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HomeMy WebLinkAbout1998-05-06 Council PacketKenai City Council Meet ing Packet May 6, 1998 AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 6, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www. Kenai.net / city BOARD OF ADJUSTMENT HEARING- Appeal of Tom/k Vickt Fruichantie BOARD OF ADJUSTMENT HEARING- Appeal of Restaurants Northwest (Burger A. CALL TO ORDER , 2. 3. 4. Pledge of Allegiance Roll Call Agenda Approval 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. Be SCItEDULED PUBLIC COMMENT (10 Minutes) . Henry Novak- Cook Inlet Council on Alcohol & Drug Abuse Ce PI~LIC HEARINGS . Ordinance No. 1779-98 - 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 Co_m__mission More Than Once in Any Nine-Month Period. Remove from table. Consideration and action. , Resolution No. 98-25 - Transferring Funds for Purchase of Airport Master Plan Report. , Resolution No. 98-26 - Transferring $2,500 in the Airport Lands Fund for Airport Lighting Electrical Training. -1- De , Resolution No. 98-27 - Awarding a Contract to Wilkes Quality Floors for Kenai Public Safety Building Carpet Replacement- 1998 for the Total Amount of $30,734.00 Which Includes the Base Bid and Additive Alternate. COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees Beautification Committee Historic District Board Challenger Board Kenai Visitors & Convention Bureau Board Alaska Municipal League Report Ee MINUTES . *Regular Meeting of April 15, 1998. *Budget Work Session Notes- April 8, 1998 *Budget Work Session Notes- April 22, 1998 Fo G. OLD BUSINESS He NEW BUSINESS ,, Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 *Ordinance No. 1780-98 - Increasing Estimated Revenues and Appropriations by $1,156 in the Senior Employment Tire V Fund. , *Ordinance No. 1781-98 - Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part-Time Employees. -2- o *Ordinance No. 1782-98 - Appropriating $600,000 of grant Funds for '98 Water System Improvements. e Discussion - Challenger Agreement , Discussion- Scheduling Board of Adjustment Hearing- Denial of Variance for Off-Premise Sign/Tract A-2, Evergreen Tract A Re- Subdivision - Jerry Stock, Appellant. , Approval - Change Order No. 4 - Alaska Regional Fire Training Center/Alcan General, Inc. - $45,643.00. , Approval- Special Use Permit Rencwal/TSN, R11W, Sec. 9, Lot 3, Patent A-032678, City Dock to Snug Harbor Seafoods. EXECUTIVE SESSION- None Scheduled. I® ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attomey 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- MAYOR'S REPORT MAY 6, 1998 REGULAR COUNCIL MEETING ADD AS: CHANGES TO THE AGENDA Information Item No. 5- Invitation to KPB/EDD 1998 Economic Outlook Forum REOUESTED BY: Mayor ADD AS: Information Item No. 6 - 5 / 3 / 98 AML Fax Alert Mayor CONSENT AGENDA MAYOR' S REPORT 0 NI ,,a 0 r,,,1 i-4 o O_ ~~ ~ ~ 0 0 ~ ~ o ~ ) MAIN OFFICE 10200 Kenai Spur Highway P. O. Box 882 Kenai, Alaska 99611 Telephone: 283-3658 COOk Inlet Council On Alcohol And Drug Abuse "A PRIVATE NON-PROFIT CORPORATION" HOMER OFFICE 1230 Ocean Drive P. O. Box 2352 Homer, Alaska 99603 Telephone: 235-8001 April 30, 1998 City of Kenai 210 Fidalgo Ave. Kena~ Alaska 99611 Dear Mayor Williams and City Council Members, This is a formal request to speak to the Kenai City Council regarding donation of land if i secure a grant to build a living center for chemically dependent individuals. At present there are no resources for males who have no place to live while receiving chemical dependency treatment. At the present time these individuals are treated at the hospital emergency room and released often to repeat the cycle. This facility would help break that cycle. Sincerely, Henry Novak Executive Director · Counseling - Individual, Group and Family · Referrals · Screenings and Assessments · Trainings · Consultations · Alcohol Safety Action Program · Employee Assistance Programs OA United Way Ag®noy .0,~£ II CITY OF KENAI OItDIN~CE NO. 177~-9S Suggested by: C ...... AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI ZONING CODE AT KMC 14.20.150 TO PRE~NT 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 sfm__i!ar 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: 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 KEN~, ALASKA, the 1998. day of May, ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted' Effective' April 1, 1998 May 6, 1998 June 6, 1998 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM To: From:~'/~ Date: RE: Kenai City Council Cary tL Graves, City Attorney May 1, 1998 Ordinance No. 1779-98 (~oratorium on Substantiany Simnar CUP's) Ordinance No. 1779-98 would prohibk submit6ng a CUP application if a substantially similar one had been reiec~ed in the previous nine months. This ordinance is modded afl:er munidpal code provision~ preventing application of zoning amendments which are "substantially similar" or "substantially the same" as ones which have been reiected widfin the previous nine to twelve months [Anchorage Municipal Code 21.20.080; Soldotna Municipal Code 17.03.750.A.3; KMC 14.20.270(b)0)]. The question has arisen on what "substantially similar" means. The terms "substantially similar" or "substandally the same" are not further defined in the above-referenced municipal code sections. Dobbs v. Board ofAppeds of North~, 162 N.E.2d 32 (Mass 1959) focused on interpreting the phrase "substantially different in character" to determine whether a non-conforming use was allowed. In that case, the court held a beauty parlor was "substantially different in character" from merchandise sales because the use had changed from merchandise sales (grocery and farm equipment sales) to personal service (beauty parlor). In the Chumley scenario, the second application would not have been "substantially similar" because the use had changed to "professional offices." However, some applicadons with the same use may not be substantially similar--for example, where the size of a proposed building had dramatically increased (e.g. from a one-story to a three-story building). Applications where only the landscaping had been changed or the access had been modified would likely be determined to be "substantially similar." The detenmation of whether an application is substantially similar would be made on a case-by-case basis. Because administrative decisions on zoning may be appealed under KMC 14.20.290(4, ultimately the detem~adon on whether an application is "substantially similar" would be made by the Planning & Zoning Commission and the Council acting as the Board of Adjustment. If you have any questions, please let me know. CRG/sp KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 2 ITEM C: PUBLIC HEARINGS Ordinance No. 1779-98 - 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 Com~_m~ssion More Than Once in Any Nine-Month Period. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 17'79-98 and Councilman Bookey S~A~O~ED the motion. Ron Goecke - 109 Deepwood Court, Kenai. Goecke stated he understood from what this ordinance stemmed from, and had no objections to the wording of the ordinance. However, he believed, because of Alaska's short construction season, the time period was too long and suggested a three-month period or 90-day period. W~!!~ams asked Goecke if the Planning & Zoning Commission had made any comments in reference to the ordinance. Goecke answered no, the Commission had not heard about the ordinance until this meeting. Smalley disagreed. Williams stated, the primary reason council went forw~d with the ordinance is that it felt an overbearing responsibility to the Commission to help the process by not hindering the Commission with repetitive issues. Williams stated he was cOncerned council didn't ask for Commission's review of the ordinance. 13ookey concurred and stated he had asked for the ordinance to be written. He added, he thought the ordinance would go to the Commission (at council's last meeting). He added, he would have liked the Commission to review the ordinance. Bookey stated, he had no problem with the nine-month period as he felt the general public should not have to beat a conditional use permit application back time and time again. With a nine-month period between applications, it will be more palatable to the public. Councilman Smalley asked if the moratorium now in the Code refers to zoning changes and asked what the time period is for a zoning change. Attorney Graves answered, nine months. Smalley stated he did not have a problem with the nine- month period. Smalley added, he also thought the matter would go to the Commission for review. He understood it was requested to be forwarded to the Commission. Bannock noted, the request had been denied. Clerk Freas referred council to page 18 of their April 1 meeting wherein it stated, "Bannock referred to Item H-3, Ordinance 1779 and requested a copy of the ordinance be included in the P&Z Commission's packet as an informational item for their review at the April 8t~ meeting." e NEW BUSINESS: Ordinance 1779-98 -- ~mending KMC 14.20.150 to prevent the same or substantially similar conditional use permit applications from being considered by the Planning and Zoning Commission more than once in any nine-month period. Kebschull reported this item was on the Council agenda but was not discussed as Council wanted input from the Planning and Zoning Commission. Kebschull also noted, this is a result of recent Conditional Use Permits under review, however, the two for the Papa Joe Subdivision would not fall under this case because they were not s~m~lar as they were for different uses. Glick asked who determines what is 'substantially different~. Kebschull stated that she had the same question and it is assumed that each case would be determined by the legal staff. Goecke indicated the issue is a major sticking point for him at this time. Goecke reported that he discussed this with the Counci!~an who was instrumental in bringing the issue forward. The Councilman is also not clear as to who makes the determination of what is substantially different. Goecke continued, until a definition of what is substantially different, he isn't sure that he would vote for the item as it sits. Goecke thought perhaps the Planning and Zoning Commission should make the determination and if it is, then it should become part of the ordinance. If that cannot be done, then Goecke definitely would not be in favor of the nine-month waiting period because that period of time can really cause problems due to the short building season. Goecke reiterated that until such time as a determination is provided as to who is going to do what, then Planning and Zoning should not approve or disapprove the ordinance as it is written unless it can be approved with a footnote that says that Planning and Zoning should, in fact, make the determination as to whether it is substantially different. Mahurin indicated she has the same question with the definition, it should not be considered whether it is a significant change or a substantial change, as those are different types of words. Mahurin agreed with the concept as she thinks this is a reaction to what was just dealt with. Mahurin continued, she was quite distressed to learn that the ordinance allows for someone to change their permit from the time it is denied and to when they appeal the decision to the Board of Adjustors. Mahurin pointed out this bothered her as it doesn't seem like a fair rule in that the players involved on either side don't know those rules. She added, she didn't know those rules and she didn't think that's right. Mahurin continued, either there are rules for conditional Planning & Zoning Commission April 22, 1998 Page 4 use permits or there is not and if it's going to be appealed it should be appealed as the way it came to Planning and Zoning originally. Mahurin agrees that this language, to a person who negotiates contracts, is open to a lot of discussion and interpretation and she isn't comfortable with that unless Mr. Graves has some sort of a legal definition for substantially/similar that the Co~_m_,_'ssion doesn't know about. Christian commented that if something were substantially different he thinks a shorter t~me would be more appropriate, however, he also would like to see a certain minimum time passed before any new proposal is presented so that it can't come back one month later or even one meeting later with a new proposal. Perhaps some type of period of three to four months be established before anything new could be proposed. Christian stated that if it is substantially different perhaps three months would be enough but if it is s~i!ar then maybe a nine month period should be established. Christian continued, he doesn't like the term %ubstantially' as it is too difficult to define. Bryson indicated that he is opposed to what is proposed as he feels that if something is substantially different why does it have any constraints unless the purpose is to just slow down construction during the better part of a construction year. Bryson does not know of a situation where this would have ever been applied in the time that he's been around. He didn't feel it would be appropriate for the last conditional use because it was essentially different. Bryson continued, he doesn't know of any other time that it would have applied to in an unbiased interpretation of what was being requested. Nord agreed with Bryson and feels there shouldn't be any constraints on substantially different permit applications. Nord indicated that she hasn't been around long enough to know whether this would apply or not but she trusts Bryson's input. Wemer-Quade stated it seemed to her this came out of the Chumley affair but then she hears it wouldn't even be applicable ff it were in place at present to that situation so she feels the whole ordinance is unnecessary. Mahurin asked Goecke if he knew what the rationale was behind the Councilman's recommendation for the new Ordinance. Goecke answered, he really didn't know and didn't ask, however, he agrees that this would not have entered into the past issue because there was substantial differences between the two applications. Goecke felt if there were substantial differences there should not be any waiting period due to the high construction costs. Planning & Zoning Commission April 22, 1998 Page 5 e Mahurin pointed out she was not disagreeing, she was just wondering why the originator put nine months as the clarification could help if the Commission knew why it was written the way it was. Kebschull confirmed that the nine months came from the amendment procedures in the Code for rezones. Kebschull read the Code, "the proposed amendments to the zoning ordinance which is substantially the same as the any other proposed amendments within the previous nine months shall not be heard.~ Christian stated that discussion is taking place on conditional use not principal use. Usually in a conditional use it is not the typical use for that property so maybe putting a little more of a obstacle in a person's way would be beneficial. If this isn't a principal use, then why would the Commission bend over backwards to help the person come up with a use for his property other than for what the land is zoned. Although nine months seemed like a long time, that restriction mfght limft the nuisance proposals the Commission has to continually deal with and the public would have to comment on. Goecke stated in theory that sounded great but at the same time he sincerely believes that putting too many restrictions on anything would 1~ any development in the City. Goecke thinks the conditional use permit process that is in place has and will continue to meet the criteria and expectations. Goecke also believes that if anyone wants to kill development in town then keep on adding restrictions. The neighbors to the east will get considerably larger and the taxes in Kenai will go up considerably higher than what they are now. Glick asked for clarification that Council just wanted comments from Planning and Zoning. Kebschull co~_firmed that was correct and will assure the minutes will be included in the Council meeting packet. OLD BUSINESS: PZ98-18 - Amending KMC 14.20.230 to Require Permits for Home Occupations. The revised Ordinance, KMC 14.20.230 was reviewed. Bryson noted the proposal meets the concerns expressed at the last meeting. Nord was satisfied with the changes. Christian had no objections. MAHURIN MOVED THAT A PUBLIC HEARING BE SCHEDULED ON THE PROPOSED AMENDMENT, PZ98-18 TO AMEND KMC 14.20.230. MOTION SECONDED BY GOECKE. Planning & Zoning Commission April 22, 1998 Page 6 Suggested by: AdrnJnistration City of Kenai RESOLUTION NO. 98-25 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING FUNDS FOR PURCHASE OF AII~ORT MASTER PLAN REPORTS. WHEREAS, the Airport Master Plan project is in the final stages of completion; and WHEREAS, the City desires to have 1,000 copies of an executive summary of the Master Plan; and WHEREAS, the contractor, Aries Consultants, Ltd., has agreed to provide these reports as well as 10 copies of the Part 139 Airport Certification Manual for $10,000; and WHEREAS, the contractor is allowing a $2,000 credit because the City is requesting 50 fewer copies of the full Plan document than originally ordered; and WHEREAS, there is $2,909.22 still available in the Airport Master Plan Capital Projects Fund in the administration account; and WHEREAS, the remaining $5,090.78 is available in the Airport Land System Special Revenue Fund contingency account; and WHEREAS, the contractor has requested that the date for completion of the project be extended to December 31, 1998 due to delays in FAA review. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1' That the following budget transfer be made in the Airport Land System Special Revenue Fund; From: Administration- Contingency $5,090.78 To: Administration- Professional Services $5,090.78 Resolution No. 98-25 Page Two Section 2' That the following budget transfer be made in the Airport Master Plan Capital Projects Fund. From: Administration $2,909.22 To' Engineering $2,909.22 Section 3' That the authorized completion date of the project is extended to December 31, 1998. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6m day of May, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance- (4/~2 / ~8) k~ ARIES CONSULTANTS LTD. 16360 Monterey Road, Suite 270 Morgan Hill, California 95037 April 8, 1998 Jack La Shot, P.E. City Engineer City of Kenai 210 Fidalgo Kenai, Alaska 99611 Phone' (408) 779-5776 Fax: (408) 779-9052 E-Mail: Aries-Consultants @ msn.com RECEIVED _ = __ III ii ~ OF ICENAI RE: Kenai Municipal Airport Master Plan Contract Amendment No. 2 Dear Jack: In response to the City's request for an Executive Summary Brochure of the Airport Master Plan for use in future marketing of the Airport, Aries Consultants Ltd. prepared two versions of a brochure for City review. Based on the City's selection of an 8-page brochure, we estimate that it will cost $9,500 to produce and print 1,000 copies of the Executive Summary for the Kenai Municipal Airport Master Plan. The City has also requested that we print 10 copies of the FAR Part 139 Airport Certification Manual. Printing of the FAR Part 139 manual is not included in our contract. To provide the City with 10 bound and indexed copies of the manual, as well as a disk, will cost an estimated $500. The City has requested that we print only 50 copies instead of 100 copies of the Final Airport Master Plan Report. This will save an estimated $2,000 in printing costs from the original contract budget. Therefore we are requesting a second contract amendment to our June 6, 1995 Planning Services Agreement for $8,000 to complete this additional work requested by the City. The new FAR Part 139 Airport Certification Manual cannot be finalized and submitted to the City and FAA for review and comment before the FAA approves the new Airport Layout Plan drawings. Although the Airport Layout Plan drawings have been submitted by the City to FAA for approval, any comments and/or revisions may require an T A Corporation ARIES CONSULTANTS LTD. Jack La Shot, P.E. Page Two April 8, 1998 additional approval process by FAA. Final approval of the Airport Layout Plan and the subsequent processing and.printing of the FAR Part 139 Certification Manual will take several months to complete. Therefore, we are also requesting an extension of our Planning Services Agreement with the City through December 31, 1998. Yours sincerely, ARIE~ULTANTS LTD. R. John Sanders President RJS/sjl Suggested by: Airport Manage. City of Kenai RESOLUTION NO. 98-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,500 IN THE AIRPORT LANDS FUND FOR AIRPORT LIGHTING ELECTRICAL TRAINING. WHEREAS, City maintenance employees have the opportunity to attend a seminar for electrical training for the airport lighting and electrical systems; and WHEREAS, this training was not budgeted, but will be very beneficial to the airport operations; and WHEREAS, money is available in the contingency account of the Airport M & O budget. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Land System Special Revenue Fund From: M & O - Contingency $2,500 To: M & 0 - Professional Services $2,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6~ day of May, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (4/30/98) kl CITY OF KENAI RESOLUTION NO. 98-27 Suggested by: Admini A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO WILKES QUALITY FLOORS FOR KENAI PUBLIC SAFETY BUILDING CARP~ REPLACEMENT--1998 FOR THE TOTAL AMOUN~ OF $30,734.00 WHICH INCLUDES THE BASE BID AND ADDITIVE ALTERNATE. WHEREAS, the following bids were received on April 29, 1998: ADDITIVE BIDDER BASIC BID ALTERNATE TOTAL Wilkes Quality Floors Eastside Carpet Co. Rainbow Builders 4-D Carpet One, Inc. Steve Rutherford Floor Covering 16,076.00 14,658.00 30,734.00 16,577.00 15,950.00 32,527.00 17,984.00 13,218.00 31,202.00 23,778.50 16,875.00 40,653.50 32,425.00 24,035.00 56,460.00 WHEREAS, the Basic Bid is to provide approximately 800 square yards of carpet located in the Kenai Police Department and the Additive Alternate is to provide approximately 700 square yards of additional carpet located in the Kenai Fire Department, and WHEREAS, the recommendation from the City Building Official is to award the contract to Wilkes Quality Floors, and WHEREAS, the Council of the City of Kenai has determined that Wilkes Quality Floors' bid for the Basic Bid and Additive Alternate is a responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to Wilkes Quality Floors for the total amount of $30,734.00 which includes the Base Bid and Additive Alternate. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of May 1998. ATTEST: JOHN J. WILLIAMS, MAYO R Carol L. Freas, City Clerk/o- Approved by Finance: ~ TO' FROM' DATE' RE: CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM Commission, Committee and Board Members City of Kenai Carol L. Freas, City Clerk City of Kenai f~/~g~/" April 30, 1998 f) COMMISSION POSITION A VA rL4BILITY It has been council's policy to inform other members of city boards, commissions and committees when a position comes available on another board, commission or committee. In this regard, please review the upcoming openings and contact me by May 14, 1998 of your interest to be considered for transfer from your respective seat to one of the following: o Effective May 14, 1998, there will be a position available on the Planning & Zoning Commission. (A member of the Planning & Zoning Commission is obligated to attend two meetings a month, required submit a completed Conflict of Interest form, and reside in the city.) ,, At-large seat on the Airport Commission. Again, if you are interested in being considered for transfer from your respective board, commission or committee, please contact me or Sheryl Padilla by May 14, 1998. Your name will then be forwarded to council (along with any applications on file) for their consideration. clf U.S. Department of Transportation ~®d®rai Aviation Administration Memoranc Subject' From: To: INFORMATION: Kenai Airport Commission Resignation Air Traffic Control Specialist, Kenai AFSS Keith Holland, Kenai Airport Manager Date: Reply to Attn. of: April 14, 1998 ,' . · · KENAI CITY CLER' ~ K I have received government orders for a move to Seattle AFSS. My reporting date will be April 26th, 1998. Please accept my resignation as the FAA representative for the Kenai Airport Commission. If you have questions, I can be reached through Kenai AFSS at 283-3735 until April 24th. Thank you, Sandra E. Hudson RECEIVED - 7 1996 C TY' CZTY OF KEh-AI ITY OF KENAI O AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: AUGUST 7, 1996 NAME: Lucy C. Lorenzen Resident of the City of Kenai? Yes How long? 14 mo. Residence Address 521 Ash Avenue Kenai, Ak. (Woodland Estates) Mailing Address 521 Ash Avenue Kenai, Ak. Telephone No. (907) 283-3264 Business Address 470 N. Willow St. Kenai, Ak. Telephone No. (907) 283-3010 Federal Aviation Administration EMPLOYER .- Job Title Air Traffic Control Specialist NAME OF SPOUSE Robert C. Lorenzen Current membership in organizations: Boy Scouts of America (den leader/camp coord./uniforms/cormnittee) National Assoc. of Air Traffic Specialist (membership) Pa~att. orqa~izatioa~l a&embershiDa :. loner± Assoc. orazr 'l'razrlc ~pec~a±ist (representative) Nome Arts Council (secretary/treasurer) Group Leader for Tiger Cub Scouts Nome womens Bowling League (secretary) cub Scouts,BSA (secretary for co~ittee CO~ITTEEB OR CO~ISBIONB IN ~ICH YOU ~E I~ERESTED: Kenai Airport Committee WHY DO YOU WANT .TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE9 I am naturally intrested in new opportunities that promise more challenge and rewards. I am always intrested in involement within the community and other job related activities. I am ready to take on new tasks and make a valuable c. nn~-."~h,,r'~cm ~-.c~ and for the co~ittee. Thank You for your consideration. / / - / KENAI ADVISORY HARBOR COMMISSION MEETING APRIL 13, 1998 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN WILL JAHRIG AGENDA ITEM 1' CALL TO ORDER &, ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - March 9, 1998 ITEM 4: PERSONS SCHEDULED TO BE ~ _HEARD ITEM 5: REPORTS Director Dock Foreman ITEM 6: OLD BUSINESS 1998 / 99 Goals & Objectives ITEM 7: NEW BUSINESS ITEM 8: COMMISSIONERS' COMMENTS/QUESTIONS ITEM 9: INFORMATION Kenai City Council Action Agendas of March 18, and April 1, 1998. ITEM 10: ADJOURNMENT ® m ® ® ® KENAI ADVISORY HARBOR COMMISSION April 13, 1998 - 7:00 p.m. City Hall Council Chambers Chairman: Will Jahrig *** MI~qITF, S *** ROLL CAI,L: Chairman dahrig called the meeting to order at 7'00 p.m. Members Present: Will Jahrig, Barry Eldridge, Tom Thompson, George Spracher Members Absent: Michael McCune Others Present: Councilman James Bookey, Public Works Director Keith Komelis, Contract Secretary Barb Roper, Dock Foreman Swede Freden, Paul Dale, Snug Harbor APPROVAL OF AGENDA THOMPSON MOVED TO APPROVE THE AGENDA. MOTION SF~ONDED BY ELDRIDGE. THE AGENDA WAS APPROVED AS PRESENTED. APPROVAL OF MINUT~ ReEular Meeting of March 9, 1998 THOMPSON MOVED TO APPROVE ?H~ MINUTES OF MARCH 9, 1998. MOTION WAS SECONDED BY SPRACHER. MINUTES OF MARCH 9, 1998 WERE APPROVED AS WRITTEN. PERSONS SCHEDULED TO BE HF_,ARD - None RRPORTS a. Director Komelis reported that a memo regarding the Commission's concerns about Snug Harbor's boat yard lease was sent to the City Attorney. Bookey reported the Attorney felt it was appropriate to negotiate the lease and it could be handled with a Special Use Permit. It was also noted any recommendations from the Harbor Commission would have to go to Council. Harbor Commission April 13, 1998 Page 1 Komelis reported that Snug Harbor's lease for the boat storage yard at the dock will expire on June 30, 1998. It was noted the 120 x 240 sq. ft. lot was leased at $250.00 per month. Komelis indicated that he had a map available if anyone wanted to review it. Eldridge asked if the City had to go back to BLM for the extension. Komelis answered, yes, but it should not be a problem. Komelis stated that Snug Harbor is also interested in enlarging the area to allow for additional boat storage during the winter months and dip net parking in the summer. Dale indicated the increase would go from 240 feet to 480 feet. Dale would like to have this request considered as an option as he is unsure what the cost would be as it is his intent to install a removable face fence so that the area could be used for parking during the dip net season. Discussion took place on whether this additional space would be done on a full-year lease or for nine months to allow for parking. Dale reiterated that he is unsure what the cost involved would be as he isn't sure how many boats would be stored there. It was determined that Dale will come back to the Commission in duly after he had done more research. Discussion continued on the current boat yard lease and Eldridge thought the fair market value should be between $400 and $500 per month. Jahrig thought the rate should remain the same since Snug Harbor has about 20 boats already stored there and it is getting too close to the expiration date. SPRACHER MOVED TO RE~ THE SNUG HARBOR LEASE OF THE BOAT YARD AT THE SAME RATE OF $250 PER MONTH. MOTION SECONDED BY THOMPSON. Vote SPRACHEIt Yes MCCUNE Absent JAHRIG Yes THOMPSON Yes ELDRIDGE No Motion Failed. Bookey thought $250 per month was on the low side for the boat yard but if the Commission recommended it to remain the same Council will probably approve it. Bookey reported there is the possibility that discussion would take place within the next six to eight months on privatizing dock operations. Eldridge felt the lease rate was frae for last year but it should be doubled this year due to the value of the property. Harbor Commission April 13, 1998 Page 2 Dale asked the Commission to consider that the ground is 100% useful as he can put a boat anywhere in there with a forklift unlike the other acreage he used to lease. Dale pointed out the acreage he used to lease came with fewer restrictions than the current ~ acre leased from the City. In terms of a price per square foot, Dale reported he leased over five acres for $733.00 per month for a year so if the Commission is looking at a percentage of saleable property in the six to ten percent range, the $250.00 per month isn't beyond that. Dale did say he was not opposed to an increase but felt it was necessary that he bring the down sides to the attention of the Commission. ELDRIDGE MOVED TO EXTEND THE SNUG HARBOR LEASE FOR AN ADDITIONAL YEAR AT $400.00 PER MONTH TO JUNE 30, 1999. SPRAC~R SECONDED THE MOTION. VOTE: THOMPSON Yes ELDRIDGE Yes JAHRIG Yes MCCUNE Absent SPRACHER Yes MOTION PASSED UNANIMOUSLY. The new rate for the Snug Harbor boat yard lease is $400.00 per month. dahrig asked Commissioners to go to the dock and look at the additional space Snug Harbor is interested in so that when Dale came back everyone would have an idea of the area. Bookey reported the City Attorney didn't think much of the idea of small businesses being run off the dock unless they are marine related such as a prop shop, net repair, radio repair etc. Dock Foreman: Freden stated he anticipates the dock opening on May 1, 1998 (once he is released from the street department). Komelis reported that a dock helper will be hired approximately April 20 and that person will help Freden with the preparations for opening the dock. Freden stated the silt needs to be removed from the boat ramp. Freden reported the City Manager received a complaint about the buoys being pulled too early. Discussion took place on the complaint and the time frame for pulling the buoys. Komelis reported that notices will be posted a couple of weeks before the buoys are pulled and users will be notified by letter. It was noted the charge for leasing a buoy is $5.00 per day. Harbor Commission April 13, 1998 Page 3 e OLD BUSINESS 1998/99 Goals and Objectives The 1998/99 goals and objectives were reviewed. ThomPson asked about the status of the Kenai River Management's desire to take over the lower river. Bookey replied, at this time the lower four miles of the fiver will remain in City hands. A lengthy discussion took place on the politics involved with the four miles of the lower river and it was thought the item should be included as a goal and objective as it is an issue that is always discussed. After discussion, the following will become a long term goal, Item 9. Continue to monitor the development and activities in the lower fiver to promote and encourage an environmentally sound blend of commercial and sport aspects of the industry. Jahrig thought access to Birch Island should be included as a goal. It was thought that DNR was considering access when the original boardwalk was being installed. The type of permits required was discussed and it was noted a permit was not required for piling. Komelis will check on the type of permits, if any, are required. The following item waa added as Item 10 in long term goals: Consider development of access to Birch Island and an interpretative site by building boardwalks. ELDRIDGE MOVED TO APPROVE THE 1998/99 GOALS AND OBJECTIVES FOR THE HARBOR COMMISSION INCLUDING ITEMS 9 AND 10 UNDER LONG TERM GOALS. MOTION WAS S~ONDED BY THOMPSON. VOICE VOTE: ALL IN FAVOR, MOTION PASSED UNANIMOUSLY. NEW BUSINESS - None COMMISSION COMMENTS & (~~TIONS Director Kornelis reminded the Commission of the Volunteer Appreciation Reception to be held on April 21, 1998 from 6:00 p.m. to 8:00 p.m. at the Visitor's Center. Komelis also reported that two grants were submitted for Exxon Valdez funds. The fa'st is for $100,000 to enlarge the par~g lot at the bottom of South Harbor Commission April 13, 1998 Page 4 Spruce to accommodate the dip net fishery. Komelis noted a Corps permit to do the work has already been obtained. The second grant is for $800,000 to provide road access and partdng lot on the south side of the Kenai River mouth. Commissioner Jahrig requested that PTI be asked to mark their vaults as they are dangerous for snow machines riding in the area. Komelis will draft a letter to PTI. Commissioner Jahrig also asked that PTI remove the orange-headed survey stakes from the area. Counci!m_an Bookey reported that Council began the budget work sessions. 9. II~ORMI?ION Kenai City Council Action A~endas of March 18 and April 1, 1998. 10. ADJOUR1/MENT ELDRIDGE MOVED TO ADJOURN. MEETII~G ADJOURI~D AT 8:20 P.M. The next meeting will be held on May 11, 1998. Respect~lly submitted, Barbara Roper, Contract Secretary Harbor Commission April 13, 1998 Page 5 KENAI ADVISORY HARBOR COMMISSION 1998 Goals and Objectives Short-term Goals Continue efforts in establishing an oil spill response and emergency contingency plan with necessary containment and cleanup materials. Also explore possibility of cooperating with a local spill response organization in the placement of cleanup supplies at the dock area to be used if necessary. 2~ Continue efforts to discover means of preventing or reducing siltation at the dock and boat ramps and documenting for the Corps of Engineer all boats which become grounded due to low water. e Pave in and around the restroom and at the top of the ramp to make a nice staging area for boats entering and/or leaving the fiver. . Develop road access and parking on the south side of the mouth of the Kenai River to include sanitation facilities (restrooms and dumpsters). Se Add parking at the end of South Spruce and the beach. e Develop a parking fee for the dip net fishery. , Continue sanitation efforts with the Alaska Department of Fish and Game. Monitor the financial impact in order to go back to the State for financial assistance with the dip net fishery. , Explore the possibility of developing a commercial leased area, either for yardage or buildings. Long-term Goals le Explore the feasibility of adding a third boat launch ramp. . Extend the City dock and add a second causeway. This will expand the dock capacity and ease traffic congestion. e Provide a deadhead with short chains or cables or similar apparatus at the boat ramp for use by disabled vehicles. . Continue seeking funding for the Corps of Engineers Reconnaissance Report for Navigation Improvements and Erosion Control to include feasibility studies and the actual work. , Enlarge the current parking lot. 6~ Provide a combination boardwalk/pathway from the dock pad to the existing boardwalk at the bird watch area on Bridge Access Road to include additional parking and viewing areas. Consider building ponds for nesting birds. e Continue efforts to make the dock operations more profitable. o Provide water and sewer to facilities off Bridge Access Road. o Continue to monitor the development and activities in the lower Kenai River to promote and encourage an environmentally sound blend of commercial and sport aspects of the fishing hadustry. 