HomeMy WebLinkAbout2001-03-21 Council PacketKenai City Council
Meeting Packet
March 21, 2001
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MARCH 21,2001
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www.ci.kcnai.ak.us
STAFF MEETING:
5:00 P.M., Council Chambers
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)
,
Tim Navarre -- Proposed Privately-Owned Prison at Wildwood
ITEM C:
PUBLIC HEARINGS
.
Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC
14.20.220 and Replacing It With a New Sign Code, KMC 14.20.220.
a.
c,
Motion to Adopt
Motion to Substitute
Substitute Ordinance No. 1893-2001 -- Repealing the Current
Sign Code, KMC 14.20.220 and Replacing It With a New Sign
Code, KMC 14.20.220.
,
ConSideration of Ordinance. ~
o
Ordinance No. 1894-2001 -- Amending KMC 14.20.105(i) (Townsite
Historic (TSH) Zoning District) to Reflect a Change in the Numbering of
the New Sign Code KMC 14.20.220 Which is referenced in KMC
14.20.105(i).
.
Ordinance No. 1900-2001 -- Finding That Certain City-Owned Land
Described as Block 3, Five Irons Heights Subdivision, Consisting of 4.391
Acres, as Shown on the Attached Exhibit A, is Not Required for a Public
Purpose.
.
Ordinance No. 1901-2001 -- Increasing Estimated Revenues and
Appropriations by $4,607,137 in the ARFF/SRE Capital Project Fund.
a,
Motion to Adopt
.
,
.
ITEM D'
le
2.
3.
4.
5.
6.
7.
ITEM E~:
.
ITEM F-
ITEM G:
ITEM H:
lo
.
.
b.
Ce
Motion to Substitute
Substitute Ordinance No. 1901-2001 -- Increasing Estimated
Revenues and Appropriations by $4,130,973.70 in the ARFF/SRE
Capital Project Fund.
Consideration of Ordinance.
Resolution No. 2001-18 -- Requesting FY 02 Safe Communities
Funding From the Department of Community and Economic
Development.
Resolution No. 2001-19 -- Approving a Contract to G&S Construction,
Inc. for the Project Entitled Kenai Airport ARFF/SRE Facility -2001 for
the Total Amount of $3,716,383.
Resolution No. 2001-20 -- Awarding a Contract for Construction
Administration Services on the Project Entitled, Kenai Airport ARFF/SRE
Facility to RIM Architects for the Not-To-Exceed Amount of $276,698.
COM_MISSION/COMMI~EE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
MINUTES
*Verbatim of March 6,2001 Board of Adjustment Hearing.
*Regular Meeting of March 7,2001.
CORRESPONDENCE
OLD BU$INF~S
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 1902-2001 -- Increasing Estimated Revenues and
Appropriations by $100,000 in the General Fund and Multipurpose
Facility Capital Project Fund for Engineering Design of Upgrading the
Facility for' Refrigerated Ice and Miscellaneous Improvements.
o
*Ordinance No. 1903-2001 -- Transferrin§ $25,000 in the Airport Land
System Special Revenue Fund and Increasing Estimated Revenues and
Appropriations by $25,000 in the Comprehensive Plan Fund.
*Ordinance No. 1904-2001 -- Finding That Certain City-Owned Lands
Located in Inlet Woods Subdivision, As Shown on the Attached Exhibit A
Map, Are Not Required for a Public Purpose.
,
*Ordinance No. 1905-2001 -- Finding That Certain City-Owned Lands
Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A,
Are Not Required for Public Purpose.
,
Approval-- Special Use Permit/Department of Natural Resources,
Division of Forestry/Kenai Municipal Airport.
a.
Staging Site
Aircraft Loading and Parking
o
Approval -- Lease Application/State of Alaska, Division of Forestry --
Unsurveyed Lot Approximately 392'x 400' Adjacent to the Future
Crash/Fire/Rescue Facility at the Kenai Municipal Airport.
,,
Approval -- Sale of 53 Undeveloped Lots in Inlet Woods Subdivision.
10.
Discussion -- Alaska Small Business Conference
11.
Discussion -- Multipurpose Facility Refrigeration Project Scope
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
MAYOR'S REPORT
MARCH 21,2001
REGULAR COUNCIL MEETING
CHANGES TO THE AGENDA
REOUESTED
BY:
POSTPONE TO
APRIL 4, 2001:
C-4 and C-4b, Ordinance No. 1901-2001
C-6, Resolution No. 2001-19
C-7, Resolution No. 2001-20 -- Due to additional time
needed for pre-award contract requirements.
PUBLIC WORKS
MANAGER LA SHOT
CONSENT AGENDA
MAYOR'S REPORT
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NAI PENINSULA BOROUGH
144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599
BUSINESS (907) 262-4441 FAX (907)262-1892
·
DALE BAGLEY
MAYOR
TO:
Timothy Navarre, Assembly President
Members, Kenai,Peninsula Borough Assembly
FROM: Bill Popp, Assembly Member
DATE: March 1, 2001
SUBJECT:
Resolution 2001-
The accompanying resolution would authorize the borough administration to negotiate
with the Kenai Native Association ("KNA") for the acquisition of approximately 60 acres of land
for the proposed prison facility. The subject property is part of 420 acres owned by KNA
situated next to the Wildwood Correctional Complex. Further engineering studies are needed to
determine the best location for the facility within the 420 acres.
This resolution is intended to begin the public process for site selection. Accordingly,
two regular hearings are requested, and it is anticipated that this will be considered by the
Planning Commission. Additionally, I request that the assembly schedule a special meeting in
the City of Kenai as the proposed site is immediately adjacent to the City of Kenai boundaries.
As the terms and conditions of the transfer have not been discussed, in addition to
designating the general site this resolution authorizes the administration to negotiate with the
owners for terms and conditions of the transfer, and requires that any contract be submitted to the
assembly for approval. Any transfer would be contingent upon approval of the project by the
state legislature and approval of a contract with the state to lease a prison facility.
141
LLI, L~J.I I W YY YY · UU,L q,.] ~z.J..,r~.v,.~.
Introduced by:
Date:
Action:
Popp, Long
03/13/01, 03/27/01 & 04/17/01
Amended and postponed until the
03/27/01 public hearing
AcTion:
Vote:
Date:
KENAI PENINSULA BOROUGH
RESOLUTION 2001-026
A RESOLUTION DESIGNATING PROPERTY NEAR THE WILDWOOD CORRECTIONAL
COMPLEX FOR THE PRISON SITE SUBJECT TO CERTAIN CONDITIONS AND
AUTHORIZING THE MAYOR TO NEGOTIATE WITH KENAI NATIVE ASSOCIATION
FOR TRANSFER BY SALE OR LONG-TERM LEASE WITH A PURCHASE OPTION
WHEREAS, in Ordinance 2000-59, the assembly authorized the borough administration to solicit
competitive proposals for the promotion, planning, design, construction, and operation of a prison
facility, including the land upon which the facility will be located; and
WHEREAS, the assembly in Resolution 2001-028 authorized the administration to enter into
negotiation with Comell Companies Inc. pursuant to that ordinance; and
WHEREAS, as a part of Comell Companies Inc. proposal, land owned by Kenai Native Association
adjacent to the Wildwood Correctional Complex was proposed as the designated site through a separate
contract between KNA and the borough; and
WItE~AS, public testimony will be taken on the prison site location at the March 13 and April 17
regular meetings of the Assembly and at an additional publicly noticed hearing on March 27, 2001,
beginning at 7:00 p.m. at the Kenai Senior Citizen Center in Kenai, Alaska; and
WHEREAS, the planning commission held a hearing on this resolution on April 9, 2001, and advised
the assembly
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA
BOROUGH:
SECTION 1. That, subject to the terms and conditions in this resolution' a 60-acre portion of the
following-described property containing 420 acres more or less, located in the State of Alaska, is
designated as the primary proposed site for the proposed prison facility:
a. W tA of SW 1/4'of Sec 19, T6N, RllW, S.M.;
b. W ¥2 of NW 1/4 of Sec 30, T6N, R11W, S.M.;
c. SE 1/4, Sec 24, T6N, R12W, S.M.;
d. E V~ of SW 1/4, Sec 24, T6N, R12W, S.M.; and
e. N V~ of NE 1/4 of NE 1/4 of Sec 25, T6N, R12W, S.M.
SECTION 2. That the borough administration is authorized to negotiate with the Kenai Native
Association for either the purchase or the long-term lease with an_ option to purchase, the
above-described property. The final agreement must be approved by the borough assembly and the
transfer agreement shall be subject to the following pre-conditions'
I of 2
03/16/2001 8:43 AM
a. approval of enabling legislation for this prison project by the state legislature; and
b. successful negotiation and execution of a contract with the Department of Corrections for lease and
operation of the prison at the selected site.
SECTION 3. That this resolution takes effect immediately upon its enactment.
ADOPTED BY THE ASSEMBLY OF THE KEN~ PENINSULA BOROUGIt THIS
* DAY OF *, 2001.
2 of 203/16/20018:43 AM
Suggested by:
Administration
CITY OF KENAI
ORDINANCE NO. 1893-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ~NAI, ALASKA, REPEALING
THE CURRENT SIGN CODE, KMC 14.20.220, AND REPLACING IT WITH A NEW SIGN
CODE, KMC 14.20.220.
WHEREAS, the current KMC 14.20.220 entitled "Signs and Advertising Devices" is
outdated and in need of revision; and
WHEREAS, a new KMC 14.20.220 entitled "Signs" has been drafted and is attached as
Attachment A; and
WHEREAS, a summary of the new ordinance "Signs" in table form was prepared for
reference; and
WHEREAS, a comparison of the current sign code (Signs and Advertising Devises) and
the proposed sign code (Signs) was prepared for reference; and
WHEREAS, the changes in the new sign code will modernize the rules and procedures
for signs and advertising devices within the city of Kenai; and
WHEREAS, it is in the best interest of the city of Kenai to enact the new sign code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that KMC 14.20.220 entitled "Signs and Advertising Devices" is repealed and
replaced by a new KMC 14.20.220 entitled "Signs" as appears in Attachment A of this
ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March,
2001.
ATTEST:
John d. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
Februal~ 7, 2001
March 21,2001
April 21,2001
14.20.220 Signs.
(a)
General Requirements:
(1) A permit shall be obtained from the administrative official prior to the installation of
any sign, nameplate, advertising sign or advertising structure except as provided in
subsection (c). Construction and erection of signs shall be in accordance with this
chapter, with the Uniform Sign Code [(KMC 4.15)], and with 'the National Electrical
Code [(KMC 4.30)], except that temporary signs need not be constructed according to
the Uniform Sign Code (KMC 4.15).
(2) When a building permit is obtained for the construction of a building, signs for that
building that conform to this Code shall be considered as part of the valuation of that
building. The fee for signs not covered by a building permit shall be set as provided
by KMC 7.15.100.
(3) A permit for a commercial advertising, sign shall be issued only if the sign will be
located on the premises advertised, or on the common property available for such
purposes to all commercial occupants of a multiple commercial development such as
malls. The City of Kenai may erect, or may allow another governmental agency to
erect, information signs, as they deem necessary.
(4)Penalties for violations of this section shall be as set forth in KMC 14.20.260(e).
(5) If any of the provisions of this Code hereby adopted conflict with the Uniform Sign
Code adopted by reference, the provisions of this Code will prevail.
(6) Signs shall be er6cted and maintained plumb, level, and true and kept repaired,
painted, and maintained.
(7)The Building Official shall determine the area of all signs and shall classify all signs.
(8) Existing signs for which no permit was obtained: When the owner of record of a lot
or lessee of a lot on which a sign or signs are located that do not conform to the
provisions of this Code has been notified that such sign or signs are non-conforming,
the owner shall make the sign or signs conforming within ten (10) days fi'om the date
of such notice or r.e, move the sign.
(9) Relief from the provisions of this section may be provided by a variance as prescribed
Under KMC 14.20.180.
(10) ~'A permit issued under the provisions of this section shall become null and void if the
sign erection or other work authorized by such permit is not commenced within
ninety (90) days of the date of issuance, or if the sign display or work authorized by
such permit is suspended or abandoned for a period of ninety (90) days any time after
the display or work is commenced.
Residential Zones. For the purposes of this section, the following shall be considered
residential zones: RR, RS, RR-1, RS-l, RS-2, RU, R & TSH. Signs are allowed in the
residential zones as follows:
(1) Allowed signs not requiting a permit.
(A) Public signs erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, and direct or
regulate pedestrian or vehicular traffic.
(B) Personal message signs of a total of not more than five (5) square feet,
containing.non-commercial messages or used to advertise the sale or lease of
the property on which it is located.
Attachment A
Ordinance 1893- 2001
Page 1 of 7
.o
(c)
Traditional holiday decorations.
Signs in the nature of cornerstones, commemorative plaques, historical signs,
building name and street number.
Signs within a building or on a structure or fence located at an outdoor
sporting event, sporting facility or sports field.
Temporary signs of not more than five (5) square feet advertising such items a
"yard sale'~ or "garage sale" may be displayed for one week. Such signs must
display the name, address and telephone of an adult Person
conducting/supervising such sale and must be dated.
Signs erected on a lot or lots screened or fenced so that no part is visible from
a public-right of way or mother lot.
o, a
temporary signs that aenote th~ m,~,~,,~-~-, ---=-- , contractor, or builder or
which dengte the name of the structure and its use or occupants-to-be may be
erected on the construction site. Each sign shall be no more than thirty-two
(32) square feet in size and no more than one such sign shall be permitted for
each architect or engineering firm, contractor, builder, owner, or denoting the
name, use, and occupants-to-be of the structure. Any of these may be
combined on one or more signs but the total square footage of the sign or
signs shall not exceed that set out above. All construction signs shall be
removed when the project is completed. .
A flag or insignia of any nation, organization of nations, state, borough, city
religious, civic, fraternal organization, or educational institution except flags
used in connection with a commercial promotion or as an advertising device.
Events signs. Unlighted sign(s) of up to thirty-two (32) square feet may be
displayed for the purpose of announcing an event of civic, philanthropic,
educational or religious organization. Signs may be installed no sooner than
ten (10) days prior to the event announced and shall be removed within five
days after the event. No event signs may be installed for a period exceeding
thirty (30)r. days in any ninety (90) day period. The ninety (90) day period
begins on the first day the event sign is displayed.
(K) Political signs. Political signs shall be removed within two (2) weeks after the
date of the election that the signs were displayed to promote; provided that
signs erected for any primary election that remain relevant to the following
general election may be maintained until two (2) weeks following the general
election. If after reasonable notice, such signs are not removed, the City may
remove them and the candidate, organization, or person who caused the sign
to be placed may be charged for said removal.
Allowed signs requiring a permit. One sign per use not exceeding (5) five
(A) Signs identifying a home occupation.
square feet. Such sign shall be no closer than ten (10) feet to any property line
or shall be flat against the building. No lighting is permitted.
(B) Bulletin boards. Bulletin boards or permanent changeable letter signs located
on the premises shall be permitted for churches, schools, community centers
and public, charitable 'or institutional uses. Such signs shall contain no more
than thirtyi'two (32) square feet in area. Such signs may be used as wall signs;
Attachment A
Ordinance 1893- 2001
Page 2 of 7
(c)
(3)
(c)
(D)
(E)
thirty-two (32) square feet. Any illumination shall be by indirect means.
Prohibited Signs,
(A) Audio signs.
(B) Beacon signs.
(C) Unauthorized signs in the fight-of-way or on city property. Such signs may
._
may be used as ground signs when located a minimum of ten (10) feet from
the street lot line; may be indirectly illuminated.
Signs for other allowed and conditional uses. One sign per use not to exceed
thirty-two (32) square feet in area for multi-family dwellings, clubs,
professional offices, churches, and other similar uses. Such signs shall be no
closer than ten (10) feet to any property line or shall be flat against the
building...
Signs for non-conforming uses. A non-conforming use in a residential zone
may have one sign per property, unlighted, and no larger than thirty-two (32)
square feet in area. Such signs shall be no closer than ten (10) feet to any
property line or shall be flat against the building.
A permanent subdivision sign may be placed at one entrance to a subdivision
and may contain only the name of the subdivision. Such sign shall not .exceed
be
removed and disposed of without notice.
(D) Signs that are higher than 32 (thirty-two) feet above the adjacent ground or
pavement level.
(E) Signs.containing profane or indecent words or illustrations.
(F) Signs containing electrical equipment or electrical apparatus of any kind that
causes interference with radio, television, or telephone signals or reception.
(G) Signs placed on trailers or vehicles, which as parked or located are designed
primarily to display said sign. This does not apply to signs or lettering on
buses, taxis, or vehicles operated in the normal course of business.
(I-I)Flashing or intermittent illumination are not permitted.
(I) Balloons or other inflatable or gas-filled figures or signs.
(J) Signs not mentioned in the code are prohibited.
(K) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such sign it may interfere with, obstruct the view
of or be confused with any authorized traffic sign, signal or device. No sign
shall be attached to any traffic sign or signal device, or to any public sign or
signpost.
(L) No sign other than public signs shall be placed within twenty (20) feet of any
intersection as measured from the nearest intersection of street fight-of-way
lines.
(M) No off preinises commercial advertising signs, including billboards except at
an outdoor sporting event, sports facility, or sports field.
(N) Portable signs.
(O) Fence signs.
Commercial and Industrial Zones. For purposes of this section, the following districts
shall be considered commercial districts: CC, CG, IL, and IH. Signs are allowed in these
districts as follows.
Attachment A
Ordinance 1893- 2001
Page 3 of 7
(1)
(2)
Allowed signs not requiring a permit.
(A) Public signs erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, and direct or
regulate pedestrian or vehicular traffic.
(B) Personal message signs of a total of not more than 5 square feet containing
non-commercial messages.
(C) Traditional holiday decorations.
(D) Temporary banners of not more than thirty-two (32) square feet. No
temporary banners shall be installed or placed for a period to exceed thirty
(30) days in any ninety (90) day period.
(E) Signs in the nature of cornerstones' commemorative plaques, historical signs,
building name, or street number.
(F) Signs within a building or on a structure or fence located at an outdoor
sporting event, sporting facility or sports field.
(G) Temporary signs of not more than five (5) square feet advertising such items
as "yard sale," ."garage sale", or "lemonade" may be displayed for one week.
Such signs must display the name, address and telephone number of an adult
person conducting/superviSing such sale and must be dated.
(I-I) Signs erected on a lot or lots that are fenced or screened so that no part is
visible from a public fight-of-way or another lot. ·
(I) Construction signs. During construction, repair, or alteration of a structure,
temporary signs that' denote the architectural or engineering firm, contractor or
builder that. denote the name of the structure and its use or occupants-to-be
may be erected on the construction site. Each sign shall be thirty-two- (32)
square feet or less in size and no more than one such sign shall be permitted
for each architectural or engineering firm, contractor, builder, owner, or
denoting the name, use and occupants-to-be of the structure. Any of these may
be combined .on one or more signs but the total square footage of the sign or
signs shall not exceed that set out above. All construction signs shall be
removed when the construction is completed.
(J) A flag .or insignia of any nation, orgardzation of nations, state, borough, city,
religious, civic, fraternal organization, or educational institutional except flags
used in connection with a commercial promotion or as an advertising device.
(K) Event signs. One unlighted sign of up to thirty-two (32) square feet may be
displayed for the purpose of announcing an event of civic, philanthropic,
educational or religious organization. Signs may be installed no sooner than
ten (10) days prior to the event announced and shall be removed within five
days after the event. No event signs may be installed for a period exceeding
thirty (30) days in any ninety (90) day period. The ninety (90) day period
begins on the first day the event sign is displayed. Event signs shall contain
the date of their placement.
(L) Real estate signs of thirty-two (32) feet or less used to advertise the sale or
lease of the property on which the sign is located.
(M) A sandwich board sign of not more than sixteen (16) square feet exclusive of
other signs allowed.
Allowed signs requiting a permit.
Attachment A
Ordinance 1893- 2001
Page 4 of 7
(3)
(A) One freestanding or marquee per premises of not more than 120 square feet.
Where there is more than one business on a premises a combined freestanding
or marquee sign o f not more than 200 square feet.
(B) One roof sign of not more than 64 square feet. Where there is more than one
business on a premises, a combined roof sign of not more than 128 square
feet.
(C) Rotating signs are allowed, but may not exceed the square footage set forth
above.
(D) Real estate signs larger than 32 square feet advertising the sale or lease of the
property on which the sign is located.
(E) Fence signs of not more than sixty-four (64) square feet. Where there is more
than one business on a premises, fence signs may not exceed one hundred
twenty-eight (128) square feet.
Prohibited signs. (A) Audio signs.
(B) Beacon signs.
(C) Unauthorized sign in the fight-of way or on city property. Such signs may be
removed and disposed of without notice.
(D) Portable changeable letter electric or non-electric signs.
(E) Signs, other than roof signs, which are higher than thirty-two (32) feet above
the adjacent ground or pavement level. No roof sign shall be higher than eight
(8) feet above the roof on which it is placed.
(F) Signs containing profane or indecent words or illustrations.
'(G) Signs containing electrical equipment or electrical apparatus of any kind that
causes interference with radio, television, or telephone signals or reception.
(H) Signs placed on trailers or vehicles that are parked or located are designed to
primarily to display said sign. This does not apply to signs or lettering on
buses, taxis, or vehicles, operated in the normal course of business.
(I) Flashing or intermittent illumination signs are not permitted except time and
temperature, automatic changing message signs and traditional holiday
decorations.
(J) Balloons or other inflatable or gas-filled figures or signs.
(K) Signs not mentioned in this code are prohibited.
(L) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such it may interfere with, obstruct the view of, or
be confused with any authorized traffic sign, signal or device, or to any public
sign or signpost.
(M) No sign other than public signs shall be placed within twenty (20) feet of any
intersection as measured from the nearest intersection of street fight of way
lines.
(N) No off premises commercial advertising signs, including billboards except at
an outdoor sporting event, sports facility or sports field.
Signs allowed in the Conservation Zone. Public signs erected by or on behalf of a
governmental body to post legal notices, identify public property, convey public
information, and direct or regulate pedestrian or vehicular traffic.
Attachment A
Ordinance 1893- 2001
Page 5 of 7
(e)
(0
Non-conforming signs.
(1) After the enactment of this section, signs located within the City of Kenai on the
effective date of this section that do not conform to the requirements of this code
shall be classified as legal "non-conforming" signs if the sign was in compliance
with applicable law on the date of adoption of this code.
(2) A legal non-conforming sign shall immediately lose its legal non-conforming
designation if:
(A) The sign is altered in any way in structure which tends 'to increase its
non-conformity with the requirements of this code;
(B) The sign structure is relocated;
(C) The sign (except for copy on a changeable copy sign) is replaced.
Upon the occurrence of A, B or C above, the sign shall be immediately brought
into compliance with this code with a new permit secured or it shall be removed.
Specific Definitions Pertaining to Signs
(1) "Applicant" means any for-profit or non-profit enterprise, or organization, or any
individual not acting on behalf of such an enterprise or organization.
(2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music,
or singing.
(3) "Banner" means a sign constructed of flexible material, such as cloth, which moves
upon being subjected to pressure by the wind.
(4) "Beacon sign" means a light with one or more beams capable of being directed in
any direction or directions or capable of being revolved.
(5) "Combination sign" means a sign incorporating any combination of the features of
pole, projecting, and roof signs.
(6) "Curb line," means the line at the face of the curb nearest to the street or roadway. In
the absence of a curb, the curb line shall be established by the City Engineer.
(7) "Display surface" means the area made available by the sign structure for the
purpose of displaying the advertising message.
(8) "Electric sign" means any sign containing electrical wiring, but does not include
signs illuminated by an exterior light source.
(9) "Fence sign" means a sign other than a real estate or home occupation sign displayed
upon fences or upon walls that are not an integral part of a building or walls that are
used as fences.
(10) "Fin sign" means a sign that is supported wholly by a building or partly by poles and
partly by a building.
(11) "Ground sign" means a sign which is supported by one or more uprights, poles, or
braces in or upon the ground other than a combination sign, fin sign, or pole sign as
defined by this Code.
(12) "Legal setback line" means a line established by ordinance beyond which a building
may not be built. A legal setback line may be a property line.
(13) "Marquee" means a permanent weatherproof structure attached to, supported by a
building, and projecting from the wall of the building.
(14) "Pole sign" means a sign wholly supported by a sign structure in the ground.
(15) "Political sign" means a sign promoting a candidate for political office, or promoting
any position on a ballot proposition.
Attachment A
Ordinance 1893- 2001
Page 6 of 7
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
"Portable display surface" means a display surface temporarily fixed to a
standardized advertising structure that is regularly moved fi'om structure to structure
at periodic intervals.
"Portable sign" means a sign other than a temporary sign that is not attached to any
building or structure. It may readily be moved from one location to another. It is
designed to rest on the ground when displayed and may be with or without its own
wheels. It may or may not be lighted.
"Projecting sign" means a sign other than a wall sign, which projects form and is
supported by a wall of a building or structure.
"Real estate sign" means a sign advertising the sale, lease or rent of one or more lots
or acreage or the improvements thereon by a real estate company or individual
licensed by the State of Alaska.
"Roof sign" means a sign erected upon or above a roof or parapet of a building or
structure.
"Sign" means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trade marks by which anything is made
known, such as are used to designate an individual, a firm, an association, .a
corporation, a profession, a business, or a commodity or product which are visible
from any public street or highway and used to attract attention.
"Sign structure" means a structure that supports or is capable of supporting any sign
as defined in this Code. A sign structure may be a single pole or poles and may or
may not be an integral part of a building.
"Temporary sign" means any sign, banner, pennant, valance, or. advertising display
constrUcted of cloth, canvas, light fabric, cardboard, wall board, or other light
materials, with or without frames, designed to be displayed for a limited period of
time only.
"Wall sign" means any sign attached to, painted on, or erected against the wall of a
building or structure, with the exposed face of the sign in a plane parallel to the
plane of the said wall.
Attachment A
Ordinance 1893- 2001
Page 7 of 7
SUBSTr~ ~ ~ z,
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1893-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING
THE CURRENT SIGN CODE, KMC 14.20.220,. AND REPLACING IT WITH A NEW SIGN
CODE, KMC 14.20.220.'
WHEREAS, the current KMC 14.20.220 entitled "Signs and Advertising Devices" is
outdated and in need of revision; and
WHEREAS, a new KMC 14.20.220 entitled "Signs" has been drafted and is attached as
Attachment A; and
WHEREAS, a summary of the new ordinance "Signs" in table form was prepared for
reference; and
WHEREAS, a comparison of the current sign code (Signs and Advertising Devises) and
the proposed sign code (Signs) was prepared for reference; and
WHEREAS, the changes in the new sign code will modernize the rules and procedures
for signs and advertising devices within the city of Kenai; and
WHEREAS, it is in the best interest of the city of Kenai to enact the new sign code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that KMC 14.20.220 entitled "Signs and Advertising Devices" is repealed and
replaced by a new KMC 14.20.220 entitled "Signs" as appears in Attachment A of this
ordinance.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March,
2001.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February 7, 2001
March 21,2001
April 21,2001
14.20.220 Signs.
(a)
General Requirements:
(1) A permit shall be obtained from the administrative official prior to the installation of
any sign, nameplate, advertising sign or advertising structure except as provided in
subsection (c). Construction and erection of signs shall be in accordance with this
chapter, with the Uniform Sign Code, and with the National Electrical Code, except
that temporary signs need not be constructed according to the Uniform Sign Code.
(2) When a building permit is obtained for the construction of a building, signs for that
building that conform to this Code shall be considered as part of the valuation of that
building. The fee for signs not covered by a building permit shall be set as provided
by KMC 7.15.100.
(3) A permit for a commercial advertising sign shall be issued only if the sign will be
located on the premises advertised, or on the common property available for such
purposes to all commercia1 occupants of a multiple commercial development such as
malls.
(4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e).
(5) If any of the provisions of this Code hereby adopted conflict with the Uniform Sign
Code adopted by reference, the provisions of this Code will prevail.
(6) Signs shall be erected and maintained plumb, level, and tree and kept repaired,
painted, and maintained.
(7) The Building Official shall determine the.area of all signs and shall classify all signs.
(8) Existing signs for which no permit was obtained: When the owner of record of a lot
or lessee of a lot on which a sign or signs are located that do not conform to the
provisions of this Code has been notified that such sign or signs are non-conforming,
the owner shall make the sign or signs conforming within ten (10) days from the date
of such notice or remove the sign.
(9) Relief from the provisions of this section may be provided by a variance as prescribed
under KMC 14.20.180.
(10) A permit issued under the provisions of this section shall become null and void if the
sign erection or other work authorized by such permit is not commenced within
ninety (90) days of the date of issuance, or if the sign display or work authorized by
such permit is suspended or abandoned for a period of ninety (90) days any time after
the display or work is commenced.
(11) The City of Kenai or any other governmental agency may erect on-premises public
informational signs as otherwise allowed in this section. City of Kenai or any other
governmental agency off-premises public informational signs or public informational
signs not otherwise in compliance with this section may be allowed by variance under
KMC 14.20.180. For purposes of this section, legal notices, or signs directing or
regulating pedestrian or vehicular traffic or public safety signs are not considered
public informational signs.
(b) Residential Zones. For the purposes of this section, the following shall be considered
residential zones' RR, RS, RR-1, RS-l, RS-2, RU, R & TSH. Signs are allowed in the
residential zones as follows:
(1) Allowed signs not requiring a permit.
Attachment A
Ordinance 1893-2001
Page 1 of 7
(2)
(A)
(B)
(c)
(E)
(F)
(G)
(H)
(I)
(J)
Public signs erected by or on behalf of a governmental body to post legal
notices, identify public' property, convey public information, and direct or
regulate pedestrian or vehicular traffic.
Personal message signs of a total of not more than five (5) square feet,
containing non-commercial messages or used to advertise the, sale or lease of
the property on which it is located.
Traditional holiday decorations.
Signs in the nature of cornerstones, commemorative plaques, historical signs,
building name and street number.
Signs within a building or on a structure or fence located at an outdoor
sporting event, sporting facility or sports field.
Temporary signs of not more than five (5) square feet advertising such items a
"yard sale" or "garage sale" may be displayed for one week. Such signs must
display the name, address and telephone of an adult person
conducting/supervising such sale and must be dated.
Signs erected on a lot or lots screened or fenced so that no part is visible from
a public-right of way or another lot.
Construction signs. During construction, repair, or alteration of a structure,
temporary signs that denote the architect, engineer, contractor, or builder or
which denote the name of the structure and its use or occupants-to-be may be
erected on the construction site. Each sign shall be no more than thirty-two
(32) square feet in size and no more than one such sign shall be permitted for
each architect or engineering firm, contractor, builder, owner, or denoting the
name, use, and occupants-to-be of the structure. Any of these may be
combined on one or more signs but the total square footage of the sign or
signs shall not exceed that set out above. All construction signs shall be
removed when the project is completed.
A flag or insignia of any nation, organization of nations, state, borough, city
religious, civic, fraternal organization, or educational institution except flags
used in connection with a commercial promotion or as an advertising device.
Events signs. Unlighted sign(s) of up to thirty-two (32) square feet may be
displayed for the purpose of announcing an event of civic, philanthropic,
educational or religious organization. Signs may be installed no sooner than
ten (10) days prior to the event announced and shall be removed within five
days after the event. No event signs may be installed for a period exceeding
thirty (30) days in any ninety (90) day period. The ninety (90) day period
begins on the first day the event sign is displayed.
Political signs. Political signs shall be removed within two (2) weeks after the
date of the election that the signs were displayed to promote; provided that
signs erected for any primary election that remain relevant to the following
general election may be maintained until two (2) weeks following the general
election. If after reasonable notice, such signs are not removed, the City may
remove them and the candidate, organization, or person who caused the sign
to be placed may be charged for said removal.
Allowed signs requiting a permit.
Attachment A
Ordinance 1893-2001
Page 2 of 7
O)
(B)
(c)
(D)
(E)
Signs identifying a home occupation. One sign per use not exceeding (5) five
square feet. Such sign shall be no closer than ten (10) feet to any property line
or shall be fiat against the building. No lighting is permitted.
Bulletin boards. Bulletin boards or permanent changeable letter signs located
on the premises shall be permitted for churches, schools, community cemers
and public, charitable or institutional uses. Such signs shall contain no more
than thirty-two (32) square feet in area. Such signs may be used as wall signs;
may be used as ground signs when located a minimum of ten (10) feet from
the street lot line; may be indirectly illuminated.
Signs for other allowed and conditional uses. One sign per use not to exceed
thirty-two (32) square feet in area for multi-family dwellings, clubs,
professional offices, churches, and other similar uses. Such signs shall be no
closer than ten (10) feet to any property line or shall be fiat against the
building.
Signs for non-conforming uses. A non-conforming use in a residential zone
may have one sign per property, unlighted, and no larger ~an thirty-two (32)
square feet in area. Such signs shall be no closer than ten (10) feet to any
property line or shall be fiat against the building.
A permanent subdivision sign may be placed at one entrance to a subdivision
and may contain only the name of the subdivision. Such sign shall not exceed
thirty-two (32) square feet. Any illumination shall be by indirect means.
Prohibited Signs.
(A) Audio signs.
(B) Beacon signs..
(C) Unauthorized signs in the fight-of-way or on city property. Such signs may be
removed and disposed of without notice.
(D) Signs that are higher than 32 (thirty-two) feet above the adjacent ground or
pavement level.
(E) Signs containing profane or indecent~words or illustrations.
(F) Signs containing electrical equipment or electrical apparatus of any kind that
causes interference with radio, television, or telephone signals or reception.
(G) Signs placed on trailers or vehicles, which as parked or located are. designed
primarily to display said sign. This does not apply to signs or lettering on
buses, taxis, or vehicles operated in the normal course of business.
(H) Flashing or intermittent illumination are not permitted.
(I) Balloons or other inflatable or gas-filled figures or signs.
(J) Signs not mentioned in the code are prohibited.
(K) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such sign it may interfere with, obstruct the view
of or be confused with any authorized traffic sign, signal or device. No sign
shall be attached to any traffic sign or signal device, or to any public sign or
signpost.
(L) No sign other than public signs shall be placed within twenty (20) feet of any
intersection as measured from the nearest intersection of street fight-of-way
lines.
Attachment A
Ordinance 1893-2001
Page 3 of 7
(c)
(M) No off premises commercial advertising signs, including billboards except at
an outdoor sporting event, sports facility, or sports field.
(N) Portable signs.
(0)Fence signs.
Commercial and Industrial Zones. For purposes of this section, the following districts
shall be considered commercial districts' CC, CG, IL, and IH. Signs are allowed in these
districts as follows.
(1) Allowed signs not requiring a permit.
(A) Public signs erected by or on behalf of a governmental body to post legal
notices, identify public property, convey public information, and direct or
regulate pedestrian or vehicular traffic.
(B) Personal message signs of a total of not more than 5 square feet containing
non-commercial messages.
(C)Traditional holiday decorations.
(D) Temporary banners of not more than thirty-two (32) square feet. No
temporary banners shall be installed or placed for a period to exceed thirty
(30) days in any ninety (90) day period.
(E) Signs in the nature of cornerstones, commemorative p. laques, historical signs,
building name, or street number. ~
(F) Signs within a building or on a structure or fence located at an outdoor
sporting event, sporting facility or sports field.
(G) Temporary signs of not more than five (5) square feet advertising such ;items
as "yard sale," "garage sale", or "lemonade" may be displayed for one week.
Such signs must display the name, address and telephone number of an adult
person conducting/supervising suer sale and must be dated.
(H) Signs erected on a lot or lots that are fenced or screened so that no part is
visible from a public fight-of-way or another lot.
(I) Construction signs. During construction, repair, or alteration of a structure,
temporary signs that denote the architectural or engineering finn, contractor or
builder that denote the name of the structure and its use or occupants-to-be
may be erected on the construction site. Each sign shall be thirty-two- (32)
square feet or less in size and no more than one suer sign shall be permitted
for each architectural or engineering finn, contractor, builder, owner, or
denoting the name, use and occupants-to-be of the structure. Any of these may
be combined on one or more signs but the total square footage of the sign or
· signs shall not exceed that set out above. All construction signs shall be
removed when the construction is completed.
(J) A flag or insignia of any nation, organization of nations, state, borough, city,
religious, civic, fraternal organization, or educational institutional except flags
used in connection with a commercial promotion or as an advertising device.
(K) Event signs. One unlighted sign of up to thirty-two (32) square feet may be
displayed for the purpose of announcing an event of civic, philanthropic,
educational or religious organization. Signs may be installed no sooner than
ten (10) days prior to the event announced and shall be removed within five
days after the event. No event signs may be installed for a period exceeding
thirty (30) days in any ninety (90) day period. The ninety (90) day period
Attachment A
Ordinance 1893-2001
Page 4 of 7
(2)
(3)
begins on the first day thc event sign is displayed. Event signs shall contain
thc date of their placement.
(L) Real estate signs of thirty-tWo (32) feet or less used to advertise the sale or
lease of the property on which the sign is located.
(M) A sandwich board sign of not more than sixteen (16) square feet exclusive of
Other signs allowed.
(N) Political signs. Political signs shall be removed within two (2) weeks after the
date of the electiOn that the signs were displayed to promote; provided that
signs erected for any primary election that remain relevant to the following
general election may be maintained until two (2) weeks following the general
election. If after reasonable notice, such signs are not removed, the City may
remove them and the candidate, organization, or person who caused the sign
to be placed may be charged for said removal.
Allowed signs requiting a permit.
(A) One freestanding or marquee per premises of not more than 120 square feet.
Where there is more than one business on a premises a combined freestanding
or marquee sign of not more than 200 square feet.
(B) One roof sign of not more than 64 square feet. Where there is more than one
business on a premises, a combined roof sign of not more than 128 square
feet.
(C) Rotating signs are allowed, but may not exceed the square footage set forth
above.
(D) Real estate signs larger than 32 square feet advertising the sale or lease of the
property on which the sign is located.
(E) Fence signs of not more than sixty-four (64) square feet. Where there is more
than one business on a premises, fence signs may not exceed one hundred
twenty-eight (128) square feet.
Prohibited signs.
(A) Audio signs.
(B) Beacon signs.
(C) UnauthOrized sign in the fight-of way or on city property. Such signs may be
removed and disposed of without notice.
(D) Portable changeable letter electric or non-electric signs.
(E) Signs, other than roof signs, which are higher than thirty-two (32) feet above
the adjacent ground or pavement level. No roof sign shall be higher than eight
(8) feet above the roof on which it is placed.
(F) Signs containing profane or indecent words or illustrations.
(G) Signs containing electrical equipment or electrical apparatus of any kind that
causes interference with radio, television, or telephone signals or reception.
(H) Signs placed on trailers or vehicles that are parked or located are designed to
primarily to display said sign. This does not apply to signs or lettering on
buses, taxis, or vehicles, operated in the normal course of business.
(I) Flashing or intermittent illumination signs are not permitted except time and
temperature, automatic changing message signs' and traditional holiday
decorations.
(J) Balloons or other inflatable or gas-filled figures or signs.
Attachment A
Ordinance 1893-2001
Page 5 of 7
(d)
(e)
(0
(K) Signs not mentioned in this code are prohibited.
(L) No sign shall be erected at any location where by reason of the position,
shape, intensity, or color of such it may interfere with, obstruct the view of, or
be confused with any authorized traffic sign, signal or device, or to any public
sign or signpost.
(M) No sign other than public signs shall be placed within twenty (20) feet of any
intersection as measured from the nearest intersection of street fight of way
lines.
(N) No off premises commercial advertising signs, including billboards except at
an outdoor sporting event, sports facility or Sports field.
Signs allowed in the Conservation Zone. Public signs erected by or on behalf of a
governmental body to post legal notices, identify public property, convey public
information, and direct or regulate pedestrian or vehicular traffic.
Non-conforming signs.
(1) After the enactment of this section, signs located within the City of Kenai on the
effective date of this section that do not conform to the requiremems of this code
shall be classified as legal "non-conforming" signs if the sign was in compliance
with applicable law on the date of adoption of this code.
(2) A legal non-conforming sign shall immediately lose its legal non-conforming
designation if:
(A) The sign is altered in any way in structure which tends to increase its
non-conformity with the requirements of this code;
(B) The sign structure is relocated;
(C) The sign (except for copy on a changeable Copy sign) is replaced.
Upon the occurrence of A, B or C above, the sign shall be immediately brought
into compliance with this code with a new permit secured or it shall be removed.
Specific Definitions Pertaining to Signs
(1) "Applicant" means any for-profit or non-profit enterprise, or organization, or any
individual not acting on behalf of such an enterprise or organization..
(2) "Audio sign" means a sign that emits a noise or sound, either spoken words, music,
or singing.
"Banner" means a sign constructed of flexible material, such as cloth, which moves
upon being subjected to pressure by the wind.
"Beacon sign" means a light with one or more beams capable of being directed in.
any direction or directions or capable of being revolved.
"Combination sign" means a sign incorporating any combination of the features of
pole, projecting, and roof signs.
"Curb line," means the line a.t the face of the curb nearest to the street or roadway. In
the absence of a curb, the curb line shall be established by the City Engineer.
"Display surface" means the area made available by the sign structure for the
purpose of displaying the advertising message.
"Electric sign" means any sign containing electrical wiring, but does not include
signs illuminated by an exterior light source.
"Fence sign" means a sign other than a real'estate or home occupation sign displayed
upon fences or upon walls that are not an integral part of a building or walls that are
used as fences.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Attachment A
Ordinance 1893-2001
Page 6 of 7
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
"Fin sign" means a sign that is supported wholly by a building or partly by poles and
partly by a building.
"Ground sign" means a sign which is supported by one or more uprights, poles, or
braces in or upon the ground other than a combination sign, fin sign, or pole sign as
defined by this Code.
"Legal setback line" means a line established by ordinance beyond which a building
may not be built. A legal setback line may be a property line.
"Marquee" means a permanent weatherproof structure attached to, supported by a
building, and projecting fi'om the wall of the building.
"Pole sign" means a sign wholly supported by a sign structure in the ground.
"Political sign" means a sign promoting a candidate for political office, or promoting
any position on a ballot proposition.
"Portable display surface" means a display surface temporarily fixed to a
standardized advertising structure that is regularly moved from structure to structure
at periodic intervals.
"Portable sign" means a sign other than a temporary sign that is not attached to any
building or structure. It may readily be moved from one location to another. It is
designed to rest on the ground when displayed and may be with or without its own
wheels. It may or may not be lighted.
"Projecting sign" means a sign other than a wall sign, which projects form and is
supported by a wall of a building or structure.
"Real estate sign" means a sign advertising the sale, lease or rent of one or more lots
or acreage or the improvements thereon by a real estate company or individual
licensed by the State of Alaska.
"Roof sign" means a sign erected upon or above a roof or parapet of a building or
structure.
"Sign" means any words, letters, parts of letters, figures, numerals, phrases,
sentences, emblems, devices, trade names, or trade marks by which anything is made
known, such as are used to designate an individual, a finn, an association, a
corporation, a profession, a business, or a commodity or product which are visible
from any public street or highway and used to attract attention.
"Sign structure" means a structure that supports or is capable of supporting any sign
as defined in this Code. A sign structure may be a single pole or poles and may or
may not be an integral part of a building.
"Temporary sign" means any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wall board, or other light
materials, with or without frames, designed to be displayed for a limited.period of
time only.
"Wall sign" means any sign attached to, painted on, or erected against the wall of a
building or structure, with the exposed face of the sign in a plane parallel to the
plane of the said wall.
Attachment A
Ordinance 1893-2001
Page 7 of 7
CURRENT KMC 14.20.220
Note: The numbering in the new ordinance has changed significantly.
14.20.220 Signs and advertising devices.
(a).General Requirements:
Fees will now be
covered under KMC
7.15.100 (set by the
City Manager).
Last semence deleted.
Deleted.
(1) A permit shall be obtained from the administrative official prior to
the installation of any sign, nameplate, advertising sign or advertising
stm. cmre except as provided in subsection (c). Construction and
erection of signs shall be in accordance With this chapter, with the
Uniform Sign Code, and with the National Electrical Code.
(2) When a building permit is obtained for the construction of a
building, signs for that building which conform to this Code shall be
considered as part of the valuation of that building. The fee for signs
not covered by a building permit shall be as follows:
,
Home Occupation Signs .............................. $ 5.00
Portable Signs ........................................ 5.00
Pennant Signs ......................................... 5.00
Electrical Signs ...................................... 25.00
All Other Signs ....................................... 15.00
(3) A permit for a commercial sign shall be issued only if the sign will
be located on the premises advertised, or on the common property
available for such purposes to all commercial occUPants of a multiple
commercial development such as malls. [THE CITY OF KENAI
MAY ERECT, OR MAY ALLOW ANOTHER GOVERNMENTAL
AGENCY TO ERECT, INFORMATION SIGNS AS 'THEY DEEM
NECESSARY.]
(4) Penalties for violations of this section shall be as set forth in KMC
14.20.260(e).
(5). If any of the provisions of this Code hereby adopted conflict with
the Uniform Sign Code adopted by reference, the provisions of this
Code will prevail.
(6) Signs shall be erected a:n.d maintained plumb, level, and tree and
kept repaired, painted, and maintained.
(7) The Building Official shall determine the area of all signs and
shall classify all signs.
(8) Existing signs for which no permit was obtained: When the owner
of record of a lot or lessee of a lot on which a sign or signs are located
that do not conform to the provisions of this Code has been notified
that such sign or signs are non-conforming, the owner shall make the
sign or signs conforming within ten (10) days from the date of such
notice or remove the sign.
(9) All signs except temporary signs shall be designed according to
the Uniform 'Sign Code.
(10) Relief fi'om any of the provisions of this section may be provided
Page 1 of 7
Added a new section.
by a variance as prescribed under KMC 14.20.180.
(11) A permit issued under the provisions of this section shall become
null and void if the sign erection or other work authorized by such
permit is not commenced within ninety (90) days of the date of
issuance, or if the sign display or work authorized by such permit is
suspended or abandoned for a period of ninety (90) days any time atler
the display or work is commenced.
See Page 1 of Attachment A.
Note: The new code places sections for Prohibited Signs and Allowed Signs
Not Requiring a Permit in sections by zones.
Not permitted in
residential zones.
Some tYPes allowed in
commercial zones.
(b) Prohibited Signs:
(1) No sign shall be erected at any location where by reason of the
position, shape, intensity, or color of such sign it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal or device. No sign shall be attached to any traffic sign or signal
device, or to any public sign or sign post.
(2) No sign other than public signs shall be placed within twenty (20)
feet of any intersection as measured from the nearest intersection of
street fight-of-way lines.
(3) Flashing signs or intermittent illumination are not permitted
except time and temperature, automatic changing message signs and
traditional holiday decorations. Only that part of time and temperature
anc[ changing message signs which contain advertising will be
considered as part of allowable sign area.
(4) Audio signs are not permitted in any zone.
(5) The use of profane or indecent words or illustrations is prohibited.
(6) Beacon signs are prohibited.
Deleted (7) Bench signs are prohibited.
(8) No electrical equipment or electrical apparatus of any kind which
causes interference with radio or television reception shall be used in
the operation of any sign.
(9) Unauthorized signs in any fight-of-way or on City property may
be removed bY the City and disposed of.
Roof signs not allowed
in residential zones.
Allowed at sport~
events.
Added signs placed on
vehicles when used
primarily to display the
sign.
(11) No sign, except roof signs, shall be higher than thirty-two (32)
feet above the adjacent ground or pavement level. No roof sign shall
be higher than eight (8) feet above the roof on which it is placed.
(12) Portable changeable letter electric or non-electric signs are not
permitted except as provided for in KMC 14.20.220(e)(3).
-(13) No~s comn~rcial advert~including
billboards, are allowed in any zone.
Page 2 of 7
Added balloons or
inflatable or gas-filled
figures or signs.
(c) Signs Not Requiring a Permit:
For residential zones
covered under (b) (1)
(B). Commercial
covered under (c) (1)
(L) and (c) (2) (D).
Deleted.
(1) Signs erected on a lot or lots that are fenced or screened so that no
part is visible from a public fight-of-way or another lot are exempt
from this Code.
(2) Political signs may be displayed in any zone except conservation
without permit but must comply with the regulations of this Code. All
political signs shall be removed within two (2) weeks after the date of
the.election that the signs were displayed to promote; provided that
signs erected for any primary election that remain relevant to the
following general election may be maintained until two weeks
following the general election. If, after reasonable notice, such signs
are not removed, the City may remove them, and the candidate,
organization, or person who caused the sign to be erected may be
charged for said removal. (Ord. 1657-95)
(3) Construction signs: During construction, repair, or alteration of a
structure, temporary signs which denote the architect, engineer,
contractor, or builder or which denote the name of the structure and its
use or occupants-to-be may be erected on the construction site. Each
sign shall be thirty-two (32) square feet or less in size and no more
than one such sign shall be permitted for each architect, engineer,
contractor, builder, owner, or denoting the name, use and occupants-
to-be of the structure. Any of these may be combined on one or more
signs but the total square footage of the sign or signs shall not exceed
tha~ set out above. All construction signs shall be removed when the
construction is completed.
(4) Public safety signs exclusively relating to the safety of the public
(e.g., "no parking today," "use covered walkway," "do not enter,"
"danger," "loading zone") may be located as needed for public safety.
Traffic signs may be erected by any governmental agency.
(5) Real estate signs: One sign not exceeding five (5) square feet
adv, ertising the sale, rental, or lease of the building or premises on
which it is maintained.
(6) Signs within a building.
(7) Temporary signs of not more than five (5) square feet may be
displayed in any zone except conservation for one week but must
comply with other pertinent regulations of this Code. Signs advertising
sales, such as "garage," "moving," "yard," "house," or "lemonade"
may be displayed under this section and must have the name, address,
and telephone number of person conducting such sale and must be
dated.
(8) No permit is required for copy changes on a conforming bulletin
board or marquee, for maintenance where no structural changes are
made or for copy changes on signs otherwise in compliance with this
Page 3 of 7
0
Code using interchangeable letters and numbers. ~
(9) A flag or insignia of arty nation, organization of nat~on_ s, state,.
c~ , religious, civic, fraternal organization, or edueationa!
institution except.sucla .~mgs u .
or as an advertising device.
decorations.
the nature of cornerstones, c plaques,
signs, building name, and street number.
Signs Permitte in Resi Zones:
home occul: One sign per use not
Increased to 5 square
feet. exceeding four (4) square feet in area. Such sign shall be no closer
than ten (10) feet to any property line or shall be flat 'against the
building. No lighting is ~ermitted.
or permanent change fie letter
signs located on the premises shall be permitted for churches, schools,
eommtmity centers, and public, charitable, or institutional uses. Unless
otherwise permitted in the zone, such signs shall contain no more than
thirty-two (32) square feet in area. Such signs may be used as wall
sig~s; may be used as ground signs when located a minimum of ten
(! 0) feet from the street lot line; may be indirectly illuminated; and
one such sign shall be permitted for each street frontage.
uses' One sign per use
other ~
not to exceed thirty-two (32) square feet in area for multi-family
dwellings, clubs, professional offices, and other similar uses. Such
sign shall be no closer than ten (10) feet to any property line or shall
be flat against the building.
Increased size to 32 for non-c g uses: gal non-cc g use in a
square feet. residential zone may have one sign per property, unlighted, and no
larger than twenty (20) square feet in area. Such signs shall be flat
against the building or shall be located no closer than ten (! 0) feet to
any line. ARE
Deleted first section. FEET: REAL ESTATE SIGNS ADVERTISING THE SALE OR
LEASE OF TWO ACRES OR MORE, OR FIVE OR MORE
CONTIGUOUS LOTS MAY BE COMBINED INTO ONE SIGN OF
NOT MORE THAN THIRTY-TWO (32) SQUARE FEET. THE
DISPLAY OF SUCH SIGNS SHALL BE LIMITED TO A PERIOD
OF TWO YEARS. PRIOR TO THE EXP~TION THEREOF, THE
APPLICANT MAY REQUEST AN EXTENSION OF NOT MORE
THAN ONE YEAR FROM THE cOMMISSION. THE SIGN
SHALL BE REMOVED UPON THE EXPIRATION OF THE TWO-
YE~ PERIOD OR EXTENSION THEREOF OR WITHIN TWO
WEEKS AFTER THE SALE OF THE PROPERTY.] A permanent
subdivision sign may be placed at one entrance to a subdivision and
may contain only the name of the subdivision. Such sign shall not
exceed thirty-two (32) square feet. Any illumination shall be by
indirect means.
Page 4 of 7
(e) Signs Permitted in Commercial and Industrial Zones:
Increased size to 120
square feet for one
business or 200 square
feet for multiple
businesses. Includes
marquee when
measuring total size.
(1) All signs permitted by this Code, provided that the square footage
of all signs other than wall, marquee, and roof signs shall not exceed a
tot~il of 81 square feet per business. Where there is more than one
business on a premises, a combined sign for all businesses on that
premises shall not exceed 154 square feet.
Provides for roof signs
of 64 square feet for
one business or 128 for
more than one business.
Deleted.
Specifies size for fence
signs of 64 square feet
for one business or 128
for more than one
business.
Deleted~u_nnecessary.
Deleted--Added
banner under signs not
requiting a permit.
Changed that signs *32
square feet do not
require a permit. Signs
>32 square feet require
a permit.
Added sandwich
boards. ~'
(2) Signs may rotate, but must not exceed the square footage set out
above.
(3) A permit may be obtained for temporary use of poriable
changeable letter electric or non-electric signs. The permit shall be
valid for display of such signs for a continuous period of no longer
than seven (7) days. An applicant shall be limited to two permits
during any twelve-month period. Such signs shall comply with all
requirements of this Code.
(4) Fence signs shall be mounted in a plane parallel to the fence or
wall and shall not extend above the top of the fence or wall.
(5) Signs may not project beyond the property line.
(6) Pennant signs shall not exceed eight (8) square feet for each
pennant nor sixteen (16) square feet total per lot.
(7) Real estate signs larger than five (5) square feet shall confrere to
all of the requirements of this Code.
.,
(f) Signs Permitted in the Townsite Historic District Zone: (Ord. 1726-97)
TSH sign requirements (1) Intent. The intent of the Townsite Historic District Zone sign
were added to the standards is to enhance, protect, and preserve the distinctive historical
residential zone section, character of Kenais historic district. It is intended that the signs
express the special character of the district, a style which relates to the
premises, and be of a size that is in scale with the building and
streetscape as a whole.
Page 5 of 7
Signs identifying home occupations' One sign not exceeding four
(4) square feet in area. Such sign shall be no closer than ten (10) feet
to any property line. No lighting is permitted.
(3), Signs for non-conforming, perm/tted and conditional uses' One
sign of thirty-two (32) square feet per free-standing building unless the
sign is a wall sign in which case it shall not be greater than ten percent
(10%) of the area of the wall to which it is connected, attached or
painted on, or thirty-two (32) square feet, whichever is less. Lighting
shall be by indirect means.
(4) Portable, changeable electric or non-electric signs are not
permitted.
(5) Roof signs are not permitted.
(6) Electric signs are not permitted.
(g) Si~ermitt-~ in the Conservation Zone:
Modified ~gn shall be permitted in a conservatmn zone excep signs erected
b~_the City of~Kenai. ~ ~
(h) Specific Definitions Pertaining to Signs:
(1) "Applicant" means any for-profit or non-profit enterprise, or
organization, or any individual not acting on behalf of such an
enterprise or organization.
(2) "Audio s'--ign" mean~ a noise or---sound, either
spoken words, music, or singing.
Added Banner.
Deleted.
(3) ,,~s a lig~eams capable of
being directed in any direction or directions or capable of being
revolved.
(4) "Bench sign" means any s~~'~ painted on or attached to a seat,
chair, or bench, any of which are visible to the public.
(5) "Combination sign" means a sign incorporating any combination
of the features of pole, projecting, and roof signs.
(6) "Curb line" means the line at the face of the curb nearest to the
street or roadway. In the absence of a curb, the curb line shall be
·
established by the City Engineer.
(7) "Display surface" means the area made available by the sign
strdcture for the purpose of displaying the advertising message.
.8) "Electric sign" means any sign containing electrical wiring, but
does not include signs illuminated by an exterior light source.
(9) "Fence sign" means a sign displayed upon fences or upon walls
that are not an integral part of a building or walls that are used as
fences.
(10) "Fin sign" means a sign which is supported wholly by a building
or partly by poles and partly by a building.
~ ~ "Ground sign" means a sign which i-~ supported by one or more
uprights, poles, or braces in or upon the ground other than a
combination sign, fin sign, or pole sign as defined by this Code.
" lne" means a hne estabhshed
(12) Legal setback 1' ' ' by ordinance
beyon_____~_d whi._._ch a b______uilding may not be built. A legal setback line may be
Page 6 of 7
Deleted.
a property line.
(13) "Marquee" means a permanent weatherproof structure attached
to and supported by a building and projecting from the wall of the
building.
(14) "Pennant sign" means a sign constructed of flexible material,
such as cloth, which moves, upon being subjected to pressure by the
wind.
(15) "Pole sign" means a sign wholly supported by a sign structure in
~e ~round.
(16) "Political sign" means a sign promoting a candidate for political
office, promoting any political position, opinion, or promoting any
position on a ballot proposition.
"Portable display surface" means a display surface temporarily
fixed to a standardized advertising structure which is regularly moved
from structure to structure at periodic intervals.
(18) "Portable sign" means a sign other than a tempora~-y si?n that is
not attached to any building or structure. It may readily be moved
from one location to another. It is designed to rest on the ground when
displayed and may be with or without its own wheels. It may or may
not..be lighted.
(19) "Projecting sign" means a sign other than a wall siga, which
projects form and is supported by a wall of a building or structure.
(20) "Real estate sign" means a sign advertising the sale, lease or rem
of one or more lots or acreage or the improvements thereon by a real
estate company or individual licensed by the State of Alaska.
(21) "Roof sign" means a sign erected upon or above a roof or parapet
of a building or structure.
(22) "Sign" means any words, letters, parts of letters, figures,
numerals, phrases, sentences, emblems, devices, trade names, or trade
marks by which anything is made known, such as are used to
designate an individual, a firm, an .association, a corporation, a
profession, a business, or a commodity or product which are visible
from any public street or highway and used to attract attention.
(23) "Sign structure" means a structure which suppress or is capable
of supporting any sign as .defined in this Code. A sign structure may
be a single pole or poles and may or may not be an integral part of a
building.
(24) "Temporary sign" means any sign, banner, permant, valance, or
advertising display constructed of cloth, canvas, light fabric,
cardboard, wall board, or other light materials, with or without frames,
designed to be displayed for a limited period of time only.
(25) "Wall sign" means any sign attached to, painted on, or erected
against the wall of a building or structure, with the exposed face of the
si~ in a plane parallel to the plane of the said wall.
Page 7 of 7
MEMORANDUM
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
TO:
FROM:C~'~
DATE'
I~:
Mayor John Williams and City Council Members
Cary R. Graves, City Attorney
February 15,2001
Proposed Sign Code
A couple of issues have come up regarding the proposed sign code.
The first one involves off-premises commercial advertising. The question is whether including messages
for non-profits on an automatic changing message sign in a commercial zone would be allowable under
the new sign code. An example would be Three Bears putting up an automatic message regarding the
Boys and Girls Club or 4-H.
Automatic changing message signs are allowed in commercial and industrial zones under the new sign
code. See proposed KMC 14.20.220(c)(3)(I). Proposed KMC 14.20.220(c)(3)(N) prohibits "off premises
commercial advertising" in'commercial and industrial zones. In my opinion, putting a message for a non-
profit group on an automatic changing message sign would not be commercial advertising unless the non-
profit paid a fee for the advertising.
II.
The second issue concerns proposed substitute KMC 14.20.220(a)(11). That section reads in part, "City
of Kenai or any other governmental agency off premises public informational signs or public
informational signs not othenvise in compliance with this section may be allowed by variance under
KMC 14.20.180" (emphasis added). The wording in bold was added by the Commission to an
amendment proposed by Council Member Bannock. It changed the intent of the section from controlling
city signs to attempting to also control state and federal signs.
We do not have the authority to regulate signs put up by state and federal agencies without their consent.
State Department of Corrections v. Johnson, 2 P.2d 56, 58 (Alaska 2000)(Municipal building code
applicable to state only because state consented by statute). Thus, the phrase in bold is unenforceable
without the consent of the governments involved.
Please let me know if you have any questions regarding this memorandum.
CRG/sp
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1894-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 14.20.105(i) (TOWNSITE HISTORIC (TSH) ZONING DISTRICT) TO REFLECT A
CHANGE IN THE NUMBERING OF THE NEW SIGN CODE KMC 14.20.220 WHICH IS
REFERENCED IN KMC 14.20.105(i).
WHEREAS, KMC 14.20.105(i) states that the signs in the Townsite Historic Zoning
District (TSH) are allowed as set forth in KMC 14.20.220(f) (Signs and advertising
devices); and ~
WHEREAS, the numbering of the new side code KMC 14.220 (Signs) is different than
the old sign code; and
WHEREAS, the reference in KMC 14.20.105(i) should be changed to reflect the
numbering in the new sign code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
Alaska, that KMC 14.20.105(i) is amended as follows:
(i) Signs. Signs shall be allowed as set forth in KMC 14.20.220[F] iiil.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March,
2001.
ATTEST:
John J. Williams, Mayor
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February 7, 2001
March 21,2001
April 21,2001
Suggested by: Admink
CITY OF KENAI
ORDINANCE 1~IO. 1900-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING
THAT CERTAIN CITY-OWNED LAND DESCRIBED AS BLOCK 3, FIVE IRONS
HEIGHTS SUBDIVISION, CONSISTING OF 4.391 ACRES, AS SHOWN ON THE
ATTACHED EXHIBIT A, IS NOT REQUIRED FOR A PUBLIC PURPOSE.
WHEREAS, the City of Kenai received title to this property frOm the State of Alaska
in 1966; and
WHEREAS, the City has received a request asking that the referenced property be
made available for sale; and
WHEREAS, sale would be by competitive bid at not less than the fair market value;
and
WHEREAS, KMC 22.05.010 requires that the Council determine whether certain
City-owned properties are needed for a public purpose, stating, "Disposal or sale of
lands shall be made only when, in the judgment of the City Council, such lands are
not required for a public purpose."; and
WHEREAS, after review by the Planning and Zoning Commission and the City
Administration, it is recommended that the property identified on the attached
Exhibit A be made available for sale.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that certain City-owned lands described as Block 3, Five Irons Heights
Subdivision, consisting of 4.391 acres, as shown on the attached Exhibit A, is not
required for a public purpose.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of March
2001.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
(2/21/2001)kh
Introduced:
Adopted:
Effective:
March 7, 2001
March 21,2001
April 21,2001
bi S~bllA/tS
,
'N,I H~nEIHS)!
'.LS )laVd
Exhibit 'A'
Z
'N'I QOON~NId
· :aa J.I-I~)I'I:I'iQNVO
Z
LU
Suggested by: Administrati~m
City of Kenai
ORDINAl/CE NO. 1901-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $4,607,137
IN THE ARFF/SRE CAPITAL PROJECT FUND.
WHEREAS, past appropriations to this project total $1,004,072.30; and
WHEREAS, the site work portion of the project is complete and the City now
desires to construct the building and associated work; and
WHEREAS, the FAA has indicated they will participate with 93.75% of the
funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations be increased as
follows'
Taxiwa¥ Extension North Capital Proiect Fund
Increase EStimated Revenues: Federal Grant
Transfer from Airport Land System
$4,319,191
287,946
4,607,137
Increase Appropriations'
Engineering
Construction
$ 250,000
4,357,137
$4,607,137
Airport Land System Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$287,94'6
Increase Appropriations:
Land-Transfer to Capital Project
$287,946
Ordinance No. 1901-2001
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21~t day of
March, 2001.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
March 7, 2001
March 21,2001
March 21,2001
Approved by Finance:
(03 / 02 / 2001) jl
SUBSTITUTE
Suggested by: Administration
City of Kenai
ORDIN~CE NO. 1901-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $4,130,973.70 IN THE ARFF/SRE
CAPITAL PROJECT FUND.
WHEREAS, past appropriations to this project total $1,004,072.30; and
WHEREAS, the site work portion of the project is complete and the City now desires to
construct the building and associated work; and
WHEREAS, the total project cost is estimated to be $4,935,046; and
WHEREAS, appropriating a contingency of $200,000, initially funded by the Airport
Land System Special Revenue Fund, is appropriate for this project; and
WHEREAS, the FAA has indicated they will participate with 93.75% of the funding as
follows:
2000 Entitlement 8/1 / 2000
Discretionary 3 / 2001
2001 Entitlement 3 / 2001
2002 Entitlement (when available after 10 / 2001)
$ 671,853.00
1,900,000.00
1,333,956.00
720,796.00
$4,626,605.00
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
Airport Land System Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
Increase Appropriations:
Land-Transfer to Capital Project
$176:201.70
$176:201,70
ARFF/SRE Capital Proiect Fund
Increase Estimated Revenues:
Federal Grant
Transfer from Airport Land System
Increase Appropriations'
Administration
Engineering
Construction
$3,954,772.00
176,201.70
$4:130:973,70
$ 184,018.00
295,549.00
3,65'1,406.70
$4.130.973.70
· ,
Ordinance No. 1901-2001
Page Two
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March,
2001.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
March 7, 2001
March 21,2001
March 21,2001
Approved by Finance:
(03/14/2001) jl
Suggested by: Administration
City of Kenai
RE~OLUTION NO. 2001-18
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
REQUESTING FY 02 SAFE COMMUNITIES FUNDING FROM THE
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT.
WHEREAS, AS 29.60.350(b) requires the governing body of a municipality to
adopt a resolution requesting safe communities funding and to submit the
resolution to the Department of Community and Economic Development; and
WHEREAS, the City of Kenai is desirous of receiving safe communities funding;
and
WHEREAS, AS 29.60.350(c) requires that money received by a municipality
under the safe communities program be used only for the following services in
the following ranking of priority:
le
2.
3.
4.
5.
Police protection and related public safety services;
Fire protection and emergency medical services;
Water and sewer services not offset by user fees;
Solid waste management;
Other services determined by the governing body to have the
highest priority.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that it requests, through this resolution, payment from the FY
02 sate communities program by the Department of Community and Economic
Development and agrees to spend such payment as required by law.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21 st day of
March, 2001.
ATTEST:
JO HN J. WILLIAM S, MAYO R
Carol L. Freas, City Clerk
Approved by Finance: ~
03 / 02 / 2000) jl
Suggested by: Administ-,,~,,,,.,
CITY OF KENAI
RESOLUTION NO. 2001-19
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROVING A
CONTRACT TO G & S CONSTRUCTION, INC. FOR THE PROJECT ENTITLED KENAI
AIRPORT ARFF/SRE FACILITY - 2001 FOR THE TOTAL AMOUNT OF $3,716,383.
WHEREAS, the following bids were received on March 9,2001'
Bidder
Schedule A
Building
$3,612,428.17
Ahtna Enterprises Corporation
Blazy Construction
Schedule B
Earthwork &
Paving
$103,954.83
Total A ~ B
$125,939.00
G & S Construction, Inc. $3,716,383.00
Zubeck, Inc. $4,519,000.00 $113,948.50 $4,632,948.50
Dawson Construction, Inc. $3,683,445.00 $115,554.76 $3,798,999.76
$3,885,000.00
Engineer's Estimate
$4,010,939.00
$4,077,511.00 $122,928.40 $4,200,439.40
$4,293,163.00
$129,675.00
$4,422,838.00
;and,
WHEREAS, G & S Construction, Inc.'s bid is the lowest responsible bid and award to
this bidder would be in the best interest of the City; and,
WHEREAS, this resolution is contingent upon FAA funding and apprOval; and,
WHEREAS, the recommendation from the Administration is to award the contract to
G as S Construction, Inc. for the total cost of $3,716,383; and,
WHEREAS, sufficient monies have been appropriated by Ordinance 'No. 1901-2001.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract for the project entitled Kenai Airport ARFF/SRE Facility be
awarded to G & S Construction, Inc. for the total amount of $3,716,383.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of March
2001.
ATTEST:
JOHN J. WILLIAM S
Carol L. Freas, City Clerk
Approved by Finance: ,r~
CITY OF KEI~IAI
RE~OLUTIOBI 2001-20
SuggeSted by: Administr~
A RESOLUTION OF THE couNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A
CONTRACT FOR CONSTRUCTION ADMINISTRATION SERVICES ON THE PROJECT
ENTITLED KENAI AIRPORT ARFF/SRE FACILITY TO RIM ARCHITECTS FOR THE
NOT-TO-EXCEED AMOUNT OF $276,698.
WHEREAS, this contract is to provide construction administration services; and,
WHEREAS, the contract award is contingent upon FAA approval and funding; and
WHEREAS, the Council of the City of Kenai has determined that the award to RIM
Architects would be in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the contract for Construction Administration Services for the project
entitled Kenai Airport ARFF/SRE Facility be awarded to RIM Architects for the not-to-
exceed amount of $276,698.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of March
2001.
ATTEST:
JOHN J. WILLIAMs, MAYOR
Carol L. Freas, City Clerk
Approved by Finance' A~
COUNCIL ON AGING
March 12, 2001
10:00am
Call Meeting to Order
Agenda Approval
Minutes from Prior Meeting
Scheduled Public Comment:
Old Business:
1. Assisted Living Proposal
2. Senior Computer Lab
New Business:
1. Election of Offic~
2. Rising Meal Costs
3. Sister Senior Center
Persons Wanting to be Heard:
COUNCIL ON AGING ANNUAL MEETING
10:00 A.M.
MARCH 12, 2001
KENAI SENIOR CENTER
ITEM 1' CALL TO ORDER/h ROLL CALL
,,
·
Vice Chairman Jurgensen called the meeting to order at 10' 1 1 a.m. and the roll was
taken as follows:
Present:
Absent:
Others Present:
Hollier, Fields, Jurgensen, Huddleston and Wilson
Meeks, Enfield, Jones and Nelson
Councilwoman Porter; City Clerk Freas; Senior Director Kelso;
Sylvia Johnson
ITEM 2'
AGENDA APPROVAL
MOTION:
Member Huddleston MOVED to accept the agenda as presented and Member Hollier
SECONDED the motion. There were no objections. SO ORDERED.
ITEM 3'
APPROVAL OF MINUTES -- November 7, 2000
,,
Jurgensen questioned the first paragraph on Page 2 and asked for clarification.
Because there was some confusion in regard to the comment, it was suggested the
sentence be struck from the minutes.
MOTION:
Member Hollier MOVED to strike the last sentence in the first paragraph of Page 2 and
Member Huddleston SECONDED the motion. There were no objections. SO
ORDERED.
MOTION:
Member Hollier MOVED to approve the amended minutes of the November 7, 2000
Council on Aging meeting and Member Huddleston SECONDED the motion. There
were no objections. SO ORDERED.
ITEM 4:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 5'
OLD BUSINESS
Discussion -- Assisted Living Proposal
Councilwoman Porter explained that when she reported on the November Council on
Aging meeting with the Kenai City Council, she mentioned grant applications would
come available throUgh the State to fund feasibility studies for proposed assisted living
feasibility facilities. Porter reported, the Council was very interested in the possibility
of grant fund availability and suggested that when the grant applications become
available, the city should investigate requesting funds. Jurgensen requested the item
be included on the next meeting agenda for additional discussion.
Director Kelso reported she recently spoke with Leo Grasso, who had hoped to develop
an assisted living facility in Kenai several years ago, and learned he was currently
working with an Aleutian Native group to develop a facility which he felt was very
promising.
Discussion -- Senior Computer Lab
Kelso reported Phillips Petroleum donated six computers, keyboards and mice for the
seniors' use at the Center. She noted the city had built the work space to house the
computers and she was making contacts for monitors to be donated as well. Kelso
also reported she had discussed the possibility of a free intemet line with Alaska
Communications. She added, it had been a slow process, but it was moving along.
ITEM 6:
NEW BUSINESS
Election of Officers
MOTION:
Member Hollier MOVED to keep the same slate of officers as was elected last year
'{Jones as Chair and Jurgensen as Vice Chair) and Member Fields SECONDED the
motion. There were no objections. SO ORDERED.
Discussion-- Rising Meal Costs
Kelso explained the food prices were rising and the Center's budget funds were
depleting. The requested $3.00 donation did not begin to cover the costs of a meal.
Other area senior centers had already raised the price of the requested donation to
$4.00. She asked if the membership wished to increase their request for meal
donation to $4.00.
MOTION:
Member Fields MOVED to change the meal cost to $4.00 and Member Hollier
SECONDED the motion.
Discussion followed in which the following was noted'
· There would be some users who would be alarmed the cost would be
higher, but it was thought the dollar increase was not unreasonable.
COUNCIL ON AGING ANNUAL MEETING
MARCH 12,2001
PAGE 2
· Some users who had been coming because the meal donation was less at
the Kenai Senior Center may decide to go back to their prior Center since the meal
donation price would be the same.
· If a person cannot afford the donation, they would still be able to get a
meal.
· The last time the cost of the donation was raised to $3.00, there was no
opposition.
It was noted, meals had been offered at the Senior Center since 1977 and the original
cost for a meal was 25 cents.
VOTE:
There were no objections. SO ORDERED.
Kelso noted, the donation price would be raised as soon as a new sign is prepared. It
was asked if the donation price for visitors to the Center would also be raised.
Discussion followed and it was agreed that if the members needed to pay an increased
meal donation, then the cost for visitors should be raised as well.
MOTION:
Member Fields MOVED to raise the donation cost for meals at the Senior Center to
$4.00 and $8.00. Member Huddleston SECONDED the motion. There were no
objections. SO ORDERED.
Discussion -- Sister Senior Center
Kelso explained she received correspondence from a senior center situated outside of
New York City who stated their interest in developing a sister-center relationship with
the Kenai Senior Center. The New York Center sent a box with a videotape of their
facility, crafts they make, pins, newsletter, etc. They are interested in exchanging
information, i.e. fund raising ideas, Center activities, etc. Kelso asked if a senior
would be interested in taking on the project, but warned it could be a time-consuming
project.
Hollier suggested talking with seniors to see if some of the newer members would be
interested in taking on the project. Sylvia ,Johnson offered her assistance.
MOTION:
Member Fields MOVED to appoint Sylvia Johnson to develop a sister-center
relationship with the New York senior facility and Member Wilson SECONDED the
motion. There were no objections. SO ORDERED.
COUNCIL ON AGING ANNUAL MEETING
MARCH 12, 2001
PAGE 3
Member Hollier left the meeting at 10'35 a.m.
ITEM 7'
PERSONS WANTING TO BE HEARD -- None.
ITEM 8'
ADJOURNMENT
MOTION:
Member Huddleston MOVED to adjourn and Member Fields SECONDED the motion.
There were no objections. SO ORDERED.
The meeting adjourned at approximately 10'37 a.m.
Minutes transcribed and prepared by'
Carol L. Freas, City Clerk
COUNCIL ON AGING ANNUAL MEETING
MARCH 12, 2001
PAGE '4
ITEM 1'
ITEM 2:
ITEM 3'
ITEM 4:
ITEM 5'
ITEM 6:
ao
b.
Co
ITEM 7:
a,
ITEM 8'
ITEM 9'
ITEM 10:
a,
ITEM 11'
KENAI AIRPORT COMMISSION
MARCH 8, 2001
Kenai City Council Chambers
7:00 P.M.
***AGENDA***
CALL TO ORDER AND ROLL CALL
AGENDA APPROVAL
APPROVAL OF MINUTES - February 8, 2001
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
NEW BUSINESS
Recommendation -- Special Use Permits for DNR/Division of Forestry
1. Aircraft Loadin§ and Parking
2. Stalin§ Site
Discussion -- Airport Bulletin/Aircraft Parking
Recommendation -- Lease Application/State of Alaska, Division of
Forestry
REPORTS
Commission Chair
Airport Manager
City Council Liaison
COMMISSIONER COMMENTS AND QUESTION.~
PERSONS NOT SCHEDULED TO BE HEAl, r)
INFORMATION ITEMS
Kenai City Council Meeting Action Agendas for February 7 and 21, 2000.
Update memorandums regarding Foreign Trade Zone Project.
FAA Airports Division, Airport News From The Last Frontier.
ADJOURNMENT
KENAI AIRPORT COMMISSION
MARCH 8, 2001
Kenai City Council Chambers
7:00 P.M.
CHAIR HENRY KNACKSTEDT, PRESIDING
MINUT~
ITEM 1'
CALL TO ORDER AND ROLL CALL
Chairman Knackstedt called the meeting to order at 7:05 p.m. The roll was taken and
confirmed as follows'
Present:
Absent:
Others Present:
Public'
Haralson, Knackstedt, Bielefeld, Kleidon
Holloway, Van Zee, O ~Reilly
Councilman Frazer, Airport Manager Cronkhite, Scott Walden
(Kenai Fire Department), and Contract Secretary Shalev
Tom Marok (Division of Forestry)
ITEM 2'
AGENDA APPROVAL
MOTION:
Knackstedt requested the Commission approve the agenda with the inclusion of the
replacement map (Item 6a-1) and to move Item 6-c to be heard as Item 6a-3~
There were no objections.
ITEM 3:
APPROVAL OF MINUTES - February 8,2001
MOTION:
Commissioner Haralson MOVED to approve the minutes of February 8,2001 as
presented and Commissioner Bielefeld SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD --None
ITEM 5:
OLD BUSINESS--None'
ITEM 6'
NEW BUSINESS
Recommendation -- Special Use Permits for DNR/Division of Forestry
AIRPORT COMMISSION MEETING
MARCH 8,2001
PAGE 2
6-a-1.
Aircraft Loading and ParkinE
Airport Manager Cronkhite provided the Commission with a brief overview of what the
Division of Forestry is requesting and terms and conditions of special use permits. She
noted, the aircraft loading and parking permit is a short term, temporary permit
intended to provide space for a Division of Forestry fire-fighting aircraft that can service
the Kenai Peninsula, Kodiak, Tyonek, and the Anchorage bowl area in the event of a
fire or emergency. Palmer is the central location for the Division of Forestry fire planes.
The aircraft will remain in Palmer unless the Peninsula area is on high-fire alert.
Cronkhite assured the Commission the loading and parking sites would not block or
interfere with regular airport activity and the tower will be apprised of any changes.
6-a-2. Staging Site
The staging site area is a short-term, temporary permit intended to provide space for a
loading tanker with fire retardant.
MOTION'
Commissioner Haralson MOVED to recommend approval of the Special Use Permits
and Commissioner Bielefeld SECONDED the motion. There were no objections. SO
ORDERED.
6-a-3.
Lease Application/State of Alaska, Division of Forestry
A period of discussion tOok place regarding various aspects of the lease application
requested by the Division of Forestry. The Commission discussed and reviewed the
request and found it to be in compliance with the Airport Master Plan. Tom Marok of
the Division of Forestry provided the Commission with the following reasons Kenai was
considered a desirable location for the Division of Forestry to base their operation:
· Kenai Airport allows instrument approaches.
· Good fuel availability.
· Kenai has better controlled air space than Soldotna.
· Good water availability.
· The Kenai Peninsula has large amounts of dead spruce creating high fire-
hazard conditions.
MOTION:
Commission Kleidon MOVED to recommend the lease application for consideration by
the Kenai City Council for approval as the application is in compliance with the Airport
Master Plan. Commissioner Haralson SECONDED the motion. There were no
objections. SO ORDERED.
Discussion -- Airport Bulletin/Aircraft Parking
AIRPORT COMMISSION MEETING
MARCH 8, 2001
PAGE 3
Cronkhite explained the airport currently does not have a parking plan and informed
the Commission the issue would be investigated in the near future. She requested
ideas the Commission may have to this regard.
ITEM 7_i: REPORTS
7-a. Commission Chair-- None
7-b. Airport Manager- - Cronkhite reported on the following:
. The Local Radar letter will be sent to City Council for review.
The airport had not received any new information from the Collings
·
FoUndation. Cronkhite stated she would appreciate any new ideas ~r~ an, mr The
show/display. A general discussion took place regarding shows aha aispiays.
Commission would like to arrange air shows/static displays as an annual event that
could possibly be held in conjunction with the Kenai River FestivE. For now,
Cronkhite stated she would get in touch again with the Collings Foundation and
various other organizations, i.e. The Confederate Air Force, to get some information
and feedback.
. Any suggestions for an airport logo would be appreciated.
· Cronkhite stated she would like the airport to provide better' service for
corporate jets.
,Cronkhite expressed her appreciation to Kenai Airport Fuel Service for providing
excellent service. She stated the availability of fuel helped the Division of Forestry
determine Kenai to be a good location for the fire prevention program.
7-c. City Council Liaison -- Councilman Frazer reported on the council had
approved the carpet, tiles, and furniture for the airport renovation.
-- None.
ITEM 8~:
- -- None.
ITEM 9'
ITEM 10' INFORMATION ITEMS
Kenai City Council Meeting Action Agendas for February 7 and 21, 2000.
Update memorandums regarding Foreign Trade Zone Project.
FAA Airports Division, Airport News From The Last Frontier.
10-a.
10-b.
10-c.
ITEM 11'
ADJOURNMENT
M~OTION~
Commissioner Haralson MOVED to adjourn and Commissioner Kleidon SECONDED
the motion. There were no objections. SO ORDEI~D.
AIRPORT COMMISSION MEETING
MARCH 8,2001
PAGE 4
The-meeting adjourned at approximately 8:40 p.m.
Minutes transcribed and prepared by'
Sharon Gaudet Shalev, ContraCt Secretary
AIRPORT COMMISSION MEETING
MARCH 8,2001
PAGE 5
KENAI HARBOR COMMISSION MEETING
MARCH 12, 2001
KENAI COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1'
.
ITEM
ITEM 3:
ITEM 4:
ITEM 5'
ITEM 6:
a.
ITEM 7:
ae
ITEM 8:
ITEM 9'
Ce
ITEM 10:
CALL TO ORDER/h ROLL CALL
AGENDA APPROVAL
APPROVAL OF MINUTES -- February 12,2001.
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
NEW BUSINESS
Discussion -- 2001 Goals & Objectives
Discussion -- Resolution No. 2001-12 Supporting HB93 "Kenai Dip Net
Fishery Permit Fee."
REPORTS
Director
Dock Foreman
City Council Liaison
Scrapbook Information
COMMISSIONER COMMENTS/OUESTIONS
INFORMATION
Kenai City Council Action Agendas of February 7 and 21,2001.
Project Breakdown/City of Kenai Capital Improvement Project Request for
State of Alaska Dip Net fishery Projects.
Aquatic Farm Structures -- General Permit
Updated Membership List
ADJOURNMENT
KENAI HARBOR COMMISSION MEETING
MARCH 12, 2001
KENAI COUNCIL CHAMBERS
7:00 P.M.
·
MINUTES
ITEM 1'
CALL TO ORDER/h ROLL CALL
,,
Chairman Tom Thompson called the meeting to order at 7'00 p.m.
Members Present: Katie Peters, Ray Price, George Spracher, Tom Thompson, ChUck
Rogers (arrived at 7'06)
Members Absent:
Barry Eldridge
Others Present: Councilman Jim Bookey, Public Works Manager Keith Komelis,
Contract Secretary Barb Roper
ITEM 2: AGENDA APPROVAL
MOTION:
Commissioner Price MOVED to approve the agenda. The motion was SECONDED by
Commissioner Peters. There were no objections. SO ORDERED.
ITEM. 3:
APPROVAL OF MINUTES -- February 12,2001 .
MOTION:
Commissioner Price MOVED to approve the Minutes of February 12,2001.
SECONDED the motion. There were no objections. SO ORDERED.
Peters
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None
ITEM 5'
OLD BUSINESS -- None
ITEM 6'
NEW BUSINF~S
Discussion -- 2001 Goals & Objectives
The Commission reviewed the 1994 short and long-term Objectives which were
included in the packet. Komelis gave a status report on each item and it was noted
the short-term items had been achieved. Discussion took place regarding new goals
and objectives. It was suggested that Item 1 of the long-term goals (explore the
possibility of developing a commercial-leased area, either for yardage or buildings) be
moved up to short-term and made Item 1. Several items were recommended to be
added to long-term objectives.
MOTION:
Commissioner Peters MOVED to add the following items to the long-term objectives in
the order listed. Commissioner Rogers SECONDED the motion.
Kenai Coastal Trail
New Dock Access Road
New Launch Ramps
Dock Area Paving
Develop access to the south side of the Kenai River.
Item 5 is a separate item from 2 through 4.
VOTE:
There were no objections. SO ORDERED.
The Commission decided to again add this item to the agenda for the next meeting for
additional discussion and possibly more additions or changes to the short-term goals.
Discussion -- Resolution No. 2001-12 Supporting HB93 "Kenai Dip Net
Fishery Permit Fee."
Komelis explained the item was placed on the agenda for discussion purposes only as
the item had already been passed by Council and was forwarded to Juneau for
discussion. '
Discussion took place on how the funds from this program would be utilized and.
whether or not those funds could be used for the dip net fishery. Councilman Bookey
stated the money would go into the State's general fund and it would be difficult for
any to be funneled back to the Kenai River dip net fishery. Bookey added that any
changes to this procedure could be presented to the legislature but it would take this
Commission and City Council to bring it to them.
Thompson stated he reviewed the proposed bill and felt the tax would not solve the
current problems. Thompson added, the bill did not focus on the problems of the
fishery, which is overcrowding on the river. Discussion took place on the City charging
a fee and it was noted that it could not be done.
ITEM 7: REPORTS
HARBOR COMMISSION MEETING
MARCH 12, 2001
PAGE 2
?-a. Director -- Komelis stated he had received a few calls from the public
asking when the dock would be open and explained it was still early and the road had
not yet been plowed out.
Dock Foreman -- No report.
7-c. City Council Liaison -- Bookey reported the following:
· The bike path route discussions continue and the State was adamant the
path would not go across the fiats as proposed by the City. Discussion took place on
various route alternatives.
· BUdget hearings will be begin in April.
are welcome.
//te.rapbook Information -- Peters reminded the Commission that photos
ITEM 8:
COMMISSIONER COMMENTS/OUESTIONS -- NOne
ITEM 9:
INFO~TION
9-a. Kenai City Council Action Agendas of February 7 and 21,2001.
9-b. Project Breakdown/City of Kenai Capital Improvement Project Request for
State of Alaska Dip Net fishery Projects.
9-c. Aquatic Farm Structures -- General Permit
9-d. Updated Membership List
It was noted the next meeting is scheduled for April 9,2001.
ITEM 10:
ADJOIJRNMENT
MOTION:
Commissioner Peters MOVED to adjourn. There were no objections. SO ORDERED.
'The meeting adjourned at 7'55 p.m.
Respectfully submitted,
Barbara L. Roper, Contract Secretary
HARBOR COMMISSION MEETING
MARCH 12, 2001
PAGE 3
iTEM 1'
ImNAI Lmmmv COMMISSION
KENAI COMMUNITY LIBRARY ACTMTY ROOM
MARCH 6, 2001
7:30 P.M.
AGENDA
CALL TO ORDER/h ROLL CALL
ITEM 2:
, ,
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MINUTES -- Feb'mary 6,2001
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5'
REPORTS
Director
Friends of the Library
City Council Liaison
ITEM 6'
a.
OLD BUSINESS
Discussion -- Library Expansion Funding
ITEM 7:
NEW BUSINESS
ITEM 8:
COMMISSIONER COMMENTS/QUESTIONS
ITEM. 9'
INFORMATION
,,
Kenai City Council Action Agendas of February 7 and 21,2001.
ITEM 10'
ADJOURNMENT
I NAI LIBBY COMMISSION
KENAI COMMUNITY LIBRARY ACTMTY ROOM
MARCH 6, 2001
7:30 P.M.
CHAIRMAN PETERS, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER & ROLL CALL
Chairman Peters called the meeting to order at 7:30 p.m. and the roll was confirmed as
follows'
Present:
Absent:
Others Present:
Rodes, Peters, Amen, Brown
Heus, Brenckle, DeForest
Library Director Jankowska, Contract Secretary Shalev
ITEM 2:
AGENDA APPROVAL
MOTION:
Commissioner Brown MOVED to approve the agenda as presented. Commissioner
Amen SECONDED the motion. There were no objections, ilO ORDERED.
ITEM 3'
APPROVAL OF MINUTES -- February 6,2001
MOTION:
Commissioner Brown MOVED to approve the minutes of February 6,2001 as
presented. Commissioner Amen SECONDED the motion. There were no objections.
SO ORDERED.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD -- None
ITEM 5' REPORTS
Director- -Director Jankowska reported on the following:
· A section of the library was rearranged to provide a larger area for
LIBRARY COMMISSION MEETING
MARCH 6, 2001
PAGE 2
juvenile fiction.
Two mystery authors spent two days at local schools and at the library
teaching writing skills and providing tips and advice on mystery writing.
Status of budgetary_ requests:
· $10,000 in communications was rejected from the budget request. This
amount may be covered by a grant by E-Rate, though this funding is uncertain.
· $5,000 request for computer upgrades for staff was not approved for
council review.
· Requested computer server was approved for council review.
· Requested administrative position upgrade from part-time to full-time
regular was approved for council review.
5-b. Friends of the Library-- Commissioner Brown reported on the following:
· There are currently 132 Friends of the Library members; 26 are lifetime
members.
· Friends of the Library enacted a raise in yearly dues to $10.00 per year.
· The next Writer's Night will be March 15,2001 at KVCB. A sign-up sheet
for those interested in bringing refreshments will be available at the library.
· The Friends of the Library have established a yearly budget to which they
will adhere.
5-c. City Council Liaison -- None
ITEM 6'
OLD BUSINESS
Discussion-- Library Expansion Funding
The Library Commission discussed various issues involving the library expansion and
possible funding and city bond issues.
ITEM 7:
REW BUSINESS -- None
ITEM 8:
COMMISSIONER COMMENTS/OUESTIONS -- None
ITEM 9: INFO~TION
-a.
Kenai City Council Action Agendas of February 7 and 21,2001.
LIBRARY COMMISSION MEETING
MARCH 6,2001
PAGE 3
ITEM 10:
,,
ADJOURNMENT
MOTION:
Commissioner Brown MOVED to adjourn and Commissioner Amen SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at 8:30p.m.
Minutes transcribed and prepared by:
·
Sharon Gaudet Shalev, Contract Secretary
LIBRARY COMMISSION MEETING
MARCH 6, 2001
PAGE 4
REPORT FOR FEBRUARY, 2001
CIRCULATION Adult Juvenile
Fiction 1933
Non-Fiction 1727
Periodicals 57
Cassettes Intemet Access CDs Kits
189 595 -- 8
Total Printed Materials ................ 5994
Total Circulation ....................7848
316
301
Misc.
Easy Books
1303
357
Puzzles
7
Videos
1009
ADDITIONS Docs Adult Juvenile
Easy Books
AV
CdRs 5 - .- 10
Purchases 39 9 8 1
Total Additions ...................... 72
· INTERLI]3RARY LOANS
Ord er ed Received Returned
Books 25 17 22
INTERLIBRARY LOANS BY OUR LIBRARY ............ 90
INTERNET USE ...........................................595
VOLUNTEERS
Number .....13
Total Hours ..... 159
INCOME
Fines and Remal Books
Xerox
Lost or Damaged Books
$1,303.89
234.35
136.94
Total' Income for February, 2001 ............$1,675.18
Library Cards IsSUed February, 2001
Kenai
29
Kasilof
'Homer
Nikiski
ll
Seward
Soldotna
21
Sterling
Other
12
Total
78
Library Patronage ....
Adult Programs ........
Childrens' Programs...
6,476 Persons 61 Persons.
94 Persons
KENAI PARKS & RECREATION COMMISSION
MARCH 1, 2001
CITY HALL COUNCIL CHAMBERS
7:00 P.M.
AGENDA
ITEM 1:
CALL TO ORDER/h ROLL CALL
ITEM 2:
AGENDA APPROVAL
ITEM 3:
APPROVAL OF MINUTES - February 1,2001
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5:
OLD BUSINESS
ao
DiscuSsion -- Summer 2001 Park Maintenance and Development Goals
bo
Discussion -- Skateboard Park/Design and Equipment
ITEM 6:
NEW BUSINESS
a. Discussion -- Kenai Multipurpose Facility/Refrigeration Alternatives and
Considerations.
ITEM 7: REPORTS
a. Commission Chair
b. Director
c. City Council Liaison
ITEM 8:
COMMISSION ~)UESTIONS & COMMENT.~
ITEM 9:
PERSONS PRESENT NOT SCHEDULED TO B~'. HF.A~r)
ITEM 10:
INFORMATION
ao
Council Action Agendas of February 7 and 21,2001.
Beautification Committee Minutes of February 13,2001
ITEM 11:
ADJOURNMENT
KENAI PARKS/g RECREATION COMMISSION
MARCH 1, 2001
cITY HALL COUNCIL CHAMBERS
7:00 P.M.
MINUTES
ITEM 1:
CALL TO ORDER & ROLL CALL
Chairman Wisniewski called the meeting to order at 7:00 p.m.
Members Present' Tim Wisniewski, Kelly Gifford, Jack Castimore, Sam Steiner,
Dale Sandahl, Mike Baxter (arrived at 8:25 p.m.)
Members Absent:
Richard Hutlberg
Others Present:
Secretary Roper
Councilwoman Pat Porter, Director Bob Frates, Contract
ITEM 2:
AGENDA APPROVAL
MOTION:
Commissioner Gifford MOVED to approve the agenda and added item 6.b under new
business, discussion on the lots in Inlet Woods. Commissioner Castimore SECONDED
the motion. There were no objections. SO ORDERED.
ITEM 3:
APPROVAL OF MINUTES- February 1,2001
There were no corrections or additions to the minutes of February 1,2001 and they
were approved as written.
ITEM 4:
PERSONS SCHEDULED TO BE HEARD
ITEM 5:
OLD BUSINESS
Discussion- Summer 2001 Park Maintenance and Development Goals.
Frates presented a draft brochure outlining the Adopt-a-Park Program and containing
an application. He explained, when finalized, the brochure would go out with the city's
newsletter. Frates reported that recognition gifts would be a fanny pack and perhaps a
sign at the park.
Gifford reported she had requested information from Nickelodeon that gives ideas on
how to get children involved in park maintenance.
Frates presented another idea called Business in Bloom and explained the City would
purchase several whiskey barrel planters and make them available for purchase by
local businesses. The Parks Department would plant the flowers and deliver and pick
up the planters to those businesses who 'wish to participate.
a-bo
Discussion - Skateboard Park / Desi§n and Equipment
Frates reported the School District had liability concerns in regard to the KCHS
students fabricating skateboard park units at the Commission's last meeting and as a
would not be building the equipment. Steiner reported many of the students were very
discouraged that the school was unwilling to support the project. Frates noted the
students would be building one unit but it just wouldn't be available for the city's use.
It was reported Representative Mike Chenault was very interested in the skateboard
project and would be meeting with city officials soon to discuss it. Councilwoman
Porter suggested a meeting with the parents be scheduled as well to determine whether
there will be support from them for the project.
A lengthy discussion ensued regarding a location for the skateboard park. Frates
recommended it be temporarily located at the south side of the Recreation Center,
along the gym. In this location, the program could be better monitored, would be close
to the police and fire departments, and the Teen Center snack bar would be accessible.
Frates made it clear the skateboard park would not be supervised but it would be
monitored.
MOTION:
Commissioner Gifford MOVED to recommend the skateboard park be temporarily
located at the Teen Center. Student Representative Steiner SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 6'
,,
NEW BUSINESS
Discussion- Kenai Multipurpose Facility/Refrigeration Alternatives and
Considerations.
Frates referred to a memorandum included in the meeting packet discussing various
refrigeration alternatives and considerations for the multipurpose facility. Discussion
took place on commercial versus industrial systems and what may work best for the
facility.
Discussion took place on the City buying out the LLC. Councilwoman Porter
commented it had been discussed and would eventually happen. Commissioner
Sandahl stated he believed buying out the LLC should be a top priority.
6-bo
Discussion -- Inlet Woods Subdivision Lots
Frates drew attention to the memorandum from Kim Howard (distributed at the
beginning of the meeting) reporting a request that had been made asking if Lots 18-27
in Inlet Woods Subdivision could be made available for sale. The Parks Commission
PARKS & RECREATION COMMISSION MEETING
MARCH 1, 2001
PAGE 2
was asked to review the lots in question and to determine whether they believed the
lots are needed for public purpose or if they could be sold.
A lengthy discussion ensued regarding whether or not the lots were needed for public
purpose. Frates reminded the Commission that a motion was made on the issue on
January. 6, 2000 that stated any lots deemed unsuitable for building as a result of
swampy area, should be recommended for use as a neighborhood park. Much
discussion took place at that time with regard to the exact location of the low area and
where the pond was situated. Frates pointed out the map included as Exhibit A
accurately reflected exactly where the pond and low area was situated. It was noted
that it was the corner lots the Commission considered for a park. Frates reported the
Public Works Manager indicated there was a lot of junk in that area.
Porter asked if it was Mr. Hall who was interested in purchasing the lots and Frates
confirmed that it was. Porter reported Hall had submitted a request to purchase 56
lots in the back of Inlet Woods Subdivision and had already submitted his earnest
money. Porter thought the appraisal of the properties would be coming received soon.
Frates also drew attention to the black area on the map (Exhibit A) which is a very low
area and the drainage from the swamp runs into that area. Frates added, in the
summer that particular area would be full of water and it freezes over in the winter.
Frates continued, the Public Works Manager indicated the area would never be filled
back in as that drainage is required. With that in mind, Frates asked the Commission
if a piece of playground equipment or a park should be located next to the pond.
MOTION:
Commissioner Sandahl MOVED to recommend Lots 18-27 in Inlet Woods Subdivision
be made available for sale. Commissioner Castimore SECONDED the motion.
VOTE:
Baxter
Castimore
Wisniewski
Absent
Yes
Yes
Gifford
Steiner
No
No
Sandahl
Hultberg
No
Absent
MOTION FAILED.
Porter confirmed that it was the recommendation of the Parks and Recreation
Commission that the lots not be sold. Sandahl stated that was correct.
Discussion continued and Steiner noted that an area like that would have a lot of
mosquitoes. Wisniewski stated the area almost looked like a gravel pit. Castimore
suggested Hall might want those lots in order to backfill them and added, the
overburden from that area would be buried and not hauled off to the dump. Castimore
thought the lots should be sold.
PARKS & RECREATION COMMISSION MEETING
MARCH 1, 2001
PAGE 3
Discussion again took place on the number of lots that Hall requested to purchase.
Porter noted the original number was 56 but that had increased with the lots being
discussed. Wisniewski asked if Hall would even consider setting aside an area for a
park in that area. Frates stated that he didn't know and Sandahl suggested Frates
have the City Engineer have a recommendation for Council in terms of potential
problems in that particular location. It was noted the issue would go to Planning and
Zoning and then to Council, so many factors would be considered. Porter noted she
would find out why Hall wants the lots.
Councilwoman Porter drew attention to Lots 8 and 12 which were also discussed in the
memo. The Commission Was asked to determine whether or not those lots could be
sold or if they were required for public purpose. During discussion it was noted those
lots were not needed for public purpose.
MOTION:
Commissioner Castimore MOVED to recommend Lots 8 and 12 be made available for
sale. Commissioner Sandahl SECONDED the motion.
VOTE:
Sandahl Yes Castimore Yes Steiner Yes
Absent Baxter Absent Giffo r d Yes
Hultber§
Wisniewski
Yes
MOTION PASSED UNANIMOUSLY.
ITEM 7' REPORTS
7-a. Commission Chair- Wisniewski stated consideration should be given to
rebuilding and relocating the recreation facility within the next five years and that
perhaps the new facility could be located by the multipurpose facility. Discussion took
place on the needs of the growing community and the benefits of having a new facility.
It was suggested this item be added to the five-year plan. Frates was asked to have a
list of items for review at the next meeting.
7-b. Director-- Director Frates reported the following items'
· The Volunteer Reception would be held in April, however, a specific date
had not been set. He suggested a proclamation for the Buffington family presented at
the reception.
· A meeting was held with the Chamber Director to discuss the
Kenai/Soldotna Chamber clean-up. A substantial donation was made by Unocal in
support of the program. The clean-up proposal was well received and everyone will
participate. The clean-up day will be held in May and there will be prizes.
PARKS & RECREATION COMMISSION MEETING
MARCH 1, 2001
PAGE 4
· The snow machine use on the ski trails is way up this year and the
potential for accidents is high. Frates reported that meetings have been held with the
Police Department and various user groups to discuss safety and to develop a plan for
public education, etc.
Suggested a thank-you letter should go to HEA for the tarp they provided.
City Council Liaison- No report.
ITEM 8:
COMMISSION QUESTIONS & COMMENTS
Commissioner Castimore reported there would be some federal money coming
available for recreation use and suggested the city look into it. Councilwoman Porter
reported Mayor Williams would be traveling to Washington, D.C. for funding purposes
and this information should be passed on to him.
Commissioner Baxter arrived at 8:25 p.m.
ITEM 9:
PERSONS PRESENT NOT SCHEDULED TO BE HEARD - None
ITEM 10:
INFORMATION
10-a.
10-b.
Council Action Agendas of February 7 and 21,2001.
Beautification Committee Minutes of February 13,2001.
ITEM 11:
MOTION:
ADJOURNMENT
Commissioner Gifford MOVED for adjournment. There were no objections.
ORDERED.
SO
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Barbara Roper, Contract Secretary
PARKS & RECREATION COMMISSION MEETING
MARCH 1, 2001
PAGE 5
KENAI BEAUTIFICATION COMMITTEE
MARCH 13, 2001
7:00 P.M.
KENAI COUNCIL CHAMBERS
ITEM 1'
ITEM 2:
ITEM 3:
***AGENDA***
CALL TO ORDER/h ROLL CALL
AGENDA APPROVAL
APPROVAL OF MINUTES -- February 13,2001
ITEM 4: PERSONS SCHEDULED TO BE HEARD
ITEM 5- OLD BUSINESS
ITEM 6'
ao
ITEM 7:
ao
ITEM 8:
ITEM 9'
a.
ITEM 10'
NEW BUSINESS
Discussion -- Volunteer Shirts
Discussion -- Yard-of-the-Week Sign/Program
Discussion -- Chamber Clean-Up
REPORTS
Committee Chair
Parks & Recreation Director
Kenai City Council Liaison
OUESTIONS AND COMMENTS
INFORMATION
Parks & Recreation Commission Meeting Minutes of March 1,2001.
City Council Action Agendas of February 21,2001.
Beautification Committee Historical Information
Summer 2001 /Flowerbed Determinations
FY/2001 Beautification Committee Goals & Objectives
ADJOURNMENT
KENAI BEAUTIFICATION COMMITTEE
MARCH 13, 2001
7:00 P.M.
KENAI COUNCIL CHAMBERS
CHAIR MARIL~ DIMMICK~ PRESIDING
MINUTES
ITEM 1' CALL TO ORDER/h ROLL CALL
Chair Dimmick called the meeting to order at 7' 10 p.m.
confirmed as follows'
The roll was taken and
Members Present:
Members Absent:
Non-Voting Members Present·
Others Present'
Brown, Dimmick, Rogers, Nelson
Hansen, Buffington
Overturf
Parks and Recreation Director Frates, Councilman
Frazer, and Contract Secretary Shalev
ITEM 2: AGENDA APPROVAL
Non-voting Member Overturf requested the addition of the 2001 planting schedule to
be added as Item 6-d. There were no objections and the agenda was approved as
amended.
ITEM 3'
APPROVAL OF MINUTES -- February 13,2001
The minutes of February 13,2001 were approved as presented.
ITEM 4: PERSONS SCHEDULED TO BE HEARD- - None
ITEM 5' OLD BUSINESS- - None
ITEM 6' NEW BUSINESS
6-a. Discussion -- Volunteer Shirts
The Committee held a discussion regarding volunteer shirts; it was decided sweatshirts
would be more useful than T-shirts. Member Rogers will provide the Committee with
price, color, and availability of pullover-style sweatshirts at the next meeting. The
sweatshirts will be available for purchase by Adopt-a Park volunteers and will serve as
a form of 'identification' while tending to their beds. The Committee agreed the
sweatshirts should be ready by May 1st.
6-b. Discussion -- Yard-of-the-Week Sign/Program
It was noted the Yard-of-the-Week sign is in disrepair and after a lengthy discussion
regarding various alternatives to actually replacing the sign, the Committee agreed to
have a new sign made that will have cut-out vinyl lettering. The sign will remain the
same oval shape, size and coloring and Parks and Recreation Director Frates will make
the necessary arrangements in having the sign made.
MOTION:
Member Brown MOVED to have a new Yard-of-the-Week sign made.
SECONDED the motion. There were no objections. SO ORDERED.
Member Nelson
6-c. Discussion -- Chamber Clean-Up
It was reported the City of Kenai Chamber of Commerce is working in conjunction with
the Soldotna Chamber of Commerce to create a 'Chamber Clean-Up Day' to be
tentatively held on either May 12 or 19. To date, Unocal donated $5,000.00 each to
Kenai and Soldotna for the event. Director Frates stated a tent would be set up to
provide information on the Adopt-a-Park program and to provide other, information. He
also stated the city would break each clean-up area into 'zones' from Swires Road to
North Gill Street and assign zones to clean-up day participants where needed.
6-d. Discussion -- Planting Schedule
Non-Voting Member Overturf presented the Committee with a draft copy of the 2001
planting schedule. It was noted the schedule would be put on the Recreation Center
telephone recording to keep volunteers apprised of any changes due to weather or
schedule changes. Overturf will also provide Master Gardener's meeting (April 12,
2001) attendees with the finalized schedule. Overturf will also provide the Committee
with the finalized schedule at their next meeting. In addition, Director Frates
suggested adding more peat (or a compost/peat mixture) to various flowerbeds prior to
planting to help retain moisture.
ITEM 7: REPORTS
7-a. Committee Chair-- Chair Dimmick reported on the following:
· Referring to historical information of the. Beautification Committee
{included as an informational item in the packet), she stated she felt pleased with how
she sees the future of the committee and its goals.
· Volunteer Orientation was scheduled for April 10, 2001 at 6:00 p.m.- This
orientation will be just prior to the regular Committee meeting. Dimmick suggested
each member bring some sort of refreshment or snack. A brief discussion took place
regarding the content of the orientation and it was agreed no more than ten minutes of
slides/photos will be offered. The Committee will focus on providing volunteers with
basic information on types of flowers that thrive in Kenai, schedules, etc. The
Volunteer Orientation will also be an informal exchange of starter plants.
7-b. Parks/h Recreation Director -- Director Frates reported on the following'
BEAUTIFICATION COMMITTEE MEETING
MARCH 13,2001
PAGE 2
Provided the members with a seed/bulb list that have been or will be
purchased. He also suggested using the seed/bulb list as an insert to the Adopt-a-
Park program brochure and will see if it is possible.
Provided the members with a final draft of the Adopt-a-Park program
brochure. The brochure will be sent to the printer next week and will also be included
as a ¥o. page notification in the next City of Kenai newsletter.
· Suggested adding a. %ndscaping plan' to the brochure to outline general
planting guidelines for volunteers. The members agreed to include a statement
requesting those who wish to alter an existing landscaping design or flora arrangement
in a bed, to first contact the Parks and Recreation office for approval. By requesting
prior approval, the Beautification Committee and Parks and Recreation can ensure
only plants that will thrive will be planted.
· Parks and Recreation is investigating a watering schedule. A brief
discussion took place regarding the need and convenience for nighttime watering and a
shift schedule for watering. Frates will provide the members with more information on
this schedule.
?-¢. Kenai City Council Liaison -- Councilman Frazer provided the members with
an'outline of informational items from the previous City Council Meeting.
ITEM 8:
QUESTIONS AND COMMENTS -- None
ITEM 9' IITFO~TION
Parks & Recreation Commission Meeting Minutes of March 1,2001.
City Council Action .Agendas of February 21,2001.
Beautification Committee Historical Information
Summer 2001 /Flowerbed Determinations
FY/2001 Beautification Committee Goals & Objectives
ITEM 10: ADJOURNMENT
The meeting was adjourned at 8'45 p.m.
Minutes transcribed and prepared by:
Sharon Gaudet Shalev, Contract SecretarY
BEAUTIFICATION COMMITTEE MEETING
MARCH 13,2001
PAGE 3
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
KENAI CITY COUNCIL CHAMBERS
BOARD MEMBER JOHN J. WILLIAMS, PRESIDING
James A. Krein Appeal of City of Kenai Planning & Zoning Commission Decision
Approving the following items:
o~ PZ01-02--An application to modify Conditional Use Permit PZO0-11
from Cabin Rentals to Hotel and add Guide Service for the property
described as Lot 4, Block 2, Anglers Acres Subdivision, Addition No.
1, 1350 Angler Drive, Kenai, Alaskm Application submitted by
Michael Kent, dba Alaska Lodge~ P.O. Box 3033~ Kenai, AK 99611;
b. PZ01-03 -- An application for a Conditional Use Permit for Ofj~ce &
Retail Space, Guide Service and Hotel for the property described as
Tract A-lA Cone Tracts A-lA ab A-1B~ 2880 Beaver Loop Road~
Kenai, Alaska. Application submitted by Michael Kent, dba Alaska
Lodge, P.O. Box 3033, Kenai, AK 99611;
c. PZ01-04 -- An application for a Conditional Use Permit for Guide
Service and Food Service for the property described as Tract 3,
Anglers Acres Subdivision, Lowe Addition, 1600 Angler Drive,
Kenai, Alaska. Application submitted by Michael Kent, dba Alaska
Lodge, P.O. Box 3033, Kenai, AK 99611; and~
d. PZ01-O$ -- An application to transfer Conditional Use Permit PZ96-
3 7 from Brian Lowe to Michael Kent and to modify the permit from
Lodging to Hotel for the property described as Tract 2, Anglers
Acres Subdivision, Lowe Addition~ 1530 Angler Drive, Kenai,
Alaska. Application submitted by Michael Kent~ dba Alaska Lodge~
P.O. Box 3033, Kenai~ AK 99611.
Board Members
Present:
Williams, Porter, Frazer, Bannock, Swarner, Bookey and Moore
Staff Present:
City Clerk Freas, City Manager Ross, City Attorney Graves,
Planning & Zoning Administrative Assistant Kebschull
The Board of Adjustment Hearing was opened at approximately 7'08 p.m. Williams
noted the following information should be inserted into the Board's packet of
information:
ADD AS:
Part 2-j (PZ01-03) -- Conditional Use Permit Application of
Michael Kent, d/b/a Alaska Lodge
ADD AS
ADDITIONAL
INFORMATION:
BA-5a, 3 / 4 / 2001 Mary Kay & Dave Knudsen letter in regard to
the conditional use permits.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 2
BA-Sb, 3 / 2 / 2001 Curt Wilcox letter requesting council rescind
the conditional use permits granted to Michael Kent, d/b/a Alaska
Lodge (PZ01-02, PZ01-03, PZ01-04, PZ01-05).
BA-Sc, List of Anglers Acres Conditional Use and Variance Permits
and Maps.
Williams reviewed requirements and procedures that would be followed in conducting
the Board of Adjustment hearing as explained in the memorandum prepared by the
city attorney and included in the packet of material~, i.e. the Board sits as a quasi-
judicial body; the hearing had been advertised and was open to the public; copies of
tape recording of the hearing would be available to purchase; the Board could consider
but may or may not agree with recommendations by city officials; all those giving
testimony would be sworn in by the City Clerk; a quorum of the Board was required
and a majority would be the requisite vote; the Board would have 30 days in which to
render an decision on the appeal; and the findings of fact would be mailed as well as
placed on the city's website, etc.
Williams requested those who would be giving testimony to speak to all the resolutions
at one time, however keep the comments separated for each resolution. There were no
questions from the audience or the Board.
Testimony;
Krein:
My name is Jim Krein and I reside at 365 Dolchok Lane here in Kenai.
City Clerk: Do you solemly swear or affum the testimony that you are about to give
in the case now before this Board, to be the truth, the whole truth, and nothing but
the truth under pain and penalty of perjury?
Krein: I do. First I'd like to thank you for your time and consideration in this
matter. Let me sign in fa'st please. I'm here tonight to appeal the decision rendered
by the Planning & Zoning Commission on danuary 24th of this year concerning the
applications submitted by Mr. Michael Kent. Notably PZ01-02, application to modify a
existing permit; PZ01-03, for a conditional use permit; 04 for an application for a
conditional use permit; and 05 for an application to transfer and modify a permit.
As ! look at the situation confronting the residents of Beaver Loop, I'm growing more
and more concerned about what is happening in the area and has happened over the
past years when it comes to the issuance of conditional use permits granted by
Planning & Zoning and those that have been appealed and upheld by the Board of
Adjustment.
May interest was peaked a few years back subsequent to meetings that were held oh
from May of 98 I think, up until about July on the Foster Construction application to
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001'
PAGE 3
erect and operate a rock crusher and an asphalt plant in the gravel pit that they
currently hold permits for. At that point, the Board of Adjustment did in deed grant
the appeal of the local property owners, but during that process, items came to light
that troubled me and have continued to trouble me since that time.
During that process, it came to light, if I recall correctly, that a permit was originally
issued for the removal of up to one mill/on cubic yards of material and that the city
was to get reports as to how much material was being removed to sort of oversee that
condition in the permit. During the process, it was indicated that it appeared up to at
least three million cubic yards had been removed and, in fact, the city had not been
informed as to how much material was extracted. Also, during the same proceedings,
discussions concerning the required or lack of buffer zones came to light with the
Foster's indicating they had submitted and complied with the 100 foot setback leaving
the green zone, but other permit holders in the area had not done that.
Again in June of 99, a permit was issued, after appeal, to Beaver Loop Partnership for
the conversion of a piece of property to a Storage yard for oilfield equipment. Now this
permit was granted after the city found, I think the fall of 98, that the yard had been
in place for awhile; that no one had come forth to request a permit; and, in my
opinion, this was a "don't ask for permission" kind of a "ask for forgiveness" permit.
It's there in place, we've already done it, and the permit was granted. At those
meetings, Councilman Moore and Councilwoman Swamer asked that maybe a
monitoring well be dug in that area due to the nature of the equipment being stored
and the ramifications of potential ground water contamination.
I left that meeting thinking that that was something that was voted on and in place,
and subsequent to that, here recently, doing a little research here in the last month, it
has come to my attention that they in fact, did include that in, I think, the discussions
that you folks had, but that was not included in the issuance of that permit. Also...
Williams' Now, just, just, hold just for a minute for the record. Now, you're saying
that it was your original thought that these items were voted on and approved and
then subsequently you say that You understood they were not made a part of the
official...I do this for clarification because the attorney will be you know, checking the
record ....
Krein:
Yeah, you know, we were sitting here discussing the issues...
Williams:
Okay, the attorney can speak to that issue.
Graves' I did research on that when Mr. Krein approached Mr. La Shot and what
happened was, in the majority opinion there were two concurring votes by Mr. Moore
and Ms. Swamer saying "we agree with the majority opinion, but we would like to have
a monitoring well in addition." That was not the majority requiring a monitoring well.
It was a minority opinion that they would have like to have gone a little farther. So it
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 4
was never a requirement that was voted on by the majority. It was a concurring
opinion by two of the members of the Board and that's in the decision pretty clearly
stated.
Williams'
All right. Thank you. Please continue.
Krein: Also, during the. discussions, both in 98 and 99, the issuance of
enforcement surfaced. Permits are issued, there are constraints to some of them, and
how do ~ve as a corporate entity, the city, enforce those or ensure that what is being
presented to Planning & Zoning and permits issued is being subscribed to once a
permit holder receives that permit to act in the way they present it. Recently a
comment was made that due to the lack of enforcement on the city's part, the
residents need to carry on this burden and I feel that we have. I feel that as we see
things that do not meet with what we feel and hear the constraints of a permit that
has been issued in the area has been given, if there's deviation, we step forward and
have in the past to voice our concerns. I feel in many instances we've not been heard;
we've been ignored.
I recently had an opportunity to chat with a resident on Beaver Loop who indicated to
me that a couple of the streams or water courses that used to flow down onto the mud
flats down toward the Bridge Access side of the Beaver Loop drainage, have been
lacking in water and dried up over the last few years now. Given the ditches that have
been dug to promote water being removed from the water table so more gravel can be
taken out of the gravel pits, it's quite obvious since you drive down there you can see
the trenches that facilitate that. I see evidence over on the other side of the road of
pumps that have done the same to help lower that water table so more gravel can be
extracted and the equipment is not inundated with water. And on the issue of, as
memory se~-;¢s, when the partnership over there, Beaver Loop Partnership, testimony
there was everything had tarps under them to contain hydrocarbons spills, etc., etc. I
recently went down there and the first thing I noticed was a storage tank above ground
with no tarp underneath it or no berms to control any kind of leak. I looked to the
right in through the fence line and here's a truck with a, what's called in the oil field, a
day tank which has diesel or regular gas in it on the back of the truck and again no
containment or tarp in case there is a problem there. I hadn't even gotten ten feet
onto the access road when I saw that. So, I definitely have a concern about permitting
and what people are telling the council and what they're actually doing.
Now we've got four permits asking for hotels, offices, and retain space. If approved, I
see that this is just a continuing effort or continuing erosion of the and process that
will ultimately have a detrimental effect in the area. As happened in the past, local
residents appeared before Planning & Zoning and were given three minutes wishing to
express our concerns. Questions were asked by the public. Commission discussed
things very little if anything, and turned to the next speaker. It almost seems to me,
and I don't know if I'm alone in this, these permits once asked for and applied for, are
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 5
rubber-stamped and I don't understand the thought processes of just continually
degrading rural residential areas year after year after year.
At one point during the proceedings on Mr. Kent's applications, a comment was made
that, "well, he purchased the property and thought that it was zoned commercial and
that's why he was here." Unfortunately to me an oversight or a bad business decision
by an individual should not justify the granting of a permit and I feel that the, if the
permits were to be approved, you know, the wishes of many in the area, are going to
be outweighed by the wishes of the one. I really feel it's time for the Board of
Adjustment and the City of Kenai and the Planning & Zoning Commission, to step
forward and reevaluate the way in which permits are awarded, how the recipient can
be held accountable, and maybe even step to the plate and take the advice expressed
by speakers recently at the Economic Forum indicating maybe some zoning along the
arteries that would enhance businesses, not fly in the face of residential areas and the
people that live there and also be consistent and not indicate that a plan is, in my
opinion, not in place. Is there a plan for the city? Is there a zoning plan? I look
through the attachments to the package that came to my home and it shows land use
applicability, a spreadsheet shows residential, commercial, as approved, you need a
conditional use permit. Unless I read that wrong, there is no real planning and
zoning. There's a spreadsheet that indicates rural residential; you can have a single-
family dwelling, a two-family dwelling, multi-family dwelling, and you need not have a
permit. Once you go beyond that, you need a conditional use permit. Then there's
another commercial area and hotels, motels, everything can be approved in rural
residential by the Commission by issuing a permit. So, unless I'm missing the boat,
someone could go into Woodlands if the permit was issued, and put up most anything
they wanted as long as they were willing to pay the fees and so, when an individual
goes to buy a piece of property, what guarantee do they have that it's going remain
residential? I see there's a bid disparity here. I think it's time the concerns of the
other residents of the area are listened to and that we take a step in doing some
serious planning for future here and not just hodge-podge around and you have a little
enclave here, a little enclave there and think that everything's going to be turning out
just fine. I thank you for your time.
Williams' Thank you. You might set for just a moment. Are there any questions or
comments from the Board?
Porter' I have a question, but for the attorney, okay? Thank you for your
comment. Permits are, are permits issued for a time limit? Do they have to be
renewed?
Graves: No. Well, no not usually.
it continues generally.
Once you have a conditional use permit, it, it,
Porter' So there isn't like a five-year limit on the permit and you've got to renew
it, reevaluate it?
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 6
Graves: No, not usually. If the owner sells a business, there's a provision to
transfer a various permit, but if, if I got a conditional use permit for a particular piece
of property, there wouldn't ordinarily be a five-year time limit on it.
Porter:
Okay, anyway fight now there's not one? Thank you.
Graves: Certainly.
Porter: Thank you.
Williams: Board Member Linda Swarner.
Swarner: To follow-up on the question, so if you, once you get a permit, there's no
follow-up then on what is happening with that permit to make sure that the original
intent is still intact?
Graves: There's no, there's no active follow-up by Planning & Zoning. If there is a
complaint, then there is an investigation done, but there's not an enforcement person
who checks up periodically.
Swamer: So it's complaint driven. Then going back, one of the questions or one of
the comments Mr. Krein brought up was regarding the Foster's permit, Have we been
receiving reports on that?
Graves: My understanding is that we've been receiving yearly reports but I'd have
to defer to Ms. Kebschull. She's the person who reviews those.
Williams:
Ms. Kebschull will speak at this time.
Kebschull: We have been receiving yearly reports from the pit operators and we have
been reviewing them administratively.
Swarner:
Are they in compliance with what is required of them?
Kebschull: There are problems with the pits out there and we have been looking at
those issues and trying to determine how to proceed.
Swarner:
How long have those issues been there?
Kebschull: Probably some of them since 1984 when the city took over zoning. If you
look at some of those areas when we required buffers and there were no buffers on
those pits.
Swarner: Thank you.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 7
Williams'
Yes, Board Member Moore.
Moore: I defer back to Mr. Krein about his comment. I had to write that down
too. What were the numbers you had that the conditional use permit that was issued
to Fosters and now...
Krein'
If memory serves it was a million.
Moore:
Is that...
Okay and now you're saying they've got three million going out of there?
Krein'
It appears that there's been extracted...
Moore: Not that that has anything to do with this issue, but I would go back to
Marilyn then. Is that the issue that's come up, the problems that we have?
Kebschull:
buffers.
No, most of the issues that we've been dealing on are the problems with
Williams: Board Member Frazer?
Frazer: So, where did the three million yards of gravel, is that some figure the
city has or where, if the permit was issued for a million and there's three million, do
we that or is there any factual evidence to that?
Kebschull: I don't know. I'd have to research that. Typically when a permit was
issued, which was before my time, they may have stated what they estimated the
extraction to be. I don't know if that particular permit had a limit on it.
Frazer: Yeah, I had one other question. You made some comments about the
Beaver Loop Parmership and I don't recall what all the stipulations were in that
permit, but you've referred to some tanks that weren't, didn't have anything
underneath them. Was there anything in the tanks or the tank truck?
Krein: Well, during that process, I don't believe there were any restrictions
placed on the parmership. The material that is stored there is owned by Neighbors, a
drilling contractor. At that time, the gentleman that was here representing Neighbors,
indicated that everything that had a potential for hydrocarbons or other heavy metals,
what have you, to leach out and get into the soils, had tarps, etc. under them. Now, a
day tank is like a 200 barrel, 200 gallon drum. You've seen them. They're quite
common. And I would have to say, without testing that tank, no tank is considered
empty unless it's been steam cleaned. There's residual in that tank and...
Williams: Yes...excuse me. Board Member Porter.
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 8
Porter: You know, this issue is really interesting, however, I would like to stay on
target with the issue that is before us. If there's a problem with code enforcement, I
definitely would encourage you to file a complaint with the City of Kenai and follow it
thl-ough, through the administration upstairs and if you don't get any satisfaction with
that particular issue, then come back to council on dealing with the Foster issue.
However tonight, I'd just like to hear issues that deals with this appeal.
Williams: I'll, I'll talk to that subject in just a moment. Ah, is there anything
further that you wanted to present? All fight. There's some points that Board
Member Porter brought up that I was going to address. First of all, the matter before
us deals with the four issues of the permits and I understand, clearly understand your
concern about past occurrences. It appears to me, and correct me if I'm wrong, that
you're bringing us comments of a general nature concerning the general neighborhood
and the general issuance of permits over the years and the adherence to what you
consider to be the permit, the conditions of the permit. Is that correct?
Krein: I'm using those to, I guess, bring to light, where in a rural residential
neighborhood, we have up to this point, had issued many permits. We've had
problems in my opinion, with the issuance of those. And, once again, here we've got
four more permits now to bring hotels, that's a broad-based statement. A hotel, I
conjure up, worst-cased scenario, casino, lights flashing and a big...
Williams: All fight. Let's, let's move along for just a moment then. Is there any one
of the four specific ones before us tonight that you object to. Now, three are located in
Anglers Acres and one is Beaver, along Beaver Loop Road.
Krein: A point well taken. I realize Anglers in the past has had numerous
permits issued for guiding services, I think on the record at the meeting with Planning
& Zoning concerning these issues, Mr. Kent had researched purchasing existing
lodges and I believe the comment was, none of them complied. Now, I do not know if
that means complied with Planning & Zoning, additions coming on, that maybe septic
tanks could not be brought up. I just know that tweaked they did not comply. So, I
realize that is down there. The one that concerns me the most is Beaver Loop. I
believe that is, is that 03 for a hotel there on the comer?
Williams:
Yes. So you're, you're most concern then is with PZ01-039
Krein: With 03, but on a higher level, all of them, in my opinion, are eroding the
rural residential and what is consistent with that zoning designation.
Williams: Ail right. Thank you. Now you're aware of the fact that since 1988 there
have been 27 conditional use permits issued and variances issued.in the area and that
16 of them are in Anglers Acres alone if you look at the map. It just appears to me
that everyone in that general area, all the neighbors are tending to move towards a
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 9
type of use there that seems to be compatible with everyone and that is lodges and
things that are the nature that are issued through the three that we're looking at in
that area. So again, I ask, are there any of those that you specifically...
Krein: No, I said that I understand and I, I know that is consistent with that
area down there and I did not object to those in that principle. I'm speaking beyond
the 03 and in the continuing march towards, in my opinion, something that's not a
residential climate. It's now extending out into the roadway: Beaver Loop.
Williams: Okay. By, again by saying, it's extending out into the roadway, you're
saying, because it now extends out into the Beaver Loop roadway area.
Krein' That is correct.
Williams: Okay. All right.
Member Moore?
Very good. All fight, any further questions? Yes, Board
Moore: Thank you. I'd like to, Marilyn, could you show us, you given it in the
packet, could we see it on the screen the...because Mr. Krein's comments about how
the egression or movement toward Beaver Loop, I'd like to see that...
Kebschull: (Pointing to information projected onto the screen) The subject property
that we're looking at, or the Beaver Loop sits in here. This is a mobile home park.
Down here is Cunningham Park. Across the street are the gravel pits in question.
Williams:
And up in the high comer there is where the storage yard is.
Kebschull:
Storage yard, yeah. This is, this land here is owned by the State DNR.
Williams: Can we go back to the plat again so we can see how they're arranged.
There you go...
Kebschull: This is the (inaudible).
Williams:
Now, is that the area where the old mortuary is at?
Kebschull: That's correct.
Porter:
Is that the same building?
Kebschull: Yes.
Porter:
Used to be a laundromat as well?
Williams'
No, that was next door, I think, wasn't it?
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 10
Porter:
No, it's the same one...
Williams: Same building? Okay. Okay, show us again where the storage yard is
again now, upper fight comer. There you are.
Porter:
Where's Dolchok Lane?
Williams'
Long way away.
Porter:
Long way away? Okay. Okay, thank you.
Moore:
Now go back Marilyn. Yeah.
Williams: Okay.
your concems.
Further comments? All fight.
Mr. Krein, that you very much for
Krein: Thank you.
Williams:
Next person that wishes to testify.
Clerk: Do you solemnly swear or affirm the testimony that you are about to give
in the case now before this Board, to be the truth, the whole truth, and nothing but'
the truth under pain and penalty of perjury?
Voice/
Richardson' Yes Ma'am. I'm Lloyd Richardson. I live at 495 Dolchok, just up around
the comer from the map that is shown there and if we could, may I ask you to go back
to the map that showed the actual aerial photograph of the area just for reference. I
think it depicts a point I would like to make better.
I would like to ask the council to rescind the conditional use permit PZ01-03. For one
thing, I think by putting in a motel or approving a motel in that area, it would just be
the foot in the door to further expansion along Beaver Loop. I think we need to
consider the cumulative impact on the wetlands in the area and as you can see, if I
may go over there, just behind this area here, it drops down into a wetland-type area
and there's a stream that comes through here and comes right out to the fiver. The
impact of having multiple dwellings there, let's say five cabins, and either five separate
sewer systems or one sewer system, .is going, should or could cause that wetland area
to reach a saturation point and I believe the calling card for this area is the Kenai
River.
If we start poisoning the tributaries that run into that fiver, in addition to what the
gravel pits are already doing, we could have a whole bunch of empty motels and hotels
because no one wants to come back here and fish if there's nothing left.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 11
Another consideration that should be brought before the Board, before any conditional
use permit is issued, in my opinion, is that to build on the wetlands or put in a sewer
system over the wetlands or to extend gravel out to extend your level, the Army Corps
of Engineers has to issue a permit for the development on wetlands. And, to my
knowledge, there hasn't been that cumulative impact statement or study done. Any of
you who have better knowledge on that can correct me, but if we're going to preserve
the Kenai River and the value it adds to our community, we, I believe, we are
responsible for caring for the river and that's just one way of doing it. You have
increased traffic, you'll have increased runoff off the roads going into those streams,
you'll also have the saturation of the wetlands with all the sewer system, laundry, all
the additional things that go into it.
Furthermore, and it may not be an issue to the council, but that road in that area,
there is extensive traffic throughout the summer which would be your peak season, is
heavy truck traffic. The road is very poorly maintained and not, to my understanding,
not even built to the Borough's code because it is a State-maintained road.
I just see a bunch of problems being Posed there by the, by the permit of that that
area. You spoke that there were sixteen conditional use permits given for Angler
Drive. Nice area, and the bed and breakfasts in that area have been well maintained.
But again, they sit fight on wetlands. There's, it's just marsh, you know, and they've
been, some areas have been built up. The consideration there again is over-saturation
of the wetlands pouring into the Kenai River, as well as the lowland herd caribou
migration area. I think we need to keep those items of interest to our own community,
as well as our visiting tourists, you know, intact if we're going to enjoy the benefits of
it.
Williams: Thank you. Questions from the board members? All right, I'm hearing
then specifically that you're requesting the PZ01-03 be rescinded.
Richardson: Yes sir.
Williams: And your concerns of the other three in Anglers Acres are more or less
general, of a general nature?
Richardson: They are of a general nature. The dwellings, they're already in place. It's
like, it's easier to ask forgiveness than ask permission upfront. However, when all of
that sewer system and repeat clientele starts coming back, you'll see further
saturation of the area and I am concerned about that because it's very near Beaver
Creek, which is again, another tributary into the Kenai River as well as a king salmon
spawning stream.
Williams' Has anyone in the general area there voiced these concerns to DEC and
have they taken any action or steps that you know o~
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 12
Richardson: I do not know if anyone has. I have not. The one concern that has been
voiced is the term "conditional use permit." It seems as though there's not really any
conditions put upon it. It's just a, a phrase that is used. If we can go back briefly to a
point that Mr. Krein made regarding the gravel pits, I was here at the meeting and my
recollection is, as an example of point, the permit was granted for one million yards of
gravel to be removed. Mr. Foster admitted that over three million yards of gravel had
been removed clear down in, I mean, they're having to pump water out because they're
in the water table of the people who are down the aquifer from that. You know, any
runoff or contamination they have is going to get into the other peoples' wells. So, as
far as the conditional conditions of the permits, there's no enforcement because we
don't have the, an enforcement staff or anything to do anything about it. And no one
rescinds those permits.
Williams:
All fight. Thank you. Yes, Board Member Porter?
Porter: Yes. As I look at his permit, it appears to me that is that he doesn't
necessarily want to add more rooms. He's not requesting additional rooms, as much
as he just wants to be able to serve brealdast, lunch and dinner; food there, and that
was his reason for going in for the change because the current permit that he had,
which he currently has, doesn't allow to serve three meals a day. Am I wrong in
understanding that was the reason?
