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HomeMy WebLinkAbout1997-07-16 Council PacketKenai City Council Meeting Packet July 16, 1997 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 16, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1754-97 - Amending Kenai Municipal Code 14.20160(b)(6)[A] to Specify Allowed Building Coverage of Lots for Townhouses in All City Zones. 2. Resolution No. 97-48 - Endorsing the Continuation of the Tustumena Lake Sockeye Salmon Fisheries Enhancement Project. 3. Resolution No. 97-49 - Awarding the Bid for "Airport 1/2 Ton Sport Utility Vehicle" to Hutchings Chevrolet, for a Total Amount of $27,898.00. 4. Resolution No. 97-50 - Awarding a Contract for Banking Services to National Bank of Alaska. 5. Resolution No. 97-51 - Transferring $42,000 in the General Fund for Contracted Services of the Interim City Manager. 6. *1997/98 Liquor License Renewal - Kitchen Express & Seafood Saloon - Restaurant/ Eating Place. -1- D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of July 2, 1997. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval - Request for Special Use Permit Extension - John D. Bierdeman (Section 36 Logging)/August 19907 to August 1998. 4. Approval - Lease Application - Lot A-2 Baron Park Subdivision No. 6/ Hertzl Benyamini Development, L.P. - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney -2- 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT WORK SESSION: ENGINEERING SUPPORT, INC.'S DEVELOPMENT PROPOSAL FOR A STRUCTURAL/INDUSTRIAL FIRE TRAINING FACILITY -3- MAYOR'S REPORT JULY 169 1997 COUNCIL MEETING CHANGES TO THE AGENDA POSTPONE: C-1, Ordinance No. 1754-97 - Amending KMC 14.20.160(b)(6)[A] regarding townhouses to August 6, 1997 council meeting when action will be taken on the Land Use Table ordinance. REMOVE: C-3, Resolution No. 97-49 - Awarding the Bid for the "Airport 1/2 Ton Sport Utility Vehicle." CONSENT AGENDA MAYOR'S REPORT REQUESTED BY: Administration Administration F w a i I I m a w 0 x w a o a o m Z X w m r j F m H a % w o m m w o a a o oa a m I m a w� 0 0 m w a o m a m D r m I m o a w z w a D GD m D to m o a w z w a c-� 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, RRI. RS, RS1, RS2, 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 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 97-48 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENDORSING THE CONTINUATION OF THE TUSTUMENA LAKE SOCKEYE SALMON FISHERIES ENHANCEMENT PROJECT. WHEREAS, the United States Fish and Wildlife Service is preparing an environmental assessment of the Tustumena Lake sockeye salmon fisheries enhancement project; and, WHEREAS, future permits for this project from the United States Fish and Wildlife Service are dependent on the outcome of this environmental assessment process; and, WHEREAS, the Alaska Department of Fish and Game and, more recently, the Cook inlet Aquaculture Association, have operated a sockeye salmon fisheries enhancement program on Tustumena Lake since 1976; and, WHEREAS, in the last 20 years, the project has developed components that provide sockeye salmon to fisheries in the Upper Cook Inlet, Kamishak Bay, Kachemak Bay, and Resurrection Bay; and, WHEREAS, the sockeye salmon fisheries enhancement program on Tustumena Lake has resulted in an increase in production of sockeye salmon in Cook Inlet without negative results on wild stocks or the rearing environment; and, WHEREAS, the salmon produced through this project benefit the common property fisheries including commercial, sport, and personal use fisheries; and, WHEREAS, the program continues to operate under the technical scrutiny of the Alaska Department of Fish and Wildlife through its permitting authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1: the Kenai City Council respectfully requests that the United States Fish and Wildlife Service allow this sockeye salmon fisheries enhancement project to continue by permitting the stocking of fish and the enhancement of the fishery resources within Cook Inlet and Tustumena Lake on the Kenai National Wildlife Refuge. Section 2: copies of this resolution shall be sent to the Honorable Bill Clinton, President of the United States; the Honorable Al Gore, Jr., Vice -President of the United States, and President of the U.S. Senate; the Honorable Bruce Babbitt, Secretary of the Interior; the Resolution No. 97-48 Page 2 Honorable John Rogers, Acting Director of the U.S. Fish and Wildlife Service; Dave Allen, Regional Director, Alaska Region, U.S. Fish and Wildlife Service; to the Co -Chairs of the Alaska Land Use Council; and to the Honorable Ted Stevens and Honorable Frank Murkowski, U. S. Senators, and the Honorable Don Young, U.S. Representative, members of the Alaska delegation in Congress. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1997. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk 0-3 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 97-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR "AIRPORT 1/2 TON SPORT UTILITY VEHICLE" TO HUTCHINGS CHEVROLET, FOR A TOTAL AMOUNT OF $27,898.00. WHEREAS, the City of Kenai received the following bids for the above mentioned Airport 1 /2 Ton Sport Utility Vehicle on July 10, 1997: BIDDER Hutchings Chevrolet Tony Chevrolet-Geo-Buick Alaska Sales and Service MAKE & MODEL Chevrolet Suburban Chevrolet Suburban Chevrolet Suburban TOTAL $27,898.00 $29,330.00 $33,322.92 WHEREAS, Hutchings Chevrolet Company's bid meets the bidding specifications, and WHEREAS, sufficient funds were budgeted, and WHEREAS, the Airport Manager and City Engineer recommends awarding the bid to Hutchings Chevrolet, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Hutchings Chevrolet for the total amount of $27,898.00 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for the Airport 1 /2 Ton Sport Utility Vehicle be awarded to Hutchings Chevrolet for the total amount of $27,898.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16t' day of July, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Written by Airport Manager: 7/97/mk �e Suggested by: Administration City of Kenai RESOLUTION NO. 97-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR BANKING SERVICES TO NATIONAL BANK OF ALASKA. WHEREAS, proposals were requested and received from National Bank of Alaska, First National Bank of Anchorage, Bank of America, and Key Bank and; WHEREAS, the proposals were evaluated as specified in the RFP and; WHEREAS, total points allocated to National Bank of Alaska and First National Bank of Anchorage were equal and; WHEREAS, the City would incur costs that are associated with changing banks; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to negotiate a three year contract with provision for a two year extension with National Bank of Alaska for banking services. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16"' day of July, 1997. ATTEST: Carol L. Freas, City Clerk Approved by Finance: (7/11/97) SJ JOHN J. WILLIAMS, MAYOR Introduction: July 16, 1997 Adopted: July 16, 1997 Effective: July 16, 1997 CITY OF KENAI It Od eC4't-21i'W 4 4142114a It 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 by1ftyl 1III'1 1992 MEMORANDUM TO: Kenai City Council FROM: Lawrence A. Semmens, Finance Director SUBJECT: Banking Services RFP Requests for Proposals for banking services were received from National Bank of Alaska, First National Bank of Anchorage, Key Bank and Bank of America. I evaluated the proposals as described in the RFP resulting in the following point scores: First National Bank of Anchorage 100 National Bank of Alaska 100 Key Bank 84 Bank of America Not Responsive The proposals of FNBA and NBA received exactly the same points. Each bank was rated equally as to qualifications and understanding of the services requested. The cost portion of the proposals differed by only one dollar after including the optional service of computer access. Since the City would incur costs associated with changing banks, it is my recommendation that the City continue its banking relationship with National Bank of Alaska. Suggested by: Administrati.,.. City of Kenai RESOLUTION NO. 97-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $42,000 IN THE GENERAL FUND FOR CONTRACTED SERVICES OF THE INTERIM CITY MANAGER. WHEREAS, it is the City Council's desire to continue the contract with the interim City Manager, and; WHEREAS, money is available for transfer from the City Manager's budget. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: City Manager - Salaries $42,000 To: City Manager - Professional Services $42,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of July, 1997. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance i (7/11/97) sj STATE OF ALASKA DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: RECEIVED .A1L - !997 C , 6 TONY KNOWLES. G 550 W. 7TH AVENUE,,,, l E. 350 Anchorage, Alaska 99501-6698 Phone: 907-277-8638 Fax: 907-272-9412 July 2, 1997 We are in reciept of the following application(s) for renewal of liquor license(s) within the City of Ketchikan. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. Restaurant or Eating Place -Public Convenience Kitchen Express & Seafood Saloon JUL-09-1997 15:12 FROM KPB FINANCE TO C/KENAI P.01 KENA1 PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA • 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 MIKE NAVARRE MAYOR July 9, 1997 City of Kenai Attn: Carol L. Freas, City Clerk 210 Fidalgo Ave., Suite 200 Kenai, AK 99611-7794 RE: Liquor License Renewal Kitchen Express & Seafood Saloon - Restaurant/Eating Place Dear Carol: Please be advised that the Borough will have no objection of the above noted liquor license renewal(s) based upon unpaid taxes. The sales tax account registered for the business is filed through the required filing periods and the business personal tax accounts and/or applicable individual tax accounts are in' compliance at this time. Please send us a copy of your City Council approval/objection letter for our records. Thank you for your cooperation in these matters. S- ely, eo� Rhonda K. Krohn Delinquent Accounts TOTAL P.01 ""« "B vOrAgeConsolBuaro LIQUOR LICENSE APPLICATION -.,o w_ ?V,. A.eoue. sun. ago PAGE 1 OF 2 AAehorae., Auska 99601 (Please read separate instructions) (907) 2T7_V*3S Send PWb 1 and 2 to the ABC Board Keep Part 3 Ior yaw Mae. rrw �PPtketwn re nor: tcnedt one) p��/ Two Year ❑ Seasonal - Dates of oils; anon not to exceed 12 mos, SE 170N A. IICFE INFORI�AnON. )out w �onowtwroreu — rYW of APr,Ncatbn: I Llcensa Type Stoma Reference For rpplkedons for License Yea Fe" FIN ❑ Naw I �.,,. r9y — t — 0 / �{Od' ! J License Fee 0°0,-' Within a wrilcpepty (spectry) OP O tebr umr a jny Filling Fee: a Ren.w.r Job Curren Uqua License NunOer It renewal. has the license ❑ 7r erase of OeeO exerdseo or active at least 30 e4fl:-noun Llcans+Noldw. qq tdtays Aft during each Or the two Drecoo:ng ulindar years? (AS 04A1 3-3013)I P� ❑ Rebcaocn .3300 pL.YES w"�sPPloaWnWIN oaoenbaunlesswr%ronreglrssffor oPPlla" e) S ❑ NO Comrof BoaOf rd cin is epproYed the AEoh ` B""°'a9s Total Eniw �P. ©ntl'e or trbrfwvv ■ nerne snit mslB nit Submittetp i eddroeo oe .shun WPaar on the ticeea. IDoing e As (G einoae Nertle� - Cansmrnty Cound Warne erld5 (� �„ Ex �0 Q rsS S£a %0 3 S.+� N 2 , , 91 546, (See I I S & L.W.110,.E D, S r, i � L � p Z 51r K Address or of Badness Nr o �.{TIn N ANC SS _7 `u;1ln.� S� _$ 2 L P IIBDK 3q9� " k£�•�a:) '4� KFin0-, ,/j K 9961/ f �b 1 L! 8uolneeg 1'h«�. Nyrl,rp,,e) ❑ THIS IS A NEW hMILINO At)[yRESSq 09 I SECTION B. PRE ISES T_�E WCENSED. r,— .+ya�o weer rN.w,.dR.locetw„ Name to be wed on Lubec glen nr inw eortlmng M. b IderKsy Fnmrssss: i to IOCe00tt of Prendses greater than Ot bass then 50 meK from the beg mtrnb0ally (InOgrpocateo , borou fklerles of a Closest Scholl Orourrb: �)r s^ a unlfkd munlopdhy)7 Dkyrloo ma®ur.a under: Cloeeel Cn�rcn: ~"� � AS (All .470 DR ❑ Greater then so Mlles ❑ Lass than 50 Mtge ❑ Not AppilWble J Lrxzi OrtllnMce No.: --�— ❑ E.iotl Fria ❑ Plans wbmRtad lO Fire Menov^n — "Y ❑ N.w Build (tiequtred 1w new end propotad bu fOF.,.d Buuaing ❑ D rem of i s") bay Premlaee Attechet. {Rov�Yed far sM New and RNocalbn s ppfica0ons) SECTION C._RENEWAL INFORMATION Must bo comoletne mr Aaenawei Opljcat o ,,(as licensed oramlsrs where alcunm,c beverages are Haq the cta[emont of }inert sold, Served, consumed, pos6assed andtor Stated been I cal merest changetl from the PACKAGE STpgE changed from the last diagram suomined? fast Statement suhmdted? !S ihb a renewal of the annual �/j notice ra4mod unc 1SAAC 104 64S to aa4 al nolc ❑ YES ,Q�[ NO I Otveragae n reePonae r -an orduu? I _ YES I ❑ YES ❑ NO r'CTION D. TRANSFER INFORMATION Mar ba aonproted for Trsnerar of Lwnw Holes arw pponan ecWr+don. only. MIYeh/owyTmemOr.AOedld.cum.nbwhrMrarldanca'O.feun'u.OWA6 0 4. 11.670. Nw*s)and N6r Y1p Adtkatec df Camara Llt:eny.e(s) ❑ Regular Trtand.r. Any Instrumertf 0-01 t.d urrdeir AS 04.11.a7d for PuMoeaa 01 ' IrV AS Q4A 1.de;W4Xt) in e WW nvoern" asMW. must be nad with that APPII- ion (r S AAO 104.107). R.d w peAW" ProP0nyooMeyw with atbatrwn.}er a: (Mach adrs sheets d neosill"M BEFORE TRANSFER DoftV Bvainom As: musinata Nomw —' — -- — -- BEFORE TRANSFUL Street Addrom w Location SECTTON F CnaonoAT,r,.r r __ I - - • .^ • •�+ .nrynnrlR l lV �varar oe Nmoletetl R Gorp:raie Nr.1e - t:7plknn; or co-ti {'s-'a:a t curpv.w.o.�.. (n�1 -T lAa ea t t 390) k) _F/JL I I%JI 8u •Ingo A�f8u61n use Name) { rt � py (� Date a tnmrporntbn In g1rlsr. 1A.K4 Addrecc - — I LU fm F F f� �✓i .�� l .,l • X �� SOeet Addrr cc or Location of 8udnaoe J ,grf�a y 10 , 199 3 City, State. TIP Co" — /� S • �_110vJ si , cs i 0 L —tl r— — �j ��n///C/ (L I Gkyy and State _. -L.� � (/-J T ✓lr G-�L %C / 1 Corinne C1tt" Phone No. N, .k ,Cave named uOrwrWwn In 2 Bood ruaraiptg wAh Me Stale of later - J / awls Ua.padnwnt of Gwnm..w ertd Economic (7eYolOpenent7 RB0 .d Agent (Neap one f baptng Adtlraae) Agents Alaske Reald I I or" (YES NO John Ahlberg Y4 A4orms A9e11 1�1`'67 Phew Nr j Q CORPORATION OefEGTORB ANU ts70CKNOLDERB J D J j v� ,3' 3_ _ (also eWhbnel chae W " necossa7) Pup Name (D. not Vaa I d5ft) % er ShW.i ill t-�1- Hong Address Data lot f3Yth�NP THIS AREA OFFICE USE ONLY Oir.dars Signs'. - _ ---- ALASKA uQvon LICCNCIE APPLICATION PAGE 2 OF SECTION F. INDMDUAL/CORPO -EOFFICER INFORMATION. The following muste.p,ovwad1WQ*VhOF~ rm eppeoent or cveppponi r . osrporeabn, tho o. w• tried must eckrde the PreYdal v rporY• ollk•, If tni 1, Ice-Preeldela, a.cret.ry arld Treerver. Uw eRIddlOnY papas p nro.e.ry Wa NYne (Do not use kta W) � otAd f (� ER61 kg Ad Mreh•w F Name (Do not use InRWc) �o fox l61 l - ... MR111% Afton a �. 16 1 City. ar.I., tip cod. k �? 26 < <- l (I - y, city, 23P COde — x- HoinsAddreea(Mdifferent fixnMelling, oftws) Home Address (It dllferonl from Mang addrees) OaN of atlh o iz Home Ph,,.Wont Phorw sy�3-s�so Data of Blrtfl 6 Work Phone � i 1, a Re•kie Ir - 0 ��53So 2d_3-50' Yeah q kfonths aPpe,lo d I• a aaper.tlon. N•tt1 tn• ry oorper.l•odlc•you vi Fteeld ffltppewdkaeorpp .,,n, Identify the eorpWaleotiioa you bald @ers yea Abnlhe Fua N.r„e (Do not use InitWs) Wu Name (Do net use initials) Ma li g Address Cky. SW., ZIP Coos .. _— .. Gty, SWIG, Zip Coda - - Ftonw Addreca is dlnoronl rmm rneuk,g, .ddr•..) MO. AOrlreee (If--V-%nt from.." oddrii") _ Dole of skin HOMO Phone Work Phone Date Of BIM Nw+O Phone Work Pnono t.wgtnNAklsfu ttocWenry Years Months If eppecpnt kemlp SW,,, Iderayrie CWPprate offlce you hokl. Lagnh of Alaska Rosfd N -Pikinttaacaporwlon.Idendrythe cofporsto0&&you I Yee,. Morahc hola —•• .r..�...1a .,nr.,nwfaerrrlr:all BACKGROUND. fra Ybe Wnpleted for ad types of AwlOs110na. r •ny krdlvkluel w unporete octet named pow now have any direct or Inmr.ct Inform in any liner eleWgtic Uever 'Ye OL40� 1lcerleed M Alaska Or any odwr Yale? NO ❑ YES 0 yes. give $A*, taro of buslnsee, and addreq, 11 nwer havinp filed n slnco Ming, of o,o Usl aPphcabon, has any uw;viouai or corporate plficer listed above been convicted at a felony, a violation of AS Oa, or been convicted 4 as a licensee ar manager of licentiod promises inamilh@r slat@ of the liquor laws of that state? NO o YF8 If yell pie— wqA i. On soprel• an•et of paper. TIONH.DECLARATION boiftedonto wnunedbygoich llsaM. I declare under penalty of penury that l have examined this application, including the accompanying schedules and statements, and to the best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other contracted obligations I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its reguLations, and that in accordance with AS 04.11.450, no person other than the applicant(s) or licensees) has any direct or indirect financial interest in the licensed business 1 agree to provide all information required by the Alcoholic Beverage Ccntrol Board in suppon of this application. R application is for a Beverage Dispensary or package Store license, I certify that each applicant named on this application has resided In the state of Alaska for at least one year prior to the date of this application; and/or the applicant !s a corporation registered and qualified to do business in the state of Alaska for one year prior to the date of this applicaton. or all of the shareholders have resided In the state of Alaska IQ( at least one year prior to the date of this application. SIfiNATUREM OF CURRY LICENSEES AVDLIC_ ANT► SIGNATURE! 31 OF TRAPtSF�REE(Sl &bltwd end ewom to Wire me thle ray Of NOTAMY r•Vel IC IN ANO FOR ALA SKA fay convnyWn ."e• Form 04•901 Pao* 2 (Fi— "$) SubsaAw and atom to before — in. t@----- - deyof_ --- _ ,111 NOTARY PUBLIC IN AND FOR ALArSKA MT OOMMiaewn e"ea _ KENAI HARBOR COMMISSION AGENDA July 7, 1997 Kenai City Hall 7:00 p.m. Chairman Will Jahrig 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 9, 1997 4. PERSONS SCHEDULED TO BE HEARD None 5. OLD BUSINESS None 6. NEW BUSINESS a. Commercial Use of Ramp Floats and/or Dock Floats 1. Tour Boats 2. Guide Boats 3. Work Boats b. Potable water use for boats that do not use our services. 7. INFORMATION a. Komelis memo to K. Howard ref: Snug Harbor 8. COMMISSION COMMENTS & QUESTIONS a. City Council Agendas 9. ADJOURNMENT KENAI HARBOR COMMISSION *** MINUTES *** July 7, 1997 - 7:00 p.m. City Hall Council Chambers Chairman: Will Jahrig 1. ROLL CALL: Chairman Jahrig called the meeting to order at 7:05 p.m. and asked for roll call. Members Present: Will Jahrig (Chairman), Ray McCubbins, George Spracher Members Absent: Barry Eldridge, Michael McCune, Tom Thompson Others Present: Keith Kornelis, Swede Freden, Barb Roper Chairman Jahrig cancelled the meeting due to lack of quorum. Respectfully Submitted, Barbara Roper u b F-aRL�- i+ A CIO not I i �--e YOLO- oh yoktF-- boo KS. /4+ vj Li bwvu� �a w WC =Mayor John Williams & Can CMCI<- 0�.� 1f: Members of City Council !�J .210 Fidalgo Ave. boobs, 1bK-1 Ki g-2 yOV,TKenai, AK 99611 COlY1 OVAILI Cwcy- 011-V j U WOYs A-nd -i'Ka+5 OVI yU& Kad Beet boob ire c� a� a G f --�— -- ------------- -eCt G More 1 � - — 1�a IMayor John Williams & Members of City Council U a210 Fidalgo Ave. Kenai, AK 99611 8 a 0 0 E 0 U AM J , �.,`,7�i / 1 G/1/< j-I L rN G, / Q/Cy �jC f C� f c c nT < / n vt e fS I o Va(�a,d�L �oRl eF �J��4 f,c:.rto /Gcr wh st m Mayor John Williams & y PNe ��C / n,<►rc�.►.r Members of City Council cc'" 210 Fidalgo Ave. �i14�ry f'cr {3/j o Kenai, AK 99611 a r� z �i�,I.y z14f 1176;1 y 4 1?�rdj 4� c e w1VT'Clil%r f vrceo(t, 1.. it r0 m. GJ p• �i, r W 7 U"' C -+ N N I L U 1 LL L N Of 0 n c '6 J L li L ? 0 O. x CL 0 •+ W W [ E �D z C W (D U R' 3 Ol W IV Z room z> ¢ m c D L- c m �. v ¢rem ? 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Picnic Table Donation d. Children's Garden Contest e. Playground Installments f. Handicap -Accessible Trails Update 8. CORRESPONDENCE 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. INFORMATION a. Council Action Agenda (6/18/97) b. Beautification Committee Minutes of June 10, 1997 C. Kenai Peninsula Outdoor Club d. Kenai Peninsula Borough Trails Commission 11. ADJOURNMENT KENAI PARKS & RECREATION COMMISSION *** MINUTES *** JULY 3, 1997 - 7:00 P.M. City Hall Council Chambers Chairman Richard Hultberg 1. CALL TO ORDER AND ROLL CALL Chairman Hultberg called the meeting to order at 7:00 p.m. Members Present: Richard Hultberg, Dale Sandahl, Kelly Gifford, Jack Castimore, Cristel Fields Members Absent: Ron Yamamoto, Tim Wisniewski Also Present: Bob Frates, Dan Castimore, Barb Roper, Duane Bannock (arrived at 7:30 p.m.) 2. APPROVAL OF AGENDA Chairman Hultberg requested that guest Dan Castimore be moved to Item 4 on the agenda, Person's Scheduled To Be Heard. The agenda was approved by unanimous consent with the one change. 3. APPROVAL OF MINUTES Jack Castimore stated that the Lions Club was misspelled in previous meeting minutes. He pointed out the correct spelling was L-i-o-n-s not L-y-o-n-s. With the one correction the meeting minutes were approved by unanimous consent. 4. PERSONS SCHEDULED TO BE HEARD Chairman Hultberg introduced guest Daniel Castimore. Mr. Castimore attended the meeting to present his drawing for Municipal Park improvements. Mr. Castimore stated that the plan he will present tonight is the second of three stages_ The first stage being the park as it is now. (Mr. Castimore used his drawing during this discussion to point out areas to be changed and/or improved.) Mr. Castimore's plan involved a parking area, changing the driving road to a walking trail, and a grassy, private picnic/play area. Mr. Castimore felt the biggest problem in the park at this time is road traffic as the road currently goes right past where the kids play. Mr. Castimore thought the problem could be eliminated by moving everything towards the front and introducing a gravel parking lot. Parks & Rec Commission July 3, 1997 Page 1 This parking lot could be paved in the future to offer handicap access. The existing roads in the park could be made into walking trails by narrowing and straightening them. Fencing along the edges could also be introduced. Mr. Castimore stated that the Lions is planning to make a handicap accessible area. At this time there is no connection to the two roads (Municipal Park and the Lions) so he recommends a 50 foot gravel road to link the two areas together. This would cut off the rest of the park to driving and still provide handicap accessability. Discussion was held on the size of the parking area and where it would be in relation to the big toy area. Mr. Castimore pointed out that his plan also allows for parents to watch their children from across the street without obstruction. Mr. Castimore's plan also includes landscaping an area to allow for a more private picnic area which will have grassy areas for play. Chairman Hultberg asked if the plan allowed for the trees to remain. Mr. Castimore said no, they would be removed to keep it open. The picnic area has trails through it, tables and two picnic shelters. Commissioner Sandahl asked if anyone had seen the correspondence from the Kenaitze Indian Tribe regarding their concern of the cultural remains in the park area. Mr. Bob Frates indicated that the majority of those are off the trails. Mr. Frates stated that the Kenaitze's plan to have the youth and elders come in to do a site survey of the entire park in order to identify the sites on paper so that everyone has a record of them. Mr. Frates further stated that the plan is a wonderful idea but whatever we do we need to do in conjunction with the Kenaitze's and the neighborhood. Chairman Hultberg asked if fencing was to go around those areas if the City would be responsible. Mr. Frates stated that if we are working with the Kenaitze's on this project that they would be responsible for interpreted signage and fencing which will be approved by this body or Council. Commissioner Hultberg pointed out that this could fit in very well with Daniel Castimore's plan for walking trails as the signage would provide information. It was stated that this work would be done in phases, Phase 1 and 2. Discussion was also made on putting in a volleyball area. Mr. Frates stated that the volleyball area may go in this summer. Commissioner Hultberg thought leaving some good trees in the area would still make it nice. Duane Bannock arrived the meeting and was shown Daniel Castimore's plan. Daniel pointed out his recommended improvements. Chairman Hultberg stated that Acting City Manager, Mr. Ross wants a legal opinion on this. Mr. Frates stated that in discussions with Mr. Ross and Mayor Williams that we would have the support of Council. Commissioner Castimore stated that obviously the solution is to remove the brush in the area of the park to open it up and making extremely visible. Parks & Rec Commission July 3, 1997 Page 2 Mr. Frates stated that at this point in time we should look at plans like Daniel's and kick it around amongst ourselves so that early this winter we can move forward with it and even consider inviting the Kenaitze elders and residents to looks at our plans. Commissioner Hultberg asked if the next step is for Daniel Castimore to go before Council to present his plan. Mr. Frates stated that it may be a little premature that our timing would be this winter. He further stated we would continue to look at Daniel's plan and any other plans presented. Additionally, the Kenaitze's should have developed their site plan by then and have identified where the archeological sites are specifically located. Once Parks has got something formalized then we would present it to Council. Duane Bannock stated that Council doesn't make the decision on any plan, this body makes the decision and forwards it to Council. If the Council says no, then another decision and/or plan needs to be made. Commissioner Gifford asked how long the Kenaitze's have to get their plan in. Mr. Frates stated that it is supposed to be done within the next couple of weeks, in fact they are supposed to be prepared to come to the Lions Club meeting next week. Commissioner Sandahl stated that before we go to the Council with a recommendation some major decisions have to be made relevant to this park area, one of which is the Kenaitze's and their feelings on the historical areas and the Lions Club. He asked whether the Lions Club had gone through Council. Duane Bannock indicated that they have and further stated that he gets the feeling that Kenaitze is expecting the City to be financial partners with them and he doesn't see that taking place at all. Commissioner Hultberg asked if the project could be held up if the City does not become their partner. Mr. Frates indicated that it could be held up but it was unlikely. Commissioner Sandahl stated that before final recommendation is made that the community needs to be aware of the changes to the park. He pointed out that the park was changed dramatically when the overnight parking was eliminated and now another dramatic change would be made by making it a walking park rather than a driving park. Mr. Frates stated that working with the different groups would be critical but another critical factor is to keep it at minimum expense as Council would not want us to come back after budget to ask for major bucks to redo this whole park. Daniel Castimore stated that the main expense for this project would be the parking area and the road to get into the handicap accessible area. Mr. Frates stated that it looked like we could keep the expenses down as the work is just labor intensive and that it could be done in phases. Discussion was held on how the public would be notified of the changes to this park. Mr. Bannock stated the Council agenda is published every week, however, the public doesn't usually comment on an issue until after the meeting and decisions are made. Daniel Castimore asked if there were any plans to have a second party do a survey of the area after the Kenaitze survey. Mr. Frates stated there was an archeologist in Anchorage Parks & Rec Commission July 3, 1997 Page 3 that did some work and the consensus is to revisit this early this winter and invite the various groups. Commissioner Sandahl asked if it would be possible to have Daniel's drawing enlarged in order to use it as a working document. He further stated that there is a survey going out to offer direction to Parks & Rec and he feels there should be a section dealing with municipal parks. The groups general feeling was that this park could be a showcase for the City and the changes recommended by Daniel would add to that. Mr. Frates stated the plan is to go in this summer and get rid of the beetle kill trees and anything else that may look to be a hazard. Daniel Castimore and Commissioner Hultberg would visit the City on Monday to get an aerial photo of the area and to make a large working document for the group. 