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HomeMy WebLinkAbout1998-04-01 Council PacketKenai City Council Meeting Packet April 1, 1998 AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 1, 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) 1. Robin Nyce - KCHS Cross -Country Ski Team and Booster Club/Cross- Country Ski Course. 2. Suzanne Little - Boys & Girls Club/Use of Recreation Center Gymnasium. C. PUBLIC HEARINGS Ordinance No. 1776-98 - Replacing KMC 12.20.010 ("Expectorating on Streets and Sidewalks") With New Wording Described as "Deposit of Refuse." 2. Ordinance No. 1777-98 - Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to Include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. 3. Ordinance No. 1778-98 - Including the Newly Created Position of Public Works Manager as One of the Positions Exempted From the Fair Labor Standards Management Act. -1- D. 4. Resolution No. 98-14 - Transferring $2,975 From General Fund Contingency to Purchase Furnishings for the New Animal Control Shelter. 5. Resolution No. 98-15 - Supporting Senate Bill 263, An Act Relating to Secondary Roads, and Senate Bill 264, An Act Relating to Municipal Road Maintenance. 6. Resolution No. 98-16 - Authorizing the Purchase of an Elgin Sweeper With Equipment Replacement Fund Assets. 7. Resolution No. 98-17 - Awarding the Bid for a 1500-Gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc., for a Total Amount of $291,530. 8. Resolution No. 98-18 - Awarding the bid for a 1500-GPM Class A Pumper to United Fire Service, Inc. for a Total Amount of $275,356. 9. Resolution No. 98-19 - Requesting the U.S. Army Corps of Engineers to Immediately Reissue Those Nationwide Permits That Were Excluded From the Kenai River Comprehensive Management Plan Boundaries in SPN 97-02. 10. Resolution No. 98-20 - Transferring $5,500 in the General Fund for Buildings Operating and Repair Supplies. 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board C. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES F. 1. *Regular Meeting of March 18, 1998. -2- G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1779-98 - Amending KMC 14.20.150 to Prevent the Same or Substantially Similar Conditional Use Permit Applications From Being Considered by the Planning & Zoning Commission More Than Once in Any Nine -Month Period. 4. Discussion - Lease Requirements for Commuters - Insurance 5. Discussion - Softball Tournaments - Tent Camping 6. Discussion - Scheduling Board of Adjustment Hearing in the Matter of Appeal of Planning & Zoning Commission Action/Conditional Use Permit/ Lots 6 & 7, Papa Joe's Subdivision - Vesta Leigh and Jo -An Buzzell, Appellants. EXECUTIVE SESSION - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk S. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- ADD AS: REMOVE: MAYOR'S REPORT APRIL 1, 1998 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA B-3, Paul Dale - Kenai Visitors and Cultural Center H-5, Discussion - Softball Tournaments - Tent Camping CONSENT AGENDA CORRECTION: E-1, Minutes of 3/ 18/98 meeting - At page 17, Item H-8, Schedule Budget Work Sessions, add as second budget work session, April 22, 1998, 7, p.m. at the Senior Center. MAYOR'S REPORT BY: Clerk City Manager Clerk O ,I M a 0 D m m !a a � m D m m ° W o a w o ato 64 c�a °O D m m O a 04 o 1 a 1 N O D m D � C m o a a °po4 D m o oc pq a ra o m m ° m m � i3UYB & ulRLS UU11 0"" k1;NAO NMULA- March 17, 1998 Mr. Bob Frates, Director Parks and Recreation Department City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mr. Frates; The Boys and Girls Club is grateful for the City of Kenai's continued support. We have experienced a rapid growth of our indoor soccer program - so much so that we can not accommodate all the games at our facility. The Boys and Girls Club respectfully requests donated use of the City of Kenai Parks and Recreation Gymnasium for 4.5 hours on the following days: Saturday, April 18th Saturday, April 25th Saturday, May 2nd; and Saturday, May 9th. We truly appreciate your favorable consideration of our request. Thank you once again for your support. If you have questions or need additional information about our request please do not hesitate to contact Kathy at (907) 283-2682. sic�ly, uzan Li e Ex ive Director a A 1 )futnd Way AUnncy C,/ Suggested by: Administia1011 CITY OF KENAI ORDINANCE NO. 1776-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING KMC 12.20.010 ("EXPECTORATING ON STREETS AND SIDEWALKS") WITH NEW WORDING DESCRIBED AS "DEPOSIT OF REFUSE." WHEREAS, the current city ordinance dealing with littering in parks or public places is obsolete; and WHEREAS, the problem of littering in public places and on public property, including but not limited to the public beach adjacent to Kenai Avenue, is an ongoing problem; and WHEREAS, the City of Kenai wishes to protect public property, parks and public places from the harmful effects of littering; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC 12.20.010 be re -written to read as follows: 12.20.10 Deposit of refuse: (a) No person shall place or deposit any refuse in or upon any public property, public beach, public alley, street, or highway, sidewalk, park or other public place in the City except has herein expressly authorized. No person shall place any refuse on land of another without the owner's consent. (b) Dumpsters or trash receptacles located on public property may only be used for depositing small quantities of refuse generated in connection with public activities such as picnicking, camping, touring, pleasure boating, fishing, or other outdoor recreation. No fish, fish carcasses, fish parts or offal may be deposited in dumpsters or receptacles unless marked specifically to allow for fish or fish parts. No person shall deposit refuse generated by residential, commercial, or industrial uses in or near any dumpster or trash receptacle located on public property. No person shall deposit refuse in or near any dumpster or trash receptacle located on public property contrary to any instructions posted on or near the dumpster or trash receptacle. (c) No person shall deposit refuse in a private dumpster without the owner's consent. Owners of dumpsters may post signage on or near privately owned dumpsters stating that unauthorized use is a violation of the City Code. (d) Violation of this section is subject to a fine of $500.00 for each offense. Ordinance No, 1776-98 Page 2 of 1 (e) The term "refuse" as used in this section means any garbage, trash, waste or discarded material including, but not limited to, discarded food, animal and vegetable matter, fish or animal carcasses, fish parts, offal, waste paper, newspaper or magazines, bottles or cans, containers or wrappers, boxes, paper or plastic cartons, motor vehicle parts, oil, or discarded building/construction material. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the first day of April, 1998. ATTEST: Carol L. Freas, City Clerk H. Raymond Measles, Vice Mayor Introduced: March 18, 1998 Adopted: April 1, 1998 Effective: May 1, 1998 Suggested by: Administrau.,.. CITY OF KENAI ORDINANCE NO.1777-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CHANGING THE EMPLOYEE CLASSIFICATION, SUPERVISORY AND PROFESSIONAL, LIST AT KMC 23.50.010(a) TO INCLUDE A PUBLIC WORKS MANAGER AND AN ASSISTANT AIRPORT MANAGER, AND CHANGING THE AIRPORT MANAGER'S RANGE. WHEREAS, a comparison of the salary of the Kenai Airport Manager with other equivalent municipal airport managers' salaries reveals the position of Kenai Airport Manager to be underpaid; and WHEREAS, this compensation of the Kenai Airport Manager position has been a hindrance in hiring qualified candidates for the position; and WHEREAS, the position of Kenai Airport Manager has been changed to reflect new and increased responsibilities, including marketing of the airport and related facilities; and WHEREAS, the changed responsibilities of the Kenai Airport Manager into the role of marketing may make it necessary to hire an Assistant Airport Manager to take over some of the operational aspects of the Kenai Municipal Airport; and WHEREAS, reorganization of the Public Works Department to increase its efficiency requires the creation of a new position, Public Works Manager. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that: SECTION 1: KMC 23.50.010(a), Employee Classification List, Supervisory and Professional, be changed to read as follows: 23.50.10 EmQloyee Classification: City employees shall be classified by Class, Title, and Pay Range as follows: CLASS CODE CLASS TITLE RANGE (a) SUPERVISORY AND PROFESSIONAL 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 24 106 Police Chief* 22 107 Fire Chief* 22 Ordinance 1777-98 Page 2 of 2 108 Public Works Manama 21 [ 108] 109 Senior Accountant 19 [ 109] 110 City Engineer 19 [ 110] 111 Code Enforcement Officer 17 [ 111 ] 112 Airport Manager* [17]20 [ 112] 113 Assistant Airport Manager 15 [ 113 ] 114 Land Manager 17 [ 114] 115 Deputy City Attorney 16 [ 115 ] 116 Dock Manager 13 [ 116] 117 Personnel Officer 16 SECTION 2: In order to reflect the change in work responsibilities while not actually reducing the pay of the current jobholder, a current Public Works Director who is reassigned in fiscal year 1999 to the position of Public Works Manager, shall have his current grade frozen as of the date of reassignment. The step of said employee shall be frozen without future cost of living increases effective June 30, 1999. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the first day of April, 1998. ATTEST: Carol L. Freas, City Clerk H. Raymond Measles, Vice Mayor Introduced: March 18, 1998 Adopted: April 1, 1998 Effective: May 1, 1998 CITY OF KENAI it Gd oi 4iaj" ►► 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Vad 'III�1 Memorandum Date: - March 13, 1998 To: Mayor and Council Richard A. Ross, City tY Manager RE: Classification Plan - Ordinance No. 1777-98 Ordinance No. 1778-98 will add two new job classifications to the City's Classification Plan, one at the Airport and one in the Public Works Department. It does not add to the number of personnel employed by the City. This ordinance will also provide for the classification upgrade of the Airport Manager's position. I. Airport In the Airport, the Administration is proposing the following changes: A. The position of Airport Manager be raised from a Grade 17 to a Grade 20. The starting salary would be raised from an annual rate of $49,463 to an annual rate of $57,271. Justification: 1. The Airport Manager's job description has been rewritten to require marketing duties. When the position was advertised, leading qualified candidates turned the position down because compensation was too low. As a result, the position was not filled. 2. The new job description was submitted to the same Classification Committee that was utilized in 1996. They applied the methodology used in 1996 in evaluating the new job description. As a result of this process, it was determined that the Grade 20 being recommended is within the appropriate range based on that evaluation method. 3. In surveying the two other municipal airports in Alaska, it was determined this grade was appropriate. The comparable would be as follows: Memorandum to Mayor and Council March 13, 1998 Page 2 of 3 Citv Low High Kenai $57,271 $68,727 Ketchikan 55,836 71,916 Juneau 57,600 73,993 While the position would still be below the high salary in the other two communities, the disparity is consistent with the disparity in other positions compared (i.e., Police Chief, Fire Chief, etc.). B. The position of Assistant Airport Manager be established in the Classification Table and set at a Grade 15. Justification: 1. A position of Assistant Airport Manager would be established in the Classification Table. This position assumes many of the responsibilities previously performed by the Airport Manager. As the Airport Manager becomes more involved in airport marketing, more of the management/ supervision functions of airport maintenance and operation will have to be delegated to this position. 2. The Grade 15 salary was set after review of other positions in the City. The position assumes supervisory authority over maintenance and operations functions at the airport. In this capacity, it is very similar to the Street Foreman position in function, which is also set at a Grade 15. Summary If Council approves the changes in Ordinance No. 1777-98, we will begin advertising the Airport Manager's position after ordinance adoption. The decision to fill the Assistant Airport Manager's position and possibly leave the Airport Operations Specialist position vacant will be discussed as part of budget work sessions. The addition of the Assistant Airport Manager's position to the Classification Plan makes this an option. II. Public Works Department Proposal The Administration is proposing that the position of Public Works Manager be added to the Classification Table and the pay grade be set at Grade 21. The position would be added to the exempt positions under KMC 23.10.030(c). Memorandum to Mayor and Council March 13, 1998 Page 3 of 3 History In January 1997 the Public Works Department was reorganized. Structural changes were made after many meetings with Public Works Administration personnel. Restructuring was directed at resolving management and organization structural problems. Specific issues were the excessive span of control on the part of the Public Works Director, task delegation without authority, fixing of responsibility within the organization and both external and internal communication problems. Under municipal code the City Manager can act as an ex officio Public Works Director. This authority was exercised and the public works functions were divided between the Public Works Director and the City Engineer, with both now directly reporting to the City Manager. A description of the division of responsibilities was provided to you in the FY98 budget narrative. A copy of that narrative is attached. For over a year the department has operated as described in the FY98 budget narrative. I am satisfied that the problems the reorganization was meant to deal with have generally been addressed. Justifications: 1. The position grade assignment was arrived at after analysis and review of the job descriptions using the Classification Plan and committee used in 1996. 2. The adoption of the proposed job classification gives the City Manager flexibility in the structuring of the Public Works Department. It allows for submission of the proposed fiscal implementation in the FY99 budget of a structure that has been in place since January 1997. 3. If the Council adopts the proposed job classification, they will still have an opportunity to review the actual management structure of the Public Works Department during FY99 budget work sessions. If Ordinance No. 1777-98 is adopted, the budget submitted to the Council will fund two Public Works Manager positions and will not fund the Engineer and Public Works Director positions. Attachments RAR/kh DEPARTMENT NARRATIVE GENERAL FOND - PUBLIC WORKS ADMINISTRATION The Department of Public Works has a broad range of responsibilities in the City of Kenai. In FY97 the department was reorganized. Animal Control, which had historically been classified as a Public Safety function, was transferred to the administrative control and supervision of the Police Chief. Functional responsibilities in the Public Works Department were reassigned to improve communications and reduce the span of control associated problems. The Public Works Director reports to the City Manager and is responsible for the departments that deliver direct services to the public. This would include the Street Department; Street Lighting; Water and Sewer Department; Sewer Treatment Plant; and the Boating Facility. The Public Works Director also serves as the project manager on assigned maintenance and capital improvement projects. The City Engineer reports to the City Manager and is responsible for Planning and Zoning support and for the departments that provide infrastructure support to other City departments. This would include the Public Works Administrative staff; Engineering Technician; Buildings (Inspection and Maintenance) and the City Shop. The City Engineer provides engineering support and project management on assigned maintenance and capital improvement projects. 74 C-� Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1778-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCLUDING THE NEWLY CREATED POSITION OF PUBLIC WORKS MANAGER AS ONE OF THE POSITIONS EXEMPTED FROM THE FAIR LABOR STANDARDS ACT. WHEREAS, the position of Public Works Manager has been created to reflect the reorganization of the Public Works Department; and, WHEREAS, the position of Public Works Manager is a supervisory position which, because of the duties and responsibilities assigned, should be exempt from the provisions of the Fair Labor Standards Act; and, WHEREAS, it is in the best interest of the City of Kenai to include the position of Public Works Manager in the category of positions which are exempt from the Fair Labor Standards Act. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC 23.10.030(c) be changed to include the Public Works Manager as follows: (c) The following supervisory and professional positions of the classified service are considered to be exempt from the provisions of the Fair Labor Standards Act due to the nature of the position: Airport Manager Finance Director Fire Chief Librarian Parks and Recreation Director Police Chief Public Works Director Public Works Manager Senior Center Director PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the first day of April, 1998. H. Raymond Measles, Vice Mayor ATTEST: Carol L. Freas, City Clerk Introduced: March 18, 1998 Adopted: April 1, 1998 Effective: May 1, 1998 �' 4 Suggested by: Administration City of Kenai RESOLUTION NO. 9 8- 14 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,975 FROM GENERAL FUND CONTINGENCY TO PURCHASE FURNISHINGS FOR THE NEW ANIMAL CONTROL SHELTER. WHEREAS, the new Animal Control Shelter is in operation; and WHEREAS, furnishings such as tables, chairs, a desk and other items are needed to properly operate the Shelter; and WHEREAS, sufficient funds are available in the General Fund contingency account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Contingency $2,975 To: Animal Control - Small Tools & Minor Equipment $2,975 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lst day of April, 1998. H. RAYMOND MEASLES, VICE MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (3/ 19/98) kl Suggested by: Kenai City Councu CITY OF KENAI RESOLUTION NO. 98-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING SENATE BILL 263, AN ACT RELATING TO SECONDARY ROADS AND SENATE BILL 264, AN ACT RELATING TO MUNICIPAL ROAD MAINTENANCE. WHEREAS, it is in the best interests of the citizens of the City of Kenai to have an upgraded, functional and safety -oriented road maintenance system; and, WHEREAS, the Department of Transportation and Public Facilities will adopt regulations establishing uniform statewide design and construction standards; and, WHEREAS, the Department of Transportation and Public Facilities will identify and rank unimproved secondary roads for upgrade; and, WHEREAS, a municipality may request the Department of Transportation and Public Facilities to transfer an upgraded road to the municipality if both parties agree to the terms; and, WHEREAS, the costs for road maintenance increase annually; and, WHEREAS, the motor fuel tax is an appropriate source of road maintenance funds; and, WHEREAS, the amount of $1,000 per mile for road -way maintenance is an increase over the current funding level; and, WHEREAS, the transfer of improved roads from the Alaska Highway System is an acceptable option. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1: The City of Kenai supports increasing the funding level for municipal road maintenance. Section 2: The City of Kenai is willing to consider transfers of improved roads from the State of Alaska Highway System when mutually agreeable terms are presented. Section 3: The City of Kenai supports improving the Alaska secondary road system and is willing to consider accepting improved state secondary roads when reasonable conditions are met. Resolution No. 98-15 Page 2 Section 4: That copies of this resolution shall be forwarded to members of the Legislature and to Governor Tony Knowles. Section 5: This resolution takes effect immediately upon its adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of April, 1998. H. Raymond Measles, Mayor ATTEST: Carol L. Freas, City Clerk clf SENATE BILL NO. 264 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTIETH LEGISLATURE - SECOND SESSION BY SENATOR TORGERSON, Pearce, Sharp Introduced: 1/27/98 Referred: Transportation, Finance A BILL FOR AN ACT ENTITLED 0-LS12321E 1 "An Act relating to aid for municipal road maintenance; and providing for an 2 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. AS 29.45.020(a) is amended to read: Sec. 29.45.020. Taxpayer notice. (a) If a municipality levies and collects property taxes, the governing body shall provide the following notice: "NOTICE TO TAXPAYER For the current fiscal year the (city)(borough) has been allocated the following amount of state aid for school and municipal purposes under the applicable financial assistance Acts: PUBLIC SCHOOL FOUNDATION PROGRAM ASSISTANCE (AS 14.17) $ STATE AID FOR RETIREMENT OF SCHOOL CONSTRUCTION DEBT (AS 14.11.100) $ SB0264A -I- SB 264 New Text Underlined [DELETED TEXT BRACKETED] 0-LS 12321E 1 MUNICIPAL TAX RESOURCE EQUALIZATION 2 (AS 29.60.010 - 29.60.080) $ 3 PRIORITY REVENUE SHARING FOR 4 MUNICIPAL SERVICES (AS 29.60.100 - 29.60.180) $ 5 REVENUE SHARING FOR SAFE COMMUNITIES 6 (AS 29.60.350 - 29.60.375) $ 7 AID FOR MUNICIPAL ROAD MAINTENANCE 8 (AS 29.60.700 - 29.60.730) 9 TOTAL AID $ 10 The millage equivalent of this state aid, based on the dollar value of a mill in the 11 municipality during the current assessment year and for the preceding assessment year, 12 is: 13 MILLAGE EQUIVALENT 14 PREVIOUS YEAR THIS YEAR 15 PUBLIC SCHOOL FOUNDATION 16 PROGRAM ASSISTANCE .... MILLS .... MILLS 17 STATE AID FOR RETIREMENT 18 OF SCHOOL CONSTRUCTION 19 DEBT ....MILLS ....MILLS 20 MUNICIPAL TAX RESOURCE 21 EQUALIZATION ....MILLS ....MILLS 22 PRIORITY REVENUE SHARING 23 FOR MUNICIPAL SERVICES ....MILLS ....MILLS 24 REVENUE SHARING FOR SAFE 25 COMMUN=S MILLS ....MILLS 26 AID FOR MUNICIPAL ROAD 27 MAINTENANCE ...MELLS ...MILLS 28 TOTAL MILLAGE 29 EQUIVALENT ....MILLS ....MILLS" 30 Notice shall be provided 31 (1) by furnishing a copy of the notice with tax statements mailed for SB 264 -2- SBO264A New Text Underlined (DELETED TEXT BRACKETED] 0-LS 12321E 1 the fiscal year for which aid is received; or 2 (2) by publishing in a newspaper of general circulation in the 3 municipality a copy of the notice once each week for a period of three successive 4 weeks, with publication to occur not later than 45 days after the final adoption of the 5 municipality's budget. 6 * Sec. 2. AS 29.60 is amended by adding new sections to read: 7 Article 9. Aid for Municipal Road Maintenance. 8 Sec. 29.60.700. Aid for municipal road maintenance. (a) The department 9 shall pay to a municipality that has the power to provide for road maintenance and 10 exercises that power a grant based on each mile of road, street, or highway maintained 11 by the municipality excluding 12 (1) the official state highway system; 13 (2) roads, streets, or highways not dedicated to public use; 14 (3) roads, streets, or highways maintained under AS 19.30.111 - 15 19.30.251 (local service road program); 16 (4) alleyways; and 17 (5) roads, streets, or highways not used by automotive equipment. 18 (b) The amount of a grant to a municipality under this section for a year 19 equals $1,000 for each mile of road, street, or highway maintained by the municipality 20 during that year. 21 Sec. 29.60.710. Municipal road maintenance account. (a) The municipal 22 road maintenance account is established in the department. Money to carry out the 23 provisions of AS 29.60.700 - 29.60.730 may be annually appropriated by the 24 legislature from proceeds of the revenue from the tax on motor fuel under 25 AS 43.40.010(m) or from federal or other sources. If amounts in the account are 26 insufficient to pay each municipality's grant authorized under AS 29.60.700, the 27 amounts that are available shall be distributed pro rata among eligible municipalities. 28 (b) Unless otherwise provided in the appropriation, money appropriated to the 29 municipal road maintenance account for a fiscal year that exceeds the amount required 30 to fully fund grants authorized under AS 29.60.700 for that fiscal year shall be 31 allocated by the Department of Community and Regional Affairs to the Department SBO264A -3- SB 264 New Text Underlined [DELETED TEXT BRACKETED] 0-LS 1232E 1 of Transportation and Public Facilities for road improvements under AS 29.60.730(b). 2 Sec. 29.60.720. Regulations. The department shall adopt regulations necessary 3 to carry out the purposes of AS 29.60.700 - 29.60.730. The regulations must include 4 minimum road maintenance standards required for eligibility for grant money. The 5 department shall require a municipality to submit a performance report adequate to 6 demonstrate to the department that maintenance was performed by the municipality and 7 that the maintenance meets minimum standards prescribed by regulation. 8 Sec. 29.60.730. Transfer of roads to municipalities. (a) On application to 9 the Department of Transportation and Public Facilities by a municipality, a road, street, 10 or highway located within the boundaries of the municipality may be transferred to that 11 municipality by the Department of Transportation and Public Facilities if, after the 12 transfer, the municipality will qualify for a grant to maintain the road, street, or 13 highway under AS 29.60.700. 14 (b) Within 60 days after receiving a request from a municipality for the 15 transfer of a road, street, or highway to the municipality, the Department of 16 Transportation and Public Facilities shall determine whether the road, street, or 17 highway needs grading, surfacing, or other improvements before it is transferred to the 18 municipality under this section. If the Department of Transportation and Public 19 Facilities determines that the road, street, or highway may be transferred if 20 improvements are made to it, the Department of Transportation and Public Facilities 21 shall make those improvements subject to appropriations for that purpose. Money to 22 carry out this section shall be annually appropriated. 23 * Sec. 3. AS 43.40.010(g) is amended to read: 24 (g) The proceeds of the revenue from the tax on all motor fuels, except as 25 provided in (e), (f), [AND] 0) and m of this section, shall be deposited in a special 26 highway fuel tax account in the state general fund. The legislature may appropriate 27 funds from it for expenditure by the Department of Transportation and Public Facilities 28 directly or as matched with available federal -aid highway money for maintenance of 29 highways, construction of highway projects and ferries included in the program 30 provided for in AS 19.10.150, including approaches, appurtenances and related 31 facilities and acquisition of rights -of -way or easements, and other highway costs SB 264 4- SB0264A New Text Underlined [DELETED TEXT BRACKETED] 0-LS 1232E 1 including surveys, administration, and related matters. All departments of the state 2 government authorized to spend funds collected from taxes imposed by this chapter 3 shall perform, when feasible, all construction or reconstruction projects by contract 4 after the projects have been advertised for competitive bids, except that, when feasible, 5 arrangements shall be made with political subdivisions to carry out the construction 6 or reconstruction projects. If it is not feasible for the work to be performed by state 7 engineering forces, the commissioner of transportation and public facilities may 8 contract on a professional basis with private engineering firms for road design, bridge 9 design, and services in connection with surveys. If more than one private engineering 10 firm is available for the works the contracts shall be entered into on a negotiated basis. 11 * Sec. 4. AS 43.40.010 is amended by adding a new subsection to read: 12 (m) Thirty-seven and one-half percent of the proceeds of the revenue from the 13 taxes on motor fuel used in motor vehicles licensed to be operated on public ways, 14 excluding the amount determined to have been spent by the state in its collection, shall 15 be deposited in a special municipal road maintenance account in the state general fund. 16 The legislature may appropriate funds from this account for grants to municipalities 17 under AS 29.60.700 and for road improvements under AS 29.60.730(b). 18 * Sec. 5. AS 29.60.110(a) is repealed. 19 * Sec. 6. This Act takes effect July 1, 1998. SB0264A -5- SB 264 New Text Underlined [DELETED TEXT BRACKETED] 0-LS 1421 \A SENATE BILL NO. 263 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTIETH LEGISLATURE - SECOND SESSION BY SENATOR TORGERSON, Pearce, Sharp Introduced: 1/27/98 Referred: Transportation, Finance A BILL FOR AN ACT ENTITLED 1 "An Act relating to secondary roads; and providing for an effective date." 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 * Section 1. SECONDARY ROADS. (a) The Department of Transportation and Public 4 Facilities shall adopt regulations establishing design and construction standards for secondary 5 roads that are uniform throughout the state, shall identify unimproved secondary roads, and 6 shall rank those unimproved secondary roads in the order in which they should be upgraded 7 by the department. Standards adopted for secondary roads under this subsection need not 8 conform to those adopted by the American Association of State Highway and Transportation 9 Officials. 