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HomeMy WebLinkAbout2000-09-20 Council PacketKenai City Council Meeting Packet September 20, 2000 AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER :20, 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' ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) PUBLIC HEARINGS . Ordinance No. 1877-2000 -- Amending KMC 13.30.080 to Include Prohibiting the Operation of Motor Vehicles on the Vegetated Areas of a Portion of the South Shore of the Kenai River and Cook Inlet. e Ordinance No. 1878-2000 -- Amending Various Parts of Title 21 (City Airport and Airport Lands) and title 22 {City-Owned Lands) of the Kenai Municipal Code. . Ordinance No. 1879-2000 -- Increasing Estimated Revenue and Appropriations by $225,000 in the Water and Sewer Fund and the Mission Street Sewer Line Relocation Capital Project Fund. e Resolution No. 2000-55 -- Transferring $5,000 in the Wellhouse No. 4 Capital Project Fund From Construction to Engineering for Additional Engineer/Design Work. , Resolution No. 2000-56 -- Adopting an Alternative Allocation Method for the FY01 Shared Fisheries Business Tax Program and Certifying that this Allocation Method Fairly Represents the Distribution of Significant Effects of Fisheries Business Activity in Cook Inlet. -1- , ITEM D: Resolution No. 2000-57 -- Designating the Kenai Water Quality and Quantity Development Program -- Wellhouse No. 4 With Main Line Tie- Ins -- Phase III Project as the City of Kenai's Number One Overall Capital Improvement Project. COMMISSION/COMMITTEE REPORTS , 2. 3. 4. 5. 6. 7. 8. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Kenai Historic Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Visitors & Convention Bureau Board c. Alaska Municipal League Report ITEM E: MINUTES o *Regular Meeting of September 6, 2000. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS , Approval -- Vacation of a Public Right-of-Way and/or Easement Reserved Under Public Land Order 1216 and Excluded from U.S. Patent Fried in Book 547, Pages 167 and 168, Kenai Recording District, Located in U.S. Survey 1435, Within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska {502 Overland Avenue, Kenai). ITEM H: NEW BUSINESS , Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 . *Ordinance No. 1880-2000 -- Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Library Grant From the State of Alaska. , Approval -- Kenai Municipal Airport Prepaid Calling Card Machine Special Use Permit/Alaska Call Connection. , Approval-- Proposal to Purchase/Lot 3, Block 2, Evergreen Subdivision, Klm Addition -- New Castle Builders. -2- ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -3- Z 0 Suggested by: Council CITY OF KENAI OItDIN~CE NO. 1877-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 13.30.080 TO INCLUDE PROHIBITING THE OPERATION OF MOTOR VEHICLES ON THE VEGETATED AREAS OF A PORTION OF THE SOUTH SHORE OF THE KENAI RIVER AND COOK INLET. WHEREAS, that portions of the south shore of the Kenai River near the mouth of the fiver and adjacent areas of Cook Inlet beach containing vegetated areas are sensitive environmental areas; and WHEREAS, the vegetation, including beach grass, in those areas is necessary to maintain a stable and healthy beach environment; and WHEREAS, the operation of motorized vehicles in those areas causes harm to the plant life necessary to sustain a stable beach and healthy beach environment; and WHEREAS, it is in the best interest of the City of Kenai to prohibit operation of motor vehicles in such areas; and WHEREAS, this ordinance is not intended to restrict motor vehicle operation on or access to the non-vegetated beach areas of the south shore; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that KMC 13.30.080 is amended as appears in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 2000. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 6, 2000 September 20, 2000 October 20, 2000 13.30.080 Operating a vehicle in a prohibited area. (a) North Shore ~ It is unlawful for any person to operate a motorized vehicle in the area indicated on the map appended to this chapter, designated as Appendix I, and made a part thereof, excepting the established roads within the area of beach road and a portion of Spruce Street and further excepting transit of this prohibited area entering or leaving at the designated area at the beach road and directly to the northwest to the westerly boundary of the prohibited area which may be entered or exited only in the tidal area. Public Safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary_ for public sa_feW purposes. [BOUNDED BY THE MOUTH OF THE KENAI RIVER; THENCE NORTHWESTERLY ALONG THE WATERS' EDGE OF MEAN LOW TIDE TO A POINT BEING THE INTERSECTION IN AN IMAGINARY LINE OF THE STRAIGHT LINE EXTENSION OF FOREST DRIVE; THENCE NORTH ALONG THE IMAGINARY EXTENSION WEST OF PROPERTY LINES OF FOREST DRIVE TO THE TOP OF THE BLUFF; THEN ALONG THE TOP OF THE BLUFF EAST TO THE KENAI RIVER,] 2~1 Further, specifically prohibited is the operation of a motor vehicle on any portion of the bluff slope in the area above so designated as prohibited, as is indicated on the map appended to this chapter, designated as Appendix I, and made a part thereof. (B} ~ Operation of motorized vehicles in that portion of the prohibited area southerly and easterly from the east end of Beach Road may be permitted for the purpose of working on beached boats and barges provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance. The City Manager may issue such permit, if he finds it reasonable under the circumstances, for a specified period of time, which may be extended on application showing good cause for such extension. (C) [4} Operation of motorized vehicles in that portion of the prohibited area described in KMC 13.30.080(a) above and entry to such area at a point or points other than at the natural end of Spruce Street may be permitted for the purpose of working on the Sewage Treatment Plant and on utility facilities provided that a permit is secured prior to such operation. Applications for such permits shall be filed with the City Manager or his designated appointee setting forth details as to the work to be performed and the dates of such performance, the areas in which such operations are required, and the point or points of entry required to expedite the work. The City Manager shall condition such permit or permits on repair or reconditioning of the beach area or bluff and may require a bond in such amount and with such terms, with or without cash deposit or other surety, as he may deem advisable to secure such repair or reconditioning or to reimburse the City for damages to the areas concerned. [b} South Shore It is unlawful for any person to operate a motorized vehicle on the vegetated within the area delineated by the map appended to this chapter, designated as Appendix II, and made a part thereof. Public safety (police, fire, ambulance, rescue) vehicles may operate in the prohibited area if necessary_ for public safety purposes. Ordinance No. 1877-2000 Attachment A Page I of I 13.30.080 Operating a vehicle in a prohibited area. Kenai Vegetated Areas Une of Bluff 0.5 0 0.5 1 Niles N S Ordinance No. Appendix I 1877-2000 Suggested by: Administra', .... CITY OF KENAI ORDINANCE NO. 1878-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING VARIOUS PARTS OF TITLE 21 (CITY AIRPORT AND AIRPORT LANDS) AND TITLE 22 (CITY-OWNED LANDSI OF THE KENAI MUNICIPAL CODE. WHEREAS, Titles 21 and 22 of the Kenai Municipal Code deal with City Airport and general fund land systems; and WHEREAS, various sections of Titles 21 and 22 need to be revised and updated; and WHEREAS, it is in the best interest of the City of Kenai to make the following changes to the Kenai Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following code sections are changed as noted below. SF, CTION I 21.10.020 Qualifications of applicants or bidders. An applicant or bidder for a lease is qualified if the applicant or bidder: (a) Is an individual at least nineteen (19) years of age or over; or (b) Is a group, association, or corporation which is authorized to conduct business under the laws of Alaska; or (c) Is acting as an agent for another and has qualified by filing with the City [CLERK] Manager .a proper Power of Attorney or a Letter of Authorization creating such agency. The agent shall represent only (1) one principal to the exclusion of himself. The term "agent" includes real estate brokers and agents. SECTION II 21.10.030 Applications. (a) All applications for lease of lands shall be fried with the City [CLERK] Manager on forms provided by the City available at City Hall. Applications shall be dated on receipt and payment of filing fee and deposit. No application will be accepted by the [CLERK] City Manager unless it appears to the [CLERK] City Manager to be complete. Filing fees are not refundable. (b) With every application, the applicant shall submit a development plan, showing and stating: (1) The purpose of the proposed lease; (2) The use, value, and nature of improvements to be constructed; (3) The type of construction; (4) The dates construction is estimated to commence and be completed (maximum of two (2)years); and, Ordinance No. 1878-2000 Page 2 of 3 (5) Whether intended use complies with the zoning ordinance and comprehensive plan of the City. Applications shall become a part of the lease. SECTION III [21.10.050 CLASSIFICATION PRIOR TO LEASE REQUIRED.] [EXCEPT FOR CONCEPT LEASE APPLICATIONS DESCRIBED IN THE SECTION BELOW, BEFORE ACCEPTING APPLICATIONS TO LEASE LANDS, THE AREA INVOLVED SHALL HAVE FIRST BEEN CLASSIFIED FOR PERMITTED LAND USES AND A LAND USE PLAN OF THE AREA PREPARED AND PUBLICLY POSTED IN'THE CITY HALL OFFICES. THE LAND USE PLAN SHALL BE PREPARED BY THE CITY PLANNING COMMISSION AND APPROVED BY THE COUNCIL PRIOR TO POSTING. THE AVAILABILITY OF CONCEPT LEASES SHALL BE MADE KNOWN IN THE POSTING.] SECTION IV 21.10.060 Processing procedure. (b) The City Council shall normally consider a lease proposal only after approval of the Planning and Zoning Commission. However, appeals of Planning and Zoning Commission disapproval may be made to the City Council. Completed lease[S] [SIGNED BY APPLICANT] applications must be presented to the City Council within thirty (30) days after approval by the Planning and Zoning Commission. SECTION V 21.10.140 Lease execution. The lease applicant shall execute and return the appropriate lease agreement with the City of Kenai within [FOURTEEN] thirty (30) days of mailing the agreement to said applicant. The lease agreement shall be prepared in accordance with the requirements of this title. Failure to execute and return the lease agreement within the specified period shall result in the forfeiture of all leasing rights. SECTION VI 22.05.040 Sale procedure. (h) Conveyance of City lands shall be by quit claim or warranty deed furnished by the City, and buyers are advised that all such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or deeds by which the City received title to the land. Ordinance No. 1878-2000 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September 2000. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 6, 2000 September 20, 2000 October 20, 2000 Suggested by: Administration City of Kenai ORDINANCE NO. 1879-:2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUE AND APPROPRIATIONS BY $225,000 IN THE WATER AND SEWER FUND AND THE MISSION STREET SEWER LINE RELOCATION CAPITAL PROJECT FUND. WHEREAS, the Mission Street sewer line is threatened by erosion of the Kenai River bluff; and WHEREAS, the line needs to be relocated; and WHEREAS, the cost of the project including engineering and inspections is estimated to be $225,000; and WHEREAS, funds for the project are available in the fund balance of the Water and Sewer Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenue and appropriations be increased as follows: Section 1' Water and Sewer Fund Increase Estimated Revenues' Appropriation of Fund Balance $225,000 Increase Appropriations' Sewer - Transfer to Capital Project Fund $225____~,000 Section 2: Mission Street Sewer Line Relocation Capital Proiect Fund Increase Estimated Revenues' Transfer from Sewer Fund $225.000 Increase Appropriations- Administration Engineering, Design, Inspection Construction 1,000 24,000 200,000 $225:000 Ordinance 1879-2000 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6~h day of September, 2000. ATTEST: JOHN J. WILLIAM S, MAYO R Carol L. Freas, City Clerk Introduced: Adopted: Effective: September 6, 2000 September 20, 2000 September 20, 2000 Approved by Finance' (8/31/2000) jl MEMORANDUM 'CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-263-3014 ~ TO' Rick Ross, City Manager FROM: Keith Kornelis, Public Works Manager DATE' SUBJECT: September 15, 2000 Mission Street Sewer Relocation - Ordinance 1879-2000 The sewer main on Mission Street west of Main Street is very close to falling off the bluff. This lO-inch AC sewer main flows half full since it collects sewage from a large area. See attached maps. After consulting with the design engineer and property owners, it was decided to bore a new sewer main parallel to the existing one as close as possible to the three buildings on Mission. Advantages over other options include least capital cost, could be done quicker, and lower future maintenance cost. We would like to change this project to installing a lift station at Main Street and Riverview Drive and directing the sewage back to a pressure sewer main on Cook (away from the bluff). The advantages include this being a better long-term solution (further away from the eroding bluff) and no property right-of-way or easement problems. One of the property owners feels an easement across his property for the original boring solution would make it harder for him to sell his property, which is up for sale now. Taking everything under consideration, a lift station at Main and Riverview to direct the sewerage back to Cook away from the bluff is our recommended solution. Ordinance No. 1879-2000 appropriates the funding to do this. KK/jet i , I "' ... : · /i.. \ . i - H229V / / ,/ / .,' /..- / / / /' · ,,' /. / ~"~' HSI6v. ~1265 _ 5 ~o~ ~ '~ ~ V12-43- ct---- ........ Z H220 H219V -.~lv ' d __ TRACT 2 ..'- II 14 __ 13 ~ 12 :.-,] : :: ' CG -6. ?O-A C $ 4 , 6AC$4 C G - 54~! ---,~ I 6 ' 5 /''q -7 Suggested by: Administration City of Kenai ~OLU?ION NO. 2000-55 A RESOLUTION TRANSFERRING $5,000 IN THE WELLHOUSE #4 CAPITAL PROJECT FUND FROM CONSTRUCTION TO ENGINEERING FOR ADDITIONAL ENGINEERING/DESIGN WORK. WHEREAS, it is in the best interest of the City of Kenai to perform additional testing of the new test well; and WHEREAS, additional engineering/design work is needed to facilitate this testing; and WHEREAS, funds are available in the construction account of the Wellhouse #4 Capital Project Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Wellhouse #4 Capital Proiect Fund From: Construction $5,000 To: Engineering $5,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 2000. JOHN. J. WILLIAM S, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance~~ (9 / 06 / 2000) jl Suggested by: Administration City of Kenai RESOLUTION NO. :2000-56 A RESOLUTION ADOPTING AN ALTERNATIVE ALLOCATION METHOD FOR THE FY01 SHARED FISHERIES BUSINESS TAX PROGRAM AND CERTIFYING THAT THIS ALLOCATION METHOD FAIRLY REPRESENTS THE DISTRIBUTION OF SIGNIFICANT EFFECTS OF FISHERIES BUSINESS ACTIVITY IN COOK INLET. WHEREAS, AS 29.60.450 requires that for a municipality to participate in the FY01 Shared Fisheries Business Tax Program, the municipality must demonstrate to the Department of Community and Economic Development that the municipality suffered significant effects during calendar year 1999 from fisheries business activities; and WHEREAS, 3 AAC 134.060 provides for the allocation of available program funding to eligible municipalities located within fisheries management areas specified by the Department of Community and Economic Development; and WHEREAS, 3 AAC 134.070 provides for the use, at the discretion of the Department of Community and Economic Development, of alternative allocation methods which may be used within fisheries management areas if all eligible municipalities within.the area agree to use the method, and the method incorporates some measure of the relative significant effect of fisheries business activity on the respective municipalities in the area; and WHEREAS, the City Council of the City of Kenai proposes to use an alternative allocation method for allocation of FY01 funding available within Cook Inlet in agreement with all other municipalities in this area participating in the FY01 Shared Fisheries Business Tax Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that by this resolution certifies that the following alternative allocation method fairly represents the distribution of significant effects during 1999 of fisheries business activity in Cook Inlet. Alternative Allocation Method: The program total allocation shall be divided in two parts. One part shall be allocated to the eligible municipalities equally and the other part according to population. Resolution No. 2000-56 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (9 / 07 / 2000) jl Suggested by: Adminis CITY OF KENAI RESOLUTION NO. 2000-57 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING THE KENAI WATER QUALITY AND QUANTITY DEVELOPMENT PROGRAM - WELL HOUSE NO. 4 WITH MAIN LINE TIE-INS - PHASE III PROJECT AS THE CITY OF KENAI'S NUMBER ONE OVERALL CAPITAL IMPROVEMENT PROJECT. WHEREAS, input for the top priority capital project was solicited from the Kenai City Council, City Administration, and citizens of the City of Kenai; and WHEREAS, this resolution will be used with the ADEC SFY 02 Questionnaire for the ADEC Municipal Matching Grant Program; and Capital Budget WHEREAS, this Well House No. 4 would improve the volume of water into our water system and help in Fire Department training and the Fire Safety Program for the city; and WHEREAS, a public meeting was held concerning designating the city's top Capital Improvement Project and this Resolution; and WHEREAS, the Council of the City of Kenai, after receiving and analyzing the input from all sources and after discussion and deliberation, has decided to list this project as the city's number one project; and WHEREAS, the Mayor and the Council of the City of Kenai pledge their affirmative vote for the maintenance and operational costs associated with this project. NOW, THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, designate the Kenai Water Quality and Quantity Development Program - Well House No. 4 with Main Line Tie-ins- Phase III Project as the City's number one overall Capital Improvement Project. PASSED BY THE September, 2000. COUNCIL OF THE CITY OF KENAI, ALASIC~, this 20th day of ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: :,J~;Z KENAI HARBOR COMMISSION MEETING SEPTEMBER 11, 2000 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' ITEM 2: ITEM 3: ITEM 4' ITEM 5' ITEM 6' ITEM 7: a. ITEM 8' ITEM 9' ITEM 10: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL. APPROVAL OF MINUTES -- August 7, 2000. PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion -- Commercial Fish Disaster Discussion -- KPB Coastal Project Excavation of Material/Snu§ Harbor Seafoods -- Ramp Construction to Allow Seasonal Removal of Floatin§ Dock. REPORTS Director Dock Foreman City Council Liaison Scrapbook Information COMMISSIONER COMMENTS/QUESTIONS INFORMATION Kenai City Council Action Agendas of August 2 and 16, 2000. Updated Harbor Commission Membership List ADJOURNMENT. KENAI HARBOR COMMISSION MEETING SEPTEMBER 11, 2000 KENAI COUNCIL CHAMBERS 7:00 P.M. ITEM 1' CALL TO ORDER & ROLL CALL Vice Chair Thompson called the meeting to order at approximately 7'03 p.m. and the roll was taken as follows: Present' Absent: Others Present: Eldridge, Rogers, Peters, Spracher, Thompson and O'Reilly (arrived at 7:16 p.m.) Jahrig City Clerk Freas, Councilman Bookey and Public Works Manager Komelis ITEM 2' AGENDA APPROVAL MOTION: Commissioner Eldridge MOVED to approve the agenda as presented and Commissioner Peters SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- August 7, 2000. Commissioner Peters corrected her email address to be bluffnet(~_~ptialaska.net. MOTION: Commissioner Spracher MOVED to approve the minutes as corrected and Commissioner Eldridge SECONDED the motion. There were no objections. ORDERED. SO Vice Chair Thompson welcomed newly appointed Chuck Rogers to the commission. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5- OLD BUSINESS-- None. ITEM 6' NEW BUSINESS 6-a. Discussion -- Commercial Fish Disaster Komelis. reported the City Council passed a resolution supporting the Kenai Peninsula Borough's Declaration of Disaster. Councilman Bookey noted it would now be up to the State to make funds available which he thought would be in the form of low interest loans for processors and fishers affected by the very low returns during the past year's fishing season. When asked if he foresaw any additional closures of processors as result of the fishing season, Bookey answered he thought it was too early to know. Discussion-- KPB Coastal Project Excavation of Material/Snug Harbor Seafoods -- Ramp Construction to Allow Seasonal Removal of Floating Dock. The Commission reviewed the application of Snug Harbor Seafoods which was included in the packet. It was noted, no action or recommendations were needed at this time as the application would first be reviewed by the Kenai River Center, the Borough and the Corps of Engineers. Komelis noted, the item would return to the Commission for review after the Corps' review as he believed it would require a Corps permit and public input will be requested. The item is to be returned to the Commission for comment upon receiving the copy of the Corps permit application. ITEM 7: REPORTS Director -- Komelis reported the following: The dock had a new water system installed which helped with the quality of the water during the summer. The system was now being emptied for the winter. The remaining floats will be removed in the next three or four weeks. A financial report for the dock would be before the Commission at their October meeting. 7-b. Dock Foreman -- No report. City Council Liaison -- Councilman Bookey reported the following: · The City's auditor gave the financial report at the September 6 meeting and stated the City was doing fine. The auditor also reported the City would be required to do their audit in a new form which will require depreciating of the streets, buildings, equipment, etc. and would be more expensive to do. · The Health Center was under construction and Zubeck, Inc. was awarded the bid for the Kenai Airport ARFF/SRE Facility site work. · The State project to repave the Spur Highway to the north is to begin this fall. · The second council meeting in October was moved from October 18 to October 19 due to the Alaska Day holiday. · Dr. Zirul is building a new clinic on the property in front of the Senior Center and should be completed in the next three months. The NAPA building is also under construction. Discussion followed regarding the coastal trail/bluff erosion project. It was noted, the bill before Congress that would include funding for the project may be held up and if so, the funding would be lost. Eldridge asked if Petratrovich, Nottingham & Drage had been requested to seek alternate funding for the project. Bookey explained the I-L~RBOR COMMISSION MEETING MINUTES SEPTEMBER 11, 2000 PAGE 2 congressional funding was the only viable method of funding from the beginning. added, he believed there could be council support to appropriate $450,000 for the engineering of the project if no other funding was available. That way, the design would be ready for construction if funding would become available. He 7-d. Scrapbook Information -- Commissioner Peters explained the purpose of the scrapbook to the new members and requested all the commissioners to continue forwarding articles, pictures, etc. having to do with bluff erosion to her for inclusion in the scrapbook. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Bookey-- Welcomed the new members to the commission. Eldridge -- Reported he would be out-of-state until December and would miss the next several Commission meetings. O'Reilly -- Reported the ARFF Facility would be offering their first marine fire training session in October. He added, the program had been approved by the Coast Guard. ITEM 9: INFORMATION Kenai City Council Action Agendas of August 2 and 16, 2000. Updated Harbor Commission Membership List ITEM 10: ADJOURNMENT MOTION: Commissioner Peters MOVED for adjournment and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:31 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk HARBOR COMMISSION MEETING MINUTES SEPTEMBER 11, 2000 PAGE 3 KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM SEPTEMBER 5, 2000 7:30 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MINUTES -- June 6, 2000 and August 1, 2000 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5- REPORTS Director Friends of the Library City Council Liaison ITEM 6' OLD BUSINESS ITEM 7: NEW BUSINESS Discussion -- Library Volunteers ITEM 8: COMMISSIONER COMMENTS/~.UESTIONS ITEM 9' INFO~TION a. Kenai City Council Action Agendas of August 2 and 16, 2000. ITEM 10: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM SEPTEMBER 5, 2000 7:30 P.M. CHAIR BOB PETERS, PRESIDING ITEM 1' CALL TO ORDER/l~ ROLL CALL Chairman Peters called the meeting to order at 7'35 p.m. The roll was taken as follows' Present: Absent: Others Present: Heus, Brown, Peters, Brenckle, and Amen Rodes, Forbes Librarian jankowska, Councilman Moore, Emily Deforest, Cory Hall, and Contract Secretary Kellerby ITEM 2' AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Brown SECONDED the motion. There were no objections. ORDERED. SO ITEM 3' APPROVAL OF MINUTES.-- June 6, 2000 and August 1, 2000 MOTION: Commissioner BroWn MOVED to approve the minutes of the June 6, 2000 meeting with the following amendments to items in the Director's report' "WebPac which will be accessible via the library web page and their domain name will be www.kenailibrar¥.or_~.'; upgrades which will allow the better operation of the library computer catalogue."; "They have received a grant for $4,790 from the State Library to be used for training"; and, "technology plan that the Commission accepted." Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. There was no August 1, 2000 meeting because there was no quorum. ITEM 4' PERSONS SCHEDULED TO BE HEARD -- None ITEM 5. REPORTS 5-a. Director - Director Jankowska reported the server was upgraded in August during two days the Library was closed. During that time, a new ADA compliant gate was installed at the Library as well. Jankowska also reported the library will be closed September 12 and 13. Cory Hall passed out a brochure entitled "Prime Time Family Reading Time" which is a free family reading program for families with children ages six and older which will be offered at the Library from September 25~October 30. She noted, the program is a unique six to eight-week program of reading, discussion, and storytelling. Mike Morgan will be the discussion leader and Carol Ford, the storyteller. The award- winning children's books to be reviewed will introduce fairy tales and folk tales from around the world, stories about problems children encounter, and tales from history told for children. She explained, this is a pilot program and the only one in Alaska. They are expecting 12-20 children for the program and they have to return the books when the program is over. 5-b. Friends of the Library - Commissioner Brown reported Megan O'Neill joined the Friends Board of Directors and added, the President of the Board is Lorrie Carter, Vice President is Emily Deforest, and Secretary is Paul Turner. She explained they agreed for them to be on three-year terms and they will draw lots for one, two, and three year terms. She also reported that they are selling 300 raffle tickets at $100 each and the purchase will include a dinner for two and the proceeds will be used for a future library expansion. The dinners will be offered on September 28 and 29 and the raffle's first prize will be $7,500. 5-c. City Council Liaison - Councilman Moore reported the next Council meeting will be held September 6. ITEM 6: OLD BUSINESS- None ITEM 7: NEW BUSINESS Discussion -- Library Volunteers Director Jankowska expressed that library volunteers are very important because they do not have enough staff to run the library efficiently. It was suggested to put "Volunteers Wanted" on the web page and there was discussion for DeForest to train volunteers to boost the volunteer program. ITEM 8: ,, COMMISSIONER COMMENTS/OUESTIONS Chair Peters commented on the web site that Director Jankowska showed them at the August 1 meeting. Commissioner Brenckle, along with other members welcomed KCHS student Katherine Amen who was recently appointed to fill the vacant Library Commission seat. Commissioner Heus commented on a Scholastic Books competition in which Alaska was not recognized as part of the continental United States and the controversy over this. KENAI LIBRARY COMMISSION MEETING SEPTEMBER 5, 2000 PAGE 2 ITEM 9' II~ORMATION Kenai City Council Action Agendas of August 2'and 16, 2000. ITEM 10' MOTION: ADJOURNMENT Commissioner Brown MOVED to adjourn and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. The meeting was adjourned at 8'40 P.M. Minutes transcribed and prepared by: Susan Kellerby, Contract Secretary LIBRARY COMMISSION MEETING .MINt,TES MARCH 7. 2000 PAGE ;~ KENAI PARKS/h RECREATION COMMISSION SEPTEMBER 7, 2000 CITY HALL COUNCIL CHAMBERS 7:00 P.M. ITEM 1' ITEM 2' ITEM 3- ITEM 4: ITEM 5' ITEM 6- ITEM 7- C. ITEM 8: ITEM 9' ITEM 10: ITEM 11' AGENDA CALL TO ORDER Ih ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES - August 3, 2000 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion -- Sidewalk Additions / Leif Hansen Memorial Park REPORTS Commission Chair Director 1. Multi-Purpose Ice Rental Fees 2. East End Trails 3. ARPA & NRPA Conferences 4. Kenai Municipal Park City Council Liaison COMMISSIONER QUESTIONS/h COMMENTS PERSONS PRESENT NOT SCHEDULED TO BE HEARD INFORMATION Council Action Agendas of August 2 and 16, 2000. Beautification Committee Minutes of August 8, 2000. ADJOURNMENT KENAI PARKS ~ RECREATION COMMISSION SEPTEMBER 7, 2000 CITY HALL COUNCIL CHAMBERS 7:00 P.M. ITEM 1' CALL TO ORDER/h ROLL CALL Vice Chair Sandahl called the meeting to order at approximately 7:02 p.m. and the roll was called as follows: Present: Absent: Others Present: Baxter, Wisniewski, Sandahl and Castimore. Gifford arrived at approximately 7'04 p.m. Hultberg City Clerk Freas, Parks Director Frates, and Councilman Frazer ITEM 2: AGENDA APPROVAL There were no changes to the agenda and it was approved as presented. ITEM 3' APPROVAL OF MINUTES. - August 3, 2000 There were no changes to the minutes and they were accepted as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None. ITEM 5- OLD BUSINESS-- None. ITEM 6- NEW BUSINESS 6-a. Discussion -- Sidewalk Additions/Leif Hansen Memorial Park Frates explained all the sidewalk spaces at the Park had been sold and the Commission had been requested to discuss a design for additional sidewalks that could be added to the Park in the Spring. He noted, costs for additional sidewalks had been included in the Parks budget requests, but were removed by Administration. At that time, Parks was requested to track the amount of requests for spaces and bring back during budget hearings. Since then, all the spaces had been sold. Councilwoman Swarner requested the matter be brought to council earlier so that construction might start in the Spring prior to the new budget year if possible. Commissioners reviewed the original suggested sidewalk design which was included in the packet. Proposed future sidewalks were noted on the map. Frates explained Mayor Williams had also suggested building a wall with memory bricks which could be purchased and inscribed. Also that the Beautification Committee had discussed adding points of interest on the perimeter of the Park and a memory wall might achieve that closure. He added, it had been suggested a memory wall could be placed toward Louie's and sidewalk added out from the anchor to the wall and then incorporated back at a point into the existing sidewalk. Frates also noted the Beautification Committee members were concerned that too many items at that side of the Park might make it look cluttered. Frates requested Commission members to visit the Park and note ideas they might have for additional sidewalk design, keeping in mind what the area might look like in 30 years, and bring those ideas back for the next meeting. Clerk Freas explained the landscaper noted additional sidewalk plaque spaces should be placed far enough apart to allow for root growth like the original sidewalk spaces had been designed. She also explained she had received comments over the years from people who were interested in purchasing a space at the Park but couldn't because of the cost. The memory bricks could offer an alternative. A lengthy discussion followed during which Commissioners stated their desire to place additional sidewalks and consider placing the wall. Other suggestions included a large memorial where names could be added like some war memorial designs; cutting more spaces in the existing sidewalks where plaques could be placed without purchasing a planting; and consider not placing as many trees on the Frontage Road side of the Park if new sidewalks are placed in front of the gazebo, making it more of a formal entrance into the Park. It was also noted Epperheimer has done some granite engraving. Frates noted he was awaiting receipt of brick information from the company who was doing the tile work at the Challenger Center. ITEM 7: REPORTS 7-a. Commission Chair-- No report. 7-b. Director-- Frates reported the following: · Rental fees at the multi-purpose facility would be increased according to a letter received from the LLC (a copy was included in the packet). · Mayor Williams will offer a proclamation to the employees of Phillips who worked on the East End Trail as their community project. · He will be attending the ARPA conference in Seward. · Work will continue in Municipal Park when the wild land fire crew returns in the next week. Beetle killed trees will be removed. Frates added, he walked through the Park with the Borough's expert who noted approximately 50-60% of the trees in the Park were infected with the Spruce Bark Beetle. · Sam Steiner, a junior at KCHS, was appointed to the Commission. · Laidlaw (school bus transportation company) has agreed to make the Recreation Center a regular bus stop. Students will have the opportunity, with parental permission, to get off the bus at the Center and take advantage of activities at the Center. If enough students use the service, the Teen Center might be opened earlier in the day. · The Teen Center has been offered as a meeting place for young people interested in developing a skateboard park in Kenai. Frates added, he believed the youngsters should have a lot of the responsibility in gathering information, doing cost analyses, researching available property, developing a design, etc. He hoped by budget time, the enthusiasts will be able to make a presentation to council. PARKS & RECREATION COMMISSION MEETING MINUTES SEPTEMBER 7, 2000 PAGE 2 7-c. City Council Liaison -- Councilman Frazer reported the following: · The Kenai Well No. 4 project is moving forward with two test wells drilled and good water was found. An additional $16,000 was appropriated to develop the wells for quality and quantity of water. · The bid was awarded to raise the entryway roof at the Semor Center. The roof is being raised to accommodate both the new senior bus and snow removal equipment. Council passed a resolution supporting the Borough's Declaration of Disaster in regard to the processors and fishers affected by the very low returns during the past year's fishing season. · Stan Pitlo of the Peninsula Clarion gave a presentation regarding effects of e-commerce on sales tax, small businesses, services to municipalities, etc. · The city auditor gave the annual financial statement and reported the city is in good financial shape and is in compliance. · The council donated $750 to sponsor the welcoming reception for the Kenai Peninsula Tourism Marketing Council's state conference to be held in Kenai. ITEM 8: COMMISSIONER QUESTIONS/h COMMENTS Gifford -- Inquired about the following items: · The "Welcome to Kenai" sign at the intersection of Bridge Access and Kalifomsky Beach Road. She was referred to Public Works Manager Komehs. * The progress of the rock memorial for Alaska homesteaders. Frates reported the matter was being held until the new sidewalk design was developed for Memorial Park. · When will the pries of wood be removed at the East End Trail. Frates reported they would be burned or chipped in early winter. Baxter -- Reported the Oilers had received calls from users of the playground equipment which had been removed from the property beside Oiler Park and asked if new equipment would be placed there in the near future. He added, the Oilers would like to know if there would be some way they could help in putting in a park suitable for young people to use in that area. Discussion followed and it was stated there were no plans to place equipment in that area at this time. The Commission and Parks Department were centralizing their efforts in maintaining established city parks. It was suggested the Offers consider purchasing equipment and developing a play area on the Offers Park property and perhaps contacting the Phillips work crew who worked on the East End Trail as they may be interested in malting it a future community project. 'Castimore -- No comments. Wlsniewski -- Reported he rode through East End Trail on his bike and thought it was very nice. He noted it was much more accessible and received a lot more sunlight. PARKS & RECREATION COMMISSION MEETING MINUTES SEPTEMBER 7, 2000 PAGE 3 Wisniewski also noted he asphalted the remaining area of his parking lot because it had been very difficult to water and maintain the grass that had been there. He noted, he believed there is a problem with watering and maintaining the green strips on both sides of Willow Street and suggested the area be paved over and marked similar to what Soldotna had done. Frates suggested Wisniewski speak with Komelis regarding any grant funds that might be available for that type of project. Sandahl-- Stated he believed Memorial Park and Cunningham Park looked really good and liked what was being done to Municipal Park. Frates noted the only problem he saw at Cunningham Park was the discarding of fish waste and suggested signage and maybe a fish waste station might contain the problem. Frates was also asked about flowers for next year and he reported he was gathering price quotes for purchasing the bulk of the flowers and growing a smaller portion of them in the city's greenhouse. Gifford -- Asked if Street banners could be added toward the Carr's area and Frates noted it was probably time to consider doing that. Frates thanked the Castimores for building six new picnic tables for the Parks Department. ITEM 9: PERSONS PRE~EI~IT NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION ., 10-a. 10-b. Council Action Agendas of August 2 and 16, 2000. Beautification Committee Minutes of August 8, 2000. ITEM 11: ADJOURNMENT Commissioner Gifford MOVED to adjourn and Commissioner Wisniewski SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:12 p.m. Min_utes transcribed agd prepared by: Carol L. Frea~sj City Clerk PARKS & RECREATION COMMISSION MEETING MINUTES SEPTEMBER 7, 2000 PAGE 4 AGENDA KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER 6, 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) o Stan Pitlo --"Saving Main Street" / Effect of E-Commerce on Local Economies. . Bill Coghill, Mikunda Cottrell-- Financial Statement Presentation ITEM C: PUBLIC HEARINGS o Resolution No. 2000-49 -- Formally Accepting ADEC Grant No. 47549 From the State of Alaska, Department of Environmental Conservation in the Amount of $25,000 to Study the Feasibility of Installing Water and Sewer Mains Along Bridge Access Road South of the Kenai Spur. . Resolution No. 2000-50 -- Awarding the Bid to Sterchi Construction Co. for the Kenai Senior Center Carport Roof Modifications-2000 Project for the Total Amount of $18,200. , Resolution No. 2000-51 -- Transferring $16,748.80 from Contingency to Improvements Other Than Buildings in the Water Department for a Water Line Extension for a New Fire Hydrant. . Resolution No. 2000-52 -- In Support of the Kenai Peninsula Borough Mayor's Disaster Declaration and Kenai Peninsula Borough Resolution No. 2000-077. -1- o . ITEM D: . 2. 3. 4. 5. 6. 7. 8. ITEM E: . ITEM F: ITEM G: ITEM H: . . . o Resolution No. 2000-53 -- Listing the City's Alaska Department of Community and Economic Development FY 2002 Capital Project Matchin§ Grant Program Projects in Priority for a Request in State Fundin§. Resolution No. 2000-54 -- Transfemng $15,270 in the Water and Sewer Fund for Additional Engineering Design and Inspection for the Mission Street Sewer Line Relocation. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Kenai Historic Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Visitors & Convention Bureau Board c. Alaska Municipal League Report MINUTES *Regular Meeting of August 16, 2000. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase .Orders Exceeding $2,500 *Ordinance No. 1877-2000'-- Amending KMC 13.30.080 to Include Prohibiting the Operation of Motor Vehicles on the Vegetated Areas of a Portion of the South Shore of the Kenai River and Cook Inlet. *Ordinance No. 1878-2000 -- Amending Various Parts of Title 21 (City Airport and Airport Lands) and Title 22 (City-Owned Lands) of the Kenai Municipal Code. *Ordinance No. 1879-2000 -- Increasing Estimated Revenue and Appropriations by $225,000 in the Water and Sewer Fund and the Mission Street Sewer Line Relocation Capital Project Fund. -2- , Approval -- Election Judges for October 3, 2000 City Election. o Approval -- Extension of Special Use Permit/KPB Project Impact Office From September 30, 2000 to March 31,2001. e Approval-- Assignment of Lease/Fine Arts Center from the Kenai Arts and Humanities Council to Peninsula Arts Guild. o Approval-- Security Assignment of Lease/Lot lA, F.B.O. Subdivision, South Addition from Dan O. Pitts to National Bank of Anchorage. 10. Approval--Security Assignment of Lease/Lot 3, Block 1, Gusty Subdivision, from L&M Ventures, Inc. and Michael J. Lott, Natasha L. Lott and Nina Marion to First National Bank of Anchorage. 11. 12. Approval-- Renewal of FAA Lease for Runway Alignment Indicator Lights {RAIL}, Medium Approach Lighting System (MALS), and 25-Foot Easement for Buffed High Voltage Cable. Approval-- Vacation of a Public Right-of-Way and/or Easement Reserved Under Public Land Order 1216 and Excluded from U.S. Patent Filed in Book 547, Pages 167 and 168, Kenai Recording District, Located in U.S. Survey 1435, Within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska {502 Overland Avenue, Kenai). 13. Discussion -- October 18, 2000 Council Meeting Date Change. ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -3- KENAI CITY COUNCIL- REGULAR MEETING SEPTEMBER t5, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www. ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRF.~IDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7'02 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL , ,, Roll was taken by the City Clerk. Porter, Bannock and Frazer. Present were: Williams, Bookey, Swarner, Moore, A-3. AGENDA APPROVAL , , Mayor Williams requested the following changes to the agenda: H-14, Approval, Change Order No. 1 to Kraxberger Drilling For Kenai Well No. 4 Well Test and Production Contract/S16,250 and heard after Item B-2. MOVE: I-1, Kenai Peninsula Tourism Marketing Council Representative regarding September Conference/request for donation to be heard after B-2. MOTION: Councilwoman Swamer MOVED for approve of the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED for approval of the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 2 B-1. Stan Pitlo -- "Saving Main Street" / Effect of E-Commerce on Local Economies. Pitlo gave an informative presentation on the effects e-commerce is and will have on local economies; how the decrease of sales tax collections will force cuts in services offered in public safety, street maintenance, etc. He noted the Peninsula Clarion would be doing what they can to inform the public of these concerns through articles and an advertisement campaign and would be looking for the city to support their efforts. BREAK TAKEN: 7:25 P.M. BACK TO ORDER: 7:35 P.M. B-2. Bill Coghill, Mikunda Cottrell -- Financial Statement Presentation Coghill reviewed the financial report, management letter and federal/state single audit reports which were distributed at the beginning of the meeting. He noted three changes were noted in the report, i.e. dock facility from an enterprise fund to a special revenue fund, capitalization policy and the Inlet Woods litigation settlement. In regard to procedures on city grants, the audit report states there were no findings or exceptions to the grant standards. He noted a list of the state and federal assistance grants in which the city is involved were included in the report. Coghill also reported the management letter recommended the Special Assessment Debt Service Fund be eliminated as the amounts had been paid off. Coghill stated the report noted work needing to be done on fixed asset records, which is needed in regard to the new government accounting procedures being required in the near future which he explained. A lengthy discussion followed and Coghill noted the change in the procedures would not be implemented with the city until June 30, 2003. Both the auditors and city staff are being trained in this new procedure. Finance Director Semmens added, additional help may be needed in order to implement the new procedure and City Manager Ross noted funds now being used for engineering technicians may be diverted for them to help research the information required. Coghill stated the city was in good financial condition. I-1. Myra Arbelovsky, Kenai Peninsula Tourism Marketing Council -- Referred to the letter included in the packet at I-1 and explained the Regional Tourism Conference would be held in the City of Kenai on September 22-23, 2000 and requested the City to sponsor an event related to the conference. MOTION: Councilman Bannock MOVED for the City of Kenai to sponsor the Regional Tourism Conference Welcoming Reception to be held at the Challenger Center for the amount of KENAI CITY COUNCIL MEETING MINUTES SE~EMBER 6, 2000 PAGE 3 $750.00. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. Mayor Williams reminded council of the Challenger Challenge between the City of Kenai council and members of its administration and the City of Soldotna and members of their administration to be held on Friday, September 15. Williams also noted several representatives of the press would be invited to attend as well. BREAK TAKEN: BACK TO ORDER: 8:35 P.M. 9:47 P.M. D-5. Parks/k Recreation Commission -- Williams requested the Commission report be heard at this point in the meeting. Frazer reported the next meeting was scheduled for September 7 at 7'00 p.m. in the council chambers. It was noted the Commission was one member short and Williams referred to the application of Sam Steiner included in the packet. He noted, Steiner, currently a junior at KCHS, was in the audience and he reviewed the information included on the application. There were no objections to Steiner's appointment to the Parks & Recreation Commission. H-14. Approval -- Change Order No. 1/Kraxberger Drilling for Kenai Well No. 4 Well Test and Production Contract -- $16,250. This item was added at the beginning of the meeting. Ross reported good water was found in four zones of the well being drilled. The current project specifications were to look for one aquifer but administration felt it important to maximize the potential of the quality and quantity of the well. Bill Nelson, Wm. Nelson & Associates -- Offered a more in-depth explanation, referring to the information distributed at the beginning of the meeting. He noted there were four zones of good water quality found in the 347 foot test well and screening each zone had been recommended in order to maximize water quantity from the well. Because the aquifers are separated by unsuitable strata, screen blanks would need to be installed between them which would be over the current budget. Nelson explained it had been suggested that a second, shallower test well be drilled adjacent to the deeper well prior to screening the deeper well and cautioned that if it was feasible to tap. into the upper zone, additional funds would be needed for screening in the deeper well. That decision wouldn't be made until all the data is received and council would have the option of not tapping into the deeper well if they so desired. Ross explained, the question was whether the council wanted to go ahead with the change order to get information to make the decision (whether to screen the deeper well) when the engineers make their recommendation. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 4 MOTION: Councilwoman Swamer MOVED to approve Change Order No. 1 for Kenai Well No. 4. Councilwoman Porter SECONDED the motion. Swarner noted she normally doesn't like change orders but felt as much data as possible was needed to provide the necessary information for council to make an educated decision and would support the change order. Bookey stated he was reluctant to have a well at 65 feet and felt approving the change order would help in alleviating the water shortage problems the city experienced during the summer. He added, he would support the change order. VOTE: Williams' Yes Moore: Yes Frazer: Yes Bookey: Porter: Yes Swarner: Yes Bannock: tYes Yes MOTION PASSED UNANIMOUSLY. ITEM C: PUBLIC HEARINGS C-1o Resolution No. 2000-49 -- Formally Accepting ADEC Grant No. 47549 From the State of Alaska, Department of Environmental Conservation in the Amount of $25,000 to Study the Feasibility of Installing Water and Sewer Mains Along Bridge Access Road South of the Kenai Spur. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2000-49 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. There were no public comments. Public Works Director Komelis noted a design for a water line down Bridge Access Road had been prepared several years ago and some of the information was still pertinent. The water/sewer line referred to in the resolution would go as far as the city dock and an EDA grant application was submitted. He added, it was felt there would be a very good possibility the City would receive a $25,000 grant for the project. VOTE: There were no objections. SO ORDERED. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 5 Resolution No. 2000-50 -- Awarding the Bid to Sterchi Construction Co. for the Kenai Senior Center Carport Roof Modifications-2000 Project for the Total Amount of $18,200. MOTION: Councilwoman Porter MOVED for adoption of Resolution No. 2000-50 and Councilwoman Swarner SECONDED the motion. There were no public comments. PUblic Works Manager La Shot explained the roof would be raised 2 ¥~ feet which would give enough clearance for the new senior van and snow removal equipment but would not include an under-the-driveway heating unit. VOTE: There were no objections. SO ORDERED. C-3o Resolution No. 2000-51 -- Transferring $16,748.80 from Contingency to Improvements Other Than Buildings in the Water Department for a Water Line Extension for a New Fire Hydrant. MOTION: Councilman Bannock MOVED for approval of Resolution No. 2000-51 and Councilman Frazer SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-4. Resolution No. 2000-52 -- In Support of the Kenai Peninsula Borough Mayor's Disaster Declaration and Kenai Peninsula Borough Resolution No. 2000-077. MOTION: Councilman Moore MOVED for approval of Resolution No. 2000-52 and requested UNANIMOUS CONSENT and Councilwoman Porter SECONDED the motion. There were no public comments. Councilman Frazer explained he would not oppose the resolution, but felt it was ironic that some people of the fishing community requesting the declaration were also those who called names of city council members KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 6 and the Governor prior to a Kenai Chamber of Commerce meeting several months before. However, because there were many more people of the community who suffered from the low return than those protesting, Frazer said he would support the resolution. Swarner agreed with Frazer and added, she thought it ironic she had not had 'any comments from the fishing community or processors. However, the matter needed to be considered in a wider range than the Kenai Peninsula. She added, the Kenai City Council had always supported the fishing community. Councilman Bannock stated he would support the resolution and emphasized the last whereas which recognized the fishing industry was a valuable part of the local economy; and, those protestors were a small portion of the 7,000 citizens the council represents. VOTE: There were no objections. SO.ORDERED. Resolution No. 2000-53 -- Listing the City's Alaska Department of Community and Economic Development FY 2002 Capital Project Matching Grant Program Projects in Priority for a Request in State Funding. MOTION: Councilwoman Swamer MOVED for approval of Resolution No. 2000-53 and requested UNANIMOUS CONSENT. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-6. Resolution No. 2000-54-- Transfemng $15,270 in the Water and Sewer Fund for Additional Engineering Design and Inspection for the Mission Street Sewer Line Relocation. MOTION: Councilwoman Swamer MOVED for approval of Resolution No. 2000-54 and requested UNANIMOUS CONSENT. Councilman Moore SECONDED the motion. ~NAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 7 There were no public comments. Kornelis explained, administration was trying to expedite moving the line before any further damage takes place and hoped to get the underground work completed by winter. Ross added, the appropriate agencies had been contacted in regard to the line, but no responses had been received. They hoped to stabilize the present line while doing this project. VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Porter reported a meeting was scheduled for next week. D-2. Airport Commission -- Swarner reported the final meeting of the Carpet Committee would be held at 2:00 p.m. at the airport terminal on September 7. She noted, the architect would be attending and would have flooring samples along for review. Swarner also reported the next Commission meeting was scheduled for Thursday, September 14. D-3. Harbor Commission -- Bookey reported the next meeting would be held on September 11. D-4. Library Commission -- Moore stated the Commission met on September 5 and reported the following: · The new member to the Commission, Katherine Amen, was welcomed. The Director reported on the Library's updated website. · The Library Would be closed on September 12 and 13 in order for employees to be trained on the cataloging program. · A presentation was made by Corey Hall regarding the "Prime Time Family Reading Time" grant the Library received. · The Friends of the Library were selling raffle tickets. D-5o Parks/h Recreation Commission -- Heard earlier in the meeting. D-6. Planning/h Zoning Commission -- Bannock reported on the actions taken at the August 23 Commission meeting as follows: · Discussed the possible amendment of junk vehicle ordinance. · A landscape/site plan was approved. Bannock reported a suggestion had been made to modify the landscape/site plan ordinance to allow a large portion of landscape/site plan reviews be done by administration. Because a landscape/site plan is required for building permits of KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 8 $10,000 or more, awaiting approval by the Commission could slow the building process down. He added, if there was an inadequacy in regard to the plan, administration could still forward the plan to the Commission for its review and consideration. Bookey stated he had been through the process and thought Bannock's suggestion be should reviewed, however he did not want to eliminate the process. Porter stated she had discussed the matter with administration and thought it was a good idea. Williams noted council seemed to agree the process needed to be reviewed and streamlined. Bannock reported it had been suggested to him that council give some consideration to developing a residential site plan review board in order to better plan residential areas. During the subsequent discussion, it was determined there was not much interest in developing such a board at this time and that the responsibilities of such a board would be much like those of an active homeowners' association. Comments brought up concerns that the City, when dividing up properties to sell (like the golf course lots), should include covenant provisions for a homeowners' association. D-7. Kenai Historic Commission -- Moore reported the minutes of the August meeting were included in the packet and the next regular meeting was scheduled for September 18. D-8. Miscellaneous Commissions and Committees D-8a. Beautification Committee -- Swarner reported the next meeting would be held on Tuesday, September 12. She noted the Committee was a member short and referred to the application included in the packet which was submitted by Lois Nelson. Swarner recommended Nelson's appointment. There were no objections. D-8b. Kenai Visitors/~ Convention Bureau Board-- Airport Manager Cronkhite noted minutes for the June 20, 2000 meeting were included in the packet. She also reported items discussed at the Board's August meeting, i.e. update to their webpage; change of name from the Kenai Visitors & Convention Bureau to Kenai Convention & Visitors Bureau to align with the standards in the industry (City Attorney Graves had no objection to the change); $1,500 will be forwarded to the college from the Wildlife Art Show receipts; the Photographers' Guild would be holding a reception at the Center on Friday, September 8; and the All-Alaska Juried Art Show would be offered at the Center from September 14 through October 21. D-8c. Alaska Municipal League Report -- Wilhams reported he attended the League meeting in Fairbanks at which the annual platform for the League was discussed, as well as the tax cap ballot measure. ITEM E: MINUTES KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 9 E-X. Regular Meeting of August 16, 2000. Approved by consent agenda. ITEM F: CORRF~PONDENCE-- None. ITEM G: OLD BUSINESS-- None. ITEM H: NEW BUSINESS. H-X. Bills to be Paid, Bills to be Ratified MOTION' Councilwoman Swarner MOVED to pay the bills and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. H-2o Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approve of the purchase orders exceeding $2,500 and Councilwoman Porter SECONDED the motion. Porter asked for an update of using local laundry services for the city departments. Komelis reported there was a good probability the local laundry service would be able to handle the Shop's laundry requirements. There are two firms interested. La Shot reported a purchase order had already been approved for laundry services fOr the Streets Department, however they would consider a local source in the future. VOTE: There were no objections. SO ORDERED. H-3o Ordinance No. 1877-2000 -- Amending KMC 13.30.080 to Include Prohibiting the Operation of Motor Vehicles on the Vegetated Areas of a Portion of the South Shore of the Kenai River and Cook Inlet. Introduced by consent agenda. Ordinance No. 1878-2000 -- Amending Various Parts of Title 21 (City Airport and Airport Lands) and Title 22 {City-Owned Lands) of the Kenai Municipal Code. Introduced by consent agenda. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 10 Ordinance No. 1879-2000 -- Increasing Estimated Revenue and Appropriations by $225,000 in the Water and Sewer Fund and the Mission Street Sewer Line Relocation Capital Project Fund. Introduced by consent agenda. Approval-- Election Judges for October 3, 2000 City Election. Clerk Freas referred to the list of election judges included in the packet. MOTION: Councilwoman Swarner MOVED to appoint the election judges as presented for the October 3 city/borough election and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. H-7o Approval-- Extension of Special Use Permit/KPB Project Impact Office From September 30, 2000 to March 31,2001. Ross referred to Borough Mayor Bagley's letter (included in the packet) which explained the Borough recently learned the Project Impact Program (currently housed at the Fire Training Facility) performance date had been extended to March 31,2001. Bagley requested the special use permit for space at the Fire Training Facility be extended from September 30 to March 31,2001. Ross noted administration's recommendation to extend the permit. MOTION: Councilwoman Porter MOVED to extend the permit from September 30, 2000 to March 31,2001 and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. H-8. Approval -- Assignment of Lease/Fine Arts Center from the Kenai Arts and Humanities Council to Peninsula Arts Guild. Ricky Gease -- President of the Kenai Arts & Humanities Council Board of Directors and Peninsula Art Guild. Gease explained that when the original lease for the Kenai Fine Arts building was signed, the Peninsula Art Guild did not have its 501(c}3 tax status and the Kenai Arts & Humanities Council signed the lease for the Guild. The Guild had since received the non-profit tax status and wanted to now assume the the lease responsibilities for the Arts Center. He noted the Kenai Arts & Humanities Council passed a resolution to transfer the lease for the Arts Center to the Peninsula Art Guild, contingent upon approval of the City of Kenai and were now requesting approval from the city. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 11 MOTION: Councilwoman Swamer MOVED to release the Kenai Arts & Humanities Council of the lease of the Kenai Fine Arts Center and have it assigned to the Kenai Arts Guild, taking effect on September 15, 2000. Councilman Moore SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-9 o Approval -- Security Assignment of Lease/Lot lA, F.B.O. Subdivision, South Addition from Dan O. Pitts to National Bank of Anchorage. It was noted administration had no objections to the security assignment. MOTION: Councilman Frazer MOVED to approve the security assignment of lease as outlined for Lot lA, FBO Subdivision, South Addition and Councilwoman Swarner SECONDED the motion and requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. H-10. Approval --Security Assignment of Lease/Lot 3, Block 1, Gusty Subdivision, from L&M Ventures, Inc. and Michael J. Lott, Natasha L. Lott and Nina Marion to First National Bank of Anchorage. It was noted administration had no objections to the security assignment. MOTION: Councilman Frazer MOVED to approve the security agreement as outlined in the August 28, 2000 memorandum and requested UNANIMOUS CONSENT. Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. H-11. Approval-- Renewal of FAA Lease for Runway Alignment Indicator Lights {RAIL), Medium Approach Lighting System {MALS), and 25-Foot Easement for Buffed High Voltage Cable. MOTION: Councilwoman Swarner MOVED to extend the lease and Councilman Frazer SECONDED the motion. There were no objections. SO ORDERED. H-12. Approval-- Vacation of a Public Right-of-Way and/or Easement Reserved Under Public Land Order 1216 and Excluded from U.S. Patent KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 12 Filed in Book 547, Pages 167 and 168, Kenai Recording District, Located in U.S. Survey 1435, Within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska (502 Overland Avenue, Kenai). Council was referred to the information included in the packet regarding the easement. Public Works Manager La Shot explained the easement was situated on the old Moose Range Headquarters in Old Town. Bookey noted several years prior to the Kenai Natives Association, Inc. (KNA) receiving the headquarters property, the city spoke to the federal government regarding the city not having public access to Overland Drive along the Headquarters property. Council referred to maps included in the packet and it was noted the headquarters' property line extended out into Overland Drive. La Shot stated he was not aware of any changes made in that regard. Council requested administration discuss the matter with KNA representatives prior to their (council) taking action on the easement vacation requested by KNA, understanding it was two different issues, but that the Overland Drive issue also needed to be resolved. Council requested the matter be brought back to council for consideration at the September 20 meeting. H-13. Discussion -- October 18, 2000 Council Meeting Date Change. A memorandum from Clerk Freas was included in the packet which stated there was no set policy to when a meeting should be moved. It was noted the date change was being made to accommodate the Alaska Day holiday on October 18. Council agreed to change the October 18 meeting date to October 19, 2000. H-14. Approval -- Change Order No. 1/Kraxberger Drilling for Kenai Well No. 4 Well. Test and Production Contract-- $16,250. Added at the beginning of the meeting and heard after Item B-2. ITEM I: ,,, ADMINISTRATION REPORTS I-1. Mayor -- Mayor Williams reported the following: · Referred to the Department of Veterans Affairs letter included in the packet and explained area veterans were working with the Alaska VA Healthcare system to develop a community-based outpatient clinic on the Kenai Peninsula. The letter was an update of the effort. · Reminded council and administration of the Challenger Challenge on Friday, September 15 beginning at 6:30 p.m. · Traveled to Palmer with Mike Navarre, Borough Mayor Bagley to discuss a tri-borough support of the proposed gas pipeline to Nikiski. Navarre will be traveling to Ohio to attend the Governor's gas conference. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 13 · Suggested Police Chief Morris and City Manager Ross be city representatives, along with Councilman Bannock to the prison committee. Clerk Freas was asked to inform the Assembly President of this information. · Stated he spoke with several Assembly members who suggested the ten- bed Juvenile Detention Center be designed for 20 beds in order to better serve the community. Ross noted, the number of beds had been discussed extensively by the committee. I-2. City Manager-- Ross reported the following: · Noted the letter to the National Bank of Anchorage included in the packet which informed the bank of a change in city employees authorized to sign city checks. Noted the Foreign Trade Zone application was proceeding. There's a conference in this regard to which a representative from the City and the Borough would be attending. Williams noted Mayor Wuerch (Anchorage) was interested in developing a tri-borough port authority as well. I-3o Attorney-- No report. City Clerk-- No report. Finance Director-- No report 1-6. Public Works Managers Kornelis: · Reported DOT opened bids on the Spur Highway repaving project from Mile 10. to 22. The project is to be held and begun August of 1002. Williams noted, he wanted to speak to the contractor regarding paving of the Challenger parking lot at that time. La Shot: No report. I-7o Airport Manager-- No report. ITEM J: DISCUSSION J-1. Citizens RiCky Gease -- Suggested the city consider that if the city ever has a city income tax, businesses in the city could exempt 25% of their employees' salaries from the tax like is done by the federal government for their employees. J-2. Council Bookey-- No comments. KENAI CITY COUNCIL MEETING MINUTES SEPTEMBER 6, 2000 PAGE 14 Swarner -- · Requested names of council members who suggest ordinances and resolutions be placed on the documents. · Reported it had been suggested to her that informational signs be placed along the Spur Highway noting school locations. Moore -- · Complimented Airport Director Cronkhite on the tree removal program at the cemetery. Cronkhite reported this phase of the cemetery work was completed. She walked through the trees across the street with the Borough's tree expert who believed they could selectively remove infected and susceptible trees and address the tree height issue as well. She added, that property owned privately and the matter would not be addressed until next year. · Complimented the Finance Department on the positive financial report. Porter-- Noted the sewer drain/manhole on Lawton in the area of the high school was caving in. . Bannock-- No comments. Frazer-- No comments. EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 10:41 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk KENAi PENINSULA ICIROUGF! ~ ~_~ ,~ 144 N. BINKLEY SOLDOTNA. ALASKA 99669-7599 l~ :s.'--''- ' - ~ BUSINESS (907) 262-4441 FAX (907)262-1892 ~' :h,~.,,...= ~,,~,. August 29, 2000 DALE BAGLE' MAYOR Kenai City Council 210 Fidalgo, Suite 200 Kenai, Alaska 99611 Dear City Council Members' AU6 30" , ' ' Vacate a public fight-of-way and/or easement reserved under Public Land Order 1216 and excluded from US Patent filed in Book 547 Pages 167 and 168 Kenai Recording District, located in United States Survey 1435, within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File No. 2000-136' KPBPC Resolution 2000-30 In accordance with AS 29.40.140, no vacation of a city fight-of-way and/or easement may be made without the consent of the city council. The Planning Commission approved the referenced vacation subject to staff recommendations at their regularly scheduled August 28, 2000 meeting. Staff's recommendations are included in the minutes. A roll call vote was taken with all Commissioners present voting yes. This petition is being sent to you for your consideration and action. The City Council has 30 days from August 28, 2000 in which to veto the decision of the Planning Commission. If no veto is received bythe Commission within the 30-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. RLB:ria Sincerely, ,Robert L. Bright Planning Director Attachments CC' Rick Segura w/minutes only AGENDA ITEM F. PUBLIC HEARINGS . Vacate a public right-of-way and/or easement reserved under Public Land Order 1216 and excluded from US Patent filed in Book 547 Pages 167 and 168 Kenai Recording District, located in United States Survey 1435, within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File No. 2000- 136; KPBPC Resolution 2000-30 Staff report as read by Max Best. PC Meeting 8/28/2000 Purpose as stated in petition' Not needed for access, originally platted through existing structures, never constructed as a road, right-of-way originally platted as 'visionary' road for the future. Petitioner(s)' Richard Segura for Kenai Natives Association of Kenai, Alaska Public notice appeared in the August 2 and August 9, 2000 issues of the Peninsula Clarion. Eighteen (18) certified mailings were sent to owners of property within 300 feet of the parcels; sixteen (16) of the receipts have been returned. Eleven (11 ) regular mailings were sent to agencies and interested parties; six (6) notices were sent to KPB Departments. Three (3) notices were posted in public locations. The notice and maps were posted on the Borough web site. Statement(s) of non-obiection Homer Electric Association Central Emergency Services noted that the vacation is nOt in their service area. KPB River Center Staff KPB Coastal Zone Management Statements of support The Kenai Planning and Zoning Commission approved the vacation, noting that the vacation would not land lock any parcels, no city utilities or accesses appear to be affected by the vacation, and there are no future road plans which would utilize the right-of-way. Staff discussion When the parcel of land was transferred to the Kenai Natives Association by United States Patent AA-81429 recorded in Book 547 Page 167 Kenai Recording District, a right-of-way easement was excluded from the transfer. This easement had been transferred by quit claim deed to the State of Alaska under the authority of the Alaska Omnibus Act, Public law 86-70, 73 Stat. 141. The only visual representation of this easement which staff could find is attached to the quit claim deed, which references PLO 1216. The only interest which the Borough can vacate is the Borough's interest. If there are underlying interests in this easement, such as the State of Alaska, this action will not vacate their interest. The easement was created by document and, if the vacation is approved, will be vacated by Planning Commission resolution. No changes to the boundary of the parcel will result from this vacation, and the area will not be changed. Findings 1. Sufficient rights-of-way have been dedicated to serve surrounding properties. 2. Per petition, right-of-way easement proposed for vacation is not in use. 3. Per City of Kenai, right-of-way easement proposed for vacation is not in use. 4. Per City of Kenai, right-of-way easement is not needed for future use. KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 28, 2000 MEETING PAGE 3 UNAPPROV":-D MII'.-IU o Aerial photographs indicate improvements are located in or near the easement. No alternative or superior access will be dedicated. Based on findings 1,2, 3 and 4, staff recommends granting the vacation as petitioned. These findings can be tied to the following facts to support the recommendation: That special circumstances or conditions affecting the property have been shown by application; Findings 1, 2, 3 and 4 appear to support this fact. . That the vacation is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; Findings 4 and 5 appear to support this fact. . That the granting of the vacation will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. Findings ~, 2, 3, and 4 appear to support this fact. STAFF RECOMMENDATIONS: Approve vacation of the right-of-way easement as petitioned, subject to: . Filing the Planning Commission Resolution 2000-30 in the appropriate recording district with the petitioner being responsible for the fees. if the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Chairman Hammelman read the rules by which public hearings are conducted and opened the meeting for public comment. Seeing and hearing no one wishing to comment, Chairman Hammelman closed the public hearing and opened discussion among the Commission. MOTION: Commissioner Hensley moved, seconded by Vice Chairman Bryson, to approve the vacation per staff recommendations based on the findings. It was the consensus of the Plat Committee that: Findings 1,2, 3, and 4 applied to Fact 1 (That special circumstances or conditions affecting the property have been shown by application); Findings 4 and 5 applied to Fact 2 (That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title); Findings 1, 2, 3, and 4 applied to Fact 3 (That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated.). Findings 1. Sufficient rights-of-way have been dedicated to serve surrounding properties. 2. Per petition, right-of-way easement proposed for vacation is not in use. 3. Per City of Kenai, right-of-way easement proposed for vacation is not in use. 4. Per City of Kenai, right-of-way easement is not needed for future use. 5. Aerial photographs indicate improvements are located in or near the easement. KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 28, 2000 MEETING PAGE 4 VOTE: The motion passed by unanimous consent. HAMMELMAN YES HOHL YES BRYSON YES JOHNSON ABSENT BAYES YES MARTIN YES BOSCACCI YES SKOGSTAD ABSENT GANNAWAY YES VACANT SEAT HENSLEY YES EIGHT YES TWO ABSENT ONE VACANT SEAT KENAI PENINSULA BOROUGH PLANNING COMMISSION AUGUST 28, 2000 MEETING PAGE 5 KENAI PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2000-30 GRANTING A VACATION OF THE BOROUGH°S INTEREST IN A PUBLIC RIGHT-OF-WAY AND/OR EASEMENT RESERVED UNDER PUBLIC LAND ORDER 1216 AND EXCLUDED FROM US PATENT FILED IN BOOK 547 PAGES 167 AND 168 KENAI RECORDING DISTRICT, LOCATED IN UNITED STATES SURVEY 1435, WITHIN SECTION 6, TOWNSHIP 5 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA WHEREAS, a right-of-way and or easement was excluded from the Patent which transferred land to the Kenai Natives Association; and WHEREAS, a request has been received to vacate the Borough's interest in the public right- of-way and/or easement; and WHEREAS, 20.28.090 authorizes the Planning Commission to grant vacations upon finding of facts which have been shown; and WHEREAS, it has been shown that the easement is not necessary for access now or in the future, that no lots will be denied access by the granting of the vacation, and that granting of the vacation will not be detrimental to the public welfare; and WHEREAS, the City of Kenai Planning and Zoning Commission recommended approval of the vacation; and WHEREAS, the Kenai City Council has not vetoed the vacation as authorized in 20.28.100. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH: Section ,!.. That the Borough's interest in a public right-of-way and/or easement reserved under PLO 1216 and excluded from the US Patent filed in Book 547 Pages 167/168 as interest transferred to the State of Alaska by quit claim deed dated June 30, 1959 is hereby vacated. Section 2. That a copy of a sketch delineating the location of the easement within US Survey 1435 shall be attached to, and made part of this resolution, becoming page 2 of 2. Section 5. That this resolution is void if not recorded in the appropriate Recording District within 90 days of adoption. Section.6. That this resolution becomes effective upon being properly recorded. ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF .... 