Richardson: Are you addressing the one on Beaver Loop or at Angler Drive?
Porter:
The one on Angler, well the one where's trying to get the hotel.
Richardson: Okay. My understanding is that there was, the proposal at the planning
meeting was for five additional cabins in that area which would either be five more
sewer systems and everything that goes, all the meals they serve.
Williams: All right. Ms. Kebschull, could you answer the question perhaps better
for Board Member Porter with regard to that particular permit?
Kebschull: As far as the Beaver Loop permit, he, he did not have a permit there, but
he was requesting for retail office space, as well as a hotel. What he wanted to do was
have rooms to and be able to provide food service and the hotel designation is used
because we don't have a designation that just allows food service other than that,
,
Porter:
On the Beaver Loop site.
Kebschull: On Beaver Loop. He was told there would be limitations within that
structure because the development requirements table would not allow five structures
without a variance permit and he has not applied for nor has he received a variance
permit so he could not build five cabins without coming back for that permit. He
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 13
could remodel that structure there and add a couple rooms, the way the permit was
issued, and rd have to (tape change) but that would be, but he could not build five
cabins without coming back for a variance.
Porter: Thank you.
Williams: Further comments? Board Member Bannock?
Bannock: Thank you. I just, I wanted to come back to the hotel definition just
briefly. When this came before Planning & Zoning, if you could, just embellish a little
bit on why we used the phrase "hotel" in regards to this particular action as opposed
to some other phrases that we're familiar and comfortable with. If I could have
Planning & Zoning speak to that.
Williams: Yes.
Kebschull: As I, I just stated, we don't have a definition in our Land Use Table for
every use and people, typically, the bed and breakfast requires that you live there and
that you only use thirty percent of your floor space and that does allow you to provide
meals,.'breakfasts, and in that zone the only other alternative, if you want to provide
food, under the listing that we have, is to use the hotel designation and I don't have
my code in front of me, but the city attorney could probably say what that definition is
and it provides, I believe, for daily lodging, food service, whatever. So, what these
people, what he did is he came back in and he wanted to be legal to provide food to his
clients, which is not a bed and breakfast.
Williams:
All right, thank you. Does that answer your question?
Bannock: It does and if I could just follow up just briefly in regards to PZ01-03, if
we look in our packet tonight, under the staff report, on page 2, it's not listed. The
page, it's probably 20 pages in, PZ01-03, this property, this is in the staff report. I'll
just read it.
"This property has previously been used in a commercial nature. However, the zoning
is rural residential and any new commercial venture requires a conditional use permit.
· The building, that we mentioned, that has been a laundromat and a mortuary, will be
remodeled to house an office for the guide service and possible retail space."
Now, the reason that I asked Ms. Kebschull, in regards to that hotel,, is because it's
very easy for us to think of when we here that word "hotel" what we are accustomed to
thinking about, I don't think that necessarily it's the right fit, but in speaking with
administration, it is the best fit that we possibly have on our books today. So, I just
wanted to bring attention to that. Thank you.
IBOA~ OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 14
Williams: So, as I understand it, it's not the plan to build a hotel there or utilize it
as a hotel, it's more or less just a designation to utilize for food services, is that...
Bannock: In summary sir, that's a very accurate picture and perhaps we'll hear
from Mr. Kent later, but that's, that is consistent with what the staff report calls for
that Planning &, Zoning based a large part of their decision on.
Williams:
Yes, Board Member Moore.
Moore: Yeah, and that's frae. I, I have no problem with that analogy, but if it's
my intent to build or have three rooms versus thirty rooms, it's also my intent to have
1,000 million yards of gravel or one million yards of gravel versus three million yards
of gravel. Is that where we're going to go with this? If his intent is three rooms and we
let 30 rooms happen, is that where that can go on your comment Mr. Bannock?
Bannock: No, we've heard from the adrninistration that that would, that is clearly
something outside the bounds of PZ01-03. The applicant has stated that is his desire,
but that's not what 03 is about. 03 is in its simplest form, converting an existing
building and changing the action, the operation wiflxin it. That is the, that is what 03
is about. Will someone do something outside of 03? I'm not going to sit here and say
would or someone wouldn't. But the question that is before us tonight, is not in
regards to something else in construction-wise, but operational.
Williams' It's really kind of a nebulous and wide-open description if you read the
way that the code writes it, if I'm reading it correct and it's being quoted. It means any
building or group of buildings in which there are guest rooms used, designed, or
intended to be used for the purpose of offering to the general public, food or lodging or
both on a day-to-day basis. It seems to me the code should be separated out a little
bit better than that because there definitely is a tremendous difference between food
and lodging and there's no correlation between the two in my mind. Why they, you
would have to use a designation of hotel for that purpose. It almost seems like, when
we have a, some kind of wording that would include restaurant or eating
establishment or food service establishment? It's not designated that way.
Bannock: Our code does haVe those sir, but that's not, that's not what works here.
So, I share your frustration because I think we feel the same way, and that's why I
asked Ms. Kebschull to give that explanation of why this was the definition that was
used. But I must go back'to the staff report that says the building will be remodeled
to house an office for an office, guide, and retail space. That is part of the deal. That
doesn't mean a ten-story hotel room, hotel building.
Moore: But it could
Bannock:
It could not, I don't believe that it could.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 15
Kebschull:
Mr. Mayor...
Williams'
Yes, Ms. Kebschull.
Kebschull' This is probably one area that the city is covered most in code
enforcement because we do have building code requirements and we issue building
permits and you cannot get a building permit if it doesn't meet the code requirements.
In addition, council just passed the ordinance in the last few months that now
requires these sorts of establishments to be inspected by the fire marshal for, to meet
the fire code and those are done, you know, as a requirement of the permit and then
every two years thereafter, so we do have safeguards in this area whereas some of our
other conditional use permits, we probably don't.
Williams: And you know, that brings up a good point, that I might address to Mr.
Krein's concerns. I think, because of some of these past concerns about the lack of
enforcement and the lack of review, the council did seek to close that issue by putting
into effect this new code which requires these inspections periodically. It think that
answers part of your question as to whether or not we're going to go back and take a
l°ok at this issue later on after a permit is issued. Under the new code, Ms.
Kebschull, if you might expand just a little bit on that, on the issue of the new code.
Kebschull: We recently enacted a code wherein conditional use permits can, are
required in home occupation permits for daycares to be inspected by the fh'e marshal
to see that they meet the f'n'e code. They have to be inspected prior to the use
becoming active and then thereafter every two years, as long as the use is in effect.
Williams:
All right. Okay. Thank you. Board Member Frazer?
Frazer' One question, there were some comments regarding septic, I believe, at
this Beaver Loop location. Does this permit allow, or is there any additional septic
systems required for this use in addition to what's already there?
Kebschull: What we have done most recently in all of these conditional use permits,
is we have started to recommend, and the Planning Commission has required, that
they meet DEC requirements for the intended use. The City does not regulate on-site
septic .and that's a state regulation, so what we do is we require it and normally what
happens is they provide us with a certifiCation. Mr. Kent did that for his site at 1350
Angler Drive and Ms. Johnson has a similar permit recently. Some of those older ones
that are out there, we don't have any control over those, but all new permits are being
required to meet the intended use and to provide DEC certification.
williams: So then what we're saying in the fourth requirement clearly states that it
must meet the State of Alaska's Department of Environmental Conservation
requirements for on-site septic systems for the proposed use. So, ff DEC requires a
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 16
specific set-up for food services, as opposed to residential use, they must meet those
conditions according to our permit.
Kebschull: That's correct.
Williams: Okay. Further comments from the council, or the Board, excuse me? All
right. Thank you very much for those clarifications. Board Member Moore?
Moore: Just a, I haven't had the pleasure of meeting Mr. Kent. Are we going to
hear from Mr. Kent tonight? Is that okay, Mr. Chair?
Williams: All right. Come forward and state your name for the record and also the
Clerk will administer the oath, if you have no objections.
Clerk: Do you solemnly swear or affirm the testimony that you are about to give
in the case now before this Board, to be the truth, the whole truth, and nothing but
the truth under pain and penalty of perjury?
Kent: Yes, I do. My name is Michael Kent and I resident at 1530 Angler Drive
and I can answer any questions you'd like.
Moore:
I guess since I asked...
Williams:
Yes, Board Member Moore.
Moore: I just wanted to hear what you're, you know, we hearing anywhere from
three rooms to a 30-room motel. I don't think that's what you've got in mind. Could
you just give me a synopsis what you've got going?
Kent: What we've got going, well first of all, I don't, I don't think I could put a
30-room hotel or a ten room, without getting a, a variance for construction. This is
just a conditional use permit to operate what's already there. In order to do more, I
had to get a variance and another permit and more DEC stuff, which a, but my intent
is, is to plan on putting some cabins there and remodel the space for my office and I
plan on doing it with just the standard requirements. I'm not planning on doing five
with a variance. I'm not seeking a variance to do this.
Williams:
Yes, Board Member Swarner.
Swarner: Sir, I drove down in that area on Angler Drive yesterday.
the house that has a for sale sign on it? Is that correct?
So, you live in
Kent:
Yes. That's correct.
Swarner:
So, are you in the process of selling it or are you buying it?
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 17
Kent: I purchased that home on the first of December and the realtor has not
taken the sign down.
Williams: Could you show us exactly where that one is? That's, as I recall, quite a
large structure.
Swarner:
Very large structure.
Williams:
How many rooms does that have in it? Bedrooms? Bathrooms?
Kent:
It's got four bedrooms and three bathrooms.
Williams:
Okay, did you have any problems with DEC in your request for permits?
Kent: No.
Williams:
And they inspected it all and approved the whole thing?
Kent: Yes, well the engineer does and he submits his, a report, report to DEC
and then they approve it.
Swamer: And then I have another question on the 1600 Angler Drive, it's all
vacant land there now, is that correct?
Kent: That's correct.
Swamer:
And Marilyn, could you arrow that? Oh, okay.
Williams: Did we see that plat...okay, there you go. That's what about, oh twelve,
fifteen acres?
Kent: Seventeen.
Williams: Seventeen acres?
Swamer: Thank you.
Kebschull:
Seventeen point one-seven acres.
Williams:
Okay, questions? Yes, Board Member Bookey?
Bookey: Ah, Mr. Kent. On, on the conditional use permit, PZ01-03 that was
issued to you and is being appealed, there was four items on the back of it that were
requirements that was landscaping, DEC Environmental Conservation requirements
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 18
for food service, fire marshal and septic.
is to follow those?
Have you got any problems, and your intent
Kent: Yes.
Bookey: Thank you.
Williams:
Board Member Swarner.
Swarnerl
What's your landscaping plan?
Kent: I haven't acquired a landscaping architect yet, for that yet.
haven't submitted for any permits for that.
We haven't, I
Swarner:
Okay, well, don't you need a plan to get the permit?
Kent:
I need a building permit first.
Swarner:
Oh, okay. Well, I'm very interested in the landscaping plans of that...
Kent: Well that, that, that, we need to, first of all assess, and the septic system,
through the DEC, and my engineer hasn't evaluated that yet. We'll have to go through
all that first to see what needs to be done structurally first and what needs to be done
and then we can develop a plan around that.
Swarner: Okay. Thank you.
Williams' Okay, further questions of Mr. Kent. Ail right. Thank you very much.
Now, is there anyone else who would like to testify before the Board this evening?
Please state your name for the record, name and address and stand for the
affirmation.
Clerk: Do you solemnly swear or affirm the testimony that you are about to give in the
case now before this Board, to be the truth, the whole truth, and nothing but the truth
under pain and penalty of perjury?
Compton: I do. My name's Nolan Compton. I live at 2785 Beaver Loop Road and I
guess I have probably some of the same concerns that most of the people here this
evening have and that has to do with the definitions of hotel and food service. PZ-03
and PZ01-05 are both for hotels which open up to the general public for use of those
facilities, not necessarily just guide service by the definitions of the city on those
particular ordinances under the motel. 04 was applied for as a food service. Why was
it not ever applied for as a hotel? Because it's on the fiver, it will also have general
traffic. The boat dock will be for four boats as I understand the permitting on it and
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 19
there'll, that is only for food service and I guess that's not open to the general public
for food service.
I guess that's what the main concern that's coming up is the definitions the city allows
for what these are. I know that the DEC is going to have requirements as far as septic
system. That is probably the biggest concem for the, for PZ-03. It is also a concern
on Angler Drive, but on PZ-03, that facility having been a laundry and drycleaners,
also a mortuary, I would really question the condition because it hasn't been used in
quite a few years of that particular septic system and if you're going to add four cabins
to that particular location, most cabins are for four people. You would have sixteen
people, as well as what may be two people in office staff, if you're serving food, there
may be others. You're looking at probably 20 people. That's quite a large septic
system for that general area considering it is right on the wetlands. I don't know what
the DEC requirements are, I guess that's the concerns the people in the neighborhood
have. We've heard of what would be required, but due to past conditional use permits
seem to be a stepping stone for the next movement, the same as one of his permits
that he's asking for. I believe PZ-0S is to take it from a permit for, excuse me, to
modify to permit it for lodging and hotel. It's just, it seems like it's a proliferation that
occurs. You get a permit, you do it, you go to the next step. There is no, which I
·
brOught up at the zoning meeting, is that there'S no general policing of what occurs
there and it's become quite a concern. We put requirements on the permits that we
put down there, the gUys opened a gravel yard. We put a simple little requirement
that .they put up a iron gate for limited access. There's places down there right now
that do not have their iron gate up for limited access. It's been that way all winter.
We go in and we allow for other areas to be used as storage yards. We require that
they notify us of any additional equipment that they bring in there so that we can
pretty well, so the city can have a guideline as to what they bring in, but I know that
there's no one that takes a look at what they bring in and store in those lots. The
water table's very low down there, or very high to the subsurface and that's a general
problem. But going back to PZ-03, I guess, what does it allow when someone gets a
hotel.permit? What are, I guess one of the things in a zoning .requirement, is a
proposed business that would serve the needs of the neighborhood. I think that in
this case, we're serving the needs of the tourists that are coming to our neighborhood,
which is good for the community. I mean, I can't argue that aspect, but I don't think
that it's contributing to the actual benefits of the rural residential area of Beaver Loop.
There's no fire hydrants on our street. Another thing that kind of concerns me
because it also, because there are no fire hydrants, it makes my home insurance even
more expensive for me. It knocks my insurance up by about 35% because there's no
hydrants, even though I'm within three miles of the local fire department. That's one
of the things that I'm in the city and I, because of the benefits of a city, I would hope
that, I don't know what it would require for when you have four structures...or five
structures, side-by-side and 16 people staying there. I guess that's just kind of what
has hit me. I think that Mr. Kent's intentions and the way that he's outlined them, are
probably very good. I believe that the City of Kenai someway needs to capitalize upon
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 20
the tourist trade that does come to this community, but I believe that there should be
stringent requirements within the city, not necessarily on the DEC level, about these
types of buildings. In other words, I believe that the city codes should be more
stipulation and not relying on the state requirements, but have our own requirements
as to how we issue these permits. The City of Kenai is incorporated in so many areas
and it's going to have so many growing pains because there's so much coming here
and it's everything in this whole area, almost the way to Pickle Hill and the whole area
is within the city limits. And I just see more and more problems coming in the future
and maybe a guideline coming from the city council or the zoning department that
would break down the definitions of what we are allowing to happen in the
community. That's, thank you.
Williams:
Bannock.
Thank you very much.
Questions from the Board now.
Board Member
Bannock: Sir, if I could just speak to the DEC portion of your comments first.
Planning & Zoning, in meetings past, have spent considerable time grappling with the
issue of how to implement or utilize or require DEC requirements, which are a State,
operation of State government, into the things that Planning & Zoning does and, in
fact, the City of Kenai. In fact, in these matters, that has been pointed out several
times, the conditions of the conditional use permit, did include DEC approval. My, my
question to you would be, are you confident with the DEC regulations?
Compton: I don't know the DEC regulations. I don't know what their requirement
is for a facility that could basically have 20 to, if the building will allow a capacity of
60 people by the city zoning, as far as fire marshal goes, is there going to be 60 people
in there using the facility? Eating? You know, I don't know if the next step is to, to
apply for a beer, once you get a motel, is the next step to apply for a beer and wine
permit? I don't know. That's why I'm here is because I question these things and I'm,
I'm concerned about them and I don't know all the rules and regulations of DEC.
That's what, why I'd kind of like the city to look at those because I don't know how
much, what is the septic system requirement for a facility that can have a maximum
capacity of 60 people it? That building is large enough to house 60 people in
restaurant facility.
Bannock: And clearly, I don't know the issues of DEC either and there's probably a
board member here that knows more that all of us put together in regard to those DEC
issues, but I guess, the reason that Planning & Zoning has shifted towards that is
because we have recognized that. Planning & Zoning has recognized the ability of the
DEC to make their regulations so that we could not be in conflict with one another in
that if an applicant fails on his DEC test requirements, conditions, whatever thing
format they have, that would preclude him, that would preclude the applicant from
then continuing on with his conditional use permit. So, again, I guess I would ask
you, in regards to the wetland issue that you spoke of, if the DEC says yes to this
proposal as outlined, as he outlines it to them, are you okay with it, with that portion.
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 21
I know there's, there's another philosophical part of it too, but with regards to that
part of it, are you okay with that?
Compton: As long as it physically meets all the requirements and we don't have to
worry about any pollution problem to the Kenai River, I see nothing wrong with it
whatsoever.
Bannock:
Thank you.
And I think Planning & Zoning has taken that exact same position.
Compton' We have to protect the environment. That's the major concern of when
you start bringing that many people into an area that's not used to handling that,
because there's no sewer system there, so it is going to be on the requirement of the
individual land owners to meet and, and have it taken care of and as long as that is
met, I would say that that's fine, but I guess my problem is that if it's open to the
general public for the food service, then how many people can be required in there, I
guess that if it meets all those standards, then it does. But what I read was that it
was required to meet DEC standards for food service. When I read that it seemed like
that meant to me that the facility would be clean on the inside and meet all that for
food service. There's nothing on the other end that says that it's going to meet the
pollution, but maybe it does and I don't know that.
Bannock:
deal.
I would, I would have to say that from a DEC perspective, it's a full-meal
Williams:
Let ah, Board Member Bookey may have some enlightenment for us here.
Bookey: Yeah, I can assure you they're going to go through a stringent
engineering process and project and when we're speaking here in terms of DEC
approval, it will incorporate the septic system, which will have to be certified in state
levels, water...groundwater table levels, the whole thing. DEC is not going to let the
Kenai River become contaminated because of this project and it will incorporate the
eating establishment, as well as the requirements for the hotel, which would be up to
16 or 20 'people.
Now, if, if anybody goes in and decides that.they want to escalate this, that's where I
feel our conditional use permit will step up to the plate and say, you know, if he comes
back and says, now I want to add a hundred units to this thing, there, there's a
precaution for that to happen...not to happen. Am I correct in that we cannot, or they
will not let this permit escalate to that level unless it goes through another process
and another public hearing and comes back to the whole general public again. So, as
far as I see as a program for DEC, rm with Board Member Bannock in this, the State
is in a lot better position for them to take over 'this portion of it than the City of Kenai
and I think we're better served by the State doing than the City of Kenai.
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 22
Williams: Thank you. Yes...
Compton' Just one additional com..., thing that I would like to make would be to
Mr. Kent. As long as he keeps the charm of the neighborhood and has something that
fits in with the scenario of Alaska tourism and not something that becomes an eyesore
and is something of good value to the community, that it could be an asset to the
community as long as all the requirements are met.
Williams' Thank you. I might also say it's my understanding, I'm not completely
sure, but it's my understanding that the rules regarding liquor permits have been
changed. You had mentioned earlier about hotels and liquor permits. It used to be
that if you had ten rooms, you could get a liquor permit. I believe now it's thirty. The
State now requires 30 rooms for a liquor permit. However, there are beer and wine
licenses allowed for eating establishments. Those are, you know, some of the ground
rules that the State has.
Compton: I guess that's probably one of my concerns is because of the fact that
how things do progress, you know, and I live pretty close and I, I would hate to have
people leaving the area squealing fires at all hours of the night, leaving a, because of
the fact that alcohol is served in the area. That's would be one of my major concerns.
Williams: I think before they ever got to the 30 room portion of it, you'd probably
hear a lot of complaints from the neighbors. So...all right. Thank you very much.
dust a moment please, Board Member Moore had a question.
Moore: Not a question for the gentleman, but just a, I think Mr. Bookey asked a
question and I'd like an answer. Do we have provisions in place to ensure that this
does not go from three rooms, to 30 rooms, to 60 rooms. Is that going to happen?
Kebschull: As I stated earlier, even now he would not be able to build cabins as
shown on the site plan in the permit, without a variance, based on the land that's
available and the land use table. He could connect on to that building and build some
rooms because you're allowed up to a three-family dwelling, I don't have that in front
of me if my memory serves me, up to a three-family dwelling, but if it's the principle
structures, you are required in that zone, 20,000 square foot per structure and then
you have to meet the setback requirements and all those other things. So, he would
need a variance as far as, so yes. He'd have to go back through the public process
...(inaudible).
Moore: Thank you.
Compton: I guess I had one other question. Does the city work with the DEC in
relationships to the permits or does an inspector from the city that has to do with
anything, do they work with the inspectors of DEC department? No, there's no
coordination between the two agencies as far as anybody making sure that...
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 23
Williams'
Board Member Bookey.
Bookey: ...the State of Alaska takes precedent over the City of Kenai and they
have total control over DEC whether it's residential or commercial, it doesn't matter.
As far as City of Kenai is concerned, we take no part in the septic system ... or
residential. So, it's strictly a state, enforcement of state program.
Williams:
Yes, Board Member Frazer.
.Frazer: Well, except that we, the variance of the permit depends on approval by
DEC of the septic system. I mean, we're not going...
,
Bookey:
That's up to the individual to bring that back to the city though.
Frazer:
.Before the, the, right. So there is a little coordination there.
Bookey:
Yeah, that's all though.
Williams: Okay. Thank you. Thank you very much. All right, is there anyone else
that would like to testify?
Clerk: Do you solemnly swear or affirm the testimony that you are about to give
in the case now before this Board, to be the truth, the whole truth, and nothing but
the truth under pain and penalty of perjury?
Sievert: I do. My name is Laura Sievert and I live at 3329 Beaver Loop. I'd like to
ask the council to rescind all four of the conditional use permits that were granted in
January. As I've been sitting here tonight, I feel like I have a little bit better
understanding of what some of the terms mean; especially hotel. And I can see now
what Mr. Kent is allowed to do. I don't think I still understand exactly the extent or
how big a hotel could be and I also worry about, as it was termed, escalating into
something bigger. It seems that all he would have to do is come before Planning &
Zoning, ask for a variance, and from what we've seen in our neighborhood in the past,
it would be granted and we'd be back here again asking, appealing once again.
I have a lot of the same concerns that you've heard tonight. You can also read about
them. We talked about them at the hearing in January. Concerns about water.
Concerns about traffic on Beaver Loop. That road doesn't even have a shoulder. It's
not a road that's meant to go into a commercial area. I'm worried about the
neighborhood. It's a rural neighborhood. A rural residential neighborhood. As part of
this, the 03, Mr. Kent's going to be allowed to put a rather large sign up, I believe, and
I think that fight away, that's going to detract from the neighborhood, the rural feeling
of that neighborhood. Beaver Loop is different than, there is no other neighborhood
like it in Kenai.
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 24
I'd like to ask the council to be really conservative in granting these conditional use
permits. It seems to me that there should be some kind of substantial benefit either to
the neighborhood, or even to the City of Kenai in general before a permit is granted
and I don't really see that there's a benefit to the neighborhood here. I think for, there
aren.'t very many of us~ of here tonight, but I think for each of us, there are probably
eight or ten fami!i~es that, that live in the area that would agree with us. They live
there because they want to live in a rural area. They built houses there. They've
invested a lot of time and money in the neighborhood.
I don't think that it would benefit the neighborhood and I'm not even, I know the tax
benefit would be good to the City of Kenai, but looking at the big picture, I don't
believe that willy-nilly granting of commercial permits here and throughout Kenai is
really of a benefit to our city and Mr. Krein touched on some of these ideas earlier. I
think some of the things that I read about, the economic development conference that
happened in February, people talked a lot about how we need to have a better vision,
more of a coherent plan for what the City of Kenai should at, look like; where we
should be developing commercially. It is a calling card for tourists, this area, and strip
malls between here and Soldotna and all along Beaver Loop are not a drawing for
tourists and they don't make Kenai a good place to live.
I'm also concerned about overseeing variances once they've been issued. We've
already talked at length about that. There is a lot of vacant land as you can see in this
area and I just worry that once we have a hotel, especially the three on Beaver Loop
with a sign, that it's just going to open the door to more development in the area.
There, there seems to be an idea kind of floating around here tonight that, well there's
so many, there's been so many variances granted already, or so many conditional use
permits and variances granted for Angler, wow, what's three more. Well, I feel the
same way. We grant one on Beaver Loop, well we already have one, what's one more.
What's ten more. Thanks for your time.
Williams: Thank you very much. Are there some questions from the Board now.9
Okay, thank you. Okay, is there anyone further that would like to testify?
Clerk: Do you solemnly swear or affirm the testimony that you are about to give
in the case now before this Board, to be the truth, the whole truth, and nothing but
the truth under pain and penalty of perjury?
Zorbas: I do. I'm Greg Zorbas. I reside at 1308 Barabara and have just recently,
within the last year and half, moved into the neighborhood and would applaud the
research and work that these people have done and I guess my concern would be,
especially after sitting here and listening and doing a brief bit of research today, that I
don't see anybody here that is going to regulate what goes on after the permit is issued
and I think the history of the area shows that, in what I've seen and heard so far
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 25
tonight and that would be my biggest concern in that we kind of heard this little four
cabin, five cabin, hotel, not hotel, what's a hotel. Well now, all of a sudden, we're
going to be driving to our homes and we're going to see a, a remodeled major building
with four or five cabins around it. A sign. We're no longer driving down just looking
at trees and houses and a residential neighborhood. We're in a commercial
neighborhood and it would be, that would be the biggest concern that I would have is
who's going to oversee what's going to happen after, after the permit's issued. Who
does that?
Williams: Okay. Thank you. Thank you very much.
Yes, Board Member Porter.
Questions from the Board?
Porter: It's not really a question, but I thank you for that comment because that
is one of my main concerns in being a city council person is that I don't think there is
enough code enforcement. I think if you have ordinances on the books, then
somebody needs to enforce them. We need, as a council, I think we need to take a
more active role in making sure that happens in the future. So it's, for me, it's good to
hear you say that because I think it's wrong for citizens to have to be the code
enforcers, or to bring the code, the, the codes that are not being enforced to the
attention of the city. I think that as we have city employees that drive past areas that
notice that things are not right, then the code should be enforced. So, I appreciate
your comment.
Zorbas: Yeah, thank you, cause I, I agree wholeheartedly with that and I talked
on the phone today, I'm, I'm having a hard time understanding this process. We have
a zoning and planning commission, we have an area that's zoned commercial, or
zoned residential, rural residential. We have a commission, a board of people that
area, that are supposed to say no, this is a rural residential area, and I, and I kind of
had that spelled, you know, kind of educated myself a little bit, with the help of some
other people that work for the city, and that it still doesn't seem, it doesn't seem like
it's the right order. That we have a commission that should uphold the zoning and
yet, we have to come as citizens and appeal what we, you know, I just recently bought
property in that area and it was, I, I, expect it to be a residential area. I don't expect it
to be a commercial area and I, and I, so the process doesn't seem, it's not making
sense with me the way the process works here and, and I don't know if that's, you
know, it seems fair to me to have, to have, cause that's my, that's the way I'm seeing
things.
Williams: I think those are areas where the city is trying to catch up on itself. You
know, the very idea of the City of Kenai still as a rural community, a small community,
gives way to the thought that we should be allowed a lot of freedoms in the things that
we do and the way we make our choices and how we do things and yet, the city is
growing and it's, it's getting bigger and more and more people are coming in and as
that occurs, the city council, the city boards and commissions, has to cope with an
ever-changing environment within the city. So they have to keep continuously looking
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 26
at their rules and regulations and the city's been doing that. That's one of the things
that we've come to grips with this year in the new zone, the new code that Ms.
Kebschull mentioned earlier that we passed because, by the very nature of mankind,
he's, he's encroached upon the rights of others and so therefore, we have to make
another rule, which we did.
This whole issue of changing the planning and zoning outlook on things. The sign
code that we're coming to grips with, completely overhauling the sign code because of
the very changing nature of the city. So, we're kind of evolving. The rules and
everything are evolving as the city grows too and I think these kinds of public hearings
cause those changes. Cause those evolutions to take place. So what you're seeing
here really is a changing picture that's kind of moving along with the growth of the
city.
Mr. Kent there are a couple of questions that I would like to ask you if you don't mind
coming back to the table...
Zorbas: Could I, I, I just, I had a letter too that I want, that I want from my wife
that I wanted to...
Williams'
Okay, that would be fine.
Frazer: John...
Williams:
Yes, a question.
Frazer' I, I just wanted to, I'm looking, this was in our packet, it's Chapter 14.22,
Land Use Table, and it's coded "P" is the principle use, "C" is a conditional use. Under
rural residential zoning, as I read this, and correct me if I'm wrong, hotel/motel is
eligible under that zoning designation for a conditional use permit. I mean, we have a
list of what's eligible for conditional use permits within a certain zone, it isn't just
anything. Some things are not eligible for conditional use permits. For instance, six-
family dwellings. No, excuse me, I was just looking down through the list to see what
wasn't eligible. But that a hotel, under our land use table, is eligible for a conditional
use permit under the rural residential zoning.
Williams'
You're correct. That it true. Okay. Just a moment...
Zorbas' Oh, okay but, you know, to get a permit, to put a commercial structure
in, okay, it's on the books, it's okay to get the permit, but we still have this process to
go through, I guess is what you're...
Frazer: Right.
the process to get it.
It's eligible.
Right.
It's, it's not okay. It's eligible.
It has to go through
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 27
Zorbas:
Right. Okay, and so who would I, who would I give this letter to...
Williams: Please bring it to the Clerk.
before, into the record, or...
Okay, did you want to read that letter
Zorbas:
Do I need to do that?
Williams'
It would be best if you read the letter into the record, yes.
Zorbas: (Reading the letter.) Okay, Dear City Council Members. I would like to
express my dissatisfaction with the Planning & Zoning Commission's recent decision
concerning the property at 2880 Beaver Loop Road. It is my understanding that the
approval permit was given for office, retail space, guide service and hotel. As a
neighboring property owner on 1308 Barabara Drive, I feel this decision is unjustified
for the residential area such as ours. The Beaver Loop Road area is primarily
residential and more traffic to an already narrow and heavily-used road, this type of
facility brings noise and depletes property values when they are injecting commercial
facility in the middle of a residential area. With a, when a hotel, office, retail space
permit is granted, how will this be restricted? How big a facility are we allowed to
build? Who regulates this? Prior experience demonstrates that most of these facilities
are not regulated enough and that buildings will be too big for the area and/or not fit
the appropriate topography of surround, and surroundings. It is my hope that you as
a city, Kenai City Council Members, will realize a prior error in proper judgment by the
Planning & Zoning Committees and will reserve the decision on behalf of the city
property owners as myself. Sincerely, Kathy Zorbas.
Williams: Okay. Thank you.
Zorbas: Now...
Williams: Please submit it to the Clerk. Okay. Interestingly enough, when you go
to the rural residential zone, purely as a .rural residential zone, virtually everything
allowable within the city is eligible within the rural residential zone. If it's, if you apply
for and it's approved. That's what I say, is eligible if applied for and approved. Board
Member Swamer.
Swarner: I have a question I guess of Marilyn and maybe it's in here in the
paperwork and I just haven't seen it. But, in regards to the property on Beaver Loop,
when it was used as a laundromat and as a mortuary, did it have a conditional use
permit?
Kebschull:
city.
No, it's my understanding that those were done prior to zoning within the
Swarner:
Well, it was a mortuary not that long ago, I mean, in my lifetime.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 28
Kebschull: Yeah, I, they don't have a permit there. It's just be listed as a
commercial property with the borough so I don't know if the use is (inaudible) or if
they never had a conditional use.
Swarner: Thank you.
Williams: Thank you. Again, going back to my earlier statement, for those of you
that have chosen to live in the rural residential zones, again by virtue of the city's very
rules and regulations, it is the most liberal, the most liberal of every, all zones within
the city with regards to what can be expected to happen out there if things are applied
for and approved. I don't know if you realize that or not, but you can put virtually
anything from a sanitarium, to a union hall, to a tire shop, to whatever, out there, as
long as everybody, you know, applies and the, and the permits are granted and that of
course, goes through the public process. So, it is the most liberal of all zones and, go
ahead, you'll have to come forward for a comment and agar, once again, give your
name for the record.
Compton'
My name is NOlan Compton.
Williams' Yes.
Compton' I guess may question is, is how would someone go about changing the
zone in a certain area if the city, because the city designates these zones, do they not?
Williams: Um-hmm.
Compton: How can a group of people in a community go about re-changing the
designation of the zoning in their area?
Williams: Probably the person most familiar with how to do that would be Ms.
Kebschull or Mr. Bannock who has served on the Planning Commission, as our liaison
for a long time. Ms. Kebschull, would you care to, to answer the question.
Kebschull: Well, interestingly enough, probably, I believe, it was about two years we
just went through an redid the whole land use table and we had several public
hearings and probably over a period of six to eight months, Councilman Bannock
could probably clarify that, that we went through and debated what uses should be
allowed by zone and it was revised and accepted by the Planning Commission and the .
council approved it. So, you know, it has just recently been redone and so, when we, I
guess it would be up to your citizens to approach council again or approach the
Planning Commission and probably the best time to look at it, I would say, would be
during the Comprehensive Plan update that's going to be done here in the next year or
so. Because at that time we'll be looking at all zones that we have planned use,
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 29
looking areas, looking at tra/fic patterns and how development is and then looking
what needs may need to be changed.
Williams:
That's correct. Board Member Bannock.
Bannock: Just to, just to embellish that, philosophically speaking, our, well not
philosophically, actually our zoning laws and ordinances that we have, are less than
twenty years old in the City of Kenai. There are a lot of things in the City of Kenai that
are older than the current zoning. Now, when we look over at the map to the left, the
map on the bulletin board, that light green area which encompasses the majority of
the outlined area, is zoned rural residential. I'm talking the map on the, on the cork
board. Yeah. That green area represents rural residential (tape change) are going to
take an area as large as that within our own boundaries, the, the greater we force the
restrictions to it, we had this, we had a discussion similar to this eight years ago
during the Townsite Historic and there was a debate, is the physical, as the physical
size of the zone grows, so does the amount of things available to go in them goes. We
make a smaller zone, then we can be more descriptive and that conversation was had
during Townsite Historic, that conversation was had at the meetings that Ms.
' Kebschull just spoke of, but if we're going to have, I'll say, is it safe to say, 70% of our
total land in rural residential, what is it that we're trying to do?
Now, I've gone on record many times as saying, that sometimes what we have is bad
zoning, where we have something taking place that the book calls it rural residential,
the map calls it rural residential, yet in practice, what is going on is not rural
residential and with, with no disrespect to the people that are in the audience, when
we look at the Beaver Loop area, a large portion by acreage of Beaver Loop area, while
zoned rural residential, is anything but. So, is it a perfect system? Absolutely not.
Could it be reworked and could it be retooled? Absolutely. I would just encourage the
Board not to, not to utilize the zone rural residential from a narrow-minded focus that
says, rural residential cannot have any commercial in it because the, the alternative,
or the only reason that we would want to do that is to then begin a massive rezone
because clearly, 75% of our area is not used for residences and I use that from the
phrase rural residential, that's not the case.
Williams: That's, that's absolutely correct and that goes back to what I said earlier,
rural residential is the most liberal of all zones we have, by far. If you really want
restrictions, and you want to watch and have everything controlled in the area that
you want to live, then you have to move into RS-1 or RS-2 where, you know, the
majority of knows "you can't do that's" are issued. However, in doing that, virtually
everyone who lives in the rural residential area, because of the very nature of it, would
not, under any circumstances I would dare say, would want to live RS-1 or RS-2
because those are the areas where there are most restrictions apply. Then you have
everybody next door to you down on your neck if you do the least little thing at all. So,
it's, it's really quite, quite a array of things that can be taken care of there. Again,
going back to what Councilman Bannock, and we're just kind of a having a free.-
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 30
flowing of conversation here, but under the present circumstances, if you wanted to
jump out and start rezoning, the very first place that I would rezone would Anglers
Acres. I would zone it something other than resid...rural residential because it's
certainly is that. It would go almost into a commercial nature by the very basis of the
activities that are taking place there. Board Member Swarner.
Swarner: I guess, maybe more to answer your question, you and your neighbors
can get together at any time and come and meet with the city administration and
rezone your particular area or you know, or put restrictions on...
Williams'
Petition to have rezoned...
Swarner: Certain blocks and you know, you can do that. You don't have to wait
till the Comprehensive Plan if you don't want to, but that would be an appropriate
time and I would encourage all of you to be participate in the public hearings.
Williams: Ail fight. And again to expand on the issue of the comprehensive study
that we're going to do over. the next year to eighteen months, I would imagine it's going
to take that long, the City of Kenai is planning to do a massive review of the entire city
to the extent that we're going to spend about $100,000 in the process and so we would
certainly encourage all the citizens to attend the public hearings and to come out to
help us with that comprehensive plan because it, in fact, is going to set the tone of
how the city looks, operates, and deals with itself for the next ten years. So please
take part in that process as well.
So, other comments from...yes, Board Member Frazer.
Frazer: Just to kind of elaborate on that a little, the economic forum that we
had, I guess it was a month, two months ago, the, the large part of the testimony in
the complaints were how to attract business into Kenai. Why were businesses going
to the, our neighbor and I think in connection with this comprehensive plan, that's
what we're going to have to probably deal with to some degree in neighbors it's obvious
that the rural residential being that much of the land, including the Spur Highway
and all that, that, there is going need to be considerable input because zoned rural
residential, everything would have to come out of a conditional use permit. So I think
that you probably will want to be a part of the process the comprehensive plan, if '
that's, if that's the direction the city is moving in, as to where the commercial ventures
go and what gets rezoned to allow it and so forth were just, just my thoughts as an
outcome of that forum that we, we had.
·
Williams: Thank you.
council.
All right, is there anyone else that would like to address the
Compton'
Could I make just one more comment...
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 31
Williams' ...yes.
Compton: ...in reference tonight's PZ's. I guess one thing that was brought up as
done on the, there in the Angler Acres area there's been probably 27 different
conditional use permits issued in that particular area but this is the first time that it's
ever come up with the conditional use permit for hotel. It's always been bed and
breakfasts and more remote, or what would be considered rural area, and I think a
hotel is more commercial and I think we're starting to step out of what that zone down
there really is, which is a rural residential. Either that or maybe take Angler Acres as
it came up earlier, and make that a commercial zone and keep the rest of the
community down there a rural residential area instead of tending to lean towards a
commercial area. Thank you.
Williams' Thank you.
taken the oath yet, so...
Please come forward.
Name for the record and, let's see, you
Schrag: Okay.
Clerk: Do you solemnly swear or affirm the testimony that you are about to give
in the case now before this Board, to be the truth, the whole truth, and nothing but
the truth under pain and penalty of perjury?
Schrag: I do. Mark Schrag, 312 Princess. I guess you brought me out with your
last comments about anything, you know, about anything is eligible in the rural
residential and I guess my concern is that, that you continue to listen though closely
to the, listen to the concerns of the residents in that area cause you know, we, we're
expecting another round again coming up here at some point that, you know, it's our
neighborhood was pretty solidly behind wanting to stay, you know, residential, even
though we're in an area there where it's, it's a conflict, and I guess, we feel like you
guys backed it up the last time that we came here, but, you know, we're concerned
about how many times, I think you saw the one letter to the editor there that, how
many times, what part of no, do you not understand. So, I just hope that you know,
that you listen to balance that out, you know, the need for development, balance that
out there with the wishes of the residents in the area. Particularly when it's a strong
percentage of the residents that area that are asking that. I guess that's, that's all I
have to say. Because you know...
Williams'
Okay, thank you...
Schrag' ...it's, I guess the other, I didn't think about saying too much, but it's, it's
hard for us to fight and you say, you can just come and change the zoning, but it's,
you know, it's not that easy by any means at all. So, thank you.
Williams'
Okay, thank you very much. Mr. Kent.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 32
Kent: Yeah, I'd like to talk about zoning. I, instead of what Mr. Lloyd, was it,
the one who wanted to change that to a commercial zoning, then you could just,
anybody could go in there and just do there, you know, there commercial ventures
and I think you ought to keep it rural residential, that way they have to apply for the
permits and everybody gets heard about it and it gets reviewed and it gets more
scrutiny. Because, like I said, it, you know, I support the, my neighbors. You know, I
live there, my family's there and there is a lot of concern with the gravel pits and what
not, and I think they need to be policed and people, you know, kept on what their
conditional use permits are and that's why we're here tonight is to, is to do what we
say we're going to do. Not, you know, get a cabin rental, then run a B&B or get a B&B
and then serve meals out of it. We're trying to get it the way it's supposed to be
complied and keep it that way.
Williams: Thank you. You know the whole area down on Beaver Loop for many,
many, many years has had monstrous questions come before, brought before the
Planning & Zoning and the council as well. I've watched the evolution of that area
myself for more than 30 years as most of us have here and I think there's been more
discussions about development in that area than'virtually anyplace. When it comes to
issues of residential versus gravel pit development and storage yard development, and
all that sort of thing, and yet, when we take a hard look at .it, we'll find that areas,
traditional areas of Pelch's pit and Cone's pit and Doyle's pit and all of those things
have been there for 30, 40 years. They were there before the darn zones were there.
They were there before the code was written. Extractions of minerals and all that sort
of thing were taking place years before people actually started to settle and develop
and build in there and so it's really tough to deal with that area when it comes to
saying, you can't do this and you can't do that, because it's traditionally been done for
so many years. It reminds me a lot of complaints we get from the airport, and in fact,
one group that sued the city because of the noise from the airport, when in fact, the
airport had been there long before the group moved in or built or developed or even
thought about moving to Kenai, the airport was there. You deal with all these things
and you try to figure out how to best adjust things to make accommodations for all.
But that area, that Beaver Loop area, we've set here for years and years and years and
tried to figure out how to best accommodate everyone. So it's not a situation of
planning and zoning group and the council not hearing you. We hear you and we
listen and we try to accommodate the whole, the whole thing as much as possible.
Believe me. So, yes, .Board Member Bannock.
Bannock: Well, as you mentioned earlier, in regards to the age of things that are
there and regards to the age of our zoning, there's a Planning & Zoning Commissioner
in the audience tonight that will also remember if we, if we look on the map, if we can
go to the zoning map, you'll find two blocks in the zoning maps that are bright red.
One of them, one of them is off Redoubt Avenue and one of them is in the golf course
area. Those zones are, that zone and the Townsite Historic Zone are the two newest
zones that were created within the last ten years. The Townsite Historic Zone, of
course, is in Old Town. We know all about that. The red zones that are listed there
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 33
are called "Recreational Zones" and one of the areas that the recreation zone was
targeted, I should say, was the Anglers, Beaver Loop, Beaver Creek, I should, rm
sorry, Beaver Creek, Anglers area because it did allow for such mixed uses as what we
have and I remember in some of the work sessions that we had, when we created the
recreational land use, we gave specific examples of what things belong with the
natural resource that's there. Well clearly, one of the benefits of, of Angler Acres is the
beauty of the Kenai River and Beaver Creek, okay. So what's going to be there that
belongs there? There's going to be homes. There's going to be lodges. There's going to
be bed and breakfasts. There's going to be guides. So, rm not interested in having a
discussion necessarily tonight about rezoning, but when we look at the different zones
that the city has, probably the zone that is best fitted for that particular piece of
ground is the red recreational zone.
Williams:
So that might be a discussion for a lot of review...