5. OLD BUSINESS a. Municipal Park - discussed under item 4. Commissioner Hultberg asked if four -wheelers were allowed in the park. Mr. Frates stated they are not allowed in any City park. 6. NEW BUSINESS A. Old Towne Park Improvements: Mr. Frates stated that last summer the Rotary Club donated $5,000 for playground equipment for Old Towne Park. The City matched it with another $5,000 and the new equipment was purchased and put into place. Eleanor Thompson, the newly elected President of the Rotary Club indicated that the Club is again in a position to donate another $2,500 for playground equipment. The City has spent approximately $2,300 for a new slide for this park. Mr. Frates recommends that the new slide purchased by the City be put out at Beaver Creek park and the Rotary Club be asked to use the $2,500 for a new slide for Old Towne. There was also talk about replacing the concrete slab for the basketball court but there is no way they could do that with $2,500, the only way that could be done is if the City matched the funds. Mr. Frates looked at the slab and it is cracked a little with some grass coming through but essentially it is in good shape. The Commission told Mr. Frates to do what he felt best. Mr. Frates stated the slide purchased by the City would go out to Beaver Creek and the Rotary Club would be asked to purchase a new slide of Old Towne. 7. DIRECTOR' REPORT 7a. Summer Solstice Fun Run: This run was held on June 21 and had 59 runners, 2 came down from Anchorage. The run was successful and the staff did an excellent Parks & Rec Commission July 3, 1997 Page 4 job. This event will probably be bigger next year as we will offer food and do it in conjunction with the Oilers. Lisa McCauley headed this event up and did an excellent job putting it together. 7b. Fourth of July Activities: We aren't going to have anything in terms of food to offer but Lori Corison will be making balloon animals and we will be in the parade. The parade starts at 11.00 a.m. 7c. Picnic Table Donations:. The Fish and Wildlife Service donated 8 picnic tables to the Parks Department and they should be delivered next week. These will be placed in various campgrounds and parks. Commissioner Hultberg asked about vandalism on the tables. Mr. Frates stated they are wooden but very sturdy. Mr. Frates stated that the thank you letter for the pool table donation was submitted to the newspaper. 7d. Children's Garden Contest: The Beautification Committee wants to encourage children to prepare flower or vegetable gardens so Mr. Frates developed a "Children's Garden Contest" for kids 5 to 12 years old. Flyers will be sent out around town and announcements will be made on the radio and in the newspaper. Forms are available at the Rec Center. The Beautification Committee will go out to judge the areas and get back to Mr. Frates with their recommendation. Prizes will be award at the August Beautification meeting. 7e. Playground Installments: This will be going to Council at the next meeting, again they are budgeted items and there should be no problem getting through. These should be ready to put in sometime in early August and will include the new slide. 7f. Handicap -Accessible Trails Update: Again, the Kenaitze's will be doing their site survey and they will come up with an agreement or letter of cooperation with the Lions Club which will simply state that they will work together on this project. There will be signage involved and the Lions Club will request that the Kenaitze's pay for them. Commissioner Hultberg asked what would happen if the agreement didn't happen. Mr. Frates stated there would not be a problem with the two groups working together, the big stipulation that probably is going to be included in this agreement is the signage and he understands the Kenaitze's are interested in doing the signs. The signs would be something similar to what you see at Russian River. Commissioner Hultberg asked about the Lions Club look out area and brick wall. Mr. Frates stated that he and Keith Kornelis, the Public Works Director, went to look at the brick wall. Public Works is in the process of getting bids back with quotes for a 15 x 20 :arks & Rec Commission July 3, 1997 Page 5 foot concrete pad for the concrete pathway going to the metal ramp. This includes railing around the perimeter. One bid came back in at $4,000. Mr. Frates stated that 8 or 9 benches have been placed around town and they look very nice. There are 5 or 6 more coming and the Mayor recommended that a couple be placed along the bike path. Parks is also considering placing some in front of Dairy Queen, McDonalds, etc. Commissioner Castimore asked about benches from the Moose for Municipal Park. Commissioner Hultberg stated that the benches have been ordered so there will be more coming. Mr. Frates stated that this will be a big weekend with the parade and a softball tournament, probably 15 leagues. Commissioner Sandahl asked about the status of the decree. Mr. Frates stated the signs were up and if anyone is caught not obeying the signs he recommended that the police be called. Staff has been instructed to call the police as well rather than attempt to correct a problem themselves. Officers are coming by. 8. CORRESPONDENCE None 9. PERSON'S PRESENT NOT SCHEDULED TO BE HEARD None 10. INFORMATION - A brief discussion was held on the information provided in the board packet. Mr. Frates stated that the Kenai Peninsula Outdoor Club has been in existence for a couple of years. Parks has made contact with them so that they can provide their agenda and it will be posted at the Rec Center. Mr. Frates further stated that Scott Slavic will be serving on the Kenai Peninsula Trails Commission. 11- COMMISSION OMMENT Commissioner Sandahl noted the banners flying about town look very nice but maybe more contrasting colors would be nice. The banners will be placed on Willow Street when the boom truck is repaired. Commissioner Sandahl commented on an article in the paper regarding the number of miles on the river that the Mayor and Rick want to have excluded from whoever is trying to include them. Duane Bannock explained that it is the Kenai River Special Management Area (KRSMA) and they are the group that controls the Kenai River from Warren Ames Bridge north. The newly revised plan recommends that they control the lower 4 miles, from the mouth all the way. Commissioner Sandahl asked if there would be any affect to summer activities at the mouth of the river this summer. Mr. Bannock stated that not yet, but there certainly could be. Commissioner Hultberg asked who would answer that question, the courts? Mr. Bannock stated that the City of Kenai's position is very clear and that is we don't want to be in it, they have not made a final decision on whether or not Parks & Rec Commission July 3, 1997 Page 6 the City will be in it. The final hearing is yet to be heard at the Borough level and then it's final form will be drafted and sent to the Commissioner level for signature. Hopefully they will respect the City of Kenai's position and maintain it as status quo. If not, Mr. Bannock is not sure of the direction the City would choose to go but they would not be happy. Commissioner Sandahl stated that the one comment that triggered his appetite for what was going on is that we'll take control of the river up to and including our city limits which means we may establish our own horsepower rating. Mr. Bannock stated that it has always been his position that there should not be another governmental organization within our own city limits, whether it be another layer of the Borough's government or another layer of State government, he firmly feels that within our city limits we do a good enough job of taking care of our own things. Mr. Bannock further stated that it was a compromise that took us to what we have today and the Warren Ames Bridge made a nice geographic boundary. Commissioner Sandahl stated there was reference made to horsepower on the river and the City of Kenai does not have jurisdiction over enforcing what takes place on the river and so the City should not establish it's own horsepower rating. Mr. Bannock stated that was correct and the 35 horsepower rating limit is a KRSMA requirement, the City cannot enforce a waterway rule but it would also mean that if that were the case then the rule would then start and stop at Mile 12 as opposed to starting and stopping at Mile 4.5 Commissioner Sandahl stated that somebody will have jurisdiction over the waterways. Mr. Bannock stated that the Coast Guard has jurisdiction. Commissioner Gifford shared a photo of the memorial tokens left at Lief Hansen Park. She read the rules and they say the only thing that can be put there are landscaped planted flowers, trees or bushes and a landscaper has to do it. Commissioner Gifford stated that if we allow one person to place a memorial token then others will follow. Commissioner Hultberg stated that he felt the area could be policed by Parks & Rec occasionally and those items picked up. Mr. Frates stated that it would probably be appropriate if those items were placed on birthdays, Memorial Day, etc., as long as it's removed the next day by Parks & Rec. Commissioner Gifford asked if letters have been written to businesses regarding clean-up. Mr. Frates stated a letter is being prepared but has not gone out yet. Commissioner Gifford asked Mr. Frates if he had enough crew members to accomplish his work, Le, fertilizing, liming, taking care of dead bushes, etc. Mr. Frates stated that what he is able to do right now is just maintain a level of service that is acceptable, to go above and beyond that when we discuss projects like new playground equipment, renovating ballfields, etc., No, he does not have the staff. When they start renovating ballfields, etc., then he will look at hiring more people. Commissioner Hultberg stated that there is an undercurrent of feeling by some of the members that if Parks continues to be cut back, there comes a point where you need to ask. Mr. Frates stated that transportation is Parks & Rec Commission July 3, 1997 Page 7 another problem to consider as he doesn't have enough vehicles to handle any more staff. He feels they are more effective now with current staff as we have enough transportation to deal with these folks. He further stated that when he needs more people he will ask and will also ask for another vehicle. Commissioner Gifford asked about the dead bushes and dead trees in various parks. It was pointed out that the dead trees were being taken care of. Commissioner Gifford asked if she could do the pruning on the trees that need it. Mr. Frates stated that he would welcome her volunteer work. Commissioner Hultberg stated that he read some minutes that mentioned a Mr. Bassett removing a cabin about 17 or 18 years ago and wanted to know if that cabin was in the Municipal Park. Commissioner Gifford stated that it was at the bottom of the road and not in the park. There used to be a ice rink and a dam there. The dam was taken out as it was a hazard. Commissioner Hultberg will show the minutes to Mr. Frates. Commissioner Hultberg stated that the next meeting will be held on Thursday, August 7, 1997. Commissioner Gifford MOVED to adjourn the meeting. Cristel Fields SECONDED the motion. The meeting was adjourned at 8:10 p.m. Respectfully submitted, Barbara Roper Parks & Rec Commission July 3, 1997 Page 8 CITY OF KENAI �. PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS July 9, 1997 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: June 25, 1997 4. PERSONS PRESENT SCHEDULED TO BE HEARD: a. Leo Oberts 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ97-35—Landscape/Site Plan Review —Allan J. Norville, Tract B-2 Cook Inlet Industrial Air Park, 10672 Kenai Spur Highway 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Notice of Planning Commission Action of June 23, 1997 b. Commission Roster 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Agenda JuW 9.dm CITY OF KENAI PLANNING AND ZONING COMMISSION July 9, 1997 Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER & ROLL CALL: Chairman Glick called the meeting to order at 7:00 p.m. Members Present: Carl Glick, Teresa Werner-Quade, Barb Nord, Ron Goecke, Phil Bryson, Members Absent: Karen Mahurin, Michael Christian Others Present: Administrative Assistant Marilyn Kebschull, Councilman Duane Bannock, Contract Secretary Barbara Roper 2. APPROVAL OF AGENDA: GOECKE RECOMMENDED APPROVAL OF THE AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. MOTION WAS SECONDED BY BARB NORD. AGENDA WAS APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES: WERNER-QUADE MOVED TO APPROVE THE MINUTES OF JUNE 25,1997 AND ASKED FOR UNANIMOUS CONSENT. GOECKE SECONDED THE MOTION. THE MINUTES FOR JUNE 25, 1997 WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: a. Leo Oberts: No show 5. CONSIDERATION OF PLATS: None PLANNING & ZONING COMMISSION MEETING MINUTES JULY 9, 1997 PAGE 2 6. PUBLIC HEARINGS: None 7. NEW BUSINESS: b. PZ97-35 - Landscape/Site Plan Review: GOECKE MOVED TO RECOMMEND APPROVAL OF PZ97-35, LANDSCAPE/SITE PLAN REVIEW FOR MM ALLAN J. NORVILLE. MOTION WAS SECONDED BY WERNER-QUADE. Staff had no additional comments on PZ97-35. Bryson wanted to go on record to say that he will be abstaining due to conflict of interest. Goecke asked Mr. Allan Norville to come up and explain what he would be doing. Mr. Allan Norville, 301 Riverside Drive, Soldotna, Alaska, stated that they propose to build a new 16,000 sq. ft. building immediately west of K-Mart and Carrs and one of the prerequisites is a landscaping plan. He noted that they covered approximately 7% of the area and code requires 5%. Mr. Norville felt that it should be mentioned that the property will become part of the Carr's Center and they have over -landscaped so it should be included in the whole area. Mr. Norville clarified the exact location as being part of the Dairy Queen property. Glick asked for additional comments and/or questions. Kebschull pointed out that one item that was not addressed was snow removal and stated Code requires that it be addressed. Glick asked Mr. Norville what his plans were for snow removal. Mr. Norville stated that if there is a very heavy snow then it would have to be carried off but temporarily they would store the snow on the pads, when the pads are developed then the snow would have to be hauled away. No other comments and/or questions were provided. VOTE: Werner-Quade Yes Goecke Yes Nord Yes Mahurin Absent Christian Absent Bryson Abstain Glick Yes MOTION PASSED UNANIMOUSLY. 8. OLD BUSINESS: None PLANNING & ZONING COMMISSION MEETING MINUTES JULY 9, 1997 PAGE 3 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: a. City Council: Councilman Duane Bannock stated that a copy of the July 2 agenda was included in the Planning and Zoning packets and he wanted to briefly review a couple of items. The first being Public Scheduled Comment, Mr. Ron Petterson representing the Kenaitze Indian Tribe was present and discussed their Resolution opposing further development of the Municipal Park on Forest Drive in Kenai, Alaska. Mr. Petterson shared some concerns that they had for the handicap -accessible park that the Lions Club is putting together at the south end of Municipal Park. Councilman Bannock stated that the Kenaitze Indian Tribe is working in conjunction with Parks & Rec Director, Bob Frates on the sensitive areas. What they would like to see is some type of interpretive park made at the sites that they have identified. This issue was remanded to Parks & Rec. Councilman Bannock stated that Parks & Rec. is also looking at another plan for that same park. Councilman Bannock went on the Public Hearings on the Agenda and stated that Item 1, Increasing Estimated Revenues and Appropriations by $2.75 million dollars, was pulled. It was going out to bid for a portion of the Alaska Regional Fire Fighting Project. This Ordinance will come back but it will be a lot more because they are going to bring it back in conjunction with the industrial side of the fire fighting project. This will be bid out as one complete project. Councilman Bannock stated that the next item was the Animal Shelter and $664,350 was appropriated to that capital project. Councilman Bannock stated that little over $600,000 of that was going to Blazy Construction as they were the low bidder of the project. Item #3 under Public Hearings, Replacing the Current Kenai Municipal Code Land Use Table, Councilman Bannock stated that this came directly from the Planning and Zoning group and it was tabled because they wanted to wait for Councilman Smalley who had been very active in the development of this particular ordinance. Councilman Bannock stated that the City had received a very interesting letter from the Department of the Army which had to do with a brief study that had been done with regards to the bluff erosion situation. The Army said there is clear Federal interest in erosion control in the city owned shoreline near the Senior Center. Their idea of protecting the 1,510 feet portion of bluff would be approximately $3 million dollars. PLANNING & ZONING COMMISSION MEETING MINUTES JULY 9, 1997 PAGE 4 Councilman Bannock stated a feasibility study would have to be done on a 50/50 basis and then the cost, if the Corp was to participate in it, would be on a 60/40 type of thing. The City probably won't take them up on that offer. b. Borough Planning: Bryson stated there were no meetings since the last Planning & Zoning meeting, therefore, had nothing to report. C. Administration: Kebschull stated that the Notice to Proceed on the Taxiway C Project was issued today to CIC so they should be in working on that tomorrow. Kebschull stated that, as Mr. Bannock said, the ARFF project is going to be re -advertised and it will include both site development and the building, it will be advertised beginning July 14. The plans will be available on July 18. The bid opening is possibly scheduled for the end of the month. Kebschull stated that if everything goes as planned, the site work will be done this fall and the building in the spring. Kebschull stated that the other thing staff is doing is reviewing and revising the land development requirements. This work is being done based on the work sessions and the comments/concerns from those sessions. Jack LaShot, Bob Springer and Marilyn Kebschull is looking at it and when complete, will bring it back to the Commission for comment and review as there were a lot of blanks and things that were not clear during the work session meetings. 11. PERSONS PRESENT NOT SCHEDULED: None 12. INFORMATION ITEMS: a. KPB Notice of Planning Commission Action of June 23, 1997 b. Commission Roster - Glick stated that the Commission appreciates having this roster. 13. COMMISSION COMMENTS AND QUESTIONS: Bryson stated that he had the misfortune of being at the Council meeting three weeks ago in which the Planning and Zoning Commission were severely criticized for action they had taken, or not taken. Bryson further stated that he didn't mind being criticized occasionally if there is due cause, either individually or as a group, but he does mind being ripped by Council who they do the trench work for. Bryson stated that they handle PLANNING & ZONING COMMISSION MEETING MINUTES DULY 9, 1997 PAGE 5 a lots of dirty work here that takes a decision and he expects the Council to realize that. Bryson also felt that the Planning Commission had the best interest of the City at heart when they requested additional information be required from the Townsite Historic Zone and at the time he felt it was appropriate. Bryson pointed out that he was very much dismayed by the comment. Werner-Quade: No Comment Nord stated, regarding the minutes of that particular meeting that Mr. Bryson was talking about, she felt pretty much the same way and that they are here doing a public service and aren't paid and are doing the best job that they can. She further stated that they did have a Councilman here at that particular time and everybody relayed to him why they felt the way they did. She was not sure if that was relayed at the Council meeting or not but she was a little disappointed in the comments made. Nord stated that she would like to make a comment regarding the amount of money awarded to the Associates for the animal control shelter, she was curious as to how much of the money went towards the 14 pages on how to plant grass. Councilman Bannock stated that he couldn't tell her but that $19,220 was the amount that went to Mr. Kluge but he couldn't tell her anymore with regard to the breakdown. Glick asked if Councilman Bannock noticed how much effort went into how to plant grass. Councilman Bannock stated that he did notice. Goecke stated, as everyone on this Commission is well aware, he has never been a strong opponent to a dog house in this town that is worth more than all but one residential home in this city. He further stated that at one point in time, in fact the last number that he had heard, was they now had that animal control dog house just under $500,000 and now it's back up in excess of $600,000. Goecke stated that to him this whole thing is just purely ludicrous. He further stated that at some point in time somebody needs to stand up and say hey, are our dogs and cats worth more than our tax payers. Councilman Bannock asked Chairman Glick if he could respond to the comments made regarding the Council meeting of three weeks ago. Chairman Glick gave permission. Councilman Bannock stated that, first of all, he read the Planning and Zoning Commission minutes and apologized that he was not at that meeting, he left early but would have addressed the concerns right then. Councilman Bannock stated that he will apologize if he came across as rude, unprofessional, or ungentlemanly, but he will stand by his remarks in regards to the actions taken by this Board. He further stated that he was very, very clear in what his problem was and that was a fear that he addressed over 4 PLANNING & ZONING COMMISSION MEETING MINUTES DULY 9, 1997 PAGE 6 years ago at the formation of the Townsite Historic Board. Councilman Bannock stated that he won't even go down the road of the volunteer versus the pay thing because he doesn't feel it's even worth a discussion but he does feel that it wasn't a judgement call that was made, because the Board is here to make a judgement call, and clearly there are times when he won't agree with the judgement call made, and there are times when the Council won't agree, and there are times when the Council will overturn a judgement call. He did not feel that was the issue, what was at issue was the fact that they took a project that was ready for approval at this level and remanded it to another Board and that's where Councilman Bannock still feels that this Board was wrong, he will stand by those comments. Councilman Bannock addressed Ms. Nord and stated that her comment was interesting because she was one Commissioner that voted to proceed that evening and he felt that was the right decision. He also said to vote it down would have been a prerogative had she not felt comfortable with the permit and perhaps he may not have agreed with that decision, or perhaps he may have agreed with that decision, but he does feel that was the decision that this Board should have been willing and ready to make that night. Again, Councilman Bannock stated that he would apologize. The minutes are correct, he won't blame Ms. Freas for making anything that wasn't and Mr. Bryson was indeed in the audience that night so he feels that Mr. Bryson would say the minutes are an accurate portrayal. Councilman Bannock again apologized if he was rude, unprofessional, and ungentlemanly, because that would be uncalled for but he would stand firmly by his position. Chairman Glick stated that he was not going to say anything but this Board did have information that night and could have acted but to send it to another committee for further information he didn't feel was a problem. He said that if they were just doing it to get it off their backs would be one thing but to get input from another Board was the reason he did it. Glick stated that they did get their input. Glick again stated that he didn't think there was anything wrong with asking for more input in some cases. Glick told Councilman Bannock that they do disagree on that. Councilman Bannock stated that yes, that was true, they disagree on the subject. 14. ADJOURNMENT: GOECKE MOVED TO ADJOURN. The meeting was adjourned at 7:25 p.m. Respectfully submitted, Barbara Roper -T) - 765�-, KENAI BEAUTIFICATION COMMITTEE July 8, 1997 * * * 5:30 p.m. Kenai Council Chambers Chairperson Susan Hett ***AGENDA*** ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES — June 10, 1997 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS a. Beautification Judging MM 6: NEW BUSINESS a. Volunteer Reception ITEM 7: REPORTS ITEM 8: QUESTIONS AND COMMENTS ITEM 9: INFORMATION a. Parks & Recreation Commission Meeting Minutes - June 5, 1997 b. City Council Action Agenda (6/18/97) ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE July 8, 1997 - 7:00 p.m. Kenai City Council Chambers Chairperson: Susan Hett *** Minutes *** 1. CALL TO ORDER & ROLL CALL Chairperson Susan Hett called the meeting to order at 5:30 p.m. Voting Members Present: Susan Hett, Jean Rogers, Barb Nord, Nina Selby, Karolee Hansen (arrived at 5:45 p.m.) Non -Voting Members Present: Linda Overturf, Jeneane Benedict Voting Members Absent: Marilyn Dimmick, Sylvia Johnson Other Present: Councilperson Linda Swarner, Parks & Rec Director Bob Frates, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: The agenda was approved by unanimous consent. 3. APPROVAL OF MINUTES: The minutes for the June 10, 1997 meeting were approved by unanimous consent. 4. PERSONS SCHEDULED TO BE HEARD: None 5. OLD BUSINESS a. Beautification Judging: Chairperson Susan Hett stated that the procedure will be the same as last year. The results need to be to the Chamber by August l . The bus tour of the locations will be held on Wednesday, July 30, the group will meet at Lief Hansen Park at 7:00 p.m., judging can be done anytime prior to that date. Those members that are unable to make the bus tour are asked to have their comments forwarded to Chairman Hett before July 30. Ms. Hett handed out street maps of the areas the members will be judging. After a group discussion, the members were assigned specific locations and were told that judging needed to be done by July 30. Barb Nord pointed out that the city limits on Strawberry Road to Carver is on the left-hand side, Carver is not in the BEAUTIFICATION COMMITTEE MINUTES JULY 8, 1997 PAGE 2 city limits. Ms. Hett asked members to contact her if they had any questions on any of the locations and/or areas. During this discussion it was pointed out that 511 Ash will be judged this year. Ms. Hett requested that members also keep an eye out for business that look nice. Ms. Hett talked to Lori about the Library getting an award and she didn't seem to have a problem with that. Bob Frates asked about advertising for the event. Ms. Hett stated that a notice will be in the next newsletter that is due to come out shortly. Additionally articles will appear in the newspaper. Bob Frates asked whether the nominations were going to go through Laura or through Ms. Hett. Ms. Hett stated that they did not do nominations last year that they just judged everyone and plan to do the same this year. 6. NEW BUSINESS a. Volunteer Reception: A group discussion was held on where the volunteer reception was going to be held. The options are Lief Hansen Park or Merle Dean's home. Ms. Hett will talk to Ms. Dean to see if she still wanted the reception at her home. Ms. Hett will notify members of the location as soon as possible. The reception will be held on Tuesday, August 5 at 6:30 p.m., members are asked to bring cookies, vegetables and dip, sodas, and coffee. Ms. Hett stated there is probably only one new volunteer this year and it is anticipated that approximately 20 people will attend the reception. Karolee Hansen stated that a new volunteer helped her do some weeding this past week and will help with the sign in a few days. Ms. Hansen asked how often things got watered and whether or not she can use the sprinkler. Mr. Frates said that she can use it whenever she would like. Ms. Swarner has a broken sprinkler in the back of her truck that she will get to Mr. Frates for repair. Linda Overturf noted that she uses milk jugs to water those areas that don't have a sprinkler. 