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HomeMy WebLinkAbout2001-08-15 Council PacketKenai City Council Meeting Packet August 15, 2001 AGENDA KENAI CITY COUNCIL- REGULAR MEETING AUGUST 15, 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) ITEM C: PUBLIC HEARINGS o Ordinance No. 1923-2001 -- Increasing Estimated Revenues and Appropriations by $3,562.50 in the General Fund for Police Department Tools. , Ordinance No. 1924-2001 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Comprehensive Plan Capital Project Fund for an EDA Grant. . Ordinance No. 1925-2001 --Amending the Kenai Municipal Code by Adding Chapter 8.9.0, Prohibiting the Use and Sale of Fireworks Within the City, Except for Authorized Fireworks Displays. ITEM D' COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee -1- ITEM E: . ITEM F: ITEM G: ITEM H: o . o o . . , , . 10. 11. bo Kenai Convention & Visitors Bureau Board Alaska Municipal League Report MINUTF~ *Regular Meeting of August 1,2001. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1926-01 -- Appropriating a $1,500 Donation From Kenai Elks Lodge #2425 for Recreational Equipment. *Ordinance No. 1927-01 -- Increasing Estimated Revenues and Appropriations By $6,300 in the General Fund for a Library Grant From the State of Alaska. *Ordinance No. 1928-01 -- Finding that Certain Foreclosed Properties Are Not Needed for a Public Purpose and May be Sold. *Ordinance No. 1929-01 -- Amending the Requirements in KMC 9.10 Regarding Collection and Disposal of Garbage/Refuse in the City of Kenai. *Ordinance No. 1930-01 -- Increasing Estimated Revenues and Appropriations by $183,000 in the Bridge Access/Frontage Water Main Capital Project Fund. Approval-- Special Use Permit/R&d Seafoods -- A Portion of the Southeast Section of the Boating Facility Parking Lot. Discussion-- Kenai Peninsula Borough Ordinance No. 2001-29 -- Amending KPB ChaPter 2.40 Regarding Planning Commission Membership and Apportionment. Discussion -- Lower Kenai River Boat Launch Draft Resolution of Support Discussion -- Leif Hansen Memorial Park Policy/Placement of Memorial Rocks -2- ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT -3- MAYOR'S REPORT AUGUST 15, 2001 REGULAR COUNCIL MEETING NO CHANGES. CHANGF~ TO THE AGENDA REOUESTED BY: CONSENT AGENDA NO CHANGES. o MAYOR'S REPORT Reminder -- Meeting regarding buying out of fishing permits -- Paradisos, August 16 at 2 p.m. Z 0 , i Zm~o ~m ~ z ~0 ~z ~0 O~ 0 0<1: 0 ~ uJ o 1~>_ Z ZLU~o ~,,, <1::0I'''z ...J  7 ...~ C) ~ O ~>- <~0~_ v n" Z ._jO ~ U ~>- ZLU~o ~LU <~0~.z --v ~ z ...~ 0 z LU ~ 0 <1::: Lu .~0l-z ...j ~Z _~0 Suggested by: Administration City of Kenai ORDINANCE NO. 1923-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,562.50 IN THE GENERAL FUND FOR POLICE DEPARTMENT SMALL TOOLS. WHEREAS, the Police Department received $3,562.50 from the State of Alaska Court System for a drug seizure case; and WHEREAS, Ordinance 1917-2001 appropriated this money in FY2001, but was not spent or obligated prior to year end; and WHEREAS, such funds may be used to purchase equipment for the Police Department; and WHEREAS, it is in the best interest of the City of Kenai to use these funds to purchase recording and investigative equipment in the Police Department. 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 $3,562.50 Increase Appropriations: Police Department- Small Tools $3,562.50 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (07/25/2001) jl Introduced: Adopted: Effective: August 1, 2001 August 15,2001 August 15,2001 Suggested by: Administratio:, City of Kenai ORDIN~CE NO. 1924-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN THE COMPREHENSIVE PLAN CAPITAL PROdECT FUND FOR AN EDA GRANT. WHEREAS, the City received a $20,000 grant from the Economic Development Administration to be used for economic development planning as part of the Comprehensive Plan; and WHEREAS, it is in the best interest of the City of Kenai to accept this grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Comprehensive Plan Capital Proiect Fund Increase Estimated Revenues: Federal Grant $20,000 Increase Appropriations- Professional Services $20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15~ day of August, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (07 / 25 / 2001) jl Introduced: Adopted: Effective: August 1, 2001 August 15,2001 August 15,2001 Suggested by: Fire Department CITY OF KENAI ORDINANCE NO. 192S-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE BY ADDING CHAPTER 8.20, PROHIBITING THE USE AND SALE OF FIREWORKS WITHIN THE CITY OF KENAI, EXCEPT FOR AUTHORIZED FIREWORK DISPLAYS. WHEREAS, KPB 10.18 currently prohibits the sale and use of fireworks in the Kenai Peninsula Borough outside of the organized cities of Kenai, Soldotna, Seward, Seldovia, Kachemak City and Homer; and WHEREAS, the use and sale of fireworks within the City of Kenai present both a safety and a fire danger to the public; and WHEREAS, it is in the best interest of the City of Kenai to prohibit the use and sale of fireworks within the City of Kenai. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 8.20 is added as appears in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this 15th day of August 2001. ' JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: August 1, 2001 August 15,2001 September 15,2001 Chapter 8.20 FIREWORKS CONTROL 8.20.010 Fireworks Control. This chapter shall be known as the fireworks control ordinance of the City of Kenai. 8.20.020 Fireworks Prohibition- Exception The use of all classes of fireworks are forbidden within the City of Kenai, except as othemrise provided by code for use in public displays by the City, associations and other organizations, or groups holding a current permit issued by the City as provided elsewhere in this chapter. Official use of fireworks in the interest of public safety, animal control and animal hazing at the Kenai Municipal Airport shall be permitted. 8.20.030 Use Permits (a) The City may issue a pyrotechnic permit to the City, association or other organization, or groups for public fireworks displays, provided that the display is to be conducted by a professional pyrotechnician within thirty (30) days from the date of an approved application showing the following: (i) (iii) (iv) (v) (vi) Dates and location of the proposed displays; and That all appropriate or required State licenses or certificates have been procured; and That a policy or certified true copy of a policy of public liability insurance and products liability insurance coverage provided by the applicant or his employer has been filed with the City, including both accident and occurrence m the amount of at least $1,000,000 for bodily injury and death and at least $500,000 for property damage; and That the City of Kenai Fire Department has been notified and invited to be in attendance for fire control purposes; and That the Office of the State Fire Marshal has issued the necessary licenses or certificates; and The name of the applicant and the name and address of the professional pyrotechnician or company who will be conducting the display. b) In the event that an objection is received from the State Fire Marshal or the City of Kenai Fire Department, the City may deny the application for cause shown. 8.20.040 Sale of Fireworks Forbidden. The sale or offering for sale of fireworks is forbidden within the City. Attachment A Ordinance No. 1925-01 Page 1 of 2 8.20.050 Fireworks- Miscellaneous Provisions No permit shall be issued for more than three displays per calendar year. permit is transferable. No 8.20.060 Definitions. For the purposes of this chapter, the following definitions shall apply' a) c) "Fireworks" means fireworks as de£med by AAC 18.72.100 as it now exists or may from time to time be amended or changed by the legislature. Dmplay' means the detonation of fireworks at any time. Professional Pyrotechnlc~an means an ~ndlvldual who has been licensed by the Division of Alcohol, Tobacco and Firearms to use Class A, Class B and Class C fireworks. ' 8.20.070 Penalties Upon conviction, each violation of this chapter shall be punishable as provided in KMC 13.05.010. Citations for violations of this chapter may be issued by either the Kenai Police Department or the Kenai Fire Department. Attachment A Ordinance No. 1925-01 Page 2 of 2 KENAI AIRPORT COMMISSION AUGUST 9, 2001 Kenai City Council Chambers 7:00 P.M. ***AGENDA*** ITEM 1' ITEM 2' ITEM 3: ITEM 4: ITEM 5' a. ITEM 6' ITEM 7: ao ITEM 8' ITEM 9: ITEM 10: a, ITEM 11' CALL TO ORDER AND ROLL C~L AGENDA APPROVAL APPROVAL OF MINUTES - June 14, 2001 and July 12,2001 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Jim Bielefeld/Air Fair Report NEW BUSINESS Discussion -- Alaska's Best Travel Request for Five-Year Lease Discussion -- Aircraft boarding for Passengers with Disabilities REPORTS Commission Chair Airport Manager City Council Liaison COMMISSIONER COMMENTS AND QUI~TION.~ PERSONS NOT SCHEDULED TO _RR HI~.A!~r~ INFORMATION ITEMS Kenai City Council Meeting Action Agendas for July 5 and 18,2001. 2001 Float Plane Basra Activity Report 7/01 Kenai Municipal Airport Enplanements report 7/27/01 Virginia Kanas of "Books, Hooks & Gifts" 30-day notice letter. 7/17/01 FAA response to City's letter regarding installation of a radar system in the Kenai Air Traffic Control Tower. ADJOURNMENT KENAI AIRPORT COMMISSION AUGUST 9, 2001 KENAI CITY COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN HENRY KNACKSTEDT, PRESIDING MINUTES ITEM 1' CALL TO ORDER AND ROLL CALL Chairman Knackstedt called the meeting to order at 7'00p.m. confirmed as follows: The roll was taken and Present: Absent: Others Present' Van Zee, Bielefeld, Knackstedt, Haralson, Holloway Kleidon City Manager Snow, Councilwoman Swarner, Airport Manager Cronkhite, Department Assistant Harms ITEM 2: AGENDA APPROVAL MOTION: Commissioner Bielefeld MOVED to approve the agenda as presented. Commissioner Holloway SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES - June 14,2001 and July 12,2001 MOTION: Commissioner Holloway MOVED to approve the minutes as presented. Commissioner Van Zee SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD-- None ITEM 5: OLD BUSINESS a. Discussion -- Jim Bielefeld/Air Fair Report Commissioner Bielefeld reported the following: · Approximately 60 people attended the fly-in breakfast; approximately 14 participated in the poker-mn. Bielefeld stated he felt more would have participated if the weather had been better. · For next year's poker run, an established date will be set in late June. · Participants of the poker run filled out comment sheets which will be reviewed Friday (August 10,2001) during a final meeting of organizers. Additionally, the financial outcome of the event will be reviewed. ITEM 6' NEW BUSINESS 6-a. Discussion -- Alaska's Best Travel Request for Five-Year Lease Dottle Fischer- Kenai (Owner of Alaska's Best Travel) provided the following information to the Commission: Alaska's Best Travel has been a tenant of the Kenai Airport for the past five years; Fischer has had to renew her lease contract each year. Her mare reason for requesting an exclusive-use permit is to guarantee a lack of direct competition (which would raise property value and increase overall appeal of space). The Commission spoke briefly regarding terms of an exclusive-use permit for Alaska's Best Travel and how that may affect other businesses in the airport. It was determined that prior to approval, exact lease verbiage would need to be reviewed by the attorney. Additionally, the Commission addressed the issue of rack-cards, which are placed on business counters as Van Zee stated they are better placed at the Visitors Center. He also stated airport tenants display rack-cards only as a gesture of good will; the rack- cards are of little or no benefit to those who display them. Cronkhite stated she would look into this issue. MOTION: Commissioner Van Zee MOVED to forward the five-year exclUsive-use lease request to council for approval. Commissioner Holloway SECONDED the motion. There were no objections. SO ORDERED. Discussion -- Aircraft boarding for Passengers with Disabilities Chairman Knackstedt stated he received a complaint regarding airport/airline procedures involving life devices for passengers with disabilities. After a brief background of the situation, the Commission spoke at length on the following points: · The Kenai Airport does not own plane-specific lift devices for aircraft. Additionally, Era Aviation does not have lift equipment to accommodate all its aircraft. · There are many issues involved in lift devices that need to be considered: Stability, plane size, passenger needs. Cronkhite stated that the Kenai Airport is aware of this issue and need and accommodates airlines when needed. Additionally, a lift device company will be coming to Kenai in the fall to look into the situation. · Federal mandates state that an airport must have a plan to provide equal access for all passengers; the Kenai Airport is currently in the planning stages and is actively pursuing information on lift devices to accommodate all. The Commission spoke about whether the brunt of this problem lies with the airport or individual airlines. ITEM 7: REPORTS "a · Commission Chair -- Chairman Knackstedt reported on the following: AIRPORT COMMISSION MEETING AUGUST 9,2001 PAGE 2 · The B-24's and B-17 arrive on July 4 was a successful event. The Commission spoke briefly regarding the cost to the city to host this event and of a potential return schedule. The following was concluded: Due to the high expense of the Collings Foundation visits, the Commission would prefer they return every two years. · If the Collings Foundation prefers to return every year, the Commission agreed that an invitation letter specifying a date should be sent. The date (perhaps in late June) could coincide with the poker-run or some other event. · If the Coilings Foundation decides not to come on the requested date, all costs would need to be covered by them. Cronkhite stated she would draft a letter to the Collings Foundation for Commission review in the near future. 7-b. Airport Manager-- Airport Manager Cronkhite reported on the following: The new airport parking design has been completed. 7-c. City Council Liaison -- Councilwoman Swamer reported on the following: · August 25,2001 is Industry Appreciation Day. · The deadline for submitting petitions to run for Mayor or City Council is August 15,2001. · Jason Elson has been chosen as an airport commissioner. He will begin in September. ITEM 8' COMMISSIONER COMMENTS AND (~UESTIONS Commissioner Haralson requested an update on the issue of the Airport Master Plan. Cronkhite stated the Master Plan would be integrated into the city comprehensive plan. Both are in the beginning stages of development. Commissioner Van Zee requested information on the review of the airport regulations including policy and language changes. A brief discussion took place and Cronkhite stated that more attention will be given to this in the future and that any suggested changes can be sent to her at any time. ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD -- None ITEM 10: INFORMATION ITEMS 10-a. 10-b. 10-c. 10-d. 10-e. Kenai City Council Meeting Action Agendas for July 5 and 18, 2001. 2001 Float Plane Basin Activity Report 7/01 Kenai Municipal Airport Enplanements report 7 / 27/01 Virginia Kanas of "Books, Hooks & Gifts" 30-day notice letter. 7/17/01 FAA response to City's letter regarding installation of a radar system in the Kenai Air Traffic Control Tower. AIRPORT COMMISSION MEETING AUGUST 9, 2001 PAGE 3 ITEM 11' ADJOURNMENT MOTION: Commissioner Holloway MOVED to adjourn and Commissioner Van Zee SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:45 p.m. Minutes prepared and transcribed by: Sharon Harms, Department Assistant AIRPORT COMMISSION MEETING AUGUST 9,2001 PAGE 4 KENAI HARBOR COMMISSION MEETING AUGUST 6, ~001 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1: CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- July 9,2001 . ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Chris DeEernes, Parks/h Outdoor Recreation -- Boat Launch Near Cunnm§ham Park ITEM 5: OLD BUSINESS ITEM 6: NEW BUSINESS ITEM 7: REPORTS Director Dock Foreman City Council Liaison ITEM 8: COMMISSIONER COMMENTS / QUESTIONS ITEM 9: INFORMATION ITEM 10: Kenai City Council Action Agendas of July 5 and 18,2001. ADJOURNMENT KENAI HARBOR COMMISSION MEETING AUGUST 6, ~001 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER ih ROLL CALL Chairman Thompson called the meeting to order at 7'00 p.m. follows: Roll was confirmed as Members Present: Eldridge, Rogers, Spracher, Thompson Members Absent: Foster Others Present- City Manager Snow, Councilman Bookey, City Engineer La Shot, Contract Secretary Roper ITEM 2' AGENDA APPROVAL MOTION: Commissioner Eldridge MOVED to approve the agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES -- July 9,2001 . MOTION: Commissioner Rogers MOVED to approve the minutes of July 9,2001 and Commissioner Spracher SECONDED the motion. There were no objections. ORDERED. SO ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Chris Degernes, Parks/h Outdoor Recreation -- Boat Launch Near Cunningham Park Chris Degemes, State Parks reported the State appropriated $350,000 to purchase land that would support a boat launch in the lower Kenai River near Cunningham Park. Degernes stated there two parcels were being considered; one above Cunningham Parks and ten acres in size, the second, a parcel of five acres and below Cunningham Park. Discussion took place regarding both parcels and Degemes listed pros and cons for each. She added, the upper parcel has considerable wetlands that would make obtaining the necessary permits very difficult if not impossible and that she was told that particular parcel had a nice gravel base. Degernes said the lower parcel had fewer environmental concerns but it a/so has a considerable concentration of peat. Degemes added, there is some concern that a boat launch in the lower parcel would impact the bank anglers. Degernes felt that some good design work could address both the peat and bank angling issues. Degemes stated that should the State build the boat launch, it would be their desire that the City of Kenai take on the management of it. Degemes explained it was difficult for most user groups to differentiate between State and City and thought it would be easier for them to have one set of rules to abide by. After further discussion regarding both the upper and lower parcels of land and how the various user groups would benefit or be impacted by a new boat launch, it was the general consensus of the Harbor Commission that an additional boat launch in the lower river was needed. There was some public comment made regarding the issue: Hal Borg, Kenai, Alaska - Mr. Borg reported he was an angler on the Kenai River for over 22 years and is a drift boat guide. Borg explained he had used the former Cunningham boat ramp for many years and there had never been any conflict with the bank anglers. Borg continued, since the ramp was taken out it has been difficult and at times unsafe for drift boat operators to have to go past Warren Ames Bridge to let out, especially with the different fides. Borg added that he is in favor of a boat ramp in the lower river. Harvey Young, Kenai, Alaska- Mr. Young is also a Kenai River guide using both drift and power boats and also supports a boat launch in the lower river. Young explained the excellent fishing in the lower river as well as the congestion and felt a boat launch in this area would help with the traffic and erosion concerns. Young continued, it would be safer to get out at Cunningham rather than going all the way past the bridge. Chairman Thompson reiterated the support of the Harbor Commission at either location and noted they have been aware of the need for an additional boat launch for a long time. Thompson thanked Degemes for her frae presentation and information. Councilman Bookey requested a five-minute recess. Meeting recessed at 7'50 p.m. Chairman Thompson called the meeting back to order at 8'03 p.m. MOTION: Commissioner Eldridge MOVED to recommend that City Council pursue a boat launch in the lower river. Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. HARBOR COMMISSION MEETING AUGUST 6,2001 PAGE 2 ITEM 5: OLD BUSINESS -- None ITEM 6: NEW BUSINESS -- None ITEM 7: REPORTS 7-a. Director -- La Shot reported the following: · Keith Komelis is recovering from surgery and will possibly be back to work on August 24th. · The special use permit for R&J Seafoods would go before City Council at the August 15~h meeting for approval. The duration of the permit is for little over a year and will end when the current lease ends. The monthly rate is $400 per month without the fence option. R&J has been given.permission to offload some vans while awaiting approval of the lease. · The Senate has approved $500,000 for the bluff erosion control design and the permit applications have been submitted. Discussion took place on who will do the design and La Shot stated a designer was not selected but he hoped it would not change. 7-b. Dock Foreman -- La Shot stated revenues during the dip net fishery were approximately $30,000. 7-c. City Council Liaison -- Councilman Bookey noted the following: · Since the $500,000 had been allocated for the design work for the Coastal Trail, the Mayor would like to have some work sessions with the Harbor Commission, City Council and the public. No specific dates have been set. It was suggested a representative from Nottingham be present. · Reminded the Commission there were two vacancies and asked for some recommendations. ITEM 8: COMMISSIONER COMMENTS/QUESTIONS Chairman Thompson stated he did a little walk through the beaches after the dip net fishery and noted the south side was in better condition than the north. Thompson expressed concern with the apparent 4-wheeler tracks across the dunes and recommended barriers or something else be introduced to keep the dunes safe from damage. ITEM 9: I1TFO~TION Kenai City Council Action Agendas of July 5 and 18,2001. The next meeting is scheduled for September 10, 2001. HARBOR COMMISSION MEETING AUGUST 6,2001 PAGE 3 ITEM 10' ADJOURNMENT MOTION: Commissioner Spracher MOVED to adjourn. There were no objections. SO ORDERED. The meeting adjourned at 8:25 p.m. Respectfully submitted, Barbara Roper, Contract Secretary HARBOR COMMISSION MEETING AUGUST 6,2001 PAGE 4 Commission Application http://www.ci.kenai.ak.us/eommissions/commis CITY OF KENAI '~/illage with a past - City with a future." KENAI CITY cLERK i m mill i i L I II i i! ~ BACKGROUND AND PERSONAL DATA- CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS DATE: ~ ~///~//' NAME: Resident of the C~ of Kenai?.. ~~/(_~ ~ How long? Residence Address ~,~ ~ ~2 ,/,22c ~ ~.,~, ~. ~ ~_~. Mailing Address ,/~O-~ ~..~9~ ~ Home Telephone No. ~,.~,~ .... Home Fax No. ~_r~-~ '"C3 ;.~ ? ~. Business Telephone No. Business Fax No. ,,/~?'~, Email Address: EMPLOYER:. '/~~/'~/(=~'>~/ , Job Title NAME OF SPOUSE: .~_/C'_);, Membership m organizations: Past organizational memberships: , COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE 1 nf'9 RtRt(11 R-17 AM · ~ ~,,mmao,,,- ,-,t,t,u,,,,,,~, nup://x,,q~s~v, cl. ~enm.ax.us/commissions/commmslonapplwat~on.htm WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO' THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? /../)';~-L~L~_ C..~~ ~ ~,,,, Signature Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (fax), 283-7535, ext. 231 (phone) 2 of 28t8/018' 17 AM KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY. ACTMTY ROOM AUGUST 7~ 2001 7:30 P.M. AGENDA ITEM 1: ITEM 2: ITEM 3: ITEM 4: ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: ITEM 10: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- July 3,2001 PERSONS SCHEDULED TO BE HEARD Linda Snow, City Manager-- IntrodUction REPORTS Director Friends of the Library CiW Council Liaison OLD BUSINESS Discussion -- Library Expansion/Public Works Manager La Shot and Architect Bill Kluge NEW BUSINESS COMMISSIONER COMMENTS/OUF~TION.~ INFORMATION Kenai City Council Action Agendas of July 5 and 18, 2001. ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM AUGUST 7, 2001 7:30 P.M. CHAIRMAN BOB PETERS, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Peters called the meeting to order at approximately 7:30 p.m. and the roll was confirmed as follows: present: Absent: Others Present: Public: Peters, Brenclde, DeForest, Rodes, Heus, Brown Amen City Manager Snow, Public Works Manager LaShot, Bill Kluge, Department Assistant Harris Ethel Clausen ITEM 2. AGENDA APPROVAL MOTION: Commissioner Brenckle MOVED to approve the agenda as presented and Commissioner Brown SECONDED the motion. There were no objections. ORDERED. SO ITEM 3- APPROVAL OF MINUTES -- July 3,2001 MOTION: Commissioner Brenckle MOVED to approve the minutes as presented and Commissioner Brown SECONDED the motion. There were no objections. ORDERED. SO ITEM 4: PERSONS SCHEDULED TO BE HEARD Linda Snow, City Manager- Introduction Commissioner DeForest provided City Manager Snow with a brief history on the evolution of the Kenai Library and expansion proposals and projects. Additionally, Chairman Peters provided a history of past funding proposals including past bond issues and a general explanation of the functions of The Friends of the Library. City Manager Snow provided the Commission with a brief description .of the Petersburg library and stated she would be available and happy to assist if needed. ITEM 5' REPORTS Director-- Director Jankowska reported on the following' · The library received a letter of commitment regarding E-Rate funding. The letter was received almost a month late; Jankowska Will investigate the consequences from its late arrival. · The library received the first $1,600.00 installment from a state grant. This money will be appropriated to a book fund. · A new 3M book sensitizer/de-sensitizer was installed. Normally, a representative installs the equipment, but to avoid the substantial fee, the installation was done in house. · New shelves and tables have been purchased and will be set up in the near future. · The re-upholstering of chairs will begin soon. 5-b. Friends of the Library-- Commissioner Brown reported the following: · The October Raffle is currently being planned. The raffle will most likely be held the weekend before Halloween. 