HomeMy WebLinkAbout1998-07-01 Council PacketKenai
City Council
Meeting Packet
July 1, 1998
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
JULY 1, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www. Kenai.net / city
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4.
CALL TO ORDER,
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.
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SCHEDULED PUBLIC COMMENTS (10 Minutes)
PUBLIC HEARINGS
Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for
the Challenger Learning Center of Alaska in the Challenger Capital
Project Fund.
A.
Remove from table.
Consideration of the ordinance.
Ordinance No. 1787-98- Replacing the Current Kenai Municipal Code
Development Requirements Table, Its Footnotes and Addendum.
Ordinance No. 1788-98 - Amending Kenai Municipal Code, Chapter
6.04, Entitled "Voting Qualifications and Procedures."
Resolution No. 98-44- Awarding the Bid to Stephans Tool Rental and
Sales for a Four-Wheel Drive Utility Tractor for the Parks Department for
the Total Amount of $19,995.
Resolution No. 98-45 - Supporting Areawide Leasing Cook Inlet.
'1998/99 Liquor License Renewal- Kenai Country Liquor.
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De
COMMISSION/COMMITTEE REPORTS
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2.
3.
4.
5.
6.
7.
Council on Aging.
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning as Zoning Commission
Miscellaneous Commissions and Committees
ao
Beautification Committee
Historic District Board
Challenger Board
Kenai Visitors & Convention Bureau Board
Alaska Municipal League Report
E. MINUTES
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*Regular Meeting of June 17, 1998.
F. CORRESPONDENCE
G. OLD BUSINESS
H. NEW BUSINESS
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Bills to be Paid, Bills to be Ratified
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e
Purchase Orders Exceeding $2,500
*Ordinance NO. 1789-98 - Amending KMC 13.05.010 to Authorize
Collection of a Surcharge for Violation of a Municipal Ordinance.
o
Approval- Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No.
4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise
Limited Partnership and Dan Roberts.
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Approval- Consent to Security Assignment of Lease - Lots 1 and l-A,
Aleyeska Subdivision Part 3/Jim C. & Erika E. Singree.
Discussion- Scheduling Board of Adjustment Hearing- Appeal of
Planning & Zoning Commission Approval of Amending the Conditional
Use Permit PZ95-30 to Include a Crushing Plant and an Asphalt Plant
for the Property Described as Tract 6, Horseshoe End at River Bend
Subdivision - Appeals filed by John Coston, Dee Anna & Nolan T.
Compton, C.H. & Donna Tomlinson, Victor & Joan Herr, Gordon & Patsy
Gilford, James A. Krein and Lloyd & Jennifer Richardson.
,
Discussion- Professional Services Contract- James E. Carter.
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10.
was provided. The report was completed following the CLG guidelines
and relevant information from the Historic District Board's agendas for
last year. The meeting minutes for the last year were also included.
Kebschull noted the walking tour brochure was not included with the
report as it was completed after the deadline date. The brochure will be
included in next year's report.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD: - None
BOARD (~IIESTIONS AND COMMENTS
Wik asked why Mike Huhndorf resigned. Gray replied, he resigned at the last
meeting held. Wik asked if there was a letter of resignation. Gray confirmed
there was a letter with a very simple statement. Wik asked if a copy of the
letter would be included with these minutes. The Board attempted to
determine when the letter was received and Kebschull noted it was not
included in the April 20, 1998 packet as it was received late so she handed it
out at the meeting. Wik asked if the letter of resignation would be included in
this meeting (June 15) minutes since there was no meeting in May. Kebschull
answered, Huhndorfs resignation is included on the May meeting agenda and
these meeting packets are retained whether there was a meeting or not. Wik
asked that Huhndorfs resignation become a part of the record. It was noted
the Board now is lacking two (2) members.
Gray reported that she met with Henry Knackstedt and thought perhaps he
would be interested in being a member of the Historic District Board. He did
say he was on the Airport Commission. Knackstedt will provide Gray with a
copy of an old map of when the City of Kenai was first incorporated. The map
includes notations of various things in the village and should be available for
review at the next meeting.
Richard reported she talked to Dorothy Lentz about the Historic Board but
didn't hear anything back from her. Lentz lived in Seward for many years
before moving to Kenai.
Richard asked why the meetings couldn't be held less often, such as quarterly.
Gray stated the ordinance requires meetings to be held twice per year.
Kebschull added, since the grant and the Preservation Plan is complete the
Board should consider meeting less often with the option of having special
meetings to deal with items requiring Historic Board Review. This can be an
item discussed at the work session with City Council. Kebschull noted the
CLG requires two meetings per year and the City could set other guidelines if
they so desire.
HISTORIC DISTRICT BOARD MEETING
June 15, 1998
Page 4
11. IKFORMATION
Historic District Board Roster
1997 Annual CLG Report
Information supplied to Council regarding Historic District Board
Memo from Clerk Freas dated 6/2/98 regarding Excused Absences
"Preservation Advocate New" --- May 1998
Letter from U.S. Department of Interior regarding "History on the
Line"
12. ADJOUR//MENT
MEETING ADJOURNED AT 7:40 P.M.
Respect~lly submitted,
Barbara Roper, Cor~tr~t Secretary
HISTORIC DISTRICT BOARD MEETING
June 15, 1998
Page 5
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Discussion - Kenai Municipal Airport/airport Terminal Smoking Policy.
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ADMINISTRATION REPORTS..
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works
7. Airport Manager
J. DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - Evaluation of City Manager.
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ADJOURNMENT
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Suggested by: Administration
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City of Kenai
ORDINANCE NO. 1786-98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
APPROPRIATING $60,000 FOR DESIGN SERVICES FOR THE CHALLENGER
LEARNING CENTER OF ALASKA IN THE CHALLENGER CAPITAL PROJECT
FUND.
WHEREAS, the City has agreed to provide construction management and
accounting for the construction of the Challenger Learning Center; and
WHEREAS, the non-profit Board of Directors of Challenger Learning Center of
Alaska has requested that the City begin the design process; and
WHEREAS, all funding of this phase of the project shall be contingent upon
Challenger funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following appropriation be made:
Challenger Capital Project Fund
Increase Estimated Revenues:
Miscellaneous Revenue
$60,000
Increase Appropriations:
Administration
Engineering
$ 6,000
54,000
$60,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of
July, 1998.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(5/29/98) kl
Introduced:
Adopted:
Effective:
June 3, 1998
July 1, 1998
July 1, 1998
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
M emoranClum
Date:
To:
From:
June 24, 1998
Mayor and Council
Richard A. Ross, City Manager~
Ordinance No. 1786-98
The Administration recommends that the Council does not enact
Ordinance 1786-98.
On June 24 in a telephone conversation with NASA, the City
Administration and Challenger representatives, the following information
was obtained.
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NASA will deal directly with Challenger as the grantee. They
are set up to work directly with the non-profit on the
construction project, as long as the non-profit has
construction management in place. It is Challenger's intent
to do this through contractual arrangement with the
architect/engineering firms they have selected.
Under the above conditions the City of Kenai will not be
receiving the NASA funds or be responsible for their
distribution through appropriation or contract award. The
City will not be responsible for grant administration or
construction administration.
0
Challenger President Steffy and Director Popp requested of
the City that Mr. La Shot continue to participate with the
Challenger construction committee in an advisory capacity.
Memorandum to Mayor & Council
June 24, 1998
Page 2 of 2
Mr. Robson from the Borough also assists them in this
Capacity. Neither the City Attorney nor myself see any
problem with Mr. La Shot providing advisory assistance to
the Challenger Board.
The relationship of the City of Kenai, Challenger Learning Center of
Alaska, the National Challenger organization and NASA would be as
follows:
,
Challenger Learning Center of Alaska is the grantee and
responsible to NASA for the operation of a Challenger Center.
Should a Challenger Learning Center cease to operate in the
facility, NASA reserves the right to make other disposition of
the facility.
e
Challenger Learning Center of Alaska is responsible to the
National Challenger Organization for the operation of the
program. Should the program not operate then the National
Challenger organization has control over disposition of the
modules.
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The City of Kenai will lease the land to Challenger Learning
Center of Alaska. Within the lease language the City Council
and Challenger can negotiate the level of support and special
conditions which were previously set out in the Memorandum
of Understanding. Should a Challenger Learning Center
cease to function, the City's lease would revert to a standard
lease without special conditions.
RAR/kh
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1787~98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE
CURRENT KENAI MUNICIPAL CODE DEVELOPlt~NT RE(~~MENTS TABLE,, ITS
FOOTNOTES AND ADDENDUM.
WHEREAS, the current Development Requirements Table is unclear and causes confusion;and
WHEREAS, clarifying the table by noting lot size requirements and setback requirements, and
updating definitions and foomotes as necessary will alleviate confusion; and,
WHEREAS, the Addendum to Development Requirements Table needs updating to reflect
current information under "Additional Requirements" and to include an "Administrative
Exemptions" note; and
WHEREAS, the Development Requirements Table and its addendum should read as shown on
the attachments;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of.Kenai, Alaska that
KMC 14.20, Development Requirements Table, and the Addendum to Development Require-
ments Table, are hereby amended to read as per the attachments hereto.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the l~t day of July, 1998.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
June 2, 1998 (sp)
Introduced:
Adopted:
Effective:
June 17, 1998
July 1, 1998
August 1, 1998
~. Z Z Z Z
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ADDENDUM TO DEVELOPMENT REQUIREMENTS TABLE
ADDITIONAL REQ~~~S:
Minimum Yards'
Yards for Corner Lots' The minimum side yard on the street side, or platted right-of-
way, or government easement, of a corner lot shall be the same as the minimum front yard
required for that zone. (Ord. 1635-95)
Maximum Heiehts:
Height Limitation of Structures Near Airport: All structures in aircraft-approach zones
and within 8,000 feet of the main runway shall be subject to height limitation on the basis of
obstruction criteria as shown on [A MAP ENTITLED "OBSTRUCTION CRITERIA," ON
FILE WITH THE AIRPORT MANAGER] the current FAA-ao~roved Kenai Aimort Master
Plan drawings which are 0n file at Kenai Ci_ty Hall.
ADMINISTRATIVE EXEMPTIONS:
Setbacks'
The administrative official may reduce setback reauirements ur) to ten (10) vercent
based on submittal of a plot plan or an as-built survey, Any such action by the administrative
official shall be placed on the consent agenda of the Planning & Zoning Commission for
approval. Such items li~ted on the consent agenda are considered routine and will be approved
by one motion, There will be no separate discussion of the item unless a member of the
Commission so requests, in which case the item will be removed from the consent agenda and
considered in its normal sequence of the agenda as part of the general reports,
Title 14 - 72 CITY OF KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ 98-29
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE 14.20 KENAI ZONING
CODE, DEVELOPMENT REQUI~MENTS TABLE.
WHEREAS, the Planning and Zoning Commission determined that the current table is unclear; and
WHEREAS, the Planning and Zoning Commission believes that clarifying the table by noting lot
size requirements and setback requirements, and updating definitions and footnotes as necessary
will alleviate confi~ion; and,
WHEREAS, the Planning and Zoning Commission held a public hearing on June 10, 1998; and,
WHEREAS, the Planning and Zoning Commission determined
Requirements Table should read as shown on the attachment.
that the Developmem
NOW, THEREFOr, BE IT RESOLVED THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDS KENAI CITY
COUNCIL AMEND KMC 14.20, DEVELOPMENT REQ~~MENTS TABLE.
PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 10~ day of
June 1998.
,~TEST: Plar~nihg Sec~.~~
Chairperson
Suggested By: City
CITY OF KENAI
ORDINANCE NO. 1788-98
AN ORDINANCE OF THE COUNCIL OF THE cI'rY OF ~NAI, ALAS~ AMENDING
KENAI MUNICIPAL CODE, CHAPTER 6.05, ENTITLED VOTING QUALIFICATIONS AND
PROCEDURES.
Whereas, the State of Alaska Legislature funded the Division of Elections to upgrade
voting devices and machines to a new electronic system; and,
Whereas, the Kenai Peninsula Borough has chosen to utilize the same electronic
system and no longer use punch-card voting; and,
Whereas, the City of Kenai and Kenai Peninsula Borough hold their regular elections
on the same day in order to decrease election costs and increase voter turnout; and,
Whereas, the Borough, acting as the counting center, will continue to count City of
Kenai ballots as well as Borough ballots with the new electronic equipment; and,
Whereas, the new electronic election equipment will be available for the City's use for
special elections if requested.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Kenai, Alaska to
amend Kenai Municipal Code, Chapter 6.05 as follows:
6.05.110 Conducting an Election; Canvassing Returns: Alaska Statutes,
[SECTIONS 15.15.080 TO 15.15.370] Chapters 15.15 through 15.20 and any
amendments .thereto, shall apply to the City elections insofar as they do not conflict
with specific City ordinances. The precinct election boards shall deliver to the City
Clerk one copy of the certificate with the results of the vote in the precinct, the
registers signed by persons voting, all ballots cast, all ballots improperly marked,
damaged, or unlawfully exhibited, and all oaths, affirmations, and affidavits to the
Council as provided by KMC 6.05.130. The Chair[MAN] of each precinct election
board shall retain possession of a duplicate copy of the results which may be
destroyed when twenty (20) days have elapsed after the election unless the city Clerk
or the City Council requests its delivery.
6.05.180 [PUNCH-CARD] Voting - Authorized: The election official may provide
for [PUNCH-CARD] voting at one or more voting places for one or more questions or
offices on [THE] aballot.
6.05.200 [PUNCH-CARD VOTING - USE OF COMPUTERS] Voting Devices and
Machines: a. Voting devices and machines will be used for all regular_ arid
special elections unless determined not to be practical by the Clerk. The laws of the
state concerning voting devices and machines are incorporated in this chapter as if
fully set out in this chapter except for provisions in conflict with this chapter.
b. The election official shall designate the computers to be used in counting
the ballots and may negotiate and contract with the Kenai Peninsula Borough or a
private computer service for the needed computer services. [STICKERS MAY NOT BE
USED ON PUNCH-CARD BALLOTS. USE OF STICKERS ON PUNCH-CARD BALLOTS
CAN CAUSE THAT PORTION OF THE BALLOT TO BE INVALIDATED.]
6.05.190 [PUNCH-CARD] Voting - Boards: The election official shall appoint a
receiving board and a data processing control board, each consisting of three (3)
members. The election official shall appoint a chair[MAN] of each board and
administer the oath prescribed for election judges to bOth chairs[MEN] who shall
administer the oath to the remaining members of their respective boards. A vacancy
on a board shall be filled by the election official.
6.05.210 [PUNCH-CARD] Voting-..Tests and Securi _ty: No later than one (1)
week before the election, the computer [PUNCH-CARD] vOte counting program must
be tested in the presence of, and to the satisfaction of, the data processing control
board.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the first day of July,
1998.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
clf
(6/10/98)
Introduced:
Adopted:
Effective:
June 17, 1998
July 1, 1998
August 1, 1998
Ordinance No. 1788-98
Page 2 of 2
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GLOBAL ELECTION SYSTEMS
800-433-8683
FAMOUS NAMES DEMONSTRATION BALLOT
Completely fill in the oval opposite the name of each candidate you wish to vote for as shown
COMMISSIONER OF
PLAYWRIGHTS
(vote for ONE)
NElL SIMON (~
ARTHUR MILLER
TENNESSEE WILLIAMS
LILLIAN HELLMAN 0
EUGENE O'NEILL
, ,, ,
QUESTION
Do you favor a National Lottery Administered by the Federal
Government?
YES (~
NO
AMBASSADORS OF THE AMERICAN MUSICAL COMEDY
(vote for ONE pair)
RICHARD RODGERS and OSCAR HAMMERSTEIN ..................................
ALAN JAY LERNER and FREDERICK LOEWE ....................................... (~
GEORGE GERSHWIN and IRA GERSHWIN .......................................... (~
QUESTION
Shall the City of Anytown, USA issue and sell its General Obligation Bonds in an amount not to exceed $150,000,000. for the purpose
of providing monies for the construction and equipping of a new Domed Stadium?
YES 0
NO 0
TURN BALLOT OVER TO CONTINUE VOTING
GLOBAL ELECTION SYSTEMS
"~1~'~ ~ ~ ~ . . . ~1"
FAMOUS NAMES DEMONSTRATION BALLOT
Completely fill in the oval opposite the name of each candidate you wish to vote for as shown
PRESIDENT
(Vote for ONE)
THOMAS JEFFERSON ............................. ~
ABRAHAM LINCOLN .............................. ~
JOHN F. KENNEDY ................................ ~
DWIGHT D. EISENHOWER .......................... ~
FRANKLIN D. ROOSEVELT ......................... ~
COMMISSIONER OF
AMERICAN LITERATURE
(Vote for ONE)
ERNEST HEMINGWAY ~
WILLIAM FAULKNER
JOHN STEINBECK ~
SINCLAIR LEWIS
MINISTER OF
TRANSPORTATION
(Vote for ONE)
AMELIA EARHART ~
CHUCK YEAGER ~_~
ORVILLE WRIGHT
NElL ARMSTRONG
POET LAUREATE
(vote for ONE)
MARIANNE MOORE
ROBERT FROST
CARL SANDBURG
T. S. ELIOT
EZRA POUND
MINISTER OF
COMIC RELIEF
(Vote for ONE)
LUCILLE BALL
BOB HOPE
CAROL BURNETT
LILY TOMLIN
COMMISSIONERS
FOR NATIONAL PASTIMES
(Vote for TWO)
JIM THORPE (~
BILL RUSSELL
JOE DIMAGGIO · ~
PEGGY FLEMING
MINISTER OF ART
(Vote for ONE)
ANDREW WYETH
ALEXANDER CALDER
TURN BALLOT OVER TO CONTINUE VOTING
(::::)
CITY OF KENAI
RESOLUTION NO. 98-44
Suggested by: Adminis ......
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI,-ALAS~, AWARDING
THE BID TO STEPHANS TOOL RENTAL AND SALES FOR A FOUR-WHEEL DRIVE
UTILITY TRACTOR FOR THE PARKS DEPARTMENT FOR THE TOTAL AMOUNT OF
$19,995.
WHEREAS, the following bids were received on June 24, 1998:
BIDDER MAKE/MODEL TOTAL
Craig Taylor Equip. Co.
Stephans Tool Rental & Sales
John Deere Model 4600
Kubota L2900-GST
$21,850
$19,995
WHEREAS, Stephans Tool Rental and Sales' bid meets the bid specifications, and
WHEREAS, the recommendation from the City Engineer and the Parks & Recreation
Director is to award the bid to Stephans Tool Rental and Sales, and
WHEREAS, the Council of the City of Kenai has determined that Stephans Tool Rental
and Sales' bid 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 the bid for the Four-Wheel Drive Utility Tractor for the Parks
Department be awarded to Stephans Tool Rental and Sales for the total amount of
$19,995.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of July
1998.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Cler ,1~,
Approved by Finance:
Suggested by: 1~..~.
CITY OF KENAI
RESOLUTION NO. 98-45
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING
AREAWIDE LEASING IN COOK INLET.
WHEREAS, approximately 97% of the 4.2 million acres within the Cook Inlet Areawide
boundary has been offered for lease before; since 1959, 41 lease sales have been held
in the Cook Inlet area, with a total of 13.3 million acres offered and 6.02 million acres
leased; and nearly 1,000 wells having been drilled; and,
WHEREAS, extensive monitoring programs and environmental studies conducted
throughout the Cook Inlet basin over the last four decades have found no evidence of
diverse environmental impacts from oil and gas development; and,
WHEREAS, Cook Inlet oil and gas operations have coexisted for three decades with
the region's commercial and sport fisheries; and,
WHEREAS, oil and gas production in Cook Inlet contributes a total of approximately
$250 million on the Kenai Peninsula annually through investments, salaries, taxes
and royalties; and,
WHEREAS, the oil and gas industry is the foundation of the state's economy and is
the lifeblood of many Southcentral Alaskans.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that it supports the areawide leasing in Cook Inlet.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this first day of July,
1998.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Cook Inlet Areawide Lease Sale --
Points to make
Cook Inlet has a long, successful history
of oil and gas development
· Approximately 97% of the 4.2 million acres within the Cook
Inlet Areawide boundary has been offered for lease before.
Since 1959, 41 lease sales have been held in the Cook Inlet
area, with a total of 13.3 million acres offered and 6.02 million
acres leased. Nearly 1,000 wells have been drilled.
· Extensive monitoring programs and environmental studies
conducted throughout the Cook Inlet basin over the last four
decades have found no evidence of adverse environmental
impacts from oil and gas development.
· Cook Inlet oil and gas operations have coexisted for three
decades with the region's commercial and sport fisheries.
Southcentral Alaskans depend on
Cook Inlet energy resources to heat
and light their homes
· Cook Inlet is the sole source of natural gas used by
businesses and residents of Southcentral Alaska. More than
80 percent of the electricity generated in the region is pow-
ered by natural gas.
· Development of new Cook Inlet gas reserves will ensure an
abundance of clean, Iow cost energy for Southcentral Alas-
kans. Current fuel bills are 40% below the national average.
oil and gas industry is the
foundation of Alaska's economy
· The oil and gas industry is the foundation of the state's
economy and is the lifeblood of many Southcentral Alaskans.
· Oil and gas revenues from production statewide represent
nearly 80% of the state's total unrestricted revenue. Since oil
roduction began in Alaska, the state has received more than
$45 billion in taxes and royalties.
· Cook Inlet area companies employ more than 1,600 work-
ers on staff and hundreds more on contract.
· Oil and gas production in Cook Inlet contributes a total of
approximately $250 million on the Kenai Peninsula annually
through investments, salaries, taxes and royalties. Oil and
gas property represents nearly 30 percent of the assessed
taxable property on the Kenai Peninsula.
· Cook Inlet oil and gas operations produce gasoline, pro-
pane, butane, jet fuel, bunker fuel, oil, heating fuel and
asphalt for Alaska markets.
Oil and gas development has
improved the quality of life in Alaska
· Oil and gas revenues fund a significant portion of public
services and capital projects, including community centers,
recreation complexes, habitat enhancement, parks and rec-
reation, public waste disposal sites and public sewer and
water systems.
· in Anchorage, oil revenues built the Tony Knowles Coastal
Trail, the Loussac Library, the Performing Arts Center, the
Sullivan Arena and contributed to the growth of the University
of Alaska Anchorage campus.
Areawide oil and gas leasing program
makes sense in competitive global market
· The oil and gas leasing program allows businesses to plan
ahead by providing a consistent and predictable schedule of
annual sales.
· Areawide leasing makes sense in an extremely competitive
global market. Alaska's competitors are resource-rich coun-
tries abroad with policies and practices that make them much
more attractive to investors. Areawide leasing will go a long
way in keeping Alaska competitive.
More facts to use
Economic Benefits
· In FY96, Southcentral communities received $7.6 million in
petroleum property taxes. Kenai received $6.5 million;
Anchorage $1 million; and Matanuska-Susitna $0.8 million.
· The state is expected to receive nearly $61 million in
severance taxes and royalties from Cook Inlet oil and gas
production in FY97; including $22 million in royalties from
Cook Inlet gas production, $21 million in oil royalties, and
$17.7 million in gas severance taxes.
· Petroleum revenues paid to the state also benefit
municipalities and boroughs. General fund revenues are
allocated to municipalities and boroughs through municipal
assistance, revenue sharing, community development grants,
special operating grants, capital project funding and education.
Wildlife considerations
· Accoi'~ling to the Alaska Department of Fish and Game, the
Cook Inlet Basin represents about half of the total statewide
sportfish harvest; the number of Alaskans participating in
sport fisheries and the average number of days spent fishing
have both gradually increased.
· Commercial fishing has continued to thrive during the 40
years of oil industry operations in the Cook Inlet Basin.
Cook Inlet Areawide Lease Sale
General overview
Areawide leasing was endorsed by a unanimous vote of
the Alaska Legislature. The Areawide Leasing Program
allows entire regions, such as the Cook Inlet Basin that has
been leased extensively in the past, to be offered for lease
yearly in an areawide block. This helps reduce redundant
Best Interest determinations by the Department of Natural
Resources that were required each time a lease was held.
The new areawide lease sale program eliminates
inefficiencies in the old program and allows businesses to
plan ahead by providing a consistent and predictable
schedule of annual lease sales. Under the.new program, oil
companies will have a better chance of securing exploration
capital for Alaska projects to explore and develop new
reserves, translating into jobs, local revenues, and a stable
economic base.
Approximately 97 percent of the 4.2 million acres within
the Cook Inlet Areawide boundary has been offered for
lease before. However, not all of the acreage within the
Areawide boundary is available for leasing. For example,
Chugach State Park has been deleted from the lease sale,
as well as other areas, including sensitive habitat zones.
Federal lands are also excluded, including Chugach National
Forest, Kenai National Wildlife Refuge and Kenai Fjords
National Park. Native corporation lands and Mental Health
Trust holdings also are not available for leasing.
Forty-one lease sales have been held in the area since
1959. The oil industry's 40-year track record in Cook Inlet
has shown that oil and gas development and environmen-
tal protection are not mutually exclusive.
The lease sale does not directly authorize exploration
and development. More than 100 permits may be required
from different agencies to develop a site. In addition, more
than 80 mitigation measures and stipulations are attached
to the sale.
New development resulting from the proposed lease
sale will ensure Southcentral Alaska retains adequate
supplies of clean and inexpensive natural gas to he~
homes and businesses.
What do Alaskans think?
Two-thirds of Southcentral Alaska residents support the
state's plan to conduct an areawide lease sale in the Cook
Inlet region, according to a recent public opinion survey.
The survey, conducted by Dittman Research Corpora-
tion for the Alaska Oil and Gas Association, included a total
of 605 Alaska residents on the Kenai Peninsula, in the
Anchorage area and the Matanuska-Susitna Valley.
The survey found that 65 percent of the people surveyed
support the concept of areawide leasing, 14 percent were
unsure and 22 percent were opposed. More than half
reported that they would be more likely to support the lease
sale if they knew Cook Inlet gas was the sole source of gas
used to heat and light homes in Anchorage, Kenai and the
Mat-Su Valley, and that natural gas production from Cook
Inlet was declining.
Reasons cited most often for supporting the areawide
lease sale were economic benefits and job opportunities for
Alaskans. Of those who were opposed, concerns fell into
three categories -- property issues, lifestyle/safety effects
and environmental sensitivity.
On a local level, most feel that oil and gas exploration
and production on the Kenai Peninsula and in the Cook Inlet
area has been good for the people in their communities.
Alaskans trust the oil industry's past environmental
performance. More than three out of four people surveyed
believe oil and gas development in the Cook Inlet and Kenai
Peninsula areas has been conducted in an environmen-
tally-safe manner. And nearly 70 percent felt the oil industry
has a good track record and cares about being a got
neighbor.
STATE OF ALASKA
TONY KNOWLES, GOVERN
DEPARTMENT OF REVENUE
ALCOHOLIC BEVERAGE CONTROL BOARD
550 W. 7TH AVENUE, STE. 3.,0
Anchorage, Alaska 99501-6698
Phone: 907-277-8638
Fax: 907-272-9412
June 11, 1998
Carol Freas, Clerk
City of Kenai
210 Fidalgo Suite 200
Kenai, AK 99611
~ CLE
Dear Ms. Freas'
We are in receipt of the tbllowing application(s) for renewal of liquor license(s) within the City
of Kenai. You are being notified as required by AS 04.11.520. Additional information
concerning filing a "protest" by a local governing body under AS 04.11.480 is included on page
two.
Package Store
Kenai Country Liquor
CC'
Kenai Peninsula Borough
JUN-24-98 NED 13:59
KENfiI PENN BORO CLERK
F~× NO' 9072628615
ENA! PENINSULA BOI
144 N. BINKLEY ' SOLDOTNA. ALASKA ·
BUSINESS (907) 252-8608 ' FAX (g07)
'-~. EMAIL: assemblyclm, k@borough.kenai.ak.us
June 24, 1998
LINDA MURPHY, CMC
BOROUGH CLERK
Ms. Donna Johnson
Records & Licensing Supervisor
Alcoholic Beverage Control Board
550 W. 7th Avenue
Anchorage, AK 99501-6698
ApPlication for Renewal of Liquor License
Dcar Ms. Johnson:
Plcasc be advised that thc Kenai ?¢rfir~sula Bomu~a has no objection to the approval of the following
application for renewal of a liquor license for this establishment,, located in the City of Kenai,
Alaska:
Eackage Store
Kenai Country Liquor
The Kenai Perfin~ula Borough Finance Department has reviewed its files and has raised no objection
ba~cd on mspaid or delinquent ri.xes.
Sincerely,
(~~'~~/Lirtda iS. M ~Y~a~hy, C MCTAAE
Borough Clerk
cc.'
Applicant
Cky.of Kenai
KPB Finance Deparunem
File:
:D. Wl'Wh'%r~^?A'v~¢lbXAbcq~nersUt.~.;l~]:;W~eu~l in Ch'y.~,,1~d
Alcoho~ Beverage Con~ot ~
550 WT. 7th. Avenue, Suite 350
Anchoragl,:.A. la~a 99501
(907) 277-~'
LIQUOR LICENSE APPLICATION
(Please read separate Instructions)
,.
>.I:~,,~::
PAGE 1 OF 2
8end M 1 Mid 2 ti Um AIC IM/d.
Keep Pit $IM yeur k.
This ,~pllc~lon I. for: (chec~ one) 1~. Two Year I-i Seasonal - Dates of operation not to exceed 12 mos.
· CTION A. LICEN.~E INFORMATION. Mu,* be com~.d for all types of ,ppllcltona.
'MAppk:etion--"-'~--. ~ ,.--------__~lRMerence [For License Year~ FedemlEIN UcenleFee $
"01m~'l:]~w Nunt)w If renewa~xercisec~ or ~ctive at least 30 eight-hour Penalty (if
· E] Tmnl/er of days dunng each of the two preceding calendar years? (AS 04.11.330(3}) applicable) $
If no, q:M(:ilon will be clenled unlM4 Wl~en re(pa,* for
ucwm. Hok~ I~ YES wlw of operation IB .ptxoved by the Akx)h~ Bevefmge , Total
[-I P, doci~n / 3 ~(~ E] NO_~ , control Board. Submitted $ /7.~.'~. --"
Enter II~:)lk:4mt'a or trenMeree'l nlme end melting //[~ BUlinlel Al (Bullneel N~~~--~~~ C, ommunly Oouncl IMrne end Milling Addreea
/~ ° ~' .~ ~ ~ ' / /[-~~'~ , A ~ '7¢t//
E! 'rill. I~A NEW MAILING ADORE. ~ ( ~ ~ 7) ,2 oc, ::? _ _~ ~ ~ ~:~ ,
SECTION B. PREMISES TO BE UCENSED. Mu,* be comps, for N.w.n, ReiocMlon e~McMWna.
Close,* School (troun~:
Cloeeet Church:
I
I D AS04.11.410 OR
I l-1 Loc.l~No.:
18 Ioc,*lon of premi~.e greeter then or W than 50 alee/rom the boundiitM of a
municipality (tnco~=omted city. borough or unified munidpMly)?
I'"1 (~reeter man Fa) rnllee D L~ than 50 mlle~ D Not,~e
Pr~ to be lioens~d ii:
!-'1 Exletin~l Fac~l~ O NMv Bulidln~l 0 Pro~)o~ed Buklin~l
D Pans .ut)mm.~ to Fke I~il (Requk~cl for new .nd pfopo.ed bulldmge)
!-'1 Dl~mm of Prlm~el AttechdKI tlF),lc~uired for' d New ~ FIMocMJ~ ~)
SECTION C'. RENEWAL INFORMATION. Must be completed for Renewal applications.
I
Haa licensed premises where alcoholic beverages are!
sold. sewed, consumed, possessed end/or stored been
i
changed from the last diagram submitted?
[::] YES [~' NO
Has the statement of financial interest changed from the
last statement submitted?
YES [] NO
PACKAGE ~rORE. Il thi= m mn~wml of the annual
nobce required under 16AAC 104.645 to ~MI aJ(a)holic
beveragM in r~ to w~ erdem?
!-I YES r-'l NO W/~,
~TION D. TRANSFER INFORMATION. Mu,* b. con~ed for Tren.fw of Llcln# I-Iok:ler ~ P4doMllon ~ only.
.... iwMuntaryTranMer. A~ach documen~whtm evldonce ~r underA8 04.11.670.
r'l ~ Trl)Mer. Any inemJnw~ exe(wted undM A8 04.11.670 for pufpm4e of
.pplylng A8 04.11.360(4XB) In · ietM' involunM.y tan.far, mu,* be filed wth thl.
~ (15AAC 104.107). nse~ or pemm.~ ixop.~/conveyed wire m~. tan.far i:
(Attach extra .hNt. ff
NimM.) ~ Milling ~ of Currant Uctteee(I)
BEFORE TRANSI::ER, Doing Bulinelt M: (Bulineel Nerne)
BEFORE TRAN~4=ER, 8tre,* AdoYe~ or Location
SECTION E. CORPORATION INFORMATION. Mu,* m, corW,*,, applicant or co-iq:~tclmt Is a corporation. (AS 04.11.390)
~mta Name Doing Buslnees As (Bu$1neel Name) Date of Inco~memtion In Alaaka
IVlMing Adclrl~ Stre,* Acldmss or Locat,Ol~ of
~ o . 8of. z~ ¢! _lq
C~y. State. ZIp Code O~y ~ State Co,pemte Office Plxme No.
I~ the ~ nenr~d ~ In go<xl ~ W~l the 81~e of Fl~l~ter~l Agent (Name
Alelim, DepI. tment of ~ II1<1 Economic Devek~mlent?
~YES O NO /~~
C~ATION DIRECTOR8 AND BTOCKHOLDE~ (Ule IddlUomil Iheetl ff nenllllry) %
,
FulI Nlme (Do not uae InllMI) Home Addrell Dire of Bldh Ownemhlp
_~.~,u~/~l t-o,,._,,~" , /m~ ,~~,. ~. 5~~,~,.¢.:.D~.,,:,t,/~,:~,~" ' f/-~-~¢ ~,,~-
...
.~:,.&~
,
,,-,iS AREA OFFICE USE ONLY
Form 04-901 Page 1 (Rev 6/95)
A .L~SKA..UQUOR LICENSE APPUCATION PAGE 2 OF 2
SECTION F. INDMDUAL/CORPORATE OFFICER INFORMATION.
epplcent or ~t I~ · cixpM/k)n, Ihe ~ ~ must include the PTeMdent, Vlce-Pmlldent, 8eoNllry end TmMurer/, .~.~M png~ ~ nemmee~.
om/, ems, z]~ Oode ·
Home Addrm. (w merest m)m Ming eddN~)
DMeMBkth J Home Phone I WmkPhone
Length ot AIMki ~ I/~i~ecoqxNIIk)n, identlfythaco~orateofflceyou
o~y, ems, zip Oede
Home Addrell (I/dlfferem/lorn ITIIllng Iddrell)
Date M Birth I Home Phone I Wo/k Phone
Length M AJeekJi FleM:lency Ifep~ltcentlsacoqmretlon. Idenl~thecorpor~eo~y~
hold.
SECTION G. INDIVIDUAL/CORPORA?~ OFFICER BACKGROUND. Uu. ~ co.~ed ~or ~ ~n~ ot appllcedons.
Does any IndNiduM or coqmrMe M/icM named Mmve now have any direct or Indirect interest in any other Mcoholin beverage twelneee licensed In AiMka or any other Itlte?
CJ NO [~ YES
If never having filed or since filing of the last application, has any individual or corporate Qfficer listed above been convicted of a felony, a violation of AS 04, or been convicted
a~ a licensee or manager of licensed premises in another state of the liquor laws of that state?
~' N_O D YES
SEC'i ION H. DECLARAiiON, MuM ~ M,~ i~ o,,~;ed ~y M,~ ~k~. , ,
I declare under penally of perjury that I have examined this application, including lhe accompanying schedules and statements, and to lhe
best of my knowledge and belief it is true, correct and complete, and this application is not in violation of any security interest or other
contracted obligations.
I further certify that I have read and am familiar with Title 4 of the Alaska statutes and its regulations, and that in accordance with AS
04.11.450, no person other than the applicant(s) or li.censee(s) has any direct or indirect financial interest in the licensed business.
I agree to provide all information required by the Alcoholic Beverage Control Board in support of this application.
If application is for a Beverage Dispensary or Package Store license, I certify that each applicant named on this application has resided in
the state of Alaska for at least one year prior to the date of this appllcation;'and/or the applicant Is a corporation registered and qualified to
do business tn the state of Alaska for one year prior to the date of this application, or all of the shareholders have resided in the state of Alaska
for at least one year prior to the date of this application.
$1GNA'rURF.(S) OF CURRF. NT LiCE~(S) (APPLICANi-i
c,'. -,. _
v - ...- - , ;
Form 04-901 Page 2 (Rev 6/96)
SleNA~UI:IE(S) OF TRA~SF~_REE(S)
dlyOf
NOTARY PUBLI~ IN AND FOR ALASKA
ITEM 1'
KENAI AIRPORT COMMISSION
JUNE 11, 1998
Kenai City Council Chambers
Tom Thibodeau, Chairman
*"AGENDA***
CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3:
APPROVAL OF MINUTES - May 14, 1998
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5:
OLD BUSINESS,
ITEM 6:
a.
NEW BUSINESS
Airport Development
1. Jim Carter
2. City Manager Rick Ross
ITEM 7:
a,
AIRPORT MANAGER'S REPORT
Taxiway Project Update
Airport Manager Search Update
May 1998 Enplanement Report
ITEM 8:
ITEM 9:
COMMISSIONER COMMENTS AND Q. UESTIONS
PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
INFO~TION ITEMS
Kenai City Council Meeting Action Agenda 5 / 20 / 98 and 6 / 3 / 98.
6 / 2 / 98 CLF memorandum regarding "excused absences."
5/22 / 98 letter of appointment to Bob Favretto.
Updated Airport Commission Membership List
ITEM 11: ADJOURNMENT
KENAI AIRPORT COMMISSION
June 11, 1998- 7:00 p.m.
Kenai City Hall Council Chambers
Chairman Thomas Thibodeau
MINUTES ***
®
e
e
®
®
®
CALL TO ORDER AND ROLL CALL
Vice Chairman Knackstedt called the meeting to order approximately 7:00 p.m.
Members Present: Ron Holloway, Henry Knackstedt, Bob Favretto, Bonnie
Koerber, Lucy Lorenzen,
Members Absent: James Bielefeld, Tom Thibodeau
Also Present:
City Manager Rick Ross, Acting Airport Manager Keith
Holland, Councilman Raymond Measles, Contract
Secretary Barb Roper
AGENDA APPROVAL
KOERBER MOVED TO APPRO~ THE AGENDA.
HOLLOWAY.
MOTION SECONDED BY
Holland requested that City Manager Rick Ross and Jim Carter be reversed
under New Business, Item A.
Holland also requested that Item 7c be replaced with the handout he provided
before the meeting.
AGENDA WAS APPROVED WITH THE REQUESTED CHANGES.
APPROVAL OF MINUTES - May 14, 1998
LORENZEN MOVED TO APPROVE THE MINUTES OF MAY 14, 1998.
MOTION SECONDED BY HOLLOWAY. MINUTES OF MAY 14, 1998 WERE
APPROVED AS WRITTEN.
PERSONS SCHEDULED TO BE HEARD - None
OLD BUSINESS- None
NEW BUSINESS
ae
Airport Development
Xe
City Manager Rick Ross
Ross reported that Carter gave a presentation to City Council
regarding airport development. Council directed Ross to enter
into a professional services agreement with Carter to begin the
initial stages of implementing Carter's concept. Ross stated that
he wanted the Airport Commission's reaction to the concept
before a scope of work is developed. Ross continued, he was at
the meeting to listen to the Commission's questions on the airport
development proposal and to the answers provided by Carter.
2. Jim Carter
A copy of Carter's proposal regarding airport development was
included in the meeting packet. Carter asked the Commission to
follow along as he read excerpts from it. These excerpts
highlighted the need for a hub to the Anchorage International
Airport for cargo and passenger air carriers.
The proposal discusses the expansion of the Kenai Municipal
Airport to becoming a world-class economic development hub.
Carter gave a brief history on the Anchorage Airport (which was
built in December 1951) and its growth to what it is today. He
noted that if Anchorage continues to grow it will be out of land in
about ten years.
Carter provided a cargo landing report which states there was a
17% increase in cargo landings for FY97 and that Anchorage is
soundly ahead of other international cargo centers. Carter
pointed out that consideration is also given to Fairbanks as an
alternate to handle overflow from Anchorage but he believes that
carriers would be more interested in the Kenai area as it is only
ten minutes from Anchorage with an average winter temperature
of 30 degrees. Fairbanks is 30 minutes away with an average
winter temperature of 50 degrees below zero.
Carter continued, expansion of the Kenai Airport will include
constructing a new runway as the existing runway is not designed
to handle heavy loads.
A letter from John Darrow, a Northwest Airlines 747 pilot who
lives in Sterling, was provided. Darrow expressed his interest in
the project and would like to see it include a heavy aircraft
maintenance facility since there isn't one at the present time. All
maintenance is performed outside in the weather.
Carter discussed the fueling situation in Anchorage and the
existing pipeline's age, location and accident history. It was noted
this system is one of the worst ten in the country. Carter noted
AIRPORT COMMISSION MEETING
June 11, 1998
Page 2
that work continues on correcting the situation and it will be
resolved, however, whatever is done to rectify the problems there
will be another crisis in ten years.
Carter presented other ideas for usage of the Kenai Airport which
included tourism. Flights from overseas could land in Kenai for
the start of various tours to work north. This could also be tied in
to the many cruise ships that dock in Seward. Tourists can visit
the Kenai Peninsula and fly out of Kenai.
Carter reported that initial meetings were held with the Corps of
Engineers, Salamatof Native Corporation and the Kenaitze Indian
Tribe. Salamatof Native Corporation has the land and the
Kenaitze Indian Tribe has a gravel pit which could provide
materials for a new runway. There was great interest but both
organizations were slow to react so it didn't go any further with
them. As a result, Carter approached City Council with hopes of
malting this a City project.
Carter provided the Commission with another handout which
outlines the duties and responsibilities of a consultant to pursue
airport development. These include holding meetings with the
Airport Commission and City Manager; seeking Borough-wide
support of the project; providing briefings and seek supporting
from Kenai area representatives and the Alaska State Legislature;
providing briefings and seeking support from the Alaska
congressional delegation; meeting with ICAO representatives
regarding their involvement in safety and Alaska operations;
meeting with U.S. State Department officials regarding bilateral
agreements to determine restrictions; visiting at least 12 air
carriers, both domestic and international, who may have an
interest in the expansion; briefing the Governor's staff as to the
objectives of the expansion; involving the National Transportation
Safety Board and FAA; and have continuous follow up on all
duties.
The start-up costs were discussed and Carter reported it would
probably be approximately $100,000 per year. This includes
expense vouchers, air transportation, meals, vehicle rentals,
miscellaneous, etc. Carter anticipates one trip costing in excess
of $4,000. Carter believes it is worth it as the Kenai Municipal
Airport is the jewel of the Peninsula and where it goes determines
where the entire Peninsula would go.
Public Comment
Dan VanZee, Hertz Car Rental, Kenai, Alaska (283-7291) -
asked how many years it would take for such a project and
AIRPORT COMMISSION MEETING
June 11, 1998
Page 3
whether or not there was any interest from various air carriers.
Carter r~plied, there is a lot of research required and it will all be
done in phases to include land acquisition, etc. It is possible a
new runway could be in place within five years. Carter also smtecl
that air carrier interest is unknown at this time. There may De
some that would wait ~ntil the runway is built.
Bob Bielefeld, Kenai Aviation, Kenai, Alaska (283-4124) -
stated that weather should be considered a major factor due to
the extensive fog situation in the summer and win~er. Bielefeld
§ave a history of the Kenai Airport and suggested that a new
runway be built in another area because of the weather factor.
Bielefeld continued, if the runway was built in another area, the
1965 environmental problems would not be an issue. Carter
reiterated the intent is to build a new runway and no~ extend the
old.
End Public Comment
Knackstedt asked if conSideration was given to building outside
the city limits, such as further north. Carter answered, no, he did
not look at the project on that large of scale that all consideration
was given to building within the city Hmits. Carter continued,
there is no deal with DNR, Kenaitze Indian Tribe, etc.
Favretto asked what the purpose was of building the original
Kenai Airport to its current size and magnitude. Carter answered,
in the early years FAA built several runways throughout Alaska to
connect the smaller communities to a hub which happens to be
Anchorage. When the Kenai Airport was built there was no road
to Anchorage.
Favretto asked if the runway was always the same size. It was
noted the original runway was 7,000 feet. Favretto asked when
the te _rrn_~inal was built. It was reported the existing terminal was
built in the early 1980's. The first terminal was a trailer complex.
Favretto asked what the purpose was of the current location.
Carter answered, to accommodate the growth of the City.
Favretto asked if there was any reason to think there would be an
impact on the City. Ross replied, although the exact scope of
work has yet to be determined the proposal has a' lot of elements
and some of the positives and negatives are already known. The
Fairbanks Airport needs help and this is recognized by the State,
FAA, etc., This project will be up against those entities right from
the beginning. Additionally, the Kenai Airport expansion is
visionary and the key element is interest from the air carriers.
AIRPORT COMMISSION MEETING
June 11, 1998
Page 4
Ross continued, if the City enters into a contract with Carter it
would be done on a phase basis and after each phase Carter will
come back to the Airport Commission and City Council with a
detailed report. The Airport Commission and/or City Council will
determine after each report whether or not to continue on to the
next phase. Ross thought the first thing that needs to be done is
to determine air carrier interest followed by identification of a land
mass since it was unlikely the new runway would be built within
the City as there is no suitable land mass in the city due to
environmental issues.
Knackstedt asked at what level the commitment from the air
carriers would be. Ross replied, it would have to be above the
local manager level. The project will require extensive federal
funds and commitments from air carriers. Ross continued, Carter
will provide a bi!!~ing with each activity report and that the City
has no interest in a multi-year contract for a consultant.
Knackstedt asked if Anchorage was doing anything with regard to
the growth. Carter answered, consideration was given at one time
to building an airport in Wasilla where there are large land
masses. This never did get off the ground and is not in the works
today.
Koerber asked how the project would be funded. Ross replied, the
City will depend on FAA funds and they would have to agree this
project is viable. It is possible that State funding could be
available as well but that too will come through the FAA. Ross
pointed out a project of this magnitude will require a massive
amount of funding as it will not only include a new runway but
aprons, fuel farms, etc. This could run over $100 million.
Knackstedt stated, based on that amount, the small investment
made on initial research by a consultant is worth it. Ross added,
the scope of work will be determined and an hourly rate
negotiated. The research will go as far as the Airport Commission
and Council wants it to go. Once the air carrier interest is
established and the land mass identified, the work will go well
beyond what Carter is qualified to do.
Knackstedt asked how large the multi-runway/airport will be.
Carter replied, at this time he envisions one runway and support
systems based on needs. If the runway is built in another area
then consideration needs to be given to infrastructure, taxiways,
fuel, etc. Holloway thought this was a good concept.
Favretto thought this project could tie into the responsibilities of
the new Airport Manager who could assist Carter with the
research. Ross responded, interviews for the new Airport
AIRPORT COMMISSION MEETING
June 11, 1998
Page 5
Manager will take place within the next couple of weeks. Once
hired, the Manager will concentrate his efforts on developing the
existing airport and not be involved in the research presented by
Carter.
HOLLOWAY MOVED TO RECOMMEND THAT CITY COUNCIL
APPRO~ THE PROPOSAL BY CARTER FOR AIRPORT
DEVELOPMENT. MOTION SECONDED BY FAVRETrO.
e
VOTE
HOLLOWAY Yes
KOERBER Yes
KNACKSTEDT Yes
FAVRETTO Yes
LORENZEN Yes
Motion passed unanimously.
Ross thanked the Commission for their input.
P~PORT MANAGER'S REPORT
Taxiway Project Update:
Holland reported there were delays in painting and finish grading due to
poor weather. The taxiway should be useable once this work is
complete. Changes in the project have been initiated by FAA and
include remarking the runways to left and right and signage on both
runways.
be
Airport Manager Search Update:
Holland indicated that Ross covered most of the Airport Manager update
earlier in the meeting. A candidate will be in Kenai from June 20
through June 23 which will start the interview process.
May 1998 Enplanement Report
The May 1998 Enplanement Report included in the packet was replaced
by the handout provided before the meeting due to some incorrect
figures.
de
Airport Terminal Painting
The terra__i_nE is being repainted in several areas. Several inquires were
received regarding the photos being removed. They will be replaced once
the painting is complete.
AIRPORT COMMISSION MEETING
June 11, 1998
Page 6
Airport Management Office
The new airport management office is open and is accessible from the
terminal. Holland invited Commissioners to stop by to visit.
Knackstedt asked if the requested FAA changes to the taxiway project will
result in delays to opening the gravel airstrip. Holland replied, it will as the
signs need to be ordered and it will take approximately 60 days before they are
received. Holland noted, however, that the grass strip will remain open until
the gravel airstrip is useable.
®
COMMISSIONER COMMENTS AND QUESTIONS
Commissioner Kuackstedt asked about the status of the smoking policy in
the terminal. Holland answered, the information did not go to Council yet as
he is waiting for quotes from contractors for the necessary renovation work.
Knackstedt asked if there has been any negative response from the tenants.
Holland stated that most tenants are willing to comply with whatever Council
requires.
Knackstedt welcomed Bob Favretto to the Airport Commission.
9. PERSONS NOT SCHEDULED TO BE HEARD - None
.10. INFO--?ION ITEMS
a®
Kenai City Council Meeting Action Agenda 5/20/98 and 6 / 3/98
6/2/98 CLF memorandum regarding "excused absences."
5/22/98 letter of appointment to Bob Favretto.
Updated Airport Commission Membership List.
11. ADJOURNMENT
HOLLOWAY MOVED TO ADJOURN. MEETING ADJOURNED AT 8:30 P.M.
Respect~lly Submitted,
Barbara Roper, Contract Secretary
AIRPORT COMMISSION MEETING
June 11, 1998
Page 7
Budr~t r~nt o Car of Kenai
Box 267
Kenai0 AK 99611
907-283-4506
Fax~ 283-51:X]4
An Ind~ Budget System Licensee
June 18, 1998
Airport Manager
Keith Holland
RE: Airport Commission
Dear Mr. Holland;
RECEIVED
'KENAI CITY
I have acquired conflicting imerests on Thursday evenings and I am considering resigning my
"Leasee" appoimmem on the Airport Commission.
I adamamly believe that the car-remal business should have represemation, all current
information and be involved in the future of our Kenai Airport. Do you know of anyone who
would consider this position ? If so, my resignation will be forthwith.
Respectfully,
Bonnie Koerber
CITY OF KENAI
BACKGROUND AND PERSONAL DATA
CANDIDATES FOR API~INTMENI REC--- - "
, / ,, TO COMMITTEES AND COMMISSI~I ,._._~_EIVEiJ
DATE:
Restdent of the City of Kenat? ~'~O How long?
!
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1. ROLL CALL:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
AGENDA
KENAI CITY COUNCIL CHAMBERS
June 24, 1998- 7:00 p.m.
h ttp://www. Ken a i. n et/c ity
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES:
June 10, 1998
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
e
PUBLIC HEARINGS:
PZ98-28--An application to amend Conditional Use Permit PZ95-30 to include a crushing plant
and an asphalt plant for the property described as Tract 6, Horseshoe End at River Bend
Subdivision (approximately 2113 Beaver Loop l~oad). The original permit (PZ95-30) was issued
for Extraction of Natural l~esources. Application submitted by foster Construction, P.O. Box
303, Soldotna, Alaska. Continued from June 10, 1998.
e
NEW BUSINESS:
a. PZ98-30~A resolution of the Kenai Planning and Zoning Commission recommending that the
Kenai City Council approve the Historic Preservation Plan for the City of Kenai.
OLD BUSINESS:
e
CODE ENFORCEMENT ITEMS:
a. PZ98-08~Variance Permit (Oversize Sign)--One Stop Grocery
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. State of Alaska 2000-2002 Statewide Transportation Improvement Plan (STIP) Evaluation
Criteria
b. Kenai Peninsula Borough Trail Plan & Preliminary Needs List
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
1. ROLL CALL:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
AGENDA
KENAI CITY COUNCIL CHAMBERS
June 10, 1998 - 7:00 p.m.
h ttp://www. Ken ai. n et/city
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: May 27, 1998
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
e
PUBLIC HEARINGS:
a. PZ98-21--An application for a variance for an over size sign with lighting for the property
described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, Alaska.
Application submitted by Bill Bradley Zubeck, 7983 Kenai Spur Highway, Kenai, Alaska.
Item postponed from May 27, 1998 meeting.
b. PZ98-26~An application for a Variance Permit for Principle Structures for the property
known as Lot 1, Block 10, Valhalla Heights Subdivision, Kenai, Alaska (310 Phillips Way).
Application submitted by Katherine Godek, 310 Phillips Way, Kenai, Alaska.
c. PZ98-27--An application for a Variance Permit for Side Yard Setbacks for the property
described as Lot 6, Block 5, Inlet View Subdivision (312 Rogers Road), Kenai, Alaska.
Application submitted by George O'Guinn, HAPCO Construction, P.O. Box 1501, Soldotna,
Alaska.
d. PZ98-28--An application to amend Conditional Use Permit PZ95-30 to include a crushing
plant and an asphalt plant for the property described as Tract 6, Horseshoe End at River Bend
Subdivision (approximately 2113 Beaver Loop Road). The original permit (PZ95-30) was
issued for Extraction of Natural Resources. Application submitted by foster Construction,
P.O. Box 303, Soldotna, Alaska.
e. PZ98-29--A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska,
amending the Kenai Municipal Code at 14.20 Kenai Zoning Code, Development
Requirements Table.
7. NEW BUSINESS:
a. Vacation- Right of Way & Utility Easements, Government Lots 24, 44, & 45
8. OLD BUSINESS:
9. CODE ENFORCEMENT ITEMS:
a. Lot 35, Block 2, Bush Lanes Subdivision (1237 Lilac Lane)
b. Lot 4, Block 2, Kaknu Comers
Planning & Zoning Commission
Aganda
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Memo from City Clerk Freas Regarding Excused Absences
b. Information regarding the Historic District Board
c. Appeal Decisions (Fmichamie/Stock~urger King)
d. Corps of Engineers Public Notice
e. City of Kenai 1997 Annual CLG Report
f. KPB File 98-092 Plat Waiver Information
g. KPB Notice of Public Hearing- KPB File 98-071
h. Planning Commission Roster
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
June 10, 1998
Page 2
CITY OF KENAI
PLANNING AND ZONING COMMISSION
June 10, 1998 - 7:00 p.m.
Chairman: Carl Glick
*** MINUTES ***
1. ROLL CALL:
Carl Glick called the meeting to order at 7:00 p.m.
Members Present: Carl Glick, Phil Bryson, Teresa Wemer-Quade, Ron Goecke,
Barb Nord, Karen Mahurin, Art Graveley
Others Present:
City Engineer Jack LaShot, Building Official Bob Springer,
Administrative Assistant Jan Taylor, Contract Secretary
Barb Roper, Councilman Hal Smalley (arrived at 7'20)
2. APPROVAL OF AGENDA:
GOECKE MOVED TO APPROVE TH]/I AGENDA AND ASKED FOR
UNANIMOUS CONSENT. MOTION SECO~ED BY MAHURIN.
AGENDA WAS APPROVED AS PRESENTED.
®
APPROVAL OF MINUTES: - May 27, 1998
WERNER-(~UADE MOVED TO APPROVE THE MINUTES OF MAY 27, 1998
AND ASKED FOR UNANIMOUS CONSENT. SECONDED BY GOECKE.
MINUTES OF MAY 27~ 1998 WERE APPROVED BY UNANIMOUS CONSENT.
4. PERSONS SCHEDULED TO BE HEARD: None
5. CONSIDERATION OF PLATS: - None
6. PUBLIC HEARINGS:
PZ98-21 --- An application for a variance for an oversize sign with
lighting to the property described at Lot 4, Block 1, Parks
Subdivision {102 Highbush Lane[, Kenai, Alaska. Application
submitted by Bill Bradley Zubeck, 7983 Kenai Spur Highway, Kenai,
Alaska. Item postponed from May 27, 1998 meeting.
NORD MOVED TO APPROVE PZ98-21.
GRAVELY.
MOTION SECONDED BY
No public hearing.
BRYSON MOVED TO AMEND TItE MOTION TO REFL~ THE TYPE
AND SIZE OF THE SIGN WHICH IS 24 SQ. FT. FROM THE OR/G~~
32 S(~. FT. MOTION SECONDED BY GRAYLY.
Vo,te - A_mendment
BRYSON Yes WERNER-QUADE Yes
GOECKE Yes NORD Yes
MAHURiN N° GRAVELY Yes
GLICK Yes
Motion passed.
BRYSON MOVED TO SEGREGATE THE ISSUE INTO TWO ITEMS,
THE FIRST THE OVERSIZE SIGN AND THE SECOND THE LIGHTING
OF THE SIGN. MOTION SECONDED BY GOECKE.
Vote - Segregation
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHUR/N No
GRAVELY Yes BRYSON Yes
GLICK Yes
Motion passed.
Glick requested the size of the sign, which is 24 sq. ft.,
first.
be discussed
Mahurin stated she wanted to once again express the same concerns
she had the last time this issue was discussed. The sign is substantially
larger than what the Ordinance permits. Mahurin continued, the intent
of a home occupation is a more quiet, innoxious business in a home and
she cannot, in good conscious, agree to a variance of this type. Mahurin
reported she will also be voting against the lighting should the request
pass.
Goecke reported he had no problem with the size of the sign but he has
with the lighting.
Glick announced for the record that a letter opposing the sign was
received from John Wise who resides in Anchorage.
BRYSON MOVED TO AMEND THE MOTION TO INCLUDE A LIMIT OF
TWO YEARS ON THE SIGN. MOTION SECONDED BY GOECKE.
Planning & Zoning Commission
June 10, 1998
Page 2
Bryson explained his reason for the amendment was he would like to
give the sign situation a chance and he didn't feel one season would
reflect the ability to create another building with the same marketability.