2000. John Hammelman, Chairperson Planning Commission ATTEST: Mada E. Sweppy Administrative Assistant Relurn m: Kmmi Peninsula Bomug~ ~44 N. Bink~y Kenai Peninmda Boroug~ Planning Comm~ Resolution 2000-30 Page I of 2 94 .. HgnowoB HIWON August 10, 2000 CITY OF KENAi 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 Mar)' Toll, Platting Officer Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, AK 99669-7599 RIGHT-OF-WAY AND/OR EASEMENT VACATION- U.S. SURVEY 1435 Dear Ms. Toll' The City of Kenai Planning & Zoning Commission reviewed and approved the above- referenced vacation at their August 9th meeting. A copy of the minutes and staff comments is attached. M~~ebtschull, AICP Planning & Zoning Administration Attachments' Staff Comments Meeting Minutes CC' Richard Segura, Representative, Kenai Natives Association, 215 Fidalgo Avenue, Suite 101, Kenai, AK 99611 96 STAFF REPORT To: Planning & Zoning Commission Date: July 24, 2000 ii Prepared By: JL/mk GENERAL INFORMATION Applicant: Richard Segura, Representative Kenai Natives Association 21 5 Fidalgo Avenue, Suite 101 Kenai, AK 99611 283-4851 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Right-of-Way and/or Easement Vacation U.S. Survey 1435 502 Overland Avenue · . 04704008 Townsite Historic (TSH) Former Moose Range Refuge Headquarters Medium Density Residential ANALYSIS General Information' Applicant states the reason for vacating is, "Not needed for access, originally platted through existing structures, never constructed a road, right-of-way originally platted as a 'visionary' road for the future." Allowing the vacation would not land-lock any property in the area. City Engineer: No city utilities or accesses appear to be affected by the proposed action. No future road plans require this right-of-way. Building Official: No comment. U.S. Survey 1435- Right-of-Way Vacation RECOMMENDATIONS Page 2 Recommend approval. A ,TTACHMENTS' 1. KPB Notice of Public Hearing 2. Application 3. Ma0s Right-of-Way and/or Easement Vacation, U.S. Survey 1435, 502 Overland Avenue--Application submitted by R/chard Segura, Representative, Kenai Natives Association, 215 Fidal§o Avenue, Suite 101, Kenai, Alaska. MOTION: Commissioner Jackman MOVED to approve the right-of-way and/or easement vacation, U.S. Survey 1435,502 Overland Avenue and Com_rmssioner Erwin SECONDED the motion. Kebschull noted the City Engineer stated the city did not need the access and recommended approval of the vacation. There were no other comments or questions. VOTE: ,, INord' Yes i Morse: Absent i Jackman- Glick: lYes i, Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 7: PERDING ITEMS-- None. ITEM 8: CODE ENFORCEMENT -- None. ITEM 9' REPORTS 9-a. City Council -- Councilman Frazer referred to the August 2 council meeting action agenda included in the packet and reported the following: · Council approved a $228,000 contract to Zubeck, Inc. to do the groundwork for the airport warm storage facility. · An ordinance to provide local preference in competitive bidding purchases for the City will be up for public hearing at the August 16 council meeting. · Council and some members of administration would be meeting with Lisa Sutherland, Aide to Senator Stevens, at the Challenger Center to discuss potential funding for the coastal 'trail/bluff erosion project, Challenger Center, etc. · Received a new brochure from BP Petroleum regarding natural gas and noted a potential line for receiving the gas was from Fairbanks to Nikiski. The brochure also discussed the gas-to-liquids facility to be built in Nikisld. · Jim Palmer of British Petroleum will be addressing the Kenai Chapter of The Alliance regarding the proposed gas-to-liquids facility. PLANNING & ZONING COMMISSION MEETING AUGUST 9, 2000 PAGE 2 99 MEMORANDUM TO: MARY TOLL, PLATTING OFFICER FROM' ~(~~CHEL ~~, PL~R SUB'CT' TRAILS COMMISSION PLAT REVIEW DATE: 08/09/2000 At their August 3, 2000 meeting, the Trails Commission reviewed the following vacations and preliminary plats' . Petitions to Vacate a. William C. Momson Court (Cooper Landing) b. Barbara Court/Trial Court (Ninilchik) c. Portion of U.S. Survey 1435 (City of Kenai) . Preliminary Plat Reviews a. KPB 2000-115; Troy Hodges Airpark (near Soldotna Airport) b. KPB 2000-116; Kennedy Subdivision, 2000 Addition (offFunny River Road) c. KPB 2000-1'17; Stariski Meadows Replat Lot 1 (Stariski Area) d. KPB 2000-118; Meyer Subdivision (off Cohoe Loop Road) e. KPB 2000-119; Witman Estates, Phase 3 (off Gas Well Road) f. KPB 2000-120; Iola Subdivision No. 2 (City of Kenai) g. KPB 2000-121; Bayview Subdivision No. 9 (City of Homer) h. KPB 2000-122; Bayview Subdivision No. 10 (City of Homer) i. KPB 2000-123; Greenwings No. 8 (off East End Road) j. KPB 2000-124; Aldered Estate (offNorth Fork Road) k. KPB 2000-099; Meeks House Lot (City of Kenai) 1. KPB 2000-130; Tulin Skyline Highland (off Skyline Drive) m. KPB 2000-131; Irons Subdivision, Tom and Annie Replat (north of Soldotna) n. KPB 2000-132; Karluk Reef Addition No. 3 (offKalifomsky Beach Road) o. KPB 2000-133; Bolstridge Addition No. 4 (Sterling) p. KPB 2000-134; Smokyhill Terrace, Throop Replat (Ninilchik) q. KPB 2000-137; Wes Warren Sub, Ranch Addition No. 3 (offHolt Road) r. KPB 2000-138; Glen View Sub, Nelson Replat (Longmere Lake) The Trails Commission unanimously passed a motion requesting that for KPB 2000-117, Troy l-Iodges Airport plat, the property owner extend Oehler Road to allow trail access fi'om the adjacent municipal property, if possible. The Trails Commission also expressed concern about access to Lot 3B under KPB 2000-138, Glen View Subdivision, Nelson Replat. Thank you for your consideration of these matters. 100 PENINSULA CLARION ICENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate the Borough's interest in a right-of-way in the City of Kenai. Area under consideration is described as follows: Location and reque.s.t: Vacate a public right-of-way and/or easement reserved under Public Land Order 1216 and excluded from US Patent filed in Book 547 Pages 167 and 168 Kenai Recording District, located in United States Survey 1435, within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File No. 2000-136 Purpose as stated in petition: Not needed for access, originally platted through existing structures, never constructed a road, fight-of-way originally platted as 'visionary' road for the future. Petitioner(s): Richard Segura, representative for Kenai Native Association of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Moncl , .... ~ August 28, 2000, commencing at 7:30 p.m., or as soon thereafter as business ~,,.,,,,,,:~. Meeting to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a wdtten statement to the attention of Mary Toll or Max Best, Kenai Peninsula Borough Planning Department- 144 N. Binkley Street- Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, August 16, 2000 [Written comments may also be sent by Fax to 907-262-8618]. If the Planning Commission approves the vacation, the Assembly of the Kenai Peninsula Borough or the appropriate City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or Max Best, Resource Planning DePar~ent, 262- 4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Mary Toll, Platting Officer PUBLISH 2X (Wednesdays August 2 and 9. 2000) HEA REQUESTED EASEMENTS DATE ~' ! 7'/4~' CENTRAL EMERGENCY SERVICE5 PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate the Borough's interest in a right-of-way in the City of Kenai. Area under consideration is described as follows' Location and reauest: Vacate a public right-of-way and/or easement reserved under Public Land Order 1216 and excluded from US Patent filed in Book 547 Pages 167 and 168 Kenai Recording District, located in United States Survey 1435, within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File No. 2000-136 Purpose as stated in petition' Not needed for access, originally platted through existing structures, never constructed a road, right-of-way originally platted as 'visionary' road for the future. Petitioner(s): Richard Segura, representative for Kenai Native Association of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, August 28, 2000, commencing at 7:30 p.m., or as soon thereafter as business 'permits. Meeting to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Max Best, Kenai Peninsula Borough Planning Department- 144 N. Binkley Street- Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, August 16, 2000 [Written comments may also be sent by Fax to 907-262-8618]. If the Planning Commission approves the vacation, the Assembly of the Kenai Peninsula Borough or the appropriate City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or Max Best, Resource Planning Department, 262- 4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Mary Toll, Platting Officer PUBLISH 2X (Wednesdays August 2 and 9, 2000) 102 KENAI RI VEI~"~Iq-]:~,~ PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate the Borough's interest in a dght-of-way in the City of Kenai. Ama under consideration is described as follows: Location and request: Vacate a public right-of-way and/or easement reserved under Public Land Order 1216 and excluded from US Patent filed in Book 547 Pages 167 and 168 Kenai Recording District, located in United States Survey 1435, within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File No. 2000-136 Purpose as stated in petition: Not needed for access, originally platted through existing structures, never, constructed a road, right-of-way originally platted as 'visionary' road for the future. Petitioner(s): Richard Segura, representative for Kenai Native Association of Kenai; Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, August 28, 2000, commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Max Best, Kenai Peninsula Borough Planning Department- 144 N. Binkley Street- Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, August 16, 2000 [Written. comments may also be sent by Fax to 907-262-8618]. If the Planning Commission approves the vacation, the Assembly of the Kenai Peninsula Borough or the appropdate City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pumuant to Part VI of the Alaska Rules of Appellate Procedure. . ,L , For ~ddition~l information contact M~ry 'roll or M~x 8e~t, Re~oum~ ~l,nning I~p~rtment, 2~2- 444~ (1-800478-4441 toll free within K~n~i ~nin~ul~ Borough). Mary Toll, Platting Officer PUBLISH 2X (Wednesdays August 2 and 9, 2000) 103 PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate the Borough's interest in a right-of-way in the City of Kenai. Area under consideration is described as follows: Location and request: Vacate a public right-of-way and/or easement reserved under Public Land Order 1216 and excluded from US Patent filed in Book 547 Pages 167 and 168 Kenai Recording District, located in United States Survey 1435, within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File No. 2000-136 Purpose as stated in petition: Not needed for access, originally platted through existing structures, never constructed a road, right-of-way originally platted as 'visionary' mad for the future. Petitioner(s): Richard Segura, representative for Kenai Native Association of Kenai, Alaska.' Public hearing will be held by the Kenai Peninsula Borough Planning Commission on ). Monday, August 28, 2000, commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Max Best, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street- Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, August 16, 2000 [Wdtten comments may also be sent by Fax to 907-262-8618]. If the Planning Commission approveS the vacation, the Assembly of the Kenai Peninsula Borough or the appropriate City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. · .~,, · For additional information contact Mary Toll or Max Best, Resource Planning D~partment, 262- 4441 (1-800-478-4441 toll free within Kenai Peninsula Borough). Mary Toll, Platting Officer PUBLISH 2X (Wednesdays August 2 and 9. 2000) 104 COASTAL MANAGEMENT CONSISTENCY REVIEW DATE- TO' FROM: SUBJECT' Mary Toll, Platting Officer Nancy Carver, Research Assistant KPB FILE # TI-{E KPBCMP"STAFF RE~~D Tt-tE ABO~ SUB. CT FOR CONSISTENCY WI~ ~ KENAI (KPBC~) ENFORCEABLE POLICIES' 'INCOi,,~-~'r~NT ib..~.~~~~ I'OLICIES (SEE ATTACHED Ll;-l-l-~) . · CONSISTENT WITH THE ICPBCMP POLICES . . · · ADVISORY: ,,, , OTHER COMMENTS: o 105 Russian Gre~ Mission U.S. SHrVBy L.~t I Lot8 AREA PROPOSED FOR VACATION Game Commi~ US. SiIvly 14~ KENAI 106 =,~e.~' TOYON AL RESERVE H~. // REVISION BLOCKi SUBD. PENINSULA AVE. /i / i '" ' ; ¢00~ AYE. ~ / \~, / ~ ~ , t / / / NORTH I ~~~', KENAI PENINSULA BOROUGH ':!ii!i?!::':' Bi mmmmm-=-~iim'~'immmm~ ~ GI$ OlVlSlO mmmmmmmmmmmmmmmmmI ...... mmmmmmmmmmmmmmmmmml m~mILITV ~m ~EATEO flY. PLANNER mil ~. ' I III i 107 PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate the Borough's interest in a right-of-way in the City of Kenai. Ama under consideration is described as follows: Location and request: Vacate a public right-of-way and/or easement reserved under Public Land Order 1216 and excluded from US Patent filed in Book 547 Pages 167 and 168 Kenai Recording District, located in United States Survey 1435, within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska KPB File No. 2000-136 Purpose as stated in petition: Not needed for access, originally platted through existing structures, never constructed a road, right-of-way originally platted as 'visionary' road for the future. Petitioner(s): Richard Segura, representative for Kenai Native Association of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, August 28, 2000, commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the Borough Administration Building, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Max Best, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street- Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday, August 16, 2000 [Written comments may also be sent by Fax to 907-262-8618]. If the Planning Commission approves the vacation, the Assembly of the Kenai Peninsula Borough or the appropriate City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of the Planning Commissions must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or Max Best, Resource Planning Department, 262- 4441 (1-800-478-4441 toll frae within Kenai Peninsula Borough). Mary Toil, Platting Officer PUBLISH 2X (Wednesdays August 2 and 9, 2000) 108 KENAI PENINSULA BOROUGH PLANNING DEPARTMENT PETITION TO VACATE PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT PUBUC HEAI NG REQUIRED Upon receipt of complete application with fees and all required attachments; a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Dcpan,ncqt at least 30 days prior to the preferred hearing date. By State Statue and Borough Code, the public hearing must be scheduled withiq 60 days of receipt of complete application. [~ Fees - $300 non-refundable fee to help defray costs of advertising public hearing...plat...fees will be in additioq to vacatioq fees. City Advisory Planniqg Co_mmis~on.~ Copy of minutes at which this item was acted on, along with a copy of City StaffRepon. ~lo,'t. td '~r ?/Zf/~a Name of public right-of-way proposed to be vacated is UN-NAMED ; dedicated by plat of NOT DEDICATED BY PLAT Subdivision, filed as Plat No. N/A iq KRD Recording District. BOOK 547 , PAGES 167 & 168 Are there associated utility easements to be vacated? [ ] Yes [Icj No Are easements in use by aqy utility company; if so which? [] Easement for public road or right-of-way as set out in (specify type of document) as recorded in Book ~ Page ~ of the Recording District. (Copy of recorded documeqt inust be submitted with petition) [ ] Section Line Easement. Width of easement must be shown on sketch. [] Submit three copies of plat or map showing area proposed to be vacated. Must not exceed I ! x ! 7 inches in size. lit the case of public right-of-way the sub,nittal must iqclude a sketch showing which parcels the vacated area will be attached to. Proposed alternative dedication is to be show, and labeled on the sketch. Has right-of-way been fully or partially constructed? Is right-of-way used by vehicles/pedestrians/other? Has section line easement been constructed? .Is sectioq line easement being used? Is alternative right-of-way being provided? [ ]Yes IX]No [ ]Yes IX]No [ ] Yes [~] No [ ]Yes IX]No [ ]Yes tX]No The petitioner must provide reasonable justification for the vacation. Reason tbr vacating NOT NEEDED FOR ACCESS. ORIGIINALLY PLATTED THROUGH EXISTING STRUCTURES, NEVER CONSTRUCTED A ROAD, RIGHT-OF-WAY ORIGINALLY PLATTED AS A 'VISIONARY' ROAD FOR THE FUTURE. The petition must be signed (written signature) by owners of majority of the front feet of land fronting pan of right-of-way or sectio[~ line easement proposed to be vacated.x .~~, ust ~l{Jde~~ addres~ ~d legal description of hi~h~r pro~y. Name ~:~NAI NATIVES/~[SSOC.as IX] representative [ ] petitioner Address 215 FIDALGO AVE, STE 101 KENAI, AK 99611 Phone (907) 283-4851 Petitioners: Signature Signature Name Name ' ~~0~ Address Addr~s ~NNIN~ Owner of Owner of ~ '-' ~;~' Z~'~ Signature , Signature Name Name Address Address Owner of Owner nf 109 oo- 13t. f- o . Patent is issued by the ~ STATES, Deparmxent of the Interior. Bureau of ~ Mm~agemen~, 222 West Seventh Avenue. #13, Anchorage, Alaska 99513. as GRANTOR, ~o the Kenai Natives Association. Inc.. 215 Fid~lgo Street, Suite 203. ~ Alaska 99611, as GRANTEE, for lands in the Kenai Reco~g District- Kenai Natives Association, Inc. is entitled to a patent pursuant to Sec. 311(d)(2)(B)(i) of the Kenai Natives Association Equity Act Amendments of 1996, Pub. L. 104-333, 43 U.S.C. 1784 n, and Par. 9(a) of the Agreement for the Purchase, ]~Xchange, and Transfer of Lands Between the Kenai Natives Association, Inc., and the United States of America, dated May 13, 1997, o~' the surface and subsurface estates in the following-described lands: U~q. Survey No. 1435. Con*_~i~i,~; 5.42 acres, as shown on plat of survey accepted April 17, 1923. NOW KNOW YE, that there is, therefore, granted by the UNITED STA~ OF AMERICA, unto the above-named corporation the surface and subsurface estates in the lands described; TO HAVE AND TO HOLD the said estates with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belonging, unto the said corporation, its successors and assigns forever. EXL~IYDING from the lands so granted, any interest tran~e~d to the State of Alaska by the quiu~laim deed dated June 30, 1959, executed by the Secretary of Commerce, under the au~l~ority of the Alaska Om,~ihus Act, Public Law 86-70, 73 Stat. 141, in the following Beginning at corner No. 3, U.S. Survey 1435, thence by metes and S. 46'04' W., 44.5 feet; Northwesterly, 74.1 feet on an arc to the right with a radius of 306.5 feet; ,_. 50- 99- 0046 110 AA-~1429 ~ 011596 · .:. '? - "' ': C · · : ?' °98 DEC 8 pflS~ N. 46' 34' W., 100.0 feet; S. 46'04' W., 10.0 feet; N. 46'34' W., 221.0 feet; Northwe~rly, 206.9 feet on an arc to the right with a radius of 348.3 feet; S. 46'34' E., 584.0 feet to the point of be~g. The area descn~ conteins 0.69 acre. THE GRANT OF THE ABOVE-DESCRIBED LANDS IS $~ TO: I. Valid ~g rights therein, if any, including but not limited to those created by any lease, contract, permit, right-of-way, or eazement, a~d the right of the lessee, contractee, l~rmittee, or grantee to the complete enjoyment of all rights, , privileges, and benefits thereby granted to him. Further, pursuant to Sec. 17(b)(2) of the Alaska Native Claims Settlement Act of December 18, 1971 (A~NCSA), 43 U.S.C. 1601, 1616(bX2), any valid existing right recognized by ANCSA shall continue to have whatever right of access as is now provided for under existing law; and 2. Any easements for existing roads and utilities, as provided in Sec. 311(dX2)(B)(i) of the Kens/Natives Association Equity Act Amendments of 1996, 43 U.S.C. 1784 n. Kena:L Natives Association, Inc. 215 Fidal$o Avenue, Suite 102 Kenai, AX 99611 50 - 99- 0046 , , J 111 DEED KNOW ALL NEN BY THESE PRESENTS that the Sec~etar~ o£ Commerce, United States Department of Con~nerce, Grantor, under and pursuant to the authorlt:- contained in Section 21 of the Act approved by the President on June 25, 1959 (?~ Stat. l~l), does hereby devise, release, and quitclaim unto the State of Alaska, Grantee, its successors and assigns, cubJect to the condition set forth below, all rights, title, and interest of the Depart- ment of Conwnerce in and to all o£ the ~eal properties listed in Schedules A B, and C, attached hereto and made parts he~eoF, which properties are no~..' owned, held, administe~ed, or used by the Department of Con~uerce in connection with the activities o£ the Bureau o£ Public Roads in Alaska, and which said Schedules are mo~e fully identified as follows: Schedule A--Highways, consisting of 60 pages. Schedule B--Improved Real Property, consisting of 5~ pages. ~.. Schedule C--Unimproved Real Property, consisting of 62 pages. TO HAVE AND TO HOLD the promises, together %.~lth all the heredltamentc and appurtenances thereunto belongtug or in any wise appertaining unto the said Grantee, its successors and assigns, forever, subject, however, to thc, condition that If the sald Grantor or the head of any other Federal agency detex~nlnes and publishes notice thereof in the Federal Reglster ~.zlthin 120 days next following the date of thla deed that all or any part of the above premlses or any Interests therein are needed for continued retention in Federal owmershlp for purposes other than or in addltlon to road purposes, the Grantor may enter and texmuinate the estate hereby qultclalmed in those portions of the premlses concerning whlch sald dete.~.~lnatlons are made, by notifying the Governor of the State of Alaska of such termination by regis- tered letter or letters malled within one year next following the date of thls deed. By acceptance of thls deed, the Grantee agrees to the above condition without waiving any ~tghts it may othem0~lse have to refer any dispute to the Claims Connulsston authorized by Section 46 of the Act ap- proved by the President on June 25, 1959 (?3 Stat. l*'&l). IN WITNF~S WHEREOF the Grantor has hereunto set his hand and seal this 30th day of June 1959. /s/ Frederick H. Mueller Acting '~ecretax-y of Commerce " 112 - 2 - UNITED STATES O~ AMERIOA ) DISTRICT OF 00IDMBIA ) I, E.A. Tr~aey , a Nota~ ~bl~c ~n ~d fo~ the Dis~ct of ~o'[~b~a, 'do ~e~b~ ce~~ that on th~s ~th da~ oF June, 1959, befo~ me pe~onall~ appea~ed ~de~lck ~. ~elle~ , being ~o me personally well ~ot.m and 'lmoWn by me to be ~he A6'tln~ Sec~ta~f oF Co~e~oe , and ac~owled~ed that t~e fo~e~o~g ~nst~e~t bea~g dat~' of J~e 30, 1959, was executed by h~ ~n h~ official capac~7 and by authority in h~ vested by law, for the Du~se= and ~nten~u ~ sa~d ~ns~~ent de~c~ibed and set forth, and ac~~led~ed the s~ to be h~ f~e act ~d deed as. ~ct~n~ Witnesu ~ ~nd and seal thi~ ~th day of J~e, 1959. /s/~. A. ~ao7 Notary PubXlc ~y comm~ssion expires 1-1~-61 . .. .. The foregoing propex-ty is hereby accepted by the State of Alaska, through i~ Gove~nor, Hono.~able William A. Egan, State of Alaska William A. Egan STATE OF ALASKA I, Hug~...J..W..ade .... , a Notary Public in and for the said a~ State, hereby certify that W. A. Egan i Il III 11 , *hose name aa Ooverno~ is Sl~ed' to the f~rego~ng"conveyance and who 'is'knOwn tO me, 'acknowledged befor~ me on this day that, being informed of the contents of the convey- ance, he, in his capacity as such Oove~nor of Alaska , executed the same voluntarily on this day. Given under my hand and seal of office this 2nd day of JulT. , 1959. "' ' (SEAL) My co~i~sion expires 4/2~/63 /s/ Hugh J. Wade Notary Public 113 · . Z ~ UJ k- U.I UiI F- IJJ W ~J z 0 0 LU La Z 0 o LU I- n UJ 0 U.I I.l.l >- 0 z (.'3 z 0 I-- I,- zz Will 1.1.1 W t-- I-- mm Will ,,,,, ~ zz n,' 0 n,' uJ -f 0 l/ 0 (.1 z ::3 0 0 1:3 LU o o Z 0 U.I o ,',' e) o 0 m m ~_ m ~ m 0 ~ ~ 0 i-- LU r~ I-- W on w ~ > ~~ o w z ° m z Cl ~ ,~w 5 w < ~~ o u. 0 z >- o~ z -~ n,' w ~ w w n,' w >- 0 Z --J 0 o w ~' w n z C~ o~ n UJ 0 LU u Suggested by: Administration City of Kenai ORDINANCE NO. 1880-2000 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,300 IN THE GENERAL FUND FOR A LIBRARY GRANT FROM THE STATE OF ALASKA. WHEREAS, the City received a $6,300 grant from the State of Alaska; and WHEREAS, the administration' books. s recommendation is to use the money to buy 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: State Grants - Library $6,300 Increase Appropriations: Library- Books $6,300 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of October, 2000. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (9/7/2000) jl Introduced: Adopted: Effective' September 20, 2000 October 4, 2000 October 4, 2000 KENAI MUNICIPAL AIRPO Memorandum To: Richard A. Ross, City Manager From: Rebecca' Cronkhite, Airport Manager;~ Date: September 15, 2000 Re: Special Use Permit-Alaska Call Connection Bids for the Prepaid Calling Card Machine Special Use Permit were opened on September 6, 2000 at 4:00 p.m. This Special Use Permit grants the right to operate and mainm/n a Prepaid Calling Card Machine Concession in the airport terminal building for a period of five (5) years. Three bid packets were given out, however only one party submitted a bid. Alaska Call Connection was the sole bidder. Their bid was for 25% of the monthly gross receipts. Additionally, they propose to install a new machine and lower the rates for customers to under eight cents per minute. Attached is a draft copy of the permit. I fully support the Airport Commission's September 14, 2000 recommendation to Council that this permit be approved as an exclusive use permit, as requested by the Administration. If the proposed permit is approved by the City Council, the document will be executed promptly. Attachment Cc: Mike North, Alaska Call Connection SPECIAL USE PERMIT DATE: The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to' Alaska Call Connection P.O. Box 397 St. George, Utah 84771 hereinafter sometimes referred to as the PERMITI'EE, the right to operate a Prepaid Calling Card Machine at the Kenai Municipal Airport Building for Prepaid Calling Cards only. The Airport Manager shall determine the exact placement after consultation with the PERMITrEE. 1. Term: The term of the Special Use Permit is for 5 years, commencing on the 1st day of October 2000, to the 30th day of September 2005. 2. Rental Payment: The rental specified herein shall be payable as follows: A. Right of entry and occupancy is authorized as the 1 ~t day of October 2000. B. Rental shall be a monthly fee of 25% of gross receipts on a monthly basis for the privilege of conducting the business authorized herein, plus any applicable tax. Ce All payments shall be made monthly within ten (10) days after the end of each month; and shall be accompanied by a separate certified statement showing gross receipts from each of the businesses herein authorized for the month for which payments are made. If any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the CITY by the PERMITrEE and any amount of overpayment by the PERMITI'EE shall be credited against the next monthly payment due the CITY under this agreement. D. The payment shall be made to the City of Kenai, City Administration Building, Kenai, Alaska, or by mailing to the following address: City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611-7794. Special Use Permit Prepaid Calling Card Machine 9112100 Page 1 of 5 E. The City and/or its designated representatives reserve the right to audit Concessionaire's books and records at any time for the purpose of verifying the Gross Revenue. If, as a result of such an audit, it is established by the City that Concessionaire has understated the Gross Revenue received by three (3%) percent or more (after the deductions and exclusions provided for herein), found to be underpaid will be assessed to the concessionaire along with penalty, audit costs, if applicable and interest. 3. Use: The use by the PERMITrEE of the premiSes described above is limited to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable administrative actions of the City of Kenai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. e Regulations: The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai MuniCipal Airport tiffed "Kenai Municipal Airport Regulations", issued in 1976 or any amendments thereto. By signing this Permit, the PERMITrEE acknowledges that he has received a copy of said regulations and has familiarized himself therewith and will comply with the requirements of said regulations. 5. Solicitation: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise not contemplated by this Special Use Permit upon, in, or above airport lands without the written consent of the CITY, is prohibited. 6. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the CITY of the costs of removal plus storage charges of $25.00 per day. Special Use Permit Prepaid Calling Card Machine 9/12/00 Reassignment/Relocation: Should it' be necessary to reassign PERMITrEE to a different area of the airport terminal, the parties agree as follows: It will be the intention of the CITY to give PERMITrEE as much notice in advance as possible of such reassignment. The costs of relocation, including the costs of moving and setting up counter and related facilities, shall be borne by the PERMITI'EE. Should reassignment and relocation be necessary, PERMITrEE shall be provided and afforded equivalent space, in terms of both area and location, as that which it presently occupies, to the extent found feasible by the Airport Manager. Page 2 of 5 Se Service' Permittee will maintain and service in the Kenai Airport Terminal Building a Prepaid Calling Card Machine. Any change of machine, additional machine, or withdrawal of machine may be made only with the written consent of the Airport Manager. The Airport Manager may reject the placement of, or require the removal of any Prepaid Calling Card Machine based on appearance, products offered, or problems with operations. 9. Risks: PERMrrTEE will provide all proper safeguards and shall assume all risks incurred in performing its services hereunder. 10.Hold Harmless' PERMITrEE agrees to save the CITY harmless from all actions, suits, liabilities, or damages resulting from, or arising out of, any acts of commission or omission by the PERMrlWEE, his agents, employees, customers, or invitees, or arising from or out of the PERMITTEE's occupation or use of the premises demised or privileges granted, and to pay all costs connected therewith. 11.Forbearance,: Failure to insist upon a strict compliance with the terms,.conditions, and requirements herein contained, or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 12.Insurance: The PERMITI'EE shall provide proof of insurance coverage on the prepaid calling card machine and its contents. Such insurance coverage shall be in an amount satisfactory to the Airport Manager. 13.Employees' All personnel furnished by Permittee will be employees of Permittee, and Permittee will pay all salaries and employer's expenses of, federal social security taxes, federal and state unemployment taxes, and any similar payroll taxes relating to such employees, and will carry workmen's compensation insurance for such employees. Permittee will be considered for all purposes hereunder an independent contractor, and it will not at any time directly or indirectly act as an agent, servant, or employee of the Permittor, or make any commitments or incur any liabilities on behalf of the Permittor without its express written consent. 14.Unit Maintenance: The PERMITrEE shall be solely responsible for the maintenance and for keeping the unit clean. 15.Disadva_ntaged Business Enterprise Participation: PERMITI'EE (concessionaire) is required to take all necessary and reasonable steps to foster Disadvantaged Business Enterprise participation in its airport concession activities. Special Use Permit Page 3 of 5 Prepaid Calling Card Machine 9/19./00 A. "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 connection with the award or performance of any concession agreement covered by 49 CFR part 23, Subpart F." Be "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." 16.Mutual Cancellation: Permits in good standing may be canceled in whole or part at any time upon mutual written agreement by PERMITI'EE and the City or by the PERMITI'EE upon thirty (30) days PERMITrEE notice. Special Use Permit Prepaid Calling Card Machine 9/12/00 Page 4 of 5 CITY OF KENAI' By: Richard A. Ross City Manager PERMITrEE: By: Name STATE O F ALASKA THIRD JUDICIAL DISTRICT ) )ss ) Title THIS IS TO CERTIFY that on this day of ,2000, RICHARD A. ROSS, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires' STATE O F ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of ,2000, , , (Title), of , being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires' Special Use Permit Prepaid Calling Card Machine 9/12/00 Page 5 of 5 MEMO: CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ TO: FROM: Mayor and Council Richard Ross, City Manager DATE: September 15, 2000 SUBJECT: New Castle Builders Proposal to Purchase Lot 3, Block 2, Evergreen Subdivision, Klm Addition Attached is a proposal to purchase Lot 3, Block 2, Evergreen Subdivision, Kim Addition submitted by Mr. Jerry Stock of New Castle Builders. Mr. Stock is proposing to purchase the lot for $9,500 cash. In 1994, the fair market value of the lots on Evergreen Street was set at $11,000. The lots were offered for sale at that price. They are currently posted with for sale signs at $11,000. Based on soft sales in City lots experienced in the last year, there is no reason to believe the market value of these lots has increased. In 1997, Mr. Stock paid $9500 each in a cash sale for four of these lots. He constructed homes on three of the lots. He plans to build a spec home on the lot he proposes to buy. Does the City Council approve of a cash discount sale for $9500 to Mr. Jerry Stock, DBA New Castle Builders for Lot 3, Block 2, Evergreen Subdivision, Kim Addition? Newcastle Builtlers · . · ,. (907) 283-3233 JERRY ~TOCK 0 KEN^I.COM RECEIVED FROM' PAID FOR' CITY OF KENAI 210 FIDALGO AVENUE, SUITE 200 KENAI, AK 99611.7794 (907) :~8~-7~8 DATE xJ~ 7. ,:_ Lt t. '. DESCRIPTION CASH__._...._ BY: TOTAL AMOUNT PAID F~X NO, 9072628615 ~4EW'$ FtkO.M. TIlE OFI:ICE OF F RAN K MU RKOWS ] For lznmgdiatc Rml~~e: September 1~, 2000 Con~~ Qh,uck ~.ees~~c ,:n' C, mdi 0 (202] 22&-9806; .ti [$01) 288,4-149: []szn~: c.ttu~eesah.ult~nmr~~.~~.g~) / / SEP-18-O0 FRI 18:04 KEN~I PENI~ BORO OLERK _ _~~EP. 1E. 200~ P. g: 4~nM 1~07E~45~S F~× NO, 9072628615 P, 02/02 ~ DC ;OV NO. 9::~ OFF r'. E/F_)g/o02 September 1~, ~000 _ Dy_--rog thc hear/rig proponent~ of ~ the competing gas Also te.s~g at the heanng wet= T.J. Olauthl=, delruty secreia~ in the DepartanenC. .°f ~ James Hoccker. ~ of the Federal Energy at ~c,T:~?~~P~ o.t r2ae. N .a~.Sl~e_ B~z~agh~_ Oa~ g. Carlaon, v/c= pm/dent for Alaska o.rc~~r, an_e. m ~ncnoragc; i<ogcr coop=, ex=cullve ~,.= ~,,~mx-ai ~ ~8oc3~unn oI-Amerina; and Joseph Blotmt, prc~idamt of Uilc~al OlO13al Trade of Sugartand, Texa~. KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN. ACTIVITY- 2t1~t~ OPERATIONS MAY 75 JUNE 210 JULY 283 AUGUST 307 SEPTEMBER 0 OCTOBER 0 TOTAL TO DATE 875 AUTOMATED FUEL FACILITY MONTH GALLONS SALES JUNE 674 $1,752.40 JULY 191 $494.26 AUGUST 1044 $2,715.10 SEPTEMBER 0 $0.00 OCTOBER 0 $0.00 TOTAL 1909 $4,961.76 SLIPS LEASED PRIVATE 10 COMMERCIAL 1 Rev 8/3/99 AUGUST 2000 11,049 i~RAN$~ORTHER. '~ I . "ERA- 10,252 7.21% 92.79% 2000 Monthly Enplanements Month ERA TRANSNORTHERN Monthly Totals 5 Year Average Jan 7,472 387 7,8,59 8,480 Feb 7,715 100 7,815 7,790 Mar 7,536 121 7,657 9,048 Apr 6,287 122 6,409 8,039 May 7,001 530 7,531 8,829 Jun 8,432 654 9,086 10,552 Jul 11,825 911 12,736 13,673 Aug 10,252 797 11,049 12,096 Sep 0 0 0 9,709 Oct 0 0 0 9,628 Nov 0 0 0 9,492 Dec 0 0 0 8,771 Totals 66,520 3,622 70,142 116,107 ~ i Transnorthern Aviation started service December 11th, 1 999. ::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .......... : ......... :1: ..... 1:::_:..._:.~ ........... :::::::::::::::::::::::::::::::::::::::::::::::: .11..._:~::~:::~ ...... ::..::: ......... :::::::::::::::::::::::: .... INFORMATION ITEMS KENAI CITY COUNCIL MEETING SEPTEMBER 20, 2000 o 9 / 13 / 2000 Public Works Project Status Report , 9/11/2000 Snug Harbor Seafoods, Inc. letter regarding the KPB disaster declaration. . 9/21/2000 Kenai River Special Management Area meeting agenda and minutes of 5 / 11 / 2000 meeting. o 9/1/2000 Kenai Peninsula Borough Project Impact Update. . 9 / 7 / 2000 Cook Inlet RCAC, Council Briefs. Project status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp. KK - Keith Kornelis JL- Jack La Shot RS - Robert Springer MK- Marilyn Kebschull Jet- Jan Taylor A/NC/F/ City Contact Project Name SliP A KK 1999 Water System Improvements (WH I & 2 & PH) Status Zubeck, Inc. working on punch list items. Project is about 99 percent complete. IISCO is working on controls. A MK Comprehensive Plan $60,000 apPropriated in Capital Project Fund. A JL Contaminated Soils- Shop Report submitted to DEC. A KK A JL Cook/Mission/Upland Intersection & Erik Hansen Scout Park Parking Daubenspeck Environmental Site Assessment Design engineering being done. Test wells installed...Soils samples from wells look good...Sampling bluff ground water...well water samples, OK. JL Kenai AP ARFF/SRE Facility Site Work Building design development continuing...Site work has begun. KK Kenai Coastal Trail Design Concept Reports are complete...City is seeking funding. A JL Maintenance Shop Preliminary plans and specifications complete. KK Mission Bluff W & S Relocation Design engineering being done. Have applied for DEC grant. Ord. appropriating $225,000 - 9/20/00. A JL Multi-Purpose Facility Tarp is to be installed. Working on punchlist. Scoreboard has arrived. A JL New Kenai Health Center Building construction started. Wednesday, September 13, 2000 Page 1 of 2 A/NC/F/ SlgI City Contact KK Project Name STP Expansion/Planning Sewer Flow/GIS Sewer Lines Status Have received DEC Grant... Start late this winter. A JL Underground Storage Tank- Airport Additional monitoring wells and testing complete. Report submitted to ADEC. KK WH 4 Nelson working on design. Kraxberger drilling test wells. MK Title 14 Review Sign Code rewritten by Legal Dept. Review being done by Administration. STIP KK DOT- Bridge Access Pathway Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 00 at $250,000...ROW FFY 01 at $100,000...Constr. FFY 02 at $3,800,000. STIP KK DOT- Forest Drive/Redoubt Bid awarded to Foster Construction. Construction started in July. Working on storm drain & utility relocates along with road subgrade. STIP KK DOT- Spur 10.6- 22.0 DOT to bid in August. DOT agreed to almost all of City's recommendations...Alaska Roadbuilders is unchecked Iow bidder. STIP KK DOT- Unity Trail Pathway Pathway along Kenai Spur from MP 2.8 to 8.1. Design FFY 99 at $200,000...ROW FFY 00 at $100,000...Construction start FFY 00 and complete FFY 01 at $1,700,000. Wednesday, September 13, 2000 Page 2 of 2 PO Box 701 KENAI ALASKA 99611 907.283.6122 907.283.6127 FAX snug@alaska.net September 11, 2000 Mayor and Council Members City of Kenai 210 Fidalgo Suite 200 Kenai, Alaska 99611 I read last weekends Clarion article regarding your disaster declaration, with mixed emotions. Like everyone involved in Cook Inlet salmon, I am grateful for your effo~s, and believe the SBA loan money that may be made available as the result of a disaster declaration would be extremely helpful to both fishers and processors in this area. I am regretful that I was unaware of the declaration being on your agenda last week, or I would have