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2002-04-17 Council Packet
Kenai City Council Meeting Packet Apri I 17, 2002 AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 17, 2002 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) o Philppa Sonnichsen/k KPHA Pee Wee C Hockey Team -- Season Update , James shill, Ex. Director/Central Peninsula Counseling Services -- Proposed Residential Treatment Center for AdolesCents. ITEM C: PUBLIC HEARINGS . Ordinance No. 1951-2002 -- Increasing Estimated Revenues and Appropriations by $12,200 in the Terminal Enterprise Fund for Roof Repair. . Ordinance No. 1952-2002 -- Increasing Estimated Revenues and Appropriations by $15,600 in the Council on Aging-Title III Fund. a. Motion for Introduction Motion for Second Reading (Requires a Unanimous Vote) Motion for Adoption , Resolution No. 2002-17 -- Awarding the Bid to Kenai Chrysler Center for a 2002 Police Patrol Car for the Total Amount of $21,606. , Resolution No. 2002-18 -- Pursuant to KMC 22.05.045, Setting the Rate of Interest to be Included in Notes Taken on Sale of City Lands. . . , . 10. ITEM D: o 2. 3. 4. 5. 6. 7. ITEM E: , ITEM F: ITEM G: ITEM H' . . . Resolution No. 2002-19 -- Awarding the Bid to Peninsula Roofing, Inc. for Kenai Municipal Airport Roof Repairs 2002 for the Total Amount of $57,126, Which Includes the Basic Bid.and Additive Alternate. ResolutiOn No. 2002-20 -- Awarding the Bid to Alaska Pipe and Supply for Kenai ARFF/SRE Facility Breathing Air System for the Total Amount of $30,403.28. Resolution No. 2002-21 -- Awarding a Contract to NC Machinery Co. for a Caterpillar 14H Motor Grader for the Total Amount of $273,394. *Transfer of Liquor License -- Kenai Golf Course Cafe, Inc., d/b/a Kenai Golf Course Cafe -- Restaurant/Eating Place to Gary E. & Susan L. Schnelting, d/b/a, The Hole-N-One. *Application for Restaurant Designation Permit -- Gary E. Schnelting & Susan L. Schneltin§, d/b/a The Hole-N-One. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUTES *Regular Meeting of April 3, 2002. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Pa/d, B/ils to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1953-2002 -- Increasing Estimated Revenues & Appropriations by $3,000 in the Senior Citizen's Title III Grant Fund for a Grant From the State of Alaska and Transferring Grant Match Money from the Borough Grant Fund. o Approval-- Kenai Golf Course Restaurant a. Cancellation of Lease and Consent to Cancellation of Lease (Kenai Golf Course Cafe, Inc. and Richard Morgan) b. Sublease Agreement and Consent to Sublease Agreement (The Morgan Family Limited Partnership and Gary E. and Susan L. Schnelting). Approval-- Specie Use Permit/Kenai Airport Fuel Services . , Approval-- Kenai Watershed Forum Memorandum of Agreement Discussion -- Schedule Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Denial of PZ02-15 Variance Permit for an Oversized Sign at 9711 Kenai Spur Highway-- Challenger Learning Center of Alaska. o Discussion -- R&~ Seafoods/Request for Reduction in Lease Rates o Discussion -- Local Improvement District -- Pillars Subdivision/Report to Council. ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SF~$ION- Personnel Matters ITEM L: ADJOUR_NMENT MAYOR'S REPORT APRIL 17, 2002 REGULAR COUNCIL MEETING CHANGES TO THE AGENDA RE~)UESTED BY: NO CHANGES. CONSENT AGENDA NO CHANGES. MAYOR'S REPORT INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 17~ 2002 o 3/12/02-4/11/02, Kenai Fire Department Monthly Status Report , 3/02 Kenai Multipurpose Facility Activity Report o 3 / 02 Library RePort o 3/25/02 Eastside Carpet Company letter regarding furniture lids and tile concerns at Airport Terminal. o 3 / 02 Monthly Enplanement Report. o KCVB Leads Program Airport. "Services Available" information from Kenai Municipal o 4 / 18 / 02 Kenai River Special Management Area Advisory Board meeting agenda and minutes of 3 / 21 / 02 Board meeting. o 4/02 Resource Development Council for Alaska, Inc., Resource Review. . 4/02 Soldotna Chamber of Commerce, Chamber Connection. Z 0 :~z~ ~: Z U ..j 0 8 0 > ~ z~ Z U ~ 0 <~~o o z ~ ~ ZU ~ 0 8 <~~~ ~o ~~ Z ~ <~~o o CENTRAL PENINSULA COUNSELING SERVICES 506 LAKE STREET- KENAI, ALASKA 99611 - (907) 283-7501 - FAX (907) 283-9006 April 11, 2002 Linda Snow, Kenai City Manager John Williams, Kenai City Mayor Kenai City Council Members P.O. Box 92 Kenai, AK 99611 Dear Mayor Williams, City Manager Snow, and Council Members: Central Peninsula Counseling Services (CPCS) would like to give a 45-60 minute presentation to the City Council on April 17, 2002 regarding our proposed Residential Treatment Center for adolescents. The presentation will detail the benefits to the City of Kcnai. A Business Plan has been included for your review prior to the council meeting. As I have discussed with Linda Snow, John Williams, and Linda Swarner, CPCS is interested in building the. proposed residential treatment center on the property adjacent to the Juvenile Detention Center Property. The property site originally proposed by John Williams was a five-acre tract. Specifically we would like to know if the city would be interested in a long-term lease or an outright purchase. Additionally, if CPCS acquires the property either through a lease or purchase, would the City of Kenai be willing to extend the water and sewer lines (if needed), and waive the hook-up fees. Thanks for your consideration, , James Shill, MBA Executive Director PROVIDING COMPREHENSIVE MENTAL HEALTH SERVICES TO THE CENTRAL KENAI PENINSULA. A coml~ret~ensive mental center serving the cemtmel Kenei Peninsula Residential Treatment Center Business Plan CENTRAL NINSULA COUNSELING SEERVICEE£ Kenai, Alaska Business Goal Central Peninsula Counseling Services would own and operate a 36-bed Residential Psychiatric Treatment Center for emotionally and behaviorally disturbed adolescents. Central Peninsula Counselin_~ Services (CPCS) Central Peninsula Mental Health Association, Inc., doing business as Central Peninsula Counseling Services (CPCS), was_incorporated..in. 1975as.a 5_Q1(c) 3 corporation. CPCS operates in the Central Kenai Peninsula Area as the areas major behavioral health provider. In 1975, the agency began operating as a community mental health center, primarily drawing clients from the local community and focusing on problems of persons in cdsis, familial relationships, marital problems, and children referred by both school and family members. During the period of 1975-1985 the number of full-time staff was never more than ten. During the latter half of the 1980's and up to the present time, CPCS has grown into one of the largest behavioral health providers in the State with 100+ employees and approximately $6 million in revenue. $6- $4 $0 CPCS Annual Revenue ° ! I I ! ! I ! I ! ! ! ! Fiscal Year (July 1 thru June 30) ! Page (1) Today, Central Peninsula Counseling is one of the most, if not the most, progressive behavioral health provider in the State. During 2001, $300 thousand was spent to upgrade hardware and software to the latest and best clinical and financial technology. The ANASAZI clinical system, fully operational in mid-2002, will provide electronic access to medical records, timely and accurate billing, and sophisticated clinical assessment tools to increase clinician's positive clinical outcomes and productivity. The Great Plains Dynamics financial system, operational July, 2001, provides financial results to .managers the moment the accounting month closes via electronic reporting. Recently, CPCS was chosen as a training site for the University of Alaska Social Work Program. Students seeking their Masters Degrees in Social Work will physically relocate to the Central Kenai Peninsula Area to complete an internship with one of CPCS's three licensed psychologists. This appointment could provide a wealth of professional talent to the agency and area residents, if post- graduation, students may decide to permanently relocate to the area after getting a taste of "life on the Kenai." CPCS has five treatment programs: Community Outreach Program (COP) - The $2 million COP program operates out of a 10 thousand square foot building in Soldotna. The "clubhouse" setting uses 30 employees to provide services to 160 Severely Mentally III (SMI) clients. Children's School Based Program - The $2 million School Based Program is operated through a partnership with the Kenai Peninsula Borough School District. 40 staff in 16 schools provide therapy to 280 Severely Emotionally Disturbed (SED) children. Children's Summer Program - In many cases SED children have a difficult time making the transition from summer vacation back to the school year. The Children's Summer Program is specifically designed to decrease student suspensions by providing a consistent environment of therapy during the summertime. The program generates $750 thousand in revenue, as 40 staff provide services to 200 children. Clinic Services - The CPCS clinic provides a variety of outpatient services. The clinic staff consists of 11 clinic-based therapists, providing 600 sessions-per-year, generating $1 million in revenue. Services also include two on-call, 24 hour-per-day, seven day-per-week emergency clinicians, providing services to Central Peninsula General Hospital, local law enforcement agencies, and the Kenai Peninsula Borough School District. Forget Me Not Program - The Forget-Me-Not program provides day treatment for Alzheimer's Disorder and Related Dementia (ADRD) patients. Services include transportation to and from the program, activities/crafts, bathing, and meals. The Forget- Me-Not Program has four employees, 18 clients and generates $200 thousand in revenue. Page (2) The Central Peninsula Counseling Services Board of Directors are a group of community leaders devoted to the behavioral care of Central Kenai Peninsula residents. These board members include: · Richard Campbell, HR Director, Kenai Peninsula Borough (Board President) · Eileen Brail, Lab Supervisor, Tesoro (Board Vice President) · Bernard Brown, CFO, Alaska Spruce Products (Board Treasurer) · Barry Creighton, IONIA · Shirley Gifford, Police Chief, Soldotna Police Department · Rick Uatiya, Federal Programs Director, Kenai Peninsula Borough School Distdct · Ruth Osbome, Retired School Teacher, Kenai Peninsula Borough School District · Rick Roeske, Vocational Director, Frontier Community Services Back~round Residential treatment is a vital and necessary part of the behavioral health continuum of care. Similar to hospital care, residential treatment is required for individuals needing 24-hour care and treatment. However, residential treatment is sub-acute care (versus hospital acute-cam), where treatment is focused on getting the child back into families, school, and society. The majority of referrals to residential care are from acute-care psychiatric hospitals after discharge from inpatient treatment. There is a desperate need for additional residential treatment in the state of Alaska. Due to this high demand, over 270 Medicaid children (at a cost to the State of $14.5 million), and an estimated 100 private insurance children, are receiving treatment outside the State of Alaska. Children leaving Alaska hospitals are being referred daily to residential treatment. All of the Alaska residential treatment facilities operate at capacity with waiting lists. Below is a list of the current Alaska residential providers' Alaska Children's Services 63 Northstar Behavioral Health (current) 40 Northstar Behavioral Health (future) 70. Alaska Baptist Home Providence Discovery Center 10 Kenai Care Center 6 Family Centered ServiCes - Fairbanks 9 Bethel Youth Services 8 Total Beds 220 Page (3) The lack of residential treatment has been identified by the State of Alaska Department of Health and Social Services as one of their "Priority Projects and Strategies." ' The actual wording from the State plan reads: Assess the treatment needs of youth who must currently be cared for in out-of-state residential facilities and develop a plan for building the in-state service capacity needed to allow these youths with complex mental illness or co-occurring disorders to be cared for in Alaska Clinical Definition and Goals of Residential Treatment One of the hard lessons learned in the treatment of children with serious emotional disorders is the high rate of return to hospital acute care. Bridging the gap between hospital acute care and discharge to the community, residential treatment provides structured medically necessary longer term care for children with a mental illness. A common misconception of residential treatment is that its purpose is to treat adolescents whose primary referral is from the Juvenile Justice system. Recent changes in Insurance and Medicaid reimbursement highly discourage this practice. Residential treatment exists to treat adolescents with a Severe Emotional Disturbance, not a Conduct Disorder which needs to be dealt with through the Courts. The typical adolescent in residential treatment is defined by licensing guidelines as inclusive of age 12-17. The primary diagnostic category is the current State Medicaid category of "Severely Emotionally Disturbed" (SED). This category encompasses Chronic Major Depression, Bi-Polar Disorder, Severe Attention Deficit Hyperactivity Disorder and similar diagnoses. The residential treatment patient is NOT developmentally disabled or severely developmentally delayed. The adolescent in residential treatment must at least be functioning at a Iow average level or higher to benefit from the combination of pharmacological interventions and "Cognitive Behavioral Therapies" which necessitate the ability to form insight and benefit from behavioral correction and learning in a supportive, structured environment of care. The treatment model proposed for the CPCS residential treatment center combines the best of lessons learned from the Girls and Boys Town residential treatment model. We will provide special emphasis on intensive intervention for contributing factors such as learning disabilities, and disrupted education. This treatment model pays special attention to co-occurring disorders such as drug or alcohol abuse. No treatment model with this age category can succeed without involvement of the family in the recovery process. The CPCS model will provide state-of-the-art residential treatment within Alaska. Page (4) Residential Treatment Reimbursement/Source of Payment The primary source of payment for residential treatment is the Alaska State Medicaid Program. The program reimburses residential treatment facilities at a per-diem/per-day rate of $335. Private Insurance carriers also pay for residential treatment. Per-diem/per-day rates for private insurance carders range from $400 to $500. TRICARE, the insurance program for military dependents, also pays for residential treatment. In order to be eligible for reimbursement, the provider must be reviewed and certified by TRICARE. Additionally, the provider must have six months experience prior to certification. According to TRICARE officials, at any given time during the past year, out-of-state residential child placements numbered from 6 to 15 children. Risk Them are two major risks associated with residential treatment. The first major risk is doing business with the State of Alaska. With the State's budget crisis and the highly publicized increases in Medicaid expenditures, legislative reductions to Medicaid are likely. The two methods to cut Medicaid expenditures are' 1. Cut Rates Paid to Providers- This is the less likely of the two Medicaid reduction methods. After nearly ten years of discussion, Medicaid rate revisions were implemented during fiscal year 2001. Most rates were lowered; however, some rates were increased, residential treatment being one of the rate increases. 2. Reduce Access to Medicaid - The current conventional wisdom in Juneau is that if Medicaid reductions are enacted, reducing access is the most likely method. Currently, the Medicaid "Denali Kid Care" program allows access for children whose guardians have income of twice the poverty rate, i.e., in many cases families with an annual salary of over $40-50 thousand can use Medicaid coverage for their children's health care. The effect of reducing access to Medicaid can be mitigated, by closely monitoring the payer source of clients admitted into residential treatment. The second major risk that exists is access to qualified licensed nurses. Hiring qualified licensed nurses is very difficult due to the general nursing shortage in Alaska. Page (5) Suggested by: Administratic City of Kenai ORDINANCE NO. 1951-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $12,200 IN THE TERMINAL ENTERPRISE FUND FOR ROOF REPAIR. WHEREAS, the Terminal Repairs & Maintenance budget includes $45,000 for flood coating the terminal roof; and WHEREAS, the low bid for the project, including an additive alternative for installation of a base sheet, that would extend the life of the roof, came in at $57,126; and WHEREAS, funds are available for appropriation in the retained earnings of the Terminal Enterprise Fund NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Terminal Enterprise Fund Increase Estimated Revenues: Appropriation of Retained Earnings $ 12,200 Increase Appropriations' Repair and Maintenance $ 12,200 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 2002. -/ ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finan~ (03 / 29 / 2002) hl Introduced: Adopted: Effective: April 3, 2002 April 17, 2002 April 17, 2002 Suggested by: Administration City of Kenai ORDINANCE NO. 1952-2002 AN oRDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $15,600 IN THE COUNCIL ON AGING-TITLE III FUND. WHEREAS, revenue from meal donations is greater than anticipated; and WHEREAS, additional funds are needed to purchase food for the Senior Citizen program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Council on Aging- Title III Fund Increase Estimated Revenues: Meal Donations $15,600 Increase Appropriations: Congregate Meals- Operating Supplies Home Meals-Operating Supplies 12,480 3,120 $15.600 ! PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17t~ day of April, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (04/03 / 2002) hl Introduced: Adopted: Effective: April 17, 2002 April 17, 2002 April 17, 2002 Suggested by: Administration City of Kenai RESOLUTION NO. 2002-17 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE BID TO KENAI CHRYSLER CENTER FOR A 2002 POLICE PATROL CAR FOR THE TOTAL AMOUNT OF $21,606. WHEREAS, The following bids were received: BIDDER Kenai Chrysler Center Hutchings Chevrolet Inc. TOTAL $21,606 $23,940 WHEREAS, Kenai Chrysler Center's bid meets the bid specifications; and WHEREAS, the recommendation from the Administration is to award the bid to Kenai ChrySler. Center; and WHEREAS, the Council of the City of Kenai has determined that Kenai Chrysler Center's bid is a responsible bid and award to this bidder would be in the best interest of the City; and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a 2002 Police patrol car be awarded to Kenai Chrysler Center for the total amount of $21,606. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (4 / 02 / 2002) hl Suggested by: Administrati City of Kenai RESOLUTION NO. 2002-18 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAStC~, PURSUANT TO KMC 22.05.045, SETTING THE RATE OF INTEREST TO BE INCLUDED IN NOTES TAKEN ON SALE OF CITY LANDS. WHEREAS, KMC 22.05.045(b)(2) provides that where notes are taken by the City t° finance the purchase of City lands, said notes shall bear interest at a rate to be determined by Council by resolution; and WHEREAS, the current interest rate for land sales was set at 10% in 1981; WHEREAS, AS 45.45.010(b) sets in maximum interest rate for a loan under $25,000 at the discount rate for the 12th Federal Reserve District plus 5% unless the transaction falls under an exception such as credit unions, credit cards, retail installment loans, small loan companies, interstate banks or premium finance agreements; WHEREAS, the City does not fall under one of the exemptions; WHEREAS, pegging the interest rate to a set percentage above the discount rate would also provide flexibility to the rate the City charges, which Would reflect market conditions and make purchase of City land more attractive. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that until change of interest rates by further resolution, the interest rates to be applied in notes taken on the sale of City lands pursuant to KMC 22.05.045 shall be five {5) percentage points above the 12th Federal Reserve District's discount rate (the annual rate charged by the federal reserve for advances to member banks). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,-this 2002. day of April ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO' FROM U/~/ DATE' RE- Mayor Williams and City Council Members Cary Ri Graves, City Attorney April 9, 2002 Interest Rate on Land Sales KMC 22.05.045(b)(2) provides that notes on the sale of land by the City shall bear interest at a rate set by council resolution. The current interest rate was set in 1981 at 10% (Resolution 81-36). Obviously, interest rates have changed a great deal since then. The discount rate (the rate the Federal Reserve System charges its member bank for advances) now is 1-1/4%. According to a Federal Reserve System website, in April 1981 it was 16%. That was when Paul Volcker (Allan Greenspan's predecessor) ratcheted up interest rates to curtail inflation. At the time the Council set the 10% rate, it was 6% below the discount rate. In 1981, 10% was a very attractive interest rate. AS 45.45.010(b) sets the legal rate of interest for loans under $25,000 at 5% points above the discount rate charged by the 12th Federal Reserve System (San Francisco). There are several exceptions to that limitation: 1) bank credit cards; 2) retail installment loans; 3) premium finance agreements; 4) small loan companies; 6) credit unions; and 7) inter-state banks. We do not fall under one of the exceptions. I checked with the Alaska Division of Banking, Securities and Corporations and confirmed the interest rates' applicability to the .City. The Inlet Woods lots are almost all under $25,000. Therefore, the legal rate of interest is 5% plus 1- 1/4% or 6-1/4%. However, the rate set by the resolution is 10%. We can't legally charge that for land sales under $25,000 until the discount rate goes up. To resolve that problem, now and in the future, the rate Could be tied to the legal rate of interest as set out by AS 45.45.010. That way we would never be out of compliance with state usury laws. Attached is a resolution establishing a new interest rate for city land sales at five points above the discount rate charged by the 12th Federal Reserve System. Please let me know if you have any questions. Attachment Suggested by: Adminish CITY OF KENAI RESOLUTION NO. 2002-19 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO PENINSULA ROOFING, INC. FOR KENAI MUNICIPAL AIRPORT ROOF REPAIRS 2002 FOR THE TOTAL AMOUNT OF $57,126, WHICH INCLUDES THE BASIC BID AND ADDITIVE ALTERNATE. WHEREAS, the following bids were received on March 27, 2002: Bidder Peninsula Roofing, Inc. Hanson's Roofing Anchorage Roofing & Contr., Inc. Basic Bid $45,550 Additive Alternate Install Base Sheet $11,576 Total Bid $57,126 $68,475 $20,606 $89,081 $69,000 23,000 $92,000 WHEREAS, Peninsula Roofing Inc.'s bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Peninsula Roofing, Inc.; and, WHEREAS, the Council of the City of Kenai has determined that Peninsula Ro°fing, Inc.'s bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Kenai Municipal Airport Roof Repairs 2002 be awarded to Peninsula Roofing, Inc. for the total amount of $57,126, which includes the Basic Bid and Additive Alternate. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: Suggested by: Administratim. CITY OF KENAI RESOLUTION NO. 2002-20 A RESOLUTION OF THE COUNCIL OF THE' CITY OF KENAI, ALASKA, AWARDING THE BID TO ALASKA PIPE AND SUPPLY FOR KENAI ARFF/$RE FACILITY BREATHING AIR SYSTEM FOR THE TOTAL AMOUNT OF $30,403.28. WHEREAS, the following bids were received on April 10, 2002: BIDDER Alaska Pipe and Supply L.N. Curtis & Sons Comp Air TOTAL $30,403.28 $32,408.00 $38,341.00 WHEREAS, Alaska Pipe and Supply's bid meets the bid specifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Alaska Pipe and Supply; and, WHEREAS, the Council of the City of Kenai has determined that Alaska Pipe and Supply's bid is a responsible bid and award to this bidder would be in the best interest of the City; and, WHEREAS, this resolution is contingent upon FAA funding and approval; and, WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Kenai ARFF/SRE Facility Breathing Air System be awarded to Alaska Pipe and Supply for the total amount of $30,403.28. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April 2002. ATTEST: JOHN J. WILLIAM S, MAYO R Carol L. Freas, City Clerk/2 Approved by Finance: Suggested by: Administrat' CITY OF KENAI RESOLUTION NO. 2002-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO NC MACHINERY CO. FOR A CATERPILLAR 14H MOTOR GRADER FOR THE TOTAL AMOUNT OF $273,394. WHEREAS, KMC 7.15.050 (6) a/lows the City to purchase equipment under a contract of another governmental agency; and, Whereas, the State of Alaska awarded a competitive bid to NC Machinery for the same equipment we are purchasing; and, WHEREAS, NC Machinery Co.'s bid meets the bid specifications; and, WHEREAS, the Council of the City of Kenai has determined that NC Machinery Co.'s price under the State of Alaska contract is reasonable and award to this bidder would be in the best interest of the City; and, WHEREAS, sufficient monies are available in the Equipment Replacement Fund. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract for a Caterpillar 14H Motor Grader be awarded to NC Machinery Co. for the total amount of $273,394. The purchase is to be made from the Equipment Replacement Fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April 2002. ATTEST: JOHN J. WILLIAM S, MAYO R Carol L. Freas, City Clerk Approved by Finance· ,~~ N C MACHINERY CO. Ci.ty of Kcnai 210 Fidalgo Suite 20() Kenai. AK. 99611 4/10/(,2 Allen(ion: Mike Wiclmmn Reference: State of Alaska Molor Grader Bid The following; pricing information is a "tag on" to the Slate of Alaska purchase order issued to N C Machinery. Co. for various Ca(erpillar Motor Gullets. The information contained here is coveri]~g only a m/n 14H. ' Specification # 359: Caterpillar m/n 14It w/Tier Two Engine FOB Seattle. WA. $ 202,465 Optioml itcms: Items not included: #830 R~_ar mounted ri~ scarifier Radio ready cab (24/12 converter ) Panasonic AM/FM radio Lower opemng front windows 14H service, Frans and operators manual Tmimng session. 16 hours Single Whelan amber strobe Weldco-Beales Snow Gate. right hand mom~ted with separate hydraulic comrols #856 Henke AHW 14 FRfRR right h',md snow' wing removed for shipping · #866 Henke FVI 2-6 Multi-Directional Snow Plow w/BLG-X.H Parallel Lift Group removed for shipping 185-3428 Hydraulic valve package 1.2.3 Engine oil pan heater 1.2.4 Transmission pan heater 1.2.5 Receptacle box 1.5.1 Winter front 4.2.10Ixional system 4.10.5 Strobe lights 5.1.3 Air conditioner 10.4 S 'tate class ft 832 Sloper (separatc~- priced option) 10.5.4 Quick couplers I l. l Automatic Lubrication System Tolal deduct of items not included Estimated freight Seattle. WA to Kenai AK. (billed ,~) acttml) Tokai Cost FOB Kenak Alaska David Barber $ 9.013 $ 319 $ 385 $ 570 $ 610 $ 5oO $ 750 $ 7018 $ 18,990 $ 27..~17 $ 7..~96 <$ 6.519> $ 9,O)O $ 273,394 Corlx~a~e Headqua~tem: P.O. Box ~ Sea~tle, Wml~ng~on 98124 ~~: ~, Mt. V~, E~ ~ A~ C~, Yakime, W~~, a~ ~, W~~; An~~, F~b~ks. ~, ~m, K~k, and D~ ~. Aln~a .. 'd 08SL98LL06 A divi~,ion ot 64,50 A~CllC Boulevtyd P.O. Box 10O140 Am(IXN'ege, A[ 0'f6t0..0148 gA)'..' ~ 561-19~4 (I31t gOOg-Ol4td Date of Notice: 3/11/02 State of Alaska Alcoholic Beverage Control Boar, Application Type: NEW X' X X Goveming Body' City of Kenai Community Councils: None License #: License Type: D.B.A.*: Licensee/Applicant: 3146 Restaurant/Eating Place The Hole-N-One Gary E. Schnelting **D.O.B. Susan L. Schnelting 6/4/58 1/30/73 Physical Location: Mail Address' Telephone #: 1420 Lawton Avenue 1111 Fox Ave Kenai AK 99611 (907) 283-7500 Work (907) 283-1430 Home TRANSFER Ownership Location Name Change If transfer application, current license information: License #: Current D.B.A.: Current Licensee: Current Location: 3146 Kenai Golf Course Caf~ Kenai Golf Course Caf~ Inc. 1420 Lawton Avenue Additional comments: RESTAURANT DESIGNATION APPLICATION WILL BE SENT VIA MAIL ORIGINAL PERMIT APPLICATION MUST BE RETURNED. ** Date of Birth .//, * Doing Business As App Notice (9-2001) Cc' Kenai Peninsula Borough ENAI PENINSULA BOROUGH 144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599 BUSINESS (907) 262-8608 FAX (907) 262-8615 EMAIL: assemblyclerk@borough.kenai.ak.us April 9. 2002 Ms. Donna Johnson Records & Licensing Supervisor Alcoholic Beverage Control Board 550 W. 7th Avenue Anchorage, AK 99501-6698 LINDA MURPHY, MMC BOROUGH CLERK Re' Liquor License Transfer Dear Ms. Johnson' Please be advised that the Kenai Peninsula Borough has no objection to the transfer of the fbllowing liquor license, located within the City of Kenai, Alaska: From' Kenai Golf Course CafS, Inc. D.B.A.: Kenai Golf Course Cafe 1420 Lawton Ave. To' Gary E. & Susan L. Schnelting, D.B.A.' The Hole-N-One 1420 Lawton Ave. The Kenai Peninsula Borough Finance Department has reviewed this file and has raised no objection based on unpaid or delinquent taxes. If you should have any questions, please feel free to contact me. · Sin. c.erely, ,, Linda S. Murphy. MMC Borough Clerk LSM/se CC' Applicant City of Kenai KPB Finance Department File S:\WPWlN\DATAL&BCBL.~bc-lettersxTransfer\transfer in ciw wpd STATE OF ALASBL% ALCOItOLIC BEVERAGE CONTROL BOARD APPLICATION FOR RESTAi'..RANT D ~- ESIG~IONPEI~MIT-ASO4.16.049&lSAAC104.715_794 The granting of this permit allows access of persons under 21 >'ears of age to designated licensed premises for purposes of dining, and and persons under the age of 19 tbr emplovmen£. If tbr employment, please state in detail, hoTM the person will be employed, duties, etc. (15 AAC 104.745). ' ' - This application is tbr designation of premises where' (please mark appropriate items). 1 ,,~ Under AS 04.16.010(¢) Bona fide restaurant/eating place. 2 /"-----Pe~ons between 16 & 21 may dine unaccompanied. 3 "=--7'Persons under 16 may din, e accompanied by a person 21 years or older. 4 ~ Persons between 16 and 19 years may be employed. (Se; no£e below). LICENSEE: Dm/Az _ The Hole-N-One ADDRESS: · -- 1 4 2 tiLden a,,,-, v..._ _ _, 1. -ours of Operation- t~ t~ ,r~ t" " - 2. H"v ....... , ' .... '~ ' " ~ tS). g'~ · Telephone # 2 8 3 - 7 5 0 0 a ~ ponce ever ~een canea to your premises by you or alLvona else~.~= an>, re.a.c~m if yes, date(s) and explanation(s). 3. Duties of employment: . Are video games available to the public on your premises? NO Do you provide entertainment: [ ] Yes ~ No If yes, describe. How is food served? ~ Table Service -.---_ Buffet Serv/ce __ Counter Service Other* .. Is the owner., manager, or assistant manager always present during business hours? ~ ] Yes [ ] No This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104.795):, I certify..~hat I hax;~.r~A~"b4.16.049. AS 04.16.060, 15 AAC 104.715-795 and comalned .t .l~-~i~a?.-ii. ~' '.:i.,-' ,.,-,... ':.' .., :." .~,, -,.-.-~. r,- '-.,.i~,,/;:',; ~'"'"J'" ":-~ ' ~.~.; 2': L2' - ' /..,;¥7%:, ~ ·. Application appro~,ed (15 AAC 104.725(e) Governing Body Official Date: Subscribed and sworn to before meJ, ljis ~ _ //~W~, _ctay of _~:ll/g~~_.~,/~~/ Nom~ Public in and tbr ~ka My Commission expires ~~~~ Director, A~C Board Date: ,OTE: ,,%S 04. I6.049(c~ requires that written parental consent and an exemption by the Department of Labor must be provided to the licensee by the employee :vho is under 19 :.'ears of age. Persons 19 and 20 :.'ears of uae are not required to have the consent or exemption. - Describe how tbod is served on back of ~brm. h P,~xcei~forms~4117/97/REST-APP.XLS/vjh ' COUNCIL ON AGING APRIL 4, 2002 KENAI SENIOR CENTER 10:00 A.M. ITEM 1' ITEM 2' ITEM 3' ITEM 4' ITEM 5' ITEM 6' ITEM 7: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES-- March 7, 2002 OLD BUSINESS Approval -- Adoption of By-Laws as Amended. Discussion -- Assisted Livin§ Update Discussion -- Comprehensive Plan Update NEW BUSINESS Discussion -- Sister Senior Center/Thorpe, Sparkill, NY Discussion-- Kenai Senior Center Survey Discussion -- Mystery Dinner Theatre Discussion -- Appreciation Dinner/April 19, 2002 OUESTIONS/h COMMENTS ADJOURNMENT * Next meetintI = May 2, 2002, 10:00 A.M. COUNCIL ON AGING APRIL 4, 2002 KENAI SENIOR CENTER 10:00 A.M. CHAIRMAN DICK JURGENSEN, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL The meeting was called to order at 10:00 a.m. and roll was confirmed as follows- Members Present: Members Absent: Others Present: Jurgensen, Hollier, Nelson, Osborn, Jones, Wilson Fields, Enfield, Huddleston Councilwoman Swarner, City Clerk Freas, Acting Director Isaak, Roger Meeks ITEM 2: AGENDA APPROVAL MOTION: Member Nelson MOVED to approve the agenda as presented. There were no objections. SO ORDERED. ITEM 3: APPROVAL OF MINUTES-- March 7, 2002 MOTION: Member Jones MOVED to approve the minutes as presented and Member Nelson S~2ONDED the motion. There were no objections. SO ORDERED. ITEM 4: OLD BUSINESS Approval-- Adoption of By-Laws as Amended. MOTION: Member Nelson MOVED to approve the amendments to the Bylaws and Member Osborn SF.~ONDED the motion. There were no objections. SO ORDERED. 4-b. Discussion -- Assisted Living Update Councilwoman Swarner reported an assisted living facility was discussed and enthusiastically included as a need and want of the community at the Comprehensive Plan strategic planning workshop held on Saturday, March 23. Swamer also noted she was continuing her work on writing a grant to acquire funding for development of a facility through her college class. She explained, questions of who would apply and administer the grant would have to be decided at some point, i.e. the city or a non-profit group. She encouraged the seniors to be active in discussions with council when those decisions come forward. Discussion -- Comprehensive Plan Update Discussed at 4-b. Swarner noted the findings from the recent strategic planning workshop would be reviewed by the Planning & Zoning Commission in the next few weeks. ITEM 5~. NEW BUSINESS Discussion -- Sister Senior Center/Thorpe, Sparkill, NY Acting Director Isaak explained she felt the New York senior center had expectations of the Kenm Senior Center that would involve a more active participation in writing letters, emails, sending birthday cards, quilting, etc. Because Sylvia Johnson has been involved in contacting the senior center, it was decided the discussion should be included on the next agenda for additional discussion. Members present felt they should consider ending the affiliation so not to add more pressure on Kenai staff and seniors. 5-b. Discussion -- Kenai Senior Center Survey Because Elsie Seaman was not present, the group asked to have this issue included on the next meeting's agenda. Isaak also noted nine surveys, included in the last Centerline Newsletter, had been returned out of the 400 mailed. a-c. Discussion -- Mystery Dinner Theatre Isaak reported the Senior Connection had scheduled the event for May 17 at 7:00 p.m. in the Senior Center. Only 120 tickets are available for sale and the price was set at $20. A spaghetti dinner will be served and a list of volunteer needs will be posted. She also noted, Kellie Kelso was helping with the event and decorations had already been donated. The tickets will go on sale on April 15. Member Jones stated his concem the price of the ticket was raised to $20. Isaak explained, the event is a fundraiser for the Senior Connection and the thought was to limit the tickets available and raise the price of the ticket. a-do Discussion -- Appreciation Dinner/April 19, 2002 Isaak explained the Sterling Senior Center had invited the area wide boards of directors of Senior Centers to a dinner on April 19 to say thank you for their efforts. A short discussion followed wherein it was noted, the Council on Aging was this Center's board of directors. Isaak requested those interested to RSVP to her. ITEM 6- (}UESTIONS/h COMMENTS COUNCIL ON AGING MEETING April 4, 2002 PAGE 2 Swamer invited the membership to the City of Kena/'s Volunteer Reception, scheduled for April 26, from 6:00 to 8:00 p.m. at the Senior Center. Invitations will be mailed to them as well. ITEM 7: ADJOURNMENT MOTION: Member Jones MOVED to adjourn and Member Nelson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 10:40 a.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING April 4, 2002 PAGE 3 KENAI HARBOR COMMISSION MEETING APRIL 8, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. AGENDA ITEM 1' CALL TO ORDER & ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES-- March 11, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5- OLD BUSINESS ITEM 6- NEW BUSINESS a, Discussion -- Request to Lower Lease Rate/R&J Seafoods Discussion -- Council Meeting Action Agendas ITEM 7: REPORTS Director Dock Foreman City Council Liaison ITEM 8' COMMISSIONER COMMENTS/QUESTIONS ITEM 9: INFORMATION a. Kenai City Council Action Agendas of March 6 and 20, 2002. ITEM 10' ADJOURNMENT KENAI HARBOR COMMISSION' MEETING APRIL 8, 2002 KENAI COUNCIL CHAMBERS 7:00 P.M. CHAIRMAN TOM THOMPSON, PRESIDING MINUTES ITEM 1- CALL TO ORDER & ROLL CALL Chairman Thompson called the meeting to order at 7'00 p.m. Kathleen Graves announced she was married on March 13, 2002 and her name is now Kathleen Simon. Members Present: Members Absent- Others Present: Secretary Roper Eldridge, Rogers, Simon, Spracher, Thompson, Barrett Foster Councilman Bookey, Public Works Director Komelis, Contract ITEM 2' AGENDA APPROVAL MOTION: Commissioner Eldridge requested that the handouts provided by Komelis prior to the meeting be added under Old Business, Item 5.a. Eldridge MOVED to approve the amended agenda and Commissioner Spracher SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES- March 11, 2002 MOTION: Commissioner Eldridge MOVED to approve the minutes of January 7, 2002 and Commissioner Rogers SECONDED the motion. There were no objections. SO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD - None ITEM 5- OLD BUSINESS Update Discussion -- Kenai Coastal Trail and Bluff Erosion Project/Status Councilman Bookey announced the City just learned the initial funding of $500,000 for the Kenai Coastal Trail and Bluff Erosion project was included in the Energy and Water Development Appropriations Bill for the Corps of Engineers to conduct a study of Kenai River bank stabilization needs. Bookey added, although the City is disappointed the funds were not direct to the City, future funding may be easier to obtain if the Corps determines the need for bank stabilization exists. The Corps has a problem with the current design but will work on modifications to make it more permit worthy. Kornelis reported the Corps representative from Anchorage would visit Kenai on April 9th to discuss the project and look at the area. Simon recommended the City have the Corps and Kenai River Center be involved in staff meetings regarding the Kenai Coastal Trail. Simon added, she met with the local Corps person and that would be a'good place for the City to start. Komelis reiterated the Corps representative from Anchorage would be onsite on April 9th and. it is possible the local person would be involved. Bookey expressed concern that Petratrovich, Nottingham & Drage (PND) would not be the low bidder and the City would have to start over. Eldridge recommended all the information compiled by PND be made available to the Corps. Kornelis assured the Commission the City would be involved completely with the project and the information obtained to date will be utilized. Komelis also added the money spent to date is money well spent as the City can now logically explain their desires to the Corps. A lengthy discussion ensued and it was determined the only option at this point was to wait and see what the Corps develops. Bookey noted the Mayor submitted another $500,000 request for federal funds for the project. ITEM t5' NEW BUSINESS Discussion- Request to Lower Lease Rate/R/kJ Seafoods. Komelis reported R&J Seafoods submitted a request for a 25% rate reduction on their leases due to the poor fishing seasons. Komelis explained the current leases and the dollar amount of each. Komelis added, the leases expire in September and October of 2002 and after discussions with the City Manager and Finance Director, it was the City's desire to keep the rate the same. Eldridge thought consideration should be given to the 25% rate reduction due to the poor fishing industry. Simon agreed a reduction was necessary but thought a counter offer of 15% should be made. Councilman Bookey stated there were a couple of issues to consider when discussing this request; first, the City's budget is in serious trouble and the dOck in particular, as revenues were down by $70,000 last year; second, the City has to be careful with allowing the rate reductions, especially for an operator who resides outside the City of Kenai. HARBOR COMMISSION MEETING APRIL 8, 2002 PAGE 2 Spracher thought a five percent (5%) rate reduction could be made in an effort to show some compassion to the situation. MOTION Commissioner Simon MOVED the City reduce the R&J Seafoods lease rate by vie percent in recognition of the poor conditions of the fishing industry and Commissioner Spracher SECONDED the motion. Simon stated she interviewed users on the dock and the chief gripe is that the City charges too much. Bookey explained the dock doesn't generate enough revenue to keep operating and at this time, the General ~"'und is subsidizing dock operations. Discussion continued on the cost of operating the dock. AMENDMENT TO MOTION: Commissioner Simon MOVED to amend the main motion that the City reduce R&J Seafoods lease rate by ten percent (10%) in recognition of the poor conditions of the fishing industry and Commissioner Spracher SECONDED the motion. Discussion took place on the difference with both a five and ten percent reduction to the leases. WITHDRAWAL OF MOTIONS: After discussing further the reduction, simon withdrew both motions with the second's concurrence. Discussion -- Council Meeting Action Agendas Councilman Bookey stated there were some Commissions who do not want the Council action agendas included in the meeting packets and asked if Harbor would like to see them continue. The general consensus was the Harbor Commission would like to see the agendas included. ITEM 7: REPORTS 7-a. Director-- Kornelis reported the road to the dock was plowed but the gate was locked and anyone requiring access could get the key from City Hall. Simon asked if one is allowed to walk out to the dock and Komelis replied, it was allowable. 7-bo Dock Foreman -- No report. 7-c. City Council Liaison -- Councilman Bookey reported that budgets work sessions were scheduled for April 9, 10 and 16th and will be held in Council Chambers. Bookey added, the City Council meeting agendas are posted on the City's website as well as department quarterly income and expense reports. HARBOR COMMISSION MEETING APRIL 8, 2002 PAGE 3 ITEM 9' COMMISSIONER COMMENTS / QUESTIONS Commissioner Spracher suggested the City look at how Long Beach, California handles dock revenue. Commissioner Barrett stated he was pleased to be serving on the Harbor Commission. ITEM 10: INFORMATION 10=a. Kenai City Council Action Agendas of March 6 and 20, 2002. ITEM 11' ADJOURNMENT MOTION: Commissioner Spracher MOVED to adjourn. ORDERED. There were no objections. SO The meeting adjourned at 8:20 p.m. Minutes recorded and transcribed by: Barbara Roper, Contract Secretary HARBOR COMMISSION MEETING APRIL 8, 2002 PAGE 4 KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM APRIL 2, 2002 6:00 P.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES -- March 5, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' REPORTS Director Friends of the Library City Council Liaison ITEM 6: OLD BUSINESS ITEM 7: NEW BUSINESS Discussion -- Review of Grant Possibilities Discussion -- Council Meeting Action A§endas ITEM 8- COMMISSIONER COMMENTS/QUESTIONS ITEM 9: IRFORMATION a. Kenai City Council Action Agendas of March 6 and 20, 2002. ITEM 10: ADJOURNMENT KENAI LIBRARY COMMISSION KENAI COMMUNITY LIBRARY ACTIVITY ROOM APRIL 2, 2002 6:00 P.M. CHAIRMAN BOB PETERS, PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Chairman Peters called the meeting to order at 6:00 p.m. confirmed as follows: The roll was taken and Commission Present: Commission Absent' Others Present: DeForest, Peters, Brenckle, Heus, Rodes Amen, Brown Councilman Moore, Library Director Jankowska, Department Assistant Harris ITEM 2' AGENDA APPROVAL MOTION: Commissioner Heus MOVED to approve the agenda as presented and Commissioner Brenclde SECONDED the motion. There were no objections. SO ORDERED. ITEM 3' APPROVAL OF MINUTES -- March 5, 2002 MOTION: Commissioner Brenckle MOVED to approve the minutes as presented and Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 4' PERSONS SCHEDULED TO BE HR_AI~D -- None ITEM 5: REPORTS 5-a. Director-- Director Jankowska reported on the following: · The next Film Club meeting is scheduled for April 19, 2002. · She attended two conferences last month. While at the second, she obtained grant-writing/fundraising information from the Haines Library Director. Jankowska provided the Commission with several pamphlets from the Haines library. · She suggested a professional grant writer be consulted to prepare and/or advise on grants. A professional grant writer could also help to identify grant sources and in-kind donations. · Letters of recommendation (from educational establishments, local businesses, social services, homemakers, etc.} should accompany submitted grants. Jankowksa stated she learned these letters should be well rounded to prove local support on many levels. 5-b. Friends of the Library-- Heus reported the following: The Spring Book Sale is scheduled to take place on June 14 and 15, 2002. The Friends of the Library pre-sale will be June 13, 2002. · An increase from $5.00 to $10.00 in membership fees has been instituted; there have been no complaints. Writers' Night was a success with 16 readings. 5-c. City Council Liaison -- Councilman Moore commented on the following: Thanked all who attended the Comprehensive Plan strategic planning session last week. · Informed the Commission of a complaint on the informational pamphlet Jankowska provided the Council with at their last meeting. Moore stated he was told the pamphlet listed information for both Kenai and Soldoma, and it was felt the pamphlet should list only services offered in Kenai. Jankowska explained the purpose of the pamphlet was to assist tourists and newcomers who do not know of services available. Additionally, the only services listed in Soldotna were those not offered in Kenai. · City Attorney Graves has drafted an ordinance stating the City of Kenai will fund the Library Expansion Project if additional funds are obtained. ITEM 6: OLD BUSINESS-- None ITEM 7: NEW BUSINESS 7-a. Discussion -- Review of Grant Possibilities The Commission spoke at length regarding grant funding. The Commission discussed aspects of the Paul G. Allen Foundation, Foundation Center, CIRI, The Rasmuson Foundation and others. In addition, the following items were discussed: · Deadlines for grant applications need to be established for each .grant. · A ~boilerplate' letter could be done to provide basic information every grant will request, such as the mission statement and goals, tax classification, and financial statements. · Friends of the Library can look into fundraisers and advertising the need for funds. · The Commission discussed administrative aspects of grant writing and responsibilities of the receiver. It was determined (though will be looked into further) the Commission can prepare and request grant funds, but cannot accept the funds. Any donated funds or grants would be kept by The Friends of the Library and the City of Kenai would be the backstop. The Commission stated interest in seeking professional help and assistance by Merrill Sikorski (or another grant writing professional) once basic information has been gathered. LIBRARY COMMISSION MEETING APRIL 2, 2002 PAGE 2 7-b. Discussion -- Council Meeting Action Agendas The Commission reviewed the memo from the City Clerk regarding whether or not to continue including council action agendas in meeting packets. The Commission was unanimous in expressing their desire to keep them included and to be kept informed. MOTION: Commissioner Brenclde MOVED to approve the continuation of council meeting action agendas to be included in meeting packets. Commissioner Heus SECONDED the motion. There were no objections. SO ORDERED. ITEM 8' COMMISSIONER COMMENTS/QUESTIONS Commissioner Heus addressed the Commission regarding identity theft. Heus stated one way of stealing the identity of someone is via their Social Security Number. Because of this, Heus stated she feels the Library should keep such information off forms. Jankowska stated the library does not require a SSN, but does require one form of identification (such as a driver's license). ITEM 9' INFORMATION Kenai City Council Action Agendas of March 5 and 20, 2002. ITEM 10- ADJOURNMENT MOTION: Commission DeForest MOVED for adjournment and Commissioner Brenckle SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at 8'08 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant LIBRARY COMMISSION MEETING APRIL 2, 2002 PAGE 3 Kenai Community Library APRIL 2O02 Daylight Saving Time Begins 1 p.m. Kenai Historical Society 14 21 28 6:30 p.m. Creating a Family Storytelling Tradition 8 6:30 p.m. Intemet Class 15 Taxes Due! 5:45 p.m. Friends of the Library 22 6 p.m. Turn Off T.V. 6:00 p.m. Library Commission 2 9 16 23 3 4 11: a.m. 10:30 a.m. PRE-. TODDLER STORY SCHOOL STORY TIME TIME 6:30 p.m. 7 p.m. City WRITERS' GROUP Council Meeting 10 11 :a.m. TODDLER S TORY TIME 17 11 :a.m. TODDLER STORY TIME 7 p.m. City Council Meeting 11 10:30 a.m. PRE- SCHOOL STORY TIME Week Kick-Off 6:30 p.m. Creating a Family Storytelling Tradition 163 Main Street Loop 7 p.m. BOOK CLUB Kenai, Alaska 99611 www. kenailibrary, org 18 10:30 a.m. PRE- STORY TIME 6:30 p.m. Dana Stabenow 24 25 10:30 a.m. PRE- SCHOOL STORY TIME 11 :a.m. 4 p.m. TODDLER STORY Volunteer Tea TIME 6:30 p.m. TOTEM TRACERS Phone: 907-283-4378 Fax: 907-283-2266 Emaih library@ci.kenai.ak, us 12 19 6:30 p.m. Film Club 26 Day 6 13 11-3 p.m. Young Writers Conference 2O 1-3 .p.m. Totem Tracers Resource Saturday 27 Library Hours Max~y-Thursday 10 a.m. - 8 p.m. 10 a.m. - 5 p.m. 2002 Special drawing foz pre-pubHcadou cot~ " O£Jean M. Aud boole, She/ter of Stone Important dates · Creating A Family Storytelling Tradition April 1 & 29 · Kenai Historical Society Meeting April 7 · Internet Class April 8 · Young Writers Conference April 13 ° Dana Stabe'now Visit April 18 · Film Club April 19 · . i· Volunteer lea April 25 Creating a Family Sto- rytelling Tradition will be held on April 1 & 29 at 6:30 pm. Carol Ford, the well known Kenai storyteller and Mike Mor- gan, musician extraordi- naire, will lead partici- pants through the proc- ess of developing their own family tradition of storytelling. Kenai Community Libra Meet Alaskan author Dana Stabenow! Alaskan mystery writer Dana Staben0w will present "Low Tide and Libraries" her experi- ences with reading-at the Kenai Community Library on Thursday, 3 p.m. The Young Writ- April 18, 2002 beginning ers' Conference is open at 6:30 p.m. National Turn Off T.V. Week is April 22-28, 2002. The Kenai Com- munity Library will be hosting a Turn Off T.V. Kick-Off event on April 22, from 6-7:30 p.m. Bring your favorite pot- luck dish to sham. Bev- emges and desserts will be provided. Join us for activities the whole fam- ily will enjoy: bingo, sto- ries and prizes! to ali 3rd thru 8th grade students who enjoy creative writing. Brett Diilingham, author and storyteller, from Juneau will be facilitating this event. Registration forms are available at the Kenai Community Library and must be received by April 5, 2002. For more information call 283- 4378 and ask for Corey. Three cheers for our The Fourth Annual library volun- Young Writers' tears! Conference will be held On Thursday April 25, on Saturday, April 13, 2002 from 4'00-6:00 the 2002, from 11:00 a.m. to Library staff will be honor- ing our dedicated volun- teers with an afternoon tea. The Film Club will meet on April 19, 2002 at 6:30 p.m. The group will choose to watch Seven Beauties, a film by Lina Wertmuiler star- ring Gian Carl Giannini as a crook with seven sisters to support during World War II. or Volume 1 of The Deca- logue, a drama originally made for Polish TV. Inspired by the Ten Commandments of the Bible. Kieslowki ex- plores ordinary people flailing through inner torments, hard decisions and Shattering revelations. The seeing is modern day Warsaw. April is National Poetry Month Poetry 180: a poem a day for American high schools, hep:// www.loc..qov/poetry/180 or the official National Poetry Month 2002 website, http://www, poets. org/npm/are two websites that poets of all ages may enjoy. The Kenai Book Club The Totem Tracers Ge- will meet on April 30, 2002. The group will discuss Educating Esme: Diary of a teacher's first year- written by Esme Raji Codell. The Book Club is always looking for new members. nealogy Society will meet on April 25, 2002. The Research Saturday will be on April 20, 2002 from 1'-3 pm. The Writers' Group will' meet on April 4 at 6:30 p. m. in the Library Confer- ence room. The sched- uled April 18 meeting is canceled, so members of the group can attend the Dana Stabenow event. A Beginning Internet Class will be held on April 8, 2002 from 6:30 to 8:00 p.m. The class will cover basic Internet skills and searching tech- niques. For more information or to register over the tele- phone call 283-4378. KENAI PARKS/k RECREATION COMMISSION APRIL 4, 2002 CITY HALL COUNCIL CHAMBERS 7:00 P.M. ITEM 1' ITEM 2' ITEM 3' ITEM 4: ITEM 5' ao ITEM 6: ITEM 7: ao ITEM 8: ITEM 9' ITEM 10' a. ITEM 11' AGENDA CALL TO ORDER/k ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES- March 7, 2002 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion -- Section 36 Development (Baseball, Softball, BMX, Skateboard, Soccer, etc.) NEW BUSINESS Discussion -- Skateboard Park Review Discussion -- Summer Recreation Program/Boys & Girls Club REPORTS Commission Chair Director City Council Liaison COMMISSION QUESTIONS/h COMMENTS PERSONS PRESENT NOT SCHED~ED TO BE HEARD INFORMATION Council Action Agendas of March 6 and 20, 2002. 