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HomeMy WebLinkAbout1998-10-07 Council PacketKenai City Council Meeting Packet October 7, 1998 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 7, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBE~ http: / / www.ci.kenai.ak.us / ITEM A: o 2. 3. 4. ITEM B: , ITEM C: o . . . . , 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. SCHEDULED PUBLIC COMMENTS ( 10 minutes) Jan Stiers -- Home Occupation Permit/Woodland Subdivision PUBLIC HEARINGS Ordinance No. 1796-98 -- Finding That Certain City-Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kens_i, Is Required for a Public Purpose. Resolution No. 98-67 -- Awarding the Bid to Seekins Ford Peninsula For a 3/4 Ton Pick-Up for the STP For the Total Amount of $25,028. Resolution No. 98-68-- Declaring Additional Equipment, Supplies, and Materials Surplus or Obsolete. Resolution No. 98-69 -- Awarding a Five-Year Contract for the Alaska Regional Aircraft Firefighting Training Facility Vending Machine Concession to Tyler Distributing Company, Inc. Resolution No. 98-70 -- Transfemng $16,618 in the Airport Land System Special Revenue Fund for a Full-Time Department Assistant II Position. Resolution No. 98-71 -- Accepting the Preservation Plan for the City of Kenai. -1- . o . 10. 11. ITEM D: o 2. 3. 4. 5. 6. 7. ITEM E: o ITEM F: ITEM G: . . . ITEM H: o Resolution No. 98-72 -- Transferring $6,980 in the Animal Shelter Capital Project Fund. Resolution No. 98-73 -- Supporting Two Capital Improvement Project Lists For 2000-2002 STIP Funding. 1998/99 Liquor License Renewal-- WITHDRAWAL OF PROTEST Alaskalanes, Inc. *Transfer of Liquor License -- Little Ski-Mo Drive Inn, Ronald S. Yamamoto to Little Ski-Moes Burger & Brew, L&M Ventures, Inc./Beverage Dispensary. *Restaurant Designation Application -- Little Ski-Mo Drive Inn -- Restaurant/ Eating Place. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report MI~T~ *Regular Meeting of September 16, 1998. CORRF~PONDENCE OLD BUSINESS Residence Requirement -- Vintage Pointe Manor Professional Services Contract -- James Carter Operations Agreement -- ARFF Management NEW BUSINESS Bills to be Paid, Bills to be Ratified -2- , o o , o , o , ITEM I: Purchase Orders Exceeding $2,500 *Ordinance No. 1797-98 -- Removing the Current KMC 14.20.150 and Replacing It With a New KMC 14.20.150 That Is Compatible With Recent Changes in the Land Use Table and Which Provides for Closer Scrutiny of the Effects of Each Conditional Use Permit. *Ordinance No. 1798-98 -- Appropriating $45,000 in the Senior Citizen - Borough Grant Fund for the Purchase of a Handicap- Accessible Vehicle. *Ordinance No. 1799-98 -- Amending the Kenai Mumcipal Code, Chapter 6.05 by Adding Section 6.04.145 Entitled, "Absentee Voting in Person." *Ordinance No. 1800-98 -- Amending KMC 6.04 to Allow and Set Procedures for Special Elections By Mail By Adding Subsections 6.04.300 Through 6.04.340. *Ordinance No. 1801-98 -- Appropriating $113,000 for Improvements at Cunningham Park. *Ordinance No. 1802-98 -- Removing "Advisory" in the Kenai Municipal Code From the Names of Harbor Commission and Library Commission and Deleting the Name "Advisory" From Certain References to the Planning & Zoning Commission. Approval -- Assignment of Lease/Lot 3, Block 4, General Aviation Apron - James F. Adolf to Bob's Pawn, Inc. and W.W. Wilson, III. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -3- MAYOR'S REPORT OCTOBER 7, 1998 REGULAR COUNCIL MEETING ADD TO: ADD TO: ADD AS: ADD AS: CHANGES TO THE AGENDA C-3, Resolution No. 98-68 -- Additional items to be added to the list. Item G-2, Professional Services Contract -- James Carter-- Additional comments from: a. Joyce Ross b. Karl Mohn c. F.C. Rogers H-10, Discussion -- Wayside Park at Birch Island Information Item No. 5, 9 / 29 / 98 Kenai River Center letter re§ardin§ reconvenin§ meetin§ of Kenai River Watershed Intera§ency Coordination Group on October 15, 1998. REOUESTED BY: ADMINISTRATION CLERK MAYOR CLERK CONSENT AGENDA No changes. MAYOR'S REPORT ~ 0 ~ H 0 0 I~ ~ 0 0 ~ H 0 ~x 0 ~ ~ o ~ ~ 0 0 ffi Ol I-i ~ o o ,~ 0 0 IX1 ~: m ,~. ~ I%1 ~ September 29, 1998 Jan Stiers 518 Pine- KENAI~SKA 99611 - USA. Phone 907-283-2695 ~ Fax 907-28: .-7_~_~ 199:3 City of Kenai K E '~' CITY CL"":-"' I am asking to be put on the agenda. My neighbor Joe Harris at 520 Pine Ave. has made and issue of my sign. I seem to be the only one that the city is concerned about and also the only day care they are asking for a Home Occupation License for. Either all of the home businesses in the city need to abide by this or I need to be lett in peace as I have let~ everyone else for_the past 30 years. Driving thru Woodland I find over 30 signs in violation. Have they been sighted. NO! Sincerely, JAN STIF_J~ ~goes here DATE: HOME OCCUPATION APPLICATION MAILING ADDRESS: PHYSICAL ADDRESS' LEGAL DESCRIPTION: PHONE: PARCEL NUMBER: DESCRIPTION OF OCCUPATION: ZONING: Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions- Not more than one person outside the family shall be employed in the home occupation. · No more than 30 % of the gross floor area of all buildings on the lot shall be used for the home occupation. Submit a site plan showing square footage of all structures on the lot~ including the residence and any aeeesso~ structures. In addition~ show parkin~ areas and traffic patterns. Clearly mark the area to be used for the home occupation. · Thc home occupation shall be carried on wholly within the principal building, or thc building which arc accessory thereto. Any building used for a home occupation shall b~ wholly enclosed. Applicant's Signature Date: Application reviewed and approved by: Approved by the Planning & Zoning Commission: Planning & Zoning Official Date: Date: . CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-~85-7535 FAX 907-283-3014 ~..m~ MEMO: TO' Richard A. Ross, City Manager FROM' Marilyn Kebschuli, Planning & Zoning Administration DATE' September 30, 1998 SUBJECT: DAYCARE- 518 PINE The following information is provided as background to Ms. Stiers' letter of September 29, 1998' A citizen contacted the city on September 4th to ask if a daycare could operate in Woodland. I explained the Home Occupation section of the KMC. Further discussion revealed that a new daycare had opened at 518 Pine and was displaying a banner advertising Wee Folks Daycare. Phone number for daycare was shown on the banner as 283-2695. I called the number provided and explained that a Home Occupation Permit was required to operate a daycare in a residential area. In addition, the sign code was explained and it was noted that the banner was oversized and would not be an allowed sign for a home occupation. The individual I spoke with, Jan Stiers, was upset that we had received a complaint and that it appeared we were selective in contacting her. Ms. Stiers advised she believed there were at least 40 daycare's operating in the city and questioned if they had permits. I advised Ms. Stiers that code enforcement was complaint driven. I offered to follow-up on her complaint; however, noted I would need specific information to verify if a daycare had a permit. She declined to provide information. A copy of the code was sent to Ms. Stiers so that she could see if she qualified for a Home Occupation Permit. In addition, an application for a Home Occupation was sent. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ September 23, 1998 Jan S tiers Wee Folks HC01, Box 38 Kenai, AK 99611 KMC 14.20.230- HOME OCCUPATIONS 518 Pine Avenue - Lot 3, Block E, Woodland Subdivision Dear Ms. Stiers' You were notified that occupying a daycare at the above-noted location requires a Home Occupation Permit or a Conditional Use Permit if over eight children are included in the daycare. To date, you have not filed for a permit. You must file for the required permit within seven (7) days of receipt of this letter. If you fail to file for the necessary, permit, an action in court will be filed to require you to cease operation. In addition, the court may impose civil penalties of up to $1000 per day. Sincerely, -Ca~ R. Graves City Attorney CRG/mk Sent by: Certified Mail No. Z 101 763 754 Regular Mail CITY OF KENAI Suggested by: Administrati ORDINANCE NO. 1796-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED AIRPORT LAND, IDENTIFED AS LOT 2, BLOCK 1, ETOLIN SUBDIVISION, FIRST ADDITION, LOCATED AT 630 BARNACLE WAY IN KENAI, IS REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, Kenai Municipal Code 22.05.050 provides for the dedication of lands for a public purpose if so determined by the City Council; and WHEREAS, there is a need for a new location for the Kenai Public Health Center; and WHEREAS, the City of Kenai owns certain airport land identified as Lot 2, Block 1, Etolin Subdivision, First Addition that would be suitable for a Kenai Public Health Center; and WHEREAS, Ordinance No. 894-83 found the property was not required for a public purpose and could be leased or sold to the public; and WHEREAS, the property is now needed for a public purpose; and WHEREAS, the Kenai Advisory Planning and Zoning Commission recommended the dedication of this property for a public purpose for the Kenai Public Health Center at their meeting on September 9, 1998. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned airport land, identified as Lot 2, Block 1, Etolin Subdivision, First Addition, located at 630 Barnacle Way in Kenai, is required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7~ day of October, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (9 / 10 / 98)kh Introduced' September 16, 1998 Adopted' October 7, 1998 Effective' November 7, 1998 CITY OF KENAI RESOLUTION NO. 98-67 Suggested by: Administra .... A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO SEEKINS FORD PENINSULA FOR A 3/4 -TON PICKUP FOR THE STP FOR THE TOTAL AMOUNT OF $25,028. WHEREAS, the following bid was received on September 29, 1998' BIDDER Seekins Ford Peninsula TOTAL WHEREAS, Seekins Ford Peninsula's bid meets the bid specifications; and WHEREAS, the recommendation from the Administration is to award the bid to Seekins Ford Peninsula; and WHEREAS, the Council of the City of Kenai has determined that Seekins Ford Peninsula's 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 a 3/4 -ton pickup for the STP be awarded to Seekins Ford Peninsula for the total amount of $25,028. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk,~/~ Approved by Finance: Suggested by: Administra CITY OF KENAI RESOLUTION NO. 98-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING ADDITIONAL EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment B are no longer needed by the City of Kenai and should be added to Attachment A which was approved by Resolution 98-66; and WHEREAS, the following items from Attachment A are to be given to the Women's Resource and Crisis Center: 2 vacuum cleaners, 3 flip charts, 1/2 case computer paper, 1 night stand lamp, and 3 bicycles; and WHEREAS, the remainder of the items are to be sold at a public outcry auction; and WHEREAS, Blakeley's Auction Company will handle the outcry auction; and WHEREAS, the terms of the purchase through this auction are: o 2. 3. 4. Bidder must pay 100% immediately for anything under $100. A minimum of 10% deposit must be paid immediately on items over $100. Before Title transfer or removal, the item must be 10~)% paid for. Items must be removed, at purchaser's expense, from the City yard by 4'30 p.m. on the Friday following the auction. The deposit will be forfeited and the item's ownership will remain with the City if it is not removed by this time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment B be declared surplus or obsolete and available to sell at an outcry public auction. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of October 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk.~.# Approved by Finance: AUCTION ITEMS- 1998 ATTACHMENT B Resolution No. 98-68 Non-Departmental Several Misc, computer equipment ( Keyboards, Monitors, CPU's) Airport 1 1985 Ford LTD Crown Victoria, 4-door sedan Buildings 1 metal drafting table 1 garage, door opener motor Dairy Queen 1 small refrigerator 4 Soft serve machines ' 1 deep fryer 2 small freezers (open top) , 1 large freezer (enclosed) , 1 small stainless steel sink 4 cash registers 1 wood cabinet 1 file cabinet (metal) 1 office chair , 2 soda machine dispensers , 2 cone dispensers 1 slicer 1 double hot plate 1 cooling table for salad bars , 1 fry table 3 TV monitors 1 eight-tracktape player 1 washing machine 1 dryer 1 bun warmer 1 hamburger broiler 2 warming traytables 1 desk Parks and Rec 1 Kubota tractor snowblower attachment 4 pool tables Shop 7 alternators 1 starter motor- 12G 2 fire hose reel motors 1 box misc. lighting parts 1 monitor 2000 Several hydraulic pumps, valves, & hoses 1 box misc. V-belts Several misc. heavy equipment parts, air intake pipe, Attachment B Page 1 of 2 Several Several Several 1 1 2 2 50-65 10 8 chain, gaskets, seals, bearings beacons (5-light bar), color iens~ parts for light-duty vehicles .small engines, wheels, cutting blade-~--~ rebuilt 350 engine ~------'--- 700 transmission 1980 Chevy sedan police car partitions cabinet bases car and truck tires dump truck tires grader tires Attachment B Page 2 of 2 Sere Place to~~°~ i-Soldotna Women's Resource & Crisis Center September 23, 1998 Rick Ross City of Kcnai 210 Fidalgo, Suite 200 Kcnai, AK 99611-7794 Dear Rick: I understand the City of Kenai has declared certain properties surplus and they are to be auctioned in the near future. · , The Women's Resource and Crisis Center requests the following items: 2 vacuum cleaners 3 flip charts ½ case computer paper night stand lamp 3 bicycles. These items would be used in the business of our agency as we provide services to community residents. The Women's Resource and Crisis Center provides services to victims of domestic violence and sexual assault. Our EIN number is 92-0069306. Sincerely, Brenda Wieffering Executive Director 325 South Spruce Street Kenai, Alaska 99611 Business Line... 283-9479 Crisis Line... 283-7257 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 98-66 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING CERTAIN EQUIPMENT, SUPPLIES, AND MATERIALS SURPLUS OR OBSOLETE. WHEREAS, the pieces of equipment, supplies, and materials listed on Attachment A are no longer needed by the City of Kenai; and WHEREAS, a public outcry, auction is a reasonable and acceptable means of disposal; and WHEREAS, Blakeley's Auction Company will handle the outcry auction; and WHEREAS, the terms of the purchase through this auction are: 1. Bidder must pay 100% immediately for anything under $100. 2. A minimum of 10% deposit must be paid immediately on items over $100. 3. Before Title transfer or removal, the item must be 10~% paid for. 4. Items must be removed, at purchaser's expense, from the City yard by 4:30 p.m. on the Friday following the auction. The deposit will be forfeited and the item's ownership will remain with the City if it is not removed by this t/me. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the items listed on Attachment A be declared surplus or obsolete and available to sell at an outcry public auction. PASSED BY THE September 1998. ATTEST' Carol L. Freas, City Clerk. Approved by Finance' COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of , MAYOR AUCTION ITEMS- 1998 ATTACHMENT A Resolution No. 98-66 Administration ,, Airport Building Maintenance Senior center Library 1 IBM Wheelwriter 5 electronic typewriter ~~1 Pitney Bowes U.S. Postage scale 1 IBM Computer 286 w/monitor and keyboard 1 ---'T- ~~eous telephones 1 Lennox,Air Conditioner 208 three-phase roof unit 1 12 1 4 200 50 1 1 Hobart dishwasher 115 volt Wolf Kitchen Range, grill, 6-burner 16x16 overhead door with track 5-foot x 30-inch windows Exhaust fan with duct 3-phase motor 7-foot x 30-inch glass doors 4-foOt fluorescent fixtures 8-foot fluorescent fixtures, hi output Samsung Computer with Monitor, Keyboard IBM PS2 with monitor Several ! Broken rollinq chairs 1 Computer w/CD Rom & 5.25 floppy w/monitor 1 Hitachi CD Rom X4 with cables 2 Fluorescent desk lamp 1 ]-ypewriter materials Finance ! 1 Calculator 1 Phone , 1 Keyboard PW Admin 1 Desk with return 1 HP Scanjet plus 1 Lanier Transcription machine (~ity Clerk 1 Chairon rollers 1 Pioneer CT-W504R Stereo Double Cassette Deck ,, 1 Pioneer Stereo Headphones SE-650 1 HP Laser Jet liP Plus Printer w/manual Parks and Rec 4 Two-gallon plastic fuel can 6 Five-gallon plastic fuel can 1 Two-and-a-half plastic fuel can . , 1 I Kubota L 245 utility tractor Page 1 of 4 t - ar and truck rims 10 Dump truck tires 4 Grader tires 2 !ruck bumpers · 4 Police htbars Streets Police D'ept. 11 18 2 1 Police car partition 1 Unimog ~ractor w/blower & broom Minimum bid $10,000 1 Computer screen w/keyboard 3 Chairs 2 55-gallon drums of old tire chain 1 Air Mate super fan (Lo, Med, Hi) 1 Panasonic electdc typewriter Model No. KX-E700M 1 Panasonic tape recorder (standard) 1 Micro cassette transcriber Model No. 1200 1 Compaq computer_286 1 Amdex AM - 732 computer monitor 1 Applied digital data systems keyboard & computer monitor 1 BiC computer keyboard 1 Compaq desk pm computer with Screen and keyboard 1 Panasonic KX-P1124 24 pin multi-mode printer 1 ~ellex 076 controller 1 Colorado 250 MB hard drive 1 Panasonic video camera, cassette recorder, programmable timer Model No. PK-M057 1 Cardboard bankers box 1 NCR power conditioner 1 ADDS tape back up drive/cabinet 1 ~-elex 16 mm movie projector Movies (16 mm) misc. crime prevention tapes Bicycles 1988 Chevrolet Caprice Sedans Page 2 of 4 I t I. Adj. Secretary. swivel chair- cloth V I Radio room 4 i Scott t Plastic carry, case,,,s , , N' Radio room I 1' Craftsman t Shop vac ' N Radio room 2 i Kd-Lite I Flashligh~s W/chargers ' Y " Radio 'room I ] General Electric ] Mobile phone system ' N Radio room 2' i Clark i Aircraft headsets Y Radio room :3' . I "Mot. orola] 2-way radio systems (vehicle) , N Radio room I ] I M~netic roof mount radio ,antennae N Radio room I1 .Stream(ire [ SI-20 rechar~eable flashlight w/char~er, Y , Radio room 6 Elkhart , , t Adj. Fo~ nozzles (1.5 inch) , Y , Radio room I Balpeen/rubber ,,mallet Y Radio room I Nightstand lamp si Radio room I ' Elkhart ' Adj. Fo~ nozzle/,2.5 inch) Y Radi° room I ] Elkhart [ 2.5 inch x 1.5 inch ,fluted wve Y Radio room I !t swinff arm lamp. ' , ',, N R~io room 1, I Elkhart ! Crate Valve , Y Radio room I ,[ ,[ , In-line foam eductor .... N Radio room Misc. !, Equipment mounting brackets N Radio room I t Whelen UPS-52 switchin~ unit N Radio room 30 1 Scott Bottle gauges w/knobs" N ~o room 1/2 cs t Office Place Pififed computer paper (9.5' x 11'") , N Radio room 2 t ' -Spring style sp ,anner wrench brackets N Radio room 3j ' j Flip c.h.art$,. , 'Y Radio room I t Compaq !. Monoe~ome computer monitor N Radio room I t Stokes ! $1t plastic rescue stretcher N Mezzanine I ! Portable projector screen ,, N , ,Mezzanine I box Misc. Christmas limb, ts , Y Mezzanine 1 I G~ldStar M°aocl~me computer monitor N Mezzamne I I Wet suit in ba~ N Mezzanine 2 sets I I Dive fins N Mezzamne I [ i Dive bottle back pack ' ' ' N 'Mezzanine ~ i , , ID(ye mask ' " iN Mezzamne 2 I I 4 ft. waitin.~ r,oom tables , I N Mezzanine I { { 3 fi x 10 fi roll wire mesh- galy, anized [ N Mezzanine I Stanton ! Hard carry case for oxygen bottle (,suitcase s~yle,) N Mezzanine I ) Inland t Computer base , N Mezzamne II Micro i PC computer keyboard wt built-in mouse N 'Mezzanine Misc. ! ! Bag of computer boards (chips)and wires N Mezzanine I I ! 36" door sweep ..... N Mezzanine 2 [ ! PC keyboards N Mezzanine 'i ' i ' } 7 fix 12 ft folding wood partition w/frame N 'Mezzanine 2 ' t ' { Stacking chairs ' N Mezzanine I I ....... i 8 fi folding conference table N ' Mezzanine I i , I Dive .b0ttie N Mezzanine 4 , ' I Scott t 2.5 compressed air c.v,!inders '" . N Mezzanine I I i Humidifier N Mezzamne 2 t i 10 ff sections o~'cable chase molding I N Mezzanine 2 i i Hand pump fire extinguishers (215 gallon)I N Mezzamne I , Minolta i SRT-200 35mm camera body " ~ Storage closet Motorola Oversized radio cases w/straos (Leather) Storaee closet 1 1 Misc. 1 1 Motorola Minolta Motorola )wick Clean Windsor Bell & Howell CTX Magnavox Nuform Panasonic Converter=Corn svstem 3 fi cable sna~e w/ attachment Shelf brackets Wire antennae for radio (vehicle) SRT- 101 3 5 mm camera w/lens in leather case Hand-Set w/co-ax Dive bottles Dive ht vacuum cleaner cleaner Cube tray slide 'ector hard drives w/CD PC mouse PC color monitor PC color monitor PC kevboard · KX-P4420 laser ' closet closet closet closet closet closet Bunker room Bunker room room Day room room Admin. Closet Admin. Closet Admin. Closet Admin. Closet Admin. Closet Admin. Closet Admin. Closet Suggested by: City Administration City of Kenai RESOLUTION NO. 98-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAStC~ AWARDING A FIVE-YEAR CONTRACT FOR THE ALASIC~ REGIONAL AIRCRAFT FIREFIGHTING TRAINING FACILITY VENDING MACHINE CONCESSION TO TYLER DISTRIBUTING COMPANY, INC. WHEREAS, Invitation to Bids were solicited for a vending machine concession for a period of five years at the Alaska Regional Aircraft Firefighting Training Facility; and WHEREAS, Tyler Distributing Company, Inc. submitted the only bid; and WHEREAS, the bid amount submitted was $42.00 per month. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a five-year contract for the Alaska Regional Aircraft Firefighting Training Facility Vending Machine Concession be awarded to Tyler Distributing Company, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October, 1998. JO HN J. WILLIAM S, MAYO R ATTEST: Carol L. Freas, City Clerk (9/30/98) kh Suggested by: Administra~,~,, City of Kenai RESOLUTION NO. 98-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ TRANSFERRING $16,618 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND FOR A FULL-TIME DEPARTMENT ASSISTANT II POSITION. WHEREAS, it is in the best interest of the City to increase the administrative assistant position at the Airport from part-time to full-time; and WHEREAS, a full-time Department Assistant II, range 7, position would allow increased office hours, consolidation of clerical duties related to the Airport and better service to the Airport business community; and WHEREAS, the additional $16,618 to fund the position is available in the contingency account of the Airport Administration Division. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1- the position of Department Assistant II, range 7, is authorized to be created in the Airport Land System Special Revenue Fund Administration Division. Section 2' the following budget transfers be made: Airport Land System- Administration From: Contingency $16,618 To' Salary Leave Medicare PERS Unemployment Insurance Workers Comp Health & Life Insurance Supplemental Retirement 11,776 257 174 518 60 36 3,325 472 $16,618 Resolution No. 98~70 Page Two PASSED 13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7t~ day of October, 1998. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' ~~ (9/30/98) kl CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranclum 1~92 Date: To' Froml September 30, 1998 Mayor Williams and City Council Richard A. Ross, City Manager ~ Department Assistant II In the FY99 budget the Airport was authorized a part-time clerical position. During the budget work sessions, it was discussed that with the reorganization of the Airport's management, and the opening of a publicly accessible office, the need may arise to make this a full-time position. Attached is a memorandum from the Airport Manager in support of an upgrade in this position to full-time. It details the administrative and clerical functions that the Airport Manager would be relieved of. This time could be redirected into business development and marketing activities. Another benefit would be an increase in hours the office was open to the public, enhancing the business appearance of the Airport. A full-time position would result in better service to the Airport business community as several functions that are presently spread between the Airport and City Hall could be consolidated at the Airport. Specifically, terminal leases, aircraft parking permitting, and DBE issues would be handled at one location. The part-time administrative position is presently, vacant because of resignation. Before advertising the position, the Administration is requesting authorization to upgrade the position to full-time as a Department Assistant II. Attachment RAR/kh MEMORANDUM iii i TO' Richard Ross DATE: September 18., 1998 RE- Airport Administrative Assistant Position A pan-time Administrative Assistant position is currently authorized for the Airport. The Airport Manager position has recently been redefined to include more business development. Recent experience has shown that the administrative load on the existing office does not allow the Assistant Manager to address safety and maintenance-related areas efficiently nor does it let the airport manager be involved in other needed areas of responsibility. Areas of administrative demand are as follows: Cash from the parking lots must be collected, counted and deposited. This du~, while not difficult, takes an inordinate amount of time. Performing employee and public parking license tag checks to properly account for space use and public funds. Organizing the airport contract files. Tracking contract and insurance compliance Aircraft parking permitting and tracking Airport statistics compilation, reporting and tracking to include F.A.A tower figures, enplanements, and float plane basin fee and use tracking. MEMORANDUM Transferring DBE and other administrative programs from City Hall to the Airport will make daily airport operations more efficient and reduce or eliminate administrative load on existing City Hall clerical staff. Due to safety, and operational demands, the Manager and Assistant Manager often will be out of the office, thereby leaving the telephone protocol to an answering machine and leaving no attendant in the office tbr public response. This situation does not give a very professional image and is less responsive to public needs. An attendant generally available during working hours also will allow improved communications between airport management and Citv Hall, external federal offices such as the Federal Aviation Administration A~chorage Security Office, Inspection and Safety Regulation offices as well as generating yet another back- up element of communication for news media information flow and in the unlikely event of accidents, weather or airline operational problems. The existence of a full-time Administrative Assistant will support the increased public relations and business development effort contemplated in the coming months. This will include attracting new air carrier service, developing commercial sites and business applications for existing airport property., integrating business development concepts with area business, Chamber of Commerce, investment groups and governmental development organizations. This request is for authorization to establish a permanent, full-time position in accordance with current City personnel policy and pay scale effective immediately. Funding source exists in concept in the reduction of high salary employee costs by using lower salary skills appropriate to the position. In addition business development at the airport will represent additional revenues to be developed by more appropriate use of executive skills. Efficient, timely and regular parking revenue control will result in more efficient principal and interest use by the City. Public relations, while not quantifiable, can result in less time wasted in dealing with "bad" public relations, and the resultant public support which can benefit the entire City. CITY OF KENAI JOB DESCRIPTION Position' Pay Range: Hour~ of Wor~' Re~orts To: Department Assistant II 7 8'00 a.m. to 5'00 p.m. Monday through Friday Airport Manager GENERAL DESCRIPTION This job requires working in an office environment providing general receptionist and clerical duties. Must be able to interact with the public, be self-motivated and perform all essential duties. May be required to perform occasional overtime. ESSENTIAL JOB FUNCTIONS Recemionist duties · Answer telephones · Schedule appointments Greet the public and answer general questions · Communicate effectively and coherently via telephone and in personal contact situations. Clerical Duties Organize and maintain file system Type purchase orders · Type correspondence on a computer using IBM compatible PCs and printer, using correct English spelling, punctuation and grammar Issue and process daily parking permits and receipt airport parking monies, computer data entry of information and information research · Compile basic statistical data · Maintain Airport's Disadvantaged Business Program (D.B.E.) · Track and maintain terminal and aviation related ~leases and contracts Make trips to City Hall for permit and correspondence distribution. Sort and prioritize mail Copy and fax correspondence and documents Miscellaneous Duties · Order supplies Maintain general office equipment; i.e., replace toner cartridges, etc. · Use basic radio transmission Other related duties as assigned Revised' October 1, 1998 QUALIFICATIONS · Knowledge of office procedures and equipment, including multiple line telephones, copiers, and filing systems Ability to accurately type 45 w.p.m. Ability to accurately assemble and file documents Ability to perform simple mathematical functions and operate a 1 O-key adding machine · Ability to deal with the general public in a pleasant and cooperative manner · Physical ability to perform essential job functions WORKING ENVIRONMENT Duties are performed primarily in an office environment. EDUCATION AND EXPERIENCE High school diploma or equivalent and minimum one year experience, or any combination of experience and training which provides the applicant with the knowledge, skills and qualifications required to perform the essential job functions. LICENSES AND SPECIAL REQUIREMENTS Operate a motor vehicle and possess a valid Alaska Driver's License or have the ability to obtain one within 30 days. Provide a current DMV record upon request. MISCELLANEOUS INFORMATION Applications are available at Kenai Job Service. All applications will be submitted to Kenai Job Service for screening. Applications will not be accepted by the City. Employment is based on qualifications free of personal and political considerations, with equal opportunity for all with no restrictions as to race, color, creed, religious affiliations, age or sex. The City does not discriminate against the qualified disabled in employment. Revised: October 1, 1998 Suggested by: Planning & Zoning Commission CITY OF KENAI RESOLUTION NO. 98-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ACCEPTING THE PRESERVATION PLAN FOR THE CITY OF KENAI. ALASKA WHEREAS, KMC 14.20.105(c)(9) requires that the Historic District Board develop a local historical preservation plan that is compatible with the Alaska State Historic Preservation Plan; and, WHEREAS, the Historic District Board held work sessions and used meeting time during the past three years drafting a preservation plan; and, WHEREAS, the Planning & Zoning Commission held a public hearing on June 24, 1998; and, WHEREAS, the Planning & Zoning Commission recommend that the Historical Preservation Plan be accepted. THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that the City of Kenai's Historical Preservation Plan is accepted. PASSED by the Council of the City of Kenai, Alaska, the 7th day of October 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk City of, Kenai PRESERVATION PLAN Prepared by: The Historic District Board- 1998 FOREWORD The City of Kenai's Preservation Plan has been an ongoing project of the Historic District Board since its inception. Throughout the process, the Board realized that the Preservation Plan would be a continuously changing document that may require addendums or updates. It should be noted that a large section of the Preservation Plan refers to the "Kenai Townsite Historic District Survey Report" that was published in July of 1996 by Preservation North. This document contains a wealth of information about the Townsite Historic District and its history. Copies of this document are available for review at the City of Kenai Public Library, the Kenai Visitors and Convention Bureau, and City of Kenai administrative offices. An appendix to the Preservation Plan is planned which will include items such as local resources, books, educational resources, etc. The Historic District Board hopes this document will provide valuable information on the City of Kenai's preservation efforts, both past, present, and future. CITY OF KENAI PRESERVATION PLAN TABLE OF CONTENTS 1. Mission Statement. 2. Description of the historic character of Kenai from prehistory to the present. 3. Summ~ of past preservation efforts. 4. Survey of historic resources in Kenai. 5. Archaeological and historic context of Kenai. 6. Historic buildings and sites already identified. 7. Procedure for nomination for future historic sites. 8. Legal Ordinance with map and zoning and design guidelines. 9. Historic preservation education for the community. 10. Development recommendations. 11. Historic Board Membership. 12. Statement of public sector's responsibilities toward city-owned historic resources (such as parks, streets, public buildings, etc.). 13. Procedure for annual review and future planning. City of Kenai Historic District Board Preservation Plan Page 1 of 9 1. MISSION STATEMENT: The purpose of the Kenai Historic District Board is to bring attention to the cultural and historical features unique to the City of Kenai. In keeping with the purpose the Board shall' Make specific recommendations to the Planning & Zoning Commission relating matters of historical and cultural concern, nominations of historic places for the National Register, and protection of archeological resources. Enhance public knowledge about the City of Kenai's history. This will include knowledge of its indigenous people, environmental setting, architecture, resources, and also its place in national and world affairs. These elements are not exhaustive of the Board's potential. Disseminate knowledge through signage, brochures, maps, or whatever mediums necessary and approved by the City of Kenai and the State Historic Preservation Office. Review community improvements and make suggestions where historical and cultural impact can be expressed. Present a balanced interpretation of places and events. Stay within policy regarding Boards, Commissions, and Committees as dictated by Ordinance KMC 14.20.105, Townsite Historic (TSH) Zoning District. 2. DESCRIPTION OF THE HISTORIC CHARACTER OF KENAI FROM PREHISTORY TO PRESENT: The prehistory and recorded history of Kenai dates some 10,000 years beginning with the Riverine Kachemak people about 8,000 B.C. An Athabaskan culture, the Dena'ina displaced the Riverine Kachemak people about 1,000 A.D. The first white contact came when Captain James Cook mapped the body of water named after him: Cook Inlet in 1791. During the same decade, the Russian fur trade expanded its operation to the Kenai Peninsula and the Russian Orthodox Church began to baptize the native people into Christianity. City of Kenai Historic District Board Preservation Plan Page 2 of 9 The purchase of Alaska by the United States in 1867 marked another milestone for Kenai, followed by its Early Community Building Era from 1898-1925. The Kenaitze subsistence lifeway overlapped several of those same years running from the turn of the century through World War II. Postwar community growth naturally followed, including the discovery of oil in 1957. Alaska became the 49~ state in 1959, and one year later, the City of Kenai became officially incorporated. (For complete details see pages 11-50 of the "Kenai Townsite Historic District Survey Report. '9 3. SUMMARY OF PAST PRESERVATION EFFORTS: The City of Kenai and the Kenai Historical Society are largely responsible for past preservation efforts beginning with the memorial to Fort Kenai constructed in 1967. The members of the historical society managed the operation of the museum at Fort Kenay for the following ten years, and through their dedicated efforts, successfully restored St. Nicholas Chapel and four cabins in the Old Town area. The City of Kenai established the Kenai Townsite Historic District by adopting an ordinance in 1993. In 1995, the City of Kenai appointed a Townsite Historic District Board as a step toward a formal preservation program and was granted Certified Local Government (CLG) status by the Alaska State Office of History and Archaeology. (For complete details see pages 47-49 of the "Kenai Townsite Historic District Survey Report. '9 4. SURVEY OF HISTORIC RESOURCES IN KENAI: As the recipient of a 1995 Certified Local Government Grant, the City of Kenai's Historic District Board contracted with a historian and an architect (Preservation North) to survey the buildings, structures, objects, and sites within the boundaries of the Townsite Historic District. Published in 1996, this report documents in detail the thirty-four properties along with information on ten properties adjacent to the district boundaries. Using the criteria of the National Register of Historic Places, the survey report has provided both the City of Kenai and the State Office of History and Archaeology with the baseline information necessary for historic preservation planning. City of Kenai Historic District Board Preservation Plan Page 3 of 9 (Refer to the "Kenai Townsite Historic District Survey Report" for complete details.) 5. ARCHAEOLOGICAL AND HISTORIC CONTEXT OF KENAI: Although several archaeological studies have been conducted at Dena'ina village sites, few artifacts have been uncovered due to the Dena'ina belief that all natural resources be returned to the earth or sea from which they originated. Nineteenth century journals and letters of European and Russian explorers have provided primary sources of information describing the lifestyle of the inhabitants. (See pages 11-49 of the "Kenai Townsite Historic District Survey Report"for complete details.) 6. HISTORIC BUILDINGS AND SITES ALREADY IDENTIFIED' The thirty-four buildings and ten adjacem sites in the Townsite Historic District have been documented with a short history, a basic description with tables, maps, historic photographs and current photographs. Arranged by the historic themes and general non-historic categories, the survey evaluates each property according to the National Historic Register guidelines. These properties are now on file with the Alaska Heritage Resources Survey (AHRS). See pages 56-154 of the "Kenai Townsite Historic District Survey Report." 7. PROCEDURE FOR NOMINATION FOR FUTURE HISTORIC SITES' Individual property owners may choose to nominate their property and/or buildings to the National Register of Historic Places. The Historic District Board is willing to assist property owners in preparing for the required local review. After the local review, the nomination is forwarded to the State Office of History & Archaeology. Attachment A, "The National Register of Historic Places Nomination Process" and Attachmem B, "National Register of Historic Places Rights of Owners to Comment and/or To Object to Listing" provides detailed information on the nomination process. In addition, see pages 183 through 185 of the "KENAI TO WNSITE HISTORIC DISTRICT SURVEY REPORT." The following materials are available for review at the City of Kenai Planning and Zoning Department to assist in the nomination process' "Kenai Townsite Historic District Survey Report", Preservation North, July 1996 City of Kenai Historic District Board Preservation Plan Page 4 of 9 "! 6.4 - National Register Bulletin; How to Complete the National Register Registration Form" The following nomination forms may be obtained from the City of Kenai, Planning & Zoning Department or at the World Wide Web at http://www, cr.nps.gov/nr/nrhome.html: · NPS Form 10-900: National Register of Historic Places Registration Form · NPS Form 10-900a: National Register of Historic Places Continuation Form 8. LEGAL ORDINANCE WITH MAPS, ZONING, AND DESIGN GUIDELINES: Title 14.20.105 of the Kenai Municipal Code, which is the legal ordinance outlining the Historic District Board's duties and responsibilities, is attached as Attachment C. In addition, Attachment D (Land Use Table) and E (Development Requirements Table) are provided which specify allowed uses in the TSH zone and development requirements. See Attachment F for the Townsite Historic District map. 9. HISTORIC PRESERVATION EDUCATION FOR THE COMMUNITY: The Historic District Board is charged with educating the community about its cultural resources. The following historic themes represent current and future education projects. Dena'ina Building Tradition: A.D. 1000-1890 Russian Exploration and Fur Trade' 1741-1866- The Russian Orthodox Church: 1841-1906 (Extant properties, 1881-1906) United States Purchase of Alaska, 1867: Fort Kenay, 1869-1870 Early Community Building Era: 1889-1925 Kenaitze Subsistence' 1900 - 1941 Federal Programs for Agriculture and Sustainable Resource Management: 1898-1958 (Extant properties, 1935-1958) Post War Community Growth: 1948-1958 Post Statehood Development: 1959 - 1996 The appendix of this document will contain educational materials as they are developed. 10. DEVELOPMENT RECOMMENDATIONS: The historic district must be an alive, inviting, and active place to assure historic preservation. Development of the Townsite Historic District (TSH) should be promoted to assist in this historic preservation. Well-planned development can spur the economics and interest that City of Kenai Historic District Board Preservation Plan Page 5 of 9 promote action. The City and its citizens are in the best position to kindle that development by encouraging and supporting the following concepts: Implementing a master plan for TSH that has among its goals and objectives historic exhibits. This may require land swaps of City property to obtain parcels of land to accommodate the master plan. Providing more greenbelt common areas with developed connecting pathways, preferably along view areas. Consider providing tax incentives to develop economic enterprises in TSH. Continuing the upgrade of streets with street signs and lighting of uniform design to provide more visual unity in the district. Continuing participation with the Visitor's Center in developing and publicizing the walking tour and specific exhibits in the Center. Enforcing the Townsite Historic District Zoning ordinance to assure buildings, signage and other improvements are in keeping with a historic setting. Continuing to landscape the City properties by keeping the area litter free and well groomed. 11. HISTORIC BOARD MEMBERSHIP: Membership guidelines are specified in KMC 14.20.105 that is contained in Section 8. Specifically refer to KMC 14.20.105(b)(1)(2). See Attachment G, Historic District Board Membership roster. 12. STATEMENT OF PUBLIC SECTOR'S RESPONSIBILITIES TOWARD CITY- OWNED HISTORIC RESOURCES (SUCH AS PARKS, STREETS, PUBLIC BUILDINGS, ETC.) In order to foster strong community relationships and strengthen historic preservation, the Historic District Board adopts Goals 2 and 4 of the Alaska State Preservation Plan which specifies the following: Support and strengthen local historic preservation efforts. City of Kenai Historic District Board Preservation Plan Page 6 of 9 Encourage Alaska Natives to identify concerns and develop strategies to protect their cultural resources. Encourage nonprofit statewide organizations, including the Alaska Anthropological Association, Alaska Association of Historic Preservation, Alaska Historical Society, Keepers of the Treasures ~ Alaska, and Museums Alaska to promote historic preservation. Foster stewardship of cultural resources by public agencies and private individuals and groups. Use emerging technologies to improve communication among organizations and individuals interested in historic preservation. Review development projects to protect cultural resources. Review emergency response laws and plans so that cultural resources receive maximum protection in the event of a disaster. Promote the role of local preservation programs in efforts to maimain and enhance a community' s character. Promote incorporation of preservation issues in plans. 13. PROCEDURE FOR ANNUAL REVIEW AND FUTURE PLANNING: It is the duty of the Townsite Historic Board to annually review the survey of historic properties in order to include any new information that may have arisen in regard to the accuracy of each historical site. Therefore, at the end of each calendar year, the Townsite Historic Board shall schedule a review of the Townsite Historic Survey and submit corrected information to the State Office of History and Archaeology. Additionally, the Townsite Historic Board will conduct an annual review of its goals and objectives. The Board will evaluate the goals and objectives of the current calendar year as required documentation for the Certified Local Government Annual Report to the State Office of History and Archaeology. This report shall also serve as an annual report to the Kenai City Council. After having reviewed the past year's goals and objectives, the Board shall formulate a new list of goals and objectives for the coming calendar year. This will fulfill its duty to "enhance and City of Kenai Historic District Board Preservation Plan Page 7 of 9 identify the City of Kenai's heritage in a manner that promotes civic pride and to foster an awareness of where we as people have evolved." City of Kenai Historic District Board Preservation Plan Page 8 of 9 ATTACHMENTS A. The National Register of Historic Places Nomination Process B. National Register of Historic Places - Rights of Owners to Comment and/or to Object to Listing C. KMC 14.20.105 -Townsite Historic (TSH) Zoning District D. Land Use Table with Footnotes E. Development Requirements Table F. City of Kenai Townsite Historic District Map G. City of Kenai Historic District Board Membership Roster City of Kenai Historic District Board Preservation Plan Page 9 of 9 e e e e Attachmem A Office of History & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St., Suite 1278 Anchorage, AK 99503-5921 (907) 269-8721 THE NATIONAL REGISTER OF HISTORIC PLACES NOMINATION PROCESS Owner or consultant submits to the Office of History and Archaeology (OHA) completed: a. nomination form b. black & white photographs with no labels or markings in ink on them (from or back) c. site plan If the property is within one of OHA's Certified Local Governments, the CLG's preservation commission reviews the nomination: a. solicits comments on the nomination b. finds nomination eligible for the register and forwards voting record and comments to OHA c. requests more information and forwards voting record and comments to OHA d. determines the property not eligible for the register and forwards voting record and commems to OHA Office of History & Archaeology (State Historic Preservation Office) reviews nomination, particularly for: ae completeness physical description period of significance level of significance statement of significance historic context special criteria considerations relation to the Alaska Historic Preservation Plan Thirty days prior to the Alaska Historical Commission (state review board) meeting- a. owner advised of meeting and given opportunity to review and commem on nomination b. appropriate local government officials given opportunity to comment on nomination Alaska Historical Commission (meets three times a year) reviews nomination: a. recommends it be forwarded to the Keeper of the National Register b. tables it for additional study c. determines the property is not eligible for the register Page 2 e o 8~ [3t18/971 Owner is advised of the committee's action: a. concurs b. disagrees and appeals decision to Keeper of the National Register State Historic Preservation Officer: a. reviews final nomination package b. signs nomination Nomination is sent to the Keeper of the National Register, National Park Service, Washington, D.C. for final review. The Keeper has 45 days to' a. determine the property eligible and list in register b. request additional information from the Office of History & Archaeology c. determine the property not eligible for the register Attachment B Office of History & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St.. Suite 1278 Anchorage, AK 99503-5921 (907) 269-8721 NATIONAL REGISTER OF HISTORIC PLACES RIGHTS OF OWNERS TO COMMENT AND/OR TO OBJECT TO LISTING Owners of private properties nominated to the National Register of Historic Places have an opportunity to concur with or object to listing in accord with the National Historic Preservation Act and 36 CFR 60. Any owner or partial owner of private property who chooses to object to listing may submit, to the State Historic Preservation Officer, a notarized statement certifying that the party is the sole or partial owner of the private property and objects to the listing. Each owner or partial owner of private property has one vote regardless of the portion of the property that the party owns. If a majority of private property owners object, a property will not be listed. However, the State Historic Preservation Officer shall submit the nomination to the Keeper of the National Register of Historic Places for a determination of eligibility of the property for listing in the National Register. If the property is then determined eligible for listing, although not formally listed, federal agencies will be required to allow the Advisory Council on Historic Preservation an opportunity to comment before the agency may fund, license, or assist a project which will affect the property. If you choose to object to the listing of your property, the notarized objection must be submitted within thirty (30) days of receipt of this letter to' Judith E. Bittner, State Historic Preservation Officer Office of History and Archaeology Alaska Division of Parks and Outdoor Recreation 3601 C St., Suite 1278 Anchorage, Alaska 99503-5921 If you wish to comment on the nomination of the property to the National Register, please send your comments to the State Historic Preservation Office within thirty (30) days of receipt of this letter. Additional information on the National Register and the federal tax provisions is available from the above address upon request. [6/19/95] Office of History. & Archaeology Alaska Division of Parks & Outdoor Recreation 3601 C St., Suite 1278 Anchorage, AK 99503-5921 (907) 269-8721 RESULTS OF LISTING IN THE NATIONAL REGISTER OF HISTORIC PLACES Eligibility for federal tax provisions' If a property is listed in the National Register certain federal tax provisions may apply. The Tax Reform Act of 1986 revised the historic preservation tax incentives authorized by Congress in the Tax Reform Acts of 1984 and 1976, the Revenue Act of 1978, the Tax Treatment Extension Act of 1980, and the Economic Recovery Tax Act of 1981. The new act maintains a certified rehabilitation investment tax credit (ITC) for rehabilitating historic commercial, industrial, and rental residential buildings. The current 20% ITC has a full adjustment to basis. For commercial buildings built before 1936, there is a 10% ITC for rehabilitation. Because tax aspects are complex, individuals should consult legal counsel or the appropriate local Internal Revenue Service office for assistance. For further information on certification requirements, please refer to 36 CFR 67. Consideration in planning for federal, federally licensed, and federally assisted projects: Section 106 of the National Historic Preservation Act of 1966 requires that federal agencies allow for the Advisory Council on Historic Preservation to have an opportunity to comment on all projects affecting historic properties listed in the National Register. For further information please refer to 36 CFR 800. Consideration in issuing a surface coal mining permit: In accordance with the Surface Mining and Control Act of 1977, there must be consideration of historic values in the decision to issue a surface coal mining permit where coal is located. For further information, please refer to 30 CFR 700 et seq. Qualification for federal grants for historic preservation when funds are available' Presently, funding is unavailable. [ 11/71951 KENAI MUNICIPAL CODE TITLE KMC 14.20.105 Attachment C 14.20.105 Townsite Historic (TSH) Zoning District: (a) Intern. The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone. The intent of the Townsite Historic Review Board is to enhance and identify the city of Kenai's heritage, to present this heritage in a manner that promotes civic pride, and to foster an awareness of where we as a people have evolved. (b) Historic District Board. A historic district Board will be established to regulate development within the TSH zone. The following provisions will govern the Board's activities through the State of Alaska Certified Local Government Program: (1) The Board will consist of a minimum of seven members with a demonstrated interest, competence, or knowledge in historic preservation, appointed for terms of not less than three years. A majority, plus one member must be residents of the City of Kenai. (2) To the extent available, three Board members shall be professionals, as defined by National Park Service regulations, from the disciplines of history, architecture or architectural history, and archeology. (3) The Board will meet twice each year or as necessary and conduct business in accordance with the Open Meeting Laws of Alaska. This includes public notification of meeting place, time and agendas. (4) Written minutes of each Board meeting will be prepared and made available for public inspection. (c) Historic District Board Duties' (1) The Board shall make recommendations to the Kenai Planning and Zoning Commission as to the area of the city to be included within the zone and any adjustments to the boundaries in the future. (2) The Board shall review zoning requirements and review all proposed changes to the zoning law within the TSH Zoning District. (3) The Board shall schedule a minimum of two meetings annually and special meetings as requested by the Planning Department to review proposed building permit applications within the zone or other business considered necessary by the Planning Department. (4) The Board shall conduct or cause to be conducted a survey of the historic, architectural, and archaeological resources within the community. The survey Shall be compatible with the Alaska Heritage Resources Survey and able to be readily integrated into statewide comprehensive historic preservation planning and other planning processes. Survey and inventory documents shall be maintained to protect the site location(s) from possible vandalism. The survey shall be updated annually. (Ord. 1636-95) (5) The Board shall review and comment to the State Historic Preservation Officer on all proposed National Register nominations for properties within the boundaries of the City. When the TSH Board considers a National Register KMC 14.20.105 Page 2 nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the Board, the Board will seek expertise in this area before rendering a decision. (6) The Board shall act in an advisory role to other officials and departments of local government regarding the identification and protection of local historic and archaeological resources. (7) The Board shall work toward the continuing education of citizens regarding historic preservation and the community's history. (8) The Board will review all building permit applications as well as all exterior architectural alterations and demolition within the designated zone. The Board's responsibility will be to provide it's recommendation for approval, denial or modification to the Planning and Zoning Commission. The guidelines to be followed by the Board will be designed to preserve the character which typify development in the zone and provide the basis for preserving the historical character of the zone. Applications must be accompanied by a schematic drawing of proposed changes within the zone. (9) The Board shall develop a local historical preservation plan that will be compatible with the Alaska State Historic Preservation Plan and produce information that is compatible with the Alaska Heritage Resource Survey. (d) Application: An application requiring review in TSH Zoning District shall be filed with the Planning Department. The TSH zoning district, as located within the bounds shown on the City of Kenai Official Zoning Map. The application shall contain: (1) One reproducible copy of the application signed by the applicant and, if leasing the premises, co-signed by the owner indicating type or nature of business. (2) Current color photographs of the site and of any existing structures representing both the overall condition of structures and accurately portraying materials and color. (3) Reproducible schematic plans of the proposed construction sufficient to show building size and layout, exterior elevations, proposed materials and colors. (4) A landscaping and site plan complying with KMC 14.25 and the development criteria of this chapter drawn to scale showing the existing structure and all proposed alterations and additions in relation to the site. (e) Development Criteria. The development criteria is intended to provide for a district in which residential and business enterprises cohabit-habitat as a desirable and compatible use. All proposed construction, renovation, demolition, or alteration shall: (1) Encourage, whenever possible and compatible with historic character of the TSH zone, foot traffic; restaurants, gift shops, parks, etc.; indigenous Kenai Peninsula flora; wooden structures including log style with soft colored or natural sidings. (2) Discourage uses which will violate the historic and scenic quality of the TSH zone; buildings and building additions that are not compatible with adjacent buildings or which violate the existing character and scale of the district. (3) Specific structures and activities which will not be allowed, but are not KMC 14.20.105 Page 3 limited to' (a) Buildings with "modem design style of architecture no historical correlation with the district; (b) (c) (d) (e) (0 (g) (h) "that have Multiple family residences (excluding duplexes); Gas stations; Auto repair shops; Rental storage of any kind; Kennels or similar uses; Livestock, Stables, Commercial horseback riding; Auto body and paint shops; (4) Commercial buildings are limited to a total area of no more 5,000 square feet per story. Any individual unit within the structure may be of no more than 2,500 square feet, except that the Commission may allow a larger individual unit if it is determined to be compatible with the zone. (5) Metal-sided buildings may be allowed if the Commission determines they are compatible with the zone. (f) Criteria for determining acceptable use shall include, but not be limited to the following: (1) All alterations to existing structures should be performed so as to preserve the historical and architectural character of the TSH zoning district. (2) The distinguishing original qualities or character of a building, structure, or site in its environment shall not be destroyed. The removal or alteration of any historic material or destruction of architectural features cannot be done without approval. (3) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. These changes may have acquired significance of their own, which should be recognized and respected. (4) Landscaping requirements according to City of Kenai as required by KMC 14.25. (5) All exterior construction must be completed within a year of date of approval. (g) Existing structures: All structures existing prior to the enactment of this ordinance will be allowed to continue in their present form and use. In the event of loss of the existing structure due to demolition, fire or natural causes, the structure may be rebuilt with the following requirements' (1) The structure to be rebuilt must conform to the previously existing structure in terms of size, shape and location unless the Commission determines the new structure is more compatible with the intent of the TSH zone. (2) The use of the new structure must be the same as the use of the previous structure. (3) Application for reconstruction of the structure must be made to the Planning Department within one year of the date of loss due to demolition or damage. KMC 14.20.105 Page 4 (4) Reconstruction of the structure must be complete within two years of the date of the loss due to demolition or damage. (5) If applicant wants to rebuild, other than a pre-existing structure, the existing structure provisions as stated above are not applicable. (h) Criteria for designation of landmarks to be included in the TSH: (1) Its age - approximately fifty years old. (2) Its character, interest or value as part of the development, heritage, or cultural characteristics of the city of Kenai. (3) Its location as the site of a significant historic event. (4) Its identification with a person or persons who significantly contributed to the culture and development of the city of Kenai. (5) Its distinguishing characteristics of an architectural type. (6) Its relationship to other distinctive areas that are eligible for preservation according to a historical, cultural, or architectural criteria. (i) Uses. (1) Principal Permitted Uses as allowed in Land Use Table. (2) Conditional Uses' As allowed in the Land Use Table and subject to the provision of this chapter. 1. Such uses must be similar to principal uses permitted in the zone. 2. Such uses must be in harmony with the intent of the zone. (j) Review process. Upon submittal of an application, the Planning Department shall schedule the application for review by the TSH Zoning District Review Board at the following appropriate meeting. The Board shall make a recommendation regarding the permit application to the Planning and Zoning Commission. The Board's recommendation shall be based upon the development criteria in this section and all other pertinent provisions of the Kenai Municipal Code. (k) Signs. Signs shall be as allowed as set forth in KMC 14.20.220(0. (Ord. 1727-96) (1) Penalties. Penalties for non-compliance with this Chapter shall be as set forth by KMC 14.20.260. (m) Definitions. 1. Alteration-Any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure which requires a building permit. 2. Construction-The act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property which requires a building permit. 3. Demolition-Any act or process that destroys in part or in whole a landmark or a structure within a historic district. KMC 14.20.105 Page 5 , 10. 11. rebuilding). 12. 4. Certified Local Government-A local governmem "that has been certified to carry out the purposes of section 101(b) of the National Historic Preservation Act." (Ord. 1637-95) 5. Historic District-An area designated as a "historic district" by ordinance of 'the City Council, which contains within definable geographic boundaries, one or more landmark and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. 6. Historic Preservation-The act of adopting regulations and restrictions for the protection and preservation of places and areas of historical and cultural importance to the Kenai. 7. Landmark-A property or structure designated as a "landmark" by ordinance of the City Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, and preservation because of its historic and/or architectural significance to the city of Kenai. 8. New Development-Any development which requires a building permit. Reconstruction-The action of returning a structure to original state. Relocation-Any relocation of a structure on its site or to another site. Renovation-To restore to a former better state (as by repairing or Site plan-Schematic drawing complying, with the development criteria of this chapter and drawn to scale showing proposed structure in relation to the site. (Ord. 1133, 1527-93, 1567-93) KEY' P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE Table 1 of 3 Attachment D NOTE: Reference footnotes on following pages for additional restrictions. ZONING DISTRICTS , C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH LAND USES RESIDENTIAL One Family Dwelling C~s P P P P P P S S~ S: Sz P p Two/Three Family Dwelling C~S P P P P P P S S~ C C P P Four Family Dwelling C~s p C3 p N N P S S~ C C C P Five/Six Family Dwelling C~s C3 N P N N P S S~ C C C P Seven or More Family C~8 C3 N C~ N N P S S~ C C C P Dwelling Townhouses 4 C18 C C C C C C C C C C C C Mobile Home N C C C C C C C C C C C N Parks 6 Planned Unit Residential C's C C C C C C C C C C C C Development 7 ri COMMERCIAL ..... , ,, Automotive Sales N C C~9 N N N C P P P P N N Automotive Service Stations N C C~9 N N N C P P P P C N Banks N C C~ C N N C P P P C C C Business/Consumer Services N C C~ C N N C P P P C C C Hotels/Motels N C C~9 C N N C P P P C C P Professional Offices N C C~9 C N N P P P P P C P Restaurants N C C'~ C N N C P P P C C C , ,, Retail/Wholesale Business N C C'~ C N N C P P P P C C Theaters/ N C C~ C N N C P P C C P C Commercial Recreation ,, S72-02/16/98 Title 14 - 65 CITY OF KENAI KEY: P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE Table 2 of 3 NOTE: Reference footnotes on following pages for additional restrictionv ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH INDUSTRIAL Airports and P C C~9 C~9 N N C P P P P C N Related Uses Automotive Repair/ N C C~9 C~9 N N C P P P P N N Tire Recapping/ Rebuilding Gas Manufacture/ N N C~9 C~° N N N N N C° Co N N Storage , Manufacturing/ N C C C N N C C P P P C C Fabricating/ Assembly/Storage Warehouses N C C~° C N N C C If P P C N PUBLIC/ INST~IONAL Charitable Institutions C C C C C C P P P P P C l~ Churches C p~° p~O plO plO plO plO plO plO C C pi° p Clinics C C C C C C C P P P C C C Colleges C C C C C C C P P C C C C Elementary Schools C C C C C C C P P C C C C Governmental Buildings C C C C C C C P P P C C C High Schools C C C C C C C P P C C C C Hospitals C C C C C C C P P P C C C Libraries C C C C C C Cu p P P C C P Museums C C C C C C C P P P C C P Parks and Recreation P S S S S S S P P S S P P Sanitariums C C C C C C C C C C C C C S72-02/16/98 Title 14 - 66 CITY OF KENAI KEY' P = Principal Permitted Use C = Conditional Use S = Secondary Use N = Not Permitted LAND USE TABLE Table 3 of 3 NOTE: Reference footnotes on following pages for additional restrictions. ZONING DISTRICTS LAND USES C RR RR1 RS RS1 RS2 RU CC CG IL IH R TSH MISCELLANEOUS Animal Boarding u C C C C C N N C C C C C N Bed & Breakfasts C C C C C C C C C C C C C Cabin Rentals C C C C N N N P P P C C P Cemeteries C C C C N N N C C C C C C Crematories N C N C N N C C C C C C C Day Care Centers ~2 C C C C C C C C C C C C C Dormitories/ C C C C C C P S~ S C P C C Boarding Houses Essential Services P P P P p p p p p p p p p Farming/Gardening/ P P P P P P P P P P C P P General Agriculture Greenhouses/Tree C C C C C C C P P P C C C Nurseries ~ , Assemblages ~s C C C C C C C p~S pis p~S p~S C P (Large: Circuses, Fairs, . etc.) ,, Lodges/Fraternal N C C C C C C P P P C C P Organizations Nursing, Convalescent or N C C C C C C P P C C C C Rest Homes Parking, Off-Street P P P P p p p p p p p p p Parking, Public C C C C C C C C C C C C C Lots ~2 Private Clubs N C C C C C C P P C C S C Radio/TV Transmitters/ P P C C C C C P P P P C C Cell Sites Recreational Vehicle Parks C C C C N N C C C C C C C Social Halls N C C C C C C P P C C C C , Subsurface Ext- C C C C C C C C C C C C N raction of Natural Resources ~6 Surface Extraction of C C C C N N C C C C C C N Natural Resources 27 Union Halls N C C C C C C P P P C C C LAND USE TABLE FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions' (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. S72-02/16/98 Title 14 - 69 CITY OF KENAI (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met' (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following conditions are met' (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) section. See "Conditional Use Permit for Surface Extraction of Natural Resources" (18) Conditional Use allowed only on privately held property. Not allowed on government lands. (19) Allowed as a conditional use provided that ingress and egress from the property is from the Kenai Spur Highway. S72-02/16/98 Title 14 - 69 CITY OF KENAI Attachment E ~ z z z z ~. z z z z ~ . Z Z Z IIII --,~ IIIIlffi lllllll~ ~ lllllllllll illlll IIl~ll IIl~l ADDENDUM TO DEVELOPMENT REOUI~ME~S TABLE ADDITIONAL REQUIREMENTS: Minimum Yards' Yards for Comer Lots' The minimum side yard on the street side, or platted right- of-way, or government easement, of a comer lot shall be the same as the minimum front yard required for that zone. (Ord. 1635-95) Maximum Height~' 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 the current FAA-approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. (Ord. 1787-98) Title 14 - 73 crrY OF KENAI Attachment F Ci~c7 o£ His~co~ic t<enai Dis Z 192-A3 GOV*T. LOT 311 GOV*T. LOT 37 U,S,S. 14~5 PETERS, NO. 3 2970A-1 TDYDN TR. TR. B AL RESERVE NO. ' 8 7 , Dorothy V. Gray 193 Trumpeter Avenue Soldoma, AK 99669 HISTO~C DISTRICT BOARD Meets Third Monday of Each Month 7:00 p.m. Kenai Council Chambers 262-6714 (home) 262-9805 (work) Attachment G 2OO0 Cecelia Richard P.O. Box 188 Kenai, AK 99611 283-5733 (home) 283-7977 (work) 200O Ethel Clausen P.O. Box 2815 Kenai, AK 9611 283-9094 (home) 262-5801 (work) 200O 2001 Bill Kluge P.O. Box 364 Kenai, AK 99611 283-4578 (home) 283-3698 (work) 1999 Gloria J. Wik P.O. Box 2444 Kenai, AK 99611 Kenai, AK 99611 283-3338 (home) 262-7111 (work) 283-(home) (work) 1999 1999 Ad Hoc: Alternate: Councilman Joe Moore Councilman Duane Bannock Contract Secretary: Barbara L. Roper P.O. Box 4234 Soldotna, AK 99669 (262-6577) (6/1/98) Suggested by: Administration City of Kenai ~OLUTION NO. 98-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERi~NG $6,980 IN THE ANIMAL SHELTER CAPITAL PROJECT FUND. WHEREAS, the following items need to be completed at the new Animal Shelter: Drop-off kennel fence panels Sound absorbing panels Cat kennel in drop-off kennel Security alarm system Flashing for drop-off kennel $ 60O 1,720 86O 2,80O 1,000 WHEREAS, the funds are available in the contingency account of the Animal Shelter Capital Project Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made- Animal Shelter Capital Proiect Fund From: Contingency $6,980 To' Construction $6,980 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of October, 1998. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (10/2/98) id CITY OF KENAI RE~OLUTION NO. 98-73 Suggested by: Councu A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING TWO CAPITAL IMPROVEMENT PROJECT LISTS FOR 2000-2002 STIP FUNDING. WHEREAS, input for the 2000-2002 STIP lists from the Kenai City Council, City Administration, and citizens of the City of Kenai has resulted in the below projects being requested of the State of Alaska; and, WHEREAS, public meetings were held concerning these two lists; and, WHEREAS, the Council of the City of Kenai, after receiving and analyzing the input from all sources and after discussion and deliberation, has decided to support the follomg two project lists for 2000-2002 STIP funding: LIST I Overland Improvements- Mission to Main Street {New Nomination) Boat Launch Road and Parking (New Nomination) Forest Drive/Redoubt Avenue Wildwood Drive Improvements Kenai Avenue- Beach Road Reconstruction; and WHEREAS, the Overland Improvements and Boat Launch Road and Parking are newly nominated projects, while the other projects were previously nominated; and WHEREAS, the Mayor and the Council of the City of Kenai pledge their affirmative vote for the maintenance and operational costs of all the City projects listed above (List I); and WHEREAS, the City is also in support of the following State nominated projects: LIST II Kenai River Bridge Access Road Pathway Construction Kenai Spur Road- MP 10 to 30 Kenai River Flats- Interpretive Site Improvements Kenai Spur Unity Trail Pedestrian/Bike Path NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, supports the above two lists for 2000-2002 STIP funding. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of October 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance ~ 00T-01-98 THU 08:10 KENi~I PENN BORO CLERK FhX ~0, 9072628615 IENAI PENINSULA 14~, N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907) 262-8600 FAX (907) ~6~.-8615 EMAIL. a~umblyclerk@ 0orougl~.KenaJ,aK.us BOROUGH September I g, 1998 LINDA MURPHY, CMC BOROUGH CLERK Ms. Donna Johnson Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue A~chorage, AK 99501-6698 Alaskalaacs, Inc.- Removal of Borough Objection Dcm-M',. Jolm~on- Please be advised that the Ke~i Pe~fi~ala Borough wishes to withdraw thc objection to the renewal of the liquor license for A la.skalanes, Inc. The licensee has brought their tax delinquencies in compliance by entering into a paymeat agreement according to borough policies. S~cer¢ly, Linda S. Murphy, CMC/AAE Borough Clerk APplicant City of Kcuai KPB Finance Department File K :NAI P :NINSULA BOI OU } 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us September 18, 1998 Ms. Donna Johnson Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 9950 i-6698 LINDA MURPHY, CMC BOROUGH CLERK Re'.Beverage Dispensary License Transfer- Little Ski-Mo Drive Inn Dear Ms. Johnson: Please be advised that the Kenai Peninsula Borough has no objection to the transfer of the following liquor license, located within the City of Kenai, Alaska: From: Little Ski-Mo Drive Inn, Ronald S. Yamamoto To- Little Ski-Moes Burger & Brew, L & M Ventures, Inc. The Kenai Peninsula Borough Finance Department has reviewed this file and has raised no objection based on unpaid or delinquent taxes. If you should have any questions, please feel free to contact me. Sincerely, ",...._../~inda ~/. Murphy, CMC/.,~ ~ir°MygseheClerk CC' Applicant City of Kenai Molloy & Landry KPB Finance Department File S.\WPWINxDATAXABCBXAbc-lettersxTranst'er\transfer in city wpd DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai, AK 99611 TONY KNOWLES, GOVERNOR 550 W. 7'FH AVENUE, STE. 350 Anchorage, Alaska 99501-6698 Phone: 907-269-0350 Fax: 907-272.9412 August 6, 1998 Dear Ms Freas' We are in receipt of the following applications for a transfer 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 in this letter. · Restaurant Eating Place Little Ski-Mo.Drive Inn: L&M Ventures; Michael J. Lott- President, Darrin.K Marion - Vice President, Natasha L Lott- Treasurer, Nina L Marion - Secretary; 11504 Kenai Spur Hwy; Mail: PO.Box 456, Kenai, AK 99611; transfer of ownership. Sincerely, /$/09onna .7ohnson Donna Johnson Records & Licensing Supervisor CC: Linda S. Murphy Kena/Peninsula Borough 144 N. Binkley Soldotna, AK 99669 PAGE 2 OF 2 l~mlmlIm BOX 466 NATASHA LYNN P.O. BOX 466 ~, A~ 99611 '- 5-~67 283-2824 283-4409 ~, AK 99611 ~0-08-~.'..:.--- · I zs3.-~84,. 283-4409 P.o. BOX 385 KENAI, AK 99611 5-21-63 ] 283-2846 ! 283-4409 I " SEClIO~ G- . TE ~ BACKGROUND. ~ m~ ~ m.., ~ ~ .w.mmml.. . ii: ' '" ..... :~;~:~:~?~"'~-""'" :" ...... - .... · ...... _ : ~-=-,: . :. ~. t~ ? ? ,- ~ ' , . I ~ d ~ ~ ~ ~ ~ ~ ~, ~ ~ ~~, ~ ~ ~1~~ ~ ~t in ~aaon of any s~~ interest or ~er a. ll~ ~ ~~ ~i-~ a ~~) ~ ~s) ~ a~ dir~ or in~ ~a~ial intent in ~e i~a . ...... [~:.,...-. -.. I ~ ~ ~ ~ ~ ~ ~ a ~ ~~ ~t~ ~ in supra of this ~a~. a~~. ~ ~= ~ ~ ~, I ~ mat earn ~~m n~ ~ ~ ~~ ~ r~ a SIGNAl8) OF TRANSFEFIEE(8) LIQUOR. LICENSE APPLICATION PAGE1 OF2 (Please read separate instructlor~) ~ Tw~ Year 0 Seaaon~. Dal~ of operabon notl~ exceed 12 nxm. · 8J~i04.11.._~.~_ 0 ..,,., .... ~ ~m~ Fee: -.--:~::~.::-..:::...'", ... .i :~We~-U,.UpdV.(~ OR O0.ue.~ //'"'~50. O0 P.O. ~ ~ 466~.. 11504 ~ ~ .... ~/::: '~:' '":' :~: ~ r ~ 99611 .: .... .=:.~:.,'::..:.~~:. :..: . ~~ ~ . , . .." . r ..... .. . .... P.O. BOX 3162 ~, AK 99611 .. 11S04 ~ ~ ~., K~t' ~K 99611 : =---=- -- '- ................ L~mm~m~mm~mmq~mm~mmJmmmmmpmmm. (~N.11..lOO) ~ &'M'~, ~ ~ ~ ~ ~ & ~ ~. 23, 1998 p_n:'~ 4~ ..... 11504 ~ ~ ~ .... '" ' ·" JJ"~ ' ' ':' ' ~, ~ 99611 283~4409 . ...... : ...... ~ .... '~ ....... '.. *~.,~ ~~ ~ ~ y~ 22 ~ 7 --' ~'~"~'~ O:~:::---,':'--- ' ' ~ ,.o. ~ ~ss, ... -. ~--,.....::. ~ 1 1 ~ 283-4409 '" ' · . . . _ :'.:.,:...:~-%~:~ ........ ,~-~,<..~ . - , . ' .~.~ ..... . ~~":~.. ~~-,': .... ~- ~.0. ~ 466, ~, '~ ~J '3-2~'6~ ~ '~"" 24~. "" , , -. / · ~ . . ~K. ~ ........ ' P.O. ~X 385, ~, ~ 99611 10=8~4 24% '<" :'" '='¥:=~' ' :"-:~ ~,I~ ~ .... ' .... - .......... ~':..~ ~ ~:0, mx ~66, '~, ~'99~j~ ~s-s~ ~ '. . -.. :./.~.r:..:" ...: · . .~ .' . . ./?-=..::.W.'. .:,_.,-. · . . .~.~= ..... - ~~:~ "" t' DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai, AK 99611 SUBJECT: Restaurant Designation Application Dear Ms. Freas: TONY KNOWLES, GO 550 W. 7TH AVENUE, STE. 350 Anchorage, Alaska 99501-6698 Phone: 907-269-0350 Fax: 907-272-9412 August 6, 1998 We are in receipt of the following application(s) for restaurant designation permit,within the City of Kenai. Please complete the enclosed application(s) and return to our office',.,':. ' Restaurant/Eating Place Little Ski-Mo Drive Inn Enclosed is a restaurant designation which allows access of persons under the age of 19 to enter a licensed premises for purpose of non-alcoholic related employment or dining. Pursuant to AS 04.16.049 and 15 AAC 104.715-795, the Alcoholic Beverage Control Board, "with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurant, or eating places only for purposes of this subsection." Sincerely, /,.7/(Donna ~7o fi ns o n Donna Johnson Records & Licensing Supervisor Enc: Permit application THIS PERMIT MUST BE RETURNED TO BE CONSm R D FOR ^PPROV^ bL BY THE BOARD. STATE OF ALAS~ ALCOHOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAURANT DESIGNATION PERMIT- AS 04.16.049 & 15 AAC 104.715-794 ' ~/~ ?i The granting of this permit allows access of persons under 21 years of age to designat~ licensed premises for purposes of dining, and and persons under the age of 19 for employment. If for employment,, please state in detail, how the person will be employed, duties, etc. (15 AAC 104.745). This application is for designation of premises where' (please mark appropriate items). 1 i"~ Under AS 04.16.010(c) Bona fide restaurant/eating place. 2 . . Persons between 16 & 21 may dine unaccompanied. 3 Persons under 16 may dine accompanied by a person 21 years or older. 4 Persons between 16 and 19 years may be employed. (See note below). Per call to Patsy. 7/28/9.8 jmh. L C Sm L&M .... Venthre'S~, 'D/B/A: .... X~X~XI~~x~-I~.x L i t t 1 e S'k i M o 1. Hou~ of ~mtio~: X [ ~1 'to q ~ Telehone ~ ~h - qq ~ 2. Have ~lice ev~ ~n call~ to your prmises by you or ~yo~e e~ f~ ~y r~n: [ ] Yes ~ No If yes, ~t~s) and e~lanation(s). Inc. 11504 Kenai Spur Hwy 3. Duties of employment: --~ c~ ~ %~-o'X ce. ,- c~ c~'~ - Pr e9 Ce, c,~ g --.~_cvex- Are video games available to the public on your premises? N[ ~) Do you provide entertainment: [~ Yes r ] No If yes, describe. ~C'l~~:~"~'~e- "~V 6. How is food served? ~ Table Service Buffet Service X Counter Service Is the owner, manager, or assistant manager always present during business hours? ~] Yes [ A MENU AND A DETAILED LICENSED PREMISES DIAGRAM MUST ACCOMPANY THIS APPLICATION This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795) I certify that I have read AS 04.16.049, AS 04.16.060, 15 AAC 104.715-795 and have instructed my employees about provisions conminedth,r,in. / ~~/_~ . ................ ~ Applicant(s) signature ,.~(?~-~ g ~~~~ % ~~A.q[l~bSCfibec~n[l sworn to before me_~h~ ,, Application approved (15 AAC 104.725(e) N'3~' Public in~ tbr Al~sk%7~ ~ Governing Body Official My Commission expires ..~.----.~'- ~ d) j Date: Director, ABC Board Date: ,, NOTE: AS 04.16.049(c) requires that written parental consent and an exemption by the Department of Labor must be provided to the licensee by the employee who is under 19 years of age. Persons 19 and 20 years of age are not required to have the consent or exemption. Describe how food is served on back of form. h :~exceBto rm s ~4/17/9 7iR EST-APl= ~X LS/vj h A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 REPORT FOR THE MONTH OF SEPTEMBER, 1998 C ircu I atio n Adult Juveni 1 e Fiction 2108 Non-Fiction 1968 Periodicals 82 543 272 Kits Puzzles Phonodiscs Cassettes 13 3 5 200 Total Primed Materials .. 7411 Total Circulation .. 9294 Easy Books 1999 439 Videos 756 Miscellaneous 906 · Additions Docs Adult Juvenile C~ffs 13 80 12 Purchases 32 17 Total Additions .. 260 Easy Books 22 34 AV 21 29 Interlibrary Loans Ordered Received Returned Books 35 26 22 Interlibrary Loans by our Library .. Books 37 Volunteers Number.. 22 Total Hours.. 166 Income Fines and Sale Books Lost or Damaged Books Xerox 1,411.95 214.65 233.20 Total Income for September, 1998 ...... $1,859.80 A PUBLIC LIBRARY IN SERVICE SINCE 1949 163 MAIN STREET LOOP KENAI, ALASKA 99611 (907) 283-4378 Library Cards Issued September, 1998 Kenai 54 Kasilof I Nildsld 15 Ninilchik 3 Soldotna 31 Sterling 6 Other 8 Total I 18 Library. Patronage .... 7.971 Persons ql C ;..- > .,-4 ,~l r' i-' IJ II, C r- 11' 'Ill Iii i,i ~, aJ F.,3 -: ,Ii ~fl L. ::l C r'3 F~ =.' 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ICL 0..4 WI]lC I-. -,-' t~ W <!: ~0 C t Z C 00'1" ~ ~' [_) C .C f..) ti-., ,~ r,- (r, ~ ,£~ b3 I CIO I-- ~., >. IJ. I Lq ,~, ~ <Z 0 _J _J >- W ~ I',.- Z 7" ~"'0 bJ L~W~ -.Jb~r'.l Z ~ W ! I.d'-'W W I-- '~Z ~ i~ib.. Z W ! .'2' 0 i~ W W I..-o i ~ 0 I--4, >- ti..I W ~ ,? c Z 0 _J >- w ~ I.-..- Z '-" "'-, ,---, ~ ;-- t-- 'd _i ~1 f'..J ? ~. Id ',-.- ~ ~ Ltl r.fl ~.'[ ..j Z ,.%1~ W bJ k- 0 ..j r_q ,--, Z 0 fE ~ [0 '-.4 CO I AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 9, 1998 - 7:00 p.m. http :// ww. cl. kenai, ak. us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes- August 26, 1¢98 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. SCHEDULED PUBLIC COMMENT: ® CONSIDERATION OF PLATS: a. PZ98-46~Grace Brethren Replat #2 ® PUBLIC HEARINGS: a. PZ98-40--A resolution amending KMC 14.20.150 - Conditional Use Permits b. PZ98-41--An application for an Encroachment Permit for Front Yard Setbacks for the property described as Lot 7, Block 1, Evergreen Subdivision, 401 Evergreen, Kenai, Alaska. Application submitted by Jerry S. Stock, 1614 Fourth Avenue, Kenai, Alaska. c. PZ98-42--An application for a Variance Permit for Side Yard Setbacks for the property described as Lot 8, Block 6, Thompson Park Subdivision, 4005 Forget-me-not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. d. PZ98-43--An application for a Conditional Use Permit for Cabin Rentals for the property described as Lot 28, Block 1, Angler Acres Part 2, 1525 Angler Drive, Kenai. Application submitted by Gary L. Rolf, 46-082 Puulena Street # 1222, Kaneohe, HI 96744. e. PZ98-44--An application for a Conditional Use Permit for a drywall business for the property described as Lot 8, Block 6, Thompson Park Subdivision, 4005 Forget-me-not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. 0 NEW BUSINESS: a. Lot 2, Block 1, Etolin Subdivision, First Addition- Discussion & Recommendation to City Council b. KMC 14.20.145 - Recreation Zone~Discussion Planning & Zoning Commission Agenda Page 2 September 9, 1998 6. OLD BUSINESS: ® CODE ENFORCEMENT: a. 695 Sycamore Circle - Update Se REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. KPB Resolution 98-30 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION September 9, 1998 - 7:00 p.m. Chairman: Carl GHck *** MINUTES *** 1. CALL TO ORDER: Vice-Chairman Bryson called the meeting to order at 7'05 p.m. a. Roll Call Members Present: Phil Bryson, Teresa Wemer-Quade, Ron Goecke, Barb Nord, Karen Mahurin, Art Graveley Members Absent: Carl Glick Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper be Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA ADDING THE ITEMS PRF~ENTED PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SF~ONDED BY MAHURIN. AGENDA WAS APPROVED WITH THE ADDITIONS. Ce Approval of Minutes: August 26, 1998 MAHURIN MOVED TO APPROVE THE MINUTES OF AUGUST 26, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRAVELEY. MINUT~ OF AUGUST 26~ 1998 WERE APPROVED AS WRITTEN. de Consent Agenda * All items listed with an asterisk {*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item win be removed from the Consent Agenda and considered in its normal sequences on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT-- None Planning & Zoning Commission September 9, 1998 Page ~ 3. CONSIDERATION OF PLATS: a® PZ98-46 -- Grace Brethren Replat//2 Kebschull reported the applicant is asking to remove existing property lines to create one large parcel. Utility easements will also be vacated with permission from each affected utility company. GOECKE MOVED TO APPROVE PZ98-46. MOTION SECONDED BY MAHURIN. No public comment. No Commission discussion. VOTE WERNER-QUADE Yes C~ECKE Yes NORD Yes MAHUR~ Yes GRAVELEY Yes BRYSON Yes GLICK Absent Motion passed. PUBLIC HEARINGS: a® PZ98-~ -- A resolution amending KMC 14.20.150 - Conditional use Permits Mahurin requested point of order and asked if the Commission had voted for this item to go to a public hearing. Vice-Chair Bryson informed Mahurin the item was voted on at a meeting she did not attend. GOECKE MOVED TO APPROVE PZ98-40. WERNER-QUADE. MOTION SECONDED BY Bryson indicated testimony given during the public hearing will be !i_mited to three minutes unless an individual had a written document that would be read. If that be the case then the individual is asked to state that before beginning comment. Donna Riddle, 1535 Angler Drive, Kenai, Alaska asked what the proposed amendments were. Bryson requested a short recess while Kebschull made copies of the proposed changes. Recess began at 7:10 p.m. Meeting resumed at 7:20 p.m. Two items were handed out to the audience; one of the items was the sheet which was included in the packet labeled 14.20.150 and at the bottom it says Title 14.1. This Planning & Zoning Commission September 9, 1998 Page 2 represents the existing conditional use code. Bryson pointed out the highlighted areas on the sheet were those items Administration had been working on. The second sheet did not have a page number but had the same chapter designation. This sheet was the proposed code. Bryson requested staff provide a summary of the proposed amendment. Kebschull explained, over the past year when conditional use permit applications were reviewed, item 1.I was questioned. Kebschull continued, those individuals who have spoken against an application made the comment, "how can we allow a conditional use when the use is generally in those zones are residential zones and are listed as "P's" in the land use table." As a result, staff felt if the code is viewed literally, then technically the City could not allow anything other than principal use within the zone. However, staff also felt (and the City Attorney advises) the Land Use Table was written after Title 14 and that, in a court of law, would take precedence. The proposed code is taken from Seward and who have a very specific process a person goes through to apply. This also requires a public hearing and the review criteria the commission is supposed to follow. Mahurin asked ff the public notification for adjacent and neighboring. property was modified in any manner. Kebschull replied, the public notification procedure is the same as it always has been, which is 300 feet from any property line as well as being published twice in the paper seven days before a meeting. Verbatim Begins Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska and I~ll be affected ah...by the proposal that you're trying to make in Thompson Park but this conditional use permit is getting out of hand and I recommend it just cease and desist when it pertains to residential; changing variances so that ah...there could be businesses or whatever. It's already come up with some other people, I think it is Cinderella ah .... Subdivision who had to spend time, effort to protect their property and it being residential and um...other people, one person's not here, who feels the same way, he~l be coming later and he lives in Thompson also, but where does it stop? That's .... that's the issue, where does.., it... sh... ah.. one person gets a conditional permit then another one, then another one, then another one, and I~1 speak later on .... further, but right now I'm against conditional permits, I'd like to see em' stopped especially if it pertains to a residential es... ah... district or subdivision. Bryson: Ah... did you sign the ah...the list ah...on the .... on the podium? csin-Thompson: Ah...no, no... (signed the roster). Planning & Zoning Commission September 9, 1998 Page 3 Bryson: Any... any questions for Ms. Thompson? Okay, ah... other persons who would like to speak? Debbie Sonberg, 410 Cinderella, Kenai, Alaska - My name is Debbie Sonberg and I'm at 410 Cinderella Street. Many from the community and my neighborhood in particular have .... have been before numerous times this year and in the past. Our primary concern has been preserving the character of our neighborhoods and having a voice in the development of our respective neighborhoods. Many cities formally recognize the unique character of neighborhoods and actively work with those neighborhoods to promote development and preservation within those unique characteristics. Our city has formally recognized the uniqueness of neighborhOods in the Comprehensive Plan on page 17 in a section entitled, "A City of Neighborhoods". That section reads, "Kenai is characterized by disperse pockets of development separated by drainage ravines, bogs and the Kenai River flood plain." These separate developable areas have tended to create a City of identifiable neighborhoods, each with a somewhat different character. When asked, Kenai residents say they live in such neighborhoods as Woodland, Beaver Loop, or Valhalla, not just Kenai. 1 live in the MAPS neighborhood and I believe we were given that name by others, not by ourselves, but that's where I live. I think we have continually demonstrated to the Planning and Zoning and to the Council and to the community in general that this neighborhood identity is very important to us. Rather than try to patch a bad land use table with zoning wording changes that give the Commission and Council more power to override neighborhood concerns and desires, I think that this resolution should be voted down or at a minimum, tabled until a more comprehensive neighborhood sensitive solution can be sought. Some type of formal neighborhood planning needs to be adopted that will be a proactive solution rather than the reactive method currently available to us. The City of Round Rock, Texas has a neighborhood plan that reflects a proactive type of neighborhood involvement that could serve as a model of what we could be. The neighborhood planning purpose statement of the City of Round Rock is, "neighborhood planning is a process of identifying improvements and preserving aspects of a neighborhood that make it unique. A neighborhood plan is the outline for development of the neighborhood that aims to protect and improve it's character as it evolves. The neighborhood plan supplements the city's general plan or existing ordinances and identifies key issues for improvement in the neighborhood." The City of Round Rock began its neighborhood planning efforts in 1984. They currently have three identified neighborhoods and plans. Excerpts from their planning process; "neighborhood planning is an important way for Round Rock reaidents to have a say in how future change will affect their neighborhoods." Neighborhood plans typic~ly address such issues as transportation, infrastructure, schools, parks and recreation, the Planning & Zoning Commission September 9, 1998 Page 4 environment, utility service, and future land use. Through the neighborhood planning process the planning and community development staff and people from other city departments form a dialogue with neighbors that can shape the city policy and future decisions that will affect the neighborhood. The neighborhood planning team members act as a liaison between the neighborhood and city staff in representing neighborhood concerns. The neighborhood planning team identifies solvable problems in their neighborhoods as well as unique characteristics that they would like preserved. The plan may either become an amendment to the city's general plan or an advisory document that is used guide city policies towards the neighborhood. The plan becomes a work order for city departments and for the neighborhood itself. Isn't this what we Ye really been asking for all along? We want an active voice in identifying neighborhoods uniqueness and a part in the decision making in development in our neighborhoods. We want the city to recognize us and respect us for our uniqueness. This resolution, PZ98-40, if passed will undermine the uniqueness of neighborhoods by giving the city officials, planning and zoning, Council, etc., more power to overlook pUblic input and rule their own views of development. This resolution will create more conflict in the development process that already exists and promote more appeals and more frustration for the citizens of Kenai. The new land use tables, this, ah...like the new land use tables... Bryson: Excuse me .... ah...are you going to be... is this going to be... Sonberg: Got about that much more to read (indicated remaining paragraph with fingers). Bryson: Okay... Sonberg: It's only two pages .... Bryson: Go ahead...please .... Sonberg: I don't think it took three minutes .... like the new land use tables, this resolution has far reaching impacts on the entire community. Three words in a public notice, conditional use permits, is not adequate disclosure to the public on the decision you now have before you. The land use table was changed without significant public notice and the final table was nearly a reversal of what the planning and zoning commission originally anticipated as my understanding is. The land use table and this resolution carry more significant impacts that any single conditional use application. Every citizen should have received notice in the mail and a clear explanation of the impacts of these items. Please do not vote in favor of adopting this stop-gap resolution but rather seek a more comprehensive solution. We are ready to work with you on neighborhood planning. Thank you. Planning & Zoning Commission September 9, 1998 Page 5 Bryson: Thank you. Ah...like to remind you that if you have testimony like...you'd like read into the ah...record and it's going to take over three minutes could you let us know before you start. Other persons who'd like to make testimony? Sir? in the far back. Nolan T. Compton, 2785 Beaver Loop Road, Kenai, Alaska. I'm Nolan Compton, I live at 2785 Beaver Loop Road and I would like to first off say that I believe that this should be tabled because of the lack of time that was allowed for thc public. This came out in Friday's paper, there was a holiday weekend, there was a lot of people out of town. Basically you had two days to review what was §oin§ on here. I don't think that's sufficient pubhc notice to allow them for that. I don't know what thc city requirements arc but I think there's a lot more people that...that would be very .... like to be here toni~lt that were not informed of what was §oin§ on in this particular condition and I don't think that there .... there was cnou§h time ~iven to thc pubhc in this matter. Ah... land usc tables were brou~lt up, somcthin§ that I believe everyone should have been sent that and that if you arc a payin§ .... tax payin§ citizen to the City of Kenai you should receive that particular information but it's up to us to §o and §et it. I don't even know what is all is on that land usc table. Ah... I wish I did and maybe I could be more clearly about what I feel about this if I knew that. Urn... another area that...in this that I just got... I work every day so I don't get a chance to... to pick this up. I don't have a computer so I didn't pick this information up until just a few minutes ago. I have to disagree with the review criteria where it says the value of joining properties. These are neighborhoods, you're talking of whole zones. If you're going to do it that way, zone each lot, don't do it in whole areas because there's a lot more people that are affected than just the adjoining neighborhoods. In particular, I'm referring to the gravel pits located down on Beaver Loop because all the adjoining properties are all gravel pit operators. That's not really the neighborhood, that's the people that are trying to do business out of that neighborhood. I feel that the citizens, when it's zoned rural residential, should be able to comment on that, not just the adjoining land owners. Your making it to where if a person is located between his property .... his property is located between two others that are doing the same type of operation, there's going to be no objection. That's not fair in a .... in a area that's zoned as it is. It should be in compliance to everyone that's in that whole zone area, that's who should be able to make a comment about that and if it's gonna affect the neighborhood it's also going to affect their property values. So .... it .... that to me is very restrictive of who .... who is capable of even saying in what you're going to review. Um... again as I say, I believe that this oughta be tabled and for further review um...before the commis .... the Council here even makes a vote on this. Planning & Zoning Commission September 9, 1998 Page 6 Bryson: Thank you Sir. Compton: Thank you. Bryson: Any questions? Thank you. Goecke- Mr. Chairman? Bryson: Yes, Mr. Goecke? Goecke: meeting. Um...isn't the notification given ah...two times prior to the Kebschulh That's correct, it was published in the paper on Wednesday and again on Friday and the agenda was in the paper on Sunday. It is also on the intemet home page. In addition, it's posted in three public places and it was posted at least, more than two weeks ago. Bryson: Thank you. comment? Ah... other persons who would like to make Mark Schrag, 312 Princess, Kenai, Alaska. Mark Schrag I live at 312 Princess and I just feel like you guys are going in the abso...the wrong direction here. We are not...the public...the hearings I've been at before, we're asking for more restrictions not .... not to make it easier urn.., and I guess I just .... I don't understand your view of development, you know that .... it always seems like everything that they want to do development, developer comes in and they get their way. History you know.., our own recent history is littered with examples of that. I...just today I was coming in from out north and come by that urn.., where that guy set up that um .... that sawmill. Came in a couple years ago, big plans.., on what.., he's going to have 150 jobs or something like that, he's going to have all these plans. Looks empty to me right now, you know but something like that comes in and you're willing to sell em' the farm it seems like and it's just .... and you end having to clean that up later if it doesn't work out. I just think need to take a little...better approach you know. Not against development, but some more responsible development, not just somebody coming in and offering something and then and then you give it to em'. (Sigh) Now I guess that all, I just .... I'm very much against this going forward fight now, I just.., to me maybe I'm overreacting but it seems like you're declaring war on the .... on the citizens of this.., of this city...again... Thank you. Bryson: Thank you. Any questions for Mr. Schwab...Schrag? Anyone else who would like to make comment? Last call? Colleen Ward, 708 Magic Avenue, Kenai, Alaska - My name is Colleen Ward. I Live at 708 Magic Avenue and I just have a few comments for Planning & Zoning Commission September 9, 1998 Page 7 this evening. Um... I do agree with and understand that there is a need to do some modifying in our municipal code and as far as that goes, probably our comprehensive plan and our land use table. However, I do disagree with the approach that we seem to be heading towards tonight, -~ an approach that seems somewhat piece-meal and somewhat stop- gap. Um... we believe that this proposal is doing more than just meeting a legal requirement to make it compatible with the land use table. We believe that changing the conditional land use permit is a fundamental difference in the way the city does business and that's why it is such great concern to us and that is why, as Mark was expressing, and as Nolan before him, our frustration is quite high when we look around this room and realize how few people are here and are aware of this particular urn.., change that we're considering. We bel .... I believe that we passed the land use table and we did have public hearings and the process was in place for people to be involved. Unfortunately a lot of people are busy with their lives and they don't follow city politics that close and a land use table that was passed. Unfortunately it was passed before it was.., the compatibility with the development requirements, with the municipal code and the comprehensive plan were considered. Ail of which are legal documents that the City is bound to ah... consider in the decisions they make at meetings such as this. We can go back and we can change the municipal code to avoid the legality and the legal discrepancy between the municipal ah... code and the land use table, we still have a legal discrepancy between the municipal code and the comprehensive plan, however, if we do that. Where does it stop? Where do we stop putting a band-aid on this problem that seems to be fe~tering in our community as has been evidenced by the increasing number of variances that have been applied for and the increasing number of appeals that have moved from this chamber and this commission to the Council. We do .... I do...um understand that what you're trying to do here tonight or what you're proposing to do is something that needs to be looked at very closely and I support in doing that, however, I suggest that this is not the place and this is not the time. This issue is not going to go away, it does need to be dealt with and I would suggest that it be dealt with in a much more responsible, comprehensive, and highly participative manner versus what we're doing here tonight and encourage you to take the steps necessary to make that happen. I thank you for your time and for your willingness to make these hard decisions for our city. Bryson: Thank you. Are there any questions for... Ms. Ward? Other persons who would like to make comment? '(~lenn McCollum, 399 McCollum, Kenai, Alaska - My name is Glenn McCollum and I live at 399 McCollum Drive and I .... I'm ah... I'm just here tonight to kinda protect our neighborhood. I'm quite interested in the way you change the wording for granting conditional use permits. We know the use table was re-written a year or so ago now I'm opposed Planning & Zoning Commission September 9, 1998 Page 8 to just turning the commission loose to change the wording to make it easier for the commission or the Council to grant conditional use permits. That's just under my need of protection that we do have with the present use permit wording. You are talking about our neighborhood where we constantly had to defend our position and I'm not for this change right now. I thank you. Brysom- Thank you Sir. Any questions for Mr. McCollum? Anyone else who would like to make comment? Robert Glonek, 4005 Forget-me-not, Kenai, Alaska. I think conditional use permits are good and are bad, I think they have to be justified... Bryson: Could...could you please state your name...and ah... there's a list there to sign it..okay. Glonek: I think they have to be justified and they have to be thought through... Bryson-. Glonek: Sir, could you state.., state your name for the record please. My name is Robert Glonek. Bryson: Thank you. Glonek: Sorry, um... back to the conditional use permits.., um... I can agree with the sawmill that has a bunch of stuff laying around and they were going to hire a lot of people and now nothing's going and it... it looks tacky. Urn.. there's other aspects to the phase of conditional use permits as far as may just, in my example, building a garage and storing my box van and my materials in there, urn.., and that's the only reason that's the only reason that it's going to be there. Ah... that's was just my only comment that I wanted to say on conditional use permits is there is a lot of variables in between and that's why you guys are here is to... siphon out those variables. Thank you. Bryson: Thank you. Any questions? Anyone else who'd like to s... comment? Last call again. Okay, hearing no further requests, bring it back to the Commission. Verbatim Ends _ Graveley asked staff if the proposed conditional permit is what the City of Seward is using at the present time. Kebschull answered, the City Attorney has taken a majority of the information from Seward but not verbatim. Graveley stated, not for the change of wording but he liked Planning & Zoning Commission September 9, 1998 Page 9 how the layout of the proposed procedure. Graveley continued, it would be nice if the entire Title 14 format could be changed, not the wording but the format to make it easier to read. Mahurin stated conditional use permits and variances have been a major concern of hers since she's been on Planning and Zoning. Mahurin further stated she usually votes a lot differently than other Commissioners. Mahurin continued, it is unfortunate that politics enter into planning and zoning but it is a reality being faced with. Mahurin believes there is a place for conditional use permits and she believes the Commission has approved some very valid ones with the intent that it did not harm the neighborhood, it was good for the City of Kenai, and it was good for the residents within the City. Mahurm also agreed the Commission has denied some and have been overruled, therefore, she wonders why have a planning and zoning at all. Mahurin stated the same can be said for variances and that's becorn_ing more and more as what is shown on the agenda for this meeting. Mahurm agreed with Graveley, the proposal is certainly easier to read, however, she is concerned about some of the points the audience made and one is under the review criteria where it says the Value of the adjoining property would not be significantly impaired. Mahurin continued, we are talking about entire neighborhoods and not just two pieces of property on either side of the person requesting the conditional use permit. Mahurin stated, item 3, the proposed uses in harmony with the comprehensive plan is a change from the current code as far as the intent of the zone. Mahurin also stated, for those who may have had problems with the process of the new land use table would also have problems with a change in the code to comply with some of that. Mahurin reported she would be voting against the proposed change for many of the reasons stated. Goecke stated at this point in time there is a criteria to go by and a lot of it may be conjecture on the part of the commission but a conditional use is available to the public if they want to do something in a neighborhood. Goecke believes staff and the City Attorney have attempted to make the procedure easier for the Commission to understand. Goecke continued, until such time as the voters and/or the City Council elect to completely 'do away with a conditional use permit, the procedure is something that should be viewed as helpful. Goecke will vote in favor of the resolution. Schrag asked if comment could be made from the audience. informed him the public hearing had been closed. Bryson Wemer-Quade indicated she would like to see under B. 1, ii from the current code retained in the new version, this being such uses must be in harmony with the intent of the zone and that can accompany D.3, the proposed use is in harmony with the comprehensive plan. Wemer- Planning & Zoning Commission September 9, 1998 Page ~ 0 Quade continued, she would like to see the wording changed in D-2 to read ~the property values in the neighborhood will not be significantly impaired. ~ Nord stated with regard to item D-2 in the proposed conditional use permit, she was uncomfortable with the Planning and Zoning Commission or the City Council trying to determine the value of properties and whether they would be significantly impaired. As a result Nord will vote against the item. Graveley asked if the item were to fail in a vote would it be revisited in the future as he hated to see all the hard work done for nothing, t3ryson thought it would go to Council with a do not pass recommendation. Kebschull reported, if it failed with Planning and Zoning it would go no further. Graveley stated he did not want to see it lose as the issue needs some work. Smalley suggested the item be tabled or continued to the next meeting and re-advertise. MAHURJ_N MOVED TO CONTINUE PZ98-40 TO THE NEXT PLANNING AND ZONING MEETING. Motion failed due to lack of Second. Bryson referenced an item brought up which concerned using the phrasing that a use is consistent with the purpose of this chapter and the purposes of the zoning district. 13ryson stated, he found that statement the same as the statement that such uses must be similar to principal uses permitted in the zone. IBryson continued, ultimately it's the planning document that determines the appropriateness of certain uses, particularly in a changing situation if that's to be the case. 13ryson pointed out he was not talking about a specific neighborhood. Bryson also commented on establishing the value .of adjoining properties. As it has always been the case, the value of adjoining property is best evaluated by expert testimony and that's what carries the most weight in legal proceedings and not an individual stating that he has been damaged or not damaged. GRAVELEY MOVED TO TABLE PZ98-40 FOR FURTHER REVIEW. Bryson suggested a continuation of the item or a postponement of action rather than tabling the item. Graveley stated what he is trying to do is incorporate the recommended changes in wording. Kebschull stated a motion would be required to request the wording be changed and that would bring it back to another public hearing. Mahurin stated she felt strongly about the issue and if it is postponed and not continued, the next planning and zoning meeting will be her last Planning & Zoning Commission September 9, 1998 Page 3 ~ be so she felt strongly the public hearing should be continued to the next meeting. Mahurin also thought motions could be made to ask staff to come back with language or change the language after the next public hearing. MAHURiN MOVED TO CONTINUE THE PUBLIC HEARING TO THE NEXT PLANNING AND ZONING MEETING FOR PZ98-40 AND FOR THE CITY TO RE-ADVERTISE NOTICE OF THE HEARING. MOTION SECONDED BY WEI~NER-~UADE. Goecke stated he felt as strongly about the issue as Mahurin does and she's making her pitch for doing it at the next meeting before she leaves. Goecke pointed out he stated at the last meeting he would not be at the next meeting because of his daughter's wedding but he would like to be here as much as Mahurin would like to be. With that in mind, Goecke suggested the issue be given more than two weeks. Goecke indicated he would be in favor of 30 days' since it has stirred a small hornet nest of controversy. Bryson reminded input needs to go through a public comment in an open forum rather than modifications being made to staff. VOTE (For Continuance) CvO~~ No NORD Yes MAHURIN Yes GRAVELEY Yes WERNER-QUADE Yes BRYSON No GLICK Absent 4 Yes Votes, 2 No. Motion passes. Mahurin informed Goecke she didn't remember he was not going to be at the next meeting and asked he know this is in no way has any impact on the fact they view the issue differently. Bryson noted Glick may not attend the next meeting also. PZ98-41 -- An application for an Encroachment Permit for front yard setbaclr~ for the prope~:y described as Lot 7, Block 1, ~rer~een Subdivision, 401 Evergreen, Kenai, Alaska. Application submitted by Je~y S. Stock, 1614 Fou~h Avenue, Kenai, Kebschull stated there was nothing additional to the information provided in the packet. Kebschull noted the Building Official stated the structure actually sits 58' back from the street surface. A copy of the picture as provided gives an idea of how far back the structure sits. Kebschull indicated the applicant was present should there by any questions. Planning & Zoning Commission September 9, 1998 Page 32 GRAVELEY MOVED TO APPROVE PZ98-41. THE MOTION. GOECKE SECONDED Jerry Stock~ 1614 Fourth Avenue, Kenai~ Alaska. Stock stated he is with New Castle Builders and he made the mistake. Stock continued, he purchased four lots from the City of Kenai and did not know Evergreen Street was butt 20' off the centerline. Stock stated he pulled 60' from the ed§e of the street. He added, he was familiar with City lots for the past four years and all his stakes were out on the ed§es of City streets except this one. Stock added this was a total shock to him. Stock reiterated he pulled off 60' from the ed§e of the street and knowin§ he had a 25' setback was his reasonin§. No further public comment. No discussion. VOTE NORD Yes MAHURIN Yes GRAVELEY Yes WERNER-i~UADE Yes GOECKE Yes BRYSON Yes GLICK Absent Motion passed unanimously. PZ98-42 -- An application for a Variance Permit for Side Yard Setbacks for the property described as Lot 8, Block 6, Thompson Park Subdivision, 4005 Forget-me-not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. Kebschull stated she had nothing additional to what was included in the packet but pointed out the application did not fit the guidelines for a variance. This was discussed with the applicant and he did modify his original application. The applicant was present should there be any questions for him. Public hearing open. Larry Waltrip, 339 Porcupine, Soldotna, Alaska. Waltrip reported he owns the property next door to the applicant, the address is 4015 Forget-Me-Not Lane. Waltrip continued, the stipulated side-yard setback is 5' which he feels is too close. Wa/trip would hate to see something built on a permanent basis that is in closer to that primarily because of the lack of room for maintenance and the lack of slope away from his building. Waltrip added, he thought snow melt or rain water would run on to his property. Waltrip reported he submitted a letter voicing his concerns and hoped the Commission had time to read it. Planning & Zoning Commission September 9, 1998 Page 33 Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska. Thompson reported she lives less than 300' from where the activity will take place and was in support of Waltrip's comments. She added, she too feels it would be awfully congested to build a 20'x 30' garage right next to the very small lots. Thompson stated a plat of Thompson Subdivision would show some of the lots only to be about 80' wide and that should be a consideration. Thompson stated it may be easy for a Commission to sit and listen to people but unless they live in the situation what would they do or say. Thompson was concerned about squeezing something in a very small lot and would be awfully congested quarters for that type of construction on the lot. Robert Glonek, 4005 Forget-Me-Not Road, Kenai, Alaska. Glonek stated his main concern with the garage is he owns a box van for work and that and his materials can't freeze. Glonek continued, he just purchased a $5,000 spray rig that weighs 500 pounds and will sit in the back of the box van. The rig cannot sit outside. It has to be in a garage. Glonek stated his thoughts on the garage would be to have one-foot eaves on each side. There is a four foot fence to the property line which would still keep all the snow and runoff off the neighbors' property. Glonek reported the box van is 9-1/2 foot and it would take three feet on each side to open the doors. If the garage is downsized to 16 feet, he would be just barely able to squeak the van in. Glonek stated he would also have to store his materials in the garage and with 16 feet that wouldn't be possible. Glonek agreed the lots are small. He only has a quarter acre and he's worked hard to figure out a different spot to build the garage so that he wouldn't have to apply for the permit. Glonek thought he could downsize another foot or two and go 18' but he would like to have three feet to the property line which means he would have a two-foot encroachment. Glonek stated he would totally ensure no runoff and give access to walk around the garage, maintain the yard, etc. Bryson asked if the front of the house was on Front Street. answered that it was. Glonek Mahurm asked if there was a carport in the front of the house. Glonek replied, yes, there is a carport. Mahurin asked why that couldn't be converted to part of a garage and work it that way in order to meet the setbacks. Glonek replied, he tried that but the box van is ten feet tall and the carport is only 7-1/2' high. The carport is 23 x 24 with a tarred roof and it's attached to the house. Glonek stated to convert it would be expensive and difficult to do. 'Graveley stated the drawing shows two feet between the side wall and the property line. Glonek thought that was correct and that's where his fence is situated. Planning & Zoning Commission September 9, 1998 Page ~ 4 Bryson reminded everyone the issue was PZ98~41, which is a variance for a side yard set back. Tom Wagoner, 4040 Primrose Place, Kenai, Alaska. Wagoner stated he looked the issue over fairly well and sees what Glonek wants to do. Wagoner continued, he owns 3-1/2 lots in Thompson Park and the reason is when he first built there that the lots were very minimal sized. Wagoner stated he is not in favor of allowing the variance for conditional use but does sympathize with what Glonek wants to do. Wagoner stated he didn't have a problem with the type of business and the fact that it's run out of the home. However, when this much development is done on a small lot it becomes crowded and cluttered. Wagoner would like to be a good neighbor but the point is he purchased his lot in the City of Kenai because it had planning and zoning which afforded him some protection. Wagoner wanted to go on record as being against the conditional use permit. He added, in fact he's against any conditional use permits in these cases. Wagoner continued, he feels this is something the City needs to revisit and take a look at because it can be abused too much. Bryson noted the item is a variance request and the conditional use permit is covered under another item on the agenda. Wagoner stated his testimony can also go under the other one as well. Cd)ECKE MOVED TO APPRO~ PZ98-41. NORD. MOTION SECONDED BY Goecke reported he looked at the property and thought 20' garage was going to work in the small lot. Goecke stated he will be voting against the item. Graveley stated he would also be voting no on the item and pointed out by looking at 14.20.180 in Variance Permits, Item C(1), conditions and circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands and structures, the same land or use zoning districts. Graveley thought it was too tight in the lot for this. Graveley continued, Item 2, special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a hardship or inconvenience. Graveley stated the applicant would probably be getting himself into a hardship area. Graveley continued, Item 4, the granting of the variance shall be a min_i_mum variance (Graveley indicated this is the one he's going to rely on) that provides reasonable use for land and land structure. Graveley thought this was beyond what he considers a minimum variance. Planning & Zoning Commission September 9, 1998 Page ~ 5 VOTE MAHURIN No WERNER-(}UADE No NORD No GLICK No GRAVELEY GOECKE BRYSON No No No Motion failed unanimously. Recess at 8'24 p.m. Meeting resumed at 8:30 p.m. Kebschull explained the City's appeal procedure required the applicant to provide the appeal in writing to the City Clerk within 30 days of the decision. The City Clerk will then schedule an appeal hearing within 30 days. de PZ98-43 -- An application for a Conditional Use Permit for Cabin Rentals for the property described as Lot 28, Block 1, Angler Acres Part 2, 1425 Angler Drive, Kenai, Alaska. Application submitted by Gary L. Roll, 46-082 Puulena Street #1222, Kaneohe, HI 96744. MAHURIN MOVED TO APPROVE PZ98-43. Kebschull stated there was nothing additional to the information in the packet, however, attention was drawn to the handout given prior to the meeting where the applicant authorized Steve or Donna Riddle to speak on his behalf. Kebschull continued, the applicant is also asking that the application be amended to add guiding to the permit. The applicant provided copies of letters from people in the area who state they have no objection to the amendment and waiving the public hearing notice. Kebschull stated she discussed this with the City Attorney and he recommended that should the Commission decide to amend the permit application, the issue be continued to the next meeting in order to allow for public notice for those individuals who might want to respond. GO~~ MOVED TO APPROVE PZ98-43. MOTION SECONDED BY MAHURiN. Donna Riddle, 1535 Angler Drive, Kenai, Alaska - Riddle stated her property adjoins the applicants and the entire street does guide activities, lodging, and rentals. There will be no inconsistency to the amendment. Riddle reported Gary Rolf is in the Air Force and is stationed in Hawaii. Rolf was getting married one week after he filed and is now on his honeymoon. Riddle continued, Rolf meant to have his application read like all the other conditional permits on the block and Planning & Zoning Commission September 9, 1998 Page ~ 6 that's what the individually signed letters state. Riddle reiterated the application needed to be amended to include both lodging and guide activities. Mahurin asked for clarification that Riddle had permission to speak for the applicant who wishes to amend the original application to include guiding as well as cabin rentals. Bryson confirmed that was correct. Goecke asked for clarification on whether or not the applicant would rent more than one cabin. Riddle confn-med the applicant had only one cabin. Goecke noted for the record the application asked for one cabin rental. Kebschull noted the applicant had mentioned on the application future plans will include three additional cabins. Kebschull explained to Rolf a variance for principle structures would be required and what the process involved. The applicant is aware the application is for one cabin and if in the future he decides to expand, he would have to come back for an additional conditional use for additional structures. MAHURIN MOVED TO AMEND THE PZ98-43 TO READ CONDITIONAL USE PERMIT FOR A CABIN RENTAL AND GUIDING OPERATION AND THIS APPROVAL BE CONTINGENT UPON PROOF OF AN APPROVED SEPTIC SYSTEM~ EITHER DEC APPROVAL OR BY AN ENGINEER. MOTION SECO1TDED BY GRAVELEY. VOTE (Amended Motion} GRAVELEY Yes WERNER-QUADE Yes GOEC~ Yes NORD Yes MAHURIN Yes BRYSON Yes GLICK Absent Motion passed unanimously. Mahurin asked for a point of clarification, since the original application was advertised for cabin rental only the legal staff recommends re- advertising since guiding activities are included. Kebschull confirmed that was correct; the item should be continued to allow for proper public notification. Mahurin asked if it is approved, would the Commission be leaving itself open to some legal action by property owners. Kebschull replied, that is the assumption. Goecke stated since there are enoUgh signatures from the neighborhood property owners, the City didn't have to worry about legal action. Goecke thought the item should be approved. Nord recommended the item be continued to the next meeting since she didn't know what is involved with the guiding service such as number of guides, boats, etc. Planning & Zoning Commission September 9, 1998 Page ~ 7 NORD MOVED TO CONTINUE PZ98-43 TO THE NEXT MEETING FOR THE PIYRPOSE OF RE-ADVERTISING. Motion failed for lack of a Second. Mahurin asked for a brief recess as Councilman Smalley was seeking some parliamentary advice the Commission may want to heed. Kebschull noted the guiding operation will be limited to three boats. Smalley didn't think a motion to continue would go into effect with a motion on the floor and thought the item would have to be tabled. Smalley stated since it appeared the Commission was taking a different route, the concern was no longer there. MAHURIN MOVED TO AMEND THE AMENDED MOTION TO LIMIT THE GUIDING OPERATION TO THREE BOATS AS HAS BEEN DONE WITH OTHER PERMITS IN THE AREA. MOTION SECONDED BY VOTE {Amended to Hmit number of boats to three} WERNER-i~UADE Yes GO~~ Yes NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Absent Motion passed unanimously. VOTE (Main Motion) GOEC~ Yes NORD Yes MAHURIN Yes GRAVELEY Yes WERNER-(~UADE Yes BRYSON No GLICK Absent Motion passed. PZ98-44 -- An application for a Conditional Use Permit for a drywall .business for the property described as Lot 8, Block 6 Thompson Park Subdivision, 4005 Forget-Me-Not Road, Kenai, Alaska. Application submitted by Robert Glonek, P.O. Box 1976, Kenai, Alaska. Kebschull explained the applicant proposed to operate a drywall business from the residence which will involve storing materials and a Planning & Zoning Commission September 9, 1998 Page ~ 8 box van, phone usage, etc. Kebschull thought the applicant may want to comment since the variance for the garage failed. GOECKE MOVED TO APPROVE PZ98-44. GRAVELEY. MOTION SECONDED BY Public Hearing: Tom Wagoner, 4040 Primrose Place, Kenai, Alaska. Wagoner stated he had no problem with anyone conductin§ business from their home but he does have concern with thc conditional use permit stafin§ materials. Wa§§oner wanted a better definition of materials as he didn't want to see a warehouse for sheetrock, sheetrock mud, etc. Additionally he didn't want to see trucks comin§ in and out deliverin§ supplies. Wa§oner reiterated, as far as a man makin§ a livin§ and havin§ his tools and vehicle there he didn't have a problem with it. Peggy Gill-Thompson, 4010 Lupine Drive, Kenai, Alaska. Thompson indicated she was a§ainst any construction business §oin§ into Thompson Park. Thompson stated when she bou§ht her property, which she stru§gled to buy on a poor teacher's salary, she was told the area was residential and the lots alon§ the Spur Hi§hway were business. On that principle she purchased the lots. Thompson continued, years a§o the standard size lot was 70' wide so she purchased the lots adjacent to hers in an effort to protect the property and for sanitary reasons. Thompson stated the old timers in that subdivision really stru§§led to §et it to where it is today. In some ways it has been improved and others it has deteriorated and she would hate to see her property value §o clown. Larry Waltrip, 339 Porcupine Ct., Soldotna, Alaska. Waltrip stated he owned the property next to the applicant and had no objection to a person runnin§ a business out of their home as Ion§ as it's for telephone or bookkeepin§ purposes, etc.; however, equipment supply stora§e is a concern whether it's inside or out. Waltrip added, he was concerned that if the permit is approved that hour restrictions be imposed so that equipment isn't washed down after 5 or 6 p.m. Waltrip added, he was concerned about the stora§e of scaffoldin§ and other types of equipment connected with a drywall business. Waltrip continued, he's concerned that if the property is sold, the conditional use for construction type company be conveyed to the new owner. Waltrip again reminded the Commission of the letter he had included in the meeting packet. Waltrip apologized to the applicant and stated he was sorry they had to go through this procedure. Robert Glonek, 4005 Forget-Me-No Road, Kenai, Alaska. Glonek stated he is the applicant applying for the conditional use permit. Glonek wanted to clarify what equipment he had which needed to be Planning & Zoning Commission September 9, 1998 Page 39 stored. This consists of two sets of sca/folding, a box van, and some hand tools. With regard to materials, Glonek stated boxes of mud are approximately l'x 1' and 20 to 30 of these would be stored at one time. Glonek stated he didn't like to store sheetrock as it's over 100 lbs. each so it's easier for him to pick it up from the store and take it straight to the job. Glonek stated in regard to washing his equipment, he would wash his private vehicles after 5 or 6 p.m. at night and his box van would probably be washed at the same time. Glonek indicated that he didn't foresee any wear and tear on their property. Bryson asked if all of the equipment would be stored in the garage. Glonek replied, that is correct. Bryson asked if there was more than one commercial vehicle. Glonek answered, no, there is only one. Graveley asked if there was an alternate plan since the variance request for the garage was denied. Glonek responded, at this point he did not know. He can go all the way to the house and still maintain the five feet. He can still build the garage but it would be more comfortable if he had a couple more feet. Graveley again asked if Glonek had an alternate plan. Glonek again replied that he did not. He added, he's a very small business and cannot afford to rent commercial property. Bryson asked if Glonek was storing material under the carport. replied that he was. Glonek For clarification, Mahurin asked if it was the intent of the applicant to still try to figure out how to build a garage since the variance was denied. This was to include storing all the material and the vehicle in the garage. Glonek replied, that was correct, even though he lost the five feet, he still has storage. Larry Waltrip, 339 Porcupine, Soldotna, Alaska. Waltrip stated there is a lot of vacant property in town and if Glonek builds a garage for the van which is oversized, and it takes 9' to 10' doors, he's going to have to build a commercial-sized garage on the lot. Waltrip is concerned about the garage being there forever and if it's a commercial looking garage, he's got a commercial operation in a residential area. Wemer-Quade stated she may have a conflict of interest since she and her husband purchased rental property at 120 Fern Street in Thompson Park Subdivision. Bryson asked if there was any fiduciary connection to the Glonek project. Wemer-Quade replied there was not. Bryson announced a conflict of interest does not exist. Mahurin stated this was tough because she personally supports young people opening a business. Mahurin stated she wouldn't have a problem with beginning a business and operating from a home by taking calls and maintaining records. At this point, however, Mahurin states she Planning & Zoning Commission September 9, 1998 Page 20 Se would have to vote no because there are too many unknowns. Mahurin continued, if she knew what the plans were for a garage then she could visualize better how it would impact the neighborhood. VOTE GOECKE No NORD No MAHURIN No GRAVELEY No WERNER-i~UADE Yes BRYSON Yes GLICK Absent 4 No, 2 Yes - Motion failed. Kebschull again explained the appeal process to Robert Glonek. NEW BUSINESS: Lot 2, Block 1, Etolin Subdivision, First Addition -- Discussion and Recommendation to City Council. Kebschull referenced the memo in the meeting packet regarding the property. The Planning and Zoning Commission would need to state the property was needed for public purposes then Council could designate the land for the new public health facility. Kebschull pointed out this is the property that sits behind Country Foods. GOECKE MOVED TO RECOMMEND THAT COUNCIL APPROVE THE ORDINANCE. MOTION SECONDED BY MAHURIN. Mahurin stated that a new public health center is needed and she has supported the State and City's efforts. Mahurin thought the location was appropriate and encouraged the Commission to vote yes on the item. VOTE NORD Yes MAHURIN Yes GRAVELEY Yes WERNER-~UADE Yes GOECKE Yes BRYSON Yes GLICK Absent Motion passed unanimously. be KMC 14.20.145 -- Recreation Zone -- Discussion Kebschull reported, as result of previous discussions on Anglers Acres and the possibility of rezoning the area to a recreation zone, she diacovered inconsistencies with the Land Use Table. Additionally, Planning & Zoning Commission September 9, 1998 Page 2~ recommending a rezone would cause problems because the uses stated in the zone still require conditional uses for those uses typically seen in the area, specifically guiding, bed and breakfasts, hunting lodges, etc. Kebschull continued, was it the intention of the Commission to suggest a zone such as this would not require a conditional use. Kebschull stated, if the Commission did not want to look at the zone for that area, clarification is needed on the inconsistencies between the Land Use Table and the Recreation Zone. Kebschull noted the attachment included in the packet had the questionable areas highlighted. Bryson added, on the highlighted sheet there was a statement concerning residential purposes that should be highlighted as well. This being the second sentence of the first paragraph, Section 14.20.145 (a). Bryson stated his concern is that recreation zones, although there are very few in the city, the areas where it would be appropriate there is a significant proportion of residential properties that are treated as single- family dwellings. Bryson felt to open all uses up to a non-conditional use situation has a potential of overwhelming the residences with little in the way to control them other than the broad brush of the recreation zone. Bryson did not feel that was adequate so would not be in favor of eliminating the conditional use process. Nord stated she felt the same way as there is too much happening in the City for it n°t to be looked at closely. Nord continued, there have been quite a few residents in residential neighborhoods that have some objections to conditional use permits so everything Should remain the Wemer-Quade asked if it was up to the Planning and Zoning Commission to change a zone or is it up to the people living in the area. Bryson replied, there are several ways of changing a zone which include Council can initiate such a zone, Planning and Zoning could request the change, or, and always the most comfortable way, is to have the residents petition for it. Mahurin stated she could never support a zone where conditional use review and application permits. Goecke stated what staff was attempting to do is to set criteria within the existing recreational zone as well as the Land Use Table and try to bring the two together. Goecke continued, at this point in time there is no way to have a recreation zone and know exactly what you were getting, regardless who instituted the application process. Graveley stated the issue will have to be faced and probably have work sessions in the future as there are obviously some conflicts with several of the Title 14 codes and the Land Use Table. This issue is being brought up more and more all the time.. If the issue isn't addressed the last sentence in the memorandum states, if the Commission doesn't want to change permitted uses in the zone, staff will proceed with an Planning & Zoning Commission September 9, 1998 Page 22 ® ® Se amendment to clear the inconsistencies between 14.20.145, the Land Use Table and the Development Requirements Table. Graveley asked if no action is taken then staff will have to handle it. Kebschull clarified the issue was delved into because Bryson asked at one time if the residents in Anglers Acres had considered a rezone. This was during another debate in that area. Kebschull continued, she wasn't sure why the question was asked because when she reviewed the recreation zone the uses requested would not affect them in any way and they would still have the conditional use permit process. After getting into the recreation zone, Kebschull stated she noticed the various inconsistencies. Kebschull stated because these inconsistencies are noticed, an amendment needs to come back for Commission review and to decide whether or not to schedule a public hearing to correct those items. Kebschull agreed the item is being handled piece-meal and perhaps the Commission would like to consider handling them as they come upon them or start at the beginning and schedule work sessions and see if Council is amenable to the Commission going through the code. Graveley stated that since the Commission needed direction from Council and staff in how this is handled, some effort is needed by all members. The issue needs to be ironed out. Graveley stated he has had problems in the past with the wording in Title 14 and recommended work sessions be scheduled to deal with this. After a lengthy discussion it was decided the Commission would go through Title 14 in its entirety and this would be dealt with in work sessions. Kebschull suggested the issue be brought up at the joint work session with Council on September 21. It was noted that a chore this large would take a lot of staff time. OLD BUSINESS: - None CODE ENFORCEMENT ITEMS: Sycamore Circle -- Status Update Bryson pointed out the report was included in the meeting packet. REPORTS City Council Councilman Smalley reported a copy of the agenda from the September 2, 1998 meeting was included in the packet. Planning & Zoning Commission September 9, 1998 Page 23 ® Smalley reported that the Board of Adjustment hearing took place and several individuals gave comment concerning the issue. The discussions varied from the desire to have no development at all to single family units only. Smalley reported the Board of Adjustment will have a decision within 30 days. Items C-1 through 5 were passed. The ARFF Grand Opening ceremony is scheduled for October 23, 1998. Item D-1, Council on Aging. Smalley stated that discussion took place on changing the residency requirement from one year to 30 days. Item D-4, Emily DeForest rendered her resignation which will be effective on December 31, 1998. Item H-6 was approved. Item H-7 was a change order for the steel posts to go into the ground protecting the fire hydrant from being ran into. Item H-8 terminated the lease with SouthCentral Air. SouthCentral Air is in arrears for landing fees and terminal rental fees but they are on a schedule. Item H-9 and 10 was approved. Item H-1 1 was referred to the Airport Commission for further review. A work session is scheduled for September 21 at 7:00 p.m. with the City Council, Historic District Board, and Planning and Zoning Commission. Goecke asked about item H-4 which appropriated $100,000 for an Airport Expansion and Development user Interest Survey. Smalley explained this is for a contract with Jim Carter who will do some research to determine the feasibility of expanding the existing runway or potentially an additional runway that will be designed to take heavier cargo plans. Anchorage will reach its maximum capacity within ten years and there may be some potential for the City of Kenai to handle the overflow. be Borough Planning No report - no meeting held. c. Administration No report. PERSONS PRESENT NOT SCHEDULED: Mark Schrag, 312 Princess, Kenai, Alaska referenced Goecke's statement regarding criteria to follow and it is one of the things that has upset him because it seems that the Commission hasn't followed any criteria. An example is the MAPS area hearing which was a very volatile issue. Two Planning & Zoning Commission September 9, 1998 Page 24 10. 11. Commissioners were absent and the vote should have been delayed and that wasn't followed. Schrag stated to his group that was a slap in the face. Schrag continued, even just tonight with the amended request, the criteria dictates that he reapply to allow for public comment again. Schrag states if that is the criteria then the Commission needs to follow it. Schrag stated he applauds the Commission's effort to try to iron out the problems with the conditional use issue and he hopes public input can be made along the way or else the Commission will not avoid the fire storm. Schrag hoped everyone could work together. Smalley advised Schrag all work sessions are open to the public. The notices are published in the newspapers. Smalley suggested more people get out on these issues. Schrag stated he understood and asked if the public could give input at the work sessions. It was noted it was up the Chairman and most work sessions are informal with no minutes taken. INFORMATION ITEMS: a. KPB Resolution 98-30 COMMISSION COMMENTS AND QUESTIONS: Commissioner Mahurin stated while the work sessions are open to the public and minutes are not kept it's a good time'to sit and observe and then go to a Council meeting or Planning and Zoning meeting where official minutes are kept. Mahurin asked for clarification on the work Sessions coming up. It was noted there is one on September 21 with Council, Planning and Zoning and the Historic District Board. It was also noted Title 14 would also be discussed. Smalley stated there will be work session scheduled on September 30 at the Council Chambers at 7'00 p.m. to discuss capital projects. There will also be one in October after the election to discuss how to replace Board members on commissions and/or committees. Mahurin stated an easy way out of the Title 14 would be to have Council reverse their action to the Land Use Table the Commission recommended in the first place. Mahurin also stated she did have to say the Commission worked so hard on the original draft of the Land Use Table. Mahurin addressed Goecke and stated her Wednesday nights will never be the same since he wouldn't be at the next meeting. Mahurm stated when she is in town she will share her Wednesday evenings with the Planning and Zoning Commission. Planning & Zoning Commission September 9, 1998 Page 25 12. ADJOURNMENT: GRAVELEY MOVED TO ADJOURN. MEETING ADJOURNED AT 9:45 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission September 9, 1998 Page 26 AMENDED AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 23, 1998 - 7:00 p.m. http://www, cl. kenai, ak. us ® CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: September 9, 1998 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: PZ98-40--A resolution amending KMC 14.20.150 - Conditional Use Permits (Continued from 9/9/98) PZ98-45 (PZ88-17)--An application to amend Conditional Use permit PZ88-17 to include guiding for the property described as Lots 4 and 5, Angler Acres Part 3, 1035 & 1045 Angler Drive, Kenai, Alaska. Application submitted by James H. Cowan, 29243 Pacific Coast Highway, Malibu, CA 90265. 5. NEW BUSINESS' · . ~. .... ~..~,~.,_.~ a. Street Name Changes - Discussion regarding changing post-directionals to pre- - ~-~-'-~.'-~/-.~*~ '~'.- directionals, i.e Willow Street North to North Willow Street 3 ' b. Planning & Zoning - Title 14 Revisions 6. OLD BUSINESS: ® CODE ENFORCEMENT: a. 518 Pine - Wee Folks Daycare - Operating without a Home Occupation Permit 8. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Agenda Page 2 September 23, 1998 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. Memo to City Clerk regarding September 21, 1998 Work Session Agenda b. Letter to Karen Mahurin dated September 17, 1998 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION September 23, 1998 - 7:00 p.m. Chairman: Carl GHck *** MiNUTF~ *** 1. CALL TO ORDER: Chairman Carl Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Teresa Wemer-Quade, Barb Nord, Karen Mahurm, Art Graveley Members Absent: Ron Goecke Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper be AEenda Approval Graveley requested the memo handed out prior to the meeting regarding P&Z Title 14 be added under New Business, Item 5.b. MAHURIN MOVED TO APPROVE THE AGENDA AS AMENDED AI~ID ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GRAVELEY. AGENDA WAS APPROVED WITH THE ADDITION. Approval of Minutes: September 9, 1998 NORD MOVED TO APPROVE THE MINUTF~ OF SEPTEMBER 9, 1998. MOTION SECONDED BY MAHURIN. VOTE BRYSON Yes WERNER-(~UADE Yes GOECKE Absent NORD Yes MAHURIN Yes GRAVELEY Yes GLICK Yes MINUTES OF SEPTEMBER 9, 1998 WERE APPRO~D AS WRITTEN. Planning & Zoning Commission September 23, 1998 Page ~ o de Consent Agenda * All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion, There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent A~enda and considered in its normal sequences on the a~enda as part of the General Orders. SCHEDULED PUBLIC COMMENT: - None 3. CONSIDERATION OF PLATS: - None o PUBLIC HEARINGS: PZ98-40 -- A resolution amending KMC 14.20.150 -- Conditional Use Permits (Continued from 9/9/98) GRAVELEY MOVED TO APPROVE PZ98-~. NORD. MOTION SECONDED BY Chairman Glick opened the Public Hearing and asked that testimony be limited to three minutes unless it is a prepared written statement. Those given testimony were asked to state their name and address for the record and sign the sheet provided on the podium. Verbatim Begins Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska. I never have to turn a mic up to me. Um.. Am I supposed to sign in here as well? Glick: Please. Sonberg: Okay. Let's see, and today's date, that's not in that. Okay, my name is Debbie Sonberg and I reside at 410 Cinderella Street here in Kenai and ah... I would like to see this particular portion postponed and handled in total with the ah... Mr. Graveley's suggestion for the new business item because I think the whole thing needs to be considered as a complete package. Last week, someone mentioned that the wording for the.., this particular change came from Seward's wording in their zoning code and.I have a copy of Seward's zoning code. I hope that all of you have looked into that and maybe reviewed what Seward has in their zoning code. Ah.. particularly their land use table is significantly d/fferent that ours. I think maybe it started out being significantly similar prior to the changes made about a year ago but they have a lot of blanks on their land use table and their blanks say specifically, on their Planning & Zoning Commission September 23, 1998 Page 2 land use table, that they are intended to be interpreted as not approved. Seward's wording for this particular code item is more flexible than the one we have right now but their land use table is much stricter than ours, much more rigid in what could be allowed and what couldn't be allowed and of all of the public hearings that I've sat in on and read about for conditional uses that this Commission has considered over the past few months, not one of them would have been considered appropriate to even apply for a conditional use permit in Seward. So I think taking Seward's wording and applying it to our land use table isn't really an appropriate measure either and, again, I'd like to strongly suggest that this item um.. be tabled and dealt with along with the zoning code as a whole because I think that's the way it needs to be handled. Thank you. Glick: Okay. Thank you. this item? Anyone else in the public wishing to speak to Mark Schrag, 312 Princess, Kenai, Alaska. Ah... my name is Mark Schrag at 312 Princess and I just support what Debbie said too and didn't like it, it shouldn't be... we're talking about rev.., reviewing some of this.., visiting some of these things.., that now isn't the time to go ahead and.. and open it up wider for this, so... that's all, I just.., yeah, I hope you would table it or... or defeat it. Glick: Okay, thank you. Anyone else in the public wishing to speak to this item? (Sonberg requested to speak again from the audience, Glick gave permission) Sonberg: For the record it's Debbie Sonberg again. I also have a copy of the Palmer's zoning code and Petersburg zoning code and these same issues that have come up here the past few months would also not have been allowed in their cities either. So I think our city is definitely taking a trend this past year that you don't fred in the other cities and Petersburg, in the last seven years, has only had one appeal to the Council, over the Commission's head, so to say. It was approved by the Council, you know, the appeal was approved and upheld. They've got an air-tight system and I think it would be good to look at some of these other city systems finding out what's working and what's not working and try to apply some of those here as well. Glick: Okay. Is there anyone else in the public wishing to speak to this item? Seeing none, bring it back to the Commission. Verbatim Ends Planning & Zoning Commission September 23, 1998 Page 3 Mahurin expressed concern with the proposed amendment, particularly under D. 2, under review criteria for the language still says the value of the adjoining property. Mahurin continued, it concerns her that a conditional use permit be viewed only as having an impact on the adjoining property where, in her opinion, it could have a significant impact on an entire neighborhood. Mahurin thought Sonberg brought up some good points and reported that she talked with Sonberg since at the last Planning and Zoning meeting. Mahurin stated since the Commission is intending to review the entire Title 14 it would be her recommendation that maybe it's time to take issue and look at other cities. Mahurin also stated that she appreciates the time that staff puts into giving the information they compile but maybe it is time that other cities' zoning codes be gathered and reviewed, particularly on the controversial conditional use permits. Mahurin indicated she would be voting "no" on the item. Bryson asked if there would be any significant difference if the term "adjoining property~ were expanded to include the neighborhood? This would be similar to the value of the property in the neighborhood is not significantly impaired. BRYSON MOVED TO AMEND THE MAIN MOTION, ITEM 14.20.150, D-2 TO READ "THE VALUE OF THE ADJOINING PROPERTY AND NEIGHBORHOOD WOULD NOT BE SIGNIFICANTLY IMPAIRED AND THE PROPOSED USE IS IN HARMO~ WITH THE COMPREHENSIVE PLAN." MOTION SECONDED BY NORD. Mahurin stated she didn't remember the discussion held last meeting regarding the development, extraction of natural resources and surface extraction. Mahurin indicated she didn't see anything about that in the proposed amendment. Mahurm asked if it was moved or something. Kebschull stated the City Attorney did that because it's covered under its own section of the code under 151, so it's in the next section of the conditional uses. Mahurin asked if the language under 151 remain the same. Kebschull replied, a recommendation for modification is not being made to 151. 'VOTE (A~m__endment) WERNER-(~UADE No GOECKE Absent NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Yes Motion passes. Wemer-Quade referenced the current code, 14.20.150, under 1, ii., "Such uses must be in harmony with the intent of the zone." Wemer- Planning & Zoning Commission September 23, 1998 Page 4 Quade indicated she brought the issue up at the last meeting in relationship to D-2., second line, "proposed use is in harmony with the Comprehensive Plan,~ Wemer-Quade would like the second sentence of D-2 of the proposed amendment to read, "proposed use is in harmony with the Comprehensive Plan and with the intent of the zone." Wemer- Quade stated this would bring both issues together. WERNER-i~UADE MOVED TO AMEND THE MOTION TO CHANGE THE SECOND SENTENCE OF ITEM D-2, TO READ "PROPOSED USE IS IN HARMO~ WITH THE COMPREHENSIVE PLAN AND WITH THE INTENT OF THE ZONE." NORD SECONDED FOR PURPOSE OF DISCUSSION. Wemer-Quade her main reason for recommending the change was to somehow bring harmony to the intent of the zone. Bryson stated he felt quite often the Comprehensive Plan does not agree with a given zone and the best example would be the Anglers Acres area where conditional uses are presumed to be appropriate since they've been approved. It's not specifically the intent of the zone to provide that and those situations would meet the test. Mahurin asked if it would be acceptable under D-1, which states, "the use is consistent with the purpose of this chapter .... ' Mahurm thought the last part of the paragraph could be changed to read, "...and the purposes and intent of the zoning district." Wemer-Quade agreed that would be better and stated she would hate to lose the intent of the zone and moving the comment up under D-1 would solve the dilemma. Glick confirmed the amendment proposed by Wemer-Quade and noted D-1 would say "the use is consistent with the purpose of this chapter and the purpose of and intent of the zoning district." This takes the place of Wemer-Quade's first amendment. Bryson asked staff if this would essentially read the same as the Administration's intent. Kebschull thought the terms "purpose and intent" could be interchanged, and therefore didn't think it would modify the attorney's suggestion. VOTE (Amendment) NORD Yes MAHURIN Yes GRA~LEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Absent GLICK Yes Motion passed unanimously. Planning & Zoning Commission September 23, 1998 Page 5 MAHURIN MOVED TO POSTPONE PZ98-40 FOR T~ CERTAIN WHICH MEANS WHEN IT IS BACK BEFORE THE COMMISSION AS PART OF THE RE-WRITE OF TITLE 14. SECONDED BY GRAVELEY. VOTE MAHURIN Yes GRAVELEY Yes BRYSON No WERNER-i~UADE No GOECKE Absent NORD No GLICK No Two Yes, 4 No, Motion failed. Bryson stated he felt addressing a section of Chapter 14, such as Conditional Use Permits could be done in several months and thought addressing the entire Title 14 would take in excess of a year. He added, there are sufficient items in the conditional use section needing correction and they should be corrected as soon as reasonably possible. Bryson indicated that was why he opposed the postponement. Wemer-Quade concurred with Bryson's comments and stated that was why she voted the way she did. Wemer-Quade continued, she believed the volume of conditional use permits that come before the Commission warrant the definition to be updated and accepted as quickly as possible. Glick stated he wasn't present for the last meeting and didn't hear all the public comment. He did, however, read the minutes very carefully. Glick pointed out he read the proposed amendment very carefully as well and compared it to the current one. Glick continued, in his opinion it hasn't been made easier to get a conditional use permit, however, the process of obtaining a conditional use permit has been clarified and brought in line with what was done in the past in the land use table. Mahurin stated she had supported the amendments made at this meeting in the event it passed. Mahurin continued, she learned during her tenure in Planning and Zoning that as one small thing is changed, there is an impact somewhere else. She added, it made logical sense to her to hold off on the item since it was agreed that the entire Title would be looked at rather than having to amend something again. Mahurin added, she thought the whole thing needed to be reviewed so that when things are rewritten they are not piece-mealing. This item is being done because of the Land Use Table. Mahurin stated she would like the Commission to be more professional and together and look at the whole thing and not have to mix apples and oranges. Mahurin indicated she would vote "no." Planning & Zoning Commission September 23, 1998 Page 6 be~ Graveley stated he voted "yes" on the postponement but would vote "yes" for the amendment because he felt it was needed. However, this should not cloud or discourage the necessary changes needed in Title 14. Glick recommended that the public really get revolved when the work sessions are held with Council on Title 14 and not wait until the Commission is ready to pass the recommended changes. Glick encouraged the public to attend the work sessions and give input at that time. Nord stated she voted to postpone this item at the last meeting as she thought more public input was needed. Nord pointed out the issue was re-advertised and less people are in attendance at this meeting. Nord agreed the proposed changes are needed due to the problems encountered in the past. Nord added, she would vote "yes" on the amendment. VOTE (Main Motion} GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GO~~ Absent NORD Yes MAHURIN No GLICK Yes Motion' passed. PZ98-45 (PZ88-17) -- An application to amend Conditional Use Permit PZ88-17 to include guidinE for the property described at Lots 4 and 5, Angler Acres Part 3, 1035/k 1045 AnEler Drive, Kenai, Alaska. Application submitted by James H. Cowan, 29243 Pacific Coast Highway, Malibu, CA 90265. NORD MOVED TO APPROVE PZ98-45. WERNER-qUADE. MOTION SECONDED BY Jl_~ Richardson, 1015 Angler Drive, Kenai, Alaska. Richardson reported he was the property owner two doors down from the CUP applicant. Richardson stated he also requested the city review the issue in his August 5 letter. Richard explained, the reason he requested the City review the matter to accomplish two purposes. The first, because the operation of the Beaver Creek Lod§e had not been operatin§ in a manner which was consistent with the conditional use permit ~ranted in November 1988. Richardson continued, as of thc summer of 1989 he observed that ~uidin§ was a central component of the operation of the facility and particularly ~iven the Commission review of the proposed new application. He added, he felt it important for the Commission to understand what operations were actually occurrin§ at the Beaver Creek Lod§e. Planning & Zoning Commission September 23, 1998 Page 7 Richardson stated he reviewed the staff recommendations on the issue and was dismayed with two components of it. One was the recommendation that guiding be allowed and a limit be set at six. He and others in the neighborhood don't have a problem with reasonable levels of commercial activity but they are looking for some sort of balance and this level of activity represents that sort of balance. Richardson pointed out that during the peak of the season, guides take out two sets of anglers. If there are six guides operating out of the property then there would be a potential of people going out with five anglers, twice a day which totals 70 people plus the activities associated with the people staying at Beaver Creek Lodge. Richardson felt that was too much and pointed out that he could live with a maximum of three guides and asked the Commission not agree with the staff recommendation of six guides. Richardson continued, the second component of his concem was the statement of staff that the water quality issues were the purview of the DEC, therefore, they would just acknowledge that it was their problem. Richardson pointed out he noted in his letter that DEC is basically an organization that has been gutted and they are not doing that type of work anymore and will not be in the future. Richardson continued, if local governments don't deal with these issues where there are known problems then nobody else would. Richardson stated he was not representing himself as an expert on water and sewer but he did a search with DEC and cited the authorizations that commercial activities are required to have engineered systems that are registered with DEC whether they be septic field system or a holding tank system. Richardson reported the operator and property owner do not have that registration so are in violation of DEC standards. Richardson requested in his letter that if the amendment is approved, the operator be required to meet DEC requirements. Richardson pointed out this is consistent with an action the Commission took in 1995 in a similar proposed amendment from the owner of the Beaver Creek Lodge. It was approved by the Commission but their proposed amendment was voted down so it didn't become effective and they didn't ever change their operation from Richardson's standpoint. Richardson continued (referring to Bryson's comments and discussions in the August 12 meeting) it was stated by one or two Commissioners the Angler Drive area should be considered for recreation zoning. Richardson stated, he thought the area, because of the narrow width of 'the lots and the fact that they are very low lying and have poor drainage, would be extremely difficult to allow high-level recreation development in that area. Richardson continued, looking at the requirements for set- asides and setbacks for DEC uses and the level of DEC standards, it Planning & Zoning Commission September 23, !998 Page 8 requires setbacks of 150 to 200 feet and with a 100 foot lot it would not be possible. Without water and sewer service to that area, it cannot comply with the requirements. Richardson reiterated he didn't have a problem with a reasonable level of commercial activity in the area but he asked the Commission strive for a balance on the issue. Richardson thanked the Commission for the opportunity to comment. Clinton Coligan, 1025 Angler Drive, Kenai, Alaska. Coligan introduced himself as the operator and resident at the address Richardson questioned. Coligan reported he has been conducting business there since 1986 and the operation hasn't changed other than being down-scaled today from what it was several years ago. Coligan stated he thought Richardson 's comment regarding six boats was ludicrous as he had stated at the August meeting, he has only four boats, of which two are power boats that go in the Kenai River. The other two boats are drift boats that don't stay on the property. Coligan continued, Richardson made the comment they guide about 70 people per day when in reahty the average number is actually five people per day leaving Beaver Creek Lodge in one power boat. Coligan again stated he has two registered, legally licensed power boat guides on payroll. One of these guides made a total of $4,000 and the other made $2,000 this year. Coligan added, his is being run identically today as it was 15 years ago when the property was purchased as an existing lodge. The system works very well. Coligan referenced Richardson's comments regarding the lot sizes and the distances of 100 feet and reported he owns property that stretches for two to three acres and entails and covers much, much, much more than 100 feet. Coligan stated his reason for being at the meeting was to defend having a legal guide at Beaver Creek Lodge. Coligan continued, he is there and has been there since 1986. Coligan reported he operated without any violations and feels they conduct a very good business. Glick asked Coligan if he would have a problem if the number of guides were limited to three. Coligan replied, he'd have absolutely no problem since he has always operated only three guide boats. Public hearing closed. MAItlIRIN MOVED TO AMEND PZ98-45 BY ADDING THAT THERE BE A LIMIT OF THREE GUIDES AND THAT THE OWNER PROVIDE PROOF OF MEETING DEC REQUIREMENTS. MOTION SECONDED BY WERNER-QUADE. Planning & Zoning Commission September 23, 1998 Page 9 Mahurm stated a precedence has been set by passing conditional use permits that do limit the number of guides. Mahurin continued, under the language of conditional use permits the issues of health and safety to the public are discussed. Although Mahurin realizes that Planning and Zoning has no authority over septic tanks, etc., in that area, however, the Commission has a concern and all that is being asked is for proof the owner is meeting the requirements of the law in regards to DEC regulations. Mahurin encouraged the Commission to support the amendment. Wemer-Quade stated in addition to Mahurin's comments it appeared that on the 1995 conditional use permit application, the Commission had actually required the owner to show that the waste water systems did conform to DEC. Wemer-Quade asked if that was ever submitted. Kebschull pointed out that the 1995 permit was not approved. Kebschull continued, the owner asked to modify the lodge to increase the size of the building and it was denied. Had it been approved, however, it would have been a requirement. Graveley asked for clahfication on the number of guides and asked if it was for three guides for two docks. Mahurin replied, they are limiting the number of guides to three for two docks. Bryson asked if the intent of the motion regarding DEC was to require the owner to provide proof of approval by DEC. Mahurin answered, yes. I3ryson stated there are situations where DEC approves waivers for given situations which are commonly different for the bare criteria for specific distances and felt it's reasonable to require a system that's approved by DEC but not necessarily the specific criteria. Bryson continued, for example, DEC may require 150 feet from a Class C well clearance but an engineer may make the argument that 128 feet provides adequate protection from the water supply and protects the ground water. They then get a waiver approval based on that information. Mahurin pointed out her motion strictly states that the owner would provide proof of an approved DEC system. If there is a waiver, it would mean it had been before DEC for approval. The intent was not to change the criteria for DEC but was to have the owner provide proof that DEC approved the system. Nord stated there were two issues in the amendment which called for the limit on the number of guides and the DEC approval. Nord stated because of how the amendment is worded she would vote against the amendment. Nord continued, if the issue was split she would be more inclined to vote yes on one and no on the other. Planning & Zoning Commission September 23, 1998 Page ~ 0 Mahurin stated she was willing split the items with the approval of the second. Wemer-Quade approved splitting the items in the motion. Glick clarified there were two amendments then, one to limit the number of guides, the other showing proof of DEC approval. VOTE {Limit of Guide Boats} GRAVELEY Yes BRYSON Yes WERNER-QUADE Yes GOECKE Absent NORD Yes MAHURIN Yes GLICK Yes Motion passed unanimously. VOTE (Proof of DEC approval) BRYSON No WERNER-i~UADE Yes GO~~ Absent NORD No MAHURIN Yes GRAVELEY No GLICK No 2 Yes Votes, 4 No, Motion failed. Mahurin stated she was disappointed in the .Commission's vote and felt it necessary to make that statement prior to voting on the main motion. Mahurm continued, so much time has been spent on conditional use permits and Anglers Drive, hearing first hand from property owners who have tides that flood their septics. Ail the motion was asking for was proof of an approved system. Mahurin referenced Conditional Use Permits, which states, "the proposed use will not be harmful to the public safety, health, or welfare." Mahurin continued, she would vote against the main motion. VOTE (Main Motion) WERNER-i~UADE Yes GOECKE Absent NORD Yes MAHURIN No GRAVELEY Yes BRYSON Yes GLICK Yes Motion passed. Se NEW BUSINESS: Street Name Changes -- Discussion regarding chanEing post- directional to pre-directionals~ i.e, Willow Street North to North Willow Street. Planning & Zoning Commission September 23, 1998 Page ~ ~ be Kebschull reported when the Borough sent a request to the City to review street names to identify duplicates, etc., for the Enhanced 911 System they suggested that suffixes, prefixes, etc., be changed at the same time. The Commission passed the street names, which were South Willow Street, North Willow Street, etc. Sometime between the time they were approved and when it went to Council, it was changed. This was an error but Council passed an ordinance with the directionals as suffixes. The Post Office has stated that people are not going to say "Willow Street South," regardless of what the street sign says or what the legal ordinance says and would continue to refer to the streets by their prefixes. Kebschull continued, staff believed it was a good time to fix the problem adding, this would not require any address changes. However, it would require a public hearing and a resolution at the Planning and Zoning stage and a public hearing at Council. Kebschull noted the cost would be minimal as the City produces their own street signs. Staff is aware of about 12 streets at this time and if it is decided to pursue this, each street will be checked to make sure there aren't any other ones that are affected. The Commission agreed to go ahead with a public hearing. Kebschull will schedule it and noted that it probably won't be until the second meeting in October. This will allow staff the time to review all the streets. 'l'ifle 14 Graveley pointed out a memo was provided to the Commissioners regarding Title 14 and the need for changes. Graveley also pointed out the purpose was not to rewrite Title 14 but to bring it into compliance. Graveley continued, there are a lot of subtle items within Title 14 that need to be addressed and possibly changed. Graveley stated the only way he can see accomplishing the task is with work sessions. He urged Commissioners to review the list he compiled and compare it to the Code and some of the issues will be apparent. Graveley thanked Kebschull for her help and gave her credit for the amount of work she has given him. Smalley reiterated Council would be in support of joint work sessions but they would not be held until after elections in October. Smalley thought the work sessions would start sometime between October, November, December or before the New Year. OLD BUSINF_~S: - None 7. CODE ENFORCEMENT ITEMS: Planning & Zoning Commission September 23, 1998 Page ~ 2 518 Pine -- Wee Folks Daycare -- Operating without a Home Occupation Permit. Kebschu11 reported the City had not heard anything from the operator and the City Attorney sent a notice she had seven days to either apply for a Home Occupation Permit or a Conditional Use Permit. If no response is received then the City Attorney will file the appropriate papers with the court to have her cease operation and/or be freed. o REPORTS City Council Councilman Smalley reported a meeting was held on September 16, 1998 and a copy of the agenda was included in the meeting packet. Items C-1 through C-6 were passed with unanimous consent. The one item that bought some discussion was item C-2, the ordinance to appropriate $100,000 for the study for expansion and development of the airport. Smalley reported the actual contract was not dealt with that 'night as the individual the City will be working with was ill and he asked the matter be postponed. There were also some additional modifications to the contract. Smalley reiterated this is FAA money and can only be used for airport needs. Items 7 and 8 were passed unanimously. Item H-3, the change to Vintage Pointe residency requirement was tabled to the next meeting. Discussion is taking place changing the year residency requirement to 30 days. Smalley reported there is ongoing discussion within the City to bring another retail outlet into town; specifically Sears. The old Kenai Mall is being remodeled to house State offices. Smalley reported there will still be a large portion of the building left vacant. Smalley stated that he appreciated the Commission attending the work session on September 21, 1998. Some good direction was given with regard to the Historic District Board. On behalf of the City Council, Smalley thanked Mahurin for her diligence. Smalley added, they didn't always agree on issues but they did agree to disagree. In any event, Mahurin was a frae addition to the Planning and Zoning Commission and will be missed. Smalley wished Mahurin well. Planning & Zoning Commission September 23, 1998 Page 33 be Ce Borough Plannin~ 13ryson reported a meeting was held on September 14, 1998. The consent agenda was approved as submitted. Under public hearing items there was a petition to vacate a portion of a seismograph trail in the plat that was originally filed by the Ninilchik Native Association on the large tracts. The original plat was a paper plat and was not surveyed. The argument at the time by that Association's surveyor was the plat met the requirements of the State law providing rights of way and these were provided by seismograph trails that were dedicated. By the nature of seismograph trails they come through at angles and they're not aligned northerly and easterly. The applicant was petitioning to eliminate a seismograph trail that goes through one of the lots and realigns it around a nominally square tract. This situation would occur on many of those tracts. There were numerous individuals who protested the petition and as a result, the item was postponed to the Borough's second October meeting pending discussion between interested groups. The second item was a petition to vacate a portion of a public fight of way in Bayview Gardens. This was approved. There were several options available. Item 3 was a petition to vacate public recreational use. 13ryson explained, this was a requirement on the face of the plat and it was felt it had to be eliminated. This is the site of the new hospital improvements that are going in Homer. This was passed unanimously. Item 4 was a petition to reclassify 23.3 acres of land along the west side of Kalifomsky Beach Road. This is the Old Village and includes the old cemetery and it is proposed to be transferred to the Native Association. They've indicated that it will be managed in an appropriate way for the property. Item 5 would delegate to the City of Seldovia the power to provide zoning regulations and was recommended to be approved. The remaining items were approved and consisted of minor building setbacks. There were 25 plats to come before the Plat Committee, however due to the magnitude of the review, they were moved to another day. Administration Kebschull apologized the Borough report was not copied accurately and asked members to give her a call should they want a complete copy. Planning & Zoning Commission ¥~:~tember 23, 1998 Page ~ z~ ® PERSONS PRESENT NOT SCHEDULED: Mark Schrag, 312 Princess, Kenai, Alaska stated he didn't understand what changed with the passage of the conditional use permit code and wanted to know how that would tighten things up. Schrag demanded examples be given as he wanted to know how it would affect those items that were changed recently. Schrag pointed out there was a legal opinion by a lawyer that said it was a bad way to go and that it was going to make it easier. Glick responded the amendment would not make it easier to get a conditional use permit, but would simply make it easier to understand and bring it more in compliance with what was done in the Land Use Table because of the conflicts there. Kebschull added staff's concerns were those that were voiced about the inconsistency with regard to principal uses and that would not allow conditional uses in those zones. Thi~ was not the intent of the Land Use Table so staff wanted clarification. Additionally, staff wanted it to be more specific as to the requirements for an application such as Item 2, "verification by the owner of property concerned ff other than applicant." Kebschull stated the City had just been doing that, however it was not required in the code. Anyone could come in and apply for a conditional use permit even if they weren't the owner of the property. The amendment allows the individual to be the owner or provide proof. Kebschull reiterated, neither the application process nor the review is any easier. It just clears things up. Schrag stated that was a different interpretation because to him a barrier was taken away. Schrag also stated that was the crux of the whole problem. He continued, the reason there was so much dissent or disagreement was because the two plans, the intent of the zone and the Comprehensive Plan, aren't close enough together. Schrag wanted to know which one would take precedence. Schrag added, he didn't understand the DEC vote as they were just asking the applicant to do compliance to something that is already out there. Schrag continued, it seemed pretty simple to him since it wasn't asking for anything new; just asking for compliance for what is there. Schrag added, the Commission says come to us with your input and the reason people eventually don't come with input is because the Commission has to listen at some point. Schrag stated his neighborhood came to the Commission with 90% and they weren't listened to and it gets discouraging. Schrag reiterated that they had 30 people there and the Commission blew them off and that's why they are discouraged. 10. INFORMATION ITEMS: be Memo to City Clerk regarding September 21, 1998 Work Session Agenda. Letter to Karen Mahurin dated September 17, 19~8. · Planning & Zoning Commission September 23, 1998 Page ~ 5 11. COMMISSION COMMENTS AND (~UESTIONS: Commissioner Werner-Quade stated Mahurin will be sorely missed as she was one who has had considerable input to the Commission and often her comments were so needed and necessary. ~Verner-Quade stated that Mr. Coligan needed to amend his CUP in order to come into compliance as he had been guiding without the Commission's permission and the limit of three guides is appropriate. She added, that's why she voted to amended the CUP. Wemer-Quade continued, she is saddened that fellow Commissioners do not believe that environmental concerns in the immediate area do not warrant a more in-depth search. When the Commission, as a body, turn a blind eye to the possible and probable pollution of one their freest resources, it was her opinion the Commission appeared draconian and in serious error. Commissioner Graveley asked Councilman Smalley how firm Council was on the reformatting of the Code. Smalley replied, the process begins with Planning and Zoning but didn't think that Council would be in objection. Smalley continued, as the City grows they fred there are other areas of the Code where there are either conflicts or it's outdated. Graveley stated he wasn't concerned with the content of the code but how it is formatted or its layout. Smalley reiterated there shouldn't be any objection to looking at a reformatting. Graveley stated he understood this is already being done. Smalley thought that it is being done by staff. Kebschull responded Council appropriated funds to have the Code revised and reformatted by an outside company. Kebschull added, the work is currently being done and what Graveley is questioning is whether a new format for the code has been chosen and whether or not it's been reviewed by Council. Smalley said it hadn't been reviewed it was just brought to Council's attention by the City Attorney that the process is beginning. Smalley reiterated there won't be any changes just a reformatting. Kebschull noted the new format would be a two column layout. Graveley asked that Council grant the Planning and Zoning Commission the opportunity to review and/or comment on the new format and/or other formats before approval is made. Graveley noted that he didn't care for the new format as it's not a whole lot different from the current code and isn't conducive to the business. Smalley stated, again council would rely on the administrative input they receive in making that decision. Smalley would make that request to Council. Commissioner Nord referenced the amendment to the conditional use permit that came before the Commission. She added, it was her understanding this amendment was strictly to allow for a guiding business and had nothing to do with DEC. That is why she voted against the DEC item. The other reason was, being a Realtor, she was aware of some of the requirements of DEC and the two-acre lot was at least 200 feet wide and 400 feet deep and there certainly Planning & Zoning Commission September 23, 1998 Page ~ 6 was a way that this gentlemen could get his separation distance. Additionally, as Bryson pointed out, even if he could not, DEC could make a determination and provide a waiver for the situation. Nord continued, the Commission had just heard testimony that it may not be in compliance with DEC but that does not mean that they would not meet the requirements of DEC. Nord added, the Commission is not a policing body and cannot tell somebody they must be in compliance with another body and that was another reason she voted against the DEC requirement. Nord encouraged City Council to schedule the work session on Title 14 as soon as possible. Commissioner Bryson explained, the action taken on the conditional use permits effectively makes recommendation to Council. There will be hearings at the Council level before it's adopted. Bryson encouraged those who feel strongly about it to attend the meeting. Commissioner Mahurin stated she leaves with sadness as she enjoyed her time with Planning and Zoning. Mahurin thanked everyone for the time they give and even though it can be a thankless job and a lot of time is spent soul- searching and researching and the Commission does a tremendous amount of work, she just wanted everyone to know she appreciates the job. Mahurin continued, on a personal level the Commission has indulged her and her sense of humor and put up with her and she appreciates that too as she looks at everyone as friends and as Smalley said, they don't always agree but agree to disagree. Mahurin expressed her appreciation to Kebschull and Roper. Kebschull has been a tremendous help. Mahurin stated she hated to lose Roper but she understood she's going to greener pastures. Mahurin hoped the public would continue their input as it is easy to get disenchanted with what is perceived as government. However, Mahurin stated she believes in the process and it works and she encouraged the public to keep following by making sure there are people put into place that would also follow the process. Mahurin encouraged the public to keep coming to the public hearings and noted she will too as she is a property owner and resident in Kenai. Chairman Glick stated the Commission will miss Mahurin as she brought up a lot of good issues that personally made him think a lot of times about what was going on and sometimes he changed his mind. Commissioner Bryson asked Roper if this was going to be her last meeting. Roper replied that it was. Bryson thanked Roper for the work noting it was appreciated. Glick also stated that the Commission appreciated the work. Planning & Zoning Commission September 23, 1998 Page 17 Council_m_an Smalley, on behalf of the City Council, thanked Roper for the services and the efforts. 12. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:20 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning'Commission September 23, 1998 Page ~ 8 HISTORIC DISTRICT BOARD September 21, 1998 - 7:00 p.m. *** AGENDA*** Kenai City Hall Chair Dorothy Gray Note: Meeting will commence immediately following work session. 1. ROLL CALL' 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES' June 15, 1998 July 20, 1998 (Information Only) 4. PERSONS PRESENT SCHEDULED TO BE HEARD' 5. HISTORIC BOARD REVIEW: 6. NEW BUSINESS' 7. OLD BUSINESS: So REPORTS: a. City Council b. Administration 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: ~ 0. BOARD QUESTIONS AND COMMENTS: INFORMATION...: a. Letter from Kathy Tart, KVCB dated 8/10/98 and response b. "The Alliance Review"- Spring/Summer 1998 c. "Preservation Advocate News" - August 1998 & Special Addition d. The Alaska Association for Historic Preservation newsletter- July 1998 ~ 2. ADJOURNMENT' HISTORIC DISTRICT BOARD September 21, 1998- 7:00 p.m. Kenai City Hall Council Chambers Chair Dorothy Gray *** MIl/UTES *** 1. CALL TO ORDER AND ROLL CALL Chairperson Gray called the meeting to order at approximately 9'05 p.m. Members Present' Dorothy Gray, Cecelia Richard, Bill Kluge, Ethel Clausen Members Absent: Gloria Wik Also Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA . The agenda was approved as presented. e APPROVE OF MINUTES: June 15, 1998 July 20, 1998 {Information Only} The minutes of June 15, 1998 were approved as written. 20, 1998 minutes were included for information only. It was noted the July ® PERSONS PRESENT SCHEDULED TO BE HEARD - None HISTORIC BOARD REVIEW - None 6. NEW BUSINESS - None 7. OLD BUSINESS- None 8. REPORTS City Council Administration Gray pointed out the reports were included in the packet. ® PERSONS PRESENT NOT SCHEDULED TO BE H_EARi): Michael Huhndorf expressed his desire to see the Historic District Board continue to be assertive with regards to Old Town. Additionally, Huhndorf Historic District Board July 20, 1998 Page ~ 10. 11. 