Loading...
HomeMy WebLinkAbout1999-10-06 Council PacketKenai City Council Meet ing Packet October 6, 1999 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER/5, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: . SCHEDULED PUBLIC COMMENTS (10 minutes) KT Peters -- KCHS Yearbook Staff/Request for Purchase of Advertising. ITEM C: . , PUBLIC HEARINGS Resolution No. 99-55 -- Confirming the Assessment Roll on the Crow Court Street Improvement Special Assessment District. Resolution No. 99-56 -- Adopting an Alternative Allocation Method for the FY2000 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. ITEM D' Xe 2. 3. 4. 5. 6. 7. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee -1- b, Historic District Board Kenai Visitors & Convention BureaU Board Alaska Municipal League Report ITEM E: , MINUTES *Regular Meeting of September 15, 1999. *Notes of September 20, 1999 Property Review. ITEM F: CORRF~PONDENCE ITEM G: le OLD BUSINESS Discussion -- Property Use Plans/Tract C, Daubenspeck Property; FAA Tract Property; FAA Football Field. ITEM H: Xe , , ITEM I: NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Discussion -- Dip Net Fishery/South Beach ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- Annual Evaluation of City Attorney and City Clerk. ITEM K: ADJOURNMENT -2- MAYOR'S REPORT OCTOBER 6, 1999 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOU~TED BY: SUBSTITUTE: H-2, Purchase Orders Over $2,500 -- Addition of purchase order to Wince-Corthell-Bryson for survey of Daubenspeck property ($3,100) FINANCE DIRECTOR CONSENT AGENDA None. MAYOR'S REPORT ~<~~~ z ~3o<O ~~o~~ ~~>z~ o ~~~~ z ~3§~oo< ~ n,- ~ZuJ 0 0 <~ Z ~3~ ~ ~~>z~ o ~~~~ z ~3o<O ~~o~° I think that we should have a street light at the comer of Linwood and Kaknu Way, because it is dark and not very many houses have lights on. Plus it is the only comer without a light. When we are walking to school we can't see moose or loose dogs or any other animals. Dear Council The Kenai Central High School Yearbook is in dire need of some funds. Along with other various fundraising tactics, the Kenai Central Yearbook staff is selling ads. It is imperative that we sell as many ads as possible to insure that this year's annual will be affordable for all families. At the cl~nging of the millennium it is extremely important that the students of KCHS, feel the support of the city. They are the future of Kenai. Attached you will find a price list with optional sizing. The ads may be designed by someone in your marketing department or our yearbook staff can design an ad for you. Any contribution you can make will be m~t appreciated. Thank you for your time, KT Peters 95~3 KENA/SPUR HIGHWAY KENAI, ALASKA 99611 (907) 283-2131 DOUBLE PAGE (2- 8 X lO PAGES) $21o.oo FULL PAGE (1. 8 X ~10 PAGES) $12o.oo 1/2 PAGE (8 X 5) $9o.oo 1/4 PAGE (4 X 5) $65.oo 1/8 PAGE (21 X 4) $4o.oo DOUB! E PAGE FULL 1/2 1/4 ADS MAY BE PURCHASED BY ANYONE... FRIENDS OR FAMILY. THE KCHS YEARBOOK STAFF WILL DO THE AD I.~YOUT ~ O1~~ IS NOT SillilY/I/ED. A FREE YEARBOOK WiLL BE GIVEN TO THOSE -~./}~RTISERS A DOUBLE PAGE SPEAD. Suggested by: Adminis~aton City of Kenai RESOLUTION NO. 9~-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CONFIRMING THE ASSESSMENT ROLL ON THE CROW COURT STREET IMPROVEMENT SPECIAL ASSESSMENT DISTRICT. WHEREAS,. a public hearing has been held on the final assessment roll for the Crow Court Street Improvement Special Assessment District; and WHEREAS, Council finds that the assessment roll is proper. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that' Section 1' The assessment roll attached to this Resolution is confirmed by the Council. Section 2' Assessments as identified on the assessment roll shall be levied against the properties in the Assessment District and are to be used to repay the general fund. Section 3' Payments shall be fixed over a five year period, with annual payments due beginning on the f~rst business day of October, 2000. Payments shall be delinquent if not received by the first business day of November of each year. Annual payments shall be in equal installments, including 10% annual interest. Delinquent installments will be charged a penalty of ten (10%) percent on the entire installment with interest accruing at the rate of 10% per year on the unpaid principal portion of the installment. Assessments may be paid in full without interest if received by March 3, 2000.. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of October, 1999. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: /~ (9/16/99) ld CROW COURT FINAL ASSESSEMENT ROLL Crow Court Street Improvement Special Assessment District Owner Lot # Parcel # Area S.F. Cook Inlet Housing I 04515129 7,996 Li nebarger 2 04515130 7,278 Cabrera 3 04515131 8,250 Morse & S haeffer 4 04515132 8,105 Jackson 5 04515133 8,086 Crow 6 04515134 8,250 Chapman 7 04515135 7,301 Frazer 8 04515136 7,996 % of Total 25% of Cost Assessment 12.64% $ 1,233.04 11.50% $ 1,122.32 13.04% $ 1,272.21 12.81% $ 1,249.85 12.78% $ 1,246.92 13.04% $ 1,272.21 11.54% $ 1,125.87 12.64% $ 1,233.04 63,262 100.00% $ 9,755.45 Total Cost of Project $ 39,021.80 MEMORANDUM TO: Mayor and Council Members FROM: DATE: Carol L. Freas, ~i~y_C.l,e/rk City of Kenai September 30, 1~)99 RE: CROW COURT ~ROVEMENT SPECIAL ASSESSMENT DISTRICT On September 3, 1999, the attached letter was sent certified, return receipt requested to those persons listed on the Crow Court Assessment Roll. A copy of the final assessment roll was included with each letter. To date, all but one green card was returned. The green card not returned was for the letter to Terry & Elluoise Linebarger. The letter was not returned. I have also attached a copy of the Public Notice which appeared in the Peninsula Clarion on September 7, 13, 20 and 27, 1999. As directed by the Kenai Municipal Code, anyone objecting to the assessment roll (and noted in the letter and the Public Notice) must object in writing prior to the council meeting at which the final assessment roll will be considered by council. To date, no written objections have been received. clf CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ September 3, 1999 Terry & Elluoise Linebarger 1005 Crow Court Kenai, Alaska 99611 Re: Parcel #04515130 A public hearing will be held at 7'00 p.m. on October 6, 1999 at the Kenai City Hall Council Chambers in the City Administration Building to hear objections to the final assessment roll on the Crow Court Street Improvement Special Assessment District. Lots to be assessed are listed on the attached Final Assessment Roll. At the public hearing, an owner of the property to be assessed shall have the right to present his objections to the assessment roll by showing errors and inequalities in the assessment roll and by submitting any reason for amendment and correction of the assessment roll. The regularity or validity of an assessment may not be contested by a person who did not file with the City Clerk a written objection to the assessment roll on or before October 5, 1999. The total amount of actual assessments against properties which you own is shown in the Final Assessment Roll. My intention is to ask the City Council to establish a five year payment schedule with 10% interest. The first annual installment would be due in October, 2000. As an inducement to pay earlier, I'll ask the Council to accept payments in full with no interest if received by March 3, 2000. Sincerely, Lawrence A. Semmens Finance Director LAS/kl enclosure CROW COURT FINAL ASSESSEMENT ROLL Crow Court Street Improvement Special Assessment District Owner Lot # Parcel # Area S.F. % of Total Cook Inlet Housing I 04515129 7,996 12.64% Li nebarger 2 04515130 7,278 11.50% Cabrem 3 04515131 8,250 13.04 % Morse & Shaeffer 4 04515132 8,105 12.81% Jackson 5 04515133 8,086 12.78% Crow 6 04515134 8,250 13.04% Chapman 7 04515135 7,301 11.54% Frazer 8 04515136 7,996 12.64% 25% of Cost Assessment $ 1,233.04 $ 1,122.32 $ 1,272.21 $ 1,249.85 $ 1,246.92 $ 1,272_21 $ 1,125.87 $ 1,233.04 63,262 100.00% $ 9,755.45 Total Cost of Project $ 39,021.80 CITY OF KENAI PUBLIC NOTICE A public hearing will be held on October 6, 1999 at 7'00 p.m. in the Kenai City Council Chambers in the City Administration Building to hear objections to the Final Assessment Roll in the Crow Court Street Improvement (Paving) Special Assessment District as follows: BOOK PAGE PARCEL 045 151 29 045 151 30 045 151 31 045 151 32 , 045 151 33 045 151 34 045 151 35 045 151 36 At the public hearing, an owner of the property to be assessed shall have the right to present his objections to the assessment roll by showing errors and inequalities in the assessment roll and by submitting any reason for amendment and correction of the assessment roll. The regularity or validity of an assessment may not be contested by a person who did not file with the City Clerk a written objection to the assessment roll on or before October 5, 1999. The Final Assessment Roll is on file in the City Clerk's office at 210 Fidalgo Avenue, Suite 200, Kenai. Publish: 9/7, 13, 20, and 27, !999. Suggested by: Admmistratm, City of Kenai RF~OLUTION NO. 99-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASICa,, ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY2000 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN THE COOK INLET FISHERIES MANAGEMENT AREA. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY2000 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Regional Affairs that the municipality suffered significant effects during calendar year 1998 from fisheries business activities; and WHEREAS, 19 AAC 34.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Community and Regional Affairs; and WHEREAS, 19 AAC 34.070 provides for the use, at the discretion of the Department of Community and Regional Affairs, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City of Kenai proposes to use an alternative allocation method for allocation of FY2000 funding available within the Cook Inlet Fisheries Management Area in agreement with all other municipalities in this area participating in the FY2000'Shared Fisheries Business Tax Program; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 1998 of fisheries business activity in the Cook Inlet Fisheries Management Area. Alternative Allocation Method: The program total allocation shall be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other part according to population. Resolution 99-56 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of October, 1999. ATTEST: JOHN J. WILLIAMS, MAYOR c'arol L. Freas, City Clerk Approved by Finance' (9/:23/99) kl Municipal & Regional Assistance Division P.O. Box 110800, Juneau, AK 99811-0800 Telephone: (907) 465-4750 · Fax: (907) 465-5085. Text Telephone: (907) 465-5437 Email: mrad@dced.state.ak.us · Website: www. dced.state.ak.us/mra/Home.htm Tony Know/es, Governor ~.' Dear Municipal Offida/: ~E-,D I ~ ~ : The Shared Fis~~ Bu, ines~ Tax Program was created by.' t~.~he: Leg-i~l~-~h~i~l~l-:. '.-; The purpose of this program is to provide for a sharing; of st~'-~n-'~X cuu~:2~ outside municipal boundaries with municipalities that have been effected by fishing industry activities. _This is the seventh year for this program. Munidpalities around the state will share.approximately $1,508,683 based on 1998 fisheries activity as reported by fish processors on their fish tax returns. The law that created this program requires that program funding be first allocated to fisheries management areas around the state based on the level of fish processing in each area compared to the total fish processing for the whole state. Then the funding is further allocated among the municipalities located within each fisheries management area based on the relative level of impacts experienced by each municipality. Details of how the program works are presented in the application under Program Description. Your community is located in the Cook Inlet Fisheries Management Area. The municipalities located in this area indude Anchorage, Homer, Kenai, Kenai Peninsula Borough, Kachemak, Seldovia, Seward and Soldotna. The FY 00 program total allocation to be shared within this area is $59,823.93. In fisheries management areas where the program allocation is greater than $4,000 multiplied by the number of municipalities in the area, program regulations provide for a "long-form" application. In your area the threshold value is $32,000 (8 municipalities x $4,000) and you ar~ therefore receiving; tim ttached Long-Form Application. We encourage your municipality to complete e FY 00 Shared Fisheries Business Tax Application as soon as possible. FINAL DEADLINE for submissions of applications is December 15,1999. The long-form application provides for a "standard" and an "alternative" method of funding allocation. Please note that proposals for alternative methods must be received by the department by November 1, 1999. If you have any questions about the program, or require assistance in completing the application, please call me at 465-4733. ~ Sincerely, Bill.Rolfzen ~ Program Administrator "Promoting a healthy economy and strong communities" KENAI AIRPORT COMMISSION SEPTEMBER 9, 1999 Kenai City Council Chambers Tom Thtbodeau, Chairman 7:00 P.M. '**AGENDA"' ITEM 1' CALL TO ORDER AND ROLL. CALL ITEM 2: AGENDA APPROVAL . . . ITEM 3' APPROVAL OF MINUTES- August 12, 1999 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5- OLD BUSINESS a, Discussion- Terminal Seating Update Discussion - Airport Regulations/Code Review ITEM 6: a. NEW BUSINESS Discussion- November Commission Meeting Date ITEM 7: AIRPORT MANAGER'S REPORT ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: a, b, INFORMATION ITEMS Kenai City Council Meeting Action Agendas of August 18 and September 1, 1999. Kenai City Hall Telephone Extension List ITEM 11' ADJOURNMENT KENAI AIRPORT COMMISSION SEPTEMBER 9, 1999 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. VICE-CHAIR HENRY KNACKSTEDT, PRESIDING ITEM 1: CALL TO ORDER AND ROLL CALL Members Present: Ron Holloway, James Bielefeld, Henry Knackstedt, Lucy Lorenzen, Dan Van Zee, Bob Favretto Members Absent: Tom Thibodeau Others Present: Airport Manager Rebecca Cronkhite, Assistant Airport Manager Keith Holland, Councilman Duane Bannock, Contract Secretary Barb Roper ITEM 2' AGENDA APPROVAL MOTION: Holloway MOVED to approve the Agenda. Motion' SECONDED by Favretto. There were no objections. Agenda was approved as presented. ITEM 3- APPROVAL OF MINUTES- August 12, 1999 MOTION: VanZee MOVED to approve the Minutes of August 12, 1999. Motion SECONDED by Holloway. There were no objections. Minutes of August 12, 1999 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE KEARD -- None. ITEM 5' OLD BUSINESS Discussion - Terminal Seating Update Cronkhite reported she contacted Wildwood Correctional Center and was informed they do not manufacture terminal seating. Cronkhite continued to state there was no big rush for such seating so she will continue to research other options. Knackstedt asked if there were any seats available from the Anchorage terminal. Cronkhite replied, the airlines usually take any seats that are being replaced. Favretto suggested all effort be given to keeping the Kenai Airport terminal as aesthetically pleasing as possible which may involve not scrimping on terminal seating. Cronkhite stated the only seating to be replaced was the waiting area and the existing seating will be placed in other areas of the terminal. Discussion - Airport R~Lml~tions/Code Review Knackstedt brought attention to the memo included in the packet from the Airport Manager regarding Airport code/regulation review. Cronkhite explained the City Council's request for a code review was not for editorial changes but for items which are outdated or causing a problem. Cronkhite recommended the Commission consider work sessions or special meetings to deal with editorial changes. Councilman Bannock added the City Council, in reviewing the Code, realized there were some sections that were in conflict with each other so it was determined that each section should be reviewed for possible conflicts and/or items that were outdated. Cronkhite reported Administration found three areas within the Airport code/regulations needing to be changed: Chapter 14.05.010, Landing Fees; KMC 21/15/010, Subleasing; and Chapter 15 which addresses off- airport car rentals. Cronkhite asked the Commission ff they wished to recommend the City Council review these sections of the Code. Landing Fees: Cronkhite noted the current landing fee at the Kenai Municipal Airport was $.25 per 1000 pounds of weight which was an extremely low landing fee compared to industry standard. Cronkhite continued, the Anchorage and Fairbanks airports charge $.46 per 1000 and that was the lowest they had been in ten years. ,Juneau and Ketchikan charge $1.65 per 1000. Cronkhite noted there may be some ramifications ff the landing fee was raised but there was a need to bring the fee more in line with industry standard. Cronkhite handed out information outlining the current landing fee and what it would be if the rate was changed to $.50 per 1000 pounds. Favretto asked when the landing fee was reviewed and/or changed last. Holland replied it was 1986. Knackstedt asked what Administration was recommending as a new landing fee. Cronkhite answered $.50 per 1000, which would still keep Kenai below industry standard. Bielefeld stated that $1.65 per 1000 was extremely high for the current carriers. Cronkhite explained the $1.65 fee was what Juneau and Ketchikan were charging and that it was never her intent to charge that much at the Kenai Airport. Favretto stated, since a change was being considered, perhaps a higher rate should be looked at as once the decision to change was made, it would be a long time before it was revised again. Favretto stated he AIRPORT COMMISSION MEETING SEPTEMBER 9, 1999 PAGE 2 drove around the Soldotna Airport and was surprised to see all the aircra_ft tied down there. Favretto wanted to know why the aircraft would be at Soldotna airport and not Kenai. Several explanations were offered and they included the wind in Kenai, lower fees, the T-hangars, less strict regulations and the fact that Soldotna was less commercial than Kenai. Bielefeld noted that most pilots in the area didn't like dealing with a tower and that could be another reason they tie down in Soldotna. Favretto asked how safe Soldoma Airport was. Bielefeld replied it varied, sometimes it was safe and other times hairy. Bielefeld continued, it was best to be scared when flying into Soldoma as that made a person more aware of the surroundings. Favretto thought perhaps a user survey would be helpful in determining how to get more business at the Kenai Airport. Discussion took place on airport safety and it was noted the FAA had a safety meeting scheduled for September 16. Bielefeld stated he thought the weight should be changed to 12,500 pounds rather than change the landing fee. Cronkhite stated too much detail would only confuse the issue and suggested it remain as simple as possible. Cronkhite reiterated that all Administration wanted was a recommendation from the Commission to go to City Council. Subleasing: Cronkhite stated the Code did not specifically say the Council would review subleases when in fact they do because of the individual lease contract language. Cronkhite continued, when this section is reviewed the Attorney may say this issue is covered by the individual leases. (~hapte~ 11~' Cronkhite stated there was no language in the regulation to address off-airport car rentals. VanZee asked why car rental companies were being targeted for off- airport fees since there were several other user groups utilizing the airport for the same purpose to include fishing guides, bed and breakfasts, etc. Cronkhite answered, the off-airport companies leave their vehicles at the airport for clients who fly in, including courtesy vans, tour buses, etc. Cronkhite added, no one business was being targeted. When asked how the fee would be handled, Cronkhite explained it would be done on an agreement-type system and the companies would be required to submit a report as the current on-site companies do. Holland stated, some airports even go as far as having outside auditors review various users. Cronkhite stated, Administration had to do business and she felt obligated to inform Council there were a lot of fees that could be AIRPORT COMMISSION MEETING SEPTEMBER 9, 1999 PAGE 3 collected. Bielefeld stated he would not be in favor of charging all sorts of extra fees as it would ultimately go back to the consumer and since they all pay taxes, this would be like a toll road between Kenai and Soldotna. It was noted that tax dollars were not used to run the airport. Holland pointed out the operation of the airport was funded by an enterprise fund and not the General Fund. Holland continued, the Kenai Airport was self-sustaining based on revenue generated and in the past few years it was necessary to take from the reserve funds because they came up short on the budget. Holland added, this was the mare issue that motivates and drives Administration to fred ways to make the enterprise fund break even. Holland stated the Airport was not in the business to make money but it is necessary to pay the bills. Discussion returned to the off-airport car rental companies being targeted for fees and not other users. Holland stated, language from other airports was borrowed to determine a fee. The language did not single out any individual business or enterprise but it gave the airport the authority to institute a system; whether it was a percentage-based or permit system. Favretto suggested the fee issues be tabled until more information on fee- based systems was available. Cronkhite stated, although there was no deadline to get recommendations to the City Council there was to the City Manager and requested some recommendations from the Commission; whether it be the first two items or just one. Discussion took place on making a motion on each item individually or to change Item 3, the off-airport car rental to off-airport users. Bannock stated no motions should be made until there were solid recommendations to be made to Council. MOTION: Favretto MOVED that the City Manager, Airport Manager, interested Airport Commissioners and existing carriers at the airport meet to discuss landing fees, weights, etc., and come back to the Airport Commission with the results in an effort to get more information. Motion SECONDED by Holloway. MOTION TO AMEND: Favretto MOVED to amend the main motion to read the City Manager, Airport Manager, interested Airport Commissioners and those entities affected by the fee changes meet to discuss landing fees, weights, etc. in an effort to get more information. Motion SECONDED by Holloway. There were no objections. SO ORDERED. AIRPORT COMMISSION MEETING SEPTEMBER 9, 1999 PAGE 4 VOTE ON MAIN AMENDED MOTION: HOLLOWAY YES LORENZEN YES FAVRETTO YF~ KNACKSTEDT NO BIELEFELD YF~ VANZEE NO THIBODEAU ABSENT MOTION PASSED. ITEM 6: NEW BUSINESS Discussion- November Commission Meeting Date MOTION: Holloway MOVED to changed the November meeting date to November 18, 1999. Motion SECONDED by VanZee. There were no objections. SO ORDERED. ITEM 7: AIRPORT MANAGER'S REPORT Cronkhite stated that instead of having the normal handouts included in the meeting packets, staff will hand them out at each meeting. The Enplanement and Float Plane Basin Activity reports were provided to Commissioners. Cronkhite stated she had been working with the National Guard unit at Kulis, Elmendorf Airforce Base, and the FAA control tower regarding the noise abatement program. She noted, they had some very positive meetings and a draft procedure would be available for review by September 13 or 14, 1999. Anyone interested in reviewing the draft procedure was asked to contact the Airport Manager's office. The City Council has approved the engineering and design for the warm storage facility at the airport. The facility will be FAA funded and built on a site next to the control tower. The facility will hold a fire truck and snow removal equipment. Crohkhite repo'rted the th-annual FAA mandated emergency exercise would be initiated on Friday, September 10. The full-scale exercise would involve most of the airport, the new fire training center and mutual aid agencies. Knackstedt asked if Kulis Air Guard was receptive to changes regarding noise abatement and did they offer any suggestions. Cronkhite replied that both the Air Force and Air Guard would basically do whatever they were asked to do as long as it was safe. Both entities were very willing to cooperate and work with Kenai in modifying their landing patterns, procedures, how they operate, etc. AIRPORT COMMISSION MEETING SEPTEMBER 9, 1999 PAGE 5 Cronkhite noted the control tower operation would be contracted effective October 6, 1999. Lorenzen stated that Servco, a service company out of California, had the contract. ITEM 8' COMMISSIONER COMMENTS AND QUESTIONS-- None. ITEM 9: PEI~ONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: I]~ORMATION ITEMS be Kenai City Council Meeting Action Agendas of August 18 and September 1, 1999 Kenai City Hall Telephone Extension List It was noted, at the September 1, 1999 Council meeting, funds were appropriated for additional testing of the jet fuel facility. ITEM 11' ADJO~MENT MOTION: Holloway MOVED for adjournment. were no objections. SO ORDERED. Motion SECONDED by VanZee. The meeting adjourned at approximately 8' 17 p.m. There Minutes transcribed and prepared by' Barbara Roper, Contract Secretary AIRPORT COMMISSION MEETING SEPTEMBER 9, 1999 PAGE 6 KENAI HARBOR COMMISSION MEETING SEPTEMBER 13, 1999 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN WILL JAHRIG AGENDA ITEM 1' CALL TO ORDER/k ROLL CALL ITEM 2: ITEM 3' AGENDA APPROVAL APPROVAL OF MINUTES July 12, 1999 August 9, 1999 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' REPORTS Director Dock Foreman Scrapbook Information ITEM 6- OLD BUSINESS ITEM 7: ao NEW BUSINESS ,, Discussion- Offer to Sell Fence and Lighting/Snug Harbor Seafoods ITEM 8' COMMISSIONERS COMMENTS/0UF~TIONS ITEM 9' INFORMATION Kenai City Council Action Agendas of August 18 and September 1, 1999. ITEM 10: ADJOURNMENT KENAI HARBOR COMMISSION MEETING SEPTEMBER 13, 1999 KENAI COUNCIL CHAMBERS 7:00 P.M. VICE CHAIRMAN TOM THOMPSON, PRESIDING ITEM 1' CALL TO ORDER/k ROLL CALL Vice Chairman Thompson called the meeting to order at approximately 7'02 p.m. Roll was taken as follows' Commissioners Present: Commissioners Absent: Others Present' Eldridge, Thompson, Wemer-Quade, Spracher, Clay and McCune. Jahrig City Clerk Freas and Public Works Manager Komelis ITEM 2' AGENDA APPROVAL MOTION: Commissioner Wemer-Quade MOVED to approve the agenda as presented and Commissioner Spracher SECONDED the motion. There 'were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES 3-a. July 12, 1999 MOTION: Commissioner Clay MOVED for approval of the minutes as presented and Commissioner Wemer-Quade SECONDED the motion. There were no objections. ORDERED. SO 3-b. Au~st 9, 1999 -- No action taken as there was no quorum. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5' REPORTS 5-a. Director -- Komelis reported activity at the dock had slowed down, however some fuel was still being sold. He noted there were some people using the facility to go hunting and fishing. Only one float was remaining as the rest were pulled. It was anticipated the remaining float would be pulled the end of September. Komelis also reported the restrooms had been closed for the winter and the water turned off at the dock. Fuel would be sold until the end of September. Dock Foreman-- No report. 5-c. Scrapbook Information -- Wemer-~uade reported she requested Komelis to supply her with copies of the photos used by Petratrovich, Nottingham as Drage during their coastal trail/bluff restoration presentation. She also requested the commissioners continue to submit pictures for the scrapbook. Wemer-Quade reported she contacted Mrs. Jackson at Mt. View Elementary School in regard to participating with the Fish & Wildlife Service's Shorebird Project. Jackson will have to purchase the curriculum at a minor cost. Wemer-Quade stated she was looking forward to seeing the project through during the school year and she hoped by the end of the year, Kenai would be able to become a sister city for the shorebirds. Wemer-Quade also reported the safe boating brochure project didn't go forward this summer. She noted the consensus of the Commission was they wanted to be part of the project. Wemer-Quade noted she would be the contact person for the project and looked forward to the project going forward next year. ITEM 6: OLD BUSINESS Commissioner Eldridge suggested the Commission continue its efforts in finding an appropriate site for a drift boat launch along the Kenai River. He stated he felt the potential of placing a launch should be investigated as well as the possibility of incorporating a launch at the proposed Birch Island park. McCune agreed the Cunningham Park infrastructure could not accommodate a drift boat launch and added, he thought Birch Island would be an appropriate site. Eldridge reported the Kenai Sportfishing Association was very interested in placing a drift boat launch on the river. He suggested there were other properties further downstream from Birch Island that might be used for a launch if the state was not interested in using the Birch Island area. Eldridge stated he thought the project should be pursued. Clay agreed and stated he thought the State would soon become aware the fiver would go to drift boat use only. If the city can coordinate with the State in placing a launch, it would be good for the citizens of the area for their use as well as tourist use. Thompson asked if the council had comments on the Commission's recommendation in looking for other property for a drift boat launch and not using Cunningham Park. Komelis answered, the council agreed with the Commission's recommendation. Eldridge suggested the Commission should identify other vacant land and request a representative from State Parks attend a Commission meeting to discuss their plan for Birch Island and consider modifying their plans to include a haul-out at Birch Island. Komelis stated he would contact State Parks. Thompson requested the discussion be included on the October meeting agenda. HARBOR COMMISSION MEETING SEPTEMBER 13, 1999 PAGE 2 ITEM 7: NEW BUSINESS ,,, Discussion - Offer to Sell Fence and Lighting/Snug Harbor Seafoods Komelis reported he miscalculated the information in his memorandum which was included in the packet. On further investigation, he found the fence did go all the way around the property and was approximately 720 feet in length. Also, there were four gates (two 20-foot, one ten-foot, and one three-foot personnel gate). He added, there was also approximately 400 feet of underground electrical work and three lights. Komelis stated he calculated the value of the fencing, gates and lighting at approximately $10,000. Eldridge asked if the contract with Snug Harbor included requirements that improvements be left with the property. McCune suggested that since the city released Snug Harbor from the rental contract, the city should request Snug Harbor to donate the improvements to the city. The city would then give a receipt for the donation for Snug Harbor's tax purposes. McCune added, he didn't think the improvements were worth $10,000 of public funds. Eldridge stated he was surprised the contract did not include requirements that improvements stay with the city. He noted his agreement with McCune that since Snug Harbor was released from the contract without penalties, it would be appropriate for Snug Harbor to donate the improvements to the city. Komelis reported the contract did not stipulate improvements remain with the property. He added, the contract stated the fencing was to be removed at Snug Harbor's expense. He noted, he requested Snug Harbor to wait on removing the fencing until after he discussed the matter with the Cora_~ission. Komelis added, there was some discussion that R&J, the new lessees, were wanting to operate a storage yard as well. McCune stated, if R&J wanted to operate a storage yard, the expense should be theirs(for the fencing, etc.). He added, he believed the city worked fairly with Snug Harbor and didn't believe it would be a good purchase for the city. MOTION: Commissioner McCune MOVED for administration to approach Snug Harbor with the possibility of them donating the improvements on the existing boat yard and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 8: COMMISSIONERS COMMENTS/QUESTIONS Thompson -- Asked how the public hearing on the coastal trail/bluff restoration project go. Komelis reported it went well. APproximately 25 people attended and were HARBOR COMMISSION MEETING SEPTEMBER 13, 1999 PAGE 3 very receptive of the project. He noted there were some comments from the EPA representative who was mainly concerned of the impact to the area if a breakwater was placed and Nottingham stated it was a top priority in their study as they were very concerned about the dunes, the beach road, etc. Komelis also reported notification of the public hearing was mailed to approximately 400 people and there were also newspaper advertisements. McCune -- Stated he had not talked with anyone who didn't believe the project would be a benefit to the city. Eldridge -- Stated he believed EPA wanted to be sure all the bases are covered and the project is not rushed. Werner-(~uade -- Congratulated Komelis on the Waste Water Treatment Plant's receipt of the first Safety & Health Achievement Recognition Program Award from the State. Komelis gave credit to the plant employees and explained the award recognized the employees' efforts to go well beyond the OSHA regulations. He added, the city's plant is to be a model in the state. Kornelis -- Noted he would include a Dip Net Fishery Findings report in the next packet for the Commission's review. He noted the information was compiled by Lt. Kohler and included cost information to the city (approximately $20,000) and income from the parking receipts (approximately $50,000 from the dock and South Spruce Street). ITEM 9: INFORMATION , , -ao Kenai City Council Action Agendas of August 18 and September 1, 1999. TEM 10: ADJOURNMENT It was noted the next meeting was scheduled for October ! 1, 1999. MOTION: Commissioner Clay MOVED to adjourn and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:34 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING SEPTEMBER 13, 1999 PAGE 4 William L Clay 514 Over land Ave. #32 Kenai, AK 99611 Honorable John Williams City of Kenai Mayor 210 Fidalgo St. Kenai, AK 99611 ~ · i SEP 2 21999 September 22, 1999 Your Honor, Please accept this letter of resignation for my position on yourYHarbor Commission. I have accepted a position as head of purchasing for Sewards Ship s Drydock in Seward, AK. My relocation to Seward is effective on October 01, 1999. I Thank you for giving me the opprotunity to serve in this advisory position. My sincere regret is that I will not be able to be a part of the Kenai Trail. Be comforted with the idea that I will follow your good city's progress in this city improvement. Respe~ully, '"MSC, CITY OF KENAI PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS September 22, 1999 - 7:00 p.m. http://www.ci.kenai.ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: September 8, 19'99 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: a. PZ99-3~CondifionE Use Permit (Retail Store- Bookstore) for the property described as Lot 1, Quality Acres (109 Birch Drive), Kenai, Alaska. Application submitted by Maureen Van Sickle, 109 Birch Drive, Kenai, Alaska. b. PZ99-35~A resolution of the Planning & Zoning Commission recommending to the Council of the City of Kenai chan~ing certain existing street names. 5. NEW BUSINESS: a. PZ99-36--Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 (412 Frontage Road), Kenai, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. b. Proposed Livestock Ordinance--Discussion 6. OLD BUSINESS: 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borou§h Plannin§ c. Administration 9. PERSONS PRF~ENT NOT SCHEDULED' 10. INFORMATION ITEMS: 11. COMMISSION COMMENTS/h QUF~TIONS: 12. ADJOURNMENT: CITY OF KENAI PLANNING/k ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS SEPTEMBER 22, 1999 - 7:00 P.M. CHAIRMAN CARL GLICK~ PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7'00 p.m. 1-a. Roll Call 1-bo Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry Others Present: Agenda Approval Administrative Assistant Marilyn Kebschull, ContraCt Secretary Barb Roper MOTION: Goecke MOVED to approve the agenda requesting the item handed out before the meeting be added and asked for UNANIMOUS CONSENT. Motion SECONDED by Erwin. There were no objections. Agenda was approved as presented. 1-c. Approval of Minutes: September 8, 1999 MOTION: Erwin MOVED to approve the Minutes of September 8, 1999 and asked for UNANIMOUS CONSENT. Motion was SECONDED by Goecke. There were no objections. The Minutes of September 8, 1999 were approved as written. 1-d. Consent Agenda - None ITEM 2: SCHEDULED puBLIC COMMENT - None ITEM 3: CONSIDERATION OF PLATS - None ITEM 4: PUBLIC HEARINGS -ao PZ99-34~Conditional Use Permit (Retail Store - Bookstore) for the property described as Lot 1, quality Acres (109 Birch Drive), Kenai, Alaska. Application submitted by Maureen Van Sickle, 109 Birch Drive, Kenai, Alaska. MOTION: Nord MOVED to approve PZ99-34. Motion SECONDED by El-win. Staff Comments: Kebschull indicated a correction was required in staff comments that were provided to the Commission. She explained, Page 2 stated the property as zoned Suburban Residential on one side and one side in the rear as General Commercial. Kebschull reported the property as zoned Suburban Residential on all sides. Public Hearing: Verbatim Begins' Glenna Swearingen, 107 Birch Drive, Kenai, Alaska- I'm going to read this because I'm not good at speaking in public. I'm not in favor of the proposal... eh.. the proposed bookstore next to my home. The proposal says the value of the adjoining property will not be significantly impaired. On paper that may be true but if I was going to buy a home I would not buy one next to a business. What is insignificant to you may very well be very significant to me. The proposal says the proposed use will not be harmful to public safety. It is sometimes extremely dangerous to back out of one's driveway on Birch Drive, which is what the proposed customers of the proposed bookstore would doing. In fact I have taken to backing into my driveway after a couple of close calls. I will also point out that my daughter's car was hit and totaled while parked at the curb in front of my house a couple of years ago. The traffic on our street is constantly increasing. The proposal says the public welfare will not be harmed, I say I am part of the public and I have already experienec.., experienced the slamming car doors, Maureen's dogs barking at customers, cars parked in front of my house and so forth when she has her frequent garage sales. When that is to be multiplied by five days a week or more, it will surely be unpleasant. If one can't find peace in their own home where is one to find it? I'm asking you to vote against Maureen Van Sickle's Conditional Use Permit. If this permit is issued in spite of my objections I would ask you to consider the following request: the business be limited to week days only, no Saturday hours. I ask that if she has a sign, it be no larger than 4'x 4' and placed as far from my property line as possible. On the north of her proposed parking area to be paved next summer. I ask that if she has a sign and chooses to elim... PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 2 illuminate said sign, it be turned by 10 p.m. I acknowledge the street is a public area but I ask that her customers not be allowed to park in front of my home. Thank you for listening. Verbatim Ends. Public Hearing closed. Kebschull noted it was verified with the Building Official that the garage does have an access door so a building permit w/Il not be required. Glick, referencing the letter of support provided prior to the meeting, asked what the author's physical address was. Kebschull replied that information was not available. Bryson concurred with the concern of parking because kids play in the area and the problem deals with visibility. Curbside parking has a potential of being a problem. Bryson continued, the speed limit is 25 mph in that area but 30 mph is more typical because the visibility is straight on and it encourages faster movement. Bryson added he was generally opposed to commercial encroachment in that area mostly because it is somewhat sensitive in that there have been multiple problems with lots not being cleaned. Nord asked for clarification on the hours of operation. It was confkmed the hours would be noon to 6'00 p.m. VOTE BRYSON NO El/WIN NO GOECKE NO NORD NO NEWBRY NO GLICK NO MOTION FAILED. Kebschull advised the applicant of her right to appeal the decision in writing to the City Council within 30 days. 4-b. PZ99-35~A resolution of the Planning lk Zoning Commission recommending to the Council of the City of Kenai changing certain existing street names. MOTION: Goecke MOVED to approve PZ99-35. Motion SECONDED by Newbry. No public comment. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 3 Staff Comments: Kebschull noted this was the end result of the mapping and address project. Kebschull pointed out that some of the changes just added a direction designation because if these were not added then several more addresses would have required changes. Bryson, referencing the Tinker Lane to Swires Road change, asked if Hollier Subdivision was off of Beaver Loop Road. Kebschull answered that it was. Bryson asked for clarification that the alignment out there was also Tinker Lane, making made two streets with that name. Kebschull confirmed that was correct. Bryson expressed concern with changing Tinker Lane to Swires Road since there was no likelihood of a connection ever to be made to the existing Swires Road and because it could cause confusion to the 911 system. A lengthy discussion ensued regarding the various street name changes and Bryson reiterated his concern of a different street name for emergency response purposes. PZ99-35 was postponed pending further information from staff. Kebschull requested that if anyone had a suggestion for a name they contact her. Kebschull also pointed out the name "Hollier" was already used in another location. ITEM 5: NEW BUSINESS -a. PZ99-36---Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 {412 Frontage Road), Kenai, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. Nord reported her son is an employee of the applicant and stated she would abstain if the Chairman determined a conflict of interest existed. Glick confirmed that Nord's son did not live at home and there would be no monetary gain for Nord regardless of the decision, therefore, no conflict existed. MOTION: Nord MOVED to approve PZ99-36. Motion SECONDED by Erwin. Staff Comments: Kebschull reported the application for a landscape site plan brought to surface the many problems and complaints staff received from area residents regarding storage of miscellaneous materials. Kebschull continued, the Code stated a parking area could not be used for storage but when it was brought to the applicant's attention he stated he converted the parking area to storage but still had sufficient parking by Code. This issue brought up an opportunity for the Commission to look at the lot to determine if some PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 4 landscaping could be required which would perhaps alleviate some of the public's concerns. Kebschull added, from what staff could see, there was no landscaping on the lot and Code did allow up to a maximum of five percent. She noted, staff recommended a minimum screening of the canopies the applicant was requesting or consider fencing. Kebschull reported there were concerned individuals in the audience who would like the opportunity to address the CommisSion. Glick pointed out this was not a public hearing. Bryson requested the public be permitted to speak to the issue. Verbatim Begins Pat Porter, 116 Deepwood Ct., Kenai, Alaska (Prior to giving her statement, Porter handed out photographs she had taken on September 22 on the lot in question.) My name is Pat Porter and I live at 116 Deepwood Court, here in Kenai. Ah, I'm not here to discourage Mr. Mellish's business within the City. I'm here to encourage a positive outcome to the problems his expanding business is creating. I used to drive on Frontage Road daily to my place of employment. During the first years of his business activity and the outside of the appearance didn't bother to much, however, as his business has grown and more and more items appear on the site. When the airplane engines appeared I became more concerned about the actual purpose of the business and if it was meeting the commercial code. I contacted the City Hall to explore this issue. I was told he was within the code ordinance but th.. they had had numerous complaints regarding the outside appearance of the building. Kenai is a growing community in which many pe... business people have made efforts to improve their exterior building appearance. Since my arrival in 1969 this town has improved its business um... area tremendously. When you notice a business which continues to pile on outside items and be an eyesore, you wonder if the zoning code needs to be reviewed because it appears as if the City is unable to do anything about what he's storing on his property. His request to erect the roof area I feel will not add to the ambiance of the area or to contribute a professional appearance to the surrounding businesses are striving to obtain. I requested a copy of the code and attempted to review it. I also want you all to know it's very first time I ever read it and I found it very cumbersome to find an area which disallowed the business and I thought.., well good, this will work only to go a few more pages over and find out that it was included somewhere else. So I understand where Mr. Mellish is coming from that he appears as if he thinks he has the right to do that. I would suggest he consider expanding his building in an L-shape manner which with.., with large garage doors on the exterior. He could then storage everything in the parking lot within. This would help to solve his storage problem. Putting up the roof area, which he PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 5 says will be used for parking, I'm afraid will be used to cover his items waiting for repair. The... act.., actually no other businesses that I know of provide cover parking for their customers. The parking area on the diagram is 'currently where his large storage van is located. He actually put that that would be parking. It is not parking, there is a huge storage van there. Will this van be permanently removed off of the premises or relocated on the property? It clearly states he will use it for parking. The Code does state that commercial businesses shall not have an adverse affect upon nearby properties. I suggest to you it does. I have been in the beauty shop many times when the noise level is extreme from the work being completed. I understand where Mr. Mellish is coming from that.., from what I could determine he is appears to be within the current code ordinance. His business is growing and he is.. and he has no where else to go other than the parking lot for storage. I want you to notice in the pictures that I sent around that there is a vehicle and a trailer now... doesn't fit on the. parking lot so it's now in the street and Someone has gone by two weeks ago and broke the windows and the glass re.. still remains on the street. So, you know, he does have a tremendous storage problem, he's not really addressing it. He's merely planning to try and ah, make a quick fix. I would encourage Mr. Mellish to be concerned about the appearance of his business and be a friendly neighbor to the businesses around him. If this problem is not solved with a solution it will continue to escalate, it's not going to get any better. So... that's all I have to say, any questions? Glick: Any questions of Ms. Porter? Porter: Good. Glick: speak? Okay, thank you. Okay, anybody else in the public then would like to Nate Kiel, 404 Lawton, Kenai, Alaska- Hi, Nate Kiel, 404 Lawton, Kenai. Urn, I just... I~ll keep this short, I think Ms. Porter did an excellent job of summing up the arguments against this proposal. Ah, I've personally lodged complaints over the last couple of years against the activity that's taking place on Mr. Mellish's ah, business site. Ah, I question whether or not there really is nothing that the City can do within the Code that is set up. It seems to me ~hat things are really being stretched. As I read into the Code that outside storage of junk, and I'm quoting ah from 14.20.050 h, where it says, ah, outside storage of junk cannot withstanding the provisions of this section, no junked vehicle or junk shall be stored outside and no unenclosed junk or wrecking yard shall be maintained in a location which is visible from a City or State road in any zone. However, the Commission may grant a Conditional Use Permit under the procedure in the chapter allowing said use to continue for a specific period of time. (inaudible) and 8' high site obscuring fence of good appearance has been provided which I think that right there addresses the issue. Um, there are oil PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 6 drums, ah, ah, engines, ah, vehicles without wheels, ah, I mean, items that are not temporarily parked there include a 40' trailer which has been there for over 2 years. Which to my knowledge has never been moved not even for a day. Um, so, I don't know exactly what we can do within the Code but I would strongly encourage the City to take a look at this. Um, and as a long time Kenai resident and business ah, owner of businesses in the City of Kenai, I think it's not only ah, detracting from the business adjoining Mr. Mellish's property but also to the City businesses ah, in general. I~ll leave it at that. Thank you. Glick: All right, any questions? Okay, thank you. Kiel: Yeah. Glick: Anyone else wishing to speak to the item? Mark Norgren, NHN Poppy Lane, Soldotna, Alaska- My name is Mark Norgren, I reside ah, NHN Poppy Lane in Soldotna and ah, ah... I'm not quite as prepared as ah, Mrs. Porter and Mr. Kiel, it's homecoming week in Soldoma so ah... week's been kinda hectic here. But I also want to §o on record in opposition of ah, of ah, PZ99-36 and I have some §eneral questions ah, for the Commission. With all due respect, I also have been concerned about the activities next door. I'm part owner in the business that ah, ah, with.., with Mr. Kiel and our wives in the beauty industry and it ah... is ah... is a very co.. ah..mm, large concern of our in terms of it detractin§ from our business. Um, we have attempted to... to speak with Mr. M ellish in a... in a professional manner ah... to try to resolve these issues on a... on a... on a lower scale ah, than this certainly and ah, that's why I prefer to do business. Unfortunately, we don't seem to §et any many results. The fact, you could say urn.., it seems to be §oin§ quite the contrary. I have some general questions that I'd like you to ah... to think about and eh... in making your decisions so over this whole issue and I think it is a larger issue than the one in front of you tonight in terms of just ah, this particular report. I find it interesting in your staff's report that they speak about numerous complaints and in what the.., what the Commission is doing to address those complaints and I guess I would like to hear um.. wha.., what your plans are in res.., eh... resolving some of those complaints. Um... first of all, in terms of... of... of what's presented in... in front of your this evening. The intent of the canopies. Ah, I find that interesting ah... ah... it seems that ah, to me the.., the intent is somewhat hidden here but that's my personal opinion. Um, I... I would also ah, like the Commission to look at ah, possible Code violations in re... in ah, in regard to the canopies matching the existing structure that's on I... on site ah, maybe some other issues might be the whole idea of the outside storage Mr. Kiel spoke to the Code, he cited the Code, Um... it seems to me that that's definitely in violation. It seems that ah... PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 7 the area is zoned General Commercial and ah, as Ms. Porter said ah, "prevent any uses which would have adverse affect upon nearby properties," I can tell you that.., that we feel it... in... in our business. We feel it, we're.., we're neighbors and ah, we like to be good neighbors but that's kind of a reciprocal deal and.., and that's kinda where we're at. Um, also the idea of landscaping, earlier this.., this summer we spent hundreds of dollars and hours trying to landscape ah, with the Navarre's in terms of our business to make the appearance of our business fit into the whole Kenai atmosphere and we... we like to think ah, of Kenai, the City of Kenai as a... as a very pretty town and ah, we want to be a part of that. We're here for the long term, our business is here for the long term and we want to be a part of your business community and ah, I would ask that you consider ah, all those ah, all those issues in... in resolving this one and again, and I think it's larger issue than the one in front of you and.., and would ask you to... maybe a look.., look at it a little ah, little closer. Thank you. Glick: Ail fight, thank you. Any questions of Mr. Norgren? Ail right. Nord? Ms. Nord' How long have you had your business in that (inaudible- microphone not on) Norgren' Ah, almost two years. When the.., when the.., when the building ah, burned down.., initially ah, and when he built it back, we moved in. So it's... itel be two years coming up in November here. Glick: Okay, anyone else in the public wishing to speak? Bryson: I have a question for Mr. Norgren? Glick: Sure. Bryson' Ah, Mr. Norgren, were your partners part owners in the building that burned down? Norgren' Ah, no Sir. Bryson: You weren't partners. Who were the other owner's names? Goecke: The ah, the people that owned the building when it burnt are the same owners of the building today and that's George and Mike Navarre. Bryson: Thank you. Glick: Okay, any other questions? Thank you. Norgren: Thank you. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 8 Glick: Once again, anyone else wishing to speak to this item? Okay, more discussion. Verbatim Ends Goecke stated that prior to the fire he was in the same location the Kiel's and Norgren's are in at this time. Goecke stated he also had gone to staff regarding concerns with the property. Goecke indicated he was for any measure to make Mellish clean up. Goecke added that taking staff's recommendation to enclose the area might be workable. Goecke said he also had conversation with Mellish regarding the area when he was next to the business and it worked for a short period of time but it didn't take long to be back in the current condition which gets progressively worse. Glick asked staff if PZ99-36 could be postponed until the next meeting in order to have Mr. Mellish come back with a plan to show fencing or something that would satisfy the concerns. Kebschull replied it was within the Commission's right, however, the Code was non-specific in defining landscaping. Kebschull recommended the Commission require landscaping to help clarify the issue. Kebschull continued, she asked the City Attorney about the recommendations and he indicated it was within the Commission's means to do so. Kebschull also wanted to clarify Mr. Kiel's concerns about the section of the Code to which he was speaking. Kebschull noted she had the same concern and thought that section of the Code could be used but the City Attorney clarified the Code was only for non-conforming uses. Non-conforming uses were those uses which were in effect before the Code went in and they were no longer allowed within a zone. Kebschull added, the City Attorney did say that if the materials stored over there could be determined to be junk, then another section of the Code could require that it be cleaned up. But in Mellish's business, he could probably make the case that the material was necessary for his business. Bryson asked if the airplane engines currently stored on Mellish's property were originally stored on Strawberry Road. Kebschull answered, that was the information she received but also nOted it was hearsay. Goecke indicated that Mellish owned the building and asked if the grass strip could be considered as part of the five percent. Kebschull thought the area was considered a right of way and not part of his property. Bryson confirmed that Mellish owned the building and a portion of it was being used for the business. Bryson asked if the tract was subdivided into different sub-units of the building. Kebschull replied, Mellish leases or rents the spaces. Bryson asked how large the lot was. Kebschull replied, the information from the new GIS program stated the lot as .4 acres. Kebschull added, Mellish could PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 9 own the other buildings and it could be something that needed consideration. Bryson also asked staff if the City Attorney thought a site-obscuring fence was a viable option and would it only need to accommodate the outdoor storage and not address the entire lot. Kebschull replied, she told the City Attorney what her recommendations were and he did not say the fencing was not appropriate but she would not want to go so far as to say that he said that was a solution. Bryson asked if the entire area behind the building was used for just Mellish's own personal activities. Kebschull thought all the material stored in the area belonged to M ellish. Nord thought the Commission had a real dilemma because a landscape site plan was to be considered and she didn't think a fence could be considered landscaping or whether it would fit the intent of the Code, which was to protect the health, safety and welfare of the citizens. Nord continued, after looking at the photographs provided by Porter, she just couldn't see an opportunity for Mellish to put in actual green landscaping in the area because of all the pavement. Bryson noted he was not in favor of approving the landscape site plan as submitted but he would be amenable to having Mr. Mellish propose something. Glick agreed with Bryson and pointed out that no landscape plan was submitted with the application, so it would be difficult to approve a plan that didn't exist. The Commission agreed the item should be sent back with a request for a detailed landscape plan. Kebschull asked if the Commission would like Mellish in attendance to present his plan. Glick answered yes, as he would then be available to answer questions. Bryson stated the issue could also be discussed in a work session as it could be handled more casually. The Commission agreed to discussing the issue in a work session. MOTION: Bryson MOVED to postpone PZ99-36. objections. SO ORDERED. Erwin SECONDED. There were no 5-b. Proposed Livestock Ordinance--Discussion Kebschull stated she ran a query on the new GIS program to highlight the lots within the City that were equal or greater than three acres. Kebschull noted there were several larger lots that are split-zoned. After a lengthy discussion regarding the livestock ordinance, it was decided the item would go to a work session in order to discuss certain criteria and PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 10 problems which may affect the entire city. The work session would be held prior to the next scheduled meeting and two issues would be discussed; PZ99- 36 and the Proposed Livestock Ordinance. ITEM 6: OLD BUSINESS - None ITEM 7: CODE ENFORCEMENT - None ITEM 8: REPORTS 8-a. City Council- No report 8-b. Borough Planning Bryson stated a meeting was held on September 13, 1999 and part of the meeting was held in the early afternoon in order to allow Commissioners to view parcels along the river affected by the erosion control project. Bryson reported the tour was quite educational and he was favorably impressed by some of the work that had been done. Bryson noted he was also aware now of some areas that had not been addressed. Bryson continued, the consent agenda was approved. Item E-1 was approved, which was a wetland road fill project in the Murwood Estates Subdivision. Item F-2 was a request for ten acres of Borough land to be used as an outdoor recreational area. This was approved and would go before the Borough Assembly. Item G-1, a vacation of a 20-foot utility easement was approved. Item J-1, a request to drill a water well within the 50 foot Kenai River Habitat Protection Area in the Cooper Landing Area, was approved because if the well wasn't put in the proposed area, it would affect other aspects of the project. -Co Administration Kebschull reported the vehicles were moved off Baker Street. ITEM 9: PERSONS PRESENT NOT SCHEDULED - None ITEM 10: INFORMATION ITEMS - None ITEM 11: COMMISSION COMMENTS/h QUF~TIONS Commissioner Nord reported there was a lot of activity again at the residence on Sycamore Street and she was sure they were operating a business. Nord noted that she hadn't seen any repair work being done on the street other than the one time after the City was over there. Nord stated, the work was being done in the garage, backyard and driveway and it was turning into a junkyard. Kebschull PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 11 stated, every time a new vehicle comes in, the police needed to be called so they could make an effort to document the amount and type of business being conducted. Kebschull continued, that would be the only way to monitor it other than setting up a scam. Kebschull also noted, since the neighbors were told of the necessity to phone the police, only one call was made. Nord responded by stating that many of the neighbors were afraid of repercussion. Kebschull stated the City would look into it. Commissioner Goecke requested that RPM's (Mr. Mellish) be required to move the vehicle parked on the street in front of his business. Kebschull stated, vehicles were allowed to park on Frontage Road until October 1, 1999, at which time they need to be moved for snow removal. Kebschull noted the Police Department would begin enforcement after October 1. Commissioner Bryson asked if there had been any complaints about the pasture on Birch Street. Kebschull replied she wasn't aware of any. Bryson noted the lot of First and Birch was cleaner and wasn't sure if the problem on Sycamore was related. It was noted the reason the lot at First and Birch is cleaner was a result of a divorce. ITEM 12: ADJOURNMENT MOTION: Goecke MOVED to adjourn. There were no objections. The meeting adjourned at approximately 8' 10 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 22, 1999 PAGE 12 MEMORANDUM TO' FROM: DATE: RE: Mayor and Council Members Carol L. Freas, City Clerk City of Kenai ~ // October 1, 199~ PLANNING & ZONING COMMISSION REQUEST FOR WORK SESSION It is noted in the minutes of the September 27, 1999 Planning & Zoning Commission meeting, the Commission requested a work session be held immediately prior to their next Commission meeting of October 13 {or upon submission of a detailed site plan to the city Planning &, Zoning Department for the item listed below). The purpose of the work session would be to discuss the following items' PZ99-36 regarding a Landscape Site Plan for property described as Lot 2- C, Block 1, Spur Subdivision No. 6 (412 Frontage Road) /Application submitted by John Mellish, RPM's Rebuild, Inc.; and, Proposed livestock ordinance Appropriate notification will need to be made in regard to a work session. Does Council approve the Commission holding a work session prior to their October 13 meeting (or upon submission of the detailed site plan)? ITEM 1' ITEM 2: ITEM 3: ITEM 4: KENAI BEAUTIFICATION COMMITTEI SEPTEMBER 14, 1999 *** 5:30 p.m. Kenai Council Chambers ***AGENDA*** CALL TO ORDER/k ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES - August 10, 1999 PERSONS SCHEDULED TO BE HEARD ITEM 5- OLD BUSINESS Discussion - Chamber Beautification Contest ITEM 6- ae NEW BUSINESS Discussion - Volunteer Appreciation ITEM 7: a. REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8' QUESTIONS AND COMMENTS ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes of August 5, 1999. City Council Action Agendas of August 18 and September 1, 1999. ITEM 10: ADJOURNMENT CITY OF KENAI BEAUTIFICATION COMMITTEE SEPTEMBER 14, 1999 -5:30 P.M. KENAI CITY HALL CHAIRMAN MARIL~ DIMMICK, PRESIDING ITEM 1: CALL TO ORDER/ROLL CALL (Because neither Chairman Dimmick nor Vice-chairman Hansen was present when it was times to begin the meeting, the Committee chose Barb Nord as Chairman Pro- Tempore.) Chairman Pro Tem Nord called the meeting to order at 5'40 p.m. Members present: Brown, Jung, Nord, Johnson; Dimmick arrived at 5:42 p.m. Members absent: Hansen, Rogers Non-voting members present: Overturf Non-voting members absent: Benedict Also present: Bob Frates, Parks and Recreation Director; Council Member Linda Swamer; Deputy City Clerk Sheryl Padilla as recording secretary. ITEM 2: APPROVAL OF AGENDA Frates stated he wanted to add an item under New Business and discuss the Blue Fescue grass that Mede Dean Feldman had given the City to use. MOTION: Brown MOVED to approve the agenda as changed; Jung SECONDED the motion. objections or comments. SO ORDERED. No ITEM 3: APPROVAL OF MINUTES MOTION: Brown MOVED to approve the minutes of the August 10, 1999 meeting; Jung SECONDED the motion. There were no objections or comments. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD - None. (Nord turned the meeting over to Dimmick at this point-- 5:44 p.m.) ITEM 5' OLD BUSINESS ,, -a. Discussion - Chamber Beautification Contest Dimmick stated not all the people chosen by the Committee for honorable mention awards were listed in the Clarion's article about the contest. She said she would call the Clarion and talk to them about it. She stated the photos in the article were good, however. She asked if anyone else had any comments or concerns about the contest. Dimmick said she would also be talking to the Chamber about adding classifications to the judging in the future. Dimmick said she thought of having a "Brown Beauty" moose cutout made to move from yard to yard next summer as a beautification award. ITEM 6: NEW BUSINESS -ao Discussion--Volunteer Appreciation Dimmick stated she had called many people about attending the function at the gazebo after the meeting. She hoped the rain wouldn't keep them from showing up. 6-b. Discussion--Blue Fescue Grass Frates said Merle Dean Feldman had given the City several bunches of the Blue Fescue grass growing in buckets. Swarner said Feldman also had perennials for the City to use, including a small flowering tree. Swarner stated more roses are needed in front of the Re-Max building; and Frates said he was planning on that, and maybe putting some Blue Fescue grass there as well. Other possible locations for the grass were discussed, as well as how it should be wintered over. The airport sign was mentioned and Dimmick suggested that as an item for the next agenda. She asked for other items for next month. Johnson mentioned items that people had talked to her about: one of the beds at KVCC that didn't do well and the wooden flower boxes on the City's comers were looking worn and need replacing with, possibly, more concrete circles. ITEM 7: REPORTS T-a, Committee Chair -- Dimmick stated her report could wait until later. 7-b. Parks/k Recreation Director- Frates said his crew would be putting roses at the ends of the Kenai sign in the next few days, along with some Potentilla. Because of all the rain, he said, the mowers had been busy and the compost pile was large. He also stated the firewood cutting at Municipal Park was going well this year, and that the gym floor at the Rec Center had been re-varnished and readied for basketball season. BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 14, 1999 PAGE 2 Frates also talked about the Kenai Multi-Use Facility now being built. He suggested the Beautification Committee may want to use the facility during summers for events such as landscaping shows, farmers' market, and plant swaps. 7-c. Kenai City Council Liaison - Council Member Swamer said the group had to get to Leif Hansen Memorial Park for the volunteer appreciation function and suggested the meeting be adjourned. ITEM 8: OUE~TIONS AND COMMENTS -- None. ITEM 9' IRFORMATION -ao Parks & Recreation Commission Meeting Minutes- May 6, 1999 City Council Action Agenda- May 5 and 19, 1999 ITEM 10: ADJOURNMENT The meeting adjourned at 6' 15 p.m. Minutes transcribed and submitted by: Sheryl A. Padilla, Deputy City Clerk BEAUTIFICATION COMMITTEE MEETING SEPTEMBER 14, 1999 PAGE 3 AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 15, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kena/.ak.us ITEM A: , 2. 3. 4. ITEM B: ITEM C: o . . ITEM D: o CALL TO ORDER Pledge of Allegiance Roll Call ' Agenda Approval Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENTS (10 minutes) PUBLIC HEARINGS Ordinance No. 1841-99 - Increasing Estimated Revenues and Appropriations by $100,000 in the Forest/Redoubt Water and Sewer Crossings Capital Project Fund. Substitute Ordinance No. 1841-99 - Increasing Estimated Revenues and Appropriations by $140,000 in the Forest/Redoubt Water and Sewer Crossings Capital Project Fund. Ordinance No. 1842-99 - Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Public Library Assistance Grant. Resolution No. 99-54- Listing the City's Alaska Department of Community and Economic Development FY 2001 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission -1- , 5. 6. 7. 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: MINUT~ , *Regular Meeting of September 1, 1999. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS ,, Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 , Discussion- Property Use Plans/Tract C, Daubenspeck Property; FAA Tract Property; FAA Football Field. , Discussion- Ice Rental Fee/Multi-Purpose Ice Facility ITEM I: ,, ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION - Annual Evaluation of City Attorney and City Clerk. If time allows, the evaluation of the City Manager will be held as well. ITEM K: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 15, 199~ 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council Chambers in the Kenai City Hall Building. A-1. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Swarner and Moore. Present were: Bannock, Frazer, Williams, Bookey, A-a. AGENDA APPROVAL Mayor WiLliams requested the following change to the agenda: ADD AS: B-1 -- Bill Coghill, Mikunda, Cottrell & Co./Financial Statement Presentation MOTION: Councilwoman Swarner MOVED for approval of the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA Mayor Williams noted he had no changes to the Consent Agenda. MOTION: Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS B-1. Bill Coghill/Mikunda, Cottrell/h Co. -- Coghill thanked the council for adding him to the agenda and distributed the City's audited financial statement and KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 2 management letters to the council. Coghill noted distinquishable differences between this year and other years was that their audit included a lot of detailed financial information. He added, the audit covered the financial section, general purpose financial statements and notes to financial statements. In these areas, the auditors expressed opinions. The remaining information in the statement was supplemental on which they performed audit procedures, but didn't express their opinions. Coghill noted, this was important because one of the items on which they audit is a footnote discussing the city's Y2K readiness. He added, the foomote stated the city inventoried its computers systems and determined which systems could be affected by the Y2K issue, conducted an evaluation of those systems, did remediation where necessary, and tested those areas. The footnote also stated the city could not guarantee that something wouldn't go wrong on January 1, 2000 because of the nature of the item. Coghill stated, the Y2K issue was required by the Governmental Accounting Standards Board, however it was an area where auditors don't investigate whether all the systems were checked and their results, etc. Because they couldn't express an opinion and didn't do audit work on the Y2K issue, their opinion was qualified with respect to the information in the footnote. Their opinion stated they conducted an audit and found it to fairly represent the financial condition of Kenai, but was qualified with respect to the information in the foomote (a scope restriction). Coghill stated this was the first time the city had a qualified opinion since his f~m started doing the city's audit. He added, it was his understanding the qualified opinion would not affect any financial markets or wouldn't affect the certificate of achievement from the Governmental Accounting Standards Board. Coghill noted, this was unique to the situation. Coghill continued, stating the city's financial condition was on a steady and healthy course. He noted the fund balance decreased to $9 million from $10 million because of transfers to capital projects. He noted the introductory portion included informative summaries and encouraged council to review the information because it was the most concise overview of the statement. Coghill noted the Boating Facility Enterprise Fund was the only fund with losses and had losses for the past three years. This was also mentioned in their management letter, Coghill added. He noted, an enterprise fund is designed to be supported by the fees of the users. In regard to the Boating Facility, Coghill noted, it lost approximately $100,000 in June 30, 1997, approximately $75,000 last year and approximately $102,000 this year. He added, the Boating Facility currently owed the General Fund some money and the prospect of it paying the General Fund was remote. It would probably be an operating transfer from the General Fund to cure that and this was why the question was raised of whether it should continue as an enterprise fund. He suggested other choices for the fund would be a special revenue fund or a department KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 3 of the General Fund. However, he noted, it wasn't costing the General Fund as much as it appeared to support the Boating Facility due to the depreciation charged. A more in depth discussion took place regarding the Boating Facility Enterprise Fund. Coghill noted that if the Boating Facility could not support depreciation of its assets, council should strongly consider changing it from an enterprise fund. When questioned what other municipalities use as a guideline for a capitalization policy, Coghill noted the $1,000 is the policy of the city's finance department. Other cities set it at various levels. He noted, when the amount is kept at a higher level, it decreases the record keeping of the city's assets. He noted their management letter stated the city wasn't maintaining a detailed list of fixed assets. Coghi11 stated there is a list, however there were large gaps in it. He added, the letter suggested the city update those lists, especially the buildings, lands, etc. Ross asked if the BLM restrictions on the Boating Facility property (revenues raised on the parcel must be dedicated back to the Boating Facility} could be a part of the General Fund. Coghill answered he had not investigated the matter as to the legalities of having a separate fund. He noted, it could be accounted and shown that all the revenues of the facility were used at the facility, if that would meet the requirements. It would have to be investigated. Ross noted, it had been discussed to privatize the facility and asked if it this could be done from an enterprise fund, special revenue fund, or was there a difference. Coghill answered, the difference would mostly be conceptual. He continued, if it was expected that franchising it out would provide enough revenue to support all of the costs of the facility, including depreciation, it should stay as an enterprise fund. He added, if it was designed to only make cash flow {and not cover major repairs, insurance, etc.), it would fit best as an special revenue fund. Moore asked if Coghill was recommending the city do an inventory of its luted assets, compare, and adjust to actual? Coghill answered, that would be best; especially the items before June 30, 1982. A general discussion of a fixed-asset inventory continued. Coghill also reported a state single audit was not required this year as not enough state money was received to do it (revenue sharing didn't count toward the hmit). He added, this year there was only a federal single audit report required. Coghill stated there were no findings in the letter, no exceptions to required procedures or internal controls, no findings and no prior year findings. Coghill reported a copy of this report would be supplied to the federal government and administration. KENAI CITY COUNCIL MEETING MINUTES SE~EMBER 15, 1999 PAGE 4 ITEM C: PUBLIC HEARINGS C-lo Ordinance No. 1841-99- Increasing Estimated Revenues and Appropriations by $100,000 in the Forest/Redoubt Water and Sewer Crossings Capital Project Fund. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1841-99 and Councilman Bannock SECONDED the motion. There were no public or council comments. C-l-a. Substitute Ordinance No. 1841-99- Increasing Estimated Revenues and Appropriations by $140,000 in the Forest/Redoubt Water and Sewer Crossings Capital Project Fund. MOTION TO AMEND: Councilwoman Swarner MOVED to substitute Ordinance No. 1841-99, increasing the appropriation to $140,000. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. There were no public comments. Councilwoman Swarner noted Item 608(3) on Page 2 of the Engineers' Estimate (included with the substitute ordinance) and asked why asphalt sidewalks were listed when it had been stated they would be concrete sidewalks. Public Works Manager Komelis answered, the project was designed with concrete sidewalks along Forest Drive and at Redoubt the sidewalk would change to asphalt. He explained, the Engineers' Estimate listed items to coincide with DOT's project manual which had additional description on each item and helps the contractors know what is involved with each item of the project. Councilman Bookey asked if all the major water/sewer crossings were included for the $140,000 (and 15% contingency). Komelis answered yes, and noted the 15% was actually the construction engineering and statement of charges. He added, contingency would not be very much and the reason why the amount went from $100,000 to 111140,000 was because of the State's charge for the pipe. Kornelis stated, he believed the suggested amount was high. Mayor Williams stated he would not support the project. He explained, constituents came to him and stated they wanted the upgrade of the road and its amenities which increased the cost of the work from $2.5 million to $6.3 million. The outcome of the special election regarding the Permanent Fund Dividend told him 83% of the State's KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 5 voters didn't want the State to spend money on projects such as this. Williams continued, he was puzzled by the "want it/don't want it" attitude of the voters. He added, in order to balance the picture and suit everyone, he would not support the ordinance and urged the council to issue a resolution to the State to tell them thank you, but the city did not want the money. Moore asked ff the money was appropriated some time ago. Williams stated the money had not been appropriated by the city and the resolution could request the funds be returned. VOTE: Bannock: Yes Frazer: Yes Swarner: Booke¥: Yes Williams: No Yes Moore: Yes MOTION PASSED. MOTION: Ordinance No. 1842-99 - Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Public Library Assistance Grant. Councilman Moore MOVED for approval of Ordinance No. 1842-99 and Councilwoman Swarner SECONDED the motion. There were no public comments. Williams stated he would not support the ordinance since it was a State library grant and could be cut from the State's budget. Swarner noted, 83% of Williams' constituents don't use the library, but those who do use the library, use it often and spend money in the city. Bookey asked if Williams was setting a precedent and suggested Williams should not lobby for the city in Juneau. VOTE: Bannock: Booke¥: Yes Frazer: Yes Swamer: Yes Yes Wilharns: Moore: No Yes MOTION PASSED. C-3o Resolution No. 99-54- LiSting the City's Alaska Department of Community and Economic Development FY 2001 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 6 MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 99-54 and Councilman Bookey SF~ONDED the motion. Debbie Sonberg, 410 Cinderella Street, Kenai. Sonberg noted Williams had made the comment at the last council meeting that he would be voting yes (on the Permanent Fund Dividend special election question) because yes was defined and no was not defined. She added, Williams was now clearly defining the "no." Sonberg added, she voted no, but was making public that she did not hold the views that Williams said the 83% held. Sonberg continued, she thought the question was poorly worded and advertised on both sides, and didn't think Williams spoke for the 83%. Williams stated he spoke for himself and not the council. He added, during a debate with Senator Ward on the local radio he explained it was his right to think in that term and those on the radio who say they supported the First Amendment were the first ones to say he shouldn't be thinking like that, etc. Williams added, as a citizen and elected official, he should be doing that. VOTE: Bannock: Bookey: Yes Yes Frazer: Swarner: Yes Yes Williams: Moore: No Yes MOTION PASSED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Swarner noted there was no meeting since her last report. D-2. Airport Commission -- Councilman Bannock reported the Commission met on September 9, at which there was a good discussion about proposed changes to the Airport Regulations. He noted, the Commission would be reviewing the landing fee structure, subleasing of airport properties and language for off-airport rental parking. Bannock added, he was looking forward to seeing the three topics come back to council and that he urged the Commission to be sure to forward their recommendations with the items. Bannock stated he expected the information to be forwarded next month. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 7 Bannock noted the Commission also requested council change their November meeting date from November 11 (Veterans' Day/a city holiday) to November 18. Council had no objections to the date change. D-3. Harbor Commission -- Councilman Bookey reported a meeting was held on September 13, however he was unable to attend. Komelis reported, the Commission discussed a suggestion by Snug Harbor Seafoods that the city may want to purchase the fencing and lighting they placed on the property they formerly leased from the city for a boat storage. The price suggested by Snug Harbor was $10,000. Komelis reported the Commission asked him to contact Snug Harbor and ask if they would donate the fencing and lighting to the city. Williams asked if the equipment purchase would benefit the city more or Snug Harbor. Komelis answered, the fencing was installed by Snug Harbor. If the equipment is removed, the property would be a vacant parking lot. If someone else would want to rent the area for a boat storage area, new lights and fencing would have to be installed. D-4. Library Commission-- Swamer reported she attended the Library Commission meeting for Councilman Moore. She noted, the unapproved minutes of the meeting were included in the packet. Swamer reminded council and the audience of the "Meet the Librarian" reception scheduled for September 16, 1999 from 4'00 to 7:00 p.m. at the Library. D-5. Parks/h Recreation Commission -- Swarner reported she attended the Commission meetin§ for Councilman Frazer and the unapproved minutes of the meetin§ were included in the packet. Swarner su§§ested all the council members consider chaperonin§ at the Recreation Center dances. It was noted the next dance was scheduled for September 24. D-6. Planning/h Zoning Commission -- Councilman Bannock reported the minutes of the September 8 Commission meeting were included in the packet. He pointed out it was one of the first times a Home Occupation Permit was approved under Consent Agenda. He noted, the applicant moved their operation to a new residence and a new permit was required. Bannock also reported a rear yard setback was approved. Bannock also reported Administrative Assistant Kebschull demonstrated the new GIS System for reviewing data for properties within the City of Kenai at the end of the meeting. He noted the program was very impressive and encouraged the council to contact Kebschull for a demonstration. ~NAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 8 D-7. Miscellaneous Commissions and Committees D-7-a. Beautification Committee -- Swarner reported the Committee met on September 14 for a short meeting and after held a reception for volunteers at the Left Hansen Memorial Park. D-7-b. Historic District Board -- Councilman Moore reported the next meeting was scheduled for October 19. D-7-c. Kenai Visitors/h Convention Bureau Board-- Councilman Bookey reported the next meeting was scheduled for September 16 at 5'30 p.m. at the Visitors Center. D-7-d. Alaska Municipal League Report -- Clerk Freas noted she was making plans for the Welcoming Reception of the AML Conference and asked if council wanted to include a no-host bar for the reception or offer only sodas, tea, coffee, and punch. Council a~reed to offer only tea, coffee, punch, and sodas. ITEM E: MINUTES Regular Meeting of September 1, 1999. Approved by consent agenda. ITEM F: CORRESPONDENCE-- None. ITEM G: OLD BUSINESS-- None. BREAK TAKEN: 8:05 P.M. BACK TO ORDER: 8:23 P.M. ITEM H: H-X. NEW BUSINGS Bills to be Paid, Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 9 MOTION: Councilwoman Swarner MOVED to pay the bills and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2o Purchase Orders Ex~eeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and requested UNANIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-3o Discussion- Property Use Plans/Tract C, Daubenspeck Property; FAA Tract Property; FAA Football Field. Ross referred to the report included in the packet. He noted Public Works Manager La Shot included in the report a history of the property and proposal for conceptual uses of the property. The report also included the present zoning and proposed zoning for the properties. Ross added, a lot of the property has sloughed off. He noted, if conservation zoning would be considered for a portion of the properties, the Russian Orthodox Church would be notified and asked for input of whether they would want their portion of the property included in a Conservation Zone. Ross noted, the main issue administration wanted council to review (other than the zoning issues, which would come to council after recommendation by the Planning & Zoning Commission) was the Daubenspeck and other properties which may require exploration. He added, if the city would be opening the FAA Tract for potential use (after deeding it to the city), administration felt a consultant should be hired and some exploration done to determine what potential exposures and problems there may be on the Daubenspeck and adjoining properties. Ross referred to a diagram of the un-subdivided remainder of the property and noted this was the property from which BOR restrictions were needing to be removed. He added, the last page of the report was an aerial photograph of the properties in 1960 and indicated the location of the Daubenspeck property {above the Quonset huts). He also indicated where overburden was removed and where the areas of research were indicated. Bookey asked if there had been conversation with FAA regarding participation in doing research on the properties. Ross answered, the last conversation was concerning the UST tank and FAA indicated it had been given back to Daubenspeck and he to the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 10 city. He added, the tank would need to be removed and if contamination is found, the city would target FAA as they were the user. After the environmental assessment is received, the pressure to bring FAA into the project versus holding them responsible for what is found, was unknown. Bookey asked Attorney Graves ff there was an access to FAA, how many years of litigation would it include? Graves answered, if FAA was named as a Potentially Responsible Party (PRP) as a former landowner, it could be a long battle. He added, generally what the Corps of Engineers and federal agencies like doing is to participate in-kind instead of giving money. Graves stated, it would be easier to get FAA involved in the cleanup once contamination is found. He added, after finding contamination, he felt the city should go to FAA (maybe with congressional help) and tell them the city needs their help in cleaning the property and ask how they would be willing to participate. He added, he believed this would be the most productive track and the quickest (instead of immediately suing). Bookey asked if Daubenspeck would be involved in the cleanup since they donated the property to the City of Kenai and which had been under lease to the FAA. Graves answered, that would be a policy decision of council as the city could or could not name him in a lawsuit. However, if the city sued others, those others could name Daubenspeck as a PRP. Bookey stated he believed there was much more at stake than a clean-up issue and added, he would like the city to progress, but wanted council to understand all the ramifications of the project prior to making a final decision. He added, he did not want to make a decision at the present meeting. Williams asked if there were any other known participants in the issue other than the city, FAA and Daubenspecks. Graves answered, those were the prime participants, however there could be a long list of subtenants, people who may have dumped material on the site, fuel suppliers, transportation suppliers, etc. Bookey stated he felt cost was a serious question, but the other side was that litigation could take longer than any of councils' tenure. Williams suggested the matter be held over to the next council meeting in order for everyone to digest the content of the report, but also to speak individually with administration on the matter. Williams stated, he believed it would be acceptable to move ahead with the BOR matter and transfer in order for that portion of the property to get the title cleaned up. He added, it could be the Daubenspeck property may be best served by other uses ancillary to and complementary of the improvements to be built on the other acreage (approximately ten acres). Bookey asked if Williams was referring to the un-subdivided properties. Williams answered, he understood the city would have to make final decisions as to cleanup and the use of the land with FAA. Ross answered, that was correct but when the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 11 transfer would take place was unknown. He added, he was very uncomfortable recommending the disposal or sale of the FAA tract (after coming into the city's ownership) to council unless there is a reason to believe there is no contamination problem on the Daubenspeck property (water table or otherwise). Ross stated, it was a "catch 22" for council in their decision making and concurred a decision should not be reached at this meeting. Bookey stated he wanted to hold off on any decisions, even the un-subdivided remainder, until the next council meeting. He added, he wanted to do some additional research on the matter himself in order to have educated dialog, etc. Moore asked Bookey if he wanted to hold off on any environmental assessment on the properties as well. Bookey answered, yes and each council member review the information and discuss the matter further at the October 6 council meeting. Bookey stated he wanted to take a walk on the properties, discuss the matters with both administration and the city attorney as he felt the matter would eventually have to be cleaned up. He added, he believed the properties were a key potentially developable tract in Kenai, but thought progress should go slowly. Bookey stated, he didn't want to open "Pandora's box" until he felt more comfortable with the matter. Moore stated he appreciated Bookey's expertise in the matter, but felt it was important to determine what problems existed. Bookey confm~ed he wanted to determine that information as well, but wanted to delay until the next meeting. Frazer stated he felt the city should make an effort to resolve the matter without litigation and he thought an assessment of what was there would be needed in order to discuss cleanup processes with FAA. He added, he felt it was important to keep the matter out of litigation, keep other parties out of the matter (if possible), and get FAA's involvement in the cleanup. Frazer noted, he believed that would be the most expedient and the least expensive to correct any problems that may exist. Ross stated he concurred with Bookey and Frazer and added, depending on what is determined by council in the following two weeks, a different approach may be to see how much congressional leverage could be brought to bear on FAA to get involved from the beginning. He added, that would be a slower approach than the city having the assessment done first. It would bring a lot of attention to the matter and if this approach would not be successful, the city could then do the assessment. It would, however, lay a good solid background to the city's objective, but it would be a slower approach. Ross stated, how to approach the matter would depend on how council felt about the situation. Frazer noted, he felt the matter should be tabled until the next council meeting in order to discuss the matter with administration, etc. He added, he did not feel he had an understanding of the potential problems of the properties at this time. KEN~ CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 12 Williams noted, the points of question on the un-subdivided remainder were different. He noted, administration had done a great deal of groundwork in the matter. He added, he did not want to send a signal to administration that council wanted to stop the progress on that portion of the property. Bookey stated he didn't object to Ross continuing in that direction, but didn't want to get into exploratory or remediation discussions for at least two weeks. Frazer agreed. W~ll~ams noted, council's direction would be for administration to move ahead on the un-subdivided remainder and put the rest of the discussions on hold. Williams suggested council make a joint field trip to the properties in order to get the perspective of the land first hand which would' give council a better idea of how the properties could be utilized. He added, if something happened that the city would be interested in joining with another group to develop the un-subdivided property, there would be the possibility of setting aside the Daubenspeck property and continuing the inspections, etc. to another time. Council agreed to meet at the property on Monday, September 20 at 6'00 p.m. Discussion- Ice Rental Fee/Multi-Purpose Ice Facility City Manager Ross referred to a memorandum included in the packet from Parks & Recreation Director Frates. He noted, administration supported the $65.00 per hour fee rate the Commission recommended. Councilman Frazer stated he reviewed the minutes of the Commission meeting and had no reason to not agree with the Commission's recommendation. Councilwoman Swarner noted there were no restrooms included in the design for the portion of the facility to be built. A long discussion followed and it was noted that presently the plan was to use port-a-potties at the facility, unless the High School would be open for people to use their facilities. It was also noted the preliminary ground work including bringing water/sewer lines to the facility, but the facility was not being plumbed for this phase of the facility. The Zamboni room was the only area there would be water available. MOTION: Councilman Frazer MOVED to accept the recommendation for the ice rental rate of $65.00 per hour and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. Ross noted, there were no restrooms planned for this phase of the building and to make a change in the plans at this time would be major. He added, he thought ~NAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 13 council was well aware there were no restrooms in the design for this phase of the building and the plan was to use port-a-potties which would be paid for out of the Parks & Recreation Department budget. Swarner stated she thought that if the facility was to be rented for $65.00 per hour, it would need restrooms for users and spectators. Ross continued, the other phases of the building included plans for restrooms. Bannock noted, the facility's design was the best that could be done for the least amount of money. Moore remembered the conversation with Architect Klauder in which it was said the water/sewer utilities would be placed now for future expansion. Ross explained, the major lines were being put in but the portion of the facility now under construction was not designed for underground and water/sewer in that location. He noted, he thought council was aware port-a-potties would be used to meet the needs. Swarner apologized for not noting the lack of restrooms earlier in the discussions. Bannock noted, adding restrooms at this time would be a major addition to the project because it would be changing the scope of the first phase of the project. Ross added, a change order would be required to add the restrooms at this time. To better explain, Public Works Manager La Shot drew a diagram of where the utihty lines were laid for future expansion. La Shot noted, the next phase would include the addition of permanent restrooms. He added, to place permanent restrooms now would be expensive and suggested an Atco-type trailer if heated non-permanent restrooms were to be included with the facility at this time. Moore asked ff the FAA trailer was already removed by FAA, suggesting it could be used for a trailer-type restroom area. Williams asked to have administration check the surplus lists to see if any Atco Wailers are available and at what cost. He added, he believed it would be advantageous to the city to have heated restrooms at the facility. There were no council objections to the request. ITEM I: ADMINISTRATION REPORTS I-1o Mayor-- No report. I-2. City Manager a. Water/Sewer Feasibility Study -- Ross reported Public Manager Komelis was workin§ with the possibility of submittin§ a ~rant with EDA and DEC for 100% fundin~ to do a feasibility study to place water and sewer utilities alon§ Brid§e ~NAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 14 Access Road. The report would review the work involved, the benefits to present and future operators, etc. He added, EDA and DEC seemed to be interested in funding the study. b. Dip Net Fishery Report -- Ross referred to the report included as an information item in the packet. He complimented Lt. Kohler, Parks & Recreation Director Frates and Public Works Manager Komelis for their cooperation in collecting the information and preparing the report. He added, he believed the group did a very good job and gave some sense of the progress of the fishery and future needs. sold. C~olf Course Lots-- Ross reported there was only one lot remaining to be d. Airport Landing Fees -- Ross noted, the Airport Manager would be writing to air carriers requesting comments on suggested new landing fees at the airport. He added, investigating the present fees, it was found the city's fee structure was way below other airports within the state. Ross added, he anticipated receiving written comments from the carriers by the new year and the information being forwarded to the Commission and council at budget time. Ross noted, the present landing fees were low compared to other areas of the state and the Airport's operating expenses had increased over the years. The responses from the air carriers, etc. would be brought back to the Commission and then to council with their recommendations as well as administration's recommendations. Swamer thanked Ross for the dip net fishery report. She added, she understood problems were continuing on the south beach and requested discussion of this item at the next council meeting. Attorney-- No report. I-4. City Clerk -- Freas referred to information in the packet regarding the scheduling of Student Government Day and asked whether council wanted to hold a Student Government Day and if so, when. It was noted November 17, 1999 would be the meeting where the new council members would be sworn in as required by the Kenai Charter. Council chose November 17, 1999 for the day. Plans are to include lunch for the students and teachers at the Senior Center. Freas also requested council inform her if they planned to attend the AML Conference and noted application information was included in their packets. It was noted, the election would be certified prior to the AML Conference and though the new members would not yet be sworn in, they would still be able to attend the conference if they wished. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 15 1-5. Finance Director -- Acting Finance Director Feltman noted the Finance Director was on vacation. Public Works Manager KorneHs -- a. Public Works Manager Komelis reported he was applying for the following grants: · DEC 50% Matching Grant/Wellhouse No. 4 -- He explained the grant would be to reimburse the portion of the Wellhouse No. 4 grant previously received which was used for the water/sewer improvement construction project. · DEC, 50% Matching Grant -- This grant would be for relocating water/sewer main lines at Mission Street where the lines were nearing the bluff due to sloughing of the ground. EDA/DEC 50/50 Grant -- Komelis reported this grant was what Ross had reported on earlier in the meeting. The grant would fund a feasibility study for placing water/sewer lines along Bridge Access Road. · Phase H Construction -- This would be the Phase II construction of the water/sewer lines along Bridge Access Road. Komelis explained, he didn't expect to be awarded any funding, but applying would place the city on the State's list if the feasibility study determined the project was possible. Alaska Municipal Grant Program -- Komelis referred to Item C-3, which listed the city's projects requesting state funding for the FY2001 Capital Project Matching Grant Program. b. Wellhouse No. 1 and 2 -- Komelis reported this project was about 50% complete. He noted, the old Wellhouse No. 1 was removed and the new building erected. He added, since Wellhouse No. 1 was no longer in operation, about 20% of the water was coming from Wellhouse No. 2. Komelis noted, because Wellhouse No. 2 had some tannins, etc. some complaints had been received regarding the color in the water. He added, this well also had some seasonal problems and had more color at this time of the year. Komelis noted, Wellhouse No. 3 was doing better, but the city was only pulling about 80% of the water supply from this well. c. Pumphouse -- Komelis reported a new pumphouse was being erected by the storage tank. He noted, the underground pumphouse was being left in operation. When the piping in the pumphouse is completed, the tank would be switched over to KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 16 the new pumphouse and the old underground portion of the pumphouse would be demolished. Komelis added, the completion date was set for December 6, however the contractor believed he would have it completed earlier in November. Public Works Manager/La Shot a. Airport/Fire Station/Warm Storage Project-- La Shot reported Requests for Proposals for design services on this project were being distributed. If the selection process §oes as planned, council would have the opportunity to award a contract at their November 17, 1999 meeting. b. Laundromat Water/Sewer Connection -- La Shot reported he had been asked if the laundromat was hooked to city water/sewer services and if they are payin§ the bills. He noted, it was verified the business was hooked to the utilities and bills were bein§ paid. Williams referred to the Project Status Report included in the packet as Information Item No. 2. He noted, the majority of the projects on the list were funded through state and federal dollars. Airport Manager Airport Manager Cronkhite noted there had been a question at the last council meeting regarding the beacon on the city property adjoining the property where the new health center would be constructed. She reported she contacted FAA and learned in 1998 the equipment at the site had been upgraded or replaced and FAA had no future plans to relocate the beacon or decommission the site. ITEM J: DISCUSSION ,,, J-1. Citizens Jay Barrett -- Reported he recently left his position at KDLL and was now employed as a reporter for the Peninsula Clarion. He added, he would now be coveting the City of Kenai. J-2. Council Bookey -- No comments. Swarner-- Invited the audience to the kick-off of the United Way campaign on Thursday, September 16 at the Kenai Senior Center from 5'30-7:00 p.m. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 17 Moore -- He referred to the earlier discussion of investigating the placement of a modular building at the new multi-purpose facility for the purpose of restrooms and noted representatives of the Little League came to council and suggested using an FAA trailer for restrooms at the fields. He noted, there had been an estimate for preparing the building for that use. He suggested it would be fair to consider the trailer along with other possibilities. Moore also noted the recommendations in areas of concern noted in the Dip Net Fishery Report were to increase manpower. He suggested the fee structure for parking at the beach parking facilities to cover costs of additional manpower. A discussion of whether it would be possible to include the South Spruce parking lot as part of the Dock Enterprise Fund took place. Ross explained the boat launch fees were included in the Dock Enterprise Fund, but the parking lot fees were not. He added, since the parking lot was a funded item between the Water/Sewer Fund and the General Fund, it should not be included in the dock fund. Bannock asked ff there were revenues from the parking lot, should not they be returned to the fund which capitalized it. Ross explained administration held that debate, but because a portion of the land was extended for future expansion of the Sewer Treatment Plant (a portion of it) and because the dip net fishery was being supported by the General Fund (personnel, etc.), it was cleaner to call it a General Fund operation. Ross added, administration was not trying to capitalize the investment being made for future expansion in saying revenues were being raised from that capital investment for the Water/Sewer Fund. Bannock stated his concern was that in the future, a report wouldn't be received from the auditors stating revenues had been incorrectly deposited to the General Fund and reimbursement would have to be made the Water/Sewer Fund. Ross noted, that point was discussed and it was decided that if the plant was not expanded in two years and a General Fund event was taking place on the property, would the General Fund have to pay the Water/Sewer Fund, the answer would be no. Ross added, the city was not using a facility of the Water/Sewer Fund, per se. However, when the plant is expanded and the fence is moved over, it would become Water/Sewer land. Bookey asked if this would be anything like the BOR property exchanges twenty years in the future. Ross answered no. He added, there was no dedication of the land. Bannock-- Reported an idea had come to him from the Economic Development Committee (through the Chamber of Commerce) to consider purchase of a portion of the Old Carrs Mall to renovate into a convention center. He noted, the financing of the project would be done much like the public/private agreement with the LLC in constructing the multi-purpose facility. Bannock stated he believed it a very good idea and requested administration discuss the matter more thoroughly to see if a plan KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 18 could be developed to enhance or mimic the LLC structure being used for the ice facility. He added, he didn't support the citfs involvement in the development of a convention center which would be connected to a business, but this would be a re- subdivision of an existing building that was an eyesore and underutilized. He added, the capital needed to purchase and remodel the building would need to be raised. However, he believed it would be a good project to discuss with both the council and administration in conjunction with the EDD. Bookey clarified this Economic Development Committee was not a committee of the city. Bannock noted, he saw it as an opportunity to join forces with local government and local funding which would benefit all the city. Williams suggested Bannock contact Bill Kluge to review blueprints developed several years ago for a similar remodeling of the old mall, which included an ice arena. He added, the city had taken time and money in reviewing the issue at that time, but at that time Carr-Gottstein wanted approximately $4 mi!!~on for the facility. Bannock stated, Carr-Gottstein was now trying to market the facility more actively. He added, the single largest cost would be to develop a kitchen facility ($100,000) and the purchase of a portion of the building, much like a condominium. Bannock stated, he believed the idea deserved some merit. ~~ -- Reported he attended the Project Impact Workshop and noted it was well attended. Williams a. FYO1 State Revenue Sharing/Safe Communities Program Population Determination. Williams referred to the September 3, 1999 letter which was included in the packet. He noted the population determination was set by the State at 7,005, 53 less than last year's determination. Williams stated he disagreed with the determination and hoped the 2000 Census would give.a more accurate determination. b. Convention Center/Old Carrs Mall-- Williams explained he recalled the EDD and others saying the city should not get involved in developing a convention center as it was a matter of private industry. He noted, he had been pursuing private enterprise to build a hotel/convention center in Kenai and now the same group who before stated the city shouldn't get involved, was asking for the city to consider a private/public partnership for a convention center. He asked Bannock if he was speaking for the group. Bannock stated he believed the opposition that came forward didn't have anything to do with a convention center, but subsidiz~g a specific private industry over another. He added, he believed this project would be unique as it was only about a convention center. Bannock stated he was not endorsing the project, but felt it had merit for discussion. He also noted, it was his opinion there was never any objection from the KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 19 Chamber in regard to a convention center. He explained, his prior objection was the proposal to grant an industry a gift in order to land a convention center. Williams stated he was trying to prevent confusion of council and administration as to whether or not to proceed to pursue a hotel/convention center project or give way to another project which could be of less magnitude. Bannock asked if it was possible to do both simultaneously. Williams stated, if the city involved itself in any way, financially, he would not support it. The discussion continued. Bookey stated he had no objection to discussing the mall project, but was opposed to any municipal funding of such a project. He added, he believed the local hotel industry was dead against the city involving itself in any type of hotel/convention center previously proposed. Bookey explained, he would not want the city to be a part of developing a hotel/convention center, but believed the city could make land available for a project. Swarner stated Bannock was correct that the city had heard for years that something needed to be done with the Old Carrs Mall. However, for many years, the residents have stated they didn't want any municipal funds used for development of a convention center. She added, at this time, she would have to see a really good business plan for any municipal involvement in development of a convention center. Swarner noted, if the city were involved in development of a convention center in the old mall, it would take that property off the tax rolls, however strongly encouraging a new hotel/convention center would increase tax dollars into the community. Moore stated he agreed with Swarner and Bookey, but didn't have an objection for any organization coming to the council and make a proposal. EXECUTIVE SESSION- Annual Evaluation of City Attorney and City Clerk. If time allows, the evaluation of the City Manager will be held as well. MOTION: Councilman Bannock MOVED to convene in an executive session of the council of the City of Kenai concerning matters that tend to prejudice the reputation and character of another, specifically the annual evaluation of the city manager. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. Williams requested City Manager Ross to join the council in his conference room upstairs. BREAK FOR EXECUTIVE SESSION: 9:42 P.M. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 15, 1999 PAGE 20 BACK TO ORDER: 10:50 P.M. Councilwoman Swamer reported the council met with the city manager and he received a favorable evaluation. ITEM K: ADJOIrRNMENT MOTION: Councilman Bannock MOVED to adjourn the meeting and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10'51 p.m. Minutes transcribed and prepared by' Carol L. Freas, City Clerk KENAI CITY COUNCIL REVIEW OF FAA/CITY BLUFF PROPERTIES MONDAY, SEPTEMBER 20, 1999 6:00 P.M. Council Present: Staff Present: Others Present: Bookey, Frazer, Moore, Bannock, Williams and Swamer (arrived at approximately 6:30 p.m.) Freas, Graves, Springer, Cronkhite, Kebschull, Ross Phil Bryson, Wince-Corthell-Bryson The group met in the parking lot adjoining the FAA properties at approximately 6'05 p.m. Bryson gave an overview of the properties, pointing out boundaries, etc. from survey plats, etc. He noted the plat filed and surveyed in 1979 created Tract C and identified the Native holding. Also, Kenai Packers applied for their property in 1891 and it was identified as U.S. Survey 104. When the property was deeded, the acreage was reduced and it was identified as U.S. Survey 104 Amended. The group walked the properties to better identify the acreage and its relationship to adjoining properties and the river. There were some concerns of areas of the bluff which could slough off, as well as some deep open holes. It was noted there were several barrels on the property, however they had been filled with concrete and identified as anchors for semetter use. The group reviewed the FAA property and noted there were still concrete slabs remaining on the property, as well as some miscellaneous cables, chunks of concrete, etc. A large cylindrical hole was discovered to have its lid removed. The lid was replaced and it was suggested administration put a lock on the apparatus. It was also noted the remaining quonset huts were the city's and were situated on the Daubenspeck property. Ross noted, when FAA tums their property over to the city, it will have been cleaned. The city's concern is if there is groundwater contamination, there will be problems in other areas of the properties. When discussing the buried tank, Ross suggested it be pulled and if there is contamination, then contact the FAA. After review of the properties, there was a consensus of council and administration the properties should be resurveyed to determine the land availability; pull the tank and test it; test for groundwater contamination (after the resurvey); and hire an environmental consultant to identify the concerns and then council can decide how far it wants to go on possible projects. Bryson was asked if the testing done at the Sewer Treatment Plant for possible leeching into the Inlet would be useful for this property. Bryson answered no. Williams suggested the properties were large enough to be subdivided into additional parcels. The group dispersed at approximately 7:00 p.m. Notes prepared by: Carol L. Freas, City Clerk Tract C, Daubenspeck Property FAA Tract Property FAA Football Field Staff Review September 1999 Introduction'. This is a review of the properties known as Tract C, Daubenspeck Property, the FAA Tract Property, and the 3.05-acre parcel known as the FAA Football Field. This report will provide information on the current stares of the property including access, utilities, zoning, adjacent properties, and recommendations for future use. Site Characteristics: · The subject property is located on the Kenai Peninsula (Population 48,815) in Kenai, Alaska. The City of Kenai (Population 7,058) is located at the mouth of the Kenai River along the Eastern Shore of Cook Inlet. The general area of the subject properties is located towards the southeast side of the central business district in downtown Kenai. The general neighborhood is bounded by the Kenai Spur Highway to the north and west, the Kenai River and Cook Inlet to the south, and Bridge Access Road to the east. The area has developed with a mix of commercial, light industrial and public uses. Nearby areas along the highway, Willow Street, Beaver Loop and Main Street Loop have developed primarily with retail commercial and government users. These include the City of Kenai, the state courthouse and federal post office, the police and fire departments, the City recreation center, Kenai Mall and grocery stores, gas stations, motels, retail shopping and professional office buildings. Areas near the airport have primarily developed with commercial uses including retail, professional office, light industrial (generally oil field related), and airport related uses. Businesses in this area include the Peninsula Clarion newspaper, Alaska Steel, Industrial Instrument Service, Inc., the Kenai Municipal Airport, and the Homer Electric Association headquarters. (Land use in the immediate area includes two small strip malls with retail sales, professional office, fast food restaurant, hotel with restaurant and lounge, fish canneries and a gas station.) To facilitate discussion and planning, the property has been divided into three general areas: FAA Football Field - The portion of Government Lot 5 lying north of FAA Tract per SI)ur Sub Senior Citizen Addition & lying south of Frontage Road & lying west of Daubenspeek Property Sub Tract C & lying east of Spur View Drive - is a level, cleared currently vacant lot of 3.05 acres. There are approximately 596 feet of frontage on Frontage Road and 94 feet of frontage on Spur View Drive. A football/soccer field has been developed on a portion of this property. No utilities are present in or to this area. All utility access is greater than 200 feet away. No buildings are present in this area. Daubenspeck and Adjacent Properties Developmem Plan Page 2 FAA Tract, Spur Subdivision, Senior Citizen Addition - 3.22 acres and has been occupied by the Federal Aviation Administration. The FAA is presently vacating this parcel to give the City ownership. All antennae's, buildings and miscellaneous infrastructure are being removed and the site has undergone extensive environmental cleanup. The pa, reel is served from an eight-inch water main and a 10-inch sewer main located under Spur View Drive. Other utilities extend to the lot. Tract C, Daubenspeck Property Subdivision - Tract is approximately 15.16 acres. The northern section has alternating cleared and treed sections, but is predominately level. The southern section has partially cleared sections and unmaintained access roads. A gravel parking lot is present along the bluff line of this area. The area has approximately 954 feet of frontage on Bridge Access Road and approximately 154 feet on Frontage Road. City water and sewer mainlines terminate at the southern end of this lot off the end of Spur View Drive and could be accessed. Gas mains are present on the adjacent lot (FAA Tract). Several small quonset huts used for City storage are along the western property edge. Future development may necessitate demolition or relocation of the huts. Legal History/Land Ownership: The FAA deeded the area known as the FAA Football Field to the City of Kenai in 1978. The adjacent FAA Tract was excluded from that deed and retained by the FAA for government use. The Daubenspeck Property was donated to the City of Kenai in the early 1980's by the Daubenspecks. This property was leased by the FAA (formerly CAA) from the Daubenspecks between 1954 and 1978. Environmental Characteristics: The FAA Tract, Football Field Tract, and Tract C of the Daubenspeck Property were occupied by the FAA (CAA during the earliest years) starting in 1941. This was called the Kenai Emergency Operations Facility (EOF) and Quarters site. In 1954, the FAA leased the Daubenspeck property to expand the Quarters site. The lease was terminated in 1978 and Daubenspeck then deeded the tract to the City. FAA use of these tracts has caused potential environmental problems. Several documents are available for review on this subject. Attached to this report is an aerial Daubenspeck and Adjacem Properties Developmem Plan Page 3 photograph showing the FAA facilities existing in 1960 and a site plan showing areas of potemial problems. The FAA Tract is in the final stages of being vacated by the FAA. They are removing their facilities and have performed a site cleanup. By the end of the summer of 1999 this process should be complete and the tract ready for transfer to the City. The FAA Football Field and Daubenspeck property potentially hold environmental liabilities for the City and possibly the FAA. Preliminary assessment by both the FAA and the City lead to this conclusion. Various buried material and underground fuel storage tanks either exist or are thought to exist. No Phase II investigations have been initiated to ascertain the tree extent of the problem. (See Recommendations at the end of the report.) Land Use: Existing Land Use Tract C of the Daubenspeck property is vacant except for the remaining quonset huts. The FAA Football Field is vacant; however, the site is landscaped and used for sporting activities such as football. The FAA Tract holds the remnants of an old antenna site, which is in the process of being removed. At the southern tip of the FAA Tract, there is a parking area which borders the historic Shkituk' Village site. This parking area provides a view of the mouth of the Kenai River. Zoning The FAA Tract and FAA Football Field properties are zoned General Commercial. Daubenspeck Tract C is zoned Suburban Residential. Development Constraints Funding for a park upgrade for the FAA Football Field was received in 1973 from the Land and Water Conservation Fund Grant Program. Terms of this grant offer necessitate keeping the area, in perpetuity, for outdoor recreation use. However, the possibility exists for release of this parcel from BOR restrictions under one of several options that has previously been discussed with Council. Based on past experience this can be a lengthy process. Archeologicai Constraints In 1995, the City of Kenai's Historic District Board working with the Kenaitze Indian Tribe began planning a park area on Tract C of the Daubenspeck Property as an interpretive site in Daubenspeck and Adjacem Properties Development Plan Page 4 recognition of the historic Shkituk' Village. A sign was placed at one end of the existing parking area that provides information on the historic site. It is difficult to determine the actual location of the original Shkimk' Village. Phil Bryson and Pat Malone of the firm Wince, Corthell, and Bryson assisted the City in trying to determine the location of the village. They located and reviewed U.S. Survey No. 192. U.S. Survey No. 192 of the Russian Greek Church Mission Reserves, Tract B recorded November 26, 1906 defines property comers of the Russian Mission Reserve. In a general description of the area, the Surveyor describes "Tract B., is located on a level plateau about 70 feet above high-water mark on fight bank of the Kenai River about 11 ½ miles easterly from Tract A., north of the trail leading up the fiver. It is known as the old cemetery grounds, but at present is not used for such purposes. Quite a large settlement existed formerly in the immediate vicinity near the eastern boundary. Most of the natives having died, the village was deserted and only rains of former houses and barrabaries remain. Graves are scattered over all parts of the tract and only pieces of broken fences indicating former enclosures remain ...... The survey was made in the presence of Rev. Bartnovsky who pointed out the comers of the tract to me." U.S. Survey No. 104 of the Northern Pacific Processors claim, dated January 3, 1891, details "...to the summit of bank +40 feet thence course level through high grass, the native village to the left about 3.0 {chains} distant." The Survey notes include a plat showing the location of the "Aleut Village" west of the gully through this area, and approximately 3 chains (200 feet) west of the survey boundary line, and 5 chains (330 feet) back offthe bluff face. The surveys are cross referenced to each other, through the original and amended survey comers of U.S.S. No. 104, and the described location appears to roughly coincide with the current Russian Mission Reserve location. Based on this information, the original Shiktuk Village is likely at or near the current Russian Village Mission, and development in any other area is unlikely to encroach on the original Shiktuk Village. Comprehensive Plan Strategies The City of Kenai Comprehensive Plan lists Commercial Land Use Strategies: a) Concentrate commercial development at strategic locations along the Spur Highway where traffic turning movements can be controlled and impacts on adjacent neighborhoods can be minimized. Daubenspeck and Adjacem Properties Development Plan Page 5 b) Require that access to commercial sites be restricted to medal or collector streets - not residential access streets c) Encourage commercial development on Bridge Access Road to industry uses (marine industry, west side, general industrial east side of Bridge Access Road). d) Limit adverse impacts of commercial uses on adjacent residential properties by requiring a fence and/or landscaping buffer on the commercial site. e) Sell or lease city land for commercial uses which generate stable, long-term employment, and which comply with desired design guidelines. A portion of the property in question is zoned Suburban Residential. Because we will be recommending a zoning change to general commercial, we will not review residential land use strategies. For reference, they may be located on Page 22 and 23 of the City of Kenai Comprehensive Plan. Recommendations- Of the following recommendations, the first should be addressed immediately. Address the environmental problems that exist. A Phase II Environmental Assessment of properties outside the FAA Tract should be initiated and aggressive action taken to gain FAA participation in potential cleanup costs. Selection of a consultant for the Phase II work could begin immediately with field work involving testing, monitoring wells, etc. taking place through the winter. During spring 2000, the City could remove the known UST and proceed with other work that may be needed, such as removal of the quonset huts and other cleanup. The City should consider rezoning the Daubenspeck property. The suggestion would be to rezone the northern section to General Commercial and the southern portion to Conservation. The current Suburban Residential zoning does not appear the best use of the property and the proposed designations seem to be more consistent with the adjacent zoning, General Commercial and Heavy Industrial. Attached is a map showing current zoning. A second map shows the proposed zoning changes. The portion of the Daubenspeck Property recommended for rezoning to Conservation should be set aside to allow for a park incorporating the parking area that is currently located on the bluff at that site. The recommendation would be to include the Russian Mission Reserve property in the rezoned Conservation area. As stated earlier in the report, it is believed this property is the site of the original Shkituk' Village and Conservation appears a more appropriate zone for this property. The proposed Kenai Daubenspeck and Adjacem Properties Developmem Plan Page 6 Coastal Trail could incorporate this parking area and park imo the proposed plan. This would provide an access point to the trail from eastern end of the trail. In addition, the recommendation would include rezoning the unsubdivided remainder of Spur Subdivision, Senior Citizen Addition that is along the bluff to the gully to Conservation. This would maintain consistency of zoning along the bluff area. The City should consider pursuing release from BOR restrictions, which are on the FAA Football Field to other property clearing that land for other use. · Additional access should be provided to the Daubenspeck Property from Bridge Access. (cc) ENSP SI 98 RTY (IH) Ii U,S,S, 104 AMEN:itEl] TRACTS G e n e:ral ,Co m m e r c i al Suburban Residen rial Heovy Industriol (IH) (RS) KENAI TIIELA. NDS SURVEY NO, 1 Gravel Trail Water Line Sewer Line City of Kenai Daubenspeck Property Existing. Conditions Daubenl.DWG 9-7-99 C4~i~ CRIB sYs'n~ PERTY 5.5 GAl- DRUId STQRA~ - DDT SI '98 U.S,S. 104 AMENDED TRACTS A.,B.,&C O Buried Hazards Possible Landfill Area Gravel Trail Wa'ter Line Sewer Line KENAI TIDELANDS SURVEY ND. ! City of Kenai Daubenspeck Property Potential Problems Dauben3.DWG 9-7-99 (c) ECK SI 98 U.S.S. 104 AMENllE'I} TRACTS A,.B,&C Gen,eral Commercial Conservation (C) Heavy Industrial (IH) (oc) KENAI TII)ELANI~S ~URVEY Nil, 1 Gravel Trail Water Line S:ewer Line City of Kenai Daubenspeck Property Proposed Zoning Dauben2.DWG 9-7-99 IAI ~ z zz z 0 0 z 0 o o z z z 0 z o o 0 · z 0 m u.I Z ~" 0 o 0 tO 0 0 0 0 ~> t~l 0 0 O> I'-- O~ 0 0 0 eO ~- 0 ~-' w ~ n ~ Ltl .--, ====, 13:: Z Z UJ <[ -- W 0 <oZ w 0 n ~ n,' 0 n i-- ILl O_ 0 ~ a z ~ [z::z uJ w ~ w '~ zuJ w ~_ > z o o PURCHASE ORDER JGOLDENROD- ACCOUNTING J JCANARY- ACCOUNTING J JBLUE . SHIPPING & RECEIVINGJ JGREEN - APPROVED COPY J ~,NK - REQUISmTIONER j TO CITY oF KENAI J, 210 FIDALGO STE. 200 PHONE 283-7538 KENAI, ALASKA 99611 VENDOR NO. Wince-Corthell-Bryson " THIS PURCHASE ORDE~ NUMBER MUST APPEAR OI~ ALL PACKAGES AND PAPER'. RELATING TO THIS PUR CHASE. NO. Date ~ 0 / ~ / 9 ~ SHIP VIA. BY m FINANCE DIRECTOR DELIVERY DATE PREPAY SHIPPING. CHARGE .J F O B PER QUOTATION PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE J THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLE QUANTITY ORDERED UNIT UNIT PRICE AMOUNT , Survey boundary of Daubenspeck Property - Tract C; Spur Subd., Senior Citizen Addition; FAA Tract and unsubdivided remainder north of FAA Tract as described in attached proposal. Not-to-exceed $ 3,100. TOTAL $ 3,10 O. ..... , ACCOUNT NUMBER AMOUNT 1,550 001.16.45'11 $~~X0~00 020. 92. 45 31 1,550.00 DEPARTMENT Land /Al rpnr~ T,~'nr't WINCE-CORTHELL-BRYSON BOX 1041, KENAI ALASKA 99611 907-283-4672 City of Kenai. 210 Fidalgo ? Suite 200 Kenai. Alaska 99611 Attention- Klm Howard Airport Lands Mgr. Subject: Proposal for Surveying Services Tract C, Daubenspeck Property F.A.A. Tract. Spur Subdivision Friday, October 0 l, 1999 __RECEIVED -- CITY OF KENAI It is our understanding that you wish the following survey items to be performed' Retrace boundary of the following: a) Daubenspect Property. Tract C b) Spur Subd., Senior Citizen Add.. FAA Tract & unsubdivided remainder north of FAA Tract. 2. Reset lost or destroyed comers o Locate toe of river bluff, and top of stable bluff as determined by projecting bluff slope to surface. This work is to be performed along above named Tract C and USS 192, Tract B at 100 foot intervals. 4. Set rebars at future Frontage Road R/W Line across northern tip of Tract C. 5. No platting is proposed as part of this phase of work. 6. Provide survey of record drawing. We proposed to perform this survey work for an amount not to exceed $3.100.00. charged in accordance with our 1999 Schedule of Rates and Charges. If you have any questions, please contact our office at your earliest convenience. Very truly yours. WINCE-CORTHELL-BRYSON Philip W. Bryson. P.E. 0 :D 0 m · o li.I 0 IE 0 m o Lo o o o ~ o~I o 03 I',- co ED 0 cO ~ 0 0 LU ~ 0 UJ UJ n~ z Tony Know/es, Govern Municipal & Regional Assistance Division 333 W. 4th Avenue, Suite 220, Anchorage, AK 99501-2341 Telephone: (907) 269-4500 · Fax: (907) 269-4539 · Text Telephone: (907) 465-5437 Email: questions@dced.state.ak.us · Website: www. comregaf, state.ak.us/mrad-dced/home.htm October 1, 1999 CERTIFIED/RETURN RECEIPT REQUESTED Z 126 445 592 The Honorable John J. Williams Mayor of Kenai 210 Fidaigo Ave., Ste. 200 Kenai, AK 99611 Dear Mayor Williams: RE: 1999 FULL VALUE DETERMINATION As required by AS 14.17.140 (Public Schools Foundation Program) and AS 29.60.010 (State equalization of tax resources for municipal services), the Department of Community and Economic Development has determined that, as of January 1, 1999, the full and true value of taxable real and personal property within your municipality is as follows: Real Property: Personal Property: State Assessed Property (AS 43.56): TOTAL: $321,408,500 $ 98,940,300 $ 4,226,970 $424,575,770 This full value determination may be appealed administratively by you within fifteen (15) days of receipt of this notice under the provisions of 19 AAC 30.092. In addition, AS 14.17.140 also allows for judicial review of the determination. If you have any questions concerning our full value determination for 1999, please contact our office at 269-4605. Sincerely, cc: Steve Van Sant State Assessor Kenai Peninsula Borough School District Superintendent Commissioner of Education "Promoting a healthy economy and strong communities" ~Ep--24--99 11:22 AM JOHN. J.WILLIAMS 90? ~8~ ~104 · ..'".::6,; 1064 · September 22,1999 City of Kcnai Honorable Mayor John Williams P.O. Box 459 Kenai, Ak. 99611 Fax: 283-3104 2 1999 I have been asked by individuals and organizations to volunteer for an open scat on the Kenai River Special Management Area Advisory Board. Under (AS 41.21.500) "To prote¢! and perpetuate the fishery and wildlife resources and habitat ha the trait and adjacent area", "To manage recreational uses and development activities in the unit and adjacent area" I have studied these two statutes and others that relate to the KRSMA board as well as the goals of the Kenai River Comprehensive Management Plan and I feel that this is a very important project in sustaining our diverse way of life here on the Kenai Peninsula. I do accept this challenge, and 1 will do my best to f'md solutions that will adhere to the statutes and to the missions of the KRSMA board. Thc board at present does not have representation from a person with my diverse and long time family history in the community. The Shadura's have been in the Kenai area and have been representative of the local way of lit~ tbr 100yrs! With this perspective I hope that I can bring a different beneficial voice to this board. The KRSMA board has expressed its frus~tion in having approved appointments to this board. It is this reason that I am writing to you today, in the hope that you would consider submitting a letter of reference to the names and address's below. Thank you for your consideration! Paul A. S hadura II P.O. Box 1632 Kenai, Alaska 99611-1632 Hm. 907-262-1771 Fax 907-262-1064 E-Mail SABAKA~PTIALASKA.NET Alaska State Parks K.R.S.M.A Advisory Board Chris Degemes P.O. Box 1247 Soldotna, Ak. 99669 FAX 907-262-37 ! 7 Office Of The Governor Boards and Commissions Heather Bradner P.O. Box I 10001 Juneau, Ak. 99811-0001 9--29--99; 4:24PM;RIBELIN LOWELL & CO. ;907 260 624C Kenai Central High School High School Booster Club 9583 Kenai Spur Hwy. KenaiAK. 99611 9/28/99 City of Kenai 210 Fidalgo Street Kenai Ak., 99611 Atto: Carol Frees RE: Kenai Central High School Hockey Booster Club Dear Carol, In the past, The City of Kenai has supported our high hockey team by purchasing a full page ad in our program. These program are sold at all of our home games which the proceeds go to out booster club help pay for ice practice, jerseys, and additional travel expenses. This year, we will be traveling to Noth Pole as we need to sell as many ads as possible to help f or any costs for this trip. We very much appreciate the City of Kenai's support for our team! If you have any questions, please feel free to give me a call at 260-6246 (8'30-5:00p.m.) President-Kenai Central High School Hockey Booster Club 9--29--99; 4'24PM;RIBE~IN LOWELL & CO. ;907 260 6249 ~ 3/ 4 9--29-99; 4:24PM;~IBELIN LOWELL & CO. ;907 260 6249 9--29-99; 4:24PM;RIBELIN LOWELL & CO. ;907 260 6249 ~ 2/ 4 KARDINAL HOCKEY BOOSTER CLUB LOCAL COMMUNI~ SUPPORTING LOCAL KIDS 1999-2000 SEASON TAX ID. NO. 92-0147470 ADDS: SUPPORT MESSAGE $25.00 YOUR SUPPORT M~SSAGE: ¼ PAGE ADD IA PAGE ADD FULL PAGE AD $ 75.00 $125.00 $200.00 DONATIONS; $ 500.00 PLAQ~ & SEASON TICKETS FOR ALL HOME GAMES FOR 2 PEOPLE $1,000.00 PLAQUE & SEASON TICKETS FOR ALL HOME GAMES FOR 4 PEOPLE ATTACH: BUS.SS CARD LOGO USE CURRENT AD FROM YELLOW PAGES SUI~PORTER: ADDRESS: PHONE: THANK YOU FOR SUPPORTING KCHS HOCKEY. YOUR CONTRIBUTIONS WILL BE USED TO HELP PURCHASE PRACTICE ICE, EQUIPMENT, JERSEYS AND ADDITIONAL TRA~L EXPENSE'S WE NEED TO RAISE. Please make your check payable to' K.C.~S. HOCKEY booster club Our mailing address is: 9583 Kcnai Spur Hwy Kenai Ak.., 99611 P. O. Box 2655 September 15, 1999 Soldotna, Alaska 99669 Phone: (907) 398-2329 Fax: (907) 260-2605 ~ Mayor John Williams And Members of the Kenai City Council 210, Fidalgo Suite 200 Kenai, AK 99611 Dear Mayor Williams and Members of the Kenai City Council' Thanks again for the City of Kenai's very generous support of the 1999 Peninsula Winter Games. The board of directors and I are pleased to present you with the 2000 Peninsula Winter Games' sponsor information booklet. On February 5-6, 2000, we're looking forward to the biggest and best Winter Games' yet, with activities scheduled for Alaskans of all ages. There will be a youth hockey tournament, an adult basketball tournament, horse sleigh rides, a kids' dog weight pull, speed skating, cross country skiing races, a junior musher sled dog race, a colored ice cube hunt for small kids and much, much more. For the 2000 Games, we'll add more indoor family events at the Central Peninsula Sports Center, to ensure that 'Games' attendees have a sampling of outdoor and indoor activities to choose from. Please take a minute to review the sponsor information booklet and feel free to call with any questions. We very much hope that you will once again be a sponsor of the Peninsula's largest winter sports and recreational event. Sincerely, Peninsula Winter Games _._Board ...... of Directors & Staff"~" /z.~~ /zP ~,,~-~~ Faron Owen, President, Kenai Peninsula Toudsm Marketing Council; Mike Gutsch, Treasurer, CentraYPeninsula General Hospital; Sandra Ghormley, Homer Electric, Assn., Richard Brown; Bob Favretto, Kenai Chrysler Center; Bruce Hardy, Coca-Cola Kenai; Ken Lancaster, Mayor, City of Soldotna; Diana Spann, MACtel; Mike Sweeney, Sweeney's Clothing; Senator John Torgerson; Richard Campbell, Kenai Peninsula Borough; Debbie Hutson. Enstar; Heather Arnett, Executive Director $500 Contribution Level & Above * Contributors at the $500 level and above may sponsor a specific event. * Contributors' company names and loges will be included in a minimum of five Peninsula Clarion newspaper advertisements. It is likely that all these advertisements will be at least one-half page in size. * Company names and loges will be included in at least one Anchorage Daily News promotional advertisement. * Companies will be identified in publicity as a specific event sponsor and there will be banner signage at the event identifying the sponsor. * Companies will receive sponsor name and event recognition in ~e distributed program schedule which will be available at event venues and at other high-traffic Peninsula locations. * Companies will receive Sponsor name recognition in a newspaper thank you advertisement following the event. * Contributors at this level will receive free breakfast at the event breakfast. $100 - $499 Contribution Level * Company name recognition in the distributed program schedule- which will be available at event venues and other Peninsula locations. * Company name recognition in a newspaper thank you advertisement following the event. * Contributors at this level will receive free breakfast at the event breakfast. Please take a minute to review ~he sponsor levels below. We've attached a Sponsor Registration Form which can be faxed to our Executive Director, Hea~er Amett, at (~07) 260-2605. Thank you very much for your generous support of the Peninsula Winter Games. $500 Sponsors Contributors at this level may sponsor one of the following events' · Radar Speed Puck Shoot · Speed Skating · Tustumena 200 Ceremonial Start - · Figure Skating Rides for Special' Needs Kids · Native Youth Olympics Demonstration · Colored Ice Cube Hunt · My Buddy 'N Me Kids' Dog Weight Pull · Skijoring Race · Horse Sleigh Rides · Gymnastics Demonstration · Broom Hockey & Snowmachine Rides for Kids~~~ Indoor Kids' Activities Sponsorship and coordination of an indoor kids' activity at the Central Peninsula Sports Center (the main Games' venue). Please note that your company should discuss with the Games' executive director your activity idea and should organize and staff the activity during the Winter Games. Activities might be a cake walk, a ring toss contest, an .indoor fishing pond, indoor miniature golf or a myriad of other ideas. $1000 Sponsors Contributors at this level receive free entry to all events. In addition, these contributors may sponsor one of the following events: · Youth Basketball Tournament · Peninsula Winter Games Breakfast · Adult Basketball Tournament · Log Sawing Demonstration & Contest · Teen Dance · Snowshoe Softball · State Championship Dog Weight Pull · Kids' and Adults Cross Country Skiing Races and Games $2,500 Sponsors Same as $1,000 sponsors, plus sponsorship of one of the following events' · Youth Hockey Tournament · Al York Memorial Junior Musher Sled Dog Race $5,000 Sponsors Peninsula Winter Games Co-Sponsors Same as $2,500 sponsors, plus sponsorship of any of the above listed Peninsula Winter Games events and identification in all publicity as a full co-sponsor of the Games. In event publicity, Peninsula Winter Games co-sponsors, contributing at the $5,000 level, will have their names and Iogos in the largest type, $2,500 contributors will have their names and Iogos in the next largest type, then $1,000 contributors and then com- panies contributing at the $500 level. Those contributing less than $500 will also be recognized and that recognition package is listed above. ,,~~~ Thank you for your support! ~. February 5-6, 2000 Sponsor Information Packet In the year 2000. the Peninsula Winter Games will ceteDrate i~s 23rd anniversary of providing a premier winter recreational event with a multitude of activities for youth and adults from around Alaska. The Peninsula Winter Games has grown to become the Kenai Peninsula's largest win- ter sports and recreational event with over 3,000 youth, adults and spectators partici- pating in over 20 different activities. The Games have a special emphasis on offering a variety of winter activities for Alaska's young people. Events include a vouth hockey [ournamen,:. which draws [eams from several Alaskan . communities, a kids' dog weigh~ pull. snowshoe softball, speed skating, horse sleigh rides, a colored ice cube hunt for kids. an adult basketball tournament featuring teams from around the state, dogsled rides for children with special needs, the State Championship Dog Weight Pull and much more. As in previous years, the Peninsula Winter Games will be held in partnership with the Tustumena 200. one of Alaska's premier sled dog races and a qualifying race for the Iditarod. Kids get in free to all Winter Games events. Economic Benefit to the Peninsula The cost of hosting the 2000 Peninsula Winter Games. including support designated for the Tustumena 200 Sled Dog Race. is estimated at $70.000. In addition to the expen- diture of~ these funds, we estimate an additional $80,000 or more in expenditures in the community from those attending the games. This $150.000 total will circulate several times through the local economy providing economic stimulation for a variety of businesses. including hotels, airlines, restaurants, gift shops, general retailers and more. Sponsor and Community Support We are very appreciat,ve of the assistance provided to the Games each year from over 250 community volunteers and the very generous support provided by our Peninsula Winter Games sponsors. The Peninsula Winter Games offers our contributors many opaortunities to be recognized for their su~Dort. ._. · Our sponsor recognition program includes the following' . ..... INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 6, 1999 o o . 9 / 15 / 99 Kenai City Council Meeting "To Do" List. 9 / 15 / 99 Cook Inlet RCAC, Council Briefs. 9/99 Resource Development Council, Inc., Resource Review. KENAI CITY COUNCIL MEETING SEPTEMBER 15, 1999 "TO DO" LIST ADMIN: CLF: Check whether any Atco trailers are available for purchase for use as heated restrooms at the multi-purpose ice facility. Include South Beach Fishery on the October 6 council meeting agenda. Include discussion on Daubenspeck/FAA properties on October 6 meeting agenda. Advertise council review of FAA/City bluff properties, scheduled for September 20 at 6:00 p.m. Notify KCHS of Student Government Day being scheduled for November 17, 1999 council meeting. September 15, 1999 R CAC 99-14 *******FORUM DRAWS LARGE AUDIENCE TO HOMER******* Over 100 people attended the Cook Inlet RCAC's "Safety of Navigation in Cook Inlet" forum on September 9th and 10th in Homer. The forum was an effort by the RCAC to focus attention on issues related to safe navigation and oil spill prevention in Cook Inlet. The participants in the panel discussions included representatives from many aspects of the marine shipping industry in Cook Inlet. Elected officials (local, state, and federal) along with village leaders, environmental representatives, commercial fishing interests, oil company executives, and Coast Guard personnel were also featured on the panels. The forum was forttmate to have two guest speakers. State Senate President Dine Pearce gave the keynote address on Friday morning and Prince William Sound RCAC Executive Director John Devens spoke at the luncheon Friday afternoon. Perhaps the most consistent theme during the discussions that took place was the need for a risk assessment study for Cook Inlet. Almost every speaker agreed that there was a level of risk in shipping product through Cook Inlet. But there was no consensus on what the magnitude of risk is or what prevention measures are needed to reduce the risk. Several of the panelists on the opening day remarked that while there may be prevention tools in place in central and upper Cook Inlet, the same cannot be said for the lower Inlet. The panelists said the lower Inlet was at risk, especially in light of the fact there is not a response/assist vessel stationed in the area. Captain Ed Murphy, representing Southwest Alaska Pilots Association on the opening panel, said SWAPA didn't have a position on the subject. But as a resident of Homer, Murphy said the idea of a response vessel stationed in the Kachemak Bay area made sense to him. On Friday, panelists representing industry and government agencies pointed out that before any steps are taken there needs to be a risk assessment study done. Tesoro Senior Vice-President Tim Plummer said the study needs to take into account all marine traffic in Cook Inlet, not just tankers. The third panel, made up of elected officials, made it clear that until a risk analysis study is completed it will be very difficult to find any money for prevention measures. Kenai Peninsula Borough Mayor Mike Navarre said there are a lot of funding options, but an assessment study is needed to justify the expenditure of any public funds. The message from the forum was clear and Cook Inlet RCAC will immediately begin researching the most efficient and cost-effective way to develop a risk analysis study for Cook Inlet. (Back) ***********FORUM cont ................ ************************** While a risk analysis study needs to be completed before any major prevention measures can be undertaken, the forum was able to identify several other steps that could have an immediate impact on safety of navigation' · SWAPA pilots suggested that better navigational charts are needed for the Inlet, especially for areas around the dock near Nikiski. Representatives fi'om the National Oceanic and Atmospheric Administration said soundings were taken this summer and updated charts should be available next year. · Pilots also complained that a range light, which would assist them in dockings at Nikiski, is on hold because of a dispute with the owner of the private land where the light will be located. Kenai Peninsula Borough Mike Navarre said he would look into the matter and try and reach an agreement with the landowner. ~ The Department of Environmental Conservation is going to be paying a lot of attention to ice rules this winter in Cook Inlet. Commissioner Michele Brown said the department is preparing new guidelines for shipping in ice and should be ready to take public comment on the roles this fall. Earlier this year, thick ice caused problems for several vessels. In February, the Chesapeake Trader lost ten barrels of oil after its hull suffered a crack while moving through ice in central Cook Inlet. · Shippers should be able to use a remote camera that is being set up on the Dillon oil production platform in Cook Inlet. The Cook Inlet RCAC-sponsored project will allow mariners to get a real-time view over the Interact of ice conditions as they transit the Inlet. The success of the forum was a direct result of the willingness of many different interest groups to put aside their differences and speak frankly about the issues on the table. There were many areas of disagreement, but the tone of the discussions throughout the two days was positive, with an emphasis on problem-solving. Cook Inlet RCAC will strive to sustain the momentum generated at the forum and continue to work towards strong oil spill prevention measures for Cook Inlet. ******CIIMMS WORKSHOP RESCHEDULED******************* The Department of Natural Resources has postponed workshops that are being set up to promote a new database system for the Cook Inlet watershed. The new dates and times for the Cook Inlet Information Management and Monitoring System workshops are: September 24th Kenai Peninsula College Soldotna, 10am - lpm and September 25th Kachemak Bay Branch, UAA Homer, l:30pm - 4pm CIIMMS representatives will also make a special presentation at the Cook Inlet RCAC's quarterly meeting on September 17th. *********COOK INLET RCAC QUARTERLY MEETING********* SEPTEMBER 17, COOK INLET AQUACULTURE ASSOCIATION BUILDING, KENAI, 9AM Cook Inlet Regional Citizens Advisory Council- 910 Highland Ave.- Kenai, Alaska 99611 - 907-283-7222 ~/~ ~~ $~~~' ~; ~rctic Slope Regional Corporation ~...~, I periodic publication of the Resource Development Council, inc. SEP2 11999 ANILCA: 20 years of broken promises? On December 2, 1980. Presi- dent Jimmy Carter signed the Alaska National Interest Lands Conserva- tion Act (ANILCA)into law, convert- ing more than 100 million acres of Alaska, an area equal to the entire state of California, into national parks, refuges, wilderness areas and units of the Wild and Scenic Rivers Sys- tem. With the stroke of a pen, almost one-third of the state was set off limits to mining, logging and many other uses. ANILCA, however, promised that traditional uses prior to 1980 would be permitted and there would be no more withdrawals in Alaska. it also promised Alaskans continued access to the land and resource. These promises are contained in special provisions of the law which framed a compromise that was key to ANILCA's passage. However, in the 19 years since ANILCA's passage, federal land managers on numerous occasions have withdrawn new lands, added more regulations and have progressively tightened restrictions -- in many cases through disputed interpretations of the lands act. In national parks alone, large areas have been put into the most restrictive land use categories, inhoiders have (Continuecl to page 4) R DC offers ti ps on how to make ANILCA better Murkowski plans to introduce legislation to revise Alaska/ands act Editor's Note: The foflowing text is an excerpt from RDC's oral testimony presented by Executive Director Ken Freeman August 10 before a field heanng of the U.S. Senate Energy and Natural Resources Committee in Anchorage. More extensive written comments were submitted to the congressional record. With less than one percent of Alaska in conventional private ownership and 60 percent under federal jurisdiction. how federal land managers implement ANILCA is of paramount concern to RDC. One primary issue of significance to all Alaska resource industries is access. DespiTe the congressional intent embodied in ANILCA and its access provisions, there continues to be a general deterioration of public access to federal lands and inholdings. Unless we effectively challenge a creeping more restrictive federal mis- management, much of which is inconsistent with ANILCA. major segments of Alaska will remain inaccessible and traditional uses guaranteed under the law will continue to disappear. (Continued to page 5) RDC Executive D/rector Ken Freeman and Steve Boreti. Executive D/rector of the Alaska Miners Association. address ANILCA issues before Senator Murkowski last month. by Ken Freeman D EC's decision to drop wastewater permitting raises serious concern in the regulated community In response to a 56 percent cut in '. the disposal of domestic and industrial its budget since 1991, including a i wastewaterdischarges. Facilities such S339,000 unaiiocated reduction in its I as municipal sewage treatment plants. 2000 budget, the Alaska Department , seafood processing plants, oil and gas of Environmental Conservation (DEC/ ; exploration and deveiopment and mining has decided to defer key water quality : activities will all be impacted. Permits permitting actions to the federal gov- ernment. As a result. DEC will no longer ~ssue 401 certifications on NPDES permits issued by the Environmental Protection Agency (EPA) and permits for dredge and fill in wetlands and wa- terways issued by the U.S. Army Corps of Engineers. DEC's latest decision has very serious ramifications for Alaska's major resource industries and the economy as a whole. NPDES permits authorize ........ ,, Resource Review is the official periodic publica- tion of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit eco- nomic development organization working to de- velop Alaska's natural resources in an orderly manner and to create a broad-based, diversified economy while protecting and enhancing the envi- ronment. Executive Committee Officers President ...................................... Jim Branch Sr. Vice President ..................... Robert Stiles Vice President ..................... Charles Johnson Secretary ...................................... Uwe Gross Treasurer .......................................... Stan Foo Past President ......................... Allen Bingham Staff Executive Director .................... Ken Freeman Deputy Director .................... Carl R. Portman Finance/Membership ........... Steven Dougherty 'Special Assistant ......................... Tadd Owens RDC is located at 121 W. Fireweed, Suite 250, Anchor- age, AK 99503, (907) 276-0700. Fax: 276-3887. Material in this publication may be reprinted without permission provided appropriate credit is given. RDC's e-mail address: resources @ akrdc.org RDC's web site address: www.akrdc.org Writer & Editor Carl Portman for dredge and fill in wetlands and waterways involve cons[ruction projects ranging from road building and subdivision development to dredging for marine navigation and site development for the oil. gas and mining industries. consequences for Alaska industry will be severe. Because DEC's decision could eventually close down much of Alaska's recreational and industrial base. it's clearly not good for business in Alaska. RDC represents a wide range of Alaska businesses, industries and communities. Our collective ioelieves economic reality needs to play a major or greater role in setting regulatory priorities. DEC has recently convened a Activities that DEC will no longer stakeholders working group on waste- perform for affected facilities include water permitting. The agency has asked permit reviews and approvals, reviews . the group to review and assess v of monitoring reports, inspections and limited technical services DEC sh. enforcement ofwaterqualitystandards. ' perform to support Clean Water Act Moreover, DEC will no Iongerauthorize ~ Section 402 and 404 federal permits mixing zones, zones of deposits (ZOD) : with its current year funding and to and short-term variances. This poses a very serious problem to Alaska because these options will not be available under a federal program without state partici- pation. Mixing zones and ZODs are necessary because Alaska's water quality standards, if read literally, would prol~ibit virtually any economic and recreational activities in the state that discharge even the smallest quantities of waste water into jurisdictional waters. In the past, DEC has allowed for flexibility in the application of water quality standards, including mixing zones and ZODs. While budget reductions have af- fected DEC's ability to fully maintain the level of services it has previously pro- vided to the citizens, businesses and industries of Alaska, the agency's choice of priorities and its decision to drop wastewater permitting has raised deed concern in the regulated community. If DEC makes good on its decision to no longer authorize mixing zones or i zones of deposit, the economic discuss potential options for a renewed state effort in discharge permitting. The agency is to be commended !or taking the initiative to organize a broad-based debate on this critical regu- latory issue. However. the agency may find it rough going in defending its new set of priorities. Some legislators and others have taken DEC to task for drop- ping wastewater permitting, especially after the Legislature appropriated $4.3 million to the Water Quality Division, ,not including $1.7 million for Non-point Source Pollution grants. Likewise. legislators, federal agencies, industry and other stakeholders will be challenged to assist DEC in overcoming the agency's wastewater management dilemma and to accomplish needed regulatory reform .and agency efficiencies. With budget tensions grow Alaska's water quality program is. . turning point. It's time to consider op- "OHS for the future that will protect the e.nv~ronmen[ while sustaining a healthv ~'usiness climate in the 49th state. Page 2/RESOURCE REVIEW / September 1999 Thoughts from the President by Jim Branch Timber supply deal good for Alaska The Alaska congressional delegation and the Clinton administration recently reached an agreement that directs the Forest Service to make available a sufficient quantity of timber from the Tongass National Forest for what remains of the small logging operations in Southeast Alaska and for the proposed veneer plant in Ketchikan. The deal provides for a consistent independent timber sale program in the Tongass for all timber purchasers over the next two years. It aisc provides flexibility for Louisiana Pacific Corporation to harvest its remaining timber volume on a schedule that is consistent with the plans of Gateway Forest Products to operate a veneer plant in Ketchikan at the site of the old pulp mill. The agreement is a tangible step forward to preserve jobs and paychecks in Southeast Alaska's timber industry. With this agreement, there will be a sufficient timber supply to allow the veneer plant to proceed and to guarantee a market to sustain other components of the region's wood products industry. A mere one-half of one percent of the forested lands in the Tongass National Forest is available for logging. A recent agreement will allow for a consistent supply of timber to industry. Gateway is a new Alaska company that is currently negotiating with Louisiana Pacific to purchase assets of Ketchikan Pulp Company (KPC). Gateway hopes to complete its acquisition later this fall and to build the veneer plant next summer. The agreement allows Gateway time to move forward with its plant and feed it with 100 million board feet of timber volume already purchased by KPC. The Resource Development Council and the Alaska Forest Association believe this deal is good for all the operators in the Tongass. Forest Association Executive Director Jack Phelps pointed out that the independent timber sale program is of critical importance to the remaining industry in Southeast Alaska. "This is an industry in transition" Mr. Phelps told RDC recently. "The most important issue for us is stability and consistency of volume. The delegation understands this and has worked very hard to get the Clinton administration to allow the Tongass National Forest to stabilize its offerings." Both AFA and RDC are pleased with the broad support in Alaska leadership which came together to make this deal happen. The work of the delegation was critical and the support of the Governor's Office was aisc verv important. We also applaud the Forest Service for its willingness to reach an agreement with our wood products industry that will lead to more value- added processing in Southeast Alaska. Home Depot announces new wood purchasing policy The Home Depot. the world's largest home improvement retailer, took the occasion of its 20th anniversary to announce that it will stop selling wood products from environmentally-sensitive areas. By the end of 2002. the company will require that its wood products carry a "certified" label. To carry the label, a supplier's wood must be tracked from the forest, through manufacturing and distribution, to the customer and must ensure a balance of social, economic and environmental factors. Home Depot also repor'~ed it will award more than S750.000 in grants to nearly 60 environmental groups during 1999. Tine company's focus areas will include forestry and ecology, green building practices and i recycling. U.S. Forest Service faces another lawsuit over timber Last summer, environmenl:ails[s sued the Forest Service. claiming it was allowing for the harvest of too much tim,)er in the Malheur National Forest. and. in the pro- cess. harming streams that are home to endangered and threatened fish s,oecies. Now. local government officials and business ~nterests in the Eastern Oregon countv are Diannincl to sue the aaencv, too. claiming It isn't letting loggers take aown enough trees. IBv not cutting more timDer. the agency is damaging streams and threatening the fish. !ocal officials argue. They say the agency's meager offerings hurt the economv of a county that's heavily dependent on timber revenue. At issue is how the Forest Service responded to a devastating fire in the Malheur and to the recent outbreak of the pine beetle, wnioh coionlzed quickly among the remaining fire-weakened trees. Local officials claim the agency has ignored the infestation and that remaining trees are likely to die. leading to erosion into stream beds and increased water temperatures. Both im,oacts would harm the fish and are v~olations of the Clean Water Act and Endanc~ered Species Act. local officials ._ contend. September 1999 /RESOURCE REVIEW / Page 3 AlasK,:,ns give Murkowski grim assessment on AN ILCA (Continued from page 1) been squeezed out of many areas and mining operations have been shut down completely. Alaskans from all walks of life and economic sectors last month offered Senator Frank Murkowski a grim assessment of the federal government's track record of implementing ANILCA. Murkowski. Chairman of the Senate Energy and Natural Resources Committee. held a hearing in Anctqorage August 10 to look into ANILCA and take testimony from Alaskans. many who claim promises in the lands act have been routinely broken by federal agencies. Representatives from the state's resource industries and Native corporations charged that land managers have shot arrows into the heart of ANILCA's's special provisions which recognize Alaska's unique access and traditional use considerations. They said that federal agencies, through their interpretation of the law and the discretion exercised in implementing the act. have essentially gutted key provisions. Murkowski said the hearing convinced him to introduce legislation later this year to revise the lands act. The amendments, he said. would include language directing federal agencies to provide better access to federal lands and private property surrounded by those lands. Broken promises Steve Boreii, Executive Direc[or of the Alaska Miners Association. looks at next year's anniversary of ANILCA as 20 years of broken promises, in his testimony before Murkowski. Borell noted that several federal agencies have broken and continue to break promises made in ANILCA. He explained that ANILCA made a number of commit- ~nents to the mining industrv and spe- cifically pointed out that "no more" land in Alaska would be considered for set- asides into special restrictive designa- tions. Borell targeted the National Park Service, insisting the agency has done everything possible to stop all mining activity within the boundaries of park units. He said the agency's actions have been calculated, deliberate and illegal efforts to deprive miners of their rights under ANILCA. He said the Park Ser- vice has been stringing miners along by continually asking for more data and it has refused to approve any plans of operations for mect~anized mines. Boreil said the agency has crafted environ- mental impact statements in a way that "We have had our t/mt economy taken away and now it appears just as we begin to make a profit that tourism will not be allowed in the Tongass Forest." - Joe Beetle lng to an anchored float dock the corpo- ration operates in Rudyerd Bay inside Misty Fjords National Monument. Goldbelt has been operating in Rudyerd Bay more than 20 years. Sea planes anchor at the floating dock to exchange and transfer tourists from a flight por- Chugacn Alaska Corporation President Shed Buretta testifies at the August hearing of the Senate Energy aha Natural Resource Committee hearing in Anchorage. Goidbeit President Joe Beedle is seated' at/eft. mining could not be permitted. Officials from Goldbelt. Inc., and Chugach Alaska Corporation. two Na- tive corporations, told Murkowski that the Forest Service has been taking steps to prevent them from using their land. Goidbelt President Joe Beedie re- ported that ttqe Forest Service ~s obiect- tion of a tour to a cruise portion. The ~loat is not attached to the land and is under the jurisdiction of the State of Alaska Division of Lands for Submerr,,"d lands involving an anchor permit. The Forest Service is objecting Lo the issuance of a seasonal permit, even thougn no contact with land is made in ,,' Continued to page 6.) Page 4/RESOURCE REVIEW /Septeml:)er 1999 RDC reflects on AN ILCA, offers recommendations ('Continued from page 1) In the Chugach National Fores[ proposals are i:)eing made that will severely restrict access. These proposals, which include new Wilderness designations and additional wild and scenic rivers, are clearly at odds with the "No More" intent language contained ~n Title 1. Section 101(d) of ANILCA. Rivers designated as wild and scenic are. by definition, conservation system units and are not allowed under ANILCA. Aside from the fact that additional wild and scenic river designations are not legal. access to private lands and numerous known and potential mineral reserves will be blocked. The Forest Service is also encouraging public nomination of Wilderness outside the Chugacn National Forest Wilderness Studv Area designated througiq ANILCA. The Chugach National Forest was directed by ANILCA to study and provide recommendations to Congress for additional Wilderness within the Nellie Juan-College Fjords Wilderness Study Area. This recommendation was to be forwarded to Congress within three years of the passage of ANILCA. No recommendation was ever made to Congress. Meanwhile. the entire 1.97 million acre area continues to be managed as a de facto Wilderness area without Congressional designation. Further. there appears to be no time requirement for the Secretary of Agriculture to ever resolve this issue. Ti~e primary ANILCA issue significance to tourism and its future economic contribution to Alaska is also access. Federal agencies are attempting to preserve wilderness values in areas that are not congressionally designated Wilderness. Agency management strategies that emphasize wilderness values over other uses preclude access. As a result, the ability to accommodate visitor needs and provide for a diversity of visitor/recreational experiences is increasingly difficult. The Chugach National Forest staff has proposed land use designations more restrictive than ANILCA provisions and more restrictive than the Tongass National Forest Plan. The proposed land use designations appear to lack a balance between preservation, conservation and development. The primitive designation allows no motorized use. regardless of traditional activities. Land use designations are also being proposed to ban traditional flightseeing fixed wing motorized act~vities in Wilderness and other des~anated areas. Access for larger groups is not allowed in areas managed for bacKcoumrv, primitive or more wild settings. Large groups can view the fores[ from the wa[er, put they can't touch it. Increasingly, federal agencies are adopting plans that ban or propose to Dan traditional motorized fixed wing and helicopter flightseeing landings. The Chugach Forest Plan revision process proposes to ban or restrict helicopter as well as fixed wing flightseeing in many of the land use designations outside Wilderness Studv Areas or recommended Wilderness. "A new mandate for a 'no net loss' of economic productive federal/ands is needed in Alaska and should be considered as part of any package mod/fying ANILCA." It is very difficult to develop or upgrade surface (road) access to open public lands and disperse tourism and recreational activities. Many of the agencies appear to have a "no growth" philosophy, regardless of their legal mandate and are managing for wilderness-type values outside ANILCA desidnated areas. R EC(),~ !~ I I': N I)..\ T i () NS' 1) Similar to NEPA requirements. federal agencies should be required to document "cumulative impacts" of their management decisions on a larger, more regional scale. For example, the Chugach National Forest Plan should take in[o account the thousands of acres of land [~urchaseci by the Exxon Valdez Oil Spill settlement funds, the Wrangell St. Elias National Park and Preserve. the Kenai Fjords National Park and the Chugach State Park which border the forest. These lands adjoining and within the national forest set aside iquae areas that already prohibit or restrict resource development. By lOOKing only the lands each respective agency manages. the cumulative impacts of management decisions are ignored, resulting ~n more sui:)lic lands being off limits to There are arowina ,~3c~al and environmental impacts wiqen huge areas pt 3uDiic lands are w~ttqdrawn from muitlDle use. Existing and proposed designations continue to reduce Alaska~s timber and mineral resource base. Many designations also preclude opportunities to expand Alaska's tourism industry or sustain other industries. A new mandate for a "no net loss:' of economic productive federal lands is needed in Alaska and should be considered as part of any package modifying ANILCA. 2) Full implementation of Section 1010 which mandates a thorough and accurate inventory of oil, gas and min- eral resources on federal lands in Alaska should occur. The inventory should be expanded to include timber resources on federal lands. Nearly twenty years after the passage of ANILCA. comprehensive resource inventories are still lacking. 3) ANILCA should mandate and designate surface access corridors to private lands and to lands important for public resource management. 4) ANILCA should restate the intent of Congress with respect to future Wilderness and wild and scenic river designations. The "No More' language of Section 101(d) is clear in expressing Congressional intent against the establishment of additional CSUs or other non-multiple use areas. The problem is that federal agencies have been working effectively to get around the clear intent of Congress. They argue that their evaluations are not for a "single purpose" and therefore studies for more Wilderness and wild and scenic rivers are allowed. Federal agencies also nave [}een justifying their studies and recommen- dations for additional CSUs by citing conflicts between different authorizing statutes. There is a justification for making it clear that ANILCA supersedes any earlier laws authorizing CSUs. in regard to wilderness evaluations and designations. ANILCA should establish specific timelines that require federal agencies to provide recommendations to Congress and when Congress must act upon the recommendations. 5) Modify the language in Section 1110 to read "aircraft" instead of "airplane." Helicopter and fixed wing aircraft tour operations which include landings and overflights should generally be allowed. Where conflicts are identified, seasonal uses. frequency and routing options should dominate over an outright ban. 6) Revise ANILCA to ensure aircraft landings and overflights of public lands are not prohibited. Emphasize and clarify the ability to continue fixed wing landings. Septem~)er ~999 / RESOURCE REVIEW / Page 5 More restrictions sought on pollock fishery to protect Steller sea lions Environmentalists have asked a Seattle judge to further curtail pollock fishing in the Bering Sea and Gulf of Alaska, including a ban on harvests in critical habitat areas of the endan- gered Steller sea lions. Greenpeace has asked U.S. Dis- trict Judge Thomas Zilly to end all pollock fishing in the Steller sea lion critical habitat areas northeast of Unalaska Island, as well as cut the total allowable catch in the Gulf of Alaska by 30 percent and 20 percent in the Bering Sea. The pollock fishery, Alaska's richest and worth more than $700 million, operated under emer- gency regulations during its latest opening in August. However, the next season, set to begin September 15, would be gutted if the judge rules in favor of Greenpeace. The North Pacific Fisheries Man- agement Council (NPFMC) has banned factory trawlers from operating in criti- cal habitat areas during the fall season, but catcher vessels are allowed to op- erate under strict measures and catch limits. Greenpeace and the Sierra Club sued the National Marine Fisheries Service (NMFS)in 1998, claiming the agency had not done enough under the Endangered Species Act to protect the Steller sea lions, whose western population has fallen sharply throughout the 1990s. The agency issued a "biological opinion" last year that pollock fishing in the Bering Sea and Gulf of Alaska could hinder the recovery of the sea lion populations since pollock is a food source for the mammals. The fishing industry sharply disagrees with the opinion and believes more study and peer review is required to accurately assess the impact fishing may have on sea lions. NMFS, along with the NPFMC, imposed emergency regulations to protect the sea lions, including sharp cuts in allowable catches, closure of (Continued to page 7) AN ILCA: Alaskans give Murkowski grim assessment (Continued from page 4) Misty Fjords. "We are concerned that their engagement will impact our ability to operate profitable tours in this area," Beedle said. "We have had our timber economy taken away and now it ap- pears just as we begin to make a profit that tourism will not be allowed in the Tonaass Forest :' Chugact~ AlasKa President Sheri Buretta said the Forest Service contin- ues to drag its feet on granting the corporation an easement to reacl~ its timber in the Chugaci~ National Forest. "As a result of pressure from envi- ronmental groups and the administra- tion. we have had nothing but delays," Buretta said. "The outspoken opponents to Chugach getting our rights are heavily funded, although many have never even stepped foot on the land they are so driven ~o take from us." Buretta added. In 1986 the Forest Service I:)egan work to provide Chugacn with an ease- ment for access ~o its land. The ease- ment was guaranteed in a 1982 settle- ment that transferred 73,000 acres within the Chuaaclq National Forest to the Native corporation. Recoanizina that the en~re value of the ~anct depended 3r~ access, the agreemen~ guaranteed Chugach access across Forest Service land for the purpose of economic devel- opment. Chugach has since spent more than $1 million addressing environmental concerns and paid the Forest Service over $100.000 to review studies and orocess the easement application. How- ever. des[~i~e an agreemen[ last year. ~!:e agency has not granted the ease- ment. Chugach officials note that their frustration is not with the Forest Service employees in Alaska who have worked hard to get the easement completed. but with high level administration offi- cials in Washington. D.C. Leslie Howell. Project Analyst and Permit Coordinator for Temsco Heli- copters, requested Murkowski to fix a problem created by the Forest Service in its management of recreation access in wilderness areas. She noted that a 1997 decision by Regional Forester Phil Janik prohibited all general public helicopter access into all wilderness areas in Southeast Alaska, represent- ing one-third of the forest and many of the region's prime recreational sites. "HelicoD[ers nave operated ~n These w~lderness areas for nearly 50 years. and the Forest Service is improp excluding them" Howell testified. said the agency is ignoring ANILCA provisions which specifically permit use of helicopters where their uses have been established prior to 1980. Howell asked. "How can the Forest Service justify this total ban wtqen Con- gress spoke twice that it wanted access by aircraft to these very large unroaded areas to remain open?" She said the . ban applies only to the general public, ' not to government use and manage- ~ ment. in response to sharp questioning from Murkowski. Regional Forester Rick Cables said the decision to ban "helicopter landings from wilderness areas was based on maintaining a . balance of uses in the Tongass and the Iact that helicopter flightsee~ng had not yet reached the saturation point in non- wilderness areas of the forest. He indicated his agency would revisit the decision once the saturation point is reached outside wilderness. However. in both the Tongass the Chugaci~. the Forest Service has banned helicopters from landing in non- '.,v~iderness areas too. ensurina that the saturation point is never reached. Page 6 /RESOURCE REVIEW / Septemiaer 1999 Resource groups wary as Chugach revision process moves forward By Tadd Owens As the Forest Service moves forward with its revision of the Chugach Land Management Plan, a broad range of interests supporting multiple uses in the nation's second largest national forest remains concerned with the process, as well as potential management outcomes. Both the manner in which the draft alternatives will be analyzed and how critical information will be displayed on maps has been called into question by members of the development community. The Resource Development Council. the Alaska Forest Association. Alaska Miners Association, Alaska Visitors Association, Chugach Alaska Corporation, and the Anchorage Snowmobile Club continue to work closely with the U.S. Forest Service on the revision of the Chugach Land Management Plan. Currentlythe Forest Service:s interdisciplinary team (IDT) is reviewing draft alternatives. A selected range of alternatives will be submitted to the Regional Forester in October. The Final ElS is scheduled to be released in June of 2000. Members of the public and the IDT have submitted over 20 draft alternatives. From this pool, the IDT is looking to present a"reasonable range" of alternatives to the Regional Forester the legal issues a given alternative might raise. RDC believes several of the proposed alternatives will require changes to federal law in order to be fully implemented. RDC recommends a legal screen be used to help present the Forest Supervisor with a truly balanced range of reasonable alternatives. RDC also noted each proposed alternative should be reevaluated in light of the completed resource assessments. The development community believes the Forest Service is sacrificing important information in a rush to complete the ElS by June 2000. Although the IDT will never obtain "perfect information," many find it irresponsible to move forward when better information will be available soon. Moreover, the resource assessments may provide information critical to achieving some level of compromise on sensitive issues. Concerns have also been expressed regarding the manner in which alternatives will be evaluated in terms of their merit in dealing with the important issues identified by the public during the initial public comment period. Current Forest Service maps require an entire watershed or sub-watershed be given only one management prescription. For example, when the Resource for consideration. The I DT has i Development prescription is applied to considerable flexibility in determiningI' a specific watershed, the entire area is what makes up a reasonable range, i labeled Resource Development on including the ability to create additional alternatives if a suitable set cannot be generated from the existing drafts. Each alternative will undergo a formal screening process before a decision is made to drop the alternative, combine it with one or more similar alternatives, or recommend it to the Regional Forester. Although the Forest Service has established a detailed screening process. RDC and others believe important analytical tools have been left ouT. For instance, the current screening process does not consider Forest Service maps, even though only a fraction of the watershed may be suitable for development. In the Chugach. there is no suitable timber located above 1.500 feet of elevation. Nonetheless. an entire watershed or sub-watershed will be designated Resource Development in order for suitable timber below 1.500 feet to be accessed. The same situation applies to many of the areas of known high mineralization. In order to be evaluated fairly, those alternatives which call for the Resource Development prescription should break down the total acres of recommended Resource Development land into three ; categories: Suitable Timber, High Mineral Potential and Land Not Suited for Resource Extraction. Displaying the Resource Development lands in these three subcategories will give the public a more accurate understanding of the extent and location of activities that may realistically take place on any given piece of ground. Without a breakdown, the public will be led to believe much larger portions of the forest are available for development than reality dictates. RDC has also proposed several changes to the information displayed on maps applying to each alternative. RS-2477 easements, proposed roads and Native land selections should all be displayed in an effort to provide "truth in advertising;' to the public. There is seri- ous concern the public will be misled regarding access issues if this informa- tion is not displayed. Steller sea lions- More restrictions sought large areas to fishing and breaking up the traditional pollock season into four periods throughout the year. Earlier this summer. Judge Zilly ruled that NMFS failed to explain its rationale for the regulations, giving en- vironmentalists a first round win in their lawsuit. While the measures may pro- tect the sea lions, the judge says NMFS has not provided an adequate analysis justifying that conclusion. Alaska's pollock fishery is one of the world's largest with an annual har- vest of about 2 billion pounds worth hundreds of millions of dollars. The fishery employs more than 4,000 people and is a critical component of many coastal communities. A significant cut in the harvest would be a serious eco- nomic setback to the fishing fleet and processing plants concentrated in Dutch Harbor and Kodiak. September 1999 / RESOURCE REVIEW / Page 7 TO B U I LD A GLOBAL ECONOMY YOU NEED STRONG ROOTS Since 1972, Arctic Slope Regional Corporation has built upon its deep roots in the Arctic to nurture and grow a corporation that serves our Inupiat shareholders and competes in the demanding world of global competition. ASRC is now an international family of companies. Our operating subsidiaries span the globe, providing us ~virh diversi .fy, strength and stability.. From the top of the world to around the globe. ASRC - competing in the new economic environment. P.O. Box 129 Barrow, Alaska 99723 · www.asrc.com Resource Development Council 121 W. Fireweed. Suite 250 Anchorage. AK 99503 ADDRESS SERVICE REQUESTED Page 8 / RESOURCE REVIEW / September 1999 Mayor John Williams City of Kenai 210 Fidalgo Ave.. Suite 200 Kenai AK 99611 Bulk Rat,.. U.S. Postage PAID Anchorage, AK Permit No. 377 October 6, 1999 CITY COUNCIL MEETING PUBLIC WORKS MANAGFRS RFPOR? KORNELIS The city has just received its long awaited NPDES (National Pollutant Discharge Elimination System) permit. It is juSt in time because this will be one of the last permits ADEC will handle. It is going to be handled by US EPA in the futuro. The neW permit will be good until 2004. All bill paying water customers in Kenai will-be receiving a Consumer Confidence Report, called CCR, in the mail next week..This is the fimt required Annual Drinking Water Quality Report. The city did not have any violations in our test rosult~ but we did have some contaminant~ show up in 1996 in well house 3 and lead and copper in the distribution system. These contaminants are on the report as required. Ail other contaminants that we tested for were below detectable limit~. Them will be an ad in the newspaper telling non paying customers where they can pick up a CCR. Carol Freas From: To: Sent:' Subject: System Administrator Jay Barrett (Business Fax); Jim Elson (Business Fax); Sandra Ghormley (Business Fax) Friday, October 15, 1999 1:58 PM Undeliverable: 10/20/99 Kenai Council Meeting Agenda Your message did not reach some or all of the intended recipients. Subject: Sent: 10/20/99 Kenai Council Meeting Agenda 10/15/99 1:39 PM The following recipient(s) could not be reached: .lay Barrett (Business Fax) on 10/15/99 1:58 PM Invalid phone number. Jim Elson (Business Fax) on 10/15/99 1:58 PM Invalid phone number. Sandra Ghormley (Business Fax) on 10/15/99 1:58 PM The line was busy. Carol Freas From' Sent: To' Subject: Carol Freas [cfreas@ci.kenai.ak.us] Friday, October 01, 1999 1:29 PM Deresa (Business Fax) Kenai City Council Meeting Agenda - 10/6/99 Microsoft Word - Document6 ext. 231. or publication on Monday, October 4, 1999. Thanks. Carol Problems? Call me at 283-7535, AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 6, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak.us ITEM B' SCHEDULED PUBLIC COMMENTS {10 minutes) o KT Peters -- KCHS Yearbook Staff/Request for Purchase of Advertising. ITEM C: PUBLIC HEARINGS o Resolution No. 99-55 -- Confirming the Assessment Roll on the Crow Court Street Improvement Special Assessment District. . Resolution No. 99-56 -- Adopting an Alternative Allocation Method for the FY2000 Shared Fisheries Business Tax Program and Certifying That This Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in the Cook Inlet Fisheries Management Area. ITEM G: OLD BUSINESS o Discussion -- Property Use Plans/Tract C, Daubenspeck Property; FAA Tract Property; FAA Football Field. ITEM H: NEW BUSINESS o Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 o Discussion -- Dip Net Fishery/South Beach EXECUTIVE SESSION- Annual Evaluation of City Attorney and City Clerk. ITEM K: ADJOURNMENT INFORMATION ITEMS KENAI CITY COUNCIL MEETING OCTOBER 6, 1999 , 9/15/99 Kenai City Council Meeting "To Do" List. , 9 / 15/99 Cook Inlet RCAC, COuncil Briefs. o 9/99 Resource Development Council, Inc., Resource Review. MAKE 22 PACKETS COUNCI~ PACKET DISTRIBUTION COUNCIL MEETING DATE' /~/~//~ Mayor and Council Fire Department Attorney. City Manager Police Department Senior Center Library Parks & Rec. Finance Public Works Airport Engineer Clerk Taylor Springer K¢~ull Kim 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 Iles, 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 faxed as soon as possible after Noon on packet day. Home Page documents (agenda, resolutions and ordinances for public 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.