Bannock: I would urge that, the members to research into that a little bit, the
members of the community in that part because while it allows, it is not carte blanche
commercial zoning. Remember, in a commercial zone, there is no public hearing if a
fellow, if an applicant wants to build a gas station in a commercial zone.. An applicant
builds a gas station, okay? As the Mayor pointed out, in some of the RS zones,
suburban residentials, you got to come before, if you want to have a detached garage
or something like that, a six-foot high fence. So the recreational zone, which we have
along the golf course area and a, to be honest with you, I don't know why we picked
up on Redoubt, the Redoubt area, I think that's the old solid waste transfer site. The
old dump. It's not even the transfer site. But, the, when we go through and we look
at the what is allowed, what the makeup is designed to look like, I would encourage
those members to pay attention to the recreational zone as I think that that is what we
have and allows it to be controlled. Thank you.
Williams: Thank you. A good comment to make for the, for the comprehensive
meetings that we're going to have. The meeting is carried on a little bit longer, but I
think some of these conversations we've had this evening has given us food for
thought for the upcoming comprehensive meetings that we're going to have. We'll be
deeply involved in a lot of them so this meeting has been, you might say, a prelude
and very, very interesting and very informative for us too. Now I might ask, is there
anyone else now before we move on that would like to testify? Mr. Kent, did you have
something further to say before you?
Kent: No.
Williams:
Okay, thank you. Mr. Krein?
Krein: Jim Krein. I just wanted to thank the city manager and the staff down at
city hall. When I was in there, very professional. Anything you ask for, they were
Johnny-on-the-spot to get it to me when I was in there asking for some information
BOARD OF ADJUSTMENT HEARING
MARCH 6, 2001
PAGE 34
and I just want to applaud the city staff that's working here for the diligent job they
provide the City of Kenai.
Williams' Thank you very much. Ms. Kebschull has been doing a wonderful job
and you might know she recently was the, on behalf of the city, the recipient of a
major grant that was rated the best in the state as far as her application was
concerned. She's also in charge of this wonderful new technology that we have before
us where she's able to virtually flash anything up on the screen in these manors.
She's been working diligently at this for, what about a year now to put this whole
thing together?
Kebschull:
For two years.
Williams: Two years, nearly to years and she's got it down to almost perfection. It
amazes me the technology that we've been able to put together, but these things have
been a great'help and I was just setting here thinking earlier that, had earlier Planning
& Zoning Commissions and earlier members of councils had this kind of technology
available to us, how much easier the decision-making process would have been or
might have been, if you'd been able to just continually take changes and different
pictures and look at them and see how the town has being arranged and how it's
growing. Technology is wonderful, I think. So, with that, coming, yes? One more and
then we're going to move along.
Zorbas: Greg Zorbas. I'm, I'm looking through the packet. Can, can somebody
help me out with, there's a list that says, it's got BA-3-6 and it's a list of names yet I
don't see, I'm trying to figure out what exactly the list of names, because I'm looking
through to try to find who is in favor of this and I, with all due respect, Councilman
Bannock, I, I, I'm gathering that you're, you're in, you know, economic development
and we need commercial, we need this stuff. But, other than that, I'm, I'm not hearing
a whole lot of support from, from us here and I'm looking for support for this project
and I'm wondering what this list might be. I see some people here that I know are not
in favor of it.
Williams:
I'll, I'll ask the Clerk to address that BA-3b.
Zorbas: 3-A, okay.
Clerk: The list is the to whom the notice were sent to.
within the 300 feet radius...
All the property owners
Zorbas: Oh, okay...
Clerk: ...and others that have maybe spoke at the Planning & Zoning
Commission meetings that have shown an interest.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 35
Zorbas:
Okay, thank you.
Williams:
Yes? Yes, please come forward. It's Mr. Richardson, isn't it?
Richardson: Yes, Lloyd Richardson. I would like the ask the council, as well as the
planning committee, as I know there are members here that are on both, if we're going
to rubber stamp these or give serious consideration to these conditional use permits
for high-density areas as is being created down on Angler Drive, we also give the same
serious consideration to putting in the services necessary to protect the groundwater
and the river in that area, including sewage. There's no city sewer down there.
There's no city water. There's wells in the area that have been known to be
contaminated because of the high density and the high water table. So I just ask that
if this type of permit and permits in the future are considered and granted, then we
give the same serious consideration to taking care, or being responsible in putting in
the city sewer and city water in that area. Thank you.
Williams- Thank you very much. There would be nothing to please me more than
to be able to get that kind of money. We put over four million dollars into the project
to go out to Thompson Park because we were deeply concerned about the conditions
out there. I dare say, it would cost eight million to get to Angler Drive with water and
sewer. Boy, I don't know where we'd even begin to look for that kind of money...
Richardson: Sir, the city sewer, to get to Thompson Park, crosses Beaver Loop.
Williams: I know, but from there to Angler Drive is a long distance. That and the
condition, as you say, the water table in there is something to cope with. Okay, we'll
bring it back to the Board. Is there any further discussion of the Board? All right,
seeing no further discussion then, the Board has thirty days to review the material.
We'll be looking at it very closely and we will, within 30 days after this hearing, render
a decision on the appeal and we may impose appropriate conditions and safeguards if
we choose to do that. We may vote against doing it. There's any number of directions
we can go. I will say that any conditions imposed will be reasonable and not arbitrary,
unnecessary or oppressive, and they must be related to and incidental to the proposed
· use of the property. Thus the Board is not limited to an aff~mance or reversal of the
action below, but may use its judgment, discretion in making such modifications and
attach such conditions and restrictions to the granting of a variance as in its opinion,
should be made. So, we will work with the administration and we. will guarantee to
have you an answer within 30 days.
The attorney advises me we will send everyone a copy and we will put it on our website
so that it can be reviewed on the website as well. So there should be no problem with
that.~
Is there anything else to come before this Board of Adjustment? Seeing nothing else to
come before the Board, we stand adjourned.
BOARD OF ADJUSTMENT HEARING
MARCH 6,2001
PAGE 36
Board of Adjustment adjourned at approximately 9'09 p.m.
Transcribed and submitted by:
Carol L. Freas, City Clerk
AGENDA
KENAI CITY COUNCIL- REGULAR MEETING
MARCH 7, 2001
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)
K.T. Peters--Youth Court Update
ITEM C:
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.
Remove from table.
Consideration of ordinance.
e
Ordinance No. 1896-2001 -- Increasing General Fund Estimated
Revenues and Appropriations by $10,480 for Revenue Sharing Pass-
Through Grants.
.
Ordinance No. 1897-2001 -- Increasing General Fund Estimated
Revenues and Appropriations by $14,040 for Memorial Park Sidewalk
Extensions.
,
Ordinance No. 1898-2001 -- Amending the Development Requirements
Table by Adding the Requirement that Front' Yard Setbacks be Measured
from the Right-of-Way or Access Easement.
e
Ordinance No. 1899-2001 -- Increasing Estimated Revenues and
Appropriations by $170,000 in the Airport Terminal Enterprise Fund for
Carpeting and Floor, Coveting Replacement and Seating.
,
,
,
o
10.
11.
ITEM D'
Xe
2.
3.
4.
5.
6.
7.
ITEM E:
Xe
ITEM F:
ITEM G:
.
ITEM H:
Resolution No. 2001-12 -- Supporting HB 93 Entitled "Kenai Dip Net
Fishery Permit Fee."
Resolution No. 2001-13 -- Transferring $23,900 from General Fund
Contingency for Purchase of a Police Patrol Car.
Resolution No. 2001-14-- Awarding the Bid to Kachemak Electric, Inc.
for Public Safety Building Fluorescent Light Replacement - 2001 for the
Total Amount of $41,232.
Resolution No. 2001-15 -- Awarding the Bid to Arctic Office Products
for Kenai Airport Terminal Chairs and Furnishings - 2001 for the Total
Amount of $45,195.
Resolution No. 2001-16 -- Awarding the Bid to CYS Management
Services, Inc. for Kenai Airport Terminal Floor Finishes - 2001 for the
Total Amount of $126,850.
Resolution No. 2001-17 -- Transferring $2,000 in the Water
Department for Engineering the Gill Street Crossing.
COMMISSION/COMMITTEE REPORTS
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Kenai Convention & Visitors Bureau Board
c. Alaska Municipal League Report
MINUTES
,,
*Regular Meeting of February 21,2001.
CORRESPONDENCE
OLD BUSINESS
,
Discussion -- Multipurpose Facility Refrigeration and Library Expansion
Update.
NEW BUSINESS
o
Bills to be Paid, Bills to be Ratified
e
Purchase Orders Exceeding $2,500
,
*Ordinance No. 1900-2001 -- Finding that Certain City-Owned land
Described as Block 3, Five Irons Heights Subdivision, Consisting of 4.391
Acres, as Shown on the Attached Exhibit A, Is Not Required for Public
Purpose.
o
*Ordinance No. 1901-2001 -- Increasing Estimated Revenues and
Appropriations by $4,607,137 in the ARFF/SRE Capital Project Fund.
Approval-- Consent to Assignment of Lease/Consent to Assignment of
Lease for Security Purposes/Amendment to Lease -- Lot 4, Block 2, Cook
Inlet Industrial Air Park/Stephen Karakash to Julie Latta.
6~
Discussion -- Inlet Woods/Proposed Combining of Lots
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
KENAI CITY COUNCIL- REGULA~ MEETING
MARCH 7, 2001
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http' //www.ci.kenai.ak.us
MAYOR JOHN J. WILLIAMS, PRESIDING
ITEM A:
,,,
CALL TO ORDER
Mayor Williams called the meeting to order at approximately 7'04 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.
Swarner, Moore and Porter.
Present were:
Bannock, Frazer, Williams, Bookey,
A-3. AGENDA APPROVAL
Mayor Williams requested the following changes to the agenda:
ADD TO:
G-l, Old Business -- Project Schedule/Multipurpose Facility
Refrigeration
MOTION:
Councilwoman Swarner MOVED for approval of the agenda as amended and
Councilman Moore SECONDED the motion. There were no objections. SO
ORDERED.
A-4.
CONSENT AGENDA
There were no requested 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
B-Xo
K.T. Peters -- Youth Court Update
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 2
Peters gave a brief update of the development and activities of the Kenai Peninsula
Youth Court and thanked the council for .the support it has given toward the program
over their five-year history. She noted, court participants are given a crash course on
law and given a comprehensive bar examination before trying youth court criminal
proceedings. Since the establishment of the Youth Court, the rate of juvenile crime on
the Peninsula was effectively reduced.
Peters also reported Kenai would be hosting the 2001 Alaska State Youth Court
Justice Conference from April 5-7. She invited council and administration to their
reception to be held on Thursday, April 5 at 6:00 p.m. at the Kenai Senior Center.
noted, a tentative schedule of activities for the conference were included in the
council's packet.
She
Peters also noted, she first came before council as a little girl and asked what was
going to be done about the erosion' and destruction of the bluff. She said she was
happy the council had not given up on finding funds, etc. to restore and protect the
bluff (through the coastal trail project) and wished Mayor Williams and Councilwoman
Swamer good luck during their meetings with the congressional delegation in
Washington during the next week.
ITEM C:
PUBLIC HEARINGS
C-1o
Ordinance No. 1877-2000 -- Amending KMC 13.30.080 to Include
Prohibitin§ the Operation of Motor Vehicles on the Ve§etated Areas of a
Portion of the South Shore of the Kenai River and Cook Inlet.
C-la.
Remove from table.
MOTION:
Councilwoman Porter MOVED to remove Ordinance No. 1877-2000 from the table and
Councilman Frazer SECONDED the motion. There were no objections. SO
ORDERED.
C-lb.
Consideration of ordinance.
MOTION:
Councilwoman Porter MOVED to adOpt Ordinance No. 1877-2000 and Councilman
Frazer SECONDED the motion.
Robert Ruffner -- Introduced himself as the Director of the Kenai Watershed Forum.
He noted there had been a number of measures taken to protect the dunes on the
north side of the Kenai River and cautioned the dunes on the south side were.no less
important and could be more important. He noted the long-term prognosis was the
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 3
River would change and the dunes that are in place formed during major storm
events, and the vegetation that grows will provide a significant barrier for protection.
· Ruffner noted he was not speaking to how to enforce protection of that area, but felt it
very important to proteCt the natural vegetation.
Councilman Moore noted the city had pondered putting a road through that area for
vehicle access to the beach and asked Ruffner's opinion. Ruffner noted any road
should access in a direction that it wouldn't be washed out by the tides and movement
of the river and that the vegetation should be kept in tact as much as possible.
City Manager Ross noted, passing the ordinance would be used as information and an
educational tool and didn't want council to think it would be enforced year around,
but more during the dip net season. He added, the ordinance would be extremely
difficult to enforce.
Bannock noted nothing had changed since the last meeting when the ordinance was
before council for public hearing and referred to his comments of that meeting. He
added, he would not support the ordinance.
Frazer stated he believed it important to protect the south side and because the
ordinance could not be enforced was not a reason not to have the law as in the future,
the ability to enforce the law may change. Frazer stated he would support the
ordinance.
Porter stated her main reason for requesting the development of the ordinance was
from a review of the area with Councilwoman Swarner when they realized the extent of
the problem. She realized it would be difficult to enforce the ordinance, but if the
ordinance was on the books, there would be a tool. Porter added, she wanted to have
the ordinance in place so there is a tool when problems do arise.
Moore stated he would support the ordinance as it would offer a tool for enforcement.
VOTE:
Porter: [ Yes
Yes
Yes
Williams: Yes
Moore: Yes
MOTION PASSED.
Williams noted, it was understood there would not be a lot of enforcement on a
continued basis, but would be on a periodic basis.
KENAI CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 4
Ordinance No. 1896-2001 -- Increasing General Fund Estimated
Revenues and Appropriations by $10,480 for Revenue Sharing Pass-
Through Grants.
MOTION:
Councilwoman Swarner MOVED for adoption of Ordinance No. 1896-2001 and
Councilman Moore SECONDED the motion.
There were no public or council comments.
VOTE:
Bannock: Yes Frazer: Yes Williams:
Bookey: Yes Swarner: Yes Moore:
Porter:
Yes
Yes
Yes
MOTION PASSED UNANIMOUSLY.
C-3.
Ordinance No. 1897-2001 -- Increasing General Fund Estimated
Revenues and Appropriations by $14,040 for Memorial Park Sidewalk
Extensions.
MOTION:
Councilwoman Swarner MOVED for adoption of Ordinance No. 1897-2001 and
Councilman Frazer SECONDED the motion.
There were no public comments. Parks & Recreation Director Frates referred to the
drawing included with the ordinance and explained the Parks & Recreation
Commission and Beautification Committee both discussed the matter. He noted, the
long-range three-phase design was developed for the Park and was based on the
average sale of spaces for the last eight to ten years. It was estimated Phase 1 (Loop
A-1 and A-2) would allow enough spaces for sale over the next five to six years.
Williams requested that C-2 (going toward Spur View Drive) be excluded from the
design so that a memorial wall with benches, etc. could be designed and situated in
that area and that he had requested a design brought back for review.
Swarner reported the three-phase design had been approved by the Beautification
Committee and Parks & Recreation Commission. A memorial wall had also been
discussed and it had been decided that instead of a wall, memorial bricks would be
added to the fountain which was also agreed to by the Hansen family. It was also
noted a funding request had been made to include the brick memorials in the
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 5
upcoming budget, however the request was denied due to other identified priorities
which could be amended by council during budget hearings.
Williams stated he would investigate a design for the wall and would enlist services of
some volunteers and could be funded by the community. Frazer noted the Parks &
Recreation Commission discussed the matter in depth and suggested Williams may
want to include some of the Commission members in his discussions. Swarner
suggested Beautification Committee members should also be asked for input.
VOTE:
Bannock: [Yes Frazer: lYes Williams' Yes
Bookey: Yes Swarner: lYes Moore: Yes
Porter: 1Yes
MOTION PASSED UNANIMOUSLY.
C-4.
Ordinance No. 1898-2001 -- Amending the Development Requirements
Table by Adding the Requirement that Front Yard Setbacks be Measured
from the Right-of-Way or Access Easement.
MOTION:
Councilman Bannock MOVED for adoption of Ordinance No. 1898-2001 and
Councilwoman Porter SECONDED the motion.
There were no public comments. Bannock noted the matter had been approved by the
Planning & Zoning Commission. Public Works Manager La Shot explained the
difference between the current and newly developed setback requirements, noting the
current front yard setback requirement is measured from the edge of the front yard
which can result in situations where a structure could be located in a right-of-way or
access easement. The amended front yard setback requirement would measure
setbacks from the right-of-way or access easement and would eliminate the problem of
structures being located in the right-of-way, etc. La Shot added, the amendment only
refers to access easements and not utility easements.
VOTE:
Bannock:
Bookey:
Porter:
Yes
Yes
Yes
Frazer:
Swarner:
Yes
Yes
Williams:
Moore:
Yes
Yes
MOTION PASSED UNANIMOUSLY.
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 6
Ordinance No. 1899-2001 -- Increasing Estimated Revenues and
Appropriations by $170,000 in the Airport Terminal Enterprise Fund for
Carpeting and Floor Covering Replacement and Seating.
MOTION:
Councilwoman Swarner MOVED for adoption of Ordinance No. 1899-2001 and
Councilman Frazer SECONDED the motion.
There were no public comments. Bannock stated he was pleased the amount
decreased from $190,000 to $170,000, however he would not support the ordinance.
He noted, there had been costs involved in remodeling and furnishing the airport
manager's office and there had been no improvements to the runways or lights.
Bannock added, he wanted to spend money on the airport, but not for this purpose.
Swarner stated she believed the new flooring would be an added benefit to the airport
terminal and that taxes received through the airport are also a benefit to the city.
Porter stated she supported the ordinance and noted the airport is the first place most
of the area visitors see when arriving in Kenai. She also stated the current seating in
the waiting areas of the terminal building were very difficult for people to get in and
out of, especially the elderly. Frazer agreed with Swarner and Porter and stated he
would support the ordinance. Wi!l/ams stated he believed the expenditure was an
ongoing effort of the city's support of the airport.
VOTE:
Bannock:
Bookey: Yes
Porter: Yes
No Frazer' Yes Williams- Yes
Swarner: Yes Moore: Yes
MOTION PASSED.
Resolution No. 2001-12 -- Supporting HB 93 Entitled "Kenai Dip Net
Fishery Permit Fee."
MOTION:
Councilman Bannock MOVED for approve of Resolution No. 2001-12 and
Councilman Bookey SECONDED the motion.
Robert Ruffner -- Stated, as an individual, he believed a $10.00 fee to take advantage
of the dip net fishery was reasonable.
Public Works Manager Kornelis confirmed the information council requested to have
sent to Representative Lancaster in regard to impacts of the fishery to the city would
KENAI CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 7
be sent with a copy of the resolution. He noted, as the bill was written, the $10.00 fee
would allow access to both the Kenai and Kasilof River for the dip net fishery. Komelis
also confirmed he would be sending additional descriptive information in regard to the
city's CIP Projects to the area legislators.
VOTE:
There were no objections. SO ORDERED.
C-7.
Resolution No. 2001-13 -- Transferring $23,900 from General Fund
Contingency for Purchase of a Police Patrol Car.
MOTION:
Councilwoman Porter MOVED for approval of Resolution No. 2001-13 and
Councilman Moore SECONDED the motion.
There were no public comments. Porter questioned whether only one bid was received
when the vehicles were bid. Ross explained, a patrol car was wrecked and an
opportunity was available to add one more to the original bid price offered for two
other patrol cars. He added, during the time of the bid, there was only one responsive
bid received. Ross noted, the original bid was for two vehicles and the resolution was
requesting authorization to add a third vehicle.
Frazer asked if there would be any insurance reimbursement for the wrecked vehicle
and Ross explained no as the officer was found at fault for the accident. Finance
Director Semmens explained physical damage coverage is purchased for equipment
with a value of more than $100,000.
VOTE:
There were no objections. SO ORDERED.
C-8o
Resolution No. 2001-14 -- Awarding the Bid to Kachemak Electric, Inc.
for Public Safety Building Fluorescent Light Replacement - 2001 for the
Total Amount of $41,232.
MOTION:
Councilman Moore MOVED for approval of Resolution No. 2001-14 and
Councilwoman Swamer SECONDED the motion.
There were no public comments. La Shot confirmed the quality of the lights bid were
as specified and the lights would be checked again before installation and it was not
KEN~ CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 8
known, at this time, where the lights would be manufactured.
administration to ensure the quality of the lights will be good.
Williams urged
VOTE:
There were no objections. SO ORDERED.
C-9.
Resolution No. 2001-15 -- Awarding the Bid to Arctic Office Products
for Kenai Airport Terminal Chairs and Furnishings - 2001 for the Total
Amount of $45,195.
MOTION:
Councilwoman Swarner MOVED for approval of Resolution No. 2001-15 and
Councilwoman Porter SECONDED the motion.
There were no public comments. Williams stated his concern that the quality of the
products be ensured. Swarner stated she didn't disagree with Wi!l/ams' concerns, but
noted the specifications were requesting very good quality.
VOTE:
Councilwoman Swarner requested UNANIMOUS CONSENT. Williams objected'.
VOTE:
.
Bannock:
Bookey'
Porter:
Yes
Yes
Yes
Frazer:
Swarner:
Yes
Yes
Williams:
Moore:
No
Yes
MOTION PASSED.
C-10.
Resolution No. 2001-16 -- Awarding the Bid to CYS Management
Services, Inc. for Kenai .Airport Terminal Floor Finishes - 2001 for the
Total Amount of $126,850.
MOTION:
Councilwoman Swamer MOVED for approval of Resolution No. 2001-16 and
Councilman Frazer SECONDED the motion.
There were no public comments. Porter questioned where CYS Management Services,
Inc. was located. La Shot explained they were located in Anchorage and had installed
the carpet in City Hall and the Library.
KENAI CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 9
Williams stated he received a telephone call from one of the bidders who had concerns
about the certified installer requirement. La Shot explained CYS had a certified
installer and the other bidders, if they didn't have a certified installer on their payroll,
would have had time to hire one or have one of their installers trained by the
manufacturer prior to installation of the flooring. He noted, the certified installer was
the manufacturer's requirement and without the certification, the city would not
receive the manufacturer's warranty on the flooring.
VOTE:
There were no objections. SO ORDERED.
C-11.
Resolution No. 2001-17-- Transferring $2,000 in the Water
Department for Engineering the Gill Street Crossing.
MOTION:
Councilman Bookey MOVED for approval of Resolution No. 2001-18 and Councilman
Bannock SECONDED the motion.
There were no public or council comments.' Kornelis explained, currently there was
only a single line to get water to the Redoubt Subdivision and to the Sewer Treatment
Plant. During last season's road construction project, this was a problem. He also
noted, the Wm. J. Nelson & Associates study done several years ago recommended a
crossing be placed and it was administration's recommendation the crossing be placed
before the State road project would tear up the pavement. Komelis added, he
understood the State's road project would increase the highway past Gill Street to four
lanes.
VOTE:
There were no objections. SO ORDERED.
BREAK TAKEN: 8:08 P.M.
BACK TO ORDER: 8:23 P.M.
ITEM D:
COMMISSION/COMMITTEE REPORTS
D-1. Council on Aging -- Porter reported the next meeting would be held on
March 12. The Senior Center would also hold a "murder mystery" dinner in the near
future and an-Employee Appreciation BreakfaSt on March 13.
D-2. Airport Commission -- Swarner reported the next meeting would be
held on March and Councilman Frazer would be attending for her.
~NAI CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 10
D-3. Harbor Commission -- Bookey reported the next meeting was scheduled
for March 12.
D-4. Library Commission -- Moore reported a meeting was held on March 6.
Library Director Jankowska reported the main topic of the meeting was the past
efforts in passing bond propositions in Kenai and the prospects of an expansion to the
library.
A discussion followed with council in which Williams stated he hoped the council
would consider as much as 3,000 to 4,000 square feet being added to the library
building to accommodate, new ADA restrooms, stacks and area for internet terminals,
etc. (a $1 million expansion). He added, discussions would have to take place in the
near future in regard to engineering, etc.
Ross stated that at some point council would have to make a decision as to whether or
not it wanted to go forward with an expansion and then it would be a matter of
meeting with the Library Commission and discuss the needs and wants for the
expansion. He also noted,, there were no plans on file for a $1 million expansion, only
for the more extensive expansion suggested several years ago.
Moore also reported the Writers' Group would meet on March 15 at the Visitors
Center.
D-5. Parks/h Recreation Commission-- Porter reported the following:
· She attended the meeting for Frazer.
· A lengthy discussion was held in regard to a skateboard park. She noted
it was suggested an area be placed on the highway side of the the Recreation Center's
parking area as it is not used as heavily as the other portions of the lot. Frates will
work with Quik Construction, the builder of the ramps and other equipment.
Advantages to placing the equipment at the Recreation Center were stated as close to
the snack bar, restrooms, and would have some supervision. Parents and users will
be encouraged to help the project to proceed with perhaps funding from the city to buy
the supplies for building the ramps.
A new .Parks & Recreation Department brochure was being developed
and would be put in the next city newsletter.
· In regard to the request for recommendation of whether certain lots in
Inlet Woods should be made available .for sale, the Commission recommended
retaining the back ten lots and selling the front two.
Frazer stated he had been at the Commission meeting When they first discussed the
Inlet Woods lots. At that time the Commission discussed retaining two to three lots
since they were the least desirable for building. Ross stated it was his understanding
one of the discussions was the need for drainage and the Commission didn't have a
clear idea of the number of lots that would be involved. He added, administration's
KENAI CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 11
recommendation to the Planning & Zoning Commission (who would also be
considering whether the lots were needed for public use) would be that Lots 21-25 (a
smaller recommendation that Parks & Recreation's) be not declared for public purpose
because the way the streets in that area drain.
D-6. Planning/k Zoning Commission -- Frazer stated he attended the
meeting (minutes were included in the packet) for Bannock and reported the following:
· Two applicatiOns for variances were approved.
· A determination was made to recommend Block 3, Five Irons Subdivision
be made available for sale and not needed for public use. He noted the matter would
be before council at their March 21 meeting.
D-7. Miscellaneous Commissions and Committees
D-7a. Beautification Committee -- Swarner stated she would not be able to
attend the March 13 meeting and requested another council member attend the
meeting. She also noted the new Boyd Shaffer book was out and available for sale.
D-'Fo. Kenai Convention/k Visitors Bureau Board -- Bookey reported the next
meetin§ would be held on March 27.
D-7c. Alaska Municipal League Report -- Williams noted the AML would be
holding a legislative conference on March 29-30 in Juneau and urged other council
members to attend.
ITEM E: MI~TES
E-1.
Regular Meeting of February 21, 2001.
Approved by consent agenda.
ITEM F:
,
CORRESPONDENCE-- None.
ITEM G: OLD BUSINESS
, ,
Discussion -- Multipurpose Facility Refrigeration and Library Expansion
Update.
Multipurpose Facility Refrigeration
Ross referred to the refrigeration project schedule added to the agenda at the
beginning of the meeting and reviewed it with council, noting if council passed the
appropriation ordinances, etc. as outlined in the schedule, a construction contract
could be awarded at the first meeting in July. He explained, the schedule would allow
engineering and design work (professional services that do not require a request for
proposals) to be done outside of the budget and during the budget work sessions
KENAI CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 12
council would be able to see the impact the project would have to the General Fund. If
council decides to proceed with the project, the construction award could be made by
the first meeting in July.
Discussion followed as to how the project could be moved ahead, either outside of the
budget or within the budget. Ross noted, the development of the bid documents might
take less time or the city could order supplies and equipment, however he advised
against that as there could be warranty issues. He added, he believed the best area
where time could be saved would be using the same architect who designed the
multipurpose facility. It was also noted it would take 16 weeks from date of order of
equipment to receipt and six months for the total construction period and with
completion of the project by December.
MOTION:
Councilman Moore MOVED to proceed as indicated in the project schedule and
Counci!~an Frazer SECONDED the motion.
Ross also reported, with council's instructions at this meeting, document preparation
of a professional services contract will begin and what will be designed and will be
brought forward for councirs approval at the March 21 meeting. The introduction of
the ordinance for professional services will also be at that meeting. What the
professional services contract will request is the design of an industrial grade, indirect
system, in concrete, with the lines in concrete, with boards, as well as additive
suggested alternates for paving, storage area, restrooms, etc. There .will be ample time
for council to review the design documents and decide what they will want as additive
alternates for the project.
VOTE:
There were no objections. SO ORDERED.
Remove of LLC from Multipurpose Facility
Rick Baldwin -- Member of Phase I LLC explained it had been a substantial drain over
the last two years to manage the rink and have a business, etc. and he would not look
forward to continuing in the managerial role. The members of the LLC got involved
because they felt the city needed a skating facility. His preference would be to remove
the LLC, but he will continue as long as necessary.
A lengthy discussion followed and comments included:
· If refrigeration is added, the job of managing the facility for the LLC
would become more involved. However, if the project is put off to next December, it
would make the prospects of the LLC making the note payment very difficult.
Asked whether a poll was taken of their members to determine whether
they would want refrigerated ice as soon as possible or wait until Spring, 2002.
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 13
Baldwin answered, he felt refrigerated ice as soon as possible would make the best
'sense.
· If it were December and there was refrigerated ice, re§ardless of the
weather, would it allow the LLC to sell ice time and make it profitable. Baldwin
answered yes, at least they could do better than break even, but it wouldn't carry their
existing debt.
· Bookey stated he would like to take the LLC out the project as soon as
possible, even with refrigerated ice because it is difficult for them to amortize their
note. He added, he believed, if the city was taking on the project, it needed to be a city
project for the community's benefit and an LLC was not necessary.
· Baldwin was asked, if the LLC were removed, how much support could
the city expect from the hockey group toward the overall continued use, promotion,
scheduling, bookings, etc. He answered it would be continued growth. If refrigerated,
a low range weekly use of purchased ice would be 37 hours. A large amount of
community support and volunteer help would be available as well.
· If the priority to get refrigerated ice would mean for the LLC to continue
for one or two more years, would that be possible. Baldwin answered, he personally
would do what would be necessary to insure the project proceed.
· The cheapest time to remove the LLC from the project would be as soon
as possible.
Bookey, Porter and Williams stated their support of removing the LLC because it is a
city project. Bannock stated, though he was grateful for the involvement of the LLC,
he was not in favor of removing them at this time and including the LLC in the
refrigeration plans. He added, he believed a refrigeration program would work with
the LLC involved. Bannock asked why the city "had" to buy the LLC out and Williams
explained, there was not enough money to cover the LLC costs and the debt service on
their loan, although there was a chance some profit could be made from the sale of
ice. Bookey noted that once the ice goes down, the operating costs for running
refrigeration and ice will be significant and those costs would be borne by the city with
no offsetting revenues. Also, Williams explained, every time the LLC revenues do not
meet their obligations in operating costs and note payments, the excess of cost to
them automatically will become the responsibility of the city.
Williams noted, the discussion was to see if council supported adding to
administration's tasks to include removing the LLC during budget discussions and
how it will impact the budget.
MOTION:
Councilman Bookey MOVED for administration to included the costs associated with
removing the LLC in the overall budget and the effects of it would do to the budget and
bring the information to council. Councilwoman Porter SECONDED the motion.
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 14
VOTE:
Bannock:
Bookey:
Porter:
No Frazer:
Yes Swarner:
Yes
Yes Williams: Yes
Yes Moore: Yes
MOTION PASSED.
Proposed Library Expansion
Williams asked if council wanted to have administration advise them as to costs of
preparation of an engineering schedule toward spending up to $1 million for a library
expansion during budget discussions. Swamer requested information be brought to
council, and especially with regard to handicap-accessible restrooms and needs of the
library.
Williams asked if there was in-house capability of preparing a rough floor plan for a
~minor expansion and include ADA compliant restroom facilities, changes in overall
front:desk, rearrangement of computer terminal areas and stack areas, etc. Ross
stated, investigation of the internal floor plan and rearranging it, in conjunction with
library staff, could be done but would take more than several weeks. If council also
wanted footage added to the library as well, he believed they were beyond this budget
cycle. Williams stated he thought there could be support for a $1 million addition, but
not more.
Ross stated he believed that would require some professional services to have meet
with Library Commission and Library staff to see what their wants and needs are,
including ADA requirements. Bookey stated he didn't want to go to a lot of time and
effort if that size of an expansion would not be enough to accommodate the needs or
desires. Moore stated he was involved in the meetings where the Library Commission
developed their needs several years ago. It was noted work areas for the employees
should be considered.
Williams stated that unless something is done now, the library would stay the same
for another ten years. He added, he thought something could be done to enhance the
overall library for $1 million. Williams suggested the matter be returned to the Library
Commission and ask them if the library could be made more adequate with $1 million.
Ross stated, if the Library Commission returned saying they were interested in
pursuing an expansion and council said to proceed, administration would find
professional services to work with them, define it, etc. Council had no objections.
ITEM H: NEW BUSINESS
H-X.
Bills to be Paid, Bills to be Ratified
MOTION:
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 15
Councilwoman Swarner MOVED to pay the bills and requested UNANIMOUS
CONSENT. There were no objections. SO ORDERED.
Purchase Orders Exceeding $2,500
MOTION'
Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500
and Councilman Moore SECONDED the motion. There were no objections. SO
ORDERED.
H-3o
Ordinance No. 1900-2001 -- Finding that Certain City-Owned land
Described as Block 3, Five Irons Heights Subdivision, Consisting of 4.391
Acres, as Shown on the Attached Exhibit A, Is Not Required for Public
Purpose.
Introduced by consent agenda.
H-4o
Ordinance No. 1901-2001 -- Increasing Estimated Revenues and
Appropriations by $4,607,137 in the ARFF/SRE Capital Project Fund.
Introduced by consent agenda.
Approval-- Consent to Assignment of Lease/Consent to Assignment of
Lease for Security Purposes/Amendment to Lease -- Lot 4, Block 2, Cook
Inlet Industrial Air Park/Stephen Karakash to Julie Latta.
Ross referred to the information included in the packet and explained the assignment
had been reviewed by Attorney Graves and he had no objections. Ross noted, a
change to the lease specifies the uses permitted by the Kenai Zoning Code in the
General Commercial Zone instead of being use specific. He added, this change was
being made to all leases so the a specific use doesn't need to be made each time the
lease is assigned.
MOTION:
Councilwoman Swarner MOVED to approve the change of lease on Lot 4, Block 2,
Cook Inlet Industrial Air Park as outlined in the memorandum and Councilman
Bannock SECONDED the motion. There were no objections. SO ORDERED.
I'I-6 ·
Discussion -- Inlet Woods/Proposed Combining of Lots
Ross explained Councilman Moore suggested some of the city lots for sale in Inlet
Woods be combined to both enlarge the lots and to eliminate significant setback
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 16
problems someone would encounter when developing on the lots (mostly corner lots).
Council reviewed the information included in the packet. Moore explained many
comments received about Inlet Woods lots have been that the lots are too small for
development (¼ acres). He suggested doubling the size of some of the lots and
doubling the price for those combined lots, based on the appraised value of the lots.
Moore added, he believed combining the lots would make them more attractive and set
the tone for future development in the subdivision.
A lengthy discussion followed and included the comments:
· Concern that doubling the size of the lots would be good, but not
doubling the price (larger lots are usually a lesser price than smaller lots).
· That other property owners could purchase an adjoining lot and have the
same opportunity to have the lot line vacated, etc. (but at their own cost).
· City will pay for the re-platting costs.
· A local realtor's first thought about the lots in Inlet Woods was the lots
should be larger.
· Comments at the recent economic forum were the lots were too small.
· The matter didn't need to go to the Planning & Zoning Commission for a
decision to combine the lots as that is council°s role, however the matter would go to
the Commission when vacating the lOts lines and re-platting.
· Administration recommended combining the lots and sell them as two
lots combined.
MOTION:
Councilman Moore MOVED for administration to proceed as presented, erasing lot
lines and paying the fees. Councilwoman Porter SECONDED the motion. There were
no objections. $O ORDERED.
ITEM I:
ADMINISTRATION REPORTS
I-1. Mayor-- Williams discussed the following:
· The Borough Assembly would be bringing forward a resolution in regard
to building a privately-run prison at Wildwood and would have several public hearings
on the matter. He noted, council would need to decide whether it wanted to support
the effort, but he felt they needed to wait and hear more detail of what is planned
before making a judgment. Bookey agreed there were still questions to be answered,
i.e. what will the Legislature do, will it include half-way houses, etc., and he didn't
think it was time to debate the matter until more information is received. Williams
added, Assemblyman Navarre would be at the next council meeting to discuss the
matter further.
· Noted the Youth Court request for donation which council approved.
· Noted the Kenai River Festival request for donation which council
approved.
KENAI CITY COUNCIL MEETING
MARCH 7,2001
PAGE 17
· Noted the request for KCHS After-Graduation Committee request for
donation which council approved.
· Noted the KCHS After-Graduation Committee request for use of the
Recreation Center at no cost and council approved.
1-2. City Manager-- Ross reported Senior Center Director Kelso had
tendered her resignation and the position would be advertised. He noted Kelso would
be working through the budget season and with her replacement.
I-3o
Attorney-- No report.
I-4o
City Clerk-- No report.
I-5. Finance Director-- Finance Director Semmens reported he would be
advertising a Request for Proposals for broker services for property and liability
insurance and that the RFP would be similar to the last from several years ago.
Because of his background in insurance, it was suggested Councilman Frazer be
included on an administrative committee to review the proposals. However, after
discussion, it was decided it would be better for him not to be involved as the other
carriers could question the fairness of the process, etc. Attorney Graves stated he
would prefer Frazer not be involved, even if his company would not be responding to
the request, until administration brings a recommendation back to council for a vote.
A comment was made in regard to insurance companies lobbying administration
during the review period and Frazer reported the Borough does not allow any
communication alter submittal of proposals or the proposal is automatically
disqualified from the process. Graves stated he would investigate the idea.
I--6o
Public Works Managers -- No reports.
I-7. Airport Manager-- No report.
ITEM J' DISCUSSION
, ,
J-1. Citizens
Janice Rodes -- Birch Street, Kenai. Stated she enjoyed watching the council in
action and noted she is a member of he Library Commission and was on the
committee through the last two attempts for funding to expand the library. She
added, she had a better feeling for the process this time and looked forward to
reviewing information from administration and library staff in regard to costs, needs,
etc.
J-2. Council --
Bookey-- No comments.
KENAI CITY COUNCIL MEETING
MARCH 7, 2001
PAGE 18
Swarner -- Asked if the code allows for employees to work four ten-hour shifts
and Ross noted the code allows only five eight-hour shifis except for police and fire. It
was also noted that it would be a benefit for the employees, but because of coverage
problems, is not efficient except in shift work.
Moore -- Asked if the city could put a grader on North Forest Drive because it
was in very poor shape and the state had not been tending to the break-up conditions
of the road. Kornelis stated he had been contacting the state and would continue.
Ross noted, because it is a state construction project, he wouldn't want them to blame
the city for any damage to the roadbed, etc. Moore added, the condition of the road
was unacceptable and required everyday attention.
Porter-- She read an article where a town was able to do "paperless" council
packets and requested the Clerk to acquire additional information.
· Asked when council would do their follow-up from the forum, listing their
five projects, etc.
· Wished Swarner and Williams good luck in Washington.
Stated she thought Senior Director Kelso did an excellent job for the city
and wished her well.
· Reported she, Councilman Bannock and the Clerk met to discuss plans
for the volunteer reception and noted it would be held at the Kenai Senior Center on
Friday, April 27, and she and Bannock would have a list of jobs from which council
could choose to do.
Bannock-- Refemng to the Board of Adjustment hearing held on March 6,
Bannock requested administration to begin formulating a new definition for a "lodge"
that would be greater than a bed and breakfast and less than a hotel to be included in
the Zoning Code.
Frazer-- No comments.
EXECUTIVE SESSION- None Scheduled
ITEM K:
ADJOURNMENT
The meeting adjourned at approximately 10:28 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
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Suggested by: Administral
City of Kenai
ORDINANCE NO. 1902-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $100,000 IN THE GENERAL FUND
AND MULTIPURPOSE FACILITY CAPITAL PROJECT FUND FOR ENGINEERING
DESIGN OF UPGRADING THE FACILITY FOR REFRIGERATED ICE AND
MISCELLANEOUS IMPROVEMENTS.
WHEREAS, it is in the best interest of the City of Kenai to upgrade the Multipurpose
Facility to have refrigerated ice; and
WHEREAS, cost for engineering design of this project is estimated to not exceed
$100,000; and
WHEREAS, funds are available in the General Fund fund balance for transfer to the
Multipurpose Facility Capital Project Fund.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
Appropriation of Fund Balance
$100,000
Increase Appropriations:
Non-Departmental- Transfers
$100.000
Multipurpose Facility_ Capital Proiect Fund
Increase Estimated Revenues:
Transfer from General Fund
$100,000
Increase Appropriations:
Engineering
$100,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April,
2001.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
{03/16/2001) jl
Introduced:
Adopted:
Effective'
March 21,2001
April 4, 2001
April 4, 2001
Suggested by: Administratio,,
City of Kenai
ORDINANCE NO. 1903-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING
$25,000 IN THE AIRPORT LAND SYSTEM SPECIAL REVENUE FUND AND INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $25,000 IN THE
COMPREHENSIVE PLAN FUND.
WHEREAS, the Professional Services budget for the Airport Land System Special
Revenue Fund Land Department included $20,000 for integration of the airport master
plan and $5,000 for a noise area review; and
WHEREAS, these amounts need to be transferred to the Comprehensive Plan Fund to
facilitate accounting for the project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the following transfer be made, and estimated revenues and
appropriations be increased as follows:
Section 1'
Airport Land System Special Revenue Fund
From: Land- Professional Services
To: Land - Transfers Out
Section 2:
$25.000
$25:000
Comprehensive Plan Fund
Increase Estimated Revenues:
Transfer from Airport Land System Special'Revenue Fund
Increase Appropriations:
Professional Services
$25,000
$25,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of April,
2001.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance:
(03/14/2001) jl
Introduced:
Adopted:
Effective:
March 21,2001
April 4, 2001
April 4, 2001
Suggested by: Admin~
CITY OF KENAI
ORDINANCE NO. 1904-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT
CERTAIN CITY-OWNED LANDS LOCATED IN INLET WOODS SUBDIVISION, AS SHOWN
ON THE ATTACHED EXHIBIT A MAP, ARE NOT REQUIRED FOR A PUBLIC PURPOSE.
WHEREAS, the City of Kenai has title to the properties listed below and shown on the
attached Exhibit A map; and
o
Lot Eight (8), Block Eleven (11), according to the Plat of INLET WOODS
SUBDIVISION, PART ONE, filed under Plat No. 84-279, in the Kenai Recording
District, Third Judicial District, State of Alaska.
,
Lot Twelve (12), Block Thirteen (13)according to the Plat of INLET WOODS
SUBDIVISION, PART ONE, fled under Plat No. 84-279, in the Kenai
Recording District, Third Judicial District, State of Alaska.
WHEREAS, KMC 22.05.010 requires that the Council determine whether certain City-
owned properties are needed for a public purpose, stating, "Disposal or sale of lands shall
be made only when, in the judgment of the City Council, such lands are not required for a
public purpose."; and
WHEREAS, the Parks and Recreation Commission, the Planning and Zoning Commission
and the City Administration recommend that Lot 8, Block 11 and Lot 12, Block 13 be
made available for sale; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Lot 8, Block 11 and Lot 12, Block 13 located in Inlet Woods Subdivision, as
shown on the attached Exhibit A, are not required for a public purpose.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of April 2001.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
March 21,2001
April 4, 2001
May 4, 2001
(3/5/2001)kh
Exhibit A
B11, L8 & B13,
FUTURE PHASE
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VE.
C'IAID'IAI 1l 2J3~
PARSON,S HMSTD.
NO. 2
TR. 2
TWIt.
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13 2
12 3 -
11 (10) 4
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DR.
WOODSlDE AVE.
Redoubt Avenue
TR. 16A I
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Subject Lots
Surrounding Properties
Wetlands
Suggested by: Admim~u ~tm,.,
CITY OF KENAI
ORDINANCE NO. 1905-2001
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASICa,, FINDING THAT
CERTAIN CITY-OWNED LANDS LOCATED IN INLET WOODS SUBDIVISION, AS SHOWN
ON THE ATTACHED EXHIBIT A, ARE NOT REQUIRED FOR A PUBLIC PURPOSE.