Bryson continued, the two year period of time will allow ample time for
evaluation and, if unacceptable, the neighbors would have time to
respond.
Vote - Amendment
GOECKE Yes NORD No
MAHIFRIN No GRAVELY Yes
BRYSON Yes WERNER-QUADE Yes
GLICK Yes
Five Yes, 2 No, Motion passed.
Vote - Main Motion
NORD Yes MAHURIN No
GRAVELY Yes BR. YSON Yes
WERNER-(~UADE Yes GOEC~ Yes
GLICK Yes
Six Yes, 1 No, Motion passed.
Glick requested discussion on the' lighting of the sign.
Goecke reiterated that he will vote against the lighting of the sign as he
doesn't believe the Commission should get into a lighted sign situation
for the type of business in a residential area.
Wemer-Quade stated the Code states that no lighting is permitted on
any sign. Wemer-Quade thought that allowing the oversize sign was
frae but she agrees with Goecke that a lit sign is taking it to far in a
residential zone.
Vote- Li~htin~
MAHUR/N No GRAVELY No
BItYSON No WERNER-QUADE No
GOECKE No NORD No
GLICK No
Motion failed.
Glick reported the 24 sq. ft. sign will be allowed for two years and it shall not
Planning & Zoning Commission
June 10, 1998
Page 3
be lighted.
be
PZ98-26 -- An application for a Variance Permit for Principle
Structures for the property known as Lot 1, Block 10, Valhalla
Heights Subdivision, Kenai, Alaska 1310 Phillips Way). Application
submitted by Katherine Godek, 310 Phillips Way, Kenai, Alaska.
MAHURIN MOVED TO APPROVE PZ98-26.
GOECKE.
MOTION SECONDED BY
Katherine Godek, 310 Phillips, Kenai, Alaska stated she was available
to answer any questions re§ardin§ her application.
Titana Wilson, 325 Phillips Way, Kenai, Alaska stated her main
concern was when she purchased her home, located across from Godek,
she also purchased another lot adjacent to her home. Wilson continued,
she maintains and pays property tax on this lot so she has the option of
bufldin§ a second residence in the event she ever needs to have her
relatives live there or for future thin§s she may need. Wilson also stated
that she feels Mr. and Mrs. Douglas should seek alternative livin§
arran§emcnts due to their a§c and medical conditions. Wilson didn't
think it would be in their best interest to reside in a §ara§e when there
arc a lot of places available to assist elderly people in findin§ housin§
and adequate places for them to stay. Wilson sympathized with thc
situation Godek is in but she has a problem with allowin§ people to live
in §ara§es.
Pat Knowles, Kenai, Alaska reported she is building at 320 Phillips
Way and it is her opinion that the lot Godek has is too small and is not
zoned for a two family dwelling. Knowles continued, the neighborhood
isn't fully developed at this time and if an exception is made now then
two-family dwellings will be butt on lots that are too small to
accommodate the structures.
Public Hearing closed.
Springer added that if the structure was attached to the house Godek
would not have to apply for a variance.
Gravely asked if DEC got involved with the limits. LaShot replied, DEC
doesn't get involved in such situations.
Mahurin stated this was a very difficult issue for her because if this
came before the Commission before the structure was remodeled she
would have said no based on the neighbors opposition. Mahurin did not
feel it was her place to judge health conditions of people and where they
Planning & Zoning Commission
June 10, 1998
Page 4
live. Mahurin reiterated giving forgiveness instead of permission on
things such as variances, condition use permits, etc., is difficult but
Springer gave an answer to the problem. Mahurin shares the feelings of
the neighbors so will have to vote No.
Smalley arrived at 7:20 p.m.
Goecke asked if it would within the scope of the variance to have the
structures attached in order to be considered one structure. Springer
confirmed that was correct. Discussion took place on the exact distance
between the house and garage and Springer stated the distance was not
measured but he thought it could be as much as 15 to 20 feet.
Goecke asked if the variance is granted if the Commission could request
the structures be reverted back to their original use once the parents
were no longer residing there. LaShot replied, there was a similar
situation in Woodland Subdivision and restrictions were put on the
variance with regard to not allowing the unit to become a rental.
Mahurin remembered the variance in Woodland Subdivision but thought
the structure was attached. Mahurin agreed with Goecke that perhaps
the structures could be attached in order to be in compliance. LaShot
reported the Woodland Subdivision structure was detached.
Bryson stated he was less apprehensive about the request as it is
virtually the situation he grew up in except the kids were in the garage.
It was much later that the structures were connected by a breeze-way.
This was not an objectionable situation since there is an extended family
living there.
Wemer-Quade agreed with Bryson and stated that sometimes things
just come to you that you have to deal with and it could be when your
children come back to live with you or it might be that your parents have
to come live with you. Wemer-Quade was very sympathetic to the
situation and is in favor of allo~g the variance.
Nord stated for the record that she to sympathizes with the situation and
will vote in favor of the variance.
Goecke stated that he hoped no one took him wrong as he is not going to
vote against it but he was just trying to find a way to make it a little
more palatable for everybody concerned.
Nord reported that she is not opposed to placing conditions on the
variance request if staff agrees that they should be placed.
Planning & Zoning Commission
June 10, 1998
Page 5
NORD MOVED TO AMEND TItE MOTION TO LIMIT THE RESIDENTS
o
OF THE GARAGE AND THAT UPON THEIR MOVING OUT THE
PROPERTY WILL NOT BE RENTED. GOECKE SECO~ED THE
MOTION.
Wemer-Quade stated she is not in favor of the amendment because it
limits it to the people who are currently in the garage. If they passed on
and another family member wanted to reside there, they could not.
Mahurin stated in the spirit of consensus building she will support the
amendment and hope that her not supporting it certainly was not taken
as not being sympathetic and understanding having been in those
shoes. Mahurin continued, she has reservations but she understands
how it came about.
Bryson stated he was aware of the cost involved with creating the living
situation and it should not be wasted so he will vote against the
amendment.
Goecke stated he understands what Bryson stated, however, this is also
an after the fact variance request.
Nord asked, for clarification purposes, if there was anything that would
prevent the applicant from coming in for a new variance at a later time.
LaShot answered, he didn't think so, the applicant could come back if
necessary.
Vote - Amendment
GRAVELY No BI/YSON No
WERNEIt-(~UADE No GOECK~ Yes
NORD Yes MAHURIN Yes
GLICK Yes
4 Yes, 3 No, Motion passed.
Glick noted that if the main motion is approved the variance is limited to
the people who are in it and after they leave the structure cannot be
rented.
Vote - Main Motion
BR. YSON Yes WERNER-QUADE Yes
GOECKE Yes NORD Yes
MAHURIN Yes GRAVELY Yes
GLICK Yes
Planning & Zoning Commission
June 10, 1998
Page 6
Motion passed unanimously.
PZ98-27-- An application for a Variance Permit for Side Yard
Setbacks for the property described at Lot 6, Block 5, Inlet View
Subdivision (312 Ro~ers Road), Kenai, Alaska. Application
submitted by George O'Guinn, HAPCO Construction, P.O. Box 1501
Soldotna, Alaska.
GOECKE MOVED TO APPROVE PZ98-27.
GRAVELY.
MOTION SECONDED BY
Dennis Gifford, 1620 Tanaga, Kenai, Alaska stated he is the owner of
the property. Gifford noted he originally asked for a side yard setback
that was modified to a 15/5 by the Commission and it was appreciated,
however, he had to withdraw duc to some opposition from the neighbor
adjacent to him. After trying different house designs they came up with
one which would require 6 inches on either side. Gffford noted he had a
conversation with the person immediately adjacent and he doesn't have
a problem with it.
Bryson asked if Gifford had talked to the individuals on both sides.
Gifford confirmed that both were notified and neither have problems.
Public Hearing closed.
Staff had nothing additional.
Bryson asked if staff had received any objections through phone calls or
the mail. LaShot replied, they have not.
Vote
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHURIN Yes
GRAVELY Yes BRYSON Yes
GLICK Yes
Motion passed unanimously.
Planning & Zoning Commission
June 10, 1998
Page 7
de
PZ98-28 -- An application to amend Conditional Use Permit Pzgs-30
to include a crushing plant and an asphalt plant for the property
described as Tract 6, Horseshoe End at River Bend Subdivision
(approximately 2113 Beaver Loop Road). The original permit (PZ95-
30~ was issued for Extraction of Natural Resources. Application
submitted by Foster Construction, P.O. Box 303, Soldotna, Alaska.
GRAVELY MOVED TO APPROVE PZ98-28.
GOF~KE.
MOTION SF~ONDED BY
Glick asked that public testimony be kept to 3 minutes.
Verbatim Begins
Chris Garcia, P.O. Box 203, Kenai, Alaska; residence is 2528 Beaver
Loop Road, Kenai, Alaska - I am deathly opposed to this application.
That area does not need a crusher plant making noise and it does not
need an asphalt plant around there to ruin our neighborhood. I mean,
I... I realize people need to make a living but I also, in some of this
information I've got about this particular thing, the permit says that its
to be... the gravel pit to be operated from 7 to 7, for the last two years
theyYe run 24 hours a day and Beaver Loop wasn't designed for that
heavy hauling. The road is a mess now. There's always been gravel pits
on Beaver Loop and there's always been hauling, but that road is
absolutely tore up and it's a mess and if we add more weight and more
garbage to that road it's just going to get worse, and I am absolutely
opposed to having that asphalt plant in. I... I don't know what else I can
say about it. I would like to ask that Council, I've received this letter
yesterday from Sue Wright. Did you guys receive a copy of this?
Glick: We have some letters from Sue Wright, I don't know if it's the
same one you have but...
Garcia: Well I assume we probably did, if its... I just wan.., cause.., in
the letter she stated she couldn't be here and if you guys hadn't received
it I was going to read it... but ah .... I don't know how I can be anymore
strenuous about that I am absolutely 199 percent opposed to it. Well,
thank you for your time.
..
Glick: Thank you, anyone else in the public wishing to speak.
Lloyd Richardson, 495 Dolchok, Kenai, Alaska just off of Beaver Loop.
I oppose the construction of the asphalt plant and the rock crusher due
to the noise, the heavy traffic and in support of the gentlemen before me,
the road was not designed for it and has been trashed over the last two
Planning & Zoning Commission
June 10, 1998
Page 8
years. Ah... in addition to that there is a lot of young families that have
moved in that area, a lot of bicycle traffic, kids wanting to ride up and
down the road and with trucks cruising up and down there at 45,
throwing rocks off the side, it's just an increased hazard and.., an
additional concern that should be considered is a potential
environmental affect it would have on the river if there was a breech of
some contaminate that could go right through the gravel into the fiver.
Thank you.
Jim Krein, 365 Dolchok Lane, Kenai, Alaska I am also opposed to this
ah... for the reasons stated here ah... one touched on ah... by Lloyd there
was contamination to the river. I'm also concerned about the ground
water there. Ah... previous pits that have been dug there the ground
water level is at such a state that it is ah... above the ah... line that
they've ah... excavated to at the present time. Everybody over there, as
you well know, is on ah... a well situation. If that ground water gets
contaminated, what are those folks going to do and if it does, I would
assume Foster would be liable for that. Are they able to withstand ah...
the liability for that situation? Has there been any thought of
monitoring the wells or air quality concerns with the plant? Ah... the
product they're using of course is the bottom end of the crude oil ah...
screen, I'm sure there are some ah... contann_inates there that are known
carcinogens so I'm really concerned about this thing getting into the air
and the water in that area along with the lower portion of the fiver which
washes through there both upstream and downstream. Thank you.
Jeff Kohler, 4350 Beaver Loop Road, Kenai, Alaska I've been there for
about 16 years and over those years I've seen the nei§hborhood really
improve, a lot of nice homes, youn§ families comin§ in. Ah... I am very
concerned over the last few years the truck traffic is becomin§
increasin~y worse. Ah... additional sale of asphalt products and
crushed products out of those pits is §oin§ to increase that even more.
It's a narrow road, youn§ families, lots of kids up and down it, ah... it's
just unacceptable to increase the industrial use in that area now. It's
tumin§ into a neighborhood, it's not just a rural road anymore, it is truly
a nei~lborhood. I spent the last two hours racin§ up and down the road
lettin§ people know who weren't aware of this and ah... quite a few of
them are showin§ up. I hope that in the future when these kinds of
issues are considered, especially something with the gravity of ah... of
ah... asphalt plant and a crusher going in to an area like that, there's
better publicity in getting the word out to those affected beyond just
the.., the 300 feet. Ah... again, I'm, I echo the sentiments of everybody
who's spoke up here and I'm really trying to keep the integrity of ah... of
ah nice developing neighborhood together. Those trucks going through
and the.., and the.., odors and the problems associated with those
plants, I just hate to see it. Thank you.
Planning & Zoning Commission
June 10, 1998
Page 9
Chuck TomHnson, 555 Dolchok Lane, Kenai, Alaska and I oppose t~e
ah... plant for a couple reasons. Ah... the first reason is ah... usually
plants of this nature will put out odors. I have worked in a refinery and
plants of this nature and they do generate a lot heat to... make the ah...
liq.., the asphalt into liquid stage and there are certain hazards
associated with that and particularly in a residential neighborhood and
I've been in this neighborhood for approximately 2 years and if
everything works fight I should retire next year. I would like my
property values to be remained to a certain level that I can cover my
initial investment at least and ff you put this kind of plant into a ah...
neighborhood, substantial degradation of the property value might
occur. So, the other part about it is that ah... rock crushing usually
associates with a certain amount of dust association and.., at this point
we really don't know what the environmental controls are going to be
applied to this plant. So, all our concerns would be environmental
issues, the smell, the dust, and so forth. Thank you.
John Coston, 470 Dolchok Avenue, Kenai, Alaska I express t~e same
opinion as everybody else who spoke, I'm opposed to this ah... this pit
and asphalt plant. The road, as everybody knows, is fairly narrow and
I've had ah... two broken windshields as a result of rocks ah... from
overloaded trucks. The other thing I've notice is that my water quality is
ah... gone downhill since I've moved into that neighborhood and I don't
have anything else but other than I'm opposed to that ah... pit.
Victor Hett, 1507 Barabara Drive, Kenai, Alaska -
Glick: Sir, we need you to be signing that sheet there to...
Hett: Okay,
Glick: If those of you that spoke before would do that after the public
hearing I would appreciate it.
Victor Hett, 1507 Barabara Drive, Kenai, Alaska and I'm on Horseshoe
end, Lot #23 which puts me a half a mile from this crusher they want to
put in and asphalt plant and I'm... as the others, are very extremely
opposed to it. I have several concerns. One is the water pollution since
I'm just about directly down the water table from that ah... gravel pit
area.., and a well of course. I'm more concerned about the water table. If
they start usin§ a lot of water for this project. I'm more concerned about
the fiver pollution since that would be right up the fiver if anything gets
spilled. Traffic, of course, as mentioned is a very bad problem. I just
retired last year and I have a very unique place, it's very quiet and I
enjoy sitting there by the fiver watching the birds and.., peace and quiet
and now if this happens I'm going to sit there and listen to the gravel
Planning & Zoning Commission
June 10, 1998
Page 10
crush. I don't think I want to do that. Um... there as another gentlemen
stated, my house is completely paid for and I would like to think the
property value would increase but if this goes I'm... no doubt in my mind
it would decrease and I don't know who is going to compensate me for
that. I'm a little concerned about any vibrations because I live on a very
delicate river bank that at this moment is going into the fiver and I don't
think it could handle the vibration from that plus the traffic vibrating on
the road with those heavy trucks. Um... and I just.., completely reject
the idea of any gravel pit ah... crushers or asphalt plants. Thank you.
Glick: Thank you.
Pat Weller, 1540 Beaver Loop Road, Kenai, Alaska -just fight down
the street from the gravel pit and environmental issues are really ah...
has got me is ah... if you know the layout there at Beaver Loop there is a
bunch ah... fresh water little streams that come all the way across there,
gravel pits have already wiped out one already, they all go down there
feed the flats, it's basically fight there at the flats. Caribou go through
there, owls, eagles, wolves, all kinds of wildlife, this is one of the
prettiest parts about Kenai is the flats and ah... people go down there
.and they have that ah... bird watching deal there.., and I don't think
anybody's going to want to stand down there looking at birds, smelling a
plant. That's basically all I got to say. Thanks.
Glick: Thank you.
Gordon Gifford, 1509 Barabara Drive, Kenai, Alaska - I am also
opposed to as all the previous speakers are to this, and as Mr. Hett said,
I live right on the bank, it's delicate. Ah... the horsepower on the boats,
the reducing of that did help. I'm afraid the vibration from the crusher is
going be detrimental to it. I am also just retired and it's paid for and I
hate to lose that investment. Beaver Loop can't stand more traffic, it's
already over-used, in my opinion, over-weighted and I agree with all the
other speakers, we don't need this in our neighborhood. Thank you.
Glick: Thank you.
Bunny Swan-Cease, 4257 Beaver Loop Road, Kenai, Alaska - I too am
opposed 100% to this construction. Ah... asphalt.., ah... plant. I believe
that it is extremely detrimental to the environment especially of fiver and
ah... um... place ah... the Kenai and most certainly to be looked after
and respected. Urn... Foster Construction has done some very nice work
for me with ah... landscaping and I appreciate that, however, (laugh)
there has got to be some other place where it wouldn't be such an issue.
I too have lost ah... a very young dog last season ah... with one of the big
trucks and they are not the best and the most careful ah... drivers
Planning & Zoning Commission
June 10, 1998
Page 11
(laugh) they have a tendency to speed and there are many, many
children on that road. Ah... thank you.
Glick: Thank you.
Nolan ?. Compton, 2785 Beaver Loop Road, Kenai, Alaska - I live
approximately four tenths of a mile from the proposed asphalt plant. I
fred it very objectionable as everyone has this evening. Ah... Beaver
Loop is known for its tranquility. We have tourists that visit up and
down Beaver Loop every summer. Cunningham Park is located in that
area. There's been a lot of hope and ideas for the Beaver Loop area to
stay as a residential area, not to have this type of development occur in
the area. Ah... I feel that the idea of a asphalt plant ah... gravel pit
crushing plant can lead to quite a few areas of problems such as, which
everyone has mentioned tOnight, fiver pollution, odor, and air problems,
noise, ground water, traffic, fire protection, property values, just a whole
mirid of ideas of what Beaver Loop doesn't really represent, it is a rural
area, it is something that's not really for this type of development. It's
had gravel pits for years, I think everyone that lived there is pretty
understanding of gravel pits. I think the development of an asphalt plant
is something that everyone finds very objectionable. AH... especially
hours of operation, ah... it is one of the quieter areas in the City here
and ah...there has been many times in the past where operating ave.., a
heavy trucks has run a lot longer than the 7 to 7 hours that were there,
you know, I just fred it tembly objectionable to have this type of
construction going on in our neighborhood.
Glick: Thank you.
Dave Knudsen, 4460 Beaver Loop Road, Kenai, Alaska - I have
concerns about the ah... similar concerns.., the environment pollution
urn.., traffic on the road and thank you.
GHck: Sign in please.
Knudsen: Can I do it later?
Gllck: As long as you do it. Anybody else wishing to speak.
Jennifer Richardson, 495 Dolchok, Kenai, Alaska -Um... I live just
off Beaver Loop and my concerns urn.., are.., are similar to all those that
we Ye already heard. The... the traffic has been really heavy, there arc...
already two or three urn.., gravel pits in the area and the hours of
operation have been pretty much around thc clock and they don't have
covers on... on these trucks and they tend to overload them anyway and
so there's rocks along the road and.., and.., and debris that's dropped on
Planning & Zoning Commission
June 10, 1998
Page 12
the um... the trucks as they leave out of these plants and um .... and
they do throw rocks at the people trying to ride bicycles.., there is not a
bicycle lane or any kind of ah... shoulder on this road and the road has
been damaged ah... significantly over the last couple of years. I also am
opposed to the noise and the environmental ah... impact of this
proposal. Thank you.
Gllck: Thank you, anyone else wishing to speak?
Bud Lofstedt, P.O. Box 1616, Kenai, Alaska - I live on Beaver Loop
and I'm at P.O. Box 1616, Kenai, I too am opposed and I can't add much
to it other than um... I hate to get up against the Fosters because they,
they're ah... wonderful family of Kenai but I go .... I would... I can't add
much to ah... what everybody else said but I would be opposed to it.
Glick: Thank you.
Curt Wilcox, 3329 Beaver Loop Road, Kenai, Alaska - I'm also
opposed to this project. I see that the originally ah... got a conditional
use permit for the extraction of natural resources. Now if a ah... crusher
and bash plant is ah... quantum leap from the their main ah... permit
use. Ah... I'm opposed to thc noise, it's acoustically ah... good at Beaver
Loop, I can hear ah... a lot of ah... I could hear the race track when it
revs up and I just know that this crusher is not good for our community.
And I see on this map here (pointed out areas on the map behind the
podium) that.., you would have to zone this, I think, heavy industrial
and ah... that would be an orange spot somewhere in here and I say if
ah... if you want to do that why don't we put orange spots all over here
and ah... if we let people have their way and ah... §o ahead and do what
they want to do. Now Beaver Loop is a nice place to raise a family ah... it
wasn't even a week ago a gravel truck went off the road right in front of
my house and ah... I don't know why, it just tilted over 45 degrees ah...
accidents happen.
Glick: Thank you.
Ted Knight, 1506 Rose Lane, Kenai, Alaska - I live just across from
where they §or this ah... plant is to be put and I couldn't put anything
more that my neighbors have already said that I could say anything to it
but I sure oppose it. Thank you for ....
Glick: Thank you, anyone else in the audience wishing to speak.
Don Moffls, 2241 Beaver Loop, Kenai, Alaska - I live directly in front of
the pit in (illegible) house there. I just wonder if maybe there could be
an amendment put to this or something in the form of the... I'd hate to
Planning & Zoning Commission
June 10, 1998
Page 13
see theTM totally shut down but there might be a job come up and they
could set that plant up to do it on a job to job basis and it would be
feasible for everybody that way where you would just have.., it will only
be used, you know, for that job. Just like the variance for when we did
the Spur Highway, they had a variance to run the truck for long periods
of time, theY helped the community and I just thought I would bring that
up. I'm not real... I really don't want a asphalt plant right next my house
but I can live with it through a job, you know what I mean? Thank you.
Glick: Thank you.
Jack Foster, Kenai, Alaska - well I hope I can make it out of here alive
toni~t. I'm Jack Foster (laugh) and ah... I think there is a
misconception about an asphalt plant. This particular asphalt plant, I
just moved it last week from downtown Wasilla and I have probably a 50
page ah... permit that DEC has.., has ah... approved this particular plant
for clean air and clean water, so you know, I... I don't see that ah...
environmental hazard. Now I don't live in the area, I work in the area
and ah... I can understand and appreciate how you feel. The last thing I
want to do is make a whole town full of enemies. I've done a lot of work
for each and every one of you, but not everyone of you, but a lot of ya
and I... I appreciate thc work. And my intention to put this asphalt
plant, is like Don mentioned, was more of a job, just to be able to do it,
have it... have it there for say thc.., the Bridge Access Road, when that's
§otta be repaved or maybe ah... Forest Drive or Redoubt, or maybe...
maybe somebody else's own personal driveway that they normally paying
a $1.75 a square foot maybe they can get it for a buck or a buck and
quarter or a buck and a half or something depending on the driveway.
That... that was my intention and ah... you know there was ah... there
was a piece of paper passed around here by ah... ah Sue Wright and I
got to answer some of these questions. You know one...one.., number
one item was the safety factor and ah...and I have a permit and that
permit is number A00175-179, saying that this thing will not hamper
the environment, ah... asphalt will, in particular, you know, when it
dries it becomes very hard so ff there is a spill it does not mix with the...
with the...gravel and.., and...ah.., so on and so anyway, it... it... the
Department of Environmental Conservation, which is pretty tough, has
not got a problem with this. Ah... as far as Beaver Loop Road not being
designed for heavy loads, it... the Department of Transportation owns
that road and maintains that road and they have an axle weight and as
far as trucks, when we did the Spur Highway, being overweight, it didn't
happen, it can't happen because if it is overweight we don't get paid for
that load of gravel, that's the way the computer is set up at the scale
house. The State does not pay for that load of gravel if you are one
pound over, they won't pay for the whole load, not just that pound but
the whole load and so, you know, thc trucks were not, and.., and.., as
Planning & Zoning Commission
June 10, 1998
Page 14
far as, you know, I heard a comment in here and I just got a few
arguments here is all, I heard a comment that .... that we Ye been
working around the clock out of the pit, I haven't even been in that pit,
well this year I've... I've been in it for ah... an hour here and an hour
there in the middle of the day, but it's been closed for two years so you
know, if there's.., if there's a lot going on in the area it's not coming from
ah... the river bend pit and I think the neighbors can pretty well vouch
for that, the gates been closed on the pit, and that's it.
As far as truck traffic, again, you know when we did the Spur Highway
we did not get one single ticket that I'm aware of, any of the drivers, not
one speeding ticket, we didn't get any overweight tickets, we didn't have
any complaints from.., from.., from the City police, we didn't have any
complaints from the Department of Transportation, so, you know, we
tried to run a clean show there, and um... and.., and.., you know we do
so on... on each and every job we do. Ah... I guess.., let me read.., let me
read a couple of notes that I made for myself, these were just answering
some of Sue's problems, you know, and.., and what.., what really offends
me about.., about some of the comments there.., was the fact that.., that
she ah...accused me of...of...of doing exactly what she's doing fight now
and that is sell a piece of her property for ah... to create a gravel pit. So
there's one going on and I'm... I'm letting ah... the gentlemen that's
mining and gravel go in my gate and that might be the action you see on
my pit, it's.., it's from Sue Wright's piece of property because they gain
access through my gate so that they didn't have to clear a bunch of trees
and get involved in the water table problems with.., with.., over there
so... you know, I've... I've... I've allowed... I've allowed them free access to
my gate and in... in... in... what.., and then they are using the road
which she claims is unsafe, that's the road they're using to get in and
out of there. Now when I had that pit set up with DOT, I would go in
that gate because I could get off the highway quick, that was my
entrance to the pit, I'd come out by Mr. Doyle's pit because that's a nice
straight edge right there, nice straight road, so there's pretty good
visibility, still.., still not the best but alright.
That asphalt plant will never be... in fact you will never see that pit as
busy as what it was in 197... 19..96 and 97 during that Spur Highway,
that.., it...it...for an asphalt pit that.., that business going to be hit and
miss. We're going to batch up 80 ton in the silo, one.., that's a half an
hour worth of running, maybe an hour, and that will last all day long on
driveways. Now if you had something like the Spur Highway or Bridge
Access, then.., then, you know, that's a weeks worth of running and
then the plants idle, so it's not like the things going to be running day in
and day out, so ah... another thing we didn't have on that Spur Highway
job, which we moved 700,000 tons out of the pit, in fact that's with
contract, we ended up exceeding that amount by ah... probably 20%, so
Planning & Zoning Commission
June 10, 1998
Page 15
ah... we moved close to 100,000 tons out of that pit and.., and we had
not one automobile accident or truck accident, or pedestrian accident,
and never.., we... we... might hit a dog... I... I didn't hear about that and
I...forgive... it's not funny, I don't mean to make joke of that because that
no... no... caribou, no moose, no wildlife, like that, and, last thing is if
there was some serious problems that come about then the City could
revoke my conditional use permit and ah... or at least I'd put down here,
tried to get a little humor, or at least invite me to another one of these
meetings, and that happens to end up in this .... so... with that, thank
you very much.
Mike Blair, 1445 Angler Drive, Kenai, Alaska - I have a place on
An~er Drive and I'm a little bit outside thc im__mcdiate 300 foot area but I
consider myself to be an interested party. In relation to this project and
this idea, I'm adamantly opposed a§ainst it. I've had the opportunity to
operate crushin§ operations, batch plants at Shemya, Kin§ Salmon,
Galena, Elmendorf and Anchora§e, and they are all ripe with problems.
They're noisy, they're dusty, they're smoky, the EPA and DEC permits
cover opacity, which is your particulate conditions, there is nothin§ for
odor. I think the critical aspects of what Mr. Foster bou~ht up this
afternoon, he works it, he works in this pit, he doesn't live in the
neighborhood. The people that came up today do, and that's what we...
you should listen to.
Glick: Thank you.
item?
Anyone else in the audience wishing to speak to the
Donna Tomlinson, $55 Dolchok, Kenai, Alaska - I'm highly opposed to
this asphalt plant. I didn't buy my house to live near an asphalt plant.
Mr. Foster sa/d he didn't live near.., didn't want to live.., or did not live
near the asphalt plant, let him.., there's a house being constructed
across from...road from me fight now. Do you think those people signed
that...want...wanted a permit to build a house that's going to be near an
asphalt plant.., does any of you want to be near an asphalt plant?
Beaver Loop is too small. You put children on bicycles up and down
that road, it's too small for that kind of traffic and.., do we want a child
killed by a truck? I dodge those gravel every time I go up and down that
way. Those trucks do speed up and down there, maybe we haven't
enough poi/ce out there to fred out ff they, you know, speed up and
down there. I'm highly opposed to that.
Glick: Okay, thank you. Anyone else in the audience wishing to speak
to this item?