2 / 02 Multipurpose Facility Activity Report ADJOURNMENT KENAI PARKS/ia RECREATION COMMISSION APRIL 4, 2002 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 7:15 p.m. Members Present: Wisniewski, Baxter, Steiner Members Absent: Sandahl, Gifford, Castimore, Hultber§ Others Present: Councilwoman Porter, D/rector Frates, Contract Secretary Roper A quorum was not established and the meeting was closed. ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MINUT~- March 7, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5' OLD BUSINESS a. Discussion -- Section 36 Development (Baseball, Softball, B MX, Skateboard, Soccer, etc.) ITEM 6. NEW BUSINESS ao Discussion -- Skateboard Park Review Discussion -- Summer Recreation Pro,ram/Boys & Girls Club ITEM 7: REPORTS a. Commission Chair b. Director c. City Council Liaison ITEM 8' COMMISSION OUESTIONS/h COMMENTS ITEM 9' PERSONS PRESENT NOT sCHEDULED TO BE HEARD, ITEM 10: INFORMATION a. Council Action Agendas of March 6 and 20, 2002. 2/02 Multipurpose Facility Activity Report ITEM 11' ADJOURNMENT Respectfully submitted, Barbara Roper, Contract Secretary CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283-7926 FAX 907-283-4675 KENAI All i ~ MEMORANDUM TO: FROM: DATE: Linda Snow, City Manager Frates, Parks & Recreation Director~ Robert J. 4/11/02 Section 36 Future Development Plans The Parks & Recreation CommiSsion has been working toward a site development plan for a sports complex that encompasses ball fields, soccer fields, a permanent skateboard park and a BMX course. Attached is a draft of that site plan. The Commission felt it appropriate to initiate some plans now to serve as a planning tool for the furore. Due to budget restrictions, this may not be an immediate development goal. However, there are some interested individuals that may have the means necessary to develop the BMX course through volunteer labor. The local user group interested in developing a BMX course is looking for property strictly for non-motorized bikes. There are many more details that need to be worked out, however, I feel it is important that I give you a "heads up" since these individuals may wish to appear before council seeking the use of this property. I would be happy to discuss this further with you in more detail as time permits. Thanks. : CITY OF KENAI CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY CLERK'S MEETING ROOM April 10, 2002 - 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 pan of the General Orders. 0 *APPROVAL OF MINUTES: a. *March 27, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ02-16--A resolution of the Planning and Zoning Commission of the City of Kenai to determine if Conditional Use Permit PZ01-38 for Adrenalin Paintball Games for the property known as Tract A, Bridge Road Subdivision No. 2, 514 Van Antwerp Road, Kenai, Alaska, should be revoked due to failure to meet requirements of KMC 14.20.150 (g). Permit is held by Ronald H. Chenault, Adrenalin Paintball Games, 204 N. Gill Street, Kenai, Alaska. 6. OLD BUSINESS: a. PZ02-17 (PZ01-52)- Conditional Use Permit- Surface Extraction of Natural Resources for the property known as 3713 Beaver Loop Road (that portion of the SE ¼ lying northwesterly of Beaver Loop Road excluding Tracts 1 and B of Michael J. Pelch Homestead). Application submitted by Michael J. Pelch, Sr., 2990 Sorrel Way, Eugene, Oregon 97401. 7. NEW BUSINESS: 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. "Zoning Bulletin"- March 25, 2002 b. Planning & Zoning Roster c. Comprehensive Plan- Tentative Schedule 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING/h ZONING COMMISSION CITY CLERK'S MEETING ROOM APRIL 10, 2002 - 7:00 P.M. CHAIRMAN RON GOECKE, PRESIDING MINUTES ITEM 1- CALL TO ORDER Chairman Goecke called the meeting to order at 7'00 p.m. 1-a. Roll Call Members Present: Glick, Bryson, Goecke, Nord, Erwin, Osborne, Tunseth Members Absent: Erwin Others Present: City Planner Kebschull, Plannin§ Assistant Carver, Contract Secretary Roper X-bo Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda adding the handout provided prior to the meeting and requested UN~NIMOUS CONSENT. Commissioner Bryson S~2ONDED the motion. There were no objections. 80 ORDERED. 1 Consent Agenda MOTION: Commissioner Nord MOVED to approve the consent agenda and requested UN~IMOUS CONSENT. Commissioner Tunseth SECONDED the motion. There were no objections. SO ORDERED. ITEM 2- APPROVAL OF MINUTES -- March 27, 2002 Approved by consent agenda. ITEM 3: S. CHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS-- None ITEM 5' PUBLIC HEARINGS a-Re PZ02-16 -- A resolution of the Planning and Zoning Commission of the City of Kenai to determine if Conditional Use Permit PZ01-38 for Adrenalin Paintball Games for the property known as Tract A, Bridge Road Subdivision No. 2, 514 Van Antwerp Road, Kenai, Alaska, should be revoked due to failure to meet requirements of KMC 14.20.150 (g). Permit is held by Ronald H. Chenault, Adrenalin Paintball Games, 204 N. Gill Street, Kenai, Alaska. MOTION: ., Commissioner Osborne MOVED to approve PZ02-16 and Commissioner Glick SECONDED the motion. Kebschull explained the revocation of the Conditional Use Permit was due to failure to meet code requirements. Kebschull added, the property owners were in prior to the start of the meeting and informed her Chenault did not have any rights to the property. Commissioner Bryson stated he was in favor of the revocation as he felt everyone should pay their taxes and comply with reporting requirements. All other Commissioners agreed with Bryson and indicated they would vote to have the permit revoked. VOTE: Bryson Nord Goecke Yes Erwin Yes Absent Glick Yes Tunseth Osborne Yes i Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 6' OLD BUSINESS PZ02-17 (PZ01-52} -- Conditional Use Permit- Surface Extraction of Natural Resources for the property known as 3713 Beaver Loop Road {that portion of the SE 1/4 lying northwesterly of Beaver Loop Road excluding Tracts 1 and B of Michael J. Pelch Homestead}. Application submitted by Michael J. Pelch, Sr., 2990 Sorrel Way, Eugene, Oregon 97401. Kebschull reported the applicant came before the Commission previously but was asked to provide additional information. That information was provided and Kebschull said it appeared to satisfy code requirements. If the Commission approved, a public hearing will then be scheduled. PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 2 MOTION: Commissioner Nord .MOVED to schedule a public hearing for PZ02-17 at the Apri1 24, 2002 Planning and Zoning meeting and Commissioner Bryson SECONDED the motion. VOTE ! Erwin t Osborne ! Goecke Absent Glick Yes Yes Tunseth Yes Yes INord Bryson Yes Yes MOTION PASSED UNANIMOUSLY. ITEM 7: NEW BUSINESS -- None ITEM 8. PENDING ITEMS -- None ITEM 9' CODE ENFORCEMENT Goecke advised of some junked vehicles on Stellar Drive. Kebschull reported, the City is doing some enforcement in the area and added, the code enforcement officer, John Parker, was on staff on a temporary basis and is working through the City Attorney's office. Kebschull added, a new procedure had been created where a 30-day notice is provided on a violation and if it is not responded to, then the Code Enforcement Officer, who is sworn in and authorized to write citations, will do so as required. ITEM 10: REPORTS 10-a. City Council-- No report. 10-b. Borough Planning- Commissioner Bryson gave a report of actions taken at the April 8, 2002 Borough Planning meeting. 10-c. Administration-- Kebschull reported the following: · The next several meetings will have the Comprehensive Plan drafts included on the agenda and the Commission will be required to take action. A tentative schedule was included in the meeting packet. Kebschull added, she would provide the Conunission with a copy of Chapter 1 for review and noted, work sessions would also be held in the next few months for the Comprehensive Plan. · Staff has received many building questions and most with problems and the Commission will probably soon see an increase in variance requests. PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 3 · A new education zone is being created and the draft resolution/ordinance is with the City Attorney for review. Mr. Hickey with the school district is being notified of the proposed zone. · The staff has met with all gravel pit operators regarding code violations. Draft letters, which are also with the City Attorney, will be sent out to the operators regarding the removal of the 150' buffer requirement. The operators will be given five years to come into compliance and each year will be required to provide a reclamation plan and report. · She will be traveling until April 24th and if anyone needs anything they can contact Nancy at City Hall. ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. Zoning Bulletin (3 / 25 / 2002) Planning and Zoning Roster Comprehensive Plan- Tentative Schedule ITEM 13' COMMISSION COMMENTS ~ QUESTIONS Commissioner Nord advised she may not be present at the May 8th meeting and will def'mitely not be at the May 22nd meeting due to travel obligations. Nord asked what was going on at the old Kenai Supply building and it was noted the Salvation Army was moving m. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED for adjournment. There were no objections. ORDERED. SO The meeting adjourned at 7:27 p.m. Minutes recorded and transcribed by: Barbara L. Roper, Contract Secretary PLANNING & ZONING COMMISSION APRIL 10, 2002 PAGE 4 City of Kenai Comprehensive Plan March 23, 2002, Community Workshop Synopsis of WorkshOp Ideas Prepared by Kevin Waring Associates This synopsis summarizes the main ideas and themes developed in the March 23 Community Workshop. A separate compilation of ali the ideas generated at the workshop can be found in an accompanying document also posted on the City of Kenai website and available from the Planning Department. Issue #1 Kenai's Identity "In 15-20 years, how would you like to describe where you live to someone who has never been here before?" Key concepts expressed by participants: · Small town; rural; friendly · Hub of the Peninsula - for trade, transportation, recreation, education and culture Attractive Diverse economy based on private sector rather than government Rich cultural and historic heritage Cultural facilities and opportunities The Kenai River Accessibility to nature - the river and coastline Paved, well-lit streets and safe neighborhoods Issue #2 City Center and Kenai Spur Highway "What do we want for the City Center and Kenai Spur Highway Corridor?" Key concepts expressed by participants: · Architectural and design standards' face lifts for old buildings and higher design standards for new buildings · Mixed development opportunities' retail and residential where compatible · Concentrated retail areas · Concentrated industrial areas · Redevelopment as well as new development: infill and re-use older buildings and malls Multiple city centers - for example, create two smaller city centers and connect the centers and fill in the gap between the two centers - creating an long or oval-shaped city center A defined purpose for the city center and potential appropriate land uses- business, government, arts, recreation, for example Buffering and screening along Kenai Spur Highway for commercial uses Pedestrian-friendly, waikable commercial areas March 23, 2002 Workshop Synopsis 1 April 3, 2002 · Landscaping; beautification; property maintenance · Enforced building standards and codes Issue #3 Millennium Square "What are the key elements for a successful Millennium Square?" Key concepts identified by participants' · An overall concept plan for the property prior to development · Maximized public return on the investment · Public access to coast and trail system incorporated into development plans · City takes an active role in the development process/careful consideration of all options Uses identified to include: convention center, senior facilities (assisted living, recreation), retail businesses and services, art galleries, hotel/lodging, and restaurants Designed to be the "crown jewel" of Kenai and the state- aesthetic, no inappropriate uses, include views in the design, and links to trail system, bluff, and other retail uses Issue #4 Cost-effective Development Patterns "What are the issues regarding development in Kenai?" The following list provided a "starting point" for discussion by participants. · Existing land inventory of improved subdivision lots - how can use be encouraged? · Infili development- use of existing buildings Mixed uses and screening requirements · Role of subdivision developers in utility extensions · New commercial development standards Key concepts identified by participants' · Continue to require development to be self-sustaining - builders/developers bear costs of constructing the necessary infrastructure · Amenities included in new subdivision development to include' paved streets with curb and gutter; water and sewer, natural areas for parks, separation of incompatible uses · Existing codes enforced in already subdivided areas' address incompatible uses and violations of code (kennels, junk cars), clean up urban blight, pave unpaved streets (curb and gutter), · Incentives for replatting existing small lot subdivisions to create more buildable lots identified and communicated to the public · Prescriptive development requirements in the city codes evaluated -is there room for flexibility in the standards without relaxing them too much? · Mixed use opportunities considered - more retail in residential areas and residential in commercial areas instead of strip commercial with residential behind March 23, 2002 Workshop Synopsis 2 April 3, 2002 Examine the cost of new development v. the cost of decaying properties Investigate tax incentives or tax relief for new businesses occupying existing buildings .. Issue #5 Quality of Life "What are you willing to support to create the quality of life you have identified today?" , Key concepts identified by participants' · Unsure if citizens are willing to pay for the services they want or may be required to have- communication and education will be key · Retention of the greatest return (value) on dollars spent by the City · Public facilities and services: drainage, snow removal, road maintenance, sewer and water, library, museum, recreation, parks and trails · Public safety: police, fire and EMS · Landscaping and beautification standards improved and enforced · Linking the city and development to the natural setting with buffers, greenstrips, parks · Incorporating natural setting into development design -orientation to river and coast · Re-use of existing buildings and renovating decaying areas March 23, 2002 Workshop Synopsis 3 April 3, 2002 KENAI BEAUTIFICATION COMMITTEE APRIL 9, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS '"AGENDA'" ITEM 1' ITEM 2' ITEM 3: ITEM 4: ITEM 5' ao ITEM 6- ITEM 7- a, ITEM 8: ITEM 9- ITEM 10: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTES -- February 12, 2002, March 12, 2002 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS Discussion --"United We Bloom NEW BUSINESS "Volunteer Day/May 25 Discussion -- Council Meeting Action Agendas REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison 0UF~TIONS AND COMMENTS INFORMATION Parks & Recreation Commission Meeting Minutes of March 7, 2002 City Council Action Agendas of March 6 and 20, 2002. Flower Bed Plant Design Form. Updated Committee Membership List ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE APRIL 9, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR MARILYN DIMMICK~ PRESIDING MINUTES ITEM 1' CALL TO ORDER/h ROLL CALL Vice Chair Brown called the meeting to order at 7:04 p.m. The roll was taken and confirmed as follows: Members Present: Members Absent: Others Present: Brown, Rogers, Overturf, Seymour, Nelson Dimmick, Hett Department Assistant Hams ITEM 2' AGENDA APPROVAL The agenda was approved by unanimous consent. ITEM 3' APPROVAL OF MINUTES -- February 12, 2002, March 12, 2002 The minutes were approved by unanimous consent. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5' OLD BUSINESS 5-a. Discussion -- "United We Bloom" Volunteer Day/May 25 The following items concerning Volunteer Day were discussed: · The Fire Association is sponsoring the BBQ and will be donating hamburgers, hotdogs, etc. · The Committee members stated they would bring side dishes. Brown stated Dimmick is in possession of the planting maps; these will be reviewed at the next meeting. · Brown stated Parks & Recreation Director Frates has ordered all seeds to be planted. , · Planting instructions for volunteers will be ready for review at the upcoming meeting. ITEM 6: NEW BUSINESS 6-a. Discussion -- Council Meeting Action Agendas The Committee members all emphasized the importance of council action meeting agendas as part of their packet. MOTION: Member Nelson MOVED to approve the continued inclusion of council meeting action items as part of the beautification meeting packets. Member Brown SECONDED the motion. There were no objections. SO ORDERED.' ITEM 7' REPORTS Committee Chair-- No report Parks/h Recreation Director -- No Report Kenai City Council Liaison -- No Report ITEM 8- 0UESTIONS AND COMMENTS Member Overturf informed the Committee of the upcoming Master Gardener's Conference on May 10 &l 1, 2002. Overturf provided conference registration forms to those interested. ITEM 9' INFORMATION Parks & Recreation Commission Meeting Minutes of March 7, 2002 City Council Action Agendas of March 6 and 20, 2002. Flower Bed Plant Design Fora Updated Committee Membership List ITEM 10- ADJOURNMENT The meeting adjourned at 7'30 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant BEAUTIFICATION COMMITTEE MEETING APRIL 9, 2002 PAGE 2 Kenai Convention and Visitors Bureau Minutes of Feb. 4, 2002 Board of Directors Meeting Board Present: Fred Braun, Ron Malston, Marion Nelson, Robin West, Robert Fulton, Jim Bookey, Bill Popp (5:45 p.m.), Dan Van Zee (5:51 p.m.). Quorum achieved 5:51 p.m.) Staff Present: Rickey Gease, Jay Barrett Call to order: 5'42 p.m. by President Braun. Agenda: Approved (after quorum achieved) Minutes: Approved (after quorum achieved). Visitors' None Correspondence: West Cook Inlet Task Force Gease reported on West Cook Inlet Task Force meeting that he attended. Braun asked what board could do to facilitate. Nelson said the Kenai CVB should be very involved in the west side, as Kenai is the gateway there. Gease said the task force meets every three- to four- weeks. Braun said it appeared the wishes of the board are that Gease continue on the task force. Pay phone ' Gease reported that pay phones are going the way of the dinosaurs, and that ACS is charging the Kenai CVB $480 per year for the one in the Kenai Visitors and Cultural Center. Gease said a free wireless phone fi'om AT&T that can call 800-numbers and anywhere statewide at no charge is available and should replace the pay phone. Malston inquired about out-of-state calls. Gease said the front desk could sell them phone cards. Introductions Braun introduced Robin West as the newest member of the Kenai CVB board of directors. West is the manager of the Kenai National Wildlife Refuge. West said he has always enjoyed the services the Kenai Visitors and Cultural Center has provided. Gease introduced Barrett, the new manager of communications and special events. Barrett said a few words about himself. ' Minutes' Approval moved by Popp, second Nelson. Motion passed. Board election results Gease reported all six candidates were elected. Forty ballots returned and there were 40 votes for all six candidates. (Results included by reference.). He said there are 10 members, 11 'with Bookey as Kenai City Council liaison. He said the board of directors is comprised of Fred Braun, Ron Malston, Rebecca Cronkhite, Bill Popp, Dan Van Zee, Robert Fulton, Marion Nelson, Marry Reagan, Robin West and Sandra Vozar. There are three board seats still open. Braun said Charlotte Legg would like to be appointed to the board. Braun asked the board their thoughts. Bookey asked if the board was intent on having 13 members. He said if so, they should be sought out now. Discussion ensued on potential candidates. Braun said board members should gather names and bring them back to the board. 2002 Board of Directors Manual Gease said he gave one to West. West said it was informative. Gease said two are available at the center. 