been there to answer any questions you may have had regarding the economics of the 2000 salmon season. If I can be of any assistance, please feel free to call me at 283-6122. Thanks for your cominued interest and efforts on our behalf. Sincerely, Paul Dale President, Snug Harbor Seafoods, Inc. KENAI RIVER Special Management Area "Working together...for the river" *** Meeting Agenda*** Thursday, September 21, 2000 7'00 p.m. City of Soldotna Assembly Chambers I. CALL TO ORDER A. Roll Call B. Approval of 5/11/00 minutes C. Agenda Changes and Approval II. PUBLIC COMMENT III. NEW BUSINESS A. City of Soldotna Restoration Project Summary- Dick Bower, City of Soldotna B. Kenai River 2000 Field Season Report- Suzanne Fisler, Bill Berkhahn C. 2000-2001 Priorities D. Board Vacancies IV. OLD BUSINESS ge A. Boat Wake StudyUpdate B. Commercial Operator Committee Report PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Kenai Area Office, Box 1247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough. KENAI RIVER SPECIAL MANAGEMENT AREA ADVISORY BOARD Thursday, May 11, 2000 7:00 p.m. City of Soldotna Assembly Chambers I. CALL TO ORDER A. Roll Call Chairman Wellman called the meeting to order at 7'10 pm Members Present: Jeff King, Ted Wellman, Jim H. Richardson, Peggy Mullen, Jim Golden, Brannon Ames, Ann Whitmore-Painter, Ken Lancaster, Robin West, Bill Shuster, Lance Trasky, Richard Ross, Deric Marcorelle, Chris Degemes Members Absent' Tim Navarre B. Approval of 4/20/00 minutes The minutes were approved as written. C. Agenda Changes and Approval The agenda was revised. Chris added as Item A. Federal Subsistence Ruling- Potential Impact on Kenai River and asked Robin West to comment. Bill Shuster then added as Item D. Cooper Creek Slumping/Soil Erosion II. PUBLIC COMMENT Herman Fandel suggested putting a user fee on private boats on the fiver. The guides pay a $500 commercial use permit fee and he feels it would be fair for private boat users to pay also. He stated he has two private boats and he would have no trouble paying a user fee. He suggested a $200 fee for the season. He said the public comes in for a week or two and are on fiver until 2 or 3 am with no restrictions. They are congesting the fiver just as much as guides and are less experienced because they don't use it enough. He feels that the public should "foot their end of it". III. NEW BUSINESS Kenai River Special Management Area Advisory Board May 11, 2000 A. Subsistence Ruling- Impact on the Kenai River- Robin West The ramifications of the subsistence ruling for fishing the Kenai River are unknown yet as the Kenai Peninsula has recently been classified as rural. I-Ie said the rural decision came out almost immediately after the 1990 decision of the federal take over of game management. There was an appeal within a couple of months by the Kenaitze folks. So it has been 10 years coming for any action on that with hearings and other legal maneuvers, and this has been a controversial and complicated process. Robin provided a handout regarding this decision and also the media release announcing the Kenai Peninsula is designated asrural. He does not think it will be reversed even with new census data coming out. There has been a stronger support from the Alaska Native Communities for this designation because they see it as the future for Alaska. Their ability to subsist is taken away as areas urbanize and therefore there has been a lot of support for maintaining those kinds of rights. Nothing will happen this regulatory year. There are no new customary and traditional determinations in place and there are no granted seasons. All of the Kenai Peninsula has been determined to be rural by this action but that does not mean each community will get anything. Currently there are two proposals for the Cook Inlet Area regarding fish and comments will be accepted until June 16th. One of them is very broad. Robin read the following: For all fish and shellfish, to establish a customary and traditional use, and no closed season or limits for Kenai Peninsula for fish and shellfish. He feels sure that will not be granted. Robin said one of the things that could happen is the Federal subsistence board could send that back and just say revise it, or suggest something that is more focused. Once the CTD is made then there can be specific requests for seasons and bag limits. The Regional Council will represent the 50 to 60 thousand people on the Kenai Peninsula with varied interests. Robin said he thought something folks could do would be to petition the Federal Subsistence Board due to the unique differences here on the Kenai Peninsula. Bill Shuster asked if there would be separation for Prince William Sound and the Kenai Peninsula. Robin said he was not sure, but he said if he was asking for it he would recommend the separation of the two areas. Some of the common myths about all of this are that Federal public lands that are affected are KNW'R and Chugach National Forest but the ruling does not affect Kenai Fjords National Park because the law exempted that park from subsistence use and that was passed in 1980. It is not a "native" issue. There will not be given a preference to native folks over non-native in this system. It is a community-based issue, not individually based, nor economic or racial. Jim Golden asked what happens to new residents in rural areas that do not have CTD of the resource? Robin said it is community based. You become a resident of the State by the same requirements to get a fishing license, which is 1 year. Kenai ~ver Special Management Area Advisory Board May ~i, 2060 Chris asked how the Regional councils make customary and traditional determination (CTD). Robin said the board has a staff committee that does all that work. The highest hurdle is the rural determination. It will not be difficult to. have a CTD determination in any of the Kenai Peninsula communities. Jeff asked if anyone could make proposals. Robin said it is a very open process and they will get all kinds of proposals good and bad. Jeff said that could be a weakness because a lot of time the background information is not true, or there may be politics behind it the various requests. Paul Shadura said the deadlines for these last proposals are over and it takes a good year before these things actually play out. He said two proposals were submitted this year that would affect next summer, and then another proposal time will be open in the spring of 2001. Takes a long time for these proposals to go through. Robin finalized by saying that dual management of fish and game is not in the best interest of the resources. B. Kenai River User Fees Chris said some of the questions brought up last month generated a requeSt that she provide a briefing for the board. She gave some background on the Kenai River user fees. It was based upon Management Plan revision meetings held in 1996-97 in Anchorage and Soldotna on fiver recreation on how we might fund changes we wanted. Examples are increased law enforcement; improved education of fiver users; improved access for fiver users; improved restoration projects. One of the components of that plan was financial. Chris referred board members to the KRCMP on page 86 and 87, and provided a copy of that part of the plan. Revenues derived from a user fee need to be allocated for the purposes the Kenai River was established for, which is protection of the fish and wildlife resources and habitat and providing for recreation opportunities and managing the commercial activities on the fiver. Secondly the money should be raised from all users of the fiver, not just guides, but private boat users, bank anglers or scenic floaters. Chris said that was a common theme in the public meetings. The amount of the fee should be based on the level of resource use or impacts created by the various user groups. Chris said it would be a challenge to figure out that level. Third, monies should be allocated for protection and preservation of the Kenai River's fish and wildlife resources and habitat. Chris said it was very clear the majority of folks felt everybody has to pay some part of the cost to manage the fiver and if a fee is paid, it should stay on the fiver. Chris said there are still concems about dedicated funds. Alternatives suggested would be to work with the Kenai Peninsula Borough and the cities and other Kenai River Special Management Area Advisory Board May 11,200'0 ' entities to direct monies to other locations for use on the fiver. Do we want to implement this recommendation of the KRCMP and identify the task that needs to be done to achieve that? Chris said she is bringing this up now so the board can think about it over the summer. She suggested lobbying folks who will be running for office this next fall and get their support. DPOR does not have the authority to impose the fee of this nature on users. Chris said another question came up last month was about fees people are already paying on the fiver, i.e. boat launch and day use fees. What would be the likelihood they would be paying twice for fiver use? And how much are they paying? Chris provided the board with a sheet outlining the fees collected on the Kenai River from 1999. Chris said the fees have been in place since the late 80s. She posed the questions about do we want to continue with this discussion and take the steps necessary to identify who would be subject to the fee, how we would implement the fee, and what process would be used to remm fees to the fiver. Chris said there are a lot of users who do not use the state park facilities to access the fiver who are having an impact by their bank angling or boat wakes. Chris then fielded a few questions and comments. Chairman Ted Wellman asked the board to keep their user fee thoughts at hand and discuss this issue more after the summer season. Ce Seward Highway MP 8-18 Project Bill Shuster reminded the board that at the last minute he brought up the subject of the DOT highway reconstruction project along the Seward Highway at Mile 8-18. This segment of the highway parallels the Snow River, which is a major tributary of the Kenai River just above Kenai Lake. The staging area for this project is in a gravel pit on private land and the amount of material that they have in that gravel pit is significant; everything from gravel material to culverts to heavy equipment. This is an area that floods eVery time the Snow River Jokulhlaup (glacial lake outburst floods) occurs. This event breaks loose every 2 to 3 years between late July and November. The amount of water that is released is dependent on how much water is in the lake. A glacier blocks the lake and every 2 to 3 years there is a sufficient amount of water in the lake that will start a hole in the bottom of the glacier. That gets larger and larger with water going through it and eventually it empties a large part of that lake down the north fork of the Snow River. The amount of water that will come down can also be influenced if there is a rain event at that same time. It is possible to triple or even quadruple depending on how much water is in the lake and whether there is a rain event with it. Bill explained he is Concerned because the equipment stored there would become inundated. Fortunately, this is predictable. Weather Service and USGS have markers in lake that by flying over they can determine the volume in the lake and can predict what kind of flood could occur. It is a progressive type of event where they can say within a couple of days it will peak. Bill said their major concern is that he does not believe the contractors and DOT are prepared for that kind of event. This fall is slated to be the year the Jokulhlaup will break loose. Kenai River Special Management Area Advisory Board May 11, 2000 Bill recommends the board write a letter.to DOT recommending they have an emergency plan in place. He said it would be simple to do but they need to put some thought in that. It would be most appropriate for a letter to come from this board as a body concerned about the potential threat to the fiver. MOTION' SHUSTER MADE THE MOTION TO SEND A LETTER TO D.O.T. PEGGY MULLEN SECONDED. VOTE ON MOTION TO SEND LETTER TO D.O.T. MOTION PASSED: UNANIMOUS WITHOUT OBJECTION After some discussion the letter will be written emphatically with a request for reply within 30 days. The letter will be sent to D.O.T. and to the contractor. D. Cooper Creek Slope Failure Bill said during one the interagency field trips of the Sterling Highway reconstruction fi'om Mile 38 to 45 there was discussion of being able to close an area that has been used informally by boaters at Cooper Creek directly upstream of the bridge where there has been sediment coming into that creek. The thought was to close that informal boat launch with some riprap that D.O.T. said they would be willing to provide for this project. Bill said in the Kenai River Comp Plan it discusses the intent to close some of these informal boat launches. Bill said when they looked at the site they found that the sediment problem there is considerably more that what was thought. It is not necessarily due to boat launchers. There is a large hillside to the east of that area which has been failing and causing quite a bit of material to come down the hill ending up in Cooper Creek. The Forest geologist, Dave Blanchet, developed a report on what he believes to be. the source for the problem. The cause of' this may be a natural event or the result of hydraulic mining that took place in the early 1900s. USFS will have field trip May 17~ with a geologist to come and look at it. Regardless of the reason of the erosion there is a significant contribution of sediment into the creek, which is only 50 feet from the Kenai River. They will look to see if there are some solutions to that. Suzarme said the other thing to look at long term is there is enough silt coming out of there that it is burying the riparian vegetation. Maybe in a discussion about rocking off the launch people would still be able to get in there and carry car top kayaks and canoes. She also said a discussion of replanting some of that area along where we have lost that riverbank and try to re-establish some of that vegetation to slow that down. Chris asked if there should be board action or resolution. Bill said not at this time. This was added to the agenda as an informational issue for now. Kenai River Special Management Area Advisory Board May 11, 2000 IV. OLD BUSINESS A. City of Kenai Coastal Trail Project Update - Rick Ross Rick said he has a very short update and said there have been a couple of public hearings since the presentation to the board. Agencies have given their comments. They are going after funds to do construction design and environmental engineering of the project. Soldotna has Waived all fights to access and the City of Kenai appreciated that. B. Boat Wake Study Update- Lance Trasky and Chris Degernes Lance said they sent out the latest draft of the proposal from the Corps of Engineers to everyone. They also distributed the draft Fish & Game/Corps funding agreement. Ther~ · were some additional questions on the proposal that Dr. Maynard provided to F&G. He is going to do both maximum wake height and the planning wake heights in both Johnson Lake and the Kenai River. It is down to four hulls, two different motors. The questions that remain are when you start adding up all the different tests done Dr. Maynard added it up to 492. F&G added it up to 750, which mean more time and more money. That will need to be resolved. With the time and money involved Lance said we could not deal with all kinds of boat and motor combination. Lance said Chris would work on operations portion; how many people to work on it, how long, generators, and a place for them to stage equipment. As far as USGS they will not be able to conduct any back erosion studies in conjunction with the tests in the fiver this summer. Lance will keep the board members informed. Jim Golden said it is his understanding the boats will be provided by an outside source, motors, and equipment and support staff. He asked, would that really cost $250 to $300 for each test. He said it seems like a lot of money for a few yards long. Lance said there will be about 600 tests and that it is quite costly due to federal overhead, which is quite high, and the use of federal PhDs. Chris said it includes'the report that will be produced later. Lance mentioned the report would probably discussed telephonically as Dr. Maynard does not fly and the report will not be ready until fall. Chris said the boat wake study will occur at Johnson Lake between July 23~a and 28th; then it will move to the Kenai River August 1~ through 3fa. Lance said there will be a wakeless boat in the study that somebody wants to test and hopefully there will be time for that. He invited board members to come down and see the operation in progress. Paul Shadura asked if this would be video taped. Gary Leipitz said the original study was video taped and agreed that is a good idea. Kenai River Special Management Area Advisory Board May 11, 2000 V. PUBLIC COMMENT Herman Fandel said he talked to Brace Koffier about three weeks ago and he has a lot of interest in this study. He built an 18-foot boat and has run a number of trial runs with it. He is building a 20-foot boat and will complete his trial runs before the Kenai River Classic. Some of the recommendations told to Herman by Brace was that we look at flat bottom boats; to keep it at 18 foot and less than 35 horsepower; to increase on 20 foot boats a maximum of 50 horsepower or whatever it needs to get the boats on step. He recommended a maximum of 20-foot boats be allowed on the fiver and no jet boats allowed on the fiver. Herman said he would like to get Brace Koffier up here to speak to the board. Brace has a lot of interest in the Kenai River. VI. ADJOURNMENT A. Board Comments Paul said that regardless of his personal views on subsistence he feels real concern with this board of not losing anything that we have gained in the last few years in the protection of the Kenai River. This is his number one reason of being here is to protect the fiver and to continue to have areas for the fish to remm to spawn properly. He said the board needs to stay relevant in all the issues. Lance informed the board a special FERC investigator will be here Wednesday to go up the Cooper Lake power house to investigate why Chugach Electric chose to ignore their order regarding a plan for the clean up of PCBs in the plant and that they have removed their equipment to Bernice Lake. Lance will go up with them to see what is going on. Robin invited all to go out and at look at the fishing platforms and trails and walkways at Moose Range Meadows. They are 80% done. Several years back KNWR closed those public easements due to extensive bank damage and social concerns as well as biological concerns. With the flood of 95 there was a loss of some of the easement. Besides the closure another alternative was to provide fishing access with acquiring two parcels. Will have them ready to go next year. The refuge hired a ranger (Brace Bigelow, formerly a ranger with State Parks) and he will have a residence there. Ken said last weeks' Borough meeting in Seward a tributary was added to the habitat protection ordinance. Also Ken finally received a response to his letter about River Terrace via fax and he will send copies to all. He is not pleased with the response. First Commissioner Brown stated that they do know the source. He reminded the board that at the last meeting they said they did not know the source. Secondly Commissioner Brown said the bridge project is not delayed because of the site clean up and that was also a contradiction as they said the work on the bridge would be put off' due to the clean up. Jim Richardson said the board took action on a resolution about endorsing Kenai Mountains/Tumagain Arm National Heritage Corridor project and he mentioned in this Kenai River Special Management Area Advisory Board May 11, 2000 weeks paper it was written it has progressed to Where Senators Stevens and Murkowski introduced a bill into the Senate and he will be going back to testify on that next week. Jeff said the fish are in! He wants to take the opportunity to thank Gary Leipitz for all his hard work and for being a friend of the Kenai River. Bill Shuster told the board Gary LeipitZ left a legacy here on the Kenai Peninsula. A lake was named after him, Leipitz Lake at Quartz Creek Trail site. Ann said there was lots of testimony at the Boro Assembly. Most were fi'om Moose Pass and they were very adamant in their support of the KRSMA lands. The assembly chose to go into executive session Monday of this week regarding it and they will bring it up at their next meetings. B. Date/Agenda of Next Meeting The next board meeting will be September 21~ to be held at the City of Soldotna's Council Chambers. Dedication of the Kenai River Center will be September 14~. ~Kenai River Spe'cial Management Area Advisory Board May 11, 2000'" Kenai Peninsula Borough .' ,~...,.