WHEREAS, the City of Kenai has title to the properties described as Lots Eighteen (18)
through Twenty-seven (27) inclusive, Block Twelve (12) according to the Plat of INLET
WOODS SUBDIVISION, PART ONE, filed under Plat No. 84-279, in the Kenai Recording
District, Third Judicial District, State of Alaska; and
WHEREAS, the City has received a request by an applicant asking that the referenced
properties be made available for sale; and
· WHEREAS, KMC 22.05.010 requires that the Council determine whether certain City-
owned properties are needed for a public purpose, stating, "Disposal or sale of lands shall
be made only when, in the judgment of the City Council, such lands are not required for a
public purpose."; and
WHEREAS, the Parks and Recreation Commission and the Planning and Zoning
Commission recommended that Lots Eighteen (18) through Twenty-seven (27) inclusive,
Block Twelve (12) be retained for public use; and
WHEREAS, the City Administration recommends that Lots 'Twenty-one (21) through
Twenty-five (25) inclusive, Block Twelve (12) be reserved for street drainage retention; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that Lots Eighteen (18), Nineteen (19), Twenty (20), Twenty-six (26), and Twenty-
seven (27), Block Twelve (12) located in Inlet Woods Subdivision, as shown on the
attached Exhibit A, are not required for a public purpose.
PASSED BY THE COUNCIL OF THE CITY OF KENAI', ALASKA this 4th day of April 2001.
ATrEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Introduced'
Adopted:
Effective:
March 21,2001
April 4, 2001
May 4, 2001
(3/6/2001)kh
Exhibit A
B12, L18 -20 & 26 - 27
r'URE PHASE
TWi L
BACKWOOD AVE.
13 2
12 3
111, I ~) 4
10 5
1 2 3 4 5
, 11)
11 '8 7 6
D
DR.
LU
Z
HMSTD.
2
LU
WOODSIDE AVE.
2 Z
SUBD. ~
TR. 16A
Redoubt Avenue
TR. 31
Lots for Sale
I '1 Surrounding Properties
Wetlands
KENAI MUNICIPAL AIRPO
305 N. VVILLOVV ST. SUITE 3Z) KENAI, ALASKA ~ 1
TELEPHONE g37-383-TcJ51
FAX g37-~
Memo
To:
From:
Date:
Re:
Rick Ross- City Manager
Rebecca Cronkhite- Airport Manage~',~
March 14, 2001
Special Use Permits for the DNR/Division of Forestry
Attached are two proposed Special Use Permits for DNR/Division of Forestry. Both
permits were reviewed and discussed at the March 8, 2001 meeting of the Airport
Commission. It was the Airport Commission's recommendation that Council approve
these permits.
A summary of the Airport Commission discussion is included in the attached
unapproved minutes of the March 8 Airport Commission Meeting.
Attachments
KENAI MUNICIPAL AIRPORT
SPECIAL USE PERMIT
DATE: February 16, 2001
The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set
forth below hereby grants to: .
Company Name:
Authori~d Represenlative:
Billing Address:
Slate of Alaska
DNg/Dtvision of Forest~
Bill Beebe - Regional Fire Management Officer
101 Airport Road
.Palmer, Alaska 99645
hereinafter sometimes referred to as the PERMITTEE the right to that area as designated by the
Airport Manager on the attached diagram~ for the purpose of a staging site.
1. Term: This special use pemu't shall commence on the 1st day of March, 2001, and shall
extend to and through the gist day of August 31, 2001. The permit period may be extended by
mutual consent of both parties.
2. Permit Fees:_ The Permittee, prior to the exercise of any privilege granted pursuant to
this permit, shall pay a padcing fee of $100.00 a month, plus applicable sales tax in full payment
for the use or privilege specified herein, payable in advance.
3. Right of Entr~:. Entry and occupancy is authorized as of the 1st day of March 2001.
4. P!ace and Time of Payments: Ail payments shall be made on or before the 15t~ day of
the following month to the City Administration Building, Kenai, Alaska, or by marling to the
following address: City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611.
5. Use: The use by the Permittee 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.
6' Insurance: Permittee 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 Permittee,
his agents, employees, customers, 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 therewitl~ In
this connection, the Permittee agrees to azrange and pay for all the following:
(a) Comprehensive general liability insurance protecting the City and/or its agents and
the Permittee, such insurance to be evidenced by a certificate of insumx~e showing
the insurance in force. Said comprehensive general .liability insurance shall be in
the form of policy commonly known as a level limit policy combining bodily injury
and property and in an amount not less than $500,000.
(b) Aidine/aixtmfl/passenger insuzance in compliance with the limits set forth by 14
CFR 2O5.
DNR Special Use Permit February 16, 2001
Pagel of 3
(c) Insurance contracts providing liability insurance shall provide for not less than
twenty-(20) days written notice to the City of cancellation or expiration or
substantial change in policy conditions and coverage.
(d) Permittee agrees that waiver of subrogation against the City shall be requested by
Permittee's insurer, and shall be provided at no cost to the City.
(e) Lessee agrees that every insurance policy required will include an endorsement
naming the City as an additional insured to the extent of City's indemnified
interest.
7. 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.
8. ReRulations: The exercise of the use granted herein is at all times to be subject to the
regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations",
issued in 1999 or any amendments thereto. By signing this permit, the Permittee acknowledges
that he has received a copy of said regulations and has familiarized himself therewith and will
comply with the requirements of said regulations.
9. 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.
10. 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, such
property may be redeemed by the owner thereof only upon payment to the City of the costs of
removal plus storage charges of $25.00 per day.
11. Cancellation: City reserves the right to cancel this permit or to reassign Permittee to a
different location on 14 days written notice, either delivered in person to the authorized
representative named herein or his replacement or by mail to the address set out above. Any or
all personal or real property shall be removed at users expense upon cancellation or termination
of this agreement.
DRAFT
DNR Special Use Permit
Page 2 of 3
February 16, 2001
CITY O F KENA1
By:
Richard A. Ross, City Manager
State of Alaska
DNR/Division of Forestry
Bill Beebe - Regional Fire Management Officer
(If Permittee is a Corporation)
ATTEST:
Name and Title
DRAFT
STATE OF ALASKA
TttlRD JUDICIAL DISTRICT
)
)ss
)
TItIS IS TO CERTIFY that on this day of ,2001, Bill Beeb~,
Regional Fire Man.~?ment Officer, DNg/Division of'Forestry, being personally known to me,
having produced satisfactory evidence of identification, appeared before me and acknowledged
the voluntary and authorized execution of the foregoing instntment on behalf of said business.
, ,
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
Ttt/RD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of ,2001, 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.
DNR Special Use Permit
Page 3 of 3
Notary Public for Alaska
My Commission Expires:
February 16, 2001
(3am.gs..)
KENAI MUNICIPAL AIRPORT
SPECIAL USE PERMIT
DRAFT
DATE: February 16, 2001
The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set
forth below hereby grants to:
Company Name:
Authorized Representative:
Baling Address:
Sta~e of Alaska
DNR/Division of Forestry
Bill Beebe - Regional Fire Management Officer
101 Airport Road
Palmer, Alaska 99645
hereinafter sometimes referred to as the PERMITTEE the right to that area as designated by the
Airport Manager on the attached diagra_ m, for the purpose of ~ loading and parking.
1. Term: This special use permit shall commence on the 1st day of May, 2001, and shall
extend to and through the 31st day of August 31, 2001. The permit period may be extended by
mutual consent of both parties on a month to month basis.
2. Permit Fees: The Permittee, prior to the exercise of any privilege granted pursuant to
this permit, shall pay a pazking fee of $600.00 a month, plus applicable saleS tax in full payment
for the use or privilege specified herein, payable in advance.
3. Right of Entry: Entry and occupancy is authorized as of the 1st day of May 2001.
4. P!~ce _and Time of Payments: All payments shall be made on or before the 159 day of
the following month to the City Administration Building, Kenai, Alaska, or by mailing to the
following address: City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska 99611.
5. Use: The use by the Permittee of the premises described above is limited to the
pm'poses 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 prem!~es
and of adjacent and contignous lands or facilities.
6. Insurance: Permittee 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 Permittee,
his agents, employees, customers, 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. In
this connection, the Permittee agrees to an'ange and pay for all the following:
(a) Comprehensive general liability insurance protecting the City and/or its agents and
the Permittee, such insurance to be evidenced by a certificate of insurance showing
the insurance in force. Said comprehensive general liability insurance shall be in
the form of policy commonly known as a level limit policy combining bodily injury
and property and in an amount not less than $500,000.
(b) Airline/aircraft/passenger insurance in compliance with the limits set forth by 14
CFR 2O5.
DNR Special Use Permit February 16, 2001
Page 1 of 3
__
(c) Insurance contracts providing liability insurance shall provide for not less than
t e.t - 20 w iU, oti , to the City of a ,ll tio .e., ifation..-.or
~ ~..'
substantial change in policy conditions and coverage. ""~ ~, ..... ~" ~' ....
(d) Permittee agrees that waiver of subrogation against the City shall be requested by
Permittee's insurer, and shall be provided at no cost to the City.
(e) Lessee agrees that every insurance policy required will include an endorsement
naming the City as an additional insured to the extent of Cit3/s indemnified
interest.
7. F_grbearance~--: 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.
8. Re~ulations__: The exercise of the use granted herein is at all times to be subject to the
regulation~g0verning the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations",
issued in 1999 or any amendments thereto. By signing this permit, the Permittee acknowledges
that he haSreceived a copy of said regulations and has familiarized himself therewith and will
comply with the requirements of said regulations.
9. S~olicitation__: 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.
10. Removal of Property_ · Any or all personal or real property placed or used upon lands or
in facilities i-~n violation of the preceding pr°hibitions may be removed and/or impounded, such
property may be redeemed by the owner thereof only upon payment to the City of the costs of
removal plus storage charges of $25.00 per day.
11. C_ancellation~: City reserves the right to cancel this permit or to reassign Permittee to a
different location on 14 days written notice, either delivered in person to the authorized
representative named herein or his replacement or by mail to the address set out above. Any or
all personal or real property shall be removed at users expense upon cancellation or termination
of this agreement.
DNR Special Use Permit
Page 2 of 3
February 16, 2001
CITY OF KENAI
By:
Richard A. Ross, City Manager
State of Alaska
DNR/Division of Forestry
By:
Bill Beebe, Regional Fire Management Officer
(If Permittee is a Corporation)
ATTEST:
Name and Title
DRAFT
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
TtilS IS TO CERTIFY that on this day of ,2001, Bill Beebe,
Regional Fire Management Officer, DNR~ivision of Forestry, being personally known to me,
having produced satisfactory evidence of identification, appeared before me and acknowledged
the voluntary and authorized execution of the foregoing instrument on behalf of said business.
Notary Public for Alaska
My Commission Expires:
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)ss
)
THIS IS TO CERTIFY that on this day of ,2001, 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.
DNR Special Use Permit
Page 3 of 3
Notary Public for Alaska
My Commission Expires: ..
February 16, 2001
I
I
I
!
I
I
~;,
;o.
CITY OF KENAi
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
'M emO ranClum
Date:
To:
For:
From;
March 14,2001
Richard A. Ross, City Manager~t''-'
February 28, 2001 Meeting
Kim Howard, Assistant to City Manager
Lease Application- State of Alaska, Division of Forestry
Attached is a lease application for a 392' x 400'piece of property adjacent to the future
Crash/Fire/Rescue facility at the Airport. The Division of Forestry is asking for a one-year term
with an option for a one-year renewal. The purpose of the lease is to provide an air tanker re-
load base to be used in the suppression of wildland fires on the Kenai Peninsula.
A purchase for surveying the CrashWire/Rescue facility site and the F.A.A. Tower properties is
in the packet. The surveyor was asked to include the price for another lot that could be used by
the Division of Forestry. In preparing his proposal, the surveyor noted that because the
Cras~Fire/Rescue facility will need an additional 100', the proposed Forestry site will need to
move north 100'.' This will go beyond the 8' storm drain channel that is shown on the drawing
that is included in the lease application. Forestry has stated this should not impact their future
plans.
Prior to leasing the site an appraisal must be reviewed and approved by the Federal Aviation
Administration (FAA). The FAA allows the property to be leased for aviation use. The AirPort
Commission reviewed this application and determined the intended use complied with the
Airport Masterplan. The Planning and Zoning Commission determined the intended use
complied with the zoning ordinance and comprehensive plan of the City.
If the Council approves the lease application and the purchase order to the surveyor, the
survey and appraisal will be ordered. If the FAA approves the appraisal, a lease will be
prepared based on a final plat.
Cc'
/kh
State Division of Forestry
Attachment
CITY OF KENAI
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
(907) 283-7530
LEASE APPLICATION
Nam¢ of Applicant State of Alaska.
Address 101 Airport Road Palmer,
Business Name and Address
Same
DNR Division of Forestry
Alaska 99645
Telephone 907-76!-6238 B~_!! ~eebe P~U~ on~ ] wi r'o Management _Officer
_.
Kenai Peninsula Borough Sales Tax No. (if applicable)
State of Alaska Business License No. (if applicable)
N/A
LcgalDeschption Unsurveyed lot approx. 400 'x400' adjacent to Crash/Fire/
Rescue lot at the Kenai Municipal Airport.
Purp0s¢ofPropo$¢dLe~¢To provide_ an air~_anker to-load base for Fire Reepor
Tenn ofProposedLe~e 1-year. firm term with option for 1-year renewal.
Description of Proposed Development (type, construction materials, size, etc.)
See proposed development plan. Electricity, water,
support 3 each 10,000 gallon retardant/water tanks.
gravel pad to
Site improvements
Time Schedule for Proposed Development · Beginning Date Contingent on fu. nding
· Completion Date(maximumoftwoyears) Phase I within 2-years
Estimated Value of Improvements $ See phase development & estimated costs
APPLICANT'S SIONA Date: 'LiJ~ 01
_
APPLICANT'S SIGNATURE:
Date:
FEB-lB-01 FRI 09:18 Ali
FEB. 15. ~001 1 ~: 3~PM
CITY OF KENAI
FAX NO. 9077616227
P!
NO. 55~ M. H/~
CITY OF K~N~
LEASB APPLICATION CI-IECKLIST
(All iumls must be completed before application can be accepted.)
Attach a development plan drawn to scalo. Drawings do no~ n¢ocI to be pr~par~cl by an architect or
m~neer. Show thc layom of thc lot and the location of all proposed improve~nmts. The drawings
also need to show the following.
1. E~s~ buildings
2, Proposed buildings
Phase H-temporary strucmm.~
may require a building permi .W
Plans for a bulldog will be
submitted when funded.
3. Parking facilities (how many spa~¢s and location)
See attached.~
4. Site improvements
Atea~to be cleared and method of disposal
Proposed gravd or paved areas
Landscaping plan
(r~t~ntion o£narur~ vegetat/on and/or
proposed planU.ng areas)
5. Building set bazks
6, Drainage plan and method of snow removal
See attached~
See attached~
Phase HI- rrmy require site plan~
approval
As required by
See attached. Primely summc~
operation.
7. Circui~ion plan (all entrances, exits and on-site access)
8, Location of sign(s) - sign permit required
9. F~ncing- permit required ifheisht is over 6'
10.Curb cuts (where applicable)
11, Building height
12. I~A.A Form 7~60-1 submitted to };AA
(City provides to applicant- for buildings on airport land.)
Acccs~ off of apron in ~
coordination with Airpo
Manager.
NIA ~t this time.~
N/A ~
N/A at this time~~
N/A at this time.~
FEB-I~-O1 FRI 0~:18
FSB. 15. E001
CITY OF KEMRI
FAX NO, 9077818227
P!
P. 3/3
CITY OF KENAI
LEASE APPLICATION- CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Kenai Peninsula Borough parcel No. ~sn't been
Zoning Light !na~_,stri..al _~_. _. . ....
Permits Required:
· Coacl/tional Use Permit
· Landscape Review
· Builflh~g Permit
· Si~n Permit
Assessments None'~5 ..____ __
Insurance Lirrfits Requ~ed _ Se!f-insure~.~
Constraction must begin 1=7 _Contingent on fi~~~.
Completion date for major constraction Pha_qe I! with/n 2 gea~ '
As required by Co~
A~ roq~ by Cod¢~
As requked by Code
.
MEMORANDUM
DNR/Division of Forestry
State of Alaska
FROM:
Coastal Region Aviation
TO: Rick Ross D^m
City of Kenai
Bill Beeb~
Coastal Region FMO
FILE NO:
TELEPHONE NO.:
RECEIVED '
Feb 12, 200 - '
9-2170 FEB I '; uul
761-621 '.9 ....i;~TY OF KENAI
ADMINISTRATION
Dennis,Ricker(~dnr.state.a~.us
SUBJECT: Kenai Retardant Site Lease
The Division of Forestry is interested in leasing a lot approximately 400' x 400' adjacent to the
Crash/Fire/Rescue facility at the Kenai Municipal Airport for the purpose of providing an airtanker
re-load base to be used in the suppression of Wildland Fires on the Kenai Peninsula.
We have attached a lease application that proposes a 1-year lease with a 1-year extension. Funds for
site development have been requested under the Kenai Peninsula Borough Spruce Beetle Task Force.
Development of the site and construction of improvements will begin when these funds have been
approved and received. Site development would occur in Three Phases (See Proposed Lease Site
Map & SPreadsheet for estimated costs):
Phase I development (minimal operational capability) would include:
-clearing overburden and hauling gravel to the "gravel pad", an area adjacent to the existing
ramp (100'x 400', approximately 1 acre)
-Installing a telephone line (1 or 2 lines, plus fax)
-Providing a minimal electrical drop (200 amp service)
-the use of existing Forestry retardant tanks, pumps, and mixing equipment.
-the use of the existing water hydrant on road and utilize an above ground 3" hose to refill tank
-Phase ! cost estimate-S91,000.
Phase II development (intermediate capability) would include' -all the improvements of Phase I
-Paving the "gravel" pad. (approximately 1 acre)
-install a water line to the trailer and retardant tank
-install a sewer line to the trailer
-develop access to the lot, that is separate from the Crash/Fire/Rescue Facility
-provide security fencing to the facility.
-provide 3 ea (new), 10,000 gallon tanks for water/retardant
-new trailer or temporary/seasonal office space
-Phase II cost estimate-$ 79, 000 plus $91,000 (Phase I) = $173, 000
2001 Kenai Retardant Lease Cover Letter
Phase III development (full development) would include: -all of the improvements of Phase I and II
-Paving approximately 2 1/2 to 3 acres of the lot to provide for additional ramp space for
vehicle parking, helicopter management, and a staging area for supplies.
-Provide 3-phase power to the site for electric mixing and loading pumps.
-install 2ea 20HP motors and pumps
-install a retardant metering device
-provide for treatment of retardant wash-down from aircraft.
-Phase III cost estimate-S356, 000 plus $173,000 (Phase I plus Phase II) = $529,500.
The Division of Forestry is also requesting a special use permit with the approval of the airport
manager, to temporarily move retardant storage tanks and mixing equipment to a ramp site to
facilitate operations during the 2001 fire season.
;mated Cost for Kenai Airtanker Re-load Base
..ce~:~er '6.';,20:00!i!i:~i ~' ~' ~:'~~ "~'""'~ !i??ili!i
~e Development
~ravei Building Pad
~aving
eiephones
,ower
Single Phase (200 amp)
3-Phase
Phase I
(minimal
operational
ca___pability)
,
Phase II
(intermediate Phase III (Full
capability) Development)
,
80.0~
30.0~
2.0'
Comments
150.0 Clearing, grubbing, excavation, & sand/gravel fill
90.0!
1.01Providing 2 or 3 telephone lines
minimal service
40.0 electric retardant pumps
A/ater
Sewer
Security Fencing
Ap___paratus/Equipment
Water Tank
Retardant Tank #1
Retardant Tank #2
Loading Pump & Motor
Recirculating Pump
Electrical Panels
Air Compressor
Loading Hoses & Fittings
Micromotion Machine
T--~mp/Seasonai Office Space
Subtotal
5.01
5.01
1.0
94.0
to install water for seasonal office
space and retardant refill
to provide sewer for seasonal office
5.0
10.0 i Dry-well to treat retardant washdown
;
10.0
10.0~'
10.0:
3.51
5.0~
5.0
79.5
4.0i
12.0
40.0;
356.0'
Phase I total
Phase II total (1+11)
Phase III total (1+11+111)
94.0
173.5
· est. $100.0 'est. $200.0
est. $550.0
529.5
Kenai Retardant Site (Estimated Costs).xis
CITY OF KENA'
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
1992
M emoranClum
Date:
To:
From:
March 13, 2001
Kenai City Council
Richard A. Ross, City Manager
Sale of Inlet Woods- Undeveloped Lots
Attached are proposed sale documents for the applicant-initiated sale of the 53 lots that
lack full utilities in Inlet Woods Subdivision.
Also find attached portions of the appraisal report performed on these lots. A full copy of
the appraisal is available for review if there are questions of methodology not answered
by the portion provided. The appraisal of these lots, based on a cash sale as one parcel in
their present state of development, is $180,000. The Administration has reviewed the
appraisal and discussed it with the appraiser. We are in concurrence with the appraisal.
The Administration recommends that the sale proceed as proposed.
Attachments
CITY OF KENAI
NOTICE OF LAND SALE
2001 LAND SALE - 53 INLET WOODS SUBDIVISION LOTS
Subject to KMC 22.05, the City Manager or his authorized representative will sell
by competitive sealed bid to the highest responsible bidder the interest of the City
of Kenai in the following described property.
Fifty-three (53) lots in Inlet Woods Subdivision, Part One, according to Plat
No. 84-279, Kenai Recording District, Third Judicial District.
The property is located in a neighborhood zoned Suburban Residential,
approximately two miles to the north and west of the downtown Kenai commercial
district, off of Redoubt Avenue. Vicinity maps are included in bid package. Streets
within the subdivision are paved and improved with curbs and gutters. Public
utilities available include natural gas, water and sewer.
The lots will be sold as one cash sale, by competitive sealed bid to the highest
responsible bidder. Minimum acceptable bid shall not be less than the fair market
value of $.180,000. A $3,000 bid deposit in the form of a cashier's check or money
order must be included with each bid form. Conveyance will be made by Warranty
Deed. No subsurface interest will be conveyed to the buyer.
KMC 22.05.040 (b)(6) allows the bidder who is the initiating applicant, if not the
high bidder, to have the option to purchase the property if he or she tenders the City
a bid equal to the high bid within five days of the bid opening. This sale has an
initiating applicant and this provision will apply.
Bid package can be obtained at City Hall, 210 Fidalgo Avenue, Suite 200, Kenai,
Alaska 99611-7794. Bids will be publicly opened and read aloud at 10:00 a.m. on
May 11, 2001 in the office of the City Manager in Kenai City Hall. Additional
information may be obtained by contacting Klm Howard at 283-7535 Ext. 223.
PUBLISH' Peninsula Clarion' April 3 and April 10, 2001
53
2001 LAND SALE-
INLET WOODS SUBDIVISION
LOTS
BID DATE and TIME:
LOCATION'
May 11, 2001 @ 10'00 a.m.
KENAI CITY COUNCIL CHAMBERS
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
City of Kenai
2001 Land Sale- 53 Inlet Woods Subdivision Lots
May 11, 2001 @ 10'00 a.m.
Table of Contents
,,
General Information .............................................................. 1
Procedures ...................................................................... 2 - 3
Property Information ............................................................. 3
Maps of S-ale Parcels ........................................................ 4- 7
Building and Use Restrictions- Subdivision Covenants ........ 8- 10
Bid Form ............................................................................ 11
City of Kenai
2001 Land Sale - 53 Inlet Woods Subdivision Lots
General Information
On May 11, 2001, at 10'00 a.m. the City of Kenai will be conducting a sale of
fifty-three (53) residential lots in Inlet Woods Subdivision, Part One. The lots will
be sold as one cash sale that will include all 53 parcels. Sealed bids will be opened
in the City Council Chambers in the City Hall building at 210 Fidalgo Avenue in
Kenai.
The 53 lots are more specifically described as:
Block 9, Lots 1-1 2
Block 10, Lots 1-9; 11-14
Block 11, Lots 1-7 and Lots 9-11
Block 12, Lots 5-7; 9-15; 28-35
The minimum bid price is $180,000 and is based on fair market value considering
all the lots are purchased as one cash sale. Property is to be sold subject to any and
all restrictidns, easements, or reservations of record, zoning ordinances, and any and
all plat requirements and covenants. All prospective bidders are urged to examine the
parcel prior to the sale. No subsurface interest will be conveyed to the buyer.
Prospective buyers are also advised that the City reserves the right to withdraw the
parcel scheduled for sale, either before or after the bid opening.
Conveyance will be by warranty deed. The bUyer will take the property with no
amounts due for City special assessments or for City or Borough property taxes for
2001 or prior years.
Questions concerning the sale should be directed to Kim Howard at 283-7535 Ext.
223 at City Hall.
City of Kenai
2001 Land Sale - 53 Inlet Woods Subdivision Lots
Procedures
Bids must be submitted in writing on the bid form included in this bid package.
All bid forms must be signed and completely filled out. Bidders must be at least
eighteen (18) years of age at the date of the bid opening. Any irregularities on the
bid form, such as incomplete information, insufficient or inconsistent identification of
the property, or lack of signature, may invalidate the bid. All bid forms must be
sealed with the required bid deposit in envelopes addressed as follows'
City of Kenai, Alaska
2001 Land Sale- 53 Inlet Woods Subdivision Lots
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
Bid envelopes must be received prior to the bid opening to be held at 10:00 a.m. on
May 11, 2001 at City Hall at the above address. Hand delivery to Kim Howard in
City Hall is recommended. Once received by the City, a bid may not be withdrawn.
However, a bidder is not prohibited from making more than one bid. Drawing the
name of one of the tie bidders from a hat will break ties. The bidder whose name is
drawn shall be deemed to have bid an additional $1.00 in breaking the tie.
KMC 22.05.040 (b)(6) allows the bidder who is the initiating applicant, if not the
high bidder, to have the option to purchase the property if he or she tenders the City
a bid equal to the high bid within five days of the bid opening. This sale has an
initiating applicant and this provision will apply.
A $3,000 bid deposit in the form of a cashier's check or money order must be
included with each bid form. The minimum acceptable bid is $180,000.
Payment will be by cash, cashier's check, or money order within 14 (fourteen) days
of the bid opening. In the event that full payment is not received from the highest
bidder within 14 (fourteen) days of the bid opening, the bid deposit will be forfeited
and the successful bidder will lose all right to the property. In this case, the property
will be offered to the second highest bidder, who must perform at his or her bid
amount within 14 (fourteen) days, or the bid deposit will be forfeited. This process
will continue until the land is sold or there are no more bidders.
All recording fees, collection fees (set-up and annual), and closing fees will be paid by
the buyer.
Bid deposits of unsuccessful bidders will be returned by City check within sixty (60)
days of the bid opening. This extra time allows the City to offer property to the next
highest bidder(s) if the highest bidder fails to perform within the designated time.
The bid deposits, less fees, of successful bidders who perform within the designated
time will be applied to the sale price.
The City of Kenai will not disclose bidding information, such as what bids have been
received from whom or for which lots bids were received (if this information is
known), until after the bid opening.
·
Questions concerning the sale procedures should be directed to Kim Howard at 283-
7535 Ext. 223 at City Hall.
Property Information
The property is located in a neighborhood zoned Suburban Residential (RS),
approximately two miles to the north and west of the downtown Kenai commercial
district, off of Redoubt Avenue. Vicinity maps are included in this bid package.
Primary access is off of Redoubt Drive which is connected to the Spur Highway by
Forest Drive. Streets within the subdivision are paved and improved with curbs and
gutters.
Lot sizes range from 7,769 sq. ft. to 17,906 sq. ft. The most frequently occurring
size is 9,600 sq. ft. An appraisal report is available for review at City Hall.
Public water and sewer utilities are stubbed to the lot line. Based on information
received from the utility companies, natural gas is available to all of the properties.
Electric service, telephone and cable television are not available to most of the
properties. The City does not warrant nor make any representation as to the
availability of, nor cost of, extending these utilities. Bidders are urged to check
with utility companies as to utility locations.
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2001 Land_Sale
53 Inlet Woods Subdivision Lots
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BUILDIIIG AND USE RESTRICTIONS
FOR THE INLET WOODS SUBDIVISION
PART ONE
PLAT KRB 84-279
LAND USE AND ,.BUILDING TYP~E
No lot sha]' be used except for residential purposes. Co~mmrcial utilization
of the lots is expressly forbidden. Single family dwellings only shall be
allowed in this subdivision. Zero lot line type dwellings are to be defined
as stngle family dwellings.
DMELLING S I ZE_AND ....CONSTRUCT ION
The minimum permitted dwelling size for one (1) story ranch Pomes to be
one thousand two hundred (l,ZO0) square feet, minimum dwelling size for
.two (2) level homes to be one thousand four hundred (1,400) square feet
with the ground level not being less than seven hundred (700) sq,m~re feet.
gtntm~ d~11tng size for zero lot l tne dwellings to be seven hundred twenty
(720) square feet on the ground floors, this tncludes all styles of zero lot
line dwellings. Garages to be constructed for all slngle famtly and zero
lot line homes. The exterior of the dwelling must be completed within one (1)
year from start of construction.
EXTERIOR ANTENNAS
Satellite dish type antennas of any size and ham radios or conmmnicatton type
towers and antennas of any kind are strictly prohibited on any lot in the
subdivision. The ~urpose of this covenant is to restrict the use of antennas
to only standard TV or FM type antennas.
EASEI~NT
Easements for the Installation and maintenance of utilities and drainage
fact I t ties are reserved as shown on the recorded plat. Within these easements
ne structure, planting, or other materaal shall be placed or permitted to
remain which may damage or interfere with the installation and maintenance of
utilities, or which may change the direction of flow of drainage channels in
the easements. The easement area of each lot and all improvements in it
s~m11 be maintained continuously by the owner of the lot, except for those
improvements for which a public authority or utility company is responsible.
NUISANCE
,i,
No noxious nr offensive activity sha11'.be carried on upon any lot, nor shall
anything he done thereon which may be or may become an annoyance or nuisance
to the neighborhood.
TEMPORARY STRUCTURES
No structures of temporary character, trailer, basement, tent, shack, garage,
'~arn or other outbuilding shall be used on any lot at any time as a residence
either temporarily or permanently.
SZGNS
No sign of any kind shall be displayed to the public view on any lot except
one (1) professional sion of not more than one (1) square foot, one (1) sign
of not more than five (5) square feet, advertising the property for sale or
rent, or signs used by a builder to advertise the property during construction
and sales periods.
SELE_CTIVE CLEARING OF LOT_S
Clearing c:~ all lots shall be selective and not cover more than sixty (60)
percent of the gross lot area, with the remaining area left ~n its natural
s ta re.
TREES
i ,
No trees may be removed from any lot. except those trees necessary for clearing
a construction site for a dwelling to be constructed on that lot. It is the
intent of this provision that all persons purchasing a lot shall do their
utmost to maintain the trees and the natural wooded surroundings of their
properties. In the event of the excess removal of trees on any lot, the
owner shall be responsible, at his own expense, for replanting and maintaining
live trees.
SICHT DISTANCE AT !NTEP.SECTIONS
No fence, wall, hedge or ~hrub planting which obstructs sight 11nes at
elevations between two (2) and six (6) feet above the roadways snail be
placed or permitLed to remain on any corder lot within the :rtanqular
area formed by the street property l tnes and altne connecting t:~em at
points twenty-five (2.~) feet from the intersection of the street 1tries,
or in the case of a rounded ~nterse:tion of the street D~,perty ' ?nes
extended. The same sig~t-1 ,n? l imttat~ons she1! apply on army lc.: within
ten (lO)at'ret from the inters::ctton of a street p-operty 1the with the
edge of a driveway or a l:ey p;tv~ent. No tree shell be pemttted to
remain within such dtstnnces of such intersections unless the foilage l the
iS ~nintained at sufficient height to prevent obstruction of SdCh sight
11ne.
These covenants are to run with the land and shal'~ be binding on all parties
and all persons claiming under them for a period tff twenty (gQ) years shall
be automttcally extended for successive periods of ten (10) years unless
an instrument signed by a majority of the then ewr, ers of the 1ot$ has been
recorded, agreeing to change said covenants in whole or in part.
Thts declaration may be amended during the ftrst twenty (20) year period
by an instrument signed by not less than ninety (90) perc::ct of the lot
owners and thereafter by an instrument signed by not less than stxty-';tve (65}
percent of the lot owners. An), amendment must be recorded.
ENFORCEHENT
Enforcement shall be by proceedings at law o- in equity agatnst any person
or persons violating or attempting to vtolate any covenant either to
restrain ~tolatton or to recover damages.
SEVERABILITY
Invalidation of any one of these covenants by ~ludgement or court order shall
tn no way affect any of the other provisions .whtch shall remain tn full force
and effect.
The foregoing :-estrtcttons and conditions for butldtng and use in the named
suMivtston are hereby declared and adopted by the owner of the subdivision,
and all easements created, and all conditions on purchase and ownership of
property in the subdivision shall be deemed and constderea as covenants
running with the land. '
LIVESTOCK AND FOULTRY
No animals, livestock or poultry of any kTnd shall be rstsed, bred or kept
on any lot, except that of dogs, cats or other household pets ~y be kept,
provided that they are not kept, bred or nmtntatned for any co,~erctal
purpose. /
.
askan General
Lit, Inc., , P
~toria M. Jon~so~
STATE OF ALASYJ~ } : EC;,51[ 0~"-.'~
)s~.
THZRD JUDZCZAL DISTR~CT)
~lS iS TO CERTZFY that on th~s ~ day of ~,,~./ , 1985,
before ~, the undersigned, du]y co~ssioned and s~m, personally app~md
S~niey S. ~Lane, ~naging Partner for HSH, An Alaskan Genera} Pa~ne~shtp
to ~ kno~ to be the person described tn and ~ho ex~uted the a~ve and
fomgoing instrument and acknowledged to m that he stgned and seated the
freely aha voluntarily for the uses and purposes therein ~ntton~.
~[TNESS MY HAND and offtctal seat the day and year ~nttoned tn the
~o~ ~u~i~e ~n an~'for_~l~~,..'''-'-~' '"..
STATE OF AL~ ) )ss ~~ ~
~IS [S TO CERTIFY that on this ~day of ~j~~~ .... , 1985~ .... ,
before ~. the undemtgned, duly co~stoned a~~, ~emonaliy appeared '. .
La~ence Thorns, President, San Lar. Inc.. an Alask~. Co~oratton to m kn~ to
be the ~emon described tn and uho executed the a~ve and foregoing tnstr~nt
and ackn~iedged to ~ that he :~qned and sealed the sa~ f~ely and voluntarily foe
the uses and purposes theretn ~nttoned.
14ITNESS MY HAND and offtctal seal the day and year menttonea tn the
cei-ttftcate above written.
qef~y-Publ tc i~ ~nd rOI' Aiasl~-~/';:----. .. ,~..., .. ~, ....
I~v CO~lniSston expires: yo~_-,~]~.;
STATE OF AL~ })ss. ~ ~-- ,, .
._ 0.% ·
~]RD JUDICIAL DISTAIn) %, o1,';;.~~..,.:.~.
'"~s 'f~ :i ~ ~' .
~ZS ]S TO CERTZFY thai on thts ~day_of ~~~ ..,
~fore me, the undersign~ duly c~lsslonee and s~~ pemonaily appeared ......
~ ~ts, to ~ kno~ to ~ the pemon descrtb~ tfl and who ex~uted the
a~ve and foregoing tnst~ent and ackn~ledged to m that he stgned and
sealed the sa~ freely and voluntarily for the uses and pu~oses themtn
~ttoned.
HZ~ESS MY'HAND and official seal the day and year ~nttoned tn the
certificate a~ve written·
'MM co.fission expires:. '
,;.
·
..
STATE OF ALASKA , Iss.
THIRD JUDZCZAL DISTRICT)
THTS [$ TO CERTZFY that on thts /~~day of /~~.~ .,
before me, the undersigned, duly com--~stoeed anii-svee,, personally appeared ·
Shelby E. Johnson and Vtctorta 14. johnson, to me knmm to be the persons described
tn and who executed the above and foregoing Instrument and acknowledged to me
that they signed and sealed the same freely and voluntarily for the uses and
purposes therein mentioned.
,qITNESS MY HAND and offtctal seal the day and year mentioned tn the
~certtftcate,~gS'' 0 0 9ab°ve wrt~:eI. 3
~REC' .~~
DISTRICT
R~OUESTEO
lO
.4
City of Kenai
2001 Land Sale - 53 Inlet Woods Subdivision Lots
May 11, 2001
BID FORM
Bidder's Name:
,,
(Please print or type)
Address:
City, State and Zip'
Phone:
This bid is on the following property'
53 Lots in Inlet Woods Subdivision, Part One, further identified as:
Block 9, Lots 1-12
Block 10, Lots 1-9; 11-14
Block 11, .Lots 1-7 and Lots 9-11
Block 12, Lots 5-7; 9-15; 28-35
The minimum acceptable bid is $180,000.
Total bid amount in numerals:
Total bid amount in writing'
My $3,000 good faith deposit, in the form of a cashier's check or money order, is
included with this bid or has been previously submitted to the City. I acknowledge
the terms and conditions of the land sale as set out in this bid package.
Signature Date
11
ALASKA CERTIFIED APPRAISAL SERVICES
The date of the appraisal and the date of the report are March 2, 2001, which
was also the final date of inspection.
CLIENT & OWNER
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611
APPRAISER
Chuck Osmond
Alaska Certified Appraisal Services
46580 Roosevelt Avenue
Soldotna, Alaska 99669
I_OC.,n,.TION AND PROPERTY SUMMARY
The subject lots are located in Inlet Woods Subdivision which is located off
Redoubt Avenue, approximately 2 miles northwest of the commercial core of'
Kenai.
PROPERTY IDENTIFICATION
The 53 subject lots are legally described as' Lots 1 thru 12, Block 9; Lots 1 thru
9 and 11 thru 14, Block 10; Lots 1 thru 7 and 9 thru 11, Block 11; and Lots 5 thru
7, 9 thru 15, and 28 thru 35, Block 12, Inlet Woods Subdivision, Part 1.
LAND AREA
The 53 lots range in size from 7,769 square feet to 17,906 square feet. The most
frequently occurring size is 9,600 square feet.
File No. 1334
Page No. 7
ALASKA CERTIFIED APPRAISAL SERVICES
IMPROVEMENTS
The subject consists of 53 vacant single-family lots needing electricity and
telephone.
ZONING
The subject is zoned RS, Suburban Residential.
HIGHEST AND BEST USE
The highest and best use of the lots is for single-family residential development.
INTEREST APPRAISED
The fee simple interest in the vacant lots is to be appraised.
THREE YEAR SALES HISTORY
None of the subject lots are known to have sold within the last three years.
SUMMARY OF ESTIMATES
Absorption Period:
"As Is" Value Estimate of Raw Land:
5 years
$180,000
File No. 1334 Page No. 8
ALASKA CERTIFIED APPRAISAL SERVICES
_
NEIGHBORHOOD ANALYSIS
The subject lots are located in the' northwest corner of the city of Kenai. This is
primarily a residential neighborhood which is bounded on the east by the Kenai
Municipal Airport, on the north by the Kenai city limits, and on the south and
west by the Kenai Spur Highway. The area is conveniently located with respect
to the airport and city center, both of which are situated one mile to the east.
This neighborhood has some of the oldest and newest homes in the Kenai area.
The neighborhood originally developed with large lots which could accommodate
on site well and septic systems. The extension of public sewer and water into the
neighborhood allowed for the development of subdivisions with smaller lots.
Utilities available throughout most of the neighborhood include natural gas,
telephone, electricity, sewer and water. Most streets are paved; however, there
are several streets which are still gravel surfaced.
While the neighborhood is convenient to Kenai's employment and service
centers, its desirability has actually declined slightly. This is the direct result of
the decline in the oil industry. The area used to be very attractive because of its
convenience to the north Kenai area where most oil and gas industry jobs are
located. The loss of oilfield jobs and the decline of the real estate market in the
north Kenai area has negatively impacted the subject neighborhood. This trend
is expected to stop and possibly reverse with expected modest improvement in
the north Kenai job market.
The current trend is toward building outside of the city limits. This is for several
reasons. For one, lower interest rates are available for homes outside of city
limits. Another factor is that many buyers are preferring a more rural setting with
larger lots and greater privacy. Also, the market has changed such that the
demand for Kenai home locations has diminished. 24 new homes Were built in
2000 according to building permit records. This is down from the 26 homes built
in 1999 and significantly less than the 45 homes constructed in 1998 and the 36
homes constructed in 1997.
Discussions with builders indicate that the 2001 construction season should be
more active than last year. Several factors could affect the real estate market
File No, 1334
Page No. 21
ALASKA CERTIFIED APPRAISAL SEF~VICES
and the demand for residential lots. The most significant would be an expansion
of the oil industry and new oil jobs. Even if the oil industry expanded now, the'
demand for additional lots probably would not occur until one to two years from
now. Another substantial factOr affecting demand is the availability of financing
at reasonable rates. If interest rates Continue to stay Iow, the demand for new
housing will be strong.
In the short term it is expected that the demand for lots in the subject
neighborhood will continue to be weak. 2001 new home starts are expected to
increase over the levels of the past two years. Lot values which have apparently
declined in recent years are expected to remain stable. The effect of placing the
subject lots on the market will certainly not increase lot values; however, it may
provide an impetus for new home construction in the neighborhood.
File No. 1334 Page No. 22
ALASKA CERTIFIED APPRAISAL SERVICES
METHODOLOGY OF THE APPRAISAL PROCESS
The appraisal process is the orderly program in which the data used to estimate
the value of the subject property is acquired, classified, analyzed, and
presented. The first step is defining the appraisal problem (i.e., identification of
the real estate, the effective date of the value estimate, the property rights being
appraised, and the type of value sought). Once this has been accomplished, the
appraiser collects and analyzes the factors that affect the market value of the
subject property. These include area and neighborhood analysis, site and
improvements analysis, highest and best use analysis, and the application of the
three approaches to estimating the property's value. Appraisers generally use
.
three approaches to value: the direct sales comparison approach (also known as
the market approach), the cost approach, and the income approach.
In the case of proposed lots, however, the cost and income approaches are not
directly applicable, although cost and income considerations are made when the
estimated gross sellout price is converted into an estimate of market value for
the lots and for the raw land. In effect, the appraisal is a three step process. In
step one, the individual value of each lot is estimated. In step two, absorption
period costs are considered and the gross sellout price is discounted to an
estimate of market value. In step three, construction period costs are also
considered and the net result is an "as is" indication of value for the raw land.
The first step in the appraisal process is to estimate the individual values of the
subject lots. Several methods of valuing property sites are available to the
appraiser. Among them are direct market comparison, land abstraction, the land
residual technique, and the anticipated use of development.
Of the above, direct market comparison is considered most appropriate. The
rationale and logic of this approach is that "...the informed, prudent
purchaser/investor will pay no more for a given site than the cost to him/her of
acquiring an alternative site offering the same utility." Using this approach, land
is valued as if vacant and available for development to its highest and best use.
Sales are sought of unimproved properties which can be directly compared to
File No. 1334
Page No. 33
ALASKA CERTIFIED APPRAISAL SERVICES
the Subject after adjustments are made for any irregularities existing between
them.
In this case, we will employ the "key lot" method wherein the value of a typical
lot, called the key lot, is first estimated by direct market comparison. The key lot
is then compared with the other subject lots and adjustments are made to
account for any differences existing between the key lot and the other subject
lots. I have selected Lot 4, Block 9 as the key lot. This lot has physical and
Iocational characteristics typical of most of the subject lots.
I have made a thorough investigation of the Kenai lot market. On the following
pages the most comparable land sales uncovered in my investigation are
discussed in detail, following which is a chart summarizing those sales. Also
included is a map denoting their location.
I
File No. 1334 Page No. 34
ALASKA CERTIFIED APPRAISAL SERVICES .
LAND SALES SUMMARY CHART
SALE NO. KEY LOT ONE TWO THREE FOUR FIVE SIX
4/8 5/8 16/9 10/7 12/4
LOT/BLOCK
SALES DATE NIA 7~99 7~99 6~99 1101 1101 10/00
PRICE NIA $13,000 $17,000 $16,000 $12,000 $13,000 $13,000
SIZE (SQ.FT.) 9,600 12,996 9,514 9,308 9,514 9,600 9,600
SHAPE Adequate Adequate Adequate Adequate Adequate Adequate Adequate
TOPOGRAPHY Level Level Level Level Level Level Level
UTILITIES All All All All All except All All
Elec~
ACCESS Paved Paved Paved Paved Paved Paved Paved
SOILS Adequate Adequate Adequate Adequate Adequate Adequate Adequate
VEGETATION Typical Typical Typical Typical Typical Typical Typical
LOCATION Good Good Good . Good Good Good Good
ANALYSIS AND CONCLUSION OF KEY LOT VALUE
During my initial market data search I included lot sales in both Kenai and
Soldotna. After closer analysis of the Soldotna market I concluded that it was
different from the Kenai market and did not further consider Soldotna lot sales.
Recent lot sales in Kenai ranged from less than $10,000 for fair lots on gravel
surfaced streets to over $30,000 for lots fronting the Kenai Golf Course. Clearly
the sales most similar to the key lot have occurred within Inlet Woods
Subdivision.
One subdivision which does compete directly with the subject is Windhaven
Estates which adjoins the subject subdivision's west boundary. Windhaven
Estates was developed by Hall Quality Builders and the lots are not sold
individually; rather, the subdivision developer builds homes for resale on them.
ThUs, there is no direct lot sale data available for this subdivision. Mr. Hall has
had relatively good success marketing homes in this subdivision; although, not
as good as in other subdivisions.
In 2000, the City of Kenai made 68 other lots available for sale in Inlet Woods
Subdivision. Of these lots, only three have sold with a fourth pending. The sold
lots are included in the analysis as comparables 4, 5, and 6. It is somewhat
File No. 1334 Page No. 48
surprising that more of the city lots have not sold. The pricing appears
reasonable and the lots are some of the more desirable lots in the Kenai area.
There are potentially two factors which account for the slow marketing. One
reason is simply that demand is Iow at this time. The other factor, and the most
important factor, is that the City of Kenai is simply not set up to sell real estate.
While they will pay a 5% commission to a Realtor who brings a buyer to the City,
they will not list lots with local Realtors. Furthermore, the marketing activity of
the City has generally been limited to some advertising in the local paper and
signage at the property. Had the city lots been more aggressively marketed, I
believe, that the sales activity would have been better. In any event, it must be
recognized that there are currently 64 other lots in the subject subdivision which
are available at a typical price of $13,000 per lot. This price effectively sets the
upper limit of value for the subject lots.
The six comparable sales utilized in this analysis ranged in price from $12,000
to $17,000. The two highest sales, at $16,000 and $17,000, appear to be above
market. At the time they sold there' were almost identical city owned lots directly
across the street which could have been purchased at the much lower price of
$13,000. The buyer of comparables 2 and 3 indicated that his Realtor incorrectly
reported there were no other lots available. Sales 2 and 3 are recognized as
being high and are not weighted significantly in the analysis. Comparable 4, the
lowest indicator of value at $12,000, potentially had some additional electrical
cost associated with it. Thus, it is considered to be slightly lower than
appropriate for the key lot which is being valued as if all utilities are available°
The other three comparables indicated values of $13,000 per lot and are
considered to be highly similar to the key lot. With most weight on the
comparable sales at $13,000 per lot, I have reached the conclusion that the
market value of the key lot after completion of electrical and telephone
extensions is $13,000.
File No. 1334
Page No. 49
The other subject lots are generally very similar to the key lot. There are a few
exceptions where there are some differences in size or shape; however, the key
lot value is considered to be representative of the average lot value. It is noted
that Lots 1 through 5 in Block 11 will need some material removed so that they
are developable. This factor will be considered in the subdivision analysis later.
At $13,000 per lot, the gross sellout price for the 53 subject lots is $689,000.
.,
This of course is not the same as the market value of the subject. In order to
estimate market value it is necessary to consider the costs associated with
completing, holding, and .selling the lots, and also the time necessary to sell the
lots.
ABSORPTION PERIOD ANALYSIS
A review of building permit data shows that over the past ten years there have
been 24 to 45 new homes constructed each year within the city limits of Kenai.
The average has been 33 new homes per year. New construction activity gives a
general idea of normal levels of demand. Typically, however, more lots are sold
than the number of homes built. Thus, the demand for lots is usually greater than
the number of homes built. Of the 68 lots which the City of Kenai has marketed
over the past year, only four have sold. At an absorption rate of four lots per year
it would take over 13 years to sell all 53 subject lots. As previously discussed,
however, the city lot sales are probably not indicative of actual absorption
because the level of marketing is less than if the lots had been owned by private
parties.
It is expected that a significant portion of the new homes constructed in Kenai in
the next several years should be within the subject subdivision. The subject
subdivision is one of the nicer subdivisions available and there are generally no
other developed lots which compete favorably. I would expect that the rate of
absorption for the subject would be at least ten lots per year. This is higher than
what the city has experienced over the past year with the other lots in Inlet
Woods Subdivision and represents roughly one third of the average number of
homes constructed in the past ten years. At a rate of ten lots per year it is
File No. 1334
Page No. 50
expected' to take approximately five years to effectively market all 53 of the
subiect lots.
The next step in the appraisal process is the estimation of market value, i.e. the
value of the lots to a single purchaser. Since the typical purchaser of a project
like the subject would be an entrepreneur or investor, his primary concern would
be the income producing capabilities of the lots. He would be concerned with the
timing of revenues (time value of money), construction costs (site work,
telephone, and electrical), and the necessary absorption period holding costs
(i.e., taxes, overhead and legal, and sales and closing costs). Therefore, the
estimated gross sellout price must be adjusted for these factors to reflect market
value to a single purchaser.
The appraiser must estimate the gross income from sales and the expenses
which are required to sustain the property throughout the holding period. The
resulting net income is then discounted to present worth to reflect value as of the
date of valuation. This is typically referred to as the discounted sellout approach
or subdivision analysis method. The .methodology behind this approach simply
includes the making of a series of deductions from gross sellout price to account
for the various identifiable and market supportable profit and holding costs
involved with an extended holding period. Gross sellout price for the lots has
been estimated in the previous section of this report at $689,000. The
construction period costs which must also be deducted from this amount include
the extensions of telephone and electricity and some site work associated with
the high topography of Lots 1 through 5, Block 11. The absorption period costs,
which must be deducted from gross income, include entrepreneurial profit, sales
and closing costs, legal and overhead, and real estate taxes. The cost of debt
and equity capital are considered in the discount rate when the net cash flows
are discounted for the time value of money.
·
In the absorption analysis earlier in this report, it was estimated that all 53 lots
could be absorbed over the next five years. Average annual gross sales is
estimated to be $137,800. This is forecast to remain constant throughout the
Page No. 51
File No. 1334
ALASKA CERTIFIED APPRAISAL SERVICES
._
holding period. Lot values are currently stable and are expected to remain so
into the foreseeable future. It is possible that there will be some increase in lot
values over time; however, projecting such increases would be speculative
based on what is known now.
The following is a discussion of the expected construction costs required to
successfully complete the subject lots.
Site Work is required on Lots 1 through 5 in Block 11, which as previously
discussed, are significantly above street grade. It would be necessary to remove
material from these five lots in order to adequately develop them. There is a Iow
lying area directly across the street on city land which would make an ideal spot
to deposit the excess material. However, the ability to receive permission to
deposit fill on the city site cannot be assumed. Therefore, the excess material
must be removed entirely from the subject subdivision. The cost of removing fill
from these five lots is estimated at $3,000 per lot, or $15,000 total.
Telephone Service Extension costs were estimated at $115,000 according to
Alaska Communication Systems (ACS). Mr. 'Alex Zerbinos with ACS indicated
that the cost of telephone must be paid up-front by the developer but would be
reimbursed if lots were connected within three years. The telephone could be
extended in stages and a reasonable developer would only develop the number
of lots with telephone which he could sell within a three year period. Even then,
it is likely that some of the lots would not be connected with telephone within the
three year period. This was certainly the case with other lots in Inlet Woods
Subdivision, most of which have not yet been developed. A reasonable
developer would try to target sales to buyers seeking to develop the .lots in a
timely manner. Nevertheless, there would be a certain number of buyers which
would not connect within the required time frame. It is estimated that two thirds
(67%) of the lots would ~be connected to telephone service within three years'of
construction. Even though the absorption period for the lots is estimated to be
five years, reimbursements would actually continue after all lots were sold. The
typical developer would not extend telephone to all of the lots at once; rather, he
would probably do it in two stages with half of the lots being developed with
File No. 1334 Page No. 52
ALASKA CERTIFIED APPRAISAL SERVICES
telephone in the first year and the other half connected with telephone in the
third year. Reimbursements are expected to occur equally over a six year period.
The estimated telephone cost and the reimbursement schedule is summarized'
on the cash flow chart on page 57.
Of all the costs associated with the subdivision, the telephone extension costs
appear to be the most unreliable. Mr. Zerbinos indicated that the cost estimate of
$115,000 was simply a rough guess and was the best he could do with the time
constraints inv°lved- Mr. Zerbinos also indicated that it may be possible to
develop the subject lots without any telephone cost if homes utilized fixed base
cellular systems. Currently, fixed base systems do not have enough band width
to allow for internet service. Mr. Zerbinos indicated that second generation fixed
base cellular systems, which should be available in the near future, will have
sufficient band width to provide internet services. Thus, it may be possible that
the subject lots could be developed without any telephone extension costs. In
addition, the estimate, at $115,000, appears to be relatively high compared to
past subdivision costs. Part of the higher costs may be associated with ongoing
litigation relative to who can use telephone systems once they are installed. In
any event, the telephone costs are considered to be maximum costs and it may
in fact be possible to develop the lots at a more economic expense. This factor
will be considered when selecting the appropriate discount rate later in this
report.
Electrical Extension will be required to all of the subject lots. Mr. Brad Hibberd
with HEA estimated that backbone electrical could be extended thrOugh the
subdivision at a cost of $117,300. This cost estimate was for 68 lots which
included the lots on the north side of Backwood Avenue but which are not
included in this appraisal. Although the number of lots considered in this
appraisal is less, the actual backbone electrical costs are not expected to be any
less than that estimated by HEA. Mr. Hibberd estimated that in addition to the
backbone electric cost there would be $99,586 for transformers and service
connections. This cost is variable with the number of lots developed. Mr.
Hibberd's cost, at $1,465 per lot, would total $77,645 when applied to the 53
subject lots. Total electrical cost are therefore estimated at $194,945. The typical
developer of the subdivision would likely have HEA put in the backbone
electrical in the first year and then install transformers and services as needed.
File No. 1334
Page No. 53
ALASKA CERTIFIED APPRAISAL SERVICES
The developer is entitled to reimbursements for the electrical extension costs.
The reimbursement schedule is made at the lesser 6f the actual cost or a base
rate of $4,870/service. Reimbursements are paid for a maximum of ten years
beyond the date of installation. It is likely that some of the su~iect lots would not
be built-out within a ten year period. It is estimated that three fourths (75%) of
total estimated electrical costs will be reimbursed. This equates to a total
reimbursement of $146,209, or an average of $14,621 per year for the ten year
reimbursement schedule. The timing of electrical costs and reimbursements are
shown on the cash flow chart on page 57.
Developer's Profit is the final cost which must be considered as a construction
period cost. Developer's profit is the return necessary to compensate the
developer for overseeing the property through the development period. In this
case, since the lots are relatively complete, developer's profit would be relatively
Iow. it is estimated to be 10% of total actual construction cost.
HOLDING PERIOD COSTS
The following is a discussion of the expected holding period costs required to
successfully market the lots.
F~ntrepreneurial Profit is estimated at 15% of sales. It is necessary to include
entrepreneurial profit as no.one would be willing to undertake such a venture
without a substantial return.
·
Sales and Closing Costs are the estimated sales commissions and closing
costs anticipated in the marketing of the subject lots. I have used 10% of the
gross sales income as being representative of local sales expense.
Overhead and Le al Ex enses include accounting, legal, and operating
expenses related to the sale of the property. Based on expenses in similar
developments, I have utilized 2% of the gross income as being representative of
this cost.
File No. 1334 Page No. 54
ALASKA CERTIFIED APPRAISAL SERVICES
Real Estate Taxes are estimated based on the current mill rate of 11.50 and a
projected assessed value equal to 100% of gross sales..Taxes are based on a
prorated amount of 50% for the lots sold in each year of the holding period and
100% of the remaining unsold lots.
After dedUcting the above expenses from gross income, an estimate of net cash
flow is developed for each of the five years. The cash flows must next be
discounted for time.
DISCOUNT RAT_E
In this instance, the net income to be derived from the sale of lots over the
projected holding period must be discounted to reflect the fact that a dollar to be
received in the future is worth less than a dollar to be received today. Therefore,
lots sold toward the end of the holding period would have less present worth
than the first lots sold. The cash flows that occur in Years 1-10 are discounted at
a risk related rate of 13%. In general, an investor would expect a yield above the
cost of financing. Rates of return on equity are primarily governed by the amount
of risk involved, the condition of the market, and the availability of financing at
reasonable terms. Under prevailing market conditions and considering the
subject's highest and best use, a 13% rate of return is considered appropriate.
A 13% discount rate is lower than typical for a subdivision, but is considered to
be appropriate in this case for several reasons. First, the risk level involved with
the subject subdivision is less than tYpical. The subject lots are nearly complete
and since they are part of a larger subdivision which has been in existence since
the mid 1980s, market parameters are clearly defined. In addition, the
construction cost estimates for the subject subdivision are conservative and it
may be possible to develop the lots at a lower cost. Furthermore, with the
decline of the stock market over the past year there are not as many alternative
investments available which potentially provide the same level of return as
expected for the subject subdivision. Finally, recently lowered interest rates
support a lower discount rate. When these factors are considered a discount
rate of 13% is reasonable. Discounting the cash flows at 13% results in an
File No. 1334
Page No. 55
ALASKA CERTIFIED APPRAISAL SERVICES
indicated market value of $180,000 as shown on the cash flow chart on the
following page.
CONCLUSION OF MARKET VALUE
Based on the preceding analysis and as summarized on the following cash flow
chart, I haVe formed the opinion that the market value of the subject property, as
of March 2, 2001, is'
ONE HUNDRED EIGHTY THOUSAND DOLLARS
($~80,000)
File No. 1334 Page No. 56
ALASKA CERTIFIED APPRAISAL SERVICES
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File No. 1334 Page No. 57
'From: Mike Taylor [angmtl@uaa.alaska.edu]
Sent: Thursday, March 08, 2001 11:27 AM
To: Alvin Merculief, Saint George; Ben Butler, Whittier; Bernadine Itta, Atqasuk; Bert
Cottle, Valdez; Boris Epchook, Kwethluk; Carl Otten, Saint Michael; Carolyn Floyd,
Kodiak; Chris Napoli, Dillingham; Dale Bagley, Kenai Peninsula Borough; Dale Fife,
Thorne Bay; Daniel Williams, Saxman; David Wallen, ,Port Alexander; Dennis
Watson, Craig; Dick Jacobsen, Aleutians East Borough; Donald Otis, Haines;
Dorothy Hailer, Diomede; Ed Zeine, Cordova; Edgar Blatchford', Seward; Ernest
nelson, Ekwok; Eugene Smith, Kotzebue; Fern Neimeyer, Wrangell; Frank Kelty,
Unalaska; Gary Stevens, Kodiak; Gary Wilburn, Coffman Cove; George Ahmaogak,
Sr., North Slope; George Dirks, Atka; George Shellikoff, Grayling; George Wuerch,
Anchorage; Glen Alsworth, Sr., Lake & Peninsula Borough; Glen Gardner, Sand
Point; Grace Hill, Quinhagak; Gust Griechen III, Pilot Point; Harry Hugo, Anaktuvuk
Pass; Henry Guinotte, Palmer; Henry Ivanoff, Sr., Unalakleet; Ignatius Chayalkun,
Chevak; Isaac Tuday, Togiak; Jack Cushing, Homer; Jack Shay, Ketchikan; James
Hayes, Fairbanks; James Nestic, Old Harbor; Jeff Jacobson, North Pole; Jerry Lapp,
Haines Borough; Jim VorderstraSse, Barrow; Joe Bereskin, Akutan; John Mielke,
Skagway; John Nickels II, False Pass; John Williams, Kenai; Johnny Gonzales,
Denali Borough; Kathleen VVasserman, Pelican; Ken Lancaster, Soldotna; Kim
Kasper, Houston; Leo Rasmussen, Nome; Lloyd Davis, Jr., Selawik; Lon Sonsalla,
Kaktovik; Lonnie Anderson, Kake; Michael Swain, Sr. Bristol Bay Borough; Mitch
Seybert, Port Heiden; Neil McArthur, Kachemak; Nick Chanar, Toksook Bay; Paul
Ulak, Scammon Bay; Paula Harris, McGrath; Richard Deigh, Egegik; Robert Knight,
Nenana; Robert Nick, Nunapitchuk; Robert Rychnovsky, Newhalen; Roland Moody,
Aleknagik; Roswell Schaeffer, Sr., Northwest Arctic; Roy Gilbertson, Delta Junction;
Rudy Hecker, Kiana; Russ Sweetsir, Galena; Sarah Palin, Wasilla; Simeon Swetzof,
Jr., Saint Paul; Solomon Atkinson, Metlakatla Indian Community; Susan Hecks,
Seldovia; Ted Smith, Petersburg; Thomas Greene, Nondalton; Thomas Maloney,
Yakutat; Timothy Anderson, Mat-$u; Tom Gray, White Mountain; Tundy Rodgers,
Bethel; Valerie nelson, Sitka; Violet Burnham, Kaltag; Walter Johnson, Saint mary's;
William Palmer, Cold Bay; Willie Thomas, Buckland; Zack Chichenoff, Ouzinkie;
227 @compuserve. corn
Cc: ~ 'Laurie Cunningham'; 'Karen Forsland'; 'April Jensen'; Carolyn Pratt
Subject: ALASKA SMALL BUSINESS CONFERENCE
aleabanr.sif Leaves Bksrd,jp8
Dear Mayor,
I am writing to you about an upcoming event for Alaska which I believe is
very important for the economy of Alaska. The event, Alliance North 2001,
will be a two-day conference (May 17-18, 2001) that is designed to help
small business owners become competitive in securing federal, state, and
local government contracts. The conference is hosted by the honorable Ted
Stevens, U.S. Senator, and is co-sponsored by the U.S. Small Business
Administration, the Anchorage Chamber of Commerce, and the University of
Alaska Small Business Development Center (Procurement Technical Assistance
program).
I am requesting your support of this important event in two ways:
First, through active participation of you or a designated member of your
staff. It is important that this conference represent the entire state of
Alaska. In today's "age of the internet", opportunities to work for, or on,
government contracts from anywhere in the world are developing each day. As
an administrator of local government, your access to news regarding projects
in.your area, or access to vendors for products and/or services which are
not available through your local vendors, is becoming more important. You
will be able to meet suppliers and speak with contracting officials from
throughout the United States during the course of this two day event.
Second, through distribution of this information to businesses throughout
your community. The opportunities in the State's major population bases is
self-evident. There are, however, many small businesses throughout the State
of Alaska in very small communities that are finding ways to expand their
market through sales to government agencies and to prime contractors working
on government projects.
If you, or a member of your staff would like to attend this event I am
offering registration at the rate established for SBA/PTAC/Chamber members
($200.00 for the two-day event). I would also like to encourage you to
consider purchasing a table at the trade show ($400.00 for two-days which
includes one guess pass to all events). This will be a good method to make
yourself available to businesses and government officials who will be
attending the event.
Complete information on the conference can be found at the following
website' http://w~....ptacalaska.or.q/anfront.htm
Because we all share the common goal of increased prosperity for the future
of Alaska, I would like to thank you in advance for your assistance on this
project. Please do not hesitate to contact me directly if you have any
questions or would like to participate in this conference in any other way.
Michael Taylor
Program Manager
PTA Alaska
430 W. 7th Ave. Ste 110
Anchorage, AK 99501
800-478-7232 (274-7232)
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 09611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO' Richard A. Ross, City Manager
FROM- Jack La Shot, Public Works Manager ~'~-
DATE- March 14, 2001
SUBJECT: Multi-Purpose Facility Refrigeration Project Scope
The following scope of work was prepared as requested by the City Council at the last
meeting. Items of work are as discussed previously at the work session of February 22
and generally as defined in the information provided at that time. All work is intended to
provide the desired industrial refrigeration system and associated work compatible to
the extent possible with the future master plan. I have broken the project into a basic
bid with alternates to give some flexibility with funding. The previously prepared work
schedule and cost estimate is attached.
BASIC BID
Industrial refrigeration system with associated equipment and piping.
Mechanical room located next to the Zamboni room to house the refrigeration
equipment. This room should be separate from other areas to limit access to the
refrigerants and prevent incidental storage.
Permanent five-inch to six-inch concrete floor with insulation, VB, thickened
footing for new dasher boards, and mounting anchors for other uses (volleyball,
tennis, etc.). The concrete slab would extend to the perimeter of the building
including under the warming shacks and bleachers to the edge of the parking
area.
New dasher board system compatible with the new floor. They will probably
have aluminum bases with plexi-glass that are good for removing sections ~or
summer uses.
Electrical to new equipment from the primary service. We will also run new
control wiring to the scoreboard from the new scorer's box and rewire the
warming shacks after the new floor is poured.
Extend sewer and water lines as necessary for floor drainage and to
accommodate future additions.
ALTERNATES
Restrooms and storage area. As the facility is improved for more users, these
areas will become more important. They will probably be located adjacent to the
new mechanical room. We will examine making temporary restrooms in a space
that will eventually be permanent space for the future building. This will allow
smaller restrooms for the interim.
Parking lot and access road paving. This will be broken into City and Challenger
areas. The top two inches of existing gravel will be removed with two inches of
leveling course and two inches of asphalt concrete replaced. The parking area
will meet the edge of the concrete floor. Future additions will require removal of
portions of the paving.
Attachments
PROJECT SCHEDULE
MULTI-PURPOSE FACILITY REFRIGERATION
March 21,2001
Introduce Ordinance to appropriate $100,000 for
Professional Services
April 4, 2001
Second reading of Ordinance
Award Professional Services Contract
June 1,2001
Advertise Bid for Construction
June 20, 2001
Introduce Ordinance to appropriate money for
Construction
1st Meeting in July
Second reading of Ordinance
Award Construction Contract
/
Up to 6 months
Completion of Project
MULTI-PURPOSE FACILITY
REFRIGERATION SYSTEM
COST ESTIMATE
Commercial System (labor included)
Indirect Refrigeration Equipment
Porta-matt
Mechanical Room - Temporary
Electrical
NE Fees & Contingency
Total (Sand-Based)
Concrete Slab- 4" entire building
Total (Concrete)
$180,000
65,000
50,000
30,000
$325,OOO
80,000
$100,000
$405,000
$s05,ooo
Industrial System (labor included)
Indirect Refrigeration System ·
Mechanical
Electrical
6"Concrete Slab with Piping, Insulation, Vapor
Barrier, etc.
A/E Fees & Contingency
Total
$250,000
100,000
40,000
250,000
640,O00
$160,000
$800,000
Additional Elements - either system
New Dasher Boards
Additional Storage Building
Restrooms
A.C. Parking - (see estimate)
$ 80,000
50,000
70,000
90,000
$290,000
March 7, 2001
Kenai Alternative H~h School
Kenai Peninsula Borough School District
Dennis Dunn, Mministrator
11247 Frontage Road, Ste. C
Kenai, Alaska 99611
(907) 283-7844
(907) 283-6463 FAX
We are in the planning stages of two important events that take place at Kenai
Alternative High Sc[mol- t~ sc~olprom and gra~uation.
Through various donations from community members and businesses, the staff and
students were able to plan andhave their first prom last year. For many of our
students, it was the first schoolsocial they were able to attend.
Graduation is scheduled for Friday, May 18, 2001 at 7:00 p.m. It will be held in our
gymnasium. As is customary, we will be hosting a reception after the graduation
ceremony. It gives friends, family and the community an opportunity to acknowledge
the accomplishments these students have made.
We are a smallschool and depend on the community for support. This year, we will
have about twenty-five students graduating. We are hoping that your
organization/~u~in~s wi[£ be able to mak~ a donation to ourgra~uation or prom fund
·
Thankyou in advance foryour continuedsupport of ourprogram and, as always, you
are welcome to come by and visit with our staff andstudents.
Phyllis Ann Hals tead,
Secretary]Tutor
CITY OF KENAI
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
MEMORANDUM
TO: Mayor John Williams and Council Members
FROM~.'ff Cary R. Graves, City Attorney
DATE' March 15, 2001
RE' Limitations on Municipal Regulation of Radio Antennas
Attached is SB 78 that would limit municipalities' .ability to regulate amateur antennas. The bill
passed out of committee on March 14, 2001 for consideration by the full Senate. Since this
would restrict our Planning and Zoning authority, Council may wish to comment on the bill.
I have asked Marilyn to include a copy in the next Planning and Zoning packet for their review.
Please let me know if you have any questions.
/sp.
Attachment
22-LS0449~3
CS FOR SENATE BILL NO. ?$(CRA)
IN THE LEGISLATU~ OF THE STATE OF ALASKA
TWENTY-SECOND LEGISLATURE- FIRST SESSION
BY TIlE SENATE COMMUNITY AND REGIONAL AIrFA~ COMMITTEE
Offcrcd: $/15101
Rd'e:'rcd: Rules
SPonsor(s): SKNATOR5 T~YLOR BY REQUEST, Austcrman
10
11
12
13
14
15
A BILL
FOR AN ACT ENTITLED
"An Act relating to municipal regulation of radio antennas."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1. AS 29. I0.200 is amended by adding a new paragraph to read:
(60) AS 29.35.141 (regulation otractio amcnnas).
* See. 2. AS 29.35 is amended by adding a new section to read:
See. ~9.35.141. Regulation of radio antennas. (a) A municipality that
regulates the placement, screening, or height of radio antennas must reasonably
accommodate amateur radio antennas. A municipality may require reasonable and
customary engineering practices to be followed in the erection of amateur radio
antennas. A municipality may impose only the minimum requirements relating to
amateur radio antennas that are necessary to accomplish the legitimate purpozes
intended to be served by the requirements.
(b) A municipality may not resmct the number of support structtm;s for an
amateur radio antenna. BaSed ou the most recently published United States census, a
municipal rcsu'iction on amateur radio antenna height may not be lower than
SB00?SB
-1-
New Text Underline4 [DELETED TEXT BRACKETED]
css~ 7s(ca~)
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11
12
13
14
22.LSO449U
(I) 200 feet above ground level as permitted by the Fecleral
Communications Commission in an area with a population density of 120 or less per
square mile;
(2) 75 £eet above ground level in an area with a populatior~ density of
more than 120 per square mile for an antenna on a lot tha~ is smaller than or~e acre; or
(3) 140 feet above ground level in an area with a population density of
more than 120 per square mile for an antenna on a lot that is one acre or larger.
(e) Subject to (a) and (b) of' this section, a muni¢ipa~ty may, by ordinance,
impose requiremeats to meet ¢learl~ defined objectives relating to screening,
placement, aesthetic, aacl health ~ncl safety factors with respec~ to the erection,
maintenance, and operation of amateur radio'antennas.
(d) An ordinance re~lating or restricting radio antennas adopted under this
section may not apply to a radio antenna that was erected before the effective date of
this Act.
(e) This section applies to home rule and general law municipalities.
-Z-
New Tex= Underlined_ [DELETED TEXT
, ·
~0 'd
'ON ~
90:0t nH,L t O-gt-8¥1A
STATE OF ALASKA
TONY KNOWLES, GOVERNOR
Paul and Sandra Vozar
1000 Mission Avenue # 100
Kenai, Alaska 99611
DEPARTMENT OF REVENUE $50W. 7THAVENUE, bIe.,.>,m
ALCOHOLIC BEVERAGE CONTROL BOARD Anchorage, Alas -ka99501-6698
Phone 907-269-0350
-- ~ ..... ---~. FAX:
....FiECEiVgD , 907-,72-9412
[, "-~ !~ March 6, 2001
- 7 2001'
'
KE I CITY CL RK:
2001 Continued Operation
Old Town Village Restaurant- restaurant or eating place license
License #00/01-3697
Dear Mr. and Mrs. Vozar:
We have received notice as required under AS 04.11.480(a) regarding a City of Kenai protest of the
continued operation of the above restaurant or eating place license. The protest is for sales tax and missing
returns..
As you are aware, the Kenai Peninsula Borough and the City of Kenai protested the continued operation of
the restaurant or eating place license for the calendar year 1999, the second year of the 1998/99 biennial
)period. In September 1999, we received a notice of bankruptcy that effectively stopped the "protest"
administrative process. The ABC board has not received any finxher notice as to the resolution of the
bankruptcy estate. Neither you, the Kenai Peninsula Borough nor the City of Kenai has notified the board as
to whether the taxes in dispute have been paid and the "protest" of continued operation lifted. Notice of the
2000-01 renewal of the liquor license was sent to both the City of Kenai and the Kenai Peninsula.Borough.
Both responded in a timely manner that they were unable to take action on the renewal due to the
bankruptcy. ,
Ms. Freas notes in~ her letter, a copy of which is enclosed, that the City of Kenai protest of continued
operation for 2001 is based on a post-bankruptcy petition.
Will you please contact our office with regard to the status of your business and the bankruptcy filing. It is
important that we be kept up to date as to the proceedings.
Thank you for your prompt attention.
City of Kenai
Kenai Peninsula Borough
Sincerely,~k }
Records & Licensing Supervisor
WINCE- COR THELL-BR YS ON
P.O. BOX I041
KENAI, ALAS~ 99611
Ph. (907) 283-4672 Fax (907) 283-4676
Email: wcb~ptialaska, net
March 9, 2001
Keith Komelis
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611
Re: ADOT&PF Kenai River Bridge Access Road Pathway, Project No' TEA-0463(16)/54295
Dear Mr. Komelis:
Wince Corthell Bryson is under contract to the Alaska Department of Transportation and Public
Facilities (ADOT&PF) to design a pathway along the Kenai River Bridge Access Road within
the current ADOT&PF right-of-way. This pathway will begin at the Kalifomsky Beach Road
and end at the Kenai Spur Highway, a distance of approximately 5.3 kilometers (3.3 miles). The
pathway, as proposed, is to be 10 feet wide and will roughly parallel the existing roadway. This
project includes crossing the Kenai River.
Our contract consists of preparing the appropriate environmental document, surveying,
geotechnical analysis, and preliminary pathway and bridge design. This pathway segment will
link existing and proposed pathways on each side of the Kenai River to complete the Unity Trail
System loop between Soldotna and Kenai, Alaska.
To discuss comments received to date, and to provide additional information regarding the
project, an agency scoping meeting will be held on:
Tuesday, March 27, 2001 at 1'30 pm
Kenai City Council Chambers
210 Fidalgo Avenue
The location of the pathway and how the pathway will cross the wetlands has not yet been
determined. We are interested in hearing any comments, concerns, and suggestions you may
have.
In addition to identifying any concerns and/or issues your agency might have with the proposed
project, the following information is requested:
Identify any existing and/or proposed zoning requirements and/or land use controls in
the project area.
Identify any other local improvement project under construction or proposed in the
vicinity of the project within the foreseeable future.
Does the community support the proposed project?
If you are unable to attend the meeting, comments and recommendations may
following address by April 15, 2001'
be sent to the
Mark Blanning, P.E., Project Manager
Wince-Corthell-Bryson
PO Box 1041
Kenai, Alaska 99611
If you have any questions, please feel free to call Mark Blanning of Wince Corthell Bryson at
283-4672.
Sincerely,
Mark Blanning
Wince-Corthell-Bryson
Project Manager
Month
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Hov
Dec
200 Monthly Enplanements
(1) ERA (2) ]OCX Total
8,300 0 8,300
7,137 0 7,137
1996-2000
5 Year 4verage
8,069
7,478
8,288
7,294
8,076
9,814
13,249
11,412
8,869
8,692
8,229
8,174
i _ . TOta. ls 15.437 ' 0 15.437
...... I I I II I I . IIII I II i II III I IIIII ' III iiii I III I I I I I II III i
I (*Avalanche rOad closures cOntributed tO high enplanement numbers in l! !
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
MARCH 21,2001
o
2001 Lease Renegotiations
,
2 / 3 / 2001 Economic Forum Notes
3 / 13 / 2001 Public Works Department Project Status Report.
.
Thank-you letters from Lt. Governor Ulmer and Representative Scalzi's for the
office plants.
,
3 / 15 / 01 Kenai River special Management Area Meeting Agenda.
o
3/01 Soldotna Chamber of Commerce, Chamber Connection.
o
3 / 12 / 01 KK letter to Livingston / Slone regarding water and sewer to Wildwood.
0
C~
Council Present'
Staff Present:
Planning & Zoning
Commission Members:
Harbor Commission
Members:
Airport Commission
Members:
KENAI CITY COUNCIL
ECONOMIC FORUM
FEBRUARY 3, 2001
KENAI SENIOR CENTER
Williams, Swarner, Frazer, Bookey, Bannock, Porter and
Moore
Kornelis, La Shot, Cronkhite, Freas, Graves, Ross,
Kebschull, Semmens
Bryson, Nord, Glick, Jackman,
Thompson, Eldridge
Van Zee
The Forum was opened by Mayor John Williams at approximately 9'00 a.m.
Introductions were made of the council and staff.
James O. Segura, Salamatof Native Association (SNA} -- Reported he was bom and
educated in Kenai and had been the general manager of SNA for 15 years. He
reported the following:
· SNA had some plans for future development in the city and public
announcements would be made soon in the future;
SNA had not had any problems working with the city throughout the
remodeling of their office building.
· Suggested the city continue the meetings with area Native leaders begun
several years ago should continue.
· Of the local Native organizations, SNA has the smallest number of
shareholders and believed they would like Working closer with the city.
Questions & Answers:
· Suggested the possibility of partnering with the borough to widen the
escape route from Nikiski.
· Their office has a 20-person capacity board room available for rent with
some clerical services available.
· The Head-Start program leases space from SNA only.
· When it was commented that there is the possibility of a Native boarding
school in the area, SNA had not been informed of the possibility. However, Segura
noted it was mostly the responsibility of the Native community to inform the public of
the plan. The possibility would be worth investigating.
· Opportunities arise to form joint ventures and a possibility would be in a
project that could be funded through 8A contracts with DBE's which are almost
guaranteed to be funded.
Believed placing a privately-run prison at Wildwood would be a positive
for the area economy.
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 2 of 13
Fred Braun, Freedom Realty and HEA Board Member -- Braun presented a 15-year
overview of economic trends and historical events affecting power usage in the
Kenai/Soldotna area. Braun noted questions and comments he receives
predominantly through his real estate contacts as'
Why is there no quality merchandise sporting goods store in Kenai? He
noted the Gary King's store closed due to family concerns of the Anchorage owner and
not due to competition.
· Where is there a men's and women's clothing store? Area residents are
forced to purchase from catalogs and Intemet for better clothes. When purchasing
through catalogs and Intemet, the city receives no sales tax revenue.
· Where is the restaurant with the view?
· Where is the copy store?
· Why is there no foreign auto sales, service, parts, etc. in the area?
· Why are there not more physicians and attorneys in the area?
Suggestions'
· City develop their own economic development to make contacts, meet
and greet, etc. When people inquire about moving to the area, they want security of
being in a subdivision close to a hospital, doctor, etc.
· Old office and store buildings need new fronts to put a new look on the
building which could be an enticement for rental or purchase.
· Investigate Borough's space allocation needs -- there could be a building
in Kenai that could accommodate some of the needs.
· Look for businesses that don't need to be situated right along the
highway,
Observations:
· There has been an increase in people who lived in the area, then moved
away, and are moving back to the area. There are also some people who had come to
Kenai on a seasonal basis and are now coming back to winter or live here year-
around.
The Alaska Christian College is planning on moving to the area.
· If a Home Depot or Walmart would be interested in moving into the area,
the store could be anywhere as they make their own community.
Other Questions & Comments Heard: · The subdivisions are too old. '
· There's no place to shop except Kmart.
· There are no new apartments, four-plexes, etc.
· The city center needs to be redeveloped. The core is too spread out.
· People are shopping in Anchorage as much as they did in the 60's.
· Kenai is living in its past.
· Why is it so hard to start a business in Kenai?
· People consider buying homes in Kenai because it's close to the airport.
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 3 of 13
There are too many hoops to jump in order to remodel a business.
Questions & Answers~..
Would it be appropriate to have the residential lots on the Kenai Spur Highway
rezoned to commercial? Answer: Yes, as the city development gets closer and closer
to Soldotna, the Spur should be commercial.
Would it be beneficial to the city if the zoning was changed for that area? Yes, the
wails between Kenai/Soldotna need to come down. Unity is very important..
Do you think there is a lack of affordable Spur Highway-frontage business properties?
Many small businesses don't need the highway frontage. It depends on the business.
The city needs a department to move on with potential businesses after their initial
meetings with realtors and/or the mayor/council.
Why is it hard to start a business in Kenai and work with the city? The city is easy to
work with. Doesn't know what people are referring to when they say different.
Other comments'
Harold Ward' Kenai/Soldotna limits should be extended to meet and remove the
borough from the mix.
Soldotna/Kenai councils should meet together several times a year to discuss mutual
concerns.
Glenda Feeken, Re/Max of the Peninsula -- Presented her impressions of the city's
strengths, weaknesses, opportunities and threats.
Assets,,'
Strengths'
Weaknesses'
Oil (support services industry)
Commercial fishing (ileet/commercial)
Economic synergy centers (court house, airport, etc.)
Educational system
Highest income base of the Peninsula
Health care, natural beauty, etc.
Only two industries' There's a need for diversity of income streams;
outsiders have a negative perception, at their first glance; look at who is coming to the
area and for what they're looking.
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 4 of 13
o Housing: People don't want to live in the wilds; the city has aged
housing stocks.
· Zoning: Need to rezone Spur Highway in order for small businesses to
find properties, i e. dental offices, doctors, etc.; there's a need to develop land with
larger lots.
· Interest Rates: There's a different interest rate outside for properties
outside the city limits.
Suggestions'
. Don't try to make Kenai the retail center because Soldotna already has
that niche' focus on other advantages (labor base for industry, support services for
industry.).
· If possible, the city should try to make the interest rates more reasonable
in the city -- there's a need for new construction.
o ' Improve housing stock; there's a need for continuity in home features
and types.
operation).
The houses along Spur Highway would be perfect for small businesses.
Look for small businesses instead of big ones.
Help the canneries as much as possible (water/sewer, year-around
Add value to the community (hiking trails, ballfields, parks, etc.).
Cautions'
o' Airport expansion -- Recognizes the importance of the airport to the city,
but carefully investigate what the impacts would be to the city and its residents if the
opportunity to expand its services arises {people choose Kenai for quality of life
issuest.
· Tourism -- Although it is a great addition to the economy, it shouldn't be
counted as a major provider; it's not a viable economic base for growth and continuity;
the jobs are seasonal and lower paying, etc.
· Stick to the basics -- Kenai is basically an industry and oil town; accept
it for what it is.
· Be flexible and keep an open mind.
Questions & Answers;
What regulations drive the different interest rates in and out of the city limits? The
AHFC regulations which would need to be changed by the Legislature. Soldoma and
Kenai need to help as changing the interest rates could make a big impact.
Do the local realtors assist in finding buyers for city-owned properties? Buying
property from the city is a real pain. Inlet Woods properties are not in the flow of
traffic where people want to be. Most people want to be situated from Main Street
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 5 of 13
Loop toward Soldotna.
going.
Inlet Woods' is on the wrong side of town where people are
What would make Inlet Woods on the right side of town?' It's consumer driven (where
the businesses are situated, utility payments made, etc.).
·
·
·
employees.
Clint Hall, Hall Quality Builders -- Hall gave comments and observations from a
contractor's perspective. He referred to a personal project he is developing for
placement of an .industrial mall for his business operations, mated, als, etc.
(approximately 27,000 square feet). For his project, he first cOnsidered using some
property he already owns, but found it not to fit the need and also investigated some
city-owned properties.
· City and council have to operate like a business -- there are always
obstacles.
· Believes developers, contractors, etc. would be willing to meet in a work
session with council to discuss ingredients to make developing in the city a success. · It's hard to develop land in Kenai: It's risky, sensitive, and more costly
(cost of installation of utilities usually half of the cost of development). City property is costly.
Kenai has wonderful soils on which to build.
City Hall has a good atmosphere and it's easy to work with the
It is easier and cheaper to develop property outside the city.
safer and there are lower interest rates.
It's also
Questions & Answers.:
Have you considered leasing property from the city? No and there was no more time
for that consideration (for this project).
Is cost for development similar from city to city? Kenai's building and water/sewer
permits are affordable.
· Dennis Brandon, Tourism Vice President, Cook Inlet Region, Inc.
Brandon spoke about how tourism provides diversity to communities and how to take
advantage of lifestyles from tourism. He noted the following:
· Tourism is running number one in growth in the state (1.4 million
visitors in 1998).
· Tourism is number two in private sector employment (27,000 employees
in peak season) and 52,000 indirect jobs from tourism industry.
· Because Alaska is considered an overseas destination in the tourism
trade, the constant growth from 1980-1998 took a downturn in 2000 mainly due to
KENAI ECONOMIC .FORUM
FEBRUARY 3,2001
Page 6 of 13
cheaper fares to Europe, as well as the Summer Olympics, high fuel prices, etc. Year
2001 looks fairly good for tourism.
Composition of summer visitors (95-99)' 75% of tourists travel to Alaska
on cruise ships; 25% domestic air; 3% international; 1% highway; and Alaska Marine
Highway at 3%.
. Origins of visitors' 83% from U.S.; 10% Canada (mostly British
Columbia); 6% from overseas.
.. U.S. visitors: California, Washington, Florida, Texas, New YOrk, Oregon,
Illinois, Ohio, Michigan and Colorado.'
55% of Canadian visitors (British Columbia/Yukon); 56% of European
visitors are German-speaking or Great Britain; 31% of overseas are from the Pacific
Region or Asia (fast-growing market).
Profiles of visitors (1980 compared to 1997); slightly younger visitor;
higher household incomes; more likely to be retired' more active; slightly better
educated. Profiles of those thinking of coming to Alaska: younger; more active,
seeking soft adventures; two-income family; equally high income; no children; equally
well educated.
Activities sought: hiking, canoeing, rafting, sea kayaking, bicycle trips,
fishing, wilderness camping, flight-seeing, self-drive trips for the younger visitors and
natural history, visiting museums, national parks and cultures for the older visitors.
· Two types of visitors: Prepaid (cruises, motor coach tours package trips,
etc.) and Independents (backpack, hike, fish, rent an RV).
. With less funding to the state marketing program, Alaska is ranked 29th
in tourism spending. Since then the state marketing program combined with Alaska
Visitors Association and phased replacement of public funds with private funds is the
objective.
. Marketing objectives' Maintain or increase length of stay; increase year-
round employment; attract diverse mixture of visitors; position Alaska as year-round
destination; increase visitor expenditures statewide; increase independent visitation;
increase rate of repeat visitation; increase interest through image advertising; increase
private-sector funding in state tourism marketing program.
In regard to Kenai's future, Brandon suggested the following:
Understand the market and give people a reason to come to Kenai, i.e.
identify the target audiences (independent travelers and German-speaking
Europeans).
· Research to learn what motivates people to come to Kenai (visit family
and friends, fishing, etc.)
. Assess the inventory of lodging, activities, RV parks, etc.) and build on
pride side -- talk about what can be done and move toward it.
o Assess appeal (friendliness, curbside appeal, pride, etc.)
