HomeMy WebLinkAbout2000-03-01 Council PacketKenai
City Council
Meet ing Packet
March 1, 2000
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MARCH 1, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt~://www, ci.kcn~.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unleSs a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUB_LIC CO_MM?-NTS (10 minutes)
ITEM C:
,
.
e
e
,
e
,PUBLIC HEARINGS
Ordinance No. 1850-2000 -- Increasing Estimated Revenues and
Appropriations by $164,065.52 in the General Fund to Pay Outstanding
Taxes and Costs Due on Inlet Woods Subdivision.
Ordinance No. 1851-2000 -- Increasing Estimated Revenues and
Appropriations by $30,000 in the General Fund for the Multi-Purpose
Facility Ice Maintenance Contract.
Ordinance No. 1852-2000 -- Amending KMC 24.15.010, Entitled
"Regulations" and the Cemetery Regulations.
Ordinance No. 1853-2000 -- Increasing Estimated Revenues and
Appropriations by $44,934 in the Airport Land System Special Revenue
F~nd and the Airport Fire Station Capital Project Fund for Engineering.
Resolution No. 2000-6 -- Requesting FY 01 Safe communities Funding
From the Department of Community and Economic Development.
Resolution No. 2000-7 -- Amending Cash Barner Architects' Design
Architectural & Engineering Services Contract for the Airport Fire Station
and Warm Storage Facility.
-1-
ITEM D:
,,
,
2.
3.
4.
5.
6.
7.
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks th Recreation Commission
Planning th Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Cornmi'ttee
b. Historic District Board
c. Kenai Visitors & Convention Bureau Board
d. Alaska Municipal League Report
ITEM E:
.
ITEM F:
MINUTES
*Regular Meeting of February 16, 2000.
CORRESPO~ENCE
ITEM G:
OLD BUSINESS
ITEM H:
..
,
,
.
,
ITEM I:
.
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
Approval-- Assignment of Leases and Assignment of Leases for Security
Purposes/Lot lA, Block 2, General Aviation Apron and Lot 3, Block 1,
General Aviation Apron -- Lofstedts to SOAR International Ministries,
Inc.
Approval -- Kenai Municipal Airport Terminal Bar Lease Agreement --
Jody Donaghe, Corey, Inc. d/b/a Upper Deck.
Discussion -- Setting of Board of Adjustment Hearing/Appeal of
Planning & Zoning Commission Approval of Encroachment Permit PZ00-
02 for 1110 Channel Way (Lot 5, Block 5, Inlet Woods Subdivision),
Kenai, Alaska -- Appeal Fried by City of Kenai Through City Manager
Richard A. Ross, Appealing the Side Lot Encroachment Only.
ADMINISTRATION REPORTS
Mayor
City Manager
-2-
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Managers
7. Airport Manager
ITEM J:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION- Annual Evaluations of City Manager, City Attorney and City
Clerk.
ITEM K:
ADJOURNMENT
-3-
0<~~0
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Z
0
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Suggested by: Administration
City of Kenai
ORDINANCE NO. 1850-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $164,065.52
IN THE GENERAL FUND TO PAY OUTSTANDING TAXES AND COSTS DUE ON
INLET WOODS SUBDIVISION.
WHEREAS, Inlet Woods Subdivision was deeded to the City with outstanding
taxes and costs due to the Kenai Peninsula Borough in the amount of
$164,065.52; and
WHEREAS, funds are available in the fund balance of the General Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$164,065.52
Increase Appropriations:
Non-Departmental- Miscellaneous
$164,065.52
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of
March, 2000.
ATTEST:
JO HN J. WILLIAM S, MAYO R
Carol L. Freas, City Clerk
Approved by Finance'
ka
Introduced: February 16, 2000
Adopted: March 1, 2000
Effective: March 1, 2000
Suggested by:
Administration
City of Kenai
ORDINANCE NO. 1851-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI,.ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $30,000 IN
THE GENERAL FUND FOR THE MULTI-PURPOSE FACILITY ICE
MAINTENANCE CONTRACT.
WHEREAS, the City entered into a long-term contract with Phase I LLC wherein
Phase I LLC will maintain the ice in the Multi-Purpose Facility in return for
revenues generated by the Facility; and
WHEREAS, General Fund fund balance will not be negatively impacted by this
appropriation because the expense will not exceed revenues.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be increased as
follows:
General Fund
Increase Estimated Revenues:
Multi-Purpose Fees
$30,000
Increase Appropriations:
Recreation- Professional Services
$30,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1 st day of
March, 2000.
ATTEST:
JO HN J. WILLIAM S, MAYO R
Carol L. Freas, City Clerk
Approved by Finance:
(2/7/2000) kl
Introduced:
Adopted:
Effective:
February 16, 2000
March 1, 2000
March 1, 2000
Suggested by: Administt
City of Kenai
ORDINANCE NO. 1852-2000
AN ORDINANCE OF THE COUNCILOF THE CITY OF KEN~, ALAS~, AMENDING
KMC 24.15.010, ENTITLED "REGULATIONS" AND THE CEMETERY REGU~TIONS.
WHEREAS, the cUrrent Kenai Municipal Code, Chapter 24 and the Cemetery
Regulations have not been updated in several years; and,
WHEREAS, changes to the Code and Regulations will update and better define several
segments which will aid in administration and maintenance of the cemetery.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 24.15.010 entitled "Regulations" and the Cemetery Regulations be
amended as presented in Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of March,
2000.
John J. Williams, Mayor
ATTEST:
Carol L. Freas, City Clerk
Introduced: February 16, 2000
Adopted: March 1, 2000
Effective: April 1, 2000
ATTACHN[ENT "A"
ordinance No. 1852-2000
Section 1'
, ,,
Chapter 24.15 REGULATIONS
24.15.010 Adoption of regulations.
The City Clerk, with the assistance of the [CEMETERY COMMITTEE] Parks &
Recreation Commission, shall establish regulations for the purchase of plots and use
of the cemetery. These regulations shall be effective after approval by the City Council.
Amendments to the regulations shall be submitted by the City Clerk to the City
Council for approval.
Section 2'
CEMETERY REGU~TIONS
Section 1- Plots
b. The City Clerk shall be in charge and have access to said plats for the
purpose of assigning plots upon request, and have charge of burial records, files and
maps which shall be stored by the City of Kenai. The City Clerk shall charge a fee of
$150 per standard plot, $100 for infants or $50 for cremains. Summer charges (June
1 through September 30) for [O]o_pening and closing [CHARGES] ~raves are [$200]
$500 per standard plot, [$100] $250 for infants and $100 for.cremains. Winter
charges (October 1 through May 30) will be [A 75% INCREASE] $600 for standard
plots, $250 for infant plots, and $100 for cremain, s. [FUNERAL DIRECTOR OR
CONTRACTOR WILL NOTIFY CLERK WHEN WINTER RATES WILL APPLY.] Payment
in full for the plot is required at the time of purchase of the plot. Payment for the
opening or closing of the grave is due prior to commencement of work.
Section 2: Interment and Disinterment
c. Only [GROUND LEVEL] markers set in a concrete base shall be used, and
they shall be installed at the head of the grave. If religious practices make the
conformance of this requirement impossible, the old section of the cemetery may be
utilized. This decision will be at the discretion of the Parks and Recreation Supervisor
or his designee.
e. No more than ~one grave marker per Riot shall be allowed.
f. One (1) casket and up to two (2) cremains may be buffed in a standard or
infant plot. Up to three (3) cremains may be buried in a standard or infant plot. Only
one (1) cremain may be buffed in a cremain plot.
Section 3: Maintenance
c. [NO ENCLOSURE OF ANY KIND,] E. nclosures such as a fence, wall, hedge
or ditch, shall be permitted around or about any grave or burial plot [AND NO BURIAL
LOT SHALL BE RAISED ABOVE THE ESTABLISHED GRAVE] only upon prior approv_~!
of the Park~ & Recreation Director or his/her desi__tmee. Wooden benChes, boxe~, '
shelves, toys and other articles upon a grave or burial lot shall [NOT] be permitted
only ff maintained on an a~_ nua! basis. ~nc!osures _~nd other _~rticles not maint_~incd
and/or restricting maintenance efforts _~re subiect to removal at the discretion of the
Parks & Recreation Director or bis/her de~i..tmee. [TEMPORARY DECORATIONS ARE
PERMITTED DURING RELIGIOUS, NATIONAL AND STATE HOLIDAYS.]
Section 4: General
b. No person shall enter the Kenai Municipal Cemetery except through the
established access routes. The vehicle gate will be open daily from [7'00 A.M. to 9:00
P.M. DURING THE MONTHS OF MAY THROUGH OCTOBER] June I through
September 30. [DURING THE MONTHS OF NOVEMBER THROUGH APRIL~ ~'] The
vehicle gate [WILL BE OPEN FOR BURIALS ONLY] may be temporarily closed due to
bad road conditions from October i through May 31. The cemetery is open year-round
for pedestrian traffic.
c. [KEYS TO THE KEN~ MUNICIPAL CEMETERY ARE AVAILABLE AT THE
CITY CLERK'S OFFICE.]
[D.] No burials shall be within the city limits except on homesteads owned by or
resided on by the deceased. Such homesteads must be five (5) acres or larger. Private
cemeteries within the city limits on the date of passage of Ordinance 1108-85 may
continue in use but are limited to their platted size. A burial permit will still be
required from the City Clerk if the burial is to be on a homestead or private cemetery
within the city limits.
Ordinance No. 1852-2000
Page 2
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO:
FROM'
DATE:
Parks & Recreation Commission
Mayor and Council Members
Richard A. Ross, City Manager
Carol L. Freas, City Clerk ~'~ti Director~
Robert J. Frates, Parks & on
January 26, 2000
MUMCIPAL CEMETERY CODE AND REGULATION CHANGES
Attached is a draft ordinance with suggested changes to both the Kenai Municipal
Code, Chapter 24.15, Adoption of Regulations (for the Kenai Municipal Cemetery) and
the Cemetery Regulations.
KMC 24.15.0 !0, Adoption of Regulations
The change is made to remove "Cemetery Committee" because the committee no longer
exists. The Parks & Recreation Commission has taken over that responsibility,
assisting the City Clerk and the Parks & Recreation Director.
Cemetery Regulations -- Section l(b), Plots
Tim Wisniewski, Funeral Director of the Peninsula Memorial Chapels & Crematory has
indicated the cemetery regulations do not reflect what he is currently charging for
opening/closing of graves. The indicated changes accurately reflect the costs he
incurs with his contractor. The definition of summer and winter rates will better
identify when the different rates take effect during the year.
Cemetery Regulations -- Section 2(c) and (/), Interment and Disinterment
It was the original intent of the regulations to limit the grave markers to ground level
markers in order to aid in the ease of maintenance. Because the regulation has not
been followed over the years and the maintenance of the cemetery still requires
mowing around fences, above-ground headstones, etc. in the pioneer section of the
cemetery, it would be better to remove this requirement.
Section 2(f) is being added to give instruction and definition for the City Clerk when
the question arises at the time of a plot purchase, for funeral directors to discuss with
clients, etc. The question has been asked. The current code does not speak to the
question. Because cremation is becoming more widely used, the regulation should
include some instruction. The suggested amendments follow those used by other
cemeteries in.the state.'
Cemetery Regulations;. Section 3(c), Maintenance
The original inten~ of this policy was to eliminate articles and other little structures
from impeding maintenance efforts. However, this policy was never enforced.
Currently, a majority of the. sites have such.articles and' it is only the sites that are not
cared for that create maintenance problems for our summer crews. Permittin§ such
articles, if maintained on an annual basis, should shift some responsibility to the
purchaser of the site to assist keeping the cemetery clean. Moreover, if it becomes
apparent during our annual clean-up that individual sites are not being maintained,
there would be a justification to remove items.
Cemetery Regulations, Section 4(b}, General
The current code implies the gates of the cemetery are opened at 7:00 a.m. and closed
after 9:00 p.m. during the months of May through October. However, the gates always
remain open during this period. During November through April, the only time the
gate is closed is when road conditions warrant them being closed. The months when
they may be temporarily closed has been changed to coincide with the definition of
summer and winter in Section l(b). KMC 24.20.010 states the driveways, gates and
fencing of the cemetery shall be maintained by the City and may be closed in periods
of adverse conditions.
CLF/RJF
Suggested by: Administration
City of Kenai
ORDINANCE NO. 1853-2000
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA
INCREASING ESTIMATED RE~NUES AND APPROPRIATIONS BY $44,934 IN
THE AIRPORT LAND SYSTEM SPECIAL RE~NUE FUND AND THE AIRPORT
FIRE STATION CAPITAL PROJECT FUND FOR ENGINEERING.
WHEREAS, Ordinance 1839-99 appropriated $200,000 and Ordinance 1844-99
appropriated $50,000 for design of the Airport Fire Station and the Warm
Storage Facility; and
WHEREAS, the facility design contract was awarded to Cash-Barner architects;
and
WHEREAS, FAA discretionary funding will be more readily secured if the site
work for the project is completed this summer; and
WHEREAS, site work engineering and inspection needs to be added to the
existing facility and design contract; and
WHEREAS, these expenditures are grant eligible if the FAA funds the project;
and
WHEREAS, funds are available for transfer in the fund balance of the Airport
Land System Special Revenue Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that estimated revenues and appropriations be increased as
follows:
Airport Land System Special Revenue Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$44,934
Increase Appropriations:
Land - Transfer to Capital Project
$44,934
Airport Fire Station Capital Proiect Fund
Increase Estimated Revenues:
Transfer from Special Revenue Fund
Increase Appropriations'
Engineering
$44,934
$44,934
Ordinance No. 1853-2000
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1,t day of
March, 2000.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance'
(~./~0/~.000) k~
Introduced:
Adopted:
Effective:
February 16, 2000
March 1, 2000
March 1, 2000
MEMORANDUM
'CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99411-7/94
TELEPHONE
FAX 9O7-2834014
TO' Richard A. Ross, City Manager
FROM: Jack La Shot, Public Works Manager'S0--
DATE: February 10, 2000
SUBJECT: AP Fire Station/Warm Storage Facility
Since beginning the design process for the referenced project, we have had several
discussions with F~ pemonnel regarding funding expectations, and the sequene~ it
might be received. The attached letter from Rebecca Cronkhite, Airport Manager, to
John Lovett, F/~ Planner, mfle~s the manner we expect to receive both entitlement
and discretionary funds. Entitlement funds are easier to predict than discretionary
funds, which will likely be allocated to the Fire Station portion of the project only and in
unknown amounts. The letter represents our best guess at this time.
In order to be in a position to construct the project as quickly as possible using funds as
available, it will be necessary to go to bid with a separate earthwork contract this
summer and bid the building probably next summer, possibly in further phases. The
separate earthwork contract worked well with the Challenge#Multi-Purpose Facility and
should work equally as well in this case. However, since it was planned to be one
contract initially, additional professional sentic~s will be needed. I have requested co,ts
to provide earthwork contract specifications and bidding services, which are attached.
Also, I have requested the necessa~ f~es for inspection be included at his time.
Approximately 80% of the fees will go to the Civil Engineer subcontractor Wince-
CorthelI-B~son sinc~ they handle the sit~-work design and inspe~ion.
With your concurrence, we plan to introduce an Ordinance at the next City Council
meeting to transfer funds in the amount of $44,934 from the Airport to the Airpo~
Station and Warm Storage Facility Capital Project Fund for engineering. A resolution to
amend the contract to Cash-Barner ^mhitects will then be on the Council agenda for -
approval at the following meeting. Engineering funds are eligible for reimbursemnent.
Cc: Rebecca Cronkhite, Airport Manager
Larry Semmens, Finance Director
KENAI M U N ICI PAL Al RPORT
Janua~/17, 2000
John Lovett- Central Region Planner
AAL~12D
FAA Alaska Region Airports Division
222 W. 7th Avenue
Anchorage, AK 99513
Re: Kenai Municipal Airport ACIP
Dear Mr. Lovett:
In response to your e-mail of Janua~j 14, 2000, please add the following information to the ACIP for the
Kenai Airport:
1999
2000
2000
2001
2001
2002
2003
2003
2004
2005
2OO6
20O7
No Change
Design & Construct Phase I SRE
Design & Construct Phase I of ARFF Station
COnstruct Phase II SRE
Construct Phase II ARFF Station
Construct Phase I! SRE
Acquire Land for Approaches
Reconstruct Security Fence
RVVY extension to 8000'
No Change
No Change
Expand Apron and Cargo Apron
*Requesting discretionary funding.
746,000
533,000*
746,000
1,013,000'
746,000
266,667
533,333
960,000
The construction numbers for the ARFF and SRE buildings are estimates. The City is currently working
with an architectural firm and hopes to have preliminanj design to the FAA Project Engineer within a
month. Once we have FAA concurrence on the preliminanj design, we will proceed with final design. We
are planning several phasing strategies so that we will be positioned to work with a ~uid" funding
program.
I truly appreciate the continuing support and information received from you and your office. If the above
information does not fill the needs we have discussed please let me know.
Sincerely,
I~becca Cmnkhite
Airport Manager
Cc:
Rick Ross- City Manager
Jack LaShot - Public Works Manager
Jason Elson- Kenai Fire Chief
Cash Barner. Architects
909 West 9th Avenue, Suite 500 Anchorage, Alaska 99501
9O7/258-7777
Fax 907/279-8195
February 7, 2000
Jack La Shot
City of Kenai
Public Works Manager
210 Fidalgo Ave, Suite 200
Kenai, Alaska 99611-7794
Airport Fire Station and Warm Storage Facility
CBA Project No. 99'142 - 1.1.3
PROPOSAL FOR ADDITI¢)NAL I~!D PACKAGE
CONTRACT MODIFICATION 01
Dear Mr. La Shot:
I have attached a proposal from Wince-Corthell-Bryson which breaks down the costs for providing a
separate Earthwork Bid Package. Please note that these costs include Basic, Bidding and Inspection
services. I estimate that CBA will use 24 hrs. of my time maximum.
This proposal for additional services are summarized as follows'
Design Work-WCB
Bidding Expenses- WCB
Inspection Services- WCB
Subtotal:
CBA profit and liability on subconsultants ~ 18.5%
CBA ~ 24hrs ~ $115/hr.
Total:
$7,520
$2,440
$25,630
$35,590
$6,584
$2,760
$44,934
If you have any questions, do not hesitate to call. Please indicate your approval of this proposal by
signature below.
Sincerely,
CASH BARNER · ARCHITECTS, INC.
An Alaska Corporation
Matthew P. vogel, Architect
Project Manager
Jack La Shot
Public Works Manager.
Attachments
Alaska Corporation
l.arrv 5. Cash..,,ia.
It,rrv G. Barner. xl.x
james E. Dou,qhertv,
R()lland R. Reid I!, ..xl.-x. ',,(;.aRB
Scott A. Bohne. ~.~
.-Xaron K. I()seph,-.,:
,Matthew R Vogel.
WIN~-COR~LI.,BRYSON
CONSULTING ENGINEERS
P.O. BOX 1041
KENAI, ALASKA 99&ll
(907) 283-4672
February 2, 2000
Cash Barner Architects
909 W. 9~ Avenue, Suite 500
Anchorage, Alaska 99501
Attention- Matthew P. Vogel
Subject:
Kenai Municipal Airport Fire and Warm Storage Facilities
Pwposal for Owner Requested Additional Services
As you are aware, we have been requested by thc City of Kcnai to submit this proposal, the
purpose of which is to provide basic civil site development drawings separate from the
architectural and structural portions of the subject project.
Wince-CortheiI-Bryson respectfully submits this proposal for additional services. This estimate
has been. developed based upon a similar Owner's decision made for the Challenger-
Multipurpose Facility, where basic site development was separated from other construction
components du~ to both seasonal and budgeting constraints.
We have summarized the following estimate listing our services into three categories together
with their itemized costs.
ADDITIONAL DESIGN WOKK
This work consists of engineering design time necessary to prepare interim drawings for the
earthwork pha~e, and also modify the final drawings, which will construct pavement, con~'ete.
and the ~tmcmral ph~. It i, our opinion that it i~ prudent, and co~t
condition~ ~ the building; contractor will find th~n b,for, their work b~gins. Th, ~ngin~¢rin§
work in¢lude~ th~ addition of n~w plan sheet,, d,tail modificafiom, sp~ification
an additional bid packag, a~s~mbly, and quantity d~tcrminatiom.
ESTIMATED EXPENSES
Engineer VI 48.0 hfs (~ $90.00 $4320.00
ACAD Drawing 48.0 hrs (~ $60.00 2880.00
Clerical 8.0 hrs (~ $40.00 320.00
Estimated Design Services
$7520.00
FEB-03-2000 14: 5'7 WC]~ P. ~,~
BIDDING SERVICES
This activity is necessary to print and bind the proposed additional civil design specifications,
attcadan¢¢ a[ pr~-bid confcr~¢es, pr~ration of add~dums, review bid~ and m~e
r~¢omm~ndation~. Th~,¢ it~m~ ar~ a dupli~lion of th~ ~am¢ ~¢fiviti~$ C~h.-Bamcr will ~till
n~d to provid~ for th~ final arehit~--mral proj~-'t.
ESTIMATED BIDDING EXPENSES
Priming Specs 30 Sets (~ $20.00/Set
Advertising- By City
Plan Sheets Copying- By City
$ 600.00
Pre-bid Conference:
Engineer VI $.0 hfs (~ $90.00 720.00
Addendum-
Engineer VI 8.0 hfs (~ $90.00 720.00
Clerical 10.0 hrs (~ $40.00 400.00
Estimated Bidding Services
INSPECTION SERVICES
$2440.00
This activity was not part of either the Contract between Cazh-Barner and the City of Kenai, or
Wince-Corthell-Bryson and C~h-Barner.
The estimated cost for civil inspection is base~ upon a similar scope of services provided for the
Challenger - Multi-Purpose building site inspection.
Contractor activity is assumed to require 24 working days.
ESTIMA~D INSPECTION EXPENSES
Testing
Engineer Tech.
Engineer VI
Draffing/ACAD
Survey
24 days ~ 8 hrs ~_~ $60.00
48 his (~ $90.00
24 hrs (~ $60.00
40 hfs (~ $155.00
$ 2150.00
11520.00
4320.00
1440.00
6200.00
Estimated Inspection Services
$25630.00
Total Proposal Cost
$35590.00
If you have any questions, please do not hesitate to contact our Kenai office at your earliest
opportunity.
Sincerely,
~ilip BrySo~L P..
Wince-Corth¢ll-Bryson
Suggested by: Administration
City of Kenai
RESOLUTION NO. 2000-6
A RESOLUTION OF THE COUNCIL OF THE CITY OF KEN~, ALASKA
REQUESTING FY 01 SAFE COMMUNITIES FUNDING FROM THE
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.
WHEREAS, AS 29.60.350(b) requires the governing body of a municipality to
adopt a resolution requesting safe communities funding and to submit the
resolution to the Department of Community and Economic Development; and
WHEREAS, the City of Kenai is desirous of receiving safe communities funding;
and
WHEREAS, AS 29.60.350(c) requires that money received by a municipality
under the safe communities program be used only for the following services in
the following ranking of priority:
.
2.
3.
4.
5.
Police protection and related public safety services;
Fire protection and emergency medical services;
Water and sewer services not offset by user fees;
Solid waste management;
Other services determined by the governing body to have the
highest priority.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that it requests, through this resolution, payment from the FY
01 safe communities program by the Department of Community and Economic
Development and agrees to spend such payment as required by law.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of
March. 2000.
ATTEST:
JO HN J. WILLIAM S, MAYO R
Carol L. Freas, City Clerk
Approved by Finance' ..z~.
2/~.3/~.000) kl
Suggested by: Administrah~,,
City of Kenai
RESOLUTION NO. 2000-7
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
CASH BARNER ARCHITECTS' DESIGN ARCHITECTURAL & ENGINEERING
SERVICES CONTRACT FOR THE AIRPORT FIRE STATION AND WARM STORAGE
FACILITY.
WHEREAS, Cash Barner Architects was awarded a contract for design architectural
and engineering serm'ces for the Airport Fire Station and Warm Storage Facility; and,
WHEREAS, it is necessary to prepare a separate site-work contract to best utilize
anticipated funding; and,
WHEREAS, Cash Barner Architects has submitted a proposal for $44,934
additional grant eligible design and inspection services for the site work; and,
for
WHEREAS, funds have been appropriated by Ordinance No. 1853-2000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract to Cash Barner Architects be increased by $44,934 for
additional grant eligible design and inspection services for the Airport F/re Station and
Warm Storage Facility Site Work.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of March
2000.
ATTEST:
JO HN J. WILLIAM S, MAYO R
Carol L. Freas, City Clerk
Approved by Finance: ~
MEMORANDUM
CITY OF KENAI
.
210 FIDALGO AVE., SUITE 200 KENAh ALASKA et611.T'/94
TELEPHONE ~rh28~713,1
FAX ~07-2834014 ~
TO: Richard A. Ross, City Manager
FROM' Jack La Shot, Public Works Manager~~)d--
DATE: Februarg 10, 2000
SUBJECT: AP Fire Station/Warm Storage Facility
Since beginning the design process for the referenced project, we have had several
discussions with F~ pemonnel regarding funding expe~ations, and the sequeno~ it
might be received. The attached letter from Rebecca Cronkhite, Airport Manager, to
John Lovett, F~ Planner, refle~s the manner we expe~ to receive both entitlement
and discretionary funds. Entitlement funds are easier to predict than discretionary
funds, which will likely be allocated to the Fire Station portion of the project only and in
unknown amounts. The letter represents our best guess at this time.
In order to be in a position to construct the project as quickly as possible using funds as
available, it will be necessarg to go to bid with a separate earthwork contract this
summer and bid the building probably next summer, possibly in further phases. The
separate earthwork contm~ worked well with the Challenger/Multi-Pu~ose Facility and
should work equally as well in this case. However, since it was planned to be one
contract initially, additional professional sewic~s will be needed. I have mquest~l cost~
to provide earthwork contract specifications and bidding services, which are attached.
Also, I have r~quested the necessary f~es for inspe~ion be included at his time.
Approximately 80% of the fees will go to the Civil Engineer subcontractor Wince-
CorthelI-B~son sinc~ theY handle the sit~-work design and inspe~ion.
With your concurrence, we plan to introduce an Ordinance at the next City Council
meeting to transfer funds in the amount of $44,934 from the Ai~ort to the Airport Fire
Station and Warm Storage Facility Capital Project Fund for engineering. A resolution to
amend the contra~ to Cash-Barner Amhite~ts will then be on the Council agenda for
approval at the following meeting. Engineering funds are eligible for reimbursemnent.
Cc: Rebecca Cronkhite, Airport Manager
Larry Semmens, Finance Director
KENAI AIRPORT COMMISSION
FEBRUARY 10, 2000
Kenai City Council Chambers
7:00 P.M.
***AGENDA***
ITEM 1: CALL TO ORDER AND ROLL CALL
ITEM 2: AGENDA APPROVAL
ITEM 3:
APPROVAL OF MINUTES - January 13, 2000
ITEM 4: PERSONS SCHEDULED TO BE HEARD
Finance Director Larry Semmens -- Airplane Personal Property Tax
Laws
ITEM 5: OLD BUSINF~S
a.
Discussion -- Carpet Selection Update
ITEM 6: NEW BUSINESS
ae
Discussion -- Goals & Objectives 2000
Discussion -- Meeting Format
ITEM 7: AIRPORT MANAGER'S REPORT
ITEM 8:
COMMISSIONER COMMENTS AND ~~TIONS
ITEM 9:
PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10:
INFO~TION ITEMS
b,
C.
Kenai City Council Meeting Action Agendas for January 19 and February
2, 2000.
Council policy regarding work sessions for commissions, committees and
boards.
Updated Airport Commission Membership List
ITEM 11: ADJOURNMENT
KENAI AIRPORT COMMISSION
FEBRUARY 10, 2000
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
CHAIR HENRY KNACKSTEDT, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER AND ROLL CALL
The meeting was called to order at approximately 7'01 p.m. Roll was called as follows'
Present:
Holloway, Bielefeld, Knackstedt, Van Zee, Haralson, Copple,
Favretto (arrived at 7:04 p.m.)
Others Present:
City Clerk Freas, Councilwoman Swarner, Airport Manager
Cronkhite and Finance Director Semmens
ITEM 2: AGENDA APPROVAL
,,
Chair Knackstedt requested Doug Olson be added as Item 4-b.
discussion would be about T-hangars at the airpo~.
He noted Olson's
MOTION:
Commissioner Van Zee MOVED to approve the agenda as amended and Commissioner
Haralson SECONDED the motion. There were no objections. SO OItDEltED.
ITEM 3:
APPROVAL OF MINUTES - January 13, 2000
MOTION:
Commissioner Haralson MOVED for approval of the minutes as presented and
Commissioner Bielefeld SF~ONDED the motion. There were no objections. SO
ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
Finance Director Larry Semmens -- Airplane Personal Property Tax Laws
Semmens distributed a fact sheet with information regarding the City of Kenai Personal
Property Tax for Aircraft and reviewed it with the commissioners. He noted, the City of
Kenai levies a tax of 3.5 mils on the value of real and personal property located in the
city which would generate $350 on a $100,000 value. Semmens added, all the
revenues from the property tax were deposited to the General Fund and that the
Borough collected the taxes for the city.
Semmens explained, the confusion generated was due to the Borough's exemption of
the first $100,000 of personal property and the city had not adopted that exemption.
Confusion was also generated because taxable personal property included all business
personal property and non-business owned airplanes and boats. He noted, boats were
taxed differently by the borough as well, i.e. boats were taxed on a fiat-tax basis by the
borough and the city taxed those items at 3.5 mils.
Semmens noted, to determine situs (established when property is in the city for more
than 90 days in a calendar year} of the aircraft, the Borough Assessing Department
inspected the Kenai airport and the planes were then valued according to "online price
index." The.Assessor also notes the condition of the plane, if the owner doesn't include
that information on the personal property tax form. Aircra~ not based in the Borough,
but involved in scheduled air transportation, were valued according to the amount of
time the aircraft was in the borough's jurisdiction.
Semmens also noted the city had $37,500,000 of personal property assessed in the city
which generated $131,400 in personal property tax. Aircr~ were valued at
$7,224,175 and the tax generated was $25,284 (including 26 commercial aircraft and
39 personal aircraft). He noted, the personal aircraft value was $1,331,726 generated
$4,660 in personal property tax (averaging to $120 for each personal aircraft).
Semmens continued, most personal aircraft were exempt under the Borough tax
because of the $100,000 exemption. He noted, the city could adopt a fiat tax or a total
exemption on aircraft.
Copple asked if the 90 days was continuous or a year's total. Semmens answered, he
believed it depended on whether the owner of the aircraft lived in Kenai or somewhere
else. Copple questioned if the assessor checked the planes in the transient parking
area. Semmens noted, he believed the owner could dispute being taxed ff they parked
in the transient area. However, someone living in Kenai could be taxed when their
aircraft was parked at the airport less than 90 days because they wouldn't be paying
taxes anywhere else and it was their home base. He noted, there were exceptions and
he wasn't aware of how the borough would make their determina~ons.
A general discussion followed. It was noted the cities of Seward, Seldovia and Kenai
did not offer exemptions. Also that Seward did not offer exemptions for boats because
the lack of the tax dollars would substantially hurt their finances. Those offering the
exemption were the Borough, Soldotna and Homer. Councilwoman Swarner explained
the amount of revenue ($4,660) received by the city from the personal property tax on
aircraft would pay for the summer street banners or one summer employee in the
Parks & Recreation Department.
Cronkhite reported she had investigated the reasons why planes were pulled from the
transient partdng areas and found that four people moved out because of the tax; some
moved because of other reasons She added, she estimated the tax determined only ten
percent of the reason~ why planes were moved out of the airport. It was noted the
yearly tie-down fee was 111400, plus taxea. Cronkhite added, she believed there were
who left because they very upset about the tax. She noted, ff those that left because of
AIRPORT COMMISSION MEETING MINUTES
FEBRUARY 10, 2000
PAGE 2
the tax were to return, it wouldn't affect the airport budget substantially. Favretto
noted, the tax was only a part of the revenue and pointed out those planes not being at
the Kenai Airport would affect fuel sales, car rentals, restaurant receipts, etc.
Cronkhite noted there had been a total of eight planes removed from the tie-downs for
one reason or another and at least three new planes had leased spaces. She noted,
there were other private tie-down spaces on the airport and she was not aware if
planes were moved from those businesses due to the tax. Bielefeld noted the revenue
lost on the rent of the fie-down space was more than the amount of revenue gained
from the tax on a $100,000 aircraft. He .added, if the Airport wanted to encourage
more planes to be tied down at the Kenai Airport, they needed to be competitive with
the Soldotna Airport.
Copple asked if a survey could be taken to find out the reasons why the airport was not
being used by private aircraft, i.e. tax, tower, weather, fie-down fees, location,
convenience, fuel taxes, etc. Cronkhite answered it was a topic of discussion since she
began working for the city. Through administration's discussions with users of the
airport, the reasons were varied. She noted, there were many who did not like airfields
with towers, but there were those who liked the security of the airport. She added, the
tie-down fees were competitive with Soldotna. She added, the tax was important to
some people and others liked the amenities the airport offered and the tax didn't haVe
a big effect on their decision to stay at the airport. Cronkhite noted, there were several
things administration was considering to increase the marketability of the airport.
Swarner suggested that if a survey was taken, another question to include would be
how to better utilize the float plane basin.
4-b. Doug Olson -- T-Hangars
Olson stated his address as 44750 Eddie'Hill Drive, Soldotna. He stated he believed
the tax was taking away business from the Kenai Airport. Olson explained he was
interested in building a ten unit T-hangar and leasing the units could be affected by
the tax. If there was no tax, his business as well as others, could be better and the
spin-off taxes and sales could create other revenues.
Olson distributed some information about the type and size of a steel building he
would be wanting to place on a site (56" x 242"}. He also noted, he would require an
area with a fair amount of apron space in order for planes to taxi alongside of the
building. Olson pointed out the lot in which he was interested in acquiring on a plat of
a portion of the airport property. He added, he would want to position the ends of the
building east/west and the doors facing north/south. The property in which he was
interested was highlighted on the plat and was positioned close to the tower and
appro~nately 400' long.
AIRPORT COMMISSION MEETING MINUTES
FEBRUARY 10, 2000
PAGE 3
Olson noted he chose the lot because the Airport Master Plan discussed placing t-
hangars in this area and it was a more organized area for t-hangars. He added, the lot
on the plat shown as "city maintenance shop" had not been surveyed and it was
unknown what the exact size of the lots would be. Olson noted, water to the building
would be only for the one bathroom to service the whole building; each hangar would
have separate gas and electric meter; the individual hangars would be sold like~
condominiums; the property would be leased; the owners of the hangars would form an
association, purchase insurance, etc.
Olson explained, water/sewer and utilities were available to 'the .property, however he
wanted help in paving the taxiway to the t-hangars. Knackstedt noted, he thought the
more appropriate area for developing t-hangars would be closer to the exist/nE Ion§-
term parking as that area had been identified for that use in the past. Olson noted, he
would prefer the other area because of the way he wanted to position the building on
the property, the buildin§'s height in connection with the runway, and it wouldn't
provide the economy of scale to build another building alongside the initial hangars.
Discussion followed regarding the placement of the building, weather considerations,
etc. Cronkhite explained the building restriction line (100' off the taxiway) was FAA
mandated and was based on using that taxiway for larger aircraft, requiring full-
.strength pavement, tax/ing ability of the largest aircraft using the space, etc. She also
explained the Master Plan was out of date. The space Olson identified to use for his
project would be used for an auxiliary fire station and warm storage building. She
noted, the building was in the fin~ design stage and the building would require direct
ramp access. Cronkhite added, FAA had determined the city maintenance shop could
not be built on the apron.
Olson noted he had not discussed the project with the city's building official in regard
to parking, drainage, etc. He noted, he had financing available for the $550,000
building he wanted to build and would need approximately 60' width alongside the
building and the end of the building to the apron would need paving. Swamer asked if
airport funds had been used for paving a leased area in the past. Cronkhite answered,
no and added, lots were leased "as is" and improvements were the responsibility of the
tenant.
Bielefeld noted his business investigated leasing the property Olson had suggested and
were not able to acquire a guarantee that an airplane would not be parked in front of
the business. Cronkhite explained the area was being marketed for larger aircraft, but
the city would be willing to work with Olson in developing airport property. She noted,
additional detail would be required prior to any decision being made.
Knackstedt noted paving wouldn't be necessary to the business and Olson stated he
would want a paved area around the building. Cronkhite stated there were other
lessees on the airport providing tie-down services. If paving were done for Olson, it
would give him an advantage over the other businesses which would not be fair.
AIRPORT COMMISSION MEETING MINUTES
FEBRUARY 10, 2000
PAGE 4
Favretto suggested Olson develop a more final plan and offered to help in formulating
the plan if Olson needed the help. He added, he believed there was a need for the t-
hangars. Olson stated he would investigate the plan further and return it to the
Commission. He added, he was aware of the time it would take to acquire the
necessary permits, surveys, etc.
Haralson asked if the individual owners or an association would have the liability for
oil and fuel spills, etc. Olson answered, the association would have the liability and
could hire a firm to. manage the. building. Swarner asked if. there was .other available
property on the 'airport which would not require as large an area to be paved. Olson
answered all the. properties would require a lot of paving because of the setback
requirements. Olson noted he would be presenting hiS plan to .the city council at their
next meeting.
ITEM 5:
, ,,
OLD BUSINF~S
5-a. Discussion -- Carpet Selection Update
Councilwoman Swarner reported the initial meeting of the carpet committee was on
February 1. At that meeting, the members received information about cleaning of the
carpet and talked about other types of carpet to clean and the possibility of installing
tile at higher traffic areas in the terminal instead of carpet.
Swarner continued, the committee met again on February 9 and spoke with some
carpet company representatives. She added, there were some demonstrations and
committee discussed increasing the walk-off areas at the entries of the terminal
building. She noted, increasing the walk-off areas would give an added amount of area
where dirt, mud, water, etc. could come off the shoes, boots, etc. prior to waltdng onto
the carpet.
Swarner also reported, the committee discussed methods of cleaning and it was
suggested test pieces of carpet and tile be placed at high-traffic areas to see which
work best. Van Zee noted, they also learned that when carpet is shampooed, it should
be completely dry before being walked on because any residual shampoo collected dirt
quicker when the carpet is damp.
Commissioner Favretto left at 8:10 p.m.
Van Zee also noted, the dirt, sand, etc. needed to come off the shoes before it got to the
carpet. He added, it was said that areas where people stand and turn a lot, like in
front of the ticket and car rental ... counters , required a harder surface. The committee
felt it would be best to place test carpets and tiles in front of the restaurant and
hallway entrances. Swarner noted, the test areas would be 20' in order to get a good
idea of the wearability, etc.
AIRPORT COMMISSION MEETING MINUTES
FEBRUARY 10, 2000
PAGE 5
Swamer reported the next meeting of the committee was scheduled for 2:00 p.m. on
Tuesday, February 15 either in the cafe or by it. She noted, Steve Rutherford and a
representative from Lee's Carpets would be present. Swamer added, Rutherford had
told her they could help in directing the carpet cleaner on how to clean the carpets
they may choose and would supervise the installation in order to have good
guarantees.
Airport Manager Cronkhite noted the big concern for the committee to research was
how to keep the carpets clean, as well as costs of clean, g, how long before the carpet
would need to be replaced, matting types, etc. Commissioner Ha.raison asked if the
terminal was covered by liability insurance. Swarner noted, it was through a blanket
policy of the city's. Ha.raison stated he was concerned about risk management if there
were slippery surfaces, etc. Swarner noted the committee had discussed those
concerns.
ITEM 6: NEW BUSINF~S
Discussion -- Goals & Objectives 2000
It was noted Councilwoman Swamer requested the item be included on the agenda.
Swamer explained, a number of the commissions and committees formulate a goals
and objectives list and requested the Commission to develop one for the year 2000. A
general discussion followed and the Commission had no objections and comments
were positive in formulating the list. Van Zee stated he believed that without a clear
vision for the airport development, it would be difficult to go forward cohesively and it
was up to the Commission to create the vision.
Cronkhite noted the Airport Master Plan was to be updated every five years and the
current Plan was outdated. She added, it had been requested to update the city's
Comprehensive Plan and she asked the Master Plan be incorporated into it. Cronkhite
stated her support of the Commission's involvement in developing a vision for the
airport.
Knackstedt suggested a survey be sent to current users of the airport and those to
target to use the airport and ask what they thought would be important to offer.
Copple stated he thought a market survey should be done so that it would be known
what changes needed to be made. Cronkhite stated she would endorse the
Commission investigating what the public wanted the airport to offer. She noted, what
was marketed should coincide with what the biggest return would be for the airport.
Some suggestions for goals and objectives were: · camping spaces by the gravel strip
· static display coinciding with another event (pilot training meeting, etc.)
to attract visitors and current users to the airport
AIRPORT COMMISSION MEETING MINUTES
FEBRUARY 10, 2000
PAGE 6
updating Master Plan
survey of user needs and wants
T-hangar development
parameter lights on Float Plane Basin
updating of airport web page to better market the airport
Commissioners were encouraged to forward their lists to Cronkhite prior to the meeting
so that the list could be included in the next meeting's packet for prior review.
Cronkhite added, commissioners could email information to her or her administrative
assistant as well, but noted the list of responsibilities at the airport was long and the
ability to accomplish everything was difficult at times due to lack of staff. Copple
encouraged the T-hangar concept be expedited as it was competitive and a popular
concept. He offered his help in proceeding with the concept.
6-b. Discussion -- Meeting Format
The meeting format was briefly discussed. It was noted the Commission's purpose was
to review matters and forward recommendations to council and that the Commission
was not a decision-making group. Also it was noted, Robert's Rules of Order were
required and it was best to follow the agenda and not get sidetracked. Swamer noted,
the council appreciated the commission members' efforts and hard work for the city.
Haralson suggested Swarner talk with the council members to fred out what they
wanted the Commission to be investigating and they could include that information on
their list of goals and" objectives. Swamer stated she would talk with them and when
the Commission's goals and objectives were developed, she would have them included
in the council packet for their review.
ITEM 7: AIRPORT MANAGER'S REPORT
a. Avalanche Effects -- Cronkhite reported, during the period of time the
highway was closed due to the avalanches, it was an excellent opportunity to illustrate
how well the Kenai Airport could operate, even with all the snow. She noted, Northern
Air Cargo flew in groceries, medications, etc., as well as Lynden Air Cargo; Everts Air
Cargo Express flew in UPS and other items; and ERA added lots of flights and used
larger planes to accommodate the increased number of people flying, as well as
transporting mail, etc. Cronkhite added, the Kens5 Airport was the only airport
capable of handling the aircraft and at times, the only airport open during the road
closures that could handle the larger aircraft and stay open during difficult weather
conditions.
Cronkhite added, she had been contacted by smaller cargo operators currently
conducting business out of Anchorage interested in using the Kenai Airport because of
Anchorage's higher prices, availability of rental space, availability of air space, etc. She
noted, keeping the airport open and operating was a city-wide effort.
AIRPORT COMMISSION MEETING MINUTES
FEBRUARY 10, 2000
PAGE 7
b. Carpet Discussion -- Cronkhite stated she appreciated the effort the
carpet committee and Councilwoman Swarner were expending in the carpet review.
She noted, it would be a time-consuming and difficult decision.
c. Budget Process -- Cronkhite reported the budget process had begun and
department budgets were due on February 1 1. She noted, funding would be included
in the airport budget for marketing, but most of the budget involved maintenance
costs. She reviewed the budget process and deadlines to the Commission.
ITEM 8:
COMMISSIONER COMMENTS AND OUESTIONS
Bielefeld-- Asked if the snow removal budget was okay. Cronkhite answered
there were contingencies in the budget for extra costs, however transfers would
probably be needed by the end of the fiscal year.
Cronkhite reported the broom was received. A factory representative would be arriving
next week to train the mechanics and equipment operators. A brief discussion followed
regarding the advantages and nuances of using the broom for snow removal on the
runways.
ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD
ITEM 10: INFORMATION ITEMS
10-a.
10-b.
10-c.
Kenai City Council Meeting Action Agendas for January 19 and February 2,
2000.
Council policy regarding work sessions for commissions, committees and
boards.
Updated Airport Commission Membership List
Swarner noted a change in her phone number. Several of the commissioners provided
their email addresses to add to the list information.
ITEM 11: ADJOURNMENT
MOTION:
Commissioner Holloway MOVED for adjournment and Commissioner Van Zee
SECONDED the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 9:30 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
AIRPORT COMMISSION MEETING MINUTES
FEBRUARY 10, 2000
PAGE 8
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
FEBRUARY 16, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http' //www. ci.kenai.ak.us
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
,, ,
SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C: PUBLIC HEARINGS
,,
Resolution No. 2000-5 -- Encouraging the Alaska Legislature to
Support Funding for the Magazine, Newspapers and More: Full Text
Articles for Alaskans Online ResoUrce Included in the State of Alaska FY
2001 Capital Budget.
ITEM D:
COMMISSION/COMMITTEE REPORTS
.
2.
3.
4.
5.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Historic District Board
c. Kenai Visitors & Convention Bureau Board
d. Alaska Municipal League Report
ITEM E:
MINUTES
,
*Regular Meeting of February 2, 2000.
ITEM F:
ITEM G:
CORRESPONDENCE
OLD BUSINESS
-1-
ITEM H:
,,
hEW BUSINF. SS
.
Bills to be Paid, Bills to be Ratified
.
Purchase Orders Exceeding $2,500
,
*Ordinance No. 1850-2000 -- Increasing Estimated Revenues and
Appropriations by $164,065.52 in the General Fund to Pay Outstanding
Taxes and Costs Due on Inlet Woods Subdivision.
.
*Ordinance No. 1851'-2000 -- Increasing Estimated Revenues and
Appropriations by $30,000 in the General Fund for the Multi-Purpose
Facility Ice Maintenance Contract.
.
*Ordinance No. 1852-2000 -- Amending KIVlC 24.15.010, Entitled
"Regulations" and the Cemetery Regulations.
.
*Ordinance No. 1853-2000 -- Increasing Estimated Revenues and
Appropriations by $44,934 in the Airport Land System Special Revenue
Fund and the Airport Fire Station Capital Project Fund for Engineering.
.
Approval -- Kenai Golf Course/Requested Rate Increase.
.
Approval -- Special Use Permit/Bill Joyce, Arctech Services, Inc. --
Harvesting Spruce Beetle Killed/Infested Trees...
9. Discussion-- Historic District Board
10.
Discussion -- Potential Partnering with Boys & Girls Club/Development
of New Facility.
ITEM I:
ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Managers
7. Airport Manager
ITEM J: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SF_~SION- None Scheduled
ITEM K: ADJOURNMENT
KENAI CITY' COUNCIL- REGULAR MEL~ING
FEBRUARY !6, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www, ci.kenai.ak.us
MAYOR JOHN J. WILLIAMS, PRESIDING
ITEM A:
CALL ?O ORDER
Mayor Williams called the meeting to order at approximately 7:01 p.m. in the Council
Chambers in the Kenai City Hall Building.
A-X.
PLEDGE OF ALLEGIANCE
Mayor Wi!l/ams led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were: Bookey, Swarner, Moore, Porter,
Bannock, Frazer and Williams
a-3.
AGENDA APPROVAL
Mayor williams requested the following changes to the agenda:
ADD AS:
SUBSTITUTE:
ADD TO:
B-l, Rick Baldwin -- Multi-Purpose Facility Update
B-2, Kristin Lambert -- Central Kenai Peninsula Public
Transportation Task Force
B-3, Suzanne Little -- Boys & Girls Club
H-2, Purchase Orders Exceeding $2,500 -- The amended
list adds purchase orders to Westcoast Sales in the amount of
$6,059.06 and R&K Industrial in the amount of $6,000.
H-9, Discussion of Historic District Board future -- Letter
Board Member Bill tOuge.
MOTION:
Councilwoman Swarner MOVED to approve the agenda as amended and Councilman
Bookey SECONDED the motion. There were no objections. SO ORDERED.
A-4. CONSENT AGENDA
Mayor Williams stated he had no changes to the consent agenda.
MOTION:
Councilwoman Swarner MOVED for approval of the consent agenda as presented.
Councilman Moore SECONDED the motion. There were no objections. SO
ORDERED.
KEN~ CITY COUNCIL ME~ING MINUTE~
FEBRUARY 16, 2000
PAGE 2
ITEM B:
SCHEDI~ED PUBLIC COMMENTS
S-X.
Rick Baldwin-- Multi-Purpose Facility Update.
Baldwin stated his address as 3080 Kim-N-Ang Court, Kenai. He explained he wanted
to give the council an update in regard to the ice fink. He noted, the LLC had the.
responsibility of building, operating and maintaining the rink. Everything was going
well and they appreciated the support given by the city administration. He added, the
rink was being well received and he had heard co~_m__ents from around the community
that it was the best hockey ice on the Peninsula.
Baldwin reported the LLC decided to professionally maintain the rink instead of their
doing it themselves. He added, they were disappointed the facility had not been used
more by the non-hockey groups because it was financially more of a strain due to
additional ice maintenance needs. Baldwin added, he hoped that would improve next
year.
Baldwin thanked Parks & Recreation Director Frates for his involvement. He noted
Frates had been working almost directly with the maintenance group. Baldwin added,
they were losing money by using the professional management for the maintenance of
the facility, but hoped to increase the revenue by charging $85.00/hour instead of
$65.00/hour.
Baldwin noted, it was difficult holding the ice during the recent warmer weather and
suggested adding plexi-glass around the rink as well as dropping the front girder to
give more shading to the ice. He suggested the costs of these improvements could be
borne by the city in the future.
Councilwoman Porter complimented. Baldwin for what had been accomplished and
added, she hoped the city would use the public/private partnership as a project in its
next All-America City application.. She suggested the costs be included in the Parks &
Recreation Department budget for review and consideration.
Krtstin Lambert -- Central Kenai Peninsula Public Transportation Task
Force
Reported she had been involved with the Central Kenai Peninsula Public
Transportation Task Force and the development of the Central Area Rural Transit
System (CARTS) and draft Central Kenai Peninsula Public Transportation Plan. She
requested council meet with members of the Task Force to hear an in-depth
explanation of the Plan. She noted, she felt the municipalities needed to have input
and be on board and added, the program was a grass-roots solution to an area
problem and had a lot of interest groups involved.
KEN~ CITY COUNCIL ME~ING MINUTES
FEBRUARY 16, 2000
PAGE 3
Council decided to meet in the Council Chambers on Monday, February 28 at 2:00
p.m. to hear the Task Force's presentation. It was noted the gathering would need to
be advertised and the public invited to attend.
Dick Troeger --'Explained he was the chair of the board which had fried for 501(3)(C)
non-profit standing. He noted, the board had applied for three grants for starting the
program and continued operations. He encouraged the council to take an interest and
stated a copy of the plan would be forwarded to .the council for their review. Troeger
also reported they were soliciting members to the board and was pleased for the city to
take an interest in the project.
Joe Donahue -- Reported the group's website was www.centralpeninsula.wego.com
and noted he was hired to do the local work and DTA to do demographic investigation.
Dona. hue added, they found they needed to start slow because the data didn't show
the program could sustain running buses. He added, they would be starting with a
call-in request line and would arrange rides. There would be a charge for the rides.
Donahue added, to date they had not requested funding from the local govemments to
run the program, although they may have to in the future. He continued, although
they had requested two additional grants, there was increasing difficulty in receiving
grants without needing matching funds. Donahue added, they were hoping the area
senior centers would be able to provide funding and equipment for the program.
Mayor Williams requested Senior Director Kelso, Finance Director Semmens, City
Manager Ross and City Clerk Freas to attend the presentation on the 28t~.
Suzanne Little -- Boys & Girls Club
Little stated she was the executive director of the Boys & Girls Club and noted she was
speaking to the item listed as H-10 on the agenda. Little explained, the Club recently
secured a five-year lease for the portion of the Kenai Element~ School they had been
using for several years. However, because the.building was also used by the Kenai
Alternative School and the Aurora Borealis Elementary School programs, there could
be the possibility the Club may have to move from the building in the future.
Little stated she was thinking ahead and talked briefly with Mayor Williams of the
possibility of building a new facility or adding on to the City's Recreation Center. If an
addition was made to the Recreation Center, she suggested the Club could jointly
operate the facility with the City. Williams stated he suggested the possibility of
'developing a Little Theatre in the city and because the Club had a drama production
program, there could be some coordination and incorporation of effort. He added, they
had also discussed the possibility of acquiring funding to build a theatre in the same
I~NAI CITY COUNCIL ME~ING MINUTES
FEBRU~Y 16, 2000
PAGE 4
area as the Challenger and ice rink facilities. Input of ideas was requested in order to
begin a process to investigate possibilities now for a later concern.
Potential properties were discUssed, i.e. land in front of the Recreation Center, in front
of the Vocational Education Building at KCHS, etc. Williams noted the theatre group
would be meeting on February 29 at the Kenai Visitors Center.
ITEM C:
PUBLIC HEARINGS
C-lo
Resolution No. 2000-5 -- Encouraging the Alaska Legislature to
Support Funding for the Magazine, Neu~spapers and More: Full Text
Articles for Alaskans Online Resource Included in the State of Alaska FY
2001 Capital Budget.
MOTION:
Councilman Moore MOVED for approval of Resolution No. 2000-5 and Councilwoman
Swarner SECONDED the motion and requested UNANIMOUS CONSENT.
Bob Peters -- Peters noted he resided in Old Town and was the current chair of the
Library Commission. Peters reported the Library Commission unanimously supported
the resolution and hoped the council would also support it. He added, the subject
database provided Intemet access to the libraries and schools in the state, as well as
individuals. Peters added, the hbrary wouldn't be able to afford the service in its own
budget due to the cost of the database.
Peters was asked if the funding for the database was currently in the state's budget.
He answered yes, it was included in the University of Alaska budget and was referred
to there as the Alaska Statewide Database Licensing Initiative. He added, the
database was a tremendous service to students and libraries.
Williams stated he would support the resolution however suggested council and
audience to be cautious as the Legislature would be reviewing the state's budget,
beginning with the amount that was included in it last year and remove another $30
million from it.
VOTE:
There were no objections. SO ORDERED.
ITEM D:
COMMISSION/COMMITTEE REPORTS
KEN~ CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE S
D-1.
meeting.
Council on Aging -- Councilwoman Porter reported there had been no
D-2. Airport Commission -- Councilwoman Swamerreported the
Commission met on February 10 and discussed formulating goals and objections for
the year; heard a report from the carpet selection committee; heard a presentation
from Finance Director Semmens on the personal property tax; and heard a gentleman
interested in developing T-hangars at the airport.
Swarner noted, some of the suggestions for goals and objectives included development
of camping spaces off the gravel runway and marketing the airport. She added, the
Commission requested council to forward their vision of how they want the airport to
develop so they might consider those ideas as they develop their goals and objectives.
Swamer also reported the airport received its new broom and the crews were learning
how to operate it. She noted she would not be able to attend the next meeting and
that Councilman Bookey stated he would attend in her place. Swarner informed the
council the carpet selection committee would be meeting again on February 23. She
noted the manufacturer representatives and local dealers had been a great help to the
committee.
Swamer asked if types of cleaning equipment, cleaning solutions, etc. specifically for a
building's type of flooring was included in the maintenance contracts for the airport
terminal, as well as other city buildings. She noted, some manufacturers specify the
type of equipment and solution to be used for the type of flooring installed. City
Attorney Graves stated he didn't think that information was included in the contracts.
Swamer suggested they should be in the next contract to better insure the guarantees
on the flooring.
Discussion followed regarding the T-hangar.presentation made at the Commission
· meeting. City Manager Ross reported he met with Doug Olson several times after the
Commission meeting and discussed his plan for developing T-hangars, possible
properties, etc. He noted, there was a piece of property currently leased by another
entity which could work for Olson and he would be contacting that lessee to see if they
wanted to continue with the lease. Swarner passed down information Olson had
distributed at the Commission meeting.
Williams stated he thought it important the city work with Olson in developing his
plan. He asked if it would be possible for the city to help Olson financially through
paving the area to the property. Swarner noted, the Commission discussed Olson's
request to pave the taxiway that would be going to the T-hangars and it was pointed
out other lessees had to pay for their own asphalting. Ross stated they were
KEN~ CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 6
investigating all kinds of options because there were several pieces of land that could
work. He added, if paving was done for Olson, the cost would be reflected in the lease
rate.
D-3. Harbor Commission -- Councilman Bookey reported the meeting had
been cancelled by council due to a lack of agenda items.
D-4. Library Commission -- Councilman Moore reported the minutes of the
February 1 Commission meeting were included in the packet and that he had reported
on the meeting at the last council meeting. Moore recognized members of the
Commission who were in the audience; Kathy Heus, Lorene Forbes and Bob Peters.
D-5. Parks ~ Recreation Commission -- Councilman Frazer reported the
minutes of the February 3 meeting were included in the packet. He noted the
Commission reviewed and unanimously approved suggested changes to the cemetery
ordinance and regulations. Frazer also reported several members of the Beautification
Committee presented 14 banner designs and from those, ten were chosen to be made
for the coming summer's use.
Parks & Recreation Director Frates reported the dedication of the multi-purpose
facility was held and was well attended. He noted the figure skating exhibition was a
highlight of the festivities, as well as the broom ball game between members of the
Lions and Rotary Clubs.
D-6. Planning/h Zoning Commission -- Councilman Frazer reported he
attended the February 9 meeting for Councilman Bannock. Frazer noted, the minutes
of the meeting were included in the packet. He explained, a lengthy discussion was
held on aerial signs and questions regarding possible encroachment of airspace from
the Commission were deferred to City Attorney Graves. Graves noted he had done
some research and a memorandum with his findings had been forwarded to Planning
& Zoning Administrative Assistant Kebschull and would be included in the
Co_m_mission's next packet.
Frazer reported the Commission requested a work session with the council for March
15 to discuas the livestock ordinance, beginning at 6:00 p.m. Bannock explained the
discussion first evolved last spring and was placed in the pending items. Bannock
reported, some of the Commission members felt there were issues involved with the
livestock ordinance which were not adequately addressed. He suggested council
recommend the Commission begin drafting of an ordinance and then discuss it at a
future work session along with other amendments to be made to Title 14. He noted, it
had been suggested the current ordinance could use a broader-based def'mition.
Frazer added, during the last Co__m__mission meeting, it' appeared to him there were
several of the Commissioners who were in favor of a much-restricted livestock
KEN~ CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 7
ordinance of what may or may not be allowed on residential properties. Additionally,
the Commission was very adamant to hold a work session with council.
Attorney Graves reported he wrote a livestock ordinance for Commissioner Goecke and
it had gone through several drafts. He noted, he wrote the ordinance on the guidelines
of what Goecke had suggested and submitted it to An~i_mal Control Officer Godek for
his review. Godek had some issues with the ordinance and Graves passed that
information on to Goecke. Graves added, there was a draft ordinance on the table for
review and it had been forwarded to the Commission. Kebschull explained, the
Corn__m__ission reviewed the draft ordinance at their September meeting and that was
when Bannock requested it be held for a work session. She added, the ordinance as it
was drafted, would limit livestock to the Rural Residential Zone, to lots equal or
greater than three acres. Graves noted, livestock, in the draft ordinance, was defined
as large a~_~mals, i.e. cows, alpacas, horses, etc. He added, chickens and small farm
an_i_m__als were not covered in the ordinance. Graves stated, the ordinance was drafted
for debate and was not the final version.
It was questioned whether the ordinance would allow for grandfather rights and
Graves answered, yes. He explained, the grandfathered lots would be addressed as
non-conforming use to cover that scenario.
Council approved a work session with the Planning & Zoning Commission on March
15 at 6:00 p.m. Clerk Freas was requested to remind council of the work session.
Ross reported, he would be filing a letter of appeal with Clerk Freas in regard to the
Commission's approval of an encroachment permit at 1110 Channel Way, Kenai.
D-7. Miscellaneous Commissions and Committees
D-7a. Beautification Committee-- Councilwoman Swarner reported the
Committee met on February 8 and discussed goals and objectives, as well as a theme
for the summer. They also discussed an Adopt-A-Park program, weeding, and a Yard-
of-the-Week program. She added, if council had suggestions about the Yard-of-the-
Week program to talk to her or Parks & Recreation Director Frates.
Councilwoman Porter stated she wanted to sponsor one of the circle planters and
added, she would be happy to have volunteers from council to work with her.
Historic District Board
H-9 discussion was moved ahead and held at place in the meeting.
Mike Huhndorf-- Noted he was the current chair of the Historic District Board.
Huhndorf stated he was aware the Board was under scrutiny, the meetings were cut
to four a year, and establishing quorums had been a problem. He suggested the
KENAI CITY COUNCIL ME;~ING MINUTES
FEBRUARY 16, 2000
PAGE 8
Board had also listed too many goals and objectives last year and were unable to
accomplish them. Huhndorf added, he believed retaining the Board had merits when
considering the requirements of the Historic Preservation Act of 1966.
Huhndorf noted the letter from Bill Kluge (added to the agenda) explained the Board
chose only one goal this year, i.e. developing an area where the old machinery now
stored could be exhibited to accompany the walldng tour.
Councilman Moore noted there were three members of the Board present, i.e. Ethel
Clausen, Emily DeForest, and Mike Huhndorf. He added, DeForest informed him prior
to the meeting that she had done some research and found grant money was available
for "bricks and mortar" for preservation of articles.
Councilwoman Porter thanked Huhndorf for attending the meeting. She asked if he
knew if it was a lack of interest that was keeping members from attending the
meetings and if it was a lack of interest, was there a point to keeping the Board.
Huhndorf answered he had been a member of the Board for approximately five years.
He was unsure of why other members did not attend meetings. He noted there had
been several resignations and suggested lack of communication was a problem in
promoting enthusiasm for history. Porter noted, because the Board had a project, it
might encourage enthusiasm on the Board. Huhndorf stated, with the Board focusing
on one goal and having members with a fair amount of knowledge, he believed they
had a better chance of succeeding. He also noted, in nominating properties as
historical sites, he didn't know if it should stop with the Townsite District Zone.
Councilwoman Swarner noted there were several applications included in the packet
for both the Beautification Committee and Historic District Board. She noted she
spoke with one of the applicants who listed interest in both the Committee and Board
and wanted to be appointed to the Board. Swarner added, she wanted to see the
Board functioning, especially if there were people who wanted to be involved. She
noted, she was concerned about the quorum issue and suggested the time and day of
meetings needed to be considered in setting the meetings. Huhndorf suggested he, as
chair, needed to be more active and thought with only four meetings a year, more
phone communication was needed.
Councilman Bookey stated he had concern about the continuation of the Board for
some time. He added, when the Board was formed, he understood it was their charge
to take care of the activities of construction or development in Old Town. He noted, he
believed the Board had gotten into a program where they wanted to do projects and
didn't believe that was ever their charge. Bookey added, he wasn't saying that
couldn't be part of their charge, but he felt the focus was lost. He added, he believed
the Board was to be in line with the Planning & Zoning Commission so that if there
IiEN~ CITY COUNCIL ME~ING MINUTES
FEBRUARY 16, 2000
PAGE 9
was development going on in Old Town, the Board would be involved. Bookey stated,
if there were no quorums and no meetings, and there was development in Old Town,
there would be a problem.
Bookey referred to the information included in the packet in which it suggested the
Board could have only two meetings a year or be on call. He stated he had some
hesitancy to do that. Porter asked Huhndorf if the Board was getting the help needed
from administration. Huhndorf answered, he had no complaints about the help or
lack of it. He added, he hoped the historic nature of the community could be
enhanced and thought the Board was an excellent way in which to ~do it.
Bookey stated he believed there were two issues: taking on projects and to aid in
regulation of development in the Townsite District Zone. Williams stated he believed
the Board had accomplished the task they set out to do and what council envisioned
them to do was yet to be completed. He noted, he believed boards, commissions, etc.
function better when they are busy and thought council needed to reexamine the issue
of the Board and consider including the Historical Society and Kenai Visitors and
Cultural Center and their roles as private organizations in exploring the co~_m_unity's
history. He added, council had discussed previously the identifying of property on
which to place a concrete slab and displaying of antique machinery, etc. He suggested
council charge the Board with finding funding, etc. to accomplish that project.
Huhndorf stated he liked that idea and felt the Board, along with the Historical Society
and Visitors Center, offered a forum for preserving the history of Kenai.
Em/ly DeForest -- DeForest noted she was a member of the Historic District Board.
DeForest stated money was available through State Historical Preservation Society
{eligible for matching grants) for preservation of historical artifacts, including shelter
or education. She noted, the matching portion varied from 50/50 to 25/75 and a
better percentage was offered for education.
Williams stated he saw an opportunity for the city to charge the Board to inventory
potential historical items, investigate property on which to display it (both city and
private properties), grants and costs involved, combining of thought between the
Board, Historical Society and KVCC, and be involved in the shaping of the core of Old
Town. He added, there was a lot that could be done by a diligent group. DeForest
noted, she also learned the Board, in investigating historical buildings, etc., did not
have to limit their review to the Townsite Historic District.
Councilman Bannock stated that in learning more about the Certified Local
Government, he felt there were two items of discussion; geographical boundaries of the
zone and the rules governing the zone. He added, council needed to decide if they
wanted the Board to adhere to the rules in the code or incorporate more of a historical
society of work to the Board. Bannock noted a comment in Kebschull's memorandum
was that she verified the benefit of maintaining the CLG status was to participate in
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 10
the Historical Preservation Fund Grant Program. He added, he agreed with that and
understood it. He then noted Kluge's letter mentioned maintaining the. CLG status
which in turn, allowed individuals to apply for tax credit on private developments of
historic significance. He asked if that was true and if it would be lost if the CLG
status wasn't maintained.
Kebschull answered she wasn't fam_i!i~ if that was dependent on being a CLG, but
knew there was an opportunity to apply for tax credits. She added, it was suggested
in the CLG information, that the city offer tax credits. Huhndorf noted, the federal
government made it possible to apply for tax credits. Bannock asked if there was a
direct tie between an individual applying for tax credits and CLGs. Kebschull stated
she was not aware.
Williams reviewed KMC 14.24.105 which defined the Townsite Historic Zone and the
Historic District Board. He noted, he believed there was a lot the Board could do
under the code and agreed with Bannock that further discussion could take place in
regard to the current code and the possibility of expanding the charge of the Board's
work.
,
Swarner suggested a work session be held to further discuss the issue and suggested
Gwen Preston (one of the applicants for Historic District Board) be appointed to the
board. Bookey questioned making appointments to the Board if their future was
unknown. Frazer stated his reluctance in turning down volunteers and that there was
a problem in attaining quorums. It was noted budget work sessions would be coming
up and there was some apprehension in setting a work session in regard to the Board.
Discussion continued in regard to making appointments to the Board and if there
were any specifications for the appointments. The code was reviewed and it was noted
the majority of the Board plus one, had to be Kenai residents and to the extent
available, three board members were to have expertise in the fields of architecture,
archeology, and history.
Porter stated she thought the appointment should be made since volunteers were
available and that new blood on the board may be what was needed to go forward.
Williams explained the filling of the seats would be a signal to the Board that council
wanted some action to take place. Williams suggested to appoint the applicants
suggested, charge the Board with the responsibility to come back to council with a
plan, including only the geographical area discussed in the code or whether it would
include other areas of the city.
Discussion followed and council directed the Board to hold a special meeting prior to
their regular meeting of April 17. At the special meeting, the Board was directed to
develop a plan for the zone or outside of the zone. The Board were then directed to
present their plan to the council during their April 17 meeting. Council requested the
Planning & Zoning Commission also be invited to the April 17 meeting.
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 11
Alexandra Lindgren, Pamela Russell and Gwen Preston were appOinted to the
Historical District Board without objection.
Swarner requested Judy Buffmgton be appointed to the Beautification Committee and
council had no objections.
D-7c. Kenai Visitors ~ Convention Bureau Board -- Councilman Bookey
reported the next meeting was scheduled for February 24 at 5'00' p.m.
D-7d.
Alaska Municipal League Report -- No report.
BREAK TAKEN: 8:44 P.M.
BACK TO ORDER: 8:58 P.M.
ITEM E: MINUTES
Regular Meeting of February 2, 2000.
Approved by consent agenda.
ITEM F:
CORRESPONDENCE-- None.
ITEM G:
OLD BUSINF~S-- None.
ITEM H: NEW BUSINESS
H-Xo
Bills to be Paid, Bills to be Rat!fl_ed
MOTION:
Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED
the motion. There were no objections. SO ORDERED.
Purchase Orders Excee~g $2,500
MOTION:
Councilman Moore MOVED to approve the purchase orders exceeding $2,500 marked
"substitute." Councilwoman Porter SF~ONDED the motion. There were no objections.
SO ORDERED.
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 12
Ordinance No. 1850-:2000 -- Increasing Estimated Revenues and
Appropriations by $164,065.52 in the General Fund to Pay Outstanding
Taxes and Costs Due on Inlet Woods Subdivision.
Introduced by consent agenda.
Ordinance No. 1851-2000 -- Increasing Estimated ReVenues and
Appropriations by $30,000 in the General Fund for the Multi-Purpose
Facility Ice Maintenance Contract.
Introduced by consent agenda.
Ordinance No. 1852-2000 -- A~ending KMC 24.15.010, Entitled
"Regulations" and the Cemetery Regulations.
Introduced by consent agenda.
Ordinance No. 1853-2000 -- Increasing Estimated Revenues and
Appropriations by $44,934 in the Airport Land System Special Revenue
Fund and the Airport Fire Station Capital Project Fund for Engineering.
Introduced by consent agenda.
H-7o
Approval -- Kenai Golf Course/Requested Rate Increase.
MOTION:
Councilman Frazer MOVED to approve the rate increases as requested by Donald
Morgan in his letter of January 21, 2000. Councilwoman Swarner 8FA2ONDED the
motion and requested UNANIMOUS CONSENT. There were no objections. 80
ORDERED.
H-8o
Approval -- Special Use Permit/Bill Joyce, Arctech Services, Inc. --
Harvesting Spruce Beetle Killed/Infested Trees.
Attorney Graves reported this Special Use Pe _rm__it was similar in nature to the previous
permit for removing trees in the Offers' Park area.
MOTION:
Councilwoman Swamer MOVED for approval of the Special Use Permit with Bill Joyce,
Vice-President of Arctech Services, Inc. in the City of Kenai. Councilman Bannock
SECONDED the motion.
KENAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 13
Ross noted, the brush removal did not include stumpage and pointed out the city
property on which Joyce would be working. He added, private property owners
wishing to participate would be able to contact Joyce and be included in the clearing
of dead trees on their improved properties at their own expense. Ross continued, the
city was obtaining waivers from owners of unimproved private properties who wanted
to participate in the program.
Bannock stated he would support the approval of the permit as he was very pleased
with the work Joyce had recently completed in Section 36. Williams asked if anybody
had discussed the stumpage w/th any of the contractors? He noted he was aware of
one local business storing root balls and stumpage to be used for future river bank
restoration. Ross answered no, it was not part of the project. He added, when and if
it would be decided to do additional work at Section 36, administration would
investigate putting it out to bid for removal during future winters to see if there would
be any value for the city in regard to the timber. Ross added, stumpage removal had
not been discussed. Joyce did state he didn't get the yield he thought he would in the
east side project already completed and Ross believed if there had been some value in
the stumpage removal, Joyce would have pursued it.
VOTE:
There were no objections. $O ORDERED.
Discussion -- Historic District Board
Discussed at D-7b.
H-lO.
Discussion -- Potential Parmerin§ with Boys & Girls Club/Development
of New Facility.
DiScussed at B-3.
ITEM I:
ADMINISTRATION REPORTS
I-1. Mayor
Fish Tax-- Williams referred to the Department of Community and Economic
Development letter included in the packet indicating the city would receive $4,831.52
in Share Fisheries Business Tax and $308.62 in Fishery Resource Landing Tax.
Alaska Fire Chiefs Association Donation -- Williams requested a donation of
$1,000 be made to co-sponsor a reception in Juneau during the Alaska Fire Chiefs
Association Conference. The other co-sponsors would be PRISM and the Alaska Fire
~NAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 14
Chiefs Association. He noted, they would be seeking business for the facility as well
as promoting Kenai and its local businesses and facilities. Williams reported the
Department of Transportation would be sending workers to the facility and he
intended to meet with the director of the state ferry system to ensure their training
would be done in Kenai.
Swarner asked if there were other items the city would be asked to fund in the next six
months in regard to PRISM. Williams answered, he was not aware of anything,
however he noted he 'was still working with the Coast-Guard in regard to the plan to
'enlarge' the fire training facility.
Pipeline Project -- Willies reported he and Mayors Bagley and Lancaster gave
their pipeline presentation at a conference in Anchorage earlier in the week. He noted,
it was well received and there were many people surprised there was another
destination for the pipeline other than Valdez. Williams added, Mayor Bagley would be
making the presentation to the Palmer/Matanuska-Susitna area and he (Wi!l/ams)
wanted to make the presentation to council in the near future.
Industry Picnic -- Williams reported the picnic committee held their first
·
meeting and set the date of the picnic for August 26. He added, the committee
'expanded the picnic to include the tourism industry and the Soldotna Chamber had
agreed to donate $1,000 to the effort.
Tesoro-Alaska Petroleum -- Willies reported he met with former council
member Raymond Measles in regard to a letter received by Tesoro from the State of
Alaska demanding payment of $24 million, includin§ 16 years of penalties and
interest. He explained, in addition to the state's demand, it was reported the Alaska
portion of the corporation lost approximately $3 million, but overall, the corporation
made a three percent profit. Williams stated, the Nikiski refinery had been directed to
develop a method by April 15 to improve Tesoro-Alaska to support their being a
function of the overall corporation. In addition, the corporation was trying to develop
other markets, but currently, everything was on the table, including the refinery.
Williams added, it was his understanding another letter from the State demanding an
additional $16 million was to follow.
Economic Development District Board of Directors -- Wi!l/ams noted the
City of Kena/had two seats to represent it on the EDD Board of Directors and only one
of the seats was filled (his). Williams suggested Randy Daly of Hi Speed Gear be
appointed to the other seat as Daly had been involved with the organization, stated his
interest, and had the time to give. Council had no objections to the appointment of
Daly as one of the city's representatives to the EDD Board of Directors.
Advertising -- Williams reported his concern that a local radio advertisement
by a local water delivery business was stating the city was adding chemicals to its
~NAI CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 15
drinking water. He suggested a public relations advertisement be prepared informing
the public of the city's new wells, the cleanness of the water, and lack of chemicals in
the water.
Public Works Manager Komelis reported, currently the city sends out a report to the
public about the water (October 1 and one by July 1), which was required by law.
Swamer suggested the Public Works Department distribute a brochure to all the users
as well as the radio stations. Ross stated they would make the informational brochure
normally sent out more attractive and less governmental looking which might create
more interest. It was suggested the information be sent to all the users of the system
and to the radio station news directors immediately.
I-2. City Manager
E~I/PRISM -- Ross reported he and Finance Director Semmens met with the
CEO and Financial Officer of ESI and learned' ESI was very happy with the facility, but
were not pleased with the Slow development in class sizes, etc. He added, ESI would
be approaching the city about the sharing of the gross revenue and when to begin the
sharing. Ross noted, Semmens requested a copy of the financial records to review. He
added, they had all been aware what the margins would be when the program began.
Ross also noted, the level included in the initial agreement had not yet been reaChed.
I-3.
Attorney-- No report.
I-4. City Clerk
Volunteer Advertisement and Reception -- Clerk Freas referred to a ·
memorandum included in the packet which noted National Volunteers Week was
scheduled for April 9-15, 2000. She added, in the past, council had requested an
advertisement be included in the newspaper listing all the volunteers of the city and
.hold a reception honoring the volunteers. Freas asked if council wanted to do the
same this year and if so, when did they want to hold the reception.
Council chose Friday, April 14, 2000 as the evening on which to hold their reception
and agreed to the suggestion of Councilman Bannock to cook hamburgers and hot
dogs instead of the normal reception fare. The reception, it was decided, would be
held at the Kenai Senior Center from 6:00 p.m. to 8:00 p.m. Council also agreed they
would serve the food and Bannock, the chair for the event, would cook.
Williams requested the members of the LLC be included in the list of invitees.~
Finance Director-- No report.
Public Works Managers
KEN~ CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 16
Komelis
Project hnpaet Work Plan -- Komelis reported a three-day Damage
Assessment Workshop entitled, "Post-Disaster" would be offered at the Kenai Fire
Training Center March 9-11, 2000. The course was in conjunction with the Alaska
Division of Emergency Services and Project Impact. He added, it was a certification
program and those completing the course would have an Alaska Responders Card and
could be called on after a disaster to inspect buildings, etc. to ensure their safety.
Department of Transportation Workshop -- Komelis reported a public
workshop would be held on April 5, beginning at 6:00 p.m. in regard to improvements
to Kenai Spur Highway, Milepost 10.6 to 22 (comer 'of Main Street Loop and the
highway to South Miller Loop Road).
Unity Trail Workshop -- Komelis reported he attended the workshop just prior
to the council meeting. While there, he reviewed the maps of the project and noted it
included 5.3 miles. Komelis also reported, the project was to be bid in the summer
and construction begin during the summer. The trail, he noted, would be placed on
the south side of the road and completion would be next year.
La Shot -- No report.
I-7.
Airport Manager-- No report.
ITEM J:
DISCUSSION
J-X.
Citizens-- None.
J-2. Council
Bookey-- No comments.
Swarner-- Reported she visited the city shop and suggested the shop
employees would appreciate a visit from the council members.
Moore -- No comments.
Porter-- No comments.
Bannock-- Stated he would not be in attendance at the March I meeting.
Frazer-- No comments.
Williams --
· Williams reported a group of Challenger representatives traveled to
Lawton, Virginia to take possession of and do final inspection of the module unit for
the facility. He also noted the program was approximately $30,000 short in meeting
their capital expenses goal, but he believed the group would be able to acquire the
funds.
KEN~ CITY COUNCIL MEETING MINUTES
FEBRUARY 16, 2000
PAGE 17
· Williams reported he and Ross comPosed a letter to Senator Stevens and
requested $450,000 to offset the costs for engineering for the coastal trail project.
EXECUTIVE SESSION
MOTION:
Councilwoman Porter MOVED to convene in an executive session of the council of the
City of Kenai concerning matters which by law, municipal charter, or ordinance, are
required to be confidential. Councilwoman Swarner SECONDED the motion. There
were no objections. SO OltDE~D.
AT EASE DUllING EXF~UTIVE SESSION:
BACK TO ORDER: 10:46 P.M.
9:45 P.M.
Councilwoman Swarner reported the executive session was held pertaining to
employee evaluations prior to the budget and they would be held on March 15 and
directed administration to include only the most important items on the agenda for
that night and Clerk Freas to include evaluation forms in the March 10 packets for
council.
ITEM K:
ADJOURNMENT
MOTION:
Councilwoman Swarner MOVED to adjourn and Councilman Moore SECONDED the
motion. There were no objections. SO OItDE~D.
The meeting adjourned at approximately 10:48 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, CiTM clerk
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CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
Memorandum
Date:
To:
From.'
February 23, 2000
Richard Ross, City Manager~/']/~/
Kim Howard, Assistant to City Manager ~~
Assignment of Leases & Assignment of Leases for Security Purposes -
Lofstedts to SOAR International Ministries, Inc.
Lot 1 A, Block 2, General Aviation Apron
Lot 3, Block 1, General Aviation Apron
Vernon L. Lofstedt, Sr., Murial Ruth Lofstedt, Vernon L. Lofstedt, Jr. and Diana K. Lofstedt
acquired the above referenced properties through nonjudicial foreclosure. The Lofstedts,
through their attorney Robert J. Molloy, have requested approval of the attached Assignment
of Leases and Security Assignment of Leases for the above-described properties to SOAR
International Ministries, Inc. A map showing the location of the properties is attached.
The insurance required in the lease for Lot One A (IA), Block 2 is inadequate. As the older
leases have come up for assignment, we have been requiring an amendment updating the
insurance requirements. The assignment of the lease should be contingent upon the new
lessee agreeing to amend the lease to incorporate new insurance requirements.
The City Attomey has reviewed the proposed agreements and has no objection to the
documents.
Does the Kenai City Council approve the Assignment of Leases and Security
Assignment of Leases for Security Purposes providing the new lessee agrees to amend
the lease insurance requirements?
Cc.'
Robert J. Molloy, Attorney at Law
Attachments
LEASE ~...../'
/
7A
B~CLE WAY
513
(2)
i , /
i/
( :z /
(2) 8
FEB ~ ~00 04: 11PM MOLLO¥ O~ LANDRY 90? ~8~ ~8B$
P.1
ROBERT J. I~LLOY
ATTORNEY AT LAW
ADMITTED IN ALASKA AND WASHIN~TO~
I~ISTZNE A. SCHMZDT, OF COUN~
ATTORNEY AT LAW
ADmiTTED IN ALASKa, CALIFORNIA AND WASHINGTON
(907) 283-7373
(907} 283-2835
~1 lev 1 ~wS_~_.
VIA, FAX TO 283,-3014
A~T~rd A. Ross, City Manager
: Klm Howard
Cary Graves, City Attorney
City of Kenai
210 Fidalgo St., Suite 200
Kenai, AK 99611
February 22, 2000
RECEIVED
CITY OF KENA~"~'~'"
Re: Lotstedt Leases with City of Kenai
Assignment to SOAR International Ministries, Inc.
Dear Mr. Ross, Ms. Howard and Mr. Graves-
Th/s/s to notify you that the Lofstedts have signed an Agreement for
Purchase and sale with SOAR Intemat/onal Ministries, Inc., an Alaska non-profit
.corporation, which includes an assignment of the Lofstedts'/nterest~ as Lessees
un the leases of Parcel 1 (Lease $$2056, Lot lA, Block 2, GAA) and Parcel 2 (Lease
~).057, Lo~ 3, Block 1, G.~).
The representative of SOAR International Ministries, Inc. is Richard L
Page, who can be reached at 260-1932 (IN') and 398-6652 (Cell). $OAR's addre~ i~
P. O. Box 2301, $oldotna, ,~ 99669. SO~ i~ a ministry to Bu~ Alaska and to
the Russian Far East. SOAR plans to begin operations with one (1) Navajo
aircraft and to o_Eerate a second aircraft, probably a DeHavilhnd O~er, wi~
the first year. SOAR also plan to offer fixed base operations ~ervice to private
_~_~rcraft. SOAR also plans to keep the present avionics shop on the premises.
· Dale Dolfka represents SOA1L Closing will be handled through First
American Title in Kenai. Among other cloements, I have drafted an Assignment
FEB ~ '88 04: 11PM MOLLOY OR LANDRY 90? ~83 2835 p.~.
of Leases for Security purposes, which will be delivered to First American Title
~ week. It is my' underst~di~g that it is the City's practice to draft the two (2)
Assigruments of Leases and two (2) Coments to Assignments of Leases.
The parties would like to get this transaction in front of the City Council.
for review and approval as soon as the City Admin~tration can accomplish frs
own review. Please let me know as soon as possible the date o£ the City Council.
meeting when you anticipate that this transaction can be on the agenda. Thank
you.
Very truly yours,
cc: Diana K. Lofstedt for Beneficiaries
FEB ~3 '00 09: 14AM MOLLOY OR LAJgDRY 987 :~83 ~835
P.1
ROBERT J. MOLLoY
ATTORNEY AT LAW
ADMITTED IN ALASKA AND ~&$HINGTON
KKISTINE A. SC~MIDT, OF COUN~
ATTORNEY AT LAW
ADMITTED IN kL~SKA, CALIFORNIA AND WASHINGTON
110 South Willow Street,-Sui=e 10i
Ke~at, Alaska 99611
(907) 283-737]
(907) 283-2835 (FAX)
k~ahmldt~alaz~, c_~!T
VIA 1AX TO
Richard A. Ross, City Manager
ATrN: Klm Howard
Gary Graves, City Attorney,
City of Kenai
210 Fidal~o St., Suite 200
Kenai, AK 99611
F~brua~ 2.3, 2000
Lo~stedt Leases with City of Kenai
'Assignment to SOAR International Ministries, Inc.
Dear Mr. Ross, Ms. Howard and Mr. Graves:
d.r".Per our telephone conversation of this mom/ng, enclosed is a copy of the
art assignm .ent of Leases for Security Purposes. It is my understanding that
Ms. Howard will fax to me copies of the Assignments of Leases and Consents to
Assignments of Leases.
the -' It ~ also m,y uncle~standing that this transaction can be on the agenda/or
City Council s meeting on March 1, 20,00 at 7:00 PM. It is likely that only the
,pr/nci~..al? repr. esen.ting the Lofstedt family and SOAR International Ministries,
mc. wi/l ye at the C~ty Council meetin§. Tllank you for the prompmess o/your
attention to this matter.
/
Robert-l. M0_~J~ '
cc: 'Diana K. Lofstedt; Dale Dolifl~
·
FEB ~3 '88 09: l SAM MOLLOY OR LAHDRY 90? ~83 ~835
FOR VALUE RECEIVED, receipt of which is ackmowledged, the Assignor,
SOAR INTERNATIONAL MINISTRIES, INC., ~n Alaska corporation, whose
address is P. O. Box 2301, Soldo~'ta, Alaska, 99669, does hereby assign, transfer
and set over to VERNON L. LOFSTEDT, Sr. and MURIEL RUTH LOFgTEDT,
whose address is P. O. Box 1616, Kenai, Alaska, 99611, and VERNON L.
LOFSTEDT, Ir., whose address is P. O. Box 1042, Kenai, Alaska, 99611, ~nd
DIANA K. LOFSTEDT, whose address is..F.O. Box 942, Kenai, Alaska, 99611, as
Assignees, all of its right, title, and interest in and to the following described
leases, with CITY OF KENAI as Lessor:
Lease dated August 3, 1977 and recorded on Aug.ust 25, 1977 i,n Book 113
at Page 61, Kenai Recording District, with Southcentral Air, Inc. named as Lessee,
originally leased to Andy's Flying Service, Inc., covering property located at
Kenai Municipal Airport, in the Kenai Recordin§ District, 5tale of Alaska,
described as follows;
Parcel 1 - Lot One A (lA), Block Two (2), according to the Plat of
GENERAL AVIATION APRON, No. $, filed und~ Plat No. 87-95,
located in ~he genai Recording District, Third Judicial District, gt~te
of Alaska.
Assessor's Parcel No. 0~,:~-240-0¢.
Street Address:135 Granite Point Court, Kenai, Alaska 9961'i..
Lease dated August 19, 1985 and recorded on September 4, 1985 in Book
269 at Page 985, with-James A. Munson named as Lessee, originally leased to
Vernon Lofstcat, individually, and Southcentral, A_ir, Inc.., co~ver!ng, p,,r. operty,
located at Kenai M~.micipal Airport, irt the Kenai Recorcling uisrricr, ~rate or
Alaska, described as follows:
Parcel 2- Lot Thrme (3), Block One (1), accord~g to time Plat of
GENERAL AVIATION APRON, No. 1, filed under Plat No. 73-68,
located in the Ker~ai Reco~ing District, Third Judicial District, State
o[ Alaska.
Assessor's Parcel No. 045-240-05.'
Street Address: 125 F.B.O., I~enai, Alaska 99611.
TO HAVE AND TO HOLD the same from the date hereof for and during
all of the remainder yet to come of the term of said lease agreement.
The Assi~xees shall be privileged at any time hereafter to have the
un:estricted right to reassign any interest hereby acquired. It i~ further agreed
that this assignment does not obligate the Assignees to any of the provisions of
the lease until or unless actual possession is taken by the Assignees or ~their
subassignees.
I -- ASSIGNMENT OF LEASES FOR SECURITY PURPOSE5
EXBIBIT 8
FEB ~3 '00 OS: l SAM MOLLOY OR LAHDRY gO? ~8~ ~8~k~ P.3
This assignment shall be void so long as the said Assignor s~ll perform
all of the covenants, ~clud~g any for the paymen~ o~ mone7, contained ~ the
Secured Promissory Note which this d~te it made and de~vercd to ~aid
A~signee~, and ,hall ~eHorm all of th~ cov~nant~ and f~fill afl of the condi~ion~
contai~ed in the deed of trust, ,ecurity agreem~t and pledge agreement entered
into between tlae ~aid A,~ignor and the ~aid ~ignee~ a~ n part of tl~t ~ran, action
o[ which thc crcntion o~ such indebtedness ~ a part. Upon the release o[ any
parcel of the property from the deed of trust executed by Assignor in favor of
Assignees of even date herewith, this ~$signment shall teminate as to suds
parcel.
, :1000.
DATED this __ day' of ....
SOAR INTERNATIONAL MINISTRIES, INC.,
By: RICHARD L. PAGE, President
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )
THIS 15 TO CERTIFY that before me, the undersisned a Notary Public in and for the
,State of Alaska, duly cormnissioned ,'md sworn as such, personally appeared RICHARD L.
PAGE, .h~own to me and to me known to be the identical Individual named h'~ and who executed
the above and I'orcsuing iBstrun'~er~t, ,"is Prcsidmat of SOAR INTEF, NATIONAL MINISTRIES,
INC.. ~nd who acknowledged to me that he signed and sealed the same as President of SOAR
INTERNATIONAL M1NISTRI~, 1NC., in the name of and [or m~d m belml~ of said
corporation, freely and voluntarily and by authority of the Corporation's Board of Directors as
IN WITNESS WMEREO~. I h~ve hereto set my h~nd ~ affixed
tills _ day of .. .2~0.
Notary Public ~or the State of Alaska
MI' Commission Expires: ___ _
B~cortv AT:
A_Fi'_ER_RECORDING. R,ETUR_ N TO:
Diana K. Lofstedt
C/o Robert J. Molloy, Attorney at Law
110 5. Willow St., Suite 101
Kenal, AK, 99611
KENAI REC_O_RDING DIS~RI_CT
2 -- ASSIGNMENT OF LIZAS '---~ FOR SECURI'I~ FUI~OSF..S
EXHIBIT
P. AGE 2.
ASSIGNMENT OF LEASES
This assignmem is entered into between VERNON L. LOFSTEDT, SK. and MU-RIEL
RUTH LOFSTEDT, Husband and Wife, Assignors, as Tenants by the Entirety as to each other
and as Tenants in Common with the remaining Assignors, whose address is P.O. Box 1616,
Kenai, Alaska 99611, VERNON L. LOFSTEDT, JR., Assignor, as Tenant in Common, whose
address is P.O. Box 1042, Kcnai, Alaska 99611, and DIANA K. LOFSTEDT, Assignor, as
Tenant in Common, whose address is P.O. Box 942, Kenai, Alaska 99611 and SOAR
INTERNATIONAL MINISTRIES, INC., an Alaskan non-profit corporation, whose address is
P.O. Box 2301, Soldoma, Alaska 99669 (Assignee).
Assignors do herebY assign and transfer all of their interest in the leasehold estates as
evidenced by that certain Lease Agreement with the CITY OF KENAI as Lessor, dated August 3,
1977 and recorded on August 25, 1977 in Book 113 at Page 61, Kenai Recording District, Third
Judicial District, State of Alaska and covering the following-described property:
Parcel 1
Lot One A (IA), Block Two (2), according to the Plat of General Aviation Apron
No. 3, filed under Plat No. 87-93;
that certain Lease Agreement with the CITY OF KENAI as Lessor, dated August 19,
1985 and recorded on September 4, 1985 in Book 269 at Page 985, Kenai Recording District,
Third Judicial District, State of Alaska and covering the following described property:
Parcel 2
Lot Three (3), Block One (1), according to the Plat of General Aviation Apron
according to Plat No. 73-68;
to Assignee to have and to hold the same from the date hereof, for and during all of the
remainder yet to come of the term of said Lease Agreement.
Assignee agrees to comply fully with all the terms and provisions of the Lease, and to
hold the Assignors harmless from any liability arising thereunder.
Assignment of Leases - Page 1 of 4
1N WITNESS WHEREOF, the said Assignors have hereunto set their hand and seal this
__._ day of . ,2000.
ASSIGNORS:
By:
vernon L. Lofstedt, Sr.
By:
By:
Muriel Ruth Lofstedt
Vernon L. Lo~stedt, Jr.
By:
Diana K. Lofstedt
ASSIGNEE:
SOAR INTERNATION~ MINISTRIES, INC.
Richar~~e, President
Assignment of Leases- Page 2 of 4
STATE OF ALASKA
THIKD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of ,2000,
, 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 insmament.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this~ day of ,2000,
, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary a.
authorized execution of the foregoing instrument. ~.. .... -~
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this ~_ day of ,2000,
, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument.
Assignment of Leases - Page 3 of 4
Notary Public for Alaska
My Commission Expires'
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this _~_ day of ,2000,
, being personally known to me or having produced
satisfactory evidence of identification, appeared before me and acknowledged the voluntary and
authorized execution of the foregoing instrument.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDIC~ DISTRICT
)
)ss
)
THIS IS TO CERTIFY that before me, the undersigned a Notary Public in and for the
State of Alaska, duly commissioned and sworn as such, personally appeared RICHARD L.
PAGE, known to me and to me known to be the identical individual named in and who executed
the above and foregoing instrument, as President of SOAR INTERNATIONAL MINISTRIES,
1NC., and who acknowledged to me that he signed and sealed the same as President of SOAR
INTERNATIONAL MINISTRIES, INC., in the name of and for and on behalf of said
corporation, freely and voluntarily and by authority of the Corporation's Board of Directors as
President for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, this
day of 2000. ~..
Notary Public for Alaska
My Commission Expires:
Assignment of Leases- Page 4 of 4
Cary R. Gmve~
CITY OF KENAI
210 Fidalgo Avenue
Kenli, ~ 99611.7794
(907) 283-7535 x225
FAX (907) 283-3014
CITY OF KENAI
KENAI MUNICIP~ AI~ORT TERMINAL BAR
LEASE AGREEMENT
THIS LEASE, made and entered into this 1 st day of March, 2000, by
and between the City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai,
Alaska 99611-7794, hereinafter referred to as City, a body corporate
under the laws of the State of Alaska, and JODY DONAGHE, Corey,
Inc. dba Upper Deck, whose address is 43187 K-Beach Road,
Soldotna, AK, 99669, hereinafter referred to as the Lessee.
WITNESSETH.
That for and in consideration of the rent to be paid by Lessee for the
operation of the facility and surrender of the same in good condition
to the City at the termination of this Lease and other consideration
given by the Lessee herein, the City hereby leases to the Lessee, and
Lessee takes and leases in an 'as is" condition from the City, premises
described and shown on the attachment labeled Exhibit "E' and made
a part hereof. Exhibit F lists fixtures, furnishings, and other
amenities owned by Corey, Inc. and Jody L. Donaghe, Individually
that are not included in this lease.
The location of the leased area is in the Kenai Municipal Terminal
Building, 305 No. Willow Street, Kenai, Alaska, within the NWl/4,
SE1/4, Section 32, T6N, RI lW, S.M. Said Leased area shall
hereinafter be referred to as 'the Premises."
TO HAVE AND TO HOLD the same Premises unto Lessee, subject to
the conditions and covenants herein contained, for the term
hereinafter specified.
The parties hereto further covenant and agree as follows:
ARTICLE I
Term of Lease
The term of this lease shall be five (5) years, commencing March 1,
2000, and terminating at midnight on February 28, 2005. Upon
termination of the this Lease, improvements including, but not limited
to, those listed and described under the attached Exhibit E shall
revert to the City and further upon the termination of the Lease, all
equipment and fixtures on the leased premises under provisions
hereof and all f~xtures on the leased premises under provisions hereof
and all fmtures appurtenant to such buildings, including but not
Bar Lease Page 1 of 11 LESSOR:
2/17/0O LESSEE:
Cmy R. Gravee
City Atmnmy
CITY OF KENAI
210 Rdaigo Avemm
Suite 2OO
Kenai, AJaska 99611-7794
(~07) 283-?~ x22S
FAX (907} 283-3014
limited to those constructed by Lessee, shall become the property of
the City.
Rental Amount
Lessee shall pay to the City as rent for the use of the premises the
following:
$800.00 per month. In addition, Lessee agrees to pay sales tax
on the monthly rental as determined by Borough and City
ordinances.
Late payments shall be subject to penalty and interest as
provided by City Code.
The City owns the premises and trade fixtures and equipment under
this Lease. Lessee shall be subject to taxation upon all personal
property owned by City and used on or in connection with the leased
Premises. Lessee covenants to pay any taxes as may be lawfully
assessed against any real or personal property upon the premises,
including, but not limited to, taxes assessed for f~xtures and the
leasehold interest. The Lessee shall pay costs and expenses incident
to this lease, including but not limited to, recording costs.
ARTICLE II
Purpose and Improvements
Lessee shall provide for the operation and maintenance of the leased
premises as a bar.
Public Use and Non-discrimination
A. The Lessee agrees that the facilities and the other
improvements provided for herein shall be equally available to all
members of the public without discrimination. Any discrimination by
the Lessee in the use of any facility hereinabove described on grounds
of race, sex, religion or national origin shall be deemed to be a
material breach of this Lease and grounds for cancellation of the
Lease.
B. The Lessee agrees that he will not discriminate against
any employee or applicant for employment, to be employed in the
performance of the Lease with respect to his hire, tenure, terms
conditions or privileges of employment or any matter directly or
indirectly related to employment because of age, except when based
on a bona fide occupational qualification, or because of race, sex,
Bar Lease Page 2 of 11 LESSOR:
2/17/00 LESSEE:
C~y R. Grav®~
Cay ~
CITY OF KENAI
210 Rdalgo Avenue
KenlJ. AJA.~ ~9611-7794
(9O7) 283-7536 x225
FAX (907) 283.,3014
religion or national origin. Lessee understands that any such
discrimination shall be deemed to be a material breach of this Lease.
C. This agreement is subject to the requirements of the U.S.
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 connections 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 agreements that it enters
and cause those businesses to similarly include the statements in
further agreements.
ARTICLE III
P, ossession and Maintenance
Lessee shall have sole possession of, and responsibility for,
maintenance of the premises, including, but not limited to, all
improvements constructed thereon and fmtures and equipment
existing on the property at the commencement of the Lease and
thereafter installed by either Lessee or City. The City shall have the
fight to inspect the Premises and to impose reasonable regulations to
insure proper care, maintenance, and upkeep of the Premises. The
degree of maintenance shall be in keeping with similar premises. The
City, through its City manager, or his designee, shall have the right to
require that the Premises and improvements thereon meet general
standards of other like facilities.
The City may advise the Lessee in writing of any deficiency in
maintenance of the Premises. The deficiency shall be corrected within
thirty (30) days, or within an appropriate period as may be otherwise
agreed.
Improvements, facilities, fixtures, equipment and things on, in or
appurtenant to the leased premises are leased "as is" and without any
warranties or representations whatsoever, including warranties of
fitness for a particular purpose or warranties of merchantability.
ARTICLE IV
O~)eration
A. In its operation on the leased premises, Lessee shall
observe all applicable Federal, State and Municipal Laws and health,
safety, and well-being of the public.
Bar Lease Page 3 of 11 LESSOR:
2/17/00 LESSEE'
Cary R. Grav®a
CITY OF KENAI
210 F'K:lalgo Avenue
Suite 2O0
Kiwi, ~ 99611-7794
(;07) 283-7S,.~ x22S
FAX (907) 283-3014
B. Lessee shall at its expense, meet the requirements of loca~
and state health departments coveting the handling and dispensing of
food and beverages, if applicable. Adequate toilet facilities in
accordance with state and local regulations shall be provided and
maintained at locations on the premises. Refuse and waate materials
shall be handled as required by applicable state and local laws,
ordinances and regulations.
C. Lessor agrees to pay all public utility bills for electricity,
gas, water, and all other utilities used or consumed, on the Premises
and to procure at its expense all meters and permits necessary for
making connections and continuing utility services.
D. Lessee agrees, subject to Article XII of this Lease, to
continuously operate the facility during the period of the Lease. For
purposes of this Lease, 'continuous operation' means that the facility
is open for business on a daily basis (Sundays and holidays excepted
at Lessee's option) and for such hours as would be reasonable for
similar facilities existing on the Kenai Peninsula. Hours of operation
shall be attached to public exterior doors.
ARTICLE V
Insurance
During the term of this lease, Lessee shall procure and keep in force,
or shall where appropriate, require Lessee's contractors and
subcontractors to procure and keep in force, the following insurance'
A. Workmen's Compensation Insurance, sufficient to meet
State of Alaska statutory requirements, including $100,000.00
employer's liability coverage, protecting all employees of Lessee and
employees of its contractors or subcontractors during the term of this
Lease.
B. Comprehensive General Liability Insurance, including
limits as to bodily injury liability of $1500,000.00 for each occurrence
and $500,000.00 in aggregate and, as to property damages, liability of
1111500,000.00 for each occurrence and $$00,000.00 in aggregate.
Insurance policies required by this paragraph shall name LeSsee as
Insured and the City as an additional insured. Such insurance shall
be made effective prior to the beginning of operation of the premises.
C. Fire, Vandalism, Malicious Mischief, and extended
coverage insurance covering all improvements on the leased premises
during the time of the lease. Such insurance policies shall be issued
Bar Lease Page 4 of 11 LESSOR:
2/17/00 LESSEE:
in the joint names of the City and Lessee and shall be payable to the
City and Lessee, as their respective interests may appear.
Lessee shall deliver duplicate originals or certificates of all insurance
policies required hereunder to the City prior to occupation of the
Premises. _'l'~e entire ~arnount collected for losses under' any fire and
extended co erage policies shall be held under joint control of the City
and Lessee and shall be made available to repair, restore, or rebuilds
the damaged improvemer/ts. Any excess part of the insurance fund
remaining after the cost of repairs, rebuilding or restoration is paid,
shall be paid to the Lessee. In the 'event the insurance fund is
insufficient to cover the cost of repairs, rebuilding or restoration, the
excess cost shall be borne by Lessee.
D. Liquor liability insurance in an amount of not less than
one million dollars ($1,000,000}.
· E. Reassessment of insurance needs may be made by City at
any time to determine whether or not, in the City's sole determination,
the coverage shall be changed.
F. Lessee agrees that thirty (30) days notice in writing shall
be given the City in the event of cancellation, termination or material
change of any insurance policy required hereunder.
ARTICLE VI
_
Assignment of Lease
Except as provided in this paragraph, this Lease shall not be assigned
in whole or in part, unless and until the City approves such
assignment in writing, which approval shall no be unreasonably
withheld. Upon written request by the City, the identity of the holder
or holders to any mortgage, deed of trust or security instrument and
all individuals, corporations, or parties having a financial interest as
secured parties, investors, or shareholders with the Lessee in this
Lease, shall be provided to the City by Lessee within thirty (30) days of
such request. Lessee shall have the fight to sublease the Premises for
uses and purposes, which are in accord with the provisions of this
Lease, only upon written approval by the City, which approval, shall
not be unreasonably withheld.
Cary R. Grave~
C41y A~rney
CITY OF KENAI
210 F'~lalgo Avenue
Suae 2OO
Kelllt, Alaska 99611-7794
(907) 283-7535 x225
FAX (907) 283-3014
Bar Lease
2/17/00 Page 5 of 11
LESSOR:
LESSEE:
C~"y R. Gravee
Cay Ammey
CITY OF KENAI
210 Fidalgo Avenue
Suite 2OO
Kenli, Alaska 99611-7794
(9O7) 283-7s3s x22S
FAX (907) 283-3014
ARTICLE VII
Pledge of Lease
It is understood that in borrowing funds Lessee cannot place a
mortgage on the Premises or the f~xed improvements placed thereon.
However, it is contemplated that Lessee may be required to borrow
funds for-the initial construction of improvements and that from time
to time during the term of this Lease it may be desirable or convenient
for Lessee to borrow additional funds for additional improvements,
alternations, repairs or for other purposes. Accordingly, it is agreed
that Lessee shall at all times during the term of this Lease have the
fight to grant rights of security in this Lease .and the leasehold rights
of Lessee created by this Lease, provided, however, that any such
rights of security shall at all times be subject to the fight, title and
interest of the City as owner of the Premises and fhxed improvements
placed thereon and the right of the City to require the payment of all
rentals due hereunder and the full and faithful performance of the
covenants and conditions of this Lease.
Subject to any such rights of security, the City shall have a lien upon
all personal property not daily exposed to sale, owned by Lessee and
used on the Premises to secure the payment of the rentals as they
respectively come due hereunder.
In the event that any time during the term of this Lease, Lessee, or
anyone holding under Lessee shall be in default of any of the
covenants or conditions of this Lease, then and in such event, before
forfeiture is invoked by the City, the holder of any rights of security
granted by Lessee hereunder may make any and all payments and do
and perform any and all acts and things which may be necessary or
required to prevent a forfeiture of this Lease, and the party making
such payments be subrogated to all rights of the Lessee under this
Lease. The City agrees, that, if requested in writing by the holder of
any such rights of security, the City will send to the said holder at the
address specified in such written request copies of all written notices
or demands which the City may serve upon Lessee or anyone holding
under Lessee under and pursuant to the terms of this Lease or
otherwise.
It is understood, however, that the holder of such rights of security,
shall in no way be liable to the City for the payment of any rent or for
the performance of any other covenant or conditions under this Lease
until such time as it shall acquire by conveyance from the Lessee, or
by the foreclosure or other proceedings provided by law or by the
terms of any written instrument, all the fights, title and interest of the
Lessee under this Lease; provided, however, that any party who shall
Bar Lease Page 6 of 11 LESSOR:
:2 ! 17 / 00 LESSEE:
Cary R. Grave~
c~ty Attorney
CITY OF KENAI
210 F'~lalgo Avenue
Suite 200
Kenli, AJasl~ 99611.7794
(90D 283-75,.~ ~25
FAX (907) 283-3014
acquire said fights, tide and interest of the Lessee, as above provided,
shall thereupon and thereby become liable for the full performance
and all payments theretofore and thereafter required to be made by
Lessee under the covenants and conditions of this Lease, as fully and
completely and to the same extent as the Lessee itself would have
been if it still had retained its right, title and interest hereunder.
ARTICLE VIII
Cancellation and Forfeiture
In the event Lessee shall be declared bankrupt according to law, or if
any assignment shall be attempted to be made of this Lease for the
benefit of creditors (other than as herein permitted) or if Lessee shall
abandon the leased premises, or in the event rental due hereunder
remains unpaid for thirty (30) days after notice of nonpayment given
to Lessee, then in any of said events, the City may declare the Lease
to be terminated and may enter into and upon the premises covered
by this Lease or any part thereof and repossess the same (including
any and all improvements and installed fmtures) and expel the Lessee
and those claiming under it and remove its effects, without being
deemed guilty of any manner of trespass and without prejudice to any
other remedies which might otherwise be used for possession or for
arrears of rent.
ARTICLE IX
Mutual Cancellation
Leases in good standing may be cancelled in whole or in part at any
time upon mutual written agreement by Lessee and the City Council.
This agreement may be terminated wi.th cause by giving fifteen (15}
days written notice by registered mail to the other party. Cause is
defined as the violation of the terms and conditions of this agreement.
ARTICLE X
IndemnificatiOn
Lessee shall protect, indemnify and save harmless the City from and
against any and all claims, demands, and causes of action of any
nature whatsoever for injury to or death of persons, or loss or damage
to property, occurring on the Premises or in any manner growing out
of or connected with the Lessee's use and occupation of the Premises
or the condition of the Premises during the terms of this Lease.
Bar Lease Page 7 of 1 1 LESSOR:
2/17/00 LESSEE:
Can/R. Gravee
C~ty Ammey
CITY OF KENAI
210 FidaJ(]o Avenue
Suite 2OO
Kenm. Alaska 99611-7794
(SOT) 282-?S2S x22S
FAX (907) 283-3014
ARTICLE XI
Waiver of Default
Any waiver by the City of any default or breach of this Lease shall not
be construed to be a continuing waiver of such default or breach nor
as a waiver or permission, express or implied, of any other
subsequent default or breach.
ARTICLE XlI
Force Majeure
If by reason of strike, lockout, war, rebellion, material or labor
shortage due to a national emergency, fa'e, flood, hurricane or other
casualty, periods of excessive rain, or by any other matter not within
its control, the City or Lessee in good faith and without fault or
neglect on its parts is prevented or delayed in the construction of any
condition except as relates to rental payments or the maintenance of
insurance which, under the terms of this Lease, it is required to do so
perform within a specified period of time, the period of time within
which such performance was to have been completed shall be
extended by a period of time equal to that of such delay or prevention,
and the City or Lessee, as the case may be, shall not be deemed to be
in default if it diligently performs and completes such work or
covenant or condition in the manner required by the terms of this
Lease within the specified period of time as so extended.
ARTICLE XIII
General Clauses
A. All references to the parties to this Lease and all
covenants, conditions and lease agreements of this Lease shall apply
to and be binding upon the City and Lessee and their respective heirs,
executors, administrators, legal representatives, successors and
assigns (when assignment is made in accord with the provisions
hereof} as if they were in each case fully named and stated. In this
Lease both the City and Lessee are referred to in the singular and
neuter gender. However, such words and all other terms and words
used in this Lease regardless of the number and gender in which they
are used, shall be deemed and construed to include any other number
(singular or plural} and any other gender, masculine, feminine or
neuter, as the sense of the writing herein may require, the same as if
such words had been fully and properly written in the required
number and gender.
Bar Lease Page 8 of 11 LESSOR:
2/17/00 LESSEE:
)
C~ R.
CITY OF KENAI
210 F'~l~go Avenue
Kenl4, ~ 99611.7794
(9o7) ;~3-7535 x225
FAX (907) 283-3014
B. All notices to the City shall be sent by certified or
registered mail addressed to the Airport Manager, Kenai Municipal
Airport, 305 N. Willow, Suite 200, Kenai, Alaska, 99611-7792, or at
such other address as-the-City may from time to. time designate by
written notice to the Lessee.
All notices to Lessee shall be sent by certified or
registered mail to 43187 K-Beach Road, Soldotna, Alaska, 99669, or
at such other address as Lessee may from time to time designate by
written notice to. the City.
C. This Lease is made under the applicable laws of the State
of Alaska, and if any term, clause, provision, part or portion of thi~
Lease shall be adjudged invalid or illegal for any reason, the validity of
any other part or portion of this Lease shall not be affected thereby
and such invalid or illegal term, clause, provision, part or portion
shall be deleted and ignored as if the same had not been written.
D. Venue for any dispute arising out of this Lease shall be in
the trial courts for the State of Alaska, Third Judicial District at
Kenai.
E. This Lease may be altered, modified, or amended only by
written instruments signed by Lessee and the City and approved by
the City Council of the City.
F. Termination of this agreement by the Lessee without
cause shall cause the Lessee to be liable to the City for any losses or
costs incurred in addition to any other damages provided by law.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be signed and sealed the day and year first above
written.
LESSOR:
CITY OF KENAI
By:
Richard A. Ross
City Manager
Bar Lease Page 9 of 11 LESSOR:
2/17/00 LESSEE:
Ca~ R. Gmvee
Cay Ammey
CITY OF KENAI
2~0 Rda~ Avenue
~ ~ ~11.~
(~ ~7~ ~
P~ (~ 2~14
LESSEE:
INDMDUALLY:
By:
By:
Title
(If Lessee is a Corporation)
ATTEST:
Nal~lC
Title
STATE O F ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of ,2000, Jody
Donaghe, President, Corey, Inc., dba Upper Deck, 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'
Bar Lease Page 10 of 11 LESSOR:
2/17/00 LESSEE:
Ca~ R. Gmve~
CITY OF KENAI
210 ~ Avenue
~ ~ 99611.771M
(9071 ~3-?,~.~ ~225
F~,X (~0~) ~0~ 4
STATE O F ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of
2000, Jody Donaghe, being personally known to me, having produced
satisfactory evidence of identification, appeared before me and
acknowledged the voluntary and authorized execution of the foregoing
instrument.
Notary Public for Alaska
My Commission Expires-
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of
000, RICHARD A. ROSS, City Manager of the City of'Kenai, AlaSka,
eing 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 the City.
Notary Public for Alaska
My Commission Expires'
Approved as to lease form by City Attorney
Approved by Finance Director
Approved by City Manager
Bar Lease Page 11 of 11 LESSOR:
2/17/00 LESSEE:
-I
q:o:~ ,
I
I I
I
KEN. AI MUNICIPAL AIRPORT T__KT.M!NA~. B~
EOUIPMENT LIST
(SUBJECT, TO FINAL INSTALLATION
DU..E TO CONTRAC. TOR' S ,SUBSTITUTIONS
1. Cocktail Serv±ce Station, No. 1
2. Carbonated Drink System, Two Stations
3. Bar ToD Extension Drainboard with Hand Sink
4. Glass Washer & SloD Sink
5. Three ComDartment Sink, 2~" Deed
6. Filler
7. Cocktail Service Station, No. 2
8. Cash Register, Station No. 1
9. Cash Register, Station No. 2
10. Cash Register Station
11. Refrigerated Back Bar
12. Bottle Beer Section, Right Side
13. Back Bar ToD and DisDlay, Wood Fabrication
14. Ice Machine
15. Wire Shelving-
2~"x36'86", 3 tier (over ice machine)
18"x~2"x86", 5 tier with 10 each "S" CliDs
18"x36"x86 ", 5 tier
16. Beer Cooler
17. Stand and PumDs for Carbonated Drink System
18. Miscellaneous EquiDment -
Cocktail Glass Rack Units
Waitress Storage Box
1 each
1 each
1 each
1 each
i each
I each
i each
i each
i each
1 each
1 each
I each
I each
1 each
1 each
1 each
12 each
1 each
ur View Drive'
~3-3660-"
..
INVENTORY INCLUDED IN SALE ~PPER DECK'
TABLES' 3' Square ......................... 4ea.
3' Round .......................... 4ea.
BOOTHS' 8' Round and Tab les ............... 2ea.
LOUNGE CHAIRS .............................. 28ea.
BAR STOOLS ................................. Ilea.
LARGE SCREEN T.V ................... !ea.
SMALL SCREEN T.V ............................ lea.
CEILING FANS (BRASS) ............ · ............ 3ea.
·
AIRCRAFT PROPELLAR (MAHOGANY) ...... lea.
PICTURES WITH FRAMES'
Maps .............................. 2ea.
Ships ............................. I ea.
Sea Captain ....................... 4ea.
Capt. Cook ........................ 2ea.
Small Mist .......... o ............. !3ea.
SHIP STEERING WHEEL-
Free 'Standing (Brass/Wood) ........ lea.
Small Hanging (Brass) lea.
PHONES ..... (ANTIQUE) ............. '..2ea.
LIGHTED MENU SIGN ........................... lea.
NEON BAR SIGN ............................... lea.
NEON OPEN/CLOSED
LAMPS · Brass
·
Brass
SIGN ....................... lea.
wi th Shades ................. 2ea.
Lantern ..................... 3ea.
SHIP COMPASS ................................ 2ea.
STANDING BINNACLE (BRASS) ................. '.lea.
SEXTON ...................................... I ea.
LEVEL- (BRASS) ........... lea.
· .
SPOTLIGHT (BRASS) ........................... lea.
·
SHIP SPEED LOG (BRASS) 2pieces ............. lea.
SMALL HANGING COMPASS ....... : ........ lea.
SHIP TELESCOPE (BRASS)...' ................... 2ea.
View Drive~
1
INVENTORY INCLUDED IN UPPEK', ECK SALE Cont.
,
FLAG POLE
NCR ( 1896 )
FUNCTIONAL
)PORT HOLES-
CLOCKS' Brass Wall Clock ..................... lea.
Wood Wall Clock .................. ' ... lea.
DIVING HELMET (BRASS) .......................... lea.
ANCHOR (BRASS) ............................... lea.
RATCHET (LARGE BRASS) .......................... ]ea.
gH~P$SBRASS TABLE .............................. 6ea.
COATRACKS. (BRASS) ............................. 2.ea.
MINIATURE SHIPS ................................ 4ea.
3' MINI TUG BOAT ........
....................... ]ea.
(BRASS) .............................. lea.
.
REGISTER (2 DOOR BRASS) ............. ]ea.
DAILY CASH REGISTER ................. !ea.
Small Brass ....................... 3ea.
Large Brass ....................... !ea.
HELMET CLOCK (BRASS) ........................... !ea.
ANTIQUE GOLD SCALE ............................. lea.
BILGE PUMP BRASS (MANUAL) ' · ............. lea.
FIRE EXTINGUISHER (BRASS) ...................... lea.
SIGNS- Hand Carved Wood .................. 3ea.
Lighted 3' x 4' Wood (Bag Area)...lea.
Etched Glass Entrance ............. le~.
Lighted Menu ...................... lea.
Wail Menu ......................... lea.
Free Standing Menu ................ lea.
Stained Glass (Upper Deck) ........ lea.
SPITOON (BRASS) ...........
..................... 2ea.
..
BAR EQUIPMENT-
Bar Blender .......... ' ............. lea.
Coffee Mach.i. ne .......... , .......... lea.
Small Microwave ................... lea.
Large Microwave .................... lea.
A§~ociated Glass'ware. and Utensils
BAR
INVENTORY INCLUDED IN UPPER'~DECK SALE Cont.
EQUIPMENT Cont.'
Electric Food Warmer ........... lea.
Mobile Food Cart ..................... ~ea.
·
Calculator ........................... ]ea.
MIRRORS ·
Back o f
Liquor
WINE OPENER (BRASS)
BATTERY CHARGER AND BATTERIES ....
WINDOW BLINDS ..........................
REMOVABLE TINTED WINDOW' COVERS
CUSTOM HAND BUILT FRONT AND BACK
REMOVABLE BARS ....
EXPOSED MAHAGANY BAR COVER CITY'S
54' OF 2" BRASS RAILING
GLASS HOLDERS (BRASS) ABOVE BAR
ALL REMOVEABLE, PANELIZED MAHOGANY
Bar .......................... 3ea.
Advert isement ................. 4ea.
.... lea.
......... 13ea.
............ 8ea.
PANELIZED AND
EXISTING BARS ....
.... 4ea.
WOODWORK ....
HANGING MERMAID .................................. lea.
STANDING SAILOR .................................. lea.
·
SEAGULLS ON PILINGS .............................. lea.
HANGING STAR AND PORT LIGHTS ..................... ~ea.
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 90?-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO:
FROM'
DATE:
RE'
Mayor and Council Members
Carol L. Freas, City Clerk
City of Kenai ~
February 24,
APPEAL OF PLANNING & ZONING COMMISSION APPROVAL OF
ENCROACHMENT PERI~T PZO0-02 FOR 11'10 CHANNEL WAY (LOT $,
BLOCK $, INLET WOODS $~DM$ION), KENAI, ALASKA .. APPEAL
FII.~D BY CITY OF l,~l~J, TtlROUOtt CITY ~~OER RICED A.
ROSS, APPEALING THE SIDE LOT ENCROACHMENT ONLY.
A letter from City Manager Rick Ross was received today, appealing Encroachment
Permit PZ00-02, the side lot encroachment only (copy attached). '
KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides,
(1) The Board of Adjustment shall set a date for and hold a hearing on
all appeals within thirty (30) days of the filing of the appeal. However,
should the thirtieth day fall on a weekend or a municipal holiday, the
hearing may be scheduled for the next following weekday which is not a
municipal holiday under KMC 23.40.020(a1(1)-{101 and (b). Notice of the
time and place of such hearing shall be mailed to all parties interested
and to all property owners within 300 feet of the property involved at
least ten (10) days prior to the hearing.
Please set a Board of Adjustment hearing for the above-referenced matter. The
hearing date limit falls on Monday, March 27, 2000 (actual 30th day is on a Saturday).
However, Ross has requested the hearing date be held until July 19, 2000 to "give the
opportunity to the property owner to cure the encroachment through acquisition and
replatting of property lines." Owners of the property with the encroachment, Steve
and Judy Robinson, have also requested the delay in holding the hearing until July
19, 2000 (copy attached).
*There were comments from council after the last more controversial hearing that
future hearings of more controversial nature should be held separate from council
meeting dates.
clf
Attachments
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
M emoranclum
Date:
To:
Through:
From:
February 24, 2000
Mayor & Council
Carol Freas, City Clerk
,~./
Richard A. Ross, City Manager [~
Appeal of Encroachment Permit- 1110 Channel Way
The City of Kenai, through its Administration, is appealing the decision of the Planning
and Zoning Commission to issue an encroachment permit at the above address. Planning
and Zoning issued an encroachment permit for both side lot and rear lot encroachment of
an accessory building at that location. The City is appealing only the side lot
encroachment.
The Administration is requesting that the City Council set the hearing date for the appeal
on July 19, 2000. This will give the oppommity for the property owner to cure the
encroachment through acquisition and replatting of property lines. Attached is a letter
from the property owners also requesting a delayed hearing date.
Attachment
February 23, 2000
City of Kenai
Board of Adjustment
210 Fidalgo Ave. Suite 200
Kenai, AK 996.11-7794
FEB 232000
-' ,'r LE
.......
We are writing to request an extension of the hearing on an Encroachment
Penmt Appeal by the City. of Kenai, on our Encroachment Permit PZ00-02.
The Planning and Zoning Commission granted this Encroachment Permit at
I 110 Channel Way on January 26, 2000. We would like the Board to delay
the heating on this issue until the July 19, 2000 meeting to allow time for
appraisal, bidding, and sale of the Lot 6, Block 5 property adjacent to our
property, which is Lot 5, Block 5 in the Inlet Woods Subdivision. We hope
this will resolve the Encroachment and Permitting problem.
We have applied for and delivered a good faith deposit cashiers check for
$1000.00 with intention to bid on Lot 6, Block 5 of the Inlet Woods
Subdivision.
S~m~ ~d Judy Robinson
P.O. Box 3589
1110 Channel Way
Kenai, AK 99611-3589
283-7405
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
MARCH 1, 2000
Xe
2 / 23 / 2000 Cook Inlet RCAC, Council Briefs.
February 23, 2000
RCAC
******Remote Cameras Installed Near Nikiski ****************************
A project funded by the Cook Inlet Regional Citizens Advisory Council will provide mariners,
industry regulators, and shipping Company representatives a real time view of the ice conditions in
Cook Inlet.
Two intemet-accessible video cameras have been
installed on a bluff overlooking the Unocal and
Phillips Petroleum docks in Nikiski. The two
cameras are connected to the Interact through a
link set up by the National Weather Service. The
live view from the cameras can been seen at
http://camera, arh.noaa, gov/index.html. In order to
be able to view the images, RealPlayer7 must be
installed. The free sof~vare can be downloaded
directly from the above interact address or from
www.real.com.
One of the cameras has imfi'~ed capabilities and
will provide coverage during periods of low light
and darkness. A special access code that allows the viewer to re-position the cameras will be made
available to marine pilots, vessel captains, Coast Guard officials, and other users of the dock.
The cameras have six settings that provide a full-range view of the Unocal dock and the East
Forelands area of Cook Inlet. The Phillips Petroleum dock is also within range of the cameras.
Remote video cameras will monitor Cook Inlet ice conditions
A third camera has been installed directly on the Unocal dock. This camera will be used to record tide
levels and current flow information. The images from this camera will be recorded on a VCR and will
not be available on the intemet. The information gathered by this camera will be used as a reference
source for any future ice monitoring work.
The cameras are being tested to determine if they can provide accurate and useful information aborn
ice conditions in Cook Inlet and around the docks. Ice has created several problems over the past year
for shippers. In January, docks at Nikiski were damaged when ice forced vessels off the facilities,
breaking mooring lines and damaging catwalks.
The cameras were installed by SeeMore Wildlife Services, under a contract with Cook Inlet RCAC.
The Homer-based company has set up other remote cameras around Alaska, including McNeil River
and Gull Island.
The Cook Inlet cameras will remain in operation through April of this year.
(Back)
****Port Graham Upgrades Oil Spill Response Equipment******************
The Coast Guard recently delivered a 20-ft container of pollution response equipment to the
Kachemak Bay village of Port Grabs. Members of Marine Safety Detachment Kenai coordinated
the move with MSO Anchorage. The impetus for the move came out of a casualty involving a
capsized fishing boat in 1999. The village used all of its limited supply of sorbent boom to protect
the shoreline from the spill of diesel fuel from the
vessel's fuel tank vents. Aware of the situation, MSD
Kenai members identified an available container and
outfitted it with basic response gear and protective
equipment from an existing inventory of equipment
staged in nearby Homer. The Coast Guard and the Port
Graham Village Council entered into a Memorandum of
Understanding that outlines the use, replacement and
disposal of the equipment. Similar MOU's are in place in
St. George and St. Paul, Alaska.
The Port Graham Village Council and local residents
were extremely pleased to have the container staged in t,a Chris tg'oodle presents key to Port Graham Fire
their village. Port Graham has a permanent population of Cnief, Wayne Norman.
around 200 residents and an additional 100 people live in the village during the busy summer fishing
season. It is an active and viable fishing port with a new state-of-the-art cannery and hatchery that
was recently completed to replace the former building that burned in 1998.
******Cook Inlet RCAC Annual Meeting Rescheduled***********************
The Cook Inlet RCAC will hold its annual meeting on Friday, February 25, at the Cook Inlet
Aquaculture Association building in Kenai. The meeting was originally set for February 5, but was
rescheduled due to hazardous weather conditions. The meeting will begin at nine o'clock in the
morning with a presentation on Geographic Response Strategies (GRS) from CIRCAC contractor
Tim R°bertson. He will provide an overview of the GRS process and bring the Council up to date on
the development of GRS documents for twenty-two sites in central Cook Inlet.
The business portion of the annual meeting will begin at ten o'clock. Items on the agenda include:
Public comment
· Seating of board members representing the cities of Homer, Kodiak, and Kenai along with
representatives for commercial fishing organizations, aquaculture associations, and recreational
groups
· Election of board officers for the year 2000
Election/Appointment of committee members
· Annual Report
· Safety of Navigation in Cook Inlet Forum Proceedings
· 2000 budget and committee workplans
******Council and Committee Member Orientation************************
The Cook Inlet RCAC will host an orientation for all Council and Committee members on Saturday,
February 26, at the CIRCAC office in Kenai. The event will be an opportunity for everyone who
works within CIRCAC to familiarize themselves with the policies and procedures of the organization.
The orientation will begin Saturday, February 26, at 10'00 a.m.
Cook Inlet RCAC- 911.) l--lighland Ave.- Kenai, Alaska 99611 -{9('17) 283-7222- tax' (91.)7) 283-611.)2 e-mail:circac(ft:.corecom.net
MAKE 22 PACKETS
COUNCIL PACKET DISTRIBUTION
COUNCIL MEETING DATE:
Mayor and Council
Fire Department
Police Department
Senior Center
Library
Parks & Rec.
Attorney
City Manager
Finance
Public Works
Airport
Engineer
Clerk
Taylor
Springer
Kim
Clarion
AGENDA DISTRIBUTION.
STP
Public Wks. Shop
Bldg. Maintenance
Bldg. Official
Streets
Dock
STP
Official Bulletin Board
Fax by computer to {see Microsoft Fax from printer list; Address Book; Contacts;
A~enda List:
Assembly Members Jon Little (Daily News/Soldotna)
KSRM (Attn: Dan Meeks} KVCC
Bill Iles, HEA KDLL
Kenai Chamber of Commerce EDD
DELIVER
Council Packets to Police Department Dispatch desk.
The Clarion will pick their packet up at City Hall; usually on Mondays. The portion of the
agenda published by the Clarion should be faxed as soon as possible after Noon on packet
day. Home Page documents (agenda, resolutions and ordinances for public hearing) are
saved as HTML files by each department to Clerk's HTML fde. Place them there onto the
city's website from there as soon as possible.
Carol Freas
From.
Sent'
To:
Subject:
Carol Freas [cfreas@ci.kenai.ak.us]
Friday, February 25, 2000 12:39 PM
Deresa (Business Fax)
Kenai City Council Meeting Agenda
Microsoft Word ·
Document7 ohne 11 e--
Please publish the following agenda for the March 1, 2000 Kenai City Council Meeting on
Monday, February 28, 2000. Questions? Call me at 283-8231.
Carol
ITEM B:
ITEM C:
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ITEM G:
ITEM H:
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AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MARCH 1, 2000
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
httl~://www, ci.kenai.ak.us
SCHEDULED PUBLIC COMMENTS (10 minutes)
PUBLIC HEARINGS
Ordinance No. 1850-2000 -- Increasing Estimated Revenues and
Appropriations by $164,065.52 in the General Fund to Pay Outstanding
Taxes and Costs Due on Inlet Woods Subdivision.
Ordinance No. 1851-2000 -- Increasing Estimated Revenues and
Appropriations by $30,000 in the General Fund for the Multi-Purpose
Facility Ice Maintenance Contract.
Ordinance No. 1852-2000--Amending KMC 24.15.010, Entitled
"Regulations" and the Cemetery Regulations.
Ordinance No. 1853-2000 -- Increasing Estimated Revenues and
Appropriations by $44,934 in the Airport Land System Special Revenue
Fund and the Airport Fire Station Capital Project Fund for Engineering.
Resolution No. 2000-6 -- Requesting FY 01 Safe communities FUnding
From the Department of Community and Economic Development.
Resolution No. 2000-7 -- Amending Cash Barner Architects' Design
Architectural & Engineering Services Contract for the Airport Fire Station
and Warm Storage Facility.
OLD BUSINESS
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
Approval-- Assignment of Leases and Assignment of Leases for Security
Purposes/Lot lA, Block 2, General Aviation Apron and Lot 3, Block 1,
General Aviation Apron -- Lofstedts to SOAR International Ministries,
Inc.
Approval -- Kenai Municipal Airport Terminal Bar Lease Agreement --
Jody Donaghe, Corey, Inc. d/b/a Upper Deck.
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Discussion -- Setting of Board of Adjustment Hearing/Appeal of
Planning & Zoning Commission Approval of Encroachment Permit PZ00-
02 for 1110 Channel Way (Lot 5, Block 5, Inlet Woods Subdivision),
Kenai, Alaska-- Appeal Filed by City of Kenai Through City Manager
Richard A. Ross, Appealing the Side Lot Encroachment Only.
EXECUTIVE SESSION- Annual Evaluations of City Manager, City Attorney and City
Clerk.
ITEM K:
ADJOURNMENT
The public is invited to attend and participate. Additional information is available
through the City Clerk's office at 210 Fidalgo Avenue, Suite' 200 or visit our website at
http://www, ci.kenai, ak.us
Carol L. Freas
City Clerk