5-c. City Council Liaison -- Councilman Moore reported the following' · Spoke briefly to the Commission regarding the library expansion. He reminded the Commission that a future council might not consider any projects planned and currently considered. Moore also stated that $ lmillion is on the table and it is up to the Library Commission to plan for its use. ITEM 6' OLD BUSINESS Discussion -- Library Expansion/Public Works Manager La Shot and Architect Bill Kluge 'Public Works Manager La Shot introduced Architect Bill Kluge. La Shot stated Kluge is not under contract with the city at this time and is attending the meeting to gather reformation regarding the expansion project. The information will be used toward a draft expansion plan. Once a draft is drawn, it will be presented to City Council and the Commission for review. La Shot also stated that, prior to any actual labor, a request to Council would be done to appropriate funds for the plans to be drawn. Kluge provided the following recommendations and observations' · Encouraged the Commission to consider the idea of a Master Plan as the more detailed and thought out the plan, the more consideration it is given. · If a basement (or daylight basement) is to be considered, the underground water table will need to be carefully inspected. · An elevator (or elevator shaft) should be considered. Kluge 'explained that if future expansions are done, it will most likely be expanded toward a second story and those costs should be kept in mind. The Commission compared the benefits and downfalls of elevators, dumbwaiters, and ramps. · Jankowska provided Kluge with a copy of Public Libraries Space Needs. This information provided library space standards. Kluge said he would look into this. LIBRARY COMMISSION MEETING AUGUST 7,2001 PAGE 2 Heus spoke briefly regarding The Holt Study. Peters stated he would locate a copy of this study for Snow and Kluge. · A discussion involving the library operating budget and the population base took place. Jankowska stated she has had difficulty in the past locating current census figures and projection demographics. It was stated that the City of Kenai administration should be able to locate this information for her. Kluge stated he would provide an economical plan that stays within the $1 million range. Additionally, he can draw up a grander plan for future reference or to be used as part of a Master Plan. Upon completion, copies will be sent to the Commission for review and comment. ITEM 7: NEW BUSINESS -- None ITEM 8: COMMISSIONER COMMENTS / ~UESTIONS Brenckle -- Thanked Snow for her interest and support. Rodes -- Thanks for all coming together to create plan. DeForest -- Thanks for all working together. Heus -- Thanked Snow and the Commission for working together. Brown -- Noted the next Friends of the Library meeting was scheduled for August 20, 2001 and also thanked Snow for her interest and support. ITEM 9: INFORMATION 9-a. Kenai City Council Action Agendas of July 5 and 18, 2001. ITEM 10: ADJOIrRNMENT MOTION: Commissioner Brenckle MOVED to adjourn and Commissioner Brown SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9:15 p.m. Minutes transcribed and prepared by: Sharon Harris, Department Assistant LIBRARY COMMISSION MEETING AUGUST 7,2001 PAGE 3 KENAI PARKS/h RECREATION COMMISSION AUGUST 2, 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 -- June 7,2001 and July 5,2001 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Anilela Schreiner -- Memorial Park/Memorial Rock Request b. Chris Dellernes -- Department of Natural Resources Boat Launch Near Cunnin§ham Park. ITEM 5- OLD BUSINESS Discussion -- Municipal Park Discussion -- Skateboard Park ITEM 6: NEW BUSINESS Discussion-- Proposed 2001 Foreclosure Sale ITEM 7: REPORTS ao Commission Chair Director City Council Liaison ITEM 8: COMMISSION OUESTIONS/h COMMENTS ITEM 9' PERSONS PRESENT NOT SCHEDULED TO BE HEArt) ITEM 10: INFORMATION ao Council Action Agendas of July 5 and 18,2001. Beautification Committee Minutes of July 10, 2001. ITEM 11' ADJOURNMENT KENAI PARKS/h RECREATION COMMISSION AUGUST 2, 2001 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TIM WISNIEWSKI, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Wisniewski called the meeting to order at 7'00 p.m. follows' Roll was called as Present: Absent: Others Present: Roper Baxter, Wisniewski, Gifford, Sandahl, Steiner, Hultberg Castimore Councilwoman Porter, City Manager Snow, Contract Secretary Chairman Wisniewski welcomed City Manager Snow and Councilwoman Pat Porter to the Parks Meeting. It was noted that Councilwoman Porter was the new council representative to the Parks & Recreation Commission. ITEM 2: AGENDA APPROVAL The agenda was approved as presented. ITEM 3' APPROVAL OF MINUTES -- June 7,2001 and July 5,2001 The minutes for June 7 and July 5,2001 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE HEARD Angela Schreiner- Memorial Park/MemOrial Rock Request Don Schreiner presented a verbal proposal to the Commission regarding the placement of a memorial rock for his late mother-in-law, Helen Tumage, in Leif Hansen Memorial Park. The memorial rock would be similar to the rock the Thomson family placed in the park nine years ago. Schreiner and Director Frates pointed out two potential locations for the rock. Discussion followed and concern was expressed the memorial rocks were being proposed without an ordinance in place or any designated areas for such memorials selected. Commissioner Sandahl stated he was uncomfortable in making a decision on the memorial rock without any type of plan in place for Leif Hansen Memorial Park and suggested the issue be postponed until the council had the opportunity to approve an ordinance. After additional discussion, Schreiner stated there were two issues which could be handled separately and requested the Commission consider his proposal without delay. Commissioner Baxter agreed the proposal should be voted upon but consideration for an ordinance was necessary. MOTION: Commissioner Baxter MOVED to recommend the applicant be allowed to place the memorial rock in proposed site "B' of Leif Hansen Memorial Park. Commissioner Hultberg SECONDED the motion. VOTE: Baxter Yes Gifford No Sandahl Castimore Absent Steiner Yes ,Hultber§ Wisniewski Yes tNo Yes MOTION PASSED. 4-bo Chris Degernes -- Department of Natural Resources Boat Launch Near Cunningham Park Chris Degemes announced the State of Alaska budgeted $350,000 for a boat launch in the lower Kenai River. Two potential sites are being considered: A ten-acre parcel above and a five-acre parcel below Cunningham Park. Degemes reported Representative Eldon Mulder was supporting the project and had originally focused on the property above Cunningham Park. The smaller parcel of land is being considered because wetlands and other challenges involve the larger parcel above Cunningham Park. Degemes stated her reason for bringing the issue to the City of Kenai is that the State would like to combine the boat launch effort with Cunningham Park and ask the City of Kenai to maintain it. DiScussion followed and the first question asked was whether or not another boat launch was needed on the Kenai River. Degemes listed some impacts another boat launch would bring, including more congestion and traffic on the river. Commissioner Sandahl stated his opposition to any type of boat launch near or tied into Cunningham Park as the original intent of the Park was for children and bank fishers. Sandahl expressed concern for the safety of both user groups. City Manager Snow reported Mrs. Cunningham placed a stipulation on the. deed when the land was provided for the park that there be no boat launches. Discussion took place on making the new boat launch a drift boat only launch. Degemes stated Mulder was adamant the boat launch be for powerboats. If limited to drift boats, the funding source could be removed. Degemes also noted the urgency to know the City's position due to the active land purchase efforts. The purchase could take up to six months and once the land is purchased, a design would be developed, permits obtained, and construction could begin in early 2003. Other locations were discussed such as the cow pastures and Degernes indicated there were many expensive issues for that location. PARKS & RECREATION COMMISSION MEETING AUGUST 2,2001 PAGE 2 The general consensus was that the park be left a park and not a boat launch. If a site had to be selected, the upper parcel would be more palatable to the Parks Commission. It was noted it was possible the necessary permits could not be obtained for that parcel. Degemes asked if the Parks Commission was giving her a red, yellow or green light on the project. It was noted they were giving a cautious yellow. ITEM 5' OLD BUSINESS Discussion -- Municipal Park Frates reported a brush hog was used in Municipal Park for more clearing and the end result provided much more visibility. Plans for future clearing in the Park was discussed as well as the cost involved. It was noted the equipment may be purchased and an experienced operator contracted to operate it. Frates reported he had completed a grant application for which the funding would be used for expansion of the existing parking lots; add an additional parking lot near the restrooms; perhaps hiring of a landscape architect to review possible future expansion of the park; and perhaps widening of the trails to support water truck activity. Frates requested ideas for expanding the park or other improvements be forwarded to him. It was suggested the Commission visit the Park during the next meeting so all could see the improvements. a-bo Discussion -- Skateboard Park Frates reported the skateboard equipment was ordered and it was scheduled to arrive on August 27th. Work would begin immediately upon arrival and it was anticipated four days would be needed to complete the construction. Frates also reported the kids were very excited and fencing for placement around the Park had been approved and would be erected before the skateboard equipment is placed. ITEM 6' NEW BUSINESS Discussion -- Proposed 2001 Foreclosure Sale Frates referred to the meeting packet and noted it included a list of 14 foreclosed properties the Parks Commission was being asked to review and determine if any should be retained for public purpose. After a brief discussion it was decided one parcel should be retained as it neighbored an existing park. MOTION: PARKS & RECREATION COMMISSION MEETING AUGUST 2,2001 PAGE 3 Commissioner Gifford MOVED that Parcel # 4710104, 807 Peninsula Avenue be retained for public purpose. The motion was SECONDED by Commissioner Hultberg. VOTE: Gifford Sterner Wisniewski Yes Yes Yes Sandahl Hultberg Yes Yes Castimore Baxter Absent Yes MOTION PASSED UNANIMOUSLY. ITEM 7: REPORTS 7-a. Commission Chair-- Wisniewski commented on the following: · Stated Municipal Park and Triangle Park looked very .nice., It was noted there were many volunteers who had done a fine job. · Asked about the dip net season and Frates reported it went very well with the City revenues being approximately $29,000. Frates also noted the fishery improves every year and Snow stated the Parks Department had been commended for the fine job during dip net season. · Asked about the tree clearing at the cemetery and Frates stated the work would be done this fall. 7-b. Director-- Frates reported the following: · The summer recreation program was coming to a close and a slumber party was scheduled for Friday, August 3 for which 53 children had signed up to participate. · He received a call from EDD, who is working with the Chambers of Commerce, to encourage residents on the Peninsula to donate their income tax refunds for community beautification, including trees and benches. 7-c. City Council Liaison -- Councilwoman Porter suggested flags be placed in the fire pit in the downtown area to give the area more height. ITEM 8: COMMISSION QUESTIONS/h COMMENTS Commissioner Baxter stated the curbs and corners looked nice and announced an extensive renovation was taking place at Oilers Field. Commissioner Hultberg stated the City looked good and he was looking forward to the State finishing their work. Commissioner Sandahl stated he never again wanted to be placed in the same position the Commission had been during the meeting in regard to the request for a memorial rock in Leif Hansen Park. Sandahl added, he felt the action the Commission PARKS & RECREATION COMMISSION MEETING AUGUST 2,2001 PAGE 4 took was a drastic deviation from the intent of the Park which was not to be a cemetery. Sandahl requested Frates develop a plan or proposed ordinance to present at the next meeting in order to avoid future problems. Commissioner Gifford noted the following: She agreed with Commissioner Sandahl and added such applications or requests should not be scheduled until it is first discussed with the Commission whether that notification be via specie meeting or other means. Gifford added, she felt like the bad guy by voting against the proposal. · Asked about the flowers that were planted along the sidewalks in Leif Hansen Park and Frates reported they had been removed. · A section of grass along Walker and Rogers was not mowed and Frates stated he would investigate the matter. · Provided Frates with a pamphlet from Nickelodeon entitled "The Big Help" and explained the material offered methods of getting kids active in volunteering for community projects. It was agreed the material could be utilized during next year's summer recreation program. ITEM 9: PERSONS PRE~ENT NOT SCHEDULED TO BE HEARD - None ITEM 10: INFO~TION 10-a. 10-b. Council Action Agendas of July 5 and 18,2001. Beautification Committee Minutes of July 10, 2001. ITEM 11: ADJOURNMENT Commissioner Sterner MOVED to adjourn. There were no objections. SO ORDERED. .The meeting adjourned at 9:15 p.m. Respectfully submitted, Barbara Roper, Contract Secretary PARKS & RECREATION COMMISSION MEETING AUGUST 2,2001 PAGE 5 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 8, 2001 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES' July 25, 2001 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: 6. OLD BUSINESS: e NEW BUSINESS: a. PZ01-4 l~Resolution of'the Planning and Zoning Commission recommending that KMC 14.20.230 (Home Occupations be amended to allow home occupations in residences in commercial zones.) (Discussion) Tract A, Baron Park Kenai Youth Facility Addition- Determination if'needed for City Kenai public purpose. Proposed -1-002 Foreclosure Sale- Determination if'proposed parcels needed for public purpose. bo 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Draft Ordinance amending KMC 9.10 b. "Lawyer's Weekly" Article, "Landlords Cannot Stop Tenants From Installing Satellite Dishes" c. City of Kenai Building Reports - Year to Date 2001 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/h ZONING COMMISSION CITY COUNCIL CHAMBERS AUGUST 8, 2001 - 7:00 P.M. CHAIRMAN RON GOECKE, PRF~IDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Members Absent: Others Present: Glick, Bryson, Goecke, Nord, Erwin, JaCkman Morse City Engineer La Shot, Contract Secretary Roper I -b. Agenda Approval Chairman Goecke requested the following item be added to the agenda: ADD AS: MOTION: Item 7-d, New Business -- Discussion of the KPB Ordinance 2001-29, An Ordinance Amending KPB Chapter 2.40 Regarding Planning Commission Membership and Apportionment) Commissioner Bryson MOVED to approve the agenda and Commissioner Erwin SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to amend the mare motion by adding the lay down items provided prior to the meeting. Commissioner Glick SECONDED the motion. VOTE ON THE AMENDMENT: ! Bryson JNord Goecke Yes Erwin Yes Glick Yes Yes Yes Morse Absent Jackm_an Yes MOTION PASSED UNANIMOUSLY. VOTE ON THE MAIN AMENDED MOTION: Erwin Yes Glick Yes Morse Absent Jackman Yes Goecke Yes i Nord I Bryson Yes Yes MOTION PASSED UNANIMOUSLY. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- July 25,2001 Approved by consent agenda. ITEM 3. SCHEDULED PUBLIC COMMENT-- None ITEM 4' CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS-- None ITEM 6- OLD BUSINESS-- None ITEM 7: NEW BUSINESS PZO 1-41~Resolution of the Planning and Zoning Commission recommending that KMC 14.20.230 (Home Occupations be amended to allow home occupations in residences in commercial zones.) (Discussion) It was noted this item would be scheduled for public hearing at the August 22 Planning and Zoning meeting. No further discussion. 7-bo Tract A, Baron Park Kenai Youth Facility Addition- Determination if needed for City of Kenai public purpose. MOTION: Commissioner Nord MOVED that the property dedicated for the youth detention facility is not needed for City public use but is needed for a public purpose by the State of Alaska. Commissioner Glick SECONDED the motion. VOTE: Glick Yes Jackman Yes Goecke Yes INord Bryson Yes Yes Morse Emrin [Absent !Yes MOTION PASSED UNANIMOUSLY. PLANNING & ZONING COMMISSION MEETING AUGUST 8,2001 PAGE 2 Proposed 1002 Foreclosure Sale- Determination if proposed parcels needed for public purpose. City Engineer La Shot reported the Parks and Recreation Commission made a recommendation that parcel #4710104 at 807 Peninsula Avenue be retained for public purpose. La Shot added, the parcel is next to an existing park that could be expanded if the lot was retained. Commissioner Nord asked about the right-of-way and La Shot replied there is no road going between the park and the parcel in question. MOTION: Commissioner Bryson MOVED to dispose of the lots with the exception of the parcel at 807 Peninsula Avenue which can be attached to the existing park in the event of a vacation of the right of way. Commissioner Erwin SECONDED the motion. VOTE: I Nord Yes Morse Absent Yes Emrin Yes Bryson i Goecke Yes Jackman Glick Yes Yes MOTION PASSED UNANIMOUSLY. T-do Discussion of KPB Ordinance 2001-29, An Ordinance Amending KPB Chapter 2.40 Regarding Planning Commission Membership and Apportionment. Commissioner Bryson explained the purpose and the necessity of the proposed ordinance change to bring balance to the Borough Planning Commission. He noted, currently the Commission is required to have one member from each first-class and home-rule city'to enable the Commission to comply with apportionment requirements without increasing the membership. Bryson indicated that increasing the membership would be unmanageable. ITEM 8: PENDING ITEMS -- None ITEM 9. CODE ENFORCEMENT-- None ITEM 10: REPORTS 10-a. City Council- Councilman Bannock provided a report from the City Council's August 1,2001 agenda that was included in the packet. Discussion took place on the Five Irons Heights performance bond. Councilman Bannock explained the successful and only bidder, Sean Anderson, questioned the requirement of the PLANNING & ZONING COMMISSION MEETING AUGUST 8,2001 PAGE 3 performance bond which would assures the City the required work would be completed. Bannock added, the cost of the bond was $5,000 and could have affected the appraisal of the property. Commissioner Jackman asked if anyone purchasing property within the City would be required to provide a performance bond. Bannock replied these bonds Would be required for specific developments and also noted this was not required by ordinance but by the wishes of city council. 10-b. Borough Planning- No report. 10-c. Administration- No report. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. Draft Ordinance amending KMC 9.10 ~Lawyer's Weekly" Article, "Landlords Cannot Stop Tenants From Installing Satellite Dishes" City of Kenai Building Reports- Year to Date 2001 ITEM 13: COMMISSION COMMENTS & QUF~TIONS Commissioner Nord agreed with Bannock and thought the appraisal for the Five Iron Heights lot would consider the cost of the bond. ITEM 14: ADJOURNMENT MOTION: Commissioner Glick MOVED to adjourn. There were no objections. SO ORDERED. The meeting adjourned at 7'45 p.m. Respectfully submitted, Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING AUGUST 8,2001 PAGE 4 AGENDA KENAI CITY COUNCIL- REGULAR MEETING AUGUST 1, 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 *Ail items listed with an asterisk (*) are considered to be roUtine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) le Chris Degernes, Parks/h Outdoor Recreation -- Boat Launch Ramp ITEM C: PUBLIC HEARINGS o Ordinance No. 1922-2001 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund Fire Department for a Donation From Unocal Oil & Gas and the Kenai Fire Fighters Association to Purchase Equipment. . Resolution No. 2001-59 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete. . Resolution No. 2001-60 -- Awarding the Bid to Seekins Ford for an Airport 3/4-Ton 4x4 Extended Cab Pick-Up Truck for the Total Amount of $24,701 and to Kenai Chrysler Center for a Building Department Utility Vehicle for the Total Amount of $22,048. , Resolution No. 2001-61 -- Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. ITEM D: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 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 aa Visitors Bureau Board c. Alaska Municipal League Report ITEM E: MINUTES o *Regular Meeting of July 18, 2001. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS o Bills to be Paid, Bills to be Ratified . Purchase Orders Exceeding $2,500 . *Ordinance No. 1923-2001 -- Increasing Estimated Revenues and Appropriations by $3,562.50 in the General Fund for Police Department Tools. . *Ordinance No. 1924-2001 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Comprehensive Plan Capital Project Fund for an EDA Grant. . *Ordinance No. 1925-2001 -- Amending the Kenai Municipal Code by Adding Chapter 8.20, Prohibiting the Use and Sale of Fireworks Within the City, Except for Authorized Fireworks Displays. 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- REGULAR MEETING AUGUST 1,2001 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 7'03 p.m. in the Council Chambers in the Kenai City Hall Building. A-lo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL ,,, Roll was taken by the City Clerk. Bannock and Williams. Present were: Bookey, Swarner, Moore, Porter, A-3. AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AS: B-2, Sean Anderson, Five Irons Subdivision/Performance Bond SUBSTITUTE: H-2, Purchase Orders Exceeding $2,500 -- Addition of purchase order to Brown Agency for Builders' Risk Insurance for the ARFF/SRE facility. ADD TO' 1-2, City Manager's Report MOTION: Councilwoman Swarner MOVED to approve the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED to approve the consent agenda as presented.. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B- SCHEDULED PUBLIC COMMENTS (10 minutes) B-1. Chris Degernes, Parks/h Outdoor Recreation -- Boat Launch Ramp KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 2 Williams and Degemes reviewed the history of adding a boat launch facility at or near Cunningham Park. Williams noted the boat launch proposal transpired through some conversations he and Councilman Bookey had with several legislators in Juneau and who were very interested in adding a boat launch in the lower fiver. Information was compiled and sent to Representative Mulder and consequently $350,000 was funded for purchase land for development of a boat launch on the lower river (Tract 1, Horseshoe End at River Bend Subdivision, several lots upstream from Cunningham Park). Degemes noted earlier attempts by the city to develop a boat launch on. the Chester Cone property, upstream from Cunningham Park. Due to opposition by permitting agencies and their concern for damage to the wetlands, that development did not take place, however the Pillars site was identified and developed. Because the upgrade done to Cunningham Park removed the boat launch that developed over the years, there were complaints and discussion followed on how the launch could be replaced. She noted there was some initial opposition to the development of the Horseshoe lots due to the wetlands across the front of the property and a difference of vegetation, and because the property proposed for development of a launch by the city several years ago was denied due to the same concerns about damage to wetlands. They then started looking for another site for a launch and identified the Wild Rose Subdivision lots. In discussing a different site with Representative Mulder, he noted that if a better place could be identified and would meet the needs, he would work to make the appropriate changes to allow the transfer of intent. Degemes noted that if there was significant opposition from the city in regard to the purchase and development of the Wild Rose properties, it would be good to know early. She noted benefits to these properties as 1) there are no wetlands; 2) the properties are immediately contiguous with Cunningham Park (they will want to consolidate public access); and 3) it would allow expansion opportunity for Cunningham Park. Challenges with the site were identified as 1) a really thick peat underlying the ground surface; 2) a steep bank that would require a bigger cut through the riverbank and stabilization for development of a boat launch; 3) trespass/increased traffic concerns voiced by neighbors; and 4) changes affecting historical users of Cunningham Park. Degemes asked if there were any specific concerns from council and whether they would authorize the city maintaining the launch if the state is successful in purchasing the property and then designing and constructing the launch. Council and administration questions and comments included: · Would the two facilities share a parking lot? Early thoughts are to share a common entrance and have separate parking and restrooms, boat ramp access with or without a stair access (depending on how bank fishing and boat traffic can be accommodated). KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 3 · Previous designs of a boat launch area developed by the city may be considered for incorporation into the state's design. Whether the city would want to maintain the facility and if the Parks & Recreation Department could take on the added responsibility. It was noted administration did not think the boat launch would generate that much more of an impact. Whether a fee could be collected for use of the facility. Degernes stated she did not think there would be opposition as the state charges a fee at the Pillars and the earlier it is noted there will be a fee structure, the better and would be comparable to private business launches. · Concern that a boat launch would interfere with the Cunningham Park user groups and perpetuate a conflict of the users. Degemes noted that was an important factor and suggested, an initial design could be brought to council nOting the concerns and then take it to the public for additional comments. · Maintenance of the facility would not make a large impact on the Parks Department and if additional restrooms are included in the design, there would be less concern in regard to impact to Cunningham Park. · Property on the other side of the river was discussed, however it was found its development would be more challenging, needing a road, a lot more work and additional financial support of the Legislator. It was not known if that support ,,would be attainable. Exploration of development on the other side was requested. Copies of a recent Board of Adjustment hearing in regard to development along the river, traffic along Beaver Loop Road, etc. was requested to be forwarded to Degernes. · The launch would be used for both drift and powerboat access and probably heavily used during dip net season. · Anticipated funding sources would be federal and Kenai River Sportfishing Association and construction would probably be in 2003 if there is extensive public support. The active planning process would begin during the winter of 2002. No opposition to the project was stated, however the design of the facility should incorporate public input and council comments regarding impacts to user groups. Sean Anderson -- Five Iron Heights Subdivision/Performance Bond Anderson requested council remove the sale requirement that a performance bond be purchased for the development of Five Iron Heights SubdiVision, explaining the way the bond is written by the insurance brokers, puts the developer in double jeopardy (another bank note on the performance bond). He noted he had suggested another possibility to the city manager during a meeting he had with her and the city attorney, i.e. revert ownership back to the city and any improvements, however that was declined. He also suggested an ordinance be put in place requiring anyone buying property (raw land} from the city to purchase a performance bond as well. Anderson KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 4 reported the funding was in place and the only issue holding up the sale was his discomfort with the purchase of the performance bond, which is not an insurance policy for him. Discussion followed where Anderson was asked why he did not feel the cost of the bond could not be itemized back to the project. Anderson answered, he could in the end of the project, but because he is funding the project and in the upfront phase (placing utilities and road), he would not make a profit in developing the land. Bookey stated he felt the deal was made and should be continued. If Anderson wants to remove himself from it, that could be done. Attorney Graves explained, when the deal was structured, it was administration's understanding the council wanted to make sure the property would be developed and not held by a developer. To do that, there were two options: a reversionary agreement (develop within a period of time or it reverts back to the city) or a performance bond (if the buyer doesn't develop it, the bond company will). In regard to the reversionary agreement, if the deal goes bad, the property could be returned and be heavily encumbered with liens, etc. and the city would have to fulfill the liens in order to get the property returned. There is no way to contract away a third parties' right to file a statutory lien. The bond would guarantee that ff the developer didn't develop the property, the bond company would step in and do it. City Manager Snow noted Anderson was correct in stating the performance was not an insurance policy for him; but it would be for the city. She added, she thought Anderson had a legitimate concern that all developers be treated similarly. Councilman Bannock stated he agreed the performance bond is a cost of developing the property. However, he explained the appraisal did not include the requirement of the performance bond and suggested the value of the property might have been different if the performance bond requirement had been included. Anderson suggested the requirement of the bond refer to only those items the city maintains (water and paving the road) and not the telephone, natural gas, and power. He would absorb the costs of the placement of utilities if he was unable to complete the project. Williams explained the council's concern that the city and taxpayers be protected from litigation and encumbrances that could develop ff a default happened. He added, if the city can be protected and Anderson is comfortable in his development program, he wanted the project to go forward. However, he did not want the city to jeopardize itself again. Bookey stated he wanted the project to go forward, but agreed with Williams the situation could potentially be another Inlet ~Voods and did not want that to happen. He added, he believed council always wanted a performance bond. Graves stated, KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 5 from the beginning there was always going to be a structure where the city would be protected. Graves added, during their meeting with Anderson, they stated they were protecting the city because of two other development deals that went bad in the past and ended costing the city. Councilwoman Swarner stated she was not willing to eliminate the performance bond requirement, but agreed the requirement should be in an ordinance. She questioned the policy of the city if Anderson decided to return the land to the city. Graves explained there had been several ways in the past due to the specific sale agreements. Anderson reiterated he had no objection to a required performance bond for the labor and materials as he wanted to go forward with the project, but wanted only the performance bond to cover the water and road. It was noted the utility companies require payment upfront and then the developer is rebated back. Williams stated he understood the desire not to include the utilities in the performance bond and that the city's cost would only be the water and road paving. Bookey disagreed because development of the road and water would be directly tied to the development of the utilities. He added, the performance bond was required in order to cover the city and .its taxpayers. Williams asked if the development of the utilities, water and road be separated and still protect the city's interest. Graves stated it would be more a policy call than legal because if the utilities are not developed, there could be lien issues, etc. He suggested the appraiser could be contacted and asked if the requirement of the bond was factored into the cost analysis and if not, do it and see what the value would be. Anderson stated he asked the city manager during their meeting if the city would reimburse him for the cost of the bond or drop the price of the land. He explained the cost of the bond would be $5,000. Williams suggested the city could pay for the cost of the bond, if it was a deal maker or breaker. Bannock stated that was what he thought should be considered as he thought the value of the land would have been adjusted due to the cost. Bannock noted he voted against the sale because the bond requirement was not an ordinance and the requirement was made for this sale after the appraisal was completed. He suggested that ff the appraiser agrees the value of the land would have been less if the bond requirement was included, the amount of the bond be rebated, discounted, etc. Bookey stated his concern that if the cost of the bond was that critical to moving forward with the project, he believed the whole project was in trouble. He added, a liability insurance is part of the cost of a project and felt council should move on. Swarner asked if performance bonds were required in other developments of the city. Public Works Manager La Shot answered, yes and in private land development, if the contractor wants to plat the property and begin selling lots prior to development, a bond is required or other security. Swarner agreed with Bookey the project should move on. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 6 Williams explained it appeared the council didn't want to move from its position that the sale is the sale at the price of $23,500 and he would be responsible for the performance bond to protect the city in the transaction. Anderson stated he would have to' think it over and if the city includes the requirement in an ordinance, he may reconsider. MOTION: Councilman Bannock MOVED that the city administration be directed to contact the appraiser to establish an appraised value of the performance portion of the required bond and that that dollar amount be discounted from the bid price. Williams suggested the motion be made into two; one to seek out a new appraisal based on the reduction in value commensurate with the bond; and then the discounting. Bannock struck the discount and price. RESTATED MOTION: Councilman Bannock MOVED that the city administration be directed to contact the appraiser to establish an appraised value of the performance portion of the required bond. Councilwoman Porter SECONDED the motion. Bannock explained that the $5,000 is greater than 20% of the $23,500 and he felt that represented a large amount and if the motion passes and the appraisal comes back at a lesser amount, he believed Anderson had a legitimate point. Moore asked what criteria would be given to the appraiser to value the bond. Graves explained Anderson would ask his bond company to contact the appraiser and confirm their price for the bond, including the requirements the city wants the bond to cover. Moore stated he understood Bannock's concern but wasn't committing to making any changes as he believed appraisals, are subjective. Bookey stated his concern in doing that was that bonding is based on financial abilities. Swarner stated she disagreed with the city holding the performance bond and asked if lowering the price of the land, which had been advertised and sold, would be illegal. Graves answered, because it was a public auction, those issues' would have to be examined and could be a big hurdle. Finance Director Semmens stated his concern with the city buying the bond as the city would have to put up collateral to the bond company and if the contractor fails to perform, the city would be held liable. Graves explained the city would pay for the premium only and the developer would have to collateralize and secure the bond. Porter asked Anderson if this was one of the things he wanted council to do and Anderson answered, yes it was one of the alternatives he suggested when meeting with KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 7 the city manager and city attorney. Porter asked the timeline involved in contacting the appraiser, etc. and Graves answered the appraiser would be contacted and asked what would be required to have done what the city asks, if the motion is passed He added, he didn't think a reappraisal would be needed, but perhaps the cost of the bond could be factored in and possibly offer a supplemental letter of opinion. Moore asked if the sale was official and Snow answered no, Anderson had not signed the Installation Agreement (part of the sale documents required is the performance bond). Bookey stated he wanted to maintain the deal that had been struck and agreed to previously. Bannock stated the deal had not changed because the city changed the requirements (the appraisal did not refer to the requirement of the Performance bond). Bookey noted, at the time of the negotiations and before it went to sale, it was understood by both parties there would be either a performance bond or reversionary clause. Williams asked Anderson if there were any other reasons he would not want the sale to go. through other than the concern about the performance bond. Anderson answered no (including some kind of reimbursement to him and following through with an ordinance). Williams asked if he would come back and hold the city to the ordinance in order to make the deal go forward and Anderson answered no if there would be some kind of reimbursement of the cost for the bond. Williams stated he would support the action because he wanted to see the deal made, however, when looking at a $5 million project, $5,000 seemed to be an insignificant portion of it. Moore asked, if the motion is passed, when would Anderson begin his construction. Anderson answered it could begin this construction season, depending on the outcome of the motion and the ava/lability of contractors, etc. He noted, the agreement specifies the development would need to be completed within two years of the date of closing. ~ VOTE: Bookey: Porter: No I Swarner: Yes Bannock: No t Yes Williams' - Moore: No Yes MOTION FAILED. Williams noted the prevailing side is the "no" side and asked if there was anvone who voted no that wanted to reconsider. There were no requests for consideratic~n. Bob Favretto -- P.O. Box 7672, Nikiski. Stated his concerns with the actions taken by council and expressed his belief that economic development was moving forward and not backward. BREAK TAKEN: 8:24 P.M. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 8 BACK TO ORDER: 8:40 P.M. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1922-2001 -- Increasing Estimated Revenues and Appropriations by $1,000 in the General Fund Fire Department for a Donation From Unocal Oil & Gas and the Kenai Fire Fighters Association to Purchase Equipment. MOTION: Councilwoman Swarner MOVED to adopt Ordinance No. 1922-2001 and Councilman Bannock SECONDED the motion. There were no public or council comments. VOTE: Bookey: Porter: Yes Yes Swarner: Bannock: Yes Yes Moore' Williams: Yes Yes MOTION PASSED UNANIMOUSLY. C-2. Resolution No. 2001-59 -- Declaring Equipment, Supplies and Materials Surplus or Obsolete. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-59 and requested UNANIMOUS CONSENT. Councilman Bannock SECONDED the motion. There were no public comments. Councilman Moore asked if anyone was concerned with selling knives, which were included on the list. There were no concerns stated. Councilman Bookey questioned the sale of the screening plant and reasons for its sale were explained as: · The plant didn't have the capability to screen the sand (used on the runways) to FAA requirements; · There is no longer a sand source on city property; · Sand and top soil were now being purchased. · A minimum bid would be requested for the plant. Bookey noted the screening plant had a low amount of hours of use and to replace it would be very costly. He stated his concern there could be use for a screening plant in KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 9 the future, to purchase another plant would be very cosily, the plant Couldn't be replaced for what will be received for it at auction, and this one could be Stored outside for a long time without it being harmful. A brief discussion followed. ' MOTION: Councilwoman Porter MOVED to hold onto the screening plant and Councilwoman Swarner SECONDED the motion. It was suggested Administration reexamine the possibility of using the screening plant and it was noted by Airport Manager Cronkhite the determination to include 'the plant for auction was discussed by personnel from Public Works as well as the airport. They felt it would be more cost effective to buy sand and top soil. Public Works Manager La Shot added that if the city had its own sand source, it would be better to keep the plant. VOTE: '~ ~'There were no objections to removing the screening plant from the list of auction- items. 'VOTE ON AMENDED LIST: There were no objections. SO ORDERED. C-3o Resolution No. 2001-60 -- Awarding the Bid to Seekins Ford for an Airport 3/4-Ton 4x4 Extended Cab Pick-Up Truck for the Total Amount of $24,701 and to Kenai Chrysler Center for a Building Department Utility Vehicle for the Total Amount of $22,048. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-60 and requested UNANIMOUS CONSENT. There were no public comments. Bannock requested to abstain from the vote on the resolution due to a potential conflict of interest. Williams stated he would separate the issue and allow Bannock to vote on the first part of the motion (award to Seekins Ford). VOTE ON AWARD TO SEEKINS FORD: There were no objections. SO ORDERED. VOTE ON AWARD TO CHRYSLER CENTER: KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 10 There were no objections. SO ORDERED. C-4o Resolution No. 2001-61 -- Establishing the Authorized Signatures for Withdrawal From Depositories of Municipal Funds. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2001-61 'and requested UNANIMOUS CONSENT. There were no public comments. Finance Director Semmens explained the number of signators is a matter of convenience and internal control (directed by code). VOTE: There were no objections. SO ORDERED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Councilwoman Porter reported the following: · Roger Meeks recently resigned from the Council on Aging. She requested applications be brought forward for review to fill the position. · Noted invitations to the 30-year anniversary Senior Center celebration were distributed and reminded council to R.S.V.P. D-2. Airport Commission -- Councilwoman Swarner reported: · The Air Fair was successful with 14 pilots/lying the poker run. It was also noted approximately 200 people were fed at the barbecue in Soldotna and the breakfast served in Kenai was also successful. D-3. Harbor Commission -- Councilman Bookey noted the next meeting would be held on August 6. Williams requested Bookey to discuss the membership needs with the Commission and emphasize their continued involvement with the bluff erosion project. It was also noted the permit applications would be filed shortly and a representative from Petratrovich, Nottingham & Drage {PND} would be attending a future council meeting to report their progress. When that happens, it was requested the Harbor Commission be informed in order to attend the meeting. D-4. Library Commission -- Councilman Moore reported the next meeting was scheduled for August 7. D-5. Parks /h Recreation Commission -- Director Frates reported the next meeting was scheduled for August 3. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 11 D-6. Planning/l~ Zoning.Commission -- Councilman Bannock reviewed actions that were taken at the Commission's meeting of July 25 and noted the minutes of that meeting were included in the packet. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Councilwoman Swarner noted an application was included in the packet from Dorothy Tunseth who was reapplying for membership for the vacant seat on the Committee. There were no objections to Mayor Williams request she be appointed. Kenai Convention/h Visitors Bureau Board-- No report. D-7c. Alaska Municipal League Report -- No report. ITEM E: MINUTES E-lo Regular Meeting of July 18, 2001. ITEM F: CORRESPONDENCE-- None. ITEM G: OLD BUSINESS-- None. , ITEM H: NEW BUSINESS H-I. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills exceeding $2,500 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. i-2o Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED for approval of the purchase orders exceeding $2,500 using Substitute H-2. Councilman Bookey SECONDED the motion. Councilman Moore noted he was a relative to the owner of Moore's Landscaping but received no benefit from the relationship. No conflict was noted. The purchase of Builders' Risk Insurance for the Airport ARFF/SRE facility was explained as part of the contract specifications and would protect the city as well as covering possible loss of contractor and subcontractor on-site materials. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 12 VOTE: There were no objections. SO ORDERED. i-3o Ordinance No. 1923-2001 -- Increasing Estimated Revenues and Appropriations by $3,562.50 in the General Fund for Police Department Tools. Introduced by consent agenda. H-to Ordinance No. 1924-2001 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Comprehensive Plan Capital Project Fund for an EDA Grant. Introduced by consent agenda. H-So Ordinance No. 1925-2001 -- Amending the Kenai Municipal Code by Adding Chapter 8.20, Prohibiting the Use and Sale of Fireworks Within the City, Except for Authorized Fireworks Displays. Introduced by consent agenda. ITEM I: ADMINISTRATION REPORTS I-1. Mayor -- Mayor Williams reported the following items: · Attended a dinner hosted by Agrium, Inc. and their Board of Directors. He noted, Agrium is urging the state to continue the development of the gas pipeline into the Cook Inlet basin. · Industry Day picnic will be held on August 25 and Senator Murkowski will be attending. Because of other commitments, the council wouldn't be able to have a discussion with the Senator as has been done in the past. However, he suggested one or two of the council could accompany him (Williams) to the airport and speak with the Senator during the ride to the picnic. 1-2. City Manager -- Refemng to her report added to the agenda, City Manager Snow reported the following: · The Borough had appropriated $75K for additional development work on the West Side Recreational Use Area project and would, at some future point, request active support and participation from the city to advance the project. · She met with the Director and Assistant Director of PRISM who requested having regular meetings with them to continue monitoring their activities. · Brushing work at Municipal Park had been done, however she requested direction from council as to how much more improvements they were wanting for the Park. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 13 · Administration would like to apply for Department of Natural Resources 80/20 federal matching grant funds for improvements to Municipal Park, i.e. environmental restoration of the old campground area, landscape architectural work to provide improvement alternatives, etc. Snow requested direction from council whether to go forward as a resolution in support must be included w/th the grant application. · .Reported she and former City Manager Ross met with a Fish & Game representative to continue the negotiations for the State's purchase of a conservation easement by the city dock. As part of the project, they discussed the possibility of a bird-viewing platform in the area along the left side of the dock road. Fish & Game submitted a proposal to the Exxon Valdez Trust for funding for the platform. The proposal has been accepted but not awarded as they want to learn if there is community support for the project. She requested direction from council whether a resolution in support of the project be prepared for their consideration. Porter stated her support of the park issues and suggested council direct Snow to prepare resolutions for council's consideration. She also noted she was delighted Municipal Park had been opened up and exposed and believed it woUld become more usable. Porter stated she would like council to direct administration to continue with the effort. Swarner stated she visited Municipal Park and agreed the park should be opened up but wanted to protect the native habitat (flowers, grasses, etc.). She stated she would not want the ground to be clear cut. Swarner also suggested cost information for contracting out the work be brought back to council if they agreed additional work was needed in the park. Swarner stated she also would like resolutions of support .brought forward for the other two issues. Swarner requested the Peninsula Clarion reporter publish an article in regard to the bird-viewing platform to better inform the community. Williams requested a sketch of what would be built brought back with the resolution. He asked if maintenance of the platform would fall to the city. Williams noted there was maintenance needed on the existing viewing platform along Bridge Access Road. Discussion followed regarding clear cutting at Municipal Park and it was noted when clear cut, the lower ground cover grows better. Parks & Recreation Director Frates stated he believed what had been done was a vast improvement and suggested cutting back the growth along the sides of the road in the park. Williams requested administration further investigate and report back. Council had no objections to continuing efforts in regard to the bird viewing platform and requested resolutions be brought forward. KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 14 Williams also noted he forwarded some information to Snow in regard to having new photographs taken of some of the city's facilities for hanging in the city manager's office. I-3. Attorney -- Attorney Graves reported the following: * He met with the owner of Jim's Towing and discussed the city's concerns (storage of junk in the front yard and screening the fence) with him and he is willing to comply with the issues. A subsequent meeting with the Building Official would be set for a walk-through and further discussion of compliance issues with the owner. · Administration met with the owner of RPMs and he was informed substantial improvements were needed to his property by Friday or the city would seek enforcement action with the courts. · He would be out of the office for a few days and would return on Monday, August 6. Swarner noted there was a vehicle in the right-of-way at the Jim's Towing property and asked how long it would be there before the city takes action. Graves stated vehicles parked in rights-of-way are referred to the Police Department. Chief Morris noted, after receiving a complaint, they confirm whether the vehicle is in the right-of- way and then make notification to the owner. I-4. City Clerk -- City Clerk Freas noted the following: * She received a request from the Visitors Center to ask council if they were wanting to compensate the Center for lost revenue from visitors of the art show during the city manager reception. Council offered no support of the request. · It was the first day for petitions to be taken out for mayor and council seats. She noted two citizens had taken petitions out for mayor, three for the council two-year seat and two for the three-year seats. I-5o Finance Director-- No report. 1-6. Public Works Managers -- No reports. Bookey asked if the old street lights along Forest Drive would be removed since there were new lights placed with the road's upgrade. Bookey also asked when the road project would be turned over to the city. Public Works Manager La Shot noted a final walk-through was needing to be held and there was an extensive punch list. After those items are remedied, the city would take over the road's maintenance. Bookey suggested the old lights could be removed and perhaps used in other areas of the city. 1-7. Airport Manager-- Airport Manager Cronkhite reported: · She is working with the VISTA volunteer through the EDD to acquire artwork for the terminal. She also noted the Parks Service would be updating their displays in the terminal. KENAI CITY COUNCIL MEETING AUGUST 1,2001 PAGE 15 The landscaping efforts in the cemetery would be continUing. She invited council to participate in the identification of areas needing additional landscaping and where new trees are to be planted. Cronkhite noted she was also working with the Borough Spruce Bark Beetle representatives and logging companies in regard to tree removal on the property across the street from the airport as well as the remaining airport property. She noted that information would probably be brought to council at their next meeting. ITEM J: DISCUSSION J-1. Citizens Randy Daly-- 108 Deepwood Court, Kenai. Daly gave a progress update for his business and stated his appreciation of the involvement the council makes in the community. J-2. Council Bookey-- No comments. Swarner -- * Reported she attended a meeting with Kenaitze Indian Tribe representatives in regard to options for their health clinic {stay at current location and enlarge, move to a new location, use property in vicinity of new youth detention facility, etc.). Williams reported the representatives were going to discuss their options with their board and he had received no response to date. Reported a motor home was parked by the signs close to the Senior Center for some time and requested it be investigated. Moore -- Stated he had. been by the bird viewing platform on Bridge Access Road and agreed it needed some maintenance work. Porter-- * Noted an old school bus was parked along the Erik Scout Park area and requested the Police Department investigate its ownership, etc. Bannock-- No comments. Williams -- Reported he met with strategy team representatives working for the Central Peninsula General Hospital who are evaluating long-term medical services in the Peninsula area for planning future growth, etc. They toured medical services, property, etc. Williams noted the volunteer board that directs the hospital was under contract with the borough and that the contract would be coming up for review during the year. He noted, there is some urging from the community for the borough mayor to take a decisive position in regard to renewing the contract or find another medical group to run the hospital. Williams suggested council monitor the situation because KENAI CITY COUNCIL MEETING AUGUST 1, 2001 PAGE 16 the current board had not come to a conclusion of the future direction of the hospital. He added, the board is also urging council to encourage doctors to relocate to the area. EXECUTIVE SESSION- None Scheduled ITEM K: ADJOURNMENT The meeting adjourned at approximately 9'55 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk z~ IJ.I ~ < < 0 0 0 0 U.I I.U Z 133 I&l ~ 0 n,' 0 _- rn 12. I-.- Z LU O LC) n,' n,' 0 0 0 0 UJ IJJ T -r' 0 o 0 o ,',' I_~ 0 m m "r 0 0 0 0 0 0 0 0 0 0 0 0 0 z !-- ~ z 0 o o "' "' I I < l.U ~ v 09 i-- .u Z n- W LU 0 _0 0 - ~ ~ > n, 0 o~ n uJ Z uJ ~ n, < ~ n, ~ 0 w ~ -J D v~_ 0 C~ w o~ w> _ -- --~ [u m z z <o > z n- zn uJ ~ o= I ! I.U I < < 0 ~ o U.! × ~ > 0 Suggested by: Administratio City of Kenai ORDINANCE NO. 1926-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING A $1,500 DONATION FROM THE KENAI ELKS LODGE #2425 FOR RECREATIONAL EQUIPMENT. WHEREAS, the Kenai Elks Lodge #2425 has generously donated $1,500 to the City for the purchase of recreational equipment; and WHEREAS, the City appreciates this donation and hereby apprOpriates the funds to be used to purchase recreational equipment. 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: Miscellaneous Donations $1,500 Increase Appropriations' Recreation - Small Tools .500 · PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (07/27/01) jl Introduced: Adopted' Effective' August 15,2001 September 5, 2001 September 5, 2001 Suggested by: Administration City of Kenai ORDINANCE NO. 1927-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED' REVENUES AND APPROPRIATIONS BY $6,400 IN THE GENERAL FUND FOR A LIBRARY GRANT FROM THE STATE OF ALASKA. WHEREAS, the City received a $6,400 grant from the State of Alaska; and WHEREAS, the administration's recommendation is to use the money to buy books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Grants - Library $6,400 Increase Appropriations: Library- Books $6,400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: {08/06/01) jl Introduced: Adopted: Effective: August 15,2001 September 5,2001 September 5, 2001 Suggested by: Administration CITY 0 F KENAI ORDINANCE NO. 1928-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN FORECLOSED PROPERTIES ARE NOT NEEDED FOR PUBLIC PURPOSE AND MAY BE SOLD. WHEREAS, the City of Kenai has acquired parcels of land through tax and sPecial assessment foreclosures; and WHEREAS, the City Administration has selected the parcels that appear on Exhibit A, which is attached to this ordinance, as those that should be sold pursuant to local ordinances and State statutes. WHEREAS, KMC 22.05.010 states, "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose." NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain foreclosed properties are not needed for public purpose and may be sold. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of September 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk (8/8/2001)kh Introduced: Adopted: Effective: August 15,2001 September 5,2001 October 5,2001 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ M emoranClum Date' To' From: August 9,2001 Linda L. Snow, City Manager Kim Howard, Assistant to City Manager-- Ordinance No. 1928-2001 -- Yindin[ that Certain Foreclosed Properties are Not Needed for a Public Purpose and can be Sold If passed, O-rdinance No. 1928-2001, along with its Exhibit A, is Council's determination that certain foreclosed properties are not needed for public purposes and may be sold. The maps attached to Exhibit A of the Ordinance identify the specific properties. The Parks and Recreation Commission and the Planning and Zoning Commission reviewed the list and attached maps. Their recommendations were that the first parcel be retained for public purpose. It was suggested that Old Town ?ark could be expanded in the future to include this parcel. This property has a burned trailer on it. If it is retained the City would be responsible for the abatement. The adjacent property owner of the first parcel has notified, me that he is interested in purchasing the properW. He has stated he would be willing to abate the properW as a condition of sale. If Council chooses to remove this parcel from the list, an ordinance declaring it is needed for a public purpose can be prepared. Adoption of Ordinance No. 1928-2001 will authorize a sale. A draft sale brochure is scheduled to be included in the packet for the September 5th meeting. A sale could be scheduled after the effective date of the Ordinance, October 5th. Attachments /kh 'IS '_LS aa OI, g ~' 0 ~o 1,09 'X '\ OO9 LOg LC) AVMCIVO~E! 0 Z' LLJ O_ 609 _ . '18 NIV~ oog ~og 0 0 gO9 '18 NIVIA! ,, ~f"IdZ¥O"l_.-! (~-96 S~ NN) o HO~liG 3~iHM <( m (.} n, . '~Cl HO~IIEi NVC)~O~ !'1'~ ~ 'Z s~lov ~ ~ NOSNVMS '1Y !NHOr 9Nt~Z-la--] 03. ~ I ~ o 0 '-J 0 0 0 TERESA ST. R CANDLELIGHT DR. LINWOOD LN. HOSTETTER-WILLIAMS PINEWOOD LN. EJI~DD~, N(~.I1 )>1 , SHELIKOFF ST:' (KN RES 96-35) % Z BAKER ST. ,% Z m~ HilGHBUSH LN. 66C / /,/~ / / ,, ~OC ioo COg 'N ........ " ..... - ~. " ~ ~" /' ~~ /" ',. 0 ',, ...-' ",.~ ,.-'".,.. ~ ",,... -'"" ~J -"" .... '"'z ~ ~ ""', -"' ..... ,-"'"' "'., ~ / '/' --' .... ~'~ -'~ o, .... ' ~J ' .... . ", 0 ' ..." ." , .- x ~ ~ ~.. ~ .." . .- , · -.' 7~, ..,- _ ~ ...... ...~ , ~L...,,, " ''V '- -" ~ . , . ~ ~ ..- ~ ~. ~ .. .~ ..... .' ~ "...~'., ~ ....... :-- ~,L,~.. .,.~' ~ .--' ~ - - WALKER ~NE ~ ot ". ~ '~- STERLING , ~-,. j ; , , , ,. "~.~- '~ ~ , ~ j~ ..... : .. .._ L _ > ~ > ~ ~ 0 0 0 0 ~ ") 0 0 0 0 u 'ON 'N,QQV HALLER. ST. .! PORTION OF GOV"I'. LOT 20 , , McKINi.EY ST. EADIE'S V~ NORTH GILL ST. u"') 0 z' ( Ol .. 0 · ---! -"' C)~ O3: FOREST DR. .,, ,.-~ 'd'l'^ t.L, S'~ NON 'd'l'^ :~3>lOIdM08 ;o i t J~ O. '~Ci O-ISII-IHOI~I i 'N-1 V-I-1VH-IYA i ! ,- ill .r I AVM Sq"i3M Suggested by: Administration CITY O F KENAI ORDINANCE NO..1929-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE REQUIREMENTS IN KMC 9.10 REGARDING COLLECTION AND DISPOSAL OF GARBAGE/REFUSE IN THE CITY OF KENAI. WHEREAS, currently KMC 9.10 requires that residents of the City of Kenai use commercial garbage/refuse services; and WHEREAS, many residents of the City take their own garbage/refuse to the Borough landfill or the local transfer site; and WHEREAS, the requirement that Kenai residents use collection has not been enforced for many years; and commercial garbage/refuse WHEREAS, changes need to be made in the types of garbage receptacles required; and WHEREAS, abatement procedures for uncollected garbage need to be added to the code that would allow the City to bill the property owner for clean-up costs and assess the costs as a lien on the property if unpaid. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, Alaska, that Chapter 9.10 is amended as shown in Attachment A. PASSED BY THE September, 2001. COUNCIL OF THE CITY OF KENAI, ALASKA, this day of John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: August 15, 2001 September 5, 2001 October 5, 2001 · Title 9 GARBAGE AND OTHER REFUSE GENERAL PROVISIONS 9.10.005 Definitions. Those definitions specified in Kenai Peninsula Borough Code Section 10.04.010 are hereby adopted by reference herein. Unless otherwise provided or the context otherwise requires- [(a) "INCINERATOR" MEANS ANY EQUIPMENT, DEVICE, OR CONTRIVANCE, EXCLUDING FIREPLACES AND BURN BARRELS, USED FOR THE CONTROLLED THERMAL REDUCTION OF SOLID WASTE;] La.] [(B)] "Landfill" means a land area used for the disposal of solid waste; (b) [(C)] "Solid Waste" means all unwanted or discarded solid or semi-solid material whether putrescible or non-putrescible, originating fi'om any source, including but not limited to garbage, paper, wood, metal, glass, plastic, rubber, cloth, ashes, litter, and street sweepings, de-watered sewage, sludge, dead animals, offal, .junked vehicles, and equipment, material and debris resulting from construction or demolition projects, abandoned and decaying structures, and hazardous wastes; [(d) "PUTRESCIBLE WASTE" MEANS MATERIAL CAPABLE OF BEING DECOMPOSED SO AS TO CAUSE NUISANCE OR OBNOXIOUS ODORS;] [(e) "HAZARDOUS WASTE" MEANS WASTE THAT IS CAPABLE OF CAUSING INJURY, DISEASE, IMPAIRMENT OF HEALTH, OR PROPERTY DAMAGE, INCLUDING BUT NOT LIMITED TO POISONS, PESTICIDES, ACIDS, CAUSTICS, INFECTIOUS, OR PATHOLOGICAL WASTES, RADIOACTIVE MATERIALS, EXPLOSIVE MATERIALS, AND OIL AND PETROLEUM PRODUCTS;] ~ [(F)] "Solid Waste Disposal Facility" means an intermediate disposal facility, transfer station, landfill, incinerator, composting plant, recycling, or reclamation facility or any site utilized for the reduction, consolidation, conversion, processing, or disposal of solid waste. 9.10.010 Garbage to be deposited in containers. All garbage created, accumulated, or produced shall be deposited in watertight containers equipped with tight-fitting lids. Such container shall be one manufactured for the purpose of storin~ or depositing garbage for collection. [EACH CONTAINER SHALL HAVE A CAPACITY OF NOT LESS THAN FIVE (5) GALLONS AND NOT MORE THAN 55 GALLONS, SHALL BE KEPT NEAT AND SANITARY AT ALL TIMES, AND SHALL NOT EXCEED 70 POUNDS GROSS WEIGHT WHEN FULL.] All premises shall be maintained by the owner or agent free of garbage~ rubbish~ refuse, debris and filth accumulation. If, after ten (10) days notice from the City, the owner or agent of a premises fails to correct any of the above conditions, the City may cause it to be done and have cost thereof assessed as a lien against the property. Attachment A Ordinance No. 1929-2001 Page 1 of 3 9.10.020 Householder to provide containers. It shall be the duty of every person in possession, charge, or control of any place in or from which garbage is created, accumulated, or produced, to provide and at all times keep in a suitable place [READILY ACCESSIBLE TO THE COLLECTING SERVICE], garbage containers capable of holding all the garbage which would ordinarily accumulate on such Premises between the times of successive collections. The owner of any multiple dwelling shall furnish or require his tenants to furnish proper garbage containers. Garbage containers located at multiple dwellings, if furnished by the tenants, shall be marked so as to indicate the apartment to which they belong. 9.10.030 Location of containers. No garbage containers or other containers for refuse[, OTHER THAN THOSE OF THE CITY OF KENAI,] shall be placed, stored, or located within the traversed fight-of-way of a street or alley; provided, however, that such containers may be placed on the edge of the public fight-of- way, but off the traveled portion, at specified places and times when such location is necessary for expeditious collection. 9.10.040 Refuse service by a certified carrier. Commercial refuse collection in the City of Kenai shall be provided by a refuse collection service certificated and regulated by the [ALASKA PUBLIC UTILITIES COMMISSION] Regulatory Commission of Alaska. 9.10.050 Removal to local solid waste disposal site. It is hereby found and determined that periodic collection of garbage from all places in the City of Kenai benefits all occupants of places or premises in the City; and such occupants or persons in possession, charge, or control of any place in or from which garbage is created, accumulated, or produced shall [EITHER] utilize [AND PAY FOR THE REFUSE COLLECTION SERVICE ENUMERATED IN KMC] the Kenai Peninsula Borough solid waste disposal facilities. 9.10.060 Burning or burying of refuse prohibited. [In no event may] Except as allowed by a permit issued bv the Kenai Fire DepartmenL occupants or persons in possession, charge, or control of any place in or from which refuse is created, accumulated, or produced, may not [BURY OR] bum such refuse. Burying of garbage or refuse is prohibited. 9.10.070 Time of collection. Commercial and non-commercial collection of garbage shall be made at least once a week from private residences and as many times per week as the Council may order from all other places. Attachment A Ordinance No. 1929-2001 Page 2 of 3 [9.10.080 NOTIFICATION FOR COLLECTION.] [ALL OCCUPANTS, PERSONS IN POSSESSION, CHARGE, OR CONTROL OF PREMISES AND PLACES IN OR UPON WHICH GARBAGE IS CREATED, ACCUMULATED, OR PRODUCED SHALL NOTIFY THE AUTHORIZED GARBAGE COLLECTING SERVICE OF THE CITY OF KENAI THAT COLLECTION OF GARBAGE FROM SUCH PLACE IS REQUmED.] 9.10.090 Nuisance. The keeping of garbage in containers other than containers prescribed by this chapter or the keeping upon premises of garbage or rubbish which is allowed to become offensive and noisome, shall constitute a [PUBLIC NUISANCE] violation, and may alSo be abated in the manner provided by law for the abatement of nuisances. 9.10.100 Dumping refuse in city streets. Dumping refuse in city streets, rights-of-way, or city-owned property is hereby declared to be unlawful. 9.10.110 Penalty. Any person, finn, or corporation who shall create or maintain a nuisance as defined in this chapter, or who shall violate any provision of this chapter, shall upon conviction be punished as provided for violations in KMC 13.05.010. 9.10.120 Operation of solid waste disposal site. (a) The City of Kenai hereby transfers its municipal power or authority for operation of a solid waste collection and disposal site to the Kenai Peninsula Borough. This transfer contemplates transfer of any authority it may have in, and to, the operation of the solid waste disposal site being operated by the City of Kenai on the effective date of approval by the Kenai Peninsula Borough Assembly. This transfer is accomplished pursuant to AS 29.33.250 and AS 29.33.260. (b) That the only solid waste collection and disposal sites which may be operated ~vithin the limits of the City of Kenai shall be those operated by the Kenai Peninsula Borough. Attachment A Ordinance No. 1929-2001 Page 3 of 3 Suggested by: Administratior~ City of Kenai ORDINANCE NO. 1930-2001 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $183,000 IN THE BRIDGE ACCESS/FRONTAGE WATER MAIN CAPITAL PROdECT FUND. WHEREAS, Ordinance 1920-2001 appropriated $21,000 for design of a water main project on Bridge Access and Frontage Roads; and WHEREAS, the construction phase of the project is expected to cost $183,000; and WHEREAS, the cost is shared between the General Fund and the Airport Land System Special Revenue Fund; and WHEREAS, monies are available in Fund Balance in each of these funds to finance the project. 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 $87,000 Increase Appropriations: Transfer to Capital Project Fund $87,000 Airport Land System Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $96,000 Increase Appropriations: Transfer to Capital Project Fund $96,000 Bridge Access/Frontage Water Main Capital Proiect Fund Increase Estimated Revenues' Transfer from General Fund Transfer from Special Revenue Fund $ 87,000 96,000 $183,000 Increase Appropriations: Engineering Construction $ 21,000 162,000 $183,000 -F Ordinance 1930-2001 Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5~h day of September, 2001. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (08/10/2001) jl Introduced: Adopted: Effective: August 15,2001 September 5, 2001 September 5, 2001 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Memorandum Date: To.' From: August 8,2001 ' Linda L. Snow, City Manager pM' Kim Howard, Assistant to the City Manager Special Use Permit- R & J Seafoods R & J Seafoods has requested a Special Use Permit to occupy a portion of the southeast section of the boating facility parking lot, approximately 120' x 240', tbr the purpose of boat storage. This is the same area that Snug Harbor Seafoods occupied from July 1, 1997 - August 30, 1999. Attached is a draft permit for R & J Seafoods that is similar to the terms used in Snug Harbor Seafoods' permit. R & J Seafoods will provide fencing and lighting and will pay $400 per month. The Harbor Commission discussed this proposal at their July 9th meeting and had no objections. If Council approves the draft Special Use Permit to R & J Seafoods, a permit will be prepared for si~ature. /ldl FROM ' R & J SEAFOODS Aug. 06 2.001 03'~5PM P2. PHONE NO. ' 90'7 2.83+3744 _ R & J Seafood"s P.O. Box 165 Kasilof, Alaska 99610 ph, 283-9246 fax 283-3744 : - REC'blVED - AUG ~ z. uul :-: CITY OF KEN.Al '-- ADMINISTRATI August ~, 2001 To whom it concerns: This letter is expressing interest that R & J Seafood's is interested in obtaining a Special use posit at the Kenai Cit~ dock parking lot t:~inning August 16, 2001 and running througl~ September 30, 2002. Our plan is to build a fenced boat yard 120' x 240' that wilt store boats, equipment and other fishing gear that is usod for our fishing businoss. Thank you for considering this request. Ran~eter SPECIAL USE PERMIT DATE: The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below, hereby grants to' R & J Seafoods Attn' Randy Meier P.O. Box 165 Kasiiof, AK 99610 hereinafter sometimes referred to as the PE ITTEE, the right to occupy a portion of the southeast section of the boating~ facility parking lot, approximately 120' x 240', as designated by the City Manager on the attached diagram, for the purpose of boat storage. 1. Term: This Special Use Permit shall commence on the 16th day of August, 2001, and shall extend to and through the 30th day of September 2002. The permit period may be extended by mutual consent of both parties. , Permit Fees' The Permittee, prior to the exercise of any privilege granted pursuant to this permit, shall pay a fee of $400.00 per month, plus applicable sales tax, in full payment for the use or privilege specified herein. 3. Right of Entry: Entry and occupancy is authorized as of the 16th day of August 2001. 4. Place and Time of Payments: All payments shall be made on or before the first of the month to the City Administration Building, Kenai, Alaska, or by mailing to the following address' City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, AK 99611-7794. 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. Permittee is not allowed to store bulk fuel on the premises. Permittee will not allow individuals to live on the premises. SPECIAL USE PERMIT - PAGE ! OF 4 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 arrange and pay for all the following' (a) Comprehensive general liability insurance protecting both 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. All general liability policies or endorsements thereto shall in all cases where possible name the City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. Such insurance shall be by a company/corporation currently rated "A-" or better by A.M. Best. (b) Insurance contracts providing liability insurance shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (c) Worker's Compensation and Employer's liability insurance in accordance with applicable laws. All workman's compensation policies or endorsements ther~ shall in all cases where possible contain a waiver of subrogation against the City. Such insurance shall be by a company/corporation currently rated "A-" or better by A.M. Best. 7. Forbearance: Failure to insist upon a strict compliance with the terms, conditions, and requirement 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. Removal of Property:, Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the City of Kenai, and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charges of $25.00 per day. 9. Cancellation' City reserves the right to cancel this permit or to reassign Permittee to a different location on 90 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. The parties may cancel this agreement by mutual consent at any time. Any or all personal property shall be removed at users expense upon cancellation or termination of this agreement. SPECIAL USE PERMIT - PAGE 2 OF 4 DATED this day of ,2001. CITY OF KENAI' ager PERMITTEE' R & J SEAFOODS Name Approved as to form' Cary R. Graves City Attorney Title STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of ,2001, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being per:sonally 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. SPECIAL USE PERMIT - PAGE 3 OF 4 Notary Public for Alaska My Commission Expires: STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this da 2001, , Title, SEAFOODS, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said Corporation. Notary Public for Alaska My Commission Expires: SPECIAL USE PERMIT - PAGE 4 OF 4 ii -- · ~~ x ,:/ ,~.' " ~"~ ~~.