· Tap and focus on the independent travelers (visiting friends and relatives)
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 7 of 13
· Investigate/create niche markets -- identify the target (German-speaking
Europeans), RV market (caravans), residents, visiting friends and relatives.
Brandon noted niche markets, events and opportunities created by other towns-
Ashland, OR-- Shakespeare Festival
Leavenworth, WA-- Bavaria of Washington
· Sitka, AK-- Summer Music Festival
· Kodiak, AK -- Cry of the Wild Ram
He offered ideas:
· Kenai Peninsula Fair
· A summer jazz festival
· Interact cultural fair or play
· An air show
· An RV round-up
· Develop a dot-to-dot tour (Visitors Center, Challenger Center, Volcano
Center, Sea-Life Center, etc.)
· Exploit the Challenger Learning Center (more advantages could be taken)
· Fish the Kenai and beyond
· Summer groups, meetings and conventions
Other suggestions:
· Have a plan.
· Think outside the box and give a reason for visitors to come to Kenai.
· Investigate unity (with surrounding communities) --"It's better to have a
piece of a big pie than nothing."
Questions;
What's the forecast if state funding for tourism is cut? Private sector funding will
probably take about four years before it is more private than public funding. The
privatization effort will probably be supported.
What amenities do tourists want in comparison to business trips? More activities, i.e.
vacation/soft adventures (developed trails, up-scale rustic feeling).
Is CIRI considering expanding their facilities on the Kenai Peninsula? They are in the
process of completing a 36-room addition to the Seward Lodge. They are continuing to
evaluate the markets and itineraries.
Kathy Tarr, Executive Director, Kenai Convention/h Visitors Bureau, Inc.
Tarr explained she and her Board reviewed concerns, comments and perceptions they
received from travelers and travel writers, i.e. what is the city doing fight? Where are
KIgNAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 8 of 13
we falling short? How is Kenai perceived? She reviewed comments made by travel
press and how the comments changed after the KCVB corrected the information.
When working on points to make at the Forum, their Board of Directors listed the
following:
There's an image problem -- no reason to come to Kenai and stay
·
overnight.
There's no focal point; no city center to cluster businesses
· (Heard from travel writers) Hotels rooms, restaurants, service, etc., are
substandard; there are too many smoking rooms; the area is considered rural.
· As a city, Kenai has done very little to recognize cultural, artistic, natural
viewing sites, it's the oldest city on the Peninsula, etc.
· Culturally, there's an arts and culture movement in the area, however
buildings have no art shown: with no performing arts center, there are no evening
events available and which gives no'reason for people to stay overnight.
· Kenm lacks meeting space.
· The Visitors Center is the "showpiece" for Kenai, yet there is no long-term
cultural plan for the KCVB and no funds from the city to build on the current
collection.
· It's not generally known the city owns the Visitors Center building
· The City's newsletter makes no mention of the Visitors Center and there
is no link on the city's web site to the KCVB.
Tarr offered some ideas:
· Recognize the Visitors Center as an economic asset of the city and look at
it as a way to serve the community more.
· Support and encourage more public art in public places.
· With recent major art shows being very successful, encourage the
development of the arts and culture as a part of the economic and comprehensive
planning -- art as a niche for Kenm.
· Show stronger support for events, i.e. the Kenai River Festival.
· There is no source of funding but pull tabs and bingo for the KCVB -- re-
examine/examine a borough-wide bed tax or one between Kenai/Soldoma. Their
yearly budget for advertising is only $20,000-$25,000.
· Improve signage --"Kenai Historical Loop"
· Build a viewing platform at Marathon Road ,
· Kenai is developing a reputation as an education provider -- build on
Kenai as a niche for space science and arts.
· Improve displays at the Kenai Airport
· Update the Kenai brochure
Upgrade condition of trails in the city and continue the city beautification
program.
Investigate the zoning and get away from the strip mall effect.
Position Kenai as a gateway to the west side of the Cook Inlet.
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 9 of 13
Strengthen the relationship between the city and the Native community.
Encourage Kenai/Soldotna unity.
In closing, Tarr emphasized the following:
· The mutual goal should be to bring people in to Kenai, not through
Kenai.
· A lure to bring people is needed and suggested concentration on the
city's long history.
· The critical time for Kenai is now.
· Do we want to be non-descript and continue to overlook the city's assets
(arts. culture, history, education) or do we want to build on them?
· Should the government be involved? Yes.
James V. Zirul, DO, Medial Service Provider
Zirul gave background information regarding the medical community in the area and
the growth of the hospital in the last ten years. He noted that the hospital is operated
by a volunteer board from the community with full interest in providing medical
services to the community and is a large reason why the medical community has
flourished. The hospital is very desirable because it is one of the few rural hospitals in
the United States running in the black. The more the city and Veterans Association,
etc. work to support the hospital, the better the hospital will be for the community.
He also noted more primary care physicians are needed in the area, but community
support is needed to bring them to the community. The physicians want to come, but
the area doesn't look as inviting to the spouses.
Zirul stated he believed the area of the Senior Center is the city's central district and
the best view in the city is at the Kenai Senior Center. He emphasized the most
important project of the city's is the coastal trail project.
Marty Richman, Central Peninsula General Hospital
Richman gave an overview of services offered in Kenai, etc.'
· 370 people a month are being helped at the Willow Street facility
· Land was made available on Barnacle Way for the new hospital/public
health nurse clinic which will also house an imaging center.
· Input to programs comes through involvement of Kenai residents in
leadership positions at the hospital; leadership of the City of Kenai; making the
hospital feel welcome (providing land, etc.); future physician needs assessment.
· Services in Kenai will take pressure off the hospital and will attract more
medical care in the area.
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Pa§e 10 of 13
Suggestions of how to attract more medical personnel to the area?
· No one ingredient in bringing medical health care professionals
· Find out everything you can about a potential candidate.
, Infrastructure of leaders (teachers, government leaders, etc.) -- potential
candidates need to know the community cares about them as individuals.
· Need to have families of different ages and backgrounds.
· The hospital has to provide leadership to discuss financial viability.
, Include a website link to hospital
· Thev think the city will be a very vital part their strategic plan and he
believes the Barnacle Way facility will be very successful. They also believe they will
come back to the city for more land.
Mike Bell, Veterans Administration
Bell informed the audience the Veterans Administration was developing a community-
based out-patient clinic that will house a primary care physician and connection to
other caregivers if necessary. Having the outpatient clinic in the area. will change the
access the area Veterans have to health care. He noted, they were given official
approval to develop a facility on the Kenai Peninsula and an advertisement for space
was currently being published. He added, they were looking for 5,500 square feet for
the clinic.
Bond Stewart, National Bank of Alaska/Wells Fargo, Vice-President and Branch
Manager.
Stewart reviewed the recent purchase of the National Bank of Alaska {NBA) to Wells
Far§o and discussed the transitions already completed; merchant servicin§;
availability of business credit cards; investments; contacts with businesses; loans
available, etc.
In re§ard to what the City of Kenai offers Wells Far§o, Stewart noted the followin§:
. Business-friendly environment
· Real estate/reasonable property values
· Airport / transportation system
· Educational system
· Diverse economy (oil, fishing, tourism, government, retail)
· Low tax structure
Stewart suggested,
· If a business is doing business in Kenai, they have access to Kenai's
assets
, "Opportunity knocks" for creative business plans
o Developing a niche sets you apart
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 11 of 13
An adaptable or diverse business has a better chance of survival
Stewart noted hindrances as
· Cyclical economy
· Population size
· 'Lack of a designated business center
· Kenai is a specific destination
How to improve the financing climate, Stewart noted the following:
· Anything the community can do to improve the quality of life
· Enhance consumer/business confidence for investment in the
community
To encourage growth in Kenai, Bond suggested · Encourage buying local
· Develop our employment base
· Get behind investment in infrastructure
Bond also stated he believed Kenai had a very positive future as every time the
infrastructure is enhanced, it makes it easier for business to thrive (Challenger
Learning Center, Fire Training Facility, Multipurpose Facility, Youth Detention Center;
and oil and gas development.
Duane Bannock for Bob Favretto, Kenai Chrysler Center
Bannock noted the following comments were offered by Favretto: · He feels the community's best asset is its residents
· It is possible to generate positive growth and keep the small town feeling
· Volunteering/community involvement should be encouraged -- ask
whether we are utilizing the best good will and cooperation
· The city has been very successful which is indicated by its debt load,
fund balance, superb employees
The city code should be adjusted in relation to what's going on to better
provide services
· Promote Kenai like a marketing manager and sales person
· Market and network to improve the betterment of the city and encourage
employees to do the same.
Cherie Brewer, Vice-President, Kenai Chamber of Commerce
Reported she spoke to a number of people in the community and requested their
comments. She offered the following as suggestions and perceptions received:
· Define rolls in the community
Plan the future
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 12 of 13
· Remember perception is reality
· City of Kenai is not business friendly
· Unless the city develops it and it's not their idea, it's not their interest
· Inconsistent, especially with planning and zoning (Kenai Golf Course
properties/not same level of homes built)
· In improving quality of life, take care of new development and old
subdivision (a kennel in her back yard was renewed without discussing it with her or
neighbors)
· The city doesn't know how to think outside its city limits.
Brewer offered the following as solutions: · Don't squash ideas
· Kenai Chamber wants to partner with the city to mend it; building
industry; changing of the guard: unity. Break the thought of "it's always been done
this way" idea. Work with Soldotna, don't compete. Work with Chamber members.
The future of Kenai is here if we make it happen.
· 'Give a reason for young people to stay or come back after going to
college, etc.
Have compassion for small businesses in the community.
Make Kenai a place xvhere people want to live and remember their votes
count and are valued.
Council comments and questions:
Mayor Williams noted the following'
· The city has disposed of a lot of land and gave a lot away. Some large
pieces of land was sold and then the new owner did not develop it for many years.
This is a problem the council will be avoiding in the future by requiring a lease of
property on a two-year option. If the property is not developed within the two years,
the lease is ended.
· The city had a bed tax which collected $100,000 a year. Those funds
went directly to the KCVB. However, the council received a lot of pressure from the
hotel/motel community and the tax was sunsetted. He suggested council revisit the
bed tax.
· The city put $60 million in projects over the last ten years in the city. If
the city had not done it, the projects wouldn't be in Kenai. He noted there are $24 to
$26 m}llion in future projects for Kenai (fire station warm storage, public health clinic,
Phase II to the Challenger Center, bike path/trail that will connect to Kalifomsky
Beach, etc.' the Youth Detention Center, etc. The council has also offered a lot of
input in regard to the proposed jail (hopefully there will be public hearings to receive
additional information); the GTL plant, .etc. Williams added, the city government has
been responsive to and worked hard to do and without a great deal of taxpayer money.
KENAI ECONOMIC FORUM
FEBRUARY 3,2001
Page 13 of 13
Councilwoman Porter-- A question to Doug Jung (Carts): Any idea how much of
resident money goes to shopping in Soldotna? Jung answered he was aware the Kenai
store was doing better than the Soldotna one, but the specifics were not available to
the public.
Councilman Bannock -- Thanked everyone for attending and participating. He
suggested not to let the momentum stop here and asked the participants to stay
involved.
Councilman Moore -- Invited the participants to be involved in commissions and
committees, as they are a good place to start getting involved.
Councilman Frazer -- Invited participants to attend council meetings. He added, the
council hoped to take all the information offered and make the best use of it.
Councilman Bookey -- Thanked everyone for attending. He noted, it is disheartening
when council holds a public hearing for an $8 million budget and no one attends the
meeting. He suggested the dialog keep going.
Councilwoman Swarner -- Thanked everyone for attending and offering both positive
and negative comments as that was what the council wanted to hear. She noted,
some of the comments/suggestions could be implemented quickly and at no cost.
Swarner suggested citizens contact the council members about links and suggested a
task force be established to continue the information gathered. Swarner stated she
wanted to continue the dialog.
Mayor Williams -- Suggested holding a town hall meeting next year or summer.
Notes transcribed and prepared by:
Carol L. Freas, City Clerk
KENAI CITY ASSETS
RAISED BY SPEAKERS, AUDIENCE~ COUNCIL MEMBERS~ MAYOR OR CITY
STAFF
KENAI ECONOMIC OUTLOOK FORUM
FEBRUARY 3~ 2001
EDD List of Comments
City good to work with as far as obtaining permits.
Alaska Christian College
Old buildings available for makeover
Tourists returning to make Kenai home
Retirees making Kenai home
Lower cost of business properties
Possible grant to fund bldg. For housing School District offices
Off
Commercial fishing/canneries
High income
Challenger
Firefighter training center
Natural beauty
Boys and girls club
Industry?
City beautification
Parks
Greenbelt
Airport
Tourism
Flexibility
Open mind
Zoning?
Challenge for developers
Good soil to build on
Professional inspectors
City hail good to work with
Perception of Kenai
Beach
KCVB / programs
· Exploring sites
KCVB/cultural and educational programs
KCVB / Art show
KCVB / cultural events
Walking Tour
Local artistic talent
KCVB
Volunteer hospital board
Growing hospital
Hospital in the black
Room for expansion of services
Good infrastructure
People making time to meet and greet newcomers
View from Kenai Bluff
# 1 river project/coastal trail
View of canneries and mouth of river
View of Mt Range
Resident's involvement
Community spirit
Lack of debt
Network and marketing
Unity between Kenai and Soldotna
Break the "It's always been done this way" attitude
Kenai is a good place to promote:
Encourage public art in public places
Arts and Culture
Stronger support for events
Re-examination of bed tax
Summertime street fairs/artists in old town Kenai
Improved signage
Viewing platform on marathon
Build on science and education
Improve displays at airport
Another print copy for advertising
Trails
Gateway to the west side
Strengthen relationship with native community
UNITY
Bring people to Kenai not through Kenai
Jazz Festival
Cultural Play/or Musical
Air Show
RV Round up
Dot-to-dot tour (Challenger center)
Theme? Fish the Kenai and beyond
Marketing toward Europeans, specifically Germans
Issues that hold Kenai Back
More joint ventures with native group
Where are the men's wear stores?
Where are the women's wear stores?
Where are the sporting goods stores?
Where are the car dealerships?
Where are the restaurants with a view?
Hard to get started in Kenai
Hard to do business with Kenai
City needs their own EDD
City needs a welcoming committee
Old subdivisions
No place to shop
Old Apts.
Living in the past
Hard to start a business
They and us attitude
Off the beaten track
Development on K-beach road
Airport and tourism not major provider
Only 2 industries
First impressions
Right and wrong side of town
Lots of lots at low prices
Size of property not able to handle future growth
Easier to develop outside of city
Nothing but fishing-to entice tourism
No mention of Kenai Cities in travel guides and articles
Image problem
No reason to overnight
Hotels substandard
No focal point (city center, downtown)
Lack of recognition of view, history and culture
No ability to attract evening events
Lacks meeting space
No long-term plan for KVCC
Museum collection stagnant
No money from city for growth
KVCC link to the City of Kenai
Awareness of the city owning KVCC
Non descript / No identity
Reason for people nOt locating in community
Spouse
Fishing
No city center
Future of technology
Will hospital be here and or keep up with technology
Link hospital to city website
Does city aSk for help from community?
What can I do to make things better?
Review changing policies with businesses
Kenai promoter
Not business friendly
Only city projects and ideas are developed
Zoning
Does not think outside the city limits
Project status Report
A=Active- -
NC=Non-Construction
F=Future
STIP=State Trans. Imp.
KK - Keith Kornetis
JL- Jack La Shot
RS - Robert Spdnger
MK - Marilyn Kebschull
Jet- Jan Taylor
A/NC/F/ CityContmt ProJeetName Status
A KK 1999 Water System Zubeck, Inc.'s work is complete. IISCO is working
Improvements (WH 1 & 2 & PH) on controls. Final as-buiits have been sent to
DEC. Working on project close out items.
A MK Comprehensive Plan
,
$60,000 appropriated in Capital Project Fund. RFP
approved by Council. Proposals due April 9 at 10
a.m.
A JL
Contaminated Soils- Shop
Report submitted to DEC.
A KK
Cook/Mission/Upland
Intersection & Erik Hansen
Scout Park Parking
Design engineering being done. Received
preliminary design. Next step is to review with
adjacent property owners.
JL
Daubenspeck Environmental
Site Assessment
Final report has been received.
KK
A JL
Gill Street Water Main Crossing
Spur
Kenai AP ARFF/SRE Facility
Nelson doing design.
Building bids opened 3/9/01. G&S Construction is
apparent Iow bidder. FAA grant being prepared by
AP Manager and Finance Director.
A JL
A KK
Kenai AP ARFF/SRE Facility
Site Work
Kenai Coastal Trail
Site work is complete except for seeding.
Design Concept Reports are complete...City is
seeking funding. PND working on
environmental/permit process.
A JL
Maintenance Shop
Preliminary plans and specifications complete.
Yuesday, March 13, 2001 Page I of 3
A/NC/F/ City Contact
A KK
Project Name
Mission Avenue Sewer Line
Relocation
Jackson Construction has completed 94% of their
work. IISCO is working on lift station control panel.
A JL
Multi-Purpose Facility
Preparing Scope of Work for 3/21/01 Council
Meeting.
A JL
New Kenai Health Center
Building construction going well. Completion in
early summer.
A KK
STP Expansion/Planning Sewer Have received DEC Grant... Start late this winter.
Flow/GIS Sewer Lines
A MK
Title 14 Review
Public hearing on sign code at Council on 2/21.
a KK
Title 17 Review and W & S
Regulations
Working with Larry...including utility service
guarantee. Completed revisions to W & S
regulations. May include a rate study.
A JL
Underground Storage Tank-
Airport
ADEC has responded to report and is requiring
additional work.
A KK
WH 4
Received Coble's report on test wells. Abandoned
Lawton/Swires site...Studying different
alternatives. Coble is doing an area ground water
study.
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. WCB working on
project...Anqther public meeting is set for 3/27/01
at 1:30 in Kenai Chambers.
STIP KK
DOT- Forest Drive/Redoubt
Foster Construction is shut down for the season
and DOT has taken over maintenance. Redoubt
mostly paved. Underground work complete.
Tuesday, March 13, 2001 Page 2 of 3
A/ac / City
STIP KK
Project Nanm
DOT- Spur 10.6 - 22.0
~S
DOT opened bids on 9/6/00. DOT agreed to
almost all of City's recommendations...Alaska
Roadbuiiders was Iow bidder at $3,464,240 with
five bidders. Start construction 2001.
STIP KK
DOT- Unity Trail Pathway
Pedestrian/bike pathway along Kenai Spur from
MP 2.8 to 8.2. Anticipate advertising in Februanj
2001. DOT is looking at installing culvert for path
to cross Beaver Creek. DOT is considering adding
steel casing across Beaver Creek near ROW for
futura water main.
Tuesday, Marcl~ 13, 2001 Page 3 of 3
OFFICIAL BUSINESS
February 23,2001
ALASKA STATE LEGISLATURE
REPRESENTATIVE DREW SCALZI
State Capitol, Juneau
Alaska 99801-1182
(907) 465-2689; (800) 665-2689
Fax: (907) 465-3472
Email: Represenmtiveprew_Scalzi@legis.smte.ak.us
-. 5/
~' .
'~_ C,'F: ; "
.F.~, .,...
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, AK 9961-7794
Attn' City Councilmembers and Administration
Dear Folks:
Thanks so much for the ivy plant. It's is a welcome addition to all the books, files,
reports, etc. that are slowly filling my new office.
I hope that each of you has an opportunity to visit Juneau and that you'll stop by for a
visit.
Sincerely,
Representative Drew Scalzi/
RP:lm
,KENAI RIVER
Special Management Area
"Working together...for the river"
I. C TO ORDER
*** Meeting Agenda***
Thursday, March 15,2001
7'00 p.m.
Kenai River Center
['~.~ RECEt
i~."! I~ I 2 2001
..,.. :._! :;";' ,, .......
~..'-_:',_c:?,! CI,TY CLERK,'
L__
II.
A. Roll Call
B. Approval of 1/18/01 minutes
C. Agenda Changes and Approval
PUBLIC COMMENT
III. NEW BUSINESS
IV.
A. Evaluation of the Effectiveness of Light Penetrating WalkwaYs, Mary
Price, USFWS (EPA funded grant)
B. Volunteer Water Quality Monitoring Project, Robert Ruffner, Kenai
Watershed Forum
C. Morgan Evans, Glacial Kings, a video project funded by the EPA grant
OLD BUSINESS
A. Update- River Terrace Laundromat Contamination and Cleanup, Rich
Sundet, ADEC
B. Ground Water Interaction Study, Mike Lilly- progress report
C. "Kenai River Appreciation Day", Bill Berkhahn
D. Recreation Impact Study- Stares Report, Chris Degemes
E. Boat Wake Study Update on Report Stares- Lance Trasky, ADF&G
F. General Updates- Commercial Operators, Pending Permits, Suzanne
Fisler
V. 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, Soidotna, AK 99669, Soidotna 262-4441
Alaska Division of Parks and Outdoor Recreation', Department of Natural Resources, in cooperation with the Kenal Peninsula Borough.
March 20{ ,.~/ /
Volume 14 /.:'
Visit us at: www. SoldotnaChamber. com
Emaii us at: info(~SoldotnaChamber, com
Newsletter Inserts
...... ... March 26
liSt. Party's Day Event Dinner,
l/Firew°rks' Auction and lots
Inside
This Issue
February New Members ...... 2
Web Page Gets Award .........2
Students ofthe Month ......... 2
Membership Update ...........3
New Mission Statement .......3
/FRFF Lunches .................... 3
Small Business Conference.. 3
Sha in $oldotna's F t
u ure
P g
The Kenai Peninsula Economic Development District, the
Soldotna City Council and the Soldotna Chamber of Commerce
invite you to participate at the upcoming Soidotna Economic
Forum. Join business and community leaders the evenings of
March 5' and March 7 from 5'30 pm until 9 pm at the Soldotna
Sports Center as the City of Soldotna works to enhance its
economic future. The public is welcome and encouraged to
attend. There is NO charge for attending the Soldotna
Economic Forum. Guest speakers will include local business
and community leaders. For more detailed information, please
call Linda Story at the EDD office 262-3335. Remember
Soldotna belongs to,YOU!
Summer is upon US...that means potential visitors
~are already calling, e-mailing and telling friends and family to stop bY the
Visitor Center and pick up some rack cards/brochures to send to them.
Klm Mariman, Visitor Services Manager, reports that out of 273 rack card/
brochure bins, 239 of those bins are EMPTY!!
·
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·
·
·
·
·
·
·
·
·
·
·
·
·
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If you think your card supply is getting Iow or just not sure, please call Klm at 262-9814 and
find out what your supply is looking like. Some of you are probably in the process of gettting
new rack cards/brochures printed at this time, but make sure that you get an 8" stack into the
Soldotna Visitor Center ASAP. 10th Annual St. Patrick's
Day Celebration
· · · · · · · · · · · · · · · · · · · · · · · ee 1:00 pm
Will the following $oldotna Chamber ·
Members please stop by the chamber ' Parade and 5K Run
· Line-up at Bailers Furniture Parking Lot (12:30 pm)
office and pick up your membership · 5:30 pm
plaque' Dale Bagley
Wells Fargo Financial
Alaska Redoubt Lodge
Trading Post
Steadman Enterprises LI C
Horace Mann Insurance
Shandy & Sons Charters
A T& TAiascom
Medody Douglas
Lucky Peirre Chatters
· Soldotna Sports Center: Family Style
· Irish Dinner, Live Entertainment, Auction
. and No-Host Bar
· Adults-S10
' Kids under 12-$5
· Sell out last year!!
· (Only 250 tickets ava#able at the
· So/dotna Chamber of Commerce Office)
· 9:30 pm
· GRAND Display of Fireworks
BY: Fire Art by Griz
Sponsored in part by:
National Bank of Alaska
· Phillips Petroleum
A special thanks to ail our members...We_~.can't do ~t without you!
AAA Travel '" Lower Cook Inlet Charters Jerry Vitale
Connie Rhoads & Accommodations PO Box 1510, Kenai
44758 Sterling Hwy CfC, Soldotna Daniel Martin 283-6428
260-3040 PO Box 1086, Kasilof Car Rentals
Travel Agencies 262-4277
Fishing Charters w/Accommodations National Children's Vision
Foundation
Austin Industrial Shannon Kohler
Randall Dozhier PO Box 1029, Soldotna
PO Box 7518, Nikiski 262-2900
776-5231 Social Services
Construction/Oilfieid Services
Praxis Mechanical
Clam Gulch Storage & Repair Services Tom Williams Bill & Sons Office Equipment
Virgil Robbins PO Box 488, Sterling Bill Williams
PO Box 377, Clam Gulch 262-0696 PO Box 1029, Sterling
Plumbing & Heating Contractors 262-6597
Office Equipment
..; SoldotnaChamber-c°m
/ ' ts of the Month "" '" ceives award
ar Studen , re · to
Febru Y ~t, Massey, ~ Commerce ,s proud
. 'students of th_e.m, onth were Ben ~, The Soldotna Chamber of
The Janua..W._~_ °,-~'ooi sotaotna High School
Skyview Id~gn o~,- ,
~ ~ ~ TS ?,~N .... ' '~"-ir web nage has been chosen as
Histand and Heather Sinclair, Soldotna Middle
School. The Soldotna Chamber of Commerce feels
~i-C.-.'.;.':~'~ ...... ,.,~,,,, ~ tt'l~ !~ O/t=~,, ...... _ _
i'onai oung people deserve a special rec- -.-.-.
i theseexcep_.t Y ---o-, 'mO1 these fine youn. g ~ A~~HIC i, - -,--- -:,-hts,,art's StudyWeb res.ear.cner, s.
i stgudents were presented with a certificate and a lunc · '::::~.;~: ~!~i.. i.:~: ,; ..-.:.,:i ::.' educationa
' We would like to thank Bob Sizemore for sponsonng ~~~4~ .,,~" Since 1996 their expert reviewers have scoured the
the Soldotna Chamber Student of the Month Program. / .-: ," lerner to select only the finest sites to be included in
~" ~ .... . .~.,."' In ........ al links Each site in StudyW. eb
· ' ' tin ot e(]ucauuu ·
· StudyWeb s I~s. g. ...... ,~.~,,,, ~ ditorial and visual merits.
· includes a detailed review (]e~u,u,,~ ,,s e
Alaskans To Hold Silver
Anniversary Convention : Lightspan, inc. provides curriculum-based,, educational software and
In Las Vagas
The Alaskans will celebrate their 25th Annual ~ lnternet products and services used in schools and at home.
Convention a the famous Golden Nugget Hotel in Las · Lightspan's technology, delivery system and content help increase
Vegas, NV from March 25 to March 30, 2001. it has ~ a student's interest in learning, parent's involvement in their children's
expectations of being a great one with many surprises. · education and productive interaction among teachers, parents and
We expectmany present andformerAlaskanst° par-~ students. For more information on this company visit http://
ticipate in many activities planned. The Alaskans, a so- * www.studyweb.com
of Aias-~...... · · · ' '"" '"" ~_" ' ·~'"'''""'''"""'*""'
ciai club was formed in 1958 by a small group other. It's 200~ Nlille~niam Calendars are Oll sale ,,,Over
karts interested in keeping in touch with each members II rizes to 9o in 365'
the largest club of Alaskans in the US with $~t0~600 in prizes.. 365 p
from Mexico to Barrow and other parts of the world. It
has grown to 3,500 members who are interested in the ~a~$.. ONLY S J 5 each
betterment of Alaska. The club continues to fund schol- '
arships to Alaskan born students through the U of A.
The club also donates to the Pioneer Homes and various Peninsula Job Fair to be Saturda¥~ March 3J,
educational missions throughout the Great State of 21010~ from 9 am to 3 pm at the Soldotna
Alaska. School. Call 283-2901 for more information!
For more information call 805-964-2005. 2
x,
Our Educational Accomplishments:
Kenai Watershed Forum's Role
in Education:
From inception KWF has highlighed education and
'outreach as our largest, most important pro-
gram. We focused on the question: "How do
we keep the Kenai River Watershed healthy
and strong?" and came up with the answer:
":~itt/"state
"Teach our children how to take care of it".
We invite you to join in this partnership, and take a
hands on role in creating a healthy social,
economic and ecological future for the Kenai
River Watershed.
What's in it for your Business:
* Public recognition in newsletters, schools, letters to
the editor and other advertising opportunities.
* Providing avenues for our children to learn practi-
ai~t scientifid water auahty momtonng"eqmp-
rhenf' f0~' Use 'iff 'the 'classroom.'; "'.;-' :L-:.
:'.'-'Lead dozeEs of field trips tor area scnoois.
dtVerin~ ~eolo~r and_Watershect
-.Conducted a summer program ot ten .out_-_';':->
do°r fi~ld events~rang~, g from plant
cat-ion to nativeherta
'_"C0-V¥Oduced"wi~th The Nature C_o. nservan.~cM:_~;
- ', ,' ;. ~,.-i.-- :.~:..' " :..-':'-. ~ ...... ',: .:~ ..... , · · ""~ *' .. '
L~wn~ and Plamnyz ~n the Kenm Watersnea,::,:;
one of tb...~e mgs.t.,us .e,,ct' puvncauons 'for. the Kenm. contest.
;ted m development of K-12
currxcula?::
cai skills in and respect for the environment
Improvement to the quality of life in the communi-
.~ Ass
ties where your employees and customers live, -:; ......
educahonal
work and play.
Tax write-off potentials (we are a non-profit Pr0Vid g ¢ o~
501(c)(3) organization).
*Personal Satisfaction and Community Service
Our Key Players:
BOARD Charles Quarre', Dr. David Wartinbee, Lisa Parker, Ken
Marlow, Mona Painter, Ben lackinsky
ADVISORY BOARD_ Catherine Cassidy, Peggy Mullen, Sanne
Berrig, Dan Chay, Suzanne Little, Mike Sweeney, Dick Troeger,
Warren Hoflich, and Wil losey.
STAFF Robert Ruffner, Kelly Shea, Ole Andersson, and Micah
lohnson.
;river. es.us
YES: I want to be a parmer in the Kenai Watershed Forum's Sponsor-A-School Program, and help area teachers and
students learn more about our Kenai River Watershed. Please accept my sponsorship in the amount of:
$ 250 - School Benefactor .... $ 500- School Leader__ Other / My Check is enclosed for $.
Business
Contact ,Address
Phone ( ) FAX( ..)
City _ _State ...... Zip ...
Email Web Page
The Kenai Watershed Forum is a member-supported non-profit 5'~1(c)(3) tax-exempt institution (Tax ID #91-1829284). All the donations are tax-
deductible to the extent of the law.
-
,.~ Kenai Watershed Forum -
,,, ' ..~.~..:~..-
' -P.O. Box 2937, Soldotna, Alaska 99669, (907) 260-5449 (ph), (907) 260-5412 (fax) www. kenaiwatershed.org
SPONSOR-A-SCHOOL
PROGRAM
oUr staff t6 lead field
-- ~..~x.---' ', ,' 7 "-
tream eco,
Who we are and
how we are
different ...
The Kenai Watershed Forum,
founded in 1997, grew out of
the reponse of local citizens to
proactively address concerns
about the natural resources of
the Kenai Peninsula in Alaska..
Like many areas with a
growing population &
increasing visitation, local
scientists warn that we are
beginning to stress the
resources of the Kenai River
"Living in the Kenai River Watershed" Mural
Watershed.
Our organization, run by a volunteer board of directors with diverse interests that keep the board reflective of the general
population of the region, is unique in that we are the only citizens' group without a special interest other than the health of
the entire Kenai River Watershed system.
We believe everyone wants the fiver to remain healthy, but we know the solutions to this are very complex. We rarely take
stands on political issues as an organization, however, we always encourage learning and sharing with the general public
so that together we can make the best choices for our future.
· e
· Soidotna Chamber's
Soldotna Chamber .
· NEW Mission Statement
Has 611 Current Members 7-oprovide enhanced success of our membership
~ '~a Wiiliamson, Member oftheSodotna RecreationGuide.
· and serve as a driver in developing Soldotna's future.
.vices Manager reportsthatour A total of 140 members take
membership number is constantly advantage of our Web Links/or
changing as members are added Narrations and 32 members take
and dropped but for the past couple advantage of our Subscription
o Positive Transitions
of months has stayed between 600 Service. Both of these services
and 615 mem0ers. Seventy are provided at an additional . The transitional Living Centerwiil begin a newseries
' of educational groups called "Positive Transitions"
percent of our Membership is charge.
dependent on businesses that · for woman at 7 P.M. on Tues, day nights beginning
· March 6, 2001. The focus of 'Positive Transitions"
provide visitor services. Over half The Chamber currently has five
of these are accommodations or Honorary Memberships to * will be an examination of how women can make
· positive changes in their lives leading realistic goal
fishing related businesses individuals as follows: George & ~ to
· setting and accomplishments. For more
Shirley Denison, Vera Howarth,
· The Chamber signed on 122 new Althea Peck, Dolly Farnsworth,
. businesses in the calendar year and Norm Blakeley
· 2000. That is an average of 10
, businesses a month, or two each One of our goals for 2001 is to
· week. For the first two months of increase the number of
· 2001 we have signed up 15 businesses from the professional
, businesses, sector. Currently, we have449
· members that have emaii
· Every member gets a place for a addresses and everyday there are
· rack card in the Visitor Center or a more obtaining web addresses.
· business card in the hallway rack, The Chamber's web page provides
·
, e listing on the chamber's web them with access to potential
~.:.,~.~,age and a free listing in the back visitors from all over the world.
· information, please call the Transitional Living
· Center at 283-2069.
iWho Said Theres No
iFREE Lunch?
·Get a NEW Member to join the Soidotna Chamber of
·Commerc and we will buy you and the NEW a
·Tuesday Luncheon Lunch.
~For more information call 262-9814
Premier Alaska Tours, I nc Brings Hundreds to Soidotna!
Stefanie Gorder, Vice President, Sales & Marketing of Premier Alasska Tours promotes Soidotna and surrounding areas of the
Peninsula. "We have seven confirmed tours coming to Soidotna in 2001 ancl more in the future," Gorder tells Visitor Services
Manager, Klm Mariman. Tour busses will be arriving at the VIC for a "Dock Walk" with Andrew Carmichael, Parks and Recreation
Director, a "Walk into the Past" with the Historical Society Museum. Premier Alaska Tours, Inc. is working with several BIG name
tour companies, World Wide Country Tours and Incredible Journeys, just to name a couple.
So let's plant flowers, sweep sidewalks and make Soldotna the place to be!!
ALLIANCE NORTH 2001 HOSTED BY SENATOR TED STEVENS
There will be a series of workshops and events designed to help small business owners become competitive in securing
federal, state and local government contracts. May 17-18, 2001 at the Eagan Convention Center. For more details, call Laurie at
258-5080.
Federal, state, and local government representatives available to explain the "secrets" of marketing to their agencies.
Prime contractor representatives answer your questions on subcontract and "teaming" opportunities on large federal
projects.
Projects schedules of 2001, contact names and phone numbers for public agencies statewide, and vendor appliCations
available for immediate completion.
National representatives from federal agencies to provide insight into where government programs are going and how to
keep ahead in the rapidly changing arena of government contracting.
Cybergarden: in a hands-on workshop, attendees will have the opportunity to learn how to register on-line for federal and
state procurements and to search agency web sites for bid opportunities. Hosted by the Bremerton Electronic Commerce
Resource Center.
Networking opportunities for small, disadvantaged and woman-owned businesses.
March Chamber Lunch_eon Calendar
Tuesday Noon, Riverside House
March 6
March 13
March 20
March 27
Ann Campbell, Alaska Tourism Industry Association
RobinWest, Economic Impacts of'the Kenai NationalW'ddllfe Refuge
Jenniffer Bect~mann & Christin Lambert, CJL~T.S.
Debra Holle, Red Cross & Project Impact
$olclotna Chamb,r of C. omm&rc,
44'/qo $t,rlin9 ~,{.
City of Kenai
Mayor John Williams
210 Fidaigo Ave.
Kenai, AK 99611
AS
Soidotna Chamber of Commerce 2001 Board of Directors and Staff
President
Past President
President Elect
Vice President
Secretary/Treasurer
Mike Frost 1st National Bank of Anchorage 260-6023
Dan Mortenson Four D Carpet One 262-9181
Lisa Wimmer NalJonal Bank of Alaska 262-4435
8ammie Cole 8outhCentral Title 2624494
Dena Cunningham McDonaids 262-2221
Tom/Coval K~AVE/KPEN/KGTL Radio 283-'/423
Paul Gray Exploring Alaska w/Paul Gray 262-9008
Botty Obendon~ Individual 262-9890
Tim Pope Natron Air 262-8440
Mike Sweeney Sweeney's Clothing 262-5916
Barbara Elson First Amedcan Title of Alaska 262-5708
Jocelyn Coghiil Peninsula Clarion 283-7551
Kurt Olson 'tim Berg's Alaskan Fishing Adventures 800-548-3474
Executive Director
Visitor Services
Member Services
Rippie Chamber Manager
Chamber Bookkeeper
Justine Polzin Soldotna Chamber of Commerce 262-98,
Klm Madman Soldotna Visitor Center 262-1337
Edca Wiiliamson Soldotna Chamber Fax 262-3566
Rebecca Hanson Ripple Chamber 260-6100
Linda Anderson
=§ <
"'g
March 12, 2001
CITY OF KENA!
210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014 ~
Mr. Tom Livingston
Livingston/Slone
3900 Arctic Boulevard, Suite 301
Anchorage, AK 99503-5790
Dear Mr. Livingston'
Subject: Water and Sewer to Wildwood
Last November you called me concerning City of Kenai's water and sewer service to
Wildwood. Your firm was part of a group submitting a proposal for a new or enlarged
prison at Wildwood.
As I explained then, and again today, the City of Kenai is very concerned about
continuing to provide water and sewer to Wildwood if there are additional users added
to the systems. The City's wastewater treatment plant is normally operating at about
70 percent capacity. For short periods during spring breakup, we have run at over two
times our design capacity. Our water system is presently having capacity problems. All
of the City wells are on the east end of town. Wildwood is outside the western boundary
of the City limits. Recent dry summer months have caused water quantity problems.
Attached is Kenai Resolution No. 2001-2, which lists Well House No. 4 as the City's
No. 1 priority at $1,400,000. Also attached is the project's description. The City has
around 1,600 water and sewer services. Adding 600-1,000 additional ~. users would
create a severe problem to our water distribution, sewer collection, and wastewater
treatment systems. Our present systems could not handle the increase.
If a new prison that relied on municipal water were built in this area, the developer
would be required to submit a complete and accurate plan on how municipal water and
sewer services would handle the additional users. This may involve enlarged water and
sewer main lines, expansion at the wastewater treatment plant, and a new well house
with a connecting main to the system.
Mr. Tom Livingston
Page 2
March 12, 2001
This letter is to reiterate the City's concern that complete and accurate planning needs
to be done to make sure that all water, sewer, and sewer treatment needs are met. All
costs associated with meeting these needs should be identified and apportioned
appropriately. The City reserves the right to accept or rejeCt the plan and to be
reimbursed for any expenses that the City may incur.
Sincerely,
Keith Kornelis
Public Works Manager
KK/jet
Enclosures
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MARCH 21, 2001
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http://www, ci. kenai, ak. us
~COUNCIL STAFF MEETING' 6:00 P.M., Council Chambers!
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Tim Navarre -- Proposed Privately-Owned Prison at Wildwood
ITEM C: PUBLIC HEARINGS
1. Ordinance No. 1893-2001 -- Repealing the Current Sign Code, KMC
14.20.220 and Replacing It With a New Sign Code, KMC 14.20.220.
a. Motion to Adopt
b l Motion to Substitute
Substitute Ordinance No. 1893-2001 -- Repealing the Current Sign
Code, KMC 14.20.220 and Replacing It With a New Sign Code, KMC
14.20.220.
c. Consideration of Ordinance.
2. Ordinance No. 1894-2001 -- Amending KMC 14.20.105(i) (Townsite Historic
(TSH) Zoning District) to Reflect a Change in the Numbering of the New Sign
Code KMC 14.20.220 Which is referenced in KMC 14.20.105(i).
'3. Ordinance No. 1900-2001 -- Finding That Certain City-Owned Land
Described as Block 3, Five Irons Heights Subdivision, Consisting of 4.391
Acres, as Shown on the Attached Exhibit A, is Not Required for a Public
Purpose.
4. Ordinance No. 1901-2001 --Increasing Estimated Revenues and
Appropriations by $4,607,137 in the ARFF/SRE Capital Project Fund.
a. Motion to Adopt
b. Motion to Substitute
Substitute Ordinance No. 1901-2001 --Increasing Estimated Revenues
and Appropriations by $4,130,973.70 in the ARFF/SRE Capital Project
Fund.
c. Consideration of Ordinance.
5. Resolution No. 200i-18 -- Requesting FY 02 Safe Communities Funding
From the Department of Community and Economic Development.
6. Resolution No. 2001-19 -- Approving a Contract to G&S Construction, Inc.
for the Project Entitled Kenai Airport ARFF/SRE Facility -2001 for the Total
Amount of $3,716,383.
7. Resolution No. 2001-20 -- Awarding a Contract for Construction
Administration Services on the Project Entitled, Kenai Airport ARFF/SRE
Facility to RIM Architects for the Not-To-Exceed Amount of $276,698.
ITEM G: OLD BUSINESS
ITEM H: NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Purchase Orders Exceeding $2,500
3. *Ordinance No. 1902-2001 --Increasing Estimated Revenues and
Appropriations by $100,000 in the General Fund and Multipurpose Facility
Capital Project Fund for Engineering Design of Upgrading the Facility for
Refrigerated Ice and Miscellaneous-Improvements.
4. *Ordinance No. 1903-2001 -- Transferring $25,000 in the Airport Land
System Special Revenue Fund and Increasing Estimated Revenues and
Appropriations by $25,000 in the Comprehensive Plan Fund.
5. *Ordinance No. 1904-2001 -- Finding That Certain City-Owned Lands
Located in Inlet Woods Subdivision, As Shown on the Attached Exhibit A
Map, Are Not Required for a Public Purpose.
6. *Ordinance No. 1905-2001 -- Finding That Certain City-Owned Lands
Located in Inlet Woods Subdivision, as Shown on the Attached Exhibit A, Are
Not Required for Public Purpose.
7. Approval -- Special Use Permit/Department of Natural Resources, Division
of Forestry/Kenai Municipal Airport.
a. Staging Site
b. Aircraft Loading and Parking
8. Approval -- Lease Application/State of Alaska, Division of Forestry --
Unsurveyed Lot Approximately 392' x 400' Adjacent to the Future
Crash/Fire/Rescue Facility at the Kenai Municipal Airport.
9. Approval -- Sale of 53 Undeveloped Lots in Inlet Woods Subdivision.
10. Discussion --Alaska Small Business Conference
11. Discussion -- Multipurpose Facility Refrigeration Project Scope
EXECUTIVE SESSION - None Scheduled
ITEM K: ADJOURNMENT
The public is invited to attend and participate. Additional information is available
through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our
website at http://www, ci.kenai.ak.us
Carol L. Freas, City Clerk D674/211
MAKE
PACKET$
COUNCIL PACKET DISTR:I:BUT]:ON
COUNCIL MEE'I'~N6 bATE:
/
Mayor~Council Attorney v' ~T~ayIor/.Sprin~ter/Kebschull
Clerk ~/ ~it¥ Man~er ./'Public Works
Police Deportment / .Finance ~ ~n~ineer
Senior Center ~ Airport / Kim
Library ~ Porks & Recreation ~ Clarion
Fire bep~rtment ~~ / ~
A6ENDA DTSTR]::BUT~ON
Sewer Treatment Plant Streets
.Shop Dock
Building Maintenance Animal Control
Water/Sewer Counter
Fax by computer to
Contacts; Aqenda List'
Microsoft Fax from printer
list; Address
Book;
Assembly Members
KSRM
HEA
Kenoi Chamber of Commerce
~Ton Little (Daily News/$oldotna)
KVCC
KDLL
Ebb
DELIVER
Council Pockets to Police Deportment Dispatch desk.
The Clarion ond KDLL will pick their pocket up at City Hall. 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 and 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.