7. REPORTS Jeneane Overturf wanted her new phone number noted in the minutes, it is 283-5025. Ms. Hett didn't have anything to report other than that the beds look good, however, there is a couple that need work and the circle planter at the Visitor Center needs to be weeded. BEAUTIFICATION COMMITTEE MINUTES JULY 8, 1997 PAGE 3 Bob Frates stated that everything was planted except for the bed at the Chamber near the highway. Mr. Frates said that he will talk to the Chamber and if they don't do it, Parks and Rec. will. Linda Overturf asked if she could have the 2 flats of Dianthus to plant in the mounds and the remaining Purple Waves for the circle planters. Mr. Frates told her she could have them. Mr. Frates noted that the fire station looked excellent. Karolee Hansen asked if she could use English Daisies in some of the other mounds. Linda Overturf will ask Merle Dean about using them since she planted them in the other areas. Ms. Hett stated that the edging at Dan's and along the north wall at the Fire Station is a mess and needs some attention. Mr. Frates stated that his crew will look at these areas. Councilwoman Swarner was unable to get with Frank Hicks with the Mormon Church out north. They wanted to volunteer a group of people to work either at Lief Hansen or other garden areas. Their main thrust was going to be July 19 where they would put in so many hours but they were going to break it up to other times as well. Mr. Frates asked how many hours they were planning to donate. Councilwoman Swarner didn't remember but thought it could be as many as 150 hours. Mr. Frates stated that there is some work that remains to be done at Lief Hansen Park and he's been holding off waiting for this group. He further stated that it's a big job and Parks can do it but it would be a good job for them. Mr. Frates stated that the dead rose bush in front of City Hall will be replaced. Ms. Hett asked about the Bernie Hess Trail, stating there was a lot of grass growing there and perhaps the volunteers could work that area too. Mr. Frates stated there are many high maintenance areas that are going to be eliminated and that particular area on the Bernie Hess Trail will be one of them to be torn out. Councilwoman Swarner stated that she told Mr. Hicks that there will always be someone with the volunteer group to tell them what to do. She further stated that by having someone with them, we would know what was done and where. Ms. Benedict asked why they would volunteer so many hours. Councilwoman Swarner stated that the church is required by Salt Lake City to do volunteer work in their community. BEAUTIFICATION COMMITTEE MINUTES JULY 8, 1997 PAGE 4 Bob Frates stated that everything was planted except for the bed at the Chamber near the highway. Mr. Frates said that he will talk to the Chamber and if they don't do it, Parks and Rec. will. Linda Overturf asked if she could have the 2 flats of Dianthus to plant in the mounds and the remaining Purple Waves for the circle planters. Mr. Frates told her she could have them. Mr. Frates noted that the fire station looked excellent. Karolee Hansen asked if she could use English Daisies in some of the other mounds. Linda Overturf will ask Merle Dean about using them since she planted them in the other areas. Ms. Hett stated that the edging at Dan's and along the north wall at the Fire Station is a mess and needs some attention. Mr. Frates stated that his crew will look at these areas. Councilwoman Swamer was unable to get with Frank Hicks with the Mormon Church out north. They wanted to volunteer a group of people to work either at Lief Hansen or other garden areas. Their main thrust was going to be July 19 where they would put in so many hours but they were going to break it up to other times as well. Mr. Frates asked how many hours they were planning to donate. Councilwoman Swarner didn't remember but thought it could be as many as 150 hours. Mr. Frates stated that there is some work that remains to be done at Lief Hansen Park and he's been holding off waiting for this group. He further stated that it's a big job and Parks can do it but it would be a good job for them. Mr. Frates stated that the dead rose bush in front of City Hall will be replaced. Ms. Hett asked about the Bernie Hess Trail, stating there was a lot of grass growing there and perhaps the volunteers could work that area too. Mr. Frates stated there are many high maintenance areas that are going to be eliminated and that particular area on the Bernie Hess Trail will be one of them to be torn out. Councilwoman Swamer stated that she told Mr. Hicks that there will always be someone with the volunteer group to tell them what to do. She further stated that by having someone with them, we would know what was done and where. Ms. Benedict asked why they would volunteer so many hours. Councilwoman Swamer stated that the church is required by Salt Lake City to do volunteer work in their community. BEAUTIFICATION COMMITTEE MINUTES JULY 8, 1997 PAGE 5 Children's Garden Contest: Mr. Frates handed out flyers to all members regarding the Children's Garden Contest. He requested that members pass the flyers out to friends or anyone they might know that have children doing a garden. He pointed out that the cut- off date is July 31 as between then and the next Beautification meeting on August 12 several of the members can go out and look at the areas to judge them and perhaps invite them to the next meeting. Mr. Frates suggested handing out certificates or some seedling trees. Mr. Frates asked Ms. Hett to make some phone calls to ask for volunteers. Ms. Hett agreed to make the calls. Mr. Frates stated that a PSA went to the newspaper last week regarding the contest. Parks, Trails, and Litter Patrol Prop -ram: Mr. Frates handed out a flyer regarding this program and explained that it is underway and advertisements have been sent out. Mr. Frates stated that there were probably 4 people that stopped by the booth on July 41 that signed up to participate. The forms are at the Rec Center for people to some in and sign up for a particular area, he's got people signed up for the FAA field and Cunningham Park. There are probably 70 to 90 bags left so he encouraged the members to get people to stop by the Rec Center to sign up. It was suggested that copies of the flyers be made and handed out. Mr. Frates stated that benches worked on by the Care Center have been placed at Memorial, Municipal and Fourth Street Parks. He stated that he had two more benches left and he will wait to place them. There are approximately 6 to 7 more benches being finished by the Care Center and on top of that the Moose Lodge is donating a number of benches as well. Mr. Frates indicated that the Mayor had the idea of placing some of these benches along the bike paths. These benches will be installed in a way where they can be easily removed in the winter time. Mr. Frates stated that the Committee needs to be thinking about the extension plot and our little garden. The place is a mess and the 5 or 6 plants there should be dug up and ti- par laid down the plants replanted. There are a lot of weeds right now.. Mr. Frates suggested that the Committee be thinking about another trip to Anchorage to visit the greenhouse or to Bobbie Jackson's as well. If they decide to go he can make the necessary arrangements. Ms. Hett suggested visiting Homer as well and referenced an article in the paper recently regarding their garden. Linda Overturf stated they have a Garden Club in Homer and suggested that someone contact them for more information on tours, etc. Mr. Frates stated that Council has a discussion on Goals and Objectives in BEAUTIFICATION COMMITTEE MINUTES JULY 8, 1997 PAGE 6 August and suggested that Ms. Hett put this on our Agenda under New Business in order to be considered by Council. A group discussion was held on when the trip should be made. Ms. Hett will get the garden tour on the agenda for the next meeting. Mr. Frates stated that rain was needed very badly as some of our lawns are in real bad shape, especially at the softball green strip where they had the 4' of July activities the lawn got trampled. The big sprinkler is down at the moment and may not be going until later on in the week. Mr. Frates stated for the record that he may be looking at budgeting for another large water wheel which will be used on the large number of areas to be watered, these include the ballfields, Middle School field, etc. Councilwoman Swarner suggested that the flower beds and planters be soaked rather than just using the sprinklers. Mr. Frates suggested they be watered twice, once in the morning and once in the afternoon. Councilwoman Swarner stated that wouldn't help as you would just be watering the top and they need to be soaked. A group discussion was held on various types of watering techniques. Councilwoman Swarner also suggested that perhaps the water truck can be used on off days to sprinkle the flower beds. Mr. Frates stated that Parks and Rec should start looking at the possibility of getting another vehicle as the vehicle they use now to water is the supervisor's truck and it's tied up almost all day watering. 8. QUESTIONS AND COMMENTS: Barb Nord asked Mr. Frates if he had been called regarding the landscaping at the new animal control shelter and wanted to know if there was going to be something more than just grass and blacktop. Mr. Frates stated that whoever gets the contract will do just a minimal amount of landscaping but he was asked about the possibility of Parks & Rec going in and planting flowers and coming up with designs for trees, etc. Mr. Frates further stated that he doesn't object to it, it will just be added to his list. Mr. Frates was asked whether Parks would be asked to do any landscaping at the fire training school and he did not think so. Barb Nord stated that she personally felt that the money that then spent on the design for the various types of grasses that they were going to have at the animal shelter was outrageous. The worse thing about the whole thing was there n-as just grass in there and would only be in the back of the building where no one would s: e it. She stated the general public would only see the natural vegetation and the blacktop parking area and BEAUTIFICATION COMMITTEE MINUTES JULY 8, 1997 PAGE 7 the only the employees would see the grassy area. She further stated that unfortunately this plan meets the 5% rule so it's really difficult to work with. She suggested that something needs to be done in front for the general public. Councilwoman Swamer asked if the Care Center people can make more wooden flower boxes over the winter as the old ones are in bad shape with the bottoms rotting out. Mr. Frates will check with Marilyn to see if it would be possible. Councilwoman Swarner stated that some of these boxes can be used at the animal shelter to spruce it up. Mr. Frates stated that hanging baskets and flower boxes will be considered for that area. Barb Nord noted that hanging baskets and flower boxes were stolen from in front of the Senior Center. Mr. Frates stated that the fuchsias at the airport have been taken down and are in the greenhouse to be wintered over. Ms. Hett stated that the Kenai sign looks beautiful. Councilwoman Swarner suggested that Little Gem or LuLu Marigolds be planted at the sign, they are easy to grow and are spreading. Councilwoman Swarner stated that she saw some double petunias somewhere in Anchorage and they were very beautiful, she also saw vegetables (zucchini and cabbage) at the Fairbanks airport and thought perhaps we can plant vegetables somewhere here. Councilwoman Swarner suggested that blue salvias (Klarissa Blue) be used next year. 9. ADJOURNMENT: Karolee Hansen MOVED to adjourn, SECONDED by Nina Selby. Meeting adjourned at 6:30 p.m. Respectfully submitted, Barbara Roper CITY OF KENAI „ Od eCn4W 4 y414211" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 *V*Vvl *Anwimmy 1992 MEMORANDUM TO: Mayor and Councilmembers FROM: Carol L. Freas, City Clerk City of Kenai DATE: July 10, 1997 RE: RESIGNATION TO HISTORIC DISTRICT BOARD Rebecca Gabriel-Godek Attached is the resignation of Rebecca Gabriel-Godek from the Historic District Board. With this resignation, there are only six members remaining (a full Board is nine members). There are no applications for placement on the Board on file. The attendance record of the Board is attached for your information. July 1,1997 John Williams, Mayor Members of the City Council City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams and Members of the City Council, RECEIVED FJIL71 0 199i KENAI CITY CLERK Please accept this as my formal resignation as a member of the Townsite Historic Board. Due to the change in meeting times, continual delays and new developments with my current employer, I will not be able to attend meetings in the future. Should the opportunity present itself for me to hold another seat at a later date, I would appreciate that consideration. OU 0 M �w R I � Rebecca Godek 4444 Beaver Loop Kenai, Alaska 99611 cc: Marilyn Kebshull, Administrator m pa Q z M r.W -O X N O a limillommoll 11MIllommoll mills a%lso IM � 11101111 A. B. C. AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 2, 1997 7:00 P.M. KENAI 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. 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 E. MINUTES 1. *Regular Meeting of June 18, 1997. F. CORRESPONDENCE -2- G. OLD BIISINESS H. NEW BIISINESS 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. 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING JULY 2, 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 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Williams, Bookey, Swarner, Moore, Measles and Bannock. Absent was: Smalley A-5. AGENDA APPROVAL Mayor Williams requested council to add Bob Reynolds, British Petroleum, Mel Bosch, Fire Chief, BP Prudhoe Bay and Jim Montgomery, BP employee from Kenai as Item B- 2. MOTION: Councilman Bookey MOVED to approve the agenda as amended. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams requested the following change to the Consent Agenda: REMOVE FOR CORRECTION: E-1, June 18, 1997 Council Meeting Minutes Correct 6/ 18/97 Council Meeting Minutes by adding the following vote information on Ordinance No. 1747-97 at Page 5, immediately following the first paragraph (end of discussion on Item C-2): VOTE: Bannock: Yes Smalley: Yes Williams: No Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 2 MOTION PASSED. MOTION: Councilwoman Swarner MOVED to correct the minutes of June 18, 1997 as stated for approval. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Rita Smagge/Ronald Petterson - Kenaitze Indian Tribe/Municipal Park Ron Petterson, Tribal Chair, Kenaitze Indian Tribe - Petterson reported the Tribe had been approached by Herbert Shawn, Anthropologist at the Kenai Peninsula College in regard to the Kenai Lions' Club project to develop a handicap -accessible park area to be incorporated into the Kenai Municipal Park. Petterson stated the Tribe was not opposed to development, but wanted to be sure historical landmarks are preserved, i.e. nichils (barabaras) and cache pits (some of these have been dated to 1300 BC.) Petterson noted, he had discussed the matter with the Lions Club and they are willing to work with the Tribe in protecting the nichils and cache pits that are in the Park. The Tribe is also willing to work on signage to inform the users what they are seeing. The Tribe also asked that the city work with them to preserve the historic sites within the Park and any future development of the city where historical sites may be found. Petterson added, he was aware of the city's goals to attract tourists and felt an interpretation site would be a positive way to attract tourists to the Park. He noted, the Tribe's interpretative site at Cooper Landing has been very successful and that a second site was being developed. Councilman Moore stated Petterson's comments (during the meeting) were more friendly than those in the Tribe's resolution (included in the packet), i.e. "...cease immediately any further development of the Park." Petterson stated that after talking with the Lions Club, additional cache pits were found. The Lions Club wants to develop nature trails toward the valley and the Tribe would first like to do a site survey of the valley and mark any sites needing to be preserved. Petterson was asked if the Tribe had any objections to the development going on at the Park and he answered no. Petterson added, the Tribe had suggested to the Lions KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 3 they use wood chips for the walkway instead of compacted gravel as it would work better and was also wheelchair acceptable. Moore noted there would be a small amount of excavation to place the gravel or wood chips. Petterson added, he understood a road would be placed to the bluff for RV parking and this is where another cache pit was discovered. Parks & Recreation Director Frates noted the road and turnouts to be placed would be for wheelchairs. Petterson stated, the Tribe wanted to preserve what artifacts that are found there (cache pits and nichils) . Moore stated he supported the heritage and history of the people of the area and would be supportive of working with the Tribe. He asked if the Tribe had any problem with the work that has been done there thus far. Petterson stated no, other than the cache pit (close to the road). Petterson added, the Tribe was developing a brochure of the Park as well. Mayor Williams stated, he had discussions with city staff and all think the plan with the Lions Club is good and can proceed with it. He added, he didn't know if the city had any other development in the Park in mind, however, the city would contact the Tribe if there is any further development. He added, he thought Petterson's idea of doing a site survey of the valley was very good. Williams reported there was a suggested plan for redevelopment of the skating pond and creek and the survey would be helpful in the planning of that redevelopment, if it ever goes forward. Bob Frates, Parks & Recreation Director stated they planned to take out some of the dead spruce in the area. Councilman Bookey noted the Tribe's resolution objected to the development of the Park and wanted further development stopped. He added, he didn't agree with their statements as he felt development of the Park could be beneficial to both the city and the Tribe. Petterson agreed and added, the Tribe could amend their resolution. Williams stated, the council would not need to produce a resolution as the city administration was well aware of the council's thoughts on the development of the Park. He added, it was an administrative affair that would need to be looked at when development was being planned. Bookey agreed and added, he didn't agree with the Tribe's resolution as it did not say what Petterson was stating. Petterson explained that at the time the resolution was developed, their Tribal Council was upset that they had not been contacted before the development began. Moore asked where else, in the area, could cache pits, etc. be found. Petterson answered, throughout the whole Peninsula. Moore referred to city -owned property. Williams stated, the only other city -owned properties that may have similar sites would be Section 36 and Birch Island. He noted, the Birch Island property is half owned by the State and the other half by the city and that the area is up for KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 4 consideration for a major interpretative area. He added, he and City Manager Ross would be visiting with Parks & Outdoor Recreation later in the month to discuss the proposed project. B-2. Bob Reynolds - British Petroleum Reynolds stated British Petroleum was very impressed with the progress taken in the development of the Airliner Fire Fighting School and recognized Fire Chief Burnett, City Manager Ross, and Airport Manager Ernst for their work in expediting funding through the FAA, and their discussions with ESI in the development of their industrial unit which is to be built along with the city's ARFF facility. Reynolds stated his general encouragement to the council, mayor and Ross to proceed with the negotiations (with ESI) as the scheduling for use of the facilities was very important. He added, the schedule for use of the facilities was of interest to British Petroleum and the oil industry because they were now budgeting for training for next year. If the ESI facility was up and running, their employees would be using it instead of traveling out of state for training. Reynolds added, he was looking forward to the ground breaking of the ARFF and that he and Richard Campbell, President of British Petroleum would be in attendance. Mel Bosch, Prudhoe Bay Fire Chief, British Petroleum - Bosch reiterated Reynolds' remarks and noted the budgeting and scheduling for the facilities' use was very important at this time. He added, he was aware of other industries (Red Dog, Alyeska Pipeline, etc.) who would want to use the facilities and who were also developing their budgets and schedules for next year. He added, the facility would have to come off real well or it would turn off the industry. He added, that was why the Fire Training School (now open) had not been utilized by their industry as they were not willing to work with the industry and the industry continued sending their employees for training out of state. Bosch continued by reporting that an advisory committee would be meeting on July 21 to develop school policy statements, curriculum, operations, etc. The committee members will represent industry, municipal departments, and the State Fire Marshall. He explained that once their scheduling and budgeting was done, they would be committed to that plan for the year. Councilman Moore asked if the plan for construction of the ESI unit would be discussed during the council meeting. City Manager Ross explained he sent ESI a letter which listed additional information needed in regard to their proposal (specific site selection. etc.). Upon receipt of the requested information. draft proposals would be crafted and a work session set for council review (probably the third week of July). Williams suggested the work session take place during the July 16 council meeting, if KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 5 the information requested was received. Williams noted for the audience, ESI would be constructing a facility outside of the ARFF and was hoped it would be completed by April of 1998. Williams added, the longer the city delayed, the construction would be more costly for ESI to build. Ross noted, ESI would present their options to council during the work session. If ESI chose to develop the site on their own, they could work much more quickly. The faster ESI answered his questions, the faster the city could review their proposal, etc. However, the proposal ESI had offered was not in a form worth bringing to council. Moore asked if ESI was wanting to build their building in the same area as the ARFF. Ross answered, yes and the additional information needed was site size, water and gas line needs, whether a non -potable well will need to be drilled on site, etc. Councilman Bannock stated he wanted to see the program proceed and added, there wouldn't be anything to propose if they drag their feet, but he wanted it to be done correctly. Jim Montgomery - Kenai. Montgomery explained he was a Kenai resident and works for British Petroleum as a fire team member. As a resident, he urged council's support. He noted the cost of an employee who is required to travel out-of-state to attend training classes. He added, he saw ESI's project as a "big win" for the city. He urged the city's support and added, he planned to support the project. Williams stated, the city was committed to the ARFF project and he hoped an answer (in regard to the ESI project) would be formulated for the meeting of July 16. ITEM C: PUBLIC HEARINGS C-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. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1750-97 and Councilman Bannock SECONDED the motion. There were no public comments. City Manager Ross recommended defeat of this ordinance as another ordinance would be brought forward either at the July 16 or August 6 meeting. The new ordinance would combine both stages of the project and bid it as one project. FAA had approved the concept as it would make a better project. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 6 Councilman Bookey asked if all the bids had been rejected. Ross answered, yes. Williams stated, as a matter of policy he would prefer setting action on the ordinance aside. Measles suggested the new ordinance to be brought forward would be a totally different ordinance and that it would be appropriate to table action indefinitely. MOTION TO TABLE: Councilman Measles MOVED to table Ordinance No. 1750-97 and Councilman Bookey SECONDED the motion. Councilman Moore asked if the new amount would be in the range of $10 million. Ross answered no, he estimated it at $6.5 million. However, there would be a separate ordinance for $3 million to cover costs to Symtron for their product. The other ordinance would cover the contract, site work, etc. VOTE ON TABLING MOTION: There were no objections. SO ORDERED. C-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. C-la. Consideration of Ordinance No. 1751-97. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1751-97 and Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Measles requested an explanation of the difference between the original ordinance and substitute. Measles noted, the bid amount to be substituted was less than the amount on the original ordinance, even without inspection costs. Ross explained, the original ordinance included an estimated amount (prior to bid opening) and did not reflect contingency. The substitute ordinance amount reflected the actual bid and adjustments made in lowering the contingency. Councilman Moore asked why the contingency decreased. Ross answered, in consultations with the Public Works Director, building official and architect, and based on the design, they felt the original amount (10% contingency) was too high and changed it to five percent. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 7 Bill Kluge, Architect - Kluge stated, he met with Kornelis and Ross after the bid opening. He agreed the five percent contingency was in line with the complexity of the project. He also recommended the paving be done with the project as it would be more expensive, and would also cut down on dust control. He added, the $45,000 included on the ordinance was higher than five percent. C-2b. Consideration of Substitute Ordinance No. 1751-97. MOTION TO AMEND: Councilman Measles MOVED to amend Ordinance No. 1751-97 by replacing it with Substitute Ordinance No. 1751-97 marked C-2b. Councilwoman Swarner SECONDED the motion. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: No MOTION PASSED. C-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). MOTION: Councilwoman Swarner MOVED for approval of Ordinance no. 1752-97 and Councilman Bookey SECONDED the motion. There were no public comments. Ross reported staff had reviewed the ordinance and felt the Land Use Table was too restrictive in some residential areas. He requested action on the ordinance be tabled until Councilman Smalley returned in order for him to discuss the issue thoroughly with council. He added, Smallev too felt the Land Use Table too restrictive in certain areas. Ross noted, if the Table -,vas passed as it was now represented, it would take all discretion out of the hands of the Planning 8' Zoning Commission and council. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 8 Councilman Bannock noted, the Commission decided to fill what had been blank spaces on the table for more definition to the table and that it was a large endeavor for which the Commission should be commended. He agreed, council should wait for Smalley to return before taking action. Councilman Bookey stated he would not support the passage of the ordinance to accept the table as it was and wanted to wait for Smalley to return. Councilman Measles stated he was concerned the changes to the table made the table pretty rigid and had no room for special circumstances. He agreed, as it was, it took decisions out of the hands of the Commission and council. Measles agreed the blanks needed filling in, but was too rigid as it was presented. Councilman Moore requested a map be included with the ordinance to define what areas are zoned and added, he was not prepared to vote on the ordinance. MOTION TO TABLE: Councilwoman Swarner MOVED to table Ordinance No. 1752-97 (until August) and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. C-4. Ordinance No. 1753-97 - Increasing Estimated Revenues and Appropriations by $2,500 in the General Fund. C-4a. Motion for Introduction MOTION: Councilwoman Swarner MOVED for introduction of Ordinance No. 1753-97 and Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-4b. Motion for Second Reading (Requires a Unanimous Vote) KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 9 MOTION: Councilman Measles MOVED for the second reading of Ordinance No. 1753-97 and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. C-4c. Motion for Adoption MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1753-97 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: Smalley: Absent Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes Measles: Yes Bannock: Yes MOTION PASSED UNANIMOUSLY. C-5. Resolution No. 97-44 - Supporting the Alaska Statehood Act and Its 90- 10 Provisions Regarding Oil Royalties. MOTION: Councilman Measles MOVED for adoption of Resolution No. 97-44 and Councilman Moore SECONDED the motion. There were no public comments. Mayor Williams briefly explained the reason for the resolution. VOTE: Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-6. Resolution No. 97-45 - Requesting Safe Communities Funding From the Department of Community and Regional Affairs. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 10 MOTION: Councilman Moore MOVED for approval of Resolution No. 97-45 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public comments. Councilman Measles noted a correction needed in the third whereas; "eh" should be "the." A brief discussion followed wherein it was noted the "Safe Communities Program" was replacing Municipal Assistance. Revenue Sharing amounts would be sent separately. VOTE: There were no objections. SO ORDERED. C-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. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 97-46 and requested UNANIMOUS CONSENT. Councilman Measles SECONDED the motion. There were no public comments. It was explained that Alternate No. 2, placing 3" insulated metal panels in lieu of corrugated metal siding, was bid separately and not included in the final bid amount. Moore noted, Alternate No. 1 (paving) had been included earlier because it was a "good deal" and added, it appeared Alternate No. 2 was also a good deal because the cost was minimal. Ross explained, Alternate No. 2 was bid separately as they had hoped the cost would come in lower and it would be a deleted amount. The cost came in higher. Bill Kluge, Architect - Explained the difference between the two kinds of siding. He noted, Alternate No. 2, 3" foam insulation would increase the R-value of the building to 20 and cost less to heat. The rigid insulation as described in the contract would offer a R-value of 11. Kluge added, his recommendation would be to include Alternate No. 2. Moore noted, council had spent much more than the $6,500 for Alternate No. 2 for plowing roads and felt Alternate No. 2 should be included as it was a low cost for the good of the building. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 11 MOTION TO AMEND: Councilman Moore MOVED to amend the motion by adding Alternate No. 2 into the bid. Councilman Measles SECONDED the motion. Bookey asked Public Works Director Kornelis' opinion. Kornelis stated, cost -wise, it would be to the city's advantage to save the money as he didn't know how long it would take to recoup the energy costs. He added, their recommendation was what was included in the resolution. They thought it would save money because of the cost of the labor, but the bid for Alternate No. 2 came in higher. He felt it was a council policy decision. Williams stated it would not take long to recoup the $6,500 in energy savings. VOTE ON AMENDMENT: There were no objections. SO ORDERED. It was noted, the contingency had also increased. VOTE ON AMENDED MAIN MOTION: There were no objections. SO ORDERED. C-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. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 97-47 and Councilwoman Swarner SECONDED the motion. Council noted typographical errors needing correction in the first whereas and the "Now, therefore" paragraph. Councilman Bannock noted there was a $20 difference between the ordinance appropriating the money and this resolution awarding the contract. Finance Director Semmens explained, Kluge had offered to do the work at $19,220. A $20 revision would be done after the award of the contract. Ross explained, a change order for the inclusion of Alternate No. 2 would be prepared after the award of the contract. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 12 VOTE: There were no objections. SO ORDERED. C-9. 1997/ 1998 Liquor License Renewal - WITHDRAWAL OF PROTEST - Kenai Joe's/Beverage Dispensary. Approved by consent agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Councilwoman Swarner reported there was no meeting held since the last council meeting. She reminded all of the pie and cinnamon rolls that would be available for sale (sponsored by the Senior Center) at the 4' of July celebration. D-2. Airport Commission Councilman Measles reported the next meeting was scheduled for Thursday, July 10. D-3. Harbor Commission Councilman Bookey reported the next meeting was scheduled for Monday, July 7. D-4. Library Commission Councilman Moore reported the next meeting was scheduled for Tuesday, August 4. D-5. Parks & Recreation Commission Councilman Bannock reported the next meeting would be held Thursday, July 3. D-6. Planning & Zoning Commission It was reported, the minutes of the June 25`h meeting were included in the packet. D-7. Miscellaneous Commissions and Committees KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 13 D-7a. Beautification Committee Councilwoman Swarner reported the next meeting was scheduled for July 8. She also noted the volunteers were busy weeding and caring for the various flower beds in the city. New volunteers were welcome. D-7b. Historic District Board Councilman Moore reported the Board met on June 16 and the minutes of that meeting were included in the packet. He added, the coffee house issue had been reviewed by the Board and the Planning & Zoning Commission unanimously voted yes, allowing the conditional use permit for the business. Moore noted, the issue would probably come before council in the future. D-7c. Challenger Board Councilman Bannock reported the next meeting was scheduled for Monday, July 7 at 4:00 p.m. at the Challenger Office. He noted, in discussions it was brought to their attention his position on the Board was to have an alternate to represent the city. He asked Councilman Smalley to be his alternate and Smalley had consented. Bannock asked if council had any objections to this appointment. There were no objections. D-7d. Kenai Visitors & Convention Bureau Board Councilman Bookey reported the Board met on June 26 and decided to fully fund their operation, replacing the $15,000 not funded by council. The Board also set a $2.00 fee for visitors to the nature and cultural rooms. D-7e. Alaska Municipal League Report Councilwoman Swarner referred to AML awards and conference planning information distributed at the beginning of the meeting. She suggested council consider apply the Economic Forum as an entry for the AML awards. ITEM E: MINUTES Regular Meeting of June 18, 1997. Amended and approved by consent agenda. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 14 ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS None. ITEM H• NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles MOVED to approve the bills to be paid and ratified. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Measles MOVED to approve the purchase orders exceeding $2,500 and Councilwoman Swarner SECONDED the motion. Councilman Bannock questioned the cable costs for the Congregate Housing. Director Porter explained, they were billed once a year for the 40 units. The cost breaks down to $14.95 a month per unit. Porter also noted the purchase order for snow plowing was done early to be ready for winter. Councilman Bookey questioned the purchase order to NC Machinery for an arm and boom assembly. Kornelis explained, the cost was included in the budget and was for the 1966 loader. Ross explained the $5,000 purchase order for inspection fees was for the crash truck. He added, factory representatives travel to Kenai and give an overall inspection, pressure testing lines, etc. VOTE: There were no objections. SO ORDERED. H-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. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 15 Introduced by consent agenda. H-2. Approval - Request for Letter of Support/Health Communities, Healthy People Grant Application. Councilwoman Swarner noted this was a different group than what she and Administrative Assistant Howard had been involved with and suggested more information be received prior to council writing a letter of support. There were no objections. EXECUTIVE SESSION - None Scheduled. ITEM I: ADMINISTRATION REPORTS I-1. Mayor Challenger Center - Mayor Williams noted there were letters included in the packet in regard to the intent language in the capital funding bill. Bluff Erosion - Williams referred to a letter included in the packet from the Corps of Engineers stating they had finished a reconnaissance study of navigation and erosion control problems along the bluff. In their letter, they stated they could place a 1,500 ft. bulkhead at the toe of the bluff below the Senior Center at a cost of about $3 million. A feasibility study would have to be completed first and the city would have to share the cost on a 50/50 basis (up to half of the city's share could be in -kind services). Williams noted, the project would have to be expanded and begin at the cannery and extend to the mouth. He suggested that cost would be approximately $15 million. Williams asked what the progress was of Bill Nelson's grant to Science & Technology which might give some indication of the cost. Ross reported he had gotten DEC to sign off on a portion of the application to be able to handle the asphalt bluff problem and if Fish & Game signs off on it they will then submit it to Alaska Science & Technology. Ross continued, the Harbor Commission would be reviewing the Corps letter and study at their next meeting and will forward their recommendations to council. Bookey noted, costs for a feasibility study would be 50/50, but cost of construction would be a 60/40 split. Williams referred to a study done by the city previously which cost approximately $500,000. He asked if that cost could be included as part of the city's in -kind costs. Bookey stated, when the Corps representative spoke to the Harbor Commission previously, he was asked if any of those costs could be used as in -kind services. The representative stated, probably none. The feasibility study's estimated cost was KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 16 $500,000 to $600,000. Bookey added, Congressman Young had suggested getting the Corps out of the way and having the project funded (through the congressional delegation) in order for the city to proceed on their own. This would be the most logical way. Ross stated he concurred with Young, however, with the present report, the Corps would have to be on the city's side to overcome the resistance of the state agencies in order to proceed with any project at the bluff. Moore reported he was aware of two to three residents along the bluff who had personally taken on extensive stabilization projects on their private property within the city. He suspected they would have to have approval of the projects through the city. Williams believed they would have problems with the agencies, but was not aware of any permitting the city would have to do. Williams stated he thought administration should review the report and keep the project close to the top of the future project list. Measles asked if there had been indication of what a feasibility study would cost. Bookey answered, $400,000 to $600,000 for a full study. The Corps was to report back with a more definite amount, but they had not yet heard from them. He added, the cost was based on a point system. Habitat for Humanity - Williams reported a method of donating money to Habitat to do their work and increase the city's tax base was still trying to be worked out. He proposed the city could make an outright grant to Habitat for $20,000, which after some discussion with administration, it was found to be the only way to make the donation. Bannock stated he had supported Habitat in the past and would support the donation if there was a way to attach strings that would insure the funds donated would be used for development of Habitat's presence in the City of Kenai. Williams stated, the grant could be in a manner to specifically allocate the funds for construction materials on a designated property in Kenai. However, care would have to be taken in the manner in which the grant would be presented and to what it was tied. Bannock stated, that was his point. The grant should have strings attached. Bookey stated he would not support the donation if the funds would not be used for anything but putting in water/ sewer lines to new Habitat homes within the city because that would be what the funds would be used for anyway. Williams stated, not necessarily and continued, if the funds would be given to Habitat and noted the funds had to be used for construction materials for a house at a specific location, there were other funds available to Habitat to do other work. Bookey stated he would not support the donation. Swarner stated, the new budget had just started and objected to supporting something that was not in the budget and would have trouble supporting anything at KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 17 this time that was not in the budget. She added, she did support Habitat and would support donating a lot on which to build a new home. Ross noted, there were no foreclosed lots available that had been assessed at $10,000. Williams stated, he was aware the donation was not included in the budget, but council had discussed the issue for several months trying to find a way in which to make such a donation. Measles stated his biggest concern was that if they made such a donation, it would open the door for lots of problems in the future. There were several good non -profits in the area who could argue they too were deserving of a grant from the city for the betterment of Kenai. He added, he didn't think council should consider making donations of taxpayers' money to specific organizations unless specifically instructed by the taxpayers. No donation was approved. I-2. City Manager Disadvantaged Business Enterprises (DBE) - Ross reported the city had suspended issuing DBE certifications for the purpose of bidding for federally -funded projects. The suspension was due to the receipt of a letter which forwarded 120 decisions to review and a request to review the city's past certifications in light of the decisions, in order to see if the city's certifications had been appropriate. The past certifications were being reviewed. They didn't want to certify new applications if errors were made in the past. Ross added, he was informing council of the concern in case they received complaints from applicants for certification. Moore asked if there were any problems in connection with the taxiway extension bidding. Ross answered, no. He added, the review of some of the past certifications would take more time than others. In order to not hold up DBE applicants, they may go to the State to get their certifications. Spruce Street/Kenai Avenue Turnaround - Ross reported, approval was received from the Kenai River Center and the Corps of Engineers to enlarge the turnaround. Cost will be about $500 to rent the equipment needed. The work would be done by city crews. Barricade at Mission Avenue - Ross reported the Fire and Police Departments had investigated the concerns brought to council by Clarence Ladd in regard to accessibility to residents along Mission Avenue and parking of visitors in front of the barricades, etc. If the barricades are moved down, visitors would probably drive down to see why the barricades were there. Therefore, they would block off the street in that location and monitor the parking. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 18 Walker Lane/Gully - Ross stated, he would not proceed with a plan for a zoning change, etc. in that area unless directed by council. RV Park Signage - Ross reminded council of his previous request for them to consider placing State signage in the State right-of-way noting RV park destinations in Kenai. The signs would be blue and 24x30". He added, the total cost would be $250 to buy and place the signs. Bookey stated he did not object to placing the signs during the summer months, but felt they should be removed at the end of the summer. When asked if the signs could be taken down in the fall and replaced in the spring, Kornelis stated thought it would be possible. Ross noted permission is required from the State each time you place something on the right-of-way. There were no objections to placing the signs, and some of the council felt the signs should be taken down in the fall and replaced in the spring. Kenai River Special Management Area Board (KRSMA) - Ross reported he accompanied City Engineer La Shot to the last KRSMA board meeting at which time there was a teleconference with Commissioner Shively. Ross stated he expressed council's opposition to the inclusion of the lower four miles into the plan and told him there was no justification for doing it. Ross reported the plan was approved prior to the meeting and sent to the Commissioner. Also, Robin Nyce was trying to identify areas of conflict within the plan and would be talking with the fishers. Ross suggested, after discussing it with La Shot, the city should be represented by a council member on the Board. Because of the issues the Board addresses, Ross suggested Councilman Moore represent the city on the Board. He added, if Moore was willing to represent the city, La Shot would offer his technical skills. Ross stated he believed the Board appointment was approved by the Governor. Measles stated he believed who represented the city was at the council's discretion. Moore stated he had a vested interest in the River and concurred with council in regard to the lower miles. He stated he would represent the city on the KRSMA Board if council desired. Ross added, the Board was relying on information from various agencies. That was why he believed the city's representative should be an elected official. Bookey agreed. There were no objections from council to the appointment of Councilman Moore to the KRSMA Board. I-3. Attorney No report. I-4. City Clerk No report. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 19 I-5. Finance Director No report. I-6. Public Works Director Public Works Director Kornelis reported: a. He wrote a letter to DOT drawing their attention to the signs and wood pallets along the right-of-way which was brought to his attention during the last council meeting. He requested they have the area cleared. b. Pat Beckley, DOT area planner retired and Murph O'Brien had again taken the position. C. He and Bob Frates, after looking at the stairs from Forest Drive to the beach, discussed how to better handle the approaches to the stairs. He received a quote for a platform to be placed at the top of the stairs and that information would be brought to council at the next meeting. I-7. Airport Manager Assistant Airport Manager Holland reported the monthly report was included in the packet. He noted there was no enplanement information from Yute Air included. Also, the new Southcentral Air aircraft was expected to be on-line in the near future. Swarner asked when the gift shop lease would end. Holland answered, approximately two years. Swarner added, she had been to the gift shop and it was not open. She requested the lease be reviewed to see whether the lessee was performing as to the lease agreement. Ross stated he had discussed the matter with Airport Manager Ernst and he would be monitoring their hours of operation, etc. They are investigating whether the lessee is complying to the lease agreement. Swamer complimented the airport restaurant and the food served ITEM_ J: DISCUSSION J-1. Citizens None. KENAI CITY COUNCIL MEETING MINUTES JULY 2, 1997 PAGE 20 J-2. Council Bookey - No comments Swarner - Swamer noted the following concerns: a car with a broken out window behind the old Tesoro station; a boat and trailer on Fourth and Spruce sitting on city property; junk around trailers by the Middle School; collection of items, both in front and behind the auto shop by Louie's restaurant. Swarner also complimented Robin Feltman and Sheryl Paulsen for taking their own time to hang new wallpaper in the city hall break room and added, Paulsen and Feltman should be commended for their taking the time to do it. Moore - Reported he may not be in attendance at the July 16 meeting due to probable fish openings. Moore also asked the procedure for removing vehicles in the no - parking area at the end of Spruce and Kenai Avenue. He added, people seem to be ignoring the no -parking signs. Police Chief Morris stated the seasonal officer would be patrolling the area at least four days a week and maybe more during the dipnet season. There was the possibility additional people would patrol the area as well in order to circumvent problems during the fishing season. Moore complimented the maintenance of the Little League fields. Moore also reported he had received several calls in regard to the possibility of the Walker/ Lawton green strip being rezoned. The callers were in favor of the rezone. Measles - No comments. Bannock - No comments. Smalley - Absent. ITEM K: ADJOURNMENT The meeting adjourned at approximately 9:04 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk J S J z 0 Q w c z O a_ V U) w 0 w 0 c z w co (D0) o o m cn L6 06 o N cc O Lq C'7 64 c 64 N EA 69 U) w J U) Z CA < H w w0 D U) 0 Q U Z w Z w' z U w Z J Q z = U 1- F- Cn Y O D O w 1� w CO O O U cr 0 > EE > z z z z > w 0 Y O Ix LL w U- = J Q U w w 0 Z O a z z w (� O U (_q z � w J Q Z fA z Q w }LL Q Z O w w z (D CO LL w O Q 0 w Ir Z 0 0 Q °� 0 2 d J CO m z 0 H IL U N w c N H z LU �0 w z > z z > 4,1 O O o O O O O O O O O O O O o O O O o O O v O O O O O O O O O O O O F- U') O O O CO O U') O qr O O co O O N O O Z N O O O O O .qr O � CM O r Ll- O r O O Lr M O O O O 00 O N IQ V O O ti U O LC) c0 M C7 LO O 00 rn IT � m Iq It O � N (1) r r lL) Q U) U) Ct) W w w a a a a a a z z z z z D a U) B o a O 0 O O 0 z z z � z z z Z z �n z z w w z z a a s w a a z Q�Q a cn cn E= F= a s Q m� � W U 0 0 w w U U a z a O a_ > a a O m w O O 2 2 w w w w Q � w w w w w w w w H w w U U F. } co U) Cl) Q w O Y U Y O w w 00 O w Q W Lr w X O o ¢ m CL a >¢ >Q v� m Q w LL L.L LL d a J U) > > > J U > U) w 0 w w a- z O CD 0 p w a O a J w Cl) Z ~ a m w U F- w w W J w w ('J d a w LL. LL W' N w W m z Ur w cn a cn J Z Z 0 LL J wz O O w0 0 O m w z z a Q � LL W o Z Z (n W w (n J_ O (�Q J J LU ly w O a O W w W W Z 0 W Z Q a F_ `1 d 0 w � J C� m a ci m z z X W C3 -' U a z C7 w a z J W _' LL O O x to h- a U z U a s w a > > CO) �Q JJ U U 2w ~ H W m ZW 2 Z 2 Z p °c=n > LLLi LLLL zM Lw—L 0 LLLL °� LL Q Q 0 0 � -�- '� F � w m p z w a w o W w 0 C9 a D J U z 2 O Q (j Z D 0 U W W J W J U d' O Z 0 0 W Z U w Q = D z U Y -' a U OF- O a 2 > w O Q m z Q cn m Q z Q 0 w c� m F- m U_ >_ 2 cn O z O (n Z W ~ Z J a U W W _Z U LV z w F Q U w' U) U a O F_ ' z w 0 } U W a Z LL Z a Cl > a Lai 0 0 0 0 F- Z Q a F Y Z a RECEIVE CITY ADMIN. OF KENAI City of Kenai Mr. Keith Cornelis 210 Fidalgo Kenai, Alaska Dear Keith, John D. Bierdeman P.O. Box 8214 Nikiski, Alaska 99635 283-5272 July 7, 1997 RE: City of Kenai, Section 36 Special Use Logging Permit The logging in section 36 of the City of Kenai under special use permit has concluded since spring break-up. Approximately 40 acres has been cleared of dead and infested "beetle -kill" spruce. This was completed during the winter period, February 1, 1996 to April 1, 1997. I am requesting an extension of the special use permit which will allow continuation of removal of dead and infested trees. The requested extension period is from August 1997 to August 1998. Thanks, John Bierdeman TONY KNOWLES, GOVERNOR DEPARTMENT OF NATURAL RESOURCES DIVISION OF FORESTRY March 26, 1997 John Bierdman P.O. Box 8214 Nikiski, AK 99635 Dear Mr. Bierdman: Re: KK95-32 Inspection Report Kenai -Kodiak Area Office Mile 92.5 Sterling Highway HC 1 Box 107 Soldotna, AK 99669 Phone: (907) 262-4124 FAX: (907) 260-4263 An inspection of your timber harvest operations on lands owned by the City of Kenai was conducted on March 25, 1997. This correspondence will serve as report of this inspection tour. I meet you along the spur road and we then proceeded to the timber harvest area. We walked through a portion of the area that has been logged this winter. As an estimate, operations have been conducted in approximately 40 of the 54 acres included in your harvest area. Some additional dead timber remains in the area that has already been operated. You indicated that you plan to go back through this area to complete a final clean-up of dead material. Access into the harvest area is being gained through an old landfill located along the Spur Road. Short winter season roads have been developed to log landing sites. Skid trails into the harvest area extend from the landings. Equipment used for logging operations include JD-450 dozers. Trees are being felled with chainsaws and whole -tree skidded to landings. Review of your timber harvest operation indicates no compliance problems or discrepancy with FPA Regulations standards. Access roads are relatively flat topography and will not generate any erosion problems. Felling and skidding operations have created only minimal impact on live residual trees. During the course of the inspection, we discussed your plans or itinerary for completing the timber harvest on this tract of land. Apparently your contract with the City of Kenai has limitations for summer operations. It was recommended that you visit with City staff to discuss the possibilities of summer harvest. The mechanics of logging during summer months creates disturbance to surface vegetation. The end result is the creation of micro sites that favor natural tree regeneration. Without summer logging or specific scarification operations to develop suitable seed beds, the probability of achieving reforestation of the harvest area is quite low. Thank for taking the time to participate in the inspection tour. Sincerely, Wade W. Wahrenbrock Forest Practices Forester cc: Steve Albert, ADFG Gary Saupe', ADEC Glenda Landau, KPB CITY OF KE . N� Odeat441aw., 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bV**%4 'II�II 1"2 MEMORANDUM To: Mayor John Williams and City Council Members From: Richard A. Ross, City Manager r_ Date: July 11, 1997 RE: Lease Application—Hertzl Benyamini Development, L. P. for Lot A-2 Baron Park Subdivision No. 6 On July 11, 1997 Mr. Benyamini requested through Mayor Williams that the above -referenced lease application be placed before the Kenai City Council. In June Mr. Benyamini had indicated that he or a representative would appear at the time of Council consideration. He now advises that a personal appearance is not possible at this time. CITY OF KENAI ►► Gd 4 4&d+4a ,► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 - _ FAX 907-283-3014 k2l" a, 11111f 1"2 m oran u rn Date: May 29, 1997 ", Ix To: Richard A. Ross, City Manager From: Kim Howard, Administrative Assistant RE: Lease Application - Lot A-2, Baron Park Subdivision No. 6 Attached is a lease application submitted by Herd Benyamini Development, L.P. or Nominee, for the above referenced property. The property is adjacent to Marathon Road, behind the King's Inn, and shown on the attached map. The applicant intends to build a 126,000 square foot commercial retail building on the property. The property is airport land. Prior to leasing the site, an appraisal must be reviewed and approved by the Federal Aviation Administration. The Planning and Zoning Commission reviewed the application at their May 28 meeting. The Planning Commission recommended that the City Council proceed with the lease of the above -referenced parcel. The Commission agreed that the parcel was appropriate for retaillcommercial development. The Commission also recommended that the lease stipulate that no clearing of the property be allowed until a bonafide plan for development is submitted to the City. KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the Lease Application, an appraisal can be ordered. Cc: Hertz] Benyamini Development, L.P. /kh Attachments iH _ �Pt., I E11HI FDR GITZ VIVLI CITY OF I-ENAI 210 Fi�alto Ave., Kenai? Alaska 99611 '33-;530 LEASE APPLICATION Data Rtraived &dY i-, Time /,/-.wf. LOcatr.on ,c ignature am -titlt) Name of Applicant � L M14L-bW DPjL T- LP �w M ial\�F2 Address 355 ELM kV, 11576 Business Name and Address _5PM& fq5 A,rVIE Kenai Peninsula Borough Sales Tax No. /401- RPPhCg84; (if applicable) State Business License No. QT APPIICA_$lE (if applicable) Telephone 516 1 d - IaI o. Lot Description IQt k-L - Desired length of Lease _ q"QAcs Property to be used for Description of Developments (ty-pd, construction, size, etc.) L, i� 1 I - 1 nI i _ WATU te_ - �cPe �Camd,n� l to Lh Sk&o CrnZe - saw n4sp 45 or, ey ZA�L f ll f Tr a pha Attach development plan to scale (1" = 50'), snowing all buildings planned. Time Schedule for Proposed Development: Beginning Date kjakt RMA 1 � 'Proposed Completion Date Estimated Value of Construction Date : � �3 �Qag Signed : T,VXk1 i Date : Sia•,ed: 1 I IH1 l_.