Chris Garcia, 2528 Beaver Loop Road, Kenai, Alaska - I didn't sign
and I have a couple comments to make.
Planning & Zoning Commission
June 10, 1998
Page 16
Glick: Let's see, I think you have a minute left on your three minutes.
C~arcia: well, I don't think you're being too fussy about that tonight
anyway. One comment I would like to make, if Mr. Foster, and I'm not
opposed to him making a living, but who... I've .... I've bought stuff from
him myself but ah... he said that that plants been shut down for 2 years,
well last summer and the summer before I can guarantee you it ran 24
hours a day. Now, maybe he wasn't there, maybe he was gone
somewhere, but that plant...that pit was running and there was trucks
coming out of it and as far as IYe made the comment about ah... the
weight going up and down Beaver Loop and Iff agree with him. He might
not be over the legal limit but he stated they've hauled how many
hundred thousand tons out of there. Well that road wasn't designed to
have that steady weight on it every day, that's why the roads busted up.
It's not.., his fault maybe that the road wasn't built better but all I'm
saying is we increase the heavy traffic on Beaver Loop it is just going to
wear that road out worse than it's already shot and I don't even know
exactly what his plans are if he's going to use the gravel in that pit to
run the crusher plant or he's going to haul gravel in from somewhere
else to make the asphalt, so if he was hauling it in, that would even
make the traffic that much heavier. So, I just can't express enough how
opposed I am to this particular project. Thank you very much.
Glick: Okay.
Phil Nash, 110 S. winow, # 104, Kenai, Alaska - Mr. Chairman,
Commission Members, Madam Clerk, my name is Phil Nash and I don't
live there either, I'm a north roader but my law office is fight across the
street over here at 110 S. Willow' # 104, and I represent Sue Wright, who
is in kind of an interesting situation. She is the beneficiary of the estate
of Waldo Coyle. She owns nothing, contrary to what you may have
heard about her selling some piece of property. She hasn't sold anything,
she doesn't have anything yet. She won't get anything until after the
taxes are paid and the administration is paid and all these things have
been happening since Waldo died in September 1991. My initial
comment relative to the application before you tonight, however, might
be that there's ah... at least a little minor flaw in the application and that
is it doesn't make any reference to the subdivision that's fight there at
the comer of Barabara Drive and Beaver Loop Road, that one is called
ah... Ruby's Dazzling Scenic View Subdivision, Kenai Peninsula Borough
file number 94-012 as recorded in Kenai Recording District on March 3
of this year.
For those of you that have read your packet you probably recognize
there has been several communications back and forth between myself
and the City Attorney and other folks within the City and.., and ah...all
Planning & Zoning Commission
June 10, 1998
Page 17
that ended this afternoon with a telephone call and I guess I must
apologize to you and to Mr. LaShot as I have already to the City Attorney,
Urn... you see the problem Folks, is that I just did not understand what
that application said when it said this term competitive economic
situation and benefit to the local community. You see, I didn't
understand those and I figured that that probably meant that there was
some kind of a study that the insiders had that nobody was giving to me
and that's why I was making my request but today after talking to Mr.
Graves and.., and.., he faxed back a letter ah... making reference to my
ah... doing some kind injunction it appeared that nobody understood
what anybody else was talking about so I called him up and.., and I said,
You know my... my reference to an injunction had to be to mandatory
injunction requiring you to give me that study that you must have.
There was none. So now I think I understand what the terms
competitive economic situation and the term benefit to the local
community that are included in that application really means. They
mean, MONEY, who gets the money. Will one individual be permitted to
amend a special use permit to expand a special use of land that's zoned
rural residential which is already contraindicated to what it's zoned for
so that he can make more money at the expense of those who own lots,
plans, houses, people who live in the com_munity of residence. Now the
community of residence wasn't identified in that particular application.
Will that one individual be permitted to amend a special use permit
again to expand a special use of land zoned rural residential, which
again is contraindicated by the zoning itself so that he can make more
money at the expense of those who own subdivisions designed for rural
residential and those who have plans to...to make future subdivisions.
Now, how do we define what is a benefit to the local community when
the benefit to the local community may be in conflict with the benefit to
the community of residence. That community of residence is made up of
folks living in houses, with babies, with puppy dogs, with bicycles, and
now screarnmg rock crushers and smelly asphalts plants. Is that a
competitive economic situation or is that just more money in the hands
of one individual at the expense of the folks who live in that community
of residence and who own home sites located in the area zoned rural
residential?
Now, Sue Wright presently lives on Lot 9 in Ruby Dazzling View, Scenic
View Subdivision. Lots 1 through 8 are currently for sale, have real
estate signs on them. If you walk down there and look at those lots and
walk on through them to the edge of this area that couple of the folks
talked about, the backside of those lots that overlooks what the State
apparently refers to as ah... caribou calving area or something of that
nature, and.., and if you keep on looking you can look across the river,
you can look across the can .... canneries, you can look way up there at
that majestic snow-capped mountain. It may be perhaps the last truly
Planning & Zoning Commission
June 10, 1998
Page 18
dazzling of the view lots inside the city limits of the City of Kenai and
those lots must be paid.., and must be sold to pay the estate taxes, the
administrative expenses pending since September 1991 in order for the
sole beneficiary to even be able to continue living on the old homestead
house. But who is going to buy a building lot even if it has the most
majestic view available and even if overlooks a caribou calving area, if it
was located within a few hundred yards of a screaming rock crusher and
a smelly asphalt plant, EVEN if the land is zoned rural residential, which
is what this is. So, the question is right back where we started, who gets
the money? I would request that you look very carefully at the
Ordinance and match it up with the application. If you do, I submit that
the application does not comply with the Ordinance requirements, it
does not comply with the intent of the Ordinance, and it sure doesn't
comply with the theory of developing homes, families, babies, puppy
dogs, bicycle trails, and the stuff that makes up a rural residential and I
have, if I may, copies of the subdivision plat that was recorded in the
Kenai Peninsula Borough, I believe (illegible).
Glick: Okay, is there anyone else in the public wishing to speak?
Natalie Kohler, 4350 Beaver Loop Road, Kenai, Alaska - and Mr.
Foster I'm really sorry about that last (illegible) but I do oppose ah...
mostly for the traffic because when you have those big gravel trucks
which goes down the pit and honks their horns, but it was, it still made
it unavailable for my child to ride a bike. My main concern would be the
road is not designed for heavy traffic and for families that live on it.
Urn... we can't have the extra, more traffic than we've already got. Thank
you.
Glick: Thank you. Anyone else in the public wishing to speak? Okay,
seeing none, bring it back to the Commissioners (public hearing closed
at 8:20 p.m.).
Verbatim Ends
Staff had nothing additional unless the Commission had specific
questions.
Bryson noted there was no submittal concerning the emissions of odor,
dust, noise, etc. Bryson asked staff if they've seen plant criteria that
addressed those issues. LaShot replied, the City doesn't have anything
to do with that as it is a DEC responsibility. Bryson thought it would
have been appropriate to include it with a variance request such as this.
Goecke asked if the criteria could be available at the next meeting.
LaShot answered, yes, if the Commission were to continue the hearing
Planning & Zoning COmmission
June 10, 1998
Page 19
until the next meeting.
GOECKE MOVED TO TABLE THE HEARING UNTIL THE DEC
INFORMATION IS AVAILABLE.
Bryson stated, before seconding the Motion, that there may be other
comments that the Commission may want to make before the item is
seconded.
Bryson indicated he would like to fred out if the applicant would be
willing to limit the use of the facility to the specific plant they purchased
and not make it a much larger facility. This could be addressed over the
next couple of weeks.
LaShot stated that if there were any other points which required
clarification the Commissioner's could contact him.
Wemer-Quade stated that 20 people from the area was here and she
assumed that every one of them have a spouse, sister, or mother so that
would make 40 people opposed to the permit. Wemer-Quade asked if
anyone thought that anything that DEC says would make a difference or
change the families minds about the gravel pit in their neighborhood
and rural residential area. Wemer-Quade did not think so.
Mahurin pointed out a motion to table is not debatable and noted that
she was not comfortable with the proceedings with regard to
parliamentary procedure. Glick agreed but pointed out there was not a
second to the motion. Mahurin stated she understood that but there is
debate going on before a second was even made and that bothered her.
Goecke asked the applicant if tabling the issue for two weeks would
create any undue hardship. Foster replied, it would not.
BRYSON SECONDED THE MOTION.
Vote {Motion on table)
MAHURIN No GRAVELY No
BRYSON Yes WERNER-i~UADE No
· GOECKE Yes NORD Yes
GLICK Yes
4 Yes, 3 No, Motion passed.
Glick clarified that PZ98-28 was tabled to the next Planning and Zoning
meeting where there could be another public hearing. The next meeting
Planning & Zoning Commission
June 10, 1998
Page 20
is scheduled for June 24, 1998.
some specific items.
Glick continued, staff was asked for
A question was asked about whether public notice would again be
provided. LaShot confirmed that would happen and will include those
individuals in attendance.
Chris Garcia asked if public input regarding a variance was even
considered. Glick replied, he thought so. Garcia, from the floor,
expressed dissatisfaction with tabling the issue (illegible). Glick
reiterated the item was continued to the next meeting. Discussion took
place between members of the audience. Garcia loudly (from his chair)
stated it didn't make sense to have the members of the audience come
back to say the same thing. A lady stated they could bring more people.
Glick reminded those who did not sign in to do so.
Glick asked for a 5 minute break at 8:35 p.m.
8:40 p.m.
Meeting was called back to order at
PZ98-o-9 -- A resolution of the Planning and Zoning Commission of
the City of Kenai, Alaska, amending the Kenai Municipal Code at
14.20 Kenai Zonin~ Code, Development Requirements Table.
GRAVELY MOVED TO APPROVE PZ98-29. MOTION SF_~ONDED BY
GO~~.
Vesta Leigh, Kenai, Alaska asked what the Table was being amended
to. Glick replied, it's a Development Requirements Table that is being
amended. Leigh asked if it concerned the amount of square feet in a lot?
Springer answered, essentially the Development Requirements Table was
amended to provide better clarification, the requirements were not
lessened in any way and it is basically the same Table with better
clarification. Springer continued, side yard setbacks were also given
better clarification.
Leigh asked if the Table would specify lot square footage required for tri-
plexes rather than a duplex. Springer confirmed the Table does. Leigh
asked if that has already been decided? Springer stated the requirement
remains the same as it always was. After a brief discussion it was
confirmed that the new Table combines single, two-story and tri-plexes
on one line since the square footage of 20,000 is the same.
Leigh asked if the Table remained the same tl~en it means that a tri-plex
can be built on a 20,000 sq. ft. lot. Springer answered, in some zones
that is correct. Leigh asked if that was correct for RR-1. Springer
Planning & Zoning Commission
June 10, 1998
Page 21
confirmed that was correct. Leigh stated that was not enough footage for
a tri-plex and would not be enough room when boats, motorcycles, pick
up trucks, a car, dogs, etc. Springer reiterated the Table requirement
remains the same as prior years. Leigh continued, tri-plexes just went
in there last year, it was just duplexes up until then. After another brief
discussion it was reiterated the Table did not change with regard to the
square footage required for tri-plexes. Leigh insisted that could not be
right and she opposed to having tri-plexes on 20,000 sq. ft. lots.
Glen McCoHum, Sr., Kenai, Alaska - stated originally duplexes were on
RR-1 in the MAPS area and just before the Chumley deal the City had a
meetin§ and started to allow tri-plexes, that is the way he understands
it. McCollum continued, 2.5 acres and divided four ways would only
give 19,800 sq. ft., after taking 33-1/3 off for the right of way. A tri-plex
on 19,000 sq. ft. will be too small to hold 2 cars for every family or 6
cars, bicycles, a dog or two, and RV's. McCollum stated the Commission
had to §o back and look at the requirement again because they are
trying to keep this from getting to be a §hetto. Townhouses were put in
the area and that woke everybody up to get on guard. It was agreed that
duplexes would be allowed and it only always said duplexes. McCollum
continued, it was last winter the Commission changed it, just before
Chumlcy come in. McCollum insisted he was not insinuating anything
but that's the way he remembers it and said the Commission better §o
back and look at it. McCollum noted that he was speaking for another
group and they object to having tri-plexes.
Nolan Conklin, Beaver Loop, Kenai, Alaska asked if the change had
anything to do with the 1420 with the intent and application process for
conditional uses and if there were any changes in that coding. Glick
answered, no.
Public hearing closed.
Mahurin thought perhaps members of the audience were talking about
changes that were made in the Land Use Table which came first. The
Development Requirements Table came second. The change was made
with the Land Use Table which has already gone into place.
Nord noted the Development Requirements Table does not address
anything until it gets to four-plexes. It was also noted the change was
made on July 26, 1991 and it stated the minimum lot area in RR-1 zone
was 20,000 sq. ft.
Goecke stated that he especially like the last part of the Development
Requirements Table which addressed Administrative exemptions. Had
the Table been in effect the variance for the side yard setback would not
Planning & Zoning Commission
June 10, 1998
Page 22
have had to been heard at this meeting. Goecke continued, he would
still like to have staff provide Planning and Zoning with a record
whenever anything is administratively approved.
Bryson stated he understood that an item with administrative exception
would be on as a consent agenda subject to approval by the Planning
Commission. Bryson continued, that would be his preference.
Gravely highly recommended to staff that when a Table is going to be
changed and included in a packet that it have "Draft" written on it and
the correct date be on the bottom. Gravely noted the date on the
material included in this packet had the date of 7/26/91 and it leads to
a bit of confusion. Gravely continued, if the Table was included in the
packet as a draft with a copy of the original a lot of issues could be
clarified. One thing that concerned Gravely is if it is passed the date on
the lower left comer should reflect today's date (6/10/98).
Mahurin asked if the practice would be if there are administrative
exceptions the information would come to Planning and Zoning on a
consent agenda. Mahurin asked if this was also part of the Motion.
Bryson replied, it is not part of the Motion but is treated as directing City
to handle it in a certain way.
BI~YSON MOVED TO AMEND THE MOTION TO ADD THE PHRASE
"SUBJECT TO APPROVAL BY T/~ PLANN/NO COMM/S$ION" TO THE
LAST SENTENCE ON PAGE THREE OF THE DEVELOPMENTS
RE~UII~MENTS TABLE, ADMINISTRATIVE EXEMPTIONS SECTION.
MOTION SECONDED BY MAHURIN.
Mahurin noted, now that she seconded the Motion, that in essence it is
already coming to the Commission for major action so there can't be an
exemption given. If it comes to Planning as an automatic consent
agenda and the Commission could pull it if there were a problem is frae.
Mahurin noted the language didn't say consent agenda, so with the
approval of the maker of the Motion, she felt it needed to be re-worked.
Bryson stated unless Administration just wanted to slow it down it
would come to the Commission as fast as items that are submitted on
Thursday and it is seen the following Monday. It could be done in a
week as opposed to going through a public hearing.
When asked for additional clarification, Bryson reiterated how he would
like the last paragraph on page three of the Developments Requirement
Table to read, ~ The administrative official may reduce setback
requirements up to ten (10) percent subject to approval of the Planning
Commission based on submittal of a plot plan or an as-built survey."
Planning & Zoning Commission
June 10, 1998
Page 23
Bryson noted that this allowed the Planning Commission or the public to
object to it if they read the public notices. Smalley asked if it would still
require notification to property owners. Bryson replied, that is not the
intent but it can still go through the same process but this is proposed
to be ratified at the Planning Commission if there are any objections.
Mahurin stated it was very interesting to have this discussion because
she recalls being the only one who voted against it originally because
she still wanted the Commission to have approval which meant
notification to property owners. Mahurin stated that is why she
seconded Bryson's Motion because the rest of the Commission voted to
have an addendum to the Table. Mahurin continued, she understands
the intent was to say that it's okay for the City to do it, draw up the
paperwork and it would come to the Commission. Mahurin indicated
that she is confused and doesn't know whether to approve or disapprove
since she objected to it in the first place.
Goecke thought that public hearing was not required on a consent
agenda, t3ryson added, he could vote against his amendment and that
would solve the administrative problems if administration still feels that
public notification is a requirement. Springer stated it was
administration's intention to speed up the process and reduce cost by
eliminating the public notification.
Wemer-Quade thought the entire point was so that the Commission
wouldn't see requests 10% or less at each meeting.
MAHURIN MOVED FOR SUBSTITUTION OF THE MAIN MOTION. THE
CURRENT LANGUAGE SAYS "THE ADMINISTRATIVE OFFICIAL MAY
REDUCE SETBACK REQUIREMENTS UP TO TEN (10) PERCENT
BASED ON SUBMITTAL OF A PLOT PLAN OR AN AS-BUILT SURLY."
THE SUBSTITUTED AMENDMENT WOULD SAY "SUCH EXEMPTIONS
WILL BE ADDED TO THE NEXT PLANNING AND ZONING
COMM~$ION MEETIN~ AS AN ITEM ON THE CONSENT AGENDA..
SUBSTITUTE MOTION SECONDED BY BRYSON.
Vote - Substitute Motion (PZ98-29)
GRAVELY Yes BRYSON Yes
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHURIN Yes
GLICK Yes
Substitute Motion passed unanimously. The last motion is
substituted for the original motion.
Planning & Zoning Commission
June 10, 1998
Page 24
®
Vote - ~mendment of Main Motion (PZ98-29)
BRYSON Yes WERNER-~UADE Yes
GO~~ Yes NORD Yes
MAHtTR/N Yes GRAVELY Yes
GLICK Yes
~mended Motion passed unanimously.
Vote - Main Motion (PZ98-29)
WERNER-QUADE Yes GOECKE Yes
NORD Yes MAHURIN Yes
GRAVELY Yes BRYSON Yes
GLICK Yes
Main Motion passed unanimously.
NEW BUSINESS:
ae
Vacation-- Right of Way ~k Utilities Easements, Government Lots
24, 44 & 45
GOECKE MOVED TO APPROVE THE VACATION OF RIGHT OF WAY
AND UTILITY EASEMENTS ON GOVERNMENT LOTS 24, 44 ~k 45.
MOTION SECONDED BY BRYSON.
Glick reported that the Commission will make a formal recommendation
to Council for the vacation.
Bryson confirmed this was before the Borough Planning Commission
and it was recommended for approval.
Staff had nothing additional.
Vote
GO~~ Yes NORD Yes
MAHURIN Yes GRAVELY Yes
BRYSON Yes WERNER-QUADE Yes
GLICK Yes
e
®
OLD BUSINESS: - None
CODE ENFORCEMENT ITEMS:
Planning & Zoning Commission
June 10, 1998
Page 25
10.
Lot 35, Block 2, Bush Lanes Subdivision (1237 Lilac Lane)
Lot 4, Bock 2, Kaknu Comers
LaShot reported that no response was received regarding the notices that were
sent out.
REPORTS
City Council
Smalley reported that City Council met at the Senior Center this evening
(June 10, 1998) and the budget was passed as finalized. The mil! rate
remained at 3.5. This special meeting was held due to a slight error with
the notification in the newspaper.
The following report was given based on the copy of the City Council
agenda included in the meeting packet:
Ordinance 1784-98, requiring permits for home occupations was passed
unanimously.
Item C-4 the phone system for ARFF passed unanimously.
Items 7 and 8 passed. Resolution 98-38 was amended t° $160,000 and
passed unanimously.
A new speaker system was approved for Council Chambers and will be
ordered soon.
A discussion on the work session with the Historic District Board,
Planning and Zoning and City Council will be held in August.
Items H-3 and 4 were introduced and will be voted on at the next
Council meeting.
Item H-5 and 6 were approved.
The evaluations for the City Clerk and City Attorney were discussed in
Executive Session. Council is very satisfied with the performance of
both the City Clerk and Attorney and recommended an increase in
salary.
The Board of Adjustment decisions are included in the packet. All three
appeals have been granted.
Planning as Zoning Commission
June 10, 1998
Page 26
de
Council approved a $500 donation to the Aurora Dancers who will
compete in a national dance competition. The agreement with the
dancers is that they will work with the Parks and Rec Department for the
funds.
Mahurin reported she was very disappointed that the Continuum
Corporation was not going to continue with the facility. Smalley stated
they could not continue because of problems with funding.
Borough Planning
Bryson reported a Planning meeting was held on June 8, 1998. The Plat
Committee hearing had five plats to consider. All were approved.
Items that generated discussion at the regular meeting included 5. a, 1,
Anchor Point Road and Bridge Construction over the North Fork Anchor
River was requested to be removed from the consent agenda. It was
discussed and during that time the representative from the group in
Homer provided testimony. Basically the Borough staff made comments
and recommendations to the DGC based on coastal zoning criteria. The
criteria was approved by Planning. Bryson had a copy available for
review.
Item F-3, vacation of a portion of a 33 foot easement was described at
east of Bridge Access Road, north of Kalifomsky Beach Road. This
vacation would have provided access to Martin's property. Martin was in
favor of the vacation. This would have had to cross a moderately deep
gully and wetlands area. There was no objection to the proposed
vacation and the comments will be forwarded.
11.
12.
Item F-4, Land Use Permit for a Gravel Site, Tract B, Anchor Point area.
The item was rather deceptive in its simplicity because there was a great
deal of testimony on it. The item was postponed to the next regular
meeting for the collection of additional information. The area has a very
high water table and the applicant is proposing to excavate into the
water table. People rely on shallow wells in this area, one well is only 6
feet to the bottom.
e. Administration:
Nothing to report.
PERSONS PRESENT NOT SCHEDULED: - None
INFORMATION ITEMS:
Planning & Zoning Commission
June 10, 1998
Page 27
Memo from City Clerk Freas Regarding Excused Absences
Information re~arding the Historic District Board
Appeal Decisions (Fruichantie / Stock/Bur~er Ktn~)
Corps of Engineers Public Notice
City of Kenai 1997 Annual CLG Report
KPB File 98-092 Plat Waiver Information
KPB Notice of Public Hearing-- KPB File 98-071
Plannin~ Commission Roster
13.
COMMISSION COMMENTS AND QUESTIONS:
Commissioner MahUrin indicated her disappointment once again with Council
action on the signs. It makes her wonder who is actually doing the planning .
and zoning. Mahurin also expressed concern about MAPCO having cardboard
things attached to their sign post and the 7-11 by Thompson Park has a sign
hanging off to the side. Mahurin asked if that is considered additional square
footage for signage and requested that staff follow up on it.
Mahurin asked if the City is going to open the gate at the commercial float
plane basin and if that was a function of City Hall. Roper reported that she
had asked Holland about opening the gate and was told it will remain locked to
keep ATV's from going in and doing damage. Mahurin reported that vehicles
are getting in anyway as tracks are seen in the ditches beside the gate.
Mahurin also reported fresh signs of moose in the area. Roper will mention it
to Holland again.
14. ADJOURNMENT:
C, OEC~ MOVED TO ADJOURN. MEETING ADJOURNED AT 9:20 P.M.
Respectfully submitted,
Barbara Roper, Contract Secretary
Planning & Zoning Commission
June 10, 1998
Page 28
ITEM 1'
ITEM 2:
KENAI BEAUTIFICATION COMMITTEE
JUNE 9, 1998
*** 5:30 p.m.
Kenai Council Chambers
Chairperson Susan Hett
***AGENDA***
CALL TO ORDER &, ROLL CALL
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MINUTES- May 12,' 1998
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5:
OLD BUSINESS
a.
Roses/Lilacs for 1998
ITEM 6:
NEW BUSINESS
a.
Nikiski Young Women's Club
Beautification Judging
Planting Update
ITEM 7:
REPORTS
a.
Committee Chair
Parks & Recreation Director
Kenai City Council Liaison
ITEM 8: OUESTIONS AND COMMENTS
ITEM 9:
I1~, ORMATION
a.
Parks & Recreation Commission Meeting Minutes - May 7, 1998
City Council Action Agenda - 5 / 6 / 98 and 5 / 20 / 98
6 / 2 / 98 CLF memorandum regarding "excused absences."
ITEM 10' ADJOURKMENT
KENAI BEAUTIFICATION COMMITTEE
June 9, 1998 - 5:30 p.m.
Kens/City Council Chambers
Chairperson: Susan Hett
*** Minutes
1. ROLL CALL
Chairperson Susan Hett called the meeting to order at 5'45 p.m.
Voting Members Present:
Jean Rogers, Susan Hett, Helen Brown
Members Absent:
Marilyn Dimmick, Barb Nord, Sylvia Johnson,
Karolee Hansen
Non-Voting Members Present: Linda Overturf
Non-Voting Members Absent: Jeneane Benedict
Others Present:
Bob Frates, Contract Secretary Barb Roper,
Councilwoman Linda Swamer
No quorum was established so Chairperson Hett canceled the meeting. A work
session followed.
2. APPROVAL OF AGENDA:
0
APPROVAL OF MINUTF~....: - May 12, 1998
®
PERSONS SCHEDULED TO BE HEARD' - None
4. OLD BUSINESS
a®
Roses / Lilacs for 1998
5. NEW BUSINESS
a®
Nikiski Young Women's Club
Beautification Judging
Planting Update
®
REPORTS
Beautification Committee
June 9, 1998
Page 1
Committee Chair
Parks ~ Recreation Director
Kenai City Council Liaison
®
QUESTIONS AND COMMENTS
8. INFORMATION
Parks ~ Recreation Commission Meeting Minutes - 5/7/98
City Council Action Agenda -5/6/98 and 5/20/98
6/2/98 CLF memorandum regarding "excused absences,n
9. ADJOURNMENT
Respectfully submitted,
Barbara Roper, C~)n~act Secretary
Beautification Committee
June 9, 1998
Page 2
HISTORIC DISTRICT BOARD
June 15, 1998 - 7:00 p.m.
*** AGENDA***
Kenai City Hall
Chair Dorothy Gray
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: April 20, 1998
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. HISTORIC BOARD REVIEW:
6. NEW BUSINESS:
7. OLD BUSINESS:
a. Preservation Plan
b. Walking Tour Brochure
8. REPORTS:
a. City Council
b. Administration
9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
~ 0. BOARD QUESTIONS AND COMMENTS:
INFORMATION:
a. Historic District Board Roster
b. 1997 Annual CLG Report
e. Information supplied to Council regarding Historic District Board
d. Memo from Clerk Freas dated 6/2/98 regarding Excused Absences
e. "Preservation Advocate News"- May 1998
f. Letter from U.S. Department of Interior regarding "History on the Line"
~12. ADJOURNMENT:
HISTORIC DISTRICT BOARD
June 15, 1998- 7:00 p.m.
Kenai City Hall Council Chambers
Chair Dorothy Gray
*** MINUTES ***
®
®
®
®
Se
®
0
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, Bill Kluge, Gloria Wik,
Cecelia Richard {arrived at 7:07 p.m.)
Also Present:
Administrative Assistant Marflyn Kebschull, Contract
Secretary Barb Roper
APPROVAL OF AGENDA
THE AGENDA WAS APPROVED AS PRESENTED.
APPROVE OF MINUTES: April 20, 1998
THE MINUTES OF APRIL 20, 1998 WERE APPROVED AS WRITTEN.
·
PERSONS PRESENT SCHEDULED TO BE HEARD - None
HISTORIC BOARD REVIEW- None
NEW BUSINESS - None
OLD BUSINESS
a. Preservation Plan
Kebschull reported that she made the corrections as noted at the April
20, 1998 meeting and the Preservation Plan can now be forwarded to the
Planning and Zoning Commission for review and then to Council for
approval.
Gray asked if it would be necessary to have a member present the Plan
to the Planning and Zoning Commission. Kebschull recommended a
member attend both meetings (Planning and Zoning and City Council) to
explain how the Preservation Plan was developed and to answer any
questions.
Cecilia Richard arrived at 7:07 p.m.
After a brief discussion it was decided that Kluge and Richard will attend
the June 24, 1998 Planning and Zoning meeting.
The Board reviewed the Preservation Plan and the following corrections
were made:
Page three, the title should have "Table of Contents" included.
Page three, Item 1, Goals and Objectives should be removed from
the sentence. Gray also recommended the Table of Contents be
checked against what is included in the Plan to assure the titles
match.
Item 6 on page 3 'building' should be plural (buildings).
In the last sentence of the last paragraph in the Mission
Statement the date should be 1898 - 1925.
Under Item 12 on page 6 of 8, the first bullet should be removed
as the paragraph is an introductory to the following bulleted
items. The paragraph should be moved over to the left of the
page.
Richard questioned the last bulleted item on pages 7 of 8 and asked if it
should be changed in order to read better. After a brief discussion it was
confirmed the sentence was taken directly from the State Preservation
Plan.
Richard also questioned the Historic District Board membership roster
as the one included in the Plan was not current. An updated roster was
included in the meeting packet and it will be included in the
Preservation Plan.
Gray offered to review the Preservation Plan one last time before going to
Planning and Zoning. Kebschull noted she woUld need the information
by Wednesday in order to get it in the Planning and Zoning packet.
Kebschull noted that the Preservation Plan w/Il be forwarded to OHA in a
binder to assure a nice presentation.
WIK MOVED TO ACCEPT THE PRESERVATION PLAN AS AMENDED
AND TO FORWARD IT TO PLANNING AND ZONING FOR REVIEW AND
RECOMMENDATION TO CITY COUNCIL FOR APPROVAL. MOTION
SECO~ED BY KLUGE.
