HomeMy WebLinkAbout1999-05-19 Council PacketKenai City Council
Meeting
Packet
May 19, 1999
AGENDA
KENAI CITY COUNCIL- ~ULAR MEETING
MAY 19, 1999
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. 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:
o
.
,
.
PUBLIC HEARINGS
Ordinance No. 1826-99 -- Changing Pay Ranges of the Water and
Sewer Operator I and Water and Sewer Foreman in the Employee
Classification List at KMC 23.50.010(d).
Ordinance No. 1827-99 -- Amending KMC 23.55.040 to Increase the
Uniform Allowance for the Fire Department.
Resolution No. 99-30 -- Transferring $3,000 in the General Fund for
the Purchase of Library Computers.
'1999-2000 Liquor License Renewal-- Elks Lodge #2425/Club
ITEM D:
.
2.
3.
4.
5.
6.
7.
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
-1-
b,
Historic District Board
Kenai Visitors & Convention Bureau Board
Alaska Municipal League Report
ITEM E:
1.
MINUTES
*Regular Meeting of May 5, 1999.
ITEM F:
CORRESPONDENCE
ITEM G:
OLD BUSINGS
ITEM H:
o
,
e
.
,
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 1828-99 -- Adopting the Annual Budget for the Fiscal
Year Commencing JUly 1, 1999 and Ending June 30, 2000.
Discussion -- Snug Harbor Leases
Approval -- Alaska Challenger Center Lease
ITEM I:
ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3 .. Attorney
4. City Clerk
5. Finance Director
6. Public Works
7. Airport Manager
ITEM J:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM K:
ADJOURNMENT
-2-
MAYOR'S REPORT
MAY 19, 1999
REGULAR COUNCIL MEETING
ADD AS:
ADD AS: ·
ADD AS:
CHANGES TO THE AGENDA
B-l, Persons Scheduled to be Heard-- Vince
Wagner regarding Cunningham Park Improvements.
B-2, Persons Scheduled to be Heard-- Steve Foster
regarding Multi-purpose Facility/Challenger Site Work
Contract.
H-6, Discussion-- Schedule Board of Adjustment
Hearing regarding denial of Conditional Use Permit by
the Planning & Zoning Commission to Beaverloop
Parmership, Warren H. Polsky, Partnership Manager/
Appellant.
REOUESTED
BY:
City Clerk
City Clerk
City Clerk
CONSENT AGENDA
MAYOR'S REPORT
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CITY OF KENAI
Suggested by:
Administrat ....
ORDINANCE NO. 1826-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CHANGING PAY
RANGES OF THE WATER AND SEWER OPERATOR I AND WATER AND SEWER
FOREMAN IN THE EMPLOYEE CLASSIFICATION LIST AT KMC 23.50.010(d).
WHEREAS, the Water and Sewer Operator I is now required to cross train and be DEC
certified at the Sewer Treatment Plant Operator I level, which is Range 13; and
WHEREAS, the Water and Sewer Foreman pay range should be equal to the Sewer
Treatment Plant Operator II pay range of 14; and
WHEREAS, the Water and Sewer department has taken on the additional duties and
responsibilities of inspecting water and sewer service line hookups, and ADEC water
samples and testing; and
WHEREAS, the recommended changes have been included in the FY2000 proposed
budget;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that KMC 23.50.010{d) be amended to read as follows:
id} PUBLIC WORKS
CLASS CODE CLASS TITLE
RANGE
401 Building Official 15
402 Shop Foreman 16
403 Street and Airport Foreman 15
404 Sewer Treatment Plant Operator I 13
405 Water & Sewer Operator I [12]
406 Mechanic Helper 12
407 Equipment Operator I** 11
408 Mechanic 14
409 Street and Airport Lead Man 12
410 Water & Sewer Foreman [13]
411 Chief Animal Control Officer 11
412 Building Maintenance Technician 11
413 Sewer Treatment Plant Operator II 14
414 Sewer Treatment Plant Operator III 15
415 Assistant Animal Control Officer 9
416 Engineering / Safety Technician 12
13
14
** Duties include any activities directed for maintenance of City
properties in addition to equipment operation.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
1999.
day of May
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:.
Effective:
May 5, 1999
May 19, 1999
July l, 1999
ORDINANCE 1826-99
Page 2 of 2
Suggested by:
Administratio'
CITY OF KENAI
ORDINANCE NO. 1827 - 99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 23.55.040 TO INCREASE THE UNIFORM ALLOWANCE FOR THE FIRE
DEPARTMENT.
WHEREAS, employees of the Kenai Fire Department are required to wear an approved
uniform meeting the requirements of NFPA 1500, the national standard for firefighter
safety; and
WHEREAS, the required uniforms have substantially higher maintenance and
replacement costs than previous uniforms; and
WHEREAS, the current uniform allowance rate is no longer sufficient to maintain nor
replace these required uniforms; and
WHEREAS, this change must be made by ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section I
23.55.040 Uniform Allowance: (a) The following annual
allowances are established to defer the cost of uniform cleaning,
maintenance, and replacement for second and succeeding years of
service'
Police - $600
Fire - [$4o01 $500
Animal Control - $500
Dispatch - $300
Payment shall be made in advance in July
installments.
and
January
Section II
This ordinance shall be effective July 1, 1999.
Ordinance No. 1827-99
Page 2 of 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of May,
1999.
ATTEST:
JOHN J. WILLIAM S,
MAYOR
Carol Freas, City Clerk
Approved by Finance:
(3/25/99) kl
Introduced:
Adopted:
Effective:
May 5, 1999
May '19, 1999
July 1, 1999
Suggested by: Administration
City of Kenai
RE~OLUTION NO. 99-30
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $3,000 IN THE GENERAL FUND FOR THE PURCHASE OF
LIBRARY COMPUTERS.
WHEREAS, two computers used in Library administration need to be replaced
to upgrade to current technology levels; and
WHEREAS, the old computers will be used in the Library for applications more
fitting with the capability of these computers such as replacement of catalog
system terminals; and'
WHEREAS, funds are available for transfer from the Library software account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
General Fund
From: Library- Software
To' Library- Machinery & Equipment
$3,000
$3,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of
May, 1999.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
ka
DEPARTMENT OF REVENUE
ALCOHOLIC BEVERAGE CONTROL BOARD
Carol Freas, Clerk
City of Kenai
210 Fidalgo Ave. Ste. 200
Kenai, AK 99611
Dear Ms. Freas;
TONY KNOWLF~. GOVERN
550 W. 7TH AVENUE, STE. 350
Anchorage, Alaska 99501-6698
Phone: 907-269-0350
Fax: 907'272-9412
April 27, 1999
We are in receipt of the following publication(s) for renewal of liquor license(s) within the City
of Kenai. You are being notified as required by AS 04.11.520. Additional information concerning
f'fling a "protest" by a local governing body under AS 04.11.480 is included on page two.
Club
Elks Lodge #2425
cc'
Linda Murphy
Kenai Peninsula Borough
144 N. Binkley St.
SOldotna, AK 99669
~Y-06-@9 THU 11:55
KENi~I PENN BORO CLERK
F,qX NO, 9072628615
P, 01/01
KENAI PENINSULA BOROUGH
144 N. BINKI. EY . ,~OLOOTNA. ALASKA · 99669-759g
BU;~INE~$~ (g0?) 26~-8608 FAX (907~ 262-8615
EMAIL: a,~sembtycle~k@ borough.kenai.~k.us
LINDA MURPHY, CMC
BOROUGH CLERK
Mi¥ 6, 1999
M~. Donna Johmon
Record~ ~ Licensing Supervisor
Alcoholic Beverage Control Board
550 W. 7th Avenuc
Anchorage, AK 99501-66911
Application for Renewal o£ Liquor Lice~e
Dear Ms. Johnson:
Please be advised that the Kenai Peninsula Borough has no objection to ~hc approval of the
following applicatioa for renewal of a liquor l£¢erme for this estab~en~, located in the City of
Kev. m, Alaska:
Club
ELks Lodge #2425
Th; Kenai Penimula Borough Finance Department has reviewed [ts flies and has raised no objection
based on unpaid or delinquent taxes.
Sincerely,
Linda S. Murpl~y,
Borough. Clerk
CC:
Applicant
City of Kenai
KPB Finance Department
File
LIQUOR LICENSE APPLICATION PAGE 1 O1=2
.o w. ~. ^,,,,,. ~, ~o (Please read se~rate inst~~ions)
.~,~ ~ -.. ~~~a~~~.
~ ~ ~ ~ ;~ ~ ~ Two Y~ ~ ~ - O~ of ~~ ~t ~ ex~ 12 ~t. ~_~.
SECTION B. PREMISES,TO BE LICENSED.
SEC~ON C. RENTAL IN~RMA~ON. U~, ~ ~,~,~/or n~.,
H~ ~en~ preml~ ~em al~hol~ ~vem~n are ~ Hu ~e atat~nt of lin~mt interest
~ f~ ~ ~ Mgmm I~? ..1
~ON D. ~NSFER INFOR~ON, ~~~~
~: ._. ~. _. ..... / · .-.
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'-'. .~ .'":. : ~~ ~~~~~:~~)
'" '~ I ~RE ~~
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SECTION ,F_ CORPORATION INFORMATIQI4, Mu~ t,. eomom.e, iai. ~ c~.o~m .. ~.w~.o.. (~ o~.~ ~.~o)
Omlx)me Name Dok~ BuNne~ M (Businem Name) DMe M Inee~aon in ~
Mnlllng/b~lr.~ 81re~ ~ or Locmlion M Buine~
,
Cl~. ~l~e. ~ ~ Cl~ ~ 8~Me C4Nlx)me Office ~ ~
.
,
,
,
~ CU~,~.~-r . ~..
._
TI. IlS AREA OFFICE USE ONLY
,
Farm 04-901 Page I (Rev &fi)6) .,
. ·
;-. L ?..-._ -
A,...~ uQuOR LICENSE APPUCATION PAGE 2 OF 2
SECTION F. INDIVIDUAL/CORPORATE OFFICER INFORMATION. The ~ Wammm m.m tm mm,me
-Fgll ~ (Oo not u~e Inlli~) ~ Full None (Oo not uge Inlti~)
?.O. Box 2406 " 6:0.~;k Peterson Way '-,
-- - ..... "-o ~i'"
· I , _. ~ '" '
~..
·'~... .' .\!
· "' ' ' ' ' ,
· 3/27/5]. ~,:,2.s'3-~;-~"z l,,~83-879"z i '7/'~7/Sl I '776-8484
i ,-,,,,,, "' ,,--. ,---~ t ,,,m..,,,o.o~,,,--,,,,,,.,,o,,,--,,,,~,.. |,..,~,,,,--,.,~.,,~
I,.,. I ~ . ! ~ ............ ~?;'--:-.t..-~,,~.-~-~.t,a,m,~-4~.. .---, - ...........
/ 6 '.' ! 6 lP=esident/E*a.~ I~~r~'~z'':~'2-~"?;~ ,, , T - ! Secretary
Dave W. Charlesworth q&rj~/< SE"~ ~_.~'r'
P. O .-- Box 3 261 .......... 'i ~.t. ~, r-: L' ...........
, , ,
6/2/46 tZ~3-~,5'~ ~ [ 776-8121
·
NC) I-1 ~S I~ yoe, give ale, nmno o~ t)uotnem, end mtrom. '
- ..
.o
, ..... 1 '~"~ - ~ ...... ~ ..... '- ' ~. ....... · ' ' . '.
fraying filed or since filing (~i'U;le last ~ol:)liCa~:.~. ~has ~ny-in-d~UaJ or COfT)o'r;te ~icer Itatec~ al~e'been con~:tecl'of a feh:~y,.a violat'~ of AS ~,~. or been convtct~,
~ l ~ or m~n~ger of I~ premi~e~ in another state of the liquor laws of that
· ~, ,
, ,
I d~Ol~m under ~1~ o! ~riury ~h~t I h~ve ~x~min~d thi~ ~p~lio~tion, in¢ludin~ th~ ~a~m~nyin~ schedules
I~ o! my kno~l~l~ ~nd b~li®! it i~ true, ~rmet and complete, and thi~ ~lioat~on i~ not in violation o! any ~unty int~m~t or other
I further certify that I have mad ancl am familiar with Title 4 of the Alaska statutes ancl its regulations, and that in accordance with AS
04.11.450, no person other than the applicant(s) or licensee(s) has any direct or inclirect financial interest in the iicensecl business.
I agree to provide all information required by the Alcoholic Beverage Control Boarcl in support of this application.
# epplk~tlon I~ lot e Beverage Dlaper~ or Package Store Itcense, I certtly that each applicant named on this appllcatlon has resided In
lhe etate of Ale.ka tot et leeat one yem prior to ~e date of this application: and/or the applicant ia a corporation registered ancl qualllleel to
de business In the elate of Ala.~ka tm one year prior to the date of this appllcetlon, or all of the ~l~areholders have restcled In lhe state of AI~
lot et Immt one yem prior to the elete of thl~ application.
Sa~NA~(S) OF CUmmNT UC;NSF. S(S) (AePUCAm') S~NATUnF4S) OF TRANSF~FmF.(S)
F~m 04-901 P~ 2 (Rev
e
,lg .
KENAI HARBOR COMMISSION MEETING
MAY 10, 1999
KENAI COUNCIL CHAMBERS
7:00 P.M.
CHAIRMAN WILL JAHRIG
AGENDA
ITEM 1'
CALL TO ORDER/h ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MINUTF~ - April 12, 1999.
ITEM 4:
PERSONS SCHEDULED TO RE HEARn
ITEM 5'
REPORTS
a. Director
b. Dock Foreman
ITEM 6:
OLD BUSINESS
Discussion-- Kenai Coastal Trail/Petratrovich, Nottingham &
Drage, Inc. Proposal.
ITEM 7:
ITEM 8:
NEW BUSINESS
Discussion-- New Rate Schedule
Discussion-- Boat Stora§e Yard/Extension of Conditional Use
Permit
COMMISSIONERS' COMMENTS/QUESTIONS
ITEM 9'
IRFORMATION
a. Kenai City Council Action Agendas of April 7 and 21, 1999.
b. 5/3/99 KK Memorandum regarding Non-exclusive Special Use
Permit/Dock Station No. 1.
ITEM 10:
ADJOURNMENT
RF~ULAR MEETING OF THE CITY OF KENAI
HARBOR COMMISSION
MAY 10, 1999 ~ 7:00 P.M.
KENAI CITY HALL
CHAIRMAN WILL JAHRIG, PRESIDING
Xe
e
®
®
CALL TO ORDER/ROLL CALL
Chairman Jahrig called the meeting to order at 7'00 p.m.
Members present' Eldridge, Wemer-Quade, Clay, dahrig, McCune,
Spracher, Thompson
Members absent: None
Also present-
Dock Foreman Swede Freden, Contract Secretary
Vicki Fruichantie
APPROVAL OF AGENDA
MOTION:
JAHRIG MOVED TO APPROVE THE AGENDA AS
WRITTEN. MOTION SECONDED BY ELDRIDGE. THE
AGENDA WAS APPROVED AS WRITTEN.
APPROVAL OF MINUTES
ae
Regular Meeting of April 12, 1999.
MOTION:
ELDRIDGE MOVED TO APPROVE THE MINUTES OF
APRIL 12, 1999. CLAY SECONDED. MINUTES WERE
APPROVED AS WRITTEN.
PERSONS SCHEDULED TO BE HEARD - None
,
REPORTS
a. Dock Foreman
Dock Forman Freden reported the fiver had changed considerably
and presented photos he had taken of fender piling stubs in the
dock area. He explained he wouldn't be able to use the pilings the
way they are, being bent and damaged. The stubs were located at
the end of the launch ramp. Freden added, he was trying to make
contact with Toloff Crane request their recommendations for
fining the pilings. Freden recommended reinforcing the pilings,
using rebar and filling the pilings with concrete and mesh. He
noted that since the fiver course had changed, the water was
coming up in a different area. Discussion continued regarding
tide flow, the river level, and the course the fiver was now taking.
Freden noted, for two winters there was no ice, and now he found
ten bent fender pilings. Jahrig recommended pulling the two bent
pilings up, cutting them off, and seeing what happens next year.
Freden voiced the need for an engineer to take a look at it and
make recommendations. He pointed out from the photos where
the angles and bends were located in the pilings. Jahrig stated
this was an ongoing problem and would continue to be.
Eldridge asked how many stubs were needed for this season.
Freden replied he needed the crane to reach and set the third one,
aa he could not use the other two. He voiced concern with ice
banging up under the dock because the fuel lines and electrical
wiring was located under there. Freden said he would report back
with the estimate of repair costs, and in the meantime, keep a
close eye on things. Freden stated he would have the launch
ramp floats in place Friday.
OLD BUSINESS
a. Kenai Coastal Trail
Jahrig summarized the contents of Keith Komelis' memo and the
letter from Dennis Nottingham regarding the work to be done and
coat proposals on the Kenai Coastal Trail which were included in
the packet. He explained that now was the best time for the
engineers to conduct their overhead survey as there was less
foliage. Reports on the lineage and property boundaries would
show where properties would need to be reduced and sloped.
Jahrig stated the need for the members to develop a proposal for
the City Council and to recommend what should happen next.
Thompson stated that if the Commission was going to spend the
$53,000 to fred out what the overall project would cost, they
should be prepared to strongly defend that final cost. Jahrig
responded that he had spoken with the Mayor and City Manager
Ross, who think this was a good project.
Jahrig mentioned he had attended the Shorebird Festival in
Homer and felt Kenai needed a viewing area. Eldridge agreed,
and discussion followed regarding plans for a bike path and
overlook. Jahrig stated his feelings that the urgency of this
project needed to be emphasized to the council. Jahrig mentioned
funding was needed to enhance the local habitat and eco-system,
which would help draw people to the area. Eldridge stated he had
invited a Wildlife Refuge officer to speak to the Rotary Club and
the Ranger said the same things; the wildlife Mewing area was
right here. Freden added, people come every day to the City Dock
I-~RBOR COMMISSION MEETING MINUTES
MAY 10, 1999
PAGE 2
®
and ask what wildlife is out in the mouth of the fiver and what
they can expect to see. He stated that visitors' interest and
questions are constant during the tourist season, which had
already started.
Spracher suggested the City have a sample tape to view. Jahrig
recommended the Commission keep pushing for the project.
Wemer-Quade stated the Commission should take an active
approach, showing what restoration could do for the area. Jahrig
agreed, stating the project could help to build up local businesses
on the bluff such as B & B's, the potential for a restaurant, for
people to visit the bluff, and allow the property to stabilize so
people can look to future usage. Jahrig also stated the project
could help breathe some life into Old Town Kenai. Spracher
suggested the opportunity for novelty shops to be located there as
well. Jahrig stated that tax-wise, this project would help bring
property values up and improve the economy. He added, the
project had the potential to improve the zero growth rate in Kenai
and tourism. Eldridge emphasized the need for the survey, design
work and cost estimate, as well as the public hearings.
MOTION:
ELDRIDGE MOVED TO RECOMMEND TO THE CITY
COUNCIL TO PURSUE THIS PROJECT PROPOSAL AND
FIND THE FUNDING FOR IT AND PROCEED.
SPRACHER SECONDED. THERE WERE NO
OBJECTIONS. MOTION PASSED UNANIMOUSLY.
NEW BUSINESS
a. New Rate Schedule
Jahrig referred to the Items for Discussion memorandum from
Komelis included in the packet. He noted, he had no problems
with the fuel costs, explaining that gas prices would be lower and
diesel would remain the same.
Freden Observed Item # 1, Boat Launch Ramp fee, that $10 is the
usual fee on other launch ramps. McCune stated the fee should
remain at $7 because the City Dock was competing with up-river
launches where the fish were and there were more things to do.
Thompson mentioned there was a price increase two years ago
and felt the increase could be delayed for a year. Freden
mentioned there would probably be the same amount of money,
but less people. Many people will not pay the fee.
Eldridge suggested an increase from $60. to $75 for a seasonal
pass. Wemer-Quade brought attention to the recommended jump
in price from $60 to $100. She suggested $7 and $75 for the
HARBOR COMMISSION MEETING MINUTES
MAY 10, 1999
PAGE 3
Launch fee and Season Pass.
a State Launch fee.
Clay noted he had just paid $75 for
Freden stated he had approximately three to four people a year
use the skiff fie-up. Eldridge suggested $70/Seasonal, and $7 Tie
up fee. Wemer-Quade stated $75 was easier to remember.
MOTION:
ELDRIDGE MOVED TO LEAVE THE LAUNCH RAMP FEE
AT $7; INCREASE THE SFASONAL PASS TO $75;
INCREASE THE TIE-~ FEE TO $75/SEASON; AND
INCREASE THE BUOY TIE-UP FEE TO $7/DAY.
MCCUNE SECONDED THE MOTION. THERE WE~ NO
OBJECTIONS. MOTION PASSED UNANIMOUSLY.
Discussion followed regarding the three-foot drop off on the
launch ramp of the City Dock. Freden stated he could put a buoy
out to mark the area. Eldridge suggested he put up a caution
sign or a sign that reads "NO Wheels Past This Point" so users
wouldn't back up too far when launching.
Boat Storage Yard/Extension of Conditional Use Permit
Jahrig referred to Komelis' May 3rd memo regarding Snug Harbor
Seafoods requesting a one-year extension on the existing permit.
Eldridge asked if the Commission should consider raising the
price of the permit fee. McCune stated, in other communities the
rate is between $.05 and $.08 per square foot. He also pointed
out that boat storage would become more of a problem over time
and eventually interested parties may want to place bids for the
space. He mentioned that Snug Harbor had been a good tenant
and ran a good clean show.
Jahrig suggested increasing the fee to $500 per month. Eldridge
recommended the increase for the next year during the extension
period, but pointed out the need to express the intention to
increase the fee in order to be up to the current market rate.
Freden mentioned that other places charge more, which could be
easily verified.
Jahrig mentioned that other entities might want storage but the
dock did not have the room or area available to do that. He Went
on to explain that expansion is not possible due to the wetlands
arcao
MOTION:
ELDRIDGE MOTIONED TO EXTEND THE EXISTING
SPECIAL USE PERMIT FOR ONE YEAR, RAISING THE
PERMIT FEE $.02 PER Si~UARE FOOT THIS YEAR; AND
GMNG NOTICE TO SNUG HARBOR THAT NEXT YEAR
HA~OR COMMISSION MEETING MINUTES
MAY 10, 1999
PAGE 4
THE FEE WOULD INCREASE TO FAIR MARKET VALUE
UNDER A TWO-YEAR LEASE. WERNER-(}UADE
SECONDED THE MOTION. THERE WERE NO
OBJECTIONS. MOTION PASSED UNANIMOUSLY.
Se
COMMISSIONERS' COMMENTS! QUESTIONS
Commissioner Thompson asked Freden about the crane to be
rented. Jahri§ referred to the Item 9.b. on the A§enda, and
discussion ensued re§ardin§ the 5 / 3 / 99 Memorandum.
Commissioner Thompson su§§ested a resolution to wish Mayor
John Williams a Happy Birthday from the Harbor Commission.
MOTION:
THOMPSON MOVED TO PREPARE A RESOLUTION TO WISH
MAYOR JOHN WILL~S A BELATED HAP~ BIRTHDAY AND
A JOB WELL DONE. MOTION PASSED UNANIMOUSLY.
Commissioner Eldridge asked Jahri§ about drawin§s Komelis
offered as su§§esfions for the boardwalk. Jahri§ stated he would
press the issue when Komelis returned and would discuss the
subject with him at the next meetin§. Jahri§ recounted his visit
to the Homer slough area, explainin§ the floatin§ walkway there
and how it was built. He stated the need for somethin§ similar in
Kenai for wildlife viewin§. Eldrid§e su§§ested taldn§ photos of
wildlife and the exisfin§ area to emphasize the need for a viewin§
ar~ao
Commissioner Werner-Quade suggested creating an Intemet
Portfolio which would reach world wide and catch the attention of
as many people as possible. A general discussion followed
re§ardin§ photographs available of the numerous shorebirds and
wildlife in the Kenai area. Wemer-Quade also stated a hard copy
Harbor Commission photo album would be helpful to present to
the City Council as well. She requested commissioners to bring
photos to the next meeting.
Commissioner Clay suggested getting local Boy/Girl Scouts to
make nesting boxes for the shorebirds.
Commissioner Eldridge suggested making a flyer with a
panoramic view of the flats with the volcano in the background.
Chairman Jahrig said he would bring in photos of the walkway in
Homer, stating that a precedent had already been set.
Commissioner Werner-~uade mentioned the Commission should
really be responsible with monitoring funds and beware of
HARBOR COMMISSION MEETING MINUTES
MAY 10, 1999
vendors overcharging for services. Eldridge agreed, stating the
Commission really wanted to pursue this project and the Mayor
had voiced he did too.
Commissioner Clay stated that a benefit of the Trail project
would be to help save property.
Chairman Jahrig announced the next Harbor Commission
meeting would be held June 7, 1999.
9. INFORMATION
Kenai City Council Action Agendas of April 7 and 21, 1999.
5 / 3 / 99 KK Memorandum regarding Non-exclusive Special
Use Permit/Dock Station No. 1
10. ADJOURNMENT
MOTION:
ELDRIDGE MOVED TO ADJOURN. MOTION SECONDED
BY CLAY. THERE WERE NO OBJECTIONS. MOTION
PASSED IINANIMOUSLY.
The meeting adjourned at approximately 8:25 p.m.
Minutes transcribed and prepared by:
Vicki Fruichantie, Contract Secretary
HARBOR COMMISSION MEETING MINUTES
MAY 10, 1999
PAGE 6
KENAI LIBRARY COMMISSION
KENAI COMMUNITY LIBRARY ACTMTY ROOM
AP~L 6, 1999 ~ 7:30 P.M.
AGENDA
ITEM 1'
CALL TO ORDER/h ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3'
APPROVAL OF MINUTES -- March 2, 1999
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5-
REPORTS
Director
Friends of the Library
Public Relations Committee
ITEM 6'
OLD BUSINESS
,,,
New Library Director
ITEM 7:
,, ,
NEW BUSINESS
Volunteer Reception
ITEM 8:
COMMISSIONERS' COMMENTS/QUF~TIONS
ITEM 9'
INFORMATION
Kenai City Council Action Agendas of March 3 and 17, 1999.
ITEM 10:
ADJOURNMENT
REGULAR MEETING OF THE CITY OF KENAI
LIBRARY COMMISSION
MAY 4, 1999 ~ 7:30 P.M.
KENAI COMMUNITY LIBRARY ACTMTY ROOM
CHAIRMAN BOB PETERS, PRESIDING
ITEM 1' CALL TO ORDER/ROLL CALL
Chairman Peters called the meeting to order at 7:32 p.m.
Members present- Bob Peters, Vince O~eilly, Janice Rodes, Student
Representative Mehnda Hating, Carol Brenckle,
Members absent: Kathy Heus, Lorrene Forbes
Staff: Eva Jankowska
Also present: Emily DeForest, Councilman Joe Moore, City Clerk
Carol Freas
Ewa Jankowska was introduced as the new Director.
ITEM 2: APPROVAL OF AGENDA
BROWN MOVED TO APPROVE THE AGENDA AS WRITTEN.
HARING SECONDED. THE AGENDA WAS APPROVED AS WRITTEN.
ITEM 3' APPROVAL OF MINUTES
a. Regular Meeting of April 6, 1999
Brown questioned the wording on page 4 and noted the sentence
should read "...the Library, s share of receipts from the recently held
Writer's night was $437.50..." Brown requested the change be
made.
BRENCKLE MOVED TO APPROVE THE MINUTES OF APRIL 6 AS
AMENDED. BROWN SECONDED. THERE WERE NO
OBJECTIONS. MINUTF~ WERE APPROVED AS AMENDED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
a. Corey Hall
DeForest reported for Hall that an average of 25 patrons per night
visited the library during Turnoff TV Week. She also noted,
the First Annual Young Writers' Workshop went very well. There
were four presenters. Some of the $5,000 budgeted for juvenile
programs (in the Library budget) was used to cover costs of the
workshop (and other activities). Other juvenile programs the have
and will be used for included other workshops, imschool services
and Mystery Night, etc. Hall was complimented by the Commission
and past and present directors.
ITEM 5' REPORTS
a. Director
New Director Ewa Jankowska reported it was her second day on the
job, and that DeForest had been teaching her the previous week.
DeForest added there were many odds and ends for Jankowska to
learn, which would come in time.
DeForest also noted there had been a decrease in check-outs in
April.
b. Friends of the Library
Brown announced the Friends would be holding a book sale June
4th through 6th inside the Library. A pre-sale for Friends would be
held on Friday night (dune 5). The sale would be open to the public
Saturday and Sunday. The sales usually bring in approximately
$1400-$1500 and sales are held twice a year.
It was also reported the templates had been completed for the new
banner and the fabric had been ordered.
c. Public Relations Committee - No report.
ITEM 6: OLD BUSINESS
Peters announced Commissioner Forbes had compiled information
returned with the 1999 Library Patron Surveys. He noted, 250 surveys
were mailed to both users and non-users of the library. Copies of the
survey findings were distributed to the Commission members. Peters
noted interesting comments had been made regarding the library
expansion. He suggested Commission members review the information
and comments, as they would be valuable for future reports. Peters
commended Forbes for the outstanding work she did on the Patron
Surveys.
KENAI LIBRARY COMMISSION MEETING MINUTES
MAY 4, 1999
PAGE 2
ITEM 7: NEW BUSINESS
a. City of Kenai Budget
Peters reminded the Commission $25,000 had been placed in the
draft Library budget to use for hiring someone to help with
fundraising for the proposed expansion. He noted, the Mayor and
City Manager agreed funding should be brought forward at budget
time. Because the Legislature was considering the elimination of
Municipal Assistance and Revenue Sharing funds to the
municipalities and because Council had already decided not to hear
requests for donations from nomprofit organizations to be included
in the budget, he felt it would be unlikely Council would allow the
$25,000 to remain in the budget. He added, the Commission could
make a request at the budget hearings not to remove the $25,000,
however he thought it better not to have negative comments
regarding the $25,000 on the record. Peters added, if funding did
come from the Legislature, making the request for the funds could
be reconsidered.
DeForest confn'med, the City Manager had recommended the
$25,000 be removed from the budget. Peters added, the
Commission could continue looking for someone in the community
interested in helping with fund raising efforts at no cost.
Haring asked why the budget had to be cut 100%. Peters answered,
even if the City Council gave $15,000 the Library would have to
generate more funding to make up for the $10,000 difference.
Jankowska asked how much more money would be needed for the
addition. Peters replied, approximately $2.2 million was needed to
build the proposed addition. 13renckle suggested individuals could
include the Kenai Community Library in their wills as a fundraising
method.
O~Reilly gave a summary of the budgetary processes involved, stating
the position the Library was in was accurate. He also pointed out
that Legislators in'Juneau were having a huge problem with the
State budget, which would mean a reduction in funding to
municipalities. O'Reilly mentioned sales tax revisions and fish tax
receipts would also be affected. O'Reilly noted, his conversations
with the city manager and Peters, indicated the $25,000 was
vulnerable, in view of problems the Council was facing, i.e., cutting
services and personnel, etc.
O'Reilly stated, his and Peters' judgment was it didn't make sense to
push for the funding due to the budget situation. He voiced
frustration that the Patron Survey was done to fred out the needs for
~NAI LII3~RY COMMISSION MEETING MINUTES
]~/[~V z[ 1QQQ
expansion, but the expansion would not be moving forward. O~eilly
suggested Jankowska may have some new thoughts on the
problems. He added, he didn't want to make a presentation to the
Council and get a "no" vote, which would then be on record.
Politically, that would be hard to turn around.
O~Reilly said he had the highest respect for the Friends who had
raised $46,000 for the Building Fund as well as continuing to
support the Library through purchase of equipment and periodicals,
etc. for the Library. Rodes stated she would help with fund raising if
someone could guide her.
O'Reilly stated that, after determining the need for the library and
then found a fund raiser, there would probably be some City
involvement, i.e. cost of running an expanded library. He noted, he
didn't want to ask council for anything at this point. Rodes asked if
research could be done without taking it to the Council. Answer
was yes.
Peters stated at the last budget work session it had been discussed
of whether funds from the state would be cut, if cuts would be. made
to the city budget, etc. and if other funds are received from the state,
would other items be replaced. He added, the comments were any
additional funds coming in from the state would be added to the
deficit. Moore stated that was why the budget work session
scheduled for Monday, May 3 was postponed to May 10; council
hoped to have additional information from the state by that time.
Moore stated the proposed city budget was very conservative.
O~Reilly noted, the City Manager said any additional funds coming in
would be used for higher priorities than fund raiser requests. Moore
noted, the request for a fund raiser was the only item in the budget
which had matching funds already available.
Peters stated he would rather give up the expansion fund-raiser
than cut personnel or Sunday hours. He added, the survey
substantiates the desire for Sunday hours. City Manager said the
request for a fund raiser could be presented later in the year if funds
were available and council was more receptive. O'Reilly felt the
future of the library depended on Jankowska's perspective, i.e.
computers, books, etc. and suggested the Library may need a
smaller expansion.
Jankowska explained that New York libraries were adding space to
libraries to house computers to teach patrons how to use
computers. She added, the expansion for services includes
computers, not just books. She stated she would need to get to
know the community. She added, there was a possibility funds
KENAI LIBRARY COMMISSION MEETING MINUTES
MAY 4, 1999
PAGE 4
could be raised through the Bill Gates Foundation for computer
equipment or other possibilities to add to the fund. However, to
expand library services may require more space. O'Reilly asked
what type services should be available for a city the size of Kenai.
Jankowska responded that more research would be needed for her
to answer that question. O'Reilly suggested the Library should stay.
in a hovering position until it was known what funds were available
from the City's budget. There were no objections from the
Commission.
Brenckle stated the Friends could keep the idea alive and could still
have special fund raisers. Moore suggested the Commission could
request the City Manager to remove the request for the $25,000
prior to the budget work session. DeForest stated the City Manager
had already recommended the funds be removed. She added, he
also recommended three new computers also be removed.
DeForest explained $20,000 was included in Machinery and
Equipment for the upgrade to the Dynix service. Jankowska stated
the company would no longer support the dumb terminals and it
was crucial to get the $20,000. Next year she would like to get
another module for people to access the Library through the Web.
She stated it would be better to get both in two different budgets.
O'Reilly repeated that he did not want the Council to go on record
saying no to the proposal.
The Commission's consensus was to wait and see but the interest
for expansion continues to exist and the dedication of The Friends of
the Library continues to exist.
ITEM 8: COMMISSIONERS' COMMENTS/(~UESTIONS
Commissioner O'Reilly stated it had been a good meeting and he was
happy DeForest attended.
Commissioner Hating welcomed Jankowska.
Commissioner Brenckle stated she was happy Jankowska was in
attendance, as well as DeForest. She congratulated Ha. ring on her hire
as a page in Washington D.C. for Senator Murkowski.
Commissioner Peters welcomed Jankowska, stating he thought she
would do frae, and echoed Brenckle's congratulations to Hating as well
as being Junior Princess at prom. He stated Hating would be the
student representative next year and would give next year's Patron
Survey at KCHS also.
KENAI LIBRARY COMMISSION MEETING MINUTES
MAY 4, 1999
PAGE 5
ITEM 9: INFORMATION- None
ITEM 10: ADJOURNMENT
BROWN MOVED TO ADJOURN. O'REILLY SECONDED. THERE
WERE NO OBJECTIONS. THE MOTION PASSED UNANIMOUSLY.
The meeting adjourned at approximately 8:40 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
KENAI LIBRARY COMMISSION MEETING MINUTES
MAY 4, 1999
PAGE 6
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
(907) 283-4378
REPORT FOR THE MONTH OF APRIL 1999
Circulation
Adult Juvenile Easy Books
Fiction 2349
Non-Fiction 2312
Periodicals 129
515
443
Kits Puzzles Phonodiscs
13 5 3
1814
410
Cassettes Videos Intemet Access Equipment
169 816 826 116
Total Primed Materials .. 7981
Total Circulation .. 9929
Additions
Docs Adult Juvenile
Easy Books VC
Gifts 7 40 4 17 6
Purchases - 112 23 27 2
27
Total Additions .. 7 152
44
Interlibrary Loans
Ordered
Received
Returned
Books 34 26 26
Imerlibrary Loans by our Library .. Books 28
Volumeers
Number.. 22
Total Hours.. 197
Income
Fines and Sale Books
Lost or Damaged Books
Xerox
·
$1,641.58
204.34
348.75
Total Income for April, 1999 ...... $2,194.67
Library Cards Issued March, 1999
Kenai 68
Kasilof 1
Clam Gulch 1
Nikiski 23
Ninilchik 0
S°ldotna 24
Sterling 8
Temporary 10
Other 1
Total 136
Library Patronage ...... 9191 Persons
KEN~ PARKS & RECREATION COMMISSION
AGENDA
MAY 6, 1999
CITY HALL COUNCIL CHAMBERS
CHAIRMAN RICHARD HULTBERG
ITEM 1'
CALL TO ORDER/h ROLL CALL
ITEM 2'
AGENDA APPROVAL
ITEM 3'
APPROVAL OF MINUTES - April 15, 199~
ITEM 4-
PERSONS SCHEDULED TO BE HEARD
ae
Nate Kiel-- Multi-Purpose Facility
ITEM 5:
OLD BUSINESS
ao
Discussion -- Community'Interest Survey
Discussion -- Cemetery Clean-Up
ITEM
NEW BUSINESS
a.
Discussion -- Summer Maintenance Schedule
ITEM 7:
DIRECTOR'S REPORT
a.
Spring Clean-Up Projects
Sears Elementary/Bernie Huss Fitness Trail
ITEM 8:
OUESTIONS/h COMMENTS
ITEM 9-
CORRESPONDENCE
ITEM 10:
PERSONS PRESENT NOT SCHEDULED TO _HR HF-_AI~r)
ITEM 11'
INFORMATION
a.
Council Action Agendas of April 7 and 21, 1999.
Beautification Committee Minutes of April 13, 1999.
ITEM 12'
, ,
ADJOURNMENT
CITY OF KENAI
PARKS/k RECREATION COMMISSION
KENAI CITY COUNCIL CHAMBERS
MAY 6, 1999 - 7:00 P.M.
CHAIRMAN RICHARD HI~TBERG
MINUTES
Xe
CALL TO ORDER
Chairm~ Richard Hultberg called the meeting to order at 7:10 p.m.
a. Roll Call
Members Present: Kelly Gilford, Ron Yamamoto, Jack Castimore,
Dale Sandahl, Richard Hultber§, Tim
Wisniewski
Members Absent: Matthew Peters
Others Present:
Councilman Bill Frazer, Parks and Recreation
Director Bob Frates, Contract Secretary Barb
Roper
be
AEenda Approval:
Agenda was approved as presented.
Approval of Minutes - April 15, 1999
Frates noted a correction on page 3, Item 8, Commissioner
Wisniewski comments. The last sentence should read, "Frates
answered he thought that would happen."
Minutes were approved as amended.
e
PERSONS SCHEDULED TO BE HEARD:
Nate Kiel- Multipurpose Facility
Kiel provided a report on the status of the multipurpose facility by
stating the site-clearing contract was awarded to Jackson
Construction and work had begun. The contract included site
clearing and utilities for both the multipurpose facility and
Challenger Learning Center.
Kiel reported the bids for construction of the multipurpose facility
came in higher than expected. The City Council voted to set aside
'5.
the $730,000 already tagged for the facility. Those funds will
remain in place until the additional funds of $250,000 can be
found. Kiel indicated a meeting would be held on May 10 to
discuss possible funding sources from both the public and private
sectors.
Discussion took place on the design of the facility and Kiel noted a
decision was made to not make any cuts in the original design.
Discussion also took place on whether or not the facility could be
a profitable venture for the City. Kiel was positive the facility
would be profitable because of the excellent design. Kiel reported
his group had discussed operating the facility following the same
concept as the Kenai Golf Course.
OLD BUSINESS:
Community Interest Survey
Frates reported a meeting to finalize the survey 'was scheduled for
May 7 with the City Manager. Additionally, he took the
suggestions from the Commission and made the opening letter for
the survey more personal and added comment lines under each
section.
Cemetery Clean-Up
Frates reported the cemetery clean-up was scheduled for
Thursday, May 20, 1999 at 5:30 p.m. The Lions Club would again
assist in this effort. The Boy Scouts will assist the Beautification
volunteers in planting. Hot dogs and sodas are to be provided.
Frates expressed concern with the amount of snow still in the
cemetery and hoped that it would be gone by clean-up day.
Wisniewski indicated there were several graves needing leveled.
NEW BUSINESS:
a. Summer Maintenance Schedule:
Frates provided a slide presentation to highhght the maintenance
projects scheduled for the summer.
Sidewalks: A seriOus attempt was being made to clean the
sidewalks and bike paths but the Department was having a lot of
maintenance problems with the sweeper. As a result, workers
were relying on the use of a sprayer that was very difficult and
cumbersome to use. Frates reported he was investigating sharing
some money with Public Works to rent a bobcat at $250.00 per
day to finish the cleaning. The work should be completed by May
Parks & Recreation Commission Meeting
May 6, 1999
Page 2
8, 1999. When asked how often the cleaning took place during a
season, Frates stated the sidewalks were done once and the bike
paths were done semi-routinely. Frates indicated he would like to
purchase a new sweeper next year.
Banners' There were eight to ten banners that had to be replaced
and the new ones were more intense and sturdy. Frates expressed
appreciation for the work by Helen Brown as she was very
dedicated to this project and had put in endless hours on the
banners. Parks and Recreation would begin hanging the banners
the latter part of next week.
Bernie Huss Fitness Trail: The first grade classes from Sears
Elementary will walk through the Bernie Huss Fitness Trail on
May 7th to pick up litter. This same group plans to do some
planting at the end of the school year at the entrance of the trail.
Discussion took place on planter boxes and Castimore indicated
he had some boxes available if the kids wanted to use them.
Hultberg reported they still had plans for building boxes with
Sawmill Bill; this would probably be done in the fall.
Little Leal~ue Field: Field maintenance would begin shortly.
Frates reported that May 15~ was the Little League clean-up day
in Kenai. Parks and Recreation would help to facilitate this effort.
League begins May 17th with opening ceremonies on May 20th.
Discussion took place on Little League's dissatisfaction w/th City
Council's decision not to fund the improvements to the field. Little
League was told they need to seek funding to assist with the field
maintenance items. A representative from MAPCO wanted to
make a donation to Little League at the "Get to Know Kenai"
function.
Frates reported a meeting was held with City Administration and
members from Little League. There's interest in taking care of the
electrical needs on the field and the building.
Bie Toy Installation' There are two big toys left to be installed.
One will be placed at the Little League field. Frates stated the only
remaining structure was at the Offer Park. Discussion took place
on why that structure was even placed at Offer Park by Parks and
Recreation when the Offers lease the property. It was noted the
Offers should be responsible for taking care of the replacement.
Frates indicated Parks and Recreation maintained it by tightening
bolts, adding sand, removing vandalism, etc. Frates suggested the
big toy not be replaced. Sandahl stated he didn't think Parks and
Recreation should be doing any type of maintenance on a leased
piece of property. Frazer asked if the Offer Park lease was similar
Parks & Recreation Commission Meeting
May 6, 1999
Page 3
to the golf course with regard to maintenance. He noted the City
did not provide maintenance on the golf course. Frates is to do
more research on the issue.
Dust Bowl: Frates indicated this area had him a bit nervous as
the first game was scheduled for May 18th and the field was
needing to be cut. Castimore stated the area was vandalized quite
heavily in the last two years and asked if Parks and Recreation
had time to go back in to put the backboards back up. Frates
replied, the w/nd was responsible for a lot of the damage,
including the two dug outs which were knocked over. Unocal's
summer maintenance group reconstructed these and the field was
back in shape.
FAA Field: Pop Warner is very interested in using the field again
this year. They didn't use it as much as anticipated last year, as
there was no desire to bring the kids down from Anchorage to play
on one field. The field was needing a lot of attention including
1/ming, fertil/z~g, aerating, re-seeding, etc. The low spots were
leveled last year. Pop Warner wants to change the orientation of
the goal posts by perhaps running them from east to west. Frates
stated the field was 80 yards at this time and they need 100 yards.
Cunningham Park: Work on the park began two weeks ago and
the root logs were being placed. They anticipate a July 1
completion date. Public service announcements were being made
to notify the public of the park closure.
Erik Hansen Scout Park: The wallavays have been installed.
Alaska Road Builders donated the hexagon-shaped rock in the
park. Frates reported, Chris Walker from Kenai Middle School
had taken a keen interest in the park and volunteered to help with
the planting. It was anticipated the park would be completed by
the end of the summer. Discussion took place on keeping people
'out of the park during construction and Frates indicated the area
would be roped off. It was also suggested signs be placed. Frates
reported the sign for the park had been received and would also be
installed this summer.
Discussion took place on a pole located next to the park.' Frates
reported, HEA was going to remove the pole after their work was
complete in the area, which should be soon.
Cemetery Frontage: Discussion took place on the entrance of the
cemetery and Frates suggested that some landscaping be done in
the front by placing erosion control matting, something that would
hold the soil, seed and moisture. This area would be difficult to
water. The Beautification Committee recommended planting
grass, placing low growing bushes, rose bushes, etc.
Parks & Recreation Commission Meeting
May 6, 1999
Page 4
Handicap-Accessible Trail System: Work on Phase III of this
project would begin in early July. New picnic tables and barbecue
pits were placed last year. The Park entrance needs some work in
order to make it a little more presentable. Frates reported that he
was searching for a handicap-accessible port-a-potty which are
difficult to come by. This port-a-potty would be placed on the trail
system.
Sandahl stated he was appalled at how some people trash the
parks and their total lack of pride in the State. Discussion took
place on the community service program and Frates indicated he
gets calls frequently regarding individuals having a requirement to
work a certain number of hours.
Volleyball Site' The volleyball site should be completed and
ready for use in July. A reservation for its use was made for the
end of July.
Spruce Street Parking: The parking lot at the end of Spruce
Street will be expanded. Preliminary.surveying has already been
done. City Administration is already looking at different parking
scenarios for the dipnet season. Gifford asked if there would be a
charge for parking in the area. Frates responded, that may be
considered and a recommendation would be made to the City
Manager.
Frates indicated the trail to the beach would be redirected and
should be ready by dipnet season.
Offer Park Frontage' Landscaping of this area is to begin in July.
Parks and Recreation will do the initial work and the Oilers would
be responsible for maintaining it. The Offers are working w/th the
City on this project. Yamamoto stated there was no respect for
the park so it will be treated poorly.
Lawton Street: Frates stated there were a lot of beetle kill trees
down past the golf course on Lawton Street that needed to be
removed. The issue would be addressed very shortly.
Leif Hansen Park: The Beautification Committee recommended
rose bushes be planted at the end of the park.
MAPCO' MAPCO requested concrete planters be placed at the
intersection by their business. Frates stated this request would
be considered.
Parks & Recreation Commission Meeting
May 6, 1999
Page 5
®
®
Mission Street: Hanging baskets will be hung from the light posts
on Mission Street. Frates thought this would add a lot of appeal
in Old Town. It was noted these planters would probably have to
be watered daily.
Softball Greenstrip Shelter: Parks and Recreation was
considering some plant material at the softball greenstrip shelter
and restroom.
DIRECTOR'S REPORT:
Spring Clean Up Projects
City clean-up is May 3 through May 8. Some of the Beautification
volunteers have already been out but it was likely there would be
a delay in the perennials this year due to the cold temperatures.
Frates reported that two summer employees had been hired and
were busy placing trash receptacles. The bathrooms in the parks
have been cleaned'and are open. Frates noted there was no
vandalism or graffiti in any of the parks this year.
The Beautification Committee will hold a Volunteer Orientation on
May 1 1. Invitations were handed out to Commissioners.
be
Sears Elementary / Bernie Huss Fitness Trail
Discussed under New Business, item a.
QUESTIONS/h COMMENTS:
Commissioner Sandahl stated he appreciated the slide presentation as
a lot more was accomplished than if the group drove around to the
different sites.
Commissioner Yamamoto expressed his appreciation for the slide
presentation.
Commissioner Wisniewski stated the bike trails were cracking and are
in poor condition. It was noted the bike trails in other locations such as
Anchorage, Wasilla, Palmer, etc., were in better condition as they have
been excavated.
Wisniewski asked if the Girl Scout group would again work on the Bernie
Huss Fitness Trail. Frates responded they weren't contacted as it was
likely they achieved their goal with the work they accomplished last year.
Parks & Recreation Commission Meeting
May 6, 1999
Page 6
10.
12.
Wisniewski asked about the status of Beaver Creek Park. Frates stated
the park was in good condition as there was no vandalism at all this
year. The road to the park, however, was a real mess.
Chairman Hultberg thanked Commissioner Sandahl for coveting for him
during his absence.
Councilman Frazer announced a budget work session was scheduled
for Monday, May 10. Proposed cuts would be discussed.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD: - None
INFORMATION:
Council Action Agenda of April 7 and 21, 1999
Beautification Committee Minutes of April 13, 1999
ADJOURNMENT:
Meeting Adjourned at 8:30 p.m.
Minutes transcribed and prepared by:
Barbara Roper, Contract Secretary
Parks & Recreation Commission Meeting
May 6, 1999
Page
CITY OF KENAI
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
April 28, 1999 - 7:00 p.m.
http://www.ci.kenai.ak.us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: April 14, 1999
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
4. PUBLIC HEARINGS:
a. Conditional Use Permit - Storage Yard, for the property described as approximately
1801 Cone Avenue. (Described by the legal description KN T05N R11W S02
BEGINN~G AT S 1/4 CORNER OF SEC 2 TH WEST 990 FT TH NORTH 330 FT TO
THE POB TH NORTH 330 FT TH WEST 660 FT TH SOUTH 330 FT TH EAST 660
FT TO THE POB.) Application submitted by Beaver Loop Partnership, Warren H.
Polsky, Partnership Manager, 4150 Vista Court, Anchorage, Alaska 99508.
5. NEW BUSINESS:
a. * PZ99-13--Home Occupation Permit - Permanent Hair Removal for the property
described as Lot 6, Block 1, Thompson Park Subdivision, Addition # 1, 145 Nevada
Street, Kenai, Alaska. Application submitted by Julie A. Ross, 145 Nevada, Kenai,
Alaska.
6. OLD BUSINESS:
®
CODE ENFORCEMENT:
a. Lot 2, Saint Patricks Subdivision - Possible violation of KMC 14.20.245 (d) (3) (Use of
recreational vehicle for residential use.)
8. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED:
Planning & Zoning Commission
Agenda
10. INFORMATION ITEMS:
a. DNR Letter dated 4/16/99
11. COMMISSION COMMENTS & QUESTIONS:
12. ADJOURNMENT:
Page 2
April 28. 1999
CITY OF KENAI
PLANNING ~ ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
APRIL 28, 1999- 7:00 P.M.
CHAIRMAN CARL GLICK
MINUTES
Xe
CALL TO ORDER
Chairman Carl Glick called the meeting to order at 7:00 p.m.
a. Roll Call
Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb
Nord, Donald Erwin
Members Absent: Robert Newbry
Others Present:
Councilman Joe Moore, City Engineer Jack La
Shot, Contract Secretary Barb Roper
be
A~enda Approval:
MOTION:
GOECKE MOVED TO APPROVE THE AGENDA INCLUDING THE
ADDITIONS PROVIDED AT THE BEGINNING OF TItlE MEETING
AI/D ASKED FOR UNANIMOUS CONSENT. SECONDED BY
BRYSON. AGENDA WAS APPROVED.
Approval of Minutes- April 14, 1999
MOTION:
BRYSON MOVED TO APPROVE THE MINUTES OF APRIL 14,
1999 AND ASKED FOR UNANIMOUS CONSENT. MOTION
SECONDED BY ERWIN. MINUTES WERE APPROVED AS
WRITTEN.
do
Consent Agenda
*PZ99-13 - Home Occupational Permit- Permanent Hair Removal
for the property described as Lot 6, Bock 1, Thompson Park
Subdivision, Addition # 1, 145 Nevada Street, Kenai, Alaska. .
Application submitted by Julie A. Ross, 145 Nevada, Kenai,
Alaska.
Planning & Zoning Commission Meeting
April 28, 1999
Page ~
MOTION:
GOECKE MOVED TO APPROVE THE CONSENT AGENDA.
BRYSON SECONDED.
VOTE:
BRYSON YES ERWlN YES
GOEC~ YES NORD YES
NEWBRY ABSENT GLICK YES
MOTION PASSED.
2. SCHEDULED PUBLIC COMMENT: - None
3. CONSIDERATION OF PLATS: None
4. PUBLIC HEARINGS:
Conditional Use Permit - Storage Yard, for the property
described as approximately 1801 Cone Avenue. {Described by
the legal description KN T05N R11W S02 BEGINNING AT S1/4
CORNER OF SEC 2 TH WEST 990 FT TH NORTH 330 FT TO
THE POB TH NORTH 330 FT TH WEST 660 FT TH SOUTH 330
FT TH EAST 660 FT TO THE POB.) Application submitted by
Beaver Loop Partnership, Warren H. Polsky, Partnership
Manager, 4150 Vista Court, Anchorage, Alaska 99508.
MOTION:
GOECKE MOVED TO BRING BACK BEFORE THE COMMISSION
PZ99-06, CONDITIONAL USE PERMIT FOR THE STORAGE
YARD. MOTION SECONDED BY BRYSON.
Glick opened the meeting to public hearing and asked that
individuals come forward only if there were additions to what was
stated previously.
Verbatim Beans
Warren Polsky, 4150 Vista Court, Anchorage, Alaska. Good
evening, (cleared throat) yes, my name's Warren Polsky and I
represent BLP, Inc. Yeah... in regards to the conditional use
permit, like to give a little background history. Urn... at the time
Grace Drilling was negotiating with us to lease the property
(cleared throat) it had been recommended.., they had had three
sites recommended by the City of Kenai. Basically, I think Keith
Komelis was the one that recommended the sites and they chose
our site as the best location. In order to make the site usable for
Planning & Zoning Commission Meeting
them, we spent approximately 10... well, we spent ! 0 thousand
dollars out of pocket plus we gave all.., awa.v all the equipment
that was on the yard; which was an eye-sore. In the 10,000 we
spent it was to clean up the.., the area, all around there. Lot of it
not even being on our property and (cleared throat)when we
purchased this property; I purchased the property, from the former
Mayor of the City of Kenai, Bud Dye and at the time when we got
into the conversation with Grace Drilling and the City of Kenai,
nothing was ever said about a conditional use permit, as... at the
time we started deahng on that property it was zoned industrial or
it had no zoning whatsoever. I don't think at that time it was
with.., within the city of Kenai (inaudible). So, (cleared throat) we
made a large improvement on the land.
Also, as far as um... the people that spoke at the last heanng,
Kurt Wilcox, several years back had approached me about buying
the property from us and.., the yard was already established at
that point and um... from where his home is to where the comer
of the.., our property is is approximately 700 feet and ah... the r...
(cleared throat) so... we're quite a ways away from his actual
residence. Ah... he... I gave him the information he requested to
know about the purchase and he nev.., never ah... did anything
further about that.
Also, I'd like to state that (cleared throat) in regards to the
statement that was made (papers shuffling) in the minutes of the
February 24th... (papers shuffling.., long pause) about ah...
(cleared throat) Be... Beaver Loop not having any idea what was
going on on the property because being non-resident owners. I... I
myself am a resident of Kenai Peninsula Borough, city of Seldovia.
I've been a resident of Alaska since 1944, I'm not a newcomer
(cleared throat) so, just clear that up.
Ah, also ah... Jeff Kohler in his statements.., his property is
approximately a mile and two tenths from our property. So, I
don't know what confliction we really have with him as a neighbor
because there's many properties in between him and us, so, he's
not a neighbor, no.
And for contamination on the site, our lease agreement with
Nabors Drilling is if there is any contamination.., now before
Grace ever moved in they brought an environmental engineer up
from their headquarters to inspect the land, they did soil testing, it
was all frae.., and I believe when Nabors bought Grace out, they
also brought some environmental people up from their
headquarters and made another site survey and g... gave the land
an okay. In our lease agreement with Nabors, we have a clause in
there that if the land should become contaminated through their
use they have to clean it up. And Nabors (cleared throat) has been
Planmng & Zoning Commission Meeting
April 28, 1999
Page 3
in Alaska since 1961 or 62. I mean, they're not a Johnny-Come-
Lately and they're not about to leave here. No. They do pay a
substantial amount of tax to the City of Kenai for the equipment
that is stored in that yard and Lance is with Nabors Drilling and
he can tell you more about that but (cleared throat) as soon as we
were notified that we needed a conditional use permit, I applied for
it immediately. Had we been notified of that at the time, back in
91 when I was taltdng with Keith Komelis and I have notes of
about talking with Keith in regards to this property.., had I ever
been noti.., given notice of that at that time we would have applied
for the permit then so it's not like we're trying to sneak in the back
door, we've been very open over all the years we been there. The
yard was established in 91 when we first leased to Grace and it's
not like we were trying to hide anything or do anything to the fact.
There is a reference made to a... a couple oil.., or a couple drums
of unknown contaminates or containments and (cleared throat) I
would like to see them moved also. They are not on our property
by the way. They are On the property right adjacent to us and how
they were got.., how they got there is beyond me because
everything that was on that property at time we did the clean up,
even though it wasn't ours, we got rid of it.
Okay... any questions? Mr. Bryson?
Bry~ma: Yes, ah...if the City of Kenai requested to be ah...listed as
an additional protective party as regards to liability that you and
ah... Grace Drilling have entered into, ah...is that in the realm of a
possibility or... ?
Polsky: Well no it isn't. I'll tell you why (chuckle) Grace Drilling
is totally out of the picture...
Br~jrson: Okay, Nabors, pardon me.
Polsky: Okay, ah, from our standpoint, at BLP, I would say, yes
ah... Lance will have to speak for Nabors Drilling.
Gllck: Any other questions? Okay, thank you for now any how.
Anybody else in the public wishing to speak to this...
Lance Leibole, Nabors Drilling. (from the audience) Ah, I
wasn't planning on it but I guess I could say a couple things.
Yeah, my name is Lance Leibole, L-E-I-B-O-L-E and I represent
Nabors Drilling. I was just going to come down and.., and ah... sit
in today but ah... ah... as Warren stated that ah... we do pay taxes
on that ah... equipment in there. It is ah... working drilling rigs,
it's not junk by any means. And ah... when the rigs do work they
employ probably about 48 people directly, probably a hundred
Planning & Zoning Commission Meeting
April 28, 1999
Page 4
people indirectly and ah... we've improved the property, we've
fenced it. We paid about $17,000.00 to fence the property. We
don't have anything outside the fence and ah... really that's about
it... and it is if you been by it, it's.., it's a real clean yard.
GHck: You have any potentially hazardous material stored there?
Leibole: The only material we have there is... is motor oil.
There's no... no hazardous material.
GHck: How about diesel fuel?
Leibole:
vehicles.
Nnn.. shouldn't be any diesel fuel, no.
I wouldn't.., call diesel fuel hazardous.
Only in some
GHck: Well, it gets in the soil though it's a contamination source.
Letbole: Right, but it's not hazardous.
as a hazardous material.
I don't think it's classified
GHck: Do... does this equipment move off of the site periodically
and then come back again, that type of thing?
Leibole: Yes. When we get a contract to put the rig to work.
GHck: Okay. Don?
Erwin: (inaudible) flatbed in there that is... (inaudible) several
drums {inaudible) which you can't tell what's in them {inaudible).
There's indicatiOn at least one is un-topped. Do you know
whether there's...what may be stored in those.., what's stored in
those drums, are they open topped?
Leibole: They shouldn't be opened topped. No, we... we... we
know the problems that environmental contamination cause and
ah... we... we try and store our equipment fight. The only drums
in there that I know of are new drums.
Erwin: Well, there are some.., it looked like (inaudible) and ah...
(inaudible) I don't know if (inaudible) or not but it looked to me
like they were {inaudible)
Leibole: Okay, I... I'm not aware of that.
Gllck: Yes, Mr. Bryson?
Bryson: Ah, are.., are.., are you aware of what the contaminants
that were identified at the other site consisted of?.
Planning & Zoning Commission Meeting
April 28, 1999
Page 5
Leibole: No, that was before Nabors ah... came into the picture.
That was.., that was Grace Drilling.
Bryson: Yeah.
GHck: Any other questions for the gentlemen? Okay, thank you.
Leibole: Thank you.
GHck:
Polsky)
You got something else you want to say? (directed at
Polsky: (from the audience) Ah...as far as the contamination on
the court house site. I have a memo from (cleared throat) from
Keith Komelis that stated that that contamination was prior to
Grace moving on to that site. And also, I was going to mention,
which I forgot, that I have pictures of our property, site prior to the
time we did clean up and had we not clean it up we could have left
it like it is and it would be a heck of an eyesore.
Glick: Okay. All right, is there anyone else in the public wishing
to speak, to add something to this?
Laura Seibert, 3329 Beaver Loop, Kenai, Alaska. My name is
Laura Seibert, I'm 3329 Beaver Loop, and I'm the adjacent
property owner to the urn.., location in question and I want to
thank the last two speakers for what the information because it's
been really hard to get information on this urn.., and I already
spoken twice since this is the third time we've.., we've had this
hearing and I'd like just to remind the Planning and Zoning
Commission that there are people that spoke at previous meetings
that couldn't be here tonight.
Urn... just two real quick things. Out of sight doesn't necessarily
mean out of mind especially when it comes to um... the water
contamination. That's the thing that womes me the most, the
water urn.., table is so high back there it's basically at ground
level. There's a lot of lakes, there's a lake fight next to the.., the
fence basically so urn.,, you know, saying just because it's 700
·
feet from my house or it's a mile and half from somebody else's
house doesn't necessarily mean that it's not going to affect us.
Urn... and I want to commend Mr. Polsky for including in his
contract that environmental testing needs to be done by Nabors
and evidentially he doesn't need to do that, therefore, I would ask
the Commission um.. to go along with what the City Engineer did
recommend and that was to have that regular environmental
testing be part of any conditional use permit that's granted.
Thanks.
Planning & Zoning Commission Meeting
April 28, 1999
Page 6
Glick: Thank you. Anyone else in the public have anything to
add? Okay, seeing none, I'll bring it back to the Commissioners.
Ah, does the staff have anything to add to what was said before?
La Shot: Um, she jus mentioned the City Engineer or his
recommendations. I don't think I recommended ah... testing. I
did recommend that there be compliance with applicable ADEC
regulations. Urn... that may or may not include testing.
GHck: Over on the next page though Jack, under
recommendations there is a... a sentence in there about we may
want to consider testing prior to reclamation.
La Shot: Yeah, it does say that. Um... do you have some
comments on that or did.., okay. It would be hard to recommend
how to proceed on such a matter ah... what.., what type and
what.., to what extent the testing should be. Um... I don't think
we have specific recommendations in that regard.
Glick: Okay. All fight. Discussion. Mr. Bryson.
Bryson: Yes ah... yes, ground water contamination is serious in
any case ah... ah... when the site was.. in ah...downtown area
here, ah... the area was served by ah... additionally served by a
public water supply source elsewhere ah... the situation where it's
at now the ah... any contamination would be disastrous to the
people that live in the area or down-flu., fluent.., and that is a
major concern I have. Accidental or... or... or whatever
(inaudible). Granted, it apparently not happened yet with the ah...
commercial use in the area but ah... it could, very easily.
Gllck: Mr. Goecke?
Goecke: Ah, thank you Mr. Chairman. Ah... I (cleared throat) I
agree with ah... ah... Commissioner Bryson in what he has just
said, however, the.., the problem of ah... of this.., we're.., we're
looking at the.., at an applicant who does not own the equipment
and ahhhh.., and I... like I said as I see that the um... this ground
water of problem.., yes in fact can be a problem um... but the
problem ah... is, as I see it, we're looking to approve or disapprove
an application by an applicant who has ah... wants to know if this
can be done and he's doing this for a given dollar and ah... if he
has to test this ground water ah... I'm afraid his little ah...rental
number will not ah... stand it... urn.. and I don't even know what
he's make.., getting for this but um... that's all.
Lance Leibole: May I say something? Ah.. the proper...We don't
have to have any ah... motor oil there. We store it there because
Planning & Zoning Commission Meeting
April 28, 1999
Page 7
ah.. when the rig goes back we use it to put in our equipment and
go with it. If it would make everybody happy we can certainly
remove the few drums that are out there and then it's just
equipment there, there's.., there's no motor oil.
Gllck: Okay, thank you.
Polsky: Can I make another statement. The groundwater that
they're referring to has been there for approximately 50 years
(inaudible) there's no new water other than what Mother Nature
puts there.
Gllck: Okay. Ah, more discussion?
Member from Audience:
it?
Since youYe opened it up, can I discuss
Gllck: Well do you have some pertinent answer or...
Goecke: Public hearing is over.
Gllck: I mean, we had the public hearing and it's closed where
these gentlemen were supplying answers of questions that we
wanted answered. Mr. Erwin?
Erwin: I had.., there was a statement made which ah... I beg to
differ with it but ah... diesel fuel, as far as my knOwledge is
considered a hazardous material and ah... on storage of diesel fuel
there are contain.., requirements that say to comply with DEC.
Just... for people wh° may not be aware of that (cough) at least,
that's what we fred in my business which is closely associated but
ah... diesel fuel is considered a hazardous substance when you
start going to a clean up and that should be a concern.
Ollck: Ms. Nord?
Nord: Maybe the ideal situation here would be to make it in
compliance with the ah...DEC regulations regarding contaminant
materials instead of hazardous materi.., materials if it's not
considered hazardous and just a contaminant but.., it ah... I don't
know for a fact what it's considered. I do feel that there should be
some sort of safeguards to protect the neighboring properties,
especially from contamination of the water table.
Gllck: Okay. Seems like everybody has a concern about that
ah... somebody have ah... amendment.., to make a motion to
cover that? Anybody thought about that? Mr. Goecke?
Planning & Zoning Corn:mssion Meeting
April 28, 1999
Page 8
Goecke: Thank you. Um... iff.. if we would have um... a verbal or
a written statement from ah... Nabors that they would not bring
their ah... fuel tanks back onto location with diesel fuel in em' and
rim.., and he's already said that he would remove the ah.. ah...
whatever motor off is on location, we're down to ah.. where there's
nothing ah...nothing there. I mean, would that be ah... can I ask
him a... one more question?
GHck: Yes.
C, oecke: Would... would that be a possibility that the um... your
fuel ah... storage tanks could be urn.. emptied before being
brought onto loca.., back to ah... the yard?
Leibole: The only.., the only diesel we have would be in our
equipment...
Goecke: Oh.
Leibole- ...the loader and.., and ah... and the trucks out there;
and it's gotta stay in there.
C, oecke: Sure. I think everybody understands that..
Leibole: Other than that, we don't have any diesel stored out
there.
Glick: Just motor oil?
Leibole: Correct.
Siebert: Can I... say something.
Gllck: No, the public hearing was closed Mam, we've been asking
them questions for clarification but...
Siebert: Okay.
Gllck: Ah, Mr. Bryson?
Bryson: Ah, just one other area and I'm... I am unfamiliar with it
but I presume that ah... occasionally ah...radioactivity becomes
associated with some of the.., the drill pipe. I'm not sure but I..
you know, I am aware that ah... this is equipment that's been
down hole and it's ah... likely to be contaminated with anything
that's in presence with and ah... whether it washes off the
equipment or... or what, it may or may not affect the ah... soft
conditions. I just... I just... I think the ah... the ground water is
ah... vulnerable in that area and the other thing is ah... ground
Planning & Zomng Commission Meeting
April 28, 1999
Page 9
water is transitory (inaudible) the water isn't building up, it's
flowing sideways there and that's essentially what it's doing and it
flows right into the soft.
Gllck: Mr. Moore?
Moore: Mr. Chairman, am I allowed to ask questions?
Gllck: Yes.
Moore: Thanks. I'd like to ask Ms. Siebert if she's interested in
responding to the fact that the area was originally zoned as rural
residential prior to the relocation of the equipment into the area?
$iebert: Ah... I assumed.., oh... (inaudible)
Moore-(inaudible) answer your question... (inaudible)
Siebert: Oh, okay, um... when.., honestly when we bought the.
property there I assumed all of Beaver Loop... I believe it is zoned
rural residential, correctly? Is that right?
Glick: Yeah.
Siebert: But I guess we were going on the assumption that there
had been a conditional use permit granted prior to... the yard was
already there when we bought the property.
Olick: (directed at Moore) Does that answer your question?
Moore- Is that all you wanted to say? (directed at Siebert)
Siebert: Um... I... I... it seemed like the topic has changed here to
a verbal agreement with urn... Nabors Drilling and I just.., have a
question as to once a conditional use permit is granted... Nabors
Drilling might not be there in a year, they might not be there in
five years and then once the.., the permit is given urn.., a verbal
agreement, even a written agreement with Nabors Drilling to me
doesn't do the trick. Isn't it true that once a conditional use
permit is granted that it's granted to the owner of the property not
the person leasing the property...
Glick: But if that was written into the conditional use permit it
would always be there.
Siebert: Oh yeah, that's...
Glick: It wouldn't matter...
Planning & Zoning Commission Meeting
April 28, 1999
Page 30
Siebert: That's isn't what I heard though., it's just...
Gllck: Okay. Was that all you...
Moore: Thank you.
Gllck: Jack, do you recall when Beaver Loop was zoned rural
residential? I mean, how many years ago was that? Long time
ago wasn't it?
La Shot: Yeah, I think it was at the same time the rest of the City
ah... became zoned.
GHck: Okay, that's what I thought, so...
Bryson: In excess of 20 years.
Gltck: Yeah. Okay, so...
Bryson: Ah, I would just like to reit.., reiterate the one point that
ah... the question was specific to that area.., ah... it was rural
residential zoning ah... the area downstream from it... or down
gradient from it is... is rural residential also and the intent
(inaudible} would be to ah... when the property reclaimed to utilize
it rural residential. It's u~!ikely that water systems are going to be
serving that area, ah.. public water systems (inaudible) in the near
future.
Gllck: Okay. Well, I think at this point we have two choices; we
can vote on this as is, whether it passes or fails or we can amend
it to maybe ah... address some of these concerns we're talking
about the water table and then pass it or ah... just not pass it.
So... it's up to the Commissioners if you want to put an
amendment on there or just vote on it. I mean, I think what you
said Ron was good but if it's only verbal and not part of the
conditional use it doesn't mean anyth/ng if somebody else leases
the property.
Ooecke: Mr. Chairman, the um... I understand that, the ah...
and.., well, I think what I... probably didn't clarif.., didn't say it
very well but ah.. {cleared throat) excuse me, we really have
nothing to do with Nabors Drilling.
GHck: Yeah.
Goecke: You know.., our.., our deal is with ah... the Beaver Loop
Partnership. Urn... and so, whatever we have with Nabors, but,
you're right, doesn't mean anything but if it... if that was to be
included into the conditional use permit that Nabors have this
Planning & Zoning Commission Meeting
April 28, 1999
Page 1 ~
agreement with the ah... Partnership, then ah... then it is part of
this document ah... am I right?
Gllck: Yeah, but we'll have to amend it to...
Goecke: I understand that...
Glick: Yeah, okay...
Goecke: I understand that...
Glick: Right, Okay. So, that having been said, are we ready to
vote or we ready to amend? Mr. Bryson?
Bryson: I'd like to clarify ah... are you proposing an amendment?
Goecke: Nope. That's up to you.
Bryson: Nothing to clarify.
Gllck: Okay. Any more questions, anybody? Okay, then we're
going to vote.
VOTE:
ERWIN NO GOECKE YES
NORD YES NEWBRY ABSENT
BRYSON NO GLICK NO
Motion failed.
Glick informed the applicant of his fight to appeal to the Ci~
Council by obtaining the necessary forms from the City Clerk.
This has to be accomplished within thirty days.
5. NEW BUSINESS:
6. OLD BUSINESS: None
7. CODE ENFORCEMENT:
Lot 2, Saint Patricks Subdivision- Possible violation of KMC
14.20.245 (d) (3} (Use of recreational vehicle for residential
La Shot reported that no response was received regarding the
possible violation.
Planmng & Zoning Commission Meeting
April 28, 1999
Page ~ 2
8~
REPORTS:
City Council
Moore directed attention to the City Council agenda included in
the packet.
Moore reported, Items C-1 and C-2 passed unanimously. Items C-
3 and 4 were tabled as control was only given to Administration
for encroachments or the setbacks. The majority of the Council
felt Administration should be able to give the exemption. Items C-
5 through C-17 were passed unanimously.
Moore continued, at New Business, Items H-1 though H-9 were
approved. He noted, council recommended the City settle the Inlet
Woods issue.
Erwin asked about Item C-16 regarding the telephone system
software. Moore explained, the City provided PTI with a letter
regarding becoming ¥2K compliant with the Public Safety and City
Hall telephone system. PTI responded by telling the City what was
required. The City agreed but requested that it be Y2K compliant
and PTI stated their attorneys' advised they could not guarantee
that anything was Y2K compliant. Moore noted that PTI did not
give a quote on any guarantees so after much discussion Council
decided to stay with PTI as the only alternative would be an
entirely new phone system and that would not be cost effective.
be
Borough Planning
Bryson reported the Borough Planning Commission met on April
26, 1999 and a copy of the agenda was included in the packet.
Bryson continued, the consent agenda was approved as
submitted. Under Public Hearings, Items F-1 (a), (b), and (c)were
approved. He noted, F-1 (d) was denied which was in regard to
renaming Lawing Drive to Alaska Nellie's Road. It was felt that
Lawing Drive was already a historical name. Item F-2, F-3 and 4
were approved. Item F-5, a proposal to name a mountain after an
individual was postponed until comments were received form
interested individuals.
Bryson continued, at Special Considerations, Items H-1 (a) and (b)
were approved. He added, Item J-1, Kenai River Habitat
Protection, a situation was discussed where an individual in Kenai
Keys requested a conditional use to construct and/or replace an
open-sided boathouse. Staff recommended it be denied but the
Planning Commission voted to approve the item.
Planning & Zoning Commission Meeting
April 28, 1999
Page ~ 3
Item K-1, Coastal Management Program Considerations was an
item where Zubeck requested a Corps permit to continue/'filing an
area near Swires Drive. The Coastal Zone staff recommended the
request be demed. Bryson reported that the Corps also demed the
request.
c. Administration
La Shot reported that the bids for the Challenger Learning Center
and Multipurpose Facility were received and came in over
estimates. No decisions were made at this point but he expected
there would be some lengthy discussion on both bids.
9. PERSONS PRESENT NOT SCHEDULED:
Nolan Compton, 2785 Beaver Loop Road. Nolan expressed his
concern about the comer of Beaver Loop Road and Bridge Access Road.
Nolan stated that when the work was done there last year the
intersection was narrowed and it was difficult for large vehicles and
school buses to turn safely.
La Shot reported the City had alreadY notified the Department of
Transportation on the problem but Mr. Nolan's concerns would also be
forwarded via a copy of these minutes.
10.. INFORMATION ITEMS:
DNR Letter dated 4/16 / 99
11.
COMMISSIONER COMMENTS/h QUESTIONS:
Commissioner Erwin stated he visited the Beaver Loop area and noticed
there were some other Uncontained tanks on various properties. If there
are concerns with groundwater perhaps these need to be looked at as
well.
Commissioner Goecke indicated there was some discussion about
revising the Comprehensive Plan and recommended that Title 14 be
revised at the same time. Goecke asked the Commission if they thought
the Comprehensive Plan and Title 14 should be done at the same time or
separately. La Shot reported, money had been appropriated for the
revision of the Comprehensive Plan and the recommended procedure was
to do the Comprehensive Plan first and then rewrite individual sections
of the Code. La Shot added that nothing had been started yet.
Glick polled the Commission with the following results:
,
Goecke felt they should be re-worked at the same time.
Planning aa Zoning Commission Meeting
April 28, 1999
Page ~ 4
,
3.
4.
5.
Bryson had no opinion at this time.
Nord thought the Plan should come first followed by the Code.
Emrin had no opinion at this time.
Glick felt the Comp Plan should be done first, followed by the
Code.
Bryson suggested the Borough be contacted as they may be able to
provide some insight on how best to proceed with rewriting the Comp
Plan.
12. ADJOURNMENT:
GOEC~ MOVED TO ADJOURN. Meeting adjourned at 8:05 p.m.
Minutes transcribed and prepared by:
Barb Roper, Contract Secretary
Planning & Zoning Commission Meeting
April 28, 1999
Page ~ 5
CITY OF KENAI
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
AMENDED AGENDA
May 12, 1999 - 7:00 p.m.
http ://www. ci. kenai .ak. us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes- April 28, 1999
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
4. PUBLIC HEARINGS:
5. NEW BUSINESS:
6. OLD BUSINESS:
a. Ordinance No. 1818-99 & Ordinance No. 1817-99 (Administrative Exemptions for
setback requirements.)
b. PZ99-10--Prcliminary Plat-Beaver Creek Lookout
7. CODE ENFORCEMENT:
ge
REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED:
10. INFORMATION ITEMS:
a. Zoning Bulletin (April 10 & April 25, 1999)
b. KPB Administrative Approval - Spruce Grove Murphy's Replat
11. COMMISSION COMMENTS & QUESTIONS:
12. ADJOURNMENT:
CITY OF KENAI
PLANNING/h ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
May 12, 1999- 7:00 p.m.
http://www, ci.kenai, ak.us
1. CALL TO ORDER
Chairman Glick called the meeting to order at 7:00 p.m.
a. Roll Call
Members Present: Carl Glick, Ron Goecke, Barb Nord, Donald Erwin,
Robert Newbry, Phil Bryson (arrived at 7:04 p.m.)
Others Present:
Councilman Duane Bannock, Administrative
Assistant Marilyn Kebschull, Contract Secretary
Barb Roper
be
AEenda Approval:
An amended agenda was provided to the Commission prior to the
start of the meeting.
GOEC~ MOVED TO APPROVE THE AMENDED AGENDA AND
AS~D FOR UNANIMOUS CONSENT. MOTION SECONDED BY
NORD.
AGENDA WAS APPROVED AS AMENDED.
Approval of Minutes - April 28, 1999
NORD MOVED TO APPROVE THE MINUTES OF APRIL 28,
1999 AND ASKED FOR UNANIMOUS CONSENT. GOECKE
SECONDED THE MOTION.
WITH NO OBJECTIONS NOTED THE MINUTES WERE
APPROVED AS WRITTEN.
d,
Consent Agenda- No Consent Agenda items.
2. SCHEDULED PUBLIC COMMENT: None
3. CONSIDERATION OF PLATS: None
4. PUBLIC HEARINGS: None
5. NEW BUSINESS: None
Planning & Zoning Commission
May 12, 1999
Page 1
.
OLD BUSINGS:
Ordinance No. 1818-99 and Ordinance 1817-99
(Administrative Exemptions for setback requirements.)
GO~KE MOVED TO APPROVE ORDINANCE NO. 1818-99 AND
1817-99. MOTION SECONDED BY NORD.
·
Kebschull reported Council was concerned with the ordinances
regarding administrative exemptions as they felt adjacent property
owners wouldn't have the opportunity to comment. The last time
council reviewed the ordinance, they requested administration to
revise it to require the applicant to notify the adjacent property
owners of the request for administrative exemption. If no
objections were received, the applicant could return for the
encroachment or variance.
Bannock stated he wanted to hear comments from the Planning
and Zoning Commission regarding administrative exemptions and
.reiterated Council was concerned adjacent property owners
wouldn't have the opportunity to comment. He added, Council
feared property owners would come back if they had problems
with it.
Goecke asked what Council was concerned about when the
Building Official does a good job. He also asked why Council was
reluctant to let the Building Official do his job. Bannock
responded by stating the concern was with the adjacent property
owners not being able to respond as there was no mechanism in
place for that to happen.
Nord asked if the Code could be amended to notify adjacent
property owners who were 100 to 200 feet away from the 'property
in question. Goecke indicated he would have a problem with a
code change as the only properties that would be affected would
be the adjacent owners. Bryson agreed with Goecke and added, if
any one of the three objected, then the request would be rejected.
Glick noted the ordinances were designed to make things easier
for these types of variances or encroachments and this seemed to
make it more difficult. Bannock stated the ordinances would
allow the Building Inspector to become Planning and Zoning and
this was just a shortcut to the process.
Erwin stated the ordinances were an attempt to make things
easier but if Council was uncomfortable with them there was no
sense to go with it as everything pushed through would come
back.
Plarmmg & Zoning Commission
May 12, 1999
Page 2
VOTE:
BRYSON NO ERWIN NO
GOECKE NO NORD NO
NEWBRY NO GLICK NO
MOTION FAILED UNANIMOUSLY.
be
PZ99-10 - Preliminary Plat - Beaver Creek Lookout
GOECKE MOVED TO APPROVE PZ99-10.
BY ERWIN.
MOTION SECONDED
Kebschull noted the applicant was in attendance to answer any
questions from the Commission.
Kebschull reported Administration originally required a note be
placed on the plat requiring the lots maintain single ownership
due to the non-conforming lot size. Miller advised the City his
financial agency indicated the note requiring single ownership
would not satisfy the institution's requirement to qualify for a
loan. Miller submitted the plat in an attempt to obtain financing
to build a home and he reiterated he had no plans to sell Lot 1.
Kebschull continued, Administration recommended the note
regarding Lot 1 be changed as noted in the Kenai Peninsula
Borough Subdivision Regulations, Chapter 210.14.080 as that
would satisfy the Borough, ADEC, and the City's concerns. Miller
stated the request would separate the lots by removing the
restrictions from the larger lot (Lot 2).
Bryson reported the items were on the Borough's Planning agenda
on May 10t~ and both were recommended for approval. Bryson
asked Miller ff he discussed his plans with Borough personnel.
Milled replied, he did not but he was aware the Borough would not
change unless the City initiated it. Bryson indicated Miller would
probably still have to go through the Borough. Miller answered,
the item would go to the Borough for review once it was through
this process. 13ryson reported it was not an unusual situation for
larger tracts to have such restrictions.
VOTE:
ERWIN YES GOECKE YES
NORD YES NEWBRY YES
BRYSON YES GLICK YF~
MOTION PASSED UNA/~IMOUSLY.
CODE ENFORCEMENT:
None
Planning & Zoning Commission
May 12, 1999
Page 3
e
e
REPORTS
City Council
Councilman Bannock gave his report based on the May 5, 1999
City Council agenda.
Items C-1 and 2 were passed unanimously. Item C-2 was the land
intended for the Kenai Public Health Center. Item C-3 was an
ordinance setting aside $737,000 for the Multi-Purpose Facility.
He explained, the bids came in over the budgeted amount so three
scenarios were being considered: a possible re-bid with a scaled-
down design; the user groups come up with the additional
funding; and full phase development funded 2/3 by private
dollars. Item C-4 was passed and had a lot of interest by the City
as the barges could be built at the APC fabrication site in Nikiski
rather than out of state. Item C-5 and 6 were approved. Item C-6
was approving reimbursement of moving expenses for the new
Librarian. Item H-5 was an item Bannock requested be added to
the agenda for discussion.
be
Borough Planning
Bryson reported the Borough Platting and Planning meetings were
held on May 10, 1999. Ail Plats were approved. Item E-1 on the
Planning agenda was recommended for approval. All items under
Public Hearings were approved.
c. Administration
Kebschull reported the RV people responded to the enforcement
letter and stated the RV was being used for residential purposes.
In cases such as this, she explained, the City had no other option
but to keep an eye on the situation.
Kebschull also reported staff had been getting a lot of calls
regarding junked cars, garbage and debris.
PERSONS PRESENT NOT SCHEDULED: None
INFORMATION ITEMS:
Zoning Bulletins (April 10/k April 25, 1999)
KPB Administrative Approval- Spruce Grove Murphy's Replat
Planning & Zoning Commission
May 12, 1999
Page 4
10.
COMMISSION COMMENTS tis I~UF_~TIONS:
Commissioner Bryson apologized for arriving late to the meeting and
asked if he could make changes to the Minutes of April 28, 1999.
NORD MOVED TO ALLOW COMMISSIONER BRYSON TO NOTE HIS
CHANGES TO THE MINUTES OF APRIL 28, 1999. MOTION
SF.~ONDED BY GOECKE.
Bryson stated it was his intent to say the following:
Page 4, first Bryson paragraph should read: If the City of Kenai
requested to be listed as an additional protective party with regards to
liability that you and Grace Drilling have entered into, is that in tke
realm of a possibility.
Page 7, Bryson paragraph should read: Yes, ground water
contamination is serious in any case where the site was in the downtown
area. The area was served by a public water source elsewhere. The
situation where it is now, the contamination could be disastrous to the
people who live in the area or down gradient, and that is a major concern
I have. Granted, it apparently has not happened yet with the commercial
use in the area but it could very easily.
Page 9, Bryson paragraph should read: Just one other area and I'm
unfamiliar with it but I presume that occasionally radioactivity becomes
associated with some of the drill pipe. I'm aware this equipment has
been down hole and it's likely to be contaminated with anything that it's
in presence with. Whether it washes off the equipment, it may or may
not affect the soil conditions. I think the groundwater is vulnerable in
that area. The ground water is transitory, it's flowing sideways.
Page 11, Bryson paragraph should read: I would just like to reiterate the
one point that the question was specific to that area. It was residentially
zoned and the area down gradient is also zoned .rural residential.. The
intent would be to utilize it as residential when reclaimed. It's unlikely
there would be a public water system.
The Minutes of April 28, 1999 were approved with the revisions noted by
Commissioner Bryson.
Commissioner Nord asked Councilman Bannock what the status was
on getting a new commissioner. Bannock replied, there was no new
information on the subject.
Planning & Zoning Commission
May 12, 1999
Page 5
11.
ADJOURNMENT
GOECKE MOVED FOR ADJO~MENT.
7:40 P.M.
MEETING ADJOURNED AT
Respectfully submitted,
Barbara L. Roper, Contract Secretary
Planning & Zoning Commission
May 12, 1999
Page 6
ITEM 1'
ITEM 2'
ITEM 3:
ITEM 4:
KENAI BEAUTIFICATION COMMITTEE
MAY 11, 1999
*** 5:30 p.m.
Kenai Council Chambers
***AGENDA***
CALL TO ORDER/h ROLL CALL
AGENDA APPROVAL
APPROVAL OF MINUTF~-- APRIL 13, 1999
PERSONS SCHEDULED TO BE HEARD
ITEM 5:
a,
OLD BUSINESS
Volunteer Orientation
ITEM 6:
NEW BUSINF~S
ITEM 7:
REPORTS
Committee Chair
Parks & Recreation Director
Kenai City Council Liaison
ITEM 8: 0UESTIONS AND COMMENTS
ITEM 9:
ao
be
INFORMATION
Parks & Recreation Commission Meeting Minutes -- April 15,
1999.
City Council Action Agenda - April 7 and 21, 1999.
ITEM 10: ADJOURNMENT
REGULAR MEETING OF TItE CITY OF KENAI
BEAUTIFICATION COMMITTEE
MAY 11, 1999 ~ 5.30 P.M.
KENAI CITY HALL
VICE-CHAIR KAROLEE HANSEN, PRESIDING
lo
CALL TO ORDER/ROLL CALL
Vice-Chair Hansen called the meeting to order at 5:45 p.m.
Members present: Hansen, Rogers, Johnson, Brown, Nord, Dimmick
(arrived at approximately 6:00 p.m.)
Members absent: Jung
Non-voting Members Present: Linda Overturf
Non-voting Members Absent: Jeneane Benedict
Also present:
Councilwoman LLnda Swarner, Parks and
Recreation Director Bob Frates,
Contract Secretary Vicki Fruichantie
2. APPROVAL OF AGENDA
THE AGENDA WAS APPROVED AS PRESENTED.
3. APPROVAL OF MINUTES
Regular meeting of April 13, 1999.
Overturf noted that she and Jeneane Benedict were both present at the
last meeting and suggested Non-Voting Members Absent be corrected
to read Non-Voting Members Present on Page 1.
THERE WERE NO OBJECTIONS TO THE APPROVAL OF THE
MINUTES AS AMENDED.
4. PERSONS SCHEDULED TO BE HEARD - None
5. OLD BUSINESS
Dimmick arrived and took the chair.
a. Volunteer Orientation
Frates explained he had developed a slide show to present at the
orientation which included a welcome, a message regarding the value of
beautification, history, and a section on banners. Brown stated she
brought a banner with her and explained the display at the Fine Arts
Center showed the entire process of making banners. Frates went on to
explain the slide show also included a comparison of old beautification
projects versus new, with the "country cottage-style" currently used, and
ended with ten to 12 slides of just flowers. Hansen mentioned there
were refreshments, name tags and costume judging for the orientation,
which would follow the slide presentation.
NEW BUSINESS
Frates suggested developing a schedule for clean-up and planting,
noting that some members had been working in the beds already. He
suggested setting specific dates and times and make it a big project
where if 15 people show up, they could all keep busy and get finished.
Overturf mentioned the weather forecast was good for the weekend and
suggested starting in Lei/Hansen Park. Frates thought it would be nice
to bring water and snacks for the work party, and asked if two hours
would be enough time to accomplish the work.
After some discussion among the members, it was decided to begin with
Leif Hansen Park Saturday May 15 at 10 a.m. and to refer to the work
project as a "Garden Party." Frates then suggested members have a
picnic lunch at the park. Councilwoman Swarner mentioned Merle
Dean Feldman would be available during the week and suggested they
meet on Thursday evening (May 13) to clean-up the beds at the Fire
Station beginning at 6 p.m.
'Overturf stated she had heard a report that planting should not begin
until after Memorial Day as some of the ground was still frozen. Frates
commented the time for planting was two to three weeks behind
· schedule. Overturf suggested starting sooner because high school
students would be able to help with the planting if it could be done prior
to Memorial Day. Overturf suggested May 22-d to begin planting in
raised areas such as the concrete circles on Frontage Road. Frates
mentioned he had a small crew who could help out.
After a general discussion it was agreed that work times should vary so
everyone could be included. The following schedule was drafted:
Thursday, May 13, 6 p.m., Fire Station
Saturday, May 15, Leif Hansen Memorial Park
Tuesday, May 18, 4 p.m., clean-up the Rotary Bed
Thursday, May 20, 5:30 p.m., Cemetery Clean-up
saturday, May 22, 10 a.m., Plant Frontage Road circle planters
Tuesday, May 25, 4 p.m., Planting at Leif Hansen Park
Thursday, May 27, 6 p.m., finish Leif Hansen Park
Saturday, May 29, 10 a.m., planting Paradisos, KVCC, Rotary bed
and Chamber of Commerce
Tuesday, June 1, 4 p.m., plant Fire Station
Thursday, June 3, 6 p.m., complete Fire Station
Saturday, June 5, 10 a.m., Dan's TV, Triangle and Park Strip
KENAI BEAUTIFICATION COMMITTEE ME~ING
MAY 11, 1999
PAGE 2
®
Overturf suggested grass clippings be used to insulate the new
plantings.
Frates asked the Commission how they wanted to handle maintenance
of the flower beds after planting. Dimmick mentioned volunteers may
want to maintain what they helped plant. Frates suggested an "Adopt-a-
Bed" program, mentioning one caller had expressed interest in adopting
a bed as a mother/daughter project for the summer. Swarner
mentioned the Fire Station needed work all the time. Hansen stated the
Fire Station could be overwhelming if one person tried to do it. She
emphasized telling volunteers they didn't have to stay all day and do it
all. Dimmick suggested getting the phone numbers of volunteers in
order to call them and suggest an hour or two here and there wherever
help was needed at the time. Brown suggested mailing out the
maintenance schedule to volunteers once one is developed.
REPORTS
Committee Chair
Dimmick reported she and Frates spoke with two teachers at
Sears Elementary who brought their classes along with some
parents to help clean the Bernie Huss Fitness Trail. They did a
good job and the children were well behaved. Dimmick added she
had been invited by Jeannie Sorensen to speak about planting to
her class. She mentioned Frates had boxes and could rototill
space for the kids to plant in near the last day of school. She felt
it would be a good idea to plant a cluster of bulbs here and there,
just to dress up the park a little.
Dimmick asked if anyone had spoken with Carrs' management
about being a sponsor or co-sponsor of the trail. She stated it
would be nice for them to donate a modest sign that read
something to the effect of ~Carrs and Sears Elementary School
thank you for keeping our fitness trail clean.~ Dimmick noted,
this was the third year Sears Elementary had been involved and
she would like to see them get some recognition. Frates
mentioned Creative Childcare could also be added as they helped
over the years as well.
Hansen stated she liked the idea of planting bulbs and wondered
if Carrs would consider donating the bulbs. The Committee
unanimously agreed to speak to someone at Carrs about the
trail project.
b. Parks/h Recreation Director
~NAI BEAUTIFICATION COMMITTEE MEETING
MAY 11, 1999
PAGE 3
Frates reminded members of the Cemetery Cleanup scheduled for
May 20th at 5:30 p.m. He also reported this was one of the
earliest years he had people working in the parks, noting the
bathrooms were cleaned and open; the water was on; barbecues
were ready; and the trash receptacles were out. Frates stated
they were a little behind on cleaning the bike trails due to
equipment breakdowns.
Frates asked if the Commission would have a booth in the Kenai
River Festival in June. Brown stated she had booth apphcation
forms available at the Kenai Fine Arts Center. A general
discussion followed regarding booth space fees and tent
availability. Dimmick stated she would Call to schedule a booth.
Frates reported the fountain in Leif Hansen Park would be turned
on when the pump was installed, which would happen next week.
He added, banners would be hung next week as well.
Kenai City Council Liaison
Swamer reported the City Council discussed Christmas
decorations and banners at their budget work session May 10th.
She noted, funds to purchase new decorations and ten additional
banners were approved. Swarner also reported the ordinance
approving the budget would be introduced at the May 19 council
meeting and the public hearing would be held on June 2nd. She
noted there were two council members absent for the budget work
session but there were no big changes to the Beautification
budget. Swamer stated everyone agreed the Christmas
decorations needed replacing and the Beautification Committee
had a "bare bones" budget already. There was nothing more to
cut out.
Swarner added, there would be another council resignation in
July when Councilman Raymond Measles would be moving to
Anchorage. Swarner also mentioned there was some money in
the budget for streetlights, depending on the area and how much
the lights cost.
OUF~TIONS AND COMMENTS
Parks and Recreation Director Frates mentioned he was still
leery about the weather as far as planting was concerned. He
noted last year the plants really struggled. Frates went on to
explain the plants would be nearly blooming when they are
planted.
KENAI BEAUTIFICATION COMMITTEE MEETING
MAY 11, 1999
PAGE 4
Councilwoman Swarner asked about flowers at the Animal
Shelter. Frates replied that Animal Control Officer Godek had
funds and plans to plant in front of the building. Godek indicated
they would have roses, lilacs and hanging baskets.
9. INFORMATION
10.
Parks & Recreation Commission Meeting Minutes-April 15, 1999.
City Council Action Agenda - April 7 and 21, 1999.
ADJOIntNMENT
HANSEN MOVED TO ADJOURN THE MEETING. DIMMICK
SECONDED. MEETING ADJOIIR1/ED AT 6:50 P.M.
Minutes transcribed and prepared by:
Vicki Fruichantie, Contract Secretary
KENAI BEAUTIFICATION COMMITTEE MEETING
MAY 11, 1999
PAGE 5
ITEM A:
.
2.
3.
4.
AGENDA
KENAI CITY COUNCIL- ~ULAR MEETING
MAY 5, 1999
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.us
CALL TO ORDER
Pledge of Allegiance
Roll Call
Agenda Approval
Consent Agenda
*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:
.
.
,
.
.
.
,
PUBLIC HEARINGS
Ordinance No. 1823-99 -- Increasing Estimated Revenues and
Appropriations by $246,069 for Street Improvements.
Ordinance No. 1824-99 -- Increasing Estimated Revenues and
Appropriations by $142,000 for the Purchase of Land for the Kenai
Public Health Center.
Ordinance No. 1825-99 -- Increasing Estimated Revenues and
Appropriations by $737,000 for the Construction of a Multi-Purpose
Facility.
Resolution No. 99-27 -- Requesting the Alaska Railroad Corporation to
Select an Alaska Company for the Design and Construction of Three
Rail Barges.
Resolution No. 99-28 -- Awarding a Contract for Health and Life
Insurance Brokerage Services.
Resolution No. 99-29 -- Transferring $9,500 in the General Fund for
Moving Expenses.
'1999 Continued Operation of Liquor License -- OBJECTION
WITHDRAWAL -- Eaglechief, Inc. d/b / a Katmai Hotel.
o
'1999-2000 Liquor License Renewal-- Don Jose'
Restaurant/Bevera§e Dispensary.
s Cantina & Mexican
ITEM D:
,
2.
3.
4.
5.
6.
7.
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planmng & 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:
,
MINUTES
*Regular Meeting of April 21, 1999.
ITEM F:
CORRESPONDENCE
ITEM G:
OLD BUSINESS
ITEM H'
.
.
,
,
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 1826-99 -- Changing Pay Ranges of the Water and
Sewer Operator I and Water and Sewer Foreman in the Employee
Classification List at KMC 23.50.010(d).
*Ordinance No. 1827-99-- Amending KMC 23.55.040 to Increase the
Uniform Allowance for the Fire Department.
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- None Scheduled
ITEM K:
ADJOURNMENT
KENAI CITY COUNCIL- REGULAR MEETING
MAY 5, 1999
7:00 P.M.
KENAI CITY COUNCIL CHAMBEI~
http://www, ci.kenai.ak.u s
MAYOR JOHN J. WILLIAMS, PRESIDING
ITEM A:
CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:00 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-1. PLEDGE OF ALLEGIANCE
,
Mayor Williams led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk.
Frazer, Williams and Bookey.
Present were:
Swarner, Moore, Measles, Bannock,
A-3.
AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD AS:
H-5, Discussion-- Election of Council Positions
ADD AT: I- 1, 5 / 2 / 99 AML Fax Alert regarding Safe Communities / Revenue
Sharing Funding
MOTION:
Councilman Bannock MOVED for approval of the amended agenda and Councilman
Bookey SECONDED the motion. There were no objections. SO ORDERED.
CONSENT AGENDA
Mayor Williams requested the following change to the Consent Agenda:
ADD TO:
E- 1, Minutes of April 21, 1999 Council Meeting: Add at
J-2, at Councilman Bannock's discussion, the following:
"Bannock also requested a discussion regarding election of council
members be included as a discussion item at the May 5, 1999 council
meeting. He added, he would prepare an explanation of his concept to
distribute to council prior to the discussion."
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 2
Councilman Moore MOVED to approve the consent agenda as amended and
Councilwoman Swarner SECONDED the motion. There were no objections.
ORDERED.
SO
ITEM B:
SCHEDULED PUBLIC COMMENTS-- None.
ITEM C:
PUBLIC HEARINGS
C-lo
Ordinance No. 1823-99 -- Increasing Estimated Revenues and
Appropriations by $246,069 for Street Improvements.
MOTION:
Councilman Measles MOVED for adoption of Ordinance No. 1823-99 and
Councilwoman Swarner SECONDED the motion.
There were no public comments. City Manager Ross explained the $214,248 was
made up of funds provided by the capital matching grant program given by the state.
The remaining monies were the city's match required for street projects. He added,
the Crow Court paving project would use some of the funds.
VOTE:
Swarner: Yes
Bannock: Yes
Bookey: Yes
Moore: Yes Measles' Yes
Frazer: Yes Williams: Yes
MOTION PASSED UNANIMOUSLY.
C-2o
Ordinance No. 1824-99 -- Increasing Estimated Revenues and
Appropriations by $142,000 for the Purchase of Land for the Kenai
Public Health Center.
MOTION:
Councilman Bookey MOVED for adoption of Ordinance No. 1824-99 and
Councilwoman Swamer SECONDED the motion.
There were no public comments. It was explained the ordinance would purchase
property from the Airport Land Fund on which the new Kenai Health Center will be
located. Councilwoman Swarner asked when the project would start. Ross
explained the six-month period for which the appraisal was acceptable to FAA was
soon to end. The transfer of the land would not take place at this time, but the city
is purchasing the property from the Airport Land Fund so that another appraisal
would not be needed.
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 3
Williams noted, he had been assured by legislators the reappropriation to fund the
building project would not be pulled. AFHA stated the bond money is there. He
noted, Mayor Navarre had stated during a discussion at the Chamber luncheon the
funds would now go directly to the Borough from the state.
Ross added, the preliminary work on the design had been completed through
working with the Public Health Nurses. He believed the project would be bid-ready
by mid-year and go to construction next year.
VOTE:
Swarner: Yes
Bannock: Yes
Bookey: Yes
Moore: Yes Measles: Yes
Frazer: Yes Williams' Yes
MOTION PASSED UNAN~OUSLY.
C-3o
Ordinance No. 1825-99 -- Increasing Estimated Revenues and
Appropriations by $737,000 for the Construction of a Multi-Purpose
Facility.
MOTION:
Councilman Moore MOVED for adoption of Ordinance No. 1825-99 and Councilman
Measles SECONDED the motion.
Rick Baldwin-- 3080 Kim-N-Ang, Kenai. Baldwin stated he had hoped there would
be a packed house of supporters when Ordinance No. 1825-99 went to public
hearing. He added, he had been working on the project for a long time and it was
obviously a big disappointment to the user groups when the bids came in higher
than funding available.
Baldwin added, he had read City Manager Ross' report to council and he had
discussed it with the user group he represents. He noted, if the council's position
was that the total funding was not available, his group would not be adding a lot of
pressure. Baldwin added, he would continue to work with the city to make the
multi-purpose facility a reality. The benefit of the building is for the children of the
area. He added, he would leave it up to the council to decide whether funding was
available. If council's answer was no, his group was willing to do this project or a
scaled-down project. Baldwin added, he encouraged council to keep the money
dedicated to this project so Kenai, a northern city, would have a place for northern
sports.
Bob Downs -- 1616 Tanaga, Kenai. Downs stated he was a 27-year resident of Kenai
and a hockey coach. He added, he was disappointed with the bids and
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 4
complimented council for the time and effort put into the project and especially City
Manager Ross for his efforts.
Downs stated he believed putting money into the multi-purpose facility project would
be better for the community. The community raises good citizens. He added, he
loves Kenai and wanted to see it grow. Because it is a progressive city, people
coming into the area need to be offered the best facilities, shopping, schools, etc.
Downs stated he was discouraged but hoped the project would get done in order to
offer the children of the area more than video games and TV.
Terry Eubank -- 313 Walker Lane. Eubank stated he graduated from KCHS in 1989
when the issue of building a rink was first brought forward. He noted, the distance
to the Soldoma rink was an issue, but it wasn't the issue on which he wanted to
focus. Lack of ice time was his major concern. He added, he was very discouraged
about the bid findings. He believed the reason the bids were high was because it was
a multi-purpose building and not just an ice rink. A bare-bones facility could be
built. He encouraged council to not just focus on the distance for traveling to the
Soldoma rink, but the economics the facility would provide.
Eubank requested council to consider passing the ordinance. He noted, he
understood it was a bad time in regard to the economy and appreciated the work
done. However, he wanted the project to go forward. Eubank added, he returned to
Kenai to raise his family because it offers great schools and is a great community.
Nate Kiel-- 404 Lawton, Kenai. Kiel stated he appreciated the support of the council
and adminis~afion for the project. He added, he was involved in gathering support
and endorsements from many user groups in the area when the project was first
considered; approximately 2 V~ years ago. Consensus was the project was a great
idea, especially if was done with a practical approach.
Kiel added, he understood there were hard economic times, but felt the project
should go forward as the project was not one-dimensional as the facility would be
used for more than one user and not all would be children. Kiel continued, they
were faced with the possibility they would need to work harder to find another route
to make the project go forward and encouraged council to help the user groups find a
way to go forward with the project.
Peter Klauder-- Klauder & Co. Architects, 45 North Forest Drive, Kenai. Klauder
thanked the people with which he worked and stated he was impressed with the
approach and attitude of the hockey association. He noted, from the beginning he
was retained to design a multi-purpose facility and he assured council and the public
he did everything possible to keep the cost down with the first phase of the facility.
He added, as much as possible was cut out of the design.
Klauder offered to begin scaling down the project if that was what was council
desired. However, he agreed with the recommendation of City Manager Ross not to
scale down the project, but he would scale it down at no additional cost. On a
personal note, Klauder stated he. was a ten-year resident of Kenai and was raising
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 5
two children. He would like the project to go forward but was sympathetic to the
funding concerns.
Councilman Bookey stated he was also disappointed the bids came in as they did as
he was aware there had been a lot of hard work done on the project. Though he
would like to go forward with the project, he could not support the ordinance as
presented because it would not be fiscally responsible to the rest of the community.
He added, he would like to scale down the project or work with the present design; he
didn't want the project to die.
Councilman Moore stated he heard comments from the general public who were
involved in the bid process that the city made a mistake by bidding the building
phase of the project together. He noted, he had also been told Challenger planned to
re-bid their project in a few months. Also, the person who would get the Challenger
project bid would be very aggressive, knowing they had the bid, when bidding the
multi-purpose facility.
MOTION TO AMEND:
Councilman Moore MOVED to amend the ordinance to delete the third whereas
which stated, "Whereas, the property is now ready to proceed with the building
construction phase." Councilwoman Swarner 81~CONDI~D the motion.
Councilman Bannock stated he believed council had an obligation, based on the land
swap with the BOR, to build the project with the funds collected from the land sales.
City Manager Ross explained, the land sales involved three parcels, one of which was
not ready for market. BOR released restrictions as a result of negotiations in which
the city represented the funds would be used for recreational purposes. He added,
there was no specific signed contract legal obligation. However, in working with the
congressional delegation, Mental Health, Kenai Peninsula School District, the
Borough, in putting the package together and with council's concurrence, it was
clearly represented the city would be committing to do a project of this nature on
that property. Ross stated, he made the commitment on council's behalf with their
concurrence.
Ross referred to his memorandum included with the ordinance and stated, it was not
an easy recommendation to make, but it was based on the red ink throughout the
city's budget. He added, other funding sources needed to be found outside the
General Fund to supplement the $750,000 and then proceed with the project.
However, the project should be put on the shelf until an additional funding source
was found.
Moore asked if his amendment would only follow suit with the commitment to BOR
and keep the project on the table. Ross stated, council would then be considering an
ordinance to appropriate $737,000 to be set aside in a capital fund. He noted, if the
project was to go forward, a substitute ordinance may have been offered at another
amount other than $737,000.
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 6
Moore stated it was his intent to place the funds in a capital fund. He referred to his
former comments that the city may have been in error to bid both the projects at the
same time. He suggested ff the Challenger project was re-bid, the multi-purpose
facility could then be put back out to bid. He added, there was the possibility the
contractor acquiring the bid for the Challenger project may then be more aggressive
in bidding the multi-purpose facility. If the project was re-bid, the money would be
in a capital project fund ready to proceed.
Ross stated he had no objection to setting the funds aside in a capital project fund.
He added, he didn't think it was needed to pursue options with the users groups in
working with the project. Ross added, it was not his intent the project would sit on a
shelf and gather dust, but he wanted to fred additional funds, or determine if the
project could live within the funds and proceed.
Councilwoman Swarner asked if the site work was proceeding as planned. Ross
answered, yes. Swarner stated her concern there would be a lot of dust from the dirt
work until the building proceeds. Ross answered, he strongly recommended the site
work be continued as he didn't believe a better price could be had and it showed
there was a commitment to the project to proceed. Swarner Stated she didn't have a
big problem with the site work going forward, but had concerns of the site work
proceeding and the site sitting vacant for years. She added, she also was very
disappointed with the bids and urged administration and others to work very hard at
acquiring additional funds to go forward with the project.
Ross noted, even if the project would go forward, the parking lot (a major portion of
the site) would not be paved. There would still be a gravel pad which would generate
dust. Swarner referred to the site where Kmart was built and noted while it sat
vacant for a long period of time, it created a lot of dust. Councilman Frazer added,
he lived across the street from the Middle School and during the time the soccer
fields were cleared and sat for two or three years, they too created a lot of dust. He
noted, anything that could be done to prevent that happening on this site would be
much more preferable.
Frazer added, he sympathized with the skating groups and basically supported the
project, but with reduced revenues and budget cuts from the state level, he didn't
believe the project could be built at the present cost. He continued, he hoped the
city would continue working on the project, knowing there may be some alternate
funding sources in the public sector which may be available. Frazer hoped the
project would go forward in the future, after finding alternate funding sources.
Bill Popp -- Project Coordinator for Challenger Learning Center. Popp stated, the
bids came in higher for their project and an extensive analysis was made to identify
why they came in higher. They identified several issues needing to be resolved and
their Board would be reviewing those issues at their next meeting. Popp added, their
construction committee identified a component left in the bid documents that should
have been removed which added approximately $480,000 to the bid price. The
component would be removed prior to re-bidding the project. Also, in talking with
the contractors there were some timehne issues where subcontractors were unable to
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 7
do research necessary to better identify costs related to certain aspects of the
building. They now had a better understanding. Popp noted, knowing these issues
and understanding them, they felt the project could be brought back in on target
with the original bid estimate.
Popp added, the Board would be considering issuing an addendum to the
planholders of record and the four contractors who bid would be allowed to adjust
their bids after having received the addendum. The addendum would be issued on
or about May 14 with the bid opening on June 2. Popp noted, they were well within
their timeline to begin construction August 1.
Popp added, his organization did not think the bid concerns were insurmountable
and the problems had been identified. Williams asked if the multi-purpose facility
came up in their discussions with the bidders. Popp stated there were two distinct
types of construction between the two projects which seemed to be more of the
problem. Moore asked if construction was still planned to begin on August 1. Popp
answered yes. It was noted construction on the multi-purpose facility was to begin
on August 1 and completed by November 1.
Councilman Measles stated he believed the amendment offered by Councilman
Moore was going in the right direction and he would support the amendment and
support passing the ordinance as amended. He added, he didn't think it would hurt
to re-bid the project as a separate project. Williams stated he also supported the
amendment and thought it was a good idea to set the funds within their own capital
project in order to continue support of the project.
VOTE ON THE AMENDMENT:
Swarner: Yes
Bannock: Yes
Bookey: No
Moore: Yes Measles: Yes
Frazer' Yes Williams: Yes
MOTION PASSED.
Williams noted he met with a group in Anchorage interested in partnering with the
city in developing the project, including all phases (costing approx/mately $3 million).
This group was already building two rinks in Anchorage. Williams added, he
delivered a full set of prints, specifications, etc. to the group and indicated he would
like them to come to Kenai to discuss the project with all the conceivable user groups
(school district, Oilers, flea market organizers, etc.). He would like to see if the
community as a whole would support the project.
Williams advised, in order to do this type of a parmering project, it would require
about $15,000 a month in user fees to retire a $2 million debt. Also, if the city would
partner with a private organization, the private organization would be asked to run
the program, take care of the overhead and maintenance of the facility and the user
groups would have to pay fees for the use of the facility. Williams asked if the
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 8
operation could be expanded financially to include debt service on $2 million. He
noted, until now, there had not been any discussions of whether private enterprise
would want to get involved. Wi~ams asked those present if they would be interested
in this type of an arrangement and whether they would help in organizing a meeting
with the private enterprise and the user groups.
Rick Baldwin -- Baldwin stated, if it would work it would be a good way to go with
the project. However, until the enterprise was willing to submit and sign a proposal,
it was an unknown. He added, he believed the idea was worth exploring, but it
would also be worth exploring if the first phase was already butt. Baldwin stated,
his greatest fear would be the concept would be pursued and then not happen.
Baldwin continued, he liked the idea of continuing forward as first suggested, and
pursue the private sector involvement on a side track. Williams noted, the private
sector group would not be taking the opportunity to discuss or review the financial
elements until knowing what the user groups would do for them. Williams
suggested, the user groups needed to meet and show their support of the project
which had been a problem in past efforts of fundraising. Williams added, he would
support the ordinance and would work to find other finances to help build the
facility.
Bob Downs -- Downs stated he didn't think it would be a problem if ice time was
charged out at $100-$115 an hour because of the amount of hockey players in the
city. He noted, there were many parents who drove their children to Soldoma to
practice. At this time the hockey association could not expand because of the lack of
ice time available. Downs added, he had no doubt a wing of the KP~ could be
started in Kenai bringing additional players into the program which would generate
more funds. Downs noted, if the facility was butt, he had no doubt the revenue
would be there; but something needed to be started to get more families involved and
more opportunities for the children.
Swarner asked if Downs had any suggestions for finding additional funds to build
Phase 1. Downs answered no. He thought the land swap was the best opportunity.
Swamer asked if KPHA had any funds to put toward the project. Downs answered
no.
Williams noted, with the tremendous demands for ice in Anchorage (three new
facilities) and in building a facility in Kenai (possibly through public/private
enterprise), it would expand the entire offering when more teams from Anchorage
came to Kenai, etc.
VOTE ON AMENDED MAIN MOTION:
Swarner: Yes
Bannock: Yes
Bookey: No
Moore: Yes Measles: Yes
Frazer: Yes Williams: Yes
MOTION PASSED.
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 9
Measles asked if a motion was needed to proceed with the site work. Ross answered,
only if council directed administration not to proceed with the contracts. There was
no other direction stated.
BREAK TAKEN: 8:00 P.M.
BACK TO ORDER: 8:12 P.M.
C-5o
Resolution No. 99-27 -- Requesting the Alaska Railroad Corporation to
Select an Alaska Company for the Design and Construction of Three
Rail Barges.
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 99-27 and
Councilwoman Swarner SECONDED the motion.
There were no public comments. Wilhams reported he spoke with the Governor while
he was in Juneau and the Governor guaranteed his support and was to pass that
support on. Williams also reported Mayor Navarre was drafting a letter to the
Governor regarding the matter for he and Mayors Navarre and Lancaster to sign.
Williams requested support of the resolution.
VOTE:
There were no objections. SO ORDERED.
Resolution No. 99-28 -- Awarding a Contract for Health and Life
Insurance Brokerage Services.
MOTION:
Councilman Bookey MOVED for adoption of Resolution No. 99-28 and Councilman
Bannock SECONDED the motion. There were no objections. SO ORDERED.
There were no public comments. Ross reported, for several months a committee of
employees had been working on the health care issue and trying to work with funds
available and escalating costs. Discussions with Blue Cross was not good and as a
result, requests for proposals were advertised to review alternative carriers. He
added, the budget, as submitted, did not have sufficient funds included to cover the
total increase. Ross added, it was administration's recommendation to use Brown
Agency as the city's brokerage service.
Williams asked if there was any indication from the Brown Agency an idea of the
total cost of the health insurance package would be and how it would compare to last
year's insurance costs. Finance Director Semmens answered, irrespective of the
broker, if the city stayed with Blue Cross, the cost from Blue Cross would be the
same as indicated. Blue Cross representatives came to Kenai and told the committee
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 10
the cost would $623,000, including life insurance of about $15,000. He added, last
year's health insurance cost $523,000. Williams stated he thought there was a
disparaging difference between last year's and this year's costs, which he did not
think were due to inflation.
Frazer asked if there were any alternatives offered in the broker proposals. Semmens
answered, only to the extent they would shop other carriers besides Blue Cross. He
noted, the brokers had included lists of possible carriers to contact. Williams asked
if there were any provisions with the state to tag onto state employee's health
insurance program. Semmens answered, he understood the state was now self-
insured. However, there was a program for municipalities to tag onto the previous
state insurance program. As long as the state was bringing on other municipalities,
it was not a big expense. However, when the state employees were taken out of the
plan, the costs for the insurance escalated sharply for the municipalities. Semmens
added, because of that, the City of Soldoma chose to self-insure. He added, a plan
was there, however it would be far more expensive than Blue Cross.
Wilhams asked if there was a potential of self-insuring with a back-up for
catastrophic medical from an outside carrier. Semmens answered, the insurance
committee investigated that and had a representative from the City of Homer speak
to them in this regard. He noted, there were a number of municipalities on the
Peninsula who do that, but there were risks involved. He recommended to study it
further prior to recommending self-insurance, which was what the committee was
doing.
Williams asked if re-insuring outside of the self-insurance program was viable for
catastrophic care? Semmens answered yes, with stop-loss insurance. Frazer asked
Semmens if he thought the city was stuck with the 16½% increase in insurance
costs. Semmens answered, whoever the broker, they would shop the plan. However,
he had been told that because the city had been with Blue Cross for many years,
they would be the city's best bet.
Frazer asked what kind of costs Homer was incurring with self-insurance. Semmens
answered, in 1998 Homer spent $527,000 for 80 persons. The City of Kenai spent
$523,000 for 90 persons. He added, last year Homer had a bad year and spent more
than normal. Due to that, they saw a 25% increase in their stop/loss maximum.
Ross stated, with a group as small as the city's, there were major risks to undertake
when self-insuring. On the horizon (which may require legislative change) a program
was being developed for pooled health care insurance through AML/JIA. Bannock
asked how many of the city's 90 employees have dependents included on their
insurance. Semmens answered 77. Wi~ams suggested the high insurance costs
could be attributed to high medical costs in Alaska.
VOTE:
Swarner: Yes Moore: Yes Measles: Yes
IiEN~ CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 11
Bannock: Yes Frazer: Yes Williams: Yes
Bookey: Yes
MOTION PASSED UNANIMOUSLY.
Resolution No. 99-29 -- Transferring $9,500 in the General Fund for
Moving Expenses.
MOTION:
Councilman Measles MOVED for adoption of Resolution No. 99-29 and Councilman
Bannock SECONDED the motion.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-7o
1999 Continued Operation of Liquor License -- OBJECTION
WITHDRAWAL-- Eaglechief, Inc. d/b/a Katmai Hotel.
Approved by consent agenda.
C-8o
1999-2000 Liquor License Renewal-- Don Jose's Cantina & Mexican
Restaurant/Beverage Dispensary.
Approved by consent agenda.
ITEM D:
COMMISSION! COMMITTEE REPORTS
V-Xo
Council on Aging
Swarner reported, unapproved minutes of the Council on Aging meeting held on April
27 were included in the packet. She noted, Mr. Huddleston had to resign from the
Council due to his now being a city employee. An application for appointment was
included in the packet, however Swarner suggested the appointment be held until
the position could be advertised at the Senior Center for a while longer.
Airport Commission
Measles reported the Commission would meet on May 13, 1999.
D-3o
Harbor Commission
Bookey reported the Commission would meet again on May 10. Williams stated he
had a short conversation with Mr. Fuhs of Peratrovich, Nottingham & Drage (PND) in
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 12
Juneau. He suggested representatives from PND come to Kenai after the closure of
the Legislature to discuss areas of funding for the bluff erosion project. Williams
noted, Fuhs believed EVOS would have funds to put toward the project.
Ross reported PND had submitted a proposal which would be discussed by the
Harbor Commission at their May 10 meeting. The proposal included price
information to conclude the study (approximately $53,000) and ready it for OCS
presentation or other funding sources. He added, the proposal outlined a fairly
significant scope of work to get it into pre-design status.
Library Commission
Moore reported the Commission met May 4 when they were introduced to the new
librarian, Ewa Jankowska, who was warmly received and who participated well in the
meeting.
Moore added, a report from the Friends of the Library was heard and who announced
they would hold another book sale the first week in June. Also, the Commission was
presented an interesting summary of the library survey. Moore added, the
Commission also had a short discussion regarding the city budget. Moore
introduced Ewa Jankowska to the council and audience.
9-5.
Parks & Recreation Commission
Frazer reported the next meeting was scheduled for May 6, 1999.
D-6o
Planning ~ Zoning Commission
Moore reported he attended the meeting for Bannock. Most of the meeting revolved
action on a conditional use permit for a storage yard on Beaver Loop. He added, the
Commission denied the permit and the applicant was given appeal information.
Clerk Freas noted, to date no appeal had been filed.
9-7.
D-7a.
Miscellaneous Commissions and Committees
Beautification Committee
Swarner reported the next meeting was scheduled for May 11 at 5:30 p.m. in the
council chambers. She also reported a volunteer orientation would be held at 7:00
p.m. that same evening.
Historic District Board
Moore reported no meeting was scheduled for May. He also reported, a book of 130
pages and documenting the history of the City of Kenai was presented to him by a
local third grade class. The class interviewed residents and past and present
mayors for much of the material included in the book. Moore added, the book would
be kept at the Kenai Community Library.
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 13
Moore also reported the next meeting of the Board was scheduled for duly 19.
noted, he would not be able to attend the meeting.
He
D-7c.
Kenai Visitors/l~ Convention Bureau Board
Bookey reported no meeting was held since his last report. He noted, the "Get to
Know Kenai" reception was held at the Center and was attended by over 80 people. A
tremendous amount of feedback was received from the community. Bookey added,
Director Tart was very pleased with the effort and the turnout.
Bookey also reported the directors of the Permanent Fund Corporation would be
meeting in Kenai on June 15. He suggested council and mayor meet with the board
members and arrange for a tour of the city. A short discussion followed and it was
decided by council to hold a small reception for the board members and other
community leaders. It was also suggested the reception be held at the Fire Training
School. Clerk Freas was requested to coordinate the reception with Director Tarr.
D-7d.
Alaska Municipal League Report
Council members who just returned from a trip to Juneau reported on their trip.
Frazer stated it was always hard to know after going, if discussions with legislators,
etc. had any effect. He added, those who went gave their best shot to emphasize to
the legislators their initial decision regarding municipal assistance and revenue
sharing was wrong.
Bannock reported it had been his first trip to Juneau. He spoke to as many
legislators as he could and all understood the position of the city with regard to
municipal assistance and revenue sharing. Swamer stated she didn't leave Juneau
as disappointed as she had in the past.
Williams referred to a letter from Senator Ward which was distributed to council
before the meeting. The letter referred to funds requested for upgrading
Redoubt/Forest Drive and bike paths, as well as the Nikiski Senior Center, Kenai
Senior Center (funds for a new phone system), maintenance shop and funds for the
possible upgrade of the Little League fields. He added, it would be seen in the next
weeks whether any of the funds are awarded.
ITEM E: MINUTES
E-Xo
Regular Meeting of April 21, 1999.
Approved by consent agenda.
ITEM F: CORRF~PONDENCE-- None.
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 14
ITEM G:
OLD BUSINGS-- None.
ITEM H:
NEW BUSINESS
H-X.
Bills to be Paid, Bills to be Ratified
MOTION:
Councilwoman Swarner MOVED to pay the bills and Councilman Bookey
SECONDED the motion.
VOTE:
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 Measles SECONDED the motion. There were no objections. SO
ORDERED.
H-3.
Ordinance No. 1826-99 -- Changing Pay Ranges of the Water and
Sewer Operator I and Water and Sewer Foreman in the Employee
Classification List at KMC 23.50.010{d).
Introduced by consent agenda.
H-4.
Ordinance No. 1827-99-- Amending KMC 23.55.040 to Increase the
Unifom Allowance for the Fire Department.
Introduced by consent agenda.
Discussion -- Election of Council Positions
Bannock distributed a handout regarding the current make-up of the council,
labeling the seats A-F. He noted, the ballots normally instruct voters to vote for not
more than two for a three-year term. However, this year's ballots would be different
due to the resignation of Councilman Smalley which would request voters to vote for
not more than one for a one-year term (and the normal vote for no more than two for
two three-year terms). He explained, his proposal was to hold an election for council
positions based on the labels of the seats and instead of electing the top two receivers
of votes, the ballots would instruct voters to vote for not more than one for the
labeled seat up for election. Bannock stated he was not interested in dividing areas
of representation by labeling the seats. The result, Bannock hoped, would diminish
an advantage he felt was given to incumbents running for re-election.
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 15
Bannock continued, by labeling the seats, an election would give an advantage to the
challenger and not to the incumbent. He noted, the Charter was clear in directing
the process for elections. Bannock added, he didn't want to change the staggering of
the terms.
Williams noted, in order to change the process of election as Bannock suggested, the
Charter would have to be changed, which would require a vote of the people.
Bannock agreed, and noted it could be done by petition for a ballot change or council
could put the question on the ballot, which was his preference. He added, he wanted
council to discuss the issue and put it to a test. Bannock noted, the change would
be to Kenai Charter, Section 14.4(b), removing "...The two candidates for councilman
receiving the greatest number of votes shall be elected..." And using as a possible
replacement or additional wording, "...Each council seat shall be a specifically
designated seat, i.e. A, B, C, D, E, & F. Each candidate for the office of council
member shall file for, and if elected, occupy a specifically designated seat."
Bookey stated he was serving his third term on council and felt comfortable with the
current process. He noted, he had been involved in elections when he had no
challengers, two challengers, and five challengers and saw no reason to make a
change. He preferred to leave the process as it was now.
Measles agreed with Bookey and added he was a firm believer in the adage, "if it ain't
broke, don't fix it." He continued, the process had not been a problem for the city
since its incorporation and felt there needed to be a very good reason to change a
Charter and didn't think this was a good reason.
Frazer referred to the issue of incumbency which came up during the time he was
involved in interviews with council for the appointment to Councilman Smalley's
position. At that time, comments were made the council was appointing an
incumbent which would give an advantage in the October election. He added, he
believed the largest part of incumbency was the ability to raise campaign funds.
Frazer added, he didn't think in the city election process many fund raisers were held
for persons running for a council position. He added, he didn't think incumbency
was a factor for city elections as it would be for state and federal offices. Frazer
stated he didn't think incumbency should be a major consideration.
Swarner agreed with Measles and saw no reason to make a change in the Charter.
Moore asked Bannock if there was only one person who approached him with the
process concern. Bannock answered, the question arose at the time of his first
successful election. He noted, during that election he was hoping to win the seat
.previously held by Councilman McComsey, however he was actually running for one
of the two positions up for election. He added, he believed the reason incumbents
win in city elections was because they were familiar with the issues because of their
attendance to council meetings, etc.
Bannock stated, his discussion was brought forward because he wanted to examine
if there was an unfair advantage of being an incumbent. He added, it was his
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 16
opinion the Charter did give an unfair advantage and was asking council to consider
the issue and place it on the ballot. Bannock asked what was wrong with placing the
question on the ballot; what was there to be afraid of; if it was placed on the ballot
and passed, what would be changed. He added, if a person wanted to run against
one of the council and not another or wanted to run as a team with another
candidate, who would lose in that scenario.
Swarner stated in prior elections in which she was a candidate, she always had
opponents. She added, she felt the voters selected her over others and didn't see any
need for designation of the seats. Swarner noted, putting a question on the ballot for
an opinion of the voters was not always the wisest choice.
Measles stated his biggest fear was that the Charter could be changed with only 17%
of the population voting, which has been the historical turnout of voters. He added,
that would not be a good situation. Bannock stated, he was not wanting to place the
issue on the ballot for an advisory vote, but to ensure it would pass and then enact
it.
Moore asked ff the Charter could be changed by a majority vote. Answer was yes.
Williams added, the Charter had been standing for about 37 years. He agreed with
Measles and would hesitate to allow a small majority of those being affected by the
Charter to change the course of history for the remaining citizens of the city. As an
example he offered, ff a question was asked whether to abandon the Charter and un-
incorporate the city, 17% of the voters could say yes and dissolve the city. He added,
he .didn't think there was a problem or had been a problem with the current Charter
provisions.
Williams stated, it had been an interesting discussion. Bannock stated, the Charter
was clear on how it could be changed and noted, a change could be pursued through
council or another way. He would pursue the other way to change the Charter and if
that failed, it would be a dead issue.
ITEM I:
I-1o
ADMINISTRATION REPORTS
Mayor-- No report.
I-2. City Manager
Main Street Loop Easement -- Ross reported there was a
platted easement on Main Street Loop which entered into the
Dairy Queen property. In addition to this easement, utilities had
also been run into the property. The easement was never
recorded. Ross su§§ested, with the §as line §oin§ throu~l the
property, the draina§e swale, etc., he found no reason why the
easement was not recorded since it had been platted, prepared
and paved. He asked council if they knew of any reason why the
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 17
easement should not be recorded. There were no objections or
comments from council in regard to recording the easement.
b.
State Proposal (Acquisition of Wetlands) -- Ross noted he
reported during the last council meeting (budget work session)
the state had offered to purchase wetlands from the city. He
noted, the state indicated they had already contacted an
appraiser in regard to the project. Unless council objected, he
planned to proceed with them and in three months
(approximately), the city may receive a proposal from the state.
There were no objections to proceeding voiced from council.
Ce
Budget Work Session -- Ross noted the next bud§et work
session was scheduled for Monday, May 10. He added, without
hearing anything definite from the Legislature regarding
municipal assistance and revenue sharing distributions, he had
no reason to change the memorandum he previously prepared
for council indicating cuts, etc. Ross stated, if the city received
additional funds from the Legislature above what the budget was
based upon, it would not balance the budget, but would reduce
the red ink. He added, without objections, he would resubmit
the same information for the next work session. Council stated
no objections.
Moore questioned whether the proposed purchaser of the Dairy Queen property was
proceeding with the inspection of the property as previously discussed. Ross
answered, the proposed buyer was proceeding with the civil survey and have
completed the environmental inspection. Administration had not received an
indication there were any problems to date. He added, City Engineer La Shot and he
had met with the purchaser's civil engineer and he had spoken with NAPA
representatives. Ross continued, a decision was being made as to which three trees
on the property would need to be removed (to increase the parking area). Ross
stated, the purchaser was proceeding.
1-3.
Attorney-- No report.
I-4. city Clerk
Kenai Peninsula Coalition Meeting-- Freas reported a Coalition
meeting was scheduled to be held at the ARFF on Tuesday, May 11,
1999, beginning at 10'00 a.m.
b.
AML Donation Request -- Freas referred to information included in the
packet regarding a request from AML for an additional donation to be
used for educational messages, advertising, etc. regarding municipal
assistance and revenue sharing.
Williams suggested a donation of $500.
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 18
I-6o
I-7o
MOTION:
Councilwoman Swamer MOVED to send $500 to AML for the program
of education the public and Councilman Frazer SECONDED the motion.
There were no objections. SO ORDERED.
Finance Director-- No report.
Public Works
City Engineer La Shot reminded council if they were receiving
comments about coloration of city water, it was because the repairs
were being made to the new wellhouse and water was being pumped
from the old wellhouse.
Airport Manager
Acting Airport Manager Holland reported he and his administrative
assistant would be taking part in the State Aviation and Trade
Conference in Anchorage over the weekend to talk with visitors and
promote the Kenai Airport.
ITEM J:
DISCUSSION
J-lo
Citizens-- None.
J-2. Council
Bookey-- No comments.
Swarner -- Stated it was nice to travel to Juneau with more than two people
representing the city. She added, she believed it was very beneficial. Moore -- No comments.
Measles -- Reported he would be out-of-town for the next two meetings (May
19 and June 2). He added, he would not be able to attend the Airport Commission
meeting scheduled for May 13. Councilman Bannock stated he would attend for
Measles.
Bannock -- No comments.
Frazer-- No comments.
Williams -- Reported he would be out-of-town for the May 19 meeting to
attend the closing of the Legislature. Williams appointed Councilwoman Swarner as
Chair Pro Tempore for the May 19 meeting due to the impending absence of Mayor
Williams and Vice Mayor Measles.
EXECUTIVE SESSION- None Scheduled
KENAI CITY COUNCIL MEETING MINUTES
MAY 5, 1999
PAGE 19
ITEM K:
ADJOURNMENT
The meeting adjourned at approximately 9:40 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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SUggested by:
Administrat ....
CITY OF KENAI
ORDINANCE NO. 1828-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE
ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1999 AND
ENDING JUNE 30, 2000.
WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City
Council, not later than the tenth day of June, adopt a budget for the following fiscal
year and make appropriation of the monies needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA as follows:
Section 1'
That certain document entitled "City of Kenai 1999-2000 Annual Budget" which is
available for examination by the public in the Office of the City Clerk and is
incorporated herein by reference, is hereby adopted as the budget for the City of Kenai
for the fiscal year commencing duly 1, 1999 and ending dune 30, 2000.
Section 2:
The following sums of money are hereby appropriated for the operations of the City of
Kenai for the fiscal year commencing on the first day of July, 1999, and ending the
30th day of June, 2000, to be expended consistent with and subject to the
restrictions, procedures, and purposes set forth in the Code of the City of Kenai and
to be expended substantially by line item in the manner shown in the budget adopted
by Section 1 hereof:
General Fund
$7,850,205
Boating Facility Fund
Airport Terminal Fund
Congregate Housing
Water and Sewer Fund
Airport Land System Fund
Senior Citizen Title III Grant Fund
Senior Citizen Title V Grant Fund
Senior Citizen COA-Borough Fund
1984/86 / 93 Bond Issue Debt Service Fund
General Land Sales Trust Fund
Airport Land Sales Trust Fund
237,872
433,350
371,069
1,344,624
1,300,079
193,242
19,258
129,171
220,294
21,600
40,800
Ordinance No. 1828-9'9
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of June,
1999.
ATTEST:
JOHN J. WILLIAM S, MAYO R
Carol L. Freas, City Clerk
Approved by Finance' ~
~,,
(5/5/99)
Introduced:
Adopted:
Effective:
May 19, 1999
June 2, 1999
July 1, 1999
CITY OF KENA!
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
Memorandum
Date:
To:
From:
May 14, 1999
Mayor & City Cotmcil
Richard A. Ross, City Manager
Snug Harbor Leases
Snug Harbor has requested that they be released from the leases they presently hold at the
Kenai Dock. This includes the lease for Station No. 2 and the boat storage yard.
Station No. 2 on the dock is leased to Snug Harbor until October of 2000. The annual
lease payment periods are from May 15 through October 1. Snug Harbor is current.
The terms of the lease allow for cancellation by mutual agreement.with no stated
period of notice.
Recommendation: The Administration recommends that the City Council authorize
cancellation of lease. The Administration would then put Station 2 out for bid.
The boat yard is leased tinder a Special Use Permit that expires as of June 30, 1999.
Snug Harbor will operate the yard through that date. If they have not fully removed
property from the yard by that date, they have agreed to pay the monthly charge
through July 31 st.
Recommendation: The Administration requests Council concurrence with Snug
Harbor's proposal for a one-month extension on the Special Use Permit if necessary.
C arbor'
Seafoods, Inc..
Box 701
Kenai, Alaska 99611
907-283-6122
Fax. 907-283-6127
May 14, 1999
City of Kenai
Mr. Rick Ross,
City Manager
RECEIVED ....
NAY I 4 1999
CITY OF KENAI" --
ADMINISTRATION
Mr.-Ross,
Snug Harbor is curremly comemplating Kenai river operations that would make our use
of the City Dock leased-station number two, and the boat yard lease, redundant. We
would appreciate your understanding, and ask for a release from the lease extensions.
Sincerely,
Alaska ChallenRer Center
For Space Science & Technology, Inc.
Resolution 99-07
A Resolution of the Board of Directors of the Alaska Challenger Center for Space Science
Technology, Inc. approving a 99 year lease with the Ci~ of Kenai for use of certain Ci~
land to locate the Challenger Learning Center of Alaska on for $1.00 per year.
Whereas, the Alaska Challenger Center for Space Science & Technology is fully recognized as
a 501(¢)3 non-profit eorcoration by and in the State of Alaska, and
Whereas, it is the statecl purpose of the Board of Directors of the Alaska Challenger Center for
Space Science Technology to establish a science learning center facility to be known as the
Challenger Learning Center of Alaska, ancl
Whereas, the City of Kenai has entered into a Memorandum of Agreement with the Alaska
Challenger Center for Spa~ S~enc~ Technology, Inc., an~l
Whereas, as stipulated in the Memorandum of Agreement, the City of Kenai and the Alaska
Challenger Center for Space Science Technology, Inc. will enter into a long term lease that will
stipulate that the City of Kenai will provide a portion of City property located on that portion of the
W112SW114SE114 of Section 33, lying south of the Kenai Spur Highway R.O.W. within T6N,
Seward Meridian, Alaska, containing 9.64 acres, more or less adjacent to Kenai Central High
School. KPB Tax Parcel No. 045-010-06 on which the Challenger Leaming Center of Alaska will
be sited, and
Whereas, the Project Coordinator has worked with the City of Kenai Administration to develop a
proposed lease for the proposc~l s~te for the Challenger Learning Center of Naska, and
Whereas, section 31 of the proposed lease stipulates that the City of Kenai shall maintain the
parking lot and grounds of the leasc~l premises, and
Whereas, section A of the proposed lease stipulates that the term of the lease is for ninety-
nine (99) years, an(]
Whereas, section C of the proposed lease stipulates that the annual rental payment for the
promises shall be One Dollar ($1.00), an~l
Whereas, it is vital that clear legal title to use of the proposed site for the Challenger Leaming
Center of Alaska mu~ be o~ainc~l by the Alaska Challenger Center for Space Scien~, Inc.
before actual construction of the Challenger Learning Center of Alaska building commences, and
Whereas, legal counsel for the Corporation has examined the proposed lease and believes
that it does in fa~t provide all nee.,~~r~ I~jal title and a~a~ net~l~ to commen~ construction
of the Challenger Learning Center of Alaska building ancl adequately provides for the neecls of
the Corcomtion as prt~iously described by the Boaml of Dim{tom,
Now, Therefore Be It Resolved, that the Boarcl of Directors of the Alaska Challenger
Center for Space Science Technology, Inc. approves the pmposecl lease with the City of Kenai
for use of a portion of City property located on that portion of the W1/2SW1/4SE114 of Section 33,
lying south of the Kenai Spur Highway R.O.W. within T6N, Seward Meridian, Alaska, containing
9.64 acres, more or less adjacent to Kenai Central High School, KPB Tax Parcel No. 045-010-06
on which the Challenger Learning Center of Alaska will be sited.
Resolution 99.07 pa,qB 2 of ~
Be It Further Resolved that the Boam of Directors of the Alaska Challenger Center for Space
Science Technology, Inc. directs that the Project Coordinator will pmceecl with presenting the
proposed lease, in conjunction with the City of Kenai Administration, to the Kenai City Council for
final approval at the earliest possible date.
Be It Further Resolved that the Board of Directors directs the President to execute the
proposed lease immc~liately upon its approval by the Kenai C~ Coun~i.
Adopted by the Boarcl of Directors of the Alaska Challenger Center for Space Sdence &
Technology, Inc. at the regular meeting of the Board at which a quorum was present on May 6t',
1999.
Attest: c~L~c.,..,___ ~
Duane Bannock, ~ecre~ary
ohn VViy~, Vice President
CLC Resolutfon 98 8
~ry R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
(907) 283-3441
FAX (907) 283-3014
LEASE OF REAL PROPERTY
THIS AGREEMENT entered into this day of ,1999, by and between
the CITY OF KENAI, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794, a home-
role municipal corporation of Alaska, hereinafter called "City," and ALASKA
CHALLENGER CENTER FOR SPACE TECHNOLOGY, INC., an Alaska non-profit
corporation, whose address is P.O. Box 1035, Kenai, Alaska, 99661 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 Recording District, Third Judicial District, State of
Alaska; to wit:
Beginning at the NE comer of the parcel described below, which is
the tree point of beginning, thence S 0° 05' 42" E a distance of 400 ft;
thence west 310 feet; thence north 270 feet to intersect the southerly
fight-of-way boundary of the Kenai Spur Highway; thence N 67° 30'
05" E along said fight-of-way boundary to the tree point of beginning,
an area of approximately 2.38 acres of the parcel described as:
Section 33' The surface estate excluding the sand and gravel of that
portion of the W1/2 SW1/4 SE1/4 lying south of the Kenai Spur Road
fight-of-way. Containing 9.64 acres, more or less. Township 6
North, Range 11 West, Seward Meridian, Alaska, according to the
survey plat accepted by the United States Department of the Interior,
Bureau of Land Management in Washington, D.C. on June 24, 1954.
A. PURPOSE' The purpose for which the Lease is issued is the operation of a
Challenger Learning Center. If the premises cease to be used for the operation of a
Challenger Learning Center for a continuous period of ninety (90) days or more, the City may
cancel the lease by giving the lessee thirty (30) days notice in writing.
Bo
day of
TERM' The ternl of this Lease is for ninety-nine (99) years, commencing on the ~
., 1999 to the day of June, 2098.
C,
RENTAL PAYMENT' The rental rate shall be ONE DOLLAR ($1.00) per year.
De
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 automobile parking areas, and
streets.
ALASKA CHALLENGER CENTER LEASE
Page 1 of 12
City:
Lessee:
Cary R. Graves
City Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
(907) 283-3441
FAX (907) 283-3014
2. USES NOT CONTEMPLATED PROHIBITED' Solicitation of donations
or thc promotion or operation of any part or kind of business or commercial enterprise,
than as specifically set forth herein, upon the Premises, without thc written consent of thc
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 fights as
Lessee hereunder. 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 good order at its own expense, allowing no damage, waste, nor destruction thereof, nor
removing 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. CONSTRUCTION APPROVAL AND STANDARDS' Building
construction shall be neat and presentable and compatible with its uses and surroundings.
With the exception of construction of the Challenger Learning Center, the Lessee shall submit
a plan of proposed development of property to the City Planning Commission which shall .~
approved in writing for all additional permanent improvements prior to placing of fill materia,
and/or construction of buildings on a leased area.
7. DEFAULT RIGHT OF ENTRY' Should default be made in the payment of
any 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.
8. CONDITION OF PREMISES: The
unimproved and are leased on an "as is, where is" basis.
premises demised herein are
9. 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.
10. RIGHT OF INSPECTION' City shall have the fight at all reasonable times
to enter the premises, or any part thereof, for the purposes of inspection.
11.
INDEMNIFICATION AND INSURANCE' Lessee covenants to save the
ALASKA CHALLENGER CENTER LEASE
Page 2 of 12
City:
Lessee:
~ry R. Graves
City Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai. Alaska 99611-7794
(907) 283-3441
FAX (907) 283-3014
City harmless from all actions, suits, liabilities, or damages resulting from or arising out of
any acts of commission or omission by the lessee, his agents, employees, customers, invitees,
or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges
granted, and to pay all costs connected therewith.
Lessee, at the expense of Lessee, shall keep in force, during the term of this
agreement, insurance issued by responsible insurance companies authorized to do business in
Alaska, in forms, kinds and amounts as determined and directed by the City for the protection
of City and/or Lessee. Insurance requirement hereunder shall be subject to the sole
determination of the City.
Said insurance may include, but need not be limited to insurance coverages commonly
known as, or similar in kind to, public liability, products liability, property damage, cargo,
aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other
insurance coverage as deemed required in the sole determination of the City. All policies or
endorsements thereto shall in all cases where possible name City as Additional Named
Insured thereunder and shall contain a waiver of subrogation against the City.
Upon approval by City of all insurance required, in the forms, kinds and amounts
directed to be procured, Lessee shall deliver all policy originals or duplicate originals and
endorsements thereto to the City for incorporation within this agreement as attachment
thereto. In any event, Lessee is not to commence to exercise any of the fights and privileges
ranted under this agreement until such time as all insurance directed and required to be
furnished by Lessee is in full force and effect.
Lessee expressly understands and agrees that any insurance protection furnished by
Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless
Lessor under the provisions of this agreement.
No policy of insurance shall be cancelled or amended with respect to the City without
thirty (30) days written notice by registered or certified mail to City by the insurance
company.
Until otherwise directed in writing by the City Manager, Lessee shall provide
certificates of insurance within thirty (30) days of the date hereof as follows'
ComPrehensive General Liability
Combined Single Limit (Bodily
Injury and Property Damage)'
$500,000
Workmen's Compensation
Statutory Limits
Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required
insurance or if said policy or policies are terminated, altered, or changed in any manner not
acceptable to the City, then and in that event this lease may be cancelled and terminated,
ALASKA CHALLENGER CENTER LEASE
Page 3 of 12
City:
Lessee:
Cary R. Graves
City Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai. Alaska 99611.7794
(907) 283-3441
FAX (907) 283-3014
without penalty, on five (5) days written prior notice to Lessee.
12. EASEMENT GRANTS RESERVED: City reserves the right to grant and
Control easements in, or above the land leased. No such grant or easement will be made that
will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access
and use of any and all parking and loading fights, fights of ingress and egress now or hereafter
appertaining to the leased premises.
13. LEASE SUBORDINATE TO FINANCING REQUIREMENTS. Lessee
agrees that City may modify this Lease to meet revised requirements for Federal or State
grants, or to conform to the requirements of any revenue bond covenant. However, the
modification shall not act to reduce the fights or privileges granted the Lessee by this Lease,
nor act to cause the Lessee financial loss.
14. . 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 good 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 building equipmep:
shall automatically vest in City without requirement of any deed, conveyance, or bill of sa
thereon. However, if City should require any such document in confirmation hereof, Lessee
shall execute, acknowledge, and deliver the same and shall pay any c i-arge, tax, and fee
asserted or imposed by any and all governmental units in connection herewith.
15 RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION' City
hereby agrees and covenants that the Lessee, upon paying rent and performing other
covenants, terms, and conditions of this Lease, shall have the fight 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 leasehold premises shall not be construed as a denial
of the right of quiet or peaceable possession.
16. 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 fight
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.
17. SPECIAL SERVICES: Lessee agrees to pay the City a reasonable charge for
any special services or facilities required by Lessee in writing, which services or facilities are
not provided for herein.
ALASKA CHALLENGER CENTER LEASE
Page 4 of 12
City.:
Lessee:
,)~ R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611.7794
(907) 283-3441
FAX (907) 283-3014
18. 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 expressly understood and
agreed that the relationship between the parties hereto is, and shall at all times remain
landlord and tenant.
19. DEFAULT BAN~UPTCY, 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.
20. 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 agree as a covenant running with the land, that:
(a) No person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities;
(b) the construction of any improvements on, over or under such land and
the fumishing of services thereon, no person on the grounds of race, color, or national
·
origin shall be excluded from participation, denied the benefits of, or otherwise be
subjected to discrimination;
21. 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.
22. MQDIFICATIONS: No lease may be modified orally or in any manner other
than by an agreement in writing, signed by all parties in interest or their successors in interest.
Any such modification shall require Council approval.
23. WARRANTY: The City does not warrant that the property which is the
subject of this Lease is suited for the use authorized herein, and no guarantee is given or
implied that it shall be profitable or suitable to employ the property to such use.
24. RIGHT TO ADOPT RULES' City reserves the fight to adopt, amend, and
enforce reasonable roles and regulations governing the demised premises and the public areas
and facilities used in connection therewith. Except in cases of emergency, no role or
regulation hereafter adopted or amended by the City shall become applicable unless Lessee
has been given thirty (30) days notice of adoption or amendment thereof.
ALASKA CHALLENGER CENTER LEASE
Page 5 of 12
City:
Lessee'
Cary R. Graves
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
(907) 283-344 ~
FAX (907) 283-3014
25. NON-LIABILITy: City shall not be liable to Lessee for any diminutim
deprivation of possession, or of Lessee's fight hereunder, on account of the exercise of
such fight or authority as provided in this or the preceding section, nor shall Lessee be entitled
to terminate the whole, or any portion of the leasehold estate herein created, by reason of the
exercise of such fights or authority, unless the exercise thereof shall so interfere with Lessee's
use and occupancy of the leasehold estate as to constitute a termination in whole or in part of
this lease by operation of law in accordance with the laws of the State of Alaska and of the
United States made applicable to the states.
26. FINANCING'
(a) For the purpose of interim or permanent financing or refinancing from
time to time of the improvements to be placed upon the leased premises, and for no
other purpose, Lessee, after giving written notice thereof to~ the City, may encumber
by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's
interest in the leased premises and in and to this Lease, provided such encumbrance
pertains only to such leasehold interest and does not pertain to or create any interest in
City's title to the leased premises. If such mortgage, deed of trust, or assignment shall
be held by a bank or other established lending or financial institution (which terms
shall include an established insurance company and qualified pension or profit sharing
trust) and such institution shall acquire the Lessee's interest in such Lease as a result of
a sale under said encumbrance pursuant to a foreclosure or other remedy of the
secured party, or through any transfer in lieu of foreclosure, or through settlement
or arising out of any pending or contemplated foreclosure action, such lendin~
institution shall have the privilege of transferring its interest in such Lease to a
nominee or a wholly owned subsidiary corporation with the prior consent of the City,
provided, however, such transferee shall assume all of the covenants and conditions
required to be performed by the Lessee, whereupon such lending institution shall be
relieved of any further liability under such Lessee from any default after such transfer.
Such lending institution or the nominee or wholly owned subsidiary corporation to
which it may have transferred such Lease, or any other lending institution which may
at any time acquire such lease shall be relieved of any further liability under such lease
from and after a transfer of such lease.
(b) A leasehold mortgagee, beneficiary of a deed of trust or security
assignee, shall have and be subrogated to any and all fights of the Lessee with respect
to the curing of any default hereunder by Lessee.
(c) If the holder of any such mortgage, or the beneficiary of any such deed
of trust, or the security assignee shall give the City before any default shall have
occurred in the Lease, a written notice containing the name and post office address of
such holder, the City shall thereafter give to such holder a copy of each notice of
default by the Lessee at the same time as any notice of default shall be given by the
City to the Lessee, and the City will not thereafter accept any surrender or enter into
any modification of this Lease without the prior written consent of the holder of a~
ALASKA CHALLENGER CENTER LEASE
Page 6 of 12
City: .
Lessee:
p/R. Gravee
City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai. Alaska 99611-7794
(907) 283-3441
FAX (907) 283-3014
first mortgage, beneficial interest under a first deed of trust, or security assignee, in
this Lease.
(d) If, by reason of any default of the Lessee, either this lease or any
extension thereof shall be terminated at the election of the City prior to the stated
expiration therefor, the City will enter into a new Lease with the leasehold mortgagee
for the remainder of the term, effective as of the date of such termination, at the rent
and additional rent, and on the terms herein contained, subject to the following
conditions'
(1) Such mortgagee, beneficiary or security assignee, shall make
written request to the City for such new Lease within twenty (20) days after the
date of such termination and such written request shall be accompanied by a
payment to the City of all sums then due to the City under this Lease.
(2) Such mortgagee, beneficiary, or security assignee, shall pay to
the City, at the time of the execution and delivery of such new lease any and all
sums due thereunder in addition to thoSe which would at the time of the
execution and delivery thereof be due under this Lease but for such
termination, and in addition thereto, any reas°nable expenses, including legal
and attorneys' fees, to which the City shall have been subjected by reason of
such default.
(3) Such mortgagee, beneficiary, or security assignee shall, on or
before the execution and delivery of such new Lease, perform all the other
conditions required to be performed by the Lessee to the extent that the Lessee
shall have failed to perform such conditions.
(4) If a lending institution or its nominee or wholly owned
subsidiary corporation shall hold a mortgage, deed of trust, or similar security
interest in and to this Lease and shall thereafter acquire a leasehold estate,
derived either from such instruments or from the City, and if such institution,
nominee, or corporation shall desire to assign this Lease or any new Lease
obtained from the City (other than to a nominee or to a wholly owned
subsidiary corporation as permitted by the above provisions) to an assignee
who will undertake to perform and observe the conditions in such Lease
required to be performed by the Lessee, the City shall not unreasonably
withhold its consent to such assignment and assumption, and any such lending
institution, nominee, or subsidiary shall be relieved of any further liability
under such Lease from and after such assignment. If the proposed assignor
shall assert that the City is unreasonably withholding its consent to any such
proposed assignment, such dispute shall be resolved by arbitration.
27. AMENDMENT OF LEASE: Notwithstanding anything to the contrary, in
order to aid the Lessee in the financing of the improvements to be situated herein, City agrees
ALASKA CHALLENGER CENTER LEASE
Page 7 of 12
City:
Lessee:
Cary R. Graves
City Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
(907) 283-3441
FAX (907) 283-3014
that in the event the proposed mortgagee, beneficiary, or security assignee under any inter:
or permanent loan on the security of the leasehold interest of the Lessee and
improvements to be situated thereon so requires, the City will make a reasonable effort to
amend this Lease in order to satisfy such requirements upon the express condition and
understanding, however, that such variance in language will not materially prejudice the
City's fight hereunder nor be such as to alter in any way the rental obligations of the Lessee
hereunder nor its obligations to comply with all existing laws and regulations of the City, and
to all applicable Federal statutes, roles and regulations, and all covenants and conditions of
the deed by which the City holds title to the land.
28. COMPLIANCE WITH I~AWS' Lessee shall comply with all applicable
laws, ordinances, and regulations of public authorities now or hereafter in any manner
affecting 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 governmental body enacting the same. Lessee agrees 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, roles and regulations.
29. CARE OF PREMISES: Lessee, at its own cost and expense, shall keep the
leased premises, all improvements which at any time during the term of this Lease may be
situated thereon, and any and all appurtenances thereunto belonging, in good condition and
repair during the entire term of this Lease.
30. SANITATION: The Lessee shall comply with all regulations or ordinances of
the City, which are promulgated for the promotion of sanitation. The premises of the lease
shall be kept in neat, clean, and sanitary condition, and every effort shall be made to prevent
the pollution of water.
31. PARKING LOT AND GROUNDS. The City shall maintain the parking lot
and grounds of leased premises.
32. LESSEE'S OBLIGATION TO REMOVE I~IENS' Lessee will not permit
any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable
or available under the then existing laws, to stand against the leased premises or
improvements for any labor or material furnished to Lessee or claimed to have been fumish¢
ALASKA CHALLENGER CENTER LEASE
Page 8 of 12
City:
Lessee:
'¥ R. Graves
~,. City Attomey
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
(907) 283-344~
FAX (907) 283-3014
to Lessee or to the Lessee's agents, 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 charges 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 arising from such condemnation, there shall be such division of the
proceeds, such abatement in rent payable during the term or any extension of the term hereof,
and such other adjustments as the parties may agree upon as being just and equitable under all
the circumstances. If the City and Lessee are unable to agree 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. 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.
35. GOVERNING LAW: This indenture of Lease shall be governed in all
respects by the laws of the State of Alaska.
36. NOTICES:
(a) Any notices required by this Lease shall be 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.
(b) Any such addresses may be changed by an appropriate notice in writing
to all other parties affected provided such change of address is given to the
other parties by the means outlined in paragraph (a) above at least fifteen (15)
days prior to the giving of the particular notice in issue.
ALASKA CHALLENGER CENTER LEASE
Page 9 of 12
City:
Lessee:
Cary R. Graves
Cily Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai. AJaska 99611-7794
(9O7) 2~-344~
FAX (907) 283-3014
37. RIGHTS OF MQRTGAGEE OR LIENHOLDER: In the event of
cancellation or forfeiture of a lease for cause, the holder of a property recorded mortgag
deed of trust, conditional assignment or collateral assi~munent will have the option to acquire
the Lease for the unexpired term thereof, subject to the terms and conditions as in the original
lease.
38. 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 during said term, the
Lessor or its agents, 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 at
law without being liable for any damages therefor. No re-entry by the Lessor shall be deemed
an acceptance of a surrender of the Lease.
39. BUILDING AND ZONING CODES: Leased lands shall be utilized in
accordance with the building and zoning ordinances and roles and regulations of said
authority. Failure to do so shall constitute default.
40. 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 roles promulgated and enforced by the City for fire protection
within the area wherein the leased premises are located.
41. PERSONAL USE 'OF MATERIALS: All coal, oil, gas and other mineral~
and all deposits of stone or gravel valuable for extraction or utilization are excepted from the
operation of a surface Lease. Specifically, the Lessee of the surface rights shall not sell or
remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material
valuable for building or commercial purposes; provided, however, that material required for
the development of the leasehold may be used if its use is first approved by the City Manager.
42. M.I, ITUAL CANCELLATION: Leases in good standing may be cancelled in
whole or in part at any time upon mutual written agreement by Lessee and the City Council.
43.
premises to
UNLAWFUL USE PROHIBITED:
be used for an unlawful purpose.
Lessee shall not allow the leasehold
44. APPROVAL OF OTHER AUTHORITIES' The issuance by the City of
leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be
required by duly authorized Borough, State or Federal agencies.
//
//
//
//
//
ALASKA CHALLENGER CENTER LEASE
Page 10 of 12
City:
Lessee'
try R. Graves
~ City Atlomey
CITY Of KENAI
210 I=idalgo Avenue
Suite 200
Kenai, Alaska 99611-7794
(907) 283-3441
FAX (907) 283-3014
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day
and year first stated on page one of this lease agreement.
LESSOR:
CITY OF KENAI
By:
Richard A. Ross
City Manager
LESSEE.
ALASKA CHALLENGER CENTER
FOR SPACE SCIENCE
TECHNOLOGY, INC.
By:
(signature)
(Print name)
ALASKA CHALLENGER CENTER LEASE
Page 11 of 12
City:
Lessee'
Cary R. Graves
City Attorney
CITY OF KENAI
210 Fidalgo Avenue
Suite 200
Kenai. Alaska 99611-7794
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of , 1999,
[name] , [title] ,
of [company] , being personally known to me or
having produced satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing instrument on behalf
of said corporation.
Notary Public for Alaska
My Commission Expires:
STATE OF Alaska
THIRD JUDICIAL DISTRICT
THIS IS TO CERTIFY that on this day of ., 1999, RICHARD A.
ROSS, City Manager of the City of Kenai, Alaska, 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 City.
Notary Public for Alaska
My Commission Expires:
Approved as to lease form by City Attorney
Approved by Finance Director
Approved by City Manager
Lease approved by Council on
Carol Freas, City Clerk
ALASKA CHALLENGER CENTER LEASE
Page 12 of 12
City:
Lessee'
TO'
FROM:
DATE:
RE:
CITY OF KENAI
"oa 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
MEMORANDUM
Mayor and Council Members
Carol L. Freas, City Clerk
City of Kenai ~
//
May 18, 1999//
APPEAL OF PLANNING & ZONING COMMISSION ACTION
Denial of Conditional Use Permit, 1801 Cone Avenue
(Approximately) - Beaverloop l~artnership, Warren H. Po lsky,
Partnership Manager~ Appellant
The attached letter of appeal of the Planning & Zoning Commission's actions on their
Resolution No. PZ99-6 is attached. The letter was received on May 18, 1999.
KMC 14.20.290(b)(1), "Appeals- Board of.Adjustment" provides,
(1) The Board of Adjustment shall set a date for and hold a hearing on all
appeals within thirty (30) days of the filing of the appeal. However,
should the thirtieth day fall on a weekend or a municipal holiday, the
hearing may be scheduled for the next following weekday which is not a
municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). Notice of the
time and place of such hearing shall be mailed to all parties interested
and to all property owners within 300 feet of the property involved at least
ten (10) days prior to the hearing.
Please set a Board of Adjustment hearing for the above-referenced matter. The hearing
30-day limit falls on Saturday, June 19, 1999. According to KMC 14.20.290(b){1), the
hearing could then be held no later than Monday, June 21, 1999. The regular council
meetings in June falling within the 30-day period are June 2 and 16. Certified notices
must go to property owners within 300 feet "at least ten (10) days prior to the hearing."
ON WHAT DAY DOES COUNCIL WANT TO SET A BOARD OF ADJUSTMENT
HEARING ON THE ABOVE-REFERENCED MATTER?
c~
Sunday, May 16, 1999
CITY OF KENAI
210 FIDALGO AVE.,SUITE 200
KENAI,ALASKA 99611
ATTN. CAROL L.FREAS, CITY CLERK
RE: PZ99-6~Conditional Use Permit 1801 Cone Avenue (Approximately)
Dear Ms. Freas
I am requesting an appeal to the City Council of Kenai on the decision of the Planning &
Zoning Commission meeting of April 28, 1999. At which time the Planning & Zoning
Commission denied our request for a Conditional Use Permit.
Sincerely
BLP 1NC.
Beaverloop Partnership
Warren H. Polsky, Partnership Manager
4150 Vista Court
Anchorage, AK 99508
May 19, 1999
CITY ,, C OU, NC I L,, M,, ,EET! N G
PUB ,L, IC"¥iI~R'KS .M~NAGER ,,,S REPORT
KORNEL! ,s
Project Bid Dates-
1. Crow Court
Property Owners Plan Review was held on May 13
-Pre-Bid May 26 @ 10 AM
Bid Opening June 9 @ 10 AM
2. Well House and PumPhouse Modification and SCADA
Pm-Bid May 26 (~ 2 PM
Bid Opening June 9 @ 2 PM
STP Expansion & S. Spruce Parking 75 % Complete
All filter fabric is down and the area is covered with gravel.
Well House 3 It was put back on line today. The rehabilitation was successful.
The welt is back up to-900 gpm with 'only t-83' draw down.
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
May 19, 1999
le
e
o
e
e
,
Thank-you note from Rhonda Baisden regarding the city's involvement and
participation in the American Cancer Society's Rela~ for Life.
4/99 Kenai Fire Department Consolidated Monthly Report.
5 / 12 / 99 Public Works Department, Project Status Report.
5 / 10/99 Department of Labor letter regarding Safety & Health Achievement
Recognition Program of the City of Kenai, Wastewater Treatment Program.
5 / 6 / 99 M. Navarre letter to Governor Knowles regarding Alaska Railroad
Corporation's proposal for construction of three rail barges.
5/99 Soldoma Chamber of Commerce, Your Chamber Today.
//
A TEA/VI EVENT TO *
FIGHT CANCER ~' 8-500M-NO.7522.49 ~
KENAI FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
CLASSIFICATION OF ALARMS
Month' April 1999
FIRES
port
Structural
Out Buildi ~s
Brush or Grass
Forest
Vehicles
Hazardous Materials
Alarm Malfunction
Good Intent
Rescue Asst.
Mutual/Auto Aid
Miscellaneous
I'
I HIS LAS i
MONTH MONTH
0
2
1
3
0
0
1
3
0
0
1
2
0
JTHIS MON. ~I..,~,ST'. Y. EAE~JlT. i:-ij..~ Y. F__,~E~J~
LAST YEAF~'! 7'0 ~,~%~ / TO ~ATE ~1
0
0
1
0
0
0
0
3
2
2
3
2
0
0
1
0
0
0
0
3
0
0
1
3
1
--,.,.-....-_ 0 ..._
7
0
7
2
3
0
0
5
21
11
7
23
14
2
EMERGENCY MEDICAL
Rescue
Routine Transport
Good Intent
0
42 46 175 175
KENAI FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
CAUSES OF FIRES
Month: April 1999
IMONTH TO DATE TO DATE
.~.. I EST. LOSS NUM. I EST. LOSS
, ,
lin Buildings & Mobile Homes ,, , I
Chimneys, Soot, Flues 1 1 $20,000.00 2 $5,100.00
, ,,
Sparks 0 0 $0.00 0 $0.00
Defective Heaters 0 0 $0.00 0 $0.00
,
Combustibles Near Heaters 0 0 $0.00 1 $100.00
,
Open Lights, Flames 0 0 $0.00 0 $0.00
,
Hot Ashes 0 0 $0.00 1 $500.00
,
Oil burners/Furnaces .. 1 0 $0.00 1 $95,000.00
Careless Smoking 0 0 $0.00 0 $0.00
Children With Matches 0 1 $0.00 0 $0.00
Careless Use Of Matches 0 0 $0.00 0 $0.00
,
Defective Electrical Wiring 0 0 $0.00 0 $0.00
, , , ,,
Appliances & .Motors/Elec. 0 0 $0.00 0 $0.00
,
_
Flammable liquids 0 0 $0.00 0 $0.00
Cooking Appliances 0 1 $25.00 2 $150.00
,
Rekindle 0 0 $0.00 0 $0.00
,
Spontaneous Ignition 0 0 $0.00 0 $0.00
Fireworks 0 0 $0.00 0 $0.00
, ,
, ,
Tools (Cutting, Welding) 0 0 $0.00 0 $0.00
, ,
Incendiary 0 0 $0.00 0 $0.00
Misc. Known Causes 0 0 $0.00 0 $0.00
,
Suspicious 0 0 $0. O0 0 $0. O0
, ,
Unknown 0 0 $0.00 0 $0.00
IT°tal Building Fires, I, 2 I 3 !
-2-
KENAI
FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
CALLS BY DAY OF WEEK
Month' April 1999
SUN. MON. TUES. WED. THURS.
FRI.
SAT.
TOTAL
5 9 5 7 7 12 4 49
CALLS BY TIME OF DAY
Month: April 1999
0000 0100 0200 0300 0400 0500 0600 0700
2 1 0 0 1 2 0 2
0800 0900 1000 1100 1200 1300 1400 1500
3 2 6 4 1 1 1 3
1600 1700 1800 1900 2000 2100 2200 2300
I 1 4 3 1 4 3 3
TOTAL CALLS
49
-3-
KENAI FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
OCCUPANCY TYPE
Month: April 1999
THIS YEAR TO DATE
I ,,si $,oss
i I
LAST YEAR TO DATE
,oss
ment
State Government
Federal Government
Schools
Pre-Schools
Churchs
Lodging
Multi
0
0
0
0
0
0
0
0
0
0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
1
0
0
2
2
1
0
O,
Dwell' s
S tores/Dwel I i n g s
Four Plex's
mes
~ng
Small Retail Stores
Restaurant/Bars
le Mercantile
:e Warehouses
Malls
es
0
2O
10
5
6
2
3
0
1
0
0
0
0
0
0
$100,750.00
$0.00
$0.00
$0.00
$100.00
$0.00
$o.oo
$0.00
$0.00
$0.00
$0.00
0
0
0
0
1
0
1
0
0
0
0
0
0
0
0
0
0
0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$25.00
$20,000.00
$0.00
$O.oo
$o. oo
$0.00
$0.00
$0.00
$o.oo
$o.oo
$o.oo
$0.00
$0.00
Metal Fabrication
Misc. Manufacture
Lumber Yards
Stations
r Gara, es
a ~ers
0
0
0
0
0
$0.00
$0.00
$0.00
0
0
0
0
0
$0.00
$0.00
$0.00
$0.00
Chemical Works
Petroleium Plants
Wharf Pr,.,o,pe.,rt!es
Fish Processing
Refineries
Misc. Structures
IrUTAL$
0
1
0
0
0
1
721
0
0
0
0
0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
! $ oo, o.oo I
0
0
0
'0
0
0
91
0
0
0
0
0
0
31
$0.00
$0.00
$0.00
$0.00
$o.oo
$0.00
$2o,o2s.ooI
KENAI FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
BUREAU OF FIRE PREVENTION
Month' April 1999
THIS I LAST ~I-HISMONTI~LASTYEARITHISYEAR
MONTH MONTH ILAST yEAR! TO DATE TO DATE
,InsPection Letters 30 4 6 8 59
,
Inspections 22 14 3 9 72
Re-Inspections 4 1 2 8 9
,
Violations Noted 11 5 0 8 43
, ,
Notice of Violations Issued 4 2 0 2 19
,
Violations Corrected 8 7 5 19 48
Extensions Granted 0 0 0 0 2
Extensions Denied 0 0 0 0 0
Plan ~eviews 0 0 0 2
,,
Fire Drills Supervised 0 0 0 1 0
Fire Prevention Classes 1 2 4 24 6
l oral Class Audience 2 38 0 210 92
Station ! ours 2 1 0 10 7
,
I otal I our Audience 40 4 0 98" 44
Burning Permits Issued 32 4 30 58 39
Land Clearing Permits 0 0 0 0 0
,
Court Actions Instituted 0 0 0 0 0
,
Arrest {Resulted From) 0 0 0 0 0
C,onvictions 0 0 0 0 0
Complaints Recieved 3 0 1 4 6
Complaints Acted On 3 0 1 4 6
Fire Watches Ordered 0 0 '0 0 4
Accidental Fires 1 0 1 6 2
Natural Fires 0 0 0 0 0
Incendia~ Fires 0 0 0 2 0
Undetermined Fires 0 0 0 0 0
Total Man Hrs. Inspections 25 18 8 22 104
lotal Man Hrs. Public Ed. 16 36 26 130 100
l,otal Man Hrs. Investigation 18 0 2 17 22 '
I oral Man Hrs. Plan Review 0 0 0 3 5
,
KENAI FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
DIVISION OF TRAINING
MONTH' April 1999
MONTH MONTH, ILASTYEAR! TO,DATE TO DATE
I ~[i-(b,. ~UI::Ij~.-L; I ,.'.'5 ' '
I
Physical Fitness 31 21 74 362 151.5
Area Familiarization 10 0 10 77.5 62
Fire Fighter Safety 6.5 " ' 2 1.5 30 13.5
offi'cer Training 9 12 95 210 49
,
Apparatus 111 86 100.5 423 ' 416
Operating Apparatus 86 74.5 66.5 240 302.5
,
Portable Fire Extinguishers 0 0.5 2 4 10
FOrcible Entry. 1 5 4 25 '16
RoPes & Knots 8 0 6.5 ' 21.5 " 8
Ladders 0.5 2 6.5 26 5.5
Hose MaintenanCe 25.5 3 62.5 116 51'
Hose Lays 5.5 8 26 67 56
,
Salvage & Overhaul 8 5 5 45 39
, ,
Firestream s 9 2.5 17 44.5 41.5
Hydraulics ' 2 3.5 7.5 26.5 27.5
Water Suppl¥',~ 10 1.5 10.5 55.5 72.5
Ventilation 0 0 0 36 1.5
Breathin~ Apparatus 2 1 '11 32 18.5
,
Rescue Operations 7 3 2 35.5 31
Fire Prevention/Arson 1 ;I 12.5 5.5 80.5 54.5
,
Pre - Fire Planning 16 0 14' '41 35.5
Sprinkler Systems~ , 16 0 0 8 18
Fire -factics & Strategy 9.5 2 16 66 '21.5
Hazardous Materials 2'.5 ,, 2 10 30 24
(~onfined Space Entry 0 0 0 11 0
Multi- Company Drills 0 0 0 21 14
,I/°rmal Schools ' 0 0 ' 30 73 ' 0
Live Fire Operations 14 1.5 9.5 58.5 33
fetal Class Hours 32 5 137.5' 363 77-
,
l-otal Field Hours 369 243.5 455 1902.5 ' 1496
,
i -U AL CLA$,51FIP_.LU I 40' I z48.$! 892.5! 2265.5J 18731
-6-
KENAI FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
DIVISION OF TRAINING
MONTH' April 1999
THIS
MONTH
LAST ~I-HIS MONTI-~LAST YEAR, THIS YEAR
MONTH FAST YEARI TO DATEI TO DATE
"Anatomy & Patient Assesment 20.5 4,~.5 ' .24.5 178.5 ' 132
! riage 0 0.5 0.5 1 ' 3
·
Chest Injuries 0 1 0 0 2.5
Shock & I.V. lherapy 5 36 10 119.5 73.5
Hemorrhage Control 3 3 4.5 12.5 10.5
~asic Life Support 7 23 5 43 59.5
Fractures & Dislocations 2 7 1.5 23 9
Head & Neck Injuries 0.5 7 3.5 22.5 '18.5
Abdominal & Genital Systems 0 3.5 1 6 6.5
Card iac/^rrhy/Strokes 7.5 56 4.5 61 71
Respiratory Systems 8.5 14.5 5 34.5 ' 37
,Airway Management 9 41 10.5 95 92
Childbirth 0 1.5 1.5 10.5 3
Patient Handling 13.5 27.5 24.5 125 ' ' 106
Heat & Cold Injuries 2 2.5 '1.5 ' 6 6.5
~adiation & Electrical Injuries 0 1 0 0 '1
Poison & Allergies 1 2.5 3.5 13.5 8.5
Pediatrics 0 4 2 11.5 5
Pharmocology 5 44 7 36 55
Advanced Life SupPort 10 162.5 '0 6 172.5
Diabetes 2 1.5 5.5 11.5
Quality Assurance 0 0 16.5 55 17
Driving 5.5 12 10 53.5 49.5
Medical/Legal ~ erminoligy 0 6 12.5 36.5 14
Rules & Responsibilities 0 2 2 13 '4
EMS System & Communications 0 4 2.5 23.5 4
Mast Pants 0 1 0.5 0.5 1
Alcohol & Drug Abuse 4 2 1 7 12
Behavioral Emergencies 0 1.5 6.5 18.5 11
Infectous Disease Control 8 5.5 10 60 39.5
l otal Class Hours 24.5 280 23 251 340
~ otal Field Hou~:s 89.5 239 154.5 ' 833 693.5
IlO I AL CLASS/I-Il-Lb i 1141 5191 1'77. S I , 1084J 1033.5I
KENAI FIRE DEPARTMENT
CONSOLIDATED MONTHLY REPORT
DIVISION OF TRAINING
MONTH' April 1999
THIS
I LAST ~I'HIS MONT~ LAST YEAR
MONTHIMONTH~ LAST YEAR[ ,,TO DATE
THIS YEAR
TO DATE
Airport Familiarization ' 44 19 11.5 21 " 80.5
Aircraft Familiarization 44 ~ 0.5 0 ~ 54.5
Fire Fighter Safety 3 1 1 7 8
Emergency Communications 16 2 8.5 10.5 21
Hose, Nozzle, Turret Operation., 24.5 2 11.5 31.5 44.5
,, ,,
Agent Applications 6.5 2 11.5 25.5 21.5
Aircraft Evacuation 5.5 0 0 0 5.5
, ,
Fire Fighting Operations 2 0 6 16 16
structural Adaptation 1 0 0.5 0.5 3
,
Cargo Hazards 0 0 0 0 0
,
Airport Emergency Plan , 4 0 ,2.5 2.5 4
Hazardous Materials 0 0 0 0 0
Alerts I, II, III '3.5 0 8 10 5.5
~ulti - COmpany Drills 14" 0 ' 0 16 :~5
,
Formal Schools 0 0 0 0 0
,
Total Class Hours 25.5 1 0 0 26.5
Total Field Hours 1~i2.5 35.5 61 141.5 272.5
, , ,
I~otal class/Field
Project status Report
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
A/NC / CltyContact Prejeet Name
sm)
Status
a KK
1999 Water System
Improvements (WH I & 2 & PH)
Bid opening 6/9/99.
A JL
Alaska Regional Fire Training
Facility, ARFF
Building occupied... Training sessions taking
place... Props completed... Remaining site work
items to be completed in the Spring... Contract
amendment to M-M and change order forthcoming.
A JL/RS
Challenger Learning Center
Addendum No. 4, 5/14/99 ..... Rebid scope
changes, 6/2/99.
A MK Comprehensive Plan
$60,000 appropriated in Capital Project Fund.
A JL
Contaminated Soils- Shop
A KK Crow Court
Kent & Sullivan preparing reports.
Public plan review 6 p.m., 5/13/99 .... Bid opening
6/9/99.
A KK Cunningham Park
Project started. July 1, 1999 completion date.
A JL K.M.A. Taxiway "C" Extension
North
Project complete...Close out Change Order
$15,305.05 credit. ALP work in progress.
A KK ' Kenai Coastal Trail
Received Phase II schematic design and cost
estimate from P/N.
a KK
Mission Bluff W & S Relocation
Locating manhole elevations.
A JL
Multi-Purpose Facility
Land has been transferred to City
ownership .... Bids received over budget .... Project
on hold.
A JL Multi-Purpose/Challenger Site
Work
A KK
S. Spruce Beach Parking
Project should begin soon.
Project started 5/10/99.
Wednesday, May 12, 1999 Page 1 of 2
A/NC/F/' City Contact
A KK
Project Name
STP Expansion/Planning
Status
Have received DEC Grant... Start late this summer.
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...They are requiring
additional work...Pete Campbell will estimate cost
for additional work.
A KK
WH 4
Negotiating with Borough on land ownership,
Swires & Lawton.
F JL
City Maintenance Facility
Schematic design complete...awaiting funding.
F JL
F JL
Kenai Airport Fire Station &
Maintenance Building
New Kenai Health Center
Preparing estimate.
Waiting for Borough and State to'reach
memorandum of agreement... Design RFP's are
ready...General Fund purchased property.
F MK
Title 14 Review
Revisions pending funding.
F KK
Water Quality/Quantity
Development Program
May use funds for 1999 Water System
Improvements (WH I & 2 and PH Modifications)
NC
JL/RS
ADA City Building Study
Several items underway...Hardware & doors at
Rec Center and Sr. Center...Completed modifying
one bathroom at the Library.
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 ongoing.
Construction maybe FFY 99...Completed the first
plans-in-hand review. Public Workshop 4/15/99 3
p.m. to 7 p.m. in Council Chambers.
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, May 12, 1999
Page 2 of 2
DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY &
LABOR STANDARDS & SAFETY DMSION
May 10, 1999
John Williams
Mayor
City of Kenai
210 Fidalgo Ave., Suite 200
Kensi, Alaska 99611-7794
TONY KNOWLES, G,
Re' Safety & Health Achievement Recognition Program
City of Kenai, Wastewater Treatment Program.
3301 Eagle Street, Suite 305
P.O. Box 107022
;uachorage, A/~ 99510-7022
PHONE: (907) 269-4,940
FAX: (907) 269-4,950
Dear Mr. Williams,
I apologize for not contacting you before today. The State
of Alaska, Department of Labor wishes to congratulate the
City of Kenai's Wastewater Treatment Plant as the first
public sector recipient to be recommended for entry into
the Alaska Safety & Health Achievement Recognition Program
(SHARP). The Department is in the progress of deciding who
will be available to perform the presentation at a ceremony
to be held in Kenai, Alaska.
As you may imagine, we do not have anyone available until
the budget session in Juneau is ended. The S HA/{P
recommendation is on the Commissioner's desk for review. We
need to get with you or your designee to schedule dates for
the ceremony, preferable in June. We are in the process of
obtaining a SHARP award. We hope to get some media
attention for the ceremony to help promote the SHARP
program.
If you have any questions, please feel free to contact Tim.
Bundy, Assistant Chief of Consultation and Training, or me
at (907) 269-4940.
Sincerely,
Thomas E. Stuart
Chief AKOSH
cc' Keith Kornelis, Public Works Manager
File
Alaska Department of Labor
Occupational Safety and Health
Consultation and Training
SHARP
(Safety and Health Achievement Recognition Program)
Program Overview
SHARP is a recognition program that provides incentives for Alaskan employers to work with their
employees to develop and implement effective Safety and Health programs. SHARP is a program of Alaska
Occupational Safety and Health (AKOSH), Consultation Program. This document provides guidance for
employers who are interested in becbming a SHARP candidate.
Recognition
To encourage effective safety and health management, and to provide models for others to follow, SHARP
recognizes employers who implement effective accident prevention plans. Recognition is achieved by:
1. Providing for public recognition of employers and employees who have worked together to
establish and maintain effective Safety and Health programs. This includes awarding the
employer a SHARP certificate of achievement signed by the Chief of AKOSH.
2. Using these employers as role models to encourage other employers to improve their safety
and health programs.
3. Exempting employers that have been awarded SHARP certificates fi'om routine enforcement
inspections. (Complaints, fatalities, and major incidents would still be inspected).
Program Availability
The SHARP program is available to employers with fewer than 250 employers at the site. Preference is
given to employers engaged in more hazardous work.
Program Requirements
Employers requesting initial pursuit of SHARP must agree to:
A full service, comprehensive consultation, including a complete review of the any existing
Safety and Health program and rating of the programs effectiveness. The consultation must
include all conditions and operations at the establishment.
NOTE: A full servic, e, comprehensive consultation is one that addresses all safety and health hazards,
including potential hazards. It covers administrative matters, programs, and includes a review of the safety
and health program in place, if there is one. To accomplish this, AKOSH may need to assign more than one
consultant to perform the initial survey. The consultants will then work with the employer to assure
correction of all hazards identified, and address their continued control through implementing all the
elements of an effective Safety and Health program.
2. Involve employees in the development, operation, and improvement of all elements of the
workplace safety and health plan and in the decisions that affect their safety and health. This is
commonly accomplished through the safety committee process.
3. Work with the Consultation Program for a necessary time period at~er the initial visit, during
which time the employer will commit resources to:
Correct all identified safety and health hazards and provide confirmation that the
hazards have been corrected.
· Implement all elements of an effective Safety and Health program.
.
The Consultation Office will verify that all of the requirements for SHARP recognition have
been met (all hazards corrected, all safety and health program elements in place and operating
effectively). At this point, the Consultation Office will recommend the employer receive the
SHARP certificate of achievement.
Conduct of a Visit
In the opening meeting, the consultant will review the employer's request for consultation assistance. The
consultant will review the program requirements for SHARP with the emploYer to ensure that the employer
understands the commitment necessary to pursue SHARP. '
Employee Participation '
Employers electing to pursue SHARP must be committed to working toward the development of a
comprehensive and operational Safety and .Health program that involves workers in significant ways that
affect their safety and health. Some, but not all, of the ways this can be accomplished are:
1. Safety committees
2. Teams that conduct self-inspections
3. Accident investigation teams
4. Safety suggestion boxes
5. Hazard reporting methods
Full Service Consultation
A full service consultation of the employer's establishment must be conducted covering all operations,
including complete Safety and Health Program review. All hazards identified will be discussed in light of
how the elements of an effective Safety and Health Program would address their continued correction and
control. Using a Safety and Health Program assessment guide, the consultant will discuss with the employer
the elements of an effective program.
o
The employer will be informed that the consultant will remain available to work with the
employer and employees to develop or improve any existing plan, and that AKOSH training
resources are available to assist with skill development.
SHARP candidates must receive an effectiveness rating of 75 or better out of a possible I00
following the assessment of their plan. If a rating for one indicator falls below 3, the employer
miiy still be recognized as a SHARP employer if the overall rating is 75 or better and the
indicator with a low rating is part of an action plan for improvement. In addition, for each
indicator, documentation providing information on the evidence which helped the consultant
identify or verify plan adequacy must be noted in the space provided on the assessment form
or elsewhere in the consultation field notes. This documentation is necessary because
employers receiving SHARP recognition are expected to be models for others to follow.
Where an indicator does not or cannot apply to a particular situation for an employer, the
circumstances for this event should be documented on the form describing why the indicator
does not or cannot apply to the work site.
Written Report
..ARer the consultant conducts the comprehensive consultation, the employer will be advised that a written
report explaining the findings of the visit and conilrming any correction periods will be provided at a later
date. The written report will reflect the consultant's findings and recommendations for hazard correction,
Safety and Health program improvements, and the action plan which the employer proposes to use to meet
SHARP requirements.
Closing Conference
In the closing meeting, the consultant will:
1. Describe the hazards identified during the consultation and which safety and health program
elements would have prevented the hazard.
2.Discuss suggested methods of correction.
3.Describe the strong points and weak points of the employers Safety and Health Program.
4. Decide with the employer the extent to which additional onsite visits may be needed during
the interim one year (or longer) period to facilitate and coach the safety and health program
improvement process.
5.Develop a schedule for one or more such visits, if possible.
6. Leave at least one copy of the completed Safety and Health Program assessment tool with the
employer so that the employ6r can use it as a tool to work toward full Program
implementation. The employer will also be reminded that, at the end of the implementation
period, the employer is responsible for requesting a consultation for final, onsite evaluation of
SHARP approval.
Action Plan
The consultant should coach the employer to develop an action plan that maps out the employer's progress
in implementing an effective safety and health program.
1. The action plan(s) are developed by the employer following the initial comprehensive
consultation. The consultant and employer together will discuss the elements of the action
plans and the time frame for achieving specific items.
2. An action plan outlines the specific steps that must be accomplished by the employer to earn
SHARP approval. The action plan must address where applicable:
The employer's correction of all identified safety and health hazards, with time frames.
The steps necessary for the employer to implement parts of an effective safety and health
program with time frames.
A statement of the employers commitment to work with AKOSH Consultation to achieve
SHARP approval. This includes a commitment to consult with AKOSH should new
processes be planned which might introduce new hazards into the workplace.
SHARP Approval and Certificate Issuance
I. After ensuring that the employer has met all the requirements for final approval, AKOSH will
obtain from the employer a signed letter requesting SHARP approval.
2. On receipt of written verification that the employer has met all of the requirements for SHARP
· approval, the Chief of AKOSH will award a SHARP certificate to the employer.
Renewing SHARP
Employers granted initial SHARP approval are encouraged to apply for renewal during the last quarter of
the one year approval period. Upon request by the employer, the consultant will make an onsite visit to
ensure the Safety and Health Program is effectively maintained and continuously improved. Workplace
hazards must be under control and elements of the Safety and Health Program must be operating effectively.
Renewal is dependent on the consultant's assessment of continued plan improvement and effectiveness. If
all requirement s for SHARP are verified as operating effectively by the consultant and improvement has
· . been demonstrated, AKOSH will inform the employer that program renewal has been achieved.
Failure to Meet or Maintain Requirements
An bmployer's SHARP approval will be terminated if the Chief of AKOSH determines that the employers
continued failure to meet or maintain SHARP requirements represents a lack of good faith in relation to
those requirements, and/or there is a significant reduction in worker protection. Except in egregious cases,
the employer will be given the opportunity to withdraw from the program, rather than be terminated.
For More Information ~~~,%c~ ~ ~.c~
To learn more about SHARP, contact Jeff C,,ww-,~r, VPP / SHARP Coordinator, at (907)269-4954.
KENA! I~~NINSULA BOI~OU~I--i
~ .~,,~,....~,.~ 144 N. BINKLEY ' SOLDOTNA, ALASKA ' 99669-7599
).. .~~~ '"" -'~~ BUSINESS (907) 262-4441 FAX (907)262-1892
May 6, 1999
The Honorable Tony Knowles
Governor State of Alaska
P.O. Box 110001
Juneau, Alaska 99811-0001
,
MIKE NAVARRE
MAYOR
Dear Governor Knowles:
The Alaska Railroad Corporation seeks proposals for construction of three rail barges
(Request for Proposals 99-13-18685). The State of Alaska demonstrated its confidence
that the Alaska Railroad Corporation would select Alaska bidders whenever possible by
exempting the Alaska Railroad Corporation from most requirements of the
Administrative Procedure Act and the State Procurement code. Since the Alaska Railroad
Corporation is a public corporation, owned by the State of Alaska, the people and
contractors in the state should be given preferential bidding treatment.
The central Kenai Peninsula has been host to production of modular units slated for
Alaska's Alpine Project. Alaska Petroleum Contractors has hired local workers and
developed a cadre of experienced structural welders, pipe fitters and electrical crews to
competently and competitively produce large format components in the State of Alaska.
We believe this project emulates the ability of Alaska's companies to meet the
requirements proposed by the Alaska Railroad.
We, the Mayors of the City of Kenai, City of Soldotna and the Kenai Peninsula Borough
support a preferential bidding policy by the Alaska Railroad Corporation for the
production of rail barges by an Alaskan company. We ask your assistance La-assuring
Alaskans these jobs and continued support of Alaska's corporations.
Sincerely,
Mike Navarre
Borough Mayor
KFS
Ken Lancaster John J. Williams ,,,
Soldotn~Mayor Kenai Mayor
We keep you informed
Business News
Political Events
Community Issues
Volume 12 ............. Issue 5
TOD
A monthly publication
produced by the
Greater Soldotna
of Commerce
, May 1999
TIME TO CLEAN-UP
The Kenai & Soldotna Chambers of Commerce, the Kenai
Peninsula Borough, and Peninsula Sanitation are teaming up to
sponsor another Annual Community Spring Clean-up, May 3rd
through May 8th.
Both chambers will have bags available during this time and the
Soldotna Senior Citizens will also be handing them out at the
Peninsula Center Mall, beginning Monday, May 3rd, from 1 -4PM.
Bags will also be available at M .m & Dad's Grocery in Sterling.
Peninsula Sanitation will pick up bags placed along main roadways
Monday, May 3rd through Saturday, May 8th using the following
schedule.
Monday, May 3rd - K-Beach & Kasilof
Tuesday, May 4th - Greater Soldotna area
(Kenai Spur to Strawberry Road).
Wednesday, May 5th -North Road to Neighbors Drive &
Beaver Loop to Strawberry Road
& K-Beach - Cannery Road to Gaswell & Bridge Access
Thursday, May 6th - Greater Kenai area
(Swires Road to Lilac Drive)
Saturday, May 8th - Sterling Hwy. (Sterling to Kasilof)
After the roads are taken care of, the river and stream banks will
need attending too. Alaska State Parks and the Kenai National
Wildlife Refuge are organizing a public lands clean-up day on May
15th. If you would like to help, all you need is warm
clothes, boots and a desire to enjoy a trash-free
environment. To find out what areas need your help
and where to meet, you can call Bill Berkhahn at
262-5581.
SUMMER HOUR,.q.
Summer staff have been hired, flowers
have been ordered, and we've even seen a
hearty visitors.
Beginning May i st, the Soldotna Visitor Information
Center will begin their extended summer hours
and will be opened 7 days a week from 9:00AM
to 7:00PM.
Please make sure that we have plenty '~'.'
of )/our brochures or business cards to
display.
:..
WE'LL MISS YOU BETTY
Betty Obendorf has announced that she is retiring
as manager of the Visitor Information Center and
we will all miss her.
Betty started managing the Center when it
opened in 1989, and has enjoyed greeting visitors,
answering their questions and sharing her genuine
love of Soldotna and the Kenai Peninsula.
Betty has turned her duties over to the very
capable hands of Kim Bumgarner who is excited
about following in her footsteps and continuing to
provide the quality of service that our members and
visitors have grown to expect. Betty joins her
husband Chuck in retirement. We hear that they
are planning on traveling and spending time with
their grandchildren.
' ~ ' ' ' "-~ -,- --- . I~' '' J-"'-
~leasejoin us ...
'W~.~T: Re tire?nent Reception
fro' Betty Obendm-f
WHEN: piday, May 5th
From 5:oo - 7:ooPM
WHERE: Soldotna Visitor Information Center
THE FOLLOWING ME~BERS
RENEWED THEI~ D,~E'iVIBERSHIP DURING THE ~'~[ODiTH OF ~PRIL
Alaska Marine Hwy.- Homer Terminal
Alaska Mountain View Cabins
Alaska's Fish & Float
Alaska's Wildlife Bed & Breakfast
Anchorage Daily News
Angler's Lodge & Fish Camp
Central Peninsula Counseling Services
Columbia Paint & Decorating
Eagle Island Lodge on the Kenai River
Fun Fishin Alaska
Gib & Hal Custom Charters
Godfather's Pizza, inc.
Goodnight Inn Lodge
Jay's Painting Company
Kasilof RV Park
Kenai Fjords Tours
Log Cabin Inn
Longmere Lake Lodge B & B
Loon Lake Resort
Mackey Lake Company
March of Dimes
Nick's Guide Service
Old Town Trophies
Orca Theater, Inc.
Pete's Fishing Guide Service
Raven Contractors
Robins Nest B & B
Sears Robuck & Company
Soldotna Church of God
Soldotna Lions Club
Tustumena Lodge
Weigner's Backcountry Guiding
THANK YOU FOR YOUR
CONTINUED SUPPORT
Af~I(~ ~.~0U~Iif y°u haven't attended
~I~ one of the recent After
Hours, Chamber
Mixers, you are missing
out. On the 20th, from
5- 7pm our hosts will be The folks at the Blue Moose
Lodge. They are located on beautiful Longmere Lake. So
mark your calendars, we'll see you there!
Upcoming Chamber Mixers:
May 20: Blue Moose Lakeside Lodge
June 17: Kachemak Heritage Land Trust
July: No After Hours
August 19: Open
September 16: ERA Aviation
October 21: Open
November 18: Open
December: No After Hours
Chamber After Hours is another opportunity for chamber
members to showcase their businesses. If you would like
information about hosting this event at your business, just
give us a call at 262-9814.
DO WE HAVE YOUR
ACCOMMODATION UPDATE?
Kim is in the process of getting the Visitor Information
Center ready for the summer visitors. This includes
making sure that all of the information in the
Accommodations Manual is current and complete. That is
why she needs you to fill out and return your update form
to the Chamber office as soon as possible. If
you did not receive an update form, please
call us and we will make sure that you get
one. You can mail your completed form
to the office at 44790 Sterling Hwy.,
Soldotna or fax it to 262-3566. if you need
additional information, call us at 262-9814.
MEMBER UPDATE
Alaska Wildland Adventures has a new web site for Kenai
River Trips at
www.alaskarivertrips.com
HALIBUT CLOSEST TO I00 LBS
WINS BIG $!
The Kenai Peninsula Tourism Marketing Council is
sponsoring a one day only, "Halibut 100" Derby on May
15th. Tickets cost $100 each and prizes will be based
ticket sales with 1st prize receiving
25%; 2nd: 12%, 3rd: 6%, 4th: 3%, and
5th: 2%. The largest halibut will
receive a consolation prize of $1,000.
Proceeds from this derby will benefit
off-season tourism marketing for the
Kenai Peninsula.
WE COULDN'T DO IT
WITHOUT YOU!
We would like to thank our volunteer helpers,
Ryan Green and September Lloyd. These
hard-working students have put in many
hours making copies: assembling visitor
information packets, and generally pitching in where ever
needed. In March we sent out 918 visitor packets which
would have been pretty tough to pull off without these
wonderful helpers.
EXCEPTIONAL EMPLOYEE HONORED
Seekins Ford recognized Sales Manager,
Wesley Drown as their Employee of the
Month. Congratulations Wesley!
DON'T FORGET!
There will be over 450 visitors here in November with the
Alaska Municipal League meeting in Soldotna November
5th through 9th. Anyone who has lodging
available and would be willing to block these
dates can contact us at the Chamber office by
June 1st and we will include you on a list that
will be made available to conference
attendees.
Cecil J. Anderson
@ River Quest RV Park
283-6707
Fishing Charter
Caribe Alaska, inc.
William D. Carter
PO Box 2487
Soldotna, AK 99669
262-2287
Health & Safety Specialist
Dave's Alaskan River
& Sea Charters
Dave Essert
PO Box 1172
Sterling, AK 99672
262-3824
Fishing Charter
Penny McClain
PO Box 702
Kasilof, AK 99610
262-6257
Alaskan Art Sales
Kenai RV Park
The Breazeales
PO Box 2027
Kenai, AK 99611
398-3382
RV Parks & Campgrounds
Mavrik Aire
Melinda Schweitzer
44611 B Sterling Hwy.
Soldotna, AK 99669
262-6790
Air Charter
Eagle's Rest RV Park
Jeff & Laura Saxe
PO Box 610
Valdez, AK 99686
835-5267
RV Parks & Campgrounds
Sun n Fun Travel
Kit Miller
49560 Charlie Brown
Soldotna, AK 99669
260-5891
Travel Agency
First Baptist Church Tsalteshi Trail Association
Jonathan Pedersen Penny McClain
PO Box 186 PO Box 4076
Soldotna, AK 99669 Soldotna, AK 99669
262-4304 262-6257
! Trail Management
! The Fish Hut
I
Jackie L. Johnson
I Angler Drive f
I Kenai,AK99611 ~//'/r
[I 283-2675 ~
,lFishing Charter w/Accommodations ·
SIGN-UP NOW FOR PENINSULA TRIATHLON
Tsalteshi Trails Assoc. is getting ready for their Annual Triathlon. The race will
be held on Memorial Day, Monday, May 31st, beginning at 9:00am. This event
has a sprint course, a long course and an extreme course and racers can enter
solo or in teams. You can save $10 by registering before May 29th and entry
fees include a T-shirt and a Bar-B-Que. For race and registration information,
you can call John or Laura Mohoricich at 262-7322. If you would like
information on volunteering, you can call Kristine Moerlein at 262-3943, or visit
their web site at kpbsd.k12.ak.us/skyxcski
RELAY FOR LIFE SET FOR MAY 7 & 8
Get a group of your friends together as a relay team and join them for
up to 24 hours of fun, excitement, and an all-around good time. They'll
have music, food, contests, awards, and prizes. Racers will meet at
Skyview High School at 6PM on May 7th. For more information, call
Kathy at 262-8114 or 283-7602.
,
STUDENTS HONORED
The April Students of the Month were
Kathryn Becker of Soldotna Middle School,
Mike Hollingsworth of Soidotna High School
and Heidi Jo Gagnon of Skyview High
School. The Soldotna Chamber feels that
these exceptional young people deserve
special recognition. On the third luncheon
of the month they are presented with a
certificate and a meal. We would like to
thank Bank of America for sponsoring the
Soldotna Chamber Student of the Month
Program'.
Would you like to help keep the
Russian & Kenai Rivers Healthy?
Join the Russian/Kenai Rivers Stream Watch
Volunteer Program. Volunteers play a key role
in protecting the habitat of world class red &
king salmon sportsfisheries and a free
campsite at Russian River or Hidden Lake
Campground will be provided for
each 8 hours of service along the /~
river. For information you can call
Karen Kromrey at 224-3374. ~
· :~!::~:::::::i~:i~i~i~i:~.;Zii:~;i:~i~::ii:i:i:i~i:.i;~:~;~i~;~i~:.i~i~i~i~i~' .... ::!;:;:!;~:;'::.:: ...... ...::;;:.:.iii' ~ii'' i.i::::i;il ii ii..i ~
The National Parks Service is hosting a
series of public meetings targeted for
commercial operators who are permitted to
conduct business in Katmai National Park
and Lake Clark National Park. The Soldotna
meeting will be held on Thursday, May 6th at
7PM at the Kenai National Wildlife Office on
Ski Hill Road. The public is welcome. For
additional information, call Becky Brock at
246-2102.
A CALL FOR NOMINATIONS
Energy Star Small Business is a free service
of the US Environmental Protection Agency
that helps small business owners cut costs
through energy efficiency and they are
seeking nominations for the Energy Star
Small Business Award. Criteria: The small
business/organization must be a facility of
100,000 sq. ft. or less and may not be in the
energy equipment industry. The nominated
business should be practicing exemplary
energy efficiency that translates into real
dollar savings. Nominees who
have shown creative and
innovative solutions are highly
encouraged to enter. To nominate
you can call 1-888-STAR YES or
fill out an application at the web
site at www.epa.gov/smallbiz.
May 4
May 11
May 18
May 25
MAY CHAMBER LUNCHEON CALENDAR
TUESDAY @ HaaN, RIVE"'e~,IDE nOUeE" ,.,
,,
David Porte, GCl
Merrill Sikorski, Caring for the Kenai Winners
Soldotna City Manager, Tom Baedeker, City Budget Report
Mayor Mike Navarre, Borough Budget Report
BULK RATE
U.S. Postage
PAID
Permit No 5
Soldotna, AK 99669
City of Kenai
Mayor John Williams
210 Fidalgo Ave.
Kenai, AK 99611
Printed courtesy of The ¢opyworks, 405 Overland Street, Suite #102, Kenoi Alaska 99669, 283-6503
t999 BOARD OF DIRECTORS
President
Past President
President Elect
Vice President
Sec./Treas.
Norman Blakeley Alaska Trading Company 262-6100
Mike Sweeney Sweeney's Clothing 262-5916
Dan Mortenson Four D Carpet One 262-9181
Terry Covai K-WAVE/KPEN/KGTL Radio 283-7423
Richard Brown Soldotna Historical Society 262-9322
Jocelyn Coghill Peninsula Clarion 283-7551
Sammie Cole SouthCentral Title 262-4494
Mike Frost 1st National Bank of Anchorage 260-6000
Paul Gray Gray Video Publishing 262-9008
Mark Gregory KPB Small Business Development Center 283-3335
Kurt Olson Kenai Chrysler Center 283-3949
Diana Spann MACtel Cellular Systems 262-3500
Executive Director
Visitor Services
Member Services
Store Manager
Justine Polzin
Kimberley Bumgarner
Randi Smith
Rebecca Hanson
Diane Fielden
Soldotna Chamber ......................
Fax .................................. : ...........
The Rippie Chamber
262-9814
262-3566
260-6100
E-Mail: info@SoldotnaChamber, com
Web Page: www. SoldotnaChamber. com
MAKE 22 PACKETS
COUNCIL PACKET DISTRIBUTION
COUNCIL MEETING DATE:
Mayor and Council
Fire Department
Police Department
Attorney //
City Manager /
Finance
Senior Center
Public Works
Library
Parks & Rec.
Airport
Engineer
Clerk
Taylor
Springer
Clarion
AGENDA DISTRIBUTION
STP
Public Wks. Sec.
Public Wks. Shop,
Bldg. Maintenance
Bldg. Official
Streets
Dock
STP
Official Bulletin Board
..C.. 0mmissions
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 lies, HEA
KVCC
Joan McCoy, ARCO
Fax b_v regular fax machine:
KDLL, 283-6701
DELIVER
Council Packets to Police Department Dispatch desk.
The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of
the agenda published by the Clarion is fa_xed before 5:00 p.m. Home Page documents
(agenda, resolutions and ordinances for public hearing) are saved as HTML fries and
emailed and faxed to Bill Grimm on Friday afternoon. Directions are: