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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 A® , :2. 3. 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. Be Ce , , , , , , 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. -1- De COMMISSION/COMMITTEE REPORTS . 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 o *Regular Meeting of June 17, 1998. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS , o Bills to be Paid, Bills to be Ratified . 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. . , 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. -2- 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 o Discussion - Kenai Municipal Airport/airport Terminal Smoking Policy. I® 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. K® ADJOURNMENT -3- I-I 0 0 ~ ~ 0 0 ~ ~ 0 0 M ~ 0 0 ~ ~ 0 0 ~ ~ 0 ~ ~ 0 rd M r..,l M 0 M I-I 0 Suggested by: Administration -/ 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. . 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. , 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 ~. Z z Z 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 · sss SSSSsssss / tss s . ~ · ssss ss s s s ss - / '' ~ SSsss s ~- .~ ~ S~sssss s i ,.. ..:i"/;,%.,. ' "'" ./ 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? ! MatltngAddress~ ~l~Do~'~tl~,~l/ ~'/~TelephoneNo~,,,~,2-/~c'~ ' - / i ' .,. Home Fax No. _ Business Address~~ ~ Ilr2._~~~ a~lz, ~'/~~ Telephone ' - I ' Business Fax-N~. Current membership in organizations: I Past organizational memberships: COMMITTEF~ OR COMMISSIONS IN WHICH YOU ARE INTERESTED: ~ DO YOU W~T TO BE ~OL~D ~TH T~S COMMISSION OR ~ature 0 210 Fidalgo St, Suite 200 Kenai, AK 99611 USA 20 Mayor John Williams & Members of the City Council 210 Fidalgo St, Suite 200 Kor~t, AK 99611 ' ".- 20 I~a~r ,John ~±lliams & Members of the City Council ~ 210 Fidalgo St, Suite 200~~ Kenai, AK 99611 . C~-'' CLE -- { 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 ° ~i [~ z o uJ LU ILl 0 I'-- Z z z o o IL! 0 z m 0 ~ 0 0 m < z 0 W ~ Z 0 0 ~ o ~ 0 o. uJ Z Z w mm o 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 Attachment RAR/kh c',,I c:::) oE o c~E o o C:: 0 '-- ;> 0-=' '''' '-- ....., El,,,., .c,,_ ,-, > m ,,,~ c5 EIZ~ c~ o'~ ,-~ ~-9_ 0 C:: (J) .1::: ~ '-- J::: C.) ,u 0 _~ o > .--.'~ ~! ~ ~ (.; o ~ ~ '~-~ '.5 81~ ~ ~'- c~ (u o- U]lC~ c-- ~' ~ 0.__,~...., 0 ~1::3 o ~,., ~ o o (ua] c:5 '--'[ ' t~ ,v ,_ '-,,t~ ~ ... 4-, · ~ . c~ 0'o ~.~ ~i~. -o c0 0 0 ~) ~ u) ~'~- ~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 "I~~~ .~~ - ,~~P~~T. R ~~I / ~3 ~.~~ ~T/~ J ,~'c~)._5~,~ ,%~ ~ ~ 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) , , , CI Bi~o ~, Raffles & Lonenes ~ Pu;~T~ i~ Contes[ of SldDs [~ Dog Ma~$necs Contes[ i~1 F'~h Demies '~ Snow tv'~--~ine Ctzssc ~ P,e. in C~s=c ,, · 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 ,,, Alte,'r'~.te Member Name SociaJ Seg~nl¥ Num~ M~I~ A~r~s ~/ ~'~ ~'~ C~, ~e ~a ~ C~e . 1 i'~s~'time Telephone Number " We Oe~..a/'e unger penalzt/ =f unsworn falsif'~zk3n, ~ we/lave ezamined l~is a~, ilica='~,'1, ~ ~~ =es~ of ~. czr kjlowfeOge an'"J 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. ~ J~rnlry. M .em .~,,' ~g~ture , ..~ ' JPresiOem or Vice.,F~=,siO~~a (see ins~s) ' I ,vii · i/i.i lr i~ll~lllll/i ! ~'~m ~e ANCHOR~G~ F:.Ox Pdnt~ "~ame ' I';:~e j '~1e i Day',Jme Tele~ne , · ' t  Pe~ F~: Ch~ me ~o~n~e.~z ~O e~ose'the ~~ ~nL ~e pe~it ~ is ~ on ~7 esDm~ gr~s r~ipm. M~e ~s ~ble to the ~ate of ~~ ~ $0 - $~,000 or n~ ~ .............. ~0 ~ ~,001 - $~00,000 .................. $~ ~ $100,00~ ~ ~e ............... $100 . ~ 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 ~~,. .... -- i~.~"" .~=~-_: ~ ' ........... I ! ._, ,~ - , . ,. C. '"; ---.. .~ .... · '. .'-"/ .~-_i '-~-? /!'"-' '-" :/ ~ t ~"/ ': ""J-' / / ' ~""--' ;'; ' / ' ~'~' / '";" ( ' i ~".,.~.~:.~,~, ,--"~'".',~-.- ;--'--7__ /~:!--T.--~, .:-H.; ~.;",-,~, T-/--:"~'.'¥? ./t ,'-~-':-' ;-~.'"" ;"',":'/'"';'"'( '~'~ ..... .' --: ..... ~PLETE ONLY IF TI"iEP, E I:S'A CI'LANGE IN ADDRESS · · '3 ~'~ :': / './~,"--~ .' r I Soc~ ~ Numba' I~e Pl3one Numt)er ! · I 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) ~_N~ TO OR ~OM M~PI ~EN~~Y ~R~E ,, D~me , ~SE Q~O~ M~T BE ~~. ~ ~ ~~ yes to ~ ~~. ~~ su~; ~e ~~ ~e ~ ~ ~ r~~a~.) ' · g~~ ~?  ~ ~..g~e . i~t"~e .:. ID~e ~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)  J~ Fishing Demy Asscx:ia~on 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: