HomeMy WebLinkAbout1999-08-04 Council PacketKenai
City Council
Meet ing Packet
August 4, 1999
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST 4, 1
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.us
ITEM A:
,
2.
3.
4.
5.
CALL TO ORDER
Pledge of Allegiance
Roll Call
ELECTION OF VICE MAYOR
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)
Bill Popp/Julie Lipka- Alaska Challenger Learning Center of
Alaska/Gold Shovel Presentation.
ITEM C'
,
,
,
,
,
PUBLIC HEARINGS
Ordinance No. 1834-99 - Increasing Estimated Revenues and
Appropriations by $214,159 for Street Improvement Grants.
Ordinance No. 1835-99 - Increasing Estimated Revenues and
Appropriations by $7,946 in the General Fund for Library Computer
Equipment.
Ordinance No. 1837-99 - Appropriating a $1,500 Donation from the
Kenai Elks Lodge #2425 for Recreational Equipment.
Resolution No. 99-47- Supporting the Endeavors of the Cook Inlet
Regional Citizens Advisory Council {CIRCAC) to Encourage Those With
the Ultimate Authority and Responsibility to Ensure that "Prevention of
Off Spills in Cook Inlet Become One of their Highest Priorities.
Resolution No. 99-48 - Transferring $10,000 in the Airport Land
System Specie Revenue Fund for Maintenance and Repair.
-1-
ITEM D-
COMMISSION/COMMITTEE REPORTS
.
2.
3.
4.
5.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors & Convention Bureau Board
d. Alaska Municipal League Report
ITEM E:
MINUTES
,
*Regular Meeting of July 21, 1999.
ITEM F:
ITEM G:
OLD BUSINESS
ITEM H:
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
.
Purchase Orders Exceeding $2,500
,
Approval- Assignment of Shore Fishery Lease/ADL 32885, Tract 7,
Shore Fishery No. 71, T6N, R12W, S.M.- From Lucas Family
Partnership to Aurora Holdings & Investments, LLC.
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
AUGUST 4, 1999
REGULAR COUNCIL MEETING
CHANGF~ TO THE AGENDA
REOUESTED
BY:
ADD AT:
I-1, Mayor's Report- 8/1/99 Alaska Flying Network
Letter regarding personal property tax on aircraft.
MAYOR
CONSENT AGENDA
None.
MAYOR'S REPORT
~~o o
Z
0
Suggested by:
AdministratJ
City of Kenai
ORDINANCE NO. 1834-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $214,159
FOR STREET IMPROVEMENT GRANTS.
WHEREAS, the State of Alaska has offered a matching grant for street
improvements in the amount of $149,911; and
WHEREAS, the City accepted the grant with its conditions and agreed to
provide a 30% match in the amount of $64,248 from General Fund Fund
Balance; and
WHEREAS, the money will be used for future street improvement projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues'
Appropriation of Fund Balance
$ 64:248
Increase Appropriations'
Non-Departmental - Transfer to
Capital Project Fund
$ 64,248
Street Improvement Capital Proiect Fund
Increase Estimated Revenues:
Transfer from General Fund
State Grant
$ 64,248
149,911
$214,159
Increase Appropriations'
Construction
$214,159
Ordinance No. 1834-99
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4t~ day of
August, 1999.
Attest:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk'
Approved by Finance'
(7/8/99) id
Introduced:
Adopted:
Effective:
July 21, 1999
August 4, 1999
August 4, 1999
Suggested by: Administratio.
City of Kenai
ORDINANCE NO. 1835-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASIC~
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7,946 IN
THE GENERAL FUND FOR LIBRARY COMPUTER EQUIPMENT.
WHEREAS, the Library received a reimbursement of $7,946 under the
Universal Service for Schools and Libraries (E Rate); and
WHEREAS, the intent of this program is to promote use of the internet; and
WHEREAS, the Library needs additional computers and networking equipment
to facilitate intemet access.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Miscellaneous
$7,946
Increase Appropriations:
Library- Machinery & Equipment
$7,946
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of
August, 1999.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(7/14/99) kl
Introduced:
Adopted:
Effective'
July 21, 1999
August 4, 1999
August 4, 1999
Suggested by: Administratic
City of Kenai
ORDINANCE NO. 1837-99
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
APPROPRIATING A $1,500 DONATION FROM THE KENAI ELKS LODGE #2425
FOR RECREATIONAL EQUIPMENT.
WHEREAS, the Kenai Elks Lodge #2425 has generously donated $1,500 to the
City for the purchase of recreational equipment; and
WHEREAS, the City appreciates this donation and hereby appropriates the
funds to be used to purchase recreational equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Miscellaneous- Donations
$1,500
Increase Appropriations:
Recreation - Small Tools
$1,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of
August, 1999.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(7/16/99) kl
Introduced:
Adopted:
Effective:
July 21, 1999
August 4, 1999
August 4, 1999
Suggested by: Cc
CITY OF KENAI
RESOLUTION NO. 99-47
A RESOLUTION OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA, SUPPORTING
THE ENDEAVORS OF THE COOK INLET REGIONAL CITIZENS ADVISORY COUNCIL
(CIRCAC) TO ENCOURAGE THOSE WITH THE ULTIMATE AUTHORITY AND
RESPONSIBILI~ TO ENSURE THAT "PREVENTION" OF OIL SPILLS IN COOK INLET
BECOME ONE OF THEIR HIGHEST PRIOI~TIES.
WHEREAS, we encourage those with the authority and responsibility to exercise due
process expeditiously in generating, if not guaranteeing ultimate "Prevention" rules
pertaining to any kind of oil spill in Cook Inlet; and,
WHEREAS, engaging such "Prevention" rules by those with the authority and
responsibility to do so will contribute to the continue safe and timely passage of goods
and freight through the Port of Anchorage to a number of communities of Alaska and
to over sixty percent (60%) of all Alaskans' and,
WHEREAS, we suggest to those with the authority and responsibility that "Prevention"
should not be a reactionary tool but should be done through the immediate sense of
planning and employing best available technology prior to a spill occurring.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that CIRCAC may present this resolution at their Forum "Safety of Navigation
in Cook Inlet' in Homer, Alaska, September 10, 1999 and for any other purpose it may
deem appropriate.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
August, 1999.
ATTEST:
John J. Wi!l/ams, Mayor
Carol L. Freas, City Clerk
clf
RI:lAC
"The mission of the Council is to provide an opportunity for the citizens of Cook Inlet to
participate in promoting marine transportation safay and the safe operations of on-shore
and off-shore oil facilities o£ Cook Inlet."
Alaska State
Chamber of
Commerce
Alaska Native
Groups
Environmental
Groups
Recreational
Groups
Aquaculture
Associations
Fishing
Organizations
City of Kodiak
City of Seldovia
City of tfomer
Kodiak Island
Borough
Kenai Peninsula
Borough
Municipality of
Anchorage
July 6, 1999
MaYOr John J. Williams
City of Kenai
210 Fidalgo
Kenai, AK 99611
Dear Mayor Williams:
Adh,o. Counc~'CT~AC) was created by
The Cook Inlet Regional Citizens
Congressional mandate, Oil Pollution Act of 1990 (OPA 90), to have citizens oversight
of the "oil" operations in Cook Inlet. This law was enacted after the Exxon oil spill in
Prince William Sound.
As you can see from the left-hand margm of our letterhead, CIRCAC represents various
organizations from Kodiak to Anchorage and the State Chamber of Commerce.
CIRCAC will be holding a Forum "Safety of Navigation in Cook Inlet" in Homer,
September 10, 1999, that will involve mo~t of the indu~xy who sail Cook Inlet. The
purpose ofthiz "Forum" a, noted in the attached proposed program, is to generate greater
awarene~z to the "Prevention" a~ect of an oil ~pill, whether it be crude oil from a tanker
or bunker oil from a freighter or cmize ~hip or other~, az compared to most planning and
attention going to the "Re~ponze" a~pect. Through "Prevention" we have the greatest
oppommitie~ to prezerve our pris~o environment of Cook Inlet.
Also, not to be overlooked and of great importance is that many of our communities,
consisting of at least sixty percent of Alaskans, are dependent on the distribution of
freight that arrives at tho Port of Anchorage from ships sailing Cook Inlet. This further
emphasizes the need for "Prevention" to preserve our pristine environment of Cook Inlet
with the result being uninterrupted movement of ships.
We seek your support of our "Forum." To that end, we are asking various Boroughs,
Municipalities and Citiez throughout Alazka for Resolutions of Support that can be
pre~ented during the program. We have enclosed a ~ugge~ted Resolution.
Should you have any questions or other thoughts for us please call me at
1-800-652-7222 or 1-907-283-7222.
Many thanks for your support.
/E. Carter, Sr.
/
~--/Enclosure a/~
Cook Inlet Regional Citizens Advisory Council * 910 HighlandAvenue, Kenai, AK 99611-8033
Phone: (907)283-7222 * Fax (907) 283-6102
"Safety of Navigation in Cook Inlet"
9:00am
Forum Convenes- Welcome and Introductions
9:lSam
Greetings from Mayor of Homer- Jack Cushing
Greetings from President of CIRCAC - Captain Glen Glenzer
9:30am
Keynote Speaker- Congressman Don Young
9:50am
Setting the Stage for the Forum- Jim Carter
10:00am Morning Break
10:1tam Panel #1 -Spill "Prevention" is a major concern for Cook
Inlet- What are the Solutions? Moderator- Michelle Brown,
Commissioner, ADEC
"Prevention" from O11 Industry Perspective-
Senior Vice-President, Tesoro
Tim Plummer,
· "Prevention from Freight Industry Perspective - (Tote,
l$ealand, other) (not firm y~t)
· "Prevention" from a Citizens Perspective- Ken Castner
"Prevention" from Marine Pilots Perspective- Captain Mike
O'Hara, SWAPA
· "Prevention" from I~SCG Perspective- Capt. William
Hutmacher
12:00pm Questions for the Panel from Attendees
12:30pm Lunch- provided. Guest Speaker- Jean Cameron,
States/British Columbia O11 Spill Task Force
l:40pm
Panel #2 - What are the Funding Sources for Prevention-
What are the Alternatives? Moderator- Mead Treadwell
· Overview of Federal Funding Sources? - Senator Stevens or
Senator Murko~ki staff (not firm yet)
· Overview of State Funding Sources? -Senator John
Torgersen, Co-Chair, Alaska Senate Finance Committee;
Phlllll:~, cun'ent member and former Speaker of the AI~~
House of Representatives.
· Overview of Local Government Funding Sources? - Mayor
Navarre, Kenat Peninsula borough; Mayor Rick Mystrom,
Muntclp~l~ of Anchorage
3:50pm
3:45pm
4:45pm
· Overview of additional Oil Industry Funding Sources? - (?)
(not firm yet)
Are there sources of funds from the Freight or Cruiseltne
lndnstr~ -(?) (not firm y~t)
Afternoon Break
Further questions for Panel #1 from Attendees; questions
for Panel #2 from Attendees
Wrap-up- Bob Shavelson, Cook Inlet Keepers
Conclusion - Captain Glen Glenzer, USN (retired), President,
Cook Inlet RCAC
5:00pm
Adjourn
Suggested by: Administrati~__
City of Kenai
RESOLUTION NO. 99-48
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~
TRANSFERRING $10,000 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE
FUND FOR MAINTENANCE AND REPAIR.
WHEREAS, due to timing of the fiscal year end, the change order to the Flight
Service Station HVAC replacement was charged against the current year
budget; and
WHEREAS, the resulting balance in the Land Department repair and
maintenance account is insufficient for normal annual activity; and
WHEREAS, funds are available in the Land Department contingency account.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the following budget transfers be made:
Airport Land System Special Revenue Fund
From: Land- Contingency
$10,000
To' Land - Repair and Maintenance
$10,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of
August, 1999.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance' .~~
(7/29/99) kl
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
July 14, 1999- 7'00 p.m.
http://www, ci. kenai, ak. us
le
CALL TO ORDER:
a. Roll Call
b.Agenda Approval
c. Approval of Minutes- June 23, 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.
e
SCHEDULED PUBLIC COMMENT:
3~
CONSIDERATION OF PLATS:
,,
PUBLIC HEARINGS:
a. PZ99-26--Encroachment Permit - Front Yard Setbacks--For the property
described as Lot 4, Block 2, Spruce Grove Subdivision (405 Haller Street),
Kenai, Alaska. Application submitted by Donald L. McCloud, 405 Haller
Street, Kenai, Alaska.
b. PZ99-27--Conditional Use Permit- Retail/Wholesale Business (Upholstery
Shop)--For the property described as Lots 7 & 8, Block 2, Kaknu Komers
Subdivision (9199 Kenai Spur Highway), Kenai, Alaska. Application submitted
by Ginger Purcell, 2800 Beaver Loop Road//8, Kenai, Alaska.
5. NEW BUSINESS:
Ge
OLD BUSINESS:
a. MOTION FOR RECONSIDERATION-- PZ99-24--Conditional Use Permit -
Greenhouse, Gift Shop & Coffee Shop--For the property described as
Government Lot 111 (202 North Forest Drive), Kenai, Alaska. Application
submitted by Porter & Susan Jordan, 8950 Greenbelt, Anchorage, Alaska.
e
CODE ENFORCEMENT:
ge
REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED'
10. INFORMATION ITEMS'
"Zoning Bulletin"-June 10, 1999
KPB Plat Committee Action - June 28, 1999
Letter from KPB dated 6/15/99
Letter to State of Alaska, DOT, dated 6/25/99
Memo to Kenai Police Department dated 6/25/99
11. COMMISSION COMMENTS & QUESTIONS'
12. ADJOURNMENT'
Xe
e
e
CITY OF KENAI
PLANNING/h ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
July 14, 1999 - 7:00 p.m.
http://www, ci.kenai, ak.us
CALL TO ORDER
Chairman Glick called the meeting to order at 7:00 p.m.
a. Roll Call
Members Present: Carl Glick, Barb Nord, Donald Erwin, Robert Newbry
Ron Goecke (arrived at 7:05)
Members Absent: Phil Bryson
Others Present:
Councilman Duane Bannock, Administrative
Assistant Marilyn Kebschull, Contract Secretary
Barb Roper
be
Agenda Approval:
NORD MOVED TO APPROVE THE AGENDA AND ASKED FOR
UNANIMOUS CONSENT. MOTION SECONDED BY ERWIN.
AGENDA WAS APPROVED AS PRESENTED.
Approval of Minutes- June 23, 1999
ERWIN MOVED TO APPROVE THE MINUTES OF JUNE 23,
1999 AND ASKED FOR UN~~OUS CONSENT. THE MOTION
WAS SF~ONDED BY NEWBRY.
THE MINUTF~ WERE APPROVED AS WRI~EN.
d,
Consent Agenda - No Consent Agenda items.
SCHEDULED PUBLIC COMMENT: None
CONSIDERATION OF PLATS: None
PUBLIC HEARINGS:
PZ99-26 - Encroachment Permit- Front Yard Setbacks- For
the property described as Lot 4, Block 2, Spruce Grove
Planmng & Zoning Commission Meeting
July 14, 1999
Page 1
Subdivision (405 Hailer Street), Kenai, Alaska. Application
submitted by Donald L. McCloud, 405 Hailer Street, Kenai,
Alaska.
NEWBRY MOVED TO APPROVE PZ99-26.
BY NORD.
MOTION SECONDED
No public comment.
Kebschull stated staff had nothing additional but noted the
encroachment dated back 24 years.
Erwin asked if the encroachment would be more than 3.6' with the
addition of the porch. Kebschull clarified that accessory
structures could come to three feet of the property line.
No other comments were made.
VOTE:
ERWIN YES GOF~KE ABSENT
NORD YES NEWBRY YES
BRYSON ABSENT GLICK YES
MOTION PASSED UNANIMOUSLY.
Goecke arrived at 7:05 p.m.
be
PZ99-27- Conditional Use Permit- Retail/Wholesale Business
(Upholstery Shop} - For the property described at Lots 7 and
8, Block 2, Kaknu Korners Subdivision {9199 Kenai Spur
HighwayS, Kenai, Alaska. Application submitted by Ginger
Purcell, 2800 Beaver Loop Road #8, Kenai, Alaska.
MOTION:
ERWIN MOVED TO APPROVE PZ99-27. MOTION SECONDED
BY NEWBRY.
Verbatim Belrins
Barbara Waters, 311 Kultla Place, Kenai, Alaska- Members of
the Planning Commission, this is the first time I can actually say
this and mean it. The proposed is literally in my back yard. If you
would {inaudible) from your map layout, the subject property
consists of Lots 7and 8 of Kaknu Komers Subdivision. I~ll let you
fred it. My home is on Lot 12 in the same subdivision. My
daughters and grandchildren live at Lots 14 and 16. I am a 20-
year resident on the street and know of one other resident has
Planning & Zoning Commission Meeting
July 14, 1999
Page 2
lived there longer than we have. On our street there are ten
children in residence as well as several who visit grandparents
and friends on a regular basis. There are numerous children on
Dolly Varden and Kaknu as well. Ail of these visit the homes on
Kulila and wander through the various back yards as they play.
I'm a small business owner, as such I'm seldom opposed to new
businesses getting a fair shake from the powers that be. I'm not
opposed to this business getting a fair shake at this juncture.
However, this is a residential area. The nearest business venture
on that side of the highway is a former Doyle Fuel Service, which
has recently moved further out North Road. I'm not sure what's
currently going on in that property or going into the property
cause there's no signage there any longer. The next nearest
business venture is Integrity Survey's and then Zubecks, which is
ah, again mostly business oriented strip towards Soldotna.
Actually, I believe there might be a business venture ah, operated
in the little yellow house at Dolly Varden and the Spur Highway.
There's no signs and there's no overt signs of business, just a few
guide boats parked in the yard and an occasional tour van that
stops by, in fact it was there today. So that would be hard to
prove or disapprove and indeed I ~ion't recall ever receiving a
notice from the City about a Conditional Use Permit for that
location. It simply happened if it did.
In Ms. Purcell's application mention is made of a paved road to the
shop building. In fact, the road is only partially paved. Residents
in the trailer along that frontage road have been accessing the
McClure property via Tinker until the City finally got it blocked
enough they could no longer access it by that manner and I
noticed tonight as I left that they had finally re-seeded it again so
it's going to look nice. '
Not shown, however, in Ms. Purcell's drawings are the two trailers
at the far end of that dirt road. Now, back to the lots in question.
Lot #7 is currently a partially wooded lot, at one point there were
two pads with electric hook-up, which were used by motor homes
or mobile homes. Also, several years ago a (inaudible) opened up
in the Lot 7 side of the easement and the owners had to have it
backfilled. At that time we were told there probably several other
log cribs in the area which may or may not open up as well. We
were also told there's no way to know that they're there until they
·
caY(9 m.
The metal building on Lot//8 has been vacant or unused for
several years. Although I'm not sure, I think it was probably set
up as a garage for the motor homes or trailers which parked on
the previously mentioned pads.
Planning & Zoning Commission Meeting
July 14, 1999
Page 3
The road showed by Ms. Purcell's drawing does not exist in the
way depicted, in fact it's entr~ point is on Kenai Spur Highway.
It's 0nly paved from the highway and down a few feet on either
side. One side toward the building, the other's toward the trailer
homes. It's not a maintained road.
Parking is severely restricted by location of the adjoining property,
which is entered by way of Dolly Varden as well as by the location
and size of the shop building itself. Parking would have to be eit..
by either side.., ei... excuse me, either at the side of the building
or on the frontage road.
I also have a concern about the future addition of signage on top
of the building. Our bedroom window faces the highway and the
building. I don't look forward to having light from a sign shining
in my window. It's bad enough that the highway street lights
already shine in.
Although I'm sympathetic with Ms. Purcell's desire to open or
expand her business, I would object to it being in a residential
area. At this time Kenai space is changing. There are several
vacant building which are in some commercial areas. The EDD
also has several vacancies for new business ventures.
I'd also like it known that I applaud Ms. Purcell for her desire to
enter the business community. It's a difficult one at times but one
which can be rewarding, But I'm looking further down the road
even. What happens in a year or so if Ms. Purcell's ah... closes up
her shop, either to move to another location or for whatever other
reason. What might be considered by some as a simple non-
threatening business would have to open the doors to something
even bigger or less tasteful because the area then would have a
history of commercial use.
I respect~lly ask you to consider my objection and refer you to the
item headed by "recommendations" on page two of the comments
in the packet you sent me. The last line of that paragraph reads,
and I quote, "unless adjoining property owners object,
recommended approval." Members of this committee, I am an
adjoining property owner and I object and I thank you.
Verbatim Ends
Waters also pointed out the copies of the photographs she had
taken of the property in question. The photos were provided in
order to show the Commissioners what Waters was talking about.
Waters explained each photograph.
Planning & Zoning Commission Meeting
July 14, 1999
Page 4
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Erwin asked that Ms. Waters specify her concern of children
versus the business in the area. Waters stated extra traffic would
come along with the business and she is concerned for the safety
of the children.
No other questions.
Ginger Purcell, 2800 Beaver Loop Road, #8, Kenai, Alaska-
Purcell stated the only access to the business would be from the
Kenai Spur Highway and not from Tinker or Dolly Varden. Purcell
continued, she doesn't anticipate much traffic at all since she
operates a small shop and is the only one workin§ there. Purcell
stated there would never be more than two to three vehicles at the
business'at one time and access would only be on the paved road
that §oes to the dirt area. Purcell noted that she plans to clean up
the existin§ area and someday build a lar§er area next to it if
allowed. Purcell indicated she is not interested in a li§hted sign,
her sign would be small and placed above the §ara§e door.
No other comments, public hearing closed.
Staff had nothing additional.
Goecke apologized for being late and thought the concern of
increased traffic in the area was unwarranted due to the type
business proposed. Goecke noted he would be voting in favor of
the Conditional Use Permit.
VOTE:
NORD YES NEWBRY YES
BRYSON ABSENT ERWIN YF~
GOECKE YES GLICK NO
MOTION PASSED.
Glick pointed out the public has the right to appeal the
Commission's decision within 30 days to the City Council.
NEW BUSINESS: None
OLD BUSINESS:
MOTION FOR RECONSIDERATION- PZ99-24- Conditional Use
Permit - Greenhouse, Gift Shop/h Coffee Shop - For the
property described as Government Lot 111 (202 North Forest
Drive), Kenai, Alaska. Application submitted by Porter and
Susan Jordan, 8950 Greenbelt, Anchorage, Alaska.
Planning & Zoning Commission Meeting
July 14, 1999
Page 5
Glick pointed out that four (4) votes were required in order to pass
the Motion for Reconsideration.
MOTION:
NORD MOVED TO VOTE FOR RECONSIDERATION OF PZ99-
24. MOTION SECONDED BY ERWIN.
VOTE:
NEWBRY ~ BRYSON ABSENT
ERWIN YF~ C, OECKE YE~
NORD YE~ GLICK YE~
MOTION FOR RECONSIDERATION PASSED UNANIMOUSLY.
Kebschull pointed out there was additional information provided
by the Jordans and a related staff report. Kebschull also noted
the Jordans were present to answer any questions if necessary.
Goecke stated at the last meeting when the issue was discussed
he was not totally in favor but after going through all the
information he was now in favor with the proposed changes.
Goecke commended the Jordans.
Glick asked if the issue was approved, would it include the
additions provided by the Jordans. Kebschull answered, a Motion
was required to approve the revised plan as presented by the
Jordans.
MOTION:
C, OECKE MOVED TO APPROVE PZ99-24 WHICH INCLUDED
THE AMENDED PLAN PRESENTED BY THE JORDANS.
MOTION SECONDED ERWIN.
MOTION TO AMEND:
NORD MOVED TO AMEND THE MOTION TO BREAK DOWN
THE PLAN TO ALI~W THE COMMISSION TO VOTE ON ITEMS
ONE AND TWO SEPARATELY. THIS INCLUDED THE
RELOCATION OF THE DIIMP STATION TO THE NORTH SIDE
OF THE EXISTING FLOWER SHOP AND MOVING THE HEN
HOUSE CLOSER TO THE CENTER OF THE PROPERTY NEAR
THE BACK OF THE NEW GREENHOUSE. MOTION SECONDED
BY ERWIN.
Discussion took place on the original intent of the motion and
Nord stated it was to vote on the two issues separately. City
Planning & Zoning Commission Meeting
July 14, 1999
Page 6
Attorney Graves indicated there were a couple of options and one
would be to make a motion to delete the relocation of the RV dump
station from the amended plan. The second motion would be to
deal with the chickens. Nord restated her motion to amend as
follows'
(RESTATED) MOTION TO AMEND:
NORD MOVED TO DELETE THE HEN HOUSE FROM THE
CONDITIONAL USE. MOTION SECONDED BY ERWlN.
Nord reported there was an objection submitted from a neighbor
on the north side who was extremely allergic to poultry and
poultry products and if the amendment was passed there may be
some legalities that could be unfortunate for the City, especially
since there was knowledge of it happening. Nord also commended
the dordans for the wonderful plan they submitted.
Glick asked staff if the Land Use Plan allowed agriculture as a
principal use in this particular zone. Kebschull replied, farming
and general agriculture was a permitted personal use. However, if
it became part of a business or if permission was asked to have it
as part of the business, then a conditional use permit was
required.
Kebschull also asked for clarification on the motion as the original
amendment was to move the hen house and to limit the number of
chickens to 30. She asked, if the amendment was deleted, then
would the original proposal with the plan for the hen house be
voted on. Glick thought the hen house was being deleted
completely. Kebschull stated, if the chickens were to be removed
completely, then it needed to be stated. Graves agreed that
clarification was required if the intent of the motion was to not
allow chickens on the property. Graves reiterated that farming
and general agriculture was an allowed use in the RR zone,
however, it was clear that if an applicant applied for a conditional
use permit, the Commission could establish a condition that no
chickens be allowed on the premises.
WITHDRAWAL OF MOTION:
Nord requested permission to withdraw her amendment to the
main motion and to restate it. Erwin, who seconded the motion
agreed with the withdrawal.
Planning & Zoning Commission Meeting
July 14, 1999
Page 7
MOTION TO AMEND:
o
NORD MOVED THAT NO CHICKENS OR HEN HOUSE BE
ALLOWED ON THE PROPERTY. MOTION SECONDED BY
ERWIN.
Goecke indicated he previously had a problem with the chickens
but no longer did because of the proposed amendments presented
by the Jordans and the speakers from the last meeting. Goecke
continued, this was an issue that did not have to be presented
because of the non-restriction of farming and general agriculture
in the zone. Goecke thought the 30 chicken limit was not a
problem.
VOTE ON THE AMENDED MOTION:
BRYSON ABSENT ERWIN NO
GOECKE NO NORD YES
NEWBRY NO GLICK NO
MOTION FAILED.
VOTE MAIN MOTION:
GOECKE YES NORD YES
NEWBRY YES BRYSON ABSENT
ERWIN YES GLICK YES
MOTION PASSED UNANIMOUSLY.
Kebschull informed the. public they had the right to appeal the
decision within 30 days from the date of this meeting. The appeal
must be in writing and submitted to the City Clerk.
CODE EKFORCEMENT: - None
REPORTS
City Council
Councilman Bannock gave his report based on the City Council
agenda provided in the packet.
Item C-1, $55,000 appropriation for the preliminary design work
on the Kenai Coastal Trail. This could be a multi-million dollar
project with the long term benefits being not only an attraction but
a bank stabilization project as well.
Planning & Zomng Commission Meeting
July 14, 1999
Page 8
®
10.
11.
Item C-2 had to do with the way the Code regulates investments
the City has.
Item H-3 was approved and it provided ticket counter space to
Yute Air who would resume flight service into Kenai beginning
duly 15, 1999. Yute anticipated nine flights a day.
Items H-5, 6 and 7 were items presented by Mayor Williams.
Item H-9 dealt with the MUltipurpose Facility adjacent to the high
school and behind the Challenger Learning Center. Bannock gave
a report.on the money involved and announced there were eight
individuals who were willing to guarantee loans in excess of
$275,000.00 to see the project through completion.
be
Borough Planning- No report.
c. Administration
Kebschull advised the Commission the enclosed resolution report
shows all activity to date and it was separated by permit title.
Kebschull added, staff continued to work on the Code.
PERSONS PRESENT NOT SCHEDULED: None
INFORMATION ITEMS:
UZoning Bulletin"-June 10, 1999
KPB Plat Committee Action- June 28, 1999
Letter from KPB dated 6 / 15 / 99
Letter to State of Alaska, DOT, dated 6 / 25/99
Memo to Kenai Police Department dated 6/25/99
COMMISSION COMMENTS ~ QUESTIONS:
Commissioner Goecke apologized for being late to the meeting.
Commissioner Nord stated she was glad to see the City taking an
interest in Sycamore Street and the issue of the vehicle repair business.
Councilman Bannock apolof~ized to the Commission for the comment he
made during the discussion on reconsideration during the last meeting
about Mr. Jordans' amendment. Bannock stated he conferred with
Attorney Graves and he was informed the information he shared was
incorrect. However, the Commission corrected the issue at this meeting.
Planning & Zoning Commission Meeting
July 14, 1999
Page 9
12. ADJOURNMENT
GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT
7:40 P.M.
Respectfully submitted,
Barbara L. Roper, Contract Secretary
Planning & Zoning Commission Meeting
July 14, 1999
Page 10
HISTORIC DISTRICT BOARD
July 19, 1999- 7:00 p.m.
*** AGENDA***
Kenai City Hall
Chair Michael Huhndorf
1. ROLL CALL'
2. APPROVAL OF AGENDA'
3. APPROVAL OF MINUTES' January 18, 1999
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. HISTORIC BOARD REVIEW:
6. NEW BUSINESS-
7. OLD BUSINESS'
a. Committee Reports
· Visitor Center Exhibit -- Old Town (Richard)
· Battle of Kenai Research (Huhndorf)
Explore land acquisition for exhibit opportunities in Old Town (Kluge)
· Research Heritage program and funding possibilities. (Clausen)
· Old Town Video (Gray/Moore)
Walking Tour Exterior Sign (Huhndor~ebschull)
8. REPORTS'
a. City Council
b. Administration
9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
10. BOARD OUESTIONS AND COMMENTS.
11. INFORMATION:
a. Commission Roster
b. Appointment letter to Emily DeForest
c. Peninsula Clarion article written by Mike Huhndorf (5/13/99)
d. 1998 Annual CLG Report
e. Letter fi'om OHA dated 6/11/99
f. Section 106 Regulations effective May 18, 1999
12. ADJOURNMENT:
HISTO~C DISTRICT BOARD
July 19, 1999- 7:00 p.m.
Kenai City Hall
Chair- Mike Huhndorf
http' //www. ci.kenai.ak.us
1. ROLL CALL:
Members Present: Emily DeForest, Ethel Clausen, Bill Kluge
Members Absent: Mike Huhndorf, Dorothy Gray, Cecelia Richard
Also Present:
Administrative Assistant Marilyn Kebschull, Contract
Secretary Barb Roper
Meeting was cancelled due to lack of quorum.
2. APPROVAL OF AGENDA:
®
APPROVAL OF MINUTES: January 18, 1999
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
e
HISTO~C BOARD REVIEW:
NEW BUSINESS:
e
OLD BUSINESS:
a. Committee Reports
· Visitor Center Exhibit - Old Town {Richard}
Battle of Kenai Research {Huhndorf)
· Explore land acquisition for exhibit opportunities in Old
Town (Kluge)
· Research Heritage program and funding possibilities
(Clausen)
· Old Town Video (Gray/Moore)
. Walking Tour Exterior Sign (Huhndorf/Kebschull)
8. REPORTS:
9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD:
10.
BOARD QUESTIONS AND COMMENTS:
11.
ae
INFORMATION:
Commission Roster
Appointment of Emily DeForest
Peninsula Clarion article written by Mike Huhndorf (5/13/99)
1998 Annual CLG Report
Planmn§ & Zonin§ Commission
July 14, 1999
Pa§e i
I~tter from OHA d~te 6 / 1 !/99
Section !06 Regulations eiYective May !8, !999
12. ADJOURKMENT:
Planning & Zoning Commission
July 14, 1999
Page 2
ITEM A:
,
2.
3.
4.
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
JULY 21, 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)
Kelly Shea -- Kenai Watershed Forum/"All Drains Lead to Kenai River"
Project.
ITEM C.
.
,
,
PUBLIC HEARINGS
Ordinance No. 1836-99 -- Increasing Estimated Revenues and
Appropriations by $426,750 in the Multi-Purpose Facility Capital
Project Fund.
Motion for Introduction
Motion for Second Reading {Requires a Unanimous Vote)
Motion for Adoption
Resolution No. 99-43 -- Formally Accepting FY2000 Municipal Capital
Matching Grant Number 00/587-8-001 From the State of Alaska,
Department of Administration in the Amount of $149,911.00 for a
Street Improvement Program, and Accepting the Conditions of the
Grant Agreement.
Resolution No. 99-44-- Approving an Amendment Adding Engineering
and Architecture Services, Construction Management, and Inspection
to Architects Alaska/K lauder & Co.'s Professional Services Agreement
on the Project Entitled Multi-Purpose Facility for the Not-To-Exceed
Amount of $33,424.
-1-
,
.
Resolution No. 99-45 -- Awarding a Contract to G&S Construction for
the Project Entitled Multi-Purpose Facility for the Total Amount of
$1,066,750, Which Includes Alternate No. lb, Alternate 2 and Project
Reductions.
Resolution No. 99-46-- Awarding a Contract for Professional
Consulting Services to Peratrovich, Nottingham & Drage, Inc. for the
Preparation of a Project Presentation Package for the Kenai Coastal
Trail for the Lump Sum Amount of $53,200.
ITEM D'
2.
3.
4.
5.
6.
7.
COMMISSION! COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors & Convention Bureau Board
d. Alaska Municipal League Report
ITEM E:
o
MINUTES
*Regular Meeting of July 7, 1999.
ITEM F:
CORRF~PONDENCE
ITEM G:
.
OLD BUSINESS
Approval -- Concession and Management/Operation Agreement for the
Kenai Multi-Purpose Facility.
ITEM H'
o
e
,
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 1834-99 -- Increasing Estimated Revenues and
Appropriations by $214,159 for Street Improvement Grants.
-2-
o
e
,
,
*Ordinance No. 1835-99 -- Increasing Estimated Revenues and
Appropriations by $7,946 in the General Fund for Library Computer
Equipment.
*Ordinance No. 1837-99 -- Appropriating a $1,500 Donation From the
Kenai Elks Lodge #2425 for Recreational Equipment.
Discussion -- Request for Development Proposals for Daubenspeck
Property.
Approval -- Tract B, Kenai Tidelands Survey No. 2
a,
b,
Assignment of Lease -- Marvin Dragseth and Royal Pacific
Fisheries, Inc. to Snug Harbor Seafoods, Inc.
Security Assignment of Lease -- Snug Harbor Seafoods, Inc. to
National Oceanic and Atmospheric Administration, National
Marine Fisheries Service, Financial Services Division.
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
-3-
KEN~ CITY COUNCIL- REGULAR MEETING
JULY 21, 1999
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www, ci.kcnai.ak.us
VICE MAYOR H. RAYMOND MEASLES~ PRESIDING
ITEM A:
CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council
Chambers in the Kenai City Hall Building. Williams noted, this meeting would be a
turning point in the history of Kenai because it would be the last council meeting of
Vice Mayor Measles. Williams read a proclamation in honor of Measles' efforts,
dedication and concern for the City of Kenai. Mayor Williams also presented a
plaque commemorating Measles' 20 years as a council member for the City of Kenai.
Williams noted, Measles had been revolved in virtually everyth~g happening for the
City of Kenai, but none of it for Raymond and alwa~vs for the community.
A break was taken for the taking of photographs and refreshments.
BREAK TAKEN: 7:10 P.M.
BACK TO ORDER: 7:30 P.M.
Williams introduced the newly hired Airport Manager, Rebecca Cronkhite. Wilhams
passed the gavel to Vice Mayor Measles who chaired the remainder of the July 21,
1999 council meeting.
Measles stated he appreciated Williams' allowing him to chair his final council
meeting. He noted, during his years on council he ran against WilJiams and lost, but
was glad Wilhams beat him. Measles continued, Wilhams had done a fantastic job
being mayor and accomplished a lot with the present and past councils and
administrations.
Measles stated he thoroughly enjoyed being on the council and serving with the
mayors and council members over the years. He added, the councils, as a whole,
were responsible for the development of the city and he added, he hoped future
councils would continue on the path for the development and growth of the city.
A-Xo
PLEDGE OF ALLEGIANCE
Vice Mayor Measles led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk.
Measles, Bannock and Frazer.
Present were:
Williams, Bookey, Swarner, Moore,
A-3o
AGENDA APPROVAL
Vice Mayor Measles requested the following changes to the agenda:
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 2
ADD TO: C-l, Ordinance No. 1836-99 -- Additional information regarding
project costs and funding sources.
SUBSTITUTE: H-7a/h b -- Approval -- Tract B, Kenai Tidelands Survey No. 2,
Substitute Assignment of Lease and Security Assignment of Lease.
Vice Mayor Measles noted there were no additional changes to the agenda and
established the agenda was approved as amended.
A-4o
CONSENT AGENDA
Vice Mayor Measles noted there were no changes to the consent agenda and stated
the consent agenda would stand as submitted.
ITEM B:
SCHEDULED PUBLIC COMMENTS
B-lo
Kelly Shea -- Kenai Watershed Forum/"All Drains Lead to Kenai River"
Project.
Shea first thanked the City of Kenai for their involvement and donation to the Kenai
River Festive and presented a certificate of appreciation, thank-you letter and news
clippings. She noted, the greenstrip park worked out very well for the Festive and
the city's donation was used toward the children's activities.
Shea referred to her letter which was included in the council packet, and explained
the Kenai Watershed Forum was hoping to involve the City of Kenai in a stenciling
project which was started in Soldotna last summer. The project included placing fish
stencils on approximately 25 storm drains. The stencil read, "all drains lead to the
Kenai River, City of Soldotna" and included a silhouette of a salmon.
Shea noted, the project was the beginning of an educational effort to inform Soldoma
residents that water entering certain storm drains in the city did not get filtered
through the wastewater treatment plant, but go untreated into the Kenai River. The
Forum was now wanting to expand the program in Soldotna and initiate the program
in Kenai and involve the Alaska Department of Transportation.
In speaking with Public Works Manager Komelis, Shea stated, she was told there
were storm drains in the Woodland Subdivision that run into "No-Name Creek"
which flows along side Spruce Street and to the River. Shea requested approval from
the City of Kenai to begin a pilot stenciling project in Kenai which would begin in
August. The project would involve stenciling approximately 25 storm drains in the
Woodland Subdivision.
Shea referred to the copy of the working agreement which was included in the packet
and added, approving the agreement would initiate a storm drain stenciling project
~NAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 3
· which would involve no cost or additional resources to the City of Kenai. The Forum
would coordinate and fund the project, contracting with the local Boys and Girls
Club to do the painting.
Councilwoman Swarner asked Attorney Graves if he had reviewed the agreement and
if he had any suggested changes to the agreement. Graves answered, he reviewed
the agreement and had no changes.
MOTION:
Councilwoman Swarner MOVED for the City of Kenai to participate with the Kenai
Watershed Forum in the stenciling of the 25 store drains and that there is no cost to
the city. Councilman Moore SECONDED the motion.
Moore asked if the work to be done on Forest and Redoubt would have any affect on
the drains in Woodland, i.e. would those drains be directed to anywhere else other
than "No-Name Creek." Public Works Manager Komelis answered, the drains on
Forest Drive and Redoubt do not tie into Woodland. He noted, a drain at the Sears
Elementary School did, however, but would not be involved in this project. Moore
stated, he didn't want to mark a drain that states it goes to the Kenai River if it didn't
or wouldn't after the upgrade of Redoubt and Forest. Komelis stated those drains
flow to No-Name Creek which flows to the River. Moore asked if the upgrades to be
done on Forest and Redoubt would also flow to No-Name Creek and Kornelis
answered yes.
Shea stated she would be working with Komelis to be sure they stencil the
appropriate drains, which was included in the agreement. Bookey asked if the
drains in Woodland would be marked because they flow to No-Name Creek. Shea
answered yes and added, if the drains eventually flow to the River, they would be
marked.
VOTE:
There were no objections. SO ORDERED.
ITEM C:
C-1o
C-l-a.
PUBLIC HEARINGS
Ordinance No. 1836-99 -- Increasing Estimated Revenues and
Appropriations by $426,750 in the Multi-Purpose Facility Capital
Project Fund.
Motion for Introduction
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 4
Councilman Moore MOVED for the introduction of Ordinance No. 1836-99 and
Councilwoman Swarner SECONDED the motion and requested UNANIMOUS
CONSENT.
VOTE:
There were no objections. SO ORDERED.
C-l-b.
Motion for Second Reading (Requires a Unanimous Vote)
MOTION:
Councilman Moore MOVED to hold the second reading of Ordinance No. 1836-99
and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS
CONSENT.
VOTE:
There were no objections. SO ORDERED.
C-l-c.
Motion for Adoption
MOTION:
Councilman Moore MOVED for adoption of Ordinance No. 1836-99.
Swarner SECONDED the motion.
Councilwoman
Nate Kiel, 404 Lawton, Kenai. Kiel noted, the effort to build an ice rink began as a
grass roots effort with hundreds of citizens signing petitions showing their interest in
the project and that effort evolved into two dozen user groups stating their desire for
the development of the project. He added, when it was found the funding would not
be enough to cover the estimated cost of the project, a group of citizens offered their
personal resources. He noted, some of those had no direct vested interest in the
facility, but saw it as a long .overdue investment in the quality of life for the
community and a resource for the youth of the area. Kiel added, the council agreed
to go forward with the project and he stated his appreciation for the appropriation of
the funds, as well as the council and administrations' help in seeing the project
through. Kiel urged council to move ahead with the ordinance and the project.
Rick Baldwin~ 3080 Kim-N-Ang Court, Kenai. Baldwin stated, the project was an
indication of what could happen when a lot of people put their energies together. He
noted, it had been two years since he and Kiel talked about a modest covered ice
facility and were initially told there were no funds available from the city to build
such a project.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 5
Baldwin continued, City Manger Ross didn't let the idea drop and came up with a
solution; selling golf course lots to fund the facility. When the location was a
problem, Ross suggested ten acres of prime property by the Kenai Central High
School, held by Mental Health Trust. Ross then negotiated with Borough Mayor
Navarre and acquired the ten acres at no cost to provide a location for the facility.
Baldwin applauded the efforts of administration and council in moving the project
forward and added, the covered ice rink would now be a true multi-use facility for
other groups' use and because it would be a larger facility, it would be able to offer
more services to many more people.
Baldwin added, when the bids came in higher than the available funds, community
citizens came forward and acquired a loan (LLC) to bridge the funding deficit. He
stated he was proud to live in the Kenai community where there was so much
interest in bettering the quality of life for the children and adults of the community.
Baldwin urged council to pass the ordinance. He noted, he had heard no negative
comments in regard to the project. Baldwin suggested council look forward to a
grand opening of the facility on November 26 and thanked council for their support.
Moore noted the LLC acquired a loan for a line of credit for $350,000, however the
ordinance would increase the appropriations by the LLC by $275,000. Moore asked
if the other $75,000 would be used for the purchase of the Zamboni, etc. Baldwin
explained, the LLC agreed they would take care of the ice and would receive the
revenue from the sale of the ice time. He noted, there was no money included in the
funds to purchase the Zamboni or boards for around the rink. He noted, the group
was attempting to acquire the boards and Zamboni and the $75,000 was there as a
contingency for their acquisition. He noted, the boards and Zamboni acquisitions
were the LLC's responsibility.
Moore stated he wanted that clearly understood because there was a resolution
before council at this meeting which included the addition of the Zamboni room to
the facility. Baldwin noted, the LLC came to the city suggesting the addition of the
room because they knew the only way they could back the project was with the sale
of manufactured ice (in order to generate revenues). Baldwin noted the completion
date had been extended from November 1 to December 1. Because the LLC was
expecting to acquire revenues during the month of February and now would not be
able to receive them because of the delayed completion, Baldwin asked that the
burden would not fall on the LLC. He noted, they expected to lose approximately
$3,000 in ice revenue. Baldwin added, the contractor stated to him he believed the
project would be completed earlier. Baldwin thanked the council for their support of
the much needed and greatly appreciated facility.
Councilman Bookey stated he signed on with the project when it began
approximately one year ago and was in full support of the project at that time
because he believed it was a good project. Bookey added, he was very disappointed
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 6
with the cost to which the project had escalated, but was very thankful to the
community who came forward to help in funding the project.
Bookey stated he disagreed with the introduction and second reading of the
ordinance procedure of this ordinance, but overlooked his objection. He explained to
the public this procedure was taken because the contractor stated he could not order
the building unless there was a definite answer from council, which would be the
passage of the ordinance. Bookey added, he believed the remaining constituency of
the city was entitled to have the appropriate time for consideration of the ordinance.
He noted, the Charter allowed this procedure, but felt it should be done at a very
special time and on a construction project of this nature, it was difficult for him to
vote affirmatively. Because there had been problems with the cost of the project,
Bookey stated, he would not support the project at this time. He added, he voted yes
for the second reading because he was aware the ordinance would probably be
passed either tonight or at a special meeting.
Bookey added, he wanted council and public to understand he hoped this would be
as far into the project as the city would go. He continued, money would be taken
from the General Fund to fund the project and he didn't want major mill rate
increases because of this project. Bookey stated he hoped council would be cautious
with change orders and directions to the contractor of the project.
Mayor Williams stated he was supportive of the project but was concerned about the
terms of the loan the LLC group acquired. He noted, it was too late to change the
process at this point, but asked if a future project came forward and a group was
involved like the LLC, could a revenue bond be made in the name of the City of Kenai
if the group was able to produce a financial statement sufficient for the bank to issue
a loan. He noted, a lower interest rate could probably be acquired, etc. City
Manager Ross stated administration investigated that possibility and found there was
not a sufficient guarantee on revenue stream to go to a revenue bond for this project.
He added, a revenue bond of this size would take more in its administration,
implementation and fees, than saved in the differential in the interest rates. Ross
added, a revenue bond consideration was not appropriate for this project.
Councilman Bannock stated there were many aspects of the project he loved but was
disappointed with the cost of the project over $1 million. He added, his joy in the
project was in seeing the support it had and credited administration for developing
the scheme with which $700,000 had been acquired for the project. He
complimented the LLC for their creativity and willingness to be involved and the
contractor for putting himself on a timeline. Bannock noted, the reason he
wholeheartedly supported the project was because the cost to the city, for a project
totaling $1.1 million, would be less than $400,000 (coming from the General Fund).
Bannock gave his word that if any other project came to council for review which was
in excess of $1 million and could be purchased by the city for $400,000, he would
give his 100% support for that project. Bannock urged passage of the ordinance.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 7
Vice Mayor Measles stated he had been a supporter of a hockey rink/multipurpose
facility in the city for many, many years and was very glad to see something was
coming together. He added, he would support the ordinance, but shared some of the
concerns of Councilman Bookey in regard to cost of the facility and hoped the council
would hold the line on the project and make sure it would come in on budget and on
time. Measles stated, he would hate to see the project delayed any further either by
fault of the contractor or others and didn't want the project to cost the city any more
money. He added, it was a great project and applauded the group who came forward
to help fund the project.
VOTE:
Williams-
Yes
Bookey:
No
Swarner:
Yes
Moore' Yes Measles' Yes Bannock: Yes
Frazer: Yes
MOTION PASSED.
C-2.
Resolution No. 99-43 -- Formally Accepting FY2000 Municipal Capital
Matching Grant Number 00/587-8-001 From the State of Alaska,
Department of Administration in the Amount of $149,911.00 for a
Street Improvement Program, and Accepting the Conditions of the
Grant Agreement.
MOTION'
Councilwoman Swarner MOVED for approval of Resolution No. 99-43 and requested
UNANIMOUS CONSENT.
There were no public or council comments.
VOTE:
There were no objections. SO ORDERED.
C-3.
Resolution No. 99-44 -- Approving an Amendment Adding Engineering
and Architectural Services, Construction Management, and Inspection
to Architects Alaska/K lauder & Co.'s Professional Services Agreement
on the Project Entitled Multi-Purpose Facility for the Not-To-Exceed
Amount of.$33,424.
MOTION'
Councilman Moore MOVED for approval of Resolution No. 99-44 and requested
UNANIMOUS CONSENT. Councilman Frazer SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 8
There were no public or council comments.
unanimous consent.
Bookey noted his objection to
VOTE:
Winiams·
Yes
Bookev:
No
Swamer:
Yes
Moore: Yes Measles: Yes Bannock: Yes
Frazer: Yes
MOTION PASSED.
C-4o
Resolution No. 99-45 -- Awarding a Contract to G&S Construction for
the Project Entitled Multi-Purpose Facility for the Total Amount of
$1,066,750, Which Includes Alternate No. lb, Alternate 2 and Project
Reductions.
Councilman Moore stated he intended to vote on the resolution and informed council
and audience G&S Construction was a client of his company.
MOTION:
Councilwoman Swarner MOVED for approval of Resolution No. 99-45 and
Councilman Frazer SECONDED the motion.
Bob Peters, Old Town, Kenai- Peters requested clarification and asked if the LLC
members would be donating the money to the city. Measles answered yes. Peters
noted Bannock had referred to golf course property sales and the funds were directed
to the multipurpose facility project. He asked, were those funds placed into the
General Fund and then the $400,000 Bannock referred to taken out or was the
$400,000 being taken from the General Fund in addition to the funds received
through the property sale. Answer was, in addition to the property sale revenue.
Peters asked.the total cost for the project. Answer was $1.1 million.
Peters asked if the $400,000 included the $300,000 the LLC was putting into the
project. Peters asked what would be the city's cost of the project. Bannock
answered, the total cost of the project would be $1,126,750, of which $750,000 had
been appropriated from the land scheme. He added, the city did not pay anything for
the land scheme. Of the remaining $426,000, $275,000 was being offered by the
LLC and $151,750 was appropriated earlier in the meeting. Bannock noted, the
$750,000 would be taken directly from the General Fund, however the income from
the sale of the golf course lands (an increase to the Land Trust Fund) would repay
the General Fund. He added, the city, in essence, borrowed its own money.
Bannock continued, the $400,000 was the amount of money the city would be
missing (including the $230,000 expended for the dirt work).
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 9
Peters noted, the income from the sale of the golf course lots would have been used
for another project, if not used for this one. He added, he was in support of the
project, thought it a worthy project and an addition to the city which was long
overdue. Peters noted, it was his understanding the project was Phase I of a three-
phase project which in total would probably exceed $1.2 million. He asked if the city
would continue with the three phases if funding became available or would it be a
three-sided, open-air, non-refrigerated, multipurpose facility. Moore stated, as along
as he was on council, he wanted to see the building completed.
Swamer noted, the revenue received from the sale of the golf course lots had to be
used for a recreational Purpose which had not been stated in the earlier discussions
during the meeting. Williams noted, when the city made the trade for the golf course
lands (Bureau of Outdoor Recreation (BOR) lands with specific restrictions), those
properties were required to be used for recreational purposes only. He added, the
city had attempted to have those restrictions lifted in order to develop the properties.
Williams noted, City Manager Ross was able to negotiate with BOR to remove the
restrictions, sell the properties, and place the revenues in a recreational project
(which was part of the negotiations).
Ross added, there were other lots included in the golf course properties which had
been computed into the $700,000, however those lots had no restrictions. He noted,
when council discussed those lots, it was decided to include those lots as part of the
project. When those lots are sold, those revenues will be included in the
multipurpose facility project (and were already included in the $700,000).
VOTE:
Williams' Yes
Moore: Yes
Frazer: Yes
Bookey:
Measles:
No Swarner: Yes
Yes Bannock: Yes
MOTION PASSED.
C-5o
Resolution No. 99-46-- Awarding a Contract for Professional
Consulting Services to Peratrovich, Nottingham & Drage, Inc. for the
Preparation of a Project Presentation Package for the Kenai Coastal
Trail for the Lump Sum Amount of $53,200.
MOTION:
Councilman Bookey MOVED for approval of Resolution No. 99-46 and Councilman
Moore SECONDED the motion.
Phil North - Representing the Environmental Protection Agency. North explained he
worked with the Aquatic Resources Unit, a one-person office whose job was to look
after aquatic resources on the Kenai Peninsula. North stated he was not speaking to
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 10
oppose the project and didn't currently have a position on the project. He noted, the
project would probably go through a long permitting process or at least a thorough
review during permitting in which he would be involved. He added, through that
process, he would develop a position, after learning more about the project.
North asked council to be aware that projects such as this one have consequences;
rivers are systems and were not individual little pieces put together, but are dynamic
systems. On a bluff like Kenai's, the energy of the fiver was being spent to move the
material which was a detriment to the City of Kenai and was why Kenai wants to
stabilize the bank. He noted, he was addressing the stabilization of the bank and not
necessarily the bike trail or coastal trail. North continued, the energy of the river
moves elsewhere when the river is not allowed to erode a bluff. He also asked council
to be aware of what the consequences would be; where would the energy go and what
would it do. North referred to the book, Living With Coastal Alaska, whose principle
author was Owen Mason, University of Alaska Fairbanks, which discussed the Kenai
bluff in particular. He noted, Mason quoted the mayor who talked about "...an entire
road and three platted lots had been eroded away..." and "...the solution favored by
some Kenai residents is a sea wall responding to the gut-level appeal of hard
stabilization. Residents should bear in mind the finality of this solution and realize
that it might merely transfer the effects of wave action from one part of the bluff
coastline to another. A sea wall will cut off the supply to the beach, causing
the loss of beach in front of the wall and increasing rates of shoreline erosion on
adjacent unwalled beaches."
North continued, to project a possible outcome, if beach on the other side of "No-
Name Creek" eroded away, then the sewage treatment plant would be at risk, as well
as the rest of the bluff and all the houses at the end of Forest Drive. He added, those
were the types of consequences and requested council be aware of them and be sure
they are investigated. North noted one way to do that would be to involve the
agencies and other interested persons at the very beginning of tl~e process. He
added, he believed the city had taken a step beyond where the city should in terms of
awarding a basic design contract. If the agencies were involved, questions that
would be asked would be brought out now instead of waiting until they were involved
in the regulatory process after spending a lot of money for design. If the questions
were asked prior to spending money, the agencies could tell the city the questions
they would be asking and go into the design considerations. AlSo, they could ask
questions that may provide insight into the city deciding to do something else;
another idea coming out of the discussions. In the long run, if the agencies are
involved very early in a project, it could save a lot of heartache and potentially
money. North added, he believed ongoing coordination was very important.
Williams agreed, several lots had disappeared and according to the 1953 Geophysical
Survey of the bluff area, approximately 150 feet had been lost. He added,
approximately 15 years earlier, the City of Kenai spent $.5 million and hired a
foremost engineering company, Tibbots, Abbot, McCarthy and Stratton (New York), a
world-famous harbor design company. This firm did a year-long study of the entire
0
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 11
river system, sedimentary basra, the bottom of the river, aquatic life and did a study
of stabilization of the bluff (which information remains still available to the city). He
added, it was true (the stabilization project) energy could shift from one point to
another, but in this case and design, the city was aware where the energy would
shift; it was continuously doing it for a long time and was part of the problem. He
noted, it was shifting the sands and silt out across the mouth of the river and onto
the spit which was building on the other side. Williams noted, this was even more of
a detriment to the fishing community.
Williams continued, when he asked the engineers what would happen if nothing was
done and where would the bluff stabilize itself, they answered, "somewhere about the
middle of Carrs parking lot." He 'continued, the council was faced with a growing
community who loves the bluff and who are interested in saving the bluff. This
particular project with Nottingham, Peratrovich & Drage was not an initial project or
one being jumped into on a spur of the moment; it had been ongoing for 15-20 years.
This was another attempt to gain knowledge of what might be done. Williams added,
North was correct in stating (and administration had confirmed it) that every agency
involved in the process would be informed every step of the way. Williams stated, he
appreciated North coming and speaking to council.
North stated he was glad to hear Williams' comments and added, it was those types
of reports which they had not been made aware because they had not been around
that long. He added, the regulatory process is that he will hear about a project either
in the paper or would get a public notice. He then has to respond within 15-30 days.
North added, he was not aware there were other reports and uses the information he
has made available to him. He stated, it was great to know there was a report like
Williams' noted and requested a copy if one was available.
Ross stated, he wasn't sure if North had attended the last KRSMA board meeting or
the one prior. He added, the city presented the project before the Board in order to
put the agencies on notice prior to proceeding with the project. Some comments had
been received. North stated he checked with the other agencies to find out what they
knew (about the project), prior to doing anything else. He was told they didn't know
anything, only what had been in the. paper.
Bannock thanked North for attending the meeting and noted he was disappointed in
what he said as he thought North would give the city an "atta-boy" for what it was
attempting to do. He added, his disappointment was because he could not believe
the State of Alaska had not recognized the City of Kenai has had a problem. He was
aware there was a problem, because he lived in the community for most of his life.
He was somewhat offended for North to come to the meeting and suggest a portion of
wrong-doing because he didn't know if the State of Alaska had done anything to
prevent the problem the city was in at this time. However, North came to the
meeting and stated the city should slow down and be careful of the ramifications.
Bannock added, he would turn the tables around and ask North, with his EPA hat
on, what should the city do; what would he do for the city. Bannock continued, the
~NAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 12
council was ready to vote on an ordinance for $53,000 (with which he had his own
problems of how the number was determined). What was the EPA going to do for
him or was it a new problem to the EPA and not seen it before.
North answered, the (problem) was new in the sense it was new to the regulatory
process for the first time during his tenure. In answering Bannock's first question
(what would he do for the city), North stated, if given the opportunity, he would
convene a process involving the city and the agencies to do a problem-solving session
and to look at the problem. He added, he didn't think anyone doubted there was a
problem there and he had not come to the meeting to castigate the city and
apologized if that was how it came off, but he came to basically request awareness of
the potential consequences of doing a particular project without looking beyond the
limits of the project (typically what's done) and to ask for coordination, which he had
not seen but heard that there had been attempts to do. North added, what he would
do for the city would be to facilitate that coordination.
Bannock asked if the coordination was optional. North answered, there was a way to
do it in a way that could cost a lot more money and a lot more headaches, or do it in
a way to solve problems early and make the paperwork part of it smooth. He added,
he was asking council to do it in the latter way, because that would be easier for him
too. Bannock stated, he was not hinting the project could be done without
cooperation from EPA and the other agencies. He asked, if this issue had not been
on the agenda, would North be in attendance at this meeting. North answered no.
Bannock asked if North was recognizing the negative ramifications of not doing
anything, because that was what the city had done; not doing anything. North
answered, they recognized there was a problem and if the city wanted him to do
something for the city, he would convene a problem-solving process to try to resolve
the problem. North added, he recognized there was a problem and recognized
something needed to be done. Typically the process for permitting this type of
project was not set up to be cooperative, but set up to be adversarial; it was
necessary to do it that way and problems could be solved without doing it that way.
Bookey asked North if he was an engineer. North answered, he was a river ecologist.
Williams referred to pictures on the wall of a project similar to what the city's project
would be. He noted, he had the opportunity to look closer at the armoring that had
been done along the Tumagain Arm to maintain the railroad bed and highway. He
added, it was known this was not an unproven technique or an unproven technology.
Williams stated, he believed what council was doing at this meeting was the proper
course of events to follow, which was to bring together an engineering group who
understood the problems and understood the permitting process as well (had been
involved in the processes for many years). Williams added, in regard to the city's
problem, virtually every Corps of Engineer colonel who had been in Alaska, had seen
the problem. He added, the city had investigated federal funding, federal help,
engineering, and a lot of people had discussed the problem for many years. Williams
stated, he was trusting the engineers he was supporting to be hired with this
resolution, would more than be adequate in approaching the agencies and bringing
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 13
together the intergovernmental coordination agency, Kenai River management group,
Harbor Commission, etc. He added, he felt he and the council were pretty satisfied
the city would be dealing with a lot of people before the project was over.
North stated he was glad to hear that and added, he had dealt with Peratrovich,
Nottingham & Drage many times over the last ten years on a lot of projects and many
times it was an adversarial setting. He added, he was trying to avoid that setting and
believed it could be done through communication and understanding.
Christine Sehmidt - Stated she didn't have a position on the project. She stated,
she would have liked to see the public meetings to have happened before the city
spent the money at this meeting and asked council to consider, when describing the
project for the public meetings, they be in a meeting format instead of a more formal
hearing format (like the meetings were held for the Forest Drive/Redoubt Avenue
rehabilitation project) so that people could get up and speak. Schmidt also requested
council to consider defining the project very clearly to the public because it had been
discussed as a bike trail or coastal trail when it appeared to be a bank stabilization
project. She added, she believed it important to get out as much information to the
public as possible. Schmidt continued, she had not known about the project until
she read about it in the paper, however it had been in the city administration for
about three months.
Schmidt also requested council, if it was decided to build a trail, that the city inform
the public of what the maintenance costs will be and make a commitment to
maintain it because she didn't believe there was a point in building a trail if no funds
would be available to maintain it and it be maintained.
Dennis Nottingham- President of the Peratrovich, Nottingham & Drage.
Nottingham stated they work with the EPA and didn't believe it adversarial, but
educational. He added, the initial contract with the city was to get a very rough idea
of some potential and try to get enough interest to stabilize the bank in order for the
city to go to the next step. Nottingham added, they contacted Fish & Game who were
very helpful, but didn't speak to EPA. He apologized for not contacting them as it
was not in their character to omit anyone. Nottingham continued, as the project
progressed, everyone would be informed and included.
Nottingham agreed, the open-forum workshops may be the best for this type of
project for at least the first couple meetings in order for everyone to be relaxed and
say what they are thinking without being worried about making a formal
presentation. He noted, Komelis had set up the appropriate types of meetings in
order for people to be comfortable.
Nottingham stated he had reviewed the project for about five years and Williams and
he had discussed it many times over the years. He added, the problem had been
studied by many over the years and there had been outlandish and costly schemes
and ideas suggested in regard to how to stabilize the bluff. He continued, it was a
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 14
relatively simple problem and could be handled in a simple manner as shown in their
preliminary study. Nottingham referred to pictures of other projects his company
had completed over the years, i.e. Tony Knowles Coastal Trail using an armored trail
(considered to be one of the successful trails in the United States as far as usage and
exposure to the coastline), a private residence protected by an open-cell wall (his
company invented), etc. He added, in their studies, they may fred the two methods
(armored and open-cell wall) should be combined or another method used.
Nottingham noted, one of their projects was to place a bridge across an estuary
which had been requested by Fish & Game and showed how they work with Fish &
Game in order to get their support for a project. He noted, this type of bridge could
be used for the city's project.
Nottingham stated he would leave the pictures with the city for people to review
closer. He continued, when they reviewed the bluff previously they were aware there
had been a number of small lots along the bluff, many of which had sloughed off. He
noted, all the private land will have to be integrated into the plan in a way there
would be no obstacles to build on the private land, etc. Part of their proposal
included a survey and location of the fights-of-way in order to solve those problems
prior to proceeding to the next step of the project. Also, they proposed to bring
everyone together to discuss costs in order to have real tangible plans for
presentation to the funding sources. He repeated, the objective was to identify the
right-of-way of the land, identify solutions that could be acceptable to everyone, and
then identify the costs. After that would be the permitting phase, along with finding
financing.
Paul Fuhs- Peratrovich, Nottingham & Drage. Stated he contacted a lot of the
agencies as part of the preliminary study and found this project could be financed.
Initial projections were $5-7 million. When going to the funding agencies, he added,
the agencies will want to know the costs are clearly identified. That is part of the
study. He added, another concern would be that the city would have the fight-of-way
to do the project. If the city acquires the fights-of-way, any costs involved in
acquisition of the fights-of-way would be part of the city's in-kind match of costs.
Fuhs added, there had been riverbank stabilization projects which have been
considered not a detriment to the environment to the river, but a real healthy
solution to the problems. He noted, the Exxon Valdez Oil Spill funds were a potential
source of funding for the city's project, as well as the U.S. Department of
Transportation, T-21 funding program TRAK could help for the trail, especially if it
would be handicap-accessible. Fuhs continued, the project would be tourism
development, fisheries education {local Fish & Game personnel were very supportive
of the project), Fish &, Wildlife has funding if interpretative signs are placed at the
slough, etc. He added, of the agencies to whom he spoke, al/were very supportive of
the project. Fuhs also noted, potential grants could be from the congressional
delegation, local funding, etc. He added, he believed the project could be financed
but the costs and rights-of-way would have to be included in the information, as well
as working with the agencies. He noted, his company had worked with the agencies
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 15
with regard to other projects. Fuhs stated it would be important to have a local
agency to bird-dog the project (Harbor Commission, Mayor's office, KVCC, EDD, etc.)
and pull the funding together. He added, if they could help with finding the funding,
they would.
Bookey asked what the reality of completing a project of this size would be (one, five,
ten years). Fuhs answered, he thought, with permitting and financing, probably two
years. He added, it would depend on receiving financing. Fuhs noted, he listed in
the report all who he spoke to from the agencies and all were supportive of the
project and felt it was a project that could be financed. He added, the permitting
would be an issue.
Bookey stated he totally supported the project, but wanted to have a clearer idea of
the time line for completion of the project. Fuhs asked Nottingham if he agreed and
he answered yes, two years was realistic. Bookey stated he believed two years was a
realistic amount of time with which the council could work. He added, he didn't
think there would be major financial problem once the project is begun and thought
two years was doable by the city at this level.
Ross noted, this project was not something new in the packet, but had been
addressed by council a year ago when concepts had been presented. At that time,
council had meetings regarding the concept design which then had been presented to
the KRSMA Board and Kenai River Center. He added, the city did not receive major
red flags from any of the local agencies with whom he thought the city would be
dealing. Ross stated, administration was very comfortable in going ahead with the
project and Resolution No. 99-46.
Rebecca Lambourn - Gave her address as Toyon Way in Redoubt Subdivision
further down from the area the council was discussing. Lamboum stated she
attended the meeting to gather reformation. She added, she had first heard
rumblings about a coastal trail, but most of the information she received was
through a recent newspaper article which described the project in more detail. She
said she had not been aware until then the project was about bluff erosion
abatement. Lamboum asked that as the process proceeded, council hold a lot of
community forums on the project. She said she was somewhat concerned about
what North had stated, i.e. every action has an opposite reaction and if this project
goes forward, something else would happen within the fiver system.
Lamboum stated she lived on a street without a bluff view and asked if she would
have a bluff view in the future. She asked if the non-eroding bluff in that area would
become an eroding bluff without abatement. Lamboum stated those were the
questions she wanted answered by the study. She also requested the information
included in agendas and in announcements would refer to the project with
something other than the coastal trail as she felt the project was more than a bike
trail. She added, she felt a lot of people wanted to have input into the project as they
become more aware. Lamboum noted it seemed to her most of the council already
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 16
had their minds made up and the project would go forward if the permitting and
funding were acquired. However, not everyone had received the results of the study
of what the effects of the project might be. She added, she hoped the project would
solve all the problems of the city and there would be no effect upon the properties
further down the beach and the river, but without the study, it was not know.
Lamboum requested council to keep their minds open and do the community
forums.
Williams referred to the contract and noted Task 4 called for public hearings to
gather ideas and desires of the community and a second meeting to relate the results
of input in the form of presentation drawings and photos. He added, it had been
established earlier in the discussions the hearings would be in a format that would
be open and welcome to the community. Williams added in regard to changing the
dynamics of the river, he noted he would vote for how not to change the dynamics of
the river. Referring to the pictures on the wall, Williams stated the apartment
building and social service building would no longer be there in two years. He also
noted the property in front of the Mental Health Association building would no longer
have a parking lot in two years and the Senior Citizens Center would no longer exist
if the bluff restoration program did not take place. Williams added, the city knew
what some of the reactions of the river would be due to previous studies. He noted,
the city maintains the authority for the river below the bridge because the city has
more information in its records of what goes on in that portion of the river. Williams
continued, the city, with this study, would be adding to that knowledge and
understanding of the river dynamics.
Williams stated the shifting of the sands to the other side of the river has caused a
tremendous amount of danger for the fishermen because it is harder to get in and
out of the river and harder to cross the bar, etc. Williams stated, the city would have
public meetings and wanted to bring a lot of answers to the table. Lamboum added,
a cost and benefit analysis needed to be done to take in all of the Kenai community.
Information garnered from the study may tell council and community there would be
problems with the project. She hoped council would keep their minds open to
evaluate that information.
Red M¢Collum- McCollum Street. McCollum suggested the course of the river be
changed and stop talking about it; put a power shovel in the river by the cannery and
make a small boat harbor of that area and there wouldn't be anymore concern. He
added, a rock jetty could be placed to keep the water from coming from the south
and beating the bluff.
Williams stated he believed McCollum's suggestion was an excellent idea and it had
been discussed, but the permitting process would probably be more horrendous than
this project's permitting process. He added, it was a plan he thought would work.
Moore asked Nottingham if McCollum's suggestion would be investigated through
their study. Nottingham answered, McCollum's suggestion could have been done in
the old days, but now with the permitting processes, etc., it would be hard to do.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 17
VOTE:
There were no objections. SO ORDERED.
BREAK TAKEN: 8:54 P.M.
BACK TO ORDER: 9:07 P.M.
ITEM D-
COMMISSION/COMMITTEE REPORTS
D-X.
Council on Aging- No report.
D-2. Airport Commission- It was reported there had been no quorum at
the scheduled meeting on July 8. Vice Mayor Measles administered the Oath of
Office to Rebecca Cronkhite, the newly hired airport manager.
D-3. Harbor Commission - Councilman Bookey reported the minutes of the
July 12 meeting were included in the packet. He noted fees were being collected
from dock and parking fees for the dip net fishery. Bookey also reported the dock
sign wooden posts had been replaced with piping. He noted the Commission also
discussed the proposed suggestion for a drift boat launch at Cunningham Park.
Because the proposed design only included seven to nine parking spaces, and
because there was a distinct possibility the fiver would be restricted to drift boats
only in the very near future, the Commission felt the area would not be large enough
to hanctle future drift boat traffic. The Commission felt it would be better to find
another site for a drift boat launch.
Williams reported he spoke with Bud Loftstedt (owner of several lots adjacent to
Cunningham Park) in regard to possible purchase of the immediately adjacent lot or
a portion of it (50 to 120 feet} to increase the city's space for a drift boat launch.
Williams stated he wanted to pursue discussions with Loftstedt as well as Ross
continuing his discussions in regard to the city's wetlands property.
D-4. Library Commission - Councilman Moore reported the next meeting
was scheduled for August 4, 1999.
D-5. Parks/l~ Recreation Commission - Councilman Frazer reported the
minutes of the July i council meeting were included in the packet. Because Frazer
had not attended the meeting, Director Frates reported the Commission discussed
the possibility of filling the area between sidewalk and curb along the Spur Highway
with brickwork as had been done in Soldoma. It was noted, that area along the
sidewalks had once been seeded, but with salt and sand, the grass was being killed
off. It was felt the brickwork may be workable and would require no maintenance.
Frates reported this item would be discussed further.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 18
D-6. Planning/l~ Zoning Commission - Councilman Bannock reported the
minutes of the past meeting were not included in the packet. He reported an
Encroachment Permit on Haller Street had been approved as well as a Conditional
Use Permit for an upholstery shop.
Bannock also reported the Conditional Use Permit application for Porter and Susan
Jordan had been reconsidered. He noted there had been a technical error at the
Commission level when it was first approved. That error had been rectified and the
permit was approved. Attorney Graves was in attendance. Bannock added, he
apologized to the Commission for giving an opinion at the previous meeting, when he
learned he gave misinformation.
D-7. Miscellaneous Commissions and Committees
D-7-a. Beautification Committee- Councilwoman Swarner reported the
minutes of the meeting were included in the packet. She noted the Committee
planned to hold a volunteer thank you in late August. She also reported Frates gave
a report to the Committee regarding watering schedules, etc.
D-7-b. Historic District Board- Councilman Moore reported he had not been
able to attend the meeting and Board Member DeForest (in the audience) reported
there had not been a quorum. Moore noted, the Board's next meeting would be in
three months.
D-7-c.
Kenai Visitors Ih Convention Bureau Board- No report.
D-7-d. Alaska Municipal League Report- Mayor Williams reported the plans
were moving ahead for the AML Conference which would be held in the
Kenai/Soldotna area in November and AML had hired a coordinator for the
conference planning. Williams also reported the Alaska Conference of Mayors would
be meeting in August in Homer.
ITEM E: MI~T~
E-lo
Regular Meeting of July 7, 1999.
Approved by consent agenda.
ITEM F:
CORRESPONDENCE- None.
ITEM G:
OLD BUSINESS
Approval -- Concession and Management/Operation Agreement for the
Kenai Multi-Purpose Facility.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 19
MOTION:
Councilman Moore MOVED for approve of the Concession and
Management/Operation Agreement for the Kenai Multi-Purpose Facility with Phase
One LLC. Councilwoman Swarner SECONDED the motion.
Williams asked (as he had at the last council meeting} what affect the operation
agreement would have on the city staff. Ross answered, some of the mechanics of
the operations were needing to be worked out, however they envisioned the Parks &
Recreation Center clerical staff would collect fees and make bookings for the facility
at the Recreation Center. There are to be periods of free skating for the community.
He didn't anticipate any city staff needing to be present at the facility to collect fees.
Ross added, if special events come up when city staff will be needed to be present,
compensation would be made. It was not anticipated the facility would be too costly
to maintain since there was no refrigeration.
VOTE:
Williams:
Yes
Bookey:
No
Yes
Moore' Yes Measles' Yes Bannock: Yes
Frazer' Yes
MOTION PASSED.
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. There were no objections. SO ORDERED.
H-2.
Purchase Orders Exceeding $2,500
MOTION:
Councilman Bookey MOVED to pay the purchase orders exceeding $2,500 and
Councilman Moore SECONDED the motion. There were no objections. SO
ORDERED.
H-a.
Ordinance No. 1834-99 -- Increasing Estimated Revenues and
Appropriations by $214,159 for Street Improvement Grants.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 20
Introduced by consent agenda.
Ordinance No. 1835-99 -- Increasing Estimated Revenues and
Appropriations by $7,946 in the General Fund for Library Computer
Equipment.
Introduced by consent agenda.
H-5.
Ordinance No. 1837-99 -- Appropriating a $1,500 Donation From the
Kenai Elks Lodge #2425 for Recreational Equipment.
Introduced by consent agenda.
H-6o
Discussion -- Request for Development Proposals for Daubenspeck
Property.
Williams noted, during the last meeting he requested permission from council to
prepare a generic letter stating the city's desire to receive development proposals for
the Daubenspeck property which would be sent to possible interested developers.
Williams distributed a copy of the letter along with its enclosures (fact sheet, plat of
land, plat showing dimensions, Kenai Visitors Center visitor information,
enplanement composite for the Kenai Municipal Airport, and convention
information). Williams read the letter aloud and noted he would be sending out four
of the letters to prospective developers unless council objected. There were no
objections.
Ross stated he and Williams discussed the letter. He noted FAA was moving forward
with the removal of materials from the site. He added, there was a possibility a 1,000
gallon underground storage tank on the property was the city' s responsibility to
remove. However, if contamination is found, the city would go to FAA to do what was
necessary to remove the contamination.
Ross added, the property was also thought to have been a garbage dump and in
dealings on other properties, a certification of cleanliness and indemnification would
be required before any development of the property would take place. Ross noted, he
had requested City Engineer La Shot to develop a plan for removal of the tank by the
council's first December meeting. He noted, it may be more appropriate for part of
the site to be a parking lot instead of developing it, keeping that portion in city
ownership.
H-7.
Approval-- Tract B, Kenai Tidelands Survey No. 2
H-7-a.
Assignment of Lease -- Marvin Dragseth and Royal Pacific Fisheries,
Inc. to Snug Harbor Seafoods, Inc.
MOTION:
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 21
Councilman Bookey MOVED to approve the Assignment of Lease Marked H-7a,
Substitute between Marvin Dragseth and Royal Pacific Fisheries, Inc. to Snug Harbor
Seafoods, Inc. Councilwoman Swamer SECONDED the motion and requested
UNANIMOUS CONSENT. There were no objections. SO ORDERED.
H-7-b.
Security Assignment of Lease -- Snug Harbor Seafoods, Inc. to
National Oceanic and Atmospheric Administration, National Marine
Fisheries Service, Financial Serv/ces Division.
MOTION:
Councilman Bannock MOVED to approve the Security Assignment of Lease between
Snug Harbor Seafoods, Inc. to National Oceanic and Atmospheric Administration,
National Marine Fisheries Service, Financial Services Division marked H-Tb,
Substitute. Councilman Frazer SECONDED the motion. There were no objections.
SO ORDERED.
ITEM I:
I-1o
b.
bo
ADMINISTRATION REPORTS
Mayor
Airport Maintenance Facility- Williams referred to the letter from the
State Department of Administration included in the packet which
notified the award of a $250,000 grant for the design and engineering
for the Kenai Municipal Airport maintenance facility.
Erik Hansen Scout Park- Williams requested admmistrat/on to
investigate the cost to pave the parking area in front of the park.
were no objections from council.
There
City Manager
Bierdeman Permit- Ross reported the Special Use Permit to allow Mr.
Bierdeman to remove trees from Section 36 could be extended for
another year and Bierdeman had requested the extension. He added, it
was administration's recommendation the extension be granted and if
council voiced no objections, he would proceed with the extension.
There were no objections from council.
Airport Welcome Sign - Ross noted at the last meeting it was
suggested a welcome sign be placed on the fire engine at the airport
while it was on the tarmac during plane landings. Ross stated, no sign
would be placed on the truck due to anticipated objections from FAA.
However, the truck would be parked in another location by the tower
and a welcome sign would be placed in another location.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 22
Dairy (~ueen Sale - Ross reported the sale was moving forward.
Several of the trees on the property would be felled for the buyer.
de
Watering- Ross reported he, Frates, Komelis and Elson discussed the
watering concern voiced at the last council meeting. He continued,
during the periods of dry spells and winds, it was not possible for the
sprinklers to keep up. However, they were investigating the possibility
of modifying the water truck to be used from a spraying position and
hand-held lines. Because during those times there are peak demands
on the water system, administration was investigating the development
of a permanent drafting station at the pond along Marathon Road which
would not use the city's water supply. This water would be available for
watering the green strips, as well as available for the Fire Department.
Ross added, if the pond meets the supply needs and replenishes itself,
the pond may be used for contractor permits as well.
Parks/h Recreation Department Personnel- Ross reported he did not
submit the request made by Frates for additional personnel during the
budget review, however would be re-evaluating the request during the
preparation of the next budget. He noted, the dip net parking, added
facilities, additional parks, etc. had brought this concern forward. He
added, he did not anticipate the budget changing for this fiscal year,
but he would be investigating a change for the next budget.
Ross stated he anticipated the use of the tank truck would help the
watering situation, however if there was another long dry spell, it may
still be hard to keep up with the watering.
Airport Piping- Ross reported he was continuing discussions with
DEC regarding the airport piping situation.
go
Measles Resignation - Ross stated he enjoyed working with Vice Mayor
Measles over the last 25-30 years he had known him and added, he
appreciated Measles' assistance.
Swarner asked if there was a tanker truck available for watering. Ross answered, the
tanker used for a spreader truck for dust control and grading had capabilities for
spraying. Putting on a hand-line for reaching further from the truck was being
investigated. He noted, chemicals had not been used on the truck; only water.
Swamer noted a pick-up truck for the Parks Department had also been requested
during budget preparations and asked if this would be re-evaluated in order for the
truck to be available at the beginning of the season. Ross stated, he was not
proposing any additions be made to this year's budget. He added, the Fire
Department's tanker truck would be addressed as a secondary back-up only as a last
resort. Ross added, administration believed modifications to the spreader truck
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 23
could be made within the current budget and the drafting station could also be
developed within the current budget. He added, ff the pond would recover, it would
be a good use of the resource and potable should not be used for watering situations.
Swarner agreed.
I-3o
Attorney- No report.
I-4. City Clerk
a. Industry Appreciation Day Donation- Freas referred to a letter
included in the packet from the Coordinator of Industry Appreciation Day. The letter
requested the funding included in the Legislative budget as donation to the event.
Freas noted the budget included $500 for the event.
MOTION:
Councilman Bannock MOVED to make the donation of $500 for the Industry
Appreciation Day event and Councilman Moore SECONDED the motion. There were
no objections. SO ORDERED.
Williams noted the picnic was scheduled for August 7.
b. Nominating Petition Availability- Freas referred to a copy of the
Nominating Petition availability notice which was included in the packet for council's
information.
I-5o
Finance Director- No report.
I-6o
Public Works- No report.
I-7o
Airport Manager- No report.
ITEM J: DISCUSSION
J-1. Citizens
Bob Peters-
a. Thanked Vice Mayor Measles on behalf of the public for his
participation on the council over the years. He stated he had always
been impressed by Measles' open-minded, honest, straightforward, and
not-too-easily-swayed demeanor. Peters added, it was unfortunate not
all the public was aware of what Measles had done for the city over the
years.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 24
b.
Coastal Trail/Bluff Restoration- Peters thanked the council and
administration for their foresight in dealing with a difficult problem. He
added, it saddened him to see how people treated the dunes, parks and
beaches when knowing how hard the city and citizens work to make it a
good place to live. Peters added, he was proud to live in Kenai and felt
the council works for him.
J-2. Council
Bookey- Bookey stated he would "miss the daylights out of' Vice Mayor
Measles. He added, there had been times Measles had made life hard for him and
times he made it easy. Bookey continued, the City of Kenai would miss him as well
and he wished the best of luck to Measles and his wife, Laura.
Swarner
a. Little League Field- Swarner questioned the campers parked at the
Little League fields. Ross noted signs would be placed stating no
camping allowed, however the area would be used for overflow parking
during the dip net season. He added, administration would continue to
insist there would be no parking on the roadway. Ross added, he didn't
believe the camping situation at the Little League field would be a year-
round situation and the signs may be taken down after the dip net
b,
Spur Highway Brickwork- Swamer noted the Parks & Recreation
Commission discussion about brickwork along the highway. Swamer
stated she would like to see that investigated because she didn't feel the
Parks & Recreation Department needed additional work to do. Ross
stated he requested Frates and Komelis to follow up on the suggestion.
Because the State didn't like the brickwork, the City of Soldoma took
over snow removE/maintenance due to potential problems and damage
during plowing. He added, they were also investigating placing asphalt
or concrete in that area as well. Ross noted, they would be contacting
the State and researching what would be allowable because the city
would want the State to do the work and continue with the plowing. He
added, whatever would be done the State's approval would be required.
C.
Airport Manager- Swamer welcomed Rebecca Cronkhite as the new
Airport Manager.
d.
Vice Mayor Measles- Swarner thanked Measles and added, she would
miss him and his expertise.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 25
Moo~
a. Vice Mayor Measles - Moore stated, at his first meeting as a council
member he was "scared to death" to sit next to Vice Mayor Measles. He
added, Measles had taught him a lot.
be
South Spruce Street Parking - Moore stated he believed the parking
lot at South Spruce was working out very well and stated it was a job
well done. He complimented Frates for the work done on the Little
League fields as well.
Williams
a. CIRCAC Letter- Williams referred to a letter included in the packet
from CIRCAC who requested a resolution in support of their planned
safety forum. He requested council's permission to bring a resolution
forward. There were no objections from council.
b. Brickwork/Spur Highway- Williams noted, it was not brickwork, but
concrete scored to look like brickwork.
C.
Vice Mayor Measles - Williams wished Measles good luck and thanked
him for his years of service.
Bannock- Bannock thanked Vice Mayor Measles for himself and his family
for all he had done over the years for the city.
Frazer -
a. Rebecca Cronkhite -- Welcomed .Cronkhite and congratulated her for
being an in-state hire, as well as returning to the area where she grew
up.
be
Vice Mayor Measles- Frazer thanked Vice Mayor Measles for his years
of service to Kenai.
Measles - Referring to his packet, Measles stated Laura had always given him
a bad time about the many packets he kept. However, Laura gave him
permission to keep the one from this meeting because it had a special message
from the Clerk. He read from the packet cover, "Balloons and corks and lots of
racket -- Cause this one is your very last packet!"
Measles thanked the past and present councils with whom he worked, the
present and past administrations, as well as the voters who allowed him to
serve the city for almost 20 years. Measles stated he and Laura would miss
Kenai but they wouldn't be very far away. He added, he would be back and
Kenai would always be home.
KENAI CITY COUNCIL MEETING MINUTES
JULY 21, 1999
PAGE 26
EXECUTIVE SESSION- None Scheduled
ITEM K:
ADJOURNMENT
There being no further business, Vice Mayor Measles adjourned the meeting. The
meeting adjourned at approximately 9'56 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
M emoranCtum
Date'
To'
From:
July 28, 1999
Richard Ross, City Manager ~'--
Klm Howard, Administrative Assistant
Assignment of Shore Fishery Lease-
ADL 32885 - Tract 7, Shore Fishery No. 71, T6N, R12W,
Attached is a request for approval of an Assignment of Shore Fishery Lease
for the above-described property to Aurora Holdings & Investments, LLC.
The lease states, "Lessee with City's prior written consent, which will not
be unreasonably denied, may assign for other than collateral purposes, in
whole or in part, its rights as Lessee hereunder."
The City Attorney has reviewed the agreements and has no objections.
The parties are current in all payments to the City and taxes to the
Borough. If Council approves the transfer, a Consent to Assignment of
Shore Fisher~ Lease agreement can be prepared for your signature.
Cc' David Lucas
Attachments
/kix
Aurora Holdings & Investments, LLC
David L. Lueas
P.O. Box 670812
Chugiak, AK 9956 7
July 21, 1999
City of Kenai
Land Manager Kim Howard
210 Fidalgo Ave. Suite 200
Kenai, AK 99611
Lease Rights for Tract 7, Shore Fisheries Plat No. 71, T6N, R12W, S.M.
Dear Ms. Howard,
Aurora Holdings and Investments, LLC, has purchased the commercial fishsite owned by
Lucas Family Parnership.
We wish to have the lease cited in the accompanying documem either transferred to us
(Aurora Holdings and Investments, LLC) for the remainder of it's duration, or have a
new lease issued for a full base term.
Please advise us if there is anything fimher we need to do to accomplish this.
Thank you,
David L. Lucas
Member Manager
SALE OF RIGHT TO SHORE FISHERY LEASE
A sale of right to lease by and between LUCAS FAMILY PARTNERSHIP,
(seller), and AURORA HOLDINGS AND INVESTMENTS, LLC., (buyer).
For good consideration, it is agreed by and between the parties that:
1. Seller hereby sells, assigns, transfers and delivers to buyer all of sellers rights in and to
that certain lease made between seller and the City of Kenai, for lease rights in that
certain premises known as TRACT 7, SHORE FISHERIES PLAT NO. 71, T6N, RI2W,
S.M.
2. Buyer agrees to execute a new lease for said premises with the City of Kenai.
3. The seller agrees to deliver possession to the leased premises to buyer upon execution
of the new lease. All rents and other charges accrued under the lease prior to execution of
the new lease shall be paid by seller and all rents and other charges accrued after the
execution of the new lease shall be paid by buyer.
4. This agreement shall be binding upon and inure to the benefit of the parties, their
successors, assigns and personal representatives.
Signed under seal this ~~day ofc~/.~,
1999.
Signed under seal this ,,o~ day of ~j~...,
1999.
LU-CAS F~MILY PARTNERSHIP
by: DONALD L. LUCAS
GENERAL PARTNER
N(~AR~i' ~;UBLIC . '
AURORA HOLDINGS AND ~.,o ........... ~' ~
INVESTMENTS, LLC. ?'-,Y..'"' '"".. ~
by: LAURA D. MACCABEE 2/ /'~O~~.~"t i
/¢G,m .p.: .......
/0 . ' ,':
COI~ EXP
AURORA HOLDINGS AND
INVESTMENTS, LLC.
by: DAVID L. LUCAS
I~O.,.~E P, MAi~AGER
C01~ l~ ~ '
ASSIGNMENT OF SHORE FISHERY LEASE
This assigm~ent is entered into between LUCAS FAMILY LIMITED PARTNERSHIP
and DONALD LUCAS, DIXIE LUCAS, DAVID LUCAS AND LAURA MACCABEE,
Individually, whose address is 310 Pacific View, Anchorage, Alaska 99515 (Assignor) and
AURORA HOLDINGS & INVESTMENTS, LLC, P.O. Box 670812, Chugiak, Alaska 99567
(Assignee).
Assignor does hereby assign and transfer all of their interest in the leasehold estate as
evidenced by that certain Shore Fishery Lease with the CITY OF KENAI as Lessor, recorded
June 21, 1996, at Book 487, Page 075, Kenai Recording District, and covering the following-
described property:
ADL 32885 -- Tract 7, Shore Fishery No. 71, T6N, R12W, S.M.
to Assignee to have and to hold the same from the date hereof, for and during all of the
remainder yet to come of the term of said Shore Fishery Lease.
Assignee agrees to comply fully with all the terms and provisions of the Lease, and to
hold the Assignor harmless from any liability arising thereunder.
IN WITNESS WHEREOF, the said Assignors have hereunto set their hand and seal this
day of ,1999.
ASSIGNOR:
LUCAS FAMILY LIMITED PARTNERSHIP:
By:
NalTle
INDIVIDUALLY:
By:
Donald Lucas
Assignment of Shore Fishery Lease - Page 1 of 4
By:
Dixie Lucas
-¸%
By:
David Lucas
By'
Laura Maccabee
ASSIGNEE:
AURORA HOLDINGS AND INVESTMENTS, LLC'
By:
NalTle
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of ,1999,
(Name), (Title), of the LUCAS
FAMILY LIMITED PARTNERSHIP, 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 partnership.
Notary Public for Alaska
My Commission Expires:
Assignment of Shore Fishery Lease- Page 2 of 4
STATE OF
JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of ,1999, DONALD LUCAS,
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.
Notary Public for
My Commission Expires:
STATE OF
JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of ,1999, DIXIE LUCAS,
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.
Notary Public for
My Commission Expires'
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of ,1999, DAVID LUCAS,
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.
Assignment of Shore Fishery Lease- Page 3 of 4
Notary Public for Alaska
My Commission Expires'
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of ,1999, LAURA
MACCABEE, 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.
Notary Public for Alaska
My Commission Expires'
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT
)ss
THIS IS TO CERTIFY that on this day of ,1999,
(Name) (Title) of AURORA
HOLDINGS AND INVESTMENTS, LLC., 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 limited liability company.
Notary Public for Alaska
My Commission Expires:
Assignment of Shore Fishery Lease- Page 4 of 4
l II ii · mil
I
ii i
ii
i i
ALASKA FLYING NETWORK
403 NORTH WILLOW NO. 1
KENAI, AK 99611
(907) 283-5700
August 1, 1999
City of Kenai
Attn: John J. Williams, Mayor
210 Fidalgo Avenue, Suite 200
Kenai, AK 99611-7794
Dear'Mr. Williams
I am writing concerning the City of Kenai's Personal Property tax on aircraft. It has come to
my attention that this 3.5-mil tax was considered to be unfair by the Borough, City of
Soldotna and most other cities on the Peninsula and was repealed in 1998, yet it continues to
be collected by the City of Kenai.
This simple tax that the city has continued to implement further discourages businesses and
personal aircraft owners from locating their property within the city limits. This in turn
reduces the cities collection of airport tie down fees and in the .case of businesses limits the
collection of sales taxes, which I feel is a far greater source of revenue for the City of Kenai
than the personal property tax that is imposed on aircraft.
In the interest of fairness, I ask you to reconsider Kenai's personal property tax and impose
an identical exemption that the residents and local businesses now have in the City of
Soldotna and in the Borough.
Sincerely,
Charles (Chip) Versaw
President, Alaska Flying Network
TED STEVENS, ALASKA, CHAIRMAN
THAD COCHRAN, MISSISSIPPI
ARLEN SPECTER. PENNSYLVANIA
PETE V, DOMENICI, NEW MEXICO
CHRISTOPHER S, BOND, MISSOURI
SLADE GORTON, WASHINGTON
~vllTCH McCONNELL, KENTUCKY
CONRAD BURNS, MONTANA
~ICHARD C. SHELBY, ALABAMA
JUDD GREGG, NEW HAMPSHIRE
ROBERT F. BENNETT, UTAH
BEN NIGHTHORSE CAMPBELL, COLORADO
LARRY CRAIG, IDAHO
KAY BAILEY HUTCHISON, TEXAS
JON KYL, ARIZONA
ROBERT C. BYRD, WEST VIRGINIA
DANIEL K. INOUYE, HAWAII
ERNEST F. HOLLINGS, SOUTH CAROLINA
PATRICK J. LEAHY, VERMONT
FRANK R. LAUTENBERG, NEW JERSEY
TOM HARKIN, IOWA
BARBARA A. MIKULSKI, MARYLAND
HARRY REID, NEVADA
HERB KOHL, WISCONSIN
PATTY MURRAY, WASHINGTON
BYRON L. DORGAN, NORTH DAKOTA
DIANNE FEINSTEIN, CALIFORNIA
RICHARD J. DURBIN, ILLINOIS
STEVEN J. CORTESE, STAFF DIRECTOR
JAMES H. ENGLISH, MINORITY STAFF'DIRECTOR
The Honorable John Williams
Mayor
City of Kenai
210 Fidalgo Avenue
Kenai, AK 99611
Dear John:
9 nited gStat $ tnat
COMMITTEE ON APPROPRIATIONS
WASHINGTON, DC 20510-6025
July 21, 1999
In an effort to assist the City of Kenai, I have included $2,000,000 for Volcano
monitoring in the Senate fiscal year 2000 Transportation bill. In addition, report language has
been included in the bill urging increased funding of volcano monitoring. This funding, and
another $3,000,000 included in the United States Geological Survey (USGS) budget, will protect
our traffic on the Peninsula if Mt. Redoubt or another volcano erupts.
I will continue to work to ensure funding for this project remains part of this year's
Appropriations bill. However, this is only the introductory phase. The bill must now pass both
the Senate and House of Representatives. The bill must then be agreed to in joint Conference
Committee with the House. The legislation then awaits the President's signature. Budget
constraints and possible Presidential veto threats make it impossible to predict the likelihood of
success, but we've cleared the first hurdle.
It was great to see you in Kenai. Glad we were able to work out funding for the
Challenger Center. I expect the Senate bill that will fund it will be considered by my committee
next week.
I will continue to keep you informed of the legislation's status. If you have any questions,
call me or your staff may contact Lisa Sutheriand or James Hayes of my office at (202) 224-
3471.
With best wishes,
')°L'~ S TEVE%S
Chairman
Committee on Appropriations
CITY OF KENAI
"oa 4
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907°283-7535
FAX 907-283-3014 ~
MEMO:
TO:
FROM'
THRU'
DATE:
SUBJECT'
Richard A. Ross, City Manager /'~ ~
Marilyn Kebschull, Planning & Zoning Administration' '
Jack La Shot, Public Works Manager (~
July 28, 1999
STREET ADDRESS PROJECT
The original street addressing for the city was based on the telephone company
addressing and maps. In most cases, every parcel was provided multiple addresses and as
a parcel was developed, an address was selected. The address books we currently use,
still show the multiple addresses. This makes it impossible to determine which is the
actual address. There currently is no database with City of Kenai street address
information available.
The Engineering Technicians have been working on a project over the last month to
verify addresses for each parcel in the City of Kenai. There are over 5000 parcels and
this requires a manual search of the address maps, building permits, Borough data, etc.
The address clarification is being completed as part of the 911 Addressing Project. Each
city is responsible for addressing within the city limits. When the addresses have been
verified, our data will be provided to the Borough.
There are discrepancies being noted. In some cases, addresses will require changing to
come into compliance with the city's code and to maintain consistency with adjoining
parcels. When the project is complete, a letter will be sent to each affected property
owner. We will notify the property owner of the correct address, which will be effective
immediately. The Post Office has been working with the City during this verification
process and after the notification, will forward mail for one year. Then, for six (6)
months mail will be returned to sender with notice of the correct address.
We are working diligently and attempting to change the least number of addresses
possible. I will keep you updated as the project progresses. We are hoping to finalize
this project within the next month.
Kenai Peninsula Youth Court, Inc.
Virginia Espenshade, Director
145 Main Street Loop, #146
Kenai, Alaska 99611
7/19/99
Richard Ross
Kenai City Manager
210 Fidalgo, Suite 200
Kenai, .alaska 99611
RE- Youth Court Appropriation, FY 2000
Dear Mr. Ross'
Telephone (907) 283-4017
Fax (907) 235-2202
D
1999
KENAI
On behalf of Kenai Peninsula Youth Court, I thank the City of Kenai for their continued financial
support of the Youth Court program. The City's FY 2000 allocation is especially appreciated given
the budget reductions imposed by the state legislature on Alaskan municipalities. By this letter
I request disbursement to KPYC of the FY 2000 appropriation. Please let me kno~ if you need
any further information in order to process this request..
Again, we thank the city of Kenai for their continued support.
Sincerely,
penshade
MAKE 22 PACKETS
COUNCIL MEETING DATE:
Mayor and Council
Fire Department
COUNCIL PACKET DISTRIBUTION
Attorney
City Manager
Finance
Police Department
Senior Center
Library
Public Works
Airport ,,~
Parks & Rec.
Engineer
Clerk
Taylor
Springer
K¢~ull
Kirr~
Clarion
AGENDA DISTRIBUTION
STP
Public Wks. Shop
Bldg. Maintenance
Bldg. Official
Streets
Dock
STP
Official Bulletin Board
Fax by computer to [see Microsoft Fax from printer list; Address Book; Contacts-.'
Agenda List:
Assembly Members Jon Little (Daily News/Soldotna)
KSRM (Attn: Dan Meeks) KVCC
Bill lies, HEA KDLL
Kenai Chamber of Commerce EDD
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 should be fa.xed as soon as possible after Noon on packet
day. Home Page documents (agenda, resolutions and ordinances for pubhc hearing) are
saved as HTML fries by each department to Clerk's HTML file. Place them there onto the
city's website from there as soon as possible.
Carol Freas
From:
Sent:
To:
Subject:
Carol Freas [cfreas@ci.kenai.ak.us]
Friday, July 30, 1999 2:30 PM
Deresa (Business Fax)
August 4, 1999 Kenai City Council Meeting Agenda
Microsoft Word -
Document3
eresa --
Please publish the following on Monday, August 2. Any questions, please contact me at 283-7539.
Thanks. Carol
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST 4, 1999
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www. ci.ke nai.ak.us
ITEM A:
CALL TO ORDER
3. ELECTION OF VICE MAYOR
ITEM B-
SCHEDULED PUBLIC COMMENTS (10 minutes)
,
Bill Popp/Julie Lipka- Alaska Challenger Learning Center of
Alaska/Gold Shovel Presentation.
ITEM C:
PUBLIC HEARINGS
o
Ordinance No. 1834-99 - Increasing Estimated Revenues and
Appropriations by $214,159 for Street Improvement Grants.
o
Ordinance No. 1835-99 - Increasing Estimated Revenues and
Appropriations by $7,946 in the General Fund for Library Computer
Equipment.
o
Ordinance No. 1837-99 -Appropriating a $1,500 Donation from the
Kenai Elks Lodge #2425 for Recreational Equipment.
°
Resolution No. 99-47 - Supporting the Endeavors of the Cook Inlet
Regional Citizens Advisory Council (CIRCAC) to Encourage Those With
the Ultimate Authority and Responsibility to Ensure that "Prevention of
Oil Spills in Cook Inlet Become One of their Highest Priorities.
o
Resolution No. 99-48 - Transferring $10,000 in the Airport Land
System Special Revenue Fund for Maintenance and Repair.
ITEM H:
NEW BUSINESS
,
Bills to be Paid, Bills to be Ratified
o
Purchase Orders Exceeding $2,500
°
Approval- Assignment of Shore Fishery Lease/ADL 32885, Tract 7,
Shore Fishery No. 71, T6N, R12W, S.M.- From Lucas Family Partnership
to Aurora Holdings & Investments, LLC.
EXECUTIVE SESSION- None Scheduled
ITEM K:
ADJOURNMENT
The public is invited to attend and participate. Additional information is available
through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at
httl~://www, ci.kenai, ak.us.
Carol L. Freas
City Clerk
Carol Freas
From:
Sent:
To:
Subject:
Carol Freas [cfreas@ci.kenai.ak.us]
Friday, July 30, 1999 1:22 PM
Amy Favretto (Business Fax); Bill Popp (Business Fax); Carey Restino (Business Fax); Dan
Meeks (Business Fax); Jay Barrett (Business Fax); Jim Elson (Business Fax); Jon Little
(Business Fax); Kathy Tarr (Business Fax); Sandra Ghormley (Business Fax); Tim Navarre
(Business Fax)
August 4, 1999 Kenai City Council Meeting Agenda
Microsoft Word -
Document2
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
AUGUST 4, 1
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.us
ITEM A:
.
2.
3.
4.
5.
CALL TO ORDER
Pledge of Allegiance
Roll Call
ELECTION OF VICE MAYOR
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}
Bill Popp/Julie Lipka- Alaska Challenger Learning Center of Alaska/Gold
Shovel Presentation.
ITEM C:
o
,
.
.
,
ITEM D:
o
2.
3.
4.
5.
PUBLIC HEARINGS
Ordinance No. 1834-99 - Increasing Estimated Revenues and Appropriations
by $214,159 for Street Improvement Grants.
Ordinance No. 1835-99 - Increasing Estimated Revenues and Appropriations
by $7,946 in the General Fund for Library Computer Equipment.
Ordinance No. 1837-99- Appropriating a $1,500 Donation from the Kenai
Elks Lodge #2425 for Recreational Equipment.
Resolution No. 99-47 - Supporting the Endeavors of the Cook Inlet Regional
Citizens Advisory Council (CIRCAC) to Encourage Those With the Ultimate
Authority and Responsibility to Ensure that "Prevention of Oil Spills in Cook
Inlet Become One of their Highest Priorities.
Resolution No. 99-48 - Transferring $10,000 in the Airport Land System
Special Revenue Fund for Maintenance and Repair.
COMMISSION! COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
-1-
.
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors & Convention Bureau Board
d. Alaska Municipal League Report
ITEM E:
MINUTES
1. *Regular Meeting of July 21, 1999.
ITEM F:
CORRESPONDENCE
ITEM G:
OLD BUSINESS
ITEM H:
NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
.
Purchase Orders Exceeding $2,500
.
Approval- Assignment of Shore Fishery Lease/ADL 32885, Tract 7, Shore
Fishery No. 71, T6N, R12W, S.M. - From Lucas Family Partnership to Aurora
Holdings & Investments, LLC.
ITEM I:
ADMINISTRATION REPORTS
.
2.
3.
4.
5.
6.
7.
Mayor
City Manager
Attorney
City Clerk
Finance Director
Public Works
Airport Manager
ITEM J:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- None Scheduled
ITEM K:
ADJOURNMENT
-2-