__ - 11 1_-t-I•I I t I t L11"-L =._'1 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST 3E COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1 50 f t . * , and must show layout of the lot applied for -and the location of all improve- ments proposed. Drawings must show: 1. Existing buildingsj- pbpi�,�BI` 2. Proposed buildings 5}„a✓ 3. Parking facilities (how many spaces and :)here located) ��p ss1C 4. Site improvements a. Areas to be cleared and method of disposal fio b. Proposed gravel or paved areas 4E C. Landscaping plan (retention of natural S*totorl cnl vegetation and/or proposed planting areas) -hq_s.ie-P 5. Building set backs 6. Drainage plan and method of'snow removal 7. Circulation plan (all entrances; exits and 1540Zr. {16 CoAreiPT on -site access) 8. Location of sign(s) - sign permit required Te gc= EN61tj6E ee 9. Fencing 6Hc-=N 6rtE (�L�N 10. Curb cuts (where applicable) 11. Building heights-•o' > 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 yD 1!01,3/ *This does not have to be drawn by an architect or engineer. 2 i 1H r lz _ '� , L" : I UPf l _ 1 T'," I_IE ! E! IH I - ' :; -:o -4 BUILDING INFORMATION On this sheet submit a drawi•6g of building planned, drawn to scale. Scale: 1" = Ft . Construction Haterials (wood frame, steel building, etc.) C��cR�rE 8�oc LJ,T�. ps. �oc-c�oN o4 1 cct o trS���cco THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Si EF AT`T^c NcD Note: If a prepared drawing is submitted, attach to this application and disregard this page, Filling in construction materi-1: only. 3 Description of Property �7 O,c CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost o Zoned for Permits required Assessments Insurance required a�r�s V� Construction must begin by �a✓ Completion date for major construction THIS APPLICATION WILL BE MADE A PART OF THE LEASE Plannin Commission Approval: 01*1 gym Date of Approva �� �� Chairma City Council Approval: By: City Clerk , Date of Approval 4 y Le Jc LG7 A ' /$3% o: r , t I- i Ip •„tor ` .� �/ � I .= . I ' I0 Q r. 10 k(tw-. ; F 10 ,1 e O0 'VJ Y.C: ]rt o � I 'r.3E Ce �p'•nJ1 n_ gl TwF IL 45RA..'t'•r a•, lerapr 0t�agrrgr,- �c rr•n•,u.r n^�, rwrv.n: fw lr1_ ct+h s[r6,eTroti ne•••s - - TMf jwol,Y.i.on nee Nrr rr.,>rre e/f rl Jpere.r ., fYDr1!I rJ ." n01-f apR a 1 ` z T q y a 4 9 R l PUBLIC\� �C AIIEAS q 4211 U 0/V OJ4i1' ploy r r ` 9 *_ =' UNIT H-6 4 �.Q e . i0 . •, (tom` �, �i • � � � ' 1 _" �`. LOT A.2 0 r UNIT 3 „.,,_- BARO/V PARXo6 LOT A- I 4� P� t PARCEL PENDING) MARATHON R0 Z-As Z-B I �UNjlT H-2 I TRACT 9.1 N.O.A.A. !_EASE 0 3 = IN �Z oL WNIT H-3 IQl UNIT 8 - 2 1 O c c c:st-� Z I CRICKE- 0R z Planning & Zoning Cot. ►mission Page 3 Minutes May 28, 1997 wanted was for them to provide the designated parking and if they have an area they propose to landscape, to put it in the general plan. Bryson added that presumably snow storage would be addressed at that time. Goecke asked if it could be included in the motion that they come back to the Commission with a definitive landscape and site plan review. Glick stated the motion states they will postpone it until they do, or won't take it up. MOTION SECONDED BY GOECKE. Bryson asked how many parking spots the business is short. La Shot stated he would have the Building Inspector delineate how many spaces are required when it comes back to the Commission. La Shot noted there is a lot of space available. Kebschull advised she had discussed the plan with the Building Inspector and noted that he wanted the Commission to be aware that the parking area is actually a gravel lot. Kebschull added that it is difficult to ascertain parking required because of the proposed incubator businesses and not knowing what type of business they will be. Kebschull noted the area to the north on the drawing is all gravel and will be available for parking. Bryson asked if this a matter of the architect not being able to define the use so they cannot make an estimate. La Shot stated he wasn't sure adding he thought he would be at the meeting to answer questions. La Shot noted he didn't have a problem postponing action. VOTE ON AMENDMENT: _ BRYSON YES WERNER-QUAD= YES GOECKE YES NORD YES MAHURiN NO CHRISTIAN NO_ GLICK YES _ PASSED 5-2.. POSTPONED. b: Leaae Application_-Hertzi,Benyamini-Development, L.P. or Nominee, Lot 2-A, Baron ty, Park Subdivision No. 6 CHRISTIAN RECOMMENDED APPROVAL OF THE REQUEST FOR LEASE APPLICATION. MOTION SECONDED BY MAHURIN. La Shot stated the question at this time is if the use complies with the zoning. La Shot noted that the developers are hesitant to give out any more information. La Shot stated the intended use is fine for that zone. La Shot stated that in the future he will have additional comments depending on what the developers bring forward. Bryson clarified there was no description other than commercial, retail. La Shot advised none. Bryson noted this seems somewhat more conceptual rather than a specific lease application. Bryson asked if he wondered if conceptually a finding that a commercial/retail development in this are would be appropriate rather than a specific lease. Bryson stated he would defer to staff on this. Glick asked if they conceptually agree that this type use is in agreement with zone rather than approve the lease. La Shot asked if they wanted more information adding he didn't know if they would provide more. La Shot reiterated that the question is if the use if proper for the zone. Planning & Zoning Commission Minutes Page 4 May 28, 1997 Bryson asked if there was a withdrawal of the prior motion he would consider a more general recommendation. Goecke noted the only thing administration wants to know is if the Commission thinks the city should lease this property to a retail vender. Goecke added it doesn't make any difference what type of retail business it is, just if the Commission thinks it is a good spot for a business. La Shot stated the nature of these things is that the developer has other plans that are not being divulged at this time. La Shot advised the administration will fashion a lease so that the property is not tied up too long if it doesn't develop. La Shot noted that if it things do develop, a landscape/site plan will be brought forward. Goecke stated the developer would have to do something fairly soon, noting the construction startup date provided by the developer. La Shot stated there is no guarantee as to how bonafide this application is. La Shot noted that anyone can come forward with an application but it is up to administration to make sure they do something within a specified time frame. Christian stated his concern that this is a large chunk of land and they may go in and clear and gravel it up not knowing how long it would be left like that. Christian stated they have no way of knowing how long it will be that way. Goecke stated it is already gravel. Christian stated he thought that was the Baron Park along the airport that was gravel. Smalley noted it is right across from K-Mart. La Shot noted this parcel is fully treed. La Shot stated the gravel pad is Baron Park No. 3. Christian stated he would hate to see this approved unless there is a proposal that they will be building as soon as they could. Christian commented he would hate to see another gravel pit. Smalley noted that Mr. Goecke's discussion was correct and the Commission is being asked if the city should enter into a lease agreement with a retailer to develop a business that is appropriate for the area. Smalley noted the developer will have to come back with a plan before they do anything with the property. Mahurin asked if it is appropriate for the lease ag ant to stipulate that there will not be clearing before the city is aware and there is a bo . plan. La Shot noted that he believes it would be an appropriate to make that recommendation to council, no clearing take place without a bonafide plan. Glick asked Councilman Smalley if he felt the council would approve of that recommendation and Smalley advised yes. Glick noted they would need a motion to amend the motion. CHRISTIAN AMENDED THE MOTION TO RECOMMEND THAT COUNCIL NOT ALLOW CLEARING OF THE LAND UNTIL SPECIFIC PLANS ARE SUBMITTED BY THE LESSEE. GOECKE SECONDED THE MOTION. Bryson stated he feels it still misses the point that conceptually they presumably agree that the area is appropriate for retail deveiopment. Planning & Zoning Commission Minutes Page 5 May 28, 1997 CHRISTIAN WITHDRAW THE AMENDMENT UNTIL A MORE SPECIFIC AMENDMENT SUGGESTED. BRYSON PROPOSED AN AMENDMENT TO REPLACE ORIGINAL MOTION IN FULL TO THE EFFECT THAT THE PLANNING COMMISSION FINDS THE PROPOSED PARCEL APPROPRIATE FOR RETAIL/COMMERCIAL DEVELOPMENT AND RECOMMENDS THAT THE CITY CONSIDER ENTERING INTO A CONTRACT FOR LEASE WITH THE APPLICANT. MAHURIN SECONDED THE AMENDMENT. Glick explained the motion replaces original motion. MAHURIN AMENDED MOTION TO ADD THAT THE PLANNING AND ZONING COMMISSION RECOMMENDS TO CITY COUNCIL THAT THE LEASE HAS LANGUAGE STIPULATING THERE WILL BE NO CLEARING OF THE PROPERTY UNTIL A BONFIRE PLAN SUBMITTED BACK TO THE CITY. CHRISTIAN SECONDED THE MOTION. VOTE ON AMENDMENT NO. 2: WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES GLICK YES MOTION PASSED —UNANIMOUS. VOTE ON AMENDMENT NO. 1: Glick explained that it this amendment passed it would replace the original motion. GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GLICK YES MOTION PASSED —UNANIMOUS. Smalley noted that procedurally when a motion is made, it is owned by the body and it cannot be removed by the maker unless it is allowed by body. Christian stated he tried to remove the motion but was not allowed to. Bryson stated he believes that anyone on the Commission could take issue with the action and stop it, not just the maker of the motion. Smalley agreed. Bryson called for point of order advising a need to vote on the main motion as doubly amended. Glick stated he thought Bryson's motion, the way it was worded, replaced the main motion. Discussion and agreement that the Commission needed to vote to approve the motion as doubly amended. VOTE ON MOTION AS AMENDED: Planning & Zoning Commission Minutes Page 6 May 28, 1997 I D YES MAHURIN STIAN YES BRYSON NER-QUADE YES GOECKE K YES ION PASSED —UNANIMOUS AS AMENDED. c. City Land Sale —Ten Lots in Inlet Woods Subdivision YES YES YES BRYSON MOVED TO RECOMMEND THE TEN INDICATED PARCELS BE ADVANCED FOR SALE. CHRISTIAN SECONDED THE MOTION. La Shot stated nothing additional unless the Commission finds any lot that will be needed for public purposes. Bryson asked if Parks and Recreation has looked at the information to evaluate if a park would be appropriate in this development. La Shot stated that to his knowledge they haven't. La Shot stated that could be a recommendation or as the back of the subdivision reviews utilities, maybe a lot in the back would be appropriate. Smalley stated that in an attempt to help bring Inlet Woods to closure, this is one of the parties to which the city is owed and these ten lots are owned by a different individual than the family who started the addition. Smalley stated the city contacted the individual and paid an amount of money for quit claim deeds on the parcels so the city doesn't have to wait ten years for clear title. Smalley stated the idea was to get building lots available this summer. Smalley added the idea of a park is a good one. Christian asked Smalley if the city is thinking in terms of a park or recreation area. Christian commented he felt the central area would be more appropriate for a park. Smalley stated the council was not thinking of a park but the plan was to get lots on the market for building. Smalley noted building is down because of the non -availability of building lots in the city. Bryson stated in looking at Attachment A, the area seen is about half of the subdivision. Bryson stated that even beyond the top of this is half way through the subdivision adding there is still lots of room for a park in the future. Smalley stated there are another 128 lots the city is soon hoping to have control over in the near future. Werner-Quade asked Smalley if the Inlet Woods situation still in litigation. Smalley stated it is with the judge right now in foreclosures and the city is trying to get him to make a decision. Smalley stated they hope that the motions being filed bring resolution to it. Smalley stated that they need to be careful so that they end up with the property with title. Werner-Quade asked if the prospective buyer would be purchasing the land from the city and Smalley advised yes. Werner-Quade asked about status of water and sewer. La Shot stated all the water and sewer is included. Werner-Quade asked if this is an Alaska 's KENAI EINSULA July 8, 1997 Mayor John Williams City of Kenai 210 Fidalgo Ave -Ste. 200 Kenai, AK 99611 Dear Mayor Williams: RECEIVED 1 0 1997 KENAI CITY CLERK It's that time of year again! We are planning the Annual Kenai Peninsula Regional Tourism Conference, Awards Banquet and Auction which allows an opportunity for KPTMC members to network and discuss issues pertinent to the Kenai Peninsula. The Regional Conference is scheduled for September 19`h & 20`h , in Kenai. One element which is crucial to the success of the Regional Tourism Conference is the ability to offset costs incurred with staging the event. Please review the listings of sponsorship opportunities on the reverse side to see if your community can participate. Sponsors receive written recognition in the Regional Tourism Conference programs, at event sponsorship, and general member announcements during the weekend. For budget purposes, we would like to advise you of the coming years meeting selections - 1998, in Seward; 1999, in Homer; and 2000, in Soldotna. Traditionally, the hosting community sponsors the Welcome Reception on the first night. Please consider assisting in our efforts to promote our regional tourism conference. If you have any questions, or wish to confirm a sponsorship. do not hesitate to contact me. Thank you in advance for this consideration. Sincerely, Stefam rder Executive Director, KPTMC phone 1..907) 283-3850 fax (907) 283-2838 e-mail kotmcCalaska.ner 13o North Willow Kenai. Alaska 9961 1 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES SOUTHEAST REGIONIPRECONSTR UCTION - DESIGN June 23, 1997 TONY KNOWLE 6860 Glacier Highwap Juneau, Alaska 99bui PHONE: 465-4444 FAX: 465-4414 TEXT: 465-4647 RE: Project No. 52481 Kenai -Forest Drive/Redoubt Avenue Rehabilitation Dear Meeting Participants, This office wants to thank you for attending and participating in the public workshop for this project. Your comments will be useful in developing the project. This office will consider those issues brought up at the meetings in the design. Those issues include the following: 0 The bedding for paths along with the roads must be adequately subexcavated and backfilled with a proper foundation material. The paths on the Kenai Spur Road are already showing deformation and cracking. 0 The existing structural section of the road is inadequate. The project should remove and replace the clay layer underneath with proper foundation material. 0 The project should improve the lighting along Forest Drive, particularly at the school approaches and crosswalk intersections. 0 The project should consider a left turn lane at the Sears Elementary School. (Note: The Department care only consider a left turn if it is warranted. U►'arrants include traffic counts, past accidents, etc. Considering our current observations the left turn in probably not warranted) 0 Approach grades to Forest Drive at intersections and the school are steep and are difficult to traverse during icy road conditions. The project should lower the grade of Forest Drive. 0 The Sears Elementary School serves 400 kindergarten through second grade students. Many of those students walk to and from the immediate neighborhoods. Sidewalks, cleared of snow, are a priority on Forest Drive. 25A-T34LH Public Workshop Participants 2 June 24, 1997 0 Sidewalks should be on both sides of Forest Drive. A single pathway on Redoubt Avenue may be adequate. 0 Drainage problems exist at the O'Brian and Redoubt intersections. 0 Forest Drive should have curb and gutters. The project can reconstruct Redoubt as a rural section without curb and gutters. These are the issues that this office noted from the meeting. If you noted issues from the meeting that I have not included in this letter, or have any other concerns, please let me know. I can be contacted at (907) 465-4411. Thank you for your input. Sincere' , !Al Al St min er Engineering Manage cc: Bill Ballard, Environmental Coordinator Steve Ryan, Engineering Manager j RECEIVED SUN 1997 KENAICITE CLERK PRINCE WILLIAM SOUND Oil Spill Recovery Institute Cordova, Hm yyo. �* (907) 424-5800 Fax: (907) 424-5820 Nominations invited The Advisory Board of the Oil Spill Recovery Institute invites nominations for two individuals to serve on the Advisory Board as representatives at -large. Qualified individuals come from communities affected by the Exxon Valdez oil spill who are knowledgeable about the marine environment and wildlife within Prince William Sound. The two representatives will be appointed by the Advisory Board at a meeting in late August or early September 1997 and will serve two-year terms. Nominations are encouraged to be submitted by August 20, 1997. To submit a nomination, send a letter of interest with attached resume detailing the nominee's qualifications to: Gail Evanoff and R.J. Kopchak Nominations Committee Oil Spill Recovery Institute P.O. Box 705 Cordova, AK 99574 Phone: (907) 424-5800; Fax: (907) 424-5820 For further information on the Oil Spill Recovery Institute, write or telephone Nancy Bird at the above address, or via e-mail: bird@grizzly.pwssc.gen.ak.us World Wide Web home page address: http://www.pwssc.gen.ak.us/osri/osri.htmI P.O. Box 705 Cordova, AK 995- (907) 424-5800 Fax: (907) 424-5820 Summary Description The Prince William Sound Oil Spill Recovery Institute (OSRI) was authorized by the United States Congress through Section 5001 of the Oil Pollution Act of 1990 and through amendments included in the Coast Guard Authorization Act of 1996. The Institute's functions are: (1) To identify and develop the best available techniques, equipment and materials for dealing with oil spills in the Arctic and subarctic marine environment; and, (2) To complement Federal and State damage assessment efforts and determine, document, assess and understand the long-range effects of Arctic or subarctic oil spills on the natural resources of areas affected by these spills, and the environment, the economy and the lifestyle and well-being of the people -%vho are dependent on them. OSRI Advisory Board - Revised Composition Total of 14 voting and 2 non -voting representatives Three Federal Representatives: Barbara S.P. Moore, Advisory Board Chair Director Undersea Research Program/NOAA Department of Commerce Doug Mutter Office of Environmental Policy & Compliance Department of Interior Capt. Buzz Rome Marine Safety Division, U.S. Coast Guard - 17th District, Department of Transportation Two Representatives from the fishing industry from among residents of communities impacted by the Exxon Valdez oil spill Virginia Adams, Kodiak R.J. Kopchak, Cordova Two Representatives of the oil and gas industry Grant Vidrine Manager, Crisis/Emerg. Preparadeness BP Exploration (Alaska) Inc. Kevin Meyers, Ph.D. Senior Vice President, Prudhoe Bay Unit ARCO Alaska, Inc. Three State Representatives: Larry Dietrick Prevention/Emerg. Resp. Prog. Mgr. Department of Environmental Conservation Claudia Slater Resource Program Manager/Habitat Biologist Department of Fish & Game Carol Fries Natural Resource Manager Department of Natural Resources Two Alaska Natives who represent Native entities affected by the Exxon Valdez oil spill Gail Evanoff, Chenega Bay Glenn Ujioka, Cordova Two at -large Representatives from among residents of communities affected by the Exxon Valdez oil spill who are knowledgeable about the marine environment and wildlife within Prince William Sound. These representatives are appointed by the remaining members of the Advisory Board. Interested persons are encouraged to submit a letter of interest and statement of qualifications by August 20, 1997. World Wide Web home page address — http://www.pwssc.gen.ak.us/osri/osri.htmi CITY OF KENAI NOMINATING PETITIONS Nominating petitions for the October 7, 1997 regular City election will be available at the City Clerk's Office, Kenai City Hall, 210 Fidalgo Avenue, Suite 200, Kenai, from August 1 through 15, 199 .. The seats to be elected are as follows: I COUNCILMEMBERS: Two (2) to be elected for one, three-year term each. Candidates must be at least 21 years of age, be qualified voters of the State of Alaska, and be residents of the City of Kenai for one year, immediately prior to election day. Filing period is August 1, 1997 to August 15, 1997. Nominating petitions must be returned to the City Clerk's office no later than 5:00 p.m. August 15, 1997. All candidates are subject to the provisions of AS 15.13 Campaign Disclosure Act; and AS 39.50, Conflict of Interest Act. Carol L. Freas, City Clerk DATED: July 11, 1997 Publish: 7/23, 28 and 30, 8/ 1, 4, 6, 8, 11, 13, and 15, 1997 KENAI CITY COUNCIL MEETING July 16, 1997 INFORMATION ITEMS 7/2/97 Kenai City Council Meeting "To Do" List. 2. Contract for Central Peninsula General Hospital, Inc. and Kenai Peninsula Borough, Nikiski Fire Service Area, Central Emergency Service Area, Central Peninsula Emergency Medical Service Area, City of Kenai, Ninilchik Community Ambulance Association and Cooper Landing Rescue, Inc. (for educational purposes). 3. 7/97 Resource Development Council, Inc., Resource Review. 4. 7/97 Greater Soldotna Chamber of Commerce, Your Chamber Today. KENAI CITY COUNCIL MEETING JULY 2, 1997 "TO DO" LIST Admin - Include a zoning map with Ordinance No. 1752-97 (land use table). This ordinance has been tabled until the first meeting in August. Review Corps bluff study and keep the project close to the top of the future projects list. Items of concerns: a car with a broken out window behind the old Tesoro station; a boat and trailer on Fourth and Spruce sitting on city property; junk around trailers by the Middle School; collection of items, both in front and behind the auto shop by Louie's restaurant. Clerk/ Mayor - Review AML awards application, using Economic Forum as topic. CONTRACT FOR ""TL- v�ti�uriVHL CENTRAL PENINSULA GENERAL HOSPITAL, INC. AND KENAI PENINSULA BOROUGH, NIKISKI FIRE SERVICE AREA, CENTRAL EMERGENCY SERVICE AREA CENTRAL PENINSULA EMERGENCY MEDICAL SERVICE AREA, CITY OF KENAI, NINILCHIK COMMUNITY AMBULANCE ASSOCIATION, COOPER LANDING RESCUE, INC. This agreement is made this day of , 1997, by_ and between Central Peninsula General Hospital, Inc., (hereinafter called "Hospital"), an Alaska nonprofit corporation, and each of the following parties (hereinafter called the "Agency" or the "Agencies"), separately: Kenai Peninsula Borough (hereinafter called the "Borough"), an Alaska municipal corporation, on behalf of the Nikiski Fire Service Area and the Central Emergency Service Area, and Central Peninsula Emergency Medical Service Area, the City of Kenai ("City"), an Alaska municipal corporation, the Ninilchik Community Ambulance Association, an Alaska Association and Cooper Landing Rescue, Inc., an Alaska corporation, and WHEREAS, the Hospital is willing to offer that facility to the five Agencies for educational purposes and to help supervise such an educational program, and WHEREAS, it is more convenient for the Hospital to have an agreement with all five Agencies rather than five separate agreements, which is the only reason there is one contract, and no contract between the Agencies is hereby intended or created; NOW, THEREFORE, the parties agree that: •► •' • Lima In IMF EIRT1 Lei -&-I A. The Hospital shall provide an appropriate setting in which a practical educational program may be conducted for the Emergency Medical Technicians and Paramedics of each Agency. Educational training needs will be scheduled by the Medical Training Coordinator for each Agency through the Emergency Department Manager, OB Coordinator and /or Inpatient Nurse Manager. B. The educational experience shall be limited to the areas of: 1 . The Emergency Department: Each learner shall be equally assessed for his/her level of knowledge. The educational program will be designed on the basis of the learner's skills and knowledge. He/she will be supervised and directed individually in the delivery of patient care by a Regis,ered Nurse or Physician. 2. Operating Room, Special Care Unit, and Delivery Room: The learner will be supervised and directed individually in the delivery of patient care by a Registered Nurse or Physician to increase practical knowledge and skills. It is the Hospital's responsibility to obtain the verbal consent of all patient's, and, when practical, the written consent of patients before the learner is allowed to participate in the care of the patient. A. The learners shall be subject to the authority, policies and procedures, and regulations of the Hospital during clinical assignment. The Hospital retains the right to require a learner to leave the Hospital if his/ her health status or performance is deemed prejudicial to the care of the patients. B. The learners are required to dress in appropriate attire following the hospital's dress code policy and to wear a name tag with their current level of training, while in all areas of the facility. C. The learners will provide the hospital Infection Control Nurse, a copy of their immunization status, including proof of rubella immunity, PPD skin test results or TB screening from within the past year, and proof of attendance in a Bloodborne Pathogen class, which will have included standard precautions and Hepatitis B vaccination program. D. The learners shall exercise the degree of patient care required by their certification. E. In compliance with JCAHO standards, the learners shall attend all required Hospital Orientation Programs, records of same shall be maintained by Hospital. A. The learners are not employees and are not independent contractors of the Hospital. They are not entitled to any compensation or benefits from the Hospital. All compensation and benefits are paid for and provided by their employers. While acting in the capacity of learner, they shall not replace Hospital staff or give services to patient's, except as provided for within the current contract. No learner shall be included in the Hospital's Worker's Compensation or Professional Liability Insurance coverages. Learners or their sponsoring agencies/ employers will have responsibility for their own health insurance, health care costs, Professional Liability Insurance, Accident Insurance, and Worker's Compensation Insurance. The Agencies are the employers of the learners. The Agencies are responsible for all compensation and benefits payable or accruing to the learners according to the Agencies' agreements with the learners and the Agencies' policies and procedures. The Agencies are responsible to provide Workers' Compensation insurance coverage for the learners, and to provide all other insurance coverage required by their agreements with the learners and the Agencies' policies and procedures. There will be no compensation payable for Hospital's services rendered to the Agencies. The term of this agreement shall be from April _, 1997 through April , 1998 inclusive. This agreement may be extended or renewed upon written agreement of both parties. A. This Agreement may be terminated before the end of the term stated above as follows: (1) By any party, without cause, by written notice to the other parties stating the effective date of termination, delivered to the other parties no less than thirty (30) days prior to the effective date of termination; or, (2) By any party, with cause, by written notice to the other parties stating the cause and the effective date of termination, delivered to the other parties prior to the effective date of termination; "with cause" being defined for the purposes of this agreement as a material and substantial breach of this agreement. B. Upon termination of this contract, neither party shall have any further obligations under this agreement upon the effective date of termination and subsequently, except for (i) obligations occurring prior to the effective date of termination; (ii) obligations, promises, or covenants contained herein, which are expressly made to extend beyond the term of this Agreement, including, without limitation, indemnity, confidentiality of information, and access to records; and ON) obligations, promises, or covenants stated in writing in any future agreement executed by the parties specifically with respect to termination. Any Amendment to this Agreement must be in writing and executed by the parties hereto. No party shall assign or transfer any interest or any part thereof in this agreement without the other party's written consent. Any such attempts without consent shall give the other party the option of terminating this agreement without any further liability. A. Each Agency must provide the Hospital, a copy of their full current liability insurance policy, including declaration page, and all endorsements confirming coverage for their learners, within thirty (30) days from the date of execution of the contract. B. The Agencies will provide proof of liability insurance coverage for their learners before the Hospital provides any services to the learner. C. The Agencies have the obligation to provide Worker's Compensation insurance to their respective employee learners. A. Each agency agrees to indemnify and hold harmless the Hospital, including without limitation, the Hospital's directors members, officers, employees, medical staff, agents, and contractors, including but not limited to LHS Management Company, its directors, officers, employees, from any and all claims, demands, suits, losses, expenses, attorney's fees, and causes of action arising from the Agency's or its learners use of the Hospital under the terms and conditions of this contract for (1) death, personal injury, and property damage, of any kind whatsoever, whether known or unknown, asserted against the Hospital; unless such death, personal injury or property damage is caused by the negligent or intentional acts or omissions of the Hospital employee or medical staff member supervising or directing the Agency learner while acting on behalf of the Hospital under the terms and conditions of this agreement; (2) worker's compensation benefits made by or on behalf of Agency's employees, learners, contractors, agents, or other statutory beneficiaries; and (3) for assessments or evaluations of the Agency or its learners. B. All obligations to defend, indemnify, and hold harmless made by the parties in this Section 11 shall survive the termination of this Agreement for the period of the applicable statute of limitations. This Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the laws of the State of Alaska, and any applicable federal laws. The forum and venue for any law suit between these parties arising out of this agreement shall be in the Trial Courts for the State of Alaska in the Third Judicial District, Kenai Venue District. This Agreement supersedes all previous memoranda, correspondence, proposals, and contracts and constitutes the entire Agreement between the parties, except to the extent that it may be modified, amended, or supplemented by subsequent memoranda or agreements. Neither party shall be entitled to benefits other than those specified herein, and in subsequent memoranda or agreements. No oral statements or prior written material not specifically incorporated herein shall be recognized unless incorporated herein by amendment(s), such amendment(s) to become effective on the date stipulated in such amendment(s). Both parties specifically acknowledge that, in entering into and executing this Agreement, they rely solely upon the representations and agreements contained in this Agreement and no others. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree to be in full compliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by and pursuant to the regulations of the United States Department of Health and Human Services issued pursuant to that law, so that no person in the United States of America shall, on grounds of race, sex, religion, color, handicap or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the educational program established by the parties under this contract. The parties agree to be in full compliance with AS 18.80.200 et. seq. The parties will not discriminate against any of the agencies' employees or applicants for the educational program established by the parties under this contract because of race, religion, color, national origin, sex, age, speech, or mental disability, marital status, changes in marital status, pregnancy, or parenthood. All parties shall retain and make available for a period for four (4) years after the furnishing of such services as described in this contract, the contract, books, documents, and records which are necessary to certify the nature and extent of the cost thereof when requested by the Secretary of Health and Human Services or the Comptroller General, or any of their duly authorized representatives. If any party carries out any duties of this contract through a subcontract with a related organization, valued at $10,000.00 or more over a 12 month period, the subcontract shall also provide that the Secretary of Health and Human Services or the Comptroller General may have access to the subcontract and the subcontractor's books, documents, and records necessary to verify the costs of the subcontract for a period of four (4) years after the services have been furnished. This provision relating to the above retention and production of documents is included because of the possible application of Section 1861 (v) (1) (1) of the Social Security Act to this Agreement; if this Section should be found to be inapplicable, then this clause shall be deemed to be inoperative and without force and effect. The parties agree to treat all confidential information presented, disclosed or revealed hereto including, but not limited to patient information, treatment modalities and protocols, and employee information, as confidential. No confidential information shall be released, published, revealed, or disclosed directly or indirectly to any other person, except in accordance with the parties' respective policies and procedures, or with the written consent of the affected patient, employee, or party, or unless required to do so by law. The waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. All parties to this agreement have had a full opportunity to obtain legal advice concerning this agreement or have declined to obtain such advice. The fact that this Agreement may be drafted by an attorney for one of the parties or by one of the parties is a matter of convenience to all parties. Accordingly, the parties agree that the rule of construction that an instrument or document is to be construed and interpreted most strictly against the drafter of the instrument or document shall not apply in the construction or interpretation of this agreement. In the event any provision of this Agreement is held to be unenforceable for any reason, such non -enforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and enforceable in accordance with its terms. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning, construction or interpretation of this Agreement. Any notice, statement or other communication required or permitted to be given, rendered or made by any party to the other, shall be in writing and shall be sent by registered or certified mail, or delivered personally to the person to whom it is addressed, as follow: To the Hospital: Central Peninsula General Hospital, Inc. 250 Hospital Place Soldotna, Alaska 99669 To the Borough: Kenai Peninsula Borough 144 North Binkley Street Soldotna, Alaska 99669 Courtesy copy to: Billy Harris, Chief Nikiski Fire Service Area PO. Box 8508 Nikiski, Alaska 99635 Nikiski Fire Service Area PO. Box 8508 Nikiski, Alaska 99635 Len Malmquist, Chief Central Emergency Service Area 231 S. Binkley Street Soldotna, Alaska 99669 Len Malmquist, Chief Central Peninsula Emergency Medical Service Area 231 S. Binkley Street Soldotna, Alaska 99669 To the City: City Of Kenai 210 Fidalgo Street Kenai, Alaska 99611 To Ninilchik: Ninilchik Community Ambulance Association PO. Box 39351 Ninilchik, Alaska 99639 To Cooper Landing:Cooper Landing Rescue, Inc. Cooper Landing Community Club PO. Box 510 Cooper Landing, Alaska 99572 Each party bears the responsibility of notifying the other party of changes of address for the purposes of this section. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date and place indicated above, CENTRAL PENINSULA GENERAL HOSPITAL, INC. By: Its: Rulon Barlow, Hospital Administrator Date: y-dy-9 By: Approval of the Board Of Directors of Central Peninsula General Hospital, Inc. Approval Date: q-a4-9'7 KENAI PENINSULA BOROUGH By: Its: Mayor Date: ATTEST: By: Borough Clerk Date: i Len Malmquist, Ch' Central Emergency Service Area Central Peninsula Emergency Medical Service Area APPROVED AS TO FORM AND LEGAL SUF ICY: By: Borough Attorney O� M', -//f /. Z�nlv�71 Billy arris, Chief Niki i Fire Services Area i �iWA i E '�f�IG►��AL CITY OF KENAI Richard A. Ross, City Manager ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By: Caroi A. Freas, City Clerk NINILCHIK COMMUNITY AMBULANCE ASSOCIATION By: Its: Pat Oskolkoff, resident and of Directors Date: 6141 I IV COOPER LANDING RESCUE, INC. By: Its: 4MicelleStewart, Administrator Date: i S` DUPLICATE ORIUINAL City Attorney Only those EMT I, EMT II, and EMT III, who have written evidence of approval by their respective physician sponsor and the State EMS Division, may participate in the procedures and drugs marked with an asterisk (*) A. EMT I: During his/her experience in the Emergency Department, the EMT I may have the opportunity to demonstrate proficiency for any of the following skills under the direct supervision of a registered nurse or physician: 1. Obtain histories 2. Perform physical assessments including vital signs 3. Oxygen therapy via nasal cannula, mask, or bag valve mask 4. Airway management with oral airways, nasopharyngeal airways, or suctioning 5. Cardio-Pulmonary Resuscitation (CPR) 6. Control bleeding and wound care 7. Bandage and dressing application 8. Administer Activated Charcoal 9. Assist in the use of MAST Trousers B. EMT II: During his/her experience in the Emergency Department, the EMT II may have the opportunity to demonstrate proficiency for any of the following skills under the direct supervision of a registered nurse or physician: l . Obtain histories 2. Perform physical assessments including vital signs 3. I.V. Rate calculation 4. Drug dosage calculation 5. Draw up medications: a. Ampules b. Vials C. Preloads 6. Administer the following medications under the direct supervision of a registered nurse or physician: a. Activated Charcoal b. Sodium Bicarbonate d. Narcan e. Nitroglycerin, sub -lingual or spray *f. Albuterol *g. Epinephrine h. Dextrose 50% *i. Thiamine 7. Oxygen therapy via nasal cannula, mask, bag valve mask_ 8. Airway management with oral airways, endotracheal airways, nasopharyngeal airways, or suctioning 9. Cardio-Pulmonary Resuscitation (CPR) 10. Control bleeding and wound care 11. Bandage and dressing application 12. Start peripheral I.V.'s and draw blood for analysis 13. Assist in the use of MAST Trousers 14. Administer medications I.M., I.V., and Sub-Q C. EMT III: During his/her experience in the Emergency Department, the EMT III may have the opportunity to demonstrate proficiency for any of the following skills under the direct supervision of a registered nurse or physician: 1. Obtain histories 2. Perform physical assessments including vital signs 3. I.V. Rate calculation 4. Drug dosage calculation 5. Draw up medications: a. Ampules b. Vials C. Preloads 6. Administer the following medications under the direct supervision of a registered nurse or physician: a. Activated Charcoal b. Sodium Bicarbonate C. Dextrose 50% d. Narcan e. Nitroglycerin, sub -lingual or spray *f. Albuterol g. Epinephrine 1:10,000 h. Epinephrine 1:1,000 i. Lidocaine *j. Thiamine *k. Valium *I. Benadryl 7. EMT III's that are ACLS qualified may administer the following medications under the direct supervision of a registered nurse or physician: a. Lidocaine drip *b. Morphine Sulfate C. Valium *d. Bretylium Tosylate e. Atropine Sulfate f. Benadryl *g. Procardia *h. Magnesium Sulfate *i. Adenocard 8. Oxygen therapy via nasal cannula, mask, bag valve mask 9. Airway management with endotracheal airways, nasopharyngeal airways, oral airways or suctioning 10. .Administer medications I.M.. I.V.. and Sub-Q 11. EKG lead placement 12. EKG interpretation of V-Tach, V-Fib, and Asystole 13. EMT III ACLS qualified, EKG interpretations of all other dysrhythmias 14. Cardio-Pulmonary Resuscitation (CPR) and defibrillation 15. Control bleeding and wound care 16. Dressing and bandage application 17. Start peripheral I.V.'s and draw blood for analysis 18. Assist in the use of MAST Trousers 19. Assist with gastric lavages 20. Assist in triaging patients *21. Assist with external pacing *22. Start external jugular IV *23. Start intraosseous infusion *24. Assist with chest compression *25. Assist with Morgan Lens irrigation D. Paramedics: During his/her experience in the Emergency Department, the Paramedic may have the opportunity to demonstrate proficiency for any of the following skills under the direct supervision of a registered nurse or physician: 1. Obtain histories 2. Perform physical assessments including vital signs 3. I.V. Rate calculation 4. Drug dosage calculation 5. Draw up medications: a. Ampules b. Vials C. Preloads 6. Administer all medications, all routes, under the direct supervision of a registered nurse or physician 7. Oxygen therapy via nasal cannula, mask, bag valve mask. 8. Airwav management with endotracheal airways, nasopharyngeal airways, oral airways or suctioning 9. Assist with gastric lavages 10. Pass nasogastric tubes when indicated 11. Insert foley catheters 12. EKG lead placement 13. Assist with 12 lead EKG 14. EKG interpretations of all dysrhythmias 15. Cardio-Pulmonary Resuscitation (CPR) and defibrillation 16. Start peripherai I.V.'s and draw blood for analysis 17. Start central venous I.V.'s (external jugular and femoral only) 18. Control bleeding and wound care 19. Dressing and bandage application 20. Assist in the use of MAST Trousers 21. Assist in triaging patients A. During the experience in the labor and delivery suite, the Paramedic, EMT II and EMT III may have the opportunity to demonstrate proficiency for any of the following under the direct supervision of a registered nurse or physician: (Priority in scheduling will be given to Paramedics and EMT III). 1. Identify and label the three stages of labor and complications and abnormal deliveries. 2. Assist and observe in a normal cephalic delivery 3. Observe and assist, if possible, in abnormal deliveries 4. Assist, if possible, in the control of postpartum hemorrhage by uterine massage and by infusion of oxytocin 5. Assist, if possible, in the management of the newborn, including severing the cord, suctioning, etc. 6. Assist, if possible, in the resuscitation of the newborn A. During his/her experience in the cardiac care unit, the Paramedic and EMT III may have the opportunity to demonstrate proficiency for any of the following under the direct supervision of a registered nurse or physician: 1. Perform patient assessment including vital signs 2. Review patient charts, diagnosis, and treatment 3. Apply EKG leads 4. Monitor and interpret EKG's 5. Perform endotracheal suctioning 6. Assist in cardiac arrest management 7. Be familiar with the location and operation of equipment in the cardiac care unit S. Observe placement of pacemakers 9. Evaluate blood gas measurements 10. Assist in dressing changes 11. Perform peripheral IN.'s and draw blood for analysis 12. Prepare and administer I.V., I.M., and Sub-Q medications A. EMT II: During his/her experience in the operating room and recovery room, the EMT II may have the opportunity to demonstrate proficiency for any of the following under the direct supervision of a registered nurse or physician: 1. Perform peripheral IN.'s and draw blood for analysis 2. Maintain the airway in an unconscious patient using manipulations and position of head, oral airways, and nasopharyngeal air,. av_ s 3. Observe aseptic endotracheal and orotracheal suctioning 4. Monitor vital signs of an unconscious patient B. Paramedic and EMT III: During his/her experience in the operating room and recovery room, the Paramedic and EMT III may have the opportunity to demonstrate proficiency for any of the following under the direct supervision of a registered nurse or physician: 1. Perform peripheral I.V.'s and draw blood for analysis 2. Perform aseptic endotracheal and orotracheal suctioning 3. Perform endotracheal intubations (EMT III should be ACLS trained) 4. Maintain the airway in an unconscious patient using manipulations and position of head, oral airways, nasopharyngeal airways, and endotracheal tubes 5. Prepare and administer I.V. Medications and observe the effects of pharmacological agents 6. Monitor vital signs of an unconscious patient 7. Monitor cardiac activity and interpret EKG's, noting any changes or irregularities 8. Operate oxygen equipment and assist in the operation of the mechanical respirators 9. Observe and assist in the treatment of various soft tissue and musculoskeletal injuries 10. Paramedic only, insert foley catheters Kon iag, I lott I Proposed harvest levels institutionalize recent closures, fail to provide enough wood to revitalize industry "In writing this new plan, the government made a huge effort trying to prove the unprovable, and paid scant attention to the needs of the people who live and work here. Trying to get an 80 percent certainty that animals will be able to interact with each other 100 years into the future clearly took precedence over determining how the new restrictions would affect people. This is worse than inappropriate and wrong; it is utter foolishness." - Jack Phelps, AFA The prospects for a sustainable. healthy timber industry in Southeast Alaska dimmed with the recent unveiling of the new Tongass Land Management Plan (TLMP). Confirming widespread speculation among industry and Southeast community leaders. the final terms of the recently - released TLMP will slash maximum harvest volumes in half and sharply reduce the amount of forested lams available for logging. The forest plan is sucoose to crovide a blue print for balancing multiple uses votnrn the 1 7 million -acre Tongass. America's largest nanonai fcrest. If it survives expectea appeals and lawsuits. the oian would reduce the A% owab e Sale 0-antty :ASQ) to 267 nillion board feet. cmparec to 520 mnlion coara feet under the previous plan. Ho,.vever. cnly 220 million coard feet of the ASQ Is considerea eccr= -o log. T"e net erect of the new plan is even worse cecause a -,ew aefinition of ASQ incivaes a uti'rty volume. cas 7_uc7 �:cor ouauty tre,.� :annct o_ r;n throuan sawmiiis.:':'rer. fac- rea or sawiec 2,caucncn. -7e new plan would provice approximately 180 million board feet of timber annually. In addition. the d base available to logging will be reduced by half to 676.000 acres, preserving continuous stretches of old-grog..-n forest forwildlife. The new habitat conservation areas v. c .;Id leave 95 percent of the forest or 3.5 million acres of old-c-owth timber off-limits to harvestinc. About 84 percent of a old-grov;tn would remain after 1C2 years of TLMP impie---entation. 'vo cut buffers along rivers and streams would � = expandea and 32 rivers would be recommended for prc-ection as V/ild and Scenic Rivers. C` the areas still avaiiaz e for locc:rg, 69 percent .,ould be preser✓ea through cc - nervation-estrictions ana set -asides. "The forest indus--_: agrees completely that we shouia take measures to prc-= :t critters and to harvest the natior.a: forest for sustainea v = said JacK Phelos. Executive Direc- -ar of —e Alaska Fe-=_--a_ssccia.�:c-. 'But the vast majority 0ontiruea to oaae 4 by Beckv L. RDC aims to get Alaska off NTR list RDC recently prevailed upon Chuck Clarke, Regional Administrator for the Environmental Protection Agency (EPA) Region X. to help re- solve the National Toxic Rule (NTR) issue for Alaska. The NTR is the rule that applies to a handful of "bad states," i.e., ones which have not been able to gain EPA approval of their water quality stan- dards. This rule imposes stringent EPA numeric, surface water quality criteria for toxic pollutants to bring these states into full compliance with the re- quirements of Section 303(c)(2) of the Clean Water Act. The application of NTR, for ex- ample, is how arsenic levels in dis- charge water came to be regulated 277 times more stringent than drinking wa- ter, which is ridiculous in the minds of both the regulators and the regulated. Resource Review is the official periodic publication of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit economic development organization working to develop Alaska's natural resources in an orderly manner and to create a broad -based. diversified economy while protecting and enhancing the environment. Executive Committee Officers President ................................. Allen Bingham Sr. Vice President ................... John Sturgeon Vice President .............................. Jerry Booth Secretary ...................................... Uwe Gross Treasurer ............................. Michael E. Stone Past President .......................... Scott Thorson staff Executive Director ..................... Becky L. Gay Communications Director..... Carl R. Portman Admin. Assistant/Finance .... Steven Dougherty Special Assistant .......................... Craig Lyon RDC is located at 121 W. Fireweed. Suite 250, Anchor- age, AK 99503. (907) 276-0700. Fax: 276-3887. Material in the publication may be repnnted without permission provided appropriate credit is given. RX's e-mail address: rdc@aonline.com Writer & Editor Carl Portman RDC is working actively in the regulatory arena where the solution is supposed to occur instead of pursuing a court remedy. RDC remains focused on getting the whole state of Alaska — not just one pollutant or waterbody — off the NTR list. EPA holds the key to the solution, but DEC must act. In a letter to Clarke. RDC requested exact information on how to get Alaska off the National Toxic Rule (NTR) list. DEC and EPA have been arguing since 1990 about the details of adopting crite- ria by reference. Consistently there have been mixed messages and confu- sion regarding the specific actions Alaska must complete to be in compli- ance with EPA requirements and re- moved from NTR listing. I metwith Mr. Clarkeand Phil Millam. head of the Office of Water. in Decem- ber in their Seattle headquarters to dis- cuss this very issue. In that meeting, Mr. Millam said EPA and DEC were 'close" on removal of 19 acute criteria from NTR, the so- called partial removal approach. At that point. RDC was confident that EPA and the state were working closely on this issue. The Alaska Department of Environ- mental Conservation (DEC) also said the EPA would be giving it a "road map" of what actions were necessary to get Alaska off NTR. EPA finally approved the 1994 i revlsea 1996) Alaska Water Quality Standards this April. However. as of mid -June. Alaska is still on the NTR list. No "road -map" has been pub- lished that I am a. are of and no acute criteria have been de -listed. Only ar- senic was eievated to the Governor and is now in the federal register process for de-listino ccnsideration. RDC additionally asked the follow- ng questions of Mr. Clarke and EPA 1. If Alaska removes the phrase afterJ une 1995.- from the human health risk level section. will EPA consider the risk level adopted by Alaska applicable :o criteria adopted before that date. :he human health criteria approver. 2. Will the above (#1) enable EPA :o remove Alaska from NTR? j 3. What specific actions must DEC complete for Alaska to be in compli- ance with EPA requirements and re- oved from NTR? 4. What specific actions must EPA. —:ust complete to release Alaska from ::-,e NTR? 5. Are there statutory actions which -ould expedite this de -listing? 6. What is your best guess for how :)ng the de -listing of Alaska will take? In its letter, RDC emphasized that NTR de -listing is of great concern to RDC and its regulated members. Many zelieve NTR was unfairly imposed to =egin with and that Alaska's status will -aver be resolved without court action. =.DC is working actively in the regula- - ry arena where the solution is sup- zosed to occur instead of pursuing a _curt remedv. RDC remains focusea getting the whole state of Alaska -ot just one pollutant or waterbod; _- the NTR list. EPA holds the key t solution. but DEC must act. Page 2.' RESOURCE PEVIEW July 1997 Bingham elected President of RDC Three hundred turn out for Annual Meeting Approximately 300 people attenced RDC's Annual Meeting Luncheon in Anchorage June 5 featuring Charles Logsdon. Chief Petroleum Economist forthe State of Alaska. Logsdon focused on global energy trends and ho%v evolving markets in the Pacific Rim wiil affect future energy development anc production in Alaska. In a three-hour business meeting held prior to the public luncheon. the RDC board elected Allen Bingham cf Anchorage as its new President. Bingham. a Partner at the accounting firm of Deloitte & Touche. previousiv served as Senior Vice President of RDC. He succeeds Scott Thorson. Presicent of Network Business Systems. Thorson will remain on the RDC Executive Committee. John Sturgeon, President of Koncor Forest Products, was elected Senior Vice President while Jerry Booth, Cook Inlet Region. Inc., was elected Vice President. Uwe Gross, Chief Executive Officer of Koniag, Inc.. was elected Secretar/ and Mike Stone, Managing Partner of KPMG Peat Marwick, was reelected as Treasurer. Bingham is the Partner in charge c� taxes at Deloitte & Touche. He has more than 23 years of tax and account- ing experience and has been in Alaska since 1974. He has experience servir individuals, partnerships and corpora- tions throughout the state in a variety of industries, including financial institu- tions, natural resources, hospitals. tour- ism and commercial fishing. A long-time Executive Committee member of RDC, Bingham also serves on the AMEREF Board and is a pas! board member and treasurer of the Alaska Miners Association. Newly -elected members of the Board are Donald Argetsinger. Klukwan. Inc.. Juneau: James Arnovitz. Hardir _awson Associates. Anchorace: Williar- Cheek. Natchiq. Inc.. Anchorage: '; ,— Chatham. ENSR. Anchorage: iMavc- Dave Cobb. Valdez: Stephen Conne!:. Ketchikan P ,ip Company. Ketchika- Members of the RDC Board of Directors gather for RDC's 23rd Annual Meeting at the Anchorage Hilton Hotel June 5. RDC's newly -elected President Allen Bingham presents a plaque to pastpresident Scott Thorson for his outstanding service to RDC. In bottom right photo. luncheon guests review RDC educational materials on resource development issues. George Erickson. Alaska Railroad Corporation, Anchorage; Jeffrey Foley, Calista Corporation. Anchorage: Stan Foo. Placer Dome U.S., Anchorage: MayorJohn Handeland. Nome: Charles Johnson. Era Aviation. Inc., Anchorage; J.W. Konst, Phillips Petroleum Company. Kenai: Brian Lettich. Eyak Corporation, Cordova: MayorBeniamin Nageak. North Slope Borough, Barrow; Gary Paxton. City and Borough of Sitka: Rob Shoaf. Alyesva Pipeline Service Company. Anchorage and Steve Wells. Berino Sea Ecotecr.. Anchorace. Charles Logsdon, Chief Petroleum; Economist for the State of Alaska. focused on global energy trends in his kevncre address before a luncheon crowd of 300. July - �97 i RESOURCE REVIEW ace Prospects for sustainable timber industry diminish (Continued from page 1) the Tongass is already in protected status. There is no reasonable basis for further damaging the livelihoods of the remaining timber workers to satisfy those who promote comic book science." In writing the new plan. AFA said the federal government made a huge effort trying to prove the unprovable and paid only scant attention to the needs of Southeast Alaskans. "Trying to get an 80 percent cer- tainty that animals will be able to inter- act with each other 100 years into the future clearly took precedence over determining how the new restrictions would affect people." Phelps added. "This is worse than inappropriate and wrong; it is utter foolishness." While the Forest Service says the new ASQ will be enough to keep what remains of the Southeast timber industry alive. industry and community leaders say the plan will hinder any possible resurgence. Mayor Jack Shay of the Ketchikan Gateway Borough said the new plan's harvest levels are at the 'lower reaches of what is needed to revitalize the in- dustry." He said Southeast Alaskans are working hard to attract a veneer plant and ethanol manufacturing facii- ity to process wood waste, but those prospects are likely to fade without a larger supply of wood. The plan also doesn't give any consideration to sup- plying enough timber to allow for the reopening of the Wrangell sawmill. AFA's Phelps emphasized that the plan's ASO represents the maximum amount of timber the Forest Service is allowed to release for harvesting in a single year, but realistically, the actual offerings are likelyto be less. Underthe previous plan, environmentalists rou- tinely challenged timber sales through administrative appeals and lawsuits. Underthe 1979 forest clan two-rhirds of Toneass otc-growth was ciosed tc ieogine. The new Stan washes harvest ie,.e!s aver me next ? years ^ half. ieavrne 841: a i ctd-aro.,.tn piace after 100 years. E^v+rcn,7entatrsrs sav the neiv pian coesn t go tar enouon. Pace 4 RESOURCE REVIEW July 1997 The U.S. Forest Service says the new TLMP .veil provide enough timoer for the remaining �,oerations in the Tongass. but others say :.ne plan's harvest levels are insufficient to sustain the timber industry. "My best guess. based on stan- Bards, guides and other issues like ap- peals and lawsuits, the Forest Sery will be lucky to release 125 million bo, feet annually." Phelps said. Dick Coose, a formerdistrict ranger :pith the Forest Service who is now heading CARE, a Southeast Alaska organization supporrng multiple uses cn public lands, saia it will be virtually moracticable for a v!aole timber indus- ^v to exist in the Tongass under the standards outlined in the new TLMP. Coose said the plan confirms wide- _oread speculation mat apparently the Clinton administration values politics ever science. jobs and families.° Meanwhile, Ketchikan. I.Vrangeil and AFA have formed a coalition to znallenge the new TLMP in court. Last -=th the coalition committed more --..an a half million dcilars to the effort. In Washington, D.C.. Alaska's con- -essionai delegat!cn will formally re- . ew the new clan in oversight hearings =t for the end of June. Senators Ted `evens and Frank '.'urkows,<i. alono . to Congressman �cn Young. he :jestioned the methcas and scien, _aia used to deve cc the c an. Thev c =-!ieve ocimcal pressure from ire White - ouse ma✓ nave are�t�g the utcome. Congress has c cays wnen Source: U.S. Forest Service Tongass Land Management Plan 1979 Plan 1996 1997 (as amended) preferred selected alternative alternative Reserve Strategy None 900.000 acres 1.1 million acres Small reserves Unmapped Mapped Stream Habitat Beach buffers None 500 feet 1,000 feet River mouth buffers None 1,000 feet 1,000 feet Average Allowable Sale Quantity (ASO) 520 MMBF 357 MMBF 220-267 MMBF Scheduled for timber harvest (100 years) 1.4 million acres 920,000 acres 670,000 acres Wild & Scenic Rivers None 25 32 Miles of W & S Rivers None 431 541 Key Elements of New Plan: • Natural Setting Land Use Designations (LUD's) on 14 million acres of 17 million acres • 1.1 million -acre mapped old -growth habitat reserve system • About 84°0 of all productive old -growth will remain after 100 years of TLMP implementation • Of 10 million acres of forested land, 9.33 million acres will remain closed to logging TLMP was printed in the Federal Reg- ister on June 20 to reject the plan, but the AlasKa delegation will have to con- vince a majority members of Congress that sufficient holes exist to reject it. There are some obvious big holes in the plan. according to Ketchikan pub- lisher Lew Williams. "For one. the scientists considering fish and wildlife habitat failed to con- sider the habitat in the areas set aside for Wilderness." Williams said. "So how can they say the wolf is endangered when 95 percent of the forest is closed to logging and was before the TLMP revision? How can they say more habi- tat is needed for the goshawk when the largest numbers of goshawks were founa arouna Juneau where there nas been no logging?" The Tongass plan is under review by the U.S'. -sn and Wildlife Service to determine ,f the new logging ieveis wiii orcvnce=�ecuate protection fcr the Queen Charlotte goshawk and Alexander Archipelago wolf. The agencv has until August undera federal court order to consider listing the ani- mals as endangered species. Without a reliable and sufficient timber supply. the private sector will be reluctant to invest in a forest products industry in transition as a result of the Pulp mill closures. Residents in timber - dependent communities like Wrangell, Ketchikan and Sitka believe the eco- nomic foundation of their region has been unnecessarily sacrificed to ap- oease environmental special interests n the Lower 48. "The timber industry has been op- erating on the Tongass for more than '0 years. exolainea RDC Executive Director Becky Gay... The air and water are clean. fish and wildlife populations are at or near historic nighs and annual Harvests have always remained well -ne cioiogical sustained vieid. het the timber base reserved for log- �,ing has peen reduced again. It's pro- -evelopment politics pure and simple. — f t an v Sc:;tneast Alaskans who live ana .•. orK in r e Tongass believe the TLMP = .,sion .-.as based more on ooirtics ;ha _ = once - souna forest manaoemenr. Julv - =97=ESCURCE REVIE'✓V =ace Twenty years have passed since the Trans -Alaska Pipeline was completed in June 1977. The pipeline and North Slope oil have brought big changes to Alaska. Twenty years of North Slope oil production 11.5 billion barrels of oil and still pumping In the summer of 1977, Alaska joinea the ranks of the world's top oil producers with the initial surge of North Slope crude from the Prudhoe Bay field into the Trans -Alaska Pipeline. Since that time, 11.5 billion barrels of oil have been pumped down the 800-mile pipe- line to the ice -free port of Valdez. This summer marks the 20th anniversary of oil production from the super -giant Prudhoe Bay field and the safe and efficient transportation of oil down the 48-inch steel pipeline. This year also marks a broader milepost as it was 30 years ago that the first well to tap into the Prudhoe Bay field was drilled. That event. in turn, came 10 years after oil was discovered on the Kenai Penrnsuia. The Swanson River oil discovery set the stage for statehood two years later. Geologists first estimated there barrels in place. Through the use of new enhanced oil recovery tech- niques and other advances in tech- noiogy, that figure since has been .•isea upward to more than 13 biiiicr carrels of recoverable oil ana 30 trmicn c, cic feet of natural gas. ARCO, BP. Exxon and their Qa oeaan development of the Prudhoe _av :,eid in 1969. After Congressional approval of the pipeline right-of-way in 1973. construction of the pipeline and its 2 pump stations began. Temperatures ranging from minus 80 degrees in winter to 95 degrees in summer tested some 70.000 men and women who worked or the S8 billion line during its construction pnase. From Prudhoe Bay, the engineering marvel snakes through three mountain ranges, crosses 834 rivers and streams and traverses three earthquaKe faults. Because of permafrost, some of it as deep as 2.200 feet, about half of the pi-celine is elevated above ground. Since the Prudhoe Bay field came or -ream June 20. 1977, 14,000 loaaea tar.Kers have sailed from Valdez to U.S. markets. For more than a decade. Pn-idhoe Bay produced 1.5 million bar - re s of oil a day, and at its peak the pipeline carried more than 2 million bar- re;s of oil a day, accounting for 25 percent of domestic oil production. Produ began to decline in 1988 and today P^..,dhoe Bay field is pumping just under 900.000 barrels a day, down 45 percent frc,n its 1987 high. Meanwhile. daily throughput in the pipeline has fallen to 5million barrels and five ofthe system pump stations have been shut down. Six new oil fields. however. rave ccTe online since Prudhoe Bay oil startec f!c,:: mg through the Trans -Alaska Pipeline were 9.6 billion barrels of recoverable 'Vfilecost "C" ar Pump Station 1 is where Pn = Bav oil begins its 800-mile ioumev crude cm at Prudhoe. out of 22 billion �a'aez.Vcre ran 14.000tanKersnave saiieoVaidezcarrt�!ng71.5billionbarre!scr_ ro L_ S. mar,�ers. North Slope oii fields now acc _ _ - *or 20 percent of domestic crcaucrrc,- Page 6 RESOURCE REVIEW July 997 Research has provided no evidence that oil field activities have produced any measurable change in population of any fish or wildlife species using the North Slope. System two decades ago. Three of those are among the six largest producing fields in the United States. These fields have played a major role in offsetting production declines from the giant Prudhoe reservoir. Utilizing new technology and a lower cost structure. North Slope producers believe oil production at Prudhoe can stabilized by the year 2000. North Slope production is then expected to begin rising as new, smaller prospects are developed. In fact, the industry has a good shot of adding an additional four to six billion barrels to its Alaska reserves over the next ten years. Sixty percent of those added reserves will come from the application of enhanced oii recovery techniques in existing fields. There is no doubt the North Slope today is substantially different than what it was 20 years ago. More infrastructure is in place now. helping make the devel- opment of smaller and more remote accumulations east and west of Prudhoe more economically viable. Development can be piggybacked on existing infra- structure and oil flowing from these accumulations can utilize surplus ca- pacity from the giant processing facili- ties at Prudhoe and Kuparuk. BP, ARCO. Exxon and other part- ners invested more than $25 billion to develop the P­_dhoe Bav field and the 3nsportation system necessary to .,ring Alaska crude to marKet. The in- dustry has committea billions of dollars to keep oil flowina throuan the system and to prepare *cr the next 20 :,,ears. To evaluate the future ntegnty of the steel in the pipeline, new monitoring projects are underway. A one -of -a -kind ultrasonic -pig" can detect variations as minor as 4/100ths of an inch. At Valdez. a $100 million tanker vapor recovery project is underway and new oil spill response technologies and strategies are being pioneered. In the future, a new fiber optic system will provide faster, cleaner communication and improve data transmission from remote areas. Alaska has collected more than $47 billion in royalties and taxes from North Slope production, using its oil wealth to build modern schools, health care facilities. sewer and water sys- tems. airstrips. ports. telecommunica- tion and power transmission facilities. With an expanded community infra- structure. Alaskans have vastly im- proved their standard of living and now enjoy many "quality of life" amenities that did not exist before Prudhoe Bay and the pipeline. Ironically, many of these amenities, such as urban bike trails, libraries and civic centers are used and enjoyed by even those who oppose oil development. More than 80 percent of the state's annual revenues come from oil production. and Alaska's oil -funded savings account, the Perma- nent Fund. now tops $20 billion. Big changes have come to Alaska over the past 20 vears. Alaskans now enjoy the best of both worlds — .vide open wilderness in their backyard. bal- ancea with mcoem amenities ano com- forts of the 20th centurv. TAPS has chanaea the face cf Alaska — for the better. Usibelli, North Pacific sign sale agreement North Pacific Mining Corporation. a subsidiary of Cook Inlet Region, Inc., and Usibelli Coal Mine signed on the sale of the Wishbone Hill Coal Project June 10. Final completion of the trans- action is subject to formal assignment approvals of leases and permits from the State, Mental Health Trust Land Office and the Matanuska-Susitna Bor- ough. The Wishbone Hill Coal Project is located 40 miles northeast of Anchorage near the community of Sutton. According to NPMC President Jerry Booth, "we could not have found a better buyer for Wishbone Hill than Usibelli Coal Mine, Inc. Usibelli has a strong commitment to local and CIRI shareholder hire, in addition to Alaskan experience and know-how to help ensure the success of the project." Joe Usibelli, Jr.. President of UCM. c-ointed out that the high quality surface b�:uminous coal at Wishbone Hill will complement the company's production at Healy. "Wishbone Hill coal is suitable for sale into domestic and international —arkets either as a direct marketed croduct or as a blend with Healy coal.- Usibelli said. "Our staff is excited about the Wishbone Hill Coal Project and is continuing to work on plans for bringing the property into production as soon as is feasible." Production to begin at Illinois Creek The State of Alaska has issued the --acessary permits allowing production tc oegin at the Illinois Creek Gold Mine. miles southwest of Galena. This is second maior cold mine to begin _-.auction in Alaska this year. The Illinois Creek Mine will employ __ to 90 peoole and is expected to - duce 55.000 ounces of gold annu- and 390.000 ounces of silver per =ar for the next s x to eight years. JUIy ' _ _ % RESCURCE REVIEW Page Resource Development Council 721 W. Fireweed. Suite 250, Anchorage. AK 99503 -CDRESS CQFFECT N REQUESTE-- ..... y �.. yr' Mawr Jahn Williams Cite of Kenai 10 suite 200 Kenai .�K ?0611 Bulk Rate U.S. Postage PAID Ancroraae. ? Perm�T No. 37- Page 8 :' RESOURCE PE', _�;`l ' 997 We keep you informed A monthly Pul Business News CHAMBER producau ` Political Events Greater Sold-otna Community issues � TO J111 �� ,Y Volume 10.............Issue 7 July 1997 Chamber of Commerce buLWLJU I *vi*jkj I I A IT'S MY KIND OF TOWN ! The City of Soldotna and the Chamber of Commerce present the Annual Progress Days Celebration on July 26th. Festivities will begin with a parade at 11:00am. Parade line-up will begin at 9:00am on Aspen Street, it will then go down Marydale to Binkley, and will *follow Binkley, with the reviewing stand in front of the Borough Building, and will end on � West Wilson at Foster Construction where there will be vendors and entertainment throughout the day. �r The local media will be announcing schedules of events as we get closer to the date. s VENDORS WANTED If you would like to make some money for you or your organization, stop by the Chamber office and pick up a vendor contract. For a minimal fee of $100 for a 10' X 10' space or only $50 if you are a non- profit organization. The parade route will be ending at the vendor location on West Wilson, so we're expecting a good crowd. ........................ WIN A RIBBON. . Showcase your club, organization, • business. or your kids and enter the • Annual Progress Days Parade. • All you have to do is fill out the enclosed parade application and • fax, mail or bring it to the chamber : office as soon as possible. : Who knows, you might even win a ' ribbon. Ribbons will be awarded for . 1 st and 2nd places in each Spaces are limited, and it's first come, first serve, so : category and one Grand you will want to get your contract in as soon as :Overall Ribbon. possible. ........................ i LNX YOU FOR YOUR CONTINUED SUPPORT THE FOLLOWING MEMBERS RENEWED THEIR MEMBERSHIP DURING THE MONTH OF NNE Aalaska Treetop Bed & Breakfast Alaska Fishing Charters/ Soldotna B & B Lodge Alaska Maritime Tours, Inc. Alaska Physical Therapy Alaska RoadBuilders, Inc. Alaska Wildland Adventures Alaskan Game Fisher Aurora Sportfishing Beluga Lookout RV Park Freddie Billingslea Steve & Jeanie Booth Capt. Bligh's Beaver Creek Lodge Chocolate Drop Bed & Breakfast City of Soldotna Representative Gary Davis Denise Lake Lodge Don's Hobbies Duck Inn Ed's Kasilof Seafoods, Inc. Edgewater RV Park First National Bank of Anchorage Freedom Realty Goodnight Inn Lodge Great Alaska Fish Camp Heritage Place High Adventure Air Hi-Lo Charters & Riverside Lodge Irish Lord Charters Johnson Bros. Guide Service & Outfitters Jughead Salmon Charters Kenai Backcountry Lodge Kenai National Wildlife Refuge Kenai Peninsula Condos & Apt. Kenai River Lodge King's Kitchen Bed & Breakfast Klondike Mike's Driftboat Fishing Krog's Kamp LD's Print Shop Last Frontier Insurance Cache Loyal Order of the Moose MACTEL, Inc. Major Marine Tours McLane Consulting Group Midas Auto Systems Experts Moose Creek Lodge National Bank of Alaska Natron Air Omega Consulting Group Osprey Alaska, Inc. Pier One Theater Posey's Kenai River Hideaway B & B Rod & Real Charters Ship to Shore Tours Soldotna Y Chevron Solid Rock Bible Camp & Convention Center Spruce Avenue Bed and Breakfast Sunset Park Sports Fishing Swiftwater Bed & Breakfast The Fishin' Hole Phyllis Torwick PROGRESS DAYS DIGNATARIES KING & QUEEN � f' Senator & Mrs. Torgerson GRAND MARSHAL Barbara Jewel MASTER OF CEREMONIES CANCELLATION STAMP AVAILABLE You can get your special 1997 Soldotna Progress Days Cancellation Stamp at the Soldotna Post Office beginning July 19 through the 27. If you would like a stamp after the 27th, you can send in an envelope, and they will cancel it with the special stamp and send it back to you. This is available through August We would like to thank Betty Harris of JB Stor n Lok for heading up the chamber float committee for the 4th of July Parade. And to Michael Mishou of the Market Place and Copyworks who has very generously volunteered to schedule the entertainment for the Progress Days Celebration vendor sight.) Also, we would like Neil Hayes to know how much we appreciate his donation of electrical work at the Soldotna Bingo Hall. WELCOME CHIEF The Board of Directors and staff of the Soldotna Chamber of Commerce would like to welcome our new Chief of Police, Shirley Warner. SPONSOR A L We are inviting our members to sponsor a atreet banner. Your banner, simular to the ones already in place, would be displayed on the light pole in front of your business. Approximate cost would be $230 which includes the bracket. We have 16 banner sponsorships available. WELCOME jNEW MEMBERS' Al Gagnon & Sons Jimmie Jack Charters Peninsula Market Place Dave Gagnon Jim Drath Michael Mishou PO Box 3280 PO Box 1270 405 Overland, Ste., #102 Soldotna, AK 99669 Kenai, AK 99611 Kenai, AK 99611 262-4160 283-6488 283-6503 B & B Assoc. of the Kenai/Soldotna Area Kalaska Bed & Breakfast Juanita Ross WW "Bud" Kasulka PO Box 2996 PO Box 787 Soldotna, AK 99669 Cooper Landing, AK 99572 262-7526 595-1230 Clam Shell Stables Janet Vail PO Box 11 Clam Gulch, AK 99568 262-7230 Cook Inlet Ferry Services/Nikao, Inc Tom Wilkisson HC 2, Box 370 Soldotna, AK 99669 283-9766 Kenai Lake Cabins Cameron & Sandra Hawthorne PO Box 704 Cooper Landing, AK 99572 595-1302 Kenai River Family Campground Joe Duran PO Box 2671 Soldotna, AK 99669 262-2444 Golden International Bed & Breakfast Marcie's Janitorial Jo -Chi -Hu Marcie Thomas PO Box 3902 PO Box 2770 Sodlotna, AK 99669 Kenai, AK 99611 262-7862 260-3016 International Karate Association Richard Isley PO Box 3382 Kenai, AK 99611 262-9297 BUSINESS OPPORTUNITY The Chugach National Forest is seeking interested individuals or businesses to develop and operate recreation and highway services at Turnagain Pass. If you are interested in this opportunity, stop by the Chamber office for additional information or to view the prospectus. Old Town Village Restaurant Paul & Sandra Vozar 1000 Mission Ave. Kenai, AK 99611 283-4515 The Soldotna Visitor Center Gift Shop is now featuring exclusive, numbered Alaska Mint Silver Medallions with the Soldotna Logo. They are beautiful! We also have new hats & shirts and Christmas ornaments. Perfect souveniers for that special out-of-town visitor. Resurrection Trail Resort Alex Belanger PO Box 1245 Sterling, AK 99672 1-888-Hat-Haun Ridgeway Farms Abby Ala PO Box 1863 Soldotna, AK 99669 283-9166 Sign Pro of the Kenai Peninsula Kurt Watkins 35330 K-Beach Rd. #5 Soldotna, AK 262-3558 Sterling Spruce Bed & Breakfast Joan & Mark McWhirter PO Box 4411 Soldotna, AK 99669 262-2187 Tanglewood Bed & Breakfast Delora Garcia PO Box 203 Kenai, AK 99611 283-6771 BE-gU7''1 C-gTION Well, Mavis is on the job again! Mavis Blazy- Lancaster is heading up the summer beautification contest and has recruited Diana Spann and Joyce Bocksnick to help her judge the prettiest yard in Soldotna. Judging will be July 28 through August 1 and prizes will be awarded for 1st, 2nd and Honorable Mention in both business and residential categories. JULY CHAMBER LUNCHEON CALENDAR July 1 Commissioner John Shively, Department of Natural Resources July 8 Vicky Dodge, Peninsula Home Health Care July 15 Commissioner Hensley, Department of Commerce & Economic Development July 22 Andrew Carmichael, Director, Central Peninsula Sports Center July 29 Senator John Torgerson ,giea Soedataa. 44790 Semeal g may. , Sofdorg4. ,4,< 99669 It BULK RATE U.S. Postage PAID Permit No 5 Soldotna, AK 99669 Mayor John Williams HAPPY INDEPENDENCE DAY! City of Kenai 210 Fidaigo AK 0961' Kenai Printed courtesy of The Copyworks, 405 Overland Street, Suite #102, Kenai Alaska 99669, 283-6503 1997 BOARD OF DIRECTORS President Ken Lancaster Jr Lancaster Enterprises 262-4591 Vice President Mike Sweeney Sweeney's Clothing 262-5916 Sec/Treasurer Bob Sizemore Bank of America 283-3369 Past President Sammie Cole Southcentral Title 262-4494 Norman Blakeley Alaska Trading Company 262-6100 Richard Brown Soldotna Historical Society 262-9322 Rik Bucy Fred Meyer 260-2200 Michele Glaves Peninsula Clarion 283-7551 Clyde Johnson K.P. Economic Dev. District 283-3335 Linda Kuiper TransAlaska Title 262-5708 Linda Parker Kenai Peninsula Food Bank 262-3111 Diana Spann MacTel Cellular Systems 262-3500 Executive Director Justine Polzin Soldotna Chamber 262-9814 Office Assistant Randi Smith Fax .............................................. 262-356L E-Mail: solchmbr@ptialaska.net (donated by PTI Communications) Web Page: www.ptialaska.net/--solchmbr/ J 3 m _ Z o +c v f0 C7 N � —•�i S J � � r� —Z s J� 1•• � V ^ N ki Lu O W A Q u � Ik .2' ^ O U WOO 2CO tA f,QO azZVzn Z Q W LAW Q uj w LAZ Z Z v W lan Z v d — IL. rl N CC i V N V L I 1 h Z i 0.0 ^ M �i CV-4 ( N M I i i m oC UJ rt ul ^U v I z ZZZ OU OOU OOU UUu s VUUU ~ anca ca md -a U U �A- v U v U v N M C ^ N M Z Z W / 0W I zy WZVO NWO�OO=IW03< Z>Q I Z ='ZY =5 ..'' —lr 0Up y�QY 9 ?O 00 V?QQ W V y Q000 F>a=� OWVW JQ O V U ^ JO tn N N I , I i I , i m i Lu z r NZ? LLJ L _ NZ_ L V :J L Z U m eb e Z U U :J U WORK SESSION PACKET JULY 16, 1997 DISCUSSION: ENGINEERING SUPPORT INC.'S (ESI) DEVELOPMENT PROPOSAL FOR A STRUCTURAL/ INDUSTRIAL FIRE TRAINING FACILITY. WORK SESSION SCHEDULED FOR IMMEDIATELY FOLLOWING JULY 16, 1997 COUNCIL MEETING CITY OF KENAI it Od eat 4 4&d4a„ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 trftyq ,III'I 1992 Memorandum Date: July 14, 1997 To: Mayor and Council From: Richard A. Ross, City Manager A- RE: Engineering Support, Inc. (ESI) — Development Proposal Attached are points for contract negotiations with ESI. After my conversations on July 5, 1997 with Mr. Maurice Ranc, CEO of ESI, it was understood that ESI's original proposal was not being presented for consideration of Council. Two issues to be resolved by Council that affect negotiations for both ESI and ARFF Management are described below. 1. The Administration recommends that the ten acre parcel for both the ARFF site and ESI site be maintained in the General Fund City lands program at this time. This will allow more flexibility in use and development of the ESI site, future expansion capabilities of ESI, as well as any other uses. The down side of this is the City General Fund could sell the Airport Fund the land and receive the $42,000 appraised value for the General Fund Land Trust Fund. The General Fund would then receive approximately $2,400 in annual earned interest. We believe that the loss of the $2,400 is more than made up for by site flexibility for future development, flexibility that would be lost if the property were in the Airport Land system. After property development, a decision can be made on what lands, if any, to transfer from General Fund Land to Airport Land. 2. The Administration recommends that a non -potable well be developed on the site. It is estimated this would cost approximately $50,000. The funding source would be the ARFF project to the extent of ARFF's usage. Approximately 30% funding for this should come from the General Fund for projected ESI usage. If this is not done, then the present water volume and pressure problems noted in the City during hot, dry periods of peak water usage will be further impacted. ESI's needs are not the generator of these concerns. ARFF is the high volume and flow rate user. Attachment cc: City Attorney Finance Director PROPOSAL TO ESI FOR INDUSTRIAUSTRUCTURAL SCHOOL These negotiating points for discussion are based on the premise that the Council has agreed the property should be maintained in City ownership and that a non -potable well would supply ARFF firefighting needs. ESI would draw firefighting water from the same tank as the ARFF facility. 1. ESI has requested a 30 year lease at $1.00 per annum. Based on current appraisal, assuming 6% lease rate, the City would normally receive approximately $250.00 per annum for this lease. The Administration has no problem with the $1.00 per annum proposal. It would bypass the need for formal surveys, titling, and formal appraisals. A metes and bounds survey would be all that is necessary which could be accomplished in-house. 2. ESI has requested five year relief from property taxes. Attached is a copy of a memo from Mr. Semmens on this issue. If the improvement is appraised at $1 - 2 million, this could cost the City up to $3,500 - 7,000 per year. ESI would have to make its own proposal to the Kenai Peninsula Borough for the Borough portion of the mill rate. 3. The City has been requested to supply firefighting water supply, lines and hydrants to the site. Approximate cost would be $20,000. Source of funding would be the General Fund. Water would be from same source as ARFF water at no cost to ESI. 4. ESI will be responsible for site development. 5. City will be responsible for utility extensions to site. This involves gas and electric. ESI can operate it's training facility on natural gas. This would involve a 2" line to site — if Enstar approves. Costs are unknown. Source would be the General Fund. 6. ESI would pay domestic utility charges for any domestic uses. 7. ESI would provide fire industrial/structural training to Kenai Fire Department personnel at no charge based on space available — value to City is $5,000+ per year. 8. Specific performance standards required in lease: Twelve months a year operation of facility with local management in place, and other appropriate provisions will be negotiated. PROPOSAL TO ESI TO PROVIDE MANAGEMENT OF ARFF FACILITY The Administration recommends that we enter into negotiations with ESI for professional management services for the ARFF facility. This would be for a five year contract. 1. The City will pay ESI a management contract of $25,000 per year to operate the ARFF facility. (Source is Airport M & O fund) 2. The City will receive % of all tuition per ARFF student for each ARFF student trained above (number). (Negotiation to determine break-even point after consideration of management contract. Revenue to go to airport.) 3. City will receive $ per day for use of classrooms when ESI is conducting training there in conjunction with the industrial/structural facility. Revenues to go to the airport. 4. City will receive any lease or rents for occupancy of the rooms on building's upperfloor. Payment of any utilities and janitorial to be negotiated with ESI. Net revenue received to go to airport. 5. Domestic utilities of the building will be paid by ESI. 6. Propane used in ARFF training will be paid by ESI. 7. Training water from non -potable well — no charges to ARFF program. 8. ESI responsible for all routine maintenance of props, sensors, and controls. ESI responsible for janitorial services of building. 9. City responsible for grounds maintenance and snow removal. City will provide maintenance on structural, electrical, mechanical and plumbing systems of building. 10. City Fire personnel will be trained without charge at the ARFF facility. Value to City approximately $5,000+ per year. 11. Management contract will be for five year period with 180 day cancellation clause. 12. Performance standards (proposal will be requested from ESI for review and comment). (a) Operation criteria (b) Marketing criteria MEMORANDUM TO: Richard Ross, City Manager FROM: Larry Semmens, Finance Director ?tA DATE: July 3, 1997 SUBJECT: Tax Waiver For ESI Here is what I have found on tax exemption. I. State Law A) 29.45.050(m) Optional Exemptions 1. Economic development property can be exempted from taxation for up to 5 years 2. Such exemption can be renewed as established by the ordinance 3. May also defer payment for 5 years 4. Written notice must be given that the ordinance can be repealed through referendum 5. The ordinance effecting the exemption must list specific eligibility requirements and require a written application for each exemption 6. The property exempted must be property that a) has not previously been taxed b) is used in a trade or business that creates employment in the municipality II. Borough Code A) 5.12.116 Mirrors State law III. City Code Nothing on Tax Exemption in 7.05 IV. Comments It appears that we need to pass a general ordinance which establishes guidelines for a tax exemption for economic development. The Borough ordinance would be a good place to start. Copies attached T-` U 5.12.115 REAL PROPERTY AND PERSONAL PROPERTY TAXES 5.12.115 Real property tax - Exemptions — Residential real property. A- The first $10,000 of assessed valuation of residential real property owned and occupied as the permanent place of residence in the borough, shall be exempt from the borough tax levy on real property within the Kenai Peninsula Borough. B. No exemption under this section may be granted except upon written application on a form prescribed by the assessor. The owner must file the application no later than January 1 Sth of each assessment year for which the exemption is sought. (Ord. 78-45 § 1, 1978). 5.12.116 Economic development property exemption. A. The assessed value of property used for economic development, as defined in this section, is partially exempt from borough property taxes, under the conditions listed in this section. B. "Property used for economic development", as used in this section, means that part of real or personal property, as determined by the borough assessor, that: 1. Has not previously been taxed as real or personal property by the borough; 2. Is used in a trade or business in a way that a. Creates employment in the borough; and b. Generates sales outside of the borough of goods or -services produced in the borough; or materially reduces the importation of goods or services from outside the municipality; 3. Has not been used in the same trade or business in another municipality for at least six months before the application for exemption is filed; this paragraph does not apply if the property was used in the same trade or business in an area that has been annexed to the municipality within six months. before the application for deferral or exemption is filed; and this paragraph does not apply to inventories. C. The exemption shall be for fifty percent (50%) of the assessed value of the property, for up to five consecutive years. D. Any proposal must be approved by assembly resolution after public hearing. E. In order to qualify for this exemption, an applicant must file, with the borough assessor, a written application for the exemption no later than January 15 of each assessment year for which the exemption is sought. The application shall be on a form prescribed by the borough assessor, and shall include all information determined to be necessary by the assessor to determine eligibility of the property for the exemption. If the applicant fails or refuses to provide information required or requested by the assessor, within the time period set by the assessor, the exemption shall be denied. The assessor may make an independent investigation of the application or property in making a determination under this section. The assessor shall notify the applicant, in writing, of the assessor's determination on the application for exemption. F. An applicant delinquent in the registration for, filing of a return for, or payment of, any borough or city property or sales tax, or borough special assessment, may not be granted an exemption under this section. (Ord. 93-03 §1, 1993). 5.12.117 Real property tax — Exemptions — False representations prohibited — Penalties. A. No person shall file with the borough any application for exemption from real property valuation or taxation if the application contains any false representations. B. A violation of this section is a misdemeanor punishable by a fine of not more than $500.00 KENAI PENINSULA BOROUGH SuPP. 49 - 6/96 5 - 18.2 §29.45.050 ALASKA STATUTES §29.45.050 (k) A municipality may by ordinance approved by the voters exempt from taxation pollution control facilities that meet requirements of the United States Environmental Protection Agency or the Department of Environmental Conservation. An ordinance adopted under this subsection may not provide for an exemption that exceeds five years in duration. (1) A municipality may by ordinance exempt from taxation an interest, other than record ownership, in real property of an individual residing in the property if the property has been developed, improved, or acquired with federal funds for low-income housing and is owned or managed as low- income housing by the Alaska Housing Finance Corporation under AS 18.55.100 - 18.55.960 or by a regional housing authority formed under AS 18.55.996. However, the corporation may make payments to the municipality or political subdivision for improvements, services, and facilities furnished by it for the benefit of a housing project, and this subsection does not prohibit a municipality from receiving those payments or any payments in lieu of taxes authorized under federal law. (m) A municipality may by ordinance partially or totally exempt all or some types of economic development property from taxation for up to five years. The municipality may provide for renewal of the exemption under conditions established in the ordinance. However, under a renewal, a municipality that is a school district may only exempt all or a portion of the amount of taxes that exceeds the amount levied on other property for the school district. A municipality may by ordinance permit deferral of payment of taxes on all or some types of economic development property for up to five years. The municipality may provide for renewal of the deferral under conditions established in the ordinance. A municipality may adopt an ordinance under this subsection only if, before it is adopted, copies of the proposed ordinance made available at a public hearing on it contain written notice that the ordinance, if adopted, may be repealed by the voters through referendum. An ordinance adopted under this subsection must include specific eligibility requirements and require a written application for each exemption or deferral. In this subsection "economic development property" means real or personal property, including developed property conveyed under 43 U.S.C. 1601 - 1629e (Alaska Native Claims Settlement Act), that (1) has not previously been taxed as real or personal property by the municipality; (2) is used in a trade or business in a way that (A) creates employment in the municipality; (B) generates sales outside of the municipality of goods or services produced in the municipality; or (C) materially reduces the importation of goods or services from outside the municipality; and §29 152 50 1 \29.45.050 ALASKA STATUTES §29.45.050 (3) has not been used in the same trade or business in another municipality for at least six months before the application for deferral or exemption is filed; this paragraph does not apply if the property was used in the same trade or business in an area that has been annexed to the municipality within six months before the application for deferral or exemption is filed; this paragraph does not apply to inventories. (n) A municipality may by ordinance classify as to type inventories intended for export outside the state and partially or totally exempt all or some types of those inventories from taxation. The ordinance may provide for different levels of exemption for different classifications of inventories. An ordinance adopted under this subsection must include specific eligibility requirements and require a written application, which shall be a public document, for each exemption. (§ 12 ch 74 SLA 1985; am § 1 ch 103 SLA 1985; am § 5 ch 70 SLA 1986; am § 1 ch 151 SLA 1988; am § 2 ch 73 SLA 1989; am § 1 ch 98 SLA 1989; am § 15 ch 93 SLA 1991; am § 107 ch 4 FSSLA 1992; am § 1 ch 66 SLA 1993; am § 1 ch 7 SLA 1994; am § 1 ch 65 SLA 1994) Revisoes Notes. — Subsection (h) of this section was enacted as AS 29.53.025(h). Renumbered in 1985. Chapter 103, SLA 1985 also enacted, in § 2, AS 29.63.066, which provides an exemption identical to that set out in (h) of this section from taxes levied under former AS 29.63, repealed by § 88, ch. 74, SLA 1985. The provisions of former AS 29.63 were substantially incorporated in AS 29.45, and the addition of subsection (h) to AS 29.45.050 makes it unnecessary to codify § 2, ch. 103, SLA 1985 to achieve the legislature's purpose. Effect of Amendments — The 1988 amendment, effective January 1, 1989, added subsection (1). The first 1989 amendment, effective May 31, 1989, in subsection (e), deleted "However" from the beginning of the third sentence and added the aresent last sentence. The second 1989 amendment, effective September 10, 1989, added subsections (m) and (n). The 1991 amendment, effective September 30, 1991, insetted "including a person who was disabled in the line of duty while serving in the Alaska Territorial Guard" in paragraph (i)(2). The 1992 amendment, effective July 1, 1992, rewrote subsection (1). The 1993 amendment, effective September 22, 1993, in subsection (n), deleted the former second and third sentences. Legislative History Reports. — For legislative letter of intent in connecrion with the enactment of (m) and (n) of this section by ch. 98, SLA 1989 (SCS CSHB 272(Fin) am S), see 1989 Senate Journal 1866. Notes to Decisions — City may not exempt property without express authority. - The authority of a municipal corporation to allow exemptions of particular property from taxation unless expressly conferred by law, has very generally been denied. Valentine v. City of Juneau. 36 F.2d 904 (9th Cir. I929), decided under former, similar law. Cited in City of Valdez v. State, Dep't of Community & Regional Affairs, 793 P.2d 532 (Alaska 1990). 153 MAYOR'S REPORT JULY 169 1997 COUNCIL MEETING CHANGES TO THE AGENDA BY: POSTPONE: C-1, Ordinance No. 1754-97 - Amending KMC 14.20.160(b)(6)[A] regarding townhouses to August 6, 1997 council meeting when action will be taken on the Land Use Table ordinance. Administration REMOVE: C-3, Resolution No. 97-49 - Awarding the Bid for the "Airport 1/2 Ton Sport Utility Vehicle." Administration CONSENT AGENDA MAYOR'S REPORT 1791 - 1"l C= OF ICENAL W Capda( o� 4hAd TO FROM /z— PJLBL4RKL- 210 Fidalgo, Suite 200 Kinai,.Almka 99611-7794 Phone 907-283-7535 Fax 907-283-3014 Date /7 1 // / Number of Pam--L- •uoou_ialju XLp!j j uo olddiS pg of paxu3 on (gui uoq oilgnd jo3 soomuipzo puv suoilnlosoi tpuoSu) sluownoop a&'d auzoH •urd oo:s a.zojag pox j st uouLID oql Xq pagsilgnd upuo2v a p jo uoiliod agZ •si�vpuoW uo XIILnsn lalloed ziogl s)loid uouLID aq,l, •Isop goludsiCl IuowlzudaQ aotlod of slaIoed ItounoD Oo,av `x000w ULor DDAN V3H `salI IMI (UuloPloS/snnaN ,(IiLlQ) allli'I uor dg `-�alliL�I �Ilag Pg IoulsiQ ouolsiH uolluordtln og Zl'd oa2l W slid G1c1 X)-iogzL'H Xjujq!Z gut?v ljodziV suoissitutuoD HIAITIff (agaimlouV/smoN XIie(j) `.zalunH uoQ (IQg owowwoo jo zaguzvgD ttua}I (zauzoH) IggII (s}loow uvQ :ully) mS-I s.zaguiowXlquzassV xtj p.Ivog Upoling IL'iatj30 dIS �Iaoc sloa llS ieiolijo' Pig aou'eualulvw 'sPlg dogS •sue oilgnd •ooS 'sW oilgnd d.LS NollIIgRLLSIQ V(tNI:19 13autSug •002l W s)Izvd uouejo / liodjiv uJl , slJOAi oilgnd zaluoDioiuos IingoscpX ' aoueul j 7—IuDwindaQ aotlod jai?uudS p.zoJpooAN ra��u�y�1 �li� Iuauzlt�daQ azi3 Itounoo pue .ioXPW G6 :Hlvcl oNligElw 'Tio Inoo NollfittlHISIQ iLamavd IllaNfloa KENAI CITY COUNCIL MEETING July 16, 1997 INFORMATION ITEMS 7/2/97 Kenai City Council Meeting "To Do" List. 2. Contract for Central Peninsula General Hospital, Inc. and Kenai Peninsula Borough, Nikiski Fire Service Area, Central Emergency Service Area, Central Peninsula Emergency Medical Service Area, City of Kenai, Ninilchik Community Ambulance Association and Cooper Landing Rescue, Inc. (for educational purposes). 3. 7/97 Resource Development Council, Inc., Resource Review. 4. 7/97 Greater Soldotna Chamber of Commerce, Your Chamber Today. KENAI CITY COUNCIL MEETING JULY 2, 1997 "TO DO" LIST Admin - Include a zoning map with Ordinance No. 1752-97 (land use table). This ordinance has been tabled until the first meeting in August. Review Corps bluff study and keep the project close to the top of the future projects list. Items of concerns: a car with a broken out window behind the old Tesoro station; a boat and trailer on Fourth and Spruce sitting on city property; junk around trailers by the Middle School; collection of items, both in front and behind the auto shop by Louie's restaurant. Clerk/ Mayor - Review AML awards application, using Economic Forum as topic. COUNCIL FYI ITEMS 7 GdGt"t- ��� ) National 1301 Pennsylvania Avenue N.W. J J League Washington, D.C. of 20004 CitiesFax: June 23, 1997 ' C (20 t— JUN 1997 a MEMORANDUM KENAI CITY CLEF='' To: City Clerks of Direct Member Cities /� Executive Directors of State Munic� al I1eaQues From: Donald J. Borut, Executive Officers President Mark Schwartz Council Member, Oklahoma City, Oklahoma First Vice President Brian J. O'Neill Council Member, Philadelphia, Pennsylvania Second Vice President Clarence Anthony Mayor, South Bay, Florida Immediate Past President Gregory S. Lashutka Mayor, Columbus, Ohio Executive Director Donald J. Beirut Subject: Opportunity to Present Proposed Amendments to the National Municipal Policy and Separate Resolutions, Annual Congress of Cities, December 3-6, Philadelphia, Pennsylvania NLC's direct member cities and state municipal leagues are invited to submit policy proposals and resolutions for consideration at the NLC's Congress of Cities in Philadelphia, Pennsylvania, December 3-6, 1997. Procedures for submitting such proposals are described in this mailing. Please disseminate this information to your mayor, all members of the city council, and the city manager. Additional copies can be faxed or e-mailed; call Lesley -Ann Rennie at (202) 626-3176 or E-mail at rnnie@nlc.org. The National Municipal Policy is the comprehensive policy statement of the National League of Cities. It is subject to amendment at each annual business meeting of NLC. Please submit proposed amendments or resolutions to the National Municipal Policy using the format outlined on the enclosed inserts. The National League of Cities' Board of Directors established the following guidelines for policy proposals to be considered for adoption at the Congress of Cities: Past Presidents: Carolyn Long Banks, Councilwoman -at -Large, Atlanta. Georgia • Glenda E. Hood, Mayor, Orlando, Florida • Sharpe James, Mayor. Newark, New Jersey • Cathy Reynolds, Councilwoman -al -Large, Denver, Colorado • Directors: Floyd Adams, Jr., Mayor, Savannah, Georgia • Ken Bacchus, Councilman. Kansas City. Wssoun • GeoHrey Beckwith, Executive Director, Massa- "` - setts Municipal Association • Sharon Bayles Belton. Mayor, Minneapolis, Minnesota • Thomas G. Bredeweg, Executive Director. Iowa League of Cities • Lucille C. Brogden, Councii Vice President, Hyattsville, Maryland • Susan J. Cave, Executive Director, Ohio Municipal League • Carol Y. Clark, Councilmember, East Orange, New Jersey • Mary Clark, Council Member. Camden, South Carolina • Carl Classen. Executive Director, Wyoming Association of Municipalities • John DeStefano, Jr., Mayor, New Haven, Connecticut • Thomas Duane, Councilmember, New York, New York • Jerry Dunn, Mayor, Benbrook, Texas • Howard E. Duvall, Jr., Executive Director, Municipal Assocaton of South Carolina • Gene Feldman, Alderman, Evanston. Illinois • John Ferraro, City Council President. Los Angeles. California • Patricia Figueroa, Council Member, Mountain View, California • Stan Finkelstein, Executive Director, Association of Washington Cities • William F. Fulginiti, Executive Director, New Mexico Municipal League • Paul Heimke, Mayor, Fort Wayne, Indiana • Victor Hernandez, Councilmember. Lubbock, Texas • Linda Lawrence, Alderman, Wausau, Wisconsin • Patricia Lockwood, Mayor, Fenton, Michigan • Beverly Metton, Board of Aldermen President, Louisville. Kentucky Joe Murdy, Assembly Member, Anchorage, Alaska • William F. Murphy, Mayor, Woodridge, Illinois • Thomas C. Owens. Councilmember, Overland Park, Kansas • Sedalia Sanders, Coun 1 Member, El Centro, California • Marjorie Schramm, Mayor, Kirkwood, Missouri • Larry L. Schultz, Councilman, Rockledge. Florida • Judy Ferguson Shaw, Councilwoman. Berkeley, Missouri • Eric Smith, Council President, Jacksonville, Florida • Harry Smith, Mayor, Greenwood, Mississippi • Tommy Swaim, Mayor, Jacksonville. Arkansas • Reford C. Theobold, Council Member, Grand Junction, Colorado • William E. Thornton, Mayor. San Antonio, Texas • Jack Valencia, Jr., Councillor, Las Cruces. New Mexico • Marcie Weaver, Council Member. Jackson, Mississippi • George C. Wright, Jr., Executive Director. Delaware League of Local Governments • Charles C. Yancey, Councillor, Boston, Massachusetts Recycled Paper All policy proposals, whether amendments to the National Municipal Policy or separate resolutions: a. shall -- in their subject matter -- concern shared policy and program needs, issues or problems of the nation's municipal governments; b. shall be concerned with federal government policy and, therefore, be addressed to federal government policy makers; C. shall neither contradict nor duplicate existing NLC policy statements, except where they are intended to amend or repeal such policy; d. shall not compromise the independence or integrity of individual member cities to pursue any course of action adopted by appropriate municipal policy -making bodies; and e. shall not compromise the budget making, program determining, or priority setting role of the NLC Board. 2. Proposed amendments to the National Municipal Policy should specify city positions on federal roles and responsibilities, policy goals, purposes, principles and/or program characteristics within the broad subject areas. They should not refer to proposed Congressional legislation by title, sponsor's name, or bill number. 3. Resolutions should be restricted to those action -specific items of short-term utility addressed to the Congress or the President. In separate resolutions, specific reference to proposed legislation by title, sponsor's name, or bill number is appropriate. 4. Resolutions shall be considered only when they do not conflict with or contradict the existing National Municipal Policy. All proposals received in NLC's offices by the close of business on August 4, 1997, will be assigned to one of NLC's six steering committees for preliminary review at their fall meetings. All proposals will be reviewed by the full policy committees when they meet on Wednesday, December 3, in Philadelphia. Members submitting proposals will be notified of the committee to which their proposal is referred and the time and place of the policy committee meeting. In order for a proposal to be considered, the sponsor or a representative must appear before the policy committee in Philadelphia to defend it. 2 All advance proposals to amend the NLC National Municipal Policy and advance separate resolutions must be submitted to: Sharon Anderson Center for Policy and Federal Relations National League of Cities 1301 Pennsylvania Avenue, N.W., 51h Floor Washington, D.C. 20004 Members are encouraged to submit their proposals by August 4 to allow for a thorough review of the issue. Submitting a proposed amendment or alternative after the deadline does not foreclose or in any way jeopardize your opportunity for consideration. Proposals may be submitted at the Policy Committee meeting on December 3. But submitting your proposal before the August 4 deadline gives your city the greatest chance for full consideration. To do so, it will be best to work with the policy committee delegation from your state. Contact the Policy Office for more information on this alternative procedure. Further information regarding the NLC policy process may be secured prior to the Congress of Cities from Sharon Anderson (202) 626-3027 or send an E-mail to Anderson@nlc.org. nmp9Zcoc 1997 CONGRESS OF CITIES PHILADELPHIA, PENNSYLVANIA EXPLANATION OF PROPOSED POLICY AMENDMENT OR RESOLUTION Submitted by: (City or State Municipal League) Name: Date: Title: SSSSSSS PLEASE TYPE SINGLE SPACE BELOW THIS LINE SSSSSSSS A sheet like this should accompany each proposed amendment to the National Municipal Policy and each proposed resolution. It should describe the nature of the problem or concern being addressed from a municipal perspective and discuss the proposed action which is being advocated to address the problem. It should add to the information contained in the body of the proposal. PROPOSED RESOLUTION "SAMPLE ONLY" OCEAN DISPOSAL OF NUCLEAR WASTES WHEREAS, the United States Navy has a proposal to dispose of up to 100 defueled decommissioned nuclear submarines during the next three decades; and WHEREAS, one of the options is for ocean disposal of these submarines; and WHEREAS, the oceans are a food source for much of the world's population and contamination of the food chain could have far reaching implications; NOW, THEREFORE, BE IT RESOLVED the National League of Cities should support the 1972 ban on all ocean dumping of nuclear wastes until it can be demonstrated that the safety and efficiency of ocean disposal offers less harm to human health and the environment than other practical alternative methods of disposal. TYPING INSTRUCTIOI�r�' a.:', lid "'',I .'y,r iigtY; :.�i„ • . a :n $". • i1. .�Y +jtj i'i• .6' �N '4;41 _. 'Vile chstribute rc'�ur suI'' isston to 1 . �,• 1 LC's as 4ou ',;,,subiriit,lt to us, It would l]Clp f : s. �•ou could Follau� these clines. ;'.hider the words "Proposed Resolution", tyPC,tic'. •k' ins' �. •a ,y ."., �"!4 !+i'i4�'v..YYiiy•n 1'76 '...•I' . n ,hake sure to t}p ur. rys: e in the resolutiorns sponsor. itF or state urt]al league) i'r NOTE, 'Please sulrliit a i 1 /2 inch disk, marked wv�"ith game of the + � sol;'twarc, acid a t;•pcd copy. Microsoft Word docume are preferred. Submitted by: (MUST BE COMPLETED) Date Received: (LEAVE BLAND Referred to: (LEAVE BLANK) 1791-1991 1 = OF EENAI Cap & o� *, FA)." TO FROM 210 Fidaigo, Suite 200 lUnaL. Alaska 99611-7794 Phone 907-283-7535 Fax 907-293-3014 Date- / // / , Number of Page X,;?-� �� V,�.� AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 16, 1997 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/city B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS 1. Ordinance No. 1754-97 - Amending Kenai Municipal Code 14.20160(b)(6)[A] to Specify Allowed Building Coverage of Lots for Townhouses in All City Zones. 2. Resolution No. 97-48 - Endorsing the Continuation of the Tustumena Lake Sockeye Salmon Fisheries Enhancement Project. 3. Resolution No. 97-49 - Awarding the Bid for "Airport 1/2 Ton Sport Utility Vehicle" to Hutchings Chevrolet, for a Total Amount of $27,898.00. 4. Resolution No. 97-50 - Awarding a Contract for Banking Services to National Bank of Alaska. 5. Resolution No. 97-51 - Transferring $42,000 in the General Fund for Contracted Services of the Interim City Manager. 6. *1997/98 Liquor License Renewal - Kitchen Express & Seafood Saloon - Restaurant/Eating Place. A WORK SESSION WILL BE HELD IMMEDIATELY FOLLOWING THE COUNCIL MEETING. THE TOPIC OF DISCUSSION WILL BE ENGINEERING SUPPORT, INC.'S DEVELOPMENT PROPOSAL FOR A STRUCTURAL/INDUSTRIAL FIRE TRAINING FACILITY. Additional information can be found at http://www.Kenai.net/city. The public is invited to attend and participate. Carol L. Freas City Clerk