VOICE VOTE - ALL IN FAVOR- Motion passed unanimously.
HISTORIC DISTRICT BOARD MEETING
June 15, 1998
Page 2
®
Gray stated she was happy to have the Preservation Plan complete as it
was in the works for three years.
be
Walking Tour Brochure
A copy of the walking tour brochure was provided in the meeting packet.
A couple of errors were noted but the Board was pleased with the end
result. Richard reported that Tarr from the Visitors Center said the cost
of the brochure was approximately $800. This exceeded the budgeted
amount by nearly $200. It was also noted that 2000 copies of the
brochure were made. Gray stated the brochure adds more incentive for
people to walk through the Old Town area.
It was reported that Huhndorf will conduct a walking tour for the
Visitors Center staff on June 16 at 2'00 p.m. Huhndorf also provided
walking tours for school children before school ended for the summer.
Richard reported that Tarr thought the signs in Old Town looked very
nice and encouraged the Historic District Board to keep up the good
work.
Gray asked if Council had commented yet on the walking tour brochure.
Kebschull replied, she did not attend the last council meeting but hasn't
heard anything. Kebschull continued, the walking tour brochure is an
amazing feat with no cost at all to the City.
REPORTS
City Council
Gray asked about the work session to be held with City Council
regarding the Historic District Board. Kebschull noted the memo
included in the packet contained a note from City Clerk Freas indicating
a date for a September work session will be set at the Council's August
19, 1998 meeting.
Gray asked if anyone knew what was the purpose of work session.
Kebschull stated, she understood Council is still reviewing options of
whether or not to maintain separate a Historic District Board or consider
incorporating the duties with Planning and Zoning.
b. Administration
Kebschull reported the 1997 annual report was complete and a copy
provided to Council. She added, Council has commented in the past
they would like to receive an annual report. The 1997 annual report
HISTORIC DISTRICT BOARD MEETING
June 15, 1998
Page 3
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 17, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www. Kenai.net / city
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.
Ce
SCHEDULED PUBLIC COMMENT (10 Minutes)
PUBLIC HEARINGS
o
Ordinance No. 1785-98 - Finding That Certain City-Owned Land
Described as Lots 1-6, Block 1 and Lots 1-7, Block 2, Five Irons Heights
Subdivision, is Not Required for a Pubhc Purpose and Can Be Sold, and
That Land and Water Conservation Restrictions Be Converted to
Substitute Land.
.
e
Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for
the Challenger Learning Center of Alaska in the Challenger Capital
Project Fund.
Resolution No. 98-39 - Transfemng $1,400 in the Streets Department
for Curb Repair.
.
5.
Resolution No. 98-40 - Granting Authorization to Participate in the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Drug Control and System Improvement Formula Grant {Commonly
Known as the Byme Grant).
Resolution No. 98-41 - Transferring $1,800 in the General Fund for
Microfilm Conversion.
.
.
Resolution No. 98-42 - Transferring $3,000 in the Buildings
Department for Lighting Replacement in the Fire Department Apparatus
Room.
Resolution No. 98-43 - Awarding the Bid for KPSB Fire Department
Apparatus Room Lighting Replacement - 1998 to Kachemak Electric, Inc.
for a Total Amount of $17,998.
De
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
a,
Beautification Committee
Historic District Board
Challenger Board
Kenai Visitors & Convention Bureau Board
Alaska Municipal League Report
E®
MINUTES
le
*Regular Meeting of June 3, 1998.
*Special Meeting of June 10, 1998.
F. CORRESPONDENCE
G. OLD BUSINESS
He
NEW BUSINESS
.
Bills to be Paid, Bills to be Ratified
.
Purchase Orders Exceeding $2,500
e
*Ordinance No. 1787-98 - Replacing the Current Kenai Municipal Code
Development Requirements Table, Its Footnotes and Addendum.
*Ordinance No. 1788-98 - Amending Kenai Municipal Code, Chapter
6.05, Entitled Voting Qualifications and Procedures.
-2-
,
,
,
,
o
10.
Approval- Lease Renewal- Office and Ticket Counter Space #28/29 -
SouthCentral Air, Inc.
Approval - Lease Renewals- Office and Ticket Counter Spaces 32/33
and 34 / 35 -- ERA Aviation, Inc.
Approval- Petition to Vacate the 33 Foot Wide Easements for Public
Right-of-Way and Utility Purposes Wtihin the Southerly 33 Feet of
Government Lot 24, and Within the Northerly 33 Feet of Government
Lots 44 and 45; All Within Section 34, T6N, R11W, Seward Meridian,
Alaska; Kenai Recording District and Within the City of Kenai. The
Easements Were Granted by BLM Patents; KPB File -98-090.
Discussion - Site Consideration/Kenai Public Health Center.
Discussion - Cunningham Park/Kenai River Classic.
Discussion - Sale of Dairy Queen
I®
ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUT~ SESSION- None Scheduled.
K. ADJOURNMENT
-3-
KENAI CITY COUNCIL- REGULAR MEETING
JUNE 17, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: ! / www. Kenai.net ! city
ITEM A:
CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-X.
PLEDGE OF ALLEGIANCE
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk.
Bannock, Smalley and Williams.
Present were: Bookey, Swarner, Moore, Measles,
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD AT:
B-l, Jason Elson- Alaska Fire Chiefs Association
SUBSTITUTE:
H-2, Purchase Orders Exceeding $2,500 - Replacement H-2
with changes noted.
ADD TO:
I-1, Mayor's Report - Renewal of Philip W. Bryson's appointment
as the City's representative to the Kenai Peninsula Borough
Planning Commission.
I-1, Mayor's Report - 6/15/98 DCRA letter noting FY99 State
Revenue Sharing Program's entitlement to City as $175,836.
MOTION:
Councilman Smalley MOVED for approval of the agenda as amended and requested
UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were
no objections. SO ORDERED.
CONSENT AGENDA
Mayor Williams noted he had no changes to the consent agenda.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 2
MOTION:
Councilman Smalley MOVED for approval of the consent agenda as presented and
Councilman Moore SECONDED the motion. There were no objections. SO
ORDERED.
ITEM B:
SCHEDULED PUBLIC COMMENT
B-1.
Jason Elson - Alaska Fire Chiefs Association
Elson stated he was representing the Alaska Fire Chiefs Association. Elson explained
the Governor signed HB 473 on June 16. HB 473 establishes an Alaska Fire
Standards Council and gives regulatory authority to a fire service to develop minimum
and professional fire standards for fire training throughout Alaska. He noted, the
Kenai Fire Department has always met the highest national standards available, and
now many small departments in Alaska can do the same.
Elson explained, the development and passage of HB 473 was done quickly and much
because of Mayor Williams championing their cause. He thanked Williams for his
assistance to the Fire Chiefs Association with this very important legislation and
presented him with a Alaska Fire Chiefs monogrammed jacket.
Williams thanked Elson and noted, the development and ultimate passage of the bill
was largely due to the team effort of the Fire Chiefs Association and area legislators.
He added, each time there were hearings in regard to the bill, members of the
Association were involved and giving testimony in person or by teleconference calls.
ITEM C:
PUBLIC HEARINGS
C-lo
Ordinance No. 1785-98 - Finding That Certain City-Owned Land
Described as Lots 1-6, Block 1 and Lots 1-7, Block 2, Five Irons Heights
Subdivision, is Not Required for a Public Purpose and Can Be Sold, and
That Land and Water Conservation Restrictions Be Converted to
Substitute Land.
MOTION:
Councilman Moore MOVED for approval of Ordinance No. 1785-98 and Councilman
Measles SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 3
There were no public comments. Williams explained the ordinance spoke to 13 city-
owned lots along the golf course. He noted, ff all proceeds as scheduled, the lots
would be up for sale by the end of July. City Manager Ross added, the purpose of the
ordinance is to find the lots not needed for public purpose and to meet the criteria in
regard to conversion of the Land and Water Restrictions to substitute land, i.e. taking
lands designated recreation, selling them and using the proceeds for recreation. This
agreement has to be signed off by both the state and federal government.
Ross also noted, the lots would be sold like those of Inlet Woods, i.e. appraised first,
minimum bid set at appraised value, and sealed bids accepted. Those lots not sold
will be available for negotiated sale and made available for realtors.
There were no questions or comments from council.
VOTE:
Bookey: Yes Swamer: Yes Moore:
Measles: Yes Bannock: Yes Smalley:
Williams' Yes
Yes
Yes
MOTION PASSED UI~ANIMOUSLY.
C-2.
Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for
the Challenger Learning Center of Alaska in the Challenger Capital
Project Fund.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance No. 1986-98 and
Councilman Smalley SECONDED the motion.
Bill Kluge - Requested council to withhold appropriating the funds at this time as he
wanted to make some facts public and share with council, adding most {of council}
had documentation that supports the facts. Kluge explained, there were four firms
{who submitted proposals for the development of the facility) short-listed to interview
for the work. The proposals submitted were evaluated based on qualifications and
experience and then scored. The fn-m recommended to perform the work scored
identically to his firm. The request for interview after the original proposals were
submitted, actually stating what was to be submitted in the way of a fee.
Kluge continued, his firm responded explicitly to what was requested. However, their
was some confusion in the design process in that he was informed by two board
members and two construction committee members, that he had not responded fully
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 4
to what was requested. Kluge added, he read the request for fee in the manner he
presented as did four other firms, i.e. half of the frrms submitting, read the request for
fee the same. Kluge noted, if the fees were compared fee-to-fee, his firms' fee was
$66,789 less than the recommended firm.
Kluge continued, the project is not a fast-track project and he felt in the interest of
fairness to the proposers, the project, a.nd the taxpayers, everyone should step back
and consider what is fair, what is appropriate, and what is the best for the project.
Councilman Moore noted the ordinance was not to award the project to a specific
firm, but to appropriate funds. Kluge stated he understood that and felt this was his
only recourse to stop the award of the project because he had not had the opportunity
to address the information to the Challenger Board. He added, a recommendation
has been made to their Board and was adopted to award the project to Architects
Alaska/K lauder & Associates. Kluge continued, he wanted to present the facts and in
light of the funding of the project, $66,000 would help in making the project a reality.
Bill Popp - Challenger Project Coordinator. Popp requested members of the
Challenger organization and members of the selected architectural team stand for
recognition.
Popp described the selection process for the architectural fn-m and stated, it was a
clean process and everyone was very happy with the process. He noted the
qualifications of those who put the process together were very high-rated.
Popp noted, a joint construction committee was formed in November, 1997 at the
behest of the city council and the Challenger Board of Directors. The committee's job
was to help with the design and construction facility. First, to identify an architect to
design the facility and designed an RFP. They included as much information as they
could in order for those submitting proposals to know as much as possible of what
was being requested and what they intended to design. Popp continued, the team
was made up of Jack La Shot and Bob Springer from the City of Kenai; Mike Tarr,
Director of local FAA office; Jeff Warton, Bid Specialist from Spenard Builders Supply;
Rob Robson, Capital Projects Director at KPB; Phil Biggs, Technology Director,
KPBSD; and Laura Perry, Communications and consultant for PTI Communications.
Popp continued, with this team's expertise they were able to develop an RFP and
advise on the design of the facility for the best possible facility at the best possible
price.
The RFP was designed in four months and was extensively researched. He noted,
there have been comments from architects stating the RFP provided a lot of
information not normally included in RFP's. Popp added, the RFP was advertised in
April and was available for one month. At the end of the process, there were seven
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 5
firms responding. The RFP was developed to identify qualified teams (not looking for a
design at this time). The RFP was also designed to whittle the seven teams to a short
list of three teams. However, in the scoring process (based on a series of criteria and
independently scored by six members of the construction team), four firms were
short-listed because the three and four team were tied.
Popp noted, GDM, Inc. was the leader, Klm & Associates was second, Architects
Alaska/K lauder & Company and Kluge & Associates were tied for third/fourth places.
In this dilemma, they decided to go forward with a short-list of four teams. The short-
list teams then gave (a week later) 45 minute presentations before the scoring
members of the construction committee. They were allowed 30 minutes in which to
state their strongest attributes in their organization, what they envisioned as to
concept, etc., how things would progress, etc. After that, there was a 15 minute
question and answer session.
Popp added, there was a wide variety of presentations made from talking and
answering questions to past work, organizational structure and power-point
presentation (slides, techniques, video tape). After that, the construction committee
met and discussed their initial impressions of the presentations and then a vote was
taken. The choice was an immediate and unanimous decision in favor of Architects
Alaska/K lauder & Company and based on the fact this was the best possible
architectural team to design the facility as they wanted it to be designed and as cost-
effective, showing what the Board wants the facility to be.
After this recommendation was made, a written recommendation was prepared and
forwarded to the Challenger Board of Directors who voted on the recommendation.
The Board discussed the issue for approximately two hours and then voted
unanimously, by roll call vote, with two-thirds of the board present, for Architects
Alaska/K lauder & Company.
Councilwoman Swarner asked if all the Board of Directors were present during the
vote. Popp answered no, two-thirds of the Board were present and was a unanimous
vote of the two-thirds present. Swarner asked if the Board's meetings are open to the
public. Popp answered, in this instance the Board chose to go into executive session
to discuss financial issues relating to the finances of the corporation. Prior to the
vote, they exited out of executive session and offered an opportunity for anyone to
speak to the issue. Swarner asked if the meeting was open for public comment prior
to going into executive session. Popp answered, it was open to the public prior to
executive session and vote taken to go into executive session.
Moore stated he was not sure why Popp was defending their process in review of the
ordinance. Popp stated, his intentions were strictly informational as a question was
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 6
raised as to their process and he wanted to explain what the process was. Moore
stated he had some concerns as to the entire project and where it was h~eaded.
City Manager Ross reviewed the project's progress. He stated, the city found out
through the national Challenger organization they are the owner of the modules if the
local Challenger program ceases operation. The City also found out, through NASA,
this is a grant for construction of the facility, the ownership of which is contingent
upon the continued operation as a Challenger facility. When it is not operating as a
Challenger facility, NASA determines whether or not or to whom the structure goes as
it would have been built from grant funds.
The City of Kenai has asked for the same protection, i.e. would it be acceptable to
NASA if the land being used for the facility is out on a long-term lease contingent
upon the project operating as a Challenger facility. If it no longer operates as a
Challenger facility, the national Challenger organization has claim on equipment,
modules, etc., NASA has claim on structure, and the City of Kenai protects its land
interest through the lease agreement clauses. This was agreed to by Challenger and
NASA. NASA has stated other past agreements (Memorandum of Agreement, etc.)
need to be redone and Ross agreed they do, based on the new information regarding
ownership. Ross added, many of the issues can be addressed in a lease agreement.
Ross noted, the ordinance before council was to enable the city, if funds are received,
to appropriate those funds. The special conditions of the Challenger grant, being
awarded by NASA, just came available to the city. Under the special conditions, it is
not clear the city will be doing all the construction administration. The special
conditions state NASA has reserved much of those responsibilities for themselves
(project approvals, etc.). Ross added, a teleconference with NASA to discuss those
issues had been scheduled for Tuesday. However, he, the city attorney, finance
director and auditor met and discussed the city's situation during a long meeting
already because in the special conditions there is no mention of the city in the
financial loop or in the construction administration loop and leaves those
responsibilities with the national technical advisor.
Ross continued, at this point the city did not know to what extent it would be
involved. The ordinance enables the city to appropriate the funds if they should come
through and there would not be another month's delay. The enactment of the
ordinance (taking the responsibility) and appropriation of the funds is contingent
upon Challenger giving the city the funds and NASA working out how the
arrangement with the city will be (in the special conditions, as they are now, the
relationship is strictly NASA/Challenger).
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 7
Moore asked, if it is in question whether or not the city will have construction
administration responsibilities, how can the funds be appropriated. Bookey stated he
agreed totally with Moore and had the same question.
MOTION TO AMEND:
Councilman Bannock MOVED to amend the third whereas, replacing the words "shall
be provided by the non-profit entity" with "shall be contingent upon Challenger
funding." Councilman Bookey SECONDED the motion.
Bannock explained, the amendment would put the City of Kenai in the loop should
funds be received by the city earmarked for the Challenger Learning Center whether
the funds come from NASA, State of Alaska, a benefactor, etc. If there is no funding
forthcoming to the City of Kenai, the ordinance is worth nothing and eliminates any
future potential problems of funding or no funding. Bannock added, council passed a
similar ordinance with ESI in regard to the fire training center.
Moore stated funding was the least of his worries, but was concerned about
construction administration. He added, the question is whether the council will be
involved with the construction administration or whether it should be involved in it.
Ross stated, in the past, he thought council had taken the position it would be
revolved in construction administration as it was in the Memorandum of Agreement.
What has been questioned now is because NASA has involved itself in some of the
areas where the city would normally be involved. Now the city will be asking NASA
what they see the city's role to be in the project as now, from the special conditions, it
is a lesser role than what council had anticipated in the Memorandum of Agreement.
Councilman Measles stated, he believed that is where the problem lies and has the
same concerns Councilman Moore stated. He added, the council is voting on an
ordinance but has no idea of whether it has the authority to it or not as it is unknown
whether the city will be involved at all, a little bit or a whole lot. If the city will not
have some responsibility in the construction management, then they should not be
acting on the ordinance.
Bannock stated, he believes the council did take on the responsibility and if NASA
decides to change it, they can. At this time, council has gone on record as being
willing to be in that position for grant administration. With this ordinance passed and
if funds are granted, the city is in the position to administer those funds. The
Challenger organization has asked the city to do that and the city has been receptive
in that request. The ordinance is a follow-up on that, but could be changed in the
future. He requested council to proceed as agreed upon earlier and act as a pass-
through organization for Challenger funds.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 8
Bookey stated he agreed with Moore and Measles and added, council had no reason to
fast-track the appropriation at this time. Continuing, Bookey stated he was always
under the impression the city would take over the construction of the project. Now
they've been told NASA may manage the construction. Bookey added, he did not want
to do anything with the ordinance until the city knows who will maintain the project.
Bannock disagreed and stated, the worst that could happen is that NASA states they
will administer the $2.5 million (grant funds). In that event, the city will not have
anything to do with the construction of the facility and the ordinance would be moot.
Bannock continued, what the ordinance does do is if the funds come in, it allows the
Challenger Center to be ready to go. He added, there is no need to delay this
particular action.
Bookey stated he did not feel comfortable passing the ordinance as it is not known
what the city's responsibility will be- all or part. Bannock stated, council
unanimously passed a similar ordinance for the ESI project and this is the same
thing. Moore stated he saw risk for the city to make a decision to appropriate the
funds (as construction adra_Jnis~ator) and then NASA stating they are construction
administrators. The city would have appropriated monies incorrectly and those
monies would be the city's responsibilities. Bannock stated, with the amendment
included, that would be incorrect.
Bannock called for the question on the amendment.
VOTE ON AMENDMENT:
Bookey' No Swarner: Yes Moore:
Measles: No Bannock: Yes Smalley:
Williams: Yes
No
Yes
MOTION PASSED.
Discussion on the main amended motion: Bannock stated, it was not possible for the
city to be at risk because without funding there is no $60,000 appropriation.
Swamer asked what would happen to the project if the ordinance was tabled until the
July 1 meeting. Ross answered, the ordinance would sit until there is a resolution to
award the project and would probably not have a delay effect. Swamer stated she
was concerned as was Bookey, Measles and Moore with what will happen during the
teleconference and what NASA will say. She added, she would like those answers
prior to action on the ordinance.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 9
Smalley asked Swarner to delineate what her concerns were and asked Popp to
address the question of potential tabling of the motion. Swamer stated, if NASA is to
take over more of the construction, she wanted to know how much it would be and
what the city's part would be. Ross stated, there are phases in the special conditions
NASA has reserved for itself that the city normally has done in other grants, i.e.
design reviews, cost reviews, awarding, selection of contractors, etc. Also, NASA has
not stated what responsibilities the city will have. Ross continued, additionally, the
special conditions do not state the city is in the loop for the money.
Swarner asked who the land would revert to if the Center was removed from the
structure. Ross stated it would revert to the city and was definitely answered in the
affirmative by NASA- the structure they are funding can go on long-term city-leased
land and the city can write stipulations into the lease to protect the city's property
interest if NASA reclaims their structure.
Measles asked, if the city is in the loop, the award will have to be approved? Ross
answered, he, the city attorney, finance director and auditor, spent two hours
discussing this matter. If the city is the construction manager and the city's financial
accounting system is in place for all of it, the city would do the award. If the city is in
an agency role doing pass-through on the command of Challenger and reviewed by
NASA, this would change. The city may not have the responsibilities and then not be
in the mode to "stand tall." The teleconference meeting will enable the city to find out
what their role will be in the matter since the special conditions did not define the
city's role. Ross added, reading the special conditions now, it is a direct role between
NASA and Challenger.
MOTION TO TABLE:
Councilman Measles MOVED to table the ordinance to the next council meeting.
Councilwoman Swarner SECONDED the motion.
Smalley asked for a point of order in that he had requested Popp speak to the
concerns of delay prior to taking action on the ordinance. Wilhams agreed and
allowed Popp to speak and added, council would take immediate action after Popp's
remarks.
Popp stated some pertinent points council may want to consider were that the
ordinance would begin the design process and not the actual construction. The
funding model now developed by the Challenger organization is for three-phased
construction. The first phase ($3 million) builds the core project of 9,000 square feet
($2.5 Million from the NASA grant and $.5 Million from other sources). Those funds
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 10
will be available as they have already received $66,500 in commitments to the project
when ready to break ground in the Spring. Also, there are more grants under
development.
Popp continued, they are looking at a time crunch. A time line has been carefully
mapped out (since the forming of the joint construction committee). The time line
calls for the award of the contract in May. A four-month cushion was included in the
time line so the project could go to bid in late January or early February which is
toward the end of the best bidding season. There are two months of the cushion left.
If there is a delay with the ordinance it will take away another month of the cushion,
leaving only a month to get the project started and not be bidding it in April or May
for the best price. Popp stated they are very concerned about the time line and hope
the council would move forward with the ordinance.
Measles commented, if the city finds out it will be in the position of managing the
design construction of the project, the award would have to come back to council
anyway. If it tums out the city will not be involved in the construction management,
the ordinance will not be needed and the money would flow directly to the Alaska
Challenger from NASA. Inaction on the ordinance during this meeting should not
delay the project. Measles added, the questions stated will have to be answered
before council can move ahead anyway.
Williams reminded council he was using a little leeway in regards to the tabling
motion which is non-debatable. Williams asked to hear from Ross prior to taking
action. Ross stated Popp was indicating the council needed to move on the
ordinance, but that NASA had not yet awarded the money. Ross asked, are they grant
reimbursable or funds they were going to transfer to the city from Challenger to do
this part of the project. Popp answered, it was their intention to raise the funds
themselves for this ordinance. Ross stated, he wanted Popp to review the special
conditions because if council tables action on the ordinance, from what he read, the
Challenger could make this award directly because it precedes the grant and may not
be grant reimbursable. He added, he didn't know what would stop Challenger to
move ahead even if the ordinance was tabled.
Popp agreed to that point, but added, their concern was they are trying to maintain a
relationship with the council as they have been a strong partner with the project from
the beginning. He added, they are still working under the Memorandum of Agreement
which is still operating between them and wanted to adhere to it as much as possible.
Williams asked if there was a date specific for the tabling of the ordinance.
stated, tabled until the next council meeting.
Measles
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 11
VOTE ON MOTION TO TABLE:
Bookey: Yes Swarner: Yes
Moore' Yes Measles' Yes
Smalley: No Williams: No
Measles' Yes
Bannock: No
MOTION PASSED.
Bannock stated he hoped council was not deciding it wants to be the Challenger
Learning Center and that all of what took place during the meeting was just a debate
about the city's relationship with Challenger. He added, he was very angry with some
of the events that took place over the last week and one-half in relationship to the
project. Bannock also stated he was incredibly concerned because he thought the
process was good and Kluge had only slowed the process.
Williams noted, even though he voted no, he strongly believes it was council's
intention to see the establishment of the 501(3)(c) group to oversee the Challenger
Center and do it within their own ranks without having to come to council for
decisions they could make in house. He added, it's been the policy of the city and has
worked this way for many years, i.e. the Visitors Center. This relieves the council
from political positions it could be placed in. Williams added, the indication (to him)
is the Challenger 501(3)(c) group is its total authority and has every fight to do exactly
what they want to do as a board of directors. With that in mind, Williams stated, he
was happy to turn this issue back to the Challenger board and have them act on it.
Williams noted, under the new law, 501(3)(c) groups are exempt from the Open
Meetings Act even if they are partially or totally funded by government entities.
Attorney Graves stated, generally non-profit groups are not covered even if they are
partially funded by government (an amendment to the reforms).
C-3o
Resolution No. 98-39 - Transferring $1,400 in the Streets Department
for Curb Repair.
MOTION:
Councilman Bookey MOVED for approve of Resolution No. 98-39 and Councilwoman
Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 12
C-4.
Resolution No. 98-40 - Granting Authorization to Participate in the
Edward Byrne Memorial State and Local Law Enforcement Assistance
Drug Control and System Improvement Formula Grant (Commonly
Known as the Byrne Grant).
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 98-40 and Councilwoman
Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
Resolution No. 98-41 - Transferring $1,800 in the General Fund for
Microfilm Conversion.
MOTION:
Councilman Smalley MOVED for adoption of Resolution No. 98-41 and Councilman
Bookey SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
Resolution No. 98-42 - Transferring $3,000 in the Buildings
Department for Lighting Replacement in the Fire Department Apparatus
Room.
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 98-42 and requested
IYNANIMOUS CONSENT. Councilman Smalley SECONDED the motion.
There were no public or council comments.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 13
VOTE:
There were no objections. SO ORDERED.
C-7o
Resolution No. 98-43 - Awarding the Bid for KPSB Fire Department
Apparatus Room Lighting Replacement - 1998 to Kachemak Electric, Inc.
for a Total Amount of $17,998.
MOTION:
Councilman Bookey MOVED for adoption of Resolution No. 98-43 and requested
UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
BREAK TAKEN: 7:55 P.M.
BACK TO ORDER: 8:10 P.M.
ITEM D:
COMMISSION!COMMITTEE REPORTS
D-X.
Council on Aging- No report.
D-2o
Airport Commission
Measles reported a meeting was held on June 11 at which time a presentation was
made by Jim Carter regarding airport development. Measles referred to a
memorandum included in the packet from Ross reporting on the meeting.
Ross reported Carter gave the same presentation to the Airport Commission as he did
to council and it was very well received. There was genuine interest expressed. Land
masses and where was also discussed. The consensus was there was no land mass in
Kenai. With comments made in the meeting and talking with City Engineer La Shot,
getting dimensions from Acting Airport Manager Holland, and based on a 10,500 foot
strip with what is needed on both ends for instrument approach, a land mass of three
miles and up to one mile wide will be needed. There is no land mass in Kenai which
would be acceptable for that project due to population, wetlands, or could not be
developed.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 14
Ross continued, Commissioners suggested the city would have to look two to three
miles northwest of the city to fred a land mass available. Ross noted a report was
referred to and he is trying to get a copy of it to see if there are other sites identified in
the past. This would be a hurdle council would have to review. Ross suggested
identifying land mass, ownership, and availability may be the first thing needing to be
investigated.
· Ross added, he had intended to recommend funding from the Airport Fund for a
contract, however it is the opinion of administration those funds, dedicated to the
Kenai Municipal Airport and development of it, could not be used to award a contract
for development of a new airport. He will be discussing this with FAA, however in the
past, uses not involving aviation uses required good justifications or paying lease
rates. Ross continued, administration does not believe FAA will be accepting of using
Airport Funds to develop a new airport which would not be within the .city limits. If
so, general funds would be needed to pay for such a contract. Ross requested council
give thought to the development of an airport outside of the city limits.
Jim Carter- Reported he thought the Airport Commission was very receptive to his
presentation. A comment was made that considering the magnitude of the project,
the cost for initially surveying the industry who would use it was not out of line. He
added, the wetlands concerns, etc. have been dealt with in the past for development of
other airports, etc. However, they are still concerns that will need addressing.
Carter noted, he had a private conversation with Governor Knowles during his visit to
Kenai and discussed the development of an airport. Although there were no
commitments, he was interested and asked Carter to contact the Deputy
Commissioner of the DOT. In speaking with the Commissioner of Commerce,
investigation of more regional airports was discussed in consideration of tourism
throughout the state. Carter stated he believed the project was viable within the five-
to-ten-year time frame.
Williams stated, this would be a major project and if investigation is not made, the
viability will not be known. He noted the city, in the past, spent funds to investigate
the building of a harbor and stabiliz~g the bluff. Neither occurred, but funds were
expended to do the exploration of the possibility. Williams added, other companies
could be used for this investigation which would cost more and the amount of
information would be the same.
Williams continued, the Charter allows council to own and develop properties and
enterprises outside the boundaries of the city. However, he was concerned about the
proximity of the Kenai Wildlife Refuge and the Moose Range to the city, though there
are lands between Wildwood and the Wildlife Refuge that are not wetlands and
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 15
capable of supporting an airport. Air traffic can be allowed over the Wildlife Refuge.
Construction may or may not be a problem. Williams requested council to take a
"leap of faith" to explore this possibility.
Swarner stated she would wait until an answer is received in regard to using airport
funds. She added, if airport funds could not be used, she was not ready to use
General Fund monies. Smalley stated he thought council needs to look to the future
and would like to think there was a possibility of using airport funds to contract with
Carter to investigate carrier interest in the city which could mean modification of the
Kenai Airport or development of an airport outside the city. Smalley asked if would be
possible to use airport funds if the contract spoke to assessment of interest, plans
and support. Williams stated, he thought if had to do with the realm of the airport
and a site not yet established, whether it would be in or out of the city or an extension
of the present facility or development of a new facility, it could be possible FAA would
fund the contract.
Measles stated he thought the intent of the contract was to investigate the feasibility
of the expansion of the Kenai Airport for the purpose of handling cargo or heavy
aircraft. At some point in the study a determination would have to be made of
whether it would be possible to do it. If there was any possible way to put it at this
airport or in proximity of the airport, it would make it easier, i.e. one control tower,
one FAA facility handling both runways.
Bookey stated he would not support the development of an airport outside the city
unless property on which a new airport would be constructed could be annexed for
taxation into the city. Bookey added, he would absolutely not support use of general
funds unless it could be structured like Measles suggested.
Ross stated, the testimony he heard at the Airport Commission and at council was
that the present runway is not structured physically to handle heavy jet traffic or
would it be acceptable to the surrounding community. Williams stated, these are the
items needing to be investigated. He added, if a lateral runway was built (four miles
long) and remain as an integral part of the city and one end would be used for
commuter service and the other for freight, it would still be a part of a single runway.
Williams continued, there is the possibility the present control tower, if raised two or
three stories, could accommodate both runways. Those are needing investigation.
Measles added, to be a part of the Kenai Airport does not necessarily have to have
that runway or extension of that runway. The other runway could be offset by a mile
laterally and still be a part of the Kenai Airport. Ross stated he would correspond
with FAA and ask them if airport funds can be used for a contract to investigate a new
runway system.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 16
Williams restated, the city will contact FAA, look for funding, bring funding back if it
is available, and if not, the matter will be discussed further. Williams added, he
believed the $100,000 for the contract with Carter could come from either airport or
general funds, and would be funds well spent for the future of the Kenai Airport and
the peninsula.
Measles stated he didn't think there would be a problem in spending airport funds to
do the investigation.
Williams noted, the city manager had been authorized to proceed with
correspondence with FAA. Time delays would be in place, but council would expect a
report back at the next council meeting.
D-3.
Harbor Commission
Councilman Bookey reported the meeting was short, however the Commission
discussed the offer made by Alan Norville representing the Kenai River Classic (to be
discussed at Item H-9 in this meeting).
9-4.
Library Commission
Councilman Moore noted the next meeting was scheduled for July 7.
D-5.
Parks lis Recreation Commission
Councilman Bannock reported the minutes of the June 4 meeting were included in
the packet. Parks & Recreation Director Frates reported most of the meeting
discussion was in regard to the presentation of Alan Norville about Cunningham Park
improvements. Frates added, discussion also included transforming Municipal Park
into a viable park through clearing of beetle-killed trees, etc. Frates reported, the
clearing was planned for July 1 in conjunction with the Lions Club project work.
Frates noted, the Third Annual Fun Run was scheduled for June 20 and would begin
at the Art Guild building at 10:00 a.m.
9-6.
Planning ~k Zoning Commission
Councilman Smalley requested an action agenda of meetings be included when
minutes are not available.
Smalley reported the following:
1. The sign variance request, which had been postponed, was approved,
without the requested lighting;
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 17
,
,
o
A variance permit in Inlet View Subdivision passed.
Action on a conditional use permit application for a rock
crushing/asphalt plant was postponed to the next meeting in order to
gather additional information. However, there was a lot of testimony
given most objecting to this development;
The Development Requirements Table was approved, however there were
some objections expressed by members of the public in regard to
triplexes being allowed in an RR-1 zone;
Vacation of right-of-way utility easements for Government Lots 24, 45,
and 44 was approved.
Smalley asked why the minutes of the meeting were not included in the packet.
Freas explained, the contract secretary is given 48 hours in which to submit the
minutes after the meetings. The minutes were not available for packet.
Clerk
9-7.
Miscellaneous Commissions and Committ~s
D-7a.
Beautification Committee
Swarner reported there was no quorum and a work session was held.
noted planting of the flower beds and boxes had been completed, etc.
Swarner also
Historic District Board- No report.
D-7c.
Challenger Board
Bill Popp- Reported council would be receiving a packet in the future describing the
new phased construction/capitalization plan for the Challenger facility. He
continued, the plan for the next six years is to bring the project to a completion, i.e.
$3 million for the first phase; breaking ground for the exploratorium in 2001; distance
learning laboratory, breaking ground in 2003.
Smalley asked if there is a potential cost increase if the Challenger facility if the grant
administration is not done by the city. Popp answered yes, based on the arrangement
made between the Challenger Board and the council, if the city continues to
administer the grant a ten percent grant administration fee will be saved. If not, a
third party grant administrator will be hired and charge $.25 Million as an
administration fee.
Moore questioned the amount of funds raised at this time. Popp explained, $66,500
had been raised in future commitments and approximately $60,000 raised since
March. Also, there are commitments to the national organization to pay for the down
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 18
payment and they are working for the remaining portion to take care of the first
portion of the architectural design process (which was described in the ordinance).
Williams noted he has been involved with some fund-raising presentations to
organizations who are very interested in donating but have some reservations in that
they want to be sure the money is spent for what it is supposed to be spent. Many
organizations are issuing checks for 25% to 30% of their total donation and are to
forward the remainder when ground is broken. Some are pledging amounts, but have
to take the request to their state organization first. There are other fund-raising
activities also taking place.
Popp also noted they have submitted grant applications for approximately $.75 million
to several organizations. Some responses have been received and they are awaiting
others.
D-7d.
Kenai Visitors/h Convention Bureau Board
Bookey reported the next meeting was scheduled for June 30.
D-7e.
Alaska Municipal League Report - No report.
ITEM E: MINUTES
E-1.
Regular Meeting of June 3, 1998.
Approved by consent agenda.
E-2o
Special Meeting of June 10, 1998.
Approved by consent agenda.
ITEM F:
CORRESPONDENCE,,. - None.
ITEM G:
OLD BUSINESS- None.
ITEM H: NEW BUSINESS
, ,
H-lo
Bills to be Paid, Bills to be Ratified
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 19
MOTION:
Councilman Smalley MOVED to pay the bills and Councilman Measles SECONDED
the motion. There were no objections. SO ORDERED.
H-2o
Purchase Orders Exceeding $2,500
MOTION:
Councilman Smalley MOVED for approval of Substitute H-2 as submitted at the
beginning of the meeting. Councilman Measles SECONDED the motion.
Finance Director Semmens addressed the revised costs for the Finance Department
software, stating they had been evaluating special assessment software. An amount
of $4,200 had been budgeted. The BSA software would cost $4,200. However, in
their evaluation they found the BSA software not acceptable and recommended the
purchase of the PDS software. PDS, whose initial cost was much higher, lowered
their price to $4,000.
Public Works Director Komelis explained the additional cost for the work performed
by Zubeck, Inc. as the repair of the service line was more extensive than anticipated
(a separated mare) which took two days to repair.
Komelis also explained the purchase order to GLM Corporation was for
troubleshooting at the Sewer Treatment Plant to find the cause of problems with a
screw pump. He noted, the cost could be as much as $4,000.
VOTE:
There were no objections. SO ORDERED.
H-3o
Ordinance No. 1787-98 - Replacing the Current Kenai Municipal Code
Development Requirements Table, Its Footnotes and Addendum.
Introduced by consent agenda.
H-4o
OrdinanCe No. 1788-98 - Amending Kenai Municipal Code, Chapter
6.05, Entitled Voting Qualifications and Procedures.
Introduced by consent agenda.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 20
Approval- Lease Renewal- Office and Ticket Counter Space #28/29-
SouthCentral Air, Inc.
Ross noted SouthCentral was now current with the city and recommended approval of
the renewal.
MOTION:
Councilman Measles MOVED for approval of the lease renewal of SouthCentral Air,
Inc. and Councilman Bannock SECONDED the motion. There were no objections. SO
ORDERED.
H-6o
Approval - Lease Renewals- Office and Ticket Counter Spaces 32/33
and 34 / 35 -- ERA Aviation, Inc.
Ross recommended renewal of the lease be approved.
MOTION:
Councilman Measles MOVED for approval of the lease renewal to ERA Aviation, Inc.
and Councilman Smalley SECONDED the motion. There were no objections. SO
ORDERED.
H-7o
Approval- Petition to Vacate the 33 Foot Wide Easements for Public
Right-of-Way and Utility Purposes Within the Southerly 33 Feet of
Government Lot 24, and Within the Northerly 33 Feet of Government
Lots 44 and 45; All Within Section 34, T6N, R11W, Seward Meridian,
Alaska; Kenai Recording District and Within the City of Kenai. The
Easements Were Granted by BLM Patents; KPB File -98-090.
MOTION:
Councilman Smalley MOVED for approval of the petition to vacate and Councilman
Bookey SECONDED the motion.
Bannock asked what Lots 44 and 45 were zoned.
they were zoned as Suburban Residential.
City Engineer La Shot answered
VOTE:
There were no objections. SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 21
H-8o
Discussion - Site Consideration/Kenai Public Health Center.
Ross reported a meeting of state, borough and city representatives was scheduled for
June 24 and 25 to view sites and discuss the project. He requested council identify a
site for the project. He noted, Lot 2, Block 1, of Etolin Subdivision was satisfactory
and could handle the footprint of the proposed project. He added, Williams had
suggested consideration could be given to the property just relinquished by
Continuum Corporation close to the Senior Center. Williams stated, some of the~
decision process would have to wait until a determination was made regarding
development of the facility, i.e. one or two phases or a combination. Ross noted, Mr.
Robson (from the Borough) felt the Etolin site would be satisfactory in size even if
there is future phasing out to 15,000 sq. ft. He added, the information was included
in his memorandum included in the packet.
Smalley stated he would support the Lot 2, Block 1 of Etolin Subdivision since it
meets the proposed need, and because the property by the Senior Center could be
used for a larger development in the future. Swarner stated she also supported the
use of Lot 2, Block 1 of Etolin Subdivision for the same reasons as Smalley. Also
because she would like the facility to be butt in more of the center of town. She
noted, the city park close by this property will be advantageous to clients of the
facility. Moore stated he agreed with specifying Lot 2, Block 1 of Etolin Subdivision.
Williams stated he thought the Etolin property was an excellent choice as utilities are
present. He added, from comments of council, administration was directed to offer
the Lot 2, Block 1, Etolin Subdivision parcel as the city's selection. There were no
objections from council.
Discussion - Cunningham Park/Kenai River Classic.
Williams reported the Kenai River Classic has been raising funds to do projects along
the river and now it has come to their attention they have not done any projects
inside the city. They are now wanting to team with the city to enhance Cunningham
Park property probably including boat ramps, etc. Williams added, they would like to
have the city match the development of the park with land purchases to enlarge the
park.
Williams continued, he told the Classic representative the council would consider
when accepting that sort of proposition: 1) the city's decision to do something in the
way of land purchase; and 2) whether the city wants to take on an additional park
facility. Because this would be an economic enhancement to the community and
because in the future he suspects all motors will be banned from the fiver, it may be
good. to consider this situation.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 22
Parks & Recreation Director Frates reported Mr. Norville made a presentation to the
Parks & Recreation Commission. Norville noted his organization would probably have
approximately $1 million to fund some of the projects. The Commission was very
much interested in this project. The Commission didn't discuss the addition of the
two adjacent lots as they feel the enhancement should be within the present park
boundaries.
Bookey stated he would like to explore the offer, but was not sure they should
consider enlarging the park as the present park has some bank stabilization concerns
that should be addressed instead. Smalley stated, the area near Cunningham Park is
a heavily fished area and would support some development there for safety sake.
Moore stated he was all for matching costs to improve city propertT, however there are
problems at the mouth of the river which need to be addressed before putting money
elsewhere. Williams stated he understood the Classic would like to see Cunningham
Park enlarged. Frates stated he asked that question and was told the Classic usually
splits costs at 50/50 or 50/40. The Classic was wanting engineered plans and cost
estimates for their review and from there, they would decide if they wanted to take on
that project.
Williams asked if plans for enhancing Cunningham Park could be done in house. La
Shot answered he believed they could but later in the fall or winter due to the
summer workload. Ross stated he believed they were considering it for a 1999 project
and engineering could be done in the fall or winter.
Williams suggested council direct administration to plan to do the engineering during
the fall after discussions with the Classic representatives know what it is they want to
do. Williams added, he believed council was basically in agreement with the concept,
and when they know how much money is available from the Classic, the engineering
department can then design something based on that amount.
Swarner asked if only Cunningham Park was being considered for a project or other
city parks along the river. Williams answered, the offer was specifically for
Cunningham Park. Moore requested the residents within 300 ft. of Cunningham Park
of what is being considered. Williams suggested incorporating the Harbor
Commission and Parks & Recreation Commission in the discussions as well.
Ross asked if the neighbors should be notified when the engineering is presented to
council. Williams answered yes. Bannock requested the engineering design first go
through Parks & Recreation and Harbor Commissions prior to coming to council.
There were no objections.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 23
H-10.
Discussion - Sale of Dairy Queen
Williams noted there were some problems with the roof and the sewer of the Dairy
Queen building, as well as being economically obsolete due to its construction and
the machinery in the building being worn out. He suggested the building be put up
for bid to have it tom down and then sell the land.
Ross stated the building has been shown several times and there seems to be interest.
Additionally, he has contacted FAA and asked under what conditions could the
numbers be brought down and he was told they would accept anything the appraiser
could reasonably support. The appraisal states it would take six to nine months to
market the building and it has only been c,n the market for five months. Ross
continued, he discussed the matter with a iocal appraiser and he suggested it could
take six to nine months to market the property. Ross added, until the constraints of
the appraisal is followed (six to nine month period), what Williams suggested could
not be done. The city cannot raze the building without FAA's approval. Ross also
noted, the Airport Fund purchased the property and building from the bank some
years ago.
Williams noted, he is aware of one investor who is waiting for the city to determine
what it will do with the property and whether he can negotiate with the city with a
sale in order for him to finalize plans for his development on property adjacent to the
Dairy Queen property. Measles noted, there was nothing preventing this interested
party from negotiating a sale at this time.
Ross noted, he had discussed with this person his bringing an offer to council around
the value of the land without the value of the building computed in, although he was
unaware whether the FAA would accept it. In this case, however, the value offer was
way below just the value of the land and left the city in the position of not being able
to go to the FAA at all.
Ross added, if the city were to sell the property for only the value of the land, he
would question whether it should be offered to the public because they would be
negotiating below what was advertised.
Williams stated he was concerned waiting the 90 days (until the end of the nme-
month period) would circumvent construction this year. Bannock asked if the
building and property was being marketed by a realtor. Ross answered, any realtor
can bring forward an interested party and receive a commission for the sale of the
property. The city cannot give an exclusive, but this property as well as other city
properties are multiple listed.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 24
Bannock asked what the status was of the comer property west of the Dairy Queen
property. Ross answered, it is zoned conservation and has the utility injection plant
on it and drainage ditch through it. Bannock suggested if that piece of property were
included with the Dairy Queen property, it would make it a much more valuable
asset.
Williams stated he would bring the issue back to council in September.
ITEM I:
I-1.
a.
bo
c,
de
ADMINISTRATION REPORTS
Mayor
Birch Island- Williams reported he had a discussion with State Parks
regarding Birch Island and the boardwalk program which began ten
years ago and noted, there is a lot of funding available for roads and
trails, scenic views and walkways, etc. Williams continued, the Borough
Mayor will go with him to visit the director of State Parks in Anchorage
and they will try to convince him to build the boardWalk around Birch
Island, underneath and a platform viewing area. Williams requested
council approval to travel to Anchorage for this discussion. There were
no objections from council.
Borough Planning Commission Appointment- Williams referred to a
letter added to the agenda from the Borough requesting candidates for
placement on the Borough Planning Commission. The letter noted Philip
W. Bryson's term was ending. Williams noted Bryson indicated his
interest in continuing his representation of the city on the Planning
Commission. Williams commended Bryson for his many years of service
on the city Planning & Zoning Commission, as well as the Borough
Planning Commission. There were no objections for the renewal of Philip
W. Bryson to the Borough Planning Commission.
FY 99 State Revenue Sharing Program Notice of Entitlement-
Williams referred to a letter from DCRA distributed at the beginning of
the meeting. The letter noted the city's FY 99 entitlement to be
$175,836.
Kenai Peninsula Tourism Marketing Council- Regional Tourism
Conference - Williams referred to the request for sponsorship of the
Conference which was included in the packet. Council reviewed the
information and requested the matter be brou§ht back to council later in
the year.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 25
I-2. City Manager
I-3.
I-4,
ae
Installation Agreement - Ross reported the city would be entering into
an installation agreement with Clint Hall for Wind Haven Estates
whereto Hall will provide a promissory note/deed of trust on the
unsubdivided portion of the subdivision as a security against finishing
the improvements in the subdivided portion. Ross added, this allows the
final plat to be filed for Phase I so Hall can begin marketing properties
there.
Swarner asked if there is city water and sewer to those lots. Ross
answered, there is city water/sewer to the lots Hall is selling with homes
on them. The security agreement is to ensure the developed lots receive
the water and sewer.
Attorney
Attorney Graves reported he attended a bankruptcy hearing and spoke
with the attorney representing Mark Air. Some progress has been made
in the case and another hearing will be held on August 7 which he plans
to attend.
City Clerk - No report.
I-5.
I-7o
Finance Director- Noted the FY 99 budgets were distributed. He also
noted the revenue sharing amount {noted during Mayor's report) was a
seven percent cut from last year and a five percent cut to the city's
budget.
Public Works Director- No report. Smalley stated he appreciated the
letter from GDM, Inc. regarding the process for choosing an architect for
the Challenger project {which was included in the packet).
Airport Manager
Acting Airport Manager Holland reported the minutes of the June 11
Airport Commission meeting would be included in the next packet. He
also reported an interview for the airport manager position was
scheduled for next week.
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 26
ITEM J'
DISCUSSION
J-lo
Citizens- None.
J-2. Council
Bookey - Stated he felt the city was forced into the removal of the tanks at the
airport. He also noted the sidewalks had not yet been cleaned by the state and
suggested the city clean the sidewalks and send the bill to the state. Komelis
reported he contacted the state superintendent. He was told they have contracted out
the work with a private firm and they are low on funds so the work has not yet been
done. Komelis added, he believed the contractor would start early and bill the state
after July 1.
Bookey stated he was concerned that it was already the middle of June and the main
thoroughfare through Kenai had not been swept. Also, the city goes to great lengths
to have the community look nice and yet the sidewalks are dirty. Swarner suggested
community service people clean the sidewalks. Komelis stated he would write and
call the state, although the contractor has applied for water and he suspects the
cleaning will be done soon.
Swarner- Urged council to attend the retirement potluck for Dave Reetz.
Moore- Requested the multi-purpose facility be included on the Public Works
Progress Report.
Measles- No report.
Bannock- Stated his concern the state would not be able to clean the two new
bike paths to be butt.
Smalley - a.
Bryson Renewal-- Thanked Phil Bryson for his service on
the Kenai Peninsula Borough Planning Commission.
be
City Manager Evaluation -- Requested council to set an
executive session for the evaluation of City Mana§er Ross.
Smalley su§§ested July 1, 1998 for the evaluation. There
were no objections from council.
C,
Airport Expansion -- Smalley requested council to give the
discussion regarding airport expansion a lot of
consideration. He added, he would like to see a
relationship established with Carter to survey the carrier
KENAI CITY COUNCIL MEETING MINUTES
JUNE 17, 1998
PAGE 27
interest. If there is no interest, another direction should
then be investigated. If there is interest, there is a real
potential for development of cursory businesses as well.
Smalley added, he hoped council didn't wait too long.
EXECUTIVE SgSSION- None Scheduled.
ITEM K:
ADJOUR//MENT
The meeting adjourned at approximately 9'37 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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Suggested by: Administr~__
CITY OF KENAI
ORDINANCE NO. 1789~98
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
I<MC 13.05.010 TO AUTHORIZE COLLECTION OF A SURCHARGE FOR VIOLATION OF
A MUNICIPAL ORDINANCE.
WHEREAS, Alaska Statute § 29.25.072 (Michie 1996) requires municipalities to
authorize imposition of a surcharge under Alaska Statute § 12.55.039 (Michie 1996)
upon persons convicted of violating municipal ordinances; and
WHEREAS, the money collected from the surcharge will go to
Training Fund to support state and municipal police training; and
the Alaska Police
WHEREAS, the new surcharges for municipal violations will be $50 to $75 for
violations which are punishable by possible incarceration and $10 for violations not
punishable by incarceration but where the fine is $30 or more; and
'WHEREAS, municipalities not imposing such surcharges by August 27, 1998 may not
enforce municipal ordinances with a possible penalty of either incarceration or a fine of
$30 or greater;
NOW, THEREFORE, 13E IT ORDAINED 13Y THE COUNCIL OF THE CITY OF KENAI,
ALASKA THAT KMC 13.05.010 be amended by adding section (c) as follows:
(c)
In addition to any fine or penalty prescribed by law, a
defendant convicted of violating a municipal ordinance
shall pay the surcharge required under Alaska Statutes
§§ 12.55.039 and 29.25.072 (Michie 1996).
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of
July, 1998.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective'
July 1, 1998
July 15, 1998
August 15, 1998
sp)
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
Memo ranClum
Date:
To:
From:
June 25, 1998
Richard Ross, City Manager ¢¢
Kim Howard, Administrative Assistant
Assignment of Lease -
Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise
Limited Partnership and Dan Roberts
Black Ice, Inc. and Danielle Gabriel have requested approval of the attached
Assignment of Lease for Lot 6A, Block 1, Gusty Subdivision No. 4 to D. Roberts
Enterprise Limited Partnership and Dan Roberts. The property is located on
the Spur Highway and is the location of the former VTV video store and the
Veteran's Center.
The lease between the City and Black Ice, Inc. states the lessee may
assign the lease with the City's written consent, which shall not be
unreasonably denied. The lease also states the assignee shall assume
the duties and obligations of the lessee and will not discharge the lessee
from its duties and obligations.
The lessee is current in lease payments and property taxes on this property.
The City Attorney has reviewed the document and has no objections. If
Council approves the transfer, a Consent to Assignment agreement can be
signed and recorded.
Cc' Danielle Gabriel
Attachments
/kh
A.~rl i O, i998
K i m Howard
Citv oil Kenal
~10 F '.' da 1 go,
,~xenal , Alaska
SUit~ ~'~0
99611
RECJ IVED
CITY OF KENAI
,,, ,, ADMINISTRATION ,,
r=ase Assignment ~or Lot ~A, Block i, Gustv Subdivision No.
accordinc to miat No. 86-76
Dear K i m'
Black r:-= ,-nc ~as Ouit Claimed the Two
Center ) 1 ocated on the above property
=nterprlses Limited Partnership as oI~ ADrll
- _
bu! ldincs
back
~a98
~ VTV & Vet
d. Roberts
We are reques%lng the C!tv's consent o~ the lease assignment ~rom
Black Ice, inc. and Danielle Gabriel to d. Roberts Enterprise
Limited Partnership ant Dan Roberts. The uses o~ the property will
not ~hange other than the ~ ~ '
~ =act =hat he VTV building is vacant at
this time and we are currently seeking another tenant. I have
enclosed proo~ o~ ~nsurance.
!~ you have any questions or concerns, please contact me. Thank
you.
Danle!le Gabriel
Black ice, inc.
P.O. Box 2900
Kenai, Alaska
(907) 262-1052
(907~ 262-2600
(907) 262-1011
99611
...ax
ASSIGNMENT OF LEASE
FOR VALUE RECEIVED, BLACK ICE, INC. and DANIELLE GABRIEL,
individually as Lessee under that certain Lease dated April 4, 1985
and recorded at Book 258, Page 761, by and between the City of
Kenai, whose address is 210 Fldalgo Avenue, Kenai, Alaska 99611 and
SUZANNE ROBERTS and MYRON E. ENGEN and subsequently assigned to
BLACK ICE, INC. and DANIELLE GABRIEL of P.O. Box 2900, Kenai,
Alaska 99611, encompassing %he following property located in the
Kenal Recording District, Third Judicial District, State of Alaska:
Lot 6A, Block 1, Gusty Subdivision No. 4, according to
Plat No. 86-76
do hereby convey, set over and assign to D. ROBERTS ENTERPRISE
LIMITED PARTNERSHIP and DAN ROBERTS whose address P.O. Box 2373,
Kenal, Alaska 99611 all of their right, title and interest in, to
and under the above described lease, together with all right of
actlon accrued to me thereunder or hereafter to accrue and all
other rights thereunder of whatever nature or kind.
IN WITNESS WHEREOF, the said DANIELLE GABRIEL of BLACK ICE~ INC.
has hereunto set her hand and seal this ~ day of ~~;. _ ,
DANIELLE GABRIEL, Assignor
bJ~IELLE GABRIEL,
/ INDIVIDUALLY
~ASSIGNMENT: ~
DAN~OBERTS for DA~ ROBERTS, INDIVIDUALLY
D. ROBERTS ENTERPRISES LIMITED PARTNERSHIP
STATE OF ALASKA )
) SS.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
199___, before me the undersigned Notary Public in an~ for the State
of Alaska, personally appeared DANIELLE GABRIEL, known to me to be
the individual named in the foregoing instrument, and acknowledged
to me that she executed the same freely and voluntarily for the
uses and purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day
and year first herelnabove written. ~
/Notary [ State of ALaska
My Commission ~xpires: 11~/~9
)
) SS.
)-
STATE OF "~~ ~ ~' ._
THIS IS TO CERTIFY that on this ~ day of ~-'~./~'~- , 199_~,
before me the undersigned Notary Public in and for the State of
-/--~~;_~ _, personally appeared DAN ROBERTS, known to me to be
{he'i~dividual named in the ~oregoing instrument, and acknowledged
to me that he executed the same freely and voluntarily for the uses
and purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal on the day wr! tten.
Notary
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
M emoranC um
Date:
To:
Froml
June 26, 1998
Richard Ross, City Manager /(dd~
Kim Howard, Administrative Assistant ~If'
Consent to Security Assignment of Lease-
Jim C./k Erika E. Singree, Lots I and 1-A Aleyeska Sub. Part 3
The Singrees have requested approval of the attached Security Assignment of
Lease for the above-described property to Emergent Business Capital, Inc. The
leased property is the site of the Katmai Motel.
The leases state any assignment requires the written consent of the City. The
security assignment is similar to what Council has approved in the past. The
City Attorney has reviewed the proposed agreement and has no objections to
the document.
The lessee is delinquent in lease payments, water and sewer payments and
sales taxes to the Borough. The lessee expects to bring all accounts current at
the closing. Council normally approves assignments providing the lessee is
current in payments to the City and Borough.
Does the Kenai City Council approve the Consent to Security Assignment
of/~o~e, providing the lessee becomes cum'ent in payments to the City
and Borongh at th~ tim~ of eloping? If so, a consent will be prepared for your
signature and given to the closing agent.
Cc'
Patsy Mizera, TransAlaska Title
Attachment
/kh
SECURITY ASSIGNMENT OF LEASE
KNOW ALL MEN BY THESE PRESENTS that JIM C. SINGREE and ERIKA E. SINGREE, whose
address is 10800 KENAI SPUR HIGHWAY', KENAI, AK 99611, Assignees under those certain
Assignments of Lease recorded JULY 17, 1992, in Book 402, at Page 697, (as to Lot 1) and recorded
JULY 17, 1992, in Book 402, at Page 699, (as to Lot l-A), and hereafter referred to as Assignor,
covering the following described property:
SEE EXHIBIT 'A" ATTACHED HERETO
does hereby assign, for good and valuable consideration, a security interest, in Lease recorded APRIL
29, 1968,.in Book 31, at Page 20, (as to Lot 1), and recorded APRIL 29, 1968, in Book 31,, at Page
27, {as to Lot 1-Al, to EMERGENT BUSINESS CAPITAL, INC., whose address is 6075 South Quebec
Street, Suite 100, Englewood, CO 8011 I, herea~er referred'to as Assignee, and assigns, for.the-term
commencing on the day of ,19 , until Deed of Trust is paid in full. Said
Deed of Trust being recorded , in Book , at Page ~.
The Assignee herein agrees to comply fully with all the terms and provisions of the Lease, and
to hold the Assignor harmless from any liability arising thereunder.
day of
IN WITNESS WHEREOF, the Assignors and assignee has hereunto set their hands this
,1998.
ASSIGNEE'
EMERGENT BUSINESS CAPITAL, INC.
ASSIGNOR:
BY: JIM C. SINGREE
TITLE:
ERIKA E. SINGREE
STATE OF ALASKA
) ss.
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of ,1998, before me
appeared JIM C. SINGREE and ERIKA E. SIMGREE, to me known and known to me to be the person
named in and who executed the above document and acknowledged to me that they did sign the same
voluntarily and of their own free will for the purposes stated herein.
IN WITNESS WHEREOF,'I have hereunto set my hand and affixed my official seal, the date and
year first written above.
Notary Public- State of Alaska
My Commission expires:
Security Assignment
Singree/Emergent Business Capital, Inc.
Page Two
STATE OF COLORADO
) ss.
COUNTY OF )
THIS IS TO CERTIFY that on this day of ,1998, before me
appeared , to me known to be the of
EMERGENT BUSINESS CAPITAL, INC., the Corporation named in the foregoing and acknowledged to
me that is authorized to execute the above document and acknowledged to me that did
sign the same voluntarily and of their own free will on behalf of said Corporation for the purposes
stated herein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date and
year first written above.
Notary Public - State of Colorado
My Commission expires:
06/15.,'98 08:32 FAX 303 220 8014 E'.MERGE~NT BUS. CAPITAL ~]008
PARCEL I':
That certain leasehold estate create~ by a lease execute~ by
an~ between City of Kenai, Lessor, and Del Alsop, Lessee,
recorded on A].)ril 29, 1968, in Book 31 a~ Paqe 20, an~ as
assigned to J~ C. $ingree and Erika E. Singree by instrument
recorded on J~Lly 17, 1992, in Book 402 a= Page 703, a~d by
other assignm.~_nts of record, and covering the following
described property:
Lot One (1), according to the Plat of LOT 1, ALEYESKA
SUBDM SION, P~.%RT 3, file~ under Plat No. K-1531, in tke Kenai
Recording Dist:rict, Third Judicial District, State of Alaska.
PARCEL IT:
That certain leasehold estate create~ by a lease executed by
an~ ~etween City of Kenai, Lessor, and Calvin Martin and
Marion Mart~, Lessee, recorde~ on April 29, 1968, in Book 31
aU Page 27, and as assi~ed to Jim C. Sin~ree an~ Erika E.
Singree by ins.'=rument recorded on July 17, 1992, /~ Book 402
at Pa~e 703, az~ by other assig-~e~ts of record, and covering
the · followin~ .~escri~ed property:
Lot One-A (l-A), accord/rig to the Pl&t of ALEYESKA
SUBDM SION, PltRT 3, LOT l-A, filed under Plat No. K-1561, in
the Kenai Reco:rding Di~trict, Third Judicial District State
of Alaska. '
CITY OF KENA!
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
RANDUM
TO:
Mayor and Council Members
FROM:
DATE:
Carol L. Freas, City Clerk
City of Kenai ~
//
June 26, 1998 ~
RE:
Appeal of Planning & Zoning Commission Approval of Amending
the Conditional Use Permit PZ95-30 to Include a Crushing Plant
and an Asphalt Plant for the Property Described as Tract 6,
Horseshoe End at River Bend Subdivision - Appeals filed by John
Coston, Dee Anna & Nolan T. Compton, C.H. & Donna Tomlinson,
Victor & Joan Herr, Gordon i~ Patsy Gilford, James A. Krein and
Lloyd & Jennifer Richardson.
Letters of Appeal have been received in the above-referenced matter, the majority of
which were received on Thursday, June 25, 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 Monday, July 27, 1998 (actual 30th day is on a Saturday).
The next regular council meeting in July, that falls within the 30-day period, is that of
July 15. Certified notices must go to property owners within 300 feet "at least ten
(10) days prior to the hearing."
**There were comments from council after the last more controversial hearing that
future hearings of more controversial nature should be held separate from council
meeting dates.
) clf
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
M emoranClum
Date:
To:
Froml
June 26, 1998
Mayor & Council
Richard A. Ross, City Manager
Professional Services Contract- James E. Carter
Attached is a draft of the professional services contract proposed by Mr.
Carter. In development of this proposal, Mr. Carter incorporated
suggestions from the Administration. This contract is before you in draft
form for any comments you have.
Also attached is a copy of the June 18, 1998 letter that was sent to the
FAA. As of this date, we do not have their response to our request for
comments. They have been requested to respond prior to the July 15,
1998 Council meeting.
It is our recommendation that the City does not formalize a contract with
Mr. Carter until after we have received the comments and concerns of
FAA. This would give us the option of incorporating their concerns into
the contract language.
Attachments
RAR/kh
PROFESSIONAL SERVICES CONTRACT
The City of Kenai herewith formulates a Contract w~th James E. Carter, Sr.,
Consultant, 'to proVide professional services to gain user interest in the future
expansion and further development of the Kenai Hunicipal Airport.
It is agreed between the parties that this Contract is solely for the purpose of
attracting on a global basis potential cargo and passenger heavy aircraft, air
carrier industry to use the Kenai Municipal Airport if and when the airport can
accommodate that industry.
Part~es agree there are no limits piacect on the consultant as to where he may go
or who he may see to accomplish this objective.
It is understood between the parties that the complexity involved coordinating
with different commercial and governmental entities to bring this Contract to a
fruitful and positive conclusion requires 'an objective timeline for best results.
Therefore, the parties further agree that this Contract shall be effective for
one (1) year from the date of signing. An extension of this contract, for
whatever purpose, will be subject to the approval of the Kenai City Council.
Consistent with the above, the parties agree to the following:
a ) Each monthly billing from the Consultant will be accompanied with an
itemized list of expenditures which will be reviewed by the Kenai City Manager
and Kenai Finance Director and approved by the Kenai City Council.
b ) Every ninety (90) days, the Consultant will provide a project status
report through the Kenai City Manager to the Kenai City Council and Kenai
Municipal Airport Commission. At that time, the Consultant will submit
proposed goals as well as a projected budget for next ninety (90) days to
accomplish those goals.
Services by the Consultant under this contract may be terminated at any time
by either party or for the convenience of the City of Kenai, provided that the
Professional Services Contract
City of Kenai/James E. Carter, Sr.
Page Two
City of Kenai notifies the Consultant in writing of its intent to terminate at
least sixty (60) days prior to the effective date of termination.
If registering with the Alaska Public Offices Commission is required,
Consultant shall register properly and make all necessary reports in a timely
manner to the proper authorities.
This Contract embodies the entire agreement of the Parties. There are no
promises, terms, conditions or obligations other than those contained herein.
This Contract shall only be amended, modified or changed by a formal contract
amendment reviewed by the Kenai City Manager and approved by the Kenai City
Council.
Consultant is performing the services and duties required hereunder as an
independent contractor and not as an employee, agent, partner of, or joint
venture with the City of Kenai.
Attachment 'A' and 'B' are a part of this Contract.
DATED this
of ......... , 1998.
Richard Ross, City Ma
City of Kenai
James E. Carter, Sr.
Consultant
ATTACHMENT ' A'
The Consultant will be responsible for, but not limited to, the following:
1. RenOer advice, representation, and assistance regarding development
opportunities of an expanded Kenai Municipal Airport.
2. Provide consultation and communications with individuals, air carrier
industry, government sources, about the development opportunities at the
Kenai Municipal Airport.
3. Recommend strategies to perform the objectives of the contract.
4. Arrange for meetings as required with the Kenai City Council and the
Kenai Municipal Airport Commission.
5. Provide written reports to the Kenai City Council ane the Kenai Munici
Airport Commission as outlinect in the Contract.
6. Seek Kenai Peninsula Borough-wide support of the Kenai Municipal
Airport project.
7. Provide briefings and seek support for the Kenai Municipal Airport
project from the Kenai area representatives to the Alaska State Legislature.
8. Provide briefings and seek support from the Alaska Delegation to
Congress or their appropriate aide handling airports and transportation
matters.
9. Meet with International Civil Aviation Organization (ICAO)
representatives on their involvement in safety and Alaska operations.
10. ~.~eet with U. S. State Department officials to review Bi-lateral
agreements to determine what restrictions there are on the use of Alaska
airports other than Anchorage and Fairbanks.
1 1. Visit at least twelve (12) air carriers, both domestic and international,
that may have an interest in the expansion of the Kenai Municipal Airport.
1 2. Arrange select meetings of air carrier executives with our Congressional
Delegation to promote the expanded use of the Kenai Municipal Airport.
1 3. Brief the Governor's appropriate staff as to what our objectives are and
seek their assistance with the project.
1 4. Continuous follow-up on all the above tasks plus the addition of other
tasks as appropriate.
ATTACH M ENT ' B'
The City of Kenai shall contract with James E. Carter, Sr., a not-to-exceed sum
of one hundred thousand dollars ($100,000) a year for performance of this
Contract.
All costs for the performance of this Contract is inclusive in the contract
amount (airline travel, car rental, lodging, entertainment, meals, telephone,
copying and delivery), plus consulting fee of eighty dollars ($80.00) an hour
including administrative assistance.
June 18, 1998
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
Department of Transportation
Federal Aviation Administration
Atto: Laurie Suttmeier
222 W. 7th Avenue, Box 14
Anchorage, AK 99513-7587
Re:
Kenai Municipal Airport Development
On June 3rd Mr. James Carter gave the Kenai City Council a presentation
on potential development of airport facilities to support heavy cargo
operations. The City Council referred Mr. Carter to the Kenai Airport
Commission. On dune 11th Mr. Carter gave the presentation to the Kenai
Airport Commission. The Airport Commission recommended that the
City enter into a contract with Mr. Carter for purposes of pursuing this
·
development. At the dune 17th Council meeting the City Council received
the recommendation of the Airport Commission and determined to
pursue the course of action recommended.
Kenai Municipal Airport Master Plan recommendations as they apply to
the current airport facilities and operations will be pursued and will not
be adversely affected by the pursuit of the proposed development. The
proposed development would be for facilities in proximity to the current
airport and operated under the authority of the Kenai Municipal Airport.
The City Administration will be submitting to the City Council a contract
for Mr. Carter to perform consultant services. It is our intent to fund the
contract for these consultant services from the airport fund. The Kenai
City Council believes development of heavy aircraft cargo facilities, if
realized, would be of great value to the municipal airport and the
community.
We anticipate that a formal contract for contractual services will be
before Council for final approval at the July 15, 1998 Council meeting.
Federal Aviation Administration
'June 18, 1998
Page 2 of 2
Any comments or concerns you have need to be received prior to that
date.
Sincerely,
CITY OF KENAI
City Manager
RAR/kh
CC'
Patricia Sullivan
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
M emoranClum
Date:
To;
Froml
June 26, 1998
Mayor and Council
Richard A. Ross, City Manager
Airport Terminal Smoking Policy
Attached are copies of the Airport Commission minutes addressing the
issue of smoking in the terminal.
The Acting Airport Manager's recommendations are also attached. Only
two of the options of the possible alternatives are being recommended:
o
Designate the terminal as smoke flee.
Provide for an enclosed, ventilated smoking area in the area
of the terminal entrance. The estimated cost of this option is
in excess of $6,000.
Attachments
RAR/kh
MEMORANDUM
_
To:
From:
Rick Ross, City Manager
Keith Holland, Acting Airport Manager
Date: June 26, 1998
Re:
Airport Terminal Smoking Policy
At it's May 14, 1998 meeting the Airport Commission discussed the current smoking policy at the
Kenai Municipal Airport Terminal and made recommendations for changes.
All of our airport terminal tenants were polled as to the total number of employees, number of
employees that smoked and comments and suggestions on the smoking issue. The results of the
poll, Alaska's smoking laws, and Airport Commission meeting minutes are attached. Of the thirty
employees in the terminal, nineteen are non-smokers and eleven are smokers. Most agreed the
issue needed attention, however, the smokers wanted to see a designated area within the terminal.
The terminal is considered a regulated area as it is a public and govemment owned facility. As a
result it is either to be smoke-free or contain a designated smoking area. The following options were
considered:
.
.
Smoke Free Terminal: This in itself would have a tendency to push smokers out in front of
the amval and departure doom as it does at the Anchorage Airport.
The existing smoking area in the terminal was considered with improvements made to the
ventilation system. After close review it was determined that any type of ventilation system
installed in that area would interfere with the balance of heat and air flow throughout the
terminal. This area is also earmarked for possible expansion in the future, therefore, would
render it as unacceptable as a designated smoking area. The existing smoking area will
need to be changed. Smoking is also currently allowed in the back baggage holding area for
ramp and airline office personnel. Smoking in this area will be prohibited.
A very well ventilated, glassed-in area at the entrance of the front door and across from the
ticket counters was considered and it was noted the ventilation system in the area would be
somewhat easy to accomplish. This option was considered the least favorable by the Airport
Commission as a glassed-in smoking area at that location could be unattractive and could
restdct the natural daylight from the windows. Cost estimates for this option came in at
$6,126 for the glassed-in area and ventilation.
.
The outside area at the exit on the north end of the terminal was considered but it was
determined the area is least protected from the weather.
.
The lobby next the lounge was considered but it was determined the space between the
lounge and elevator was quite limited and it was unlikely that a bench or chairs could be
placed them. (Please note the lounge smoking policy will continue to be established by the
lessee and current laws and regulations).
o
The display area next to the mechani~i room, restaurant and vending machines was
considered but the return mixing air for the ventilation system is next to the mechanical room
and smoke would be spread throughout the terminal.
.
The front entrance of the terminal was also considered a least favorable area as people
entering the terminal would have to walk through smoke. Another downside of this option
was keeping the entrance free of lifter and debris caused from smoking.
o
The most favorable area for smoking as determined by the Airport Commission, was just
outside the south exit of the terminal next to the restaurant. Them is a porch with a handrail
around it and four steps down to the sidewalk. Modifications to the area could include a roof
overhang to keep snow from the area and provide a wind break. The covenng of this porch
would also eliminate a potential hazard area as the snow blows off the roof and creates
hazardous snow and ice conditions on the steps. This ama is very limited in size and would
provide room for only two or three people without blocking the doorway. Cost estimates for
the construction of a porch roof to match the existing building came back at $7,500 and
$8,670.
Although the Airport Commission recommended that the south end be designated as a smoking
area, It is my opinion that option would be inadequate due to the limited size, cost and under-
utilization. I would recommend options #1 or #3. Option #3 could be done tastefully to
accommodate smokers within the terminal. If this is found to be unsatisfactory I would then
recommend that option #1 be adopted and prohibit smoking within the terminal. Attached is the
memo to the Airport commission, meeting minutes, Alaska smoking regulations, terminal layout
plan, and comments provided by terminal tenants.
DOES THE CITY COUNCIL WISH TO CHANGE THE EXISTING POLICY TO MAKE THE
AIRPORT TERMINAL SMOKE FREE WITH A DESIGNATED SMOKING AREA OUTSIDE THE
SOUTH END OF THE TERMINAL?
Page 2
MEMO ,RANDUM
TO:
Kenai Airport Commission
FROM:
Keith Holland, Acting Airport Commission'-,:~~4k
DATE: May 7, 1998
Airport Terminal Smoking Policy
The Kenai City Council has expressed an interest in reevaluating the current smoking
policy within the airport terminal. Currently smoking is allowed in two areas; the
designated smoking area adjacent to the airport gift shop and the outbound baggage area
behind the airline ticket offices.
The State of Alaska Department of Environmental Conservation (DEC) provided me
with regulations governing smoking related issues. In those regulations the airport
terminal is identified in AS Sec. 18.35.300 (1) to be a "PLACE WHERE SMOKING IS
REGULATED". The regulation requires that the terminal be a no smoking area, or will
allow for a portion (bm not all) to be designated as a smoking area. If a designated area
is identified, AS Sec. 18.35.320 ( C ) states, "A person who designates a smoking section
under this section shall make reasonable accommodations to protect the health of the
nonsmokers who use the place or vehicle by separation, partition, or ventilation that
ensures that nonsmokers in the place or vehicle are not subject to the active by-products
of smoke from smokers in the place or vehicle".
Does the Kenai Airport Commission wish to make recommendation's to the Kenai
City Council in regard to the Airport's Smoking Policy?
KENAI AIRPORT COMMISSION
May 14, 1998- 7:00 p.m.
Kenai City Hall Council Chambers
Chairman Thomas Thibodeau
*** MI~q~TES ***
CALL TO ORDER AND ROLL CALL
Chairman Thibodeau called the meeting to order approximately 7:00 p.m.
Members Present' James Bielefeld, Henry Knackstedt, Bonnie Koerber, Lucy
Lorenzcn, Tom Thibodeau
Members Absent: Ron Holloway, Barbara Edwards
Also Present:
Acting Airport Manager Keith Holland, Contract Secretary
Barb Roper
2. AGENDA APPROVAL
KNACKSTEDT MOVED TO APPROVE THE AGENDA. MOTION SECONDED
BY BIELEFELD. AGENDA APPROVED AS PRESENTED.
®
APPROVAL OF M]~JTES - April 9, 1998
No minutes available - no meeting.
PERSONS SCHEDULED TO BE HEARD - None
®
®
OLD BUSINESS- None
NEW BUSmESS
ae
Approval- Special Use Permit/Alaska Call Connection, Inc.
BIELEFELD MOVED TO RECOMMEND APPROVAL OF THE SPECIAL
USE PERMIT FOR AI~SKA CALL CONNECTION, INC. MOTION
SECO~ED BY KNACKSTEDT.
Holland reported that Alaska Call Connection, Inc. is the phone card
vendor at the airport and their special use permit will expire in June.
Alaska Call Connection would like to renew their permit for one more
year. The City will again receive 15% of the gross revenue.
Airport Commission
May 14, 1998
Page 1
be
Knackstedt asked if the phone card system brought in any riff-raff to the
terminal. Holland answered, there hasn't been any reported nor has
there been any vandalism.
Knackstedt asked if Alaska Call Connection makes any money from the
vending machine. Holland replied, their gross revenues average $600 to
$800 per month, of which the City gets 15%.
Voice Vote taken - all in favor- Motion passed unanimously.
Approval-- Special Use Permit/Dottie Fischer, d/b/a Alaska's Best
Travel
KNACKSTEDT MOVED TO RECOMMEND APPROVAL OF THE
SPECIAL USE PERMIT RENEWAL FOR ALASKA'S BEST TRAVEL.
MOTION SECONDED BY KOERBER.
Holland reported that the special use permit for Alaska Best Travel is
also due to expire in June. Fischer would like to renew for an additional
year and will also like to remain in her current area which is the glassed
in area next to the car rental spaces. The space rental rate is $247.50
per month.
Voice Vote taken - all in favor - Motion passed unanimously.
Discussion --- Gravel Tie-Down Area
Holland indicated the initial project plans did not include tie-downs at
the gravel airstrip but he had asked Phil Bryson if he would come up
with a layout which will provide for approximately 17 tie-downs. The
layout and sketch was included in the packet. Holland pointed out the
design allows for aircraft parking in various directions depending on the
wind. After a lengthy discussion it was the general consensus that
space will be limited for turning an airplane even with the 100 foot set
back. Thibodeau asked that furore consideration be given to expa.n~g
the area and in the meanhme the current situation will be monitored
closely to see what improvements would be necessary. It was also
suggested that the spaces be staggered to allow for easier turning.
de
· Discussion --- Airport Terminal Smoking Policy
Holland reported that Council requested discussion on smoking in the
airport terminal. (Holland provided members with a copy of the State of
Airport Commission
May 14, 1998
Page 2
Alaska Smoldng Policy). Holland pointed out the airport terminal is
considered a regulated area as it is a public and government owned
facility. As a result it is either to be smoke-free or designate a smoking
area. Commissioners agreed that all effort needed to be made to keep
people from smotdng outside both entrances to the terminal. A very
lengthy discussion took place on appropriate smoking areas reside and
outside the teminal and the following suggestions and/or
determinations were made:
le
Holland reported that serious consideration was g/yen to keeping
the existing smoking area with improvements to the ventilation
system. The maintenance crew looked at the area and determined
that it would not be an appropriate area as the ventflat/on system
may interfere with the balance of heat and air flow throughout' the
term/nal.
0
Discussion took place on installing a glassed in area at the
entrance by the front door and across from the ticket counters.
This area will also 'be extremely well ventilated. Holland reported
that ventfla~g that area would be somewhat easy to do because
of the location. It was agreed by all Commissioners that this
option is not favorable as it will not only be unattractive but it will
eliminate the daylight coming through the windows. Holland
thought an est/mate would be available by May 18. It is
anticipated the cost for this project would exceed $5,000.00.
e
The outside area at the exit on the north end of the termin~ was
discussed. It was noted this area gets a lot of wind, therefore, not
very well protected from the elements.
.
The lobby next to the Lounge was also considered but Holland
noted the space between the Lounge and the elevator is quite
limited and it was unlikely that a bench or chairs could be placed
there.
e
The display area by the vending machines, restaurant, and
mechanical room was considered. It was pointed out the return
mixing air for the ventilating system was in that area next to the
mechanical room which would take the smoke and spread it
throughout the term/n/fi.
There is an exit at the south end of the te ~rminal next to the
restaurant that is probably the most suitable area for a smoking
area outside of the terminal. Holland reported there is a porch
with a handrail around it and four steps down to the sidewalk.
Modifications to the area would be economically feasible and
Airport Commission
May 14, 1998
Page 3
would include a roof overhang to keep the snow from blowing off
the roof and some type of a wind break.
Holland pointed out that any building modifications would need ADA
considerations and that smoking in front of the terminal be discouraged.
BIELEFELD MOVED TO RECOMMEND THAT COUNC~ MAKE THE
~ FLOOR OF Tills AIRPORT TERMINAL SMOKE-FREE AND
APPROVE THE OUTSIDE AREA AT THE SOUTH END OF THE
TERMINAL AS A SMOKING AREA. THIS WILL INCLUDE THE
NECF~SARY RENOVATIONS TO PROTECT THE AREA FROM THE
m_t~_W~mNTS. MOTION SF~ONDED BY KOERBER.
Voice Vote - all in favor- Motion passed
,.AIRPORT MANAGER'S REPORT
Taxtway Project Update
Holland reported that paving is just about complete at the Charlie
Taxiway and there will be no more long-term closures. The striping
would be done at a later date to give the pavement time to dry. It is
anticipated the project will reach final completion by June 1. Seeding in
the area won't take place until mid-July or mid-August, during the rainy
season. Holland asked if anyone was interested in a tour to contact him.
COMMISSIONER COMMENTS AND ~,URSTIONS
Commissioner Knackstedt asked about the possibility of getting hangars in
Kenai. He visited Merrill Field and Palmer and they have hangars. A very
lengthy discussion took place on hangars, the cost of erecting and maintaining
them, and rental fees. Bielefeld stated that hangar space outside Alaska is
about $300.00 per month. Holland reported that a very preliminary proposal is
being worked on at tills time for two rows of hangars in the tie-down area.
Thibodeau stated he would find out what Valdez charges for hangar space and
suggested the item be put on the agenda at a later date.
Holland welcomed Lucy Lorenzen to the Airport Commission. Lorenzen works
for FAA as a Flight Service Operator. The Commissioners introduced
themselves individually.
Commissioner Lorenzen asked for clarification on the role of the Airport
Commission. It was confn'med the Commission is an advisory to the City
Council. Holland stated that most issues dealing with the airport would come
Airport Commission
May 14, 1998
Page 4
®
before the Airport Commission before going to Council. Lorenzen also asked
who prepares the agenda. Holland replied, anyone can add things to the
agenda but basically it is done by Administration.
Commissioner Thibodeau asked about the at-large seat soon to be vacated
Barbara Edwards. Holland thought it may be considered at the May 20
Council meeting, however, he did not have any information regarding
applicants, etc.
PERSONS NOT SCHEDULED TO BE ,~ - None
10.
INFO~TION ITEMS
be
Kenai City Council Meeting Action Agenda April 15, and May 6,
1998
Airport Commission List of Members
5/?/98 Letter of Appointment to Lucy Lorenzen
11. ADJOURNMENT
KOERBER MOVED TO ADJOURN. MEETING ADJOURNED AT 8:45 P.M.
Respectflllly Submitted,
Barbara Roper, Contract Secretary
Airport Commission
May 14, 1998
page 5
ilI
, May 1~, 1998.
Total Number of Employees
Total Number of Smokers
Total Number of Employees
Total Number of Smokers
Total Number of Employees
Total Number of Smokers
Commenu:
So uth Central A ir
May 12, 1998
B. Keith Holland
Acting Airport Manager
City of Kenai
Kenai, Alaska 99611
Dear Keith:
The total number of employees at the SouthCentml Air ticket counter is 12 (twelve). This number
does not include the 4 pilots on 2 shifts who pass through daily. The total number of smokers at
this time is 1 (one).
Some of our comments are as follows:
1. Smoking should be allowed and not banned entirely. It probably would be better for all people if
the smokers had a fish bowl to smoke in.
2. I would like to see the airport become a smoke free facility.
3. I feel the Kenai Airport should be a smoke free building. Second hand smoke has been
probably to be a health risk and I'm sure the City of Kenai isn't willing to pay for the treatment of
illness, due to 2"" hand smoke. I have had many, many passengers comment on the smoke
hem and they don't like it and who are amazed it is allowed. I also so don't think employees
should be allowed to smoke in the bag well ama. I've had passengers complain about the
smell of the luggage when it was left over night. The smoke follows the bagwells to the front
counter where customers also complain about it. I, as well as many other people have allergies
to smoke. Some evenings it gets so bad and I have to take medication at bedtime in order to
breath. This offensive habit should be allowed only outside of City Buildings.
4. The airport should be a smoke free facility. How that is accomplished: Either a VERY WELL
ventilated area that is closed in or an ama outside of the terminal. No smoking should be
allowed in the back areas of the offices where baggage is sent through from the ticket counters.
5. It would be nice to have a well ventilated enclosed area for smokers inside of the airport. I do
not think that ama should be directly in front of the ticket counters. I would like to see it at the
south end of the airport or upstairs in the lounge.
We are happy to see you taking the time to get the opinions of the people who are at this facility
the most. Thank you and good luck on your decision making process, as we know only to well, you
can only please some of the people some of the time and not all of the people all of the time.
Best Regards,
SouthCentml Air Airport Staff
135 G~anite Point Court · Kenai, Alaska 99611 · (907) 283-7676 Phone · (907) 283-3678 Fax
CITY OF KENA!
"oa ol
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
M emoranClum
Date:
June 25, 1998
To: Mayor and Council
From: Richard A. Ross, City Manager
Airport Manager Selection
After the most recent recruitment for Airport Manager, Mr. Steve Atha
has been selected to fill the position.
Mr. Atha most recently served as the Airport Director at Augusta,
Georgia (1988-1997). Prior to that he had served as Airport Director at
Pensacola, Florida (1981-1987) and Muskegon, Michigan (1974-1980).
The agreement reached with Mr. Atha involves compensation set at the
range of 20D, $62,798 per annum, with future progression as outlined in
the Kenai Municipal Code.
Mr. Atha will be relocating his family from Augusta to accept this
position. Mr. Atha has requested as part of his compensation package
that the relocation expenses be reimbursed to him. It is my
recommendation that the City reimburse Mr. Atha his actual expenses,
not to exceed $15,000 under the terms set forth in KMC 23.30.120. This
would include Mr. Atha agreeing to sign a Transportation Agreement with
the City as set forth in KMC 23.30.120(a)(4).
RAR/kh
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'
Mayor and Council Members
Carol L. Freas, City Clerk
6, 1998~"
City of Kenai
dune 2
SPECIAL ASSESSMENT PETITION- CROW COURT
City of Kenai
On Monday, June 22, 1998 petitions requesting paving improvements to Crow Court
were filed in my office. The information has been forwarded to the City Manager for
his review and subsequent report to council (within 60 days) pursuant to KMC
Chapter 16.10.
clf
KENAI CITY COUNCIL MEETING
JULY 1, 19~8
INFORMATION ITEMS
o
6 / 17 / 98 Council Meeting "To Do" List.
,
6/22 / 98 RR letter to ADF&G regarding EVOS Fiscal Year 1999 Draft Work
Plan.
,
5/22 / 98 American Russian Center thank you letter to Mayor Williams
regarding last Sakhalin visitors.
,
6 / 8/98 Senator Jim Duncan letter regarding HB 473.
,
5/21/98 Kenai River Special Management Area Advisory Board Minutes.
o
1998 Gaming Permit Applications:
a. Anchorage Restaurant Beverage Association
b. Cabaret Hotel Restaurant Retailers Association
KENAI CITY COUNCIL MEETING
JUNE 17, 19 9 8
"TO DO" LIST
CLF/MK
Admin
Clf
KK/JL
Correspond with FAA regarding use of Airport Funds for
contractor compensation in relation to airport development which
could be off city property. Report back to council at July 1
council meeting.
Provide action agenda for Planning ga Zoning Commission
meetings when minutes are not available.
Develop plans in-house for enhancement of Cunningham Park.
Submit plans to Harbor and Parks ga Recreation Commissions for
input. At time plans are ready to submit to council, notify
residents of the area.
Bring back discussion regarding sale of Dairy Queen at
September 1 meeting (if the property has not been rented or sold).
Notify Borough of council's recommendation to reappoint Phil
Bryson to Borough Planning Commission.
Include on July 1, 1998 agenda and executive session for
evaluation of city manager.
Contact DOT regarding dirt/gravel on sidewalks along Spur
Highway. Express concerns it has not yet been done and desire
to have it done.
Add multi-use facility on Public Works Project Status Report for
tracking.