10. Consider development of access to Birch Island and an interpretative site by building sidewalks. HARBOR COMMISSION GOALS & OBJECTIVES - 1998 PAGE 2 The Library Needs Your Support Mayor John Williams & Members of the City Council 210 Fidalgo Ave, Suite 200 The Library Needs Your RECEIVED A~ C~TY~LER~{t' ,ams & Members of the City Council 210 Fidalgo Ave, Suite 200 Kenai, AK 99611 -. ":~ Mayor John W~ll~a~ms & ., ~ Members of the city Counc~] ~~~~ ~ ~ 210 Fidalgo AVe, Suite 200  ~ ~ Kenai AK 99611 RECEIVED' APR 2 11998 I c TY CLERk< Mayor John Williams & Members of the.City Council 210 Fidalgo Ave, Suite 200 Kenai, AK 99611 1. ROLL CALL: CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS April 22, 1998 - 7:00 p.m. h ttp ://www. Kenai. net/city 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: April 8, 1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: e PUBLIC HEARINGS: a. PZ98-17---Encroachment Permit for Side Yard Setbacks~Lot 1, Beaver Creek Estates (925 Ames Street), Kenai, Alaska. Application submitted by Bill Bryant, 925 Ames Street, Kenai, Alaska. e NEW BUSINESS: a. Ordinance 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. Se OLD BUSINESS: a. PZ98-18--Amending KMC 14.20.230 to Require Permits for Home Occupations e CODE ENFORCEMENT ITEMS: a. Lot 12, Block 3, VIP Ranch Estates 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Planning Commissioner's Comer-"Giving Due Process" b. KPB Administrative Approval Buffalo Run S/D Phase I 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION April 22, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Teresa Wemer-Quade, Ron Goecke, Barb Nord, Michael Christian, Karen Mahurin (arrived at 7:02 p.m.) Others Present: Adrni_nistrative Assistant Marilyn KebschuH, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GO~KE MOVED TO APPROVE THE AGENDA ADDING THE INFORMATION PROVIDED BEFORE THE MEET~G AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY CHRISTIAN. Note: the information provided before the meeting was the KPB Notice of Public Hearing-- Petition to Vacate a Section Line Easement and a Road and Utility Easement. AGENDA WAS APPROVED WITH THE ADDITION. Mahurin arrived at 7:02 p.m. ® APPROVAL OF MINUTES: - April 8, 1998 CHRISTIAN MOVED TO APPROVE THE MINUTES OF APRIL 8, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. Nord requested the following paragraph be added after the last sentence of the first paragraph on page 4. "That would e!i_minate 16 feet and it would put it very close to the variance given two weeks ago. The applicant is asking for 34 feet and 16 feet taken away from that would bring it down to 18 feet. Nord thought a variance was given for 14 feet." Planning & Zoning Commission April 22, 1998 Page 1 ® ® ® Roper stated that Item b on page 2 should read PZ98-16 rather than PZ98-15. This required correction in both the first and second paragraph on page 2. MINUTES FOR APRIL 8, 1998 WEI:~ APPROVED WITH THE ABOVE NOTED CORRECTIONS. PERSONS SCHEDULED TO BE HEARD: None CONSIDERATION OF PLATS: - None PUBLIC HEARINGS: PZ98-17-- Encroachment Permit for Side Yard Setbacks -- Lot 1, Beaver Creek Estates ~925 Ames Street), Kenat, Alaska. Application submitted by Bill Bryant, 925 Am__es Street, Kenai. Alaska. MAHURiN MOVED TO APPROVE PZ98-17. MOTION WAS SF~ONDED BY WE~R-qUADE. Bill Bryant, 925 ~mes Street, Kenai, Alaska, indicated that he is asking for the permit and had attended the meeting to answer questions should there be any. Christian stated he was looking at the design attached to the application and noted the house was sitting very close on one side. Christian asked if the other side was SO feet. Bryant confi_rmed that it was 50 feet. Christian asked if there was any particular geographical reason why it was not centered. Bryant replied, there is a well to the right of the house and also the old homestead house is fairly close to the property line. Bryant continued, the lot was purchased as 3 ¥~ acres and it was subdivided with his partner. Bryant pointed out his house was pushed too far to the left as he and his partner wanted to give each other some room as the lots are very narrow. Bryant also pointed out the encroachment was his oversight, as he was the builder. Christian asked if the house is complete. adding, it was built 4 ¥~ years ago. Bryant confirmed that is was, Goecke asked if an as-built was done when the building was completed. Bryant answered, when he financed it, for whatever reason, they just requested a plot plan and it never got caught. Bryant stated when he went to refinance an as-built was asked for and the surveyor caught the encroachment. Planning & Zoning Commission April 22, 1998 Page 2 Glick asked what was on the other side of the property line. Bryant replied, it's an empty lot at this time, Mick Miller is the owner. Bryson asked ff the front comer was off the property line. Bryant answered, it's about 13 feet. Bryson confn-med that he was asking about the other end. Bryant continued, the position of the house matches the line of the bluff and there is probably 20 feet or more from the comer of the house. Goecke asked, when the house was built, if Bryant wasn't really sure where the comers were in relationship to the property line. Bryant stated he had comers but it was an oversight, he thought he got the comer far enough and he thought the property line was further over than it actually is. Glick closed the public hearing after hearing no further questions. Mahurin stated the house is already built so she isn't going to vote against it and, on a humorous note since it leans to the left rather than to the fight, it makes it much more palatable to vote yes. Bryson asked staff if the adjacent property owners were notified. Kebschull replied they were and were not present at the meeting. VOTE Bryson Yes Werner-Quade Yes Goecke Yes Nord Yes Mahurin Yes Christian Yes Glick Yes Motion passed unanimously. Planning & Zoning Commission April 22, 1998 Page 3 e NEW BUSINESS: a® Ordinance 1779-98 -- ~mending KMC 14.20.150 to prevent the same or substantially similar conditional use permit applications from being considered by the Planning and Zoning Commission more than once in any nine-month period. Kebschull reported this item was on the Council agenda but was not discussed as Council wanted input from the Planning and Zoning Commission. Kebschull also noted, this is a result of recent Conditional Use Pe ~rmits under review, however, the two for the Papa Joe Subdivision would not fall under this case because they were not similar as they were for different uses. Glick asked who determines what is ~substantially different". Kebschull stated that she had the same question and it is assumed that each case would be determined by the legal staff. Goecke indicated the issue is a major sticking point for him at this time. Goecke reported that he discussed this with the Councilman who was instrumental in bringing the issue forward. The Councilman is also not clear as to who makes the determination of what is substantially different. Goecke continued, until a definition of what is substantially different, he isn't sure that he would vote for the item as it sits. Goecke thought perhaps the Planning and Zoning Commission should make the determination and if it is, then it should become part of the ordinance. If that cannot be done, then Goecke definitely would not be in favor of the me-month waiting period because that period of time can really cause problems due to the short building season. Goecke reiterated that until such time as a determination is provided as to who is going to do what, then Planning and Zoning should not approve or disapprove the ordinance as it is written unless it can be approved with a footnote that says that Planning and Zoning should, in fact, make the determination as to whether it is substantially different. Mahurin indicated she has the same question with the definition, it should not be considered whether it is a significant change or a substantial change, as those are different types of words. Mahurin agreed with the concept as she thinks this is a reaction to what was just dealt with. Mahurin continued, she was quite distressed to learn that the ordinance allows for someone to change their permit from the time it is denied and to when they appeal the decision to the Board of Adjustors. Mahurin pointed out this bothered her as it doesn't seem like a fair rule in that the players involved on either side don't know those rules. She added, she didn't know those rules and she didn't think that's fight. Mahurin continued, either there are rules for conditional Planning & Zoning Commission April 22, 1998 Page 4 use permits or there is not and if it's going to be appealed it should be appealed as the way it came to Planning and Zoning originally. Mahurin agrees that this language, to a person who negotiates contracts, is open to a lot of discussion and interpretation and she isn't comfortable with that unless Mr. Graves has some sort of a legal definition for substantially/similar that the Commission doesn't know about. Christian commented that if something were substantially different he thinks a shorter time would be more appropriate, however, he also would like to see a certain minimum time passed before any new proposal is presented so that it can't come back one month later or even one meeting later with a new proposal. Perhaps some type of period of three to four months be established before anything new could be proposed. Christian stated that if it is substantially different perhaps three months would be enough but if it is similar then maybe a nine month period should be established. Christian continued, he doesn't like the term ~substantiallf' as it is too difficult to define. Bryson indicated that he is opposed to what is proposed as he feels that if something is substantially different why does it have any constraints unless the purpose is to just slow down construction during the better part of a construction year. Bryson does not know of a situation where this would have ever been applied in the time that he's been around. He didn't feel it would be appropriate for the last conditional use because it was essentially different. Bryson continued, he doesn't know of any other time that it would have applied to in an unbiased interpretation of what was being requested. Nord agreed with Bryson and feels there shouldn't be any constraints on substantially different permit applications. Nord indicated that she hasn't been around long enough to know whether this would apply or not but she trusts lBryson's input. Wemer-Quade stated it seemed to her this came out of the Chumley affair but then she hears it wouldn't even be applicable if it were in place at present to that situation so she feels the whole ordinance is unnecessary. Mahurin asked Goecke if he knew what the rationale was behind the Councilman's recommendation for the new Ordinance. Goecke answered, he really didn't know and didn't ask, however, he agrees that this would not have entered into the past issue because there was substantial differences between the two applications. Goecke felt if there were substantial differences there should not be any waiting period due to. the high construction costs. Planning & Zoning Com~_~ssion April 22, 1998 Page 5 ® Mahurin pointed out she was not disagreeing, she was just wondering why the originator put nine months as the clarification could help if the Commission knew why it was written the way it was. Kebschull confirmed that the nine months came from the amendment procedures in the Code for rezones. Kebschull read the Code, ~the proposed amendments to the zoning ordinance which is substantially the same as the any other proposed amendments within the previous nine months shall not be heard.~ Christian stated that discussion is taking place on conditional use not principal use. Usually in a conditional use it is not the typical use for that property so maybe putting a little more of a obstacle in a person's way would be beneficial. If this isn't a principal use, then why would the Commission bend over backwards to help the person come up with a use for his property other than for what the land is zoned. Although nine months seemed like a long time, that restriction might limit the nuisance proposals the Commission has to continually deal with and the public would have to comment on. Goecke stated in theory that sounded gr~at but at the same time he sincerely believes that putting too many restrictions on anything would kill any development in the City. Goecke thinks the conditional use permit process that is in place has and will continue to meet the criteria and expectations. Goecke also believes that if anyone wants to kill development in town then keep on adding restrictions. The neighbors to the east will get considerably larger and the taxes in Kenai will go up considerably higher than what they are now. Glick asked for clarification that Council just wanted comments from Planning and Zoning. Kebschull confirmed that was correct and will assure the minutes will be included in the Council meeting packet. OLD BUSINESS: PZ98-18 - ~mending KMC 14.20.230 to Require Permits for Home Occupations. The revised Ordinance, KMC 14.20.230 was reviewed. Bryson noted the proposal meets the concerns expressed at the last meeting. Nord was satisfied with the changes. Christian had no objections. MAHURIN MOVED THAT A PUBLIC HEARING BE SCHEDULED ON THE PROPOSED AMENDMENT, PZ98-18 TO AMEND KMC 14.20.230. MOTION SECONDED BY GOEC~. Planning & Zoning Commission April 22, 1998 Page 6 VOTE Werner-(~uade Yes Goecke Yes Nord Yes Mahurin Yes Christian Yes Bryson Yes Glick Yes Motion passed unanimously. CODE ENFORCEMENT ITEMS: ae Lot 12, Block 3, VIP Ranch Estates Kebschull reported that Administration hasn't heard anything back on the issue. If nothing comes back within 30 to 60 days then the legal staff would be contacted regarding a course of action. Kebschu11 noted for the record that a lot of calls are received in the spring. Glick requested that discussion take place on the handout prior to the meeting regarding the KPB Public Hearing. A five-minute at ease was called at 7:29 p.m. Meeting was called back to order at 7'34 p.m. Glick asked if staff had any comments on the subject. Kebschull replied the City Administration is familiar with the concerns of the residents. The information was received late and it was asked that it b~ brought to Planning and Zoning so their comments could be provided to Bryson who would take them to the Borough Planning Commission. After the Borough's Planning meeting the issue will come back to City Council for final review. Kebschull reported that one concern from Administration is that the petitioner states they will construct access in place of the right-of-way easement to be vacated. The City would like to request that they be required to construct access. The second concern is that there, not be a charge to the public to use that access. The access should be constructed for public use. Kebschull also reported the City Engineer believes the proposed access would be a better access than what is currently in place. Goecke felt the same way that the petitioner be required to construct access to eliminate people crossing private property to get to the beach. Bryson reported several years ago the same easement vacation was petitioned and it was approved by the City and Borough but was turned down by the State. Bryson thought the family who petitioned was Duthweiler and their concern {this was north in the City of Kenai side} was a lot of partying was taking place, it was used for access, Planning & Zoning Commission April 22, 1998 Page 7 it wasn't maintained or cleaned, etc. Bryson pointed out the sketch didn't show how far it goes as to whether it goes down to the public portion of the beach and this will undoubtedly be a question the Borough will ask. Bryson addressed one of Goecke's concems stating the Borough requires equal or better access to be provided. The existing easement is probably a sand road. The concerns, however, will be relayed. Mahurin thought perhaps she wasn't understanding the issue and asked if the person on the easement was not the person petitioning that the easement be moved. Mahurin stated by moving it there is a concern of assuring public access as far down. Mahurin also wondered about the adjacent property owners because if property is bought that doesn't have an easement and suddenly it has public access that increases what happens to nearby properties. Mahurin indicated that she doesn't quite understand why the issue is before the Commission, what is the reason or rationale is, who it helps and who it doesn't help. It was noted that there are three petitioners, Mary Ellen Perrizo, Salamantof Native Association and the Kenaitze Indian Tribe. Perrizo is a property owner and Kebschull thought that part of it affects where people cross her property. Bryson indicated the Borough would research the property owners in the easement area. It is possible the people have been notified and will show up for the hearing. Glick thought if they were proposing a new fight-of-way, it would have to be on their property and they couldn't propose it on somebody else's. Bryson noted the relocated right-of-way is probably on one of the petitioners' properties because the other request for vacation is adjacent and provides alternate access to the same location that is being vacated to the south. Mahurin stated since someone is petitioning that the right-of-way be moved, which obviously then would be a benefit to them but she has a concern. Even though it's a right-of-way and has to be public, Mahurin would like to know more about the issue; she would like to have someone come in and explain why they want to do it and why it should be done and she doesn't know why the Planning and Zoning Commission is dealing with it. Glick responded by stating the Commission is dealing with it in order to give input to Bryson so that he can take it to the hearings. Glick pointed out that people have been complaining for years about the right-of-way crossing their private property, access is made through their property and not on the right-of-way. Mahurin stated those people are not the ones that made the petition. Bryson stated the adjacent property owners, Lots 1 and 2, Waterfront Estates, has no request to vacate the right-of-way, there are some lines left out of the sketch. There is a dedicated right-of-way on Cannery Road and Royal Street, these are not easements. There is an underlying section line easement along that Cannery Road (Bryson Planning & Zoning Commission April 22, 1998 Page 8 doesn't think that is the name of the road). Vacation of the easement will not deny access to either one of the lots because there is already a dedicated fight-of-way. Bryson thought the question probably is access to the beach not the utilization of the road. Goecke stated the road used to be the old Cannery Road and it was gravel and the petitioners want to eliminate that road and bring a new easement or right-of-way from the new, paved Cannery Road back over to the beach. Glick thought that was correct. Bryson asked Kebschull if the comments could be summarized. 10. RI!IPORTS: City Council - No report due to the budget work sessions. be Borough Planning - No report as Bryson did not attend the meeting. c. Administration: Kebschull reported the draft Development Requirements Table should be available for review at the next meeting. The Historic District Board will kick off their walking tour on May 9, 1998 at 1:00 p.m. at the Visitors Center. A tour of the buildings in Old Town will be conducted. Commissioners were invited to attend. It was noted the following week was Preservation Week. The Fruichantie and Burger King appeals will go to Council at their May 6 meeting. Kebschull reported that she attended the Planning Commission training and a lot of information was provided. Kebschull will provide copies to the Commission. 11. PERSONS PRF~ENT NOT SCHEDULED: Verbatim Begins: Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska- I did a little calling today on a time !i__mit on permit-type situations and I just wanted to share what I found; it's not ah... real consistent, you know, with different places. Some of it was similar to ah... what you now have, you know, what you now have or what you're proposing and some of it was quite different. Some places I couldn't get a hold of that I wanted to but when I called Palmer, I had a hard time getting across the idea that we were discussing a time limit for a re- application. When she finally understood what I was asking for she said, "why Planning & Zoning Commission April 22, 1998 Page 9 would you have a re-application for a same, and I'm not talking about a different, different process right now, but for a same permit, they don't have that, urn.., they feel that if their ah... Commission and Council have followed and they have.., they have very well structured guidelines and you may not have guidelines that are as clear to follow but she says that they follow well structured guidelines ah... it's well supported to go through the legal realm and they just don't have re-applications. Urn... they also don't do limited use permits in the City of Palmer. The Borough handles it for Borough properties, the City has very rigid ah... zoning areas, very well defined, and they simply don't have limited use permits in areas that are not specifically zoned for that, um .... that's the information I found out ah... from Palmer. Ah... when I talked to the Mat-Su Borough she said that they didn't really have limited use permits either but they did consider variances. Ah... and then on a rezone they would have a nine-month waiting period ah... they would accept anything earlier if they considered it substantially different, so substantially similar or substantially different are viewed as distinctly different issues with them. Ah... on the other hand, they said that if somebody came with an application that had a site plan that basically didn't change and was simply called something different they would treat it according to... if ah... if things were the same that they were calling it something different they would consider it the same, ah... if the parking lot was the same, the storage, the building used, and so one was the same but it was called a different name, they would consider it the same and not hear it, ah... that was Mat-Su Borough. Urn... and again they thought the findings would be well supported and that a re- application for a same permit wasn't really, this doesn't really happen with them. When I talked to Fairbanks urn.., they have a six month period and it can't be brought unless it's substantially different. Any application that they consider substantially different could be brought before them again. And... in... in 'their case they said it's a very subjective decision as to whether it is considered substantially different or not. Ah... I think it goes to their legal department but I didn't write that part down so I can't say for sure; and they look at the application and they simply decide it's substantially different, it can be heard, or it's not then it can't. Ah... those were just ah .... some of the things I found just calling around trying to get a feel for how similar we are or what your proposing to do is to what other areas are doing, um... basically if it's very similar to what other areas are we probably oughta do it and if it's not then we need to give it some um... extra thought. And... urn.., along that same line, um... Colleen had put together some figures for me that we gathered over the last couple of days from the neighborhoods. Just to let you know, if you did consider a proposal from the Chumley's Planning & Zoning Commission April 22, 1998 Page 10 12. 13. substantially similar and I know there will probably be disagreement as to whether these two were or not, but if they were considered substantially similar from the last proposal forward, not going back to January, we estimate that we've spent between 3 and 4 hundred hours, ah... of our neighborhood residents, commenting or responding to the Chumley's most recent application. This includes doing some legal research at the library on the Intemet, canvassing the neighborhood, researching comprehensive plans, municipal codes, commissioner's handbooks, counting traffic, matting phone calls, collecting signatures, neighborhood organizational meetings, studying meeting records, and writing and re-writ~g materials to re... be presented both you and Council and that the collaborative efforts have been intensively invOlved a core of 15 to 20 people with many other participating as a supportive but less involved capacity. I realize you're not making a decision per se on that tonight but I did want to ah... share that with you and then I had urn.., one question regarding the home office occupations, you voted to have a public hearing on that, is that automatically at your next meeting, is that, or does it get scheduled and.., and posted? Just wondering when that's coming up. Glick: Marilyn? Kebschull: Urn... it will be at our next meeting because we have enough time to advertise it and that's how we determine when it's scheduled. Sonberg: Okay, and... I like the changes I've seen on the Web Pages, I've been enjoying going to the City Web Pages and I look up what's, what's coming up and...I've seen some changes lately so somebody's been working hard in that area, but anyway.., just wanted to share some of those things with you. Glick: Sure, we appreciate that and we appreciate the efforts you put into this. Thank you. Verbatim ends. INFORMATION ITEMS: Planning Commissioner's Comer - "Giving Due Process" KPB Administrative Approval Buffalo Run S/D Phase 1 COMMISSION COMMENTS AND ~UESTIONS: Commissioner Nord reported the Planning Commission training was about six to eight hours. The session was similar to the one Nord attended approximately a year ago. Some great handouts were provided but the Regen's report, which Nord thought to be the best, was incomplete so a complete copy Planning & Zoning Commission April 22, 1998 Page 11 was requested. Findings of Fact was discussed in great detail and Nord noted that most Planning Commissions do Findings of Fact, especially on controversial issues. Kebschull agreed the training was good and a lot of good information was shared and it was nice to have those people who have been doing this for years share their knowledge. Variance processes were discussed and the type of criteria to be used. It was noted the same criteria should be used for all applications and not viewed individually. Kebschull noted this was a good opportunity to touch on things that are often missed. Nord thought the idea of Commissioner's changing places all the time was interesting, which could have been more for voting than an~g else. Commissioner Christian noticed that Ms. Sonberg was mentioning the terms ~substantially different~ and ~substantially similar" and he wondered if that doesn't mean that this is a term that lawyers use frequently and that's why is showed up in the ordinance. It would be interesting to see if they have questions in their area when theyYe used the terms, has it been challenged recently or not, that would be a good thing to look into. If they already have the term in their ordinance, they would know if it's a problem or not. Commissioner Werner-Quade reported that she attended the City Council meeting, the last one where they heard the appeal before the meeting on the conditional use permit for Chumley. Wemer-Quade's comment was that there was a very united group from the MAPS area in the audience and they had a presentation that was pretty well put together. For a group of citizens having to come together again they did a pretty thorough job. It's nice to see a person from the group at this meeting to share some more information. Commissioner Mahurin stated having been out with her Dad when he was so ill, she asked about the status of the assisted living center that came before the Commission. Kebschull replied, the lease was just reviewed so it is assumed the plans continue. Mahurin was pleased to hear that the Historic District Board has the walking tour complete as it's been in the mil! for a long time. She would like make the tour on May 9. Mahurin commented on changing seats, she assumes that people sitting next to you would influence you and obviously they haven't sat in on this group, the most independent voters. Mahurin also commented on when getting into terms like "substantially s~__m_~lar" and 'Substantially different," that means you hire attorneys to translate it for us. Planning & Zoning Commission April 22, 1998 Page 12 Mahurin also asked about the heating system as it was very warm in Chambers. Kebschull reported the system is being worked on. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission April 22, 1998 Page 13 Carol Freas, City Clerk Kenai City Hall Kenai, AK 99611 April 22, 1998 :~:'. AI~ 2 2 1998 IKENAI CITY CLERK Dear Ms Freas, It is with regret that I must resign from the City of Kenai Planning and Zoning Commission effective May 14, 1998. My wife's education plans will take us out of state from May 15 to August 15 and I will be unable to attend meetings during that period. The P & Z Commission requires a full compliment as often as possible and although I would like to remain a member, my absence requires my resignation. I will return to Kenai in August and would like to be considered a candidate for membership again at that time if a vacancy develops. I have found the service rewarding and enlightening and my resignation is submitted with regret. I hope I will be able to serve the City of Kenai again in the future. Yours truely Michael Christian 613 Maple Drive Kenai, AK 99611 Hugh Chumley P.O. Box 1371 ~5terling, Alaska 99672 May 1,1998 Honorable .lohn Williams Mayor City of Kenai Dear Honorable Mayor, This letter is to advise you that we are herewith withdrawing our request for a Conditional Use Permit for Lots 6 & 7, Papa ]oe's Subdivision. We had originally considered our proposal would be warmly received as a progressive and natural course of development of the City of Kenai along its main arteries of transportation and commerce, the Kenai Spur'Highway. However, and much to our surprise, our proposal was met by a very vocal level of opposition by residents of the surrounding area. We in no way intended to ignite the fire-storm of politically divisive controversy and ill will which our request has obviously general. My brother .~oe and ! have been residents of the Kenai/Soidotna/Steding communities for many years and have committed our personal lives, our business lives, and the lives of our families to this area and do not wish to be the lightening rod for what has become a very controversial issue, namely the growth patterns of the City. We value the friendships we have made in our adopted home too much to jeopardize them with this issue. We withdraw our request for the Conditional Use Permit to allow professional offices on the prol~rt~ and will pursue any ~uture development ~ithin exi~:ing zoning restrictions. Sincerely, ITEM 1: XT,,EM 2: ITEM 3: KENAI BEAUTIFICATION COMMITTEE APRIL 14, 1998 *** 5:30 p.m. Kenai Council Chambers Chairperson Susan H ett ***AGENDA*** CALL TO ORDER a RO_LL CALL AGENDA APPROVAL APPROVAL OF MINUTES- Mnrch 10, 1998 ITEM 4: P,ERSONS SCHEDULED TO BE HEA!~__, n ITEM 5: OLD BUSIN, ESS Summer Garden Contest Flower Boxes Cemetery Clean-up Preliminary Flower Bed Designs ITEM .6: NEW BUSINESS Volunteer Orientation Erick Hansen Scout Park Landscaping DesiEn ITEM ,7,**, ITEM 8~ REPORTS Committee Chair Parks & Recreation D/rector Kenai City Council Liaison 0UES?IONS AND, COMMENTS ITEM INFORMATION Parks & Recreation Commission Meeting Minutes - 3/5 / 98 City Council Action Agenda - 3 / 18 / 98 and 4/1 / 98 ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE April 14, 1998 - 5:30 p.m. Kenai City Council Chambers Chairperson: Susan Hett Minutes *** Xe CALL TO ORDER 8s ROLL CAL_L Chairperson Susan Hett called the meeting to order at 5:40 p.m. Votin~ Members Present: Susan Herr, Karolee Hansen, Sylvia Johnson, Marflyn Dimmick, Helen Brown, Jean Rogers (arrived at 6:00) Vottn~ Members Absent: Barb Nord Non-Voting Members Absent: Linda Overturf, Jeneane Benedict Others Present: Bob Frates, Contract Secretary Barb Roper 2~ APPROVAl, OF AGENDA: AGENDA WA~I APPROVED AS PRE~ENTED. 3~ APPROVAL OF MINUTES: - March 10, 1998 Brown asked that "Thc Art Guild" in the first sentence of the second paragraph on page 2 be changed to "The Kenai Arts and Humanities Council'. MINUTES OF THE MARCH 10, 1998 MEETING WE~ APPROVED WITH THE NOTED CORRECTION. PE. RSONS SCHEDULED TO e OLD BUSINESS a. ~ttmmer Garden Contest Frates reported that he will contact Laura Measles to discuss the plan with her. Hett reminded the Committee that the Chamber is enthusiastic about the contest and have funds available to help with the sign. Discussion took place on the judging and it was noted that individuals will be required to submit an application in order for their gardens to be considered, however, if a member seca a garden that should be highlighted, the owner could be contacted by the Parks and Beautification Committee April 14, 1998 Page ! Dep~ent to see if they would be interested in participating in the program. Frates stated he would like to have the Clarion accompany Parks and Re{: to the gardens being highlighted in order to get pictures in the paper. Swarner will contact the Clarion regarding the program. It was noted the sign that will be placed on the weekly highlighted property will be in the shape of a log cabin and will have the Chamber of Commerce and Kenai Beautification Committee noted on it. Hansen suggested that flowers be placed around the sign. The cost of the sign was discussed and Frates indicated that it should not be more than $ oo.oo. Frates suggested that the Committee consider a Garden Tour for residents. Swarner reminded the group that the Ladies Political Caucus already does a garden tour as a fired raiser for their group. It was suggested that perhaps the Beautification Committee could do one in conjunction with the Ladies Political Caucus. Frates will contact Peggy Mullen to see if the group is planning a tour this year. This item will be put on the agenda for the May meeting for further discussion. b. Flower Boxes Frates reported that the new flower boxes are complete and look very nice. Two will be phtced at the new animal control shelter and two will be placed on the street. It is po~dble that more boxes will be built in duly. Cemetery Clean Up The cemetery clean up is scheduled for May 13 and 14 at 5:15 p.m. Frates reported the new sign is complete and will be placed during the same time. do Preliminary Flower Bed Designs Frates will provide members with a copy of the flower bed designs in order to have everyone doing the same thing. After a general discussion it was decided that a work session will be held at 4:00 p.m. on May 12, before the regular meeting to discuss the flower bed designs. Dimmick asked if she and Nord were going to be asked to plant the Visitor Center's flower beds again this ,'em'. Dimmick also aaked ff red or bright colored flowers would be availal~le. Frates replied, he would like to lmve Nord and Dimmick p~t the flowera and although the greenhouse tins a limited supply of red flowers he will get some for this project. Rogers arrived at 6:00 p.m. Beautification Committee April 14, 1998 Page 2 e NEW BUSINESS a. Volunteer Orientation Hett suggested that a work party at Left Hansen Park be held rather than a reception type function for the volunteer orientation. This may bring out more volunteers. Discussion took place on contacting former and new volunteers. Dimmick suggested that a participant at the Home Show be contacted to see ff some Beautification flyers asking for volunteers could be placed on their table. Frates will look into this. Hett noted that the nurseries will also have volunteer flyers to hand out. It was decided the work party will be held on May 2 from 12 noon to 4:00 p.m. Frates may have the tent erected and food will be available. A banner will also be erected a week before the event. When asked what the theme for this summer was Frates stated it will be "Celebrate Summer - Plant a Rainbow of Color'. The committee liked the theme. Frates handed out some draft brochures which had a different flower on each and a brief description of the flower. The brochures will identify the type of flowers planted at various locations. bo Erick Hansen Scout Park Landscaping Design The landscaping deaign for the Erick Hanaen Scout park was discussed. Concern was expressed with thc type of shrubbery proposed due to the moose problem. Frates pointed out the trees will be covered to hopefully discourage the moose from eating the plants. He also noted that the design allowed for very little maintenance. When asked about the water supply, Fratcs pointed out the line runs directly in front of the park and it can be tapped. ® REPORTS a. Comm/ttee Chair Hett reported the Volunteer Appreciation Reception will be held on April ~ 1, 1998 from 6:00 p.m. to 8:00 p.m at the Visitor's Center. Everyone was invited to attend. bo Parks 8s Recreation Director Frates reported that a walk-thru of the Bernie Huss Fitness Trail is scheduled for April 21, 1998 at 4:30 p.m. Discussion took place on the plans to clear the area to make it safer for those individuals that use it. Clearing will also make it more visible to police officers and should Beautification Committee April 14, 1998 Page 3 o eliminate the loitering problems. Johnson reported that she hasn't walked in that area for a couple of years as the last time she went she was followed. Frates appreciated that information and indicated that it would be helpful to have when the walk-thru was being conducted. Frates encouraged members to attend and give some ideas for improvements. Frates reported that several areas were damaged during the KSRM egg hunt, the mulch in the tulip beds was disrupted; people were clim bing on the jet at the airport, etc. It was suggested that KSRM be contacted next year and a list of off-limit areas be announced. Kenai City Council Liaison Swarner reported that Council has begun their budget work sessions. The meeting held last week had several groups from within the City attended to ask for money. The next budget work session is scheduled for April 22 and department budgets will be looked at. Council meets again on April 15 and the Chumley will be discussed. OUESTIONS AND COMMENTS Johnson asked where the park benches were as several people from thc Senior Center like to get out to walk but need some place to sit in between destinations. Dimmick answered that five more benches are available and will be placed very soon. 9. INFORMATION Parks 8s Rec~reation Co_m_m!_~_~!on Meeting Minutes - 3/5/98 City Council A~tion Agenda -3 / 18/98 and 4/1/98 10. ADJOURNMENT MEETING ADJOURNED AT 6:30 P.M. Respec~y submitted, Barbara Roper, Contract Secretary Beautification Committee April 14, 1998 Page 4 HISTORIC DISTRICT BOARD April 20, 1998 - 7:00 p.m. *** AMENDED AGENDA*** Kenai City Hall Chair Dorothy Gray 1. ROLL CALL': 2. APPROVAL OF AGENDA: 3. APPROVAL OF M.INUTES: March 16, 1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: ® HISTORIC BOARD REVIEW: a. Application for Review of Development in TSH District- Tromblee (Lot 38A Dolchok Subdivision)--Restoration of existing garage. b. Application for Review of Development in TSH District Petroze (Lot 4, Block 5, Original Townsite)--Foundation, siding, fencing, garage. 6. NEW BUSINESS: ® OLD BUSINESS: a. Preservation Plan b. Preservation Week - May 10 to 16, 1998 c. Walking Tour Brochure d. Gold Rush Commemoration e. Hansen Park Historic Signs f. Visitor Center Old Town Exhibit Se REPORTS: a. City Council b. Administration 9; PERSONS. PRESENT NOT SCHEDULED TO BE HEARD. '10. BOARD QUESTIONS AND COMMENTS: INFORMATION: a. 1998 Goals and Objectives b. Clarion ad for Gold Rush showcase c. "Preservation Advocate News"- March 1998 d. Sample letter dated 4/8/98 sent to TSH property owners e. National Trust for Historic Preservation ISTEA information q 2. ADJOURNMENT: ® ® ® e HISTORIC DISTRICT BOARD April 20, 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, Ethel Clausen, Michael Huhndorf, Gloria Wik, Bill Klu§e (arrived at 7' 10 p.m.) Members Absent: Cecelia Richard (arrived at 7:20 p.m., excused) Also Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper APPROVAL OF AGENDA The agenda was amended by adding the following under Historic Board Review: 5.b. Application for Review of Development in TSH District--- Petroze (Lot 4, Bock 5, Original Townsite) --- Foundation, siding, fencing, garage. Agenda was approved with the addition. APPROVAL OF MINUTES: March 16, 1998 The minutes of March 16, 1998 were approved as presented. PERSONS PRESENT SCHEDULED TO BE HEA_RD - None HISTORIC BOARD REVIEW ae Application for Review of Development in TSH District-- Tromblee (Lot 38A Dolchok Subdivision) -- Restoration of existing garage. HUHNDO~ MOVED TO APPROVE THE RESTORATION OF THE EXISTING GARAGE ON LOT 38A, DOLCHOK SUBDMSION}. MOTION SECONDED BY WIK. Gray asked if the owner would give a more complete description of the proposed work. Joe Tromblee, 510 Mission Avenue, Kenai, Alaska provided the Board with photos of the existing garage and explained that it was built with various types of material to include very thick metal, dove-tail logs, sticks, etc. Tromblee reported he was going to remodel the inside and since he was doing that he thought he would get approval to remodel and/or restore the outside as well. Tromblee indicated that he would attempt to save whatever historical sections the Board thinks should be saved. The roof would be similar material that is used on his houses. The current roof is made from old tin cans that held oil. The design will remain the same. Gray asked the exact location. Tromblee answered that it was directly straight ahead of the day care center. Tromblee continued, the garage used to have a door on it but it's gone and the building is old and waterlogged. Gray asked if only one side had the dove-tailed logs. Tromblee confn-med that was correct and if the Board wanted to save that wall he would use it as a non-bearing wall by putting another wall behind it to support the roof. Gray asked if the structure was going to be used as a garage. Tromblee replied, it would be used as a garage and storage as it currently is being used. Gray asked what other type of materials would be used on the other three sides. Tromblee answered, the building currently has corrugated metal on the sides and he intends to use lap or cedar siding. The siding would match that used in the neighborhood. Tromblee confirmed that he is going to try to restore the dove-tail log side of the garage and the other three sides will have new siding. The dove-tail logs on the left side would be a non-bearing wall as a new wall would be built behind it. The Board agreed that keeping the dove-tail logs would keep with the historic character of the area. Gray asked when the work would be done. Tromblee replied, he would start this summer and depending on funds, it may take two summers to complete. Voice Vote: All in favor, Motion passed unanimously. Kluge arrived at 7' 13 p.m. Kebschull informed Tromblee (and Petroze) that, per the Code, his application is required to now go to the Planning and Zoning Commission and the Historic District Board's recommendation to approve will be forwarded. Kebschull also informed Tromblee that since Historic District Board April 20, 1998 Page 2 be his application has to be published in the paper they won't go to Planning and Zoning until May 13, 1998. If the Building Official has everything he needs then the permit could be issued the next day. When asked about the building permit, Kebschull confnuued that a building permit is required for anything structural, electrical, or plumbing. Application for Review of Development in TSH District--- Petroze {Lot 4, Block 5, Original Townsite) -- Foundation, siding, fencing, g~'~ge. HUHNDORF MOVED TO APPROVE THE RAISING OF THE HOUSE ON LOT 4, BLOCK 5, OI~IGINAL TOWNSITE TO INCLUDE RE-SUPPORT OF THE FLOOR JOIST, NEW SIDING, FENCING, AND GARAGE. MOTION WAS SECONDED BY CLAUSEN. Wik asked if photos of the existing structure were available. Don Petroze, 517 Overland Drive, Kenai, Alaska replied a photograph was provided. Kebschull noted a copy was included with the application and she also had the original on hand for Board members to review. Gray asked if the property extended to the comer of Mission. Petroze 'answered, it did not. Sandy Vozar owns the vacant piece next to him and he has permission to go on to her property to do the excavating to get to the underpart of his structure. Petroze also confnu~ed the garage is an addition to the existing building and will go to the left of the building. Petroze continued, the property is approximately two feet off the property line on the fight side and there is 29 feet to the left of the building for the garage. Petroze stated that raising the building, doing the foundation work and placing the siding is his main concern. Getting approval of the garage is frae and the purpose of having it would be to store his snow plowing and lawn care equipment and to do any required maintenance. Kluge stated it was difficult to tell from the photo but it appears that the roof is shallow-sloped. Petroze confnmaed it was. Kluge asked when the original building was built. Petroze replied, in 1964. Kluge asked if he was in the building at this time. Petroze answered, he is operating his business out of the building. Kluge asked ff he was experiencing any roof problems. Petroze stated the building was re-roofed two years ago. Kluge thought there was opportunity available for Petroze to make it look nice with the treatment of the roof. Petroze stated that a roof system should probably be added to the application. Kluge indicated that the Historic District Board April 20, 1998 Page 3 work could be done with trusses which would probably lessen the problems with the roof in the future since hot-mopping can only last so long. Wik asked if there was a road to the left side of the building. Petroze replied, no, from the edge of the house to the property line there is approximately 30 feet. On the back left comer there is another house. Petroze reported that used to be one piece of property at one time and it was subdivided. The lot he has is only 40' x 75'. The side where the garage is being proposed is a house, a shop with a chain link fence that goes along Overland Drive to the neighbors' driveway. Kebschull asked if the property was only two feet from the property line. Petroze answered it sits very close to the property line, there is about two feet from the edge of the house to the property line. Kebschull reported the area is zoned for five-foot setbacks and indicated that Petroze may be required to provide a plot plan to show exactly where the house sits. Kebschull suggested the Board also address an encroachment permit for this application. Kluge asked, with the structure being in place prior to the setback requirements, would it be required to have an encroachment permit. Kebschull replied, there are two ways this can be handled. One would be to obtain an encroachment permit or ask to grandfather the property. If the property is grandfathered then the original structure cannot be enlarged. Kebschull continued, the age of the building will be considered when the encroachment permit is requested. Petroze indicated that he wasn't planning to do any work on the right side of the building other than digging out so he can get below the house to do the foundation work. The structure will not get any closer to the property line. Petroze reiterated that he spoke with Vozar and she gave permission to go onto her property to accomplish his work. Petroze will hydro-seed the area after his work is complete. Kluge recommended that Petroze meet with the Building Official to discuss the proximity of the building to the property line. Kluge asked if there were windows on the side that is two feet from the property line. Petroze confwmed there were but they were more picture windows and not egress. Kluge stated if this was a new building, openings would not be allowed less than five feet from the property line. Petroze stated he would close them off. Kluge stated the wall would have to have gypsum sheathing for proper rating so it gets complicated. Kluge again recommended that Petroze meet with the Building Official. Historic District Board April 20, 1998 Page 4 Kebschull stated the Board needs to decide whether or not to approve the proposed renovations. If approved, then the Building Official will review the building code to assure compliance. Petroze asked if the setback was the same for residential and commercial properties. Kebschull replied, unfortunately, this particular zone doesn't differentiate from residential and commercial. It is zoned as what is now called the Townsite Historic District Zone and the setback is five feet. Kebschull also pointed out other zones have larger setbacks. Petroze indicated his property was zoned residential or commercial two years ago when he purchased it. Kebschull continued, the special zoning for the area eliminated the previous zoning. Petroze noted it was only one side of the house that has the question of the setback. The back of the house if five feet off the property line. Kebschull stated the zone requires ten feet front and back. Petroze indicated that he should probably just leave the house the way it is but he wants to clean the place up to make it more attractive for the area. Kebschull suggested the Board give their recommendation, and then Petroze come back to see the Building Official. Petrose can then decide if he wants to pursue it with Planning and Zoning. Kebschull also recommended that if it goes to Planning and Zoning then an encroach_m_ent permit be requested. Gray asked if the roof trusses should be added to the application. Petroze requested that they be included. Gray stated the Land Use Table was just revised and in this zone, whether the business is considered a business/consumer service or a professional office, could mean the difference of whether it is permitted or a conditional use. Kebschull clarified that business/consumer services is when someone comes to your business for service. Petroze uses this property as an office for dispatch and paper work so the best description would be a professional office. HUHNDORF AMENDED THE MOTION TO INCLINE THE ROOF TRUSSES TO THE ORIGINAL APPLICATION AND RECOMMENDED THAT PLANNING AND ZONING ISSUE AN ENCROACHMENT PERMIT IF ONE IS NEC~SARY. MOTION SECONDED BY CLAUSEN. Voice Vote (A_m_ended Motion): All in favor, passed unanimously. Voice Vote {Main Motion}: All in favor, passed unanimously. Petrose was directed to contact Kebschull and she will schedule a meeting w/th the Building Official. Historic District Board April 20, 1998 Page 5 e NEW BUSINESS - None OLD BUSINESS, a. Preservation Plan Gray reported she edited the Preservation Plan and although there were some minor corrections the overall product was impressive. Gray recommended that Items 2 and 3 on Page 2 contain a condensed version of the historic character of Kenai as anyone that reads the plan will not go to the survey book for information. Gray thought people would rather read a short synopsis and if they want more then they can go to the survey. Gray provided a copy of the summary she prepared from the survey. Huhndorf recommended that Items 4, 5, and 6 also have a short synopsis in order to maintain consistency throughout the plan. Kebschull reported that she spoke to Jo Antonson of CLG and it was suggested then that a preservation plan be kept at a minimum as people will not read a large document. A lot of information is not feasible. Kebschull pointed out the sections of the Code that are included as attachments as they are not a part of the survey. The CLG is excited about the Preservation Plan. Discussion took place on the information for Items 4 through 6 and Gray will write a short summary for each item and will provide it at the next meeting. Gray provided Kebschull with her recommended corrections. Ce Preservation Week- May 10 to 16, 1998 May 9, 1998 is the kick off date for Preservation Week. function at the Visitors Center at 1:00 p.m. There will be a Gray will attend the next Rotary meeting to invite the members and also thank them for their support on the signs. Kluge noted the Rotary Club meets every Monday at noon. Huhndorf will contact the Elders and Carol Ford to see if they would be available at the Visitors Center to tell stories and answer questions about the history of Kenai. Gray will provide Kebschull with a press release which will be submitted to the Clarion. It was noted this press release will also be included on the City's home page. Historic District Board April 20, 1998 Page 6 do Huhndorf reported he attended the Council meeting on April 1, !998 and the request for $124.00 was rejected as more information was required. Tarr, at the Visitor' Center, indicated they will pay for the cost of the walking tour brochure. Gray asked about the proclamation from Council. Kebschull reported she can obtain that from the City Clerk and she thought work was already being done on it as Councilman Moore was going to request it. Gray reported the signs were up in Old Town. Huhndorf reported the Shk'ituk't signs were out of sequence. Kebschull will have them put back in order. Gray indicated that should the Elders and Ford be unable to attend the functions at the Visitors Center then the Board will use the day as a kick off of the walking tour. Gray will open buildings in Old Town for tours. Tea and cookies will be served at the Visitors Center after the tour. Huhndorf will provide an article to the Clarion by April 30, 1998. Walking Tour Brochure Huhndorf Provided a final copy of the walldng tour brochure and reported they will be printed in Soldotna. The walking tour will be available before May 9, 1998. Kluge stated that in a conversation he had with Tarr, she indicated the request could be presented again to Council for funding. Huhndorf thought that would be the case for next year when the walking tour brochure is revised. The walking tour brochure for this year is being done quickly just to get it out and the plan is to improve it next year. Huhndorf pointed out the disclaimer at the end of the brochure which states the information is subject to revision as more contributions from the community are added. Tart suggested the database be maintained at the Visitors Center so that it can be easily updated as information is provided. Huhndorf thought the reason the request for funds was turned down by Council was because Bookey was concerned about how it would be funded and taken care of. Huhndorf continued, concern was also expressed with 70,000 people visiting the Center and charging for the walking tour. If the brochure is charged for it is likely not to run out as quickly. Also if charging for the brochure, how would the process be handled. Gray pointed out the 70,000 people that go through the doors at the Center also include delivery personnel, school tour groups, etc. However, there is still a great number of visitors. Historic District Board April 20, 1998 Page 7 L Kebschull asked if the brochure would be printed on 11 x 17 paper, two- sided. If it is, then additional copies could be made at the City offices. Huhndorf thought the size may even be larger, perhaps 25" long. Gray thought businesses in town may sponsor the brochure and that would be a way to fund the project. Huhndorf reported the brochure will include photographs and a map and will be printed on light brown parchment paper. Huhndorf also noted that the brochure will include credits to various individuals and businesses that contributed time and information to the tour. Gray thanked Huhndorf for his hard work on the waltdng tour. Gold Rush Commemoration Gray reported an ad was run in the newspaper (a copy was included in the packet). Kebschull stated the Clarion ran the article twice but also included it in the Community News section. Huhndorf indicated that Richard hasn't received any calls yet. Gray stated that if there was not a response from the ad then she would ask the book store owners in Soldotna if they would lend the small gold rush display they had in their store. Hansen Park Historic Signs Gray asked Kluge about the status of the signs in Hansen park. Kluge reported that he originally thought that Parks and Rec had no direction. Kluge reported after discussion with Frates, he was not impressed with the design of the park which was prepared by Bill Nelson. Kluge steered it towards Suzanne Little and suggested she contact the City to offer some landscaping and design suggestions. Kluge indicated that Parks doesn't want to spend any money on a design so are pursuing the original direction. It was noted that the park has to be completed in two years. Roper reported that the Beautification Committee had looked at the preliminary landscape design, which includes some shrubbery and a few flower beds, so it is different from what Kluge had seen before. Additionally, the signage has not been discussed recently but the last thought was to have one large sign at the entrance to the park. The infomation for the sign was provided by the Kenaitze Indian Tribe. Kluge stated he did not know what they wanted to do with the signs at the time but they were considering uni-strut and having the signs placed at an angle. Kluge stated that he didn't want to get professionally involved with the way it was so he bowed out and decided to let them do their own project. However, he would be available to help with information for the signs. Historic District Board April 20, 1998 Page 8 Visitor Center Old Town Exhibit Gray recommended this item be put on the agenda for the May meeting. 8. REPORTS a® City Council - Council report in meeting packet. Administration Kebschull noted the goals and objectives included in the packet were approved at the last meeting. Kebschull noted the she didn't receive anything on the yearly report so she contacted the CLG and was informed they are behind on getting information out so it is likely the report won't be complete until June. ® PERSONS PRESENT,NOT SCHEDULED TO BE HEARD: - None 10. BOARD QUESTIONS AND COMMENTS Wik apologized for missing the last meeting, she was working out of town. 11. INFORMATION... 1998 Goals and Objectives Clarion Ad for Gold Rush Showcase "Preservation Advocate News" -- March 1998 Sample letter dated 4/8/98 sent to TSH property owners The Beautification Committee will plant flowers around the signs. Kebschull reported the only response she's received from the letter are from the businesses in the area and they support the planting and offered to maintain them. National Trust for Historic Preservation ISTEA information 12. ADJOIn~MENT MEETING ADJOURNED AT 8:20 p.m. Respectfully submitted, Barbara Roper, Contract Secretary Historic District Board April 20, 1998 Page 9 AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 15, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www. Kenai.net / city BOARD OF ADJUSTMENT HEARING- LEIGH/BUZZELL APPEAL A® CALL TO ORDER . 2. 3. 4. Pledge of Allegiance Roll Call Agenda Approval 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. Be SCHEDULED PUBLIC COMMENT (10 minutes) Ce PUBLIC HEARINGS . Ordinance No. 1779-98 - 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. e Resolution No. 98-21 - Awarding the Bid for a 3,000 Gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc. for a Total Amount of $498,153. . Resolution No. 98-22 - Supporting the $1,705,000 Proposed Funding in SB 292 and HB 397 for a Public Health Center in Kenai. .¸ Resolution No. 98-23 - Extending the Contract for Health and Life Insurance Brokerage Services. . Resolution No. 98-24 - Extending the Contract for Audit Services for Three Years. -1- De COMMISSION/COMMITTEE REPORTS le 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees Beautification Committee Historic District Board Challenger Board Kenai Visitors & Convention Bureau Board Alaska Municipal League Report E® MllqlITF~ . *Regular Meeting of April 1, 1998. F® G. OLD BUSINESS H. NEW BUSINESS Xe Bills to be Paid, Bills to be Ratified . .Purchase Orders Exceeding $2,500 Approval - Landlord Consent/Lot 5, Block 5, General Aviation Apron - Wedge Dia-Log, Inc. to Wedge Energy Group, L.L.C. . Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Conditional Use Permit/Lot 8, Block H, Beaver Creek Alaska Subdivision - Tom & Vicki Fruichantie, Appellants. . Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Sign Variance for Oversized Sign - Restaurants Northwest (Burger King), Appellant. , Discussion - Softball Tournaments - Tent Camping EXECUTIVE SESSION - None Scheduled. -2- I® ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attomey 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 APRIL 15, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www. Kenai.net / city BOARD OF ADJUSTMENT HEARING- LEIGH/BUZZELL APPEAL ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 10'05 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Pledge of Allegiance made prior to Board of Adjustment Hearing at 7:00 p.m. A-2. ROLL CALL Roll Call was taken by the City Clerk. Present were: Moore, Measles, Bannock, Smalley, Williams, Bookey and Swarner. A-5o AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: I-1, KCHS After Graduation Committee letter requesting budgeted $300 donation from Legislative budget. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. A-6. CONSENT AGENDA Mayor Williams reported he had no changes for the consent agenda. MOTION: Councilman Smalley MOVED for approval of the consent agenda as presented and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENT - None. KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 2 ITEM C: P ,,UBLIC HEARINGS C-1o Ordinance No. 1779-98 - 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 Co~__rrdssion More Than Once in Any Nine-Month Period. MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1779-98 and Councilman Bookey SECOI/DED the motion. Ron Goecke - 109 Deepwood Court, Kenai. Goecke stated he understood from what this ordinance stemmed from, and had no objections to the wording of the ordinance. However, he believed, because of Alaska's short construction season, the time period was too long and suggested a three-month period or 90-day period. Williams asked Ooecke ff the Planning & Zoning Commission had made any comments in reference to the ordinance. Goecke answered no, the Commission had not heard about the ordinance until this meeting. Smalley disagreed. Williams stated, the primary reason council went forward with the ordinance is that it felt an overbearing responsibility to the Commission to help the process by not hindering the Commission with repetitive issues. Williams stated he was concerned council didn't ask for Commission's review of the ordinance. Bookey concurred and stated he had asked for the ordinance to be written. He added, he thought the ordinance would go to the Commission (at council's last meeting}. He added, he would have liked the Commission to review the ordinance. Bookey stated, he had. no problem with the nine-month period as he felt the general public should not have to beat a conditional use permit application back time and time again. With a nine-month period between applications, it will be more palatable to the public. Councilman Smalley asked if the moratorium now in the Code refers to zoning changes and asked what the time period is for a zoning change. Attorney Graves answered, nine months. Smalley stated he did not have a problem with the nine- month period. Smalley added, he also thought the matter would go to the Commission for review. He understood it was requested to be forwarded to the Commission. Bannock noted, the request had been denied. Clerk Freas referred council to page 18 of their April 1 meeting wherein it stated, "Bannock referred to Item H-3, Ordinance 1779 and requested a copy of the ordinance be included in the P&Z Commission's packet as an informational item for their review at the April 8th meeting." ~NAI CITY COUNCIL ME~ING MINUTES APRIL 15, 1998 PAGE 3 Councilman Measles requested the ordinance be reviewed by the Planning & Zoning Commission during their next meeting before council takes action on it. Measles added, he was also concerned about the nine-month period, noting meeting schedules could prohibit action taken on a project for a year. He suggested a 90-day period would be ample time for delay. Measles also suggested "substantially similar" be defined so that it is not up to council or Planning & Zoning to interpret. MOTION: Councilman Measles MOVED to postpone action on Ordinance No. 1779-98 until the next regular council meeting and the ordinance be on the agenda for Planning & Zoning Commission to review at their next meeting. Councilwoman Swarner SFA3ONDED the motion. There were no objections. 80 ORDERED. Goecke added, he appreciated council not wanting the Commission to go through repetitive applications, but they, as a commission, understood when they were appointed what the work would entail. Bookey stated, his intent in writing the ordinance, was not to ease the responsibilities of the Cornm~ssion but to make the general public not have to defend their rights on a continual basis. C-2. Resolution No. 98-21 - Awarding the Bid for a 3,000 Gallon Aircraft Rescue and Firefighting Vehicle to Emergency One, Inc. for a Total Amount of $498,153. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-21 and Councilman Smalley SF~ONDED the motion. There were no public comments. Administration noted the city's percentage of cost would be 3V8%, 3% state and 90%% federal. VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. C-3. Resolution No. 98-22 - Supporting the $1,705,000 Proposed Funding in SB 292 and HB 397 for a Public Health Center in Kenai. IiEN~ CITY COUNCIL ME~ING MINUTES APRIL 15, 1998 PAGE 4 MOTION: Councilwoman Swamer MOVED for approval of Resolution No. 98-22 and requested UNANIMOUS CONSENT. Councilman Smalley SECONDED the motion. Mayor Williams noted he attended a teleconference which prompted the writing of this resolution. Adding, the Public Health Department were working hard to have funding included in this legislative budget. VOTE: There were no objections. SO ORDERED. Resolution No. 98-23 - Extending the Contract for Health and Life Insurance Brokerage Services. Mayor Wi!l/ams asked council to pass the gavel to Vice Mayor Measles and stepped down from the dias. There were no objections from council. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-23 and Councilman Bannock SECONDED the motion. Orlando Mena - Last Frontier Insurance. Mena asked if council had a copy of his letter of February 23 to Rick Ross. Council answered, no. Mena distributed the letter and time was given for council to review it. The letter discussed broker fees for the City's Blue Cross Plan. Mena explained, in 1995 his agency entered an agreement with the city to service the insurance policy for employee benefits. At that time, Blue Cross paid a flat commission of $8,000 a year. When they entered the agreement, they bid on a fee basis of $2,500 and the $8,000 would be returned to the city (when charging a broker fee, the client receives all the commissions). Mena continued, when they bid, they thought they would be getting all lines of coverage, i.e. property and casualty as well as personnel benefits. Mena continued, during August of the third year, the commission went from $8,000 to $24,000 a year. He met with Mr. Semmens and told him about the new pay scale and that his company was not benefitting from the change. Semmens stated would discuss the matter with City Manager Ross. A few weeks later Semmens called him KEN~ CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 5 back and stated there was an agreement for three years and there would be no change at this time, but they could talk after the first of the year. Mena believed there would be some consideration at the next renewal. In December, when setting the budget for the 98 year, Semmens called him to get a dollar amount of what the city will pay for employee benefits for the upcoming year. Semmens asked hi~ what the renewal rates will be. During the conversation, Semmens told hi~ that could be reviewed, but he was also speaking with a representative of AFLAC to possibly administer a supplemental plan. He told Semmens he could adr~__i_nister AFLAC, but Semmens stated he would continue working with the AFLAC representative with whom he had been dealing. Mena continued, he spoke with Semmens after the first of the year and was told he spoke with council and wanted to renew Last Frontier's contract for the next three years as well as renewing its contract with the Brown Agency for the commercial coverage. Semmens also told him it would be the same agreement that had been in place for the past three years, i.e. $2,500 commission to Last Frontier and $24,000 to the city. Mena stated, he told Sem~ens he didn't think that was fair as an additional $16,000 would go to the city and their commission would stay at $2,500. He was also told by their Soldotna manager that Ross had told him the city would not change the agreement, but would rebid it if his agency did not want to accept the agreement. Mena continued, he then spoke with Ross and Semmens. Their discussion followed what was contained in the letter before council, noting the deal had drastically changed, but Last Frontier had kept their end of the agreement for the first tl~ree years, even though the commissions changed after the second year. Sernmens called him last week and informed him a resolution would be before council at this meeting to renew their broker contract but for only one year (instead of three year at $2,500) at $5,000. Mena explained, if the payout stays the same, at the end of six years the city will receive $112,000 and his agency will receive $15,000. Mens was concerned that his company's return will stay at the same amount even though the city's return will be much higher. Mens requested council to consider paying his company a flat fee of 30% on all Blue Cross commissions received, which would amount to $7,200 per year. Ross explained, over the three years, the city's costs to Blue Cross have risen significantly. Last year, it was decided a cap would be put on the premium and the city would have to shop within that cap. He noted, the city did not receive any benefit from the insurance company for doing a one, three or five-year term because the costs are set yearly on the medical plan. At this time, AML is coming out with a new proposal for municipalities and the cities of Soldotna, Homer and the Kenai Peninsula KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 6 Borough have chosen to self insure. He added, they want to give the employees all the options they can to review to see what can be done within the cap. That is the reason for the one-year term. Ross added, when they came to council for authority to renegotiate, they hoped to renegotiate within the current premium. In this case, Last Frontier did not want to negotiate within the current premium and indicated they would take $2,500 if they had to, but wanted some consideration. Because the city was wanting to go to a one-year contract and that it could go to an RFP, Ross continued, he and Semmens agreed they would bring it to council in consideration of a one-year contract. Ross added, he felt very uncomfortable recommending to council to approximately triple the contract payment when there are opportunities for the city to RFP for brokering the Blue Cross policy. Ross noted, because of the rates the city has been receiving, he didn't think another insurance company could compete with the Blue Cross policy the city now has. However, that could change in the next year and that is why they decided to go with a one-year contract. Mena stated, when he and his co-workers met with Ross and Semmens, they were told the contract would be for another three years. He added, he had not been told until Thursday that it would be a one-year contract. Ross stated, when they met together in February, they discussed a three-year contract. Since then, the city met with the Borough, City of Soldotna, and the State of Alaska has been sending out information of an ^ML insurance pool. He added, in the last two/three weeks they determined, based on giving the employees all the options available to them, they didn't want to lock into more than a one-year contract. The decision would still be made by council about this time for budgeting purposes. Mena stated, if his company had agreed to the three-year contract in February for $2,500 a year, they would not be discussing the matter at this time. Mena asked if he was wrong. Ross answered, yes, he was wrong. Ross added, he came to council and asked them for the ability to renegotiate the existing contracts and had three years in mind. He added, he intends to have an employee group review the plans available. He is asking council to agree to a one-year contract in order to be able to have the employee group review all the options in addition to Blue Cross. Ross asked Semmens if entering into a relationship with AFLAC had been considered. Semmens answered, he talked with AFLAC about supplemental plans that require administration, but didn't see any cost to the city. Since he has been discussing their product with the AFLAC representative for a year, he felt the representative should have the opportunity to make a pitch to the employees ff they want to purchase IiEN~ CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 7 supplemental coverage. Semmens asked M ena ff he was not willing to accept the contract at $5,000. Mena answered he would but he wanted to speak to council and state their side of the stow. Measles stated, a contract is a contract. Last Frontier agreed to do the contract for a payment of $2,500 flat fixed fee and it was not tied to any increase or decrease in commissions. If the commissions had gone away altogether, Last Frontier would still have been paid $2,500. Mena disagreed, they knew they would be paid commissions, and that's why they got the bid because they were wilhng to give most of the commissions back to city. Measles continued, for professional services, insurance, etc., the city can negotiate without going to an RFP, however it's always been the position of the council to go to RFP to see what is available. In looking at the 1995 bids, there were three other companies who bid less than $7,200. With that in mind, the council could tell Ross not to renegotiate, but go to RFP to see what others would bid. Moore asked Mena if he was wi!!~ng to provide the services for the next year at $5,000. Mena answered, yes, but was concerned that the contract was first offered for three years, but at the same terms even though the city would get three times the commission, and then was offered at a one-year term for $5,000. He also voiced concern that the contract with Brown Agency had been renewed for three years at the same terms. MOTION TO TABLE: Councilman Moore MOVED to table the resolution until the next meeting. Councilman Bannock SECONDED the motion. VOTE: Moore: Yes Measles: No Bannock: Smalley: Yes Williams' Abstain Bookey: Swamer: No Yes No MOTION FAILED. Bannock asked administration what was done with the Brown Agency contract. Ross answered, it was renewed at the same commission as the first three years ($12,000). Bannock stated he didn't want to go to an RFP and asked if council would want to recommend the matter return to administration for renegotiation with Last Frontier for a three year contract. KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 8 Bookey stated he didn't want to go to a three-year contract as he believed there are other avenues available and the city should look into an RFP. He added, at this time, he thought the city should have gone to an RFP on the casualty line as well. Bookey added, he would like to stay with what administration has planned. Swarner stated she would like to go with a one-year contract for the health insurance because of the changes in health care and the employee committee reviewing the costs. She added, she would vote in support of Resolution No. 98-23. Smalley stated, he is aware of changes in the health care programs (through council and his profession). He added, this is a good policy and good for the city. When a policy is changed, it tends to 'upset the apple cart.~ Smalley suggested the matter return to administration to negotiate with Last Frontier. Bookey asked Mena to clarify that if the resolution is passed (as written), he would accept the policy for another year at $5,000. Mena answered yes. Swarner called for the question. Semmens noted, if the city shopped for coverage, other brokers could provide Blue Cross coverage and would not affect the city's policy. John Williams - Williams referred to the comment made earlier regarding a rebate. He continued, in most anything to do with a commission, and licensed by the state in certain areas, rebates are illegal. However, under this particular issue, as he understands it, a special arrangement was made to circumvent the normal regulations to allow for the rebate. Attorney Graves explained, when the city went to an RFP, the city specifically said it would have to get an agreement or tariff with the insurance commission to allow this to be done. That was done and is a legal rebate allowed by the insurance commission. He added, it was a contract between two parties negotiating at arm's length and the insurance commission felt it was appropriate. VOTE ON TIEE RE~OLUTION: Moore: No Measles: Yes Bannock: Smalley: No Williams: Abstain Bookey: Swamer: Yes No Yes MOTION FAILED. Ross asked council if the problem was with the one-year contract. Bannock answered, he would like to see a negotiated agreement for a three-year term brought back to council. Moore stated he would like an agreement to come back to council KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 9 where both parties are happy. Ross stated, Last Frontier won't be happy unless the amount is $7,200. Moore added, the city then could fred somebody else. Swarner stated she would like a one-year agreement and was not interested in a three-year agreement at all. Bookey agreed and added, he felt the insurance plan needs to be reviewed and would like a one-year agreement. MOTION FOR RF~ONSIDERATION: Councilman Smalley MOVED for reconsideration of Resolution No. 98-23. Councilman Bannock SECONDED the motion. VOTE ON RECONSIDERATION: Moore: Yes Measles: Yes Bannock: Smalley: Yes Williams: Abstain Bookey: Swarner: Yes Yes Yes MOTION PASSED UNANIMOUSLY. MOTION TO AMEND: Councilman Smalley MOVED to amend Resolution No. 98-23 in the third whereas, changing $5,000 raise it to $7,200, and in the "now, therefore" paragraph, change the $5,000 to $7,200. NO SECOND. MOTION DIES. Bannock asked if no action is taken on the resolution, what will administration do. Ross answered, he would ask council for clear direction as to what they want him to renegotiate with Last Frontier or shop the brokerages. He added, if the amount would go over $5,000, he would suggest shopping the brokerages. MOTION TO TABLE: Councilman Moore MOVED to table the motion. NO SECOND. MOTION DIES. MOTION TO AMEND: Councilman Bannock MOVED to amend Resolution No. 98-23 to continue for three years, the current agreement. Councilman Moore SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 10 Bannock stated, at this time he was not concerned whether Last Frontier would accept a three-year contract at the current amount. However, he was concerned about some consistency and is what was done with the other brOker. If Last Frontier does not accept the contract, the city could then do what it needs to do. He added, in fairness to consistency, the city did not renegotiate with the other agency and a roll- over was done. The wholesale lines changed the commission structure with this broker, and could have with the other broker as well. Bookey stated, he would not support the motion. He would like to continue with a one-year program. There were no further comments from council or administration. Vice Mayor Measles clarified the motion was to amend the resolution to a rollover, three-year agreement, under the same terms as the existing contract. VOTE ON AMENDMENT: Moore' No Measles' No Bannock: Smalley: No Williams: Abstain Bookey: Swarner: No Yes No MOTION FAILS. VOTE ON MAIN MOTION, AS SUBMITTED: Moore: No Measles: Yes Bannock: Smalley: No Williams' Abstain Bookey: Swarner: Yes Yes Yes MOTION PASSED. Mayor Williams resumed the chair. Resolution No. 98-24 - Extending the Contract for Audit Services for Three Years. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-24 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL ME~ING MINUTES APRIL 15, 1998 PAGE 11 VOTE: MOTION PASSED UNANIMOUSLY. ITEM D,.-, COMMISSION! COMMITTEE I~PORTS D-X. Council on Aging Councilwoman Swarner reported the minutes of the last meeting were included in the packet. Airport Commission Councilman Measles reported the minutes of the last meeting were included in the packet. D-3o Harbor Commission Councilman Bookey reported the Commission met on Monday. He noted, the Commission finished their goals and objectives and discussed possible privatization of the dock. He will report more on the meeting when the minutes are available. Williams asked if administration had determined the costs he had requested in regard to privatization of the dock. Ross answered, they would be available for the April 29 budget work session. D-4o Library Commission Councilman Moore noted the minutes of the last meeting were included in the packet. D-~o Parks/h Recreation Commission Councilman Bannock reported the minutes of the last meeting were included in the packet. He noted, the Commission discussed the green strip camping which will be discussed later in this meeting. The Commission also debated a motion to recommend to council that design work on a multi-use recreational facility begin this summer. He discussed the BOR land exchange, etc. with the members and the motion received no action. KEN~ CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 12 9-6. Planning ~ Zoning Commission Councilman Smalley reviewed the minutes of the April 8 meeting. He noted, sign variance requests failed and he believed one would be appealed to the Board of Adjustment. He requested council read over the discussion regarding Item 7a, requiring permits for home occupation. 9-7. D-7a. Miscellaneous Commissions and Committees Beautification Committee Councilwoman Swarner reported the Committee met the day before. During the meeting they decided on their summer theme - Celebrate Summer with. a Rainbow of Colon A volunteer orientation ha~ been set for May 2 and flower beds will a/so be cleaned. A clean-up of the cemetery has been set for May 13 and 14. Historic District Board Councilman Moore reported a meeting was scheduled for April 20, but he would be unable to attend. He requested another councilmember attend in his place. D-7c. Challenger Board- No report. D-7d. Kenai Visitors & Convention Bureau Board Councilman Bookey reported a meeting was scheduled for April 22. D-7e. Alaska Municipal League Report Councilman Smalley reported he and Mayor Williams attended AML Board of Directors and Alaska Conference of Mayors meetings in Juneau on April 1, 2, and 3. Both visited with legislators concerning municipal assistance and urged that no cuts be made to it. He noted, the AML is pushing for a resolution regarding the educational formula problem and investigating a plan of action at the legislative level for deferred maintenance. He urged council to call the legislators and voice their opinions. Smalley reported he also attended a conference on April 8 where they discussed revenue sharing cuts, reiterating to the Legislature that any cuts to Municipal Assistance, Revenue Sharing, Safe Communities, shift to local tax increases and puts the burden on local municipalities and boroughs. Williams reported he testified on three separate legislative bills' 1) funding for the Public Health Nurse Facility ($1,705,000). There was positive response. 2) He KEN~ CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 13 testified on behalf of the State Fire Chiefs Association for standards for education. 3) He testified in regard to the proposed community dividend program. He noted, a lot of work had been put into this proposal. He added, it is important to remember that a constitutional amendment is what is wanted to be made, instead of a statutory amendment. While in Anchorage, he discussed the matter with Governor Hickel and Eric Wohlforth (chair of the Permanent Fund Board of Trustees). ITEM E: MINUTES ,,, Regular Meeting of April 1, 1998. Approved by consent agenda. ITEM F: CORRESPO~ENCE- None. ITEM G: OLD BUSINESS- None. ITEM H: , , NEW BUSINESS H-X. Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilwoman Swamer SECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500- None. H-3. Approval- Landlord Consent/Lot 5, Block 5, General Aviation Apron - Wedge Dia-Log, Inc. to Wedge Energy Group, L.L.C. MOTION: Councilman Smalley MOVED for approval of the Landlord Consent for Lot 5, Block 5, General Aviation Apron from Wedge Dia-Log, Inc. to Wedge Energy Group. Councilman Moore SECONDED the motion. There were no comments or Objections from administration. KENAI CITY COUNCIL ME~ING MINUTES APRIL 15, 1998 PAGE 14 VOTE: There were no objections. SO ORDERED. Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Conditional Use Permit/Lot 8, Block H, Beaver Creek Alaska Subdivision - Tom & Vicki Fruichantie, Appellants. Council reviewed the information included in the packet in regard to setting a hearing in the above-referenced matter. MOTION: Councilman Smalley MOVED to approve the setting of the Fruichantie Board of Adjustment hearing for 7'00 p.m. on Wednesday, May 6, 1998. Councilman Bannock SECONDED the motion. Councilman Bookey suggested the hearing be scheduled for a night when there is no council meeting because of the time taken by the hearings in the past and the lateness of the hour when the actual council meeting begins. Smalley stated he didn't think this or the following hearing would take a lot of time because the matters were not as difficult as the one heard earlier in the evening. VOTE: There were no objections. SO ORDERED. Council decided to hold both the Fruchantie and Restaurants Northwest Board of Adjustment hearings on May 6, beginning at 7:00 p.m.. The Fruchantie hearing is to be heard first and then the Restaurants Northwest hearing to be heard second. Discussion - Scheduling of Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Action/Denial of Sign Variance for Oversized Sign - Restaurants Northwest (Burger King), Appellant. See above. Discussion - Softball Tournaments - Tent Camping Bannock reported the Parks & Recreation Commission debated this issue during their last meeting and read from page 5 of the meeting minutes. He noted, the Commission felt it was an issue Director Frates and City Manager Ross should work out. Bookey KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 15 stated, whatever is worked out between Frates and Ross should come to council for review and consideration. Williams noted the ordinance gives the authority to the city manager to permit for camping and felt Ross should take care of the matter. Williams advised, there is a softball tournament scheduled for the same day as the Industry Picnic. Ross explained, as he understood the history of the ordinance, the city manager has allowed ermits for camping on the FAA fields for large groups, mainly the RV caravans. He cautioned, if council sets up use for camping along the green strip during tournaments, it will formalize that it is an allowable activity there, i.e. the area may be turned into a camping area during tournaments. Ross ad~ied, he hates to use an exception in the ordinance to write permissions for what will be scheduled events unless council agrees they want the area used for camping in the future, knowing rules will be have to be developed to take care of complaint situations. Ross noted, if council wants to continue tournament camping, it can be done. However, he has not found information in the records of permission being given and that it seems to have just evolved. Swarner stated she would prefer the camping at the FAA fields and not on the green strip. That way, interference with other events is not a problem. Bookey stated, he was concerned about the comments from constituents who complained about the cars on the grass and that if softball players can do it, why can't local citizens do it. Additionally, the problem has grown to a point where it is no longer acceptable in that location as it precludes the area being used by local citizens. He added, he is also concerned that there is no way to distinguish between softball players and dip net fishers using the area. Measles agreed, and added, if the camping is moved to the FAA fields, that will also become the area for dip net fishers to camp. There will also be enforcement problems to keep non-permitted tent campers out of the area. Measles noted, the Kenai River Festival will also be held at the FAA fields. It was also noted, the caravans no longer come to Kenai. Swamer noted there is a tournament also set for July 4 and 5 which would interfere with the parade booths. Williams stated, he believed administration should work out the matter to determine when the area will be needed for other events and whether they need to move the campers to another area. Bookey stated he disagreed as the green strip facility was built for the long-term benefits of the constituents of the city. Williams noted, if the campers are moved to the FAA fields, the city will have to provide restroom facilities, etc. Swarner suggested charging a fee as they would have to pay a fee if they camped at the regular tent camping area. Smalley stated he felt Ross and Frates need to resolve the concems and report back to council. Ross stated, if council wishes, he will meet with Frates and look at dates KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 16 not in conflict with the known events and work out something as far as permitting for the green strip area. However, once it is formalized and start permitting for the area, the official expectation will be created that the area will be used for camping. He added, he wants council to be aware of that. However, council has never stated that area is a camping area. Ross continued, it has been suggested the players could use the parking lot for camping, however, a portion of the parking lot is leased. He noted, there is a very limited space in the ballfield area which will not interfere with constituent use of the facilities. Swarner stated, she did not support the green strip as a tent camping area, permitted or not. Bookey agreed. Bannock noted, Parks & Recreation stated they wanted Ross and Frates to handle the problem, not find a way to make tent camping work. Smalley noted, he didn't specify a location in his earlier statement. EXECUTIVE SESSION- None Scheduled. ITEM I: A~.., M~ST~TION REPORTS 1-3. Mayor a. Fish Waste Processor - Williams reported he was requested to facilitate a meeting in regard to developing a fish waste processing plant in the area. The meeting will be held on May I at 9'00 a.m. in the council chambers. b. KCHS After-Graduation Party Donation Request - Wil!_/ams referred to the letter of request added to the a§enda at the beginnin§ of the meeting. It was noted, the Legislative budget identified $300 for this donation. MOTION: Councilman tmalley MOVED to approve the $300 donation for the KCHS After- Graduation Party. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. c. Kenai River Festival Donation Request- Council referred to the letter of request included in the packet. It was noted $300 was identified for this donation in the Legislative budget. KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 17 MOTION: Councilman Smalley MOVED for approval of the $300 donation to the Kenai River Festival and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. I-2. City Manager a. Peninsula Wide Drug Enforcement Grant- Ross reported there is a Peninsula-wide drug enforcement grant in progress in thc amount of $100,000 with four agencies participating. The local match from each agency will be $6,500. He noted, he had authorized the Police Chief to go forward with developing the grant. The funding source for the local match would be from police salary savings as a result of turnover, unless council objects. Ross added, there has not been a coordinated drug effort on the Peninsula for several years and this will be an opportunity to develop one. No objections were stated. b. Dip Net Fishing Memorandum- Ross noted, he gave council a prelimin~ report on the dip net fishery issues the city will address. He requested council review the information and contact him if there are areas of concerns. Ross added, he met with Fish & Game and they have delivered signs, kiosks, barricade fencing, dumpsters, trespass and litter signs, etc. Also, Fish & Wildlife Enforcement has stated there will be some ground troop presence and will coordinate the Police Department. He added, he will ask council to include $7,500 in the FY99 budget toward this program. Also, the Fish & Game supervisor has stated he believes he will be able to have a presence on the beach to enforce the city's litter ordinance. Ross continued, they are working together with some pre-publicity and educational items, as well as a liaison to handle news releases, etc. c. Budget Work Session Agenda- Ross stated he would like to place the KVCC first on the agenda as they would like to make a presentation to council. Then continuing through the General Fund and taking the departments in order. If council completes the General Fund, they could then go through the other funds. Ross added, unless council states otherwise, that is how he will schedule it. d. F~I Grand Opening- Ross reported the grand opening for the industrial fh'e center will be held on dune 18. Council will be receiving invitations. e. Corps of Engineers PreUminary Study- Ross reported the Corps of Engineers preliminary study can be put on an inactive list for five years. Unless council objects, he believed that is what should be done as the city did not have the $250,000 for its share. A letter will be sent to the Corps indicating the study should KENAI CITY COUNCIL MEETING MINUTES APRIL 15, 1998 PAGE 18 be put in an inactive status. Bookey added, the Harbor Commission had already recommended the study go on the inactive list for five years. Further discussion regarding the agenda for budget work session and whether council had said to consider the major items, i.e. COLA increase, personnel changes, trucks, etc. first and then consider the department budgets or the department budgets first. Williams objected to Ross developing an agenda without his input. Ross stated, he remembered council told him to do the departments first. A question of what the code directs in regard to development of agendas was read and noted the city clerk prepares the agendas after consultation with the mayor and city manager. Williams requested Ross consult with him in the future. I-3. Attorney- Attorney Graves reported he would be leaving the state Thursday and returning Tuesday afternoon. X-4o City Clerk- No report. I-5. Finance Director- Semmens reported FAA told him the city would receive $2.2 million for the ARFF grant next week. Receipt of the funds should not require council action. Public Works Director- No report. X-7o Airport Manager- No report. ITEM J: DISCUSSION J-X. Citizens- None. Council- No Comments. ITEM K: ADJOURNMENT The meeting adjourned at approximately 11'55 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk BUDGET WORK SESSION APRIL 8, 1998 KENAI SENIOR CENTER 7:00 P.M. AGENDA ITEM 1' BOROUGH PRESENTATION/PERSONAL PROPERTY TAX CHANGES ITEM 2: OVERALL BUDGET REVIEW- City Manager Ross and Finance Director Semmens. o ITEM 3: DONATION RE~,UEST PRF~ENTATIONS: g. h. i. j. k. 1. Industry Counts Association - Appreciation Day Picnic United Way- Helen S. Donahue, Executive Director Kenai Community Library- Holiday Open House Boy Scout Troops 152 and 652 - Flags. KCHS Hockey Booster Club Peninsula Winter Games Kenai Peninsula Youth Court, Inc. Kenai Peninsula Food Bank, Inc. Kenai Alternative High School- Graduation donation. Kenai Central High School - Graduation donation. ALPAR Litter Control Kenai River Festival ITEM 4: DEPARTMENT BUDGETS Informational Items: d. RR memorandum regarding Dip Net Fishery. 11 / 6 / 97 United Fishermen of Alaska letter regarding membership. Resource Development Council for Alaska, Inc. letter regarding membership. 1/28/98 After-the-Party Holiday Party Meeting Minutes. KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 8, 1998 KENAI SENIOR CENTER 7:00 P.M. COUNCIL PRESENT: Williams, Bookey, Smalley, Measles, Swamer, Bannock (arriving at approximately 8'50 p.m.) COUNCIL ABSENT: Moore. STAFF PRESENT: Freas, Semmens, Porter, Graves, Frates, DeForest, Walden, Komelis, Lawyer, Morris, Holland and Elson. OTHERS PRESENT: David Lucas (Peninsula Clarion), L. Measles (Kenai Chamber), Jim White (KCHS Hockey), S. Little (Boys/Girls Club), Aleja DeVito and other representatives from KPB Finance Department), E. Claussen, Lorrene Forbes/Bob Peters (Library Commission}, Helen O'Donnell (United Way), Gene Brookman/Linda Parker (Food Bank}. Opening Remarks: Mayor Williams explained no direct actions would be taken on budget items during this work session. He noted a presentation regarding sales tax would be made by representatives from the KPB Finance Department, Finance Director and City Manager Ross would present an overview of the budget, and then council would listen to requests for donations. SAI,~ TAX PRESENTATION: Finance Director Jeffrey Simmms of the Kenai Peninsula Borough was introduced, as well as Aleja DeVito who had been contracted by the Borough to develop the presentation. Other representatives of the Borough Finance and Assessing Department introduced were Troy Tankersle¥, Sales Tax Department; Erin Lockwood, Sales Tax Department; DeRay dories, ~uditor; Tern Eubanks; and ,Jim Lawyer, Assessor. DeVito gave a presentation regarding the sales tax system, how monies are collected and distributed, general code requirements, audit processes, individual fights, and changes to the property tax code. CITY OF KENAI BUDGET OVERVIEW: Finance Director Semmens passed out a packet of information which included FY 99 revenue and expenditure summary of all funds; schedule of COLA vs. CPI, budget projections for the general fund; municipal assistance and revenue sharing; and, recaps of the general fund for FY 99, including special revenue funds and enterprise funds. Revenue & Expenditures/Summary_ of All Funds: Total expenditures for the year are $12.2 million, revenues $11.5 million, and the deficit is close to $700,000, but is moderated by the credit for depreciation. At the end of the year, the city should have approximately $30 million in fund balance {which is a very healthy fund balance). Revenue Sources: Revenue sources are similar to last year, they expect 31% of the revenues from taxes. Other sources are water/sewer fees, interest, transfers in, and contributions from fund balance (the same as last year). Expenditures: Expenditures are similar to last year. As expected, personnel services (wages) is about half of the expenditure budget. Schedule of COLA from 1984 through 1998 vs. CPI: The CPI used is the Anchorage CPI. Last year, there was no COLA adjustment and the CPI for Anchorage increased 3% during 1996. The City lags about one year. In 1997, the most recent CPI available, Anchorage increased 1.2 %. There is about a 4.2% increase since the last COLA adjustment and the 1999 budget proposes a 2% COLA. Noted was that under any of the cumulative differences of 15, ten or five years, the COLA is a little bit behind Anchorage CPl. Budget Project - General Fund: The Fiscal 98 budget projection was revised to show a $22,000 increase in sales tax and an increase in fish tax estimate by $40,000. The interest revenues were also amended, which recognizes the transfer out of $1.5 million to the equipment · '.~ replacement fund. For the Fiscal 99 budget, assessed values which drive the property tax revenues, are up slightly (based on Borough calculations, but are not final due to adjustments being made through the year). However, the $329,138,000 projected will be close and any adjustment would result in less than a $10,000 variance. Sales tax is projected for a 2% increase. In regard to state revenues, it was learned the Department of Community & Regional Affairs would be taking a hit and five percent will be cut from the Municipal Assistance & Revenue Sharing. This equals an approximate $27,000 decrease. Fish tax is estimated to decrease from $200,000 to $120,000 (based on information from Fish & Game that the 1998 value of catch will be 60% of the 1997 catch). This year, $95,000 is expected from ambulance fee revenues and $100,000 next year. At this time, there are delinquent, uncollected ambulance fee revenues of $114,000, although the City's policy is not to aggressively collect these delinquent fees. However, the procedure includes reporting to a credit bureau which seems to be getting results. Interest revenues are down due to the transfer of $1.5 million to the equipment replacement fund. The revenue is based on an interest rate of 5.7% which is approximately where the two-year treasury note is today. Smalley asked if the five percent cut to Municipal Assistance and Revenue Sharing was the same potential cut expected for the Safe Communities program. Smalley added, the cut to the Safe Communities program is to be five to seven percent. Semmens stated, the programs are the same and he thought, up to this week, there was a commitment to hold those at last year's level. Smalley noted, the commitment was from Representative Phillips, Senator Miller and Governor Knowles. Williams noted, the City began receiving $1.5 million in assistance and revenue sharing, but that amount has steadily decreased over the years. This year, with the $27,000 cut, the amount the city will receive is $504,000 (both Municipal Assistance and Revenue Sharing). Williams continued, last year the Legislature seemed to have made an agreement to not cut Municipal Assistance and Revenue Sharing. Now it has been learned there is no deal. As a result, a community dividend program is hoped to be developed which will fund municipalities from the losses taken in Municipal Assistance and Revenue Sharing. To guarantee funds set aside for such a program will take a constitutional amendment which will need a vote from the people. He explained, a statutory amendment can be made by the Legislature, but not necessarily held from Legislature to Legislature. Revenues to General Fund: They are very similar to those last year. of revenue. Sales tax continues to be the largest source Expenditures to General Fund: The current budget shows a deficit of $646,356 because encumbrances from the year prior have been rolled over and added to, without any additional revenue source. However, year after year, the large budget deficits don't materialize partially due to governmental accounting rules and room in the budget. This year, administration is trying to estimate the lapse in the budget so that when the financial statement comes out under generally accepted accounting principles, the deficit that will be seen in the financial statement will be similar to the projected budget balance deficit. The current budget is $8,069,000. It is estimated $484,000 of that will not be spent in the current year. Projections for fiscal year 1998 is approximately $60,000. The budget for FY 99 is $7,965,499, $186,000 more than in the prior year's beginning budget (2.4%1. If the revenues come in exactly as projected and all the appropriations are spent, there would be a deficit of 111508,559 {which won't happenl. It is believed, not all the budget will be spent and it will be nearer to the $110,000 lapse. Over the next five years, if revenues increase at 2% and expenditures at 3%, a continued budget deficit will be seen and at some point, it will have to be balanced out either by reducing services and expenditures or increasing revenues. A proposed one mill increase in 2002 was noted. It was also noted, general fund expenditures will level out (over the next five years) by using the equipment replacement fund. Water/Sewer Fund: It was noted the Fund is projected to show a deficit of $50,967, but actually has $71,000 in its contingency. With that, it is thought the deficit will not materialize. It's basically in good shape. No change is proposed for the rates. Ai.rport Land System: It was noted, this Fund is also in good shape. There had been some concern because approximately $2 million was transferred out to build the Animal Shelter and contribute to the ARFF. Due to that, interest on investments will be lower next year. However, the Fund will end up with nearly a $6 million fund balance. Williams noted council expected a drop in the earnings because of the transfer out, but anticipated the regeneration of funds. It was also noted a change of rents and leases is due to the Dairy Queen not being rented, and the general fund paying rent to the Airport Land System for the Animal Control Shelter. Enterprise Funds: It was noted there is an increase in the Boating Fund of $45,000 (based on depreciation). Administration is trying to get the Enterprise Funds on the same basis as the financial statements. Without the change, the real increase to the Fund is $7,000. Airport Terminal: Down a little bit, but in good shape. Congregate Housing: Up a little bit, but in good shape. Boating Fund: Not in good shape financially. Revenues this year are better than projected due to a lot of activity from fuel sales to one particular customer. This is not expected to happen next year, so the revenues have been moved back to a more historic average. Expenditures will be up a little bit. The Fund is projected to end FY98 with negative retained earnings of $47,000. From a practical standpoint, the Fund will run out of cash and the General Fund will have to subsidize it. It was suggested this fund be changed from an enterprise fund to a special revenue fund so depreciation will not be involved. An advantage to an enterprise fund is that revenues will cover the expenses including depreciation and that will not happen. Changing the type of fund can happen anytime with an ordinance. But, from a budgetary perspective, it really doesn't matter whether it is a special revenue fund or enterprise fund. As a special revenue fund, it would be on the same level as the water/sewer fund. Williams asked if council discussed the privatizing of the boating facility. Williams passed information to the city manager and finance director to review. The information was developed by a group interested in.privatizing the dock. Williams asked them to review and decide whether a third option might be to go into a public/private enterprise situation in which the operations of the dock would be privatized. Airport Terminal Fund' In good shape. FY98 revenues are expected to come in $25,000 which is higher than budgeted. Next year's revenues have been budgeted less than budgeted this year, but are still in line with historical averages. The Fund is expected to generate an income of $36,000 plus another $49,000 in its depreciation credits. KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 8, 1998 PAGE 5 Congregate Housing Fund' The Fund produces negative net income (from an accounting standpoint). But there is depreciation from the grant funded portion of the facility which is added back to the fund balance. In the end, the Fund will add $72,000 to retained earnings this year and $71,000 is projected for next year. Retained earnings are earned up to $500,000 as a reserve for maintenance of the facility. When the $500,000 is reached, the surpluses will go to the General Fund. In summary, the General Fund maximum deficit projected and the budget deficit legally is projected at $508,000 although it is projected to come in much lower than that (possibly $110,000). Williams thanked administration for the very good budget document. Ross noted, Semmens was trying to show council the projections to frae tune the budget. It is a deficit budget, but they don't believe the deficit will be as bad as projected. Without the major decisions council made last year, the deficit could have been $400,000. Those decisions also delayed the need for a tax increase for at least two or three years based on the level of expenditures. Ross added, the major changes in the FY99 budget are in personnel, finance computer software package, asphalt recycler, development of the Erick Hansen Park, and the purchase of a tractor. Ross noted, the budget is basically a maintenance budget, but is a deficit budget. Williams commended Ross, Semmens and the entire staff for the preparation of the document. BREAK TAKEN: 8:20 P.M. BACK TO ORDER: 8:34 P.M. DONATION REQ. UESTS: Industry Appreciation Day/Suzanne Little- Little reported this year the celebration would honor the fishing and oil industries. Expenses will be incurred for entertainment and prizes for the children's activities that have been planned. She requested council's best discretion for donating to the project. Williams noted, the All-State Softball Tournament is also scheduled to be held the same weekend. Also, confirmation has been received from Senator Murkowski and they expect the Governor to also attend. United Way/Helen O'Donnell- O~)onnell thanked council for matching City employee donations up to $2,000. She noted, they would like to see the employee KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 8, 1998 PAGE 6 payroll deductions continue. O'Donnell reported, the United Way goal was $425,000 and they reached $444,000. Of that, the city's contribution from both employees and the council's match was $8,450 which was a small decrease from the past. O'Donnell, referring to her letter included in the packet, noted, they would like council to consider increasing their match. She noted, United Way serves 26 agencies in the community. O'Donnell also reported the co-chairs of the 98 campaign are Mayors Williams, Lancaster, Satin and Cushing. Matches from the other municipality's councils would also be requested. Kenai Community Library Open House/Emily DeForest- DeForest reported the donation to the Library Open House had inadvertently been omitted from the bud§et document. She requested council's donation of $500 (which was given in December, 1997). Boy Scouts- No presentation made. It was noted, council has donated $300 in the past for the purchase of flags which the troops place along the highway on national holidays. KCHS Hockey Booster Club/Jim White - White reported the city had been very generous in the past years in purchasing space in the hockey programs. He noted the School District budgets $5,000 each year for purchase of ice time and a stipend for the hockey coaches. He also noted, the Booster Club donated $5,400 during the last year which mostly goes to ice fees. The Club holds two major fund raisers during the year and have had wonderful support from local businesses. White noted, this year the team has two new coaches and a positive hockey program. He added, the city's donation goes to good use. Peninsula Winter Games/Laura Measles- Measles, Executive Director of the Kenai Chamber of Commerce, reported she had been requested to work with the Games group to try to enhance the games in the City of Kenai. In the past, most of the activities have been held in Soldotna. However, with holding the start of the Tustamena Sled Dog Race from the city dock this year, the potential for more activities to be held in Kenai has increased. Measles noted, it is her goal to increase the events to be held in Kenai and focus on Kenai. Activities suggested are ice carvings, street dance, cooking contests, etc. Also, KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 8, 1998 PAGE 7 they are trying to coordinate airfare packages with airlines and local hotels. She added, there is a great potential for helping the hotels and bed/brealdasts in the community as well as increasing sales tax collections. Measles noted, the City of Soldotna donated $2,000 last year. She requested council consider increasing their donation to $2,500 for the 99 Peninsula Winter Games. Peninsula Youth Court/Virginia Espenshade- Espenshade referred to information included in the packet and explained most of their expenses arc from personnel services. There is a court in Kenai and Homer. Some of the past donations were used for purchase of equipment. She noted, the program trains seventh through twelfth- grade students by judges, local lawyers, and police officers. Espenshade explained, they receive a $29,000 grant from DFYS which is seed money (a two-year grant. Their budget is based on a projected cost of $76,000. They have been asking corporations and municipalities to fill the gap. Espenshade explained how the Youth Court project works, noting youth found guilty of crimes are sentenced to community service, writing essays, etc. Compliance checks are made. They have very good success. She noted the program is based on two ideas- ff the child completes the youth court sentence, their case is closed and nothing is placed on their permanent record; the youth court puts the responsibility back on the offenders. Espenshade also noted benefits to the community include student attorneys receiving a law course; it's a hands-on civics lesson; it pro~ides intervention to first-time offenders; and the community services provides volunteered labor and is a deterrent to other children. Williams asked what the Borough's level of funding has been. Espenshade answered, they have offered $1,000 stipends for teachers. Swarner asked if other municipalities have funded the program. Espenshade answered $7,500 was received from the City of Soldotna and a Homer foundation. However, no funding was received from the City of Homer. Williams asked if a different attitude is seen from youth offenders who are involved with this program versus those involved in the adult system. Espenshade answered she finds that kids in their program seem to get a reality check and sees an impact made by Youth Court. Kenai Peninsula Food Bank/Gerry Brookman and Linda Parker- Parker explained, the Food Bank has been in existence since 1990. Information included in the packet reviewed services provided. She noted a value of food exceeding $600,000 was distributed to people in the City of Kenai, i.e. Kenai Care Center, WRCC, etc. KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 8, 1998 PAGE 8 Parker noted, they had never received funding from the city, but due to increases on the Food Bank have encouraged them to make a concerted effort in contacting all types of businesses and government offices. Parker also noted, their Soup Kitchen Program is staffed by volunteers, community service workers, etc. Many of those working in their program have increased their self- confidence, gone on to apply for other jobs, learned basics in holding jobs, etc. She noted, they have seen more and more organizations sponsoring a meal a month at the Soup Kitchen for $100. Parker also reported, they are developing a summer lunch program in which they will prepare lunches and deliver them to the Boys &, Girls Club and North Peninsula Recreation Program. Williams asked how they qualify a person as a potential recipient for food or soup. Parker answered, they don't judge. Anyone coming in can receive food. There is a donation cup available if someone feels they can pay even a small amount. Kenai Alternative High School/Phyllis Halstead- Halstead thanked council for the support they have shown in the past. She noted, they are a bare-boned, no frills high school which is housed at the Kenai Elementary School. No dances or proms are held at their school. They have a celebration when students complete their programs and they purchase caps and gowns for the students ff they can't afford them. She noted, the council has donated $100 in the past and they appreciate the donation very much. It was noticed the budget document showed a donation of $300 for the school. Williams requested additional donation be made to the Alternative School if the budgeted amount for the 97/98 budget was set at $300. KCHS After Graduation Party- No presentation made. At,PAR Litter Control/Suzanne Little- Little explained, in 1996 the ALPAR program was turned over to the Boys & Girls Club. They employ five to ten kids who clean along the highways, concentrating on Kenai and Soldotna. Last year they helped to clean up the Kenai beach during the dip net season. They have also cleaned the Huss Memorial Park and other access points to the River in both Kenai and Soldotna. Little requested the city's donation be increased to $1,000 for both the current budget year and the 98/99 budget year. Smalley asked if the City of Soldotna participates. Little answered, yes and they are requesting $1,000 from the City of Soldotna this year as well. She added, all the money donated to the program is used to pay for gas and payroll. Little also noted KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 8, 1998 PAGE 9 they received $500 from Soldoma last year and they anticipate $3,500 from the Borough's Solid Waste Department and they also receive a $3,000 grant from ALPAR of Anchorage. Kenai River Festival/Suzanne Little- Little explained, for the past several years, the Festival has been held in Kenai and celebrates the River and the wildlife along the River.' She noted, the Festival is mostly an educational event, i.e. Fish & Game present programs, there are puppet shows regarding River issues, music is provided by local entertainers, etc. Some of the funds are used to help defray costs for the fish hat booth for purchase of the materials to make the hats. INFORMATION ITEMS: Williams noted the reformational items included in the packet, i.e. RR memorandum regarding dip net fishery; 11/6/97 United Fishermen of Alaska letter regarding membership; Resource Development Council for Alaska, Inc. letter regarding membership; and, 1/28/98 After-the Party Holiday Party Meeting Minutes. Williams noted the minutes were interesting reading and appropriate comments made. COUNCIL COMMENTS: Bookey -- Stated he believed the budget was in excellent condition and council would have an easy budget session all the way through. However, he had some concerns of individual budgets. Swarner-- No comments. Bannock- No comments. Smalley - Agreed with Bookey, adding he believed the budget was a good document however there were some areas which will promote some good discussion. Measles- No comments. Williams thanked those who attended the work session and noted, the next budget work session was scheduled for April 22, beginning at 7'00 p.m. and to be held at the Senior Center. Ross noted, as a matter of process, last year council took the budget memorandum that identified the big items and that was where most of the discussions were centered. He asked council to let him know by Wednesday night if that was the approach they wanted to take or did they want him to schedule the departments to KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 8, 1998 PAGE 10 come before council (if they wanted to do department by department). He added, either do that or go with the budget memo on the big items, i.e. personnel, COLA, equipment, park, and computer program for the Finance Department, as they were really the major changes in the budget. Williams noted, the next budget session (April 22) is scheduled to be held at the Senior Center. Williams noted, in the past two years, council put into play discussions for each member of the council to pull out those items they had the greatest amount of heartache with in the budget and present those and take care of the administration's big numbers first, getting them out of the way, and then go on and complete the rest of the budget. Williams asked council if they wanted to do that or would they rather take a look at administration's big valid budget items and then take each department individually as they often do. Bookey stated, he would like to stay with that part of the program. Williams stated, then they would go ahead with administration's big budget items and full discussion of those and then once that's finished we'll complete the individual budgets. ADJOURNMENT: The budget work session ended at 9:31 p.m. Notes transcribed and prepared by: Carol L. Freas, City Clerk BUDG~ WORK SESSION APRIL 22, 1998 KENAI SENIOR CENTER 7:00 P.M. ITEM 1' ITEM 2: C. ITEM 2' §. h. i. j. k. 1. m. n. o. p. q. r. AGE17DA KENAI VISITORS CENTER BUDGE~ REVIEW PRESENTATION LARGE BUDGET ITEMS COLA Increase Personnel Changes 1. Library Assistant (20-hour part-time). 2. Library Department Assistant 1 to Library Assistant 1. 3. Finance Department Receptionist/cashier from part-time to full- time. 4. Public Works Department -- Two Public Works Manager Positions. 5. Other Finance Department- New computer system. Animal Control- Rent and pick-up truck purchase. Street Department- Asphalt Recycler Parks Department- New park and tractor purchase. DEPARTMENT BUDGETS City Clerk Legislative Legal City Manager Finance Land Administration Non-Departmental Planning & Zoning Safety Police Fire Communications Animal Control Public Works Administration Shop Streets Buildings Street Lighting -1- Se ITEM 3' ITEM 4: ITEM 5- ITEM 6- Library Recreation Parks Beautification SPECIAL REVENUE FUNDS Water/Sewer Fund Airport Land System Fund Senior Citizens Title III Grant Fund Senior Citizens Borough Grant Fund Senior Citizens Title V Grant Fund. DEBT SERVICE FUNDS Debt Service Funds Budgets ENTERPRISE FUNDS Boating Facility Fund Airport Terminal Fund Congregate Housing Fund FIDUCIARY FUNDS Land Sales Trust Funds Budgets ITEM 7: bo d. INFORMATIONAL ITR_M_S 4 / 7 / 98 memorandum from the Kenai Advisory Library Commission requesting budgeting of Sunday hours. 4/8/98 Budget Work Session Notes 4/3 ! 98 Peratrovich, Nottingham & Drage, Inc. letter regarding Kenai River erosion problems. 4/16 / 98 L. Semmens memorandum regarding cost of pay increase for water/sewer personnel. KTUU-TV Station Programming and Rate Card Information. -2- KENAI CITY COUNCIL BUDGET WORK SESSION APRIL 22, 1998 KENAI SENIOR CENTER 7:00 P.M. COUNCIL PRESENT: STAFF PRESENT: OTHERS PRESENT: Williams, Bookey, Smalley, Bannock, Swarner, Moore and Measles. Freas, Porter, Elson, La Shot, Graves, Semmens, Ross, Moms, DeForest, Young, Springer, Frates and Holland. E. claUssen, L. Forbes, R. Malston, R. Godek, D. Lucas (Peninsula Clarion), M. Nelson, L. Oberts, W. Jahrig, and B. Peters. Additional Information: Mayor Williams noted there were two pieces of additional information' LIO notice regarding teleconference hearing for SB 292 (where la.n~age regarding Kenai Health Center would be includedl and marked as Item 7f; and, a proposed floor plan for CIC^D^'s drug/alcohol treatment center, marked as Item 7g. Williams explained, he was asked by the director of CICADA that the city give consideration to donating property on which their drug/alcohol treatment center could be built. Williams advised him the matter would have to be brought to the council and Williams requested the matter be included as a discussion item on the May 6 council meeting agenda. When asked, Williams noted property along Marathon Road or by the Airport could be considered. He requested council review the floor plan and give some consideration of whether the city would want to participate by donating land. He noted, it did seem odd a new building would have to be built when that portion of the hospital formerly used for a similar operation, was sitting empty. CHANGES TO THE AGENDA: There were no changes to the agenda presented. Ross noted, the budget document discussed a deficit of $504,000, if all revenues were received as projected and the budget is fully expended. The projections where they believe the lapses would lie were at $110,000. However, with changes from the dip net fishing costs and decrease recently noted to be made in Municipal Assistance, he suggested council should work from a deficit of $150,000. Also, if the bluff erosion grant is received, an additional $75,000 should be added to the budget as the city's match. He added, there were no funds included in the budget in regard to the golt' ~NAI CITY COUNCIL BUDGE-~ WORK SESSION April 22, 1998 Page 1 course properties or municipal matching grants for street maintenance. Ross added, when council discusses the municipal matching grants, he will ask them to consider saving a couple years of matching grants so that there will be enough to fund projects. Also, the Inlet Woods bond payment ($200,000) could be converted to this and then there would not be anything owing to the deficit or taken from operating to do a road maintenance program. He again noted, council should start with the $150,000 deficit and know that it Could increase by another $150,000 during the year (as explained above). ITEM 1' KENAI VISITORS CENTER BUD_GET RENEW & PRESENTATION Ross noted, the KVCC budget before them is not what was originally submitted. Ross explained, since 1991, the contract for professional services was $50,000 a year. For P~/99, he is proposing the amount be increased $5,000 a year. He pointed out, miscellaneous was eliminated. The $10,000 which had been in miscellaneous over the years had been used for convention bureau promotions, etc. That amount was moved to professional services, bringing that total to $65,800. Ross continued, he was requesting this change in light of drafting a new contract (if the budget is approved by council), first reviewed by council and then by the KVCC. The new contract would remove some of ambiguities which have arisen in interpreting the current contract, i.e. including the cultural center/museum displays in the contract. Also, the convention bureau will be included and explained that it will be coordinating, managing those services, etc. Also to be included in the contract will be that minutes, annual reports and financial reporting will be required. Also, even though the KVCC does not come under the Open Meetings Act, that the meetings held in conjunction of carrying out of the contract, should be open to the public. Ross noted, the only other increase in the KVCC budget is under small tools for building display cases. The UV and humidification issue will be funded through the current year buildings' budget (if some carpeting bids come in lower than anticipated), or the FY99 budget. Kathy Tart, KVCC Executive Director- Tarr introduced officers of the KVCC board who were present and referred to the Report of the Community which was prepared by KVCC and included in the council's packets. She noted, this the first report of its kind from KVCC and it has been recommended sim_ilar reports be a regular part of their information exchange and communications with the city and the community. She noted, she supports the proposed contract changes as Ross had recommended. The board has discussed the changes and are also in agreement. Also, the minutes are already being shared with the city and their meetings are open to the public and have now begun making a place available on the agenda for "Unscheduled Persons to be Heard." KEN~ CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 2 Tarr continued, the KVCC considers their parmership with the city of the utmost importance and feel they have a very good partnership with the city and council. She noted, the Report to the Community includes a report of all their activities during 1997 and also gives a prelude of upcoming events in 1998. Tarr noted, in their projected FY98 advertising budget, the advertising funds will be used for developing a web page, advertising, and producing their first travel and trade show, etc. Tarr noted visitor inquiries have increased substantially and they have already filled 100 mailings for 1998. With the development of their intemet website, the inquiries will increase. Tarr reported they recently hired Ricki Gease as manager of exhibits and education. Tourism is one of their primary missions, however they also serve the community with cultural programs throughout the year. There has been an increase in school groups visiting the center and they have an active meetings program (2,800 people there for meetings throughout the year). There is a definite increase in use of the Center. Tarr added, there are more and more people traveling to museums and cultural attractions which puts the KVCC in a prime position for visitors. They are working hard to promote the KVCC as a stop on the Kenai Peninsula, working closely with the Sea Life Center and other facilities on the Peninsula, as well as advertising. Swarner asked what effect the non-profit groups, who do not pay user fees, have on her staff's time. Tart answered, they handle the fee concern on a case-by-case basis. Swarner asked, what the effect on the employees time and their presence and other expenditures associated with a meeting for those who are not charged. Tarr answered, they have more of a problem when the meeting is held after hours and they are handled on a case-by-case basis. The staff helps each other out in preparations and cleaning up. They replenish supplies used by those not charged from rental fees received. Swarner noted, the council had been requested to make a donation to the Peninsula Winter Games and asked what the Center's participation will be with the Games. Tarr answered, they want to help promote activities tatting place in the city. She noted, there is money in their advertising budget for community-related events. Tarr noted, they had not set aside the $2,500 the city had been requested to donate, but could discuss that for their 1999 budget. Discussion continued regarding the fiscal year of the KVCC. It was noted, the KVCC budget was based on the year ending July 1 for the 1997 budget. It was changed to ,January to December for all of 1998. It was also noted, the KVCC receives monthly payments from the city (12 payments}. They didn't project more funding from the city when their 1998 budget was prepared (December, 1997). KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 3 Councilman Bannock asked, in redrafting the contract with the KVCC, what will the amount be for funding from the city. Ross answered, the amount will be $65,000 flat fee, plus $800 for their annual audit costs. Bannock asked council to consider, looking at the line item from the perspective of where they wanted to be five to ten years from now, to cap the $50,000 and then decrease the amounts from there. Bookey stated, part of the facility belongs to the City of Kenai and there is no way the city could operate the facility with the amount of money the KVCC can. He added, he didn't want to go in that direction at all. Ross noted, as tourism has taken large cuts from the state, the KVCC has had to produce more funds to do what they have done in the past. Discussion followed regarding the changes to the contract. It was noted, the contract would be amended if council approves the KVCC budget. The budget will not change, but the new contract will come back to council for their review. Direction: KVCC budget approved at $104,750. ITEM 2: LARGE BUDGET ITEMS a. COLA Increase Finance Director Semmens noted, the budget was reflecting a two percent COLA increase based on the Anchorage CPI, increasing three percent in 1996 and 1.2% in 1997. The amount included in the budget for the salary increase is $103,000. However, PERS affects the total change in personnel services which would be less than this actual figure. Measles asked if the increase includes additional PERS, life insurance, etc. answered, yes. Semmens Direction: COLA increase was approved. be Personnel Changes Xe Library Assistant [20-hour part-time}. Ross explained, last year the Library lost a position through the discontinuation of a grant for the Wildwood project and who also worked some hours in-house. In last year's budget, he did not recommend the city pick up that position. During the course of this year, he made observations and reviewed the hours used to cover leaves, illness, etc. and is now recommending this 20-hour position be included in the budget. Library DeForest noted, this permanent person would take over some of the assignments now done by temporary part-time people. KEN~ CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 4 Direction: The Library Assistant (20-hour part-time) was approved. 2~ Library Department Assistant 1 to Library Assistant 1. Ross reported, in 1995-96 a pay classification study was done. A recommendation included in the study was that the Library Department Assistant i be considered a training position (it's one of the lowest paid positions in the city). The position was to be used for training. The same person has been in the position since then and is no longer in training. The person is performing Library Assistant I work. DeForest requested the position be raised and based on the work being performed, etc. he was recommending the change. The budget increase indicates a raise of the position from a Range 3 to a Range 6. Bannock noted, it was not council's position to decide whether a person should be promoted from one position to ano~er. Ross noted, since the position had not been budgeted for the raise in range, it required an increase in dollars. Direction: No objections. Position up~rade approved. o Finance Department Receptionist/cashier from part-time to full-time. Ross explained, this would increase a 25-hour a week receptionist position 15 additional hours to have a central person for the public to go to at city hall. This change is ba~ed on council comments, as well a~ others. In addition, some of the duties from Public Works Department, which are f'mancial in nature, would be moved to this person {dog licenses, etc.}. Also, over the next few years, there will be a turn over in the Finance Department and an effort needs to be made to train people in- house to take over other positions in the Department as they become available. Semmens added, he expects to do more and more in the area of the computer network. Robin Feima.n, who is qualified, will do some additional work of his, and another in the Department can pick up items that Robin is now doing, etc.. Swarner asked, if this position would help in increasing the number of hours city hall is available to the public (opening before 8:00 a.m. and closing after 5'00 p.m.). Ross answered, he was unaware of this interest. He added, a problem in doing that, the person on duty is not being fully utilized. He noted, there's a drop box for payments and the office is always covered during the noon hour, and open until 5:00 p.m. Swarner noted, she has heard comments that it is hard for people working out of the city to do business at the city before or after work. Ross added, if council wants him to look into this concern, he will. Councilman Smalley suggested this question could be asked in the next opinion survey done by the city. Ross noted, the survey is normally done in October/November. One was not done this year, but is planned for next year. KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 5 Williams asked if the position as it is now, receives benefits. Semmens answered, yes. Semmens noted, the range of this position is a seven. Swarner asked what the lowest position at the Library is and Semmens answered a Range 6 for the Library Assistant 2. Swarner asked if anyone at City Hall is working at lower than a Range 7. Ross answered, the seasonal engineering technician, but no full-time positions are below the Range 7. Swarner noted, the Library has full-time people at Range 6 and asked what the difference was between those duties and the finance position. Semmens answered, the current position is the equivalent of a part-time seven. This will be adding hours to that position. Ross noted, the finance position will be advertised and Semmens will be looking for someone with some financial background which may differentiate that position from the library positions to which Swarner was referring. Direction: No objections to the Finance Department part-time position to full- time. ® Public Works Department Positions. Two Public Works Manager Ross explained, a year ago the Public Works Department was restructured and was described to council in last year's budget. At that time he made no financial recommendations of what had been done. At this time, the department is under two managers- one managing utilities, harbors, streets, street-lighting and safety. The other is managing Planning & Zoning, Public Works Administration, building inspection, building maintenance and shop. This was also described to council at the time they authorized the positions. In the budget, he is presenting what has been done and recommending the two positions be funded. Direction- No objections- the two Public Works manager positions were approved. 5. Other Library -- Swamer asked DeForest if, to do Sunday hours at the Library, would additional personnel be needed. DeForest answered, if the part-time person is funded, she will not need additional personnel for Sunday hours. Personnel Officer/Assistant City Manager- Smalley stated, he believed in the next year or so, council should consider filling a personnel officer/assistant city manager position. Ross explained, he didn't ignore those positions, but felt, based on the budget, filling those positions would have added approximately $100,000 to the deficit. This year, he, Semmens, Howard, Feltman and Graves, have met and worked KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 6 on how to handle personnel concerns, who gets what training, handling procedures, handl~g grievances, etc. At this time, he believes they can make what they are doing, work, considering the budget deficit the city now has. Smalley stated, he appreciated those efforts, but believes at some time the city will have to go forward with those positions. Bookey stated, he agreed with Smalley, but encouraged council to stay with Ross' program at this time and look at it in another year. He added, he believed $100,000 could be better utilized in other existing budgets. Salary Step Schedule- Ross explained, there had been comments from council during a work session some months back in regard to the salary step schedule and how compact it is. He looked at a system of how to lengthen the schedule out. Smalley gave him information as to what the School District has done and his insights into those issues. The Department Heads reviewed his suggestion with their employees. No one agreed lengthening the schedule would be acceptable. He learned, the employees have a good sense of value of money (get advancements early in the career when needed more) and that it could be a factor for the reduced turn-over in the city which has been a positive to the city. Suggestions instead of lengthening the schedule is to increase leave for those working over 20 years or a lump sum monetary recognition. Semmens is to investigate what other municipalities and industries do. Williams added, just because someone has reached 20 years of service, does not mean their talents are not continuing to grow. At this time, monetarily, there's nothing to encourage that person to continue. Williams added, he was glad to see administration was going investigate the issue. Differential Pay Between Departments- Williams reported, he had discussed this matter with Ross previously. He was concerned that there are those in one department who have like responsibilities, but are not compensated the same. He noted, Ross told him he would investigate the matter, along with the previous issue. Williams referred to the Water/Sewer Departments, the Foreman and Operator I's are paid at Ranges 13, 12 and 12's. In the STP, the Operators III, II and I are paid at Ranges 15, 14 and 13. He noted, there may be a disparity in those positions as new sewer lines have been added, man holes, boxes, equipment, etc. He added, the water/sewer department is maybe more critical than the STP department and with as much or more responsibilities. He requested the matter be investigated. Ross explained, approximately two years ago a reclassification schedule was done by a committee of employees. This year, in preparation of the budget, he instructed department heads there would be no range changes unless it involved a promotion or functional change in the job description. He added, he spent a lot of time reviewing the classification study, the system used, gave sample job descriptions to the KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 7 committee for their review, held simulated job interviews, etc. He felt the system was very imperfect, but felt the group did a very good job of comparative work. Ross noted, the water/sewer and STP are two different systems which are classified at two different levels. Unless council wants to review the work, he felt these should be left with administration. He added, his biggest problem with the classification study is that it does not have a market-based reality, i.e. what pay levels should be. Ross continued, he has asked the salary study committee (this year or next) to take the AML studies and use them as a market reality check for like positions against the city's positions. The study then would be opened up to review these positions, as well as others he has been requested to review. Smalley stated he believed using the AML's study will be beneficial. He noted, he believed there are some discrepancies that should be reviewed in the future. Williams stated, he believed some areas need to be revisited. Smalley noted, the dock manager is paid at Range 13 and the Animal Control Officer at Range 11. He added, with changes at the Animal Shelter, perhaps the animal control officer positions should be reviewed as well. Williams noted, he requested information (included as Information 7b) which indicates the difference in overall pay to upgrade the water/sewer positions to those of the STP. W~!!iams asked Ross when he planned to have the study revisited. Ross answered, unless directed otherwise, he would wait until next budget year or the next. Ross added, the factors that were evaluated somewhat validated the system now in place. He noted, there are some spots that may need reevaluated. Wi!!~ams stated, he was concerned about some of those spots. Smalley stated he would not want to wait another two years. Measles stated he didn't think council should be making adjustments to position ranges for city manager employees. He added, if an adjustment needs to be made, the city manager should bring his recommendation to council for consideration. Smalley stated, he was not referring to grade adjustments, etc. Measles stated, council should not even be talking about it. Smalley and Williams disagreed. Bookey stated he agreed with Measles and added, he thought it's a personnel issue and should stay with the city manager. Finance Department- New computer system. Semmens explained, the request is due to the current vendor sending a letter stating the city needed to commit to an upgrade of their software or fred other software. Since then, he has done some investigating, but not requested proposals. He noted, the software now being used is not year 2000 compliant. The current vendor does not have a year 2000 compliant software, but is promising to deliver one before the end of FY98. Semmens continued, either a new system needs to be purchased or an KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 8 upgrade with the existing vendor. He added, he has not made any decision at all and had no recommendation whether to stay with the current vendor or seek another vendor. Semmens noted, the amount included in the budget is a ballpark amount. He estimates a new vendor will be in the neighborhood of a $60,000 which would include the new software and training. Also, Semmens added, there is $20,000 included at Machinery & Equipment for the actual computer on which to run the program. Semmens noted, a new computer system will be needed whether he stays with the current vendor or chooses a new one. It was noted, there was an upgrade purchased approximately five years ago for approximately $18,000. Semmens added, computer technology has changed a lot in five years and he could not guarantee another upgrade will not be needed in another five years. He noted, if he stays with the current vendor (which would not require training or conversion costs), then he would think an upgrade would be needed in five years. He added, the current vendor is not really keeping up with technology, but the computer it runs from is very technologically advanced. He noted, this will be part of the evaluation process -- whether to go with newer technology which will cost more, but maybe will last longer, but has more risks, more training, conversion issues, etc., or stay with the present vendor. Semmens added, the costs included in the budget are conservative, but a thorough review of what's available will be made and he will be diligent in matting a decision. Bookey noted, when breaking down $85,000 over five years, it's $17,000 a year for a computer program for only the Finance Department. He noted, he doesn't mind spending the money, but felt it not acceptable considering its $17,000 a year. Swarner asked if this computer system could be involved in the city hall network or would that be an additional cost. Semmens stated the AS400150 IBM computer is a machine that is capable of networking, but he was not sure how all that works. However, he is sure the system could be networked to other people in city hall to retrieve fina.nci~ data. He added, any system chosen will be network capable. Swarner noted, there were several departments that were planning to purchaSe Windows 95 upgrades and Windows 97 upgrades. She asked what the plans are for networking in city hall. Semmens answered, there is a peer-to-peer network in city hall with all stations except the city attorney, manager and clerk. With a peer-to-peer network, each computer must have its own software. In the future, there will likely be a server where software packages reside. Swarner asked how much that would cost. Semmens answered, the IBM computer is supposed to be able to handle that type of network. KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 9 Williams asked council if they were comfortable including $80,000 in the Finance Department budget to purchase the software, hardware and training for a new finance computer system. Smalley asked if the $80,000 would be for a new vendor. Semmens answered yes. Smalley asked an approximate cost to stay with the current vendor. Semmens answered, the software costs would be about $20,000 (instead of $46,000); the support and training will vary a little bit; and the hardware costs will be about the same. Williams suggested council accept the concept of a new computer system, but before purchased and the bill comes to council for consideration, Semmens will provide more information as to what was decided. Direction' No objection to the purchase of the finance computer system. BREAK TAKEN: 8:35 P.M. BACK TO ORDER: 8:50 P.M. de Animal Control- Rent and pick-up truck purchase. Ross explained, council had already decided to pay when the new shelter was built on airport lands. The rental amount is generated based on a six percent return ($43,350, based on six percent of the value of the building, construction costs and value of the land). Williams noted the budgeted amount for the truck was set at $28,000. Bookey asked if this truck will replace the current pick-up or will this be a second pick-up. Chief Moms answered, there will be two pick-ups. He added, the current truck is a 1989 Ford with 104,000 miles on it. At this time, as calls increase, the employees are using their own vehicles (for picking up supplies, making city hall/police department rounds, hauling carcasses, etc. I when the city pick-up is on a call. Moms added, he believed the current truck could be used another five years ff it is used for close-end Bookey stated he was not comfortable with the employees using their own vehicles. He was concerned whether there was anything else in the system that could be used from one department to ani_m__al control (he suggested one from STP). Ross answered, he would not recommend the STP truck being transferred as there were some problems with that truck (clutches and U-joints). Ross added, he believed the purchase is justified. Bannock asked if administration had considered piggy-back~g purchases of vehicles (new or used). Ross answered, they have in the past for police cars, but not this year. Bannock noted, the City of Homer purchased two used trucks for less than the city was going to spend on one truck. KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 10 Direction: No objections to rent and purchase of new pick-up. Street Department- Asphalt Recycler City Engineer La Shot explained the asphalt recycler now used by the city is about 18 years old and pretty well worn out. An amount of $31,500 is included in the budget to purchase a new one. If there is no recycler, local suppliers will not sell a supply of hot mix. Ross noted, the amount in the budget will cover the cost of a new recycler, however there is new technology that Komelis has been requested to investigate. When the purchase comes to council, the purchase may be for a new technology, but an amount is needed to place in the budget. Bookey stated he would like adrn_inistration to investigate a preventative maintenance for the city streets, i.e. rubberizing, overlays, etc. He added, he looked at the old machine and feels there is not much to repair, but is not sold on the purchase of this new machine. He believes the same repair could be done with a smaller machine and taking the same amount of money and purchasing a crack sealer for the rubberizing program. Ross stated he concurs with Bookey, but also knows the city will always have to have some tdnd of patch system. He added, need of a road maintenance program is on target and he plans to bring a program for council to consider which will require the accumulation of at least a couple years of capital matching grants. Direction: No objection to purchase of an asphalt recycler for the Street Department. f. Parks Department - New park and tractor purchase. Ross reported, to begin with, the budget reflected $30,000 for development of the new Hansen Park. They then identified approximately $3,500 of work that can be done in- house. They also removed $6,$00 for. an underground sprinkling system. Capital costs for this year {but can be done in a two-year phase} were set at $20,000. Swamer asked how the park would be seeded. Frates answered, they have a seeder which they have used to seed other areas in town. He added, to water the park, the water line already in existence will be stubbed out to the park. Swamer asked the cost to have the park hydro-seeded. Frates answered he had not checked into those prices as it is expensive. Swarner stated, she understood it's more expensive but was concemed about the quality of the seed. Frates also noted, an advantage of hydro-seeding in a windy area such as the bluff, is that the seed will stay in place better. Bookey estimated it would cost about $1,000 for hydro-seeding the park. KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 11 Smalley asked if the placement of a tank at the cemetery (for watering) will be an additional cost. Frates noted, the tank has already been purchased. Ross added, the tank will be placed prior to Memorial Day. In regard to the mower, Frates noted it will be used as a mower, for fertilizing, seeding, aerating and can be used to pull a rake for cleaning the beach. Frates added, the mower attachment is already on hand. Since it's a utility tractor, attachments such as backhoe, front-end loader, etc. can be added. Swamer stated she would like the new park to be hydro-seeded. Ross noted, he would look into that and added, a better product would be received if it is hydro-seeded. Direction: No objections to new park costs and the purchase of the tractor. ITEM 2: DEPARTMENT BUDGETS a. City Clerk Swarner asked if any prices were received in regard to imaging equipment presentations made recently. Freas replied, no and explained, the first presenter was asked for price information, as well as a list of users, etc. No infomation has been submitted. Freas also noted, she had not included any costs for large-scale imaging equipment in this budget as it was submitted prior to this new recent interest. Freas noted, increases in her budget would cover conversion of some microfilm__ to cd- rom (for searching purposes) as well as back files. The funds for a Laserfische upgrade could be used toward another program, if after review process, etc. it was found another program would be better. She noted, if imaging equipment is purchased in the future, she will want it to be non-proprietary, etc. Direction: No objections. Budget approved. b. Legislative It was noted by Ross and Semmens, the increase (since the original budget) in Professional Services could be due to carry-overs from the Health Nurse study and the Challenger study and that there have been no appropriations from fund balance had been made until recently. Measles noted, professional services has always been higher. Wi!l/ams noted the cost for lobbyist services was less (now at $10,000 instead of $25,000). Swarner requested $500 be added for the Library Open House. Swamer asked Graves if the Youth Court has affected his court issues. Graves answered, it does not affect traffic court issues, but would affect District Attorney criminal issues. Swamer asked if the Youth Court had some affect on Police Department issues. Chief Moms KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 12 answered, their interest involves the first-time offenders. Although the program does not alleviate any of their work load, it does assist in juvenile intake. Swarner asked ff it helps decrease the city's budget in some area or increase the budget ff it was not in place. Moms stated he couldn't answer that and that it would be difficult to know what the Youth Court's impact is to the city. Williams requested the ALPAR program be increased to $1,000 and decrease the city pin purchase $200 ($1,600). He asked ff council wanted to continue to support the Youth Court. Swamer stated, she was concerned the city is supporting the program and while there is an office in Homer, the City of Homer is not financially supporting it. Williams noted council has been requested to increase the support to the Peninsula Winter Games to $2,500. Swamer stated she believed they should contact the KVCC. It was decided to leave the amount at $300. Smalley stated he would prefer giving some support to the Food Bank as their program coverage is far greater. Bookey stated, if the program pertains hard-core to the City of Kenai, he wouldn't have a problem supporting it, i.e. Boy Scouts, KCHS Graduation Party, etc. However, from United Way on (on the list), he didn't feel it was appropriate to donate public monies to non-profits because there are people who support the organizations and those who do not. He asked council to take a hard look at all the donations because he was not comfortable donating to the Food Bank (although he believes in the program), etc. He added, he believes the support for these programs should come from the private sector. Bookey noted, he did not want to support any of the programs (from United Way on). Bannock requested council to consider including funding to hold a scaled-down version of the Economic Summit as there was a lot of positive spin-off from the Summit. He added, he would like this to be an annual program. Discussion followed regarding the amount of costs to the city for the Summit. It was noted, there was a state grant involved, as well as funding from the First National Bank of Alaska. Williams stated, he believed it would be a good idea to have a follow-up Summit, but it would need to be contracted out as staff did not have time to commit to its preparation and coordination. Council did not object to doing a follow-up Summit. It was decided $10,000 could be taken from the $30,000 in Miscellaneous 'Other~ for this purpose and placed in Professional Services. Bannock noted he had many of the same concerns as Bookey did in regard to donations to non-profits. He noted, he was not in opposition to employee donations to United Way, but.did not feel council should be donating taxpayer funds to the program. He felt it is like an unfair tax to the taxpayers and doesn't feel council has KEN~ CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 13 the right to mandate the taxpayers to pay it. He noted the donation requests were all well-deserving programs, but he did not feel the council should be donating taxpayer funds to them. Williams suggested the United Way match could be designated as to where its donation goes. Bannock disagreed and added, that would be the same thing, although it would insure where the funds would go. Williams noted, it was requested to increase the city's match to United Way to $5,000. Bannock disagreed. Smalley stated, using that argument, he suggested council only support the Christmas cards, city pins, CIP brochures, Library Open House and delete everything else. He added, there are people in the community who don't care about the Alternative School, KCHS graduation party, Boy Scouts, River Festival, etc. Williams noted, when council supports programs like these, it is supporting large contingencies in the community. He added, one of the things that keeps the city running smoothly is because the council supports the community as it supports the city. He noted, he would not want to cut any of the programs because of those reasons. Bannock stated he believed the donations have a snowball effect and there is a world of difference between a $300 donation to up to $5,000. Bookey stated he agreed, and because of the escalation, at some point council will have to be hard core and stop. He noted, the Legislative Miscellaneous was set at $48,525 which is almost 1/3 of the city's deficit. He added, he totally supports all the non-profit programs from the private sector, but doesn't believe the tax dollars should be spent on them. Williams went down the list of donations and asked council whether to increase, decrease or remove: Kenai Alternative School KCHS Graduation Party Boy Scouts - Flags ALPAR Litter Control Kenai River Festival Industry Counts Picnic KCHS Hockey Booster Ad KCHS Basketball Booster Ad Peninsula Winter Games United Way Match Christmas Cards City Pins $300 (no objection) $300 (no objection) $300 (no objection) $1,000 (increased from $800, no objection) $300 (Bookey objected/no further objections/stays in) $500 (no objection) $200 (no objection) $200 (no objection) $300 (no objection) $2,000 (Bannock/Bookey objected, stays in) $225 (no objection) $1,600 (no objection, decreased from $1,800) KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 14 Employee Appreciation Dinner Presentation Gifts Youth Court Support Capital Improvement Brochures Library Open House Other* $5,000 (no objection) $500 (no objection) $5,000 (Bannock/Bookey suggested $500, stays at $5,000) $300 (no objections) $500 (no objections) $20,000 (moved $10,000 to professional services; $500 goes to Library Open House) *Williams referred to the letter included in the packet from Nottingham, Petratrovich & Drage regarding bluff stabilization. The letter discussed $5,000 to give some additional data, including availability of sheet piling, design for placement and aerial photos, etc. He noted, those are types of things that council should have some backup funds in their budget to cover if it comes up. Direction: Add $500 for Library OPen House; increase ALPAR Litter Control to $1,000; decrease city pins by $200; leave Peninsula Winter Games at $300; take $10,000 from Miscellaneous "Other" and place in Professional Services for Economic Summit II; move $500 from Miscellaneous "Other" to Library Open House. Smalley asked if the "Other" also had to cover travel costs for AML Board of Directors from the city. Freas answered, they are included in the Legislative travel budget. ADJOURNMENT: The work session ended at approximately 9:55 p.m. Notes transcribed and prepared by: Carol L. Freas, City Clerk KENAI CITY COUNCIL BUDGET WORK SESSION April 22, 1998 Page 15 IJJ uJ Z ::Z: LLI Z LU LU I-- Z LU -~ "'i 0 0 n Zn~ 0 ILl LU ILl 0 0 Z o ILl r~ Z I,U Z crj iJJ c~ crj Z ILl IiLI 0 0 z 0 z w~ n 0 o c~ o o ILl W I-- Z UJ n~ I-- 0 r~ W C~ 0 5 o o uJ z LLI I-- Z Z r~ T' I-- 0 W o o uJ ILl 0 z I- 0 ~) I- z 0 0 uJ z z w I- Z z w I-- LLI W I-- W C~ C~ 0 U.l u.I <~ z w :30 OW o~.~ -r- ~ u.I d Suggested by: City of Kenai ORDINANCE NO. 1780-98 Senior Center Dir AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,156 IN THE SENIOR EMPLOYMENT TITLE V FUND. WHEREAS, the State of Alaska, Division of Senior Services, has increased the Senior Community Service Employment Program Grant; and WHEREAS, the grant increase will be used to expand the senior outreach program, provide additional kitchen assistance and expand the transportation program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Senior Employment Fund Increase Estimated Revenues' State Grant $1,156 Increase Appropriations: Salaries $1,051 Medicare 15 Social Security 65 ESC 5 Workers Comp. 20 $1,156 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of May, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (4/20/98) kl Introduced: Adopted: Effective' May 6, 1998 May 20, 1998 May 20, 1998 Suggested by: Administrat City of Kenai ORDINANCE NO. 1781-9 8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE TABLES REFERRED TO IN THE PERSONNEL REGULATIONS (TITLE 23) TO EST~LISH A NEW SALARY STRUCTURE BY GRADE AND NEW HOURLY RATES FOR PART-TIME EMPLOYEES. WHEREAS, the Personnel Ordinance, KMC 23.55.020(a) and 23.55.050, specifies that the tables establishing salary structure by grade and hourly rates for part-time employees may be replaced by ordinance; and WHEREAS, due to inflation occurring over the last two years and other considerations, it appears equitable that the salary structure by grade be increased by 2%, and that the hourly rates for part-time employees (excluding job training classes) be increased by 2%. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the attached tables identified as "Salary Structure by Grade" and "Part-Time Hourly Rates" replace those corresponding tables that presently appear in the Personnel Ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20t~ day of May, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (4/7/98) ld Introduced: Adopted: Effective' May 6, 1998 May 20, 1998 July 1, 1998 CiTY OF KENAI FISCAL YEAR 1999 SALARY STRUCTURE Range/Step A 1 15,400 2 18,194 3 25,48O 4 26,754 5 28,093 6 29,499 7 30,980 8 32,542 9 34,156 10 35,854 11 37,643 12 39,542 13 41,493 14 43,595 15 45,776 16 48,042 17 50,452 18 52,975 19 55,610 20 58,416 21 61,340 22 64,369 23 67,597 24 71,069 B C D E F AA BB CC PT-1 6.49 PT-2 6.95 PT-3 7.38 PT-4 7.86 PT-5 8.28 PT-6 8.76 PT-7 9.20 PT-8 10.75 PT-9 12.17 JT-4 5.97 Part Time Hourly Rates 15,785 16,169 16,554 16,938 17,323 17,707 18,092 18,476 18,649 19,104 19,559 20,013 20,468 20,923 21,378 21,833 26,116 26,753 27,389 28,026 28,662. 29,298 29,935 30,571 27,423 28,092 28,761 29,430 30,099 30,768 31,437 32,107 28,796 29,498 30,201 30,904 31,607 32,310 33,012 33,715 30,237 30,974 31,712 32,449 33,187 33,924 34,662 35,399 31,755 32,529 33,303 34,077 34,851 35,626 36,400 37,174 33,356 34,170 34,984 35,798 36,612 37,426 38,240 39,054 35,009 35,863 36,717 37,571 38,424 39,278 40,132 40,986 36,751 37,647 38,544 39,440 40,337 41,234 42,130 43,027 38,585 39,526 40,467 41,409 42,350 43,292 44,233 45,175 40,531 41,519 42,507 43,496 44,484 45,473 46,461 47,449 42,530 43,567 44,605 45,642 46,679 47,717 48,754 49,791 44,685 45,776 46,866 47,956 49,047 50,137 51,227 52,318 46,920 48,064 49,209 50,353 51,498 52,642 53,787 54,931 49,243 50,443 51,644 52,844 54,045 55,245 56,446 57,646 51.,714 52,976 54,237 55,499 56,761 58,023 59,284 60,546 54,299 55,623 56,947 58,271 59,595 60,918 62,242 63,566 57,001 58,391 59,781 61,171 62,562 63,952 65,342 66,732 59,877 61,338 62,798 64,259 65,720 67,180 68,641 70,102 62,873 64,406 65,939 67,472 69,005 70,538 72,071 73,604 65,979 67,588 69,198 70,807 72,417 74,027 75,636 77,246 69,288 70,978 72,668 74,358 76,048 77,738 79,428 81,119 72,845 74,622 76,399 78,176 79,953 81,730 83,506 85,283 Suggested by: Administration City of Kenai ORDINANCE NO. 1782-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $600,000 OF GRANT FUNDS FOR '98 WATER SYSTEM IMPROVEMENTS. WHEREAS, the City received a $300,000 Federal pass through grant under the Alaska Drinking Water Fund Program; and WHEREAS, the matching funds for this grant are previously received State grants for water system improvements; and WHEREAS, the money will be used to make improvements to well houses, pump house, control systems, water line loops and other water system improvements; and WHEREAS, a capital project fund rifled '98 Water System Improvements'will be used to account for the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: '98 Water System Improvements Capital Project Fund Increase Estimated Revenues: Federal Grant State Grant $300,000 300,000 $600,000 Increase Appropriations: Administration Engineering Construction $ 2,000 187,000 411,000 $600,000 Ordinance No. 1782~98 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20t~ day of May, 1998. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (5/~/~$) k~ Introduced: Adopted: Effective: May 6, 1998 May 20, 1998 May 20, 1998 CiTY OF KEN/ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum Date: To: From: April 9, 1998 Mayor and Council Richard A. Ross, City Manager Challenger The present relationship between the City of Kenai (City) and the Alaska Challenger Center for Space and Science Technology (Challenger) was based on City ownership of the facility. City ownership of the facility was proposed because the City provided the initial impetus for the project, agreed to provide the land for the project, agreed to act as recipient of construction funds and provide construction management, and agreed to provide operational and maintenance support. It was also believed that federal grant funding required ownership by the City. NASA has advised Challenger that the facility can be owned by Challenger and still receive grant funding. The City would still act as pass through and provide financial accountability, provide construction management, provide the land, and other agreed upon services approved by Council if the facility was Challenger owned. Challenger ownership of the facility is an alternative that should be considered. Under this scenario, the City would no longer be the owner of the facility with Challenger acting as tenant and manager of the City's facility. Challenger would be the owner of the facility and be totally responsible for its programs and operation. The advantage to Challenger is one of total autonomy in its programming and operations. The Council might still review Challenger's activities based on the City's provision of maintenance and other support to the facility. The disadvantage could be a perception that Challenger is not a City function and future Mayor and Council April 9, 1998 Page 2 Councils under budgetary pressures might feel less obligation to the program. Since future Councils cannot be contractually bound in fiscal matters, this may not be an issue. If Challenger owned the facility the City could protect its property interest through a reversionary clause on the deed that the property and all facilities reverted to the City of Kenai if no longer used for a Challenger program. The City could further protect its interests by placing a restriction on the deed prohibiting mortgaging of the property without City Council approval for a set term. Since the national Challenger organization has ultimate control over the equipment and program, the approach outlined gives the City the most direct and best protection for its investment. This approach would give Challenger a major incentive to maintain its program in Kenai while having autonomy in its operations. As Challenger would be the owner and operator of the facility, and not the contractor of a City facility, the Challenger Board and not the Council would be called upon to address citizen concerns about the facility and its operations. Cc' Bill Popp, Project Coordinator RAR/kh TO' FROM' DATE: RE' CITY OF KEI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM Mayor and Council Members Carol L. Freas, City C~lerk City of Kenai ~~ May 1, 1998 APPEAL OF PLANNING & ZONING COMMISSION ACTION Denial of Variance for Off-Premise Sign/Tract A-2, Evergreen Tract A Re-subdivision- Jerry Stock~ Appellant The attached letter of appeal of the Planning & Zoning Commission's actions on their Resolution No. PZ98-11 is attached. The letter was originally faxed to me on April 17, however it was not signed. Mr. Stock came into City Hall on April 20, 1998 and signed the letter. Attorney Graves has stated the 30-day period in which to schedule the Board of Adjustment hearing should start from Monday, April 20, 1998. 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 falls on Wednesday, May 20, 1998. The only regular council meeting in May that falls within the 30-day period is that of May 20. Certified notices must go to property owners within 300 feet "at least ten (10) days prior to the hearing." clf April 16, 1998' Carol Freas, City Clerk City of Kenai Dear Ms. Freas, We would like to request an appeal on the Planning & Zoning Commission's action PZ98-11 on April 8, 1998 denying our off premise sign request. ('~,~Sincerely, t ,/Newcastle Builders ~ 1614 Fourth Ave. Kenai, AK 99611 (907) 283-3233 ~5/~1/98 10: 3~ MM/CSSA-HLN -~ 90? 283 301~ _MORR_I ON,1VIAIF_ ?RLE, _INC. Engineers-Planners-Surveyors P.O. Box 6147, 910 Helena Avenue Helena, MT 59604-6147 Phon~ (406) 442-3050 Fax (406) 442-7862 FAX TRANSMISSION Date: Ma~v !. 1998 Time: 11'1,9 AM P~oj. No.' 29~0.001.03~$0-0113 Paoe I of 6 P_apes TO: JACK LASHOT FROM: TIM ORTHMEYER RE: Change Order No. 4 907-283-3014 RECEIVED :.i ,',v 11998 CITY OF PUBLIC WORKS DEPARTMENT Attached is a COPY of Change Order No. 4 to include with the City Council Information. L'Tim Orthmeyer CC; KF, IqA I/Ot30j Ir.k · P.~Ot 05/01/98 10: 34 MM/CSSA-HLN -~ 90? 283 3014 NO. G59 CHANGE ORDER No. FOUR Training Center i · DATE OF'~U~CE: ~y 1,199~ ..... OWNER: City of Kenai 210 Fidalgo Kenai, Alas~ 99611 OWNER'S Project No, ~ 3-02-014. 2-2397-2 ENGINEER's Project No. 2950.)01.03-050-0 I,.l 3 CONTRACTOR: Alcan General, Inc. 6511 Arctic Spur Rd Anchorage, Alaska 99509 F~GINEKR: Morrison-Maierle, Inc. P.O. Box 6147 Helena, MT 59604 C0 ._NTIS.. ~ FOR: ,Site & T_,raining Buildin~ Development for th~ Alaska Regional Fire rrainin. Center. __ I_ll I~ ..... II ~=' '-'~ ___ You are directed to make the following changes in the Contract Documents. Description: 1. Revise items as defined on the following attachments. Pnrpose of Change Order: Revise Project documents to adjust for revisions due to changes in the proj~c Attachments: Justification Cos~ breakdo~ CH,~GE IN CONTRACT PRICE: Origin__ ¢ont~t Pric~ $ . 7,7~,915.,.47 . . _ _ Previous Change Orders $, 67~946,$~ CHANGE IN CONTRACT TIME: ConUaet Tim~ Net from proviom Change Orders Contract Prico Prior to this Change Order $ 7,S~SS, S62.00 , Net In=case (cteo~z~) of this Change Order $__ ..~5.64_3,00 ...... Conu-act Time Prior To This Change Order Octuber 31, !99,8 d Net hu;reasc (docreasc) of this Change Order Contract Price with aL1 approved Change Orders Contra~ Time with nil approved Change Orders RECOIVlbtENDED: BY: APPROVED: BY: FAA APPROVED: BY: APPROVED: BY: O:W~{NAI~ITEV3ONS~. V~D. ....... _1~:01 MM/CSSA-HLN ~ 90? 28~ ~014 NO. G44 JUSTIFICATION FOR CHANGE ORD~ NUMBER FOUR lo m m SLAB INSULA~ON. During tho design phase of the project, the snow melt system design team rccommcncWd the installation of insulation under the slab. However, due to concerns about cost, slab movement and compression of thc insulation, it was not incorporated in the original de. aign pacing,. However, d~ing th, con~tm~fion pha~ of the proj~t, the snow melt design team again strongly recommended the instalhtion of the insulation. After review with local team ~bem, who l~v~ had experience with im~on of im~on und~ concrete slabs, ~d ~vi~w with th~ ¢ontra~or, tt~ prol~r ~lafion pro~e~m'~ ~d dab q~dity ~ould b~ m~tain, d, w~ r~mm~nd that th, import b~ ~l~d ~ propo~d. Th~ infO.on will pmvi~ a th~al barrier agmt th, fr,~zin$ t~n~ratm'~ that may d~v¢lop if tl~ ~lab i~ not ~ for an ~x~ded p~fiod oftim~ dining wirier moml~. Al~o during ~ntinuou~ ~ad normal op,ration~, th, ~n~rgy ~avin$~ ~ali~--d by imffiling tl~ thcm~ barrio, will offo~t th~ oo~ of th, im~fion eom in a relatively ~hort p~riod of tim,. Th~ immlation will al~o offer ~ qui¢lmr r~on~ tim~ to aohi~w operating t~ml~rann'¢~. Th~ insulation will 1~ imt~lcd undnr all ,x~rior concrete ~lab~. Thc C i~ mqu~m FAA participation in ~ item. KEVISE SCHED~ 1]I- SITE UTE,rITES AS FOLLOWS: $43,803.00 CAST PLAQUE. Cost to provide bronze commemorative plaque per City of Kenai request. Change Order No. Three had a credit for the plaque that was originally proposed. The City requests FAA pm, tici~fion in ~ item. REVISE SCHEDULE IX- TRAllxrING BUILD~G AS FOLLOWS' . INCREASE AMOUNT = $1,424.00 HOSE BIB IN APPARATUS BAY. Cost to add two hos~ bibs with hot/cold mixing valves to apparatus area for truck and floor maintenance. Th~ connection is n~eded to clean floor and equipment and was not included in th~ original bid docummm. The City requests FAA participation in this irma. .RE~SE SCHEDULE IX- TRAINING BUILDING AS FOLLOWS: $1,931.00 STAINLESS STEEL ENCLOSURE, Cost to provide cuclosure, indicator Ugbts and labeling for ~ with prop controls in prop comrol room. The rcvis~ enclosure will provide a latin, more secure enclosure, more compatible with the control mom. The City requests FAA participation in this item. REVISE SCHEDULE IX - TRAINING BUH~ING AS FOLLOWS: INCREASE AMOUNT = $927.00 14:01 FIM/C~H-HLN e ~07 ~,~ ~0~.4 NO. G44 DI24 . GWB AT STAIR NO. 2. Cost to provide gyp~ wall board and paint to bottom of exposed steel stair fram/ns in Stair No. 2. This was not included in original documents, and will provide a more finished appcarauc¢. The City requests FAA participation in this item. RE~SE SCttEDULE IX - TRAINING BUILD~G AS FOLLOWS: IN--SE AMOUNT = $925.00 e OPERABLE WALL COVERING. Cost to provide m~_WhlnE fabfio at operable panifion to be same as wall pan~ls in ~lassrooms. Standard colors for operable wall fabric did not include mare'/al to maw~ adjaccm wall paneh. Additional cost will provide continuity of wall sm-hccs. The City requests FAA part/cipation in this item. RE~SE SCHEDULE IX- IllAINING BUILDING AS FOLLOWS: IN--SE AMOUNT = $$00.00 Q OVERHEAD DOOR LIGHTS. Cost to ada six lights(widows) in overhead doors providing additional natural light to apparatus axra. Three lights per door will be installed, to increase natural light in apparatus bay area. 'l'hz additional windows will provide long tam ener8~ savings by not requiring interior lights during daylight hours. The City requests FAA participation in this item. I~VISE SCHED~E IX- TRAINING BUILDING AS FOLLOWS: $630.00 DELETION OF CORIAN BASE AT RECEPTION. Credit for deleting codan bas~ at the rec~X/on counter and inst_~!!in~a Itlbb~ ba,~ i11 this location., which is consistent with other adjacent am~ The City rcqucsts FAA participation in this item. REVISE SCHEDULE IX- TRAINING BUH. I)ING AS FOLLOWS: . ($200.00) e CHANGE IN GAUGE OF ROOF COPING FLAS~G. Credit for providing 24 Fa. coping flashing in lieu of 22 ga. flaahi~ to match siding materinl. The 22 ga. ma~al is not availablc to match tim siding specified and installed, The City requests FAA participation in this item. I~VISE SCHED~ lX- TRAINING BUK,DING AS FOLLOWS: CREDIT AMOUNT = ($250.00) 14: 02 MffVC$SR-HLN -~ 90? 283 ~014 NO. 644 10. Il. DELETION OF SOAP DISPENSER. Crcdi~ for delctin~ soap di~~rs to allow for use of City smnd=d dispeusers. Th~ City requests FAA participation in this item. REVISE scHEDI. E-E IX- TRAINING BUILD~G AS FOLLOWS' CREDIT AMOUNT = ($15o.oo) INTERIOR SIGNAGE CHANGES. Credit for deleting interior room signagc at EOC area of buildin{ per request of City. Th~ City r~qu~sts FAA participation in this item. RBVISE SCttEDUL~ IX- TRAINING BUILDING AS FOLLOWS: ($2,600.00) 12. 13. 14. DELETION OF DOOR 201. Credit for dclctin~ door 201 du~ to dim~on restrictions. Elimination of tl~ door will allow bett~r circulation in the coxridor. Tho City requests FAA participation in this item. P~VISE SCHEDIH~ IX - TRAINING BUILDING AS FOLLOWS' ($888.00) FIBERGLASS SHOWERS. Credit for ~l~tin$ fiberglass show, rs at non-handicap ~ and providil~ c6r~_.mic showers at th~sc locafi~ The City requests FAA participation in this item. REVISE SCHEDULE IX- TRAININO BIJE~ING AS FOLLOWS: ($1,727.00) FIRE DAMPER IN M~~k~qE. The fire damper is rcq~d at the make up air duct, on the pene~afion of the apparatus area, wall to m~t fire code. The City requests FAA participation in this itmn. RE~SE SCHEDULE IX- TRAINING BUILDING AS FOLLOWS: IN--SE AMOUNT = $1,318.00 ALASKA REGIONAL FIRE TRAINING CENTER MORRISON-MAIERLE, INC. Site Development for the Stru~rat Fire Trainer April 30, 1998 City of Kenai, Kenai, Alaska Change Order No. Four - Summary of Cost Unit Price Amount CO4-1 1. L.S. Slab Insulation $43,803.00 CO-4-2 1: L.S. Cast Plaque $1,424.00 CO4-3 I LS. Ho~e Bib in Apparatus Bay $1,931.00 C04-4 I LS. Stainless Steel Enctosure $627.00 CO~t-5 1 LS. GWB~Stair No.2 $925.00 CO-4-6 I ES. Operable Wall Covering CO-4-7 1 LS. Overhead Door Lites $630.00 CO-4-8 I LS. Deletion of Corian Base at Reception ($200.00) CO-4-9 I LS. Change in gauge of roof coping flashin ($250.00) CO-4-10 1 LS. Deletion of Soap Dispenser ($150.00) CO-4-11 1 L.S. Interior Signage Changes ($2,600.00) CO-4-12 1 L.S. Deletion of Door 201 (3~88.00) CO-4-13 1 L.S. Fiberglass Showers ($1,727.00) CO-4-14 1 L.S. Fire Damper at Mezzanine $1,318.00 $43,803.0O $1,424.00 $1,931.00 $927.00 $025.00 $600.00 $630.00 ($200.O0) ($2S0.00) ($~so.oo) ($2,S00.00) (see8.oo) ($1,727.00) $1,318.00 NO. 644 g:~enai~site~zmst~t ~ry R. Graves 'City Attorney CITY OF KENAI 210 F'a:lalgo Avenue S~te 20O Kenai, Alaska 99611-7794 (907) 283-3441 FAX (907) 283-3014 SPECIAL USE PERMIT DATE' The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below, hereby grants to: Snug Harbor Seafoods Attn' Paul Dale Box 701 Kenai, AK 99611 hereinafter sometimes referred to as the PERMITTEE, the right to occupy a portion of the southeast section of the boating facility parking lot, approximately 120' x 240', as designated by the City Manager on the attached diagram, for the purpose of boat storage. 1. Term' This Special Use Permit shall commence on the l't day of July, 1998, and shall extend to and through the 30t" day of June 1999. The permit period may be extended by mutual consent of both parties. 2. Permit Fees' The Permittee, prior to the exercise of any privilege granted pursuant to this permit, shall pay a foe of $400.00 per month, plus applicable sales tax, in full payment for the use or privilege specified herein. Rent from July 1, 1998 through June 30, 1999 is payable at the time of execution of this contract. 3. Right of Entry: Entry and occupancy is authorized as of the lS* day of July 1998. 4. Place and Time of Payments' All payments shall be made on or before the date due to the City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, AK 99611-7794. 5. Use' The use by the Permittee of the premises described above is limited to the purposes specified heroin and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. Permittee is not allowed to store bulk fuel on the promises. Permittee will not allow individuals to live on the premises. SPECIAL USE PERMIT - PAGE I OF 3 Cary R. Graves City Attorney CITY OF KENAI 210 Rdalgo Avenue Suite 200 KenaJ, Alaska 99611-7794 (907) 283-3441 FAX (907) 283-3014 . Insurance: Permittee agrees to save the City harmless from ali actions, suits, liabilities or damages resulting from or arising out of any acts of commission or omission by the Permittee, his agents, employees, customers, invitees, or arising from or out of the Permittee's occupation, or use of the. premises demised, or privileges granted, and to pay all costs connected therewith, in this connection, the Permittee agrees to arrange and pay for all the following' (a) Comprehensive general liability insurance protecting both the City and/or its agents and the Permittee, such insurance to be evidenced by a certificate of insurance showing the insurance in force. Said comprehensive general liability insurance shall be in the form of policy commonly known as a level limit policy combining bodily injury and property and in an amount not loss than $500,000. (b) Insurance contracts providing liability insurance shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. 7. Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirement herein contained, or reforred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 8. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such Property may be redeemed by the owner thereof only upon the payment to tho City of tho costs of removal plus storage char~os of $25.00 per day. g. Cancellation' City reserves the right to cancel this permit or to reassign Permittee to a different location on 90 days written notice, either delivered in person to the authorized representative named herein or his replacement or by mail to the address set out above. Any or all personal property shall be removed at users expense upon cancellation or termination of this agreement. DATED this day of ,1998. SPECIAL USE PERMIT - PAGE 2 OF 3 'ary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Avenue Suite 200 Kenai, Alaska 99611-7794 (907) 2a3-a44~ FAX (907) 283-3014 CITY OF KENAI' By: Richard A. Ross City Manager PERMITTEE' SNUG HARBOR SEAFOODS Name STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of ,1998, RICHARD A. ROSS, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared bofom me and acknowlodgod th~ voluntary and authorized exo¢ution of tho fomgoin~ instrument on behalf of said City. Notary Public for Alaska My Commission Expires' STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of ,1998, , , Title, of SNUG HARBOR SEAFOODS, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. SPECIAL USE PERMIT - PAGE 3 OF 3 Notary Public for Alaska My Commission Expires: United States Department of the Interior BUREAU OF LAND MANAGEMENT ANCHORAGE DISTRICT OFFICE 6881 Abbott Loop Road ANCHORAGE, ALASKA 99507 '--RECEIVS~ APE 2 9 1998 cITY OF KENAI · PUBLIC WORKS DEPARTMENT A-032678 (2740) (04].) kjc City of Kenai 210 Fidalgo Ave., Suite 200 Kenai, Alaska 99611-73794 DECISION APR 24 1998 Recreation and Public Purposes A-032678 Approval for a Special Use Permit to Snug Harbor Seafoods On June 27, 1962, the City of Kenai was issued Patent Number 1227495 pursuant to the Recreation and Public Purposes Act of June 14, 1926, as amended, for the following described lands: Seward Meridian, Alaska T. 5 N., R. 11 W., Sec. 9, Lot 3 Containing ! 1.21 acres. The patent was issued "...for a small boat landing facility purposes only..." and has a reverter clause which prohibits the land being used for any other purpose without the consent of the Secretary of Interior. On April 22, 1998, the City of Kenai requested permission to issue a Special Use Permit to Snug Harbor Seafoods for the right to occupy a portion of the southeast section of the boating facility parking lot for boat storage. The area is approximately 120' x 240' and has been fenced for security purposes. The term of the lease would begin about July 1, 1998 to June 30, 1999. The patented lands and facilities are being maintained by the patentee, the permittee is an organization.whose goals and purposes are to serve the public. Approval for the City of Kenai to enter into a Special Use Permit with Snug Harbor Seafoods is hereby given. seph A. Dygas roup Manager, rgy and Minerals April 22, 1998 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ United States Department of the Interior Bureau of Land Management Attn: Karen J. Collie, Realty Specialist 6881 Abbott Loop Road Anchorage, AK 99507-2599 Patent A-032678 - City Dock Last June the Department of the Interior made a decision to give the City of Kenai permission to issue a Special Use Permit to Snug Harbor Seafoods for the right to occupy a portion of the southeast section of the boating facility park/ng lot for boat storage. The term of the Special Use Permit will end June 30, 1998. Snug Harbor Seafoods has requested to renew the permit for an additional year. The Kenai Harbor Commission recommended renewing the agreement for one year and increasing the fee from $250.00 to $400.00 per month. Revenues will be deposited into the Boating Facility Fund. Snug Harbor Seafoods had no objection to the increase. Enclosed is a copy of the agreement that will be scheduled for approval at the May 6 City Council meeting. The City Administration recommends revising the agreement to add the following statements to covenant No. 5: "Permittee is not allowed to store bulk fuel on the premises. Permittee will not allow individuals to live on the premises." Please let us know if your agency has any objections to renewing this Special Use Permit. Thank you for your attention in this matter. Sincerely, CITY OF KENAI Kim Howard Administrative Assistant Cc: Keith Komelis, Public Works Director Enclosure KH I._KENA~ CITY CLS.T'-~ ' · , Dear Mayor Williams, April 7, 1998 Thank you for taking the time to have dinner with me during my last visit to Juneau. I appreciate the time and effort that you having given to the Regulatory Training for State. Your support and assistance has been tremendous! Thank you, David C Burnett, Director Pacific Rim Institute of Safety and Management ,. ,,-o,,,- yo,, y;,* ,,,,, Dear Mayor Williams, I just wanted to drop you a note to thank you for dinner at the "Fiddle Head." I'm sorry Senator Ward was not able to attend personally, but I was honored to be there in his place. The food was superb and the company was even better. Again, thank you for including me in your dinner group. It was an enjoyable evening. AmSi y~A,~a,ncerel,y' ~ Aide to Senator Jerry Ward April 1, 1998 Mr. Richard A. Ross, City Manager City of Kenai 210 Fidalgo, Suite//200 Kenai, AK 99611 Re: ALPAR Litter Crew Program P.O. Box 2221 Kenai? Alaska 99611 (907) 283-2682 (907) 283-8190 Fax Dear Mr. Ross; The Boys and Girls Club of the Kenai Peninsula will once again be sponsoring the ALPAR Litter Crew Program. This program allows us to hire five to ten 14-16 year old youth to work a roadside clean up crew. Last year in additon to cleaning 200 miles of roadway throughout the peninsula, our crew helped with the cleanup of the Kenai beaches after dipnetting, cleaned up major parks, and cleaned access to points to the river. The crew is supported by grant funds from Alaskans for Litter Prevention and Recycling (ALPAR). ALPAR requests that local areas match their grants to make the cleanup effort more successful. Not only do local matching contributions show local pride, but they also shows a sense of responsibility. To enable this program to begin earlier, continue longer into the summer, and cover more area, we are approaching various organizations for donations. We respectfully ask that you consider a donation to this worthwhile program. We are prepared to hire two litter crews this year (2 adult supervisors and 10 youth crewmembers). We ask that you consider a commitment of $500 dollars for the ALPAR Litter Patrol Crews. We are grateful to the City of Kenai for your long-standing support of this important program which is a positive mechanism for youth employment and teaches young people personal responsibility. We also see the ALPAR crew as a favorable economic development tool since businesses and visitors are more likely to locate in and enjoy a community that cares about its appearance. Your favorable consideration of this request will keep the Central Peninsula area attractive and will enable us to provide a positive opportunity for kids. Thank you again for your commitment to the ALPAR program and to youth on the Peninsula. Please do not hesitate to contact me (907) 283- 2682 if you have any questions about this request. Exe~b~ Director A United Way Agency CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM To: Kenai City Council From: ~'f~ Cary R. Graves, City Attorney Date: May 1, 1998 RE: Land Sales Trust Account A question came up during the budget meeting of April 29, 1998 about whether money in the land sales trust account could be spent to purchase land. The land sales account was established in Section 5-11 of the Kenai City Charter. That section states in part, 'Wlonies in this account shall be invested and may not be spen[ or appropriated for .any purpose. Revenues earned on monies in this account may be used for any lawftd purpose" (emphasis added). It is clear under that language that the corpus of the fund may not be spent for any purpose. That would include the purchase of land. If you have any questions, please let me know. CRG/sp Rick Ross Larry Semmens CITY OF KEN ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM To: From: Through: Date: Subject: City Council Larry Semmens, Finance Director Rick Ross, City Manager ~ April 15, 1998 Quarterly Investment Report At March 31, 1998 the City investment portfolio is $33,644,374.36 at cost and the current rate of return is 5.91%. This compares favorably with the budgeted rate of return which was 5.8%. During the quarter rates have stayed in a relatively narrow range with the 2 year treasury falling between 5.30 and 5.60%. Rates are currently near the upper end of that range, but are still well below the yield on the portfolio. This means that our yield will likely trend downward as securities mature and new investments are made. Inflation~ is very Iow at this time which tends to moderate volatility in the market. Overall, the bond market is steady and is expected to stay that way in the next quarter. A simple strategy of investing available cash when rates are at the high end of this range will be followed. The make up of the portfolio at March 31, 1998 is: US Treasury Securities US Agency Securities ^ML Investment Pool Repurchase Agreements $ ' 8,418,611.24 $ 22,696,262.68 $~ 2,216,511.35 $ 312,989.09 Since the end of the last quarter, I have reduced the repurchase agreement segment and increased the AML Investment Pool to take advantage of better rates in the Pool. Agency securities make up a larger part of the total and Treasuries less than at the end of the year. Rat~s are generally better with agency securities, which is why there are more of them in the portfolio. A copy of the portfolio is attached. Please feel free to contact me with any questions or comments about the Ciht's investments. CITY OF KENAI CITY OF KENAI INVESTMENTS 3/31/98 SECURITY FHLB NOTE FHLB NOTE TREASURY NOTE FHLB FHLB FNMA FHLB TREASURY NOTE TREASURY NOTE FNMA TREASURY NOTE FNMA FHLB FHLB FHLB FHLB FICO FHLB FNMA SLMA FNMA SLMA FHLMC FHLMC pool FHLB FNMA FHLMC Book Value at 6130197 or AMOUNT INVESTED 993,542.58 496,514.85 997,638.17 993,706.08 583,902.86 1,009,843.75 877,514.45 2,423,273.31 2,003,569.71 1,198,125.00 2,994,130.05 1,001,875.00 964,252.00 495,765.00 1,001,912.70 495,250.0O 973,186.68 1,095,101.35 1,000,000.00 1,000,000.00 1 ,O00,580.00 1,000,625.00 1,000,700.00 1,519,266.13 998,906.25 998,125.00 1,997,568.00 EFFECT. Market Value RATE 1,000,000.00 5.83 500,000.00 6.00 1,000,625.00 6.18 999,690.00 6.00 592,200.00 5.95 1,004,100.00 5.81 887,850.00 5.80 2,432,566.00 6.42 2,006,240.00 5.89 1,197,750.00 5.61 3,009,360.00 6.47 1,002,400.00 5.81 980,500.00 6.16 496,700.00 5.72 1,013,261.00 6.51 495,500.00 5.70 974,089.00 5.71 1,091,445.00 5.51 998,200.00 6.04 1,000,600.00 6.00 1,000,500.00 5.70 999,300.00 5.56 997,030.00 5.65 1,518,564.00 5.81 997,656.00 5.76 998,700.00 5.76 1,997,200.00 5.80 DATE DUE 4/2/98 412/98 4130198 5113/98 6/25198 7/13/98 7/16198 7131198 7131198 8112/98 8131198 911198 9114198 12J2/98 2/24199 3/24199 4/6199 6/2/99 10/26199 12/17199 12/23/99 1/27100 1/14100 2/1100 2/18/00 311100 3/16100 AT MATURITY (PAR) 1,000,000.00 500,000.00 1,000,000.00 1,000,000.00 600,000.00 1,000,000.00 900,000.00 2,425,000.00 2,000,000.00 1,200,000.00 3,000,000.00 1,000,000.00 1,000,000.00 5O0,OO0.O0 1,017,391.70 500,000.00 1,031,000.00 1,085,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 1,493,136.25 1,000,000.00 1,000,000.00 2,000,000.00 SUB TOTAL 31,114,873.92 AML POOL 2,216,511.35 REPO 312,989.09 TOTAL 33,644,374.36 TOTAL CURRENT YIELD 31,192,026.00 2,216,511.35 5.44 NIA 312,989.09 5.04 33,721,526.44 5.91% 31,251,527.95 2,216,511.35 312,989.09 33,781,028.39 17% March 1998 8,620 83% 7,151 1998 Monthly Enplanements Month ERA SCA YUTE Jan 6,664 1,266 493 Feb 6,073 1,371 68 Mar 7,151 1,469 0 Apr May Jun Jul Aug Sep Oct Nov Dec Totals 19,888 4,106 561 Monthly Totals 8,423 7,512 8,620 0 0 0 0 0 0 0 0 0 24,555 NOTE: Yute started service May 24, 1997 Yute ends service February 7, 1998 CiTY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 April 30, 1998 Dear Airport Tenant and User: On April 28, 1998 a safety and construction start up meeting was held at the Kenai Airport Terminal. This meeting was to discuss the Taxiway "C" and Gravel Runway project. The following schedule and priorities resulted from discussions at that meeting. The Charlie taxiway imersection would take priority at the earliest oppommity. Construction would begin on the intersection to limit traffic delays due to closure of that taxiway. May 5th May 6th May 8th May 11th Begin work on taxiway "C" intersection. Taxiway closure for rotor milling of asphalt. Begin paving of Taxiway "C" intersection. Reopen taxiway "C" for traffic. May 21st June 30th Paving crews remm for paving remainder of project. North 1,500 fi of Runway 19 closed during construction period daily. Three days estimated for closures. Completion Date. All dates are tentative and subject to change. It is our intent to limit impact upon traffic during this project so be patient with us. NOTAM's and advisories will be issued as early as possible, but are subject to change. Sincerely, B. Keith Holland Acting Airport Manager KENAI CITY COUNCIL MEETING MAY 6, 1998 INFORMATION ITEMS o e . . 1998 Gaming Permit Application - Alaska Wing Civil Air Patrol, Inc. State of Alaska DOT Notice of Proposed Sale of Excess Lands- Property along Spur Highway adjacent to Lots 7 and 8, Block 2 of Kaknu Komers Subdivision, approximately 6,608 sq. ft. in area. 4/98 Resource Development Council, Inc., Resource Review. 3/1 /98 Challenger Learning Center of Alaska, Challenger Log. ~ Dep;.1n~m ~ Revenue Imxn, e and ~ Audit Division Jurmau, Alaska 99811-~20 Telephone (007) 465-2320 ' Federal EIN · . ~~N~ .... 9506-0014 Shire of Alaska 1098 r-_,---,--r,...--~ ,, __,=. AS 05.15.020. 97-1070 7 -4560 akhd ca ~alaska.net TYRE OF ORGANIZAITQN((;hoot; ono ~ ~ ;follnltlort see AS 05.15.59o) OR~,ANtZiED At~ · TYPE OF GAMES (~.<~ games mat you w~l =u,,~J,_ _~. For ~']ai~ms sm AS OS.~S.e~) PERSONS IN CiiARGE OF GAME5. Persons must tw active mmnb~s of the on:janixa~fl, Or an emplwoo ot.tho'munk:ipa~, and efestgtmte~ by ate 311-42-7348 345-2166 2010 Innes Circle (my. b"zme and F_fp C,(~e Has ~ pfJmmy mem~mr ~alr, en ~ m~ ma Alternate Ivfend]~ Name Sockaf Security NumDer IOayIJme Tel~mono N~ Mailing Aficlms$ 2804 W. 34th ~4 " Cay, Sram and ,Zip Cra:re · o , Anchorage, Alaska 99517 Ha~m~a~emamme. m~mmmmmpa~mms~.m? ]~ Y.s ~ No m~m. mm~.u.m~..~ m. ~ was m~en. - 75 l;;] Yes ~1 No Has any member o! management or wry' presort who l; responslt)le for gaming amividas ever laeen (x)nvictecl cd a felony', extra'eon, or a violalion of a la~ ~ ~ of this stazo or mmlhar jurisdiction dmt is a crane involving a~eft or afshoflesty or a viot~ofl of as ;refined tw 16 AAC 160.9557 Wd ¢~ara ~/r~er lawnml~ ~f unsw4m ~~, ~mf w~ have examingd Ih/t; azl;pl~, lm:W~ir~ any ~enr, an~ that a~ the bes~ of our lmowfet~go ~ " Primal Name :DaM · .Mary J. Chamberlin ($ Primed Name Steve Franklin, Commander ~2/98 3/2/98 Vice I~'esk:fem Daydm. T. lelXlm~e 18339 Jamie Drive Eagle River, Alaska 99.577 229-7970 ......... ........ :...,'"0 ..... $,oo. oo,,,m.,. ............ '% . ' "I - ~ Jn~m~io~ for mnfld~o~ ~chments. ~~ (re~m~T) ~t A CO~ of this a~li~fion mm ~ ~ent to all ~pllmblo munlclpal~i~.and boroughs." 1gg8 Gaming Permit Application ~ p,,.,,,, .,,,.,,~ ----------I Alaska .... ' 97-1070 ' · .. AGTiVITES CONDUGI~D BY OR~TIOH Alaska Win~ Hdq. 42-:00 E~m,~nd.~rf AFB Anchor..a~e, AK Valdez Composite Sqd. Valdez Airport Terminal Birchwood Composite Sqd. Was~.----cce.ss Rd. Raffles, 3.ir~ ~.:Yooa Airpo~ Pull Tabs Raffles,Bingo Pull .Tabs,. ' Raffles, Bingo Pul 1 Tabs B ing Bethel Composite Sqd. Fairbanks Composite Sqd. Kodiak Composite Sqd Bethel ~irport Raffles, Bingo Bethel,Alaska Pull Tabs So. Access Rd Raffles, Bingo Fairbanks In~'lAirport PullTabs 2'675 Mill Bay Rd Raffles, BingO~u~ Kodiak, AK Pull Tabs AGRvmEs CONDUCTED BY VENDOR(puli-tabs arelhe only games avendor GUt CMKlUGt) Ve. rN~ reg[~ ;mi fee musiDe Nsmeof Veflaor . .. _~__L'IIViT~_- GONDU(~TED BY MUL,TIPt-_C'-BBItmqGIJUI~ ___ !,",-,,0,,,~",:' ..... '. ~ ..... ~~~ ..... ..'i'_ ~'-'","~)--. '-... '.. ~."'"""~ . pa~iOl~ or r~igtous ~ in AlaslG~ (See slaful~es arld reigns far speci6g mires.) In Ibe ~ace 1~4wMed. ~ how your or--lion intm~ls lo use Itm nel [.~,~4_--~6 G.;~-i~ -~-~-,,~ ~-_%~*-.. (Be _m~..__~_-%~_~ ~} ' _ .................. - {Cade~ fligh~ scholarships, cade~ drill compe%i~ions, cade% encampmen%~ {cadet uniforms, cadet training, cadet transportation ~o special eventS,' ~-([~~~-~,,~-~ugmenc' Wing and squadron budgets. SENT BY' KPB PLANNING 5- 1-98 9' 37; 9072628618 => 907 283 3014; STATE Ob' ALASKA (.'; DEPARTMI'NT OF T~NSPORTA~ON AND PUBLIC FACII,ITIES~k~ "":"~t':' ~;;.....".".:"o ---~...'>d ...... . NO'['ICE I~ IIEREBY given that th~ State of Alaska, Dcp~tm~nt of 'l'ranspo~adon & Public l:acilitica proposes to ncgotiat~ a ~1~ of ~xc~ss land to an abutting prope~y owner. This prop~ is located ~long the ~nai Spur Highway a~jacont to Lots 7 and 8, Block 2 of K~.nu Korn~r~ Subdivision and is approximately 6,60~ square toot in area. The proposal is on file at 41 Il Aviation Avenue, Anchorage, Alaska and is available for public inspection from 8:00 AM to 4:30 PM, Monday II,rough Friday. Cotangents or requests must be made in writing m~d received at 4111 Avia/ion Avenue on or befo,'e May I3, 1998. 'H~c mailing address for conmxents or requests is State or' Alaska, Dep,'mmcnt of Transportation & Public Facilities, Right of Way Branch, AT'FN' Eilene Pirie, P.O. Box 196900, Anchorage, AK 99519-6900. Thc DcParmxcnt of"l"ransportation & Public Facilities will determine whether or not ro sell the property based on the requests, comments, sound highway plam~ing, construction & operational practices, and any other matters in thc public interest. "The sale of cxcc~s lands by the Department of Transportation & Public Facilities is authorized by A.S. 19.05.070(b)(2). ... ', .. /,."? ,:.... Post-it' Fax Note Co./Del~t. 7671 _ _ ""~" £ 85 - SENT BY' KPB PLANNTNG; 5- 1-98 9'37; 9072628618 => 907 283 3014; #2/2 Z Z d I© & · ~j Arctic Slope Regional Corporation odic publication of the Resource Development Council, Inc. h ite House proposes Clean Water In itiative 'reaching plan will greatly increase role of Clean Water Act President Clinton recently announced a new $568 million Clean Water Initiative that will greatly increase the role of the Clean Water Act in ~resource development activities in Alaska and elsewhere. The Clinton Administration bills its "Clean Water Action Plan" as a blueprint for protecting America's water resources. The plan builds on the existing Clean Water Act (CWA) and proposes aggressive new actions to strengthen and expand environmental regulations. The plan calls for addressing water quality issues through a watershed "This is much more than an initiative that is written by the government and then put on the shelf to gather dust. Many of the elements in this plan are already here like watershed assistance grants to environmental groups, more regulatory focus on private land and the moratorium on new road construction in roadless areas of the National Forest System." - John Sturgeon, President, Koncor Forest Products approach with a dominant emphasis on non-point source pollution, wetlands and watershed assessment and restoration. The White House's Clean Water Action Plan is just the beginning of a long-term effort by federal agencies to implement far-reaching watershed protection measures. The initiative calls for a 35 percent increase in federal funding for FY 99. The Administration claims the $568 million increase in the federal water program, as well as a $115 million increase for state non-point source programs, fit into the overall balanced budget. The plan outlines ten principles for restoring and protecting America's water resources with a strong link between water quality and resource development activities. The plan states that "natural resources -- croplands, forests, wetlands, range land and riparian areas -- are the building blocks of most watersheds" and watershed health "is a reflection of how well those natural resources are cared for." The plan also describes 80 specific actions to expand and improve water (Continued to page 4) man Legislative agenda Fisheries to natural gas RDC is encouraging the State to approve funding forthe St. Paul Harbor Improvements Project which would enhance the fishing industry's ability to produce Alaska's fisheries resource in the St. Paul Harbor in a safe and efficient manner. In the past decade, St. Paul has become an integral part of Alaska's fishing industry. Currently, St. Paul is the second largest contributor to both the state's Fishery Resource Landing Tax and the Fisheries Business Tax. St. Paul Harbor opened in 1990. It has become one of the most important processing and supply ports in Alaska. The harbor at St. Paul was not designed to accommodate today's mod- ern fishing and freight industries. The length of many modern freight and pro- cessing vessels exceea's the limits of the harbor. Moreover, the harbor is unable to service the transient crab fleet of approximately 230 vessels. Without improvements, safety will continue to decline. Federal and local funding for the St. Paul Harbor Improvements Project have already been secured and we are hop- ing the Legislature appropriates the needed state match to secure federal funding this year. Turning to other legislative business, the Alaska Department of Revenue is poised to implement a new tax regime on foreign air and sea carriers as a result of a recent Alaska Supreme Court decision. As a result, Representative Norman Rokeberg and Senator Loren Leman have introduced companion bills to block the new tax regime on foreign carriers. The Supreme Court decision allows the Department of Revenue to apply the Alaska Corporation Net Income Tax (ANITA) to foreign flagged ships and aircraft bringing goods and passengers to and from Alaska. Foreign air and water borne carriers move Alaskan products to international markets. Local businesses and consumers also depend on these same carriers to bring our supplies to Alaska. This new tax regime on transportation Page 2 / RESOURCE REVIEW / April 1998 could stop some carriers from doing business in Alaska and may discourage others from investing here in the future. The new tax would not only affect cruise ship lines and international air- lines it would also apply to the seafood, mining and timber industries, including some producers and oil-field service companies. It is our understanding Alaska would be the only state in the Union with such a tax. California, New York and New Jersey have recently withdrawn pro- posals to tax foreign carriers because of the potential impact on business and their economy. SB 345 sponsored by Senator Loren Leman and HB 472 by Repre- sentative Norman Rokeberg changes state law to exempt foreign carriers from the tax established by the recen* Supreme Court decision. Both bills ar moving rapidly through the Legislature. Another issue of interest to RDC is legislation promoting commercializa- tion of Alaska's stranded gas resources. There has been a great deal of focus on the stranded gas legislation still pend- ing in the House. We hope it continues to move in the final weeks of the ses- sion. This is an important bill, which if passed, sends the message to pro- spective investors that Alaska is open for business. RDC continues to track HB 144 which would mandate fixed costs associated with industry permitting in the development of future fee structures for the Alaska Department of Environmental Conservation. Among a number of other legislative issues RDC is giving attention to is HB 386, a bill which reauthorizes AIDEA's bonding authority and reorganizes the export assistance program. RDC supports the bill. Regarding the federal Clean Wate Initiative, implementing the new plan is among the top priorities for EPA's Office of Water. This is a big emerging issue which will demand our attention. Bankrolling the environmental movement The environmental movement in Alaska is well financed with millions of dollars from the Lower 48 bankrolling advocacy programs aimed at blocking resource development, the spark plug of the state's economy. A large portion of environmental advocacy in Alaska is funded by non- profit foundations belonging to the En- vironmental Grantmakers Association (EGA), an organization of 182 private, corporate and community foundations. Members of the EGA, both directly and through the Alaska Conservation Foun- '~,dation (ACF), channel as much as a ~illion dollars each year into advocacy for Alaska environmental issues and litigation over environmental policies. The ACF, a member of the EGA, receives money from big national foun- dations and then dispenses the funds as smaller grants to environmental groups in Alaska targeting oil and gas development, logging and mining projects. Because ACF is a 501(c)(3) organization under the IRS tax code, it cannot directly engage in lobbying or advocacy activities, but it can and does award grants to those who do. Most of ACF's annual revenues come from other foundations, including grants from the Pew Charitable Trusts, the largest grant maker to environmen- tal causes. Pew, which awarded $23 million in environmental grants in 1996, has been a major backer of the Alaska Rainforest Campaign's efforts to end logging in Alaska's two national forests. Since 1995, Pew has advanced ACF .almost $1.3 million for the Alaska aainforest Campaign. Seven otherfoun- tions contributed at least another $1 million to the effort. With foundation funding, the Alaska Rainforest Cam- paign is developing a comprehensive proposal to protect the entire coastal forest from logging and to expand its advocacy efforts throughout the nation. The ACF also awarded grants to the Thane Neighborhood Association for legal efforts to halt the AJ mine and has given grants to advocacy groups involved in Alaska boreal forest issues. ACF also runs the Alaska Community Share which collects and distributes money contributed by federal and other public employees through payroll deductions to environmental groups. Trustees for Alaska, the Sierra Club Legal Foundation, the Southeast Alaska Conservation Council, the Alaska Centerfor the Environment, the Natural Resources Defense Council, the Northern Alaska Environmental Center, the Alaska Environmental Lobby and many other environmental groups in Alaska have received grants totaling more than $10,000 from ACF. The environmental movement now generates several billion dollars in annual revenues with at least a dozen national groups having annual budgets in excess of $20 million. Since 1990, the proportion of households that make individual donations to environmental causes has dropped from 16.3 percent to 11.5 percent, but non-profit foundations have come to the rescue. For the average environmental organization, membership dues now account for less than 25 percent of revenues, but membership services and recruitment consume much of this revenue. Non-profit foundations are now the primary source of funds for environmental advocacy and donations from these foundations are making up a large amount of the drop in individual donations. According to a report in the Boston Globe, foundations invest at least $400 million a year in environmental advocacy and research. Foundations and "public interest" non-profits are an influential and expanding industry. According to the Competitive Enterprise Institute, the assets of tax-exempt foundations now exceed $225 billion, money that is used to fund everything from the environmental movement to population control. This wealth, when used to fund the advocacy efforts of environmental groups, has an enormous influence on public policy. Ironically, those who run the big foundations tend to represent small, elite interests who live far away from the local communities affected by the environmental policies they support. Foundation-funded campaigns against the timber industry in South- east Alaska played a major role in the demise of the region's two pulp mills and the termination of the long-term timber supply contracts. Just ask a log- ger in Sitka, Wrangell or Ketchikan if funding of these kinds of environmental campaigns by tax-exempt foundations is fair. Miners who hoped to work at the AJ mine in Juneau and the businesses adversely affected by the tailspin in the region's economy don't think so. With large sums of Outside founda- tion funding pouring into Alaska envi- ronmental advocacy campaigns, the playing field is way out of balance against the views and input of those most affected. Local residents and those working in Alaska's basic industries must reach into their pockets to give after-tax dollars to defend themselves against efforts by environmental activ- ists at a time when their very livelihood is threatened. Their voice is frequently drowned out or neutralized through foundation-funded campaigns. With a soaring stock market, foun- dation assets are going through the roof. Since foundations are required to give away at least five percent of their invested assets annually to maintain tax-exempt status, more money than ever is available for advocacy cam- paigns in Alaska and elsewhere. The Turner Foundation, founded in 1990 by media giant Ted Turner, plans on increasing its grant awards to $25 million annually, overtaking the Pew Charitable Trusts as the largest envi- (Continued to page 7) April 1998 / RESOURCE REVIEW / Page 3 New water plan proposes aggressive new measures, expands regulations Initiative raises concern throughout regulated community · (Continued from page 1) quality regulations. Many details of the program are still unknown, but some elements of the plan are raising concern throughout the regulated community. Critics say the plan contains vague goals and could block development projects some perceive to be a potential threat to pristine or sensitive areas of a watershed. They also dislike provisions in the plan that would funnel tax dollars to environmental advocacy organizations. "This is much more than an initiative that is written by the government and then put on the shelf to gather dust," said John Sturgeon, President of Anchorage-based Koncor Forest Products. "Many of the elements in this plan are already here like watershed assistance grants to environmental groups, more regulatory focus on private land and the moratorium on new road construction in roadless areas of the National Forest System." The plan calls for the federal government to increase financial and technical assistance to states, local governments and others, including environmental organizations, to advance watershed protection strategies. The funding would come in the form of "watershed assistance grants" to organizations that cooperate with the federal regulatory agencies in building local efforts to restore and protect watersheds. The initiative also includes new measures to preserve natural re- sources, strengthen storm water runoff controls and turn the federal "no net loss" wetlands policy into an annual 100,000 acre "net gain" wetlands pro- gram. In addition, the initiative would establish by 2002 more than two million miles of conservation buffers to reduce The new Clean Water Initiative will increase the role of the Clean Water Act in all resourc" industries. The initiative calls for addressing water quality issues through a watersh approach. Pictured above is the Usibelli Coal Mine at Healy. polluted runoff. It also calls for federal regulators to relocate and improve water quality protection for 2,000 miles of roads in the National Forest System per year through 2005 and decommission or obliterate 5,000 miles of Forest Service roads per year by 2002. It also calls for a new unified policy to enhance watershed management on all federal lands. Shift to non-point pollution At the core of the new federal initiative is a major shift from point to non-point source pollution. Point pollution includes pollutants traced to a specific point such as a factory discharge water pipe while non- point pollution comes from widespread, dispersed sources. For example, non- point pollution would include the oil that drips from cars, fertilizer that runs off from yards throughout a community and silt in streams originating from various human activity, including agriculture and forestry. Government regulators have a much more difficult Page 4 / RESOURCE REVIEW / April 1998 time pinpointing the actual location of non-point pollution. EPA's current jurisdiction applies only to direct dischargers, or point sources of pollution, and do not directly cover the other activities that result in polluted runoff. As a result, EPA does not have the statutory authority to establish enforceable controls for non- point sources, and has instead pursued voluntary measures with states and industry to curb non-point pollution. In Alaska, non-point pollution resulting from forestry has been regulated through mandatory Best Management Practices (BMPs), a proven method to control pollution. Under the new plan, the EPA would work with states in developing "appropriate" state enforceable policies and mechanisms for non-point sources. The EPA would issue guidelines describing models of enforceabl authorities. The initiative would als allow EPA to revise CWA permit regulations and anti-degradation regulations as they apply to non-point source activities. "Fundamentally, if public funds are being used to 'monitor and collect data used by public agencies, then the data should be collected by trained professionals or technicians. Monitoring data collected by ad hoc citizen groups who are not trained or have particular biases do not meet this criterion. We are concerned that the results will not be of the highest quafity, fully objective and fully transferable for the myriad of public uses of that data." - Rick Harris, Sealaska Corporation "The new plan seems to focus on non-point pollution sources such as for- estry in a manner similar to point sources such as factories," said Geoffrey McNaughton, Environmental Manager at Koncor Forest Products. McNaughton explained that several attempts have recently failed in court to regulate for- estry as a point source. However, he said "the new initiative may blur the distinction between point and non-point sources by yielding similar regulations --,for the two pollution types." ! If the Clinton Administration plan is .... successful, nearly all environmental laWs and regulations for forestry and other natural resource industries could have greater federal influence. "It's not as if we're running wild," McNaughton said. "The Alaska forest products industry is already highly regulated, governed by state regulations which enforce BMPs to control non- point pollution." According to the Competitive En- terprise Institute (CEI), the EPA has been displeased that the Clean Water Act and its reauthorizations have never given it the authority to go after non- point sources. "The President has tried to roll out this new initiative to provide the EPA with the tools it needs to do watershed- based management and to regulate non-point pollution sources," said Jonathan Tolman, Environmental Policy Analyst at CEI. He noted that through the Clean Water Initiative the EPA will 'develop Total Maximum Daily Loads '(TMDLs) for rivers in all 50 states, set- ting new standards for contaminants in the nation's river systems and requiring states to regulate the non-point sources. Under the new plan, states may find their rivers in non-compliance with new TMDLs. "The TMDL approach is an effort on behalf of the Clinton-Gore Adminis- tration to go after the last non-regulated entities," Tolman said. Wetlands: The Clean Water Action Plan calls for the development of new regulatory programs to achieve a net increase of 100,000 acres of wetlands each year. Since the annual net loss of wetlands is estimated at approximately 100,000 acres nationwide, achieving a net in- crease of 100,000 acres per year will actually require an increase in gross wetland gains of 200,000 acres annu- ally. To accomplish this goal, federal agencies will identify programs which are expected to create or restore 200,000 acres of wetlands. Unavoid- able wetland looses that are authorized by Section 404 of the Clean Water Act will be offset fully by gains achieved through an increasing emphasis on successful compensatory mitigation. The Action Plan calls for the Corps of Engineers and EPA to emphasize avoidance of wetland losses, deter- rence of non-permitted losses and en- forcement of permit conditions. Meanwhile, a report filed by the CEI has taken the federal government to task over its claims of annual wetland losses. Entitled, "Swamped," the CEI report noted over the last decade the convergence of two little"known wet- land trends has resulted in the achieve- ment of the stated national goal of "no net loss" of wetlands. The CEI insists the goal has not only been met, but exceeded. The CEI report claims that wetlands losses have been steadily falling over the past ten years while non-regulatory programs designed to restore wetlands have resulted in a sharp increase in wetlands. According to the most recent National Resources Inventory (NRI), wetland loss due to agricultural conversion, formerly the number one source of wetland loss, has slowed to a trickle. The U.S. as a whole lost roughly 141,000 acres of wetlands in 1995, while at least 187,000 acres were restored. "Given the current success of wetland restoration programs and the decline of wetland losses, there is little doubt the nation as a whole has exceeded its expectations of no net loss," said Jonathan Tolman, author of the report. "Wetland restoration programs appear to be a more cost- effective method of conserving wetlands than regulatory programs." Watershed Assistance Grants Another troubling aspect of the new Clean Water Initiative for the regulated community is a provision providing for watershed assistance grants. Underthis provision, federal agencies provide discriminatory grants to local organizations that want to take a leadership role in building local efforts to restore and protect watersheds. These grants, according to the EPA, will ensure that local communities and stakeholders can effectively engage in the process of setting goals and devising solutions to restore their watersheds. While the watershed assistance grants may appear to be a new source of funding for private organizations, the EPA, through the Alaska Department of Environmental Conservation (ADEC), already grants federal funds to local organizations for "citizen monitoring" programs. In fact, ADEC has awarded $312,500 for citizen monitoring projects in Alaska this year. The funding repre- sents 47 percent of Alaska's CWA Sec- tion 319 non-point source pollution re- search grants for 1998. In a memorandum to House Speaker Gall Phillips and other fellow colleagues, Representative Pete Kelly (Continued to page 6) April 1998 / RESOURCE REVIEW / Page 5 Plan's success hinges on Congressional support (Continued from page 5) reported that ADEC spent $669,670 in federal "319" funds with an estimated $200,500 targeted to "education and outreach programs by groups that include the Alaska Center for the Environment." The $312,500 spent for "citizen monitoring" went to groups including the Alaska Boreal Forest Council, Cook Inlet Keeper and the Valdez Forest Watch Program of the Alaska Forum for Environmental Responsibility. Kelly said it appears only about $80,000 was spent on research and development. The largest single grant of $100,000 went to Cook Inlet Keeper and the Homer Soil and Water Conservation District to test water that flows into Southern Kenai Peninsula streams. Under the grant, Cook Inlet Keeper is training local residents to take water samples to gather one year of baseline data on the streams. It is part of an effort to determine the effects of logging and other human activities on those streams. Grant money will pay for testing kits, training and perhaps a boat that can ferry volunteers to places off the road system and away from the coast. Awarding nearly half of Alaska's annual grant funds to citizen monitoring groups may not be an effective use of money, says Rick Harris, Senior Vice President for Natural Resources at Sealaska Corporation. Harris explained that the use of data obtained by volun- teers could pose serious problems. "Fundamentally, if public funds are being used to monitor and collect data used by public agencies, then the data should be collected by trained profes- sionals or technicians," Harris said. "Monitoring data collected by ad hoc citizen groups who are not trained or have particular biases do not meet this criterion. We are concerned that the results will not be of the highest quality, fully objective and fully transferable for the myriad of public uses of that data." Harris also noted the 1998 grants to citizen monitoring groups appear to support projects that monitor activities on private land without first establishing cooperate relationships with the private landowner and developing clearly de- fined goals and objectives. He said the outcome of these projects will be to create questionable results. "It is ironic that there are many trained and highly skilled personnel in state agencies that are capable of do- ing the job," Harris said. "Instead, large sums of money are being expended to train new observers and buy new equip- ment.'' Beyond citizen monitoring grants, the Clinton-Gore initiative directs federal .agencies, led by the U.S. Geological Survey (USGS), to work with states to improve monitoring and assessment of water quality, focusing on nutrients and related pollutants. The USGS has already taken the lead on water quality monitoring on the Kenai Peninsula, recently launching a $16 million, ten- year program that includes an assessment of forest harvesting activities. Meanwhile, the Forest Service has come under fire for an internal memo urging agency Chief Mike Dombeck to promote his conservation agenda by tying it to the Administration's Clean Water Action Plan. The memo recom- mended that Dombeck make appear- ances this summer at large forest fires receiving high media coverage to help make the Administration's case for for- est management reforms and its new watershed management emphasis. The Forest Service memo said "we will take every opportunity to tie with the Vice President's Clean Water Initiative and indeed provide a media event for the VP to showcase the initiative on national forest lands." It suggested that Dombeck emphasize the watershed protection aspects of the agenda. The memo drew immediate fire from Western lawmakers who charged the agency with mixing politics with profes- sional responsibilities. "They are blatantly using this once- proud agency for political purposes and to further Al Gore's campaign for presi- Page 6 / RESOURCE REVIEW / April 1998 dent," said Rep. Helen Chenoweth, R- Idaho, Chair of the House Subcommit- tee on Forests. "Instead of the Ciea" Water Initiative, I would call this ti~, Dirty Hands Initiative," Chenoweth said. Drafted by Dombeck's advisors, the memo directs agency officials to pro- mote the natural resource agenda be- fore members of Congress, an action Republicans say comes close to violat- ing a rule against lobbying by members of the executive branch. The unveiling of the Clinton-Gore Clean Water Action Plan is just the beginning of a long-term effort by federal agencies to implement far- reaching watershed protection measures. Some elements are now being implemented. Many in the regulated community look at the new initiative with concern and ask "how tight will the regulations become before they strangle?" With the White House requesting more than a half billion dollars for the new program, the plan's success hinges largely on Congress willing to support the request. Additionally, its success depends on how aggressive feder and state agencies are willing to be i~, implementing the plan. The federal government has formed a stakeholders group consisting of eight environmental organizations, two Native corporations and one fisheries group to study implementation of the initiative in Alaska. RDC will be working with its members and other organizations over the coming months to fully evaluate the Administration's initiative. The Clean Water Action Plan is available on the Internet at http:// www. epa. gov/cleanwate r. Notable Quote "Efficient solutions are more likely to be helpful than political fixes which sour good but deliver little or nothing." John Browne BP Group Chief Executive Officer Tulsequah mine draws Alaska protest British Columbia has approved the Tulsequah copper, lead, zinc and gold mine 40 miles northeast of Juneau, but Governor Tony Knowles is appealing the decision to an international boundary commission. Knowles said the action is not intended to kill the project, but bring a more thorough review. British Columbia issued a certifi- cate of approval last month to Redfern Resources Ltd., to proceed with the $150 million project despite objection from Knowles, Clinton Administration officials and environmentalists. Knowles said he would like to see )more protection for water quality and fishery resources of the Taku River which flows from its headwaters in British Columbia to Taku Inlet near Juneau. The river supports all five species of Pacific salmon and is important to commercial and sport fishermen. Meanwhile, Paul Rusanowski of the Alaska Miners Association applauded provincial approval of the project, which he said is well designed and environ- mentally sound. The Environmental Protection Agency (EPA) disagrees, noting that approval of the mine's tailings plan would be very difficult to obtain in the U.S. Redfern plans to build a dam in a floodplain to hold tailings from the mine. Redfern's Kelvin Dushnisky called the EPA's comments "short-sighted" and said the agency was dismissing the extensive review the plan received in Canada. The Senior Vice President said the project has been difficult to permit in .tCanada. · ; Rusanowski said the tailings don't pose a problem in the floodplain be- cause the toxic materials have been removed. He said Redfern plans to store much of the tailings underground. ,, Govern°r pitches NPR-A compromise to RDC Governor Tony Know/es unveiled the State's position on oil and gas leasing in NPR-A at a packed RDC breakfast meeting in March. The Governor called for leasing the whole planning area, but under a phased program. While the Governor's plan calls for no permanent federal land withdrawals in the planning area, leasing in the most sensitive areas for bird and wildlife habitat will be delayed for further studies. A t left, RDC Executive Director Ken Freeman meets with the Governor. At right, Commissioner John Shively of the Alaska Department of Natural Resources outlines the proposal EPA may expand permitting rules for logging roads The EPA is considering expanding its Clean Water Act (CWA) permitting regulations to include the construction and maintenance of logging roads. Forest roads are usually exempt from a Clean Water Act Section 404 permit if the main use is for forestry and modern road building methods are used. The timber industry strongly op- poses any effort by the EPA to sweep silviculture activities under the CWA permitting process. The industry says the EPA would be exceeding its author- ity since silviculture has been consid- ered a "non-point" source of pollution. Existing federal regulations apply only to direct dischargers or point sources of pollution. For non-point sources of pollution, EPA has relied on voluntary initiatives to control pollution. In Alaska, non-point pollution from for- estry is controlled by mandatory Best Management Practices. The EPA plans to begin collecting data to determine whether the current federal program needs to be modified to capture forest roads. The effort is part of the new Clean Water Initiative. Meanwhile, the Alaska District of the U.S. Army Corps of Engineers has been meeting with the forest products industry to iron out questions the agency has with the silviculture exemption. According to Jack Phelps, Executive Director of the Alaska Forest Association, the Corps agreed that the exemption was designed to be self- implementing and the agency's role is properly found in citing operations that are in violation of Best Management Practices. The Corps indicated that its over- sight on silvicultural roads would be handled in such a way to prevent inter- ference with self-implementation or delays in the construction of roads. Environmental funding ... (Continued from page 3) ronmental grant maker. The Executive Director of the foundation is Peter Bahouth, former head of Greenpeace. With foundations pumping millions of dollars into politically-correct cam- paigns to stop development in Alaska, environmental groups are springing up like weeds, setting up Alaska opera- tions molded to please grant makers. RDC receives no foundation grants and relies on membership donations for general operations and program ef- forts. We need your support more than ever to educate the general public and shape reasonable public policy. April 1998 / RESOURCE REVIEW / Page 7 From the top of the world to around the globe.. From construction services in California to oil field services in Louisiana. From manufacturing high-tech components in Mexico, to aircraft servicing at U.S. military sites around the world. Arctic Slope Regional Corporation is an international and diverse family of companies. With roots firmly in the Arctic, ASRC is steadily expanding to meet the global needs of the next century. ASRC offers professional services ranging from petroleum refining and distribution, to engineering and technical services, to high-tech plastics manufacturing, environmental remediation and facilities construction and management. ASRC: Competing in the new economic environment P.O. Box 129 Barrow, Alaska 99723 www. asrc.com Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS SERVICE REQUESTED Page 8 / RESOURCE REVIEW / April 1998 Mayor John Williams Complimentary Since 4/98 City of Kenai 210 Fidalgo Ave., Suite 200 Kenai AK 99611 Bulk Rate U.S. Postage PAID Anchorage, AK Permit No. 377 Resource Development Council for Alesko, Inc, Petroleum Club of Anchorage 3301 "C" STREET May 1998 Reservations are required. Please call 276-0700 by noon Wednesday Doors open at 7 a.m., presentations begin at 7:30 a.m. Members' Breakfast: $10.50, Coffee & Pastry: $6.00 Non-Members' Breakfast: $12.50, Coffee & Pastry: $7.00 April 30: Looking to the Future: New Opportunities at CIRI Carl Marrs, President and CEO, Cook Inlet Region, Inc. May 7' The Alaska Railroad: Looking Down the Track Bill Sheffield, President May 14: Making It Happen: Stabilizing ARCO's Production in Alaska Kevin Meyers, President and Chief Operating Officer May 21' TBA May 28' Federal Initiatives and Alaska Congressman Don Young RDC's 24th Annual Meeting Luncheon Friday, June 19, Anchorage Sheraton Hotel Implications of the Asian Crisis on Alaska's Basic Industries Principal Keynote Speaker: Ken Thompson, Chairman, ARCO Alaska, Inc. and Executive Vice President, Atlantic Richfield Company Also featuring: Special panel of CEOs from mining, timber and fisheries Resource Development Council, for Alaska Inc. Legislative Update Legislation Supported by RDC Updated April 20, 1998 HB 154 HB 284 HB 296 HB 373 HB 386 HB 393 HB 472 AMEREF: $50,000 General Fund Request, for the Department of Education's AMEREF Program in FY 99. These funds will finance the DOE Program Director @ 60% and other related costs for the program and will sustain the public/private partnership. Included in the Conference Committee budget. Regul. atory 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. 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 Finance. The Alaska Minerals Commission, by Brice. Extends the termination date of the Commission to Febrdary 1, 2004. Status: Signed into law on 4/9/98. Forest Resources, by Miller and Phillips. Amends the Forest Practices Act to provide buffers on all anadromous fish streams and stronger protections to their tributaries. Status: HB 373 referred to Senate Transportation;.Companion bill, SB 270, referred to Senate Resources then Finance. Regarding the Alaska Industrial Development and Export Authority, by the Rules Committee at the request of the Governor. ReauthoriZes AIDEA's bonding authority and reorganizes AIDEA's export assistance program. Status: HB 386 referred to Senate Transportation then Community and Regional Affairs and Finance; Companion bill, SB 279, referred to Senate Transportation then Finance. Develop Stranded Gas Resources, by the Rules Committee at the request of the Governor. Allows the Commissioner of the Department of Revenue to negotiate contracts establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop Alaska's stranded gas resources. Status: HB 393 referred to Senate Labor & Commerce then Resources and Finance; Companion bill, SB 288, referred to Senate Resources then Finance. Apportionment of Business Income, by the House Labor and Commerce Committee. Implements a new tax regime on international air and sea carriers which conduct business in Alaska. Status: HB 472 scheduled for Senate Calendar on 4/21/98; Companion bill, SB 345, referred to Senate Finance. RDC Legislative Update HJR 2 HJR 28 HIR 52 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: Transmitted to Senate on 4/20/98. 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 concurred with Senate amendments on 4/20/98. Oppose American Heritage Rivers, by ]ames. Opposes the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative. Status: Senate Rules. HJR/ SJR SB SB 32 159 180 National Forest Road-Building Moratorium, by the House Resources Committe 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- HJR 32 referred to House Rules; SJR 32 referred to Senate Resources. 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: Signed into law on 4/6/98. RS 2477, by Halford. Codifies Alaska's historic RS 2477 rights-of-way across publi lands and records them in statute. Status: Returned to Senate on 4/20/98, next to Governor. SB SCR 209 20 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. 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' Returned to Senate on 4/20/98, next to Governor. '/Alas Challenger Learning Center of Alas office has a new home in Kenai! The Challenger Learning Center of Alaska, outgrowing its small start-up location that was formerly housed within a Soldotna office of the University of Alaska Anchorage, has found a new home in Kenai. The office, located at 150 North Willow, Suite 12, nestled in the Salamatof Building, will serve as the Board of Directors home base for meetings and meet the day-to-day office needs of the Center's project coordinator. If walls could talk, you would learn that this is not the first time the Challenger Learning Center of Alaska has been associated with the "new" office space. The new office resides in a portion of what was previously K. Scott and Associates headquarters. Kathy Scott was the Challenger's project facilitator for the City of Kenai while the idea of a center in Kenai was in its infancy. As of January, 1998, Kathy Scott has rejoined the project as a board member! Fundraising Update Last issue we touched on some fundraising successes our organization has had. We reported that AT&T Wireless was the first company to show their support with $10,000.00 in cash plus inkind contributions and that the Peninsula Clarion had awarded us a grant of $10,000.00. Since the last newsletter, the Peninsula Clarion came forward with another $10,000.00 for 1998. The Anchorage Daily News contributed $1,000.00. Kenai's Mayor John Williams, recognized as "Mayor of the Year" through an American Hometown Leader- ship Award by Wal-Mart Corporation and League of Small Cities, graciously donated the $1,000.00 honorarium he received, a measure that was endorsed by the Kenai City Council (Ordinance No. 1764-97). Unocal Alaska Resources made an initial contribution of $6,000.00. Century Communications (formerly know to Kenai Peninsula residents as PTI) has made a promise of $1,000.00 plus inkind donations. Several members of the business and construction community have made generous offers to provide their services as inkind donations. It is no secret that the catalyst for this project comes from the 2.5 million grant the organization received through a NASA appropriation. What has kept this project on track so far has been additional grants received from the City of Kenai, $25,000.00; Aerospace States Association Enhanced State-Based Teacher Outreach Program, $7,500.00; and $5,000.00 respectively from the Alaska Science and Technology Foundation, Alaska Aerospace Development Corporation, and Alaska Industrial Development and Export Trade Authority. We are still far from our goal to make this center a reality. It is taking an accelerated, concentrated effort by the Project Coordinator, the CLCA's Board of Governors and the Board of Directors to make this program happen. A strong show of support from the Alaskan community is also necessary. Silent support does not raise a science center's roof! Please show your support by becoming a corporate or private donor and a "F~=nd olc C..kal- Board of Governors News The Board of Governors (BOG) recently unveiled their plans to host a Halibut Sportsfishing event in Homer as this year's major fundraiser slated for July. Watch this newsletter for details! A donation and contribution schedule has been formulated for the facility. A contributor, that meets the criteria outlined in the BOG recognition schedule, may choose to be recog- nized, for example, as the sponsor of the Exploratorium, the Observation Room, or Mission Control. Working on a first-come, first serve basis, those that respond quickly will have a wider variety of choices! Call Bill Popp at (907) 283-2000 for details. Additionally, the Board of Directors embrace the idea of a wall or floor that will incorporate personalized tiles into its design, thus allowing families, individuals, and smaller companies or organizations a way to participate in the funding of the center. We will supply further information on how you can help "pave the way to the future" once an architectural firm is selected and that portion of the project is refined. Challen~ler Leamin~ Center of Alaska 150 North Willow. Suite 12 · Box 1035 KenaL Alaska 99611-1035 President's, Corner by Ginger Steffy Work continues and the project marches on as the Board and its subcommittees continue to stay very busy. Board Retreat The. Board of Directors' (BOD) Retreat was held January 10th- ! 1 th. Saturday's session was dedi- cated to developing the program of requirements criteria. Based on the programs and activities that we expect to conduct in the building the Board identified the kinds of space that would be needed, the amount of each type of space, and the charac- teristics and accommodations needed in spaces to properly support the intended programs and activities. The resulting document will allow the Board to sit down with the architect, once hired, and provide 'a clear picture of the characteristics and requirements that are to be incorporated into the design' of the building. Motivated by the promise that if we stayed on task and worked for as long as it took we would get Sunday morning off, we f'mished up by Saturday evening. We all . felt good about what had been accomplished and the resulting document. Sunday afternoon was the official Board of Directors meeting. The program of requirements document was approved. Election of Board Members and Officers Phil Biggs (KPBSD) and Lori Perry (PTI Commu- nications) were reelected to the Board and Bob Sizemore (Bank of America) and Kathy Scott (K. Scott and Associates) were elected to f'Lll tWO vacant seats. Officers for this year are' Ginger Steffy, President; Mike Tarr, Vice President; Duane Bannock, Secretary; Aleja Devito, Trea- surer. Our nation will succeed or f~ii to the de- ~ree that ~11 of us -- citizens and busi- nesses alike -- are active participants in buildin~ strong, sustainable and enrichin~ communities. -- Arnold Hiatt, President, The Stride Rite Foundation Local Committee Reports Mission Control Committee (Operational Pla_nnin=) The Mission Control Committee is in the process of revising the three year operating budget that was part of the feasibility study. We now have more information about the types of programs, in addition to the School Missions, that can be accommodated in the facility. Our goal is to use these additional activities to generate income to help with operating expenses so that the cost of the School Missions can be kept as low as possible. Once this task is finished, we will begin developing a marketing plan to enable us to do advanced booking for the School Missions and some of the other programs before the doors open. Launch ,Committee Creating a realistic construction timeline is a major undertaking. Developing a "program of requirements" for a facility of this nature can be equally daunting. The Launch Committee, examining the CLC~.A_'s original construction timeline, recognized that proceedihg with the previously scheduled opening date of 19~. ,would result in some fast track planning which could inevitably create increased costs, possible overruns due to the timing of the project and the optimal construction season, and even possibly lead to hastily made decisions. The Launch Committee presented their findings and recommendations to the full Board of Di['ecto~- on December 4th, 1997. The commit'tee suggested 'thai the anticipated opening date of the facilify' be changed to J~muary, 2000. The Board of Directors supported their findings. !A construction team selected by the City of-Kenai; ai0~lg with the CLCA's Joint Construction Committee developed a draft RFP. A Memorandum of Agreement between the City of Kenai and the CLCA was formalized. The MOA defines the roles and obligations of the two parties. The City of Kenai is still negotiating the site location. Two separate parcels are being considered, both in the near vicinity of the Kenai Central High School. In further business, the Launch Committee was instrumental in guiding the full board through the refinement of the Program of Requirements during the January board retreat. Cost savings to the project by the committee's foresight to develop a solid program are substantial. Collaboration of expertise and experience by the committee members was applauded by the full board° Communications Committee The Communication Committee is putting the final touches on the CLCA's web page. We expect to have the page on-line by the next newsletter! We mentioned in the last newsletter the development ~ booster club that will work to supply Alaska communities with informational literature-on the project. We are still in the formative stages of designing the club, however, you may at any time request information from the Challenger office in 150 North Willow, Suite 12 · Box 1035 Kenai, Alaska 99611-1035 Challenger Leamin~ Center of Alaska Kenai. If you are interested in receiving updated information about the club's activities, or would like to be an integral part ~,,. of the club and project, we encourage you to demonstrate your support by joining as a "Friend of Challenger Learn- ing Center of Alaska" with a minimum annual contribution of $20.00. Of course, larger donations will be greatly appreci- ated! (The CLCA is a not-for-profit, 501(c)(3) educational organization. All contributions and gifts are tax-deductible within the limits of the law.) A "Friend of Challenger Learning Center of Alaska" application form is enclosed in this issue. If your form has already been scooped up by someone that read this prior to you...let us know and we'll make sure you are faxed, mailed or emailed a copy! Our newsletter is currently reaching over 670 schools, businesses, organizations, governmental and private addresses! The Communications Committee would like to help promote your school's science and math events, class- room projects, seminars, awards, photos, etc., by offering space in this newsletter. Forward your information as early as possible to the CLCA office by fax, mail or email to ensure inclusion (see back of this news- ~ letter for phone numbers and address). Please be sure to provide a name and phone number so that we may contact you if we have any questions. All submissions are to the CLCA Board. subject approval by Appointment of New Board Members The CLCA Board of' Directors m§reffully accepted the resi§nation of' Boardmembcr, ,lan Bobek. Bobek, a teacher at Soldotna Elementary, has been involved with the project since its inception. Bobek chaired the Education Committee. Thanks Jan for all your hard wore and input! Kathy Scott (employed by the Kcnai Peninsula Borou§h; formerly of' K. Scott and Associates) and Bob $izemore (Bank of America) were appointed to "At Lar§¢" seats on the CLC^'s Board of DireCtors. Scott was appointed to a two year seat and will serve as the new chair of' the Education Committee. S izemor¢, appointed to a one year seat, has joined the Mission Control Committee. Now, more than ever, the Challenger Learning Center needs the support and assistance of a dedicated volunteer constituency. The CLCA booster club, "Friends of Chal- lenger'' will play a crucial role in the center's pursuit of educational opportunities in the areas of science, math and technology for the children of Alaska. The face of voluntarism has changed. Volunteering in the 90's has become a family affair. Today's parents have learned the benefits of introducing their children, at a young age, to the personal gains and rewards of volunteering. Teaching a child that accomplishment can have a far greater reward than monetary reimbursement is important in this day and age. Participating as a family, whether it be parent and child, grandparent and grandchild, aunt or uncle and niece or nephew, friends, sisters or cousins, you'll find its fun spending quality time working together on a rewarding project! Joining as an individual, may open doors to new friendships, experiences and opportunities. Maybe you're new to the area or have lived here forever, either one, what a great way to meet new people with similar interests or rekindle old friendships! We encourage you to join the growing number of families and friends in support of the Challenger Learning Center of Alaska! Welcome "Friends of Challenger" Booster Club Members Bed and Breakfast Association of the Kenai/Soldotna Area Kenai Chamber of Commerce Brown, Helen Cmw-Epps, Joan Ghormely, Sandra & Family Hallmark, Lance & Helen Kendrick, Debbie Radtke, Sharon Russell, Nicholas Sherwood, Todd & Family Caswell, Steve, Sue, Tess Thompson, Tucker Azzara, Mike, Rene & Tony Sonberg, Russell & Debbie Ogden, Duane Beeman, Barb Eldredge, Dave & Connie Toloff, Mason Fisher, James Holliday, Sarah Orth, Rhonda Roberts, Ann Schfier, Chris & Family Tart, Mike & Kathy Schrier, David Schmitter, Lisa The Wheeler Family Russell, Steven Stein, David and Jane Thompson, Colette, Tasha & Tanner Sterling Court Reporters New Frontier Vocational Technical Center, Inc. Thanks to our first volunteer! Anyone who has ever been affiliated with a non-profit board can tell you involvement usually requires much more than attending board and committee meetings. Within the group them always seems to be someone ready, willing and able to assist at a moments notice. Unfortunately, that person seldom receives the recognition they deserve. In this instance, that person is a boardmember's spouse! Mike Azzara has assisted our organization on several occasions. He has carted our display booth, tables, chairs, television, video equipment and promotional materials to and from fairs. He videotaped Astronaut Pete Conrad and wife Nancy in the 4th of July parade. Mike hauled and erected the tent for the event on the parkstrip in Kenai. We'd like to thank Mike for all he's done, and need to do so quickly, before we find we have to name a wing of the facility after him! From the entire CLCA organization, thanks for all your help! Challenger Learnin~ Center of Alaska 150 North Willow, Suite 12 · Box 1035 Kenai, Alaska 99611-1035 Space Day '98 What is Space Day? Every year, Space Day will be celebrated on the Thursday prior to the anniversary date of President Kennedy's 1961 challenge to "land a man on the moon and return him to the Earth". Last year on May 22, Lockheed Martin sponsored the first national "Space Day". The event celebrated America's enthusiasm for space exploration and built on that excitement to increase public support for our national space program. Space Day integrated strong educational elements, community activities around the country, a national public relations program, and several interactive web sites. Kids, along with guide Dr. Jeff Goldstein (perhaps the world's most entertaining astrophysicist), built comets, counted the stars in the Milky Way, and flew through a model of the solar system. The national Challenger Center, Fairfax Network, and Lockheed Martin's Space Day team are o. nce again joining forces to produce another Electronic Field Trip (EFT), as part of the Embrace Space initiative. This live, hour-long broadcast EFT will air just prior to May 21, 1998 - the day designated as National Space Day. This year's effort builds on the success and continued interest in last year's The Theory of WOW! electronic field trip, which reached over 1.6 million students from 49 states, Puerto Rico, Canada and Australia. It was carried by 24 Cable TV providers and was recorded by at least 140 school systems for rebroadcast! Space Day '98 will focus on the issue of human exploration and development of space versus the robotic.and ground-based exploration of space, and how these complementary processes are each vitally important to better understanding Earth and its neighborhood. As with The Theory of WOW!, the EFT will include a complete Teacher's Guide and space-related student activities distributed to all registered participants and made available for download from the Space Day, Challenger Center and its partner web sites. Other activities are also planned. You can sign up as a Friend of Space Day and receive updates by email. You can als° get a videotape and Teacher's Guide for last year's trip from the national Challenger Center's web site. The Signatures in Space program, sponsored by Lockheed Martin Space Mission Systems and Services lets young people participate in Space Day in a unique fashion. Last year, students from 250 elementary schools signed Space Day posters which were then scanned onto a computer disk. Space Shuttle mission STS-86 carded this disk into orbit on September 25, 1997, and after a rendezvous with the Mir Space Station, returned to earth. Following the mission, the posters were returned to their schools, along with a signed crew photo and a NASA certificate of space flight. The schools were also sent a tape of mission highlights, including a message from the crew to the students, recorded while in orbit. To help keep students focused on space, this "flight" was followed by the Aerospace Pen Pal program, which matched kids with space program employees for email correspondence. Signatures in Space will be flying again this year, with 10 elementary schools selected from each U.S. state, along with schools from other countries. Schools will be chosen based on nominations from Lockheed Martin companies or recommendations from their state's science coordinator. Space Day '98 will continue to highlight, for all Americans, the value of reaching for the stars. For more information about Space Day '98, visit the following Web sites: · www.spaceday.com · www.challenger, org Technology and Teamwork Challenger Learning Centers are continually searching for new ways to bring the latest technology to students and stimulate excitement for learning. On November 5th, 1997, two Mission Control rooms, one in Brownsburg, IN, and the other in Rochester, NY,.linked together to fly a specially designed mission, called "Lost on the Moon." Although separated by hundreds of miles, these teams used distance learning capabilities to communicate and work together to achieve a common goal. Together, they were able to locate a group of missing lunar explorers and bring them safely home to Earth. The mission and the innovativt. distance learning project were both huge successes! Challenger Center's Ne:twork of: Ce n ters s sites... Learn up to 30 and st:il'l' gro w i'n g!;' The latest Challenger Learning Center to open is in Sacramento, California at The Discovery Museum. Birmingham, Alabama is anticipating a late spring opening for their center. Dickson, Tennessee recently signed a contract with the national Challenger and look forward to a January, 1999 opening in the Renaissance Center. Hammond, Indiana is planning ground breaking ceremonies for March 6, 1998. Philadelphia, PA plans to open in 1999. Hazard, Kentucky .received funding from the FAA and DOT that will enable the Challenger site to be housed in a brand new building at their local airport. A complete list of sites is available from the local CLCA office. If you are planning a trip outside, consider seeing for yourself what all the excitement is about! Challen~/er Leamin~ Center of Alaska 150 North Willow. Suite 12 · Box 1035 KenaL Alaska 99611-1035 The Challenger i Learning Center Experience Founded by the families of the Challenger crew, Challenger Center uses space exploration as a theme to create a positive learning experience that raises students expecta- tions of success; fosters in them a long-term interest in math, science and technology; and motivates them to pursue studies in these areas. - National Challenger Center Mission Statement Teacher Training Teacher training is a vital element in Challenger Learn- ing Center educational programs. To ensure that teachers are properly equipped with the tools that they need to instruct their students, teachers come to the Challenger Learning Center for a full day of training prior to working with their classes. They will work through the classroom simulation ~ notebook of activities and actually fly a mission. Teachers begin working with their students approxi- mately four to six weeks prior to the mission date. Time ·"..spent on preparation varies, since Challenger is an "add in" ~'to the classroom cumculum. The Challenger Way The operations of Challenger Learning Center and the instructional design of their materials and activities are guided by the Challenger Way, a philosophy of learning that intergrates: multidisciplinary science content teamwork critical and creative problem solving responsible decision making Challenger Learning Center Standards of Excellence Created by partners of the Challenger Learning Center network, the Challenger Learning Center Standards of Excellence are the criteria for maintaining an educationally sound, scientifically correct, and aesthetically appealing experience for students. Areas addressed in the Standards of Excellence include: I. Qualifications, characteristics and responsibilities of key Challenger Learning Center personnel. II. Quality, consistency and emphasis of educational programs in terms of materials and the simulation experience. III. Degree of outreach with the Challenger Learning Center community. IV. Collection and use of feedback from evaluation forms, studies and self-monitoring instruments. V. Physical appearance and maintenance of the simulator and surrounding facility. Science Content Although space science is the teaching tool Challenger Learning Center has selected, each Challenger Learning Cen- ter mission and all educational programs are multidisciplinary and are created in conjunction with the National Standards, as they are developed. Each mission uses many different types of science, exposing students to a broad world of science that they find interesting and fun. Some examples are: Physical Science - Matter, Reactions and Interactions, Force and Motion, Energy (sound, heat, light, electric ity, and magnetism). Earth Science- Astronomy, Geology and Natural Resources, Oceanography. Meteorology. Life Science - Living Things, Ecosystems, Cells, Genetics and Evolution. Challenger Leamin~ Center of Alaska 150 North Willow, Suite 12 · Box 1035 Kenai, Alaska 99611-1035 never seen a SAT or an employment application 'that Women in Math and Science A panel discussion presented in part by the Coalition for .Womens Organizations took place on the Kenai Peninsula on January 27th' 1998. Addressing a packed, "standing-room only" audience, the featured panelists encouraged young women to seek careers in math and science fields. As the professional women shared their educational and work' experiences, a familiar note was present - the fields they pursued had seen relatively few women before them. In a sense, it would be correct to consider them pioneers. The group cited positive changes in policies and attitudes towards women in what were previously considered traditional male roles. Each panelist credited a teacher who had played an important role in identifying their talent and how that extra encouragement made them look beyond more obvious college and career choices. All had families that expected them to pursue college educations. Most had sought financial aid by means of scholarships and grants. As the enthralled group listened, a young woman with an interest in astronomy, questioned Bernadette Luna, a Californian research engineer for NASA, on how she might determine the viability of a particular career choice. Luna offered this advice, "Don't ever give up, if it interests you, do it." Luna went on to state how her major, bioengineering, was a relatively new field when she graduated. She expressed the importance of a double- major. She has a Master's degree in mechanical engineering. Luna said she' s lucky. Her employer, NASA, provides an nurturing environment and encourages lifelong learning. Luna has retumed to school for a biomechanical degree, working towards her Ph.D. Luna suggested two books the audience might read by author Deborah Tannen, a social science professor at Georgetown University; as well as a U.S. govern- ment publication, Th~ Qccupational Outlook Handbook '96- '97. (See note following article.) Luna is one of seven women listed on the interact by NASA as "Notable Women in Mechanical Engineering". You can learn more.about her at: http://quest,arc, nasa.gov/women/bios/bl.htmi. Luna has also worked closely with the national Challenger Learning Center organization through a webchat program sponsored by the Department of Education that featured NASA Scientists and Engineers in September of 1997. Holly Norwood, a chemical engineer and quality control specialist for the Tesoro refinery in Nikiski said she has learned the rewards of academic struggle is worth the effort. On a humorous note. she reminded the audience that she has Bernadette Luna inspires local quest students with visit. inquires as to your popularity stares. "Don't shy away from chemistry, math. computer science or physics," was her advice. Early on, she realized the need to adopt the aggres- sive learning style stereotypical of men. "Don't be afraid. It you don't know, ask. The person next to you probably doesn't know the answer either," she said. Carolyn Bajsarowicz, a reservoir engineer with BP, reflected on a discussion she had with family members as she prepared for college. The options laid out before her were the traditional college expectations of her generatiorn and as a result she choose nursing as her major. She said nursing is an excellent career choice, it just wasn't fight for her. She soon realized the importance of setting your own goals. "College," she said, "will lead you to different paths." She asked the audience to be ready for it and be open to possibility and change. Bajsarowicz said it was her teachers that encouraged her to continue on to graduate school. She said her class had only three women in it, Carol, Carolyn and Caroline. Bajsarowicz found herself pursuing a career as a geologist when oil prices were already low and steadily falling. It took effort, but she was able to secure a great job. Bajsarowicz found herself moving-many times due to her job, eventually to overseas. Bajsarowicz parting advice was regarding motherhood and working. "You don't have to make a choice between work and family. You can balance both." She noted the changing role of men within the family structure and how they now also have to strive to find a balance between work and family. Ginny Litchfield is a fisheries biologist for the Sol- dotna office of the Alaska Department of Fish and Game. She originally set off to college with the intent of majoring in math. While attending a college in another state, she learned her home state offered a $700.00 tuition grant if she changed her major to a major that wasn't currently being offered at a home state college. It didn't take her long to switch her major to biology. She began her current career in Alaska, as a technician. This required her to learn and employ nontraditional skills like running a skiff and out- board motor as well as living in remote locations. She said it's more commonplace now then it was then to find women with these skills. Litchfield naturally excelled in math'and science, but found herself needing to refine her writing skills. She reiterated the need to develop well rounded skills. Maelanie Marquardt, a geophysicist for ARCO, credited a dynamic and challenging junior high instructor as 150 North Willow. Suite 12 · Box 1035 Kenak Alaska 99611-1035 Challenger LearninE Center of Alaska force, her father was a mail carrier and her mother a nurse. She didn't want the students to feel like engineers only came the person who inspired her to pursue a degree in science. She to the skills and education required for specific jobs and told the group that her parents came from a traditional work careers. This is worth looking at! If you are not connected to from families of engineers. A major influence on her was having been raised in Colorado near the Colorado Bureau of Mines. She originally chose geology and switched to geo- physics because she felt it was more applicable to job oppor- tunities available at the time. Marquardt's enthusiasm for her field was evident as she spoke. the net, your local library has a copy or you may contact the Superintendent of Documents, United States Government Printing Office, Washington D.C. 20402 at (202) 512-1800. Dr. Deborah Tannen is a respected author, teacher and researcher in the field of sociolinguistics. Her expertise has been distilled in more than twenty books and countless publications. Tannen offers unique insights on gender com- munications. A few titles are: You Just Don't Understand Peggy Muilins, champion of the panel presentation, had a (Ballantine Books, 1991, ISBN 0345372050); That's Not request of special note. She had contacted the Kenai Penin- sula Borough School District to inquire if they had a mentoring program established. Upon learning they did not, the retired teachers association stepped up to the plate with an offer to set up a program that will pair young women with professional women of a chosen field. She asked attendees to consider participating in the mentor program. Mullins said Luna was in town to participate in conference arranged by the Kenai Peninsula Borough School District. The luncheon was sponsored by the Kenai Peninsula College Student Union, Soroptomists International, Women's Resource and Crisis Center, Kenai Peninsula Women's Caucus, and the Kenai Peninsula Education Association. Mullins encouraged people to contact her when high-profile women are in the vicinity so that similar seminars can be conducted. You may contact ) Mullins at (907) 262-9225. Editor's Note: We applaud the Kenai Peninsula Bor- ough School District in their continued campaign to provide quality educational opportunities for public school children. Continued community support of organizations like those that assisted in organizing and funding the panel luncheon are of equal significance. The response to the conference and panel was overwhelming.. Not everyone that was interested in this event was able to participate, partly due to facility size restrictions, time constraints and funding. On a positive note, it powerfully demonstrates our community's need and desire for additional programs of this nature and content. Those involved with the Challenger Learning Center of Alaska are working diligently to help fulfill this need. In addition to the Challenger simulator, the Board of Directors has considered in its operational design that on a regular basis, quality educational seminars will be offered that are geared to audiences of all ages, abilities and educational backgrounds. We strongly urge you to get involved in the Challenger Learning Center of Alaska project. If you believe in the validity of the Challenger Learning Center of Alaska project and want your child to experience the educational advantage, NOW is the time to participate! To examine the Occu[~ati~nal Outlook Handbook - '96- )'97 recommended by Bernadette Luna, you may access it online at: http://www.umsl.edu/services/govdocs/ooh9697/ 20htm. The handbook is provided on the interact courtesy of the libraries of the University of Missouri - St. Louis. This government publication provides readers with information as What I Meant: How Conversational Style Makes or Breaks Relationships (Mass Market Paperback, 1991, ISBN 0345340906); and Talking from 9 ~o ~- Wom¢II and Men in the Workplace: Language. Sgx and Power (Avon Books, 1995, ISBN 0380717832). r , Challenger Learning Center of Alaska ' C£'CA Presentations ....,~,~.,~ ~,r~.e- & ~- .... . . . : .... :°uard o,~mrec,or,.' Ginger..Steffy.. Du~e.B~nock 'Mmon.Nelson' '" 03lt0/98,; ....... S01d0ma Ch'~~r of PatLa~er Ka~y scott Bob s~em°re '' .... ' ~Vemide'H°use;'Lunche°n presenm Rene'A~.. "'.. '~e..T~ p~Biggs... ~':.": '"':" .':.'~:'.fi0n:noon..:....-':" :"'-~-.. AleJaDeVit°'' '":"De~iSSte~· . ~d. Mc[m ............. '~:~:?"::: .... ' '":'"':::~:':~:~'~'~':~'~'::::~: ~': ...... ':::~:?':~'~':"~::"~"~'" Lofi~Pe~''''' ............... Kathleen Ta~ COlette ~0mPson. 03~3/98,~ ....... Ci~lAk Patrol,....7:~P:m,. ' ". :..' Jo~.W.lia= . ' .'. Doug'.H~er. ' .. 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Challenger Learning Center of Alaska ]50 ~Tol~h ~illow, Suite 12 Box 1035 Kenai, AK 99611-1035 (Please note new address) Carol Freas City Clerk City of Kenai 210 Fidalgo Ave, Suite 200 Kenai AK 99611 Bulk Rate US Postage PAID Permit #4 Kenai, AK 99611 ~966 mlSel¥'!eUe~l cj~:O ~ xo8 ~o~,eu!p~ooo ~,oe[o~d 'ddod u~e!!l!M e)lselY ~o Je~,ue3 8u!uJe~-I Ji~SUalleqO ~H 0 ~ Kenai Peninsula Borough ..... ~.~,..~**:~;~.~.~.~.~-~. Economic Development District, Inc. ECO,OM~C P.O. Box 3029 O~:-LOPf4ENT nis-f'~i*~-C-i-~ET- Kenai~ AK 99611-3029 City of Kenai 210 Fidalgo Kenai AK 99611 8'-= ~'~ ='~'o = ==.~ ~~ ~ -.=~' ~'=~ ~'~= >=~ < V ~-. 0 >~ 0 0 i i _m i I~Y-O3-gEI 11~'58 From:ALASKA MUNICIPAL LEAGUE g0741~35480 T-121] P.01/01 217 Second Street, Suite 2130 · Juneau. AIo~<o 99801 · Tel (907)586-1325, Fax (907)463-54813 To:Mayor and Assembly/Council deliver ASAP) Ad minis trato r/Manage r From: Kevin Eitc~e, Executive Director Date' Sunday, May 03, 1998 Safe Communities/Revenue Sharing: The House passed a 5°~ reduction. Due to your action, the Senate cut was reduced to 2%. The budget conf~ once committee, meeting now, will choose the final cut. Every local official must keep Ul, the pressure with your legislators, and explain the effect of cuts on local taxes and sen ice:~. SB--3-6_Eduea.~ion Funding: AML/ACoM members have had Ir~ ~ponant role in getting the ~',overnor engaged with the legislature in working out a con.;promis¢, and asking legk,..ators add money and eliminate the extreme impacts of the current SB 36. The Oovernor and legislators must continue to hear local support' rt..ore state money for educating our children is demanded; and don't take it from otb:er children around the state or municipal taxpayers. $20 million more for educa! ion l¥om the CBR will not materially affect the state's financial position, but it will signifi :antly help children. Mu:aicipal Capital Matchin~.Gr. antq: Funding was cut in the 2apital Budget released Satta day (from $20 million last year to $15 million). In a speeci.~ be,~.bre the members of AML/ACoM in November Senate Preddem Miller gave strong assurance of support for $20 million because it takes the politics our of capital project ft ndi:ag. This cut also weakens the commitment the state is asking municipalities lo take to implement preventative and deferred maintenance programs. HB 28- Coastal Zone Managem_enLP_ro~a, mRevisio_lts.: HB 28 'has been significantly improved since it was last heard in House Finance. A new verst on is now likely to pass over to the Senate in the next day or two. Though improved, eYeE~' CZM municipality should make sure they are aware of how the HB 28 provisio ns will impact them. HB 1.2 -_Skateboard Park Liability Waiver: This was a top t.ML/ACoM priority. HB 12 passed the House and will be heard in Senate Transportatior Tuesday. Strong Municipal support is critically needed now to overpower oppos ition in the Scnam. Please encourage your legislator to support recreation for youth ia yoar community. SB 264/_263_._NewRoad. Revenue Sharing/Voluntary state r:~ad transfer: SB 264 would increase road revenue sharing from an average of $745h'~i1¢, to nn increazcd 1¢v¢1 of $1000/mile. It is expected on the Senate floor Monday or Tu ~sch[y. Call Kcvin, or Julic at 586-1325 for more information or updata ;s. Member of the National Leaoue of CITies and The National A:.soclotlon et Counties 1791 o 1991 CITY OF KENAI. FAX 210 Fidalgo, Suite 200 ~.Alaska 99611-7794 · ~ Phone 907-283-7~3~ ·" ' Fax 907-283-3014 · .~ , TO FROM Date Number of Pages MAKE 2 2 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: Mayor and Council Fire Department Police Department Senior Center Attorney City Manager Finance Public Works Library Parks & Rec. Airport Engineer Clerk Taylor Springer K¢~ull Clarion AGENDA DIST~.~UTION STP Public Wks. Sec. Public Wks. Shop l Bldg. Maintenanc~ Bldg. Official Streets Dock STP Official Bulletin Board Commissions P&Z to MK HDB to MK Fax by computer to: Assemblymembers KSRM (Attn: Dan Meeks) KBBI (Homer) Kenai Chamber of Commerce EDD Don Hunter, (Daily News/Anchorage) Betty Miller, BP Jon Little (Daily News/Soldotna) Bill Iles, HEA KVCC Joan McCoy, ARCO Fax by regular fax machine: KDLL, 283-6701 DELIVER 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: KENAI CITY COUNCIL MEETING MAY 6, 1998 INFORMATION ITEMS , , e , 1998 Gaming Permit Application - Alaska Wing Civil Air Patrol, Inc. State of Alaska DOT Notice of Proposed Sale of Excess Lands - Property along Spur Highway adjacent to Lots 7 and 8, Block 2 of Kaknu Korners Subdivision, approximately 6,608 sq. ft. in area. 4/98 Resource Development Council, Inc., Resource Review. 3/1 /98 Challenger Learning Center of Alaska, Challenger Log. 1791 o 1991 CITY OF KENAI. FAX 210 Fidalgo, Suite 200 K_~a_i,.,4 ia_ska 99611-7794 '""" Phone 90%283-7535 ·" ' Fax 90%283-3014 TO FROM Date Number of Pages / / 7 AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 6, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www. Kenai.net/ city BOARD OF ADJUSTMENT HEARING- Appeal of Tom/k Vicki Fruichantie BOARD OF ADJUSTMENT HEARING- Appeal of Restaurants Northwest {Burger King) SCHEDULED PUBLIC COMMENT (10 Minutes) o Henry Novak- Cook Inlet Council on Alcohol & Drug Abuse C. PUBLIC HEARINGS , Ordinance No. 1779-98 - 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. ao Remove from table. Consideration and action. , Resolution No. 98-25 - Transferring Funds for Purchase of Airport Master Plan Report. , Resolution No. 98-26 - Transferring $2,500 in the Airport Lands Fund for Airport Lighting Electrical Training. . Resolution No. 98-27 - Awarding a Contract to Wilkes Quality Floors for Kenai Public Safety Building Carpet Replacement- 1998 for the Total Amount of $30,734.00 Which Includes the Base Bid and Additive Alternate. H. NEW BUSINESS , Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 o *Ordinance No. 1780-98 - Increasing Estimated Revenues and Appropriations by $1,156 in the Senior Employment Title V Fund. , *Ordinance No. 1781-98 - Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part-Time Employees. . *Ordinance No. 1782-98 - Appropriating $600,000 of grant Funds for '98 Water System Improvements. , Discussion - Challenger Agreement . Discussion - Scheduling Board of Adjustment Hearing - Denial of Variance for Off-Premise Sign/Tract A-2, Evergreen Tract A Re- Subdivision - Jerry Stock, Appellant. , Approval - Change Order No. 4 - Alaska Regional Fire Training Center/Alcan General, Inc. - $45,643.00. , Approval- Special Use Permit Renewal/T5N, RI 1W, Sec. 9, Lot 3, Patent A-032678, City Dock to Snug Harbor Seafoods. EXECUTIVE SESSION- None Scheduled. Additional information can be found at http://www. Kenai.net/city. The public is invited to attend and participate. Carol L. Frea.s City Clerk