~1 ~ . , ~_ ..._i ~.~ ,,, . ~m 2,,~., . , .~, , ,&. ,.,~. ~ '~~ ~ ~. ~ ~ ~.~ ~ ., ~ - ~ '~ ~. ~ * .: ~ ~ ,,, ~ ~~~~ ~ ' ~ .. . / Introduced by: Date: Hearing: Action: Vote: 08/07/01 09/04/01 KENAI PENINSULA BOROUGH ORDINANCE 2001-29 AN ORDINANCE AMENDING KPB CHAPTER 2.40 REGARDING PLANNING COMMISSION MEMBERSHIP AND APPORTIONMENT WHEREAS, Alaska Statutes require that planning commission membership be apportioned so that the nUmber of members fi'om home rule and first class cities refleCts the proportion of borough population residing in home rule and first class cities located in the borough; and WHEREAS, all members are subject to appointment by the mayor and confirmation by the assembly, provided that members fi'om home role or first class cities must be selected by the mayor fi'om a list of recommendations submitted by. the city council; and WHEREAS, KPB 2.40.010 provides that the planning commission shall include one member from each first class or home role city of the borough, which is not required by statute, and that the number of remaining members from areas in the borough outside such cities must comply with the stamtorily required apportionment; and ., WHEREAS, if the planning commission must include one member from each of the first class or home nde cities in the borough, then five members must come from the cities and, based upon the recent federal decennial census figures, the commission would have to be increased by either two or three members to satisfy the statutorily required apportionment figures; and WHEREAS, the currem planning commission has eleven members, and a thirteen to fourteen member planning commission would be cumbersome; and WHEREAS, eliminating the requirement that the commission include one member from each first class or home role city in the borough will enable the commission to comply with statutorily required apportionment requirements without increasing its membership to thirteen or fourteen members; NOW, THEREFORE, BE IT ORDAINED PENINSULA BOROUGH: BY THE ASSEMBLY OF THE I~NAI SECTION 1. That KPB 2.40.010 is hereby amended as follows: 2.40.010. Membership-Apportionment. Kenai Peninsula Borough, Alaska New Text Underlined; [DELETED TEXT BRACKETED] 180 Ordinance 2001-29 Page I of 2 In accordance with AS [~] 29.40.020(A): A. The planning commission shall consist of [1] a maximum of eleven members [FROM EACH FIRST CLASS OR HOME RULE CITY OF THE BOROUGH AND THE NUMBER OF MEMBERS FROM AREAS IN THE BOROUGH OUTSIDE FIRST CLASS CITIES TO COMPLY WITH THE REQUIRED APPORTIONMENT] atmortioned so that the number of members from home rule and first class cities (effects the ro onion of borou h o ulation residing in home rule and first class cities located in the borough. B. The planning commission may establish, alter, or abolish, subject to approval of the assembly, sections for the appointment of commissioners fi'om areas outside first class cities[, EXCEPT THAT ANY SUCH ESTABLISHED SECTIONS SHALL NOT BE ABOLISHED WITHOUT APPROVAL OF A MAJORITY OF THE ASSEMBLYMEN FROM AREAS OUTSIDE FIRST CLASS CITIES]. If sections are established, the number'of members to be appointed from each section will be set so as to maintain the required apportionment. SECTION 2. That this ordinance shall take effect immediately upon its enactment. ENACTED BY THE ASSEMBLY OF TIlE KENAI PENINSULA BOROUGH Tills * DAY OF *, 2001. ATTEST: Timothy Navarre, Assembly President Linda S. Murphy, Borough Clerk Ordinance 2001-29 New Text Underlined; [DELETED TEXT BRACKETED] Kenai Peninsula Borough, Alaska Page 2 of 2 181 · .lu'i-30-01 10:21A Z,gU~I TNC./ARBY'$ BO7 283 JUl-~'t-~UU~ ~1 uq'zu rn ~rn ~-~M~ o~, ~ ~ 3062 P.01 NAI I=ENINSUI,,A BOROUGH 144 N. BINKLEY · $OLDOTNA. ALASKA · 99669-7~9 DALE BAGLEY MAYOR TO: FROM: DATE: SUBJECT: Timothy Nuvm~, Aaembly President Mcmbc~, KcnaJ Peninsula Borough A~cmbly Timothy Navarre. A~~ly Pms/d~nr July 27, 2001 Ordmance 2001-~..~. amending ]0~]3 2.40 regarding plumng commission n~mbership a~d appomonmont This ordinaacc would amend the borough code. to e~rablish & maximum numbcr of planning commission mg~. It would also eUnunnto the borough c. xxtg t'cquire~t thu; each first clus ud home rule city bare one member on thc comm~mon. Instead, it min-oa statutory lwnsuagc conccrning planning c~~on ~onmcnt. Since the d~enmal census fi~,es were pubhsho~ the ~ministration has determin~ thut thc planning commis6on n',gmb&,'ship must be adjusted to comp)y with thc stntutory requtrem~t that ~e numb= of membe~ ~ home rule and tim class cities reP.~tt the pmpomon of borough population residmg in home rulc and first cl~$ citics. Thc tx~'ough code requi~s that ttm planning ~'ommis~on consist or ~¢ mcm~ f~rom each~ ¢las~ or home ru]o ¢'ity Of tl~ borough and that the n~ of rem~mng nmnbea~ from otmide of mo~ cities comply with the mquir~ apportion~t If the bomu~ code is arn~mt to ettminat~ the ~me~t that on~ n~n%ber corn~ from each first cla~$ or hol~ rule city, th~n the planning commission size ne~d not be ad~~ Inst,'ad, th~ number of mpr~ontativ~ fn;m~ first ¢1a~$ or hon~ rule cities would have to be aajmted. l~y intm~t in introducing this ordinance is to provide a mechanism for th~ a~$cmb]y address this issue with thc planning commission and the mayor in ogler that thg bomu~ may detetminc thc best way to handle the plannmg oom~ssian appo~onrnent iuuo. Tbi~ ordin~ con. ns one of sevenl poa.~ible appmnc~a, all of which have issues tha~ will nce~l to be ~dr~s~d. The el~v,n--~l~ ~N~mcnt is ~ult~~ ~ ~at in ~he rd~ of I1~ curr~ commission. Howcvcr, the stantr~.s require a minimum of five n~idenrt, and, aft~ further dictation, ~j~ ~embty ~d other aff~:~d patti~ n~y mnelud~ th~ · ditt~'~st n~n~ of members would bg ~ al~ropi, i&tc. 182 Suggested by' CITY OF KENAI RESOLUTION NO. 2001- A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~, SUPPORTING ~ THE STATE DEPARTMENT OF NATURAL RESOURCES PURCHASE OF PROPER'~ ~ IDENTIFIED AS LOTS 3-6, WILD ROSE SUBDIVISION, KEN~, ALASKA FOR ~~~; DEVELOPMENT OF A BOAT LAUNCH ACCESS FACILITY FOR THE LOWER KENAI RIVER. · WHEREAS, the Kenai City Council has for many years desired to develop a boat launch in the lower Kenai River; and, ' . WHEREAS, due to increased interest, the Alaska Legislature appropriated $350,000"to the Department of Natural Resources in the 2001-2002 Capital Budget for the purchase of property to be used for the development of a boat launch access facility for the lower Kenai River; and, ...- ....... WHEREAS, because the identified property adjoins Cunningham Park, the issue of constructing a boat launch facility was discussed with the City of Kenai Parks & Recreation and Harbor Commissions where both concerns and support were expreSsed in regard to developing a facility that will not impact the current users of Cunning~ham Park' and, WHEREAS, representations by the Department of Natural Resources, Division of::~arks and Outdoor Recreation assure involvement of the City of Kenai and public input:in the design of the boat launch facility; and, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI'~~'''~ ALASKA, that it supports the State Department of Natural Resources purchase of' property identified as Lots 3-6, Wild Rose Subdivision, Kenai, Alaska for the development of a boat launch access facility for the lower Kenai River. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of September, 2001. John J. Williams, Mayor ATTEST: .-~.~' : Carol L. Freas, City Clerk clf 3 ?0 AE)0N I NO. ~. PART ,4 !0.2a ~C. NO. 8E,~ v r~. ,~-, END UB G 2.48 dC. .... ...... !~6~CI'~,~ili~D~N::~ ................................. .049-120 2 KN00i?09 KN?2OOI2 KN?40087 KN?5005? KN?50II3 KN9t0061 KN9~0048 KN9400t5 KN960085 KN980003 KN980084 ;SHOE END AT RIVER BEND ;SHOE END AT RIVER BEND RESUB TRACT 5 ~..%{ A N'S POINT ROSE 'S LANDING ROSE NO. 2 'R LOOP ACRES 'R LOOP ACRES ADDN NO. l · DAZZLING SCENIC VIE'~' 5HOE END AT RIVER BEND GARCIA ADDN ,,, · "... ':i!::'.ii;:' · ":' .(.i.: :'i:i::? ::".:.::.i.:i;!ii!ii:!i ; !ii!i!:~8~ KEN^I PENINSULA · ...............-........:.:..;.:: ..:.,...: ... ~.:: -:: ~ BOROUGH ASSESSING DEPT. USE ONLY AND I,S NOT INTENDED FOR. ANY OTHER USE OR REPRESENTATION NO~ - Assessor s Bloc:< Numbers Shown In Ellipse: · Assessor s Parce! Numloers Shown In Circle., ! i DEPARTMENT OF NATURAL RESOURCES DIVISION OF P,~RKS & OUTDOOR RECRE,4 TION TONY KNOWLES. G~ Kenai Area P.O. Box 1247 Soidotna, AK 99669 Phone: 907-262-5:581 Fax: 907-262-3717 July 16, 2001 Kenai City Council 227 Caviar St. Kenai, AK 99611 Re: August 1 Council Meeting- Briefing Dear Council Members: Dunng this past legislative session, the capital budget included an appropriation to the Department of Nalural Resources for $350.0 to purchase a parcel of land located several lots upstream from Cunningham Park (Tract 1, Horseshoe End at River Bend Subdivision). The legislature directed DNR to purchase these lands and construct a boat launch access facility for the lower Kenai River. In discussing this issue with the Kenai River Special Management Area Advisory Board, other resource agency staff members and interested members of the public, there were a number of concerns identified with the identified parcel. Concerns about wetland impacts and the fact that another public access facility was located so close were the predominant issues. More recently, discussions have centered upon the block of four parcels within the Wild Rose Subdivision (Lots 3-6) that are on the market currently. These parcels are located immediately downstream from Cunningham Park. Since we are in the very beginning stages of the discussion, I thought it would be appropriate to discuss some ideas with the City of Kenai leadership before this process moves any further. During your City Council meeting on August 1, I would like to discuss with you the idea of a boat launch facility on the lands downstream from Cunningham Park. In discussing some of the pros and cons of any new access facility on the Kenai River, them are a number of issues that I think should be carefully considered. Here are a few of the issues that I'd like to discuss with you at your meeting: Is there a need for a new access facility on the lower Kenai River'? How would a new access facility benefit or impact existing recreational users or nearby private property owners'? July 16, 2001 Page 2 of 2 · What are the environmental impacts of a new facility, such as impacts on fish or wildlife habitat, wetland involvement, condition of the exiating riverbank, etc.? · Which land management entity is best suited to manage a new facility, and are operating funds available'tO ensure the site's appropriate management? I look forward to spending a few moments with you at the meeting to discuss this idea. Sincerely, Chris Degemes Kenai Area Park Supt. Cc' Ms. Linda Snow, City Manager Jim Stratton. Director. Division of Parks and Outdoor Recreation Ted Wellman, President, KRSMA Advisory Board ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) B-lo Chris DeEernes, Parks/~ Outdoor Recreation -- Boat Launch Ramp Williams and Degemes reviewed the history of adding a boat launch facility at or near Cunningharn Park. Williams noted the boat launch proposal transpired through some conversations he and Councilman Bookey had with several legislators in Juneau and who were very interested in adding a boat launch in the lower river. Information Was compiled and sent to Representative Mulder and consequently $350,000 was funded for purchase land for development of a boat launch on the lower river (Tract 1, Horseshoe-End at River Bend Subdivision, several lots upstream from Cunningham Park). Degernes noted earlier attempts by the city to develop a boat launch on the Chester Cone property, upstream from Cunmngharn Park. Due to opposition by permitting agencies and their concern for damage to the wetlands, that development did not take place, however the Pillars site was identified and developed. Because the upgrade done to Cunningham Park removed the boat launCh that developed over the years, there were complaints and discussion followed on how the launch could be replaced. She noted there was some initial opposition to the development of the Horseshoe lots due to the wetlands across the front of the property and a difference of vegetation, and because the property proposed for development of a launch by the city several years ago was denied due to the same concerns about damage to wetlands. They then started looking for another site for a launch and identified the Wild Rose Subdivision lots. In discussing a different site with Representative Mulder, he noted that if a better place could be identified and would meet the needs, he would work to make the appropriate changes to allow the transfer of intent. Degernes noted that if there was significant opposition from the city in regard to the purchase and development of the Wild Rose properties, it would be good to know early. She noted benefits to these properties as 1) there are no wetlands; 2) the properties are immediately contiguous with Cunningham Park (they will want to consolidate public access); and 3) it would allow expansion opportunity for Cunningham Park. Challenges with the site were identified as 1) a really thick peat underlying the ground surface; 2) a steep bank that would require a bigger cut through the riverbank and stabilization for development of a boat launch; 3) trespass/increased traffic concerns voiced by neighbors; and 4) changes affecting historical users of Cunningham Park. Degernes asked if there were any specific concerns from council and whether they would authorize the city maintaining the launch if the state is successful in purchasing the property and then designing and constructing the launch. Council and administration questions and comments included: · Would the two facilities share a parking lot? Early thoughts are to share a common entrance and have separate parking and restrooms, boat ramp access with or without a stair access (depending on how bank fishing and boat traffic can be accommodated). · Previous designs of a boat launch area developed by the city may be considered for incorporation into the state's design. · Whether the city would want to maintain the facility and if the Parks & Recreation Department could take on the added responsibility. It was noted administration did not think the boat launch would generate that much more of an impact. · Whether a fee could be collected for use of the facility. Degernes stated she did not think there would be opposition as the state charges a fee at the Pillars and the earlier it is noted there will be a fee structure, the better and would be comparable to private business launches. · Concern that a boat launch would interfere with the Cunningham Park user groups and perpetuate a conflict of the users. Degemes noted that was an important factor and suggested an initial design could, be brought to council noting the concerns and then take it to the public for additional comments. · Maintenance of the facility would not make a large impact on the Parks Department and if additional restrooms are included in the design, there would be less concern in regard to impact to Cunningham Park. · Property on the other side of the river was discussed, however it was found its development would be more challenging, needing a road, a lot more work and additional financial support of the Legislator. It was not known if that support would be attainable. Exploration of development on the other side was requested. · Copies of a recent Board of Adjustment hearing in regard to develOpment along the fiver, traffic along Beaver Loop Road, etc. was requested to be forwarded to Degernes. · The launch would be used for both drift and powerboat access and probably heavily used during dip net season. · Anticipated funding sources would be federal and Kenai River \Sporffishing Association and construction would probably be in 2003 if there is extensive public support. The active planning process would begin during the winter i fo2002. · opposition to the project was stated, however the design of the facility should i~corporate public input and council comments regarding impacts to user groups. MOTION: Commissioner Baxter MOVED to recommend the applicant be allowed to place the memorial rock in proposed site "B' of Leif Hansen Memorial Park. Commissioner Hultberg SECONDED the motion. VOTE: l~axter Yes Castimore Absent Wisniewski Yes Gifford Steiner No ! Sandahl t No Yes ! Hultberg [Yes MOTION PASSED. Chris Degernes -- Department of Natural Resources Boat Launch Near Cunningham Park Chris Degemes announced the State of Alaska budgeted $350,000 for a boat launch in the lower Kenai River. Two potential sites are being considered' A ten-acre parcel above and a five-acre parcel below Cunningham Park. Degemes reported Representative Eldon Mulder was supporting the project and had originally focused on the property above Cunnmgham Park. The smaller parcel of land is being considered becaUse wetlands and other challenges involve the larger parcel above Cunningham Park. Degemes stated her reason for bringing the issue to the City of Kenai is that the State would like to combine the boat launch effort with Cunningham Park and ask the City of Kenai to .maintain it. Discussion followed and the first question asked was whether or not another boat launch was needed on the Kenai River. Degemes listed some impacts another boat launch would bring, including more congestion and traffic on the river. Commissioner Sandahl stated his opposition to any ~type of boat launch near or tied into Cunningham Park as the original intent of the Park was for children and bank fishers. Sandahl expressed concern for the safety of both user groups. City Manager Snow reported Mrs. Cunningham placed a stipulation on the deed when the land was provided for the park that there be no boat launches. Discussion took place on making the new boat launch a drift boat only launch. Degemes stated Mulder was adamant the boat launch be for powerboats. If limited to drift boats, the funding source could be removed. Degemes also noted the urgency to know the City's position due to the active land purchase efforts. The purchase could take up to six months and once the land is purchased, a design would be developed, permits obtained, and construction could begin in early 2003. Other locations were discussed such as the cow pastures and Degemes indicated there were many expensive issues for that location. PARKS & RECREATION COMMISSION MEETING AUGUST 2. 2001 PAGE 2 The general consensus was that the park be left a park and not a boat launch. If a site had to be selected, the upper parcel would be more palatable to the Parks Commission. It was noted it was possible the necessary permits could not be obtained for that parcel. Degemes asked if the Parks Commission was giving her a red, yellow or green light on the project. It was noted they were giving a cautious yellow. OLD BUSINESS ,Discussion -- Municipal Park Frates reported a brush hog was used in Municipal Park for more clearing and the end result provided much more visibility. Plans for future cleanng in the Park was discussed as well as the cost involved. It was noted the equipment may be purchased and an experienced operator contracted to operate it. Frates reported he had completed a grant application for which the funding xvould be used for expansion of the emsting parking lots; add an additional parking lot near the restrooms; perhaps hiring of a landscape architect to review possible future expansion of the park; and perhaps widening of the trails to support water truck activity. Frates requested ideas for ex-panding the park or other improvements be forxvarded to him. It was suggested the Commission visit the Park during the next meeung so all could see the improvements. Discussion -- Skateboard Park Frates reported the skateboard equipment was ordered and it was scheduled to arrive on August 27u~. Work would begin immediately upon arrival and it was anticipated four days would be needed to complete the construction. Frates also reported the kids were very excited and fencing for placement around the Park had been approved and would be erected before the skateboard equipment is placed. ITEM 6' NEW BUSINESS DiscusSion -- PropoSed 2001 Foreclosure Sale Frates referred to the meeting packet and noted it included a list of 14 foreclosed properties the Parks Commission was being asked to review and determine if any should be retained for public purpose. After a brief discussion it was decided one parcel should be retained as it neighbored an existing park. MOTION: PARKS & RECREATION COMMISSION MEETING AUGUST 2. 2001 PAGE 3 KENAI HARBOR COMMISSION MEETING AUGUST 6, 2001 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Thompson called the meeting to order at 7:00 p.m. follows' Roll was confirmed as Members Present: Eldridge, Rogers, Spracher, Thompson Members Absent: Foster Others Present: City Manager Snow, Councilman Bookey, City Engineer La Shot, Contract Secretary Roper ITEM 2: AGENDA APPROVAL MOTION: Commissioner Eldridge MOVED to approve the agenda and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES -- July 9,2001 . MOTION: Commissioner Rogers MOVED to approve the minutes of July 9,2001 and Commissioner Spracher SECONDED the motion. There were no objections. ORDERED. SO ITEM 4: PERSONS SCHEDULED TO BE HEARD 4-a. Chris Degernes~ Parks/h Outdoor Recreation -- Boat Launch Near Cunningham Park Chris Degemes, State Parks reported the State appropriated $350,000 to purchase land that would support a boat launch in the lower Kenai River near Cunningham Park. Degemes stated there two parcels were being considered; one above Cunningham Parks and ten acres in size, the second, a parcel of five acres and below Cunningham Park. Discussion took place regarding both parcels and Degernes listed pros and cons for each. She added, the upper parcel has considerable wetlands that would make obtaining the necessary permits very difficult if not impossible and that she was told that particular parcel had a nice gravel base. Degemes said the lower parcel had fewer environmental concerns but it also has a considerable concentration of peat. Degemes added, there is some concern that a boat launch in the lower parcel would impact the bank anglers. Degernes felt that some good design work could address both the peat and bank angling issues. Degemes stated that should the State build the boat launch, it would be their desire that the City of Kenai take on the management of it. Degemes explained it was difficult for most user groups to differentiate between State and City and thought it would be easier for them to have one set of rules to abide by. After further discussion regarding both the upper and lower parcels of land and how the various user groups would benefit or be impacted by a new boat launch, it was the general consensus of the Harbor Commission that an additional boat launch in the lower river was needed. There was some public comment made regarding the issue' Hal Borg, Kenai, Alaska - Mr. Borg reported he was an angler on the Kenai River for over 22 years and is a drift boat guide. Borg explained he had used the former Cunningham boat ramp for many years and there had never been any conflict with the bank anglers. Borg continued, since the ramp was taken out it has been difficult and at times unsafe for drift boat operators to have to go past Warren Ames Bridge to let out, especially with the different tides. Borg added that he is in favor of a boat ramp in the lower river. Harvey Young, Kenai, Alaska- Mr. Young is also a Kenai River guide using both drift and power boats and a/so supports a boat launch in the lower river. Young explained the excellent fishing in the lower river as well as the congestion and felt a boat launch in this area would help with the traffic and erosion concerns. Young continued, it would be safer to get out at Cunningham rather than going all the way past the bridge. Chairman Thompson reiterated the support of the Harbor Commission at either location and noted they have been aware of the need for an additional boat launch for a long time. Thompson thanked Degemes for her f'me presentation and information. Councilman Bookey requested a five-minute recess. Meeting recessed at 7'50 p.m. Chairman Thompson called the meeting back to order at 8'03 p.m. MOTION: Commissioner Eldridge MOVED to recommend that City Council pursue a boat launch in the lower river. Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. HARBOR COMMISSION MEETING AUGUST 6,2001 PAGE 2 CITY OF KENAi KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 / 907-283-7926 FAX 907-283-4675 KENAI All America City MEMORANDUM TO: FROM: DATE' Linda Snow, City Manager Robert J. Frates, Parks & Recreation Directo~~ August 9, 2001 LeifHansen Memorial Park The following is a description of two requests for placement of memorial rocks at Leif Hansen Memorial Park followed by a recommendation from the Parks & Recreation Commission. These requests are forwarded to you pursuant to the Statement of Policies and Procedures for LeifHansen Memorial Park. 1. Angela & Don Schreiner At the August 2, 2001 Parks & Recreation Commission meeting, Mr. Don Schreiner proposed placement of a large memorial rock. The rock would be similar in dimension to the Thomson Memorial and would incorporate a plaque dedicated to Helen Tumage. The thmily is willing to pay for all related expenses. Two sites were presented as indicated on the site map. However, proposed site A presents some issues i.e., proximity to power lines and crossing the sidewalk with heavy equipment. Recommendation from Parks & Recreation Commission. Request was approved, however, the commission recommended that the rock be placed east of the new sidewalk at proposed site B. A recommendation was also made to draft an ordinance that will address future requests. 