CITY OF KENA'
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
June 22, 1998
Frank Rue, Commissioner
Alaska Department of Fish & Game
P.O. Box 25526
Juneau, AK 99802
Re:
EVOS Fiscal Year 1999 Draft Work Plan
Project #99387- South Spruce Street Beach Policy
Project #99388 - Kenai River Mouth South Side Access and Policy
Dear Commissioner Rue'
The above projects were submitted for EVOS funding as a direct result of the
establishment of the Dip Net Fishery at the mouth of the Kenai River. This
fishery was established to satisfy personal use and substance fishery needs as
well as relieve pressure on the upper River. The desired effect was to relocate
some of the bank fishery in high value habitat areas to the mouth of the River
where habitat destruction was not an issue.
Project #99387 was an attempt to address the lack of parking available for this
fishery on the north side of the River. At present, wetlands are being intruded
on and damaged. This project, for which permits have been issued, would have
addressed both of those issues.
Project #99388 was an attempt to address problems this fishery has created on
the south side of the River. Trash and litter control as well as sanitation
facilities are not available on this side of the River. The public accessing this
side of the River is also causing damage to the protective dunes because there
is no defined access. This project would resolve those problems by providing a
good access across City lands and protect the dunes.
Alaska Dept. of Fish & Game
June 22, 1998
Page 2 of 2
The Chief Scientist's recommendation to not fund these projects was based on
a perception that the City of Kenai has not done enough with the Department
of Fish and Game to seek curtailment or closure of the Dip Net Fishery. The
City has sought this in the past to no avail. We are now working with Fish and
Game in an attempt to manage and control the fishery. These projects are part
of that effort. Your support in advising the EVOS Trustee Council that
curtailment or closure of this fishery has not been an option available to the
City of Kenai is appreciated.
Sincerely,
CITY 0 F KENAI
City Manager
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~3%StAN
ARC AMERICAN
RUSSIAN CENTER
May 22, 1998
John Williams
Mayor
Municipality of Kenai
210 Fidalgo Avenue, Suite200
Kenai, Alaska 99611-7794
3211 Providence.D. ri_v~, Anchorage, Alaska 99508-8356
(907) 786-4300 · Facsimile (907) 786-4319
BEC "'""
__:__..,,~..
CiTY
Dear Mayor Williams,
Thank you for meeting with the group of public administration officials from Sakhalin
earlier this month. I appreciate you taking the time to show them some of Kcnai's facilities
such as the fire station and firefighting training center. The group really enjoyed their visit
to Kenai and said it was one of the highlights of their trip to Alaska. Thank you for your
hospitality.
The American Russian Center values your participation in our programs and recognizes
that without your help we would not be able to provide thc practical training that is an
integral part of our success. Your cooperation helps strengthen important rclationships
between Alaska and thc Russian Far East. Please contact us if we can ever help you in any
way.
Thank you again.
Sincerely,
Molly Davenport
Technical Assistance Program Manager
State Capitol · Room 119
SENATOR JIM DUNCAN
ALASKA STATE L~a~sz,~vn~
Alaska State Senate
· Juneau, Alaska 99801-1182 ·
(907) 465-4766
465-4748
June 8, 1998
Mr. John J.: Williams, Mayor
City of Kenai
210 Fidalgo Ave., Suite 200
Kenai, AK 99611-7794
Dear Mayor Williams:
Thank you for contacting my office regarding House Bill 473, regarding statewide
standards for firefighters' education.
As you may know, I voted for the bill when it passed the Senate on May 10. It
has been transmitted to Gov. Knowles, who has until June 19 to sign the bill. During the
session, I received several calls and letters in support of the legislation, and realize the
importance for statewide standards for firefighters.
I appreciated hearing from you on this issue. Your comments were taken into
consideration when the bill came to the Senate floor for a vote.
Sincerely,
-~ uncan
I. CALL TO ORDER
KENAI RIVER SPECIAL MANAGEMENT AREA
ADVISORY BOA/~D
Thursday, May 21, 1998
Kenai Peninsula Borough
Assembly Chambers
A. .R. oll Call:
Chairman Ellis called the meeting to order at 7:00 p.m.
Members Present:
Jeff King, Ted Wellman, Jim H. Richardson, Peggy
Mullen, Ben Ellis, Terry. Bendock, Ken Lancaster,
Robin West, Bill Schuster, Lance Trasky, Chris
Degernes, Les Buchholz
Members Absent:
Brannon Ames, Stuart Osgood, Tim Navarre, Joe
Moore
B. ADDroval of Minutes:
Hearing no objections, the minutes were approved as presented.
C. Aqenda Chanqes and Approya]:
Mullen requested to add Item F) Discussion of DOT Salt Pile under New Business.
Item C) Funny River Bridge Committee Report Update was added under Old Business.
II. PUBLIC CO~ENT - None
III. NEW BUSINESS
A. Kenai River Boat Wake Study/Vessel Study- Kevin Delaney, Director
ADF&G Sportfish
Kevin Delaney addressed the Board regarding the Kenai River Boat Wake and
Vessel Capacity Study. The Sportfish Division stepped in to provide funding
from fishing license fees for both studies because they felt the studies
were important to the river. ~
Wellman appreciated the help and wanted to know how the Board could work
with ADF&G. Mr. Delaney believed the Board could be a valuable liaison with
ADF&G and Parks. Chairman Ellis noted that APU could also be brought in to
help with the Vessel Crowding Study portion.
Mr. Delaney commented that Representative Gary Davis was instrumental in
getting the amendment on the floor and passed.
Degernes expressed hope that the Boat Wake study would occur this summer as
long as everyone was comfortable with the draft methodology the Board worked
out earlier in the year. The federal funding Mr. Dorava had obtained ends
Kenai River Special Management Area
Advisory Board
May 21, 1998
Page 1
at the end of the federal fiscal year on Sept. 30.
Degernes further discussed the Vessel Crowding Study. She spoke with Greg
Brown, ~,' who has had experience regarding recreation impact and tolerance
studies. He thought it was a good project for he and his students to work
on. He also may be able to develop an ongoing program using grad students.
He did caution not to rush into the project, to evaluate the needs to be
included, and to make sure the public was involved. Wellman also wants the
Attorney's General office to review it to make sure the study could provide
us with data that allows us to make enforceable decisions.
Chairman Ellis appreciated the efforts of ADF&G and Representative Davis
regarding the amendment. He was pleased to have funding secured which will
help implement recommendations that are in the comprehensive plan.
B. Kenai River Watershed Study - Corps of Engineer Brenda Kerr
Brenda Kerr represented the Alaska District of the U.S. Corps of Engineers,
project formulation section. Her a~ency would like to start a watershed
study for the Kenai River. The Corps of Engineers is new to the watershed
planning process. She explained the Corps operates under two phases. The
first phase is to go to the watersheds to identify partners or sponsors who
want to go forward with further studies. The first phase is 100% federally
funded. If potential sponsors are found to develop a watershed planning
effort, the second phase would have shared 50-50 costs.
She provided brochures to further explain the program. She would like to
meet with interested people and groups who have ideas and would like to go
forward with a watershed plan. She shared information about other programs
under the auspices of the Corps.
Tr~sky inquired if the matching funds were only for projects related to
navigable waters or wetlands. She explained environmental restoration is
the main emphasis but would look at flood control and hydropower. Trasky
inquired if the Boat Wake Study would be a project they could undertake.
Ms. Kerr stated that could possibly fit into the program but they couldn't
use other federal funding as a match with the Corps' money. A detailed plan
of the study and a financial cost sharing agreement would be required. She
was unsure if the funding could be piecemealed and recommended getting the
entire funding at one time.
Chairman Ellis noted t~t the Boat Wake Study, as well as others, were well
documented in the Kenai River Comprehensive Management Plan.
Schuster spoke regarding USFS' s watershed analysis of Cooper C~eek, a
tributary of the Kenai River. He would like to coordinate with her program
if at all possible. Ms. Kerr has spoken with Dave Blancher regarding the
project already.
Richardson wondered if the program could enter into a funding agreement with
a non-profit organization. Ms. Kerr stated non-profit groups are a good
source for matching funds.
Degernes asked if the Kenai River Comprehensive Plan could be adopted as
part of their watershed plan and if the program could work with Parks
regarding the implementation of the plan. She read a list of several
recommended studies in the plan. Ms. Kerr would like to look at the plan
Kenai River Special Management Area
Advisory Board
May 21, 1998
Page 2
with Parks. An updated flood plain study may be a study to focus upon and
Ms. Kerr will attempt to coordinate with FEMA.
Mullen noted that the Kenai River needs help on the prevention end of the
spectrum as the river has not been degraded to the extent of many other
American rivers. Ms. Kerr indicated they did have authorities such as
planning assistance that could be geared towards prevention. Management
plans do provide environmental benefits. Ms. Kerr noted that water quality
studies would come under EPA's jurisdiction.
Chairman Ellis formed a committee to work with the Corps regarding their
program. Those serving on the committee are: Ellis, Trasky, Mullen,
Degernes, and Richardson.
C. Izaak Walton/Moose River Restoration - Ranger Bill Berkhahn
Ranger Berkhahn provided background regarding school groups that are
involved with the Adopt-A-Stream Program. The Sterling Elementary 5th grade
class adopted Moose River about three years ago. The students were involved
with data 'collection last Fall. Last week the class was involved in a
restoration project and helped to rebuild and restore 350 ft. of riverbank
at the confluence of the Moose & Kenai Rivers. By the end of June there
should be a lush riparian zone at that location. Low profile fencing will be
placed to keep people out, however, Ranger Berkhahn pointed out that sport
fishing access is not hindered by the project as walkways will also be
constructed.
Ranger Berkhahn noted money left from the project will be used to develop
interpretive kiosks and landscaping for the small cabin at the entrance to
Izaak Walton.
D~gernes asked Chairman Ellis if he could arrange for Governor Knowles to
dedicate the project when he is here for the Kenai River Classic. Ellis
will try to work out the scheduling. He noted Governor Knowles will also be
in Seward on July 4th to dedicate the new Park project at Lowell Point.
Ellis will also try to get the students to attend the next meeting so the
Board can thank them for their efforts.
D. CIRI Selections - Russian River/Kenai River Area - Refuge Manager Robin West
West distributed a handout illustrating the selections. He stated the sites
at Russian River have been selected for 20 years. The initial selections
were small but they have expanded over time. The area is rich in cultural
resources as well as other public value. BLM is preparing to adjudicate the
selections. There will be no public process in the adjudication. ~hatever
the outcome, he believed there will be appeals and more litigation.
At this time the Refuge is placing all revenue generated from their property
in this area in escrow and any developments or improvements placed on the
property is done only with the consensus of CIRI. He commented that CIRI
has acknowledged the public value of the area and has not made any
statements about closing the fishing in the area.
Kenai River Special Management Area
Advisory Board
May 21, 1998
Page 3
E. Quartz Creek Ca..mpqround Rehabilitation Update - USFS
Schuster passed out a news release explaining the permanent closure of Tern
Lake Campground and the temporary closure for rehabilitation construction of
Quartz Creek Campground. He noted that the new boat ramp will charge a fee
and that may cause problems.
Lancaster was glad to see the park being upgraded.
Degernes stated Parks will try to monitor possible problems that may occur
due to the campground closures this summer as people try to seek out other
spots to camp.
F) DOT Salt Pile:
Mullen passed around photographs depicting an area of dead trees in the
drainage area near the DOT salt pile. She believed the Board needed to
compose a letter to Governor Knowles and DOT requesting that the pile be
removed and that the area be excavated to remove the salty soil.
MOTION: DEGERNES MOVED TO REQUEST COMMISSIONER SHIVELY TO WRITE A LETTER TO
DOT AND THE ~OVERNOR REC4%RDING THE DOT SALT PILE REQUESTING THAT IT BE
REMO~. TRASKY SECONDED.
Trasky recommended that the photographs be included in the letter.
Lancaster noted that many attempts have been made to get DOT to move the
pile. Promises have been made throughout the years but there has been no
action. He has even spoken to the Governor regarding the pile.
Chairman Ellis recommended giving the Governor, DOT, and local legislators a
copy of the letter to Commissioner Shively. He also recommended the Kenai
River Comprehensive Management Plan be referenced in the letter of request.
VOTE ON MOTION TO REQUEST COMMISSIONER SHIVELY TO WRITE LETTER:
MOTION PASSED:
UNANIMOUS WITHOUT OBJECTION
Trasky will draft a letter to the Commissioner.
IV. OLD BUSINESS
A) Update on NWP:
Trasky reported that the letter was written and sent, and that he expected
that nothing else will probably happen until the fall.
B) Status of Requlations adopted by Commissioner Shivel¥ 5/12/98:
Degernes reported that the regulation packet was a laydown item for the
Board. She pointed out the differences between the regulations that the
Board had originally recommended for approval and what was actually adopted
by Commissioner Shively.
Landowners directly adjacent to the Kenai River downstream from river mile
80.7 will be authorized to apply for a non-transferable permit to continue
to use a powerboat from RM 80.7 downstream to Cooper Creek. The section
11 i
Kenai River Special Management Area
Advisory Board
May 21, 1998
Page 4
between RM 80.7 downstream to Skilak Lake will be non-motorized for all
others. The permittees will have a limit of 5 years for this permit.
The provision that addressed the anchoring of boat on Kenai and Skilak Lakes
will be limited to 15 days in a 30-day period as it was felt a 72-hour limit
would preclude hunters from anchoring while hunting, or other legitimate
recreational use on the lake. This will also coincide with the campground
stay limitation.
Degernes reported that the jet ski provision the Board had worked on went
through also. The next step is to have the Department of Law review once
again before it goes to Lt. Governor Ulmer for signature. Once she signs
it, it will become law 30 days afterwards. (Note: ~-t. ~ov. Fran Ulmer
signed the regulations into law on June 1 and following a required 30 day
notice, they will be in effect on June 30)
C) .....Funny River Bridqe Committee:
Dege~--nes reported that a lot has changed since the Board last met. The
Coastal Zone review has been suspended and no permit are being sought now.
DOT has indicated they want to move ahead with finalization of the Final
Environmental Impact Statement so this portion of the process can be
completed. The Committee will continue to monitor and will report back to
the Board. It is expected that some sort of community collaborative process
may be developed to try to resolve some of the potential secondary
development impact issues associated with the bridge.
D) Water Quality Committee Update:
Richardson commented that during Michelle Brown's presentation she had asked
if it would be appropriate for her group to be a standing sub-committee
m~king reports back to the Board.
Chairman Ellis believed the Water Quality Coalition was already an adhoc
committee of the Board.
Buchholz stated the Coalition has finished the initial stages for the water
monitoring plan which should be ready for comment this summer. The
committee wants to interface with the Board and is willing to make a
presentation when the comments are back.
Mullen believed the group was off to a wonderful start. She would like to
clarify the fact that the Coalition is under the umbrella of the Board.
Chairman Ellis stated there was no question that the Board supports the
Coalition. He is glad to see there are groups willing to assist in Carrying
out the plan.
MOTION: RICHARDSON MADE A MOTION TO SEND A LETTER TO MICHELLE BROWN
INFORMINa HER THAT THE BOARD WELCOMES THE COALITION' S PARTICIPATION.
WELLMAN SECOND.
VOTE ON MOTION TO SEND LETTER:
MOTION PASSED:
UNANIMOUS WITHOUT OBJECTION.
V. PUBLIC COMMENT - None
Kenai River Special Management Area
Advisory Board May 21, 1998
Page 5
A) Board Comment:
Richardson will be happy to receive a copy of the final plan. He believes
it will be a guide for years to come. He stated the Board may want to
review the plan on regular basis to see what has been accomplished.
Buchholz stated the coalition will review their work every year and will
make an annual report. He noted that "319 money" has been handed out based
upon the monitoring criteria outlined in the draft plan.
Degernes believes the wait for the more professional mapping in the final
plan will be worth it. The final plan will be available soon.
Mullen announced the Kenai River Festival on June 13 and 14.
Trasky announced a meeting with Chugach Electric regarding the Cooper Lake
Dam on June 4 and they will be discussing litigation for the dam. He
further commented that there have been several easement vacation requests
along the Kenai River and they should be closely watched.
Schuster stated the USFS June 5th meeting regarding Cooper Creek was changed
to June 10.
Wellman had read in the paper that the Funny River Chamber of Commerce was
sponsoring a King Salmon Derby. He was not pleased about the idea and was
wondering what processes were followed.
Wellman asked if the Board could send a letter to Representative Davis
thknking him f.or his help, and the rest of the Board concurred. Degernes
will write the Letter with a copy to Commissioner Shively.
King commented when the guides did their Silver Salmon derby years ago, they
were discouraged from doing a King Salmon derby because of conservation
concerns. Trasky will try to get more information regarding the King Salmon
derby.
King would like to move forward to include tributaries in the habitat
protection zone.
Chairman Ellis stated approximately 70 Boy Scouts assisted in the Kenai
River Cleanup as well as other non-profit organizations. Schuster
recommended writing a thank-you letter to all those involved with the
cleanup.
Mullen commented that summer would be a good time for Board members to
invite decision makers for a ride along on the Kenai. She believed
legislators, assembly members and city council members needed to see the
concerns of the Kenai River first hand.
B) Date/Aqenda of Next Meetinq:
The next meeting will be August 20, 1998. Agenda items will include:
· Presentation on Russian River projects
· Discussion regarding abandoned vehicles and responsibilities
Kenai River Special Management Area
Advisory Board
May 21, 1998
Page 6
Carrying Capacity Study with the vessel tracking component
Chairman Ellis will try to arrange a meeting with the Board and the Governor
during the summer.
Having no further business, Chairman Ellis adjourned the meeting at 9:20 p.m.
Respectfully submitted,
Earlene Reed,
Recording Secretary
Kenai River Special Management Area
Advisory Board
May 21, 1998
Page 7
State of Alas
~~D~nt of Rev~ Gaming Permit
Po~x~~ 1998
T~~ (~D
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TYPE OF ORGANIZA~N (~--~ec~ one boy,. For cle/inition see AS 05.15.b'S0)
C;'vic or Service
Dog I~dsne~s As~cx:~a~on
O,R~r'~- O AS
,,
[~ I='~R~.3 Derl:q Associ~on [~ Non~ofrt Trade Asscca~n [~l Religious
Cl FrazernaJ CI oattxmro lvlozor AssoC. aDon I~ Vemtans
~ Lal:or '~ Police or Fire Deparrn~t ~1 IRA/N~ve V'dlage
TYPE OF GAMES (c.heck aJl games maz you w~ll conouc=. For 0elinitions see AS 05.15.690)
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CI Bi~o ~, Raffles & Lonenes ~ Pu;~T~ i~ Contes[ of SldDs
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·
PERsoNs IN CHARGE OF GAMES. Persons must Oe ac=ye members o! ~e orga.~n, or an em.~oyee o~ me munic:i:~J~, a.~ oes~gr,~ecl Dy =3e
or~a~aon. MemDem may no[ ~e licensed as an oD~. vendor, or emDloyee ota venOor.
,]"
,9~ 7 ,~-7'-/-5'0'4, I
Yes i~ No
THESE QUESTIONS MUST BE ANSWERED. (see instnJczions)
'~ Yes ~"No Has any member of managem~q! c~- any person who is
a viol~/ion o! a law or ordinance o! l~is s"~a3e or anot,he~
gamDiing l~ws?
- ~
i,.} Yes No Does any member ol mar~geme~! or any person who
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SociaJ Seg~nl¥ Num~
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belief, it is ~,,"ue and c~=m~e.ze. We ur~ers'"~n~ ~a~ a~¥ raise Sl~am~t rn~e on ZZ~is a,~=li~.gon or ~~aZ~fe =~' law. ~
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JPresiOem or Vice.,F~=,siO~~a (see ins~s)
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. ~ inmmetions for mand~o~ ~ehmont,.
~~ (re~s~D ~t A copy of this appli~tion must ~ ~e~ to all appli~ble municipaiEi~ and boroughs.
~ I:)e~k~m~nt of R~~ State of Alaska 1R D
Income and Excise Aucfit Division 1998 Amended Gaming Permit Applicati.bn
jI~u~X,.~O4~ 99811-0420 AS 0~.1~.0~70 ! ' ! JUN 22 1998 I
ORq3.4MqlZAT3ON INFORMATION
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HasmepmTarTmembe~taXefl'an~~l~etest? ~ Yes (~l No
Has me a~emaa memba' taXefl ancl passecl l~e test?. [~ Yes [~ No
Permit r~.m'u3er urger wt~ich ~e test
Name o! V~ , - Phys~ Loc~tion
,,,
C~4. _~_N~_-~ OF ~~TOR
[:A~D~ete .... N~e ol O~~,, , P'~~ L~~ ..... G~e T~s)
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~07~j~e~a_~~ A copy of this ~Pi~fi0n mu~ ~ ~em to all appli~ble municipal~i~ an~ boroughs.
I---- J::l 0 ..-,
AJask~ Deparm~nt of Revenue
income and Excise Audit Division
PO Box 110433
Juneau, Alaska 99811-0420
Fed~ EIN
State of Alas
1998 Gaming Permit A
AS 05.15.020
Telephone NumOer
C)rganiza~on Na~ne \
ess
M~itx:J AOOr '
TYPE OF ORGANIZATION (C-~ecX one boz. Fox' clefinition see AS 05.15.690)
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Civic or Secvice I~ Fr-~ema~
Q Dog f,/~jsners Assoma~on J~j LaJ:xar
E0uca~ortaJ
ORGANr71:D AS
A1clress ct Pres.lent resident
I H~s *~e aJtema~e memOer taken ancl passecl me lest?. ~ Yes i~ No
a fac)ny, emortion, or
tn~ Ls a c-~ne a violazion of
~,~_ ~{~ave Drcxhibttecl interest
[ .
AUDIT DIVISION
i~rintecl Name
Date
Daytime Telepr~e
o'75 -
'~"ee~ Fee: Check me ac~-opnate I~x enclose the c=~ec~ atr~unL ~e pe~i[ J~ is ~ on ~ ~7 esa~ gr~s r~ig~. J
Make ~ ~~e to ~e ~ate of ~~ J
~r ~~t U~ O~ _ ~
. ~ in~ctions for ~anda[o~
~8~ {re~s~SS7) ~t A copy of this appli~tion mu~ ~ ;e~ to all appli~ble municipalEiu and boroughs.
wnic;h the test ~ ~l(en.~
THESE QUESTIONS MUST BE ANSVI~RED. (see inslrLxmor~)
'~J Yes '~ No Has any memOer ot management or any person
a violazion o1 a i~w or ordinance ol 1~is st,~te or
gamlaling laws?
C~ Y~ ~ No Does any member o~ management ar &ny person
/
as defined l=v 15 AAC 160.9557
TYPE OF GAMES (c,hecX all games mat you will concll, x~ For OeZinitions see AS 05.15.690)
[~PulI-TaZ~s
JJ~J Dog M~snP. r s C<mles! J~ F~sh Derlaies ~ Saow M~-nine C. Azssic J~j Rain Ctassic '
PERSONS IN CHARGE OF GAMES. Persa~s must De ac=Ye meml:~rs ol l~e org&-',iza~on, or
organiza~n. Memoers may not ~ licensed as an oD~. venOor, or employee o! ~ v~Oor.
IAlle:T'.ale Member Name
Mailing Aaclress
City. Stme ancl Zip Coae jcl, Sta~e ancl Zip Coae .
Alasica Dei~j'tment of Revenue
Income and ExcLse Audit Division
PO Box 110420
Juneau, .Alaska 99811-0420
_ .OR~__a_Nr~_TIO N INFORMATION
FFederdJEIN , -, =..,
.,.~-; ~.-~ ...:. ? ! ~,
L/~;~,: ,....~,.;,. --.~
~pi KTE ONLY IF THERE ~ A C~4. _~_NGE
State of Alaska
1998 Amended Gaming Permit Application
AS 05.15.020 JUN
~_~N.~L_ TYPE OF GAMES(~ only mose games you are acl~. For cie~i::tts see AS 05.15.S90)
Q E~o I~~ & Lo~.,., I~)~T~= L.I ~ o~
N. ~ ~m~ ~~' ~~ ~e" iN--~~ ~ ~e.. I
~~N~ . '~~eN~ /~~N~ m I~e~'~-'N~'m
~, , , ~ ,,
,,, ~ ~
~~ OF ~~R (~T~ ~e ~e ~ ~~ a v~ ~ ~~) V~ R~s~ ~ F~ ~ ~e ~.
, i,
~~ ......
~ D~ete
c~ re,s _e~S~ST) A copy of this application must be sent to ali applicable municipalities and boroughs.
Ct~tNCaE OF OPERATOR
Ic]CIAc~De~e~e Name ot Operator i i ,phil ~~ , Game Type(s) ~)~s U~ Nurn~ 11
CHANG~ TO OR FROM MULTIPLE-BENE]qCULRY PERLE
TI'~SE QUESTIONs MusT BE ~ED. ~ you answer yes to etmer ques~n. ~aa, se sul3mt! ~e pa'sons name ancl posrdc~ of ras~lit7.) ' ·
[~ Yes ~1' No ~ any member' of managm~ c,' a~y pa's~ wt~o is respons~e f~ gaming ac:tivlties eves' ~e~ canvi~ of ~ letony, exto~, or
a vi~ of a ~w or ~ c~ ~s s~e or ~',o~e~ judsc~c~on ~ is a a'~'ne involving ~et~ or crzsm, nes~ or a v~o[a~on ot
garn~ rows?
~ Yes [~/No Does any member o! ~ent ~ any ~ vino is resi:x:x~e lot gamir~ ~e$ ttave a pro~ibitecl ~ inte~es!
..
as defined by 15 AAC 160.954 - 9Sg?.
We de:tare under I;~k~ty of unswom talsirx:a~.', ~ we have e:an~necl ~s app~a~ion, inc~di~j a~y aca~'nenL and tl~at to l~e lest or out knovdeck:je
1'791 * 1~!
CITY OF KENAI.
FAX
210 Fidalgo, Suite 200
I~-'~a!,.3,~asi~a 99611-7794
~ ~ Phone 907-283-7S3S
· '" ' Fax 907-283-3014
TO
FROM
Number of Pages
Be
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
JULY 1 ~ 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: ! ]www. Kenai.net ! city
SCHEDULED PUBLIC COMMENTS (10 Minutes)
Ce
He
PUBLIC HEARINGS
,
Ordinance No. 1786-98 - Appropriating $60,000 for Design Services for
the Challenger Learning Center of Alaska in the Challenger Capital
Project Fund.
Ao
Remove from table.
Consideration of the ordinance.
,
Ordinance No. 1787-98- Replacing the Current Kenai Municipal Code
Development Requirements Table, Its Footnotes and Addendum.
,
Ordinance No. 1788-98 - Amending Kenai Municipal Code, Chapter
6.04, Entitled "Voting Qualifications and Procedures."
,
Resolution No. 98-44- Awarding the Bid to Stephans Tool Rental and
Sales for a Four-Wheel Drive Utility Tractor for the Parks Department for
the Total Amount of $19,995.
,
Resolution No. 98-45 - Supporting Areawide Leasing Cook Inlet.
,
'1998/99 Liquor License Renewal- Kenai Country Liquor.
NEW BUSINESS
o
Bills to be Paid, Bills to be Ratified
.
Purchase Orders Exceeding $2,500
,
*Ordinance No. 1789-98- Amending KMC 13.05.010 to Authorize
Collection of a Surcharge for Violation of a Municipal Ordinance.
,
Approval- Assignment of Lease/Lot 6A, Block 1, Gusty Subdivision No.
4 from Black Ice, Inc. and Danielle Gabriel to D. Roberts Enterprise
Limited Partnership and Dan Roberts.
Approval- Consent to Security Assignment of Lease - Lots i and l-A,
Aleyeska Subdivision Part 3/Jim C. & Erika E. Singree.
,
,
Discussion - Scheduling Board of Adjustment Hearing- Appeal of
Planning & Zoning Commission Approval of Amending the Conditional
Use Permit PZ95-30 to Include a Crushing Plant and an Asphalt Plant
for the Property Described as Tract 6, Horseshoe End at River Bend
Subdivision- Appeals filed by John Coston, Dee Anna & Nolan T.
Compton, C.H. & Donna Tomlinson, Victor & Joan Hett, Gordon & Patsy
Gifford, James A. Krein and Lloyd & Jennifer Richardson.
Discussion- Professional Services Contract- James E. Carter.
Discussion - Kenai Municipal Airport/airport Terminal Smoking Policy.
EXECUTIVE SESSION- Evaluation of City Manager.
Additional information can be found at http'//www. Kenai.net/city. The public is
invited to attend and participate.
Carol L. Freas
City Clerk
MAKE 22 PACKETS
COUNCIL PACKET
COUNCIL MEETING DATE'
Mayor and Council
Fire Department
Police Department
Attorney .~
City Manager
Finance
Senior Center ~ Public Works
Library / Airport
Parks & Rec. ~' Engineer
Clerk
Taylor
Springer
Clarion~
AGENDA DISTRIBUTION
STP
Public Wks. Sec.
Public Wks. Shop.
Bldg. Maintenance
Bldg. Official
Streets
Dock
STP
Official Bulletin Board
.Commissions
P&Z to MK
HDB to MK
Fax by computer to:
Assemblymembers
KSRM (Atto: Dan Meeks)
KBBI (Homer)
Kenai Chamber of Commerce
EDD
Don Hunter, (Daffy News/Anchorage}
Betty Miller, BP
Jon Little (Daily News/Soldoma)
Bill Iles, HEA
KVCC
Joan McCoy, ARCO
Fax b.v 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: