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Home My WebLink About1998-12-16 Council Packet~Kenai City Council Meeting Packet December 16, 1998 ITEM A: lo 2. 3. 4. AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 16, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBE~ http: / / www.ci.kenai.ak.us / 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. ITEM B: ITEM C: ,! . e e . SCHEDULED PUBLIC COMMRNTS (10 minutes) PUBLIC HEARINGS Ordinance No. 1807-98-- Appropriating $60,000 for the Design of a Multi-Purpose Facility. Resolution No. 98-86 -- Awarding a Contract for Professional Design Servicea to Architects Alaska/K lauder &, Co. for the Project Entitled, If · o , [! Multi-Purpose Faclhty for the Total Amount of $54,458. Resolution No. 98-88 -- Supporting the Efforts of the State of Alaska, Department of Health and Social Services to Obtain F~.nding for the Construction of a Youth Detention Facility. '1999/2000 Liquor License Renewal -- Peninsula Offers Baseball Club, Inc./Recreational Site. ITEM D: , 2. 3. 4. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission -1- . 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: Xe MII~TES ,, *Regular Meeting of November 18, 1998. *Regular Meeting of December 2, 1998. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: . . e . , . , e NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1808 -- Increasing Estimated Revenues and Appropriations by $60,000 in the Crow Court Capital Project Fund. Approval -- Assignment of Lease/Security Assignment of Lease -- Ronald A. Yamamoto to L & M Ventures, Inc. and Michael J. Lott, Natasha L. Lott and Nina Marion/Lot 3, Block 1, Gusty Subdivision. Discussion-- Designation of Director Appointees/Challenger Learning Center of Alaska. Discussion -- Proposed Ticket Counter Lease Agreement for New Airline Service -- Airline Support, Inc. Discussion -- Dip Net Fishery Discussion -- Kenai Peninsula Borough Animal Control Ordinance. Discussion -- Kenai Municipal Airport Request for Qualifications-- Aviation Consulting Services -- DRAFT. -2- ITEM I: _ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attomey 4. City Clerk 5. Finance Director 6. Public Works 7. Airport Manager .ITEM J:_ DISCUSSION 1. Citizens (five minutes) 2. Council ~UTIVE SR.S_SION- None Scheduled ITEM K: ADJOURNMENT -3- MAYOR'S REPORT DECEMBER 16, 199 8 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: No Changes. CONSENT AGENDA No changes. MAYOR'S REPORT o Potential for new hotel and convention center. Suggested development of a new committee for high-tech development. All-America City 50th Anniversary/Awards competition, June 24-26, 1999 in Philadelphia, PA. ''1 r~ ~. .~ o o ~ I=1 ~ ~ 0 0 ~ ~ 0 0 I~ ~ 0 0 m m I~ m m TESTIMO~ SIGN-IN SHEET Suggested by: Administra City of Kenai ORDINANCE NO. 1807-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $60,000 FOR THE DESIGN OF A MULTI-PURPOSE FACILITY. WHEREAS, the City of Kenai desires to construct a multi-purpose facility; and WHEREAS, the facility will be constructed in phases starting with a covered shelter over an outdoor ice arena enclosed on three sides; and WHEREAS, the initial design will allow for future development of refrigeration and full enclosure; and WHEREAS, the facility is planned to be adjacent to the Challenger Learning Center so that parking areas and utilities can be shared; and WHEREAS, funding for the project is to come from the General Fund and the sale of lots in 5 Irons Heights Subdivision; and WHEREAS, funds are available in the fund balance of the General Fund. 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 $60,000 Increase Appropriations: Transfer to Capital Projects $60,000 Multi-Purpose Facility Capital Project Fund Increase Estimated Revenues' Transfer from General Fund $60.000 Increase Appropriations: Administration Engineering 2,000 5~,000 $60.000 Ordinance No. 1807~98 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16m day of December, 1998. ATTEST: JOHN J. WILLIAMS, MAYOR Sheryl A. Padilla, Acting City Clerk Approved by Finance: .r~~~ (11/24/98) kl Introduced: Adopted: Effective: December 2, 1998 December 16, 1998 December 16, 1998 Memorandum CITY OF KENAI "oa 4 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO' FROM: DATE: RE' Mayor and City Council Richard A. Ross, City Manager ~ November 24, ~998 Ordinance No. Z807-98- Design of Multi-purpose Facility The Kenai Peninsula Borough is in the process of obtaining the land adjacent to Kenai Central High School from the Mental Health Trust Fund. This transfer is anticipated to occur on February z g. The Borough will then transfer the land to the City of Kenai for siting of the multi-purpose recreation facility and the Challenger Learning Center. A request is being forwarded to Mental Health Trust which will give the City the authority to conduct soils testing and surveying on the property and to proceed with application for a conditional use permit to allow for the construction of the facilities on this parcel. It is anticipated permission to proceed will be granted. Ordinance No. 1807-98 and the resolution of award, which will be before you on December 16, are premised on the acquisition of this parcel and the granting of the Conditional Use Permit. Should we proceed with the design, and the conditional use for this parcel is denied, then an additional cost of up to $10,000 could be incurred to modify the design to fit another piece of land. It is the recommendation of the Administration that we proceed with design award and not wait until after actual land transfer and approval of conditional use. The project would not go out for construction bid until those issues are resolved. By proceeding, we would be able to make this construction season possibly, even if there were a change in siting. We also have an opportunity to share site infrastructure costs with the Challenger Learning Center project by bidding both together. RAR/kh CITY OF KENAI RESOLUTION 98-86 Suggested by: Administr~. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR PROFESSIONAL DESIGN SERVICES TO ARCHITECTS ALASKA/K~UDER & CO. FOR THE PROJECT ENTITLED "MULTI-PURPOSE FACILITY" FOR THE TOTAL AMOUNT OF $54,458. WHEREAS, Architects Alaska/Klauder & Co.'s proposal dated November 10, 1998 has been reviewed by the City Administration; and WHEREAS, sufficient funds have been appropriated to award this project; and WHEREAS, the Council of the City of Kenai has determined that the award to Architects Alaska/K lauder & Co. would be in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for professional design services for the project entitled "Multi-Purpose Facility" be awarded to Architects Alaska/Klauder & Co. for the total amount of $54,458. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this December 1998. 16~ day of ATTEST' JOHN J. WILLIAMs, MAYOR Carol L. Freas, City Clerk Approved by Finance'/'~ 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: From: December 10, 1998 Mayor and City Council Richard A. Ross, City Manager~f Resolution No. 98-86 In your decision to award design services to Architects Alaska/Klauder & Co., the following issues should be considered' le e The proposed facility design is based on financial restraints that will require full development over two or more phases. Financial constraints also dictate that the structure will be a steel building. Approximately two months ago I advised Council that the Administration would enter into negotiations with Klauder & Company for a Phase I Design Proposal. Mr. La Shot has negotiated a fee structure that is consistent with past experience. The reasons for negotiated professional services in this case instead of going to RFP are: a. Klauder & Co., Wince-Corthell, and other members of the design team are already engaged in development of the Challenger Learning Center. This facility will be located on land to be transferred to the City by the Borough. The Recreational Ice Facility is proposed for co-location on this same site. Coordination in the planning of the layout of these two facilities is important. Memorandum to City Council December 10, 1998 Page 2 of 2 be By using the same design team it is anticipated that there will be cost and time savings in planning and design of facility layout, soils testing work, development of parking facility design and design engineering of utility services. Ce Coordination of infrastructure design should result in construction savings. By going to construction bid at the same time, further savings should be realized both to the City and Challenger Learning Center of Alaska. In the future, should final facility development be completed as Phase II, the City would not be precluded from going to RFP for further design and engineering services. 3. The Kenai Peninsula Borough is proposing to acquire the site next to the Kenai Central High School from the Mental Health Trust and subsequently transfer the land to the City. The Administration is proposing that the site remain unsubdivided with both facilities located on it. Attached is a copy of the time line for acquisition of the site. The Mental Health Trust is providing to the City a letter authorizing the City to proceed in acquiring the Conditional Use Permit necessary to develop these facilities. The parcel is presently zoned Suburban Residential, as is the land that Kenai Central High School and Kenai Middle School are located on. The proposed facilities can appropriately be allowed in this area by conditional use. Attachments RAR/kh >.. Z Z 0 Z ~z Z """ mO Z~ ~~. Z -t- X Z DEC 11 · 98 10:51AM ST AK DMR MIHIMG 987 269 8949 P. 2×2 December 11, 1998 Marilyn Keb$chull City of Kenai, Planning and Zoning Administration 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 RE: Proposed Challenger Site - Non-Objection for Conditional Use Permit Dear Ms. Klebschull: This letter is in response to your memo to Roy Dudley dated December 2,1998 r®garding the Conditional Use Permit process for the parcel of land adiacent to the high school (the proposed 'Challenger Site') which is owned by the Mental Health Trust Au~odty (theTrust). Specifically, you need the permi~ion of the Trust, as landowner, in order to initiate this permit process, which is a requirement of the Kenai Municipal Code for the proposed development of this site. The Trust Land Office, acting on behalf of the Trust, has no objection to the City initiating the conditional use permitting process for this site, provided that it is understood by the City that the any permit issued for this site will be null and void if the proposed exchange of this site between the T ,nJst and the Kenai Peninsula Borough does not occur. hon'/ Executive Director Cc: Lisa Parker Alaska Mental Health Trust L~ncl Oi~ce · Department of Natural Resources __~__llLI ~____~--~ ,, _ ~_:,~__~_- _ , Propose!,, to Provide Professional Services Kenai Recreational Ice Rink Architects ~l laska/Klauder & Co. Associated Architects Client' City of Kenai Date: November 10, 1998 Architects AlaskaJKlauder & Co. appreciates this opportunity to propose fees to provide professional design services for you new Kenai Recreational Ice Rink. The following proposal outlines our understanding of the Scope of the Project and the Scope of Services we believe will be required to allow you to accomplish the first phase of construction. This proposal is based on our current understanding of your needs and the approach you have taken to me~ those needs on a limited budget. Our current understanding may not be 10~A correct and we a certainly open to making any appropriate adjustments to either the Scope of the Project, or thc Scope of Services and our Proposed Fee. We propose to use the engineering and technical services of the following firms in the planning and design of' this project' We have included their engineering fees in this proposal' Mechanical Engineering Electrical Engineering Civil Engineering Structural Engineering Pre-Engineered Building Consultation Landscape Architecture AMC, Anchorage AMC, Anchorage Win~ Conhell Bryson, Kenai Wince Corthell Bryson, Kenai Superstructures, Inc., Soldatna Little Unlimited Scope of the Project The City of Kenai proposes to construct a new Recreational Ice Rink facility on the south west portion of a site to the west of' Kenai Central High School. The north east portion of' the site is planned to be occupied by the new Challenger Learning Center of Alaska. The Ice Rink will eventually share parking with the Challenger Learning Center. Thc Completed Recreational Ice Rink Building will have a footprint of approximately 220' X 164'. The building will house a hockey fink of 85' X 185' surrounded by a running track with bleacher seating, a Zamboni Room, Compressor and Chiller Room, Four Team Rooms, Men's and Women's Toilet Rooms, a Control and Ticket Counter, a Skate Remal Space, an Office, a Snack Bar, a Pro Shop, and Building Support Spaces. The first phase of construction will consist of the north, west and south walls of the building shell, and the roof. Structural components such as the foundation and support columns will be sized for fiature loads. A dasher system will be prodded for the rink. Parking for a~proximately 60 cars will be provided in the first phase. No plumbing, heating and ventilation, floors, interior partitions, doors or windows will be provided in the first phase. The electrical service entrance will be sized for the completed facility but phase one electrical work will be limited to exterior type lighting for the parking lot, site, rink and occupied spaces. Kenai Ice Rink - I Scope of Services General The following scope of services has been designed to allow for the construction of the Recreational ice Rink Building in two or more phases. Because it will be necessary for the mb~equem phase~ to fit within and be physically supported by work in the first phase, it will be important to design a facility Ma~ter Plan in mffi¢i~nt detail to allow the design of th~ interface between Phase I work and the work of ~ub~equent pha~e~. The following; scope of service~ is therefore ,tructurcd in the following stage~: 1) M~tcr Plan/Schematic Design; 2) Preliminary Pha~e I Design; 3) Phase I Con~tmction Document~. Stag~ 4 and 5, Bidding and Construction Administration {:an ~ith~r be negotiated ~eparately or billed at our Standard Hourly Rate. o i.1 1.1.1 1.1.2 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.4.1 1.2.4.2 1.2.4.3 1.2.4.4 1.3 1.3.1 Master Plan/Schematic Design Workshop I Architects Alaska/Klauder & Co. has completed a Preliminary Concept Design illustrating a proposed location of the building on the side and a proposed internal organization of the building. Stu Smith, Principal-in-Charge, and Peter Klauder, Project Architect will meet with a Building Design Committee representing ~he City of Kenai, the Kenai Hockey Association, and other interested parties and organizations who will use the fink. They will use the Preliminary Concept Design as a vehicle to facilitate discussion of the project and veriO the project program. Site circulation and building circulation will be discussed, the sizes and internal organization of space will be discussed. Internal features of each functional space will be discuss Preliminary Schematic Design Architects Alaska/Klauder & Co. will consult with our mechanical and electrical engineering team, AMC, to verify ftnure horizontal and vertical needs for space to accommodate future mechanical and electrical equipment. Architects Alaska/Klauder & Co. will consult with Superstructures, Inc. and Wince Corthell Bryson to define optimal spacing, orientation and depth of the structural elemems of the building. Architects Alaska/Klauder & Co. will consult with Wince Corthell Bryson regarding the design of the parking area, site drainage, paving, curbs gutters, etc. Architects Alaska/Klauder & Co. will develop a Preliminary Schematic Design integrating the input from Workshop I and the input of our subconsultants. We will prepare: Site Plan Floor Plan Exterior Elevations, Four Each Building Sections, One Each Workshop II Stu and Peter will present the Preliminary Schematic Design to the Building Design Committee. The organization of horizontal and vertical space will be discussed. Potential materials and systems will be discussed. Ideas for improvement to the design will be Kenai Ice Rink- 2 1.4 1.4.1 1.4.2. 1.4.3 1.4.3.1 1.4.3.2 1.4.3.3 1.4.3.4 1.4.3.5 1.5 1.5.1 . 2.1.1 2.1.1.2 2.1.1.3 2.1.1.4 2.1.1.5 2.1.1.6 2.1.1.7 2.1.1.8 2.2 2.2.1 2.3 2.3.1 solicited from the committee. Appropriate design adjustments will be recorded for inclusion in the Schematic Design Final Schematic Design The Preliminary Schematic Design will be reviewed by our subconsultant engineering team which will verify vertical and horizontal space requirements, verify the spacing, orientation and depth of structural elements. Our engineers will make preliminary selections of equipment which must be accommodated in the ultimate facility. They will prepare "test layouts" of proposed equipment to verify that sufficient space will be available when the systems are ultimately designed in detail. Light fixtures for inclusion in the Phase I construction will be selected. Superstructures, Inc. will provide preliminary structural member sizes and locations for coordination with mechanical, electrical, and architectural systems Architects Alaska/Klauder & Co. will prepare Final Schematic Drawings integrating the decisions of the Building Design Committee and adjustment recommend by our engineering and pre-engineered metal building consultants. Final Schematic Design Submittal will include: Site Plan Floor Plan Exterior Elevations, Four Each Building Sections, Two Each Manufacturer's cut sheets on proposed products and systems Workshop HI Stu and Peter will present the Final Schematic Design to the Building Design Committee. The presentation will particularly focus on the elements of the design to be included in Construction Phase I to assure that the expectation of the Committee and the plans for Phase I are coordinated. Construction Documents Architects Alaska/Klauder & Co. and our engineering team will prepare Preliminary Phase I Construction Drawings for the building shell, parking lot and landscape improvements. Drawings will include: Preliminary Site Plan (by WCB and Little) Preliminary Floor Plan Preliminary Building Elevations Preliminary Building Sections Preliminary Foundation Plan Preliminary Roof Framing Plan (Bases on Preliminary Design by Superstructures, Inc.) Preliminary Lighting Plan (by AMC) Workshop IV Peter Klauder will present the Preliminary Phase I Construction Drawings to the Building Design Committee for their review. This submittal will provide the committee with a definitive scope for Phase I Construction. Final Phase I Construction Documents Wince Corthell Bryson will prepare Phase I Civil and Structural Foundation Construction Documents including: Kenai Ice Rink- 3 2.3.1.1 2.3.1.2 2.3.1.3 2.3.1.4 2.3.2 2.3.2.1 2.3.2.2 .2.3.3 2.~.3.1 2'.3.3.2 2.3.4 2.3.4.1 2.3.4.2 2.3.4.3 2.3.4.4 ~2,3.4.5 2.3.4.6 2.4 Division 2 earthwork and paving Technical Specifications Division 3 concrete and reinforcing Technical Specifications Sheet C-1 Site Paving and Drainage Plan, Site Details Sheet S-I Foundation Plan, Concrete and Reinforcing Details Little Unlimited will prepare Phase I Landscape Documents including: Division 2 Planting Specifications Sheet L-1 Planting Plan AMC will prepare Electrical Construction Documents including' Division 16 electrical Technical Specifications Sheet E-I Lighting and Power Plan, Electrical Details Architects Alaska/Klauder & Co. will prepare Phase I Architectural Construction Documents including: Bid Schedule, Division I General Requirements, and Division 13 Technical Specifications for Preengineered Metal Building. It is assumed that General Conditions, Form of Agreement, Surety Form and other "Boiler Plate" Documents will be provided by the City of Kenai. Sheet A-1 Architectural Floor Plan, Roof' Plan Sheet A-2 Framing Schematic Roof Framing Plan Sheet A-3 Exterior Building Elevations (a each) Sheet A-4 Large Scale Building Sections Sheet A-5 Architectural Details (Hockey Dashers, Flashing, etc.) Document Quality Review *** END*** Kenai/ce Rink - 4 0 --' 0')~ X 000 O0 ENGINtr.PS November 10, 1997 Mx'. Peter Klauder Klaudcr and Company Architcct~ 455 North Forest Drive KennL, Alaska 99611 v/afro: 1-907-283-6600 Kmai Ice Rink (P0904) SUBS: Mechanical and Elecuical Engineering Fee Proposal Doar Peter: This letter is in response to your recent request for a mechanical and electrical engineering fee proposal for Preliminary Concepts and ElecaScal Phase I Design for the Kena| Ice Arena project we have been discussing. Thank you Ibr the opportunity to work with you on this project. Following is the basis for our Scope of Services: B,asic Scope of the Project: The Scope of the project is to assist you and the City of Kenai to develop a viable plan for constructing a new ice arena in two phases, and design Phase 1. Phase I will I~ a lighted and covered shelter over a standard outdoor ice arena. The shelter will be closed on three sides. The. re is no refrigeration or other mechanical work in Phase 1. Phase 2 is construction of a refrigerated ice arena with a total gross area in the 30,000 to 40,000 square foot range. The goal is to preserve ~ much of the Phase 1 invegtment as possible during Phase 2 construction. 2. The mechanical and electrical Preliminary Concept Phase scope is to assist you with space planning and scope development for the final arena masterplan, including basic project phasing. We will prepare a list of key mechanical and electric, al system components, as$i~ you and the cost estimator to arrive at mechanical and electrical project budg,~, and prepare a Concept Narrative of mech~icnl and electrical systems. We will also coordinate with your structural consultant to establish average design floor loading requircmenu for upper level mechanical and electrical rooms. 3. The electrical Phase I scope includes design of the main electrical service (~e~aral~ly metered), power distribution, communica~ons service entrance and conduit only system for the shelter, open ice rink lighting, and a small amount of $ito lighting. . Project consn~ction funding is not established, except that funds available for Phase 1 appear to be in the I;600,000 to t;800,000 range. Part of the A/E t~am'$ as$igjuncnt is to establish a budget for both phases of the project. Our ~rvices will include ~e following~ Informal consultation with you and the other design team m~mbers fi'om time to time as required for normal desiga coordln~tion affecting our disciplines. Adams, kdoegenthalef and Compang, Inc. 3333 1:)4matl · Suite I O0 · ~an~rage, ~(; 99503-4O88 fax go7-272-ssg3 · ame~ame-englneef,J..e, om· phone gOT-27g-0431 Klauder and Company Kenai Ice Arena Preliminary Concepts and Phase 1 November 10, 1998 Page 2 t Preliminary equipment lists for estimation of total project cost by the cost estimator. We will sel¢~ systems with consideration given to all advance criteria provided. We will exercise reasonable judgment in the selection of systems and approaches, and do not intend to use life cycle cost al~lysis (LCCA) or other exhaustive proofs. LCCA can be provided as a special service on ~ system-by-system basis if requested in advance. Our Deliverables to you will include: 1. Typed Narratives describing preliminary mechanical and electrical systems conczpts, space requirements, equipment sizes and relevant information for project planning by you and the Owner. 2. One set of' full size reproducible drawings presented at 1/8" scale using your title block for the Phase 1 Electrical design. Interim plots will be on vellum or translucent bond. Final plots will be on vellum or mylar. Specifications will be by sheet notes on the drawings. Other assumptions inct~e: 1. AutoCAD floor plan bases will be independently provided to us before we bead, in. You will provide us with two (2) complete copies of each submittal to the client. You will obtain and pay for all reproductions of our origina~ at all phases. We will be happy to transmit thc originals to you or your designated printing facility if requested. If electronic versions of any deliverables are mnsmitted, the electronic media sh~ll not supercede the formal hard copy. Reuse of the information is at the risk of the user and the storage life of the media is not guaranmed. A disclaimer will be affixed to such media. Our "Standard Proposal Assumptions~ are incorporated by reference and are a part of this proposal. 3~ , Thi's proposal is for Prel.imin~:~y Concepts and Ph,~e 1 Ele=arical Desi~ Services only. Additional Services which may be requested later might include: l. Dcsiga Site Visits during thc Preliminary Concepts and Phase 1 Electrical Design Phases. 2. Phue 2 Mechanical and Electrical Design. 3. Bidding/Construction Services such as: a) Prcbid or Postbid Conferences, which will be negotiated separately as requested b) Submi~ and shop drawing review c) Construction observation d) Clarification and interpretation of our Documents during construction e) After bid me,tings f) Commissioning g) Warranty observation · 4. Assistance wi~h permit applicsfion beyond initial contact with the building authority as requked by the normal course of design. Klauder and Company Kcnai Icc Arena Preliminary Concepts and Phase 1 November 10, 1998 Page 3 5. Formal meetings with the client on a regular basis, formal design review meetings and other me,lings not directly required for design production and coordination. 6. Additional services such as changes in project scope, delays, and other impacts, will be performed on an hourly basis unless other arrangements are made. Fee Proposal: We propose to provide engineering services on s lump sum fixed fee basis, as follows: Mechanical Prelhnin~-y Concepts $ 4,700 Electrical Preliminary Concepts $1,700 Mechanical and Electrical Preliminary Concepts $6,400 $6,400 Electrical Phase 1 Design '"'~°tnl this Pr~)posa! $ 4,375 $ 4,~75 $10,77S S chedu, l.e.'_ A finn schedule has not been established. We assume that Preliminary Concepts will need to be completed in January so that Phase 1 can be designed in the late winter for n spring bid and summer construction. Flexibility,: This is our best current understanding of the scope and effort required for this project We remeifl flexible and can work with you to adjust thc scope, modify our list of deliverables, discuss the schedule, and negotiate our fee accordingly. Please let us know how we can se~e you better. Tha~ you for contacting us on this iatcrcst~g project If this proposal is acceptable as written, your wTitten acknowledgment would be appreciated. If you see the need for further refinements, please call at your convenience. We look forward to working with you again. Siacerely, PROPOSAL ACCEPTED: AMC Engineers ! BY: . DATE: ai~ed NAME: . . TITLE: V:~Ptoposah~a:)904 Kcnai fcc Atena~Ptelim Concc~t~ & Ph 1 Elect Fcc letter 8-11-09.doc WINCE-CORTHELL-BRYSON BOX 1041 KENAI, ALASKA 99611 TEL: 283-4672 FAX: 283-4676 Klauder & Company Architects 455 North Forest Drive Kenai, Alaska 99611 Attention: Peter Klauder Subject: Ice Hockey Rink Kenai, Alaska November 9, 1998 Peter, Wince-Corthell-Bryson is pleased to provide this proposal for engineering services requested on the subject project. As we understand the project, the City of Kenai is proposing to have an approximately 164' x 220' premanufactured, three-sided, metal building constructed on the same parcel of land as the Challenger Center. The building, for this phase of the work, will primarily be just a shell, however, consideration v~411 be given to future enclosure and possible furore expansion of the building, including various load combinations. Wince-Corthell-Bryson proposes to provide structural and civil engineering and drafting services necessary to provide complete Phase I structural foundation and civil site plans and specifications. Design of the foundation wilt be based on reactions provided through you, from a metal building manufacturers analysis of the proposed building. The site plan will utilize the site plan presently being designed for the Challenger Center, with modifications made for grading around the building, water and sewer extensions' to the building, and finalization of parking in front of the building. Required details will also be provided. No additional field sUrVeying, platting or geotechnical investigations are proposed as part of this work, nor is any contract administration. Printing of final documents is to be provided by you. We propose to provide the above described services for a not-to-exceed cost of $7800.00. Follo~g is a breakdown of the costs: Structural Engineering: Priliminary Design Engineer VI Final Design Engineer VI Typist Total Structural Engineering 24 hfs ~ $85.00/hr 24 hrs ~ $85.00/hr 4 hfs @ $40.O0/hr $2040.00 $2040.00 160.00 $2200.00 $4240.00 Civil Engineering: Preliminary Design Engineer VI Final Design Engineer VI Typist 16 hfs ~. $85.00/hr 24 hfs ~ $85.00/hx 4 hrs ~ $40.00/1~ $1360.00 $2040.00 160.00 $22OO.OO Total Civil Engineering $3560.00 If you have any questions regarding this proposal, please do not hesitate to contact me at your earliest convenience. Sincerely, Mark Blanning, P.E. Wince-Corth¢ll-B tyson LITT~ UNI. IMITED LANDSCAPE ARCHITECTURE & PLANNING PO Box 3957 Soldotna, Alaska 99669 (907) 262-2471 Fax (907) 262-1941 Ke~nai Ice Rink Sche~tu]~ of Fees Principle Landscape Architect $50.00 / Hour Conceptual Schematic D~sign Development Construction Documents Bidding Construction Inspex:tion 2 Hours 8 Hours 11 Hours 10 Hours 2 Hour . 4 Hours 37 Hours @ $50/Hour $1,850 i 'k.'.. · .. TM ..o DICK IIUCKMAN -- ii i i i ·, ii _ _ i i i ii im Jtl I I II Diem PER OUR CONVER~llON, WE WILL PROVIDE VI3 .BUlLDI~ PRELIMINARY STR~RAL DRAWINGS WITH REACTIONS WITH OUT A STAN~, TO INCLUDE A COST ~TE FOR THE SHELL OF THIS PR~~ WHICH WOULD INCLUDE Ot~Y THE VI= STEEL STRUCTURE, FREIGHT ~ ERECTION FOR AS A FUR'II. iER CLARIFICATION, WE WI~ BE ABLE TO INCLI.E3E POINT LOADS IN THE REAC~ BUT NO SECOND FLOOR OR M1:::77. DRAWLS. PflOHm 007-262,.S888 SLI~.~i¥~UCTUliE~ INC 224 I~NM AWlWl PAx: Ml7-212-5018 City of Kenai RESOLUTION NO. 98-88 Suggested by: Administr: A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE EFFORTS OF THE STATE OF ALASKA, DEPARTMENT OF HEALTH AND SOCIAL SERVICES TO OBTAIN FUNDING FOR THE CONSTRUCTION OF A YOUTH DE-~ENTION FACILITY. WHEREAS, the State of Alaska Department of Health and Social Services, Division of Family and Youth Services' Master Plan for Youth Facilities (February 1997) recommends building a Youth Detention Facility in the Central Peninsula; and, WHEREAS, no detention facility exists on the Kenai Peninsula and a need exists for a secure facility that would allow juvenile offenders to remain closer to their families while waiting for trial and serving sentences; and, WHEREAS, no juvenile booking facility exists in the area and arresting officers and juvenile corrections personnel are required to spend inordinate amounts of time arranging for the care and custody of juvenile arrestees; and, WHEREAS, the lack of a local facility often results in the immediate release of juvenile offenders, or an extended wait to serve their sentence, sending a message that there are no immediate consequences to criminal behavior; and, WHEREAS, the construction of such a facility, capable of housing no less than ten youths, and incorporating prevention and intervention components into its operation, would alleviate these problems for Kenai and other Kenai Peninsula communities and provide support to the parents and families of troubled youth; and, WHEREAS, the City of Kenai has identified a parcel of land on Marathon Road suitable for the construction of such a facility, located in close proximity to the Kenai District Court, Kenai Municipal Airport, Kenai Youth Corrections, and other allied services, and is willing to provide that site to the State of Alaska; and, WHEREAS, the City of Kenai has demonstrated it is committed to addressing these needs by providing all Central Peninsula law enforcement agencies and the State of Alaska Youth Corrections with a temporary juvenile holding cell since 1986 and; WHEREAS, the residents of the City would benefit from locating the facility in the City by providing support to the parents and families of troubled youth residing in the city and, at the same time, reducing operating costs and liability risks incurred by the City's Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to support the State of Alaska Department of Health and Social Services, Division of Family and Youth Services efforts to obtain funding for the construction and operation of a Youth Detention Center to serve the residents of the Kenai Peninsula. Resolution No. 98-88 Page 2 of 2 BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Karen Perdue, Commissioner of Health and Social Services; Senators John Torgerson and Jerry Ward; Representatives Gary Davis and Gaff Phillips; and Representative-Elect Hal Smalley. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December 1998. John J. Williams, Mayor H. Raymond Measles, Vice Mayor Linda Swamer, Council Member James C. Bookey, III, Council Member Joe Moore, Council Member Hal Smalley, Council Member Duane Bannock, Council Member ATTEST: Carol L. Freas, City Clerk DEPARTMENT OF REVENUE ALCOHOLIC BEVERAGE CONTROL BOARD TONY KNOWLE$; 550 W. 7TH AVENUE, STE. 350 Anchorage, Alaska 99501-6698 Phone: 907-269-0350 Fax: 907-272-9412 Carol Freas, Clerk City of Kenai 210 Fidalgo Suite 200 Kenai, AK 99611 Dear Ms. Freas: December 1, 1998 We are in receipt of the following publication(s) for renewal of liquor license(s) within the City Kenai. You are being notified as required by AS 04.11.520. Additional information concerning filing a "protest" by a local governing body under AS 04.11.480 is included on page two. Beverage Dispensary Pizza Paradisos cc: Linda S. Murphy Kenai Peninsula Borough 144 N. Binkley Soldotna, AK 99669 DEO- 10-98 THU ! 5:38 KENAI PENN BORO OLERK FA× NO. 9072628616 P, 01/01 EN&I PENINS'UI..A BOROUGH 144 N. BINKLEY .' $OLDOTNA, AI.~SKA . 9966g-7599 BUSINESS (907~ 21~2-S608 FAX (907) 262-861.5 EMAIL.: assembiycle~@ 00rougl~.ken~i.~k.u~ LINDA MURPHY, CMC BOROUGH CLERK D¢ccmbcr 10, 199g Ms. Donna $ohn$on Kccords & Licensing Supervisor Alcoholic Beverage Control Buard 55 0 W. 7tk Avenue Anchorage, AK 99501-6698 Re: Application for Renewal of Liquor License Dear Ms. Joba~son: Please be advised that the Kcnai Peninsula Boroughhas no objection to the approval of the following application for renewal of a liquor license for this establis~cnt, located in thc City of Kenai, Alaska: Rec. reational Site. Peninsula Oilers The Kenai Peninsula Burougk Finance Departmem has reviewed it~ flies and has raised no objection based on unpaid or delinquent taxes. Sincerely, Linda S. Murphy, CM~,~ Borough Clerk CC: Applicants City of Kenai KPB Finance Department File $:~WPWlN~d:}ATA~,SCl~Ahc.ictt~l~,~WA/.S~.a~ewal in Ci~y.wlxi Type M ~Ik)n: LMmi TyIx W IMtrlnc, TFor i. men# Yeer~ ~~... ~ x~/~o~o ~-o~~ U.n~ ~ ~00.00 0.00 . D NO ~ ~ Su~mm~ ' ,600.00 ~.,--.,~~ ..... : ~ ~~ ~~) ~insul~'-~i~e"s Baseba] ] ~]ub, Inc. Tinker [aha & [.awtnn nriv( P~Box 318 o~ Kenai, AK 99611-0318 Kenai, AK 99611 ~~N ~ ~mA~~U~~ 283J~3 LIQUOR LICENSE APPLICATION PAGE1 OF2 (Please read separate Instructions) ,., ,.,., ., , ,. ,. ,,~ ,.,. C>' , . -' ,, "l .'- - 9/30/9c O TwoYear ~ SealonaJ - Oatem of operation not to exceed12 mo$. 41.1/99 XXNX)BXZBB[ /0~ SE¢'i'iON B. PREMISES TO BE LICENSF__n. mst ~ CkwlmOhumh: I r"i A804.11.410 OR i D LoM~No.: ,, imloemeonMprenVmemW~MWmamenSOmaeelrommebouncJMleeoLa , m..~i~ (momom,o dy, Wo~h 0~ ..,~ mun~y. . . ) ? SECi ION C. RENEWAL INFORMA m ION., Must Ix completed for Renew&i aL;,~,..~[~,,. I Hal iieenleci premmel where micohoiic beverlgel Ire t Hal the Itltiment of tinanciai interest changecI from the PACKAGE STORE. I~ Ibm I renewal M the annual IoM, IMvecl, conlumecl, polielied and/or 8torod IxenI Mit llltement iul:)mil~ed? ~ required under 1K 104.646 to iMI ~ chilled Item the la~t Oiagmm lui)mitt~? bevemOeo m nm)enee te wneen orciel? q YES [~]XNO O YES ~ NO I'1 YES 0 NO 0 ~ TmnMw. Any mmbumem exemmcl under AS 04.11.870 tm, puq~mMm M ~ M 04.11.:Mo(4xs) in m imtM Involunmy banew, nmM Ix flied wlh mm (Attmm oxtm oM If gumoeoomy) S~CilC[~ E. COfiPO~ON INFORMAilOI c-::~_; :~.~,~ Peninsula Oilers 8Er-oRE TRANaFEFL Oeam eummmm A~ (8.emm Name) BEFORE TRAN~::L~R, ~ ~ or Locllk)fl Must Oe COIT~MeCI I/~,,~.._v'~_nt or (:o-~.~.__ m · ooq~orm~_~. (AS 04.11.390) C)ok~ Busmee8 Aa (Buslnm Neme) OMo M In(:o,lx)rilon en AMm~a R2e-,~l 1 rl ,th TnC PO Box 318 Kenai, AK 99611 Peninsula Oilers 8trNt ~ or ~ of 8uMneee Tinker Lane & Lawton Drive O~y end 8~e Kenai, AK I~gi4mm,d Age,, (Nmm m,m Mmi~ Addmm) Dwain Gibson PO Box 1255 r~ X(F.~ ON{) · ~ · Kenai, AK 99611 John Lohrke Linda Chivers Dwain Gibson Ron Malston THI8 AREA OFFICE USE ONLY POB 4412 Soldotna, AK 9966c~ POB 222 Kenai, AK 99611 POB 1255 Kenai, AK 99611 405 Overland Kenai, AK 996 April 14, 1974 ,i OMpomte Office Phone No. 283-7133 YNm: ) q M~: 283- 7.116 DMeM B~h 5/12/57 5/11/50_ 8127131 11 4/3/34 N/A N/A M/A N/A Fon~ 04-~01 Paee I (Rev ---] John L~)hrke PC) Ro~ 441~ ~nldntna. AK Linda Chiver~ PO Box 222 --K~. AK 99611 521! Kin(:] Salmon. Kenili. AK '0081~~~8g Se~qu~s~, Ken~ ~g~ll ~!~/H? ~R~-6~I., 262-5491 5/11/50 283-7547 ' 283-7542 President ! 28 !'7 ! m Vice-President .... Ron Malston · o 405 Overl and " Kenai, AK 99611 1109 Fourth Ave Kenai, AK 99611 ' 4/3/34' 283-5224 283-49,66 Y'~ t~"" Ih~~'~m~*~'~'n''~ ,,m~,~-,=~,,,.~"-=~-*~"-~, 52 .... Treasurer S,..ECTION G. INDIVIDUAL/CORPORATE OFFICER BACKGROUND. If never havJ~ filed e~ ~ filing of the la~t al)01ication, ha~ any ~~1 or ~te Ofl~r I~t~ ~ ~~~ of a te~y..a viomti~ of RS ~, or ~ ~~, u I ~ ~ ~~r M I~ ~m~l in t~r atam of ~e I~r la~ ot ~at , i SE~ON H. DEC~~ION. ~--~m~,u~ ' I d~mm under penml~ of pe~u~ that I hDve examined this mppli~tion, inUuding ~e m~mpmnying ~h~ule8 mhd 8mt~enm, and to ~e ~t of my knowledge mhd ~lief it is true, corm~ mhd complete, and thi~ mppli~tion i8 not in ~mbon of any 8~ud~ intem~t or other ~tm~H obligmUon6. I ~eher ce~i~ that I have mad mhd mm familiar with ~tle 4 of the Alae~ statute~ mhd its regulations, and that in 8~omance with AS ~.11.450, no pemon other than the applicant(m) or licensee(5) ha5 8ny dire~ or indim~ financial intem~t in the licen~H bumne8~. I mgme to pm~de 811 info~mtiofl required by the Al~holic Beverage Control Board in ~up~ of this 8ppli~tion. fl ~~m Is ~ m ~wmp ~~~ ~ Palp S~e I~, I ~n~ ~mt em~ m~m n~ m this m~t~ has r~ Iff · e 8~te ~ ~ ~ ~ ~ ~ y~r ~r m ~e ~te of ~ ap~tmt~: a~ ~e a~~ ~ a ~a~n r~ter~ ~ qu~fl~ to ~ ~~a ~ ~ s~te ~ N~ ~ ~ ym ~r~ ~e ~te of ~t~ ~~~, ~ all ~ ~e ~r~~s have r~~ In ~e s~te ~ A~ ~ at I~ ~ y~r ~ ~ ~ ~te ~ ~1~ ~~~. '~ . .. ';~ Foal 04-901 P~e 2 (Rev A~6) I~NAI AIRPORT COMMISSION DECEMBER 10, 1998 Kenai City Council Chambers Tom Thibodeau, Chairman ***AGENDA*** ITEM 1: CALL TO ORDER AND ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES - November 12, 1998 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: AIRPORT MANAGER'S REPORT ITEM 8: COMMISSIONER COMMENTS AND (~UF~TIONS ITEM 9: PERSONS NOT SCHEDULED TO BE HEAleD ITEM 10: INFO~TION ITEMS a, Kenai City Council Meeting Action Agenda -- November 18 and December 2, 1998. ITEM 11: ADJOURNMENT KENAI AII~ORT COMMISSION MEETING MINUTF~ DECEMBER 10, 1998- 7:00 P.M. KENAI CITY HALL THOMAS THIBODEAU, PRESIDING ® e e ® e ® ® CALL TO ORDER AND ROLL CALL Chairman Thibodeau called the meeting to order at 7:00 p.m. Members Present: Bob Favretto, Tom Thibodeau, Henry Knackstedt, James Bielefeld, Dan Van Zee Members Absent: Ron Holloway, Lucy Lorenzen Also Present: Airport Manager Steve Atha, Contract Secretary Victoria Askin Ap. PROVAL OF AGENDA KNACKSTEDT MOVED TO APPROVE THE AGENDA. MOTION SF~ONDED BY VAN ZEE. THE AGENDA WAS APPROVED AS WRITTEN. APPROVAL OF .MINUTES Regular Meeting of November 12, 1998 KNACKSTEDT MOVED TO APPROVE THE MINUTES NOVEMBER 12, 1998. MOTION SECONDED BY BIELEFELD. MINUT~ WERE APPROVED AS WRI~EN. PERSONS SCHEDULED TO BE HEARD- None ,, OLD BUSINESS- None NEW BUSINESS - None REPORTS Airport Manager Manager Atha stated his intention is to present a proposal to the Commission to outline various items he would like to accomplish. Atha reported he was in contact with Payless Car Rental and requested a proposal but has not received anything. Se Atha also reported enplanement reports should have been received by everyone. Atha offered his apologies they weren't included in the packet but the reports given to the office were in error. Bielefeld asked if Airline Support had been in contact to provide future service. Atha reported Airline Support was still looking for airplanes to lease and did not expect to hear from them anytime soon. ERA has been very cooperative with the move to other space at the airport and the question and answer session was a success. COMMISSIONERS' COMMENTs / QU~STIONS Commissioner Knackstedt asked Manager Atha for other ideas to promote the airport. Manager Atha stated everything is talcing time and there are budget restraints. He has made contact with the Short Wing Piper Group and addressed the possibility of a fly in at the Airport. Atha related he had also been in touch with the Economic Development District and attended an Alliance meeting to promote possible involvement in the Industry Day celebration, etc. Atha commented, surveys have been done worldwide that do not support air shows at an airport. An entirely different element is encountered with air shows. He added, he felt static displays were one way a lot of positive attention could be received for the airport as they are educational, helpful and get information across. However, fly-ins can be very positive as well. He commented, through food sales or corporate sponsorship, money can be raised and the activity can be a lot of fun. Civil Air Patrol can provide security, thus giving them practice and matdng it more of a community-sponsored event. Atha further commented Kenai, could be a potential convention site. There are limited resources but Kenai offers a lot of possibilities. Atha stated he is working to build better rapport with the airport tenants by holding listening meetings to get issues out where they can be addressed. Atha commented, the budget process will begin soon and since this would be his first time with the City of Kenai, he would be learning the ropes as well. Commissioner Knackstedt reported the 170 Club planned to hold a fly- in and anticipate 200 airplanes from outside Alaska will participate. ^tha stated this was how the word could be passed along and the area KENAI AIRPORT COMMISSION MEETING DECEMBER 10, 1998 PAGE 2 10. could get some future tourist business. He added, it would be a "zoo" having that many airplanes but it could be very positive for the community. Knackstedt said it would be a large group of people and many would probably camp out. He suggested additional camping areas would have to be identified for their use. Knackstedt added, with a little planning, temporary tie-downs could be constructed for an event this size. Chairman Thibodeau stated there was concern expressed at the last Commission meeting regarding military airplane approaches at the Airport. He continued, in the past the military had been invited down to events such as 4th of July so people could see the planes and ask questions. The Commission may want to address this type of invitation again. Civil Air Patrol did security at these events as well. Commissioner Favretto asked if the Commission would be privy to the RFP for the proposed airport expansion before it goes to Council. Manager Atha reported that once the RFP was reviewed by the attorney, it would be available. Commissioner Favretto asked that the Commission recommend they see it before it goes to the Council to avoid problems they experienced in the past. No action was taken. IlgFORMATION Kenai Airport Commission Minutes of November 12, 1998. ADJOURNMENT VAN ZEE MOVED TO ADJOURN. MOTION SECONDED BY It~ACKSTEDT. MEETING ADJOURNED AT 7:21 P.M. Respect~lly submitted, Victoria Askin Contract Secretary KENAI AIRPORT COMMISSION MEETING DECEMBER 10, 1998 PAGE 3 November 1998 7816 0% 100% 7816 1998 Monthly Enplanements Month ERA SCA YUTE Monthly Totals Jan 6,664 1,266 493 8,423 Feb 6,073 1,379 68 7,520 Mar 7,151 1,474 0 8,625 Apr 6,600 1,330 0 7,930 May 7,060 1,540 0 8,600 Jun 8,497 1,617 0 10,114 Jul 10,845 2,225 0 13,070 Aug 9,827 950 0 10,777 Sep 8,172 0 0 8,172 Oct 7,884 0 0 7,884 Nov 7,816 0 0 7,816 Dec 0 0 0 Totals 86,589 11,781 561 98,931 KENAI HARBOR COMMISSION MEETING DECE~ER 7, 1998 KENAI COUNCIL CHAMBERS 7:00 P.M. C~ WILL JAHRIG NOTE: Before meeting begins, introduction of two new commissioners--William Leo Clay and Teresa Wemer-Quade. AGENDA ITEM 1' CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES -- November 2, 1998. ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5: REPORTS a. Director ITEM 6: OLD BUSINESS a. Discussion: Potter's Marsh Boardwalk ITEM 7: NEW BUSINESS a. Discussion: Student Member on Harbor Commission ITEM 8: COMMISSIONERS' COMMENTS/O~TIONS ITEM 9: INFORMATION a~ Kenai City Council Action Agendas of November 4 and 18, 1998. Updated Commission Membership ITEM 10: ADJOURNMENT i ii Il KENAI HARBOR COMMISSION MEETING DECEMBER 7, 19!)8- 7:00 P.M. KENAI CITY HALL VICE CHAIRMAN TOM THOMPSON, PRF~IDING *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL Vice Chair Thompson called the meeting to order at 7'03 p.m. Members Present: Wemer-Quade, Clay, McCune, Spracher, Thompson Members Absent: Eldridge, Jahrig Also Present: Councilman James Bookey, III, Public Works Manager Keith Komelis, Contract Secretary Victoria Askin 2. APPROVAL OF AGENDA ,,, SPRACHER MOVED TO APPROVE THE AGENDA. MOTION SECONDED BY MCCUNE. THE AGENDA WAS APPROVED AS WRITTEN. 3. APPROVAL OF MINUTF~ Regular Meeting of November 2, 1998 WERNER-QUADE CALLED FOR QUESTION TO APPROVE THE MINUT~ OF NOVEMBER 2, 1998. MOTION SECO~ED BY MCCUNE. MINUT~ WERE APPROVED AS WRITTEN. 4. PERSONS SCHEDULED TO BE HEARD - None 5. REPORTS Director's Report City Manager Komelis reported he had been contacted by an individual wanting to unload a 130' LCM at the City Dock. Komelis advised the individual the Dock was closed and he would have to assess the conditions of the fiver himself. In addition this individual was advised the ramps were still there but no floats were in the river. McCune expressed his concern regarding unnecessary damage to the cement ramp, especially if tracked vehicles were being unloaded. Komelis stated his understanding was it was goods. Clay advised that winter ice conditions were only in effect in Northern Cook Inlet at this time. Komelis reported the individual had been further advised to contact the City because the gate was locked and the road was not plowed. Komelis asked if Snug Harbor may be another option, but didn't know if it was plowed out. McCune advised he hadn't been down to Snug Harbor since the snow but a ramp was available if required. Komelis will further advise individual. OLD BUSINF~S a. Potter's Marsh Thompson requested a status update on Potter's Marsh. Komelis stated the Commission had asked him to determine the funding source for the project. He advised a report was received from the individual handling the project. Most of the money was from a direct capital improvements grant from the state, as well as some volunteer labor was used and another small grant. McCune requested status of the boardwalk in the Potter's Marsh project and addressing beach erosion. Komelis advised the proposal had nothing to do with beach erosion. The Commission is looking at the cleared area to the right of the boat launch road where some type of harbor was going to be built. The thought was to make the clearing a parking lot with a boardwalk going in the direction of the boardwalk on Bridge Access Road. It is a two- phase project: the first phase is $400,000, and the second phase $300,000. McCune asked about a nature trail being built as part of the project. Thompson noted this should be considered with capital funds. Komelis stated the Capital Improvement Project list was finished for the year. Thompson further noted the piling depth needs to be kept in mind because of probable need to go down further than 10'. Komelis stated he had requested drawings or other information and was advised some specifications were available and would be forwarded to him. Thompson asked if this item should be left on the agenda. Komelis stated it could or be brought back in eight months or so when the new CIP list is developed. McCune asked if the Council had discussed the matter. Bookey responded, discussion had occurred and the thought was to try and tie it in to the project with State Parks' Birch Island project as they are dedicated to completion of that project. KENAI HARBOR COMMISSION MEETING DECEMBER 7, 1998 PAGE 2 e McCune requested information on Audubon group interest in working with the Commission on this issue. Bookey noted it had been talked about and may be something to pursue. He further stated he knows Ducks Unlimited has done some small pond projects, but nothing to this extent. Thompson stated they may be willing to do some nesting boxes or something and could draw it into a community project. General discussion ensued regarding advantages of working together with groups and general consensus was reached to leave this issue on the agenda for the next meeting. NEW BUSINF~S a. Student Member on the Harbor Commission Thompson asked for thoughts on the issue. Bookey related a citizen came forward and expressed interest in seeing all commissions having a student member. Council has left it to the Commissions to at least discuss it. Personally, Bookey was not comfortable with a voting student member, but felt a non-voting student member would have a positive impact. McCune and Clay both voiced their positive views on having a non- voting student member. MCCUNE MOVED THE HARBOR COMMISSION INVITE A STUDENT TO SIT ON THE COMMISSION AS A NON-VOTING MEMBER. MOTION SECONDED BY WERNER-(~UADE. MOTION PASSED. Upgrade on Cunningham Park Thompson noted his understanding the project is on schedule and money allocated. Bookey affn-med this understanding and the Council has appropriated $13,000 as a match. Komelis stated purchase orders have been issued and the project is moving ahead. There is considerable permitting to be done and determination of the ideal time for work to be completed. Thompson anticipated everything would be on schedule for late fall so as not to impede on activities in June, July or August. Komelis stated he guessed the facilities would be available and work would begin in late fall. Bookey noted the Council would probably feel activity cannot be infringed upon but this is a committed project and will occur. KENAI HARBOR COMMISSION MEETING DECEMBER 7, 1998 PAGE 3 Snug Harbor Thompson requested clarification on discussion regarding potential boat storage on Snug Harbor's leased area during the winter. Bookey advised another review would occur should a request be made by Snug Harbor for more space. There has been no reply from Snug Harbor and considering fishing season and cash reserve, a request may not be forthcoming. McCune noted boat storage has become a problem especially with the closure of Columbia Ward Cannery. Clay asked if property where Snug Harbor used to be was looked at for possible purchase. Bookey responded, it had been reviewed but the numbers were not realistic for the Council to entertain purchasing property and no funding is available. Thompson noted, boat storage probably would not generate enough money to justify the purchase. m COMMISSIONERS' COMMENTS ! O~TIONS Councilman Bookey welcomed new Commissioners Wemer-Quade and Clay, stating Wemer-Quade comes from the Airport and Planning and Zoning Commissions with a lot of experience and Clay from a strong Navy background, whose expertise will be an asset for the Commission. Commissioner Thompson welcomed both new Commissioners. Commissioners Thompson and Spracher updated the roster with their contac~ numbers. 9. INFORMATION a® Kenai City Council November 4, 1998 minutes. 10. ADJOURNMENT SPRACHER MOVED TO ADJOURN. MOTION SECONDED BY CLAY. MEETING ADJOURNED AT 7:26 P.M. Respectfi~lly submitted, Victoria Askin Contract Secretary KENAI HARBOR COMMISSION MEETING DECEMBER 7, 1998 PAGE 4 KENAI LIBRARY COMMISSION KENAI COMMUNI~ LIBRARY ACTMTY ROOM DF~EMBER 1, 1998 ~ 7:30 P.M. AGENDA ITEM 1: CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- November 3, 1998 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5- ae ITEM 6: a. ITEM 7: REPORTS Director Friends of the Library Library Improvement Committee OLD BUSINESS Elissa Fahnholz letter Patron Survey NEW BUSINESS ITEM 8: COMMISSIONERS= COMMENTS/~UF~TIONS ITEM 9: ITEM 10: INFORMATION Kenai City Council Action Agendas of 4 and 18, 1998. ADJOURNMENT ® ® ® REGULAR MEETING OF THE CITY OF KENAI LIBRARY COMMISSION DECEMBER 1, 1998- 7:30 P.M. KENAI LIBRARY BOB PETERS, CHAIR *** MINUTES *** CALL TO ORDER AND ROLL CALL Chairman Peters called the meeting to order at 7'30 p.m. Chairman Peters welcomed the new Student Commissioner, Melinda Haring. Members Present: Bob Peters, Kathy Heus, Janet Brown, Vince O~eilly, Janice Rodes, Carol Brenckle, Melinda Haring, Lorrene Forbes (arrived at 7:45 p.m.) Also Present: Director Emily DeForest, Councilman Joe Moore, Contract Secretary Alison Rapp. APPROVAL OF AGENDA HEUS MOVED TO APPROVE THE AGENDA. MOTION SF~ONDED BY BRENCI~E. THE AGENDA WAS APPROVED AS REVISED. APPROVAL OF MINUTES ao Regular Meeting of November 3, 1998 BROWN MOVED TO APPROVE THE MINUT~ OF NOVEMBER 3, 1998 AS WRITTEN. MOTION SECONDED BY BRENCKLE. MINUTES WERE APPROVED AS WRITTEN. PERSONS SCHEDULED TO BE HEARD -- None REPORTS a. Director Director DeForest commented the renovations, despite the mess, seemed to be going well. DeForest shared photographs of the renovation's progress. Brenckle and DeForest noted the new carpeting looked nice. O'Reilly inquired regarding the applicants for the Library Director position. DeForest replied she would be meeting with City Kenai Library Commission December 1, 1998 Page 1 bo C~ Manager Ross on Thursday to help determine which applicants would be interviewed. It was noted there were ten total applicants, one of which was local. Friends of the Library Heus stated there would be no report as the Friends of the Library had not met since the last Library Commission meeting. Library Improvement Committee O'Reilly discussed his trip to Minneapolis, Minnesota and San Mateo, California. O'Reilly reported his daughter is the chair of the San Mateo Library Foundation Committee. He noted the committee was currently working on a $60 million library expansion project. O'Reilly commented he sat in on one of their meetings and was surprised to realize the similarities between the San Mateo and the Kenai Commissions. He noted he was pleased San Mateo had used the Holt System to determine their needs. O'Reilly commented they have a large staff at the San Mateo Library and the employees had been sent to Colorado to learn fund raising techniques. He noted no outside fundraising help would be utilized. O'Reilly commented the San Mateo Librarian had discussed her efforts towards a nationwide library Intemet program. She requested Commission O'Reilly's assistance eliciting support for the program from Senator Stevens. Forbes inquired what the population of San Mateo was. O~Reilly estimated it to be approximately 100,000 - 125,000 people. Chairman Peters commented, if the Kenai Library expansion cost $2.5 million, that would be $350 per city resident. He noted with San Mateo's estimated population, the cost per resident would be around $600. Chairman Peters reported the Library Improvement Committee's subcommittee had met to discuss the needs assessment to determine if any new technologies needed to be added. He reported the subcommittee determined the existing assessment was adequate. Forbes commented they still needed to review the anticipated increase in operating expenses. Chairman Peters commented the budget amount of $225 per square foot was based on the Health Center's costs. He stated, he had discussed this price with the architect and according to him, a more reasonable estimate for the Library expansion would be $150 per square foot. Chairman Peters noted the lower cost per square foot was a result of less electrical and plumbing requirements. Kenai Library Commission December 1, 1998 Page 2 6. OLD BUSINESS a. Elissa Fanholz Letter Chairman Peters noted the letter of resignation from Elissa Fanholz had been received. He inquired if a letter had been sent to her. DeForest replied the Library and the City Clerk both had sent letters thanking her for her service. be Patron Survey Chairman Peters distributed the proposed patron survey (Item 6.b.). Councilman Moore commented the survey would be valuable to bring before the City Council. BRENCKLE MOVED TO APPROVE THE PROPOSED PATRON SURVEY. BROWN SECONDED THE MOTION. Discussion ensued regarding the patron survey. The following amendments were suggested: Change ~Do you support library expansion?" to read: "Do you support the Library Commission's recommended library expansion?" Add 'General City Revenues" as a funding option for the Library expansion. Remove the word "increase" from the funding options for the Library expansion. BRENCKLE MOVED TO WITHDRAW THE PREVIOUS MOTION TO APPROVE THE PROPOSED PATRON SURVEY. BROWN SF~ONDED THE MOTION. THERE WERE NO OBJECTIONS. PREVIOUS MOTION WAS WITHDRAWN. BRENCKLE MOVED TO APPROVE THE PROPOSED PATRON SURLY WITH THE RECOMMENDED AMENDMENTS. BROWN SECONDED THE MOTION. THERE WERE NO OBJECTIONS. MOTION WAS APPROVED. Chairman Peters opened the discussion regarding how to distribute the survey. Brenckle inquired how the City Council's survey would be mailed and to whom. Councilman Moore commented he was not sure the exact date but expected it to be Kenai Library Commission December 1, 1998 Page 3 e e relatively soon. He added, the City Council would be mailing their survey to individuals that had voted in all of the last three elections. Discussion ensued regarding different methods of distribution and sources of mailing lists. RODES MOVED TO ALLOW THE LIBRARY SURVEY GROUP TO DETERMI1TE HOW AND TO WHOM THE SURVEY GETS DISTRIBUTED. BROWN SECONDED THE MOTION. Heus inquired to what methodology the City Council would give the most credence. Councilman Moore commented, results from surveys distributed at the Library's checkout desk would probably not carry much weight. He noted mailed surveys to the general population would be given more credibility. VOTE O'REILLY YES BROWN YES RODES YES BRENCKLE YES HEUS NO FORBES YES HARING YES PETERS YES MOTION PASSED NEW BUSINESS -- None COMMISSIONERS' COMMENTS/ QUESTIONS Commissioner Brenckle welcomed the new Student Commissioner, Melinda Hating. She stated she anticipated great things. Brenckle reported the Library Open House would be December 13, 1998 from 12 to 4 p.m. . Commissioner Haring stated she was glad to be here and excited to get started.. Commissioner Forbes inquired when the next meeting for the Library Improvement Committee would be. Chairman Peters replied that could be determined after adjournment. Forbes thanked the Friends of the Library for the report on the San Mateo Library Foundation Committee. Commissioner Heus invited people to bring desserts to the upcoming open house. She noted, the food would be catered but the Friends of the Library were responsible for the desserts. Kenai Library Commission December 1, 1998 Page 4 ® 10. Commissioner Brown welcomed M elissa Haring. the Library Survey Group on their efforts. Brown commended Chairman O'Retlly stated it was a good meeting and also commended the Librm'y Survey Group on their efforts. Director DeForest inquired when the next Library Commission meeting would be. It was determined the next meeting will be January 5, 1999. Councilman Moore commented he had read Haring's application and was impressed with her credentials. Chairman Peters welcomed Melinda Haring. He commented he had kno~ her for a long time and noted she is a great humanitarian. Chairman Peters wished everyone Happy Holidays. INFORMATION Kenai City Council Action Agendas of November 4 and 18, 1998. ADJOURNMENT FORBES MOVED TO ADJOURN. MOTION SECONDED BY BROWN MEETING ADJOURNED AT 8:45 P.M. Respect~lly submitted, Alison Rapp Contract Secretary Kenai Library Commission December 1, 1998 Page 5 KENAI PARKS/h RECREATION COMMISSION AGENDA DECEMBER 3, 1998 CITY HALL COUNCIL CHAMBERS CHAIRMAN RICHARD HULTBERG ITEM 1' CALL TO ORDER/k ROLL CALL ITEM 2: AGEI~)A APPROVAL ITEM 3: APPROVAL OF MINUT~ - November 5, 1998 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Nate Kiel ITEM 5' OLD BUSINESS Cemetery Sign / Wrought Iron Fence Lease A~reement with Kenai Peninsula Offers Baseball Club, Inc. ITEM 6: NEW BUSINESS ITEM 7: Kenai Municipal Park Development - Project Proposal. D~OR'S REPORT Teen 3-on-3 Basketball Tourney Aerobics Pro~ram Nordic Ski Trails Elks Hoop Shoot Contest ITEM 8- OUESTIONS/k COMMENTS ITEM 9: CORRESPONDENCE ITEM 10: PERSONS PRESENT NOT SCHEDULED TO BE _HEARD ITEM 11: INFORMATION Council Action Agenda -- November 4 and 18, 1998 Kenai Recreation Basketball League Information ITEM 12: ADJOURNMENT ® REGULAR MEETING OF THE CITY OF KENAI PARKS & RECREATION COMMISSION DECEMBER 3, 1998- 7:00 P.M. KENAI CITY HALL CHA/RMAN RICHARD HULTBERG, PRF~IDING *** MINUT~ *** CALL TO ORDER AND ROLL CALl, Chairman Hultberg called the meeting to order at 7:06 p.m. Members Present: Richard Hultberg, Dale Sandahl, Kelly Gilford, Jack Castimorc, Tim Wisniewski, Matthew Peters Members Absent: Ron Yamamoto Also Present: Councilman Duane Bannock, Director Bob Frates, Contract Secretary Victoria Askin e APPROVAL OF AGENDA THE AGENDA WAS APPROVED AS WRITTEN. 0 APPROVAL OF MINUTER- November 5, 1998 Peters noted there was duplication from the bottom of page two to the top of page three. PETE~ MOVED TO ACCEPT THE MINUT~ AS AMENDED. CASTIMORE SECONDED. MINUTES WERE APPROVED AS AMENDED. ® PERSONS SCHEDULED TO _~E _14~_~r~- Nate Kiel was not present, meeting proceeded. 5. OLD BUSINESS ae Cemetery Sign/Wrought Iron Fence Chairman Hultberg stated he felt the cemetery sign/wrought iron fence improvements should be a budget item as they are expensive. PARKS & RECREATION COMMISSION MEETING DECEMBER 3, 1998 PAGE 1 be Sandahl pointed out the expense of the improvements to the cemetery should warrant them being a budget item with approval from the Council. A short discussion continued. SANDAHL MOVED THE CEMETERY IMPROVEMENTS BE PRESENTED TO ADMINISTRATION SO IT MAY BE BROUGHT BEFORE THE COUNCIL AT BUDGET TIME. GIFFORD SECO~ED. MOTION PASSED. Lease Agreement with Kenai Peninsula Offers Baseball Club, Inc. Director Frates stated he had called several Commissioners and attempted to schedule a tour, but most Commissioners had already looked at the location. Gifford recommended the trees lining Tinker Lane be left, the undergrowth cleaned out and heavy chain links draped to prevent four wheelers from using the area. Once the City completed this work, the Offers could be requested to do the mowing. Castimore asked consideration be given to the several small children residing in the apartments across the street and their possible displacement. Frates stated the area should be safer for everyone. He requested if everyone agreed, he and Gittord would attend the next Oilers Club board meeting to be held on December 9, 1998. Sandahl asked the members to look at the fact the Legion Baseball Club was owned by local residents and they do most of the upkeep. If the Oilers have exclusive right, would the Legion Baseball Club be shut out? Bannock stated airport leases outside of the airport could be written for any term but they did not have an automatic review like airport owned land. Sandahl noted there should be a position taken by the city that ensures the Oilers Club operate under good faith. Hultberg stated he didn't want to see the City of Kenai get involved with. a dispute between the two parties should other persons assume leadership. Bannock stated, in his opinion, the City of Kenai would not be involved in a dispute between the two lessees. He further stated he felt the Oilers had been given a break in 1981 when the lease was signed, leaving the City of Kenai with very little power. Hultberg stated it was obvious from the lease that a break had been given in 1981, and half-way through that year, the Oilers paid off a mortgage leaving them free and clear. Since then, a great deal of money has been made by the Oilers. Kenai Park & Recreation Commission December 3, 1998 Page 2 Sandahl suggested the Offers be asked to do something, but was concerned they may not agree. Frates felt they have been cooper- ative in the past and Bannock felt they would be receptive as well. Hultberg noted his concern the matter has been brought up six years ago and nothing was done. He added he was concerned it is being brought up now and would fall by the wayside again. Bannock noted the lease included an 'Amendment to Delete~ clause in which the City gave up much of its power. He commented it was a very poorly written lease. Hultberg asked if the Commission felt the City should be requested to review the lease and rewrite it because the wording was nebulous and the Legion should be protected. Fratea agreed the concerns could be carried through this way and further expressed his concem thc Offers were matdng a huge amount of money withoUt being taxed that are not charitably given back. Bannock asked before the City of Kenai does something, these issues should be taken to the Offers. Sandahl expressed concern regarding the Commission going off on its own and did not feel comfortable the Board would be amenable. He further stated the City should not be depending on individuals currently within the organization, and the City needed to protect itself. After further discussion, Bannock agreed to bring up the concerns to the Offers Board as a board member. 6. NEW BUSINESS Kenai Municipal Park Development - Project Proposal Frates presented the draft proposal for the project and asked for comments. He added the proposal was discussed at a previous meeting and ff he left something out, let him know. Hultberg distributed pictures of a park in New Jersey that had originally been two parks and were blended into one after .Dutch Elm disease invaded and killed most of the trees in both parks. The photos showed how they were integrated using a bridge. He would like to see improvements made that will make better use of the property. Kenai Park & Recreation Commission December 3, 1998 Page 3 Frates noted some of the improvements were spelled out pretty clearly and thought the City of Kenai was lacking a good trail system. A bridge to cross the "beaver pond" could be put in to make a nice trail system. In addition, a local teacher was applying for a grant to take samples of water, fish, etc. with her classes and tie it in with other City of Kenai projects. This, however, is not a project that can be completed in one summer. General discussion about the work that had been done and using volunteers to get further work done ensued. Wisniewski stated the work that needs to be done is overwhelming. He asked if there was any way a program could get put together to get the project moving. He added volunteers are nice but tend to get worn out. Frates noted the community has not done a national Trails Day and asked if the Commission would be willing to do something like this. Considerable discussion ensued regarding resources required to complete the project and importance of working with local special interest groups to cooperatively proceed. Frates stated this was another project on top of many. He further noted the second phase of the Bernie Huss Memorial Park would be a lot of work as well. Gifford stated the work done so far looks very nice. ® DIRECTOR'S REPORT Teen 3-on-3 Basketball Tourney Director Frates related the tournament was probably the most successful so far. There were eighteen teams and all the local schools were represented. Hultberg stated he had heard of a 3-on-3 basketball tournament held in a small town where hoops were set up on the streets and an all day tournament was held. He suggested something like that could be done in the future. However, it would have to be held in June and then hope the weather cooperates. Director Frates further stated the Boys and Girls Club had tried to do a 2-on-2 tournament last year in conjunction with the Lions Club but were not successful. The Recreation Center was considering doing this with the Boys and Girls club this year. Kenai Park & Recreation Commission December 3, 1998 Page 4 bm Aerobics Program Director Frates announced Lisa McCauley was teaching aerobics and doing a great job. She has 10 - 17 participants each night. Ski Trails dm Frates reported ski trails were being used and stakes would be put up soon to clearly mark the trail. As last year, there has been trouble with snowmachiners. Castimore commented he had seen kids driving snowmachines right down the trail. Frates related that new signs would be placed. Hultberg asked if ski coaches were telling kids not to snow- machine on the trails. Frates stated they were and they were looking into han~g out safety brochures at snowmachine dealers as well. Further, as more houses are built in the area, less snowmachiners would be operating there. Elks Hoop Shoot Contest Director Frates related the Hoop Shoot was scheduled for January 9, 1999. It was looking good and they have a very active group. m COMMISSIONERS' COMMENTS / Q~TIONR Councilman Bannock related the radio program Sound Off had several complaints on the hockey rink. Commissioner Wlsniewski asked about the possibility of expanding the Recreation Center. Does action need to be taken? Commissioner Oifford commented she would like to see the weight room enlarged and improved, perhaps adding a Lady Nautilus machine. She inquired about the possibility of taking out Court # 1 to accommodate this. Frates stated the racquetball courts weren't being utilized to full capacity but that Courts 1 and 3 were being used the most. Hultberg related he would like to see a second basketball court. Hultber§ stated that according to the architect who designed the Recreation Center, it could very easily be added. Castimore commented it was designed where the windows could be taken out and an addition made easily. Kenai Park & Recreation Commission December 3, 1998 Page 5 ® Bannock suggested Commission members begin asking questions and get people thinking about it. Commissioner Peters announced he had a list of video games for Director Frates to take to Vic Tyler, Tyler Vending to switch out at the Recreation Center. The list contained games he saw kids playing regularly. Director Frates thanked Peters for assembling the list. INFORMATION 10. a. Kenai Municipal Park Development Project Draft Proposal Kenai City Council Regular Meeting Agenda Kenai Recreation Basketball League ADJOURNMENT SANDAH~ MOVED TO ADJOURN. MOTION SECONDED BY WISNIEWSKI. MEETING ADJOURNED TIME 8:16 P.M. Respect~lly submitted, Victoria Askin Contract Secretary Kenai Park & Recreation Commission December 3, 1998 Page 6 AGENDA CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS November 25, 1998 - 7:00 p.m. http ://www.ci.kenai. ak. us lo CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: October 28, 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: ® CONSIDERATION OF PLATS: a. PZ98-57--Preliminary Plat--Original Townsite of Kenai, Laddville Replat No. 3 4. PUBLIC HEARINGS: a. PZ98-55--An application for a Conditional Use Permit for an autobody shop for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska. b. PZ98-58--A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska amending KMC 14.20.280 to add the requirement of posting property involved in proceedings which require public hearings. 0 NEW BUSINESS: a. *PZ98-59--An application for a Home Occupation Permit for a Daycare for the property described as Lot 3B, Block 1, Glass Subdivision No. 2, 1702 4th Avenue, Kenai, Alaska. Application submitted by Shannon Fitt, 1702 4th Avenue, Kenai, Alaska. *PZ98-60--An application for a Home Occupation Permit for a Daycare for the property described as Lot 2, Block T, Woodland Subdivision, Part 4, 718 Sycamore Street, Kenai, Alaska. Application submitted by Debra K. Brown-Roper, 718 Sycamore Street, Kenai, Alaska. b~ 6. OLD BUSINESS: 7. CODE ENFORCEMENT: Planning & Zoning Commission Agenda Se REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: 10. INFORMATION ITEMS: a. Meeting Schedule for 1999 b. Letter to T. Wemer-Quade dated 11/9/98 c. Commission Roster d. Letter of resignation from Art Graveley dated 11/10/98 e. Memo dated 10/30/98 regarding training f. KPB Planning Commission Action of 11/9/98 g. Letter from T. Wemer dated 11/16/98 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: Page 2 November 25, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION November 25, 199~ - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Carl Glick called the meeting to order at 7'00 p.m. 1. CALL TO ORDER: a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Others Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper be Agenda Approval GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY NORD. AGENDA WAS APPROVED AS PRF~ENTED. Approval of Minutes: October 28, 1998 NORD MOVED TO APPROVE THE MINUTES OF OCTOBER 28, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MINUTES OF OCTOBER 28, 1998 WERE APPRO~D AS WRITTEN. d® Consent Agenda * All items Hsted 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 sequences on the a~enda as part of the General Orders. GOECKE MOVED TO APPROVE THE CONSENT AGENDA ITEMS. MOTION SECO~ED BY NORD. Glick noted for the record that approval is recommended for PZ98-59 which is an application for a home occupation permit for'a daycare center on 4th Avenue in Kenai and PZ98-60 is also for a home occupation Permit for a daycare in Woodland Subdivision in Kenai. Planning & Zoning Commission November 25, 1998 Page 1 ® ® ® VOTE BRYSON Yes GOECKE Yes NORD Yes GLICK Yes SCHEDULED PUBLIC COMMENT: - None CONSIDERATION OF PLATS: PZ98-57 -- Preliminary Plat -- Original Townsite of Kenai, Laddville Replat No. 3. GOECKE MOVED TO APPROVE PZ98-57. MOTION SECONDED BY NORD. Glick pointed out that the City Engineer made some comments regarding the plat and asked if those should be taken into consideration. Goecke responded that they should and as maker of the motion wished to assure those contingencies put in by the City Engineer are included. The second concurred. Staff had nothing additional. VOTE GOECKE Yes NORD Yes BRYSON Yes GLICK Yes PUBLIC HEARINGS: PZ98-55 -- An application for a Conditional Use Permit for an autobody shop for the property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska BRYSON MOVED TO APPROVE PZ98-55. GO~~. MOTION SECONDED BY Public Hearing begins. Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska - Tribble reported that he owns the body shop and indicated that he has no neighbors as he has a very large parcel of land. Tribble also pointed out that he didn't realize a permit was required. Public Hearing closed When asked if staff had anything additional, Kebschull stated there were two items; the City Engineer believes there should be some limitation as Planning & Zoning Commission November 25, 1998 Page 2 to the amount of exterior storage of vehicles to ensure it does not become a "junk yard" and the residential integrity of the area is maintained. Additionally, the building official noted the fire marshall may need to veri~y that the codes were being met at the site. Kebschull also reported that the City actually visited the site and took some photographs. (These were shared with the Commission.) The photos give an indication of the number of vehicles on site at the present tim__e. Bryson asked staff if there was any input from the neighbors. Kebschull indicated there were none but the investigation was a result of one complaint. The City is doing more checking in the Beaver Loop area because of the issues at the gravel pit. Goecke asked staff if the building official had an idea of the number of vehicles the applicant would be limited to. Kebschull answered it was non-specific and reiterated the concern was that it not become a storage area for dismantled vehicles. Kebschull continued, there were options to include limiting the number of vehicles or require some type of fencing or barrier, even with the barrier the number of vehicles would have to be limited. Tribble reported that he is the body shop for Seekins Ford and at the present time he has 3 of their vehicles and 3 insurance vehicles. Tribble indicated that he has to, and wants to, keep his yard clear at all times as this time of year he needs more space. Tribble continued, he has some vehicles that sit waiting for parts but usually they don't sit for more than a couple of weeks. Bryson asked Tribble if he considered any type of screening. Tribble responded that he wants to screen from Angler Drive down past the front of his property, which will be approximately half way between his land and the gravel pit. Bryson asked how many vehicles on site were owned by Tribble. Tribble answered he has 7 or 8 at this time. He buys and sells cars but they are sold off the Seekin's lot on consignment. Bryson asked how large the area of operation is at this time. Tribble answered that the structure is 60 x 110 and he plans to inatall 3 additional units in the spring. Bryson asked about the area outside the building. Tribble replied, he has 3 parking areas on the lot al/of which can hold 4 vehicles, he can hold 12 vehicles at one time. Tribble added that he has a horseshoe drive and plenty of parking. Nord asked what the total size of the lot was. Tribble replied he has over 2 acres. Planning & Zoning Commission November 25, 1998 Page 3 be Goecke suggested that staff and Tribble come up with a number of vehicles that can be visible from his lot at any one time. Goecke thought that since' he can hold 12 vehicles outside at the present time, that could be the limit number. Bryson indicated that he is thinking along the same lines however they would have to differentiate between private use vehicles and business vehicles. Bryson asked for guidance from staff concerning a reasonable development without restricting the owner too much. Kebschull responded that staffs concern is not the vehicles he is working on but the dismantled, junked vehicles. Kebschull continued, it will be difficult to limit the number of cars in the area because he could make more parking. Perhaps the Commission could make a motion limiting the number of days a dismantled vehicle can remain on the lot. Goecke added that he thought restricting the number of days a dismantled vehicle is allowed on the lot is a viable solution and should alleviate most of the concerns of the City and the Commission. When asked, Tribble stated that he had no problem at all working with the City on a solution. He also noted that his vehicles rotate all the time. Bryson stated that the nature of the business is such that if a person does not pay then the vehicle will sit until he does. Tribble pointed out that he requires a 50% deposit and in a situation like that he will immediately file a lien. Tribble also added that he has no employees so only takes on what he can do himself. BRY$ON MOVED TO TABLE PZ98-55 UNTIL THE NEXT MEETING WHICH IS SCHEDULED FOR DECEMBER 9, 1998. MOTION SECONDED BY GOECKE. VOTE NORD Yes BRYSON Yes GOECKE Yes GLICK Yes PZ98-58 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska amending KMC 14.20.280 to add the requirement of posting property involved in proceedings which require public heatings. BRYSON MOVED TO APPROVE PZ98-58. NORD. MOTION SECONDED BY Public Hearing Begins Planning & Zoning Commission November 25, 1998 Page 4 Debbie Sonberg, 410 Cinderella, Kenai, Alaska- Sonberg encouraged the Commission to pass the resolution. Sonberg had a letter from Joan Buzzell which she read. In her letter, Joan Buzzell stated that she was very pleased with the improvements made by the City with regard to public notification of meetings, hearings, etc. 'Buzzell urged the Comn~ssion to pass resolution PZ98-55. Sonberg added that they have been more and more informed and the little changes they are seeing are important. Public Hearing Closed. Staff had nothing additional but noted that the resolution was at the recommendation of the City Council after public input. Goecke reported that at the last meeting he was not in favor of the resolution and didn't think it would make a lot of difference. Goecke added, there has been a lot of public testimony saying that they have become more aware of what is happening and that's without anything being posted. Goecke continued, that most of these residents have made themselves informed and thought a sign has the potential of impacting other neighbors. Goecke indicated that if the issue were voted on tonight he would vote aga~st it and the motion will fail. Goecke stated the issue could be tabled until the Commission has a full body or go ahead with the vote and it will fail. Bryson indicated that Commissioner Goecke pointed out the strengths and weaknesses of being close to a quorum situation. Bryson stated when reading the first paragraph it indicates this applies to all proceedings which require public hearings. Bryson asked staff what proceedings the Commission has that don't require a public hearing. Kebschull replied, variances, encroachments, rezonings, and conditional use permits all require a public hearing and home occupations and plats do not. NORD MOVED TO TABLE PZ98-58 UNTIL THE NF.~? MEL~ING SCHEDULED FOR DECEMBER 9, 1998. MOTION SECONDED BY BRYSON. VOTE BRYSON Yes GOECKE Yes NORD Yes GLICK Yes NEW BUSINESS: *PZ98-59 -- An application for a Home Occupation Permit for a Daycare for the property described as Lot 3B, Block 1, Glass Planning & Zoning Commission November 25, 1998 Page 5 ® e Subdivision No. Il, !7011 4th Avenue, Kenai, Alaska. Application submitted by Shannon Fitt, !T011 4th Avenue, Kenai, Alaska. be *PZ98-60 -- An application for a Home Occupation Permit for a Daycare for the property described as Lot 2, Block T, Woodland Subdivision, Part 4, 718 Sycamore.Street, Kenat, Alaska. Application submitted by Debra K. Brown-Roper, 718 Sycamore Street, Kenai, Alaska. OLD BUSINESS: - None CODE ENFORCEMENT ITEMS: REPORTS City Council- No report be Borough Plannin~ Bryson reported that at thc meeting on November 9, 1998 the consent agenda was approved. Item E-1, Unfinished Business was postponed until the next meeting. Item E-2 was dropped at the request of the applicant but will come back in thc future. Item E-3 was approved. Item E-4 was tabled. Items F-1 and 2 were approved. The appeal under H-1, was upheld. The surveyor's concerns were addressed. At the November 23, 1998 meeting the consent agenda was approved. Item E-1, Unfinished Business, is the same issue that was tabled previously, was approved but will go to the Assembly for final approval. There was a great deal of input in support of the proposal but it appears the Assembly is not in favor of it. Item E-2 was approved. Item E-3, the concept was approved at the last meeting and the document was approved at the November 23 meeting. Item F-1 was approved with only vacating 3 feet of the easement. Item F-2 was approved and is the land swap with the City. Item F-3 was approved. Item G-1 was approved. Item G-2 was postponed pending additional information. c. Administration Kebschull asked that Commissioner's review the 1999 meeting schedule included in the packet. Kebschull also brought attention to the memo to Freas regarding Planning Commission training. Consideration is being given to the training being held on a Friday evening and a Saturday in January. Kebschull will keep the Commission informed of the status. Planning & Zoning Commission November 25, 1998 Page 6 Kebschull confirmed that the Commission decided to not cancel the meeting scheduled for December 23, 1998. ® PERSONS PRF~ENT NOT SCHEDULED: Debbie Sonberg, 410 Cinderella, Kenai, Alaska - Sonberg spoke in reference to PZ98-58 and asked if extending the footage to 1000' from 300' would make a difference in how the Commission would vote. Sonberg added that notification at the 300' range would not reach all the neighbors concerned so by extending it there would be a larger base. At this time the neighbors share information and are trying very hard to stay informed. $onberg stated that her neighborhood is willing to work with the Commission on the issue and perhaps extending it 600 to 1000 feet would be better. 10. INFORMATION ITEMS: Meeting Schedule for 1999 Letter to T. Werner-~uade dated 11/9/9 8 Commission Roster Letter of Resignation from Art Graveley dated 11/10/98 Memo dated 10 / 30 / 9 8 regarding training KPB Planning Commission Action of 11/9/9 8 Letter from T. Werner-(~uade dated 11/16 / 9 8 11. COMMISSION COMMENTS AND QUESTIONS: Commissioner Goecke wished everyone a Happy Thanksg/ving. Commissioner Nord wished everyone a Happy Thanksgiving. 12.. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:50 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission November 25, 1998 Page 7 TO' FROM' DATE' RE' CITY OF KENA 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM Mayor and Council Members Carol L. Freas, City Clerk City of Kenai December 9, PLA~NG & ZONING C01E~$$ION APPOINTMENTS On NOvember 25, 1998 you held a work session to interview applicants for appointment to the Planning & Zoning Commission. The applicants who were present and were interviewed were: 1. Donald R. Erwin 2. Vesta Leigh 3. Jill Lipka 4. John G. "Ozzie" Osborne 5. Mark Schrag 6. Robert J. Newbry There are three positions available on the Commission. Upon your making the necessary appointments, I will forward notification letters to the appointees as well as thank you letters to the others and let them know their applications will remain on file for future consideration. clf CITY COUNCIL WORK SESSION November 25, 1998 7:00 p.m. Attendees: Council Members Swarner, Moore, Bookey, Williams and Bannock; Applicants Don Emrin, Vesta Leigh, Jill Lipka, Ossie Osborne, Bob Newbry and Mark Schrag. Mayor Williams began the work session by explaining that Council would be talking with the apphcants this evening to better make their selection for the three seats currently open on the Planmng & Zoning Commission. He also stated that P&Z issues can be quite controversial, and those commissioners are sometimes faced with making critical decisions. Williams also explained that the APOC has requirements that must be met by all commissioners. Williams then asked each applicant to introduce themselves, giving some background about themselves and telling why they want to be on P&Z Commission. , Ossie Osborne: A past commissioner on Kenai P&Z; left in 1988; was a machinist out north; is familiar with Council and their thinking; helped put the original sign code in place; believes that when people buy property they should know how it is zoned and how it can be used instead of asking for zoning changes later; would like to see businesses come back to Kenai; believes airport expansion would help the City grow; wonders where to put new businesses; likes the central "business district" as it is now and would want to keep that and keep residential areas residential; lives on the Spur Highway near Wildwood Drive. . Bob Newbry: Been in Kenai three years; came in with K-Mart; has lived in eight cities; has business experience; believes businesses want to be on the Spur Highway--not on Willow or Main Street; sees more business in Kenai in next five years, especially retail; more business is better because it increases volume for all the businesses in the area. , Jill Lipka: Lived in many places, including Ventura County; San Diego; Reno; Port Orchard, WA; has traveled a lot; researched this area before moving to Kenai; likes Kenai; has kids in school; no P&Z experience; five years out would like to see empty structures in Kenai filled with businesses; likes the centralized business areas with parks in between residential areas; Old Town still needs improvement. , Vesta Leigh: Likes to solve problems; five years out: no one answer to the problems; keep the money in Kens_i; don't strip lots of all trees; would like to see a "kinder and gentler" Kenai; wants it to "stay human;" doesn't like the noise; can hear more noise from ARFF, the fire department and the highway each time a lot is cleared. , Don Emrin' Been here since 1976; likes Kenai; it's "pleasing" and has "organization;" likes the green belts and flowers; "development is going to happen;" P&Z keeps the development reasonable; has no P&Z experience; wants Work Session Notes November 25, 1998 Page 2 of 2 to maintain the character and flavor of Kenai; his job shouldn't keep him away; regarding recent appeals, all the folks had legitimate concerns; P&Z has to work with that but follow the rules; often "middle of the road" is best; listen to everyone and set personal opinions aside; did labor negotiations in his job; five years out sees growth but wants to keep the flavor of the community. o Mark Schrag: Been here since 1984; construction, carpentry, commercial fishing; did live in Soldotna but likes Kenai better; likes the "non-strip~ feeling of Kenai; Challenger Learning Center is a good addition; "world is changing;" Kenai is a pleasant place to live; pretty; hospitable; need to maintain that; it's unique; concentrate on "quality of life;" no more "oil field mentality' like the more wild, boomtown days of the 80's; has biases like everyone but listens to people; listens to how majority feels; the MAPS people were not listened to by P&Z; five years out sees more need for non-seasonal jobs; pay attention to mentality of citizens; watched last three appeals and believes they occurred because P&Z didn't listen to the citizens. e Karen Koester: Could not attend. Current P&Z Commissioner Ron Goecke stated that P&Z Commissioners must have an "overall outlook" for the City's best interest; not tunnel vision; must be able to make unpopular decisions; the last three appeals happened because of "different judgment calls." · Mayor Williams stated that the Commission tried to adhere to the rules, but Council has the right to be more "political." Bannock said he asks people to get involved. He said people always say development is good, but development means cutting down trees. Everyone has biases, but they must think about all 7,000 residents of the City, not just a small region within the City. Mayor Williams stated no decision would be made tonight. Because there may be only four Council members at the December 2, 1998 meeting, it was decided to put the selection of three P&Z members on the December 16, 1998 agenda. Work session adjourned at 8'30 p.m. /sp CITY OF KENAI "V'dlgge ~ritb ~t p~t - City with ~ &ture. ~ BACKGROUND AND PERSON~ DATA- CANDIDATES FOR APPOINTMEI~ COMMITTEES AND COMMISSIONS DATE: NAME: Resident of the City of Kenai? Residence Address How long? Mailing Address Home Fax No. ~/~ Business Fax No. D~) t/('". , ]("~ ~ lq'4 l~lusmess Telephone No Email Address: 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 COMIC_ TTEE MEMBERSHIP? .7- A,,,., ,-,,,~,;:..,./-_/~ . ..~-7,,--.-2L'..o; ...... {-,,,o / .. ~ _ · · Signature CITY OF KENAI "~dlgge ~ith ~ p~st - Ci~ ~itb ~ ib~.~' BACKGROUND AND PERSON~ DATA- CANDIDAT~ FOR APPOINTMENT COMMITT~ AND COMMISSIONS DATE: Resident of the City Residence Address Home F~ No. Business F~ No. EMPLO~R: ~/~ ~ - OF SPOUSE: membe~Mp C~en~ How long? /4 ~, 9~ ~ ! / Home Telephone No. Business Telephone No Email Address: Job Title 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 BACKGROUND AND PERSONAL DATA (Continued) Jill Lipka Current membership in organizations: Board member Kenai Arts & Humanities Council Core group member Kenai Community Visioning ProCess Past organizational'memberships: President, Solano County Vegetarian Association COMMISSIONS IN WHICH YOU ARE INTERESTED.. Planning & Zoning Commission Harbor Commission WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION? Planning & Zoning decisions can make or break a city. in the long nm. I have seen cities on both sides of the spectrum and believe the City of Kenai is at a key, decision making crossroad. Regarding the Harbor Commission, I have an interest and fondness regarding harbors, boats and related commerce having spent time in my youth onboard small ocean going craft in San Diego. Here in Kenai, our harbor is a valuable resource important to the people and future of Kenai. Be it the Planning & Zoning Commission or the Harbor Commission, I find as an active voting citizen, I am compelled to bring my interest and life experience to the table as a part of a representative decision making process. I believe in the democratic process and will ~vork hard to make informed balanced decisions in an effort to ensure the quality of life both economically and socially for the citizenry, of Kenai. WHAT BACK6ROUND. EXPERIENCE. OR CREDENTIALS DO YOU POSSESS TO BRING TO THE COMMISSION MEMBERSHIP?. I bring to the commission the needed layperson perspective as well as honor and a definite interest in the well being of the City of Kenai. I have been both team leader and team member. I enjoy working with the public, listening to their concerns, researching the issues, and striving toward balanced decision making. Signature CITY OF KE~AI BACKGROUND AND PERSONAL ~. CANDIDATES FOR APPOINTMENT TO COMMITTEES AKD COMMISSIONS 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 orEanizations: Past organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTE~TED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? Sigr~ture · - ciTY ey BACKGROUND AND PERSONAL DATA - CANDIDAT~ FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS DATE: ff//~/~?~ ........ ! ? How long? Resident of the City of Kenai? Residence Address ~/~, /~r ~'~ d ~. 5 5 Mailing Address Business Address ~oX i~I~/ EMPLOYER: N~E OF SPOUSE: /~/~ m ~/ . Telephone No. 2 e~3" 93 ~. Home Fax No. ~ Telephone No. a_t;2 - g'~'~' Business Fax No. ~ Current membership in organizations: Past organizational memberships: COMMITTEF~ OR COMMISSIONS IN WHICH YOU ARE INTE~TED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR Signature CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ BACKGROUND AND PERSONAL DATA - CANDZDATES FOR APPOZNTHENT TO COMMZTTEES AND COMMISSIONS DATE: II- -g-- ~- Resident of the City ~..~.~. ~,~=.,, Business Address EMPLOYER Telephone Telephone NO. / Job Title NAME OF SPOUSE: Current membershi in organizations: Past organizational-, memberships: ., COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: , . ~_ /;.,_~ t~j ~ DO YOU W~ TO BE I~OLVED WITH THIS CO~ISSION OR CO~ITTEE~ ~~.,,.~~ .-:,_~. o ... Signature I'"tOV ~ ' 98 01: 36. PM CITY OF KEI"tAI 907 Z83 3014 p. ~...,-~ CITY OF KENAI ' l/'~a~e ~d~ a past BACKGROI/ND AlfD PERSONAL DATA - CAITDIDAT~ FOR APPOINT~N? COMMITTEF~ AND COMMISSIONS DATE: Resident. ot the City of Kenai? .~ ~ ~ How long? ~ Residence Addrc~ ~ ~ - M~&Ad~~ I~~~O ~~~ ~ ~~~ ~mq HomeTele honeNo ~~'~-~ _ _~_ . ._ _ ~,~. . ,.__, Home F~ No. __ _ Bumness Telephone No ~~~ -~ ~l ~ , N~ OF SPOUSE: · COMmI~EF~S OR COMMISSIONS IN WHICH YOU ARE INTERESTED.. WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMIIq'EE? WHAT BACKGROUND, EXPE~NCE, OR CRF, DE~~ DO YOU POSSF~S TO BRING TO THE BOARD, COMMISSION OR COMMITTI~F, MEMBEI:~I:IlP~ Susan POB 3139 Keuai, AK 99611 December 3, 1998 Honorabla John Williams City of Kenai 210 Fidalgo, Suit~ 200 Kenai, Ali 99611 Dear Mayor Williams: Due to my impending move to Anchorage, I am r~igning from the I&nai Beautification Commir~e. I~ has been a pleasure to serve and con~bute to our city. It is my hop~ that the Council will continue to support the beautification program. Sin~mly, Susan E. Hett AGENDA KENAI CITY COUNCIL- REGULAR MEETING November 18, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www.ci.kenai.ak.us STUDENT GOVE~MENT DAY AGENDA i/ ITEM A: o 2. 3. 4. 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. 1803-98- Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle." Resolution No. 98-80- Transferring $58,216 in the Kenai ARFF Capital Project Fund. Resolution No. 98-81 - Accepting ADEC Grant No. 47547 from the State of Alaska Department of Environmental Conservation in the Amount of $450,000 for Well House No. 4 and Water Mains. Resolution No. 98-82- Accepting ADEC Grant No. 47548 from the State of Alaska Department of Environmental Conservation in the Amount of $326,243 to Upgrade Well Houses No. i and 2 and Construct a New Pump House. -1- ITEM D: STUDENT COUNCIL AND ADMINISTRATION, I~PORTS le 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Mayor Council Members City Manager City Attorney City Clerk Finance Department Representative Public Works Director Airport Manager Fire Chief Animal Control Officer Water/Sewer Foreman Librarian Parks & Recreation Director Police Chief ITEM E: MINUTES . *Regular Meeting of November 4, 1998. ITEM F: STUDENT MEETING ADJOURNMENT -2- AGENDA KENAI CITY COUNCIL- REGULAR MEETING November 18, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www.ci.kenai.ak.us/ STUDENT GOVERNMENT DAY ITEM A: CALL TO ORDER . 2. 3. 4. Pledge of Allegiance Roll Call Agenda Approval Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: , , , ITEM D: , 2. 3. 4. PUBLIC HEARINGS Ordinance No. 1803-98- Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle." Resolution No. 98-80- Transferring $58,216 in the Kenai ARFF Capital Project Fund. Resolution No. 98-81 -Accepting ADEC Grant No. 47547 from the State of Alaska Department of Environmental Conservation in the Amount of $450,000 for Well House No. 4 and Water Mains. Resolution No. 98-82 - Accepting ADEC Grant No. 47548 from the State of Alaska Department of Environmental Conservation in the Amount of $326,243 to Upgrade Well Houses No. 1 and 2 and Construct a New Pump House. 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: Xe MIRUTES *Regular Meeting of November 4, 1998. ITEM F: CORRF~PONDENCE ITEM G: . . OLD BUSINESS Discussion - Jim Carter's withdrawal of proposed ~Professional Services Contract" to perform a user-interest survey regarding expansion of the Kenai Airport. Discussion - Public Opinion Survey- Final Draft. ITEM H: , e . . . . , NEW BUSINESS Bills to be Paid, Bills to be Ratified. Purchase Orders Exceeding $2,500. *Ordinance No. 1804-98- Appropriating $17,056 in the General Fund for Legislative Department Salaries. *Ordinance No. 1805-98- Appropriating $145,650 in the '98 Water System Improvements Capital Project Fund. *Ordinance No. 1806-98~Appropriating $900,000 in the Well House No. 4 Capital Project Fund. Approval- Proposed Settlement of MarkAir Express Bankruptcy Claim. Approval- Proposed Settlement of Claim Against George Bradford. ITEM I: , ADMINISTRATION REPORTS Mayor 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- Possible executive session to discuss proposed settlements in Bradford and MarkAir (Items H-6 and H-7 above). ITEM K: ,,ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 18, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS STUDENT GOVERNMENT DAY ITEM A: CALL TO ORDER The meeting was called to order by Student Government Mayor Andy McCubbins at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Student Mayor McCubbins led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll of the Student Government Day Council was taken by Student Clerk Erin Kirby. Present were: Jess Darsey, Shawn Wilson, Patrick Espy, Jesse Babcock, Matt Brown and Jade Netherton. Kenai City Council roll was taken by the City Clerk. W~!!iams, Bookey, and Swarner. Present were' Moore, Measles, Absent were' Bannock and Smalley. A-3. AGENDA APPROVAL Mayor McCubbins requested the following changes to the agenda: SUBSTITUTE: C-l, Ordinance No. 1803-98- Substitute ordinance to replace Ordinance No. 1803-98 included in the packet. There were no further changes. STUDENT MOTION: Student Council Member Wilson MOVED to amend the agenda as requested and Student Council Member Brown SF~ONDED the motion There were no objections. SO ORDERED. MOTION: Councilman Measles MOVED for approval of the amended agenda and Councilman Bookey S~ONDED the motion. There were no objections. 80 ORDERED. A.-5o CONSENT AGENDA Student Mayor McCubbins reported he had no changes to the consent agenda. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 2 STUDENT MOTION: Student Council Member Wilson MOVED for approval of the consent agenda and Student Councilman Espy SECONDED the motion. There were no objections. SO ORDERED. MOTION: Councilman Measles MOVED for approval of the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS- None. ITEM C; PUBLIC HEARINGS C-1. Ordinance No. 1803-98 - Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle.~ STUDENT MOTION: Student Council Member Espy MOVED to adopt Ordinance No. 1803-98 and Student Council Member Netherton SECONDED the motion. MOTION: Council Member Measles MOVED to adopt Ordinance No. 1803-98 and Council Member Bookey SECONDED the motion. There were no public comments. Student Mayor McCubbins reviewed Ordinance No. 1803-98. Student Council Member Brown asked how the amendment to the ordinance would be enforced. McCubbins explained, a person would be charged $100 every day a junk vehicle is left in the yard after the owner receives a warning. It would be up to the owner of the vehicle to remove it from the property. If needed, the owner may hire a contractor to remove the vehicle from the yard. STUDENT VOTE: Wilson: Yes Espy: Yes McCubbins: Yes Darsey: Yes Netherton: Yes Babcock: Yes Brown' Yes KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 3 STUDENT VOTE PASSED UNANIMOUSLY. Mayor Williams asked if council had any comments or questions in regard to Ordinance No. 1803-98. Williams asked if race cars would be treated as junk vehicles since they may look as though they are junk vehicles. Attorney Graves answered, it could if it met the description of a junk vehicle as noted in the ordinance. He added, citations will not be automatic, a warning would first be issued. A grace period of up to 30 days may be given by the city manager to allow the vehicle to become operational. Councilman Measles noted, racing vehicles are not registered for operation on city streets. One of the descriptive items in the ordinance could make a race vehicle a junk vehicle even though it may be in running condition. Graves stated he was correct and had not thought about race cars when developing the ordinance. He added, under this ordinance, a race car could be classified as a junk vehicle. Williams noted there are a number of people living in the city who like to race cars. He would want them to be covered but also didn't want those people to have two or three vehicles in their yard that are junk and not running. Measles suggested an exception be added under (f)(1) to exempt race cars in active use. He added, there may be some situations when a race car is active, but others that are not and would be considered junk. Graves offered to write an amendment to the ordinance ff council wanted to table the motion until the next meeting. MOTION TO TABLE: Councilman Measles MOVED to table Ordinance No. 1803-98 until the next meeting. Councilman Bookey SECONDED the motion. Annie Gray: Asked if a permit could be issued for a race car in running condition. Graves explained, in order to not have the ordinance struck down in the courts, clear standards need to be set as to what vehicle is permitted. He added, it is better to specify the exceptions within the ordinance. VOTE ON MOTION TO TABLE: There were no objections. 80 ORDERED. ACTION ON ORDIN~CE NO. 1803-98 WAS TABLED. C-2o Resolution 1~o. 98-80 -- Capital Project Fund. Transferring $58,216 in the Kenai ARFF KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 4 STUDENT MOTION: Student Council Member Espy MOVED for adoption of Resolution No. 98-80 and Student Council Member Wilson SECONDED the motion. COUNCIL MOTION: Councilman Measles MOVED for adoption of Resolution No. 98-80 and requested UNANIMOUS COI~SEI~T. Councilman Moore SECONDED the motion. There were no public comments. Student Council Member Brown asked why the money needed to be transferred. Student Finance Director Gray explained, the money was being moved from the ARFF project contingency account into the construction account to cover costs of approved change orders. STUDENT VOTE: Wilson: Yes Darsey: Yes Netherton' Yes Espy: No Babcock: No Brown: Yes McCubbins: Yes MOTION PASSED. COUNCIL VOTE: Williams noted unanimous consent had been requested. There' were no objections. SO ORDERED. C-3. Resolution No. 98-81 -Accepting ADEC Grant No. 47547 Form the State of Alaska Department of Environmental Conservation in the Amount of $450,000 for Wellhouse No. 4 and Water Mains. STUDENT MOTION: Student Council Member Babcock MOVED to adoption Resolution No. 98-81 and Student Council Member Espy SECONDED the motion. Student Council Member Espy asked the purpose of the work. Student Public Works Manager Dana Schrader explained there is no Wellhouse No. 4 at this time. The funds will be used to build it which will upgrade the city water pressure. The ADEC grant funds will pay one-half of the cost and will be built like Wellhouse No. 3 and will be computerized. Another grant will upgrade Wellhouses No. 1 and 2 so they will also be computerized. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 5 COUNCIL MOTION: Councilman Moore MOVED for approval of Resolution No. 98-81 and Councilman Bookey SECONDED the motion. There were no public or council comments. COUNCIL VOTE: Councilman Moore requested UNANIMOUS CONSENT. There were no objections. ORDERED. SO C-4, Resolution No. 98-82- Accepting ADEC Grant No. 47548 From the State of Alaska Department of Environmental Conservation in the Amount of $326,243 to Upgrade Well Houses No. i and 2 and Construct a New Pump House. STUDENT MOTION: Student Council Member Espy MOVED to adopt Resolution No. 98-82 and Student Council Member Netherton SECONDED the motion. There were no public or student council comments. COUNCIL MOTION: Councilman Bookey MOVED for adoption of Resolution No. 98-82 and Councilman Measles SECONDED the motion. There were no objections. SO ORDERED. STUDENT VOTE: Wilson: Yes Espy: Yes McCubbins' Yes Darsey: Yes Netherton: Yes Babcock: Yes Brown: Yes MOTION PASSED UNANIMOUSLY. Student Mayor McCubbins noted the student vote had not been taken for Resolution No. 98-81 (Item C-3). The vote was taken and revealed: STUDENT VOTE: Wilson: Yes Espy: Yes McCubbins: Yes Darsey: Yes Netherton: Yes Babcock: Yes Brown: Yes KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 6 MOTION PASSED UNANIMOUSLY. ITEM D: STUDENT COUNCIL AND ADMINISTRATION REPORTS D-1 and D-2. Mayor and Council Members Student Mayor Andy McCubbins reported their group of students were a part of Mr. Kiel's Government Class. They began the day by meeting with Mayor Williams in the Council Chambers and were introduced to the various department heads as well as the City Manager, City Clerk, and City Attorney. After that, Mayor Williams took the students on a tour of city facilities and the newly opened Alaska Regional Fire Training Facility where they fired the airliner fuel spill simulator. McCubbins reported also the group was taken to the Senior Center for lunch and then returned to City Hall where the students individuallY visited many of the city departments to learn more about the departments they would be representing during this meeting. McCubbins thanked Mr. Kiel, Mayor Williams and the city for the opportunity to participate in ~the Government Day activity. D-3. City Manager Student City Manager JoJo Nujoy reported he also was involved in the tour of city and then joined with City Manager Ross who gave him a crash course on what is involved in performing the position of city manager. Nujoy continued, he learned the city manager makes sure the people who work under him have the training tools and equipment to carry out the service to the community. The city manager also Carries out the policies set by the council, i.e. the council sets the policy and the city manager implements it. The city manager is also responsible for developing a budget, which the council approves and administration implements. D-4. City Attorney Student City Attorney Jones reported he learned the city attorney defends the city. During his time with City Attorney Graves, they visited the court house and sat in on some of the actions taking place. D-5. City Clerk Student City Clerk Erin Kirby reported she learned the city clerk handles city elections and is involved with Borough, State and Federal elections. The city clerk is also somewhat of a historian for the city as the position keeps the minutes of council meetings and makes sure meetings of the city are advertised as required by the Open KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 7 Meetings Act. Kirby continued, other duties for which the city clerk is responsible include selling mobile food vendor licenses and other permits, plaques and plantings for Memorial Park, cemetery plots, etc. Finance Department Representative Student Finance Department Representative Dani Gray reported she met with Robin Feltman of the Finance Department who explained the duties of the Finance Department and the involvement with developing and preparing the city budget, the process of purchase orders, vendor check, water/sewer billings, etc. Gray added, the finance director is also the person who invests the city's funds. Gray reported, during her time with Feltman, they also discussed Resolution No. 98-80 which transferred money to the ARFF construction project and how the actual transfer is made within the budget. I)-7. Public Works Manager Student Public Works Manager Carly White reported she was given a briefing on the plans for the Challenger Center and also on the improvements being made to the Kenai Community Library. She was also given a tour of the city and saw the land on which the Center is to be built. White noted, the Public Works Department is transferring building plans onto computer. Airport Manager Student Airport Manager Jake Hogue reported he was shown how to test the condition of the runways. During a tour of the aJrpo~, it was explained to him how terminal spaces are rented (gift show, restaurant, etc. I at $1.65/square foot, plus ten percent of the gross earnings. He noted, he also learned the city receives $3.00 for each person who boards a plane in Kenai. Also, the city receives for airport parking. Hogue also reported, Airport Manager Atha is investigating the possibility of building a bigger hangar to use as for overnight parking rental space for business planes. Hogue added, the Kenai Municipal Airport is one of the few airports that is run by the city- most are run by the state. D-9. Fire Chief Student Fire Chief Jimmy White reported he met with Fire Chief Jason Elson who explained the responsibilities of fire suppression, fire rescue and emergency services. He also learned the Kenai Fire Department is responsible to serve approximately 33 square miles and 7,000 residents. He added, last year, the Kenai Fire Department were involved in 758 emergency rescues last year. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 8 D-10. Animal Control Officer Student Animal Control Officer Dustin Every reported he spent time with Chief Animal Control Officer Bill Godek and was given a tour of the new animal shelter which was much needed. Every added, he believed it a pretty hard job to catch stray animals and putting many animals to sleep. ^ large part of the job includes dealing with people. He added, it is a tough job and one he did not think he would want to do. Every added, there are animal at the shelter needing to be adopted and reminded the audience to spay and neuter their pets. D-11. Water/Sewer Foreman Student Water/Sewer Foreman David Easely reported he discussed the wellhouse funds and then visited Wellhouse No. 3 to understand why Wellhouses 1 and 2 needed to be upgraded in order to be as efficient as Wellhouse No. 3. D- 12. Librarian Student Librarian Ryan Reid reported he spoke with the librarian and her staff and learned the Kenai Community Library is part of the Alaska State Network and is able to loan books to other libraries. Also, he learned the library has four full-time employees and three part-time employees. There are also ~;olunteers who work at the library. The library is the home for approximately 65,000 books, as well as newspapers, magazines, and five computers with interact service for its patrons' use. The library is also hoping to have an addition built in the near future to allow for additional space for children's activities, storage, study and computer areas, etc. Reid reminded the audience, the library would be closed until December 7 for painting and new carpeting to be installed. Reid also reported a statewide workshop is to be held at the library regarding statewide network on December 12. The annual library open house is scheduled for December 13. D-13. Parks/h Recreation Director Student Parks & Recreation Director Tyler Crane reported the department offers a wide range of services, i.e. developing parks, maintaining parks, offering activities for the city's youth through its recreational programs, as well as summer jobs for area youth who clean parks and trails, plant and weed flowers, etc. D-14. Police Chief- Absent Closure of student portion of the meeting. BREAK TAKEN: 7:50 P.M. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 9 BACK TO ORDER: 8:02 P.M. Mayor Williams called the meeting back to order and continued with the regular City Council agenda beginning with Item D, Commission/Committee Reports. ITEM D: COMMISSION/COMMITTEE REPORTS D-X. Council on AEing Councilwoman Swarner (who arrived at 7:40 p.m.) reported there had been no meeting of the Council on Aging, although she reminded council and the audience the retirement party for Pat Porter would be held on Monday, November 23 at the Senior Center, beginning at 6'00 p.m. D-2o Airport Commission Councilman Measles reported the Commission met last week and the minutes of the meeting were included in the packet. He noted, most of the meeting was taken up by discussion and public testimony regarding the proposed professional service contract which was withdrawn prior to the meeting. D-3o Harbor Commission Councilman Bookey reported the minutes of the last Harbor Commission meeting were included in the packet. He also noted an application for a position on the Harbor Commission was included in the packet and submitted by William Leo Clay. It was noted Mr. Clay was present and Mayor Williams noted Clay had a wealth of experience in maritime activities. Williams offered Mr. Clay to be appointed to the Harbor Commission. There were no objections stated by council. D-4o Library Commission Councilman Moore reported the minutes of the November 3 meeting were included in the packet. He noted December 12 was scheduled to be Intellectual Freedom Day at the library. Moore also reported painting had begun at the library and reminded council and the audience the Holiday Open House was scheduled for December 13 from Noon to 4:00 P.M. Moore also noted, the next commission meeting was scheduled for December 1, 1998. Mayor Williams reported Melinda Haring had submitted her application to be appointed as the student representative to the Commission. Williams offer Haring to be appointed to the Commission and there were no objections from council. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE l0 Par~s & Recreation Commission Parks & Recreation Director Frates reported the minutes of the November 5, 1998 Parks &, Recreation Commission meeting were included in the packet. He noted, the Christmas decorations were being put up throughout town. D-6o Planning ~ Zoning Commission Public Works Manager La Shot reported the Commission's November 11 meeting had been cancelled as it was Veterans Day. The Commission would meet again on November 25, 1998. The minutes of the October 28 meeting were included in the packet. The resignation from the Commission of Art Graveley was noted which made three openings on the commission. Williams urged members of the community to submit applications to the City Clerk ff they were interested in being considered for placement on the commission. Williams also reminded council a work session was scheduled for November 25, 1998 at the Senior Center, beginning at 7:00 p.m. where applications submitted for consideration would be reviewed and interviews held in regard to appointments to the commission. Appointments to the commission would be ratified at the December 2 council meeting. D-7o D-7a. Miscellaneous Commissions and Committees Beautification Committee Swarner reported no meeting had been held in November and the December meeting had been cancelled as well. During the January meeting, the election of officers would be held and she anticipated they would be in need of a new member at that time. Historic District Board Moore reported the Board met and discussed their goals and objectives for the coming year. Six goals were selected: develop an Old Towne Exhibit at KVCC; research the battle of Kenai; participate with the National Parks Service regarding signage for the walking tour which would be placed by the "gold strike" sign; investigate the National Heritage Area Designation Program (a new federal program); and investigate historical significance and possible purchase of three lots in Old Towne which have been offered for sale. Moore added, the Board also was interested in including information in the city video regarding Old Towne development. Moore noted, the Board suggested other property owners in Old Towne be notified of city's possible interest in purchase of lots in Old Towne in case those property owners wanted to offer their lots for sale as well. D-7c. Kenai Visitors/h Convention Bureau Board Bookey reported their meeting was held on November 10, however he did not attend as he attended the AML Conference in Fairbanks. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 11 D-7d. Alaska Municipal League Report Bookey reported he, Swarner, Smalley and Williams attended the conference. He ran for the position on the AML Board of Directors to replace Smalley. However Ron Drathsman of Homer won the election. Swarner stated there were resolutions on resource and economic development coming before the Legislature which should be followed. Williams thanked Councilwoman Swarner and City Clerk Freas for their involvement in preparing the necessary information to enter his name into the Elected Official of the Year Award, which he won, along with Anchorage Mayor Mystrom. He thanked council for the confidence they showed in him. ITEM G: OLD BUSINESS G-X. Discussion- Jim Carter's Withdrawal of Proposed "Professional Services Contract" to Perform a User-Interest Survey Regarding Expansion of the Kenai Airport. Williams explained this contract was before last week's Airport Commission for review and Carter submitted his letter of withdrawal prior to the meeting. He added, testimony was taken during the meeting and many of those giving testimony were also attending this council meeting. Williams requested council to take up discussion of the contract and determine how they wanted to proceed. Clerk Freas noted, the wrong contract was placed in the packet and the correct contract was distributed to council. The contract distributed was the last contract developed which was also the one before the Airport Commission during their meeting. Copies of the correct contract were made available to the public. Councilman Moore explained he was not promoting a heavy-jet cargo facility in the City of Kenai and would not support a facility of that nature. However, he added, he was not afraid to ask questions and investigate this type of airport facility in the area. There are many possibilities for the future and he was not afraid to investigate those possibilities. He added, if there was an option of placing a heavy-jet facility in Kenai, he would not support it. Councilman Measles stated he was disappointed, as others were, that Carter withdrew his proposed contract. He added, he still believed Carter was the best qualified person in the community to do this type of baseline study for the city. Measles continued, Carter had been involved in aviation for many years and had many of the contacts necessary to do such a study. Measles continued, he would like council to move ahead with a study and put a contract out for an RFP, limiting it strictly to the first phase of conducting the industry-user survey only. Until that was done, there was no KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 12 point in conducting any other study or survey until it was known if there was something feasible. Measles added, he would like the RFP out and available as soon as possible. Councilman Bookey stated, from the beginning he was willing to "stick my foot in cold water, but not willing to jump in all the way." Bookey added, he believed the subject had been misconstrued in that people believed the council was willing to jump in all the way. He added, at the beginning, he said he did not want to fast-track the program and still did not want to do that as he felt it could take its time because those on the council now would not be there if the facility ever came to fruition. Because he believed there was some merit to the program, Bookey stated, he liked Measles' suggestion the city go to an RFP for the first phase to fred out if there was someone available to do a study and then the program could take a life of its own. A decision could be made at that point and then continue on. Councilwoman Swarner stated she was disappointed when the contract was withdrawn because she felt the airport was a gold mine for the city and should be developed. She added, there were differences of opinion in regard to stages of development and what should be done or not. However, she believed, council owed it to themselves and the citizens to go forward with a baseline study as Measles suggested. Bookey added, his intention was not to include the existing Kenai Airport now being used. He added, he did not support that area at all as a jet runway on a continuous basis. The proposed facility would need to be looked at as a completely different operation and completely away from the baseline of town. Swarner thanked Mr. Phillips (in the audience) for his letters to the editor as he did not take sides, but put out the facts. City Manager Ross stated, if council desired, he would use the scope of services on the back page of the proposed contract, and include the fa'st three items to be placed in a draft RFP and bring it back to council for review at their mid-December meeting. Ross added, if council accepted those first three items as the scope of services or if they had modifications to make, it would speed the process if they were stated at this time. Measles stated he would include at least parts of No. 4 under the scope of services. Ross stated he looked at No. 4 as being a part of the administration of the contract. Measles had no objections. Williams stated, it was not his intention to park 747's in downtown Kenai either and noted, he received a letter from the Parish Director at his church who was deeply concerned about the issue. He noted, he and Mrs. Wi!l/ams sat through church and used to live in that area when Alaska Airlines used to fly jets into Kenai. During that time, the City of Kenai passed an ordinance to mandate what hours the airlines could fly and do their practicing. He was aware of what jet noise was and the citizens' concerns. He added, it was his intention to examine the whole issue of air freight, KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 1~ where it could be done if it were available to do and what the ramifications would be in doing it. He added, he pled guilty to trying to fast track the issue because in being in contact with the congressional delegation, they set time lines in which to consider funding. When the professional services contract issue was first discussed, it appeared an April 1 deadline could be met in order to put the city into the loop for the Appropriations' Committee funding somewhere next year. He was hoping that funding would come forth to the City of Kenai for the purposes of geo-technical studies and examination of land, water, environmental impact statements and all the reports mentioned by some members of the community. None of those reports could be done without first furnishing Congress with some evidence there was a reason to do the reports. Until some evidence was found to at least give a hint of whether to proceed, it would be jumping the gun to do any other report required. Williams added, the environmental impact statement that would be required for a project of this nature could run as much as $6 million, without the geo-technical surveys, soil samples and soil conditions, etc. He added, the city was a long way away from doing the environmental impact statement. Williams added, he was disappointed Carter pulled his contract. He added, he was in favor of moving ahead and would join in asking Administration to do that as it is something needing to be investigated now. Twenty to 25 years down the road, they may be glad they did. Williams added, over the years he had been involved as Mayor and commissioners with numerous studies, discussions and evaluations as to how the city should advance. Truthfully and unequivocally, Williams stated, if the city had not taken the aggressive position it had over the years, many of those in the audience would not be in the audience today because the city was a very small, dusty, dirty little town. Measles added, he did not think anyone on the council ever envisioned jumbo jets landing at the existing airport. In fact, during the early discussions of council, the council was in agreement that would not be a satisfactory project and was never under consideration for a jumbo jet landing on the existing airport. Measles continued, as far as fast-tracking there were many slow-downs in the project if at every step of the way it looks positive, then they would move ahead. It was not a project that could be fast-tracked. He added, they were looking at a project that would take ten, fifteen or twenty years to become a reality, if every step of the way says it is a positive thing and council decides to continue. Measles noted, there was some urgency in the initial study, or first stages, needing to be done because well before the fifteen or twenty years, the project would be taken on by someone in the state. If Kenai doesn't at least get the baseline studies done and determine whether the city wants to be included in the group, it wouldn't be and the airport would be built somewhere else. Williams agreed. Williams opened the discussion to public comments. Phil North- 3810 Wild Rose, Kenai. I guess I'll, first I~l dispose of kinda the bad news. Um and that is that I really have to take exception w/th Councilwoman KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 14 Swamer's applauding the letter to the editor. I think if she should applaud anything, she should applaud all the participation that's happened. The letters to the editor, all the letters to the editor, as well as the participation here. I read that letter that was there this morning and Mr. Phillips asserted... Williams: Let's not get into personalities with regard to what one has written to the paper or the other. I'm sure that throughout the audience we would have defenders of one position versus the other, so please don't involve yourself in personalities .... North' ...Well, congre...excuse me, Councilwoman Swarner applauded a letter that was patently false. Had no truth in it... Williams- I'm going to role that objection out of order. You cannot stand there and declare that this letter that a citizen of the community wrote is patently false. I will not accept that line of rhetoric. Now, please continue, but please guard your conversation. North: Well, I'll move on. I guess my point has been made. I think there's been more clarification about what the intent of this project was here tonight than ever before. I know my first knowledge of this project was late spring or early summer, whenever that first meeting happened and there was an article in the paper that specifically talked about heavy cargo jets coming into Kenai and that was a very objectionable idea to me and like I said last time, I thought it was, and was quoted in the paper, I thoUght it was a bad idea for Kenai. I think that, I agree that information is good and, and that going out and getting that information and finding out what the possible, what the possibilities are for the use of the Kenai Airport is a good idea and so I .would like to suggest that you do move forward on that with all the clarification that has been explained tonight. So .... Williams: public? All right. Thank you very much. Further comments from the general Jill Lil~lm- May name is Jill Lipka and I live in Kenai. 1606 Salmo Circle. My speech seems to be changing according to what's discussed here so yoU,ll have to bear with me. Urn, between the market or the baseline study, would it be at all possible between that and the decision to go forward looking for funding, would then there do you it would be appropriate to possibly look into the impact study on Kenai? That would be something that I was hoping to put forth here. Ah, it has already been suggested by myself to the Airport Commission that the Kenai Community Impact Study be done with regard to that expansion or as it's starting to look like relocation of the airport and you may ask, what is meant by Community Impact Study, and this will be review for some of you who were at the Airport Commission meeting. What is meant, some examples that I'd like to outline for you are, are things such as the impact of air pollution on the Kenai, the community of the Kenai, resulting from frequent take-offs and landings of jumbo jets; the general health KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 15 affects on populations living near busy jumbo jet airports (for example increases in cancers, heart disease, respiratory illness, mortality rates, and mental illness); the impact of chronic exposure to airport noise on nearby populations, especially children (for example, sleep deprivation because we're talking about planes taking off year- round, night and day, has been my understanding; potential increases in children in the incidence of ADD, high blood pressure, lower standardized test scores, stress hormone responses, those things are measured, measurablel; the impact of contaminated water mn-off from the airport on surface and ground water, for example, de-icers are used and those often do get into the ground water and the surface water near airports, it's very common; the impact on population demographics and potential relocation of the current Kenai population living in the neighborhoods living near the proposed expanded or relocated airport; the impact on the healthy cultural functioning of the neighborhood communities living near the airport; impact on property values and potential tax revenue decline; safety of citizens and homes near the airport that may be used for emergency landings; the impact of potential changes in population demographics on existing small businesses in the Kenai community; the impact of an air cargo facility on tourism; legal implications and potential lawsuits by residents living near an expanded airport; impact on cultural and educational facilities near the airport, such as churches and school- will people be sitting in their churches and in their classrooms listening to jets going overhead; and the impact on wildlife habitat and wetlands near the proposed airport. I do have a handout and I apologize for not giving it to you in the first place. I'm not sure that I have one for everyone ...inaudible .... And, I think hindsight is 20/20 as foresight is worth its weight in gold. This one huge project will not fm our economic insecurities. I think that that's kind of how people are looking at it- that this will be a fix and I, and I think that this may, in my opinion, create more problems than it solves. We pride ourselves in being, different from the lower 48 here in this community, I think, and Alaska in general. And yet it seems that in some ways our local government is striving to create the very problems that set us apart from the rest of of many communities across America. Can we not learn from others' mistakes? Can we not be an example of the right way to do things? Once the funds, this is concern of mine, that once the funds have been secured or allocated, that no EIS will stop the process. So once the noise, day and night, the noise and pollution day and night are here, we cannot go back and wish that we had never done this. We can't do that. Once it's here, it's done and we need to have foresight and think about what we're doing. This is a big deal. Good neighbor projects unite, not divide. The purpose, or I propose that we do a follow-up to the April 1997 Kenai Economic Outlook Forum. Together we can fred the answers without the noise and without the pollution. The need for sustainable economics and quality of life are things that we can all agree on. Thank you. Williams' Thank you very much. Are there questions from council, yeah, please maintain your position there. Councilwoman Swarner? 217 Second Street, Suite 200 · Juneau, Alaska 99801 · Tel (907)586-1325, Fax (907)-463-5480 INVOICE December 7, 1998 TO: Mayor John Williams & Council Members City of Kenai 210 Fidalgo Ave., St. 200 Kcnai, AK 99611 Invoice REe ALASKA MUNICIPAL LEAGUE MEMBERSHIP DUES -1999 * 1997 Population: 6971 Base Rate: $6,660.00 TOTAL 1999 DUES: $6,660.00 (Rounded to the nearest $10) Dues are payable on the first day of January 1999 Please remit your check to' Alaska Municipal League 217 Second Street, Suite 200 Juneau, Alaska 99801 *Population based each year on last DCRA census at time of invoice. YOUR BRANCH OFFICE IN THE CAPITAL Member of the National League of Cities and the National Association of Counties CZTY OF KE NAI' DI'RECT PAYMENT AUTHORTZATZON AGREEMENT Customer Name(s). Address Phone Number Water & Sewer Account Number(s) ! (we) hereby authorize the City of Kenai, hereinafter called COMPANY, to initiate debit entries to my (our) checking account indicated below and the depository financial institution named below, hereinafter called DEPOSITORY, to debit the same to such account. Depository Name Transit/Routing No. Branch State Zip ,. Account No. This authority is to remain in full force and effect until COMPANY and DEPOSITORY have received written notification from me (or either of us) of its termination in such time and in such manner to. afford COMPANY and DEPOSITORY A REASONABLE OPPORIUN~ TO ^Ct. I (either of us) have the right to stop payment of a debit entr~ by notification to DEPOSITORY at least 3 days prior to my (our) next payment. In case of: an erroneous debit, provided I (we) supply notice to DEPOSITORY within 60 days of receiving my (our) account statement, the DEPOSITORY must investigate and resolve the error within 45 days, but if it has not done so within 10 days, my (our) account will ~e recredited for the amount in question while it finishes the inYestigation. Signature Print Name Date Signature Print Name Date December 18, 1998 To all City of Kenai Water and Sewer Customers' Would you like to pay your water and sewer bills without writing a check or paying cash at the City office? The City is now offering an automatic paymem option. Automatic payments are made on the due date directly to the City through the electronic banking system. The advantage of this option is that you do not need to write a check or use your valuable time to come to the City office to pay your bill, and your bill will always be paid right on time! If you would like this option please authorize the City to deduct the paymem from your checking account through the electronic banking system by completing the application form on the back of this letter. Also attach a copy of a check or a voided check so that we can verify account numbers and bank routing numbers. We will send you a confirmation with the date automatic payment will start. Here is what will happen after automatic paymem goes into effect: Each momh the City will electronically transmit customer account and amount information to our bank. Our bank will work through the electronic banking system to debit customer accounts and credit the City's account. Typically this will happen on the due date of the water and sewer bill which is around the 20 of each momh. Customer checking account statements will reflect the deduction and the City will credit your water and sewer account just as if we had received a check or cash. The City will cominue to send you momhly bills so that you will know the payment amount as well as other information about the status of your water and sewer account. You can stop using this option at any time by notifying the City in writing or by notifying your bank not to allow the automatic deduction. We have received many requests for this service lately and it is being offered for your convenience. Sincerely, Lan3r Semmens Finance Director i i 217 Second Street, Suite 200 = Juneau, Alaska 99801 · Tel (907)586-1325, Fax (907)-4t~-b4~u December 7, 1998 Mayor and Council Members City of Kenai 210 Fidalgo Ave., St. 200 Kenai, AK 99611 Dear Mayor and Council Members: Enclosed is the invoice for your 1999 AML Membership Dues. You join 140 Alaskan Municipalities (the largest membership in the history of AML) who make up the Alaska Municipal League. With your municipality's support, the voice of municipal government will continue to be strongly heard by the Administration and Legislature. The question you must answer for your municipality is "What does AML do for us?". This year, the teamwork between municipalities was responsible for a significant turnaround in the relationship between the state and its munici' ities. Here are a few ex~ .es' · AML and its members played a key role in changing and removing many provisions of the education funding formula bill that could have had significant negative impacts on municipalities and students. AML played a key role in keeping the discussion alive for the coming year by advocating for an "adequacy study" to see if children are being served equitably across the state. · AML and the Alaska Conference of Mayors played a major role in securing state funding for deferred maintenance for state and local public facilities. · AML/ACoM built stronger relationships between members, and made much more of an impact on state policy. · AML supported increased Federal PILT and to have it distributed to all boroughs and municipalities in the Unorganized Borough. (Congress is considering an additional 5% to 10% increase in overall PILT funding) · AML also made more impact on federal issues, especially with Alaska's strong congressional delegation and through closer ties with the National League of Cities and the National Association of Counties. Member of the National League of Cities and the National Association of Counties Next year's proposed top municipal issues are critical to your municipal budget and the future of your community. AML/Alaska Conference of Mayor's top priorities: 1. Continue work on the education funding formula 2. Ensure continued state funding to fix deteriorating public facilities including schools, roads, harbors, water and sewers, etc. 3. Adoption of a Community Dividend Program directly to municipalities. In addition to joint municipal legislative successes, the AML offers: · The Annual Local Government Conference gives you an important opportunity to share ideas and learn from hundreds of other local elected officials. · The best municipal training in the state including the "Newly Elected Officials Workshop," the Leadership Institute, and the new Certified Public Manager Program. · AML joint services to save you money including: the AML Joint Insurance Association, the AML Investment Pool, joint purchasing for office supplies, and AML is studying the creation of a municipal health insurance purchasing group. · AML Touchstone, Legislative Bulletin, and other publications keep you in touch with state and national issues facing your community. Research service and direct assistance to help solve pressing municipal problems. In conclusion, by belonging to the Alaska Municipal League you saved money for your citizens last year and gave your municipality a stronger united voice in statewide and federal issues. As budgets get tighter, the more your m~ni¢ipality needs to ~oin with all other Alaskan municipalities to work together on the priorities of the Alaska Municipal League. Please call me at 586-1325 if you would like further information, or just to get acquainted with new AML services and policy work. K Sincerely' /~~ Executive Dir/o~r c:/susan/mum mbr cortes/dues Itt 1999 KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 16 Swarner: Ms. Lipka, would you please explain EIS. Lipka: Environmental impact statement. Any, anything else? Williams: Any further questions? Thank you very much. Let me assure you that this list that you've presented to the council tonight, is only a partial list of the things that would be looked at if, and I strongly say if, the Congress decides it's worth putting five or six million dollars into it. Until we get to that point where Congress is convinced that his might be a viable project, we will never know the answer to any of these questions because this particular list and those that would be added to it are far beyond the financial capability of the City of Kenai. We would not, in any way, jeopardize our funds, either from the Airport or the City Council, the General Fund, to undertake a scope of services of this nature. So, once again, if everything went perfect, we disregard the time line we're presently in, and we move it off one year to April of the year 2000, until funds were appropriated through the budgetary process, those funds becoming available to us on October 1, I believe, isn't it, the federal budget of the year 2000, given another period of time, I can't even see us beginning much of this project until some time in the year 2001 or later. So, that was, that would be ff everything went perfect from the present standpoint. And I'm, I'm just laying that out as a time line. So, what we're really looking at is a long term look at the future and whether or not it's going to impact the community really can't even be discussed at this point because we don't know where it's going to be. We have a good idea of where the lands available 'are and most of them are a long ways away from downtown Kenai, I can guarantee you that, and some of them are under Federal and State control and may not be able to be used and of course, the geo-technical report says that there's a lot of wetlands between here and Anchorage as well, so we really don't know where just exactly we would go with it or where it would go and that part, as a result of tonight's meeting, may be sometime in the distant future because the location is not included in what we called the proposed list of services. So with that, is there further discussions? Yes. Tim Navarre- Thank you Mayor and Council. My name is Tim Navarre. I'm speaking to you as a citizen as a resident of the City of Kenai not as a Borough Assemblyman. Ah, I just want to come up here first and thank you for your vision and for your, that you shouldn't have to make an apology because something gets inputted in either our minds or the public's mind that what you meant is that big 747's were going to come in and take it. I didn't take it that way. I looked you as looking out for this city and this Borough 50 years down the road and what's going to have to be and having those thoughts and those ideas and investigating so maybe one day we won't have an airport in the middle of downtown Kenai. Maybe it is out five miles or ten miles. Maybe it is more centrally located and yet, the City of Kenai is still a big player because they had vision and they looked at it as to where it should be and where Emergency Access Road will probably be a four-lane highway and itel come in and, and connect to it and Swanson River Road will come in and whatever the case might be. But, I applaud you for looking at it. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 17 The last thing that I would like to say is that even though Mr. Carter withdrew his ah contract, or I would hope that maybe that you would reconsider even in the RFP. I think that if you look at the contacts that Mr. Carter, I think that you should maybe make a motion and say we should have the city manager negotiate and see if there's something that we can come in and give him the contract. I think it's in the best interest. I think he has, in some cases, some of the knowledge already and some of the contacts of the Native corporation, the feeling of the land, he's fami!~ar of this city, he has the caring of the city. You~l probably remember he started out tens or twenty years ago, I forget how long, with help creating the Economic Development District here. I remember coming to you a few years back and and you put in $40,000 into the, the Economic Development Center and I appreciate you for that and that's going to come forward and it's going, it's going to materialize. But if he didn't have those beliefs and those dreams and that's why I believe, I haven't even spoken other than for a few minutes tonight, to Mr. Carter to tell him I was going to be here and i was wondering if he was going to be here only because I thought that there was a lot of name-calling and you know, Mr. Carter probably pulled out it, and I never even asked him this, but he probably pulled out because he didn't want to be, he didn't want to be the clod to throw this thing away and not let the city go forward with this. I think you need to come back and ask him again to come back and that you do believe him like I believe in you and I believe the majority of the citizens of this city believe in you and that this isn't an issue that you're going to ignore. Ail the issues that are out there that I even deal with on a borough standpoint, environmental or otherwise, we're all becoming a lot more environmental-friendly in that, and I believe as you went down the road, you would have addressed those things and you wouldn't have done harm to this city at the betterment of the other. There has to be a balance and sometimes you have to just say no. But don't be afraid to look and don't be afraid to dream like you always have and I think you should support Jim Carter on this and I think you should look at a contract that you could give him on that first phase. I think he could move on it and I think we could have a good contract out of it. Thank you. Williams: Thank you. public? Any questions of Mr. Navarre? Okay. Members of the general Debbie Sonberg: My name is Debbie Sonberg and I'm at 410 Cinderella Street here in Kenai. I was glad to hear Councilman Bookey and Councilman Moore both mention their initial reluctancy with the project because as I recall on the June third meeting, they asked to be on the record as a reluctant yes and I believe there may have been one or two others as well. When I read through those minutes a few weeks ago, the minutes don't reflect that. I'm sure the transcript does but I did not find that in the minutes. And they agreed because this was a study and weYe gone through a lot of evolution over the last few months with this study and I think we're getting to a point where I'm KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 18 fairly satisfied with going ahead the way Rick Ross has presented it in his memo with the first phase and going to RFP. I also personally don't have any problem whatsoever with Mr. Carter being an applicant in that process. I also understood from the beginning that jumbo jets were not going to come into our current Kenai Airport but I still think that there's a lot of affect that it could have even if it's out a few miles or several miles and so I was still concerned about that. Again, I think the study's being re-suggested in a way that I'm must more comfortable with it. Another thing is that I don't believe I ever heard about this April deadline until the Airport Commission meeting. I don't recall that ever coming up before and there's been bits and pieces coming out all along and each time we learn more, we understand more, we probably agree more in some ways. For a while, it separates out then it comes back to more agreement. But that's something that if it was critical to the progress, we probably needed to know that earlier too. Maybe we could have handled things differently ourselves. But, if we don't know, we can't use that information in our decision-making. So as you go ahead and as you meet other deadlines as other things come up or other issues come up, just as much as possible, if there is something as important as an April deadline, it may not seem important at the time, I imagine last June it didn't seem important, maybe that's why it didn't get brought up. As time went on, it became very important. But, and now we're past that and maybe looking at a different April deadline down the road. I just wanted to mention that. Williams: Thank you very much. Yes, back in June, May or June of this past year, the April deadline was what appeared to be a doable situation. As I said earlier, I'm going to pull back on that particular deadline. That was a self-imposed deadline that I asked the council to accept based on my conversations, of course, with Senator Stevens and the federal delegation, so there's nothing down in writing. There isn't a set date that you must have this done. It's just that we know from experience that the Appropriations Committee goes through their final draws in April. That they get the budget all ready before they come home for their summer vacation or their spring vacation and they go back to work of course, and all the work from the various committees is £mished at that time and from there, it goes right on through. It's virtually, the budget is virtually is a cut-and-dried deal once the committees have dealt with it. That particular deadline is no longer valid. There's no way in the world that we could even begin to meet it so we~l put it off for one more year. Itel have to be a year down the road. Yes? Sonberg: One more point that I forgot to make is if this study does go ahead as proposed in the memo from Rick Ross, the study is done and at that point, you're moving forward with a future steps, I would like to see a community survey and a community impact study. Not just other things, but those two things in particular be really early in the time line for the next steps, not down the road when it looks like it's kind of a done ..... TAPE CHANGE .... really early on. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 19 Williams' I think before any meaningful funding from Congress is given, we~l probably have to have much more data than what we~l be able to produce with the first report anyway. Ail right, further comments? Mark Sehrag- My concern, I guess is with the rhetoric here and ah, I don't think it has to be as divisive as it's been. I really, I've heard most, people have concerns about the airport, but for the most part, a lot of it's been trying to f'me-tune the concerns with the contract itself. I think I've heard from different places that that was, there were some questions out there. So, and for everybody to be portrayed, it seems like anybody who has, who has been questioning the contract is started to be demonized, and I just, I really don't like that you know. Mayor, you didn't like it when you were referred to as a "good ole boy network" and remember that feeling and that's the same feeling I get you know, when you start talking about, that we're stopping economic development, that We've been accursed of promoting starvation on the Peninsula. You know, just because we're questioning this process a little bit, you know, I, you go on the record back there, and I've been on the record along, all along saying go ahead with it but I'm concerned with, with some of the parts of that. And just because we're questioning that, doesn't mean that we don't have the good of the city at heart you know. I just think we'd get a lot further along on this, on other projects, if we all come from the premise that we have the interest of the city at heart and to try to work from there, even though we have some, you know, some questions and disagreements in how to go ahead. So, I just hope that we can cool down the rhetoric a little bit and not have the accusations and attributing motives to other people, you know, we just have to try to take care of ourselves and try and present facts to build our case rather than, than accusations and things like that. So that's my main concern is that we do that. Williams: Thank you very much for those comments. I appreciate those comments very much. I think that as human beings, we all want tend to want to protect our own turf when, in fact, if we could all separate out our individual personalities from the task at hand, it would probably be much better. I for one have a failing in that area. I've struggled for years, especially setting in the position here at the council, to try to remove myself. I've struggled for years to try remove myself from the emotional effect of an ordinance that you might be dealing with or a rule that you might be looking at and I've tried to step back and look at it from an objective position and that's exactly what you're saying and, you know, all human beings are guilty of the same thing. They don't like to be picked on and I appreciate your comment about being demonized because that's exactly how I felt. So, I think that ff we could move on from here with the discussions and the long-term discussions in the future, to try to f'md a successful solution to the future of the city and that's what we're all interested is just exactly what our future holds for us. So, thank you again for those comments. Kristine Sehmidt - My name is Kristine Schmidt. 1 live at 513 Ash Avenue. First I want to say I'm in 100% disagreement with Ms. Swamer's comments. Number two, I personally have no problem with examining development opportunities for the airport and if the RF...if this proposal could be written that way, as suggested by the city manager, I would support that. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 20 I believe after ten years of public service in local government, that the RFP process is the best option. It's in the best, it's the best option for meeting the public interest. I also believe, I also want to echo Ms. Lipka's comments that after the smdy's done, the results should be brought to the public for an open public meeting to get community consensus on any kind of project that would be considered for the city airport. And that doesn't cost any money. Okay, I think that's what we're all asking for is that there be community consensus and that there be open discussion of of any projects that are identified as a possible for the, for this, for the Kenai Airport, whether it be expansion, whether it be relocation or whether it be projects to, that would be going on in the existing airport. Thank you. Williams' Thank you very much. Are there questions from council? All right. Anyone else from the general public. Your name for the record please. Good. William Phillips: I live in Kenai. You know, my wife would be proud of me tonight. I was called a liar to my face and I just sat there and didn't say anything. So, so that's one, so my wife at least is proud of me tonight. But to carry on, I have listened to the previous what has happened and quite frankly, whenever you plan a study process and a tactic that has been used frequently outside and is being used by more and more groups, is to in fact, to attack the initial process, not saying no to the project, but to weigh it down with so many burdens that it cannot move forward at all. What we need to do is make this initial study to find out if it is a possibility and if it is a possibility, the economic benefits for this particular community for the borough and even the state are tremendous. I could take an hour of your time and I could outline the, what I think would be the benefits from it, and unlike some of you out there who have accused me of well what's his financial interest in it... Williams' Let's be a little cautious in our comments. Voice: No.one's said anything about money yet. Phillips' Well, there has been a person or two that have said that I have a financial interest in it... Williams: Just a little caution in our comments... Phillips: I am, folks, I'm retired. My wife's retired. I'm not looking for a job out of this, but I do believe is what I learned back in college, that 40 years ago this semester, when the Philosophy professor talked about enlightened self-interest, over the long haul it's very important. My retirement depends not on the money I have quote saved, or the retirement that I have earned, it depends upon the people now currently working do and what the people in the future do. So it is in everyone's best interest KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 21 that our children and grandchildren have excellent opportunities so they can continue to afford to create that wealth that makes it possible for all of who retire. That is in fact, economic reality. The savings we put away, you know, are theoretically held there, but it's based upon what the future generations are going to be able to produce in the form of wealth. This is one of the reasons why I am in favor of that even though you could say, from my point of view, I don't need a job, I'm not going to benefit from it directly, but I think it's important to the community and the state that we look at it and it's important to this community because, I feel, that this the best, I've lived here for lived here for 17 years now, this is the best proposal for economic development that has been made in the area on a large scale on that time frame. And the off-shoots that could come from it are tremendous. Now, I knew when it was discussed there was no way that the existing airport was going to be expanded. That this would have to be built out somewhere. The reason is very simple: you can't shut down our airport for two years while you rebuild the runway. You know- what's going to happen, are we going to cut ourselves off currently for two years? No way. I mean, realistically, I accepted that fact right off the bat that it was going to have to be located out somewhere. But the th/rig I want to applaud this city for, the City of Kenai has in fact, been the most aggressive towards working towards developing the local economy and I think that's very important because we have to look down the road at what will happen. Things are good now, but there are so many problems on the, sitting out there it will create for us and we need to look at other things. I might remind all of you that if you watched the news tonight, Alaska crude dropped another forty cents down, I believe it was 10-88 and the state prepared its budget this year based on 15-something a barrel. So, we're now one-third below what the state projected to develop its budget. And we've got to look at the days when the oil runs out. Otherwise, and you know, people say, what about my property value. If you were here in 86 when oil dropped to nine dollars a barrel, and Prudhoe Bay shut down like that, housing, value of houses dropped in many cases to one-third to what they were before that price crash hit. So we've got to look to the future and this is a long-range thing. This is not something that could be done tomorrow or the next day, but we got to, first off we got to see, is it possible and that's what this contract is for and I think it needs to go forward on that basis. Is it possible? Is the need out there? Quite frankly, I've done a lot of reading in a lot of areas and I know the, the alternatives that they've got available, and none of them are good. They're not going to put it in Russia because Russia is too unstable. That originally was talked about, was about ten years ago, when the wall came down, the crash came, they were going to move through the Soviet Union or through Russia for cargo handling. They're not going to do it because Russia is too unstable. We have the probably the best shot we'll have over the next few years and I think that it's imperative that you move forward with a study as you've discussed tonight and we get it and find out if we can make it happen, then we're going to provide economic benefits KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 22 for children and our grandchildren who in turn then will be able to support us in our old ages with their taxes and other benefits. Thank you. Williams: Thank you very much for the comments. Is there anyone else from the general public who would like to comment? Carol Dallman- My name is Carol Dallman and I live at 524 Pine, Kenai. The only thing that concerns, has concerned me since I became involved in this issue of a couple months ago is what, is, is the common refrain that I have heard from a number of people or the feeling that some of us are anti-deVelopment reactionaries, if you will and I just don't think that's an accurate portrait. Watchdogs, if you will, that term has been used and I take that as a positive remark. If that's what I am, so be it. I think we're, we need to have watchdogs in our society and I, like I said, I, I, became involved in the process because I too am looking to the future. I too am looking at the, at the economic impact that development would have but I'm also looking at all the other areas of impact that ah, any you know, process this large could eventually entail. I also have the best interest of my children and my grandchildren in mind and I'm looking to the future. But I think where I became concerned and probably I speak for a lot of the others, is that the original contract, and I heard this expression recently for the f'~rst time in many years and it just really reminded me of the original contract, the devil was in the details and that bothered me. There was just a lot, a lot of things about the original contract that bothered me. I feel a lot better now that some of the has been ironed out, tom apart, looked at very, very closely and I certainly can be a lot more comfortable, I am a lot more comfortable with taking it in smaller pieces, smaller segments and moving forward very, very slowly. So, I just want to go on the record saying that I am not anti-development, I just want development to be looked at very, very closely and very, very slowly and very, very correctly because anything worth doing is worth tatting its time and doing well Thank you. Williams: Thank you for your comments. Questions from council? Ail fight. Is there anyone else from the audience? I think they've, if anyone else wants to make some comments, please come forward. Yes. James Carter- Thank you Mr. Mayor and council. Mine only has to do, since you've, you have a motion on the floor, or do you have a motion on the floor? Williams: I think it was just a discussion .... Carter: Just a discussion, okay. In the, in the scope of work that you're talking about, I didn't bring any papers with me tonight, it's either Item 2 or 3, Fairbanks is listed. In Item 2? With all the energy I can muster, I, I would like to suggest that Fairbanks not be a part of that. I think it adds a negative factor to it. As you KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 2~ remember, all of the discussion that we've had, has been about Anchorage running out of space and Kenai being the alternative. If Fairbanks is to be discussed, whoever does the RFP, let the air carriers bring that discussion out and I think it's ah, it makes it a better scope of service if you do that. That's all the comment I had. Williams: Thank you. Further comments. Rebecca Lambourn -- Yes, my name is Rebecca Lamboum and I live at 1506 Toyon Way. I am frankly pleased at the process that I've observed over the last few weeks of seeing so many people get involved in this project expressing their opinion. Getting involved in the democratic process. I was really concerned when my husband came to a meeting, I don't know if was a month or six weeks ago, where he was the only person here and the council voted on an ordinance for $100,000 for a contract for Mr. Carter. The comment was made to him at that time that nobody really cares about this and I have been very excited to see So many people come out who have cared and who have commented and been concerned over the contract. Unfortunately, over the last few days, there have been a lot of potshots taken. I've had people phone me and tell me that I'm the object of them on the radio and in the newspaper and that I should pay attention to it and I should respond. I'm not going to respond. I am proud of what has happened here. I see a lot of consensus forming and I think that's exciting. The city council, the mayor, the city manager, the Airport Commission, has been listening and. they see the point that of, that we've been making that this is a very big project. That the possibilities of having air cargo jet airport has been mentioned in that contract, in newspaper articles, so it was something that we were very valid to address. I, I think that ah feasibility study or looking at the future of the Kenai Airport is something that is necessary, of course. But before anything that would be drastic to our community shoUld happen, such as a air cargo jet airport, there needs to be pause, where a community impact study would be done, I think we're probably quibbling as to exactly where that should be done, but most people seem to feel that that should be done before any signfficant progress on the project happened. You may wonder what's fueling things like a community impact study for some of the group that has been looking at that. I have a list of some studies that have been done by other groups across the country. This is a nice summary of that. It's foomoted as to where the research is. It's something that the Airport Commission could very easily do, ask to get some of these studies. It does reflect some things as increases in cancer rates, heart disease and respiratory illnesses near airports. It gives facts and figures already done. Studies already done on how much air pollutiOn results from the take- off from one 747. It, it already has studies that have been done on noise pollution, safety, water pollution, etc. so the cash outlay for something like this is really not that big. We don't have to go out and do that research. It's been done. And that's what I'm asking the city to do before moving into any full-scale ahead, moving ahead with the project like this. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 24 I'm also concerned. I, I hope the motivation behind this project isn't just that there's federal dollars out there. Just because there's federal dollars out there doesn't mean that we have to use it to do something to our community that would have an impact that would impact us forever and destroy the character of the community that we have. It's a beautiful community. We have wonderful schools. We have wonderful bonds within the neighborhoods. We're surrounded by a beautifUl area. That itself is a draw for people to come here. I'm hearing, IYe been listening a lot to people lately. I've been really trying hard to listen and I, I see a lot of areas where there is common ground. So it makes me sad when it degenerates into a sort of a name-calling situation. We're spouting at each other instead of having dialog. Spouting instead of listening to each other and I hope we can come together for some forums in that sort of a setting where we can listen to each other. I'm hearing that people feel that the Kenai Peninsula is a nice place to live. Nice communities, nice schools, neighborhoods and a beautiful area and before we would move ahead on a project like this, people want to know what the impact would be and they want to know where it would be. We don't know where this airport would be and that's critical. I'm also hearing that from other people, that although the economy is healthy now, some people are worried that it won't be in the future. This is a very valid concern. We're all concerned with this. We would like to have the opportunity for our children and our grandchildren to live here and work here and have jobs. They may not want to, but it would be nice that they have that opportunity. So the question is how to preserve the beauty of this place, the community we have here. I think we've built a very close to ideal community in Kenai. It's a very nice place to live and I would just like to keep it that way so that our children will want to live here. Thank you. Williams: Thank you. Any questions from council? Thank you very much for your comments. All right, do we have any others that would like to address the issue. If not, we~l move along. All right, Councilman Measles, would you care to put a motion on the floor with regard to, excuse me, Councilman Bookey. Bookey: I'd like to make a couple comments before we go into a motion and that is in response to Mr. Carter and eliminating the Fairbanks aspects of the capabilities of the present plans of the Anchorage and Fairbanks Airports. I'd like to see us leave Fairbanks in there. I think Fairbanks is a key player in this thing and I'd like to know what their plans are, what their immediate programs are going to be and I don't know that I could make a decision without having that in there because they're both state- owned airports which are going to be a critical part to any type of funding that we're going to do here in the future with the state or the federal. So, I would like to see that stay that as is. Thank you. Williams: I suppose we could debate that particular question for a while. Mr. City Manager, you looked like you were about ready to make a content, a comment of some sort. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 25 Ross' I, I agree with Councilman Bookey. I believe it should stay in. Not only are you looking at a situation long-term where you may be in competition, but you're in competition with the State of Alaska and you need to know exactly where they're headed. They have a deep pocket. You need to know where they're headed. Also, if the report leaves out Fairbanks, I'm not sure you're going to get a balanced information to determine what Kenai's niches is in development. Carriers are much like professional teams. They move wherever the, the deal is the best and, and I think it's very important to have, know what the two major state airports could be in competition with you are doing, how they are planning for the future, and what niches are available for you. Williams' Any further comments from the council? The whole issue that's just surfacing about our competitiveness with other groups. We are one of the very few municipally owned airports in the entire state. Our airport is often held up as a measure of success to other communities throughout the United States as a community that learned how to run an airport and how to run an airport successfully. Virtually every other major airport in the State of Alaska is run by the State. In commenting on Fairbanks' airport, Fairbanks' airport cannot struggle and survive on the income that it receives from the traffic that they get. They, in fact get, I think about one-third of their budget is offset by additional revenues from the Anchorage facility there. I, I don't know whether including air, Fairbanks in it is a worthwhile situation except from the standpoint that they are a state airport. It brings up another question as to whether or not the state would even participate in some of the funding. We have kind of a 93/7 split with the federal government and of that seven percent, I believe, three and one-half percent is supposed to come from the state and three and one-half percent from the local match and I can't remember the last time that the state ever gave us their three and on-half percent. I think we did get a chunk on ARFF. But the ARFF money was kind of a separate thing and I think it came down the political channel. I remember when the Department of Transportation said to me that we're going to give you this money and I said, no I don't want your money because I already promised the Governor I wouldn't spend it and the administration said, wait a minute, wait a minute, this is a chunk of dough we're talking about and they're willing to give it to us. But it isn't often that we get the State to pony-up their share of it. Yeah? Ross: Mr. Mayor, there's also one other factor. When, when you go forward, let's say this project goes to the point that we're going after federal funding, we're going to need a recommendation from the Aviation Division of the Department of Transportation of the State. We're going to need State support for the project. If we don't know what they have planned for Fairbanks, we're going in to argue with them without knowing the cards that are being held. And, I just think that we need to leave Fairbanks in it. Williams: I believe that down the road in the not-too-distant future there's going to be enough traffic for all of us to take care of anyway. When we were in Fairbanks at the meeting, several of us attended a conferences dealing with world traffic, world trade, KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 26 the intemet system, world commerce. As we're all well-aware, any person anywhere in the world can buy virtually anything in the world and have it shipped right to where ever you want it shipped and there's only one way to get most of that cargo there and that's by jumbo jets and that's why there's such a proliferation of air cargo usage and the numbers of facilities that are being utilized for them. Unless the world were to go into a dramatic recession and even then, just a matter of time to where the thing would be back up and running, so we're facing events in the coming century unlike any we Ye ever dealt with, unlike any we can imagine and we might as well become a part of it is my theory. So, all right, Councilman Measles, did you have a motion for us? Measles: I would move that the council direct administration to proceed with an RFP for a professional services contract using the first four or the first three items of the ScoPe of Services on the previous contract as a basis. Swarner: Second. Williams' Okay. A motion's on the floor. It's been seconded to develop a basis of a contract utilizing the fkst three areas and I believe the city manager had indicated the fourth one would be part of the unit. All right, is there further discussion with regard to the contract? All right, seeing no further discussion, Clerk will call the roll. Clerk: Moore? Moore: Yes. Clerk: Measles? Measles' Yes. Clerk: Williams? Williams: Yes. Clerk: Bookey? Bookey' Yes Clerk: Swarner? Swamer: Yes. Will/ams' All right. Thank you. ) END OF VERBATIM. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 27 BREAK TAKEN: 9:21 P.M. BACK TO ORDER: 9:36 P.M. Discussion- Public Opinion Survey- Final Draft. Ross explained the document in the packet was a draft based on the comments received. He noted, there are two errors in the draft which had been noted and would be corrected (Question 33 and Question 35 where they referred back to another question). During reformatting the wrong numbers were picked up. Swarner referred to Question 47 regarding senior citizen services and suggested the question would be better placed after Question 33 because those questions were both related to senior services (Question 47 would become Question 34). Ross stated he had no objection to making that change, but explained questionnaire questions were often broken out as a means for validation and he wasn't aware of who designed the original questionnaire which was used as a basis for the draft before council. Swarner noted Question 48 talked about rating senior services and Question 46 talked about funding in new taxes and didn't believe the two questions belonged together. Ross stated he would make that change. Ross also reported Division of Elections Was contacted by. the Clerk and stated they would be able to forward a list of registered voters in the city who voted in the last four elections. He added, he hoped that erased the concerns of not having an updated voter registration list. Williams noted, the list could still have errors, but that was not anything that could be changed until after the census was completed, etc. Measles stated he believed there is some merit to breaking out some of the questions and lumping them altogether. There were no objections to the draft stated. Williams stated he received some comments from several people regarding voter interest and including a question on the questionnaire asking whether the person had voted in one of the previous four elections or whether the person votes on a regular basis in the city. Williams stated he believed it would give a better idea of the percentage of population that votes compared to those who are registered. Williams noted, he believed a lot of the information garnered from the survey would be rhetorical after the census. Swarner stated she agreed that would be a valid question because then it would be known if the person didn't bother to vote if they bothered to vote. Council agreed to add the question regarding voter activity. Ross stated, instead of bringing the document back in another draft, he would move Question 47 and add a question about regular voting in municipal elections. Ross noted, the list used for those to be surveyed would be a list of people who voted in the last four years (city, state and federal elections). KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 28 Jill Lipka- Lipka asked if she did not receive a survey by mail, could she pick one up at City Hall to fall out. Ross answered, to keep the process from being skewed by an interest group, etc. the survey should only be sent out. He suggested after the questions are out and responded to, questionnaires could be made available to others. Council consensus was to move ahead with the questionnaire administratively. ITEM H: NEW BUSINESS H-Xo Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles MOVED to pay the bills and Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Councilman Bookey MOVED to approve the purchase orders exceeding $2,500 and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. H-3o Ordinance No. 1804-98- Appropriating $17,056 in the General Fund for Legislative Department Salaries. Introduced by consent agenda. H-4. Ordinance No. 1805-98- Appropriating $145,650 in the '98 Water System Improvements Capital Project Fund. Introduced by consent agenda. Ordinance No. 1806-98- Appropriating $900,000 in the Well House No. 4 Capital Project Fund. Introduced by consent agenda. Approval- Proposed Settlement of MarkAir Express Bankruptcy Claim. Williams stated the City Attorney suggested, if council desires, an executive session could be entered into further discuss this matter and Item H-7. KENAI cITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 29 Bookey asked if the attorney and city manager felt the settlement proposals were the best the City of Kenai could get. Attorney Graves answered yes. He added, he believed this was a very favorable settlement offer received from the trustee. Bookey asked if he felt the same for both settlements. Graves answered, the settlement offer from the trustee, yes, and the Bradford claim, there was nothing more the city could get. He explained, there were eight lots which were divided up to avoid bankruptcy and Bankruptcy Attorney Haggart and he felt these would be the most the city could get. Bookey stated he saw no reason to hold an executive session. MOTION: Councilman Measles MOVED for approval of the settlement offer on the MarkAir Express bankruptcy claim. Councilman Bookey $~ONDED the motion. VOTE: There were no objections. SO ORDERED. H-7o Approval- Proposed Settlement of Claim Against George Bradford. Graves explained, Bradford was one of the Inlet Woods defendants who had very little in the way of non-exempt property. This was all Attorney Haggart was able to identify. Graves added, he and Haggart both felt there was no more property to get and the only other alternative would be for Bradford to file bankruptcy which would not be favorable. He added, they believed this was the best that could be done with this defendant. MOTION: Councilman Measles MOVED to approve the settlement agreement as presented between the City of Kenai and George Bradford. Councilman Bookey SECONDED the motion and requested UNANIMOUS CONSENT. Councilman Moore noted, after reviewing the agreement, it appeared it was all but done with exception of the city's signing it. Graves explained, the city required Bradford to sign it before submittal to council because previously in the litigation a settlement agreement was approved and the other party refused to sign it (not by Bradford). However, to avoid the same situation, Graves explained, he told Haggart the city wanted a signature prior to submitting the agreement to council. Moore asked the difference between this settlement and the MarkAir settlement. Graves explained, he had in his office a letter from the attorney of the Bankruptcy Trustee which made the settlement offer. If the Trustee backed out of the offer, he could submit the letter to the bankruptcy judge and have the offer enforced. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 30 VOTE: There were no objections. SO ORDERED. ITEM I: ADMINISTRATIVE REPORTS I-1. Mayor a. Proposed Birch Island Wayside Park-- Williams reported he was pleased to advise that the Proposed Birch Island Wayside Park project had some success. He added, he visited with the Kenaitze Indian Tribal Council and they were very pleased and want to become part of the process. The project would accelerate in value to approximately $2.4 million. Williams continued, during the AML Conference there was a lot of discussion regarding tribal/city government interfacing. In the future there will be needed more and more discussion and consensus between tribal governments and city governments. Williams stated, he believed the Tribe, Kenai Natives Association, and Salamatof Native Association would become more and more involved in the economic health of the community in the future due to their growth, investment of money, etc. Williams suggested the city begin more open dialog with Native groups in the area through periodic breakfast meetings to discuss mutual concerns, interaction with the city, etc. He added, the fa'st meeting should be limited to council, two or three representatives from each Native group, and the city manager. From there, plans could be made to continue with additional meetings in two to three months. Williams noted, the meetings would be advertised and requested Clerk Freas to correspond with the three groups and invite them to brealdast on January 31 at 7:00 a.m. at Mr. D's Restaurant. He requested the City Clerk and City Attorney also attend the meeting. There were no objections from council. 1-2. City Manager a. MAPS Gift -- Ross reported he received (during the meeting) from the MAPS area representatives a T-shirt making him an honorary official MAPS member. He noted, during the Economic Forum the city held three years prior, some of the discussion was about the city being user friendly. Ross stated, he believed, through this gift, the MAPS group must have found the city administration to be user friendly and the information they had requested was forwarded to them in a friendly manner from Marilyn Kebschull, Sheryl Padilla, Kim Howard, Jan Taylor and Carol Freas. Ross added, he would accept the T-shirt for all of them. b. Proposed Borough Animal Control Ordinance - Ross reported he received a copy of the new proposed Borough animal control ordinance and upon KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 31 review of the ordinance by city administration, a copy would be forwarded to council for their information and consideration. At that time, an analysis from city administration will be attached to the proposed ordinance. c. City Video/CD- Ross reported he spoke at length with Paul Gray who told him it would not be difficult to go from a video to a CD. Once the video is produced, it could be processed onto a CD. When the city is read to go forward with the RFP, it could specify the amount of videos and CD's desired. d. Multi-Purpose Facility- Ross reported a proposed contract for the facility would be submitted to council at their next meeting. They were hoping to get a proposal from the Challenger group as well on how they will be using the property as there may be a savings in engineering of the parking lots and utilities. e. Golf Course Lots- Ross reported there were seven lots sold and one sale pending. There were five remaining lots which were not bid on during the bid process. Also, two of the lots were sold by negotiated sale after the bid process was complete, negotiating on the minimum. Ross noted, one of the bidders asked if he withdrew his offer and forfeited his deposit could he make a negotiated sale. Ross explained, although there was nothing in the Code or the bid specifications that would preclude this from being done, he did not feel it would be fair to those who submitted bids and the rest of the public as they assumed after the bidding process was completed, the bids were closed. So, Ross added, if anyone wished to withdraw a bid, he intended to allow those properties to be available for 30 days and who submits the highest bid on the property would have it. He believed this would be fair to the rest of the public. Ross added, there continues to be interest and expected the majority of the lots would be sold by spring. Williams asked when the main block of property would be marketed as a tract. Ross answered, until the well, mains, and utilities were installed to the properties he would not want to market the properties. He added, upon the installations of those items, the value of the land would be raised. Ross continued, it would be up to council to determine how the property would marketed, however administration had discussed the issue whether to leave it zoned Recreational and marketed as a block, etc. Unless there is some immediacy, he believed it would be best to wait until the water, mains and utilities were installed. Williams suggested the property be marketed as a block and the water, mains and utilities could be installed by the developer which would offset the costs to the city. He added, if the city waits and puts in the utilities itself, grant monies and city funds will be involved. The question would be whether that would enhance the value of the block sufficiently to offset some of the city's matching grant funds required. Williams noted, his preference would be to block the whole tract and allow a developer develop the properties. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE ~2 Bookey agreed and thought council's intentions had been that all along and would have no problem in doing what Williams suggested. Bookey suggested that in the future, when going to bid, and there's a high number and no one has a lower bid and the buyer wants to renegotiate a lower price, the city should stand firm with the bid made and the bidder would accept the bid made or be excluded from purchase of the property, unless a new sale is advertised. Williams asked Graves if that could be done and Graves stated he would investigate it for future bid documents. Bookey added, he didn't believe renegotiating the price when there are no other bidders is a fair situation for the public. Ross stated he had no objections to doing what he asked for future bids, if it is allowable and the bid documents include that information in them. He added, the present proposal was an attempt to make for equity. Measles agreed that when a bid is submitted on a piece of property, he believed it was an agreement by the purchaser to pay that price for the piece of property. Ross agreed with Measles, however he noted the bid documents stated the bid could be forfeited and if that was done, the $500 was also forfeited. The documents did not address anything beyond that. He added, the Code states once the property is offered for public sale, it is subject to negotiation. Ross noted, there was a hole in the procedure and administration is attempting to handle it with equity and fairness. Measles suggested, in future bids, allow the high bid determine the minimum bid. Ross noted, that could have worked if the two blocks were bid evenly, however Block 2 was not bid at the same level as Block 1. He added, that is a matter subject to negotiation. I-3. City Attorney- Attorney Graves referred to his memorandum included in the packet which explained he contacted APOC in regard to the council's question of whether someone submitting their name to be considered for appointment for Councilman Smalley's position would need to submit a Conflict of Interest Form prior to consideration. APOC told him the person would be required to submit the completed form within 30 days after taldng the oath of office. 1-4. City Clerk a. Annual Employee Appreciation Dinner- Clerk Freas referred to her memorandum included in the packet in which she requested council to set a date for the annual dinner. Council requested January 23 be set as the date for the dinner. Clerk Freas was asked to change the date of the breakfast with the Native groups to January 25. b. Council Seat Vacancy Advertisement- Freas referred to her memorandum and draft advertisement included in the packet. Council had no changes to the advertisement and requested the advertisement begin on December 1 and the deadline for accepting letters of interest and resumes be set as December 28. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 33 c. Youth Court Donation Request- Freas referred to the letter of request from the Kenai Peninsula Youth Court, Inc. which was included in the packet. She noted council had included $5,000 in their Legislative Budget for this purpose. MOTION: Councilman Measles MOVED for issuance of a check in the amount of $5,000 as budgeted in the Legislative Budget. Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. d. Planning/h Zoning Commission Training- Freas referred to her memorandum included in the packet regarding training for the Planning & Zoning Commission. She noted, she had been speaking with a private consultant as well as a representative from the Community and Regional Affairs office. Price information would be coming in December. The memorandum included topics for discussion and suggested two days of training: the first, a Friday evening for basic review and Saturday, more in-depth discussion. Freas also noted, in the past when the City of Soldotna and the Borough had offered similar training, they invited members of the other Peninsula cities to the training session. Bookey stated he would want the training to be held after the necessary appointments are made to the Planning &, Zoning Commission. He added, he had no objections to inviting the other groups to the training, but felt the main benefit should be to the City of Kenai's Planning & Zoning Commission. Swarner suggested a future training session be held on parliamentary procedure. Finance Director- No report. 1-6. Public Works a. Public Works Manager Kornelis- Komelis reported there were three STIP projects he had been working with DOT on which received enough priority points to make the first cut. They were the Birch Island Wayside Park (DNR project}, boat launch road and parking, and Overland new sidewalk and town clock project. The projects will now be reviewed in Juneau and given points. Williams requested Komelis to investigate whether it would be advantageous to send representatives to Juneau during the scoring procedure. Williams added, Komelis had reported to him the city had received as many points as possible for community support for the three projects. Williams noted, these projects were listed on the proposed project list for 2000 and 2002. b. Public Works Manager La Shot- La Shot reminded council during the next two Weeks the painting and carpeting installation would be taking place at City Hall. He noted, thing will be disrupted a bit, but the offices would remain open for business. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE 34 La Shot also reported the Challenger group had reached the 30% design level with the project. Airport Manager- No report. ITEM J: DISCUSSION J-Xo Citizens- None. J-2. Council Bookey- No comments. Swarner- Noted the AML Touchstone had an article included in it called Council Link which may be of interest. Swarner noted she had flown back from Anchorage that afternoon and spoke with a person who was not happy with customer service with ERA. She reported, she told him the council was looking at customer service and trying to do something that everyone is treated fairly when there is no competition. Swamer noted the restaurant at the airport was not open when she was there on the morning she was leaving for the AML Conference. She added, a sign on the door stated the restaurant was no longer open on the weekends. She suggested when the lease expires, administration and council need to come up with a visionary concept for the restaurant as what is transpiring now was not working. Swarner noted the walkway from the plane to the airport entrance was icy. She also asked if there was something that could be done regarding the float plane basin. Bookey noted, when they were walking to the plane leaving for the AML Conference, he noticed oil dripping from the plane engine onto the taxiway. No pad was placed to absorb the oil by the airline workers. He suggested the matter be discussed with the airline as there is concern of it becoming more of an environmental impact over a year's time. Moore- No comments. Measles- No comments. Williams- No comments. EXECUTIVE SESSION- Possible executive session to discuss proposed settlements in Bradford and MarkAir {Items H-6 and H-7 above). No executive session was held. KENAI CITY COUNCIL MEETING MINUTES NOVEMBER 18, 1998 PAGE ~5 ITEM K: ADJOURNMENT The meeting adjourned at approximately 10'35 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk ITEM A: . AGENDA KENAI CITY COUNCIL- REGULAR MEET~G December 2, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: //www.ci.kenai.ak.us / CALL TO ORDER _ Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. 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 COMM~-NTS (10 minutes) ITEM C: , , , , , PUBLIC HEARINGS Ordinance No. 1803-98 - Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle." Ordinance No. 1804-98 - Appropriating $17,056 in the General Fund for Legislative Department Salaries. Ordinance No. 1805-98--Appropriating $145,650 in the '98 Water System Improvements Capital Project Fund. Ordinance No. 1806-98---Appropriating $900,000 in the Well House No. 4 Capital Project Fund. Resolution No. 98-83--Transferring $4,000 in the Airport Land System Special Revenue Fund and the Airport Terminal Enterprise Fund. Page 1 of 3 e Resolution Bio. 98-84--Declarin§ the Seagraves Class A 1250 gpm Pumper Engine Surplus and Donating it to the Kenai Peninsula Fire Chiefs Association. . Resolution No. 98-85--Declaring the Advanced Life Support Equipment (Physio-Control LifePak 5) Surplus and Donating it to the Community of Hope-Sunrise. . Resolution No. 98-87--Transferring $21,000 in the Kenai ARFF Capital Project Fund for the Payment of Interest on Retainage. 9. '1999-2000 Liquor License Renewals - K-Mart #3623 - Package Store b. Eadie's Frontier Liquor- Package Store 10.*Liquor License Transfer - Casino Bar. ITEM D: COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Kenai Visitors & Convention Bureau Board d. Alaska Municipal League Report ITEM E: MINUTES ITEM F: CORRESPONDENCE Page 2 of 3 ITEM G: OLD BUSINESs ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified. . . Purchase Orders Exceeding $2,500. *Ordinance No. 1807-98 -- Appropriating $60,000 for the Design of a Multi-Purpose Facility. ITEM I: ADMINISTRATION REPORT~ 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 EXECUT~ SESSION- None scheduled. ITEM K: ,ADJOURNMENT Page 3 of 3 KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 2, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS VICE-MAYOR RAY MEASLES, PRF~IDING ITEM A: CALL TO ORDER ,, Vice-Mayor Measles called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Vice-Mayor Measles led those assembled in the Pledge of Allegiance. A-2. ROLL CALL The Acting City Clerk took roll. Smalley and Bookey. Present were: Swamer, Moore, Measles, Bannock, A-3. AGENDA APPROVAL MOTION: Councilman Smalley MOVED for approval of the SECONDED the motion. There were no objections. agenda; Councilwoman SO ORDERED. A-4. CONSENT AGENDA MOTION: Councilman Smalley MOVED for approval of the consent agenda; Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B' SCHEDULED PUBLIC COMMENT None. ITEM C: PUBLIC HEARINGS ,,, C-1. Ordinance No. 1803-98- Amending the Zoning Code at KMC 12.25.030 to More Clearly Define "Junk Vehicle." MOTION: Councilman Smalley MOVED to amend Ordinance No. 1803-98 as presented. Councilwoman Swarner SF~ONDED the motion. No public comment. No discussion. $O ORDERED. Kenai City Council Meeting Minutes December 2, 1998 Page 2 of 10 MOTION: Councilman Smalley MOVED for adoption of Ordinance No. 1803-98 as amended. Councilwoman Swarner SECONDED the motion. No public comment. No discussion. VOTE: Measles: Yes Bannock: Yes Smalley: Yes Bookey: Yes Swamer: Yes Moore: Yes Williams: Absent MOTION PASSED UNANIMOUSLY. C-2. Ordinance No. 1804-98 - Appropriating $17,056 in the General Fund for Legislative Department Salaries. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1804-98. Bookey SECONDED the motion. No public comment. No discussion. Councilman VOTE: Measles' Yes Bannock: 'No Smalley: Yes Bookey: Yes Swarner: Yes Moore: Yes Williams. Absent MOTION PASSED. C-3. Ordinance No. 1805-98 --Appropriating $145,650 in the '98 Water System Improvements Capital Project Fund. MOTION: Councilman Bookey MOVED for adoption of Ordinance No. 1805-98. Swarner SECONDED the motion. No public comment. No discussion. Councilwoman VOTE: Measles: Yes Bannock: Yes Smalley: Yes Bookey: Yes Swarner: Yes Moore: Yes Williams: Absent MOTION PASSED UNANIMOUSLY. Kenai City Council Meeting Minutes December 2, 1998 Page 3 of 10 C-4. Ordinance No. 1806-98--Appropriating $900,000 in the Well House No. 4 Capital Project Fund. MOTION: Councilman Smailey MOVED for adoption of Ordinance No. 1806-98. Swamer SECONDED the motion. No public comment. No discussion. Councilwoman VOTE: Measles: Yes Bookey: Yes Williams: Absent Bannock: Yes Smalley: Yes Swarner: Yes Moore: Yes MOTION PASSED UNANIMOUSLY. Resolution No. 98-83--Transferring $4,000 in the Airport Land System Special Revenue Fund and the Airport TermmE Enterprise Fund. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-83. SECONDED the motion. No public comment. Councilman Bookey Councilman Bannock asked the City Attorney how much had been requested. Attorney Graves answered $14,000 plus costs and attorney fees, which he said would be upwards of $16,000 to $17,000. Graves stated the settlement is for about $.25 on the dollar. No objection to UNANIMOUS CONSENT. MOTION PASSED. C-6. Resolution No. 98-84--Declaring the Seagraves Class A 1250 gpm Pumper Engine Surplus and Donating it to the Kenai Peninsula Fire Chiefs Association. MOTION: Councilman SMALLEY MOVED for adoption of Resolution No. 98-84. Swarner SECONDED the motion. No public comment. Councilwoman Councilman Bookey asked administration if they had asked any of other Borough communities if they could use this vehicle. City Manager Ross asked Chief Elson if other agencies or municipalities around the state were notified about this vehicle. Elson answered it was not because he didn't feel it was in a condition that warranted more of that kind of use. He said he considered the vehicle unsafe out on the highways. Bookey stated he thought this vehicle was surplused because of maintenance and not because of safety. Elson said that is a "dual issue." Bookey said this vehicle was used as a "first Kenai City Council Meeting Minutes December 2, 1998 Page 4 of 10 resPonder' by the City of Kenai on a daily basis, and he said he could see the unit being sent to a place like Hope and be used once a month or less often to possibly save someone's life. He stated he would like to see an effort made to do that before giving the vehicle to the Fire Chiefs Association. Bookey said he probably won't have a problem voting for this resolution after that effort has been made. City Manager Ross said to Elson that this vehicle had been a first responder for the City of Kenai, and the safety issue was more one of reliability than of safety of operation. Elson said that is true, but he said there were problems also with the air system and the electrical system that had been failing over the years. Ross asked Elson if it would be possible to let other communities know that the vehicle might be available and that it has some mechanical problems. Elson said yes, that can be done. He said the mechanical problems have to be weighed against the possible uses someone might get out of it. He stated that vehicles that have previously been surplused out end up being "moth balled" somewhere outside. He said he thought better value could be gotten from the vehicle by letting the Fire Chiefs Association use it for training. He also said that no one at the last Peninsula Chiefs meeting said anything about needing the vehicle in their communities. Bookey said he would still like to see this motion tabled and see Administration make an attempt at finding a community that can use the vehicle. He said the City of Kenai used this vehicle as a first responder up until 30 days ago so there's "got to be a life-saving situation" in some other small community and that that would be more beneficial than using the vehicle for training. MOTION: Councilman Bookey MO~D to table Resolution 98-84 for 90 days. S~ONDED the motion. By a show of hands, the vote was 4 to 2. Councilman Moore MOTION PASSED. Councilman Moore said he wanted to share Elson's concern that the vehicle not be sent somewhere and not be used at all. Councilwoman Swamer agreed and asked how the vehicle was purchased in 1971. No one knew. C-7. Resolution No. 98-85--Declaring the Advanced Life Support Equipment {Physio-Control LifePak 5) Surplus and Donating it to the Community of Hope-Sunrise. MOTION: Councilman Bookey MOVED for approval of Resolution No. 98-85. Swarner SF~ONDED the motion. No public comment. No discussion. UNANIMOUS CONSENT. Councilwoman No objection to Kenai City Council Meeting Minutes December 2, 1998 Page 5 of 10 MOTION PASSED. C-8. Resolution No. 98-87--Transferring $21,000 in the Kenai ARFF Capital Project Fund for the Payment of Interest on Retainage. MOTION: Councilman Moore MOVED for approval of Resolution No. 98-87. Councilman Smalley SECONDED the motion. No public comment. No discussion. No objection toUNAKIMOUS CONSENT. MOTION PASSED. 1999-2000 Liquor License Renewals - a. K-Mart #3623 - Package Store b. Eadie's Frontier Liquor- Package Store Approved by Consent Agenda. C-10. Liquor License Transfer- Casino Bar. Approved by Consent Agenda. ITEM D- COMMISSION/COMMITTEE REPORTS D-Xo Council on Aging No report. Airport Commission Councilman Measles reported the minutes from the last meeting are in the packet. next meeting is on December 10, 1998. The D-3. Harbor Commission Councilman Bookey reported the next meeting is on Monday, December 7, 1998. D-4. Library Commission Councilman Moore reported the Library Commission met last evening. There was a report from the Director on the status of the renovations taking place in the Library. He said the carpet looks "great" and things are going back into place. He said they also had a report from the Library Improvement Committee. The Library Commission's new student representative, Linda Ha.ring, was present and participated in the meeting. The Library Kenai City Council Meeting Minutes December 2, 1998 Page ~ of 10 Commission approved a "patron survey" they would like to do to address the services the library offers and how the public perceives them. He announced that the Library's annual open house will be held on Sunday, December 13 from 12:00 noon to 4'00 p.m. 9-5. Parks ~k Recreation Commission Councilman Bannock reported next meeting is tomorrow night. 9-6. Planning ~k Zoning Commission Councilman Smalley reported he did not attend the last meeting because he was out of state. City Manager Ross stated P&Z would not have a quorum for the next meeting on December 9. He asked if Council wanted to advertise the meeting as canceled. Councilman Measles asked Council if anyone had a problem with advertising the meeting as canceled. No comment. 9-7. Miscellaneous Commissions and Committees a, Beautification Committee - Councilwoman Swamer had no report but stated that a new member is needed because the Chairperson is resigning. She also warned Council they will be looking at an increased budget item because the Chairperson has donated a lot of her time. b, Co d, Swamer also asked Bob Frates why so many of the Christmas lights are out. He stated that the wiring on the lights is old and is deteriorating. He said they will need to be re-wired next year. Also, he said there are bad transformers that will be repaired in the next couple of days. Historic District Board- Councilman Moore said the minutes are in the packet, and the next meeting is scheduled for the third Monday in January. Kenai Visitors and Convention Bureau Board- Councilman Bookey said that he did not attend the November 10 meeting because he was at AML. Alaska Municipal League- No report. ITEM E: MINUTES None. ITEM F: CORRESPONDENCE None. ITEM G: OLD BUSINESS Kenai City Counc/1 Meeting Minutes December 2, 1998 Page 7 of 10 None. ITEM H: NEW BUSINESS , ,, H-lo Bills to be Paid, Bills to be Ratified MOTION: Councilman Smalley MOVED to pay the bills and Councilman BookeySECONDED the motion. There were no objections. SO ORDERED. Purchase Orders Exceeding $2,500 MOTION: Councilman Smalley MOVED to approve the purchase orders over $2,500 and Councilman Bookey SECONDED the motion. Councilman Moore asked if we were replacing a licit that we just installed. Komelis said that a light is being replaced on Mission that was just put up. A vehicle hit it and knocked it over. He said the person who hit the pole did report it, and their insurance company may pay for part of it. Kornelis also said he ordered an extra pole on this purchase order. There were no objections to the motion. SO ORDERED. i-3. Ordinance No. 1669-95 - Amending KMC 8.05.010 to Adopt the Latest Editions of the National Fire Codes and the Uniform Fire Code. Approved by consent agenda. ITEM I: ADMINISTRATION REPORTS I-1. Mayor No report. I-2. City Manager No report. I-3. Attorney No report. I-4. City Clerk Kenai City Council Meetin~ Minutes December 2, 1998 Page 8 of 10 No report. I-5. Finance Director No report. I-6. Public Works Director No report. I-7. Airport Manager Atha reported on the recent "listening session" held by ERA for the public. He said a couple dozen people attended, including five from Homer. Atha said the article in the Clarion explained what happened but he said they left out something. Atha stated that after deregulation the airline industry ~really is in a free enterprise environment." He said the airlines can set rates and charges, and they can add and delete market places as well as individual flights at their choosing. Atha said, "This is a glaring example of why competition is so important." Atha pointed out that there are limited resources here for airlh~es. But, he said, they are in the business of making money. He stated that he believes the City needs to remain sensitive to that. He said he thinks they are a really good airline, and they listened to people at the meeting and responded to them. They just aren't going to give their services away, he said, because they have to make money at their Kenai location. Atha said he feels the City needs to maintain a good relationship with ERA and keep communications open. ITEM J: DISCUSSION J-1. Citizens Bob Peters of Kenai spoke. He stated that his concern is for the youth of Kenai. He said he was pleased at the interaction of the high school students attending the last Council meeting during Student Government Day. Until recently, Peters said, he was under the impression that all of the City Commissions had a student representative. But he has learned that only two of them do and that only one of those Commission allows the student to vote. Peters stated he had talked with the City Attorney, and was told the City Code doesn't address this issue. Peters said he believes it's important to involve the students in the City and that they should be allowed to vote. He asked what Council's feelings were on the subject. Kenai City Council Meeting Minutes December 2, 1998 Page 9 of 10 Moore asked if the students' ages woUld matter--do they have to be 18 to vote on the Commissions? Attorney Graves said the only requirement in the code is that they be residents of the City of Kenai; there is no age requirement in the code nor in Title 29. Bookey asked why one commission allows voting and another doesn't. Measles said the one that allows it is the Parks & Rec Commission, and that started because the issues are often youth related. Swarner stated we should be consistent with the voting on the commissions--either all or none. Measles said voting would be a problem on the P&Z Commission. Graves agreed, stating that P&Z has actual "statutory authority." Swarner said if the student representative can't vote on the P&Z Commission then none of the student representatives should be allowed to vote. Peters stated that maybe the Mayor could just not appoint a student member to the P&Z Commission. He also said that, whether the students vote or not, the Council always has the final say. He said he feels that if we invite them to participate in the Commissions then we ought to also let them vote. Swamer stated the School Board's student representative does not vote--just an advisory vote. Peters stated that is correct, but Council doesn't have to do things the way the school board does. He said he thinks not voting may make the students feel "second class." Smalley said he thinks the City should be consistent with the two student members now on commissions and allow them to vote. He suggested the other commissions should give Council feedback about whether they want a student representative. Measles agreed. He said a decision could not be made tonight. Peters stated that his understanding is that any citizen of any age is welcome to fill out an application to be on a commission. He said the mayor has the authority to nominate anyone. "So it is possible," he said, "that a student who was interested in government and interested in serving their community could fill out an application, turn it in to the City Clerk, and the Mayor would consider him---no matter what their age." If that student was chosen, he asked, wouldn't that student be a "commissioner" not a "student commissioner?" Measles answered that is correct. However, he said, the Council always looks for the best, most qualified individual to be found; and normally students don't have the experience or qualifications the Council is looking for. J-2. Council Bookey- Stated the new carpet looks very nice. Swarner- Said she also likes the carpet. Kenai City Council Meeting Minutes December 2, 1998 Page 10 of 10 Moore--He said he wanted to comment on a recent newspaper article about citizens being asked by the City to remove stakes set out near curbs because they might be hit by the snowplows. Moore stated that in his neighborhood people set the stakes out as a measure to keep the snowplows from digging up their lawns because last year the torn up lawns were not re-seeded by the City. Moore asked Airport Manager Atha what reasons another air carrier gave for not coming into the Kenai Airport. Atha answered that they were going to lease aircraft but the lease did not go through so they didn't have the aircraft to begin service. Moore also asked Atha what he meant by Kenai not having another "hub." Atha said Anchorage is our hub from which we can get to any other place in the world. Some communities have other hubs, but we do not. Measles - No report. Bannock- He asked Atha if anything further had happened with the Payless Car Rental issue and the Kena/Airport issue. Atha said he has talked to them several times and told them we need a written request. They are apparently just busy right now but are planning to get it in. said. Smalley- The carpet in City Hall looks great, as does the carpet in the Library, he ITEM K: ADJOURNMENT The meeting adjourned at approximately 7'42 p.m. Minutes transcribed and submitted by' Sheryl A. Padilla, Acting City Clerk 0 z :::3 0 Z ~ a ~ crj uJ z 0 0 0 0 . 0 0 0 ~ 0 Suggested by: Administratio_ City of Kenai ORDINANCE NO. 1808-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $60,000 IN THE CROW COURT CAPITAL PROJECT FUND. WHEREAS, Resolution 98-79 directed the administration to continue with the Crow Court Special Assessment District project for the purpose of paving Crow Court; and WHEREAS, funding for the project will be 70% State grant, 25% assessed to benefited property owners and 5% General Fund; and WHEREAS, initial funding of the benefited property owners' share will be from the General Fund fund balance; and WHEREAS, property owners will repay the General Fund over time with interest. 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 $18,000 Increase Appropriations: Transfer to Capital Project Fund $18.000 · Crow Court Capital Pr0iect Fund Increase Estimated Revenues: State Grant Transfer from General Fund Increase Appropriations: Administration Engineering and Inspection Construction $42,000 18,000 $60.000 · $ 3,000 8,000 49,000 $60.000 Ordinance No. 1808-98 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of January, 1999. ATTEST: JOHN J. WILLIAMS, MAYOR. Carol L. Freas, City Clerk Approved by Finance' (12/10/98) kl Introduced: Adopted: Effective: December 16, 1998 January 6, 1999 January 6, 1999 CITY OF KENAI -¢ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 M emoranClum Date: From: December 10, 1998 Richard Ross, City Manager ~ Kim Howard, Administrative Assistant Assignment of Lease/Security Assignment of Lease - Ronald A. Yamamoto, Lot 3, Block 1, Gusty Subdivision Mr. yamamoto has requested approval of the attached Assignment of Lease and Security Assignment of Lease for the above-described property to L & M Ventures, Inc. and Michael J. Lott, Natasha L. Lott and Nina L. Marion. The Little Ski-Mo Restaurant is located on the property. The lease between the City and Ronald Yamamoto states Lessee agrees not to' · . . assign this lease or any part, not let, nor sublet, either by grant or implication, the whole or any part of the premises without written consent of the City, which consent shall be obtained pursuant to the following procedure' (a) Submittal to, and approval of, proposed lease transfer by the Kenai Planning Commission. (b) After approval by the Kenai Planning Commission, final approval of transfer by the City Council. The Planning and Zoning Commission approved a similar transfer to Natasha Lott and Nina Marion in January. This revised transfer adds the corporate name {L & M Ventures) and Michael Lott as Assignees. The lease was originally entered into in 1978. The City's insurance requirements have increased since that time. An Amendment to Lease Richard A. Ross Memorandum December 10, 1998 Page 2 of 2 requiring the appropriate insurance requirements should be executed. The parties involved are current in lease payments, sales and property taxes with the Borough. The City Attorney has reviewed the proposed agreements and has no objections to the documents. Does the City Council approve the transfer and security assignment providing the Assignees will sign an Amen~rnen~ ~o Le~e modifying the insurance requirements? If so, a Consent to Assignment, a Consent to Assignment for Security Purposes, and an Amendment to Lease will be prepared. Cc' Patsy Mizera, First American Title Attachments r/kb DEC. 9. 1998 11: 41AM MO. 9?6 P. ~x5 ASSIGNMENT OF LEASE Tl~is a$$1gnmenl:, enterecl into be;ween RONALD $. YAMAMOTO who,e adclress .is P.O. BOX 3162, KENAI, AK 99611, hereinafter referrecl to as ;he Assignor; and L & M VENTURES, INC. and MICHAEL !J. LOTT, NATASHA L. LOTT AND NINA L. MARION, whose address is P.O. BOX 466, KENAI, Al; 99611, hereinafter referred to as the Assignee. , AS;signor does hereby assign and transfer all of his interest in 1:he leasehold estate as evidenced by that cantaln Lease Agreement with the CITY OF KENAI, as Lessor, recerde;I MAY 30, 1978, in Book 125, pagei 463, Kenal Recording District, and covering ;he following-described property: Lot Three i3), Block One (1), according to the Plat of GUSTY SUBDIVISION, filed under Plat No. K- 1701:) in ~e Kenai Recording District, Third Judicial District, State of Alaska. , Tolhave and to hold the same from the date hereof, for and during all of the remainder ye~ 1:o come of ttie term of saicl Lease Agreement. Assignees agree to comply fully with all the terms and provisions of 1:he Lease, and to hold the Assignor harmless from any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereto set his hand and seal this day of ~ ,1998. --'-- , ASSIGNOR: RONALD S. YAMAMOTO ASSIGNEE: L & M VENTURES, INC. MICHAEL J. LOT'i', individually and President ~IATASHA L. LOTT, individually and Treasurer- NINA L. MARION, individually an'd Secreta~--- DEC. 9.1998 ll:42AM STATE Oi ALASKA )sa. THIRD JUDICIAL DISTRICT ! THIS IS TO CERTIFY that on this day of ,1998, before me appeared RONALD ~. YAMAMOTO, 1:o me know---~-~ancl known 1:o me ~o be th~-person named in and who executed !!ha above document and acknowledged to me that he did sign the same voluntarily and of their own ~free will for the purposes stated herein. IN.[WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal, the date and year first written above. Notary Public in and for Alaska My commission expires: STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) THIS iS TO CERTIFY 1:hal: on this clay of , 1998,' before me appeared MICHAEL J. LOT'F, President, NATASHA L. LQ~,-Treasurer and NINA L. MARION, Secretary of L & M VI~NTURES, INC. to me known to be the individuals and Corporate Officers named herein and known to m:e to be the persons named in and who executed the above documen~ and acknowledged to me that ~hey did sign the same voluntarily an~l of their own free will for the purposes stated herein and are authorized to execute the same on behalf of said Corporation. IN WITNESS WHEREOF, ! have hereunl:o set my hand and affixed by official seal, the date and year first wri~en above. Notary Public in ancl for Alaska My commission expires: DEC. 9. 1998 11: 4~AM MO. 976 P. 4x5 SECURITY ASSIGNMENT OF LEASE KNOW ALL MEN BY THESE PRESENTS that L & M VENTURES, INC. and MICHAEL J, LOI'I', NATASH/~. , L. LO1'I' AND NINA L. MARION, wt~ose address is P.O. BOX 3162, KENAi, AK 99611, Ass~gneesi under that certain Assignment of Lease recorded ,1995, in Book , at iage ._~_, and hereafter referred to as Assignor, covering 1:he following described property- Lot Three f(3), Block One (1), GUSTY SUIIDIVISION, filed under Plat No. K-1700, Kenai Re¢ordin District, Tlfird Judicial District, State of Alaska. , does I~ere~y assign, for goad and valuable consideration, a security interest, in Lease recorded May 30, 1978,fin Book 125, at Page ~3, to RONALD $. YAMAMOTO, herea~er referred to ~ Assignee, and assign, s, for the term commencing on the_...__ day of ,1998, until Deed of Trust is paid in full. Said Deed of Trust being recorded , in Book , ~t Pa~ .... Th~ Assignee herein agrees to comply fully with all ~he terms and provisions of the Lease, and to hold th~ Assignor harmlas$ fr~m any liability arising l:hereunder. day of IN WITNESS WHEREOF, the Assignors and assignee has hereunto set their hands thit~ ,1998. ASSIGNEE RONALD si' ASSIGNOR' L & M VENTURES,INC. YAMAMOTO - MIcHAE'[ j. LOTT, individ.ual and President ~,TASHA L. LO]:'r, individual ~nd Treasurer NINA MARION, individual and Secretar~ DEC. 9.1998 ll:42AM , ~0.976 P. STATE O~ ALASKA ) $~. THIRD JUDICIAL DISTRICT T~I$ i$ TO CERTIFY that on this day of , 1998, before me appeared ~ONALD $. YAMAMOTO, to me known and known to me to be the p~rson named in and ' who executed the above document and acknowledged to me that he did sign the same voluntarily and of his own free will for tl~e purposes stated herein. IN iWlTNESS WHEREOF, i have hereunto set my hand and affixed my official seal, the date and Year first Written above. No tary Public- State of Alaska commission expires: STATE OFiALASKA ) I )ss, THIRD JUDICIAL DISTRICT ) TH!S I$ TO CERTIFY that on this day of ,1998, before me appeared MICHAEL J. LOT'I', Preaiclent, NAT~A L. LOTT, Treasurer ~nd NINA L.-MARION, Secretary of L & M VENTURES, INC. to me known to be the individuals and Corporate Officers named herein and known to me to be the I=ersons named In and who executed the above document and acknowledged to me that ~hey did sign the same voluntarily and of their own free will for the purposes stated herein and are authorized to execute the same on ~behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto se~ my hand and affixed by official seal, the date and year first written above. Notary Public in and for Alaska My commission expires: , RECORDINg, RETURN TO ASSIGNEE HEREIN Cha]l e nge r L.EARNIN CENT~ o LASK k Bill Popp, Project Coordinator Box t 035, Kenai, AK 9961 t 907-283-2000 / fax 907-283-2279 billpopl~ptialask, net www. akchailenger, org City Council City of Kenai 210 Fidaigo Street Kenai, AK 99611 Re: Designated Director Appointees to the Challenger Learning Center of Alaska Honorable Members of the City Council, The City of Kenai, per the Bylaws of the Challenger Learning Center of Alaska, holds two designated seats on the Board of Directors of our Corporation. Each year, the City of Kenai has the power to appoint two individuals to represent the interests of the City on the Board of Directors. The .time for the City to make its annual appointments has come again. The Annual meeting of the Challenger Learning Center of Alaska Board of Directors will take place on December 17th, 1998 at 7:00pm. Current appointments will expire just pdor to the commencement of the ^nnual meeting. The current City appointee~ are' Mayor John Williams. Alternate for the Mayor is Mr. Rick Ross Councilman Duane Bannock. Alternate for Mr. Bannock is Mr. Hal Smailey. I respectfully request that the Council designate its new appointees at the December 16th, 1998 Council meeting. Those appointees can then be affirmed by the Challenger Learning Center of Alaska Board of Directors at the Annual Board meeting. Thank you for your consideration of this request. If l can provide further information or clarifications, please do not hesitate to contact me. Respectfully, Bill Popp Project Coordinator To: City Clerk City of Kenai From: Kenai Municipal (907) 283-3737 12/11/98 Memo To: Rick Ross From: Steve Atha Date: 12/11/98 Re: Aidine Support, Inc. On Friday moming, December 11, 1998 A representative of Aidine Support, Inc. contacted Airport Management with a verbal request to begin service to Kenai effective January 1, 1999. They were asked to submit a written request. The aidine space next to ERA has been cleaned, carpeted and is generally ready for occupancy. Aidine Support, Inc. will need to execute necessan/lease and insurance documents including a full City legal and operational revue and approval. I recommend the use of the standard Aidine lease format. Should you need additional information, please advise. · Page 1 To: City Clerk City of Kenai DEC-11-19~ 10:44 From: Kenai Municipal (907) 283-3737 R ! RL ! NE SUPPORT 12/11/98 11:55:42 Page 1 of 1 24S6993 P. 01/01 ,AIRLINE SUPPORTINc-, ........ ,, December 11, 1998 Mr. Steve Atha Airport Manger K~uai Municipal ,M~ort P.O. Box 580 Kenai, Alaska 99611 Re: Ticket Counter Space What started out as au ~citing oppo~mity for. our company to fly scheduled scrvi~ between Anchorage and Kenai, was held up dt~e to issues'beyond our control. However, an event occurred today that has re-open~ the door for us to move forward in o~ endeavor. Airline Support, Inc., is requesting a lease for space~ 32 and 33* of the Kenai Airport floor plan for the purpose of selling tickets, checking-in passengers and luggage, and accepti~ over the counter small packages, for air trm~ortation to and from Anchorage, Kenai and Homer. The target date for implementing service is Jammry 1, 1998 operating 8 daily flights to Anchorage and 2 daily flights to Homer. < ' .... ~., ~ ~ ~ ;/ ,. I want to thank you for your courteous help the months passed. If you ncexi further. information at this time, please give me a call at 248-3952 or 227-2509. Respectfully, / ~ager, ontract Scrvice.,s P.O. Box 190735 · Anchorage, Alaska. 99519-0..735 · (907) 272-2211 · Fax (907) 248-6993 TOTRL P. 81 LEASE OF AIRPORT FACILITIES DRAFT THIS AGREEMENT, entered into this day of , 1998, by and between the CITY OF ~AI, 210 Fidalgo Avenue, Kenai, Alaska 99611, a home-rule municipal corporation of Alaska, hereinafter called "City", and , (address), and , individually, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recordin~ District, State of Alaska; to wit. Office space and ticket counter space, #28/29, first floor, terminal building, Kenai Municipal Airport, Kenai Recordin~ District, Kenai, Alaska, within the NW 1/4 of the SE 1/4, S32, T6N, RllW, S.M. A. PURPOSE- The purpose for which the Lease is issued is- Office space and ticket counter space for passenger transportation by air and related functions of aircraft operations/ticket sales B. TERM- The term of this Lease is for 3 years, commencing on the day of , 1998, to the 30th day of June, 2001. C. RENTAL PAYMENT. The rental specified herein shall be payable as follows: 1. Right of entry and occupancy is authorized as of the 1st day of July, 1998. Annual rental for this space shall be computed at $1.65 per square foot per month for 560 square feet of terminal space, plus 15% of the above rentals as a baggage room and equipment use fee, for a total of $12,751.20 per year, plus PAGE 1 OF SIXTEEN PAGES LESSEE- LESSOR- applicable sales tax. If the annual rent exceeds $2,400, then the Lessee may opt aZ the time of the execution hereof or at the beginnin~ of each new lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. The amount of rents or fees specified herein shall be subject to increase based on the per square foot rate set by City Council each year. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties .all levies, assessments, and charges as hereinafter provided- (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. D. GENERAL COVENANTS. 1. USES' Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED- Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING. 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. PAGE 2 OF SIXTEEN PAGES LESSEE: LESSOR: Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES. Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by LeSsee. 5. TREATMENT OF DEMISE.- The Lessee agrees to keep the premises clean and in ~ood order at its own expense, allowin~ no damage, waste, nor destruction thereof, nor removin~ any 'material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENT. Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS- Building construction shall be neat and presentable and compatible with its uses and surroundings. The cost of any additional improvements to the terminal space shall be at the Lessee' s expense. 8. DEFAULT RIGHT OF ENTRY. Should default be made in the payment of a~y portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 9. LEASE UTILIZATION: Leased space shall be utilized for purposes within the scope of the application (made a part of this Lease and attached hereto) the terms of the PAGE 3 OF SIXTEEN PAGES LESSEE: LESSOR. Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. 10. CONDITION OF PREMISES: The premises demised herein are unimproved 'and are leased on an "as is, where is" basis. 11. OFFER TO LEASE ACCEPTANCE- The offer to lease is made subject to application laws and regulations of City, and may be withdrawn without notice at any time after thirty (30) days from submission thereof, unless within such thirty (30) days the Lessee executes and returns the lease to the City. 12. UNDERLYING TITLE- The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION- City shall have the ri~h~ at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 14. INDEMNIFICATION: Lessee will indemnify, save harmless and def'end the City, its officers, a~ents and employees from liability of any nature or kind including costs and expenses for or on account of any and all legal actions or claims of any character whatsoever resulting from death or injury to any person(s) or. damage to property to the extent caused by any wrongful error, omission or negligent act of Lessee arisin~ out of this lease. 15. INSURANCE: The City will, durin~ the term of this lease, procure and maintain comprehensive ~eneral liability, workmen's compensation, and fire and extended coverage insurance for the airport, terminal building, and other City facilities at the airport in such amounts and for such insured coverages as may be reasonably required for the prudent operation of the airport. PAGE 4 OF SIXTEEN PAGES LESSEE: LESSOR: Lessee will, during the term of this lease, procure and maintain liability insurance for public liability, aviation liability, the leased premises, property damage, bodily injury and death, with contractual liability endorsements insuring all of Lessee's operations under this lease, includin~ its obligations under the indemnity clause in General Covenant D.14 of this lease. These policies will be with limits not less than those set forth below. These policies and minimum limits will be consistently applied to all air carriers with similar operations and will be consistent with prudent airport industry practices and this Lease. Within 30 days after si~ning this lease, Lessee will make a written report to the City detailin~ each aircraft or type of aircraft operated by Lessee at the airport. If the maximum seating capacity for any aircraft or type of aircraft operated by Lessee is changed, Lessee will report the change to the City and obtain any required insurance coverage before operating the aircraft at the airport. INSIIRANCE COVERAGES Worker' s Compensation Comprehensive General Liability And Auto Liability with included Operations, Contractual Liability, and Owned, Hired, and Non-owned Vehicles Airline / aircraft / airport MINIMUM LIMITS Statutory Limits $500,000 Combined Single Limit Limits required by 14 CFR 205 for the specific amount insured Ail policies of insurance must be in a form and from a company satisfactory to the City. Each policy must provide that it may not be cancelled or materially changed during its term without at least 30 days advance written notice to the City. A certificate certifying coverage of required PAGE 5 OF SIXTEEN PAGES LESSEE: LESSOR: insurance must be delivered to the City within 30 days of thc effective date of this lease. Where any such policy has a normal expiration durin~ the term of this Lease, Lessee will provide a certificate or satisfactory written evidence of continued coverage prior to such expiration. Within 10 days prior to the effective date of any cancellation or reduction in the amount or extent of insurance coverage, Lessee will deliver to City a certificate or satisfactory written evidence certifying coverage that reinstates or otherwise provides at least the required insurance coverage. The failure by either party at any time to enforce the provisions in this section will not be construed as a waiver of these provisions and will not reduce their obligations under this Lease. Lessee a~rees that every insurance pol icy required under General Covenant D.15 will include an endorsement naming the City as an additional insured to the extent of City's indemnified interest under General Covenant D.14. Each party will ~ive the other party prompt and reasonable notice of any claim or action involving this Lease. 16. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized a~ent. 17. LEASE SUBORDINATE TO FINANCING REQUIREMENTS- Lessee a~rees that City may modify this Lease to meet revised requirements for Federal or State ~rants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges PAGE 6 OF SIXTEEN PAGES LESSEE- LESSOR: ~ranted the Lessee by this Lease, nor act to cause the Lessee financial loss. 18. SURRENDER ON TERMINATION. Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in ~ood order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and buildin~ equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all ~overnmental units in connection herewith. 19. RULES- Lessee shall observe, obey, and comply with all applicable rules, etc., of the State or Federal ~overnments. 20. AIRCRAFT OPERATIONS PROTECTED. There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises herein conveyed, to~ether with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, usin~ said airspace for landin~ at, takin~ off from, or operatin~ on the Kenai Airport. 21. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby a~rees and covenants that the Lessee, upon payin~ rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the PAGE 7 OF SIXTEEN PAGES LESSEE: LESSOR- leasehold premises shall not be construed as a denial of th right of quiet or peaceable possession. 22. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 23. SPECIAL SERVICES. Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 24. NO PARTNERSHIP OR JOINT VENTURE CREATED- It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressl understood.and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY, ETC.: If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 26. NONDISCRIMINATION' The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and a~ree as a covenant runnin~ with the land, that: (a) No person on the 9rounds of race, color, or national origin shall be excluded from participation PAGE 8 OF SIXTEEN PAGES LESSEE. LESSOR. in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the 9rounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (c) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) In the event facilities are constructed maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 27. PARTIAL INVALIDITY- If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 28. MODIFICATIONS: No lease may be modified orally or in any' manner other than by an a~reement in writ:in{j, s i~ned PAGE 9 OF SIXTEEN PAGES LESSEE: LESSOR. · by all parties in interest or their .successors in interest. Any such modification shall require Council approval. 29. WAR~TY. The City does not warrant that the property which is the subject of this Lease is suited for the use authorized herein, and no ~uarantee is ~iven or implied that it shall be profitable or suitable to employ the property to such use. 30. COMPLIANCE WITH LAWS. Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affectin~ the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the ~overnmental body enacting the same. Lessee a~rees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 31. CARE OF PREMISES. Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time durin~ the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair durin~ the entire term of this Lease. 32. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under PAGE 10 OF SIXTEEN PAGES LESSEE: LESSOR: the then existin9 laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's a~ents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgement rendered with all proper costs and char~es and shall have such lien released or judgement satisfied at Lessee's own expense. 33. CONDEMNATION: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi-public use, then upon payment of any award or compensation arisin~ from such condemnation, there shall be such division of the proceeds, such abatement in rent payable durin~ the term or any extension of the term hereof, and such other adjustments as the parties may .a~ree upon as bein~ just and equitable under all the circumstances. If the City and Lessee are unable to a~ree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 34. SURRENDER- At the expiration of the term fixed or any sooner termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 35. PROTECTION OF SUBTENANTS- To protect the position of any subtenant(s) hereafter properly obtainin9 any interests in the leasehold estate ~ranted Lessee hereunder, City a~rees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ~round lease), the City will accept the Subtenant, its successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, includin~ any extensions or renewals thereof, not exceedin~ the term of this Lease, upon the same covenants and conditions therein contained, to the extent that PAGE 11 OF SIXTEEN PAGES LESSEE. LESSOR- said covenants and conditions are not inconsistent with any o~ the terms and conditions of this Lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the 9round lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 36. SUCCESSORS IN INTEREST. This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 37. GOVERNING LAW: This indenture of Lease shall be 9overned in all respects by the laws of the State of Alaska. 38. NOTICES · (a) Any notices required by this Lease shall were in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub-paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. PAGE 12 OF SIXTEEN PAGES LESSEE: LESSOR. (b) Any such addresses may be chan~ed by an appropriate notice in writin~ to all other parties affected provided such change of address is ~iven to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the ~ivin~ of the particular notice in issue. 39. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as hereinbefore provided,, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee durin~ said term, the Lessor or its a~ents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding az law without bein~ liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 40. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 41. WRITTEN WAIVER. The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the ~ivin~ of the Lessor of any notice thereunder to effect such termination, PAGE 13 OF SIXTEEN PAGES LESSEE: LESSOR: shall not reinstate, continue, or extend the resultant terl 'therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been ~iven thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so a~reed to in writing and signed by the Lessor. 42. EXPIRATION OF LEASE- Unless the Lease is renewed or sooner terminated as provided herein, the Lessee shall peaceably and quietly leave, surrender, an yield up unto the Lessor all of the leased land on or before the last day of the term of the lease. 43. FIRE PROTECTION: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 44. MUTUAL CANCELLATION- Leases in ~ood standing may be cancelled in whole or in part at any time upon mutual writter agreement by Lessee and the City Council. 45. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 46. APPROVAL OF OTHER AUTHORITIES- The issuance by the City of leases does not relieve the Lessee of responsibility of obtainin[t licenses or permits as may be required by duly authorized Borough, State or Federal a~encies. IN WITNESS WHEREOF,. the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. PAGE 14 OF SIXTEEN PAGES LESSEE: LESSOR: LESSOR: LESSEE: CITY OF~~KENAI~~~ By: Ri chard A. Ross City Manager INDIVIDUALLY INC. , President (If Lessee is a Corporation) ATTEST- Name and Title STATE OF ALASKA ) )ss TH I RD JUD I C IAL D I S TR I CT ) THIS IS TO CERTIFY that on this day of , 1998, , 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. PAGE 15 OF SIXTEEN PAGES Notary Public for Alaska My Commission Expires: LESSEE: LESSOR- STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of ,, ~ 199_, , bein~ personally known to me or havin~ 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: , STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1998, RICHJ~D A. ROSS, City Manager of the City of Kenai, Alaska, bein~ personally known to me or havin~ produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Approved by Kenai City Council Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager PAGE 16 OF SIXTEEN PAGES , 1998. LESSEE: LESSOR- CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1~92 M emoranClum Date: To: From: December 7, 1998 Mayor and City Council Richard R. Ross, City Manager Dip Net Fishery Attached is a copy of the 1998 personal use fishery activity summary prepared by Lt. Jeff Kohler with the assistance of Bob Frates and Keith Kornelis. The report discusses the fishery, the planning for last year's fishery, and the results observed by the three departments. It also incorporates issues for consideration in planning for the 1999 season. Also attached is a copy of Proposal #223 in the 1998/1999 Board of Fisheries proposals. This is the proposal submitted by the City of Kenai to protect the bluff by closing a portion of the dip net fishery. As you are aware, the Board of Fisheries meeting is scheduled to begin on February 16th in Soldotna. Written comments on proposals must be sent to ,Juneau no later than three (3) weeks prior to February 16th. Attachments RAR/kh 5 AAC 77.540. UPPER cOOK INLET PERSONAL USE SAI2~ON FISI-~RY MANAGEMENT PLAN. Amend this regulation to provide the following: 'Section (c)(3)(B) of the Upper Cook Inlet Personal Use Salmon Fishery Management Plan would be amended to mad: from shore, in the area from ADF&G regulatory markers located on the Cook Inlet be, aches outside the terminus of the fiver upstream to the downstream side of the Warren Ames bridge, exc~_ t dip netting is not pemtted on the north shore from an ADF&G r~gui_a_tory marker placed on or in dose _m~~ _w to the Coast Guard marker at the mouth of the fiver upstream to an ^DF&G marker loe. at~l near the Kenai City Dock; PROBLF, M: The problem is the orderly development of-'~ fishery' and erosion of the bluffs on the north side of the Kenai River adjacent to the City of Kenai. In 199~, tl~ B~cl adOPted regulations 'for a more liberal dip net fishery at the'mouth of the Kenai River. TI~'~ now occurs 24 hours daily from July l0 through July 31. Harvest has increased from a hi~fical average of about 36,000 salmon to appro:rim~t~ly 100,000 salmon. Participation is about 10,000 days fish~ (ADF&G data). The more liberal fishery has cre. a~ problems of parking, litter, camasses on the beach and erosion of the bluff~ on the north side of the fiver. These problems were not fora.seen when the Board liberalized this fishery. The City of Kenai is seeking funding options to address the parking problem and, in cooperation with the Division of Sport Fish, is addressing the problem of litter and camasses on the beach. Still to be addressed is the problem of bluff erosion. A small number of individuals rappel down the bluffs to participate in the personal use dip-net fishery. Rappeling accel~ erosion of the bluffs. If allowed to continue, erosion and associated trespas~ problems will be exacerbated to the detriment of the bluff habitat, private property owners and residents of the City of Kenai. . .. It is therefore requested that the Board prohibit, dip netting from the north bank from a marker near the Coast Guard marker at the mouth of the fiver upstream about a mile and a quarter to a marker near the City Dock. This action, taken in concert with measures to alleviate parking, litter and fish waste problems would be a positive step in the orderly development of this fishery. WEIAT WILL HAPPEN IF NOTItING IS DONE? If the problem is not solved accelerated erosion .will continue. If erosion continues, property and structures will be lost WHO IS ~Y TO BF. aNEFIT? Public and private pro~rty owners along the bluff and residents -, a._ ,-,:,_.¥,._.m_?...~. ay of Kenai. , ..... .. ~...' ,. .... ., o . ~''." _ ..- ~. r..: ,,..,,,,,.-. '... WHO IS IJKEI.y TO SUFFIffi? The small number of in~vidu~s who fish in this ama. They will still be able to ParticiPate in the fishery at the mouth of the fiver or fish from a boat2 They simply will not be able to participate by rappelling down the bluff. There is limited participation on the north bank ulxiver from the COast C. mard marker. Other than rappel~g, there is virtually no practical access to the -."4.5~ :.. - ... · ...... _,. . .. 176 OTItER SOLIYrIONS CONSIDERED? No other solutions were considet~ The solution presented is reason~le, would affect only a very small number of participants and contribute to creation of an orderly fishery. PROPOSED BY: Richard Ross, City of Kenai (HQ-98-F-098) PROPOSp, L 224 - 5 AAC 77.540. UPPER COOK INI.ET PERSONAL USE SAI~ON FISHY MANAGEMENT PI. AN. Amend the personal use gillnet fishery to place maters to delineate the fiver terminus at the Kasilof River and extend the open fishing area as follows: .. 5 AAC 77.540. UPPER COOK INLET PERSONAL USE SAI3/ION FISHY MANAGEMENT PLAN. (a) (4) salmon may be taken only from ADF&G regulatory markers located at the mouth of [near the terminus of] the Kasiiof River to ADF&G commercial fishing regulatory markers located approximately one mile away from the mouth on either side of the Kasilof River [inside Adf&G commercial fishing regulatory marke~ located near the mouth of the Kasilof fiver]; fishing is prohibited beyond one mile from the mean high water mark and is also prohibited within the flowing waters or over the stream be. xl or channel of the Kasflof River at any stage of the tide; ~ PROBLEM: The current definition of the stream terminus is difficult to interpret and has resulte~ in confusion and enforcement problems. _ WHAT WILL HAPPEN IF NOTHING IS DONE? Cort~ion and conflict over fishing sites will continue. W[IO IS LIKELY TO BENEFIT? Fishery participants should benefit from clearer regulatory language. WHO IS LIKELY TO SUIfI~ER? No one OTItER SOLUTIONS CONSIDERED? None PROPOSED BY: Alaska Department of Fish and Game. (HQ-98-F-205) . PROPOSAL 225 - 5 nnc 77.540. UPPER COOK INLET PERSONAL USE SALMON FISHY MANAGEMENT PI.AN. . .~ ~ r~,/r, ........... ., :... ,, _ .. Modify the regulaiions to allo~the use of'mesh in dipnet fishery up to 6 inch~s. -" :-~'~' 7" : ;'. ""- '-- ' ' .- - ' '" ~-~.~....a-.,~,~r..-.,:;'- ::- ~ ........ .. ._ PROBLEM: The existing regulations for the personal use ~llnet fishery allows the use iof mesh upto 6 incli~s, andthe dipnet fishery the mesh is restricted to webbing that cannot exceed 4.5 inches when stretc~~': There is no biological reason that there should be a difference in mesh restrictions for the.se tWO fishexies. It would be advantageous for a participant to harvest their fish in a quicker manner, therefore, reducing crowding, and a possible habitat degradation. The collection of salmon in a more expedient manner would also help with reduc~g any possible spoilage of fish. There is also the problem 177 Memo To: From: Richard Ross, City Manager Keith Komelis, Public Works Manager Robert Frates, Parks and Recreation Director~~ Jeffry Kohler, Police Lt. Date: 11/24/98 Re: Activity Summary' 1998 Personal Use Fishery The City's activities related to the 1998 Personal Use Fishery at the mouth of the Kenai River went well. The fishery opened at midnight on July 10t" and continued until July 26~. Several factors influenced the positive outcome. They include: o Many of the fishermen had participated in the fishery before and were familiar with the parking, access and regulatory issues. 2. Planning and cooperation among city and state agencies was better. , Public education efforts regarding the concems of trespassing, parking, littering, fishing regulations and environmental damage increased voluntary compliance by fishermen. 4. Both the City of Kenai and State of Alaska dedicated additional personnel to help manage the crowds during the fishery. 5. The poor return of salmon to the Kenai River was well publicized. This resulted in smaller crowds and a shorter season. The final factor is likely the one that most influenced the positive outcome. A strong return of fish would have increased the number of participants and extended the season. These circumstances would have taxed the resources of the city dudng an alroady busy time of year. · Page I Pdor to the beginning of the fishing season a number of problem issues were identified. Plans were developed to address each of these. The following is a summary of how the major problem issues farad. Fish Waste and Lifter Control Litter and fish waste on the north beach was less troublesome than in years past. The fish waste dumpster supplied by Fish and Game combined with the new littering ordinance addressed most of the problem. In several instances, fishermen were observed voluntarily cleaning litter and fish offal off the beach. The presence of Parks and Recreation employees conducting litter cleanup on the beaches was also a positive reminder for fishermen to do the same. The beach on the south side of the dyer was more problematic due to access difficulties. Parks and Recreation plaid garage barrels on that beach which collected 400 to 500 pounds of trash every other day. As the season progressed, the beach became tom-up and soft from the heavy traffic. It became so soft that even access by 4x4 was difficult. On one occasion an employee became stuck in a four wheel drive truck. Consideration is being given to discontinuing the use of barrels next year. A "Pack it In, Pack it Out" sign coupled with pedodic litter patrol may be adequate to keep the ama clean. Parks and Recreation estimated 6000 lbs. of trash was removed from both sides of the dver dudng the fishery. This does not include refuse placed in the rental dumpsters. Sanitation Facilities The number of Porta-potties on the north beach was not adequate. The scheduled three-time weekly service was frequently supplemented. The additional service calls resulted in expenditures exceeding projected costs. Next year additional Porta- potties will be needed. Human waste disposal on the south beach is a significant problem. A large area of beach grass in that area was trampled flat and littered with feces and toilet paper. Porta-potties are not an option in this area because of the access problems. Due to the close proximity of the wetlands and the dver, it is unknown if any type of latdne is practical. Sand Dune Protection The sand dune protection efforts made over the past couple of years have contributed significantly to rehabilitation of the dunes. Beach rye grass is emerging in areas where it has not previously been seen. The Parks Department sectioned off a large area near the tum-a-round and will monitor new growth. This particular ama receives the most foot traffic. Other areas should be sectioned of next year and monitored. · Page 2 Parking Congestion Parking continues to be problem on the north beach. It is als0 one of the more labor intensive issues to deal with. On the night prior to the dipnet fishery opening, the parking lot and shoulder of Spruce St. were filled with vehicles. Driveways leading off of Spruce St. were blocked. That moming the decision was made to limit parking to 12 consecutive hours. This eliminated some of the problems with motorhomes camping under the guise of ovemight fishing. More users were allowed to cycle through the parking lot; however, motorhomes continued to be a problem by overstaying and required constant monitoring. In addition, motorhome owners would deploy their awnings, occupying multiple spaces, and park along Spruce Street's narrow shoulder. The subsequent traffic congestion, coupled with the many inattentive pedestrians, created safety concerns. Officers frequently had to mediate parking disputes as attempts were made to reserve spaces by blocking them off with lawn chairs and ice chests. Dudng peak pedods of use, vehicles would fill the parking area and line Spruce Street back to the ball field. On one particulady busy Saturday, vehicles were park~ all the way back to the Spur Highway and used the old Kenai Supply parking lot. Officers estimated the beach parking lot was filled to capacity 75% of the time the fishery was open. Municipal Ordinance Violations / Trespassing Individuals setting up tents for day use on the beach created problems as other parties moved into the area and assumed camping was permissible. A prohibition on tents in this area would alleviate the problem. Trespassing on pdvate lands and the bluff was less frequent this year. Efforts to contact the property holders and post the land near the bluff stopped most, but not ail, the violations. in general the crowds were compliant and respectful of the rules and regulations. No significant or sedous law enforcement problems arose. Much of the credit for this can go to the temporary Police officer and the seasonal enforcement officer who spent considerable time on the beach making contacts with the fishermen. Those officers reported making hundreds of contacts daily giving verbal and wdtten warnings, mediating disputes, answering questions and providing public assistance. Their efforts and presence on the beach was well received and generated positive comments. Fish and Wildlife Enforcement maintained a strong presence dudng the dipnet fishery. They were usually present when the fishery was most active. In addition they loaned Kenai Police Department an A.T.V. allowing officers to patrol the south beach after it became too rough. · Page 3 Approximation of Costs Incurred Attached is a breakdown of direct operational costs incurred by the city between July 10 and July 26 for the dipnet fishery, it does not consider indirect cost such as the man-hours spent planning and preparing for the operations, composing and editing press releases or hidng, equipping and training employees. The estimate also does not include the costs associated with unscheduled responses to the beach by parks and recreation personnel and police officers Parks and Recreation Pemonnel Dock work 181.25 man hours Beach Clean-up 38.00 man hours P&R Personnel costs $1,434.81 Rental/Litter Control Porta-pottie Rental Fish Waste Dumpster $1,020.00 $ 682.00 Dumpsters $454.49 Total rental cost $2,156.49 Police Department Pemonnel Police Officer 139.4 man hours Enforcement Officer 40.0 man hours Total Police Personnel cost $3,415.00 Public Works Department Extra Porta-potties for the Boat Ramp $900.00 Signs $450.00 Labor Costs $500.00 Supplies $200.00 Public Works Total Expense $2,050.00 · Page 4 The combined total of expenses was $9,056.30 Dudng the fishery, the boat ramp generated $18,366.00 in revenue. 85% of this, or $15,600, can be attdbuted to the dipnet fishery. Page 5 ~¢¢~~ December 8, 1998 CiTY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907~283-3014 ~ Kenai Peninsula Borough Attn' Colette G. Thompson, Borough Attorney 144 N. Binkley Street Soldotna, AK 99669 Re: Borough Animal Control Ordinance In response to your request for input on the Borough Animal Control Ordinance and draft contract to implement it, the following information is provided. It would be the recommendation of the City Administration to the Kenai City Council that we do not have the resources to extend services beyond our own jurisdiction. We would consider a contract with the Borough to receive compensation for impoundment and shelter services already provided for animals brought in from outside our jurisdiction. The City of Kenai Animal Control Program does not have sufficient staff to perform outside the City of Kenai. While Attachment A referred to in the contract was not included; it was presumed the area would comprise Nikiski and larger portions of Kalifornski Beach. The City of Kenai has two animal control officers. In 1997, they handled 1,600 animals, including 501 that were brought in from outside the City of Kenai to the shelter. Nine-hundred-forty-three animals were impounded; 23 bite investigations were conducted; 1,113 animals were euthanized; 168 animals were adopted; and 424 lost/found animal reports were taken in addition to over 5,300 responses to information requests. The daily care of these animals, coverage of the geographic area within the City, a~nd the activities cited are all that present staffing can handle. Additional staffing, equipment, and a vehicle would be required if the City were to contract outside its jurisdiction. This would far exceed the $25,000 contracted amount proposed. Even were the City to have the ability to perform services outside its jurisdiction, it would be our recommendation that the proposed ordinance and contract are not satisfactory for the following reasons' Colette G. Thompson December 8, 1998 Page 2 of 2 , , The proposed ordinance requires that actions taken by an Animal Control Officer be in accordance with the Borough ordinance. Once a Kenai Animal Control Officer takes an animal into custody the handling and disposition of the animal should be in accordance with City ordinances. To have employees have two sets of rules depending on where the animal came from is unacceptable and could result in costly error. The forfeiture provision of the proposed ordinance provides that if an owner refuses to turn over an animal it is considered forfeited. This would be contrary to the due process procedures we presently follow. , The draft contract should also provide that once the animal is taken into custody the ordinances of the municipality are controlling. , The indemnification provision is unacceptable and results in a great deal of liability exposure to the City when its employees would be operating outside its jurisdiction. This would be exposure for actions taken, and conceivably for inaction based on the requirement to make "reasonable" efforts to respond to "vicious" dog complaints. Were the City Administration directed by Council to enter into , negotiations with the Borough for service provision, there are other contract language issues we would want to address. This would include termination for convenience language to apply to the City as well as the Borough, the section dealing with the release of public records, etc. While the Borough is proposing to make the ordinance and contract apply only to "vicious" and "rabid" animals, it is our belief the activity generated will be significant. Once the public understands that only "vicious" or "rabid" animals are responded to, that is how the caller will describe a problem animal in order to get a response. Sincerely, CITY OF KENAI City Manager RAR/kh 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: November 17, 1998 Cary Graves, City Attorney Larry Semmens, Finance Director Dan Moms, Police Chief Klm Howard, Administrative Assistant Borough Dog Control Ordinance City Manager Ross would like you to review and comment on the attached draft Borough ordinance and contract by December 4th. Attachment Cc: Carol Freas, Clerk 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 BUSINESS (907)262-4441 FAX (907)262-1892 November 13. 1998 MIKE NAVARRE MAYOR Richard Ross Manager, City of Kenai 210 Fidalgo Ave.: Suite 200 Kenai, AK 99611 Re' Borough dog control ordinance Dear Mr. Ross: RECEIVED _ NOV I 7 1998 CITY' OF'KENAI'" Enclosed for your review, please find a rough draft ordinance and form contract concerning borough nonareawide animal control which is being prepared for introduction on December 8, 1998 by the borough assembly. The ordinance provides for the following' e o , The cities would accept dogs delivered to their shelters by private citizens from outside the citv limits' The city animal control officers would pursue and capture only allegedly vicious or rabid dogs; The cities would hold dogs in quarantine for ten days that are reasonably believed to be rabid: The cities would maintain records of reported bites: The cities would keep all the tees they collect in providing the above services: The cities would be paid $25.000 per year by the borough. We would appreciate your reviewing and commenting on this ordinance and the draft contract at your earliest convenience. Thank you tbr your assistance in this matter. Very truly yours, Colette G. T~ompson Borough Attorney CGT:jgf Introduced Date: Hearing: Action: Vote: O'Brien, Scalzi December 8, 1998 January 5, 1999 I~NAI PENINSULA BOROUGH ORDINANCE 98- ENACTING CHAPTER 8.10 OF THE KENAI PENINSULA BOROUGH CODE OF ORDINANCES PROVIDING FOR LIMITED DOG CONTROL IN THE AREA OF THE BOROUGH OUTSIDE OF CITIES WHEREAS, the cities ofKenai, Soldotna, Homer, Seward, and Seldovia presently provide animal control services and these cities incur significant expenses providing services for animals owned by borough residents living outside cities largely because such borough animals either travel to or are delivered to the cities; and WHEREAS, Kenai. Soldotna. Seward and Homer's combined records indicate approximately 3,868 dogs and cats were either picked up or dropped off at the pounds in 1997, and about 1,625 of those animals were from the borough area outside the cities; and WHEREAS, there have been numerous complaints of dogs running at large in the Borough in the areas outside cities, damaging and destroying property., attacking people and other animals: and WHEREAS, Kenai. Soldotna. Homer. Seward and Seldovia records Show combined 55 animal bites reported in 1997; and WHEREAS, Alaska Statute 29.35.210 provides that the borough may, by ordinance, license, impound and dispose of animals on either an areawide or a non areawide basis; and WHEREAS, while a majority of the voters voting in the nonareawide advisory election held October 6, 1998 did not support the borough providing animal control in the areas outside of the cities, a majority did vote in favor of providing dangerous animal control, rabies control and the disposal/adoption of abandoned or loose-running animals through contracts with cities if the borough were to exercise animal control powers; and WHEREAS, it is desirable to implement limited dog control measures in the areas outside of the cities in a manner that will provide some compensation to cities for services they are already providing to borough residents living outside of cities, without enacting pervasive and costly new regulations; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Kefiai Peninsula Borough, Alaska DRAFT NO. 2 Ordinance 98- Page I of 6 SECTION 1. That a new Chapter 8. I 0 of the Kenai Peninsula Borough Code of Ordinances shall be enacted to read as follows: 8.10.010. Definitions. For the purposes of this chapter, the following terms are defined as provided belo~v, unless otherwise stated' a. Kingdom; b. {2. "Animal" means vertebrated domestic or domesticated member of the Animalia jo jo ne "At large" means an animal not under restraint. "Canid Hybrid" means an owned offspring of a wild member of the genus Canis and the family Canidae bred to a member of the genus and species Canis familiaris. The offspring of a canid hybrid bred with a wild member of the family Canidae, another canid hybrid, or a member of the genus and species Canis familiaris is also a canid hybrid. Canid hybrids are domesticated animals. d. "Dangerous dog" means any dog which has bitten a person or persons on one or more separate occasions, causing the person's skin to break, regardless of whether the act is done in a playful or hostile manner, unless the injuw was sustained by a person who, at the time the injury, was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was testing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. e. "Dog" means a member of the genus and species Canisfamiliaris, commonly known as domestic dog, but does not include other members of the family Canidae, such as a fox. coyote. ~volfor any other game species, the taking of which is regulated by the state. For purposes of this title. "dog" shall include canid hybrids unless otherwise specified. f. "Domesticated" means animals adapted to human use or pleasure. g. "Enforcing Entity" means either the borough or the city within the borough enforcing this chapter pursuant to an agreement with the borough. h. "Impoundment" means the seizure of dogs by the methods set forth in this chapter. i. "Located" means the physical site of either the dog's residence or the place where the dog is situated when it commits an act subjecting it to impoundment pursuant to this chapter. "Mad dog" means a dog that shows symptoms of suffering from rabies, including without limitation foaming at the mouth, extremely aggressive and combative behavior, and highly sensitive to touch and other kinds of stimulation. "Officer" means a person charged by law with the duty. to enforce provisions of this title. "Owner" means a person or group of persons having title, keeping, harboring and having custody or control of a dog or cat. 1. "Person" includes an individual, a joint venture, partnership, corporation, or unincorporated association. m. "Restraint" means physical confinement, as in a building or a secure enclosure, or otherwise secured, as with a muzzle, so that it cannot injure other persons or their propem,.. n. "Serious injury." means a deep puncture wound, laceration, avulsion, deep soft tissue, or bony injury, to a human being requiring professional medical evaluation and treatment. "Trespass" means to enter on the land of another without lawful permission. Ordinance 98- Page 2 of 6 ' DtL4.FT NO. 2 Kcnai Peninsula Borough, Alaska Oo "Vicious dog" means a dog that has bitten any person or persons on three or more separate occasions, causing the person's skin to break, regardless.of whether the act is done in a playful or hostile manner, or a dog that has caused serious injury, or death to a human being. A dog is not deemed vicious under this chapter if the injury was sustained by a person ~vho, at the time the injury., was sustained, was committing a willful trespass or other tort upon the premises occupied by the oWner or keeper of the dog, or was testing, tormenting, abusing or assaulting the dog, or was committing or attempting to commit a crime. 8.10.020. Jurisdiction. The borough has jurisdiction over domestic and domesticated dogs as defined in this chapter. 8.10.030. Application. The.. provisions of this chapter shall apply to dogs located in the area of the borough outside of the crees. 8.10.040. Enforcement. Administration and enforcement of this chapter is subject to the appropriation and availability of funds. Enforcement districts shall be established encompassing all areas of the borough outside of the cities. Provisions of this chapter requiring enforcement by an officer may only be enIbrced by first-class cities within the borough pursuant to agreements with the bo~'ougl~. The mayor is authorized to enter into either annual or long-term agreements with cities in the borough for enforcement of this chapter within a~reed upon enforcement districts, subject to assemblv and city council approval. Such agreements s"hall provide for compensation to ihe first-class cities c~f$95,000 per year for costs incurred in entbrcing this chapter. In addition to anv such payment by the borough, it is anticipated that cities shall retain all related fees collected by ti~e cities. Cities are not obligated to handle or respond to calls in the absence of an agreement. 8.10.050. Rabies. A. No person may own a dog over three months of age that does not have a current rabies vaccination. B. Any dog reasonably suspected to be infected with the rabies vires shall be immediately reported to the enforcing entity and impounded as provided in this chapter. C. Any dog reasonably suspected by the animal control officer to be infected with the rabies vires shall be quarantined for a minimum of ten days at the designated animal control center. D. Whenever borough law conflicts with state law concerning rabies control, state law shall control. E. The owner of a quarantined dog shall bear the expense of keeping the dog while it is quarantined. 8.10.060. Impoundment and redemption. A. An animal control officer, or any police officer, or their designee may capture or accept custody of any dog that is reasonably suspected by the officer to have bitten a person or to be infected with the rabies virus. Except as other~vise specifically provided, nothing in this chapter shall be construed to require an officer to pursue or capture any dog. An officer shall make Kenai Peninsula Borough, Alaska DRAFT NO. 2 Ordinance 98- Page 3 of 6 reasonable efforts to capture and impound a dog the officer initially determines appears to be either vicious or infected with the rabies vires. B. An officer may pursue a dog onto private property in the course of effecting an impoundment. C. To effect an impoundment, an officer or his designee may capture a dog that appears to be either vicious or infected with the rabies vires by any reasonable means. To effect an impoundment of a dog alleged to be dangerous but not vicious, an officer or his designee may capture a dog by calling the dog or, when deemed necessary, by the use of a baited live capture cage trap. D. When responding to a call in the borough outside the city, pursuant to a contract with the borough entered under this chapter, an officer is acting under the legal authority of the borough. E. An impounded dog shall be taken to the appropriate animal control shelter and confined in a humane manner for not less than 120 hours, unless earlier redeemed by the owner by completing rabies vaccination requirements, and paying all applicable fees. Dogs designated as vicious may not be redeemed, but shall be disposed of as provided in this chapter. Immediately upon impounding a dog, the animal control officer shall make reasonable efforts to notify, the dog's o~vner of the impoundment and the conditions under which the o~vner may redeem the dog. Dogs not vaccinated against rabies and showing symptoms of rabies shall be quarantined as provided in KPB 8.10.050. 8.10.070. Interference with officer. No person may interfere with, hinder, or molest an officer performing a duty under this chapter. 8.10.080. Designation of dog as dangerous or vicious. The animal control officer shall be responsible for promptly determining, based on reasonably reliable evidence including pictures, doctor repons, affidavits, personal interviews, medical records and other similar evidence, whether an impounded dog is either dangerous or vicious. The animal control officer shall document all reported bites, whether or not the dog is impounded, and shall maintain records of all supporting evidence of any reported bites, whether or not the dog is deemed vicious or dangerous, for a minimum of ten years. When the animal control officer determines a dog is vicious or dangerous, the officer shall promptly make reasonable efforts to notify the owner in writing of this designation. 8.10.090. Disposition of dogs. No dog may be disposed of less than 120 hours from the time of initial impoundment. Dogs deemed to be vicious or infected with rabies shall be disposed of in a humane manner following exhaustion of all appeal rights. Dogs not deemed to be either dangerous, vicious or infected with rabies and not redeemed by the owner within the allotted time period, may be either disposed of in a humane manner or made available for adoption upon payment of all accruing fees. Dogs designated as dangerous or showing symptoms of a major infectious or contagious disease other than rabies, shall not be available for adoption but may be redeemed by the o~vner upon payment of all applicable fees. 8.10.095. Dangerous Dog Warning Signs. The owner of a dog designated as dangerous shall post a clearly visible sign, warning of the dangerous dog, along all lot lines of the property adjacent to constructed streets, roads and trails. Ordinance 98 - DIL, FT NO. 2 Page 4 of 6 Kenai Peninsula Borough, Alaska 8.10.100. Protection of life or property.. Pursuant to AS 03.55.010 as now enacted or hereinafter amended, any person may lawfully kill any vicious or mad dog running at large. 8.10.110. Fee schedule. Fees for licensing or redeeming an impounded dog shall be charged as follows: A. Medical care ................................ Actual veterinarian charges. B. Impoundment: Dogs weighing less than 15 pounds ............... $3.00 per day or partial day for feeding plus the $25 impoundment fee. Dogs weighing 15 pounds or more ................ $5.00 per day or actual costs, whichever is greater, for feeding, plus the $25 impoundment fee. 8.10.120. Forfeiture. A. The borough may consider all rights of ownership in a dog forfeited if the owner: (1) is ordered by the court to forfeit the dog; (2) fails to claim on dog within the time frame set forth in 8.10.090; (3) in writing releases the dog to the borough; or (4) fails to turn over a dog to an animal control officer upon request. (5) fails to pay impoundment, boarding fees. veterinarian fees. and other costs and expenses reasonably incurred by the enforcing entity for the care and maintenance of a dog. B. Any forfeited dog shall be subject to the impoundment, adoption, and euthanasia provisions of this chapter. 8.10.130. Hearings and Appeals. A. A person who owns a dog designated by an officer as vicious or dangerous may appeal that designation to the mayor or his designee by filirig a written application for a hearing with the borough clerk within 10 days of the date of notice of such designation. Upon timely receipt of an application, the mayor or his designee shall conduct a hearing, providing the person with reasonable notice and oppommity to be heard. Appeals from the mayor's decision shall be filed with the superior court in Kenai, Alaska within 30 days of the mayor's decision, in accordance with the roles governing appeals from administrative agency decisions. B. The owner of a dog subject to the forfeiture provisions of KPB 8.10. shall be served with a written notice of forfeiture if the owner can reasonably be located and served. The owner may protest the forfeiture by filing a protest on a form either available at the borough clerk's office or otherwise provided by the borough within five days of service of the notice of forfeiture. The borough may grant a forfeiture protest hearing if the owner files with the borough clerk a written request for a hearing within the time provided for filing a protest of the forfeiture. Whether or not a hearing takes place, if the owner timely protests the forfeiture the borough shall render a written decision with findings regarding the forfeiture. The order may uphold the forfeiture, allow remm Kenai Peninsula Borough, Alaska DRAFT NO. 2 Ordinance 98- Page 5 of 6 of the dog to the owner with or without conditions, or uphold or modify fees or costs related to the impoundment and care of the dog. Any payment plan for fees or costs allowed by the final order must be secured in a manner satisfactory, to the borough before the original notice of forfeiture is set aside. The final forfeiture order is appealable by the dog owner to the superior court within 30 days pursuant to Part VI of the Alaska Rules of Appellate Procedure. C. Whenever a person is required to be served under this chapter, service may be by first class mail or in person. When service is by first class mail, it must be postage-prepaid and addressed to the last known address of the person being served. A document shall be deemed served on the date it is postmarked by the United States Postal Service. When a document is required to be filed under this chapter, it must be received by the borough clerk's office on the date provided for filing. A fax copy may be filed with the clerk, so long as the original is also filed with the clerk within three business days of the filing due date. 8.10.140. Civil Penalty and Statutory. Injunction. Pursuant to AS 29.25.070(b), the borough may institute a civil action against any person who violates any provision of this title. In addition to injunctive and compensatory, relief, a civil penalty not to exceed $300 may be imposed for each violation. Each day that a violation occurs may be considered a separate violation. An action to enjoin a violation may be brought not~vithstanding the availability of any other remedy. On application for injunctive relief and a finding of a violation or a threatened violation, the superior court shall grant the injunction. SECTION 2. That all dogs not currently vaccinated against rabies must be vaccinated ~vithin six months of the effective date of this ordinance. SECTION 3. That evidence of dog bites inflicted prior to the effective date of this ordinance may be considered for purposes of determining whether a dog is vicious, but only when the dog has also bitten a person after the effective date of this ordinance. SECTION 4. That this ordinance shall become effective within days of its enactment. ENACTED BY THE ASSEMBLY OF THE I~NAI PENINSULA BOROUGH ON THIS DAY OF ,1998. ATTEST: Ronald Drathman, Assembly President Linda S. Murphy, Borough Clerk Ordinance 98 - Page 6 of 6 DRAFT NO. 2 Kenai Peninsula Borough, Alaska AGREEMENT TO FURNISH DOG CONTROL SERVICES This agreement is emered into between the Kenai Peninsula Borough, of 144 N. Binkley, Soldotna, Alaska 99669, hereinafter called the "Borough," and the City of _, hereinafter called the "City." WHEREAS, the City owns and operates an animal control shelter, and has the facilities and personnel capable of providing dog control services for dogs from areas in the borough outside of the city. limits; and WHEREAS, Section .. of the city municipal code enables the city to provide such services; and the Borough enacted ordinance 98- , providing for limited dog control in the areas of the borough outside of the cities, to be enforced by cities through contracts; NOW THEREFORE the parties do hereby agree as follows: SECTION 1. TERM. The term of this agreement shall be from through _ ' inclusive unless terminated' sooner in accordance with the provisions of this a~reement. agreement may be extended if agreed to in writing by both parties. This SECTION 2. SCOPE OF SERVICE. m~ Area of Service: The City. shall provide serviCes under this contract in the area of the borough as shown on Attachment "A". Animal Control Officer: When providing services under this contract the City Director of shall act as the Borough Animal Control Officer ("Officer") and be delegated such powers and authority as is vested in the Officer specified in KPB Code Chapter 8.10. Ce Applicable Law: When providing services under this contract the City will comply with provisions of KPB Chapter 8.10. De Accepting, Capturing and Holding Dogs' The City agrees to accept and hold dogs brought to the Animal Control Center from the area described in Attachment "A" in accordance with the terms and conditions of this a~eement. Additionally, the City agrees to make reasonable efforts to capture and impound a dog located in the area described in Attachment "A' that the Officer initially determines appears to be either vicious, as defined in KPB 8.10.010, or infected with the rabies vires. The City is authorized, but is not required, to capture a dog that the Officer initially detenv./nes appears to be dangerous, as defined in KPB 8.10.010, but neither vicious nor rabid, by calling the dog or, when deemed necessary, by the use of a S:\WPFILESXFILES\ASSEMBLY~ANIMAL\DOG.CON Page I of 6 Ee F~ O~ He baited live capture cage. The City. shall process dogs in its shelter in the same manner as city animals are processed, except that the provisions of KPB 8.10 shall control if there is a conflict between city roles and KPB 8.10. All dogs placed in the city's shelter under this provision shall be held for a minimum of 120 hours, unless earlier claimed by the dog's owner, or unless the waiting period is waived in writing by the owner. Quarantine of Suspected Rabid Dogs' The City agrees to quarantine at its animal control shelter any dog reasonably suspected by the Officer to be infected with the rabies vires for a minimum of ten days. The dog owner shall bear all costs incurred in keeping a dog while it is quarantined under this provision. Investigation of Complaints: The City agrees to investigate all complaints of dog bites and incidents involving potentially rabid dogs occurring in the area described in Attachment "A", to obtain reasonably reliable evidence upon which the Officer may determine whether the dog should be designated as either vicious, dangerous or potentially rabid. All records of such investigations shall be maintained by the City. in a safe, secure and orderly manner. Designation of Dog and Notice to Owner: Upon receiving or capturing a dog, the Officer shall promptly determine, based on reasonably reliable evidence, whether a dog is either dangerous, vicious, or potentially rabid, as those terms are defined.in KPB 8.10.010 as now enacted or may be hereafter amended. Immediately upon impounding a dog, the Officer shall make reasonable efforts to notify, the dog's owner in writing of the impoundment, whether the dog has been designated as either vicious, dangerous, or potentially rabid, and the conditions under which the owner may redeem the dog, if any. Such notice shall include a Notice of Forfeiture, advising the owner that the owner's ownership rights in the dog may be considered forfeited if the owner fails to claim the dog in the time provided and to pay applicable fees. Release To Owner: Upon payment of all applicable fees and proof of a current rabies vaccine, the Ci.ty shall release to the dog owner any impounded dog not previously destroyed or adopted, and not designated as either vicious or potentially rabid. Adoption' If not claimed by the owner in the given time, and the dog is not deemed either vicious, dangerous or infected with the rabies vires, and the condition and health of the dog is adjudged by the Officer to be sound enough to humanely permit additional grace, the dog may be held for adoption for an additional time period in accordance with city roles and procedures. Disr~o$ition' Following the exhaustion of all appeal fights, which shall include the failure to timely pursue an appeal, unclaimed and unadopted dogs held for the minimum 120 hours may thereafter be disposed of in a humane matter. S:\WPFILES'xFILESL&SSEMBLY~ANIMAL\DOG.CON Page 2 of 6 re Record Keeping: The City agrees to maintain records tracking, .at a minimum, the number of dogs accepted from the area in Attachment "A", the dispensation of each such dog including the number of adoptions, terminations and returns, all reported bites and investigations of such complaints, and dates of all such incidents. Ce Fe_.~: The City shall charge the fees set by KPB Code KPB Chapter 8.10 as now enacted or hereafter amended, for services provided under this agreement. The City shall account for all fees received by the City under this agreement, and may retain all such fees. Me Borough Shall Prosecute Violations and Provide Administrative Appeals Process' (1) (2) (3) The City. shall not be responsible for the prosecution, including preparation of court documents, providing an attorney, court costs and expenses or any other costs associated with violations of KPB Chapter 8.10. It is the Borough's sole discretion and responsibility to determine suit and prosecution. The Borough shall provide the administrative appea process for the owner of a dog designated as either dangerous or vicious to appea, decisions of the Officer under KPB Chapter 8.10. The Ci.ty shall as a pan of this contract provide initial investigations, repons, and any evidence found during the course of the Ci .ty's investigation to the Borough attorney or designee, and shall cause the Officer to cooperate with the borough in any sUch prosecutions and appeals. The City. further agrees that as a part of this agreement it will provide to the Borough attorney assistance in additional investigations. Ne Rabies Vaccination Clinic: The parties agree that the Ci.ty may, in its sole discretion, provide rabies vaccination clinics for dogs in the area included in Attachment "A" from time to time to encourage such vaccinations. SECTION 3. COMPENSATION. Annual Payment' For services provided under the terms of this contract the Borough shall pay to the City. the sum of $25,000 for the period of . through and including · Such payments shall be made quarterly in the amount of $6,250 and shall be due the first day of April, July, October and January., provided that the first payment shall be due 15 days after signing this Agreement and shall be prorated to include onlY the applicable portion of the quarter this agreement shall first be in effect. Be Fees' Additionally, the City may retain all fees collected for services provided under this agreement. SECTION 4. TERMINATION. S:\WPFILES\FILES\ASSEMBLY\ANIMAL\DOG.CON Page 3 of 6 me Termination of.Contract for Cause. Iff through any cause, either party shall fail to fulfill in a timely and proper manner the obligations under this contract, or if either party violates any of the covenants, agreements, or stipulations of this contract, the other party has the fight to terminate this contract by giving written notice of termination to the party in violation of the contract, specifying the effective date of termination at least five (5) days before the effective date. All finished or unfinished documents, data, reports, materials on all pending and completed bite cases, and any current or pending investigations under KPB Chapter 8.10, or other material prepared by the .City under this contract are the property of the Borough. Such documents, materials and information shall be provided to the Borough no later than five (5) working days after termination of this agreement. Be Termination for .Convenience. The Borough may terminate this contract at any time by giving written notice to the City at least sixty (60) days prior to termination and specifying the effective date of termination. All finished or unfinished documents, data, reports, materials on all pending and completed bite cases, and any current or pending investigations under KPB Chapter 8.10, or other material prepared by the City under this contract are the property, of the Borough. Such documents, materials and information shall be provided to the Borough no later than five (5) working days after termination of this agreement. SECTION 5. MODIFICATIONS. The parties may mutually agree to modify the terms of the contract. Modifications to the contract shall be incorporated into the contract by written amendments executed by both parties. SECTION 6. EOUAL EMPLOYMENT OPPORTUNITY. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, physical handicap, age, status as a disabled veteran, or veteran of the Viemam war era. The Ci.ty shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, national origin, physical handicap, age, stares as a disable veteran, or veteran of the Viemam war era. SECTION 7. FINDINGS CONFIDENTIAI~. To the extent permitted or required by law any reports, information, data,, etc., given to or prepared or assembled by the Ci.ty under this contract which the City, requests to be kept confidential shall not be made available to any individual or organization by the City without the prior written approval of the City. SECTION 8. PUBLICATION, REPRODUCTION AND USE OF MATERIALS. No material produced, in whole or in part, under this contract shall be subject to copyright in the United States or in any other country. The Borough shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any repons, data or other materials prepared under this contract. SECTION 9. JURISDICTION' CHOICE OF LAW. S:\WPFILES\FILESkASSEMB L Y~ANIMAL\DOG.CON Page 4 of 6 Any civil action arisin~ from this contract shall be brought in the Superior Court of the Third Judicial District of the State of Alaska at Kenai. The law of the state of Alaska shall ~ovem the rights and obligations of the parties. SECTION 10. NON-WAIVER. The failure of either party at any time to enforce a provision of this contract shall in no way constitute a waiver of the provisions, nor in any way affect the validity of this contract or any part thereof, or the fight of the Borough thereafter to enforce each and every protection hereof. SECTION 11. PERMITS AND LAW~. The Borough and City shall acquire and maintain in good standing all permits, licenses and other entitlements necessary to the performance under this contract. All actions taken by either Party under this contract shall comply with all applicable statutes, ordinances, roles and regulations. SECTION 12. CONTRACT ADMINISTRATION. A. The . or a designee, will be the representative of the City administering this Agreement. - Be The services to be fi~'nished by the City shall be administered, supervised, and directed by , or a designee. C. The Mayor, or his designee, shall be the representative of the Borough administering this Agreement. SECTION 13. INTEGRATION. This insmanent and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this contract shall supersede all previous communications, representations or a~eements, either oral or written, between the parties. SECTION 14. INTERPRETATION AND ENFORCEMENT. This Agreement is being executed by the parties following negotiations between them. It shall be construed according to the fair intent of the language as a whole, not for or against any party, the titles of sections in this Agreement are not to be construed as limitations or definitions but are for identification purposes only. SECTION 15. INDEMNIFICATION. me The City agrees to defend, indemnify, and hold harmless the Borough, its agents, officers and employees from and against all claims, causes of action, liability, judgments, loses, and expenses, brought for or on account of any personal injury, death or property damage, whether tangible or intangible, sustained by any person or property, arising out of, incident to, or in connection with the City's performance of this agreement. S:\WPFILES\FILES\ASSEMBLYkANIMAL\DOG.CON Page 5 of 6 Be The Borough agrees to defend, indemnify, and hold harmless the City, its agents, officers and employees from and against all claims, causes of action, liability, judgments, loses, and expenses, brought for or on account of any personal injury, death or property damage, whether tangible or intangible, sustained by any person or property, arising out of, incident to, or in connection with the Borough's performance of this agreement. SECTION 16. INSURANCE. The City shall maintain Comprehensive General Liability coverage and Public Officials Errors and Omissions coverage in an amount not less than one million dollars per occurrence, and shall name the Borough, its officers, assembly members, officials, and employees as additional insureds under the liability policy. At the time of execution of this agreement the City shall provide to the Borough a Certificate of Insurance with proof of such insurance coverage. SECTION 17. SI~VERABILITY. If any section or clause of this Agreement is held invalid by a court of competent jurisdiction, or is otherwise invalid under the law, the remainder of this Agreement shall remain in full force and effect. SECTION 18. IZNDERSTAND~G. The parties acknowledge that they have read and understand the terms of this Agreement, have had the oppommity to review the same with counsel of their choice, and are executing this Agreement of their own free will. SECTION 19. NOTICES. Any notice required pertaining to the subject matter of this Agreement shall be personally delivered or mailed by prepaid first-class, registered or certified mail to the following address' Borough: Kenai Peninsula Borough 144 N. Binkley St. Soldoma, AK 99669-7599 City: [signatures] S:\WPFILES\FILES\ASSEMBLY~NIMAL\DOG.CON Page 6 of 6 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 h,Fi,~' M emoranClum Date' To: From: December 8, 1998 Mayor and City Council Richard A. Ross, City Manager Aviation Consulting Services The City Administration is proposing that we follow the two step procedure recognized by FAA in acquiring consulting services. The first step will be to put out an invitation for statements of interests and qualifications. From the responses received we will select the firm{s} that we believe are qualified to perform the work requested. The selected firm(s) will then be asked to submit proposals as to how they would proceed to accomplish the project, the anticipated time frame to complete, and projections of project costs. Contract negotiations would be entered into with the firm whose proposal was selected. RAR/kh DRAFT 12/7/98 KENM MIJNICIPAL AIRPORT CITY OF KENAI, ALASKA REQ~ST FOR QUALIFICATIONS-AVIATION CONSULTING SERVICES The City of Kenai wishes to retain the professional services of a qualified airport- consulting firm to assist the city in the performance of the following project for the Kenai Municipal Airport: Survey the aviation industry and other appropriate sources and make an assessment of how fimn-e growth of aviation in Alaska could effect Kenai. Provide an assessmem on the ability of the State of Alaska through the Anchorage and Fairbanks Airports to meet the projected growth needs of the industry. Provide an assessmem of opportunities available to the Kenai Municipal Airport in its presem location, as well as those that might be available if the Airport were to be relocated. The above airport project will be ftmded from .local Airport funds but contractor will meet all requirements needed to apply for Federal Aviation Administration (FAA) funding. A statement of your finn's imerest and qualifications regarding this project is hereby solicited. The statement should include: A description of your firms' specialized experience in this type of work, including a list of airports, with the names and numbers of contact persons for which your firm has provided consultant services. Include your experience with FAA regulations, policies and procedures. . Complete resumes of the key personnel your firm will assign to this project and the rote each of them would have in regards to this project. e The geographic location or locations where the majority of this work will be performed. Include information to indicate your firms' knowledge of our local situation. . A description of your finns' current workload and how this project will be prioritized. . A statemem of understanding of this project. Please note this request is for a statemem of imerest and qualifications. A detailed cost proposal is not being requested at this time. Contract amount will be determined through negotiations with the firms selected as finalists by the City of Kenai. Consultant submittals shall be brief and concise, containing no more than 35 pages of material. Consultants will be required to comply with the provisions of 49 CFR 23 encouraging Disadvantaged Business Enterprise (DBE) as required in contracts assisted by the United States DeparUnent of Transportation. The City of Kenai assumes no obligation in the solicitation of this general statement of interest and qualifications and all costs shall be borne by the interested consultants. The City of Kenai will evaluate all pertinem information and will endeavor to select the firm with which it will work from those firms submitting statemems. If a selection is not made on the basis of the qualification statements alone, the most qualified firms will be requested to submit proposals as to how they would complete the project. Questions regarding this request should be directed to Steve Atha, Airport Manager at (907) 283-7951. Six (6) copies of the Statement of Interest and Qualifications should be submitted to Steve Atha, Airport Manager, City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794 no later than February 5, 1999. Sincerely, Steve Atha, Airport Manager INFORMATION ITEMS KENAI CITY COUNCIL MEETING DECEMBER 16, 1998 , , 12/10/98 Public Works Project Status Report. 11/19/98 Sam Stewart, Principal, KCHS thank you letter for participation in Student Government Day. 1999 Gaming Permit Applications a. Fraternal Order of Eagles Aerie 3525 b. Kenai Child Development Center Project status Report A/NC/F/ CityContaet PreJeetName SllI A JL Alaska Regional Fire Training Facility, ARFF A=Active NC=Non-Construction F=Future STIP=State Trans. Imp. KK- Keith Kornelis JL - Jack La Shot RS - Robert Springer MK- Marilyn Kebschull Jet- Jan Taylor Status Building occupied... Training sessions taking place... Symtron ready for final inspection on props... Remaining site work items to be completed in the Spring. A KK Bluff Erosion P/N doing study. A JL/RS Challenger Learning Center Thirty percent design review 11/12/98... KPB to reclassify site...Waiting for site to be transferred to City ownership...City will start CUP in January. A MK Comprehensive Plan $60,000 appropriated in Capital Project Fund. a JL Contaminated Soils- Shop A KK Crow Court Kent & Sullivan preparing reports. Finance preparing appropriating ordinance. A KK Cunningham Park Engineering design ongoing. A JL K.M.A. Taxiway "C" Extension North Final inspection 10/13/98... Only item remaining is sign work... Project in use. A JL Multi-use Facility Waiting for site to be transferred to City ownership. Site parking study completed... Received proposal for NE services...Appropriating money and approving NE award on 12/16/98. a KK STP Expansion/Planning Have received DEC Grant... RFP tentative 1/99. A JL Underground Storage Tank- Airport Tank pull complete...Approximately 300 yds. of soil stockpiled for future cleanup. Draft report has been submitted to DEC. A KK WH I & 2 and Pumphouse Modifications Engineering design is ongoing. Received ADEC grant for additional funding. Thursday, December 10, 1998 Page 1 of 2 A/NC/F/ STII City Contact KK PreJeet Name WH 4 Status Received ADEC grant funding...Contact Borough on land ownership, Swires & Lawton. JL City Maintenance Facility Schematic design complete...awaiting funding. JL New Kenai Health Center Waiting for Borough and State to reach memorandum of agreement... Design RFP's are ready. KK S. Spruce Beach Parking Corps permit process complete...No funding appropriated as yet. Grant application submitted for Exxon Valdez Funds. EVOS Commission did not select project for funding... EVOS director suggests a study. KK South Side Kenai River Road and Parking For Southside dip netters...Submitted grant application for Exxon Valdez Funds...EVOS Commission did not select project for funding. EVOS director suggests a study. MK Title 14 Review Revisions pending 1999/2000 funding. KK Water Quality/Quantity Development Program Waterline loops only remaining project not fully funded. NC JL/RS ADA City Building Study Several items underway... Fire alarm system at Rec Center...Hardware & doors at various facilities...Making one bathroom ADA accessible. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 00 at $250,000...ROW FFY 00 at $100,000...Constr. FFY 01 at $1,400,000. STIP KK DOT- Forest Drive DOT in design stage .... Design FFY 98. Construction FFY 00...Completed the first plans-in- hand review. STIP KK DOT- Unity Trail Pathway Pathway along Kenai Spur from MP 2.8 to 8.1. Design FFY 00 at $200,000...ROW FFY 00 at $100,000...Const. FFY 01 at $1,700,000. 'wednesday, December 09, 1998 Page 2 of 2 KENAI CENTRAL HIGH SCHOOL 9583 Kenai Spur Hwy. - Kenai, Alaska 99611 (907) 283-7524 FAX (907) 283-3230 November 19, 1998 Sam Stewart Principal Hank Ovemu{ Assistant Principal Craig Jung Athletic Director Cathy Zorbas Activity Director Mr. John Williams, Mayor City of Kenai 210 Fida!go, Suite 200 Kenal,'Alaska 99611 Dear Mayor Williams: On behalf of the students, parents and staff of Kenai Central High School, I would like to express my appreciation for all the City of Kenai does to support our educational efforts and programs. Last night I had the opportunity to attend the city council meeting led by students from KCHS in conjunction with Student Government Day. Experiences such as this make classroom lessons more valuable. I am also grateful for the quick response we get from the police and fire departments when called for assistance as well as their visible presence in our school and at our events. The sense of community that exists as a result of this cooperation makes KCHS a better and safer place for students to attend school and for teachers and staff to work. Once again, thank you for your concern about quality education. Sincerely, Sam Stewart Principal SS/cbj HOME OF THE KARDINAL S Alaska Department of Revenue Income and Excise Audit Division PO Box 110420 Juneau, Alaska 99811-0420 Telephone (907) 465- 2320 ORGANIZATION INFORMATION Federal EIN Organ[3ation Naj3~ TYPE OF ORGANIZATION (check one box. For definition see AS 05,15.690) I~ ' Charitable [~1 Civic or Service I~ Dog Mushers Association I~1 Educational ORGANIZED AS [~1 Corporation ~~~, State of Alaska 1999 Gaming Permit Application AS 05.15.020 Fishing Derby Association '!~ Fraternal Labor Municipality Partnership ChecX or, ~~ ~J' Re, Nonprofit Trade Association I~1 Religious Outboard Motor Association I~1 Veterans Police or Fire Department [~ IRA/Native Village Political I~1 Association Snow Machine Classic '~ Contest of Skills Rain Classic TYPE OF GAMES (check all games that you will conduct. For definitions see AS 05.15.690) Bingo /,~ Raffles & Lotteries /~ Puli-Tabs [~1 Dog Musher's Contest [~ Fish DerOies {~ Other PERSONS IN CHARGE OF GAMES. Persons must be active members o! the organization, or an employee of the municipali{y, and designated by the orl:lanization. Members may not be licensed as an operator, vendor, or employee Gl a vendor. Primary Member Name Alternate Member Name ~ Social Security Number IDaytime Telephone Number Social Security r Mailing Address °/~O/0 s,%? z,, coup. City, State and Zip Code Has the alternate member taken and passed the test? ~ Yes I~ No Permit number under which the test was taken. Has the primary member taken and passed the test? p~[ Yes I~1 No Permit number under, which the test was taken. ~ ~- ¢ ,.,P Z-~' THESE QUESTIONS MUST BE ANSWERED. (see instructions) Yes ~ No Has any member of management or any person who Is responsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdic~lon that is a crime involving theft or dishonesty or a violation o! gambling laws? I~1 Yes ~ No Does any member of management or any person who is responsible for gaming activities have a prohibited financial interest as d~finRd hv 1 .~ AAP, 1R(1..q.~5? We declare under penalty of unsworn falsification, that we have examined this application, including any a~1achmenh and that to the best of our knowledge and belief, it is true and complete. We understancl that any false statement made on tfT. is aoolicaOon or a. nv affacnments is ounishaOle Dy law. I Primary Member Signature ' ' ' ' Printed Name Date Ix ,,. ,,_ !President or Vice President Signature (~ee instructions) Printed Name Date IX 1 7~ n~ -7~-/,/V't L.3"T"/.,Z~,k/]~v~l G/~/'~./,p~ ~ l [ f ~ g" ~ ~ Mai I g Address ol~'"mle ce es de t ' DaYtime Tel'ephone I permlt Fee: Check the aPpropriate box and enclose the correct amount. The permit fee is based on 1998 estimated gross receipts. Make checks payable to the State of Alaska [~1 $0- $20,000 or new permit .................. $20 I~ $20,001-$100,000 .................. $50 ~, $100,001 or more .................. $100 See Instructions for mandatory attachments. 04-826 (revised 10/98)front A copy of this application must be sent to all applicable municipalities and boroughs. 1999 Gaming Permit Application Iorganization 'NaJ'ne , Game Type (use for completing information below.) ,, Bingo Deep Freeze Classics Raffles Dog Musher's Contest Puli-Tabs Dog Mushing Sweepstakes Contest of Skills Fish Derbies Canned Salmon Classics ,, Federal EIN JPer~~,Number Goose Classics Race Classics Ice Classics Rain Classics King Salmon Classics Salmon Classics Mercury Classics Snow Machine Classics ACTIVITES CONDUCTED BY ORGANIZATION Facility Name Physical Address /I Game Type Is Facility , , C Own. ~J/ [~1 Leased iL~LJ4/y. /~/{/'/~' .~~~ ~ ~ Donat~ Owned ~ ~~~~ ~ Leas~ ~ Donat~ ,, ~OwneO ~ Leas~ , , ~ Owne0 [~1 Leased Donated Owned Leased Donated Owned I~1 Leased Donated , , ACTIVITIES CONDUCTED BY VENDOR (pull-tabs are the only games a vendor can conduct) Vendor regisrra#on and fee must I~e attached. Name of Vendor Physical Location Vendor Number , ACTIVITIES CONDUCTED BY OPERATOR Name of Operator Physical Location Game Type(s) Operator's License Number ACTIVITIES CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE tName of MBP Physical' Locatio,n , ' Game Type(s) ' "' MBP Number , ,/~ ~ DEDICATION OF NET PROCEEDS; Tl'ie organization must plan to use the ~et proceeds from gaming a~tlvitles for political, educational, civic, public, charitable, patriotic or religious uses in Alaska. (See statutes and regulations for specific rules.) In the space provided, tell how your organization Intends to use the net proceeds from .qamln.q activities. (Be specific) , / . / 04-826 (revised 10/98) back Alaska Department of Revenue Income and Excise Audit Division PO Box 110420 Juneau, Alaska 99811-0420 Telephone (907) 465-2320 ORGANIZATION INFORMATION State of Alaska 1999 Gaming Permit Application AS 05.15.020 Federal EIN - Organization Na~, , ~'llng A~dress ~0 ~ .... : ....... ~. ~PE OF ORGANI~ON (ch~k one ~x. For definition see AS 05.15.6~0) .......... , ~ Ch~it~le ~ Civic or Seace ~ D~ Mushers Ass~ation , ~ E~u~lion~ , ORGANI~D AS ~Cor~ration ' ~ Pamership Zip Code Permit Number Telepll°ne N umb°~.~;~3~.. _~/_ ~ ~ Fax Number E-mail Address Fishing Derby Association I~1 Nonprofit Trade Association a Religious Fraternal I~1 Outboard Motor Association I~1 Veterans Labor {~1 Police or Fire Department I~ IRA/Native Village Municipality I~ Politic'a! Association TYP~ OF GAI~,~3 !c.'-~,-l, ,.,il c~mes that you will conduct. For ..'J:~,;~ ~.ions se.~ ,/,,.-.:. ').5.15.690) I~1 ~;.,'-.:- .: ',~,~;.~tffles" ' --,tier!.;-- ~ Pull-Tab~; I.~. ,'%nter; .,3f Skill.: ~ Dog Mushers Contest ~ rlsn L)erOies ~ Snow MaChine Classic [~1 Rain Classic [~1 Other , , , PERSONS IN CHARG~= OF GAMES. Persons must be active members of the organization, or an employee of the municiPality, and designated bt the organization. Members may not be licensed as an operator, vendor, or emDIoyee of a vendor. Primar.~M~ember Name~ Social Security Number - I Daytime Telephone Number qTq-5'¢- 7~3 ? 177G , ...~.:.._~:~ ,~ , ~it City, Slate ~d Has the primary membgr ta;-,m ~nd passgd th~ tes~? ~ Y~s '~ Nu Permit number uneer whi~ the test was t~en. Alternate Member Name Social Security Number IDaytime Telephone Number .~-'7~-~,c~-- ~ u q "7 ] ~ ~- %~~ ~li~ddress ~ City, Stale ~d Zip Ccde '" Has the ~tern&[e member taken ~d pass~ the lest? ~'~'~ ~ No Permit number under whi~ the test was t~en. ~ ~ ~ .... THE 7- E Q! ......... '~-e '.C' :,~::': ..,,;ST ~'' =; N~;~ERED. ,'-- ~'~ i nst. ruct!~.'-. :: ~ ~.~ Yes '>~ NC, ;-~a[ ar:7 member of ';'=arm,acm:,..- _. ar,'., ,-..- , .;,.;n who Is respo,~slble for gaming activities ever been convicted of a felony, extor[;on, o-- a violation of a k::..~ or ordin:.,nce of tn;', state or another jurisdiction that is a crime involving theft or dishonesty or a violeflon of ,q. an':~:'tn~j I~-;'.vs? Does a~ ;i me~:wer el manag;.,mer~; or ar,),' ;.erson who is, esponsible for gaming activities have a prohibited financial imerest ~.~ dRftnP, d hv 15 AAC ! We declare under penalty of unswom fa/s/f/cation, that we have examined this application, including any attachment, and that to the best of our knowledge and belief, it is. true and comt31ete. We understand that any false statement made on this aoolication or attachments is t~unishable any , by law. , IPrimary/l~ber signature ' ' '''' 't ' ''~ IPr~/Name ~J ~, 7~ IDat~ President Vice President Signature (see instructions} Printed Name I Date ' IMPing Address of Presi~nt or Vice President ' ' ' "' IDaytime Telephone I '-'-'"" '-" '- .... '~ ' / ' ' "'~"' '~' '~:5..\ :'3 ..... I --'.--. '. _) ..... ',~::,."'.~'..,__. i ;.-3 Z. C'".. :.~ . ?,.:.:._ ; 4. ,~ ,.., - . I Permit Fee: Check the appropriate box and enclose the correct amount. The permit fee is based on 1998 estimated gross receipts. Make checks payable to the State of Alaska $0 - $20,000 or new permit .................. $20 [21 $20,001 - $100,000 .................. $50 [21 $100,001 or more .................. $100 I All Permit"tees New Perm#tees [21 Membership List [21 Documentation for 3 years I~l IRS Certificate or tax exempt letter · [~1 ,.PMIC &,AMIC Test I~1 Articles ol Incorporation or bylaws I~1 Separate bank account See Instructions for mandato~ attachments. 04-826 (revised 10/98)front A copy of this application must be sent to all applicable municipalities and boroughs. 1999 Gaming Permit Application IO'r~anization Name . Federal EIN Game Type (use/or completing information below.) '" Bingo Deep Freeze Classics ' Raffles Dog Muslqer's Contest Puli-Tabs Dog Mushing Sweepstakes Contest o! Skills Fish Derbies , Canned Salmon Classics Goose Classics Ice Classics King Salmon Classics Mercury Classics IPermit Number Race Classics Rain Classics Salmon Classics Snow Machine Classics ACTIVITES CONDUCTED BY ORGANIZATION Facility Namo Physicai Address Game Type Is Facility I~ Owned Leased I~1 Donated , I~ Owned I~l Leased I~ Donated I~l Ownea Leased [~1 Donated ~ Owned Leased I~ Donated J~J Owned Leased Donated Owned Leased ACTIVITIES CONOUCTED i~Y VENDOR (pull-tabs are the only games a vendor can conduct) Vendor registration and fee must be attached. Vendor' Number 04-826 (revised 10/98) back ACTIVITIES CONDUCTED BY OPERATOR IName of operator ' Physical Location Game Type(s) , ' Operator's License Number ..... ~CTIV;T~ES C'3I,!D=,JCTED ~v ~U~T{~=LE-BENF~'IC~A~:';' PERMI~EE ~e~~ .... Pnysim L~tion Gme Type(s) MBP Number DEDI~TIO~ OF ~T ~OOfi~DS. Th~ or~ization mu~t ~1~ to u~ tho not pr~o~s ~rom ~min~ activiti~ ~or ~liti~, ~umtion~, patriolle or r~li~iou~ u~ in N~. {So~ ~tatut~s ~ m~ulations ~or sp~ilic rulas.) In tho spac~ provide, t~il how your or~anizal~on Date: Friday, December 11, 1998 Time: 1'14:oo 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 -- For publication on Monday, December t4, 1998. If you have any questions, please contact me at 283-7539. Thanks. Carol PS: Would you call with the amount for publishing the advertisement for letters of interest/resumes for council position please. Thanks. AGENDA KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 16, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, cl. kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes} ITEM C: PUBLIC HEARINGS Ordinance No. 1807-98-- Appropriating $60,000 for the Design of a Multi- Purpose Facility. . Resolution No. 98-86-- Awarding a Contract for Professional Design Services to Architects Alaska/Klauder & Co. for the Project Entitled, "Multi-Purpose Facility" for the Total Amount of $54,458. 0 Resolution No. 98-88 -- Supporting the Efforts of the State of Alaska, Department of Health and Social Services to Obtain Funding for the Construction of a Youth Detention Facility. . '1999/2000 Liquor License Renewal-- Peninsula Oilers Baseball Club, Inc./Recreational Site. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 o *Ordinance No. 1808 -- Increasing Estimated Revenues and Appropriations by $60,000 in the Crow Court Capital Project Fund. . Approval -- Assignment of Lease/Security Assignment of Lease -- Ronald A. Yamamoto to L & M Ventures, Inc. and Michael J. Lott, Natasha L. Lott and Nina Marion/Lot 3, Block 1, Gusty Subdivision. , Discussion -- Designation of Director Appointees/Challenger Learning Center of Alaska. . Discussion-- Proposed Ticket Counter Lease Agreement for New Airline Service-- Airline Support, Inc. 7. Discussion-- Dip Net Fishery 8. Discussion-- Kenai Peninsula Borough Animal Control Ordinance. , Discussion -- Kenai Municipal Airport Request for Qualifications--Aviation Consulting Services -- D RAFT. The public is invited to attend and participate. Additional information is available through the City Clerk's olT~ce at 210 Fidalgo Avenue, Suite 200 or visit our website at http' [/www. ci. kenai, ak. us Carol L. Freas City Clerk MAKE 22 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE' /2//' Mayor and Council Fire Department Police Department Attorney City Manager Finance Clerk Taylor Springer Senior Center Public Works Kim f Library, /~ Airport Parks & Rec. Engineer 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/Soldotna) Bill Iles, HEA KVCC Joan McCoy, ARCO Fax bv regular fax machine: _ _ KDLL, 283-6701 DELIVER Council Packets to Police Department Dispatch desk. The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of the agenda published by the Clarion is faxed before 5:00 p.m. Home Page documents (agenda, resolutions and ordinances for public hearing) are saved as HTML files and emailed and faxed to Bill Grimm on Friday afternoon. Directions are'