2. Jim Spracher Last season Mr. Jim Spracher proposed placement of a large rock with a plaque honoring the All American Homesteaders. The granite rock is approximately 4' x 4.5' Mr. Spracher did not have a specific site in mind. Additionally, Mr. Spracher is requesting the city to place the rock and mount the plaque. Recommendation from Parks & Recreation Commission: Request was approved, however, location and placement of the rock would not be until after the new sidewalks were installed. Administration recommends that, if approved, the rock be placed toward the east end of the park (toward Louis Restaurant) near the new sidewalk. Does the City Council wish to approve these two requests and pay for the expense of placing the rock and mounting of the granite plaque for Jim Spracher (Ali American Homesteaders)? Does the City Council wish to adopt an ordinance to limit or end such requests for memorial rocks within the park? ! / . STATEMENT OF POLICY AND PROCEDURF~ LEIF HANSEN MEMORIAL PARK Council Adopted 1990 The City of Kenai, acting upon the wishes of the public, established a park whereby the community is able to have planted a tree, shrub, or flowers in memory of a loved one, either living or passed. The park was named for a young man who contributed much to the community, however, the park is open for anyone desiring to commemorate their own loved one. The City Council hereby establishes Policies and Procedures for the implementation of the planting of the park to ensure the longest life of the planting and the uniform distribution which will enhance the individual material planted and the park as a whole. o 3. 4. 5. 6. PLANTING/PLAQUE PLACEMENT POLICIE.~ The Kenai City Council has approved a design for the Memorial Park and all planting will be done in accordance with the plan and the suggested list of planting materials. Any requests for deviation from the plan or planting materials shall be reviewed by Council prior to placement. Plaques must be uniform due to the dimensions of the spaces in the sidewalk and of the same materials (black granite), however, the wording and logos are up to the individual. Any inappropriately worded plaques of an objectionable nature will be removed. All materials which are planted in the Park are to be done by a licensed landscaper. The City will maintain the materials after the material is planted by the landscaper. The landscaper has agreed to guarantee the material for one year. The City will not guarantee any planting done by individuals nor beyond the one year guarantee. Should any one purchase exceed $6,500, the purchase must go to competitive bid. No miscellaneous items, i.e. trinkets, windsocks, mementos, additional planting material, etc., shah be installed within Leif Hansen Memorial Park. All such items left are subject to removal by Parks personnel. -1- Revised 7 / 19 / 2000 o e o . PLANTING/PLAQUE PLACEMENT PROC~'.DUI~'-sl Any person desiring to plant a memorial planting material, please contact the City Clerk. The City Clerk will assist with the selection of location and material to be planted. A design is available for selection for placement and a suggested list of materials is also available from the City Clerk. The City Clerk w/il assist in the selection of the wording for the plaque. The plaque will be placed by the Parks & Recreation crew at the desired location. Upon receipt of the cost of the plaque and planting material, the City Clerk will place the order at the appropriate time. (If the order is received during the planting season, the order will be done upon receipt. If the order is received during the months when planting is inappropriate, the order will be assembled and held until Spring.) The landscaper and the Parks crew will handle all required work done in the park. The landscaper guarantees the planting for one year. The Parks crew will maintain the planting thereafter. LEIF HANSEN MEMORIAL PARK RESERVATION INFORMATION GENERAL POLICY STAT~'-MRNT Leif Hansen Memorial Park, while not in use for Park Department-sponsored or co- sponsored activities, will be made available for a deposit to groups for weddings and memorial services. Groups must be non-profit/non-commercial and operate within park rules and regulations. Park reservations are on a first-paid, first-served basis. GUIDELINES o Reservations for park use for the upcoming summer can be made at the Kenai Recreation Center beginning March 1. All reservations must be made in person. A refundable deposit of $200 must be made to secure reservation. If damages exceed amount of deposit, group or individual sponsoring event agrees to fully reimburse the City of Kenai for costs of repair. The date is reserved when payment is received and reservations must be made at least three (3) days in advance. . The reservation area consists of all physical characteristics of the park (frontage park sign, gazebo, water fountain, veteran's memorial, lawn, sidewalks / memorial plaques, trees/shrubs and flower plantings). . ALCOHOLIC BEVERAGES are PROHIBITED. -2- Revised 7 / 19 / 2000 , , o o Se . 10. Copy of reservation must be in applicant's possession when using facility. Cancellations must be made at least twenty-four(24) hours in advance of the reservation date. Allow at least three {3) weeks for return of deposit. User will leave facility in the same condition as when they arrived. must be accomplished immediately following the event. All cleaning An adult must be present at all times. A dog brought into the park must be on a leash. AnY person with a dog will be responsible for both the conduct of the animal and for removal from the park of feces deposited by such animal. Riding, parking, or driving (except city maintenance vehicles) any bicycle, tricycle, motorcycle, motor vehicle, skateboard, or rollerblades through the park is prohibited. Arranging temporary structures of any kind (tent, shelter, bulletin boards, posts, poles or signs for advertisement) are prohibited unless written authorization from the Parks & Recreation Director is obtained. -3- Revised 7 / 19 / 2000 Leif Hansen Memorial Park Proposal In Memory of Helen Turnage Proposed by: Aaron Turnage and Angela Schreiner July 10, 2001 Any Questions Call Angela Schreiner at 776-8784 Leif Hansen Memorial Park Proposal As children of Helen Turnage, we would like to dedicate a memorial to our mother's memory. As a special women and an involved member of the Kenai community we would like to make a special dedication in her name. Leif Hansen Memorial Park is at the center and heart of Kenai. The memorial we would like to propose is similar to the Thomson Memorial already Iocat.ed on the East end of the Park. We are proposing a rock memorial be placed in the park as a dedication to Helen Turnage. The family has already reserved plaques to surround our mother's memorial. Our first proposed site would be inside the sidewalk circle of section D. On the map it is marked proposed site A. Them are however some concern with the power lines and regulations involved with moving the rock to that location, if the site is not a possible choice we would then chose proposed site B. This is located outside circle seCtion D on the west end of the park. This second site is located near a few small shrubs.and a spruce tree. We considered this site for its' peace and natural beauty. This second proposed site is also a good spot due to the natural harmony of the rock memorial and surrounding vegetation. We ask that one of these possible sites would be considered. We have been able to take some pictures of the area and possible rocks to use for the memorial. As of now we are considering a rock that would be about 1 1/2 to 2 feet in height, with a fiat surface to attach the plaque. We would like to thank you for your time this evening and ask that our memorial dedication to Helen Turnage be considered. Thank you again. Plaque Dedication Plaque on sidewalk: Picture of Helen Tumage with an etching of a carnation flower. Words: Total of 22 letters Helen M. Tumage 1945 - 2001 Plaque on Rock: Helen M. Turnage In loving Memory of our beloved Mother, grandmother, and friend Touching our lives each day with Her sweet smile, warmth, and kindness. Total of 117 lettem Z Z <E Z L.d / I Aaron Turnage Angeta Schreiner if you have any other questions or concerns please call Angeta at 776-8784 KENAI PARKS/h RECREATION COMMISSION AUGUST 3, 2000 CITY HALL COUNCIL CHAMBERS 7:00 P.M. MINUTES ITEM 1' CALL TO ORDER ih ROLL CALL Chairman Hultberg called the meeting to order at 7'00 p.m. Members Present: Tim Wisniewski, Kelly Gifford, Jack Castimore, Matthew Peters Richard Hultberg ' Members Absent: Mike Baxter, Dale Sandahl Others Present: Councilman Frazer, Parks and Recreation Director Bob Frates, Contract Secretary Barb Roper ITEM 2' AGENDA APPROVAL Frates requested that Jim Spracher and Chuck Smalley be added to the agenda under Item 4, Persons Scheduled to be Heard. With the two additions the Agenda was approved as presented. ITEM 3' APPROVAL OF MINUTF.~- July 6, 2000 With no corrections and/or additions noted, the minutes of the July 6 2000 meeting were approved as written. ' ITEM 4: PERSONS SCHEDULED TO _~E HEA~r~ 4-a. Jim spracher, All American Homesteaders Memorial- Councilwoman Porter and Jim Spracher presented an idea to the Parks and Recreation CommissiOn which involved a memorial to Ail American Homesteaders to be placed at Leif Hansen Memorial Park. Spracher reported he attended the memorial for the Merchant Marines and thought a memorial to all American Homesteaders would be nice. Spracher indicated he already has a granite plaque and a large rock on which the plaque could be placed. If the Parks Department didn't want to place the large rock, he suggested a pedestal could be constructed to hold the plaque. Discussion took place on the expansion of Leif Hansen Memorial Park and it was decided the Homesteaders Memorial could be placed during the expansion. MOTION: Commissioner Castimore MOVED to accept the generous offer of Mr. Spracher to place a memorial plaque for Ail American Homesteaders in Leif Hansen Park. Motion SECONDED by Commissioner Gifford. There were no objections. SO ORDERED. 4-b. Chuck Smalley- Kenai Elks Donation - On behalf of the Kenai Elks Lodge, Mr. Smalley donated $1,500.00 to the City of Kenai Parks and Recreation Department to help support the youth social functions, dances, etc. Director Bob Frates and Chairman Hultberg accepted the check and thanked Smalley for the generous donation and the volunteer help throughout the year from the Kenai Elks Lodge. Frates reported the funds donated last year purchased a new foosball table and lamps for the pool tables. ITEM 5: OLD BUSINESS Discussion- East End Trail Frates reported Phillips Petroleum was doing the last of the work at the East End Trail. Remaining work included placing signage and mile markers along the trail. Commissioner Gifford reported she visited the trail and was very impressed with the work. Chairman Hultberg requested photos be taken and provided to the paper for local recognition to Phillips. Councilman Frazer suggested a proclamation from the Mayor as well. a-b. Discussion - Leif Hansen Memorial Park Policy Frates reported the City Council approved some changes to the Leif Hansen Memorial Park Policy. He noted the changes to the wording in Item 2 of the policy and the addition of Item 6 which states, "No miscellaneous items, i.e., trinkets, windsocks, mementos, additional planting material, etc., shall be installed within Leif Hansen Memorial Park. All such items left are subject to removal by Parks personnel." Discussion - PlayEround Equipment - Oilers Park Frates reported that all the playground equipment at Oilers park had been removed. ITEM 6' NEW BUSINESS -- None. ITEM 7: REPORTS Commission Chair- No Report. PARKS & RECREATION COMMISSION MEETING AUGUST 3, 2000 PAGE 2 7-c. City Council Liaison -- Councilman Frazer reported the following: · The Kenai Well No. 4 project is moving forward with two test wells drilled and good water was found. An additional $16,000 was appropriated to develop the wells for quality and quantity of water. · The bid was awarded to raise the entryway roof at the Senior Center. The roof is being raised to accommodate both the new senior bus and snow removal equipment. · Council passed a resolution supporting the Borough's Declaration of Disaster in regard to the processors and fishers affected by the very low returns during the past year's fishing season. Start Pitlo of the Peninsula Clarion gave a presentation regarding effects of e-commerce on sales tax, small businesses, services to municipalities, etc. · The city auditor gave the annual financial statement and reported the city is in good financial shape and is in compliance. · The council donated $750 to sponsor the welcoming reception for the Kenai Peninsula Tourism Marketing Council's state conference to be held in Kenai, ITEM 8: COMMISSIONER QUESTIONS/h COMMENTS Gilford -- Inquired about the following items- The "Welcome to Kenai" sign at the intersection of Bridge Access and Kalifor___n_nsky Beach Road. She was referred to Public Works Manager Komelis. I * The progress of the rock memorial for Alaska homesteaders. Frates ] reported the matter, was being held until the new sidewalk design was developed for )'a [___~emorial Park. · When will the piles of wood be removed at the East End Trail. Frates "reported they would be burned or chipped in early winter. Baxter -- Reported the Oilers had received calls from users of the playground equipment which had been removed from the property beside Oiler Park and asked if new equipment would be placed there in the near future. He added, the Oilers would like to know if there would be some way they could help in putting in a park suitable for young people to use in that area. Discussion followed and it was stated there were no plans to place equipment in that area at this time. The Commission and Parks Department were centralizing their efforts in maintaining established city parks. It was suggested the Oilers consider purchasing equipment and developing a play area on the Oilers Park property and perhaps contacting the Phillips work crew who worked on the East End Trail as they may be interested in making it a future community Project. Castimore -- No comments. Wisniewski -- Reported he rode through East End Trail on his bike and thought it was very nice. He noted it was much more accessible and received a lot more sunlight. PARKS & RECREATION COMMISSION MEETING MINUTES SEPTEMBER 7, 2000 PAGE 3 KENAI BEAUTIFICATION COMMITTEE JULY 10, 2001 7:00 P.M. KENAI COUNCIL CHAMBERS MINUTES ITEM 1' CALL TO ORDER & ROLL CALL Chair Dimmick called the meeting to order at 7'10 p.m. The roll was taken and confirmed as follows: Members Present' Members Absent: Non-Voting Members Present: Others Present' Brown, Dimmick, Hett, Buffington, Rogers 'Nelson Overturf Parks and Recreation Director Frates, Councilwoman Swarner, Department Assistant Harris ITEM 2: AGENDA APPROVAL Dimmick requested Aaron Tumage to be added as Item 4-a. approved as presented. The amended agenda was ITEM 3- APPROVAL OF MINUTES --June 12,2001 The minutes were approved as presented. ITEM 4: PERSONS SCHEDULED TO Rig H~AI~r~ 4-a. Aaron Turnage- - Tumage Memorial Proposal Aaron Turnage and other members of the Tumage family presented the Committee with a proposal to add a stone monument in the Leif Hansen Memorial Park. The memorial would be to commemorate the life of their mother, Helen Tumage. The stone would be approximately seven feet long, with five feet buried. A commemorative message would be placed near the stone. The Tumage family stated they would be solely responsible for all costs incurred in the placing of this stone and accept any maintenance duties involved. Tumage provided detailed information on the two proposed sites requested. Site A: Site A would be located approximately in the center of the park. This particular location may be problematic due to the proximity of power lines. At this site, the family would like to plant a Scotch Pine near the memorial rock. Site B' An alternative site was requested for consideration due to the issues and liabilities involved with Site A. Tumage explained this site is located at the opposite area of the park. This area would require no additional vegetation. MOTION: Member Brown MOVED to forward the Tumage Memorial Proposal to Parks and Recreation Director Frates for review. Member Hett SECONDED the motion. There were no objections. SO ORDERED. 4-b. Mike Colton -- Automatic Sprinkler System Mike Colton provided the Committee with detailed information regarding the installation of an underground sprinkler system. · All systems are guaranteed to-125 F. 'The hose used is flexible to accommodate frost heave activity. · The sprinkler system is separated into electrical zones. Each zone is on its own timer; a secure central control can operate each zone. · In the event of sprinkler head or system damage, all replacement parts are available in Alaska. Colton demonstrated the ease in which a sprinkler head can be detached if a replacement would be necessary. · Twelve different sprinkler heads are available. Each head provides a different amount of water volume. · Colton warranties the system for two years and provides both winterization and spring usage preparation. · Colton provided the Committee with average precipitation percentages for Kenai, general lawn care information, and other informational items. The Committee spoke briefly about each item. ITEM 5: OLD BUSINESS Discussion-- Plant Selection The Committee spoke at length regarding current and future plant selections for areas around Kenai. In addition to speaking in general about the status and condition of various flowerbeds, the following ideas were discussed: · Limit the centers of the new cement circles to specific plants to create a look of unity amongst planters. · Look into a 'neighborhood adoption' of cement planters to help with weeding and general care. Try to start a fall cleanup schedule to trim back beds and prepare for winter. ITEM 6: NEW BUSINESS-- None ITEM 7: REPORTS Committee Chair-- Chair Dimmick reported on the following: Dimmick reminded the Committee of the need to provide Garden of the BEAUTIFICATION COMMITTEE MEETING JULY 10, 2001 PAGE 2 KENAI PARKS ~ RECREATION COMMISSION AUGUST 2, 2001 CITY HALL COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TIM WISNIEWSKI, PRESIDING MINUTES ITEM 1. CALL TO ORDER/ia ROLL CALl, Chairman Wisniewski called the meeting to order at 7'00 p.m. follows' Roll was ca_lied as Present: Absent' Others Present: Roper Baxter, Wisniewski, Gifford, Sandahl, Steiner, Hultberg Castimore Councilwoman Porter, City Manager Snow, Contract Secretary Chairman Wisniewski welcomed City Manager Snow and Councilwoman Pat Porter to the Parks Meeting. It was noted that Councilwoman Porter was the new council representative to the Parks & Recreation Commission. ITEM 2' AGENDA APPROVAL The agenda was approved as presented. ITEM 3: APPROVAL OF MINUTES -- June 7, 2001 and July 5,2001 The minutes for June 7 and July 5,2001 were approved as written. ITEM 4: PERSONS SCHEDULED TO BE H~.A~r~ a. Angela Schreiner- Memorial Park/Memorial Rock Request D~on Schreiner presented a verbal proposal to the Commission regarding the placement of a memorial rock for his late mother-in-law, Helen Turnage, in Leif Hansen Memorial P. ark. The-memorial rock would be similar to the rock the Thomson family placed in the park nine years ago. Schremer and Director Frates pointed out two potential ! ~yations for the rock. Discussion followed and concern was expressed the memorial rocks were being proposed without an ordinance in place or any designated areas for such memorials s. elected. C. ommissio, n. er Sandahl stated.he was uncomfortable in making a decision on the memorial rock w~thout any type of plan in place for Leif Hansen Memorial Park and suggested the issue be postponed until the council had the opportunity to approve an ordinance. After additional discussion, Schreiner stated there were two issues which could be handled separately and requested the Commission consider his proposal without delay. Commissioner Baxter agreed the proposal should be voted upon but consideration for an ordinance was necessary. MOTION' Commissioner Baxter MOVED to recommend the applicant be allowed to place the memorial rock in proposed site "B' of Left Hansen Memorial Park. Commissioner Hultberg SECONDED the motion. VOTE: Baxter Yes Gifford ]No Castimore Absent Steiner Yes WiSniewski Yes Sandahl Hultberg No Yes MOTION PASSED. 4-b. Chris Degernes -- Department of Nature Resources Boat Launch Near Cunnm§ham Park Chris Degemes announced the State of Alaska budgeted $350,000 for a boat launch in the lower Kenai River. Two potential sites are being considered: A ten-acre parcel above and a five-acre parcel below Cunningham Park. Degemes reported Representative Eldon Mulder was supporting the project and had originally focused on the property above Cunningham Park. The smaller parcel of land is being considered because wetlands and other challenges involve the larger parcel above Cunningham Park. Degemes stated her reason for bringing the issue to the City of Kenai is that the State would like to combine the boat launch effort with Cunningham Park and ask the City of Kenai to maintain it. Discussion followed and the first question asked was whether or not another boat launch was needed on the Kenai River. Degemes listed some impacts another boat launch would bring, including more congestion and traffic on the river. Commissioner Sandahl stated his opposition to any type of boat launch near or tied into Cunningham Park as the original intent of the Park was for children and bank fishers. Sandahl expressed concern for the safety of both user groups. City Manager Snow reported Mrs. Cunningham placed a stipulation on the deed when the land was provided for the park that there be no boat launches. Discussion took place on making the new boat launch a drift boat only launch. Degemes stated Mulder was adamant the boat launch be for powerboats. If limited to drift boats, the funding source could be removed. Degemes also noted the urgency to know the City's position due to the active land purchase efforts. The purchase could take up to six months and once the land is purchased, a design would be developed, permits obtained, and construction could begin in early 2003. Other locations were discussed such as the cow pastures and Degernes indicated there were many expensive issues for that location. PARKS & RECREATION COMMISSION MEETING AUGUST 2,2001 PAGE 2 CITYOF KENAI ,, 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794. TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO' FROM :~~/ DATE: REe Mayor John J. Williams and City Council Members Cary R. Graves, City Attorney August 10, 2001 Collection of Unpaid Traffic Fines Via PFD As you might remember, for some time we have been working to transfer the collection of unpaid traffic fines from the court system to the City. The court has never really "collected" these fines~defendants either paid or they didn't. Since the State didn't get to keep the money, they had no incentive to actively pursue collection. Only three other cities in the State currently collect these fines themselves: Anchorage, Fairbanks and Juneau. The procedure is mostly electronic and involves attachment of permanent fund dividends. Setting up the process has been long and involved, but we are trying to have it in place in time to collect on this year's dividends. The results should pay off eventually, as the court has provided us with a list of fines and costs owing from as early as .1992 and totaling over $40,000. We don't expect to recover all of that, but we should recover a substantial amount. We expect to receive a draft contract from the court system on Monday. your approval to enter into the contract, provided the terms are acceptable, CRG/sp cc' Linda Snow We would like Commission Application http://w~.ci.kenai.ak.us/eommissions/eomi, CITY OF KENAI "Village with a past - City with a future." BACKGROUND AND PERSONAL DATA- >4/ CANDIDATES FOR APPOINTMENT COMMITTEES AND COMMISSIONS Resident of the City of Kenai? x ~'4~ ~ How long? .~ I ~.{ .0c[. Cx'.; j - Re~dence Addre~ ~ [ ~ ~~.~. ~~ ~[ C~ .~~~.~, ,,. . Uaili~ Addre~ ~ (~ Q~ ~C~.(~ ~{E.~ ~ Home Telephone No. ~ ~ ~*~ ~,~~. Home Fax No. ~.A ~ m {{ ~r~Busine~ Telephone No.. ........... Busine~ Fax No..W ha~ .~ ~~._Emaii Addre~: 6c)~.~e:r~~~x las[~, n ~, EMPLOYER: NAME OF SPOUSE- Past organizational memberships: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE 1 of 2 8t8/01 8:18 AM ~ ~,~,l.~.~ ~ ~, w, vv .~,,t, .a.~,,ual,aA.. u~! ~,,UIIIIIII~IUII~/~OUlllllll~lOlla]]pllgaLlOIl. IltIli WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BEING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? '~ ~c'~' ¢:~..~ ,~ ~,/r~'~::~-~?r~ ~ Signature Return to City Clerk, 210 Fidalgo Avenue, Suite 200 283-3014 (fax), 283-7535, ext. 231 (phone) 2 of 2 8t8/01 8:18 AM .~. Volume 5 No. 2 July 2001 A PUBLICATION OF THE STATE OF ALASKA DIVISION OF ELECTIONS State has new primary election law Alaska has a new primary, election law that complies with the recent United States Supreme Court decision in California Democratic Party v. Jones. In response to the Jones decision the state held a modified · · closed primary last year, requiring voters to choose between and the general public with the political process. I[ two ballots rather than using a single "blanket" ballot that allowed voters to vote for candidates across party lines. During the Let's Vote~ effort, I discovered from 'interviews with young people that very few of them had received civics education in school or had been exposed to any kind of citizen participation experi- ences. I believe that democracy depends on the active participation of the people~as voters, as candidates and, as citizen activists and that education is the key, both in and outside of the classroom. The Alaska Democracy Project will focus on rekindling enthusiasm for citizen involvement. The Alaska Democracy Project began in May with an on-line civics education survey. Both educators and general public respondents indicated they believe experiential activities such as community service, Kids Voting and Youth Court are a valuable part of the school cumculum. Selected survey respondents will be part of focus groups the task force uses for on-line review of recommendations. The first meeting of the task force was held July 10 and meetings will continue through the fall. I invite ~he general public to follow the task force via my home page at www.gov.state.ak.us/ltgov. Under Jones a state may not require a party to allow non-party members to select party, candidates in a primary. In Alaska, the Republican Party of Alaska had objected to the blanket primary because it permitted non-Republicans to vote for Republican candidates. Therefore, in the August 22, 2000, primary, there was a separate Republican ballot and a blanket ballot for all other candidates. The state legislature passed SCS CSHB 193(FIN), the bill revising Alaska's primary election procedures, in May 2001, and Governor Knowles allowed it to become law without his signature earlier this month. (continued on page 5) Inside This Issue 3 Large by-mail elections underway Redistricting update - 7 Coghill and Gross discuss primary Region II's specialized voting expert Three election-related measures become law The state legislature this year passed three election-related bills in addition to the primary election bill, and Govemor Knowles has signed them into law. They are: House Bill 189- Repeal of term limits This law repeals two sets of statutory provisions relating to mandatory and volun- tary term limits pledges. The term limits pledge laws had either required or allowed candidates for the U. S. Congress and the state legislature to submit a term limits pledge. Both sets of laws had been enacted by citizen initiative. The mandatory term limits pledge laws were enacted by Ballot Measure 4 in 1996. The voluntary term limits pledge laws were enacted by Ballot Measure 7 in 1998. These laws were repealed in response to a decision by the United States Supreme Court invalidating similar term limits pledge laws in Cook v. Gralike, 531 U.S. 570 (2001). CSSB 187(FIN)- An Act relating to absentee and special needs voting This law requires the Division of Elections to begin advertising the location of absentee voting stations at least 45 days before an election. (AS 15.20.050 previously did not refer to a specific time period.) The new law also repeals AS 15.20.048(b), a provision that had allowed the division to begin absentee in-person voting early at the regional election offices if ballots were available. The law now states that voting before an absentee voting official or at an absentee voting station may take place on or after the 15'~ day before an election, including Election Day. House Bill'109 - An Act relating to failure by an election official to execute the voter's certificate on an absentee (continued on page 8) Election News Message from the Director As you will note on page 3, the Division of Elections is conducting two consolidation elections this summer~the first in Ketchikan (just past) ana the second in Fairbanks next month. Both are by-mail elections. The article on page 3 takes you through the process and explains why the division chose to conduct the elections by mail. In this column I'd like to discuss two issues that relate to the elections: (1) the reason we conduct consolidation elections, and (2) our role in the process as that refers to voter education. Tide 29. ( Municipal Government), Chapter 06 (Alteration of Municipali- ties), Article 3 (Merger and Consolidation), Sec. 140 (Election), says: "The Local Boundary Commission shall immediately notify the director of elections of its acceptance of a merger or consolidation petition. Within 30 days after notification, the director Shall order an election in the area to be included in the new municipality to determine whether the voters desire merger or consolidation..." Thus, the division is required by state law to conduct consolidation elections. The reason is clear. In a consolidation effort two entities are determining whether they want to become one entity. A neutral party should therefore conduct the process by which they decide. Following the administration of elections, our second major responsibility is voter education. We take pride in our outreach efforts to voters, using a variety of communication tools to do so--our web site, voter guides, newsletter, press releases, brochures and other handouts, public appear- ances and contact with the media, for whom we serve as an information source. We've been asked why we have not conducted a voter education pro- gram for the consolidation elections. The answer is that the Division of Elections must remain neutral throughout the election process so that it retains public confidence in its ability to conduct a fair and impartial election. In statewide elections, neutral summaries of ballot measures appearing in the voter guide are prepared, as required by law, by the Attorney General's Office and the Legislative Affairs Agency. Nothing is more important to the electoral process than having informed voters go to the polls. We want and encourage it every way we can. The trust that concerned voters and organizations have expressed as they ask us to explain the consolidation subject matter is a compliment we truly appreciate. What we can do and have been doing is provide contact information, encouraging those who call to follow these good leads for · 3 Election News Division conducting large consolidation elections by mail The Division of Elections is conducting two consolida- tion elections this summer, both by mail. They are the largest by-mail elections the state has supervised and As Election News goes to press, the Ketchikan consolidation election is just past. Ballots were to be postmarked no later than July 17, 2001, which was Election Day. The division mailed almost 10,000 ballots in late June to registered voters within the Ketchikan Gateway Borough. The question on the ballot was: "Shall the existing Home Rule City of Ketchikan and the existing Second Class Ketchikan Gateway Borough be consolidated as the new Home Rule Mumcipality of Ketchikan?" Voters were to mark their ballots "yes" or The division, on July 17 and July 20, counted ballots received by those dates, and posted results on the division web site: www. elections.state.ak, us. On Friday, July 27, the 10~ day deadline to receive domestic absentee ballots, the division was to count again, and post updated results on the web. The last deadline to receive ballots (15 days after the election) is August 1. After these ballots are counted, the State Review Board will convene to canvass the election retums, and division director Janet Kowalski will then certify the election. Ifthe consolidation question passes, a second election will be held to choose municipal officials for a new Home Rule Municipality of Ketchikan. Reasons why voting by mail is increasing , It's convenient. You can do it at home at your leisure, taking time to study candidates and issues carefiffiy. You avoid overcrowded parking lots or difficulty finding child care~two common reasons why people don't vote. · It's cost effective. It reduces the administrative burden ofholding a polling site election--hiring election workers and moving tabulation equipment in and out of storage. The election can be conducted by permanent staff. . There's a higher voter mmout~perhaps the most compelling reason of all to consider by-mail voting be- cause of all the reasons cited above. "If we had to create an election system from scratch would we have the one used today with polling places open only one day and the difficulty voters have getting to the polls? A program such as vote-by-mail is more practical for getting people to vote." A1 Davidson Marion County Clerk, Oregon and, along with the Oregon League of Women Voters, a sponsor of the initiative establishing all by-ma# voting in that state Fairbanks will consider a similar consolidation question in an election late in the summer: "Shall the City of Fairbanks and the Fairbanks North Star Borough be consolidated as the Municipality of Fairbanks, a new second class borough?" Voters are to mark their ballots "yes" or "no." The division has, for a number of years, conducted certain rural school board (REAA) elections and other small elec- tions by mail. Between 300- 500 voters usually participate, although 2,000 voters traditionally participate in the Copper River REAA # 17 (Glennallen, Copper Center, Kenny Lake area) school board election. Ballots, to be mailed August 6 to almost 67,000 voters, must be postmarked no later than August 28, which is Election Day. The same process used for counting ballots in the Ketchikan election will be followed to tabulate the Fairbanks results. If the ballot question passes, a second election to elect a mayor and 11 assembly members will be held November 20, 2001. "That we are conducting the Ketchikan and Fairbanks consolidation elections by mail is a pro~essive step for- ward," said division director Janet Kowalski. "More and more states are moving to by-mail elections. Oregon now conducts all elections by mail. We're pleased Alaska is moving with this trend." 4 Election News R e dis tric tin g up da te In preparation for redrawing precinct boundaries and reassigning voters within them as a result of redistricting (see story below and boxed story on page 8), the Division of Elections has purchased precincting soiiware for each of the four regional election offices. The sol.are has "all ofAlaska's features" built into it, says the division's Mike Matthews, who is working with the regional supervisors on the project~"streets, rivers, and mountains to use as guidelines. It's a highly sophisticated (continued on page 8) Alaska Redistricing Board Plan The Alaska Redistricting Board on June 18,2001 adopted a final plan and proclamation that calls for elections in 17 of 20 state Senate seats in 2002. All 40 House seats will stand for election. (Except in an election following redistricting, 10 Senate seats are up for election. Forty House seats are up regardless.) There will be no elections in Senate District A (Ketchikan/Sitka/Wmngell~etersburg), Senate District K (Scenic Park/ East Anchorage/University/Medical Center) and Senate District T (Bering Slx'aim and what is known as the Arctic-- the North Slope Borough'and the Northwest Arctic Borough). Terms of incumbents in seven Senate districts---C, E, G, I, M, O and Q--will be cut short of the constitutionally- mandated four year term (Article II, Section 3, Alaska State Constitun'on) because the plan has "substantially" changed district boundaries. The board assigned two and four-year terms to the seats according to this schedule: Two-year terms Four-year terms A (no election) C (Southeast Islands/Interior Villages) E (Fairbanks/Fort Wainwright) G (GreaterPalmer/GreaterWasilla) I (Eagle River/Elmendorf~ort Richardson) K (no election) M (Spenard~umagain) O (Tak~Campbell/Lower Hillside/Indp. Park) Q (Kenai/Soldotna~ural Kenai) T (no election) B (Juneau~ouglas, JuneatffMendenhall Valley) D (Steese/Eielson/University/West Fairbanks) F (North Pole/North Mat-Su) H (R~I Mat-S~Chugiak) J (NE Anchorage/Mt. View/Russian Jack) L (Downtown Anchorage/Rogers Park/Midtown) N (Sand Lake/Oceanview/Bayshore) P (Abbott Loop/Mid-Hillside/So.Anch. to Valdez) R (Homer/Kodiak) S (Bristol Bay/Aleutians/Bethel) For the Redistricting Board's full report, including explanations and descriptions, visit its web site: www. al as ka redistrierin g. o rg Errata In the February issue of Election News, we stated in a story headlined, "Seats up for election in 2002," that all 20 state Senate seats were due to be contested next year because ofredistricting. That statement was premature, and as it turns 'out, inaccurate. We apologize for our error and any concern it may have created. -the Editor 5 Election News State has new primary election law, continued... In a letter to legislators, the govemor said, "I have decided to allow this bill to become law without my signature to indicate my concem with the bill's unneces- sarily restricting voter choice by requiting voters to pick one specific party's ballot for the primary election. (This bill) goes beyond what the ruling (in Jones) requires." Alaska had been without a primary election law that complied with the Jones case since the day following the August 22, 2000 primary. That election was conducted under emergency regulations that expired by operation of law following the last primary election. "We feel good about having a law in place that meets comtimtional mandates," said Division of Elections director Janet Kowalski. "We're also pleased that the law passed this session rather than neXt. This acti°n by the legislature giVes us the lead time we need to plan next summer's primary---to make computer programming changes, notify the public, train election workers and 'otherwise begin election preparation." The new law calls for a closed primary system to replace the state's former blanket primary. Provisions include: preceding a primary election (that would be this September 1) whether party-bylaws limit or expand who may participate in the party's primary. The requirement that.party bylaws for the primary election be precleared by the United States Depart- ment &Justice before they are submitted to the Division of Elections. The determination of a voter's party affiliation as of the 30~ day before the primary election. The requirement that nominating petition candidates notify the Division of Elections of their candidacies with supporting information on June 1 of the year in which the general election is held. However, the petition containing required signatures for these candidates is not due until the date of the primary election. The determination that nominating petition candi- dates will appear on the general election ballot rather than on both the primary and general election ballots. Kowalski noted that other provisions, though important, were not as significant as those just cited. A ballot for each political party. Voters affiliated with a party may vote that party's ballot and may not vote for candidates in any other party's primary. The oppommity for voters who are registered as nonPartisan or undeclared to vote the political party ballot of their choice unless the party's roles prohibit this participation, but they may only select a single party's ballot. Voters who are registered with a party may not vote the ballot of another party unless that other party's roles allow it. The requirement that political parties notify the Director of Elections by September 1 in the vear A Primary Election Task Force appointed by Lt. Gover- nor Ulmer last January (see Election News,.Volume 5 No. 1, February 2001, page 3) had developed a bill that was introduced through the govemor's office and the House Rules Committee. This version of liB 193 called for a primary that was similar to Alaska's former blanket primary system, but which met the requirements of the Jones case. An analysis of the Task Force bill and the primary election legislation that passed begins on page 6 with interviews of principals who participated in legislative heatings on HB 193' Rep. John Coghill, chair of the House State Affairs Committee, and former Attorney General Avrum Gross, who chaired the Task Force. 6 Election News Rep. John Coghiil looks at new primary election law Rep. Coghill Rep. John Coghill, (R-North Pole), believes only members of a political party should choose its candi- dates for public office. He believes only they should formulate party philosophy. He says only they should therefore have the right to select candidates represent- ing that party in a general-election contest against candidates fi'om other parties. He likens it to his feelings about the philosophy, organization and leadership of a church. "I'm a Baptist," he says. "I don't believe Methodists should select my pastor." Regarding House Bill 193~which became the state's new primary election law--he says, "I wanted a totally closed primary for Alaska. We didn't get it. We got close to it, but we didn't get it." As chair of the House State Affa~ Committee, he played a major role in the evolution of the legislation. "I knew it was coming to my committee, so I studied the bill Governor Knowles introduced, I studied the history of primary elections in other states and I decided that if people band together under a party banner only those people should have the right to decide who their candidates are." the right to free association and that's exactly what I'rn talking about. That freedom should be protected." The new law "forces parties to take voters who are regis- tered as nonpartisan or undeclared unless party roles specifically protu'bit it," he says. This, he believes, is unfair to political parties. "It is a privilege of party doctrine to have free association. A party should be able to say, 'We will include you,' not be required to say, 'We will exclude you.'" He does aCknowledge that the law protects parties "to a degree--it's better than the Task Force bill." The Task Force bill would have provided undeclared and non- partisan voters with a blanket primary ballot that listed all the parties' candidates if party roles permitted. The f'mal version of liB 193 requires undeclared and non-partisan voters to select one specific party's primary ballot. Coghill was "pleased" that changes adopted to the original Task Force bill "were headed towards a closed, not a blanket, primary." He voted for the legislation, which pass the Senate 14- 6, and the House, 36- 0, with four mem- bers absent. He agrees with the provision in the new law that requires a voter to declare party affiliation 30 days before the primary election. "It is, after all, a primary election for partisan candidates," he says. The North Pole representative says he did not want party nominees chosen at party conventions, a possible altemative to holding an election. "I wanted the state to conduct the primary. I wanted to see voter participation and there will be more of it through an election. I value the opportunity for the dissemination of information an election offers. The state runs a clean, orderly election. After all, there is a public purpose to all this." He says his case is strong. He says what he believes is what the Supreme Court said in California Demo- cratic Parry v. Jones. "The Court said parties have 7 Election News Task Force chair Avrum election legislation Gross comments on primary Former Attomey General and Primary Election Task Force chair Avrmn Gross says House Bill 193 as passed by the legislature will "discourage people from voting in primary electiom." "More than half the state's voters are registered non- partisan or undeclared. The new law calls for a series of closed primaries, the only function of which is to compel someone to identify with a party and limit the number of people who will participate in the primary election," he says. "The Task Force wanted the widest possible participa- tion by voters. That's where we started. We wanted to keep the primary as close as possible to what Alaskan voters liked in the blanket primary system. Our bill, ~ introduced by the govemor, did that. And it was consis- '~ · ~ent with the Jones decision." The Task Force bill allowed all voters to receive a blanket ballot with every candidate fi'om every party on it. Then, through party by-laws, Gross says, Republi- cans, for instance, could "opt members of the Demo- cmtic party out of voting for Republican candidates, meaning that only Republicans and independents (non- partisans and undeclareds) would get the blanket pti- mary ballot with Republicans on it. Democrats would get a blanket primary ballot, but without Republican candi- dates on it." While allowing parties to limit who could participate in the selection of their candidates in the primary, under the Task Force bill parties then could not restrict their members from voting for candidates of other parties listed on the blanket ballot if those parties so allowed, he says. "Under the legislation that passed, if Republicans decide -}nly Republicans and independents can vote for their Candidates, voters get a ballot with only Republican candidates on it and they can't vote for anyone else. If you vote for one Republican, you have to vote for all Republicans. This allows parties to tell you whom you can vote for in every race." Former Attorney General Gross Gross noted that this was not what the U. S. Su- preme Court required under Jones. Jones required that states allow parties to restrict the people who could vote for their candidates; it does not say that parties can restrict people who vote in their prima- des from voting for other party candidates for other offices, Gross said. The former attorney general stated that a primary election system is a state-mandated system for selecting candidates. "It should be written so the maximum number of people participate. The law should be written to encourage their participation and the legislation that passed does not. "That legislation is aimed at strengthening political parties, not encouraging voter turnout. That doesn't make sense in a state where more than half the voters consider themselves independent." (Members of the Task Force m addition to Gross were former Lt. Govs. Lowell Thomas, Jr., H.A. "Red" Boucher, Stephen McAlpine and Jack Coghill, Joyce Anderson of the League of Women Voters, and former Attomey General Doug Baily.) 8 Redistricting Process Alaska Division of Elections Responsibilities i Design and establish precincts that are located within the final district lines adopted by the Redistricting Board. I Prepare legal descriptions of each precinct. l Reassign necessary voters to their new districts and precinct designations and notify voters of the change. l Preclear, through the Department of Justice, precinct boundaries and polling place locations. Procedures Until precleamnce is received fi'om the U. S. Department of Justice and all possible litigation is settled, the division is unable to establish a timeline for the completion of final precinct boundaries and the transfe~g of voters to the new precincts. However, the division will prepare preliminary precinct boundaries based upon the final plan using the following procedures: l Design and establish precincts within the new district boundaries using mapping software. Considerations for designing precincts will include historical voter turnout, population of the area, access to polling places, traffic patterns and existing precinct bound- aries. I I l I Prepare legal descriptions of each precinct boundary. Upon the establishment of precincts, the division will conduct a manual review of all existing streets to determine their precinct assignment, using maps, atlases, and other geographical information. Upon completion of the review, data entry will be conducted that will assign streets with changes to their new precinct desigmtion. Once the f'mal plan has been adopted and precleared and possible litigation is sealed, the division will transfer voters into their new districts and precinct assignments. Election News Redistricting, continued... mapping progrmn," he says. Matthews noted tho~ became of this, the division will be able to draw detailed maps of election districts, precincts and neighborhoods. These will be available to the public and "far better than anything we've had to offer before," he said. "Internally we are now preparing for big work~ checking present district boundaries and descrip- tions against new boundaries outlined in the Redistricting Board's plan," says Region I supervisor Pam Crowe. "We need to be ready for the 2002 elections. In the past there have been challenges to the redistricting plan, and it would appear there will be again this time, but we are going forth with the plan and will continue until challenges are resolved," she said. Election laws, continued... ballot or by a person authorized by law to execute the voter's certificate on a ques- tioned ballot "This means that if the voter has done everything appropriately the ballot will be counted even though it may not have been properly signed and dated by the attesting official," said division legislative liaison C_mil Fenumiai. Division to conduct other elections In addition to conducting consolidation elections in Ketchikan and Fairbanks this year, the Division of Elections is conducting a liquor option election in Akiachak August 7, 2001, 19 Regional Educational Attendance Area (REAA) school board elections and four Coastal Re- source Service Area (CRSA) board elections. The REAA and CRSA elections are scheduled for October 2,2001. The Akiachak election is a by-mail election as are several of the REAA elections. 9 ,,Meet Marilyn Sims, Region II's specialized voting expert Marilyn Sims Is the average voter someone who goes to the polls on Election Day? ., This has been the stereotype but the troth is there really no longer is an average voter Some voters sign up early in an election year to receive primary and general election ballots in the mail for all state elections in a calendar year. Or they apply to vote absentee by mail a few weeks before an election. Some voters choose to vote absentee in person begh~- ~fing 15 days before an election when absentee voting stations open because they enjoy going to the "polls" but want to vote when it's convenient or they will be away on Election Day. Some voters, because of unusual circumstances, choose to vote by fax. Or if they can't go to the polls (,due to age, illness or disabilit.y) and they haven't applied to vote by mail, they may choose to vote with assistance fi'om a personal representative. Tlzis can be a fi'lend or relative or a representative 'from the Division of Elections re~onal . ~ffice. The division calls this special needs voting. The increasing diversity in today's electorate encourages the Division of Elections to arrange for a variety of voting Election News options. The reason is that the division wants every single voter to be offered the oppommity to cast a ballot. "We will go to ~eat lengths to see that this is accom- plished," says Marilyn Sims, administrative assistant in the Region II (Anchorage, Matanuska-Susima Borough) election office. An important aspect of her job is absentee and special needs voting. Beginning in the spring of an election year. Maril)-m sends absentee voting infon~nation, posters and by- mail applicatiorts to local care facilities, such as the Pioneers' Home and Mar3, Conrad Center as well as libraries, U.S. Post Offices. travel agents and various state and private agencies. Closer to Election Da~v in Augxtst and November She makes arrangements with local hospitals to assist voters who are patients at their facilities. In. the .immediate Anch.omge area this means contact with Providence Alaska Medical Center. Alaska .Regional Hospital, the Alaska Native Medical Center and Alaska Psychiatric Institute. These arrangements include supplying posters with. pockets in them that hold applications to vote by utilizing a personal representative. Th.ey include talks with patient services coordinators to see that flyers describing voting procedures will be placed on dinner and breakfast trays and scheduling times tbr the division's personal, representatives to visit the facilities to assist patients interested in voting. The planning is designed to lead to an important goal because a significant deadline hangs out there. Teams of temporary assistants she hires to manage personal representative voting on Election Day must remm voted ballots to the Region II elections office no later than 8 p.m. on election night, the same time the polls close. "In. the 2000 general election I had eight temporary assistants~four teams of two---mmmging the personal representative voting process on. .Election Da35" Maril.¥:n says. "We mapped out the locations of voters we were assisting at private residences and the hospitals so that teams travel.ed efficiently through, the ci~,; helping keep costs lower and enabling u~s to se.r~e as many voters as possible." Reports obtained from. the voter registration records are used to pinpoint those voters in her region who '(continued on next page) 10 Marilyn Sims, continued... may wish to vote by one of the absentee processes due to special, needs. To these voters she sends a letter that includes a by-mail ballot application offering them an option to receive their ballots through the mail as well. as intbrmation about voting in person at an absentee station or through a personal representative. "Anchorage and the Mat-Su Borough are the most urban ofth.e state's four election regions." Maril~vn notes, "but we do have voters in rural, areas. 'From a geo- graphical infommtion database we can easily detemfine those who live in a remote area and send them bv-mail appl icatimxs to encourage them to vote absentee." The postmaster in Skwenma, Joseph Delia, who has been the absentee voting official there for many years, has been particularly helpful in encouraging people in his area to vote, Marilyn says. Skwentna, in House District 28, is located northwest of Willow on the Yema River and is accessible only by plane or boat. Marilyn's planning also includes contacting corrections facilities as an election cycle begins. "Confined people who have been convicted ora misdemeanor may vote," she says. (Individuals convicted of a felony involving moral turpitude may not vote until all obligations im- posed by the court have been fulfilled and they have been unconditionally discharged, restoring their voting rights.) "Persons confined in correctional facilities who are eligible to vote may receive ballots by mail," Mafilyn says. "I. send out posters with. by-mail ballot applications to facilities such as Hiland Mountain/Meadow Creek Correctional Centers, Cook Inlet Pretrial Facilit3' and Mat-Su Pretrial Facility', to name a few. Voters in. these facilities rnay also vote by ihx." InIbmmtion explaining Election News the fax process is Pro~,Sded to these facilities shortly before 'Election Dav. In addition to organizing early voting for the state's largest election region Marilyn Oversees th.e packing and distribution of polling place supplies for the region's 139 precincts, for its absentee voting stations and absentee voting officials--everything from pens and pencils to forms. Region II absentee voting stations are located in the Dimond Center Mall, the Ted Stevens International Airport, Access Alaska and the University of Alaska. Absentee voting officials are located at the Houston City Office, the Talkeetna Public Library, the Wasilla City Office, Mat-Su Borough Office, Ctmgiak Senior Center and at Lake Louise, Skwenta and Trapper Creek. Marilyn also orders reports, such as voter lists, when the public requests them and supervises the production of letters to voters whose applications to vote the division could not process. It's an interesting and fiflfillingjob, she says. She's been at it long enough to know--since 1992. Bom and reared in Seattle, she lived there until she moved with her family to Kotzebue in 1981, and then to Anchorage in. late 1983. In this particular off-election year Marilyn is part of the Region II team working on changes in districts and precincts related to redistricting. A voter's district and precinct is assigned by residence address. Her area of responsibility is the three districts in the Mat-Su Borough. "There have been numerous street and road enhancements in the borough, so we have to be sure our road and street information is accurate," she says. 11 Election News In case we didn't remember... Independence Day is the national holiday of the United States of America commemorating the signing of the Declaration of Independence by the Continental Congress on July 4, 1776, in Philadelphia. At the time of the signing, the United States consisted of 13 colonies under the role of England's King George III. In 1774 the 13 colonies sent delegates to Philadel- phia to form the First Continental Congress. They were unhappy with England but not yet ready to declare --~.war. The following May the colonies sent delegates to a Second Continental Congress. For almost a year the Congress tried to work out its differences with En- gland, again without formally declaring war. By June 1776 their efforts had become hopeless and a committee was formed to compose a formal declaration of independence. Headed by Thomas Jefferson, the commit- tee included John Adams, Benjamin Franklin, Philip Livingston and Roger Sherman. Thomas Jefferson was chosen to write the first draft, which was presented to the Congress on June 28. After various changes, a vote was taken late in the afternoon of July 4. Of the 13 colonies, nine voted in favor of the Declaration. Pennsylvania and South Carolina voted no, Delaware was undecided and New York abstained. Although the signing of the Declaration of Independence was not completed until August, the 4~ of July has been accepted as the official announcing of United States independence. The fzrst Independence Day celebration took place July 4, 1777. Introducing The Alaska Democracy Project Task Force Lt. Governor Fran Ulmer's Alaska Democracy Project Task Force (see the lt. govemor's column, page 1), includes community leaders, educators and business people from throughout the state. Educators are Alma Elia (St. Mary's), Mary Bristol (Anchorage School District), Grant Kashatok (Kipnuk), and Letitia Fickel (UAA). Joining them is Bethel High School student Rae Fancher: Business and civic leaders on the task force are Jo Michalski (Anchorage businesswoman), Sammy Crawford (League of Women Voters of Alaska), David Baranow (Alaska Bar Association), George Irvin (First Alaskans Foundation), Carl Rose (Association of Alaska School Boards), Steve Lindbeck (Anchorage Daily News), Michael Jackson (magistrate, Kake), Ken Macgregor (Alaska Parent Teacher Association), and Betty Walters (Alaska Council of School Admimstra- tors). Election News, STATE DIVISION OF ELECTIONS Please contact the following Division of Elections personnel for information and assistance regarding elections. All telephone numbers are (907) prefixes. The FAX number for the director's office is (907) 465-3203. E-mail addresses are firstname_iastname@gov.state.ak, us Director's Office Janet Kowalski, Director Lauri AIIred Administrative Officer Barb VVhiting, Election Coordinator Gaii Fenumiai, Election Programs Specialist Virginia Breeze, Election Projects Coordinator Mike Matthews, Election Technician Shannon Morgan, Administrative Assistant 465-4611 465.4611 465-5347 465-3049 465-3935 465-3051 465-2057 465-3048 Regional Supervisors Pam Crowe, Region I, Juneau Carol Thompson, Region II, Anchorage Shelly Growden, Region III, Fairbanks Monica Giang, Region IV, Nome Election News editor: Virginia Breeze virgin ia_breeze@g ov. state, ak. us 465-3021 522-8683 451-2835 443-5285 http://www.elections.state.ak, us FAX 465-2289 522-2341 451-2832 443-2973 Division of Elections P.O. Box 110017 Juneau AK 99811-0017 FIRST CLASS MAIL US POSTAGE PAID JUNEAU AK PERMIT NO. 24 CITY CLERK CITY OF KENAI 210 FIDALGO AVE, SUITE 200 KENAI AK 99611 i..... KENAI MuNIcI~2AL AIRPORT ....... ~ ENPLANEMENTS ! ,, ,, , , JULY,2001,,,,,, , ,, , ' J 2001 Monthly Enplanements Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals (.~) ERA 8,300 7,137 8,216 7,058 8,143 9,044 12,093 (2) XXX 0 0 0 0 0 0 0 Total 8,300 7,137 8,216 7,058 8,143 9,044 12,093 59,991 0 59,991 1996-2000 5 yr. Average 8,069 7,478 8,288 7,294 8,076 9,814 13,249 11,412 8,869 8,692 8,229 8,174 Monthly enplanements DOWN 643 compared to July 2000. Total year to date enplanements UP 898. KENAI MUNICIPAL AIRPORT FLOAT PLANE BASIN ACTIVITY- 200~ OPERATIONS m m m mm m m m m mm m m m m mm m emro m mm m m m m mm m mm m m m m m mm mm m m mm m m mmmmm MAY 0 JUNE 0 JULY 313 AUGUST 0 SEPTEMBER 0 OCTOBER 0 TOTAL TO DATE 313 mm m mmmmmm m m m m mm--mmmmmmmmmmmmmmmmmm mm m m mm mm m mm AUTOMATED FUEL FACILITY m m m m m m m m m mm m m m m mm m m mm m m mere m m mm m m mm m m m m m mm mm m m m m m m MONTH JUNE JULY AUGUST SEPTEMBER OCTOBER TOTAL GALLONS SALES 445 $1,189.57 1204 $3,221.24 $4,410.81 mm m mmmmmmmm m m m mmmmm mmmmmm m mmmmm m mmm m m mmmmmmmm SLIPS LEASED m m m m m m mm mm m m m m emro mm m m mm m m m m m m m m m m m m mm m m m m m m m mmm m m PRIVATE 11 COMMERCIAL 0 Rev 8/3/99 o . INFORMATION ITEMS KENAI CITY COUNCIL MEETING AUGUST 15, 2001 2001 Amending Gaming Permit Application/General Buckner Post # 16, Inc. 8/2001 Soldoma Chamber of Commerce, Chamber Connection. , Department og Revenue State of Alaska See insi'ructi°ns Tax D~s~ 2001 Amended Gaming Permit Application back of form. PO Box 110420 Juneau, AK 998~-0420 AS 05.t5.020 Telephone 907.465.2320 state ak. us ta forms I .-. ~ ' ,i.-L..I~,,.. . ~ [,..:~.~ This form is also available on the Interest at www.revenue, . / x/ ORG.~I_rrRTIONINFORMATION ...... _ . . . . ii .. :' _ ~I ~/ ~. ......... ...... ---- .................. .-.",.. i;~. ~.7 J Organization Name ~,e ,~~~z'-,~/~ ~"~p //'~e-) le ne CGMPL_~rE ONLY IF THERE IS A CHANGE IN ..r. ................ i'~'~m~ .......... ~--..~i":'~i''~:' '' · ..... ...... ', ...... ..... .. , , N~ PERSO~ IN ¢~G~ OF GAMES. la~mons mu~ be d~t~~ acth~ m~mbem o~ th~ organi~m, ~ ~n em~ o~ fl~ muni¢t~l~. ' New Alternat'$ Membe-r Name ........ EJfe~iv$'DMe';iChange' - ' S~l SecUrity N~m~r I~iling Address ...... ' tEffective I~a~e'~f'Change' ' ' ' ' Daytir~e Phone Number Has the primary member taken and peseed the test? "0 Yes O No Permit number under whioh the test wa~ taken ..... O~rr~ ?¥1~ (us~ for completing information Social S~:=urity Numbe'~' ...... Malii~g'A'ddress ....... IDa/time ~h0r:,e"NUmber' : City, State, Zip code ................... Has the alternate member taken and pammcl the test? Permit number under which the test was token. JBingo Contest of Skill Fish Derbies Puli,Tabs Deep Freeze Classics Goose Classics Re, mas &, Lotteries Dog,,Musher', s S~,takes,, , Ki~ Salmon Class~c,s , ADDITIONAL ACTIVITY CONDUCTED BY ORGANIZATION FaCility Name .............. Physi~.,al 'Address ...... Oar~ Typ~ ........... is' ~ac~ility __, ,//~,~~,,,'~, Z, ,,~~,,,~~'/// 0 Donated CHAN~,= O~ vL=.~ (Pu,'T.b, .re ~ o,W g~.,.,. ~..dor o,,. ~o.du~) ~~ ~eg/~.~ e~ ~e~ m~i ~ "~,~. .......... .... N..~, o~ ve~ .................. ~hy~' Add"," ........................ 0'A~ ............................................. 0 D,,~. ........... Mer~ur~ Class'~, ...... sa~m'on cia 'sSics Race Classics Canned Salmon Snow M~, ~ip~ Cla.ics ....... classics CHANGE OF OPEEATOR ............ p~l Addre~''L " Q~me Type(s) Operator's'License NUmbm: "' CHANGE TO OR FROM MULTIPLE-BENEFICIARY PERMITTEE [-- - . of IVlBP ................. pjly~J~l' ~'~ ............... G~m~e' Typ~s) ........ MBP Numbe~i THE~E QIJESTION~ MUST BE A~. (If you answer yes to either question: please Subm~.the persons name and IX:~tfl°n of responsibilitY.) .... []Ye~ ~ Has any member of management or any pemon who is responsible fm gaming acUdtlee ever been convicted of a felony, extortion, or e violation al' ~ ~ or ordinance of this slate or anather jurisdiction that la a crime invoMng theft or dishonesty or a violation of gambling Imw? Does em/member of rrmrmgement or any person who is responsible for g~ming activities have ~ prohibited financial interest as defined by 15 AAC 160,g54 - 959. We declare under penalty of unswom fal_~sifi~tion, that we have examined this application, including any attachment, and that to the best or · _.belief, it is t~ and c°mplete,,'..,We ~nd that an.y .f,al ,~, ,statement made on this appli .c.a.t. ion o,r any attaohrnents is punishable by law. IPrima.ry Mem~natum /"- () ~, -~"~ JPdnted Name ' ' '~e ......_ ....... I I~ id enF~.~.~%~?,,..~5, nt § ig ~ ~ lbdni~'Nam~_~.' ~,t~ .............. Ix~~,.~~C: ...... ~/....1 ..... ~..~ .r__-,~~_~~ ...... our knowledge and ~,./ ,,; ,, ugu~'t' 2001 // ume 14 ............. ~.ssue 8 Visit us at' www.5oldotnaChomber.com Email us at' info~5oldotnaChember.com NND TIlE WINNERS ARE GRAND OVERALL 5oidotna Senior Center YOUTH MARCHING GROUP lst--$kyview High Cheerleaders 2nd--Peninsul~ Marshal Arts ~oup ADULT I~ARCH:[N~ lst--Am~ican Legion 2nd--VFW ORGANIZATIONAL FLOAT lst--5oldotna Police Deportment 2nd--5oidotno Public Library CO~ERC]:AL FLOAT lst--Alaskan Hospitality Lodge 2nd--$penard guilders Supply COMMERCIAL ENTRY [st--4-b Carpet One 2nd--The Fitness Place ORGANIZATIONAL ENTRY [st--Peninsula Dog Obedience Group 2nd--Anchorage Community Theater- Broadway Kidz CHURCH GROUP lst--Apostolic Assembly of God 2nd--~race Lutheran Church AN~J~QUE, CLASSIC AND SPORTS CAR GROUP lst--Gary Mitchell Znd--Zce Crow ADULT ENTRY lst--Weenies on Parade 2nd--Formhill Form Tractor CHILD ENTRY [st--5oldotna Coop Pre-School 2nd--Sarah ~ohorcich BICYCLE GROUP lst--Cook Inlet Academy 2nd--Kalifornsky Christian School HORSE SINGLE I:~DER lst--bonna Lohrke HOP, SE GROUP ENTRY ls?--$oldotna Equestrian ~nd--Anchor Point Riders On behalf of the 5oldotno Chamber of Commerce, we wish to thank everyone who contributed time, money and creativity to help make this ANOTHER successful Progress boys Event. We appreciate everyone who entered the parade, who live and work along the parade route and oil who c~me to see our porode--"A 2001 Fish Odyssey." We would also like to recognize Unocal Oil & Gas for another year of sponsorship; Tesoro for the use of their tent; VFW Post 10046 for providing Color ~u~rd and the setting up and taking down of the reviewing stand which was provided by Lynden Transport; to Barbara Ruckmon, head of the Judges Committee and the Judges (they really hod their work cut out for them) Don Hahn, $ommie Cole, ,Toshua Jansen, Wendy Meloon, Rick Bucy, ~Terry Litzenberger, Dwight Johnson, Sara Pozonsky and Joel Kopp; MC,, Terry Covoi' Barbara Ruckmon for starting the events by ,',Continued on page Z) Welcome to the Soidotna Chamber Special thanks to ALL 663Members... You're all GREA TI!I!!! A Stone's Throw Laura Macdonald Cooper Landing 262-4634 Cabins .. - .'KG. Alaskan Adventures LLC Mike Cemy PO Box 313. Sunol, CA (925)862-2195 Cabins Kenai Kayak Co. Tom Wilkinson PO Box 2598, Soidotna 262-7973 Sightseeing/Tours Beluga Lookout Lodge & RV Park Jerry & Kathryn Dunn 929 Mission Ave., Kenai 283-5999 RV Parks & Campgrounds Island Watch B & B Eileen Muilen PO Box 1394, Homer 235-2265 Bed & Breakfasts You have just joined the 3rd Largest Chamber of Commerce in the State of Alaska The Chat Room Jennifer Stubblefieid 139 Warehouse Ave., Soidotna 260-7511 Internet-Public Access The Clearing Co. (Stump Grinding) Kdstin Osmar & Jim Reed PO Box 38, Clam Gulch 252-2238 Landscaping (Continued from front) Progress Days Thank you-- singing the Notional Anthem; Music Box for the 5ound 5y'stcm ~nd technical support; Church of ,Tesus Ch¢ist of L~tten bay Saints fan ~il th~ strong young men to help set up the Ttsono tent and ~t the line up; the City of 5oldotna and the 5oldotna Police Dept. fan ~ii their help and support; C: & ¢ Stables for providing o first class ride down Binkley for our King and Queen; CE5 for the ~REAT lineup of vehicles; Coc~ Col~ fop pnoviding the banners; Anchorage Community Theater-Broadway Kidz for the live entertainment; Arctic Printing for printin9 our posters' 5etkins Ford, Hutchings Chevrolet, Kenai Chrysler Center, and Glacier Pontiac, Buick GMC fop pPovidin9 cars fop the m~ny dignitaries who tuvned out to help. celebn~te 5oldotno's PnogPets. Of couvse we couldn't hove done it without oil the behind-the-scenes assistance of Ken Lancaster, Chortie Weimer and Norm Blakeley as they organized the parade lineup, the Kenai Peninsula Borough for the use of their parking lot and lost but not least our Grand Marshal, Les (& Clara) Anderson and Our King and Queen 3ira and Betty Harris; o special thanks to our vendors who spent hours setting up your booths, opening for business and weicomin9 the crowds after the parade. We applaud your efforts and ~re continuously working on making each year bigger and better. St was truly o (~RAND event cetebrotin9 5oldotno's 41st Annual Progress boysJ THANK YOU XENAI PEN3::NSU~ ANb V~SZ-i-O~5 TOUR COMPANY FROM GERMANY STOPS BY SOLDOTNA VISITOR . .:~-~-:~On July 24, 2001, '-.~: ',visitors made their wc o " the City of $oldotna. Their destination was the 5ol- dotno Visitor Center to see the World Reco~d King ,Salmon. That may not seem ...... to unusual, but they from Germany. t~[J¥'¢i Tours, a tour company Germany had their double decker bus shipped to to do a 28 day tour of the State of Alaska. This i fifth year making 5oldotna o place to visit. For" infovmation on the tour company, you can visit thein we~ page at www.totel.de 'MEMBER NEW5 The Kenai Peninsula Horley bavidson & Buell would like to invite otl Horley Owners to a Muscular Dystrophy Association Benefit. August 18 riders will leave the House .of Horley in Anchorage and ride to the Kenoi Peninsula Harley Davidson in $oldotna. $25 registration fee includes a T-Shirt, BBQ end a chance to win' · NEW Buell Blast Motorcycle · Two RT to Hawaii · $500 Horley ~hopping 5pPee · Overnight stay at the Toikeetno Alaskan Lodge FoP more information call 260-6777 Kenai Kina cauaht July 11, 2001 from ( ) oidotna Visitor Center Classic Fish Walk fish on!! VISITOR-. CENTER SIGN GETS FACE-LIFT We would like to thank the Church of Jesus Christ Latter Day Saints for sending us the most helpful missionaries Elder Brown, Elder Brimnail Elder Bergstrom and Elder Jeppsen. Ail of these young men have volunteered for the Soldotna Chamber of Com- merce for over 50 hours. Just to name a few odd jobs they have helped us with; Taking off Christmas Lights, packing over 1000 lbs of reading material up and down the stairs, folding and stuffing newsletters and the most obvious one is painting the Soldotna Visitor Information sign. :i:N DUST~'Y APPRECT'A-I-ZON DA"/ Augusl' 2:5, 2001-Noon 1-o 4 pm Kenoi Boll Fi~Ids-F~EE FOOD & FUN ,, ) PLEA SE JOT_.N US! ' The Industry Appr¢ciotion Csi¢brotion was established several years ago to acknowledge and thank Industry for the contributions they make to our lives. This year we ore very excited to acknowledge the Tourism Industry again os wetl os the Oil & ~os and Commercial Fishing Industries. Zn order to make the 200! Industry Appreciation Celebration o success, the Industry Appreciation Awards Committee asks that you please fill out the enclosed nomination form by Aug 10,200:[ and moil to the 5oldotno Chamber of Commerce et 44790 5tatting Hwy., 5oldotno, AK 99669 or fox it to (907) 262-3566. The categories ore; · Outstanding Business or' Organization in Tour'ism-A ?our'ism business or' organization that has made c~ significant impact 1'o the development of tour'ism on the Peninsula. · Outstanding Tour'ism Support Business-A business that has shown substantial support to the tour'ism industry. ' ' "~sl'cmding Zndividucil in Tour'ism-A per'son involved ~L~_.x'he tourism indus'try 1'hal' has mede o significant impact to the industry. Thank you for your nominations. With your help, this Zndustrv Appreciation Celebration will be the best everj ( Elder Bergstrom left and Eider Jeppsen right) YZSZTOR eENTEP. STAFF GET5 PA T ON BACK! "All of you ore wonderful folks in the Tourist Znformotion ¢snter and ore so helpful. We ore grateful to oil of you. Kim's enthusiasm for the sights and delights of our oreo shines through with oil who work and volunteer to promote 5oidotno's busi- nesses and tourism." Kenoi River _Tnn-~Tune & Lorry Woltrip (Chamber Member) "Thank you for your kindness end wonderful help lost Wednesday when we were desperate for lodging. Tobitho was so helpful and coring. Thanks ogoinj" Carolyn and Givonnie Bertussi (5on Diego, CA) Dear Chamber Membership, "Your help desk was wonderful to help this lost Texas Family late evening during the fully booked 5olmon Run. Young Tobitho was so helpful. We finally found Lokeview Cabins, where Russell end Corolee Lesterson hosted us like family. Russell took us fishing and we hod o great stay. Zobitha went the extra mile after hours to help us. 5h~ is or¢ol asset to 5oldotno! ¢ongrotuiotionsl" Zh~ Dr. Z Boeu Fomily (Texas) Please, if'you haven't already, come into the 5oldotno Visitor Center and meet this summer's wonderful staff. They ore truly th~ embossodors of 5oldotno! Tobithio, Modelyn and Wondo ore doing on awesome job and deserve o round ot: applause. May Visitor Count-6,870 3'une Visitor' Count- 13,730 ,Tuly Visitor' Count-?_6,475 $oldotna Chamber of Commerce ~:~,TgO Stalling Hwy. ..$oldotna, Al( 99669 PR,SR'I' $'r'D U.S. POSTAGE PAI'D SOLDOTNA PERMZ'T' Nd.A# City of Kenai Mayor John Williams 210 Fidalgo Ave. Kenai, AK 99611 .,,. m 0 (D MAKE PACKETS COUNCZL PACKET D~$TR~BUT~ON COUNCIL MEET~N6 bATE: , Mayo~/Council Attorney ~ Ta¥1o~/Sp~in~le~/Kebschull Clerk / City Manor/er / Public Works Police Deportment v~ Finance ~ ~En~/inee~ Senior Center / Airport ~ Kim Libra~ ~' Parks & Recreation ~'Clarion Fi re Department ~/ ~ ~''''' AGENDA D~$TR~BUT~ON Sewe~ Treatment Plant Streets ~hop bock Building M~inten~nce Animal Control Wete~/$ewe~ Counte~ Fax by computer to (see Microsoft Fax f~om Contacts; Agenda List' printer list; Address Book; Assembly Members KSRM HEA Kenai Chamber of Commerce ~Ton Little (Daily News/$oldotna) KVCC KDLL Ebb DELIVER Council Pockets to Police Department Dispatch desk. The Clarion will pick their packet up at City Hall. The portion of the agenda published by the Clarion should be foxed as soon as possible after Noon on packet day. The camera-ready agenda (c:/myfiles/document$/minutes/agenda form for p~per)is emailed to the Peninsula Clarion (at email Contacts). Home Page documents (agenda, resolutions and ordinances for public hearing) ore placed in the Clerk's HTAAL file. Place them onto the city's website from there as soon as possible.