HomeMy WebLinkAbout1997-07-02 Council PacketKenai City Council
Meeting Packet
July 2, 1997
A.
B.
C.
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 2, 1997
7:00 P.M.
RENAI CITY COUNCIL CHAMBERS
http://www.Kenai.net/city
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.
SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Rita Smagge/Ronald Petterson - Kenaitze Indian
Tribe/Municipal Park
PUBLIC HEARINGS
1. 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.
2. 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.
a. Consideration of Ordinance No. 1751-97.
b. Consideration of Substitute Ordinance No. 1751-97.
3. 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).
-1-
D.
E.
F.
4. Ordinance No. 1753-97 - Increasing Estimated Revenues
and Appropriations by $2,500 in the General Fund.
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous
Vote)
C. Motion for Adoption
5. Resolution No. 97-44 - Supporting the Alaska Statehood
Act and Its 90-10 Provisions Regarding Oil Royalties.
6. Resolution No. 97-45 - Requesting Safe Communities
Funding From the Department of Community and Regional
Affairs.
7. Resolution No. 97-46 - Approving of a Contract to Blazy
Construction, Inc. for the Project Entitled, "Kenai
Animal Control Shelter - 1997" for the Total Amount of
$598,650.00 Which Includes the Basic Bid and Additive
Alternate No. 1.
8. Resolution No. 97-47 - Awarding a Contract for
Construction Inspection Services to Kluge and
Associates for the Project Entitled, "Kenai Animal
Control Shelter - 1997" for the Total Amount of
$19,220.00.
9. *1997/1998 Liquor License Renewal - WITHDRAWAL OF
PROTEST - Kenai Joe's/Beverage Dispensary.
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
MINUTES
1. *Regular Meeting of June 18, 1997.
-2-
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance no. 1754-97 - Amending Kenai Municipal Code
14.20.160(b)(6)[A] to Specify Allowed Building Coverage
of Lots for Townhouses in All City Zones.
4. Approval - Request for Letter of Support/Health
Communities, Healthy People Grant Application.
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
-3-
MAYOR'S REPORT
JULY 291997
COUNCIL MEETING
CHANGES TO THE AGENDA
CONSENT AGENDA
REMOVE FOR CORRECTION: E-1, June 18, 1997 Council Meeting Minutes
REQUESTED
BY:
Correct 6/18/97 Council Meeting Minutes by adding the following at Page 5, immediately following the
first paragraph (end of discussion on Item C-2):
VOTE:
Bannock: Yes
Bookey: Yes
Measles: Yes
MOTION PASSED.
Smalley: Yes
Swarner: Yes
MAYOR'S REPORT
Williams: No
Moore: Yes
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RECEIVED
JUN 2 � 1997
KENAI CITY CL.ERK,.
Kenaitze ant an r-,r-lb-i-4. R. A
P.O. BOX 988
KENAI, ALASKA 99611
(907) 283-3633
Fax (907) 283-3052
June 23, 1997
City of Kenai
Attention: City Clerk
210 Fidalgo Ave.
Suite 200
Kenai, Alaska 99611
Dear City Council:
The Kenaitze Indian Tribe, IRA Executive Committee/Tribal Council wishes to present its
Resolution No. 97-17, "A Tribal Resolution Opposing Further Development of the
Municipal Park on Forest Drive in Kenai, Alaska" to the Kenai City Council Members at
its regular City Council Meeting on July 2, 1997.
We are writing this Letter of Intent to request that we are placed on the agenda of the July
2, 1997 City Council Meeting, and have enclosed a copy of Resolution No. 97-17 for your
review.
Thank you for your consideration.
Sincerely,
Rita'Smagge
Executive Director
Kenaitze Indian Tribe, IRA
Is
IBA
P.O. BOX 9U KENA14 ALASKA 99611
TEL: (907)283-3633 FAX-- (907)283-3052
RESOLUTION NO.97-17
A TRIBAL RESOLUTION OPPOSING FURTHER DEVELOPMENT OF THE
MUNICIPAL PARK ON FOREST DRIVE IN KENAI, ALASKA
WHEREAS, the Kenaitze Indian Tribe, IRA is a federally recognized Tribe
reorganized in August 1971 pursuant to the Indian Reorganization Act (LR.A.) of
1934 as amended for Alaska in 1936 and is responsible (in accordance with the
preamble to the Tribal Constitution) for the social and economic welfare of its 955
Tribal Members and for the welfare of the total 2,767 Alaska Native residents of
Central and Upper Southern Kenai Peninsula of Southcentral Alaska; and
WHEREAS, the Kenaitze Indian Tribe, IRA has established long range goals which
relate to the collective and individual, social, economic, and governmental concerns
of its people; and
WHEREAS, the Kenaitze Indian Tribe, IRA has lost nearly all of its vital culture
and heritage through commercialism, apathy, and insensitivity; and
WHEREAS, the Kenaitze Indian Tribe, IRA believes that it is of vital importance to
protect and preserve the historical and cultural remains of its ancestors, and has
recognized the importance of preserving and revitalizing the history of the Dena'ina
people who settled in the Cook Inlet Basin in Southcentral Alaska in order to
promote a common bond of association for our Tribal Members; and,
WHEREAS, the Kenaitze Indian Tribe, IRA is very alarmed that the City of Kenai
and the Lions Club have begun construction of a handicapped accessible trail
system and picnic area at the Kenai Municipal Park in Kenai, Alaska where
archeological and cultural remains of our Dena'ina people have been discovered;
and
WHEREAS, the Kenaitze Indian Tribe, IRA is also very alarmed that this
construction project at the Kenai Municipal Park has begun without the
opportunity for the Kenaitze Indian Tribe, IRA to provide public comment; and
NOW 'THEREFORE BE IT RESOLVED BY THE KENAITZE INDIAN TRIBE,
IRA EXECUTIVE CONUMT TEENRIBAL COUNCIL, that the Kenaitze Indian
Tribe, IRA believes that the City of Kenai has a moral and ethical responsibility to
recognize the Kenaitze Indian Tribe, IRA, and requests that the construction and
development at the Kenai Municipal Park cease immediately until a complete
archeological study of the Dena'ina cultural remains discovered at the location can
be done and an amicable agreement reached between the City of Kenai and the
Kenaitze Indian Tribe, IRA.
Page 2 of 2
Resolution No. 97-17
Kenaitze Indian Tribe, IRA
VOTING FOR: 5
VOTING AGAINST: o
ABSTAINING: 2
ABSENT: 1
TIFICATION
RONALD PETTERSON, TRIBAL CHAIRPERSON
KENA;TZE INDIAN TRIBE, IRA
BONNIE JULHi PEN, TRIBAL SECRETARY
KENAITZE INDIAN TRIBE, IRA
June 16, 1997
DATE
Dear Mayor Williams.
I'm a little bit disturbed about what is going in the park on Forest Drive. That park is a
great place to explore. climb trees, and just to enjoy the view of the forest. I heard that there
were going to be trees cut down and a lot of landscaping happening.
The park Kenai has on Forest Drive is a very historical place. There are ancient Deniana
food caches and homes. I like to take my dog on a walk through the forest in the park and look
at the food caches and house pits. I don't want those learning experiences to be taken away from
me. Also my class goes there to learn about the natural plants on the forest floor like
cranberries, ferns and natural herbs and medicines. We like to pick berries there.
Instead of cutting down all the trees and making paths for the handicapped people we
could make little winding paths through the natural forest. We could put up facts about the
Deniana people's culture beside their food caches and homes. We could put up signs that have
information about different kinds of plants and trees. It would be a little bit like the wildlife
refuge trails. If I was a person in a wheelchair I would rather go on a trail where I can learn and
see the natural forest than go on a landscaped path with no trees and lots of planted grass. We
have lots of those kinds of parks in Kenai already. They are also really windy! When it is windy
everywhere else this park is still nice because it has trees!
I hope that you will take my idea into consideration. I wouldn't want a beautiful place
like the park to be destroyed. It's special to us because it is untouched and not destroyed. It has
lots of plants growing and animals and birds there.
Sincerely,
Mary Clara Krusen
age 12 - Kenai Middle School
-I RECEIVED
[JUN ? 0 1997
KENAI CITY CLERK
C�
Suggested by:
City of Kenai
ORDINANCE NO. 1750-97
Administration
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: June 4, 1997
Adopted: June 18, 1997
Effective: June 18, 1997
Approved by Finance:
(5/30/97) kl
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 Proiect 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
Suggested by:
City of Kenai
ORDINANCE NO. 1751-97
SUBSTITUTE
Administration
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $664,350
IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND AND IN THE
ANIMAL SHELTER CAPITAL PROJECT FUND FOR CONSTRUCTION OF THE
ANIMAL CONTROL SHELTER.
WHEREAS, the Animal Control Shelter bids were 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 $664,350
Increase Appropriations:
Airport Land: Transfers Out $664,350
Animal Shelter Capital Project Fund
Increase Estimated Revenues:
Transfers from Airport Land System $664,350
SUBSTITUTE
Ordinance No. 1751-97
Page Two
Increase Appropriations:
Administration $ 1,500
Inspection 19,200
Construction 598,650
Contingency 45.000
$664,350
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2°d
day of July, 1997.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
Approved by Finance:_
(6/11/97) kl
June 18, 1997
July 2, 1997
July 2, 1997
C-�
Suggested by: Planning & Zoning Commission
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
Introduced:
June 18, 1997
Adopted:
July 2, 1997
Effective:
August 2, 1997
May 15, 1997 (sp)
LAND USE TABLE
KEY: P = Principal Permitted Use NOTE: Reference foountes
C = Conditional Use on following pages for
S = Secotnary Use additional restncuons.
N = Noc Permiued
Table I of 3
ZONING DISTRICTS
LAND USES
C
RR
RRI
RS
RS1
RS2
RU
CC
CG
IL
IIIR
TSH
RESIDENTIAL
One Family Dwelling
cis
P
P
P
P
P
P
S
Sr
SZ
S2
P
P
Two/Three Family Dwelling
C1e
P
P
P
P
P
P
S
Sr
C
C
P
P
Four Family Dwelling
cis
P
N
P
N
N
P
S
Sl
C
C
C
P
Five/Six Family Dwelling
Ct"
N
N
P
N
N
P
S
St
C I
C
C
P
Seven or More Family
Dwelling
cis
N
N
C'
N
N
P
S
St
C
C
C
P
Townhouses
cis
C
C
C
C
C
C
C
C
C
C
C
C
Mobile Home
Parks e
N
C
C
C
C
C
C
C
C
C
C
C
N
Planned Unit Residential
Development '
cis
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
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 Oflices
N
C
N
C
N
N
P
P
P
P
P
C
P
Restaurants
N
C
N
C
N
N
C
P
P
P
C
C
C
Retail/ Wholesale Business
N
C
N
C
N
N
C
P
P
P
P
C
C
Theaters/
Commercial Recreation
N
C
N
C
N
N
C
P
P
C
C
P
C
........ 14 - 65 CITY OF KENAI
.....fir...... ..gas
KEY P = Prutcipal Permitted Use
C = Conditional Use
S = Secondary Use
N = Not Pernutted
LAND USE TABLE
Table 2 of 3
NOTE: Reference footnotes
on following pages for
additional restrictions.
ZONING DISTRICTS
C RR RRI RS
RSl
RS2 RU
CC I
CG IL
iH
R
TSH
LAND USES
INDUSTRIAL
C
LL
N
N
C I
P I
P
P
P
C
N
Airports and
Related Uses
P
C
N
N
N
N
C
P
P
P
P
N
N
Automotive Repair/
Tire Recapping/
Rebuilding
N
N
N
N
N
N
N
C9
1p
TC
N
Gas Manufacture/
Storage
N
N
N
N
N
N
C
C
P
P
C
Manufacturing/
Fabricating)
Assembly/Storage
N
C
N
C
N
N
C
C
P9
P
P
C
N
Warehouses
N
C
N
PUBLIC/
INSTITUTIONAL
C
C
C
P
P
P
P
P
C
P
Charitable Institutions
C
C
C
pto
pro
Pro
Pro
pt°
pro
C
C
Pill
P
Churches
C
p10
PIG
C
C
C
C
P
P
P
C
C
C
Clinics
C
C
C
C
C
C
C
P
P
C
C
C
C
Colleges
C
C
C
C
C
C
C
C
C
P
P
C
C
C
C
Elementary Schools
C
C
C
C
C
C
C
C
P
P
P
C
C
C
Governmental Buildings
C
C
C
C
C
C
P
P
C
C
C
C
High Schools
C
C
C
C
C
C
C P
P
P
C
C
C
Hospitals
C
C
C
C
C`Z
P
P
P
C
C
P
Libraries
C
C
C
C
C
C
C
P
P
P
C
C
P
Museums
C
C
C
S
S
S
S
P
P
S
S
P
P
Parks and Recreation
P
S
S
C
C
C
C
C
C
C
C
C
C
Sanitariums
C
C
C
..........
Cf .... C .....
A
P2^es
14-66
CITY OF KENAI
LAND USE TABLE
KEY
P = Principal Permioed Use
C = Conditional Use
S = Secondary Use
N = Not Penruned
Table 3 of 3
NOTE: Reference footnotes
on following pages for
additional restrictions.
ZONING DISTRICTS
LAND USES
C
RR
RRl
RS
RS1
RS2
RU
CC
CG
IL
1H
R
TSH
MISCELLANEOUS
Animal Boarding 13
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
SI
S
C
P
C
C
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
FarmingiGardening/
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 15
(Large: Circuses, Fairs,
etc.)
C
C
C
C
C
C
C
PIS
pis
prs
prs
C
_
Lodges/Fratemal
Organizations
N
C
C
C
C
C
C
I P
P
P
C
C
P
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 ''
C
C
C
C
C
C
C
C
C
C
C
C
C
Private Clubs
N
C
C
C
C
C
C
P
P
C
C
S
C
Radio/TV Transmitters/
Cell Sites
P
P
C
C
C
C
C
P
P
P
P
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 16
C
C
C
C
C
C
C
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
I N
I C
j C
I C
I C
C
C
P
P
P
C
C C
CITY OF KENAI
14
- 67
....
..........r��;...
s
--
(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
of .....'��..... p2ces
(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 uncleaned 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
government lands. (Ord. 1752-97)
14-69 CITY OF KENAI
.5... _.....A
)t .....q - - - - °aces
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 to day of June, 1997.
4AhEST-: Planning Secretary
CHAIRPERSON
KET: P - Principal Pervitted Use uM: Reference footnotes
C - Conditions( Use an following p@M for
3 - seconsim V Use additionst rmtrictions.
Table I of 3
0 D
LAND USES
J
�R
H
RBUDINr
m M
One Family
Dwelling
I
P
p
P
P
P
p
S
S,
S2
P
P
Two Family
Dwelling
I
p
p
P
p
P
P
S
p
p
I
Threefflour Family
Dwelling
I
p
P
P
S
Sr
—
Five/Six Family
Dwelling
C,3
P
P
I
S
S,
Seven or MGM
Family Dwelling
V
C3
P
S
S,
C
Townhouses 4
C
C
C
Mobile Homes
Mobile Home
Parks 6
C
C
Planned Unit
Residential
Development
C
C
C
COMMERCIAL
Automotive Saks
P
P-
P
AlItDIDO&C Service
Stations
P
P
P
Banks
P
p
I
Business/Consumer
Services
P
p
C
Hotels/Motels
P
P
C
Professional Offices
p
p
P
P
P
S
P
Restaurants
Ca
P
p
C
C
RcbdVWbolesale
Business
P
p
P
p
C
C
11belibmw
Commercial
Recreation
P
P
I
I
P
C
j
14-65 CITY OF KENAI
US
aETs P Principal. Permitted Up MODE: Reform= footnote*
C a Camel al. P Use on faltering popes for
edditlorsl restrictions.
S - seaanderY Use
Table 2 of 3
ZONING DISTRICTS�RB
RRl FRS'
Mn'y;r {"' C,.�
R.Sl
4.4
1tS2.I
U}'S
S
l
1
PINUA
L'
pPP
Automotive Repair/
P
P
P
Tire Recapping/
Rebuilding
Gas Manufac Und
Storage
Manufacturing/
P
P
Fabricating/
Assembly/Storage
Warrhouses
P
P
I
1p,
llNia �
I
TIJ aJ.ONAIrCharitable
P
Institutions
Chi
pis
P/o
PIG
pro
C,
P
Clinics
P
P
C
Colleges
C
C
C
C
C
Hement rya Schools
C
C
C
C
C
Governmental
C
C
C
C
Buildings
High Schools
C
C
C
C
C
Hospitals
C
C
C
C
C
libraries
Ctz
P
P
P
Mum =
P
P
P
Parks and
P
S
S
S
S
S
P
P
Recreation
Public Facilities
I
C
C
C
P
C
Sanitariums
C
I C
I C
C
C
14-66 CITY OF KENAI
ICEY: P - Prlicipel Penwitted Use %WE: SeferQce footnotes
C - CoWitimsl Use an following pees for
S ■ Seeendery Use aMtlarsl restrictions_
Table 3 of 3
ZONING DISTRICI"S ; :r: ,,,y,K'+�" .: ", rr
ffIAND
C
RR
RRl
RS
RSl
�tS2
ITCC
C'IL'
IH
R
T
US
;'
a; �
p
S
' IISCEU ANFAUS I
I
�',,x
: w ,'
qq ; V
i ,' ^.
, ti,Y,'
2g
k %
Animal Hoarding 13
C
C
C
Bed & Breakfast&
C
C
C
C
C
Cabin Rentals
C
C
Cemeteries
C
Crematories
C
C
C
C
Day Care Centers 12
C
C
C
C
C
C
C
C
Dormitories/
P
S1
S
C
Boarding Houses
Essential Services
P
P
P
P
P
P
P
P
P
P
P
P
P
Farming/Guticning/
P
P
P
General Agriculture
Greenhouses/Tree
C
C
C
C
C
C
Nurseries 13
Assemblages 1s
C
C
C
C
C
C
(Large: Circuses,
Fairs, etc.)
Lodges/Fraternal
P
P
C
Organizations
Nursing,
C
C
P
P
Convalescent or
Rest Homes
Pariing, Off -Street
P
P
P
P
P
P
P
P
P
I P
P
P
P
Parting, Public
C
C
C
P
C
LAts 12
Private Clubs
P
P
P
S
C
Radio/TV
P
P
P
S
Transmitters
Recreational Vehicle
Parks
C
C
C
C
C
C
C
Social Halls
P
P
C
Subsurface Ext-
C
C
C
C
C
C
C
C
C
C
C
raction of Natural
Resources 16
Surface Extraction
C
C
C
C
C
C
C
C
C
C
C
of Natural
Resources 17
Union Halls
I
i
1
1
P
I P
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 area 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 KENAI
V1
(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.
(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 CITY OF KENAI
Suggested by: Senior Center Director
City of Kenai
ORDINANCE NO. 1753-97
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2500 IN THE
GENERAL FUND.
WHEREAS, the State of Alaska Department of Public Safety has awarded the City a grant for
Bicycle/Pedestrian Safety; and
WHEREAS, the program needs to be started as soon as possible to be most effective; and
WHEREAS, the 25% match will be provided through existing budgets of the Parks &
Recreation Department, the Police Department and the Boys and Girls Club.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
State Grant $2500
Increase Appropriations:
Other - Operating Supplies $ 550
Other - Small Tools $1950
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2"d day of July,
1997.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced: July 2, 1997
Adopted: July 2, 1997
Effective: July 2, 1997
Approved by Finance:
(6/25/97) sj
Suggested by: Councu
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 ANVM, 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 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, without concurrence by the State of Alaska; and,
WHEREAS, any changes to the Alaska Statehood Act should only be made by the people of the
State of Alaska 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 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 second day of July,
1997.
ATTEST:
Carol L. Freas, City Clerk
John J. Williams, Mayor
c-d
Suggested by: Administration
City of Kenai
RESOLUTION NO. 97-45
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
REQUESTING SAFE COMMUNITIES FUNDING FROM THE DEPARTMENT OF
COMMUNITY AND REGIONAL AFFAIRS.
WHEREAS, AS 29.60.350(b) requires the governing body of a
municipality to adopt a resolution requesting safe communities
funding and to submit the resolution to the Department of
Community and Regional Affairs; and,
WHEREAS, the City of Kenai is desirous of receiving safe
communities funding; and,
WHEREAS, AS 29.60.350(c) requires that money received by a
municipality under the saf ommunities program be used only for
the following services in h>following ranking of priority:
1. Police protection and related public safety services;
2. Fire protection and emergency medical services;
3. Water and sewer services not offset by user fees;
4. Solid waste management;
5. Other services determined by the governing body to have
the highest priority.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that it requests, through this resolution, payment
from the safe communities program by the Department of Community
and Regional Affairs and agrees to spend such payment as required
by law.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second
day of July, 1997.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
(6/18/97) clf
...........................................................
ALERT1.11,
� RECEIVED
.U1 1 8 Ig97
KENAi CITY CLERK
THE LEGISLATURE HAS CHANGED
THE MUNICIPAL ASSISTANCE
PROGRAM
PLEASE READ THE ENCLOSED
INFORMATION CONCERNING
YOUR MUNICIPALITY'S
FY 98 PAYMENT
:.........................................................:
OVERVIEW
SAFE COMMUNITIES PROGRAM
(formerly Municipal Assistance)
Governor Knowles recently signed into law Senate Bill 29 which amends the Municipal
Assistance Program in six areas. They are:
1) Changes the name of the Municipal Assistance Program to the Safe Communities Program.
2) Moves the date of payment up from February 1 to July 31 (2/1/98 to 7/31/97).
3) Provides that money received by a municipality under the -Safe Communities Program must
be spent for the following services in the following ranking of priority:
1) police protection and related public safety services;
2) fire protection and emergency medical services;
3) water and sewer services not offset by user fees;
4) solid waste management;
5) other services determined by the governing body to have the highest priority.
However, a municipality is not required to fund all requests it receives for services in a
category with a higher ranking of priority before funding services in a category with a
lower ranking of priority.
4) Provides that if funding reductions to the Safe Communities Program are necessary, the two
accounts which make up the Safe Communities Program (the base amount account and per
capita account) be reduced in equal proportion.
5) Provides for a combined State Revenue Sharing Program and Safe Communities Program
"minimum entitlement" of $40,000. If, however, the total appropriation to the Safe
Communities Program is less than $29,402,300 (the FY 97 funding level), the new law
requires the $40,000 minimum entitlement to be reduced equal to the percent of reduction to
the overall program funding level.
Consequently, because the FY 98 appropriation level is 6% less than the FY 97 level, the
combined "minimum entitlement" is now $37,600.
6) Deletes the requirement of AS 29.60.370(b) that each municipality that levies property taxes
must furnish a notice with each tax statement describing its use of the per capita portion of
the funds. Instead, the entire Safe Communities Program payment is to be listed on the
Notice to Taxpayer under AS 29.45.020.
SAFE COMMUNITIES PROGRAM
SAMPLE RESOLUTION
• The Legislature has changed the Municipal Assistance Program to the
Safe Communities Program
• The date of payment has been changed from February 1, 1998, to
July 31, 1997
• In order to receive your Safe Communities payment on July 31, 1997, the
governing body of the municipality must submit an approved resolution
requesting the funds
• A sample resolution has been attached for your use
• To insure a timely payment, please submit your resolution by
July 18, 1997, to:
Department of Community and Regional Affairs
Municipal and Regional Assistance Division
Safe Communities Program
P.O. Box 112100
Juneau, AK 99811
Should you have any questions, please call Bill Rolfzen, Program
Administrator, at 465-4733.
SAFE COMMUNITIES FUNDING RESOLUTION
(City or Borough)
RESOLUTION NO.
A RESOLUTION REQUESTING SAFE COMMUNITIES FUNDING FROM THE
DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS.
WHEREAS, AS 29.60.350(b) requires the governing body of a municipality to adopt a
resolution requesting safe communities funding and to submit the resolution to the Department of
Community and Regional Affairs; and
WHEREAS, the is desirous of receiving safe communities
funding; and (City or Borough)
WHEREAS, AS 29.60.350(c) requires that money received by a municipality under the safe
communities program be used only for the following services in the following ranking of
priority:
1) police protection and related public safety services;
2) fire protection and emergency medical services;
3) water and sewer services not offset by user fees;
4) solid waste management;
5) other services determined by the governing body to have the highest priority.
NOW THEREFORE BE IT RESOLVED THAT: The
(Governing Body)
by this resolution hereby requests payment from the safe communities program by the
Department of Community and Regional Affairs and agrees to spend such payment as required
by law.
PASSED AND APPROVED by a duly constituted quorum of the
this day of .19
SIGNED:
ATTEST:
(Mayor)
(City Clerk)
(Governing Body)
I -
0-1
Suggested by: Administration
CITY OF KENAI
RESOLUTION NO.97-46
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING
OF CONTRACT TO BLAZY CONSTRUCTION, INC. FOR THE PROJECT ENTITLED
CITY OF KENAI ANIMAL CONTROL SHELTER - 1997; FOR THE TOTAL AMOUNT
OF $598,650.00 WHICH INCLUDES THE BASIC BID AND ADDITIVE ALTERNATE 1.
WHEREAS, the following bids were received on June 26, 1997:
Bidder: Blaze Construction G&S Construction MCN Construction
Basic Bid $581,450.00 $635,800.00 $694,774.00
Alternate 1 $ 17,200.00 $ 13,500.00 $ 17,683.00
Alternate 2 S 6,500.00 (add) $ 14,000.00 (add) $ 8,800.00 (add)
Total Bid $598,650.00
Basic & Alt. 1
Architect's Estimate $590,000.00, and
$649,300.00 $712,457.00
WHEREAS, the Basic Bid and Alternates are described as follows:
1. Basic Bid: Furnish all labor and materials, services and incidentals, and to perform
all work necessary for the substantial completion of the project as specified in strict
accordance with the contract documents.
2. Additive Alternate 1: Provide all materials, labor and equipment required for paving,
as shown in the contract documents.
3. Alternate 2: Amount added or deleted to provide all materials, labor and equipment
required for 3" insulated metal panels per detailing of Alternate No. 2 in the contract
documents, in lieu of corrugated metal siding and associated rigid insulation
installation.
WHEREAS, Blazy Construction, Inc.'s bid is the lowest responsible bid and the Council
of the City of Kenai has determined that award to this bidder would be in the best
interest of the City, and
WHEREAS, the recommendation from the Public Works Director, and the Architect,
Kluge and Associates, is to award the contract to Blazy Construction, Inc. for the total
cost of $598,650.00, which 'Includes the Basic Bid and Additive Alternate 1, 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 project entitled City of Kenai Animal
Control Shelter - 1997 be awarded to Blazy Construction, Inc. for the total amount of
$598,650.00 which includes the Basic Bid and Additive Alternate 1. PASSED BY THE
COUNCIL OF THE CITY OF KENAI, ALASKA, this day of , 1997.
ATTEST:
Carol L. Freas, City Clerk
Written by Public Works
Approved by Finance:
/kw
JOHN J. WILLIAMS
2
CITY OF KENAI
11 Od 0,apiial 0J Mall" it
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
~ TELEPHONE 907-283-7535
FAX 907-283-3014
Valid'
tITI
Memorandum
Date: June 27, 1997
To: Mayor and Council
From: Richard A. Ross, City Manager
RE: Animal Control Shelter
We recommend award of contract to Blazy Construction in the amount of $598,650
for construction of the Animal Control Shelter. Our original targeted goal was to build
the shelter for $500,000. This was impacted when we changed the building site.