2002 Board of Directors officer elections Braun threw open the floor for nominations. He said former Executive Director Kathy Tarr made the job of president easy, and that Gease also is making it easy, and said he feels he's had his time as president and asked if anyone was interested in serving in that position. Nelson asked Van Zee if he was ready for the job. Van Zee said he could not take on any other projects at the time. Nelson asked him if he was interested in being vice president. Van Zee said his "arm could be twisted in that direction." Braun asked Popp if he was interested in the presidency. Popp said with the bed tax issue, it might not be best for him to be president at this time. Braun asked Malston if he'd be interested in the presidency. Malston responded he would like to remain secretary-treasurer. Bookey asked if Nelson was interested in the position. She said was out of town too much. Braun said he would agree to do the job for one more year only. Popp nominated Braun for president, Nelson second. Popp moved to close nominations, Nelson second. Fulton asked for unanimous consent. There were no objections. Motion passed. Popp nominated Van Zee as vice president, Nelson second. Popp moved to close nominations, Nelson second. Fulton asked for unanimous consent. There were no objections. Motion passed. Popp nominated Malston as secretary/treasurer, Nelson second. Popp moved to close nominations, Nelson second. Popp asked for unanimous consent. There were no objections. Motion passed. A break was taken at 6:17 p.m. Back on the record at 6:20 p.m. Executive Director's Report Kenai Peninsula Tourism Marketing Council/Alaska Tourism Industry Assoc. Gease reported that the Kenai CVB has $10,000 earmarked for membership in the Alaska Travel Industry Association to be a community marketing partner. He said it has generated a lot of leads, being the second largest source of them, behind Yahoo!. He said ATIA has generated between a quarter and a third of the gross leads received. He said Seward and Homer pays $4,000 per year and Soldoma $5,000. Discussion ensued on how much each peninsula city contributes and how much KCVB should contribute. Gease then initiated discussion on bed taxes. He said the legislature now allows boroughs to collect area wide bed taxes and distribute them to cities. He said every other area in the state and western United States has a bed tax, putting the Kenai Peninsula at a competitive disadvantage as far as advertising money goes. Bookey said it makes sense to have a bed tax across the peninsula, not just in the city. Popp said there might be concern from businesses outside cities on the peninsula that the taxes they collect going to the cities. Popp said borough- collected bed taxes would likely have to go to a borough-wide marketing entity. Bookey said he is worded the borough assembly would tell the city of Kenai to collect its own bed tax since it has such an ordinance on the books, creating an unequal bed tax on the peninsula. Nelson initiated discussion on the health of the Kenai Peninsula Tourism Marketing Council. She said she sees an oppommity for a marketing committee from the different areas of the borough to be formed. Popp said with elections this year for most of the assembly members, this might not be the year to talk about a bed tax. Bookey agreed, saying 12 to 18 months fi'om now might be better. Popp said the discussion needs to start now about dedicated funding generated by the users. Van Zee said a seasonal sales'tax is preferable to a targeted industry bed tax. Popp suggested all executive directors of chambers of commerce talk among themselves, then talk to the accommodation industry. He said it would be a long and slow process. Bookey agreed, saying bringing groups to assembly and council meetings is important. Popp said best to leave a specific mill rate off the table at this point. Gease said he was asked to sit on the KPTMC board, but was inclined not to. Nelson said she would advise not to. Financial Report: Included by reference Director Popp lef~ at 6:50 p.m. Discussion ensued on obtaining addition pull-tab revenue. Gease pointed out that the KCVB could not enter into any more gaming agreements, as it is bringing in close to the maximum allowed. A parmership with another 501 c3 non-profit would have to be created. Braun said the board had given Gease the directive to look for new and additional funding sources, and noted that he was doing just that. The meeting was taken offthe record at 7:17 p.m. Back on the record at 7:24 p.m. Gease explained the new "Simple IRA" program for KCVB employees. Gease presented the new Kenai Visitors and Cultural Center logo, saying it would better brand the building. It was met with positive comments. Gease reported on the summer art show "The Spirit of Alaska: The Inner Landscape," saying 92 artists have been confirmed and several sponsors lined up. He also reported on several other projects, including the quilt show, the Hal Gage photography show, the Central Peninsula Writer's Night, his trip to Juneau as part of an ATIA lobbying effort. He said monthly "e-bulletins" are in the works for KCVB members. He said he is working on creating separate budgets for the Kenai Convention and Visitors Bureau and the Kenai Visitors and Cultural Center. Gease said the draf~ KCVB budget would go before the city council with a stares-quo contract mount of $70,000, and that the Small Tools budge would be similar to past years. He also said there are several options for a printed promotional piece from the KCVB. Bookey said it would be hard to hold to the stares quo, as the city will be at least $350,000 to $500,000 in the red. Nelson said a printed piece was needed no matter what. Malston agreed, as did Bookey. Braun said putting advertisements in one cheapens it. Bookey said the key to success is "thinking out side of the box." Nelson said she's been talking to peninsula travel-related businesses and that everyone is anticipating as good as or better year this year over last. Board comments: Nelson welcomed West. West said there is a lot to think about being on the board. Fulton had no comment. Bookey had no comment. Van Zee said he was proud to be vice president. Malston had no comments. Braun welcomed Gease, Barrett and West to their respective new positions. Meeting was adjourned at approximately 8'15 p.m. Respectively submitted, Jay Barrett Here's how it works' -Increase your. foot tra~c ~Build name reeogniti0n ~S~e in Comm, nity Unity with Healthy competition ~Fun for locals and visitors alike -Enhanee our local economy You' as a member of the Kenai Chamber of Commerce, choose Which size King Salmon you would like to display in your office or business, Kick off- May 15' (Keaai / Soldotna Chambers & Unocal Clean Up D~y). You may also choose to purchase only an ~dvertisement in the ~Get Hooked on Kenai!" Map. Details' on thc attached flyer. These King Salmon are 3 dimensional fiberglass mounts, primed and ready to. be deeorate~ You may decorate. your King Salmon, or have someone.dee0rate it for you i.e. Kenai Boys & Girls Club, Pre-School Classes, High School Art Class, Local Artist, Senior Citizens:.. Before you know it, people will be showing up at your place of business to see your King Salmon and register for our weekly drawing. Each business will bring their registrations to the Kenai Chamber of Commerce Wednesday Luncheons to be placed in a drawing with other registratiom, or you may drop them off at the Cabin before 11:30 A.M. every Wednesday. There will be 1 drawing every week for 12 weeks. (Businesses, employs, and family members signed up for "Get Hooked On Kev, ail, are not eligible for drawings). The best of the "Get Hooked on Kenai!' King Salmon will be recognized at The Town & 6own Awards Ceremony in January. We are working on a Best Dressed Holiday King Salmon in conjunction with Christmas Comes to Kenai (Friday November 22). So be ready to stir up the Christmas creative juices. This will encourage our local patrons to visit your establishment and discover your services while registering for the "Get Hooked on Kraal!' drawing~ Select your materials strategically as you decorate your King Salmon (i.e. weather proofing and adhesives). You Will Want to reuse your King Salmon year after year. Also if they are outside, make sure they are secure.. The Kenai Chamber will have 20,000 maps / brochures printed and distributed throughout the Kenai Peninsula and the State of Alaska. ~emernber this 'G~ Hooked on Kenal]' will be as successful a~ yOu ~he Chamber make ~. we nee~ your commi~men~ TODAY!. Please n~e, Torn Kaiser (our ~axide~i~) will ~ leavin9 ~own, and we ~ould like ~o expe4ife your tqsb as ~oon as po~ible, . · Your Chamber Board and Team, · Please call us i~'you have ~ny queseions. 285-7989 ~t6l'oN . · · · Join the Kenai Chamber or Commerce's new, Small Retail Business Committee' (Ron Goecke, of Gallery 25 Chair) in our exciting new program "Get Hooked' on Kenai!" You will: ~Increase your foot traffic -Build name recognition -Enhance local economy .~Share in' community unity ~th healthy competition .-Promote fun for locals and ~isitors. alike!! " Chamber Members Job'.. .. · . 1. Purchase a King Salmon with Ad space or Ad space only. · 2. 'Decorate and display your king salmon 3..Set aside a smaIl space in your place of bUsiness 'for patrons, to register'to Win charter fish- lng trips, please provide an easy access box or jar for' re~stration forms..(Siammer Pro- gram will run .fOr 12 weeks. We are also working on a Winter program, Best Dressed King Salmon in.conjunction with.Christmas Comes to Kenai, Friday November 22nd) 4. Bring your registration entries' t° the Kenai Chamber's weekly luncheon, or deliver to the Cabin before 11 '30 A.M. every Wednesday, and restock your registration forms. ' Chamber's Job: 1. Expedite your King Salmon and Ad Space 2. Publish and Distribute 20,000.map/brochures throughout Kenai peninsula and Anchorage · 3. Supply participants with Kick offKit, includes' a. Registration forms, · b. Get Hooked on Kenai! Logo'with contest schedule and charter sponsors (sticker form 'to attach to registration box or jar). .. c. Map/brochures 4. The Kenai'Chamber Cabin will be Election Central for "BeSt of Show King Salmon" all votes are welcome.. . 5. Coordinate and expedite Marketing and other details of Get Hooked on Kenai!. .. FOr questions plea~e call the Kenai Chamber of Commerce 283-7989. O. ~¢/~ '.,.I ,7, [6 ['0N ~V~'6 7~00~ Chamber. Members ,, Order you. r"Ki:ng Salmon / Map space NOW ., Order. yo~ K~g S ahn°n today and ~et Adve~is~g SPace for Free Yo~ ~g Sa~on will be tamPereR by oar loc~ t~iRemi,t m order.rec,iw~- ~e' ~ly fi~h ge~ ~e worn. ~ck'offDaY May 18th .. C~ Get Hooked on Kenai! King Salm°n wit& Map Advertising' Le~agth (i~ches) Position Price Map Ad Size $150 Level Oae 1 314" X 2" Fr~e S-curve fac~ IdK tail up 18 $200 47 Price Level Two 3 $2.5.00 24 Facing K/Tail Down .. 44' Facing LFraiI Dowa $350 Level Three 3 1/2" X a" $50.00 Facing Id. Tail Down Sa,00 Level Four '7 1/2" X 4" .$'75.00 'Facing L/rail Down $450 54 .Approximate Minimum Size Advertising' Space "Get Get HoOked on Kenai! Map ' APlxoXimate ~~m Siz~ Advertising SpaceLevel' one 1 3/4" X 2" $50,00 : Level Two 3 314" X2" $100.00 ..' · .~ ' ' 'L~el Thr~ 3 1/2" X 4" $175 ~00 . . ... " ' :' Level four 7 1/2:' X 4" · $350.00 . .. Att sizes ar, ,ubj~:t.tO ~h~g~ c°rrest~xdiag wita th,. ~mber of parricipan~. ' ' : · · . . .. . please make checks Payable ~:0 tCenai Chamber of Co,Ii-ce and drop off at Cabin or mail to 402 Overl~d Kcmai ,t~ 99611 You may also call 283-7989 ~-ith a VISA °r MasterCarcl, or fax the order'form to 283-7183. , , . · . Company Name ' . Kepresentative_ · Fax #._~~.~~.~~Location of Business where fish wiltbe disp~,¢d__,~ J · (..,;al"Cl ~' ' 'rlS~. . · -/ AGENDA KENAI CITY COUNCIL- REGULAR MEETING APRIL 3, 2002 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) ITEM C: PUBLIC HEARINGS . , Liquor License Renewal- PROTEST Ea§lechief, Inc., d/b/a- Katmai Motel Restaurant & Loun§e -- Bevera§e Dispensary Liquor License Removal of Objection to Continued Operation and Renewal Spencer W. Han, d/b/a New. Peking Restaurant ITEM D: o 2. 3. 4. 5. 6. 7. ITEM E: o COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report MINUTES *Regular Meeting of March 20, 2002. ITEM F: CORRESPONDENCE ,,. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS o Bills to be Pa/d, Bills to be Ratified . Purchase Orders Exceeding $2,500 , *Ordinance No. 1951-2002 -- Increasing Estimated Revenues and Appropriations by $12,200 in the Terminal Enterprise Fund for Roof Repair. ITEM I: REPORT OF THE MAYOR ITEM J' ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING APRIL 3, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai.ak.us VICE MAYOR LINDA SWARNER~ PRESIDING MINUTES ITEM A: CALL TO ORDER Vice Mayor Swamer called the meeting to order at approximately 7'00 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Vice Mayor Swarner led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Swarner and Moore. Absent was: Williams Present were: Porter, Bannock, Jackman, Bookey, A-3o AGENDA APPROVAL Vice Mayor Swarner requested the following change to the agenda: SUBSTITUTE: H-2, Purchase Orders Exceeding $2,500 -- Addition of Purchase orders to Westcoast Sales and Big G Electric. MOTION: Councilman Bookey MOVED for approval of the agenda and adding Substitute H-2 and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. A-4o CONSENT AGENDA MOTION: Councilman Bookey MOVED to approve the consent agenda as presented and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. ITEM ,B: SCHEDULED PUBLIC COMMENTS-- None. KENAI CITY COUNCIL MEETING APRIL 3, 2002 PAGE 2 ITEM C: PUBLIC HEARINGS C-1. Liquor-License Renewal- PROTEST Eaglechief, Inc., d/b/a- Katma/Motel Restaurant & Lounge -- Beverage DispenSary City Attorney Graves explained $4,300 of the amount owed had been paid during the afternoon, however an additional $2,500 was still owing. He recommended council protest the renewal of the liquor license if the amount was not brought current by 4'00 p.m. on Friday, April 5. MOTION: Councilman Bookey MOVED to protest the liquor license if the amounts owed were not paid by 4'00 p.m. on Friday, April 5 and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. C-2o Liquor License Removal of Objection to Continued Operation and Renewal Spencer W. Han, d/b/a New Peking Restaurant City Attorney Graves explained the amounts owed in January, when the objection to the continued operation and renewal of this liquor license was filed, had been paid. He recommended the objection be withdrawn. MOTION: Councilwoman Porter MOVED to remove the objection to the continued operation and renewal of the New Peking Restaurant and Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Vice Mayor Swarner reported a meeting would be held on Thursday, April 4 at 10'00 a.m. D-2. Airport Commission -- Councilwoman Jackman reported the minutes of the March 9 meeting were included in the packet. D-3. Harbor Commission -- Councilman Bookey reported the next regular meeting would be held on Monday, April 8, 2002. D-4. Library Commission -- Councilman Moore reported a meeting was held on April 2 at which the main discussion was in regard to grant possibilities for funding the proposed library expansion project. He noted, the Commission felt it would be KENAI CITY COUNCIL MEETING APRIL 3, 2002 PAGE 3 best for the Friends of the Library to submit a grant on behalf of the city with the city's review and approval. Moore also reported the Commission discussed the inclusion of the council's action agendas in their packets and definitely'wanted to continue their inclusion. D-5. Parks/h Recreation Commission -- Councilwoman Porter reported the next regular meeting would be held on April 4. D-6. Planning/l~ Zoning Commission -- Councilman Bannock reported the unapproved minutes of the March 27 meeting were included in the packet. He noted, a Conditional Use Permit was approved to allow a dormitory be added to the Challenger Learning Center of Alaska, however the allowance was restr/cted to students and chaperones only. The Commission also denied a requested sign variance from the Challenger Center and had a debate on what the sign entailed. Bannock noted, the Center director was informed of his fight to appeal. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported the next regularly scheduled meeting would be held on Tuesday, April 9, 2002. · · Anchorage. D-7b. Kenai Convention/h Visitors Bureau Board -- Bookey reported a meeting was held on March 25 at which the following was noted: The upcoming "Spirit of Alaska" art show was discussed. An update of the "First Thursday" activities was held. The "Get to Know Kenai" reception was held and was successful. The Bureau would have a booth at the Great Alaska Sport Show in The Board discussed long-term goals and objectives and are arranging a strategic planning program to be held in the near future. · The upcoming council budget work sessions were discussed briefly. D-7c. Alaska Municipal League Report -- Swamer noted she and Mayor Wi!l/ams met with AML representatives and referred to information on revenue sharing she distributed to council at the beginning of the meeting. ITEM E: MINUTES Regular Meeting of March 20, 2002 -- Approved by consent agenda. ITEM F: CORRF~PONDENCE-- None. ITEM G: OLD BUSINESS-- None. ITEM H: NEW BUSINESS KENAI CITY COUNCIL MEETING APRIL 3, 2002 PAGE 4 H-X. Bills to be Paid, Bills to be Ratified MOTION: Councilman Bannock MOVED to pay the bills and Councilman Moore SECONDED the motion. There were no objections. SO ORDERED. H-2o Purchase Orders Exceeding $2,500 MOTION: Councilman Moore MOVED to approve the purchase orders exceeding $2,500 and Councilman Bookey SECONDED the motion. Airport Manager Cronkhite explained the airport lighting circuit board problems recently experienced and noted the purchase orders included on the substitute list were to refurbish supplies and pay the contractor who did the repair work. It was also noted the substitute list was marked incorrectly. In order to correct the error, it was suggested a motion to amend would be appropriate. MOTION TO AMEND: Councilman Moore MOVED to amend the Purchase Orders Exceeding $2,500 list to include the purchase orders to Westcoast Sales and Big G Electric. Councilman Bannock SECONDED the motion. There were no objections. SO ORDERED. VOTE ON MAIN AMENDED MOTION: There were no objections. SO ORDERED. H-S. Ordinance No. 1951-2002 -- Increasing Estimated Revenues and Appropriations by $12,200 in the Terminal Enterprise Fund for Roof Repair. Introduced by consent agenda. ITEM I: REPORT OF THE MAYOR Swarner reported the following: · While she and Mayor Williams were in Juneau, they met with area legislators. She noted, the legislators were continuing their discussion on developing a state sales tax and state budget cuts. · Judging of the "Caring for the Kenai" would be held April 4 at the River Center. She would be judging the bluff erosion entrants. KENAI CITY COUNCIL MEETING APRIL 3, 2002 PAGE 5 · Requested council set a date for the annual Volunteer Reception. Council set April 26 as the date, from 6-8 p.m. at the Kenai Senior Center for the event. Councilwoman Porter and Councilman Bannock will help in planning and preparing for the event. ITEM J: ADMINISTRATION REPORTS J-1. City Manager -- City Manager Snow reported the following: · The city received a bond the purchaser provided for the Five Iron Heights property. Administration reviewed the bond and requested an amendment in order for the bond to conform to the installation agreement, i.e. that the project would be completed within two years as required by the installation agreement. The purchaser agreed to do that and informed her he had contacted his bond company and that was in the process of being provided to the city. · Recently she was notified by the Corps of Engineers they are ready to begin writing the RFP and have received the erosion control funding $500,000 from the federal government. They are ready to begin working with the city in developing the RFP for the technical evaluation study of the Kenai River Bank Stabilization Project as it was described in the federal legislation. They will meet with city staff on April 9. She is preparing letters of request for additional funding from Senator Stevens for the Kenai Coastal Trail and water/sewer projects as directed by council at their March 20 meeting. As a result of the south side dip net fishery meeting, she prepared letters requesting funding related to assistance for implementation of a management plan for that fishery for this season. · She met with representatives of the Boys & Girls Club and members of council, a propose may be received from them in regard to their operating the city's summer recreation program along with theirs. They will be holding a board meeting and a representative will report to Snow and if a proposal is provided, it would be discussed at budget hearings. Moore asked Fire Chief Walden if he has been able to acquire funding from Senator Stevens program for maintenance of beetle kill spruce. Walden reported the funding would be split between Anchorage and the Kenai Peninsula. The Spruce Bark Beetle Task Force plans to begin on the south peninsula and begin clearing fight-of-ways through the summer until they get to the Kenai area. He added, mention had been made of the continuation of the city working with the Department of Forestry. The Fire Department will keep in touch with the Task Force Moore stated he would like focus on the gullies north of town where there is a lot of beetle killed trees. J-2. Attorney -- City Attorney Graves reported he planned to include a resolution in the next packet to lower the interest rate on the sale of city lands. He explained, a problem had arisen because of the fall in interest rates and Alaska law KENAI CITY COUNCIL MEETING APRIL 3, 2002 PAGE 6 provides for loans under $25,000, unless exempted by law, the most that can be charged is the discount rate plus five percent. He noted, the city's rate was set in 1981 and is ten percent and the discount rate is now 1.25% and the maximum rate the city can charge is 6.25% on land sales under $25,000. Graves added, there are some people interested in purchase of small lots and unless the interest rate is changed, cash sales will have to be made which is less attractive for the purchaser. Graves stated he checked with the Division of Banking who confirmed, for transactions like this, the maximum interest rate is 6.25%. Graves explained, council would need to decide how they want to handle purchases over $25,000 as there is no interest rate limit for those purchases; it can be the same rate or higher. He added, this change of rate would only apply for new sales. I-3. City Clerk -- Clerk Freas reported April 11, from 12-1'00 p.m. was the time and date selected by Mrs. Heath and her class to help hang their quilt at the airport terminal. ITEM K: DISCUSSION X-Xo Citizens-- None. g-2o Council Jackman -- No comments. Bannock -- Reported he received a letter from the Chamber of Commerce who noted they would like to make monthly reports of Chamber activities and potential city involvement at council meetings. The first report will be made at the April 17 meeting. Bannock asked if council had any objections to including the Chamber of Commerce on the agenda as Item D-7d on an ongoing basis. Council had no objections. Porter -- · Asked Komelis if he had an update in regard to the Borough's involvement in a junk vehicle clean-up. Komelis reported he spoke with a Borough representative recently and they will increase the yearly number of cars they will take from the city from five to 20 and will waive the fee for the car. The city will have to remove all fluids. He will include a letter from the Borough in the next council packet. He noted, individuals can dispose of five vehicles a year. · Asked Snow if she would again meet with Fish & Game on the south side issue after they walk the area. Snow stated, charging for use of the area has been implemented. Porter requested council be informed when the plan takes effect. Moore -- · Complimented Airport. Manager Cronkhite for the city receiving a thank-you letter from representatives of the FAA for her hosting a meeting in Kenai. · Noted the Projects Report from the Public Works Department stated the final report on the Daubenspeck Environmental Site Assessment had been received. KENAI CITY COUNCIL MEETING APRIL 3, 2002 PAGE 7 Public Works Manager La Shot stated the report was available in his office. La Shot noted, there were some monitoring wells still there that DEC wants to leave in place and various areas have been delineated where there were dump materials buried and as long as they stay in place, there may not be a problem. However, if digging takes place, some of the materials could be brought to the surface and problems could arise. He added, at this time there were no water table problems. Bookey -- * Noticed there are lighting problems on Forest Drive and asked if the city had accepted the project. Komelis reported the Forest Drive had been accepted and believed the light outages had been reported to HEA. He added, there are two poles that were knocked down and new poles had been ordered. · Received the Statement of Encumbered Expenses through email and requested it continue being forwarded to him in that manner. He requested the information be placed on the city's website as well. Council's consensus was to include the information on the website. Moore questioned why the website had not been updated with the council meeting agenda. Freas explained, the new server and the website management program were not working together but the problem was being investigated. EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT The meeting adjourned at approximately 7:36 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Z (.,1 Z :::3 0 n,'z z 03 Z 03 ~-- 0 ~ 0 0 0 ILl (.'3 o :3 <1:: ..j -r' < "' 0 ~ 03 n- O 0 ~ z Z 0 I.l.I 0 .2 0 _J Z i w n,' uJ F- l- 0 o. w n,' 1.1_ 0 0 0 o. LI.I n," Z 0 iii Z Z Z I 0 Z -r- 1.1.1 I-- Z i o.. LIJ I-' W F-- n,' I-- Z 0 0 Z w 0 n,' LIJ -1" F- O LL! 0:: O_ 0 I-- w w I-- 0 Z 0 O0 I-- o 0 Z 0 o. u.I I--. uJ w I-- 0 I-- 0 o 0 Z 0 uJ IJJ LIJ !--- O. 0 0 I Z wZ -ruJ 0 u.! 0 Suggested by: Administration City of Kenai ORDINANCE NO. 1953-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,000 IN THE SENIOR CITIZEN TITLE III GRANT FUND FOR A GRANT FROM THE STATE OF ALASKA AND TRANSFERRING GRANT MATCH MONEY FROM THE BOROUGH GRANT FUND. WHEREAS, the City has received a $3,000 grant from the State of Alaska Commission on Aging to purchase a computer and to provide transportation for training for new reporting requirements for the senior citizen program; and WHEREAS, there is money available in the Borough Grant Fund transportation to provide the grant match. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows in the Senior Citizen Title III Grant Fund and budget transfer be made in the Borough Grant Fund: Senior Citizen Title III Grant Fund Increase Estimated Revenues: State Grant Transfer from Borough Grant Fund Increase Appropriations: Access: Small Tools Access: Transportation $2,381 619 $3:000 $2,271 729 $3.000 · Borough Grant Fund From: Transportation To: Transfers Out $619 $619 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of May, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (4/12/20021 sj Introduced: Adopted: Effective: April 17, 2002 May 1, 2002 May 1, 2002 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1~92 Memorandum Date: To' From: April 10, 2002 Linda L. Snow, City Manager _~,, Kim Howard, Assistant to City Manager Restaurant at Kenai Golf Course The City has two leases with The Morgan Family Limited Partnership for the golf course, one for the front nine holes and another for the back nine holes. The Morgan Family Limited Partnership has requested approval of the attached documents regarding the restaurant at the Kenai Golf Course. In 1991, the golf course was leased to Richard Morgan, Individually, and Council approved an agreement between Morgan and Kenai Golf Course Cafb, Inc. to operate the restaurant. Morgan is also the president of Kenai Golf Course Cafe, Inc. The Morgan Family Limited Partnership now wishes to cancel the agreement for the restaurant with Kenai Golf Course Cafe, Inc. and enter into a new agreement with Gary E. and Susan L. Schnelting. , Cancellation of Lease (between Kenai Golf Course Caf6, Inc. and Richard Morgan) and Consent to Cancellation of Lease; and , Sublease Agreement (between The Morgan Family Limited Partnership and Gary E. and Susan L. Schnelting) and Consent to Sublease agreement. The legal descriptions of the leases were amended in February of 2000. The agreements in No. 1 above were entered into under the former legal description. The agreements in No. 2 should have the new legal description. The attorney's office for The Morgan Family Limited Partnership will correct the legal description in the Sublease Agreement. Memorandum to City Council April 10, 2002 Page 2 of 2 The leases between the City and Morgan state the leases shall not be assigned in whole or in part without the City's written consent, which shall not be unreasonably denied. The leases also state the assignee shall assume the duties and obligations of the lessee and will not discharge the lessee from its duties and obligations. The term in the proposed Sublease Agreement for the restaurant expires December 31, 2015. Both of the golf course leases will expire December 31, 2005, but include an option for the. lessee to renew the leases for additional 10-year terms. According to a letter we received from the Morgan's attorney's offices, they intend to exercise the option to renew the leases. All parties concerned are current in payments to the City and taxes to the Borough. The City Attorney has reviewed the documents and has no objections. Cc' Hilda Spires, Baldwin & Butler, LLC Attachments CANCELLATION OF I.EASR Kenai Golf Course Card, Inc., doing business under the name of Kenai Golf Course Cafe, whose address is 1420 Lawton Drive, Kenai, AK 99611, and Richard I. Morgan, whose address is P.O. Box 1101, Kenai, AK 99611, hereby agree to the cancellation of that certain Sublease Agreement with Richard I. Morgan, as Lessor, dated the 1 ~ day of May, 1991, and covering a portion of the premises of the Kenai Golf Course Clubhouse, located on the following-described real property: Government Lots 1, 2, 3, and 4 Section 3, TSN, R11W SM, Alaska EXCLUDING the NWl/4 Government Lot 4, Kenai Recording District. Third Judicial District, State of Alaska, and more specifically identified as the "Kitchen" and "Dining" area located in the I~enai Golf Course Clubhouse, encompass~ing approximately 378 sq. ft., as outlined on the'attached Exhibit A. ' o The effective date of this cancellation is Januaryl, 2002. this IN WITNESS WHEREOF, the parties have hereto set their hands and seals day of ,2002. K~ENAI GOLF COURSE CAFI~ INC. By: Richard I. Morgan Tide' President CANCEIJ.ATION OF LEASE Page 1 of 2 ,, , Richard I. Morgan STATE OF ALASKA ) SS. THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me this day of . . ., 2002, by Richard I. Morgan, President of Kenai Golf Course Caf~ Inc. on behalf of the corporation. NOTARY PUBLIC FOR _AT.ASKA My Commission Expires: STATE O F ALAS KA ) SS. THIRD JUDICIAL DISTRICT ) day of The foregoing instrument was acknowledged before me this ,2002, by Richard I. Morgan. , NOTARY PUBLIC FOR ALASKA My Commission Expires: . Kenai Reco~g District PLE&SE ~~ T~. Baldwin & Butler, 125 N. Willow, Suite 100 Kenai, AK 99611 CANCELLATION OF LEASE Page 2 of 2 CITY OF KENAI CONSENT TO CANCELLATION OF LEASE The Cancellation from Kenai Golf Course Card, Inc. and Richard I. Morgan, dated the day of ., 2002, of that certain Lease dated May 1, 1991, and recorded at August 22, 1991 in Book 388 at Page 72, Kenai Recording District, covering a portion of the premises of the Kenai Golf Course Clubhouse, located on the following-described real property: Government Lots 1, 2, 3, and 4 Section 3, TSN, R11W SM, Alaska EXCLUDING the NWl/4 Government Lot 4, Kenai Recording Dismct. Third Judicial Dismct, State of Alaska, and more specifically identified as the "Kitchen" and "Dining" area located in the K'enai Golf Course Clubhouse, encompassing approximately 378 sq. ft., as outlined on the attached Exhibit A, is hereby ACIqNOWLEDGED. LINDA L. SNOW CITY MANAGER Consent to Cancellation of Lease Page 1 of 2 STATE OF ALASK_A ) ) SS. THIRD JUDICI~ DISTRICT ) THIS IS TO CERTIFY that on this day of . ., 2002, before me personally appeared Linda L. Snow the Manager of the City of Kenai, 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. Kenai Recording District Return to: NOTARY PUBLIC FOR .M_.ASIG5 My Commission Expires.. Consent to Cancellation of Lease Page 1 of 2 BKO 0635 PI; 0 SUBLE, ASI£ AG REEMENT THIS AGREEMENT, made and entered into this _a~ day of~~v--/ 2001, by and beaveen THE MORGAN FAMILY LIMITED PARTNERSHIP whose address is P.O. Box 1101 Ken,fi, AK 99611 hereinafter referred to as sot; and Gary E. Schnelting and Susan L. Schnelfing, husband and wife, whose address is 1111 Fox Ave., Kenai, AK 99611, hereinafter referred to as "Lessees". 1. PREMISE~S: The Lessor hereby leases to tim Lessees a portion of dm premises of the Ken,'fi Golf Course Clubhouse, located on tim followi~g described property Govermnent Lots 1, 2, 3 and 4 Section 3, T5N, RI 1W S/%f. Alaska, EXCLUDING the NWl/4 Govermnent Lot 4, Kenai Recording Dismct, 'I'l~-d Judicial Disu-ict, State of A/aska, And more specific,,dly identified as fl~e tctmn, ~ec~t, and "Dirm~g area" located h~ ~e Ken~ Golf Course Clubhouse and ~e Pav~on area, as ou~ed on ~e attached Exhbit A, rese~ng unto ~e ~ssor, his heks and assi~s fl~e figh~ as Set for~ h~ Section 4. The proper~ &at is subject to ~s Lease A~eement is auached as Exhibit A and is hereinafter referred to as "&ased Prooer~". In ad~fion to ~e Leased Prope~ fl~e Lessees sh~ enjoy access to a desi~ated storage area ~ the shop b~l~ng and access to and exclusive use of flae fi'cezer located in ~e card b~~g. 2. CONDITION OF PRF. MISE~: Except as provided herein, at the · commencement of fl~e term, the Lessees accept the building, hnprovements, and any equipment on or in the Leased Properg,, in their existing condition. No representation, statement or warrant3; express or implied, has been made by or on behalf of the Lessor as to such condition, or as to the use that may be made of such property. Lessees have fully inspected the Leased Property. ' on the 3)~ oT~ L.~ease;~h~a~ be f,°r f,°.urteen (14) years, commencing ----- " v __, uu4, anct enamg on the 3Ist day of December, 2015, unless sooner tehninated as herein provided. Tlfis sublease shall be renewed automatically at the end of its term, or any renewal tm'm, un/ess either part3, gives notice of such party's intent not to renew the lease at least flfirty (30) days prior to fl~e end of the term or any renewal fl~ereof. SUBLEASE Page I of 6 BK OOG 35 PG 0 9 7 2 4. PURPOSE: The Leased Property shall be used or occupied for a caf~ only. The Lessees acknowledge that the Leased Property are an integral part of the Kenai Golf Course oxvned by the Lessor and will operate the Card in a manner which xvill be consistent with the usual and customary operations heretofore engaged in by the Lessees' predecessor. The Lessor reserves, for the benefit of himself, the golf course patrons, and any golf tournament sponsors, (1) the fight for any patron of the golf course to come upon the premises for any purpose germane to the patron's presence at the golf course, (2) the right to m,'fintain upon tt~e premises a computer in a location accessible to golf course patrons, (3) the fight to maintain, replace and update the existing bulletin boards, (4) the fight to use and occupy and to grant to others the fight to use and occupy the Pavilion area during speci,'d events, including, xvithout limitation, golf tournaments, wedding or birthday celebrations or other commemorative events, celebrations or gatherings. Lessees sh,-dl operate the Card, as a miahnum, during the period beginning June 1 and ending on September 30 of each year, and during said period shah keep fl~c Card open to the public and offer full fo~d service between the house of 10:00 A.M. to 7:00 P.M., daily. 5..PAYlVIENT: The Lessees shall pay to the Lessor on the first day of each year of each term of tiffs lease d~e following payments: (a). The Lessees shall pay to the Lessor an annual payment in the amount of $100.00, for the first year term of this lease. (b). The Lessees shall pay to the Lessor an annual payment in the amount of $500.00, each year during the second through fifth year terms of this lease. (c). The Lessees shall pay to fl~e Lessor an annual payment in the amount of $1000.00, each year during the sixd~ d~rough fourteend~ year terms of dfis lease. 6. TAXES: The Lessees shall be responsible for payment of all personal property taxes and all license fees. 7. UTILITIE_S: The Lessor shall pay for the cost of the following utilities to be provided to the Leased Property: gas, electric, water, sewer and garbage removal. Lessees shall pay the cost of Lessees' own telephone use and one-h,-df the cost of the rest_room m,'fintenance. Lessor will invoice the Lessees' for their share of the cost of the restroom maintenance. 8. INSURANCE: The Lessor shall keep the property fully insured against loss or damage by £n:e or other casualty. The Lessees shall carry their own personal injury liability insurance' and property damage insurance. SUBLEASE Page 2 of 6 BI(O 06 35P'G09 73 9. SURRENDER: At the expiration of the lease term, the Lessees shall surrender the lease property in as good cot~difion as it was in at the beginning of the term, reasonable usc and wear and damages by thc clements excepted. 10. LESSOR'S RUI,ES. Lessees shall observe all reasonable rules and regtflations adopted by the Lessor to promote the safe, efficient and orderly operation of the golf course and the Leased Property. 11. COVENANT TO MAINTAIN AND REPAIR. Lessor shall keep the exterior walls and roofs of the Leased Property in good repair. Lessor shall pay for snow and ice removal and maintenance of parking lot of the Leased Property. Lessees shall be responsible for all maintenance necessary to keep the interior spaces of the Leased Property in good repair, and shall replace any breakage of glass, equipment, fixtures, and furnishings. ' 12. ALTERATIONS: No major alteration, addition, or improvements to the leased property shall be made by the Lessees without the xvritten consent of Lessor. 13. LIENS: The Lessees sha.ll indemnify the Lessor against any mechanic's liens, or any other lien arising out o:f the making of any alteration, repair or addition by the Lessees. 14. ASSIGNMENT OR SUBI,ETTING: \Vithout fl~e prior written consent of the Lessor, the Lessees shall not sublet or assign all or any portion of the Leased Property to others. Any purported sublease or assignment made in violation of this provision shall be void. . 15. SUBSEQUENT TRANSFER:. No subsequent transfer of the fide to property referred to herein shall affect the fight of the Lessees to continue in possession under this Lease Agreement. 16. PERSONAL PROPER~IW: At the termination or expiration of the Lease, the Lessees may remove all equipment and trade fixtures oxvned or provided by Lessees. 17. OUIET POSS_ESSION: The Lessees may peaceably and quietly have, hold and enjoy fl~c premises for fl~c term or tot,ns of this lease. 18. PARKING: The Lessees and the employees and customers of the Lessees have the fight to park vehicles in the parking lot. SUBLEASE Page 3 of 6 BKOO635PG09 71, 19. ABANDONMENT OR INSOLVENCY: If the leased property shall be deserted or vacated, or if proceeding are commenced against the Lessees in any court under a 13ankruptcy Act, or for the appointn~e~t of a trustee or receiver of l,essees' property, either before or after the commencement of the lease term, or if there shall be a default in payment or rent or any part thereof for more than 15 days after said rent is due, this Lease Agreement (if the Lessor so elects) shall thereupon become null and void. 20. LESSOR'S REMEDIES IN EVENT OF DEFAUI,T: In the event of any default of the Lessees in fulfilling their obligations under this Lease, the Lessor will have the following fights or remedies in addition to any fights or remedies that may be given to the Lessor by statute, common law or otherwise: A. Re-enter the Leased Propcrty and take possession thercofi B. Relet the Leased Property in whole or in part for any period equal to or greater, or less, than the remainder o f the original term of this Lease, for any sum which may be deemed reasonable; C. Declare the lease term ended; D. Distrain the'Lessees from entering the premises and taking possession of their equipment and inventory; E. Seize the property and inventory and file a lien against the property for rent that is due; and ' F. Recover from the Lessees damages from the date of such breach to the date of expiration of the original term hereby demised attributable to the default of the Lessees. Damages shall be due and payable by the Lessees to the Lessor on the days on which the rent reserved in tiffs Lease Agreement would have become due and payable; that is to say, upon each of such days the Lessor shall pay to the Lessor fl~e amount of deficiency then existing. Re-entry or reletting of part or all of the premises is not to be deemed a termination of this Lease Agreement, unless expressly declared to be so by the Lessor. However, if this Lease Agreement be deemed term/hated, the Lessees' liability shall survive, and Lessees shall be liable for damages for the rem~ader of the term existing at said termination date. SUBLEASE Page 4 of 6 BI(OO635P60975 As security for the rental obligation, Lessees grant Lessor a security interest in all Lessees' property upon the premises. 21. CASUAL~IX LOSS. In thc cvcnt of damage to or dcstruction of thc property by fire or other casu,'dty, the Lessor, unless it shall otherwise elect, at its sole expense, shall promptly restore the lease property as nearly as possible to its condition prior to such damage or destruction. All insurance proceeds received by the Lessor pursuant to the provisions of this Lease Agreement, less the cost, if any, of such recovery, shall be held in trust and applied by the Lessor to the payment of such restoration, as such restoration progresses. If the Lessor shall decide to demolish, rebuild, or reconstruct the building containing the demised premises, then, upon written notice give by the Lessor to fl~e Lessees, this Lease shall terminate on a date to be specified in such notice, and the rent shall be adjusted as of the date of the occurrence of the casualty. 22. CONDEMNATION: If the whole or a substantial part of the building containing the demised premises shall be taken for any public or quasi-public use, under any statute, or by fight of eminent domain, or private purchase in lieu thereof by a public body vested with fl~e power of c~mnent domain, then, when possession shall be taken thereunder of the demised premises, or any part thereof, the term herein demised and all fights of the Lessees hereunder shall immediately cease and terminate, and the rent shall be adjusted in the event of such occurrence. Nothing herein cont,'fined shall be deemed or construed to prevcnt the Lcssces from interposing or prosecuting in any condemnation proceeding a claim for the value o f any fixtures or improvements installed in or made to the demised premises. 23. DEFAULT: If there shall be default in the performance of any covenant, ' agreement or condition herein contained on the part of the Lessor for more fl~an thirty (30) days after written notice of such default by the Lessees, this Lease (if Lessees so elect) shall thereupon become null and void, and the Lessees shall have the fight to vacate the lease property and terminate this Lease Agreement. 24. NOTICE: Any notice or demand which, under the terms of this Lease Agreement or under any statute, may or must be given or made by t~he parties hereto must be in writing and may be given or made by mailing the same by registered or certified mail, addressed to the off, er party at the address hereinabove mentioned. Either party may, however, designate, in writing, such now or other address to which such notice or demand shall thereafter be so given, made or mailed. Any notice/~vcn hereunder by ma.il shall be deemed delivered when deposited in the United States general or branch post office, enclosed in registered or certified prepaid wrapper addressed as hereinbefore provided. SUBLEakSE Page 5 of 6 B!(OO635P609 7~ 25. RIGHTS OF SUCCESSORS AND ASSIGNS: The covenants and agreements conta.ined within this Lease Agreement shall apply to, inure to the benefit of, and be binding upon the parties hereto and upon their respective successors in interest and legal representatives. 26. REMEDIES CUMULATE: The fights given to the Lessor herein are in addition to any right that may be given to fl~e Lessor by and statute or otherwise. 27. ENTIRE AGREEMENT: CH_ANGES, WAIVE1LS. This Agreement supersedes all or any other prior agreements and understandings between the parties and may not be changed or terminated orally, and no change, termination or attempted waiver of any of thc provisions hereof shall be binding utflcss in writing and sigmcd by the parties against whom the same is sought. 28. CONSTRUCTION OF LEASE: Words of any gender used in this Lease shall be held to include any other gender, and words in the singular number shall be held to include the plural, when the sense requires. IN WITNESS WHEREOF, fl~e parties have hereunto set their hands and seals, on the day and year first above mentioned. Richard I. Morgan, General Partner LESSEES: SUBLEASE Page 6 of 6 BI(: 0 0 6 3 5 PG 0 9 7~ SUBSCRIBED AND SWORN to before me this .~;~ffay of ~ 2001, by Richard I. Morgan. NO"I ARY PUBLIC FOi~ My Commission Expires' 2001, by Gary E. Schnelting. ,. · o .o _- . :' . '"",~0BSCRIBED AND SWORN to before me this//~/'~day of ~ NOTARY PUBLIC F(~::~ 'ALAS/,KA~. omm ss on 2001, by Susan L. Schnelting. SUBSCRIBED AND SWORN to before me this __/_~_~day of ~~ NOTARY PUBLIC F~ A~ My Commission Expires: Bl(OO635P609'/8 .C3 ClCl 0 E3 r'l Cl CI c] Ci 0 Cl o 001:30 O0151b KEHAI RECORDING DISTRICT ZI~OZ FEB I 5 P 3:0 q REOUESTED BY EXHIBIT A FROM ' BALDW I N&BUTLER, LLC PHONE NO. ' 90? 2838435 Apr. 09 2002 11'53AM P2 CITY. OF KEN.A1 CONSENT TO SUBLEASE The Sublease, dated November 29, 2001, between 'Fhe Morgan Family Limited Partnership, Lessor, and Gary E. and Susan L. Schneltin§, Sublessees, of a portion of thor certain lease dared May 28, 1987, and recorded at Book 311, Page 134, from the : City of Kenai, 210 Fidal§o Avenue, Kcnai, Alaska 99611, to Richard I. Morgan, and subsequendy assigned to The Morgan Family Limited Parmcrskip, P.O. Box 1101, Kenai, Alaska 99611, covering the following-described property: The unsubdivided remainder of Government Ix)ts 1 and 2 located within the N1/2 NI/2 Section 3, T5N, R11W SM. City.' of Kenai, Kenai Recording Distdc~ Kenai Peninsula Borough, Alaska containing 71.919 acres, according to Plat No. 97-105; and more specifically identified as the "Kitchen," "Dining," ..and "Deck" areas located in the Kenai Golf Course Clubhouse and the "Pavilion" area as outlined on the attached Exhibit A, Is hereby ACI~qOWLEDGED .AND APPROVED, subject to the same terms and conditions as contained in the original lease above-described. This Consent is given by the City of Kenai without waiving any tight or action, or releasing the Sublessor from any liability or responsibility under the aforementioned Lease, and does not rdieve the Sublessee from the condition requiring the City's approval for any subsequent sublease or assignment. CITY OF KEN~ CONSENT TO SUB--SE Page I of 2 , i l./nda L. Snow, City Manager for the City of Kenai FROM ' BALDW I N~BUTLER, LLC PHONE NO. ' 987 2838435 Apr. 89 2882 11' 54AM P3 ST.ATE OF A~XSKA ) THIRD JUDICLM_, DISTRICT ) THIS IS TO CERTIFY that on this . day of _ . , 2002, before me personally appeared Linda L. Snow the M,-mager of the City of Kenai, known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary md authorized execution of the foregoing insmm'mnr on behalf of said Ci~. Notary Public For Alaska My CommisSion Expires: · , Kenai P~cordi~g District. Kenam to: C,TTY OF KF_MAI CONSENT TO SUBLEASE P~g~ 2 o£ 2 nal Municipal Airport Memo TO' From: Date: Subject: Linda Snow- City Manager Rebecca Cronkhite - Airport Manager ~~..~ April 3, 2002 Special Use Permit- Kenai Airport Fuel Services For your review is a SpedaJ Use Perr~ issued ~ Ka~ ,Nrport Fuel Savices alloying them to proceed with a Ground Water Treatment Plan (Intedm Remedial Action Plan Revision ~ ~d~ required by the Deparlment of Environmental Conserv~on. Airport C, on~~i~ ~ed approval at their March 14, 2002 meeting. Does the Council wish to approve the Special Use Pemfit to Kenai Airport Fuel Sewices? www. ci.kenai.ak, us. Draft SPECIAL USE PERMIT DATE: April 3, 2002 The CITY OF KENAI (hereinafter sometimes referred to as CITY), whose address is 210 Fidalgo Avenue, Suito 200, Konai, Alaska 99611-7794, for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: KENAI AIRPORT FUEL SERVICES 340 Airport Way #1 Kenai, AK 99611 hereinafter sometimes referred to as PERMITTEE the right to proceed with the Interim Remedial Action Plan Revision #1 as per attached. 1. Term: This special use permit shall be in effect on April 15, 2002, to April 15, 2003. The permit period may be extended by mutual consent of both parties. 2. Permit Fees: Waived 3. Rieht of Entry: April 15, 2002 4. Place and Time of Payments: WAIVED 5. Use: The use by the PERMITTEE of the premises described above is limited to the purposes specified heroin 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 (inCluding snow romoval) of the Promises and of adjacent and contiguous lands or facilities. 6. Insurance: The PERMITTEE shall not commence work until he has obtained the following insurance, which the PERMITTEE shall maintain throughout the life of this contract: A. Workmen's Compensation Insurance as required by the State of Alaska. B. Comprehensive General Liability Insurance, including limits as to bodily inju~ liability of $500.000 for each occurronco and $500,000 in aggrogate and, as to property damages liability of $100,000 for each occurrence and $100,000 in aggrogate. Insurance policies requirod by this paragraph shall name Lessee as Insured and the City as an additional insured. Such Kenai Airport Fuel Service April 3, 2002 Special Use Permit Page I of 4 Draft insurance shall be made effective prior to the beginning of operation of the premises. The City shall be named as an additional insured under said policies and certificates of insurance shall be filed with and approved by the Ci~ and shall, where possible, contain a waiver of subrogation against the City. Such insurance shall be by a company/corporation currently mtod "^-" or better by A.M. Best. The c~rtificates shall indicate that the policies will not be cancelled without thirty (30) days prior written notice to the City. The PERMITTEE shall indemnify and hold harmless from the City of Kenai and/or any of its officom and employees from any and all suits or claims for damages of any character whatsoever from injuries sustained by any person or persons or damage to property occurring in connection with operations under this contract. 7. Area Maintenance: The PERMITTEE shall be solely responsible for the maintenanc~ and upkeep of the ama, including snow removal and grass mowing. 8. Lo. ss or Dama.qe: The City of Kenai is not responsible for any loss or damage to the PERMITTEE's equipment, structures, or fencing. 9. Forbearance: Failure to insist upon a stdct compliance with the terms, conditions and requirements herein contained or referred to, shall not constitute or be construed as a waiver or relinquishment of the right to exercise such terms, conditions or requirements. 10. Re~_ulations: The exercise of the use granted herein is at all times to be subject to the regulations governing the Kenai Municipal Airport titled "Kenai Municipal Airport Regulations", issued in 1976 or any amendments thereto. By signing this permit, the PERMITTEE acknowledges that he has received a copy of said rogulations and has familiarized himself therewith and-will comply with the requirements of said regulations. 11. Solicitation: Solicitation of donations or the promotion or operatiOn of any part or kind of business or commercial enterprise not contemplated by this Special · Use Permit upon, in, or above airport lands without the written consent of the CITY, is prohibited. 12. Installation: The PERMITTEE is authorized to make modifications to the property as described in the attached Intorim Remedial Action Plan Revision #1; any deviations from the plan must be first approved by the Airport Manager and the City Enginoor..at tormination of the project all modifications, installation, and foncing will be removed and the property returned to its original state. The PERMITTEE will be billed for any restoration work roquired and not accomplished by the PERMIIIEE. Kenai Airport Fuel Service Apdl 3, 2002 Special Use Permit Page 2 of 4 Draft 13. Removal of Property: Any or all personal or real property placed or used upon lands or in facilities in violation of the proceding prohibitions may be romoved and/or impounded, such property may be redeemed by the owner thereof only upon payment to the CITY of the costs of removal plus storage charges of $25.00 per day. 14. Cancellation' CITY reserves the right to cancel this permit or to reassign PERMITTEE to a difforont location on 14 days written notice, either deliverod in person to the authorized representative named herein or his replacement or by mail to the address set out above. Any or all personal or real property shall be removed at users expense upon cancellation or termination of this agreement. PERMITTOR: CITY OF KENAI By: Linda L. Snow- City Manager PERMITTEE: KENAi AIRPORT FUEL SERVICES By: Name, President STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of April, 2002, LINDA L. SNOW, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said CITY. Notary Public in and for Alaska My Commission Expires: Kenai Airport Fuel Service Apdi 3, 2002 Special Use Permit Page 3 of 4 Draft STATE OF ALASKA THIRD JUDICIAL DISTRICT ) )ss ) THIS IS TO CERTIFY that on this day of April 2002, Name, President, Konai Airport Fuel Se~ices, pemonally known to me or having producod satisfa~ory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. ,, Notary Public in and for Alaska My Commission Expires: Kenai Airport Fuel Service April 3, 20O2 Special Use Permit Page 4 of 4 ~. ~ : . ~'". : ~ ~ i _.~ ~ t ' l ,-~ I/!\ !1 ,". ~ ~ ~ I ' ~ / i',~ / TONY KNOW~S, GOVERNOR ~ ~ ;' ~--' : ~. ..~ .I :~ ,~ ~I ~--~ ~ I~ i~ DEPT. OF ENVIRONMENTAL CONSERVATION/ 43335 K, BeaChsu~e 11 Road DIVISION OF SPILL PREVENTION AND RESPONSE / · R~ Diamond Center STOOGE TANK PROO~M / Soldo~a, Alaska 99669 KENAI AR~ OFFICE / Phone: (907)2~2-5210 Fax: (907) 2~2-2294 February 5, 2002 Mr. Dean Eichholz P.O. Box 1522 Soldotna, Alaska 99669 Mr. Dan Pitts 155 Smith Way Soldotna, Alaska 99669 RE: Kenai Alaska Fuel Service, Spill #90-23-00-268-01 UST Facility I.D. #2187 Interim Remedial Action Plan with Revision #1 -ADEC Conditional Approval Gentlemen: On November 28, 2001, 'the Kenai Area Office of the Alaska Department of Environmental Conservation (ADEC) received an Intedm Remedial Action Plan for the above referenced facility. On December 24, 2001, Revision #1 for this plan was submitted to this office. Rozak Engineedng submitted the workplan and ~ revision on your behalf. This workplan provides for the construction and operation of an air sparge trench and the installation of an additional downgmdient monitoring well (MW-9). This workplan is hereby approved, contingent upon compliance with the following conditions: e e The installation of an additional monitoring well to be located south of MW-6, between the Airport Ramp Access and the air sparging trench, centered in the middle of the GW contaminant plume. If this location is not possible, then it should be located south of the Airport Ramp Access, outside the automatic gate. This well will provide timely information on the effectiveness of this remediafion system. Air pressure relief standpipes should be spaced every 15'- 20' apart over the trench length and be constructed of 6" diameter solid pipe. These pipes should be installed into the top several inches of the ½"-2" rock, wrapped in the nonwoven silt stop. Referencing construction note ~t included in Figure 2, Revision #1 for this Kenai Airport Fuel Service 2 February 1,2002 Se workplan; in the trench containing the sparge/perforatecl pipe, place ½'- 2' drain rock on fabric to 1.0'-1.5' above GW, rather than the 0.5' proposed. Rationale, when the water table dses, the bottom of the air pressure relief standpipes must be above the surface of the water table in order to remain functional. Provide design information on the air blower and a maintenance and operation schedule for the system. Additional design/construction information is also required of the 2" HDPE sparge pipe. This plan information must be approved by ADEC pdor to installation. Soils shall be field screened for contamination during ddlling of the two new monitoring wells. These two wells and MW-7 should be sampled and analyzed for GRO, BTEX and EDB constituents, using test methods AK101 and 8260B or 8021B. If there are any questions regarding this approval or other aspects of your project, please f~el fr~ to call me at (907) 262-5210, extension ~v250. You may also con~ Monica English at (907) 262-5210, extension #229, as she will be assisting in the oversight of this project in the futur~. Sincerely, Sincerely, Monica T. English Environmental Sp~ialist Paul Horwath Environmental Engineer Ron Rozak, Rozak Engineering Jack LaShot, Engineer, City of Kenai ROZAK ENGINEERING P.O. Box 350 Kenai, Alaska 99 11 Civil, Construction & Environmental Consulting i (907) 283-5640 Fax (907) 283-0747 December 7, 2001 Mr. Paul Horwath, PE, Environmental Engineer Alaska Dept. of Environmental Conservation Division of Spill Prevention and Response, STP 43335 Kalifomsky Beach Rd, Suite 11 Soldotna, Alaska 99669 Subject: Kenai Airport Fuel Service, Interim Remedial Action Plan Revision # 1 UST Facility ID #2187, Reckey #90230026801 Dear Mr. Horwath: . At the direction of Dan Pitts and Dean Eichholz, the tbllowing revision to the interim action plan dated November 10, 2001 is submitted for your review and approval. The revision, shown in plan view on Figure 3 (attached), consists of excavating the area betxveen the existing culverts to groundwater to create an evaporation pond. It is anticipated that the pond will increase the volatilization of gasoline contaminants that are migrating off the subject property. The pond may also make it possible to evaluate the effectiveness of the sparge system by visually examining the distribution of air bubbles generated by the sparge line. The main component of the original remedial action plan consisted of installing 140 lineal feet of horizontal air sparge line to reduce the off-site migration of contaminants to cleanup levels. The proposed sparge line would be about 20 feet south of the Flying Network apron---about 10 feet up-slope of existing drainage swale. The flow line of.the swale aligns with a 30 inch diameter corrugated metal pipe (CMP) culvert on the west and a 24 inch CMP on the east. The layout of the proposed design is shown on Figure 1 (attached). The sparge line would be installed in a trench, about 1 1/2 feet below the ground water table, with drain rock placed above the pipe to the water surface. The trench cross section and construction notes for the original design are attached (Figure 2). The pond will be about 110-120 feit long, about 5-10' wide at the west and 20-25' wide at the east. The centerline of the pond will be excavated 4-5 feet. The sides around the pond will be sloped no steeper than 3H: 1V to minimize erosion and possible undercutting of the nearby pavement. New chain link fence will be added to the existing fence to restrict access to the pond. There will be a 3' wide access gate near monitor well MW-6. The added portion of the fence will be removed and the pond will be filled to the existing grades after the remedial action has been completed and approved by the department. Construction of the horizontal air sparge trench will be similar to the original design except there will be less backfill over the trench, the drain rock over the sparge line will be closer to the INTERIM REMEDIAL ACTION PLAN FOR KENAI AIRPORT FUEL SERVICE--REVISION #1 surface, the trench will be closer to the 30" CMP, and.~the deeper excavation for the pond may allow the sparge line to be installed deeper. Figure 4 is shows a typical cross section at the 30" CMP. The approximate location of the proposed sparge trench is shown We recommend excavating the pond and installing the trench as soon as weather permits and the water table drops within 0.5 foot of the seasonal low to allow for the deepest possible installation of the sparge line. We propose to monitor the water table monthly and schedule the installation as soon as the water table approaches the desired level. We estimate this will occur before April 15, 2002. Prepared by, Ronald T. Rozak, PE Consultant Attachments: Figure 1. Estimated Benzene Contours Reported April 2001 Figure 2. Section- Proposed'Air Sparging Trench .. Figure 3. Plan---Air Sparge Trench Figure 4 Section at Outlet of 30" CMP CC: Dan Pitts, Kenai Airport Fuel Service Jack LaShot, Kenai City Engineer ~ ee Iiiiee ~ee iiiie · eiiii ee iiiiiee eiiiiiee iiiii ee iiiiee iiliee iii · iiiii ee iiiiiee iiii I-'~ ~ ~',~ I z~ .I ............. I:~esodojd I e,ei .e I e ti lei eei ie ~ 9u.~ ~M~Jd ~, ~ , , ~, I sseooV dwell wodJ!V --- SI-IOULPE. K ?rtV~E. MF_Nt' AI&POKf F, AMP PRoFoS'£p , · A I/~ PIPE ~, I?T~CH . ! G~.2UdO~,,//~ 'rE/T, LF. VE.L ~,rro;~ o ;~ ..... "7:~' ~; ~ ;4 FENCE /~CI('FILL -- ,'40/41,,40¥ ~ .~ILt' ~r~P Y~'-2." 2" RDI~ 5pRa. PIPE IN:~IDE 2. ) l,sl~P /2." W/Off__ 51/.t 5top ,~IT~U,,'VD 2:" .,CC:/../. gO 'SP/~I~E t:'l?E, 6~l, lrgRg. O 0~1 3. ) I/'l$7'tl-L1. 5PAR6 ~ FIFE LEV~L t O. I ! l~'Ot'l'd~q 0 F t~lPg I, ~ t~/W. ~gLo~d ~J oV~. .,~~.~ ,/I'~,~,~. ?~'~ ~ ~ Il&" - Z" o~A,'~l ~lCl~ Om FAI~,~z ~ 7'0 0.$ ~ £X CA. V.41'g,D ~I L ; G,R,IJ-t)F_.. CAI , Rozak E~ineerin~ SEC T/ON - PROPOSED AIR SPARGING TRENCH Kenai Airport Fuel Service, Interim Corrective Action PLAIN - A II~ 5 PA K 6 E Tt~ EN C~ A~/O M I"-'- '-/-0 ' --I <C F_.XI 2TIH~i PROPO~-D ~ '<l ' Airp~rf. Al KFOR:'/' ,vn~ K IN 6 TEMPORAK¥ ~'amp Acce. ss FIGURE 0 0 o~ 'x // FROM : KHLT-KWF PHONE NO, : 90726054'12 Rpr. 11 206 4/11/02 VIA FACSIMILE Mayor Williams and members of the Council, I am writing to clarify a request for the City of Kcnai to come on board with a Memorandum of Understanding for water quality monitoring of the Kenai River. The letter mailed' out in Late February from the KRSMA board was intended to help the Forum garner more support. From the feedback I received, this is the wrong approach in some cases. Once you throw away that cover letter, the KRSMA board has nothing whatsoever to do with this document. Thc MOU is to support thc efforts for monitOring thc river that the Forum coordinates. I have tried to be very careful to inform the stakeholders in this study as it moves forward. I recognize that the City of Kenai is downstream and the cliche' of "stuff flows downhill" applies here and, when taken out of context reflects negatively on the furthest downstream community of Kenai. However, I do firmly believe that all stakeholders need to be informed and need to work together. What this MOU does is provide thc regulatory authorities with proof tha~ the stakeholders are participating in identifying if there is a legitimate concern with water quality (not quite there yet, but close). It also makes a strong case that we want to take a stab at fixing thc problem ourselves before ADEC and/or EPA attempt to fix it for us. Those agencies are not proposing to take any action now; however, it is a possibility somewhere down the road. The Forum is very interested in solving our own issues when we can and there is latitude in the regulations that allow cooperators to do this. It provides the Forum with the support needed to obtain funding to answer your questions using the highest level of science we can afford. The MOU does not obligate the City to the expenditure of funds or personnel. I believe we are on the fight track and I would hate to see the City of Kenai drop off of the following list of signers: · US Fish and Wildlife Service · US Forest Service · Alaska Department of Fish and Game Alaska Department of Environmental Conservation · Alaska Department of Natural Resources · Kenai Peninsula Borough (City of Kenai belongs here) · City of Soldoma · Cook Inlet Aquacultur~ Association · Kenai River Sportfishing Association · The Nature Conservancy of Alaska · Northern Testing Laboratories · Ken~ Watershed Forum FROH : KHLT-KL, JF PHONE NO. : 9072605412 F:lpr, 11 2002 I regret that I am out of town for tonight's meeting, but would be happy to answer any question that might arise at the next council meeting in the event that you are not comfortable signing the document at this time. Sincerely, Robert Ruffncr Executive Director Kcnai Watershed Forum CITY OF KENA! 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM: SUBJECT: DATE: LINDA SNOW, CITY MANAGER KEITH KORNELIS, PUBLIC WORKS MANAGER KENAI RIVER BASELINE WATER QUALITY MONITORING O4105/2002 When i first saw the Memorandum of Understanding, MOU, on the Kenai River Monitoring in the City Council packet it looked familiar. In 1997/98 the City Manager and Council asked me to participate in discussions on Kenai River water quality monitoring. The group was organized by The Nature Conservancy of Alaska. The group developed "Framework For Water Quality Monitoring of the Kenai River, November 1998". In March 1999 Rick Ross, City Manager, received a letter from The Nature Conservancy along with a "Statement Of Cooperation". After Cary Graves said it was OK, Ric, k had me sign the Statoment Of Cooperation. It appears that the "Memorandum of Understanding" is very similar to the "Statement of Cooperation". Besides attending many meetings, the City of Kenai has participated in this program by providing a boat and operator to take wator samples. We plan on continuing to help this program in this way. . KENAI RIVER ~ $lmoml Managemem Area "Working fogeftmr_tor the river" February 25, 2002 Dear Cooperator: Enclosed you will find the final revised version of a Memorandum of Understanding among local, state and federal agencies that have agreed to work in parmership to maintain regular water quality monitoring of the Kenai River and its associated watershed. A draft version of this document was distributed in the spnng of 2001 for comments from all partners. Based on those comments, the Kenai Watershed Forum has made some minor changes to the MOU and has partnered with the Kenai River Special Management Area AdvisoD' Board to redistribute the document for fin',ti signatures from the parties listed on the MOU. The only substantial change in this newest version comes from the federal agencies that require a 5-year review and renewal for any signed document. Thia Memorandum of Understanding doe~ not bind any agency or organization to the expenditure of fund~ or staff toward this effort. Rather, it demonstrates all of our good faith efforts to work together to sham data and provide resource~ when they are available. Specific M~morandum of Agreemcnt~ may be drawn up with certain individual organizadon~ and ag~ncie~ that reflect a mor~ firm commim~ent to the program. All such agreements will' I~ ~hared with all par~es to this understanding. Please sign and return the MOU as soon as possible to the following address: I~enai Watershed Forum PO Box 2937 Soldotna, AK 99669 Any questions should be directed to Robert Ruffner, Executive Director, Kenai W~r~hcd Forum, (907) 260-5449 or Ted W'ellman, President, Kenai River Special M~agcmcnt Area Advisory Board, (907) 257-5300. Sincerely, President Kenm River Special 'Management Area Advisory Board Kenat Ama Office, 5ox 1247, Soldotna, AK 99889. Soldotna 262.5581 Kenal Peninsula Borough, Box 850. Soldotn~ AK gg689, Solcloma 262.4441 ~ Oiv~lcm of Parka ~ OuMoor Ra<:matlon. Oel~'tmem of Natural Reemlmel, in ~o~mmtKm with the Kenal Penlnaula ~omugfl, MEMORANDUM OF ~'NDERSTANDING February 2002 BE'I%VEEN TI-rE KENAI PENINSULA BOROUGH U.S. FISH AND WILDLIFE SERVICE. KEN~ NATION,aL .WlLDL~ RE,GE U.S. FOREST SERVICE, CHUGACH NATIONAL FOREST ALASKA DEPARTMENT OF FISH AND GAME , ~ kLASKA DEPARTMENT OF NATURAL RESO~CES ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION CITY OF SOLDOTNA CITY OF KENAI COOK INLET AQUACULTURE AND NORT~~ TESTING LABORATORIES, INC. KEN~ RIVER SPORTFISHING ASSOCIATION INC. ~ NATURE CONSERVANCY, ALASKA CItAPTER ~AI WATEI:~~D FORIJM ' This Memorandum of Understanding bet~veen the above-listed parties, hereinafter referred to as Agencies/Organizations, reflects the general policy guidelines within ~vhich the Agencies/Organizations a~ee to operate in relation to the "Kenai River Baseline Water Quality. Monitoring Program", hereinafter referred to as the WQ Program. WHEREAS, Water quality monitoring was identified in the "Kenai River Comprehensive ,Management Plan" adopted December 1997 as an important component to management of the Kenai River and its health, and WHEREAS, The Nature Conservancy of Alaska in 1997, through Environmental Protection Agency funding, hired a facilitator to develop, along with interested agency/organization representatives, a framework to guide the establishment of a baseline water quality monitoring program, and WHE~AS, The "Framework for Water Quality Monitoring of the Kenai River" wa~ completed in November 1998, and M~tnorandum of Understanding l(~nat River Ba~line Water Quality. Monitoring Program Pag, i WHEREAS, The Nature Conservancy of AlaSka and the Kenai Watershed Forum began implementation of the Framework by obtaining a grant through the Alaska Department of Environmental Conservation for the Program and by working through representatives of the Agencies/Orgamzations listed above to collect water quality samples of 20 sites along the Kenai River, and WHEREAS, The City of Soldoma Wastewater Treatment Plant has donated services to assist in analysis of Kenai River water samples, and WHEREAS, Northern Testing Laboratories, Inc. has donated a 30% discount for the analysis of Kenai River water samples and technical assistance in the desi~ma and implementation of the monitoring prograrn, and WHEREAS, The Kenai National Wildlife Refu~e has a congressionally established legal purpose to protect the water qualit~ of the Refuge, and WHEREAS, Local, State and Federal Agencies, and non-governmental organizations party to this Memorandum of Understanding recognize the Kenai River to be important to the hmnan and ecological community Of the central Kenai Peninsula, and WHEREAS, There is a benefit to collecting baseline water quality information for improving the understanding of the Kenai River, and WHEREAS, There are benefits in coordinating efforts for the planning, collection, analysis, management, and presentation of baseline water quality data, and WHEREAS, It is important to ensure baseline water quality data are of a known quality for agency and community understanding of the current and fiamre conditions of the Kenai River. NOW, THEREFORE, FOLLOWS' THE PARTIES DO HEREBY AGREE AS 1. To work co-operatively to facilitate a long-term Baseline Water Quality Monitoring Program for the Kenai River. · M~morandum of ~f nderstandin g Kenai River Baseline Water Quali~ Monitoring Program 2. To support the collection and analysis of water samples from the Kenai River Baseline Water Quality sampling effort through funding, in-kind services or other mechanisms to the de~ee allowed by normal planning and buaget constraints, and to the extent allowable by applicable laws, regulations, and policies. 3. To provide for agency/organization representation [o meet at least twice annually to discuss the Baseline Water Quality. pro_re'am, dissemination of anal.vtical results, furore sampling effort coordination, funding, and the overall progress in implementing this Memorandum of U'nderstanding. (o acknowledge that this agreement does not: A. Limit agencies, local governments, tribes or organizations in the collection or use of data for purposes other t~an that of the cooperative effort; B. Obligate any party, in the expenditure of funds, contributions to monitoring, or providing staff support; C. Intend to conflict with federal, state, or local laws or regulations, with an underst~ding if there are conflicts, this agreement will be amended at the first oppommity to bring it into conformance with applicable laws. or regulations; and D. Intend to enlarge or diminish the responsibilities or statutory authority of any of the signatories or any other party over the management of water or its resources within the Kcnai River drainage. This MOU becomes effective and will remain in effect for five years from the date of signattu-e, at which time all parties will reevaluate the need and desire to enter into any subsequent understanding. Once all parties have signed and returned this MOU, each party will receive a copy the signatory pages: M~tnorandum of Understanding River Baseline ~ater Quality Monitoring Program o£4 Signature Page Signed Name Title Agency/Organization Printed Name Date SIGNATURE PAGE, INCLUDES- · Mayor, Kenai Peninsula Borough · RegiOnal Director, U.S. Fish and Wildlife Service, Kenai National Wildlife Refuge · Forest Supervisor, U'.S. Forest Service, Chugach National Forest · Commissioner, Alaska Dept. offish and Game · Commissioner, Alaska Dept. of Natural Resources · Commissioner. Alaska Dept. of Environmental Conservation · Mayor, City of Soldoma · Mayor, City of Kcnai · Chair, Kenai Watershed Forum · Director, Cook Inlet Aquaculture · President, Northern Testing Laboratories, Inc. · Director, The Nature Conservancy of Alaska M~mo randum of Understanding Kenai River Baseiine Water Quality Monitoring Program 0£4 April 20, 1999 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ Ms. Michelle Brown Kenai River Project Office P.O. Box 1868 Soldotna, AK 99669 Dear Ms. Brown' Subject: Framework for Water Quality Monitoring of the Kenai River Statement of Cooperation Mr. Richard Ross, City Manager, asked me to sign the enclosed Statement of Cooperation. The City of Kenai would like to thank you for all of the time and effort that you have spent on this. We are certainly willing to cooperate with other agencies in following the guidelines set out in this document. Thank you for including me in the group working on this document. Sincerely, Keith Kornelis Public Works Manager KK/jet FRAMEWORK FOR WATER QUALITY MONITORING OF THE KENAI RIVER -STATEMENT OF COOPERATION- This Statemem of Cooperation between the undersigned organizations outlines a general approach for monitoring baseline water quality within the Kenai River system. The undersigned organizations recognize: o The Kenai River is important to the human and ecological community of the central Kenai Peninsula; e There is an evolving understanding of the factors that contribute to maintaining the health of the fiver and the communities that depend upon it; . There is a benefit to collecting baseline water qualiW information for improving the understanding of the Kenai River; . In an era of shrinking budgets, there are benefits in coordinating efforts for the planning, collection, analysis, management, and presemation of baseline water quality data; The hydrologic system (mainstem, tributaries, wetlands, lakes, glaciers and ,estuary) is a complex set of imerrelationships which requires a phased approach in developing a more complete understanding of these relationships; and . The importance of ensuring baseline water quality data are of a known quality for agency and community understanding of the current and future conditions of the Kenai River. The undersigned organizations agree the basic considerations of a coordinated approach include: ,, The development of a Kenai River Water Quality Monitoring Framework to describe an approach to the systematic, long-term collection, analysis, management and dissemination of baseline water quality data of the Kenai River system; e A Monitoring Framework that is proactive, open to participation by all interested parties, adaptable to new information, evolves as knowledge of the fiver evolves and includes a process to evaluate and adjust, as appropriate, methods and data collection activities; o Recognition and coordination with other plans within the Kenai River watershed that address water quality; Framework forWater Quality. Monitoring of the Kenai River D-1 November 1998 , . . . . Collection of baseline water quality data that includes physical, chemical, biological, and narrative data that is representative of existing conditions, idemifies natural variability and serves as a benchmark from which to measure furore changes in water quality; A recognition that all data collected under the auspices of this agreement are public information. A recognition that the purpose of this cooperative effort is not in place of a regulatory agency, and that the appropriate agencies will recognize the validity of the information when a "red flag" is observed during sampling or analysis. The development of annual forum(s) for interested parties to: A. discuss similarities and differences in methods, protocols, currem water quality monitoring projects, etc.; B8 come to a common understanding of when there needs to be agreement, and when there does not need to be agreement, on the relationships among sampling and analysis methods, protocols, etc.; Ce combine training and education efforts; and De involve members of the public who are imerested in learning more about Kenai River water quality. A recognition that this agreement does not: limit agencies, local governments, tribes or organizations in the collection or use of data for purposes other than that of the cooperative effort; Be obligate any party in the expenditure of funds, contributions to monitoring, or providing staff support; intend to conflict with federal, state, or local laws or regulations, with an understanding if there are conflicts, this agreement will be amended at the first opportunity to bring it into conformance with conflicting laws or regulations; and De intend to enlarge or diminish the responsibilities or statutory authority of any of the signatories or any other party over the management of water or its resources within the Kenai River drainage. Framework forWater Quality. Monitoring of the Kenai River D-2 November 1998 SIGNATLU~ PAGE Sign'e~ Name Title AgencY/organization Printed Name Date Framework forWater Quality M/~zring of the Kenai River D-3 November 1998 Dear Kenai RiVer Special Management Area Advisory Boardmember;' [" R'ECEI,.., 907) 276-2584 · · '~ r ',-- "- ch oc~°~s"~ NI TRATI N ' Attached is a package consisting of a copy of the Kenai River Water Quality Monitoring Framework,. a final copy of the Statement of Cooperation, and a list of potential organizations to be included in signing the Statement of Cooperation. Les.Buchh01z with the Departmeht.of Environmental Conservation will be d/stributing this package'to those of_ · who on the KRSMA'.Board who represent one of the potential organizations on the list. Please ask the most appropriate person from your. organi?