12. wanted the Board to continue to play an active role in the Old Town Walking Tour, especially now that Council has expressed their satisfaction with the tour. BOARD (~UF~TIONS AND COMMENTS Gray thanked the members for attending the work session and felt the Board had Council support. Gray requested the items discussed in the work session be included in the next meeting agenda. It was noted the next meeting is scheduled for October 19, 1998 which is a holiday. Kebschull will prepare a memo to Council requesting the date be changed to October 26. Gray asked that information regarding emergency response by the Fire Department to Old Town be included in the next meeting packet. Kebschull brought attention to the memo regarding the Gold Rush sign project for the Central Region. After a brief discussion it was noted the October 5 deadline for information didn't provide enough time for participation. Gray will contact Rolfe Buzzell to see if an extension could be given. The Board is interested in participating in the project and providing information. INFORMATION Letter from Kathy Tarr, KVCB dated 8/10/98 and response. "The A!!!ance Review" -- Spring/Summer 1998 UPreservation Advocate news" - August 1998/h Special Addition The Alaska Association for Historic Preservation Newsletter -July 1998 ADJOURNMENT The meeting adjourned at 9:25 p.m. Respectfully submitted, Barbara Roper, Contract Secretary Historic District Board July 20, 1998 Page 2 CITY OF KENAI ,, ~~ ~ ,~ ,~~" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-~83-7535 FAX 907-283-3014 ~ MEMO: TO: FROM' DATE: SUBJECT: Richard A. Ross, City Manager Marilyn Kebschull, Planning & Zoning Administration September 22, 1998 HISTORIC DISTRICT BOARD'S OCTOBER MEETING The Historic District Board's October meeting is scheduled for October 19th which is a holiday. The Board would like to reschedule this meeting for October 26, 1998. Please convey this request to Council. ITEM A: o 2. 3. 4. AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 16, 199 8 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us / CALL TO ORDER Pledge of Allegiance Roll Call Agenda Approval Consent Agenda *Ail 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. -/ ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: o . , , . , PUBLIC HEARINGS Ordinance No. 1793-98 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for Public Library Assistance Grant. Ordinance No. 1794-98 -- Appropriating $100,000 for an Airport Expansion and Development User Interest Survey. Ordinance No. 1795-98 -- Increasing Estimated Revenues and Appropriations by a Net Amount of $96 in Two Senior Citizen Funds. Resolution No. 98-62 -- Adopting an Alternative Allocation Method for the FY99 Shared Fisheries Business Tax Program and Certifying that This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. Resolution No. 98-63 -- Setting the Public Hearing Date on the Proposed Crow Court Paving District. Resolution No. 98-64 -- Listing the City's Alaska Department of Administration FY 2000 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. o , , Resolution No. 98-65 -- Encouragin§ the Use of the Port of Homer as the Port of Call for the M/V Kennicott Durin§ 1999 and Subsequent Years. Resolution No. 98-66 -- Declaring Certain Equipment, Supplies, and Materials Surplus or Obsolete. *1998/99 Liquor License Renewal -- New Peking Restaurant -- Restaurant/Eating Place. ITEM D: . 2. 3. 4. 5. 6. 7. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E: o MINUTES *Regular Meeting of September 2, 1998. ITEM F: CORRESPONDENCE ITEM G: , ITEM H: o , , , OLD BUSINESS Approval -- James Carter Professional Services Contract NEW BUSINGS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1796-98-- Finding That Certain City-Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, is Required for a Public Purpose. Discussion -- Vintage Pointe Residence Requirement Change. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 16, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7' p.m. in the Council Chambers in the Kenai City Hall Building. A- 1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Measles and Bannock. Present were: Smalley, Williams, Swarner, Moore, Absent was: Bookey. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD TO: Item C-2, Ordinance No. 1794-98 -- R. Lamboum letter In regard to the expenditure for a user survey. MOTION: Councilman Smalley MOVED for approval of the amended agenda and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. CONSENT AGENDA Mayor Williams reported he had no changes to the consent agenda. MOTION' Councilman Smalley MOVED for approval of the consent agenda as presented. were no objections. SO ORDERED. There Williams noted a copy of the verbatim of the September 2, 1998 Board of Adjustment hearing was available for council on the table as well as their packets for the upcoming joint work session with the Planning & Zoning Commission and Historic District Board scheduled for Monday, September 21, 1998. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 2 ITEM B: sCHEDULED PUBLIC COMMENTS-- None. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1793-98 -- Increasing Estimated Revenues and Appropriations by $7,000 in the General Fund for Public Library Assistance Grant. MOTION: Councilman Moore MOVED for approval of Ordinance No. 1793-98 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Smalley: Yes Swarner' Yes Bannock: Yes Williams- Yes Bookey: Absent Moore: Yes Measles' Yes MOTION PASSED UNANIMOUSLY. Ordinance No. 1794-98 -- Appropriating $100,000 for an Airport Expansion and Development User Interest Survey. MOTION: Councilman Measles MOVED for adoption of Ordinance No. 1794-98 and Councilman Smalley SECONDED the motion. Herb Schann -- 1506 Toyon Way, Kenai. Schann stated he opposed the appropriation of the $100,000. He continued, he believed the appropriating of the funds is a way to get a project started that could be very destructive to the quality of life in Kenai. He noted, the citizens have not been asked if they want the expansion of the airport. He added, he believed it is the job of the council and the citizens to preserve a good quality of life. At this time, the touch-and-goes by airplanes are already intrusive in the lives of citizens and even if the airport were moved two miles away, it would not be an improvement. Schann added, he believed the funds for this proposal should not be wasted no matter what fund it comes from and is a proposal that ignores the citizens and the quality of the people who live in Kenai. As guardians of the welfare of Kenai, he requested council reject the $100,000 and focus their attention on getting the opinion of the citizens of the community. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 3 Williams read into the record a letter from Rebecca Lamboum, distributed at the beginning of the meeting. It read' It is my understanding that there is a proposal to spend $100,000 on a user survey for refueling large jets at an expanded Kenai airport. I feel that money spent on this project is wasteful and neglect~l on the impact upon quality of life for the citizens of Kenai. It would be more responsible for money to be spent upon studying the effects of excess noise upon the quality of life and mental health of people living near the airport. The effect on property values and pollution should also be considered before a user's survey is done. Most importantly, the issue of safety for those living near the airport needs to be addressed. We have already had an incident in which a small aircraft crashed into a home near the Kenai airport. There seems to be an assumption by the city that sometime soon we ~ need to handle jets at the Kenai airport anyway to handle traffic. However, we cannot currently sustain even two small passenger carriers. It is the trend in most of the United States for small population areas and even moderately sized towns to be served by larger hubs with connecting small carriers, with no need for jets. It has also been proposed and reported in the Anchorage Daily News that the existing airport may be moved to an area two miles to the north of its present location. This puts the burden of annoyance and risk on the northern Kenai neighborhoods that are still too near the proposed location for safety and noise aggravation' Will our city be faced with the possibility of having to buy out whole neighborhoods? More importantly, the current noise levels resulting from Kenai airport traffic needs immediate action. There has been a drastic increase in the frequency and duration of military training, "touch and go landings" in the latter half of this summer. For example, last Wednesday, evening, from 5'00 until 8'00 P.M., a C-130 practiced repetitive low, tight, slow tums directing over our houses in Redoubt Subdivision. Every five minutes we had to stop conversation, phone calls and have our relaxation disturbed until the noise abated. We had to abandon a pleasant summer evening outdoors and go inside and shut all windows and doors. Our rights to a relaxing evening family time after a long day were violated. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 4 The following day during the late morning a military helicopter circled over our house every four minutes for an d hour and a half. Ten minutes after it went away, the C-130 showed up again circling every six minutes for much of the afternoon. My daughter was at home with a severe headache trying to get some rest so that she could return to school, and the incessant circling of a very loud airplane over our home was unnerving and harassing. We ended up turning on very loud fans to try to overcome the noise. This military training over the tops of our homes has become a daily occurrence, sometimes three times a day and carriers on for several hours. If this is any indication of what it would be like living underneath circling DC-10's or 747s, and they do frequently need to circle, all of us in Kenai will be suffering. Let's try to alleviate the current noise aggravation and safety risk to our homes and families before we expose ourselves to anymore. Thank you, S/Rebecca Lamboum Smalley asked if the Airport Commission has discussed the expansion of the airport, the Airport Master Plan, etc. Measles answered, yes, the Commission has discussed the matter and met with Mr. Carter and discussed the proposal. He added, the previous Airport Master Plan discussed the expansion of the airport, however it was taken out of the recently updated Plan. Measles noted, this project would be considered a new airport project and not be an expansion of the existing airport and therefore would not be covered in the Airport Master Plan. Measles added, all the Airport Master Plans have been subject to public hearings prior to the acceptance of the plans, each time they are changed. Councilwoman Swarner asked how often reports will be received from Carter. City Manager Ross answered, those requirements are included in the contract which appears on the agenda at Item G-1. Williams noted, due to the flue, Mr. Carter would not be able to attend this meeting and requested the matter be postponed. Measles suggested the matter be tabled until the next meeting when they reach G-1. Councilman Moore stated had been contacted by several citizens. He noted, when council discussed the project, it was determined it was not feasible to expand the existing airport and that may be confusing in regard to how the ordinance reads "airport expansion." Smalley stated, he believed any potential development at the airport could be considered expansion. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 5 Ross stated, the contract is to acquire a user survey. It is not appropriate to pre- suppose the results will be heavy jet traffic or necessarily that council will move the airport. It will look for options for airport expansion, what the market will be now and the future, and if movement of the airport might happen in the future, what type of aircraft would be using it. Williams commented, after listening to a recent candidate forum, he agreed with comments made by some of the candidates, i.e. when they decided to run for public office they thought they knew what the questions and answers were and after being elected they found they knew only about half of what they thought they knew, as well as administration, etc. Williams continued, it would be helpful if the public would comment during public meetings in order to have a clear understanding of what the present and future plans are for the city. Williams continued, in regard to the airport, the acquisition of the report will help in determining some of the answers for questions and concerns stated by Ms. Lamboum, i.e. mitigation of noise, review of the area to determine need, etc. Williams added, the baseline study will be used to determine many factors including possible total removal of the airport from the city and whether there is a position for the area to serve as a stopover point for heavy carriers hauling freight (knowing "the area" could encompass a major sector of the Peninsula when searching for the proper site). Continuing, Williams stated, if a "go ahead" is received this year, it could be ten years prior to the opening of the proposed airport. If nothing is done between now and then in regard to the developing economy and changes in the world system, the city will be twenty years behind. Williams noted, the area is supported by oil and fishing and both industries are failing. As the tax base diminishes, something else will have to take the place of those industries. With the loss of tax base, the quality of life w/Il be affected through lack of education for the children, lack of jobs, etc. Williams added, the city has been preparing itself for the future by putting in service industries, etc. However, the city will not be able to continue this or afford to do it in the future. Programs the city undertakes are necessary for the future of the entire community and Williams added, he believed the city was moving in the fight direction. VOTE: Smalley: Yes Swarner: Yes Bannock: Yes Williams: Yes Bookey: Absent Moore: Yes Measles: Yes MOTION PASSED UI~ANIMOUSLY. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 6 C-3o Ordinance No. 179S-98 -- Increasing Estimated Revenues and Appropriations by a Net Amount of $96 in Two Senior Citizen Funds. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1795-98 and Councilman Smalley SECONDED the motion. There were no public or council comments. VOTE: Smalley: Yes Swarner: Yes Bannock: Yes Williams: Yes Bookey: Moore: Yes Measles: Absent Yes MOTION PASSED UNANIMOUSLY. C-4o Resolution No. 98-62 -- Adopting an Alternative Allocation Method for the FY99 Shared Fisheries Business Tax Program and Certifying that This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-62 and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-5o Resolution No. 98-63 -- Setting the Public Hearing Date on the Proposed Crow Court Paving District. MOTION: Councilman Smalley MOVED for approve of Resolution No. 98-63 and Councilman Measles SECONDED the motion. There were no public or council comments. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 7 VOTE: Councilman Measles requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. Resolution No. 98-64 -- Listing the City's Alaska Department of Administration FY 2000 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-64 and Councilman Measles SECONDED the motion. There were no public or council comments. Williams noted the ciKv in the past has pooled funds received from Capital Project Matching Grant Program and used them for street improvements. He added, the resolution stated the city will continue to take this direction and will match the amounts as required. VOTE: There were no objections. SO ORDERED. C-7o Resolution No. 98-65 -- Encouraging the Use of the Port of Homer as the Port of Call for the M/V Kenmcott During 1999 and Subsequent Years. ,. MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-65 and requested UN~I~OUS CONSENT. Councilman Smalley S~ONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-8o Resolution No. 98-66 -- Declaring Certain Equipment, Supplies, and Materials Surplus or Obsolete. MOTION: Councilman Smalley MOVED for approval of Resolution No. 98-66 and Councilman Measles SECONDED the motion. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 8 There were no public comments. Smalley asked if the crime prevention tapes could be donated to other communities on the Peninsula. Police Chief Moms stated he had not Checked, however the Kenai library was not interested in the tapes. Also the tapes are outdated and require a 16mm projector to view them. Bannock asked if the bicycles are normally sold. Morris reported evidence is required to be held for two years. The bicycles were ceased or lost in 1996. He added, he believed they would all sell. Swarner noted one of the workers at the dock uses his own bicycle to get around quickly and asked if the worker could use one of the these bikes instead of his own. Komelis stated he would check. Parks & Recreation Director Frates stated he didn't think bicycle use for his crews would be workable. It was noted the auction was scheduled for October 10. VOTE: There were no objections. SO ORDERED. C-9o '1998/99 Liquor License Renewal-- New Peking Restaurant -- Restaurant/Eating Place. Approved by consent agenda. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Swamer noted all the apartments are full at the housing facility. D-2. Airport Commission -- Councilman Bannock reported he attended the meeting for Councilman Measles. The Commission discussed the construction of an outdoor shelter for smoking and decided no modifications should be made at this time. Bannock noted the Commission also discussed the Carter contract. The Commission asked to see the contract in order to recommend changes. D-3. Harbor Commission -- Public Works Manager Komelis reported the Commission met on September 14. It was reported during the meeting, the city's mooring buoys would be pulled from the fiver between September 23 and 30. The launching ramp floats are scheduled to be pulled between October 5 and 8. Komelis also reported the Commission discussed the extension of the boardwalk and may be included in the work session discussion on September 30. D-4. Library Commission -- Councilman Moore noted the minutes of the last meeting were included in the packet. The next meeting is scheduled for October 6. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 9 D-5. Parks/h Recreation Commission -- Councilman Bannock reported, at their September meetin§, the Commission heard a presentation from Nate Kiel and Rick Baldwin in re§ard to the multi-use recreational facility. Durin§ the discussion, Bannock reviewed the recent Board of Adjustment hearm§ and its affect on the §olf course lots and how the sale of those lots involve the multi-use recreational facility. Bannock added, he ur§ed the Commission, Kiel and Baldwin to use the information to explain the facility will be butt throu§h the potential sale of the lots. Bannock noted, he discussed briefly the moratorium council had placed on appointments to boards, commissions and committees until after the September 30 work session. However, the Commission requested consideration be made to go ahead and make an appointment to the Commission for a student representative. He added, Matthew Peters had attended the commission meeting to observe and submitted his application for appointment. Williams agreed. Council had no objections to the appointment of Matthew Peters to the Parks & Recreation Commission as its student representative. D-6. Planning/l~ Zoning Commission -- Smalley noted the minutes of the August 26 meeting were included in the packet as well as an action agenda of the September 9 meeting. Smalley reported the PZ resolution amending the conditional use permit code brought about a lot of discussion. The residents felt the resolution mending the code brought more leniency in the issuing of conditional use permits. The matter was continued to the next PZ meeting in order to readvertise and hear more comments. Smalley continued, a variance to a home for storing drywall material and tools failed. 'A cabin rental permit was amended to indicate it was a cabin rental as well as a guiding service, allowing no more than three boats. Also approved was the recommendation to make the Etolin property {to be used for the health center) available for public use. Smalley also reported the Commission discussed the review and possible changes to Title 14 and asked if council would consider meeting in work sessions with the Commission to do this work. Swarner reported there are several non-functioning vehicles on the property at Third and Birch Streets. She asked if this concern has been on the code enforcement list or if it had been removed from the list. Smalley stated he believed it has been on the list and administration had contacted the owner and asked if it was a place of business. The owner stated it was not. Swarner noted 695 Sycamore was listed on the code enforcement list and she felt the property at First and Birch was in worse condition than the Sycamore property. Williams reminded council of the work session scheduled for September 21 and stated the discussion of setting work sessions with P&Z in regard to Title 14 would KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 10 be discussed briefly at that time. Williams also noted an apphcation from Ozzie Osbom was included in the packet. He added, Osbom had served on the Commission in the past. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported an additional flower bed will be developed at the Lei/Hansen Memorial Park and more roses (20 to 30 Sitka roses) will be included in the bed. D-7b. Historic District Board - Councilman Moore noted the next meeting was scheduled for September 21 immediately after the joint work session with council and the Planning & Zoning Commission. D-Tc. Kenai Visitors/h Convention Bureau Board-- No report. D-7d. Alaska Municipal League Report -- Councilman Smalley noted the information included in the packet regarding the Investment Pool of which the city is a member. Councilwoman Swarner noted nominations for Elected Official of the Year or Outstanding Employee of the Year need to be submitted at the end of the month. ITEM E: MINUT~ Regular Meeting of September 2, 1998. Approved by consent agenda. ITEM F: CORRESPONDENCE-- None. ITEM G: OLD BUSINF~S Approval-- James Carter Professional Services Contract It was noted earlier Mr. Carter was ill and requested the matter be postponed until the October 7, 1998 council meeting. MOTION: Councilman Measles MOVED to postpone Item G-1 to the next regular city council meeting and a copy of the contract be mailed as soon as possible to the Airport Commission and if they want to discuss the contract in a meeting, allow them to call a special meeting prior to the next council meeting. Councilman Smalley SECONDED the motion. There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 11 ITEM H: NEW BUSINESS H-lo Bills to be Paid, Bills to be Ratified 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 the purchase orders exceeding $2,500 and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. H-3o Ordinance No. 1796-98-- Finding That Certain City-Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, is Required for a Public Purpose. Introduced by consent agenda. BREAK TAKEN: BACK TO ORDER 7:51 P.M. 8:05 P.M. i-4o Discussion-- Vintage Pointe Residence Requirement Change. MOTION: Councilman Measles MOVED to table Item H-4 until the next regular council meeting. Councilwoman Swarner SECONDED the motion. Measles noted he was concerned with the one-month residency requirement and having no other restrictions. He asked, what would there be to prevent the housing facility to become a motel. He requested Attorney Graves investigate any legal way to place restrictions, i.e. changing the one-month to a six-month residency. VOTE: Councilman Smalley requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. ITEM I: ADMINISTRATION REPORTS KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 12 I- 1. Mayor a. Kenai Mall Remodel -- Williams reported he reviewed the remodeling of the Kenai Mall which is being done to house the one-stop-shopping for State agencies. He noted, approximately 50 employees will be housed there. He also noted he spoke with the commercial leasing agent for Carr-Gottstein Properties (Bob Martin) about the city's desire to have Sears move into the Mall as well. Martin stated they are also worldng to get Sears move into the building. Martin suggested Williams write a letter to Sears to forward the city's interest in having Sears move into the city. Williams requested council's permission to write to Sears. Council had no objections. b. ARFF Opening Ceremony -- Williams reported he ordered plaques for several Alaska legislators, as well as Senators Stevens and Murkowski to present at the opening ceremony. He noted approximate cost for the plaques would be $650. c. Candidate Forum -- Williams invited council and audience to attend the candidate forum to be held for Kenai mayoral and council candidates at next week's Chamber luncheon. d. Challenger Center -- Williams reported the project is progressing fairly well. Designs and pictures have been submitted by the architect which will aid the Challenger Group in obtaining funding for the project. I-2. City Manager a. ARFF Change Orders -- Ross reported change orders for the ARFF project will be brought to council in the near future. He noted, some of the change orders are for overages and others for under costs. He added, the change orders are now at FAA being reviewed for grant eligibility. Ross noted, it is hard to turn down a change order when the city is paying only three percent of the costs. Ross continued, one of the issues will be the wall panels. There is some argument whether the defect is in the architectural design, the installation or the manufacturing of the panels. He added, he did not want to force a reinstallation if the same arguments will arise. b. Multi-Use Recreational Facility -- Ross reported he would be signing a purchase order using Land Administration funds to cover preliminmgr site assessment work for the parking lot design, building layout, etc. for this facility in relation to the Challenger facility and the high school. He added, even though there is no capital account and the property has not been sold, the work needs to be done at this time. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 13 I-3. Attorney City Attorney Graves reported Alaskalanes has signed a payment schedule with the city and is now current. Upon receiving notification from the Borough that they are current with those accounts, the matter will be brought back to council. I-4. City Clerk a. Student Government Day-- Clerk Freas reported she received a telephone call from one of the Government teachers at the high school. His suggested dates for Student Government Day were October 21, November 4 or 18. Freas requested direction from council. b. Absentee Balloting-- Freas also reported absentee balloting would begin on Monday, September 21. She will be able to vote people from Kenai, Salamatof and Nikiski precincts. b. Initiative Petition -- Referring to a memorandum included in the packet, Freas reported an initiative petition was being circulated by a member of the community who is interested in having term limits for council and mayoral positions. Because the inclusion of term limits would affect the Kenai Charter, a vote of the people would be required. She noted, if the petition is returned and found legal and sufficient, a special election will have to be held on the subject because it is too late to include the question on the October 1998 ballot. Freas continued, she and the city attorney discussed the possibility of submitting an ordinance to amend the election code to allow for special elections by mail. She noted, the Kenai Peninsula Borough has had success with by-mail elections. Advantages to by-mail elections include better turnout, ballots are mailed to all registered voters in the city, and potentially less cost. Freas noted if council had no objections, an ordinance would be on the October 7 agenda for introduction. Measles asked if the ordinance would be specific to this petition or would it be to include a section in the code to allow for by-mail elections when needed. Freas noted, the inclusion would be used for this potential specie election and others in the future. c. Community Council -- Freas reported she received a telephone call from Midge Clouse at the Department of Community & Regional Affairs. Clouse reported to her a group of people from the City of Kenai had contacted DCRA in regard to the possibility of forming a community council. She forwarded them some information on the subject and stated she would attend a meet/rig with the group in Kenai. Since the meeting, Clouse telephoned again and reported she discussed the role of community councils (noting those in Anchorage were formed and funded by the municipality) in regard to local government with the group at the meeting. She also noted she would be available for training for council and commissions if desired. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 14 1-5. Finance Director -- Acting Finance Director Feltman reported the finance director was on vacation for two weeks. 1-6. Public Works a. Habitat for Humanities Request-- Public Works Manager Komelis reported Habitat for Humanities has requested the city add to its pavement repair list the asphalt cut made in front of the home they are building along Fourth Avenue. Estimated cost of the repair is $350. Komelis added, Habitat is requesting the city to pay for the repair costs. b. STIP Funding List -- Komelis reported he recently spoke with DOT regarding the rehabilitation of Forest Drive and Redoubt Avenue. He was told the time schedule for the project had not changed, but may move up on the list but most of the work will be done in Year 2000. Komelis also reported the re-evaluation of Funny River Road was due to the high maintenance costs and because its upgrade is a top priority of the local DOT. Komelis also reported the new project nominations for the 2000-2002 STIP program are due on October 12. These projects will be discussed with council at the September 30, 1998 work session. c. Komelis reported he toured representatives of the Exxon Valdez Oil Spill Advisory Board around the dunes project, the parking lot at South Spruce and the beach and looked from the bluff at the South Kenai River access road and parking lot. He noted, the representatives were very pleased with how the EVOS funding was spent for the dunes project and seemed very receptive to the proposed parking lot expansion at South Spruce. Komelis added, the representatives were also very impressed with the city's Mission Street project. Measles asked if the city repaired the pavement along Fourth Avenue, would it be setting a precedent for other contractors when installing utilities. Graves stated it was the first time he had heard about the request. He added, he was not sure why the contractor would not be required to pay for the repair. Komelis explained, he did not know the relationship between Habitat and the contractor placing the water/sewer lines (perhaps donation). He added, he was wanting to get the pavement paved and spoke with a Habitat representative who was to investigate whether the contractor was to have it paved or not. The representative telephoned him and said there was no arrangement between the contractor and Habitat to have the area paved and ff the city did not do it, they would have to find a contractor to do it. Komelis added, if required, Habitat would have to pave the road. Measles asked if contractors are to get a permit from the city to make a pavement cut on a city street to make water/sewer connections. Komelis answered, yes. If the city KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 15 does not make the donation, he would contact Habitat and make sure they have the paving done. Ross added, in this case, Habitat is the responsible party. Swamer asked who applies for the permit to cut the pavement, the contractor or the owner of the building. Komelis answered, it could be either one but in this case it was the contractor. Swarner asked why the contractor was not responsible to repave the area. Komelis answered, they would. However the contractor is not a paving contractor and would have to hire a paving contractor to do the patch work. If the city does not do the paving, he would contact the contractor to inform him the paving needed to be done. The contractor 'would approach Habitat for the extra funding to hire the paving contractor. Ross reported it had been explained to him the contractor services had been donated to Habitat. The pavement patching was not included. It was his understanding Habitat had accepted the responsibility to have the area paved. Habitat has asked the city to donate the cost when the city is doing its regular paving projects. He added, even if the council says no, the city would inform Habitat when the city will have paving done so they may be able to schedule their work at the same time, saving some of the cost. Measles stated he didn't object to making a donation, but was concerned of the precedent it would set to other contractors and where would the line be drawn. He added, he would prefer to have Habitat be required to do the paving. Measles noted, the city has made several in-kind and other donations to Habitat in the construction of several homes in the area. Swarner agreed and added she would prefer someone else pay for the paving and not the city. I-?. Airport Manager.-- Director Atha reported the float plane revenue and expense information requested was being collected and would be brought to council in the near future. Williams requested Atha obtain take-off and landing information for the float plane basin from FAA. Smalley asked if Atha had any further discussions with other commuter airlines who might include Kenai in their operation. Atha answered, Yute is not enthusiastic, however he has talked with an operator (who wants to remain anonymous at this time) who is interested. ITEM J: DISCUSSION ,,, Citizens-- None. Council Bookey-- Absent Swarner -- Thanked Attorney Graves for the litigation report. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 16, 1998 Page 16 Moore -- Noted a political sign streamer was attached to the City of Kenai welcome sign at the comer of Kalifomsky Beach and Bridge Access. Moore requested letters be sent to people who have applied for appointment to boards, commissions and committees to thank them for the application and inform them the application will remain on file. Measles -- Reported he would be out of town for the September 21 work session. Bannock -- Reported the street lights from Kenai Electric past the intersection of Forest Drive do not work and requested they be reported to DOT. Swamer noted the Street light at Norman and Rogers Road was in need of repair. Williams reported the street light at Willow and Lake Street was needing repair as well. Smalley-- No comments. EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 8:35. Minutes transcribed and submitted by: Carol L. Freas, City Clerk TO' FROM: CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 MEMORANDUM Richard Ross City Manager / Pat Porter Director DATE: September 3, 1998 REFERENCE: Vintage Pointe Manor Residence Requirement m~mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm It is our intent to offer a solution to the residence requirement of Vintage Pointe Manor. Recommendation to change Section 4: Item C to read: The applicant and any other occupant (other than a caregiver authorized pursuant to this agreement) must have resided in Alaska for six months prior to the date the application for an apartment is submitted. I look forward to discussing this at the council meeting. CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT ~NAI, ALASKA 99611 (907) 283-4156 MEMORANDUM TO: Richard Ross City Manager FROM: Pat Porter Director DATE' August 26, 1998 REFERENCE: Vintage Pointe Residence Change mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm On August 25, the Council on Aging addressed the vacancy issue at Vintage Pointe. After a lengthy discussion of the problem their recommendation is to change Section 4: Item C to read' The applicant and any other occupant (other than a caregiver authorized pursuant to this agreement" must have resided in Alaska for one month prior to the date the application for an apartment is submitted. Justification During the past several month we have had numerous apamnents vacated. All of the individuals on the active waiting list has been placed within the facility. Two aparunents were vacant for over two months. We feel we would have no trouble renting units if we sunset our year residency requirement. It appears that over the last six years we have satisfied the immediate housing needs of our "Old Time Alaskan' s" and it is time to expand our senior market. COUNCIL ON AGING MEETING AUGUST 25, 1998 Page 2 of 4 same. He added, the Center is primarily an eating and gathering place to enjoy. Having services with the body present can be hard for one to enjoy the facility later. Meeks noted, he was not against using the facility for memorial services. Enfield and Arness agreed. MOTION: Member Amess MOVED that the Center be used for memorial services only. Member Meeks S~OI~ED the motion. There were no objections. SO ORDERED. 5b. Change in Residency Requirement/Vintage Pointe - Porter explained, originally the residency requirement for Vintage Pointe was 65 years of age and an Alaska resident for one year. Then, because of federal requirements, the age requirement was changed to 62. Porter continued, in the recent past, there have been apartments available and no one on the active list or no one on the inactive list wanting to move into them at this time. Recently, she has received requests to move people into the facility who have not lived in Alaska for one year but have family who are long-time local residents and who would like to arrange for them to live at the facility. Porter noted, she discussed the matter with City Manager Ross and suggested to him the residency requirement be dropped. She suggested the people who were originally meant to be served by having the one-year residency requirement have been. She also suggested a different type of elder be attracted to the facility- those who have family living in the community who need a place for a parent. Porter suggested the residency requirement be changed to 30 days. Huddleston suggested the residency requirement be dropped to 30 days. Those on the list would still have fn'st choice and if none are interested in moving into the facility, offer the vacancy to whomever wants to move into the facility. Hollier stated she was not in favor of that. Meeks stated consideration should be given to offering apartments to those who have an immediate relative in the area. However, he was not sure the apartments should be offered to just anybody. Enfield suggested the residency requirement be changed for a year and see how it works out, changing it back if necessary. Swarner stated she believed it would be difficult to go back to the one-year Alaska residency. Porter explained there are no names on the active list and no one on the reactive list wants to move into the facility at this time. Meeks asked if people are waiting for a particular apartment to become available. Porter answered no, they are told from the beginning there are no special arrangements made for specific apartments. However, after moving into the facility, one can request to move into another apartment when it becomes available. Porter added, it is to the Senior Center's advantage to keep the COUNCIL ON AGING MEETING AUGUST 25, 1998 Page 3 of 4 apartments occupied..An addition to the facility will not be built if there are vacancies. Additionally, funding to add to the facility would be hard to get if there are vacancies. Amess asked if a person on the inactive list would still have preference if an apartment becomes available. Porter answered, the person's name would first be placed on the active list and then the person would need to be ready to move when an apartment becomes available. If the person decided to move back to the inactive list, they would go to the bottom of the inactive list. Porter noted, it is a natural desire to protect the housing for people who have lived in Alaska for a long time. However, the facility has been operating for six years and it seems those local people have been housed. MOTION: Member Enfield MOVED to change the residency requirement to 30 days as long as there are not people on the inactive list that want it. Member Arness SECONDED the motion. VOTE: Meeks: Yes Arness: Yes Enfield: Yes Huddleston: Yes Hollier: No Wiese: Absent Billings: Absent Burton: Absent Nelson: Absent MOTION PASSED. Enfield suggested the rule requiring residents of the facility to not be gone for more than three months might need to be changed. She suggested this might encourage people to want to move into the facility or stay in the facility. Porter stated the original intent of that requirement was so the complex would be available for people who lived in Alaska, and not used as summer residences. Hollier stated the original lrule required a person to sell their home. Porter noted, the apartment has to be the person's primary residence. 5c. Budget Review- Porter included a copy of the Center's budget with the Aging packet for the members' review. She noted, more money was received from United Way this year. Also, the budget will have to cover costs related to the purchase of a new steam table and dishwasher for the Center. She added, all the costs in regard to the steam table and one-half the cost of the dishwasher will be borne by the Center. However, because of the extra funds from United Way and donations from Exxon and Phillips, the budget should be okay. Discussion followed regarding rental of the facility. It was noted the income from the rentals is kept by the Senior program. Porter also reported on the concern voiced at the May meeting in regard to the Borough's financial support of other programs 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: September 11, 1998 Mayor and Council Richard a. Ross, City Manager ~ James Carter Professional Services Contract Attached is a copy of the contract we propose offering to Mr. James Carter for performance of professional consulting services. As you are aware, this process has not been typical of development of professional service contracts. Normally, the Council and Administration have developed criteria for the services expected or work to be performed. Subsequent to that, an RFP is developed and put out for response to prospective providers, or negotiations are entered into with a prospective professional services provider. In this case, Mr. Carter came to the City with a vision and proposal to provide services in pursuit of that vision. The Airport Commission endorsed and the City Council directed that the Administration enter into negotiations with Mr. Carter for a contract to implement his proposal. The City recognizes the time and effort Mr. Carter has put into his proposals and the refinements and modifications of them. This has gone from a proposal to develop the present airport facilities into a heavy jet cargo airport, to a realization that relocation of the present airport to fit the future needs and growth of the City is the probable long-range goal. He has worked hard on these issues. In the formation of the proposed contract, Mr. Carter's proposals were considered and formatted to fit our professional services contract. The contract broadly describes a wide range of activities for which professional services are requested. Because of the nature of the services requested, it is very difficult to give specific definition to the work product. The proposed contract does provide for structured reporting and goal setting on a quarterly basis. By this means, the City Council and Administration can review and evaluate product and progress. The contract deviates from standard policies of the City in that Mr. Carter has requested that payment be made 15 days following receipt and approval by the City of the monthly invoice. City policy is normally 30 days. The Finance Director has agreed to work with this request and 15 days is in the contract. Mr. Carter has requested that the City include a 60-day termination notice clause in the contract. We have not done this. Ten days is the standard used in the past for professional contracts. This includes contracts for City Management services, lobbyist services, Health Center consultant contracts, etc. It is our position that once the City determines to cancel a professional services contract, ten days is adequate notice. This issue is solely at the discretion of Council if they want to extend this notice period based on circumstances specific to this contract. Attachment RAR/kh PROFESSIONAL SERVICES AGREEMENT between THE CITY OF KENAI, ALASKA and JAMES E. CARTER, SR. for PROFESSIONAL CONSULTING SERVICES AT THE KENAI MUNICIPAL AIRPORT FOR THE PROJECT CALLED AIRPORT EXPANSION AND DEVELOPMENT--A USER INTEREST S UR VEY THIS AGREEMENT is entered into this day of September, 1998, by and between the CITY OF KENAI, Alaska ("City") and JAMES E. CARTER, SR. ("Consultant"). WITNESSETH WHEREAS, the City is desirous of obtaining professional services to provide professional consulting at the Kenai Municipal Airport for the project called Airport Expansion and Development--A User Interest Survey ("Project"), and the Consultant is willing to perform such services within the time limits hereinafter specified.; and NOW, THEREFORE, in consideration of the recitals and the mutual covenants agreements herein set forth, the City and the Consultant do mutually agree as follows' and I. RETAINER City does hereby retain the Consultant to perform the professional services herein specified, and the Consultant does hereby agree to perform said professional services within the time limits and as herein specified. II. SCOPE OF SERVICES Consultant shall fully and completely perform the services described in this Agreement and in Attachment A. No changes in the Work Program or amendments to the Agreement shall be made without prior written approval of the City. Upon conclusion of the Project, all plans and documents prepared under this Agreement shall become the property of the City. III. TERM The term of the Agreement shall be one (1) year from the date of signing. AGREEMENT - Page 1 of 6 IV. TIME OF PERFORMANCE Consultant shall commence work within thirty (30) days following approval of this Agreement and City authorization to proceed. Every ninety (90) days, Consultant will provide a project stares report to the Airport Manager. At that time, Consultant will submit his proposed goals as well as a projected budget for the next ninety (90) days to accomplish those goals. The Consultant shall not proceed from one ninety- day (90) phase to another until he has received written direction to do so. Travel outside the Kenai/Anchorage area, if not specifically approved in the projected budget, must be approved by the Airport Manager in advance. V® RESPONSIBILITIES OF THE CITY City shall cooperate with Consultant on all phases of the work covered by this Agreement. The Consultant will receive the general goals and direction the City proposes for development of the Kenai Municipal Airport through the Airport Manager. Vie COMPENSATION City shall pay Consultant not more than ONE HUNDRED THOUSAND DOLLARS ($100,000) to provide said professional services for the Project. The amount include all out-of-pocket expenses, including but not limited to document preparation, airlin,. travel, car rental, lodging, meals, telephone, copying and delivery. Consultant agrees to properly complete the project in its entirety with a cost to the City not to exceed $1oo,ooo. Consultam shall bill for services at an hourly rate of EIGHTY DOLLARS ($80.00) inclusive of administrative assistance. Each monthly billing from the consultant will be accompanied with an itemized list of expenditures. Monthly billings are subject to review and approval by the Airport Manager and Finance Director. VII. METHOD OF PAYMENT Consultant shall be paid monthly no later than fifteen (15) days following receipt and approval by City of Consultant's monthly invoice. Consultant's monthly payment shall be a sum calculated on the basis of work completed during each month. AGREEMENT- Page 2 of 6 CONSULTANT CITY IX. lo TERMINATION OF THE AGREEMENT The parties may terminate this Agreement at any time by mutual agreement in writing. City may terminate this Agreement with or without cause by giving written notice to Consultant of such termination and specifying the effective date thereof at least ten days before the effective date of termination. Consultant may terminate this Agreemem with cause by giving written notice to City of such termination and specifying the effective date thereof at least ten (10) days before the effective date of termination. In the event of termination, all finished and unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant shall, at the option of the City, become its property; and the Consultant shall be emitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. INDEPENDENT CONTRACTOR Consultant is an independent contractor, and nothing contained herein shall be construed as making such contractor an agent or employee of the City, or authorizing such Contractor to create or assume any obligation or liability for or on behalf of City. Further, Consultant assumes all rights, obligations and liabilities applicable to it, as such independent contractor, hereunder. INSURANCE The ConSultant shall secure and maintain such insurance as will protect him and the City as a named additional insured from claims for bodily injury, death, or property damage. The Consultant shall also secure and maintain Worker's Compensation Insurance. The minimum limits of coverage shall be: (A) Alaska Worker's Compensation, and (B) Employer's Liability Insurance (A) Statutory (B) $500,000 per occurrence Comprehensive General Liability and Auto Liability with included Operations, Contractual Liability, and Owned, Hired, and Non-owned Vehicles $500,000 Combined Single Limit The Consultant shall secure certificate of insurance which shall be filed with this Agreement as an attachment and this certificate shall provide for not less than thirty AGREEMENT - Page 3 of 6 CON~T~ CITY days (30) written notice to the City of cancellation or substantial change in policy conditions or coverage. XI. COMMUNICATIONS Any communications between City and Consultant provided for herein shall be given in writing and by personal delivery or by prepaid first-class registered or certified mail addressed as follows' Steve Atha, Airport Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 James E. Carter, Sr. Consultant Kenai, AK 99611 XII. RELEASE OF PROJECT MATERIALS Consultam shall not permit the publication', release or other distribution of reports, data, information, conclusions or other Project materials without prior written approval of the City, unless already publicly available. COPYRIGHT No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of Consultant. IDENTIFICATION OF DOCUMENTS All reports, maps, and other documents completed as part of this Agreement, other than documents exclusively for internal use by the City, shall carry the applicable notation on the front cover or on a title page (or, in the case of maps, in the same block) containing the name of the City, the month and year the document was prepared, who prepared the document, and Kenai Municipal Airport. XV® OTHER CONTRACT PROVISIONS A® Compliance . Consultant agrees to comply with all applicable federal, state and local laws and regulations. Consultam agrees to promote the expansion of the Kenai Municipal Airport consistent with the goals and direction received from the Airport Manager. AGREEMENT- Page 4 of 6 CON~T~ crI~ . City and the FAA, shall have access to any. books, documents, papers, and records of the Consultant which are directly pertinem to the Project for the purposes of making audits, examinations, excerpts, and transcriptions. City requires Consultant to maintain all required records for three (3) years after City makes f'mal payment and all other pending matters are closed. o Sanctions for Noncompliance' In the evem of Consultant's noncompliance with the provisions of this Agreement, City shall impose such comract sanctions as it may determine to be appropriate, including but not limited to' ae Withholding of payments to Consultant under the Agreement until Consultant complies; and/or be Cancellation, termination, or suspension of the contract in whole or in part. g~ Disadvantaged Business Enterprise (DBE) Assurances' le Policy' It is the policy of the City and the DOT that disadvantaged business enterprises as clef'reed in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with the Federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this Agreement. e DBE Obligation- Consultant agrees to ensure that disadvantaged business enterprises as defined in 49 CFR part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that minority business enterprises have the maximum opportunity to complete for and perform contracts. Consultant shall not discriminate on the basis or race, color, national origin, age, handicap, sex, or religion in the award and performance of DOT assisted contracts. C. Lobbying 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. XVI. INTEGRATION This Agreement represents the entire understanding of the City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect AGREEMENT- Page 5 of 6 CONSULTANT CITY with respect to those matters covered hereunder. This Agreement may not be modified o~ altered except in writing signed by the City Manager and Consultant. IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed by their duly authorized representatives on the day and year first above written. CONSULTANT CITY OF KENAI James E. Carter, Sr. Richard A. Ross, City Manager Date: Date- ATTEST' ATTEST' (typed name) (typed name) Approved by City Attorney Approved by Finance AGREEMENT- Page 6 of 6 CONSULTANT crI~ SCOPE OF SERVICES for AIRPORT EXPANSION AND DEVELOPMENT--A USER INTEREST SURVEY Consultant will be responsible for, but not limited to, the following: o Render advice, representation, and assistance to the Airport Manager development opportunities of an expanded Kenai Municipal Airport. regarding , Provide consultation with individuals, the air carrier industry, and government sources concerning the development opportunities at the Kenai Municipal Airport. o Recommend strategies to perform the objectives of the contract. . Meet with Airport Manager quarterly to discuss and set out goals and authorized activities for the upcoming 90-day time period. Participate in meetings with the Airport Manager and the Airport Commission as needed. o Provide written repons to the Airport Manager, the Airport Commission, and the Kenai City Council as outlined in the Agreement. 6. Seek Kenai Peninsula Borough-wide support for the Kenai Municipal Airport expansion. . Participate in briefings and seek support for the Kenai Municipal Airport from the Kenai area representatives to the Alaska State Legislature. . Participate in briefings and seek support from the Alaska delegation to Congress or their appropriate aides handling airports and transportation matters. . Visit air carriers (both domestic and international) that may have an interest in the expansion of the Kenai Municipal Airport. 10. Arrange meetings between air carrier executives and our congressional delegation to promote the expanded use of the Kenai Municipal Airport. 11. Provide briefings to the Governor's appropriate staff regarding Kenai's objectives, and seek their assistance with the Project. SCOPE OF SERVICES - Page I of 1 Attachment "A" SCOPE OF SERVICES for AIRPORT EXPANSION AND DEVELOPMENT--A USER INTEREST SURVEY Consultant will be responsible for, but not limited to, the following' o Render advice, representation, and assistance to the Airport Manager development opportunities of an expanded Kenai Municipal Airport. regarding e Provide consultation with individuals, the air carrier industry, and government sources concerning the development opportunities at, the Kenai Municipal Airport. 3~ Recommend strategies to perform the objectives of the contract. o Meet with Airport Manager quarterly to discuss and set out goals and authorized activities for the upcoming 90-day time period. Participate in meetings with the Airport Manager and the Airport Commission as needed. o Provide written repons to the Airport Manager, the Airport Commission, and the Kenai City Council as outlined in the Agreement. 6. Seek Kenai Peninsula Borough-wide support for the Kenai Municipal Airport expansion. o Participate in briefings and seek support for the Kenai Municipal Airport from the Kenai area representatives to the Alaska State Legislature. o Participate in briefings and seek support from the Alaska delegation to Congress or their appropriate aides handling airports and transportation matters. ° Visit air carriers (both domestic and international) that may have an interest in the expansion of the Kenai Municipal Airport. 10. Arrange meetings between air carrier execUtives and our congressional delegation to promote the expanded use of the Kenai Municipal Airport. 11. Provide briefings to the Governor's appropriate staff regarding Kenai's objectives, and seek their assistance with the Project. SCOPE OF SERVICES - Page 1 of 1 Attachment "A" To' Kenai City Council and the Mayor Oct. 7, 1998 From: Rebecca Lamboum Re: James Carter's 'Professional Services Contract-" A User Interest Survey?" Since there seems to be a semantics problem as to the purpose of Mr. Carter's' contract, I .. _ have included the following definitions from Webster's dictionary: to lobby: 1. to conduct activities aimed at influencing public officials and especially members of a legislative body on legislation and other policy decisions. 2. to promote (as a project) or secure the passage of legislation by influencing public officials. to study: acquire knowledge, to examine or analyze a phenomenon, development or question. to survey: to examine as to condition, situation, or value: appraise. In conversations with council members and members of the public, it appears that there is some misunderstanding as to what Mr. Carter's contract is supposed to accomplish. The council and the mayor insist upon calling it either a survey or a study. Unfortunately, these terms and the "scope of services" work in the contract don't match. (Please see attached "scope of services"). Items 6 through 11 are clearly lobbying services to be performed by Mr. Carter. According to the contract, he is to promote his vision (stated in the cover letter) to the Kenai Peninsula Borough, Alaska State Legislature, Alaska delegation to Congress, the Governor of Alaska, in addition to air carriers. The cover letter accompanying this contract from the city manager states that this process has not been typical of development of professional service contracts and that normally criteria is developed for the services expected or work to be performed, and an RFP is developed and put out for response to prospective providers. In this case, Mr. Carter came to the City with a vision and the airport commission and the council directed the Administration to enter into negotiations with Mr. Carter for a contract to implement his proposal. This proposal has apparently gone from a proposal to develop the present airport facilities into a heavy jet cargo airport, to a realization that relocation of the present airport to fit the furore needs and growth of the city is the probable long-range goal. I, too, recognize that Mr. Carter has worked hard on these issues and has put a great deal of thought into them. However, I feel, as do many others in the community, that before we hire someone to promote these proposals to legislators at the borough, state and national level that community input is necessary and required. So far, it has been very difficult to ascertain just what this vision of Mr. Carter's entails. .. All we have to go on is what we read in the newspaper and a few comments made by members of council and the mayor. Mayor Williams has said, "We'll make the airport the Tesoro station of the world." He has also said that noise from the large aircraft such as 747s would likely force the city to uproot the entire airport and build a new facility a "couple of miles to the north." I'm wondering if jumbo jets even a couple of miles to the north wouldn't force the citizens of Kenai to uproot. Will there be urban flight away from Kenai town to get away from jet noise? Depending on the flight path of the runways and prevailing winds, we could have jets roaring over Kenai, Nikiski and Soldotna. Studies of the effect on the community of Kenai and surrounding communities, of jet aircraft noise, air pollution, safety for our families and homes, the drop in property values near the airport, and perhaps in most of Kenai town, are conspicuously absent from this contract. However, I am not sure that Mr. Carter is qualified to do an unbiased study of problems such as these and the economic benefits vs. the costs to the community. ! xvould like to propose that if the council is determined that Mr. Carter's study of airport expansion and development is to be done, that items 6 though 11 be eliminated and a community impact study be performed in their place. A social science researcher with experience in community impact studies could be hired to explore the health, safety, and economic effects on communities located near jumbo jet airports. Please, let's not "put the cart before the horse" and promote an idea that has not been thoroughly researched. It may not be possible to stop a boulder rolling do~vnhill later on. TESTIMONY SIGN-IN SHEET TESTIMONY SIGN-IN SHEET PROFESSIONAL SERVICES CONTRACT The City of Kenai herewith formulates a Contract with James E. Carter, Sr., Consultant, to provide professional services to gain user interest in the future expansion and further development of the Kenai Municipal 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. Parties agree there are no limits placed 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 ...... day of , 1998. Richard Ross, City Manager City of Kenai James E. Carter, Sr. Consultant ATTACHMENT ' A' The Consultant will be responsible for, but not limited to, the following' 1. Render 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 and the Kenai Municipal Airport Commission as outlined 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. Meet 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. I 2. Arrange select meetings of air career executives with our Congressional Delegation to promote the expanded use of the Kenai Municipal Airport. I 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. ATTACHMENT · 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. Carol Freas From: Sent: To: Subject: Kari Mohn [kari@alaska.net] Tuesday, October 06, 1998 9:32 AM cfreas @ci. kenai .ak. us ,Airport Contract October 6. 1998 To: Kenai City Council From: Kari Mohn, 712 N. Strawberry Rd., Kenai, AK 99611,283-4258 I do not support the awarding of a contract to study the concept of a heavy cargo airport in Kenai. I have two objections. One, as described in the Peninsula Clarion of Tuesday, October 6, 1998, this contract would seek boroughwide support for a Kenai airport expansion, would seek support for the airport from Kenai-area representatives and the state Legislature and seek support from the Alaska delegation to Congress. A contract which seeks "support" for an expanded/new airport is not an unbiased study of the issue. Two, I am not in favor of a study for a facility that I do not want. As I walked along the Kenai beach yesterday, I was very aware that l did not want 747s flying in the vicinity to land at a Kenai based airport. The quality of the environment in our town is very important to me. i urge you to vote against the awarding of a contract to study the feasibility of a new or expanded Kenai airport. 10/5/98 CiTY OF KENAI /f//1~- DEAR SIR: 1 AM WRITING THIS LETTER TO VOICE MY OBJECTION TO THE RECENT PROPOSAL TO TURN THE KENA[ AIRPORT INTO A JUMBO JET REFULING STOP. THE NOISE AND POLLUTION WOULD BE OFFENSIVE.. TO SAY THE LEAST, I LIVE NOT MORE THAN A 1i4 MILE FROM THE RUNWAY AND HAVE FOR 24 YEARS. WHEN THE MILITARY ARE PRACTICING TOUCH AND GO 'S NOT ONLY CAN YOU SMELL THE FUEL THEY BURN AT MY LOCATION THE NOISE THAT IS PRODUCED FROM THE I:tEAVY PLANE. IS VERY OFFENSIVE, JUST CONSIDER WHAT A 3 OR 4 ENGINE JET'S CONTRIBUTION TO THE ENVIRONMENT WOULD BE. OBVIOUSLY YOU DONT LIVE CLOSE TO THE AIRPORT AS MANY OF YOUR CONSTITUENTS 'DO. I ASK. YOU TO RECONSIDER YOUR DECISION REGA~~G. THIS PROPOSAL. THANK YOU FOR YOUR CONSIDERATION F. C. ROGERS 1 l 17 LARCH. ST. KENAI, ALASKA. 99611 CITYOF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum Date: To: Froml September 30, 1998 Mayor and Kenai City Council Richard A. Ross, City Manager ~ ARFF Management/Operations Agreement The attached agreement with ESI for management/operations of the ARFF facility is submitted for your approval. ESI has signed the agreement. All expenses and revenues come from or accrue to the. Airport Fund. Major elements of the agreement as they pertain to finances are as follows: o The City of Kenai will pay ESI $25,000 per year to manage and operate the ARFF facility. e ESI will be responsible for utilities, janitorial, and routine maintenance within the facility and all maintenance of the fire training systems (props, propane, sensors, and controls). . ESI will pay the City 7% of all ARFF gross training revenues in excess of $90,000 per year. A negotiation clause allows renegotiation of this based on operating expenses. , Revenues received from second floor rental and vending machines go directly to the City. The City will make adjustments in janitorial and maintenance expenses for floor space rental. Mayor and Council Memorandum September 30, 1998 Page 2 of 2 e The City will receive daily classroom and lecture hall rental for non-ARFF courses conducted by ESI. Daily use rental rates were computed based on 6% return on square footage cost of facility. Six percent is the standard lease rate on airport lands. Kenai City personnel will receive ARFF and structural/industrial fire training without charge at the ARFF facility and at ESI's structural/industrial training facility. Based on ESI's signature to this agreement, they have been authorized to use the facility in order to meet training commitments. Had we not done this, and waited for Council approval, it would have caused major disruption to their training schedules. Attachment RAR/kh MA NA GE MENT/OPERA TI ONS ,4 GREEMENT THIS AGREEMENT is made and entered into on this~ day of September, 1998, by and between the CITY OF KENAI, an Alaskan home role municipal corporation with offices at 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794 (hereinafter, "City"), and AAI ENGINEERING SUPPORT, INC., a Maryland corporation with offices at York Road at Industry Lane, Hunt Valley, MD 21030 (hereinafter, "ESI"). WITNESSETH. WHEREAS, City planned a Fire Training Center, to enable hands-on training of fire response personnel in scenarios replicating actual emergencies involving aircraft and structural/industrial settings (hereinafter, the "Center"); WHEREAS, ESI has certain technical expertise in the field of firefighter training, including training of personnel and trainers, and the maintenance and operation of fire training equipment; WHEREAS, ESI and City previously entered into a lease agreement to enable ESI, inter alia, to construct a structural/industrial fire training facility on the Center site, in order to enhance the training opportunities available at the Center; WHEREAS, City has constructed an Administration Facility (hereinafter, the "Facility"), which will accommodate classroom training and certain hands-on training for use of apparatus and fire training equipment; and WHEREAS, City desires that ESI accept management of the Center, and ESI desires to perform management of the Center, under the terms and conditions described hereinbelow. NOW, THEREFORE, in consideration of the mutual premises appearing below, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree, as of the date last appearing below, to be bound by the following terms: I. TERM OF AGREEMENT This Agreement shall commence on the date last appearing below, and shall continue until the year 2007, the anticipated termination date of a certain lease agreement for a structural/industrial fire training site (the "Site") between the parties hereto, dated 1 9/22/98 ,1997 (the "Lease"), or to an earlier or later date when the Lease expires due to an extension or sooner termination pursuant to the provisions of said Lease. II. OPERATION OF CENTER BY ESI ESI shall perform the following duties throughout the term of this Management/Operations Agreement (the "Agreement"). In performance of such duties, ESI shall not act as City's agent, except to the extent authorized by this Agreement or subsequent written grant of such authority. ESI shall obtain any and all permits or licenses relevant to its performance of fire training services hereunder. A. Firefighter Training. ESI shall schedule Firefighter Training at the Center on a year-round basis. 1. ESI shall provide to City of Kenai' a) AARF training to City personnel which shall be fully compliant with Part 139 of the Federal Airport Regulations (as amended); and b) Structural/industrial training to City personnel on a class-available and space- available basis at no charge to City. 2. ESI may provide training to third parties, subject to payment to City of profit sharing and classroom fees, as set forth below: a) After gross revenue for AARF training reaches threshold designated below, city shall receive seven percent (7%) of tuition received ("revenue"). The threshold for the first period of performance under this Agreement (from the effective date hereof to December 31, 1998) shall be fifty five thousand dollars ($55,000.00); and the threshold for FY 1999 shall be ninety thousand dollars ($90,000.00). Beyond 1999, the threshold shall be established jointly by the parties each year as part of the process of developing the annual strategic plan described below, provided that the amount of increase shall not, absent extraordinary and unforeseen circumstances, exceed five percent (5%) increase over the prior year's threshold amount. However, the parties recognize that the gross revenue threshold for AARF training was established utilizing certain assumptions which, due to the new Facility, and the lack of operating history of this Center, may require adjustment after the first full year of operation (1999). ESI and City hereby agree to review these assumptions as part of the pertinent annual' strategic plan review, and such 2 9/22/98 review may result in the parties mutual agreement to extraordinary adjustment(s) of the threshold beyond the five percent (5%) limit expressed herein. b) ESI shall pay to City the sum of twenty eight dollars ($28.00) per day for use of each Facility classroom and twenty dollars per day ($20.00) for the use of the lecture room for non-AARF courses provided to third party trainee groups, except for classes consisting entirely of City personnel. If ESI, in training non-City personnel shall require any additional space within the Facility (which is not otherwise designated for ESI's use) ESI shall pay City based upon the application of the square footage cost that was applied by City to compute the fees stated above. Be Equipment~ 1. ESI shall maintain the City-provided equipment, including: (a) that identified on the attached Exhibit B, made a part hereof by this reference; and (b) electrical components of prop controls, operations panels, and training equipment/systems which are part of the Facility, and shall return same to City at the end of the term of this Agreement in substantially the same condition as when' received by ESI, reasonable wear and tear excepted. For lost or damaged equipment items, ESI shall repair or replace City-provided Equipment (listed on the attached Exhibit C, made a part hereof by this reference). 2. ESI shall provide and maintain the following equipment at its sole expense: a) Propane b) Props c) Sensors d) Controls C. Maintenance of Facility. ESI shall provide access to the Facility by City (for inspection purposes) during all normal operating hours (and otherwise by reasonable advance notice). 1) Janitorial services - ESI shall perform or cause to be performed janitorial services within the interior of the Facility, including trash removal, and cleaning of classroom, office, and common areas as required to maintain a neat and clean appearance in the Facility. To the extent any floor space is used by City (or a third-party through City), a pro-rata adjustment shall be made. 2) Utilities - ESI shall pay utilities directly. To the extent any floor space is used by City (or third party through City), a pro-rata adjustment shall be made. 3 9/22/98 3) Routine Maintenance: ESI shall perform or cause to be performed routine maintenance on all incorporated systems, including: waste water pre-treatment (prior to entering the municipal system); water supply; ventilation and air monitoring, propane plant and liquid propane systems, fire extinguisher charging systems, fire suppression and alan'n systems (sprinklers), electrical, elevator systems, pltunbing, heating, ventilation and air conditioning and air systems, emergency breathing systems, communication systems, self-contained breathing apparatus tanks, high pressure charging tanks, and the effluent building structure. This includes any preventive maintenance as may be recommended by manufacturer of system (with information to be supplied to ESI by City upon occupancy) and any emergency service calls. However, it shall be City's responsibility to schedule, at its sole cost, any inspections (annual or special) which may be required to comply or ensure compliance with any regulations. To the extent any floor space is used by City (or third party through City), a pro-rata adjustment shall be made for maintenance of those articles which are in common use. 4) Other Maintenance' Items which are beyond routine maintenance and which are non-emergency repairs to be performed by City shall require notice by ESI to City; emergency repairs may be performed by ESI or a party perfonning at its request, so long as ESI notifies City as soon as possible of such repair(s). 5) Warranty Items. Upon discovery of defective workmanship, defective materials, or evidence of poor design, construction or installation, ESI shall inform City promptly of such item. 6) ESI shall invoice City for any pro-rata adjustments agreed to by the parties. D. Maintenance of Specialized Aircraft Fire Trainer ("SAFT"). ESI shall be responsible to return the SAFT to City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which may be caused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of ESI (including its agents, employees, customers and invitees). E. M~intenance of AARF/A-2000 ("Fuel Spill Trainer"). ESI shall be responsible to return the A-2000 to City in substantially the same condition as existed at the commencement of the term of this Agreement, except for any damage which may be caused by (a) reasonable wear and tear; or (b) events not caused by negligent act or omission of ESI (including its agents, employees, customers and invitees). 4 9/22/98 F. Allnuai Strategic Plan. ESI shall draft an operating plan no later than October 31 during each year of this Agreement, which plan shall set forth the anticipated use of the Center for the upcoming fiscal year. City shall be provided with a copy of the strategic plan. G. Cooperative Marketing Efforts. ESI shall work cooperatively with City to market the Fire Training Center, with the goal of attracting new business for the Center and to retain established clients. ESI will incorporate information and materials made available by City to enable ESI to promote local enterprises of potential interest to Center clients. H. Indemnification. ESI shall save or hold City haxmless from all actions, suits, liabilities, or damages resulting from or arising out of any negligent acts of commission or omission by ESI, its agents, employees, customers, invitees, or caused by ESI's occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. Notwithstanding the fore stated provision, City shall save or hold ESI harmless from all actions, suits, liabilities, or damages to the extent resulting from or arising out any negligent acts of commission or omission by City's tenant, its agents, employees, customers, invitees (the "Tenant"), or caUsed by Tenant's occupation, operation, or use of the Facility, and to pay all costs connected therewith, including reasonable attorney's fees. I. hlsurance. ESI shall obtain and maintain insurance, in amounts not less than those listed below, by insurance companies with acceptable industry ratings, so long as such company is not barred from insuring City assets. All policies or endorsement shall, where possible, name City as additional insured. ESI shall not commence to perform under this Agreement until all required insurance is in full force and effect. ESI shall provide City with certificates of insurance within thirty (30) days of the effective date of this Agreement. Comprehensive general liability combined single limit (death, bodily injury and property damage) Workers' Compensation $10,000,000.00 Statutory Minimum The insurance company shall provide thirty (30) day prior written notice by certified mail to City regarding any cancellation or amendment with respect to City's requirements. ESI expressly understands and agrees that any insurance protection furnished by ESI under this Agreement shall in no way limit its responsibility under this Agreement. 5 9/22/98 J. Compliance with ali applicable regulations. In performing under this Agreement, ESI agrees that it shall comply with all applicable local, state, and federal regulations pertaining to such performance. ESI shall not knowingly permit illegal activities to occur on the Center premises. K. Independent Contractor Status, ESI shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which ESI performs the services required hereunder. Nothing contained herein shall be construed as creating an employment or agency relationship between City and ESI (for the purposes of this Section, ESI shall include its employees, agents, officers, directors, and subcontractors). ESI shall be solely responsible for the compensation (including benefits, if any) paid to said parties. ESI shall determine the appropriate personnel required to perform the duties described herein, and shall select, hire, supervise, and manage such personnel. L. Center Advisory Board. The goal of ESI is to be proactive and quickly respond to any concerns expressed by its client base. On a frequency of not less-than twice per year, ESI shall schedule meetings with the City of Kenai Fire Chief (or designee) and one or more client representative(s) from other outside agencies/clients utilizing the Site. The Board meetings shall be convened by ESI's local manager, with participation by other appropriate ESI management representatives. The agenda for the meeting shall be distributed by U.S. mail, postage prepaid, at least thirty (30) days in advance of the meeting date, and shall be held at the Facility's conference room, or other Facility location. All parties shall be invited to add items to the agenda by notice not fewer than fifteen (15) days prior to the date of the meeting. Each participant shall absorb the costs (if any) of their respective participation in Board activities. III. City shall perform the following duties throughout the term of this Agreement- A. Ingress and Egress. Provide ingress and egress to Facility for ESI, officers, employees, agents, and invitees. B. Exclusive use (except during government-declared local or area-wide emergencies): (1) of Center to ESI for hands-on training on aircraft and structural/industrial settings (including all assigned parking spaces (except four spaces which shall be reserved for third-party tenant) and unrestricted use of the unassigned parking spaces at Center); 6 9/22/98 (2) of Facility (including entire first floor and the following space(s) on the second floor: prop control room, orientation room, library, and non-exclusive use of the conference room, on a scheduled basis) to ESI for classroom and hands-on training. City shall ensure that the use of the second floor space by any third party (non-government entity) is not incompatible with ESI's use of the Facility. C. Managemen, Fee. City shall pay to ESI, a management fee for each year of ESI's operation of the Center, payable as follows: one-fourth (1/4) of fee on April 1 one-fourth (1/4) of fee on July 1 one-fourth (1/4) of fee on October 1 one-fourth (1/4) of fee on January 1 For the period from the commencement date to December 31, 1998, the fee shall be pro- rata based on an annual fee of twenty five thousand dollars ($25,000.00). Termination of this Agreement prior to the end of any fiscal year shall obligate City to pay a pro-rata fee equal to one-twelfth (1/12) of the then-current annual fee, times the number of months not previously paid of ESI's operation during the then-current fiscal year, in addition to any other fees, Penalties, or obligations set forth in this Agreement. D. Payment Terms. City shall pay ESI charges pursuant to this Agreement Section II.C.6. above no later than thirty (30) calendar days following the invoice date. E. City Maintenance of Center Property. City shall provide all major maintenance of the Facility, non-potable water system (as well as systems to carry mn-off from the same), mechanical, electrical and plumbing systems and grounds keeping (including but not limited to landscaping, grass cutting) and snow removal on the access road and parking lot. F. Systems and Equipment. City shall be responsible for the refurbishment and/or replacement of incorporated Facility systems, except prop controls, operations panels, and any classroom training equipment, which shall be maintained in good working order by ESI. City shall provide the Equipment listed on the attached Exhibit C, made a part hereof by this reference, and ESI shall replace the equipment as necessary. G. Non-potable Water for Training..,City shall provide (and maintain--routine and otherwise) adequate fire hydrants and/or other water delivery systems required to deliver non-potable water to the training sites around the Center, as well as the systems for carrying away the mn-off from same. 7 9/22/98 H. Cooperative marketing efforts. City shall work cooperatively with ESI to market the Fire Training Center, with the goal of attracting new business for the Center and to retain established clients. City will ensure the availability of information and materials to enable ESI to incorporate sales, public relations, and local tourism by Center clients. I. Strategic Plan Review. Not later than October 1 of each year during the term of this Agreement, City shall provide to ESI its anticipated training needs for the following fiscal year for inclusion in ESI's strategic plan. Not later than December 1 of each year during the term of this Agreement, City shall review and comment to ESI on the ESI strategic plan for the upcoming year of Center activities. J. Training Vehicles. City shall provide the training vehicles listed on Attachment A, made a part hereof by this reference, at no charge to ESI, for use in ESI's performance hereunder. City shall ensure that the vehicles receive routine service maintenance, annual factory service, and any applicable certifications. City shall provide automobile liability insurance with an insurance company with an acceptable industry rating in the amount of not less than one million dollars per occurrence. City shall provide ESI a certificate of insurance naming ESI as additional insured on such policy. K. Exclusivity. In recognition of the extraordinary investment of time and resources by ESI and City to develop a comprehensive training site, during the term of this Agreement, City shall not contract with nor grant to any third party the fight to provide fire training services for Kenai on the Center's site, unless such training services are being provided to an audience which includes only person(s) employed by the City of Kenai. Furthermore, throughout the term of this Agreement, no fire-related training on the Site shall be scheduled independently by City without prior coordination with the ESI local manager. L. License Applications. City shall assist ESI by providing any information which may be reasonably required by ESI to obtain permits or licenses, or to otherwise comply with local, state, or federal regulations. I_Y_V. Miscellaneous. 1. Assignment: Neither party may assign this Agreement to another party without the prior written permission of the other party, which shall not be unreasonably withheld, except that assignment to a related entity (for City, a local, state, or federal agency and for ESI, a parent, affiliate, or subsidiary) shall not require such approval from the other party. However, no assigmnent shall relieve the original contracting party from its obligations hereunder, and the assignee shall be subject to all terms and conditions of this Agreement. e Default, Rieht to Cure, and Termination. 8 9/22/98 A. Termination. This Agreement may not be terminated, except if such termination occurs under the conditions set forth herein. If either party fails in the observance of performance of any of its covenants and obligations provided for in this contract, the other party may, by written notice, give sixty (60) days after receipt of notice to cure such deficiency. If the defaulting party fails to cure the deficiency within this time, it shall be in default under this Agreement. Notwithstanding the above, if the deficiency is such that it cannot reasonably be cured within sixty (60) days, the contract shall not be in default so long as the defaulting party begins work to cure the deficiency within the sixty (60) day period and diligently prosecutes performance of such work or obligation in good faith to completion within a reasonable time. The Lease and this Agreement are hereby bound together and termination of one shall invoke a termination of the other. C. Funding Shortfall. The City may terminate this Agreement at any time in the event that there are insufficient lawfully appropriated funds for the operation of the Center, without affecting City's obligation to pay all management fees then accrued and owing, provided that, (a) City shall give sixty (60) days notice of such termination, and (b) due to the advance bookings which ESI may have for the Center, at the sole election of ESI, ESI may continue to operate the Center without the Management fee, providing training to Center clients and to City trainees (however, during funding shortfall periods, training of City trainees shall be at a cost negotiated with City prior to such training); © if such funds should be appropriated prior to the original expiration date of this Agreement, ESI shall be entitled to reinstate this Agreement as if no interruption had occurred. D. Accrued Fees. Upon termination of this Agreement by either party, for any reason whatsoever, the parties shall pay to one another fees accrued through the date of termination; but the payment and acceptance of such sums by either party shall be without prejudice to claims by either party for damages arising out of the breach by the other party of this Agreement, including wrongful termination. E. Return of Property. If. at the time of termination, either party has in its possession funds or other property of the other party, such property shall be returned to the owner immediately, but not later than thirty (30) days following receipt of written notice. F. Rights and Remedies. The fights and remedies of the parties contained in this section are not exclusive and are in addition to all other remedies available to the parties at law or in equity. G. Non-waiver. The failure of either party at any time to enforce a provision of this Agreement shall in no way constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part hereof, or the fight of such party thereafter to enforce each and every provision hereof. 9 9/22/98 H. Amendment. This Agreement may be amended only by written agreement executed by the parties. I. Choice of Law. The laws of the State of Alaska shall govern the fights and obligations of the parties under this Agreement. Any action commenced under this Agreement shall be filed in the Third Judicial District at Kenai, Alaska. J. Severability. Any provisions of this Agreement decreed invalid by a court of competent jurisdiction shall not invalidate the remaining provisions of this Agreement, unless such provision is reasonably considered by either party to have a material impact on the financial or operating control of the Center. Should either pan~ reasonably consider an invalidated provision to be material, either party may terminate this Agreement with ninety (90) days prior written notice, subject to all other termination provisions set forth herein or in the Lease. lO 9/22/98 K. Notices. All notices required by this Agreement shall be in writing and shall be sufficiently given and served upon the other party if sent by registered or certified United States mail, postage prepaid, and addressed as follows: IF SENT TO CITY: City Manager City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 or at such other place as the City may, from time to time, designate by notice to ESI. IF SENT TO ESI: AAI Engineering Support, Inc. York Road at Industry Lane P. O. Box 1108 Hunt Valley, MD 21030-1108 IF SENT TO OCCUPANT: Dave Bumett, Director ESI 450 Marathon Road Kenai, Alaska 99611 or at such other place as ESI may, from time to time, designate by notice to City. L. Force Majeure. Except as otherwise provided, neither party shall be obligated to perform hereunder, and neither shall be deemed to be in default, to the extent its respective performance is prevented by fire, earthquake, flood, act of God, strike, picket, or boycott of the Center, riot, civil commotion, or other matter or condition beyond the control of the parties, including the unavailability of sufficient fuel or energy to operate the Center, or any law, ordinance, role, regulation, or order of any public or military authority stemming from the existence of economic controls, riot hostilities, war or governmental law and regulation. M. Integration. This Agreement and all incorporated attachments and appendixes hereto embody the entire agreement of the parties relating to the services to be provided hereunder. There are not promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties. 11 9/22/98 1N WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. PASSED and APPROVED by the City Council of the City of Kenai, Alaska on the day of ,199_. CITY OF KENAI By: Richard A. Ross, City Manager AAI ENGINEERING SUPPORT, INC. By: Title: c~~ ~-.~~ ATTEST: Carol L. Freas, City Clerk APPROVED AS TO FORM Cary R. Graves, City Attomey STATE OF ALASKA THIRD JUDICIAL DISTRICT 12 9/22/98 THIS IS TO CERTIFY that before me the undersigned Notary Public, on the ~day of ,199_, RICHARD A. ROSS, being personally known to me appeared before me and acknowledged the voluntary and authorized execution of the foregoing Operating Agreement for the municipal corporation named and in the capacity indicated in the execution thereof. STATEOF/~~~ ) NOTARY PUBLIC for State of Alaska My Commission Expires' ) SS. HIS TO CERTIFY that before me the undersigned Notary Public, on the .- day of .~~. , 199~, personal.17 appeared j~~--t.{ being personally known to me to be the ~--OA/]~0t.I.O~ , acknowled,~?,.d to me that he signed the foregoing Operating Agreement for and on behalf of/'~ I.,~1~~'l.,]~$ for the uses and rein mentioned. Commission '. STATE OF ALA~ THIRD JUDICIAL DISTRICT for of Maryland THIS IS TO CERTIFY that before me the undersigned Notary Public, on the . day of ,199___, RICHARD A ROSS, being personally known to me, appeared before me and acknowledged the voluntary and authorized execution of the foregoing Operating Agreement for the municipal corporation named and in the capacity indicated in the execution thereof. NOTARY PUBLIC for State of Alaska My Commission Expires: 13 9/22/98 STATE OF MARYL,A~.~ _.. ) JUDICIAL DISTRICT ) THIS..IS TO CERTIFY_ ~at before me. the undersigned Notary Public, on the ~[~ day of 5~' _ of ,1998, personally apl~eared, f~~l~ ~g~t0~~eing personally know to me to be the . ...gOt~//.h~ acknowledged to me t.h.at~he signed the foregoing Operating Agreement for and on behalf of the/~ B~61~ tog , for the uses and purposes therein mentioned. (t/e f Maryland )~,~Rx~r'P~ LIC for th~ tj o ~I Commission Expires:'/)7//2~ ~ l~,2~.~q 14 9/22/98 0 z 0 ~ O0 '~"- ¢0 0 ~ 0 0 0 0 0 0 0 o o z n n z u.I ..~ u.I LU 0 0 ,~ n,' n,' _ ~ 0 n,' n,' z ::~ n w n,' m ~" ~ '~' Q) UJ o o ~~ ~ ~ z w F-- n n n n 0 _j 0 LLi LLI UJ W 'I- W 0 O0 ~ O~ ~ O_ (/) ~ (/) u.. z '¢: 0 0 ~ 0 (s) 0 (/) '-J 0 m w n,' w *~ [z: o ,~ n --~ w ~ ~: . LU ~ ~ ~ 0 Z 0 ..~ ~ ,¢: w ~ I.- z z 0 0 0 0 r~ :::) 0 W (/) 0 Z z ~) 0 (nO Q. (J o o o o o o o o o o n' n' n' n 5 5 5 z a. o o o Z o w w w < Z Z Z o~ :D _ o 0 0 n z ujn < < < w 0 nw Z 5 0 w ~ ~ u.I ! ,~ u.! w 0 ~ -r' (.0 w n ~ n,' n~~-_ 0 ~ 0 m ~ 0 ~ z o Suggested by: Planning & Zoning Comm__ _ CITY OF KENAI ORDINANCE NO. 1797-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REMOVING THE CURRENT KMC 14.20.150 AND REPLACING IT WITH A NEW KMC 14.20.150 THAT IS COMPATIBLE WITH RECENT CHANGES IN THE LAND USE TABLE AND WHICH PROVIDES FOR CLOSER SCRUTINY OF THE EFFECTS OF EACH CONDITIONAL USE PERMIT. WHEREAS, the current KMC 14.20.150 needs clarification to make it compatible with the Land Use Table in the Kenai Zoning code; and WHEREAS, the current KMC 14.20.150 does not provide for consideration of any significant negative impact that the proposed conditional use may have on the value of adjoining property and neighborhood; and WHEREAS, the current KMC 14.20.150 does not provide for review of the proposed conditional use to determine if it is in harmony with the City's comprehensive plan; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that the current KMC 14.20.150 is now replaced with the following' 14.20.150 Conditional use permits. (a) Intent. It is recognized that there are some uses that may be compatible with designated principal uses in specific zoning districts provided certain conditions are met. The conditional use permit procedure is intended to allow flexibility in the consideration of the impact of the proposed use on surrounding property and the application of controls and safeguards to assure that the proposed use will be compatible with the surroundings. The commission may permit this type of use if the conditions and requirements listed in this chapter are met. The allowed uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b} Applications. Applications for a conditional use permit shall be filed in writing with the Planning Department. The application shall include, but is not limited to, the following: 1. Name and address of the applicant; 2. Verification by the owner of the property concerned if other than the applicant; 3. A legal description of the property involved; 4. A description of the proposed use; 5. Dimensioned plot plans showing the location of all existing and proposed buildings or alteration, and such data as may be required; and 6. The appropriate fee. (c) Public Hearing. If the application is in order, a public hearing shall be scheduled in accordance with the requirements of KMC 14.20.280 of this title. (d) Review Criteria. Prior to granting a use permit, it shall be established that the use satisfies the following conditions' 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. (e) Modification of final approval. 1. An approved conditional use permit may, upon application by the permittee, be modified by the Planning & Zoning Commission; a. When changed conditions cause the conditional use to no longer conform to the standards for its approval; b. To implement a different development plan conforming to the standards for its approval. 2. The modification application shall be subject to a public hearing and a filing fee. (f) Expiration - Extensions - Transferability. 1. An approved conditional use permit lapses twelve (12) months after approval if no building permit is procured or if the allowed use is not initiated. 2. The Commission may grant time extensions not to exceed six (6) months each upon a finding that circumstances have not changed sufficiently to warrant reconsideration of the approval of the conditional use permit. A request for an extension must be submitted prior to the expiration of the permit. A public hearing shall not be required prior to granting an extension of time. 3. A conditional use permit shall automatically expire if for any reason the conditioned use ceases for a period of one year or longer. 4. A conditional use permit is not transferable from one parcel of land to another. Conditional use permits may be ORDINANCE 1979-98 Page 2 of 3 transferred from one owner to another for the same use, but if there is a change in use on the property, a new permit must be obtained. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1998. day of October, John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: October 7, 1998 October 21, 1998 November 21, 1998 (9 / 9.8 / 98 sp) ORDINANCE 1979-98 Page 3 of 3 Suggested by: Admmistratic, City of Kenai ORDINANCE NO. 1798-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEN~, ALAS~ APPROPRIATING $45,000 IN THE SENIOR CITIZEN - BOROUGH GRANT FUND FOR THE PURCHASE OF A HANDICAP ACCESSIBLE VEHICLE. WHEREAS, the City does not own an American With Disabilities Act (ADA) approved handicap accessible vehicle; and WHEREAS, the Senior Connection has pledged $10,000 toward the purchase of this vehicle; and WHEREAS, the remaining balance of $35,000 is available in the fund balance of the Senior Citizen- Borough Grant fund; and WHEREAS, additional grants and donations will be sought to minimize the impact on fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following appropriations be made: Senior Citizen - Borough Grant Fund Increase Estimated Revenues: Appropriation of Fund Balance Donations $35,000 10,000 $45,000 Increase Appropriations' Machinery & Equipment $45.000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of October, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (9/30/98) id Introduced: Adopted: Effective: October 7, 1998 October 21, 1998 October 21, 1998 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 M emoranClum Date: To: Froml September 30, 1998 Mayor and City Council Richard A. Ross, City Manager Senior Services- Handicap Van The City of Kenai does not have an Americans with Disabilities Act (ADA) approved handicap accessible vehicle. For the past several years, the Senior Center has attempted to acquire one through direct legislative grant without success. Ms. Porter has proposed that the City purchase an ADA approved handicap accessible van through funding raised by the Senior Connection, a Rasmusson Grant, and appropriation from the Senior Program Fund Balance. The estimated cost of a commercial vehicle style handicap van is approximately $45,000. This would be similar to the small airport style passenger vans. The present van with a wheelchair lift would be converted back to a standard van configuration and would replace the 1985 Ford Van, which will be taken out of service. This van has more than 250,000 miles on it and the Shop recommended it be replaced. Senior Connection has pledged $10,000 to the project and individual seniors have donated. The proposed appropriation of $35,000 from the Senior Fund Balance will be offset by the Rasmusson Grant if awarded and any donations received. RAR/kh CITY OF KENAI KENAI SENIOR SERVICES 361 SENIOR COURT KENAI, ALASKA 99611 (907) 283-4156 MEMORANDUM TO: Richard Ross City Manager FROM: Pat Porter Director DATE' September 3, 1998 REFERENCE: Purchase of Vehicle mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm! For the past several years we have requested ftmd~g from the State of Alaska to purchase a new handicap vehicle. The van we currently use is not ADA approved and is cumbersome for our staff and volunteers to operate. The State has not been able to provide the necessary dollars to accommodate our request and yet our need remains the same. I have been working with Mike Lohry to identify the type of vehicle which would meet our short and long term transportation goals. He has selected a commercial airport model which would accommodate both ambulatory and handicap individuals for many years to come. This vehicle is estimated to cost between $45-47,000. I would like permission to transfer $35,000 from our unencumbered fund balance. The remaining funds would come from the Kenai Senior Connection and private donations. I have attached a copy of the brochure Mike has used for reference for your review. Kenai Senior Connection III II I I I Minutes September 28, 1998 Members present: Billie Huddleston, Betty Nelson, Buck Steiner, Nancy Burton, Lucy Volk, Sylvia Johnson, Paul Padill~ Virgina Poore, Betty P. The meeting was called to order at 10'05am. Minutes' read. The minutes from the prior meeting were read and approved as Treasurer Report: $120,000 in Vanguard Account $1488.00 - computer including delivery Received and approved Old B usin ess Tables to be set up during Garage Sale and Unocal Thanksgiving diner, Drawing that night Raffle: no one wants to sell tickets New Business Garage Sale & Bake Sale: Kathy per Mayor Williamson and suggested we have a garage sale and funds go to the United Way on October 13, 14, 15. Kathy explained how United Way works and how funds are remmed to us. Lawn mowing & bake sale - B illie Huddleston made motion to award $400.00 be paid for lawn mowing, Buck Steiner seconded the motion. Motion was approved by unanimous consent. Van - B i I lie Huddleston made motion that moneys in the amount of $10,000.00 be donated to the City of Kenai for the purchase of a new van. Buck Steiner seconded the motion. Motion was approved by unanimous consent. Funds out of Vanguard account. Sylvia Johnson made motion to transfer funds for Christmas flowers to the City of Kenai, Betty Nelson seconded the motion. Motion was approved by unanimous consent. Meeting adjourned by Buck S teiner - seconded by Betty Nelson. Respectfully submitted, NanCy Burton Secretary Kenai Senior Cept,er Ford Van Dodge Van Dodge Van Dodge Mini Chev Van Chev Wagon 1985 1987 1988 1989 1995 (wheelchair van) 254,257 91,287 132,008 60,071 15,766 17,344 Suggested by: AdministraUon CITY OF KENAI ORDINANCE NO. 1799-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 6.05 BY ADDING SECTION 6.05.145 ENTITLED, "ABSENTEE VOTING IN PERSON." WHEREAS, it is in the best interest of the City of Kenai to include in the Kenai Municipal Code more definitive instructions for absentee voting in person; and, WHEREAS, these instructions will aide in successful absentee balloting for regular and special City of Kenai elections; and, WHEREAS, the amendment will codify existing voting practices within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code, Chapter 6.04 be amended by adding section 6.05.145 entitled, "Absentee Voting in Person" as follows: 6.05.145 Absentee Votin~ In Person: (a) A qualified voter may a~)l~ly in person for a n absentee ballot at the office of the City Clerk during regular office hours, or the voter may apply to the Borou,~h Clerk's office or absentee voting official in his area during regula_r office hours. {b} On receipt of an application in person for an absentee ballot and exhibition of proof of identification as required in this title, the Clerk shall issue the ballot to the applicant. (c) The voter shall proceed to mark the ballot in secret, to place the ballot in the small envelope, to place the small envelope in the la_rger envelope in the presence of the election official who shall sign as attesting official and date of his signature. The election official shall then accept the ballot. {d) The election official may not accept a marked ballot that has been exhibited by an absentee voter with intent to influence other voters. If the absentee voter improperly marks or otherwise damages a ballot, the voter may request, and the election official shall provide him with another ballot up to a maximum of three. Exhibited, improperly marked, or damaged ballots shall be destroyed. The numbers of all ballots destroyed shall be noted on the ballot statement. (e) Each absentee voting official shall keep a record of the names and the signatures of voters who cast absentee ballots before him and the dates on which the ballots were cast. Ordinance No. 1799~98 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of October, 1998. Attest: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: October 7, 1998 Adopted: October 21, 1998 Effective: November 21, 1998 Suggested by: Admmisu ...... CITY OF KENAI ORDINANCE NO. 1800-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 6.05 TO ALLOW AND SET PROCEDURES FOR SPECIAL ELECTIONS BY MAIL BY ADDING SUBSECTIONS 6.05.300 THROUGH 6.05.340. WHEREAS, it is in the best interest of the City of Kenai to have the ability to hold special elections by mail; and, WHEREAS, because ballots would be marled to all registered voters within the city for a special election, by-marl elections may result in increased voter turnout; and, WHEREAS, holding special elections by mail has the potential of less cost due to using fewer election workers, supplies, advertising costs, etc. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that KMC 6.05 is amended to include subsections 6.05.300 through 6.05.340, providing for special elections by mail, as set forth in Attachment A herein. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of October, 1998. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: October 7, 1998 October 21, 1998 November 21, 1998 (9/29/98 sp) Sections: 6.05.010 6.05.020 6.05.030 6.05.040 6.05.050 6.05.060 6.05.070 6.05.080 6.05.090 6.05.100 6.05.110 6.05.120 6.05.130 6.05.140 6.05.150 6.05.160 6.05.170 6.05.180 6.05.190 6.05.200 6.05.210 6.05.220 6.05.230 6.05.240 6.05.250 6.05.260 6.05.270 6.05.280 6,0~5,300 6.05.310 6,05,320 6.05.330 6.05.340 Chapter 6.05 VOTING QUALIFICATIONS AND PROCEDURES Qualifications for Voters. Registration. Precinct and Polling Place. Precinct Board. Compensation of Election Personnel. Watchers. City Clerk to Supervise City Elections. City Clerk to Prepare and Furmsh Ballots. Ballot Boxes, Voting Booths. Notice of Elections; Regular and Special. Conducting an Election; Canvassing Returns. Establishment of Canvassing Board and Procedures. Tie Votes. Absentee Voting. Absentee Voting-Application. Absentee Voting; Ballots. Absentee Voting; Canvassing Ballots. Voting- Authorized. Voting- Boards. Voting - Use of Computers. Voting- Tests and Security. Recount of Votes; Application. Appeal to the Courts After Recount. Election Contests. Rules and Regulations. City Election Time. Offenses and Penalties. Record Retention. Voting by Mail, Ballots, Ballot Review, Ballot. Envelopes. Castine Ballots. Notice of Election, Election Date, Public Notice. Absentee Voting Officials, Duties. Storing Ballots. ELECTIONS BY MAIL ORDINANCE NO. 1800-98, Attachment A Page 1 of 3 6.05.300 Voting by mail. ballots, ballot review, ballot envelopes. (a) The City Clerk may conduct a special election by mail. (b) When the Clerk conducts a special election by mail, the Clerk shall send a ballot to each person whose name appears on the official voter registration list prepared under AS 15.07.125 for that election. The ballot shall be sent to the address stated on the official registration list unless the voter has notified the Clerk in writing of a different address to which the ballot should be sent. The Clerk shall send ballots by first class, non-forwardable mail on or before the 22~ day before the election. (c) The Clerk shall review ballots voted under this section under procedures established for the review of absentee ballots. (d) There shall be a small blank envelope and a return envelope supplied to each by- mail voter. The return envelope shall have printed on it an affidavit by which the voter shall declare his qualification to vote, followed by provision for attestation by two attesting witnesses, who are at least eighteen (18) years of age. Specific instructions for voting a by-mail ballot and a list of the appointed absemee voting officials, their hours and locations, will be mailed to each voter with the ballot. 6.05.310 Casting ballots. (a) Upon receipt of a mail-in ballot, the voter shall cast his ballot in the manner specified in KMC 6.05.014-160. If the ballot is cast in the Clerk's office, the Clerk shall retain it for delivery to the canvas board. If the ballot is cast in another location, the voter shall return it by mail to the Clerk immediately for delivery to the canvas board. (b) A voter who does not receive a mail-in ballot may cast his ballot in person as specified in KMC 6.05.145, (c) A voter may return the mail-in ballot to the City Clerk as provided in KMC 6.05.160. 6.05.320 Notice of election, election date, public notice. (a) The notice of election calling for the election must state that the election is to be conducted by mail and that there will be no polling place open for regular in-person voting on election day. In a by-mail election, Election Day is the deadline by which a voter's ballot must be received by the Clerk. (b) For each election conducted by mail, the public notice will be given as set forth in KMC 6.05.100. 6.05.330 Absentee voting official and duties. (a) The City Clerk, or her designee, shall act as absentee voting official. (b) The duties of the absentee voting official shall be as follows: 1. Provide absentee voting in person on any date, including the day of the election, and absentee voting through a personal representative on any date, including the day of the election, and have until the day of the election to return the ballots. 2. Sign a voter's by-mail oath and affidavit envelope as an authorized attesting official, except that the absentee voting official may not attest his or her own ballot. 3. Accept receipt of a by-mail voter's hand-delivered voted ballot, which has been sworn to, attested and sealed in the by-mail return envelope. ELECTIONS BY MAIL ORDINANCE NO. 1800-98, Attachment A Page 2 of 3 4. Provide general voter assistance, including but not limited to, assistance to a qualified voter who cannot read, mark the ballot, or sign his name, and providing replacement ballots to voters who have improperly marked or damaged their ballots. 5. Date-stamp all ballots received. 6. Provide for the security and safekeeping of all ballots received and present those ballots to the Clerk for canvassing. 6.05.340 Storing ballots. The Clerk shall provide for the secure storage of the mail- in ballots received from the voters and by-mail officials until the date set by the Clerk for the couming of the ballots. ELECTIONS BY MAIL ORDINANCE NO. 1800-98, Attachment A Page 3 of 3 Suggested by: Administration City of Kenai ORDINANCE NO. 1801-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA APPROPRIATING $113,000 FOR IMPROVEMENTS AT CUNNINGHAM PARK. WHEREAS, Kenai River Sportfishing, Inc. has generously offered $100,000 to make certain improvements at Cunningham Park; and WHEREAS, the design of the project is estimated to cost $12,000; and WHEREAS, administration is estimated at $1,000; and WHEREAS, it is in the best interest of the City to accept the donation and appropriate the balance from the General Fund fund balance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of fund balance Increase Appropriations: Non-Departmental- Transfers Out $13 ~000 $!3,000 Cunningham Park Capital Proiect Fund Increase Estimated Revenues' Transfer from General Fund Donations Increase Appropriations: Administration Engineering and Design Construction $ 13,000 100,000 $113,000 $ 1,000 12,000 100,000 $113,000 Ordinance No. 1801-98 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of October, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (10/1/98) kl Introduced: Adopted: Effective October 7, 1998 October 21, 1998 October 21, 1998 Suggested by: Counc~ CITY OF KENAI ORDINANCE NO. 1802-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAStCA, REMOVING FROM THE KENAI MUNICIPAL CODE THE WORD "ADVISORY" FROM THE NAMES OF THE HARBOR AND LIBRARY COMMISSIONS AND DELETING THE NAME "ADVISORY" FROM CERTAIN REFERENCES TO THE PLANNING & ZONING COMMISSION. WHEREAS, currently some of the City of Kenai commissions are designated "Advisory" and some are not; and WHEREAS, the Library Commission and Harbor Commission play important roles in the City of Kenai; and WHEREAS, it is in the best interest of the City of Kenai to remove the term "Advisory" from the names of these commissions; and WHEREAS, the Planning & Zoning Commission was formerly known as the "Advisory Planning & Zoning Commission;" and WHEREAS, the name of the Planning & Zoning Commission was changed when the Borough gave the City planning and zoning powers, and these references were not deleted from the code at that time; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska: Section One: KMC 1.57 is hereby amended by deleting the word "Advisory" from the name of the Library Commission. Section Two: KMC 11.10 is hereby amended by deleting the word "Advisory" from the name of the Harbor Commission. Section Three: The following sections of the Kenai Municipal Code are hereby amended by deleting the word "Advisory" from the name of the Planning & Zoning Commission' o 2. 3. 4. 5. KMC 1.05.020(b)(5) KMC 11.20.040 KMC 11.20.070(a) KMC 21.10.035(c) KMC 21.10.060(a), (b), (c) and (d) Ordinance 1802-98 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1998. day ofOctober, John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: October 7, 1998 October 21, 1998 November 21, 1998 sp) CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 M emoranclum Date' To: Froml October 1, 1998 Richard Ross, City Manager ~ Klm Howard, Administrative Assistant~/¢~' Assignment of Lease - James F. Adolf, Lot 3, Block 4, General Aviation Apron Mr. Adolf has requested approval of the attached Assignment of Lease for the above-described property to Bob's Pawn, Inc. and W.W. Wilson, III. A map showing the location of the property is attached. The lease states, "Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or in part, its rights as Lessee hereunder." In February 1997, the Council approved a security assignment between Mr. Adolf and Bob's Pawn, Inc. and W.W. Wilson, III. Mr. Wilson's intent is to find another user for the hanger and lease or sell the building. He is aware the new transfer will require the City's approval. The City Attorney has reviewed the proposed agreement and has no objections to the document. The lessee is current in lease payments and property taxes on this property. If Council approves the transfer, a Consent to Assignment agreement can be prepared for your signature. Does the Kenai City Council approve the Assignment of Lease? Cc' W.W. Wilson, III Attachments /kh Subject Property I t AS S I GNMENT OF L~A~E This assignment is entered into between JAMES F. ADOLF, P.O. Box 370, Kenai, Alaska 99611 (Assignor) and BOB'S PAWN, INC. and W.W. Wilson, III, Individually, 3920 Mt. View Drive, Anchorage, Alaska 99508 (Assignee) . Assignor does hereby assign and transfer all of his interest in the leasehold estate' as evidenced by that; certain Lease A~reement with the CITY OF KENAI as Lessor, recorded September 11, 1992 at Book 405, Pa~e 409, Kenai Recordin~ District, and coverin~ the following-described property- Lot Three (3) , Block Four (4) , General Aviation Apron, according to Plat No. 73-68; to Assignee to have and to hold the same from the date hereof, for and during all of the remainder yet to come of the term of said Lease Agreement. Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto set his hand and seal this day of , 1998. ASSIGNOR- By- JAMES F. ADOLF ASS IGNEE- INDIVIDUALLY- BOB' S PAWN, INC. By: . By' W.W. Wilson, III Assignment of Lease - Page 1 of 3 Title. ATTEST. Name Title STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ..... day of , 1998, JAMES F. ADOLF, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of th~ foregoing instrument. Notary Public for Alaska My Commission Expires. STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1998, W.W. WILSON, III, President, Bob's Pawn, Inc., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires. Assignment of Lease - Page 2 of 3 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1998, . , bein~ personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires- Assignment of Lease - Page 3 of 3 October 7, 1998 John S. Tolley, Chief Planning & Administration Alaska Department of Transportation & Public Facilities P.O. Box 196900 Anchorage, AK 99519-6900 RE: DEVELOPIHENT OF A WAYSIDE PARE AT BIRCH ISLAND, IG~NAI, ALASKA LETTER OF $ UPPOR T At their regular meeting of October 7, 1998, the Kenai City Council reviewed and discussed information regarding the development of a wayside park at Birch Island in Kenai, Sections 15 and 16, T5N, RI 1W, Seward Base and Meridian. Because of the dual ownership of the Island property by the City of Kenai and the State of Alaska, the park would be established through a joint venture effort of the City of Kenai and the Alaska Department of Parks & Outdoor Recreation. It is understood, the park would include turnouts, parking, rest room facilities, boardwalks, viewing platforms and interpretative signage. Because Birch Island is located beside the Ken. ai River, and because of its rich cultural and architectural history and archeological significance, it is an excellent area to be used as an outdoor classroom for school children as well as for other visitors to Alaska. Study groups and visitors would be able to visit the many barabaras located at Birch Island, observe the educational fishery presented by the local Native community, and view the panoramic view of Cook Inlet, Mt. Redoubt, Mt. Illiamna, and Mt. Spur. In the Spring, the area surrounding Birch Island is a stopover for Arctic Snow Geese and other specimens of wild fowl. Through the signatures below, the Kenai City Council supports the development and construction of a wayside park at Sections 15 and 16, T5N, RI 1W, Seward Base and Meridian (property laying south of the Kenai River Bridge and to the east and west of Bridge Access Road known as at Birch Island) and urges the State of Alaska to fund and construct the park for the cultural, historical, and economic benefit of the citizens of the City of Kenai and the State of Alaska. John S. Tolley, Chief, Planning & Administration Alaska Department of Transportation & Public Facilities October 7, 1998 Page 2 For the establishment of the park, the City of Kenai, being part owner of the property and upon agreement of both parties, will sell to the State of Alaska for One Dollar and XX/100 ($1.00) and other good and valuable considerations, any and all right, title, and interest that it may have to the above-described property. The City of Kenai will also make available easements necessary to maintain the property with the understanding the long-term maintenance of the facility shall be that of the State of Alaska. A resolution in support of the information included in this letter will be brought forward to the Kenai City Council at their regular meeting of October 21, 1998 and forwarded to the State of Alaska upon its passage. John J. Williams, Mayor H. Raymond Measles, Vice Mayor Linda Swarner, Council Member Hal Smalley, Council Member James C. Bookey, III, Council Member Duane Bannock, Council Member Joseph Moore, Council Member ATTEST: Carol L. Freas, City Clerk Suggested by: City Council CITY OF KENAI RESOLUTION NO. 98- A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING A JOINT VENTURE EFFORT OF THE CITY OF KENAI AND THE ALASKA DEPARTMENT OF PARKS & OUTDOOR RECREATION IN DEVELOPING A WAYSIDE PARK AT BIRCH ISLAND. WHEREAS, the State of Alaska and the City of Kenai, as owners of that portion of Section 15 and 16, Township 5 North, Range 11 West, Seward Base and Meridian, known as Birch Island, are desirous of joining with the Department of Parks & Outdoor Recreation as a joint venture to develop a wayside park, including turnouts, parking, rest room facilities, boardwalks, viewing platforms and interpretative signage, all within the City of Kenai; and, WHEREAS, the City of Kenai, its citizens and council, recognize the proposed area of construction is rich in cultural and architectural history and archeological significance, having been an historical fishing area for more than 1,000 years; and, WHEREAS, the same area is potentially rich in anthropological and archeological data because of the many barabaras located within the area known as Birch Island and can and should be used by the many students of the schools located, not only in the Kenai Peninsula Borough, but the rest of the State, as well as an outdoor classroom of history and culture; and, WHEREAS, the local Native community whose roots go back more than 1,000 years have, for many years, used the area as a test and educational fishery for the younger generations; and, WHEREAS, in later years, the area has become a fishery for local citizens for several species of salmon and hemng fish; and, WHEREAS, the entire area offers one of the most aesthetically pleasing views and an unparalleled panoramic view of Cook Inlet, Mt. Redoubt, Mt. Illiamna, and Mt. Spur, as well as being recognized as one of the most important flyways and stopovers in the country for the Arctic Snow Geese during their flight to the Wrangell Islands; and, WHEREAS, in 1987 the City of Kenai teamed with the Kenai Chamber of Commerce, State of Alaska, and citizens of the community in a volunteer effort to create the beginning of a boardwalk and viewing area on the city-held portion of the Kenai River Flats and has maintained the viewing area continuously since that time. Resolution No. Page 2 NOW, THEREFORE, 13E IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai urges the State of Alaska to fund and construct that portion of the project that lays to the South of the Kenai River Bridge and to the East and West of Bridge Access Road, to be used for the cultural, historical, and economic benefit of the citizens of the State of Alaska, the City of Kenai and the entire Kenai Peninsula area; and, · BE IT FURTHER RESOLVED, that the City of Kenai, being part owner of the area known as Birch Island, upon agreement of both parties to construct the aforementioned project, will sell to the State of Alaska for One Dollar and XX/100 ($1.00) and other good and valuable considerations, any and all right, title, and interest that it may have in the property known as Birch Island and easements necessary to maintain the Island and its surrounding property with the understanding that the long term maintenance of the facility shall be that of the State of Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this October, 1998. ~th day of John.J. Williams, Mayor H. Raymond Measles, Vice Mayor Linda Swarner, Council Member Hal Smalley, Council Member James C. Bookey, III, Council Member Duane Bannock, Council Member Joseph Moore, Council Member ATTEST: Carol L. Freas, City Clerk DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS OFFICE OF THE COMMISSIONER September 15, 1998 ,~ P.O. BOX 112100 JUNEAU. ALASKA 991. PHONE: (907) 465-.. __ FAX: (907) 465-2948 333 W. 4TH AVENUE. SUITE 220 ANCHORAGE, ALASKA 99501-2341 PHONE: (907) 269-4500 FAX: (907) 269-4520 The Honorable John Williams Mayor City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 Dear Mayor Williams' RE: FY 99 SAFE COMMUNITIES PAYMENT I am pleased to provide you with your municipality's FY 99 Safe Communities payment in the amount of $324,281. As requested, your payment was deposited into the municipality's bank account (deposit receipt enclosed). Please be aware of the following statutory requirements regarding the use of your Safe Communities payment. Alaska Statute 29.60.350 states in part: (c) Money from the revenue sharing for the safe communities program distributed to a municipality shall be used by that municipality only for the following services in the following ranking of priority: (1) police protection and related public safety services; (2) fire protection and emergency medical services; (3) water and sewer services not offset by user fees; (4) solid waste management; (5) other services determined by the governing body to have the highest priority. (d) Subsection (c) of this section may not be construed to require a municipality to fund all requests, it receives for services in a category with a higher ranking of priori~ before funding services in a category with a lower ranking of priority. Additionally, if your municipality levies and collects property taxes, AS 29.45.020 requires that your Safe Communities payment be reported on the "Notice to Taxpayer". Should you have any questions regarding your payment, please call Bill Rolfzen, Program Administrator, at 465-4733. Enclosure Sincerely, -~ Commissioner ~'~ printecl on recyclecl paper DEPARTMENT OF COMMUNITY' AND REGIONAL AFFAIRS MUNICIPAL & REGIONAL ASSISTANCE DIVISION 333 W. 4TH A VENUE, SUITE 220 ANCHORAGE, ALASKA 99501-2341 PHONE: (907) 269~1500 FAX: (907) 269-4539 P.O. BOX 112100 JUNEAU, ALASKA 99811-2100 PHONE: (907) 465~1750 FAX: (907) 465-2948 P.O. BOX348 BETHEL, ALASKA 99559~0348 PHONE: (907) 543-3475 FAX: (907) 543-4152 209 FORTY MILE A VENUE FAIRBANKS, ALASKA 99701-3110 PHONE: (907) 452-7126 FAX: (907) 451-7251 September 25, 1998 P.O. BOX 350 KOTZEBUE, ALASKA 99752~)350 PHONE: (907) 442-3696 FAX: (907) 442-2402 P.O. BOX 790 DILLINGHAM, ALASKA 99576-0790 PHONE: (907) 842-5135 FAX: (907) 842-5140 P.O. BOX 1068 NOME, ALASKA 99762-1068 PHONE: (907) 443-5457 FAX: (907) 443-2409 CERTIFIED/RETURN RECEIPT REQUESTED Z 257 496 662 The Honorable John J. Williams Mayor of Kenai 210 Fidalgo Ave., Ste. 200 Kenai, AK 99611 Dear Mayor Williams: ~=: 1998 FULL VALUE DETERMINATION As required by AS 14.17.140 (Public Schools Foundation Program) and AS 29.60.010 (State equalization of tax resources for municipal services), the Department of Community and Regional Affairs has determined that, as of January 1, 1998, the full and true value of taxable real and personal property within your municipality is as follows: Real Property: Personal Property: State Assessed Property (AS 43.56)' TOTAL: $309,509,300 $ 89,061,800 $ 5,124,730 $403,695,830 This full value determination may be appealed administratively by you within fifteen (15) days of receipt of this notice under the provisions of 19 AAC 30.092. In addition, AS 14.17.140 also allows for judicial review of the determination. If you have any questions concerning our full value determination for 1998, please contact our office at 269-4605. Sincerely, Steve Van Sant State Assessor Kenai Peninsula Borough School District Superintendent Commissioner of Education 21-P4LH -.: · -.. i SEP 2 9 1998 · CITY OF KENAI "V'dlage with a past - City with a Yuture. " BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES, COMMISSIONS ~k BOARDS DATE: NAME: Resident of the City of Kenai? How long? Residence Address Mailing Address Business Address EMPLOYER: Job Title Telephone No. Home Fax No. Telephone No. Business Fax No. NAME OF SPOUSE: Current membership in organizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? Signature ii iiii Jl I i ii i ii i! ii II I ii Kenai Municipal Airport Enplanements I September 1998 8,172 I I II I III O% 8,172 1998 Monthly Enplanements Month ERA SCA YUTE Jan 6,664 1,266 493 Feb 6,073 1,379 68 Mar 7,151 1,474 0 Apr 6,600 1,330 0 May 7,060 1,540 0 Jun 8,497 1,617 0 Jul 10,845 2,225 0 Aug 9,827 950 0 Sep 9,172 0 0 Oct 0 0 Nov 0 0 Dec 0 0 Totals 71,889 11,781 561 Monthly Totals 8,423 7,520 8,625 7,930 8,600' 10,114 13,070' 10,777 9,172 0 0 0 84,231 NOTE: Yute started service May 24, 1997 Yute ends service February 7, 1998 [NOTE: SCA .....ends service August 15, 1998 o . o . INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 7, 1998 8/98 Kenai Fire Department Consolidated Monthly Report. 9/24/98 Peninsula Winter Games thank-you for the City's contribution to the 1998 Peninsula Winter Games. 9/98 Resource Development Council, Inc., Resource Review. 1998 Land Sale -- Five Irons Heights Subdivision Lots Bid Brochure. KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CLASSIFICATION OF ALARMS Month' August 1998 t H~S I LAST MONTH , MONTH ITHtS MON.ILAST yEIAR~THIS YEA.R ~As~' ~'~'~l ~'o o,,~ I ~o v^~ Airport 0 3 0 3 8 Structural 3 1 2 12 10 Out Buildings 0 0 0 ' 2 1 Brush or Grass 3 0 1 ' i 2 11 Forest 0 0 0' 0 0 ,DumPsters 0 i 0 3 2 'Vehicles ' I 1 0 10 10 Hazardous Materials 0 1 2 5 17 Alarm Malfunction 0 1 1 9 7 Good Intent 3 1 5 24 15 ~escue Asst. 5 8 7 30 28 'Mutual/Auto Aid ~2 0 3 26 27 Miscellaneou.~_._.~__.~~s ~~0 ~0 ~3~8 ~0 Rescue Routine Trans ort Good Intent Mutual Aid 44 56 56 335 3 0 2 348 4 -t- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CAUSES OF FIRES Month' August 1998 NUM. I EsT. LOSS THIS YEAR TO DATE NUM. I EST. LOSS lin Buildings & Mobile Homes . . " Chimneys, Soot, Flues 1 0 $0.00 2 $:>~, 500.00 Sparks 0 0 $0.00 0 $0.00 Defective Heaters 0 0 $0.00 0 $0.00 , Combustibles Near Heaters 0 0 $0.00 0 $0.00 Open Lights, Flames 0 1 $25,000.00 0 $0.00 , , Hot Ashes 0 1 $50,000.00 0 $0.00 Oil burners/Furnaces 0 0 $0.00 0 $0.00 Careless Sm .oking 0 1 $0.00 1 $15,000.00 , ..Children With Matches .. 0 0 $0.00 1 $0.00 Careless Use Of Matches 0 0 $0.00 0 $0.00 Defective Electrical Wiring 0 3 $661,500.00 0 $0.00 Appliances & Motors/Elec. 1 1 $0.00 2 $8,050.00 ,,, , ,,, Flammable liquids 0 0 $0.00 0 $0.00 Cooking Appliances 1 4 $11,000.00 4 $525.00 Rekindle 0 1 $30,000.00 0 $0.00 , Spontaneous Ignition 0 0 $0.00 0 $0.00 Fireworks 0 0 $0.00 0 $0.00 , :Tools (Cutting, Welding) 0 0 $0.00 0 $0.00 Incendiary 0 1 $25,000.00 0 $0.00 Misc. Known Causes 0 0 $0.00 0 $0.00 Suspicious ..o 0 $0.00 0 $0.00 Unknown 0 0 $0.00 0 $0.00 Total Building Fires i ,,31' 13I $a02,?oo. oo t lo t $48,07S,.00 t -2- KENAI FiRE DEPARTMENT CONSOLIDATED MONTHLY REPORT CALLS BY DAY OF WEEK Month: August 1998 SUN. MON. TUES. WED. THURS. FRI. SAT. 12 7 10 7 7 11 8 TOTAL 62 CALLS BY TIME OF DAY Month: August 1998 0000 0100 0200 0300 0400 0500 0600 4 4 1 1 0 1 1 0800 0900 1000 '11 O0 1200 1300 1400 1 4 1 5 3 3 3 0700 1500 1600 1700 1800 1900 2000 2100 2200 2300 5 3 TOTAL CALLS 621 -3- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT OCCUPANCY TYPE Month' August 1998 THIS' YEAR TO DATE INSP. I FIRES! $ LOSS LAST YEAR TO DATE · INSP. 1 FIRESI .$ LOSS 'PU I::iLi(5 Local Government State Government Federal Government Schools Pre-Schools Churchs Amusement/Recreation , UWI:LLIN~5 Hotels/Motels ', Lod. ging Apartments/Multi Dwellings S tores/Dwel I i ngs Four Plex's 3 2 3 2 4 0 0 0 0 0 0 0 0 $O.oo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0 2 0 8 1 2 2 0 0 0 0 0 0 $0.00 $0.00 $o.oo $0.00 $0.00 $0.00 $0.00 , , , 4 1 $8,000,00 0 1 $0,00 , , 2 0 $0.00 0 0 $0.00 , 13 3 $15,025.00 0 2 $0.00 0 3 $22,550.00 0 ' 4 $86,000.00 0 0 $0.00' 0 0 $0.00 15 0 $0.00 0 0 $0.00 Mobile Homes 0 1 $300.00 0., 2. $31,000.00 MI=.~cANrlLE ' 'Office Building 12 0 $0.00 9 ' 2 " $500.00' Small Retail Stores 9 ' 0 $0.00 28 1 $660,000.00 Restaurant/Bars 16 1 $0.00 1 ' '0 $0.00 Large Single Mercantile 0 0 $0.00 6 1 $25,000.00 Storage Warehouses 0 0 $0.00 1 0 $0.00 Malls 0 0 $0.00 0 0 $0.00 Lodges 0 0 $0.00 0 0 t $0.00 IL~GHi iNUU,STRIAL ' ' ' I wood working o 1 $2oo.oo I 1 0 $0.00 Metal Fabricati°n 0 ' 0 $0.00 2 0 $0.00 Misc. Manufacture ' I 0 $0.00 0 0 $0.00 LUmber Yards 0 0 ' $0.00 '0 0 $0.00 Filling Stations 0 0 $0.00 0 0 $0.00 Repair Garages 0 0 $0.00 1 0 $0.00 Aircraft Hangers 1 0 $0.00 0 0 $0.00 IHb, AvY INDUSTRIAL " " ' I Chemical Works ' 0 0 $0.00 ' 0 0 ' $0.00 Petroleium Plants 0 0 $0.00 1 0 $0.00 Wharf Properties ' 0 0 SO. od 0 0 $0. o0 FiSh Processing 4 0 $0.00 5 0 $0.00 Refi ne~ies 0 0' $0.00 0 0 $0.00 Misc. Structures 0 0 $0.00 0 0 $0.00 94 t0 KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT BUREAU OF FIRE PREVENTION Month: August 1998 MONTH MONTH I LAST YEARI TO DATE , TO DATE Pendi Letters ~pections Violations Noted Notice of Violations Issued Violations Corrected Extensions Granted Extensions Denied Fire Drills Su ' Fire Prevention Classes Station Tours Total Class Audience Total Tour Audience Burning Permits Issued Land Clearing Permits Court Actions Instituted Arrest (Resulted From) Convictions laints Recieved laints Acted On Fire Watches Ordered Accidental Fires Invest. 'cious Fires Invest. Total Invest ations Plan Reviews Conducted 0 31 4 39 13 21 0 0 0 0 2 0 20 30 0 0 0 0 0 0 0 3 0 3 0 0 19 3 20 8 28 1 0 0 0 3 0 61 37 0 0 0 0 2 2 0 0 1 1 1 0 5 0 0 0 0 0 0 0 2 2 0 14 32 0 0 0 0 0 0 0 0 0 0 1 55 7O 9 2O 10 21 0 0 1 34 29 847 422 2O8 0 5 5 0 8 8 0 2O 10 3O 9 19 94 17 113 4O 74 1 0 1 26 21 233 297 274 0 0 0 0 13 15 0 13 8 21 3 · _ 4 I 132~ -5- KENAI FiRE DEPARTMENT CONSOLIDATED MONTHLY REPORT DIVISION OF TRAINING MONTH' August 1998 ITHIS I LAST FHiSMONTItLAST'YEAR MONTHIMONTHFAST YEAR! ,TO DATE ~HIS YEAR , TO DATE PhYsical Fitness 73.5 81.5 71 482 653.5 Area Familiarization 13 31.5 24 274.5 139 , Fire Fi[lhter Safety 7 0.5 2 66 42.5 Officer Training 10.5 13 43 293.5 327.5 Apparatus 100 109.5 145 1283.5 862.5 Operating Apparatus 64.5 67.5 115.5 843.5 536.5 Portable Fire Extinguishers 0 0.5 8 38 10 Forcible Entry 1 0 1 6.5 28.5 Ropes & Knots 11 2 2 96.5 40.5 Ladders 42.5 1 ' ' ~9.5 ~ 61'.5 111.5 , Hose Maintenance 21.5 34 54.5 319 222 , Hose Lays 9 9 35.5 220.5 122 Salvage & Overhaul 9 6 11.5 73 76 Firestreams 8 8.5 28 114.5 92.5 Hydraulics 13.5 17.5 26 87 83 Water Supply's 11 5 30 164 94 Ventilation 2 2 4.5 25 45 , , Breathing Apparatus 4 9 15 87.5 61.5 Rescue Operations 11.5 53.5 14 , 83 188 Fire Prevention/Arson 64.5 -22 38.5 159 209 Pre - Fire Planning 6 13.5 ' 0.5 45.5 74.5 Sprinkler Systems 0 1 0 24.5 11 Fire Tactics & Strategy 1 3.5 6 76 88 Hazardous Materials 0 1 7 70 43.5 Confined Space Entry 0 0 0 28 14 Multi -,Company Drills 2 0 0 ' ' 76 44 Formal Schools 16 0 40.5 91 104 , Live Fire Operations I 7 1 !8 178 93 Total class Hours 62.5 55 145.5 ' 587 630 Total Field Hours 446.5' 438.5 ' 635 ' 488115 3786.5 ITOTAL CLASS/FIELD I 5091 'SI ?s°.Sl s4ss-s'! ' 44 S-Sl -6- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT DIVISION OF TRAINING MONTH- August 1998 THIS LAST ~I'HIS MONTi"~$'T YEAi~THIS YEAR~ MONTH MONTH FAST YEARI TO DATEI TO DATEI Anatomy & Patient Assesment 22 35 48 261 289 ~ riac, le . 1.5 0.5 0 2 3 Chest Injuries 1 0 2 13 '1 Shock & I.V. I herap¥ , 16 21.5 30.5 164.5 '186.5 Hemorrhage Control 2.5 7 3.5 24 32 ~aSic Life Support 8 12 14.5 46 79 Fractures & Dislocations 2.5 11.5 8 59.5 43.5 Head & Neck Injuries 5.5 11 11.5 54.5 47 AbdOminal & Genital Systems 0 0.5 1 9 7.5 cardiac/Arrh¥/Strokes 9 17 11 157 102.5 ReSpiratory Systems 4 11.5 23 115.5 81.5 Airway Management 14 24 26 121 165.5 , ~Childbirth 0 0 0 7 1~.5 Patient Handling . '19.5 31 34 239 212 -Heat & Cold Injuries 0 2 0 3 8 Radiation & Electrical Iniuries , 0 0 0 0 0 poison & Allergies 0 1.5 2.5 15 17.5 Pediatrics 2 3 0 42 18 Pharmocology 1 4 8.5 87 51.5 Advanced Life Support ' 1 3.5 10 92 13.5 Diabetes 1.5 2.5 0 16 23 Quality Assurance 5 3 24.5 150 ' 74 Driving 9.5 11 23 130 92 Medical/Legal ! erminolig¥ 0 0 0 50 38 Rules & Responsibilities 0 0 0 28 14 EMS System 8, Communications, 0 0 0 61.5 24.5 Mast Pants 0 0 1' 1 3.5 Alcohol & Dru[l Abuse 1.5 0 1 17.5 12.5 Behavioral Emergencies 0 0 4.5 16.5 18.5 Infoctous Disease Control 5.5 16.5 17 118 102.5 ~otal Class Hours 0 8.5 21 455.5 284 !otal Field H°urs 132.5 221 284 1645 1487.5 , ,"AL CLASSlt-IELU ,, I 132'5t 229-51 305] 2100.5I 1771.51 -7- KENAI FIRE DEPARTMENT CONSOLIDATED MONTHLY REPORT DIVISION OF TRAINING MONTH- August 1998 I~HIS~ LAST ~HIS' MONT~ LAS~ ~EARI' THIS YEARI MONTHiJMONT, II LAST YEAR! ,iT0 DATE TO DATE .Airport Familiarization ..... 9 . 1 , ,6 .. , ', 7'3.5 42.5 Aircraft Familiarization 4 4 0 23 11.5 .Fire Fighter Safety ' ' 2 3.5 0.5 ' ' 28.5 ' 25 bmercjenc¥ Communic .a. tions 2 3.5 ' 0 ;18.5 ' 22.5 ,, , , ,, .... Hose, Nozzle, Iurret Operation~ 0 8 3 56 45.5 Agent Applications ' ' 4 ,~' 2.5 27.5 " 4~ Aircraft Evacuatio~n .... ' .. .0 ..' '0 , 0.5' .' 16 0.5 Fire Fight. ing Operations 2 0 0.5' 33 27 Structural Adaptation ' ,, 0 ' _.4 0 " 4 4.5 Car{jo Hazards , 0 0 ....0 4 ...... 0 Airpo,rt EmergenCy Plan 4' 2 0" 8 11.5 Hazardous Materials ,, , 0 0 ' 0 5 0 Alerts.l,. II, III 4 ~4.5 ' 0 25.5 21.5 Multi- Company Drills 0 ....0 " ' 0 .... 0 " 16 Formal Schools ' ~) 0 0 112 ' 0.5 , , , , , , lotal class HoL~rs ' . 16 4 2 99.5 '23~ lotal Field HOurs. ...... ' ,~'5 '29.5 . 1'! . '. 335 .' .244.5 i lOtal CiaSsit-ield j ' 31 l. 33.$j ' 434.,5I 2s?.$l -8- P. O. Box 2655 Soldotna, Alaska 99669 Phone: (907) 260-5493 Fax: (907) 260-2605 September 24, 1998 The Honorable John Williams Mayor City of Kenai 210 Fidalgo #200 Kenai, AK' 99611 Dear Mayor Williams: Once again, the Board of Directors of the Peninsula Winter Games would like to issue our heartfelt thanks for the City of Kenai's generous contribution to the 1998 Peninsula Winter Games. The City's donation helped make this week of family-oriented, exciting winter activities a great success. The 1998 games included events as diverse as hockey competitions to a state championship dog weight pull to a colored ice cube hunt for kids. in total, there were over 20 different sports and recreational events and over 5,000 individuals attending and participating in the games. We're enthusiastically planning for the 1999 Winter Games, which will be held January 30-31, 1999. We'll be contacting you soon about the 1999 event and look forward to working together to create more special memories for the Peninsula's children and families. If you have any questions about the 1999 games, please contact our new executive director, Heather Arnett, at 260-5493. Thanks again for your support! Sin Y President Peninsula Winter Games, Inc. The Peninsula Winter Games is the largest winter sports and recreational event on the Peninsula and provides a multitude of healthy activities for Peninsula youth and families ftC. ..p..roposai is st.e ,p · n ri . ht d ireet, i:on' N "P R-'A i,e" ..... ~_.i""' RDC supports · . : . "!. ~.~ !' ,---~ leasing at the earliest opportunity. .. Smith - ~r - ilar~i~° ~1. ~ Aliltaru I'oiM Not available for oil and gas leasing No surface activity No permanent oil and gas facilities within 1/4-mile of fish-bearing lakes No permament oil anci gas tacilities Special caribou ~tipulations The Resource Development i Council has applauded Interior Secretary Bruce Babbitt's decision to reopen a portion of the National Petroleum Reserve- Alaska (NPRA) to oil and gas leasing, but expressed disappointment that much of the highest prospective acreage in the reg,on was removed from the proposed lease sale area. · 'We' re pleased that the Department of Interior is recommending a lease sale." said RDC Executive Director Ken Freeman. "Interior's lease sale proposal is a step in the right direction, however. we wish the first step had been larger." Freeman pledged RDC would continue to work with the Interior Department, the State and the North Slope Borough toward a successful lease sale and other lease sales in NPRA. "We appreciate the efforts of Secretary Babbitt and the Bureau of Land Management," Freeman said. "They completed a comprehensive analysis of the study area in a timely manner." Freeman also credited Governor Tony Knowles and Alaska's congressional delegation in helping conwnce Babbitt to reopen NPRA to ieasing. (Continued to page 4) It's fall again Breakfast meetings resume, conference set Well its the time of year to start setting our alarm clocks for 5:30 a.m.. for our weekly Thursday morning break- fast meetings. We kicked off our meet- ings September 10 with DNR Commis- sioner John Shively addressing the progress of releasing in the National Petroleum Reserve. In addition to the breakfasts, please mark your calendar for RDC's 19th annual conference set for November 19-20. This year's conference is going to focus on the internal and external Resource Review is the official periodic publica- tion of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit eco- nomic development organization working to de- velop Alaska's natural resources in an orderly manner and to create a broad-based, diversified economy while protecting and enhancing the envi- ronment. Executive Committee Officers President ................................. Allen Bingham Sr. Vice President ........................ Jim Branch Vice President ........................... Robert Stiles Secretary ...................................... Uwe Gross Treasurer ................................. John Sturgeon Past President .......................... Scott Thorson Staff Executive Director .................... Ken Freeman Deputy Director .................... Cad R. Portman Finance/Membership ........... Steven Dougherty Special Assistant ......................... Tadd Owens RDC is located at 121 W. Fireweed, Suite 250, Anchor- age, AK 99503, (907) 276-0700. Fax: 276-3887. Material in this publication may be reprinted without permission provided appropriate credit is given. RDC's e-mail address: resources @ akrdc.org Writer & Editor Cad Portman Almost one year ago Ken Freeman was appointed Executive Director of RDC after long-time chief Becky Gay resigned to acce¢t a post with the North Slope Borough. As Governme Affairs Administrator. Gay works on a wide variety of issues for the Borough. Above, Ga. presents Freeman with a tee-shirt during her "roasting" last November. forces shaping the future of Alaska's economy. Staff and board members recently had the opportunity to participate in a dinner with U.S. House SpeaKer Newt Gingrich aboard the Riverboat Discov- ery on the Chena River near Fairbanks. Speaker Gingrich was Traveling in Alaska in late August as a guest of the Western States Coalition. Currently, RDC is keeping close watch on two important federal/state initiatives; the President's Clean Water Action Plan and implementation of Es- sential Fish Habitat fEFH) by the Na- tional Marine Fisheries Service I NMFS). Some of you may have received a list of prioritized "watersheds" put out by the U.S. Natural Resource Conserva- tion Service and Alaska's Department of Environmental Conservation. If Alaska and the other 49 states prioritize their "watersheds" by October 1, states will be eligible for federal funds under the Clinton administration's Clean Wa- ter Initiative (For more information at, out the Clean Water Initiative. p/ease read the story in the Apr//'98 edition of the Resource Review). RDC has some concerns regard- ing the regulatory, outfall of this list and also the process by which "watersheds" were picked to be on the list. It is our understanding the list started with im- paired water bodies, but grew to in- clude many additional "watersheds." RDC will be participating in a September 17 meeting in which ADEC and the NRCS will assess public input of the proposed "watersheds" list. We hope in the final analysis that ADEC will remove many of the proposed "watersheds" that do not have adequate rationale for listing. RDC continues to closely track implementation of Essential Fish Habi- tat (EFH) as proposed by the National Marine Fisheries Service. NMFS pre- sumes adverse impacts on salmon and other fish from all kinds of coastal an~'' upland resource development and iar, use activities. Many RDC members are concerned that implementation of EFH could lead to an additional regulatory burden. Page 2 / RESOURCE REVIEW / September 1998 · by Allen Bingham , , The much anticipated Alaska North Slope (ANS) gas project recently took a significant step toward becoming reality. In August, ARCO Alaska. Inc., Foothills Pipelines Ltd.. Marubeni Corporation. Phil'lips Petroleum Company and CSX Corporation through its subsidiary, yUkon Pacific Corporation, announced the signing of a new Sponsor Agreement. The agreement calls for substantial permitting, engineering and commercial work through the year 2002 to advance the prospects for exporting liquefied 'natural gas from Alaska's North Slope t° markets in East Asia. The sponsor group expects to spend S100 million over the next four years. The sponsor group includes representation from the ANS gas owners, international pipeliners, current Alaskan LNG players, permit holders. and a major trading house in the East Asian market place. The group's technical expertise, practical experience and diversity bodes well for its success. For years industry has discussed the potential of bringing Alaska's North Slope gas reserves to market. Low commodity prices, technology shortfalls. tax disincentives and strong international competition, along with a ANS gas project is one step c oser to reality number of other factors, have kept the project from gathering momentum. The past several months, however. have witnessed many changes in the formula needed to make the project happen. Perhaps the most important step was the passage and signing of the Alaska Stranded Gas Development Act by the Legislature and Governor Knowles. This important piece of legislation grants the Department of Revenue power to change the current "front-end loaded" tax regime to a more incentive based "back-end loaded" structure for any North Slope liquefied natural gas project. Industry. has reacted positively to the State's efforts to encourage an ANS gas project. The sponsor group's primary goal will be to significantly reduce costs and risks in many areas of the project. Industry's willingness to aggressively pursue this project is very encouraging for Alaskans and for our state. If Alaska's economy is to continue to mature and diversify, new projects must be continually pursued and developed. The oil and gas industry has assumed a leadership position in this effort. Enhanced oil recovery, development of satellite fields, construction of the MIX module at the Port of Anchorage, and now the ANS gas project are all examples of industry's renewed commitment to invest in Alaska. The State of Alaska also continues to foster investment and economic diversity in our state. Governor Knowles and the Legislature have worked tirelessly to encourage development not only in oil and gas, but also in the mining and transportation industries. Without a doubt. Alaska stands to benefit greatly from the cooperative relationship between industry and state and local governments. .At left. RDC Executive Comm/'ttee memL~er Thves Shauo /o/ned U.S. House Speaker Newt Gingrich on a dinner cruise aboard the Riverboat Discovery on the Chena River last monrt~. At right. Ca,rain johne Binklev. Alaska House S¢eal<er Gall Phillips. the Alliance's Karen Cowar~ and RDC's Ken Freeman en/oy the evening. Gingricn's recent Alaska tour was coordinated by the Western States coalition. The riverboat dinner was sponsored by the Alliance. (P.hotos ov Carl Pad, man) September 1998 / RESOURCE REVIEW / Page 3 NPR'A RDC hopeful lease sale can occur early next year (Continued from page 1) Last month the Interior Department announced its preferred alternative for leasing within the petroleum reserve. The proposal would make about 4 million of 4.6 million acres in the northeast corner of the 23 million-acre petroleum reserve available for oil and gas leasing. The department's plan, however, would bar leasing and development on 580.000 acres of sensitive wildlife habitat north and east of Teshekpuk Lake. A six-mile buffer bordering the lake would be available for leasing, but no surface activity, including exploratory drilling, would be allowed. Oil could be recovered from a portion of the buffer with horizontal extended-reach drilling, but evaluation of oil deposits would be difficult without the ability to drill winter- only vertical exploration wells from the surface of the buffer zone. The northern third of the proposed lease area, a strip which lies within 25 miles of the coast, holds the most hig~ prospective lands for major oil and g, discoveries. Geologists believe that the Barrow Arch, the geologic fold that holds the Prudhoe Bay deposit, extends into the area. In fact, all of the producing fields on the North Slope are located within approximately 20 miles of the coast. Interior's preferred alternative would not only close much of those highly-prospective lands to leasing, it would also prohibit permanent oil and gas surface occupancy in other loca- tions important for fish and subsistence use. Altogether, about one-third of the study area would be closed to surface development under Babbitt's plan. Subsistence activities would be protected by a ban on oil and gas sur- face facilities around specific rivers and streams. The plan also restricts road construction to drilling units and estab- 0 2,000 4.0OO 6.000 8.000 0,000 2,000 Extended reach well Winter vertical exploratory well Winter vertical ...... exploratory well -- 6 mile buffer, no surface activity Teshekpuk Lake Oil I reservoir ! I I 4 6 miles ~ 5 Under the preferred alternative, the six-mile buffer zone bordering Teshekpuk Lake would be available for off and gas leasing, but no surfs activity would be allowed. The Interior Department assumes this area could be developed from surface facilities outside the buffer ar6 presumably through directional ddlling techniques. However, the feasibility of using extended-reach drilling can only be established after exploration activities are conducted and target locations are identified through the drilling of vertical wells. Once a field is defineated, extended-react~ wells can be drilled to specific locations for production. Vertical drilling also allows for better assessment of hydrocart~on accumulations that may exist at various geologic intervals which are encounterea as a vertical well is being drilled. RDC has asked Interior to allow exploratory drilling in the buffer soutl~ of the lake. Page 4 / RESOURCE REVIEW / September 1998 "Off and gas leasing, exploration and development can take place in ail areas of NPRA without adverse impacts to the environment, wildlife or subsistence uses. Thirty years of environmentally-safe operations on Alaska's North Slope have proven industr?'$ abflit? to operate without adverse impacts." - Marilyn Crockett RDC Executive Committee member lishes one-mile setbacks of no perma- nent production facilities around cabins and campsites. No interconnecting roads would be allowed in the petro- leum reserve. The plan also contains 79 stipulations to fully mitigate impacts to wildlife and traditional uses. RDC is enthusiastic that the Department of Interior is moving ahead with the process and is hopeful a lease sale can occur early next year. RDC continues to support competitive leasing in as much of the study area as possible and at the earliest opportunity. , RDC Executive Committee ) member Marilyn Crockett explained that advanced technology and the consolidation of facilities have substantially reduced industry;s footprint in the Arctic and have made oil and gas operations on the North Slope the safest in the world. Crockett pointed out with careful planning and appropriate mitigation measures, healthy populations of caribou, geese and other wildlife can coexist with oil and gas development in NPRA. "Oil and gas leasing, exploration and development can take place in all areas of NPRA without adverse impacts to the environment, wildlife or subsistence uses." said Crockett. "Thirty years of environmentally-safe operations on Alaska's North Slope have proven industry's ability to operate without adverse impacts." While supportive of Babbitt's decision to re-open NPR-A to leasing, North Slope Borough Mayor Ben Nageak questioned the rationale which )prohibits activity some highly surface in prospective areas. "Following a detailed review of the draft ElS. the Borougin proposed a comprehensive alternative for oil leasing within the NPRA planning area which was based on sound science and extensive local knowledge," Nageak said. "We believe that our Borough alternative would have allowed responsible exploration and development of onshore areas of high hydrocarbon potential, while preserving the environment and wildlife resources upon which our people depend." The Borough applauded the Secretary's decision to provide heightened protections along key river drainages in the southern portions of the planning area, but found closure of the northern high hydrocarbon potential zone troubling. Nageak expressed particular displeasure with a prohibition on winter exploratory, drilling in the buffer south of the closed area. Industry has asked Babbitt to allow exploratory drilling during the winter in the buffer area south of Teshekpuk Lake. Since all exploration would be conducted in the winter from ice roads and pads. there would be no Impact to the tundra or fish and wildlife resources of the area. Extended-reach horizontal drilling could recover oil from a portion of the buffer, but the application of the cutting- edge technology is for the recovery of an oil deposit that has already been targeted accurately bytraditionai surface vertical exploration wells. Extended- reach drilling is not only impractical in most exploration efforts, it is high cost and presents a number of technical challenges. Moreover, because of its horizontal reach, extended-reach drilling could easily miss oil accumulations pooled at different levels beneath the surface. Vertical drilling allows for much better assessment of oil accumulations that may exist at the various geologic intervals which are encountered as a vertical well is being drilled. Meanwhile. Governor Knowles has asked state biologists, geologists and economists to give Interior's recom- mendations close scrutiny. "1 think we can recommend some improvements to make some additional progress," Knowles said. "First, I want to hear again from the stakeholders and also to see whether adequate areas of high oil potential are being offered to make development economically fea- sible.'' Knowies noted Interior did not make any permanent withdrawals within the study area. Bering fishery feels pinch By Stephanie Madsen September is known as the month of transition and for communities involved in the Bering Sea pollock fishery this month marks the transition into the next season. The season, referred to as the pollock "B" season, started September 1. Processors and fishermen had little difficulty settling on a price, but both parties believe this is a season where nobody will make any money. The price of six cents a pound is the lowest in recent memory and reflects continuing concerns over the Asian economy. The news for crai:) fishermen is mixed. The Alaska DeDar[ment of Fish and Game has announced the Guide- line Harvest Levels (GHL) for the up- coming crab fisheries. Most GHLs are slightly lower than last year except for Bristol Bay Red King Crab, which has doubled. Unalaska/Dutch Harbor maintained its status as the port with both the high- est volume and the greatest dollar value of fish in the nation. Commercial fishermen brought in 587.8 million pounds of fish worth $122.6 million. Despite landings at Dutch Harbor de- creasing by $4 million from the 1996 value, the Aleutian port netted the top landings slot for the tenth straight year. Kodiak held its rank as tine nation's third richest fishing port in 1997, but fell to sixth place In terms of volume. September 1998 / RESOURCE REVIEW / Page 5 Regulators arg.et non-point activitier Shift in clean water policy took place several years ago By Andy Anderson Homer Soil and Water Conservation District In a recent issue of the "Resource Review" there was an extensive article on the President's Clean Water Initiative. This was an interesting article that suggested the clean water initiative was the beginning in the shift of direction for the federal government and the environmental community from a focus on point source to non-point source activities. This shift actually took place several years ago and on several fronts. EPA began this shift by putting more focus on the state compiled 303(d)list, which is a point source list. They did this by placing streams on the 303(d) list that are limited by non- point source activities only, when by definition those streams should have gone on the 303(e)list. This is significant because those streams on the 303(d)list have to go through the TMDL (Total Maximum Daily Load) process while those on the 303(e)list don't. At the same time several environmental groups filed lawsuits against EPA stating that they weren't enforcing section 303(d)in the states of Idaho and Georgia. This resulted in federal judges ruling in favor of the environmental groups and against EPA and the states. This means that a federal judge has ordered that Idaho and Georgia establish TMDLs for all their 303(d) listed streams, even those that deal only with non-point source activities. Since Idaho and Geor- gia lost: the same suits have been filed against several other states. Another environmental group filed a lawsuit against the Forest Service stating that the agency could not issue grazing permits unless the rancher had a section 401 (point source) permit. In its argument, the environmental group argued that ', timber sales, road building and other non-point source act/v- ! ity will have to meet the point source criteria. "The question is will those engaged in non-point activities become proactive and help groups like the S WCDs keep the debate based on sound science or will they place their heads firmly in the sand and allow the debate to be based on emotion ?" - Andy Anderson those who use natural resources, i.e. logging, mining, oil and gas and agriculture. The reason the Homer SWCD applied for the 319 grant was to attempt to assess the health of these four watersheds so that the discussion could take place on sound scientific data and not on emotion. Having worked in Idaho and Oregon on these sa' issues. ! can tell you that if the discussion is allowed to be c of emotion and unsubstantiated charges instead of one based on sound, verifiable science, those interested in the use of natural resources will lose. Right now no one is doing the monitoring and the discus- sion is one of emotion. Rather then complain about the lack of monitoring being done or abou[ 319 grants being used in ways some deem questionable, the Homer SWCD decided to apply for a 319 grant to do the monitoring itself. It seems to me landowners, industry and other interested parties could work with local SWCDs to get monitoring done statewide. The only interest the Homer SWCD has is the desire to see the debate take place around scientific fact and not on I wanted to recap this to get to my main point of water I emotion. The reality is thatthe clean water debate has shifted monitoring. Also mentioned in the Resource Review was the,i from point source activities to non-point source activities. To EPA 319 grant process and in particular the grant given to the i use an old military term, non-point activities have become a Homer Soil and Water Conservation District (SWCD) and i target of opportunity. The question is will those engaged in Cook Inlet Keeper. . non-point activities become proactive and help groups like These were two separate grants, one to Cook Inlet t the SWCDs keep the debate based on sound science or will Keeper for its citizen monitoring program, amounting to $52.000 and another for $48,000 to Homer Soil and Water Conservation District to do water monitoring on the Ninilchik. Deep Creek, Star/ski Creek and Anchor River systems. The SWCD has hired a water scientist and has established a technical review team to insure that sampling is done in a scientifically-verifiable manner, as well as having samples periodically checked by an independent lab. The pressure will only increase on non-point source activities, as well as increased attempts to apply point source criteria to these activities. This is and will continue To be an area where a lot of emotional charges will be made against Page 6 / RESOURCE REVIEW / September 1998 they place their heads firmly in the sand and allow the debate to be based on emotion? The choice is yours. If the monitoring isn't done and the debate driven by sound science then everyone including the resource will lose. Andy Anderson currently administers 319 grant for Homer Soft and Water Conservation D/strict. He has worx for the Oregon Farm Bureau, the Rocky Mountain Off and Gas Association and has served on the Governor's Clean Water Task Force in Oregon. He has also worked on a national coalition dealing with the reauthorization of the Clean Water Act. Alaska Natives committed to making Alpine a model development For Alaska Natives, Alpine has special significance ARCO ALASKA Inc. discovered the Alpine oil field in 1994 during the drilling of the Bergschrund #1 well on the Coiviile River delta. The Alpine reservoir is estimated to contain up to 1 billion barrels of crude oil. 365 million barrels of which are estimated to be recoverable. The Coiville River Unit is 80,000 acres and the Alpine reservoir covers 40,000 acres. The owners of Alpine are Arctic Slope Regional Corporation (ASRC) and the State of Alaska, each with an approximate 50 percent interest in the field. Leases in the field range from 100% ASRC to 100% State with a varied level of joint ownership in between. Alpine is 35 miles west of the Kuparuk River field and 8 miles north of the Inupiat Village of Nuiqsut. The field represents a major westward extension of the North Slope's commercial oil development and facilities. Alpine's impor- tance is reflected in the oil industry's renewed interest in leasing in the National Petroleum Reserve-Alaska (NPR-A). Secretary Babbitt's visit to the North Slope and the Alpine field last summer underlined the progress made in recent years in reducing the footprint of development in Arctic Alaska. Hopefully, the recently released Final ElS for the northeast corner of NPR-A will lead to a healthy renewal of oil and gas leasing in 1999. Alpine is an important development for the Nation, the State and ASRC. Alpine means corporate, municipal tax, jobs and continued economic development, it also means that development of smaller North Slope oil fields can keep our oil based economy strong and vital for decades into the future. For ASRC, Alpine has special significance. First, Alpine represents ASRC's first participation as a royalty owner in a commercial oil field. And because ASRC is an ANCSA corporation, this means that all Alaskan Native shareholders will share in our good fortune through the 7(i) revenue sharing provision of ANCSA. Second, ASRC subsidiaries are major alliance partners with operator ARCO on the project through Alaska Petroleum Contractors (APC), Houston Contracting, and Nuiqsut Constructors (a Village Corporation). Kuukpik Corporation has also aligned itself with others to perform services in support of the project. In the 1998 cons[ruction season approximately 700.000 man-hours of work were performed on the Alpine project. A 300 man camp was established in the Village of Nuiqsut. 360,000 cubic yards of gravel were excavated from an ASRC Colville gravel pit, and 4,200 feet of pipe were welded. ASRC subsidiaries were involved in most aspects of this work. This included the initiation of module construction by APC in Anchorage and at our new fabrication plant in Nikiski. and work on the under river pipeline crossing -- a major first in Arctic technology- with Houston Contracting. We are also seeing good native/shareholder hire num- bers coming from the Alpine project. In 1998 we saw a high of 85 Kuukpik shareholders working.on the project, and a total of 186 native Alaskans most of whom are ASRC sharehold- ers. With an increase in job training skills we hope to see higher local and native numbers improve in the 1998/99 construction season. Alpine is scheduled to go into production in mid-2000. The State and the North Slope Borough (NSB) will share an estimated ,$1 billion in taxes and royalties from Alpine over the life of the project. Tax revenue collected by the NSB will enable ail of the villages on the North Slope to share in the project through needed capital improvement projects. Other benefits to ASRC and its shareholders include the development of relationships with new players on the North Slope such as Anadarko Petroleum Company, a 22% work- ing interest owner in the Alpine Field. In recent weeks an ASRC/Anadarko Exploration Agreement was concluded cov- ering other ASRC lands located in the Central Arctic. ASRC and its shareholders are committed to making Alpine a model development for the North Slope and Alaska. This means that Alpine will be state of the art in minimizing environmental impacts and in protecting the subsistence uses of our shareholders that reside in and near the oil field. It also means that we will be incorporating the best planning, construction practices and new technology in ways that are cost effective. And it also means training and using skilled local people to develop and operate the oil field. Alpine is an important step in educating the American public and our critics that, on -shore, North Slope oil develop- ment can proceed in ways that are compatible with fish and wildlife and a quality environment, if ASRC, the State and the industry acnieve our goals for Alpine, we will gain greater credibility and public confidence for leasing in NPR-A. in the CoasTal Plain of ANWR, and in other prospective areas of the Nortlq Slope. Se~)tember 1998 / RESOURCE REVIEW / Paae 7 R..: B' B ~FO .~, iT SEALIET ' ~.-::t'::?:,;? ~ules"HERE IN ALASKA. ,~, ~<,~--.~ .. ~ - . .?~-~.~ ~.'~" ;..._ .... · ....... , '- :~-""- ....... ":" ??:~}~}S Proi~'i~v°~es on inves~ent oF over ~.._ _ ... ' ..... ~ 5 O M ILLID N. And mme~ing ._ ...... ...~. -::; v..' ~:.~":'..4; '. ' .-~; ,. ,. -.- ". 7: .."-- ' We're puffing H U N D R E D S O F ALASKANS TO WORK--in towns like Kenai, Nikiski and Fairbanks. M I LLI'o N' :, B.A'R'R E:L~.'~oF reserves:~.'":~t me~:~·::~°re than ' .. · $ 1 BlgglDNintaxesand royalties f°r the state of A LA S K A, AROo's ALPINE. The first North Slope oil field that will come ClN-LINE IN THE NF'W MILLENNIUM. ARCO Alaska, Inc. PARTNERS IN ALASKA'S FUTURE Resource Development Council 121 W. Fireweed, Suite 250 Anchorage, AK 99503 ADDRESS SERVICE REQUESTED Page 8 / RESOURCE REVIEW / September 1998 Mayor John Williams Compiimenta. ry Since 4~98 City of Kena~ 210 Fidalgo Ave., Suite 200 Kenai AK 99611 Bulk Rate U.S. Postage PAID Anchorage, AK Permit No. 377 · ~?~/'~"~'~:"::~.~"'~:... FIVEIRONS-HEIGHTS SUBDIVISION ~.~~,.~,,? --' LOts'" 1 '6" Bl'Ock. 1 &'Lots. 1 "'7;' 'Block .~.~: ~.~.;~:,~..~.~.: " (Adjacent to K nai. Golf Course)...- '- :'-~--:.::?'~:/~::~::~::'?~':':¥':~':::??':~~.. ,._.~_~...~,. . :.~;~--~:~;~T:,;;Tf.;:.:.~' -. . . ~:}'}'~'" BI"D DATE, and TIME.-, November 3 1998 ~ ll:00"a.m -- . ~..~;. ...... ;. ~.'. -~ -._ ..... LOCATION: KENAI CITY COUNCIL CH'AMBERS ,.'~ .... .... .. _ 21:0 Fidalgo Avenue, Suite 200 . . . City of Kenai 1998 LAND SALE - FIVE IRONS HEIGHTS SUBDIVISION LOTS Lots 1-6, Block I & Lots 1-7, Block 2 General Information On November 3, 1998, at 11:00 a.m., the City of Kenai will be conducting a sale of thirteen (1 3) residential lots in Five Irons Heights Subdivision, according to Plat No. 97-105. The lots are located in a neighborhood zoned Recreation (R), fronting the north side of the Kenai Golf Course south of Lawton Drive, between Linwood Lane and Baker Street, approximately 1.5 miles to the south and east of the downtown Kenai commercial district. Vicinity maps are included in this packet as Attachments A and B. The properties are described as' Block One ID# Borgugh Parcel No. Legal Description Area (SF) 1. 049-382-01 Lot One (1), Block One (1) 15,251 2. 049-382-02 Lot Two (2), Block One (1) 1 5,251 3. 049-382-03 Lot Three (3), Block One (1) 15,251 4. 049-382-04 Lot Four (4), Block One (1) 15,251 5. 049-382-05 Lot Five (5), Block One (1) 15,251 6. 049-382-06 Lot Six (6), Block One (1) 18,251 Note' Deed restrictions will allow residential use only with a maximum of single or two-family dwellings on Block One. Townhouses will be limited to two per original lot and the following will be required by the City' a conditional use permit variance for lot size replatting of the lot Page 1 of 3 Block Two !D# Borough Parcel No. Legal Description Area (SF) 7. 049-382-07 Lot One (1), Block Two (2) 1 9,002 8. 049-382-08 Lot Two (2), Block Two (2) 1 6,002 9. 049-382-09 Lot Three (3), Block Two (2) 1 6,002 10. 049-382-10 Lot Four (4), Block Two (2) 1 6,002 11. 049-382-11 Lot Five (5), Block Two (2) 1 6,002 12. 049-382-1 2 Lot Six (6), Block Two (2) 1 6,002 13. 049-382-1 3 Lot Seven (7), Block Two (2) 21,11 2 Note' Deed restrictions will allow residential use only. Only single-family dwellings will be allowed on Block Two. Deed restrictions will not allow townhouses on Block Two. Each of the lots has similar paved road access, and public water and sewer utilities stubbed to the lot line. Electricity, telephone and natural gas are available. The City does not warrant the availability of, or cost of, extending these utilities. Bidders are urged to check with utility companies as to utility locations. All bids must be submitted in writing on the bid form included in this bid package as Attachment C. A separate bid form must be used for each parcel. Bidders may copy the blank form for the purpose of bidding on several parcels. All bid forms must be signed and completely filled out. Bidders must be at least eighteen (1 8) years of age at the date of the bid opening. Any irregularities on the bid form, such as incomplete information, insufficient or inconsistent identification of the property, or lack of signature, may invalidate the bid. All bid forms must be sealed with the required bid deposit(s) in envelopes addressed as follows: City of Kenai, Alaska 1 998 Land Sale - Five Irons Heights Subdivision Lots 210 Fidaigo Avenue, Suite 200 Kenai, Alaska 99611-7794 Bid envelopes must be received prior to the bid opening to be held at 11 '00 a.m. on November 3, 1998 at City Hall at the above address. Hand delivery to Kim Howard or Sheryl Padilla in City Hall is recommended. Once received by the City, a bid may not be withdrawn. However, a bidder is not prohibited from making more than one bid on a single parcel. Ties will be broken by drawing the name of one of the tie bidders from a hat. The bidder whose name is drawn shall be deemed to have bid an additional $1.00 in breaking the tie. Page 2 of 3 A $500 bid deposit in the form of a cashier's check or money order must be included with each bid form. A bid envelope may contain multiple bid forms. The minimum acceptable bid for each lot is $32,000. The terms of sale are cash or credit. If a cash sale, payment will be cash, cashier's check, or money order within 14 (fourteen) days of the bid opening. In the event that full payment (cash sales) or the down payment (credit sales) is not received from the highest bidder within 14 (fourteen) days of the bid opening, the bid deposit will be forfeited and the successful bidder will lose all right to the property. In this case, the property will be offered to the second highest bidder, who must perform at his or her bid amount within 14 (fourteen) days, or the bid deposit will be forfeited. This process will continue until the land is sold or there are no more bidders. Credit may be extended. The City will accept a note, secured by a deed of trust. The terms will be a 15% down payment at 10% annual interest. The length of the note is to be ten years, with monthly payments, and the right of early payoff. All recording fees, collection fees (set-up and annual), and closing fees will be paid by the buyer. Bid deposits of unsuccessful bidders will be returned by City check within sixty (60) days of the bid opening. This extra time allows the City to offer property to the next highest bidder(s) if the highest bidder fails to perform within the designated time. The bid deposits, less fees, of successful bidders who perform within the designated time will be applied to the sale price. Conveyance will be by warranty deed. An updated limited liability report is available for review at City Hall. The buyer will take the property with no amounts due for City special assessments or for City or Borough property taxes for 1998 or prior years. All property is to be sold subject to any and all restrictions, easements, or reservations of record, zoning ordinances, and any and all plat requirements and covenants. All prospective bidders are urged to examine any parcels they are interested in prior to the sale. No subsurface interest will be conveyed to the buyer. Prospective buyers are also advised that the City reserves the right to withdraw any or all of the parcels scheduled for sale, either before or after the bid opening. Questions concerning the sale procedures should be directed to Kim Howard at 283- 7530 at City Hall. The City of Kenai will not disclose bidding information, such as what bids have been received from whom or for which lots bids were received (if this information is known), until after the bid opening. Page 3 of 3 KAKNU WAY KIANA LN COLONIAL DR, LAWTON DR. OILERS BALLPARK TRAILS KIANA LN. LAWTON DR. FIVE IRONS HEIGHTS SUBDIVISION KENAI GOLF COURSE I I ,00'0~1 ,O0'O~l .00'0~! ,00'1~1 - '~s--I plOUlloPII .0 L" I pep!^?pqnsun W L) !, J Z W I I I~1 )POd ATTACHMENT "B" City of Kenai 1998 Land Sale - Five Irons Heights Subdivision Lots BID FORM Bidder's Name: (Please print or type) Address: City, State and Zip: Phone Number(s): This bid is on the following property (list only one parcel)' Legal Description (found in bid package)' Lot , Block , Five Irons Heights Subdivision (Note: Minimum bid is $32,000.) Total bid amount in numerals: Total bid amount in writing: Indicate whether you intend to purchase with cash or terms. Cash Terms My $500 good faith deposit, in the form of a cashier's check or money order, is attached. I acknowledge the terms and conditions of the land sale as set out in the bid package and the General Information. Signature Date Attachment C City of Kenai 1998 Land Sale - Five Irons Heights Subdivision Lots BID FORM Bidder's Name: Address: (Please print or type) Phone Number(s)' City, State and Zip: This bid is on the following property (list only one parcel)' Legal Description (found in bid package)' Lot , Block .... , Five Irons Heights Subdivision (Note' Minimum bid is $32,000.) Total bid amount in numerals' Total bid amount in writing' Indicate whether you intend to purchase with cash or terms. Cash Terms My $500 good faith deposit, in the form of a cashier's check or money order, is attached. I acknowledge the terms and conditions of the land sale as set out in the bid package and the General Information. Signature Date Attachment C (Extra) C E N- T E R 36130 Kenai Spur Highway. Soldotna, Alaska 99669. (907) 260-4882- Fax: ~~ September 29, 1998 / ,~~".'~i~7..I~) -~ To All Interested Parties, .: :i:~ " · " ....... "--~":: ~ /' ~ r'"~,, ~' The Kenai River Comprehensive Management Plan (KRCMP) was s~gned be Department of Natui'~-.~,~-~! Resources' Commissioner John Shively in December of 1997. The plan contains many recommendations to municipalities and agencies on specific issues that relate to the future health and viability of the Kenai River and its resources. Many of you were participants in the Kenai River Watershed Interagency Coordination Group that was sponsored the Environmental Protection Agency in 1996. The group met on a monthly basis to provide information regarding research, land management and many other issues that related to the Kenai River. The group suspended meeting once work began in earnest on the KRCMP. Now that the KRCMP is completed and moving into the implementation phase, we see the need to reconvene the group. There have been many special interest organizations started aroung the Kenai River watershed area over the past few years and we feel that their voices and ideas should be heard in this form. The reconvening meeting will be held at the National Resource Conservation Services (NCRS) conference room on October 15t~ at 9 a.m. The NCRS office is located at 110 Trading Bay Road, Suite 160, in Kenai. Please plan to attend or send someone from your agency or organization. Them are so many things happening along the river and so many things changing that we must keep talking and keep in touch! Please call Suzanne Fisler at (907) 260-4882 or Phil North at (907) 283-6608 is you have any questions. We look forward to seeing you all again! Sincerely, Division of P~rk$ Permit Goordin~tor · Kenai Peninsula Borough Resource Planner Gary Liepitz, Fish & Game Habitat Bioligist Cc: Mayor Mike Navarre, Kenai Peninsula Borough Lisa Parker, Kenai Peninsula Borough Glenda Landua, Kenai Peninsula Borough Mayor Ken Landcaster, City of Soldotna Tom Boedeker, City of Soldotna Sharon Baldwin, City of Soidotna Dick Bower, City of Soldotna Mayor John Williams, City of Kenai Rick Ross, City of Kenai Jack LaShot, City of Kenai Chris Degernes, Division of Parks & Outdoor Recreation Lance Trasky, Department of Fish & Game Kenai Peninsula Borougl~ Planning Department Alaska Department of Natural Resources Division of Parks and Outdoor Recreation Alaska Departm~Fish & Game Habitat and~~-On Division Dean Hughes, Department of Fish & Game Dave Nelson, Department of Fish & Game Ginny Litchfield, Department of Fish & Game Larry Reeder, Corps of Engineers Mirian Magwood, Corps of Engineers Tim Rumfeit, Department of Environmental Conservation Les Buchhoiz, Department of Environmental Conservation Mark Chase, Kenai National Wildlife Refuge Robn West, Kenai National Wildlife Refuge Vicki Davis, Kenai National VVildlife Refuge Joe Dorova, United States Geological Service Phil North, Environmental Protection Agency Steve Zemke, U.S.D.A.; Forest Service Duane Harp, Chugach National Forest Michelle Brown, The Nature Conservancy of Alaska Chdsty Miller, Department of Community & Regional Affairs Gary Sonnevii, Kenai Fishery Resource Office Steve Horn, Alaska Department of Transportation, PF Laurie Mulcahy, Alaska Department of Transportation, PF Dan Voss, National Marine Fishery Services Nancy Moore, Palmer Plant Material Center Jim Peterson, Division of Forestry Barb Seaman, Kachemak Heritage Land Trust Mark Weatherstone, Natural Resources Conservation Service Herb Cook, Natural Resources Conservation Service Mike Swan, Kenai Soil and Water Conservation Service Robert Ruffner, Kenai Watershed Forum Bill Tai, Cook Inlet Region, Inc. ' James Segura, Salmatoff Native Association Bill Stockwell, Alaska Fly Fishing Association Bob Baldwin, Quartz Creek Homeowners Association David Rhode, Friends of Cooper Landing Representative Gary Davis Representative Mark Hodgins Senator John Torgerson Senator Ted Stevens Senator Frank Murkowski Congressman Don Young Jack Brown Ronald Drathman Dale Bagley Debra Horne Grace Merkes Timothy Navarre Patrick O'Brien Bill Popp Drew Scalzi KRSMA Advisory Board U.C.I.D.A. Will Josey, Kenai River Property Owners Association Bob Shaveison, Cook Inlet Keeper Mel Erickson, Kenai River Guides Association Kenai Peninsula Fishermans Cooperative National Biological Services Kenai River Sportfishing Association Kenai Native Association Kenaitze Indian Tribe Funny River Advisory Planning Commission Cooper Landing ,Advisory Planning Commission Moose Pass Advisory Planning Commission Sterling Area Senior Citizens, inc. MAKE 22 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE' Mayor and Council_~ Fire Department Police Department Senior Center Library Parks & Rec. Attorney City Manager Finance Public Works Airport Engineer Clerk ,,, J Taylor Springer Ke~un 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, (Daily News/Anchorage) Betty Miller, BP Jon Little (Daily News/Soldoma) Bill Iles, HEA KVCC Joan McCoy, ARCO Fax by regular fax machine: KDLL, 283-6701 DELIVER Council Packets to Police Department Dispatch desk. The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m. Home Page documents (agenda, resolutions and ordinances for public hearing) are saved as HTML fries and emailed and faxed to Bill Grimm on Friday afternoon. Directions are' Date: Friday, October 02, 1998 Time: 2:05:00 PM 3 Pages To: Terri Peninsula Clarion Fax: 283-3299 Voice: +1 0 283-7551 From: Carol L. Freas, City Clerk City of Kenai Fax: (907)283-5891 Voice: Comments: Terri -- Please publish the following in the Monday, October 5, 1998 edition. It's a big one! Next agenda will be too. Questions? Call me at 283-7539. Carol AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 7, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / / www. cl. kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS {10 minutes) Jan Stiers-- Home Occupation Permit/Woodland Subdivision ITEM C: PUBLIC HEARINGS Ordinance No. 1796-98-- Findin§ That Certain City-Owned Airport Land, Identified as Lot 2, Block 1, Etolin Subdivision, First Addition, Located at 630 Barnacle Way in Kenai, Is Required for a Public Purpose. , Resolution No. 98-67-- Awardin§ the Bid to Seekins Ford Peninsula For a 3/4 Ton Pick-Up for the STP For the Total Amount of $25,028. , Resolution No. 98-68-- Declarin§ Additional Equipment, Supplies, and Materials Surplus or Obsolete. , Resolution No. 98-69 -- Awardin§ a Five-Year Contract for the Alaska Re§ional Aircraft Firefi§htin§ Trainin§ Facility Vendin§ Machine Concession to Tyler Distributin§ Company, Inc. , Resolution No. 98-70 -- Transferrin§ $16,618 in the Airport Land System Special Revenue Fund for a Full-Time Department Assistant II Position. , Resolution No. 98-71 -- Acceptin§ the Preservation Plan for the City of Kenai. . Resolution No. 98-72-- Transferrin§ $6,980 in the Animal Shelter Capital Project Fund. , Resolution No. 98-73 -- Supportin§ Two Capital Improvement Project Lists For 2000-2002 STIP Fundin§. , 1998/99 Liquor License Renewal-- WITHDRAWAL OF PROTEST Alaskalanes, Inc. 10. *Transfer of Liquor License -- Little Ski-Mo Drive Inn, Ronald S. Yamamoto to Little Ski-Moes Bur§er & Brew, L&M Ventures, Inc./Beverage Dispensary. 11. *Restaurant Desil~nation Application -- Little Ski-Mo Drive Inn -- Restaurant/ Eatin§ Place. ITEM G: OLD BUSINESS Residence Requirement -- Vinta§e Pointe Manor 2. Professional Services Contract--James Carter 0 Operations Alireement -- ARFF Mana§ement ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 0 *Ordinance No. 1797-98 -- Removing the Current KMC 14.20.150 and Replacing It With a New KMC 14.20.150 That Is Compatible With Recent Changes in the Land Use Table and Which Provides for Closer Scrutiny of the Effects of Each Conditional Use Permit. , *Ordinance No. 1798-98 -- Appropriating $45,000 in the Senior Citizen - Borough Grant Fund for the Purchase of a Handicap-Accessible Vehicle. , . *Ordinance No. 1799-98 -- Amending the Kenai Municipal Code, Chapter 6.05 by Adding Section 6.04.145 Entitled, "Absentee Voting in Person." *Ordinance No. 1800-98 -- Amending KMC 6.04 to Allow and Set Procedures for Special Elections By Mail By Adding Subsections 6.04.300 Through 6.04.340. , *Ordinance No. 1801-98 -- Appropriating $113,000 for Improvements at Cunningham Park. , *Ordinance No. 1802-98-- Removing "Advisory" in the Kenai Municipal Code From the Names of Harbor Commission and Library Commission and Deleting the Name "Advisory" From Certain References to the Planning & Zoning Commission. . Approval -- Assignment of Lease/Lot 3, Block 4, General Aviation Apron - James F. Adolf to Bob's Pawn, Inc. and W.W. Wilson, III. The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www, ci. kenai, ak. us Carol L. Freas City Clerk