We added a cost estimate of $50,000 to the project to accommodate the additional
costs involved. In addition, this award provided for Alternate 1, which is for $17,200
in paving costs. As a result, our projected target cost with Alternate 1 was $567,200.
The difference in the amounts, $598,650 versus $567,200 is not sufficient enough to
justify delaying the project another year and going out for a less costly design.
Attachment
n �)
Suggested by: Admirnsu atlul
CITY OF KENAI
RESOLUTION 97-47
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
A CONTRACT FOR CONSTRUCTION INSPECTION SERVICES TO KLUGE AND
ASSOCIATES FOR THE PROJECT ENTITLED KENAI ANIMAL CONTROL SHELTER
-1997 FOR THE TOTAL AMOUNT OF $19,220.00.
WHEREAS, Kluge and Associate's proposal dated April 29, G997b, was received on
that date; and
WHEREAS, the recommendation of the Public Works Director and the Administration is
to award the contract to Kluge and Associates; and
WHEREAS, sufficient funds have been appropriated to award this project; and
WHEREAS, this contract is to provide construction inspection services; and
WHEREAS, the Council of the City of Kenai has determined that the award to Kluge
and Associates 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 inspection services for the project entitled
"Kenai An* al C trot, Shelter - 1997" be awarded to Kluge and Associates for the total
amount o 1 , 20.Cb.
PASSED BY TH COUNCIL OF THE CITY OF KENAI, ALASKA this 2"d day of July,
1997.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Approved by Finance:
Written by Public Works:
/kw/06/25/97
=—NAI PENINSULA SO;gCUGH
144 N. BINKLEY SOLDOTNA. ALASKA 99669-7599
BUSINESS (907) 262-4441 FAX (907)262-1892
June 18, 1997
Alcoholic Beverage Control Board
Attn: Donna Johnson
550 W. 7th Ave.
Anchorage, AK 99501
RECEIVED
JUN 2 21997
I
I K E N A I CITY C,� ,EF`v
RE: 1997/1998 Liquor License Renewal Withdraw of Protest
Kenai Joes-Beverage Dispensary
Dear Ms. Johnson:
coy
MIKE NAVARRE
MAYOR
Please be advised that on June 18, 1997, the tax delinquencies noted in the Borough's
letter of protest dated April 10, 1997 have all been brought current. At this time, we wish
to withdraw the protest against the renewal of this license for the 1997/98 license year.
Please note that remittance of past due taxes does not remove any other grounds for
protest the Borough might assert in addition to tax delinquency.
Sincerely,
Rhonda K. Krohn
Delinquent Accounts
CC' Carol Freas, City of Kenai Clerk
Applicants
CITY OF KENAI
&I Capikd 4 4&&4.a It
.� 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
an
May 7, 1997
Ms. Donna Johnson
Alcoholic Beverage Control Board
State of Alaska Department of Revenue
550 West Seventh Avenue, Suite 350
Anchorage, AK 99501-6698
Re: 1997198 LIQUOR LICENSE RENEWAL - PROTEST
Kenai Joe's - Beverage Dispensary
At their regular meeting of April 16, 1997, the Kenai City Council directed this office to
protest the renewal of the Kenai Joe's 1997/98 liquor license if amounts owed in regard
to their sales tax obligations to the Kenai Peninsula Borough were not brought current.
The Kenai City Council hereby notifies the Alcoholic Beverage Control Board of its
protest to the 1997/98 liquor license renewal for Kenai Joe's. This protest is for the
reason of the following tax liability and/or other obligations arising wholly out of the
operation of the licensed businesses:
KENAI JOE'S
Sales Tax Account #19031
Balance Due: $2,701.21
This protest is made pursuant to KMC 2.40.010 and 2.40.020 which requires the Kenai
City Council to protest license applications if the applicant is not current in obligations
to the City of Kenai and pursuant to AS 4.11.330(b) and 4.11.480(a), which allow
protests for unpaid taxes and/or obligations arising out of the operation of the licensed
premises.
Ms. Donna Johnson
Alcoholic Beverage Control Board
May 7, 1997
Page 2
The applicant is being advised of this protest by copy of this letter sent certified, return
receipt requested. The City of Kenai will withdraw its protest upon payment of the
above -noted obligations.
Please note that remittance of the above -listed past due taxes and/or obligations do not
remove any other grounds for protest the City might assert in addition to the above -
listed obligations.
CITY OF KENAI
Carol L. Freas
City Clerk
cif
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
KENAI CITY COUNCIL CHAMBERS
June 25, 1997 - 7:00 p.m.
http://www.Kenai.net/city
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: June 11, 1997
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ97-30—Preliminary Plat—Wesbet Subdivision, Replat Lots 10 & 11
6. PUBLIC HEARINGS:
a. PZ97-24—Conditional Use Permit —Coffee House —Lot 39A, Dolchok Subdivision, 604 Peterson Way,
Kenai, Alaska. (Rescheduled from 6/11 /97 meeting.)
b. PZ97-28—Resolution amending KMC 14.20.1609b)(6)[Al to include all zones within the City of Kenai.
C. PZ97-29—Conditional Use Permit —Animal Control Shelter —Lot 2, FBO Subdivision, No. 6, 510 North
Willow, Kenai, Alaska.
7. NEW BUSINESS:
a. PZ97-31 —Landscape Site Plan Review —Michael & Joan Seamen, Seamen Building, 11127 Frontage Road
(Lots 1, 2, 15, 16, Block 2, Kenai Townsite East Addition) Kenai, Alaska.
b. PZ97-32—Landscape Site Plan Review —Restaurants Northwest, Burger King, 10640 Kenai Spur Highway
(Tract 36-2 CIIAP No. 5), Kenai, Alaska.
c. PZ97-33 — Landscape Site Plan Review —City of Kenai, Animal Control Shelter, 510 Willow Street North
(Lot 2, FBO Subdivision No. 6), Kenai, Alaska.
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
1 1. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Historic District Board Minutes of June 16, 1997
b. KPB Administrative Approval Papa Joe's Subdivision
c. "Alaska, Chapter American Planning Association" Newsletter, Spring 1997
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Agenda .Aria 25.doc
CITY OF KENAI
PLANNING AND ZONING COMMISSION
June 25, 1997
***MINUTES***
1. ROLL CALL:
Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke,
Barb Nord, Michael Christian, Karen Mahurin (arrived at 7:10
P.M.)
Members absent: None
Others present: Councilman Hal Smalley, City Engineer Jack La Shot,
Administrative Assistant Kathy Woodford, and Contract
Secretary Barbara Roper
2. APPROVAL OF AGENDA:
GOECKE RECOMMENDED APPROVAL OF AGENDA WITH THE ADDITIONAL
HANDOUTS THAT WERE PROVIDED AND ASKED FOR UNANIMOUS CONSENT.
MOTION SECONDED BY CHRISTIAN. NO OBJECTION TO UNANIMOUS CONSENT.
AGENDA APPROVED.
3. APPROVAL OF MINUTES: June 11, 1997
WERNER-QUADE MOVED TO APPROVE THE MINUTES OF JUNE 11, 1997. MOTION
SECONDED BY CHRISTIAN.
WERNER-QUADE ASKED TO CORRECT PAGE 18, SECOND PARAGRAPH, STATED IT
SAYS, "WERNER-QUADE ASKED IF THEY COULD GO OFF THE RECORD IF THAT
WAS ACCEPTABLE ADDING THAT SHE HAS COMMENTS AND QUESTIONS."
WERNER-QUADE STATED THAT SHE HAD MEANT TO SAY IF THEY COULD RECESS
ADDING SHE HAS DISCUSSED THIS WITH KEBSCHULL WHO ADVISED HER OF THE
CORRECT PROCEDURE FOR CHANGING THIS.
WERNER-QUADE ASKED TO CORRECT PAGE 11, SECOND PARAGRAPH, IN THE
SECOND TO THE LAST LINE, STATED IT SAYS, "WERNER-QUADE NOTED THIS IS
FAR FROM WHAT ACTUALLY IS." ASKED THAT THIS BE CHANGED TO "WHAT
WAS PRESENTED." THE LAST LINE, "COMMENTED IT IS HARD TO COME IN WHEN
YOU COME IN WITH ONE THING ON YOUR MIND AND YOU HAVE TO CHANGE
THAT." WERNER-QUADE ASKED WITH PERMISSION OF THE CHAIR TO ADD FOR
CLARIFICATION, "BECAUSE OF THE WRITTEN STATEMENTS THAT PROPER
PROCEDURE HAD NOT BEEN FOLLOWED." WERNER-QUADE STATED SHE HAD LEFT
THE SENTENCE HANGING ADDING PERHAPS IT HADN'T BEEN CLEAR IN THE
MINUTES.
MimM, Jury 25.doc
Planning & Zoning Commission
Minutes
VOTE:
BRYSON
GOECKE
MAHURIN
GLICK
APPROVED.
YES
YES
ABSENT
YES
Page 2
June 25, 1997
WERNER-QUADS
NORD
CHRISTIAN
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
a. PZ97-30—Preliminary Plat—Wesbet Subdivision, Replat Lots 10 & 11
YES
YES
YES
BRYSON MOVED TO APPROVE RESOLUTION PZ97-30, WESBET SUBDIVISION.
MOTION SECONDED BY GOECKE.
Glick asked for additional staff comments. No additional comments provided.
1I�it4?
WERNER-QUADE YES GOECKE YES
NORD YES MAHURIN ABSENT
CHRISTIAN YES BRYSON YES
GLICK YES
APPROVED.
6. PUBLIC HEARINGS:
a. PZ97-24—Conditional Use Permit —Coffee House —Lot 39A, Dolchok
Subdivision, 604 Peterson Way, Kenai, Alaska. (Rescheduled from 6/1 1 /97
meeting.)
BRYSON MOVED TO BRING PZ97-24 BACK TO THE TABLE. MOTION SECONDED BY
NORD.
Chairman Glick noted that he would like to make a comment before opening the public
hearing. Glick noted there was a public hearing at the last meeting. After the public
hearing was closed, the item was discussed by the Commission and then postponed.
Glick advised that under Robert's Rules they were not required to have a second public
hearing but it was advertised and it will be opened to the public at this time. Glick
stated he would limit public comment to three minutes. Glick asked individuals to
come to the microphone and sign their name and address.
Planning & Zoning Commission
Minutes
PUBLIC HEARING OPENED:
Page 3
June 25, 1997
BLAINE GILMAN, ATTORNEY, 1007 INLET WOODS, KENAI, ALASKA—Gilman stated
he was representing the Holy Assumption of the Virgin Mary, the Russian Orthodox
Church, the local parish. Gilman stated there were guests in the audience from the
Archdiocese. Gilman stated they included Bishop Innocent, Father Nicholas, and the
council for the Archdiocese, Mr. Zorea. Gilman noted they may want to make
comments.
Gilman stated that the Holy Assumption of the Virgin Mary was founded in 1846. The
present church was constructed in 1894. Gilman stated that next to the church is the
sacred burial site of the first priest, Father Nikolai. Gilman stated that Father Nikolai
was responsible for vaccinating the survivors of smallpox on the Kenai Peninsula. In
1906, Saint Nikolai Memorial Chapel was built and consecrated over Father Nikolai's
grave. The church and the chapel have been designated as National Historical
Landmarks. Gilman stated that the church council for the Holy Assumption of the
Virgin Mary has voted to object to this proposal for the conditional use. Gilman added
that the Archdiocese also objects to the conditional use permit. Gilman stated that
there are basically two primary grounds. The first, if you notice on staff
recommendation, they recommend the conditional use permit conditional upon approval
with proper off street parking. Gilman stated it is the church's position that there is
not appropriate parking and that would be in violation of KMC 14.20.250. Gilman
stated it is hard to tell with the map that was presented in the application adding he
has a plat of the property showing the designated property lines.
Gilman asked Chairman Glick if he could have the Commission's permission to extend
over the time limit adding that he would be short. Glick gave permission.
Gilman (pointing to plat) stated is where the chapel is located. The church is located
on this lot. The proposed coffee house is located here. Gilman stated the property line
of the house is abutting on the property line. (Discussion that individuals in the
audience could not see the map.) The property right here, here is the parking lot, as
the Planning Commission may know, the city is planning on paving the street in front of
the church and down the road. Gilman noted there is an attorney's office here and an
accounting office here. Gilman stated this proposed parking lot for the site, is on the
church's property. Gilman stated the church is planning on, because of the pavement
and people questioning the church's property rights, they plan on building a fence
around this area and leaving an access to this property. Gilman stated it will go around
to this extent and it will take away this parking site. Gilman stated this is on church's
property. Gilman stated the church plans on building a new parking lot for it's chapel.
Gilman stated the church's position is that there will be no parking for this coffee
house. Gilman stated that one of the requirements is that there be off street parking
and obviously that was a concern of the staff because they put it conditional with
proper off street parking. Gilman stated when you turn to the code section what you
find for a restaurant or a business of this nature is that for every five customers, or five
Planning & Zoning Commission Page 4
Minutes June 25, 1997
seats, requires one parking space. Gilman stated if this would hold 15 people, it would
require at least three parking spaces in addition for employees as well. Gilman noted
the church intends to build the fence around it's chapel and will probably start
construction immediately.
Gilman stated the second ground, adding he thinks is more important ground, of why
the Commission should not approve the conditional use permit is that it basically
commercializes the historic zone. Gilman stated that 14.20.105 establishes a
Townsite Historic Zoning District and when you look at that section the intent is to
protect and enhance the historical character of the zone. Gilman stated that what the
applicant is doing is requesting a conditional use and basically there has to be two
findings from this commission for a conditional use to be granted. One, the uses must
be similar to the principle uses permitted in the zone. Gilman stated if you review the
Land Use Table the permitted uses are one and two family dwellings, professional
offices, charitable institutions, churches, libraries, museums, parks and recreation.
Gilman stated they would submit that the commercial use of a coffee house is not
similar to the principle uses laid out in the Land Use Table. Gilman stated the second
finding the commission must find to approve the permit is that the uses are in harmony
with the intent of the zone. Gilman stated, the intent, as he had said before, is to
protect and enhance the historical character of the zone. Gilman stated this is really
the heart of this case. Gilman asked how a coffee house in this particular location
protecting and enhancing the historical character and value of this zone. Gilman stated
the reason the church objects is the chapel is considered sacred ground to the church.
Gilman stated the church is very concerned with anything commercializing that chapel
or the church itself. Gilman asked the commission to ask themselves if these people
would be applying for a permit to open a coffee house if it wasn't for the church
situated right there and the chapel right there. Gilman stated the reason that it makes
economic sense for the coffee house is the tourists who are here to see the National
Historic site, who are to see the church and the chapel. Gilman stated that the church,
quite frankly, is very concerned with a domino effect here. If you let in the coffee
house here, maybe next time its okay to let in a gift shop, maybe next time its okay to
let in a painting gallery selling tee shirts. Gilman stated the reason why these
businesses want to be located in this area is because of the church in the historical
zone. However, these businesses deteriorate the integrity of the historical zone in
addition to the church and the sanctity of a sacred burial place. Gilman stated the
church does intend to build that fence around the chapel. Gilman noted it has the right
to do so, it owns the property. Gilman stated there is no parking for the site. Gilman
noted that if you were in a commercial area and a new business came in they would
have to show parking. Gilman stated again the applicants do not own the parking lot.
The intent of Townsite Historic is being violated and it will deteriorate with a business
of this sort.
NOTE: TAPE DIFFICULTIES. NEXT SECTION FROM NOTES.
Planning & Zoning Commission Page 5
Minutes June 25, 1997
MICHAEL CARPENTER —Carpenter stated he is the owner of the property. This fine
lady, pointing at Mary Alfano, is reopening a coffee house. Carpenter stated the
church had no problem with the last coffee house. The only problem was with the city
water. Carpenter stated his cousin was the landscape artist and designed four parking
spaces in case parking became a problem. Carpenter stated that if need be there is a
tree that can be moved adding they would prefer not to. Carpenter stated the Russian
Church has a gift shop inside the church adding he has seen Father Targonsky soliciting
pictures for $5 each. Carpenter asked how historical is their fence going to be?
Carpenter stated he doesn't understand adding he has a designer fence for barrier and
nothing more. Carpenter asked to reserve the right to speak again.
BOBBIE OSKOLKOFF, BOX 266, KENAI—Oskolkoff stated she is the treasurer for the
Holy Assumption Church and she has been working on historical documents and is very
familiar with historical aspects. Oskolkoff stated they church does have a gift shop
inside although they do not advertise. She stated this is a holy burial ground and
doesn't want to see it commercialized. Oskolkoff stated that tourists already don't
have parking and extra parking would create more problem. She added that the church
has nothing to do with Father Targonsky and his pictures.
ARCHBISHOP NICHOLAS MOLODYKO-HARRIS, 6724 EAST FOURTH AVENUE,
ANCHORAGE —Nicholas stated he is the chancellor of the diocese of the Russian
Orthodox Church of Alaska. Nicholas stated that in 1991 the church opposed the
coffee house and it operated under protest. First, there is no parking and those who
frequent a coffee house should know that they will be trespassing. Nicholas stated
that if the coffee house is opened, they will be depriving tourists and worshippers of
parking and this is a grave site of three ecumen, Nikolai the priest, the reader Ivanoff,
and the third was an unknown monk. Nicholas stated the three high ranking priests are
buried under the chapel adding the chapel was built as a memorial. Nicholas stated this
site is also where the first church of Kenai was adding the church feels there is a need
to keep the site sacred and holy. Not only locals or faithfuls come but many tourists
come to visit our parish. Nicholas stated the Archbishop of Anchorage and legal
counsel thought that this issue had been finalized in 1991. This new coffee house
application seems to be a similar venture.
BISHOP INNOCENT —Innocent asked the commission to please consider not
compromising this holy cemetery and it's historical past. Innocent stated that many
come to view this for it's past historical value. The church wants to see the integrity
of the area kept pure. Innocent stated this is not a place of many activities but a place
for history. The church wishes to keep this as pure as possible.
STEVE R. LIBERTY, 1307 KIANA LANE, KENAI—Liberty stated that concerning the
parking issue (points to map), we have enough parking spaces for four vehicles and a
handicap access. Liberty stated this is private property. Liberty stated he does
understand the church's believes but again this is private property adding he believed
they should be able to do as they please with their own property. He stated the place
Planning & Zoning Commission
Minutes
Page 6
June 25, 1997
looks great right now and stated they are not capitalizing on tourism as they will be
open year round.
MICHAEL CARPENTER —Carpenter stated this building has been there since 1917
adding there has been parking there since cars were invented. Carpenter stated this
has been a home in native hands until e i u dewife
stand the died ng church`s beliefs adding I that now it is in te that the
man's hands. Carpenter stated he do
chapel will not be used as a coffee house adding they are just neighbors.
Werner-Quade asked Carpenter is 604 Peterson is on a burial site. Carpenter answered
no, this was a city dump adding that Swede Foss still uses it for a dump. Carpenter
added that to set the record straight that the cof
housee Peloza things Ca9penterVadded
as in
1993 or 94. Carpenter noted that 1991 was the Ste
that Peloza did do some good by hauling out garbage and junk. Peloza may have been
a nasty person adding he was even embarrassed by him but he did help clean up the
area. Werner-Quade asked where the burial site is in relation to 604 Peterson?
Carpenter, with a waving motion, stated it is quite a distance away.
MARY ANN ALFANO—Alfano addressed the church officers and stated her intent was
to open a dialog with the church, to work with your hours, and even put up a donation
box for ground keeping. Alfano stated she is sensitive to the church's beliefs and the
historical value of the area. Alfano stated she is always open for discussion adding she
hopes to have a working relationship with you (church).
hat when
MOSHA ZOREA, ATTORNEY FOR CHURhe housORAE—He stated Gfor a ten footteasement,the
fence is built there will be no access to t e exep
There will be no way to enter without trespassing. The church will contest any
desecration of the area.
STEVE LIBERTY —liberty stated they can
still
thanwilling
make
parking
available
Again,
stated they have no bad intent and are more
PUBLIC HEARING CLOSED.
Glick asked La Shot for additional staff comments. La Shot stated that when the public
parking lot of the Mission Street project is fin'shed that lot could be used to satisfy part
could be met with the newly constructed
of the code. La Shot reiterated that the code
parking lot.
Christian asked if the parking spaces on the east side are public or church property. La
Shot replied that after the improvement project, it will all be newly dedicated public
right of way.
Mahurin, addressing the church official, stated she appreciates and honor the guests
and thanked them for taking the time to share their feelings. Mahurin stated that
Planning & Zoning Commission Page 7
Minutes June 25, 1997
although she doesn't belong to the church, stated she does value the townsite historic
district. Mahurin stated it is a very special place to her. Mahurin stated she has been
wrestling with this issue for weeks now. Mahurin stated she was on the TSH Board
and has given lots of time to the Planning and Zoning Commission concerning townsite
historic. Mahurin stated she will support the coffee house adding she believes this is
private property, it does meet the code, and the Land Use Table. Mahurin stated she
believes Ms. Alfano's idea is a good one and will fit right into that part of town.
Mahurin stated that when there was a coffee house there before that she and her
children spent time there and found it a positive place to be. Mahurin stated she will be
voting for the coffee house.
Glick referenced the two letters that were passed out as handouts.
Werner-Quade commented that Ms. Lyras' letter was written very eloquently.
Christian stated the reason he would be voting yes is that he has been here for 27
years and seen the area greatly approved. Christian stated it was ugly but the owner
has improved and enhanced the chapel. Christian stated that with the increased
tourism, it will help the church adding he doesn't see a negative, only positive.
Christian stated he would be voting in favor.
Nord stated she would be supporting the coffee house for much the same reasons as
have been stated. Nord stated it will be nice to tour Old Town and be able to sit and
have coffee. Nord stated she believes in what the code says adding she had no reason
not to vote for the coffee house.
VOTE:
GOECKE YES NORD YES
MAHURIN YES CHRISTIAN YES
BRYSON YES WERNER-QUADS YES
GLICK YES
APPROVED —UNANIMOUS.
Mahurin asked that the minutes reflect that she arrived late and apologized for being
tardy. Mahurin explained that she had just returned from Anchorage.
NOTE: RETURN TO TAPED MINUTES
b. PZ97-28—Resolution amending KMC 14.20.160 9(b)(6)[A) to include all zones
within the City of Kenai.
CHRISTIAN RECOMMENDED APPROVAL OF RESOLUTION PZ97-28. MOTION
SECONDED BY MAHURIN.
Planning & Zoning Commission Page 8
Minutes June 25, 1997
PUBLIC HEARING OPENED.
PUBLIC HEARING CLOSED.
Glick asked for additional staff comments. No additional staff comments.
VOTE:
NORD YES MAHURIN YES
CHRISTIAN YES BRYSON YES
WERNER-QUADE YES GOECKE YES
GLICK YES
APPROVED —UNANIMOUS.
c. PZ97-29—Conditional Use Permit —Animal Control Shelter —Lot 2, FBO
Subdivision, No. 6, 510 North Willow, Kenai, Alaska.
MAHURIN MOVED TO APPROVE PZ97-29. MOTION SECONDED BY WERNER-
QUADE.
Glick asked for additional staff comments. La Shot stated that if the revised Land Use
Table were in effect at this time, this Conditional Use Permit would not be necessary.
PUBLIC HEARING OPENED:
PUBLIC HEARING CLOSED:
Mahurin stated she had a very difficult time trying to figure out the landscaping portion
of this and asked if someone could explain it to her. Goecke stated he felt that Ms.
Mahurin was jumping ahead noting this was for a Conditional Use Permit. Goecke
stated that the landscaping would be discussed under 97-33. Glick noted it is a
separate issue but the same building and same lot. Mahurin noted she had read her
packet but didn't have it with her and thanked Mr. Goecke for drawing this to her
attention.
VOTE:
MAHURIN YES CHRISTIAN YES
BRYSON YES WERNER-QUADE YES
GOECKE YES NORD YES
GLICK YES
APPROVED —UNANIMOUS.
7. NEW BUSINESS:
Planning & Zoning Commission
Minutes
Page 9
June 25, 1997
a. PZ97-31 —Landscape Site Plan Review —Michael & Joan Seamen, Seamen
Building, 11127 Frontage Road (Lots 1, 2, 15, 16, Block 2, Kenai Townsite East
Addition) Kenai, Alaska.
GOECKE RECOMMENDED APPROVAL OF PZ97-31. MOTION SECONDED BY
CHRISTIAN.
Glick asked for additional staff comments. La Shot noted no additional comments and
asked if there was a representative in attendance. Joan Seamen responded from the
audience.
Christian asked about the snow storage shown on the plan where the trees are located.
Christian asked if they were going to push the snow against the trees. Seamen stated
it would go into that area. Seamen stated that none of this changes with the addition
of the elevator. Christian asked if they were doing this now and if there were any
problems. Bryson commented that their snow plower does good work.
Glick questioned if the only changes to the landscaping would be around the addition
and would be the concrete planter and shrubs. Seamen advised that was correct.
VOTE:
CHRISTIAN YES BRYSON YES
WERNER-QUADE YES GOECKE YES
NORD YES MAHURIN YES
GLICK YES
APPROVED —UNANIMOUS.
b. PZ97-32—Landscape Site Plan Review —Restaurants Northwest, Burger King,
10640 Kenai Spur Highway (Tract 36-2 CIIAP No. 5), Kenai, Alaska.
CHRISTIAN MOVED TO APPROVE PZ97-32. MOTION SECONDED BY GOECKE.
Glick asked for additional staff comments. La Shot noted nothing additional.
Glick asked if there was a representative present from Burger King. Representative in
the audience.
Eric Munser, Director of Planning & Development for Restaurants Northwest, Burger
King. Munser stated he believed the Commission had all the information and would be
available to answer any questions they may have.
Mahurin stated she found the information very clear adding that she could understand
it.
Planning & Zoning Commission Page 10
Minutes June 25, 1997
Christian commented that he appreciated the amount of work that would be going into
this project and the amount and height of the trees instead of the small bushy trees
that generally don't survive. Christian stated he felt this would be a very attractive
addition to that area.
Mahurin stated that landscaping has been a major topic for the Commission adding that
this looks like a very nice plan adding she was pleased to see it. Mahurin thanked them
for the effort.
Werner-Quade stated she would like to add that this plan is the exception adding it is
easy to read and well done. Werner-Quade thanked them for the plan.
VOTE:
OTT: YES WERNER-QUADE YES
BRYSON
GOECKE YES NORD YES
MAHURIN YES CHRISTIAN YES
GLICK YES
APPROVED —UNANIMOUS.
c. PZ97-33—Landscape Site Plan Review —City of Kenai, Animal Control Shelter,
510 Willow Street North (Lot 2, FBO Subdivision No. 6), Kenai, Alaska.
Glick asked for additional staff comments. La Shot stated if the Commission had any
questions that Keith Kornelis was in attendance representing the city.
MAHURIN MOVED TO APPROVE PZ97-33. MOTION SECONDED BY GOECKE.
Keith Kornelis, Public Works Director, City of Kenai, introduced himself to the
Commission. Kornelis apologized for putting so many of the technical portions of the
landscaping into the packet. Kornelis explained the information came from the bid
documents. Kornelis stated the first page is the site plan. Komelis drew attention to
the area at the top and noted that is existing vegetation that will remain in the area.
Kornelis stated they will be clearing out some of the brush and landscape it similar to
the senior center. Kornelis advised the other areas that will be landscaped will basically
be mostly grass. Kornelis drew attention to Addendum No. 1, Item 10, states that all
disturbed areas on the site will be graded, receive four inches of top soil and seed as
specified in the project manual. Kornelis stated he placed in the packet the specifics
for the grass seed and top soil in case the Commission is interested in what grass,
fertilizer will be used. Kornelis explained that a lot of the area will be undisturbed.
Kornelis stated that the front page shows where the snow will be pushed in areas
adjacent to the parking lot. Kornelis stated there will be a fence in the back part noting
that the area inside the fence will be all grass. Kornelis stated that this portion,
Planning & Zoning Commission Page 11
Minutes June 25, 1997
apologizing for being so technical, shows the building, where the top soil will go and is
a cross section of the first section. Kornelis stated the rest of the handout is
specifications for the seeding.
Mahurin asked if they were talking about only having grass and natural vegetation and
not any sort of landscape plan per say? Kornelis stated that at this time they are not
talking about bringing in any trees, just the trees that are there. Mahurin asked about
planters, shrubbery, or anything like that? Kornelis stated that cost is one of the things
and the other thing is that should they be desired later the Parks and Rec Department
would be doing that instead of a contractor. Kornelis noted that there is a possibility
that the grass may not get planted this year. Kornelis stated the building will be built
this fall and it will be too late to put the grass in.
Goecke stated he knew where Commissioner Mahurin was headed adding that he felt
she stopped a little short. Goecke stated they are requiring anyone building in this
town to come in with some decent landscaping adding that grass and existing trees
aren't necessarily what they have required in the past. Goecke asked why they should
as taxpayers as well as sitting on this commission not require our own city government
with one of their buildings, if nothing else, to set an example that this is what we want
in this town. Goecke asked if it is because it is sitting on the end of Willow Street that
we are going to bypass this, or because we can't afford it, or is it because we just
don't want to do it. Goecke stated that is the question. Kornelis advised he couldn't
answer the question. Kornelis stated as far as the cost goes, they don't know yet
adding they are very tight on the budget. Kornelis stated if it is a requirement that they
would do it. Goecke stated it is not really a requirement as such but added they have
required everybody that is wanting to build in the city to have this type of stuff.
Goecke noted that everything goes better if that is in place. Goecke stated that
Kornelis and whomever else upstairs is basically saying we don't want to do this.
Goecke stated he personally has a problem with this and that the city should have to
do it.
Nord stated her question is if the city has talked to Parks and Rec about going ahead
and doing something. Nord commented that most of the city buildings have basically
beautiful landscape. Nord noted that Parks and Rec is about to make sure that they are
well kept. Nord stated that being on the Beautification Committee that she volunteers
a lot of hours weeding and trying to keep the city property looking good. Nord stated
she is uncomfortable with a little grass and existing trees. Nord stated her question
was if the city has talked to Parks and Rec and noted she was surprised that no money
was budgeted for landscaping other than grass seed. Nord stated the list showing
topsoil and type of blue grass and red grass was very impressive but noted that
doesn't mean anything to her. Nord noted that doesn't mean anything to her adding
there will just be an awful lot of grass. Nord stated she wasn't even sure where the
grass would be noting that Kornelis had stated inside the fence but that it looks like a
driveway. Nord asked if the shaded area is a driveway and the rest of it will be grass.
Kornelis stated that was correct. Nord stated it is at the back of the building and no
Planning & Zoning Commission Page 12
Minutes June 25, 1997
one will even see it adding she is not sure what difference it will be to have the grass
there. Kornelis showed where they would be bringing the animals in back. Nord
questioned if the employees would be the only ones seeing it and the general public
would see nothing but concrete. Kornelis explained that the general public will be in
front of the building in the parking lot on Willow Street. Kornelis stated this gate, as
shown on the drawing, is for employees to use. Nord asked if that is the only place the
grass will be. Kornelis stated that no explaining that anywhere that the ground is
disturbed will be planted as well as alongside the parking in front. Kornelis stated that
as far as Parks and Rec that we do this with all of our buildings and after this building
(city hall) was built, Parks and Rec planted all the trees and shrubs. Nord stated she
understands the need to plant certain things at certain times but just grass leaves her
cold. Kornelis stated he thought the window for planting was May 15 to September
1 ". Kornelis noted there is not much of a chance they will meet that date but it will
depend on the contractor. Kornelis added that the Mission Street project may not get
the sidewalks and pavement won't be in until after that deadline so they will be
planting next year.
Werner-Quade commented that she felt that the grass and existing vegetation was fine
and that this was an accurate portrayal of what was going to happen as opposed to
some type of a falsified document which they have seen before with all kinds of trees
and planters. Then, when the building goes in, there is no landscaping. Werner-Quade
stated she felt that grass that they could mow with a rider lawnmower would be fine.
Werner-Quade stated, that as Mr. Kornelis mentioned, that Parks and Rec can come in
and put in plants and shrubs later. Werner-Quade stated she could not think of one
building in the city of Kenai that doesn't have at least one little box of flowers in front.
Glick asked Kornelis if the plan was such because they didn't want to include it in the
bid. Kornelis stated that is correct. Glick commented that afterwards the city could
come back and do some other things. Kornelis stated that once the building is done
and it is top soiled and seeded it is turned over to Parks and Rec who mow it and plant
whatever they feel proper. Kornelis stated they already have a lot of the plants that are
portable in boxes that they take to buildings such as are placed at city hall.
Mahurin stated she understood this and appreciates it and noted that she didn't feel the
Commission had any choice but to approve the plan as it meets the five percent
requirement. Mahurin stated if Kornelis was John Q. Public coming in and asking them
to go on faith that next year there was going to be planters and flowers, etc., they
wouldn't believe him. Mahurin stated they are going on faith that the city will do that.
Mahurin stated she would like the minutes to reflect the dialog and the understanding
that the Commission has that this is going to meet the minimum requirements of a
landscape plan to get it going and the intent is for Parks and Rec to come in next
summer and beautify the building in accordance with the rest of the city buildings.
Mahurin stated she would feel more comfortable having a clear understanding between
the rest of the Commission and the city that this is what will happen come next spring.
Kornelis stated he didn't have a problem with that and that in comparison with John Q.
Planning & Zoning Commission Page 13
Minutes June 25, 1997
Public that the other city buildings are an example of what the Parks and Rec
Department does. Mahurin noted they are gorgeous. Kornelis noted that grounds will
be turned over to Parks and Rec.
Bryson stated there are several areas along the sides of the property that are indicated
as drain swales and asked if they would be revegetated. Kornelis stated that anything
that is touched will be revegetated. Kornelis noted they will be very shallow. Bryson
stated the proposed area in front is shown as grass adding the plan shows an area in
the back as grass noting he didn't know if it was behind the fence. Bryson stated he
felt that in all likelihood it will be like all city buildings, very attractive, if with nothing
else but the grass landscaping as proposed.
Nord stated she would be voting in favor because the plan meets the five percent rule
but it will be her recommendation at the next Beautification Committee meeting that
they talk to Parks and Rec about considering doing something special.
Kornelis commented that he thought is was more economical for Parks and Rec to take
care of it than to bid it and they would probably use plants that they are used to taking
care of. Kornelis stated a contractor would have a subcontractor bid it and add their
percentage. Kornelis stated that that was one of the other reasons they didn't include
landscaping.
Goecke asked if it would be better to amend the motion to require Parks and Rec to
place shrubbery. Goecke stated that administration would have a better feel for this
than the Commission and asked if they felt this would be a smart move or take them
on good faith. Kornelis stated he would take it on good faith adding he feels they do a
good job. Kornelis noted that the contractor will place good topsoil and seed and the
trees and brush and things would be taken care of by the Parks and Rec. Kornelis
stated that regarding Mr. Bryson's comments that he was under the impression after
speaking with Kebschull that this group liked to see existing vegetation left and that
was one of the reasons we had an addendum stating existing vegetation to remain in
the front. Kornelis noted that is where the public will have the first view. Kornelis
noted there is some water and sewer that will go through but they are trying to
minimize the impact. Kornelis stated he would feel comfortable leaving it to Parks and
Rec.
La Shot stated that he felt the plan meets the code requirements but it might be
appropriate if the Commission were to suggest or recommend to council that further
work be done in the spirit of helping the cooperation of other commercial development
in the city.
GOECKE STATED HE WOULD LIKE TO MAKE LA SHOT'S SUGGESTION AN
AMENDMENT. MAHURIN SECONDED.
VOTE ON AMENDMENT:
Planning & Zoning Commission
Minutes
Page 14
June 25, 1997
GOECKE YES NORD YES
MAHURIN YES CHRISTIAN YES
BRYSON YES WERNER-QUADS YES
GLICK YES
APPROVED —UNANIMOUS.
VOTE ON MAIN MOTION AS AMENDED:
NORD YES MAHURIN YES
CHRISTIAN YES BRYSON YES
WERNER-QUADE YES GOECKE YES
GLICK YES
APPROVED —UNANIMOUS.
RECESS FROM 8:20 TO 8:30 P.M.
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
Smalley stated there is a copy of the agenda in the packet as well as an excerpt from
the meeting minutes. Smalley reported that Clarence Ladd spoke to the council about
parking in the Main Street area and the barricade on Riverview Drive and eventually
moving it further down the road because it cramps the style of people going in there.
Smalley stated that city administration and fire and police will take a look at the safety
aspect of it. Smalley stated that Item B2 people did not report. Ms. Tomrdle wrote a
letter and it was in the packet. Under Item C 1, the ordinance dealt with the extension
of the capital project on the taxiway and it was amended to a substitute ordinance to
the difference between the two. Smalley stated the main ordinance was a $2 plus
million dollar price tag and the substitute motion was a $1.5 million dollars which was
the actual bid. Smalley explained that Item 4 passed noting it was amended. This
dealt with taking care of the bike paths on the new paved sections. The city wanted to
make it clear that it didn't mean taking care of the bike paths all over the city, i.e.
Forest Drive. Smalley stated this basically deals with seasonal sweeping.
Smalley stated that under the Commission reports regarding Planning and Zoning there
was considerable discussion. Smalley noted that those minutes were provided to the
Commission. Smalley stated this concerned Item 6a from tonight's agenda. Smalley
stated he presented what had taken place at the P&Z meeting. Smalley stated he
explained to the council his question which he had asked. Smalley stated council had a
Planning & Zoning Commission Page 15
Minutes June 25, 1997
discussion as to the original intent of the Townsite Historic District ordinance which
was not to create another layer of bureaucracy for individuals to go through. Smalley
stated there was confusion as to people's interpretation noting the letter that was
received from Ms. Gray which is in the packet. Smalley stated there were copies of a
memo from Kebschull interpreting Mr. Graves' interpretation. Smalley stated he felt the
packet tonight, if you read Mr. Graves' letter responding to Gray's concerns, clears up
some of the confusion. Smalley stated that council realizes that this is a volunteer
group and they appreciate the work. Smalley stated the concern was that it was felt
that this should not have been sent to Townsite Historic District Board and in fact it
created that extra layer of bureaucracy that postponed potential development that we
should be encouraging. Smalley advised that Mr. Bannock would be attending the P&Z
meetings in July and could be addressed on his concerns at that time.
Mahurin asked to reserve comments until Commission Comments adding that she has
several she would like to make. Mahurin added that whether Mr. Bannock is at the
meetings in July or not that she will be in contact with him. Mahurin stated she felt
personally as if her integrity had been attacked.
Smalley reported that under New Business Item 6 was the memorandum on the
Mission Street improvements with the Department of Transportation. Smalley advised
the special use permit for Snug Harbor Seafoods was a change in the rates. Smalley
stated there was question about a bed and breakfast sign on the Kalifonsky Beach area.
Smalley stated he thought this was just outside of the city limits.
Christian stated that regarding signs, the new motel near Thompson Park has a portable
sign advertising low rates adding that he felt that was not an appropriate sign. La Shot
stated he would have the Building Official check on it. Christian asked regarding the
lots in Inlet Woods what the procedure would be for making them available and if they
were available now. Smalley stated there will be a sealed bid and there will be a
specific due date. Smalley stated that he did express the concern that when more land
becomes available that there was a concern by P&Z that land be set aside for a park.
b. Borough Planning
Bryson stated the agenda was in the packet. Bryson noted it was a very long meeting
beginning with the plat committee at 5:30 and ending at 1 1:30 p.m. Bryson stated
there was one item specific to the city, Item F3, is a petition to vacate a public access
and utility easement near Swires, the Buffalo Run Subdivision. Bryson stated there
were a number of persons testifying. Information was submitted by the applicants that
reflected their contention that the final waterline easement had been agreed upon and it
eliminated the other easements that had several weeks before been created. Bryson
stated the item was postponed due to a request for additional information, specifically,
whether the parcel to the north is land locked or if they have an easement to the Spur
Highway. Bryson noted the owner of the property has stated they have such a
document in their deed.
Planning & Zoning Commission Page 16
Minutes June 25, 1997
Bryson advised there were approximately 60 street names addressed. Bryson stated
that there were only 12 without comments so all the others had to be specifically
addressed. Bryson stated there were persons there to testify on about half of them.
Bryson advised they are through the bulk of the street renaming. Bryson advised they
will all come back in one large package for final ratification.
Glick asked what was done with Item F7? Bryson advised that item was postponed
due to a staff request.
c. Administration
La Shot advised that due to the July 4' holiday, the next packet deadline will be
Tuesday, July 2'. La Shot asked the Commissioners to provide anything for the
packet by that date or before. La Shot noted they had been introduced to Ms. Roper
who will be doing meeting minutes in the future. La Shot stated there will be a
transition period where he will be attending the meetings; however, Ms. Kebschull will
be taking over as the administrative representative for the Commission. La Shot stated
that anyone who may be needed from administration will be present at meetings
dependent upon the issues before the Commission including himself and the Building
Official. La Shot stated they will continue to provide input on issues.
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Historic District Board Minutes of June 16, 1997
b. KPB Administrative Approval Papa Joe's Subdivision
c. "Alaska, Chapter American Planning Association" Newsletter, Spring 1997
13. COMMISSION COMMENTS & QUESTIONS:
Nord advised she had not had a chance to read the council minutes so noted she would
reserve her comments for the next meeting.
Bryson advised he has some specific concerns about what was discussed at the council
meeting adding he will bring those up at the next P&Z meeting with the individual.
Mahurin stated that she will not be at the next P&Z meeting noting she would be out of
town. Mahurin stated she would like to ask Councilman Smalley what is happening
with the city manager search. Smalley advised nothing and that it is on hold until after
the elections in the fall. Mahurin stated she would like to respond to the minutes about
the last P&Z meeting and added that she will be calling Mr. Bannock. Mahurin stated
she takes great exception. Mahurin stated she realizes that Bannock as a council
person is entitled to his own opinion. Mahurin stated she does not believe that we
Planning & Zoning Commission Page 17
Minutes June 25, 1997
"messed up and messed up bad because we didn't follow the rules. Because of that,
there was now a screw -up that was requiring a back -and -forth action on the matter.
He added, he tries not to pick on volunteer boards, but he felt this was a big error and
he wanted to send a strong message to the Commission that this cannot happen
again." Mahurin stated she would like the P&Z minutes to go to council saying, one,
we don't get salaried retirement, etc. like city council people do. We are volunteer.
Mahurin stated she would also like to point out that the letter that came to Mayor
Williams from the State of Alaska from Judith Bittner gives an accurate portrayal that
the city was very anxious to have a Townsite Historic Board. They were very anxious
to become a certified local government and they have received grants. The city pushed
very hard for the Historic Townsite Board to get that done. Mahurin stated she was on
that board at the time. Therefore, to me, this city does have a strong commitment to
Townsite Historic. Mahurin stated she might want to say that Mr. Bannock messed up
badly when he voted to reduce the size of Townsite Historic. That could be his
opinion. Mahurin stated she too will be talking to him adding she does not believe they
made the error. Mahurin continued stating she feels the integrity of Townsite Historic
needs to be maintained. We do, obviously, realize that we need to deal with this issue
a little more. Mahurin added that she thought she had requested that it be placed on a
fall agenda. Mahurin stated she resents the fact that he didn't think they knew what
they were doing. Mahurin stated she felt they perfectly knew what they were doing.
Mahurin apologized for her lateness and not being at the next meeting.
14. ADJOURNMENT:
Meeting adjourned at approximately 9 p.m.
Res ctfully submitted:
M'aril�n Kebschull
Administrative Assistant
HISTORIC DISTRICT BOARD
June 16, 1997 - 5:30 p.m.
***AMENDED AGENDA***
Kenai Council Chambers
Chair Dorothy Gray
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: May 19, 1997
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. HISTORIC BOARD REVIEW:
a. Conditional Use Permit —Coffee House —Lot 39A, Dolchok Subdivision-604
Peterson Way —Many Ann Alfano (PZ97-24
6. NEW BUSINESS:
7. OLD BUSINESS:
a. Sign Grant (Update)
• Shk'ituk't Village Sign
• Townsite Historic District Signs/Rotary Club
b. Conditional Use Permits in the TSH Zone
8. REPORTS:
9. INFORMATION:
a. Memo from Clerk Freas regarding "Quorums and Cancellations of Meetings"
b. Mission Street Public Notice —June 16 at 6 p.m.
c. Memo regarding "Preservation Briefs"
d. Commission Roster
e. "Alaska Association for Historic Preservation" Newsletter (May 1997)
f. "Heritage" Newsletter (January - March 1997)
g. NAPC Letter and Information dated 5/23/97
h. Council Agendas (6/4/97)
i. National Trust for Historic Preservation Tax Legislation Information Flyer
10. BOARD QUESTIONS AND COMMENTS:
11. ADJOURNMENT:
NOTE: MISSION STREET PUBLIC INFORMATION
MEETING AT 6 P.M. ON DUNE 16"HAFTER TSH
MEETING
HISTORIC DISTRICT BOARD
June 16, 1997
***MINUTES***
1. ROLL CALL:
Members present: Gloria Wilk, Ethel Clausen, Mike Huhndorf, Dorothy Gray,
Bill Kluge
Members absent: Rebecca Godek, Alan Boraas
Others present: Councilman Joe Moore, Administrative Assistant Marilyn
Kebschull
Gray explained the agenda had been amended with the main change being Item 5
and added that they would probably not be able to discuss the rest of the agenda
as there was another meeting scheduled at 6 p.m.
2. APPROVAL OF AGENDA:
WIK MOVED TO APPROVE AGENDA. AGENDA APPROVED BY UNANIMOUS
CONSENT.
3. APPROVAL OF MINUTES: May 19, 1997
Huhndorf explained on Page 4, the last paragraph where Gray asked about tribal
colors that he was referring to the Intertribal Youth Practicum and their colors.
Huhndorf shared a tee shirt which was designed using the colors of Halloween
orange and light brown with the raven. Huhndorf explained that the minutes should
be changed so that the word practical reads "practicum."
Huhndorf stated that half way down on Page 5, "Huhndorf noted that Ron
Pederson is also very good but added he has been very busy good." Correct the
second good to busy.
On Page 10 regarding the walking tour, Huhndorf advised he has a revised edition.
Huhndorf stated in the second sentence he wanted to make sure that the authors
are given credit.
MINUTES APPROVED BY UNANIMOUS CONSENT.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
Townsite Historic District Board
Minutes
5. HISTORIC BOARD REVIEW:
Page 2
June 16, 1997
a. Conditional Use Permit —Coffee House —Lot 39A, Dolchok Subdivision-604
Peterson Way —Many Ann Alfano (PZ97-24)
Gray stated she would like to make it clear to the people in audience and the people
on the Board according to Townsite Historic District law, the intent of the TSH
zoning district is intended to provide for a mixed control use in a designated area
which will protect and enhance the historic character of the zone. Gray, continued
reading from code, "The goal is to manage all new development, reconstruction,
and alterations within the zone. The intent of the TSH 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." Gray continued noting the HDB is simply a review board and will forward
a recommendation onto the P&Z which has the power to decide if a CUP is
accepted or rejected. Gray advised that as they reviewed the application that she
felt it important that the Board understand that the decision or recommendation is
not based on whether they like or dislike the idea of the proposed application but
what is stated in the law and what they are assigned as commission members to
look at and are sworn to look at. Gray asked that as they review the permit that
they carefully study what is in the application process as outlined in that part of
code on page 14-23.
Huhndorf asked for copy of code and Gray provided him with an extra copy she
had.
Gray stated that according to the application process, as stated in the code, the
applicant has filed an application with city's planning department. Gray stated they
needed to look at a couple of items according to the code, schematic plans of the
proposed construction, a site plan and landscaping plan, and to decide if the
development criteria fits the historic character of the area. Gray asked for a motion
to discuss this item.
WIK MOVED TO OPEN DISCUSSION. MOTION SECONDED BY HUHNDORF.
Gray asked the applicants if they had brought copies of the landscape site plan.
Mary Ann Alfano explained they have a map of the site but they didn't bring their
application. The applicants shared photographs they had brought with the board.
Mary Ann Alfano explained the dormers are not restained and have been resided
with plywood. Mary Ann Alfano clarified the interior pictures show disarray
because they are working on the coffee house. Huhndorf asked about furniture and
was advised it had been purchased from antique stores in California and some of it
was in the house and was from Wildwood. Alfano added that the windows on the
Townsite Historic District Board Page 3
Minutes June 16, 1997
windscreen came from the Wildwood demolition which are the same windows as in
the chapel. Huhndorf asked if the gray painted addition was something the
applicants had put on the residence and Alfano advised yes.
Gray reminded the Board that the addition to the house, structural changes, are not
the issue and that will be a separate issue. Gray stated they need to decide in the
next ten minutes if they approve of this business operating within the TSH zone.
Gray, referring to site plan which was provided by applicant, stated it is not clear
where the house is on it and was advised it doesn't show the house. (At this point
applicants were asked to step to the microphone as they had been speaking from
the floor.) Steve Liberty, applicant, stated this was the only drawing he could find
and he was trying to show the front boundary is 52 feet across because parking
was an issue. Liberty stated they need enough room for five vehicles in front
adding there is no problem with 52 feet.
Gray stated she glad they brought up the issue of parking because that is
something that will probably be continued on in the next meeting about the Mission
Street paving. Gray stated that to access that parking there is planned to be a curb
there for a parking lot for the Chapel parking. Liberty stated there are three
different styles of curb in the plans. Liberty stated it is not a 6 inch curb as Gray
had described prior. Liberty stated it is just a water gutter and you can bring grade
up to it. Gray asked how people are going to pull into the coffee shop parking and
then people pull behind for the chapel parking, they will get blocked in. Gray stated
they will be double parking. Alfano responded that they had talked to the man who
was planning the project and he didn't seem to think there was any conflict with it.
Gray stated this was her understanding adding she has the map showing proposed
parking in front of lot 39A is parking extended. Gray, pointing to the map, showed
parking adding that as she understood it the parking spaces would be right in the
first corner. Alfano noted they have plenty of available parking behind the house is
they chose to use it. Gray stated that she is saying if people park here for the
chapel that could block their parking. Alfano stated they have to have an
easement. Gray continued saying if some people park in here, they could get
blocked in. Alfano stated they consulted with (inaudible) and they cannot be
blocked in. Liberty stated that if you are going to put stripes there and say it's
been used for how many years, 30 or 50 years adding he has no idea how many
years, but after 7 years time you cannot stop people from using it. Gray stated
there is a driveway to the property. Alfano noted that is all they will need for
access. Alfano noted that at the last meeting Gray had stated there would be a 6
inch curb and they wanted to clarify that because they hadn't heard about that
adding that no one seemed to know about this. Gray stated that Mike Tauriainen
had told her that when she had called his office. Gray stated he had explained
there are different styles of curbs adding that he is the engineer for the project.
Townsite Historic District Board
Minutes
Page 4
June 16, 1997
Gray stated they had seven minutes and needed to continue the discussion and
make a decision.
Huhndorf stated he had discussed this with Steve (Liberty) and talked with you
(Gray) on the phone about a week ago stating that one, he doesn't have a problem
with the use as much as with the appearance of it. Huhndorf stated he had told
Steve that he would suggest calling OHA to see if it meets code. Huhndorf stated
he doesn't believe in inhibiting personal property rights even if he doesn't like what
they are doing. Huhndorf stated that as far as he is concerned if they can keep the
appearance it can help and bring attention to the historic district as long as
appearances are kept up. Huhndorf noted the addition was painted gray and that
structure is new itself. Huhndorf was advised by Shannon Fallacaro (1002 Inlet
Woods, Kenai) that it was painted to match the existing house so it would not
detract from the house. Alfano advised they had planned to side it afterwards with
a siding that matched the house even better. Huhndorf noted this is one of seven
properties that create the historic district. Alfano advised they understand that.
Kluge stated he was curious when the addition was done to the building, to the
original building? Alfano advised that was done, noting she had gotten the
information from Emil Dolchok, and Dolchok lived in the house 35 years and it is at
least 35 years ago. Group discussion about the additions and clarification about
the time that the additions were added. Huhndorf noted that even with the
addition it was given the kind of review it was by the survey. Fallacaro advised she
lived in the house four years ago and that was there then.
Gray, noting there was another meeting to follow this meeting, advised they
needed to continue discussion about whether this CUP application has a
recommendation by this board or not.
Huhndorf asked if they would move to close the last motion. Wik, noting that
everyone is in a hurry, stated she has questions on the parking. Wik stated they
made reference that you would park behind the house. Alfano stated they don't
want to park behind the house but could as there is plenty of space between the
church property and the house. Alfano stated that this was brought up by her
landlord, Mike Carpenter, who had stated that parking is not a problem and that
there is ample parking. Alfano added that Carpenter had advised if there was a
question about parking they could park behind the house. Alfano stated she would
like not to obstruct the landscaping by having cars park there.
Kluge stated he cannot comfortably make a recommendation on this project tonight
noting one, they are pushed for time, two asked if there is an asbuilt survey
showing the building location on property. Kluge asked if they had an asbuilt of the
Townsite Historic District Board Page 5
Minutes June 16, 1997
property. Alfano stated they don't have it with them. Kluge stated he is speaking
of the interest of pursuing the project and to do it correctly they should have an
asbuilt survey to show the building and then look at parking and look at what's in
the best interest of the property with the space available. Kluge stated that
without that he could not make a judgment whether there is adequate parking or
not and what the game plan is. Kluge advised he doesn't have enough information
to make a decision.
Kebschull advised that the code doe not require asbuilt and an asbuilt would only
be required if a building permit was required. Kebschull noted they were not
required a building permit. Kluge stated that when you run a business in the city of
Kenai it is in the zoning ordinance they are required to show parking. Kebschull
reiterated they are not required an asbuilt adding they would be asking for
something not required in the code. Kluge stated that to show parking as required
by the zoning ordinance, one needs to know where the property lines are in relation
to the building. Alfano offered to get the information and Liberty advised he has
taken measurements noting it is 30 feet from the front property line to the closest
section of the house. It is 50 feet across. Liberty stated they have a 30 by 50 feet
area to park cars. Fallacaro advised she felt they have what Kluge was asking for.
Moore stated he appreciates Kluge's comments adding they were educated
comments. Moore continued stating that according to the application that
regardless of what this board does, P&Z will hear this at their meeting on June 25'
meeting and will make a decision, yes or no. Moore stated he didn't feel they could
put this off adding that P&Z will not put it off. Moore stated that the Board needs
to send a message one way or another on their feelings.
Kluge stated that maybe his concerns were misplaced and should say that
personally he feels this occupancy can be compatible with Old Town if it is done
tastefully and feel that P&Z should verify that the zoning ordinance been complied
with in regards to snow removal, parking requirements, and landscaping. Kluge
noted that he doesn't believe that landscaping comes in until they do a certain
amount of work. Kluge stated that parking is required by zoning ordinance for an
occupancy and unless they have sufficient parking for the occupancy and the
square footage of their facility, then it doesn't meet the code.
Gray stated she wanted to pass on a message to the board that she had spoke with
Steve Peterson who is one of the directors of the National Park Service in
Anchorage. Gray stated he had phoned her today about this permit and said that
he is very concerned about types of businesses that would operate in close
proximity to National Historic Landmarks and he is preparing a letter to send to P&Z
about the propriety of businesses that exist in historic zones. Gray stated, as he
put it, that exist to exploit the traffic generated by a National Historic Landmark.
Townsite Historic District Board
Minutes
Page 6
June 16, 1997
Gray stated they need to make some sort of recommendation because P&Z is
expecting some recommendation. Gray stated it can be combined a combined
recommendation, we approve of this but ask for more information on something
else.
Huhndorf stated that if this is the National Park Service he doesn't know what the
rules would be. Huhndorf noted he had just visited the Smithsonian and that he
doesn't know how historic the Washington Monument and Jefferson Memorial are,
noting they were only built about 100 years ago. Huhndorf noted there are things
like book stores right off the monuments themselves run by the National Park
Services itself. Huhndorf stated that he thinks even places like Gettysburg and
Colonial Williamsburg have shops that do commerce. Huhndorf stated he was not
being contentious but to look at what he saw adding he is not sure how these line
up with each other.
Fallacaro asked to be allowed to speak. Gray asked that it be kept brief. Fallacaro
advised she lived in the house in the summer of '93. Fallacaro noted that what
was enjoyable was that tourists that would go visit the chapel would wander up
and talk to her while she was reading and come in the house wanting to know if it
was still a coffee house. They were very interested in getting a cup of coffee or in
the area.
Alfano stated the point Fallacaro is trying to make noting she has been living in the
house for three years and there seems to be a lack of information. Alfano stated
they had always planned to put history books about Kenai in the shop and serve
the community and the locals. Alfano stated she gets asked constantly about
things that happened to the point where she has had to read so that she can
answer questions. Alfano noted that people come to try to take photos inside the
house. Alfano stated they have no privacy living there. Alfano noted the house is
privately owned. Alfano noted this is unfortunate for the historical society. Alfano
stated that very few people would want to live in that house because of the lack of
privacy adding it suits the purpose. Alfano stated she originally planned this for the
locals and as far as exploiting tourism she would close down some months in
summer as she has been forced to now. Alfano stated she is here as a resident of
Alaska and is concerned about friends who like to have a place to go noting people
could come over in the evenings and just do art work there and that they love the
atmosphere and it is conducive to that kind of thing. Alfano stated if the board
approved the permit, they would like suggestions, how can they make it palatable
to everybody, also with the church. Alfano stated she has read all the articles
about Steve Paloza and going against the church. Alfano advised she and Steve
were raised Catholic and have no interest in going against the church. Alfano
stated she is almost superstitious about it adding it is true and that the board must
know about "Liki Lyras" stating she was shocked with the whole thing with the
Townsite Historic District Board
Minutes
church.
Page 7
June 16, 1997
Gray noted there was a motion on the floor for discussion only adding she would
like to call question on that motion. Gray stated they would need a motion to
accept the application for the CUP.
UNANIMOUS CONSENT TO CLOSE MOTION ON DISCUSSION.
KLUGE MOVED TO APPROVE THE PROJECT CONTINGENT UPON IT MEETING
THE ZONING ORDINANCE OF THE CITY OF KENA1. HUHNDORF SECONDED THE
MOTION.
Huhndorf stated his only discussion is that the appearance of the house stay right
adding he doesn't like porch and addition. Huhndorf stated he may have a certain
propriety attitude with the history in the area but added he has a certain respect for
personal property rights. Huhndorf stated that if he had a house in the historic
district he wouldn't like people controlling what he could do with his stuff.
Huhndorf reiterated that he doesn't like the porch but added it can be taken off or
assuaged later with OHA.
WIK PROPOSED AN AMENDMENT ON THE PARKING TO MAKE SURE THAT
PARKING IS SUFFICIENT NOW AND IN THE FUTURE.
Kluge stated that is what he was referring to in the zoning ordinance. Kluge stated
there are requirements in the zoning ordinance based on the square footage of a
facility that require a certain number of spaces. Kluge stated that if they added on,
that increases the parking requirements as well.
Gray stated that the applicant has mentioned working with the church stating she
thought it would be a good recommendation of the board to have a written
proposal drawn up that would honor the hours that the church is in session
beginning at 6 p.m. on Saturday night through at least noon on Sundays where the
coffee house would not be operating. Gray stated that she would also hope that
the approval of this as a coffee house would, asked Councilman Moore what if
alcohol were to be served on the premises at a later date? Gray asked if this would
be a separate issue. Moore asked if the applicants had a liquor license. Alfano
responded that she didn't know how that rumor got started. Gray stated she was
just asking if that by approving this now it would allow for expansion at a later
date. Huhndorf commented that if approved now, it wouldn't allow for a liquor
license later. Moore noting that Kluge had mentioned that you cannot have a liquor
license that close to a church or a day care center.
Gray asked if Kluge would accept that as a friendly amendment. Kluge stated he
Townsite Historic District Board Page 8
Minutes June 16, 1997
would adding he felt it was a good amendment.
Gray noted that the amendment was that the Board would approve the CUP with
the, asked Kebschull to read the amendment. Kebschull read Wik's amendment on
parking. Gray asked about the agreement with the church. Kebschull advised that
she didn't know that was a motion adding she didn't believe the chairperson could
make a motion. Gray stated she asked Kluge if he would make a friendly
amendment. Kebschull stated she thought Kluge was accepting Wik's amendment.
Huhndorf asked if they needed a motion. Wik stated that Kluge had noted her
amendment was already included in the motion. Wik stated Gray's was an
amendment on the hours of operation.
Kebschull asked for clarification if Kluge made an amendment to your motion.
Kluge stated that Gray had asked if he would accept the amendment and he had
agreed that he would accept it. Kebschull advised the chairperson cannot make a
motion adding that someone else would need to do so.
WIK MOVED TO AMEND THE MOTION LIMITING THE COFFEE HOUSES
OPERATIONS FROM 6 P.M. ON SATURDAY NIGHT TO NOON ON SUNDAY AS
PREVIOUSLY NOTED BY GRAY. HUHNDORF SECONDED THE AMENDMENT.
VOTE ON AMENDMENT:
WIK
YES
HUHNDORF
YES
CLAUSEN
YES
KLUGE
YES
GRAY
YES
Gray asked for amended motion to be read. Read by Kebschull.
VOTE ON MAIN MOTION AS AMENDED:
WIK
YES
HUHNDORF
YES
CLAUSEN
YES
KLUGE
YES
GRAY
NO
MOTION PASSED 4 TO 1.
6. NEW BUSINESS:
Townsite Historic District Board Page 9
Minutes June 16, 1997
7. OLD BUSINESS:
a. Sign Grant (Update)
• Shk'ituk't Village Sign
• Townsite Historic District Signs/Rotary Club
b. Conditional Use Permits in the TSH Zone
8. REPORTS:
9. INFORMATION:
a. Memo from Clerk Freas regarding "Quorums and Cancellations of Meetings"
b. Mission Street Public Notice —June 16 at 6 p.m.
c. Memo regarding "Preservation Briefs"
d. Commission Roster
e. "Alaska Association for Historic Preservation" Newsletter (May 1997)
f. "Heritage" Newsletter (January - March 1997)
g. NAPC Letter and Information dated 5/23/97
h. Council Agendas (6/4/97)
i. National Trust for Historic Preservation Tax Legislation Information Flyer
10. BOARD QUESTIONS AND COMMENTS:
Gray advised they will consider the other agenda items at their next meeting on
July 21 ". Huhndorf asked these meetings could be planned so they are no so
pushed. Gray explained that we had a short agenda until the CUP application was
put on the agenda.
11. ADJOURNMENT:
Meeting adjourned at approximately 6:15 p.m.
Respectfully submitted:
Mani n Kebschull
Administrative Assistant
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 18, 1997
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.Kenai.net/city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered
to be routine and non -controversial by the Council and
will be approved by one motion. There will be no
separate discussion of these items unless a Council
Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its
normal sequence on the agenda as part of the General
Orders.
B. SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Clarence Ladd - Main Street and Riverview
Drive/Barricades.
2. Steve Liberty and Mary Ann Alf ano - 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.
-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, 1-1997 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.
-2-
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. COMMISSIONLCOMMITTEE 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. CORRESPONDENCE
G. OLD BIISINESS
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
1. Citizens (five minutes)
2. Council
R. ADJOURNMENT
-4-
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 18, 1997
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://WWW.Kenai.net/city
Mayor John J. Williams, Presiding
ITEM A: CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:02
p.m. in the Council Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2.
ROLL CALL
Roll was taken by the City Clerk. Present were: Bannock,
Smalley, Williams, Bookey, Swarner, Moore and Measles.
A-5. AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD TO: B-2, 6/17/97 letter from Kathy Tomrdle supporting
Alfano/Liberty conditional use permit request.
REMOVE: C-12, Resolution No. 97-44 - Remove for amendment and
placement on July 2, 1997 agenda.
MOTION:
Councilman Smalley MOVED for approval of the amended agenda and
requested UNANIMOUS CONSENT. There were no objections. SO
ORDERED.
A-6.
CONSENT AGENDA
Mayor Williams reported he had no changes to the consent agenda.
MOTION:
Councilman Smalley MOVED for approval of the consent agenda as
presented. There were no objections. SO ORDERED.
ITEM B: SCHEDULED PUBLIC COMMENT
B-1. Clarence Ladd - Main Street and Riverview
Drive/Barricades.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 2
Mr. Ladd stated he was concerned the barricades at Main Street
and Riverview Drive were deterring people who reside along the
street from accessing their property. Also, he believes Main
Street is a public road and as such, people should be able to
access it and park there. He suggested the barricades be moved
forward approximately one car length.
He was also concerned the on -street parking along those streets
was a danger as there were many times the parking of vehicles on
both sides of the street congested access to the street. He was
concerned emergency vehicles would not be able to access
properties when needed.
Ladd also stated his concern hat Cook Avenue to Mission Street is
also often congested with vehicles parked on both sides of the
street. The businesses along those streets don't offer enough
off-street parking. Again, he was concerned there was not
available access for emergency vehicles.
Public Works Director Kornelis stated he went to the area, after
Ladd's last visit to council, and noted people were parking in
front of the barricades, which cut off access of the residents to
their properties. He spoke with Lt. Kohler (KPD) and they placed
"no parking" signs on the barricades. If people continue parking
there, they may be cited. Kornelis added, he could have the
barricades moved forward, but the Church may complain.
City Manager Ross stated he brought the subject to the Fire and
Police chiefs during a staff meeting. They will be reviewing the
matter as a safety matter and will report back to him. He added,
council and public know why the barricades are there.
Councilwoman Swarner requested the chiefs also take action to
have the basketball hoop that is on this and other city streets
removed. Swarner asked if enough parking was offered from
businesses along Mission Street and Old Towne Village. Ross
answered, on -street parking has been used for some time. If
people have to park only where there is off-street parking, they
would have a far distance to walk to areas of interest.
Councilman Smalley suggested the chiefs should comment on the
safety of on -street parking on that street. If there is a
problem, he suggested parking only be allowed on one side of the
street.
Mayor Williams noted administration would review the matter and
take appropriate action.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 3
B-2. Steve Liberty and Mary Ann Alfano - Application/
Conditional Use Permit/Coffee House at Lot 39A, 604
Peterson Way - Planning & Zoning Commission Discussion.
It was noted, Alfano and Liberty were not present. It was also
noted, the Planning & Zoning Commission referred the matter to
the Historic District Board for comments. The Board, during its
Monday meeting, recommended approval (with stipulations) and
referred it back to the Planning & Zoning Commission. The matter
will be discussed again at the June 25 P&Z meeting.
Ross noted, he met with Alfano and Liberty and they requested to
be placed on the agenda. They also stated, they may or may not
attend.
Mayor Williams stated the matter would be discussed during the
Planning & Zoning Commission meeting report at Item D-6.
ITEM C: PUBLIC HEARINGS
C-1. Ordinance No. 1746-97 - Increasing Estimated Revenues
and Appropriations by $2,328,000 in the Taxiway
Extension North Capital Project.
C-1a. Action postponed from 6/4/97 meeting - discussion
resumes (motion to approve and second remain active).
C-lb. Consideration of ordinance.
MOTION:
Councilman Measles MOVED to adopt Ordinance No. 1746-97 and
Councilman Smalley SECONDED the motion.
C-1c. Consideration of Substitute Ordinance No. 1746-97.
MOTION:
Councilman Measles MOVED to amend Ordinance no. 1746-97 by
replacing it with Substitute Ordinance No. 1746-97. Councilwoman
Swarner SECONDED the motion.
City Manager Ross explained the original ordinance was based on
the engineer's projections. The substitute ordinance is based on
the actual bids received. There was a substantial savings after
the bid.
KENAI CITY COUNCIL
JUNE 18, 1997
PAGE 4
MOTION:
MEETING MINUTES
Councilman Measles MOVED to amend the second whereas of the
substitute ordinance by removing "will be" and replace it with
"were" (then reading, "...bids for the project were opened May
29, 1997). Councilman Smalley SECONDED the motion.
VOTE ON AMENDMENT:
Councilman Measles requested UNANIMOUS CONSENT. There were no
objections. SO ORDERED.
VOTE ON MAIN AMENDED MOTION:
Bannock: Yes Smalley: Yes Williams: Yes
Bookey: Yes Swarner: Yes Moore: Yes
Measles: Yes
MOTION PASSED UNANIMOUSLY.
C-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.
MOTION:
Councilman Smalley MOVED for adoption of Ordinance No. 1747-97
and Councilman Bookey SECONDED the motion.
There were no public comments. Swarner asked if the sale would
be by sealed bid or out -cry auction. Ross answered sealed.
Swarner noted it was not obvious in the paperwork that it would
be a sealed bid and requested it be stated so not to confuse
potential bidders. Ross noted in the paperwork where it stated
it would be a sealed bid and added, the advertisement would also
note it will be a sealed bid.
Williams stated he was concerned a sale could be made on a deed
of trust with payments to be made. He would rather eliminate
anything having to do with taking a note as the city has had
problems with collecting in the past. He felt it would be safer
and more prudent for the city if they were sold as "cash only."
The city can always refuse all bids. He would prefer not taking
long-term payments and take the chance the properties may be
foreclosed upon again.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 5
Councilman Bookey stated he had the same concerns, but then
remembered airport lands are sold in the same manner and the city
has had few problems with those sales. Councilman Smalley asked
if the terms of this sale would be consistent with the manner in
which the city has always conducted sales. Ross answered yes.
There would be a 15% down required (which will allow the city to
pay owed taxes on the property) and interest of ten percent on
the notes. He added, he would be comfortable allowing the
purchases on deeds of trust.
C-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.
MOTION:
Councilman Measles MOVED for adoption of Ordinance No. 1750-97
and Councilman Bookey SECONDED the motion.
There were no public or council comments. Ross requested action
on the ordinance be postponed until the July 2 meeting.
MOTION:
Councilman Measles MOVED to postpone action on Ordinance No.
1750-97 until the July 2, 1997 council meeting. Councilman
Smalley SECONDED the motion. There were no objections. SO
ORDERED.
C-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.
C-4a. Resolution returned to Administration for rewrite
(6/4/97) - discussion resumes (motion to approve and
second remain active).
C-4b. Consideration of resolution.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 97-33 and
Councilman Bookey SECONDED the motion.
There were no public or council comments.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 6
C-4c. Consideration of Substitute Resolution No. 97-33.
MOTION TO AMEND:
Councilman Smalley MOVED to substitute Resolution No. 97-33, Item
C-4a with Item C-5c. Councilwoman Swarner SECONDED the motion.
There were no objections. SO ORDERED.
Councilman Bannock stated he felt the second whereas almost flip-
flopped the city's position. He added, he felt it would mirror
the original resolution.
MOTION:
Councilman Bannock MOVED to amend Resolution No. 97-33 by
deleting the second whereas of the resolution. Councilman
Measles SECONDED the motion (for discussion purposes).
Bannock explained, he felt the resolution was supporting the
State's building poorly constructed bike paths, which is what he
thought Resolution No. 96-1 did as well.
Smalley stated, he thought council's requesting a rewrite of the
resolution was to remove the word "maintenance" and define what
the city felt was their maintenance responsibility. He added, he
believed the State was able to build good bike paths and was not
looking at this resolution to tell the state to build bad bike
paths. The resolution was stating only what the city will do as
seasonal work.
Swarner and Bookey asked if the resolution was also referring to
the Forest Drive bike path. Ross answered, the resolution
authorized the city manager to use personnel to sweep, but did
not state all bike paths. He added, the resolution did not
commit the city to take the full responsibility for maintenance
of the paths but only authorized the city manager to decide
whether or not the path needs to be swept.
Bookey suggested the resolution clarify the only path to be swept
was the one along Kenai Spur Highway. Measles agreed, saying the
people of Woodland may use the resolution as leverage for the
city to clean up the path along Forest Drive. It was noted that
when Forest Drive is improved and a new bike path is placed (as
planned), and if it is done to the city's specifications, the
city would be taking on the responsibility of the Forest Drive
bike path.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 7
Discussion on Bannock motion resumed. Smalley stated, removing
the second whereas had nothing to do with the bike path. The
resolution was speaking to maintenance of the path. Williams
noted he was not comfortable with voting on the resolution
because it referred to Resolution No. 96-1 and he did not
remember what that resolution stated.
Kornelis referred to Resolution No. 96-1. He noted that
resolution 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." He added, the resolution didn't
say anything about the city's responsibility to take over
maintenance of the path.
Bannock stated he felt bike paths didn't fit into the resolution
and that he was against spending too much money on poorly built
bike paths. Bookey asked if Resolution No. 96-1 discussed the
Unity Trail.
Ross suggested, if council agreed with Bannock's motion to remove
the second whereas, the first whereas should be amended by
removing "has previously stated in Resolution No. 96-1 that" and
add "believes," to read, "...the City of Kenai believes it is in
the best interest..." Bannock accepted the suggestion as a
friendly amendment.
Bannock reminded council what his motion now included: (1) delete
"has previously stated in Resolution No. 96-1 that"; and, (2)
remove the second whereas.
VOTE ON AMENDMENT:
Bannock: Yes
Bookey: Yes
Measles: Yes
MOTION PASSED.
MOTION TO AMEND:
Smalley: No
Swarner: No
Williams: No
Moore: Yes
Councilman Measles MOVED to add "along the Kenai Spur Highway" at
the end of the title sentence and in the "Be it resolved"
paragraph between the words "paths" and "during" (to read,
...from the pedestrian and bike paths along the Kenai Spur
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 8
Highway during the period...) Councilman Bannock SECONDED the
motion. There were no objections to the motion to amend. 80
ORDERED.
VOTE ON MAIN AMENDED MOTION:
There were no objections. 80 ORDERED.
C-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.
MOTION:
Councilman Bookey MOVED for adoption of Resolution No. 97-37 and
Councilwoman Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-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.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 97-39 and
Councilwoman Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-7. Resolution No. 97-39 - 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.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 9
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 97-39 and
requested UNANIMOUS CONSENT. Councilman Moore SECONDED the
motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-8. Resolution No. 97-40 - Transferring $5,270 in the
Congregate Housing Fund for Building Repair and
Maintenance.
MOTION:
Councilwoman Swarner MOVED for approval of Resolution No. 97-40
and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the
motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-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.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 97-41 and
Councilman Bookey SECONDED the motion.
Swarner referred to discussion in the P&Z Commission minutes
about landscaping. Smalley responded, the plat was approved
based on the proposed landscaping plan.
Sherry Biggs - Economic Development District. Biggs stated
Architect Bill Kluge was requested to process the required
paperwork through the Planning & Zoning Commission. It was her
understanding the commission passed the resolution.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 10
Swarner questioned the approval of the landscaping plan even
though there was no placement of flowers noted in the plan.
Smalley responded, the Code does not state a landscaping plan had
to include flowers. He added, if Councilwoman Swarner felt the
Code should be changed, council could consider it. However, the
landscaping plan for the EDD building was in compliance with the
Code.
VOTE:
There were no objections. SO ORDERED.
C-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.
MOTION:
Councilman Bookey MOVED for approval of Resolution No. 97-42 and
Councilwoman Swarner SECONDED the motion.
There were no public comments.
City Manager Ross explained, administration was recommending
council award the bid to the low bidder, Cook Inlet Construction
(CIC). The irregularity that was contested was the matter of a
form which was to be submitted and was essentially a promise to
file a DBE form within 15 days. He added, the city attorney
rendered an opinion that it fit within the minor technical
irregularlity, and didn't have anything to do with the low base
price of the bid and didn't allow for any bid manipulation. Ross
added, they recommended council award the bid to the lowest
responsible bidder, Cook Inlet Construction.
Bookey stated he read the attorney's opinion and asked Attorney
Graves if he still concurred with his findings. Graves answered
yes.
Mayor Williams directed a question to Public Works Department who
had handled the bid process, and asked if they were comfortable
with the low bid of $1,318,000 as being responsive or did they
see any technical difficulties on the horizon for this contract.
Also, had there been any mention from the contractor of any
concerns. Ross answered, nothing had been received and noted the
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 11
consulting engineer, Phil Bryson, was in the audience. Williams
asked Bryson if all was in order. Bryson answered, there were no
significant deviations from the bid prices. The contractor
didn't say he had any problems. He added, the low bid was close
to the second low bidder.
Bannock stated he had hoped there would be some objection. He
added, this was something the city had been battling with for
quite some time and had to do with an irregularity situation. He
added, he wouldn't support (the resolution) and couldn't believe
anyone else would support it when there was such a double
standard. Bannock stated he appreciated Graves' memorandum, but
when a requirement is indicated and in the next paragraph, the
city puts itself in a position to waive a requirement, he
questioned why the requirement was there in the first place.
Knowing what the DBE declaration was for, he didn't think the
city should consider awarding the contract knowing that the city
told the bidders they had to have it. To go back after the fact
was sending a clear signal that the city was not interested in
following instructions, but only cash amounts.
Ross stated, the council had the attorney's opinion which was
based on a Alaska Supreme Court decision. That opinion states
that the greater liability would be to throw out a responsible
bid with a minor technicality that had nothing to do with bid
amounts. Ross continued, based on Bannock's comments and prior
to those comments, there was direction to Public Works that the
bid documents were to be revised to come into accordance with the
opinion. The errors of the past were the past and he hoped there
wouldn't be errors of this nature in the future. He added, upon
review, "...shall be considered non -responsive..." may be changed
if it is not viable legal language. And, in the future, the
language may indicate "may lead to that decision." Bannock
noted, unfortunately, the city didn't take that position when
this the bid was let.
Williams questioned the fourth paragraph of Graves' opinion where
it referred to "...paragraph 'q' on Page B-11..." He asked where
"paragraph q" was and was told the paragraph appeared in the bid
document. Williams stated, then it states specifically in the
bid document "...that at the city's discretion any informalities
and irregularities may be waived..." Williams also noted, in the
bottom paragraph (of the attorney's opinion) it stated, "under
state law, in order for a bid to be rejected there must be a
material variance..." Williams added, he didn't think the
lacking DBE form didn't constitute a material variance from
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 12
the intended contract. Williams added, he appreciated Graves'
research as he felt it cleared up the city's situation.
VOTE:
Bannock: No
Bookey: Yes
Measles: Yes
MOTION PASSED.
Smalley: Yes
Swarner: Yes
Williams: Yes
Moore: Yes
C-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.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 97-43 and
Councilwoman Swarner SECONDED the motion.
There were public or council comments.
VOTE:
There were no objections. 80 ORDERED.
C-12. Resolution No. 97-44 - Supporting the Alaska Statehood
Act and Its 90-10 Provisions Regarding Oil Royalties.
Removed from agenda. To be brought forward at July 1, 1997
council meeting.
BREAK TAKEN: 7:55 P.M.
BACK TO ORDER: 8:06 P.M.
ITEM D. COMMISSIONICOMMITTEE REPORTS
C-1. Council on Aging
Councilwoman Swarner reported the unapproved minutes of the June
10, 1997 meeting were included in the packet.
D-2. Airport Commission
Councilman Measles reported the unapproved minutes of the June
12, 1997 meeting were included in the packet. Most of the
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 13
meeting discussion was in regard to the Airport Master Plan.
Airport Manager Ersnt added, the comment period would be open for
30 days and then the Plan would come back to the Commission for
final review. The Commission will also review and consider
comments made and decide whether to include them into the Plan.
A second public hearing would be held at that time.
Bannock referred to Page 4-25 in which the Plan discussed
deleting parking from the "east" side of the terminal parking
lot. Ernst explained, it would eliminate curb -side parking for
taxi cabs.
Williams noted the minutes stated, they planned to move the end
of the runway 200 feet south. Ernst explained the threshold
would be moved 200 ft. to the north which would add overall
length, making the total length 8,000 ft. Planes will be taking
off 200 ft. closer to the terminal. Measles added, the addition
was being made because the runway was too close to the cemetery
now. When the runway is extended, the south end of it will be
moved north 200 ft. which would the proper distance from the
cemetery.
D-3. Harbor Commission
Councilman Bookey reported the minutes of the June 9 meeting were
included in the packet. Councilwoman Swarner asked if fees were
being collected at the dock. Kornelis answered yes. Some users
were paying the $7.00, but they were also receiving notes in
envelopes as well as incorrect amounts. They have been able to
identify who those users are and have had some success in
collecting past owed amounts when they return to use the dock.
D-4. Library Commission
Councilman Moore reported the minutes of the June 3, 1997 meeting
were included in the packet. He reminded council, the Commission
would not be meeting in July. Their next meeting would be held
on August 4. He also noted a "Needs Assessment" memorandum in
the packet in regard to the library.
D-5. Parks & Recreation Commission
Councilman Bannock reported he was unable to attend the last
meeting, however the minutes of the June 5 meeting were included
in the packet. Bannock reported the batting cage was operating
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 14
and referred to information in the packet about the handicapped
accessible project at the Municipal Park.
Parks & Recreation Director Frates stated the handicapped
accessible project at the Municipal Park was a sensitive issue.
He viewed the sites and will be meeting with members of the
Kenaitze Tribe and others on Tuesday. The function of the
meeting will be to investigate signage to incorporate into the
site. They hope to be continuing with the project by next week.
Councilman Smalley reported he had received several calls about
the aesthetics of the city, i.e, lawn care, flowers, etc. He
added, he was concerned council was expecting more and more from
the Parks & Recreation Department and they are three personnel
short. He asked that administration allow hire of additional
people when the work load reflects it is needed.
Williams reported he had received indication from a local group
that they will volunteer 150 hours of community service to the
city and devote it to the Parks program. He suggested other
organizations could be approached for help. Swarner noted that
even when there are volunteers doing work for the city, someone
from the ciity has to be there to direct the work being done.
Williams noted the matter would be left to administration.
Director Frates reported he had identified five dead trees in
Memorial Park and had contacted four of the planting/plaque
purchasers by phone to ask if they would object to the city
replacing the planting. He has written to the remaining
purchaser. He has received no objections. He recommended the
city replace all five of the trees for a total of $800.
MOTION:
Councilman Smalley MOVED for the city to purchase the replacement
plantings and Councilwoman Swarner SECONDED the motion.
Bookey was concerned about the total cost. Frates explained, the
cost included the purchase of the plantings, placement of them
and a one-year guarantee on the plantings. Swarner identified
two plantings, one by the Veterans Memorial and one by the gazebo
that she believed needed replacing. Ross noted the funds for the
purchase would come from the Parks budget.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 15
VOTE:
There were no objections. SO ORDERED.
D-6. Planning & Zoning Commission
Councilman Smalley reported the minutes of the June 11, 1997
Commission meeting were included in the packet. He reviewed
actions taken by the Commission.
Smalley reported 6A (Conditional Use Permit Application/Coffee
House) was postponed in order for the matter to go to the
Historic District Board (HDB) for review. He added, Ms. Gray,
representing the Russian Orthodox Church, handed out a document
at the meeting which stated their reasons for objections. In the
Commission discussions, they didn't seem to be in objection to
the development. Many verbally supported the application and
thought it would be a nice addition to the area, but felt it
should have been reviewed by the HDB. However, the Code states
if a project doesn't require a building permit and is a
conditional use permit, it doesn't have to go to the Board for
review. The Commission forwarded it to the Board for review in
their advisory capacity.
Smalley, added, the Board met on Monday, however, he did not know
what their recommendation was. The matter would be before the
Commission again at their next meeting. Smalley continued, the
applicants were going to come before council to explain their
side of the matter and what they perceived taking place.
However, council wouldn't have been able to take any action.
Smalley noted, there were letters submitted both supporting and
objecting to the application.
Smalley continued, saying he spoke to the Commission and told
them he felt the code was very clear and who had what authority.
Other matters the Commission considered were a variance permit in
Woodland Subdivision (passed); a resolution recommending
amendments to the Land Use Table (passed); Home Occupation Permit
(passed, based on parking issues which were discussed); and the
landscape site plan for the EDD addition (approved). Smalley
added, the Commission discussed what was landscaping and found
the Code to be clear: If a plan meets the Code, it should be
approved. If there is dissatisfaction with the Code
definition/requirements, a change needs to be made.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 16
D-7. Miscellaneous Commissions and Committees
D-7a. Beautification Committee
Councilwoman Swarner reported the unapproved minutes were
included in the packet. Beautification awards were discussed and
the judging will be done the end of July. Swarner suggested that
if council or others are aware of nicely landscaped private or
business yards, to please contact the Parks Department.
Williams reported he had been approached by Frank Hicks from a
local church who will be donating 150 hours of community service
in July. The group will be helping with the beautification of
the city.
D-7b. Historic District Board
Councilman Moore reported the Board met on Monday night. The
coffee house applicants were present and presented their case.
After a brief discussion, the Board agreed to recommend to the
Commission the permit be approved with a stipulation the business
be closed from 6:00 p.m. Saturdays until noon on Sundays.
D-7c. Challenger Board
Councilman Bannock reported the Board met in their new office
with the new project coordinator. Bannock presented the Board -
approved logo for the Center. Bannock added, the Board also
discussed the Fourth of July plans and reported the Center's 501-
3(c) papers were being processed.
D-7d. Kenai Visitors & Convention Bureau Board
Councilman Bookey reported the next meeting was scheduled for
June 23 at 8:00 a.m.
D-7e. Alaska Municipal League Report
No report.
ITEM E: MINUTES
E-1. Regular Meeting of June 9, 1997.
Approved by consent agenda.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 17
ITEM F: CORRESPONDENCE
None.
ITEM G: OLD BIISINESS
None.
ITEM H: NEW BIISINESS
H-1. Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Smalley MOVED to pay the bills and Councilman Bookey
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 Councilwoman Swarner SECONDED the motion. There were
no objections. SO ORDERED.
H-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.
Introduced by consent agenda.
H-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).
Introduced by consent agenda.
H-5. Approval - Special Use Permit/Snug Harbor Seafoods.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 18
MOTION:
Councilman Bookey MOVED for approval of the Special Use Permit to
Snug Harbor Seafoods. Councilman Smalley SECONDED the motion.
Ross referred to the memorandum on the back of the information
and requested council to disregard it as after the memorandum was
reviewed by the Harbor Commission and with their input, the
monthly and annual fee were raised, as well as the renewal date.
The changes reflected the desires of the Commission and in
accordance with the lessee.
Ross continued, the rate first suggested was low. The present
rate was based on other lease fees of $.74/sf and when including
the BLM filing fees, it brought the rate to $.87/sf. The rate
the Harbor Commission set was $1.74 sf., or $3,000 a year which
values the property at $77,000 an acre. Ross noted, this would
also be the value to be used in the future for other areas at
dock. Ross added, the lessee was amenable to the lease price.
Bookey stated the Commission, and he personally, had major
concerns with the original rate of $125/month for improved
property with access to the River. He thought the new rate was
more realistic and the Harbor Commission agreed. He added, Paul
Dale (the lessee) had no objections to the new rate.
Ross added, they have every reason to believe BIM will approve
the lease of the property (which is required) based on
conversations with their representatives.
VOTE:
There were no objections. SO ORDERED.
H-6. Approval - Memorandum of Agreement/Mission Street
Improvements - Department of Transportation.
Public Works Director Kornelis reported he received written
information from the state that the cost for the project would
be:
Mission Street water/sewer,
city portion (estimated) $ 79,009.64
Alaska Avenue paving (all city's cost) 7,000.00
$ 86,009.64
State share of water/sewer project $ 75,858.00
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 19
Estimated total water/sewer project
cost
$154,868.00
Kornelis added, the state -estimated cost would be based on the
contractor's bid prices. They estimated the total project cost
at $366,881. He added, the federal government would be paying
for the lighting and fixtures. The Historic District Board
reviewed the types available which were recommended to him as
appropriate for the area. The Board chose a fixture that looks
much like the dome of the Russian Church.
Councilman Measles asked if the price included the design costs.
Kornelis answered, no. The city already paid for the design
costs. The costs he stated did, however, include the
construction and administration costs as DOT would pay the
contractor directly.
MOTION:
Councilman Smalley MOVED for approval of the Mission Street
Improvements - Memorandum of Agreement with the Department of
Transportation and the City of Kenai. Councilwoman Swarner
SECONDED the motion.
Bookey asked if this would be a State project and Kornelis
answered yes. Kornelis added, the City would watch the progress
of the project closely. He added, at the public meeting he told
DOT to contact him to contact him with comments and concerns.
Smalley stated, he had been asked about parking for the proposed
coffee house. Kornelis explained, there would be no parking
adjacent to the coffee shop, however, there would be nine spaces
and two handicap spaces across the street in front of the Church.
Those spaces would be paved by the city with curb, gutter and
sidewalk and would be public parking as they are in the public
right of way.
Smalley stated he understood the property between the asphalt and
the coffee shop was church property and in order to get to the
coffee shop, one must trespass on church property. Kornelis
answered yes. Williams added, the city got an easement from the
church to be able to pave the street. The easement runs through
the church property.
Bookey observed, the coffee shop property was landlocked and it
was a major project, but the problem hadn't been rectified. He
asked, if the city would not be in control of the project and
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 20
there were cost overruns, would those cost overruns be the city's
responsibility. Kornelis answered, the city's portion of the
paving project was Alaska Avenue. The water/sewer project (from
the fire hydrant to the day care in) was the State's project. If
there were overruns on the lighting, it would be the State's
responsibility as well as any overrun on excavation of the
street, as they were part of the water/sewer portion of the
project. If there were overruns, the State would have to get the
city's approval on them. Kornelis added, there were other
landlocked properties by the cemetery. Bookey noted, they would
not be involved in this matter. He added, he didn't know if it
is the city's place to get into that concern. Kornelis added,
the project was to begin in September and completed in October.
Placing topsoil and seeding will be completed in the next growing
season.
VOTE:
There were no objections. SO ORDERED.
EXECUTIVE SESSION - None Scheduled.
ITEM I: ADMINISTRATION REPORTS
I-1. Mayor
No report.
I-2. City Manager
(a) Lawton Drive Green Strip - Ross reported he had
received comments about changing the zoning of the buffer strip
along Lawton Drive from conservation to commercial. He requested
council think about such a change because at the July 2 meeting,
during he manager's report, he would ask if council wanted
administration to develop a proposal. He added, the area could
be changed to commercial with a buffer of trees.
(b) Banking RFP - Ross reported the banking RFP went out on
June 12.
(c) Partial Deeds of Release - Ross reported Dave Brown has
submitted a request for a Partial Deed of Release on property he
purchased from the city (Dena Iina Point Estates). The matter
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 21
will be reviewed by the Finance Director and Attorney and then
brought to council the first meeting in August with their
recommendations.
(d) Sign Request - Ross reported he received a request for
a visitors' facilities -type sign to be placed on either side of
Main Street. The sign would indicate RV park locations, dumping
facilities, etc. Ross requested council to consider whether they
would want that type of signage in the right of way. The sign
would be placed on state right-of-way and would be a state
project.
(e) Foreclosed Property - Ross reported, at council's
request, administration had investigated whether the city had
available properties which had been foreclosed upon for more than
ten years and had a value of less than $10,000. Ross reported
there was no city property available with those requirements.
I-3. Attorney
Attorney Graves reported he would be absent from the July 2
council meeting.
I-4. City Clerk
No report.
I-5. Finance Director
No report.
I-6. Public Works Director
No report.
I-7. Airport Manager
No report.
ITEM J: DISCUSSION
Citizens
Economic Development District - Aleja DeVito thanked council
for their action taken on Resolution No. 97-41 authorizing a
partial reconveyance of the city's lien position on their
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 22
property. She indicated council members would be receiving
invitations to their groundbreaking festivities.
DeVito reported their next board meeting would be held on June
26. Their revolving loan committee just approved two additional
loans and were again out of money in that program due to its
popularity. To date they helped 16 businesses on the Peninsula.
DeVito added, EDD was continuing their search for a chief
executive officer.
J-2. Council
Bookey - Bookey asked if there would be something done to
the elevation at the bottom of the new stairs on the bluff
(Forest Drive to beach) or leave the wooden platform there.
Kornelis answered, they would be adding some sand and gravel.
Swarner - (a) Swarner stated she was concerned about the
coffee house situation in regard to customer service. She asked,
when a person goes to city hall to apply for a permit, were they
given a printed list of requirements and a time frame in which
the information needed to be returned to the city, or were they
given verbal direction from several people. She added, this
business could have already been opened for the tourist season
and it sounded as though they had more hoops to step through than
they expected.
Ross answered, administration gave the applicants the Code
requirements for the permit. It was anticipated that would be
all they would be required to do. The influences that intervened
could have confused them, but they were not due to city
personnel.
Swarner suggested some thought be given to permit processing
during their goals and objectives discussions. Council should
consider how those processes could be made easier in order to
help small businesses begin.
Ross stated he concurred. He added, he had visited with the
parties and they did not describe their contact with city hall as
a hindrance in the matter.
(b) Tent Camping - Swarner asked if there had been much use
of the tent camping area and if a larger sign would be placed.
Parks & Recreation Director Frates answered, the usage has been
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 23
moderate and they have collected about $90. He added, a bigger
sign would be placed in the near future.
(c) Wood Sales - Swarner asked Police Chief Morris if the
sale of cut wood in front of Key Bank was legal. Morris stated
he would investigate the matter.
(d) Non -Permitted Signs - Swarner noted she had received a
call from a constituent who wanted to know if they should contact
the state in regard to non -permitted signs and goods which are
placed on the state right-of-way in front of Alaska Ivory.
Kornelis answered, if it was in the state right-of-way, they
would need to contact the state. Kornelis stated he would
contact DOT and inform them of the matter.
Moore - No report.
Measles - No report.
Bannock - Bannock referred to the discussion in regard to
the coffee house application for a conditional use permit. He
stated he read the minutes of the Planning & Zoning Commission
meeting. He asked if the Clerk or council remembered discussions
when the Historic District Board was formed. He remembered
concerns, as did the Planning & Zoning Commission members, that
having the Board would place another level of government hoops to
be jumped through. He remembered that when a situation came up
that would require a determination from the Historic District
Board (HDB), if it fit into the calendar, it would go through the
HDB, but it was not to be kicked back to them from P&Z. He asked
if anyone else remembered that discussion.
Bookey stated he remembered the same thing. He continued, it was
not to become a deterent and slow business and projects down, but
it was strictly an advisory program from the beginning. Bookey
added, he had a real problem with the Board's meetings being held
at 5:30 p.m. Bookey stated, he would have attended the meeting,
but it was impossible for him to do it at that time of the day.
He stated he would like to bring the Board's meetings back to
7:00 p.m. whether the members can make it at that time or not as
the meeting time shouldn't be set to make it beneficial to the
Board members. It is a public meeting and the time should be set
to best meet the needs of the public.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 24
MOTION:
Councilman Bookey MOVED to set the Historic District Board's
monthly meetings at 7:00 p.m. and Councilman Smalley SECONDED the
motion. There were no objecitons. SO ORDERED.
Clerk Freas was requested to write to the Board members and
inform them of the council's wishes for matters of public input
to have the meeting time returned to 7:00 p.m.
Bannock returned to the former discussion. He continued, in the
TSH zone portion of the code, it refers to the "Planning
Department." He asked who it was at city hall who would be the
contact for the Planning Department. Attorney Graves answered,
Marilyn Kebschull was who people were directed to initially and
who begins the process. Graves continued, in this situation, the
Conditional Use Permit application was sent to Planning & Zoning.
Kebschull did notify HDB as a matter of courtesy. The reason the
matter was not sent to HDB was because of the reason they
indicated, i.e. they did not feel it appropriate to delay the
process unduly as council had made it a policy matter that
matters be expedited as quickly as possible. That was why
Kebschull handled the matter the way she did. She spoke with
both he and City Manager Ross and it was a joint decision to
handle it in that manner.
Bannock stated that was exactly what he wanted to hear. He
added, Councilman Smalley showed him a memorandum from Graves to
the P&Z Commission in regard to that. Bannock continued,
Planning & Zoning messed up and messed up bad because they didn't
follow the rules. Because of that, there was now a screw -up that
was requiring a back -and -forth action on the matter. He added,
he tries not to pick on volunteer boards, but he felt this was a
big error and he wanted to send a strong message to the
Commission that this cannot happen again.
Smalley - (a) Smalley reported he would not be attending
the July PZ meetings and Councilman Bannock would attend in his
place.
(b) Smalley noted there was a Bed & Breakfast sign leaning
on the City of Kenai sign on the Kalif ornsky Beach Road side of
the Bridge Access Road. Ross stated, the State would be
contacted as the property was not in the city, but was State
right of way.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 18, 1997
PAGE 25
He added, when the matter was called to his attention, they
checked the maps and the property is just outside city limits.
(c) Smalley requested minutes of Historic District Board
meetings be included as information items in the Planning &
Zoning Commission meeting packets.
Williams - (a) Suggested an elevated platform be placed at
the top of the steps at the end of Forest Drive due to the steps'
nearness to a storm drain. He thought it might be less
hazardous. Williams also noted he was surprised by the people
who do not use the stairs, but instead walk up and down the
bluff, perpetuating the erosion problem. Swarner suggested signs
could be placed that state, "please use stairs."
Swarner asked Chief Burnett why there was a "keep off grass" sign
on the Fire Department lawn. Burnett answered, they had problems
in the past with cannery workers setting up tents, etc. on the
lawn. Swarner requested the sign be removed.
(b) Williams noted the barabaras at the Municipal Park were
at least 150 yards away from where the handicap -accessible trail
would be placed. He added, the barabara at the Park was well-
preserved and suggested a fence be placed around it to keep foot
traffic off of it. He added, it should be protected as teachers
take field trips to the park for their young students to see and
enjoy. An interpretative sign placement by the barabara was
suggested as many people don't recognize what a barabara is.
ITEM K:
The meeting adjourned at approximately 9:10 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1754-97
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
KENAI MUNICIPAL CODE 14.20.160(b)(6)[A] TO SPECIFY ALLOWED BUILDING
COVERAGE OF LOTS FOR TOWNHOUSES IN ALL CITY ZONES.
WHEREAS, townhouses are allowed on certain lots by conditional use permit as set out in the
Land Use Table of the Kenai Municipal Code; and
WHEREAS, the Kenai Municipal Code currently addresses the allowed total building coverage of
townhouses ONLY on lots in RR, RS and RU zones; and
WHEREAS, the Land Use Table allows townhouses by conditional use permit in all city zones; and
WHEREAS, the Kenai Municipal Code needs to address the allowed total building coverage of
townhouses on lots in all city zones in order to be clear and consistent;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC
14.20.160(b)(6)[A] be amended to read:
[A] The total building coverage shall not exceed thirty percent
(30%) of the lot area in the [RR AND RS] C, RR.RR1, RS, RS1. R2,
CC, CG, IL and R zones and forty percent (40%) of the lot area in the
RU and T H zones;
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the of July, 1997.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
June 26, 1997 (sp)
July 2, 1997
July 16, 1997
August 16, 1997
CIT
Y OF KENQ - #
it c9d ea,odal 4 4&aza._
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
a
112
MEMORANDUM
TO: Mayor and Councilmembers
FROM: Carol L. Freas, Ci lerk
DATE: June 24, 1997
RE: HEALTHY COMMUNITIESIHEAL THY PEOPLE
Letter of Support
A letter of support has been requested from Healthy Communities/Healthy People to include with
their application for a $20,000 grant. The information attached includes a sample letter, as well as
a fact sheet to define for what the funding would be used.
Does council approve the letter of support and direct it be prepared for Mayor Williams'
signature?
Healthy Communities/ Healthy People
Box 1612
Soldotna, Alaska, 99669
Dear
We need your help!
Healthy Communities/ Healthy People, in partnership with other communities in Alaska will be
applying for a "Turning Point Public Health Improvement Plan "grant to enable us to continue the
work that we have been doing to promote community health and well being. There are two ways
that you can help us to obtain these funds.
1) Write a letter of support to Healthy Communities/Healthy People at the above address. A fact
sheet about our past accomplishments and our mission is enclosed so that you will have
information upon which to base your support.
And/or
2) Declare your intent to become a Partner with us in our endeavors. Some examples of the tasks
that Partners may perform are:
• Participate in planning for effective and frugal use of the "Turning Point " funds.
• Help develop a Letter of Intent that can be used by the Partners
• Communicate the mission of Healthy Communities/ Healthy People to your organization's
membership and the community at large.
• Help to organize and/ or participate in community health forums and village fairs
• Host mini -forums or classes in your area of expertise.
• Assist in the ongoing assessment of Community Health needs.
• Monitor the activities of Healthy Communities/ Healthy People to ensure that they truly
meet the needs of the diverse population of the Central Kenai Peninsula.
• Evaluate programs and activities to determine their effectiveness in improving the health
of our citizens.
Both of these letters may come from you personally or from an organization that you represent.
We would appreciate having your response by June 25,1997. A stamped envelope is attached to
facilitate this.
Thank you,
wne K. Berger Member. Steering Committee Healthy Communitiesr Healthy People
FACT SHEET
HEALTHY COMMUNITIES / HEALTHY PEOPLE
Village Fair: Coordinated two Village Fairs that provided educational presentations, health screening,
entertainment and a venue for over 140 agencies and organizations. Over 2000 people attended.
Forums: Planned and coordinated three community forums to bring together agency representatives, community
members and outside experts to identify problems and develop strategies to make the Central Kenai Peninsula the
healthiest place to live in Alaska.
APEX: Conducted a borough -wide survey to assess resident's health needs and concerns and to gather and publish
factual information about the health status of our community.
Collaboration: Facilitated communication and interaction among different community groups serving local needs.
Established a framework within which these organizations can work together to most effectively and efficiently
serve the community. Included support of training in mediation, leadership, resiliency, and grant writing.
Monetary Support for community improvement projects: Assisted groups in applying for grants and other fiords
to support their activities. Among these were a PATCH grant, and Ford Foundation Grant. Contributed to the
establishment of a nonprofit community foundation to facilitate local charitable giving and assist worthy causes in
becoming independent of government funds.
Specific programs: As a result of these activities HC/HP was able to support, initiate or otherwise participate in
the development of
• The Youth Enterprise Development Project to help teens at risk establish and manage a small business.
• The Business Innovation Center to help small business during their first years of existence.
• Healthy Communities Info Line as a central source of information for individuals in need of many kinds
of assistance or facts.
• Kids Stuff to address problems concerning juveniles and explore ways to strengthen the communities
commitment to raising healthy children.
• Affordable Housing Facilitate a committee to address the problems of inadequate housing and began the
process of forming a CHDO to solve these problems.
• Affordable Health Care: The group began with this as their goal and continues to explore ways to make
this possible, so that all of our citizens may lead happy and healthy lives.
Most recently (6/9/97), we participated in a Community Health Forum during which we were visited by members
of the National Advisory Committee on Rural Health and were praised by them for the community spirit,
organization and commitment that we have shown in addressing health problems of the Central Kenai Peninsula
MISSION STATEMENT.
The mission of the Central Peninsula Healthy Communities/ Healthy People Steering Committee is to oversee the
collaborative process toward achievement of a shared vision for our future by:
• engaging community members in the process of realizing their individual and collective potential
• providing a communication network and resource clearing house for the study and development
citizen -based initiatives identified as priorities by the community
• providing leadership, guidance and feedback for administration of the process, based on the belief that
Healthy Communities grow Healthy People.
Sample
Letter of Intent
to become a partner with
Healthy Communities/ Healthy People
The Chronic Disease Network plans to become a partner with Healthy Communities/ Healthy
People in improving health and quality of life in our community by:
Providing information to HC/HP about the prevalence and impact of various chronic diseases
in our community
Providing educational programs for community members who have these conditions to help
them manage their illness.
Sponsoring professional education about specific chronic diseases to improve the level of
knowledge about them among health professionals.
Providing speakers to nonprofessional groups so that they will be aware of community
activities that can lead to prevention, early detection and establishment of community
resources to ameliorate the effects of these illnesses.
Signed
Kenai Chamber of Commerce
Wed, Jun 25,1997 834 AM Page 1 of 1
June 20, 1997
Healthy Communities/ Healthy People
P. O. Box 1612
Soldotna, AK 99669
On behalf of the Board of Directors of the Greater Kenai Chamber of Commerce we wish to take this
opportunity to declare our support of the above organization
Since it's inception, this organization has accomplished many needed community projects i.e., The
Youth Enterprise Development Project, The Business Innovation Center, Healthy Communities Info
Line, Kids Stuff, etc. Without these programs, community members would not have had the
opportunity to engage in the process of realizing their individual and collective potentiaL
We would encourage the approval of the Turning Point Public Health Improvement Plan grant in
order that they may continue the services they provide in our community.
Best regards,
Lloyd Johnson, President
Kenai Chamber of Commerce
Board of Directors
To'1Y KNOWLES
SOVERNOR
STATE OF ALASKA
OFFICE OF THE GOVERNOR
JUNEAU
June 10, 1997
The Honorable John Williams
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611-7794
Dear John:
/I r
P.O. Be
Juneau, Alae
(907) 4
Fax (907) 465-3532
RECEIVED
.AJN 13 1997
KENAI CITY CLERK
Your interest and advocacy for the Kenai River continues to make a big difference in
our collective efforts to protect this uniquely Alaskan resource.
In the just -concluded legislative session, with the help of Kenai Borough Mayor Mike
Navarre, City Mayor Ken Lancaster, and area legislators, we obtained authority to
move the state Department of Transportation & Public Facilities (DOTPF) maintenance
site from the river to a more suitable location. This means making sure the land along
the river is used for its highest and best use and is not subject to potential pollution
from salt piles and oil and grease runoff.
We also have directed $1.75 million of Exxon Valdez Oil Spill (EVOS) funding for
design and construction of a Kenai River Visitor Center which will provide interpretive
displays and information on the Kenai River in a central, visible location. Visitors and
residents alike will be able to obtain information on the Kenai River about where to
fish, how to fish responsibly, and the importance of protecting fisheries habitat. It will
also offer educational materials for children. The Visitor Center will house the Kenai
River Center, a one -stop permitting office for activities on the Kenai River, and
demonstrate riverbank restoration projects. This vision was developed by former
Borough Mayor Don Gilman and my Administration more than two years ago and we
are making it a reality.
In addition to moving the DOTPF site and funding the Kenai River Center, we were
able to secure a $1 million appropriation from EVOS settlement money to provide
research money for fish stock identification and habitat protection. In our effort to
ensure that Cook Inlet reaches its potential as the world's finest fishery, this funding
will help determine how best to manage and protect fishing resources in the spill area
so fish stocks injured as a result of the oil spill, or whose health or sustainability is of
concern, can be protected and restored. The level of information on changing resource
impacts is diminishing. We need better information to deal with the complexity and
potential negative impacts on fish resources and their habitats in the oil spill area,
particularly in Cook Inlet.
Over the last two and a half years we have made a lot of headway towards protecting the
Kenai River, mostly with the help of Exxon Valdez funds. Some of our accomplishments
so far include:
• completion of the Kenai River Special Management Area Plan;
• purchase of over 1600 acres of prime riparian habitat along the Kenai River
watershed;
• conducting oil and gas development in a way which ensures protection of habitat
through an open responsive stakeholders process;
• construction of more than 14 responsible recreational access projects at a cost of
$4.7 million to protect the river bank;
• approval of over 95 private waterfront demonstration projects; and,
• closure of over ten miles of extremely fragile areas to protect fish habitat.
We are proud of the work we are doing to protect the incredible resources of the Kenai
River. It takes each of us to make sure the river continues to provide the greatest
number of resources for all users and protecting fish habitat is the best way to do it.
Thank you again for your work and I look forward to continuing our efforts on this
important mission.
Sincerely,
/Zn-o-�4
Tony Knowles
Governor
06-26-1997 11:00AM FROM
TO 190728332
ASH L.EY REEC> ASSOC IAT�
GOVERNMENT RELATIONS ANn PUBLIC AFFAIRS CONSULTANTS
TO:
FROM:
rig
Mayor and City Council
Ashley Reed
DATE: June 26, 1997
Budget Intent Language - Challenger Learning Center
As you know, we were successful in having intent language inserted in the
budget to encourage ASTF's financial participation in the development of the
Challenger Learning Center.
Because the Governor vetoed much of the intent language in last year's
budget, I have been in active contact and have had multiple conversations
with the Governor and his staff to encourage their support of this measure.
Yesterday, I was contacted by the Governor's legislative liaison Pat
Pourchot, and was notified that as a matter of principal the administration
had decided to veto all intent language; however, he did note that the
Governor would be personally following -up with state agencies on
statements of intent that he supported or felt deserved merit. To this end, I
strongly encouraged the Governor to convey his support of the Challenger
Learning Center to the ASTF.
By way of background, intent language has been widely debated as to its
effectiveness and legality. During the Hammond administration, the legality
of intent language was tested in the courts and found to have no legal
standing; none -the -less, the legislature has continued to make their views
known and encourage activity through intent language. They have made it
clear that stated intent language is their position and should be followed
unless an agency wants to face retribution for failing to follow directives from
the legislature.
Naturally, intent language has more weight in an off election year.
.W035"
360 Wes Beason - Suite 200 - Anchorage, Alaska 99503
(907) 562-2560 - FAX (907) .562-2570
06-26-1997 11:01AM FROM TO 19072e33014-01 P.03
Regardless of the Governor's proposed veto, I would submit that our
intent language will have some positive impact on ASTF by making them
realize that considerable legislative support exists for this project. Likewise, I
would strongly encourage the City to communicate with the Governor's
office to seek his support in encouraging ASTF's funding.
Should you have any questions or need additional information, please do
not hesitate to contact me.
I will be out of state from June 27 returning July 9_ Should something
urgent transpire, I can be reached at my folks' home at 301-223-7726.
TOTAL P.03
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, ALASKA /
P.O. BOX 898
ANCHORAGE, ALASKA 99506-0898
EPLY TO
..TTEHTIOM Of:
Project Formulation Section
Honorable John Williams
Mayor of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Dear Mayor Williams:
JUNE 2 6 1997
RECEIVED
JUN 2 7 1997
KENAI CITY CLERK
We have finished a reconnaissance study of navigation and
erosion control problems in the lower Kenai River. City staff
have been in contact with us and have assisted with this report.
I have enclosed three copies.
The study finds that significant problems exist in the lower
river because of congestion of commercial fishing vessels and
limited depths for access to and from Cook Inlet. A dredged
navigation channel 30 meters (100 feet) wide and 2 meters
(6 feet) deep at Mean Lower Low Water would provide 90- to 95-
percent access for the majority of the fishing fleet. Dredged
material could be spread on tidelands to create marsh habitat.
Also, as you know, the city is losing valuable property due
to coastal erosion. There is a clear Federal interest in erosion
control at the city -owned shoreline near the Senior Center. This
reach would require approximately 460 meters (1,510 feet) of
bulkhead at the toe of the bluff for long-term protection. A
well-founded steel sheet -pile bulkhead with splash -proof fill
behind it is estimated to cost $3,051,000 at March 1997 price
levels.
Cost -shared feasibility studies are justified for both the
navigation improvements and the erosion control. Before we can
proceed, however, we must have a non -Federal sponsor to share the
costs of a feasibility study on a 50/50 basis. If you express
interest in sponsoring a study, we will draft a Feasibility Cost
Sharing Agreement and Project Study Plan. The plan will state
the tasks, costs and schedule of the potential study in detail.
You could choose to sponsor a study for the navigation
improvements, the erosion control, or both. Up to half of your
share can be in -kind services rather than cash.
-2-
Please let us know soon if you wish to sponsor a feasibility
study. We look forward to working with you.
contact me at (907) 753-2609 with an y Feel free to
y questions you may have.
Sincerely,
aarL-D. S ormer
Chief, Project Formulation Section
Enclosure
AirporC"an er's Report
July Z, 1997
City Council Meeting
Kenai Municipal Airport
Eaplanements :1
1997 Monthly Enplanements
Month
ERA
SCA
Monthly Totals
Jan
6,585
1,352
7,937
Feb
6,221
1,065
7,286
Mar
6,622
1,216
7,838
Apr
6,205
1,278
7,483
May
0
0
0
. _ Jtm
0
0
Jul
0
0
0
Aug
0
0
0
Year to Date
',---
Sep
0
0
0
Oct
0
0
0
Nov
0
0
0
.Dec . ....
- 0
0
0
Totals
25,633
4,911
30,544
4,911
16% SCA
25,633 84%
ERA
1 284
SCA
-- May 1997 -- 8,386
Kenai Municipal Airport
Enpianements
140
YUTE 2%
7
.BRA t31 O
6.962
1997 Monthly Enplanements
Month
SCA YUTE
Monthly Totals
Jan
535
1 352
7.937
F7oh
,
.065
7.286
Mar
,,n��
? 216
7.33C
Apr
- 5
1.278
7.483
May
3 962
1,284 -140
8.386
Jul
0
0
Aug
0
0
Sep
0
0
Oct
:J
0
0
Nov
0
0
0
Dec
0
0
0
Totals
6,195 140
38,930
* ..NOTE '(llte Stare^_ sennre
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KENAI CITY COUNCIL MEETING
July 2, 1997
INFORMATION ITEMS
1. 6/18/97 Kenai City Council Meeting "To Do" List.
2. Michael J. Anastay Retirement Announcement.
3. 6/97 News & Notes from The Kenai Visitors & Convention
Bureau, Inc.
KENAI CITY COUNCIL MEETING
JUNE 18, 1997
"TO DO" LIST
KPD - Remove basketball hoops placed on city streets.
Investigate wood for sale in front of Key Bank.
CLF - Send letter to Historic District Board notifying them the Board meeting time has
been returned to 7:00 p.m. (instead of 5:30 p.m.).
MK - Include copies of Historic District Board meeting minutes in PZ packets.
KFD - Remove "Keep Off Grass" signs from Fire Department lawn.
No.. -
Mike A-nastay is retiring I Come join us inITIng
wishing him well and thanking him for over 20
years of service to the community)
Anyone who would like to make a presentation or
willing to help with food, pleise call Lorraine,
Gayle or Chris at Kenai PD 283-7879.
0
Board of
Directors
Executive
Committee
Ron Marton, President
Mdston's Inc.
Diane lofstedt, Vice President
Horborside Cottages
Sandra Vozar,
Secretary/ireasurer
Beluga Lookout R.V. Park
'rectors
arias Bookey
(liaison from City of Kenai)
Overland RV 8 Gifts
Fred Braun
Fred,Broun's Lakeside lodge
Rebecca Godek
Corporate Express Aloska
Will Jandg
Beaver Creek Hideaway
Marion Nelson
Pickle Hill Public Radio
Ron Ramey
Immediate Past President
Ron's Alaska lodge
Louis Schilling
Uptown Motel
Mona Sim
'A Aviation
Rita Smagge
Kenoitze Indian Tribe, IRA
2 Meetings & Conventions Support Reduced Kenai Maps Have Arrh
-3
New Kenai Brochure Calendar Of Everts 3 Tourism infrastructure I
Hellos & Good -Byes Two Board Sews Open 4 Museum NL___ _ ...a...... .
5 New Members Visitor Statistics Member Renewals We Need Your Brochures
WL Accommodations Book Meetings/Cori. Portfollo 6 Ferry Service To The
West Side Of Cook lnle
Visitors &
Convention Bureau, inc. _
News 8 Notes from The Kenai Visitors & Cuhurol Center • 283-1991 • Fax: 283-2230 • June Issue 199
RADIO SPOTS REMIND US: `BE KIND TO VISITORS!"
e hope you heard one of the visitor awareness radio
spots which aired on KPEN/KWAVE between May 19-
30. The professionally produced spots were acquired in
1996 by the KVCB from Ravensong Recording in a cooperative
marketing program with other CVB's around Alaska. Each cony
munity received its own tag line at the close, "This message
brought to you by (fill in the name of the convention & visi-
tors bureau).' -
The humorous 60 second spots featured a woman waving
to all the tour buses and visitors in town with the words,
"Hello, Welcome to Kenail." The spot continues with a local
police officer who wanders what in the world the woman is
doing. She tells the police officer why she's personally welcom-
ing the visitors by taking about the importance of the visitor
industry to the local economy.
At the end of the spot, listeners hear the voice of the
policemon who also starts waving and cheerfully greeting the
out-of-towners with the words, "Welcome to Kenail."
The spots were targeted for the Memorial Day holiday
as a gentle reminder to residents that we should "be kind"
to visitors.
BUREAU HIRES NEW EXECUTIVE DIRECTOR
K"espo
th"Tarr was hired as KVCBs new Executive Director in
teil and officially took over on May 5,1997. Tarr is
nsible for the overall management and operation of
the Kenai Visitors & Cultural Center, development and imple-
mentation of the Bureau's programs, and formulation of the
meetings and destination marketing plans for the City of Kenai.
Tarr has a diverse professional background in non-profit
management, marketing, and small business. From 1987-
1992, she worked for the Alaska State Chamber of Commerce
as Vice President in charge of the Anchorage regional office.
While at the state chamber, she was involved in many
statewide economic development issues, including tourism
promotion.
Tarr has been an Alaskan resident since 1978 and has
Fired in Yakutat, Sitka, and Anchorage. After, relocating to the
Kenai area in 1992, she worked as an account executive in the
advertising and public relations company, The Eriksen Group,
and was on the project team which designed and wrote the
1994 Kenai Peninsula Vacation Planner for KPTMC.
For the past three years, she has been self-employed as a
project manager in her own small business, The K Company.
Some of her clients included the Kenai Peninsula Borough and
the intemorional trading company Alaska Russia Company.
Tarr holds a BA in Communication Arts from the
University of West Florida and has completed graduate work in
the Master of Public Administration program at UAk
y the time you read this issue, faniter.Fxeadfi
Oitedor, Iu rt 8both, A be settled fri k now,home in
' llrxhorage with husband John urn"bat>1( Bator.;
��(s due date was June 181h.). IGn offida�y left her
p -On at the KVCB on May 5th, butst' on the
esi'4-May to,t* with the transitia - all wisft IGm shE
be of luck in her new life. Kies maillitgddress is:
17601 Rosemont Drive, Anchorage, AK'99516, if,you won
tq�4 - her a hne. No matter what visitor i dislry,trail. Kim
finds herself on in the future, we know she'd continue to be
o}6Tg promofei of Kenai.
Theinks for all your dedication, Kim.
CITY OF KENAI
REDUCES MEETINGS
& CONVENTION
SUPPORT
or the past several years, the KVCB has received
a $25,000 year grant from the City of Kenai to
help support the meetings and convention pro-
motional program. It was recently announced that
KVCB would receive only $10,000 from the City of
Kenai in FY98 to help implement its meetings &
conventions marketing pion.
"I'm aware of the tough decisions the (ity
of Kenai has had to make this year," said Kathy
Tarr, KVCB Executive Director. "There's been a
downward spiral in the amount of dollars flow-
ing from the State of Alaska to cities under the
municipal revenue sharing program, and Kenai's
sales tax revenues have reamined flat. Both of
these factors have had a big impact on the city's
budget."
All is not "doom and gloom" for the meet:
ings and conventions program, said Tarr. "We're
taking a close look at how we've been market-
ing Kenai as a meeting place for small groups
and conferences. We hope to build on our past
successes but we'll also develop some fresh
approaches in our marketing efforts."
Some staffing changes have also occurred in
the meetings & convention program. Susan Heft,
KVCB's Manager of Meetings & Conventions, left
the Bureau this spring to assume her new duties as
the Congressional Representative for the Kenai
Peninsula. KVCB board member Jerilue Seekins
has temporarily stepped down from the board to
coordinate meetings and room rentals at the
Visitors Center. No permanent staff decisions will be
made in the meetings & convention program until
late summer.
UPDATEsRrr
eminder X I no (onr.i es t ost
Office Box number. When you correspond
with us, please,use our physic address.
' 11471 Keno Spur H'thway.
'. Kenai, Aldska
E010address:'k`i
kvcb@alaska.net -
KENAI PENINSULA
MAPS -- WE'VE
GOT 7NF.M!
Tv
e 1997 Visitors Maps on the Kenai Peninsula
were delivered to KVCB on June 9.
Organizations participating in the distribution of
the 1997 Visitor Maps were: Homer Chamber of
Commerce; KVCB; Seward Chamber of Commerce;
and Soldotna Chamber of Commerce.
The maps are traditionally used in the visitor
information centers at the above organizations and
given out for free. KVCB is able to supply its mem-
bers with some maps upon request but only in Jimit-
ed quantities.
DOORS ARE OPEN
LONGER!
xpanded summer hours for the Kenai Visitors &
Cultural (enter are:
Mondays -Fridays, 9 a.m. to 8 p.m,
Saturdays & Sundays,10 a.m. to 7 p.m.
Please recommend the Kenai Visitor's Center to
c l your guests and clients, and don't forget to rec-
ommend a stop here for your own visiting friends
and relatives, too_
`wig '"• 'es'• : ; i;:[fr.
a.m:A-A.4 i
dale 27.. Opening...
.Ilnnual Kepi
.rr , WM1l
X2,
26, KV(B Boaid
Idly a top
IWIIW.iL7IV{'
:: ` feotirrirfg Jeclm;& :.. .
.-lime, 1. -0.1 ID365
}` for information. '��
39 Y 3 �' � 7
"DO IT ALL FROM ALASKA'S CITY OF KENAI"
y r
-- NEW AD TIME, NEW BROCHURE -
CB is proud to announce the brand new City
of Kenai brochures have finally arrived! The
color, four -page brochures are great addition
to our Kenai destination marketing program.
The brochures were the brainchild of former
executive director, Kim Booth. The idea behind the
brochure's design and theme, according to Booth,
was to market the City of Kenai as a place to begin
when exploring the entire Kenai Peninsula.
"We really wanted to advertise the fact that
Kenai can be used as the home base," said
Booth. "The do -it -all from Kenai theme was a
way to send this message!
The brochure includes_ a city map ando penir
solo map and is chock full of beautiful color photos
for several local photographers.
- The brochures will be used in visitor services
fulfillment and will be distributed to other CVB's and
members in the Southcentral Alaska area and points
beyond. The brochure will also be used in the meet-
ings & conferences marketing program as a
piece publication. Congratulations to Kim ano
Kevin Hall at K&H Graphics for a job well done.
2 Kenai Visitors & Cultural Center June 1997 Issue
. NEED FOR MORE
TOURISM
INFRASTRUCTURE
,< _AMED TOP
PRIORITY IN KENAI
Athe City of Kenai's Economic Outlook Forum
held April 26,1997, the approximately 100
articipants heard economic briefings from key
community sectors and received an overview of the
city's finances. According to the forum's final
report,
'Tie forum provided the means for the
city to assess citizen priorities about its
role in economic development. Based
upon the results from forum partici-
pants' ranking of priorities, the city can
conclude that their proactive involve-
ment is encouraged in these specific
areas.
The two top priorities of identified by
forum attendees were: 'Asset in the
development of infrastructure to pro-
mote Kenai as a year-round destination
(including late night flightsY and
'Fostering continued oil and gas devel-
opment in the Cook Inlet."*
TWO BOARD SEATS
CGS �l
ere are currently two board seats open on the
Kenai Visitors & Convention Bureau board of
directors. Al KVCB members are eligble to
serve on the board. Regular board elections occur in
December, however, appointments can be made to
fill the two vacancies due to the unexpired portions
left in the terms of Frank Fiala and undo Cutler.
If you are interested in serving on KVCB's
board from now until the end of the year, please
-tact the Bureau as soon as possible. Names will
.tu be submitted to the KVCB Board of Directors
which must approve all temporary board appoint-
ments.
.NEW FACES AT THE VISITOR FAREWELL TO FRANK EIALA
SFRVIC.ES DESK CB Board Member and.,* president, Frad.
Veose extend a warm welcome to our part Fiala; left hiis six -year post asManagement::'
time, summer visitor services information assis istant of lake Clark Nabial Park and r;
toil Soh a Warner Davy Hou lum Car Preserve in June tom- hey fux� 1 •. - hi nY g ey early I!c!!r..E
1tie_ mon,'Anna WForun, and Paulo Standefer. A bete Superintendera of 11ie l eetiaw q;
x r :Sahrrya'S background includes working as a Nattorral mbik Park in upper A It;,bdN Aw
`'060oriist in a veterinary tfiruc and she's a[so water from Houghton; x r r "
spent time in Honolulu working in jewelry so es.e
. � 1
David is entering his senor year at Soldotrra High yFbja's forwarding address
-Sifhool am is a hurripet player ond'a member of Keweenaw Nation! Ifs
the varsity 16aetbai team. This� Corey's secor L�r 1.,P0 Box 471
swnrnei v�orkirrg tthe Keni Visitors 8 Cultural, .,100 Red Jacket Road
'She's been otten�g Seattle Ilniversdy Cahrmet, Mkhigm 49413
.mM gm w,up at Kas�of. Aria is planning to.attend
.;irght Academy Ndciski fa her sopharnore yeprfice phone: 906.33731 b8T.
:#iis f She was a manger for the NikW High11
t?
dariie troupe and has vohrnteered inher ,.; .. • . � e • sdiie�ufedm �"� " a rma � . .
Kenai offue of the !a$e ddtfc Natiarml
� ,w. rfishcig garde business Parrle aHo joins Preserve is pe. ,
#gt'he secard summer in a row. Paula lives in i"�;F.:,•
r>mtty by Year's end. The Ari�horage off; ,.: .
Kelm s monied to a commercial fisherman. She's . :: •:'"'" `�
2713751, WWII
;heard a tremendous We rn vrsiteorservires.
: ,
40�L111 FE R.SN nffY'RE STAFF iIPnATE, ,
cam. ur C Center vakrnteeisore w& infu8 e'te leased to hnye nd " on
swing, Wilcome f zEvei h Boulette, Dorothy as our interim pastime,
tents; Ma Dimmick, and Donna Condon 4 � � < -� aced H "Huebsdi va`[et the Bu;
yro are danating.tfreir time to us for the ilrird year. iiia#e March.. Dun s ifie rue ossts
;flh: dso have Story Coulson, Oder Stan Larson, and ` �ifand bookkeeper fa.t'e' Offers > '
'Wei Mark Peterson as new recruits'and we're : B�ebal(C1ub, Inc:f ..>
10 have.ifierrr a ; ' `l, R' ax'�^a! t':�,.;,feY 8.. N.Y. r°1 .•�P'rc" __ ..
We ere in secid'of Orly imembers wand:
A to donate their services,.... .. ' ,, :. _R�.._. _ , a ;':• ' .4-
�.� 1 k.. , ,tat,
day "^!''► VOLUNTEERS.7a�tlu ■F'� '? `
. ... i.
{meI ' is krdcpng, tours;TIFY THE etc, ,� =Ya
UIL
ar volunteer reward pro- ` ING Exeayrtn�re�D�u�r'
0 •.big thanks1 Lz lyni1111111CW1 SQ a.i�ia4
•
�46 X
gape to : 9r(t'ro� .�:r
ahmteeis write donated ser "°� 1 B' ' ' (Interimf "
laces as a"of Sayltfg " �
A. for suppoiting the Kenai 1 Beautification ' 1'''"' '
nrs B Coitu<_ M"gei�f .Cduiafron
1 1 1 Veronica;
i �....,: '., .
flaw'them to Piave ,
a.�real utt�, " Our V�r $eri6ii Caardintar
A6on experience beds.
writfi our v mble members. "?gardeners had a 1 U help and
k: #'re interested in con-' Vaita Seiviies llssistartit:"''
. 111 1 11
W%IC
City
tli�rrterg, pfedse c�1 Cearra' •, jurgero Brstam `�'t,
.1 1 1 • a
,ilSltor $BrvICeS ,z 1 a.1 1 of
Booldc"M
=t natorat28M991.�em.
ill� '
411't
June 1997 Issue Kenai Visitors & Cultural Center
DISPLAYS
Nichil
A nichil (also known- by the Russian term
barabora) was donated to the Kenai Visitors and
Cultural Center in May. The nichil was con-
structed by Sid Cox, a seventh grade Soldotna
Junior High School student, and is on display in
the cultural history room. Sid built the model
under the direction of his teacher Charlie
Stevens using Cornelius Osgood's publication
"The Ethnography of the Tonaina" as one of
his references. It is a scale model, one inch to
one foot, and is an excellent example of the
homes built years ago by the Deno'ina people.
It is an accurate, informative addition to the cok
lection. -
EXIMITIONS: —
Earth, Fire & fibre XXI
Earth, Fire 8 Fibre XXI Exhibition has been
packed up and shipped on to Fairbanks._ The
"thank yous" that are due are many.
Michael and Marilyn Dimmick were the
generous sponsors for the Earth, Fire 8 Fibre
XXI Exhibit and helped bring the show into- the
center. Community voluriteiers helped tremen-
dously in both the setting up and dismantling of
the show. They are: Betty Ames, Lbby Berezin,
Nature Walks & Feld Identification
Patrick Monroney will be leading gu&
nature walks every Wednesday from 10:00 am
to 1:OOpm. During the three hour walk, Patrick
will discuss the history and archeology of the
local area. He will ado assist in flora and fauna
identification induding edible and medicinal
- plants. The walks are open to the'community
as well as visitors; they start on June 11 th and
wig continue throughout the summer every
Wednesday. Fee $20.00/ person for the three
hour walk.
Birch Bark Basket Making Workshop
Patrick Monroney will be teaching another
Evelyn Boulette, Helen Brown, Loretta Eaton,
Elder Larson, Elder Reynolds and Paula
Standefer. The Earth, fire & Fibre XXI_ drew
hundreds of visitors to the center, residents and
taunts alike. The school groups enjoyed the
odd& of EFF to our permanent collection and
exhibits. We had a 5th grade class do repre-
sentations of some of the entries and were put
on display in the AN Room for a month.
Kenai Peninsula Photography Guild Photo
Exhibition
The Kenai Peninsula Photography Guild 1st
Annual Summer Photo Exhibition is scheduled to
begin Friday evening , June 27th at 7:00 PM
with a small reception/opening for artists and
community members. The exhibition will hang
in the Cultural Center until Thursday, August
28th. The show is focusing on images of the
Kenai Peninsula, but is limited to those images
taken in Alaska only.
Alaska WILD/ 91
The traveling - juried photographic exhibit
Alaska WILD/ 91 wig' be at the cultural center
from October through December 1997. The
exhibition was juried by Kennon Ward, national-
�Y known wrldlTe & nature photographer. 33
series of classes in birch bark basket making this
June. The birch bark basket making workshop
begins on Thursday June 19th at the center. It
a a fair session workshop that will meet on
June 19, 22, 24,and 26th.- There will be a fee
chaiged for the class.
Solstice Storytelling by Paul Sugar -
Paul Sugar, an educator and storyteller from
Bethel will be presenting "A Solstice
Storytelling: Stories of Alaskan Ndtive
Cultures and Other Traditional Stories " on
Monday, June 23rd from 6:00 to 7:30 p.m. at
the Kenai Visitors & Cultural Center. Mr. Sugar
has been collecting and telling Alaskan Native
photographers participated with a total of 11
images submitted to be juried. There is i
rental fee on the show, we need to a
one-way freight charges to Anchorage. rI
show was well received last year and I he
asked to become a regular venue forihis tray
ing sir. -
Mountain View Elementary Masks
Two fourth grade classes from Mountain Vie
Elementary School are�isplWng therema5
in the AN room for the summer: 4-is---a gre
way to showcase student work that isiebted
notive studies, while ado encouraging ma
community involvement and visibility.
j
Girl Scouts 85th Anniversary -Quilt'
The Girl Scouts 85th Anniversary Quilt is i
ctrsplay in the AN room for the summer. Tl
quilt was designed and sewn to celebrate f
85thyear of gid scouting in America., AN f
gids of the Kenai Peninsula, ervice 1.16iitporti
pated. Each troop is represented -by
square, and each parficipaint has�th, ,
name patch on the back The project took fc
months -to complete and includes the old ai
new girl scout promises and laws. � -
stories for the past thirteen years and 6 hi
the opportunity to present these stories aroui
the state, Canada and in the Lower 48. He h
been involved in Duma Theater in Faubon
and in Spirit Theater irrBethel where -the ston
are performed with full,cas15.
This program is free and open to all.
School Tours
The Kenai Visitors & Cultural Center. w
pleased to host 1336 students for the schc
year of September '96 through May
knge percentage of students were from . ,i
area with special school groups traveling to t
center from around the state, the "Lower 41
4 Kenai Visitors & Cultural Center June 1997 Issue
and from Russia. The Cultural Center is commu-
nity resource that is convenient and accessible to
the educational community and the children
they teach, and it is beginning to be utilized as
such.
Docent Program
Kenai Visitors and Cultural Center wants
you! The Cultural Center is looking for An -
tears that would like to partidpate throughout
the year in a docent program for the cultural his-
tory and widlife rooms. The volunteers would
provide interpretation for our various exhibits to
student and tourist groups, as well as individual
visitors. If you are interested in that type of 4
unteer effort, please call Veronica at the center.
Kenai River Posters
The Nature Conservancy, waking with a
number of community organizations, completed
the educational Kenai River Poster Project and
now, has the posters available for sale. °Larry
6fert was commissioned to point a 4' x 7'
mural of the Kenai River to show, in a
Npointerly" way, the complexity and abun-
dant life that shares the landscape with
humankind." The posters that were produced
from the mural are available for sale at the cen-
ter for $15.00. On the back of the poster, the
different species that appear are identified and
listed bilingually in English and Dena'ina. A brief
overview of the Kenai River and oil the compo-
nents of the system are explained.
A.. dim venson Midae1 flimmick ;r
,k.• ,,,.:,,..,Fad• ,.. -
M Vice,Presldent ry .
166 Mndorf ' iarre'Hall n
Sashi'lUi4ert Huhadorf
RA AL
. , ..•f. � c"Ropy knei'
i
Nancy Fgbert ' tis;_
..OKI takilodcers
;."l;ijr t��'♦ J * 1 Y)FL ,�rR., Swr n } ,w Y�t�rr •sn "10.�
Ica }lavenBed 8 Breakfast � firma Best �`�` "� y `•
, fy, ;�.. Jy , ,. ' 1. blr 'x � `Tit Ari�.J♦i.
Atka Seau'vatdrorrrg , ]udit udsan : , ..�
•:y pi Trn r,<y.� f.>4
l4 Rang BBB, Ca ins,:RY,Spaces , Caiirot & toanne Mar in tA
• �Tr..•'�UItli1.N� Nh' ♦ .. y •.NIi/ NU 4N a ((.Y A "n�
►MN. r ry{�/�\.pa a�{3/��■}��`1y��t '" � Ij� R♦'1 u��.�.` a+.tw N'�' .+xbryJ'iay,.�r�,, r3l�
ffW�aY.e/wnrw IS IYIIW ' i , IYIIY�I�MIu jj[.j1iC ',1 7
7 R �:..�.,� a .�•, •q�,,.i.sr ufta�u�t n.iReJi �1 J
�Wai`@( l:zpedrtron5 Jeff & Tarn kmes
7, .. .,' J •�,��,�• R �y, �'' �eE<r 'tiY� �•
b.11 ail n Icl)al! i7i7gjV„'i7 +J� r 1 R� 'N• 1 r y,• „ `y
' y� p•,. 4 J•� •A •, Mx p it ♦i ®Tl.icT}j(y� n i il• '4
FCSiur�A�rerifrues 1 5 �; �' Fonda Faster . :. .
�: <r.•u_
;R:ICLL. .�...3 .r wSA -.7.2*:w.•.f..'c�..e,....l.i,�..
The Visitation numbers through the Kenai Visitors tenter far April were 3,842.
The to6 for May. 5,314. _
Year-t -Date totd:13,860
T'h-wJ,�J�4 J ' ""r, , r'y+rN , ¢ -�'+�, Th� ..� v m' 3,y�AJ=.•
1 '£,'Mk _" T a �, iw:Vl� A"e 7►iAOY �•.
T{NWfa 1 "4
Ovr s assoaafian �� -.n. :lunar ga VB'r"ea � ti
.,. 1 `JNn„Ar4 p. A f#r•;3J.—`9'Y'1 fis cam+ Yk 4 • ast4
. creek Cabers ry`�� ` _ Nortfshare Company,`� Y Y
�t u�.Shore Motel �kA5
$ IJelt fled &11�
ice �(ed Doge ." �or"giriere lure' B
_heaver Creek Hideaway'; erry S rvic N 1
inlet F e e t�"
�:�+ai„'s. .�a•-._ •.,,. Ji•.+.:..-, ...,...'..,.._,.,.+'`��—v,nw•5. ,•. - .. .��.'• ' °ry'.�.,E-t..••
Brochure Information Accommodations
Book r_ _
our brochures are a very important part of your
membership with us. We had over 63,000 vis-
itas through the Center from May through
September lost year and most of them spend time
looking though the brochure racks. Others come in
to collect them to send to friends and relatives who
are planning to visit.
We have a system in place for reordering
brochures from our members. Members will receive
a brochure request card from us when your supply is
W. Please respond to this as soon as possible.
Thank You!
0 ur accommoda-
tions book is
being used by
the visitors now. It
has been a great
help finding —�
accommodations
far them. If we don't have your photos or
you have new photos, please bring them in as soor
as possible and check out our book.* -
June 1997 Issue
Kenai Visitors & Cultural Center
NEW COMPANY INAUGURATES FERRY SERVICE
TO WEST SIDE OF COOK INLET
e City of Kenai takes on a new role as the
T
visitor's gateway to the West Side" with the
nauguration of the Cook Inlet Ferry Service this
summer. Passengers will board Cook Inlet ferry
Services from the dock in Kenai for a 2.5 hour ride
across Cook Inlet in a lanrling craft owned and oper-
ated by Cook Inlet Ferry Services. According to Tom
Wilkinson and Doug Chaffee, partners in Cook Inlet
Ferry Services, the West Side of Cook Inlet offers
tremendous opportunities for bird watching, bear
watching, sport fishing, fining, and unsurpassed
wilderness sightseeing.
The company will transport passengers to their
beachfront landing area just three miles from the
Kustaton River. They also plan to have vans avail-
able in the 'Vest Side to transport passengers to the
Kustaton and McArthur Rivers. This summers marks
l L 966 AV '!oM
LZ *ON t!uliad
ON
96aisod -S'n
the pilot season for took Inlet Ferry, but Wilkinson
told the Bureau there's already a lot of interest in
this new service. Round trip cost per person is
$100. At present, Cook Inlet Ferry will operate six
days a week but scheduling trips across Cook Wet is
tide4pendent. For more information, contact Cook
Inlet Ferry Services at 283-9766 or 262-5284.
11966 W
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JULY 2. 1997
CITY COUNCIL MEETING
PUBLIC WORKS DIRECTOR REPORT
=V Dunes Project -The city has received approval from the Kenai
River Center and the Corps to enlarge the turn a round at the end of
the beach road. Unless the council objects the city crews will enlarge
the turn a round.
L f,
✓� I wrote a letter to DOT drawing their attention to the signs, wood
furniture, and pallets in the state ROW near the old Kenai Supply and
requesting something be done to clean up this area.
IJ The DOT area planner Pat Beckley has retired. Murph O'Brien,
wh used to be our planner is returning to work in this position.
I am working with Bob Frates on how to handle the approaches
to the stairs at the end of S. Forest Dr. We received a quote today for
a platform at the top which we feel can be lowered by some in house
work. Should have something for council at the next meeting.
MAYOR'S REPORT
JULY 29,1997
COUNCIL MEETING
CHANGES TO THE AGENDA
CONSENT AGENDA
REMOVE FOR CORRECTION: E-1, June 18, 1997 Council Meeting Minutes
REQUESTED
BY:
Correct 6/18/97 Council Meeting Minutes by adding the following at Page 5, immediately following the
first paragraph (end of discussion on Item C-2):
VOTE:
Bannock: Yes
Bookey: Yes
Measles: Yes
MOTION PASSED.
Smalley: Yes
Swarner: Yes
MAYOR'S REPORT
Williams: No
Moore: Yes
1791-1991
CITY OF KENAI .
W Capkt o f 74la&d
FA.X
TO
FROM
210 Fidalgo, Suite 200
Kenai, -Alaska 99611-7794
Phone 907-283-7535
Fax 907-293-3014
Date
Number of Pages
1791-1"l
CITY OF KENAI .
W Ca pat o f
.� �.
TO I
FROM Cho ��rQ 5
210 F idalgo, Suite 200
Kenai,.Aluka 99611-7794
Phone 907-283-7535
Fax 907-283-3014
Date i a -7 / � 7
Number of Pages
- M
B.
C.
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JULY 2, 1997
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.Kenai.net/city
SCHEDULED PUBLIC COMMENT (10 Minutes)
1. Rita Smagge/Ronald Petterson - Kenaitze Indian
Tribe/Municipal Park
PUBLIC HEARINGS
1. 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.
2. 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.
1. Consideration of Ordinance No. 1751-97.
b. Consideration of Substitute Ordinance No. 1751-97.
3. 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).
4. Ordinance No. 1753-97 - Increasing Estimated Revenues
and Appropriations by $2,500 in the General Fund.
a. Motion for Introduction
b. Motion for Second Reading (Requires a Unanimous
Vote)
C. Motion for Adoption
5. Resolution No. 97-44 - Supporting the Alaska Statehood
Act and Its 90-10 Provisions Regarding Oil Royalties.
6. Resolution No. 97-45 - Requesting Safe Communities
Funding From the Department of Community and Regional
Affairs.
7. Resolution No. 97-46 - Approving of a Contract to Blazy
Construction, Inc. for the Project Entitled, "Kenai
Animal Control Shelter - 1997" for the Total Amount of
$598,650.00 Which Includes the Basic Bid and Additive
Alternate No. 1.
8. Resolution No. 97-47 - Awarding a Contract for
Construction Inspection Services to Kluge and
Associates for the Project Entitled, "Kenai Animal
Control Shelter - 1997" for the Total Amount of
$19,220.00.
9. *1997/1998 Liquor License Renewal - WITHDRAWAL OF
PROTEST - Kenai Joe's/Beverage Dispensary.
Additional information can be found at http:�fwww,Kenai: net city_,.
The public is invited to attend and participate.
Carol L. Freas
City Clerk
KENAI CITY COUNCIL MEETING
July 2, 1997
INFORMATION ITEMS
1. 6/18/97 Kenai City Council Meeting "To Do" List.
2. Michael J. Anastay Retirement Announcement.
3. 6/97 News & Notes from The Kenai Visitors & Convention
Bureau, Inc.
KENAI CITY COUNCIL MEETING
JUNE 18, 1997
"TO DO" LIST
KPD - Remove basketball hoops placed on city streets.
Investigate wood for sale in front of Key Bank.
CLF - Send letter to Historic District Board notifying them the Board meeting time has
been returned to 7:00 p.m. (instead of 5:30 p.m.).
MK - Include copies of Historic District Board meeting minutes in PZ packets.
KFD - Remove "Keep Off Grass" signs from Fire Department lawn.
COUNCIL
mi
ITEMS
CC 7 ,eK
4,ot
DEPARTMENT OF ADMINISTRATION
DIVISION OF GENERAI SERVICES
June 12, 1997
The Honorable John Williams
Mayor of the City of Kenai
210 Fidalgo Ave., Suite 200
Kenai, Alaska 99611
Dear Mayor Williams,
TONY KNOWLES, GOVERNOR
2400 VIKING DRIVE
ANCHORAGE, ALASKA 99501
PHONE: (907) 276-3320
FAX: (907) 278-0352
In September 1996 the Division of General Services issued a Request
for Proposal to lease office space which would house approximately
16,000 sq. ft. of combined Department of Labor, Health and Social
Services, and other offices that make up the One Stop Employment
Center. The proposal required the office be located in either the
vicinity of Kenai or Soldotna.
Proposals were submitted by three firms, all of which were determined
to be non -responsive and rejected. The agency still requires the
space and we expect to solicit these same firms through a revised and
expedited proposal process.
If you are aware of potential proposers that could furnish space to
the state to meet the requirements of the proposal, please provide
their name and address by June 23, 1997 so we may contact them
regarding this solicitation. In the event no other names are
identified which are interested in proposing, we expect to expedite
negotiations with the three offerors under a Limited Competition
Procurement in accordance with AS 36.30.305.
You may fax the names of potential proposers to Vern Jones, Chief
Procurement Officer at 465-2189. If you have questions regarding the
proposal or our efforts to acquire space for the One Stop office
consolidation, please contact Vern Jones at 465-5684 or me at 276-
3320.
Sincerely,
Dave Cechowski
Contracting Officer
cc: Vern Jones
Chief Procurement Officer
RECEIVED
JUiv
Mr. Mayor: 15 May 1997
KENAi Ci T Y CLEF_.
I left Alaska six years ago with a story. A story that we live, and others
must know.
Nowhere in the Unites States, other than Kenai and The Peninsula, has
such a rich history that can be told first hand. Moreover, this history is
layered with a unique multiculturalism and fascinating lifestyles. The
Native American. The European. The Russian. And the Americanization
that is the confluence.
6L
Seasons cycle. And when summer comes to Kenai, people arrive from all
over the world. Some fish the River. Families and friends converge to farm
the Inlet. Tourists wind through (some, I'm convinced, never to leave their
camper shells). All types hired to work the fish processing lines. Many are
content reveling in the Northern Nights. And everyone has a perspective
-
a relationship to this history and culture.
You must agree that the story of the Kenai Peninsula is saturated with
universal implications and reflections. So, this is the story I have —that we
have. The story of Kenai and her summer. The story that must be told.
I moved from Kenai (I still fish the Inlet each summer), to produce film and
television. Currently working in San Diego as a freelance and independent
filmmaker, I have worked on a number of projects and met numerous
people in the film and television industry. Many are intrigued by the story I
am describing, but verbalization only gets us so far.
The goal is to take this idea (our story of Kenai and The Peninsula)
and turn it into a tangible product —a broadcastable segment for
television. I have discussed this project with some receiving this
correspondence, and with others, I have not. Nonetheless, now is
the time to realize this endeavor.
r
Y
Although I do not know your interest in this project, I need your y
assistance. The production demands a limited amount of equipment
and services during this summer. We need to network r
U
to secure the resource for this project.
LO
N
cr
C
Q N
N
L
o m
X C
m CV
> o
c `
m C cc
A cinematographer, editor, sound designer and other professional support
have been committed in Los Angeles.
Although I will follow up verbally upon your receiving this letter, please Teel
free to contact me to discuss this project. I can be reached (most readily,
and preferably) at 619-229-9322; or at P.O. Box 151062, San Diego,
California, 92175.
Cordially,
Randy Chaiawsky
P.S. Summer is coming!
cc: Pat Dixon and Veronica Kessler
Jeff Jefferson
Jennifer Jolly
Joe and Gypsy Jolly
Betty Nelson
Bill Nelson
Lance Petersen
Dennis and Linda Swarner
Mike Shupe
,John Williams
06/ZS/97 17:07:80 Via Fax -> 907 283 3014 URGENT ACTION NEEDED Page
-802
d�
M"
June 25, 1997
SPECIAL ALERT
To: NLC Members
From: Don Borut, Executive Director
Frank Shafroth, Director, Policy and Federal Relations, NLC
Subject: ALERT! ALERT! Lobbying Against S.442 the "Internet Tax Freedom Act"
ALERT! NLC is calling on all CITY OFFICIALS to immediately contact their Senators to urge them to oppose S.442, the
"Internet Tax Freedom Act" introduced by Senator Wyden (D-Oregon). The bill, which would bar state and local
governments from taxing all Internet and online transactions would create an unfunded mandate for state and local
governments in excess of $50 million. The Senate Commerce Committee plans to act upon and report the bill to the full
Senate tomorrow, Thursday, June 26, 1997. It is imperative that you immediately call your Senators and tell them to
oppose S.442 and to put off the mark-up of the bill until there is sufficient time to study its impacts on state and local
governments - especially on existing revenues incoporating in current balanced budgets - more closely.
The stated purpose of S. 442 is to impose a two-year moratorium on special forms of state, local and federal taxation of the
Internet and on-line services and commerce conducted over such networks. The Act has been introduced in response to the
perception that states and local governments are enacting, or may enact, new tax levies which will impose economic and
compliance burdens on the industry. The bill as written, however, has impacts far beyond the stated purpose. The primary
myths and realities for municipalities are:
• Myth: the bill preempts no existing taxes vs. Reality: Preemption of tens of millions of current taxes:
Despite claims that the bill would only apply to taxes enacted after the date of federal enactment, the bill includes
no language to 'grandfather" or limit the effect of the hill to new taxes. The bill would preempt existing
municipal taxes.
• Myth: the bill would impose a two-year moratorium on state and local taxes vs. Reality: Permanent
preemption of state and municipal authority: Sen. Wyden and others have talked about only a two-year
moratorium of state and local taxing authority, but the hill contains no language setting a date certain on which
the moratorium would end. It is an open-ended moratorium, with a requirement for a commission to report
findings to the Congress within two years of the bill's implementation. Any modification of the preemptive
moratorium would require further Congressional enactment.
• Myth: the bill would grandfather existing taxes vs. Reality: Broad preemption of municipal and state
taxes: The bill would not, as claimed, apply only to new or special taxes imposed on the Internet and on-line
services, but rather would preempt a broad range of sales, excise, property and payroll taxes, not only on
Internet and on-line service providers, but on telecommunications companies, many firms and individuals
using computers in their "every -day business. " It could also potentially affect taxation of a broad range of
transactions processed over "interactive computer services."
United States Department of the Interior
1N nnYRMR TO;
H30(AKSO-RCR)
John J. Williams, Mayor
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Dear Mr. Williams:
NATIONAL PARK SERVICE
Alaska Regional Ofiicc
2525 Gambell Street. Room 107
Anchorage, Alaska 99503-2892
, A2s2s?�
0 w
AN 25 g'4
ZI LL0t64'��
The National Park Service (NPS) administers the National Historic Landmarks (NFL,)
program for the Secretary of the Interior. It is a cooperative endeavor of government
agencies, specialists, and independent organizations sharing knowledge and working
jointly to preserve these nationally significant properties. Annually the NPS is required
to report on the condition of all NHLs to Congress.
It has come to our attention that the City of Kenai Planning and Zoning Commission is
considering a proposal to establish a commercial enterprise within the area of the Holy
Assumption Orthodox Church NHL. The NPS encourages the Commission to closely
consider potential impacts to the integrity of this historic property. Impacts can be direct
or indirect. In 1991, a commercial developer set a grass fire which came within a few
feet of the historic chapel. This does not mean that development cannot occur near a
historic site. Considered development can enhance the visitor experience and the publics
appreciation of our rich past.
In addition to reporting responsibilities, the NPS can offer technical assistance to NHL
owners and other interested parties. If we can help you consider how to avoid adverse
impacts to this valuable cultural resource while developing tourism, please call either
Steve Peterson, Historical Architect, (907) 257-2667 or me at (907) 257-2547.
Sincerely,
Sandra Anderson
Senior Historian
cc: City of Kenai's Townsite Historic District Board Chair
Richard Ross, Interim City Manager
City of Kenai Planning and Zoning Commission Chair
Judith Bittner, State Historic Preservation Officer
Z #:ti10£ £BZ L06 +-015ZL5ZL06 WdVO:£ ! L6—SZ-9 : !ZOL aaidooalal x0a3X:A9 iN3S
fP TONY KNOWLEs, GOVERNOR
► I U 1( ! C � R' ii
DEPARTMENT OF NATURAL RESOURCES MCI CSTREET, ELITE 1276
ANCHORAGE. ALASKA 9950"021
DIVISION OF PARKS AND OUTDOOR RECRE4TION PHONE: (807)26"721
OFFICE OF HISTORY AND ARCHAEOLOGY FAk (eo7) 28"VW
June 24, 1997
Re: 3350-1 City of Kenai CLG
John J. Williams
Mayor
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611-7794
Dear Mr. Williams:
It has come to my attention that the City of Kenai's Planning and Zoning
Commission is considering. a request to develop a commercial business in the
townsite historic district and located next to the Russian Orthodox Church. I
understand that there is some discussion as to whether or not the City of Kenai's
Townsite Historic District Board should be involved with the review process.
As the State Historic Preservation Officer, I would like to address the importance*
of the Board's role in the City of Kenai's certification to participate in Alaska's
historic preservation program. To be a Certified Local Government, and to become
a partner in the state/federal historic preservation program, the City of Kenai had to
adopt a local historic preservation ordinance that established a Board whose duties
include local project review. The intent of the Certified Local Government program
is for historic preservation commissions to review all local projects that will
potentially impact historic resources within their boundaries. As you know, Kenai's
ordinance S85-10/20/93 14.20105 established a review board whose duties
include regulating development and reviewing proposed building permit applications
within the Townsite Historic zone. This ordinance also specifies the development
criteria for the historic zone that encourages compatible historic use and
discourages uses that will violate historic qualities. Clearly, the intent of this
ordinance is to enable the Board to consider potential impacts to historic properties
within the designated zone and to provide advice to be considered in the city's
decision making process.
44 printed cm recycled p2, a1 b Y G. b
Page 2
John Williams
The Board is a critical element of your public review process because it provides a
representation of the community that values the integrity of Kenai's historic
district. It is the Board's responsibility to question whether a project is computable
with the historic church and district, to consider if the development is appropriate
to the zoning designation, and how such development will impact Kenai"s heritage
and tourism goals.
The benefits of Kenai's Certified Local Government status have included the receipt
of two historic preservation grants. Your board has successfully overseen a grant
that surveyed the historic townsite and is in the process of creating interpretive
signs for the historic district. I hope that the City of Kenai will continue to value
and support the Board's role in the community. I encourage the City of Kenai to
see that the Board has input on projects that will significantly impact the historic
townsite.
Sincerely,
udith E. Bittner
State Historic Preservation Officer
cc: City of Kenai's Townsite Historic District Board Chair
Richard Ross, Interim City Manager
City of Kenai Planning and Zoning Commission Chair
JUN-24-97 TUE 10:37 MAT SU BOROUGH CLERKS FAX NO. 7459845 P,01
MATANUSKA-SUSITNA BOROUGH
OFFICE OF THE BOROUGH CLERK
B�QVUGM '
350 East Dahlia Avenue
Palmer, Alaska 99645-6488
(907) 745-9653
FAX (900) 745-8845
FAX TRANSMITTAL PAGE
TO Ca4-z .
FIRMz.Q,ncu
CITY STATE
TELEPHONE NO FAX NO ��3 - 3 U/--7/
FROM
DATE NO OF PAGES l7
REMARKS:
IF YOU DID NOT RECEIVE ALL PAGES, PLEASE CALL BACK AS SOON AS
POSSIBLE.
JUN-24-97 TUE 10:37 MAT SU BOROUGH CLERKS FAX NO. 7459845
P. 02
76 PARLUME TARYLAW AND PR0CF_DURE
Even the discussion and debate about the idea should be controlled
by the assembly. The subsidiary motions provide for any or all of these
actions.
Sir" subsidiary motions are used by assembly in processing a
main motion, they must an have the power or precedence to displace
the main motion temporarily. Some of them even take precedence
over other motions as wen. An amendment, for example, may be
offered to any motion that has variable features. However, subsidiary
motions also have an order of precedence within their Own classification.
Lay on the Table is the highest ranking and thus the most powerful
of these motions, and Postpone Indefinitely is the lowest ranking. In
between, the order of precedence is the order in which we have listed
them. The order is most easily remembered by the initials LP. LP,
RAP. moving from highest to lowest precedence. These motions are
proposed from lowest to highest, each proposal taking precedence
over the previous one. The Chair then leads the assembly in disposing
of them in the opposite order, moving from highest (the last proposed)
to lowest. Our detailed discussion of these motions will move from
highest to lowest.
LAY ON THE
TABLE OR
POSTPONE
TEMPORARILY
This motion is used to set aside the pending motions temporarily.
When a main motion, along wdh any lower ranking subsidiary motions
adhering to it, has been laid on the table, it remains set aside until
brought back before the assembly by a motion to Take from the Table
(or to Resume Consideration). If Take from the Table is passed by
a majority vote. the assembly resumes consideration of the main
motion just as it was before it was set aside. Some authorities insist
that the original motion, once tabled, must be taken from the table
during the same meeting or convention. Robert, however, would
permit the motion to Take from the Table in the ne)d session of
groups meeting quarterly or more often. If the tabled matter is not
taken from the table within these limits, it ceases to exist. Sturgis
takes the position that tabled matters are best forgotten in subsequent
sessions, and suggests that the main motion might simply be renewed
T
at the next session.
The purpose of this motion is to enable the assembly to drop for
the time being whatever they may be considering in order to turn to
something else, usually to handle some emergency that has arisen
t
Perhaps the discussion of the main motion has gone on much longer
JUN-24-97 TUE 10:38 MAT SU BOROUGH CLERKS FAX NO. 7459845 P.03
�99
SUBSIDIARY M077ONS 77
s
trgin was anticipated The members are eager to hear the speaker of
the evening, but the speaker must catch an early flight. Under these
conditions. a majority of the members, without further discussion, could
W the main motion on the table, hear the speaker and then take up
the main motion again after the speaker departs.
The motion to Lay on the Table is frequently confused with
other subsidiary motions. For example, a member may say, "1 move
that we lay this matter on the table until our net4 meeting." Here, the
motion is being confused with the subsidiary motion to Postpone
Definitely. The Chair should treat this motion according to the intent
of the member 'It has been moved and seconded that we postpone
this matter until our next meeting. Is there any diism ssionr
Or the motion to Lay on the Table may be confused with the
motion to Postpone Indefinitely. A member who disapproves of the
main motion but who doesn't want to go on record as voting against
it may gain the floor and say, 'I move that we table it.' In this case,
the intent is to kill the main motion --to postpone it with the hope that
it will never be taken up again. The Chair would have the right to
inquire as to the purpose of this member. if an emergency is at hand
which requires putting aside the main motion temporarily, the motion
can be accepted as a legitimate move to lay the main question on the
table. Otherwise, the Chair may choose one of three alternatives:
1. Accept the motion as another form of Postpone Indefinitely.
In this case, the Chair would rephrase the motion and call for
discussion. Note, however. that this subsidiary motion has
very low precedence, and it might not be in order at the time.
2. Accept the motion as a move to put the main question aside
temporarily, without discussion, but require a two-thirds vote
to pass the motion, since debate would not be permitted. The
Chair should also remind the assembly that a motion to take
the matter from the table might later be used to bring the main
motion before the group again.
3. Declare the motion to table out of order as an improper use
of the motion.
The member making this motion may express R in many ways.
He may move to "lay the main motion on the table,' to "Set aside the
main question temporarily' or to 'table the motion.' However, this last
expression, to 'table the motion" is most frequently heard when the
member really intends to postpone the main question indefinitely-
JUN-24-97 TUE 10:39
MAT SU BOROUGH CLERKS
FAX NO, 7459845
IMF
78
PREVIOUS
QUESTION OR
CLOSE DEBATE
PARLLWEWAR Y LA w AmD PROCEDURE
Properly used as the highest ranking of the subsidiary, motions,
the motion to Lay on the Table temporarily sets aside pending matters
in order to take care of some emergency. Certain rules govern its use.
This motion:
1. Cannot interrupt a speaker. The member may eXpress the
motion in several different ways, but she must be recognized
by the Chair in order to offer the motion.
2 Requires a seoond.
3. Is not debatable.
4, is not amendable,
S. Takes a majority vote.
6. Takes precedence over all other subsidiary motions.
7. Can apply to main motions only. If passed, it not only postpones
the main motion temporarily. but any other pending subsidiary
motions are also put aside with the main motion to which they
are attached.
8. Can have no motion applied to it. It may not be reconsidered,
since it may be renewed after a period of time and since the
motion to Take from the Table may reverse its action.
This motion. the Previous Question, is intended to stop all
disaission and prevent further amendments to the pending question -
It is used when there seems to be no need to continue a isusssion.
since the members have heard all the facts and arguments they need
to determine their vote.
While the intent of this motion is easy to understand, its name
often creates problems for an inexperienced Chair and for many of the
members. Someone rises and says, "1 move the previous question•'
One is tempted to try to remember what motion the group considered
previously. This motion being offered is not a reference to anything
done earlier. Rather, the member is eoressing a desire to end the
discussion and proceed to an immedate vote., Thus the wise Chao
should immediatety, once the motion is seconded, rephrase it for the
benefit of the members: "It has been moved and seconded that we
proceed to an immediate vote. Al in favor, please rise.'
Another confusing action in eorunection with ending debate relates
to the practice of some members of interrupting the discussion wth
shouts of "Question Question!' Such a practice is unruly, in that it
interrupts the proceedings, has no parliamentary significance and is
JUN-24-97 TUE 10:39 MAT SU BOROUGH CLERKS FAX N0, 7459845
P. 05
MATANUSKA-SUSITNA BOROUGH
350 East Dahlia Avenue, Palmer, Alaska 99645-6488
PHONE (907) 745-9683 o FAX (907) 745-9845
MEMORANDUM
DATE: August 6, 1996
TO: Barbara Lacher, Borough Mayor
Assembly Members
FROM: Sandra A. Dillon, Borough Clet
SUBJECT: PARLIAMENTARY NOTES
"Postpone Indefinitely" or "Lay on the Table"
For your information, I have noted below a review of the motions to "Postpone Indefinitely" and to
"Lay on the Table." There is often confusion about these two motions. Robert's Rules emphasizes
the dangers of misuse of the motion to "Lay on the Table" as it is often used with the intention of
either killing an embarrassing question without a direct vote, or of suppressing a question without
debate. During the Iast year, however, we have rarely used the motion to "Lay on the Table" and
have instead used the motion to "Postpone Indefinitely" as the method to kill a motion. Robert's
Rules defines these two motions very clearly.
The motion to "Postpone Indefinitely" is in effect an indirect rejection of the main
motion. It is a useful procedure that enables the assembly to quietly bury a main motion
without taking a direct vote on it. (RONR p.125)
The motion to "Lary on the Table" enables the assembly to lay the pending question
aside temporarily when something else of immediate urgency has arisen. By adopting the
motion to "Lay on the Table" a majority has the power to halt consideration of a question
immediately without debate. Use of this motion must be used with caution as such action
violates the rights of the minority and individual members if it is for any other purpose other
than to temporarily lay aside a pending question when something else of immediate urgency
has arisen. (RONR, pp. 207-208)
Please feel free to call me if you have any questions.
cc: Donald L. Moore, Borough Manager
Michael Gatti, Borough Attorney
Planning Commission Secretary
Platting Board Secretary
JUN-24-97 TUE 10:40 MAT SU BOROUGH CLERKS FAX NO. 7459845
1.
TAKE FROM THE TABLE
The motion to take From the table places again before the assembly a motion or series of adhering motions
that, for urgent reasons, were laid on the table.
Unless moved under a suspension of the rules, lake from the table must be moved:
,( At a time when no program or rule interferes.
While business of the class to which the subject question belongs (unfinished business, general orders, or
new business) is in order.
If the motion to take from the table is voted down, it can't be renewed until further business has been transact—
ed.
The motion to take from the table:
Must be seconded.
./ Is not debatable.
J Is not amendable.
,r Requires a majority vote.
Cannot be reconsidered.
PRINCIPAL CHARACTERISTICS
TIME LIMITS
A Question that has been laid on the table must be:
• taken from the table during that same session, or
• at the next session, if held within a quarterly time interval.
If the question is not taken from the table within the time limits, the question dies. However, the motion can be
reintroduced later as a new question.
JUN-24-97 TUE 10:41 MAT SU BOROUGH CLERKS FAX NO. 7459845
P. 07
RIGHT OF WAY IN PREFERENCE TO A NEW MOTION
A question is intended to be laid on the table only temporarily in order to take up a more urgent matter. For
that reason, as soon as the interrupting business has been disposed of, any member may move to take the
question from the table.
It is out of order to make this motion when another has the floor. But a member may claim:
• preference in being recognized for the purpose of making this motion ahead of a new main motion, or
• the floor only for such purpose after a new main motion has been made, but before it has been stated by
the chair.
If the motion to take from the 13trie is voted down, it can't be renewed until further business has been transact-
ed.
A motion to 13ke from -the table cannot interrupt a series of connected motions bringing up a single item of
business but must wait until the complete series is disposed of. For example,
• when the assembly has voted to suspend the rules and permit a certain main motion to be introduced;
• when a question has just been laid on the table for the announced purpose of admitting another motion;
• when a previous action has been rescinded to enable a conflicting main motion to be made; or
• when a main motion has been voted down after a member stated in debate that he would offer a differ-
ent motion covering the issue.
STATUS OF A QUESTION TAKEN FROM THE TABLE
When taken from the table, a question is before the assembly exactly as it was when laid on the table. If
motions to postpone indefinitely and amend were pending when the main motion was laid on the table, the
question first is on the motion to amend - then the motion to postpone indernilely - and if not postponed
indefinitely, the main motion,
If taken from the table on the same day it was laid on the table, members who had exhausted their right of
debate cannot speak on the question again. But, if taken from the table on another day, their debate rights are
renewed.
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DEMONSTRATION SCRIPT 1~5
%r A
5.
SCENE: A motion to plant six trees in the memorial park (with adhering motions to Pmend and to postpone
indefinitety) was laid on the table. Later the same day the following action was taken:
Betty: (After recognition) I move that the civic club endorse Kitty Purrfect for the office of mayor.
John: Second.
Neddy: Mr. President.
Chair: For what reason does the member seek the floor?
Heddy: For the purpose of moving to take from the table the motion relating to planting trees in the memorial
park.
-2-
JUN-24-97 TUE 10:41 MAT SU BOROUGH CLERKS FAX NO. 7459845
. I.
Chair: The chair recognizes Heddy Strong.
Heddy: 1 move to take from the table the motion relating to planting trees in the memorial park.
Jane: Second.
Chair: it is moved and seconded to take from the table the motion relating to planting trees in the
Park. Those in favor say, aye. (Pause) memorial
Those opposed say, no. (Pause)
The ayes have it and the motion is taken from the table with its adhering motions to postpone
hVelinite/y and to 3 nend by inserting "liquid amber" before "trees."
The question is on the amendment to insert "liquid amber" before "trees."
Is there any discussion?
Heddy; (After recognition, she speaks against the amendment,)
Chair: Is there further discussion?
Mary: (After recognition, she speaks for the amendment,)
Chair: Is there further discussion? (Silence)
Those in favor of inserting "liquid amber" before "trees" say, aye. (Pause)
Those opposed say, no. (Pause)
The ayes have it; and the amendment is adopted.
The question now is on the motion to postpone indefinitely, Is there discussion?
Mark: (After recognition, he speaks for Postponing indefinitely.)
Chair: is there further discussion?
Mary; (After recognition, she speaks against postponing indefinitely.)
Chair: Is there further discussion? (Silence)
Those in favor Of postponing the pending question indefinitely, say aye. (Pause)
Those opposed, say no. (Pause)
The noes have it and the question is not Postponed indefinitely.
The question now is on the amended motion to plant six liquid amber trees in the memorial park. Is
there discussion?
George: (After recognition, he speaks for the motion-)
Chair: is there further discussion? (Silence)
Those in favor of planting six liquid amber trees in the memorial Park say, aye. (Pause)
Those opposed say, no. (Pause)
The ayes have it and six liquid amber trees will be planted in the memorial park.
The next business in order is the motion that the civic club endorse ....
QUESTIONS &
ANSWERS
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The following questions and answers are from oafliamentary Qieslions and Answers //, published by the
National Association of Parliamentarians.
Q. When it is desired to take a motion from the table, does it require two motions, one to take a motion from
the table and another motion to present the proposal for another period of discussion
Question 623
A. One motion but two votes. One motion to take rram the l.9b/e receiving an affirmative vote and a vote,
after discussion, on the motion taken from the table. The motion that was tabled is pending when taken
from the table.
—3—
JUN-24-97 TUE 10:42 HAT SU BOROUGH CLERKS FAX NO. 7459845
P. 09
Q. Who is eligible to take a question from the table?
A. Anyone may offer the motion to lake Tram the 13ble.
Question 624
Q. During a session or our administrative board, a motion to take a question from the table was defeated.
Later the motion to reconsideP the vote carried, and the motion was taken from the table. Was the motion
to reconsider in order?
Question 622
A. No. Neither the motion to table nor to lake from the lably can be reconsidered. The reason is that
there is a better and easier way. The motion to lake from the labie can be renewed, following defeat,
repeatedly with slight progress in business between each renewal. The member should have again
moved to 'take the motion from the table,
Q. At a regular meeting of our organization, a resolution was tabled. At the next regular meeting, one month
later, it was taken from the table. During the discussion of the resolution a member moved to table the
resolution again. This motion was declared out of order on the ground that a resolution could not be tabled
twice, Was this correct procedure?
Question 678
A. No. The motion to table was in order. A motion to table may be renewed on the same resolution as
often as is desired by the assembly. However, if the resolution is not taken from the table before the
close of the next regular meeting, it is killed without debate. This point should be cleariy kept in mind.
The purpose of the motion to table is to postpone consideration of a question only temporarily in oraer
to fake care or more urgent business. It should not be used for the purpose of defeating a question
without consideration.
Q. A very important resolution was tabled while an objection to its consideration was pending. When taken
from the table, the objection to its consideration was ignored. Was this procedure correct? In other
words, (a) Is it in order to table a main motion while the objection to its consideration is pending? (b) If
so, what becomes of the motion to object? -
Question 619
A. No, it was not in order to ignore the incidental motion to object to the consideration of the question. (a)
Yes, a main motion may be tabled while the motion to object to its consideration is pending and the
objection goes to the table with it. (b) When Uie main motion is taken from the table, the objection
should receive first consideration. If the objection is sustained, with the negative vote, the main
motion is dismissed for that session.
Additional educational materials, tapes
and videos are available from:
National Association of Parliamentarians
213 South Main Street
Independence, MO 64050-3850
Telephone (816) 833-3892
FAX (816) 833-3893
Written by
Kathryn -Kay- Scheld. Chairman
National Association of Parliamentarians
Education Committee
1991—t993
—4—
JUN-24-97 TUE 10:43 MAT SU BOROUGH CLERKS FAX NO. 7459845
P. 10
CONVENTION SPEC1A'_L"--!
_.....--- __-:.:.:..:...
Lct's Take Anothcr Look!
",:National Association of Parliamentarians 01993 i
POSTPONE TO A
CERTAIN TIME
,Postpone 10 S certain time is a subsidiary motion that allows an assembly to delay action on a pending question
to a definite day, meeting, hour, or after a certain event.
This motion should = be confused with postpone indefl-nitely, which does not postpone but kills the pending
question.
When the assembly wishes to postpone a matter that is bgi pending, postpone i5 an incidental main motion. An
example would be to postpone hearing a committee report.
STANDARD CHARACTERISTICS
A subsidiary motion to postpone:
Must be seconded.
Is debatable.
J Is amendable.
Requires a majority vote.
Two-thirds vote to postpone and make
a special order.
,f Can be reconsidered.
An incidental main motion to postpone, -
Must be seconded.
J is debatable.
d Is amendable.
J Requires a majority vote.
Two-thirds vote to postpone and make
a special order.
Can be reconsidered.
SIGNIFICANT POINTS
+/ ,Postpone to a certain time can be amended as to the time to which the main Question is to be postponed and
as to making the postponed question a special order.
✓ An amendment to the motion to postpone requires only a majority vote, even if it would add a provision to
make the postponed question a special order. However a two-thirds vote is necessary for adoption of such
an amended motion to postpone.
+� Debate is limited to the motion to postpone and should not go into the merits of the main question, except
that necessary to decide whether the main question should be postponed and to what time.
./ The motion to postpone cannot be laid on the table alone, but if it is pending when the main question is /bid on
the table, the motion to postpone goes to the table with the main question. It cannot be postponed
indefinilely or committed.
JUN-24-97 TUE 10:43 MAT SU BOROUGH CLERKS FAX NO. 7459845 P,11
J Rules limiting the time to which a question can be poslponed are as follows. -
When more than a Quarterly time interval will elapse between meetings in an annual meeting or
convention, a question cannot be postponed beyond the end or the current session_
• When less than a quarterly time interval will elapse between sessions, a question can be poslponed
until, but no later than, the next regular business session. For example, if a group holds regular
monthly business meetings, a Question could not be postponed for two months.
• A motion that would kill the pending main question cannot be recognized as a motion to postpone to a
ce,rlain time. An example would be a motion to postpone until the next regular monthly business meeting
the pending Question of sending a representative to a civic meeting next week.
J It is not in order. either by a .subsidiary motion or a main motion, to postpone a class of subject; i.e.,
reports of officers, reports of committees. However, each report can be postponed separately, as it is
called for. If the assembly wishes to take up an item immediately, but it is scheduled later in the agenda,
they should by a two-thirds vote or general consent adopt a motion to suspend the rules and lake up the
desired question. A motion to pass items or classes of subjects is an alternative. After the desired question
is disposed of, the regular order of business is resumed where it was interrupted.
J When the bylaws require that certain items be taken up at a specified session, the assembly cannot, in
advance and through a main motion, postpone the matter to another session. An example would be adoption
of the budget or election of officers. However, if the matter is pending, it can be postponed to an adjourned
meeting after the motion to fix the time to which to adjourn has been adopted. The adjourned meeting is a
continuation of the same session. This procedure could be used if the attendance is very small, even though
a Quorum is present, and the pending matter is too important to be disposed of by such a small percentage
of membership.
PRIORITY OF POSTPONED ITEMS
J A postponed question becomes an order of the day for the time to which it is poslponed. It cannot be taken
UP before that time except by reconsidering the motion to postpone or by suspending the rules.
J Orders of the day consist of general orders and special orders, with special orders having precedence. Any
matter that is made an order of the day by postponement without its being made a special order is a
general order.
J General orders are taken up under unfinished business .end general orders after unfinished business is
disposed of.
J A general order for a particular hour:
• Assures the question cannot come up before the time named except by a two-thirds vote or a motion to
reconsider the postponement.
• Assures that it will come up at the time named or later.
• Cannot interrupt a pending question except by a two-thirds vote and cannot come up before general
orders, even if the hour is reached or passed.
• Is taken up automatically at the time named or as soon thereafter as general orders have been reached,
excig IY when
- there is a pending question;
- there is a special order for the same time;
- a motion to reconsj&tr is called up; or
- there are other orders of the day for the same time made before this general order,
• Questions that are poslponed to the same time and not made a special order are taken up in the order
they were proposed.
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JUN-24-97 TUE 10:44 MAT SU BOROUGH CLERKS FAX NO. 7459845 P,12
• If a question that has been postponed to a certain meeting or time of meeting is not taken up before
adjournment is reached, it becomes a part of unfinished business for the next meeting.
✓ Special orders not set for a particular hour are taken up after reports of special committees are heard.
✓ A matter made a special order for a particular hour cannot be taken up before that hour except by a two-
thirds vote, but when that hour is reached, the special order will interrupt and/or take precedence over
any other business pending or set for the same time —except
• A motion relating to adjournment or recess.
• A question of privilege.
• A Special order made before this special order.
• The special order for a meeting.
✓ when special orders are made for the same time, they are taken up in the order in which they were made
,r The special order for a meeting allows an assembly to reserve an entire meeting for consideration of a
single matter. It is taken up immediately after the minutes have been approved. The special order takes
precedence over any other form of special orders. even those made earlier. The times of any such orders
for a particular hour should be adjusted, if in conflict with the special order.
,i when a main question is postponed, if any of the motions to pastpone inderinite/y, amend, or commit are
pending, they are postponed with the main question. When consideration is resumed, the matter is in the
same condition as before postponement. The postponement of a main Question also carries with it any
debatable appeals. The main question cannot be postponed if an undebatable appeal is pending.
When a question is postponedl to a different day, it is as if the question had not been previously debated and
the rights of members to debate begin over again.
FORM AND EXAMPLES
• "i move to postpone the question to the next meeting.' This takes precedence over new business.
• "I move to postpone the question until 2 p.m.' This cannot be taken up before 2 p.m. unless by a two-thirds
vote or reconsideration. It will be taken up at 2 p.m., If there is no business pending and there are no
matters that have precedence over it.
• "I move that the question be postponed to the next meeting and made a special order." This requires a two-
thirds vote. It ensures the question will come up at the next meeting and takes precedence over general
orders_
• "1 move that the question be postponed and made a special order for 2 p.m, tomorrow.' This requires a two-
thirds vote. It ensures the question will come up at precisely 2 p.m. tomorrow, even if it interrupts pending
business.
• "I move that the question be postponed and made the special order for the adjourned meeting set for next
Thursday evening." This requires a two-thirds vote. It is in order after a motion to fix the time to which to
adjourn has been adopted. It ensures that a matter will be given sufficient time for deliberation, the entire
meeting if necessary.
DEMONSTRATION SCRIPT
:a?"
SCENE: At the Midtown Drama Club's regular monthly meeting in February, the chair has just stated the next
business in order is new business.
JUN-24-97 TUE 10:45 MAT SU BOROUGH CLERKS FAX NO. 7459845
P. 13
Di Rector: (After recognition) i move that the special production our club is planning for next fall be held
on a Sunday afternoon.
Angi Nu: Second.
Chair: It is moved and seconded that our fail production be held on a Sunday afternoon. Is there any
debate?
(Debate covered several points relating to timing, attracting a larger audience, etc.).
Starr Lett: (After recognition) I move to amend the motion by adding the words "at the Omni Auditorium."
Angie Nu: Second.
Chair: It is moved and seconded that the motion pertaining to our fall production be amended by adding
the words `at the Omni Auditorium." Is there discussion on the amendment?
Art Thor: (After recognition) I move to postpone the question until 8 p.m. at the next meeting.
Angi Nu: Second.
Chair: It is moved and seconded that the question be postponed until a P.M. at the next meeting. is
there any discussion?
Art Thor: (After recognition) Due to an unexpected snowstorm, attendance is down at this meeting.
Although there is a quorum present, consideration of this matter would be more fair if it were
discussed at the next meeting when more members might be present.
Chair: Is there further discussion?
Ima Starr: (After recognition) I move to amend the motion to postpone the question until 8 P.M. at the next
meeting by adding the words -and make it a special order."
Angie Nu: Second.
Chair: It is moved and seconded that the motion to postpone the question pertaining to our fall
Production be amended by adding the words, "and make it a special order.' Is there discussion
on this amendment? (Silence.) Those in favor of the amendment, say aye. Those opposed. say
no. The ayes have it, and the amendment is adopted. The question now is on the amended motion
to postpone the question until 8 p.m. at the next regular meeting and make it a special order.
Are you ready for the question? (Silence.) This motion requires a two-thirds vote for adoption.
Those in favor will stand. (Observe number standing.) Be seated. Those opposed will stand.
(Observe number standing.) There are two-thirds in the affirmative and the motion is adopted.
The main motion with its pending amendment will be taken up at 8 P.M. at the March meeting. Is
there other new business?
NOTE 1: The matter has been postponed to the March meeting and made a special order for 8 p.m. At the
March meeting when 8 pm. arrives, the chair will state, "At the last meeting the motion .that our
fall production be held on a Sunday afternoon with its adhering amendment to add at the Omni
Auditorium was postponed to this meeting and made a special order for 8 p.m.. It is now 8 p.m. and
the question is on the amendment...."
NOTE 2: If the amendment to make a special order had not been adopted, the question would then be on the
motion to vPs1p&ne to the next meeting 71 9 p.m. If adopted, the main motion with its adhering
amendment would be taken up at the March meeting. If business is pending at 8 p.m., the motion will
be taken UO automatically as soon as no business is Pending.
Additional educational materials, capes
and videos are available from:
National Association of Parliamentarians
213 South Main Street
Independence, MO 64050-3850
Telephone (816) 833-3892
FAX (816) 833-3893
Written by
Phyllis Currins, Member
National Association of Parliamentarians
Education Committee
1991-1993
—4—
JUN-24-97 TUE 10:45 MAT SU BOROUGH CLERKS FAX NO. 7459845 P,14
- ---
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National Association of Parliamentarians 01993
POSTPONE
INDEFINITELY
A motion to postpone indefinitely is a subsidiary motion that allows the assembly to avoid taking a direct vote
on a Question. It is useful in disposing of a badly chosen main motion. If adopted, it kills the main motion for the
duration of the session.
The motion to postpone inde/nite/y is the lowest ranking subsidiary motion. It yields to all other subsidiary
motions, privileged motions and to all applicable incidental motions.
It can be applied 9MIX to the main question. Therefore, it can be made 11II11C while a main question is pending.
PRINCIPAL CHARACTERISTICS
A motion to postpone indeTnilely :
./ Must be seconded.
✓ Is debatable.
,i Is not amendable.
.f Requires a majority vote.
1 Can be reconsidered (affirmative vote only),
The only subsidiary motions that can be applied to it, alone, are previous a4e5lioa and /imit or extend limits of
debale. it cannot be committed, postponed definitely or laid on LAe table alone. However, if the main question
Is definitely postponed or laid on the table while the motion to postpone indefinitely is pending, the motion to
postpone indefinitely goes with the main question. If a motion is made to refer the main motion to a committee,
postpone indelinilsly is ignored and does nL go to the committee.
RELATIONSHIP OF POSTPONE INDEFINITELY TO A COMMITTEE
When the committee reports the main question, they can recommend that it be postponed indefinitely. If an
amendment to the main Question is pending, the committee can recommend that the main question be postponed
indefinitely, but the amendment must be disposed of first —then the vote is taken on postpone iode/nitely. The
following are examples:
• At the time of rerarra/ to a committee, no amendment was Dending on the main question. The reporting
member of the committee states, "The committee to which was referred the question whether the Student
Council should sell candy bars at all football games, recommends this motion be postponed indefinitely - On
JUN-24-97 TUE 10:46 HAT SU BOROUGH CLERKS FAX NO. 7459845 P,15
behalf of the committee, 1 move that this question be postponed indefinitely.' If that motion is mt adopted,
the chair then states the motion that was referred to the committee.
• If there is an amendment,, o ndine, the reporting committee member states. 'The committee to which was
referred the question on whether the Student Council should sell candy bars at all football games with a
pending amendment, recommends that this motion be postponed indefinife/y.' He does not move the adoption
of the recommendation. The chair then states the question on the amendment. After the vote on the
amendment, the chair can (a) ask the reporting committee member to make the motion to postpone
'Wefinilely or (b) the chair can state the question on postponing indernitely. if the motion is = adopted,
the chair then states the Question on the main motion.
S16NIFICANT POINTS
.i The adoption of the motion to postpone indefinitely is, in effect, a rejection of the main motion.
,/ when the word postpone is used without Qualification, it refers to the motion to postpone to a certain time.
•� The chair should clarify the intent of the motion to postpone h7*/Jnite/y and explain the result of an
affirmative vote.
The following are examples:
• At a Monday morning meeting of the Student Council, there is a main motion pending that the group sell
candy bars at the football game next Friday. There is an amendment to insert after "bars' and before
"at' the words, "and popcorn.' When a member mums to p"4varw the question to next Monday's
meting. the chair should rule this motion out of order. It would have the same effect as postponing
indernitely, which is lower in rank than the motion to amend.
• If the motion to postpone the question to next Monday',; meeting is made gfL= the amendment is voted
on, the chair should state that the motion is to poslaane indernitely the question pertaining to selling
food at the game on Friday and explain that, if adopted, the motion would be killed.
./ While postpone indernitely is immediately pending, it is in order to amend the main motion.
•i Pitstpone indernitely is useful if opponents to the main motion are not sure of their strength. Someone
against the main motion can move to postpone indernitely. If that motion loses, the opponents then know
they are in the minority. However, the main motion is still pending, and the opponents can try to gain
support to vote against the main motion.
This motion is unique in that debate on the motion to postpone inderInile/y allows the merits of the main
motion to be debated. Therefore, members who have exhausted their right of debate on the main motion now
have another opportunity to debate the merits of the main motion under the motion to postpone indernitely.
EONSTRATION"
SCRIP
SCENE: At the regular meeting of the Midtown Drama Club, the chair has stated the next business in
order is reports of standing Committees.
Chair: The chair recognizes Mr. Thor, chairman of the scheduling committee.
Art Thor: The scheduling committee has read several scripts. On behalf of the Scheduling Committee, I
move that we select a new play by Mr. Blue to be included in our next year's presentations.
—2—
JUN-24-97 TUE 10:47 MAT SU BOROUGH CLERKS FAX NO. 7459845
P. 16
Chair:
The question is on the motion from the scheduling
committee that we select a new play by Mr.
Blue as one of the next year's productions.15 there any debate?
(During the ensuing debate, it became quite clear that the subject matter and dialogue of Mr.
Blue's new play were questionable. Some members were concerned, because many families
attended these productions, that this
material might be offensive. However, Mr. Blue is a
very popular playwright. If they reject this play, many of their regular patrons may cancel
their subscriptions.)
Ima Starr:
(After recognition) I move that the question be indefinitely_
Angie Nu:
postponed
Second.
Chair:
it is moved and seconded that the question pertaining to Mr. Blues new play be postponed
indefinitely. Is there any debate? The chair recognizes Ima Starr.
Ima Starr:
(Debate continues. Discussion on the motion to postpone indefinitely may also go into the
merits of the main motion.)
Di Rector:
(After recognition)i move the previous question.
Angi Nu:
Second.
Chair:
It is moved and seconded that debate be ended. Those in favor. will stand. (Observe number
standing_) Be seated. Those opposed, will stand. (Observe number standing.) Be seated. There
are two-thirds in the affirmative and debate is closed. Those in favor of the motion to
Postpone indefinitely the motion pertaining to Mr. Blue's new play, say aye. Those opposed,
say no. The ayes have it and the motion is postponed indefinitely. The next business in order
is the report of the acquisition committee.
Later in the meeting a recess was taken. When the meeting was reconvened, the following action took place:
Ima Starr:
(After recognition) Having voted on the prevailing side, I move to reconsider the vote on the
motion to postpone inde/initely the question on selecting Mr. Blue's new play for next year's
presentations.
Angie Nu:
Second.
Chair:
It is moved and seconded to reconsider the vote on postponing indefinitely the Question on
selecting Mr. Blue's new play, is there any discussion?
Ima Starr:
(After recognition) During the recess. several of us discussed this matter and concluded that
the risk of losing regular patrons is an important consideration. This is a progressive
community and certainly there is nothing in the play that isn't on prime time television every
day,I urge you to reconsider this vote.
Chair:
Is there further discussion? (Silence.) The question is on reconsidering the vote on the motion
to postpone indefinitely selection of Mr. Blue's new play. Those in favor of reconsidering the
vote, say aye. Those opposed, say no. The ayes have it and the vote will be reconsidered. The
question now is on the motion to postpone Indefinitely the selection of Mr. Blue's new play. is
there further discussion? (Silence.) Those in favor, say aye. Those opposed, say no. The noes
have it and the motion is not postponed indefinitely. The question now is on the motion that we
select Mr. Blues new play to be included in our next year's presentations. Is there further
discussion?
Di Rector:
(After recognition) i move the previous Question.
Angi Nu:
Second.
Chair:
If there is no objection, debate will be closed. (Silence.) Debate is closed. The question now is
on selecting Mr. Blue's new play to be included in our next year's presentations. Those in
favor, say aye. Those opposed, say no, The ayes have It and we will include Mr. Blue's new
play in our next year's presentations. The next business in order is....
_ QUESTIONS & ANSWERS s.
�1. • •'.!`-?gc'�ia'�:?E�~.x; 04 •e':s+rrt'tcri:�Rt. tiro-
Q. When the main motion and the motion to postpone lndeTnitely are pending, a motion is made to amend the
main motion, and the amendment is carried. Is it in order to put the motion to postpone indef>witely to vote?
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JUN-24-97 TUE 10:48 HAT SU BOROUGH CLERKS FAX NO, 7459845 P.17
A. Yes. As soon as the amendment is voted on, the motion to postpone
Pending question. indernite/y becomes the immediately
Par/iementau y Lary by Henry M. Robert, Question 308
Q. A main motion was adopted. At the next regular meeting, a member moved to rescind action on this motion.
Another member moved to postpone indefinitely the motion to rescind. Was this last motion is order?
A. Yes. The motion to rescind is an incidental main motion and subject to the subsidiary motions the same
as any other main motion.
Q. Can an amendment to the bylaws be postponed indefinitely after it has been on the table 30 days?
A. Yes. It is assumed that the proposed amendment was taken from the table (by motion) at the next meet-
ing held thirty days after it was tabled. It would then be before the assembly in exactly the same
condition as when it was tabled. It is a main motion and may have any subsidiary motion applied-
Q. A resolution of a very controversial nature was presented. During debate a motion was made to postpone
the Question indefinitely. Then a member objected to the consideration of the question. The chair declared
this motion out of order and was criticized for so doing. Was the chair right.
A. Yes. Object to Lbs consideratia* o/'a motion can be applied only to an original main motion. After debate
on the main motion has begun or a subsidiary motion has been stated by the chair, it is too late to object
to the consideration of the main motion.
(I An organization was debating the advisability of having. a dinner meeting to raise money for a special
Project. A member moved to postpone the question. indefinitely and this was amended by striking out the
word inde/Fnite/y and adding the words to to next meelin¢ Was this procedure in order? if not, why?
A. No. It is not in order to amend a motion by changing one form of a motion into another form. In the above
case to pastpaae iadeFnitely was changed into the motion to pastpow to a certain 1//�7oG The motion to
Postpone to the next meeting, being a higher ranking motion than to poseparie indern/te/y, was in order
while the latter was pending. The' proper motion was. "i move to postpone the Question to the next
meeting.' If adopted, the main motion andthe moti01110 pastpavle indeliniteiy would go over to the next
meeting and be taken up under unfinished business and general orders.
Additional educational materials; capes
and videos are avaiIable from:.
National Association of Parliamentarians
213 South Main Street
Independence, MO 64050-3850:
Telephone (816) 833-3892
FAX (816) 833-3893
Written by
Phyllis Currins, Member
National Association of Parliamentarians
Education Committee
7991-1993
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