10 (b) A municipality may request the Department of Transportation and Public Facilities 11 to transfer to the municipality the ownership of a secondary road or that portion of the road 12 that is within the boundaries of the municipality. If the secondary road meets the standards 13 established under (a) of this section, the department may transfer the road or a portion of the 14 road to the municipality. The department shall give priority to upgrading an unimproved 15 secondary road if the department receives a request for the transfer of that road or a portion SB0263A -1- SB 263 New Text Underlined [DELETED TEXT BRACKETED] 0-LS14211A 1 2 3 4 5 6 7 8 9 10 11 12 of the road to a municipality under this subsection. (c) Appropriations may be made from federal or other funds to the Department of Transportation and Public Facilities for upgrading unimproved secondary roads. (d) For purposes of this section, "unimproved secondary road" means a dirt or gravel road that (1) is dedicated to public use; (2) is used by automotive equipment; (3) is under the control of the Department of Transportation and Public Facilities; and (4) does not meet the standards established under (a) of this section. * Sec. 2. This Act is repealed June 30, 2003. * Sec. 3. This Act takes effect July 1, 1998. SB 263 -2- New Text Underlined [DELETED TEXT BRACKETED] SB0263A Suggested by: Administration City of Kenai RESOLUTION NO. 98-16 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TO AUTHORIZE THE PURCHASE OF AN ELGIN SWEEPER WITH EQUIPMENT REPLACEMENT FUND ASSETS. WHEREAS, the Schedule of Equipment Replacements indicates the purchase of an Elgin sweeper in FY98 for street maintenance; and WHEREAS, this equipment is owned by the Airport Land System Special Revenue Fund; and WHEREAS, the City obtained market value estimates from a dealer in this equipment; and WHEREAS, the price of $50,000 is between estimates of the high price of $62,000 and the low price of $37,250; and WHEREAS, the Equipment Replacement Fund has sufficient assets to purchase this equipment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to purchase the Elgin sweeper from the Airport Land System Special Revenue Fund using Equipment Replacement Fund assets of $50,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of April, 1998. H. RAYMOND MEASLES, VICE MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (3/23/98) kl Suggested by: Administration CITY OF KENAI RESOLUTION NO. 98-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A 1500-GALLON AIRCRAFT RESCUE & FIREFIGHTING VEHICLE TO EMERGENCY ONE, INC. FOR A TOTAL AMOUNT OF $291,530. WHEREAS, the City of Kenai received the following bids for the above mentioned 1500- Gallon Aircraft Rescue & Firefighting Vehicle on March 25, 1998: BIDDER MODEL TOTAL Emergency One, Inc. Titan P101 $291,530 Oshkosh Truck Corp. T-1500 $309,363 plus any applicable taxes WHEREAS, Emergency One, Inc.'s bid meets the bidding specifications, and WHEREAS, this award is contingent upon FAA approval, and WHEREAS, this award is contingent upon Federal and State funding, and WHEREAS, funds are appropriated for this equipment in the Kenai ARFF Capital Project Fund, and WHEREAS, the Fire Chief and the City Engineer recommend awarding the bid to Emergency One, Inc., and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to Emergency One, Inc. for the total amount of $291,530 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a 1500-Gallon Aircraft Rescue & Firefighting Vehicle be awarded to Emergency One, Inc. for the total amount of $291,530. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of April, 1998. H. RAYMOND MEASLES, VICE MAYOR ATTEST: Carol L. Freas, City Clerk, Approved by Finance: Written by Public Works• �-g Suggested by: Administration CITY OF KENAI RESOLUTION NO. 98-18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR A 1500-GPM CLASS A PUMPER TO UNITED FIRE SERVICE, INC. FOR A TOTAL AMOUNT OF $275,356. WHEREAS, the City of Kenai received the following bids for the above mentioned 1500-GPM Class A Pumper on March 25, 1998: BIDDER MODEL TOTAL United Fire Service, Inc. Hurricane CO235M $275,356 WHEREAS, United Fire Service Inc.'s bid meets the bidding specifications, and WHEREAS, the Fire Chief and the City Engineer recommend awarding the bid to United Fire Service, Inc., and WHEREAS, the Equipment Replacement Fund has sufficient assets to purchase this equipment, and WHEREAS, the Council of the City of Kenai has determined that awarding this contract to United Fire Service, Inc. for the total amount of $275,356 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a 1500-GPM Class A Pumper be awarded to United Fire Service, Inc. for the total amount of $275,356, and that Equipment Replacement Fund assets are authorized to be used for the purchase. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of April, 1998. H. RAYMOND MEASLES, VICE MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: - Written by Public Works; Suggested by: City Administrat City of Kenai RESOLUTION NO. 98-19 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE U.S. ARMY CORPS OF ENGINEERS TO IMMEDIATELY REISSUE THOSE NATIONWIDE PERMITS THAT WERE EXCLUDED FROM THE KENAI RIVER COMPREHENSIVE MANAGEMENT PLAN BOUNDARIES IN SPN 97-02. WHEREAS, nationwide permits were put in place to accommodate citizens and businesses needing to make minor intrusions into wetlands; and WHEREAS, these nationwide permits were instituted to expedite the permitting process where the impact of the wetlands intrusion did not warrant the extensive permitting process otherwise required; and WHEREAS, without these nationwide permits utility companies cannot operate in a timely and proper manner in providing service to their consumers; and WHEREAS, without these permits the costs incurred by utility companies could have an affect on the rate base and ultimately the cost to consumers; and WHEREAS, without these nationwide permits citizens are deprived of the opportunity to make minor intrusions into wetlands for properties with single family dwellings without going through a time consuming and more expensive full permitting process; and WHEREAS, these nationwide permits are no longer available to the citizens living in, or utility companies and other businesses working in, the whole of the area encompassed by the Kenai River Management Plan; and WHEREAS, the revocation of these permits affects all wetlands in the Plan Boundary and not just those immediately contiguous to the Kenai River; and WHEREAS, the City of Kenai is surrounded by and has affected wetlands areas within its corporate limits, a large percentage of which are not contiguous to the Kenai River; and WHEREAS, these permits were revoked without adequate notice and information provided to the public in affected areas. Page 1 of 2 Resolution No. 98-19 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that it requests that the U.S. Army Corps of Engineers immediately reissue those nationwide permits that were excluded from the Kenai River Comprehensive Management Plan Boundaries in SPN 97-02; and FURTHER BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI opposes conditions being placed on these permits without public hearing after adequate public notice and information has been provided to the citizens and businesses of the affected area. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of April 1998. H. RAYMOND MEASLES, VICE -MAYOR ATTEST: Carol L. Freas, City Clerk (3/27/98) kh Suggested by: Public Works Administratic -- CITY OF KENAI RESOLUTION NO. 98-20 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $5,500 IN THE GENERAL FUND FOR BUILDINGS OPERATING AND REPAIR SUPPLIES. WHEREAS, through March, 1998, the Buildings Department has spent or encumbered $18,506 of its $21,122 budget in operating and repair supplies for City buildings; and WHEREAS, it is anticipated that an additional $5,500 will be needed this fiscal year; and WHEREAS, money is available to transfer from contingency money budgeted in the repair and maintenance account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Buildings - Repair and Maintenance $5,500 To: Buildings - Operating and Repair Supplies $5,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of April, 1998. H. RAYMOND MEASLES, VICE MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: Rl� (3/27/98) kl KENAI AIRPORT COMMISSION MARCH 12, 1998 Kenai City Council Chambers Tom Thibodeau, Chairman ***AGENDA*** ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - February 12, 1998 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6- NEW BUSINESS a. Discussion - Special Use Permit/Portion of Tract A, General Aviation Apron #2 - Kenai Air Alaska, Inc. b. Discussion - Gift Shop Lease - Jep Hansen, d/b/a Alaska Wild Fin Native Alaskan Gifts. C. Discussion - Airport Management Office/Airport Terminal ITEM 7: AIRPORT MANAGER'S REPORT ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION ITEMS a. Kenai City Council Meeting Action Agenda - February 28, 1998 and March 4, 1998. ITEM 11 • ADJOURNMENT 1. 2. 3. 4. 5. 6. KENAI AIRPORT COMMISSION March 12, 1998- 7:00 p.m. Kenai City Hall Council Chambers Chairman Thomas Thibodeau *** MINUTES *** CALL TO ORDER AND ROLL CALL Acting Chair Knackstedt called the meeting to order approximately 7:00 p.m. Members Present: Ron Holloway, James Bielefeld, Henry Knackstedt, Bonnie Koerber Members Absent: Barbara Edwards, Sandra Hudson, Tom Thibodeau Also Present: Councilman Raymond Measles, Acting Airport Manager Keith Holland, Contract Secretary Barb Roper AGENDA APPROVAL Holland requested an addition to the agenda under New Business, item 6d which is a request for additional space for Budget- Rent-A-Car at the terminal. HOLLOWAY MOVED TO APPROVE THE AGENDA WITH THE ONE ADDITION. MOTION SECONDED BY KOERBER. AGENDA APPROVED WITH THE ONE ADDITION. APPROVAL OF MINUTES - February 12, 1998 Holland requested the last sentence in the first paragraph on page 5 be changed to read, "Holland reported the float plane camping area got some use." HOLLOWAY MOVED TO APPROVE THE MINUTES OF FEBRUARY 12, 1998 AS CORRECTED. MOTION SECONDED BY BIELEFELD. MINUTES WERE APPROVED WITH THE CORRECTION. PERSONS SCHEDULED TO BE HEARD - None OLD BUSINESS - None a. Discussion - Special Use Permit / Portion of Tract A, General Aviation Apron #2 -- Kenai Air Alaska, Inc. Airport Commission March 12, 1998 Page 1 Holland stated the original permit was issued at the request of Kenai Air as they needed some additional parking space next to their hangar. The permit will expire on June 30, 1998. Administration doesn't have any changes and recommends the lease be approved. Holland noted there is ample clause in the contract for cancellation within 14 days in the event the space is required for some other purpose. Knackstedt asked if this was similar to the land use permit approved last month. Holland replied, it's a similar type contract but for a totally different purpose. The area requested is not part of the tarmac, apron or ramp area, it is an undeveloped piece of property that Kenai Air actually did some work in to allow for parking. HOLLOWAY MOVED TO RECOMMEND A NEW SPECIAL USE PERMIT BE ISSUED TO KENAI AIR. MOTION WAS SECONDED BY BIELEFELD. Voice Vote: All in favor - Motion passed unanimously. a. Discussion — Gift Shop Lease - Jep Hansen, d/b/a Alaska Wild Fin Native Alaskan Gifts. Holland reported the City went out to bid for the gift shop lease and the bids were opened on March 5, 1998. Mr. Hansen was the only bidder although six packets were picked up and four or five people showed up for the pre -bid conference. The permit will start on April 1, 1998 and go through March 31, 2003 and is for $550.00 per month. Jep Hansen, owner of Alaska Wild Fin Native Alaskan Gifts, stated he has been in business for four years. He has a shop in Soldotna and also in Anchorage. Hansen reported he is one of the biggest manufacturers of baleen in the State. Hansen described some of the merchandise he proposes to sell from the gift shop which will include some specialty items. Koerber asked if Hansen intended to sell other convenience items such as magazines. Hansen replied, they will sell magazines, USA Today newspapers, t-shirts, hats, Alaska videos. He will not sell candy, gum, or fishing licenses. The hours of operation was discussed and Hansen reported they intend to be open seven days per week for approximately eight to ten hours in the winter and summer. Hansen indicated that he would anticipate his schedule being set to coincide with the airline schedules. Hansen would have two people in the shop during the summer. Airport Commission March 12, 1998 Page 2 Hansen also added that he intended to do engraving right at the shop in the winter. When asked if the space was adequate enough to hold his merchandise and engraving equipment Hansen indicated the space would be sufficient. Discussion took place on the engraver and the type of artwork performed with it. Hansen provided a brochure that gave an indication of the work he performs. Hansen stated that his insurance will be in place very soon and asked about fire insurance. Holland recommended that those issues be discussed with Administration. Hansen will contact Holland to go over the details. Koerber indicated she was pleased to have an established business in the Airport gift shop. HOLLOWAY MOVED TO APPROVE THE GIFT SHOP LEASE TO ALASKA WILD FIN NATIVE ALASKAN GIFTS. MOTION WAS SECONDED BY KOERBER. Voice Vote - All in favor - Motion passed unanimously. b. Discussion - Airport Management Office / Airport Terminal Holland stated this request is being made in order to open an office that is publicly accessible at the airport. Currently the manager's office cannot be accessed through the terminal. The plan is to modify the very far north ticket office. This office has not been leased in the past and it probably would not be in the very near future as two other offices are available for lease. The modifications proposed are minimal in cost and will be able to be reversed in the event the space is needed as a ticket counter. Holland continued, this new space should provide a more friendly atmosphere. Knackstedt asked if there was a real advantage of having the window that overlooks the ramp. Holland explained there is an advantage of being able to view the ramp. Holland continued, the existing Airport Manager's office will remain an office or be used as a conference room depending upon the configuration Administration actually takes with the job changes. Knackstedt asked who would visit the Airport Manager's office during the course of a day. Holland replied, there is not really a constant supply of people that come by but during certain times of the year when parking permits are issued (aircraft, tie - downs, float plane, vehicle parking, etc.) there is a lot of traffic through the office. Holland also indicated there may be some increased traffic with the new mission the City Manager and Council wishes to go with the marketing aspect on the airport. Holland explained the proposed layout of the office area. The small section of counter would be removed Airport Commission March 12, 1998 Page 3 to open up the area. The front portion of the office would be a reception area and the back portion would be used as the Assistant Manager's office and most likely the existing Airport Manager's office will remain as is or be used as a conference area. Holland reported there is no other space available at the terminal for office use other than absorbing one of the ticket counter offices. The issue of expansion in the terminal needs to be addressed in the future. It was noted appropriate signage would be placed to direct the public to the Airport Manager's office. HOLLOWAY MOVED TO APPROVE THE OFFICE SPACE MODIFICATIONS AS OUTLINED. MOTION SECONDED BY KOERBER. Voice Vote: All in favor - Motion passed unanimously. C. Counter Space at Kenai Airport/Budget-Rent-A-Car Holland stated a letter was received from Koerber indicating her desire to lease additional space. The space requested was originally used by the Kenai Visitor's and Convention Center to display photos, etc. The lease would be similar to the lease approved last month to Van Zee. Holland continued, a draft of the lease is included with the request. Koerber was informed of the conditions which include the expiration date of June 30 when all other leases expire and this no way gives her any preference to future leases on this space. That would be up to Council to determine how the spaces are reallocated and leased. Koerber would also receive 15 additional parking spaces and be required to provide 10% of the gross revenues. HOLLOWAY MOVED TO APPROVE THE ADDITIONAL SPACE LEASE TO BUDGET -RENT -A -CAR. MOTION SECONDED BY BIELEFELD. Voice Vote: All in favor - Motion passed unanimously. 7. AERPORT MANAGER'S REPORT Holland stated the enplanement report was included in the meeting packet and pointed out there was an error in the monthly total for February. The correction is highlighted on the report. The Quimby Restaurant was opened on February 20 and they are considering expanding their hours. They are currently open from 8:00 a.m. to 4:00 p.m., they will try to stay open until 8:00 p.m. Airport Commission March 12, 1998 Page 4 8. There was a question at the last meeting about the RVR not being indicated on the approach plates into the Kenai Airport for instrument approach landings. The Kenai tower reports the information was submitted to the FAA and the office that approves and publishes the approach plates are backlogged. It was noted the information was sent in two years ago. The FAA states the GPS approaches have priority. The RVR is operational and is giving out the information to the pilots on their approaches. Holland stated he had a conversation with Knackstedt earlier in the day regarding insurance requirements for exhibitions, displays and contests at the Airport. This issue is still being researched and Holland will attempt to have a report at the next meeting. Barbara Roper was hired as the part-time, temporary assistant at the Airport. Commissioner Bielefeld asked about the employee parking lot as it has been fairly full lately. Holland replied, efforts are being made to provide all employees with a parking permit. This should provide better control in the parking lot. Bielefeld stated, with regard to insurance for events, some groups have their own coverage and there are ways of getting affordable insurance as long as there are no aerobatics. Holland clarified the question came up during the discussion of the grand opening for the gravel strip and taxiway and he wanted to check on the status of the City's insurance to assure there were no restrictions. Bielefeld thought it would be difficult to plan anything with the regular scheduled airline service and having to shut things down in the summer. Holland stated it was a different concept that needs to be researched to find out the parameters and limitations, etc. Knackstedt didn't think the strip would affect the commuters. It was suggested that some formal discussion take place prior to any events. Bielefeld stated the Oshkosh Air Show is the largest in the world and is done without interrupting regular service, however, it is very, carefully orchestrated. Commissioner Knackstedt asked about the status of the Granite Point gate. Holland reported the Granite Point gate is back in service and the FBO gate is operational but one of the safety edges isn't functioning properly. The part has been ordered as well as some spare parts. Discussion took place on the gates and whether or not they are more trouble than they are worth. Holland indicated the gates are working fine after the initial problems were worked out. Knackstedt asked about the status of the smoking areas and whether or not there is something in the budget for rectifying the problem. Holland reported Airport Commission March 12, 1998 Page 5 the problems in the terminal smoking area can be resolved by relocating the exhaust vents into the area the smokers use. The air would be drawn from other areas of the terminal and exhausting from that point. The employees' smoking area is more complicated because it's difficult to tell the employees they can't smoke in the back baggage area nor can they leave their job site to go to the smoking area in the terminal. A place needs to be provided to those employees and the only available area at this time is the back baggage area. Discussion took place on exhaust in that area. Holland reported there is no exhaust in the area other than the doors that are opened constantly. Knackstedt asked if the gravel strip would be closed after the tower hours. Holland stated he could not say that the strip will not be closed during the hours of darkness but it needs to be researched. Knackstedt felt the wording used for the float pond doesn't say the area is closed at all, it just states who controls it during control hours. Holland stated the float plane basin is a little vague. It was noted in the summer it stays light for quite a while after the tower is closed. Holland reported there has been a lot of recent research for landing systems that use low light reflective cones. They're actually developing some approach systems for airports that are not lighted. The cones purchased for the gravel strip have reflective tapes on them and are color coded. Discussion took place on use of the gravel strip after the tower closes and it was suggested the wording "use at your own risk" after the tower closes be considered. Discussion took place on the gravel strip maintenance during the winter for ski operations. It was noted a ski strip needs to be clean and clear without gravel or sand. Holland stated, it will be a learning process to determine what will work. Various grooming methods were discussed. 9. PERSONS NOT SCHEDULED TO BE HEARD - None 10. INFORMATION ITEMS a. Kenai City Council Meeting Action Agenda - February 28, 1998 and March 4, 1998. 11. ADJOURNMENT HOLLOWAY MOVED TO ADJOURN. MEETING ADJOURNED AT 7:55 P.M. Respectfully Submitted, 4B82ra Roper, Con act Secretary Airport Commission March 12, 1998 Page 6 T -C CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS March 11,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 25,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. 98-07—Variance Permit (Oversize Sign with Internal Lighting) -Lot 1, Grace Brethren & Beck Property Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska. b. PZ98-08—Variance Permit (Oversize Sign) —Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska. c. PZ98-09-Conditional Use Permit (Retail Business�—Lot 8, Block H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. 7. NEW BUSINESS: a. Lease Application - Tract B, Gusty Subdivision #6 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Conditional Use Permits - 1995 to 1997 b. Memo from Councilman Smalley dated 2/26/98 c. Planning Commissioner Training Information d. Chumley Appeal Decision 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION March 11, 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, Ron Goecke, Barb Nord, Karen Mahurin Members Absent: Phil Bryson, Teresa Werner-Quade, Michael Christian Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: - February 25, 1998 MAHURIN MOVED TO APPROVE THE MINUTES OF FEBRUARY 25, 1998. MOTION SECONDED BY GOECKE. MINUTES OF FEBRUARY 25, 1998 WERE APPROVED AS WRITTEN. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: - None 6. PUBLIC HEARINGS: a. 98-07 — Variance Permit (Oversize Sign with Internal Lighting) — Lot 1, Grace Brethren & Beck Property Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska. GOECKE MOVED TO APPROVE 98-07. MOTION WAS SECONDED BY NORD. Planning & Zoning Commission March 11, 1998 Page 1 Glick requested clarification on the sign code and asked if the frame was included in the size of the sign. Kebschull confirmed the frame is included. It was pointed out the sign would be 40 sq. ft. Chris Hay, 1509 Randy Way, Kenai, Alaska spoke in favor of the variance and understood the difference in measurement. Hay reported the existing sign is approximately 15 years old; it looks dated and shabby; it's crooked; the legs are rotting; and, is high maintenance. The new sign is not that much bigger than the old sign, however it is configured differently and would be more vertical than horizontal. The new sign will be cleaner, crisper, more up to date and will give a better presentation of the church. Hay believed the new sign would be more attractive on the road side of Spur Highway and for the reasons mentioned, Hay is in favor of the variance. Mahurin asked if there was a reason why the sign had to be bigger than what the ordinance allowed. Hay replied, the sign is pre -manufactured and the next size is about 3 x 5, which is a lot smaller. The manufacturer does not make 4 x 8. Glick confirmed the sign is not custom made. Hay pointed out the face of the sign will be custom but the frame is standard sized. The manufacturer doesn't know what the code is here as it is being made out of state. Hay continued, if they could get a 4 x 8 sign they would to eliminate having to get a variance. Janine Espy, 403 McCollum Drive, Kenai, Alaska stated she received a notice from the City of Kenai about the sign application and, as a member of the neighborhood, was in attendance to speak in favor of the sign. Espy explained where she lived in relationship to the church. The church address is 406 McCollum and her address is 403, her driveway faces the church, directly across from McCollum Drive. Espy continued, she had a couple of reasons for being in favor: the church yard and building have always been well kept and maintained, adding to the attractiveness of the neighborhood. Last year fresh paint was added to the building and the new concrete added to the walkway. This shows the members of the church have the desire for upkeep and an attractive appearance. The sign would be in keeping with the already established attractiveness the church offers to the neighborhood. Another reason is because Espy often uses the church as a landmark when giving people directions to her home and the sign would add to her ability to do that. Espy's last reason is that she has two children who attend Kenai Middle School and two who attend Kenai Central High School. Their safety in using the intersection at McCollum Drive and the Kenai Spur Highway, whether on foot or in a vehicle, is always of utmost concern and Espy did not believe the sign would hinder their safety when they use the intersection as they will still be very visible to traffic from all directions. Espy reiterated that she was in favor. Planning & Zoning Commission March 11, 1998 Page 2 Kathleen Beck, 9200 Kenai Spur Highway, Kenai, Alaska is in favor of the sign. Her home is directly beside the church facing the highway. The sign they have now is old, the legs are reinforced so it really needs to be replaced. Beck believes with the new sign, which is lighted, it will be better controlled so it won't fall over. There are children there, the bike path is there, and it would be a better safety feature here in Kenai. Glen McCollum, Sr., Kenai, Alaska is in favor of the sign. McCollum stated the first place he looks when he gets up in the morning is out the window where he can see the old sign and he would just as soon see a nice, new, modern sign there. That is the one and only reason. Public Hearing was closed. Glick stated that ordinarily he would vote against a variance for signs as he had done in the past but last year the Commission did vote for a variance for a church a mile down the road from this one. In light of that, Glick stated he would have to be in favor for this one. However, if it was a very large sign he couldn't be but for a few feet and the reasoning behind it, he will vote in favor. Mahurin asked for clarification on the objection which was on the back of the sign page included in the packet. Mahurin indicated that she could not read the name or what was written and asked if staff had the original to read from. Kebschull reported she did have the original and it appeared the objection was from Gerald Eidem of 331 Camelot Place, Anchorage, Alaska. Kebschull read the objection; "I totally object, do not approve, 1) I totally object, no signs need to be along the public highway; 2) the increased size matches the typical electronic computer controlled message system Anchorage Baptist Temple tried to use in Anchorage and neighbors in force demanded said sign not be allowed, the variance was denied; 3) churches already have steeples, crosses and signs on their building, none is needed along highways." (End of objection) Glick asked for verification that the address was Anchorage. Kebschull replied, yes, but Eidem owns a lot across the Spur Highway from the church and it is Lot 6 (Kebschull pointed out the lot on the map she had on hand.) It was unknown whether the lot was vacant or had trailers on it. Mahurin pointed out the picture of the sign said it would be double - sided and internally lit. Mahurin asked Pastor Hay to describe what internally lit meant, Leds the whole sign lit up or just the lettering. Hay answered, the sign face is made of Lexan plastic, the color is maroon and Planning & Zoning Commission March 11, 1998 Page 3 the lettering will be white. Inside the sign cabinet will be flourescent tubes so the lettering and maroon color would shine more brightly from both sides. Nord stated that since there was just one objection and three neighbors favoring the variance, she would have no objection to passing it. Mahurin pointed out that she was having a problem with it and noted the Commission approved a variance for a church down the road but it was for a different situation. The sign had to come down because of road improvements and it was going right back where it was and was the same size. Glick reported the sign was new and larger. Mahurin continued, she had a problem with big electric signs, particularly along the highway. However, she is in a quandary because none of the neighbors seemed to object and if the neighbors don't object, that's the basis on which it should be approved. However, Mahurin pointed out she was still mulling it over. Goecke indicated that he was going to vote in favor of the variance, but when he first saw it, he was concerned the church was asking for a larger sign to which some people object, but the neighbors in attendance did not object. Goecke pointed out that on the other end of this same subdivision the Commission has gone through two big, long, drawn -out meetings for somebody that wanted to commercially develop a couple lots. Goecke continued, up until he came and saw that there was nobody in attendance to object to the variance, he was also in a quandary but he would vote for it. Mahurin shared Goecke's feelings and realized they were talking apples and oranges but were still talking a fruit basket because it is the same neighborhood. Additionally, the neighbors have been very clear to the Commission that there are rules and to abide by them and she supports that. However, part of her dilemma before coming to the meeting was knowing the history of the neighborhood and how the neighbors have fought to maintain the original zoning. Mahurin pointed out she does not like variances as she likes to go by the rules so she will feel safe in voting no because she knows there will be three commissioners voting yes. Mahurin wanted to go on record as voting no for those reasons and hoped that her concerns were understood. Goecke asked for an At Ease. Chairman Glick granted an At Ease at approximately 7:35 p.m. Meeting resumed at approximately 7:40 p.m. Glick pointed out an amendment was required as the application was for 35 feet and the actual size is 40 feet. Planning & Zoning Commission March 11, 1998 Page 4 GOECKE MOVED TO AMEND THE MOTION BECAUSE THE ACTUAL SIZE OF THE SIGN WITH THE FACE AND FRAME IS 40', THE REQUEST WAS FOR 35', THE MOTION SHOULD BE AMENDED TO APPROVE A 40' SIGN. MOTION WAS SECONDED BY NORD. VOTE (Amendment) BRYSON Absent GOECKE Yes MAHURIN Yes GLICK Yes WERNER-QUADE Absent NORD Yes CHRISTIAN Absent MAHURIN MOVED TO CONTINUE THE VARIANCE REQUEST TO THE MARCH 25, 1998 MEETING. MOTION SECONDED BY GOECKE. WERNER-QUADE Absent MAHURIN Yes CHRISTIAN Absent GLICK Yes NORD Yes GOECKE Yes BRYSON Absent CONTINUANCE PASSED - the item will be discussed again at the March 25, 1998 meeting. Glick pointed out there should be a full Commission at that time. If there was one No vote now it would not pass as four votes are required. b. PZ98-08 — Variance Permit (Oversize Sign) — Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska. NORD MOVED TO APPROVE PZ98-08. MOTION SECONDED BY GOECKE. Dan Pitts, 403 N. Willow, Kenai, Alaska was speaking for his wife, Reann Pitts, who requested the variance. After further figuring and downsizing of the sign, Mr. Pitts believed they could come within the ordinance standards and requested the application for a variance be withdrawn. Pitts continued, their plans are to put in a Tesoro convenience store sign and remove all other free standing signage on top of the canopy and around the area. Kebschull informed Pitts that the Tesoro sign he thought was 32 sq. ft. is actually 48 sq. ft. so a variance is still required. The sign was measured by the City's building official. Kebschull referenced the drawing included with Pitts' application and stated when they decided to Planning & Zoning Commission March 11, 1998 Page 5 downsize one of the 8 x 8 signs to 3 x 8 and if the Tesoro sign was 32 sq. ft. that would have brought them to 152 sq. ft. which is below what is allowed but they would have to remove all the other signs. Kebschull continued, the total square footage is 168 which includes the 48 sq. ft. Tesoro sign, the two 8 x 8 signs and the 3 x 8 sign. Pitts confirmed their plan to put the Tesoro shield sign on top, followed by the 8 x 8, the 4 x 8 and the 3 x 8. Pitts reported that he called American Sign and they told him the sign was 32 sq. ft. but apparently that is incorrect. Kebschull reiterated that the Building Official measured the sign. Mahurin asked Pitts if the Commission was still being asked to approve the plan as submitted. Pitts replied, he would like to keep the other signs so would like to amend the variance and not withdraw it. The request is for 14 sq. ft. Mahurin asked for clarification on the wording included on the drawing attached to the application: is the word "Message" and not "Massage". Pitts confirmed the word is "Message". Nord requested that Pitts repeat the size of signs. Pitts answered, there will be an 8 x 8 reader, a 4 x 8 price sign, a 3 x 8 liquor sign, and the Tesoro shield which is 48 sq. ft. Glick asked if the request was downsized from the original 16 sq. ft. over to 14 feet over. Pitts confirmed that was correct. Nord asked staff about the 6 x 8 measurement of the Tesoro sign since square footage is cut off at the bottom and there is no frame around it. Kebschull replied, the sign is viewed as a rectangle and the trigonometry is not used to figure out the angles. The measurement is made from the highest point to the lowest point and side to side. Nord asked who makes the determination on how to measure a sign. Kebschull answered the building official makes that determination. Goecke stated he was going to ask the same question that Nord did and he guessed that the manufacturer of the sign has taken into account the arc on the bottom and removed that amount of square inches and that is where they came up with the 32 sq. ft. Goecke thought their interpretation differs from the building officials so the information Pitts got is probably correct. Glick indicated that the item needed to be amended. Planning & Zoning Commission March 11, 1998 Page 6 C. Mahurin stated considering the previous action she would recommend the same course of action for this situation. MAHURIN MOVED TO CONTINUE PZ98-08 TO THE MARCH 25, 1998 MEETING. MOTION SECONDED BY NORD. VOTE (Continuance) NORD Yes GOECKE Yes BRYSON Absent GLICK Yes MAHURIN Yes CHRISTIAN Absent WERNER-QUADE Absent Glick stated that he hoped this action didn't inconvenience Pitts too much but there will be a full Commission on March 25, 1998. Mahurin stated that in fairness to the applicant, she would have voted No which would have killed the permit and she wanted Pitts to have the benefit of a full Commission to have a more democratic process. PZ98-09 — Conditional Use Permit (Retail Business) — Lot 8, Boock H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ98-09. MOTION WAS SECONDED BY NORD. Vicki Fruichantie, P.O. Box 2266, Kenai, Alaska - the physical address is 5040 Beaver Loop Road, Kenai, Alaska. Fruichantie stated when one thinks of a retail business it is thought of as a store and basically inside the building they are requesting the permit for what will be a store but the outside appearance it will resemble a shed. Fruichantie submitted photos and a drawing of the location to give a clear indication of what is planned and pointed out the siding and paint on the building will match that of the house. The appearance will still be of a rural residential area and it will not look like a store. Fruichantie stated the pictures were being submitted to show how it looks now and pointed out the fence along the left side. She indicated the fence is in disrepair and will be replaced as part of the work to go along with the business and the overall appearance. The fence will be chain link but will help the appearance. Fruichantie indicated the neighbors won't be able to see the new building. Tom Fruichantie, 5040 Beaver Loop Road, Kenai, Alaska stated they are wishing to start a business on Beaver Loop. It is not so much a full Planning & Zoning Commission March 11, 1998 Page 7 time business as a 9 to 5 business, it's going to be concentrated more in the atmosphere of a garage sale. Fruichantie stated he likes to go out shopping garage sales to accumulate merchandise. The shop would be run on weekends from 9 a.m. to 5 p.m. and possibly 10 a.m. to 4 p.m. on the weekends. Fruichantie indicated that he is open to limitations to be put on the business. He reiterated they will construct and paint the building to match their house. The new fence would possibly be ten feet high with the slotted chain link so it can't be seen through so the neighbors wouldn't have to visualize people coming in and out of the parking lot. Fruichantie also stated that he lived there for eight years and there are other businesses operating off of Beaver Loop, including gravel quarries, pits, dirt, etc. All summer they had to deal with dump trucks and equipment up and down the highway and their business may result in some increased car traffic. The business will not be a major store or warehouse where a lot of traffic would be generated. Fruichantie stated his parking facility could actually hold 12 cars at one time. Fruichantie indicated there was some concern with the salmon stream behind his house. There is over 300 feet of staked property line and the building is only 24 x 48 but if a limitation needs to be put on to prevent them from expanding, Fruichantie stated he would be willing to do that. Mahurin asked if the maker of the motion wanted to include staff's recommendation or is approved as submitted. Goecke noted it was to approve as is. MAHURIN MOVED TO AMEND PZ98-09 TO REFLECT THAT ANY CHANGES OR MODIFICATIONS TO THE STATED PLAN MUST COME BACK TO THE PLANNING AND ZONING COMMISSION FOR REVIEW. Goecke stated that was already included in the main motion. Mahurin pointed out when she asked the question she was told it did not. T. Fruichantie stated they were definitely planning on a building permit to make sure it is suitable. Glick determined the Motion to amend was in order. MOTION WAS Vote (Amendment) GOECKE MAHURIN BY GOECKE. Yes NORD Yes Yes CHRISTIAN Absent Planning & Zoning Commission March 11, 1998 Page 8 BRYSON Absent WERNER-QUADE Absent GLICK Yes MOTION TO AMEND PZ98-09 PASSED UNANIMOUSLY. Vote (Main Motion) NORD No MAHURIN Yes CBRISTIAN Absent BRYSON Absent WERNER-QUADE Absent GOECKE Yes GLICK No MOTION FAILED. Kebschull pointed out the Fruichantie's had the right to appeal to City Council and it would need to be filed in writing. V. Fruichantie asked if they were allowed to know why there were no votes. Nord stated she did not have a problem explaining why she voted no. The zone is residential and there have been Conditional Use Permits granted in the past for that area for certain things or home occupation permits. What they are asking for is a Conditional Use Permit but it's more for a retail business than it would be for something that she sees in that particular area as ongoing, for instance, bed and breakfasts. Nord continued, she has been on the Commission since October of 1996 and has seen very few permits granted in residential areas for retail businesses and that is one of the reasons she voted no. Nord pointed out there were no neighbors at the meeting and didn't know why there weren't any complaints regarding it. Nord reiterated the Fruichantie's have the right to appeal. Kebschull indicated she will be sending the Fruichantie's the information regarding the appeal process. Verbatim Begins T. Fruichantie how do we go about finding the reason why we're denied and why people such as ah... well there's a paint shop I know that went into business, I don't know if they went about it legally but I know that there's a painting business being run in there. I know that... the dump trucks that I've had to put up with over the years, you know, I mean, you call this residential, at midnight I've had to put up with for the last two summers, dump trucks racing up and down this road, from 6 a.m. to midnight. Glick, well if there's a paint shop back there it's probably not legal because I don't know of any that have ever gotten a license for a paint shop, so you have ah... Planning & Zoning Commission March 11, 1998 Page 9 7. S. T. Fruichantie: Triple A Auto Body, they're got a listed phone number, they're located on Beaver Loop. There's a numerous businesses on Beaver Loop. You know, it's not there's two businesses, the Beaver House I realize has been there a long time, ah, by the next meeting I'll have a list of every business on Beaver Loop too. Glick: Okay but it's after the fact here, you will have to bring that up with your appeal to City Council. T. Fruichantie: Right, thank you. Verbatim Ends NEW BUSINESS: a. Lease Application — Tract B, Gusty Subdivision #6 GOECKE MOVED TO RECOMMEND THE CITY ENTER INTO A LEASE ON TRACT B, GUSTY SUBDIVISION #6. MOTION SECONDED BY MAHURIN. Glick pointed out this is already being used for trailer storage and the lease is for ten years. The Commission would just be approving a new lease for the same thing it is being used for now. Vote MAHURIN Yes BRYSON Absent GOECKE Yes GLICK Yes MOTION PASSED UNANIMOUSLY. OLD BUSINESS: - None 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council: None CHRISTIAN Absent WERNER-QUADE Absent NORD Yes Councilman Smalley made the following report based on the agenda included in the meeting packet: Planning & Zoning Commission March 11, 1998 Page 10 Item B-1, Brad Shuh spoke to Council regarding the Kenai market maps (Smalley pointed out a map on the wall in Chambers). Shuh wanted to meet with the City to see how many properties the City wanted to pay to place on the map. Basically the motion was to approve one payment and he would work with the City Manager to get as many City buildings on the map. Generally it is one building for one fee but the City has come up with about seven or eight buildings they would like to see noted. Under Public Hearings, C-1 passed with one abstention. This is a piece of property the City determined was not needed for public use. It was noted the property is in Soldotna. Item C-4, bid to Kenai Chrysler for a I/2 ton Sport Utility Sport Vehicle was approved. The original budgeted amount was a suburban for $35,000 so this particular vehicle was a savings. Item C-5 was a grant. There are so many points that you could fall into a certain category and in this case the grant was called Disadvantaged Assistance Grant for drinking water. The amount is $300,000 and is a 50/50 matching grant. He added, the City could use other existing monies left over for other projects to meet its 50% of the grant. There will be a light meal served at the Planning & Zoning work session scheduled for March 25, 1998. Council members have been asked to attend. The dip net fishery was discussed at the council meeting and a public work session will be scheduled to discuss cost, etc. The State is working with the City to provide more enforcement and garbage bins. Item 12-d in the packet is the decision from the Board of Adjustment appeal. This is also included on the City's web page. Nord asked about the drinking water grant. Smalley answered, it's a criteria and a category on a grant. It is not because there are a number of disadvantaged people and has very little if nothing to do with it at all. It just happens to be the title of the grant and the City qualifies by a certain number of something. Smalley reiterated, the grant had nothing to do with disadvantaged individuals. b. Borough Planning - No Report C. Administration: Kebschull reported that she will not be at the March 25, 1998 meeting but the City Engineer, Building Official and the City Attorney will attend. Council has been invited to attend. Planning & Zoning Commission March 11, 1998 Page 11 Item 12-a in the packet is some research done to provide the Commission with a list of all Conditional Use Permits issued from 1995 through 1997. Kebschull indicated that a database is being developed which will contain as much of the old records so such searches can be made when necessary. It is hoped to eventually be able to search by area, zone, etc. The City Attorney is finalizing his review of the home occupation permit. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Conditional Use Permits - 1995 - 1997 b. Memo from Councilman Smalley dated 2/26/98 C. Planning Commissioner Training Information - if anyone is interested in attending they are asked to contact Kebschull as soon as possible or before April 1. d. Chumley Appeal Decision 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord reported she was a little uncomfortable voting no on the last permit (PZ98-09). Nord stated she took a drive to that area and found it is a very busy street. When she turned around she had to wait for about two minutes as five cars had passed. Nord stated she looked at the Fruichantie's lot and they don't have an awful lot of room between their house and their driveway for turning around. Nord continued, besides it being residential, there are several duplexes or four-plexes on one side with children and that is of concern. Nord added, she gets nervous when having to defend her position sometimes and it doesn't come out exactly coherent so this needs to be on record. Commissioner Goecke thought the Commission may have sent a wrong message with regard to that particular issue (PZ98-09). In the information provided by staff on Conditional Use Permits, two rural residential retail businesses were approved, one on 12 / 11 / 96 and the other on 5 / 14 / 97. One was a retail greenhouse and the other a retail flower sales. There is another greenhouse within approximately '/2 mile from the Fruichantie's which has been there for about the same amount of time. It was noted that particular greenhouse was on native land. Goecke expressed concern the Commission may not be following their own footsteps because the two included in the information provided are both in rural residential zones. They're not on Beaver Loop Road but they are rural residential and there were no objections from anybody. Goecke felt the Commission is failing to follow their own guidelines. Planning 8& Zoning Commission March 11, 1998 Page 12 Commissioner Mahurin reported that she will be flying in from Washington DC on March 25 and should arrive by 4:00 p.m. She is planning to be here on time for the 6:00 p.m. work session but asked for indulgence should she be late. Mahurin stated she understood that Mr. Chumley had applied for a Conditional Use Permit after he modified his proposal that went to City Council. Mahurin continued, she further understood that it is scheduled for hearing on March 25, 1998 and she was wondering if the Commission has any right to ask to have that scheduled at the next meeting in April rather than the March 25, 1998 meeting. Kebschull responded, the City had at least two individuals from the public contact them in that regard. Kebschull explained, basically when an individual applies for anything through Planning and Zoning the date it is received is noted and they are scheduled for whatever meeting that fits into the guidelines. Once a meeting is scheduled (and this one has been scheduled), public hearing notices are mailed and the information is provided to the newspapers. The hearing needs to be held and the only way it couldn't be held is if there was no quorum. Then it would be continued to the next meeting. The other alternative is to begin the public hearing and ask that it be continued to the next meeting. Kebschull pointed out meetings are not scheduled to the City's convenience but are scheduled according to guidelines. Smalley reported as a point of clarification, the applicant that bought the appeal to the City did not change the permit. He wanted the City to make a modification change and Council elected not to so. There was no amended request. Glick noted his understanding is that Council looked at the original application and it was denied. Smalley confirmed that was correct. Glick asked then if the applicant was coming back with a modified application. Smalley confirmed that was also correct and pointed out there are comments from the City Attorney that speak to modifications. Mahurin indicated that she appreciated that because she had not read the appeal, she just knew that it had been denied as submitted and it was based on the original. Mahurin stated, she appreciated that Nord explained why she voted no, however, in this case even though the zoning is rural residential, it's always been commercial and there used to be a laundromat there. Mahurin continued, she hoped the applicants do appeal to City Council because this is one time that she would urge City Council to overturn the decision because, as Mr. Goecke stated, the reality is a little bit different here. Mahurin also stated she was comfortable in continuing the two sign variance requests because she would have voted no on both and that would have killed them which is not a fair process when there are only four Commissioners. Planning & Zoning Commission March 11, 1998 Page 13 Goecke, for his own benefit, was hoping that one of the no votes would reconsider but if that were done that would only delay it until the next Planning and Zoning meeting. Goecke added, if it was voted down again, it would make them go to Council following that. Perhaps it is just as well that it not be reconsidered. Smalley suggested that Planning and Zoning request that Administration check on Triple A Auto Body and other potential businesses in the Beaver Loop area. Kebschull reported that was noted and will be checked on. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:05 P.M. Respectfully submitted, � Gz�c Barbara Roper, Co tract Secretary Planning & Zoning Commission March 11, 1998 Page 14 T'V HISTORIC DISTRICT BOARD March 16, 1998- 6:00 p.m. Kenai City Hall Council Chambers *** WORK SESSION *** 1. CALL TO ORDER AND ROLL CALL Chairperson Gray called the work session to order at approximately 6:10 p.m. Members Present: Dorothy Gray, Cecelia Richard, Ethel Clausen, Michael Huhndorf, Members Absent: Bill Kluge, Gloria Wik Also Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper Gray stated the purpose of the work session is to attempt to finalize the rough draft of the Preservation Plan. There were five items highlighted in the outline that required attention. Item 7: Procedure for nomination for future historic sites: The nomination process was discussed and it was decided the procedures provided at the last meeting would be utilized with the following paragraph included at the beginning: An individual property owner may choose to nominate his or her own property (property and/or buildings) to the National Register of Historic Places. The Historic District Board is willing to assist property owners in this process prior to the required local review (see pages 183 through 185 of the Survey for details) of the State Office of History and Archaeology as outline below. Richard asked where an individual may obtain an application form to nominate his/her property. Kebschull replied, the Preservation Plan will be on file at the City offices and the Library. One of the purposes of being a Certified Local Government is to provide information to the public. It was also pointed out the nomination form with instructions is included in the Survey. Historic District Board Work Session March 16, 1998 Page 1 Item 9 Item 10: Kebschull indicated that she will begin to compile all the information from the Preservation Plan and have it located in one file. Gray suggested that the name "Judith Bittner" be removed from the attached page of the nomination procedure so that it wouldn't have to be updated should she resign or retire as the State Historic Preservation Officer. It was decided that just the position title will be used. Historic Preservation Education for the Community: Discussion took place on the walking tour and it was determined that too much emphasis was put into detail when the walking tour did not have to be included as part of the Preservation Plan but could be included as an Appendix. It was noted that having an Appendix section of the Preservation Plan would allow additions and deletions if required. Gray also pointed out that the State Preservation Plan was very general. The walking tour would be included as an Appendix. After discussion it was decided the following paragraph will be included to Item 9: The Historic District Board is charged with educating the community about its cultural resources. The following historic themes represent current and future education projects. Dena'ina Building Tradition: A.D. 1000-1890 Russian Exploration and Fur Trade: 1741-1866- The Russian Orthodox Church: 1841-1906 (Extant properties, 1881-1906) United States Purchase of Alaska, 1867: Fort Kenay, 1869- 1870 Early Community Building Era: 1889-1925 Kenaitze Subsistence: 1900 - 1941 Federal Programs for Agriculture and Sustainable Resource Management: 1898-1958 (extant properties, 1935-1958) Post War Community Growth: 1948-1958 Post Statehood Development: 1959 - 1996 The appendix of this document will contain educational materials as they are developed. Development recommendations The Board reviewed the document provided by Kluge at the last meeting and several changes were made. The document will now read as follows: Historic District Board Work Session March 16, 1998 Page 2 The historic district must be an alive, inviting, and active place to assure historic preservation. Development of the Townsite Historic District (TSH) should be promoted to assist in this historic preservation. Well - planned development can spur the economics and interest that promote action. The City and its citizens are in the best position to kindle that development by encouraging and supporting the following concepts: • Implementing a master plan for TSH that has among its goals and objectives historic exhibits. This may require land swaps of City property to obtain parcels of land to accommodate the master plan. • Providing more greenbelt common areas with developed connecting pathways, preferably along view areas. • Consider providing tax incentives to develop economic enterprises in THS. • Continuing the upgrade of streets with street signs and lighting of uniform design to provide more visual unity in the district. • Continuing participation with the Visitor's Center in developing and publicizing the walking tour and specific exhibits in the Center. • Enforcing the Townsite Historic Zoning District ordinance to assure buildings, signage and other improvements are in keeping with a historic setting. • Continuing to landscape the City properties by keeping the area litter free and well groomed. Item 12: Statement of public sector's responsibilities toward city -owned historic resources (such as parks, streets, public buildings, etc.) The Malanaphy information was discussed. Item C of his report referenced a certificate of appropriateness and it was unclear what that meant. The work session adjourned at 7:00 p.m. and will resume after the regular Board meeting. Work Session resumed at 8:40 p.m. Discussion continued on Item 12. Gray thought that Section 12 was intended to be more of a partnership with the community. After a lengthy discussion it was decided Historic District Board Work Session March 16, 1998 Page 3 Item 12 will include the following: In order to foster strong community relationships and strengthen historic preservation, the Historic District Board adopts Goals 2 and 4 of the Alaska State Preservation Plan which specifies the following: Support and strengthen local historic preservation efforts Encourage Alaska Natives to identify concerns and develop strategies to protect their cultural resources. Encourage nonprofit statewide organizations, including the Alaska anthropological Association, Alaska Association of Historic Preservation, Alaska Historical Society, Keepers of the Treasures — Alaska, and Museums Alaska to promote historic preservation. Foster stewardship of cultural resources by public agencies and private individuals and groups. Use emerging technologies to improve communication among organizations and individuals interested in historic preservation. Review development projects to protect cultural resources. Review emergency response laws and plans so that cultural resources receive maximum protection in the event of a disaster. Promote the role of local preservation programs in efforts to maintain and enhance a community's character. Promote incorporation of preservation issues in plans Item 13: Agenda for future action/projects (5 Year Plan/ 10 Year Plan) It was decided the title of item 13 will be changed to "The Procedure for Annual Review and Future Planning. The list for the Preservation Plan appendix was discussed and it was decided items would include the brochure which lists the Alaskan Cultural Resources Organizations and other State programs that are available; local support groups, i.e., EDD, Kenaitze Indian Tribe, etc; reference materials, books and authors. Kebschull noted the majority of the Preservation Plan is the Survey and rather than take the sections out of the Survey she recommended they just be referenced. If the Historic District Board Work Session March 16, 1998 Page 4 sections are copied the Survey would lose its integrity as a working document. A copy of the Survey and the Preservation Plan is available at the Library, City offices, and the Visitor's Center. It was noted the Preservation Plan, in its final form, will be provided to the State. Work session adjourned at 9:00 p.m. Respectfully submitted: Cte- L� 2 iz- Barbara Roper, Contract Secretary Historic District Board Work Session March 16, 1998 Page 5 HISTORIC DISTRICT BOARD March 16,1998 - 7:00 p.m. *** AGENDA*** Kenai City Hall Chair Dorothy Gray 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 17, 1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: a. Kathleen Tarr, Executive Director, Kenai Visitors & Convention Bureau, Inc. 5. HISTORIC BOARD REVIEW: 6. NEW BUSINESS: a. Preservation Week — May 10 to 16, 1998 7. OLD BUSINESS: a. Preservation Plan b. 1998 Goals & Objectives c. Walking Tour Brochure d. Gold Rush Commemoration e. Hansen Park Historic Signs f. Visitor Center Old Town Exhibit g. Research Battle of Kenai h. Historic Library 8. REPORTS: a. City Council b. Administration 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 10. BOARD QUESTIONS AND COMMENTS: 11. INFORMATION: a. National Trust for Historic Preservation Information dated 2/27/98 b. Heritage Preservation Services website information c. Letter dated 2/2498 to Kathleen Tarr d. Letter dated 2/24/98 to Judith Bitter e. National Trust for Historic Preservation Tax Credit Information 12. ADJOURNMENT: 1. 2. 4. HISTORIC DISTRICT BOARD March 16, 1998- 7:00 p.m. Kenai City Hall Council Chambers Chair Dorothy Gray *** MINUTES *** CALL TO ORDER AND ROLL CALL Chairperson Gray called the meeting to order at approximately 7:00 p.m. Members Present: Dorothy Gray, Cecelia Richard, Ethel Clausen, Michael Huhndorf, Members Absent: Bill Kluge, Gloria Wik Also Present: Councilman Joe Moore, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper APPROVAL OF AGENDA Gray requested that Item 3 be postponed until Item 4 is complete. AGENDA WAS APPROVED WITH THE ABOVE NOTED CHANGE. PERSONS PRESENT SCHEDULED TO BE HEARD a. Kathleen Tarr, Executive Director, Kenai Visitors & Convention Bureau, Inc. Gray explained when the Historic District Board was establishing the goals and objectives for 1998 one item of importance was community education and possibly suggesting some ideas to the Visitors Center to include different types of exhibits. Gray continued, one main item identified is the centennial of the gold rush and the Board would like an exhibit showing Kenai as being the first place where gold was discovered in Alaska. The purpose of inviting Tarr to the meeting was to develop some type of collaboration between the two groups in setting up some type of commemorative project. Discussion took place on the gold rush and Tarr indicated the Center would be interested in having some type of exhibit. Suggestions included the following: Keep the exhibit small as the Center has a lot of activities planned through the summer. Historic District Board March 16, 1998 Page 1 Place an advertisement in the paper requesting photographs, maps, clothing, diaries, journals, lanterns, gold pans, pokes, etc., be loaned to the Visitors Center for the display. Gray will write the advertisement. Kebschull indicated that funds were available for advertising. Rather than have individuals take their items to the Visitors Center they will contact Richard or Huhndorf and they will make arrangements to get the material. Have videos, films, or slides available for viewing at the Visitors Center. Invite author Claire Murphy to the Visitors Center. She wrote the book Gold Rush Women. Gray pointed out she has a $500.00 per day fee for visits. Tarr will contact the Alaska Mining Association in Anchorage to get some assistance and information in establishing a display. Gray noted the State also has materials available for the gold rush centennial. It was decided the Board would see what type of response there is from the ad before making any further plans for an exhibit. This will be discussed again at the April meeting. Discussion took place on other types of exhibits at the Visitors Center as well as the walking tour. Tarr reported that the walking tour was mentioned in two places in the Visitors Center newsletter and the new Milepost. As a result of the advertisements, it was decided that the walking tour needed to be completed as soon as possible or no later than May 1. A limited version of the walking tour and map will be developed for this season and it will be more refined for next year. Tarr provided a copy of Anchorage's walking tour to give some ideas on layout. Huhndorf will contact the designers to get a quote on doing Kenai's walking tour. Tarr indicated the Visitors Center could assist with the cost of developing the walking tour brochure. Tarr indicated that her staff will be doing local tours and requested that a Historic District Board member provide a guided tour of Old Town. Huhndorf will contact Tarr to schedule the tour. It was noted the official name for the walking tour is "Walking Tour Old Town Kenai". Moore thanked Tarr for their efforts in promoting tourism on the Kenai Peninsula. Historic District Board March 16, 1998 Page 2 3. APPROVAL OF MINUTES - February 17, 1998 MINUTES FROM THE FEBRUARY 17, 1998 WERE APPROVED AS WRITTEN. S. HISTORIC BOARD REVIEW - None 6. NEW BUSINESS a. Preservation Week — May 10 to 16, 1998 Plans for the Preservation Week were made and the following action was taken: May 9, 1998 will be the kick off of Preservation Week with special functions held at the Visitors Center. Kebschull will assure the signs for Old Town are in place before then. Elders will be invited to the Visitors Center to answer questions about the history of Kenai. Carol Ford will be asked to tell stories and show videos. Clausen will contact Ford. Huhndorf will assure the walking tour and map is available. A press release will be prepared and submitted to the Clarion. Kebschull suggested something be included on the City's home page. Gray will prepare a special invitation to the Rotary Club and will deliver it to their next meeting. Special invitations will also be prepared for the elders, City Council, local representatives, and the Bishop from Anchorage. Huhndorf will attend the April 15, 1998 City Council meeting to request a Preservation Week Proclamation and ask for financial assistance for the event. Moore will bring this up at the next Council meeting to see how the Proclamation is handled and how soon Huhndorf would have to contact the City Clerk to get on the agenda. 7. OLD BUSINESS a. Preservation Plan Historic District Board March 16, 1998 Page 3 Discussion will continue at the close of the meeting to finalize the preservation plan. b. 1998 Goals and Objectives Huhndorf suggested that Item 1 E in goals and objectives list be changed to Battle of Kenai Research. Richard stated she is receiving a copy of the Planning and Zoning packets and will report on anything she determines is pertinent to the Historic District Board. Richard asked about the discussion on the dip net fishery and the request to close a portion of the river. Moore explained that the City requested to close the portion of the river from the unnamed creek to the dock but the Board of Fish tabled the issue until their 1999 meetings. It was determined the portion of the river in question is not part of the historic district zone. HUHNDORF MOVED TO APPROVE THE 1998 GOALS AND OBJECTIVES FOR THE HISTORIC DISTRICT BOARD. MOTION SECONDED BY RICHARD. Voice Vote: All in favor, motion passed unanimously. C. Walking Tour Brochure Kebschull provided members with a copy of the quotes Kluge received from the Printer's Ink and Copy Cats Printing. Kluge also provide notes from Peggy Arness with suggested changes to the walking tour brochure. Huhndorf will incorporate Arness' information and will meet with her to review the changes. Discussion took place on the cost of developing the walking tour and map. Huhndorf reported that it was suggested a charge be made for the tour materials so that it can pay for itself. It was noted that if that happens then the Visitors Center would have the responsibility of collecting the money. It was suggested that businesses be contacted for support. The walking tour brochure can have a bi-line at the bottom stating it was made possible by the business. The need to expeditiously complete the map and walking tour was reiterated and it was decided a basic brochure would be developed for this year. Huhndorf will attempt to have the final available at the April meeting. Historic District Board March 16, 1998 Page 4 d. Gold Rush Commemoration Gray will write an article for the newspaper requesting items for the exhibit. Richard again reiterated she would be willing to be the contact person. Her phone number is 283-5733. e. Hansen Park Historic Signs It was reported that Kluge did not attend the last Parks and Rec meeting. A brief report on the signage was made. Moore reported there is a sense of frustration with the Parks and Rec Commission and they don't want any more proposals coming in at every meeting. They want to get the project done. It was noted the project must be complete within two years. f. Visitor Center Old Town Exhibit Discussed with Tarr. g. Research Battle of Kenai h. Historic Library Gray suggested Items G and H be postponed and put on the fall agenda. It was noted the Historic Library will also be a part of the Appendix of the Preservation Plan. S. REPORTS a. City Council b. Administration Gray indicated that reports from Council and Administration were included in the meeting packets. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: - None 10. BOARD QUESTIONS AND COMMENTS 11. Gray referred to the document in the packet that regarding Historic Homeowner Tax Credits. Board members can send a letter to the representatives requesting them to assist is getting tax credits for historic homeowners. Historic District Board March 16, 1998 Page 5 a. National Trust for Historic Preservation Information dated 2/27/98 b. Heritage Preservation Services website information C. Letter dated 2/24/98 to Kathleen Tarr d. Letter dated 2/24/98 to Judith Bittner e. National Trust for Historic Preservation Tax Credit Information 12. ADJOURNMENT MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, Barbara Roper, Contr ct Secretary Historic District Board March 16, 1998 Page 6 T-IA Kenai Visitors & Convention Bureau, Inc. Wednesday, January 14,1998 --- Board of Directors Meeting, 5:00 p.m. President Ron Malston Presiding MINUTES A. CALL TO ORDER The meeting was called to order at 5:06 p.m. President Malston welcomed the new KVCB board members: Robert Fulton, Shirley Roberts, and Becky Vandehey. B. ROLL CALL Directors present: Ron Malston, Diane Lofstedt, Sandra Vozar, Rebecca Godek, Ron Rainey, Fred Braun, Jim Bookey, Will Jahrig, Shirley Roberts, Robert Fulton, Becky Vandehey. Staff present: Kathy Tarr, Executive Director C. APPROVAL OF AGENDA The agenda was approved without changes. D. APPROVAL OF MINUTES M/S (Fulton/Nelson) to approve the minutes of December 10,1997. E. CORRESPONDENCE *Copies of KVCB's January 9"' letter to the Alaska Board of Fisheries were included in the January 14`' board packets. *Tarr reported on the legislative priorities of the Anchorage Convention & Visitors Bureau regarding some tourism -related tax bills being introduced in the Alaska State Legislature. M/S (Nelson/Roberts) to draft a resolution opposing Senator Bert Sharp's tourism tax bill ($25 per person for all cruise ship passengers) and to provide a copy to the Kenai Chamber of Commerce for their consideration. F. KVCB banking change re: credit card payments. There was some discussion about setting up an additional credit card payment system for KVCB's general fund so that the Bureau could accept credit cards for payment of membership dues, etc. payment. This discussion was tabled until a future board meeting. G. PERSONS SCHEDULED TO BE HEARD: Director Ron Rainey Subject: Review of KVCB's January 9d' letter to the Board of Fish Rainey thanked Fred Braun and Louis Schilling for their time and help in finalizing the draft the letter to the Board of Fisheries. (The draft letter was approved in principle by the full KVCB Board at the December 10,1997 meeting.) He also thanked Director Will Jahrig who sat in on one of the ad -hoc committee meetings when the BOF letter was being finalized. Braun reiterated that the sonar counter on the Kenai River needs Board of Directors Meeting Minutes, January 14, 1998 Page 2 replaced. The Kenai River Sportfishing Association is working with ADF&G on the counter and new methods will be introduced in 1998. Rainey then read from an article in Western Outdoors Magazine which described proposed changes in bag limits for non- resident fishers as being highly discriminatory. The article was very negative about Alaska, and encouraged Lower 48 sportfishers to fish elsewhere. There would be approximately 13-14 proposals from commercial fishing interests before the Board of Fish at their upcoming February meeting in Anchorage, Rainey said, which supported reduced bag limits and more restrictions on out-of-state fishers. Rainey asked the board to consider passing a resolution to ask the Board of Fisheries to not treat non-resident fishers differently from resident fishers. Out-of-state fishers pay a higher license fee and they average less than one king per person in total number of out-of-state licenses issued each season. There was discussion about some of the abuses which had been reported whereby non-residents were selling Alaskan, surplus sport -caught fish in Arizona. Some board members expressed concern that the end result is a diminishing resource. The board agreed that protecting habitat and sustained yield is a must. Discussion continued. Directors Jahrig, Braun, Fulton, and Rainey agreed to work on a draft resolution to the Board of Fisheries opposing any changes to the current non-resident bag limits. Director Lofstedt stated that all board members should see the draft resolution before it is sent to the Board of Fisheries. M/S (Braun/Rainey) to draft a resolution to encourage and recommend that the Board of Fisheries retain current sport fish limits for non-residents, and to further state that more study and enforcement was needed to help target and stop the people who are abusing the system. (It was agreed that the draft resolution would be faxed to all board members for their prior approval.) H. FINANCES Tarr presented the end -of -short year budget report, the six-month gaming report, and the six-month retail report. (Note: due to the change in the Bureau's fiscal year to a calendar year budget, the end -of -short year budget report covered the six-month period July 1, 1997 to Dec. 31, 1997. The Bureau is now operating on a full, calendar year budget, January 1, 1998 to December 31, 1998.) Total income reported for the six-month period was $151,436.91, and total expenses were $143,366.63. Tarr reported that the Bureau's IRS tax return was to have been mailed on November 17t' by the Bureau's C.P.A. firm, however, due to a mistake in the accountant's office, the return was not postmarked to the IRS until November 18, 1997. The accountant apologized for the error and said his firm would pay any fines the IRS may charge. The accountant will also prepare the FY97 financial statement, July 1, 1996 to June 30, 1997 (compilation report) for the City of Kenai which is required under KVCB's city contract. Board of Directors Meeting Minutes, January 14, 1998 Page 3 Tarr reported that staff completed an inventory for the retail area on December 30 and that the overall recordkeeping for inventory is being improved. Other financial news: KVCB has been using QuickBooks for its accounting software. Based on recommendations from the bookkeeper and the C.P.A., the Bureau purchased new accounting software, Peachtree. (It will take several months to complete the software conversion.) The State of Alaska recently ruled to agree with the IRS tax position in regard to unrelated business income as it applies to pull tab and gaming requirements. (This is a simple explanation for a complicated tax issue. In summary, the State of Alaska had been trying to institute taxes on income from unrelated business income in regard to gaming, even though the IRS did not require any federal taxes be paid. The IRS said no taxes were due as long as the income was used in accordance with state laws. For a long time, the State did not agree with the federal government. With this new ruling, the State and the feds are now in agreement with each other.) I. UNFINISHED BUSINESS The executive director's report was presented. Tarr reported that the Manager of Exhibits and Education, Veronica Kessler, resigned and relocated to Olympia, Washington with her family. Cecelia Richard, Visitor Services Coordinator, also resigned to take a new position at GoodBooks & More in Kenai. Director Nelson gave an update on the Challenger Learning Center of Alaska. Tarr attended the Governor's Conference on Cultural Tourism on January 28- 29. At the conference, Tarr met with staff from the Anchorage Museum, Museums Associations Alaska, and the new director of the Pratt Museum. CVB directors from around the state also attended the Cultural Tourism conference. Before departing the Bureau, Kessler and Tarr discussed the possibility of the Bureau sponsoring some workshops locally on the theme of developing cultural tourism. Visitor Statistics: 1997 resulted in a total of 70,460 visitors to the Kenai Visitors & Cultural Center, making it a record -breaking year. In 1997, the Bureau mailed a total of 2,024 packets on the City of Kenai to potential visitors. In December 1997, 196 packets were mailed on the City of Kenai and 7 custom packets to travel agencies were mailed. A written visitor statistics report was provided. Membership: As of January 14, 1997, there were 200 dues -paying members of the KVCB. A written membership report was provided. Meetings & Conferences: In calendar year 1997, almost 4,000 people met at the KVCC. (In summer months, the large meeting room is reserved for daily Alaskana videos.) Over 1,000 area school children visited the Center on scheduled tours during 1997. Tarr reported that work was progressing on the development of a brand new "meeting portfolio," Board of Directors Meeting Minutes, January 14, 1998 Page 4 professional "sales" collateral, to promote the City of Kenai as a meetings & conferences destination. Advertising/Trade Shows: In December 1997, the KVCB Board adopted the 1998 Budget which reflected an increase in the total number of dollars spent on advertising and promotion for the City of Kenai. Included in the new advertising plans ($27,000 est. annual advertising budget) are the development of the Bureau's first web site, expanded print advertising, and possible design & purchase of a traveling trade show booth for the City of Kenai to be used at national and state consumer trade shows. (The Bureau has never had its own trade show booth and display. Kenai VCB has always shared booth space with other communities.) N. NEXT BOARD MEETING The next meeting was tentatively scheduled for March 11 or March 12. O. ADJOURNMENT The meeting was adjourned at 7:09 p.m. Respectfully submitted by, Kathy Tarr Executive Director E- AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 18, 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 Resolution No. 98-11 - Transferring $28,185 From the Airport Land System Special Revenue Fund to the General Fund. 2. Resolution No. 98-12 - Transferring $14,450 From General Fund Non - Departmental Contingency to Pay Rent on the New Animal Control Shelter. 3. Resolution No. 98-13 - Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Gift Shop Concession to Jep Frederick Hansen d/b/a/ Alaska Wild Fin. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees -1- 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 March 4, 1998. F. G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1776-98 - Replacing KMC 12.20.010, (Expectorating on Streets and Sidewalks) With New Wording Described as "Deposit of Refuse." 4. *Ordinance No. 1777-98 - Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to Include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. 5. *Ordinance No. 1778-98 - Including the Newly Created Position of Public Works Manager as One of the Positions Exempted From the Fair Labor Standards Management Act. 6. Approval - Change Order No. 3/Alaska Regional Fire Training Center/Alcan General, Inc. - $147,193.45. 7. Approval - Special Use Permit/Portion of Tract A, General Aviation Apron #2 - Kenai Air Alaska, Inc. 8. Discussion - Schedule Budget Work Sessions 9. Discussion - Ordinance for Moratorium/ Reapplying for Conditional Use Permit After Denial. -2- 10. Discussion - Lease Application/James H. Doyle, Tract B, Gusty Subdivision No. 6. 11. Discussion - Lease of Counter Space/Kenai Airport Terminal - Artha L. (Bonnie L. Koerber, Garrison Corporation d/b/a Budget -Rent-A-Car. - None Scheduled. I. ADMMSTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI CITY COUNCIL - REGULAR MEETING MARCH 18, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Present were: Bookey, Moore, Bannock, Smalley and Williams. Absent were Swarner and Measles. A-5. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-1, Gene Kempf - Water/ Sewer Charge Concerns (NOTE TO COUNCIL - THE CITY IS IN LITIGATION WITH MR. KEMPF IN REGARD TO THIS MATTER - REQUEST FOR SUMMARY JUDGMENT HAS BEEN FILED.) SUBSTITUTE: H-1, Payments Over $2,500 - Substitute Includes overage of purchase order to Copy Cats for City/ Chamber brochures. ADD TO: I-1, DOT letter - Regarding Bridge Access Road speed limit changes. ADD TO: I-1, Frontier Community Services letter requesting City's letter of support their Child's Play program (..."an educational and supportive service for parent(s) and foster parent(s) who have children birth to five with challenging behaviors that are at risk for abuse and neglect.") ADD TO: I-1, Division of Fire Prevention letter regarding Alaska Fire Chiefs Association Spring Conference. ADD TO: I-1, 3/ 12/98 Rep. Allen Kemplen letter regarding use of Permanent Fund undistributed earnings for community needs. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 2 MOTION: Councilman Smalley MOVED for approval of the agenda as amended and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams noted he had no changes to the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT B-1. Gene Kempf - Water/ Sewer Charge Concerns Mayor Williams noted this matter is in litigation matter when it was added to the agenda at the beginning of the meeting. Mr. Kempf explained he built a speculation house in 1996 and initiated water/sewer service to the house. He told the city no one was living in the house and the house was for sale. He was told that whether or not someone was living in the house, there would still be water/sewer charges assessed. In December the water service was turned off due to non-payment of the bill. He has since sold the house. Kempf added, he had discussed the matter previously with the City Attorney after the water service had been turned off and stated he would pay the amount owed up until the water was turned off (December). He noted, he would have come to council before, had he known he could. Kempf stated he did not think he should have to pay for water after it had been turned off and when no one was living in the house. He would like to solve the matter without going to court, but was told there could be no negotiation. Kempf also stated, he was informed council would not take any action because the matter was in litigation. Councilman Bookey asked if the matter was in litigation. Attorney Graves answered, yes. Councilman Smalley asked Kempf if the service was still available, even though he was no longer hooked up to water. Answer was yes. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 3 Williams noted Kempf stated he had sold the house and asked if the charges accrued previous to last summer. Kempf answered yes. Kempf added, he thought the city should do something about the ordinance as he did not believe it fair to charge a service if it is not being provided. Councilman Moore asked if the ordinance was being enforced. Attorney Graves answered, yes and added, the ordinance clearly states water service will be charged whether or not the structure is occupied. When asked, Graves reported the amount owed was approximately $750 which included the water service charges (approximately $400) plus attorney and process fees. Graves added, if the charges are waived for this account, it would affect 1600 other water accounts. Kempf added, he thought something should be done about the ordinance as he was being charged for a service which had been discontinued. Williams stated council appreciated Kempf coming forward. He added, it is a concern that has come up several times over the years, but has not been changed. No further discussion. ITEM C: PUBLIC HEARINGS C-1. Resolution No. 98-11 - Transferring $28,185 From the Airport Land System Special Revenue Fund to the General Fund. MOTION: Councilman Smalley MOVED for the adoption of Resolution No. 98-11 and Councilman Moore SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-2. Resolution No. 98-12 - Transferring $14,450 From General Fund Non - Departmental Contingency to Pay Rent on the New Animal Control Shelter. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 98-12 and Councilman Smalley SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 4 There were no public comments. Mayor Williams explained for those in the audience, council invested in an animal shelter using airport funds and is leasing the land on which it sits from the Airport Fund. This alleviated using General Fund monies. The City will now pay rent to the Airport Fund at six percent of the property value. Moore noted, the lease rate is set at six percent of fair market value. He asked, if the value rises, will the lease rate also. City Manager Ross answered, historically, the city has set the lease rate on its own properties and has not adjusted that lease rate. The lease rate for this property will continue at six percent. He added, the City, in dealing with its airport funds and lands has not done a reappraisal, but has used property costs as a base and the Airport Fund is continuing to receive the return as if the monies were still in its account. He also noted, FAA has not questioned this practice in 30 years. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-3. Resolution No. 98-13 - Awarding a Five -Year Contract for the Kenai Municipal Airport Terminal Gift Shop Concession to Jep Frederick Hansen d/b/a/ Alaska Wild Fin. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-13 (noting the resolution included in the packet was misnumbered as 97-13). Councilman Bannock SECONDED the motion as corrected. Jeb Hansen - Owner of Alaska Wild Fin. Hansen reported he and his wife have been in business for approximately four years manufacturing and selling Native arts and crafts. They are making approximately 150 types of items at their location in Soldotna at this time. He added, 90% of the gifts they sell are made in Alaska by Alaskans and Alaska Natives. Many of the items they sell are one -of -a -kind or limited editions. Hansen continued, they plan to have the gift shop at the airport open seven days a week and plan to have their store hours at 8:00 a.m. to 10 p.m. during the summer. They plan their winter hours to be 9:00 a.m. to 7:00 p.m. They also plan to move in a portable paragraph engraving machine for engraving gold, silver and bone in the winter to take up some of the business slack time. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 5 Attorney Graves noted Article 4, Paragraph (d) discusses the suggested hours of operation for the gift shop which is as specific as possible without micro -managing the operation. VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging Williams reported there was no quorum and the meeting was rescheduled for Monday, March 30, 1998. D-2. Airport Commission It was noted the meeting was held on March 12 and the minutes were not available for this packet. Items discussed would be considered later in this council meeting D-3. Harbor Commission Councilman Bookey reported the minutes of the March 9 meeting were included in the packet. Bookey noted, the Commission discussed the boat yard lease renewal to Snug Harbor, rates and whether an RFP is required. He added, Attorney Graves advised Public Works Director Kornelis an RFP was not required, however he believes the Commission will ask that it goes to an RFP. At this time the Commission doesn't know if they want to do a year lease or a multi -year lease. The Commission also briefly discussed the Corps of Engineers Reconnaissance Report of Navigation Improvements and noted that because the city would have to fund 50% of their project, the Commission asked that it be shelved for the next five years. Bookey added, the Commission did not want to give up on the project, but to continue to look for other funding programs. The Corps will allow shelving the report for five years without losing everything done to this point. Bookey also reported the Commission reviewed and worked on an update to their goals and objectives. The draft list was attached and included in the packet. The Commission will further discuss and finalize the list during their next meeting. Bookey explained the Commission is requesting to change their next meeting date from April 6 to 13 to accommodate some of the members' schedules. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 6 MOTION: Councilman Bookey MOVED to change the date of the next Harbor Commission meeting from April 6 to April 13. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. Councilman Moore noted the draft goals and objectives listed development of a parking fee for dipnet fishing. He asked if the Commission reacted to the Board of Fisheries motion to table discussion regarding the city's request until February 1999. Bookey answered, there had been no discussion to this point. Williams noted the Commission's discussion on page 6 regarding their long-term goal to "...provide a combination of boardwalk and pathway from the dock pad to the existing boardwalk at the bird watch area...it was noted that funding can come from various sources to include Exxon Valdez, Ducks Unlimited and the State." Williams stated, Ducks Unlimited has found it to be very lucrative to hold Ducks Unlimited banquets in Kenai for the purpose of fund-raising. However, their past directors have stated to him personally that they have no intentions of investing any monies in this area. He added, he told them he had no intention of supporting Ducks Unlimited anymore and has not for the past five years. Williams added, he was not in favor of supporting an organization that comes to the community to solicit funding to be used somewhere else which does not benefit the community from where they raised the money. Williams noted, this was a personal statement and not one on behalf of the council. D-4. Library Commission Councilman Moore noted the next meeting will be held on April 7. The minutes of the last meeting were included in the packet which he reported on during the March 4 meeting. Librarian DeForest reported the Writers' Night was very successful and there was interest to do it again in the future. D-5. Parks & Recreation Commission a. Youth Football League - Councilman Smalley reported the Commission met on March 5. During the meeting, the Commission discussed a request from Steve Foster representing Youth League Football, regarding use of the FAA football fields for their program in August and September. It was noted some improvements would have to be made to the field. They are to meet with Administration to discuss their request and potential liability waivers. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 7 b. Eric Hansen Park - Also discussed was the Eric Hansen Park and a copy of the proposed plan was included in the packet. Parks & Recreation Director Frates noted the design was developed by the Commission with the help of the Kenaitze Indian Tribe and the Hansen family. Frates added, the Commission was submitting the plan to council for approval. He noted there was no landscaping built into the plan, however the Beautification Committee will probably discuss the landscaping at a future meeting. Councilman Moore questioned whether the six-inch crushed aggregate with geo- textile on grade will be wheelchair accessible. Kornelis explained, the geo-textile is the material that is used to keep silts from coming up through the gravel. The gravel will be compacted and no excavation will be done. There will be timbers placed along the outside of the path. The paths will be similar to those placed in the Municipal Park by the Lions Club. Kornelis added, crushed gravel meets the ADA requirements. Smalley asked if Frates was asking for approval from council at this time. Frates answered yes. MOTION: Councilman Smalley MOVED for approval of this concept as presented and Councilman Bannock SECONDED the motion. Smalley explained he used the word "concept" because the plan may need some minor adjustments. Bookey stated, because there will be some changes in the beautification of the park, he did not want to approve anything at this meeting that was final. He added, he would consider it as a "concept" approval. Williams asked about the memorial and Frates explained, Dr. Hansen would be meeting with manufacturers of the statue during a trip out of state. Williams suggested planting trees could be done during Arbor Day at the park. VOTE: There were no objections to the conceptual approval. SO ORDERED. C. Camping/Softbail Green Strip - Smalley reported the Commission discussed problems that have come up in the past with camping on the softball green strip during softball tournaments. He explained, camping has been allowed along the green strip in the past with written permission of the city manager. Smalley reported a letter is being sent to all the softball teams to inform them of the proper procedure for no parking and that cooking is to be done in the pavilion, use of restrooms, orderly behavior, etc. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 8 Ross explained there were several concerns stated last year in regard to softball players using the green strip for camping during softball tournaments. Complaints included parking, use of business dumpsters, fires on grass, dumping of hot coals on the grass, etc. Additionally, when the tents are set up there, other visitors to the area, who may not be softball players, believe it's a camping area. Ross noted his concern that dipnet fishery users will see the tents there and think it is a place where camping is allowed. Ross continued, the code is specific however it does allow for the city manager to give permission to use city property for camping. He intends to have council discuss the matter during the next council meeting prior to letters being sent out to softball players. He added, he wants council to address some of the issues and decide whether they want to continue allowing camping on the green strip. Ross added, originally, when the code was written to allow camping on city property with written approval of the city manager, it was put in place for special traveling campers using the FAA fields. This year, there are six or more tournaments scheduled to be held in Kenai. This will take many weekends out of the summer when local residents will not be able to use the pavilion and green strip and its facilities for community use. Moore asked if a fee was charged to use the green strip for camping. Ross answered no. Bannock requested the Parks & Recreation Commission members be informed this topic will be discussed during the next council meeting. d. Bernie Huss Fitness Trail - Parks & Recreation Director Frates reported the Commission is planning some site improvements to the Bernie Huss Fitness Trail. He noted a local Girl Scout submitted plans for her Gold Award which includes work on the Fitness Trail. The Girl Scout organization in Anchorage has approved the project. The work will be done during the summer. e. 21'` Century Grant - Frates also reported he and several teachers from the Kenai Middle School were developing a proposal for a 21" Century education grant for communities to assist in after school and tutor programs. Because of the time frame, they will forward their application next fall. The grant awards can be from $35,000 to $200,000. d. Spring Break - Frates reported the volleyball courts and gym will be available for school children's use during spring break. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 9 D-6. Planning & Zoning Commission Smalley reported a variance permit application for an over -sized, internally lighted sign for Grace Brethren Church was continued until the Commission's next meeting. It was continued due to only four members in attendance at the meeting. All four would have to vote yes to allow the variance. Commission members felt that since there probably would not be enough votes to pass the request, they would move it to the next meeting to be sure the request was given a fair chance. Smalley continued, another variance permit application for the One Stop by Thompson Park was also continued to the next meeting for similar reasons. He noted, the sign size had been reduced to about 14 sq. ft. over the limit. Also, a conditional use permit for a retail business on Beaver Creek was denied. The applicant indicated during the meeting he will appeal. Clerk Freas stated no appeal had been received at this time. Smalley also noted a renewal for a lease application for Mr. Doyle was approved and will be before council for consideration later in this meeting. Councilman Moore asked for details regarding the conditional use permit which was denied. Smalley answered, it is a retail business for second-hand items, used furniture, etc. He added, there was no testimony given against the request for the permit and the vote was two to two. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee Williams noted the minutes of the last meeting were included in the packet. Also, an application was submitted by Helen Brown for placement on the Beautification Committee which will fill the open seat. There were no objections to the appointment of Ms. Brown to the Committee. D-7b. Historic District Board Councilman Moore reported the Board met on March 16 at which there was a presentation from Kathy Tarr of the KVCC. They are coordinating their efforts to move visitors toward using the walking tour of Old Town which the Board is finalizing. The Board also discussed at length the production of a walking tour brochure and how it will be funded. It was noted time was of the essence. Moore added, Tarr presented the 1998 Milepost advertisement which mentions the walking tour. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 10 Continuing, Moore reported, prior to the meeting the Board held a work session and worked on the Preservation Plan. They also reviewed their goals and objectives during the meeting. D-7c. Challenger Board Councilman Bannock reported the Challenger Board Executive Committee met and discussed the Challenger receptions to be held in Kenai and Anchorage next week. Bannock added, the Challenger project was at a pivotal point as they would be writing a check in the amount of $50,000 toward the purchase of pre -fabricated Challenger items. Bill Popp - Challenger Project Coordinator. Popp reported two fund raisers would be held during the next week at which several representatives from the National Challenger organization would be attending. He added, there will also be two astronauts attending the receptions as well. Popp noted Jim and Sue Carter would be hosting the Kenai reception at which the food and beverages will be sponsored by Tesoro Alaska and Unocal. He added, the Anchorage reception will be hosted by former Governor Sheffield and sponsored by AT&T (Wireless and Alascom). Williams noted, the sponsors have donated to the program itself and are sponsoring the receptions as well. In that way, no funds collected for the Challenger project are being used for the receptions. Popp added a number of major corporate sponsorships (and donations) will be announced during the Anchorage reception. D-7e. Kenai Visitors & Convention Bureau Board Councilman Bookey reported a meeting was held earlier in the afternoon which he had to leave to attend the council meeting. He noted Paul Dale of Snug Harbor Seafoods made a presentation regarding allocation issues and some suggestions to the Board of what they should do and how they should do it. Bookey continued, the Board elected new officers: President, Will Jahrig; Vice President, Rebecca Godek; and Secretary/Treasurer, Diane Loftstedt. D-7f. Alaska Municipal League Report Smalley reported he and Mayor Williams will be attending the AML Board of Directors and Alaska Conference of Mayors meetings in Juneau April 1, 2, and 3. Both will miss the April 1 council meeting. Smalley reminded council they had been invited to the Planning & Zoning Commission work session to begin at 6:00 p.m. on March 25, 1998. They will be KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 11 discussing setback requirements, etc. A light dinner will be available and a packet of information will be mailed to council for their information and review prior to the work session. ITEM E• MINUTES E-3. Regular Meeting of March 4, 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 approve Item H-1, Substitute and Councilman Bookey SECONDED the motion. It was noted the difference in the original and substitute was the inclusion of an overage amount to a purchase order to Copy Cats for the City/ Chamber brochure. VOTE: There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 - None. H-3. Ordinance No. 1776-98 - Replacing KMC 12.20.010, (Expectorating on Streets and Sidewalks) With New Wording Described as "Deposit of Refuse." Introduced by consent agenda. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 12 H-4. Ordinance No. 1777-98 - Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to Include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. Introduced by consent agenda. H-5. Ordinance No. 1778-98 - Including the Newly Created Position of Public Works Manager as One of the Positions Exempted From the Fair Labor Standards Management Act. Introduced by consent agenda. H-6. Approval - Change Order No. 3/Alaska Regional Fire Training Center/Alcan General, Inc. - $147,193.45. MOTION: Councilman Smalley MOVED for approval of Change Order No. 3 and Councilman Bookey SECONDED the motion. Bill Nelson - Nelson noted the change order amount was large, mostly due to the cost of the new well for the facility. Continuing, he noted the facility had been designed with a large storage tank and pumping system for using city water. There has been concern that during training a lot of water would be drawn from the city system even with the tank and pump system. Availability of quantities of water is always a concern even with the new city well. Because of this, it was felt a new well should be developed just for the fire training portion of the facility. a. Truss Revisions/Additional Truss Hangers - Ross explained, the ARFF project was fast tracked and administration anticipated change orders would be received. Ross stated administration questioned Items 4 and 5 (truss revisions and additional truss hangers) of the change order. He asked for an explanation of those items. Nelson explained, the drawings showed how the truss manufacturer was to design the trusses and what load should be placed on the trusses. Each individual truss is shown on the drawings. On this particular project, the truss manufacturer misinterpreted some of the loading conditions and during the shop drawing review process, he (Nelson) noticed a few of the trusses were designed to half of the design loads. Nelson added, he believed the manufacturer made an honest error. Usually, trusses are spaced at two feet on center, but because there were some openings, skylights, and equipment on the roof, it was necessary to have some additional KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 13 trusses to carry additional load. In his drawings, Nelson explained, he showed two trusses next to each other with the loading conditions for the individual trusses. The manufacturer interpreted the load he showed to be divided between each of the two trusses which was not his intent. Nelson added, in order to carry the load, several additional trusses were needed to be placed in several locations. On review, the contractor who bid he job, didn't know the truss supplier would be needing to provide the extra trusses nor did the truss supplier. The truss supplier asked for payment for the extra trusses because their cost was not included in the original bid. Then, because there would be four trusses where it was originally designed for two, it became necessary to fabricate special truss hangers which increased the cost again. Nelson stated, he reviewed the costs forwarded to them for the extra trusses and hangers, and felt the costs the general contractor incurred were possibly justifiable because he didn't know and didn't include in his bid costs to cover the changes that were made necessary by adding the extra trusses. However, he didn't feel the extra costs submitted by the truss supplier were eligible for compensation and marked down the request for extra payment from approximately $5,000 to $2,146. FAA reviewed the information and felt they shouldn't have to pay for any of those extra costs. Nelson explained, if this item is approved, their total cost will be paid by the city. Nelson stated, he felt an honest error was made. He didn't think the contractor was trying to gouge the city. In the bidding process his drawings were misinterpreted. They were fortunate the error was found during the review. He suggested the city should consider paying for the costs to keep good will with the contractor and all parties concerned. However, from the technical stipulation of the contract, he didn't think the city was 100% responsible. Bannock asked if FAA gave a reason why they wouldn't be willing to participate in the extra costs. Nelson answered, FAA's comments were conveyed to him by Tim Orthmeyer, project manager. Bannock asked if he thought FAA's decision was based on the technical clause Nelson had mentioned. Nelson answered, he believed FAA's position was that the contractor made a mistake and they would not pay for the mistake. Nelson added, in general, he felt the contractor was being fair on the contract, doing a good job on the project, and working in the city's interest. He added, he felt it is important to keep that relationship. Ross restated, this was a fast -tracked project and some design problems were anticipated. There are other issues that if it had been a normal project, he would expect them to be caught. In this case, he questioned City Engineer La Shot KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 14 on these two items because he didn't realize the same amount would have been paid if the error had been caught and the extra hangers are required because the original design had not been followed. Nelson added, they didn't know if the truss supplier had known or understood the loading conditions ahead of time, whether he could have designed two trusses to carry the load of the four. Ross stated his impression of FAA was that an error was made on the part of the manufacturer and these are additional costs that would not have been incurred if the trusses had been constructed without error. Ross added, that was why he questioned the extra cost coming to the city. Williams asked Nelson if, at this point in the construction of the project, did he expect any major change orders in the future. Nelson answered, none that he was aware of or told about. He added, he didn't think the contractor was holding any information back either. However, he had not had a final settlement for the earthwork on the project. Generally, he thought the earthwork quantities would be less than the original estimate and there may be a noticeable cost savings. Williams asked if the city would be asked for a change order from the contractor to pay the truss manufacturer? Nelson answered, because he decreased the line item of cost submitted by the truss manufacturer and only allowed the line item cost the general contractor incurred, he didn't expect another change order request for this item. Ross added, the change orders to date involved approximately $69,000 to the bad. He believed the contractor had been fair with the change orders that involved credits. Nelson added, the total cost of the project is approximately $8 million. Approximately $4,356,000 has been spent to date. Total change orders have been $67,900 net, equaling 1.56% of the total project cost. Of that, there were some increases requested by the city, i.e. additional utilities to the structural fire trainer, a credit to the audio/visual system, and the well. Those involve approximately $54,217 of the $67,900 - about 1.2%. Other items requested by the contractor and design team equal $13,749 to date - about .3% of the total project of the $4 million spent so far on the project. Williams stated he felt it was not the contractor's error, but the truss manufacturers'. The magnitude of the project would indicate some cost differentials. He added, he was inclined to have the negotiated amount to continue the good relationship with the general contractor. Bannock stated he was inclined to support the change order also. He asked if a change order, by definition, is for changes requested by the customer to make to the project after the fact or is it to take care of errors in the project. Williams answered, it has been his experience that either side can initiate a change order and either accept the responsibility for the outcome. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 15 b. Room 207 Revisions - Williams questioned the "...ceiling revisions to accommodate structural modifications required by Nelson & Associates." Nelson explained, a steel beam goes across the room which supports the floor above. The height of the steel beam is below the ceiling height. All the beams along that wall are at the same height. In this room the ceiling is higher, but his plan showed the beam the same height as the other beams. When the architect discovered the beam would be lower than the ceiling level, he felt it would look odd. In order to incorporate the beam better, he had the contractor build a soffit around the other three walls of the room to tie in and visually make the beam not look out of place. Williams asked if this change was for cosmetic purposes and not structural. Nelson answered, correct. C. TS Column Correction - Williams questioned, "...second floor column was offset 10" from the lower floor column in order to provide a wider hallway ... the first floor column had to be reinforced in order to carry the offset load." Williams stated this seemed to be understandable, but asked what caused the contractor, architect or engineer to miss this in the initial design. Nelson answered, for construction efficiency one column from one level is stacked on the column and beam below so that reinforcement of the column below is not required. A grid system had been established to line up all the columns from one story to the next. At one point during the design, the hallway width changed going into a room and the column could not be on the grid that was established. The column had to be moved. However, it was moved on the architect's plan, but not on his. During the shop drawing review stage, it was noticed the column would be ten inches out from the wall. It could have stayed, but would have looked odd. In order to move it, the connection of the column to the beam had to be beefed up and then the beam to the column below it, etc. Williams stated this could be attributed to bad communication between the architect and the structural engineer. Ross stated, the project was fast -tracked and drawings were ready as bidders were picking them up. Mistakes were anticipated. Items 4 and 5 were concerns of administration, however those costs were negotiated down. Administration recommends this change order be approved. d. Well - Williams asked Ross what the original estimated price of the well was. Ross answered, he thought between $50,000 and $75,000. Williams stated, originally council was given $53,000 for the cost of the well. Ross stated, the original price of the well included the drilling and the cost of the well. Re -engineering costs for the pump and control systems were not included (which increased the cost of the well significantly). He added, that was the difference between the cost initially given to the council and the final cost. Nelson added, they did a cost estimate after receiving a cost quote from the contractor for putting in the well. Their cost estimate and the contractor's quote agreed except for the installation of the pitless adapter. There was an approximate $12,000 KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 16 difference between the estimate and quote. Nelson continued, the contractor explained they would have to keep the area de -watered due to the water table, etc. They feel there is a significant risk factor to them in installing the well. They are willing to do that part of the work on a time and material basis, but that would be a risk to the city. However, if the water table is low, etc. and the work is done on a time -and -material basis, there is a potential for the city to save approximately $12,000. Bookey stated he agreed with Ross to a point. He remembers the discussion on the cost of the well to be $50,000. It added, he didn't remember any other costs discussed beyond that. He stated his concern in regard to the pitless adapter. Bookey added, without the well costs, they were only seeing an approximate $20,000 change and that is very acceptable. Williams agreed. He added, the council has been stringent in the non -issuance of change orders due to being burned two or three times. Continuing, Williams noted the last two or three city projects have been very good with few change orders and he believed that was due in part to the engineering, etc., but also because of council's reputation of disliking excessive change orders. VOTE: There were no objections to Change Order No. 3. SO ORDERED. BREAK TAKEN: 8:29 P.M. BACK TO ORDER: 8:43 P.M. H-7. Approval - Special Use Permit/Portion of Tract A, General Aviation Apron #2 - Kenai Air Alaska, Inc. Acting Airport Manager Holland explained Kenai Air had requested to renew their special use permit of a 100' x 300' foot area adjacent to their building used for customer vehicular parking. The parking area is on an unimproved lot which Kenai Air cleared for this use. There have not been any problems with this use in the past. The Airport Commission and Administration recommend the permit be reissued. MOTION: Councilman Smalley MOVED for approval of the special use permit for a portion of Tract A, General Aviation Apron #2 to Kenai Air Alaska, Inc. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 17 H-8. Discussion - Schedule Budget Work Sessions Ross reported the draft budgets would be forwarded to council for their review on April 6. Williams reported administration will want to give an overview of the budget during the first work session and requests for donations will also be heard that evening. Ross added, he would like to present an overview of revenues and general review of expenditures during the first meeting. Also, personnel from the Borough would like to make an informative presentation in regard to sales tax and property tax. After that presentation, he would suggest the request for donations be held. Ross added, a memorandum will be included with the budget which will discuss issues council has stated they wanted in the budget. Some are in the budget and some are not. The following dates, times and places were chosen for budget sessions: 1. April 8, 7 p.m. at the Senior Center 2. April 29, 7 p.m. in the Council Chambers 3. May 11, 7 p.m. in the Council Chambers It was noted April 8 was also a Planning & Zoning Commission meeting date and it was decided to hold the work session at the Senior Center. Bannock stated he would not be able to attend. It was also noted May 11 is a Harbor Commission meeting date. It was decided the Commission meeting could be held upstairs at City Hall. The Clerk was requested to update the calendar (included in the packet) with the work session dates included for council's use. H-9. Discussion - Ordinance for Moratorium/Reapplying for Conditional Use Permit After Denial. Councilman Bookey explained his concern that appeals on conditional use permit applications for the same piece of property might happen over and over again prompted him to have this item placed on the agenda. He suggested a six-month or one year moratorium could be written into the code to alleviate this type of problem. He added, he didn't think people in a neighborhood should have to return over and over to defend that neighborhood. (Bookey referred to the recent appeal of a conditional use permit for property along Spur Highway.) He asked if council had any direction one way or another and whether to go forward with an ordinance for consideration. Williams asked if Bookey would structure the moratorium to begin after the appellate process. Bookey answered, he assumed that's how it would be structured. He added, KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 18 he had not gone into it too far, but Attorney Graves had done some research on the subject. However, he (Bookey) wanted to bring it to council prior to going too far with it. Williams noted, it would be only for conditional use permit applications and not rezoning as that is already discussed in the code. Councilman Bannock, referring to the area along Spur Highway most recently appealed, explained, there was an application for a zoning change (which was denied), a conditional use permit application (denied at Planning & Zoning) and a second conditional use permit asked for during the appeal process which council did not hear. Technically, there was one conditional use permit denied on that property. Bannock continued, he believed there is an ordinance in the code which places a moratorium on a conditional use permit for the same thing. He added, he believed it would be serious trouble if a person could not apply for a different conditional use permit on the same piece of property. He noted, council denied the request to amend the appealed conditional use permit because it was too different from the original conditional use permit application. Councilman Smalley stated he sympathized with Bookey, and to a degree, agreed with Bannock. He added, the new request is for professional offices which is different than the first application, though still a commercial use. Bookey stated, his example may not have been a good one, but his intention is to place a moratorium on someone applying for the same conditional use permit on the same property over and over. Attorney Graves noted, there is a moratorium already in the code for rezoning property, but not for a conditional use permit. Graves added, he checked with several other municipal codes in the state and found it is common to have a moratorium clause for rezoning requests, but he found no conditional use moratorium. He advised, that does not mean it couldn't be done. Bookey added, he didn't want someone to be able to reapply for a conditional use permit every thirty days until he wears the neighbors down. He believes that could happen and feels it is a flaw in the zoning code. Smalley suggested making a recommendation to the City Attorney to bring a draft ordinance for consideration, through Planning & Zoning. Williams stated he believed it would be hard to design an ordinance placing a limiting factor on conditional use permits based on the idea that any change in substance to the permit constitutes a new application for the permit. He added, who then would be the judge of character for the permit. Bookey agreed that is a concern. Williams stated he believed administration and the City Attorney understand council's concerns. He asked if it was council's desire to proceed with further investigation and KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 19 the development of at least a set of guidelines that can be reviewed first by Planning & Zoning and brought back to council with their recommendation. Bannock suggested Planning & Zoning be requested to develop the guidelines or ordinance. Williams stated, they would have to come up with a legal suggestion and the attorney would have to be involved in drafting the guidelines. He added, if the guidelines develop to a resolution from Planning & Zoning, the matter will still come back to council. Bannock stated, if the rules are to be changed, he believed the city would be best served to involve the Commission who will be involved in carrying out the rule. Council had no objections to continuing with the development of moratorium guidelines or ordinance. H-10. Discussion - Lease Application/James H. Doyle, Tract B, Gusty Subdivision No. 6. MOTION: Councilman Smalley MOVED for approval of the lease application to James H. Doyle for Tract B, Gusty Subdivision No. 6. Councilman Moore SECONDED the motion. Ross referred to the memorandum included in the packet and added, it is a 90-day notice lease which has come up for renewal. VOTE: There were no objections. SO ORDERED. H-11. Discussion - Lease of Counter Space/Kenai Airport Terminal - Artha L. (Bonnie) L. Koerber, Garrison Corporation d/b/a Budget -Rent-A-Car. MOTION: Councilman Bannock MOVED to approve the lease of counter space at the Kenai Airport Terminal to Artha L. (Bonnie) L. Koerber, Garrison Corporation d/b/a Budget - Rent -A -Car for Lease Space 19. Councilman Smalley SECONDED the motion. Williams noted this is the only remaining full space and has been used in the past by the Kenai Visitors Center to disseminate information to visitors. Acting Airport Manager Holland added, with approval of this lease agreement, all the full spaces will be taken. However, there is a small counter space off the end and some other counter space that can be made available for the KVCC if necessary. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 20 VOTE: There were no objections. SO ORDERED. - None Scheduled. ITEM I: ADMINISTRATION REPORTS I-?. Mayor a. Community Dividend Program - Williams referred to Representative Allen Kemplen's letter which was added to the agenda at the beginning of the meeting. He noted the letter asked council for a response either by letter or resolution in regard to whether the Legislature should use a portion of the undistributed earnings of the Permanent Fund for a community dividend program. The funds would take place of the Municipal Assistance and Revenue Sharing Program which have been declining over the years. Williams reported he, Mayors Navarre, Lancaster and Gonzales will be meeting with Governor Hickel and Eric Wohlforth (Permanent Fund Trustee) on March 31 to discuss statistical data and ideas regarding use of these funds. He also noted, while in Juneau he and Smalley would be talking with Representative Davis in regard to the bill he has introduced for a community dividend program. Williams suggested council not answer Kemplen's letter until after their meetings with Hickel and Wohlforth and returning from Juneau. He asked council if they were in support of a community dividend program. If so, he will prepare a resolution and will be lobbying for a program. No objections were stated. Smalley added, AML was strongly supporting some form of a community dividend program. Williams noted, both Governor Hickel and Hammond were in support of a community dividend program as well. b. Donkey Engine - Williams noted, he and Bookey had been planning to move the antique donkey engine to a piece of city property for some time. They had been waiting to pour a concrete slab on which to place the engine. Williams suggested the engine be moved and placed without the concrete slab and suggested property behind the Kenai Fine Arts Building, outside the fenced area, as a location. Williams requested Administration to check the plat and make sure placement of the engine at that location won't interfere with utility lines, easements, or any agreements with the present lessee of the Kenai Fine Arts building. There were no objections from council. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 21 C. Frontier Community Services - Williams referred to the March 12 letter from Frontier Community Services in which they requested a letter of support to attach to their application for funding through the Alaska Children's Trust RFP FY99. Clerk Freas reported she spoke with Rita Smagge the director of the Kenaitze Indian Tribe's Head Start Program and asked whether Frontier's program would be in conflict with the Head Start Program. Smagge reported, after speaking with a representative from Frontier, they would not conflict as Frontier is requesting state funds and KIT's Head Start Program is federally funded. Freas added, Smagge felt Frontier's program may enhance their Head Start Program. MOTION: Councilman Smalley MOVED to draft a letter of support. There were no objections. SO ORDERED. d. Nation's Cities Weekly - Williams referred to the Nation's Cities Weekly article included in the packet noting a U.S. Supreme Court ruling that granted municipal elected officials full immunity against liability lawsuits for proposing or voting on municipal ordinances. e. Bridge Access Road Speed Limit Change - Council referred to the DOT letter which was distributed at the beginning of the meeting regarding the speed limit changes along Bridge Access Road. Smalley requested the city request DOT paint the new speed limits in large numbers across the roadway for maximum signage benefit. I-2. City Manager a. Redoubt Avenue/Forest Drive - Ross referred to copies of his letters (included as Information Item No. 7) to Representative Hodgins and Senator Ward regarding the Redoubt Avenue/Forest Drive reconstruction. He also noted, his letters indicated council reaffirmed their capitol projects list during their March 4 meeting. Ross added, his letter to Hodgins also included reference to funding Hodgins had offered for development of a non -potable well on the golf course and stated the city would accept those funds but in no way should those funds be confused with the CIP list requests. b. City Cartoon Map - Ross reported he negotiated a price for all the major city buildings to be included on the cartoon map for one price. C. Federal Grant Funds/Department of Agriculture - Ross reported he investigated possible funding through the Department of Agriculture as council had requested. He found of $50 million only $50,000 comes to Alaska as block grants and didn't believe the city would be eligible. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 22 d. Cunningham Park Fence - Ross reported he would not be including funds in the budget to move the fence, but would have the amounts available for council to review during their consideration of the Parks & Recreation Department budget. e. FAA Buildings - Ross reported he met with representatives of FAA Real Estate who want to turn over the FAA property with the buildings and towers (in place) to the City of Kenai. They were not able to answer many of his questions because they were not aware of findings of the FAA Environmental Section. Ross reported he told FAA he would advise council, look at the buildings and tower, and determine whether or not the salvage of the buildings could be done at no cost to the city. FAA talked about laying the towers down and the city removing them. He asked them for names of people who have done work like this for FAA in the past. Ross stated, administration has every reason to believe the towers are painted with lead - based paint and there are also issues involving the buildings and their floor drains, dry wells, etc. Ross continued, to insist FAA remove the buildings and tower will further delay the transfer of the property to the city because of FAA procedures. Ross added, administration will make a recommendation, but it will be conservative and that the city should accept the land only after FAA remove the buildings and towers even though it will mean extra delay. If it is a funding problem for FAA, Ross suggested Senator Stevens be contacted as he has already been involved with FAA environmental funding. Ross added, he will be report back to council. Williams asked for confirmation that $250,000 has already been made available to FAA. Ross stated, that funding is with FAA Environmental, not with FAA Real Estate. Williams suggested FAA cost out how much moving the towers and buildings would be. Ross stated, FAA is to get that information back to him, i.e. information they have, how long it will take, cost if FAA is to do it, etc. Ross added, without the FAA environmentalists being involved in the discussions, a full picture is not known as the FAA Real Estate representatives barely acknowledged there is a third buried tank (outside the fence). Williams suggested discussions continue as council placed a moratorium on the development of any of those properties until it is known the extent of the problems. He added, he would rather be safe than sorry. Bookey stated he agreed totally and added, the city does not want to accept the properties unconditionally without the federal government covering the clean-up costs. He added, it's a very old site and there are a lot of unknowns involved. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 23 Ross noted, one tower was removed, but the base is still there. Under the tower base is a 12 to 16' drop full of concrete which would have to be removed. The buildings and towers are the main thing to discuss, but the environmentalists need to be involved in those discussions. f. Wildwood Sewer Line Problems - Ross reported he received a call over the weekend that there was a major sewer line problem at Wildwood. Two city personnel and the vactor truck were sent to help. Wildwood will be billed for the over time used but not equipment time because if the city had not helped with the problem, it may have passed on down to the lift station and there could have been a worse problem. g. Fish Board - Ross reported Dave Nelson of Fish & Game advised him the city will not have to reapply for the regulation change. It was set for time certain and will carry over. h. Fire Department Matching Grant - Ross reported he has authorized the Fire Department to apply for a matching grant which will require a $5,000 local matching grant if the grant is awarded. The grant will cover equipment for fighting wild land -type fires and would match up with the Department of Forestry's hoses, radios, etc. Ross added, it is something that probably needs to be done due to the amount of beetle -killed trees and other situations that will require mutual fire support in the future. If the grant is awarded, information will be brought back to council because the match will probably have to come from contingency. i. Challenger Project - Ross reported he has been working on how to protect the city's interest in the language of the Challenger contract at the national level. Three different attorneys are working with three different entities. At this time, under the grant it appears Challenger can own the building. Ross added, Administration would like council to consider the city putting up the land, allowing Challenger to own the building and work out cooperative agreements that would also allow Challenger to own the land. The benefit in the long term, Ross continued, would be a lot of interaction between council and Challenger which will alleviate some problems. Ross noted, he and Attorney Graves have discussed how the city's interests would be secured. At this time they are investigating a reversionary clause in the deed to state if the Challenger equipment is removed from the building and the program leaves town, everything comes back to the City of Kenai. They also discussed placing on the deed a restriction from borrowing against the land (for ten years or more). He added, this would put the council in a fairly good position as there would be a lot to lose (for the Challenger program). On the other hand, the Challenger non-profit who is raising significant funds toward the program, will have ownership in what they are doing. KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 24 Ross added, he believed the option he discussed would be as good as protection that can be had — it's definable and readily enforceable versus trying to work clauses into a three-way contract with Challenger National. Bill Popp - Popp stated he was neutral with the suggested options. The Board of Directors had not met to discuss the suggestion and would need to as it is a deviation from the original arrangement. Popp added, he had polled the president of the Board and based on her past discussions with other members of the Board, they would be open for discussion on the idea. Popp stated he would like some indication from council for him to take back to his Board. Councilman Moore asked how this suggested option would affect the Memorandum of Understanding. Ross answered, there would be parts of it that need modifying. He added, they had always been under the assumption the grant (from NASA) would restrict ownership to a municipality. Information Popp had received was it does not. Ross continued, portions of the Memorandum of Understanding that reflect ownership would have to be reviewed, as well as what the city's responsibility would be for maintenance support, cleaning, landscaping, parking lots, etc. and can be negotiated irrespective of the ownership. Council can still continue with those items as part of the agreement in working with Challenger. Bookey stated he did not know, at this time, whether he would be in favor of the option or not. He suggested council have more time to think it through as it is quite a change in the original direction. He added, he was not willing to make a decision at this time. Ross stated, he was not asking for a decision of council at this time. He added, what it does is it takes the city out of the role with Challenger as it has with the Visitors Center where the city owns the facility but contracting with a non-profit to run the facility, and with Challenger, a three-way agreement with Challenger National involved as well. Ross continued, this option is fairly clean. The City would negotiate with Challenger as to what services the city will provide to Challenger in the community. Also, the protections in this option, to administration, are more enforceable and greater protections than some agreements that could be reached through the three entities. Williams asked Popp if there wasn't a reversionary clause already built in that says if the 501(3)(c) fails and leaves the project, it reverts to a responsible governmental agency. Popp explained that is in the by-laws with an amendment required by the IRS. He added, the amendment to the by-laws was to make them compatible with the 501(3) (c) designation and states in the event of dissolutionment of the corporation, assets must be distributed to the court of the county or to a local recognized KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 25 government entity. Popp added, at first glance this would designate the City of Kenai as the recipient of the Challenger's assets in the event of dissolutionment and would be a perfectly acceptable situation with the IRS. Williams asked if this reversionary clause could be worked into the city/Challenger agreement. Ross stated, the reversionary clause they discussed would be placed on the deed of the land that says the land and the facility reverts to the ownership of the City of Kenai. Ross added, what council and the Challenger Board need to discuss is to further restrict the deed so that Challenger cannot take a mortgage against the property without the consent of the Kenai City Council. I-3. Attorney - No report. I-4. City Clerk - No report. I-5. Finance Director - No report. I-6. Public Works Director - No report. I-7. Airport Manager - No report. ITEM J: DISCUSSION J-1. Citizens - None. J-2. Council Bookey - Stated he was very disappointed in the decision of the Board of Fisheries in trying to take the meetings out of this area and hold them in another area. Williams asked council if they wanted him and the City Manager to write a letter to the Board of Fisheries and the Governor stating council's concerns. Council had no objections. Moore - No comments. Measles - Absent. Bannock - No comments. Smalley - Reported the Borough Assembly, at their March 17 meeting, drafted a resolution strongly supporting Senator Torgerson's secondary road and municipal road maintenance bills (Senate Bills 263 and 264). Smalley suggested the City of Kenai may want to do the same. Williams - Referred to Information Item No. 7, a letter from DCRA which notes the population of the city as 6,971 and set the FY99 Municipal Revenue Sharing for KENAI CITY COUNCIL MEETING MINUTES MARCH 18, 1998 PAGE 26 the city. Williams stated his concern the population decreases, but building permits have increased. He added, the city has the ability to question the count and take another count, however the cost is very high to do so. ITEM K: ADJOURNMENT The meeting adjourned at approximately 9:54 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk F— Z 0 O Q F— Z O IU 'a Go O r a j = U Q G O Cep M O O co Ln N 'a' l Iq OOp co co N m Op N .-- — IT O W Wco w Z f— F— F- W J d J J J H U MEa Q� m m Q Q D Z J Vi J J O O 00 O 0 w U = Z Z w 0 U Q Z F- Q O U_ U O w Lioto v er U UU U V W EE crx W Q 22 2 2 Z U 0 Z z D Z Y Q Z U 0 2 o W J(n Ix LL O Y w w w U z UO m2 m U Z 0 c Z O W U) W Z n O W 2 Q cU W 0 W O W 2 � O O a C G CO) F.- J Z W O �O N lz IL W fS Z a ?> J w a IL a J v z O V w w z v o" 0 a N a 4a w W O LL w a w Z Ix ~ O w w N� J O IL c) in Z cM ti C Q N � J z O 3 OF O J tU J as J O H z O U J H Q a � w z In Q W w F- J w 2 U � Q obO z °) LL O O z a _ U) v Oz w w G Q� U- U) U) w X w w o M uw O > U Suggested by: Cuuuvii CITY OF KENAI ORDINANCE NO. 1779-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI ZONING CODE AT KMC 14.20.150 TO PREVENT THE SAME OR SUBSTANTIALLY SIMILAR CONDITIONAL USE PERMIT APPLICATIONS FROM BEING CONSIDERED BY THE PLANNING & ZONING COMMISSION MORE THAN ONCE IN ANY NINE MONTH PERIOD. WHEREAS, currently under KMC 14.20.150 an unsuccessful applicant for a conditional use permit may reapply for the same or a substantially similar permit immediately after being turned down by the Planning & Zoning Commission or the Board of Adjustment; and WHEREAS, allowing reapplication soon after being turned down for a conditional use permit that is the same or substantially similar places an undue burden on the public wishing to participate in the permit process; and WHEREAS, a nine (9) month moratorium on reapplication for the same or a substantially similar permit will ease the undue burden on the public while allowing reapplication within a reasonable time; and WHEREAS, an applicant may still reapply within the nine (9) month period if the subsequent application is not substantially similar to the previously rejected application; and WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9) month moratorium on submittal of the same or substantially similar conditional use permits; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC 14.20.150(c)(4) be added to read: (4) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the day of May, 1998. John J. Williams, Mayor Ordinance No. 1779-98 Page 2 of 2 ATTEST: Carol L. Freas, City Clerk Introduced Adopted: Effective: March 26, 1998 (sp) April 1, 1998 April 15, 1998 May 15, 1998 CITY OF KENAi it Od eC6n" 4 414a.,. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 1III�1 Memorandum Date: March 25, 1998 To: Mayor and Council From: Richard A. Ross, City Managers'" \ RE: Lease Requirements for Commuters -- Insurance The City of Kenai requires $1,000,000 insurance per seat on our leases to commuter carriers. We have been advised by insurance carriers that this level of coverage is not available to most carriers in Alaska, and if available, at a price that is not affordable. Neither the State airport system nor Juneau municipal airport require insurance at this level for commuters. It is the Administration's recommendation that our commuter carrier leases be revised to require $300,000 insurance per seat, or the level required by 14 CFR 205, Code of Federal Regulations, for the specific aircraft insured. Attachment RAR/ kh CITY OF KENAI n Gd _ / 4&jJ= rr 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 an 'III�I 1": Memorandu-m-- TO: Rick Ross, Kenai City Manager FROM: Keith Holland, Acting Airport Manager c�N DATE: March 25, 1998 RE: Insurance Code Requirements The code requirements mentioned in my memo dated March 18, 1998 are as follows: United States Code, Title 49, Subtitle VII, Part A, Subpart II, Chapter 411 mandates the requirements for air carriers to maintain an insurance policy or self-insurance plan approved by the Secretary of Transportation (see attached 49 USC 41112(a)). The U.S. Code Title 49 does not address values of insurance coverage. The Code of Federal Regulations, Title 14 cites specific requirements. Title 14, Part 205 contains information and requirements for Aircraft Liability Insurance. Section 205.2 states, "These rules apply to all U.S. direct air carriers, including commuter air carriers and air taxi operators as defined in Section 298.2 of this chapter...." Section 298.2 and 3 mostly covers exemptions to direct air carriers, commuter air carriers and air taxi operators. Section 205.5 covers minimum coverages required for different carriers. As an example, South Central Air, under Section 205.5 (B) (1), would need $300,000 per person, per occurrence and because they are less than 60 seats they only require $2,000,000 per involved aircraft for each occurrence. Because South Central Air transports passengers, Section 205.5 (B)(2) requires them to carry additional coverage. A minimum limit of $300,000 per person, per occurrence and $300,000 times 75% of the number of passenger seats installed in the aircraft as a total Memorandum to Kenai City Manager March 25, 1998 Page 2 per involved aircraft for each occurrence. Under these requirements, Beach 1900's would require $300,000 per seat and $4,275,000 per occurrence. Piper T-1040's would require $300,000 per person and $2,025,000 per occurrence. Note: there are differences between liabilities required under Section 205.5 (B)(1) and (B)(2). This Code of Federal Regulations is a good place to cite our minimum requirements from, but as you can see, the outcome may be different from carrier to carrier and from aircraft to aircraft. Therefore, citing a value may lead to confusion and acquisition of improper coverages. Thus citing minimum requirements set forth in Code of Federal Regulations, 14CFR205, appears to be our best approach (see attached Title 14, Part 205). Cc: Cary Graves Lary Semmens Kim Howard Attachments: United States Code, Title 49, Section 41112 Code of Federal Regulations Title 14, Part 205 CIT Y OF KENAI' .. od 0iAr 4,44M 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 an 'III'1 Memorandum Date: March 23, 1998 To: Mayor and Council From: Richard A. Ross, City Manager #11�� RE: Softball Tournaments - Tent Camping The Kenai Softball Association has presently scheduled five tournament weekends for the upcoming season. A copy of the schedule is attached. Last year, and I have been advised that for the last several years, Parks and Recreation has accommodated the tournaments by allowing participants and spectators to camp on the grounds adjoining the softball fields. Last year this involved a significant number of tent campers. Under KMC 18.35.010, overnight camping in this area is prohibited. The code provides for exception with the written authorization of the City Manager. It is my understanding that historically these exceptions were given by the City Manager for infrequent use of the FAA grounds. Since the request is for camping use for five scheduled weekends at present, Council should be involved in the consideration of the issue. In discussing this with the Parks and Recreation Director, tent camping by tournament participants and spectators has become more popular. Formalized rules were considered by the Parks and Recreation Commission to address problems and to better control the situation. Problems and complaints associated with last year's tent camping were: 1. Use of alcohol and open containers by overnight campers in an area of day use recreation for families and children. Mayor and Council March 23, 1998 Page 2 2. Vehicles parked on the grass. 3. Burned areas on the grass and dumping of barbecue coals on grass. 4. Use of dumpsters of commercial businesses in area without permission and trash set beside them. 5. Complaints from local residents that facilities were unavailable for their family or organization use. In reviewing this situation, Council should be aware that the August 22- 23rd scheduled tournament is in conflict with the proposed Industry Appreciation Day's use of the facilities. The July 18-19th tournament would coincide with dipnetting and could involve even greater use of the area by tenters, because once we authorize tenting for participants and spectators it essentially opens the area up for all tenters during the authorized period. Prior to sending out rules that further formalize and institutionalize the use of this area for tent camping, the Council needs to determine if that is what they want to do. The City has tent camping facilities less than one mile from the softball fields. Attachment Cc: Richard Hultberg, Parks and Recreation Commission Chairman RAR/ kh From: Paul & Sandra Hecht To: Bob Frates Date: 2127= Time: 10:50:40 AM —� Page 1 of 1 �%�K f�o s s Kenai Softball Association General Meeting Minutes February 23, 1998 The meeting was called to order by Commissioner Mike Wiles at 7:15 PM at People Count. Notice was given of the following reclassifications that had been done by the State Association. They are as follows: Women's Ed's Repair moved from E to D Men's Elect -serve moved from D to E Co-ed Back Door Lounge moved from E to D Dairy Queen moved from C to B On a state level, all co-ed teams will be moved up one classification regardless of whatever other changes have been made. It was noted that to be a company team, 75% of the roster must be employed by the sponsor. The local tourney schedule was listed next. It is: May 30-31 Umpire Classic Co-ed July 4-5 Firecracker Co-ed July 18-19 Golf Course Men's D August 22-23 Men's D State August 29-30 Co-ed B State Our association is on probation for not turning in proper tournament reports during the 1997 season. Therefore, we have lost our Regional Qualifier as a penalty for this year. Because of this penalization, Mike Wiles has taken it upon himself to be in charge of all tournaments except the Umpire Classic. Contact him for information. Elections were held next. Laura Sherwood was re-elected President. Frank Johnson was elected Treasurer. A board meeting was scheduled for March 9, 1998 and a general meeting for March 23, 1998 ut People Count at 7:00 PM. Respectfully Submitted Sandra Hecht League Secretary CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ,wr.rar 1III�1 MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, CA Clerk City of Kenai DATE: March 26, 199 RE: APPEAL OF PLANNING & ZONING COMMISSION ACTION Conditional Use Permit/ Lots 6 & 7, Papa Joe's Subdivision Vesta Leigh and Jo -An Buzzell Appellants Today I received the attached letter of appeal of the Planning & Zoning Commission's actions on their P&Z Resolution No. 98-12. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. Please set a Board of Adjustment hearing for the above -referenced matter. The hearing date limit would fall to Monday, April 27, 1998 (Saturday, April 25, 1998 is the actual 30t' day). clf Richard Ross, Manager City of Kenai 210 Fidalgo St. Kenai, Alaska 99611 RECEIVED MAR 2 6 1998 KENAI CITY CLERK RECEIVED MAR 2 61998 CITY OF KENAI 3-26 1998 In the matter of the granting of PZ98-12 (in the area known as MAPS) conditional use permit to Hugh and Joe Chumley. The undersigned citizens and residents of the impacted area request a Board of Adjustment Hearing be held to reconsider granting of this permit. We cite, as some of the reasons, the following violations. 1. The granting of this permit violates 14.20.150 (b) (1)(i)(ii) 2. Granting this permit violates 14.20.080(a)(2)(i) 3. This permit would violate the Kenai Comprehensive Plan, III.LAND USE PLAN (A)(D). 4. The granting of this request breaches the contract between the citizens of this area ( approx. February, 1985) and the City. We can indeed furnish more signatures to this request if needed. Vesta Leigh U Jo -An Buzzell P.O. Box 905 1103 Aliak Kenai, Alaska 99611 Kenai, Alaska 99611 CITY OF KENAI It &I eC411a0 j 4",,,w 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 bylayl �r.�oar "2 March 26, 1998 Liana L. Bigham Kenai Central High School 9583 Kenai Spur Highway Kenai, AK 99611 RE: GOVERAMENT DAY City of Kenai Because of the lateness in the year and the full schedule of the students, Mayor and Council, Mayor Williams asked that I write to postpone scheduling Student Government Day until next fall. Though it is difficult to know what schedules will be like, please forward suggestions you may have for accomplishing Student Government next fall. We look forward to hearing from you and scheduling this activity. CITY OF KENAI Carol L. Freas City Clerk clf t TONY KNOWLES. ~ ', + `' ? ❑ P.O. BOX 112100 JUNEAU, ALASKA 5 PHONE. (907) 465 DEPARTMENT OF COMMUNITY AND FAX (907) 466-2948 REGIONAL AFFAIRS ❑ sss W. 4TH AVENUE, SUITE 220 ANCHORAGE, ALASKA 99501-2341 PHONE. (907) 269.4500 OFFICE OF THE COMMISSIONER FAX: (907)269.4520 March 23, 1998 The Honorable John Williams Mayor City of Kenai 210 Fidalgo Ave., St. 200 Kenai, AK 99611 RE: FISHERY RESOURCE LANDING TAX PAYMENTS RECEIVED MAR 2 71998 KENA,I CITY CLERI< Dear . crams: i I am pleased to provide you with the City of Kenai's Fisheries Resource Landing Tax payments for FY 96, FY 97 and FY 98 totaling $665.66. Because of litigation challenging the constitutionality of the landing tax, which has now been resolved, the Department was unable to distribute the FY 96 and FY 97 payments until this time. Under state law (1 ch 67 SLA 1993), the Department is required to distribute 50% of the taxes collected for fishery resources which were landed in the unorganized borough but not processed. The law provides that the Department apportion the taxes to fisheries management areas based on the ratio of the management area's fishery resource landing tax production value to the total fishery resource landing tax production value for all of the management areas. The taxes are then distributed to the eligible municipalities located within each fisheries management area on the same basis as the Department's Shared, Fisheries Business Tax Program. Following is a breakout of your municipality's payment by fiscal year. FY 96 $76.19 FY 97 $76.35 FY 98 $513.12 These payments must be used to help reduce the effect of fisheries business activities on your municipality, which may include the expenses of any municipal service. Should you have any questions regarding these payments, please call Bill Rolfzen, Program Administrator, at 465-4733. Sincerely, Mike Irwin Commissioner CITY OF KENAI �-4 Gd 4 y414auza 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 byl%yl rear 1992 TO: Mayor and Council Members FROM: Carol L. Freas, City C rk City of Kenai DATE: March 26, 199 RE: VOLUNTEER APPRECIATION WEEK - ANNUAL RECEPTION National Volunteer Appreciation Week is scheduled for April 19-25, 1998. The last few years, we have held the volunteer reception during that week and have placed an advertisement in the Peninsula Clarion with the names of those people who serve on the city's boards, commissions, committees, as well as in the library, animal shelter, etc. Mayor Williams has suggested either Monday, April 20 or Tuesday, April 21 on which to hold the reception as there is a Planning & Zoning Commission meeting on Wednesday, April 22 and he will be out of town on Thursday and Friday. The Visitors Center will be available either April 20 or 21, 1998. Does Council wish to set a date for the Volunteer reception on either April 20 or 21? Does Council wish to place an advertisement in the Peninsula Clarion listing the city's volunteers during Volunteer Appreciation Week? clf KENAI CITY COUNCIL MEETING APRIL 1, 1998 INFORMATION ITEMS 1. 3/ 18/98 Kenai City Council Meeting "To Do" List. 2. 3 / 13 / 98 Represent Don Young letter regarding BOR land conversion/ exchange - Multi -Purpose Recreational Facility. 3. 3 / 19 / 98 Speaker G. Phillips letter to John White, Alaska Board of Fish voicing her strong objections to moving meetings scheduled for Soldotna. 4. 3/24/98 KH memorandum regarding 1998 lease renegotiations. S. 3/23/98 KVCC 1998 Calendar of Events. 6. 3/98 Resource Development Council, Inc. Resource Review. 7. 3/ 13/98 DEC letter regarding ADWF and ACWF loan programs. -�11/D - / KENAI CITY COUNCIL MEETING MARCH 18, 1998 "TO DO" LIST CLF - Include as a discussion item on April 1 agenda, camping on green strip by ball fields during softball tournament weekends. Inform Parks & Recreation Commissioners. Notify Helen Brown of her appointment to the Beautification Committee. Mail PZ Commission's work session packet to council members. Advertise budget work sessions for April 8 (7pm at the Senior Center); April 29 (7pm, Council Chambers) and May 11 (7pm, Council Chambers). Make a new calendar with budget sessions noted. Send letters to donees, informing them of council's request for presentations at the April 8 work session. JW - Prepare resolution in regard to proposed Community Dividend Fund. Admin - Check plat of property behind the Kenai Fine Arts building to make sure placing the antique donkey engine at that location will not interfere with utility lines, easements or agreements with the Kenai Fine Arts building lease. Request DOT to include better speed limit signage along Bridge Access Road - suggest painting information in large letters/numbers on the pavement. Continue discussions with FAA regarding FAA buildings and tower removals. JW/RR - Write letter to Fish Board indicating City's concern about moving its February 1999 meeting away from Soldotna. RR - Draft resolution strongly supporting SB 263 and 264 for April 1 council meeting. ONE HUNDRED FIFTH CONGRESS DON YOUNG. ALASKA. CHAIRMAN W.J. IBILLYI TAUZIN, LOUISIANA JAMES V. HANSEN. UTAH JIM SAXTON, NEW JERSEY ELTON GALLEGLY, CALIFORNIA JOHN J. OU NCAN. JR.. TENNESSEE J DEL HEFLEY, COLORADO JOHN T. DOOLITTLE, CALIFORNIA WAYNE T. GILCHREST. MARYLAND CEN CALVERT, CALIFORNIA RICHARD W. POMBO. CALIFORNIA BARBARA CUBIN. WYOMING HELEN CHENOWETH, IDAHO LINDA SMITH, WASHINGTON GEORGE P. RADANOVICH, CALIFORNIA WALTER B. JONES, JR.. NORTH CAROLINA WILLIAM M. IMACI THORNBERRY, TEXAS JOHN B. SHADEGG, ARIZONA JOHN E. ENSIGN, NEVADA ROBERT F. SMITH, OREGON CHRIS CANNON. UTAH KEVIN BRADY. TEXAS JOHN PETERSON, PENNSYLVANIA RICK HILL. MONTANA 80B SCHAFFER, COLORADO JIM GIBBONS, NEVADA MICHAEL D. CRAPO. IDAHO Mr. Richard A. Ross 1.1�. House of liep resenta tuts City Manager of Kenai 210 Fidalgo Ave., Suite 200 Kenai, Alaska 99611-7794 Dear Mr. Ross: Committee on Regourrrg ma!5bington, March 13, 1 ORECEIVED MAR 19 me CITY OF KENAI AOMINISTRATInN GEORC RANb EDWARC NICK J. - V -' ( 1 BRUCEF DALE E. PETER A ENI F.H. NEIL AB*.....,....-._...... _. SOLOMON P. ORTIZ. TEXAS OWEN B. PICKETT. VIRGINIA FRANK PALLONE, JR.. NEW JERSEY CALVIN M. DOOLEY, CALIFORNIA ;;MLOS A. ROMERO-BARCELO, PUERTO RICO M RICE D. HINCHEY, NEW YORK R ERT A. UNDERWOOD. GUAM SA FARR, CALIFORNIA PA RICK J. KENNEDY. RHODE ISLAND A MSMITH. WASHINGTON WI LWM O. DELAHUNT, MASSACHUSETTS CH IS JOHN. LOUISIANA D NA CHRISTIAN-GREEN. VIRGIN ISLANDS R KIND. WISCONSIN LL YD DOGGETT. TEXAS ... I LLOYD A. JONES CHIEF OF STAFF ELIZABETH MEGGINSON CHIEF COUNSEL JOHN LAWRENCE DEMOCRATIC STAFF DIRECTOR Thank you for sending documentation of the problem regarding a land conversion/exchange that is holding up the construction of an indoor recreational facility sought by the City of Kenai. I appreciate hearing from you. I have sent the documents to the Secretary of Interior with a request that he immediately review and grant the request. When I receive a response, I will be back in touch with you. I hope he will affirmatively grant the City's request, which would benefit the public. Again, thank you for bringing this matter to my attention. Please do not hesitate to contact me if you have further comments or questions. DY/cnf Sincerely, P A,& - DON YO G Chairm 7 http://www.house.gov/resources/ Alaska State Legislature Official Business Fax: (907) 465-3472 Speaker of the House of Representatives March 19, 1998 John White, DDS Chairman Alaska Board of Fish Box 190 State Capitol Juneau, AK 99801-1 182 (907)465-3720 (907)465-2689 RECEi�p ` $ MAR KENAI CITY CLERK Bethel, AK 99559 Dear Dr. e: Thank you for ca ing me yesterday to discuss the Board of Fish meetings scheduled for Soldotna. Please record my strong objections to moving the meetings from Soldotna due to perceived security issues. This move would be a serious insult to Kenai Peninsula citizens. Fish -related meetings have been held in Kenai and Soldotna for many years and I do not know of one incident where security was a problem. The commercial and sport fishing industries are critical components of the economy of the Kenai Peninsula, as they are in other communities where Board of Fish meetings have been held. It would be a violation of the public process to deny these individuals the same public input opportunities that other fishermen in our state enjoy. The commercial and sport fisheries associated with the Cook Inlet region and the Kenai River are some of the most important resources for our State. I would ask you to seriously consider any decision to move the meeting from Soldotna. This decision would be viewed as very poor public policy on the part of the Board of Fish. Sincerely, CV Gail Phillips SPEAKER OF THE HOUSE GP:ps CITY OF KENA 4 It cI eap" 4 4&a=.. 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 byftyl *#AWbCa 1III'1 1"2 Memorandum Date: March 24, 1998 To: Richard A. Ross, City Manager kt- From: Kim Howard, Administrative Assistant RE: 1998 Lease Renegotiations Appraisals of leased City property are performed every five years to determine the fair market value. Annual rent of leased property is 6% of the fair market value. Attached is a spreadsheet showing leases that are being renegotiated this year, beginning July 1. The spreadsheet shows the "Old Rate" or current rate based on the 1993 appraisal. Also shown is the fair market value established in the 1998 appraisal and the new annual rate. The rates for all of the leases renegotiated this year will increase except for two of the lots leased by Jim Doyle used for parking trailer vans. These lots are located in the flight path to the airport and no permanent structures can be built. The leases contain a 90-cancellation clause. The appraiser put more emphasis on these restrictions than did the previous appraiser in 1993. City leases of lands on the airport and restricted to aviation use have a 50% cap provision which will not allow the new rate to increase more than 50% of the old rate (for a period of 30 years). The Ramos lease is one of the few leases that are not on the airport or restricted to aviation use yet has a 50% cap provision. The cap did not affect the rate of any of the leases. f:1:1 � e e e e e c N N Q 0 0 0 0§ 0 N ��jj v � O � p 64 �&9 W �ENA 6ppM9� O O � COO 0 t0O O COj N 69 Ld 69 69 fa 6N96N46M96M9 N M Z Z Z Z Z Z}} OOOaoan Oto I� fNA 0f A 609 W Of A N � � 00000099 O O O O O p O O O O CO O O N N O N C07 c aOa C�Lp In �e9N KfAH Wf9 a t0 O� t0 N O O cl CO h O h M ar lq tOH H9 �60969��p O O CO N v N O O CO P A N M N CO v NM 6096094a 446N96N969 00000000 O O O O O O O O O R CO N O M O Cn M m N OG _ N Y OD N R CO fA 696969 to 6969K w O O M m O OD N' O O m O Q CO O CO Ch N O CO N P' M V '7 1� O Cn CC oD N O ci R M CO N a0 N N d C Cq 9 Z Z W r Q Q 2 M o m ki a 2 cOH> V1 Z 'CN o.- E �C Qo Uto H"0* > C O ��NW O�NWo v > > >vvUC7 �C7t�C�H� m ayiY 0 0� xY dam L m Q m m m O Q C•4 v O M W W JJi-JH-JJJ m C � — t vi U D y .2 yW m IL U tF W N a� m � o c D i== c°�U N -���c W i W E E o o ? d w N d N N y O N 07 > J O O O W N CEp 0 a 0 X OR to N OD I N cq N Wq U C d 0 C7 �o N p c% Q W 7 N C C 01 a a v m E a (A W W c 0 m 0 c c cc co 07 O N N Visitors & Convention Bureau, MEMORANDUM DATE: March 23, 1998 TO: Media Outlets & DMO's FROM: Mindy Lucas RE: 1998 Calendar of Events RED 1W.P 2 `Q KENAI CITY ERK J� - As promised, an updated version of the Calendar of Events. If you have any questions about the Calendar or know of an event we don't have listed, feel free to contact our office at (907) 283-1991. Thank You. 11471 Kenai Spur Highway • Kenai, Alaska 99611 • (907) 283-1991 • Fax: (907) 283-2230 • E-mail: kvcl@alaska.net 11� Calendar of Events Kenai Visitors & Convention Bureau, Inc. 11471 Kenai Spur Highway - Kenai AK 99611 Phone: (907) 283-1991- Fax: (907) 283-2230 Email: kvcb@alaska.net • January 16 - 18,1998. Polar Bear Jump Off Festival. Seward (907) 224-5230. • January 24, 1998. Kenai Chamber of Commerce Town and Gown Awards Ball. (907) 283-7989. • January 31, 1998. Tustumena 200 Sled Dog Race Kick Off. Ceremonial Start at the Kenai City Dock, Kenai. Re -Start at the 11istumena Lodge, Kasilof. (907) 262-5057. • January 31- February 8,1998. Peninsula Winter Games. (907) 262-9322. • February 1- April 1,1998. Snow Goose Classic. Guess closest to the time and date the first snowgoose will land in a designated location and win the jackpot. (907) 283-7989. • February 7, 1998. Healthy Communities Healthy People's 3rd Annual Village Fair Health Fair & Safe Kids Fair. (907) 260-3800. • February 7, 1998. Kenai Peninsula Women's Political Caucus Village Fair. 9:30am - 4:OOpm, Kenai Central High School. Contact: Sammy Crawford (907) 283-9271. • February 21, 1998. Planned Parenthood's Choice Evening Annual Fundraiser. Contact: Nancy Rollins (907) 262-2622. • February 1998. Kenai Art Guild. Weaver's Show. (907) 283-7040. • February TBA, 1998. TY Clark Memorial Races - Sled Dog Race. (907) 262-4179. • February TBA, 1998. PSDRA Classic Races - Sled Dog Race. (907) 262-4179. • March 7, 1998. Evening of Mystery. $100 per person includes food/beverage, preassigned character, motive, fictitious murder of a famous personality. Will be held at private home. Contact: Pickle Hill Public Radio (907) 283-9798. • March 17, 1998. St. Patrick's Day Celebration. Includes a parade, Irish dinner, auction and fireworks. Contact: Soldotna Chamber of Commerce (907) 262-9814. • March 28, 1998. Peninsula Oilers Gusher Ball. Fundraiser for Kenai's semi -pro baseball team. (907) 283-7133. • March 1998. Kenai Art Guild. Local Artists' Show. (907) 283-7040. Calendar of Events Kenai Visitors & Convention Bureau, Inc. 11471 Kenai Spur Highway - Kenai AK 99611 Phone: (907) 283-1991 - Fax: (907) 283-2230 Email: kvcb@alaska.net • March TBA, 1998. 5th Annual Skijoring Races - Sled Dog Race. Soldotna (907) 262-4179. • March TBA, 1998. Special Olympics Races - Sled Dog Race. Soldotna (907) 262-4179. • March TBA, 1998. Peninsula Businessman's Races - Sled Dog Race. Soldotna (907) 262-4179. • March TBA, 1998. Clam Gulch Spring Fling Races - Sled Dog Race. (907) 262-4179. • March 27 - April 4, 1998. Pickle Hill Annual Membership Drive. KDLL Studio (907) 283-9798. • April 11, 1998. Denali Ice Club Presents Melodies On Ice. Central Peninsula Sports Center (907) 260-3150. • April 18 - 19, 1998. Peninsula Home Builders Show. Central Peninsula Sports Center (907)262-3150. • April 19, 1998. Parade of Homes. Sponsored by Kenai Peninsula Builders Association. Held in Kenai/Soldotna area. (907) 283-8071. • April 20, 1998. Caring for the Kenai Finalist Judging. Environmental Awareness Competition. Contact: Merrill Sikorski (907) 262-4949. • April 24 - 26, 1998. Kenai Peninsula Sports & Recreation Trade Show. Central Peninsula Sports Center (907) 260-3911. • April 28, 1998. Annual Worker's Memorial Day Celebration & Service. Lief Hansen Park. (907)262-5282. • April - May, 1998. All Alaska Juried Art Show. Traveling exhibit from the Anchorage Museum of History and Art. (907) 283-1991. • May - June 15, 1998. Kenai Salmon Derby. Ninilchik (907) 567-3335. • May 2,1998. Alaska SeaLife Center Grand Opening. Open to the public. Includes ribbon - cutting ceremony and street fair. Seward (800) 224-2525. • May 2,1998. Defeet Diabetes Fun Run/Walk. 6 mile race in Soldotna at Peninsula Center Mall. Contact: Michelle Casano (907) 344-4459. -2- 11� Calendar of Events Kenai Visitors & Convention Bureau, Inc. 11471 Kenai Spur Highway - Kenai AK 99611 Phone: (907) 283-1991 • Fax: (907) 283-2230 Email: kvcb@alaska.net • May 9, 1998. March of Dimes 1997 Walk America. 4.5 mile course. (907) 776-8217. • May 15 - 16, 1998. Central Peninsula Auto Show. Central Peninsula Sports Center (907) 262-3150. • May 23 - 24, 1998. Soldotna Lions Club Gun Show. Central Peninsula Sports Center (907)262-3150. • May 28, 1998. Piccadilly Circus. Central Peninsula Sports Center (907) 262-3150. • May 30, 1998 (tentative). Blue Grass, Brats and Brew. Local music, food, silent auction. $10/ person, $8/ members. Contact: Pickle Hill Public Radio (907) 283-9798. • May 30, 1998. Brain Injury Support Group's 2nd Annual Brain Awareness Walk & Barbeque. Brain Injury Association of Alaska, Kenai Peninsula. Contact: Mary Warington (907) 283-5711. • May 1998. Kenai Art Guild: Kenai Guild Open Art. (907) 283-7040. • May - August, 1998. Circle Track Auto Races. (907) 283-9929. • May TBA, 1998. State Parks Annual Kenai River Clean Up. (907) 262-5581. • May TBA, 1998. Annual Community Cleanup. (907) 283-7989. • June 6 - August 29, 1998 (except July 18). Saturday Open Air Market. Sponsored by Coca-Cola & M & R Enterprises. loam - 5pm, Central Peninsula Sports Center. Contact: Rob or Melinda Norman (907) 262-1650. • June 13, 1998. Crisis Pregnancy Center Walk For Life. Contact: Louis Papke at (907) 283-9062. • June 20, 1998. Solstice Fun Run/Walk in Nikiski. 5 mile race. Contact: Karen Kester (907) 776-8472. • June 20, 1998. Solstice Fun Run/Walk in Kenai. 5K race. Contact: Bob Frates (907) 283-7926. • June 20, 1998. Jeff Ransom Fun Run/Walk in Kasilof. 5K race. Contact: Geralynn Ransom (907) 262-6365. -3- 11� Calendar of Events Kenai Visitors & Convention Bureau, Inc. 11471 Kenai Spur Highway Kenai AK 99611 Phone: (907) 283-1991 Fax: (907) 283-2230 Email: kvcb@alaska.net • June 21, 1998. Family Fun in the Midnight Sun. Food, fun and games at Nikiski Recreation Area. Puny Man, Wimpy Woman Try-Athlon. (907) 776-8800. • June 21- September 7, 1998. Annual Halibut Derby. Ninilchik (907) 567-3335. • June 23, 1998. National Bank of Alaska, Sr. PGA Skins Game. Birch Ridge Golf Course (907) 262-5270. • June - August 15, 1998. Peninsula Oilers Baseball Club Inc. Baseball at its best! For schedule call (907) 283-7133. • June TBA, 1998. 'Beaching Home" - Pacific Salmon, Pacific People. Photography exhibit, 43 photographs by Natalie Fobes, National Geographic Photographer, celebrating Pacific salmon and exploring our relationship with salmon around the Pacific Rim. Kenai Visitors & Cultural Center (907) 283-1991. • June TBA, 1998. Kenai River Festival. Fun for all ages. Learn about the Kenai River. Food, live music, crafts and games. (907) 262-9225. • June TBA, 1998. Annual Friends of Library Book Sale. Kenai Community Library (907)283-4378. • Fourth of July Celebration. Community parade, games, arts, crafts, entertainment, concession and food booths. Kenai (907) 283-7989. • July 14,1998. Royal Lipizzaner Stallions. Central Peninsula Sports Center (907) 262-3150. • July 17 - 19, 1998. Peninsula Amateur Tournament. Birch Ridge Golf Course (907) 262-5270. • July 17 - 19, 1998. Kenai Kennel Dog Show. Central Peninsula Sports Center (907) 262-3150. • July 18, 1998. Boys & Girls Club - 18 hole scramble. (Open) Kenai Golf Course (907) 283-7500. • July 24 - 26, 1998. Rodeo. Soldotna Rodeo Grounds. • July 24.26, 1998. Soldotna Progress Days. Soldotna (907) 262-9814. -4- Calendar of Events Kenai Visitors & Convention Bureau, Inc. 11471 Kenai Spur Highway Kenai AK 99611 Phone: (907) 283-1991 Fax: (907) 283-2230 Email: kvcb@alaska.net • July 25, 1998. Navarre Classic - 18 hole scramble. (Invitational/Open) Kenai Golf Course (907) 283-7500. • July TBA,1998. Moose River Raft Race. Soldotna, Millie's Moose River Inn (907) 260-4933. • July TBA,1998. Sterling Community Days. Sterling (907) 262-9311. • August 1, 1998. Funny River Festival. Contact: Wilda Snow (907) 260-4660. • August 1, 1998. Sterling Run For Your Life! 5 & 10K race. Contact: Kurt Strausbaugh (907) 262-1721. • August 1-2, 1998. API 18 hole Best Ball. (Open) Kenai Golf Course (907) 283-7500. • August 8,1998. Women's Resource and Crisis Center's loth Annual 10-K Run for Women. (907) 283-9479. • August 8 - 9, 1998. Kenai Open 18 hole. Kenai Golf Course (907) 283-7500. • August 14 - 16, 1998. Kenai Peninsula State Fair, "Alaska's Biggest Little Fair." Games, concession booths, 4-11 demonstrations and more. Ninilchik (907) 567-3670. • August 15, 1998. Kenai Contractors - 18 hole scramble. Kenai Golf Course (907) 283-7500. • August TBA, 1998. Industry Appreciation Picnic. Contact: Jack Brown (907) 283-4099, Arron Goforth (776-5661) or Mayor John Williams (283-3104) for details and information. • August - September, 1998. Second Annual Kenai Peninsula Photographers Guild Summer Exhibition. Kenai Visitors & Cultural Center (907) 283-1991. • Fall TBA,1998. St. Innocent (Veniaminov) of Alaska Exhibitors. In celebration of the 200th birthday of Ionn (John) Veniaminov, North American Orthodox Christians honor the birth of their "Apostle" and first bishop, St. Innocent. Kenai Visitors & Cultural Center (907) 283-1991. • September 5, 1998. Kenai Golf Association Fall Classic. (Members Only) Kenai Golf Course (907)283-7500. -5- 11� Calendar of Events Kenai Visitors & Convention Bureau, Inc. 11471 Kenai Spur Highway Kenai AK 99611 Phone: (907) 283-1991 Fax: (907) 283-2230 Email: kvcb@alaska.net • September 7, 1998. Annual Labor Day Picnic. Kenai Park Strip (907) 262-5282. • September 12 - 13, 1998. Kenai & Soldotna Golf Association's Tournament. (Members Only) Kenai Golf Course (907) 283-7500. • September 14, 1998. Women's Resource and Crisis Center Radiothon. Benefit for victims of domestic violence. (907) 283-9479. • September TBA, 1998. Kenai Lions Rubber Ducky Race. Sponsor a duck and watch it race to the finish line on the Kenai River. (907) 283-7575. • September 1998. Kenai Art Guild. Juried Show. (907) 283-7040. • October TBA, 1998. 3rd Annual Pie Auction. Soldotna Chamber of Commerce (907) 262-9814. • October TBA, 1998. Kenai Arts & Humanities Council - Jail House Rock. All proceeds used to support the Kenai Fine Arts Center. (907) 283-7040. • October TBA, 1998. Kenai Chamber of Commerce Annual Wine Tasting. Dinner and auction to raise money for the 'Christmas Comes to Kenai' celebrations. (907) 283-7989. • November 1 -29, 1998. Kenai Potters Guild: Annual Potters Show. Contact: Peggy Gill Thompson at (907) 283-7827. • November 27,1998. Christmas Comes to Kenai and City of Lights Parade. Celebrating the arrival of the Christmas season. Santa comes to town, free movies, hot chocolate and cookies. Christmas tree lighting celebration, bon fire, Christmas carols and fire works. (907) 283-7989. • November 27-28, 1998. Kenai Arts & Crafts Show. Over 150 craft booths offering unique arts and crafts. Kenai Central High School. (907) 283-9443 or (907) 283-3017. • November TBA, 1998. Ducks Unlimited Fall Banquet. Soldotna (907) 262-5885. • December 1998. Kenai Art Guild: $100 and Under Gallery Show. (907) 283-7040. Revised March 23, 1998 -6- ,74a e spa-� 4. Koniag, Inc. loview VY 281 A periodic publication of the Resource Deaelo ment E'66"itfAik-D MAR 2 6 19�8 Monitoring off InrR� practices reveals .� surprising revelations Proposed amendments to law reflects latest science By Richard P. Harris I had a recent opportunity to speak at an RDC meeting regarding Alaska's forest practice laws, and how important monitoring has become in protecting fish habitat and water quality. The audience recognized the importance of forestry as a major industry in Alaska. Yet they seemed amazed at just how comprehensive the state laws are regarding timber harvesting on private, municipal, University and state lands. Making such comprehensive policy required an impressive level of cooperation among a diverse group of people that would have in past years been dubbed "strange bedfellows." In fact, it sounds like the kind of joke that circulates the halls at the State Capitol. What do you get if you put a logger, an environmentalist, a biologist, a miner, a recreationalist and some Proposed improvements to the Alaska Forest Practices Act are the result of field observations and ongoing monitoring of timber harvesting operations in Alaska. All logging in Alaska, whether on public or private land, must be done in compliance to the standards and regulations specified under the Forest Practices Act. government officials all in the same room? Before 1990, the answer would have been comical. As part of the Forest Practices Act overhaul in 1990, a nine - member board was established to see if the groups listed in my Statehouse "joke" could work together to administer a responsible forestry management and regulatory program. Considering the diversity in the group, the expected outcome might be chaos, infighting and paralysis. That impression could not be fur- ther from the truth. Though the sometimes -heated debates reflect a variety of interests represented on the Board, it is a positive, committed group. As timber harvest is important to the economy, so are the recreational, fishing and environmental interests. Every stakeholder (Continued to page 6) Message Executive Director RDC focusing on key legislation The Legislature has been busy at work on a number of important bills affecting resource development. Included as an insert in this issue of the Resource Review is a list of legislation RDC is currently supporting. One bill with extensive implications for the future of the state's economy is HB 393, introduced by the Knowles administration. This legislation encourages development of Alaska's North Slope natural gas reserves. It seeks to create a progressive tax structure which shifts the tax burden from the beginning of the project to later years. HB 393 alone will not create a situation in which a North Slope natural gas project is economically feasible, but by providing a mechanism from Resource Review is the official periodic publica- tion of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit eco- -wnic development organization working to de- velop Alaska's natural resources in an orderly manner and to create a broad -based, diversified economy while protecting andenhanang the envi- ronment —Executive Committee Officers President ....... Allen Bingham Sr. Vice President `�= Jdhn Sturgeon Vim President ...... t ..m�*:tsssr_ Booth {Secretary,.""` '°'Clove Gross :Treasurer Michael E_ Stone L-Past President ..........5bott Thorson �` 4�ii+`�"%a'ie _.:�*,..211`1 •,'�yE� i:_;(, _. Ky fy �r�.: _ Staff Executive Executive Director ...*................ Ken Freeman Deputy Director ..........::........ Cart R. Portman Finance/Membership......... Steven Dougherty Special Assistant........ _...zTadd Owens RDC is located at 121 W. Fireweed, Suite 250, Anchor- age, AK 99503, (907) 276-0700. Fax: 276-3887. Material in the publication may be reprinted without permission provided appropriate credit is given. RX's e-mail address: resources@akrdc.org Writer & Editor Cart Portman which a suitable tax and royalty scheme may be created, HB 393 grants the state the power and flexibility needed to maximize the economic benefit of a North Slope gas project. The bill is currently under evaluation in the House Oil and Gas Committee and we expect it to move out to House Resources soon. RDC recently supported a resolu- tion by Representative Jean netteJames opposing the designation of any rivers in Alaska as American Heritage Rivers under a policy initiative proposed by the Clinton administration. Several aspects of the Initiative are problematic. First, no clear justification for such a program is provided and without a clearly defined purpose, this program threatens to add to the already cumbersome complex of federal land management policies. Second, no safe- guards exist to protect the rights of private property owners. Finally, as many as thirteen federal agencies will be involved in developing an implemen- tation plan for any designated river, resulting in added bureaucracy rather than improvements in local land -use planning. Another piece of legislation that is moving rapidly through the legislative process and is the focus of the lead story in this issue of the Resource Review is HB 373, sponsored by House Speaker Gail Phillips. This legislation provides added safeguards for timber harvests along Alaska's streams by enhancing water quality and protecting upstream fish habitat. HB 373 applies a standardized buffer in the field which brings predictability to the forest industry. The proposed 66-foot buffers will require industry to leave trees of value in the riparian zone, but adverse effects on harvest economics can be minimized. Representatives of the timber and fishing industries together with state officials have carefully constructed a bill which has won the support of diverse interests, including mining and recreation groups. The bill has passed the House and is now in the Senate for consideration. Another issue RDC has been closely tracking involves both the Leg- islature and the Administration. The Department of Environmental Conser- vation is looking to increase fees for water quality permits. RDC staff and board members have been meeting with DEC and others from the resourcr development community for sever. months on this topic. This is a very important issue for RDC because these fees could affect mining, timber, seafood processing, oil and gas development and local community wastewater treatment. The greatest concern among all affected industries is the need for predictability. In the minds of most, predictability comes from fixed fees. We are asking DEC to adopt fees that are fixed and result from direct costs associated with processing a permit. Budget cuts have added new pres- sure for fees, but how much of the DEC budget should be raised through fees versus general fund spending? Additionally, we see the need for a broad policy discussion that needs to occur between the Administration and the Legislature on which agencies should assess fees and for what services. Also, the cumulative impact on industry from multiple fees from multiple agencies needs to addressed. We will keep you apprised of the DEC fees, as well as the many other legislative issues RDC will be focusing on this session. Page 2 / RESOURCE REVIEW / March 1998 .a Thoughts from the President by Allen Bingham 147 Y t Alaska released from federal arsenic standard Good news! The U.S. Environmental Protection Agency (EPA) has agreed to remove Alaska from the National Toxic Rule (NTR) for arsenic. The NTR imposes stringent EPA numeric, sur- face water quality criteria for toxic pollutants to bring states into full compliance with requirements of Section 303(c)(2) of the Clean Water Act. The application of NTR is how arsenic levels in discharge water came to be regulated 277 times more stringent than the standard for drinking water, which is ridiculous in the minds of the regulated and even the regulators. Last summer RDC and the Alaska Miners Association prevailed upon the EPA and the Alaska Department of Environmental Conservation to resolve the NTR issue for Alaska.NTRde-listing, notjust for one pollutant orwaterbody, is desired by RDC and its regulated members. Since last summer, a number of priority metals have been de -listed from the NTR. The recent action by EPA to remove Alaska from the federal rule for arsenic is more good news. Alaska will now be allowed to use the state's original arsenic water quality standard, which was overridden when the EPA imposed the NTR on the state, reducing the arsenic standard well below naturally -existing conditions. The state standard is fully adequate in protecting human health and the environment. Under the NTR, it would have been just fine to drink a glass of water from an Alaska stream, but you couldn't pour it back because your discharge would have been in noncom- pliance with the federal rule due to naturally occurring arsenic levels in the water. Naturally occurring levels of arsenic in Alaska waters have not been found to be harmful to human health or fisheries, according to Michele Brown, Commissioner of the Alaska Department of Environmental Conservation. Brown says the recent action to withdraw Alaska from the federal standard is a good one because the federal regulation does not help protectthe environment-- it only makes the permitting process more cumbersome than it needs to be. RDC couldn't agree more with Commissioner Brown and Governor Tony Knowles on this issue. RDC and its regulated members look forward to more positive action in respect to NTR listings. BP, Chevron sign North Slope agreement BP Exploration Alaska and Chevron have entered into an agreement aligning their leasehold interests in the Point Thomson area east of Prudhoe Bay. The alignment area, covering more than 450,000 acres, encompasses the PointThomson Unit and the Sourdough, Flaxman and Point Thomson discover- ies. The alignment also covers a num- berof exploration prospects both within and outside the unit. Under terms of the alignment, BP holds a 56 percent interest in the joint lease holdings in the area, and Chevron holds the remaining 44 percent. Teams of Chevron and BP staff are conducting joint planning and management activities to improve exploration, development and production of existing and new joint oil and gas opportunities in the area. Work teams are developing interpretations and business plans for geophysical, geological, reservoir, drilling and facility -related activities. This arrangement leverages the strengths of the two companies while reducing associated costs. Dave Birsa, Chevron's exploration manager for Alaska, said the agreement reflects the two companies' compatible objectives in the Point Thomson area. "It enables us to move more quickly on proposed exploration and development plans for the area, and it continues ourfocus in the eastern North Slope of Alaska, which is one of Chevrons targeted growth