~;~.~:..~; ...... ..~..~..~!~ ~ Project Update As of September :~ 2000 KPB Project Impact has been designated the "Star Community" for Region X, Federal Emergency Management Agency (FEMA). Region X includes the states of Idaho, Washington, Oregon & Alaska. The designation is an honor and will receive national attention at the Project Impact Summit in Washington DC, November 13-16. The enclosed information sheet tells a little about the Summit. More information will be available soon. Check FEMA's website at www.fema.gov for updates. Project Impact partners'are invited to attend. If you plan on attending, please let us know at the Project Office. With additional grant funds from the State of Alaska, Division of Emergency Services, the Kenai Peninsula Borough Project will go until March 3:[,200:[. The coordinator's hours have been reduced to half time. New office hours are: Monday, Wednesday 8 AM - 5 PM Friday 8 AM - Noon Holiday scheduling Will cause variations to these hours. The telephone greeting (907.283.6714) announces the hours and variations. If contact is necessary outside these hours, please use my pa§er number (007) 262-3335. Earthquake Soon we will have the results of a survey on suspended ceilings and lighting fixtures in our school buildings needing upgrades or retrofits. KPB Maintenance Director Don McCIoud, in cooperation with Patrick Hickey and Dave Spence, Kenai Peninsula Borough School District will oversee the work. This is a very exciting opportunity to make schools safer for our kids, teachers and staff. On August 14, approximately 50 custodial staff district wide attended training on post-disaster assessment and non-structural retrofit. The training's working - feedback to our office has been a heightened awareness about non- structural retrofit methods for shelving, files and computers. Flooding Information has been mailed to nearly a hundred homeowners about a matching grant program for retrof~cing primary residences in the flood plain. These homes must have been built prior to the Borough's sign-on to the National Flood Insurance Program. After 1986, building in the flood plain was restricted. Property owners have until September 15 to express interest. The next Flood '~Fogether, we are bu/Id/ng d/saster res/stant commun/ties" Work Group Meeting .is Tuesday, September 19 @ 9 AM at the .new Kenai River Center, located off Funny River Road across from Soldotna Airport. General ~litigation The Earthquake Cottage, owned by the Alaska Division of Emergency Services (ADES), made its debut on the Kenai Peninsula at the Fair in Ninilchik in August. Thanks to Scott Simmons, Nick Stransky and Rob Willis from ADES and KPB Project Impact volunteers Tom Sokolowski (Tsunami Warning Center, US Weather Service)~ Billy Harris (Chief, Nikiski Fire Department and Chair, Local Emergency Planning Committee), Patrick Hickey (Asst. Superintendent Kenai Peninsula Borough School District and Beverly Guyton (Planning Dept., City of Homer) we managed to put approximately 750 people, three people at a time, through the experience in two days. The cottage simulates an earthquake as if the epicenter were directly underneath it. The usual level experienced was between 4.5-6.5 magnitude. People were grateful to have the education. It wasn't surprising that 1964 earthquake survivors generally chose not to experience the simulated quake. The Local Emergency Planning Committee (LEPC) made good use of the new Skyline Display developed by the GM Committee. The LEPC booth was. a sharp looking displays. LEPC members Len Maimquist, Billy Harris, Shirley Warner, Helen Donahue and Office of Emergency IVlanagement staff 3an Henry and Bonnie Hanson handed out balloons to kids and information to their folks. Kenai Peninsula Project Impact was there for Industry Appreciation Days, Saturday, August 26 in Kenai. An estimated 3,000 folks were fed hamburgers, hot dogs and salmon while Mayor Bagley and others recognized and awarded the petroleum, commercial fishing and tourism industries for their support of our communities. Thanks Becky Hutchinson, Alaska USA FCU for helping out with food service. It is a joy to support and appreciate the community businesses and organizations that support us. Wildfire The Wildfire Workgroup continues to meet under the coordination of the Spruce Bark Beetle Coordinator Hike Fastabend. Defensible space neighborhood demonstration projects continue to happen borough wide. The group meets again on September 11, 2:30-4:30 pm, this time.at Central Emergency Services staff training room (comer of Binkley & Sterling Hwy). See you there. are bui/dt~2 d~$ter reset commit/es" rmvl~: t'rojeet Impact :~ummlt AUUU ~agc ~L O~ ~- [ home_ I feedback I !i_bra..ry ! p_rivacy po!i._cy I s_e_arch I site _h_eJp Isle index ] SUMMIT What: Celebrate what Project Impact has accomplished and share wisdom for what's yet to be done to ensure that your community is disaster resistant When: November 12-16, 2000* Where: Marriott Wardman Park Hotel Washington, DC Who Chambers of Commerce Should Elected Officials Attend- City Managers and County Administrators Local Planners and Planning Commissioners Community Risk Managers Building Code Officials Fire Service Personnel Economic Developmem Officials Environmental Officials Small and Large Business Representatives Community-Based and Vohmteer Organizations Teachers and Educators, grades K thru College Media Partners Project Impact Community Coordinators Local Emergency Managers State Emergency Managers *More specific agenda details will be announced soon.., keep checking this website! Summit 99 Summary Questions or Commems: summit.info~,fema..gov http://www.fema, gov/impact/savedate.htm 8/30/00 "PartnerShip strengthens our resistance against and resilience to disasters," .lames Lee Witt, Federal Emergency Management Agency Federal Emergency Management Agency Kenai Peninsula Borough Mayor=s Office Alaska Nitrogen Products LLC Unocal Alaska Resources CRy of Kenai AK Dept. of Mili~ry & Veterans Affairs AK Dept. of Natural Resources AK Division of Emergency Services Cib/of Soldotna City of Homer C~y of Seward Alaska Youth Military Academy Alaska Wildfire Coordinating Group Ni~s~ Fire Department Central Emerger~y Servi~ Central Peninsula General Hospital Homer Volunteer Fire Department Peninsula aarion Alaska Chadux Coq:x:)ra~on Phillips Petroleum Company C(x)k Inlet Regional Citizen AdVisory Council Seward Fire ~ Tesoro Alaska Petroleum KPB Office of Emergency Management KPB Spruce Bark Beetle Task Force U of A Anchorage Mining & Petroleum Training U of A Fairbanks- Cooperative Extension Alaska State Troopers, E ~ment Kenai Peninsula Borough Assembly , Northern Test Lab KSRM R~qdio Soldotna Police Department Kenai Police Department Homer Police ~ Seward Police Department Seldovia Oil Spill Response Team Kmai Peninsula Borough Planning Department KPB Local Emergency Planning Committee Cook Znlet Spill Prevention & Response, inc. Cross Timbers ~ng Company Homer Electric Association Homer News K P Emergency Medical Services Council Freedom Realty Kenai Peninsula Economic Devel~t District Kenai Area Flight Service Center Alaska USA Federal Credit Union American Red Cross Alaska Farming Ventures Kenai Peninsula Chapter of Alaska Blood Bank Nat'l Weather Service Forecasting, Anchorage Solclotna Senior Citizens, Inc. Sterling Area Senior Citizens, Inc. Forget-Me-Not Care Center Kenai Peninsula College Seward Chamber of Commerce Copy Works Kenai National Guard Armory Spenard Builders Supply Trustworthy Hardware uberty Builders Kenai National Wildlife Refuge State Farm Insurance ACS/IVlACtel Kenai Peninsula Borough School ~Dislnct ..-_ .~.,., ..,./ ,,.. Walsh & Shep~rd . ~.-- '~ '" .,-~, First Baptist Church~:b¢5oidotna ':'" ":' Parker Ham Company..~. ,....,. c, -- KenaJ C]qalTil:)er of Commerce ~.~ ~ Soldotna Cl~mber of Commerce .. " Kenai Peninsula Tourism Marketing Council Kenai Peninsula Builders Association Dos Ec~ies of Alaska Ancho~ Daily News MunicJpality of AnctK)rage U.S. Small Business Administration "TogebYer, we are building disaster resistant communitie_¢' Project Impact Kenai Peninsula Borough Office of Emergency Management 144 North Binkley Street Soldotna, Alaska 99669 www. borough, kenai, ak. u s/p roi ecti m pact/ (907) 283-6714 phone John J. Williams Mayor of Kcnai 210 Fidalgo Way. #200 Kenai, AK 99611 September 7, 2000 *******Scientists Complete Environmental Monitoring Field Program********* A team of scientists, including Cook Inlet RCAC science coordinator Susan Saupe, spent the last week of August combing the intertidal area of Cook Inlet for samples of mud, sediment, and clams. The field program is the first phase of CIRCAC's intertidal data collection project. The goal of the long-term project is to create a database that will provide background information about the soft sediment intertidal habitats that surround Cook Inlet. Currently, there is very little intertidal data available for most of central Cook Inlet. The contract for the field program was awarded earlier this summer to Littoral Ecological & Environmental Services (LEES). The LEES team consists of Dennis Lees, Bill Driskell, and Dr. Jim Payne. All three scientists have extensive experience working in Cook Inlet and have collaborated with CIRCAC on prior environmental monitoring projects. Lees and Payne are pictured at right digging for clams and other sentinel species at Tuxedni Bay. The team gathered samples from two dozen sites around Cook Inlet. The areas were selected based on a number of factors, including vulnerability, accessibility, and their importance for biological, commercial, and subsistence productivity. The majority of the sites were located on the west side of Cook Inlet where strong currents will most likely deposit any spilled oil. Several sites, including some on major Cook Inlet shoals, were included in the survey because there are no biological descriptions in the existing literature. However, there have been reports by biologists of shorebird use of the areas. The scientists used a series of low tides to gain access to the intertidal areas. Despite a strong windstorm and some rain, the team was able to accomplish its objectives and gather the required samples. The sites surveyed were' Boulder Point Moose Point Chikaloon Flats Clam Gulch Kasilof Bishops Beach Beluga Area Nikolai Chisik Island North Tuxedni Bay West Forelands, North West Forelands, South Old Cannery Creek (Drift River area) Harriet Point Polly Creek North Redoubt Creek Area Redoubt Creek SE Kalgin Island North Kalgin Shoal NE Kalgin Island South Kalgin Shoal NW Kaigin Island West Kalgin Shoal SW Kalgin Island One site, the Middle Ground Shoal, was missed on the last day due to the rising tide. And some sites were sampled for just sediment hydrocarbon chemistry because sentinel species were not found at all sites. The LEES team will now analyze the samples of sediment, mud, and sand for hydrocarbons related to petroleum. The scientists will also test the tissues of collected clams and worms for hydrocarbons. Their findings will be summarized in a rep. on that will include descriptions of each site, the general background biota that occurs at each site, the availability of appropriate sentinel species, the geomorphology of the shoreline, and sediment characteristics. The report is due in January and will be available to the public. ********Cross Timbers and Marathon Oil Spill ****************************** Cross Timbers employees tested their oil spill response plan during a tabletop drill at Cook Inlet Spill Prevention and Response, Inc. (CISPRI) headquarters in Nikiski. The drill took place on August 21 and was observed by representatives from the Coast Guard, Department of Environmental Conservation, and Cook Inlet RCAC. The scenario for the drill was a spill at the company's facility at the East Forelands, just north of Nikiski. The simulated spill resulted from a faulty float that stuck in the facility's Fr¢¢water Knockout separator. The separator is set up to discharge effluent water into the inlet. The amount of oil spilled was estimated to be 1,450 barrels. Cross Timbers set up an Incident Command structure, with company representative Doug Marshall (1.~i. ctt~red at right, along x.x"ith DEC's Gary Folley (m) and Coast Guard representative [>;_tktl Walul<¢wicz) serving as Incident Commander. The response focused on several key points, including an off-shore recovery effort. In conjunction with CISPRI personnel, the Cross Timbers team went through the steps of securing the vessels and personnel needed to deploy two large boom and skimming systems. Task forces were also set up to deal with near-shore recovery work, shoreline impacts, and the application of dispersants. At the debriefing, everyone agreed that improvements could be made in internal communication between the Incident Command team members. But overall, the consensus of the observers was that the drill was successful. Marathon employees also participated in a recent drill. The exercise took place at the company's Beaver Creek facility near Kenai on August 23. The scenario for the drill was a failure at the man-way into one of the company's storage tanks. The incident resulted in a spill of 2,750 barrels of crude oil into a secondary containment dike. The dike was breached when it was inadvertently hit by an equipment operator. As a result of the break in the dike, 50 barrels of oil spilled out onto the road. The response to the spill involved making initial notification to state and federal agencies, as well as Cook Inlet RCAC. The clean-up effort involved making contact with CISPRI and VECO to bring the necessary equipment and personnel to the site of the spill. Marathon's recovery plan involved using vacuum trucks to pick up the oil and store it in large, open containers. *******Industry Appreciation ******************************************* A large crowd gathered at a Kenai park on Saturday, August 26, to recognize the contributions made by local industries to the community. Representatives from the oil and gas, commercial fishing, and tourism industries were all on hand to accept accolades from civic leaders, including Kenai Peninsula Borough Mayor Dale Bagley, city of Kenai Mayor John Williams, and Kenai Peninsula Borough Assembly member Grace Merkes who is also a member of the CIRCAC Board of Directors. Cook Inlet RCAC had an information booth at the event and CIRCAC staff'handed out informational material and promotional items. Cook Inlet Spill Prevention and Response Inc. (CISPRI) and the Department of Environmental Conservation also had informational displays set up in the park. *******CIRCAC Quarterly Meeting*************************************** Cook Inlet Regional Citizens Advisory Council will hold its fall meeting on September 22 at the Cook Inlet Aquaculture Association building. The meeting will begin at 9:00 am. The public is encouraged to attend. For more information about Cook Inlet RCAC, check out our web site at www.circac.org Cook Inlet RCA(~- 010 Highland Ave. Kcnai, AK 90611 - 007-283-7222 t'ax: 907-283-611}2 e-n~ail' circaci'a,.circac.or,d MAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCIL MEE~N~ DATE' Mayor/Council Attorney ~, ToyIor/$prin~ter/Kebschull Clerk ~ City Mana~le~ ~' Public Wo~ks Police Depm'tment ~ Finance ~ Engineer Senior Cente~ Airport ~--Kim Library ~' pa~ks & Recreation ~,Clarion Fire Deportment AGENDA DTSTRTBUTION Sewer Treatment Plant Streets Shop bock I~uildin~/Maintenance Animal Control Wa,er/Sewer Coun,er Fax by computer to Contacts; Agenda List: Microsoft Fox from printer list; Address Book; Assembly Members KSRM HEA Kenoi Chamber of Commerce ~Ton Little (boil), News/$oldotno) KVCC KbLL Ebb DELIVER Council Pockets to Police Deportment Dispatch desk. The Clarion will pick their pocket up at City Hall; usually on Mondays. The portion of the agenda published by the Clarion should be foxed os soon os possible after Noon on pocket day. Home Page documents (agenda, resolutions end ordinances for public hearing) ore placed in the Clerk's HTML file. Place them onto the city's website from there os soon os possible. AGENDA KENAI CITY'COUNCIL- REGULAR MEETING SEPTEMBER 20, 2000 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1877-.~0~i ~i~ ~'~:diing KM~:'"~i~'§~'!i~0.80 to Include Prohibiting the OpeE~i~'n:~,~::'"~~ ~hicle~ ~=~ii~h~e V'~ted Areas of a Potion of the So~:"Sho~f ~enai ~and 2. Ordinance N~?~~90--Ame~nding Various~:~:~ O:[:~itl~l (City Airpo~ and Airpod.::~n~)..~and"~:~tle 22 (C~-Owned Lands)'~f~:~ ~e.n~Municipal ::~:;:~:. :::::::::::::::::::::::: ....... . ..: ~:;;~:~:~.. Appropri~io~: bY:::~225.~'0e0:~:~i:~ ~~~'""~ ~:~e~"::Eun:~?~'nd th~ Mission Street s ~e~ine~:Rel"°~:~i o n:'::~i~:i~:~:~ roi e c~ ~ u n d. ' 4. Resoluti~ No. 2000,~.55~.~:.~:r~:f~ing $~~ ~i~:::...the Wellhouse~ ~o. 4 C~pit~l PrOject Fu~::~'~m~6nstructio.~ ~~ng for AdditiOnal Engineer/D~sign ~0rk~ ''~:~: ....... ::~ ~.: ::~ ~:::~?: :~::~ ?' FY01 Shared Yi:~ries gu~i~?~:~:~~;;;;~;'~i~ that this Allocation Method:~a~dy Represents the Distribution O~i~nifi~nt Effects of Fisheries Business ~~y:....~.~..,,?ook Inlet ............. 6. Resolution No. 2000-57 -- Designating the Kenai Water Quality and Quantity Development Program -- Wellhouse No. 4 With Main Line Tie-Ins -- Phase III Project as the City of Kenai's Number One Overall Capital Improvement Project. ITEM G: OLD BUSINESS 1. Approval -- Vacation of a Public Right-of-Way and/or Easement Reserved Under Public Land Order 1216 and Excluded from U.S. Patent Filed in Book 547, Pages 167 and 168, Kenai Recording District, Located in U.S. Survey 1435, Within Section 6, Township 5 North, Range 11 West, Seward Meridian, Alaska (502 Overland Avenue, Kenai). ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1880-2000 --Increasing Estimated Revenues and Appropriations by $6,300 in the General Fund for a Library Grant From the State of Alaska. 4. Approval-- Kenai Municipal Airport Prepaid Calling Card Machine Special Use Permit/Alaska Call Connection. 5. Approval-- Proposal to Purchase/Lot 3, Block 2, Evergreen Subdivision, Kim Addition -- New Castle Builders. EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www.ci.kenai.ak.us Carol L. Frees City Clerk D422/211