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HomeMy WebLinkAbout1997-06-18 Council PacketKenai City Council Meeting Packet June 18, 1997 AGENDA KENAI CITY COUNCIL - REGULAR MEETING J JUNE 16, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://VWW.Kenai.not/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. Clarence Ladd - Main Street and Riverview Drive/Barricades. 2. Steve Liberty and Mary Ann Alfano - Application/ Conditional Use Permit/Coffee House at Lot 39A, 604 Peterson Way - Planning & Zoning Commission Discussion C. PUBLIC HEARINGS 1. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project. a. Action postponed from 6/4/97 meeting - discussion resumes (motion to approve and second remain active). b. Consideration of ordinance. C. Consideration of Substitute Ordinance No. 1746-97. 2. Ordinance No. 1747-97 - Finding That Certain 6'reclosed City -Owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are Not Required for a Public Purpose. -1- 3. Ordinance No. 1750-97 - Increasing Estimated Revenues and Appropriations by $2,750,000 in the Kenai ARFF Capital Project Fund to Finance Phase I of the Project. 4. Resolution No. 97-33 - Supporting the State of Alaska, DOT/PF In Its Effort to Properly Construct Pedestrian and Bike Paths Along State Highways, and Accepting Seasonal Limited Maintenance of the Paths Within the City Limits by the City of Kenai. a. Resolution returned to Administration for rewrite (6/4/97) - discussion resumes (motion to approve and second remain active). b. Consideration of resolution. C. Consideration of Substitute Resolution No. 97-33. 5. Resolution No. 97-37 - Approving the Sale of Lots Six and Seven, Block One, and Lots One and Two, Block Two, Evergreen Subdivision, Kim Addition, to New Castle Builders for $9,500.00 (Cash) for Each Lot. 6. Resolution No. 97-38 - Awarding a Contract for Fuel Service to Kenai Airport Fuel Service, Inc. for $.980/Gal. for Furnishing and Dispensing Unleaded Gasoline .At Their Service Station Located at the Corner of Airport Way and Willow Street. 7. Resolution No. 97-39 - Awarding a Secretarial Contract for Recording and Transcribing Minutes of Municipal Commission/Committee Meetings in the Amount of $20.00 Per Hour for the Period July 1, 1997 Through June 30, 1998 to Barbara L. Roper, D/B/A Flying Fingers Secretarial Service. 8. Resolution No. 97-40 - Transferring $5,270 in the Congregate Housing Fund for Building Repair and Maintenance. 9. Resolution No. 97-41 - Authorizing the Partial Reconveyance of the City's Current Lien Position on Tract C, Radar Subdivision, Replat No. 1, Relating to the Kenai. Peninsula Borough Economic Development District's Business Innovation Center. 10. Resolution No. 97-42 - Approving a Contract to Cook Inlet Construction, Inc. (CIC, Inc.) For the Project Entitled, 111997 Kenai Municipal Airport Taxiway "C" Extension" for the Total Amount of $1,318,597.50 Which Includes Basic Bids A and B, and Alternatives I Through III. CV= 11. Resolution No. 97-43 - Awarding a Contract for Professional Construction Services to Wince-Corthell- Bryson for the project Entitled, "Taxiway "C" Extension North" for the Total Amount of $195,815.00. 12. Resolution No. 97-44 - Supporting the Alaska Statehood Act and Its 90-10 Provisions Regarding Oil Royalties. D. COMMISSIONICOMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of June 4, 1997. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1751-97 - Increasing Estimated Revenues and Appropriations by $645,700 in the Animal Shelter Capital Project Fund for Construction of the Animal Control Shelter. 4. *Ordinance No. 1752-97 - Replacing the Current Kenai Municipal Code Land Use Table (KMC 14.20) and Its Footnotes With the New Land Use Table and Footnotes (See Exhibit "A" Attached). -3- 5. Approval - Special Use Permit/Snug Harbor Seafood. 6. Approval - Memorandum of Agreement/Mission Street Improvements - Department of Transportation. 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 J. DISCUSSION R. 1. Citizens (five minutes) 2. Council -4- w 0 w O a o�. � S c� z � w o a H w w a � S w z A a a°a � 0 pq aq w z o a N a w o z w o a 14 a w z �C m w a ra W H O O m z w o a w a H w w IL min ADD TO: REMOVE: MAYOR'S REPORT JUNE 18.)1997 COUNCIL MEETING REQUESTED CHANGES TO THE AGENDA BY: B-2, 6/17/97 letter from Kathy Tomrdle supporting Alfano/Liberty conditional use permit request. Tomrdle Resolution No. 97-44 - Remove for amendment and placement on July 2, 1997 agenda. Administration CONSENT AGENDA MAYOR'S REPORT June 12, 1997 CITY OF KEiVA 6 --'� Od Cajaitrd aj,4142j4a" 210 FlDALG0 AVE.. SUrM 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-75M FAX 907-283-3014 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of June 25, 1997. This hearing was postponed by the Planning and Zoning Commission at their meeting on June 11, 1997. As a courtesy, the application will be reviewed by the Townsite Historic District Board at their meeting on June 16' at 5:30 p.m. The TSH Board comments will be forwarded to the Planning and Zoning Commission for their action at the June 251 meeting. PZ97-24—An application submitted by Mary Ann Alfano for a Conditional Use Permit for a Coffee House at Lot 39A, Dolchok Subdivision, 604 Peterson Way, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to June 25th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY May 27, 1997 CITY OF KENAI it /.1 oj414aj*ia11 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 tag CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been Scheduled for the Planning and Zoning Commission Meeting of June 11, 1997: PZ97-24—An application submitted by Mary Ann Alfano for a Conditional Use Permit for a Coffee House at Lot 39A, Dolchok Subdivision, 604 Peterson Way, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to June 11 th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: 5121 /97 GENERAL INFORMATION Applicant: Mary Ann Alfano 604 Peterson Way Kenai, AK 99611 Prepared By: JL/mk Res: PZ97-24 Requested Action: Conditional Use Permit —Coffee House Legal Description: Lot 39A—Dolchok Subdivision, 604 Peterson Way Existing Zoning: TSH—Townsite Historic District Current Land Use: Historic District/Residential ANALYSIS City Engineer: The applicants wish to operate a coffee house at the referenced location, within the TSH District. A coffee house operated at this location for a brief period in 1993. The operation lapsed for reasons stated in the letter from the applicant. The zone at this time was CC —Central Commercial and no CUP was required. This use is listed as a conditional use in the current KMC Land Use Table. Building Official: A building permit is required if remodeling occurs. No building code issues are required for issuance of a CUP. RECOMMENDATIONS This would appear to be an appropriate use within the zone. Recommend approval with proper off-street parking. ATTACHMENTS: 1. Resolution No. PZ97-24 2. Application `Z r)reallwiinn c CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ97-24 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: MARY ANN ALFANO USE A COFFEE HOUSE LOCATED 604 PETERSON WAY —LOT 39A—DOLCHOK SUBDIVISION WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: April 21, 1997 2) This request is on land zoned: TSH—Townsite Historic District 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: June 12, 1997 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED COFFEE HOUSE MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT., PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 12 , 1997. CHAIRPERSON ATTEST: Planning Secretary CITY OF KENAI CONDITIONAL USE PERMIT 4 woo �J NAME �� N�►U�q PHONEe993 �^' ,z S MAILING ADDRESS y 'r-ermStr;u ADDRESS LEGAL DESCRIPTION Vorr�E ZONING DISTRICT C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RU1 Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE RFC THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as described: /f'n FFFc` /fincs Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMITS: /},U 47-rAG1.It';9 P e- Applicant Signature: Date:, Approved at PH Meeting: Approved: Chairperson Attest: CONDITIONAL USE PERMIT OBJECTIONS for Lot 39A, Dolchok Subdivision 604 Peterson Way 1. RELIGIOUS The Holy Assumption Russian Orthodox Council voted to object to the proposed conditional use permit for the following reasons: A. Sacred burial site of the first priest, Father Nikolai, who was responsible for vaccinating the survivors of smallpox on Kenai Peninsula B. Next to the site of the first Christian church on the Kenai Peninsula founded by Father Nikolai. 2. HISTORICAL (no official Historic Board review) A. This property was the prime factor in establishing the Townsite Historic Zoning Regulations. B. There are less than 25 National Historic Landmarks in Alaska (none In Anchorage; the closest In Kodiak) C. Violation of Section 14.20.105(b) 8. of the City of Kenai Townsite Historic (TSH) Zoning District: 'The Board will review all building permit applications as well as all exterior architectural alterations and demolitions within the designated zone." D. This cabin is one of the few remaining historic residences in Kenai that Illustrates the themes of both the Early Community Building Era and Kenaitze Subsistence. [Kenai Townsite Historic District Survey Report, 1996] E. 'The City of Kenai should consider purchasing the Lindgren/Jones House and the Dolchok/Juliussen Cabin. [Kenai Townsite Historic District Survey Report, 19961 3. ECONOMIC A. Over 50,000 tourists each year visit Kenai. The Alaska Tourism Council reports that visitors wish to see authentic history. Authentic history is viewing the way things really were. B. The National Historic Landmark in Kenai is one of the major reasons tourists come here. 4. LEGAL A. Planning & Zoning Section 14.20.150 Conditional Uses (b)(1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; Permitted Uses: One family dwelling, two family dwelling, professional offices, charitable institutions, churches, libraries, museums, parks and recreation. [ii] Such uses must be in harmony with the intent of the zone TSH Section 14.20.150 e: Development Criteria: The development criteria is intended to provide for a district in which residential and business enterprises co -habitat as a desirable and compatible use. (2) f i} "The benefits to the City in terms of economic development must outweigh any adverse effects on adjoining properties. B. Parking: The proposed parking is directly behind the parking area for the chapel. (See map) C. Proper Procedure has not been followed. TSH Zoning District Review needs to be completed (Section 14.20.105 part (9) d which requires submission to the Planning and Zoning Commission D. Adjacent Property Owners Objections: (See map) RECOMMENDATIONS 1. TOWNSITE HISTORIC BOARD REVIEW TO DETERMINE ACCEPTABLE USE SHALL BE SUBMITTED TO P & Z [Section 14.20.105 (5) (fl 2. SURVEYOR'S SITE PLAN SHOWING PROPERTY LINES AND REQUIRED PARKING 3. LANDSCAPING REQUIREMENTS ACCORDING TO CITY OF KENAI AS REQUIRED BY KMC 14.25 Dorothy Gray June 11, 1997 Reprinted by C. Freas - original not copyable CITY OF KENAI HISTORIC REVIEW KENAI BUILDING DEPARTMENT Application for Deveiopment in Townsite Historic Zone meNpri - i_ STAFF REVIEW' Initial review to see if application is consistent with KMC 14.20.105. forward findings to H1?8. HISTORIC DISTRICT BOARD REVIEW Review the permit to assess whether it conforms to KMC 14.20.105, pass on recommendations to Kenai Planning and Zoning Commission. PLANNING AND ZONING COMMISSION Make finai review and chose one of the following options Approve the Permit I Approve the Permit with Deny the Permit Stipulations 9.4 (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: As described in Development Requirements Table. (g) Parking Requirements: As required by this chapter. (Ord. 925) 14.20.105 Townsite Historic (TSH) Zoning District: (a) Intent. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. (b) Historic District Board. A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. A majority, plus one member must be residents of the City of Kenai. (2) To the extent available, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet twice each year or as necessary and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties: (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Department. (4) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey shall be compatible with the Alaska Heritage Resources Survey and able to be S65-1020/93 14.22 CITY OF KENAI n. '�, G i' O� Ip readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated annually. (Ord. 1636-95) (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural -al - terations and demolition within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. (9) The Board shall develop a local historical preservation plan that will be compatible with the Alaska State Historic Preservation Plan and produce information that is compatible with the Alaska Heritage Resource Survey. (d) Application: An application requiring review in TSH Zoning District shall be filed with the Planning Department. The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. lice application shall contain: (1) One reproducable copy of the application signed by the applicant and, if leasing the premises, co -signed by the owner indicating type or nature of business. (2) Current color photographs of the site and of any existing structures representing both the overall condition of structures and accurately portraying materials and color. (3) Reproducable schematic plans of the proposed construction sufficient to show building size and layout, exterior elevations, proposed materials and colors. (4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. (e) Development Criteria. The development criteria is intended to provide for a district in which residential and business enterprises co -habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever possible and compatible with historic character S69-09/01/95 14-23 CITY OF KENAI of the TSH zone, foot traffic; restaurants, gift shops, parks, etc; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3) Specific structures and activities which will not be allowed, but are not limited to: (a) Buildings with "modern design style of architecture" that have no historical correlation with the district; (b) Multiple family residences (excluding duplexes); (c) Gas stations; (d) Auto repair shops; (e) Rental storage of any kind; (f) Kennels or similar uses; (g) Livestock, Stables, Commercial horseback riding; (h) Auto body and paint shops; (4) Commercial buildings are limited to a total area of no more 5,000 square feet per story. Any individual unit within the structure may be of no more than 2,500 square feet, except that the Commission may allow a larger individual unit if it is determined to be compatible with the zone. (5) Metal -sided buildings may be allowed if the Commission determines they are compatible with the zone. (f) Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site. and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai as required by KMC 14.25. (5) All exterior construction must be completed within a year of date of approval. (g) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements: S65-1020/93 14-24 CITY OF KENAI --1). 07- ing (1) The structure to be rebuilt must conform ommiss on determinesviously the structure in terms of size, shape and location unless % new structure is more comphe newlsle hructuretemust be thethe innt of the TS�same as the use of the (2) The use of previous structure. (3) Application for reconstruction of f loss due to demolition orhe structure must be ddamage. Planning Department within one year of the date complete within two years of (4) Reconstruction of the structure must be the date of the loss due to demolition or damage- pre-existing structure, the (5) If applicant wants to rebuild, other than a existing structure provisions as stated above are not applicable. (h) Criteria for designation of landmarks to be included in the TSH: (1) Its age - approximately fifty years old. (2) Its character, interest or value as part of the development, heritage, or culturai characteristics of the city of Kenai. (3) Its location as the site of a significant historic event. (4) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (5) Its distinguishing characteristics of an architectural t are eligible for (6) Its relationship to other distinctive areas preservation according to a historical, cultural, or architectural criteria. (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses: As allowed in the Land Use Table and subject to the provision of this chapter. principal uses permitted in the zone. 1. Such uses must be similar top p 2. Such uses must be in harmony with the intent of the zone. aztment �� Review process. Upon submittal of an application, the Planning shall schedule the application for review by the TSH Zoning District Review Board a the following appropriate meeting. The Board shall make a recommendation regarding the permit application to the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in this section and all other pertinent provisions of the Kenai Municipal Code. (k) Ste, Signs shall be as allowed in the Commercial Zone as set forth in KMC 14.20.220(e). (1) Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260. (M) Definitions. exterior 1. Alteration -Any act or process that changes limited im tede or o o,othe eerection, architectural features of a structure, including, but no construction, reconstruction, or removal of any structure which requires a building permit. structure or 2. Construction -The act of adding an addition to an existing S69-09/01195 14-25 CITY OF ROEKAI the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. ,Demoiition-Any act or process that destroys in part or in whole a landmark or a structure within a historic district. 4. Certified Local Government -A local government "that has been certified to carry out the purposes of section 101(b) of the National Historic Preservation Act." (Ord. 1637-95) 5. Historic District -An area designated as a "historic district" by ordinance of the City Council, which contains within definable geographic boundaries, one or more landmark and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 6. Historic Preservation -The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark -A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. 8. New Development -Any development which requires a building permit. 9. Reconstruction -The action of returning a structure to original state. 10. Relocation -Any relocation of a structure on its site or to another site. 11. Renovation -To restore to a former better state (as by repairing or rebuilding). 12. Site plan -Schematic drawing complying with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. (Ord. 1133, 1527-93, 1567-93) 14.20.110 Central Commercial Zone (CC Zone): (a) Intent. The CC Zone is established to provide for an area of concentrated commercial development. Regulations applying to this zone are designed to encourage a compact group of business of the type which are mutually beneficial and located close enough together to encourage walk-in trade. (b) Principal Permitted Uses: As allowed in Land Use Table. (c) Conditional Uses: As allowed in Land Use Table and subject to the provisions of this chapter. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: Uses as allowed by this chapter. (f) Development Requirements: (1) No stores or businesses shall involve any kind of manufacture compounding, processing, or treatment of products where such operations are objectionable due to odor, dust, smoke, noise, vibrations, or other similar nuisances. (2) Open Storage: No open storage shall be located closer than 25 feet to S 6 9- 0 9/ 01 / 9 5 14-26 CITY OF KENAI 41W//4Wv1 /- RECEIVED ,ASV I 1997 KENAI CITY CLERK June 17, 1997 Council Members City of Kenai 210 Fidalgo Kenai, AK 99611 As a resident of Old Town and someone who owns a small business in the area, I support Mary Ann Alfano and Steve Liberty's plan to open a coffeehouse and art gallery near the Russian Orthodox Church. I know Mary Ann and Steve personally and know them to be responsible people. They have put a lot of thought into this project, worked hard to improve the property and have proposed what I believe to be a wonderful addition to the neighborhood. Tourism in Kenai is an important, growing industry, and we need to make sure people who visit have a variety of places to see and things to do. By allowing this business to go forward, touhsts and local residents will have one more reason to visit Old Town. I hope that you will consider the positive addition this business will be to the City of Kenai and grant the conditional use permit requested. Thank you. Sincerely, Kathy Tomrdle PO Box 698 Kenai, AK 99611 0-/ Suggested by: Administrati,__ City of Kenai ORDINANCE NO. 1746-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,328,000 IN THE TAXIWAY EXTENSION NORTH CAPITAL PROJECT FUND. WHEREAS, the engineering design work for extension of Taxiway C which was authorized by Ordinance 1720-96 is complete; and WHEREAS, bids for the project will be opened May 29, 1997; and WHEREAS, the FAA has indicated they will participate with 93.75% of the financing, and that the State of Alaska will participate with 3.125% of the financing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Taxiway Extension North Capital Proiect Fund Increase Estimated Revenues: Federal Grant $2,182,500 State Grant 72,750 Transfer from Airport Land System 72,750 $2,328,000 Increase Appropriations: Administration $ 5,000 Engineering 303,000 Construction 2,020,000 $2,328,000 Airport Land System Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 72,750 Increase Appropriations: Airport M & 0 - Transfer $ 72,750 Ordinance No. 1746-97 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 21, 1997 Adopted: June 4, 1997 Effective: June 4, 1997 Approved by Finance: (5/16/97) kl SUBSTITUTE Suggested by: Administration City of Kenai ORDINANCE NO. 1746-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,517,413 IN THE TAXIWAY EXTENSION NORTH CAPITAL PROJECT FUND. WHEREAS, the engineering design work for extension of Taxiway C which was authorized by Ordinance 1720-96 is complete; and WHEREAS, bids for the project Abe opened May 29, 1997; and WHEREAS, the FAA has indicated they will participate with 93.75% of the financing, and that the State of Alaska will participate with 3.125% of the financing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Taxiway Extension North Capital Proiect Fund Increase Estimated Revenues: Federal Grant $1,422,575 State Grant 47,419 Transfer from Airport Land System 47,419 $1,517,413 Increase Appropriations: Administration $ 3,000 Engineering 195,815 Construction 1,318,598 $1,517,413 Airport Land System Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 47,419 Increase Appropriations: Airport M & 0 - Transfer $ 47,419 Ordinance No. 1746-97 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: May 21, 1997 Postponed: June 4, 1997 Adopted: June 18, 1997 Effective: June 18, 1997 Approved by Finance: _zze (5/16/97) kl Suggested by: Administrat CITY OF KENAI ORDINANCE NO. 1747-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN FORECLOSED CITY -OWNED LANDS LOCATED IN INLET WOODS SUBDIVISION, AS SHOWN ON THE ATTACHED EXHIBIT A, ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai has received title to the properties identified on the attached Exhibit A, through tax and special assessment foreclosures, and WHEREAS, the City has received a Quitclaim Deed from the former owners relinquishing all rights to the property, and WHEREAS, KMC 22.05.010, .030 and .090 require that the Council shall determine whether certain City -owned properties are needed for a public purpose, and WHEREAS, 22.05.010 states "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose.", and WHEREAS, it is the recommendation of the City Administration and the Kenai Planning and Zoning Commission that the properties be made available for sale. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain foreclosed city -owned lands located in inlet Woods Subdivision, as shown on the attached Exhibit A, are not required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 4, 1997 Adopted: June 18, 1997 Effective: July 18, 1997 (5/21 /97)kh Exhibit "A" 1. Parcel No. 041-012-01, Lot TWO (2), Block EIGHT (8), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 2. Parcel No. 041-012-18, Lot EIGHT (8), Block SEVEN (7), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 3. Parcel No. 041-013-1 1, Lot ONE (1), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 4. Parcel No. 041-013-12, Lot TWO (2), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 5. Parcel No. 041-013-13, Lot THREE (3), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 6. Parcel No. 041-013-19, Lot NINE (9), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 7. Parcel No. 041-013-30, Lot ONE (1), Block TWO (2), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 8. Parcel No. 041-013-31, Lot TWO (2), Block TWO (2), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 9. Parcel No. 041-013-45, Lot SIX (6), Block THIRTEEN (13), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 10. Parcel No. 041-013-46, Lot SEVEN (7), Block THIRTEEN (13), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. Memorandum CITY OF KENAI it Oil CoajaiW aj Aad" 11 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Mal 111101 1992 Date: May 29, 1997 To: Richard A. Ross, City Manager From: Kim Howard, Administrative Assistant RE: 1997 Land Sale - Ten Inlet Woods Subdivision Lots Attached is a draft brochure for a competitive bid sale of ten residential lots in Inlet WoodE Subdivision. Ordinance 1747-97, finding the property is not required for a public purpose, is scheduled for introduction at the June 4 Council meeting. The public hearing is scheduled for Junc= 18, and the effective date of the ordinance will be July 18. The Planning and Zoning Commission, at their May 28 meeting, reviewed Ordinance 1747-97 anc maps of the area. Their recommendation was that the properties are not needed for a public purpose and can be sold.. The date of the sale is scheduled for July 18 at 10:00 a.m. The brochure allows for each parcel tc be sold individually. Bidders may make more than one bid on a single parcel. The minimum bic will be the Borough assessed value of $13,000. The terms of the sale are cash or credit. In the event of a credit sale, the City will accept a note secured by a deed of trust. Kenai Municipal Code requires a minimum down payment of 15% ($1,950). Approximately $1,413 of the proceeds from the sale of each lot will be used to pay delinquent taxes. The buyer will take the property with no amounts due for City special assessments or for City or Borough property taxes for 1997 or prior years. Resolution 81-36 set the rate of interest to be included in notes taken on sale of City lands at 10% The length of the note will be ten years. In discussions with the City Administration, we agreed that the lots would be more marketable r,: conveyance was by warranty deed. TransAlaska Title has prepared a limited liability report that will be available at City Hall for potential buyers to review. For an additional $422, TransAlaska Title will provide the City title insurance on the property until the property is sold. Attached is a purchase order for your signature for this purpose. Attachments 0 F� P 1997 LAND SALE - TEN INLET WOODS SUBDIVISION LOTS BID DATE and TIME: LOCATION: July 18, 1997 @ 10:00 a.m. KENAI CITY COUNCIL CHAMBERS 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 9961 1-7794 City of Kenai 1997 Land Sale - Ten Inlet Woods Subdivision Lot 4 General Information On Jul 18 1 1 ' y 997, at 0.00 a.m., the City of Kenai will be conducting a sale of ten (10) residential lots in Inlet Woods Subdivision, Part One. The lots are located in a neighborhood zoned Suburban Residential (RS), approximately two miles to the north and west of the downtown Kenai commercial district, on Redoubt Avenue. Vicinity maps are included in this packet as Attachments A and B. The properties are described as: 1 . Parcel No. 041-012-01, Lot TWO (2), Block EIGHT (8), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 2. Parcel No. 041-012-18, Lot EIGHT (8), Block SEVEN (7), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 3. Parcel No. 041-013-1 1, Lot ONE (1), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 4. Parcel No. 041-013-12, Lot TWO (2), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 5. Parcel No. 041-013-13, Lot THREE (3), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 6. Parcel No. 041-013-19, Lot NINE (9), Block FOUR (4), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 7. Parcel No. 041-013-30, Lot ONE (1), Block TWO (2), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 8. Parcel No. 041-013-31, Lot TWO (2), Block TWO (2), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 9. Parcel No. 041-013-45, Lot SIX (6), Block THIRTEEN (13), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. 10. Parcel No. 041-013-46, Lot SEVEN (7), Block THIRTEEN (13), Inlet Woods Subdivision, Part One, according to Plat No. 84-279. Page 1 of 3 Lot sizes range from 9,514 sq. ft. to 14,729 sq. ft. Each of the lots has similar paved road access, and public water and sewer utilities stubbed to the lot line. Electricity, telephone and natural gas are available. The City does not warrant the availability of, or cost of, extending these utilities. Bidders are urged to check with utility companies as to utility locations. All bids must be submitted in writing on the bid form included in this bid package as Attachment C. A separate bid form must be used for each parcel. Bidders may copy the blank form for the purpose of bidding on several parcels. All bid forms must be signed and completely filled out. Bidders must be at least eighteen (18) years of age at the date of the bid opening. Any irregularities on the bid form, such as incomplete information, insufficient or inconsistent identification of the property, or lack of signature, may invalidate the bid. All bid forms must be sealed with the required bid deposit(s) in envelopes addressed as follows: City of Kenai, Alaska 1997 Land Sale - Ten Inlet Woods Subdivision Lots 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 9961 1-7794 Bid envelopes must be received prior to the bid opening to be held at 10:00 a.m. p.m. on July 18, 1997 at City Hall at the above address. Hand delivery to Kim Howard or Sheryl Paulsen in City Hall is recommended. Once received by the City, a bid may not be withdrawn. However, a bidder is not prohibited from making more than one bid on a single parcel. Ties will be broken by drawing the name of one of the tie bidders from a hat. The bidder whose name is drawn shall be deemed to have bid an additional $1.00 in breaking the tie. A $500 bid deposit in the form of a cashier's check or money order must be included with each bid form. A bid envelope may contain multiple bid forms. The minimum acceptable bid for each lot is $13,000. The terms of sale are cash or credit. If a cash sale, payment will be cash, cashier's check, or money order within 14 (fourteen) days of the bid opening. In the event that full payment (cash sales) or the down payment (credit sales) is not received from the highest bidder within 14 (fourteen) days of the bid opening, the bid deposit will be forfeited and the successful bidder will lose all right to the property. In this case, the property will be offered to the second highest bidder, who must perform at his or her bid amount within 14 (fourteen) days, or the bid deposit will be forfeited. This process will continue until the land is sold or there are no more bidders. Page 2 of 3 Credit may be extended. The City will accept a note, secured by a deed of trust. The terms will be a 15% down payment at 10% annual interest. The length of the note is to be ten years, with monthly payments, and the right of early payoff. All recording fees, collection fees (set-up and annual), and closing fees will be paid by the buyer. Bid deposits of unsuccessful bidders will be returned by City check within sixty (60) days of the bid opening. This extra time allows the City to offer property to the next highest bidder(s) if the highest bidder fails to perform within the designated time. The bid deposits, less fees, of successful bidders who perform within the designated time will be applied to the sale price. Conveyance will be by warranty deed. An updated limited liability report is available for review at City Hall. The buyer will take the property with no amounts due for City special assessments or for City or Borough property taxes for 1997 or prior years. All property is to be sold subject to any and all restrictions, easements, or reservations of record, zoning ordinances, and any and all plat requirements and covenants. All prospective bidders are urged to examine any parcels they are interested in prior to the sale. No subsurface interest will be conveyed to the buyer. Prospective buyers are also advised that the City reserves the right to withdraw any or all of the parcels scheduled for sale, either before or after the bid opening. Questions concerning the sale procedures should be directed to Kim Howard at 283- 7530 at City Hall. The City of Kenai will not disclose bidding information, such as what bids have been received from whom or for which lots bids were received (if this information is known), until after the bid opening. QRPFZ Page 3 of 3 x I 1-13PA, INLET WOODS SUBDIVISION Attachment A 10 / 'P LO on 1. F. / lo'( M S Fg QC) !0Gj LOT- LDT-9 )T 10 -P %514 1 F 9 600 IF t'p r 7 �OT 2 ILF. 9 w 10MIR IF LO + 'K6,00 IF T L it :!L&. LOT- 1E LOT LO - I OT '7 9 11,930 IF $A= BY. LOT I LOT _A.4 LOT 0 /X LOT 16 0' 6.059 IF. LOT - 2 LOT LOT LOT- IT LOT • 15 91180 9,600 *1 P LT . 3 0 �O / 166141 asLOT-16 + LOT-4 SAM IF LOT - 4 'k' W LOT - 14 4 9.600 ILF /0 Riot-i RiotBY. .411 Raaa LOT - Is lip 11.400 IF LOT5 x LOT-4 FAA LOT 13 Lo %1 LIk I T3,r 9 1, 9.289 &F A, 9.6" IF ROM IF 44 LOT-14 W 9.6"al P/ LOT-3 LOT,12 LOT 14.s"sY.. Rt IIAls IF *.Zap LOT- 2 LOT- 13 + Y LOT- I IF L9600 oxoL.T.,b ash M4.9 ft 1� SAM IF A, LOT -II z LOT*12 8.001 IF 9.1 LOT-2 LOT-9 ollim at LOT - 13 LOT- Ap tow IF. it LOT. 3 -10 LOT -I 1 /0 LOT 10 IS. LOT-9 2.6d6 14 LOT - 12 6.647 BY 9.2117 a F LOT 4 LOT-11 b 9. LOT, 10 _JT-9 9.600 IF t *AM IF LOT"11 LOT' 9 IF $tA"$Y. LOT-10 + sma $A LOT-88A 0 0% LOT-6 LOT 7 _1$ " t 961100 81 loses al LO 1O."s LOT- 7 LOT-9 '04e, IMAID IF "14 LOT- 7 1401, -0 am gi! LOT 6 I"Ta LOTW& 0 LOT- 6 9JW t'4 I4'zv7 IF LOT I + LOT- I It.4401E 961119 u CURVE TABLE 'b y 2 LOT 5 LOT-2 ltin IF LOT-5 ■ ZrSI .,.` *AM If.• 169" IF LOT LOT-3 4WW Va LE LOT-4 LOT•4 KNO94 ILE a C-70 C K .431 IF 11-431 of L T` W 0 LOT-6 LOT - 5 LOT-4 LOT-3 1 mw S.F v- *ADO By. 91.15" 2.1 Attachment B I A 3 LOT-3 I SAW ILE r-z -4 7ALET blows SLWXVX.l .0.7115 oil D AVENUE PART oAir i; LOT-2 A ftom"sV"Sdn of 106" a pwww• c. Gin IF Q." 6 L JOCK 0 k E LOT-3 LOT-2 LOT-1 LOICATION' LOT -I W.Vall "MRS WTUAM Ill M falls 11.— — MAW By 11,818 If. ^ LOT lolls .10 30. TOK PS 1116 a.m.. Alf. TM LITY OF 11.111119 91 e uAr THE IMMI P1111*9111111LLA SOMMIM. memo &SIMU.— QL mmolb, City of Kenai 1997 Land Sale - Ten Inlet Woods Subdivision Lots Bidder's Name: (Please print or type) Address: BID FORM City, State and Zip: Phone Number(s): 5q( This bid is on the following property (list only one parcel): Legal Description (found in bid package): Lot , Block , Inlet Woods Subdivision, Part One (Note: Minimum bid is $13,000.) Total bid amount in numerals: $ Total bid amount in writing: Indicate whether you intend to purchase with cash or terms. Cash Terms My $500 good faith deposit, in the form of a cashier's check or money order, is attached. I acknowledge the terms and conditions of the land sale as set out in the bid package and the General Information. Signature Date Attachment C Suggested by: Administratio City of Kenai ORDINANCE NO. 1750-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,750,000 IN THE KENAI ARFF CAPITAL PROJECT FUND TO FINANCE PHASE I OF THE PROJECT. WHEREAS, the City is planning to award the contract for phase 1 of construction of the Kenai ARFF project on June 18, 1997; and WHEREAS, the FAA has indicated they will participate in the financing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Kenai ARFF Capital Project Fund Increase Estimated Revenues: Federal Grant $2,578,125 State Grant 85,937 Airport Land System Fund 85,938 $2,750,000 Increase Appropriations: Engineering $ 250,000 Construction 2,500,000 $2,750,000 Airport Land System Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $ 85,938 Increase Appropriations: Airport Land - Transfers Out $ 85,938 Ordinance No. 1750-97 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: Approved by Finance: (5/30/97) kl June 4, 1997 June 18, 1997 June 18, 1997 Suggested by: AdminisuduuI I CITY OF KENAI RESOLUTION 97-33 A RESOLUTION OF THE CITY OF KENAI SUPPORTING THE STATE OF ALASKA, DOT/PF IN IT'S EFFORT TO PROPERLY CONSTRUCT PEDESTRIAN AND BIKE PATHS ALONG STATE HIGHWAYS, AND ACCEPTING SEASONAL LIMITED MAINTENANCE OF THE PATHS WITHIN THE CITY LIMITS BY THE CITY OF KENAI. WHEREAS, the City of Kenai has previously stated in Resolution No. 96-1 that it is in the best interest of the Department of Transportation to provide safe and expedient flow of not only vehicles, but bicycles and pedestrians at a reasonable cost to the public, and WHEREAS, Resolution 96-1 is in support of the Kenai Spur Unity Trail pedestrian/bike path project, and WHEREAS, the City of Kenai supports DOT/PF's effort to properly construct pedestrian and bike paths using proper engineering methods to prevent structural failure. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Manager is authorized to accept seasonal maintenance, May through September, of the pedestrian/bike paths within the Kenai City limits. Section 2. That the maintenance by the City of Kenai consists of sweeping and surface debris removal. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of June, 1997. ATTEST: Carol L. Freas, City Clerk Written by Public Works: /Zo JOHN J. WILLIAMS, MAYOR SUBSTITUTE Suggested by: Administration CITY OF KENAI RESOLUTION 97-33 A RESOLUTION OF THE CITY OF KENAI SUPPORTING THE STATE OF ALASKA, DOT/PF IN ITS EFFORT TO PROPERLY CONSTRUCT PEDESTRIAN AND BIKE PATHS ALONG STATE HIGHWAYS, AND DESCRIBING THE CITY OF KENAI'S INTENT TO PROVIDE SEASONAL CLEANING OF THE PATHS. WHEREAS, the City of Kenai has previously stated that it is in the best interest of the Department of Transportation to provide safe and expedient flow of not only vehicles, but bicycles and pedestrians at a reasonable cost to the public, and (04WHEREAS, Resolution 96-1 is in support of the Kenai Spur Unity Trail pedestrian/bike fpath project. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: That the City Manager is authorized to use City of Kenai personnel to sweep and remove surface debris from the pedestrian and bike paths during the period of May through Septem�er. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 181h day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk kw/6/11 /97 Suggested by: City Administrati, City of Kenai RESOLUTION NO. 97-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE SALE OF LOTS SIX AND SEVEN, BLOCK ONE, AND LOTS ONE AND TWO, BLOCK TWO, EVERGREEN SUBDIVISON, KIM ADDITION, TO NEW CASTLE BUILDERS FOR $9,500.00 (CASH) FOR EACH LOT. WHEREAS, a written request has been received from New Castle Builders to purchase four lots in Evergreen Subdivision, Kim Addition, for $9,500.00 each; and WHEREAS, Ordinance No. 1548-93 determined the property is not required for a public purpose and can be sold; and WHEREAS, these lots were included in a competitive bid sale in April of 1994, with the minimum bid being the fair market value of $1 1,000; and WHEREAS, no valid bids were received; and WHEREAS, there have been no other offers to purchase the property; and WHEREAS, KMC 22.05.040(e) states the following: If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with a modification of proposed terms or for less than the appraised valuation provided that no such negotiated sale for less than appraised value shall be binding upon the City unless the terms and price therein are approved by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council approves the sale of Lots Six And Seven, Block One, and Lots One and Two, Block Two, Evergreen Subdivision, Kim Addition, to New Castle Builders for $9,500.00 (Cash) for each lot. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18`h day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance (6/5/97) kh c-6 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 97-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR FUEL SERVICE TO KENAI AIRPORT FUEL SERVICE, INC. FOR $.980/GAL. FOR FURNISHING AND DISPENSING UNLEADED GASOLINE AT THEIR SERVICE STATION LOCATED AT THE CORNER OF AIRPORT WAY AND WILLOW STREET. WHEREAS, Kenai Airport Fuel Service Inc.'s bid was the only bid received for the above referenced fuel and service; and WHEREAS, the posted rack prices at Tesoro, Nikiski on June 10, 1997 is $.880; and WHEREAS, the unit price for fuel will fluctuate both as an increase or decrease at the same rate as the posted rack price at Tesoro, Nikiski; and WHEREAS, the recommendation from the Public Works Department is to award the contract to Kenai Airport Fuel Service, Inc. for the prices quoted in their bid; and WHEREAS, the Council of the City of Kenai has determined that Kenai Aviation Fuel Service Inc.'s bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for fuel service be awarded to Kenai Airport Fuel Service, Inc. for the amount of $.980/gal. for furnishing and dispensing unleaded gasoline at their service station located at the corner of Airport Way and Willow Street. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18" day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Written by Public Works: Approved by Finance: 6/97/kw Suggested by: City Clerk CITY OF KENAI RESOLUTION NO. 97-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A SECRETARIAL CONTRACT FOR RECORDING AND TRANSCRIBING MINUTES OF MUNICIPAL COMMISSION/COMMITTEE MEETINGS IN THE AMOUNT OF $20.00 PER HOUR FOR THE PERIOD JULY 1, 1997 THROUGH JUNE 30, 1998 TO BARBARA L. ROPER, DB/A FLYING FINGERS SECRETARIAL SERVICE. WHEREAS, on June 10, 1997, the city received a proposal for a secretarial contract for the recording and transcribing of minutes of municipal commission/committee meetings for the period beginning July 1, 1997 and ending June 30, 1998 as follows: Proposal Rate Per Hour Barbara L. Roper, d/b/a Flying Fingers Secretarial Service $20.00 WHEREAS, the proposal from Barbara L. Roper, d/b/a Flying Fingers Secretarial Service is a responsible proposal and the only proposal submitted. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract in the amount of $20.00 per hour for the period beginning July 1, 1997 and ending June 30, 1998 for a secretarial contract to record and transcribe minutes of municipal commission/committee meetings be awarded to Barbara L. Roper, d/b/a Flying Fingers Secretarial Service. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 1997. ATTEST: Carol L. Freas, City Clerk Approved by Finance: 4�1— John J. Williams, Mayor Suggested by: Administratioa City of Kenai RESOLUTION NO. 97-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRNG $5,270 IN THE CONGREGATE HOUSING FUND FOR BUILDING REPAIR AND MAINTENANCE. WHEREAS, extensive repairs are needed in one of the Vintage Pointe Manor units; and WHEREAS, certain other repair and maintenance work is necessary; and WHEREAS, funds are available in the Managers Contract Fee Account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made. Congregate Housing Fund From: Managers Contract Fee $5,270 To: Repair and Maintenance $5,270 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (6/11/97) kl Suggested by: Administratior City of Kenai RESOLUTION NO.97-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE PARTIAL RECONVEYANCE OF THE CITY' S CURRENT LIEN POSITION ON TRACT C, RADAR SUBDIVISION, REPLAT NO. 1, RELATING TO THE KENAI PENINSULA BOROUGH ECONOMIC DEVELOPMENT DISTRICT'S BUSINESS INNOVATION CENTER. WHEREAS, on July 19, 1995, by Resolution 95-37, the City of Kenai granted $40,000 to the Kenai Peninsula Borough Economic Development District, Inc. (EDD) towards the acquisition of the ARCO warehouse and office complex; and WHEREAS, the Council wished to secure its investment and therefore is shown in second lien position on the title for the property listed as "Tract C, according the Plat of TRACT C, RADAR SUBDIVISION NO. 1, REPLAT NO. 1, filed under Plat No. 74-120, in the Kenai Recording District, Third Judicial District, State of Alaska;" and WHEREAS, EDD was required by the U.S. Department of Commerce, Economic Development Administration (EDA) to subdivide the property into two tracts, in order to receive a $1Million construction grant for the Business Innovation Center; and WHEREAS, EDD has completed the necessary subdivision and the two tracts are now identified as: "Tract C-1 according to the Plat of Tract C Radar Subdivision No. 2, filed under Plat No. 97-5, in the Kenai Recording District, Third Judicial District, State of Alaska" and "Tract C-2 according to the Plat of Tract C Radar Subdivision No. 2, filed under Plat No. 97-5, in the Kenai Recording District, Third Judicial District, State of Alaska;" and WHEREAS, Tract C-1 is now 19.014 acres of undeveloped land and Tract C-2 contains 13.211 acres of developed land and the existing office complex; and WHEREAS, EDA requires clear title on Tract C-2 before construction can begin on the Business Innovation Center; and Resolution No. 97-41 Page Two WHEREAS, EDD is requesting the City of Kenai to partially reconvey its second lien position on Tract C-2 and retain its first lien position on Tract C-1 only; and WHEREAS, based on the recent appraisal by Alaska Certified Appraisal Services, Tract C-1 has an approximate value of $76,056, providing the City of Kenai a secured first lien position on its investment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TBE CITY OF KENAI, ALASKA, that the City partially reconvey its second lien position on Tract C, Radar Subdivision, Replat No. 1 such that the City will then have only a first lien position on Tract C-1, Radar Subdivision No. 2. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 180s day of June, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk i Approved by Finance: (6/11; 97) kl n C ro q 4 < p 0 R� s� °4oiR isa - = 3 _ i j � - �� y • Gi�� ' � v v q 3 V !�G � �a7y' i .•. Gyso � oros*lo*l ads .:Zi E Er am a • > h ;< r• .v • sQ _I �� -- - • gal. !'.---• .0 UNlUDOIVIDED I L3!-M4R ( IBKK �••I •-�i•,� o I a 1 0�; ��� R HBO ��""_I 6R% :9;•i • I 3x rn D I ' g e YppINN'11/I,, Sn( I I J' ov•:•I • ° n • � n> i O yy�• � ��1 �� ( R °�• I wRi I I �� •;OIiI •n.i °iSvO _gm �R 7Q � °i I aYrR� �e '_ °�l � n^� x$��i •s „Lp;°O N O V 1 I I � —_' I I I � A �`� I • n• n � � So I e.: Y 4• o O P Z I 1 � i 1 I .•°. I Q o • •° f11 `o o' P A O i � 0 1 I i C i o Q� •• o� O a 2 0 •- $ � i j o � �� � 7: n � to N o•A, ,1 I 'i_ ° - 1 ^c7 on_"�Z /x LF June 11, 1997 Mr. Rick Ross, City Manager City of Kenai 210 Fidalgo Street, Suite 200 Kenai, Alaska 99611-7794 Dear Mr. Ross: KENAI PENINSULA BOROUGH ECONOMIC _- DEVELOPMENT DISTRICT, INC. This letter will serve as confirmation of a discussion held on June 2, 1997, with ourself and City Attorney C Y ty y Cary Graves, and Clyde Johnson and Aleja DeVito of the EDD staff. First, I would like to thank you for meeting with them on my behalf as we work toward finalizing all federal requirements on the EDD's Business Innovation Center (BIC). As you know, in July of 1995, the City of Kenai granted $40,000 to EDD for the Business Innovation Center. The Council requested that their interests be protected and therefore the City of Kenai is listed in second lien position'' j on the title for this property (existing building and 32+ acres). EDD has been awarded a $1M construction grant from U. S. Department of Commerce, Economic Development Administration (EDA) to further develop the BIC. EDA required that the property be subdivided to show the existing building with related 13+ acres; and the additional, non -related 19+ acres. Before construction can begin. EDA requires that the title must be cleared. As Clyde and Aleja discussed with you, EDD proposes that you release the existing lien and reconvey the City's position to the additional 19+ acres. The City of Kenai would then have a secured first position on the undeveloped property. An appraisal was conducted by Alaska Certified Appraisal Services as of November 20, 1996, valuing the developed acreage at $8,000 per acre. We recognize and have discounted for the difference in undeveloped property. Regardless, the City still maintains a very secure position on its $40,000 grant. 19.014 acres x $8,000/acre = (less 50% discount on raw land) Estimated Value $152,112 - 76,056 $ 76,056 u�:G� Mr. Rick Ross June 11, 1997 Page 2 EDD respectfully requests the Council to take immediate action on*-.s matter. EDA has asked for a resolution from the City of Kenai stating,.tfiat the second lien position will be released. At that point, the title can then be cleared and construction can begin. EDA must have clear title before fh�ey will award the bid to the construction company. With our short building season, this matter is critical.. " We feel the Business Innovation Center will be a compliment to the bus ess community of Kenai, and assist the region as a whole Thank you for your continued support. Sincerely,_ � .... �i•.=C Y CL. Murphy President s ` JLM/sb0 , . Enclosures: Sample Resolution for City Council Copy of Radar Subdivision No. 2 _ �. -.. .. •xr;;ii� c -.ti. 'E.. c u^� 2" 1p r 9.s.. - - 10 - % , NEEW— c.. ...g:hi+,ter+• . ...t :r. - _ �[r .? _-.i..a?;.. r _ ,. .. r - ! '{_'-.� � . l t�3�� w: .aR�+e �_•. r a'�•�zr�.'- �' - - '� 37. - j' y(.., F _ f ..- Suggested by: Administration CITY OF KENAI RESOLUTION NO.97-42 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, A CONTRACT TO COOK INLET CONSTRUCTION, INC. (C.I.C., INC PROJECT ENTITLED 1997 KENAI MUNICIPAL AIRPORT TAXIWAY "C° FOR THE TOTAL AMOUNT OF$1,318,597.50 WHICH INCLUDES BASIC B, AND ALTERNATES I THROUGH III. WHEREAS, the following bids were received on May 28, 1997: Basic Bid A Basic Bid B Alternate 1 Alternate II Alternate III Total Bid Basic Bid A Basic Bid B Alternate I Alternate II Alternate III Total Bid Basic Bid A Basic Bid B Alternate I Alternate II Alternate III Total Bid and C.I.--= 1,108, 437.50 46,430.00 50,630.00 81,120.00 31,980.00 1,318,597.50 Quality Asphalt Paving 1,303,801.00 44,800.00 45,600.00 70,200.00 27, 300.00 1,491,701.00 Engineer's Estimate 1, 685, 324.00 82, 300.00 99, 350.00 105, 200.00 46, 800.00 2,018,974.00 Foster Construction 1,154, 073.50 43, 370.00 42, 720.00 77,400.00 31,200.00 1,348,763.50 Wilder Construction 1, 353, 707.50 49,850.00 49, 600.00 90,225.00 39, 000.00 1,582,382.50 APPROVING .) FOR THE EXTENSION BIDS A AND Alaska Roadbuilders 1, 246, 548.50 40, 300.00 40, 950.00 68,200.00 27, 300.00 1,423,298.50 Goodfellow Brothers 1,499,025.00 44, 925.00 38, 600.00 84, 700.00 27, 300.00 1,694,550.00 WHEREAS, Cook Inlet Construction, Inc. `s bid is the lowest responsible bid and aw to this bidder would be in the best interest of the City, and and WHEREAS, this resolution is contingent upon FAA funding and approval, and J-1 WHEREAS, the recommendation from the City Engineer, Wince-Corthell-Bryson (project engineer), the Airport Manager and the City Attorney, is to award the contract to Cook Inlet Construction, Inc. for the total cost of $1,318,597.50, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the construction contract for the project entitled 1997 Kenai Municipal Airport Taxiway "C" Extension be awarded to Cook Inlet Construction, Inc. for the total amount of $1,318,597.50. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18'h day of June, 1997. ATTEST: Carol L. Freas, City Clerk Written by Public Works: Approved by Finance: JOHN J. WILLIAMS J-2 WINC='OORTHE L-BRYSON CONSULTING ENGINEERS P.O. BOX 1041, IUDIlI, ALASKA 99611 (907) 283-4672, FAX (907) 283-4676 City of Kenai Department of Public Works 210 Fidalgo, Suite 200 Seusi, Alaska 99611 MAY 1997 May 29, 1997 WCB Project 96.086 Subject: 1997 Kenai Municipal Engineers Recommendation rt and e C Mctension � Attention: Jack Lashot, City Engineer On May 28, 1997 Bids were opened for construction of the Subject Project- Six Bids were received and subs errors. No aritbetic errors were found. One subsequently ,for Construction, oatitted the DBE Declaration for= d�k met Attached is a copy of the tabulated Bids received for the Project. It is the recammendation of the Engineer that the Sub . be awarded to the lowest Bidder determined 7 Project responsive to the Subject Project dots. by the City to be If you have any questions, please contact our office at earliest convenience. your Philip W. Bryson P E. Vince-Corthell- Bryson Encl: Bid Tabulation 1 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 o. 111111 nn MEMORANDUM To- Richard A. Ross, City Manager From: I. Cary R. Graves, City Attorney cc: Jack La Shot Date: June 2, 1997 RE: Bids for Airport Taxiway Extension On May 28, 1997 the Public Works Department opened bids on the Airport Taxiway Extension Project. The apparent low bidder was CIC, Inc. (CIC) with a bid of $ 1,318,597.50. The nest low bidder was Foster Construction with a bid of $1,348,763.50. The difference in the two low bids is $30,166.00. (A bid tabulation sheet is attached as Exhibit A.) The same day that bids were opened, Foster Construction protested the bid on the basis that CIC had failed to include a DBE declaration form. (A copy of the protest is attached as Exhibit B.) CIC disputes the protest. (See Exhibit C, letter from Dean Robinson.) According to Dean R. Robinson of CIC, the DBE declaration form was inadvertently left out of the packet. (A copy of a memorandum from Jana and Dean Robinson is attached as Exhibit D.) The DBE declaration form states that . "Failure to complete and submit this declaration or the inclusion of a false certification shall be considered evidence that the proposal is non -responsive." ?age BBB-3 of the bidding document states: The bidder shall submit a completed Disadvantaged Business Declaration with the proposal. Proposals submitted without this form attached will be considered non -responsive. However, paragraph "q" on Page B-11 states, "At the City's discretion any informalities and irregularities may be waived." The basis of Foster's protest is that the contract language makes the submission of the DBE declaration form mandatory and, therefore, a bid without the form is non -responsive. CIC counters that the bicl documents state that my informalities may be waived. Under state law, in order for a bid to be rejected there must be a material variance from the bic. specifications. The Alaska Supreme Court has defused a material variance as follows, "A variance ir. June 2, :997 Page 2 of 2 material if it gives the bidder a substantial advantage over other bidders and thereby restricts or competition." Chris Berg, Inc. v. State, Dept: of Transp., 680 P.2d 93, 94 (1984).stifl es The court in Chris Berg further stated: The determination by a public agency of the responsiveness of a bid is within the agency's discretion, subject, on judicial review, to an ascertainment that there was a reasonable basis for the agency's action. In the instant case, we conclude that even if the DOT/PF's rejection of Chris Berg's bid is interpreted as an exercise of such discretion, the rejection was an abuse of that discretion and invalid. A✓minor technical defect or irregailarity which does not and ,.___1d _ _ rr Llow bid in anv wav close .,... .._�_L_ award the contract o the "lower* retnoncible bidder " We believe that the bid error in the present case falls within this category, since the mistake and the bid actually intended are reasonably ascertainable from the invitation to bid and the bid itself, and the mistake was discovered immediately by the agency. nli, anv rejection of r;e Rprs'e l�ha.�is_of the bi —' d error Would cone..... L Of d1S[`rE+hnn Matter of law (Emphasis added, a und� Chris B�, Id at 94. See also Gunderson v. Universi rY Of Alaska, Fairbanks, 922 P.2d 229, 235 (Alaska 1990). Thus, the state supreme court has said as a matter of state common law, in order to be declared non- responsive, a bid defect must give a bidder a substantial advantage over other bidders. In this case it is difficult to imagine how omission of a DBE declaration form could possibly give CIC a competitive advantage over the other bidders. There is no dispute that whether or not the form was submitted the successful bidder has to comply with the DBE requirements. By omitting the form. CIC did not ain any material advantage over the other bidders. g Accordingly, regardless of how the bid documents characterized the omission, because if did not give the bidder a material advantage over other bidders, as a matter of state law, the omission of the DBE declaration form is not a material variance and cannot make the bid non -responsive. 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M7 a..W maw, s-a coamwaa wadi" enaas.aaa� FAX WT-2b?-r" May 28, 1997 Tha Honorable John Williams Mayor, City of Kenai City Hall 210 Fidalqo, Suite 200 Kenai, Alaska 99611 Hand Delivery Dear Mayor Williams: FILE COPY I am representing Foster Construction Company which hereby protests the reading of the bid for Cook Inlet Construcrion, Inc., for. the airport taxi way extension on May 28, 1997. The Disadvantaged Business Enterprise declaration of Cie was not enclosed and that declaration is mandatory under the federal regulations controlling the federal funds that are being awarded by the City of Kenai. This is clear even on the face of the DBE declaration which provides: "To be eligible for award of this contract, the bidder must execute and submit as Qart oa his ororosai this declaration relating to Disadvantaged Business Enterprise (DBE). This declaration shall be deemed to be a part of the contract. Thai afore, failure to complete and submit this declaration or the inclusion Of a false certification shall be considered as evidence if the proposal is non- responsive." Page BBB-3 of the bidding docents specifically provides under Phase 1-Bid and Award: "The bidder Bball submit a completed Disadvantaged Business Declaration with the proposal. Proposals submitted grit :.out this form attached y111 be considered non- responsive." of ........... Fz^qes TM ka"Orobfo .John wdG� - - - _ P. 03 Mf1 - Gty of Kong Wy 28, 1887 Pop Two Foster CCnstt -byim strr8adinuction of is the QC pro oaalivto notice that it considers . tha u�uetion the19 rJ�emew..� bin errCr and that Fostar. =e;ponsive insists that th® contract Udder. a� Thereford&de, Foster rtladies forbidder. Poster st�tction tc - it as tha low awarded to it. itS doges the event that the Paraue contract �� that Y Very truly, saph L. Kashi ttornay at Law JLXIrmo Cc: Faster Com trZlCtio2'L i PARTICIPATION GOAL Disadvantaged Business Enterprise Goals for this contract have been established as follows: The DBE participation goal is 10% of the original contract value. The contract will contain goals expressed in dollars. Measurement of attainment of these goals will be based on the actual -amount of money received by the DBE for commercially useful work on this project. i DETERMINATION OF COMPLIANCE Phase i - Bid and Award The bidder shall submit a completed Disadvantaged Business Enterprise Declaration with the proposal. Proposals submitted without this form attached will be considered non -responsive. In addition to bid submission requirements, the apparent low bidder must demonstrate DBE responsibility prior to award of this contract by: 1. Submitting within 15 days of the notice of intent to award, a copy of the DBE Utilization Report listing the certified OBE's to be used to meet the goals. 2. If the form contains less DOE participation than is required to meet the goals, documentation of good faith effort in the form of the Summary of Good Faith Effort Documentation must be submitted. If the contract goal is not met. failure to document sufficient good faith effort wig result In the bidders disqualification for award. , Phase II - Construction Prior to construction, the contractor shall submit. in writing, the designation of a DBE officer. _ The work items and creditable dollar amounts shown for a DOE firm on the DBE _ Utilization Report must be included in any subcontract with that firm, or prior written approval for replacement of the DBE participation must have been granted, before the subcontract can be approved by the City. If the prime contract was awarded on the basis of sufficient 'good faith effort." , any subcontract containing items for which good faith effort documentation was - s BBB-3 3.. . �s .......... -1.. p,on P. 0I3ADVQN1'A3Ep BtIS ryOp�A PRISE DECLARATION Project Name: 1997 KENAI MUNICIPAL 41RPORT TAXryyAY "C•. EXTENSION Project Number: To be eligible for award of this contract, the bidder must execute an as a part of his proposal, ttus. declaration relating to M"civarta d submit, Enterprise (DBE). Tf declaration shall be deemed a gad Business part of the c Therefore, This to complete and submit this declaration of the inclusio& Ct false certification shall be considered as evidence that t hO r n a responsive. P oposal is non - The undersigned acknowledges that D8E established for this contract in the following amounts anon goals have been 10 Percant for firms owned and controlled by disadvantaged individuals and hereby declares that it will ix -required eet the goals or provide appropriate data as by the City for m award of contract within 15 days of our receipt of the notice of intent to award. Company Name: Principal's Signature & Title: i C Date: May 30, 1997 The Honorable John Williams Mayor, City of Kenai City Hall 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Dear Mayor Williams: CIC, INC. P.O. Box 534 Sokiotna, Alaska 99669 (907) 262-6340 262-4641 Fax (907) 262-7117 RECEIVED MAY ? 0 1997 KENAI CITY CLERK I would like to make some comments and observations on my behalf regarding the reading of my bid for the airport taxiway extension on May 28, 1997, and the formal protest thereof by Foster Construction. I have admitted that one of the required documents was inadvertently left out of my bid envelope, though it was prepared and signed. I delivered it to the office of the Public Works Department as quickly following the bid opening as I could make the trip to my office (in Sterling) and retum. In reading the "Invitation To Bid", we find the following: 'Bidders on this work will ... be required to comply with Disadvantaged Business Enterprise (DBE) as required in contracts assisted by the United States Department of Transportation." This requirement is emphasized by a four page subsection, part BBE of the "Instructions To Bidders", and is included by inference in the wording of the second paragraph of the "Instructions To Bidders", on page B-2, which states: "The Contract Document as a whole will be the legal agreement between the City and the Contractor." My point is that in signing my bid, affixing my corporate seal and prcMding a Bid Bond, I have guaranteed to the City that i have examined the site, apprised myself of ajj the requirements of laws, ordinances, regulations, etc., read and familiarized myself with as of the Contract Documents and agreed to be bound by AU the provisions and requiremerits therein, including the DBE renuirements. When viewed in this manner, it is arguable that the DBE Declaration is intended as, in effect, reinforcement or amplification of a standing requirement found elsewhere in the Contract Documents, which would retain equal importance without the added verbiage. 1 11 ...... .. Eh. .. ` n ... . r cf . — AI ..... Pa,;es The Honorable John Williams Mayor, City of Kenai May 29, 1997 Page 2 The protest made by Foster Construction places great emphasis on the use of so caUed "Command" language in the Contract Documents, such as the words AW and ShaL The intent would appear to be to place special emphasis on the importance of the omitted document. But the words Wja lb" and must are used tbr2Ugh= ARTICLE 1.2 "INSTRUCTIONS TO BIDDERS"; no more so in one section than another, nor in reference to one topic more than another. Therefore, the language in the bidding documents construed to apply to any and all parts of the page where it states:ning of Bid Proposals ", must be "The City may consider informal as bid not prepared and submitted in accordance with the provisions hereof. At the City's discretion aM infomRalities and irregular- ities may be waived." Is this a case where any doesn't necessarily mean any? Paragraph (above) was included in the C y• I don't believe so. I believe the resolve relatively minor discrepancies, such s his, at s discre oments to allow rLOr perhaOwner ps even to ones. After all, obviously no attempt was made by the authors of the above Paragraph to narrow the definition of "any." Taken in its entirety, this is a case where an experienced and capable contractor, with perha s the largest fleet of earthmoving equipment in its direct ownership and control of any contractor on the Peninsula, with no need to rent, buy or lease extra equipment, who has performed 100% on previous City contracts and has enjoyed a friendly and mutually beneficial relationship with the City and its Consulting Engineers over the years, has inadvertently omitted a form at time of bid opening. A form which, aside from I little more than language to the contrary (herein mitigated, I believe) is I don't believe that justice would be best served by ignoring these points, especially in light of the $30,166.00 that the Taxpayers stand to lose over the technicality. This is foremost, 1 believe, a system that is meant to reward the most frugal use of the public's money, even if on occasion it means waiving irregularities. What other reason for the waiver power? Yours very truly, Dean R. Robinson President DRR/drr �s1�C 4A'tO--- '-C� � N � R 6$ lNSo N � pJ..-k ZOO\ ...... • .. �Xf1. . .... . of ...... .... 1...... Pages Suggested by: Administra' CITY OF KENAI RESOLUTION 97-43 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR PROFESSIONAL CONSTRUCTION SERVICES TO WINCE- CORTHELL-BRYSON FOR THE PROJECT ENTITLED "TAXIWAY C EXTENSION NORTH" FOR THE TOTAL AMOUNT OF $195,815.00. WHEREAS, Wince-Corthell-Bryson's proposal dated May 29, 1997 was received on June 3, 1997; and WHEREAS, the recommendation of the City Engineer and the Airport Manager is to award the contract to Wince-Corthell-Bryson; and WHEREAS, sufficient funds have been appropriated to award this project; and WHEREAS, this contract is to provide resident engineering services including computation of quantities, inspection, construction surveying, and testing; and WHEREAS, the contract award is contingent upon FAA approval and receipt of grant funds; and WHEREAS, the Council of the City of Kenai has determined that the award to Wince-Corthell-Bryson would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for construction services for the project entitled "Taxiway C Extension North" be awarded to Wince-Corthell-Bryson for the total amount of $195, 815.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18"' day of June, 1997. ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Public Works: /kw/06/10/97 JOHN J. WILLIAMS, MAYOR WINCE-CORTHEGGL-BRYSON - 4 CONSULTING ENGINEERS / P.O. BOX 1041, KENhI , ALASKA 99611 (907) 283-4672, FAX (907) 283-4676 JA p n, ^3"!cad wI City of Kenai Department of Public Works 210 Fidalgo, Suite 200 Kenai, Alaska 99611 May 29, 1997 Subject: 1997 Kenai Municipal Airport Taxiway wC' Extension Proposal for Resident Engineering/Inspection Services Attention: Jack Lashot, City Engineer In accordance with your request to prepare an estimate of costs to provide inspection services for the subject project, we are pleased to herewith submit this Proposal to provide Resident Bngineerinq Services, including oamputation of quantities, inspection, vanstruction surveying, and testing. Generally, we propose to provide Construction Phase services similar to the 1992 Kenai Airport Construction Project Inspection also per%reed by Um. All services, with the exception of field and laboratory testing, will be provided by our WICB Kenai staff. Testing services are proposed to be provided by McLane Consulting Group. It is our intention to provide full time inspection coverage with our staff licensed Professional Engineers. During paving activities, our inspection staff will be increased by one to two persons, as conditions warrant. 8ither Phil Bryson or bark Blanning, with Casey Fadden assisting, will provide the basic Resident Engineering and Inspection coverage. Patrick Malone, L.S. will will be Head Licenced Surveyor and Party Chief for field surveying. He will also perfor: earthwork quantity computations for the project. Testing services conform to the Project Manual and F.A.A. requirements for earthwork and Paving. We anticipate that the Contractor will work six ten-hour days each week up to the paving phase. Paving operations will predictably be performed on several sixteen hour day clusters, with several days between time clusters. 1 We estimate the following personnel hourly efforts will be required to appropriately provide the desired Inspection services for the Project: RESIDENT ENGIINEERING/INSPEMON Engineer VI Engr. Tech/CAD Technician I Licensed Surveyor Party Chief alone Teo Person Crew Three Person Crew TESTING 978 hours total 75 hours 297 hours 20 hours 120 hours 125 hours 130 hours Density Test- 14 trips 314 each Procter Test 3 each �Atons 20 each Marshall Control, A.C. 20 each Extraction, A.C. 20 each Gradation, A.C. 20 each Densities, A.C.-20 trips 384 each fin Y OF COSTS: Philip Bryson, P.B. Mark Blanning, P.B. Casey Madden, P.R. Patrick Malone Derick Eagle Resident Engineering/Inspection $ 95,520.00 Field Surveying $ 57,395.00 Testing $ 39,400.00 Record Drawings $ 3,500.00 Estimate Total $ 195,815.00 We propose to provide the above stated services is accordance with our current Standard T-i r-t of Rates and Charges for a not -to -exceed I 1 r it of $195,815.00. If you have aay questions, please contact our office at your earliest convenience. Very Truly Yours, Vince-Corthel l-Bryson W Philip W. Bryson, P.E. WINCE - CORTHELL- BRYSON CONSULTING ENGINEERS SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES EFFECTIVE JANUARY 1, 1997 ENGINEERING* ENGINEER VII ENGINEER VI ENGINEER IV ENGINEER III ENGINEER TECHNICIAN TECHNICIAN I DRAFTSMAN TYPIST (Reports & Specifications Only) CAD SYSTEM (In Addition to Operator) SURVEYING REGISTERED LICENSED SURVEYOR PARTY CHIEF 2 PERSON FIELD CREW 3 PERSON FIELD CREW RATE PER HOUR** $90.00 $80.00 $61.00 $50.00 $57.00 $40.00 $43.00 $40.00 $15.00 STANDARD TITLE 36 ST I OT ST i OT $80.00 $80.001 $80.001 $80.00 $65.00 $75.00 ! $90.00 ! $110.00 $110.001 $130.001 $155.00 $185.00 $140.00 1 $165.00 I $210.00 ' $250.00 SUBCONSULTANTS. Subcontract cost plus 10% ADDITIONAL CHARGES 1. Automobile travel for trips to points in excess of five miles from office, at the rate of $0.40 per mile both ways. 2. Actual cost of airline, charter, train, bus or cab fare or auto rental. 3. Actual cost of subsistence and lodging. 4. Actual cost of long—distance telephone calls, telegrams, freight and express charges, and postage other than ordinary first—class. 5. Actual cost of materials required for the job and used in surveying, printing and repro— duction costs. 6. Actual cost of special tests and services for special consultants. To the total amount of Items 2 through 6 above, an amount of ten percent (10%) shall be added for administrative and overhead costs. * Engineering classifications shown correspond to ASCE grades. ** Rates for projects which require 120 hours or more of Engineer —classified position time are subject to prior negotiation. Special rates shall apply only if negotiated prior to the start of the project. Surveying Estimate -Kenai Airport ITEM Personnel Time Rate Amt. Identify & set control, establish TBM's 2m 16 $155 $2,480 Flag Clearing Limits 2m 20 $155 $3,100 Pre-excay. X-sec's - incl. borrow & exist. & new stockpile areas) 2m 40 $155 $6,200 Slope Staking: (incl. drainage ditches) Access Road 3m 16 $210 $3,360 Gravel Runway (incl.T/W L) 3m 16 $210 $3,360 Taxiway P (incl. T/W D) 3m 16 $210 $3,360 new stockpile area 3m 2 $210 $420 Quantity X-sec's T/W P, D 2 m 10 $155 $1,550 Gravel Runway 2 m 6 $155 $930 Access Road 2 m 8 $165 $1,240 Borrow area 2 m 6 $155 $930 new stockpile area 2 m 3 $155 $465 Gravel Hubs (redtops): Access Road (3 point) 3m 8 $210 $1,680 Gravel Runway (incl.T/W L) (3 point) 3m 12 $210 $2,520 Taxiway P (incl. T/W D) (5-point) 3m 18 $210 $3,780 Parking Apron (3 point) 3m 12 $210 $2,520 Level Course Hubs (bluetops) Taxiway P (incl. T/W D) (5-point) 3m 18 $210 $3,780 Gravel Runway (3-point) 3m 12 $210 $2,520 Structures drainage structures 2m 8 $155 $1,240 elec. structures 2m 24 $155 $3,720 Markings 2m 8 $155 $1,240 Office Time Overview LS 20 $80 $1,600 crew management, calc's. PC 60 $90 $5,400 TOTAL $57,395 McLane CONSULTINO ap=p Laboratory Fee Schedule(effective 02/01/94) LABORATORY & FIELD TEST METHO 5 FOR SOILS PRICE APPLICABLE TEST DESCRIPTION UNPT CODE STANDARDS PRICE U1 ASTM C-I36 Combined Coarse and Fine Sieve S 70.00 D-1140 Analysis, washed C-117 U11 ASTM C-128 Specific Gravity & Absorption $165.00 U12 ASTM D-4318 (Fine Aggregate) Liquid Limit. Plastic Limit. S 70.0o AASHTO T90.81 Plasticity Index U13 ASTM D-2974 Organic Content of Soil by Loss on S 60.00 U14 ATM T-13 Ignition Degradation of Aggregates $210 00 U15 U16 Brass Liner, Unit Weight S 20.00 UIO Aggregate, Ultit Weight S 40.00 Complete Sieve Analysis S 105.00 U101 Washed O/T U102 Speck Gravity. Fine Agg., O/T S247 50 U2 ASTM D-322 Atterburg Limits Orr Coarse Sieve Analysis. unwashed $105 00 U20 U3 Sieve Analysis, unwashed - Orr S 47.00 S 70.50 U35 ATM T4 Fracture count, plus #4 sieve S 3U.00 U350 CompactiorL Standard .0 0 S265$265$397.0 U38 Compaction, Standard - O/T U380 Field Compaction Test, 1st Test S 57.00 U39 Field Compaction Test 0/T S 85.50 U390 Field Compaction - Additional S 34.00 U30 Field Compaction - Orr S 5100 U4 Fracture Count, plus 04 Sieve, Orr S 45.00 ATM T-4 Fracture Count, phis #10 Sieve S 40.00 USO Material U5 ASTNI D-422 Fracture Count, plus 010 Sieve, O/T S 6000 U6 ASTM D422 Hydrometer (3u m3n. frost class.) S 70.00 U7 Hydrometer (full 24 hr. readings) S 85.U0 ASTM D-2487 Visual Soil Class., Sample Grouping, S 20.00 D-2498 Moisture Content, Dry Strength D-2216 U70 U8 ASTM D 2216 Visual Class - O/T $ 30.00 U9 ASTM C-127 Moisten: Content only Specific Gravity do Absorption S 20.00 U90 (Coarse Aggregate) S 70.00 Specific Gravity, Coarse Agg.. 01T $105.00 TOTAL P . m MAY-29-1G97 14r43 %i P.01 McLane CONSULTING ORQUp Laboratory Fee Schedule(effectiw 02/01/94) ASPHALT QUALITY CONTROL PRICE ABPI-ICABLE TEST DESCRIPTION UNIT CODE STANDARDS PRICE UA1 ASTM D-1559 Bituminous mix design by Marshal 5518.75 Method UA15 ASTM D-4125 Bitumen Content. Nuclear Gauge $125.00 with Gradation UA 16 Troxkr 3241-C Bitumen Calibration $280.00 UA17 Bitumen Content Only $110.00 UA2 -Bitumen Content, Centrifuge Extract $175.00 UA20 Bitumen Content, Centrifuge Extract. OIT $262.50 UA3 Bitumen Content, Reflux Extraction $173.00 UA4 ASTM D-1559 Marshal Maximum Density, Stability $170.00 Flow & Voids (3 lab compacted spec.) UA5 ATM T.14 Coating dt Stripping of Bitumen $11U.0U Aggregate Mixtures UA6 ASTM D-3549 Thickness & Density of Compacted $ 70.00 Bituminous Pavement by coring Method(add'l., tests, same trip) UA7 ASTM 0-2930 Asphalt Field Densities. Nuclear S 57.W UA7A Additional Tests, same tnp S 34.00 UA9 Thickness Bit. Pavement, coring $ 16.00 MAY-29-19W 14:40 P.01 MCLANE CONSULTING GROUP Laboratory Fee Schedule )effective 211l94) CONCFETE QUALITY CONTROL PRICE APPLICABLE TEST DESCRIPTION UNIT CODE STANDARDS PRICE UC1 ASTM C-31 3 Cylinders, $75.00 C-143 1 Slump, 1 Air Content C-173 UC10 3 Cylinders, 1 Slump $112.SO 1 Air Content - OIT UC2 ASTM C-31 Cast 3 Cylinders only $55.00 UC3 ASTM C-143 Additional Slump Test $20.00 UC4 ASTM C-173 Additional Air Content $25.00 UC5 ASTM C-31 Extra Control Cylinders $20.00 UC50 Extra Control Cylinders - OrT $30.00 UC6 ASTM C-138 Field Yield or Unit Weight $25.00 UC7 ASTM C-39 Cure & Test Compressive Strength $25.00 of cylinders, Cubes, Prisms or Cares UC70 Cure & Break Cylinders - OIT $37.50 UC8 ASTM C-42 Concrete coring (in addition to $15.00 technician time) UC9 ASTM Various Concrete Mix Design (billed on Time & Materials unit price combined) Laboratory hours are 8:00 am to 5:00 p.m. Monday through Frlday. Overtime testing, field or laboratory tests performed outside regular hours or on weekends will be billed at 1.5 times the regular rate, additional test methods not listed in this fee schedule will be billed on a Time and Materials basis. Laboratory rates include travel with a ten (10) mile radius of McLane and Associates lab located at Mile 3.5 of Kenai Spur Highway. Travel time for the engineering technicians will be charged for testing performed beyond this radius. See page 1 for these hourly rates. Transportation ana subsistence white away from Kenai when not provided by the client, are billed at the actual cost plus 0 0%) overhead. The personnel rates are in accordance with the Department of labor requirements as per AS 36.05.010 and 36.05.030. The rates include insurance coverage with limits of General Liability to $500,000.00 and Professional Liability to $250,000.00. Certificates of Insurance are provided upon request. TOTAL P.02 MAY-29-1997 14:41 ?6% R.02 Suggested by: council CITY OF KENAI RESOLUTION NO. 97-44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE ALASKA STATEHOOD ACT AND ITS 90-10 PROVISIONS REGARDING OIL ROYALTIES. WHEREAS, the United States Congress in the passage of the Alaska Nation Interest Lands Conservation Act (ANILCA), reserved the right to permit further oil and gas exploration, development, and production within the coastal plain of ANWR; and, WHEREAS. Alaska is entitled to receive 90 percent of the oil and gas royalties in ANWR, as well as on other federal oil and gas leases in accordance with the Alaska Statehood Compact provisions of the Alaska Statehood Act; and, WHEREAS, Congress is considering bills reducing Alaska's 90 percent constitutional share of federal oil and gas royalties in violation of the Alaska Statehood Act; and, WHEREAS, Congress cannot enact legislation in conflict with the Compact provisions of the Alaska Statehood Act, unless there is an amendment to the Constitution of the State of Alaska; and, WHEREAS, any changes to the Alaska Statehood Act can only be made by the people of the State of Alaska within its rural/urban election districts through a referendum vote and not by the Alaska State Legislature. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, that citizens of the City of Kenai encourage our Congressional Delegation, Governor, and other elected state officials to support the Compact provisions of the Alaska Statehood Act and the Alaska State Constitution and if any legislation is passed by Congress to reduce Alaska's share of oil and gas revenue guaranteed to its citizens by the Statehood Act, that such legislation include specific provisions that it must be approved by a vote of the people of the State of Alaska. BE IT FURTHER RESOLVED that copies of this resolution shall be sent to U.S. Senators Ted Stevens and Frank Murkowski and U.S. Representative Don Young; Alaska Governor Tony Knowles; Robert C. Bundy, Alaska Attorney General; John Shively, Commissioner, Alaska Department of Natural Resources; Speaker of the House Gail Phillips; Senate President Drue Pearce; and to all other members of the Alaska State Legislature. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of June, 1997. a/V �.I�i Carol L. Freas, City Clerk John J. Williams, Mayor COUNCIL ON AGING Juuelo la AM Agenda Approval Minutes from Prior Meeting Old Business 1. United Way Grant Award 2. Kenai Peninsula Borough Funding 3. Alaska Commission on Aging Funding 4. Meal Price / Visiting Seniors -Adult New Business 1. Rose of the Week 2. Report of Conference 3. Donor Program/Funding 4. Home Meal Monitor 5. Program with Kenai Native Elders 6. Discussion of Directors transition T. Parade/Fourth of July Person Wanting to be Heard COUNCIL ON AGING JUNE 10, 1997 ***MINUTES*** Members present: Joyce Billings, Georgetta Funk, Al Pease, Roger Meeks, Peggy Arness, Joanna Hollier Members absent: Sam Huddleston, Arlene Enfield, Betty Nelson Others present: Councilwoman Swarner, Senior Center Director Pat Porter, Administrative Assistant Marilyn Kebschull Roger Meeks called meeting to order at 10:05 a.m. Meeks asked if minutes needed to be read. Porter advised everyone should have received a copy of the minutes. HOLLIER MOVED TO APPROVE MINUTES. MOTION SECONDED BY PEGGY ARNESS. MINUTES APPROVED. OLD BUSINESS: 1. United Way Grant Award: Porter advised the grant review was good but was decreased by almost $2000 due to revenue sources. Porter stated they did quite well with the grant. 2. Kenai Peninsula Borough Funding: Porter advised they received the same as last year, a little over $60,000 which is awarded according to the number of elderly in the service district. Porter advised she will be writing thank you letters to the Borough and the United Way thanking them for their funding. 3. Alaska Commission on Aging Funding: Porter advised they meet next week in Anchorage. Porter stated that they expect to receive the same funding as last year because they are on a two year grant cycle. This would be about $118,000. Porter noted that next year, in March or April, they will have to write a new grant and at that point Porter advised they don't know what they will do. Porter advised she will try to put a budget together so that a novice can understand it. Porter advised that moneys received from all the agencies have guidelines on what they can Council on Aging Minutes Page 2 June 10, 1997 spend the funds on. Porter stated she will put together a form for their review. Porter noted they will hold a meeting to review the budget. Porter advised that they advertise the meeting noting that Meeks was the only one who attended last year. 4. Meal Price: Porter noted this had been discussed at the last meeting and the Council had wanted it brought back up. Porter noted this was at Betty Nelson's request. Hollier stated she knew that Nelson thought $7 was too high. Porter stated that she didn't know how they felt about visiting seniors but added that according to the Commission on Aging that they have to have a set, different price for visiting seniors and visiting others. Porter noted that a visiting senior from other areas can eat for free adding it is a suggested price. Swarner commented Nelson's concern was that her sister will be visiting. Hollier commented that was true and that Nelson's concern was that for $7 for each visitor and $3 for herself she could cook at home. Porter explained that the state was coming from the fact that the Ninilchik center had placed signs at campgrounds to encourage visitors to come to eat. Swarner how seniors get around feeling guilty if they don't pay. Arness asked how many people don't come because of the fee. Arness asked about the visitors. Porter stated a lot of visitors don't pay more than the $3.00. Hollier stated she could understand but added if they put the fee at $7, they feel they should pay. Porter stated that most centers charge non -seniors $5. Hollier commented she felt that $5 was fair. Porter commented she liked the $7. Group discussion about what it costs to eat in town. Porter stated the point is that they can go to town and eat adding that the center is not a place for non -seniors just to come to eat. Meeks commented that at the center drinks and dessert is included with the meal which doesn't happen in town. Porter asked about going back to $5 for visiting seniors. Meeks commented that they have never questioned people's incomes at the center. Pease stated they needed to watch noting that they are getting money from local sources to compensate the difference between the cost and the $3 they charge. Pease stated that is why Ninilchik got in trouble. Arness asked what Ninilchik does now. Pease stated the regular people buy their tickets early before the tourist arrive. After the tourist arrive, all ticket prices are Council on Aging Minutes Page 3 June 10, 1997 raised. Arness asked the price. Pease stated $5 is the minimum price. Pease noted they were going broke every summer. Porter commented that the state felt that the tourists don't contribute to the centers in any way. Porter noted it is a suggested contribution, they cannot charge a senior. Pease commented that Seward is completely different. Pease noted they have a different price for out of the area people and they are treated like a tourist. Billings asked originally why they increased the price. Porter explained that it was the reduction in funds received. For example, the Commission on Aging used to provide $158,000 and now it is $118,000. Porter explained that there is always a fluctuation in funding. Pease noted there is no compensation for the cost of food adding the state doesn't provide more funds to compensate for increased costs. Porter agreed that as all costs increase, the state doesn't provide more funds. Porter asked if they want to change it, leave it the same, etc. Meeks asked for suggestions. Hollier noted it is $7 and $3 now. Arness clarified $7 for anyone not from this center. Swarner noted that Council approves any changes in prices. Pease commented he felt it should be left as it is a suggested contribution. Arness asked if they had tried it at $3 and $5. Pease noted that even at $5 it doesn't cover the cost. Porter stated they could have three amounts, seniors, visiting seniors, and non -seniors. Swarner noted that no motion would leave it the same. Pease suggested leaving it as it is. Meeks asked if anyone objected. None noted. NEW BUSINESS: 1. Rose of the Week: Porter advised this is her idea adding she is willing to pay for the rose. Porter explained that seniors would put a name in a box stating why they want the person recognized. Porter explained they could draw once a week and they would have 52 winners a year and a person could only win once a year. Porter noted this would be a small way to recognize individuals for what they do for the center. Porter noted that everyone likes to be recognized. Porter added she didn't want this to cost the center anything and she would pay for it. Meeks asked if they have 52 deserving people. Porter advised that last year when she was writing the United Way grant they counted up 101 people who had volunteered. Billings noted the Council on Aging Page 4 Minutes June 10, 1997 volunteer's dinner which recognizes the volunteers. Arness advised she felt staff should be allowed to nominate people. Porter stated that would be fine but would like seniors involved. Funk asked who would be in charge. Porter advised it would just be a drawing. Porter advised staff would keep track of the program on a computer. Porter noted the nominations would require a reason and not just a name. HOLLIER MOVED TO ADOPT THE ROSE OF THE WEEK PROGRAM. FUNK SECONDED THE MOTION. UNANIMOUS. 2, 3, & 4. Report of Conference/Donor Program/Funding/Home Meal Monitor: Porter stated the conference was held outside of Portland for programs that have meal programs. Porter stated it was wonderful and small with only about 180 people attending. Porter advised there is a change that needs to be made as soon as the funding is determined. Porter explained this is keeping closer contact of the home deliveries. Porter advised they need to weigh the people, see if they have problems with chewing, etc. or find out what may be wrong. Porter stated they need a staff person to do this. Hollier asked if that was what Dorothy did. Porter stated no. Porter advised the state is requiring an extensive evaluation and they don't have the staff for it; this includes things like can they brush their teeth, take care of themselves, etc. Hollier asked if Home Health Care did that. Porter advised they deliver meals to a lot of people who don't get Home Health Care. Porter suggested the Council members come and ride with the home delivery bus. Porter advised they don't receive any referrals from doctors even after she wrote a letter a year and a half ago. Porter stated they are writing another letter and this time sending a complementary meal ticket. Porter stated she also went to training on fund raising. They were told they had to get past the bake sales, garage sales, etc. They were told they have to go out for big donations. Porter advised she is planning on making a major staff change for ten hours a week to go out and begin to make contacts for donations. Porter noted this will be the activity person. Porter noted she nor Kelly have the time to do this. Meeks asked if Porter had discussed this with the activity person. Porter advised as part of her evaluation she had been asked for three goals and she had included this as part of one of her goals. Porter noted that Mr. Ross had liked this idea. Council on Aging Page 5 Minutes June 10, 1997 5. Program with Kenai Native Elders: Porter advised that the state has wanted the center to have more involvement with the native elders. Porter advised they have been resistant to involvement with the center. Porter advised they don't have a problem with the natives who come to the center. Porter noted she had called Bonnie Juliussen advising she wanted to get together with her and had gotten no response so she wrote a letter and cc'd her boss. She then called. Porter advised there is a meeting today at 1 p.m. and Meeks, as Council president, has been advised to attend. Arness asked which group this was. Porter advised it is the Kenai Native Association. Porter advised they will continue to try to work toward a program with the native elders. 6. Discussion of Directors transition: Porter advised she wanted to share what she plans to do within the next couple of years. Porter stated it is her goal to retire in the next couple of years. Porter advised to do this and not leave a hole it will be necessary to take less a role at the center and allow Kelly to take a larger role. Porter noted that seniors don't take change well and she would like the transition to go smoothly. Porter stated it is her goal to back off and to begin to allow Kelly to do more. Porter advised that she doesn't know if Kelly will be hired because the city doesn't work like that. The decision will be left up to the city manager. Porter added that she feels that the manager will want to use someone who is trained noting it takes a long time to train someone. Porter advised she will be taking more vacations. Porter advised she had purchased a Chamber membership for Kelly and she will be attending Chamber meetings. Porter advised she will be going to the meeting in Anchorage only to introduce Kelly. Porter reiterated she wanted the council to know why she will be gone more. Arness advised she felt this was a smart idea. Meeks commented that no matter how much training takes place that they will miss Porter. Porter noted she loves her job adding she has been here over 20 years. Group discussion about how the transition would take place when Porter leaves. 7. Parade/Fourth of July Porter advised she needs volunteers. Porter advised they will do the booth and at the same time they will have the salmon bake. Porter advised she will oversee the salmon bake and Kelly will take care of the Fourth of July events. Swarner asked if this is a fund raiser or if they want to do this. Porter advised she had debated whether or not they should do it but noted Council on Aging Minutes Page 6 June 10, 1997 that the general public is used to the events. Porter advised it could create negative p.r. Porter explained how they will freeze pies in advance adding they have had a trial run with frozen pies. Arness asked about the salmon bake. Porter advised they have had the bakes for the caravans in the past. Porter added that this year they will only have one which will be here on the Fourth of July. 8. Light Parade: Porter asked if they wanted to be involved in the parade. Meeks asked when. Porter advised it is close to Christmas and Arness noted it was around Thanksgiving. Hollier advised it was wonderful. Porter advised they could discuss it at the next meeting. PERSON WANTING TO BE HEARD: Meeting adjourned at approximately 11 a.m. Re ectful submitted: h M ril Kebschull Administrative Assistant KENAI AIRPORT COMMISSION Kenai City Council Chambers Chairman Tom Thibodeau June 12,1997 at 7 p.m. ***AGENDA*** 1. CALL TO ORDER AND ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES May 8, 1997 4. PERSONS SCHEDULED TO BE HEARD 5. PUBLIC HEARING a. Kenai Municipal Airport Master Plan —Aries Consultants 6. OLD BUSINESS 7. NEW BUSINESS 8. AIRPORT MANAGER'S REPORT a. Update on Projects *Vending Machines *ARFTF *Taxiway C *Crack Sealing 9. COMMISSIONER COMMENTS AND QUESTIONS 10. PERSONS NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Kenai City Council Agenda (6/4/97) 12. ADJOURNMENT KENAI AIRPORT COMMISSION Kenai City Council Chambers Chairman Tom Thibodeau June 12,1997 at 7 p.m. ***MINUTES*** 1. CALL TO ORDER AND ROLL CALL Members present: Tom Thibodeau, Henry Knackstedt, Barbara Edwards, Sandra Hudson (arrived at 7:15 p.m.) Members absent: Bonnie Koerber, Ron Holloway, James Bielefeld Others present: Airport Manager Randy Ernst, Administrative Assistant Marilyn Kebschull, City Engineer Jack La Shot, Keith Holland (Airport Operations), Aries Consultants, David Bush of Dynatest Consulting, Phil Bryson of Wince, Corthell, Bryson When roll taken, quorum not present. Decision to proceed with Aries presentation. Commissioner Hudson arrived at 7:15 and after presentation, Commission returned to agenda. 2. APPROVAL OF AGENDA KNACKSTEDT MOVED TO APPROVE AGENDA. MOTION SECONDED BY EDWARDS. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINIJTES May 8, 1997 EDWARDS MOVED TO APPROVE MINUTES OF MAY 8, 1997. MOTION SECONDED BY KNACKSTEDT. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PERSONS SCHEDULED TO BE HEARD 5. PUBLIC HEARING a. Kenai Municipal Airport Master Plan —Aries Consultants John Sanders of Aries introduced himself and explained the they would be giving a brief summary of the master plan. Sanders stated he would present the proposed master plan. Freddie Comperchio would discuss phasing and financial aspects of the plan. Phil Bryson will provide an overview of the initial phase work. Dave Bush of Dynatest Consulting will discuss the pavement programs. Sanders stated then he would discuss the environmental portions and other related documents. Then, Sanders stated they would appreciate comments and questions. Sanders stated that if they could not answer the questions tonight, they would get back with an Airport Commission Page 2 Minutes June 12, 1997 answer. Sanders stated he understands there will be another meeting next month if any need to follow-up or any additional information needs to be provided for that meeting. Sanders advised one of the first things they do is forecast activity for 20 years. Sanders stated that for passengers showing growth from 130,000 enplanements to increase to 170,000 over the 20 years. Aircraft operations 78,000 estimated during hours that control tower open (6 a.m. and 10 p.m.) and at nighttime they made a special survey. Sanders stated they are forecasting operations to increase from 85,000 to 105,000 for 24 hour day. Based aircraft, aircraft physically located here, from 101,000 to 120,000 over the 20 years. Sanders advised they prepared several alternatives that were reviewed with the commission at meetings like this. As a result of those meetings and comments received, Sanders stated they came up with a recommended plan that has been refined. Sanders shared an overhead. Sanders stated the key features of the plan are to acquire 40 acres at the north end for a runway protection zone to serve future extension by 600 feet north. Sanders stated that with the 600 foot extension to the north, there would be a 200 foot extension to the north at the south end that would bring the runway protection zone shown in red. Sanders stated 2 acres south of Spur Highway they recommend that an easement be obtained over the area. The future runway would be 8000 feet long instead of the present 7,500 feet. The float pond which is now 3500 now recommending extending 500 feet to the north and 500 feet to the south and widen it and provide separate water channel on the west side and more slips in southwest comer. Sanders noted this was a smaller float pond than was included in the previous plan. The grass strip has some operational problems with aircraft on the grass strip and other aircraft using taxiways to the south and north. Sanders stated they are recommending a new gravel ski strip be built on northeast side that would be 2000 feet long. Sanders then discussed the terminal area. Sanders stated they are proposing moving the end of the runway 200 feet to north so the runway safety area (an area 1000 feet off the runway, will be clear of cemetery to the south. Sanders (pointing to the overhead) recommended retaining this area for commercial/general aviation area. They are proposing a wash rack on general aviation apron. Recommending extension of the transient aircraft parking to the south and development of additional lots between the apron and Willow. Sanders stated the passenger terminal is capable of accommodating the 20 year needs. Sanders state they show where they can accommodate 6 commuter type aircraft and assume the same type of service as now but with larger aircraft over time. The apron will be widened to allow larger aircraft to taxi. Sanders stated they are proposing additional auto parking across Willow and to south to address the shortage of spaces they foresee at the end of the 20 year period. Sanders stated the area to the north will be retained for more cargo activity and lease lots. Beyond the FAA tower, the city proposing a maintenance facility and a new crash fire facility with access to the airfield. They are recommending more lease lots be developed to the north as needed with access to the airfield on the west side and to Willow on the east side. Sanders stated they are Airport Commission Page 3 Minutes June 12, 1997 showing that over time more lease lots can be developed to the no as needed. Sanders stated they are showing the Alaska Regional Fire Training Facility on a ten acre site with access off Marathon. Sanders stated these are improvements over the 20 year period. Sanders stated it was then converted into 5, 10, and 20 year phasing plan. Sanders stated that based on comments received at the last meeting they revised some of the items and some of the dollars and included costs for pavement overlays. Freddie Comperchio, Aries—Comperchio stated she would like to go over the Phase 1 projects, those expected to be implemented in 5 years, shown in red on the overhead. Comperchio noted that some of the projects are in various stages of implementation, including the extension of the parallel taxiway, and the new grass strip and access road. Also the development of the ARFT facility. Comperchio stated that they are recommending acquiring the property at north about 40 acres and to acquire the avigation easements on the two acres on the south for the runway protection zone. Comperchio stated they recommend the removal of two city 12,000 gallon fuel tanks next to terminal. FAA has stated they will not extend deadline for removing city should implement as soon as possible. Comperchio stated that in redefining the capital improvement program based on the master plan, they have identified $3.4 million dollars in cost for the city over the initial 5 years. A little over $3 million is for the ARFT facility. Comperchio stated they looked at the combined special revenue fund and enterprise fund to see if the operating revenues and expenses would meet the requirements to implement the capital improvement program over the first five years. Historically the city has received around $700,000 year in operating revenues and expenses surplus over the past three year period. Over the next five years looking at more like $35,000 a year based on adjustments to one of the enterprise funds and money is being shifted to implemented the ARFT facility. Comperchio stated that one of the things that FAA is very concerned about, not directed at Kenai, but say if they would like to spend so many millions of dollars thev would like to know that the city has been able to identify the matching share of funds. They looked at sources of funds the city could reasonably expect to get. One was the annual entitlements which average about $500,000 annually. There was more in the past because of enplanements. Conceivably, your entitlement funds with a minimum of $500,000 a year could give you $2.5 over five years. Comperchio stated that will be coming out of the FAA airport improvement funds program. Comperchio noted that in the early 90's that program was funded to the tune of $2.4 or $2.6 billion dollars a year. Last year cut by congress to $1.6 billion and Clinton has asked for a $1 billion fund next year which says AIP funds are not as dependable and some question of receiving entitlement funds going into the next five year period. Possibility exists that those funds might not be available or be available at a reduced level. Comperchio stated they looked at passenger facility charges and there is a maximum of $3 per Airport Commission Page 4 Minutes June 12, 1997 enplane passenger that the City of Kenai could charge. The money is put into a fund that goes towards eligible projects at the Kenai Municipal Airport. Comperchio stated looked at four years could be a possible $1.7 million. Comperchio stated it takes time to put together a program that FAA will certify. Comperchio stated these are more guaranteed as long as you have passengers so something that the city may want to consider. They also checked on State grants which you have gotten in the past which funded a 50 percent of the matching federal share. Those are approved by the legislature for municipal airports. They have been allowed to lapse in the past and Comperchio stated it was her understanding that the recent legislature hasn't approved but money available to match through FY98. Comperchio stated they didn't look at those as a solid source of funds in the future. Comperchio stated they looked at and made recommendations that might be of interest for the city to consider at this time because of the uncertainty of the AIP funds and where the airport is. They suggest an annual traffic and earnings report which tracks passengers, operations, and activities and ties those activities into revenue generating and expenses. A lot of bigger air carrier airports use them because you can look at them annually and notice problems. They are recommending the city consider doing this to plan on annual basis. Also recommended preparing a strategic business plan for the airport. Comperchio stated there are a lot of properties available for lease, some of properties can be sold and those funds go into a special revenue account where you never touch the revenue but use the interest. If you lease properties, you will increase funds. Comperchio stated there are enough properties out there to benefit the city. The other recommendation is that the city consider a lease review and evaluation of existing leases and set future guidelines for leasing airport properties for rates and charges. Phil Bryson —Advised they recently bid a portion of the phase one facilities and next Wednesday council will award to the responsive apparent low bidder. The work will be an extension of Taxiway C to the north to be renamed Taxiway P. The road which is presently Taxiway C will stay C. The new access at the end of main runway will become Taxiway D. Bids have been opened on construction of the gravel runway 119. This will have a crushed rock surface and the adjacent apron parking for airplanes. Bryson stated there will be an adjacent access road from the end of Willow Street. The borrow and waste from the site will come off the airport property from the infield from the proposed Taxiway P. The existing sand stock pile for airport maintenance will be relocated to this area. Bryson stated that is something FAA will approve with the construction project. Dave Bush of Dynatest—Bush advised they had been asked to evaluate the pavement and test it and come up with a maintenance strategy or rehabilitation to meet the existing or forecasted operations. Bush stated they used a few different approaches. Bush explained they use a piece of equipment called a FWD which is a trailer with a weight mounted that drops onto a plate Airport Commission Page 5 Minutes June 12, 1997 which simulates a wheel onto pavement. This can determine the strength of each pavement layer. The information is put into software using an engineering formula which has been worked on for years and also use the old FAA empirical design. Bush stated they compared those and also did a PCI survey (Pavement Conditioning Index) developed by the Army. Bush stated they go out and visually assess and rate it and deduct points for certain stress such as cracking. Bush explained the results of these evaluations is that for the forecasted traffic, the first 5200 feet needs a 2 inch overlay to meet the structural capacity for the forecasted traffic. From 5200 to 7200 would be a surface treatment which could be a seal or an overlay. This would be nominal and less than .5 inches. Bush stated they suggest a nominal overlay. Taxiway A and B need approximately 1.5 inches to meet the structural capacity. Taxiway P needs two inches and Taxiway J needs 2 inches. The biggest concern is the apron. Bush stated it is under - designed quite a bit in certain locations for forecasted traffic. Bush stated that in the master plan the first 250 feet is considered the general aviation apron. Bush stated this is addressed in the master plan and not a concern. The 250 to 1700 feet 2 inches, and four inches on the end which was is also addressed in the plan and will be addressed when widened at Phase 2. Bush stated the condition index shows that the pavement is in generally good condition visually. Bush noted when tested it shows not as in as good of condition as it looks. They would make a recommendation to council that this has been combined into a database for the micropaver and would suggest that you can purchase it for an additional $300 a year. With a weeks training, Bush stated the city would have all they would need to run it. Bush stated that all of the square footage of asphalt can be recorded and would have a good way to perform estimates such as from a seal to an asphalt. John Sanders stated he would talk briefly about some of the environmental analysis which were prepared as part of the project. Sanders stated the impacts over the 20 years, Chapter 7, was added to report. Sanders noted there has been action on a couple of separate environmental assessments. The FAA issued finding of no significant impact on those projects (Taxiway and gravel strip improvements and the ARFT project). Sanders noted Mr. Christian's concern over noise adding it is always an environmental concern with airports. Sanders stated they looked at the noise situation for two periods. The 1995 contours based on the average daily aircraft operations for 24 hours. Sanders explained how they had included the night time operations because they get a penalty in developing noise contours because more sensitive to people living around an airport. Sanders explained that the FAA uses the 65 contour generally considered to be the noise level considered compatible with residential development. Below 65, all uses are considered compatible. Sanders explaining looking at the noise contours in Kenai, they go off at the north end a little with 65 and at southwest corner there are five residential lots that are within the 65 but only Airport Commission Page 6 Minutes June 12, 1997 one occupied. Sanders stated that the noise contours not only depict operations but depict flight paths flown by the fixed wing aircraft using whichever runway. Sanders noted they had extensive discussions to get an agreement on the contours for the flight tracks. For the 20 year plan similar contours were developed. In this case, the number of residential units impacted at the southwest corner went from 5 to 4 but again only one residence occupied. Sanders explained by extending the runway and moving the grass strip it reduces over flights over the city area. Sanders stated there is very small noise impact beyond the aircraft properties. Sanders stated they also looked at the wetlands area. In 1988 the Corps of Engineers and FAA looked the area around the airport and reduced the impact of area and noted no high or medium value wetlands just low value, primarily to the north. Hudson asked Sanders to explain the recommendation for the runway length. Sanders explained in looking at different aircraft and activity that use the airport, the existing length of 7500 feet is adequate for activity at present. One of potential use or use from time to time are diversions. Sanders stated that based on information received to accommodate most of the air carriers need 8000 feet to accommodate up to a 747. Sanders stated that was one reason they suggested to the 8000 length compared to the previous plan that recommended 10,500 feet. That was to compete for transpacific activity that Anchorage and Fairbanks are getting. Sanders explained that in the intervening years, both have increased their runway lengths adding they didn't see Kenai as competitive in that type of market. Sanders noted this is in Phase 3. Hudson stated that her research showed that 8000 feet was inadequate and was told they would use Elmendorf or Fairbanks adding that there is so much more needed to accommodate these flights. Sanders reiterated this is to be used as an alternate destination. Christian asked if they extend the runway further north does that mean that planes will be starting out closer to terminal. Sanders advised they would be starting their takeoff 200 feet further to the south end. Hudson stated that they did point out that people don't want larger aircraft. Sanders stated he meant larger commuter aircraft which is already happening. Sanders stated they are still talking about the propeller aircraft. Holland commented that some of the newer, larger commuter aircraft are quieter than smaller craft. Thibodeau commented on the aircraft increase shown in 20 years and stated he felt it was low. Thibodeau commented that they are increasing the parking area for aircraft and only planning Airport Commission Page 7 Minutes June 12, 1997 for 5 single engine aircraft and it doesn't seem accurate. Knackstedt commented on Figure 14 stating he would like to see a date on the figure. Sanders advised this is the new 1996 map. Knackstedt stated there are no high value wetlands and it is in the legend so perhaps remove it and add a footnote stating none. Sanders stated this is the Corps map and used for all airports. Knackstedt again commented it would be easier to read because of the hatch marks being so similar and if not needed feels it should be removed. Thibodeau noted the species of wildlife does not specify eagles. Hudson commented that she is still confused about extending the runway to facilitate the airport as an alternate and that the facilities being inadequate. Sanders reiterated it is in blue and proposed for in the last phase. Holland noted that is far enough down the timeline that it may be reevaluated before then. Christian voiced concern about cutting down trees that buffer the residents. Christian commented on the area being privately owned and that there is a plan is to develop. Christian stated he feels the city and airport should consider purchasing that area. Christian commented on a couple 737 takeoffs last week that took a right turn and went right over the buffer zone. Christian stated they were Air Force medivac planes training. Sanders stated someone may need to talk to the Air Force and Christian stated the point is they will get planes that do this in the future. Christian stated the property is very small now and will be less money than the city is paying for the animal control shelter and will alleviate future complaints. Christian commented that he lives in that subdivision and it needs that buffer zone. Ernst stated they will leave the comment period open for 30 days and bring it back to Airport Commission for final review and approval and then send it to council for their approval. 6. OLD BUSINESS 7. NEW BUSINESS 8. AIRPORT MANAGER'S REPORT a. Update on Projects *Vending Machines *ARFTF *Taxiwav C *Crack Sealing Airport Commission Page 8 Minutes June 12, 1997 Ernst advised they awarded the vending machine contract for 5 years for an additional $100 month to Vic Tyler, the same vender. The ARFT Center bids were opened today which is for phase one. Ernst noted this is for infrastructure for the facility and award will be determined by tomorrow. Ernst noted the actual awarding of the bid will be forwarded to council on the 18'. The bids for the taxiway project will be forwarded to council on the 18' for approval. Ernst advised that with respect to those two projects, he will be applying for grants for the hard dollar amounts. Ernst stated the inspection and management of the taxiway will amount to a little over $195,000. The overall project came in at about $1.5 million which is about $700,000 less than anticipated. Ernst stated those revenues will hopefully be rolled to ARFT project. Knackstedt asked what the bids were for the ARFT project. Ernst stated there is some discrepancy but right at the engineers estimate at $2.5 million. The FAA portion at this point stands at $1.8 million. With entitlements and the possible rollover of the $700,000, there should be enough to get first phase on and completed. Ernst explained the reason they have not done the second phase is they are pending the engineering of the building and hope to have those ready to bid by mid -July to award around the first of October which gives the city time to find out how FAA discretionary funds for FY98 will fall out. Ernst advised the crack sealing project includes repainting will hold off until the end of August because of fish hauls etc. and try to minimize the impact as it does require drastic closures. Ernst stated they have notified all users (23) of the pending project. Ernst stated they expect the impact to last a maximum 6 days and it will be graduated. The real impact of 50 percent will only be for a day or so. Ernst stated they don't anticipate an impact to traffic in doing Taxiway C. The only impact is when they get ready to join the taxiway to end of 19 and hopefully it can be done during time weather conducive to VFR traffic and can close it. Ernst noted it will impact it somewhat and this information included in the letter to users. Ernst reported enplanements for the month were as follows: Southcentral-1284; ERA-6962, and Yute 140. This was a total of 8,386 and that was 121 less than May of 1996 which was 8,507. 9. COMMISSIONER COMMENTS AND QUESTIONS Ernst thanked Aries and Mr. Bush for their presentation. 10. PERSONS NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS Airport Commission Minutes a. Kenai City Council Agenda (6/4/97) 12. ADJOURNMENT Meeting adjourned at approximately 8:22 p.m. ;Resctfull submitted: Marilyn Kebschull Administrative Assistant Page 9 June 12, 1997 KENAI HARBOR COMMISSION AGENDA June 9, 1997 Kenai City Hall 7:00 p.m. Chairman Will Jahrig I. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - May 12, 1997 4. PERSONS SCHEDULED TO BE HEARD None 5. OLD BUSINESS a. Dock Rate Schedule - Fuel Tax 6. NEW BUSINESS a. Special Use Permit for Snug Harbor Seafoods 7. INFORMATION None 8. COMMISSION COMMENTS & QUESTIONS a. City Council Agendas 9. ADJOURNMENT Harbor Commission ***Minutes*** June 9, 1997 - 7:00 p.m. City Council Chambers Chairman Tom Thompson 1. CALL TO ORDER AND ROLL CALL Members Present: Mike McCune, Tom Thompson, Ray McCubbins, George Spracher, Barry Eldridge, Will Jahrig (arrived at 7:15 p.m.) Members Absent: None Also Present: Keith Kornelis, Jim Bookey, Paul Dale, Debby Fahnholz 2. APPROVAL OF AGENDA Commissioner McCubbins MOVED to approve the agenda. Commissioner Spracher SECONDED the motion. Motion approved by unanimous consent. 3. APPROVAL OF MINUTES Commissioner Eldridge asked that under Old Business his statement should have referred to the commercial "fishing" time frame. Commissioner Eldridge MOVED to approve the minutes as written. Commissioner Spracher SECONDED the motion. The minutes were approved as amended by unanimous consent. 4. PERSONS SCHEDULED TO BE HEARD None. 5. OLD BUSINESS A. Dock Rate Schedule - Fuel Tax - Keith Kornelis stated that it was determined that the tax has to be added to the cost of the fuel but they give a receipt and the purchasers can then apply for a refund on their income tax forms. Harbor Commission June 9, 1997 Page 1 Kieth Kornelis also stated that a discount for purchasing over 2,000 or more gallons of diesel fuel was approved. Commissioner McCune asked where the city stands with the Corps of Engineers person. Keith Kornelis stated that he hasn't heard back from them yet. Councilman Bookey stated he discussed with the situation with Congressman Young and that he wasn't very satisfied with the Corps response. He reported that Young stated he is willing to discuss the problems with his aids and see what avenues are available through them if the Corps will give the city a permit to dredge. Councilman Bookey stated that the Council's recommendation to the Kenai River Management was unanimous to leave the lower Kenai out of the Management Plan. 6. NEW BUSINESS A. Special Use Permit for Snug Harbor Seafoods - Commissioner Thompson asked about the permissibility of the lease. Commissioner Eldridge asked why Snug Harbor didn't ask for an open determination. Councilman Bookey responded that they requested the special use permit to get a response for Snug Harbor and they also requested for an open determination. Commissioner Eldridge felt that $125 a month was not a realistic rent for the property. Councilman Bookey also felt it was not realistic. He stated that the figures were taken off of appraisals from a couple of local businesses. Commissioner Jahrig stated that it costs more than that just to put the pad in. Councilman Bookey stated that the request was for a two year lease and the city was not sure where to start. Paul Dale felt it was a fair value for the property. Commissioner Jahrig stated that it is a prime piece of improved property that is being leased at the rate of a raw unimproved lot. Councilman Bookey stated he also questioned the rate. Keith Kornelis stated he wrote a letter to Rick Ross and Carey Graves and asked about the different possibilities available. He stated it was decided to use a special use permit and they then drew up the lease based on the information supplied. Commissioner McCune stated that where he works they figure $2,000 a year for boat storage. Paul Dale stated that they charge $800 a year storage per boat. He stated that Harbor Commission June 9, 1997 Page 2 Northern Enterprises charges a little more. Councilman Bookey stated that he was concerned that the City has had to subsidize the dock in years past and felt it needs to be brought up to a more reasonable market value. Paul Dale stated that they did lease 5-1/2 acres at $733 a month. He stated he only had to minimal improvements on the property. Commissioner Jahrig felt the lease rate should be more like $300 a month. Paul Dale stated he was concerned about the size of the lot and was considering asking for additional seasonal leases in the winter months. He was unaware of Council's plans for long term development of the property. Commissioner Eldridge felt that since the dock operation is losing money they should get at least $250 a month and also felt the City should put in movable fencing to provide security and to promote the lease area in the winter months. Commissioner Jahrig agreed that winter usage should be promoted. Commissioner Jahrig MOVED to raise the fees to $250 a month. Commissioner McCune felt that since they are suggesting doubling the lease fee that it be made as a year lease only. Keith Kornelis stated that he felt the lease rate was too high. Commissioner Jabrig amended his motion to make the lease good from July 1 to March, 1998. Commissioner Eldridge felt that March was not a good time to expect someone to move their boats. Paul Dale stated that it is easiest to move the boat lot in July when the boats are in the water. Commissioner Eldridge suggested that the bid date could be March with the contract date to be July 1. The motion died due to lack of a second. Commissioner Jahrig MOVED to increase the monthly lease fee from $125 to $250 per month from July 1, 1997 to about July 1, 1998 with a contract time of bid or other means on or about March 31 for negotiating purposes. Commissioner Eldridge SECONDED the motion. The motion passed with a unanimous vote. Harbor Commission June 9, 1997 Page 3 7. INFORMATION None. 8. COMMISSIONER COMMENTS AND QUESTIONS Councilman Bookey stated that the budget was held in place as far as he knows. He also stated that the Commission needs to nominate a new vice chair. Commissioner McCubbins nominated Tom Thompson for the position of vice chair. Commissioner Eldridge SECONDED the motion. The motion passed with unanimous consent. 9. ADJOURNMENT The next meeting was scheduled for July 7. Commissioner McCubbins MOVED to adjourn. Commissioner Eldridge SECONDED the motion. The meeting was adjourned at 8:00 p.m. Respectfully submitted, Debby J. FaAnholz Harbor Commission June 9, 1997 Page 4 T_4 KENAI ADVISORY LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM June 3, 1997 @ 7:30 P.M. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: May 6, 1997 5. DIRECTOR'S REPORT 6. FRIENDS OF THE LIBRARY REPORT 7. OLD BUSINESS A. Reconsideration of Memo to Council B. No July Meeting --Approved 9. NEW BUSINESS A. Need Volunteers for Book Sale & Kenai River Festival 10. COMMISSIONER'S COMMENTS/QUESTIONS 11. INFORMATION A. Kenai City Council Agenda (5/7/97) B. Memo from City Clerk Freas dated 5/8/97 12. ADJOURNMENT Library Commission ***Minutes*** June 3, 1997 - 7:30 p.m. Kenai Library Activity Room Chairman Lorrene Forbes 1. CALL TO ORDER AND ROLL CALL Members Present: Janet Brown, Kathy Heus, Carol Brenckle, Vince O'Reilly, Lorrene Forbes, Janice Rodes, Elissa Fahnholz Members Absent: Bob Peters Also Present: Ethel Clausen, Emily DeForest, Debby Fahnholz 2. APPROVAL OF AGENDA Commissioner Forbes asked to add discussion of City's goals under New Business. Commissioner Brenckle stated that with Councilman Moore absent maybe it would be best to get a report at the next meeting. Commissioner Forbes asked Emily DeForest if the City was going to discuss the City's goals at their next meeting. Emily DeForest responded yes. It was agreed to discuss it under New Business. Commissioner Heus MOVED to approve the agenda as amended. Commissioner Rodes SECONDED the motion. Agenda approved by unanimous consent. 3. APPROVAL OF MINUTES Commissioner Rodes stated that Kreske should be spelled Kresge. Commissioner Hens MOVED to approve the minutes as corrected. Commissioner Brenckle SECONDED the motion. The minutes were approved by unanimous consent. 4. DIRECTOR'S REPORT Library Director DeForest stated that the summer reading program started yesterday. She Library Commission June 3, 1997 Page 1 stated that tomorrow night the City will be accepting the new budget. She did not expect any changes. She reported that the genealogy group is going well. She reported that there will be a reception held for Lyda Lanier on July 20th. Lyda was a resident of Kenai for many years and was a library volunteer. Emily DeForest reported that the April Sunday openings went very well. She reported that she would be on vacation from June 20th to July 18. 5. FRIENDS REPORT Commissioner Heus reminded the Commission that the book sale will be Thursday and Friday. She stated that Saturday and Sunday is the Kenai River Festival and the Friends are supposed to have a booth there. She reported that there will be another raffle and details will be forthcoming. The building fund has had several donations. She stated that the Friends would like to hold a reception for author Donna Peterson, but the publication date has been set back. She reported that there is now over $5,000 in the building fund so far. There have been additional donations that have not been added in yet. 6. PERSONS SCHEDULED TO BE HEARD None. 7. OLD BUSINESS A. Memo to Council Commissioner O'Reilly MOVED to approve the Memo to Council. Commissioner Brenckle SECONDED the motion. Commissioner O'Reilly felt the memo was well done. Commissioner Brenckle agreed. Commissioner Forbes stated that it shouldn't go too long before the Commission responded to the Council's suggestions. Commissioner Heus MOVED to approve the memo with the understanding that it go into the next packet for Council. Commissioner Brown SECONDED the motion. Commissioner Rodes suggested amending the motion to allow time to let Commissioner Peters and Councilman Moore a chance to review it. Commissioner Heus stated that Commission Peters was supportive of the memo and its purpose. The motion was unanimously approved. Library Commission June 3, 1997 Page 2 Emily DeForest stated that the City Clerk has been holding onto the study and asked if it should be included with the memo. Commissioner Heus stated that the study information is included as attachments to the memo. B. July Meeting - Commissioner Forbes stated that Council approved the Commission's request to skip their July meeting. 8. NEW BUSINESS A. Book Sale Volunteers - Commissioner Forbes stated that there are volunteers needed for the book sale. B. Kenai River Festival - Commissioner Forbes felt that one way the Commission could show support of the library was by working in the Friends booth. C. City Goals and Objectives - Emily DeForest stated that the Council will be discussing setting a work session tomorrow night to address Goals and Objectives. 9. COMMISSIONER COMMENTS/QUESTIONS Commissioner O'Reilly felt it was a good meeting and felt the Commission was treading water until a decision is made from Council on a direction for the library to go. Commissioner Heus was thankful for the July break and was looking forward to coming back refreshed in August. Emily DeForest stated the contract secretary position has gone out to bid. 10. ADJOURNMENT Commissioner Heus MOVED to adjourn. Commissioner Brown SECONDED the motion. The meeting was adjourned at 8:20 p.m. Respectfully submitted, Debby J. FWinholz Library Commission June 3, 1997 Page 3 Xenai Community _Pd a.zy A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 9%11 RM 283-4378 REPORT FOR THE MONTH OF MAY, 1997 Circulation Adult Juvenile Fiction 2153 570 Non -Fiction 2155 299 Periodicals 71 Kits Puzzles Phonodiscs Cassettes 4 2 17 140 Total printed materials .. 6734 Total circulation .. 7804 Easy Books 1077� 409 Videos Misc. 541 366- Additions Docs Adult Juvenile Easy Books AV Gifts 14 105 23 28 Purchases 177 7 17 -- Total Additions ... 371 `Y InterLibrary Loans Ordered Received Returned' Books 50 38 27 InterLibrary Loans by our library .. Books 29 Volunteers Number .. 23 Total hours .. 241 c . Income Fines and sale books $1,797.65 Donations/Lost books 292.55 Xerox 293.45 Miscellaneous 15.00 Total income for MAY, 1997 ....$2,398.65 XcnaC C01')2If2anitfy. 1.C1J'faty A PUBLIC LIBRARY IN SERVICE SINCE 1949 163•MAIN STREET LOOP KENAI, ALASKA 99811 (907) 283.4378 LIBRARY CARDS ISSUED MAY, 1997 KENAI 50 ANCHOR POINT 1 COOPER LANDING 1 CLAM GULCH 1 HOMER 1 KASILOF 2 NIKISKI 28 SOLDOTNA 17 STERLING 6 OTHER 41 TOTAL 148 LIBRARY PATRONAGE, MAY, 1997.... 6,974 Persons L ro L d .w J 1- r 0 0 - a0- OG1r m E ♦- r E f - �k zCa T* W o U T. 3 E E -- 6 (D S re Y > C 4 C Q L aroma s > 0 1 �9: 001 rru z a s m mnca�a m o. �� oD C �+ (U to L U BmT-+ m Y T. %D 9 If? -+ I- r cu IL cn «o w M J � T 0 .r Y • T r lu T co %DE TTNr OD T r [u 0 0 Y IL I Tf+lct�0 -+ .� C no i (u m L • U m amsccu m CNN -.D } Q E ,g xX�a x m05r S� o, Tmcn0 9 C -- a A 1 1 1 1 I r U r T - r- S9 Q.`- m«mG co m N aL� a 9- qT+ rM-d N . % cu 0 Y Q E T B CO m 11) ao n -- vi 1 Dj -� Rl r cu 0 OD co (U 00 Nm nr, m Ta cu n -� r .. - n s N d .+ OD I - V) r m - N 0% o in n cum _ aD in m m i w a•'- X m .. 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(U i• C` Er Z Z J O J J 3 3 > W > W xI- Z QZO W s Im0 a mcl LL J n(.IZ Z W J W N Z Z w I W►+W W 1- W - ,-d W xtcz00LL XXZa01L Z W I 2 w W I a --LLD I- Zr_ nUl¢J i-Z0U m a j z O Yww -O zoxw W F-O -+ZOIYXn> ZO1YXM> V M O 0 J x F � J Z.,Z0irXcn Z0 ��LU]> X it is MEMO June 2, 1997 To: Mayor John Williams and Council members From: Kenai Library Advisory Commission Re: Library Needs Assessment The members of the Advisory Library Commission wish to thank Mr. Ross, Mayor Williams, and members of the Council that attended the discussion session with the Library Commission members in February. As a result of that discussion, the library addition committee and the Library Commission members spent some hours re-evaluating the initial needs assessment for the library addition (see attached "Needs Assessment - 1996"). In reviewing the results of the study, various areas of use were re-evaluated. This was done due to the concerns voiced by the administration and council members regarding the cost and amount of space proposed in the original needs assessment. The following scenario attempts to address the Council's concerns regarding space and cost. Version A see attach Library usage areas were reviewed and prioritized with those areas identified with an "A" being most critically impacted. Only those areas identified with an "A" were used in computing expansion requirements. It should be noted these areas are all devoted to public use areas with no extra space added for employee work stations. The square footage would be 10,053. Version B see attach To accommodate present needs and additional aisle space between shelving the square footage would be 10,569. Version C (see attach) To achieve sufficient capacity for existing areas only (no allowance for growth or additional aisle space) the square footage would be 9,325. While the above scenario appears to address the Council's concerns, the Commission maintains that the original needs assessment of a 15,400 square foot addition is justified. It was calculated on a minimal growth rate, which may well be erased before an addition of any size is actually built. The Commission understand the Council's financial concerns and continue their commitment to work with the Council and administration to find a solution which will meet the needs of the community. Attachments: 4 Kenai Community Library Expansion Report LIBRARY NEEDS ASSESSMENT - 1996 Current Area to Achieve area to Widen .area to Provide Dedicated Sufficient Aisles from for Projected COLLECTIONS Area Capacity 40" to 48" 5 yr. Growth Adult Non-fiction Non-fiction Alaskan PART: Adult Literacy Geneology Adult Fiction Fiction McNaughton/rental Large Print Juvenile Fiction Non-fiction Easy Readers Special Collections Video Cassettes Paperback Audio Cassettes Records Puzzles Compact Disc Reference Alaska References Encyclopedias General Reference Periodicals Magazines & Newspapers, current Magazines & Newspapers, storage Public Use Areas Personal Use Terminals Typewriters Designated Computers Public Access Terminals Copy Center Reading Areas Study/Research !areas Activity Area Retail Services Circulation Desk Reference Desk Restrooms Staff Areas Head librarian's Office Employee Work Stations Employee Lounge General Storage Mechanical /Mai ntenance (Measurement in square feet) Total Area of Expansion Requested 1,191 397 199 605 1,201 225 225 56 171 452 15 0 0 0 0 48 0 0 0 0 2,136 712 356 1,084 2,152 148 37 23 70 130 12 12 3 9 24 210 210 53 160 423 210 210 53 160 423 552 828 60 487 1,375 30 30 0 20 50 72 0 0 24 24 24 12 0 12 24 16 0 0 0 0 24 8 0 8 16 0 30 0 10 40 46 23 9 26 58 108 36 0 0 36 216 72 36 110 218 258 0 0 0 0 300 0 0 0 0 170 170 0 340 510 51 0 0 0 0 84 0 0 0 0 72 72 0 0 72 39 0 0 0 0 315 550 0 0 550 180 845 0 0 845 700 0 0 0 0 0 200 0 0 200 210 210 0 0 210 88 0 0 0 0 170 808 0 0 808 420 0 0 0 0 623 312 0 0 312 384 0 0 0 0 350 350 0 0 350 145 0 0 0 0 TOTAL 10,503 adjustment for Unaccountable Space* 1,050 NET 11,553 Nonassignable Space** 3.847 GROSS 15,400 *The Holt method includes an adjustment factor of 10-151b for unaccountable space. We have used 10°c. **Includes ramps, entryways, stairs, duct shafts, corridors, walls, etc. and as yet unknown service space. Kenai Community Librar LIBRARY NEEDS Current Dedicated COLLECTIONS Area Adult Non-fiction Non-fiction (A) 1,191 Alaskana (A) 225 PART/Adult Literacy (C) 15 Geneology (C) 48 Adult Fiction Fiction (A) 2,136 McNaughtonirental (B) 148 Large Print (C) 12 Juvenile Fiction (A) 210 Non-fiction (A) 210 Easy Readers (B) 552 Special Collections Video Cassettes (B) 30 Paperback (C) 72 Audio Cassettes (B) 24 Records (C) 16 Pules (C) 24 Compact Disc (C) 0 Reference Alaska References (C) 46 Encyclopedias (C) 108 General Reference (C) 216 Periodicals Magazines & Newspapers, current (C) 258 Magazines & Newspapers, storage (C) 300 Public Use Areas Personal Use Terminals (B) 170 Typewriters (C) 51 Designated Computers (C) 84 Public Access Terminals (C) 72 Copy Center (C) 39 Reading Areas (A) 315 Study/Research areas (A) 180 Activity Area (C) 700 Retail Services (C) 0 Circulation Desk (B) 210 Reference Desk (C) 88 Restrooms (A) 170 Staff Areas Head Librarian's Office (C) 420 Employee Work Stations (13) 623 Employee Lounge (C) 384 General Storage (C) 350 Mechanical/Maintenance (C) 145 (Measurement in square feet) y Expansion Report (Version A*) ASSESSMENT - March 1997 Area to Achieve Area to Widen .-area to Provide Total Area of Sufficient Aisles from for Projected Expansion Capacity 40" to 48" 5 yr. Growth Requested 397 199 605 1,201 225 56 171 452 0 0 0 0 0 0 0 0 712 356 1,084 2,152 37 23 70 130 12 3 9 24 210 53 160 423 210 53 160 423 828 60 487 1,375 30 0 20 50 0 0 24 24 12 0 12 24 0 0 0 0 8 0 8 16 30 0 10 40 23 9 26 58 36 0 0 36 72 36 110 218 0 0 0 0 0 0 0 0 170 0 340 510 0 0 0 0 0 0 0 0 72 0 0 72 0 0 0 0 550 0 0 550 845 0 0 845 0 0 0 0 200 0 0 200 210 0 0 210 0 0 0 0 808 0 0 808 0 0 0 0 312 0 0 312 0 0 0 0 350 0 0 350 0 0 0 0 TOTAL 6,854 Adjustment for Nonassignable Space* 2,285 NET 9,139 Unaccountable Space** 914 GROSS 10,053 *Includes ramps, entryways, stairs, duct shafts, corridors, walls, etc. and as yet nonassigned service space. (Divide by .75) **The Holt method includes an adjustment factor of 10-15% for unaccountable space. We have used 10%. *Each usage area has been prioritized with a letter with "A" being most critical and "C" being least critical. Only items identified in Kenai Community Library Expansion Report (Version B*) LIBRARY NEEDS ASSESSMENT - March 1997 Current Area to Achieve Area to Widen Area to Provide Dedicated Sufficient Aisles from for Projected COLLECTIONS Area Capacity 40" to 48" 5 yr. Growth Adult Non-fiction Non-fiction (A) 1,191 Alaskana (A) 225 PART/Adult Literacy (C) 15 Geneology (C) 48 Adult Fiction Fiction (A) 2,136 McNaughtonirental (E3) 148 Large Print (C) 12 Juvenile Fiction (A) 210 Non-fiction (A) 210 Easy Readers (El) 552 Special Collections Video Cassettes (B) 30 Paperback (C) 72 Audio Cassettes (E1) 24 Records (C) 16 Puzzles (C) 24 Compact Disc (C) 0 Reference Alaska References (C) 46 Encyclopedias (C) 108 General Reference (C) 216 Periodicals Magazines & Newspapers, current (C) 258 Magazines & Newspapers, storage (C) 300 Public Use Areas Personal Use Terminals (El) 170 Typewriters (C) 51 Designated Computers (C) 84 Public Access Terminals (C) 72 Copy Center (C) 39 Reading Areas (A) 315 Study/Research Areas (A) 180 Activity Area (C) 700 Retail Services ( ) 0 Circulation Desk (E3) 210 Reference Desk (C) 88 Restrooms (A) 170 Staff Areas Head Librarians Office (C) 420 Employee Work Stations (El) 623 Employee Lounge (C) 384 General Storage (C) 350 Mechanical/Maintenance (C) 145 (Measurement in square feet) Total Area of Expansion Requested 397 199 605 1,201 225 56 171 452 0 0 0 0 0 0 0 0 712 356 1,084 2,152 37 23 70 130 12 3 9 24 210 53 160 423 210 53 160 423 828 60 487 1,375 30 0 20 50 0 0 24 24 12 0 12 24 0 0 0 0 8 0 8 16 30 0 10 40 23 9 26 58 36 0 0 36 72 36 110 218 0 0 0 0 0 0 0 0 170 0 340 510 0 0 0 0 0 0 0 0 72 0 0 72 0 0 0 0 550 0 0 550 845 0 0 845 0 0 0 0 200 0 0 200 210 0 0 210 0 0 0 0 808 0 0 808 0 0 0 0 312 0 0 312 0 0 0 0 350 0 0 350 0 0 0 0 (6,359) (848) TOTAL 7,207 Adjustment for Nonassignable Space* 2,402 NET 9,609 Unaccountable Space** 960 GROSS 10,569 *Includes ramps, entryways, stairs, duct shafts, corridors, walls, etc. and as yet nonassigned service space. (Divide by .75) **The Holt method includes an adjustment factor of 10-15% for unaccountable space. We have used 10%. *These calculations are based on square footages, indicated in bold-faced typed, of columns 2 and 3. Expansion would bring librar up f__ i._....:__ Kenai Community Library Expansion Report (Version C*) LIBRARY NEEDS ASSESSMENT - March 1997 Current Area to Achieve Area to Widen Area to Provide Dedicated Sufficient Aisles from for Projected COLLECTIONS Area Capacity 40" to 48" 5 yr. Growth Adult Non-fiction Non-fiction (A) 1,191 Alaskana (A) 225 PART/Adult Literacy (C) 15 Geneology (C) 48 Adult Fiction Fiction (A) 2,136 McNaughtonlrental (B) 148 Large Print (C) 12 Juvenile Fiction (A) 210 Non-fiction (A) 210 Easy Readers (B) 552 Special Collections Video Cassettes IB) 30 Paperback (C) 72 Audio Cassettes (B) 24 Records (C) 16 Puzzles (C) 24 Compact Disc (C) 0 Reference Alaska References (C) 46 Encyclopedias (C) 108 General Reference (C) 216 Periodicals Magazines & Newspapers, current (C) 258 Magazines & Newspapers, storage (C) 300 Public Use Areas Personal Use Terminals (B) 170 Typewriters (C) 51 Designated Computers (C) 84 Public Access Terminals (C) 72 Copy Center (C) 39 Reading Areas (A) 315 Study/Research Areas (A) 180 Activity Area (C) 700 Retail Services (C) 0 Circulation Desk (B) 210 Reference Desk (C) 88 Restrooms (A) 170 Staff Areas Head Librarian's Office (C) 420 Employee Work Stations (B) 623 Employee Lounge (C) 394 General Storage (C) 350 Mechanical/Maintenance (C) 145 (Measurement in square feet) Total Area of Expansion Requested 397 199 605 1,201 225 56 171 452 0 0 0 0 0 0 0 0 712 356 1,084 2,152 37 23 70 130 12 3 9 24 210 53 160 423 210 53 160 423 828 60 487 1,375 30 0 20 50 0 0 24 24 12 0 12 24 0 0 0 0 8 0 8 16 30 0 10 40 23 9 26 58 36 0 0 36 72 36 110 218 0 0 0 0 0 0 0 0 170 0 340 510 0 0 0 0 0 0 0 0 72 0 0 72 0 0 0 0 550 0 0 550 845 0 0 845 0 0 0 0 200 0 0 200 210 0 0 210 0 0 0 0 808 0 0 808 0 0 0 0 312 0 0 312 0 0 0 0 350 0 0 350 0 0 0 0 (6,359) TOTAL 6,359 Adjustment for Nonassignable Space* 2,119 NET 8,478 Unaccountable Space** 847 GROSS 9,325 *Includes ramps, entryways, stairs, duct shafts, corridors, walls, etc. and as yet nonassigned service space. (Divide by .75) **The Holt method includes an adjustment factor of 10-15% for unaccountable space. We have used 10%. *These calculations are based on square footages, indicated in bold-faced typed, of column 2. Expansion would bring library up to D-5 KENAI PARKS & RECREATION COMMISSION AGENDA June 5,1997 - 7:00 P.M. CITY HALL --COUNCIL CHAMBERS CHAIRMAN RICHARD HULTBERG 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: May 1, 1997 4. PERSONS SCHEDULED TO BE HEARD: 6. OLD BUSINESS: a. Cemetery Cleanup b. Batting Cage Proposal - Don Wright c. Handicap Accessible Picnic Proposal - Lyons Club 7. NEW BUSINESS: a. Municipal Park Cleanup b. Letters to the Editor (Vic Tyler and Cemetery Cleanup Groups) 8. DIRECTOR'S REPORT: a. Dip Net Update b. National Trails Day Program c. Summer Hire/Summer Rec Program d. Summer Bid Proposals e. Little League Complex Update 9. CORRESPONDENCE: 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 11. INFORMATION: a. Council Agenda (5/7/97) b. Beautification Minutes of May 13, 1997 12. ADJOURNMENT: Parks & Recreation Commission ***Minutes*** June 5, 1997 - 7:00 p.m. City Hall - Council Chambers Chairman Richard Hultberg 1. CALL TO ORDER AND ROLL CALL Members Present: Richard Hultberg, Tim Wisniewski, Christel Fields, Dale Sandahl, Kelly Gifford Members Absent: Ron Yamamoto, Jack Castimore Also Present: Bob Frates, Debby Fahnholz 2. APPROVAL OF AGENDA The agenda was approved by unanimous consent. 3. APPROVAL OF MINUTES The minutes were approved by unanimous consent. 4. PERSONS SCHEDULED TO BE HEARD None. 5. OLD BUSINESS A. Cemetery Cleanup - Bob Frates thanked the group for their support of the cemetery needs. He reported that the cleanup effort was successful and that painting is ongoing. He stated there are several sites in the old section that are not identified at this time. Commissioner Hultberg felt that several more trees should have been thinned out due to damage by roots. Bob Frates agreed but stated that the can't be taken out now without causing worse damage. Parks & Rec Commission June 5, 1997 Page 1 Bob Frates stated that when the runway is expanded it will be coming right up to the cemetery and that the need is there to look to expanding the cemetery area if possible. Commissioner Wisniewski stated that in the pioneer section of the cemetery there were grave sites on the left that are unmarked. He stated that there was ground clearing done in the 1970's that took out a number of markers. He felt that beyond that was a possible area for expansion. Commissioner Sandahl stated that there are areas that should be designated a historic within the area that should be considered. He felt this was a chance for the city to work on it. Bob Frates stated that he would add it to the goals list. Commissioner Sandahl stated that several people have contacted him about adopting areas within the cemetery. He didn't know if there was a formal process. Bob Frates stated that it was a matter of contacting the church and notifying members of the families within the immediate area to confirm their consent. Commissioner Hultberg felt that someone needs to map out the grave sites for reference. Commissioner Wisniewski stated that there was an effort put forth by the genealogy group to identify the graves that were unmarked at one time, but there are still a lot of unmarked graves in there. Bob Frates stated that there was a lot of good that came from the cleanup effort and it will now become an annual event. B. Batting Cage Proposal - Bob Frates stated that the proposal was accepted by Council and it is currently under construction. He stated it should be operational soon. C. Handicap Accessible Park - Bob Frates met last Tuesday and the trails were marked out. He stated that they got a call from someone concerned that there are archeological sites within the park. He stated that the concerns have been resolved. He reported the trail was laid out to not disturb an existing food cache located there and they will walk out the remaining sites for identification purposes. He attended the Lions Club meeting and will be making a cutout and pad for handicapped to have access. 6. NEW BUSINESS A. Municipal Park Cleanup - Bob Frates felt that it could be accomplished this summer. He would like to see the beetle kill removed and possibly some limbing done. Parks & Rec Commission June 5, 1997 Page 2 Commissioner Hultberg asked if anyone has seen what the firemen have done. He felt the scrub should be removed and cleaned out. He stated that off of Forest Drive could be made a parking area and a walk-in park in addition to the playground area. Bob Frates felt that there are going to be two views from the public on whether to cut trees out or to leave it natural. Commissioner Sandahl felt it is like going to Beaver Creek park. He felt the wooded areas are not being utilized for any productive purposes. He felt that by cutting and clearing out the area people can see what it will look like and will use it more because they will feel safer. Bob Frates felt that there were a couple of ways to get public opinion. He stated that a public opinion notice could be put in the paper to get the public involved. He felt that there are a few trees in Municipal Park that may be a safety hazard that need to be removed. B. Letters - Bob Frates asked to have a letter written to Vic Tyler thanking him for the donation of the pool tables to the Rec Center and another letter to the editor thanking everybody involved in the cemetery cleanup. Commissioner Hultberg made arrangements to get together next week to draft the letters up. 7. DIRECTOR'S REPORT Bob Frates stated that the dipnet season this year is July 10-31st. He reported that there is a broken window in the restroom that will be fixed next week. The dumpster at the beach will be picked up and emptied twice a week this year instead of once. Commissioner Wisniewski asked where the light posts came from. Bob Frates stated that they were donated by one of the canneries. He stated that they will also be putting in some handicap spaces. National Fitness Program - Bob Frates stated there weren't any organizations locally that participated this year. He stated he would like to do something to address this and clean up Bernie Huss park and to bring out more awareness. Commissioner Wisniewski felt there could be some way to bring out awareness among the community and suggested volunteer efforts. Bob Frates stated that some of the areas in Bernie Huss have had significant damage. He stated that those sites will be taken out in the fall and put back in the spring. Commissioner Sandahl felt that this could be an opportunity for youth offenders to pay back community Parks & Rec Commission June 5, 1997 Page 3 service. Commissioner Wisniewski felt that if corps groups got together to oversee the parks much could be accomplished. Bob Frates stated that with many parks outside there are open and closed times. Commissioner Wisniewski felt that if local people got together there could be a lot of volunteer support. Summer Hire - Bob Frates stated that the summer rec positions have been filled. He stated that there is now a safety packet put together that has been reviewed with all the crews. Summer Bid Proposals - Bob Frates stated that there is a bid proposal out to redo the Welcome to Kenai sign. Bids for painting the softball greenstrip shelter were also requested. Little League Complex Update - Bob Frates reported that the dirt piles have been removed and landscape efforts are underway. He stated there is also a senior little league state tournament scheduled here this year. He reported that barricades will be put up in a week or SO. Bob Frates reported that Scott Slavic will be serving on the new Peninsula Trails Committee. Bob Frates stated that the city has put a request for a mini -grant on bicycle/pedestrian safety. He stated that if there is money awarded there will be a couple of events held at the Rec Center in late June and July. Bob Frates reported that at last night's Council meeting Councilwoman Swarner brought up alcohol use in the parks. He stated that it is against city policy to allow alcohol in city parks and they will be addressing this. He stated he has been asked to place signage in the parks. 8. CORRESPONDENCE None. 9. COMMISSIONER COMMENTS Commissioner Gifford stated that she had noticed memorial tokens had been placed in Leif Hansen Park and did not feel the tokens are appropriate there. She felt it makes the area look trashy. She also felt that the old wooden outhouses in Municipal Park should be removed since they are being vandalized. Commissioner Gifford also felt that a new sign should be made for the tent camping area. Bob Frates felt the sign should be placed further ahead of the area. Commissioner Sandahl Parks & Rec Commission June 5, 1997 Page 4 suggested one of the state informational signs would be better. Commissioner Gifford stated that the Bernie Huss trail should be cleaned up and felt the transients are responsible for most of the damage. Bob Frates stated that damage is being done by the local kids. He stated he had a person doing cleanup there who took out 15 bags of trash. Commissioner Gifford felt that the strip along the road in front of the Oilers Park needs to be cleaned up. Commissioner Gifford stated that the new bike trail is falling apart. Bob Frates responded that a letter has been drafted from the city to the state on it. He stated that a resolution was made before Council that any new bike trails need to be maintained. He stated that as of now the City has no intention of sealing the cracks and feels the state is responsible since they put in the trails. Commissioner Gifford asked if letters to the local businesses have been sent out. Bob Frates stated that they will go out soon. Commissioner Gifford felt the dead grass in front of the Chamber looks bad. She also felt that a way to instill community value could be accomplished by persuading some of the Rec Center kids to adopt a park. Commissioner Gifford felt that a new cemetery sign needs to be made. Bob Frates responded that he is working on it. He felt the whole issue of park signage needs to be addressed. He felt that this winter would be a good time to address that issue. Commissioner Gifford offered to go through all the parks and remove old dead ornamental bushes. Commissioner Sandahl asked if the Cunningham Park equipment is going to be removed. Bob Frates stated that it has been justified to remove it. Commissioner Gifford asked if summer crews could start sooner and let them go sooner. Bob Frates stated that he hopes to start them sooner next year. Commissioner Gifford felt that if the Council wants the City to look nice they need to put their money where their mouth is. Bob Frates stated that he has been directed to close the Rec Center from 6:00-10:00 a.m. in the summer due to budget cutbacks. He hopes to go back to regular hours in the fall. Parks & Rec Commission June 5, 1997 Page 5 10. ADJOURNMENT Commissioner Wisniewski MOVED to adjourn the meeting. Commissioner Fields SECONDED the motion. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Debby J. Fahnholz Parks & Rec Commission June 5, 1997 Page 6 CITY OF KENAI PLANNING AND ZONINGING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS June 11, 1997 - 7:00 p.m. http://www.Kenai.not/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: May 28, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-24—Conditional Use Permit —Coffee House —Lot 39A, Dolchok Subdivision, 604 Peterson Way, Kenai, Alaska b. PZ97-25—Variance Permit —Principle Structures —Lot 1, Block H, Woodland Subdivision, Part 1, 104 Beech Avenue, Kenai, Alaska C. PZ97-27—A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes 7. NEW BUSINESS: a. PZ97-26—Home Occupation Permit —Art Instructor —Barbara Hultberg, Lot 28, Block 3, Redoubt Terrace Subdivision, 1618 Fathom Drive, Kenai, Alaska 8. OLD BUSINESS: a. PZ97-23—Landscape Site Plan Review —Economic Development Center, Mile 14.5 Kenai Spur Highway (Tract C, Radar Subdivision, Replat No. 1)—Postponed from May 28, 1997 meeting. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 1 1. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. City of Kenai Ordinance No. 1743-97 b. City of Kenai Ordinance No. 1744-97 C. City of Kenai Ordinance No. 1745-97 d. Mission Street Improvement Public Meeting Notice e. Kenai River Special Management Area Advisory Board Minutes (4/17197) f. KPB Administrative Approval—Anglers's Acres Lowe Addition g. Letter from Clerk Freas dated 5/22/97 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: A"n".* , 1I.d— CITY OF KENAI PLANNING AND ZONING COMMISSION June 11, 1997 **MINUTES** 1. ROLL CALL: Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Barb Nord, Karen Mahurin, Michael Christian Members absent: Ron Goecke Others present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGENDA: NORD MOVED TO APPROVE AGENDA. MOTION SECONDED BY CHRISTIAN. GLICK ASKED IF ANY OBJECTIONS TO UNANIMOUS CONSENT. NONE NOTED. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: May 28, 1997 WERNER-QUADE MOVED TO APPROVE MINUTES OF MAY 28, 1997. MOTION SECONDED BY MAHURIN. GLICK ASKED FOR ANY CORRECTIONS TO THE MINUTES. Bryson noted under item 13, Commission Comments —The sentence reads "Bryson noted action the borough took was contingent upon rezoning..." Bryson commented it would be clearer if it said, "Bryson noted he had stated that the action that the borough took was contingent on the rezoning. However, it was contingent upon vacation of the easement." GLICK ASKED IF ANY OBJECTIONS TO UNANIMOUS CONSENT. NONE NOTED. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ97-24—Conditional Use Permit —Coffee House —Lot 39A, Dolchok Subdivision, 604 Peterson Way, Kenai, Alaska M nut" J » ,,.Cot Planning and Zoning Commission Minutes Page 2 June 1 1 , 1997 MAHURIN MOVED TO APPROVE PZ97-24. MOTION SECONDED BY WERNER- QUADE. PUBLIC HEARING OPENED. DOROTHY GRAY, 193 TRUMPETER AVENUE IN SOLDOTNA. GRAY ADVISED SHE WAS SPEAKING ON BEHALF OF RUSSIAN ORTHODOX CHURCH AS IT'S SECRETARY AND AS CHAIRPERSON OF THE TSH BOARD. Gray advised she had provided a handout noting the four major objections that she will be presenting concerning the CUP for Lot 39A in Dolchok Subdivision. The first objection has been generated from the church itself. The Holy Assumption Russian Orthodox Church voted unanimously to object to the proposed conditional use permit for following reasons: Gray noted she would be referring to the map (which she had hung up) which is the actual site plan done by Taurianian for the repaving of the Mission Street project which shows all the lots and the proposed site of the proposed permit. (Gray directed Commission to map showing the location of the church, etc.) Gray stated she was showing this map to give the Commission an idea of how the decision they make will effect the area. Gray noted the proposed CUP is directly next to the chapel. Gray stated the chapel is the sacred burial site of the first priest that came to Kenai, Father Nikolai. Gray advised that Father Nikolai among his other famous contributions was the man who brought the smallpox vaccine to the Kenai Peninsula after the first smallpox epidemic wiped out half of the population. Gray stated he and his helper, Ivanoff, traveled the entire peninsula on foot to vaccinate people. This took over two years to distribute. Gray stated the chapel was built over his grave as a commemorative burial site. It is also the site of the very first Christian Church on the Kenai Peninsula. Gray stated the Holy Assumption Church voted unanimously to object to this as an improper use of the area adjacent to the chapel honoring this man. Gray stated the second objection is historical. Gray stated as chairperson of the Historical Board she drew attention to page four of handout. Gray stated she believes part of the discussion centers around the procedure in obtaining a CUP in the area. Gray stated she would like to point out that this residence in 1991 was the exact site of an establishment that raised so much concern not only in Kenai but in the entire state that Mayor Williams decided to propose a task force to study the historical area of this National Historic Landmark. Gray stated that from that task for, the ordinance that is part of the City of Kenai Zoning Code was put into law. Gray stated, the Historical Board process, due to a glitch, as the result of the filing of this application failed to include the Historic Board review in this process. Gray stated she would ask the Commission to consider that as part of the decision. Gray stated if you look at the flow chart on page 4, you will notice that application for development in TSH zone is received first by the TSH Board and then proposed to the Planning and Zoning Commission. Gray stated the TSH Board was established as a review board. Gray stated it has no other function but to commit information to the P&Z Commission for Planning and Zoning Commission Minutes Page 3 June 11, 1997 consideration of things that happen in this area. Gray stated that that part of procedure was bypassed in the application for this CUP. Gray continued, following the TSH staff/board review, then it is passed on to the P&Z Commission. Gray stated it is your decision to make a final recommendation for what happens in this area. Gray reiterated there has been no Historic Board review to date. Gray stated she has spoken to the City Manager. Gray advised she met with him personally last week and he is talking to the city attorney about the process by which this procedure was bypassed and how that happened and what can be done to rectify the situation. Gray stated she would like to mention again that this property is the property that was responsible for the creation of the entire TSH zone. Gray noted about half of the people in attendance were here in 1991 and remember the publicity that was generated from this commercial enterprise that was on this exact piece of property. And, the negative publicity that was also generated, not just in Kenai, but throughout the state where people came out to support the integrity of keeping this historic landmark and not having it's integrity challenged by commercial businesses. Gray stated that they know this is a National Historic Landmark in Kenai. Gray stated that what they may not know is that there are less than 25 landmarks in the state in south-central Alaska there are only 7. Gray stated the closest is Kodiak Island. Gray asked the Commission to take this into consideration when making the decision. Think of the economic and historic implication that this raises when making a decision about putting a commercial business next to a National Historic Landmark and possibly jeopardizing it's status as a landmark in the State of Alaska. Gray stated her third historical objection is that this particular residence has violated Section 14.20.105 b 8 of the City of Kenai Townsite Historic Zoning District in that, a quotation directly from the zoning code, "The board has the responsibility, direction by law to review all building permit applications as well as all exterior architectural alterations and demolitions within the zone." Gray stated the owners of the property in question have added on an extension to the building and perhaps through the recommendations had they gone through the review of the TSH Board might have reconsidered that. Gray stated because in doing so, they have jeopardized any chance of that building being on the National Historic Register. Gray stated it must be a building that is intact historically as it was originally. Gray noted this cabin is one of few remaining residents in Kenai that demonstrates themes of both the early community building era and the Kenai subsistence era. That was put out in the Historic District Survey Report. Gray stated the surveyors of this report further recommended that the city purchase property to house visiting artists and to keep it a historical home, a historical residence. Planning and Zoning Commission Page 4 Minutes June 11, 1997 Gray stated on the second page, she listed her third objection. Gray stated this directly relates to economic ties to the city. Gray stated they know from statistics of the Visitor's Center that over 50,000 tourists visit Kenai each year. Gray stated it is a documented fact by the Alaskan Tourism Council that visitors come to view authentic history. Gray stated they come to view history the way it was and as originally tended. Gray commented that in the TSH zone there is not many buildings left, many removed or torn down. When the ordinance was put into effect, it was with the understanding that it would preserve the historical integrity of what was left in that area. Gray asked that they keep this in mind when making their decision. Gray stated the National Historic Landmark in Kenai is one of the major reasons tourists come to Kenai and to view it as it might have existed 100 or 150 years ago. Gray stated her fourth and final objection is perhaps most closely tied to their job as a Commission, that is a legal objection. Gray stated they would have to ask themselves the question, first were the proper procedures followed in having the CUP brought to the Commission tonight. Gray stated she included in the handout the zoning code that specifically applies to the TSH zone outlining the flow chart in which the Board reviews and sends it's recommendations to P&Z. Gray stated she could tell them as the chairperson of that board they have not done that. Gray stated they have not been a part of that process. Gray added that she was on the task force and on the board since it's inception. Gray stated she knows the ordinance. Gray stated that she felt that as their first decision they need to decide if the proper procedures have been followed. Gray stated if they haven't, they need to go back and follow the guidelines of the law. Gray stated that this is what you, as commissioners, have vowed to do. Gray stated they have taken that under their jurisdiction, to follow the guidelines of the law. Gray advised that if they decide that the procedures were followed and you do decide to make a recommendation, the recommendation need to look at exact uses that are applied in the CUP. Gray stated they must be similar to present principle uses permitted in the zone. Gray stated that right now in that zone, if you go to the chart in the back of the zoning code, the only permitted uses in the TSH zone are one family dwellings, two family dwellings, professional offices, charitable institutions, churches, libraries, museums, parks and recreation. Gray stated the second you have to follow is that such uses must be in harmony with the intent of the zone. Gray stated she contends that the TSH Board has not been a part of this process to give such recommendations. Gray stated that thirdly the benefits to the city in terms of economic develop must outweigh any adverse effects on adjoining properties. Gray stated that as she understands the CUP, those are the three items that much receive attention tonight if they choose to proceed. Gray stated her second objection under the legal part is the parking issue. Gray stated that on the sketch that was presented with the application, Gray stated she would Planning and Zoning Commission Page 5 Minutes June 11, 1997 suggest two things. One, this does not show the property lines. Gray stated if you check the map, Dolchok residence begins and continues past here and the chapel. (Note, Gray was pointing to map on wall.) Gray stated this section of the land, until this year, was all private church property. Gray stated there was actually no driveway to this residence other than the little stretch of land where the orange particle is. Gray continued, with new road configuration, all of this in front of the residence, with the exception of one tiny space in which they are allowed to access their house, is all designated for parking spaces for the chapel. Gray stated that on the sketch presented as part of the permit, does not show the property lines. Gray stated she put orange spot that might fall into the required space allotment for parking spaces. Gray stated this would be right in front of the residence. Gray stated the problem that will exist is there is a six inch gutter and curb that will be here, in the blue area. The proposed parking area for this business would be in direct conflict for the proposed parking area by the city. Gray stated that the church has entered into legal agreement with the city for chapel parking only. Gray stated that in order for the business to park here, in the orange space, they would have to block anyone parking for the chapel. They would have to drive over a curb to get into these parking places to park for the business. Gray stated she felt this an important concern to deal with tonight in terms of following the requirements for the required parking spaces. Gray stated her last legal objection has to do with the adjacent property owners. Gray again drew attention to the map. Gray stated the Russian Church owns approximately 15 acres surrounding the area, with the exception of these two pieces. Gray stated she knows that in the code it does not speak to the fact that property owners have any right in saying what can be used in a conditional use permit in the city of Kenai. Gray stated in some cities property owners do have that right and if 50 percent or more object to it, the permit is turned down. Gray stated that is not the way it is in Kenai. Gray stated that regardless, she would like to point out that in this red area, the Church, Fort Kenay, the cemetery property, and the Wilson residence, Gray stated she would say they have told her in person as well as the owner of day care center, that they object. They could not be here tonight to formally object. Gray stated that all the red area, is part of the church property and as a result of a church council vote has objected to this property being used as a commercial business. Gray stated that in closing, she would suggest three recommendations. One, Gray stated she believes it important, the most crucial factor to decide if the proper procedure been followed. Has the TSH Board been allowed to present a review. If not, Gray stated she thinks they need to step back and follow the correct procedure and allow that. Gray stated that is why the TSH zone was adopted by law into the City of Kenai Zoning Code. Gray stated that secondly, if they chose not to do that, Gray stated she believes they need surveyors site plan showing property lines and the required parking spaces with exits that will not come into conflict with the parking on the Mission Street Improvement Project. Planning and Zoning Commission Page 6 Minutes June 11, 1997 Gray stated the last recommendation is that she believes there are landscaping requirements as required by the city as required by the code 14.25 in regards to commercial enterprises. Gray stated she did not see on the conditional use application. Gray stated she feels the decision they make tonight is extremely important. Gray stated that for those who were here in 1991 and remember the critical nature of what happened on this specific piece of property, take into the consideration the effect of your decision on the status of the national historic landmark and it's effect on the economic conditions of the City of Kenai. MARY ANN ALFANO—Alfano stated she is the owner of the coffee house in question. Alfano stated that the issue that was brought up three or four times by Dorothy as far as what happened in 1991, noted she had read the newspaper articles about that, stated she has no intent to open a place such as Steve Paloza did before, such as bringing in animals and things. Alfano stated she has something in mind that would be totally in harmony with the area. Alfano advised she has lived in the house for three years noting she rents it from Michael Carpenter. Alfano stated that Carpenter has talked to her about opening a coffee house there since she moved in. Alfano stated she came up to write and has spent three years in the house writing. Alfano stated she kept thinking the area is so wasted. Alfano stated there are tourist who come in and look at the chapel and walk away. There is no place for them to sit down. Alfano stated her intent was to open a nice place with serious gallery showings and serve coffee, pastries and that was it. Alfano stated she was willing to work with the church as far as even closing on Sunday and not having loud music. Alfano stated her neighbor at the time, Becky Trombley, had said she had no qualms about Alfano opening the shop even until recently, like the other day. Alfano continued stated, she called when she got the registered letter saying she hoped they were not giving her a problem about this because she (Trombley) didn't have any objections. Alfano added that she didn't expect that from Trombley. Alfano stated that as far as going through the proper historical protocol, which I apparently wasn't aware. Alfano stated she is new to the community noting that on August 18' she will have lived here for three years. Alfano stated she wasn't aware of the protocol. Alfano advised that as far as the architectural changes, what was changed is impermanent, something that can be moved in a day. Alfano stated it is not any structural changes so far. Alfano commented that she felt it too bad that her landlord, Michael Carpenter, wasn't present noting he doesn't want to be a part of the historical association. Alfano stated he had told her felt very strongly that he doesn't want to be a part of it if he cannot operate a business out of that house. Alfano stated he was very adamant but added that she wouldn't speak for him but would wait until he comes into town. Planning and Zoning Commission Page 7 Minutes June 11, 1997 Alfano stated she wanted to clarify that she had no intention of having a horrible mob or loud music. Alfano stated he was thinking maybe of having a folk guitar player, thinking in terms of the locals and having a nice gathering place. A place that would add to the community. Alfano noted that if you go to a place like Jacksonhole, Wyoming with 5000 residents and 10 coffee houses and they seem to do pretty well. Alfano stated that the historical structures serve that kind of thing well. Alfano commented she felt they were lacking in Kenai because there isn't a coffee house, poetry readings, and that kind of thing. Alfano stated that was her intent. Alfano stated that as far as not following protocol stated she didn't now the ropes. Alfano stated this is a rush thing. Alfano stated she has been trying to do this in the last three months but to do it well as serving a good product and have it top notch. JIM ARNESS, Box 1061, Kenai--Arness stated he owns a parcel of property close to this property. Arness stated he thinks there are two basic problems that need to be addressed. One, as best I understand, is that Ms. Alfano has been lead to believe that her Conditional Use Permit would allow her to proceed with her enterprise. That there was no need for a building permit, no need to go through the Historical Commission and therefore she has proceeded in good faith. Arness asked what you do about that, assuming that is true adding he believes it is. Arness stated he knows from experience there is frustration within the business community when you start through a process and then the rules seem to change or there is objection made to what you do. Arness stated his second concern, which is broader and one that will not be dealt with on this specific issue. Arness stated it would be his recommendation that Ordinance 14.20, whatever the rest of it is, that relates to the TSH Board section of the community be eliminated from the code. Arness stated he was involved when it was enacted adding it hasn't been followed in a single issue since it was enacted. Arness offered two specific examples, one a building that Mr. Vozar built. Arness stated that apparently the building permit was issued prior to the ordinance but what he built was not what he requested in his permit. He built a building about 50 percent larger. Arness stated that as best he knows nothing happened. Arness continued, the other one that bothers me more than anything is a project that believe is just started and not yet completed. Arness states that it involves Kenai Avenue at the mouth of the river where this last winter the City of Kenai brought in a group of cement piling and lined the road with piling to block traffic going to the sand dunes for whatever their purpose. Arness stated he understands there is intent to add to that project to expand public parking at the mouth of the river. Arness stated the point is that the concept of 14.20 has been circumvented. In this case, the city council took it upon itself to do whatever it felt like doing without going through it's own process or following it's own procedures. Arness stated he is sure that the reaction coming back from the council is that we don't have to go through these procedures because if these groups advise they don't want this done, the council can overrule it anyway. Arness stated his point is that this ordinance is something that was created to look good. It is on the books so the City of Kenai can say we have this area and we are doing these wonderful things. But it is meaningless and not followed. Arness stated the concept of the conditional Planning and Zoning Commission Page 8 Minutes June 1 1 , 1997 use permit circumvents the ordinance. Or at least the interpretation of the conditional use permit circumvents the ordinance. The ordinance again is bypassed. Arness stated that personally he doesn't care whether Miss Alfano operates her coffee shop. Arness noted he is not adjacent showing a small strip of property that separates the two pieces. Arness stated that is free enterprise however added he objects to the arbitrary way that the rules are administered. Arness stated he doesn't like the approach where someone tries to do something in good faith and where somewhere along the process they get blind sighted. Arness asked where do we go from here. Arness stated he is not saying that ignorance is acceptable and justifiable to allow anything to occur. Arness stated that is not his point. Arness stated he believes that what has been done has been done to this point with the approval of the administration. So, that leaves you with a dilemma. If you backtrack and say you can't do it, is there a problem here. The lack of the permitting process. As an example, Arness stated, the rectory at the church is going to be renovated within the next 12 months. Arness stated that nothing will be changed except put a foundation under it and renovate the building. Arness commented it is a significant project noting it is the oldest building on the Kenai Peninsula. Arness stated that if it works and the building doesn't fall apart when moved, so that the foundation can be built and then be put back on the building, it will last for another 100 years. Arness stated in this particular situation when the building inspector was approached at the city his response was is you can do that but you have to buy a building permit. Okay, it's $1000. Arness asked why that has to happen when the additions and alterations to Dolchok property don't require that same permitting. Arness stated the difference is one is a conditional use and the other a permit, I guess. Arness stated his point is to let her do what she wants adding he doesn't care. Arness stated he thinks the city needs to do some housekeeping. Arness stated his recommendation is, adding he spent considerable time writing the ordinance, is that it be eliminated. Arness stated it has never been followed adding he doesn't think it ever will be. It is a facade, something there to make things look good but it is meaningless. PUBLIC HEARING CLOSED. Mahurin advised she has a lot of things to say. Mahurin stated that first she doesn't think she would ever agree to take TSH requirements out of the code. Mahurin stated she believes in it and believes that the process has been circumvented. Mahurin stated she is proud that since she has been on P&Z that everything dealing with TSH has been through TSH first. Mahurin stated the question about dunes noted there was a major work session between all of the city's commission and city council. Mahurin stated she was involved in that part of it. Mahurin noted that this is a different issue but wanted to say there was an opportunity for meetings. Mahurin stated she would make a motion to sent this back to TSH for their review because she does believe in it. Mahurin stated she supports concept of the coffee house adding her feelings go way back when it was a coffee house. Mahurin stated he had had a conversation with the Priest at that time and regarding his oppositions, he had not been there, he had not checked it out. Mahurin stated she spent time there and her daughter and friends spent time there. Mahurin stated she felt it was a perfect use for that area. Mahurin Planning and Zoning Commission Page 9 Minutes June 11, 1997 stated that tourists walk there and they do need a quiet, reflective place. Mahurin stated it was used by the locals in the evening for gatherings and was a good positive thing for our youth. Mahurin stated that unless there are significant other problems, she would support this when it comes back to Planning and Zoning. Mahurin stated that at this point it is privately owned but if the city owned it and they could do something different, that is a different issue. Mahurin stated she thinks it is in harmony with the area. Mahurin stated she feels badly that the church opposes it and think they should work in concert adding she would hate to see a fight over parking. Mahurin stated that maybe when it comes back for review, they can have input from the City of Kenai that can be taken into consideration. Mahurin stated that when the Commission is through with the discussion she would like to make a motion to postpone action until it goes through the TSH Board. Glick asked if that was a motion. Mahurin stated she would prefer to wait until after the discussion. Glick for the record he needed to mention the letter received tonight from the owner of the building, Michael Carpenter, who is in support of the coffee shop. Christian asked staff what the issues are regarding parking and the property line and asked if they were presented accurately. La Shot stated the sketch submitted is not clear enough to determine whether there is an area available on site for parking. La Shot stated it would be the city's recommendation that parking be provided. La Shot stated the issue about procedures being circumvented, it is the opinion of the administration including the city attorney that procedures were followed and that conditional uses don't need to be reviewed by the TSH Board. Christian asked about the issue of sewer and water and if it was a problem. La Shot stated the upcoming Mission Street project intends to extend city water to that area and that would be available to that residence. Christian clarified that currently they have their own well. La Shot stated there was an alteration made that was looked at by the building official which did not require a building permit. La Shot stated he believed it was a clear wind screen that did not require a building permit. Bryson asked if there were any restrictive aspects of the parking that is being provided for the public or church use for visiting the church. La Shot stated he believe there is parking being provided in the Mission Street project in that area adding he doesn't know if it will be possible to control if people are using the parking area to go to this business. La Shot stated that parking is provided for anyone who needs to use the area. Administration would recommend available off street parking on private property. Bryson asked if the ear that sticks out on Mission Street will become public property. La Shot stated he believes it will be or has been dedicated. MAHURIN MOVED TO POSTPONE ACTION UNTIL IT HAS GONE THROUGH THE TSH REVIEW PROCESS AND COMES BACK TO US AND THAT THE QUESTION OF Planning and Zoning Commission Page 10 Minutes June 1 1 , 1997 PARKING BE ADDRESSED AND THAT LANDSCAPING ALSO BE ADDRESSED BY THE APPLICANT. CHRISTIAN SECONDED THE MOTION. La Shot commented that landscaping cannot be required unless a building permit is required. Mahurin stated that as a strong advocate and outspoken advocate for many years of the TSH stated if she can't require it legally, she would state it would receive a more favorable response if there was some sort of a plan for landscaping. Mahurin commented that the area has been diminished so greatly that she thinks it very important that they follow through and not let some of the things happen there that have happened in other parts of the city. Mahurin stated she would be very interested in seeing something like that. MAHURIN STATED IF HER MOTION IS NOT LEGAL, SHE WILL WITHDRAW, WITH PERMISSION OF THE BODY, THE REQUIREMENT OF LANDSCAPING AND LEAVE COMMENTS IN MINUTES WITH REGARD TO LANDSCAPING. GLICK ASKED IF ANY OBJECTIONS. NONE NOTED. GLICK REMOVED LANDSCAPING REQUIREMENT FROM MOTION. Nord stated she doesn't see where in the TSH section of the code where it says that a conditional use permit has to be reviewed by TSH Board. Nord stated it is not in the code unless I am not reading it properly. Nord noted she will vote no on this motion. Werner-Quade noted she is having trouble interpreting this too adding the only thing she sees is the board will review all building permit applications as well as all exterior alterations and demolition's. Werner-Quade asked what the Historic Board going to review? Whether it is appropriate to have the house serving as a coffee shop to tourist or not and if that is the case, stated she agrees with Ms. Nord that that is not part of what they are supposed to be doing. Mahurin noted that as someone who was here before P&Z and the reason she is on the board now is what the City of Kenai did to Townsite Historic. Mahurin stated that Mr. Arness was right in that there was a task force formed after the original proposed usage of the property. Mahurin commented that task force was made up of good, hard working citizens who spent a long time and effort and as a result came the TSH ordinance and the review board. Mahurin noted she had been a member of that board. Mahurin stated she thinks good faith and intent has to be maintained and that being that the City of Kenai recognizes when the decimated the TSH zone to a tiny portion that TSH review would have some ownership and input into what happens in that part of the town. Mahurin noted they have heard from a church contingency tonight and have not heard from a city recognized commission or board adding the people who have been working on that are involved with the historical and everything else that is going on there. Mahurin stated she thinks it only fair and it would be a travesty if they totally disregard the TSH board. Mahurin added that down the road she would make a recommendation adding she did not realize that conditional use permits come through Planning and Zoning Commission Page 11 Minutes June 1 1 , 1997 there. Mahurin noted that when they talked about the Land Use Table they discussed those types of things adding that somehow she had missed that it has to come before them. Mahurin agreed with Mr. Arness stating if they are not going to do it, take it out of the ordinance. Mahurin stated she doesn't want to see that happen adding that what will happen is what happened in the first place adding that a nice old historic area has been reduced to about a penny size piece of history. Werner-Quade stated she had been looking in her packet for something from TSH and thinking surely they must have seen this. Werner-Quade continued stating she went further to assume that since she didn't see anything she assumed it must be okay with them. Werner-Quade noted that this is far from what it actually is. Werner-Quade commented it is hard to come in when you come in with one thing in your mind and you have to change that. Christian commented that he thinks that the idea of the TSH district was an excellent step forward and thinks the city needs to preserve what is most valuable as a tourist attraction. Christian noted this is a new ordinance and they need to make the right steps. Christian added that if errors have been made, they need to make steps in the proper direction to preserve this. Christian commented that they tried to do something in 1967 when they built Fort Kenay and it fell flat because of no support. Christian stated he would hate to see the city not give the board support. Christian stated he would very strongly recommend it goes back to TSH Board if nothing more as a precedent to give them as much power as possible. Christian added that he would agree with Ms. Mahurin as a good use for the property but they should go through the TSH board first. VOTE TO POSTPONE: BRYSON YES WERNER-QUADE YES NORD NO MAHURIN YES CHRISTIAN YES GLICK YES MOTION PASSED-5-1. b. PZ97-25—Variance Permit —Principle Structures —Lot 1, Block H, Woodland Subdivision, Part 1, 104 Beech Avenue, Kenai, Alaska MAHURIN MOVED TO APPROVE PZ97-25. MOTION SECONDED BY CHRISTIAN. PUBLIC HEARING OPENED: TONA BRAVO —Applicant. Bravo stated she had written a letter to the Commission stating her reason for the request, that is that her dad is ill. Bravo stated that due to the way her home is she feels they cannot add on because of her garage. Bravo stated her father wants his own little place and will be like a mother-in-law's cottage. Bravo stated it will be used only for that and not as a rental. Bravo stated he is living outside Planning and Zoning Commission Page 12 Minutes June 11, 1997 and is ill and her only family. Bravo stated her home is well kept and wouldn't be anything junky. Bravo stated she has a builder, Mr. Grizzell, who has given a price on building the small cottage which would just be used for her family. Christian asked if the intent was to connect to your home system. Bravo stated it will have it's own water and electricity. Christian asked the size of the dwelling. Bravo stated 16' X 24'. Christian confirmed it will not be connected in any way to the residence. Bravo noted that it was her father's choice so he could pay his own way. adding they have a large lot and that they meet the requirements for the variance. Bryson asked if there was a restriction that no rental, lease, or sublease of the cottage separate from the principle structure would create a problem. Bravo stated no adding that the intent was for her dad to use the residence and if that restriction needs to be included that would be fine. Bravo stated that s long as they own the home it would be for family purposes. Christian asked if you have the structure and somewhere down the line the principle use could not be used, what would you use it for then. Bravo stated that she would probably use it as a studio or noted that her mother is 20 years younger and may need a place then. PUBLIC HEARING CLOSED: Glick asked La Shot for additional staff comments. La Shot advised that if the owners wished to attach the structure it would not require a conditional use permit, it is her choice to separate it. Christian asked for clarification. La Shot repeated that if they attached the addition to their house it would not require a variance. Christian expressed concern about what happens down the road supposing that the Bravo's sale their property, and someone buys the property asked if they can stipulate that the new owner not rent the structure. Christian commented that it seems it would be putting a great deal of pressure of someone down the road. Bryson reiterated that they could connect it to their current residence and it would be legal. Christian asked if they could rent it and answered himself that it would because it would be considered a duplex. Christian stated this concerns him because somewhere down the line they could connect the building and make it a duplex and rent it. Ms. Bravo commented that it may be a great asset because many families have parents living with them and it may be something someone is purposely looking. Bravo noted that parents don't want to infringe on their children's privacy. Christian stated he agreed but is wondering if someone down the road doesn't want to do that can they extend the requirement that it not be rented whether connected or not. Christian stated he didn't think the requirement is very long lasting. Glick stated they could connect it now, call it a duplex, rent it out, and it wouldn't even be before the commission. Planning and Zoning Commission Minutes Page 13 June 11, 1997 BRYSON AMENDED THE MOTION TO STIPULATE THAT NO RENTAL, LEASE, OR SUBLEASE SEPARATE FROM THE PRINCIPLE STRUCTURE BE ALLOWED. MAHURIN SECONDED THE AMENDMENT. VOTE ON AMENDMENT: WERNER-QUADE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES GLICK YES AMENDMENT PASSED —UNANIMOUS. VOTE ON MOTION AS AMENDED NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GLICK YES MOTION PASSED —UNANIMOUS. c. PZ97-27—A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table with Footnotes CHRISTIAN MOVED TO APPROVE PZ97-27. MOTION SECONDED BY MAHURIN. PUBLIC HEARING OPENED. PUBLICHEARING CLOSED. La Shot noted no additional staff comments. Christian noted that in lieu of the vote by council at the last council meeting regarding the kennel ordinance if they should review the animal boarding section. Christian stated they would need to change the N's to C's. Bryson noted not in the TSH zone. Gulick stated that would involve the N's in the RS2 and RU zones being changed to C's. MAHURIN MOVED THAT UNDER THE ZONING DISTRICT, MISCELLANEOUS ANIMAL BOARDING IN THE RS2 AND RU THAT THEY CHANGE THE NOT PERMITTED TO A C FOR CONDITIONAL USE. MOTION SECONDED BY NORD. Mahurin stated she felt it is a moot point and if isn't changed here when it goes back to council for the ordinance approval they will do it anyway. Mahurin stated a housekeeping item. VOTE ON AMENDMENT: MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES NORD YES GLICK YES Planning and Zoning Commission Page 14 Minutes June 11, 1997 MOTION PASSED —UNANIMOUS. Glick asked if anything else that needs to be discussed. Nothing noted. VOTE ON MOTION AS AMENDED: CHRISTIAN YES BRYSON YES WERNER-QUADE YES NORD YES MAHURIN YES GLICK YES MOTION PASSED —UNANIMOUS. 7. NEW BUSINESS: a. PZ97-26—Home Occupation Permit —Art Instructor —Barbara Hultberg, Lot 28, Block 3, Redoubt Terrace Subdivision, 1618 Fathom Drive, Kenai, Alaska MAHURIN MOVED TO APPROVE PZ97-26. MOTION SECONDED BY WERNER- QUADE. La Shot noted no additional staff comments. Bryson asked if there was any concern with parking. Bryson stated he feels that any parking that is required for people attending the session should be off street and that she should have sufficient room in her driveway to do that. Bryson asked if she stated how many people would be in attending at any one time. La Shot stated he didn't believe any numbers were mentioned and it may be appropriate to think about that. Bryson commented that as narrow as the streets are, if one side gets plugged it becomes a hazard. La Shot noted permit application just states teaching to a small number of people. Christian asked if this is one-on-one or to groups of people. Mahurin advised that tole painting is painting that is folksy, antique looking and done on wood or metal. Mahurin noted it is different than having a big easel. She could definitely demonstrate to a group adding she took a class that had about a dozen participants. Mahurin stated she understands the parking question and wondering how many vehicles they can adequately handle. Glick suggested amending permit to limit the number of vehicles. Werner-Quade stated she had thought three. Mahurin stated she would rather say that all parking for class have to be off street adding she would hate to limit the number of people. Glick stated he thought home occupations by nature are limited to two people. Glick asked if he was reading something into this. Glick noted the traffic generated by a dozen people is greater than a home occupation would allow. Mahurin noted they are thinking about one day a week, a sporadic activity. Planning and Zoning Commission Minutes Page 15 June 1 1 , 1997 BRYSON AMENDED MOTION TO REQUIRE THAT PARKING BE CONTAINED WITHIN THE SUBJECT LOT. CHRISTIAN SECONDED THE MOTION. VOTE ON AMENDMENT: BRYSON YES WERNER-QUADE YES NORD YES MAHURIN YES CHRISTIAN YES GLICK YES MOTION PASSED —UNANIMOUS. VOTE ON MOTION AS AMENDED: WERNER-QUADE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES GLICK YES MOTION PASSED —UNANIMOUS. 8. OLD BUSINESS: a. PZ97-23—Landscape Site Plan Review —Economic Development Center, Mile 14.5 Kenai Spur Highway (Tract C, Radar Subdivision, Replat No. 1)—Postponed from May 28, 1997 meeting. NORD MOVED TO APPROVE PZ97-23. MOTION SECONDED BY CHRISTIAN. La Shot noted nothing additional. Mahurin noted they have provided a landscaping plan adding she doesn't like it. Mahurin commented two planters and red gravel seems a shame when talking about the Economical Development Center. Mahurin noted she knows it is off the road and that she has been out there. Mahurin commented that every time she drives by a building in her area and sees the minimal landscaping like this that she gets angry. Mahurin noted that she realized that they probably have no choice but to approve but that this doesn't say much for Economic Development that they are putting such a minor emphasis on landscaping. Christian stated he would like to support that idea adding that we need to provide some beautification for our buildings. Christian stated he would like to see owners take some pride in what they are building and make it appealing to the eye. Christian commented that there are some ugly spots along that road and they could make this one better. Christian stated he is disappointed with the plan. Glick stated he is not sure that they have to approve. Mahurin advised she thought if it rnet minimums, they had to approve it and would be interested to receive advice on the issue. Bryson noted a five percent requirement. Nord suggested in the future they might consider looking at the five percent area as far as beautification. Nord noted that Planning and Zoning Commission Page 16 Minutes June 11, 1997 a bunch of gravel and a couple of trees isn't her idea of beautifying the city. Nord stated this may be something in the future to look at. Five percent minimal amount and if it could be done where it wasn't stretched over a 3 foot area 100 foot long, it might make a little sense. Nord added she sees nothing wrong with plan meeting the black and white of the ordinance so will vote to approve. Mahurin asked if it might be appropriate when getting something like this with the help of staff develop a boiler plate letter that goes out when they apply stating the intent of ordinance but it is one of things that P&Z, particularly on developments, will be looking at. Mahurin stated she didn't know if they wanted to do something like this but to somehow give notice to developers that this is a priority and will be looking at. Mahurin asked if they can do something like this. Werner-Quade added she doesn't know if they can do it but would support it. Werner- Quade commented there is always an element of confusion with the plans. Werner- Quade commented that she felt that the developers are told just to do these as a matter of course and they will be approved. Werner-Quade commented the plans are oftentimes not fine or will show landscaping and afterwards there is no landscaping done. Then, there is no way to enforce. Werner-Quade agreed with the idea of tightening up this procedure because it is more often than not that they are not right. Christian asked if we were to take one of these plans and use as precedent setting and not approve because we don't agree with their plan, what the next step would be? Christian stated he is assuming it would be appealed to council and they would lose any impact. Christian stated he doesn't see anything other than putting words into the minutes where they can go with it. Smalley stated that if something meets the code and if it turned down here, council would approve if it met the criteria. Smalley added that if the body wants to alter criteria, then that is what it needs to do. VOTE: NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GLICK YES MOTION PASSED —UNANIMOUS. 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Planning and Zoning Commission Page 17 Minutes June 11, 1997 Smalley noted the agenda in the packet. Smalley advised that Kathy Scott and Colleen Ward gave an overview of the economic forum and everyone was very pleased with the forum. Jerry Stock, a builder, spoke before council over difficulties with properties he had bought in Pinewood Subdivision. When purchased, he was led to believe water and sewer stubbed on the properties. Smalley stated there were lots of complications, the owner had passed away in the early 70's. When the project went through to pave, in 88 or 89, property owners were notified to see if they wanted stub outs. The executor was contacted to notify if they wanted stub outs. Some of the lots had water, some sewer and some both. There is water and sewer at street. Council didn't believe a city problem, instead between purchaser and seller. An ordinance approved adopting the budget. Smalley noted this was a substitute ordinance lowering it about $178, 000 because of PIERS being lowered. This was a difference of about $370,000 dip into the general fund to balance the budget. The kennel ordinance failed. Cabin rentals passed. Council postponed Item 5 by request of the Airport Manager and City Manager. Smalley noted everything else passed with the exception of Item 12 which was sent back for rewrite to take out word maintenance. Smalley noted the city doesn't want someone way down the road to interpret that the city will maintain bike paths. Under New Business, council will on July 16' be setting up a time frame to work on goals and objectives. There was discussion over damage of trees and shrubs due to equipment or because not surviving winters in Leif Hansen Park. Those destroyed by equipment the city will replace. Smalley advised that council does sincerely appreciate the effort put forth on the land use table and the footnotes. Smalley stated he had a couple of questions. The first one, the motion to postpone the coffee house project and send to TSH, Smalley stated he assumes was as a matter of courtesy because not required by the code because no buildir- permit required. Smalley noted conditional uses aren't sent to them. Smalley stated he could potentially see a legal problem requiring something of an individual above and beyond the code that has not been required of other projects in TSH, adding he didn't have one specific to say. Smalley added he couldn't think of one they have required above and beyond the code. Smalley reiterated it was just a question, first assuming it was a matter of courtesy. Mahurin responded it is more than courtesy, a matter of integrity and to honor the integrity of the TSH board and to honor the intent of the ordinance. Mahurin stated she will propose under board comments that they come up with ordinance changes that will require hops and cups come before TSH board. Mahurin stated she felt it more than a courtesy but an intent that she thought inherent in the process when the rezoning happened. Mahurin added she sees that it missed it but thinks it is to uphold the integrity of the TSH board. Planning and Zoning Commission Page 18 Minutes June 11, 1997 Smalley responded that he didn't think it was ever intended that CUP's would go before them. The reduction of the size of the zone has nothing to do with it. Mahurin stated her understanding during all of the meetings and as a member of the TSH board was that they would review all development in the area. Smalley responded that what passed and came out of ordinance was that all development requiring a building permit would be reviewed. Werner-Quade asked if they could go off the record, if that was acceptable adding that she has comments and questions. Bryson stated it was his intent that it be sent there as a courtesy situation and that he would like their opinion as a historical group. Bryson noted that he recognizes it is a very sensitive situation and sensitive area. Smalley commented that he didn't think they would delay project because of not having water on site. La Shot noted he thought their plan was to haul water. Glick stated his vote was a courtesy knowing what the code says. Werner-Quade concurred. Werner-Quade stated she didn't agree with Gray's points other than the legal which stopped her. Werner-Quade stated Gray was saying one thing and administration was saying another thing, and noting she is not an attorney, so it stopped her in her tracks. Werner-Quade noted she felt it was a courtesy to TSH. Mahurin stated she felt that they needed to hear from a city sanctioned group as opposed from only the religious community being cognizant of the politics of the area. Werner-Quade stated that right before the meeting she went there and there was an electrician there to up the amps for espresso machines. Werner-Quade stated she was given a tour and it was a treat stating her first thought is that this is perfect. Mahurin concurred. Werner-Quade noted then to hear Ms. Gray was hard to hear and commented that she felt that if Gray was going to present the packet of materials she should have had it in the packet following the application. b. Borough Planning Bryson stated with reference to the proposed plat agenda, they reviewed 7 plats. All were recommended for approval. At the regular meeting, the agenda was accepted as presented. Under public hearings, there was a petition to vacate a public easement that provides access to Kenai Lake from Snug Harbor road side. That item, after public comment, any decision postponed until hearing from the Cooper Landing Advisory Planning Commission. The second public hearing was approved. Item 3 included 50 or so street name modifications. Only ten of the names had comments from the public attached. Bryson noted there were a number of modifications made as a result of public input. Bryson explained again that those will all be coming to the borough once all areas covered for a massive resolution that will cover 100's of streets to formalize Planning and Zoning Commission Page 19 Minutes June 11, 1997 name changes. Item L1 was an appeal of a planning director's decision. The director determining that subject parcel didn't qualify for an existing use as regard to development of a borrow pit. That decision was overturned by the commission. c. Administration La Shot advised there was a Kenai River Special Management Board meeting on June 5' which was continued to June 171'. The primary reason for the meeting was to adopt the draft management plan. La Shot stated the board heard strong comments and input regarding the lower four miles of river, that it not be included in the boundary. La Shot noted if anyone wished to make comments they could do so at the meeting on the 17th. La Shot reminded the Commission of the Airport Commission meeting concerning review of the master plan draft. La Shot advised that tomorrow the site work will bid for fire Training Center. La Shot advised that at some point this will come up for a landscape review prior to issuance of the building permit. The animal control shelter is out to bid and that eventually will make it's way to the P&Z Commission. At the next meeting staff plans to bring a CUP for consideration. La Shot noted staff had waited because the things being revised in the land use table would have negated that need. La Shot noted it might be the appropriate time to review the landscape site plan. Smalley stated that concerning the discussion of Mr. Arness on the Dunes Project, if city needs to get a copy of that project, adding he is aware there was a public hearing process, if code requires that such development go before the TSH board for review purposes, it may be appropriate to get the TSH members copies of the report. Smalley noted that there was confusion that they were creating parking space there. Smalley stated the parking is elsewhere. Smalley stated he didn't think the project required their review. La Shot stated there is a possible future project involved that would be adjacent or expanded which will enlarge the turnaround at the end. Smalley asked if it was possible to get them a copy of what the city is doing down there. La Shot stated yes. Kebschull stated it was her understanding that it was not in the zone. Smalley stated he had initially thought it was just outside of the zone but was informed by Ms. Mahurin it is definitely in the zone. Kebschull stated she was told it was outside. Mahurin stated she was under the impression it was all in the TSH zone. La Shot noted in the back of the Comprehensive Plan is a zoning map. La Shot noted it is in the zone. Smalley stated he would then think it appropriate to share with them what is going on and the plan. Kebschull questioned if it doesn't require any kind of permit or review by P&Z, why would TSH review it if they are advisory to P&Z? Smalley stated a matter of courtesy. Kebschull noted they are provided with information on any public hearings. Smalley stated he is aware of that and would prefer they be informed as much as possible to eliminate confusion. Kebschull noted staff tries to do that. La Shot commented that the Commission was provided copies of the revised Comprehensive Plan. In the new budget starting July 1 ", the city has appropriated $-30,000 that will be matched by borough funds to begin the process of preparing a Planning and Zoning Commission Page 20 Minutes June 11, 1997 new comprehensive plan. La Shot noted the Commission will be heavily involved in that process. La Shot stated that Kebschull will be coordinating the project. Kebschull noted that the zoning map in the new plan is already outdated because of the two recent rezones. Glick asked where the funds are coming from to build the new animal control shelter. Smalley explained that FAA approved the use of airport funds for the project because it meets the criteria and it will be leased by the city at the lease rate. Smalley commented that this council is looking at the airport fund as the fund to build all future projects but thought this might meet the criteria since it has been on airport lands. Glick commented that technically the airport part of the city will own the shelter. Kebschull commented on the discussion regarding the coffee house adding for the record that Dorothy Gray had been aware that something had been going on there for some time. She brought that to staff attention and that is why the building official checked it out. Kebschull noted the building official had advised staff that a building permit was not required and asked that the city attorney clarify whether or not it was required that any alteration be reviewed by the TSH board. Kebschull advised that the city attorney advised that it was not required by code. Kebschull added that she had discussed with the attorney how the TSH board could be involved in the process based on the fact that their meetings are monthly and P&Z meets every two weeks. It was decided that if they met before the P&Z meeting and a CUP had been requested that it would be placed on their agenda for comment. If the time wasn't right, I would include them as a part of the certified mailing. Kebschull noted the TSH board was involved in the fact that they were noticed by certified mail of the CUP like every other property owner in that district. Kebschull noted that staff has a concern because the TSH board has problems with quorums and if they don't have a quorum for example at their meeting on the 16', what does that mean to the coffee house application. Then, TSH wouldn't meet for another month. Kebschull advised she is not sure what will happen at that time. Kebschull advised that staff had followed all guidelines to include them in the process. Kebschull noted she didn't know what more staff could have done. La Shot commented in conversations with the city manager there has been discussions on the problems with quorums and the administrative burden that TSH poses for the city. La Shot stated he felt the city manager will be pursuing some method possibly that would include an abolishment of the board. La Shot stated P&Z would possible take on the duties of the TSH board with possibly an expert group available for consultation or input. La Shot stated this is just for the Commission's information. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. City of Kenai Ordinance No. 1743-97 b. City of Kenai Ordinance No. 1744-97 c. City of Kenai Ordinance No. 1745-97 Planning and Zoning Commission Minutes Page 21 June 1 1 , 1997 d. Mission Street Improvement Public Meeting Notice e. Kenai River Special Management Area Advisory Board Minutes (4/17/97) f. KPB Administrative Approval—Anglers's Acres Lowe Addition g. Letter from Clerk Freas dated 5/22/97 13. COMMISSION COMMENTS & QUESTIONS: Mahurin advised when she was onTSH having quorums was a problem adding she did realize they were advisory to P&Z which is why she applied to P&Z because she felt there was not much of an advocate for TSH on P&Z and city council. Mahurin stated that it became apparent tonight to her that they need to be included in almost everything that goes on over there. Mahurin stated she is not sure in light of the quorum how that can be done. Mahurin stated she would hate to see P&Z take on all of their duties because they do a lot with archeological research and the historic preservation, etc. adding she didn't think P&Z had the expertise or the focus. Mahurin stated she didn't have an answer adding she is not sure what to do. Mahurin reiterated she would hate to abolish the board adding she realizes this is only a discussion item. Mahurin commented that area has a significant part of history and culture that needs to be maintained adding she would like to see the zone extended back to Kenai Joes. Mahurin stated she has concerns as to how it can be incorporated and suggested perhaps a brainstorming session in the middle of winter when time reiterating that it concerns her. Mahurin drew attention to a letter to editor in the paper from Mary Person who lives in Redoubt subdivision about the proposed path for wheelchairs in a park on Forest Drive. Mahurin stated she had some really good points such as instead of clearing trees, weaving something through. Mahurin stated she just wanted to draw attention to the letter and if they had not read it they might want to. Mahurin stated that on a personal level she has a neighbor who is chopping down all of the trees on the corner of Fourth and Aspen who assures her that the City of Kenai gave her permission to take down all of the trees in the right of way. La Shot stated he wasn't aware of this and would have to ask if someone gave her permission. Mahurin wished all the fathers a Happy Father's Day. Nord commenting on the landscape reviews stated she thinks the Commission should look at requesting an ordinance change and submit it to the council. Nord noted that it is building season now and perhaps it could be looked at in the fall. Nord commented how many hours the city and volunteers spend making their property look beautiful. Nord noted that volunteer hours are astronomical with the Beautification Committee then having commercial enterprises making it look shoddy with paved parking lots is a shame. Nord stated she would like to see the aspect of "Beautifying our Highways and Byways." Nord stated that Sharon Williams talked to her regarding the sign on the corner in front of the Chamber for Overland Park. Williams stated she felt it was too close to the Planning and Zoning Commission Minutes Page 22 June 11, 1997 existing street. Nord stated she wasn't sure if it has been looked at before. La Shot asked what the sign said and Nord stated, "Overland $9.95 a Night". Glick noted P&Z wouldn't review unless it was oversize. La Shot stated he would check on it. Christian supported Nord's comments on a better ordinance for a landscaping. Christian commented that he doesn't have much hope noting that the last couple times he has been involved in trying to approve the city, they didn't get too far. Christian noted they had put time and thought into the kennel ordinance and wished council had explained their reasons for denying the ordinance. 14. ADJOURNMENT: Meeting adjourned at approximately 8:55 p.m. Respectfully Submitted: 1 Ma ily Kebschull Administrative Assistant KENAI BEAUTIFICATION COMMITTEE June 10, 1997 * * * 5:30 p.m. Council Chambers Chairperson Susan Hett ***AGENDA*** 1. ROLL CALL: 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES: May 13,1997 4. PERSONS SCHEDULED TO BE HEARD 5. OLD BUSINESS 6. NEW BUSINESS a. Chamber Beautification Awards 7. REPORTS a. Chairperson b. Parks & Rec c. Council 8. QUESTIONS AND COMMENTS 9. INFORMATION a. Parks & Rec. Commission Minutes of May 1, 1997 b. City Council Agenda (5/7197) 10. ADJOURNMENT ***NOTE MEETING TIME*** DINNER WITH MAYOR WILLIAMS AT 6 P.M. AT DON JOSE'S KENAI BEAUTIFICATION COMMITTEE June 10, 1997 ***MINUTES*** Vice -Chair Dimmick called the meeting to order at approximately 5:45 p.m. 1. ROLL CALL: Voting Members Present: Non -Voting Members Present: Voting Members Absent: Non -Voting Members Absent: Others Present: 2. APPROVAL OF AGENDA Sylvia Johnson, Jean Rogers, Barb Nord, Marilyn Dimmick Linda Overturf Susan Hett, Karolee Hansen, Nina Selby Jeneane Benedict Councilperson Swarner, Mayor Williams, Administrative Assistant Marilyn Kebschull, Parks and Rec Director Bob Frates, Volunteer Merle Dean Feldman AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: May 13,1997 Dimmick asked if any changes or additions to minutes. Johnson questioned Carrs Fitness Trail and the Bernie Huss Trail in the Parks and Rec. Minutes. Frates noted they were in fact the same trail. No changes to Beautification minutes. NORD MOVED TO APPROVE MINUTES. JOHNSON SECONDED THE MOTION. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PERSONS SCHEDULED TO BE HEARD 5. OLD BUSINESS 6. NEW BUSINESS a. Chamber Beautification Awards Beautification Committee Page 2 Minutes June 10, 1997 Dimmick advised the Chamber would like the award information after August 11. Dimmick noted last year they judged about the third or fourth week in July. Nord noted it took about a week. Merle Dean stated flowers will be prime about the third week of July. Merle Dean commented the flowers would look good for Fourth of July this year. Frates suggested asking Laura Measles of Chamber to attend July meeting. Frates asked about any problems with last year's judging. Swarner noted that Connie Royal is in the city. Frates asked if the process was smooth enough last year. Dimmick commented she felt it was smooth enough. Dimmick stated in the past they have had yards that have nice lawns and shrubbery but no flowers and there is no category for that. Dimmick stated she would like a category for that. Dimmick suggested that at the July 8' meeting they could distribute the maps and do the judging after that. Dimmick asked if there was a preference for which day of the week. Nord stated Thursday is best for her. Nord stated that would be either July 31` or August 7'. Dimmick asked why the Chamber would care when they actually judged. Dimmick noted they could do the judging whenever and give the Chamber the results after the first of August. Frates asked if they wanted to make arrangements for a senior center van. Group decision that using the van had worked well. Dimmick asked what time they had driven last year. Decision to start at 7 p.m. on July 31 ". Johnson advised she will be gone until the 21" of July. Williams asked where Johnson would be going and Johnson advised she would be taking the trip with Boyd Schaeffer. Group discussion about entryways to gardens. Mayor Williams suggested possibly in the future a stone entry into the Leif Hansen Park. Mayor Williams noted that there is not much stone locally. Frates stated that he thought you needed a permit to take stone from state lands. Mayor Williams advised he could write a letter and would be given permission if it is for public use. Dimmick clarified they will meet at Leif Hansen Park at 7 p.m. on July 31 a` for the driving inspections. Frates clarified they would be given their maps at the next meeting. Merle Dean asked if there is a children's category adding she has had more and more interest by children in gardening. Merle Dean commented that she felt it was important to encourage and recognize their interest. Merle Dean stated they could advertise it and parents could nominate their children. Dimmick advised this is a Beautification Committee Page 3 Minutes June 10, 1997 Chamber function and in the past they have given a tree as prizes. Dimmick suggested that at the same time they judge for the Chamber awards to have a couple of extra categories for the Parks and Rec Department. Frates stated they have 60 to 70 kids in their program not counting the Boys and Girls Club and other programs in the city. Mayor Williams noted it gives children more respect for the community. Dimmick asked what group of kids they would target. Frates suggested the age of kids at the center, 5-13. Frates stated he will take care of flyers, etc. Johnson noted the Dispatch would like to do a story on the Beautification Committee. Merle Dean commended Frates for supplying the grass they have needed. Dimmick commented on the help she has received. 7. REPORTS a. Chairperson No report. b. Parks & Rec Frates presented a fanny pack to the Mayor adding that originally that the program had been the Mayor's idea. Frates advised the Mayor of the plan to have people sign up at the Rec Center. Frates noted there are two litter bags and a pair of gloves inside the fanny pack. Frates stated they were hoping to keep track of volunteers and would like to present some type of award at the end of the summer. Frates advised at the last council meeting they were asked to come up with prices to redo the "Welcome to Kenai" sign. Frates stated he has received a couple bids ranging from $1500 to $3200. Frates stated that they have been advised the sign might be out of commission for up to three weeks. Frates updated the group on the handicap accessible park and the article in the paper. Frates advised the park will be on hold and they will be doing a walk through tomorrow night to identify sensitive areas in the park. Frates advised they are hoping the project will be back online soon. Swarner asked if the old restroom will be removed and Frates advised they are considering it. Frates added that at the next Parks and Rec. meeting they will be discussing Municipal Park. Frates advised that when it was closed to tent camping Beautification Committee Minutes Page 4 June 10, 1997 it became an area for juveniles to vandalize the area. Frates noted they will advertise it in the paper and try to get the residents in the area to come to the meeting to put some input into the plan. Overturf asked if Parks and Rec would be mowing the new grass along the highway. Frates advised they will be mowing to the Middle School. Mayor Williams advised a private citizen had been mowing yesterday. Mayor Williams advised that from Walker Lane to Rogers Road is the city buffer area. Mayor Williams advised that Foster is in violation of his contract and is supposed to remove the dirt pile. Mayor added it would be good city policy if the city took care of it's own property. Dimmick asked if Foster had to put in the grass and the Mayor advised yes. Dimmick asked about the area being left as a meadow. Swarner commented she didn't think it would work too well. Mayor Williams advised if it could be coordinated with Fosters in advance to leave a foot of sand and then put grass over it. Swarner commented about the snow machiners using the area. Frates advised the mowing has been discussed all winter long at Parks and Rec. and that some commissioners felt they should get the home owners to mow in front of their property. Frates stated he felt the city has the equipment and should be able to do it in a day or a day and a half. Frates noted it would only have to be mowed once or twice a month. Frates asked the Mayor if he felt to the middle school was appropriate and the Mayor advised he wouldn't go beyond there. Mayor Williams noted he is aware of the house there with the old caterpillar adding he is not sure he wants the city to get involved in another court battle. The Mayor suggested that the neighbors be brought in to embarrass them to clean up their yard. Frates advised they have five trees at Leif Hansen Park that are dead or will be soon. The city has plans to replace those trees. Frates noted they will probably go through Booth's Landscaping because they get a one year guarantee. Swarner commented that she felt the city's roses are doing better than the ones that Booth's planted. Frates noted they are not the same variety. Merle Dean stated if they get some good soil it will make a difference in the longevity of any plant. Frates advised he will be looking at reclaiming the areas around the rose bushes which should help. Swarner asked if they will be using the black plastic edging. Frates stated he will look at it. Frates advised the Welcome to Kenai sign is planted and boxes should be out soon. Overturf asked if they will be covering the trees next winter. Frates stated they are discussing it and feel they can get some help with volunteers. Beautification Committee Minutes c. Council Page 5 June 10, 1997 Mayor Williams drew attention to the Mission Street meeting on the 16"' adding this is a good time to bring the Beautification Committee into it. Mayor advised they have gotten the state to agree to lighting. The Mayor noted if they are interested in reviewing this project for the last time he recommended they attend the meeting. Williiams advised this is a $280,000 project. Frates commented he was glad to see the lights included. Merle Dean commented on the fact that the flowers will be wonderful this year and asked about possibly getting a photographer to volunteer to take photos of the gardens this year. Merle Dean suggested using the photos to make post cards and asked if the Committee could make money off this to purchase new flowers. Mayor Williams, noting that they had decided to freshen up the Kenai video, that they get a contractor online for when the flowers are at their best. Merle Dean noted that women would want to come with their husbands who fish if they could be shown how beautiful the flowers are. Dimmick noted she is having her husband take pictures of her gardens adding he has taken some beautiful pictures this year. 8. QUESTIONS AND COMMENTS Johnson asked whatever happened with the benches. Dimmick advised she still has the project to finish with five benches. Frates stated he has eight. Johnson asked that some of the benches be placed near the senior center so the seniors wouldn't have the long walk. Johnson noted that some of the seniors are becoming very frail adding one of the residents will be 92. Johnson commented on how cold it is in the wind on the one side of the center. Johnson also stated that someone had asked her to check on Oilers' Park adding that it needs grooming. Frates stated that had been brought up at the Parks and Rec meeting. Frates stated that the Oilers are not interested in doing much adding he feels it is the Oiler's responsibility since they are leasing the property. Johnson stated that she thought they should write them a letter. Frates stated perhaps they could help them with it but that the city shouldn't take full responsibility. Frates stated that he thought it would be about two weeks before the benches would be ready and that he would get with Johnson about placement. Johnson noted she would be gone on vacation and Dimmick asked her to suggest someone they could ask about placement. Johnson suggested Freda. Dimmick asked Frates if they could meet around lunch one day next week to plan for bench placement. Beautification Committee Minutes 8. INFORMATION a. Parks & Rec. Commission Minutes of May 1, 1997 b. City Council Agenda (5/7/97) 10. ADJOURNMENT Meeting adjourned at approximately 6:35 p.m. Respectfully submitted: Ma ilyn Kebschull Administrative Assistant Page 6 June 10, 1997 C4 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 4, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://wwx.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 Scott/Colleen Ward - Kenai Economic Outlook Forum Summary. 2. Jerry Stock - New Castle Builders/Water and Sewer Service to Lots 1 and 2, Pinewood Subdivision. C. PUBLIC HEARINGS 1. ordinance No. 1742-97 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998. a. Consideration of Ordinance No. 1742-97. b. Consideration of SUBSTITUTE Ordinance No. 1742-97. 2. Ordinance No. 1743-97 - Amending the Kenai Municipal Code to Prohibit the Issuance of Additional Kennel Facility Permits in Certain Zones Within the City Limit. 3. Ordinance No. 1744-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b) to Include the Definition of "Cabin Rentals." -1- 4. Ordinance No. 1745-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b)(36) to Change the Definition of "Guest Room" to Allow for One or More Persons. 5. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project Fund. 6. Ordinance No. 1748-97 - Increasing Estimated Revenues and Appropriations by $567 in the Senior Employment Special Revenue Fund. a. Motion for Introduction. b. Motion for Second Reading (Requires a Unanimous Vote). C. Motion for Adoption. 7. Ordinance No. 1749-97 - Increasing Estimated Revenues and Appropriations by $436 in the Council on Aging Special Revenue Fund. a. Motion for Introduction. b. Motion for Second Reading (Requires a Unanimous Vote) . C. Motion for Adoption. 8. Resolution No. 97-29 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998. 9. Resolution No. 97-30 - Transferring $1,500 in the General Fund for the Purchase of Office Furniture for the City Clerk's Office. 10. Resolution No. 97-31 - Awarding a Contract to Peninsula Roofing for the Project Entitled, "Kenai Public Safety Building - Roof Repairs - 1997" for the Total Amount of $131,311.00. 11. Resolution No. 97-32 - Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Vending Machine Concession to Tyler Distributing Company, Inc. 12. Resolution No. 97-33 - Supporting the State of Alaska, DOT/PF in Its Effort to Properly Construct Pedestrian and Bike Paths Along State Highways, and Accepting Seasonal Limited Maintenance of the Paths Within the City Limits by the City of Kenai. 13. Resolution No. 97-34 - Transferring $7,000 in the General Fund for Contracted Services of the Interim City Manager. -2- 14. Resolution No. 97-35 - Awarding a Three Year Contract for Natural Gas to Aurora Gas, Inc. 15. Resolution No. 97-36 - Transferring $1,800 in the Airport Land System Fund for Repair of Air Handling Unit. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of May 21, 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. 1747-97 - Finding That Certain Foreclosed City -Owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are Not Required for a Public Purpose. 4. *Ordinance No. 1750-97 - Increasing Estimated Revenues and Appropriations by $2,750,000 in the Kenai ARFF Capital Project Fund to Finance Phase I of the Project. 5. Discussion - Schedule Goals & Objectives Work Session. -3- 6. Discussion - Leif Hansen Park/Damaged Trees and Shrubs/Limit Varieties to be Planted. 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 J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -4- KENAI CITY COUNCIL - REGULAR MEETING JUNE 4, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://VWW.Kenai.not/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. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams, and Swarner. Absent were: Bookey and Moore. A-5. AGENDA APPROVAL Mayor Williams reported he had no changes to the agenda. MOTION: Councilman Smalley MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams noted he had no changes to the Consent Agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Kathy Scott/Colleen Ward - Kenai Economic Outlook Forum Summary. Kathy Scot - Thanked council for the opportunity to work on this and other city projects throughout the year. She felt the Forum was a chance for the city to talk to the citizens and visa versa. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 2 She explained, the Forum was developed through a collaborative effort between herself and Colleen Ward. Scott requested Ward to continue with the summary. Colleen Ward - Ward briefly reported on the development of the Forum, as well as the summary which had been distributed in the packets. Ward identified the outcomes of the Forum to be: • City leaders gain knowledge of Forum participants (needs as business and community members, ideas on role of city government in addressing identified needs.) • City leaders gain prioritized suggestions regarding the future direction of Kenai in terms of balancing revenues and spending and economic diversification. • Participants gain an understanding for the economic overview of the City of Kenai. Participants gain an opportunity to make their suggestions and concerns known and experience being heard by the city leaders. • The community of Kenai benefits from participation of citizens and leaders collaboratively working toward a healthy, vital and enterprising economic future. Ward distributed a "Collective Perspective of Participants" to council which further described information garnered from the Forum's participants in regard to planning, cooperativeness, development (infrastructure, recreation marketplace and financial strategies) and promotion. Williams thanked Scott and Ward and stated the Forum was well presented and council would be using the information during their goals and objectives discussions. B-2. Jerry Stock - New Castle Builders/Water and Sewer Service to Lots 1 and 2, Pinewood Subdivision. Stock referred to his letter which was included in the packet. In his letter, Stock explained that he is a builder and through his business, New Castle Builders, he purchased lots in Pinewood Subdivision (corner of Linwood Lane and Kaknu) on which to build single-family homes. Stock reported, he purchased the lots through Preferred Realty and at the time of purchase, he KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 3 understood (from the realtor) Lots 1, 2 and 4 were served with utilities and Lots 5 and 6 did not due to lack of street access. Stock continued, he walked the properties prior to purchase, but did not find water risers on Lots 2, 3 and 4. Because the lots were platted in the early 701s, he thought the risers could have been knocked off or buried. He now has sold homes to be built on Lots 1, 2 and 4. Upon excavation to install water and sewer, he discovered there was no water and sewer stub outs for either Lots 1 and 2. He requested the city pay for the cost of placing the stub outs as he believed the city misinformed the realtor when she was told there was water/sewer stub outs to the properties. City Manager Ross reported he discussed the matter with Mr. Stock and it was his understanding the services were placed in 1969 and/or early 701s. The property was then and is still raw land. There were no actual hook-ups of any sort. He also spoke with the realtor, Anna Johns. Ross stated, it was his understanding that when Ms. Johns called city hall, she asked if water and sewer was available or accessible to these lots. If the call had been placed to the city today, the answer would have been yes because water and sewer lines run down the road. The city wouldn't know if they had been placed. When a water and sewer line goes in, the owners of the properties are notified to contact the city to say where they want stub outs and where they want water and sewer placed. If a raw -land owner did not respond (and that's what the city believes occurred here), the city would not know if the owner had placed stub outs on the lots because it is raw land. Stock noted he understood this was an old subdivision and there were stub outs on Lots 2, 3, and 4. He asked why there was no stub out on Lot 1. Ross answered, he did not know what the owner did at the time because, when the lines are placed, the contractor laying the lines can make deals with the owners in regard to placing the stub outs or the owner can hire a contractor of their own to place the stub outs. Where they are placed is not reported to the city. Ross added, before the road was paved in 1988, letters were sent out to the property owners who were requested to respond in regard to placing stub outs. The record shows no response from the owner (or in this case, the executor) of the Pinewood properties. Ross also noted he knew of no regulation that KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 4 required an owner of raw land to place stub outs. There was a requirement that if there was a residence, they were required to hook up. Stock stated he didn't understand how the property could be designated raw land when he found utilities on three of the six lots in the subdivision. Ross replied, the city doesn't know what the owner did or why he did or didn't do it. Public Works Director Kornelis stated, it was 1970 when the water lines were placed. There is no record of service lines placed to the lots, but he knows they were because they are all around there. He has only the drawings from the project (no specifications). He added, he didn't think the service lines were placed by the city. Kornelis continued, in 1973, the sewer interceptor line was placed. He assumed sewer was placed to the lots then, but he has no record by whom. There is no record on the interceptor line drawings of service lines to the lots. He talked with the consulting engineer, Phil Bryson, and he thought the city may have contracted with Doyle Construction to put in services, but he wasn't sure who paid for the services. The roads and water/sewer were improved in that area in 1984. At that time, surveys were sent to property owners asking them about stub out placements for water/sewer services and driveways. There was no answer from the owners of the lots they were no discussing. Stock asked if there was no requirement to have an owner to place stub outs prior to paving. Kornelis answered no, but it is a preference. In 1988, when the paving was done, there were some service lines placed, but he thought they may have been placed in 1970 when all the others had been placed. Kornelis noted, Lot 2 has water to it, but they haven't been able to find sewer to it. They haven't been able to find if Lot 1 has water or sewer. Councilman Smalley asked if the city had represented to the realtor that the lots were fully serviced before the sale. Stock stated he didn't know what else the realtor could have done, other than asking the city if the properties were served. He believed, in good faith, the realtor told him what she had been told by the city. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 5 Anna Johns - Ms. Johns stated she telephoned the city, but didn't write down the name of the man to whom she spoke but it was someone in the water and sewer department. She gave the legal description of the property and asked if there was water and sewer to the lots. She was told there was. She asked how would he know and he answered, the contractor would know but there are stub outs. She asked, then there is water and sewer and he answered yes. She added, after talking with Ross this year, he told her she should have asked if they were street side. She didn't know to ask that, she only asked if there was water and sewer to the lots. Johns continued, when the notices and surveys were sent out, the owner of the property was dead. The property had been subdivided for a very long time. She added, she thought it seemed odd the lot in the middle was the only one without a stub out when there is water and sewer on both sides. Councilman Bannock asked Johns if the owner had asked about the accessibility of water or sewer stub outs or service lines. She answered, yes, while the property was in probate. Councilwoman Swarner noted someone had to have been paying the taxes. Johns stated she believed the taxes were paid through the probate. Swarner noted, probate could pay the taxes, but not answer questionnaires. Johns answered, she didn't know how that worked. She did know, however, she had to have court approval in order to sell the lots. Once the offer came in, the executor had to have the court's approval. Swarner asked if the taxes were current on the property when it was sold and Johns answered yes. Williams stated he knew the previous owner who was somewhat of an eccentric. He owned the property for many years and it had been subdivided in the late 601s, early 701s. Williams noted, that if all the lots in a row were subdivided on Linwood and all got water and sewer except Lot 1 and sewer on Lot 2, he would think there was a mistake in communication with the contractor. Bannock commented, that after review of the information and this meetings' conversation, he thought there were no rules that required the stub outs. What concerned him was the representation: Where did the information come from that produced the decision? and, whether it was good or bad information. If the city is responsible for giving out bad KENAI CITY COUNCIIL MEETING MINUTES JUNE 4, 1997 PAGE 6 information, he felt the city should accept responsibility for it. He added, this was the only issue to be determined. Ross stated he didn't know if bad information was distributed other than they were trying to reconstruct a conversation from over one year ago between Mrs. Johns and a city employee. The way Mrs. Johns asked him if there was water and sewer to the lot, he would have said yes because the water and sewer is available. Mr. Stock bought the lots believing the stub outs were there and at this point, at whose expense should they be installed, if they are to be installed. It is difficult to reconstruct the conversation. He spoke with city employees and presented the questions as much like what Mrs. Johns stated them. Nobody could remember the conversation. The question is one that is typically asked and answered yes, i.e. water and sewer is available to the lot. That is what Mrs. Johns represented to Mr. Stock. There was no attempt to mislead on the part of an employee. Swarner asked if maps were kept of lots that are stubbed out. Kornelis answered no, unless the city installs the stubouts as part of a city project. The installation of stubouts is up to the developer. The code states, its the responsibility of the property owner to know where the curb stops and valves are on the property. The only time the city has a record is if the information is turned in as part of the building and curb information. Then it is included with the building file. Kornelis added, the only requirement is that the valve has to be on the property line so that the city can get to it. Where it is placed on the property line is the decision of the property owner. Bannock asked, then the right question to ask the city would be, "is there a stub out to this particular piece of property?" and then the city can answer the question as, "we don't know" or "yes, there definitely is." Kornelis added, to answer yes, would require a lot of research by reviewing the drawings and specifications. Bannock noted, there is a difference between asking if a lot is stubbed out and if sewer and water is available. Anna Johns - Stated that during her conversation last year, where there was sewer and water to the lots was part of her question. She added, she also asked how do you know and was told, there would be stub outs and a contractor would know where they are. Ross stated, the solution would be to change the code and require stub outs be placed to all platted lots. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 7 Stock stated, if it has to do with financing, he made an offer to the city to purchase four Evergreen lots at $9,500 each. Williams noted, he appreciated Stock taking an interest in the city to purchase the Evergreen lots. It represents an investment in the city. Swarner noted that Stock has cleared most of the property while looking for stub outs. She asked if there was any way to find them if they are there. Kornelis answered, a metal detector may find it within a certain range. However, if the pipes are AC pipe, a metal detector wouldn't be able to find them. Williams stated he personally felt the city should make a policy statement that, in this particular instance, it was the responsibility of the city to hook up water and sewer to that property. He added, the council could make such decisions on an individual basis when problems of this nature arise. There have been other instances in the past where the city has chosen to take actions such as this. City employees do their best with the information available. Some of the old projects lack information and detail. Smalley stated, the lots have not been assessed for having water and sewer. Ross stated, the property would be assessed whether there is a stub out or not as part of an assessment district. Williams stated, if the property had been paying property tax for the last 30 years based on a value with water and sewer to the property, it is another issue. Measles noted, there is no difference in assessment whether a line runs down street or stubbed to a lot. If water and sewer is available, the property is assessed as having water and sewer. Kornelis noted he checked with Finance and learned there was an assessment for paving, but not for water and sewer. Smalley asked what the cost would be to have the city place the stub outs. Kornelis answered, a guess would be as high as $5,000-$6,000 due to possibility of de -watering or asphalt surfacing. There is a possibility water could be tied in on the same side of the road. Kornelis added, there would be two curb stops and the work would have to be contracted out. Swarner stated, it was not the city's policy to force the property owners to place stub outs and did not feel the city should pay for placing the stub outs to the lots. Smalley added, the city did attempt to contact the property owner. The city has KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 8 no control over the fact the owner was deceased or the executor of the estate did not respond to letters, etc. Anna Johns - Asked if in the 1970's, if water and sewer came through an area, a property owner had to hook up to it. Williams answered, that is only in the case of property with a structure on it which uses water and sewer. There are no requirements in regard to vacant land. Williams stated the matter was closed due to no further action from council. He added, he appreciated Stock wanting to do business in the city, but the city could not assist him in placing water and sewer to the lots. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1742-97 - Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998. C-1a. Consideration of Ordinance No. 1742-97. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1742-97 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Measles noted the substitute and asked what the difference was between the ordinance and the substitute. Finance Director Semmens explained the substitute ordinance noted a reduction of $150,000 in the General Fund and $178,000 overall. The difference was due to a reduction in the PERS rate. C-lb. Consideration of SUBSTITUTE Ordinance No. 1742-97. MOTION TO AMEND: Councilman Measles MOVED to substitute Ordinance No. 1742-97 with the ordinance marked C-lb (the substitute ordinance). Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 9 VOTE ON MAIN AMENDED MOTION: Measles: Yes Bannock: Yes Williams: Yes Bookey: Absent Moore: Absent. MOTION PASSED UNANIMOUSLY. BREAK TAKEN: 8:00 P.M. BACK TO ORDER: 8:14 P.M. Smalley: Yes Swarner: Yes C-2. Ordinance No. 1743-97 - Amending the Kenai Municipal Code to Prohibit the Issuance of Additional Kennel Facility Permits in Certain Zones Within the City Limit. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1743-97 and Councilman Bannock SECONDED the motion. Deniece Issacs - Ms. Issacs spoke on behalf of herself and for the Kenai Kennel Club and noted her letter was included with the ordinance in the packet. The letter explained the ordinance would stop all future kennel licensing within the Suburban Residential 2, Urban Residential, Inlet view Subdivision and Townsite Historic Zones. Issacs explained she is a dog lover and has a kennel license. She has had two to four dogs since moving into the Woodland Subdivision and has never received a complaint. Issacs stated, the licensed kennel owners are not the problem. Those initiating the ordinance are those who don't adhere to animal regulations. She added, if the ordinance was approved and included in the code, it would not be fair to the people who take good care of their animals. Many of the kennel permittees are those who have show dogs and breed show dogs. They are willing to allow inspections at any time and take very good care of their animals and their property. She added, the ordinance wouldn't solve any animal problems but would give less control because the people who don't care about animal regulations, won't apply for a license. Councilman Smalley noted the statement in the fourth paragraph of Issacs' letter summarized the discussion at the Planning & Zoning level. I:t read, KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 10 The City's dog problems & concerns do not lie in Kennel Licensing but in the Chapters 3.05 & 3.10 control of neglected, stray, abandoned and vicious dogs, who are not cared for or trained and the people who own them let them run loose, these are the types of residents that do not follow any rules or respect others. Michael Christian - 613 Maple Drive, Woodland Subdivision. Christian stated this was not an issue of dog lovers or dog haters. The problem was that people have taken in more than three dogs in a small -lot subdivision such as Woodland. With that, there are barking and sanitation problems. There have also been complaints which is why the ordinance came forward. Mayor Williams asked Christian, with the proposed new kennel licensing program, would a person still be permitted to keep more than three dogs. Christian answered no. He added, in the zones noted in the ordinance, a person could have as many as three dogs, but not four. A kennel permit would not be attainable in the noted zones. Animal Control Officer Godek - Godek stated there are nine permits issued at this time. One in a Rural Residential zone and eight in RS1 zones. Godek continued, at this time there were no zone restrictions for permits, other than boarding kennels. A kennel permit could be attained anywhere in the city as long as the property met the criteria and there were no objections from neighbors in regard to barking and sanitation. Smalley asked if there was citations to kennel permit barking dogs or sanitation code speaks to those types process for appealing loss holder may also apply for a appeal may be heard before council, and on to District VOTE: Measles: No Williams: No Moore: Absent. MOTION FAILED. a system now in place for issuing owners if he received complaints of problems. Godek answered yes, the of problems and allows for a hearing of permits, etc. He added, the permit hearing to keep a kennel license. An a hearing officer, to the city Court if desired. Bannock: No Smalley: No Bookey: Absent Swarner: Yes KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 11 C-3. Ordinance No. 1744-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b) to Include the Definition of "Cabin Rentals." NOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1744-97 and Councilwoman Swarner SECONDED the motion. Joe Lee, Kaknu Way - Lee stated it was his understanding the P&Z Commission was recommending the ordinance would allow rental cabins in an RS zone with a conditional use permit. Smalley stated, another ordinance would probably be coming forward which would define what is allowable in the different zones and what would require a conditional use permit in the various zones. Ordinance No. 1744-97, now before council, would add language to define cabin rentals. They are two separate issues. Lee stated, he understood this ordinance would include what would require conditional use permits in an RS zone. He added, he would protest the cabins (referring to those built close to his home and previously discussed by council) even with a conditional use permit. A, short discussion followed regarding the cabins built close to L�ee's property. City Manager Ross noted, there was a possible business use of the property and an obstruction of the right-of- way. Attorney Graves stated the definition was formulated to be added to the code because of the problem with the small buildings built close to Lee's property. There was nothing in the code prior to this to define what is a cabin rental. He added, the P&Z Commission was now reviewing and updating the land use table in order to avoid ambiguities. The ordinance discusses short-term rental of cabins which would not interfere with the rental of a house on a long-term lease. Lee added, he wanted to object to cabins being allowed in an RS none even with a conditional use permit. Richard Rutherford - Rutherford stated he understood cabins could not be rented in any city zone on a daily basis. He thought cabins had to be rented on a monthly basis. Rutherford added, he lives on Kaknu and has talked with the owner of the small KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 12 buildings in question. The owner told him he would be renting the buildings on a daily basis as a commercial use of the property. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Absent. MOTION PASSED UNANIMOUSLY. C-4. Ordinance No. 1745-97 - Amending the Kenai Municipal Zoning Code 14.20.320(b)(36) to Change the Definition of "Guest Room" to Allow for One or More Persons. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1745-97 and Councilman Measles SECONDED the motion. There were no public comments. Attorney Graves explained, the definition of "guest room" would be included in the hotel/motel definition of the code and would not involve guest rooms in individual homes. Williams noted the definition designated the type of structure to which it referred (hotel, dormitory, boarding or lodging house). VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Absent. MOTION PASSED UNANIMOUSLY. C-5. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project Fund. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1746-97 and Councilman Smalley SECONDED the motion KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 13 There were no public or council comments. City Manager Ross requested action on the ordinance be postponed until the June 18, 1997 council meeting. MOTION: Councilman Smalley MOVED to postpone action on Ordinance No. 1746-97 until the June 18, 1997 council meeting. Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. C-6. Ordinance No. 1748-97 - Increasing Estimated Revenues and Appropriations by $567 in the Senior Employment Special Revenue Fund. C-6a. Motion for Introduction. EIcsI4 CO) �F Councilwoman Swarner MOVED for introduction of Ordinance No. 1748-97 and Councilman Smalley SECONDED the motion. Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6b. Motion for Second Reading (Requires a Unanimous vote). MOTION: Councilman Measles MOVED for the second reading of Ordinance no. 1748-97 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. C-6c. Motion for Adoption. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1748-97 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. Acting Director Kelso explained introduction and passage of Ordinance No. 1748-97 was required in one meeting because the funds were received for summer employment and needed to be spent prior to the end of the year. She added, introduction and passage of Ordinance No. 1749- 97 in one meeting was required because the funds would be used by she and the Director to attend a workshop next week. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 14 VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Absent Swarner: Yes Moore: Absent. MOTION PASSED UNANIMOUSLY. C-7. Ordinance No. 1749-97 - Increasing Estimated Revenues and Appropriations by $436 in the Council on Aging Special Revenue Fund. C-7a. Motion for Introduction. MOTION: Councilwoman Swarner MOVED for introduction of Ordinance No. 1749-97 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. 80 ORDERED. C-7b. Motion for Second Reading (Requires a Unanimous Vote). MOTION: Councilman Smalley MOVED for the second reading of Ordinance No. 1 1749-97 and Councilwoman Swarner SECONDED the motion. There were no objections. 80 ORDERED. C-7c. Motion for Adoption. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1749-97 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Measles: Yes Bannock: Yes Smalley: Yes KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 15 Williams: Yes Bookey: Absent Swarner: Yes Moore: Absent. MOTION PASSED UNANIMOUSLY. C-8. Resolution No. 97-29 - Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 1997 and Ending June 30, 1998. ["IC*10 4cel�E Councilman Measles MOVED for adoption of Resolution No. 97-29 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-9. Resolution No. 97-30 - Transferring $1,500 in the General Fund for the Purchase of Office Furniture for the City Clerk's Office. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-30 and Councilwoman Swarner SECONDED the motion. Councilman Smalley requested UNANIMOUS CONSENT. There were no public or council comments. FI�C•I0 ►F;1%11 Councilman Bannock MOVED to amend the resolution in the first whereas, removing the words "in order for the work station to be more ergonomically safe" and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MOTION AS AMENDED: There were no objections. SO ORDERED. KENAI CITY COUNCIL, MEETING MINUTES JUNE 4, 1997 PAGE 16 C-10. Resolution No. 97-31 - Awarding a Contract to Peninsula Roofing for the Project Entitled, "Kenai Public Safety Building - Roof Repairs - 1997" for the Total Amount of $131,311.00. MOTION: Councilman Smalley MOVED for the adoption of Resolution No. 97-31 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-11. Resolution No. 97-32 - Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Vending Machine Concession to Tyler Distributing Company, Inc. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-32 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-12. Resolution No. 97-33 - Supporting the State of Alaska, DOT/PF in Its Effort to Properly Construct Pedestrian and Bike Paths Along State Highways, and Accepting Seasonal Limited Maintenance of the Paths Within the City Limits by the City of Kenai. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-33 and Councilwoman Swarner SECONDED the motion. There were no public comments. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 17 Objections were noted from council in regard to the term "accepting seasonal limited maintenance" of the paths within the city limits because they felt the paths were not properly constructed by the state. Ross explained, the only maintenance to be done by the city would be the sweeping and removal of surface debris. Swarner stated she was concerned "seasonal maintenance" might :include repairing of cracks, etc. which is not the intention of the city, but didn't feel the resolution made -it clear. Ross referred to Section 2 (of the resolution) for the definition of what the city would do. Swarner added, she thought the resolution should include a statement as to what condition the paths are in and that the city does not accept that condition. Ross explained, the resolution was pointed toward the continuation of the Unity Trail and a similar resolution had already been passed by the Borough and City of Soldotna. To make a condition statement would also make a condition statement on what is to come. The city does support the state in providing good trails and recognizes the ones they have are not good. Ross added, the city is not accepting responsibility for crack maintenance or structural failure. Councilman Measles asked if deleting "limited maintenance" and :insert, "and accept responsibility for sweeping and surface debris removal of trails during a specific time period" would remove council's concerns. Measles added, he was also concerned that in the future, the state could construe "maintenance" to mean the city accepted responsibility for repairing or replacing asphalt. Or, the state may say the path is in the condition it is because of the way the city maintained it. Williams requested the resolution be returned to administration for a complete review and rewrite. Smalley stated his support of Measles' comments. He added, he thought removing the word "maintenance" and specify what the city will do would be better. He was also concerned the word "maintenance" and if the city placed some sort of equipment on the path, would be construed by the state that the city caused the damage. Bannock reminded council he stated the same concerns two years ago. He has ridden the path and the only places where there is no damage is where the path is attached to the road. He added, he supports sidewalks and streetlights, but not bike paths. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 18 There were no objections from council to have administration rewrite the resolution. C-13. Resolution No. 97-34 - Transferring $7,000 in the General Fund for Contracted Services of the Interim City Manager. MOTION: Councilwoman Swarner MOVED for adoption of Resolution No. 97-34 and Councilman Smalley SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-14. Resolution No. 97-35 - Awarding a Three Year Contract for Natural Gas to Aurora Gas, Inc. MOTION: Councilman Smalley MOVED for adoption of Resolution No. 97-35 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-15. Resolution No. 97-36 - Transferring $1,800 in the Airport Land System Fund for Repair of Air Handling Unit. MOTION: Councilman. Measles MOVED for adoption of Resolution No. 97-36 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 19 VOTE: There were no objections. 60 ORDERED. ITEM D: CONNISSIONJCOMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported the Senior Center's newsletter was included with council's packets. The next Council on Aging meeting was scheduled for Tuesday, June 10 at 10:00 a.m. D-2. Airport Commission Councilman Measles reported the Commission would meet on Thursday, June 12, 1997. Airport Manager Ernst passed out draft copies of the Airport Master Plan. Ernst reported a public ;hearing on the Plan would be held during the Airport Commission's meeting on June 12 and requested council to review the Plan and invited them to attend the public hearing. Ernst pointed out in the Plan the $2.3 million project to extend taxiway north. He added, the purpose of the extension is to allow planes to taxi to the north end of Runway 19 instead of of back taxiing on the runway. The extension will also allow the proper distance for take off for fully -loaded planes. D-3. Harbor Commission Public Works Director reported the next meeting was scheduled for Monday, June 9, 1997. D-4. Library Commission Librarian DeForest report the annual Friends of the Library Book Sale had started and would continue through Friday. Also, registration for the summer reading program had begun. D-5. Parks & Recreation Commission Councilman Bannock reported the next scheduled meeting would be held on June 5, 1997. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 20 D-6. Planning & Zoning Commission Councilman Smalley reported the Commission met on May 28 and the minutes of the meeting were included in the packet. Smalley reviewed actions taken by the Commission. He noted, the Commission requested some thought be given to designating one of the ten foreclosed lots in Inlet Woods (to be made available for sale) for a city park in that neighborhood. Smalley noted the word "bonfire" on page 5 of the minutes should be changed to bona fide. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Councilwoman Swarner reported volunteers were busy planting the various city flower beds. She added, the next meeting was scheduled for Tuesday, June 10. D-7b. Historic District Board No report. Minutes of the previous meeting were included in the packet. D-7c. Challenger Board Bill Popp - Introduced himself as the new Project Coordinator of the Challenger project. He reported he, with Mayor Williams, Kathy Scott and Representative Hodgins, met with Alaska Science and Technology Foundation representatives to discuss the requested $1.5 million in funding for the project. The discussion was to indicate what they wanted included in the project, and how they could gain the maximum amount of money. Hodgins has stated he would like to sit in on future meetings and Senator Torgerson has stated his interest in securing funding and will be following their progress closely. He also aware of support from Representatives Phillips and Davis, as well as Senator Ward. Popp also reported the Fourth of July Parade would be centered around the Challenger Program. The Parade Marshall will be Astronaut Pete Conrad, who will also be participating in the Kenai River Classic. Popp noted, the Challenger office space is being provided by MAPTS as well as :Limited support staff. Their phone number is 262-7123. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 21 Popp reported, he is also President of the Sears Elementary School PTA and thanked the city for their donation to the upgrading of the playground at the school. He added, they have had discussions with Borough Administration and are aware funds had been included in the school district budget for upgrading of playgrounds in the district. They are hoping to receive funds from the district to complete the upgrade which they hope, will include placing topsoil and planting grass. In regard to the CCRC issue, Popp reported the ordinance came before the Assembly and was tabled until August 5. This will allow a task force of Assembly members to review the matter and develop a more definitive ordinance. Williams stated, should the Borough determine that it should be in its purview to enter into a government -to -government agreement, they should address the Kenai City Council with the issue before a decision is made at the Borough level. Popp agreed, and stated, there had been no discussion on the task :force of which he was aware. :Popp also reported the Assembly had passed a revision of their Board of Adjustment codes in an effort to make them more user friendly. Popp also thanked council for their donation to the Challenger. D-7d. Kenai visitors & convention Bureau Board Williams reported he met with the new director of the KVCC and discussed the upcoming AML board meeting. 'D-7e. Alaska Municipal League Report Councilman Smalley reported he received a phone call from AML in regard to the Board meeting scheduled in Kenai for August. Smalley suggested they talk with Clerk Freas. Freas reported she forwarded a list of the four motels in the city and suggested they check with the KVCC for a listing of bed and breakfasts in the area. ITEM E: MINUTES E-1. Regular Meeting of May 21, 1997. Approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 22 ITEM F: None. ITEM G: OLD BUSINESS None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500 and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. H-3. Ordinance No. 1747-97 - Finding That Certain Foreclosed City -Owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are Not Required for a Public Purpose. Introduced by consent agenda. H-4. Ordinance No. 1750-97 - Increasing Estimated Revenues and Appropriations by $2,750,000 in the Kenai ARFF Capital Project Fund to Finance Phase I of the Project. Introduced by consent agenda. H-5. Discussion - Schedule Goals & Objectives Work Session. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 23 Williams suggested council proceed with a goals & objectives work session in the near future while the information from the economic forum was still fresh. Smalley reported he would be out-of-town the month of July. Ross explained, he thought council should move ahead with the goals and objectives work session, but suggested they consider the summer work schedule in regard to project activities as may be difficult for some department heads to give it their full attention. He suggested delaying the work session until after the peak of the season. Williams suggested bringing the matter forward on the July 16 agenda for discussion. Council agreed. H-6. Discussion - Leif Hansen Park/Damaged Trees and Shrubs/Limit Varieties to be Planted. Councilwoman Swarner stated she was concerned there was damage being done to a number of plantings at the park from both moose and maintenance equipment. She felt the city should take the responsibility of replacing some of the plantings. She also suggested some of the plantings be moved back from the sidewalks to allow more growth room, as well as maneuvering equipment to clear snow from the sidewalks for the Veterans' Day service, etc. Swarner also suggested some of the choices of plantings be eliminated and replace them with choices that moose don't like as much. Clerk Freas noted she spoke with the landscaper before the meeting and asked for suggestions of plantings less liked by the moose. She was told the only plantings the moose don't eat are Colorado Spruce. There are others of which they are not fond, but will still damage. She added, the landscaper suggested wrapping the plantings in the fall. It takes two people with a ladder approximately 15 minutes to wrap a tree. The landscaper will also do the wrapping at a cost of $15 a tree. Parks & Recreation Director Frates stated he strongly encouraged council to not limit the varieties of plantings in order that the park doesn't end up with only one type of planting. He suggested they investigate covering the trees in the fall instead. MOTION: Councilwoman Swarner MOVED that administration replace the trees or shrubs that require replacing because they are no longer KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 24 growing or existing in the place where they were planted and the funds be taken out of the council funds. Swarner withdrew the motion. MOTION: Councilwoman Swarner MOVED to have administration come up with a plan in regard to the plantings at the park and Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. Swarner requested those owners of the damaged plantings be contacted and request a second choice of a planting (for replacement). She also suggested the Clerk advise persons wanting to purchase a plaque and planting of the problems with some plantings, etc. EXECUTIVE SESSION - None Scheduled. ITEM I: ADMINISTRATION REPORTS I-1. Mayor No report. I-2. City Manager Dirt Pile - City Manager Ross reported he has received inquiries in regard to the removal of the sand stored by Foster Construction between the Spur Highway and Lawton Drive. He has contacted Foster Construction and they told him the material will be moved to either their pit or another project. They will seed the area after the soil is removed and it will be done this season. Proposed Land sale/Inlet Woods - Ross noted the ordinance determining the ten lots in Inlet Woods not needed for public use was introduced at Item H-3. He requested council call with comments or questions prior to the next meeting. If there is a common theme in their concerns, he would be better able to address them and offer an alternative to be included in the packet. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 25 Conflict of Interest - Ross noted he has reported to the City Engineer, Finance Director and Attorney Graves that may have a conflict of interest in the upcoming ARFF project. He :requested any concerns or discussions on the project be taken to the Attorney and Finance Director to handle as much as possible. Jerry Stock/Evergreen Lots - Ross referred to Mr. Stock's earlier discussion in which he mentioned he had made an offer on some city lots on Evergreen. Ross added, council had directed administration to put signs on the Evergreen property and state, "for sale at $11,000." Stock's offer was below the $11,000. Ross stated, unless council directed him otherwise, he would have a resolution in the next packet for council's consideration to sell the lots to Stock at a negotiated price, probably below the $11,000, in hopes to get the property developed. An alternative would be to have appraisals done and see if Stock is still interested. Special use Permit - Ross reported a special use permit was requested by Snug Harbor Seafoods for boat storage at the boat harbor. The proposal will be reviewed by the Harbor Commission on June 9 and a copy of the permit has been sent to BLM to determine whether such use is allowable (the dock property patent prohibits the property to be used for anything but a small boat landing facility). No response has been received from BLM at this time. I-3. Attorney Attorney Graves reported he would be out-of-state on personal leave for a week, beginning Friday. I-4. City Clerk - No report. I-5. Finance Director Banking RFP - Finance Director Semmens noted, included with the council's packet was a copy of the RFP for banking service which they requested to review prior to the RFP being distributed. Semmens requested council to review the RFP and contact him with questions or comments. He hoped to begin distributing the RFP on June 12. Kenai Peninsula Coalition Meeting - Semmens reported he attended the morning meeting of the Coalition on Wednesday at which they discussed the personal property tax. He added, he didn't expect any changes to be made. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 26 I-6. Public Works Director Mission Street Public Hearing - Public Works Director Kornelis reported a project hearing would be held on June 16 at 6:00 p.m. in the council chambers. He added, it appeared favorable to receive federal funding for lighting, but not for paving of Alaska Avenue. Forest Drive Neighborhood Workshop - Kornelis reported a workshop would be held in regard to the Forest Drive upgrade on Wednesday, June 18 from 6:00 - 7:00 p.m., immediately before the Planning & Zoning Commission meeting. The DOT representative would also be available for comments and questions on Thursday morning at city all. Animal Shelter - Kornelis reported the plans and specifications for the animal shelter would be available on June 9. The bid opening was scheduled for June 10. Councilman Smalley asked about four feet back from the curb on Kornelis explained HEA would be underground service lines. I-7. Airport Manager the survey stakes placed about both sides of Stellar Drive. doing an upgrade of their Airport Manager Ernst reminded council of the public hearing on the Airport Master Plan scheduled to take place during the June 12 Airport Commission meeting. Ernst then passed out copies of the Plan to the council and requested they review the document and attend the public hearing if they had any questions, etc. ITEM J: DISCUSSION J-1. Citizens None. J-2. Council Swarner - a. Swarner reported the National Advisory Board of Rural Health would be meeting on Monday, June 9, from 10-12 in the Assembly Chamber at the Borough Building. She plans to attend. b. Swarner stated her concern that people were using alcohol in city parks and requested signs be placed noting the KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 27 use of alcohol in city parks was prohibited. Councilman Smalley agreed and Mayor Williams requested administration to investigate a plan. C. Swarner reported she received a comment from a citizen in regard to color in the city water. Kornelis answered, there was only one transmission line from the wellhouse to town so there have been pressure problems. Also, there has been some color because of using Wellhouse No. 2. The Thompson Park area would receive more color because of their proximity to the wellhouse. Kornelis added, because of the dry weather, lots of water was being used. Water was being used from Wellhouses 3 and :2. Kornelis reported, Wellhouse No. 1 was down due to problems because of the well's age. The well will have to be redeveloped. It has better water and color and when its back on line, water pressure will be better. Measles - No report. Bannock - No report. Smalley - Reported he would be out-of-state during the month of July. He also noted there may be another request for a handicapped -accessible project coming before council. This project would be at the lookout above the STP where a concrete slab could be placed for a viewing area for the handicapped. Williams - Spruce street Turnaround - Reported he took his car down to the end of Spruce Street and turned it around with some difficulty. He asked when it would be enlarged. Kornelis answered, he was requested to place a sign noting the area was not large enough for turning around RVs and other large vehicles. The environmental agencies would have to be contacted to see if they felt there would be environmental problems in enlarging the turnaround. Resolution Request - Williams referred to a memorandum, letter and resolution included in the packet at I-1. The information referred to a request from Mark A. Ames of Fairbanks, AK to draft a resolution to "reaffirm the Alaska Statehood Act and its Section 28.(A)(1) 90% Provisions for Alaska regarding oil royalties." Williams asked if council wanted the resolution brought forward for consideration. After a brief discussion, council directed to have the resolution prepared for the next packet. KENAI CITY COUNCIL MEETING MINUTES JUNE 4, 1997 PAGE 28 A similar resolution is to be prepared for the AML Board of Directors meeting in August, as well as the AML Conference in the November. Councilman Bannock suggested when resolutions are requested from outside groups, an effort should be made to represent both sides of the issue. AXL Board of Directors Meeting - Smalley stated he spoke with AML in regard to the upcoming meeting and suggested they talk with Clerk Freas about arrangements. Freas stated a representative called and asked for hotel/motel information. She prepared a list of hotel/motels in Kenai and suggested, for a listing of bed and breakfasts, they contact the KVCC. Williams reported he spoke with KVCC and they will aid in the preparations for the meeting. ITEM K: The meeting adjourned at approximately 10:52 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk �0 z W J U H z D 0 Q z 0 ~a FE W a w 0 0 z W z 0 H U H 9Ix I0 LL r 0)� rn 06 r- 6 v co 00 rn Off] (Y)i chi 00 N CO �t C') EA 64 fA fA U) Z O Q U U) w F- _J [n m J_ J Q Q H O :5 D U � D D � � O O O O O W Q CD W W a D U) LLJ 0 0 w a- v Z U W 2 2 W CD a. U Z Z U) U) Q U w J w cr cr- w Q � 2 0 U F7 d U I W a_ O C) aq o N w ch O o 0 a o cfl v rn Z_ � � 0 "9 Fr O W J W Z a. Q CO Z Z F- Q a m w CL O cr H H W W w w U) to ti! a > O a a a J U z O U Q W W z x U x O O O h N W N C w 3 W a�0 O ii U) o W0 a' H OW U� J M av ��0000 0 0 0 0 0 00000 0 0 0 0 0 00�000 O 0 0 O 0 Z ���mo ��o �o000 0)�OD'TIq LO�� ���G�(Q 0 0 0 CO CO CO Lo (h f-- of -q N 0 [7 Cl) co � N Q U z z z z z z a z z z z Q U p z Z z p z p D¢ ¢¢ ¢ m m p Q Q m p O Q p Q Q C p Q w p ¢ p p p p a z Q p p z Q z cn ¢ Q ¢ Z O Q Q C� a JQ cr ir Q z z U m a LL a 2 a Z a a a w z d a z IU ai w W w¢ rr U) w W O U w ir w Er w trcr w W x p p a w w a z p J Q F CO z cr O W . W LLJ W-� d' �' Q' Q F- F- F F- J U Z U (n Q a. z Z o � Er O w a O o O O > U U v g O o a; o _' m � ¢W o ai a w � rf Ix Ir z O O O O v~-j z Q vi a Q Q¢ m a a a U> z Q W J Q ix U z M F- J c Q. O U U z F fr F Q W U U) J m W ( p IW F Z w w Z 0 Z U Q ti (n Q > m O U w IW Z O U Z o W U U o U x Z Z _¢ W W m F-z �0 U) W J x J a - a, Q J W Z J a o w UUQ UFrx—M g v X zi Y � Q �W > Z cn O o O W a O a w w � ao a. w cWn a o FZW- ¢ o a� z a J it Z)0 rn rn 00 m a CO -i M CO OD V1 W U � In F LL 0- 2 rn rn O) 0) N w Q o x Z ?U) LL LL rn LL rn LL z LL p rn rn w U° LL LU Q LL LL O Q Y U) 0 W W W U ui o O � U I 2W OQ Z Wo a O z z ly O U y zZ o UJ JU UO Y p W U } W U ui Q QZ z j w vWi a p Z w j? O � Q O J F- J o w m w z z a z p g U ,IL z jw a rn O L z w U t z Q Q _ U) O w cn W > = w Q U= x w 1 Z O (n _3 O U p X 0 w � } z ¢ O 0 U a3 o > U Q U m 0 0 0 w w x Suggested by: Administratio City of Kenai ORDINANCE NO. 1751-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $645,700 IN THE ANIMAL SHELTER CAPITAL PROJECT FUND FOR CONSTRUCTION OF THE ANIMAL CONTROL SHELTER. WHEREAS, the Animal Control Shelter bids are to be opened June 26, 1997; and WHEREAS, the contract award is scheduled for July 2, 1997; and WHEREAS, money to finance the project is available in the fund balance of the Airport Land System Special Revenue Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Airport Land System Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $645,700 Increase Appropriations: Airport Land: Transfers Out $645,700 Animal Shelter Capital Project Fund Increase Estimated Revenues: Transfers from Airport Land System $645,700 Increase Appropriations: Administration $ 1,500 Inspection 19,200 Construction 550,000 Contingency 75,000 $645,700 Ordinance No. 1751-97 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of July, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 18, 1997 Adopted: July 2, 1997 Effective: July 2, 1997 Approved by Finance:_ (6/11/97) kl 4 � Suggested by: Planning & Zoning Commissior CITY OF KENAI ORDINANCE NO. 1752-97 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE CURRENT KENAI MUNICIPAL CODE LAND USE TABLE (KMC 14.20) AND ITS FOOTNOTES WITH THE NEW LAND USE TABLE AND FOOTNOTES (SEE EXHIBIT "A" ATTACHED). WHEREAS, the Planning and Zoning Commission has determined that the Land Use Table was unclear and that all uses allowed and not allowed should be specifically noted in the Land Use Table; and WHEREAS, the Planning and Zoning Commission has determined that some uses should not be allowed in some zones and a designation of "N" ("Not Permitted") should be added to the Land Use Table; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that the Land Use Table (KMC 14.20) and footnotes be replaced with Exhibit "A" attached. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the of July, 1997. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk May 15, 1997 (sp) June 18, 1997 July 2, 1997 August 2, 1997 LAND USE TABLE KEY P = Principal Perrruud Use NOTE: Reference footnotes C = Conditional Use on following pages for S = Secondary Use additional reuncnorns. N = Not Permitted Table 1 of 3 ZONING DISTRICTS LAND USES C RR RR1 RS RSI RS2 RU CC CG II1, IH R TSB RESIDENTIAL i j One Family Dwelling C1° P P P P P P S S' S= S2 P P F Two/Three Family Dwelling C1i P P P P P P S S' C C P P Four Family Dwelling cis P N P N N P S S' C C C P Five/Six Family Dwelling C1° N N P N N P S S' C C C P Seven or More Family Dwelling C16 N N C,' N N P S S' C C C P Townhouses ' Ctb C C C C C C C C C C C C Mobile Home Parks ° N C C C C C C C C C C C N Planned Unit Residential Development ' C1° C C C C C C C C C C C C COMMERCIAL Automotive Sales N C N N N N C P P P P N N Automotive Service Stations N C N N N N C P P P P C N Banks N C N C N N C P P P C C C Business/Consumer Services N C N C N N C P P P C C C' Hotels/Motels N C N C N N C P P P C C P Professional Offices N C N C N N P P P P P C P Restaurants ti C N C N N C P P P C C Retail/Wholesale Business N C N C N N C P P P P C Theaters/ Conunercial Recreation N C N C N N C P P C C P • A• • .. 14 - 65 CITY OF KENAI E:.�.... . K EY P = Pnricipyi Permited Use LAND USE TABLE C = Conditional Use NOTE: Reference foomotes S = Secondary Use on following pages for N = Not Permitted additional restrictions. LAND USES INDUSTRIAL Airports and Related Uses Automotive Repair 1-we Recapping/ Rebuilding Gas Manufacture/ Storage Manufacturingi Fabricating/ Assembly/Storage Warehouses PUBLIC/ INSTITUTIONAL Charitable Institutions Churches Clinics Colleges Elementary Schools Governmental Buildings High Schools Hospitals Libraries Museums Parks and Recreation Sanitariums Table 2 of 3 ZONING DISTRICTS C I RR RR1 TRS RS1 RS2 RU I CC CG IL F IH R TSH L CL N N P N C N N )! N N N N r N C N N 1\ N C T N tC f N C C C C C C p1e pto Pie Pu C C C C C C C EFC C C C C C C C C C C C C C C C C C C C C C C C C C C C C P S S S S C C-r C C C 1 N N C C P P P P C N P P P P NI N N N N C N C N P C9 P C' P N N C C i f N C C P' P P C N C P P P P P C P pto pis pie Pie C C Pt P C C P P P C C C C C P P C C C C C C P P C C C C C C P P P C C C C C P P C C C C C C P P P C C C C Ct2 P P P C C P C C P P P C C P S --C- S P P S S P P ::CC C ::E= C Cf .... Paces 14-66 CITY OF KENAI LAND USE TABLE KEY P = Principal Penrnntted Use C = Conditional Use S = Secondary Use N = Not Permitted Table 3 of 3 NOTE Reference footnotes on following pages for additional resnicuons. ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RSZ RU CC CG EL IH R TSH NIISCELLANEOUS Animal Boarding " C C C C C C C C C C C C N Bed & Breakfasts C C C C C C C C C C C C C Cabin Rentals C C C C N N N P P P C C P Cemeteries C."" C C C N N N C C C C C C Crematories N C N C N N C C C C C C C Day Care Centers 12 C C C C C C C C C C C C C Dormitories/ Boarding Houses C C C C C C P S' S C P C C Essential Services P P P P P P P P P P P P P Farming/Gardening/ General Agriculture P P P P P P P P P P C P P Greenhouses/Tree Nurseries " C C C C C C C P P P C C C Assemblages's (Large: Circuses, Fairs, etc.) C C C C C C C pis prs pta pis C r Lodges/Fraternal Organizations N C C C C C C P P P C C P l Nursing, Convalescent or Rest Homes N C C C C C C P P C C C C Parking, Off -Street P P P P P P P P P P P P P Parking, Public Lots'` Private Clubs Radio/TV Transmitters/ Cell Sites C N P C C P C C C C C C C C C C C C C C C C P P I C P P C C P C C P C C S C C C Recreational Vehicle Parks C C C C N N C C C C C C C Social Halls N C C C C C C P P C C C C Subsurface Ext- raction of Natural Resources r6 C C C C C C C j C C C C C", N Surface Extraction of Natural Resources " C C C C N N C C C C C C N Union Halls N C C C C C C P P P C C C 14 - 67 CITY OF KENAI (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. S46-11 / 13/87 14-68 CITY OF KENAI Gage ........ Exr.. ......... of .....`��..... -_. s (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. met: (12) Allowed as a conditional use, provided that the following conditions are (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as -a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed [AS A CONDITIONAL USE], provided that the following conditions are met: (a) An uncieaned buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exists and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18)) Conditional Use allowed only on privately held property. Not allowed on }over ment lands. (Ord. 1752-97) 14-69 CITY OF KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ97-27 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE TITLE 14.20 KENAI ZONING CODE, LAND USE TABLE WITH FOOTNOTES. WHEREAS, the Planning and Zoning Commission determined that the Land Use Table was unclear and that all uses allowed and not allowed should be specifically noted in the Land Use Table; and WHEREAS, the Planning and Zoning Commission determined that some uses should not be allowed in some zones and a designation "N" "Not Permitted" should be added to the Land Use Table; and WHEREAS, the City of Kenai Planning and Zoning Commission held a public hearing on June 11, 1997; NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDS THAT THE KENAI CITY COUNCIL AMEND KMC TITLE 14.20 KENAI ZONING CODE, LAND USE TABLE WITH FOOTNOTES. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 11 ' day of June, 1997. "EST:P41a/nning Secretary CHAR PERSON KET: V - Printipst Petsitted Use C ■ Cmditlast Use S ■ Secaldr'p Use Table 1 of 3 MOTE: Referw= foxtrots an foltoriro pegs for mWttta t rmtrietlas. F> ii°lt MC 1Sw 1: .1 loll' • rrlrl _1 1 • � r 1 � 1 1 . mmmmmmm OEM 1 ^ ■--m--- ©n■■ MENEM 1011. IMMEMEMBURRIN 1 II 11 _ My 14-65 CITY OF KENAI 1*1 KEY: P ■ Prineipsl Permitted the U111E: lefareee footilotes i : Senuidw Carditiorrl Use on follwriro I g, for usean restrictimm. Table 2 of 3 ^� 4 11 _1 Tj I 1 I 1 'son ' Y. YI 1 ,■■■■■ �I11 1 -------------- II r MMMMMMMEM 1 � 1 11 .1 C ,■■■■■ _ 11 ■���M-M--...■ 1 ..1 ✓ ■���M-M---.■■. _III ■ ==moOwmmu VIM MIJPL� 14-66 CITY OF KENAI IET: P • Prlrrcipsk Permitted U" MOTE: leferaee footnote C s cail"tiarrat us& an following pps for M ■ siecordary Use addittarral rstrictloris. Table 3 of 3 n,al. au .. .i". ' • s° �!?UZDNI iG DISTRICTS :'�, ,IF`„'�'�'"'n:'" .�Yxy Iry .�"a� ;�y ''.� },7 YWu Yv '"'Y" �'u7'P•'Pvn" '' :' • +'t H LANEDU y n k• y J x�W r .. 1 J Animal Boarding 13 ( C C C Bed & Breakfasts C C C C C Cabin Rentals C C Cemeteries C Crematories C C C C Day Cart Centers 12 C C C C C C C C Dormitories/ Boarding Houses P S1 S C Essential Services P P P P P P P P P P P P P Farming/GardarinW General Agriculture P P P Greenhouses/Tree Nurseries 13 C C C C C C Assemblages 1S es (Large: Circus, Fairs, etc.) C C C C C C Lodges/Fraternal Organizations P P C Nursing, Convaks=t or Rest Homes C C P P PM1*, Off -Street P P P P P P P P P P P P P Parking, Public IAft 12 C C C P C Private Clubs I P P P S C RadidTV Transmitters P P P S Recreational Vehicle Parks C C C C C C C Social Lulls P P C Subsurface Ext- rac tiion of Natural Resources 16 C C C C C C C C C C C Surface Extraction of Natural Resources 17 C C C C C C C C C C I C Union Halls P P C I4-67 C= OF KENAI US (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. S46-11/13/87 14-68 CITY OF IENAI (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exists and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. e S (15) Allowed as a conditional use, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. S46-11/13/87 14-69 C1"TY OF KENAI ^ary R. Graves City AWmW CITY OF KENAI 210 Fidalgo Avenue Stile 200 Kenai, Alaske 99611-7794 SPECIAL USE PERMIT DATE: 0 The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below, hereby grants to: Snug Harbor Seafoods Attn: Paul Dale Box 701 Kenai, AK 99611 hereinafter sometimes referred to as the PERMITTEE, the right to occupy a portion of the southeast section of the boating facility parking lot, approximately 120' x 240', as designated by the City Manager on the attached diagram, for the purpose of boat storage. 1. Term: This Special Use Permit shall commence on the 1 st day of July, 1997, and shall extend to and through the 30th day of June 1998. The permit period may be extended by mutual consent of both parties. 2. Permit Fees: The Permittee, prior to the exercise of any privilege granted pursuant to this permit, shall pay a fee of $250.00 per month, plus applicable sales tax, in full payment for the use or privilege specified herein. Rent from July 1, 1997 through June 30, 1998 is payable at the time of execution of this contract. 3. Right of Entry: Entry and occupancy is authorized as of the 1 st day of July 1997. 4. Place and Time of Paym ntS: All payments shall be made on or before the date due to the City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, AK 99611-7794. 5. Ule: The use by the Permittee of the premises described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. SPECIAL USE PERMIT - PAGE 1 OF 3 (907) 2a33441 FAX (907) 2833014 6. Insurance: Permittee agrees to save the City harmless from all actions, suits, liabilities or damages resulting from or arising out of any acts of commission or omission by the Permittee, his agents, employees, customers, invitees, or arising from or out of the Permittee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the Permittee agrees to arrange and pay for all the following: (a) Comprehensive general liability insurance protecting both the City and/or its agents and the Permittee, such insurance to be evidenced by a certificate of insurance showing the insurance in force. Said comprehensive general liability insurance shall be in the form of policy commonly known as a level limit policy combining bodily injury and property and in an amount not less than $500,000. (b) Insurance contracts providing liability insurance shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. 7. Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirement herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 8. Removal of Prooertv: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. 9. Cancellatiorl: City reserves the right to cancel this permit or to reassign Permittee to a different location on 90 days written notice, either delivered in person to the authorized representative named herein or his replacement or by mail to the address set out above. Any or all personal property shall be removed at users expense upon cancellation or termination of this agreement. DATED this _ Y da of 91,1997. Cary R. Graves City Anomey CITY OF KENAI SPECIAL USE PERMIT - PAGE 2 OF 3 210 FkWW Avenue Suite 200 Kenai, Alaska 99611-7794 (907) 283-3441 FAX (907) 2t13-3014 Cary R. Graves City Attorney -iTY OF KENAI 210 Fdak)o Avenue Suile 200 Kenai, Alaska 99811-7794 CITY OF KENAI: By: oss Ci anager PERMITTEE: SNUG HARBOR SEAFOODS Name Title STATE OF ALASKA ) THIRD JUDICIAL DISTRICT) )ss THIS IS TO CERTIFY that on this day of 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 foregoir g instrument on behalf of said City. Nota or Alaska My Co ission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT) )ss THIS IS TO CERTIFY that on this day of , 1997, Title of SNUG HARBOR SEAFOODS, 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 Corporation. SPECIAL USE PERMIT - PAGE 3 OF 3 Notary Public for Alaska My Commission Expires: (907)283-3441 FAX (907) 283.3014 o i � 43 S �✓ Exisi- T1f Or "AQED SLOIE dwaE.v lGAQ/OAf) cl . /�O a V (EDOp,[�POw Q41Y�t' '4jurrr/ON !x/JT� lOAJAtfto Tr!" Ar.• `t - ocariovs �� \ (fit/ONS� 1 arno rEo < sttrAs�o >V T6/ OF 6.PAQil� StAAf Y.t�/Et. SEi G.PAQ/iYb LAIN . , • y . � ly II i�t7M S70 Lr�y�, ~ Of SLO/E - mot•• ! M RR01✓ 5/TE o' a z4 es � ,� ,wv�� �-�-�-�. � . ..� . - .. _ .. r.�� ��• stir+ �' w ENO GAJ/Lt1'S , -r+•.: r L- h i SALVAGED Z04fr AOMS 797 Ar PLACED ON JLQ/E- LoCAr/ON OrjescXf SMOLL " o.:ACBD ZS' XACN JIAC Or ZWA/AA(VS Aaov 'POiN! "16 PC) J,&r GRAA"6 'PLAN. _-. 1 w • PA.eA/NG / STAv/iYs AREA - h. vt ... rEaccsr. /=E. r lTiV AVE S6 (JM7 1.•al//VGN •y - '�� _ �Y![ ���•�f�,- �•iif►_ _ r e�� air �s�.,�� ���16 Q CITY OF KENAI Od CrzpiW 4,4142JAza It 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 a Memorandum Date: May 30, 1997 To: Kenai Harbor Commission From: Kim Howard, Administrative Assistant 01" RE: Special Use Permit for Snug Harbor Seafoods Attached is a draft Special Use Permit which would allow Snug Harbor Seafoods the right to occupy a 120' x 240' portion of the southeast section of the boating facility parking lot. The term of the permit would begin about July 1, 1997 and extend to March 31, 1999. The permit allows the term to be extended with the mutual consent of both parties. The monthly fee is $125.00. This is based on 28,800 sq. ft. x $.75 (estimated fair market value) x .06, plus administrative and application fees. The City received a patent to the dock property in 1962. The patent has a reverter clause which prohibits the land being from used for any other purpose than a small boat landing facility. An application has been filed with the Bureau of Land Management, along with the draft Special Use Permit, asking for a determination as to whether this use is allowed. The permit will be scheduled for Council discussion on June 18. Attachment KH CITY OF KENE 4 -� it &I 4 Aaa4u4i, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 w Memorandum Date: June 9, 1997 To: Mayor and City Council From: Richard A. Ross, City Manager RE: Mission Street Improvements - Memorandum of Agreement with Department of Transportation (DOT) I request you review the attached Memorandum of Agreement and Department of Transportation (DOT) cover letter. In addition to the normal requirements of operation and maintenance of improvements constructed by the project, the memorandum requires that the City: Contribute funding for the costs of utility upgrades included in the project, but not required by Transportation related work. DOT informs us these utility upgrades (the cost of extending water and sewer main lines) will be bid as alternatives in the project. The State Department of Transportation has estimated these costs would be approximately $86,000. Attachments RARlkh MEMORANDUM OF AGREEMENT STATE OF ALASKA Department of Transportation and Public Facilities Region: Central Region Federal Project No.: STP-0001(67) Project: Fort Kenav I Mission Street Improvements Agreement No.: 1 State Project No.: 51038 This agreement is between the State of Alaska, acting by and through the Department of Transportation and Public Facilities, hereinafter called the DEPARTMENT, and the City of Kenai, hereinafter called the CITY. This agreement regards a cooperative project to upgrade approximately 800 feet of Mission Street in Kenai's "Old Town" area, and becomes effective as of the date of the final signature below. The DEPARTMENT and the CITY do hereby agree to the following: The CITY shall: provide the project design; provide all Rights -of -Way and easements necessary for construction; contribute funding for the costs of utility upgrades included in the project, but not required by transportation -related work; and administer, operate, and maintain improvements constructed by the project without cost to the DEPARTMENT. 2. The DEPARTMENT shall: prepare utility relocation agreements; contribute funding for the costs of utility relocations required by the transportation -related items; contribute funding for the construction costs of transportation -related items; prepare contract documents; advertise and award a construction contract; contribute funding for construction administration costs; and administer the contract during construction. CITY OF KENAI Signature: _ Name: John Williams Mayor, City of Kenai Date: STATE OF ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES RECOMMENDED Signature Date: i 9 Name: Ke g, Central Region econstruction Engineer APPROVED. Signature: Date: Name: David R. Eberle Central Region Director, Design & Construction Attachment: Figure 1 - Location Map —E TONY KNOWLES, GOVERNOR ]OF a DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES l 4117 AVIATION AVENUE /P.O.796900 ANCHORAGE, ALASKA 99619.6900 CENTRAL REGION - DIVISION OF DESIGN AND CONSTRUCTION i lFAX) 243-6927 - TDD 269-0473 PRELIMINARY DESIGN & ENVIROMENTAL (907) 269-0628 or /907) 269-0642 May 21, 1997 Re:. Fort Kenay/Mission Street Improvements MAY 1991 Project 510381STP-0001(67) Keith Kornelis F �•''_:. Public Works Director`s City of Kenai _ 210 Fidalgo Ave., Ste. 200 Kenai. Alaska 99611-7794 Dear Mr. Kornelis: The Department will conduct a Pre-PS&E Review for the Mission Street project on May 23, 1997, with a Final PS&E Review tentatively scheduled sometime in August. Before we can perform the Final PS&E Review and request Authority To Advertise from FHWA, the City of Kenai (City) and the Department must conclude a Memorandum of Agreement (MOA) that assigns responsibilities for the design and construction of the project. A condition of the project is that the City must accept maintenance and operation responsibilities of the project after construction. Please have Mayor Williams sign and return the enclosed MOA. We will send you a copy of the MOA after we collect the final signature from our Director. We will also need a letter documenting City concurrence in the project design, in accordance with Alaska Statute 35.30.010. Should you have any questions, please feel free to call me at 269-0544. Sincerely, James M. Childers, P.E. Project Manager Enclosure KENAI CITY COUNCIL MEETING JUNE 18, 1997 INFORMATION ITEMS 1. 6/4/97 Council Meeting "To Do" List. 2. 5/23/97 Kenai Peninsula Central Labor Council letter of invitation to the 9/1/97 Labor Day Picnic. 3. 6/97 Resource Development Council, Inc., Resource Review. 4. 5/28/97 Dept.. of Commerce letter regarding economic development matching grant program. 5. 4/17/97 meeting minutes of Kenai River Special Management Area Advisory Board. 6. EDD's Kenai - A Community Profile. 7. 6/97 Greater Soldotna Chamber of Commerce, Your Chamber Today. 8. Draft minutes of 6/4/97 Kenai Peninsula Municipal Coalition meeting. 9. 6/5/97 Kenai River Special Management Area Advisory Board Meeting Minutes. KENAI CITY COUNCIL MEETING JUNE 4, 1997 "TO DO" LIST Admin Rewrite resolution regarding Unity Trail -- suggested verbiage = remove "limited seasonal maintenance" and replace with "accept responsibility for sweeping and surface debris removal." Develop plan for placing signage in city parks regarding use of alcohol in the parks. CLF - Prepare a resolution regarding oil royalties for 6/18/97 council agenda. Prepare similar resolution for AML to consider at their August board meeting and November conference. KENAI PENINSULA CENTRAL LABOR COUNCIL P.O. BOX 1757 • SOLDOTNA, ALASKA 99669 (907) 283-4238 FAX: (907) 283-9406 John Williams, Mayor City of Kenai 210 Fidalgo Ave. Kenai, Ak. 99611 �- RECEIVED MAY 2 9 1997 KENA1 CITY CLERK May 23, 1997 The Kenai Peninsula Central Labor Council cordially invites you and your family to attend the annual Labor Day picnic, September 1, 1997 at the Kenai Park Strip, Kenai, Alaska. invitations are extended to Governor Tony Knowles, Lt. Governor Fran Ulmer, Commissioner of Labor Tom Cashen, Peninsula Senators, Representatives, Mayors, and others. The picnic is open to the public at no charge to provide a day of family fun for all Alaskan workers,. We welcome your attendance at this event in honor of Labor. A special booth will be established to assist with the annual Kenai Peninsula United Way Campaign and "Day of Caring ". k Sincerely, James E. Chambers,President 1.1 million acres of dead and dying spruce, infestation increases 61 percent in two years, impacts are far reaching Spruce beetle infestation reaches unprecedented nrnnnrtinnc The spruce bark beetle infestation in Southcentral Alaska has reached unprecedented proportions and is new the largest spruce beetle event ev er recorded in North America. Statewide aerial surveys mapped more than 1.1 million acres of dead ai id dying beetle -infested spruce in 1996 a 61 percent increase over the past htiio years. The beetle infestation continuos to have the most significant ecological impact of any natural agent of change in Alaska forests, according to the r e- cently-released Forest Health Manage- mentReport, prepared byforestersfrcm the Alaska Department of Natural Re- sources and the U.S. Forest Servicc . State and federal foresters esti- mate that 20 million to 30 million trer�s are being killed annually by the beeile attacks — more than 90 million in recent years. Foresters stress it's the intensity of the infestation that sets it apart from previous infestations. Because of its intensity, foresters are concemed about the lack of spruce regeneration and other far-reaching impacts. Jerry Boughton, Program Manag or of the State and Private Forestry Sec- tion of the U.S. Forest Service, warno�d that impacts associated with the beef le infestation range from direct econon is loss in lumber, forest fiber and real estate values to a decline in scer is beauty and wildlife species dependF nt upon mature spruce stands. Boughton noted that impacts to fisheries is also a concern as salmon spawning streams need a continual supply of large woo iy (Continued to page 4) by�Becky-L. Gay - RDC seeks sound water legislation With the Legislature out early and a batch of bills headed to the Govemor's desk, RDC thanks the leadership for its achievements on bills of interest to RDC members. A legislative matrix is included in this issue, but early successes, one sur- prise and a failure bear comment. With two access bills passed. along with RS 2477 and Alaska Highway reconstruction resolutions, this session successfully addressed issues of criti- cal and long-term interest to the re- source community and the state. With resolutions on ANWR leasing, North Slope natural gas, NPRA leasing and Northstar, the 20th Alaska Legislature reconfirmed to the world that Alaska is still supportive of onshore arctic oil and gas development. A success for everyone who worked on it, tort reform passed after Fiemur ! is the official pw4& pubica-_ Of roe DedeMxnerd.Counpiib, F p► � _ r d*_ a broad -based, weis 'queen Cotimitfiee Officers JoM Shu�eonr .iGwW uichaet ..ram.-., r_ day ow.- CadFfPortman 4_Aa—Me;�sfairf/Fnance ..... Judie'SidmeiW �C 121 W1N �Fa'eweed. Suite d kdiorY- AK E76-07M. Fare Z/6 , tlRaterial m n may be reprinted without perrrassan ided, appropriate credd is Viem s e-mal addresses �w @aonline.cnm lft tat, & .Editor .. Cad Pollan ' being on RDC's agenda for years. The Legislature supported the Alaska Con- gressional delegation with resolutions on Tongass and reforming the Endan- gered Species Act. On the resource education front, AMEREF funding was renewed. With respect to mining, ad- justments to Title 38 had overwhelming support in legislation. Surprising to many was the Governor's veto of the environmental audit bill. Prolonging no agony, the Leg- islature prevailed with a veto override. Lack of reasonable water quality legislation remains a disappointment. As revenues decline, it is increasingly important to get realistic permitting stan- dards and enforceable agreements, not only for the agencies, but for the public. RDC and the regulated community have been working with DEC on water quality issues for years under different administrations. It has taken years to get a legislature willing to talk about water quality and permitting from the regulated community's point of view. Last session, a limited water quality bill passed but was vetoed. Many ensuing meetings, task forces, workshops, hearings and regu- latory discussions have taken place. Even with different players in the pro- cess, RDC consistently urged DEC to help make the bill better and articulate its qualified opinion, with solutions-ork ented proposals and valid arguments. RDC believes statutory authority is compelling on certain agency activities. Giving clear policy direction on water and funding the agency are both appro- priate legislative actions in RDC's view. Following are notable initiatives in the pending water legislation. An efficient change mechanism: It is left to each state to legislate an auto- matic adjustment process to undergo when federal changes result in less strict standards or when federal man - Page 2 / RESOURCE REVIEW / June 1997 dates are deleted from law. Presently states are required to adjust only ul: - ward, when federal regulations becom more restrictive. This is a one-way street which the Legislature can fix. Natural background threshold: This means using natural (not affecte J by man) conditions which currently eA - ist as the Alaska standard for thi.t waterbody. This is present DEC policy in some cases. Since a discharge mug-t be as good or better than the receivin g water, this provision will not allow deg- radation. Nor can DEC hold a sing+e user responsible for cleaning up natr - rally -occurring pollutant loads. Statutory authority for activities: Tire authority is given to DEC for maintain - ing primacy on drinking waterprograr (which DEC requested), for permitting mixing zones. forenforcing higherstar dards on shellfish beds, for creating stricter standards and using non-EP a approved methods. The bill allows DEC to create standards, criteria i r regulations that have no federal base;. It recommends continuing investig� - tion for primacy on NPDES permiim i. Scientifically -defensible standard Science, technology, methodology ar J economics are recognized as impo tant. Standards must be consistei it with federal requirements or DEC mu ,t be able to defend its "stricter-than-ne( essary" position. Administrative appeal: In respons a to federal changes only, the public gair s a new procedure to petition DEC a( tion. DEC is given a response deadlir e three times longer than the current or e under Administrative Procedures Act, To reply. None of these actions sacrifice Alaska's clean water nor do they c grade Alaska's surface water. This _ another step on the road to Alaskaniz e water quality standards, just as Gove *- nor Knowles recently finalized the pug n (Continued to page 6) Another Tongass land grab They're back and asking for more Those environmentalists justwon't quit. After all the damage they have done to the timber industry in Alaska, after all the concessions they have won, they are working to further re- duce the timber harvest in Alaska's forests. Many Alaskans are now ask- ing themselves how much is enough. The Sierra Club, which recently proclaimed that one of its top priorities is to eliminate timber harvests from all public lands, has taken action to stop timber sales in Alaska and other locations in the Lower 48. The Southeast Alaska Conservation Council is also working hard to hold up timbersales. While claiming to support a sustainable Alaska timber industry focused on value-added processing, these groups and others have challenged every recent timber sale in the Tongass National Forest. What's with these people? It seems they don't remember what they said when the Tongass Timber Reform Act (TTRA), known as the "Grand Compromise," was finalized in 1990. According to an October 27, 1990 report in the Anchorage Daily News, Californian Congressman George Miller, a long- time champion of environmental interests, said the compromise was intended to bring "finality" to the lands preservation controversy. Before TTRA, an earlier compro- mise in 1980 -- the Alaska National Interest Lands Conservation Act (ANILCA) -- reserved one-third of the forested lands in the Tongass for log- ging on a 100-year rotation cycle. The remaining two-thirds of the forested lands were preserved for wilderness preservation and other uses. ANILCA provided the timber industry with a $40 million annual fund to build roads and prepare remote and lower -quality tim- ber for harvesting. The forest's man- agement plan, adopted in 1979, limited timber harvests to no more than 450 million board feet in a single year. The 1980 compromise, however, lasted only a few years until environ- mentalists went back to Congress de- manding more Wilderness. In 1990, they pushed TTRA through Congress, creating six new wilderness areas and 12 other protected zones totaling nearly 1 million acres. In addition, TTRA struck down the $40 million provision for road building and timber preparation, de- leted a 10-year harvest target of 4.5 billion board feet and unilaterally changed the forest's two long-term tim- ber contracts, which eventually led to the demise of the Ketchikan and Sitka pulp mills. In passing TTRA, Congress said the new law struck a reasonable balance between environmental concerns and providing enough timber to sustain a healthy forest products industry. Environmentalists hailed TTRA as a balanced compromise that would bring peace to the forest. Since the passage of TTRA seven years ago, Southeast Alaska has lost $400 million per year in economic activ- ity and more than 2,000 timber jobs, a big hit for the region. Timber harvests, which averaged 419.6 million board feet between 1959-1990, have been falling steadily and hit an all-time low last year of only 120 million board feet. That "Grand Compromise," which was supposedto bring peace totheTongass, has not proved out as the Forest Ser- vice has consistently fallen short on its timber offerings, due in part to administrative and legal challenges from environmentalists. Under the cur- rent forest plan, harvest levels should be averaging somewhere near 420 million board feet annually. Now there is yet a new plan for the forest underway which promises to drastically cut annual harvest levels and close more areas to logging. Work began in 1987 on the new Tongass Land Management Plan (TLMP), and after years of delay, a draft released last year showed allowable harvest levels falling from 450 to 300 million board feet. The Forest Service, however, is now reviewing that draft for a second time. Under pressure from environ- mentalists and Clinton administration bureaucrats, the second review is expected to formulate a justification for an annual cut of only 100 million board feet. Who knows what they will re- lease. For that matter, who knows what the new TLMP will contain. The Forest Service is seven years late and has spent over $13 million on its new plan. If 100 million board feet is what is called for in the new plan, look for more sawmill closures. That's not enough wood to keep the Ketchikan, Metlakatla and Klawock sawmills op- erating, much less allow for the re- opening of the Wrangell sawmill and the continuation of the many small family -operated mills in the Tongass. Where will the trees come from to feed new, environmentally -friendly value-added timber processing facili- ties that environmentalists are so keen on supporting? Without an an- nual timber supply of at least 300 million board feet, no new forest prod- ucts facilities will rise from the mill closures in Sitka or Ketchikan. If you are an environmentalist. it's nice to have friends in high places If you are unfortunate enough to work in the Southeast Alaska timber industry, you know the sting of poor ineffective government and special interest rule -making. June 1997 i RESOURCE REVIEW / Pag,: 3 Forest health in sharp decline as beetle infestation spreads (Continued from page 1) debris, which will decline as large diarn- eter spruce are killed by beetles. Boughton said the intense beetle out- breaks may also kill large amounts of interception vegetation, impacting the dynamics of stream flow, which in tum could pose a threat to the overall water- shed. Boughton warned that "fuel -load- ing" has increased throughout Southcentral Alaska forests because of the beetle -killed trees. Fuel loading on the Anchorage Hillside alone has risen from about two tons per acre to more than 35 tons per acre, increasing the risks of a catastrophic wildfire. The areas of most intense beetle activity are in Southcentral Alaska where 837,499 acres were infested last year, an increase of almost 20 percent over the previous year. Spruce mortality in many areas of Southcentral now ex- ceeds 80 percent. In the Copper Rarer Basin, 234.581 acres were hit by the bug, an increase of 65,000 acres over 1995. The beetle continues to make in- roads into the central part of the Kenai Peninsula around Skilak Lake, the southwestern part of Kachemak Bay near Seldovia, the valleys of Turnagain Arm and the west side of Cook Inlet. In the Anchorage bowl, infestations are moving down the Hillside area and spreading across the city. Beetle pres- sure also seems to be building in the Mat -Su Valley. In Anchorage, the beetle acti%rity nearly doubled for the second consecu- tive year to 15,310 acres. Forty percent of the total, over 6,000 acres, occur on the Hillside. More than 418,357 acres of state and private land have been hit by the beetle while 338,754 acres of Native timber have been infested. Some 26,772 acres of national forest lands have been impacted while 346,873 acres of other federal lands have been hit by the bug. Boughton and other foresters point At the 1996 Annual Board of Directors meeting, RDC Board member Paula Easley refers ed to a newspaper account of the 1996 Big Lake fire. Many large landowners risk t he immediate, potentially catastrophic loss of an economic resource as the beetle infestatt increases the risk of wildfires. Fire management costs may dramatically increase in core years. out that there are a variety of tech- niques that can be used to prevent, mitigate and reduce impacts associ- ated with beetle infestations. However, before pest management options can be developed, the resource objectives for a particular stand, watershed and landscape must be determined. Foresters note that properly ap- plied silvicultural practices, including timber harvesting and fire management, can maintain the forest diversity needed to provide the range of products and amenities available in the forest. In Southcentral Alaska, the logging of beetle -killed timber is the first stage in a reforestation process that will lead to healthier forests fasterthan if nothing is done. On some federal, state and private lands, trees are being replanted and modern silviculture practices are being implemented to encourage natu- ral regeneration. The U.S. Forest Service has designed a series of timber sales in the Chugach National Forest to address specific recreation, wildlife and visual resource interests while still accomplishing the objective of logging dead or dying spruce while lowering tale fire danger through "fuel removal." Those sales, however, continue to dri w opposition from environmentalists w io contend nothing should be done. Logging opponents have domi- nated the public process in determini ig appropriate approaches to addressi�ig the decline in forest health. Their inf'u- ence within government agencies h is blocked any significant actions toward mitigating the impacts of the infestati m and restoring forest health. RDC urges its members to wr to letters to the Forest Service and t ie State Division of Forestry supports ig timber sales targeting dead or dyi ig spruce. Members are encouraged to write their local newspaper, especially in response to anti -logging letters fu m environmental activists. Editor's Note: For residents in o break areas, the window of opportu, to protect large, live spruce trees n--ay be as short as this spring. Contact me Alaska Cooperative Extension at 2, "9- 6575 `cr information. Page 4 / RESOURCE REVIEW / June 1997 BP, ARCO target smaller oil deposits North Slope producers aim to stem decline in overall production BP Exploration (Alaska) Inc. and ARCO Alaska, Inc. have announced plans to develop two more oil fields on the North Slope. continuing a trend toward developing smaller hydrocar- bon accumulations around the giant, but declining Prudhoe Bay and Kuparuk oil fields. ARCO and BP will move forward with development of the 50 million bar- rel Tarn oil field, a project that could acid $100 million to state revenues and help offset the decline in North Slope pro- duction. Oil from the Tarn field is ex- pected to be flowing down the trans - Alaska pipeline by late next year or early in 1999. Production could hit 15.000 barrels a day at its peak. Construction work on Tarn. located southwest of the Kuparuk field, will be- gin in 1998 and a 9-mile pipeline will move Tarn oil to Kuparuk facilities. As many as 50 wells may be drilled. Ap- ,)roximately $150 million has been bud- geted for the project. The companies have known for years that smaller accumulations of oil existed at different levels around the Kuparuk field, but development of those accumulations have now become more cost effective because of surplus ca- pacity at Kuparuk processing facilities. North Slope Oil Fields and Prospects 0 5 10 IS 20 MILES MA-4 Point /JorElsMr C � �1 ! Pt. Mc" a KLpa" LisYurner T_ cP1Ud'108\� � Bay . ram, Tam The surplus capacity has developed in part because of a decline in overall production from the Kuparuk field. This has enhanced the economics of new discoveries and small accumulations near Kuparuk because those new fields will not have to be large enough to pay for new processing plants to be com- mercially viable. Meanwhile, appraisal drilling ear- lier this year confirmed an estimated 120 million barrels of recoverable oil at BP's offshore Liberty prospect south- east of the Endicott oil field. BP be- lieves the discovery has commercial potential and is proceeding with permit - MP LOCATION —v. v Liberty Pt. Thomson Baden sw: A'' ting work needed to facilitate deveooK ment of the field. The Liberty well was drilled in Fell ruary and March from Tern Island, an existing man-made gravel island abo�it 11 miles southeast of Endicott and five miles offshore. Liberty will require the construction of a subsea pipeline. Prl >- duction will be "piggybacked" on exis- ing infrastructure at Endicott. Development of smaller prospec!s like Liberty and Tarn is part of a stratec,y North Slope producers are pursuing �o stem the overall decline at Prudhoe Bay and Kuparuk, the two largest ( it fields in North America. Cowt sides with ro erb owners in ESA case - _p {y Y c �iL ,. v.,~ 17 WotmaAimous decision, the U.S. Cates a new means of fighting environ- said Gregory Wilwnson, wh'oJ repre uprem ` .ourt in March clarified that mental regulation that goes too far. , seated Oregon ranchers and irrigatior- the En- gered Species Act's (ESA) `The decisions overtums an appeals districts before the high court. `The izen`ssuir provision can be used to court ruling that said only people with opinion does not put people who have protkf th- threatened species and an interest in preserving endangered economic interests at a disadvantage propert owners adversely affected by species could use the act to challenge intermsofgetting intothecourthouse' regulations imposed by the govern- federal regulation of land and water Although the ruling gives ment topmtect those species. resources. The new ruling is a big win landowners new legal standing tc The�Citizen suit" provision has for property rights advocates, an up- challenge environmental laws, their been usedforyears by environmental- coming political force that has long felt success in loosening govemmenY. ists to force stricter enforcement of the abused by _ Washington and overbur- grip on land policy won't be knows law. Theivling essentially gives ranch- dened by federal regulations. until individual cases are brought tc ers, farmers and multiple use advo- `The opinion levels the playing field," I and resolved in court. June 1997 / RESOURCE REVIEW / Pago 5 Alaska exports rise in '96 Exports of Alaska oil and minerals increased last year and the handling of foreign -bound cargo rose to record levels, but timber and seafood exports were down in 1996. Alaska's international trade reached a record $5.9 billion in 1996. a 4.4 percent increase over 1995, ac- cording to the Alaska Center for Inter- national Business. Some of that in- crease was a result of North Slope oil exports to South Korea after the lifting of the oil -export ban last year. A boom in cargo handling at Anchorage Inter- national Airport was also a factor. Alaska's position between Europe, Pacific Rim countries and other na- tions make it a strategic hub for the booming international cargo industry. United Parcel Service is tripling the size of its cargo facilities at the Anchor- age airport and United Airlines has launched a new air -freight service us- ing Anchorage as a hub. Some 2,700 jobs in Anchorage are now tied directly to the air -cargo business. The export of petroleum products rose sharply to $762.2 million in 1996, up from $416.3 million in 1995. The value of mineral exports increased from $172.9 million in 1995 to $194.6 million in 1996, partly due to the reopening of the Greens Creek lead and zinc mine near Juneau. Water quality... (Continued from cage 2) to "Alaskanize" arsenic criteria, setting it 277 times lower than federal criteria. If DEC claims the bill lowers other standards, DEC needs to produce a list of such standards. If there are any to be lowered, DEC shouldn't make it a guessing game to let us know which ones they object to. If DEC wants to regulate stricter standards than required by law, the bill requires DEC to justify the harsher treatment. Every state must conform to federal mandates stemming from the Clean Water Act and the Safe Drinking Water Act, both which leave some discretion to the states. Where there is discretion, the debate takes place in all branches of government, some more public than others. There is no doubt the pending bill can be made better. but there must be a con - Seafood exports were down in 1996, partly due to a stagnant Japanese economy and increased competition from farmed salmon. The value of Alaska timber ex- ports fell from $568 million in 1995 to $497.7 million last year. "Lower pulp prices and lower pulp output caused the major declines in timber exports," noted Eric Downey, Public Services Manager at the Alaska Center for International Business. "Re- duced lumber production and smaller log harvests from the Tongass also contributed to the declines." scious effort to do so by all. To make good water policy legislation by next session, the Administration must be more constructive in its criticism. The regulated community must be more active and get the same attention from DEC that EPA and the oppo- sition expects on water legislation. The Legislature should be willing to pass a water bill. After all, it has held water legislation, waiting for the Administration to come to the table with the regulated community. There needs to be honest discussion and clarification on water quality issues in both the administrative and legislative branches, or we will all be arguing in court. There really is enough work for everyone on water issues. Although blame for failure may be easier to spread, there is certainly enough credit to go around for this Admin- istration and Legislature to each do their fair share to achieve sound water policy for Alaska. Alaskans challenge rights -of -way policy In a move to protect the rights of Alaskans to cross federal lands, Gover- nor Tony Knowles has filed suit agar ist the federal government under an 1 F66 law known as RS 2477, which reser% ed rights of way to historic roads and tra Is. "Alaskans have a right to access various lands fora number of legitimate purposes and we will not relinquish t iat right," Knowles said. 'The State of Alaska will assert its rights to the se roads and trails to protect legitim rte economic development, subsister ce use, recreation and other purpos 3s, and we will do so in a way that is consistent with our values and a ratio ial transportation plan." Knowles chose to initially press he state's case on the Harrison Cre Portage Creek trail near Fairbanks The State's announcement of he case to assert its rights to RS 2477 claims comes after Secretary of Inte, for Bruce Babbitt announced a recent poiicy change which would limit states' rig its to such claims. In a letter to Babt itt, Knowles criticized the policy Chan, fe, which he noted came without consu Ca- tion with Alaska or other western star is. Meanwhile, Senator Stevens I as introduced a spending -bill rider in & )n- gress to scuttle Babbitt's policy revis on which confines the RS 2477 claims to routes used by `vehicles" and whore mechanical improvements had oc- curred. Many claims in Alaska are for foot or dog sled trails that have not be en improved for motorized access. -The Stevens provision would protoct Alaska's ability to claim ownership of the historic trails. The Stevens rider has becom,i, a hot issue in Congress. Babbitt has said that unless the rider is removed fro bill providing flood relief money to upper Midwest, he'll urge a veto. (Continued to page 7) Page 6 rRESOURCE REVIEW / June 1997 Helicopter flightseeing and landing operations are an important component of the tourism industry and provide benefits to the local economy. Flightseeing is among the most popular and highest -rated activities for Alaska visitors seeking to experience remote, rugged lands. RDC supports heli-landings in Denali State Park, Tongass A Matanuska-Susitna Borough ap- peals panel has upheld a conditional use permit allowing Era Aviation to op- erate a heli-port on private property inside Denali State Park. The heli-port is to serve as a base for the company's flightseeing and landing operations in nearby Denali State Park. RDC presented oral arguments earlier this spring before the appeals panel defending the issuance of the permit for the heli-port at Mary Carey's McKinley View Lodge. l_ocai residents had appealed an earlier decision by the Borough to issue the permit, but the appeals panel upheld it. RDC Executive Director Becky Gay told the panel that it makes sense for Era to operate from Mary Carey's pri- vate property since flights into the park would be shorter and avoid more heavily -populated areas to the south. In addition, Gay pointed out that the :site is near the new Denali Princess Hotei and is centrally located to visitor facili- lies and services to be developed in the Central Development Zone of Denali State Park. Era is working closely with the FAA to address safety issues and has given serious consideration to local concerns and potential impacts. Era's operating plans address many of those concerns through voluntary mitigation measures, as well as mandatory restrictions. Era's base operations would oc- cupy land that already includes an air- strip, parking for private vehicles and other improvements. By locating its operations near the McKinley View Lodge, Era would avoid disturbances to raw, undeveloped land south of the park. The footprint for base operations will be confined to land that has already been disturbed along the busy highway corridor A separate permit issued by the State gives Era permission to land at three sites inside Denali State Park, but that permit is being appealed by the Mat -Su Citizens Advisory Board which opposes a decision allowing helicop- ters to fly as low as 500 feet in some areas of the park. Era helicopters, however, will be operating under more restrictions than other fixed -wing Flightseeing operations that pass over the park. Other aircraft can fly at any height, and Era's permit requires the company to stay 1,500 feet away from any nesting or animal den a. Other stipulations intended to prote ,t the environment accompany the perm t. In addition to supporting the Ei a flightseeing operations at Denali, RD :, recently urged the U.S. Forest Service to issue a special use permit for he i- hiking opportunities in the Tonga,< s National Forest. Temsco Helicopte s has proposed heli-hiking tours at a nun fi- ber of remote locations. Statistics show that heli-flightseeir g and landings are among the most pops j- larand highest -rated activities for Alaska visitors. Helicopters often afford the on y viable access to Alaska's largely ina=,- cessible land base. With virtually r o environmental impact. heli-flightseeir g and hiking tours are one of the be 3t ways to experience Alaska's dramal c backcountry. Unable to access roadless areas )f the Tongass, people need aircraft, i r- cluding helicopters, RDC noted. He i- copters often are able to land where r o otheraircraft can and require little cle<-r- ing or building. RDC told the Forest Service that a decision to deny the permit would e sentially eliminate practical, user- friendly access, not only for the phy:.i- cally impaired and those on a limit( d time margin, but people of all physic: al abilities who seek an array of recr ational opportunities. The Forest Service is expected :o announce its decision on the Tems :o permit soon. i RS 2477 provision.. (Continued from page 6) Stevens said his provision merE ly preserves Alaska's rights to assert its RS 2477 claims for access across fe f- eral lands. He said it won't lead 7o massive road construction through parks, wildlife refuges and wilderness areas. Environmentalists have adopt(!d the issue as a cause, sending nevrs releases across the country claimii fig the Stevens provision would result it a million miles of new roads in Alaska, destroying national parks, forests ai id wilderness. June 1997 / RESOURCE REVIEW / Page 7 At NBA, we're helping keep Alaska's businesses in business. We provide a number of financial S2TV1CeS, from business checking accounts, leasing services and loans to ATM cards, Visa cards and 24-hour banking by phone. Plus, We have 52 convenient branches across the state. Because nobody's business is more important than yours. To you. And to us. National Banl►�,�Alaslta Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS CORRECTION REQUESTED Mayor John Williams City of Kenai 210 FidalQo Ave., Suite 200 Keriall AK 99611 Member FDIC Bulk Rate U.S. Postagc PAID Anchorage, A� 'Permit No. 37 Page 8 / RESOURCE REVIEW / June 1997 The first session of the 20th Alaska Legislature adjourned May 1 1 th, two days before the constitutional deadline. House Speaker Gail Phillips noted the Republican majority accomplished its agenda with $60 million in spending reductions and a S617 million deposit into the Permanent Fund. "This is the earliesr we ha re adjourned since 1986, " said Senate President Mike Millar. "We worked hard, met our goals, and left Juneau two da vs early. " ('These bills are currently awaiting action by the govemor so the time is now to contact him to voice your opinicr,. RIM. write, vhone or send a fax to the Governor's office today requesting action on these imvortant measures Phone 0j— 3500/fax 465-3532/address P.O. Box 110001, Juneau AK 99811-0001) Compiled by Craig Lyon, RDC Special Assista ,7t 'HB 23 Access, by Masek, relating to traditional means of access on Title 38 public lands. Transmitted to Governor on 5/13/97. Due back from Governor on 6/61'97. RDC members should contact the Governor to urge oassao,3. 'HB 46 Minina Claims on Public Lands, by Kelly & Therdault, includes housekeeping amendments to Title 38 public land. Transmitted to Governor on 5/16/97. Due back from Governor on 6/9/97. RDC members should contact the Governor to urge passage. HB 58 Civil Liability (Tort RefrDrm), by Porter, Cowdery, & Bunde. Signed by Governor on 5/9/97. HCR 1 North Sloge Natural Gas, by Barnes, Phillips, et at, encourages the state to provide a stable and aperopriaN fiscal & regulatory environment to promote the Alaska LNG project. Approved by the Legislature on 3;'l2/9, . HJR 12 Leases in NPRA, by Green. Hodgins, et at, urges the Secretary of the Interior to conduct competitive_ i & ga a leases within NPRA. Approved by the Legislature on 3112/97. SB 35 DNR Access, by Green, Pearce & Taylor, relating to traditional means of access on Title 41 park 'a7d, an J establishes Chilkat State Park. RDC testified on SB 35 on 1/23/97. Signed by Governor on 5/11/97. SB 41 Environmental & Health/Safety Audits, by Leman, Pearce & Taylor, authorizes environmental and hea.:r: safei / self -audits. Approved by Legislature and vetoed by Governor on 5/9197. Veto overridden and becarr_ law c i 5/11 /97. SCR 3 Northstar Court Case, by Donley, requests courts to expedite litigation regarding Northstar leases. rccrovel by the Legislature on 4/18/97. SJR 9 ANWR Leasing, by Pearce, Adams. et at, endorses ANWR leasing. Approved by the Legislature or. '3 12/9". SJR 12 Alaska Highway, by House Transportation Committee, supports reconstruction and paving of Alaska HighwE from Haines to Alaska/Canada Border. Approved by the Legislature on 4/18/97. SJR 13 RS 2477 Pights of Way, cy Halford, Phillips, et al, endorses continuing efforts to preserve and protect tl'_ crigin 31 meaning of RS 2477. Approved by the Legislature on 4/18/97. SJR 16 Reform Endangered Species Act. by Leman, requests Congress to proceed with reauthorization of --.e ES, k. Transmitted to Governor on 5/13/97, SJR 20 Wetlanes, by Senate Resources Committee. urges Congress to amend the Clean Water Act to accommo- date Alaska's unique wetlands circumstances. Approved by the Legislature on 5/8/97. SJR 24 TLMP, by Mackie and Leman, supports Congressional efforts to ensure Tongass National Forest restores and provides for the socioeconomic vitality of Southeast Alaska communities. Approved by the Legislature on 5/7/97. 'AMEREF S50.000 General Fund Reauest, for the Department of Education forthe AMEREF Program for FY 98. This will fund the DOE Program Director 0 60% and other related costs for the program and will reestablish the public/private partnership. Included in the Conference Committee budget. RDC members should contact the Governor to urge funding for AMEREF. Legisla icn which failed to pass, but was of interest to RDC HB 28 Repeal Coastal Zone Management Program, by Therhault and Kelly, repeals the CZMP and the Alaska Coastal Policv Council. Referred to House Resources & Finance. HB 29 Oil & Gas BondinG, by Rokeberg, reduces the amount for which proof of financial responsibility must to provided to DEC in conjunction with the operation of certain onshore oil & gas exploration and expioraticn facilities. Referred to House Oil & Gas and Resources. HB 51 Relatir5 to DEC. and amending Rules 79 & 82, Alaska Rules of Civil Procedure, by Rokeberg & Kelly, et �.I, addresses Clean Water Act and Safe Drinking Water Act. RDC testified in House Oil & Gas Committee c n 1/23, House Finance on 2/18, and Senate Finance on 4/21/97. In subcommittee in Senate Finance forfurth �r work cuing interim. HB 154 Regulatory Taking of Private Prooerty, by Kohring, requires compensation by a government entity when th at government's action constitutes a taking, assists state agencies, municipalities, and the public to identify ai 0 evaluate government action that may result in a taking of private, real or personal property. Referred to Hoy State Affairs, Judiciary and Finance. HCR 10 Lynn Caral Highway, by Hudson, supporting construction of Lynn Canal Highway connecting Juneau to Haines. Referred to House Transportation. HJR 2 Legislative Rea_e0 cf Regulations, by Rokeberg & James, constitutional amendment that allows or legislative repeal of regulations by majority vote. Referred to House Finance. SB 52 Fishers Business Tax Credit, by Mackie, Torgerson, Taylor & Leman, provides tax credits for now improvements to shore based facilities. Referred to Senate Resources & Finance. SB 180 RS 2477, by Halford. Green et al, relating to state rights -of -way. Codifies researched RS 2477 rights -of -way and r=:cons them in statute. Referred to Senate Resources & Finance. j! r U / TONYKNOWLE: L^u � U U ❑ P.D. BOX 1105 JUNEAU, AK 9., DEPARTMENT OF COMMERCE AND PHONE: (907) FAX ECONOMIC DEVELOPMENT TDD 907) 65-54 67 TDD: (907) 465-5437 ❑ 3601 C STREET, SUITE 700 DIVISION OF TRADE AND DEVELOPMENT ANCHORAGE, AKPHONE.-PHONE.' (907) 269.8110 FAX (907) 269-8125 ❑ 751 OLD RICHARDSON HWY., #205 Ma 28 1997 FAIRBANKS, AK 99701 y + PHONE.- (907) 452-7464 FAX (907) 456-8173 Dear City and Borough Mayors: Re: Economic Development Matching Grant Program It is with sincere regret that the Division of Trade and Development must announce the suspension of the Economic Development Matching Grant Program. Funds for FY 97 have been exhausted and despite Governor Knowles' request for FY 98 funding along with efforts by the legislative minority caucus to retain funding for this important program, the Alaska legislative majority eliminated program funding for the FY 98 budget cycle. The division has been proud to participate in so many valuable and successful development and business assistance projects. We hope that the program may be reinstated in the future to continue to assist projects contributing to the growth and diversification of Alaska's economy. Sincerely, RECEIVED�dh JUN Deborah B. Sedwck 1997 Assistant Commissioner KEN: t1 rrT�, CL�-n.� 08-HSLH KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, April 17, 1997 Kenai Peninsula Borough Assembly Chambers I. CALL TO ORDER A. Roll Call Members Present: Tom Knock, Ken Lancaster, Duane Harp, Lance Trasky, Jack LaShot, Chris Degernes, Mike Conway, Jeffrey King, Ted Wellman, Robin Nyce, Jim A. Richardson, Ben Ellis, Brannon Ames, Peggy Mullen. Members Absent: Robin West, Jim H. Richardson (excused absences). B. Approval of March 13 minutes. The minutes were approved as written. C. Agenda Changes and Approval. Item F added, User Fee Discussion. II. PUBLIC COON No comments. III. NEW BUSINESS A. Process for Adoption of Management Plan 1. Revisions to Memorandum of Understanding. Bruce Phelps presented this agenda item. He said there are three categories to be covered in the process for the adoption of the management plan. They are Plan Adoption, Process for Plan Review, and Implementation. The Plan Adoption by the board is scheduled for the next meeting on June 5, 1997. Bruce said if it is not done this night, it will need to be done within 2 weeks so as not to lose the momentum. He said that meeting should start at 3pm with the group working through al.l of the issues by 5 pm. Recommendations and plan adoption should be done that evening. Bruce said not only will the plan be adopted at this time but the board will make the recommendation to the Commissioner of DNR to adopt it as well. The board will recommend that in turn the Commissioner would ask for adoption of the plan by State and Federal agencies, and also local government. For the State and Federal agencies the vehicle for adoption will be the Memorandum of Understanding. Bruce said that all the agencies involved will sign the MOU. When action is taken on June 5, those board members representing governmental agencies are taking action to represent their agencies. Therefore Bruce needs to know well in advance of the June 5th meeting if KENAI RIVER SPECIAL MANAGEMMU AREA 2 ADVISORY BOARD - April 17, 1997 there are any agency concerns about the plan adoption. Bruce asked the agencies to review the MOU carefully. In addition to the State and Federal agencies it should be adopted by local units of government. Bruce asked the board members, "Should the Cities of Kenai and Soldotna adopt the plan as well as the Kenai Peninsula Borough?" Process for Plan Review will be the results of the focus group meetings, responses from the newsletter and public meetings. All of that will be captured in databases. This will provide not only the recommendations but a summary of comments, and a response to each category of comments by staff, and what the recommendation is. This will be in memorandum form. To expedite the adoption process board members will get the draft plan back with those changes identified in the memorandum explicitly inserted in the plan. Chris and Bruce will have to talk to the Deputy Commissioner and Commissioner of DNR about what the results of the public process have been and what the staff thinks is appropriate to change. The Commissioner has already told us that he wants to know the results of the public process, what the public has been saying and what has been changed. The advantage of that discussion is to avoid having the Commissioner not adopt the plan. Subsequent to that there will be a meeting of the Technical Working Group in Anchorage on May 15 at 1:30, Room 1122 of the Frontier Building. This is a public meeting. Bruce said this will be to discuss with the agencies; what we think the major results of the public review process was, and if there are any major changes to be made. This will give a read for agencies about what is appropriate for change. Staff will then convert this information to the above mentioned database and insert it into the plan. Jim A. asked if there will be a formalization of the Technical Working Group as a support group to the board. Would that be formalized through the MOU or would that be a follow through of TWG discussions that you have had. Bruce said it is a finalization of the MOU. Jim said we need to make sure as part of the adoption of the plan that the TWG does meet several times a year to discuss concerns. Duane said it is included in the MOU and it will take a commitment by all. the signatories to this. Duane said Bruce had an idea that the meeting responsibilities be rotated amongst the agencies so that a different group is heading it up each year. Implementation Bruce again stated that the MOU is the vehicle by which the State and Federal agencies will adopt the plan. He went over the changes that have been made to the MOU with the board. All the changes are underlined. He asked the board to review and ID any changes and get recommendations or improvements to him as KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - April 17, 1997 soon as possible. —3 B. Role of Technical Working Group. Bruce said it has been renamed the Kenai River Technical Coordinating Group. This group will meet 3 times per year,and Bruce suggested September 15, December 15, and perhaps April 1st. There will be rotating chair responsibility. The TWG was started by the work done on the management plan and after the adoption of the plan they will take on a more solid life as a working group, coordinating group of the various agencies. The purpose of this group is to do the agency coordination called for in the plan. The other, aspect of this particular group is to help the advisory board in making decisions. This will be an element of the plan. F. User Fee Discussion. Bruce said there is alot of concern from the public meetings about how we are going to implement the recommendations of the plan. Specifically the concerns were about the vessel crowding study. Bruce suggested taking some steps right now to determine the cost estimates of these kinds of studies. Then you can talk to entities about the funding of these studies. There are 2 things that are crucial: the revision of the boat wake study and the vessel crowding study. Bruce said alot of that work could be done this summer. Bruce will talk too Lance about the boat wake study. Jim A asked if it would be appropriate for the board to request that Bruce and staff develop a conceptual plan for the technical design for the crowding study and for the boat wake study, and to investigate funding sources and bring this back to the board. Jim also suggested the board should put in a request to the Governor for the funding for this as part of the implementation of the new plan. Ted said these 2 studies, boat wake and crowding, are critical issues, and he would like to see board members on a volunteer basis be able to participate in.the design of the studies at least on an advisory basis. Jim the suggested setting up two committees; one for vessel crowding and one for user fees. Ben thinks it is very appropriate to go the Governor and Commissioner for requests for funding these studies. Ben said he thought there was a mechanism on getting some funding for the boat wake study from a federal source. The vessel crowding committee will be: Ted (as chair), Ben, Lance, Bruce and Chris. This committee will pursue development of a conceptual design of vessel crowding, wake study and consideration of different ways to finance that. The motion was made and seconded to develop this committee as; described above and there was unanimous vote on this. The next discussion was about forming a River User Fee Committee. KENAI RIVER SPECIAL MANAGEMENT AREA 4 ADVISORY BOARD - April 17, 1997 The volunteers were Ken (as chair) Ted, Tom, Jeff, Robin, Jim A., Bruce, Chris and Suzanne. The motion was made and seconded and unanimously supported. Bruce said the comments heard from the public about a user fee is that it should not be too high and those fees collected must go back to the river. Bruce said therefore we need to identify specific things that need to be done. Jeff asked if we will use this committee to work on rental boat and guide fees. Trot presently, as this committee will work on implementation of river user fees as it's first priority. Bruce then went over the memorandum dated 4/1/97 titled "Amendments to Regulations required to implement KRCMP". Bruce said there needs to be focus on implementation if the management plan is going to work. Therefore effort will be put in now on implementation of state administrative code changes. This document has gone out to staff for review for regulatory changes that will need to be done. Bruce told the board to look them over. If there are any questions or issues please contact Bruce or Chris. These may change as a result of the public review process. When agencies and the board adopt the plan, then the regulatory changes; will be implemented. Ted expressed concern that there is nothing mentioned about changing regulations regarding guides. Suzanne has been handed the responsibility to sit down with the guides to try to develop new guide permit stipulations and then have a product for the board to review. Ben told the board there is opposition by some of the Alaska Boating Association members to the proposed regulation 11AAC 20.865(b) which says "all waters of the KRSMA are closed to the operation of air boats, hovercraft, hydroplanes, jet skis, and water skis." There is also some support for opposing this kind of restriction in the Senate. C. COE - Ecosystem Restoration by Richard Gaiger. Richard works for the Army Corps of Engineers at Elmendorf Air Force Base. He gave a presentation and overview of the COE's environmental restoration program, which is intended to restore disturbed or degraded ecosystems to their functional purposes. Their most common projects are small boat harbor projects, channels and revetments. He presented a slide show illustrating the various responsibilities of the COE, then answered questions. Duane mentioned that because the Cooper Lake dam is to be up for reconsideration soon, maybe a watershed study or ecosystem restoration can be initiated on this system. The USFS has identified the need for this to evaluate the whole issue, to consider what mitigation might be needed with the dam level changes Chugach Electric has proposed. Jim A asked Lance to check into the possibility of exploring matching funds for the KENAI RIVER SPECIAL MANAGEMENT AREA 5 ADVISORY BOARD - April 17, 1997 removal of groins and jetties, a project Richard said the COE could participate in. Jack LaShot asked Richard to talk about the reconnaissance study for the City of Kenai on the lower river. Richard said it is an erosion and navigation study on the first 4 miles of the Kenai River. There has been a lot of concern over the increased level of erosion of the bluff in Kenai the past couple of years. Most of the erosion problem is on private property. The COE is not in the business of protecting private property. There may be a possibility of putting in some protection in the vicinity of the Kenai Senior Center. The Corps would drive some sheet pile at the OHW mark. This would only be reached by very high tides or - because of high winds or waves. The Corps will make a proposal back to the City on what may be possible but the City would have to bear a share of the costs. Ben asks how does erosion and flood control fit into the Kenai River picture. Richard said the COE's mission is changing to meet the peoplEr's need.. Erosion control, like sheet pile is very expensive. The COE has been backing away from hard erosion control. D. Boat Launch Fee discussion - The Pillars. Chris introduced some background on the State Park fee program. She said as it exists now the structure of boat launch fees would probably cause problems for the 3-4 private launch facilities in the area. Last fall when the Division discussed fee issues throughout the state Chris promoted the idea of having a higher fee at the Pillars and also raising the annual boat launch pass statewide to try to reduce some of the conflict with the private launch folks because of the Pillars situation. What was proposed was a $10 launch fee at the Pillars, with the fee to remain at $5 at places like Izaak Walton and Bings Landing where we don't really have private launchers in close competition. The annual launch pass went from $50 per year to $75. Recently it has come to our attention that the annual decal would undercut other businesses. One possibility is that we will be unfairly competing with existing businesses that are within the Pillars area. Secondly, because we could be undercutting the private launches, we may have the effect of causing an enormous attraction at the Pillars. This could cause more congestion than what the facility is designed to handle. This was added to the agenda to bring it before the board to discuss a possibility that was discussed with Chief of Operations Pete Panarese a few days ago. Chris proposed making an exception that the boat launch pass will not apply to the Pillars so there is not an undue burden to the private competitors. Another part of this to consider is that when commercial operators pay their permit fees it includes free parking and free launching at any state park launch. This could cause an additional impact at the Pillars in that if there KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - April 17, 1997 is free launching there will be no incentive for them to use the private launchers as they have in the past. Chris proposes that commercial operators such as guides pay the fee the same as private individuals, and that there be a certain number of designated parking spots for commercial use, and for private. Ben said he was happy to hear about Parks' concerns for resource protection. He said it is an excellent opportunity for Parks to take a leadership role in resource protection. C Jim A. said people are concerned about getting access to restroom facility. Jim said we need prevent the possibility of -commercial users taking over the place at the expense of the general public. We also need to prevent the situation of creating a windfall for an adjacent property owner. Duane made the motion supporting Chris's proposal in charging a launch fee equivalent to adjacent launchers and that the annual boat launch pass would not apply here, and that all of the guides would pay here too. Duane asks for Jeff's opinion. Tom seconds the motion Jeff said that as a guide he has never looked at his permit fee as including boat; launch privileges. Jeff said since he has a launching business this puts him in a difficult position. He said as far as the boat launch pass goes, no one is going to pay the $10 fee every time they launch when they can pay $75 for the whole season. He said speaking for himself as a guide and not for the whole guide body, he does not construe having the boat launch pass not being valid at the Pillars as having something taken away from him. Jeff said the toilets at the Pillars have been a great success story. It has eliminated a great many sanitary problems and boat scouring of the banks. No matter what we do at the Pillar we should notlose sight that rest rooms are the most important thing. Lance said what Chris laid out sound very reasonable to him and it is anticipating the problems before they happen. Lance said it would however be important to talk to the ADF&G Sportfish Division about this since they are partners in the Pillars. Ben asked what will happen when the facility is full? Where will parking be and will it be closed after the parking spaces are filled. Chris said that when the 75 parking spaces are used it will be closed. There will be no road parking allowed. Lance suggested the motion be amended to reflect the approval would be contingent upon acceptance by F&G Sportf ish Division. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD - April 17, 1997 Jeff King abstained from the vote. All others were in favor. 7 E. Support for ADF&G's NMFS grant proposal. Ben opened this discussion with a motion to support ADF&G's request for NMFS grant funding for the Kenai River Center. It was seconded by Duane. This would fit in well with the revised management plan which supports the Kenai River Center. Ben also said that Kenai River Sportfish, Inc. will donate $10,000 to KRC for a research library if the Boro okays it. Ben said of the 7 projects listed, 6 projects are specifically dealing either with the KRC or with studies and projects that this board has asked to have completed. It seems to be a -perfect opportunity for some federal funding along this line. Duane made a point of clarification that this motion is not just supporting the KRC but other projects as well. Jeff asked if there was priority attached to the listed items. He said he has special interest in the culvert inventory. He said that is a great .idea. Lance said Senator Stevens put $1 million in NMFS's budget a. couple of years ago and designated it for habitat protection. In the first year it went to the Kenai River. The next year they did not tell F&G that this money was available and they ended up doing some study with it in the Bering Sea. Lance said they put together a proposal for the Kenai River of what needs to be done. NMFS told them they wanted to see a little bit more than just Kenai River stuff. One of the things that they thought about was a study of culverts on anadromous streams. Brannon asked about siltation problems and if that will be included in studies. Lance said that would be part of a water quality study that Trout Unlimited is working on. After discussion the motion passed unanimously. IV. OLD BUSINESS A. Kenai River 320 - Carter wetland fill update. Suzanne informed the board that the permit committee met earlier this afternoon. She said the board members have a copy of a letter that was written to COE based on board comments from the last meeting. we are still in an open review phase in this project as far as the State is concerned. The Boro has asked for more information from Mr. Carter regarding this project. Once the State's response is formulated the board or committee may want to generate another letter echoing some of the State's response to this. The COE indicated that they would be willing to do a - wetland determination on the property for Mr. Carter if he KENAI RIVER SPECIAL MANAGEMENT AREA 8 ADVISORY BOARD - April 17, 1997 requests them to do it. The Boro Planning and Zoning Commission is going to be hearing the KR 320 at their April 28th meeting. We will provide them with copies of correspondence from the board and from the other agencies that have commented. The board is welcome to come and make comments at this meeting. Brannon asks if that wetland has been declared high value or low value. Suzanne said it is the state's position that it is a high level wetland because it is contiguous and undisturbed. We know we have salmon rearing habitat on one end of it. The resource agency's position is that we would like to delineate this and use the HGM modeling on it if Mr. Carter will allow the agencies to delineate this area. Suzanne said based on some of the soils work that was done previously by the Soil Conservation Service, there are places where there is water ponding, with surface water at ground level throughout the area. There is no doubt the property is very wet. Another problem that comes along with this high value/low value wetland issue is that HGM modeling values wetlands by function, without defining a "value". B. Kenai River Terrace Contamination Update - Virgil Norton. Virgil Norton could not be here tonight. Instead Tony Kenard is here from KEC, the environmental firm working on this project since December. He said their analytical is back at this time and the findings have been submitted to DEC. Tony showed the board a number of overheads which showed the levels of tetrachloroethylene at different depths in the soil. He said the main focus on this project was to propose to DEC a way to delineate the tet:rachloroethylene contaminated areas shown on the grid maps. The proposal consisted of using a mobile drill rig and drill on a 20 foot grid pattern. The actual size was 120 feet x 100 feet. They drilled to 35 feet deep. They looked for the lowest contamination detectable which is .03 PPM. The grid maps he showed were at: 5, 10, 15, 20, 25, 30 and 35 feet deep. It does not appear that the ground water has been affected. If this is the case, the recommendation will be to clean up to 10 PFM. Clean up standards will. be decided by DEC. KEC may recommend a higher level while DEC may recommend cleaning to a lower level (that is, lower than 10 PPNC? . After Tony's presentation, the board asked several questions. Peggy asked what the toxicity level is. Rich Sundet, DEC, replied the maximum level is 5 parts per billion for drinking water. For aquatic life it is acute at 5 ppm and could cause immediate death for aquatic life. Chronic would be .84 ppm. Ben asks how the resource and the workers are protected during clean up. Tony said EPA recognizes that 10 PPM is clean enough and non effecting. Ben asked if there are any seeps in the area? Tony said they would need to do a sampling to address seeps. Ben then asked if there had been any monitoring done in the river? Tony said no, and. it would be highly unlikely to find something. KENAI RIVER SPECIAL MMAGEMENT AREA ADVISORY BOARD - April 17, 1997 Ben said this would be a good time to check it out since there -is such a low flow at this time of year. Ben wants to know how much it would cost to do a water quality sampling in the river adjacent to this site?? Tony said it depends on a few factors but somewhere in the neighborhood of $10,000 to $15,000. This would require a plan proposal and be approved first. Brannon asked what is the proposed plan for mitigation since this is not a biodegradable material. Tony said the contaminated areas would need to be heated up until it vaporizes, then push it out with air, cool the matrix down and then trap it back in a carbon drum. There are however air quality issues that further cloud the situation. The only feasible way to do this is a hot purge. V . PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments. Brannon: It is important to stay on DEC to get River Terrace spill cleaned up. Duane: Schedule of proposed actions from the USFS that was in the mail in packet that talks about the various projects that upcoming on the National Forests. Take a look at that and if you have any questions please call. Mike: DEC will stay on top of the River Terrace spill. DEC is in the part of the process that the RP (responsible party) has to have the opportunity to take action. The DEC Couunissioner is involved and if she feels it is not being satisfactorily resolved the Department has the ability to use the response spill fund. Len Verrelli is T..-etiring at the end of this month. He asked Mike to relay to the board that although he only served on this board for a short time he wanted everyone to know how much he appreciated being involved. Peggy: Will board address COE plan to dredge the lower river? Suzanne answered that we will let the Corps know we have concerns with their plans,to dredge. Suzanne would like the board as well as DPOR to get on record that we are concerned with the idea of dredging 1--he harbor because of the values, and we are also concerned about methods of stabilization for bank erosion on the river. Peggy commented to the jet ski issue. She feels it really is a safety issue as well as recreational conflicts. Her last comment was asking the Soldotna Mayor to comment on the salt pile near Soldotna Creek. KENAI RIVER SPECIAL MANAGEMENT AREA 10 ADVISORY BOARD .. April 17, 1997 Robin: Commented on the focus group meetings she attended with KPFA. They had read the draft and had no major comments. But apparently at UCIDA, no one had a chance to read it yet. There were alot of concerns about the lower 5 miles being added to KRSMA that are recommended in the management plan. She suggested that they meet again along with some agency people to go over some of the concerns. Chris will meet on either the 29th or 30th of April with Robin. Tom: Said he noticed that quiet a few board members had met with Assembly members. Still need to work on them with the zoning issues. He will. be reporting to the Assembly next Tuesday. Lance: Said it looks like there is alot of work to do by June 5th! Ben: Said he echoes Brannon's concern. He said it is just poor management that we are not checking the Kenai River for this toxic situation. We ought to be measuring the Kenai River right now in that area. Reminder that the Kenai River Public Lands Clean Up is on the 17th of May. KRSI is involved with the Make - a -Wish Foundation of Anchorage. They will be taking three kids and their parent's and family out on the river. If you can help with anything, i.e. a sweatshirt from State Parks for the kids, taxidermy for a fish if they catch it, fishing stuff. Just a goodie bag for these kids. Please let Ben know. Jack: Will make sure the board stays apprised on anything that happens with the! Corps on the lower river. Ken: Sen Torgerson is the one who got on the River Terrace contamination and we need to thank him for that. On the salt pile, Commissioner Perkins has committed to move the salt pile to a new permanent location this summer. F&G has been granted permits to put in a boardwalk at their sonar counting site at the end of Redoubt. He is concerned about the impact that it could bring people on that property and is worried that it could trash that whole habitat area. Ben said he expressed that to Lance and Lance said it is the Department's intent to close that entire area to bank fishing and to levy fines on people who try to use it. Chris: Suzanne and Chris are participating in KSRM's "Sound Off" in the morning to discuss the KRCMP. B. Date/Agenda of Next Meeting. June 5th at 7 pm. There will be a workshop for board members only from 3 to 5pm. (Note: a later recommendation was made to change this to start at 1:00 since there is so much to do that day.) Respectfully submitted by Denise Dutile. MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: June 12, 1997 RE: KENAI - A COMMUNITY PROFILE Attached is a copy of Kenai - A Community Profile which has been produced by the Kenai Peninsula Borough Economic Development District. Aleja DeVito of EDD delivered them to me this week with a message that they are avaf7able to the city for its use. We may copy them and use them as we wish. elf Kenai Peninsula Borough, Alaska 1997 :..� ' city er K The C ity of Kenai is located in the Kenai Peninsula Borough in Southcentral Alaska, approximately 60 air miles from Anchorage. The City enammpasses approximately 29 usable square miles of land and 5.4 square miles of water. The City of Kenai sits on the shores of Cook Inlet on a coastal plain_ The Kenai River, an important landmark, runs through the City on its way to empty into Cook Inlet. The Chigmit Mountains lie directly across the Inlet from the city, affording spectacular views of three active volca- noes. To the east is the City of Soldotna and the commu- nity of Sterling. Farther east he the majestic Kenai Moun- tains. To the south are the communities of Kasilof, Clam Gulch, Ninilchik, and Anchor Point and the City of Homer. To the north lies the community of Nikisia. The Kenai River has molded the City, determining its geography and its wildlife, and shaping its economy and people. The river is famous for its trophy size king salmon, and its silver salmon, red salmon, and Dolly Varden. In addition, migratory birds and other waterfowl make the river and surrounding wetlands their home. Kenai is home to many other types of wildlife, including moose, bears, caribou and birds. Page 1 Kenai is a patchwork of wetlands, bogs, and the Kenai River floodplam interspersed with developable land. Ap- pro=3ately 60% of Kem s land is owned by a public entity; either the City, the State of Alaska, or the Kenai Peninsula Borough. The privately owned land (40%) is primarily located in areas with development potential, while public land lies in both developable and non - developable areas. 67% of the land, approximately 19 square miles, has natural constraints to development The Kenai River Floodway, riverbanks, and the habitat of migratory birds are not developable. while other wetlands areas may or may not be developable. Kenai experiences relatively mild winters because of the moderating influence of Cook Inlet. Temperatures in January average from a low of 2°F to a high of 20°F. Summers are pleasant with July temperatures averaging between 470F and 62*F. The earliest people living in the Kenai area were Athabaskan Indians, later called the Dena'ina. When Russian fur traders first arrived in the area in 1741, about 1,000 Dena'ina lived in,—'-;: «llage of Shk'ituk't, near the river. The traders called the people "Kenaitze," or "Kenai people." The Russian traders established Fort St. Nicholas in 1791. In 1792, the area became the headquarters of the Cook Inlet region for fur and fish trading. In 1867, the United States of America purchased Alaska from Russia. In 1868, the U.S. military_ established a fort near the present site of Fort Kenay. The late 1800's and the early 1900's saw the development of the commercial fishing industry and the construction of several canneries. Sailing ships made Kenai a regular port of call, bringing in supplies and hauling out salmon. The fishing industry remained strong into the early 1900's. During the Depression, one cannery closed and sailing ships stopped calling on the Port of Kenai, causing the economy to slow. In 1940, homesteading rekindled the area's growth. [n 1957, oil was discovered at Swanson River, beginning another chapter in Kenai's economic development. In 1959, Alaska became the 49th state. Shortly thereafter, in 1960, Kenai incorporated as a first class city and formed a mayor/council form of government. In 1965, offshore oil discoveries were confirmed in Cook Inlet, beginning a period of rapid growth. Oil develop- ment slowed in the 1970's, but continued to fuel the economy. Today Kenai enjoys a culturally diverse popula- tion employed in awide variety of economic activities. 1..� e:w nrrn�crrrrC�r The 1960's and 1970's saw rapid population growth in the City of Kenai fueled by oil exploration and development. By 1960, the population was around 1,000 people. Be- tween 1960 and 1970, the population tripled, reaching 3,000. The 1970's saw slower growth, as the popu- lation topped 4,000 by 1980. In the early 1980's, population grew rapidly, approach- ing 6,000. However, a decline in the price of oil coupled with a real estate crash caused a decrease in population followed by little population growth. In the late 1980's, Kenai rebounded but then saw some decline again. The 1990's has shown a pattern of generally slow growth. with population topping 7,000 in 1995. The current population of the Central Peninsula region is approaching 25,000 residents Overview. The Kenai Peninsula Borough enjoys one of the most diverse economies in the State of Alaska An abundance of natural resources and majestic scenic beauty provide an array of profitable economic opportunities for area resi- dents. Commercial fishing, tourism, and oil and gas related industries all play important roles in the economy. The journey toward development into a diverse economy, however, has been less than smooth. Historical indus- tries such as trapping, fishing and the oil and gas industry have all experienced periods of rapid growth and decline. Since the mid-1980's, however, the economy has shown signs of emerging from this pattern, developing an array of stable industries. In the firwre, tourism, commercial fishing, oil and gas development service and retail, gov- ernment, and other industries will all prove important to the city's continued economic health. Business and Industry The oil and gas industry is a major employer of City residents, with most commuting to Nikiski or the North Slope. Commercial fishing provides another important employer. Many residents work as self-employed com- mercial fishermen, deck hands, crew hands, or carmery workers. The visitor industry has become an important sector of the economy, with residents engaged in retail activities, service activities, or guide service occupations. Both commercial fishing and the visitor industry are seasonal, employing a large number of people in the summer months. Retail activity also plays an important role in the economy, as the Central Peninsula has become a retail center. In Kenai, the openings of a new Cams grocery store and a K-Mart store in close proximity have helped to develop a strong retail base. Income: Kenai residents enjoy a relatively high income level, with the median household income of $42,889. This income level exceeds the state average by slightly over S1,000 per year, and the national average by over $12,000 per year. In addition, Kenai enjoys a lower poverty rate than either the borough, the state, or the nation. Mtn IMUAC- rbae� (]q tww�Y sine U.S. Mod= Houw bald $42P9 5W403 $41,4011 S31,056 P c&Pna S17,tr $13,173 $17.610 $14,420 Bebw Pmvty LAW 1 1.4% T.7% 9.0% 13.1% Page 2 Prn17,,etl hulhe Kenai Peninsula Boroughrcmmmic Oevelounient District !Central iaiamla- Histericd Iapkyant 198*.19%; Employment: (Please note that employment figures are for the Cen- tral Peninsula area. not Kenai alone) Employment in the Central Peninsula area showed strong growth in the early 1980's. The mid-1980's showed evidence of de- cline, with job totals dropping from a high of 8,581 in 1985 to 7,483 in 1987. Em- ployment rebounded after 1987. however, and has continued to grow, reaching 10.698 in 1995. Breaking down employment by specific industries shows that trade represents the largest sector. employing 2 1 % of the total. Services follows closely with 20% of the total number of employed people. The strength of the trade and services sectors reflects the importance of the Central Peninsula as a commercial center for the Borough. Local government employs 171/6 with manufacturing and mining rounding out the top five with 12a/o and 101/o respectively, reflecting on the importance of the oil and gas industry to the local economy. Finance, insurance and real estate; construction; transportation. communication. and utilities: state government, and federal government comprise the remaining 20% of total employment. 1a.. Ak waq �.(Uhw Ceetrd Fealamla Emploram by led.". 1"51 r wra— un 17% erw 1. T—Cam. lV 7�M 3M V—b—&ILL4i M 3s1s Cost of Living: (September 1996, KenaiiSoldotna) COST OF FOOD AT HOME FOR A WEEK IN ALASKA: Family of 2 (20-50): $61.72 Family of 2 (51 & older): $59.29 Family of 4 (children 1-5): $89.19 Family of 4 (children 6-11): $105.01 COST OF FOOD AS A PERCENT OF ANCHORAGE: 104% CONSUMER PRICE INDEX (ANCHORAGE) FOR THE FIRST HALF OF 1996: 141.4 Road: Kenai is located on the Spur Highway 160 road miles southwest of Anchorage. Bridge Access Road links Kenai with Kalifornsky Beach Road connecting to the Sterling Highway which gives Kenai access to southern peninsula communities. To the east, the Spur Highway links Kenai to Soldotna and the Sterling Highway, which connects the community to Anchorage and Seward. Several freight carriers and bus lines serve Kenai Peninsula communities and Anchorage. Air. The Kenai Municipal Airport, as a regional airport, serves as the area's primary collection and distribution center for scheduled passenger, cargo, and mail service to and from other airports. Regular commuter flights link Kenai with Anchorage and other Alaskan communities. Enplane- ments in 1995 totaled 130.355. AW: U.S. Postal Service. UPS. Federal Express. DHL Water: The Kenai River is used recreationally. Cook Inlet serves as a transport for barges and fishing vessels. NATURAL GAS: Supplier- Enstar Natural Gas Co., Soldotna Monthly Rates: Residestial Small Commercial Large Commercial Cuamwr Chg. S4.50 Cistimer Chg $7.50 Cromer Chg. W.00 S.32/Cubic Foot S.30/Cubic Foot S.26/Cubic Foot Tnm,HoNE: Local Supplier- PTI Communications Monthly Rates: Residential- 1-party line $19.80 Business- I -party sine $29.55 Long Distance GCI 1-800-770-7886 AT& T Alascom 1-800-252-7266 Cellular: Mactel 262-3500 AT& T Wireless 283-2244 INTERNET SERVICE PROVIDERS: (LOCAL DIAL -UP) Internet Alaska 907.562.4638 PTI Communications 907.260.1177 Core Communications 907.563.1191 PUBLIC SEWER & WATER: Supplier- City of Kenai Monthly Rates: W3 i uereiei BqdMd 00 dlem QS0. >IS000 dloeM— da S10.35 $15.00 SU1000gd1mo. serer SX70 S42.73 SIM1000 gwimo 1►r S~ i mi line S10.50 M9 Loch line S40 Mo ind line $60 SIBS ELECTRIC: Supplier- Homer Electric Association, Inc. Monthly Rates: RaYeeei l COmmere W Maiawa Dgmk s16S.00 SM.00 Touter Fee 10.00 10.00 Mmbenbip Fee 5.00 500 tastomer mare 11.00 2400 Ron: L Bdow 800 kWh 3.0091:1 Aba"800kWh S.OMS3 REFUSE: Supplier- Private Rates: We" Piet -up ReYswf Gaaeei t Cutomaconuma s15.921mo. compor coftwom 20.41/ma — 2 ymd Connma — MA W= 1 Conhma 117.4&mo Newspapers: Peninsula Clarion (Daily except weekends) Kenai Anchorage Daily News (Daily) Anchorage Peninsula Marketplace (Monthly) Kenai Radio: Several local FM and AM stations Page4 Television: Five Anchorage stations (network) Prime Cable (cable, most areas) Public: Kenai is located in the Kenai Peninsula Borough School District. Funds for schools are provided through the Kenai Peninsula Borough from property taxes and state appropri- ations. Public schools within the City of Kenai include: School 1995 Enrollment Sears Elementary 436 Mountain View Elementary 418 Kenai Middle School 454 Kenai High School 4% Kenai Alternative High School 13 5Keou PeMMnIA Bom00 Scbooi nmo Private: There is a private primary school (Reads Primary School) within the city limits and several private schools outside the city limits (Wings Christian Academy, Cook Inlet Academy). University: University of Alaska, Kenai Peninsula College (KPC) Located in Soldotna, IBC offers programs leading to Associate of Arts and Associate of Applied Science de- grees. KPC also offers a number of upper division undergraduate and graduate courses. Fall 1996 Enrollment: Part Time- 884 Full Time- 299 � K..rw�raerye, deew.�.. Vocational: People Count, a private. non-profit vocational training service, offers employment training. Training is available in a variety of eight -week programs ranging from small business skills to fisheries technology. Otber. The Life Safety Institute looted on a forty -acre lot within the City of Kenai provides training in environmental, health, and safety management. The Institute is equipped with oil fire training props, wtaer supplies, and meets some structural fire trianing needs to include high angle rescue and confined space rescue. The facility is equipped with computerized state-of-the-art control stations. Also in the process of development is an FAA Regional Airliner Fire Fighting School. Construction is scheduled for the spring,of 1997. Produced hV the Kenai Peninseta 5stough tconomicDevelopment District Educational Attainment: Persons 25 years and older: 3,648 Less than 9th grade: 118 3.2% 9th to 12th grade, no diploma: 340 9.3% High school graduate: 1,347 36.9% Some college, no degree: 1,050 28.9% Associate degree: 241 6.6% Bachelor's degree: 374 103% Graduate or professional degree: 179 4.9% 5- 19"Ui O_ City of Kenai: The City of Kenai is a Home: -Rule City with a Council - Manager form of government and an elected mayor. Mavor: John J. Williams City Clerk: Carol Freas 4ddress: City of Kenai 210 Fidalgo Street, Suite 200 Kenai, AK 99611-7794 Telephone: 907.283.7539 (Clerk's Office) Nome Page: http•1/www.kenai.net/city State of Alaska: The State of Alaska maintains the following offices in the Kenai/Soldotna area: Department ofAdmmrstrauon- Telecommunications & Radio Shop, 162- 7584 Department of Commerce- Weights & Measures, 262-3853 Department ofO orrections- Adult Probation & Parole, 28.1-3125 Wildwood Correctiow Center 283-7296 Alaska Court System - Clerk's Office, 283-3110 District Attorney's Office, 283-3131 Department of Edurntron- Drvtsion of Vocational Rehabdaation, 283-3133 Department of Environmennl Conservation- 262-5210 Department of Fish & Game- 262.9.368 Department of Health & Social Services - Division of Family & Youth Services, 283-3136 Division of Public Assistance, 262-9032 Division of Public Health, 18- -4871 Department of 4tbor- Alaska Employment Service, Kenai, 283-2900 AfedtantealInspection, 283-3778 Occupational Safety & Health. 283-7206 Work Programs 262-1412 Legislative Affairs Agency- 283-2030 Department of Mrluwv & Yeterans' Affairs- Alaska Army National Guard 283-7885, Department of Natural ResourcesDivision of Forestry, 262-4124 Kenai District Recorder's Cffce, 283-3118 Department of Public Safety - Alaska State Troopers, 262-4453 Division of Fish & Wildlife Protection, 262-4573 Division of Motor Vehicles, 262-4681 Department ofRevenue- C hdd Support Enforcement Division, 262-2231 Department of Transportation & Public Facilities- 262-4414 Page 5 Federal: The Federal Government maintains the following offices in the Kenai/Soldotna area: U.S. Postal Service, Kenai- 283-7771 Department ofAgriculture Ain viol Resources Conservation Service, 283-8732 Resource Conservation & Development. 283-7493 Rival Development, 262-9131 Army RecrutmgOffwe, 260-3954 Congressional Delegation O,(Jim, 283-5808 Department ofthe interior Kerns Nittonal Wildlife Refuge, 262-7021 Dgwmwm of Veterans' Affairs- Yet Center. 283-5205 Department of Transportation & Public Facilities- Mivisse Safety Detachmem 283-3292 Federal Aviation Administration 19% Property Taxes: Kenai Peninsula Borough Property Tax- Areawide: 8.30 mills Central Peninsula Hospital: 0.50 mills KPC: 0.04 mills City of Kenai 3.50 mills TOTAL PROPERTY TAx 12.34 mills 19% Sales Tax: Kenai Peninsula Borouah 2.0% City of Kenai V 3. % TOTAL SALES TAx 5.0010 19% City of Kenai Certification of Taxable Values: Real Property- S267.603,000 Oil & Gas Property- 3,694,370 Personal Property- 41,594,361 TOTAL PROPERT)'- $312.891.731 5w L� vim.0u 0� Aar ow, Kenai Municipal Airport. Randy Ernst, Airport Manager- (907)283-7951 As the hub for airport traffic in the Kenai Peninsula, the Kenai Municipal Airport is a growing facility. Commer- cial airlines operate over 50 scheduled flights a day to many Alaskan communities, including Anchorage, Ko- diak, and Homer. The airport serves private pilots as well as small air taxi services and other commercial airlines. Airlines flying cargo to and from the Peninsula frequent the facility. The airport has the capacity to accommodate aircraft such as the Boeing 727 and 737. On occasion aircraft as large as the Boeing 747 and the DC 10 have landed at the airport when diverted from Anchorage by inclement weather. The airport has paved runways, a grass strip, and a float plane basin. Fuel is available 24 hours a day and the Regional Flight Service Station is also open 24 hours a day. The Kenai Airport has a restaurant and bar, car rentals, and taxis. 1995 saw 130,355 passen- ger enplanements at the facility, an increase of 10.76% from 1994. 77,911 take -offs and landings were recorded for the airport in 1995, an increase of 2.03% over 1994. Kenai City Dock: Keith Kornelis, Harbor Master- (907) 283-7535 The City of Kenai owns a multiple use public dock and boat ramp near the mouth of the Kenai River. This facility has a boat launch, ramp, fueling facility, restrooms, radios, water, showers, and small cranes to receive cargo and fish. Although there is no long-term moorage space, there are a number of private commercial fish processing docks along both sides of the lower Kenai River that receive fish and provide dry moorage space for commercial fishing vessels. The U. S. Army Corps of Engineers has issued permits for moorage buoys in the Kenai River. Animal Control Shelter. Bill Godek, Animal Control Officer- (907)283-7353 The Kenai Animal Control program provides the citizens of Kenai with education, enforcement of ordinances, ra- bies control, and euthanasia of unwanted animals. Fin Department: David Barnett, Chief- (907)283-7666 The Kenai Fire Department provides 24-hour fire protec- tion, emergency medical service and hazardous materials incidents services, and responds to emergencies at the Kenai Municipal Airport. The department handles all fire investigation, code enforcement inspections, and fire pre- vention programs. The department is staffed with 16 uniformed personnel and one department assistant. Appa- ratus includes three Class A structural fire engines, one 95 foot aerial platform, two aircraft rescue fire fighting vehi- cles, one squad truck, two fully equipped Advanced Car- diac Life Support (ALS) ambulances, one staff vehicle, and one Chief s command vehicle. The Department is currently rated at an ISO CLASS 3. Police Department: Dan Morris, Chief- (907)283-7879 The Kenai Police Department responds to requests for service 24 hours a day. Officers engage in traditional law enforcement duties, including patrol, crime prevention. apprehension of offenders, conflict resolution, facilitation of traffic and people on roadways, and crime investigation. The Department participates in programs such as Business Watch and Drug Abuse Resistance Education (DARE). The Department employs 16 full-time commissioned offi- cers, one seasonal enforcement aide, and one half-time secretary. The Communications Department provides 24-hour service in support of the Police and Fire Depart- ments, answering emergency and administrative calls; monitoring and responding to radio traffic from police, fire, and public works employees; and other support du- ties. The Communications Department employs seven full-time dispatcher/clerics and one communications/ record supervisor. Library - Emily DeForesy Director- (907)283-4378 The Kenai Community Library is owned and operated by the City of Kenai. As part of the Alaska State Library System, the library provides services to the entire Kenai Peninsula. In 1995-96, the library served 87,638 patrons. In addition to regular library services, the library offers tours for public and private schools, a summer reading program for elementary children, four pre-school story hours weekly, a writer's group, geneology training ses- sions, and other programs and activities. Parks & Recreation: Bob Frates, Director- (907)283-3855 The Parks & Recreation Department provides city beauti- fication services, park maintenance, and recreational activ- ities. The Department sponsors an adult softball league in the summer, basketball leagues in the winter, and a children's recreation program in the summer. The Depart- ment maintains two trail systems (fitness and hiking), nine ballfields (five adult and four youth), and nine maintained parks that contain a variety of playground and camping equipment. In addition the City maintains a first-class recreation facility with a full-size gymnasium, racquetball courts, a weight room, and a Teen Center. Senior Services: Patricia Porter, Director- (907)283-4156 The City of Kenai provides a wide variety of services to the elderly of the Kenai, including congregate meals, transportation, shopping assistance, form completion, housing assistance, and recreational activities. A state-of- the-art senior center is the focal point for service delivery. Adjoining the senior center is a 40-unit congregate hous- ing complex. Water & Sewer. The City of Kenai provides water services from three wells within the City. The system serves over 1,300 residences. The City also provides sewer services to approximately the same area receiving water services. somM cityof C—Coepehme- Pla19" Pa4e 6 Pradueed hY the Kenai Peninsula Borough Economic Geveloumenl Distract y • a BOROUGH�0 P-0,q KENAI PENINSULA CITY of KENAI RESOURCES Internet: 1995 Situation and Prospects, 1995. Published by the Kenai Peninsula Borough Economic Development City of Kenai dome Page: District, Inc. • httpJ/www.kenai.city/net 1990 United States Census PTI Alaska: • http:/rwuw.ptialaskanet Other: Department of Community S: Regional Affairs: Kenai Chamber of Commerce, 907.283.7989 • httpJ/www.comregaf.state.ak.us/CIS__TEXT/KE- NALhtm City of Kenai, Clerk's Office, 907.283.7539 Alaska's Sweet Retreat MoUxhome Rentals: Kenai Tour Kenai Visitors & Convention Bureau, 907,283.1991 Ideas • http:i/www.customcpLi-com/commercial/sweetike- Kenai Peninsula Tourism Marketing Council, nai.htm 907.283.3850 Published: Kenai Peninsula Borough Economic Development District, Inc, 907.283.3335 City of Kenai Comprehensive Plan 1996 Kenai Peninsula Borough, 907.262.4441 Pioducea hv the Kenai Peninsula :oDistrict We keep you informed YOUR A monthly pub[ J'y1z' Business News CHAMBER prod ,rpcl Political Events Greater Soldotna Community Issues TODAY- Chamber of Commerce Volume 10.............Issue 6 June 1997 i1CCOMMOV11TIONc5a `p e}C�Je OU .+� 1 i LU E f J_ JU NE 11 i 10:00AM TO 5:00PM �ZI As pu know, the Soldotna Visitor information Center is orqMizing The First Annual Accommodations Open House on Wednesday, June 11 th from 10:00am to 5:00pm. We mailed out 165 invitations to people in the travel/tourism industry. We will also have PSA's on the radio and in the newspapers. Any member who wishes to contribute a complimentary night's accommodation to the out-of-town visitor's can, call Bill Wirin at 262-2400. We will be handing out maps to locate the Open House participants along with the general information. If you have any promotional materials that you would like us to include in these packets, such as coupons, key chains, etc. (no brochures please), bring them by the office or visitor center by June 6th. If you did not receive information about this member event and wish to be involved, please call the chamber office. OPEN HOUSE TIP: ON THE DAY OF THE OPEN HOT "SE HANG ( I "T FLAGS. BALLOONS AND/OR SIGNAGE DIRECTING PEOPLE _F0 YOUR ACCOMMODATION SPRING CLEAN—UP Over ninety people picked up 2,500 trash bags from our chamber office. We handed out trash bags to people for cleaning up not only the immediate Soldotna area but also, Sterling, Kasiiof, ;aribou Hills, Funny River Road, Cooper Landing, ano areas between. We would like to thank all of the civic minded folks who got out and cleaned up, and the sponsors and volunteers who helped make Spring Clean-up possible: ALPAR, Lynden Transport, Peninsula Sanitation, the Kenai Chamber of Commerce, the Kenai Peninsula Borough, Mom & Dad's Grocery in Sterling, the Chamber's Beautification Committee; Linda Kuicer and Mavis Lancaster, and S-Idotna Area Senior Citizen volunteers; Dora Estevez, Ruth Kerman, Katherine Glick, Ina Weingardt, Juanita Trumbly, and Kate Quelland. If we all work together we can keep it clean! 11 HiA1 K :OU FOR YOUR CONTINUED SUPPORT 7HE OLLOWING NIEMBERS RENEWED THEIR MErABERSHIP DURING THE ."1ONTH OF MAY Aksaia Bunk & Breakfast Loon Lake Resort i Alaska Flagg's Kenai Charters Life Consultants I Alaska's Kenai Peninsula Reservations Longmere Lakeside B & B Alaska's Wildlife E & B Lynden Transport Amvets Post 4 Mackey Lake B & B Birch Tree Gallery Mallard Rest Bed & Breakfast Brass Ring B & B Mary's Hairstyling Central Peninsula Counseling Services Northern Adjusters, Inc. Crooked Creek R'J Park Peninsula Physical Therapy D.J.'s Log Cabins Raven ContractorsiChumiev's Deal's Den Bed & Breakfast Road Runner B & B DeVito's Lodging Signs Plus Fish Happens Guide Service Soldotna Senior Citizens Hospice of the Central Peninsula, Inc Taco Bell Ilimana Lock & Key Mobile Locksmith The RdOKery B & B Kasilof R V Park Tours on the Kenai I Kasilof River Cabins Tustumena Ridge Cabins Kenai Fjords Tours Wares Cove Packing Kenai Peninsuia Girl Scouts Woody Bird Circle B & B Kenai River Cabins Killey River Cabins Knight Manor Leonard's Last Frontier Fishing Adventures 1997 SOLDOTNA RECREATION & VISITORS GUIDES HIT THE STANDS! Thanks to area businesses. the 1997 Recreation Guides are all over town! You can look for Guides at the following locations; Beluga Lookout RV Park, Best Western King Salmon Motel, Birch Ridge Golf Course. Blazy Mall, Carrs. Duck Inn, Fred Meyer. Golden internationai Restaurant, Goodnight Inn, K- Mart, Kasilof Mercantile, Kenai Airport. Kenai Mall, Kenai Merit Inn, Kenai River Lodge, Kenai Visitor & Convention Bureau, Mykel's Restaurant, Payless, Riverside House, Safeway, Seekins Ford, Sourdough Sal's, Thompson's Log Gifts, Uptown Motel, Soldotna & Kenai 7-Eleven's and Mapco Stations. If you know of any other high - profile locations that you would like to see this publication. just let us know. =T- The Board of Directors would like to thank Jim Stogsdill for filling the Soldotna Chamber of Commerce's seat with the Kenai Peninsula Tourism Marketing Council, Inc. and Joe Dilley for representing us on the Volcano Learning Center's Board. We appreciate their commitment to keeping the Soldotna Chamber Board and membership involved and informed. Don Krueger of Homer Stage Lines took time out of his busy schedule to deliver 2,000 Soldotna Recreation Guides to FunDex, a company that the Soldotna Chamber has contracted with to distribute and stock the Guide at 100 highly visible locations throughout Anchorge. Homer Stage Lines offers regular passenger and parcel services between Homer. Soldotna, Seward and Anchorage. REMEMBER... WE NEED YOUR UPDATE FOR THE ACCOMMODATIONS MANUAL WELCOME NEW ME:°ABE?t.! 1 Alaska Wilderness Plantation Karrie Ringeisen 2910 West 31 st Ave. Anchorage, AK 99517 243-3519 Best Transit Mix Vickie Aber or Terry Best 10819 Kenai Spur Hwy., Ste. Kenai, AK 99611 262-6273 Gotta Fish Charters Debbie Mackie HC 2 Box 332 Soldotna. AK 99669 262-9256 Gray Video Publishing, Inc. Paul Gray .35555 Kenai Spur Hwy., #232 Soldotna, AK 99669 262-9008 Kenai Peninsula Eagle Press Bill Hutchinson 479 PO Box 2428 Soldotna, AK 99669 262-6767 Krueger's Alaskan Big Game Guides Tom & Mark Krueger PO Box 3198 Soldotna, AK 99669 262-2538 Whiskey Gulch Taxidermy Bob & Ann Hames HC 67 Box 292 Anchor Point, AK 99556 ANOTHER NEW MEMBER BE.NEFIT...and it's FREE! WindSong Wilderness Retreat at Lake Clark Gary Titus PO Box 513 Sterling, AK 99672 262-8551 Soldotna Medical Clinic Gonzalo Fraser 315 South Kobuk Soldotna, AK 99669 262-5115 Stephan's Tool Rental & Sales, Inc Diana Stephens 524 K-Beach Rd. Soldotna 262-8700 Any Soldotna Chamber Members who do not have a brochure to display will ' now have the opportunity to display their business cards in the chamber office. We are planning to have the display rack on the wall by the second week in JL So, bring in 50-100 of your business cards and let us help you promote your b�, .... , ,,. STUDEXTS' �CONORED Students selected for May Student of the Month Awards were; Megan Newbould, an 8th grader at Soldotna Middle School; Brian D. Baker, a Senior at Skyview High School; and Megan Webb for May and Ruben Boudreaux for April, both Seniors at Soldotna High School. We would like to congratulate these outstanding students and wish all students a safe and fun summer. Once again, thanks to Bank of America for their continued support of the Student of the Month Program. HAVE YOU SEEN OUR WEB PAGE YET? Well, we're impressed! The Web Guy has been doing a great job. We have already got 475 hits (yes, we're counting) just since May 1 st. DID YOU KNOW that the Soldotna ChamberNisitor Information Center's Web Page is linked to the Soldotna Police Department, the World Chamber of Commerce, the Alaska Visitor & Convention Bureau. the Alaska Tourism Marketing Council, and the Kenai Peninsula Info Net? Also, all of our new advertising includes our Web address t i.e. Milepost, KPTMC, etc.) WOW! Talk about exposure! JUNE CHAMBER LUNCHEON CALENDAR TUESDAY @ NOON, RIVERSIDE HOUSE June 3 Representative Gary Davis, Legislative Update June 10 Paul Gray, Production of Soldotna Promotional Video June 17 TBA June 24 Michelle Phillips, Kenai Peninsula Jobs Club �x .Saidat.Ha ea,*~, ce 44790 ,$ec�;curt'. , .5d4, Asa.. ,-> 99669 HAPPY FATHER'S DAY! Mayor John Williams City of Kenai 210 Fidalgo Kenai AK 99611 U.S. Postage I PAID Permit No 5 Soldotna, AK 996691 Printed courtesy of The C:opyworks, 405 Overland Street, Suite #102, Kenai Alaska 99669, 283-6503 I 1997 BOARD OF DIRECTORS President Vice President Sec/Treasurer Past President Ken Lancaster Jr Mike Sweeney Bob Sizemore Sammie Cole Norman Blakeley Richard Brown Rik Bucy Michele Glaves Clyde Johnson Linda Kuiper Linda Parker Diana Spann Executive Director Justine Polzin Office Assistant Randi Smith Lancaster Enterprises 262-4591 Sweeney's Clothing 262-5916 Bank of America 283-3369 Southcentral Title 262-4494 Alaska Trading Company 262-6100 Soldotna Historical Society 262-9322 Fred Meyer 260-2200 Peninsula Clarion 283-7551 K.P. Economic Dev. District 283-3335 TransAlaska Title 262-5708' Kenai Peninsula Food Bank 262-3111 MacTel Cellular Systems 262-3500 Soldotna Chamber 262-9814 Fax.............................................. 262-356( E-Mail: soichmbr@ptialaska.net (donated by PTI Communications) Web Page: www.ptialaska.net/-soichmbr/ Ul Q lD G' W - E N L L Z = i y Q' W = O r r ` ^ O Q O C W = O ID Lr 6� Y > _ V) In Z CL) 0— EL V .= O y to b C7 w z N v c UO > ` fV � J m "J 1. vVeoffir, C � Q Q Z 1 1 G O n YOGI- n Z W U Q .� r _ �jt� W N H Z Z OOfW„ Z0 O 30 Z _ Q ZWQvf On0°u�, �C =HY N u Z G L cr ^W}�v�oW> - Ous "?0.: oL� raz} puLLJ nZ} Our L Z" <��xmd� _ � Zu Zu.. _ cc U ry U u c Z QW Z Q ' �za LLJ H } n g LU J � m i i c I N CI Y W !� Cr ham} Z c Q Out Z U .. m ca E V u A ad - `fi C WiW �z} > °a' 0 L) fV t\ Z V m"�:S ru C V d Y 00 Z Z o u LA pYV) CC: UYiYaQ . W U O Q J >Q U Z .. Z Z O�Q OQNO IyZ}H Z—Zp �aZV c'O0v V,a� W W N 1 WJan O W- W Qi' nWQO �_�� U w Y O Q } d ccU N Q fi 2 Q In H In .Z LnU JE Q � ZW 0W C,_ cc - l LA = Z f W W W W _ u0 w a d In a) N °rNN 20 0 CLE.,I FAX NO, K7262861 Kenai Peninsula Borough Clerk"s O TO: Members of the Kenai Peninsula Municipal Coalition FROM, Borough CIerk Linda Murphy6'/,,��� DATE: June 11, 1997 SUBJECT: Draft Muiutcs — June 4, I997 ice Attached are draft minutes of the 06/04 Coalition meeting. if you notice any errors, please fax, e- mail or call me If you have any items for the September 3 uiccting in Homer, please send the title and any backup material to me no later than August 18 so that packets can he prepared and distributed prior to the meeting. Thanks for your assistance. NOTE TO CITY CLERKS: Please provide copies of this memorandum and the attached to your Mayors, Councils and City Managers. 144 N. Binkley, Soldotna, AK 99669 907-262-8608 - FAX 907-262-8615 - E-Mail lcnurpliy@borougli.keiiai.ak.us 01 KENA.I PEA" ENS'ULA MUNICIPAL COALITION Regular Meeting Soldotna. Alaska June 4, 1997 CALL TO ORDER The June 4, 1997 regular meeting of the Kenai Peninsula Municipal Coalition was called to order by Chairman Ron Dratlunan at 10:10 a.m. in the Assembly Chambers, Soldotna, Alaska. ROLL CALL There were present: Ron Drathman, Coalition Chairman, Kenai Peninsula Borough Assembly Mike Navarre, Kenai Peninsula Borough Mayor Mike Wiley, Kenai Peninsula Borough Assembly Louis Rencardino, Mayor of Seward Margaret Anderson, Seward City Council Tim StogsdilI, Soldotna City Council Tim Volstad, Mayor of Seldovia Also present were:: Bonnie Golden, Assistant to Mayor Navarre Jeff Sint, KPB Finance Director Larry Semmens, Kenai Finance Director Kick Gifford, Seward Finance Director Joel Wilkins, Soldotna Finance Director Teresa Walker, Assistant to Soldotna City Manager Boedeker Linda Murphy, Kenai Peninsula Borough Clerk APPROVAL OF NUNUTES The May 7, 1997 regular meeting minutes were approved as written without objection. UNFINISHED BUSINESS Persona Property Tax — KPB Ordinance 97-22, Mayor Navarre distributed a report outlining three personal property tax alternatives under consideration. (Copy attached and incorporated as a supplement to rniriuLes.) He noted that the elimination of the personal property tax would result in a $4.35 Million tax revenue loss horoughwide, and the three alternatives presented offered options for replacing the lost revenues. Discussion followed regarding the merits of each of the three alternatives. Sinz noted that Option 2 (a one percent borough sales tax increase) would include an allocation back to the cities in the borough to make up for their loss of personal property tax revenues. Semmens objected to an increase in the sales tax , stating that this was a regressive tax affecting those on the lower end of the economic ladder. He stated that a tax on personal property was more equitable and affected those most able to pay. Drathman stated that he would prefer an Jurte 4, 1997 Kenai peninsula Municipal Coalition Minutes Page No. 1 of3 ad valorem tax rather than a f1ct: tax pan motor vehicles; Semmens agreed. Navarre stated that he could not support the personal property tax ucdinaace currently before the assembly. Anderson stated that the Coalition was on the right track and a review of the tax structure should continue_ She suggested that the Coalition members work through the Alaska Municipal League on Governor Nickel's proposal for a permanent fund dividend program benefitting communities. Navarre noted that any revenue stream dedicated to municipalities would probably result in a further erosion of municipal assistance and revenue sharing. He emphasized the need for a state budget plan and stressed the importance of having at least an outline of such a plan in place before the borough and the cities endorsed the ITickel plan or any other plan by resolution. Tourism Enhancement — Community iosks, Stephanie Gorder, Kenai Peninsula Tourism Marketing Council Executive Director, suggested a cooperative rlTui t between the Coalition and the KPTMC in the development of community kiosks. Anderson stated that she would work with Gorder to develop a kiosk design to bring back to the Coalition. RE('ESS: The meeting recessed at 12:00 Noon for lunch and reconvened at 1:15 p.m. Pr=wd R=reation Service Area District. Mayor Navarre stated that he was exploring the possibility of raising funds boroughwide for allocation to cities or community groups as capital matching grants for recreational facilities. Mayor Volstad suggested that these funds also be available for funding programs as well as capital construction. GENERAL COMMENTS ANDERSON noted that this was the fiftieth anniversary of the Kenai Burn and expressed concern that a similar fire today would result in a devastating loss of revenue and infrastructure in the borough. W ILEY noted that he had attended the first meeting of the newly appointed Trails Commission. RENCARDINO noted that the Alaska Seai,ife Center was four months ahead of the construction schedule and was on budget. He stated that the Center was offering hard hat tours throughout the summer. ANDERSON voiced her appreciation for Mayor Navarre's input and expertise on state issues. She added that she would like to see a more equitable tax structure throughout the borough. GOLDEN noted that the assembly had confirmed the appointment of three new department heads at its June 3 meeting: Finance Director Jeffrey Sinn, Assessor Tun Lawyer and Maintenance Director Dave Eagle. NAVARRE stated that he would continue working on budget plans at the state level. June d, 1997 Kenai Peninsula Municipal Coalition Mirrutes Page No. 2 of 3 DRATHMAN stated that the Coalition meetings were beneficial and he wished to see them continue. He complimcntcd Dave Eagle on his rapid response to a maintenance problem in Homer. NEXT SCHEDULED MEETING The next meeting was scheduled to begin at 11:00 a.m. on Wednesday, September 3, in Homer, Alaska. ADJOURNMENT The meeting was adjourned at 2:00 p.m. Linda Murphy, Borough Clerk Ja"e d, 1997 Kenai Peninsula Municipal Coalition Minutes Page No. 3 of 3 ----- �y�1 pp la --CC --)—_• CI •�_C�C)';�'- —C _.__.. Y1 `P oN oNp ��s.� . « � .n. _._..._...._�_ a^ _- ar Q .•.• (L lX: 4' II IF av C � �I e• , Ji o y f� m 11( !•f � Of O m� N�� m O� t0 n ti^ w ti m ONA8S, N rrO�tD, 01 O A Yf tuvn N � Y vJ• c m N N g- N r- v` to m =_? � A A A A A A A A A A A AI N N N N g W G► A o y m � Pryryi a '� m ■ tl � � H �•� r o a QQ i6 � is o � 40� Ea' m 5po n"QIOmhNi�g O t01 y 12N1r OI en C Q �Uai .^'^..N a'a-'Ori »i Ci j�i � �N�'� � p b� • > u 4 NYYYYYNYNNNN N wYNNN MI N Ti 4 D C U G .7 Q A n r ne.�'=E o 0- a p c a m m J G q b m tO ♦» N w " -kI f�A V m• a '� Y G? m y �_ N N r r r r Y ym91 K i 9 S p m ra s g �•�$�s1 $ s W Qi m K 8 v A �p p I]i 8 A r at �iD R 1".N� r tiri n N y I _ r Nx rpp x� Y a b N M > w F LL N m c ^' rf •i n A ri ..a T O m� N .•. � ..-. � ,�,� mimr�. An � n f n r7 m m O a N�B.�um NN _O""a0t00 NrA o, N anwlnrn In .1'Coo rld v v N a71 N a� G W� M C .. QOP www w �wwwwww .• rN NNN .► C = -- n »Q 'C O 2 C � H u1, q mO 1 1W m N N N 'no7, In A G w V'0 N O <» nnnNO 6. ¢ t~0�m --L Q V ,r1f ui rm+ ut .. •ei Q 8 b h N O• �i T b ip N ^ M O tD O r0 y C1 t•1 ^ CM �" r a0i n m A r» N a r. m L t9 A w d° L Y „U n 0m� 8 m Y c d a Y Y N m d3 s 03 R C( H 6 z w x KENAI RivER SPECI:LL XMAGSd3Wf.' 10 AREA ADVISORY HOARD Xiuutes J�=c 5, 1997 up for vote and unanimously, accepted with the changes in this paragraph. The next issue Bruce brought to discussion is Single permit application. This is on page 28 of the 5/20/97 Memo. This is a recommendation for consolidation of permits within agencies. Lance said he does not support this because he said it will actually slow the permitting process down. The reason is that if you lump all the permits together you will have to change state and federal laws to do that. The whole process would then be driven by the legal requirements of the slowest permit. currently DPOR and F&G permits which cover most activities do not require public notice and do not have third party appeals. If this recommendation is made it may, clear up the confusion of filling out a number of permits, but most of these permits would not be issued in less than 60 days and may be longer. Lance then made the mot::on to have the Kenai River Center staff consider options for consolidating permits in those activities that are authorized on the Kenai River and explore other efficiencies. The motion is seconded_' it is called for a vote and unanimously accepted. At this point in the meeting it was nearing 10!20 pm and some board members needed to catch a plane to Anchorage. After some discussion it was decided to continue this meeting and finish the agenda on June 17th. B . Review/,Approval of Agency HOU (to be continued) C. vessel Crowding Study Discussion (to be continued) VT. PUBLIC COMaNT (to be continued) VII. ADJOURInn= A. Board Co=ents B. Date/Agenda of Next Xseting. The agenda will be continued at a special meeting on June 17th at s:30 pm at Cook Inlet Aquaculture. Respectfully subnutted by Denise Dutile JUN-13-97 FRI 13:59 ALASKA STATE PARKS-KENAI FAX N0, 9072621-717 P.10 RENAI RIVER SPECIAL XMGMMT 9 AREA ADVIsoRY BOARD - minutes j=e 5, 1997 Staff does not recommend change by Div of Mining and Water. This change was made with no discussion. The next issue is on page 19, Incoroorate State Land within Kgs . This is the issue of the Boro land in the Quartz Creek area that should be relinquished by the Boro to the State for incorporation into KRSMA. The motion is made by Duane to -accept the change, it is seconded, and voted unanimously. The next issue is on page 19, Additional waters in the KRSMA. Tom Knock made the motion to include the following waters: Jim Creek, Juneau Creek, Bean Creek, Dry Creek, Dave's Creek, Indian Creek, Quartz Creek, Crescent Creek, including all those in Cooper Landing and Cooper Creek arcar., Upper and Lower Trail Lakes and River and to include the Snow River, and delete recommendation to include the lower 4 miles of the Kenai River. It was seconded and voted on unanimously. The next issue discussed is on page 24, Forestry/Logging standards. Ben made the motion to accept recommendation 4.5.5.6 as writ, -ten in the 5/20/97 Memo. It was seconded. Ben said the problem is that this recommendation seems to be totally focused on the forest and that is not the focus of this group. He said it is a little confusing given this board's mission. Bruce said there needed to be some language for clearing areas for campgrounds, trails. We are also concerned that this authority does not: get carried away. Therefore we transferred the approval for these kinds of actions from Division of Forestry to Division of Parks. It did not make sense to say that all timber operation or harvest shall be prohibited on the land within KRSMA because of possible campgrounds, trails, etc_ Lance said the purpose of the KRSMA is to fish and wildlife and public recreation and any forestry that goes on there should be for the purposes of protecting and maintaining those resources. Lance said he is uncomfortable with the language "forest health management". Bruce said it should say that "logging is prohibited except as may be;necessary to carry out the statutory purposes of the KRSMA.11 Lance agreed and proposed a new motion with Bruce's language. (Ben withdrew his earlier motion)_ Bruce clarified the above motion saying that the board is withdrawing the recommendation on page 24 of the 5/20/97 Memo and replacing the wording under section 4.5.5.6.2 that says "except as may be necessary for forest health management measures" with "except as may be necessary to carry out the statutory purposes of the KRSMA". Ted then proposed that in section 4.5.5.6.3 the words "except as may be necessary" be deleted. It is then brought R'ENAI RIVZR SPE=IJ� MAN.AGEKENT El AREA ADVISORY BOARD - Minutes June 5, 1997 may sense property owners who have tried in the past to do the right thing according to state biologists. Ben said the stakeholders group could consist of property owners, biologists and other interested parties. The motion was voted on to delete the last page of the plan. It was unanimously approved. Bruce said this should not hold up the plan in order to resolve this issue but consider it an amendment for the future. Delete the last page from the plan and form a working group to analyze the issues ;involved. Ben made the motion to create a panel to look at walkway standards that wil:' be an addendum to the plan with a target date of November. This will include property owners, Boro, DPOR, F&G and board members. It was seconded. This was voted on and unanimous consent was obtained. The next issue discussed by Bruce is on page 14 of the 5/20/97, habitat/restoration. Bruce said staff recommended the deletion of the recommendation to have a land trust manage lands for habitat protection. This was voted on and unanimously agreed on. The next issue is on page 15 of the 5/20/97 Memo, land use Mental Health. It reads as follows beginning with "actual policies for state lands found within KRSMA (anal where it says do not, strike out the words "do not") apply to lands.._." Duane made the motion to accept the changes. This was voted on and accepted unanimously. The next issue discussed by Bruce is on page 16 of the 5/20/97 Memo, Borough Habitat Protection Ordinance_ The concern is to communicate to the Borough in some fashion the need to re- evaluate the width of the setback. Bruce recommended including a recommendation stated as follows. "Recommend that the KPBoro in its forthcoming review on the Habitat Protection Ordinance re- evaluate the width of the Habitat Protection Ordinance particularly to insure the protection and maintenance of habitat and fishery of the Kenai River. This might include increasing its width to reflect differences in private and public land between urban and rural areas." The effect of this is basically to say that on the next go around of the Boro for them to re- evaluate the width of the ordinance in terms of habitat aspect. Ben made the motion to adopt amended recommendation 4.5.3.1 made by Bruce. This was seconded. It was voted on and accepted unanimously. Next issue is on page 18, Deposal of land abutting Kenai River. UN-13-97 FRI 13,53 ALASKA STATE PARKS-KENAI FAX NO, 9072622717 P,08 KENAI RIVER SPECIAL MANAGM= 7 AREA ADVISORY BOARD - Minutes June 5, 1997 solutions and bring them back to the board in 90 days. Please refer to page 9 of the 5/20 Memo. Ben seconded. Mike said to add methods of enforcement for this task force to consider. Duane made the friendly amendment to include the Moose Pass Advisory and Planning Commission and USES to the task force. Ted agreed. Peggy commented that 90 days may not be realistic and amended it to be 120 days. she also asked for the City of Kenai to included in the task force since the lower 4 miles may be considered. Ted agreed -'to the friendly amendment. Jim Stratton recommended moving quickly on this as DNR needs to add this to the :Fall rag package. It was voted on unanimously to form the task force and report back to the board in 120 days. The next issue brought up by Bruce was in -stream structures, section 4.5.2.3 of the May 20 Memo. Bruce said this issue may not be dealt with tonite because it appears there needs to be a little more time to reach resolution on this particular area. Ted said he has ,serious concerns for the property owners. This deals with both in stream structures and bank protection. There has been alot of discussion on this issue with Lance and he felt they are very close to agreement. Lance said the wording is not quite worked out yet. Bruce said Ted and Lance will work out the wording and submit it to the board_ If there are further significant concerns Bruce suggested having a teleconference with the board members. Ted then made the motion to recommend delay of action on section 4.5.2.3 for a period of two weeks until it can be worked out. There was unanimous consent on this vote. Board members will be sent revised changes worked out between Ted, Lance and nPOR and they will be adopted later if they are acceptable. The next issue discussed by Bruce was walkway standards. Ben made the motion to omit the last page in the draft plan and substitute under walkway standards a concept creating a user group, stakeholders group to evaluate standards and come back with recommendations for structure sizes and standard3. It was seconded. Ben clarified this issue by stating there seem to be enough questions in this recommendation about the 1/3, 1/4 and 1/5s. He said he is not sure the formula provided is really the best for the habitat protection of the river. It he also said it rJMI RIVER SPECIAL MkNAGEMM Ei AREA ADVISORY BOARD - Minutes .nine 5, 1997 5/20/97 Memo. Jim H. made the motion to adopt a recommendation which allows a permit for a tew individuals to use their power boats in the area which would otherwise be closed to motor use. He explained this would be limited to the property owners in that stretch of river who motor over to the island near their property to fish. This area has swift running water and could not be accessed with just a drift boat. This would be just a 1/4 mile stretch. Ben asked what kind of impact would this special permit have on staff at DPOR_ Suzanne said she could see that as a problem as there will be no doubt phone calls from the public about the power boats in a drift area only. Chris said this might open the exception to jet ski users and did we really want to allow that. Ted stated it is a bad idea to exempt particular people from a regulation. He cannot support this. It was then voted on and with the exception of Jim H., all members voted against this motion. The motion "'ailed to exempt those living in that area_ However the recommendation on pp. 7 and 8 of the 5/20/97 memo stands to be approved as written. The next issue Bruce took up was 1 et ski prohibition on pp 8, 9, and la_ Peggy makes the motion to recommend that jet skis, hovercraf t, hydroplanes and air boats be prohibited on Kenai Lake, Upper and Lower Trail Lakes. It is seconded. Discussion began with Ted. He said he does not support the closure on the whole Kenai Lake.. He said it would be better to = sensitive areas and close those areas. Ben also does not agree that Kenai Lake and the lower 4 miles of the river should be closed to jet skis. Tom Knock proposes a ban to jet skis on Kenai Lake west of Porcupine Island but open to the east_ Peggy said we may be missing an opportunity to nip a future problem in the bud. Jet skis have a detrimental affect on habitat, public safety and noise. Jeff King said the public comment from Cooper Landing was that they wanted a quiet enjoyment of the lake and asked for Tom to suggest a friendly amendment to Peggy's motion to ban jet skis west of Porcupine Island. The friendly amendment was accepted. Peggy,s motion was voted on and it did not pass. Abstaining from the vote were Chris and Lance. Ted then made the motion for a task force to be formed to ID JN-13-97 7"1 13;57 ALASKA STATE Pf{RKS-KENAI FAX NO, 9072623717 P.06 KENAI RIVER SPECIAL MMAGEB= 5 AREA ADVISORY BOARD - Minutes June 5, 1997 an area that is declared by the Commissioner for mineral leasing. Thaz closes it to mineral entry. The Commissioner may enact a mineral closure, lease hold location on designation over an area or a portion of an area at his discretion. Bruce refers the board to a Memo date 6/2/97 that changes the language of section 4..4.8. This makes the lease hold location order in terms of stipulations much more specific. Please also refer to the footnote at the bottom of the memo. Bruce said the mineral potential in this area is very low. Discussion ensued by the board members on the language change. Lance said he is concerned that someone could go out and stake now before the Commissioner signs the leasehold location order. He made the motion to add the following to the change. "surface mining operations under the area affected are subject to appropriate restrictions, subsurface areas may be allowable with zero discharge into the stream_" Bruce said the other part of this is the "special use" designation to include Kenai River and'Kenai Lake tributaries and streams be added to the KRSMA. Ben made the motion to accept the language change by Bruce and to add Lances language to it. It was seconded. Peggy asked if the special use designation included Upper and Lower Trail Lakes and River. Bruce said it does not but is a good idea. Peggy made the friendly amendment to include Upper/Lower Trail Lakes and River in the designation. It was then voted on to accept the language changes by Bruce, with additional language from Ben and to include Upper and Lower Trail Lakes and River in the special use designation_ This passed unanimously. Bruce goes on to the next issue: Derbies. This is on page 6 of the 5/20/97 Meaty. Peggy made the motion to accept the changes as made. It is seconded. Peggy said the draft plan had recommendations on derbies that were a bit loose. She read the substitute language: "Derbies on the Kenai River should be limited to those which do not occur at the peak of a particular fishery and not designed to attract large numbers of additional fishers to the river, which do not occur during periods of projected low fish stocks and have been identified by ADF6-G for protection and which are conducted by a 501 C.3, non-profit group that returns all, of the funds generated to the Kenai River for conservation or education purposes, minus a reasonable amount of deductions for event overhead and administrative costs." Peggy feels this language tightens it up considerably. This was voted on and.accepted unanimously. Next is the dri gt areas issue. Bruce referred to page 7 of the KEt AI R=R SPEI CAL :HIXAGMPI` 4 AREA ADVISORY 134:WX June 5, 1397 increased enforcement presence. This would .be an addition to 4.5.6 Financial. This is on page 69 of the Memo of 5/20/97. The following would be added to the problem statement. "The inclusion of additional parcels of State land or waters within the KRSMA will require additional enforcement presence on the part of the State. Revenues derived from user fees or other funding sources will be required to support this additional management presence." Ben made the motion to adopt the above language and it was seconded. The vote was unanimous to accept the language addition. Ben said in consideration of the plan that there be a formation of a non-profit foundation to which fees could be deposited_ Look at ways in which user fees can be returned to the river. It would have specific direction as to how that money would be spent. Peggy moved to adopt Bens suggestion. Ben said he would like to see the recommendation open enough to allow ways to explore this idea. Bruce said it would be okay to include this reco=nendation. It is broad enough to allow us to work further on this. It will be better to include this in the background section on page 70. There was unanimous consent to explore the idea of a non profit entity to accept user fees. The next issue is Mineral closures on page 21 of the Memo of 5/20/97. Bruce said the AMA is philosophically opposed to mineral closures as they feel there are sufficient controls applied through permitting to prevent adverse impacts. AMA said it precludes the opportunity to explore and thereby possibly developed potential mineral resources. Bruce said he did not. concur entirely with this recommendation. He said that the mainstem of the Kenai River was an area that has been closed and will be continued to be closed. Additions to KRSMA, essentially west of Cooper Landing, both land and water should be subject to closure. AMA suggested that closures should not occur in all other areas. Quartz Creek and the Cooper Landing area were specifically mentioned. Bruce did not concur with that recommendation. Bruce said he came up with a lease hold location order idea for the new land additions in the Cooper Landing area, tributaries and a few parcels on Kenai Lake. The Alaska Statute reads that. any lands added to KRSMA are closed to mineral entry. Bruce explained some of the problems with mineral closing orders. If there is a time delay between closure recotrnttendation and when lands are actually legislatively added you run the risk of staking claims. Staked and recorded mining claims are considered a pre-existing right. Bruce explained that a lease hold location order is issued under JUN-13-97 FRI 13:5tli ALASKA STATE PARKS-KENAI FAX NO. 9072623717 P.04 KENAI RIVER SPECIAL MANAGEN3M 3 AREA ADVISORY BOARD - Minutes acne 5, 1997 the hard stands necessary for the health of the Kenai River. KWF supports the inclusion of the lower 4 miles of the river as well as all its tributaries. 111. NEW BUsnmss A. Review/Approval of Public Review Draft. Bruce led the board through this agenda item. He started with wetland issues referring to the Memo of 5/20/97 on page 26, the changes to goals and objectives statement. Bruce said the purpose of the changes are to identify the need to evaluate cumulative impacts of wetland permitting decisions and to emphasize the no net loss of all wetlands. This may not relate to all wetlands. It relates to those that have a specific value. Bruce also said that the plan uses the verbage "high value wetland" that are adjacent to the river. He said that not all the wetlands in the general area of the. map (in this part of the plan) are included in the plan boundary_ There is a recommendation that the HGM study be a guideline for assessment of the wetlands. The wetlands could be pre -identified with this tool. The motion to accept this change is made and seconded. Discussion then began with Ted recommending against "no net loss" until high value wetlands can be identified through the HGM process. Jim A. asked if we should refer to the old plan until the RGM studies can be done. Bruce said it is not a good idea to fall back on the old plans methodology. it is out of date. Peggy said that wetlands and how they relate to the river is an area that we need to know more about. There may be a wetland a couple of miles away from the river that feeds an important aquifer for the Kenai River. She is concerned about whether the HGM studies will give us all the information needed to determine values of wetlands. Mike Conway said there are such a vast number of wetlands related to the Kenai River that there would not be enough time to classify all of them but HGM will give us a guide book to determine functions of wetlands that will be useful on a case by case basis. This should help the permitting system with their determinations. The motion to accept the changes made by Bruce on page 26 under section 4.5.5.9 of the Memo date 5/20/97 were then voted on. The motion passed with the exception of Ted who opposed it. The next. change Bruce went over was on -Sgr Fees. The change will be to the -problem statement. Bruce said that Ben brought up the concern that if additional land is added to the KRSMA that there be additional resources provided because it will require RENAL RIVER SPEc=: HAV=VCWT AREA ADVISORY BOAPJD - Hiautes T=e 5, 1997 They are also concerned about any restrictions that could apply to that portion of the river such as moorage and horse power restrictions. Another concern that UCIDA has is with the some of the legislatures who have anti -commercial fishing fervors with the inclusion of the lower 4 miles having to go through these legislators as that could be damaging to the commercial fishermen. Ross Brudenell, a property owner at river mile 35 spoke representing his subdivision. They are 1 mile downmtrears from the Moose River on the Funny River side. He spoke about his concerns about the unpredictability for landowners of the permitting system. He said for example that their subdivision has a boat ramp and they would like to know what they will be able to do with it as far as repairs or any other changes they might need to do to it. He said they would like to be able to say to their heirs that if there is a structure that is on the riverbank that has some function for river access (for example), that the structure will remain in perpetuity. He said the permitting system is so unpredictable that it is hard to tell from one year to the next what will be allowed and the attitude of the overseers. If there is an instream structure that produces minimal impact on habitat they would like to be able to know that it can remain in place. He also said that if there is a structure that is creating a habitat concern should the property owner be responsible for correcting it at any expense? He also said the vessel crowding study needs to occur as soon as possible. Dan Foley, from Pacific Star Seafoods also spoke to their opposition of the inclusion of the lower 4 miles into the plan. He noted his concerns include dock repairs, outfalls, fish waste disposal, horsepower limits and anchorages/moorages. He said they have millions of dollars of investments there and is very concerned about what this inclusion could do to them. Warren Hoflich, KR property owner at river mile 32.5, and here representing the Kenai River Property Owner's Association (KEPOA) came to voice concerns about the grandfathering of structures. He said if there are damages to such structures he believes it should be okay to repair it. If however the structure is causing habitat damage the structure should be removed but should be paid for by the state. He also spoke to the vessel crowding study and said it needs to occur as soon as possible. He also said that the final plan should not be put :.nto effect until all agencies, state, federal and local sign off on it. He said that user fees should only be implemented if the money is guaranteed in writing by the legislatures to return to the Kenai River only. Catherine Cassidy representing the Kenai River watershed Forum came to tell the board they are counting on this board to take AN-13-97 FRI 13,5E ALASKA STATE ?ARKS-KENAI FAX NO. 9072623717 KENAI RIPER SPECIAL ADVISORY im 5, MANAGM= ASEA BOARD 1997 KENAI PENINSULA BOROUGH ASSEMBLY CHAMBERS I. CALL TO ORDER A. Roll Call Members present: Jim A. Richardson, Lance Trasky, Chris Degernes, Ben Ellis, Jack LaShot, Peggy Mullen, Jim H. Richardson, Ted Wellman, Mike Conway, Mark Chase for Robin West, Brannon Ames, Jeffroy King, Tom Knock, Duane Harr. Members absent: Robin Nyce, Ken Lancaster. B. Approval of April 17 minutes. The minutes were approved as written. C. Agenda changes and Approval. There were no agenda changes. II. PUBLIC COMM= Mayor John Williams, City of Kenai, came to voice concerns that, the City of Kenai Council has with the inclusion of the lower 4 miles of the Kenai River in the draft management plan. He referred to a letter dated June 4, 1997 written to Chris Degernes. This :Letter will be copied for the board members_ Mayor Williams requested an opportunity for a 30 day review period before the final draft is submitted to DNR Commissioner Shively. Mayor Williams said the City feels it is unfair to produce a final draft and send it directly to the Commissioner without a review from the government agencies involved. He also suggested that those portions of the river that are within city limits should be removed from the KRSMA. He threatened litigation against the State over the addition of the 4 miles below the Warren Ames bridge and stated that, i.L that presents itself they would probably ask for no inclusion of the lower 4 miles but to have the Kenai River raturned to the City of Kenai within its city limits. He cited problems for the City of Kenai with the dip net fishery as he said that limits the ability of the commercial fishermen to conduct business which in turn limits the amount of revenue that the City of Kenai can take from raw fish tax and property taxes which would be effected by this. He said the City of Kenai can take care of the river within its own boundaries and jurisdiction. Tom Wright of UC:IDA (United.Cook Inlet Drift Association) spoke up to inform the board that at their board meeting last week UCIDA unanimously opposed the inclusion of the lower 4 miles of the Ranai River into the plan. He said there is not a habitat concern to include the lower portion of the river into the KRSMA. MAYOR'S REPORT JUNE 1891997 COUNCIL MEETING CHANGES TO THE AGENDA ADD TO: B-2, 6/17/97 letter from Kathy Tomrdle supporting Alfano/Liberty conditional use permit request. REMOVE: Resolution No. 97-44 - Remove for amendment and placement on July 2, 1997 agenda. CONSENT AGENDA MAYOR'S REPORT REQUESTED BY: Tomrdle Administration 1791-1991 CITY OF KENAI 210 Fldalgo, Suite 200 Kenai, -Alaska 99611-7794 Phone 907-293-7535 Fax 907-293-3014 Date & l/# l Number of Pages KENAI CITY COUNCIL MEETING JUNE 18, 1997 INFORMATION ITEMS 1. 6/4/97 Council Meeting "To Do" List. 2. 5/23/97 Kenai Peninsula Central Labor Council letter of invitation to the 9/1/97 Labor Day Picnic. 3. 6/97 Resource Development Council, Inc., Resource Review. 4. 5/28/97 Dept. of Commerce letter regarding economic development matching grant program. 5. 4/17/97 meeting minutes of Kenai River Special Management Area Advisory Board. 6. EDD's Kenai - A Community Profile. 7. 6/97 Greater Soldotna Chamber of Commerce, Your Chamber Today. 8. Draft minutes of 6/4/97 Kenai Peninsula Municipal Coalition meeting. 9. 6/5/97 Kenai River Special Management Area Advisory Board Meeting Minutes. 1791-1991 CITY OF KENAI . W Cgdat o f lVa ' FAX TO FROM�� 5 210 Fidalgo, Suite 200 Kjimi,Alaska 99611-7794 Phone 907-293-7535 Fax 907-283-30 1 4 Date � / 1;_ 5 _/�. 7 Number of Pages 5 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 18, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://vvw.Kenai.net/city B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Clarence Ladd - Main Street and Riverview Drive/Barricades. 2. Steve Liberty and Mary Ann Alfano - Application/ Conditional Use Permit/Coffee House at Lot 39A, 604 Peterson Way - Planning & Zoning Commission Discussion C. PUBLIC HEARINGS 1. Ordinance No. 1746-97 - Increasing Estimated Revenues and Appropriations by $2,328,000 in the Taxiway Extension North Capital Project. a. Action postponed from 6/4/97 meeting - discussion resumes (motion to approve and second remain active). b. Consideration of ordinance. C. Consideration of Substitute Ordinance No. 1746-97. 2. Ordinance No. 1747-97 - Finding That Certain foreclosed City -Owned Lands Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are Not Required for a Public Purpose. 3. Ordinance No. 1750-97 - Increasing Estimated Revenues and Appropriations by $2,750,000 in the Kenai ARFF Capital Project Fund to Finance Phase I of the Project. 4. Resolution No. 97-33 - Supporting the State of Alaska, DOT/PF In Its Effort to Properly Construct Pedestrian and Bike Paths Along State Highways, and Accepting Seasonal Limited Maintenance of the Paths Within the City Limits by the City of Kenai. a. Resolution returned to Administration for rewrite (6/4/97) - discussion resumes (motion to approve and second remain active). b. Consideration of resolution. C. Consideration of Substitute Resolution No. 97-33. 5. Resolution No. 97-37 - Approving the Sale of Lots Six and Seven, Block One, and Lots One and Two, Block Two, Evergreen Subdivision, Kim Addition, to New Castle Builders for $9,500.00 (Cash) for Each Lot. 6. Resolution No. 97-38 - Awarding a Contract for Fuel Service to Kenai Airport Fuel Service, Inc. for $.980/Gal. for Furnishing and Dispensing Unleaded Gasoline At Their Service Station Located at the Corner of Airport Way and Willow Street. 7. Resolution No. 97-39 - Awarding a Secretarial Contract for Recording and Transcribing Minutes of Municipal Commission/Committee Meetings in the Amount of $20.00 Per Hour for the Period July 1, 1997 Through June 30, 1998 to Barbara L. Roper, D/B/A Flying Fingers Secretarial Service. 8. Resolution No. 97-40 - Transferring $5,270 in the Congregate Housing Fund for Building Repair and Maintenance. 9. Resolution No. 97-41 - Authorizing the Partial Reconveyance of the City's Current Lien Position on Tract C, Radar Subdivision, Replat No. 1, Relating to the Kenai Peninsula Borough Economic Development District's Business Innovation Center. 10. Resolution No. 97-42 - Approving a Contract to Cook Inlet Construction, Inc. (CIC, Inc.) For the Project Entitled, 111997 Kenai Municipal Airport Taxiway "C" Extension" for the Total Amount of $1,318,597.50 Which Includes Basic Bids A and B, and Alternatives I Through III. 11. Resolution No. 97-43 - Awarding a Contract for Professional Construction Services to Wince-Corthell- Bryson for the project Entitled, "Taxiway "C" Extension North" for the Total Amount of $195,815.00. 12. Resolution No. 97-44 - Supporting the Alaska Statehood Act and Its 90-10 Provisions Regarding Oil Royalties. Additional information can be found at http://www.Kenai.net/city. The public: is invited to attend and participate. Carol L. Freas City Clerk COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor and Council Fire Department Police Department Senior Center Libraryr Parks & Rec. 10 AGENDA DISTRIBUTION STP Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official_ Streets Dock STP Official Bulletin Board Mail Cen.Labor Fax Assemblymembers Tom Kizzia (Daily News/Homer) KSRM (Attn: Dan Meeks) Kenai Chamber of Commerce EDD Joan McCoy, ARCO Don Hunter, (Daily News/Anchorage) DELIVER Attorney � Clerk City Manager"` - Woodford Springer Finance Kebednill Public Works �' Kim /' Airport Clarion__ Engineer Commissions Airport(MK) Aging(MK) Library(MK) _ Harbor(KW) _ Pks & Rec.(MK) _ P&Z(MK) _ Beautification _ Historic District Board Betty Miller, BP Heidi Chay, KDLL/KBBI (Kenai) KBBI (Homer) Jon Little (Daily News/Soldotna) Bill Iles, HEA KVCC Council Packets to Police Department Dispatch desk. The Clarion picks their packet usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m. Home Page documents (agenda, resolutions and ordinances for public hearing) are faxed to Ed Sipple on Friday afternoon.