areas for North America." said Birsa. Neil Ritson, head of exploration for BP Exploration Alaska, said the agreement continues a long-term business association based on a shared vision for exploring and developing in the eastern North Slope area. "The sharing of technical resources will increase future opportunities in the Point Thomson area and allow Chevron and BP to maximize those opportunities," Ritson said. Chevron and BP have worked together in the eastern North Slope since 1984. In 1994, the two companies drilled the Sourdough discovery. More recently, the two jointly obtained 16 tracts in the Point Thomson area in Alaska State Lease Sale 86. The Point Thomson area is 40 miles east of Prudhoe Bay. March 1998 / RESOURCE REVIEW / Page 3 The road moratorium will not only hurt the forest products industry, but also harm miners and others who depend on current and former timber roads for access to claims, recreational areas and private lands. Many fear the moratorium will lead to a permanent ban on road construction, essentially leading to defacto Wilderness in many areas. Forest Service refuses to exempt Chugach from moratorium Moratorium bad for economy, forest health Forest Service Chief Mike Dombeck refused a request by Senator Frank Murkowski to grant the Chugach National Forest an exemption from an 18-month moratorium on new road construction in roadless areas of national forests. At a Senate Energy and Natural Resources Committee hearing earlier this month in Washington, Murkowski asked Dombeck for the exemption to speed treatment for forest stands hit hard by the spruce bark beetle infestation. Approximately 98 percent of the Chugach is roadless, and the moratorium could effectively shut down access to these roadless areas for a variety of uses, including forest management activities to restore forest health. This is a serious concern to RDC since the Chugach is experiencing a severe beetle infestation. The infestation has reached unprecedented proportions and is now the largest spruce beetle event in North America. In comments submitted to the Forest Service and Idaho Representative Helen Chenoweth at a special congressional hearing last month, RDC said the road moratorium is bad forthe economy and forest health. RDC noted it makes economic and environmental sense to harvest dead and dying trees and replant the forests. Such action would reduce the fire danger, create healthy young forest, save jobs and provide products that Americans use and want. RDC also pointed out that the moratorium undermines the ability of local foresters and communities to properly manage forests based on local conditions. In some areas it would override years of local negotiations and compromises that contributed substantially to the development of current forest plans. Some say the moratorium appears to be a clear attempt by the Clinton administration to advance the Sierra Club's position opposing timber harvests on federal lands. According to data from the Forest Service, a two-year moratorium on roadless area entry would eliminate 12,640 jobs and result in $160 million in lost revenues. The moratorium could be the final nail in the coffin for the federal timber program. Some 74 percent of the National Forest System is already off- limits to timber harvesting. There are only 50 million acres in the 192 million acre National Forest System currently available for any type of timber management. The moratorium could close most of it. The Tongass National Forest has been exempted from the moratorium because of the new land management plan recently put in place there. The new plan has closed all but 676,OOr acres of the 17-million acre Tongass tc, logging and reduced the annual allowable cut by more than half. However, the roadless policy could end up impacting the Tongass as environmentalists are appealing the new management plan and are demanding the policy be addressed through the appeals process. RDC objects to decision banning helicopter landings In a letter to Forest Service Chief Mike Dombeck, the Resource Development Council has strongly objected to the recent decision by the Forest Service to ban helicopter landings in Wilderness areas of the Tongass National Forest where such landings have historically occurred. RDC requested the decision be amended to allow landings, with nur bers based on historical use. The Alaska National Interest Lands Conservation Act allows traditional ac- cess, even in Wilderness areas, where use has been established prior to 1980. Page 4 / RESOURCE REVIEW / March 1998 Oil development good for Alaska's Natives In testimony supporting full leasing of the northeast sector of the National Petroleum Reserve - Alaska, Sarah Scanlan, Vice President of Corporate Affairs of NANA Regional Corporation, wanted residents of California to know how good oil development has been for Alaska's Native peoples. 'With revenues from oil development, life has improved for the Inupiat," Scanlan noted in remarks before the Bureau of Land Management at a January public hearing in San Francisco on whether oil and gas leasing should resume in NPR -A. "We have better schools, better housing, better access to health facilities," Scanlan said. "We have come a long way from my childhood days in Kotzebue with no electricity and wood stoves." Scanlan, speaking to a young California audience that spoke out against more oil development in Alaska, pointed out that the Inupiat people have far to go before they have access to the basic needs others take for granted -- like running water and flush toilets. "There are more than 200 rural villages in Alaska and most of them lack such rudiments as safe and reliable drinking water and sewage control," Scanlan said. "Bringing these basic needs to rural Alaska is a huge task with a gigantic price tag, one we will never afford without ongoing oil and gas development in our state." In her comments, Scanlan opposed expansion of existing special areas within the petroleum reserve or the creation of new special areas or wilderness areas. NANA supported land use planning and land exchanges to protect interests of the Inupiat people, as well as supporting the cultural and local concerns raised by the Inupiat of the North Slope. ADEC releases list of impaired waters The Alaska Department of Environmental Conservation has released its list of impaired waterways. Nine waterways were removed from the list and five were added. The list, which contains 47 waterways as impaired by pollution, is prepared every two years to comply with the Clean Water Act. Removed from Alaska's list were the Naknek River, Eskimo Creek and King Salmon Creek, all in King Salmon. Others included Shoemaker Bay near Wrangell, Jewel Lake in Anchorage, Akutan Harbor, Garrison Slough at Eielson, Birch Creek drainage north of Fairbanks and State Creek in Denali National Park. Waterways added to the list were Cube Cove on Admiralty Island, Jordan Creek in Juneau, Cold Bay, Potato Patch Lake on Kodiak Island and Two Moon Bay at Tatitlek. Oil development has brought economic opportunities to the Native peoples of Alaska. For years, NANA's business ventures that support the oil industry have formed an important employment base for the region. RDC supports road link between King Cove, Cold Bay The Resource Development Council's Executive Committee voted recently to support a proposed 20-mile road link between King Cove and Cold Bay. While RDC supports a road connecting the two Southwest Alaska communities, it has not endorsed a specific route forthe road. RDC believes a final route selection should minimize impacts to the environment, including wetlands and sensitive habitat in the area. A surface link between King Cove and Cold Bay would greatly enhance public safety, provide peace of mind for the local residents, improve access, support local transportation needs and contribute to the growth of the local economies. A recent report by the Alaska Department of Transportation and Public Facilities noted that a cost - benefit analysis favors a road link between the two communities in order to improve access The Aleutians East Borough, Cold Bay and King Cove say the needs of their residents are best served by establishing a road link. King Cove residents have no safe way of reaching an all-weather airport in Cold Bay for medical evacuation to Anchorage during frequent harsh weather. Several people have died over the past decade in crashes of small aircraft trying to leave King Cove in bad weather. The proposed road would cut 10 miles into the Izembek Refuge. The Interior Department has told Congressman Don Young and Senator Frank Murkowski that itwill recommend aveto of legislation authorizingthe road, should the measure pass Congress. Some 20 national environmental groups are rallying to defeat the bill. March 1998 / RESOURCE REVIEW / Page 5 Comprehensive review calls for changes in Forest Practices Act (Continued from page 1) representative has accepted their shared responsibility for protecting habitat, and ensure a healthy, sustainable forest industry. The result has been a model of consensus that effectively guides the state's forestry program. Then why do some of us hope to tinker with it this legislative session? For the same reason that the 1990 Forest Practices Act (FPA) was formed to begin with. It must continue to reflect the latest science and modern technology. Existing practices must continuously be tested and those found to be outdated must be culled to reflect the knowledge of today. Eight years is a long time in the world of science and timber management. Today, after a two- year comprehensive review, we now need only to make surgical improvements to the Act and regulations. The standards that we seek to set are the direct result of field observations and continued monitoring. Long-term, joint monitoring began in 1992 by Sealaska Corporation. Koncor Forest Products, Klukwan In- Richard P. Harris 'A whopping 98 percent of landslides that put sediment into streams were from natural sources. When using modern forest practices, logging is an insignificant source of the land slides compared to `natural' land slides." corporated, the Alaska Forest Associa- tion and the State of Alaska. We looked closely at buffer zones, land slides and stream ecology. The monitoring in- volved 38 different buffer (riparian) zones and more than 11,000 trees. We also evaluated 152 landslides that took place over the past 50 years in twelve different watersheds. Out of the long-term monitoring has come some surprising revelations. Among them, that the best size for a "buffer zone," (the area of unlogged, undisturbed area on each side of a stream), is 66 feet. Buffers wider than 66 feet made no difference in the effect on the stream. The effect of "blow down," trees and forest matter that slides or falls into streams generally by wind, can actually have a positive effect on fish habitat. It was discovered that trees blown into streams provide good rearing pools and spawning beds for fish. The monitoring results on land slides put into perspective many of the notions held about ciearcuts and land slides. Without them, all streams would eventually erode to bedrock, and fish habitat would be lost. In the 12 study basins monitored for their land slides, only 11 percent were related to road construction or logging. A whopping 98 percent of land slides that put sediment into streams were from natural sources. To say it again, when using modern forest practices, logging is an insignifi- cant source of the land slides com- pared to "natural" land slides. We in the timber industry are proud knowing that as we have become better and more responsible harvesters. Our mission of stewardship must be a continuing one. Our commitment to continued, rigorous, extensive monitoring will augment knowledge about the effectiveness of the Alaska Forest Practices Standards as applied to Alaska streams. The close scrutiny Buffers serve as a source of woody debris for fish habitat. of this data by all interest groups will ensure the preeminence of healthy forests and productive habitats. In this legislative session, based on the intelligence gained thus far from the long-term monitoring, the Board of Forestry is recommending the following amendments to the FPA. First, the 66 foot no -harvest buffer zones should b extended to additional streams. Second, the width of "slope stability standards" must be extended on some streams. Finally, additional sources of large, woody debris should be provided for improved fish habitat. In the spirit of the design of the 1990 Forest Practices Act, these amendments reflect a broad -based consensus among forest stakeholders. If you have opportunities to speak or write to your legislators, please support the Board of Forestry's recommenda- tions as embodied in HB 373. Sealaska and many other timber companies in Alaska have traveled a long way in our knowledge of sustainable forest practices. Timber is a resource with many values. As good stewards we must ensure that the quality of our forests is protected well into the 21 st Century. We help that goal by these revisions to the Act this year. Richard P. Harris has worked on behalf ofSealaska's substantial resource bas since 1980. Mr. Harris has an extensit background in fisheries. environmental managementand forestry. Heisaleader in the timberindustry, and respected for his commitment to sustainable forestry. Page 6 / RESOURCE REVIEW / March 1998 Seafood industry is core of Unalaska's economy Number one port in nation for seafood volume and value RDC Executive Director Ken Freeman and Deputy Director Carl Portman met with community leaders and seafood industry officials during an RDC community outreach visit to Unalaska/Dutch Harbor last month. Freeman and Portman toured on- shore seafood processing plants and got a first-hand look at offshore pro- cessing on the vessel the Northern Hawk, operated by American Seafoods Company. RDC also met with Unalaska Mayor Frank Kelty, the Ounalashka Native Corporation and members of the City Council. A stunningly scenic island of rugged mountains and ocean -blue fjords, Unalaska is a bustling, progressive community serving as the service, repair and maintenance center for the domestic and foreign fishing fleets, as well as the base for onshore and offshore seafood processors. More than 400 vessels from 14 countries call on Unalaska. Home of several large onshore sea- food processing plants, Unalaska/Dutch Harbor is the number one port in the nation for seafood volume and value. The onshore plants, which employ 2,125 at peak season, including 460 full-time Unalaska residents, processed a total of 579.6 million pounds of seafood worth $118 million in 1996. Approximately 90 percent of the island's work force is economically de- pendent on the fishing industry. The current population is more than 4,000. For a most informative visit to the home base of one of the world's richest fisheries, special thanksto Mayor Frank Kelty; Stephanie Madsen, Aleutian Sea- food Processors Association; Richard Davis, Ounalashka Corporation; Brett Vielbig, American Seafoods Company; Grant Yutrzenka, Unisea and Sinclair Wilt of Alyeska Seafoods. • At top left, Mayor Frank Kelty displays a fresh catch of Snow Crab to RDC Executive Director Ken Freeman. • At top right, pollock hit the sorting belt at the Unisea plant. Unisea employs 1,060 workers during the peak season to process a wide variety of fish products from salmon to fish meal. The $100 million - plus facility can produce 500 tons of finished product per day. It also boasts the largest free-standing dock in Alaska built by Alaskan contractors. • Left, Brett Vielbig of American Seafoods speaks from the bridge of the Northern Hawk. a state-of-the-art, 340-footAt-sea processor. The Northern Hawk primanly operates in the Aleutians and the Bering Sea. Offshore processors estimate they process $500 million worth of seafood in the region. March 1998 / RESOURCE REVIEW / Page 7 l", :, Y - mac• ka 4l . •.,•1,7`�'��� .�' � •j+�°`. _ - - q, ice' low-—_ ` `♦>. 'f vfS �f: YYv �-3 .r yy1��y. �• ly�a..� fP"++�' . � * _ $� a L '+�1►v'{'b' - :fir .'�• • yam' _ ..o ' it 41f.1 1 411 rfVo moll KONIAG 1 N•R 0 R P 0 ,R A T E Resource Development Council, for Alaska Inc. Legislative Update Legislation Supported by RDC Updated March 24 1998 AMEREF: 550,000 General Fund Request for the Department of Education's AMEREF Program in FY 99. These funds will finance the DOE Program Director Q 60% and other related costs for the program and will sustain the public/private partnership. Included in the Conference Committee budget. HB 154 Regulatory Taking of Private Property, by Kohring. Requires the Department of Law to provide guidelines regarding state and municipal takings of private property. Status: House State Affairs since 2/24/97, then Judiciary and Finance. HB 284 Timber Threatened by Pests or Disease, by Hodgins. Directs the Commissioner of DNR to establish boundaries of an infestation or infection zone. Directs the Commissioner to suppress the infestation within the zone and to implement the necessary salvage measures. Status: House Resources. HB 296 The Alaska Minerals Commission, by Brice. Extends the termination date of the Commission to February 1, 2004. Status: Passed Legislature on 3/20/98, next to Governor. HB 386 Regarding the Alaska Industrial Development and Export Authority,, by the Rules SB 279 Committee at the request of the Governor. Status: HB 386 passed the House and transmitted to Senate; SB 279 referred to Senate Transportation and Finance. HB 393 Develop Stranded Gas Resources, Rules by request of the Governor. Legislation SB 288 which encourages development of Alaska's North Slope natural gas reserves. Creates a progressive tax structure which shifts the tax burden from the beginning of the project to later years when producers are realizing profits from their investment. Status: House Oil & Gas, then Resources and Finance; Senate Resources then Finance. HJR 2 Legislative Repeal of Regulations, by Rokeberg. Proposes an amendment to Alaska's Constitution which would allow the legislature to repeal a regulation adopted by a state department or agency. Status: House Rules. HJR 28 Support Access to Denali/Wonder Lake, by Brice. Supports enhancement of visitor access to Denali National Park and Preserve through development of a northern railroad route corridor access to the vicinity of Wonder Lake. Status: House Transportation since 3/10/97 then Resources. RDC Legislative update HJR 32 Oppose American Heritage Rivers by James. Opposes the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative. Status: House Rules. HJR/ 32 National Forest Road -Building Moratorium by the House Resources Committe SJR and Senator Duncan. Resolves that the Alaska State Legislature opposes a moratorium on the building of roads in the roadless areas of national forests without the use of the existing forest land management plan process. Status: House Rules; Senate Resources. SB 159 New Business Incentive Program by Pearce; Sanders. Provides for a grant program within the Department of Commerce and Economic Development which furnishes financial assistance to new businesses which meet the established criteria. Status: Passed Legislature on 3/20/98, next to Governor. SB 180 RS 2477 by Halford. Codifies Alaska's historic RS 2477 rights -of -way across public lands and records them in statute. Status: Passed Senate on 3/20/98, reconsidered on 3/23/98 by the request of Senator Adams. SB 209 Task Force on Privatization, by Ward. Establishes a task force that will review functions of state government that could easily be transferred to the private sector. The task force will include members from the public, legislative and executive branches of government. Status: House Rules. SB 270 Forest Resources, by Miller and Phillips. Amends the Forest Practices Act to HB 373 provide buffers on all anadromous fish streams and stronger protections to their tributaries. Status: SB 270 referred to Senate Resources and Finance, HB 373 referred to Senate Resources. SCR 20 State Areawide Leasing Program by Pearce. Resolves that the Alaska State Legislature endorses the state's areawide leasing program for the Cook Inlet, North Slope, and Beaufort Sea regions. Status: House Oil and Gas. 37 E e SKnA OF TONY KNOWLES, t � DEPT. OF ENVIRONMENTAL CONSERVATION Telephone: FACILITY CONSTRUCTION AND OPERATION (907) 465-5136 410 WILLOUGHBY AVENUE, JUNEAU, ALASKA 99801 ,,QDh/A'- L47-0+ry P",aAAr" AC, kJ i — 40 AXJ P&0,64 Owl March 13, 1998 Dear Municipality: Fax: (907) 465-5177 RECEIVED If low-cost loan financing for your drinking water, sewerage, solid waste or other non -point source pollution is an attractive option for your municipality, this package is important to you. Enclosed are forms to fill out if you are interested in low -interest loans for sanitation infrastructure projects. These forms must be filled out and mailed to us by April 17,1998. It is very important to note that there are two programs, one is for drinking water projects only and the other is for sewerage, solid waste and other non -point source pollution projects. The forms for drinking water project projects are labeled, "Alaska Drinking Water Fund" and the forms for the other projects are labeled the "Alaska Clean Water Fund." In addition to the questionnaire forms, you will also find scoring criteria for prioritizing these projects. The Alaska Drinking Water Fund is a new federal program. This year Alaska has been offered 7.3 million by the Environmental Protection Agency for drinking water assistance but it must be matched by 1.5 million in State dollars before we can use this money. This proposed State match is being considered by the Governor and the Legislature at this time. If this match is provided, then we will proceed this year with offering low -interest loans to help finance your drinking water projects. To acquire one of these loans, you must fill out one of the enclosed blue questionnaires for each drinking water project you wish assistance for. If you do not submit a form, under federal rules you cannot receive assistance. So please, if there is any possibility that your community may need low -interest loan financing in the next two years, submit a questionnaire. You do not incur any obligation by responding. The federal Safe Drinking Water Act requires states to assess the capacity of potential recipients before loan assistance can be provided from the Alaska Drinking Water Fund. In the coming months, we will provide you with the latest federal guidance on how this capacity is to be determined. I felt that it was important to make you aware of this program requirement at this time l.� TS V0 1 K0R6 Poo ovc►Pce /6--VA6ruCAorzS LGAA Z� f}PPl-ywr, FOR LOAAJ PR06.4AA^ A010S RolP.s s TD C9RA00r POtarc crs 3) 4#00& •vG A�Fs Nor d.Bcrc.�TE crT y printed on recycied paper b y QD• Page 2 March 13, 1998 We intend to operate the Alaska Drinking Water Fund in the same way that we operate the Alaska Clean Water Fund. There are some federal rules that require minor operational differences but overall the programs are almost identical. The loan terms, interest rates and financial requirements are exactly the same. Drinking water projects have different operational requirements than sewerage and other project types, of course. This will require some procedural differences but this is the only noticeable variance between the two programs. We believe that by sending out forms for both programs at the same time and allowing you to compare them side -by -side, we will reduce the chances of someone mistaking one for the other. As a reminder, the Alaska Clean Water Fund provides assistance for sewerage, solid waste, non -point source pollution and estuary enhancement projects. Please make copies and submit a separate yellow questionnaire for each of these types of projects you desire assistance for. Over the years we have diligently worked to modify these programs to meet your needs. If you have suggestions for program changes, please let us know. If you have questions about anything in this package or just need to have more information, please call either Mike Lewis in our Anchorage office at (907) 269-7616 or me. Once again, we need you to submit your forms to the address listed on the first page by April 17, 1998. Sincerely, Mike Burns, Chief Municipal Grants and Loans Enclosure One: Alaska Drinking Water Fund Questionnaire Enclosure Two: Alaska Drinking Water Fund Scoring Criteria Enclosure Three: Alaska Clean Water Fund Questionnaire Enclosure Four: Alaska Clean Water Fund Scoring Criteria cc: Dan Steinborn/EPA-Region X, Seattle Jerry Opatz/EPA-Region X, Seattle Steve Torok/EPA-AOO, Juneau Bill Gissel/EPA-AOO, Juneau Mike Lewis/Municipal Grants and Loans, Anchorage April 'I 1, 1998 CITY COUNCIL MEETING PUBLIC WORKS DIRECTOR REPORT Forest Drive/Redoubt project neighborhood meeting was held on March 26. DOT engineers from Juneau and Anchorage presented the drawings of improvements. I have a list of items requesting further consideration by the state design team. I have a set of pre -design drawings if anyone would like to look at them. The typical section and road plan is posted over on the wall. Good news on our water quality at our 3 well houses. EPA has been pressuring DEC to determine which wells in Alaska have "Groundwater under the influence of surface water." Initial items of concern are 1) Water has color 2) Water has high turbidity 3) Water fluctuates seasonally. Unfortunately we have all 3. We heard that DEC is going to start investigating in 11/2 to 2 years. Since a positive determination would result in multi million dollar water treatment plants and additional operators, we decided to take a pro active position and test for this ourselves. We figured that if there was a problem and we caught it now it would give us more time to plan ahead. We sampled all 3 wells and had Northern Testing Labs do a Microscopic Particulate Analysis, which is the determining test. The results: Relative Risk Factor is <9 which is the lowest you can go All 3 wells were classified as low risk for surface water infiltration MAYOR'S REPORT APRIL 1, 1998 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA BY: ADD AS: B-3, Paul Dale - Kenai Visitors and Cultural Center Clerk REMOVE: H-5, Discussion - Softball Tournaments - Tent Camping City Manager CONSENT AGENDA CORRECTION: E-1, Minutes of 3/ 18/98 meeting - At page 17, Item H-8, Schedule Budget Work Sessions, add as second budget work session, April 22, 1998, 7, p.m. at the Senior Center. MAYOR'S REPORT Clerk 1791-1991 CITY OF KENAI . _ "(X Capital o� Q FAX TO FROM 210 Fidalgo, Suite 200 10inai,.Alaska 99611-7794 Phone 907-233-7535 Fax 907-283-3014 Date sy /�/ Number of Pages 9 �%r AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 1, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.Kenai.net/city B. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Robin Nyce - KCHS Cross -Country Ski Team and Booster Club/ Cross -Country Ski Course. 2. Suzanne Little - Boys & Girls Club/Use of Recreation Center Gymnasium. C. PUBLIC HEARINGS Ordinance No. 1776-98 - Replacing KMC 12.20.010 ("Expectorating on Streets and Sidewalks") With New Wording Described as "Deposit of Refuse." 2. Ordinance No. 1777-98 - Changing the Employee Classification, Supervisory and Professional, List at KMC 23.50.010(a) to Include a Public Works Manager and An Assistant Airport Manager, and Changing the Airport Manager's Range. 3. Ordinance No. 1778-98 - Including the Newly Created Position of Public Works Manager as One of the Positions Exempted From the Fair Labor Standards Management Act. 4. Resolution No. 98-14 - Transferring $2,975 From General Fund Contingency to Purchase Furnishings for the New Animal Control Shelter. 5. Resolution No. 98-15 - Supporting Senate Bill 263, An Act Relating to Secondary Roads, and Senate Bill 264, An Act Relating to Municipal Road Maintenance. 6. Resolution No. 98-16 - Authorizing the Purchase of an Elgin Sweeper With Equipment Replacement Fund Assets. 7. Resolution No. 98-17 - Awarding the Bid for a 1500-Gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc., for a Total Amount of $291,530. 8. Resolution No. 98-18 - Awarding the bid for a 1500-GPM Class A Pumper to United Fire Service, Inc. for a Total Amount of $275,356. 9. Resolution No. 98-19 - Requesting the U.S. Army Corps of Engineers to Immediately Reissue Those Nationwide Permits That Were Excluded From the Kenai River Comprehensive Management Plan Boundaries in SPN 97-02. 10. Resolution No. 98-20 - Transferring $5,500 in the General Fund for Buildings Operating and Repair Supplies. H. NEW BUSINESS 4. Discussion - Lease Requirements for Commuters - Insurance 5. Discussion - Softball Tournaments - Tent Camping 6. Discussion - Scheduling Board of Adjustment Hearing in the Matter of Appeal of Planning & Zoning Commission Action/Conditional Use Permit/Lots 6 & 7, Papa Joe's Subdivision - Vesta Leigh and Jo -An Buzzell, Appellants. Additional information can be found at htty: / /www.Kenai.net/city. The public is invited to attend and participate. Carol L. Freas City Clerk 1791-1"1 CITY OF KENAI . CL 06 FAX TO (jG�t� �L av;w M 210 Fidalgo, Suite 200 Kenai -Alaska 99611-7794 Phone 907-283-7535 Fax 907-293-3014 Date � / a 7 / Number of Pages 1 2 3 4 5 6 7 KENAI CITY COUNCIL MEETING APRIL 1, 1998 INFORMATION ITEMS 3/ 18/98 Kenai City Council Meeting "To Do" List. 3/ 13/98 Represent Don Young letter regarding BOR land conversion/exchange - Multi -Purpose Recreational Facility. 3/ 19/98 Speaker G. Phillips letter to John White, Alaska Board of Fish voicing her strong objections to moving meetings scheduled for Soldotna. 3/24/98 KH memorandum regarding 1998 lease renegotiations. 3/23/98 KVCC 1998 Calendar of Events. 3/98 Resource Development Council, Inc. Resource Review. 3/ 13/98 DEC letter regarding ADWF and ACWF loan programs. MAKE 22 PACKETS COUNCIL MEETING DATE: Mayor and Council Fire Department Police Department Senior Center Library. Parks & Rec. 0 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 f' Clerk / City Manager_ d00`, Taylor Springer Finance or Kebschull Ae Public Works / Kim Airport i Clarion Engineer 40 Commissions P&Z to MK HDB to MK 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 saved as HTML files and emailed and faxed to Bill Grimm on Friday afternoon. Directions are: