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HomeMy WebLinkAbout1999-11-03 Council PacketKenai City Council Meet ing Packet November 3, 1999 AGENDA KENAI CITY COUNCIL- REGULAR MEETING NOVEMBER 3, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us ITEM A: . 2. 3. 4. 5. ITEM B: o ITEM C: , . ITEM D- o 2. 3. 4. 5. 6. 7. CALL TO ORDER Pledge of Allegiance Roll Call OATHS OF OFFICE Agenda Approval Consent Agenda *All items listed with an asterisk (*} are considered to be routine and non-controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENTS (10 minutes} Mayor Williams/Larry Semmens -- AML Presentation Preview, "Strategies for Economic Development for Sma J1 Communities. '~ PUBLIC HEARINGS Ordinance No. 1843-99 -- Finding That Certain City-Owned Airport Land, Described as Lot 1, Spur Subdivision, Senior Citizen Addition, Is Not Required for a Public Purpose. Resolution No. 99-60 -- Supporting the Development of Natural Gas Resources in the Wolf Lake Area of the Kenai National Wildlife Refuge. 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 October 20, 1999. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS . Bills to be Paid, Bills to be RatiSed . Purchase Orders Exceeding $2,500 . Approval -- Certification of Local Government Approval for Non-Profit Organizations/Kenai-Soldotna Women's Resource & Crisis Center. , Approval -- Zecee Crow Lease Rescission 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- None Scheduled ITEM K: ADJOURNMENT -2- MAYOR'S REPORT NOVEMBER 3~ 1999 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD AT: ADD AS: D-3/D-6, Kathleen Peters' application for appointment to Harbor or Planning & Zoning Commission Information Item No. 4 -- 10 / 27 / 99 DOT letter regarding Kenai Spur Highway Unity Trail. CLERK CLERK CONSENT AGENDA None. MAYOR'S REPORT INFORMATION ITEMS KENAI CITY COUNCIL MEETING NOVEMBER 3, 1999 Xe o , Non-Exclusive, On-Airport Automobile Rental Concession Agreement State of Alaska/2000 Gaming Permit Application - Women's Resource & Crisis Center. 10/99 Resource Development Council, Inc., Resource Review. -3- > 0<0 o~ > ,,>;, z ~ > 0 Z 0 ~~ z,,, o~< ~J o ~ 0 <~:~ > o<o ~~=~ o~O Suggested by: Administra CITY OF KENAI ORDINANCE NO. 1843-99 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALAS~, FINDING THAT CERTAIN CITY-OWNED AIRPORT LAND, DESC~BED AS LOT 1, SPUR SUBDIVISION, SENIOR CITIZEN ADDITION, IS NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, the City of Kenai owns the property identified as Lot 1, Spur Subdivision, Senior Citizen Addition; and .,. WHEREAS, the City has received a request asking that the referenced property be made available for sale; and WHEREAS, the City Administration recommends the property be made available for competitive bid sale at not less than the fair market value; and WHEREAS, KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose; and WHEREAS, the Kenai Planning and Zoning Commission has reviewed the attached maps and has determined that the property is not needed for a public purpose and recommends the property be made available for sale. 'NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-owned Airport land, described as Lot 1, Spur Subdivision, Senior Citizen Addition, is not required for a public purpose. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of November 1999. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Attachments Introduced: Adopted: Effective' October 20, 1999 November 3, 1999 December 3, 1999 (10/14/99)kh CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum Date: To' From: October 14, 1999 Richard A. Ross, CiTM Manager ~ Kim Howard, Administrative Assistant ~~ Ordinance No. 1843-99-- Finding that Lot 1, Spur Subdivision, Senior Citizen Addition is not Required for a Public Purpose In December of 1983 the City received a deed from the Federal Aviation Administration allowing the lease or sale of the above referenced property. Lot 1, Spur Subdivision, Senior Citizen Addition is a 1.94 acre parcel located in front of the Senior Citizens Center. The site was formerly leased to The Continuum Corporation for the construction of an assisted living facility. That lease was terminated in May of 1998. The City recently received a request asking that the property be made available for sale. KMC 22.05.010 states, "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for public use." Sale would be by competitive bid at not less than the fair market value. The Kenai Planning and Zoning Commission reviewed the ordinance and attached maps and recommended the parcel be made available for sale. The Commission requested that a copy of the information be forwarded to the Parks and Recreation Commission. A memorandum has been sent to them noting the item will be on the consent agenda for the October 20th Council meeting and a public hearing will be held on November 3rd. Attachments Cc' Dr. Zirul, d/b/a Peninsula Ear, Nose, and Throat Clinic /kh AS-BUILT LEGEND · Rebar/Pipe (found/ (~) Sewer Manhole ! F.B. #: 95-2. pp. 24-25 Scale: "'" = 60' KENAI RECORDING DISTRICT Plat: 91-47 [Date: ~4 February. 199~ , , town' REW IW.O. ,~ 95007 jDisk: DT\SDur S,,'D INTEGR£T¥ S UR VE YS 605 SWIRES DRIVE KENAI. ALASKA 99611 SURVEYORS 28.3-9047 PLANNERS , Note: l l0 feet of the buJt~ltnq aetl~3cl~ I o(3Mcent to Riqnt-of-Wev.J ,$ ! reserveo tar ut,Jify easement. , I NOTE: The City Engineer has placed water and sewer main locations on this as-built survey. L~NE LEGEND Underoround TeleBnone Overneod Electric Underorounc Electric Underground Natural Oas CERTIFICATION As-Built Certificate I hereby certify mat the ~mDrovements hereon exist es shown on the following ~escr~oed prooerty. Lot t · Sour Subdivision Sen~or Citizen Addition and that no encroocnments e.'s,, excel2[ cs ,noicateO. Exclusion Note: It is the responsibility at the Owner to oetermme the existence of (3nv easements, covenants, or restrictions wt'ticl3 aa not oDDear on the recoroeo subdivision DIG[. Unbar no c~rcumstances snou~o any aata hereon be useO tar cons[ruction or ~or estaDiisnino Dounaarv or fence lines. ProDertv Assessment Report II Tax id' 4705507 Citv of Kenai Lot Size' 1.9400 Acres Generated: '10/08/99 Assessed Value: $194400 1:2400 DATABASE · C.~D FRONTAGE ROAD SENIOR CT. ,Owner(s) I KENAI CI'I'~ OF , Year Built Structures Area Bedroom s/B athroom s N/A Property Address 38O SENIOR CT KENAI AK 99611 Mailing Address 210 FIDALGO AVE STE 200 KENAI AK 99611-7750 Legal Description T05N R11W S05 KN910047 SPUR SUB SENIOR CITIZEN ADDN LOT 1 City Zoninq GENERAL COMMERCIAL Tax Assessment Assessed Structural Value Assessed Land Value Assessed Special Value. Total Assessed Value Exempt Value $0 $194400 $0 $194400 $194400 MEMO: TO- Kenai City Council FROM- Matthew Peters Date- October 18, 1999 Subject: Lot 1, Spur Subdivision, Senior Citizen Addition After viewing the property in question (Lot 1, Spur Subdivision, Senior Citizen .Addition) ! am of the mind that the Council should not part with the land without giving the matter deep and serious thought. Who knoWs what values and uses the lot could have in the next century? Will there ever be plans to expand Vintage Pointe Manor'? Will the city need land for facilities · that are now unneeded or unknown? These are questions that should be carefully considered. The value of this property, can only increase, how will the city benefit by selling it at this time? There is only so much land to go around and the city should be very hesitant to relinquish any of it. 'This is just the humble opinion of a Parks and Recreation Commissioner, a citizen, and a student. CITY OF KENAI ~OLUTION NO. 99-60 Suggested by: Mayor Willia A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE DEVELOPMENT OF NATURAL GAS RESOURCES IN THE WOLF LAKE AREA OF THE KENAI NATIONAL WILDLIFE REFUGE. WHEREAS, the exploration and production of oil and gas natural resources has provided the economic foundation of Alaska, and specifically the Kenai Peninsula; and, WHEREAS, the exploration and production of oil and gas on the Kenai Peninsula has provided an environmentally preferred fuel for heating and power generation in South Central Alaska for more than 30 years; and, WHEREAS, Marathon Oil Company has been involved in exploration and production of oil and gas in Alaska for nearly 50 years and is recognized as a prudent operator throughout the world with their primary focus on the safety of personnel and protection of the environment; and, WHEREAS, Marathon Oil Company has operated the Beaver Creek Field within the Kenai National Wildlife Refuge since 1972 without significant impact to the environment and has worked closely with the U.S. Fish & Wildlife Service to protect the Refuge; and, WHEREAS, commercial quantities of natural gas have been found in the Wolf Lake Area, within the Refuge and Marathon Oil Company has been selected by the Cook Inlet Region, Inc. to explore and develop their natural resources in the Wolf Lake Area, in accordance with the Alaska Native Claims Settlement Act; and, WHEREAS, the surface impacts required for development of the natural gas resources in the Wolf Lake area (including well pads, pipeline and access road) will be less than 50 acres or 0.0026% of the Refuge's total acreage of 1,950,000 acres and Marathon Oil Company has worked closely with the U.S. Fish & Wildlife Service to identify the best route for a pipeline to mitigate impact to the environment and wildlife. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, to support Section 1: Continued development of the natural resources within the Kenai Wildlife Refuge, and specifically the Wolf Lake Area where the mineral interests are owned by the Cook Inlet Region, Inc. as outlined in the Alaska Native Claims Settlement Act; and, Section 2: The building of a natural gas pipeline, tying the Wolf Lake Development into the current pipeline system at the Beaver Creek Field will allow the natural gas to be marketed and will provide jobs in the Kenai Peninsula area, with minimal impact to the Refuge. As a part of the evaluation of the Environmental Impact Statement, these economic considerations should be considered in addition to the impacts to surface acreage and wildlife. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of November, 1999. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Project Briefing for Public Scoping Meetincjs For Wolf Lake Natural Gas Development' This project briefing was prepared by Marathon Oil Company to provide information to the public regarding the Right-of-Way Application for the proposed construction of a natural gas pipeline and production facilities for producing wells in the Wolf Lake area. Public meetings are being held to identify the scope of issues to be addressed in the Environmental Impact Statement which is required for the project. Comments generated in response to the Application should be submitted to the US Fish and Wildlife Service as instructed below. Notice The U.S. Fish and Wildlife Service (USFWS~ is gatl~ering information necessary for the preparation of an Environmental Im,Dact Statement I EIS) for tl~e granting of a right-of-way for construction of a prol3osecl natural gas p~peline and facilities ~n tne Kena~ National Wildlife Refuge (KNWR), Kenai Peninsula, Alaska. The ElS will also discuss t~e .~oss~Dle ~mDact attendant to potential development of future gas wells in the vicinity that would utilize the proposed D~pel~ne. Public comment on the proposal will be accepted at SCOl3ing meetings in Soldotna on Marc~ 30. 1999 and in Anchorage on April 1, 1999. In addition, written comments may be submitted, addressee to' David B. Allen Regional Director. Region 7 U.S. Fish and Wildlife 'Service 1011 E. Tudor Rd. Anchorage, AK 99503 Wdtten comments regarding the proposal should be received by April 15, 1999. For Further Information, contact: Brian L. Anderson, U.S. Fish and Wildlife Service, Division of Realty, 1011 East Tudor Road, Anchorage, AK 99503-6199, (907) 786-3379. General Information Marathon Oil Company, a United States corporation, is a fully integrated petroleum company engaged in worldwide exploration, production, refining, marketing and transportation of petroleum products. Marathon has been actively involved in the exploration and production of natural gas in the Cook Inlet since the 1950's. Marathon is the largest supplier of natural gas to the Cook Inlet market. Marathon's Alaskan properties include the Beaver Creek Field (located within the KNWR) where oil and natural gas have been producect since 1972. Maratt~on has 43 employees located in Kenai and Anchorage. Marathon Oil Company proposes to construct a 5-mile natural gas pipeline commencing in December, 2000 to connect ex~sting and future producing gas wells in the Wolf Lake/Finger Lakes/Mosquito Lake area to its existing facilities at the Beaver Creek gas field. Natural gas production and processing equipment will be located at the weit s~te(s) within the Project Area. The Project Area is in the northwest section of the Kenai Peninsula. generally located between Beaver Creek Field and the Swanson River Road ('i'7N, R10W an0 T17N, R9W, Seward Meridian, Alaska). The Project Area is the area within which pipeline construction and future development may occur. The surface estate within the Project Area ~s owned by the United States and is managed by the USFVVS. The sul~surface oil, gas and coat m~neral estate is owned by Cook Inlet Region Incorporated ((giRl), an Alaska Regional Corl~oration established under the provisions of the Alaska Native Claims Settlement Act (ANCSA) (P.L. 92-203). As the owner of a valid inhotclin~ w~hin the KNWR, CIRi is entitled to aaecluate anct feasit~te access to the concerned tanct for economic and other purposes. Oil ancl gas exc)toration and production activities have occurred on KNWR lan(Is s~nce 1959. Marathon operates the existing Wolf Lake #2 gas welt uncler lease from CIRI. As CIRI's designated operator. (anct to enable CIRI to achieve an economic Oenefit from its sul:)surface ~nholding,~ Marathon Oil Company proposes to construct a buriecl, natural gas pipeline ~o transport gas from the existing Wolf Lake #2 gas well, and potentially from other wells which Marathon would operate uncter lease from CIRI, to Marathon Oil ComDany"s existing Beaver Creek procluction facility. Since any Wolf Lake pipeline project enws~onecl woulcl be located within the KNWR, a conservation system unit designated uncler the Alaska National Interest Lands Conservation Act (ANILCA) (P.L. 96- 487), the regulations ~mplement~ng Title XI of ANILCA (43 CFR Part 36) would apply. Therefore, Marathon Oil Company has 13reparea a Title XI TransportationtUtility Systems Permit Application anct filed with the USFWS. The environmental review of the proposed natural gas p~peline project will be conducted in accordance with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4371 et seq. (NEPA), as implemented by the Council on Environmental Quality (CEQ) Regulations 40 CFR Parts 1500-1508, reauirements for Transl:)ortat~on ancl Utility Systems In and Across, ancl Access Into, Conservation System Units at 43 CFR 36, and the pertinent regulations of the USFWS. Upon Completion of the Draft Environmental Impact Statement. a Notice of Availability will be published in the Federal Register. it is anticipated that the Draft EIS will be complete and available to the pul31ic in September, 1999. Proiect Proposal The following descdi~es the proposed design, construction and operation of the pipeline and facilities. This is a conceptual proposal, subject to modification t:)asea upon outcome of the NEPA process: Natural Gas Pipeline Const ,ruction Activities · A natural gas gathering line (6" or 8" diameter) will be constructed from the Wolf Lake #2 welt site to existing infrastructure located at Marathon's Beaver Creek Field. The tine will be approximatelv 5 miles in length. · The right-of-way {ROW) final route wIll be selected with Input from the USFWS refuge biologists to minimize impact to timber areas and wildlife habitat. · Construction wttl occur ~n winter months on frozen soil with snow cover to minimize surface impacts. · The ROW w~ll be up to 50 feet in width and will be cleared of brush for construction activities using a hydro-axe. The ROW will be kept to the minimum width required for construction activities. · After clearing the ROW, a ditch approximately 3 feet wide and 5 feet deep will be dug using a tracked vehicle. · tf encountered, stream crossings will be barricaded and flow tif any during winter months) will be maintained during excavation and pipe laying activities. Stream impacts are not expected to exceed 1-2 days. · The pipeline will be constructed using accel)ted industry practices and codes. Steel pipe shall be externally coated for corrosion protection and hydro-tested to 150% of its rated maximum allowable operating pressure {MAOP). · Additional utilities will be installed in the pipeline ditch with the natural gas pipeline and may include a 3" high density polyethylene line for transport of produced water to Beaver Creek Field for disposal by injection into a permitted Class II underground disposal well, electrical service lines for delivery of power to the Project Area well sites from Beaver Creek Field, and a secondary 4" steel product tine. · Upon completion of pipeline construction, the clutch will be back-filled and all lines will be buried. The ROW will be permitted to naturally re-vegetate and will not be maintainecl for travel. · Construction is expected to occur in the 2000-2001 winter season. The maximum anticipated time required for pipeline construction activities is 42 days. · Several potential routes between the Wolf Lake well site and the Beaver Creek Field are being evaluated. The fin,.. route selection is dependent upon mitigation of impacts to wildlife and habitat, constructibility, and economics. · Two longer (12.5 miles) alternative p~peline routes following existing roads to Swanson River Field and Soldotna may also be evaluated if found to be economicallv feasible. Pipeline 0oeration · The pipeline wilt transport natural gas from the Wolf Lake #2 welt site and additional potential well sites to the production facilities at Beaver Creek Field. Under the De.oartment of Transportation regulations, this pipeline would be defined as a "rural' gas gathenng line and therefore would not fall under jurisdiction of the Department of Transportation Office of Pipeline Safety (DOT-OPS). 49 CFR 192.1. · The anticipated maximum allowable operating pressure (MAOP) of the natural gas pipeline is expected to be no less than 1440 psig. · The pipeline operating pressure and flow rates will be monitored 24 hours per day by telemetry (radio sigrrat) from the Beaver Creek Field and/or the Kenal Gas Field. · Preventive maintenance and corrosion monitoring activities will be performed with frecluency according to applicable industry standards. Monitoring actwities ~nctude pigging to remove accumulated solids and liquids, monitonng of corrosion coupons, and fluid analysis for corrosivity. A chemical inhibition program and/or cathodic protection system will be utilized ~f monltonng activities indicate a need and benefit. Pr.o. duction Facilities and Production Operations · Production facilities will be installed at the Wolf Lake #2 well site in accordance with demonstrated need and sound engineering practice. · Facilities will include only those necessary for tt~e safe operation and monitoring of the well(s) and pipeline.. · Any storage tanks on s~te shall have tull secondary containment. ' · The production facilities and D~pellne functions will be monitored 24 hours per day by telemetry (radio signal) at Marathon's Beaver Creek and/or Kenal Gas Field. Production and pipeline emergency shutdown will be accomplished by automated controls ~n addition to remotelv operated shutdown by Beaver Creek and/or K GF personnel. · The production facility shall be fenced and locked to prevent intrusion. · A locked gate shall be installed on the access road to the Wolf Lake Pad. · Produced water Shall be transl~orted via pipeline to the Beaver Creek Field for injection into a permitted Class 11 disposal welt. · Any other Class II fluids and wastes generated as a result of production activities will be transported to an offsite disposal facility for injection into approved Class II disposal wells. · Any other wastes generated as a result of construction or proctuction activities will be transported to an al~propnate offsite disposal facility. · The estimated life of production activities is 20 years. Upon cessation of production operations, all production facilities will be removecl, wells will be abandoned in accordance with state and federal regulations, and surface sites will be restored. Bunect natural gas p~pelines w~li be pigged to remove all licluids and then a0andoned in place to minimize disturbance and im[~acts Future Development · Current knowledge of the Wolf Lake underground geologic structure indicates a natural gas reserve which may support drilling of three additional wells within the next five years. · It is anticipated that the additional we~ls will be drilled from the existing Wolf Lake #2 well site and/or the existing pad of the abandoned Galena well. · One additional prospect has been identified within the proposed Project Area under this ElS. If this prospect is drilled, one additional well site w~il be built adjacent to existing roads. If the well succeeds in discovering economically recoverable gas reserves, a pipeline lateral connecting to the Wolf Lake #2 welt site will be built following existing access roads to minimize surface impacts. Steps in the NEPA EA/EIS process Identify. Project Develop Alternatives Prepare EA Determine Whether Preferred'Alternative is a Major Federal Action Significantly Affecting the Quality of the Human Environment ---> No- EIS not Required Prepare FONSI Yes- EIS Required Issue Notice of Intent to Prepare EIS -->,->-> Commence Scoping Process . Prepare Draft EIS (DEIS) DEIS Review Period Respond to Comments on DEIS Prepare Final EIS (FEIS) Make Decision and Prepare Record of Decision Key Dates in the Wolf l~ake ElS Process Determination that an EIS is Required January 1999 Public Scoping Meetings- Mar 30, 1999 to Apr 1, 1999 Draft ElS Comment Period- September 1999 to November 199'9 Public Meetings On Draft ElS Washington, D.C. October 1999 Anchorage, Alaska - October 1999 Final ElS Published- January 2000 FWS Right-of-Way Issued- May 2000 List of Acronyms ANCSA Alaska Native Act Claims Settlement ANILCA Alaska National Interest Lands Conservation Act CFR Code of Federal Regulations DEIS Draft Environmental Impact Statement EA Environmental Assessment EIS Environmental Impact Statement FEIS Final Environmental Impact Statement FONSI Finding of No Significant Impact NEPA National Environmental Policy Act USFWS United States Fish and Wildlife Service , KENAI AIRPORT COMMISSION OCTOBER 14, 1999 Kenai City Council Chambers Tom Thibodeau, Chairman 7:00 P.M. ***AGENDA*** ITEM 1' CALL TO ORDER AND ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES- September 9, 1999 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' a. ITEM 6' ITEM 7: OLD BUSINESS Discussion -- Aircraft Landing Fees Discussion-- Ski Strip Promotion NEW BUSINESS Discussion -- Kenai Municipal Airport Noise Abatement Procedures Discussion -- Rental Car Concession Agreement AIRPORT MANAGER'S REPORT ITEM 8: COMMISSIONER COMMENTS AND QUESTIONS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: ITEM 11: INFORMATION ITEMS Kenai City Council Meeting Action Agendas of September 15 and October 6, 1999. ADJOURNMENT KENAI AIRPORT COMMISSION OCTOBER 14, 1999 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. VICE CHAIR HENRY KNACKSTEDT, PRESIDING ITEM 1' CALL TO ORDER AND ROLL CALL Vice Chair Knackstedt called the meeting to order at 7'15 p.m. and the roll was taken as follows: Members Present: Members Absent: Others Present' Bielefeld, Knackstedt, Lorenzen, Van Zee, and Favretto Holloway and Thibodeau Council Member Bannock, City Clerk Freas, Airport Manager Cronkhite and Assistant Airport Manager Holland. ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented and Commissioner Lorenzen SECONDED the motion. There were no objections. ORDERED. SO ITEM 3: APPROVAL OF MINUTES- September' 9, 1999 MOTION: Commissioner Bielefeld MOVED to approve the minutes of September 9, 1999 as presented and Commissioner Lorenzen SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5- OLD BUSINESS Discussion -- Aircraft Landing Fees Airport Manager Cronkhite referred to a memorandum from City Manager Ross which was included in the Commission packet. She noted the memorandum outlined the approach the city manager and council had decided to take on the issue of landing fees. There were no comments from the Commission. Discussion-- Ski Strip Promotion Cronkhite noted, at their last meeting, there was a suggestion to promote the ski strip and with that, the airport would also be promoted. She added, it was her understanding the airport's ski strip was the only maintained ski strip at a tower- controlled airport in the area. Cronkhite referred to a copy of an advertisement she had included in the Alaska State Trooper's fundraiser concert brochure. Cronkhite noted, they were also considering placing a similar advertisement in one of the Anchorage papers to draw attention to the ski strip availability to people in the Anchorage area. There were no comments from the Commission. ITEM 6: NEW BUSINF~S Discussion -- Kenai Municipal Airport Noise Abatement Procedures Cronkhite referred to a letter and noise abatement procedures which were included in the packet. She noted, the procedures were also mailed to the Commission members, as well as members of the public. Cronkhite explained, the procedures were developed through conversations with local residents, various members of the flying community, i.e. general aviation represented by the APOA and the Alaska Airmen's Association, Alaska Airlines, National Guard, Coast Guard, Elmendorf Air Force Base, FAA control tower, etc. She noted, this was a voluntary policy and' termed a "good neighbor" policy wherein pilots coming to Kenai to practice, the airlines operating out of Kenai, etc. work together to use the facility and try to be good neighbors to the residents of the surrounding community. Commissioner Favretto requested the terms of the abatement procedures be reviewed individually. Major Dirk Kane of the Alaska National Guard explained the procedures had been distributed to all their pilots and air crews. He noted, in flying touch-and-go patterns, the policy now directs the pilots to fly out over the water instead of over the housing. He added, some of the simulated instrument procedures would now be flown at a higher altitude (from 500 ft. above the ground to 1,000 ft.I. They would also now be flying outside of the prison area where there is less population. Commissioner Lorenzen asked if they were doing predominantly instrument approaches. Kane answered, they do both instrument, visual and occasionally mission training. He noted, the mission-type training would be airdrop and salt landings where they try to do their landings in. a shorter runway area. Kane noted, there seemed to be an increase in traffic in Kenai which could be attributed to the increase in squadron size at Elmendorf of (2130's and fighters and their needing other areas for practices. Bielefeld asked how many Guard pilots are kept current and how many hours they train in the aircraft. Kane answered, there were 50-60 pilots between i~is and the rescue squadron. He did not have the hours available, but noted they all had to log a AIRPORT COMMISSION MEETING OCTOBER 14, 1999 PAGE 2 set amount of landings, instrument approaches, and other training requirements. Bielefeld asked if simulators were now in use by the Guard. Kane answered they use simulators once a year and primarily for emergency procedures. He noted, they practice one engine out in Alaska, but go out of state and use simulators for two- engines out practices. Bielefeld asked if the procedures would degrade their training. Kane answered, the procedures hampered the circling procedure a bit, but overall, the procedures were very positive. Knackstedt suggested the circling training could be done in Soldotna. Cronkhite stated the Guard was great to work with in developing the procedures. She added, she received a significant amount of objections from Alaska Airlines and ERA because the fuel cost increases when widening the training pattern. She noted, though there were some complaints, the airlines had not stated they were not willing to adhere to the procedures. Dean Eichholtz stated, from the audience, that at least once every six months, the pilots would have to stay within the limitations of a flight check. Kane stated the Guard could look into that concern. Cronkhite noted a statement on the procedures explained the aircraft are under the direction of the air traffic control tower and for reasons of safety, the aircraft could be diverted from the policy at any time to provide separation, etc. She noted, they would not always be able to comply as strictly with the maneuvers. Cronkhite added, when not training, a lot of the aircraft coming in for regular landings would be following normal procedures. She noted, a missed approach procedure sometimes generates noise over the neighborhoods and the aircraft have been breaking off their missed approaches further away from the runway in order to turn out prior to getting to the runway. She added, she believed this was a good policy for training and general goal for pilots not to fly over the neighborhoods. Bielefeld stated he wanted to be sure the pilots were getting good training as it was critical for them to get it. He added, the circling approach is a critical maneuver. Bielefeld noted, he was very much in favor of the noise abatement procedures, but felt it should be recognized it is an airport and airports make noise. He suggested the procedures be seen as a way to minimize the noise, but know there will be some noise. Cronkhite thanked Kane and his associates in their help developing the procedures. She added, it is a working procedure which will be continually reviewed and adjusted. Jill Lipka -- 1802 Veranda Court, Kenai. Stated she received a copy of the procedures in the mail, but requested they be reviewed point by point, and the terminology be defined. Cronkhite reviewed the terminology and drew a rough graphic on the chalkboard in order to do it. She noted, the procedures require a contact phone number from the airline, Guard, etc. in order for her office to contact them if complaints are received or for the public to call them. Favretto noted, members of the public who have been around airports are used to the noise and may not realize there are problems. He encouraged the public to contact the airport with their concerns. AIRPORT COMMISSION MEETING OCTOBER 14, 1999 PAGE 3 Chris Campbell, 1525 Toyon Way, Kenai -- Stated she and her family moved back to the Kenai area in June. She noted, she and her husband debated whether to live inside the city or not. Campbell added, she really supported having the noise abatement procedures in place. She is aware there will be exceptions to the rule, but noted it had been very nice to sit in their yard and have a conversation. Campbell thanked the Commission and added, she appreciated the work gone into developing the procedures. Jill Lipka -- Thanked Cronkhite for the explanation of the procedures. She asked if there would be a consequence for anyone who doesn't follow the procedures. Cronkhite answered, the complaint would first be investigated to determine whether the non-compliance to the procedures was air traffic driven or not. If it is a habitual problem, the organization would be contacted. Cronkhite also reported the noise complaints were now being tracked and addressed in a positive manner. Debbie Sonberg-- 410 Cinderella, Kenai. Noted the planes had occasionally been flying directly over her neighborhood. She asked if the abatement procedures directed planes away from one area of town, would they be affecting other neighborhoods instead. Cronkhite answered, ff they were flying in the normal pattern, they should not have been flying over Sonberg's house. She noted, the planes could have been separated by the tower or because of wind, variables, etc. Cronkhite added, the basic pattern would have the planes fly over the industrial area, but when the airport gets busy, separation problems arise. She noted, the airport had been busy lately because of the nice weather. She requested the audience to contact her at her office if problems arise. Sonberg added, she believed the procedures were a good plan and a great start. Rebecca Lambourn -- Lamboum complimented the entities working on the procedures and with the public. She noted she was told Elmendorf had been sending more flights to Kenai and asked if this was true. Cronkhite answered, because the Anchorage bowl was becoming more crowded, more training flights were coming to Kens_/. Lamboum noted the last several years had been difficult living on the bluff with the noise from the airplanes. She added, Kenai was becoming the training area for many airplanes and that should be given some thought; whether Kenai wants to be a training area for planes. Lamboum added, the procedures had helped a lot and suggested more variety in the training traffic patterns as the repetitiveness was bothersome. She also suggested the 10:00 p.m. cutoff for training flights be changed to 9'00 p.m. (because of bedtimes for children, school nights, etc.) and no training flights over the weekends or at least on Sundays. She noted, she was also interested in having well-trained pilots and realized the airport or noise won't go away. She thanked administration for the abatement procedures. AIRPORT COMMISSION MEETING OCTOBER 14, 1999 PAGE 4 Dean Elchholtz -- Stated when he first came to Kenai, it was a lot less inhabited. He noted, the airport is a major contributor to the taxes in the city. He added, the 'Anchorage airport had become busier due to upgrading their runways and growth. In order to train their pilots, they have been forced to come to Kenai or' go to Homer. He added, he believed the amount of training flights would decrease in the next year because of the addition of runways in Anchorage; they will be able to handle more traffic. Eichholtz offered free flights to anyone wanting to look at the airport, its traffic procedures, etc. from a pilot's perspective. Commissioner Lorenzen suggested those with complaints should contact the airport manager because the Flight Service Station and Tower have different procedures. DiscUssion -- Rental Car Concession Agreement Cronkhite referred to a memorandum included in the packet regarding the car rental bid documents and the draft bid documents which were distributed at the beginning of the meeting. She noted, the leases had been on hold for about six months and it was now time to re-bid them. She added, the memorandum outlined the direction administration was tatting toward re-bidding the leases. Cronkhite explained, the matter would be included on the November 3 council meeting agenda. She requested any comments be forwarded to her by October 22 in order to review and consider them for inclusion prior to the council meeting. Cronkhite also reported, a copy of the draft bid documents would be distributed to the car rental companies in the morning in order for them to review them and forward comments to her by October 22 as well. Lorenzen asked if there were more companies interested than space available. Cronkhite explained, the terminal was designed for five concessions and two of the current concessionaires were allowed to combine two areas for their spaces. Since then, a fourth company requested space and is now using a small booth at the end of the counter space. She added, she has had other interest expressed and they were aware of five businesses interested in space in the terminal. She noted, fair procedures dictate that when a lease is due, it be public noticed in order to offer the opportunity to bid to everyone. She added, the draft bid documents were not a lot different from the previous bid documents; the guaranteed minimum bid would give an opportunity to the businesses to select a first, second and third choice based on their competitive bids which is standard for the industry. Commissioner Van Zee noted he had not read the complete document, but questioned if the documents were requesting a guaranteed annual minimum, based on a minimum monthly payment to the city, or ten percent of the gross revenue of the concession. He asked, if a business waS paying in excess of ten percent for one month, would it be permissible to deduct it in the next month when ten percent fell greater than the minimum. Cronkhite answered, the bid documents were written so the bid is based on a minimum annual guarantee. Because the payments are made monthly, the AIRPORT COMMISSION MEETING OCTOBER 14, 1999 PAGE 5 concessionaire pays 1/12 of the minimum annual guarantee. She added, the concessionaire pays the greater of the minimum annual guarantee or ten percent of gross, whichever is greater. Cronkhite explained, one month the concessionaire may pay the minimum bid and the next month a concessionaire may pay ten percent of gross, depending on which was greater. She added, for the most part, it would be assumed a concessionaire would not bid a high minimum annual guarantee that would be significantly higher than ten percent of their gross revenue. However, people are allowed to bid whatever they deem is reasonable and profitable to them. Cronkhite stated she was open to suggestions in the wording, however the wording in the documents was industry standard. Van Zee asked if Cronkhite was talking about a monthly or an annual. Cronkhite explained, the minimum annual guarantee is an annual guarantee; the bill is paid monthly like the rent bill, i.e. 1 / 12 on a monthly basis. The minimum annual bid allows the airport to plan revenue. She added, the contract was written so that the greater of the two is paid; if the ten percent of gross was under the minimum bid, the higher of the two is paid. If the ten percent of gross is higher than the minimum bid, that would be what is paid. Van Zee asked, in essence there is occasion when more than ten percent of gross is paid. He asked, if the annual guarantee is met by August of the year, would they then continue to pay $1,000 a month? Cronkhite answered yes, although what he was suggesting was something she had seen in some rental agreements. She added, that would be a suggestion to take up prior to adm/nistration presenting the documents to council. Cronkhite noted, what Van Zee was suggesting (once the minimum guarantee is met, the concessionaire pays ten percent of gross for the remainder of the year} has been included in some leases in the industry. Bielefeld asked if the payments were reviewed in November or December to see if a concessionaire has paid too much. Cronkhite answered, not under the current agreement. Councilman Bannock asked if bid documents were based on a calendar year or on the city's fiscal year. Cronkhite answered, the calendar year. Bannock added, then in January, February and March, there was a chance a concessionaire would be paying greater than ten percent of the receipts, but with the June, July and August business, the concessionaire would have completed the $12,000 minimum bid and would be paying in September, October, November, December, only ten percent. Cronkhite added, that was Van Zee's proposal which she would take to administration as a suggested change to the draft. Van Zee referred to the snow removal language in the draft contract and asked if it was the airport's intention to remove snow of the rental car lot to a higher priority. Cronkhite answered no, and added, the plowing priority at the airport is set by FAA standards; runways, taxiways, emergency accesses are the first priorities. She added, AIRPORT COMMISSION MEETING OCTOBER 14, 1999 PAGE 6 she didn't foresee the rental car lot snowplo~ng accomplished differently than it is done currently. Cronkhite explained, the crew would get to plowing the lot as soon as possible which is normally fairly quick. She added, it was her understanding there had always been good cooperation between the rental companies and the crews. Cronkhite noted, language regarding snow removal from the rental lots had not been included in the contracts previously. Van Zee asked if other city facilities would be plowed prior to the car rental lot. Cronkhite answered, she foresaw no changes and added, the inclusion of the policy to the lease document was to explain the priorities set by the FAA. She added, she and the snow removal crews had been discussing the method of removal in order to improve the snow removal on the land side of the airport in addition to improving the snow removal on the air side as well. Van Zee referred to paragraph 6(b) of the documents and read, "...any concessionaire desiring to remove snow prior to the city will be required to obtain prior permission from the airport manager and will be liable for any damages from any snow removal..." He stated, being held liable for damages was not a concern, however there would be a problem when the crews can get to plowing the lot and give a short notice in order for the cars to be removed to plow the snow. Cronkhite noted, she was not aware of there being that type of a problem. It is easiest when the cars are removed. However, if there is a bad snowstorm the road will be plowed (after FAA priorities) in order to get as much snow removed as possible and when the crew is in the clean-up phase, the car rental agencies will be notified in order to move the cars. Cronkhite added, the main concern is removing snow from the runways, etc. If there is a large snowstorm, they may stay only on the runways, etc. If a car rental agency contacts her office and states they want to plow their area of the lot, the city's main concern would be where they planned to stack the snow so the ability to remove the snow would not be hampered or that no one else would be plowed in. Van Zee stated, they had always gone and cleaned up the lot regardless of what the city's schedule was because they couldn't determine the city's schedule. Cronkhite stated the city was more than willing to work with the car rental agencies with the snowplowing schedule, however there would be unforeseen circumstances (more snow or machinery breakdown, etc.). She noted, her office was better staffed this year and should be able to give them better notice of when the lot will be plowed. Cronkhite stated she welcomed any comments or concerns. She noted, the matter would be a discussion item on the council's November 3, 1999 agenda. Knackstedt referred to the memorandum's question of whether the Commission wanted to forward comments to the council on the proposed document. It was decided there was nothing to forward until the Commission members had time to review the document. AIRPORT COMMISSION MEETING OCTOBER 14, 1999 PAGE 7 ITEM 7: AIRPORT MANAGER'S REPORT-- None. ITEM 8: COMMISSIONER COMMENTS AND (~UESTIONS -- None. ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: II~'FORMATION ITEMS 10-a. Kenai City Council Meetin§ Action A~endas of September 15 and October 6, 1999. ITEM 11: ADJOUR//MENT MOTION: Commissioner Van Zee MOVED to adjourn and Commissioner Favretto SECONDED the motion. It was noted the Commission's November meeting had been changed to November 18, 1999 due to the Veterans' Day holiday. The meeting adjourned at approximately 8:31 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk AIRPORT COMMISSION MEETING OCTOBER 14, 1999 PAGE 8 Resident of the City of Kenai? Residence Address Home Business , /' CITY OF KENAI "IP~llage ~th a past- Ci~ ~ith a Iud." BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPO~TM~NT COMMITTEF~ AND COMMISSIONS DATE: Signature CITY OF KENAI PLANNING tk ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS October 27, 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: October 13, 1999 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: 4. PUBLIC HEARINGS: 5. NEW BUSINESS: 6. OLD BUSINESS: 7. PENDING ITEMS: a. PZ99-36--Landscape Site Plan for the property described as Lot 2-C, Block 1, Spur Sub No. 6 (412 Frontage Road}, Kenad, Alaska. Application submitted by John Mellish, RPM's Rebuild, Inc., 412 Frontage Road, Kenai, Alaska. {Postponed from September 22, 1999 meeting pending submittal of revised plan.) b. Proposed Livestock Ordinance {Postponed from September 22, 1999 meeting pending work session.) 8. CODE ENFORCEMENT: ® REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: City Council Roster Memo from KPB dated 10 / 5 / 99 "Zoning Bulletin"- September 25, 1999 Planning & Zoning Commission Agenda Page 2 October 27, 1999 12. COMMISSION COMMENTS &~ QUESTIONS: 13. ADJOURNMENT: CITY OF KENAI PLANNING/~ ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS October 27, 1999 - 7:00 p.m. MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at 7'05 p.m. a. RoH Call Members Present: Carl Glick, Phil Bryson, Ron Goecke Members Absent: Barb Nord, Don Erwin, Robert Newbry Others Present- Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barbara Roper Chairman Glick canceled the meeting as a quorum was not established. b. AEenda Approval c. Approval of Minutes: October 13, 1999 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM 2: SCHEDULED PUBLIC COMMENT ITEM 3- CONSIDERATION OF PLATS ITEM 4: PUBLIC HTARINGS ITEM 5: NEW BUSINESS ITEM 6: OLD BUSINESS ITEM 7: PENDING ITEMS 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. {Postponed from September 22, 1999 meeting pending submittal of revised plan.) Planning & Zoning Commission Minutes Page 2 October 27, 1999 bt Proposed Livestock Ordinance (Postponed from September 22, 1999 meeting pending work session.) ITEM 8' CODE ENFORCEMENT ITEM 9: REPORTS a. City Council b. Borough Planning c. Administration ITEM 10: PERSONS PRF~ENT NOT SCHEDULED ITEM 11: INFORMATION ITEMS , a. City Council Roster b. Memo from KPB dated 10 / 5 / 99 c. "Zonm§ Bulletin"- September 25, 1999 ITEM 12: COMMISSION COMMENTS/h Q~TIONS . ITEM 13: ADJOURNMENT ,, Respect~lly submitted, Barbara Roper, Contract Secretary October 18, 1999 Mayor John Williams Kenai City Council Members, 210 Fidalgo St. Kcnai, AK. 99611 Dear Mayor Williams and Council Members, I would like to take this opportunity to express my interest in the Kenai Planning and Zoning Commission. I am a resident of Kenai and my husband and I own several properties in the city. I would like to be appointed to the seat that is currently unoccupied. I know that Kcnai is a growing city with the need for committed community members to help in its growth. As a community member and property owner, I see the need for strong leadership and decision making. My interests are broad and positive for the city's growth. With my experience, accomplishments and desire to serve my community, I feel confident I can contribute to Kenai's development and growth. I have enclosed the application and two letters of recommendation. Thank you for your time and consideration. Please feel free to call me with any further questions regarding my application. Sincerely, kmart 'P.O. Box 477 150:5 Fathom Dr. Kcnai, AK. 99611 907-283-5495 CITY OF KENAI ' V'dlage with a past- C.i.~ with a Iud.~ BACKGROUND AND PERSONAL DATA- CANDIDAT~ FOR APPOINT~ CO~TTE~ AND COMMISSIONS DATE: Resident of the City of Kenai? How lon~? Residence Address Mailing Address Home Fax No. Business Fax No. Home Telephone No. Business TelePhOne No . . . Email Address: EMPLOYEI~ Job Title NAME OF SPOUSE: Current membership in orEanizations: l~st orL~uiza~o~ memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU AR~ INT~RF.~TED: WHY DO YOU WANT TO BE H/VOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, Signature CITY OF KENAI BACKGROUND AND PERSONAL DATA CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: October 19, 1999 NAME: Amy E. Jackman Resident of the City of Kenai: yes How Long? 5 years Mailing Address: P.O. Box 477 Kenai, AK. 99611 Home Telephone N~ 907-283-5495 Home Fax: N/A Bminees Telephone bio. 907-283-5495 Bnsiness Fax No. N/A E-mail Address: ajackman(_~gci.net Employer: Self-rental property owner Job Title: Owner/Manager Name of Spouse: Bruce A. Jackman Cra'rent Membership in organizations: Healthy Communities / Healthy People, Kenai Lions Club, appointed Board Member 'After the Bell' program. Past organizntionai Memberships: Boys and Girls Club, Nikiski Daycare and Preschool, 1994 March of Dimes Top Walker (over $1000.00 raised), 1994 Winner Businessman's Sled Dog Race, WRCC Women's Run. COMMI'UFEES OR COMMISSIONS IN WlHCH YOU ARE INTERESTED: Kenai Planning and Zoning Commission. WHY DO YOU WANT TO BE INVOLVED IN 'IltlS CO--ION OR COMMI'I'I~E? The Kenai City Council and the Kenai Planning and Zoning Commission have done an outstanding job in the progress of our city. We need economic stability and sustainability for our ftmn~. I have a strong desire to be a part of the positive growth and development of our community, as well as ensuring a place for our children. As a commission member, I will work hard to continue the development of our community. WHAT BACKGROUND, EXPERIENCE OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMI'I'I'EE MEMEBERSiIlP? While finishing high school I was promoted to Assistant Manager at a large restamant franchise. I then went on to attend a flight academy in St. Louis, MO.. I have worked as a teller and Commercial teller at National Bank of Alaska in Kenai. After staying home a short time, I worked for Last Frontier Insurance Cache until leaving to raise our children. My husband and I own several properties in Kenai and have a small rental property business, which I manage. October 20, 1999 To Whom It May Concern; I Have known Amy.Jackman for the past four years. In that period of time i have grown to know Amy well. She is a very busy homemaker and mother of two. Amy is active in our community and in the past has volunteered her time to a variety of civic related events. Amy is a very energetic person with an outgoing personality and positive disposition. Having been a resident and business owner in Kenai for the past sixteen years, I have seen many changes, i believe the Planning and Zoning Commission for the City of Kenai has done an outstanding job in encouraging and managing orderly growth in our oi. ty. While promoting the growth of business and industry in Kenai, the commission has been vigilant in maintaining quality neighborhoods for homes, schools, and churches. I believe that Amy Jackman would be an excellent addition to the Planning and Zoning Commission. Amy has lived in Kenai most of her life, and along with her husband Bruce and their two children, plan on making Kenai their home for years to come. Amy's interest in participating in Kenai's planned and regulated growth for the future is genuine. She would be a committed and dedicated member of the commission. I have always been impressed by Amy's vigor and enthusiasm for her endeavors. Appointing Amy to the Planning and Zoning Commission would help assure the kind of planned, orderly development we have seen here in the past. As a businessman and sixteen year resident and homeowner in Kenai, I am proud to recommend Amy Jackman for a seat on the City's Planning and Zoning Commission. Sincerely, Larry Tunseth 696 Poplar Circle Kenai, AK 99611 October 22, 1999 - Mayor John Williams and Kenai City Council 210 Fidalgo Street Kenai, AK 99611 Dear Mayor Williams and Council Members: What a delight it is to write in support of Amy Jackman who has a strong interest in the Kenai Planning Commission. I know Amy's emhusiasm and ability through Healthy Communities-Healthy People. There, her open, direct and positive communication style comributed substantially to the organization's work. She has the capacity to ask the hard questions, without offending her peers, while engaging people to "think out of the box." I believe Amy would provide a valuable perspective to the decision making process of the Kenai Planning Commission. Members of the Kenai Planning Commission curremly include those with strong institutional memory, business owner and manager experience, real estate background and more. What's missing is the voice of the next generation; the generation that will inherit the results of decisions made now at the city government level. Amy's youth, intelligence, area knowledge and energy bring important qualities to this group. Amy's interest is sincere; given her deep commitmem to community and local governmem, she and her husband's real estate rental holdings, I believe her presence on the Kenai Planning Commission an important addition. As a twelve-year resident of Kenai, property owner and prior member of the Planning Commission it has been my pleasure to encourage Amy's application to the commission. Sincerely, Kathleen F. Scott 510 Hemlock Street Kcnai, AK 99611 KENAI BEAUTIFICATION COMMITT! OCTOBER 12, 1999 *** 5:30 p.m. Kenai Council Chambers ITEM 1' ***AGENDA*** CAI, I, TO ORDER/l~ ROLL CALL ITEM 4: ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- September 14, 1999 PERSONS SCHEDULED TO BE HEARD ITEM 5- OLD BUSINESS ITEM 6: NEW BUSINESS Discussion -- Airport Property Fronting Kenai Senior Center Discussion -- Main & Spur Highway Beautification Discussion -- Flower Boxes Discussion -- Summer Events/Multi-Purpose Facility ITEM 7: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8- OUESTIONS AND COMMENTS ITEM 9: INFORMATION Parks & Recreation Commission Meeting Minutes - September 2, 1999 City Council Action Agendas--September 1 and 15, 1999. ITEM 1.0: ADJOURNMENT REGULAR MEETING OF THE CITY OF KENAI BEAUTIFICATION COMMITTEE October 12, 1999- 5:30 P.M. KENAI CITY HALL CHAIRMAN MARILYN DIMMICK, PRESIDING ITEM 1' CALL TO ORDER/ROLL CALL Chairman Dimmick called the meeting to order at 5'39 p.m. Members present: Brown, Nord, Johnson, Dimmick, Jung (arrived at 5:45) and Rogers (arrived at 5'55). Members absent: Hansen Non-voting members present: Overturf Non-voting members absent' Benedict Also present: Bob Frates, Parks and Recreation Director; Council Member Linda Swarner; City Clerk Carol Freas as recording secretary. ITEM 2: APPROVAL OF AGENDA MOTION: Committee Member Nord MOVED to approve the agenda as presented and Committee Member Brown SECONDED the motion. There were no objections or comments. SO ORDERED. ITEM 3: APPROVAL OF MINUTES ,, There were no additions or corrections. The minutes of the September 14, ! 999 Beautification Committee meeting were approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5: ,, , OLD BUSINESS-- None. ITEM 6: NEW BUSINESS Discussion--Airport Property Fronting Kenai Senior Center Frates reported a dentist was investigating the possibility of purchasing the property situated in front of the Senior Center for the purpose of building a dentist's office. Frates added, it was his understanding the matter would go before P&Z at their October 13, 1999 meeting. The Commission will make a recommendation to council whether the property.is needed for public use. Swarner stated there had been nothing about it in the Council's packets yet. Discussion---Main & Spur Highway Beautification This property is on the comer at First National Bank, Dimmick said. Frates reported, at the Parks & Recreation Commission meeting last week, Commissioner Gilford also ' asked if more additional concrete planters would be placed around town. Frates said snow removal, possibility of car accidents at busy intersections (possibility of a car hitting the concrete), and watering were major considerations in determining the placement of concrete planters. Dimmick asked if the City had ever had a long-range plan for beautification of the City. She suggested developing a list of criteria for placing planters and not to consider new areas of planting without very good reason because of maintenance and money concerns. Swarner noted Larry Tunseth volunteered several years to do some watering in front of Arbys, however those arrangements were not made. Frates said MAPCO told him that if they had a flower box, they would water it. Discussion followed about areas near Louie's, Katmai, and Paradisos for placement of other planter boxes or raised beds with annuals. Overturf suggested putting three roses in front of the bank property because they wouldn't require much watering after they are established. Frates sUggested creating a formalized "adopt-an-area" with signs placed at the flower bed/planter crediting those who care for the bed/planter. Discussion followed about groups and individuals who might be interested in such a project. Dimmick requested the matter be included on the agenda for the next meeting. Discussion--Flower Boxes Of the current flower boxes, three or four were built new this year and a few more could be replaced next year, Dimmick stated. She said it would be good if a replacement schedule like that could be followed, however, she was aware the crew wasn't large enough to constantly maintain the boxes. She suggested using plantings of roses and shrubbery which wouldn't require as much maintenance as the boxes. Frates reported sandblasting equipment was available and could be used on the wooden boxes, which would give the boxes a rustic look. Johnson agreed that sounded like a practice solution. (Johnson left the meeting at 6:00 p.m.) Frates said the boxes would also look better if they sat level. Discussion followed about sandblasting some of the boxes and not others, and putting different looking BEAUTIFICATION COMMITTEE MEETING OCTOBER 12, 1999 PAGE 2 boxes in different locations around town. Frates stated the sandblasting could bring out the grain and give the wood a whole different look. 6-d. Discussion--Summer Events/Multi-Purpose Facility Dimmick reported, she and Frates met with Leah Spaulding of the Kenaitze Indian Tribe to gather information about the Farmers' Market held in Soldotna during the summer. Frates noted, those involved with the Market pay an initial registration fee of $10 and then $5 for each of the markets in which they participate. He noted, they discussed the possibility of moving the market to Kenai, however some of the Market's board members want to stay in Soldoma. Frates added, he did mention the lessened possibilities of being rained out. Swamer asked if the Market ever considered holding more than one market in a week and suggested a market could be held in Kenai during the middle of the week. It was noted Spaulding would speak to her board of their discussions and suggestions. Frates suggested the following events: a. June, arts / crafts, gardening vendors b. June/July, Global Re-Leaf to sell trees, 4-H groups, Scout groups, private nurseries, Cooperative Extension c. July, August, flowers, vegetables, etc. Frates suggested the matter could be discussed further over the winter. Overturf suggested starting with one event and if that is successful, plan additional events. Dimmick suggested getting the KVCC involved to organize an event. It was suggested the matter be placed as an Old Business item on the next meeting's agenda. Dimmick suggested a November meeting be held this year and the break requested from council for December and January. The Committee agreed a meeting should be held on the regularly scheduled day in November which would be November 9. Additional discussion followed regarding the property in front of the Senior Center. Swarner stated council would have to purchase the property from the airport with General Fund monies in order to make it a park area or keep it in the city's ownership. She added, it was a dead issue (as far as a General Fund purchase from the Airport Fund). ITEM 7: REPORTS Committee Chair-- No report. 7-bo Parks/h Recreation Director- (1) Kenai Cemetery -- Frates reported the cemetery sign was taken down in order to replace the posts and the sign. A wrought iron sign will replace the current sign and would, in the future, attach to a wrought iron fence. BEAUTIFICATION COMMITTEE MEETING OCTOBER 12, 1999 PAGE 3 (2) Christmas Decorations -- Frates also reported 17 new Christmas decorations were ordered and should arrive shortly. He noted, the Parks & Recreation Commission suggested placing the lights only to the comer of Main and Spur and not taking them up to Forest Drive as has been done in the past. Their thought was to consolidate more of the decorations in the downtown area. Frates stated, he believed they should continue to Forest Drive because there are businesses at that end of town which could benefit by the lights being there. Frates added, the Commission 'also discussed not extending the lights past the Katmai (toward Kmart) because of their lack of visibility from the business lights at Kmart, Carrs, etc. Frates noted, his crew went through all the older decorations and pulled out the ones with ~g problems, etc. They hoped to have better luck with the lights this year. The Committee briefly discussed the placement of lights toward Forest Drive. MOTION: Committee Member Brown MOVED to continue placing the Christmas light decorations to Forest Drive and Committee Member Rogers SECONDED the motion. There were no objections. SO ORDERED. (3) Village of Lights Parade -- Frates reported the "Village of Lights" kick-off was scheduled for November 1 and would begin at the Leif Hansen Memorial Park at 6:00 p.m. He noted, the city would place lights on their buildings around town, as well as at the Park. Frates added, not as many trees would be hung with lights this year as more of trees were wrapped to protect them from the weather and moose. Frates passed out a catalog of lighted animal outlines which, he suggested to the Chambers' Executive Director Favretto, could be purchased by sponsoring businesses. The information is to be forwarded to Favretto for her to discuss with the Chamber Board of Directors. (4) Grass Planting -- Frates reported the crew was able to plant fescue grass at Dan's TV, thc Rotary bed, and the airport mound. Frates said he left the fescue in the buckets to contain the grass from spreading too much. Swarner questioned the large water puddle in front of Erik Hansen Scout Park. Frates stated, a low spot was discovered in the Park and he explained, he intends to round off the trail in order to get better drainage. This work should be done next week. He noted, the bed would need to be brought up a bit and that work wouldn't be done until next spring. Frates added, he anticipated aerating the lawn there next spring as well. Frates was asked if the bulbs were received and placed. Frates answered he had not received all the bulbs, but expected them to arrive next week. He added, he was waiting to get all the bulbs and do the work all at once. Committee members stated they would help in planting the bulbs. Frates is to contact them when the bulbs arrive. BEAUTIFICATION COMMITTEE MEETING OCTOBER 12, 1999 PAGE 4 7-c. Kenai City Council Liaison - Swarner reported that when she was in Minnesota recently she saw a newspaper feature called a "Yard-a-Week" feature. She explained, the newspaper published a weekly article about a specific yard and included a picture of the yard, an interview with the owner, and believed a sign is placed in the yard as well. Swarner stated she would supply a copy of the article for their next packet. Swamer also announced that she had been re-elected. ITEM 8: ~~TIONS AND COMMENTS Dimmick asked Frates if any perennials had been saved in the big circles. Frates answered yes and noted most of boxes of annuals were tossed out, however he usually is able to save some items over, such as the lilies. Frates noted, perennials now included in the circles were Shastas, lupine, and others. He noted, the poppies were not perennial. ITEM 9' INFORMATION -ao Parks & Recreation Commission Meeting Minutes- September 2, 1999 City Council Action Agenda- September 1 and 15, 1999 ITEM 10: ADJOURNMENT The meeting adjourned at 6'55 p.m. Minutes transcribed and submitted by: Carol L. Freas, City Clerk BEAUTIFICATION COMMITTEE MEETING OCTOBER 12, 1999 PAGE 5 HISTORIC DISTRICT BOARD October 19, 1999 - 7:00 p.m. *** AGENDA*** Kenai City Hall Chair Michael Huhndorf 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 18, 1999 4. PERSONS PRESENT SCHEDULED TO BE HEARD: HISTORIC BOARD REVIEW: 5. NEW BUSINESS: 7. OLD BUSINF~S: a. Committee Reports · Visitor Center Exhibit -- Old Town (Richard) · Battle of Kenai Research (Huhndorf) · Explore land acquisition for exhibit opportunities in Old Town (Kluge} · Research Heritage program and funding possibilities. (Clausen} · Old Town Video (Gray/Moore) Walking Tour Exterior Sign (Huhndorf/Kebschull) b. Gold Rush Interpretive Sign , REPORTS: a. City Council b. Administration 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD: 10. BOARD OUF~TIONS AND COMMENTS: 11. INFORMATION: Kenai City Hall Telephone Extension List "The Alliance Review" - June/July 1999 "The Alaska Association for Historic Preservation" "Preservation Advocate News" - October 7, 1999 Letter of Resignation for Cecelia Richard - October 1999 12. ADJOURNMENT: HISTORIC DISTRICT BOARD OCTOBER 19, 1999 - 7:00 P.M. KENAI CITY HALL CHAIR ~ HUHNDORF, PRESIDING Minutes ITEM 1' ROLL CALL Members Present: Dorothy Gray, Ethel Clausen, Bill Kluge, Emily DeForest, Michael Huhndorf Also Present: Councilman Joe Moore, Contract Secretary Barb Roper ITEM 2- APPROVAL OF AGENDA Gray requested a discussion of board members' term expiration dates be added under New Business. Agenda was approved with the addition. ITEM 3' APPROVAL OF MINUTES -- January 18, 1999 No corrections and/or additions were noted and the Minutes of January 18, 1999 were approved as written. ITEM 4: PERSONS PRESENT SCHEDULED TO BE HEARD -- None ITEM 5' HISTORIC BOARD REVIEW-- None ITEM 6' NEW BUSINESS Board Member Term Expirations Gray announced her term would be up in 2000 and she would not be seeking reappointment. Discussion took place on term expirations and it was asked if the 2000 term ended at the beginning of the year. Roper provided a list of term expiration dates and noted term expirations were at the end of the year. It was also noted that Kluge and DeForest's terms expire at the end of the year 1999. The terms for the remaining members would expire at the end of 2000. ITEM 7: OLD BUSINESS Committee Reports Visitor Center Exhibit - Old Town (Richard) - It was noted Cecelia Richard resigned from the Board, therefore, no report was made. Battle of Kenai Research {Huhndor/) - Huhndorf stated all his research and data collected was obtained from Alan Boraas. Boraas is preparing a booklet on the Battle of Kenai Which should be published soon. Explore land acquisition for exhibit opportunities in Old Town (Kluge) - Klu§c reported he did some research on land availability in Old Town and thou~t the old Refuge building could be used to exhibit some larger items currently stored in the City maintenance yard. After a len~hy discussion, Moore was asked to find out who owned thc bufldin§ and to also approach thc City Council and Mayor Williams to get their thoughts on the issue. Gray stated there were two cabins in Fort Kenay which were transferred to the Church. These buildings were originally included in the walking tour but the Church elected to close them due to high liability and insurance costs. She noted, the cabins were empty with the exception of some reconstructed benches which were used in the cabin used as a school house. Discussion took place on charging admission to offset some of the insurance costs should the cabins be used again as part of the walking tour or as exhibit buildings. Huhndorf asked how the admission revenue from the Visitor Center was channeled. Moore replied it stayed within the Visitor Center. Research Heritage proEram and funding possibilities (Clausen} - No report. Old Town Video {Gray/Moore}- Gray suggested a contest sponsored by the City of Kenai be developed with some incentives in an effort to motivate students in making a video of Old Town Kenai. Huhndorf noted a lot of material was already available which the students could utilize. Gray thou~t the students should do their own research to really learn about Old Town Kenai. Gray suggested a $500 - $1,000 cash prize could be awarded. Moore was asked to bring the idea to the next City Council meeting and if the City approves it, he could then bring the matter back to the next HDB meeting scheduled for January. Gray noted the timing would be best in January as students would be just getting back to school after Christmas break. Gray would announce the contest utilizing the school district e-mail system and all schools within the Borough would be invited to participate. Huhndorf asked what would be done with the videos that did not win. Gray suggested they could be viewed on a rotation basis at the Visitor Center during the summer. Walking Tour Exterior SiEn (Huhndorf/KebschuH) - Huhndorf reported nothing was done with regard to the walking tour exterior sign. HISTORIC DISTRICT BOARD MEETING OCTOBER 19, 1999 PAGE 2 He added, Kathy Tarr and Marilyn Kebschull would continue to work on the sign. ITEM 8: REPORTS ,,, 8-.a. City Council- Moore announced that Pat Porter and Bill Frazer were elected to the City Council. Moore noted he would be accompanying Mayor Williams and Councilman Bookey to Anchorage for a meeting with the Anchorage Visitors and Convention Bureau. Discussion would be on a center in Kenai. A lengthy discussion took place on the FAA lands. Moore noted the property would be surveyed to assure the boundaries. Moore also noted no softs testing was done to date and no transfers would be made until that is accomplished and any cleanup is done by the FAA. 8-b. Administration- No report. ITEM 9: PERSONS PRESENT NOT SCHEDULED TO BE HEARD -- None ITEM 10: ,, BOARD QUESTIONS AND COMMENTS Chairman Huhndorf stated he took two ladies on the Walking tour and they both suggested to the Visitors Center that he make a tape. Huhndorf added, he had not heard anything more on the issue. Emily DeForest stated Judy Bitmer asked if there were any more funds for signs. Gray reported the sign project was completed a cOuple years ago and there was no additional funding. Moore reported the walking tour signs had been taken down and stored at the police station for the winter. Dorothy Gray requested Administration send Roger Meeks a sympathy card for the loss of his wife Francis. Gray noted the Meeks' were instrumental in getting Old Town Kenai its start. Roper was asked to pass the request on to Kebschull. Gray reported the Russian Rectory restoration project was completed to every detail and it was very beautiful. Gray stated she would arrange a tour during the summer HDB meeting but in the meantime would share her photo journal of the project. ITEM 11: INFORMATION 11-a. 11-b. 11-¢. ll-d. Kenai City Hall Telephone Extension List "The Alliance Review" - June/July 1999 "The Alaska Association for Historic Preservation" 1999 "Preservation Advocate News"-October 7, 1999 -Oetober HISTORIC DISTRICT BOARD MEETING OCTOBER 19, 1999 PAGE 3 Letter of Resignation for CeceHa Richard ITEM 12: ADJOURNMENT Gray MOVED to adjourn. Motion SECONDED by DeForest. Meeting adjourned at 7:50 p.m. Respect~lly submitted, Barbara L. Roper, Contract Secretary HISTORIC DISTRICT BOARD MEETING OCTOBER 19, 1999 PAGE 4 Kenai Visitors & Convention Bureau, Inc. Regular Board Meeting, 5:30 p.m. President Will Jahrig, Presiding Thursday, June 24, 1999 _MINU~S Ao Be 'C. 0 Ee CALL TO ORDER The meeting was called to order at 5:45 p.m. at the Kenai Visitors & Cultural Center. ROLL'CALL Directors present: Will lahrig; Ron Malston; Robert Fulton; Marion Nelson; Becky Vandehey; Sandra Vozar; Ron Rainey. Staff present: EXecutive Director Kathy Tart, Administrative Assistant Amy Manuel; Manager &Exhibits and Education Ricky Crease. APPROVe-OF ~GENDA M/S (Malston, Fulton) to approve the agenda of'June 24, 1999. APPROVAL OF MINIfFES M/S (Malston, Rainey) to approve the minutes of February 8, 1999 and April 12, 1999. PERSON SCItEDULED TO BE ItEARD Dr. David Wartinbee, Kenai Peninsula College gave a report on "Alaska 2000 - A Celebration of Wildlife Art," a major art exhibit which will be held at the Kenai Visitors & Cultural Center in the summer of 2000. "Alaska 2000" is being co-sponsored by KVCB and ICPC and is Scheduled in May, June and July 2000 so that local schools can incorporate the exhibit into their curriculum and because these are the peak visitor months at KVCC. Several organizational meetings have already been held on the project with KVCC and KPC. Dr. Wartinbee will serve as guest curator. Wartinbee explained his knowledge and experience in wildlife art primarily as a personal colle¢~o.r. "Alaska 2000" woul~ mt. .............. as Robert Bateman, Jon Van Zvle Gu,, C,,loo,.- ~-.~ ~_~a,u,w~,a'se me ~ o! aauoaally known artists such exhibited. - , J ,,,,,,,~,~ m~u rreu ~aacnetantz. Approximately 75-80 pieces Will be A Robert Bateman painting will be reproduced on posters that would be sold during the show. Proceeds from the poster will help cover the costs of'sponsoring the exhibit Part of the exhibit' establish a scholarshi fun · · . - ' s proceeds will p d at Kenm Pemnsula College. War~_nbee_alsctaaid.that_the. artwork would be for sale and that the sponsors would retain 20% commission from all artwork sold at the show. The sponsors will pay for shipping of all original (to and from) artwork. Major up-front costs include printing the promotional poster at Mill Pond Press. Students would have free admission to the art show; however, a small admission may also be charged to help offset total costs. Director Vandehey questioned whether it was common practice to charge admission to view an exhibit. Wartinbee said that for a show of this magnitude, an admission fee was usually charged. Executive Director Tarr stated that the KVCC donation box would be removed for the duration of the art show and that the admission charge would replace the expected donations for that time period. Minutes Board of Directors June 24, 1999 Page 2 Director Rainey asked if there had been any negative comments from local gallery owners about the art show. Executive Director Kathy Tarr stated that she, Waninbee and Exhibits Manager Ricky Gease had met with gallery owners and that all were supportive of the wildlife art exhibit. Director Nelson asked if money could be generated for shipping costs, etc. by getting local businesses to advertise in a brochure that could be used for advertising the an exhibit. Tarr said that would be a possibility and that a portion of KVCB's 2000 advertising budget could be used for the "Alaska 2000" project. Tarr asked the Board for formal support to pay for the up-front printing costs to create a special Robert Bateman promotional poster for Alaska 2000. Director Rainey asked Executive Director Tarr to write a draft budget for total costs of"Alaska 2000." M/S (Malston, Rainey) for KVCB to pay up-front for costs of printing the Robert Bateman "Alaska 2000" poster. (Unanimous) F, UNFINISHED BUSINESS Executive Director's Report Tart reported that KVCB was in need of a new copier for the production room. The current copier was at least eight years old and that the quality of copying was rapidly decreasing. Tarr presemed research on three different copiers that could be purchased locally. She also stated that KVCB had an equipment replacement fund that would be used to purchase the new copier. The Board supported the purchase of a new copier and said that the Director should use her best judgement in purchasing a copier for KVCB. Tan' said that a meeting with Executive Directors of peninsula chambers and visitor centers is scheduled for July l, 1999 to discuss general tourism related topics, including the need for a new Kenai Peninsula visitor map. Tan' reported that she scm a letter to KVCB members explaining the importance of joining the new Alaska Travel Industry Association. The new association will replace the current Alaska Visitor Association. Tart encouraged members to join so that they may help shape the direction of ATIA by voting for a new Board of Directors in August. G. NEW BUSINESS President Jahrig reported that Director Rebecca Gabriel resigned. Jahrig also said that several other board members have not been in regular attendance. President Jahrig suggested KVCB reduce the size of the board. There was discussion about KVCB's bylaws. According to the bylaws, Jahrig stated that the Board must have at least five and no more than 13 voting Directors residing. Discussion resumed about the number of board members needed. Director Nelson said that KVCB's bylaws needed to be rewritten to reflect the current number of board directors, Executive Director Tarr was asked to present information about bylaw changes at the next board meeting. Minutes Board of Directors June 24, 1999 Page 3 ADJOURN~NT The meeting was adjourned early, at 7:40 p.m. (Note: Due to the abbreviated meeting, no oral report was given on finances. All monthly financials were included in the board packet). Respectfully submitted by, Amy Manuel, Administrative Assistant Kenai Visitors & Convention Bureau, Inc. Board of Directors Meeting Past President Ron Malston, Presiding Thursday, September 16, 1999 MINUTES A. CALL TO ORDER The meeting was called to order at 5:40 p.m. B. ROLL CALL Directors present: Staff presem: Jerilue Seekins-Hopley; Ron Malston; Diane Lofstedt; Sandra Vozar; James Bookey; Robert Fulton; Marion Nelson. Kathy Tarr, Executive Director (Sg.ecial note: Because there were only six voting board members present out of 13, one director short of a quorum, the board meeting was changed to a work session only since official action or motions could not be adopterS) C. APPROVAL OF AGENDA The board members agreed to continue the meeting and discuss the agenda items as. presented. D. APPROVAL OF MINUTES The minutes of the June 24, 1999 meeting were included in the board packets but Were not officially adopted without a quorum present. E. CORRESPONDENCE Board members received copies of the following correspondence: Sheila Lutes' letter re: Great Alaska Fish Camp; thank-you letter from Allan Norville of the Kenai River Classic; Certificate of commendation from the firefighters; thank-you letter from the Kenai River Festival; thank-you from the Alaska Permanem Fund Corporation. F. PERSONS SCHEDULED TO BE HEARD: None. UNFINISHED BUSINESS 1. Executive Director's Report Executive Director Tarr reported on the Alaska Travel Industry. Association's election. The official candidate booklet was distributed. A total of 41 candidates state-wide are runmng for 17 elected ATIA board seats. Tarr is one of 14 candidates KVCB Board Minutes September 16, 1999 Page 2 for the Southcentral region (only 3 will be elected.) Since the Kenai Peninsula captured 4% of the total new charier memberships in ATIA, even if none of the Kenai Peninsula candidates gets voted in, according to Tarr, one of them will be appointed to ATIA's board after the new board and officers are seated. Tarr reported that she was appointed to serve on the newly-formed Brown Beak Conservation Stakeholder. t3.~oup for the Kenai Peninsula as the tourism representative. The first meetings will held over the weekend of October 2nd. A KCVB staff planning retreat will be held on Thursday, September 23 to outline all projects and to review all deadlines from now through May 1, 2000. The list of the 24 confirmed artists for Alaska 2000: A Celebration of Wildlife Art was passed out. NEW PRINT PIECE FOR KENAI There was a lot of discussion about the need for a new tourism promotional piece for Kenai. The Bureau has been using the "fireweed" rack-card brochure which KVCB printed in early 1997 with partial funding from the City of Kenai as its primary print piece. The original 50,000 copies are almost depleted and KVCB staff'have been exploring new ideas. Tart presented several options to the board for discussion. Director Bookey stated that his preference was to continue with a full-color, glossy 'format for the new brochure rather than a newsprint format. Most board members concurred. There was discussion about the need for an informational piece to be developed which visitors could use once they amve in the central Pemnsula. Tarr explained that staff had been discussing a newspaper supplement which would include information on the local arts scene, the exhibits schedule at KVCC, the calendar of events, some information on the area's natural history, Kenai's parks, things to see and do, etc. There was discussion about whether this kind of publication should contain advertising or whether it should be underwritten by sponsors as is the case with the Old Town Walking Tour map/brochure. Director Nelson suggested that the informational piece also include a guide to where Kenai's best flower gardens are. Discussion ensued about KVCB's need for two separate promotional pieces: one to lure visitors to Kenai and to mail out to all inquirers, and another, more basic publication with information about the area once people arrive. Director Seekins suggested that the newspaper guide could be personalized by individual KVCB members who want to pitch in and help pay for the printing costs. The suggestion was made for Tart to discuss the proposed newsprint-type guide with Stan Pitlo at the Peninsula Clarion. KVCB Board Minutes September 16, 1999 Page 3 The board directed Tarr to come up with a proposal for the promotional publications at the next board meeting in October. PHOTO RECEPTION --- September 9, 1999. Directors Malson and Nelson commented on the event held at the Kenai Visitors & Cultural Cemer. Both agreed that it was a good reception and that they enjoyed meeting the local photographers and seeing their work presented in a short slide show. Tart reported that after expenses, the Bureau netted approximately $300 .from the Third Annual Kenai Pemnsula Photographer's Guild exhibition. WELCOME BANNER .... Tarr reported that she had received a request from local organizers of the upcoming Alaska Municipal League Convention in Kenai/Soldoma on November 6th to install a welcome banner at the airport, and to help meet and greet AML delegates when they amve. The Kenai Airport does not have a standard "Welcome to Kenai" banner that can be stored at the airport and used for many different occasions. Tart said she planned to discuss the possibility with the airport manager. KVCB will assist in developing a welcome table and small display for the AML at the Kenai Airport. It is difficult to assign non-exempt employees to help "meet and greet" since all employees would have to be paid 1.5 if Saturday was not a regularly scheduled work day for them. Tart offered to work at the airport for a few hours. H. REVIEW OF MONTHLY REPORTS All written monthly reports were included in the board packets. The financial reports were the only repons discussed in detail. Tarr reported that every year there seemed to be one or two months where gaming revenues were extremely low or non-existent. In 1998, the month was June. There were no profits to transfer from gaming to the general operating account in June of 1998. July and August 1999 were low profit months for Bicentennial Bingo. July's net profit: $2'490.68. August's net profit: $1,944.08. The fall season usually brings higher gaming revenues, said Tarr. Overall, gaming revenues are tracking higher year-to-date in 1999, than in 1998. Wednesday night bingo continues to trail Friday night bingo, by a wide margin. When gaming transfers are lower as in July-August period, cash flow is affected, said Tarr. There will be a transfer made froTM the retail accoum to the general account to make up the difference. The transfer was budgeted as an income item in 1999. Donations box revenues were $421.83 lower than the summer of 1998. KVCB Board Minutes September 16, 1999 Page 4 I. REVllgW OF BYLAWS -- KVCB BOARD OF DIRECTORS This item was tabled and will be placed on the October 1999 board agenda. J. NEW BUSINESS --- EMPLOYEE BANDBOOK REVISIONS Tarr reviewed a memo to the board concerning her suggestions and recommendations for updating KVCB's Personnel Policy Manual. For the past year, Tart has reviewed other non-profit employee handbooks and has also attended several meetings on personnel issues specific to CVBs. Tarr discussed why she wanted to make the suggested changes outlined in her memo. KVCB's employee handbook had not been updated for. almost three years. Curremly, it's missing some important pieces of information. Other parts need to be rewritten so that the guidelines are more clearly defined and understood. Tarr reminded the board that none of the KVCB employees, including the CEO, receive any health, vision, dental, or retirement benefits. It's worth considering some adjustmems to the holiday and vacation benefits to help compensate for the lack of other benefits. The board directed Tart to incorporate the recommendations outlined in her memo imo a new draft of the KVCB Employee Handbook. The new draft will be discussed at the next board meeting. K. BOARD COMMENTS · The subject of board liability insurance was raised once again. Director Seekins inquired about the cost of such insurance. Tam said she will follow-up with this request. Director Bookey said this subject had been discussed several times over the past seven years but that the insurance was never purchased due to its high cost. Tart asked if any board members would be interested in attending an informal evening social to meet the new CEO of the Kenai Native Association, Doug Campbell. Campbell is fairly new to the community and is interested in meeting with some of the local tourism business people. Several KVCB board members said they would like to attend. Director Malston suggested that the board try several morning meetings over the winter. KVCB Board Minutes September 16, 1999 Page 5 KVCB NOMINATING COMMITTEE- Directors Nelson and Vozar agreed to serve on the nominating committee. Director Fulton suggested that KVCB Bylaws be changed so that the size of the quorum is a simple majority determined by the number of"sitting" board members. L. SCl~EDULE OF THE NEXT BOARD MEETING Tart said there would be regular board meeting planned for October. Any possible changes to the bylaws regarding size of the board would have to be officially adopted before the KVCB 2000 Board of Elections could be conducted. M. ADJOURNMENT The meeting was adjourned at 7:40 p.m. Respectfully submitted by, Kathleen Tarr Executive Director AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 20, 1999 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM A: . 2. 3. 4. 5. ITEM B: CALL TO ORDER Pledge of Allegiance Roll Call CERTIFICATION OF OCTOBER 5, 1999 ELECTION Agenda Approval Consent Agenda *All items listed with an asterisk {*) are considered to be routine and non-controversial by the council and w/ll 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) ITEM C: . . , PUBLIC HEARINGS Resolution No. 99-57-- Supporting an Application by the Kena/ Peninsula Borough for a U.S. Customs Port of Entry and Status for a Foreign Trade Zone. Resolution No. 99-58 -- Awarding a Contract for Two Police Patrol Cars. Resolution No. 99-59 -- Adopting Certain Street Name Changes. ITEM D: , 2. 3. 4. 5. 6. 7. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees -1- Beautification Committee Historic District Board Kenai Visitors & Convention Bureau Board Alaska Municipal League Report ITEM E: MINUTES , *Regular Meeting of October 6, 1999. ITEM F: CORRESPONDENCE. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS le Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 3~ ITEM I: *Ordinance No. 1843-99 -- Finding That Certain City-Owned Airport Land, Described as Lot 1, Spur Subdivision, Senior Citizen Addition, Is Not Required for a Public Purpose. 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- None Scheduled ITEM K: ADJOURNMENT -2- KEN,II CITY COUNCIL- REGULAR MEETING OCTOBER 20, 1999 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 Wilhams called the meeting to order at approximately 7:00 p.m. in the Council Chambers in the Kenai City Hall Building. A-lo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Bannock and Frazer. Present were: Williams, Bookey, Swarner, Moore, A-3o CERTIFICATION OF ELECTION Clerk Freas read into the record, the findings of the City of Kenai Regular Election of October 5, 1999 as follows: CITY OF KENAI ,, REGULAR ELECTION OF OCTOBER 5~ 1999 WE, the members of the Kenai City Council, do hereby certify the results of a canvass of the ballots for the Regular Election of October 5, 1999. CITY ¢OIINClL/ONF_,-YEAR TRR_MS: CANDIDATE Eldridge, Richard McDonald, Kevin D. .Frazer, William R. Porter, Pat Write-Ins VOTES RECEIVED 354 244 578 673 20 KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 2 of 15 CITY COUNCIL/THREE-YEAR TERMS: CANDIDATE Swarner, Linda Bannock, Duane Osborne, John "Ozzie" Gou§h, Don Write-Ins VOTES RECEIVED 623 606 370 369 21 sPOILED BALLOTS 3 ASS ST BALLOTS RECEIVED '(in- 105 person, personal representative, by-marl) QUESTIONED BALLOTS RECEIVED , 20 ABSENTEE BALLOTS COUNTED 102 ~UESTIONED BALLOTS COUNTED 5 POLL VOTER TURI~OUT 1116 TOTAL VOTER TURNOUT 1241 NUMBER OF KENAI REGISTERED 4635 VOTERS VOTER TURNOUT 27% MOTION: Councilman Bookey MOVED to acqept the regular election of October 5, 1999 as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. AGENDA AND CONSENT AGENDA APPROVAL Mayor Williams requested the following changes to the agenda and consent agenda: Agenda ADD AS: H-4, Discussion -- Phase I LLC Use of Softball Bleachers Consent Agenda ADD TO: H-3, *Ordinance No. 1843-99 -- Add as backup information to ordinance. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 3 of 15 MOTION: Councilman Moore MOVED for approval of both the regular agenda and consent agenda as amended. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS-- None. ITEM C: PUBLIC HEARINGS C-1o Resolution No. 99-57 -- Supporting an Application by the Kenai Peninsula Borough for a U.S. Customs Port of Entry and Status for a Foreign Trade Zone. MOTION: Councilman Bookey MOVED for approval of Resolution No. 99-57 and Councilman Frazer SECONDED the motion. There were no public comments. Bookey asked what would be the future fiscal note to the City of Kenai to fund a Port of Entry. Ross explained, the suggestion to apply for a U.S. Customs Port of Entry/Foreign Trade Zone came from the Peninsula Coalition. Because the Borough would become the primary beneficiary (collection of sales tax, etc.), it offered to pay for the initial application fee. He noted, the application process would take two years and after the award, five years would be given to actually implement the Port of Entry/Trade Zone. Future fees would be divided among the Borough and Peninsula municipalities and could be up to $20,000 a year. However, the amount of yearly fees could be circumvented by activity of the Trade Zone. Williams noted, referring to past discussions about the proposed gas pipeline to Anchorage and Nikiski, the Zone would be necessary for the future of the pipeline. He added, the Peninsula Mayors support the Zone and would be taking the matter to their councils for support. VOTE: There were no objections. SO ORDERED. C-2o Resolution No. 99-58 -- Awarding a Contract for Two Police Patrol Cars. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 4 of 15 MOTION: Councilman Bookey MOVED for approval of Resolution No. 99-58 and Councilman Moore SECONDED the motion. There were no public comments. Councilman Bannock stated he was disappointed to have the resolution before them because the Police Department bid the type of automobile that was bid and more disappointed the bid was sent off of the Peninsula. He asked council that if they prescribe to the "buy local" theory, they put their money where their mouth is and vote no on the resolution. Councilman Frazer noted it appeared there were three local dealers who didn't bid and asked if there had been any input why they didn't bid. Chief Moms explained, there was only one manufacturer that makes a full-sized police sedan; the Ford Crown Victoria. He noted, Hutchings Chevrolet brought an Impala police package for the Department to review and found it would be too small when the cage and other equipment are added. Williams noted he recalled a previous discussiOn that General Motors was not going to make large cars for this purpose and though he was a supporter of "buy local," he was surprised to see the letter from Kenai Chrysler (it was distributed to council at the beginning of the meeting) asking council to accept their apology for not responding to the bid. He added, he did not know if they were not aware of the bid or just didn't respond. Williams asked what type of automobile would be available from Chrysler for a squad car. He also noted, though both Cal Worthington and Seekins Ford were businesses off the Peninsula, they both had facilities on the Peninsula. He added, in a sense, they were both local businesses. Williams added, there were lots of things purchased from dealers off the Peninsula who have associates on the Peninsula who get credit for the purchases. He stated, he failed to see the relevance in Bannock's comments. Williams added, he would vote to support Resolution No. 99-58. Councilman Bookey stated he saw two bidders (on the resolution) and neither were businesses in the City of Kenai. He added, if they were really wanting to speak to "buy local," the council was at a corporate level and if they were wanting to "buy local" within the corporate limits of the City of Kenai, he didn't prescribe to that. He added, he was in a business needing to make bids and had bid against people in Anchorage and in the Borough. Seekins and Worthington have lots on the Peninsula. If the other dealers on the Peninsula chose not to bid, it was their prerogative. He continued, council had two worthy bids before them and he would support the resolution. Bannock stated the letter from Kenai Chrysler was to apologize for not responding in a no-bid fashion. He added, he thought it was rude they did not respond. He continued, Chrysler Corporation did make a police vehicle, however the only thing the KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 5 of 15 Chrysler vehicle had in common with the proposed bid specifications were the "year 2000" and "police vehicle," otherwise nothing came close to it. He added, he did not work for Cal Worthington or Seekins Peninsula Ford and did not want to speak for them. However, as a matter of record and fact, Cai Worthington Ford was not on the Kenai Peninsula. He added, they had a used-car operation locally, but if anyone wanted to be technical about it, it was not Cal Worthington Used Ford that was on the Peninsula because that was part of the dealer agreement. Bannock continued, Bookey was absolutely correctly in that ff the city chose to Have a local bidders' preference, which it did not have (and wasn't suggesting to have one), in investigating the matter, there was a lot more of Seekins Peninsula Ford dollars invested in Kenai than Cal Worthington Ford dollars. He added, it was not the money issue to him or whether Cal Worthington was local or not, but the issue that the bid was sent off the Peninsula and it was not necessary to do that. Bannock continued, Seekins Peninsula Ford had no idea they were the only one on the Peninsula who would bid the vehicle. He added, they don't collude. Bannock stated, he would not support the resolution and urged council not to support it. Bannock suggested, council direct administration to keep it here. VOTE: MOTION PASSED. C-3o MOTION: Resolution No. 99-59 -- Adopting Certain Street Name Changes. Councilman Bannock MOVED for approval of Resolution No. 99-59 and Councilman Bookey SECONDED the motion. There were no public comments. Bannock reported the matter came from the Planning & Zoning Commission. He noted, because there had been some confusion whether Togiak was in Thompson Park or close to Third Avenue, the street was named Gilbertson for the developer of the subdivision. Bannock added all the changes were passed by the Commission. ' Bookey asked if there had been any public comments made at the Commission's public hearings. Bannock answered, the minutes of the last two Commission meetings didn't show any public comments made in regard to the matter. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 6 of 15 VOTE: There were no objections. SO ORDERED. ITEM D: , COMMISSION! COMMITTEE REPORTS D-X. Council on Aging-- No report. D-2. Airport Commission -- Bannock reported the Commission met on Thursday, October 14 at which there was a brief discussion in regard to landing fees and ski strip promotion. He added, there was a lengthy discussion regarding noise abatement procedures. Bannock reported an explanation of the changes to the flight patterns was given by the Airport Manager and National Guard representative. He added, several members of the public spoke and all were in support of the procedures. Bannock also reported the Commission discussed briefly the new car rental lease bid documents which were distributed at the beginning of the meeting. He noted there were five slots available and would go to competitive bid. The draft documents would be brought to council at their next meeting for consideration. Bookey stated it was very obvious the noise procedures had been implemented and he felt sure there would be some major benefits to the residents in the affected subdivisions. Bannock noted a suggestion was made to change the cut-off time for training from 10'00 p.m.-7'00 a.m. to 9'00 p.m.-7:00 a.m. He added, the procedures were voluntary and the airport manager would be logging any complaints and tracking them. D-3. Harbor Commission -- Bookey reported a meeting was scheduled for October 1 1, however there was no quorum. Instead, the Commission had a brief work session with District Ranger Berkhahn who was in attendance. He added, notes of the work session were included in the packet. D-4. Library Commission -- Moore reported the Commission would meet again on November 2. D-5. Parks/h Recreation Commission -- Frazer reported the minutes of the October 7 Parks & Recreation Commission were included in the packet. He noted, the cemetery sign had been removed and a new sign was being built by Garland Buffmgton and Morgan Steel (who was donating the metal). He added, Alaska Petroleum Contractors was donating the shop and equipment to help complete the sign. Parks & Recreation Director Frates reported they hoped the sign would be completed within the next month. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 7 of 15 Williams reported he attended a meeting with Rick Baldwin and a HUD representative in Anchorage and discussed the possibility of funding to complete the remaining phases of the multi-purpose facility. He noted, the representative seemed very interested in the project and would be investigating their budget for funding that might be applied to the project. Williams added, he would be meeting again with HUD. He noted Baldwin discussed the membership of the LLC and the work the city and LLC did to develop the partnership and operating agreements. D-6. Plaaniag t!~ goniag Commission -- Bannock reported the minutes of the October 13 Commission meeting were included in the packet. He noted the Commission acted on the renaming of some of Kenai streets which council had already discussed and made a recommendation for making property in front of the Senior Center available for sale. Bannock added a home occupation permit was also approved. Bannock reported the matter regarding the Mellish landscape plan would be before the Commission at their next meeting. Also, he advised the Commission the council would be asking them to hold work sessions during the winter to review code revisions and requested the Commission wait until the winter to discuss the proposed livestock ordinance. The Commission had no objections other than they did not want to wait longer than the winter to discuss the matter. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the Committee met on October 12. She noted several of thc members met several days after the meeting and planted bulbs at Leif Hansen Park. She added, the Committee would meet again in November to continue their work. D-Tb. Historic District Board-- Moore reported the Board met on October 19 and discussed two items which they wanted brought to council for consideration; the acquisition of the old Fish & Wildlife buildings/property in Old TOwn and the development of a video regarding Old Town. Moore added, it was stated the Fish & Wildlife property had been transferred to the Kenai Natives Association, Inc. and it was thought the Association had sold it. The Board felt the possible acquisition of this property was worth exploring. Moore continued, the Board discussed the possibility of the city sponsoring a contest for high school students to produce a video about Old Town as school projects and the city offer $1,000 as a prize for the video chosen. He added, the Board would provide the criteria for the video and would judge the videos. Williams requested administration investigate the ownership of the property. noted the Visitors Center Board would be meeting on October 27 where Doug Bookey KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 8 of 15 Campbell, the new executive director of the Kenai Natives Association would be present. The ownership of the property could be questioned at that time. Williams noted, a historical museum had been discussed previously by council and he hoped one could be constructed in the future to house machinery being collected. D-7c. Kenai Visitors/t~ Convention Bureau Board -- Bookey reported the Board would meet on October 27 at 5:30 p.m. D-7d. Alaska Municipal League Report -- Williams reported he had been wortdn§ with Mayors Navarre and Lancaster in re§ard to the conference. He noted, he had also been talkin§ with the KCHS §ovemment teacher and was investi§atin[ whether some of the §ovemment students could attend portions of the conference. Williams also reported three award applications had been submitted to AML in regard to the City's accomplishments. He noted, he would be making several presentations at the conference. Williams noted the application of Don Gough for appointment to the Planning & Zoning Commission was included in the packet as well as a letter of resignation from Cecelia Richard from the Historic District Board. Williams added, he understood Amy Jackman would be submitting an application for appointment to the Planning & Zoning Commission. Williams suggested appointments would be considered at the November 17 council meeting. ITEM E: MIl/lITES *Regular Meeting of October 6, 1999 -- Approved by consent agenda. ITEM F: CORRF_~PONDENCE-- None. ITEM G: OLD BUSINESS-- None. ITEM H: I-I-X. NEW BIIiI1/F.~$ Bills to be Paid, Bills to be Ratified KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 9 of 15 MOTION: Councilwoman Swamer MOVED to pay the bills and Councilman Bookey SECO~ED the motion. There were no objections. SO ORDERED. H-2. Purchase Orders Exceeding $2,500 MOTION: Councilman Moore MOVED to pay the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. VOTE: Williams: Moore: Yes Yes Bookey: Yes Swarner: Bannock: No Frazer: Yes Yes MOTION PASSED. H-a. Ordinance No. 1843-99 -- Finding That Certain City-Owned Airport Land, Described as Lot 1, Spur Subdivision, Senior Citizen Addition, Is Not Required for a Public Purpose. Introduced by consent agenda. H-4, Discussion -- Phase I LLC Use of Softball Bleachers Councilman Moore reported he had been approached by a member of the LLC who asked if the city would allow the use of two blocks of the softball bleachers at the multi-purpose facility during the winter. Moore asked if the bleachers' use would be possible. Ross answered, since the city owns the multi-purpose facility and anticipated bookings through city departments, there was no objection in moving two blocks of the bleachers over to the facility for the winter. He noted, there would be no need for an agreement with the LLC for the use of the bleachers. Williams asked if the bleachers would be taken back to the ball park after the hockey season ended. Ross answered yes. ITEM I: I-1. ADMINISTRATION REPORTS Mayor -- KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 10 of 15 a. Anchorage Visitors Center -- Williams reported he would be traveling to Anchorage in the morning to listen to a presentation about a plan for a new convention center in Anchorage. b. Challenger Center -- Williams reported he attended a Challenger fundraising function at which British Petroleum made a $200,000 donation to the Center. Several other corporations are enthusiastic about the Center, he added, as well as other oilfield companies matdng donations. Williams noted, one of the astronauts who attended the function graduated from West High School and attended the University of Alaska. 1-2. City Manager-- a. Multi-purpose Facility Restroom Facilities -- Ross referred to his memorandum included in the packet regarding restroom facilities at the multi- purpose facility. He stated port-a-potties would be used at the facility this winter, he believed, but that other options were bein§ reviewed. Ross added, putting in service lines for restrooms would increase the amount of the contract significantly. They were waiting to see what is left in contingency before considering a change to the contract.. b. Point Possession Land Disposal -- Ross reported copies of the disposal plan were available in City Hall and copies had been placed on the councirs table for their review. He noted, the plans were provided by the Borough. c. Resignation -- Ross reported Lynda Ruesch resigned her position as Dispatch Supervisor. He noted, Ruesch had worked for the city for 15 years and a potluck would be held on Friday. Council was invited to attend. d. Juvenile Detention Center -- Ross reported a public hearing was scheduled for November 4. He noted, sites in Kenai and Soldotna were being considered, however it was unlikely funding would be available. Ross added, Lt. Kohler was a member of the committee reviewing the matter and was representing the city. Attorney-- No report. I-4o City Clerk -- No report. I-5. Finance Director -- Noted the quarterly investment report was included in the packet. I-6o Public Works Managers KorneHs KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 11 of 15 a. Unity Trail -- Komelis reported he attended a public hearing regarding the Unity Trail. He noted, they planned to have the engineering completed during the winter and most of the construction completed next summer. Another hearing will be held after some of the drawings are completed. b. OSHA Training-- Komelis reported the city would be holding public employee health and safety training on October 27, 28, and 29. c. Water Report -- Komelis reported all the city's customers for water were marled copies of the Consumer Confidence Report (CCR) which discusses the quality of the city's water. He noted, copies of the report would also be available to. the public at the Library, City Hall, Fire Department, Recreation Center, etc. Bookey asked when the Forest Drive bid would be scheduled. Komelis answered, it was his understanding it was to have been in September but it was not. He noted, he understood the funding was committed. Bannock asked for the financial statistics for the Unity Trail. Komelis answered, $2 m~ll~on for the total project and 97% of the costs would be federally funded. La Shot Reported there had been a group of contractors at the FAA property, preparing to complete the clean-up efforts. I-7o Airport Manager -- No report. ITEM J: DISCUSSION J-1. Citizens Amy Jack. an -- Stated she is a resident of the city and she and her husband own a property business in Kenai. She noted, she would be submitting an application and letters of support for possible appointment to the Planning & Zoning Commission. Jackman added, she was very interested in the Commission and she was a hard worker and dedicated to what she gets involved. She encouraged council to call her and ask questions about her views and opinions as she thought they would be weighed heavily in their consideration of appointment. J-2. Council Bookey-- No comments. KENAI CITY COUNCIL MEETING MINUTES OCTOBER 20, 1999 Page 12 of 15 Swarner -- Wished a belated birthday to Ross. Swamer also asked why the burned house on Forest Drive had not been razed. Chief Elson answered, the owners, for whatever reason, had not chosen to repair it or raze it at this time. Swamer asked if the building could be condemned. La Shot answered, it was possible it could be if the house became an attractive nuisance. He added, he would check with the Building Official to see if there had been any input received. Elson stated the house still had some value to it. Bookey asked if the trailer in Old Town would be removed. burned approximately 15 years before and was a nuisance. situation be investigated. Elson stated they would. He noted, the trailer had He requested the trailer Moore -- Asked what happened with the log house on Third Street (Fourth) and asked if it had been a voluntary removal. Elson answered, it was voluntary. Bannock -- Reported he would not be in attendance during the November 17 council meeting (the meeting council members would be sworn). A brief discussion took place and it was decided the Clerk and Attorney would review the Charter and make the necessary arrangements for Bannock's oath. Alliance Meeting -- Frazer reported he and Swarner attended an Alliance meeting in Anchorage at which the proposed natural gas pipeline was discussed by Mayor Cobb of Valdez. Williams -- Referred to an anonymous letter included in the council's packet which made positive comments of the city's services. Bookey stated he agreed with the writer in his/her comments regarding the phone-answering recording. EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 8' 10 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk o co ~ 0 ~ 0 0 0 0 0 0 o o o o 0 o o o ~ o m~ n,' n,' 0 uJ 0 0 <~ z 03 0 IJJ 0 lU 0 0 z 0 z uI (/3 Z 0 0 >- 0 enai-Soldotna Women's Resource & Crisis Center p~ac;'Lo~ October 28, 1999 Mr. Rick Ross City Manager City of Kenai 210, Fidalgo Kenai, AK 99611 OCT 2 8 1999 Dear Rick: The Kenai-Soldotna Women's Resource & Crisis Center (WRCC), a 501©(3) non-profit corporation, plans to apply for an Emergency Shelter Grant from the Alaska Department of Community and Economic Development. The grant application is due November 12, 1999. The WRCC plans to request approximately $24,000 from the State, which will support facility operations, minor renovations and client services at the agency's Transitional Living Center, a 13-bed transitional living facility (located at 403 N Gill Street in Kenai) as well as client services provided at the VVRCC's 4-unii Independent Living apartments (located at 404 Eadie'S Way in Kenai). These programs provide confidential residential services which are targeted for, but not limited to, victims of domestic violence and sexual assault who wish to transition to a substance-free and violence-free lifestyle. Both TLC and the Independent . Living Apartments ensure that clients receive a wide range of supportive services as they develop the skills to live successfully on an independent basis. The facilities are owned by the WRCC. If grant funds are received, the WRCC will solely administer funds received from the State Department of Community and Economic Development. There will .be'no obligation incurred by the City of Kenai. ' ' Sincerely, Interim Executive Director Kenai-Soldotna Women's Resource & Crisis Center 325 South Spruce Street Kenai, Alaska 99611 Business Line... 283-9479 Crisis Line... 283-7257 Oct- 22-99 03: 19P K/S 14RCC 907- 283- 5844 P. 02 APPENDIX A certification of Local Government Approval For Non.profit Organizations (name and rifle), duly authorized to act on behalf of thc (name of local government), hereby approve thc following Emergency Shelter Grant project(s) proposed by (name of non-profit organization) which is/are to be located in (name of local government): Il .... I I __ _i i i ill .. Date Signature Printed Name and Title of Local Government Official I FFY 1999Emergency Shelter Grant Application paCket I Page 9 CITY OF KENAI "oa e e.a ot 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO:~/ Mayor John Williams and the Kenai City Council FROM: ~.[~-*;:~ Cary R. Graves, City Attorney DATE' October 28, 1999 RE' Zecee Crow Lease In February 1999, Zecee Crow leased Lot 4, Block 1, Gusty Subdivision, Addition #1, from the City (next to Ski Mo's). His lease payments are $493.50 per month, and he is currently $3,306.05 behind in the lease payments. He has requested termination of his lease. He no longer has plans to utilize the property. He would like to enter into a payment plan and terminate the lease now to avoid several months of additional lease payments while he is paying off the current balance. Mr. Crow has agreed to a payment plan of $600 per month to pay off the back lease payments. Council's policy on mutual termination of leases has been that a leaseholder must be "current" in his/her lease payments before rescission. The issue here is whether a person is considered "current" if he/she has entered into a payment plan with the City. This is not a request to change policy; rather, it is a request for an interpretation of the Council's current lease rescission policy. Under KMC 02.40.020 (liquor license protests), an applicant is considered to have satisfied all obligations to the City if the applicant has entered into and complies with a payment plan with the City. The idea that a person with a satisfactory payment plan is current has been used in other areas of City policy. o Does Council wish to interpret its policy on mutual rescission of leases to be that a leaseholder that has entered into, and is in compliance with, a payment plan is "current" in their lease obligations to the City? . Does Council wish to mutually rescind Mr. Crow's lease based on his agreement to a payment plan of $600 per month to pay off the existing balance on his lease? CRG/sp INFORMATION ITEMS KENAI CITY COUNCIL MEETING NOVEMBER 3, 1999 o o e Non-Exclusive, On-Airport Automobile Rental Concession Agreement State of Alaska/2000 Gaming Permit Application - Women's Resource & Crisis Center. 10/99 Resource Development Council, Inc., Resource Review. -3- EXHIBIT A NON-EXCLUSIVE, ON-AIRPORT AUTOMOBILE RENTAL CONCESSION AGREEMENT THIS CONCESSION AGREEMENT, entered into this day of , 199___, by and between the CITY OF KENAI, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611- 7794, a home-rule municipal corporation of Alaska, hereinafter called "City", and NAME, ADDRESS, hereinafter called "Lessee". That the City, in consideration of the payments of the rents, fees and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Counter space #NUMBER, first floor, Terminal Building, Kenai Municipal Airport, within the NWl/4, SE1/4, Section 32, T6N, R11W, S.M., AK A. PURPOSE' The purpose for which the Lease is issued is' The fight to conduct an on-airport automobile rental concession at the Airport from the terminal for the convenience of passengers utilizfl~g the Airport, and for patrons and tenants of the Airport. Such fight includes the fight to rent automobiles to the general public at or on the Airport; provided, however, that such rentals of automobiles are consistent with the standards of the City and the industry. During the term of this Agreement the City will authorize no more than five Automobile Rental Concessions to operate from the Terminal at any one time. The City reserves the rights to authorize, regulate, and charge a fee for Off-Airport Concessions to operate on the Airport. The Concessionaire shall have the fight to rent counter space to conduct an automobile rental business, subject to the terms of this agreement. TERM' The term of this Lease is for 5 years, commencing on the day of , 19~, to the 31st day of January, . Ce FEES AND PAYMENTS' The rental specified herein shall be payable as follows: 1. Right of entry and occupancy is authorized as of the day of ,19 . Rental shall be computed at the current rate as set by the City Council ($1.65 per square foot per month for 100 square feet of terminal space, for an annual fee of $1980.00, plus applicable sales tax.) , The amount of rents or fees specified herein shall be subject to increase based on the per square foot rate set by City Council each year. Concession Fees' For the fights and privileges granted under this Agreement, the Concessionaire will pay to the City, on a monthly basis, the GKEATER of the annual guarantee or the percentage fee, as follows: Page I of 15 Lessor' Lessee: (a) Annual guarantee: One-twelfth of its annual guarantee bid for each of the five years during the term of this Agreement' OR (b) Percentage fee' A monthly percentage fee equal to ten percent of gross sales. (c) For the purpose of this agreement, gross sales include, but are not limited to the following: (1) (2) (3) (4) All monies paid or payable to the Concessionaire from a transaction initiated under this agreement, regardless of either the assigned location of the rental-car or where the customer returns the rental car. Charges for any service performed in, on or through the business conducted under this agreement, and includes all other income and proceeds from or incidental to any business conducted in whole or in part in, on or in connection with the rights granted under this agreement. Goods, work, or services furnished by any person in lieu of payment in exchange for value received. Sales or fees for automobile liability insurance and personal accident insurance. (d) No deductions from gross sales, other than those specifically identified below, shall be allowed: (2) (3) (4) The amount of federal, state, borough, or municipal sales or other similar taxes separately stated and collected and/or reimbursed from customers. Any sums received from sales of capital assets. Any sums received from insurance or other settlements for damage to automobiles or other property of the concessionaire, or for the loss, conversion or abandonment of such automobiles; or any charges collected from a customer for damages to the automobile rented. Any sums received for loss damage waiver insurance. Replacement fuel charges. (e) During any Agreement year, if the Concessionaire's total payments, excluding terminal rent and parking fees, equal the annual guarantee, the Concessionaire will pay only the percentage fee for the remainder of that Agreement Year. The Concessionaire will continue to pay the required parking fees and terminal rent regardless. Page 2 o f 15 Lessor: Lessee: (f) Ready/return parking spaces. The fight to use parking space for 15 vehicles is included, at no additional charge. Parking space location will be allocated in order of bid, with the best and highest bidder having first choice of row. The current location of ready/return spaces is depicted in Exhibit E "Parking Area Layout". The City reserves the right to designate other locations if necessary for the efficient operation of the Airport. The charge for additional spaces is five dollars per month or any portion of a month when the additional space is used. Additional spaces are allocated equally, at the discretion of the airport manager, depending on availability. The Concessionaire will, at its own expense, provide and install signage for each of its Ready-Return Parking Spaces. Signage and installation plan will conform to airport standards and be approved, in writing, by the airport manager or his designee. 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Sales tax now enforced or levied in the future. (b) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. o The City and/or its designated representatives reserves the right to audit Concessionaire's books and records at any time for the purpose of verifying the Gross Revenue. If, as a result of such an audit, it is established by the City that Concessionaire has understated the Gross Revenue received by three percent (3%) or more (after the deductions and exclusions provided for herein), the entire expense of said audit shall be borne by concessionaire. Any amount found to be underpaid will be assessed to the concessionaire along with penalty, audit costs, if applicable and interest. 5~ Revenue Diversion: Concessionaire shall not cause or allow to be diverted from the Airport any of its automobile rental business in any manner to avoid or reduce its Gross Revenue upon which its financial obligations owed the City is computed. In the event Concessionaire establishes, owns, operates, or manages during the term hereof any automobile rental business within five (5) miles of the Airport, it agrees to make all books, records, and other pertinent documents of such automobile rental business available for audit by the City and/or its designated representative to ensure compliance with this provision. If, as a result of such an audit, it is established by the City that Concessionaire has understated the Gross Revenue received by three percent (3%) or more (after the deductions and exclusions provided for herein), the entire expense of said audit shall be borne by concessionaire. Any amount found to be underpaid will be assessed to the concessionaire along with penalty, audit costs, if applicable and interest. Page 3 of 15 Lessor: Lessee: De 6. Timely payment' Fees are due on the 1st and delinquent after the 15~h day oi each month. Time is of the essence in meeting these requirements and the City will impose interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. The Concessionaire will make all payments using instruments denominated in United States of America currency. GENERAL COVENANTS' le 2~ . o 5~ . e USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. USES NOT CONTEMPLATED PROHIBITED' Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in above airport lands, without the written consent of the City is prohibited. ASSIGNMENT OF SUBLETTING: Lessee with City's prior written consent, which will not be unreasonably denied, may assign, in whole or part, its rights as Lessee hereunder. COSTS AND EXPENSES: Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by Lessee. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material there from, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. PAYMENT OF ..RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable and compatible with its uses and surroundings. The cost of any additional improvements to the terminal space shall be at the Lessee's expense. RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons there from. Page 4 of 15 Lessor' Lessee: . 10. 11. LEASE UTILIZATION: Leased space shall be utilized for purposes within the scope of the application (made a part of this Lease and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. CONDITION OF PREMISES: The premises demised herein are unimproved and are leased on an "as is, where is" basis. OFFER TO LEASE ACCEPTANCE: The offer to lease is made subject to application laws and regulations of City, and may be withdrawn without notice at any time after fifteen (15) days from submission thereof, unless within such fifteen (15) days the Lessee executes and returns the lease to the City. 12. UNDERLYING TITLE' The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 14. INDEMNIFICATION AND INSURANCE: Lessee covenants to save the City harmless from all actions, suits, liabilities or damages resulting from or arising out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation or use of the premises demised, or privileges granted, and to pay all costs connected therewith. Lessee, at the expense of Lessee, shall keep in force during the term of this agreement, insurance issued by responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Lessee. Insurance requirement hereunder shall be subject to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverage's commonly known as, or similar in kind to, public liability, products liability, property damage, cargo, aircraft, fire, workmen's compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where possible name City as Additional Named Insured there under and shall contain a waiver of subrogation against the City. Page 5 of 15 Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation Lessor: Lessee' within this agreement as attachment thereto. In any event, Lessee is not commence to exercise any of the fights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City of the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follows: Comprehensive General Liability Combined Single Limit (Bodily Injury and Property Damage) Workmen's Compensation $1,000,000.00 Statutory Limits 15. 16. Automobile Liability Combined Single Limit (Bodily Injury and Property Damage) Statutory Limits - AS 28.20.070 Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated without penalty, on five (5) days written prior notice to Lessee. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien fights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the fights or Page 6 of 15 Lessor: Lessee: 17. 18. 19. 20. 21. Page 7 of I5 privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. SURRENDER ON TERMINATION' Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all govemmentaJ units in connection herewith. RULES' Lessee shall observe, obey, and comply with all applicable rules, etc., of the State or Federal governments. AIRCRAFT OPERATIONS PROTECTED: There is hereby reserved to the City, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the a airspace above the surface and all improvements approved by the City of the premises herein conveyed, together with the fight to cause in sa_id airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. LESSEE TO PAY TAXES' Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State, Borough, City, or any other tax levying body, upon any taxable possessory fight which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. Lessor: Lessee' 22. 23. 24. 25. 26 Page $ of 15 SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for hereto. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. DEFAULT BANKRUPTCY,. ETC. If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. DISADVANTAGE BUSINESS ENTERPRISES (DBE'S)' The City of Kenai's policy is to ensure that DBE's have the maximum opportunity to participate in the performance of Airport concession contracts. (a) Concessionaire's obligation: The Concessionaire will ensure that DBE's have the maximum opportunity to participate in the performance of this agreement. The Concessionaire acknowledges that the City has set a minimum 10 percent DBE participation goal for this agreement. This Agreement is subject to the requirements of the United States Department of Transportation's regulations, 49 CFR part 23, subpart F. The Concessionaire agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement covered by 49 CFR part 23, subpart, F. The Concessionaire agrees to include the above statements in any subsequent concession arrangements that it enters and cause those businesses to similarly include the statements in further agreements. The Concessionaire will comply with all applicable laws and regulations regarding the fair and equitable treatment of DBEs now in effect or which may subsequently take effect during this Agreement. The Concessionaire will include a provision to this effect in any subcontract or other arrangement for DBE participation entered into under this Agreement. PARTIAL INVALIDITY: If any term, provision, condition, or part of this Lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts sbo~! continue in full force and effect as though such declaration was not mad Lessor: Lessee' 27. 28. 29. Page 9 of 15 MODIFICATIONS: No lease'may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. WARRANTY: The City does not warrant that the property, which is the subject of this Lease, is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. (d) Driving Practices: The concessionaire will closely control and supervise the driving practices of its employees. The concessionaire may not permit fast, reckless, or unsafe driving by its employees. The Concessionaire will take all steps necessary to correct specific instances of misconduct. (e) Improperly Parked Rental Cars: The Concessionaire is aware that its customers may park Rental Cars improperly on the Airport and acknowledges that the City has the right to cite or impound improperly parked Rental Cars to protect and preserve the orderly flow of traffic at the Airport. The Concessionaire will promptly remove any of its improperly parked Rental Cars and be subject to paying the charge for impound or any citation given. (0 The Concessionaire will make reasonable efforts to inform its patrons of the proper location for parking Rental Cars. Lessor: Lessee' 30. CARE OF PREMISES' Lessee, at its own cost and expense shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 31. LESSEE'S OBLIGATION TO REMOVE LIENS' Lessee will not permit any liens including, but not limited to, mechanics', laborers', or material men's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sub lessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the fight to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at Lessee's own expense. 32. CONDEMNATION: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi-public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and Lessee are unable to agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration. 33. SURRENDER: At the expiration of the term f~ced or any sooner termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 34. PROTECTION OF SUBTENANTS' To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided Page 10 of 15 Lessor: Lessee: such subtenant shall make full and complete attomment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 35. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 36. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the City of Alaska. 37. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub-paragraph (b) Hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall .also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust, or security assignment. (c) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 38. Page 11 of 15 ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof,' and remove Lessor: Lessee' 39. 40. 41. 42. 43. 44. persons and property there from, either by summary proceedings or by a suitable aCtion or proceeding at law without being liable for any damages therefore. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the 'part of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any covenant or provision therein contained, nor any waiver of any fight there under by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving of the Lessor of any notice there under to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given there under by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. EXPIRATION OF LEASE: Unless the Lease is renewed or sooner terminated as provided herein, the Lessee shall peaceably and quietly leave, surrender, an yield up unto the Lessor all of the leased land on or before the last day of the term of the lease. FIRE PROTECTION..: The Lessee will take all reasonable precautions to prevent, and take all necessary action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within 'the area wherein the leased premises are located. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in part at any time upon 90 day notice by Lessee. Lessee will leave premises in a clean and orderly condition. UNLAWFUL USE PROHIBITED' Lessee shall not allow the leasehold premises to be used for an unlawful purpose. Page 12 of 15 Lessor' Lessee' 45. APPROVAL OF OTHER AUTHORITIES' The issuance by the City of leases does not relieve the Lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, City or Federal agencies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI By: Richard A. Ross City Manager Page 13 of 15 Lessor: Lessee' LESSEE: INDMDUALLY: By: By: Title (If Lessee is a Corporation) ATTEST: Name Title STATE OF ALASKA THIRD JUDICIAL DISTRICT )SS THIS IS TO CERTIFY that on this day of , 199 , Name' , Title' , of , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Public for Alaska My Commission Expires: Page. 14 of 15 Lessor: Lessee' STATE OF ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of , 199__ being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska My Commission Expires' STATE O F ALASKA THIRD JUDICIAL DISTRICT )SS THIS IS TO CERTIFY that on this day of , 199__, RICHARD A. ROSS, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: Approved as to lease form by City Attorney Approved by Finance Director Approved by City Manager Page 15 of 15 Lessor: Lessee: Alasl<a Deoartment of Revenue Income ancl Excise Auclit Division PO Box 110420 Juneau, AK 99811-0420 Tete0none 907.465.2320 State of Alaska 2000 Gaming Permit Application AS 05.15.020 ORGANIZATION INFORMATION 92-0069306 Women's Resource ; ocr This form is also available on me Intemet at www.revenue.smte.alcus/aa/forms ... I P.~w~t Numrmr I Te~'~me Number & Crisis Center (907)283-9479 TYPE OF ORGANIZATION (cnecl( one box. For oefinmon see AS 05. ! [~ Chantaole Fi ~ - ~. - . . .. ' , I ORGANIZED AS PERSCNS IN CHARGE OF GAMES. Persons must be actn/e members of the or.camz3t~on, or an ernmoyee of the mun":i.oa,ty, 3n(~ cesmgnatecl by the organization. Memoers may not be licensed as an operator, venclor, or emoioyee of a venclor. Pnmary Memoer Name ,~ltema~e Memoer Name ' Heather Arnett Kathrvn Tomrdle Soc~a~ Securrty Numoer J Daytime re~elanone Number :$oc:a~ ~ecur~ Numr~er · i Oay~me Telephone Number 574-50-6110 Mailing Acc~ress Ma,lng Ad(Irc, ss. 268 River Watch Drive PO Box 698 C;ty, State and Zip Code C;~, State ara3 Zip Code Soldotna_________~_, AK 99669 Kenai, AK 996'11 Has the pnmary member taken and pas__~.ed the test?. ~ Yes [~ No Has the attemate member taken and passed the test? ~ Yes 1"[ No Permit number under which the test was taken. O) C) 0 ~ 0 C~ Permit number under which the test was taken.._.~..~~,~ THESE QUESTIONS MUST BE ANSWERED. (see instructions) [~ Yes [~ No Has any member of management or any person who is resl3onsible for gaming activities ever been convicted of a felony, extortion, or a violation of a law or ordinance of this state or another jurisdiction that is a crime involving theft or dishon~ or a violation of gambling laws? ["1 Yes [~ No Does any member of management or any pemon who is resm3nsible for gaming activities have a prohibited financial interest as defined by 15 AAC 160.954 - 959. · We declare under penalty of unswom falsi#ca#on, that we have examined this application, including any attachment,, and that to the best of our knowledge and belief, it is b'ue and complete. We understand ~hat any false statement made on this application or any attachments is punishable by law. Pdmary Member Signature Printed Name ~-- Heather Arnett /~ - /~- Vice see instructions) Printed Name Date - June Harris 'ailing Address of President or V~e President Daytime Telephone 520 Pine Ave., Kenai, AK 99611 " .~ ' ; (907·) 283-9479 ~axe cnec#s paya~e to the State of Alaska See inst~uc~ons for mandat~ry attachments. Form 04-826 (Rev 09/99) Front A copy of this application must be sent to all applicable municipalities and boroughs. 2000 Gaming Permit Application , Women's Resource & Crisis Game Type (use for corm~Mmg mfonTmXm 0etow.) Rafflen Oog Mumef~ Contee~ PuS-TaI~ ~ M~ S~ ~ of S~ ~ ~ ~s~~ , , ACTIVITES COND~ BY ORGANIZATION The Getaway , , The Gamercom Ce F. IN .... ]Perm~ Numoer ' ,~ter 92-0069306 509 Gooee GT~smc:s Race C~a~cs Ice Cb~ics Ran C~ssics Meretay ~ Snow Ma:nine Ctasaics Game Type(s) is l=ac~ity 35553 Kenai Spur Highway, Soldotna AK Pulltab~ [~ Oonatecl r"? I"] Donat~ C~ Donated C:] Pulltabs 610 Attla Way, Kenai AK ACTIVITIES CONDUCTED BY VENDOR (pull-tat~ am the only games a vendor can conduct) Vendor registration and f~e must be attached. Name of Verier ~I Aclclm.~ Venclor NumDer ACTMTIES CONDUCTED BY OPERATOR N~ne of Operltuz ' . Came Type(s) , ACTMTI~ CONDUCTED BY MULTIPLE-BENEFICIARY PERMITTEE Name of MBP ~ Addra~ ... " Game Type(s) MBP Number , , , , , · .. · DED=A~oN O~ NET PROCEEDS. The ~F4n~ mu~ pmn to use me n~ proceeds ~om gam~g ~c~v~e~ for p~ak~l, ed~kmsl, ~v~ pubic, ~m~b~, patriotic or religiou~ use~ in A~m. (See statutes and regulations for speci~ rulee.) In the space provided, tell how your organmtion intends to use the net proceeds . . ~ gamir~ ~:ti,ffil~. (l~ ~:~.ifi~) .. , , , ,,, · Ail proceeds ~rom pull tab sale's are used for client: Form 04-826 (Rev 09/99) Back I999 A periodic publication of the Resource Development Council, Inc. NMFS to classify Cook Inlet beluga whales as "depleted" under M M PA Determination on "endangered" listing to come next spring The National Marine Fisheries Service (NMFS) is proposing to classify the Cook Inlet Beluga whale as a "depleted" species under the Marine Mammal Protection Act (MMPA). The federal agency will not be making a final determination on whether Cook Inlet beluga whales should be considered threatened or endangered under the Endangered Species Act (ESA) until the results of the 1999 population Court turns down injunction, pollock fishing continues A federal judge has turned down a request by environmental groups to further curtail pollock fishing in the Bering Sea and Gulf of Alaska. surveys are completed. That decision is expected next spring, i would have increased the burden on fishermen "said Stephanie Madsen, In a letter to Lee Stephan, Chair- , man of the Cook Inlet Marine Mammal Vice President of the Pacific Seafood Council, NMFS Alaska Administrator Processors Association and RDC Ex- Steven Pennoyer said that the mea- i ecutive Committee member. sUres necessary to protect the Cook i The National Marine Fisheries Inlet beluga from further decline are Service issued a biological opinion provided through the combined de-,~ last year concluding that pollock pleted designation and a recently fishing in the Gulf of Alaska and the passed Stevens amendment to the (Continued topage 5) MMPA. The Stevens amendment pro- h/bits the subsistence harvest of bei- " amendment removes the uga whales in Cook Inlet until Octoberi ,hr~r~~itate threat to this stock from over- 1, 2000, unless that harvest occurs as "Pennoyer said. "Therefore, · part of a co-management agreement no determination on listing this stock as between NMFS and authorized Alaska a threatened or endangered species Native organizations. ' under the ESA is being made at this "We haven't closed the door on an Endangered Spec/es Act t/sting. A l/sting will at least./n part. be determined by the results of the 1999 surveys. "_ Mike Payne, NMFS U.S. District Judge Thomas Zilly's ruling means the final pollock fishing season of the year can carry on with- out additional cut backs. "There was simply no scientific basis, or other justification, for im- posing new seasonal restrictions that Alaska's pollock fishery is worth more than $700 million annually. Pollock is processed into many uses, including surimi, fish sticks, and fast-food patties. (Photo by Frank Brown,) time." Federal officials say the beluga whales warrant special protection be- cause their population has fallen below 50 percent of their maximum known numbers in Cook Inlet. The listing gives NMFS more aloiiity to control Native hunting which federal biologists believe is the ma~n cause behind the beluga's declining population. (Cont/nuec~ to ~age 4) ught esid s from theent b -Jim Branch ' ' An unforgettable experience in Unalaska It was my pleasure last month to join a contingent of RDC board mem- bers and staff on a trip to one of the mOst dynamic communities in Alaska and the number one commercial fish- ing port in the nation - Dutch Harbor/ Unalaska. RDC chose UnalasKa and the Port of Dutciq Harbor as the s~e for its 1999 community outreach trip to learn more about the region's fishing industry, and the meet with local business and community leaders. The seafood industry is the driving force of the local economy. In 1998, annual .landings from commercial fish- eries i'n Alaska exceeded 5 billion pounds, accounting for 53 percent of · . . 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 .' ..... ,....'";';",..~;!~i:,~.;';',~,'~:~'Li~;'-';~"jl'fli!Branch Sr.- Vice President ..... ' ......... i;;~;'i';!!R~rt Stiles Vice President ...... .-~,, .... ;'.;;;. Charles'Johnson Secretary ........... .'.,',[Z.'i,;;'. ..... ~L.,~i, uwe Gross Treasurer ................. ......... ,; ........... ,..Stan Foo Past President ......................... Allen Bingham · ~ ~. ~. ,;- . .. · Executive Director .................... Ken Freeman Deputy Director .................... "Carl R. Portman Finance/Membership ........... Steven Dougherty Special Assistant ......................... Tadd Owens RDC is located at 121 W. Rreweed. Suite 250, Anchor- age. AK 99503, (907) 276-0700. Fax: 276,3887. Material in this publication may be repnnted 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 Don Graves of UniSea describes the processing of poflock into Surimi to Jim Brancn and Jim Cloud. Surimi appears in seafood products ranging from traditional Japanese holiday foods to artificial crab. the total U.S. harvest. In Unalaska alone, 597 million pounds of fish were landed with a value of more than $110 million. No other port in America was as iqigh in volume and dollar value. The main species that contributed to [tqis remarkable tonnage and value is pollock, processed in local plants into surimi, fillets and by-products such as fish meal, bone meal and fish oil. Other species processed in Unalaska plants include king and snow crab, pacific cod. halibut, herring, black cod, and yellow fin sole. I couldn't help but notice the striking similarities a Dutch Harbor seafood processing plant has with production facilities in Alaska's other resource ;ndustries. A seafood processor must carefully time the intake of fish with the output of product while maintaining equipment uptime, overall productivity and quality control. Unalaska is also a major support base for the offshore factory traw' and factory long-liners. Unalaska Mayor Frank Keity is proud of his bustling community and its fishing industry. He was quick to point out that the seafood industry is the largest employer in Alaska with three top ten companies located in his com- munity. He noted Unalaska contributes neariv S 12 million annually to the state in fish and marine fuel taxes. Unalaska also sells more marine fuel than any other community in the state. (Continued to page 3) 'r~.e RDC delegation stands tcefore a monumen~ hononng the re*,urn of Aleuts to Unaiaska z,,';¢ ot.~er viilages rotlowmg tt~e/r /nrernmen¢ /n Southeas[ Alasi<a dun'rig World War Ii. MaYOr Frank Kelty addresses the RDC i contingent. Kelty is serving his fourth term i aS mayor of Una/asi<a. ! 'Po/lock. a white-fleshed groundfish which fueled the Unalaska fishing boom that began/'n Since the Unalaska economy is almost totally dependent on the sea- food industry, the community has many concerns about the Steller sea lion pro'- tection measures underthe Endangered the/ate 1980s. is mostly processed into surimi. The UniSea p/ant in Dutch Harbor is the /arges[ onshore processor of sunm/ in the U.S. resource and a myriad of parallel regulatory issues. These issues impact the cost of doing business and they are a major Species Act. The community is also concern in Unalaska. just as they are concerned about reduced quotas from forthe oil industry at Prudhoe Bay orthe declining stocks and habitat issues, timber industry, in Ketchikan. Crab stocks in the Bering Sea are in a · major decline. Mayor Keity says re- search and recovery is a priority. The City of Unalaska and the seafood industry share many common concerns with RDC's ottner members ~n the oil. gas. timber, m~ning and tourism industries. We ail face similar challenges, including access to the Unalaska is a community that has experienced a tremendous amount of growth. On ourtour, we saw three major shoreside processing plants worth more than S300 million. We also saw the vessels that fish forthem, as weil as The offshore fleet. We toured a new community recreational center, city hall. medical clinic, public works facility, Unisea employees process pollock during the final fishing period of the year. library, and museum. One of the highlights of our visit was a stop at the Holy Ascension Orthodox Cathedral. which has just undergone a $1 million restoration project. It is one of the most impressive churches in Alaska and is now a National Historical Landmark. Unalaska has a rich past. The island was home to the Ungan people for thousands of years. A world-class archeologicai dig near the museum is uncovering the past of the ancient peoDie of the Aleutians. Raoui Benoit ten~s to the crat~.oo[ lot/n Dutch Hart~or. The io[ h, oids several thousan~ cra~ During World War il. 30.000 U.S. ,dols. Crata from the Ber/ng Sea ends uc ~n [,~e table of consumers all around :/~e world. ~Continueo' to oage 7) October 1999 ~ESOI/,qc~ ~/~^, .,, ,-, ..... Beluga whales to be listed for special protection (Continued from page 1) RDC, the Municipality of Anchorage and numerous business organizations have argued against a listing of the species as endangered or threatened u'nder the ESA because of the additional regulatory burden a listing would create on a wide variety of activities in and around Cook Inlet. Local communities and business interests instead urged federal officials to hammer out a co- management agreement with Native hunters. While a depleted listing under the MMPA is not as onerous as an ESA determination in terms of regulation on existing activities, it still requires federal officials to draft a plan that spells out what actions will be necessary to assure the declining population will rebound. Under the listing, NMFS may develop or implement, conservation or management measures to alleviate any impacts on areas of ecological significance to belugas. The MMPA requires that such measures shall be developed and implemented after consultation with the Marine Mammal Commission and the appropriate federal agencies after notice and opportunity for public comment. "We haven't closed the door on an Endangered Species Act listing," said Mike Payne, Assistant Regional Administrator for Protected Resources. for NMFS. "A listing will at least, in part. be determined by the results of the 1999 surveys," Payne noted. "What we believe to be the immediate threat, which is overharvest, has been temporally resolved" According to NMFS, hunters killed an average of 78 belugas each year between 1994 and 1997. Some Native leaders believe that number is in error, claiming that the process may have counted some harvested whales at least twice. Dan Alex, Project Coordinator for the Cook Inlet Marine Mammal Council, says that while annual harvests have been higher than what environmentalists and federal bioloaists prefer. "!t was no where near The Municipality of Anchorage opposes listing the Cook Inlet beluga whale under the Endangered Species Act. For now the beluga whales will be listed as "depleted" under the Marine Mammal Protection Act. A determination is expected next spring on an ESA listing. accuracy of beluga population esti- mates, calling them too Iow. They note that the purported magnitude of the population decreaSe is suspect because the current lower numbers, derived from using a revised counting methodology, are compared to old higher numbers which have not been adjusted to the revised methodology. "They have no major incentive to negotiate right now because they es- sentially have their moratorium on hI lng through a depleted listing," A. said. "The real issue is that they have now cut off hunting and that is a big concern," Alex added. "A minimal hunt is important to us - whether it is just two or fourteen whales." "We need to tag more whales so we can see where they go in the winter. Biologists believe the belugas five only in Cook Inlet, but we believe that is not the case. They are trying to declare this. stock unique and it isn't." - Dan Alex, Cook Inlet Marine Mammal Council Alex and other Alaska Natives believe the whales migrate into Cook Inlet to feed on fish and go .elsewhere when stocks in the upper Inlet are down. "we need to tag more whales so we can see where they go in the winter," Alex said. "Biologists believe the belugas live only in Cook Inlet, but we . believe that is not the case. They are trying to declare this stock unique and it isn't." Alex expressed concern with the proposed depleted listing, fearing it will remove incentives for federal officials ',¥iqa~ NMFS's reoorting." to negotiate in good faith a co-manage- Native numers also ctqallenged the ment agreement with Native tqunters. Alex was also critical of the influ- ence environmental groups have had on the issue. "We almost reached a co- management agreement at the end of April until conservationists bummed up the Alex said. have works," "They now achieved their goal of stopping hunting. It's done." Payne, however, said NMFS fu~'- intends to hammer out a co-maria,. ment agreement with Alaska Natives and has set a goal of reaching a positive outcome in ti~e year 2000. "We will be working on a co- management agreementthis winter that (Ctont~nued to .page 71 'Fish-Alaska's first permanent fund By. Stephanie Madsen ' '" Vice President, PSPA "Over a decade'ag°, Congress first proclaimed October as National SeafOod Month.' it WaSeStablished to .mcogn~ize one-of the nation's oldest --and most'im'p0rtant"~:.J~dustries. In Alaska, "m~n~' 0f ~[js-'~(~"Sider fish as Alaska's first Pe~naneh't fund. . This 'fund ha~'-~a'~wel'i.diversified 'PortfOlio; inclUdi'ng sai'm0n, herdng, :'.halibUt, c'rab'"'Shrimp' clams, ground- '_fish and a Varie~yo} Other fish species yet to be fully.de~/eloP~d.' Alaskans have been living .Off the annual pro- duction or "interest-' 0{'.this fund for years. Unlike ourvery substantial and valuable mineral and oil resources that when extracted are gone, fish are renewable resources that allow moderate utilization year after year. Seafood consumed per capita increased .3 pounds in 1998, although the 14.9 lbs. per person annually in the U.S. still has a way to go to match Japan's 125 lbs. per person. Here in Alaska, we purchase and process five of the top ten seafood species con- sumed in the U.S. Alaska continues to be the leading region in the nation, producing four times more Seafood products than the next largest U.S. pro- ducing region. ' -,.. ...... ~'..~ - ..... The RDC Board visited:the number one fisheries port in the U.S 'lastmonth, the City of Unalaska's InternatiOnal Port of, Dutch Harbor. In 1998, mOre than 597.1 million pounds of seafood were landed at the port, with a value of $110 ~ million. This is the tenth year in a row · that UnalaskaJDutch Harbor held the ~ number one spot. Kodiak was number three in 1998. As we receive our Permanent Fund dividend this month, let's reflect on Alaska's first.permanent fund. · _ :. , · ~: Court grants forest association standing on Tongass plan In an order released by the U.S. District Court last month, the Alaska Forest Association was granted stand- ing to bring suit against the federal government over its revision of the Tongass Land Management Plan last spring. Overruling strenuous objections by the Department of Justice, the Cour[ said it has reviewed the record and concludes that the AFA has standing to challenge the modifications to the Record of Decision (ROD). "1 am extremely pleased that the Court has clearly stated that AFA has standing to bring suit in this matter." said AFA executive director ,.Jack Phelps. "In our view, that is the most significant element of the judge's deci- sion. Across the country, the courts are realizing that real people are harmed by extreme applications of various feder~i environmental laws and they nave a rigiqt to orotection by the courts.' "We befieve this plan was adopted illegally and we will continue to pursue the matter in court." - Jack Phelps, AFA The court found that AFA had "raised substantial questions regarding the Assistant Secretary's authority and his manner of dealing with the ROD." The order also says that "the Court is prepared to find some irreparable injury properly alleged by (AFA)" Phelps said the order is encourag- 'ng because it leaves the door open for AFA to proceed on its quest for a re- mand of the forest plan. "We believe [his plan was adopted ~iegaliv and we w~il continue to pursue the matter ~n court,': Phelps said. processing plants"~~¢r~ ~an 2, ooo Steller sea lions- Judge turns down injunction (Continued from page 1) Bering Sea jeopardizes Steller sea lions and their habitat. The fishing industry sharply disagrees with the federal opinion and has called for more research. The Steller has been listed as endangered under the Endangered Species Act after its population nose- dived over the past decade. NMFS worked with the North Pa- cific Fisheries Management Council to impose emergency measures last year and again this summer to curtail or close fishing in sea lion critical habitat areas and to break the fishing season into four periods throughout the year. Environmentalists demanded more restrictions and filed for an injunction. but the judge ruled that new closures would be premature right now. consid- ering the range of sea lion protections already in place and the brevity of this year's remaining season, in July, ZJlly ruled that the emergency measures might be adequate, but that NMFS had faite(] to properly explain its actions as required under tine ESA. October 1999 ,,.' RESOURCE RP\/~^/,~ D.,,-,,, = Environ mental ists sue to block timber deal A coalition of six environmental groups have filed a lawsuit to prevent the Forest Service from moving for- ward on an agreement reached this summer that would feed 80 million board feet of timber to a proposed veneer plant in Ketchikan. tension to log the remainder. This summer's agreement provided for the extension. The agreement requires the timber to be used at the new veneer plant which a new company, Gateway Forest Products. plans to build and have dp- Louisiana Pacific Corporation has ' erational by the end of next summer. rights to the timber under an earlier agreement with the Clinton administration that settled claims resulting from the March 1997 closure of the Ketchikan pulp mill. The pulp mill's timber was provided through a 50-year long-term contract with the Forest Service. When the Clinton "The timber industry in Southeast is doing every- thing it can to adjust to changing markets and the reduced supply The proposed veneer plant is a value-added facility it will take logs that are currently getting chipped. make a higher value product from them and create new jobs in the process. This is good news for everyone except a few radicals who want everyone who isn't a whistle-carver to go on welfare or leave town both." or - Jack Phelps, AFA administration cancelled the contraCt in 1997. it gave L-P until December 31. !999 to log the remaining timber. The company nas inarvested about two-Thirds of the ~mber and has asked the Forest Se~ice for a one-year ex- Environmentalists bitterly oppose the agreement, despite pledges to support value-added processing and a viable, but smaller industry in the Tongass. Non-development interests waged an all-out assault over the past ten years to convince the Clinton adminis- tration to terminate the region's two long-term timber supply contracts and severely reduce logging in the Tongass National Forest. While they routinely launched numerous lawsuits and ad- ministrative appeals over timber sales in the region, environmentalists claimed they were not out to destroy the timber industry, but to help craft a sustainable forest products industry with a smaller environmentai footprint. They were largely successful in their efforts to convince the Forest Ser- vice to sharply reduce logging. Only a mere one-half of one percent of the forested lands in the Tongass are now available for logging. Thousands of jobs have been lost and local communities have taken big hits to their tax base. Cliff Skiilings, a spokesman for the proposed veneer operation, said the 1997 settlement was meant to keep people employed at the site of the Ketchikan pulp mill where the new plant is to be built. The agreement was also 'ntended to ease the transition from pulp production to a new. more environ- mentally-friendly facility. Skillings said the one-year extension granted by the more recent agreement is merely an "adjustment" that is not uncommon and the terms are consistent with the Forest Senz~ce~s goal of helping to usher in a 'new timber industry in Southeast AlasKa. The proposed veneer plant will create u¢ to 70 new /obs and preserve some 200 others by allowing the existing sawmill, pictured aOove, to remain in operation. "This is a small scale, comm~ - based business," Skillings said c ~ veneer plant, which is expected to em- ploy about 70 people. Later this month Gateway is ex- pected to purchase the assets of the old pulp mill from L-P, including the prop- erty at Ward Cove and the remaining timber. Many Southeast Alaskans have ex- pressed disappointment with the law- suit. claiming it verifies the real inten- tions of non-development interests -- to wipe out what remains of any forest products industry in the Tongass. According to Jack Phelps, Execu- tive Director of the Alaska Forest Asso- ciation, · 'the timber industry in South- east is doing everything it can to adjust to changing markets and the reduced supply. The proposed veneer plant is a value-added facility. It will take logs that are currently getting chipped, make a higher value product from them and create 60 or 70 new jobs in the process. It will also preserve some 200 job" '-,/ allowing the existing sawmill to re in operation. This is good news for everyone except a few radicals who '.,,rant everyone wino isn't a whistle-carver to go on welfare or leave town --or ::oth." Beluga whales: Listing will mean more regulation (Cont/nued from page 4) will allow a harvest at some level in the year 2000." Payne said. A depleted listing could be a "step- ping stone" for environmentalists to reach a larger agenda of more regula- tion and restriction. A depleted listing not only gives NMFS the ability to stop Native hunting outside a co-management agreement, it could result in stricter regulation of oil Unalaska: board gets first hand look at industry: city ("Continued' from .~age 3) troops were stationed at Unalaska and Dutch Harbor. During our visit, we saw many remnants of their stay. The Ounalasnka Native Corporation intends to build an interpretive center to tell the story of the Thousand Mile War in the Aleutians. including the sad chapter on the relocation of the Ungan people of this area and the hardships they endured durinq the war years. Unalaska has had a rich and varied past and the community has made many and gas operations, shipping, .' quality of life improvements. It hasastronc~ commercial fishing, sport fishing and and committed fishing industry and is onlY/ treated wastewater discharges from ' beginning to tap its promising potential in local communities. Additional regulation would result in higher costs for resource industries, local businesses and residents and could have a significant impact on general commerce in the region. Environmentalists favor a listing under the ESA because that law has tougher restrictions for development activities in critical habitat areas and the burden is on the developer, not the government, to prove an activity will not pose any harm. RDC is concerned that a depleted listing could give environmental groups another tool to obstruct development. including oil and gas leasing in Cook Inlet. RDC is also concerned that NMFS may attach additional restrictions beyond what would typically come with a depleted listing. RDC has urged NMFS to move forward with a co-management agreement with Native hunters and to conduct more research before a final determination is made. "Our ultimate goal is to see the beluga population recover and for Natives to resume their traditional subsistence hunts at some level." said ' Ken Freeman. RDC's Executive Director. "How we get there is the issue. It shouldn't be to the detriment of our local industries and communities which have not been a factor in the beluga's decline." The public will have 60 days to comment on the aroposed listing once it is pusiishea ~n tine Federal Register later tn's fail. Pu~tica[ion was ex~)ec~ea by the m~adle of Octoi:)er. tourism and sport fishing. It is truly a beau- tiful area of Alaska that is well worth a visit. On behalf of RDC. I would like to thank Mayor Kelty and RDC Executive Commit- tee member Stephanie Madsen for an un- forgettable trip. Stephanie. a former 17- year resident of Dutch Harbor, was largely responsible for putting together our itinerary and keeping us on track. Mayor Kelty, serv- ing his fourth-consecutive term as mayor, gave up his weekend to make sure our trip was a grand success. Upper left: RDC board members. /ed by Stephanie Madsen. prepare to enter Un/Sea ?tant. Upper right: The Russ/an Orthodox Cathedral /'s one of the most treasured '.~ndmari~s /n Unaiasi~a. Bottom left: RDC -executive Ccmm/rtee memoer &'lark' Hanlev _ '*.'ked [o tt~e top of Ballyhoo Mountain for a :cmmana'in¢ view of Unaiast~a. Bottom nont: ..~r'ou~ garners on BunKer t-c,';//. ~ The SeDtemi:)er visit would no[ hav ~3een poss~te without the support of OL generous sponsors. A big thank you [ Alaska ,Airlines. the City of UnaiasKg Un/Sea. Aiyeska Seafoods. Westwar: Seafoods. American Seafoods. North Pa cific Fuel. Sealand Services. North Sta Maritime Agencies. NC Machinery, an., Crowley Marine Services. I would also Ilk to extend RDC's appreciation to Rick Knect'- at the Museum of the Aleutians. Dick Davi. at Ounalashka Corporation, Don Graves s Un/Sea. Tom Enlow at the Grand Aleutia~ Hotel and Unalaska Public Works D/recto Bill Bradshaw. Many others deserve reco~ nit/on, including Public Utilities Director Mi~ Golat, City Manager Scott Seabury Unalaska School Superintendent Stev~ Cathers and City Council members Shirle, Marqardt. Tammy Pound. Bev Reid. Gregi Hanson and Rusty Sinnott. We would als(. like to thank Father Peter Bourdukofsky o the Holy Ascension Orthodox Cathedral. I'd also like to thank Don Graves in ~ secondary, capacity, as owner and Capta~r of Shuregood Adventures. one of the cnarte~- operations on the island. Don graciously, gave Bob Stiles. Frank Brown and ! a lift ir. one of his boats to one of the area's outstanding salmon streams where we experienced some "killer cohos." Our only disappointment was that we couldn't sta¢' longer. October ~a99 ,, , ! After more than 50 years of coal mining in Healy Alaska. we've barely begun to tap this valuable energy resource. At our current production rate. vve could mine for another 100 years on our active coal leases alone. And at the Healy Clean Coal Plant. the combination of state-of-the-art combustion technolo,,v and Usibelli's ultra-low sulfur coal ,,,,'ill = oenerate some of the cleanest energy anywhere in the world. 100 CUSHMAN STREET. SUITE "Il) · F:\IRBANKS..-\I_ASKA ,.)t}701 · '007) 452-'"625 Resource Development Council 121 W. Fireweed. Suite 250 Anchorage, AK 99503 ADDRESS SERVICE REQUESTED Mayor John \\'illiams ., City or' Kenai il0 Fidai~o Ax'e.. Suite Kenai AK 975i I Bulk Rate U.S. Postage PAID Anchorage. AK Permit No. 377 Resource Development Council for A~aska, ];nc. presents its 20th Annual Conference on Alaska's Resources Dawn of a New CenturT/ Thursday-Friday, Novemt2er 18-19, 1999 Sheraton Anchorage Hotel ° Alaska Economic Trends: 2000 Forecast ° Alaska's Export Profile · Alaska's Transportation Priorities. Planes, Trains and Automobiles · Port Projects for a New Century · Balancing Alaska's Budget: What Now? · A New Day for Alaska's Oil Industry · A New Approach to the Trans-Alaska Gas 14ipeline · Special Protection for Beluga Whales and Steller Sea Lions. What It Means and Whv It Matters · Co-Management of Alaska's Fish'and Game Resources · Bridging the Urban-Rural Divide °Rurai Energy Issues. Opportunities, Options and Solutions RDC's 20th Annual Conference on Alaska's Resources is where Alaskans from ail waiks of life come together to work for the common goal of sensible and ?rogressive resource develor2ment. It's where Alaska's basic industries -- oil, gas, mining, fishing, timber, and tourism -- meet wi~h other RDC members, including communities, organized labor, NaUve corpora/ions and businesses from neartv every economic sector, to build consensus and link diverse interests for a vibrant and productive economy. RDC's annual conference is the best investment one ca,-,, make in keeping abreast of Adaska's ever- changi.ng and complex resource issues. Dawn of a New Centurv: Where We Are and Why It .Xlatters" delivers cutting-edge information and anaivsis on the l~test trends, state and federal . "' and legislative and administrative actions. As with ail RDC conferences, attendees will be treated to a hardy breakfast, gourmet breaks and lunches, plenty of net~vorking opportunities, an audience o~ decision-makers, and excellent speakers. Don't miss this osportunit:-to ioin your peers in exploring the most :mt2ortant issues ,. ,acing Alaska industry and business. Early Bird R.egistration Form- $175! BEFORE Friday, November 12, 1999' Eariy Bird Rate' $175 As of Monday, November 15' RDC Members' $200 & Non-members' $225 TO REGISTER. · Please take advantage ofthis special EARLY BIRD rate! · Return this form by mail to: Resource Development Council 121 W. Fireweed Lane, Suite 250 Anchorage, AK 99503 or FAX to (907)276-3887 · Fees include a $50 non-refundable processing fee; no refunds after Friday, November 12, 1999 · Participant substitution is permitted, call RDC with changes! · For additional information, call RDC at (907)276-0700 HOTEL ACCOMMODATIONS' Call the Sheraton Anchorage Hotel at (907)276-8700 for reservations. Specify "RDC Conference" for the best rate. The rate is $90.00 for either a single or double. II YES, i am registering for the great Early Bird Rate of $175. Please Print or Type Name' Title' Company' Mailing Address' City: State: Zip: Phone: Fax: Method of Payment: Amount: $ Check #' VisaJMC/AmX #: Expiration Date: Name' (As it appears on the credit card) Sponsor, Underwriter and Exhibitor rates available, call..76-0700 for Inore information BEFORE Friday, November 12, 1999' Eariy Bird Rate: $175 awn of a 8'45 New Where ;Ve Are and Why It Matters Thttrsday-Friday, November i8-19, i999 Sheraton Anchorage Thursday 7.15 "Eye-Opener" Breakfast Hosted by Petro 5Iarine Services Balancing Alaska's Budget. What Now? Governor Tony Knowles (htvited), Senator Scan Parnell (l~tvited), Representative. Eldon *Iulder i0'00 10'30 Century Hotel State of the Economy at the New 5Iillennium Revenue Outlook - Commissioner Wilson Condon. Alaska Department of Revenue Economic Trends: 2000 Forecast- Neal Fried. Alaska Department of Labor Alaska's Export Profile - Grog Wolf, Director' Division of Trade & Development Gourmet Break ' Bridging the Urban-Rural Divide Senator Frank Murkowski (Invited), Carl Marrs, President and CEO. Cook Inlet Region Inc.. Johne Binkley, CEO. Alaska Riverways, Inc.. Chairman, ,Alaska Railroad Corp. Noon- Keynote Lunch -- We Believe in Alaska I'00 p.m. John Seitz. President and CO0. Anadarko Petroleum Company Houston TX Con,,ressman Don 1'30 Alaska Transportation Priorities in the 21~' Century Bill SheffieId. President and CEO, Alaska Railroad Corporation Commissioner Joe Perkins..Alaska Department of Transportation 2'15 Co-5Ianagement of Alaska's Fish and Game Resources Marilyn Heiman. Special .Assistant to the Secretary, U.S. Department of Interior Commissioner Frank Rue, Alaska Department of Fish and Game 3'00 Gourmet Break 3'30 Alaska Port Projects for a New Century John Key. General Manager. Red Dog Mine, Cominco Alaska Bob Leonard, Bowhead Transportation & Qayq Marine (Invited,) Captain Bob Pawlowski. Port Advisor. 5Iatanuska-Susitna Borough Kris Lethin. Adak Project .XIana~er..Aleut Enterprise Corp. Friday' -'00 a.m. Eye-Opener Reception in the Exhibit .Area .qosted by BP Exploration S:00 Do Business and Bureaucrats Really Have to Behave Like Laurel & Hardy? Dale Lindsey. President. Harbor Enterprises. Inc. 8' 30 Rural Energy Issues: Opportunities, options and Solutions Eric Yould, Executive Director, Alaska Rural Electric Cooperative Brad Reeve, General Manager, Kotzebue Electric Association Jerry Booth, Project Nlanager, Gas Development, Cominco Alaska Nicholas Goodman, ",'ice President, Tidal Electric of Alaska. Inc. 9'30 Gourmet Break I0'00 The BP-ARCO 5Ierger. A New Beginning and What It 5Ieans for Alaska Jim Palmer. Vice President. External ,Affairs, BP Exploration 10'30 A New Approach to the Trans-Alaska Gas Pipeline Project :Mayor Dave Cobb. City' or' Valdez. ?vlayor Hank Hove, Fairbanks North Star Borough Noon Keynote Lunch - Special Protection for. Beluga Whales and Steller Sea Lions. What It NIeans and Why It 5Iatters Penny Dalton. Director. National Marine Fisheries Service ([ttvited), Mayor Rick *Iystrom, Anchoraoe (Invited), *,Iayor Frank Kelty, City of Unalaska. ~ . Mayor Darcie Salmon. 5Iatanuska-Susitna Borough, .Mayor Gary Stevens. Kodiak Island Borough, *Iayor John Williams, Kenai. Dan .-klex, Project Coordinator Cook Inlet .\Iarine .\,Iammal Council "'O0 Grand Raffle Drawinz. Champagne and Sparkiin~ Cider Toast Hosted bv Anchorage Convention and ' "7'isitors Bureau - - '_{DC'~ '0~h .4~nu~i Conre,:ence - awn of a Centur.u Platinum Sponsor BP Exploration Host City Sponsor Municipality of Anchorage Cosponsors Alaska Airlines Alaska. Interstate Construction. LLC Alyeska Pipeline Service Company Arctic Slope Regional Corporation Bradley/Reid Communications Cook Inlet Re~ion. inc. Cominco AlaskaJNANA Regional Corporation Cross Timbers Oil Company EXXON Koncor Forest Products Company' National Bank of Alaska VECO Corporation GeneralSponsors Alaska Housing Finance Corporation Kodiak Island Borough Alaska Business Monthly Laborers Local 341 Alaska Journal of Commerce ' Tesoro Alaska Petroleum Company Hardin~ Lawson Associates Alaska Indusmal Development & Exert Authori .ty Alaska Railroad Corporation Alaska's Regional Port- The Port of Anchorage Alaska Rural Electric Cooperative Anadarko Petroleum Company Arrowhead Minerals A.T. Pubiishin~. inc. AT&T Alascom Chugach Alaska Corporation CH2M Hill Deloitte & Touche. CPAs Dovon, Limited DRven Corporation ENSR Corporation Era Aviation, Inc. First National Bank of Anchorao_e Fort Knox Mine/Kinross Gold Corp. H.C. Price Company Gourmet Break Sponsors Alaska USA Federal Credit Union BP Exploration Petro N. Iarine Services- B~'eakfast Unocal Underwriters Hartig, Rhodes, Norman. Mahoney & Edwards Klukwan. Inc. Koniag, Inc. KPMG Peat Marwick LLP Lvnden. Inc. Williams Alaska ?etroieum CCmpany Maratinon :~ztl Minerals Management Service Natchiq Inc. City of Nome Pacific Seafood Processors Association Placer Dome North America Peak Oilfield Service Company Phillips Petroleum Company Racal - NCS Southeast Stevedorin~/Temsco Helicopters Usibelli Coal Mine. inc. Portfolio Sponsor EXXON Toast Sponsor Anchora_oe Convention ~ \';~itors Bureau DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES STA TEWIDE DESIGN & ENGINEERING SERVICES PRELIMINARY DESIGN AND ENVIRONMENTAL TONY KNOI, 4111 A VIA TION A VENUE P.O. BOX 196900 ANCHORA GE. ALASKA 99519-6900 (FAX) 243-6927- TDD 269-0473 (907) 269-0528 or (907) 269-0542 October 27, 1999 Re: Kenai Spur Hwy. - Unity Trail Project No. iVlGS-0221(12)/53928 Scoping Comment Request Mr. John Williams Mayor City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 996~ ~-7794 Dear Mr.~ Williams' The Alaska Department of Transportation and Public Facilities (ADOT&PF) is requesting comments and information on our proposal to construct a pathway between the cities of Kenai and Soldotna adjacent to the Kenai Spur Highway (see attached map). The purpose of the project is to provide a separated, paved, 10 foot wide pathway for use by non-motorized traffic. The pathway would be constructed between IVlileposts 2.8 and 8.1 within the highway right of way. Three wetland areas and five streams will be crossed including three which support anadromous fish. A public meeting was held October 13, :~999 in Soldotna to present the Unity trail concept and to solicit information. Twenty seven people attended the meeting and presented a variety of suggestions ranging from pathway location preference to diverting the pathway away from Kenai Spur Highway. No one in attendance was opposed to the project. No determination has yet been made on which side of Kenai Spur Highway to locate the pathway. Information and input provided by you and the public as well as engineering and design considerations will all influence pathway location. Mr. John Williams -2- October 27, 1999 We will be preparing an environmental categorical exclusion and request comments regarding your agency's permitting requirements and regulatory responsibilities. Your written comments are requested by November 10, 1999. l~n addition to identifying any concerns and/or issues the city might have with the proposed project, the following information is requested. 1. ]:dentify any existing and/or proposed zoning requirements and/or land use controls in the project area. 2. ]:dentify any other local improvement project under construction or proposed in the vicinity of the project within the foreseeable future. 3. Is the proposed project supported by the community? 4. Identify any properties of religious and cultural significance that could be affected by the proposed project. Should you have any questions or need additional information, please contact Mary Leykom, Environmental Analyst at 269-0535. Thank you for your attention to this project. Sincerely, le Environmental Coordinator Enclosure' Figure CC' .lim Bryson, Realty/Environmental Officer, FHWA Carl Nelson, Project IVlanager Susan Wick, Environmental Team Leader I I 0 ~L MAKE 22 PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEETING DATE: ///-~/'~ Mayor and Council Fire Department Police Department Attorney City Manager Senior Center ~' Library. ~,- Parks & Rec. Finance Public Works Airport Engineer Clerk Taylor Springer K¢~ull KilTI 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; Al~enda List: Assembly Members Jon Little {Dally 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.