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1998-02-04 Council Packet
Kenai City Council Meeting February Packet 4, 1998 AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 4, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Kenni.net/city BOARD OF ADJUSTMENT HEARING - CHUMLEY/CHUMLEY APPEAL A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS Ordinance No. 1772-98 - Appropriating a $116.01 Donation From Barry Norwood to the Animal Shelter. *Liquor License Renewal - Boy's Ltd, d/b/a One Stop Liquors - Package Store. 3. *Liquor License Transfer - Boy's Ltd, d/b/a One Stop Liquor to Spur Liquor, Inc., d/b/a One Stop Liquors. 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 -1- 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 January 21, 1998. 2. *Council Work Session of January 19, 1998. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bill to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1773-98 - Finding That Certain City -Owned Land, Consisting of 4,710 Square Feet Situated Within and Along the Easterly Boundary of Existing Tract 5-B, Horseshoe End at River Bend Subdivision, More Commonly Known as Cunningham Park, Is Not Required for a Public Purpose. 4. Approval - Reappointment of Jim Elson to Economic Development District Board of Directors. 5. Approval - Amendment to Library Regulation No. 6. EXECUTIVE SESSION - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director -2- Public Works Director Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- Suggested by: Administration City of Kenai ORDINANCE NO. 1772-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING A $116.01 DONATION FROM BARRY NORWOOD TO THE ANIMAL SHELTER. WHEREAS, Barry Norwood, age six, made a cash donation of $116.01 to the Animal Shelter; and WHEREAS, Barry requested that this money be used for the Animal Shelter; and WHEREAS, the money will be used to purchase animal handling equipment; and WHEREAS, the City Council very much appreciates Barry Norwood's unselfish and generous gift to a worthy cause. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Miscellaneous Donations $116.01 Increase Appropriations: Animal Control - Small Tools $116.01 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of February, 1998. ATTEST: Carol L. Freas, City Clerk Approved by Finance: (1/8/98) kl JOHN J. WILLIAMS. MAYOR Introduced: January 21, 1998 Adopted: February 4, 1998 Effective: February 4, 1998 STATE OF ALASKA DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: RECE'\/FD JEE- KENAI CITY CLRK C-� TONY KNOWLES, GO` 550 W. 7TH AVENUE. STE. 350 Anchorage, Alaska 99501-6698 Phone: 907-277-8638 Fax: 907-272-9412 January 17, 1998 We are in reciept of the following application(s) for renewal of liquor license(s) within the City of Kenai. You are being notified as required by AS O4.11.520. Additional information concerning filing a "protest" by a local governing body under AS O4.11.480 is included on page two. Package Store License One Stop Liquor w� moo, cc: Kenai Peninsula Borough .T:I"I 21 ' 99 01: 2SPN Cl'^r (7 I TIfiI 33 283. 3014 STATE -011 ALASKA DEPARTMENT OF REVENUE ALCOHOLIC HEVERAGB CON-MOL BOARD Carol Freas, Clark City of Kenai 210 Fidalgo Suite 200 Kenai Ak 99611-7794 Dear Ms. Freas: RECEIVED` ` JAN 2 ! 1998 KENAI 'CITY CLERK TO" KNO-LES, C0vmL Cqt TM AVSNCS S & 350 n,rMa�a. AUAM I)MI 46p$ Ph"C 907-277-tKU F,u: 907-272.9412 January 17, 199a We are in reciept of the following application(s) for renewal of liquor licenso(s) within the City of Kenai. You are being notified as requiredby AS o4,> 1.52o. Additional information - concerning filing a "pt Aee, by a local governing body under AS O4.11.480 is included on page two. Package Store Li_ cense One Stop Liquor • — W&AN R00� Revive _.......... 10: —gwnf Aeaeoalt DATE i 1 Af Post 01 RV-8 Fax Note R7679 ! g� Review FAO 19015h Clerk with To COrtlQie. bf Fax/ EOr Of h .F r Oepertn�ent Zt no aobjection to the issosnc f se L-- cc: Kenai Peninsula Borough - - - ---- -.- -- - PAGE 1 OF 2 yyasof#1oka BOefd LIQUOR LICENSE APPLICATION Ma,� c,ntra rate instructions) erw �' j in0 =1O "' "1O 1 e"d• fA0 W�e w Suits 350 (Please read saps�..* AnchaaD•• Naha ygEr01 - (gp7► 277-8838 ab- not b "cwd 12 mos. [] Seasons! •Dates of open Thr apt 0^ r aria ichock'n') O 7wo Ysaf b D o_ i �t be �„ylKsdt« aw ryp•' d Yea a Lleense Fee S l y E -nom A. LI EN E INFO «tea For t asm• vsa Fad" oN p t, O G i Filling Fee: $ _ Type.1 Appa gw- Typo � $ _ D1 D1 °12 outside "Mocpawy 2-0 O Pac.kr, �� ( W1Warecant!prty( Oa O ❑ NOW K_h I t-hour Penalty or active at rest 3o sqh $ " It rernewN, has that i calendar years? (AS O4.11.330(3)) appllcabie) ®• Renewal Cunard Lquor ll!cweMe each 01 tiN IrrO Dread a be Mnrd qwod tor Total ❑ LMW Of 2 3 1 - \ `iEs it application open -oh the ` Moonob Bew"ge submined s H.te•r �I Board.Con.,ainay Cotind Nertr and trtaahq Addn'aa° sesidoor area* Bu.rnee As (BIN.Ion Name) Inoue—) « t tranp Enter as Itsssoud apps.r on tine hearer N iT v oti . j i_�� • 5 or Location of -WA" P y t Ai �1 Vrn Bushes Phene N ` Zen3 - W MAILING ADDRESS for New and R•Ioc41N^ Is•e than so nias trorrn tln. botnnd•rlee of a 'an or SE -ION B. PREMISE TO BE LI EN ED. ra,w be I. .I*W of ��. reaw�gn «unmae monic"ift►? « w, edvrtisl^g ro d4ntiy prrxr.as4: namlclpdar t Nanls a bs wed o^ P a� Not MWW"e pyWWe „wanu.a card«: U.. than so Rows Cbsea Sd,00l orounds' ❑ Gresser man 6o mtl.. � A904.11.410 OR buildings) i- Glossal : ❑ tool p,*— No .ubr4ttd m Flo raar.nan (Required for new and PoP°aed ) ❑ Plan.Aeadned kad to, aM New and Reloresi•^ P,.,ssaa 4o t» licensed la: -. - .... Bu.dl ❑ of Promise. u �� - Mot be corrnpleted for Renewal applications. r this a nrn.wal of tlN annual C, RENEWAL INFORMAII N• !inertial interest charged tram the P utterORF- lyttyC 104646 sa a•M altwl+oic SECTION Has tine statem.m bawragee n rrpor4e t• Nr11°an ord.w? I remises where alcoholic beverages are statement submitted? Has user ed. P ssessed ardor scared bee^ NO sold served. consumed Po Cl YES j srom the last diagram submitted?� cnr,g.d C3 YES NO O YES NOHolderend gaia�Nn "Wicedan. only. I ER IN 11 MuM be oor Pww for Tr.rndr of a) and I d Cu�M Lb«Nesis) E T10N D. TPA N ,tNaurur,e.,Asa.11.mo. N•n»l•)aadtrtasrq i 1 .,,,, a.^UwhdoaarNnNM1I WkWw• {t arNM .x.e.. rd.r � 1 s - lid 10'hN tor vu P" Of �Trrl.l.r. Any a«rya�edwKttihNtrairtrr: AS O4.11.300(4)(B) In a rP InvoWPrcr appeoruon (t s MC 104.104 R.et «paraori.I ProPenr DOM Burner As: (Bu.In4r 11ani•) (Assam •xbs she4b it neoa.s=Y► BEFORE BEwRE TRAtISFiR 9b''•t A°dr44. or Location trrgt be oirplMed M .PWlam or co-ePPa�K IS a Corporetbn- i • Do" Bu•rnr• As Ieus1naes Name) pia• w Irnooiperr1e^ r Adore NE. 5�0 ,,uv +!211g5 com— O Y� 1 V ,•.,�� Sire, Address or Location of Business —� I r �1 [ rt �r1 p 1 l'v1r W Address157 -1 ->S 1 1 CpppNt.OMk. Phone No. 4 me" 1ACZ fox �y z�3 - �►)3 City "'y° State 1 1 'i Car. s�et0City. sr c°de In K o101 �Gl t t'M A • � � d Melling A� ► Ag.a'. AIw R..Iddnny U .+endrw ,MII, can. tttaa of Registered Agra lN•R1e �r e S 1 dt t�fi Year.: "2,) W-eN: named oorpordio^ a1M Eoornorrr OG' C r In 9oed v . t Phone No. 4 "Ay>< psprinnesI d Corr.rnroe °"'41°°m"d? H 2 - G x /5 p) 1 V� $• 1) % «sore. d rb YES Dos NO S o �tL�i ✓) " ormrahip OM Dos CopO11ATWN erotta ANDSTocto4ot.osRe (tNa addato^e+ �i"I'ti necessary) Home Address Data of Address �l 4 !call Name (Do not use trnYsl.) C 1 j !1 Yt -j Z. t Ll i�l - C S /1 J PC., V 0, 1 IJ l , uSt - THIS AREA OFFICE USE ONLY L100004 Number Da14 Approved Form 04•901 Page I (Rev Gigs) . Y CAT10N W nogio. sot be W"jdW }or each eFP - a- VC0REE APPI-1 .�Is,,,waw••.• ".o..+n• •� ALA$ CORppRATE OFFICER piFORMATION e„eTn.wn«. u•• eetwomY wee trerw bclude n" tieadwtL SEC?lON F. INDMDIJAV tv.n+ Ip• rta w InUehs) sppllcent or cysPplcwrt is • dorpwwbn. tM D-I- r is v < 0 64 stat., citl Cj a' -`' ,ni,y.dd�et Nome Adarees IN dler"m from 5 U Y- E Home Phwts z o I PPhon ee a : Z � "'� N klsaoo�P°rwt°"'�n lhewrP«w•orllceYp+ Length of Arw R•y troll monthe �r��iUer1T Yews 21 0 F Nstrte (Do not use ntelale) t • SS C �� C I C' city, Stove. nP code r Home ,lore.• (e dMw•"t from nrewtY C4Y, SW& Dp Gods Hors Ad&ww (r d"wenl ftom mrra sddreest v+orx Phone Home Phone M ePP�a;••oorDwwfwr' hold pees a No Lengar d AWka R"b Yews f,AorMlw (Do not use pity, State. Z'P God• �-- (t dMletere ttom rr�.�tr --- - Hom• Address Worx Phone ow. a efrm oak Phone Plane - plz "t Z Dots of &M Mon, Z-- s .J ✓ Letglh a AN" PAW 1 u/ l i NacavLonll°"•1°a'"MYthoompo'wao111o.YM v.." IA"the Length of A"" Witt 1 Mono PhO"• M epPolord M s WrPor�D"' b•ntl1Y thecaPaets oMa you hold Yeah I Months 1� % C Y, fnY y 1 ed for wr tYP°° a eo�°fl• oa+« ovate, eicoholk berere9• pMgnees Ikenwd w Als"VA or any MD ALCORPOR%ITE OFFICER Bof ACKGROUND. t»t w SECTION G. IN e�a•r n.nt•d moo» �e 1i,11e wn dr.tt 0." my I.&—Gl or �•Y� 09" or buwnwe and eddr w = raj NO ❑YES • been �voted of a felony. a viWetion of AS 04, or been convicted has any ,naiviauel orcor0of°te 0� Nstad H never ingftdor mana9sr a Mcsn••d pr•mrW ano' ttor state of the Ihquor taws of that etate4 i as a lid° ww. wn on e.PwM ewe a peer. O ,O r pa. Poeae . . NO 1 ed ..dt.Pt" � -- -o the w+b•'•'d'"d "`� W the accompanying scheoules and statemnte estnortother application including security u that I have examined this application is not in violation of any a, penalty of �� ry � ram'rect and complete, and this app declare i n' nowledge and belief d is true, co best of my �s.regulations and that in accordance with A i contracted obligations• a read and am familiar with Title 4 of the Alaska statutesa t in the licensed business. t that I have or licensee(s) has any direct or indirect financial interes�tion. 1 further certify er than the apPllcaM(sl In support of this and In further r c no Orson dtt Control Board on this appl�atlon has resided the Alcoholic Beverage1 certify that each applicant nab ation yeglstered a^d qualified 1 agree to provide all information required by a Store license• r the applicant Is a cOl n In the state of Alaska or package cation; nave resided tf application Is for a Beverage Y�y Dispensaryprlor to the date of this appH k atlon, or all of the shareholders Me state of Alaska for , West oneof Masks y one Year 0Prio1 r to the data of this apP1 do business In y spr r to the date of this sPPI Tl1RE S OF TRANSFEREE S for at least one Year prior SKiIHA L NSE S APPLICA - IRS S rw sworn ro berore no this 71 b �, 2� to — IHOT�yy PUW_,0 ty AHD Fow AtAN(A �M C'.'aenn evinio at"a."d and sworn to boo" no ro d" of I h1pTARY—PVaLhG IH A� is Forth p.got Peg• 2 (R•r "51 JAN-28-98 WED 14:48 KENAI PENN BORO CLERK FAX NO. 9072628615 Dr.0 21 =97 e3=53F" CITY OF ►<E7YFiI 5Z7 283 3014 December 19, 1997 J'� - CITY OF KENAI 11 Gd &Piw 4 -4&44a„ \_1 210 RDALGO AVG., r.UrrE 200 KENAI, ALASKA WWII 7794 TELEPHONE 90?-2834SU FAX 907-253-3014 inda Murphy, Clerk Kenai Peninsula Borough 144 North Hinkley Street Soldotna, AK 99669 RE- LTQVDR LjcZN&E TRANSFER - ONE S2'0P L1Qi10RS Linda, Encloacd is a copy of paperwork I received from TrausAlaska Title in regard to -the - Application for Transfer of Liquor License of One Stop Liquors from Boy's Ltd. to Spur Uquor, Inc. The information cnrne from TransAlaska first because they arc Wanting to get the approval of Assembly and Council as early as possible in order for the transfer application to go before the Alcoholic Beverage Control Board at their February meeting. I have yet to talk with Donna Johnson as to whether this is appropriate _ if there isn't some checking ABC does prior to the paperwork coming to me. Tra aAlaska told me they spoke with Johnson and she said it was all right. I just want to confum it, but thought I should get the information to you anyway, I VVW be out of my office next week, but will be at home. If you have =y questions, please call me at 283-4936. Thanks and happy holidaysI CITY OF KENAI Carol L. Freas City Clerk elf Enclosure. Fu NoW R7M j Toj�� F�� fir Ir g11Wallo11 WOW RAIL f N �� Ut -HNoF A/C, bigMe no oq� p� Oats: gr Sea of wow Alorlhoto Beverage Control Bond 660 W. 71h. Avenue, Suss 360 Anchonos. Alaska gr 01' (007) 277.1163E JC _ LICNStAPPLICATION 'PIs.L�j read scaa. � ,a lr.structlons) PAGE 1 OF 2 Send Pares 1 OW 2 to Bee ABC Lord. Keep M 11e► year was. This Sipecaatsn 1s for: (duetk ene) WTi o Y er ❑ Seasr.;Y - Dates Of ape. anon not to exceed 12 mina. SECTION A. s rust a oa.v w err es 0, appttc rwrr. Typ. of Appended: License Tyr Btraru RMeru,ee I For Licari" Year Federal ON Fee S PACKAC Baa0ltt - Filetnn,eF,,: i ❑ Now . - akthIn a.vnlcOR Ci.--1�y CITY OF KENAI ❑ Current Lk.--r &-.a_a . -mow It rsnswu. , _ the lieansa been axercla.d or active at least 31? eight -hour Per.sr Trn _ ALr of days outing t;.Zh of Isle Iwo Preced;N calerwar y ears? (AS Ga.11.330(3)) app!lcr:,r_ i S L.-._.._ _ Holder 9 0 - 2 3 1 9 ff noeppaaWin MI b. _.nlad anises Written r+gwr for $XYES TOW ❑ R lc , wester u _..arado, is '.?roved by the Almhoilo Beverage ; J0 Corrbu. ---ILL-. Submitted s Enter ep[_aennrs or Inrderes's nrlw end;-vL. •; Dclrp Boas._,. At (a- - -" Naas) Community Castel tinge »a ►i ng Adtrer address ate s'tauld opper on the 1CCW,: O (d E STOP L �� -.. U 0 R S (See Instructions) SPUR LIQUCR, INC. S estAddrs-sorloC_..,offlkldk a CITY OF KENAI P.C. BOX 1916 5r,55 KENAI SPUR HUY. 210 FIDALGO #200 SOLDOTNA, AK 99669 C^> KENAI, AK 99611 KENAI AK 99611 _ Laslnew R:sns Nunt w1s) ❑ MS M A NEW LWLitJG ADDRESS 9 0 7- 2 E 3- 9 3 3 2 SEC -ION B. PREMISES TO 22'—CEVSF 7. -9 b. au ter Nast end Retocabn abnS. Name to be uabd on public sign Or In ra:v.,:!,ing to ►lantty prep,—s: Is iscacon of prerrmes greeter than or etas than 60 nd: Mom the bolrrdatlaa of ■ mmlcpelay (rtrnrwratsd coy, borough or unified muntdpatty)? Closes: school t3rourde: I Distance rtaesurad ttttoer: L AS 04.11.411 OR ❑ Greets, Ihan s0 miles [I Lass than SD miles ❑ NApplix". Closest Church: ❑ rl+c.: Ordln : cat t+o.: Promisae to be totteed Is: ❑ Plans .:bmeied to Fire Marshall (Required for now and paposad bullIMP) ❑ ExRiuq Feat ❑ New i._tcr ❑ Preens,.! Build ❑ D r....r of Premises Ansolted R Mad Ir all New nd l.M XMID" SECTION C. RENEWAL ill:.=G. _:.;: ^ON. '—St De :ornplsied for Ranewal applications. Has kcensed promises what* alcoholic beverages are Has the statement of finamial inietost cnangaa from the PACKAGE STOR3. is c," a renewal of the annual required unbar 1lit�C 104-646 to sat alcoholic sold. served, consuMed. Possessed s.r._ Of stored bean IaA slStrequiredanl Submitted? notice beverages in response to ,.rzaa orders? clanged from av last diagram submi-J? ❑ YES ❑ NO ❑ YES ❑ NO 1 ❑ YES ❑ NO I TIO! !,sera be oDntplM.d forTwater of Licen» Hotter and RMcspp otion etatiota my. SEC ❑ Mat.ntaryTrrvlsr.AYcldoar.._.Rs»r...; avawwa U::a--f wWerAB 01.11.570. Naar(&)r.d Magog Addrer of Currant Llcerieaa(s) ❑ %.rAw Tr=riser. Any in trim ern-x&aAL, uMar AS o4.' t.f170 br puq;naae of spptyrq AS 01.111380(4)(0) In e -" In1ti.r_„tary uanlcr. must be Ned with this appka0m 11 S AAC 104.104 ROW a psno^..:.t 2rOPsny oonwysd wth trfis terser.+ter is: (Attach exbe ai.esle it necessary) BEFORE TRANSFER Dotr J Buseaw AS: (Rusin@" Nara) BEFORE TRANSFER. Street Address or location ,. j. r - Fist bat condstsd t "scant or eo-at os.;attl is a ODgw& ion. (AB o1.11-VO) Corporate Name PUR LIQUOR— INC Doing Business As (Busatess hams) ONE STnP L.IGUORS Date at urcotprsoon in NrM tykg Address O RC)y 1 41 fi SV" Address or Location of lister S155 KENAI--SPAR City and Brats KENAI AK 99611 Cty, Bute. Zip Code t:.,rpar.a. onm Phone No. 907-283-9332 k the sbuv:. �. ..;O3 oxtmstion in good Ar1J'1g Willi Ma S-, t- Alaaltq Doparur.ent of Curn.or, ate: Ex tom.: Devstopment7 {YES 0 No Registored Agent p kwia sr n: LSAvq Atr11644) REEAN D. PITTS Agate Aleska Heaben4J faaa: 4 3 mwout: ice rhorr 3 '- '- COAPORATIOM DMECTORS AMC B"3C\1::Y1.:]fa (tie W0110nal s,wau lit necaway) x Or Btwes of Fue N.me (Do not ues u,,.c) Homra Andrws Data at Brit Ownership EEAN D. PITTS 99669 P.O. BOX 1916 SOLDOTNA, AK DEAN EICH)TOLZ 99611 403 lid. WILLCTH1 KENAI AK 9/ll_s1 9 U$ THIS AREA OFF13E USE ZNL' t.J�etes Ihataerj DS S Appal j DracWa Signature -....UOL'S PRINTING OF ALASKA (907) 277-(W , AIA& A L—i{!C+!3 LICIENME PAGE 2 OF 2 'w TKM F.1"11111l1AUCOSuMM.L : E OFFICER Wr _'. AA71M Tna k--;� .. L-,p k*Wm „ fflim"M provided wr sere sppk ,nt or anpmnae Brost. 111111111 z" or eo a.,.yaaea In a mpwdbn, i.a o®ras hoer marsc trade Ina 1`3601d"R Vier?rastta.:, Seaaary rid Twout ar. UN edAuonr pqr r ttseststry. .e ltrrr fa eta tie a rrs► FA Nrne (Do not ttr Insists) REEAN DEE PITTS e.+" w.r... DEAN WESLEY EICHHOLZ P.O. BOX 1916 "am worr.aa 403 N. WILLOW, #1 ny. ear. DR code cky elm Zip chart — SOLDOTNA AK 99659 )KENAI AK 99611 liewie Add�e (T tleaexY halt IIYer.= -sai 1 k:.rnw At ,• 19 tinerent ncrn ww" addre,,) E. LAKE AVE.,=_TDGEWAY, AI: 137709 GRAYLIM CT. RIDGEWAY AK 99669 Hems Prn:... Work Phothe 1283-7893 i Date of C_., Hone Phone wort Phom 1/15/54 62-59'.9 19/1/51 262-3872 L283-5700 tarngth d Arslr (irskfatoy, ho�pac�ti is _:..yoa-__-.-, Berry the wrr ors-- booy0. r.+em a A.ka rw+to Itappewm is ,eon, �. owpa erMtylMcwoorrscome you Yeses "wooltohL Mean Mores hold. 43 PRESIDENTi _ Fitt IN (Do not uts krusls) F ti Mattes (Do not use kuh") MER4 Addashe Mal" Addren City, &me. ap Code city, Otte, ZIP Code tare Ad&— A d ks aotn @"W. a - I- --- y teoeh. _ _. fa oin.r.n I— nt"kV eIkk—) Owe of 1srVh Homo F:...0 \ twk Phone Dab of eMh Horne Phone wod[ Phone Lary; eh of Able Neddacy 1118ppc.._zmtpa's1w410r t.; trhe ooryrwra cmoayw Length of Alsska f.....bsna.•I tsppscarr Insoorporsuon. t.,.ndry Rracorporateommyou vary More" hold. Ysare Akxnna hold - Daft try Ytdv►1nue1 a aorpore I efllet nrnsd .Low new haL u try Brett or kttareO Merest In any other ak,holk oev*rag* busln"a C.:ansad h Airks or any other elate? NO ❑ YES f yes. LN9 ease. r erne d WSW,., sid adder. 9 rteear hmwV Ord or alit MM al the a A e�...�:m, has any km*Aa-- :.. corporate officer Mara abovo oven convicted of a felony. a h.,,:.-,hon of AS De, or been convicted . r a hours" cr mrueer at iorred pnat:ass :: sewteir state of the br,...,: i.wa of that state? NO ❑ YM a yr. per+ ..F__+ eepsesee art SECTION H. DECL.ARATIOIL "Ile .w rend and stand try east ayyaors I declare wader penalty of penury that f rave examined this application, i:.ciuding the accompanying schedules and statements, and to the best of my knowledge and belief it is tzue, correct and complete, and iris application is not in violation of any security interest or other convected obligations. further certify that I have raad sd to taminar with Ti:;e 4 of the Alaska statutes and its regulations, and that in accordance with AS 04.11.450. no person other than :no appiicant(s) or licensee(s) has anS- direct or indirect financial interest in the licensed business. agree to provide all information ram_: b,. the Alcohch-, rseverage Cc..:rol Board in suppon of this application. I appicto Is for a BevsrVa Clspart:ary or Package Saxe license, I ee; Uly that each applicant named on this application has resided In he snide of Alaska for at lawn at -is fr-: 'riot i_ the date of this appicat;oa; and/or the applicant is a corporation registered and quaAied to do LxMness in the stated Alaska ter ea_- year,-.4w to the date of this appfi.,atlon, or a1 of the shareholders have resided In the state of Alaska !or at lit and year prior to ins dam of fts application. _fie. OF CUiiWNT M;zi AP'PLlC SIGNATURE 8 OF TRANSFER E S BOY'S LTD. / 1 S LIQUOR, TMC. BY : RE TTT fS ;ENT BY: RCGER BO PRES , . _Sea BY: DEAN ETCHHOLZ,LIKICE. PRES./SECY. .obed and In b*tera hre tit / V al6sabed c.-.wort. w belwe his this )sao.n deyat 'L..r _,to27 -1 1401 qY PUe1JG IN 1M0 IF4WALA8rA � HIMAAY JG IN AND FOR AVASKA eyeetrrr_w.r�r� S -ZOU sycorrriikicrorimptse 04-Wi Pas* 2 f►r« sA STATE OF ALASKA ^^OFFIC'1:i �h=ei Gl -D- 3 KENAI ADVISORY HARBOR COMMISSION MEETING JANUARY 12, 1998 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN WILL JAMUG AGENDA ITEM 1: CALL TO ORDER & ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - December 8, 1997 Meeting ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5 • REPORTS a. Director b. Dock Foreman ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS a. Election of Chair and Vice Chair b. Dock Fuel Operations ITEM 8: COMMISSIONERS' COMMENTS/OUESTIONS ITEM 9: INFORMATION a. Kenai City Council Action Agendas of 12/3/97, 12/ 17/97 and 1/7/98. b. Kenai River Water Monitoring Plan Work Group Information C. 12/ 18/97 Thank you letter to Commissioner McCubbins. ITEM 10: ADJOURNMENT KENAI HARBOR COMMISSION January 12, 1998 - 7:00 p.m. City Hall Council Chambers Chairman: Will Jahrig *** MINUTES *** 1. ROLL CALL: Chairman Jahrig called the meeting to order at 7:00 p.m. Members Present: Barry Eldridge, Will Jahrig, George Spracher, Tom Thompson Members Absent: Michael McCune Others Present: Councilman James Bookey, Keith Kornelis, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA THOMPSON MOVED TO APPROVE THE JANUARY 12, 1998 AGENDA. SPRACHER SECONDED THE MOTION. THE AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES As there was no quorum and no business conducted at the December 8, 1997 meeting, no minutes were approved. The November 10, 1997 meeting minutes have not been approved as they were not available for review. 4. PERSONS SCHEDULED TO BE HEARD - None S. REPORTS a. Director Kornelis had nothing to report but brought the Commission's attention to items 9a, b and c enclosed in the packet. b. Dock Foreman - No report 6. OLD BUSINESS a. Election of Chair and Vice Chair Harbor Commission Meeting January 12, 1998 Page 1 ELDRIDGE MOVED TO RE-ELECT THE CURRENT CHAIR AND VICE CHAIR FOR ANOTHER TERM. SPRACHER SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. JAHRIG WILL REMAIN AS CHAIR AND THOMPSON WILL REMAIN AS VICE CHAIR a. Dock Fuel Operations Kornelis reported that Dale, the current lessee at the City Dock, was asked to attend the meeting to discuss concerns with the fuel operations at the dock. Mr. Dale was not present. Jahrig expressed his desire to have the City continue handling the fuel operations at the dock as there may be problems with not selling enough fuel should an on -call operator take it over. A group discussion took place on the benefits of the City handling the fuel services and the current cost of fuel. Eldridge asked if reducing the rate would increase the volume. Kornelis replied that it would possibly increase the volume but he was unsure whether or not that volume would cover the City's expenses. Bookey stated the only complaint he has ever heard regarding the cost of fuel at the dock was from the group of fisherman at the August meeting. Spracher reported that he was a fisherman and utilized the services at the dock. He is pleased with the fine facility and said there were many other fishers that felt the same way. Discussion took place on the fuel prices for both gasoline and diesel. Kornelis confirmed that the City was charged a 5% marine and federal tax by the supplier. 7. NEW BUSINESS - None 8. COMMISSION COMMENTS & QUESTIONS Eldridge stated that City Manager Ross mentioned a bank erosion project at the Rotary meeting and asked if this was the same project this Commission had worked on. Bookey confirmed that it was and that a grant application was submitted to the Alaska Science Technology Foundation. The City is waiting to hear back from them with regards to the amount they would fund. Kornelis reported the project initially started out at $500,000 but he has gotten it down to $150,000. The design remains the same, however, other options were looked at but were proven not to be as cost effective as the original plan. 9. INFORMATION a. Kenai City Council Action Agendas of 12/3/97 and 1/7/98. Harbor Commission January 12, 1998 Page 2 b. Kenai River Water Monitoring Plan Work Group Information. Kornelis reported that he was assigned to this group by the City Manager. The group is working together to determine methods of getting water samples from the river. The next meeting will be held on January 26 at the Kenai Peninsula Borough offices. Thompson asked about funding for this project. Kornelis reported that Fish and Wildlife received a $5,000 grant that will go towards the program. C. 12/ 18/97 Thank you letter to Commissioner McCubbins. It was noted that Ray McCubbins had resigned which leaves two (2) vacant seats on the Harbor Commission. Bookey requested that Commissioners make an effort to get these vacancies filled. He will deliver an application to John Steinbeck who has expressed an interest in serving on the Commission. Bookey also noted that anyone completing an application must reside within the City of Kenai and they will be confirmed by City Council. 10. ADJOURNMENT THOMPSON MOVED TO ADJOURN. SPRACHER SECONDED. MEETING ADJOURNED AT 7:35 P.M. The next meeting is scheduled for February 9, 1998. Respectfully submitted, Barbara Roper, Contract Secretary Harbor Commission January 12, 1998 Page 3 7. S. vp a. ELDRIDGE MOVED TO RE-ELECT THE CURRENT CHAIR AND VICE CHAIR FOR ANOTHER TERM. SPRACHER SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY. JAHRIG WELL REMAIN AS CHAIR AND THOMPSON WILL REMAIN AS VICE CHAIR Dock Fuel Operations Kornelis reported that Dale, the current lessee at the City Dock, was asked to attend the meeting to discuss concerns with the fuel operations at the dock. Mr. Dale was not present. Jahrig expressed his desire to have the City continue handling the fuel operations at the dock as there may be problems with not selling enough fuel should an on -call operator take it over. A group discussion took place on the benefits of the City handling the fuel services and the current cost of fuel. Eldridge asked if reducing the rate would increase the volume. Kornelis replied that it would possibly increase the volume but he was unsure whether or not that volume would cover the City's expenses. Bookey stated the only complaint he has ever heard regarding the cost of fuel at the dock was from the group of fisherman at the August meeting. Spracher reported that he was a fisherman and utilized the services at the dock. He is pleased with the fine facility and said there were many other fishers that felt the same way. Discussion took place on the fuel prices for both gasoline and diesel. Kornelis confirmed that the City was charged a 5% marine and federal tax by the supplier. NEW BUSINESS - None COMMISSION COMMENTS & QUESTIONS Eldridge stated that City Manager Ross mentioned a bank erosion project at the Rotary meeting and asked if this was the same project this Commission had worked on. Bookey confirmed that it was and that a grant application was submitted to the Alaska Science Technology Foundation. The City is waiting to hear back from them with regards to the amount they would fund. Kornelis reported the project initially started out at $500,000 but he has gotten it down to $150,000. The design remains the same, however, other options were looked at but were proven not to be as cost effective as the original plan. INFORMATION a. Kenai City Council Action Agendas of 12/3/97 and 1/7/98. Harbor Commission January 12, 1998 Page 2 b. Kenai River Water Monitoring Plan Work Group Information. Kornelis reported that he was assigned to this group by the City Manager. The group is working together to determine methods of getting water samples from the river. The next meeting will be held on January 26 at the Kenai Peninsula Borough offices. Thompson asked about funding for this project. Kornelis reported that Fish and Wildlife received a $5,000 grant that will go towards the program. C. 12/ 18/97 Thank you letter to Commissioner McCubbins. It was noted that Ray McCubbins had resigned which leaves two (2) vacant seats on the Harbor Commission. Bookey requested that Commissioners make an effort to get these vacancies filled. He will deliver an application to John Steinbeck who has expressed an interest in serving on the Commission. Bookey also noted that anyone completing an application must reside within the City of Kenai and they will be confirmed by City Council. 10. ADJOURNMENT THOMPSON MOVED TO ADJOURN. SPRACHER SECONDED. MEETING ADJOURNED AT 7:35 P.M. The next meeting is scheduled for February 9, 1998. Respectfully submitted, Barbara Roper, Contract Secretary Harbor Commission January 12, 1998 Page 3 CITY OF KENAI U--6- W eanikd 4 4Zaj 0 AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: F.Qbruary 3, 1998 NAME: Alicia J Brewer Resident of the City of Kenai? yes How long? 17 years Residence Address 605 Maple Drive Mailing Address Same Business Address Telephone No. 283-3259 Telephone No. EMPLOYER: Peninsula Ear, Nose and Throat Clinic / 'Student-KCHS Senior Job Title Medical Receptionist NAME OF SPOUSE: Current membership in organizations: Senior Class President, United-Methodist--Youth-Group Mgmberri Kenai--P&AiA§xla Youth Court Board of Directors Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: Parks and Recreation Commission WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? I enioy living in this community and I would like to become more actively involved in organizations that support positive community activities. Signature CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS January 14,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. ELECTIONS 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: December 10,1997 5. PERSONS PRESENT SCHEDULED TO BE HEARD: 6. CONSIDERATION OF PLATS: a. PZ98-02—Buffalo Run Subdivision - Phase 1 b. PZ98-03—Tanglewood Subdivision —A subdivision of Tract One -A Parson's Homestead No. 3 c. PZ98-04—Leo T. Oberts Subdivision - Ross Replat 7. PUBLIC HEARINGS: a. PZ98-0 I —Conditional Use Permit for Business/Consumer Services and Retail/Wholesale Business for the property described as Lots 6 & 7, Papa Joe's Subdivision, 9520 and/or 9488 Kenai Spur Highway, Kenai, Alaska. Application submitted by Hugh Chumley and Joe Chumley, P.O. Box 753, Sterling, Alaska 99672. 8. NEW BUSINESS: a. Kenai River Water Monitoring Plan Work Group b. Assignment of and Amendment to Lease —Ronald Yamamoto, Lot 3, Block 1, Gusty Subdivision c. 1998 Planning and Zoning Commission Goals and Objectives 9. OLD BUSINESS: 10. CODE ENFORCEMENT ITEMS: 11. REPORTS: a. City Council b. Borough Planning c. Administration 12. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda 13. INFORMATION ITEMS: a. 1998 Planning & Zoning Commission Meeting Schedule b. KPB Planning Commission Action of December 15, 1997 c. Letter from Kenai River Center dated December 15, 1997 d. Letter from Kenai River Center dated December 16, 1997 e. Planning Commission Roster f. Historic District Board Minutes of December 15, 1997 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: January 14, 1998 Page 2 CITY OF KENAI PLANNING AND ZONING COMMISSION January 14, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at approximately 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Others Present: City Engineer Jack LaShot, City Attorney Carey Graves, Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Councilman Duane Bannock, Contract Secretary Barb Roper 2. ELECTIONS Glick called for nominations for Chair. BRYSON NOMINATED CARL GLICK AS CHAIR. NOMINATION SECONDED BY MAHURIN. BRYSON MOVED TO CLOSE NOMINATIONS. SECONDED BY GOECKE. MAHURIN MOVED BY AFFIRMATION THAT CARL GLICK BE REAPPOINTED TO CHAIR. SECONDED BY BRYSON. With no objections noted, Glick was reappointed as Chair of the Planning and Zoning Commission. Glick called for nominations for Vice Chair. GOECKE NOMINATED PHIL BRYSON AS VICE CHAIR. NOMINATION SECONDED BY WERNER-QUADE. WERNER-QUADE MOVED TO CLOSE NOMINATIONS. SECONDED BY CHRISTIAN. MAHURIN MOVED TO REAPPOINT BRYSON AS VICE CHAIR. SECONDED BY GOECKE. Planning & Zoning Commission January 14, 1998 Page 1 With no objections noted, Bryson was reappointed as Vice Chair for the Planning and Zoning Commission. 3. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA WITH THE ADDITION OF THE HANDOUT PRESENTED BEFORE THE MEETING. GOECKE ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY CHRISTIAN. AGENDA WAS APPROVED AS PRESENTED WITH THE ADDITION INCLUDED. 4. APPROVAL OF MINUTES: - December 10, 1997 CHRISTIAN MOVED TO APPROVE THE MINUTES OF DECEMBER 10, 1997. GOECKE SECONDED THE MOTION AND ASKED FOR UNANIMOUS CONSENT. Werner-Quade requested that the second sentence in the last paragraph on page six be changed to read "When the first Commissioner Werner-Quarde was asked... Werner-Quade also asked that "to use Kristine Schmidt's term" be inserted before "politically correct" in the third sentence of the last paragraph, page six. The minutes were approved with the above additions noted. 5. PERSONS PRESENT SCHEDULED TO BE HEARD: None 6. CONSIDERATION OF PLATS: a. PZ98-02 - Buffalo Run Subdivision - Phase 1 GOECKE MOVED TO APPROVE PZ98-02. MOTION WAS SECONDED BY NORD. Bryson noted for the record the firm for which he works and is part owner of did the water, sewer, storm drains, and street design on the original subdivision and as a result requested a determination by the Commission concerning a conflict. Bryson confirmed that he was not presently doing any work for the project. After a brief discussion it was determined a conflict did not exist. Kebschull stated that staff had nothing additional but noted the surveyor was present should there be any questions. Christian asked if this was a part of the original plat or is it a new segment. Planning & Zoning Commission January 14, 1998 Page 2 Cliff Baker, Integrity Surveys - Tract 1 had an additional 8 lots across the north of the public easement and then 4 or 5 lots south. It is still the plan to do those. Per the engineer's statement in the front, he is needing to use this as collateral so that he can do the rest of the development. This will be done later and is all part of phasing. Christian asked if what was really being done was eliminating the two lot lines. Baker confirmed that it was but it would be temporary. Baker continued, the reason this parcel was selected was due to a lot of controversy and problems with the easement across the north side of the particular piece. Once the City has gone through and completed the final approval of the easement vacation there is only one year to get it recorded. Christian asked if Tract 1 is a similar situation. Baker replied, Lot 1 was always intended to be one lot. Goecke called for question. No other comments were made. VOTE BRYSON YES GOECKE YES MAHURIN YES GLICK YES Motion passed unanimously. WERNER-QUADE YES NORD YES CHRISTUN YES b. PZ98-03 - Tanglewood Subdivision —A subdivision of Tract One -A Parson's Homestead No.3 WERNER-QUADE MOVED TO APPROVE PZ98-03. MOTION SECONDED BY NORD. Staff had nothing additional but noted the City Engineer and the surveyor were available to answer any questions. Bryson noted that his firm has not been asked for a proposal, however, a representative did come in and talk to an employee concerning the project. The question concerned whether soil tests were required. Bryson indicated the firm may be asked to submit a proposal in the future. This may happen because they have worked with the contractor with other projects. Bryson confirmed that they were not currently doing any work for the contractor. Goecke stated that he felt Bryson would vote the way he feels is correct regardless of whether he was or was not doing any work for the contractor. Goecke had no problem with Planning & Zoning Commission January 14, 1998 Page 3 Bryson voting on this item. Mahurin stated since there was an audience and this is the second time Bryson brought up this subject, it probably needed to be noted that whenever there was a conflict Bryson has never hesitated to state it and, if necessary, abstain. It is appreciated that Bryson would bring it before the Commission and she felt very confident to his integrity and is comfortable with him voting. With no objection from Commissioners, Chair ruled there was no conflict at this time because Bryson's firm was not doing any work for them. Goecke commented on naming the streets in the subdivision but felt it could be handled at a later date. Mahurin asked if the main motion was just to approve or were the City Engineer's recommendations included. It was confirmed that the main motion was just to approve. MAHURIN MOVED TO AMEND THE MAIN MOTION TO INCLUDE THE CITY ENGINEER'S RECOMMENDATIONS WHICH STATE APPROVAL IS CONTINGENT UPON THE RE -ZONE TO INCLUDE PAVED STREETS; WATER AND SEWER TO ALL LOTS; ADEQUATE STORM WATER DRAINAGE; SEEDED BACK SLOPES; AND STREET INTERSECTION LIGHTING. MOTION SECONDED BY GLICK. During discussion on the amendment, Christian asked the City Engineer if curbs and gutters were not allowed because the water is supposed to drain into the ground. LaShot replied, the developer's plan is to not have curbs and gutters but to have ditches, although it was not clear whether DEC would allow a dry -well type infiltration. Christian asked when paving the street if it would be the same basic level as the lot? LaShot answered, until the final design is presented it is unknown if the streets would be paved, strip paved with ditches, or if they would have to be raised. Christian indicated that he was trying to picture what would happen if there was a wet fall and wondered where the excess water would go if it was not designed to drain. LaShot replied, in that case proper ditch storage would be required. Christian asked if DEC would determine the depth. LaShot answered it would be determined by the engineer who does the design. DEC regulates whether dry well or infiltration systems could be used. Christian asked if these would be added to the recommendations once DEC comes up with a determination. LaShot stated that he left it simply requiring an adequate storm drain system. Planning & Zoning Commission January 14, 1998 Page 4 Christian asked where the water in Inlet Woods drained to. LaShot confirmed it was a dry well. Christian expressed his desire to make some positive comments toward the plat. The first being this Commission has had plats submitted by this developer before and questions were raised about them. In this particular plat he has brought some of those concerns to include multiple access to the subdivision. Christian noted there are three streets that access the subdivision from Redoubt and one that accesses from Inlet Woods, this is a real plus for the subdivision. Christian also stated that he liked the size of the lots, they are very large, 15,000 to 20,000 sq. ft. Christian understood this was too large a size for a developer to consider last year and yet there are 161 in this subdivision. Christian also noted there is water and sewer to all lots and he liked the paving. Christian asked if the developer would make these large size lots single, two, three, or four family dwellings? It was noted the developer was not in the audience and Glick asked Administration if they knew what his intentions were. Kebschull replied that staff did not know what his intentions were but this zone would allow for up to a six family dwelling. Christian expressed many concerns with the developer's plan to include whether or not he would develop from Redoubt in or do spot development and whether or not he will strip trees and bury the excess wood on the properties, which he had done in the past. Christian stated there were a lot of unknowns with regard to what the future holds for this subdivision. Cliff Baker, Integrity Surveys indicated that he may be able to answer some of Christian's questions. Baker stated that he has already been out to survey the subdivision to centerline the roads. This piece of property and Inlet Woods has a very large beetle kill problem. Baker reported that a wind storm blew down 4 or 5 trees in that area so there are a lot of hazardous trees the developer will probably want to take out due to the liability. Baker also stated the developer had completed a subdivision in Soldotna called Redoubt Haven which is pretty much developed with half acre lots. He left 60 to 70 percent of the trees and would prefer to do that as it sells the lots much faster. Baker continued, he couldn't answer as to how many per lot, he knows what it is zoned for and evidently this Commission and the City has determined that it is not an adverse impact with that size of lot. The developer is considering phase development and is planning on two or three years to do the entire project. Christian asked if he was planning on starting with Lots 1, 2, 3, 4? Baker replied, the developer will try to plan around what is available for water and sewer and the existing facilities. There are some Planning & Zoning Commission January 14, 1998 Page 5 facilities available off of Redoubt Avenue and coming in off of Inlet Woods so these are probably the areas the developer would try to develop first to make the connecting loop. Baker continued, there is also the possibility that the developer would have to put in a lift station and that would probably be in a later development due to the big expense. Werner-Quade asked that staff state for the record who "he" the developer is. Kebschull replied, Clint Hall. Mahurin stated that she was going to save her comments until the main motion but since Christian brought some things up on the amended motion she would as well. Mahurin expressed her concern about the amount of trees that would be cut down and whether or not they would be buried on the property. Mahurin also expressed concern with the street names and understands how confusing those names are. Mahurin stated, however, that with checking with the City Attorney, this Commission has no authority to make a request on trees or burying them. Mahurin continued, this brings out an interesting point that the Commission should think about because discussion is taking place on property between Redoubt and Inlet Woods Subdivision. The Commission has no control over what the landscaping and that is a great concern. Mahurin further stated, had this Commission had any power to make some of those requests she would have included them in the amendment but, like Christian, she has manv concerns which she wanted in the minutes so that the developer continues to hear them. VOTE - (Amended Motion) WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES GLICK YES Amended motion passed unanimously. Discussion on the main motion. Christian commented that it was just one month ago when the subject of changing this zone from RR to RS was brought up. At that time the Commission was told that the developer was not going to do any work on platting until the zone was changed. Christian wanted to commend the developer's work over the Christmas vacation and holiday season to come up with this very large plat in such a short amount of time. Christian continued, it would have been nice to be able to see the preliminary plat at that time but apparently it was not complete. Christian pointed out he had a problem with the fact that the plat came Planning & Zoning Commission January 14, 1998 Page 6 so quickly. He wasn't sure how many people are aware of the development plan except for those within 300 feet and the fact that the Commission got the plat and only have a couple of days to review it. Christian stated he would like to see this postponed for two weeks until the next meeting to allow for public input as there aren't too many people aware of what might be going on due to vacations, etc. Bryson stated that assuming the re -zoning has already occurred the developer's responsibility is to develop to the zoning standards and platting requirements. Bryson felt the developer is doing that and if there are any other aspects of the City code that they haven't addressed they should be discussed now but otherwise it should be approved without delay. Mahurin stated that after looking into it, only the immediate property owners are required to be notified, not the entire city of Kenai or people who live further down in Woodland or Inlet Woods. Mahurin continued, there again that's something that is not in the current zoning code and there is a couple of areas this subdivision has brought up that the Commission hasn't really addressed or thought about. Glick stated that the Commission has no legal reason not to approve this plat. VOTE (Main Motion) GOECKE YES MAHURIN YES BRYSON YES GLICK YES NORD YES CHRISTIAN YES WERNER-QUADE YES C. PZ98-04 - Leo T. Oberts Subdivision - Ross Replat GOECKE MOVED TO APPROVE PZ98-04. MOTION SECONDED BY WERNER-QUADE. Staff had nothing additional except that this removes the lot line and the surveyor was present to answer any questions. VOTE NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES GOECKE YES GLICK YES Planning & Zoning Commission January 14, 1998 Page 7 7. PUBLIC HEARINGS: a. PZ98-01 — Conditional Use Permit for Business/Consumer Services and Retail/Wholesale Business for the property described as Lots 6 & 7, Papa Joe's Subdivision, 9520 and/or 9488 Kenai Spur Highway, Kenai, Alaska. Application submitted by Hugh Chumley and Joe Chumley, P.O. Box 753, Sterling, Alaska 99672. GOECKE MOVED TO APPROVE PZ98-01. MOTION SECONDED BY NORD. Glick opened the meeting for public hearing and requested that testimony be limited to three minutes. Goecke was appointed time keeper. Exceptions would be if there was something in writing that would be read. Verbatim begins Glen McCollum, Sr. 399 McCollum Drive - Chairman and members of the Planning and Zoning Commission, Ladies and Gentlemen my name is Glen McCollum Sr., I live at 399 McCollum Drive and I've lived there for 39 years. I worked in the oil industry most of my life and have a company Northern Oil Operations, it was incorporated in 62. The reason I'm here is to ask you to not let the developer, Mr. Chumley, change this neighborhood from rural residential to commercial. We have two duplexes and a single family dwelling on Cinderella Avenue, just across the street from this proposed development. They would be seriously disrupted if those families living there had to face a commercial business right from their front door. The proposed site plan the developer presented is just a well engineered sketch or picture, the suggestion that the wood frame buildings included there could house a dental office or a beauty parlor is just a mere possibility, engineered to quell our objections. Therefore, I strongly suggest you do not grant this permit, now or ever. We just met in 96 over this same issue. We had to point out how detrimental it would be. This is not, or ever will be, prime commercial property. It's proximity to the public schools and large auditorium, athletic track, football field, hockey rink, make it a prime area for family homes or rental units. That area would not safely support a traffic of conditional use, whatever that might be. Thank you. Glick: Thank you, anyone else wishing to speak to this item. Vesta Leigh, 610 Magic, Box 905, Kenai, Alaska - I'm out of the 300' zone but was here two years ago to object to this and I am again tonight because we got together as a small community there years ago and asked to have that zone. We came before the Commission, we did our Planning 8s Zoning Commission January 14, 1998 Page 8 paperwork, we had an attorney to -have it zoned for just people and families, and now we have to go back every time and say, (Sigh) "Why this again?" Now, the owner bought that and cut the trees down first of all and I remember when they cut the trees for where Carr's and K-Mart is now and left it sit for a couple of years, baby -butt naked, the wind blew that dust all over and I could hear stuff coming out of the fire department that I never heard before, as far down as I am there because of the trees being gone. So, now you have a piece on the highway that the trees are all gone but I don't think it's right to change it now and this... this thing of... um... permit for business/Consumer services and retail/wholesale... why not just say... Hey, I don't want any zoning there at all because that's what this amounts to. I mean, just leave it open to whatever anybody wants to do with to it. Then those people living there are going to be like in a fish bowl and then it's going to be done across, right across the street from me. When the fire hall started going in, it's right... I mean... it's out of my area, I'm about half way between this proposal and where the new fire... um... school is... 24 hours a day, month on month, went on, the noise... the... sounded like boulders grinding in a rock tumbler, night after... and that's down the other direction with a bunch of trees blocking that off so I don't want to see any commercial go in here, or any retail, or any wholesale because it's going to break us up and first thing you know there will be a dog kennel over there and then there would be something over here and guys working on motors, revving them all night long. Also, one last thing, that school, if you put any retail there that a kid wants to go get a bag of popcorn or anything that is bad because you can't tell me that any feisty, female, freshman or football player is going to wait and go down tc Tinker and stop and use the light to come down, he's going to try and cross four lanes of traffic. Thank you very much. Glick: Thank you. Anyone else wishing to speak to this item? Karen Rubsman, 307 Cinderella - I'm here to speak regarding this... um... I'm opposed to any commercial building in this residential area. Um... the name of the street... I really don't... really know the history of how those streets got the name, but I will tell you that... um... something happens when you turn on Cinderella that once the pavement stops, it only goes for about a half a block and you hit that dirt road, it becomes, it's very serene, it's very quiet, and it's uh..., it's ah... really, I just find it so pleasant to be able to live so close to town but still be able to enjoy some of the aspects of Alaska. Um... I don't like to drive a long distance to work and yet I could come home and I can leave the city, which is only five minutes away, behind. Um... I think having a commercial business right there, that close... um... would disrupt... um... this peacefulness. And that's on a personal level and as far as the community goes, I just oppose a commercial facility that close to the high school... Planning 8s Zoning Commission January 14, 1998 Page 9 ah... Kenai Middle School... um... and the high school... ah... adjoin each other and I feel that's very detrimental to that kind of school community. I think schools belong in residential areas... Um... we need to keep that kind of theme. I don't know what the... ah... um... the plan... I don't... I don't know what your goals are... um... as a committee but I feel like we need to keep our city not looking like California. I don't want businesses... I think the car dealership on that side of the road is the last business and then we have that sign that says "Welcome to Kenai" and that's when I feel like I'm starting into the city. I get that sense of... I'm in the Town... and um... we would need to move that sign and I just feel like well just have businesses across there and we've built that beautiful... um... bike path that I feel would be disrupted. Um... I'm just opposed to it. I think we need to preserve our residential areas. Thanks. Glick: Thank you, anyone else wishing to speak. Debbie Adams, 606 Laurel Drive, Kenai - I am the PTSA President at Kenai Central High School and... Um... as a PTSA our sole goal is to... whatever is going to work to the betterment of our, of our kids at the school. That's the only the... our only agenda and we really oppose any kind of commercial business across the street for several reasons. One is, if it is a successful business you would have to increase the traffic on Spur. You have inexperienced drivers, you have just mom's and dad's, if you're coming out from the high school onto Spur, it's difficult at the best of times with an experienced driver. If you put a business across the street then you're complicating on already very complicated... ah... situation there and... and then if it's a business that, at all our students want to go to, then you have a real mess. Ah, we do have a closed campus. We don't want anything that's going to encourage our kids to cross the street. Like it was brought up before, they're not going to go down to a light to cross a street, it's not gonna happen. The other thing is, we don't want any excuse for people to be loitering in the area that we don't want in contact with our kids. The parents send the students to an environment they expect to be protected. Um... I don't want my child to be able to cross the street and go to someplace to become in contact with someone who is trying to sell them drugs or anything else, we just don't need to be there. This is supposed to be residential. I'd like to see it stay that way. Glick: Thank you. Anyone else wishing to speak to the item. Margie Campbell, 402 Birch, Kenai, Alaska - I'm before you as the President of the PTA at the Kenai Middle School and Deb's already stated the feelings of myself and our Board. We've met and discussed it and we are... um... opposed to any change in zoning there for the same reasons that she's saying. We... we really don't want an increase in, ah... traffic. Planning 8. Zoning Commission January 14, 1998 Page 10 We don't see... ah... we are certainly are opposed to anything that would be drawing students away from the campuses there. Ah... L. I would like to point out to you that parents are really crummy lobbyists, you know, we haven't... it was today when I finally got the last signature from our Board on a letter that I had prepared for you, so I didn't get it to you early. Parents are busy doing a lot of other things to take care of our families and so you know we aren't here in numbers, there are just a few of us but, ah.... I think we stand fairly united in believing that this is not the right thing for that school area. (Campbell handed the letter to Chairman Glick who in turned provided it to other Commissioner's to review - the letter was given to Kebschull). Glick: Thank you. Anyone else wishing to speak? Sherry James, 303 Cinderella, Kenai, Alaska - I have a letter to from a friend, I don't know if you want me to give it to you or me to read it, I'm not sure. Glick: Do you want to read it? It's okay. James: She had to go out of town. Okay, (James reads the letter) "Members of the Kenai City Council, my name is Tracy Lee, I live on Cinderella Lane in Kenai. I'm writing to you in regard to the application for a Conditional Use Permit for Business/Consumer Service and Retail/Wholesale Business filed by Hugh and Joe Chumley of Sterling. My concerns are mostly for my child and the students of Kenai Middle School and the Kenai High School. I am also concerned for the city and it's residents. My family moved (pause) my family moved here when I was younger and I can tell you from a student's point of view a business of those sorts is only asking for truancy and trouble from the students of these schools. James: And then her concerns are the same, I mean, we're all.... here basically saying, I guess, the same thing. I'm.... I'm the one right there, I'm 303 Cinderella, I'm right after you turn on the Spur. I'm 150 feet from where he wants to put a business. I have a ten year old daughter, we have a nice little yard, I don't want any business across the street from me whether it be a beauty shop or ah... a dentist office this year, last year it was a beauty shop. Um.... we have one to two people a day, that I see, I have a job, my husband has a job, we have one to two people, at least that turn in our driveway right there and it's more traffic, it's more everything, it's more noise. I already got my buffer cut down because they clear cutted it right there. Nobody could see our little place hardly from the Spur until now it's open view. You know, and again, I have a ten year old daughter who I like to let go outside and play Planning & Zoning Commission January 14, 1998 Page 11 in the yard and you don't know... you know, who is going to come to what business, and so my family and I are very much opposed to it, and, I would have one question I guess at the end when Mr. Chumley comes up to speak and is it.... is it going to be every year, are we going to have to come do this every year to.... to take time out and come fight for what's already been zoned. The way it is people fight a long time ago for it and we would just like to keep it that way. Thank you. Glick: Thank you. Anyone else wishing to speak to the item: Jo -an Buzzell, 1103 Aliak, Kenai, Alaska - Twelve or thirteen years ago, when this all came up when we wanted water and sewer in our neighborhood, I was, along with ah..... Ingrid Manzek, who was my neighbor at the time, ah... went over this neighborhood several times because we had to keep going over and people would sell property and new people would move it and in order to get the correct number of... of... names on the petition, that ... it meant several trips around the neighborhood, lot of .... er... telephone calls and writing letters to people who own property in this area, I would state, um .... everybody at that time was very anxious to have this, and they still are, to have this zoned rural residential, and ah.... I'm sure people that are far away even now would be unhappy if they knew that this was going on. Almost everybody had to be notified. It would be nice if they could so that they would have a chance but I would hate to think of all that work going to waste um..... and have this go back to the ah.... commercial use. Thank you. Glick: Thank you. Anyone else? Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska - I just want to go on record as to agreeing with the things that have been said so far. A lot of it doesn't necessarily need to be repeated. One thing that I don't understand is how something can be considered for re -zoning, or conditional re -zoning when it's supposed to fit in with the area. All the way around is housing, the other side is schools. That's the whole area is residential in... in nature and I think it needs to stay that way. I cannot see how putting a business in there is going to, in anyway, enhance the neighborhood. Ah... I've lived there for nearly 20 years now, my husband's lived there longer and we have a daughter going to Kenai Central High School and I think it would be a big problem having a business in that neighborhood with the high school and the roads the way they are. I think it would drastically change the neighborhood and the rules that you have go by state that it can't drastically change the neighborhood. But it's ..... and I don't have the wording, I just got home from work before we had to come in here but I know if you look up your rules that you need to go by, whatever goes into conditional zoning has Planning & Zoning Commission January 14, 1998 Page 12 to fit in with the neighborhood, enhance the neighborhood and I don't see that putting a commercial business here would enhance the neighborhood. It would drastically change the atmosphere. I just want to go on record as agreeing with.... with what people have been saying and encourage you to follow those guidelines that are in your rules. Thank you. Glick: Thank you, anyone else wishing to speak to this item? Ralph E. Ash - Good Evening Mr. Chairman, members of the Planning and Zoning Commission, Ladies and Gentlemen. My name is Ralph E. Ash and I resided at my current address going on 15 years. It is directly across Cinderella from the proposed project. I first flew into Kenai from my employer, Star Airlines in 1941. Professionally, I have a doctorate degree in Outdoor Recreation from Indiana University. At one time I was a civilian advisor for the Headquarters Alaskan Air Command at Elmendorf Air Force Base, Alaska. I was Chief in the Recreation Services and Facilities Division. I was responsible for 26 remote sites and two main air bases, Elmendorf and Eielson. Wildwood was one of the remote air force stations. Now I'm going to reference my comments I made before the Planning and Zoning Commission on November 21, 1995. I'm firmly opposed to the changing of the zoning from residential to general commercial, adding congestion to a main arterial highway between an entrance and exit of Kenai High School is not an example of good planning and zoning. It should be considered an accident waiting to happen. It is also near the entrance and exit of the Kenai Middle School. It will only contribute to the accident potential in these two areas. No mention has been made about the type of commercial venture which is to be placed on this property. Additional multi -housing will definitely adversely affect the present rural residential environment of the area. It would bring the usual problems associated with multi -family facilities. A commercial zone and multi -family dwellings will totally change the residential character of the area. I'm absolutely opposed to such planning and re -zoning. The propriety of clear cutting and leveling before the re -zoning is in question. Okay, this evening I'm going to reiterate and say some of the things I said before plus a few extra. I'm adamant about the thought of changing the classification of rural residential and granting a conditional use permit for who knows what. No mention has been made on the application. I do not believe there is a demand or a need for any business ventures in this area, especially across from the Kenai High School. The intent of rural residential zoning is to provide for a low density residential development in the form which creates a stable and an attractive residential environment. Granting the conditional use permit will do the exact opposite. I am firmly opposed to changing the present zoning and granting a conditional use permit for some unknown business venture. Adding traffic congestion to a main Planning & Zoning Commission January 14, 1998 Page 13 especially when it's between the exit and entrance of the Kenai High School. Again, it will only contribute to the accident potential of the area. The entrance and exit on Cinderella is suicidal traffic planning. Some students now use Cinderella as a walkway to and from school Can you imagine what it would be like if 500 students wanted to cross the Spur Highway. We all know what congestion is. When there is a special event at the high school that will tell us something about congestion. If necessary, I will get a court order to prohibit the use of my driveway as a turnaround point. It's bad enough the way it is right now. Added traffic congestion isn't good planning and zoning. I believe the comprehensive plan discourages ah... commercial re -zones in neighborhoods which can be adversely impacted. Glick: Sir, are you about.... Ash: Pardon? Glick: Are you about ready to end there, are you about ready to wrap it up? Ash: Yes. Glick: Okay. Ash: I'm totally against the granting of a conditional permit for some unknown business venture. I do.... I do not believe there is a demand or a need for a business venture in this particular area. I highly recommend the Planning and Zoning Commission refuse this unknown business request. I recommend the current rural residential zoning remain and not be changed. There is no need to adversely affect a comfortable rural residential area. Thank you. Glick: Alright, thank you. Sam Stewart, 306 KIM W ANG, Kenai, Alaska - I'm also Principal at Kenai Central High School. I'll be real brief. I would just like to register my concern with the application as written where it says Business/Consumer Services Retail/Wholesale. If that is opening the door for business to come into the area that would be an attraction to our students, that does cause a severe supervision problem or us. We are a closed campus, we try to keep our eyes on what's happening. Kids crossing the street by foot there would be a problem. If you do... ah... decide to grant a conditional use permit, I'd at least ask that you grant some kind of conditional use that doesn't allow for that type of business, anything that would be an attraction to our students. Planning & Zoning Commission January 14, 1998 Page 14 Glick: Thank you Sir. Anyone else in the audience wishing to speak? Paul Sorenson - Good Evening, I live at 36790 Chinulna Drive, Kenai, Alaska. I'm the principal at Kenai Middle School. I had an opportunity to talk to ah.... my PTA member parents and as we look back into the past when we started to build the road along Spur Highway and they expanded that particular road, we were concerned about the traffic at that time for our kids. And ah.... we've looked at a cross way for the kids, an overhead cross way, there wasn't any business projected across even, and to do some compromising they looked at the traffic and they put a traffic light at Tinker and that allows our kids, early in the morning, when I come to work, even at 7 o'clock, I have kids meandering along the road and at that stop light and it's very difficult to see them. And ah.... that stop light does help in that process but when they were planning the overhead passage for kids the cost was prohibitive. The fencing that would take place along there to prohibit kids to cross that road and the safety was the issue for kids and if we start putting businesses along that particular road, I think we have some real issues and there should be a buffer zone to protect those kids; and when I look at my closed campus I notice that kids do not make good decisions at times and ah.... as they can... pass through the woods there and go across the road. Right now I find kids... some of my kids do venture out and I find them at K-Mart and that's a ways, so that's two or three. Once you start establishing businesses along the Spur Highway it's not going to be K-Mart. I'm going to be searching for kids across the road and I would appreciate you... to look at this issue. Thank you. Glick: Thank you. Anyone else in the audience wishing to speak? Colleen Ward, 708 Magic Avenue, Kenai, Alaska - I own parcel, Lot 5 in Cinderella Subdivision and I would like to request an time extension. Glick: You have a written proposal? Ward: Yes Sir. Glick: Anybody opposed. (No objection) Okay. Ward: Councilman Smalley, Chairman, Commissioners, I do not want to stand before you tonight and say the things that I have to say. I find myself in the position of opposing a former and potentially future neighbor and a man I have a lot of respect for. Mr. Chumley, I wish you no ill will but I am compelled to represent what I strongly believe to be true. I would like to begin tonight by commending the Commission for their action regarding the new Land Use Table. Although I'm not in complete agreement with the new table I believe the action of the Planning & Zoning Commission January 14, 1998 Page 15 Council last Wednesday night in passing this Ordinance was a step in the right direction. True planning and zoning success, however, will be tested on a case by case basis as we implement the theories and principals behind such table as we have the opportunity to do here tonight. First, I would like to address you from the perspective of a resident of the area impacted by this conditional land use permit application. The history of this neighborhood, and Ill regress just a minute to thank you again for giving us... neighbors, an opportunity to gather. This is a very familiar gathering place for us because the history of this neighborhood and it's interaction with both the Kenai City Council and this Commission demonstrates a highly collaborative effort of the majority of the property owners to preserve and maintain the low density residential character of this neighborhood. In other words, we do not now, nor have we in the past, wanted or needed commercial enterprise in our rural residential neighborhood. Although there is much support for the rejection of this and future applications in both the Kenai.... the City of Kenai Comprehensive Plan and the Kenai Municipal Code, I've limited my extractions due to time limitations. The comprehensive plan states, "support development of neighborhood serving commercial use such as grocery stores and laundromats in commercial zones." I suggest that, in congruence with our City's own comprehensive plan you support commercial uses in commercial zones. This area is in close proximity to commercial properties that provide ample support for a developing neighborhood. Not only do those commercial zones already exist, they have high vacancy rates. The Kenai Municipal Code, 14.20.150 as quoted on page 2, number 3 of the staff report pertaining to this application states, "Conditional uses may be permitted providing the following conditions are met: 1. Uses be similar to principal uses permitted in the zone, which in this case are one to three family dwellings, churches with 30 foot set back lines, essential services, and general agricultural. Commercial enterprise unquestionably is not similar to any of these primary uses. The second condition is, "Uses must be in harmony of the intent of the zone," residential zoning is simply is not intended commercial. I submit to you that neither of these conditions have been met. The Kenai Municipal Code, 14.20.080, #2 as quoted on page 2, #4 of your staff report states, "Ushes.... Uses should be prohibited which would, violate the residential character of an area, generate heavy traffic in predominantly residential areas. The staffer who compiled this report then states their opinion that "it does not appear this would generate heavy traffic uses with ingress and egress off the Spur Highway." If you look closely at this schematic, and if your not doing so, I encourage you to do so, what you will find is two separate lots; one of which that has ingress and egress to the Spur Highway and one, which as presented, will use Cinderella Road access. At first glance Planning & Zoning Commission January 14, 1998 Page 16 we might assume both lots will share and entrance/exit, however, for all practical purposes we must not assume these lots will be sold. We must assume these lots will be sold separately and dependence on shared usage is a law suit waiting happen. Therefore, I must disagree with the opinion stated by the author of your staff report, traffic uses as currently described in this application will in fact violate the residential character of this main area. In the interest of time, I will move out of the Kenai comprehensive plan and the Kenai Municipal Code to another significant factor and that is surrounding schools. Whether you support development along the Spur Highway or not, I suggest this area be considered unique. Several hundred students may be impacted by your decision tonight. The safety of these students is somewhat contingent on the lure of a commercial enterprise, somewhat contingent on responsible development of traffic patterns must be paramount in your decision. One accident is one too many. Please consider setting this issue... settling this issue once and for all by creating a well designed, responsible and compatible buffer zone surrounding the schools that ensures safety in all future development so we don't find ourselves standing before you year after year. Secondly, I would like to address you from the perspective of a member of this community and someone who is concerned about the economic development of this community. I've been hearing a lot of anti - development, pro -development debate as I've discussed this debate with councilpersons, commissioners, realtors, neighbors, etc., over the last week and although we differ in where we fall on the development continuum most of us have a common interest, the economic vitality of the City of Kenai, that is our common ground. So I've tried to remove myself from my residential bias and approach the issue for a purely economic perspective. The reality is that this condin... conditional land use permit application transcends this particular applicant, it transcends the surrounding residents and it even transcends you in your positions here tonight because it sets a precedent, the action you take will set a precedent that, for years to come, will serve as a measure of accountability for the City of Kenai. Sometimes economic vitality is best achieved through new development and sometimes it is best accomplished through wiser use and nurturing of existing infrastructures and resources. The challenge presented tonight is to discern the difference. The intricate economic balance between supporting new development along a commercial corridor lining the Spur Highway as stimulating new business and the old commercial hub of the City is a critical matter. The former commercial hub along the Spur west of the Carr's is a ready resource of high vacancy and established commercial zoning. In it's current state, this section of our City is very vulnerable. It can become a vibrant part of our economy of a burden to the City. Commercial growth along the Spur is one of it's greatest Planning & Zoning Commission January 14, 1998 Page 17 hazards in equivalent to the proverbial nail in the coffin. Allowing another balance that we have to look at is allowing a single, or a few land owners to benefit at the cost of many surrounding land owners. This could become a problem in terms of cost benefits but also a legal liability. I believe we unanimously agree that commercializing a lot increases it's market value, however, most City officials, elected or otherwise, in current conversations I have had with them, have been reluctant to admit that such commercialization also devalues surrounding residential properties. So, I have called realtors to try to move outside the realm of my bias. Every realtor I have talked to have stated they felt that commercializing a residential lot does definitely impact the value of surrounding residential properties and often in a very negative fashion, not always but often. They also went on to tell me of several documented cases where such devaluation has resulted in successful land suits by those property owners who suffered the devaluation. I'm not presenting this as a fact, I'm not the suing kind and I'm presenting that simply as ah... what has happened in other areas, I mean, as a threat, but that is something that has happened. The impetus behind developing this Spur commercial corridor is to attract revenues to offset declining Municipal Assistance Revenue, ah.... Sharing that we receive from the State and our sluggish rev..... local revenues. The balance that must be achieved is to do just that, attract through desirable, attractive, and responsible development and to avoid inappropriate, unsightly, or incompatible growth that detracts from what the City has to offer. I do not want the Spur to look like the Sterling Highway at some point in time. That is not attractive for the City of Kenai, or economically acceptable. The balance between honoring the needs of the schools and satisfying the wants of developers is also critical to economic vitality because the schools are one of the top rated selling points of most communities. When someone is moving to a community that is one of the things on the top five lists they will check out. The exception might be retirement communities. A balance I believe we are struggling with tonight, and bear Nvith me I'm getting close the end, is the immediate pressure to increase City revenues and the time required to resolve remaining issues that ensure responsible development that, I believe will ultimately will result in stronger, longterm generation of revenues to the City. When we're looking at economic vitality we also have to look at the long term implications and there are three that I will quickly address. What will in... occur if there are violations in fractions of this permit, and I'm not suggesting the current land owner will do this, but I do anticipate the current land owner will at some point in time sell and we are assured by members of the Council, we have been, that if this happens and conditions of the permit are violated, then the permit is pulled. Okay, so you have two buildings with businesses in there that are violating the code, you pull their permit, lets take that the next step, then what? Quite frankly, the Planning & Zoning Commission January 14, 1998 Page 18 City does not have an established -track record of enforcement policy and the track record they have is a little shaky for a neighborhood to put their confidence in at this point. Quite frankly, this is a major concern to me and my neighbors. The second long term implication I'd like you to consider is some of the Spur frontage parcels are much larger than the two lots that we are discussing tonight, approximately 2.5 acres and could amount to a sizable enterprise. How will we discern who can and can't set up shop? How will we protect the residential traffic flow while providing safe, which in the Department of Transportation language, is often synonymous with limited Spur Highway access. The only alternative, as undesirable as it is, is to use your residential roads as proposed in this application. The third long term implication relates back to a statement made in your staff report. The staff report states, "Commission may identify these lots as no longer appropriate for residential development based on their proximity to the Kenai Spur Highway. How many of my neighbors would agree with that? (Ward addressed this question to the audience) That they would no longer be suitable for residential, we live there, we don't agree with that, that is a matter of opinion. As the schematic shows, the developer is attempting to use trees as a buffer zone, or buffer lines, the same thing could be done with residential properties. Proximity to the schools is often very desirable in residential properties. So in reality the truth of this statement is dependent on what you determine tonight. It is not a truth that already exists other than in the minds of the author and those who agree with it. The last thing I'd like to speak to you about, and it.... ah... is the issue of compromise. I will reiterate, I believe any compromise will come ultimately at a great cost to the City, however, it if there must be compromise should the Commission disregard the desires of the majority land owners, I would like to recommend the application be approved with the following conditions: Require the City honor Mr. Chumley's informal offer to change the designated use from that of Business Consumer Service and Retail/Wholesale Business to that of Professional Offices. A designated use alloted in the newly adopted land use table. 2. The second condition is to provide expanded definition of professional offices to outline the parameters between professional and business consumer services. For example, if a doctor or lawyer's offices are professional and hair salon and video rental are business consumer services, where does an architect, an engineer, a graphic designer, a photographer, or for that matter, a massage Planning 8s Zoning Commission January 14, 1998 Page 19 therapist fall? If you -follow my line of reasoning, the ambiguity of the definition for the listing of designated uses provides ample concern for me and my neighbors. So that would be the second condition. 3. The third condition relates to aesthetic considerations. The Kenai Municipal Code, 14.20.080 as recited in your staff report, under analysis, page 1 states, "The intent of the rural residential zone is to provide for low density residential development outlying in rural areas in a form which creates a stable and attractive residential environment. I suggest the conditions of approval specify as Mr. Chumley as indicated informally, his willingness to conform with a residential appearing, therefore, aesthetically compatible structural design, decor and landscaping. 4. The fourth condition relates to traffic violation to the residential character of the area which must be prevented by requiring Spur Highway ingress and egress only. The application must be revised to remove the Cinderella driveway. I cannot stress to you the importance of this condition. I believe it is a precedent setting move, long term implications and balancing the needs of the residents and the desires of the Department of Transportation are somewhat mind boggling. In closing, I am opposed to the approval of Mr. Hugh and Joe Chumley's conditional land use permit application. In spite of the overwhelming oppostion, should this application be approved, I urge you to approve only with the clearly defined conditions I just outlined. I would like to suggest or recommend future action of the Commission be that they pursue a buffer zone around the school, involving the school in the process of what that buffer zone should look like. Secondly, that they set up a task force to specifically research the Spur Highway corridor. In my discussions with a number of people, our City is headed in a million different directions when it comes to that stretch of land. And thirdly, extend notification parameters from the existing 300 feet to one mile of the location of conditional land use permit applications. I thank you for your patience, for the extended time and I urge you to carefully and wisely make your decision concerning this application. Thank you. Glick: Thank you. Anyone else in the audience Vvishing to speak to this item. Anyone else? Mr. Chumley, you care to speak about what your Planning & Zoning Commission January 14, 1998 Page 20 doing? What your intentions are? - Members of the Commission and Ladies and Gentlemen of the audience, thank you once again for your time. Ah.... I ah.... I will not respond to some of the things that were said tonight Glick: Would you state your name and address for the record. Hugh Chumley, P.O. Box 1356, Sterling, Alaska - I did reside on Princess Lane in Kenai, still own property there as well as this property. I will not respond to some of the comments that was made tonight for I feel it was totally inappropriate and inaccurate on some of it. Ah.... I have faith in the process, I will admit, as one gentleman mentioned here, a year or so ago when I appeared before this Commission, it was out of ignorance. I come in and applied for re -zoning. I did not know that... that... that was not going. I had no idea so I apologize for that, I apologize for taking up your time. The only thing... I have faith in the system, ah... that you folks will make the right decision and make a good decision whatever that may be. Ah... as far as the question that will we have to keep doing this time and time again. It's my understanding there is only one other time after this if this is unsuccessful, so... but again, thank you for your time, I appreciate it, I thank all of you residents for your time and your concerns. Thank you. Glick: Thank you. Mahurin: Question for Mr. Chumley. Glick: Mr. Chumely? Mahurin: Do you wish to share with the Commission what your intentions are for a business consumer, retail/wholesale business? Chumley: Yes Mam, when I appeared ah... here a year or so ago we had ah, ah... one lady that owns a beauty shop in Kenai that wanted to lease one of the spots as well as buy a lot behind it. Ah.... since then, just here recently that has gone away because she's had to do something else. We had an insurance agent that was interested in one and since then that's gone away. Something along these lines as we've stated to some of the concerned residents ah... this is what we want to do. There was not a place on the application to state that so we did not state it, we simply tried to follow the guidelines and list what we felt would cover that category. Mahurin: So at this point you don't know what businesses exactly would go in there. Planning & Zoning Commission January 14, 1998 Page 21 Chumley: No Mam, I don't, something like the... the professional services as Mrs. Ward had mentioned and..... and we did, as she stated, agreed to... to change the application if that would help. Mahurin: Thank you for answering my questions Mr. Chumley. Chumley: Pardon? Mahurin: I appreciate you taking... answering my questions, thank you very much. Glick: Anyone else? Okay, thank you. Anyone in the audience wishing to speak to this item? Seeing or hearing none I will bring this back to the Commissioner's, public hearing is now closed. Verbatim Ends When asked if staff had anything else to add to this, Kebschull responded that she had a couple of items she wanted to clarify from the staff report. The code requires, under the new land use table, that this property must have ingress and egress off the Spur Highway to allow this conditional use. This is one problem that does not exist. The second clarification Kebschull made was in regard to the statement Ward read from the comprehensive plan which states "the City support development of neighborhoods serving commercial uses such as grocery stores and laundromats in commercial zones". That statement is taken from the section on residential land use strategies so by looking at that in context, that is a strategy that the City is supposed to use as far as development for residential land use. Kebschull stated that when she looked at this application, the zone, and the intent it became very confusing because the intent in the definition for the rural residential zone doesn't appear to fit that zone. Kebschull continued, it is difficult to look at that zone as being outlying and rural when it's within walking distance of the city. So that's a problem staff has because the code is sometimes outdated when we look at these things. Another problem is that the land use table allows for a conditional use in this area but when you look at the conditional use section of the code it says that uses may be allowed as long as they are similar to principal uses, so why would we have a "C" in the land use table if the only principal use is the zones of residential. Kebschull further stated that all staff can do is bring these conflicts to the Commission's attention. Kebschull pointed out that the City Attorney was available to answer any questions. Christian reminded the Commissioners that they had gone through the Planning & Zoning Commission January 14, 1998 Page 22 land use table and it was thrown back during the work session to reconsider and in fact there was very strong pressure to change that. Christian stated he can see a rural residential area and the group of people with a strong intent on what they want there and it's apparent they don't want anything commercial anywhere in that zone. Christian indicated that he would have to agree. Mahurin reported that she voted against this the last time and will vote against it again. Mahurin agrees with what Christian said about the land use. Mahurin stated the Commission had a hot and heavy work session with City Council over several of these areas and what will happen with the Spur Highway corridor is one of the areas where she personally have a disagreement with many of the City Council members. Mahurin felt the green strip, bike path and walking, at least from east Aliak into town, is just a wonderful feeling to drive into and she would hate to give that up when there is a lot of commercial openings around town. Mahurin stated she doesn't want to take away the right of property owners but she also understands how strongly the surrounding property owners feel. Mahurin apologize to Chumley for not voting to allow a conditional use permit, particularly when the type of business has not been identified. Mahurin continued, she trusts what he may have in mind but she cannot vote for an unknown and can't vote for a business contrary to what some may feel. Mahurin feels the area should remain a green strip and buffer zone. Nord wanted to go on record by stating that she will also oppose the conditional use permit application for several reasons. Normally when a conditional use permit is approved the type of business is stated. In this case the type of business is not known. Nord continued, the opposition from the residents in the area leads her to believe this is not what they want and it was not their intent when they purchased their property. Nord stated, as a realtor she has agreed to protect the rights of the private property owners. However, on the other hand Nord felt that Chumley has a right as a private property owner as well but the code does state that the uses must be similar to principal uses permitted in the zone and the use must in harmony with the intent of the zone. Nord further stated that perhaps the cart is before the horse here because there is some discrepancies in the code which have been brought out tonight that the Commission will need to look at in the near future. Nord indicated that at this time she will vote against the application. Goecke reported that he does not feel the same way as the other Commissioners because he thinks there should be a complete commercial zone from city limit to city limit, bordering the Spur Highway and that should be one block or 200 feet deep. Goecke also felt the bike path or walking path can coexist with a commercial zone. Goecke stated Planning & Zoning Commission January 14, 1998 Page 23 he did not personally use the bike --path but this year with the snow the State was keeping it cleared for residents to use in the winter. Goecke also addressed the existing vacant commercial property. He stated that it would be nice to see everything full but what is vacant today may not work for the business that wants to operate. Goecke did not feel a person should be expected to open a business in an existing building that is not suitable. Goecke also addressed the comments with regard to the schools. He heard the concerns about kids going to these businesses during school hours. He heard from the educator that said that he finds his students at K-Mart during the day, in respect to that item, so much for the closed campuses. Goecke asked what is a school other than a place of learning for kids, in a loose, liberal sense it could also be construed as a business. Goecke continued, not in the true definition, but is can kind of be construed as a business because we are paving people to educate our children. You pay employees to work for you to sell goods, so in the loose definition, a school can be called a business. Goecke asked that this not be taken completely out of context but sometimes people get out to left field and need to back up and take a better look at things. Werner-Quade reported that she will be opposing the conditional use permit because she agreed with what Mrs. Sonberg said that it is not in harmony with the zone. Werner-Quade said she also agreed with Mr. Ash who said the 45 mph speed limit around a business is an unwise decision. Werner-Quade further stated that she agreed with the two principals that it is unwise to allow a business that may attract kids away from school. Bryson indicated that he had several areas of concern and several areas that are desirable to a business. First being the access to a street, encouraging access to a street is a much better and safer situation that a driveway with a guaranteed visibility; a visibility that is maintained by the agencies. Bryson felt it was appropriate in a conditional use situation to define what the proposed use was going to be. Bryson expressed concern with the vicinity of the school being directly across the street. Again it depended on the type of business that would go in. Bryson stated with the four lanes of traffic it is awkward at times to get across the highway. Bryson indicated that at this time he will vote in opposition of the re -zone but also feels there are areas that can be worked out. Mahurin pointed out that people also walk their dogs along the bike path. Planning & Zoning Commission January 14, 1998 Page 24 S. Bryson also commented on the area being referred to as being a green belt and as a buffer situation. He reminded the group that it is not a green belt nor a buffer, it is a residential area. VOTE MAHURIN NO CHRISTIAN NO BRYSON NO WERNER-QUADE NO GOECKE YES NORD NO GLICK YES MOTION FAILED Glick informed Mr. Chumley of his right to appeal to Council should he so desire. NEW BUSINESS: a. Kenai River Water Monitoring Plan Work Group Glick directed attention to the memo in the meeting packet from the City Clerk requesting a volunteer to participate in the activities of the work group. It was pointed out that Kornelis, the Public Works Director, already attends the meetings. Nord asked what the commitment was, what days the meetings are held, how long is the work group going to last, and what is the intent of the work group? Smalley answered, it could be up to two meetings per month but did not know the date and time. Nord asked how can the Commission commit to something where the intent is not known. Kebschull stated that Kornelis went to the first meeting and it lasted from 3:00 p.m. to 6:30 p.m. and another meeting was scheduled in two weeks. It appeared the meetings will be held very- two weeks and there was no indication as to how long this would go on. Nord stated that she read their goals and she still couldn't determine what they were trying to accomplish. Nord asked what Council intended by sending someone from Planning and Zoning to the meetings. Smalley replied, this particular group will be responsible for monitoring the different aspects of what's going on within Kenai with regard to the Kenai River Watershed. Nord asked if this is something that came from the Watershed Task Force? Smalley confirmed the invitation came from them. He continued, in the past there has been a lot of decisions and discussion about the watershed within the city limits of Kenai with very little input from the City. Council felt this might be an opportunity to give individuals from the Planning & Zoning Commission January 14, 1998 Page 25 b. City some responsibility for regulations, etc. Smalley directed attention to the first, second and third aspect on the monitoring plan which focuses on what the goal areas were. Nord felt that perhaps it was necessary to have the Kenai River Water Monitoring group attend a Planning and Zoning meeting to explain what the commitment and goal is. Smalley stated the City already monitors the water quality because of the sewage treatment plant but it is not monitored in upper river. Nord asked if Council wanted this Commission to take the position of being a watch dog to this committee. Smalley replied by reading a portion of the memo from the City Clerk which stated, "Council encourages a member of your Commission to participate in the activities of the Work Group", so a volunteer will be a participant and will report back to this body, or directly to City Council. After more discussion Nord volunteered to attend the meetings on behalf of the City and requested information on the date and location of the next meeting. Glick volunteered to serve as back up to Nord should she not be able to attend a meeting. Assignment of and Amendment to Lease — Ronald Yamamoto, Lot 3, Block 1, Gusty Subdivision GOECKE MOVED TO APPROVE THE ASSIGNMENT OF LEASE FROM YAMAMOTO TO NATASHA LOTT AND NINA MARION. MOTION SECONDED BY MAHURIN. Staff had nothing additional. VOTE CHRISTIAN YES WERNER-QUADE YES NORD YES GLICK YES Motion passed unanimously. BRYSON YES GOECKE YES MAHURIN YES C. 1998 Planning and Zoning Commission Goals and Objectives Mahurin asked who drew up the goals and objectives. Kebschull replied that she did with input from the City Engineer. Kebschull also pointed out the list was rather extensive so the Commission may want to prioritize it. Christian requested that a couple of things be added to the list. One item was notifying property owners more than just through public Planning & Zoning Commission January 14, 1998 Page 26 hearings. An example Christian used was home occupations. People around the business should be aware that this is being considered as a conditional use. Christian stated he realized this was expensive but was unsure if the people were being served properly if they don't know something was being considered other than a notice in the newspaper. Mahurin shared the concern with Christian and that some time should be devoted to discuss the topic. Glick asked that this topic be added to the goals and objectives list. Kebschull noted there are many inconsistencies that need to be looked at. What happened at this meeting is an example of such differences and since these are so vast it's difficult to clarify. It was noted that one section affects another section. Kebschull further stated that Soldotna was going through the same thing as a result of a similar problem and had hired someone to assist them. Kebschull briefly went through the list and explained what needed to be done with each item. Kebschull noted that the subdivision design standard is an area where the City Engineer would need to be involved because the code is non-specific. Kebschull continued stating she thought all items on the list were important and by starting on any of them would be a step in the right direction. Kebschull also pointed out the landscape site plan issue was not included on the list but is an item that has been of concern. Nord thought perhaps more concentration should be given to the definitions as it was difficult at this meeting to define harmony or what some may consider harmony. It makes it very difficult when looking at the overall picture. Christian suggested the RP zone be reconsidered with input from the Commission. Christian reminded the group that the main objection was the size of the lots and that's one of the reasons it was voted down. Christian felt it was necessary to find a zone category that has single family dwellings only where people can buy into this particular zone and be assured they are not going to have duplexes, etc., going into their neighborhood. Goecke stated the only way he would even think about an RP zone is if it was only available to a new development and it was what the developer wanted. Goecke indicated that he would not vote for this if this was for an existing development, regardless of where it was in this town. Christian clarified the zone would be for new developments only. Planning 8s Zoning Commission January 14, 1998 Page 27 Mahurin indicated that she wasn't ready to fight the fight again with zones. Glick asked how many Commissioner's wanted the item added to the list. No show of hands so the item would not be added to the list. Christian suggested that an applicant be required to attend the meeting when their application is before Planning and Zoning, whether it is for public hearing or consideration. Christian stated it is difficult to determine what a person's intent is and staff should not be expected to try to explain their plans. If the applicant could not be present then the item should be postponed until he can be present. Kebschull pointed out that would have to be stated in the Code as at this time it is not required. She also stated it was the same with the Use. After more discussion it was determined that the items suggested were already included on the list. GOECKE MOVED TO ACCEPT THE GOALS AND OBJECTIVES LIST AS PRESENTED BY STAFF. SECONDED BY MAHURIN. NO OBJECTION - MOTION PASSED UNANIMOUSLY. 9. OLD BUSINESS: - None 10. CODE ENFORCEMENT ITEMS: Smalley stated that Blockbuster Video is entering and existing on the bike path at the west entrance off the Spur Highway. This area is even being plowed. Glick noted that: Subway was doing the same thing. Graves confirmed that this was a code violation and he suggested a letter be written advising them of the violation. It is possible to get volunteer response and Graves expects that would probably happen. Goecke asked if the State would pursue something like that since the bike path is on State property. Graves was unsure if they would or not but since it is in the City it is a code violation. Christian suggested they place their dumpster there to block access. 11. REPORTS: d. City Council: Smalley gave the following report (1 / 7 / 98 Council Meeting) A number of individuals came to speak about the issue of the land use table that. was being approved. These individuals wanted to specifically talk about the issue that was discussed tonight. The group was Planning & Zoning Commission January 14, 1998 Page 28 encouraged to attend this meeting as this is where the issue would be voted on. Smalley asked Council if they would be interested in changing code with regard to notification of new development. The City Manager is going to do some research to identify the cost that came up in the past with regard to notification. This will vary due to location. Smalley noted that public hearings are advertised in the newspaper ten days prior to the meeting, the agenda is advertised generally the Monday of the meeting week, it is on the City's web site, and it is also posted on the bulletin board at City Hall. Smalley added that the City does an admirable job and is meeting code with the contact being made. Public Hearings: Items 1 through 6 passed. Item 6 deals with lighting replacement at the library. This is an ongoing maintenance project the City will be doing at a number of their facilities. The figure noted is lower than what was budgeted. The cost savings once the project is complete will be approximately 40%. Old Business - Item 1 - The issue was encroachment of a pad and partially constructed building on City property in Cunningham Park. Confusion came when the City installed the fence which was well inside the City property. Garcia originally thought it was the property line. Garcia contacted the Cunningham family and they sent back some proposals. At this point the City is pursuing a land sale to eliminate a right of way problem. Nord asked if the City allows Garcia to purchase the property would the funds from the sale go back towards Cunningham Park. Smalley confirmed that would happen and it was a request from the Parks Department. Nord asked if there was any chance of a new boat ramp. Smalley reported the boat ramp was put in illegally. The Airport Manager position is being re -advertised. The two individuals that were seriously considered did not accept due to the salary. As a result, the City Manager is looking at the job description and salary. Department heads are working on their budgets. Council and Administration will be involved with the Board of Fish meetings that start on February 4, 1998 in Soldotna. The issue to be discussed is the dip net fishery at the mouth of the Kenai River. The City would like to get the State to change the boundary line. The State will provide more dumpsters and post signs for litter and fish remains. The Forest Drive completion date is now 2000. There is a reconsideration for curbs and gutters. A meeting is scheduled for February 17 to discuss the project. Senator Ward is on the Planning & Zoning Commission January 14, 1998 Page 29 Transportation Committee and will attempt to get this project moved up to an earlier completion date since it has been engineered. Mr. Wehrstein in Homer requested the City consider a 20 year lease to put a Kenai Visitor Center on the Homer Spit. Council declined. Smalley will not be at the next meeting as he will be in Juneau attending the Alaska Municipal League meeting. Councilman Bannock will attend the meeting. b. Borough Planning - Bryson made the following report: Two meetings were held since the last Planning and Zoning meeting. The most recent was January 12, 1998. There was one item that drew the greatest comment which was item F-1 - Proposed classification of approximately 20 acres of land in the Homer area for a single, residential use. The determination was the property had to have reasonable access to be reclassified and this did not. The application was turned down. All plats were approved. December 15, 1997 Meeting: The item that drew the major amount of comment was item K-1, Kenai River road construction in the wetlands area. This is referred to as the Carter project in the Big Eddy area. There is a subdivision along the river that did not have dedicated or developed access. The owner of several of the lots along that area proposed construction of a road to provide access to the subdivision. He went through the Corp permit procedure and the determination is not yet known, however, the project was found to be in conformance with the Coastal Zone Management Plan. C. Administration: Kebschull drew the Commission's attention to the two reports included in the meeting packet regarding; the 1997 Planning and Zoning Commission Report and the Summary of 1997 Building Permit Activity. 12. PERSONS PRESENT NOT SCHEDULED: 13. INFORMATION ITEMS: a. 1998 Planning and Zoning Commission Meting Schedule b. KPB Planning Commission Action of December 15, 1997 C. Letter from Kenai River Center dated December 15, 1997 d. Letter from Kenai River Center dated December 16, 1997 e. Planning; Commission Roster Planning & Zoning Commission January 14, 1998 Page 30 f. Historic District Board Minutes -of December 15, 1997 14. COMMISSION COMMENTS AND QUESTIONS: None 15. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 9:30 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning 8v Zoning Commission January 14, 1998 Page 31 _[- CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS January 28,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 14,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: 8. OLD BUSINESS: a. Goals & Objectives 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Bridge Access Road Rehabilitation Permit Information b. Historic District Board Minutes of January 19, 1997 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION January 28, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord Members Absent: Teresa Werner-Quade, Karen Mahurin, Michael Christian Others Present: Administrative Assistant Marilyn Kebschull, Councilman Duane Bannock, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. BRYSON SECONDED THE MOTION. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: - January 14, 1998 GOECKE MOVED TO APPROVE THE MINUTES OF JANUARY 14, 1998 AND ASKED FOR UNANIMOUS CONSENT. BRYSON SECONDED THE MOTION. Bryson requested to clarify a statement he made on page 24, the fifth paragraph, the first sentence should read, "Bryson indicated he had several areas of concern. The location has several areas... The second sentence should have a period after street. The third sentence should read: "Encourage access to a street is a much better and safer situation than a driveway, providing a guaranteed visibility; ... The fourth sentience should begin with, ": "Bryson also felt.... The last sentence should read, "Bryson indicated at this time he will vote in opposition of the re -zone but also feels there are areas of concern that can be worked out. Planning & Zoning Commission January 28, 1998 Page 1 The first paragraph on page 25 should read, "Bryson also commented on the area being referred to as being a green belt and a buffer. He reminded the group that it is not a green belt nor a buffer, it is a residential zoned area. THE MINUTES OF JANUARY 14, 1998 WERE APPROVED WITH THE ABOVE NOTED CORRECTIONS. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: - None 6. PUBLIC HEARINGS: - None 7. NEW BUSINESS: - None S. OLD BUSINESS: a. Goals and Objectives Kebschull asked the Commission to develop a method of proceeding with the goals and objectives or determining a place to start. Kebschull recommended the land development requirements table be looked at first as some work had been done on it when the land use table was being worked on. Kebschull continued, with the building season approaching this may be a good place to start to clarify the requirements before people begin requesting building permits. It was clarified the goals and objections were accepted at the last meeting. Kebschull indicated that staff could bring the Commission a recommended starting point as the building official had already gone through and made some recommended changes. The City Engineer will also review the table. After a brief discussion it was determined this would be a good place to start so the Commission will wait for input from staff. Kebschull asked if the Commission wanted to continue handling the goals and objective items under Old Business in the regular meetings before setting work sessions. Glick asked to wait to see how big the project would be, it is possible they should be handled in a work session. 9. CODE ENFORCEMENT ITEMS: None Planning & Zoning Commission January 28, 1998 Page 2 10. REPORTS: _ a. City Council: Councilman Bannock gave the following report based on the agenda from Cou.ncil's January 21, 1998 meeting. Page 2, Under New Business, Item H-5, the conditional use permit request was dealt with by the Planning and Zoning Commission at the January 14, 1998 meeting. Mr. Hugh and Joe Chumley both appealed the decision and this is scheduled to be heard at Council's February 4, 1998 meeting. Councilman Bannock encouraged the Planning and Zoning Commission to attend the meeting to to speak to Council regarding the permit. Bannock added, he did not feel it was inappropriate for a member to share messages at the meetings as a Planning and Zoning Commissioner. With regard to items 1 and 2 of Public Hearings, the City has budgeted money for many years into an Heavy Equipment Reserve/Replacement Fund. The fund has been depleted so Council took 1.5 million dollars out of the general fund and set up a new Equipment Replacement Fund. A 20 year cycle was projected for replacing heavy equipment, these are items in excess of $50,000. The City will begin making payments into the Fund. The 1.5 million is considered seed money and it will earn it's own interest. The payment this year is $33,000.00 and the payment schedule: will go up. The projection is in 20 years there will still be $300,001'.) left in the account. Item H-3 was up for introduction. Barry Norwood is a six year old and at his last birthday he asked his friends to not bring presents but rather to bring a crash donation. The cash donation, which totaled $116.01, was for the City of Kenai's animal control shelter. Council will give Mr. Norwood a citation at the February 4, 1998 meeting. Item H-7 , the decrease in the fire training center of $116,235.15 is a result of changes made to the audio/video room. A tremendous amount of equipment was deleted. Goecke ::asked where the money for the Equipment Replacement Fund was kept. Bannock answered that it would be invested but could not say where. Goecke stated hat money was just sitting in a bank gaining interest :is a way of going broke safely. Bannock indicated it is unlikely the money is in a bank. Planning & Zoning Commission January 28, 1998 Page 3 b. Borough Planning — Bryson reported a meeting was held on Monday, January 26, 1998. The following report was made: Public Hearing - Item F-1, vacation of a street on Bay Ridge Road in Homer. This is in an existing subdivision and one of the reasons for vacating the street was the petitioner was afraid the road would deteriorate as people who fronted on the property utilized it. The hearing will be continued because the area indicated by the petitioner was not directly the area they had intended to petition for. Item F-2, Ordinance authorizing the purchase of property for the Volcano Center. Administration requested the item be postponed but it should go before the Assembly within two meetings. Item F-3, Ordinance accepting a grant from the federal government for spruce bark beetle problems. As is common in the first part of the year there were many plats requested for review. The five presented at the meeting were approved. Bryson drew attention to future items listed on the agenda. C. Administration: Since the Chumley's had appealed the Planning and Zoning decision, Kebschull also encouraged the Commissioners to attend the Council meeting scheduled for February 4, 1998. Kebschull reported as a result of the public concern regarding the Chumley conditional use permit request, Council directed staff to review the public hearing notification process. Kebschull's research included contact with other locations such as Anchorage, the Mat -Su Borough and the peninsula to determine what they do. The information has been provided to the City Manager and will also be provided to Council on February 4, 1998. This is an effort to determine what can be done to accommodate more people. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Bridge Access Road Rehabilitation Permit Information b. Historic District Board Minutes of January 19, 1997 Planning & Zoning Commission January 28, 1998 Page 4 13. COMMISSION COMMENTS AND QUESTIONS: Nord reported that she attended the first Kenai Watershed meeting and now has a better understanding of what the purpose is. They want to have a baseline and at -the next meeting site selections will take place for where water monitoring willstart. The goals and objective are still being worked on and how they would be implemented. A group of technical individuals were chosen to decide the criteria that would go into each level for reporting purposes. The group decided they would not be a regulatory agency but they would make the information public and notify the appropriate agencies of any problems with the water. Discussion took place on the dinner invitation from the KRSMA Board. Goecke asked if Bannock had replaced Councilman Smalley as a member of the Planning and Zoning Commission. Bannock confirmed that he was just filling in for Councilman Smalley. 14. PERSONS PRESENT NOT SCHEDULED: - None 15. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:20 P.M. Respectfully submitted., -t� dL6g;:�c, Barbara Roper, Co tract Secretary Planning & Zoning Commission January 28, 1998 Page 5 The first paragraph on page 25 should read, "Bryson also commented on the area being referred to as being a green belt and a buffer. He reminded the group that it is not a green belt nor a buffer, it is a residential zoned area. THE MINUTES OF JANUARY 14, 1998 WERE APPROVED WITH THE ABOVE NOTED CORRECTIONS. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None S. CONSIDERATION OF PLATS: - None 6. PUBLIC HEARINGS: - None 7. NEW BUSINESS: - None 8. OLD BUSINESS: a. Goals and Objectives Kebschull asked the Commission to develop a method of proceeding with the goals and objectives or determining a place to start. Kebschull recommended the land development requirements table be looked at first as some work had been done on it when the land use table was being worked on. Kebschull continued, with the building season approaching this may be a good place to start to clarify the requirements before people begin requesting building permits. It was clarified the goals and objections were accepted at the last meeting. Kebschull indicated that staff could bring the Commission a recommended starting point as the building official had already gone through and made some recommended changes. The City Engineer will also review the table. After a brief discussion it was determined this would be a good place to start so the Commission will wait for input from staff. Kebschull asked if the Commission wanted to continue handling the goals and objective items under Old Business in the regular meetings before setting work sessions. Glick asked to wait to see how big the project would be, it is possible they should be handled in a work session. 9. CODE ENFORCEMENT ITEMS: None Planning & Zoning Commission January 28, 1998 Page 2 10. REPORTS: a. City Council: Councilman Bannock gave the following report based on the agenda from Cou.ncil's January 21, 1998 meeting. Page 2, Under New Business, Item H-5, the conditional use permit request was dealt with by the Planning and Zoning Commission at the January 14, 1998 meeting. Mr. Hugh and Joe Chumley both appealed the decision and this is scheduled to be heard at Council's February 4, 1998 meeting. Councilman Bannock encouraged the Planning and Zoning Commission to attend the meeting to to speak to Council regarding the permit. Bannock added, he did not feel it was inappropriate for a member to share messages at the meetings as a Planning. and Zoning Commissioner. With regard to items 1 and 2 of Public Hearings, the City has budgeted money for many years into an Heavy Equipment Reserve/Replacement Fund. The fund has been depleted so Council took 1.5 million dollars out of the general fund and set up a new Equipment Replacement Fund. A 20 year cycle was projected for replacing heavy equipment, these are items in excess of $50,000. The City will begin making payments into the Fund. The 1.5 million is considered seed money and it will earn it's own interest. The payment this year is $33,000.00 and the payment schedule will go up. The projection is in 20 years there will still be $300,000 left in the account. Item H-3 was up for introduction. Barry Norwood is a six year old and at his last birthday he asked his friends to not bring presents but rather to bring a cash donation. The cash donation, which totaled $116.01, was for the City of Kenai's animal control shelter. Council will give Mr. Norwood. a citation at the February 4, 1998 meeting. Item H-7, the decrease in the fire training center of $116,235.15 is a result of changes made to the audio/video room. A tremendous amount of equipment was deleted. Goecke ,asked where the money for the Equipment Replacement Fund was kept. Bannock answered that it would be invested but could not say where. Goecke stated hat money was just sitting in a bank gaining interest is a way of going broke safely. Bannock indicated it is unlikely the money is in a bank. Planning & Zoning Commission January 28, 1998 Page 3 b. Borough Planning — Bryson reported a meeting was held on Monday, January 26, 1998. The following report was made: Public Hearing - Item F-1, vacation of a street on Bay Ridge Road in Homer. This is in an existing subdivision and one of the reasons for vacating the street was the petitioner was afraid the road would deteriorate as people who fronted on the property utilized it. The hearing will be continued because the area indicated by the petitioner was not directly the area they had intended to petition for. Item F-2, Ordinance authorizing the purchase of property for the Volcano Center. Administration requested the item be postponed but it should go before the Assembly within two meetings. Item F-3, Ordinance accepting a grant from the federal government for spruce bark beetle problems. As is common in the first part of the year there were many plats requested for review. The five presented at the meeting were approved. Bryson drew attention to future items listed on the agenda. C. Administration: Since the Chumley's had appealed the Planning and Zoning decision, Kebschull also encouraged the Commissioners to attend the Council meeting scheduled for February 4, 1998. Kebschull reported as a result of the public concern regarding the Chumley conditional use permit request, Council directed staff to review the public hearing notification process. Kebschull's research included contact with other locations such as Anchorage, the Mat -Su Borough and the peninsula to determine what they do. The information has been provided to the City Manager and will also be provided to Council on February 4, 1998. This is an effort to determine what can be done to accommodate more people. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Bridge Access Road Rehabilitation Permit Information b. Historic District Board Minutes of January 19, 1997 Planning & Zoning Commission January 28, 1998 Page 4 13. COMMISSION COMMENTS AND QUESTIONS: Nord reported that she attended the first Kenai Watershed meeting and now has a better understanding of what the purpose is. They want to have a baseline and at the next meeting site selections will take place for where water monitoring will start. The goals and objective are still being worked on and how they would be implemented. A group of technical individuals were chosen to decide the criteria that would go into each level for reporting purposes. The group decided they would not be a regulatory agency but they would make the information public and notify the appropriate agencies of any problems with the water. Discussion took place on the dinner invitation from the KRSMA Board. Goecke asked if Bannock had replaced Councilman Smalley as a member of the Planning and Zoning Commission. Bannock confirmed that he was just filling in for Councilman Smalley. 14. PERSONS PRESENT NOT SCHEDULED: - None 15. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:20 P.M. Respectfully submitted, -11� n;4 6, Z� Barbara Roper, Co tract Secretary Planning & Zoning Commission January 28, 1998 Page 5 HISTORIC DISTRICT BOARD January 19,1998 - 7:00 p.m. *** AGENDA*** Kenai Council Chambers Chair Dorothy Gray 1. ROLL CALL: 2. ELECTIONS: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: November 17, 1997 November 17, 1997 (Information Only) December 15, 1997 (Information Only) 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. HISTORIC BOARD REVIEW: 6. NEW BUSINESS: a. OHA FY 1999 Grant Priorities b. 1998 Goals & Objectives c. Annual Survey of Historic Properties (KMC 14.20.105 (4)) d. February Meeting Date 7. OLD BUSINESS: a. Preservation Plan —Reports from December meeting assignments. Item 7—Kebschull; Item 9—Huhndorf, Item 10—Kluge. 8. REPORTS: a. City Council b. Administration 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 10. BOARD QUESTIONS AND COMMENTS: 11. INFORMATION: a. "National Register of Historic Places Publications" b. Letter dated December 18, 1997 to Alan Boraas c. Memo from Clerk Freas regarding change in board make-up daied 12/18/97 d. Historic District Board Roster Historic District Board Page 2 Agenda January 19, 1998 e. "National Trust for Historic Preservation" information flyer f. The Alaska Association for Historic Preservation membership letter dated 12/9/97 g. Letter from OHA dated 12/3/97 h. "Preservation Advocate News" November 1997 Letter to DOT dated 11/20/97 regarding N ission Street Project "The Alaska Association For Historic Preservation" 12. ADJOURNMENT: HISTORIC DISTRICT BOARD January 19, 1998- 7:00 p.m. Kenai City Hall Council Chambers Chair Dorothy Gray *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL 2. Chairperson Gray called the meeting to order at approximately 7:05 p.m. Members Present: Dorothy Gray, Cecelia Richard, Michael Huhndorf, Bill Kluge Members Absent: Ethel Clausen, Gloria Wik Also Present: Jack La Shot, Contract Secretary Barb Roper Gray announced that elections will be held for the Chair and Vice Chair positions and called for nominations. KLUGE MOVED TO REAPPOINT GRAY AS CHAIR. MOTION SECONDED BY HUHNDORF. VOICE VOTE: All in favor, motion passed unanimously. KLUGE MOVED TO REAPPOINT HUHNDORF AS VICE CHAIR. MOTION SECONDED BY RICHARD. VOICE VOTE: All in favor, motion passed unanimously. 3. APPROVAL OF AGENDA KLUGE MOVED TO APPROVE THE AGENDA. Agenda was approved as presented. Gray introduced Cecelia Richard, a new member on the Historic Board. Richard, who was born and raised in Alaska, has been a resident of Kenai since 1980. Richard was most recently employed with the Kenai Visitor's Center and had just taken another position at "Good Books and More" store. Historic District Board January 19, 1998 Page 1 4. APPROVAL OF MINUTES - November 17, 1997 Minutes of November 17, 1997 were approved as written. S. PERSONS PRESENT SCHEDULED TO BE HEARD - None Gray introduced Tom Murphy who was present at the meeting but was not scheduled to be heard. Murphy reported that he attended this meeting as he is in the process of writing a book on the history of Kenai. Since he intended to sit through the entire meeting, Murphy will be heard under Item 10, Person's Present Not Scheduled to be Heard. 6. HISTORIC BOARD REVIEW - None 7. NEW BUSINESS a. ORA FY 1,999 Grant Priorities Gray indicated the Board chose not to write a grant this year because the other one wasn't quite finished. She noted the applications for 1999 will not be available until late summer or early fall. Gray pointed out that things on the list were in line with the Historic Board's preservation plan, such as increasing public awareness on historical preservation, strengthen efforts to identify archaeological and historic resources, etc. b. 1998 Goals and Objectives Gray suggested the Board consider becoming involved at the State level to highlight the gold rush activities in Kenai since Kenai was the first place where gold was discovered. Huhndorf asked if there could be a commemorative notation to be included in the historic district of Old Town. Gray suggested a bronze sign. A group discussion took place on the gold rush and the actual date. Gray indicated that she would provide the actual date at the next meeting. Kluge pointed out that bronze signs could be quite expensive. After more general discussion La Shot pointed out the last sign grant was very time-consuming and at this time it is probably not a task the City would -,,.,ant to undertake. Gray asked that the gold rush commemorative project be included on the 1998 goals and objectives list. Discussion took place on the Erick Hansen park proposal and the suggestion made by Parks and Rec that a chronological time line sign be included, perhaps the gold rush could be noted there. Gray asked that Historic District Board January 19, 1998 Page 2 Parks and Rec be made aware of the walking sign tour and that the Historic Board would be interested in being a source of information for the chronological signs. Kluge suggested, with the cooperation of the Visitor Center, that an exhibit be available on the history of Old Town showing specific photographs, artifacts, etc. Richard noted the walking tour schematic and signage is going to be very helpful for the visitors. Huhndorf asked if there was any information on the battle of Kenai and exactly where that was. Discussion took place on the actual location and it was decided that more research would be done. Gray requested that completion of the walking tour be included on the goals and objectives list. Gray suggested that Murphy obtain a copy of the Townsite Historic District Survey book. Huhndorf indicated that a copy is available for $45.00 but it does not have the color codes included. Gray explained that some goals and objectives were noted in this survey book which included urging some of the owners to keep their properties from deteriorating further. Huhndorf noted that the properties noted were significant with regard to history. Gray pointed out that in the ordinance one of the ongoing goals and objectives is to educate the residents about the history of Kenai. Something commemorating the gold rush will fall in this category. Gray noted this will remain a working list and it can be added to as necessary. Gray also noted these items would not require any money or a grant. Gray requested the following items be forwarded to staff (Kebschull) to be included on the agenda for the February meeting. Gold Rush Commemoration Hansen Park Historic Signs Visitor Center Old Town Exhibit Complete Walking Tour and Brochure Research Battle of Kenai Historic Library Huhndorf reported that the "Once Upon a Kenai" book is out of print and suggested the Board make some effort to put it back into circulation. Richard reported that several people have asked about the book at the Visitor's Center. Historic District Board January 19, 1998 Page 3 C. Annual Survey of Historic Properties (KMC 14.20.105 (4)) Huhndorf stated the Board is required to review existing properties to see if the historic status had changed. Gray pointed out this was also required by ordinance but the survey of historic properties would be updated to :include any additions or changes. It was determined there were no properties that should be included or changed at this time. Kluge asked what was required of the Board in order to be compatible with the Alaska Heritage Resources Survey. He asked if a document needed to be issued on an annual basis. After discussion it was determined this was the numerical way in which the State identified the properties. The properties were submitted to the State on formatted cards that had an identification number compatible with their system. These identification numbers are used when one wants to identify a particular property at the State Office of History and Archaeology. Kluge suggested these cards be on file here in the event something changed. Gray requested that Kebschull write a letter to the State office of History and Archaeology asking for copies of the properties and their identification numbers. Gray stated information would also be helpful for the library information service discussed in the past. d. February Meeting Date It was noted the date of the February meeting falls on a holiday. The Board elected to change the date to Tuesday, February 17, 1998. Council wiill be asked to make this change. S. OLD BUSINESS a. Preservation Plan — Reports from December meeting assignments. Item 7 —Kebschull; Item 9 — Huhndorf; — Item 10 — Kluge. Huhndorfgave a brief report on the work session meld on December 15, 1997. The following items were discussed: Decreasing the number of Board members. Huhndorf contacted Councilman Moore and Kebschull regarding this issue. Discussion also took place on the number of meetings and it was determined the monthly meetings were sufficient. Nomination Process: Kebschull provided a streamlined list. Historic District Board January 19, 1998 Page 4 Work with Visitor's Center and the role of the tourists. Discussed Boraas' position on the Board. Huhndorf reported a letter was provided to Boraas removing him from the Board. Other items discussed at the work session included the preservation plan, the walking tour and soliciting more anecdotes and stories to be included in the brochure, community calendars, and applying for various grants. Further discussion took place on the nomination process and Huhndorf asked about the rights of owners. He indicated that it wasn't clear if a property could be nominated regardless of the owner's wishes. Huhndorf noted that he was under the impression that it could not be nominated. Kluge clarified that it could be nominated and the property owner has the right to object. Kluge provided a draft for development recommendations (included with these minutes). Kluge read the document. Discussion took place afterwards and Gray commented that she liked the green belt suggestion. Kluge suggested that when the City is developing the piece of property along the bluff, that consideration be given to a master plan for Old Town and where it is going in the future. Kluge commented on the walking tour and the signage and how it can be incorporated into the master plan. He also mentioned the road improvements that are currently taking place and those planned for in the future. Kluge thought street signage with a historic flavor would be nice for the area. Richard made the comment that several visitors ask how they can go down and look over the bluff. Richard indicated it was very difficult to direct anyone to the area due to parking and the areas that are blocked off. Gray suggested when the preservation plan is complete that this Board present it to Council. Each member could take an item and briefly walk members through the plan. Kluge requested that members review his draft list and add or delete as necessary. Discussion took place on beach access and Huhndorf noted there presently is no way to walk down to the beach from Old Town and there is the problem of erosion. Gray pointed out that it is all private property in the area. Historic District Board January 19, 1998 Page 5 Kluge suggested the City consider acquiring land to accommodate a master plan for Old Town. Gray indicated that the Mayor thought about that at one time as many of the parcels in the center were postage size lots that are not suitable to be built on. La Shot reported that a master plan was done for the area at one time and street alignment got complicated. Gray asked if Huhndorf had anything else to add to his item. Huhndorf indicated that he needed to complete the walking tour to include the map, funding, etc. He reported that he received some revisions that need to be incorporated. Kluge suggested when the final draft is complete, perhaps the printer could incorporate some graphics. Gray suggested the development recommendations draft be looked at again at the next meeting and accepted with or without changes. This will be put on the agenda. Gray asked about Item 13 on the preservation plan, "Agenda for future action/projects (S Year Plan/ 10 Year Plan). This item may make the survey an outdated document each year. After a group discussion it was determined that Gray would write a clarification With regard to the duties of the Board. Gray requested that Kebschull provide a rough draft of the preservation plan in order to identify what has been completed to date. The Board will then have a final work session to complete it and make it a working document. Huhndorf referred to Item 9 and thought perhaps more could be done with regard to education and making this Board more visible to the visitors. 9. REPORTS a. City Council Gray brought attention to the memo in the packet regarding the change in Board membership. There was also a memo regarding Mission Street and the decision to not add color to the sidewalks. Gray referenced the letter from the State Department of Natural Resources and complimented Kebschull and Kluge on the work in completing the sign grant. Gray reported that Kluge did all the work at the Rotar,r Club. Gray also reported that the State recognizes the sign Historic District Board January 19, 1998 Page 6 grant as a model project showing a good example of partnerships between a Board and a community service organization. b. Administration Gray brought attention to the Historic Preservation newsletter included in the packet. Huhndorf asked about the "Ten Most Endangered" list and whether or not there was something we wanted to add to the goals and objective list. After discussion it was determined there were no properties at this time that could be considered for the list. Kluge suggested the City participate to encourage development to draw people in. Council would like to see more tax cuts but to get that tax base people need to be encouraged to take advantage of it. Discussion took place on the retail businesses in the area and the fact that Gary King's has closed and the possibility the video store will be next. Kluge pointed out that a lot of historic districts die because retail businesses close. In these cases the city came in and made pedestrian areas, public malls, landscaped areas, etc. which could attract other retail businesses. Huhndorf asked if there was money in the budget to possibly send an individual to the National Trust Conference. La Shot replied there are some budgeted funds for staff. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: Tom Murphy is writing a book on the history of Kenai and his project is in the beginning stages. He has discussed his plans with the City Council and they are receptive to the idea. His basic need at this time is resources and he would like to talk to board members to get some information. `.iurphy stated he has books and government material but what is difficult to find is articles, papers, primary sources, pictures, etc. Suggestions for materials included the Chamber Cabin and their newspaper articles, photos, etc., the Anchorage Museum's library of photographs of Kenai, the Juneau archives, etc. Murphy asked if it would be possible to get on the mailing list so that he could receive a copy of the meeting minutes. He also asked if he could attend some meetings. Gray stated the Board would be happy to help out as much as possible. Gray also stated that she has information from the University of Alaska which has diaries of priests from the area, of which about thirty have been translated into English. Huhndorf stated he has photocopies of the Muster Reports from Ft. Kenai. Gray again stated the Board would be happy to help out as much as possible. Historic District Board January 19, 1998 Page 7 11. BOARD QUESTIONS AND COMMENTS Richard asked what the preservation plan was. Gray explained the preservation plan was a required document of being a certified local government. The City of Kenai applied for the certified local government and as a result, the Board (and City) is eligible for State funds. 12. INFORMATION a. "National Register of Historic Places Publications" b. Letter dated December 18, 1997 to Alan Boraas C. Memo from Clerk Freas regarding change in board make-up dated 12/18/97 d. Historic District Board Roster e. "National Trust for Historic Preservation" information flyer f. The Alaska Association for Historic Preservation membership letter dated 12/9/97 g. Letter from OHA dated 12/3/97 h. "Preservation Advocate News" November 1997 i. Letter to DOT dated 11/20/97 regarding Mission Street Project j. "The Alaska Association for Historic Preservation" 13. ADJOURNMENT MEETING ADJOURNED AT 8:30 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Historic District Board January 19, 1998 Page 8 C' AGENDA KENAI CITY COUNCIL - REGULAR MEETING JANUARY 21, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS Ordinance No. 1770-98 - Establishing an Equipment Replacement Fund. 2. Ordinance No. 1771-98 - Appropriating $1,500,000 in the General Fund to be Transferred to the Equipment Replacement Fund. 3. Resolution No. 98-3 - Transferring $4,000 in the General Fund for Communications Department Overtime. 4. Resolution No. 98-4 - Transferring $5,000 in the General Fund for Legislative Expenditures. 5. Resolution No. 98-5 - Extending the Contract with Brown Agency for Insurance Brokerage Services. 6. *CONTINUED OPERATION OF BIENNIAL LIQUOR LICENSES - Kenai Joe's Pizza Paradisos BPO Elks Lodge #2425 Kitchen Express & Eadies Frontier Liquor Peninsula Oilers Seafood Saloon Don Jose's Restaurant & The Rainbow Bar Oaken Keg Spirit Cantina Peninsula Moose Lodge Shop #58 Kmart Liquor # 1942 me D. COMMISSION/ COMMITTEE REPORTS- 1. Council on Aging 2. Airport Commission 3. Harbor C:;ommission 4. Library Commission S. 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 January 7, 1998. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchases Orders Exceeding $2,500 3. *Ordinance No. 1772-98 - Appropriating a $116.01 Donation From Barry Norwood to the Animal Shelter. 4. Discussion - City of Kenai/Kenai Chamber of Commerce Relocation Brochures. 5. Discussion - Schedule Board of Adjustment Hearing - Appeal of Planning & Zoning Commission Action - Conditional Use Permit/ Lots 6 and 7, Papa Joe's Subdivision/Hugh and Joe Chumley. 6. Approval - Consent to Assignment of and Amendment to Lease and Consent to Security Assignment of Lease - Ronald Yamamoto, Lot 3, Block 1, Gusty Subdivision to Michael J. Lott/ Natasha L. Lott and Darrin/N'ina Marion. -2- 7. Approval - Change Order No. 2/Alaska Regional Fire Training Center - Alcan General/$116,234.15 Decrease. EXECUTIVE SESSION - -None Scheduled. I. ADMINISTRATION REPORTS J. 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 JANUARY 21, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httR://www.Kenai.netLcity ]MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CULL 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 Mavor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Measles, Bannock, Smalley, Williams, Bookey, Swarner and ]Moore. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: SUBSTITUTE ITEM H-7 - Change Order No. 2/Alaska Regional Fire Training Center - Alcan General/$116,234.15 Decrease. MOTION: Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mavor Williams noted there were no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT None. KENAI CITY COUNCIL MEETING MINUTES - JANUARY 21, 1998 PAGE 2 ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1770-98 - Establishing an Equipment Replacement Fund. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1770-98 and Councilwoman Swarner SECONDED the motion. Councilwoman Swarner SECONDED the motion. There were no public comments. Councilman Bookey stated he really appreciated the ordinance and thought it will help the city in the future. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1771-98 - Appropriating $1,500,000 in the General Fund to be Transferred to the Equipment Replacement Fund. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1771-98 and Councilman Measles SECONDED the motion. There were no public or council comments. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Williams: Yes Bookey: Yes Swarner: Yes Moore: Yes MOTION PASSED UNANIMOUSLY. C-3. Resolution No. 98-3 - Transferring $4,000 in the General Fund for Communications Department Overtime. KENAI CITY COUNCIL MEETING MINUTES = JANUARY 21, 1998 PAGE 3 MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-3 and Councilman Measles SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objectio:ns. SO ORDERED. C-4. Resolution No. 98-4 - Transferring $5,000 in the General Fund for Legislative Expenditures. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-4 and Councilman Measles SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objectioazs. SO ORDERED. C-5. Resolution No. 98-5 - Extending the Contract with Brown Agency for Insurance; Brokerage Services. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-5 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES = JANUARY 21, 1998 PAGE 4 C-6. CONTINUED OPERATION OF BIENNIAL LIQUOR LICENSES - Kenai Joe's Pizza Paradisos BPO Elks Lodge #2425 Kitchen Express & Eadies Frontier Liquor Peninsula Oilers Seafood Saloon Don Jose's Restaurant & The Rainbow Bar Oaken Keg Spirit Cantina Peninsula Moose Lodge Shop #58 Kmart Liquor # 1942 Approved by consent agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging - Councilwoman Swarner reported no meeting had been held. Swarner nominated Rosemary Wiese to fill the vacancy on the Council on Aging. There were no objections. D-2. Airport Commission - Councilman Measles reported there was no quorum for the scheduled meeting of January 8. D-3. Harbor Commission - Councilman Bookey reported a meeting was held on January 12, however the minutes of the meeting were not included in the packet. During the meeting there was a discussion regarding dock fuel prices. No changes were made. D-4. Library Commission - Councilman Moore reported the next meeting of the Library Commission would be held February 3. D-5. Parks & Recreation Commission - Councilman Bannock reported the minutes of the January 2 meeting were included in the packet. D-6. Planning & Zoning Commission - Councilman Smalley reported a meeting was held on January 14. During the meeting, the Commission approved three plats; elected Commissioner Glick as Chair and Commissioner Bryson as Vice -chair; an Assignment of Lease (Gusty Subdivision) was approved; and Commissioners Nord and Glick volunteered to attend Kenai River Monitoring meetings. Smalley also noted the Commission denied a conditional use permit which has been appealed. He added, Council will set a Board of Adjustment hearing date later in this meeting. Smalley added, the Commission developed an extensive goals and objections list and discussed extending the notification distance beyond the 300' radius now required by code. KENAI CITY COUNCIL MEETING MINUTES - JANUARY 21, 1998 PAGE 5 A code enforcement concern was voiced in regard to people accessing businesses in front of Cans by driving over the bike path. City Engineer La Shot will be investigating the matter. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee - Swarner reported the minutes of the January 15 meeting were included in the packet. Swarner also reported Susan Hett was elected Chair and Karolee Hansen, Vice -Chair to the Committee. Also, the Committee is in need of someone to fill a vacant seat on the Committee. D-7b. Historic District Board - Councilman Moore reported, he was unable to attend the meeting, but was given the following information: The Board met on Monday, January 19 and had a quorum. One vacancy remains on the Board. During the meeting, the Board discussed grant priorities., goals and objectives, the preservation plan and heard a presentation from Tom Murphy who is writing a book on the history of Kenai. The Board also elected Dorothy Gray and Mike Huhndorf as Chair and Vice Chair. Moore also noted the Board's next regular meeting date falls on President's Day, a city holiday and noted, the Board was requesting the Council to approve moving their meeting from February 16 to Tuesday, February 17. There were no objections from council. Williams noted, he had been contacted by Tom Murphy who requested council consider funding his book -writing effort. Williams suggested Murphy develop an outline of what his writing project was about, his funding sources, etc. and present the information to council during budget hearings. D-7e. Challenger Board - Council Bannock reported the next meeting will be held in February. Councilman Smalley reported the RFP group would be meeting on Monday, January 26. D-7d. Kenai Visitors & Convention Bureau Board - Councilman Bookey reported the last meeting was held on January 14 at which time bag limits were discussed. The Board passed a motion requesting the rules and regulations in this regard, remain as written. Bookey also noted he spoke with Kathy Tarr, the Executive Director of the Center and asked that copies of all their meeting minutes be forwarded to the city for inclusion in council packets. There were no objections to his request. KENAI CITY COUNCIL MEETING MINUTES JANUARY 21, 1998 PAGE 6 D-7e. Alaska Municipal League Report - Councilman Smalley reported he and Mayor Williams will be in Juneau next week to attend AML Board of Directors and Alaska Conference of Mayors meetings. ITEM E• MINUTES E-1. Regular Meeting of January 7, 1998. - Approved by consent agenda. ITEM F: CORRESPONDENCE - None. ITEM G: OLD BUSINESS - None. ITEM H: NEW BUSINESS H-1. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and there were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders exceeding $2,500. There were no objections. SO ORDERED. H-3. Ordinance No. 1772-98 - Appropriating a $116.01 Donation From Barry Norwood to the Animal Shelter. Introduced by consent agenda. H-4. Discussion - City of Kenai/Kenai Chamber of Commerce Relocation Brochure. Laura Measles, Executive Director of the Kenai Chamber of Commerce discussed the draft brochure which was distributed to council. The brochure was developed, Measles noted, as both a stand-alone brochure and companion brochure to KENAI CITY COUNCIL MEETING MINUTES - JANUARY 21, 1998 PAGE 7 incorporate with the Kenai Visitors Center brochure. She noted, KVCC's brochure was more visitor oriented and the Chambers was more demographic in nature and would be included with the relocation packets the Chamber mails out. Measles requested council to review the brochure and pass on any changes or corrections they felt were needed. Smalley noted, the number of councilmembers was incorrect and suggested the city's website and email address be included on the brochure. Measles asked if council had any objections to the format. There were no objections and Measles was told to proceed. Measles thanked the city for their involvement and especially appreciated the time and effort put into the project by Pat Porter and Kelly Kelso. H-5. Discussion - Schedule Board of Adjustment Hearing - Appeal of Planning & Zoning Commission Action - Conditional Use Permit/Lots 6 and 7, Papa Joe's Subdivision/Hugh and Joe Chumley. MOTION: Councilman Bannock MOVED to schedule the appeal of Hugh and Joe Chumley for the first council meeting in February (February 4, 1998). Councilman Smalley SECONDED the motion. Bannock requested, in addition to the normal background information, a history of all residential development on the Spur Highway within the city limits since 1980 and the number of all current residential building permits in that area (along the Spur Highway) in that area. Bannock also requested all the people who gave testimony at the January 14 Planning & Zoning Commission meeting be included in the notification mailing. Moore asked, for clarification, if the lot in question was the one with the "for sale" sign on it and situated across from KCHS. Smalley answered, yes. Williams noted the motion was to hold the Board of Adjustment hearing on February 4, 1998 immediately prior to the council meeting (beginning at 7:00 p.m.) VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES = JANUARY 21, 1998 PAGE 8 H-6. Approval - Consent to Assignment of and Amendment to Lease and Consent to Security Assignment of Lease - Ronald Yamamoto, Lot 3, Block 1, Gusty Subdivision to Michael J. Lott/ Natasha L. Lott and Darrin/Nina Marion. MOTION: Councilman Smalley MOVED for the Consent of Assignment of and Amendment to Lease and Consent to Security Assignment of Lease - Ron Yamamoto, Lot 3, Block 1, Gusty Subdivision to Michael J. Lott/Natasha L. Lott, and Darrin and Nina Marion. Councilman Bookey SECONDED the motion. City Manager Ross noted the memorandum from Kim Howard, which was attached to the copies of assignments and included in the packet. He noted, at the time the memorandum was written, the owner was not current with the lease and water/sewer payments, as well as taxes. At this time, the lease payments and water/sewer payments were current. The taxes will be paid from the proceeds of the sale at the time of the sale. Williams asked if administration had any objections to the assignments. Ross answered, no. Swarner asked when the sale would be completed. Attorney Graves answered, probably in a week. VOTE: There were no objections. SO ORDERED. H-7. Approval - Change Order No. 2/Alaska Regional Fire Training Center - Alcan General/$116,234.15 Decrease. MOTION: Councilman Measles MOVED for approval of Change Order No. 2, Alaska Regional fire Training Center/Alcan General. Councilman Smalley SECONDED the motion. Ross explained, the change order was a net decrease, obtained from the reworking of the audio/visual system by the Fire Department, electrical contractor and architect. He added, he had anticipated a larger decrease. Ross also noted, the difference between the substitute change order and the original was a change made in paragraph 1, entitled Retainage Revision. The "95%" was changed to "90%." KENAI CITY COUNCIL MEETING MINUTES - JANUARY 21, 1998 PAGE 9 Williams requested administration keep a clear view of what is needed in the audio/visual system and the changes that are being made to it. He noted, there have been many advances made in technology and suggested an expert be contacted from out of the area in regard to audio/visual systems. VOTE: There were no objections. SO ORDERED. EXECUTIVE SESSION - None Scheduled. ITEM I: ADMINISTRATION REPORTS Mayor a. Peninsula Winter Games - Mayor Williams noted he had received a request to have an area flooded at KCHS for an iced area in regard to the Peninsula Winter Games. He noted, the Fire Department was working on the request. b. Alaska Municipal League 1999 Conference - Williams reported he will be meeting with Mayor Lancaster (Soldotna) in regard to the AML Conference being held in the Kenai/ Soldotna area in 1999. He asked council if they had any objections to his agreeing the city will co -host the conference with Soldotna. Swarner asked if the conference would be in the same format as it was the last time it was held in this area. Williams answered probably. He added, smaller groups, i.e. association meetings, etc. will meet in various facilities that can hold them (Senior Center, restaurants, perhaps the ARFF facility, KVCC, etc.). There were no objections from council. C. Challenger Board of Governors Meeting - Williams reported he would be attending the Board of Governors meeting on February 4. The Board is planning a reception that will be held at Governor Sheffield's home later in the spring. He will, however, return in time for the council meeting. d. Senior Housing - Williams requested council and administration give some consideration to adding another 20 units to the congregate housing facility. He noted, funding is available tHrough Alaska Housing KENAI CITY COUNCIL MEETING MINUTES = JANUARY 21, 1998 PAGE 10 Finance Corporation and others with substantially reduced interest rates. He also asked administration to break out the cost of what would be anticipated for an additional 20 units and match that against the city's current cash flow and financial situation. Also, blend into it the revenues to be received from the new 20 units to determine whether or not borrowing money to develop another 20 units of housing would be feasible. Williams added, administration would also need to determine whether another 20 units would be warranted. Council had no objections to Williams' request of administration. The information would be brought to council during budget sessions. Ross asked if this would be something for which Williams intended to bond. Williams answered, yes, but it would depend upon the structure of the loan and for what purpose the loan was made. Swarner asked Director Porter how many people were on the waiting list for housing now. Porter explained, there are two different waiting lists. On the total waiting list, she approximated 70. However, of those who could move in immediately, there were probably 11. Porter added, the biggest stumbling block that the housing has is the requirement of a one-year residency. Those awaiting residency are not included on the list until they have satisfied this requirement. Swarner asked, are new funding proposals tied to the income of the individuals wanting housing. Williams answered, it would depend on the type of funding used. H.U.D. money would require a percentage of the units be commensurate with income. AHFC or something comparable, would not have that requirement. Swarner asked the status of the assisted living facility. Williams answered, he did not know, however, since the assisted living facility didn't appear to be on the near horizon, he was releasing himself from the obligation he made to hold off on the senior housing addition. He added, going forward with the addition may prompt reconsideration in regard to the development of the assisted living facility. Director Porter reported, Steven Ashton, a representative from Alaska Housing had visited the Center and toured the congregate housing facility. She continued, Ashton was very impressed and discussed with her monies available for an addition. There were no objections from council. KENAI CITY COUNCIL MEETING MINUTES JANUARY 21, 1998 PAGE 11 I-2. City Manager a. Resident Notification Information Request - Ross reported, a report was developed in regard to a cost history for notifying residents of within 300 feet of applicants for conditional use permits, etc. The report will be included in the next packet. b. Alaska Science and Technology - Ross reported, Alaska Science and Technology's initial review of the city's application for bluff restoration was denied. Their reason for the denial was they do not fund capital projects and because there was no local match. Ross noted, the city has corresponded back to Alaska Science indicating it was not a capital project, that the total project was 5,000 linear feet and the city was asking for a 125 foot test site. Alaska Science was also asked what they believed an appropriate local match would be. C. Airport Personnel - Ross reported, a temporary hire was going to be made to help Acting Airport Manager Holland with parking fees, clerical, etc. d. Board of Fisheries - Ross reported, administration was continuing their work with the Borough on the waste management problems and are working on alternatives of the litter issues. He added, the parking grant application cannot be submitted until after February. Ross added, during the Board of Fisheries meeting, the city can only testify on the agenda change request (changing the boundary to above the no -name creek). He added, he felt it would be appropriate to advise the Board of the city's concerns about the litter, waste, etc. and that those issues are being investigated between the city and Fish and Game. Also, depending on the results of those efforts, the city may come back to the Board again to discuss those concerns in the future. Ross noted, to take a hard stand (regarding the litter, waste, etc.) with the Board may not be appropriate. He believes the Board will limit the city's testimony to only the agenda change request. Further discussion of the city's concerns could be discussed during an open meeting in the future. Williams reported, he received back nine enlargements of pictures taken during the last dipnet season to make into posters. He will be matting them and will bring them back to council to review and decide what they want to do with them. Ross noted, council did not have another meeting before the February 2 Board of Fisheries meeting. It was noted, at least one or two days are taken by the Board to hear reports before they take testimony. Williams noted, the meeting location was changed and now KENAI CITY COUNCIL MEETING MINUTES = JANUARY 21, 1998 PAGE 12 will be held in Anchorage and discussions regarding the entire Cook Inlet fishery will be next year. Ross stated he would contact Dave Nelson at Fish 8s Game to find out when testimonv would be taken. I-3. Attorney - No report. I-4. City Clerk - Freas asked if council had anticipated using Legislative funds to cover costs for cake, punch, etc. for the Animal Shelter open house. Council agreed legislative funds should be used. Freas also reported, a tentative date for the open house was March 7 between 11:00 a.m. and 2.00 p.m. Council had no objections. Freas asked if council wanted to cover the costs of a newspaper advertisement in regard to the open house. Discussion followed and Councilwoman Swarner suggested no advertisement would be needed if public service announcements were made. Williams requested David Lucas, Peninsula Clarion to prepare an informative newspaper article to be run prior to the open house. Williams suggested the old shelter be burned after the new shelter was opened. Ross stated, he would want time to evaluate the structure. He noted, a portion of the building warranted destruction, however, a portion of it may be useable. I-5. Finance Director - No report. I-6. Public Works Director a. Wellhouse No. 3 Open House - Kornelis reminded council they had previously discussed holding an open house at Wellhouse No. 3 at the same time as the shelter open house. He asked if they were still wanting to do that. It was decided the Wellhouse opening would be held at 3:00 p.m. b. Forest Drive Hearing - Kornelis reported, the Department of Transportation had changed the date of the hearing to February 17 at 7:00 p.m. Moore noted, council had moved the Historic District Board meeting to that evening. It was decided the Board meeting could be held upstairs in City Hall. Kornelis reported, DOT wanted the public to review their updated plans for the street improvement. He added, DOT had taken suggestions and concerns voiced at the previous hearing and incorporated them into the design. The cost of the project had been raised to $5.5 million. Moore KENAI CITY COUNCIL MEETING MINUTES JANUARY 21, 1998 PAGE 13 asked if the design was changed to include turn lanes, etc. in front of the elementary school. Kornelis answered, he did not believe it had. I-7. Airport Manager - Acting Airport Manager Holland referred to the enplanement report included in the packet. He noted, Yute Air would be increasing their flights in May. Also, 1997 enplanements had increased over 1996 figures. Williams reported, he would be including the year- end enplanement report with information he will be taking to Juneau to discuss with legislators. ITEM J: J-1. Citizens - None. J-2. Council Bookey - Reported he would be out of state from January 22 to February 3. Bookey also requested administration contact DOT in regard to the pot holes along the Spur Highway in the city as he was very concerned about the road's deterioration. Swarner - Reported she would be out of town from January 29 to February 3. Moore - Requested calendars for the chambers. Freas reported, they were on back order. Measles - No comments. Bannock - No comments. Smalley - Reported the street light along Lawton in front of the shop building works only sometimes. He requested administration contact the School District or the Borough and request a flashing light be placed there as well. He noted, the area is very dangerous for the students when they are crossing the street (hourly), especially in the winter when berms of snow impede visibility for both the students and drivers. Williams - Reported Commissioner Sedwick (Commerce & Economic Development) would be visiting the Kenai/Soldotna area on Friday. Sedwick was scheduled to meet with Williams and Ross at approximately 8:30 a.m. at City Hall. He invited council to attend. He added, there would be a no -host lunch at the King's Inn. KENAI CITY COUNCIL MEETING MINUTES JANUARY 21, 1998 PAGE 14 ITEM K• ADJOURNMENT The meeting adjourned at approximately 8:20 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAI CITY COUNCIL WORK SESSION JANUARY 19, 1998 6:30 P.M. KENAI CITY COUNCIL CHAMBERS Council Present: Bookey, Bannock, Smalley, Williams, Swarner, Moore and Measles. Staff Present: Freas, Graves, DeForest, Kornelis, Porter, La Shot, Springer, Elson, Ross and Semmens. Others Present: David Lucas (Peninsula Clarion), Bill Popp and Ginger Steffy (Challenger). BUDGET PROJECTION UPDATE: Finance Director Semmens reviewed the information included in the packet as well as mid -year financial update regarding the City's budget projections. He noted, the assessed values are less than what was projected. With sales tax, he had not made any adjustments as yet because only one quarter for this fiscal year had been reported. He noted, the first quarter amount was up slightly and the projected for the year was not much over last year's total. State revenues (primarily grant revenues, electric & telephone taxes, gaming revenue) were reviewed and Semmens noted the amounts were slightly less than what had been budgeted. Fish tax, he believed, would come in higher, as he was told to expect a 30% (approximate) increase over the previous year. He added, he was projecting slightly less total revenues than originally budgeted. Semmens then reviewed expenditures over the last several years. He stated, he was projecting approximately 93% of the 97/98 budget would be spent which will result in a projected deficit of $132,125. There will also be encumbrances of $225,000 which will roll over and increase next year's budget like in past years' budgets. Semmens added, the budgeted year started with $11,075,974 (ahead of what was projected in last year's budget document). If the Equipment Replacement Fund is funded as it is proposed and in subtracting out encumbrances and other reserved/designated amounts, an approximate unreserved undesignated balance of $6,980,539 will result. He noted, the projections made in the budget were basically holding steady and the budget would not all be spent. EQUIPMENT RESERVE FUND: A copy of the Equipment Reserve Fund ordinances were included in the packet of information (they were introduced at the 1/7/98 council meeting). Semmens explained, to fund the Equipment Fund, there will be a decline in interest earnings KENAI CITY COUNCIL WORK SESSION JANUARY 19, 1998 PAGE 2 (about $70-$90,000/year), but the funds will be placed in the Equipment Replacement Fund which will provide financing for the equipment. The General Fund will not have to make annual contributions of a significant size to the Equipment Replacement Fund. Semmens added, money won't be saved, but the Equipment Replacement Fund will level out the General Fund expenditures. Semmens reviewed the cash flow for the Fund. He noted, in the first year, $1.5 million will be shown coming into the Fund and expenditures will be made of $335,000 for purchase replacements of the Seagraves engine and Elgin sweeper. The General Fund will immediately begin making payments to the Equipment Fund which will be calculated by taking the cost of the equipment and dividing it by the equipment life. Semmens added, he had also included a salvage value at 5%. Semmens reviewed the purchase list with council. He noted, basically the money in this Fund would be invested along with the rest of the city's portfolio and then, interest earnings will be allocated back to the Fund. Semmens noted the equipment purchase list would be reviewed and adjusted each year. It was also noted, equipment to be purchased from the Fund would cost $50,000 or more. Pick-up trucks, police cars, etc. will come out of the General Fund as there won't be a spiking effect because such equipment is purchased annually. Ross explained the Elgin sweeper will be brought over from the Airport and placed in the General Fund. He added, the sweeper was not good for the airport and by bringing it to the General Fund, it can be used on the streets and will in turn, extend the life of the other sweeper. The Airport will purchase a blower in the future. Semmens noted, the purchase and cash flow schedules will be incorporated into the budget document each year. He also explained, the ordinance states the Fund won't be required to have an annual budget, but cash outlay for equipment purchases shall be approved by a yearly resolution. Ross noted, an advantage of the Fund will allow equipment to be purchased outside of the budget year if needed. Williams added, it will also allow for piggybacking purchases with the State. Bookey stated he was pleased to have the Fund being established as it was something council had wanted to do for some time. BUILDING MAINTENANCE SCHEDULE: Ross explained, the schedule will appear in the back of the budget and will change from year to year. They are projecting $230,000 will be needed for scheduled building maintenance for 98/99, but felt the costs would not go that high. Ross added, by keeping this type of document in the budget, council will be able to see what KENAI CITY COUNCIL WORK SESSION JANUARY 19, 1998 PAGE 3 infrastructure needs are being held and what is being recommended for funding. Swarner, noting in the schedule the repainting of exteriors at every three years, asked if there could be some improvement made to lessen the amount of times the painting is needing to be done. Williams noted he was pleased with this long-range plan for maintenance, and added, administration should proceed with implementing this maintenance plan. There were no objections from council. CHALLENGER SITE• Ross explained, until the $2.5 million grant language was received Administration was unable to put together an RFP because it was unknown if a management agreement would be required, whether the funds would be required to be passed through the city, or a lease/management approach would be required. At this time, the city and Challenger were still working under the Memorandum of Agreement. He added, administration was working toward a target of putting together either a lease arrangement or a management agreement. Ross continued, it was necessary for council to determine a site for Challenger for inclusion in the RFP as well. At this time, several locations had been discussed: along Marathon Road, Dust Bowl, a portion of the Rogers Road green strip, or KCHS property. Ross stated, Mayor Navarre has been working on transfer of Mental Health land at KCHS; the Rogers Road property would have to be purchased from Airport Lands as well as the Dust Bowl property; along Marathon Road is city land and would not have to be purchased. Council agreed two sites to be included in the RFP would be a portion of the Rogers Road green strip and the Mental Health Land at KCHS (by the proposed ice facility). Council's general agreement was first choice was the KCHS property as parking area would already be available and adequate room would be available for parking buses, as well as the connection between the school would be an advantage. Second choice was a portion of the Rogers Road green strip. Discussion followed in regard to "overnighting" of students at the Challenger facility. Measles noted, he felt the overnighting would take away business from the local hotel/motel operators. Ginger Steffy explained, most overnighting would be done by local groups and would not be a daily occurrence. Bill Popp added, he would want council to consider enough acreage for future expansion. KENAI CITY COUNCIL WORK SESSION - JANUARY 19, 1998 PAGE 4 BOR LAND: Ross explained, Mayor Navarre felt fairly comfortable in obtaining the Mental Health Land by KCHS. Ross added, he was more and more convinced the BOR land solution would have to come congressionally. He believes the simplest way to make the exchange would be to substitute the legal descriptions of the properties (golf course and KCHS properties) in the agreement with BOR. He will be calling Seattle next week as to the progress of the proposal. He added, he expected to be coming to council (in March or April) requesting to send a letter to the congressional delegation for a resolution of the matter. PUBLIC HEALTH FACILITY• Ross explained, Mayor Navarre is investigating a proposal to build a new Public Health facility in Kenai as an extension of the hospital. Ross asked council for site suggestions for such a facility, noting the feasibility study suggested property in Etolin Subdivision (Barnacle Way). Ross added, this property was Airport Land and would have to be purchased and the last appraised price was $135,000. It was decided the Etolin Subdivision property would be better than across from the Police Department (that lot would be much more valuable if developed privately). JUVENILE DETENTION FACILITY: Ross reported, through the city's representative on the committee, placement of the facility on Wildwood property will be suggested as meal access, laundry, transportation, etc. would be accessible from there. If that is not acceptable to the committee, Ross will come back to council to consider the end of Willow Street as a potential site or property by the Care Center if there is enough property and if it is deemed appropriate for the facility. AIRPORT MANAGER POSITION/PUBLIC WORKS RESTRUCTURING: Ross reported he had the employee classification committee review the job description and salary range of the Airport Manager position. A recommendation for reclassification will be brought to council in the budget document. Ross noted, in last year's budget discussions he reported he had begun a restructuring of the Public Works Department and he will be requesting council to formalize that restructuring proposal in the near future. KENAI CITY COUNCIL WORK SESSION JANUARY 19, 1998 PAGE 5 Bannock asked if the pay scale and job description for the Airport Manager would be modified. Ross answered, the pay scale would be increased. The job description will be modified to include overseeing of the general operations of the airport and the marketing of the airport. The job description of the Operations Specialist will be like an assistant manager whose responsibilities will be taking care of the day-to-day operations of the airport. Ross added, the advertisement for the Airport Manager stated these responsibilities, but the job description had not been updated. Now the job description will be what was included in the advertisement and the salary will be increased. SALARY STEP INCREASE SCHEDULE: Williams stated, he became aware again at the holiday party, there are a number of employees who have longevity with the city, but no longer receive step increases. He suggested council have administration investigate the extension of the incremental increases another five years. Ross explained, when the ordinance was first written (mid 1970's), the step increases were set out to 101/2 years. He suggested, what are now yearly increases (steps B, C & D) be set to every two years and the AA, BB, CC set to every three years. Administration is reviewing the matter. Williams also suggested the COLA increases be investigated, i.e. whether the City of Kenai is keeping up with the norm. CHALLENGER REPORT: Bill Popp, Challenger Administrator, reported the Board of Directors met in Homer on January 10 and 11 to work out a building design. They have completed a document, which was approved by the Board of Director. A copy of which was forwarded to Ross and City Engineer, Jack La Shot to incorporate into the RFP. Popp also reported Kathy Scott and Bob Sizemore were placed on the Board of Directors. Mike Tarr is now the Vice President and President -Elect for next year. Ginger Steffy is President and Duane Bannock is now the treasurer. Popp continued, the Board decided to engage teachers from local schools to help in development of the educational content for the project. Also, an announcement of a substantial grant will be made during the Chamber meeting on Wednesday. He added, there were several other corporate -donor grants under discussion as well. Swarner referred back to the earlier discussion in regard to overnight stays at the facility and noted, this was the first time she had heard overnight stays would take KENAI CITY COUNCIL WORK SESSION _ JANUARY 19, 1998 PAGE 6 place. She added, to sell the community on the project, statements were made as to bringing business into the city. She asked if this was always in the plan. Williams explained, in this case, the students would be staying up late, planning projects and watching movies in regard to the Challenger program. It was noted, many student extra -curricular outings include sleeping on gym floors and that would be much like this would be. Popp noted, the overnighters would be only one component. There would be other business seminar programs, etc. that would be overnighting in local hotel/motel establishments. Also being developed is a science center tour of the Peninsula, which will include the Volcano Observatory, Pratt Museum, Challenger, Sealife Center, etc. Swarner asked the percentage of people who will be spending the night at the facility compared to other users of the facility. Popp answered, maybe one night a week and maybe more at the end of the school year. He added, business group users would be year -around. Those staying at the facility would be school -aged children. Based on other Challenger Centers, overnights are twice a month. Popp added, the Challenger Board of Directors recognizes their responsibility to the community. Bookey asked why the Board met in Homer instead of Kenai. Popp answered, they wanted to meet out of town. Williams added, they were making in -roads to Homer people for garnering contributions for the facility. Bookey stated, the Board should have met in Kenai to benefit the community. He added, he felt Challenger was out of line to go to Homer for their meeting and noted, one more time and they would lose his support of the project. Bannock added, when they chose to go to Homer, they were choosing a "spot." They may travel to Fairbanks to do the same thing. LEGISLATIVE PRIORITIES: Ross noted, council had set the legislative priorities as Wellhouse No. 4(#1), Roads (#2) and the Maintenance Shop (#3). He asked if council wanted to amend the list because he didn't want to be recognizing those projects as the main projects if there were others council preferred to emphasize. Williams stated, he doubted there would be any money awarded for the STP or roads due to the amount of the request. However, there may be $250,000 in funds available for the maintenance shop. He added, he plans to discuss the projects with Commissioner Perkins who may be willing to emphasize the need for the shop funds. Williams continued, he didn't expect any one of the legislators to be amenable to large public grants. If money comes at all, it will have to come from another department. KENAI CITY COUNCIL WORK SESSION JANUARY 19, 1998 PAGE 7 Ross added, Senator Ward had mentioned support of the maintenance shop. Also, the projects outlined in the council's resolution will be the ones he represents to legislators, unless council makes a change. Williams stated, he believed the list should stay the same. AML ALERT: Ross noted a fax had been received from AML stating their belief the Department of Community & Regional Affairs had been targeted for elimination and their responsibilities to be absorbed by other departments. It was noted by Semmens, the city is involved with DCRA in regard to revenue sharing, etc. ADJOURNMENT: The work session ended at approximately 8:20 p.m. Notes transcribed and submitted by: Carol L. Freas, City Clerk d LL r z n O Q H z W W G z O ,a UI N W 0 Iz Q� r 0 0 > L IT Ln 0 rnLO o 600 rn 0O00 CD cLL O M V), wil 60 fi) W H } }} F— J JCL J J m ma m m Q Q Q Q D J J U) J J O O 00 O 0 W Z O 0 Z J W F- IL o U } ti W Q v U F- vv W Z UU U Z Q) W — 0 0 0 —a ) Z U Z 0 Z Z U) a w w W Ui W ° CL Z 2 W W w Q - U w LL Q _J O Q U Z z 0 H z W 211 N C W Z >LL Z S ii O a z p w w J U z O U H a w 0 z O IL w U N w G It O a z w O O CO N CO N w U J O a Q U J O Q.' F- Q a w U J CL co rn O LL z O 0 z_ 2 H O Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1773-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LAND, CONSISTING OF 4,710 SQUARE FEET SITUATED WITHIN AND ALONG THE EASTERLY BOUNDARY OF EXISTING TRACT 5-B, HORSESHOE END AT RIVER BEND SUBDIVISION, MORE COMMONLY KNOWN AS CUNNINGHAM PARK, IS NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai has title to the property identified as 4,710 square feet situated within and along the easterly boundary of existing Tract 5-13, Horseshoe End at River Bend Subdivision, more commonly known as Cunningham Park; and WHEREAS, the City has received a request by the adjacent property owner asking that the referenced property be made available for sale; and WHEREAS, KMC 22.05.075 allows for the sale of City property at its appraised value to the owner of the adjacent property, by resolution of Council and under certain circumstances; and WHEREAS, KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City -Owned Land, consisting of 4,710 Square Feet situated within and along the easterly boundary of existing Tract 5-13, Horseshoe End at River Bend Subdivision, more commonly known as Cunningham Park, is not required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of February, 1998. JOHN J. WILLIAMS, MAYOR Page 1 of 2 ATTEST: Carol L. Freas, City Clerk (1 / 27/98)kh Introduced: February 4, 1998 Adopted: February 18, 1998 Effective: March 18, 1998 Page 2 of 2 Kenai Community Library 4,6- 1. BORROWERS' CARDS - a. All transactions will require the presence of a valid library identification card which will be issued to a resident filing an application, and accepting responsibility for the usage thereof. No card will be issued to a minor under eighteen years of age unless the application, and acceptance of responsibility, is signed by the minor and also by a parent, or person standing in place of the parent, willing to assume the responsibility for the minor for misuse or abuse of the privileges of library usage. b. Upon application for a card the borrower will be permitted to check out one book. After the card is received through the mail the borrower may check out as many as four books each library visit if all materials previously loaned have been returned and no fines, charges, or penalties are noted on library records. c. Where privileges have been suspended on a card of a member of a family group, privileges on all cards in the family group may be suspended by giving prior written notice of suspension to a parent figure at the address on the library record, and will remain so until the overdue materials have been returned, or the fines, charges, or penalties on the suspended records have been paid in full. 2. FINES a. Ten cents ($.10) per day on fourteen -day books. b. Twenty five cents ($.25) per day on seven day books and/or other library materials such as maps, periodicals, or AV material. C. Five Dollars ($5.00) per day on non -book materials such as videos, cassette players, screens or projectors. 3. SERVICE CHARGES a. Ten Dollars ($10.00) handling charge for books or other materials that are lost or damaged beyond repair. This in addition to full replacement costs. Costs for out -of -print books are as follows: $45.00 for Alaskana. $35.00 for non-fiction books. $25.00 for fiction or children's books. b. Five Dollars ($5.00) handling charge for damaged books that may be rebound, in addition to rebind charges. C. Two Dollars ($2.00) for each mailed notice or telephone call that is necessary to effect return of overdue books and/or other library materials, or settlement of other charges. 4. REPLACEMENT CHARGES a. $1.00 for each pocket b. $2.00 for lost library ID c. $5.00 for audio cassette replacement. d. $3.00 for record sleeves, hang-up bags, AV or cassette containers. 5. DAMAGES a. $2.00 per page for torn or defaced pages or covers. (Pages or covers containing scribbling, writing, or pages that have been mended with scotch tape or like material are considered defaced.) b. If library materials are damaged to the extent that any part of it is illegible, charges under 3a above will be applicable. [6. LIMITED CIRCULATION BOORS DESIGNATED "LIMITED CIRCULATION" ARE TO BE LOANED ONLY TO BORROWERS WITH RESPONSIBLE LIBRARY USAGE FOR THE IM MIATE PAST SIR MONTHS. A $5.00 CHARGE WILL BE IDdPOsED IF ANY SUCH BOOR Is DEPOSITED THROUGH THE BOOR DROP.] 6. BOOK DROP USAGE Books marked with a sticker indicating "RETURN INSIDE..DO NOT USE BOOK RETURN" will be assessed a $5.00 charge if returned through the outside book drop. RENEWALS Books and/or other library materials may be renewed once either in person or by telephone if not reserved. El 0-GH2O39.A HOUSE BILL NO. 327 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTIETH LEGISLATURE - SECOND SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 1/16198 Referred: Finance A BILL FOR AN ACT ENTITLED 1 "An Act making and amending capital appropriations and reappropriations and 2 capitalizing funds; and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. ALASKA CLEAN WATER FUND. The sum of S 14,158,100 is appropriated 5 to the Alaska clean water fund (AS 46.03.032) for the Alaska clean water loan program from 6 the following sources: 7 General fund match $ 2,359,700 8 Federal receipts 11,798,400 9 * Sec. 2. ALASKA DRINKING WATER FUND. The sum of $8,808,400 is appropriated 10 to the Alaska drinking water fund (AS 46.03.036) for the Alaska drinking water loan program 11 from the following sources: 12 General fund match $1,468,100 13 Federal receipts 7,340,300 14 * Sec. 3. ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY. The HB0327a -1- HB 327 New Text Underlined [DELETED TEXT BRAC -?TED] I sum of $16,000,000 that was declared available by the Alaska Industrial Develc :) me nt and 2 Export Authority Board of Directors for appropriation as the fiscal year 1999 dividen3 from 3 the unrestricted balance in the Alaska Industrial Development and Export Authority revolving 4 fund (AS 44.88.060), is appropriated for economic development projects in sec. 10 of this Act. 5 * Sec. 4. CAPITAL PROJECT MATCHING GRANT PROGRAMS. (a) The sum of 6 $13,150,000 is appropriated from the general fund to the municipal capital project matching 7 grant fund (AS 37.06.010(b)) in the Department of Administration to provide grants to 8 municipalities under the municipal capital project matching grant program. 9 (b) The sum of $1,850,000 is appropriated from the general fund to the unincorporated 10 community capital project matching grant fund (AS 37.06.020(b)) in the Department of 11 Community and Regional Affairs to provide grants to unincorporated communities under the 12 unincorporated community capital project matching grant program. ` 13 (c) An amount equal to the interest earned on money in the individual grant accounts 14 in the municipal capital project matching grant fund (AS 37.06.010(b)) and the unincorporated 15 community capital project matching grant fund (AS 37.06.020(b)) is appropriated from the 16 general fund to the respective funds. The interest is calculated using the average percentage 17 interest rate received by other accounts in the state's general investment fund that received 18 interest during fiscal year 1998. The appropriations made by this subsection are allocated 19 prorata to each individual grant account based on the balance of the account on the close of 20 business on June 30, 1998. 21 * Sec. 5. FEDERAL OR OTHER PROGRAM RECEIPTS. Federal or other program 22 receipts that exceed the amount appropriated by this Act are appropriated conditioned upon 23 compliance with the program review provisions of AS 37.07.080(h). 24 * Sec. 6. RURAL ELECTRIFICATION REVOLVING LOAN FUND. Notwithstanding 25 AS 42.45.020(g), the balance of the rural electrification revolving loan fund (AS 42.45.020) 26 on June 30, 1998, is appropriated to the Department of Community and Regional Affairs for 27 the electrical emergencies program. 28 * Sec. 7. DEPARTMENT OF PUBLIC SAFETY REAPPROPRIATION. The unexpended 29 and unobligated balance as of June 30, 1998, of the appropriation made from the general fund 30 in sec. 82, ch. 100, SLA 1997, page 55, line 10 (Fingerprint System Replacement - 31 $1,400,000) is reappropriated to the Department of Public Safety for statewide academy HB 327 -2- HB0327a New Text Underlined [DELETED TEXT BRACKETED] 0-GH2039.A 1 expansion. 2 * Sec. 8. LAPSE PROVISIONS. (a) The appropriations made by secs. 1, 2, and 4 of this 3 Act are for capitalization of funds and do not lapse under AS 37.25.010. 4 (b) The appropriations made by secs. 6, 7, and 10 of this Act are for capital projects 5 and lapse under AS 37.25.020. 6 * Sec. 9. This Act takes effect July 1, 1998. 7 (SECTION 10 OF THIS ACT BEGINS ON PAGE 4) HB0327a -3- HE 327 Ne4 Text _ _ __^ect (DELETED TEXT BRACi_`EDJ C: U O E ro � a 0 w a m U) o 0 C 0 0 o to o � N O ro U-) Ln U r+ 0 0 -4 r; 1-4 Rt N O O O O O %D frf aD %0 v 0 0 O O O m � O �o Ln CD r 0 O 0 0 0 0 0 0 0 0 0 Ln 0 0 o 0 0 o 0 0 LO 0 0 0 0 0 o 0 0 O 0 0 0 c 11; W co O m tG Ln .1 O v -4 O o 14 N Ln O r O v .. to co O 0 m 1 n W C •4 u a) r-i a Q u coa) O W { (D a3i D m a 3 a a x c c Y m Q) U) ro a E a) .+ >, (J) w 3 U) c °-j m „ c O a, c o a) -- co m W ,[ U 0 .0 P A 3 o u m O m 3 m to (A m m_ ri r-4 - as a+ w ... r r, b L °v y U a) r-� O w a. .4 ro Q O w O m c - Q -- ,. 0% 0% O pa $4 at O M 0, 0 y N c y -4 ro 0. ,� a Cn C C .� a. c + C. y c a) E w w a) J-) 0) -W rn m 3 m > 4 .-. o W C cr -4 v) a) o m Cn C .a C C c w 3 U) D c m m 3: m m r N m C O M: x -0 n W c Cr •� to a) n m C O+ . i p "�7 CT C C c ro .-4 a, c O C a) 4-J w w 3 (D (n x Y -- m (n -- O+ c (a .-4 a. 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O w L w m a) O L C m -.-4 u 7 M •-4 ri U U c Q) � •.+ E Q) Q) w l --4 C 4-d C C C C L U > m .-, � �) W m = w U v, C w m .i to U 7 O m n. tL .p Y � t a U U 41fI a) U m ro ro m U) w c a > fa a) -4 = �-. w U U m m > O > O m C m �--� n. 1 -+I •+ •n O -4 r •-4 L -4 L O -4L = Q m m i_) ••4 U O Y L p, Y m Y m N C Y •-i C Q) c a) C (D Y L Y L Y ++ m V) C) a m l c m u a U i U 4� U �j W -- U 4..1 S m C m 7+ = ro > S m C � a -4 a • 4 '0 O U r+ � c cm m m m m a� Q) v w a) .+ �+ —+ O O O O 0-GH2O39.A HOUSE BILL NO.327 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTIETH LEGISLATURE - SECOND SESSION BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR Introduced: 111&98 Referred: Finance A BILL FOR AN ACT ENTITLED 1 "An Act making and amending capital appropriations and reappropriations and 2 capitalizing funds; and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 5 6 7 8 9 10 11 12 13 14 * Section 1. ALASKA CLEAN WATER FUND. The sum of S 14,158,100 is appropriated to the Alaska clean water fund (AS 46.03.032) for the Alaska clean water loan program from the following sources: General fund match $ 2,359,700 Federal receipts 11,798,400 * Sec. 2. ALASKA DRINKING WATER FUND. The sum of $8,808,400 is appropriated to the Alaska drinking water fund (AS 46.03.036) for the Alaska drinking water loan program from the following sources: General fund match $1,468,100 Federal receipts 7,340,300 * Sec. 3. ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY. The HB0327a -I- HB 327 mew Text Underlined [DELETED TEXT ERAC =TED] 1 sum of S 16,000,000 that was declared available by the Alaska Industrial Development and 2 Export Authority Board of Directors for appropriation as the fiscal year 1999 dividend from 3 the unrestricted balance in the Alaska Industrial Development and Export Authority revolving 4 fund (AS 44.88.060), is appropriated for economic development projects in sec. 10 of this Act. 5 * Sec. 4. CAPITAL PROJECT MATCHING GRANT PROGRAMS. (a) The sum of 6 $13,150,000 is appropriated from the general fund to the municipal capital project matching 7 grant fund (AS 37.06.010(b)) in the Department of Administration to provide grants to 8 municipalities under the municipal capital project matching grant program. 9 (b) The sum of $1,850,000 is appropriated from the general fund to the unincorporated 10 community capital project matching grant fund (AS 37.06.020(b)) in the Department of 11 Community and Regional Affairs to provide grants to unincorporated communities under the 12 unincorporated community capital project matching grant program. 13 (c) An amount equal to the interest earned on money in the individual grant accounts 14 in the municipal capital project matching grant fund (AS 37.06.010(b)) and the unincorporated 15 community capital project matching grant fund (AS 37.06.020(b)) is appropriated from the 16 general fund to the respective funds. The interest is calculated using the average percentage 17 interest rate received by other accounts in the state's general investment fund that received 18 interest during fiscal year 1998. The appropriations made by this subsection are allocated 19 prorata to each individual grant account based on the balance of the account on the close of 20 business on June 30, 1998. 21 * Sec. 5. FEDERAL OR OTHER PROGRAM RECEIPTS. Federal or other program 22 receipts that exceed the amount appropriated by this Act are appropriated conditioned upon 23 compliance with the program review provisions of AS 37.07.080(h). 24 * Sec. 6. RURAL ELECTRIFICATION REVOLVING LOAN FUND. Notwithstanding 25 AS 42.45.020(g), the balance of the rural electrification revolving loan fund (AS 42.45.020) 26 on June 30, 1998, is appropriated to the Department of Community and Regional Affairs for 27 the electrical emergencies program. 28 * Sec. 7. DEPARTMENT OF PUBLIC SAFETY REAPPROPRIATION. The unexpended 29 and unobli2ated balance as of June 30, 1998, of the appropriation made from the general fund 30 in sec. 82. ch. 100, SLA 1997, page 55. line 10 (Fingerprint System Replacement - 31 S1,400,000) is reappropriated to the Department of Public Safety for statewide academy HB 327 -2- HB0327a New Text underi_ned 'LELETED TEXT BRACT: =] 0-GH2039.A 1 expansion. 2 * Sec. 8. LAPSE PROVISIONS. (a) The appropriations made by secs. 1, 2, and 4 of this 3 Act are for capitalization of funds and do not lapse under AS 37.25.010. 4 (b) The appropriations made by secs. 6, 7, and 10 of this Act are for capital projects 5 and lapse under AS 37.25.020. 6 * Sec. 9. 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Z- / Kenai Alternative High School Kenai Peninsula Borough School District Dennis Dunn, Principal/Teacher 11247 Frontage Road Kenai, Alaska 99611 (907) 283-7844 (907) 283-6463 FAX January 29, 1998 City of Kenai Attn: John Williams, Mayor 210 Fidalgo Kenai, Alaska 99611 RECE VI ED JAN 2 9 1998 Dear Mayor Williams: We are half way through the '98 school year. Kenai Alternative High School has undergone some very positive changes. Included in our alternative high school is the Young Parent Program. The Kenai Peninsula Borough School District is trying to address the needs of all At -Risk students. Graduation is scheduled for Friday, May 15, 1998 at 7:00 p.m. It will be held in our gymnasium. As is customary, we will be hosting a reception after the graduation ceremony. It gives friends, family and the community and opportunity to acknowledge the accomplishments these students have made. We are a small school and depend on the community for support. This year, we will have eight (8) to twelve (12) graduates. We are hoping that your organization will be able to make a donation to our graduation fund. Thank you in advance for your continued support of our program! Sincerely, Phyllis Ann Halstead, Secretary/Teacher Assist CITY OF KENN Gil eapikd 4 4""Irl 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1�III� 1"2 Memorandum Date: January 29, 1998 To: Kenai Airport Commission From: Keith Holland, Acting Airport Manager -a-fte-A RE: Rental of Counter Space at Kenai Airport to Dan Van Zee Dan Van Zee d/b/a Hertz Car Rental has expressed an interest in leasing additional counter space at the Kenai Airport Terminal. Mr. Van Zee wishes to lease Space No. 16 which is adjacent to his existing leased space. If approved, the new space would be leased as a separate and individual space. The new lease would include floor space and the use of 15 automobile parking spaces in the rental lot. He will also be required to report and comply with the 10% of gross revenues clause for revenues generated from this space. He would be allowed to physically modify the spaces at the approval of the Airport Manager. The Airport reserves the right to store items removed in any modifications. The City Administration recommends leasing the space to Mr. Van Zee until June 30, 1999 - the date all of the car rental spaces expire. Entering into this lease will in no way alter or limit the ability of the City Council to determine who shall obtain future leases and the determining method. Nor does this give Mr. Van Zee any priority right to lease these spaces in 1999. Does the Airport Commission wish to recommend a lease for counter space in the Kenai Airport Terminal to Dan Van Zee? Your recommendation will be forwarded to the City Council for discussion at the February 18f meeting. Cc: Dan Van Zee, d/b/a Hertz Car Rental KENAI CITY COUNCIL MEETING FEBRUARY 4, 1998 INFORMATION ITEMS 1. 1/21/98 Kenai City Council Meeting "To Do" List. 2. Summary of 1997 Building Permit Activity. 3. 1/29/98 RAR memorandum regarding Public Hearing Notices - P&Z. 4. DRAFT - Kenai Municipal Airport Terminal Gift Shop Lease Agreement. 5. DOT Notice of Neighborhood Workshop - Forest Drive and Redoubt Avenue Rehabilitation Project. 6. Project Proposal - Kenai River Mouth South Side Access and Parking. 7. 1/7/98 NatchiQ, Inc. thank -you letter. 8. Kenaitze Indian Tribe Resolution No. 98-01 opposing the termination of funding supporting school nurses in the Kenai Peninsula Borough School District. KENAI CITY COUNCIL MEETING JANUARY 21, 1998 "TO DO" LIST MK - Change H DB meeting from 2 / 16 / to 2 / 17. Note the meeting will be held upstairs as DOT will be using the council chambers for a public hearing on the Forest Drive upgrade project. JL/MK - Prepare the following information for inclusion in the 2/4/98 Board of Adjustment hearing packets: A history of all residential development on the Spur Highway within the city limits since 1980 and the number of all current residential building permits in that area (along the Spur Highway) in that area. CLF - Call Kathy Tarr, informing her when their Board of Directors meeting minutes need to be submitted for inclusion in council packets. When preparing the packet for the 2/4/98 Board of Adjustment Hearing, notify all the people who gave testimony at the January 14 Planning & Zoning Commission meeting of the hearing. CLF/BG - Prepare Public Service Announcements regarding Animal Shelter Open House. ADMIN - Consider addition to congregate housing, breaking out the anticipated cost for a 20-unit addition and match that against the city's current cash flow and financial situation. Also, blend in the revenues to be received from the 20-unit addition and determine whether development of an addition is feasible and warranted. Include information in budget session information. Contact School District or Kenai Peninsula Borough to request placement of a flashing caution light along Lawton Drive where students cross back and forth to attend class in the Shop building. RR - Contact Dave Nelson (Fish & Game) regarding Board of Fisheries meeting - Where will it be held? Memorandum Date: 01 /07/98 To: Richard A. Ross, City Manager From: Robert Springer, Building Official RE: SUMMARY OF 1997 BUILDING PERMIT ACTIVITY The following table shows building permit activity for 1997: TYPE OF BUILDING NO. OF PERMITS BUILDING VALUATION PERMIT FEES COLLECTED Residential - New Housing Construction 36 $4,482,100.00 $15,164.81 Residential - Garages, Additions & Remodels 33 $718,400.00 $3,586.21 Commercial - New Construction, Additions & Remodels 20 $8,853,050.00 $21,996.83 TOTAL 89 $14,053,550.00 $40,747.85 Sales Tax Collected on Permit Fees T $1103.64 Building Inspections Performed 561 Water/Sewer Inspections Performed 46 TOTAL INSPECTIONS: 607 Attached is a table showing the comparison of building permits issued for the years from1993 to 1996. In addition, I have provided a pie chart showing the comparison of residential and commercial building permit value issued in 1997. RS/mk BUILDING PERMITS HISTORICAL DATA-1993 TO 1997 TYPE OF BUILDING 1993 1994 1995 1996 1997 Residential - New Housing Construction 34 43 38 27 36 Residential - Garages, Additions & Remodels 28 30 31 27 33 Commercial - New Construction, Additions & Remodels 25 26 33 24 20 TOTAL 87 99 102 78 89 1997 Building Permits by Value tC r.,,., ®C OR R = Residential C = Commercial CITY OF KENX ,"5 c9d Cap." 4 4&"aa 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 'M Memorandum Date: January 29, 1998 To: Mayor and City Council ��JJ From: Richard A. Ross, City Manager AK RE: Public Hearing Notices - P & Z Attached is a copy of a memorandum from Ms. Kebschull describing how other Peninsula cities and the Borough address the issue of notification of adjacent property owners. The standard on the Peninsula is 300 feet. Also included is a copy of the City of Seward ordinance that requires posting of the property in question. This ordinance is similar to one in Anchorage. It requires that at least 10 days before public hearing the property in question must be posted notifying the public of the proposed action. Seward uses a 2' x 2' disposable sign for this purpose. This may be a better solution than increasing the notification distance. Staff time would not be increased and the costs of the signs could be added to the present fee schedule. Ms. Kebschull has also provided a sample projection of impact if the notification distance were increased from 300' to 600'. Attachments RAR/kh Memorandum Date: 01/08/98 To: Richard A. Ross, City Manager From: Marilyn Kebschull, Administrative Assistant RE: PUBLIC HEARING NOTICES When applications for permits, which require public hearings, are received, the following process is followed: 1. Application received and fee processed ($100 plus $5 tax). 2. Using AutoCAD, a 300' radius is drawn from each comer of the affected lot. Any surrounding lot that is touched by the 300' radius is researched for property ownership. Ownership is determined by printing a copy of the map with parcel numbers. These numbers are used to manually research owners using the parcel book in the Finance Department. This book is often out-of-date. 3. Using the ownership data, a public hearing notice is prepared and mailed certified. This involves collecting the data, transferring the owner's name and address to a computer program, preparing mailing labels, and manually preparing the certified mail documents. 4. The public hearing notice is also published twice in the Peninsula Clarion. A spot check of cities and boroughs in the state shows the following requirements for property owner notification: • Soldotna 300 Feet • Homer 300 Feet • Seward 300 Feet • Kenai Peninsula Borough 300 Feet 01/08/98 Memorandum N • Anchorage 500 Feet or nearest 50 property owners (whichever is greater) • Wasilla • Valdez 1200 Feet 300 Feet • Matsu Borough 600 Feet It appears that the State does not individually notify property owners. Instead, notices are published in the newspaper and posted in public places. I researched the costs of certified mailing for the last ten public hearings. The estimated total costs for the ten mailings were $326.44. A spreadsheet showing the specific costs for each mailing follows. In addition, the public hearing notices are published in the Peninsula Clarion. The costs for these notice vary depending on the size of the notice. Historically, it has cost between $40 and $60 to publish a notice. Each notice is published twice so that cost must be doubled. Estimated Costs For 10 Certified Mailings Resolution # Notices Sent Cost Total 97-11 3 $2.52 $7.56 97-17,18,19 8 $2.98 $23.84 97-20 12 $2.52 $30.24 97-24 13 $2.52 $32.76 97-25 19 $2.75 552.25 97-34 13 $2.77 536.01 97-44 14 $2.77 538.78 97-48 4 $3.00 $12.00 97-55 23 $3.00 $69.00 98-01 8 $3.001 524.00 TOTAL: 1 S326.44 Staff time involved in preparing public hearing notices and mailing varies with the number of notices sent. An average estimate would be approximately two hours to prepare the paperwork, research ownership, and process the mailing. As an example of extending the 300 feet notification to 600 feet, I used the mailing for permit PZ97-25. This permit was in Woodland Subdivision, a high -density 01 /08/98 Memorandum 3 71 residential area. There were 19 notices mailed using the required 300 feet. If this were changed to 600 feet, it would require mailing 63 notices. This would more than triple the cost of the mailing as well as staff time. In this particular case the cost for the mailing would have been $156.75 and staff time would have been approximately 6 hours to prepare the paperwork and mailing. Note that this is in a high density area, areas with lower density have a similarly lower mailing. If I can provide further information or provide further clarification, please let me know. c o 0LC% 117M M CC c h zi 4 u iI 3 15.01.040 PLANNING AND LAND USE RZGOLATICNS 4. The city council, in accordance with the provisions of the city code, may on may not adopt the amendment as, a city ordinance. 5. A coprof all proposed and adopted amendments to the land use plan shall be submitted to the Kenai Peninsula Borough planning commission for information. (Ord. 626, § 3; 1989) 15.01.040 Public hearings. A. Public hearings as required by this title shall comply with the notice requirements as contained herein. 1, Procedures. i a. Notice of the public hearing shall be published at least twice in a newspaper of general emulation within the city. The notice shall be published during each of the two !calendar Weeks prior to the public hearing date. b. The notice shall contain at least the following information: a brief description of the proposal on which the public body is to act; a legal or common description of the `property involved; date, time- and place of the public hearing; person and place to contact for more detailed information. c. Decorum of the body holding the hearing shall prevail. 2. Neighboring n rope , owners notification. A copy of the publics hearing notice shall be mailed to the applicant and to teal property owners of record on the Kenai Peninsula !Borough assessor records within a 300-foot periphery of the parcel affected by the proposed action_ This notice shall be mailed not less than ten days prior to the date of the hearing. When; a public hearing is to be held regarding an amendment involving a change in text or major district boundarychanges,: no notification of neighboring property owners shall be required, but notices shall be mailed to-affccted property owners and displayed in at least three public places. 3. Public ,,stinv. The applicant shall post the property subject to the application with public notices as provided by the city at least ten days before the date of the required public hearing. Such notices shall be placed so as to be visible from each improved street adjacent to the property. The applicant is responsible for removing the posted notices within five days; after the hearing iS completed_ Failure to properly post notices is grounds for deferral or denial of the application. No one except the applicant, an agent of the applicant. or the! city shall remove or tamper with any such required posted notice during the period it is required to be maintained under this paragraph. 4: Proof of 2gging. Before the public hearing, the applicant shall submit to the city an affidavit signed by the person who posted the notice or caused the posting to be done that the notice was posted.as required by this section. (Ord. 626, § 3, 1989; Ord. 97-01) 15.01.045 Fees.. Fees, established by city council resolution, will defray a significant portion of the administration costs associated with processing applications for action covered by this title. Whether an application is granted or denied, the petitioner or applicant shall :not be entitledito the return of the fee paid. (Ord. 626, § 3, 1989) Supplement No. 97-1 City of Seward 07197 15 " 4 TOTAL P.02 4-1 lary R. Graves City Anomey CITY OF KENAI 210 FkWW Avenue Suit 200 Kenn. Alaska 9%11.7794 CITY OF KENAI KENAI MUNICIPAL AIRPORT TERMINAL GIFT SHOP LEASE AGREEMENT RNO 0 THIS LEASE, made and entered into this day of , 1998, by and between the City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611- 7794, hereinafter referred to as City, a body corporate under the laws of the State of Alaska, and whose address is hereinafter referred to as the Lessee. WITNESSETH: That for and in consideration of the rent to be paid by Lessee for the operation of the facility and surrender of the same in good condition to the City at the termination of this Lease and other consideration given by the Lessee herein, the City hereby leases to the Lessee, and Lessee takes and leases in an "as is" condition from the City, premises described and shown on the attachment labeled Exhibit "A" and made a part hereof. The location of the leased area is in the Kenai Municipal Terminal Building, 305 N. Willow Street, Kenai, Alaska, within the NW 1 / 4, SE 1 / 4, Section 32, T6N, R11W, S.M. Said leased area shall hereinafter be referred to as "the Premises." TO HAVE AND TO HOLD the same Premises unto Lessee, subject to the conditions and covenants herein contained, for the term hereinafter specified. The parties hereto further covenant and agree as follows: ARTICLE I Term of Lease The term of this lease shall be five (5) years, commencing April 1, 1998 and terminating at midnight on March 31, 2003. Upon Termination of this Lease all equipment and fixtures on the leased premises under provisions hereof and all fixtures appurtenant to such buildings, including but not limited t those constructed by Lessee, shall become the property of the City. Gift Shop Concession Agreement Lessor: Page 1 of 10 Lessee: (907j2a3-3441 FAX (907) 283-3014 Cary R. Graves City Attomey CITY OF KENAI 210 Ficiaklo Avenue Suds 200 Kenai. IJaska 99611.7794 Rental Amount Lessee shall pay to the City as rent for the use of the Premises the following: $ per month. In addition, Lessee agrees to pay sales tax on the monthly rental as determined by Borough and City ordinances. Late payments shall be subject to penalty and interest as provided by City Code. The premises and trade fixtures and equipment under this Lease are owned by the City. Lessee shall be subject to taxation upon all personal property owned by City and used on or in connection with the leased Premises. Lessee covenants to pay any taxes as may be lawfully assessed against any real or personal property upon the premises, including, but not limited to, taxes assessed for fixtures and the leasehold interest. Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by the Lessee. ARTICLE II Purpose and Improvements Lessee shall provide for the operation and maintenance of the leased premise as a gift shop. Public Use and Non-discrimination A. The Lessee agrees that the facilities and the other improvements provided for herein shall be equally available to all members of the public without discrimination. Any discrimination by the Lessee in the use of any facility hereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease and grounds for cancellation of the Lease. B. The Lessee agrees that he will not discriminate against any employee or applicant for employment, to be employed in the performance of this Lease with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bona fide occupational qualification, or because of race, sex, religion or national origin. Lessee understands that any such di urination shall be deemed to be a material breach of this Lease. Gift Shop Concession Agreement Lessor: Page 2 of 10 Lessee: (907)263-3441 FAX (907) 2&3-W14 ',ary R. Graves City Anomey CITY OF KENAI 210 Fidalgo Avelwe sute 200 Kenai. Nasky 99611-7794 i ARTICLE III Possession and Maintenance Lessee shall have sole possession of, and responsibility for, maintenance of the Premises, including, but not limited to, all improvements constructed thereon and fixtures and equipment existing on the property at the commencement of the Lease and thereafter installed by either Lessee or City. The City shall have the right to inspect the Premises and to impose reasonable regulations to insure proper care, maintenance, and upkeep of the Premises. The degree of maintenance shall be in keeping with similar premises. The City, through its City Manager, or his designee, shall have the right to require that the Premises and improvements thereon meet general standards of other like facilities. The City may advise the Lessee in writing of any deficiency in maintenance of the Premises. The deficiency shall be corrected within thirty (30) days, or within an appropriate period as may be otherwise agreed. Improvements, facilities, fixtures, equipment and things on, in or appurtenant to the leased premises are leased "as is" and without any warranties or representations whatsoever, including warranties of fitness for articular purpose or warranties of merchantability. ARTICLE IV Operation A. In its operation on the leased premises, Lessee shall observe all applicable Federal, State and Municipal Laws and health, safety, and well-being of the public. B. Lessee shall at its expense, meet the requirements of local and state health departments covering the handling and dispensing of food and beverages, if applicable. Refuse and waste materials shall be handled as required by applicable state and local laws, ordinances and regulations. C. Lessor agrees to pay all public utility bills for electricity, gas, water, and all other utilities used or consumed, on the Premises and to procure at its expense all meters and permits necessary for making connections and continuing utility services. D. Lessee agrees, subject to Article XII of this Lease, to continuously operate the facility during the period of the Lease. For purposes of this Lease, "continuous operation" means that the facility is open for business on a daily Gift Shop Concession Agreement Lessor: Page 3 of 10 Lessee: (907)283-3441 FAX (907) 2n3-3014 Cary R. Graves City Attorney CITY OF KENAI 210 FKWW Avenue Suite 200 Kenn. Alaska 9%11.7794 1 basis (Sundays and holidays excepted at Lessee's option) and for such hours as - would be reasonable for similar facilities existing on the Kenai Peninsula. Hour of operation shall be attached to public exterior doors. ARTICLE V Insurance During the term of this Lease, Lessee shall procure and keep in force, or shall where appropriate, require Lessee's contractors and subcontractors ' ocure and keep in force, the following insurance: A. Workmen's Compensation Insurance, sufficien to meet State of Alaska statutory requirements, including $100,000.00 employer's liability coverage, protecting all employees of Lessee and employees of its contractors or subcontractors during the term of this Lease. B. Comprehensive General Liability Insurance, including limits as to bodily injury liability of $500,000.00 for each occurrence and $500,000.00 in aggregate and, as to property damages, liability of $500,000.00 for each occurrence and $500,000.00 in aggregate. Insurance policies required by this paragraph shall name Lessee as Insured and the City as an additional insured. Such insurance shall be made effective prior to the beginning of operation of & premises. Duplicate originals or certificates of all insurance policies required hereunder shall be delivered to the City prior to occupation of the Premises by Lessee. The entire amount collected for losses under any fire and extended coverage policies shall be held under joint control of the City and Lessee and shall be made available to repair, restore, or rebuild :he damaged improvements. Any excess part of the insurance fund remaining after the cost of repairs, rebuilding or restoration is paid, shall be paid to the Lessee. In the event the insurance fund is insufficient to cover the cost of repairs, rebuilding or restoration, the excess cost shall be borne by Lessee. C. Reassessment of insurance needs may be made by City at any time to determine whether or not, in the City's sole determination, the coverage shall be changed. D. Lessee agrees that thirty (30) days notice in writing shall be given the City in the event of cancellation, termination or material change of any insurance policy required hereunder. Gift Shop Concession Agreement Lessor: Page 4 of 10 Lessee: (907) 283-3441 FAX (907) 2t -M14 'ary R. Graves City Attorney CITY OF KENAI 210 FKWW Avenue SLAG 200 Kenai. Aiaska 99611.7794 ARTICLE VI Assignment of Lease Except as provided in this paragraph, this Lease shall not be assigned in whole or in part, unless and until the City approves such assignment in writing, which approval shall not be unreasonably withheld. Upon written request by the City, the identity of the holder or holders to any mortgage, deed of trust or security instrument and all individuals, corporations, or parties having a financial interest as secured parties, investors or shareholders with the Lessee in this Lease, shall be provided to the City by Lessee within thirty (30) days of such request. Lessee shall have the right to sublease the Premises for uses and purposes which are in accord with the provisions of this Lease, only u QA written approval by the City, which approval shall not be unreasonably �d. ARTICLE VII VOW Pledge of Lease It is understood that in borrowing funds Lessee cannot place a mortgage on the Premises or the fixed improvements placed thereon. However, it is contemplated that Lessee may be required to borrow funds for the initial construction of improvements and that from time to time during the term of this Lease it may be desirable or convenient for Lessee to borrow additional funds for additional improvements, alterations, repairs or for other purposes. Accordingly, it is agreed that Lessee shall at all times during the term of this Lease have the right to grant rights of security in this Lease and the leasehold rights of Lessee created by this Lease, provided, however, that any such rights of security shall at all times be subject to the right, title and interest of the City as owner of the Premises and fixed improvements placed thereon and the right of the City to require the payment of all rentals due hereunder and the full and faithful performance of the covenants and conditions of this Lease. Subject to any such rights of security, the City shall have a lien upon all personal property not daily exposed to sale, owned by Lessee and used on the Premises to secure the payment of the rentals as they respectively come due hereunder. In the event that any time during the term of this Lease, Lessee, or anyone holding under Lessee shall be in default of any of the covenants or conditions of this Lease, then and in such event, before forfeiture is invoked by the City, the holder of any rights of security granted by Lessee hereunder may make any and all payments and do and perform any and all acts and things which may be necessary or required to prevent a forfeiture of this Lease, and the party making such payments or performing such acts or things s zall thereby and thereupon be subrogated to all rights of the Lessee under this Lease. The City agrees, that, Gift Shop Concession Agreement Lessor: Page 5 of 10 Lessee: i (907)263-3441 FAX (907) 283.3014 Cary R. Graves City Atlomey CITY OF KENAI 210 RW4o Avenue Suits 200 Kom. Alaska 99611.7794 if requested in writing by the holder of any such rights of security, the City wiP send to the said holder at the address specified in such written request copie of all written notices or demands which the City may serve upon Lessee or anyone holding under Lessee under and pursuant to the terms of this Lease or otherwise. It is understood, however, that the holder of such rights of security, shall in no way be liable to the City for the payment of any rent or for the performance of any other covenant or conditions under this Lease until such time as it shall acquire by conveyance from the Lessee, or by the foreclosure or other proceedings provided by law or by the terms of any written instrument, all the rights, title and interest of the Lessee under this Lease; provided, however, that any party who shall acquire said rights, title and interest of the Lessee, as above provided, shall thereupon and thereby become liable for the full performance and all payments theretofore and thereafter required to be made by Lessee under the covenants and conditions of this Lease, as fully and completely and to the same extent as the Lessee itself would have been if it still had retained i Ftht, title and interest hereunder. C°� % y ARTICLE VIII Cancellation and Forfeiture In the event Lessee shall be declared bankrupt according to law, or if any assignment shall be attempted to be made of this Lease for the benefit of creditors (other than as herein permitted) or if Lessee shall abandon the leased premises, or in the event rental due hereunder remains unpaid for thirty (30) days after notice of nonpayment given to Lessee, then in any of said events, the City may declare the Lease to be terminated and r nay enter into and upon the premises covered by this Lease or any part thereof and repossess the same (including any and all improvements and installed fxtures) and expel the Lessee and those claiming under it and remove its effects, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for possession or for arrears of rent. ARTICLE IX Mutual Cancellation Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. This agreement may be terminated with cause by giving fifteen (15) days written notice by registered Gift Shop Concession Agreement Page 5 of 10 Lessor: Lessee: (907)283-3441 FAX (907) 28333014 iry R. Graves City Anomey CITY OF KENAI 210 Fidalgo Avenue Suits 200 Kenai, Alaska 9%11.7794 I mail to the other party. Cause is difined as the violation of the terms and conditions of this agreement. ARTICLE X Indemnification Lessee shall protect, indemnify and save harmless the City from and against any and all claims, demands, and causes of action of any nature whatsoever for injury to or death of persons, or loss or damage to property, occurring on the Premises or in any manner growing out of or connected with the Lessee's use and occupation of the Premises or the condition of the Premises during the terms of this Lease. ARTICLE XI Waiver of Default'® t� a Any waiver by the City of any default or breach of this Lease shall not be construed to be a continuing waiver of such default or breach nor as a waiver or permission, express or implied, of any other or subsequent default or breach. ARTICLE XII Force Maieure If by reason of strike, lockout, war, rebellion, material or labor shortage due to a national emergency, fire, flood, hurricane or other casualty, periods of excessive rain, or by any other matter not within its control, the City or Lessee in good faith and without fault or neglect on its parts is prevented or delayed in the construction of any condition except as relates to rental payments or the maintenance of insurance which, under the terms of this Lease, it is required to do so perform within a specified period of time, the period of time within which such performance was to have been completed shall be extended by a period of time equal to that of such delay or prevention, and the City or Lessee, as the case may be, shall not be deemed to be in default if it diligently performs and completes such work or covenant or condition in the manner required by the terms of this Lease within the specified period of time as so extended. ARTICLE XIII General Clauses A. All references to the parties to this Lease and all covenants, conditions and lease agreements of this Lease shall apply to and be binding upon the City and Lessee and their respective heirs, executors, administrators, legal Gift Shop Concession Agreement Lessor: Page 7 of 10 Lessee: (907)263-3441 FAX (907) 293-3014 Cary R. Graves City Attorney CITY OF KENAI 210 Fidakgo Avenue SOTS 200 Kenai. Alaska 99611-7794 representatives, successors and assigns (when assignment is made in accord with the provisions hereof) as if they were in each case fully named and stated In this Lease both the City and Lessee are referred to in the singular and neuter gender. However, such words and all other terms and words used in this Lease regardless of the number and gender in which they are used, shall be deemed and construed to include any other number (singular or plural) and any other gender, masculine, feminine or neuter, as the sense of the writing herein may require, the same as if such words had been fully and properly written in the required number and gender. B. All notices to the City shall be sent by certified or registered mail addressed to the City Manager, City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska, 99611-7794, or at such other address as the City may from time to time designate by written notice to the Lessee. All notices to Lessee shall be sent by certified or -registered mail addressed to Lessee at ¢" 3 or at such other address as Lessee may from time to time designate by written notice to the City. C. This Lease is made under the applicable laws of the State of Alaska, and if any term, clause, provision, part or portion of this Lease shall be adjudged invalid or illegal for any reason, the validity of any other part or portion of thi Lease shall not be affected thereby and such invalid or illegal term, clause, provision, part or portion shall be deleted and ignored as if the same had not been written. D. Venue for any dispute arising out of this Lease shall be in the trial courts for the State of Alaska, Third Judicial District at Kenai. E. This Lease may be altered, modified or amended only by written instruments signed by Lessee and the City and approved by the City Council of the City. F. Termination of this agreement by the Lessee without cause shall cause the Lessee to be liable to the City for any losses or costs incurred in addition to any other damages provided by law. ARTICLE IX: Disadvantaged Business Enterprise Participation Lessee is required to take all necessary and reasonable steps to foster Disadvantaged Business Enterprise participation in its airport concessio7- Gift Shop Concession Agreement Lessor: Page 8 of 10 Lessee: t907)283-3441 FAX (907) 283-3014 ".ary R. Graves City Attomsy CITY OF KENAI 210 Fidalgo Avenue suits 200 Kom, Kaska ON 11-7794 activities. A. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR part 23, subpart F. The concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR part 23, subpart F. B. The concessionaire agrees to include the above statements in any subsequent concession agreements that it enters and cause those businesses to similarly include the statements in further agreements. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed and sealed the day and year first above written. CITY OF KENAI: LESSEE: Richard A. Ross City Manager STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19_, , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Gift Shop Concession Agreement Page 9 of 10 Notary Public -L--i and for Alaska My Commission Expires: Lessor: Lessee: (907)283-3441 FAX (907) 283-3014 Cary R. Graves City Attorney CITY OF KENAI 210 Ficialgo Avenue Suite 200 Kenai. Alaska 99611.7794 STATE OF ALASKA ss. THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the day of , 19_, RICHARD A. ROSS, City Manager of the City of Kenai, Alaska, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public in and for Alaska My Commission Expires: Approved as to form by City Attorney Approved by Finance Director Approved by City Manager Lease Approved by Council on 1998. Carol Freas, Citv Clerk Gift Shop Concession Agreement Lessor: Page 10 of 10 Lessee: (907)263-3441 FAX (907) 283-3014 Yaoae,e Y; P a cr- a 0 o p a I p EXHIBIT "A" al f CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 byltmF11 rr.eaer 1II�I� t992 Memorandum Date: January 29, 1998 To: Richard A. Ross, City Manager B. Keith Holland, Airport Manager Cary Graves, City Attorney Larry Semmens, Finance Director From: Kim Howard, Administrative Assistant R& Airport Gift Shop RFP Attached is a draft RFP for the Airport Gift Shop. Rick would like this to go in the packet Friday as an information item. Please review the package today if possible and let me know if you have any suggestions or concerns. The proposed schedule is as follows: Council info item February 4, 1998 Airport Commission February 12 Advertise February 18-26 Pre -bid Conference February 26 Bid Opening March 5 Airport Commission March 12 Resolution of Award March 18 Term begins April 1 Attachments -26 996 '2:30PM FROM DOT DESIGN 4654414 NOTICE The �/y/tee Alaska Department of Transportation and Public Facilities is conducting a Neighborhood Workshop for the FOREST DRIVE AND REDOUBT AVENUE REHABILITATION PROJECT Tuesday February 17,1998 KENti Po v- , ouKKS DEPI. 7:00 PM to 8:00 PM F/W Dtr. —Q Anl. • •t. in the City Engr. --M Wtr & Swr. Kenai City Council Chambers P/W sec. —0 Streets o Avenue ,.,Jq• Insp —❑ Shop at 210 Fidal g —0 STP IF YOU LIVE, WORK OR TRAVEL ALONG FOREST DRIVE AND/OR REDOUBT AVENUE, PLAN TO ATTEND THIS MEETING The Forest Drive and Redoubt Avenue Rehabilitation Project proposes the reconstruction of streets, sidewalks and drainage facilities on Forest Drive between Kenai Spur Road to Redoubt Avenue and on Redoubt Avenue between Forest Drive and Kenai Spur Road. In June 1997, the Department held a neighborhood workshop to discuss specific design elements of this project. The Department has considered comments recieved at the workshop and has prepared preliminary improvement plans. The purpose of this next meeting is to present and discuss the proposed improvements with neighborhood residents. The Department invites residents and business owners to attend a neighborhood workshop to discuss the proposed improvements and construction activities. We are interested in your ideas and concerns. Plan to attend to learn about the Project and meet the project staff. For further information, contact: Al Steininger, Engineering Manager Alaska Department of Transportation 6860 Glacier Highway Juneau, Alaska 99801-7999 Phone: (907)465-4411 FAX: (907)165-4414 TTY/ TDD: (907)465-4647 e-mail: al—steininger@dot•state.ak.us Publish: February 4, 11 & 16, 1998 CITY OF KENAI J -� C9d 0-,� 4 4142,446a - 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 an 'IIII► KENAI RIVER MOUTH SOUTH SIDE ACCESS AND PARKING Project Name: South Side Access Project Location: North on Cannery Road off Kalifornsky Beach Road and continuing on Bowpicker Lane to the start of the project at its intersection with Sea Catch Drive. The new road would start at the end of Bowpicker Lane and go northwest to the higher elevation and north parallel to the coastline. The road would end at a parking lot near the mouth of the Kenai River. See Attachment A. Owner: City of Kenai Project Manager: Keith Komelis, Public Works Director Description: Build a road and parking lot for dip net fishermen to the southern shore of the Kenai River Mouth. Permits: Wetlands, drainage areas, plants, and wildlife will be affected so multi Federal, State, and Local agencies will be involved in review and permitting. PROJECT NARRATIVE The State of Alaska has opened a seasonal dip net fishery at the mouth of the Kenai River. Over 15,000 dip net permits for households were issued for Kenai, Kasilof, and Fish Creek in 1997. Alaska Department of Fish and Game estimated 103,000 fish were caught in the 1996 Kenai dip net fishery. This was almost three -fourths of all fish caught by dip netters. Thousands of "dip netters" from all over the State take advantage of this very productive method of obtaining salmon on the Kenai River. There are more people using the Kenai River than any other river in the State of Alaska. Providing access to the dip net fishery at the mouth of the River will relieve the heavy fishing pressure upstream. The goal is to provide rp oper access in a way that will not damage the area or cause user problems. Kenai River Mouth, S. Side Access & Parking Page 1 1/29/98 Access to this fishery on the Kenai River is very limited. Areas that do have road access near the river are usually surrounded by private property. Also, much of the northern shore has a high, steep, eroding bluff. The City of Kenai is doing its best to accommodate this fishery. The City, in cooperation with the Alaska Department of Fish and Game (and the Exxon Valdez Oil Spill Restoration funds) has improved the access to the north side of the Kenai River mouth. The north shore is over utilized, and fishermen are shoulder to shoulder during the fish runs. Dip net fishermen with 4 x 4 vehicles have found access to the south shore at the mouth by going down a section line easement to the beach and following the shoreline north to the mouth. Unfortunately, once you are on the beach traveling north you have to cross private property during the higher tides (above 19.13). Much of this shoreline (both private and public lands) has been damaged by 4 x 4 vehicles. The City of Kenai is open to suggestions on how to best provide access to the south shore of the Kenai River Mouth. We feel that a road needs to be built with an elevation above the high tides so people will not get trapped at the mouth with a vehicle and then cause damage to the wetlands and dunes in getting out. It would be cost prohibitive to build a ; oad on the beach since it would take a large quantity of fill material to get the road above the high tides. The City suggests building the road at the highest elevation along the coastline with parking at the end of the road near the South Kenai River Mouth. Again, the City is open to suggestions and requests agency input as to where to build the road and parking area. PROJECT SCOPE OF WORK This project would be to build approximately 5,200 linear feet Of roadway 28-feet wide with a one -acre aarking lot at the end. Part of the roadway and parking lot would be constructed on wetlands thus requiring many agency approvais, coordination, review, and permits. The parking lot, estimated to hold 50 to 75 vehicles, would be near the mouth of the Kenai River on the south side. The project would include appropriate signs about the project including the Kenai River's ecology and proper use of its resources. Warning signs about the tides, getting stuck, damage to wetlands and the dunes and informative signs about the fish and wildlife would be olaced in the parking area and possible along he roadway. Once this project is completed it will be the City of Kenai's responsibility to operate and maintain this facility. The operation would include restroorns or Port -a -potties and garbage dumpsters or trash containers. See Attachment B. Kenai River Mouth, S. Side Access & Parking Page 2 1/29/98 PROJECT COST ROUGH PROJECT BUDGET SUMMARY Administration $ 2,000 Engineering, Surveying and Inspection (15%) 94,000 Construction 640,000 Contingency (10%) 64.000 TOTAL PROJECT COST $800.000 See Attachment C Kenai River Mouth, S. Side Access & Parking Page 3 1/29/98 c f. %A N In W U U a W 0 H H W a cn a z H w ac w xE40 D CG wo w O� c >4 I a E4 O Hlra U E-4 D O E H Oct z W b4 r I N r-4 O �O r-1 O I I U H a G4 a _ _ w 00 ao a N ) G4 N W to E+ a H w H H H W a E4 F E4 z w U a E+ E4 a CITY OF KENAI KENAI MOUTH - SOUTH SIDE ACCESS ROUGH COST ESTIMATE COST/LF Type 1 1.15 CY/LF x $10/CY $11.5011-F Type 111 8.60 CY/LF x $ 8/CY 68.80/LF Filter Fabric 7 SY/LF x $ 1/SY 7.00/LF ROAD COST PER LF $87.301LF CONSTRUCTION COST Road $87.30/1-F x 5200 LF $ 454,000 Parking Lot 1 Acre 100,000 CMP 12 ea. x 67 LF x $60/1-17 48,000 Rock around CMP 2 x 12 x $500/ea. 12,000 Signage 9,000 Seeding & Landscape 17,000 TOTAL CONSTRUCTION COST $640,000 ROUGH PROJECT BUDGET SUMMARY Administration $ 2,000 Engineering, Surveying and Inspection (15%) 94,000 Construction 640,000 Contingency (10%) 64.000 TOTAL PROJECT COST $800.000 ATTACHMENT C NOTMW 6700 Arctic Spur Road Anchorage, AK 99518 (907) 344-5757 ■ Fax (907) 267-3156 e-mail: bill_cheekgnatchiq.com William H. "Bill" Cheek Vice -President and Chief Operating Officer Januan 7. 1998 Mayor John Williams City of Kenai 10 FidalQo Avenue #200 Kenai. AK 99611 Dear flavor Williams: �EjE VED JAN 2 I isga RK KENA1 C Thank you for your contribution to the great success of our Kenai module fabrication facility open house! As a token of our appreciation, please accept the limited addition print included in this mailing. At last count over 900 people attended the open house. The community of Kenai is still very excited about the employment opportunities the ARCO Alpine project provides, along with local competitive spending for goods and services. During a subsequent visit to Kenai in late December, we were very encouraged with the positive attitudes of local businesses and government representatives in helping us sustain and expand Natchiq's module fabrication business. Again. thank you for participating in the open house. and may 1998 present many rnore successes to Alaskans and our economy. Sincerel,,. � � CL--�� William H. "Bill" Cheek Vice -President and COO ?AN-07-98 WED 14:10 KENAITH DiAN TRIBE F9, NO. 9C7 -.cSC 'KC52 XENAITZE INDIAN" TRIBF, IRA P.O. BOX 989 KENAI, ALASKA 99611 TEL: (907)283-3633 FAX (907)283 3052 RESOLUTION NO. 9"1 A TRIBAL RESOLUTION STRONGLY OPPOSING THE TERIIIINATION OF FUNDING SUPPORTING SCHOOL NURSES IN THE IMIAI PENINSULA BOROUGH SCHOOL DISTRICT WIMEREAS, the Kit1e Indian Tnbe, IRA is a federally recognized Tribal Government reorganized under the statutes of the Indian R eorganiration Act of 1934, as amended for Alaska in 19367 and innccordance with the preamble to the Tribal Constitution, "is responsible for the social welfare of its Tribal members and 2,767 Alaska Native residents of the Central and Upper Southern Kenai Peninsula of Southcenual Alaska", and; WHEREAS, the Kenaitze Indian Tribe, IRA has established long range goals which relate to the collective and individual, social and economic concerns of its service population, WHEREAS, historically, the School Nursing Program in the Kenai Peninsula Borough School District has been funded to provide health care screening, vision screening, hearing tests, emergency medical care, drug and alcohol prevention and intervention, detection and referral for suspected cases of child neglect and abuse', and innoculations and have worked closely with Public Health Nurses in the district to provide health services for our children attending Kenai Peninsula Borough Schools; and WHEREAS, many of our children are not eligible for health benefits or Medicaid under the new Welfare Reform Act, and many of our children attending schools in the Kenai Peninsula are children at risk for poor health neglect, child abuse, and drug and alcohol abuse and the Kenai Peninsula Borough School Nursing Program is the only health care that they receive; and WHEREAS, the Kenaitze Indian Tribe, IRA strongly believes that the very life and future of the Kenaitze Indian Tube, IRA, the State of Alaska, and the United States of America depends upon the implementation of health and education programs which focus on prevention and intervention programs for our children; and NOW THEREFORE BE IT RE -SOLVED by the Executive Commirtee/Tribal Council of the Kenaitze Indian Tribe, IRA that the Tribe strongly supports the Kenai Peninsula Borough Nursing Program and urges the Kenai Peninsula Borough School Board to provide funding to keep one nurse at each school to ensure that the needs of our children are given the highest priority- Kenaitze Indian Tribe, IRA Resolution No. 98-01 Page 2 of 2 Pages VOTING FOR: 6 VOTING AGAINST. 0 R NALD PETTEFUSON,—TRMAL CHAIRPERSON ABSTAINING. 0 TZE INDIAN TRIBE, IRA ABSENT: 0 12tTI]ER SE TRIBAL SECRETARY KENAITZE INDIAN TRIBE, IRA npramher In- 1997 DATE CC: Kenai Peninsula Borough School District School Board ?!ambers Budget and Review Committee Mayor John Williams Governor Tony Knowles Representative Mike Navarre Representative Mark Hodgins Representative Jerry Ward Representative Gary Davis Representative Gail Phillips President Willies Clinton Honorable Daniel Inouye Honorable Don Young Honorable Ted Stevens Honorable Frank Xurkowski MAYOR'S REPORT FEBRUARY 4, 1998 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA BY: POSTPONE C-1: Ordinance No. 1772-98 - Appropriating a $116.01 Donation from Barry Norwood to the Animal Shelter - Request to postpone due to Board of Adjustment Hearing delaying the regular meeting. Postpone to February 18, 1998 council meeting. Administration ADD TO: D-5, Application of Alicia J. Brewer for placement as student representative to the Parks & Recreation Commission. Councilman Bannock CONSENT AGENDA No Changes MAYOR'S REPORT Animal Shelter Dedication February 4, 1998 CITY COUNCIL MEETING PUBLIC WORKS DIRECTOR REPORT V Info 5 Forest Drive and Redoubt DOT ad for Public Hearing on February 17 at 7:00 PM at Council Chambers. Info 6 Kenai River Mouth South Side Access and Parking. Information on grant application we are planning on submitting to the Exxon Valdez Oil Spill Trustee Committee. This is a preliminary glance at the tentative plan. After we get the actual grant application we will resubmit the pro ct to council before it is sent in. Warning Light on Lawton between KCHS and Vocational Building. I wrote a letter after the last council meeting to the John Dalgren. I received a phone call from Dave Spence on January 28 stating that this warning light was on the school's Capital Improvement List. It is # 3 in category one, Health & Safety. The 2 items before this light are Replace Generator and Improvements to Chemistry Lab and they have already been funded. The cost estimate for the warning light is $80,000. It went to the School Board Monday and to the Assembly yesterday. Dave told me today that it is still on the ist. Holes in the Kenai Spur Highway After the last council meeting I wrote a letter to DOT about the pot holes on the Spur. They fixed 5 holes on the Sp on Saturday January 24. s7 Working with Alaska Science & Technology Foundation on the Kenai Bluff Erosion Control project. Resubmitting the preproposal. They have said tha the Foundation normally requires at least 50 % cost share. Kenai River Water Quality Monitoring Plan Work Group. I have attended the last 2 meetings. They meet for 3 hours twice a month. The group is involved in developing a matrix of levels of water quality monitoring. We are considering four levels of monitoring. The location for taking the samples and what to test for have been briefly discussed but not set as yet. I have a 3 ring binder full of information including meeting summaries that is available to anyone to read. Animal Control Shelter. We had substantial completion inspection on P P the structure last Monday. If any council members would like a tour of the building please contact me. The open house is set for March 71h from 11:00 to 2:00. MAYOR'S REPORT FEBRUARY 4, 1998 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA BY: POSTPONE C-1: Ordinance No. 1772-98 - Appropriating a $116.01 Donation from Barry Norwood to the Animal Shelter - Request to postpone due to Board of Adjustment Hearing delaying the regular meeting. Postpone to February 18, 1998 council meeting. Administration ADD TO: D-5, Application of Alicia J. Brewer for placement as student representative to the Parks & Recreation Commission. Councilman Bannock CONSENT AGENDA No Changes MAYOR'S REPORT Animal Shelter Dedication KENAI CITY COUNCIL MEETING FEBRUARY 4, 1998 INFORMATION ITEMS 1. 1/21/98 Kenai City Council Meeting "To Do" List. 2. Summary of 1997 Building Permit Activity. 3. 1/29/98 RAR memorandum regarding Public Hearing Notices - P&Z. 4. DRAFT - Kenai Municipal Airport Terminal Gift Shop Lease Agreement. 5. DOT Notice of Neighborhood Workshop - Forest Drive and Redoubt Avenue Rehabilitation Project. 6. Project Proposal - Kenai River Mouth South Side Access and Parking. 7. 1/7/98 NatchiQ, Inc. thank -you letter. 8. Kenaitze Indian Tribe Resolution No. 98-01 opposing the termination of funding supporting school nurses in the Kenai Peninsula Borough School District. 1791-1"l CITY OF KENAI . �Ocl Capdat o6 4hzkd . F,4X —ems TO ��cG I ✓yi FROM i 210 Fidalgo, Suite 200 Kenai, Alaska 99611-7794 Phone 907-283-7535 U" Fax 907-283-3014 Date f / / Number of Pages �?_ 1791-1991 CITY OF KENAI . law "Ocl CapdaC q 4hAd . FA)." TO FROM 210 Fidalgo, Suite 200 K-6mL.Alaska 99611-7794 Phone 907-283-7535 Fax 907-283-3014 Date / &5�- / 9 Number of Pages 7 AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 4, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/city BOARD OF ADJUSTMENT HEARING - CHUMLEY/CHUMLEY APPEAL SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS Ordinance No. 1772-98 - Appropriating a $116.01 Donation From Barry Norwood to the Animal Shelter. 2. *Liquor License Renewal - Boy's Ltd, d/b/a One Stop Liquors - Package Store. 3. *Liquor License Transfer - Boy's Ltd, d/b/a One Stop Liquor to Spur Liquor, Inc., d/b/a One Stop Liquors. Additional information can be found at http://www.Kenai.net/city_ The public is invited to attend and participate. Carol L. Freas City Clerk MAKE 22 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor and Council Fire Department Police Department Senior Center Library Parks 8s Rec. AGENDA DISTRIBUTION STP Public Wks. Sec. Public Wks. Shop Bldg. Maintenance Bldg. Official Streets Dock STP Official Bulletin Board Fax by computer to: Assemblymembers KSRM (Attn: Dan Meeks) KBBI (Homer) Kenai Chamber of Commerce EDD Don Hunter, (Daily News/Anchorage) Fax by regular fax machine: KDLL, 283-6701 DELIVER Attorney City Manager / Finance Public Works Airport Engineer Commissions P&Z to MK HDB to MK Clerk Taylor Springer Kebschull Kim / Clarion Betty Miller, BP Jon Little (Daily News/Soldotna) Bill Iles, HEA KVCC Joan McCoy, ARCO Council Packets to Police Department Dispatch desk. The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m. Home Page documents (agenda, resolutions and ordinances for public hearing) are faxed to Ed Sipple on Friday afternoon (to Garrett at Peninsula Internet until Sipple is back home).