~tion, which may be you, to sign the attached-Statement of Cooperation and mail it back to me at the address below. Signing the Statement.is' the fir~ step in workirig.towards r~questin§ §ovcrnmcn~ allocation of funds to support the Framework and a Water Quality Monitoring Program for the Kcnai River. o Once again, I appreciate your tfelp in carrying this project fOrWard. I' will be away.from'my office until'March'24a but please contact' me with any. questions or comments you may have' reg ,arding the Framework and . Statement of Cooperation after that date. I will then begin working tO get representatives from the.organizations on the~list not present on the KRSMA board to also sign the Statement of Cooperation. Sincerely, . Michelle H. Brown ,. " Programs Manager Kenai River Project Office The Nature Conservancy of Alaska · P.O. Box 1868 ' ' Soldotna, AK 99669 Telefax: 907:262-6377, Email: mhbrown~alaska.net ·. recyt, led paper o . . mm ~ z II , KENAI CITY COUNCIL MEETING ------~MARCH 6, 2002 PAGE 10 He recently spoke to a contractor that finished a project in Kenai and complimented the helpfulness and professionalism of Bob Springer, the city's Building Official. He requested Snow pass those comments on to Mr. Springer. · During the afternoon, he observed city employees using a forklift to break ice off the streets. Bookey noted using the equipment in that manner was both unsafe and inappropriate. · Requested budget information be included in the next newsletter, i.e. public hearing dates, budget reserve concerns, etc. He added, he felt it was critical to get the public to participate in the formation of the budget. Swarn~r-- Noted the following: Forwarded a seminar brochure for designing newsletters to Attorney Graves for possible attendance. · Complimented Williams and Semmens for their informative radio presentation on the budget. Moore -- No comments. Porter -- Noted she attended a meeting regarding promotion of small businesses in the city and suggested it as a topic for the next council staff meeting. The meeting was scheduled for March 20 at 6:00 p.m. in the council chambers. Bannock -- MOTION: Councilman Bannock MOVED to place on the agenda of our next regularly scheduled meeting of March 20, 2002, an executive session with the city manager and city attorney to discuss objectives as set out in an earlier executive session. Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. Some concern was noted that the full council may not be present at the March 20 meeting and it was suggested the agenda could be changed at the meeting if needed. Jackman -- No comments. fiWilliams -- Noted the following items: · Referring to the KRSMA letter included in the council packet regarding a nal revised version of a Memorandum of Understanding {MOU) to maintain regular water, quality monitoring on,the Kenai River and its associated watershed, Williams stated his concern with the 'now, therefore" paragraph that referred to working KENAI CITY COUNCIL MEETING MARCH 6, 2002 PAGE 11 cooperatively to facilitate a long-term Baseline Water Quality Monitoring Program for the Kenai River, to support collection and analysis of water samples through funding, in-kind services, etc. Williams noted he would not sign the MOU unless council directs him to do so and asked Snow of conversations regarding the MOU, how it was arrived at, and.any issues regarding actions the city could be involved in below the bridge. Bookey agreed and added, he believed the next step would be the city's loss of control to the lower portion of the river. Snow stated she understood a draft of the agreement was provided to the council last spring and that Robert Ruffner spoke to council regarding water testing. She added, it was her understanding the city has been a partner, with respect to the water quality monitoring and testing, that had been done in the past. She added, after investigation of information forwarded to council previously to this regard, it would be council's decision whether to continue participating or not. Williams noted Ruffner's presentation to council indicated the City of Kenai and Cunningham Park area to be the most heavily contaminated part of the Kenai River. Bookey added, Ruffner indicated during his presentation that he was not asking for support or direction from the city, but making the city aware of what was taking place. Bookey stated he was not comfortable with going forward with any type of agreement at this time. Porter noted City Manager Snow had a follow-up meeting with Fish & Game on March 15 regarding the south side of the fiver (Snow noted it was a tentative date and would confmu with Porter). · Reported the 2 ! 20/02 letter from the Kenai Peninsula Tourism Marketing Council thanked the city for its contribution to the 2002 Peninsula Winter Games. · Referred to the Kenai Convention & Visitors Bureau letter reqUesting a donation toward the "Spirit of Alaska: The Inner Landscape" art show to take place from May-September. He noted, council donated $1,000 toward the effort last year, but funds were not included in the 2001-2002 Legislative budget for this purpose. Williams asked council if they wanted to participate with a donation. Bookey stated he didn't want to fund anything at this point and wanted to address the whole issue of the Visitors Center during the budget work sessions. There were no objections from council to delay discussion until the budget work sessions. · Referred to an article in the KCVB newsletter regarding bed tax and I statistics of other cities in and out of the state who do and use it to help fund their 'tourism efforts. ~_,XlgCIITIVIg 8~.,8~tlO1~I- None Scheduled KENAI CITY COUNCIL- REGULAR MEETING DECEMBER 5, 2001 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ht. tp://www, ci.kenai.ak.us MAYOR JOHN J. WILLIAMS, PRESIDING MINUTES ITEM A: CALL TO ORDER ,, Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-X. PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Williams, Bookey, and Swamer. Present were: Moore, Porter, Bannock, Jackman, A-3. AGENDA APPROVAL There were no changes to the agenda. MOTION: Councilwoman Swarner MOVED to approve the agenda as presented and Councilman Bookey 8ECOI~"DED the 'motion. There were no objections. $O ORDERED. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED to approve the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS Ii-1. Robert Ruffner -- Kenai River Water Quality Results uffner gave a presentation on preliminary data received through a Kenai River atershed Water Quality study prepared by the Kenai River Watershed Forum. He eported, in 1998 a framework for water quality monitoring was developed and in ~NAI CITY COUNCIL MEETING ~----~DECEMBER 5,2001 PAGE 2 1999, funding was received and the monitoring program began ':' Ruffner added, 13 entities were involved in the monitoring program partnership, including the cities of Kenai and Soldotna; 20 sites were monitored from Cooper Landing to Cook Inlet; the information was not meant to be regulatory; and he emphasized the information was preliminary. Ruffner stated it was important to know there are problems with seasonally high amounts of fecal coliforms and hydrocarbons, but it was not known what was causing the high amounts, and it warranted additional investigation. He also noted, the collection of information and study would continue for five years, however the immediate next step was to determine a timeframe when the amounts get high in order to see ff there are easy fixes and try to implement them. Ruffner added, because state standards were not being met, agencies would probably want to investigate the issue closer. Ruffner thanked the cities for being involved and stated he thought it was in the best interest of the city to stay involved. He added, when the agencies meet and begin discussing what to do in the Spring, he suggested the city have a presence. ) Bookey agreed the city should stay involved as the appearance of the hydrocarbons and coliforms in the lower river probably meant there were more problems upriver than downriver. Williams agreed and added, he didn't want the information to be used against the commercial fishing industry, the Cunningham Park program, or the coastal trail project. ITEM C: PUBLIC HEARII~GS Resolution No. 2001-91 -- Authoriz~g the City Manager to Enter Into a Restaurant Concession Agreement for the Kenai Municipal Airport. Councilwoman Porter MOVED to approve Resolution No. 2001-91 and Councilman Bannock SECONDED the motion. Llnda Petrey (LesSee} -- Petrey requested the contract be approved and entered into early in order for them to be open prior to the holidays. She noted, the current lessee, Schnelting, wanted to vacate the premises on December 11 and they wanted to start their contract on December 12. Swarner noted the monthly lease rate proposed by Petrey was $1,550 through December 31, 2006 and asked if Petrey felt they would be able to make that payment as other lessees had come to council requesting their payments be cut, which Swamer added, she would not support. Petrey stated they were confident they would be able to cover the costs of the lease payments. TO: FROM: DATE: RE: MEMORANDUM Mayor and Council Members Carol L. Freas, City Clerk City of Kenai April 5, 2002 Appeal of Planning & Zoning Commission Denial of PZ02-1 $ Variance Permit for an Oversized Sign at 9711 Kenai Spur Highway (KIV Township 06 North, Range 11, a port/on o.f Section 33 as described in Lease Agreement $$9 ~96} -- Challenger Learning Center of Alasko~ A letter of appeal was received on Friday, April 5, 2002 in the above-referenced matter. A copy is attached for your information. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty {30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-{10) and (b). Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. Please set a Board of Adjustment hearing for the above-referenced matter. The hearing date limit falls on Sunday, May 5, 2002 and then by code, extends to Monday, May 6. The next regular council meeting falling within the 30-day period is May 1. Certified notices must go to property owners wil)hin 300 feet "...at least ten (10) days prior to the hearing." Certified notices can be sent on April 19 and be within the ten- day period. **There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. clf Challenger LEARNING CENTER ° LAS April 4, 2002 Carol Freas, City Clerk City of Kenai 210 Fidaigo Avenue, Suite 200 Kenai, Alaska 996:L 1 RECEIVED · RE' PZ02-:[5 - Variance Permit - Oversize Sign - 9711 Kenai Spur Highway (KN Township 06 North, Range 11 - A portion of Section 33 as described in lease agreement 559 @ 796). Dear IVls. Freas; ! am appealing the decision of the Planning & Zoning Commission at their meeting on IVlarch 27th to deny our request for a variance. Please let us know when the Board of Adjustment has scheduled a hearing date. ! am also requesting that as part of the hearing, a site visit be scheduled to provide a visual inspection of the sign location and the right-of-way issues fronting the property. We appreciate the consideration of this request by the Board of Adjustment. Please let me know what ! need to do in this process. Thank you. az, t t/' ...' \ : ~ecutive Director / 9711 Kona~pur Hwy. Kenai, AK 99611 (907) 283-2000 Fax: 283-2279 email: gospace @ akchallenger, org Website: akchailenger, org P.O. Box 165 ...- ...................... Kasilof, Ak. 99610 Ph. 907 346-2955 ~ I 5 ~ ~ Fax 907 346-2955 ,. March 14, 2002 Dear Keith' I am writing this letter to you to ask for your help on the matter of the leases for the Kenai city dock. Since we won the lease for the city dock the fishing industry has plummeted and shows no signs of recovering in the near future. We have been able to make it but it has been tough and last season hit bottom losing money and wondering just how long we can hang on in this fishing industry. I just pray that we will be able to hold on and not be a casualty of the present situation we are in. When i look around and see ClP being bought out by Ocean Beauty, Inlet Salmon in chapter 11, and Pacific Star not going to operate this season, I know that it is not just R & J Seafood's that is having trouble but the whole industry is in trouble with not a lot of hope to look forward too. When we won the lease in 1999 the price to the fisherman was about $1.45 per pound for sockeye. In a the three years that I have leased the docks the price has fallen to about $.50 and the selling price follows that trend as well. As you can see it has dropped significantly and so has any profit that could be made. This makes it hard to pay for a service that is priced to high for the market. We need some relieve on the leases for this season. When we won the lease in 1999 the dock fee was. 10 per pound and now that price has been reduced by 25% to $ .075. i am sure the reason was to try and generate more business which I think it did and I feel that was the right thing to do. i am asking that you consider dropping the lease fee for the 2002 season on both docks by that same 25%. That would make dock fee for #2 $6,000.00 and dock #3, $11,475.00. I would recommend that you drop the base fee for the dock leases for both cranes for next season to a base asking price of $6000.00 per crane or make it on poundage of the fish that goes across the docks. We have added the fee of the fenced yard which I felt was needed to meet the needs of my fisherman. Also I believe it shows that I am serious and would like to continue on in this business. We would like to lease the docks and the yard again next year when my current lease expires but ! feel that the leases have to come in line with industry it is serving. We need to have the fees come down for us to be able to stay in business. I would like to continue buying fish in Cook Inlet and try and do my part to help with the local economy. Please give this request careful consideration. Thank you for your time, I will anxiously be awaiting your reply. Thank You, Raffdy Meier CITY OF KENAI "0il Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM.. Mayor and City Council Linda L. Snow, City Manager DATE: April 11, 2002 RE · Local Improvement District--Pillars Subdivision On March 8, 2002, the City received the attached petition requesting than an assessment district be formed for the purpose of paving two streets in the Pillars Subdivision, Chinook Drive and Sockeye Circle. On March 20~, the City Clerk informed the Council by memorandum that this petition was received and forwarded to the City Manager. The Clerk also provided you with a copy of KMC 16.05 and 16.10 describing the general provisions and procedures involved in this process. As you know, KMC 16.05.030 requires that the petition be signed by the owners of fifty percent or more of the properties benefiting by the proposed improvement. There are 22 properties involved, and 17 of the owners signed the petition. The cost percentage proposed for this assessment district is 25% of the LID project costs. This is the same percentage designated in attached Resolution No. 92-26. However, Council may wish to consider revising the percentage cost allocation. Council may also wish to further discuss the allocation of Municipal Matching Grant Funds, since there are many more street improvement project areas in the community than there is. available grant money to fund them. Also attached is the preliminary project cost estimate and the preliminary assessment roll based on the square footage of each lot. Financing of the project is proposed as follows: Municipal Matching Grants Program (70%) Property Owner's Assessments (25%) General Fund Contribution (5%) Total Estimated Costs $137,200 9,800 $196,000 49,000 Memorandum to Mayor and Council April 11, 2002 Page 2 Actual project costs will be assessed after completion of the project. The administration agrees with the scope of the improvements to include grading and backfill, drainage, paving, topsoil and seeding, and signage. The property owners did not request curbs and gutters. More than half of the lots included in this LID do not have residential structures on them; however, the lots are all over one acre in size and are valued commensurately. Paving in this LID will result in reduced road maintenance and dust control costs. Also attached for your review is a memorandum from Keith Komelis, which contains information for the required public hearing. If Council wishes to proceed further with the proposed LID project, a resolution to set the public hearing date can be prepared and presented to Council at the regular meeting of May 1 ~ or May 15~'. Attachments Soecial Assessment Petition We, the undersigned properW owners, desire the City of Kenai to establish an assessment district in the following area: That portion of Chinook Dr. north of Silver Salmon and Sockeye Circle. (See attached Highlighted Map) Requested improvement: To pave the two named streets. Contact Person: Tom Moore can be reached at: 283-9268 or 252-2494 RECEiVEO KENAI CIIY CLERK Proposed Paving Land Owners of Chinook Dr. & Sockeye Cir. Oberts Pillars Subdivision Part 1 & 2 in favor of paving. Street Address of Benefited Property 1350 Chinook Dr. 1340 Chinook Dr. Borough Parcel Number 4937112 4937113 Property. Owner's Name Patricia Rosillo Bernard Kline 1330 Chinook Dr. 1320 Chinook Dr. 1310 Chinook Dr. 1260 Chinook Dr. 1250 Chinook Dr. 1240 Chinook Dr. ! 230 Chinook Dr. 1220 Chinook Dr. 1210 Chinook Dr. 1205 Chinook Dr. 1215 Chinook Dr. 1225 Chinook Dr. 1235 Chinook Dr. 1245 Chinook Dr. 1315 Chinook Dr. 1331 Chinook Dr. 1335 Chinook Dr. 1345 Chinook Dr. 4715 Sockeye Circle 4705 Sockeye Circle 4937114 493 7115 4937116 4937117 4937118 4937123 4937124 4937125 4937126 4937127 4937128 4937129 4.937130 4937119 49371.20 4937133 4937134 4937135 4937132. 4937131 Chuck KoPp Bruce Richards Doug Brown Ron Lazenby Chris Myers Shawn Hutchings Pat Zurfluh Tom Moore LTO Partnership LTO Partnership LTO Partnership Jeanette Wykis James Baisden Jana Whitmore Silverio Mattero LTO Partnership LTO Partnership LTO Partnership LTO Parmership LTO Parmership Property Owner's Signature Suggested by' Finance City of Kenai RESOLUTION NO. 92-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A GENERAL POLICY REGARDING COSTS TO BE ASSESSED TO BENEFITED PROPERTIES IN SPECIAL ASSESSMENT DISTRICTS. WHEREAS, by KMC 16.10. 070, the City Council has the authority to determine the percentage of costs to be assessed in special assessment districts; and WHEREAS, reduced State financing for public improvement projects makes it necessary that more costs be assessed to benefited properties; and WHEREAS, citizens desiring to form assessment districts have a need to know in advance of the petitioning process the portion of the project that is likely to be assessed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1- The policy of the City Council regarding percentages of costs to be assessed in special assessment districts is a general rule. It is meant to inform the City administration and citizens of a usual rule to be followed, and it applies to all types of improvements. The Council reserves the right to apply percentages different from tho~e that follow based upon unique characteristics of each project. It is not implied that the Council must form an assessment district with each project. The policy is subject to all State, City Charter, and City Municipal Code requirements and restrictions. Section 2: In developed areas that include numerous property owners, each benefiting somewhat equally, the assessment rate will be · 25% of all eligible costs. The Council intends that all eligible costs include the entire project costs defined by KMC 16.05.090. Section 3' In partially developed or undeveloped areas that include one or a small number of property owners, the assessment rate will be 100% of all eligible costs. This is the rate that will apply in situations where the owner or owners are essentially acting as developers, with the intent of marketing and profiting from the developed land. The owners may have to waive the limitations placed on assessments, as provided by KMC 16.05.010(b) and Section 7-3 of the City Charter. In addition, the City may require cash or other assets to be advanced or pledged to the City as security that the assessments will be paid. Generally, the unsecured portion of the assessments should not exceed 30% of the cost of the improvements. The City may require that the owner or owners enter into a contractual relationship with the City to ensure payment of the assessments. Resolution No. 92-26 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of May, 1992. ATTEST: yHN/WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: C ~ (4/22/92) kl 1791 - 1991 CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 TO' Kenai City Council FROM: DATE: Charles A. Brown, Finance Director April 23, 1992 ~ SUBJECT: Resolution No. 92-26 On November 19, 1991, the City Manager and I wrote to the Council regarding establishment of the Set Net Drive special assessment district. In that memo, we said- On a final note, the Administration believes that the City Council should review its assessment policy. Assessments at 12% of paving costs, which are often about 9% of project costs, are low. A more realistic percentage wo~ld probably be 25% of total project costs for all such improvements, including roads, water and sewer. Perhaps after the Set Net Drive percentage is established, Council may desire to address this issue. It may be easier to arrive at a fair, objective rate if no specific district is being considered at the time. Recently, a homeowner has started a petition t© form a paving assessment district in the area of Evergreen, Haller, McKinley, North Gill, Second Avenue, Third Avenue, Fourth Avenue, Jefferson, and Eadies Way. Jack LaShot and I assisted this individual with maps, access to property tax records, information about how an assessment district is formed, and estimated project costs. I informed this individual that the City Manager and I would be very reluctant to recommend formation of this assessment district unless the property owners were willing to pay at least 25% of costs. I said this based upon the above memo that we issued, and I was clear that Council had not yet set this as a policy. Subsequently, the individual did include the 25% assessment language in her petition. Memorandum Kenai City Council April 23, 1992 Page Two Now is the time for Council to act. The attached resolution is designed to be somewhat flexible, while still giving direction to property owners. It treats all assessments the same, whether they are for paving, gravel roads, water, or sewer. It distinguishes between developed areas and those areas being developed for profit. In the case of developers, it allows for security to help prevent a repeat of Inlet Woods. It also allows Council to provide-improvements without assessments if it desires. PILLARS LID CHINOOK DRIVE & SOCKEYE CIRCLE PRELIMINARY COST ESTIMATE 4/4~02 KK Units Est. Quantity Unit Price Total Removal of Pavement LS 1 500 500 Borrow, Type A CY 300 10 3,000 Crushed Aggregate' CY 1,200 17 20,400 AC Pavement SY 6,800 9 61,200 Standard Signs LS 1 500 500 Seeding LF 2173 2.5 5,433 Water for Seeding M-GAL ~ 163 20 3,260 Topsoil SY 4,800 3 14,400 Drainage Im provera ents LS I 7,000 7,000 Driveways (Pave app./culvert) LS 1 10,000 10,000 Mob. & Demob. LS 1 4,000 4,000 Construction Survey LS 1 4,000 4,000 Miscellaneous Grading LS I 4,000 4,000 Basic Bid137,693 Contingency (20%) 27,539 Basic Bid Plus Cont. 165,231 BASIC ESTIMATE Adm in istration 3,000 3,000 Engineering Design (10%) 16,523 16,500 Inspection (7%) 11,566 11,500 Construction 165,231 165,000 TOTAL 196,000 196,320 Prepared by Keith Komelis 04/10/2002 Page 1 ' PRELIMINARY ASSESSMENT ROLL ..... ... , , , PILLARS LID Chinook Drive & Sockeye Circle 1 I i Below c__c,~s are _esfim__~e~__ - final cost will be based on the actual cost of the project. . Properties to be e_s_s_s_s_s_s_s_s_s~___,~<l: KN0950032 TOSN R10W S07 SU~ PART ONE Lots 1-7 &16 & 17 KN0970031 T05N R10W S07 SUB PART TWO Lots 8-15 & 18-22 i i OWNER Lot ,ACRE Square Feet °,/0 of Total 100 % of Cost Est.$Assessed R~siilo 1 ' 1.141 49,658 0.032113! 6,294 1 ,,~i4 Kline 2 1.48i 64,469 0.041690 i 8,171 2,043 Ko~p 3 1.291 56,192 0.036338 i 7,122 1,781 Richards 4 1.35i 58,806 0.038028i 7,454 .1,863 Brown 5 1.38~ 60,113 0.038873 i 7,619 1,905 L~. by --~6" 3.83: 166,835 0.107887! 21,146 5,286 Myers 7 1.61 70,132 0.045352! 8,889 2,222 Hutchings 8 1.40 60,984 0.0394371 7,730 1,932 Zurfluh 9 1.41 61,420 0.039718i 7,785 1,946 i M0or_. e 10 '1.40 60,984 0.039437 i 7,730 1,932 LT0 11 2.15 93,654 0.060563i .. . ~1,870 . .2,968 LTO 12 "1.34 58,370 0.037746i 7,398 1,850 LTO 13 1.32 57,499 0.0371831 7,288 1,822 Wykis 14 1.41 61,420 0.039718i . 7,785I 1,.946. Baisden 15 1.36 59,242 0.038310 i 7,509 ! ' '1,8/../ Whitmore 16 1.12 48,787 0.031549i ..6,~84 ~,546. Uattero 17 1.37 59,677 0.038592 i 7,564 1,891 LTO 18 1.97 85,813 0.0554931 lo,ez7 2,719 LTO 19' 2.27 98,881 0.063944 i 12,533 3,133 LTO 2'0 1.98 86,249 0.055775 i 10,932 2,733 t TOTAL 35.50 1,546,380 1.(XXX)00i 196,000 49,000 Muni Match Grant (70%) 137,200 Ge.era~ Fund (5%) ' ' ' Property Owners (25%) 49,000 t . TOTAL 196,000... · No Assessment can be higher than 25% of fair market value including benefit of work. (Below is KPB) , ROSsillo I 35,000 0 35,0(X) I 8,750 1,574 Kline 2 48,500 165,300 213,800! 53,450. 2,043 K0Pp 3 46,500 220,700 267,200! 66,800 1,781 Richards 4 41,000 0 41,000 I 10,250 1,863 Brown 5 47,500 189,000 " 236,500 i 59,125 1,905 Laze. by S 68,200 ,, 2~8,000 336,200! ~4, ,050 5,2a6 Mye~ 7 54,200 2SS,400 339,600 ~ 84,90O 2,222 . Hutchings 8 51,500 291,500 343,000 i 85,750 1,932 Zurfluh 9 51,5(X) .. 133,100 184,600i .46,150 1,946 Moore 10 51,500 163,700 215,200 [ 53,800 1,932 'LTO 11 " 55,0(X) 0 55,000 i 13,750 2,968 LTO ' 12 12,000 0 12,000 i 3,000 1,850 iLTO 13 12,000 0 12,000! 3,000 1,822 wyk~ ~ ~2,000 0 ~2,000 ! 3,000 ~,946 Baisden ~ 5 ~2,000 0 ~2,000 I 3,000 1,877 Whitmore 16 ~8,000 194,800 212,800 i 53~00 1,546 Mattero 17 18,500 204,700 223,200 i 55,800 1,891 LTO 18 12,500 0 12,500 i 3,125 2,719 LTO ~g ~3,000 0 ~3,000 t 3,250 3,133 LTO 20 12,500 . 0 12,500i 3,125 2,733 LTO 21 12,000 0 12,0001 3,000 2,084 LTO 22 ~,200 0 ~,200 ! 2,S00 ~,946 IMPROVEMENTS: , , ' Grading & Backfill; Drainage; PavingiTopsoii & Seeding; Signage Prepar~ by Keith K0melis 04/11/2002 Page I MEMORANDUM INFORMATION FOR~ PUBLIC HEARING TO: Carol L. Freas, City Clerk Larry Semmens, City Finance Director FROM: Keith Komelis DATE: April 3, 2002 PILLARS LiD Chinook Drive & Sockeye Circle The following information is for the Notice of Public Hearing as per our KMC 16.10.04: SUMMARY OF THE IMPROVEMENTS This project is to provide road and drainage improvemems to Chinook Drive and Sockeye Circle. The improvements include engineering design and inspection, grading and backfill, leveling course, asphalt paving, topsoil and seeding, and sigr~e. DESIGNATION OF THE PROPERTIES TO BE ASSESSED Attached is "Chinook Drive and Sockeye Circle- Local Improvemem District ~ 2002". This is for the Pillars LID. It designates the property owners name, KPB assessmem parcel #, size of the lot, assessed value of the land and structure, and both the physical street and the legal address. PURPOSE. OF THE PUBLIC HEARING The public hearing is to determine the necessity for the proposed local improvemem district, LID. The City Council will hear all interested persons favoring or opposing the LID and shall consider all written objections filed. TIME AND PLACE FOR PUBLIC HEARING II I I The public hearing is going to be on . at at the Kenai City Council Chambers. WHERE TO FIND THE PRELIM~~Y ASSESSMENT ROLL i The preliminary assessment roll is on file with the City Clerk. M, ANNER AND METHOD OF,MAKING WRITTEN PROTEST OR OBJECTION Objections to the LID plan may be filed in writing with the City Clerk until, but not on, the date of the public hearing. The City Clerk shall present to Council at the time of thc heahng, all objections filed in writing. Page 1 of 1 CITY OF KENAI "Oil Capital of Alaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: Mayor and Council Linda L. Snow, City"'~'lanager DATE: April 10, 2002 Police Chief Recruitment and Selection Regretfully, I have accepted the resignation of Police Chief Dan Morris, effective May 31, 2002. His contributions, cbmmitment, dedication and loyalty to the City of Kenai will be sorely missed. ' Chief Moms and I met on Friday, April 5~ to discuss the process of selecting a new Chief, and we have each discussed the matter with Lt. Chuck Kopp who has agreed to serve as Acting Chief beginning June 1 ~', in the event a new Chief has either not been hired or is not able to start work by June 1 s,. To assist me with the hiring process, I have asked for and received agreement for advisory .committee participation from Larry Semmens, Finance Director, Ewa Jankowska, Library Director, Scott Walden, Fire Chief, and Vice Mayor Linda Swamer. I'm hoping to schedule the first committee meeting very soon to review draft advertisements and to discuss other related process matters. I will certainly keep Council informed about the process,' and please do not hesitate to contact me if you have comments or wish to discuss this in more detail. CITY OF KENAI "Oil Capital of Alaska' 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO- FROM. · Mayor and Council Linda L. Snow, City Manager DATE: April 12, 2002 RE e · Personal Use Fishery-South Side of the Kenai River As requested at the previous City Council meeting, information on the program elements planned to better control this season's Personal Use fishery on the south side of the River was provided to you in the attached email dated April 4~. As noted in the email and it's draft letter attachment, we are proposing to charge a fee and incur some expenses as part of implementing and maintaining the program. Some of the expenses will be reimbursable from the grant mentioned in the email, some will be recovered from fees, and the rest may be obtained from the Department ofFish & Game or other sources. Since the Administration will need to begin set up and implementatiOn activities soon, we would appreciate Council discussion of this matter. From: Linda Snow Sent: Thursday, April 04, :2002 4:57 PM To: John J. Williams (E-mail); James C. Bookey III (E;mail); Linda Swarner; Duane Bannock (E-mail); Joe Moore (E-mail); Pat Porter (E-mail); Amy Jackman (E-mail) Subject: Personal Use Fishery Mayor Williams and Council Members: As requested at last night's council meeting, please find enclosed a draft letter which requests financial assistance to implement the elements of a plan to better control the personal use fishery activities on the south side of the fiver. The plan elements are similar to those we have implemented on the north side. It is my intention to send a version of this letter to other possible funding sources. I would love to get this letter sent out by next Tuesday at the latest, so please feel free to give me a call or email me with any suggestions you may have. Thanks much. What isn't mentioned in the draft letter is that we will also be receiving $10,000 in reimbursable Coastal Impact Assistance Program (CIAP) grant funds and the seasonal use of an ATV awarded through the Kenai Peninsula Borough for "Dip Net Education & Enforcement" activities. We requested those funds specifically for enforcement personnel overtime, signage, and fencing. DF&Gpufishltr.doc Linda L. Snow, City Manager City of Kenai DRAFT April 2, 2002 Robert Clark, SC Regional Supervisor Department ofFish & Game Division of Sport Fish 333 Raspberry Road Anchorage, AK 99518-1599 Dear Mr. Clark: Thank you for meeting with us by telephone conference on January 17th and March 15th to work cooperatively in trying to resolve environmental issues related to the personal use (PU) fishery on the south side of the Kenai River. While it has taken quite a bit of problem identification and brainstorming for potential solutions, it appears that we have reached a reasonable and cost effective plan for implementation this season. Therefore, as we discussed, I am writing to describe the plan and to request financial support from the Department for implementation of those plan elements for which the Department is willing and able t° provide some funding assistance. In parmership with the Department and other entities, as you know, the City has been able to create and implement a plan for controlling the environmental and social problems resulting from increased participation of the PU fishery on the north side of the Kenai River~primarily because there is road access leading directly to a parking lot (where a user fee is charged) which is located only about 0.3 miles from the PU fishery beach site. This means that a vehicle can access the beach briefly to unload and load, then return to the parking lot or the road. On the south side, unfortunately, there is road access leading to 1.15 miles of beach access to the PU fishery. As a result, it has been extremely difficult (in some cases, impossible) to provide the south side with portable toilet and other sanitation services, parking areas, public safety enforcement, and informational and pay kiosks. To mitigate and perhaps resolve the south side environmental and social problems this season, we plan to place signage from the two south side beach access areas alerting fishers to a "fee area ahead." The signage is intended to guide folks to an "iron ranger" fee station, parking area, and portable toilets located on the beach within easy walking distance to the fishery beach site. The City will revise and issue informational cards about the PU fishery, facilities, and important information such as the "pack it in, pack it out" campaign for litter control. The City will also provide part-time public safety and other personnel to monitor activities, collect fees, provide guidance and information, and to report any dangerous or illegal activities. The cost of implementing this plan for the first year is estimated to be about $26,500 broken down as follows' portable toilet service, $8,500; iron ranger construction/installation, $700; fee envelopes, $800; personnel, $10,500; signs, posts, and fencing, $6,000 By implementing the Robert Clark April 2, 2002 Page 2 same fee structure as we have in place on the north side ($5.00/day), we hope that south side revenue will recover $20,000 of the total expenses. The City would very much appreciate any additional enforcement personnel which may be provided by the Department, as well as any funding which might be provided to offset the difference of $6,000 between the estimated expenses and revenue. We are anxious to confirm the implementation plans for this year, so we hope to hear from you at the earliest opportunity. In addition, we look forward to the site visit you suggested might occur this Spring in order to look at and discuss the feasibility of establishing a new access trail to the south side PU fishery site. Please let us hear from you about potential dates for your visit, as we would like to meet and perhaps join you in the site visit. Sincerely, CITY OF KENAI Linda L. Snow City Manager Cc: Lance Trasky, ADF&G, Div. Of Habitat & Restoration Enclosure MEMORANDUM To: From: Date' Subject: Linda Snow, City Manager Larry Semmens, Finance Director/~ April 10, 2002 Finance Department Activity Report The major emphasis in Finance is completion of the budget document. As this is finalized we will begin working on a banking services RFP. We should be getting insurance quotes by middle of May. I am expecting competitive quotes from the two municipal pools: our current carrier- Alaska Public Entities Insurance, and the AML Joint Insurance Association. I am planning to have a resolution on the May 1 agenda to modify our ICMA 457 Plan document to allow individuals to borrow a portion of their deforred compensation balance. A memo will be in the packet to explain the details. The new server is online. We have had some problems, like wiring and web page functionality, that we are dealing with as they come up. I will be attending a users conference for our financial accounting system at the end of April where I will be a speaker. My topic will be 'Downloading Financial Information from the AS400 to Your PC'. On the way back I will get one day of the Alaska Finance Officers Association conference in Wasilla. Cary Graves and I will be presenting our process for collecting traffic fines through the permanent fund dividend program. Robin Feltman is president of the Alaska Finance Officers Association so she will be attending the conference also. City Council Report For April 17, 2002 K®ith Kornelis, Public Works Mana_~er Junk Vehicles' I have been working with the Kenai Peninsula Borough, KPB, in setting up a new'disposal program. Unfortunately, they will not administer the same program. KPB faxed an outline of their position. Please refer to my memo to Linda Snow and the attached KPB fax. My memo gives a rough cost estimate of $386 for the city to dispose of each vehicle. I think this is a great program, but it is also very time consuming. Also, the KPB says they will only take 20 vehicles through June 30, 2003. Kenai Coastal Trail' Linda and I met with the Corps of Engineers Project Manager and Planner. Perat~'°vich, Nottingham & Drage, PND was connected by telephone. The Corps will try to continue using PND but them are some problems. The agency's major concem is- the amount of fill being used on the project. The Corps will develop a scope of work and they will include the city in any future discussions and meetings on this project. PND's letter of April 8 "Response to Agency Permitting Concerns" was discussed. Pillars LID' I have completed and submitted the public hearing information, preliminary assessment roll, and cost estimate along with drawings and an owner information sheet. New Well House 4: We have a signed amendment with the engineer and a change order with the Contractor to drill the exploratory well. The contractor should be ready to start drilling next week. City has partial project funds and applied for additional funds. Wastewater Facility Plan (WWFP): We are about 50% complete on the study. I have the 35% draft copy in my office if anyone wants to look at it. Brid.qe Access Road W & S Feasibility Study: Request for Proposals, RFP, are due to the city on April 22. This is paid for by grants. Hopefully it will tie into the new well. Gill Street Water Main Crossin_~ S=ur: Dept. of Transportation, DOT, is working on the record drawings. We still need Department of Environmental Conservation, DEC, approval. Ken. ai Youth .F..a.c. ili..ty: The subcontractor has started work. I have been working with Department of Natural Resource, DNR, concerning Right of Way issues on Marathon Road. Boatin; Facility: R & J Seafoods requested the city lower its dock leases to $6,000 each. The present lease rates are $8,200 (#2) and $15,300 (#3). Their request letter was discussed at the Harbor Commission on April 8. Harbor Commission's recommendation to city council is to support the existing lease. Both of the leases expire October 2002. Councilman BOokey was at the meeting and can give more details about the meeting. Safety: I am working on the annual city safety audits for all city facilities. We are continuing with Commercial Drivers License, CDL, drug and alcohol training. Kenai River Baseline Water Quality Monitoring: The city is helping with this program by taking water samples. See my memo to Linda about the recent "Memorandum of n " Understandi g, MOU, and the 1998 ~Statement of Cooperation". Also see Anchorage Daily News article dated April 10, 2002. Flatbed Truck:. This Flatbed truck is out for bid with the bid date being April 24, 2002 Grader: A purchase order was submitted with a list of options for the grader. W & S; The new stream generator is working gmat. Waiting on DEC to close out of exploratory well at Swims & Lawton. Working on changes to Kenai Municipal Code, KMC- Water & Sewer with rate study. Back wash wells, Fire hydrant repairs. Streets;. Plow, broom, wing back snow and sand streets and airport. Sign work. Scrape ice pack. Steam drains open. Work on airport lighting. Start the sweeping program. Sewer Treatment Plant~ ST, p Working on our grease & basin waste disposal problem with KPB. Daily lab, fecal, Biological Oxygen Demand, BOD, press sludge, dump run, pH stabilization, pump chemicals, oil & grease equipment. CITY OF KENAI "0il Capital of Alaska" 210 FIDALGO AVE.. SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 Memorandum TO: Linda Snow, City Manager FROM: Keith Kornelis, Public Works Manager DATE: April 10, 2002 SUBJECT: Junk Vehicles I have been working with the Kenai Peninsula Borough to develop another junk vehicle disposal program. I was optimistic at first, but on April 3, 2002, I received the attached fax outlining their position. They want very minimal involvement. They would allow the City to dispose of only 20 vehicles through June 30, 2003. o Below is a rough cost estimate for the City to pick up a junk vehicle, haul it to the Shop, remove all of the fluids, and to haul the vehicle for disposal at the Kenai Peninsula Borough Landfill in Soldotna. Two equipment operators 1 2 hrs. x 2 x $29/hr. i $116 Dump truck , 2 hrs x $40/hr.I $80 Loader 1 hr. x $75/hr. $75 Mechanic to empty fluids 2 hrs x $30/hr. $60 Anti-freeZe disposal '5 gal. x $5/gai. $25 PetroleUm base disposal 10 gal. x $3/gal. $30 " TOTAL COST I $386 The cost can vary a lot depending on where the vehicle is and what fluids and trash are in the vehicle. Them is also a considerable amount of administrative time and effort on disposing some vehicles. Public Works Administration, Planning, Building Official, Legal, and Police Departments are involved. Vehicle VI N numbers need to be checked, police review for stolen and missing vehicles need to be checked, vehicle ownership issues need to be reviewed (and sometimes adverl;.ising is required) and real and personal property damage liability issues need to be addressed. A clear title is often not available. KK/jet Cathcnne Mayer, Solid Waste Director Solid Wasla Department 47140 East Poppy Lane Soldo{na, Alaska 99669 Phone: 907-262-9657 Fa=: 907-262-6090 1'o: Keith Komelis, Public Works Director Fram: Cathy Mayer, Solid Waste Direc~r iii Fax: Pages: 1 , i, , ,i , i Phone: 283-4529 Date= 4/3/02 _ Re: Junk Vehicle Disposal CC= N/A The Kenai Peninsula Borough conducted a successful junk vehicle collection program during 2001. ~q~proximately $80,000 was expended with over 470 vehicles recycled and miscellaneous junk/debris disposed. The City of Kenai has requested that a "limited" program similar to last year's efforts be offored again this year. The City would like to deliver vehicles to the Central Peninsula Landfill and have the Borough be responsible for preparing (remove fuel, oil, batteries, tiros, etc.), crushing, transporting and recycling the vehicles. Recently, a significant downturn of the metals market has occurred, In fact, many junk vehicle businesses are not currently accepting c~m. Vehicles that am transported to market are facing high preparation and transport costs. This market downturn has even affected solid wasto/landfill operations, since the borough has to stockpile vehicles that we have not been able to market. Unfortunately, the Borough will not be able to manage the City's vehicles as requestc~i. However, we can offor an altomative for this year to a~ist with your on- going community clean up efforts. If requested by the City of Kenai (or other City), the Borough would consider a~a:epting.., up to 20 iunk vehicles through June 30, 2003. The disposer would be responsible for s_upplying titles, preparing vehicles (removing fuel~ oil, batteries, etc..). and deliven/to the landfill. The Borough would waive the landfill disposal foe of $1 O/vehicle and would pay a contractor to crush and transport the vel~icles to market (e~timat~ cost of $67 to $100 per vehicle). Please contact me if you need additional information. CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ MEMORANDUM TO: FROM' DATE: SUBJECT: Linda Snow, City Manager Jack La Shot, Public Works Manager~~C. April 11, 2002 Department report for Council meeting of April 17, 2002 · Everyone who attended the Comprehensive Plan Community Workshop should have received a Synopsis of Workshop Ideas. The consultants w~ll attend the 'May 8th Planning and Zoning meeting to present Chapters three and four of the Comprehensive Plan. A work session will immediately follow the meeting. The Building Official will be on vacation beginning April 15th until May 13th. Arrangements am made to do commercial construction plan review and inspections with the assistance of a consultant and our City Fire Marshall. I will handle residential inspections and plan review. Attached is a list of current bid information for Public Works projects and equipment purchases. We will update this list each month for inclusion in this report. Z Z UJ (J nal Municipal Airport New Federal Aviation Security Regulations: The final rule for Civil Aviation Security was issued on February 22, 2002. In accordance with those regulations, on April 9, 2002 the FAA Civil Aviation Security Field Office (CASFO) designated Kenai as an airport required to have a partial security program as defined by 1542.103(c). The Airport Manager is working with the Transportation Security Administration (TSA) and the FAA CASFO to develop a program for the Kenai Airport. In anticipation of some of the needs of this program, the airport manager has already requested $$00,000 in discretionary grant funds from the 'FAA to improve fencing, gates and install security cameras in the terminal. This formal designation helps solidify the need for these grants. The Mayor and Airport Manager are also supplying information to the state legislative office of Representative Chenault to support a request for $150,000 in the Homeland Security Bill to offset operating costs incurred due to increased security requirements. FAA/TSA Airport Security Training: Airport Manager and Sgt. Wanamaker of the Kenai Police Department attended Basic Airport Security & Law Enforcement training in Anchorage April 7, 8, 9. This class meets the training requirements for the mandated Airport Security Coordinator required by 49 CFR Part 1542 explained in the paragraph above. Terminal Flooring Project: The Airport Manager had several meeting with the City Attorney, City Manager and others to discuss the poor tile installation in the airport. As previously, reported $25,000 was held from the final payment to cover the items in dispute. In the information section of this packet, you will find a letter from the Airport Manager to Eastside Carpet in response their request for final payment. This letter is the opinion of the Airport Manager and clearly states that the final decision rests with City Administration and therefore Council. New Airline Service: Still awaiting word from Frontier. Airport Marketing: The Airport Manager has met with four different contacts during the past month to further discussions on different proposed developments or uses of airport property. This is property inside the airport fence or adjacent to the fence, taxiways and ramps. Upgrade Terminal Fire Alarm System: Bids are due April 24. Airport Land: The Airport Manger was informed by local FAA personnel that some of the funding to move the DF antenna (and subsequently turn the property behind the new Health Center over to the City) has been diverted to Airport Security projects. The question was posed if the Airport/City would be willing to provide approximately $12,000 in dirt and pad work to facilitate the move of the DF Antenna. The Airport Manager is checking with FAA to verify that use of airport funds would be appropriate. This is an important airport project because the current location renders the DF unreliable and it is in the best interest of airport safety to have an operation DF on the field. The acquisition of the property is secondary to the safety issue of relocating the DF and I am confident that the FAA will agree. More Airport Marketing: The airport has responded to over 50 e-mail leads from the CVCB Website. In the information section of the packet, we have included a sample of information sent via e-mail. Restaurant Range: New and different information from the restaurant owners indicate they are now satisfied with the range and would prefer the City replace the deep fryers. They were informed by the Airport Manager that the restaurant was leased with the equipment 'as is' and that, barring different direction from the City Manager or City Council, the airport would not pursue any new equipment or major repair to existing equipment in the restaurant. Airport Restaurant Hours: The restaurant is advertising new hours; starting April 15, they will open 4am to 5pm M-F and 7am to 4pm Sat. & Sun. They are also serving Espresso, Latte and Mocha coffees. TO: KENAI POLICE DEPARTMENT 107 SOUTH WILLOW STREET KENAI, AK 99611 Telephone (907) 283-7879 Fax (907) 283-2267 Lynda Snow, City Manager FROM..~~~ Daniel Morris, Chief of Police DATE: April 11, 2002 SUBJECT: Monthly Report Calls for service in March indicate a continued increase over last year. Several meetings and training sessions were attended during the past month. Lt. Kopp attended a statewide meeting in Anchorage which addressed snowmachine/ATV issues on public lands. Numerous state and federal agencies were represented along with user groups. Examples of processes used in other areas to address the issues were presented. We will provide filnher information to address local issues in a separate memorandum. S gt. Wannamaker attended training with the Airport Manager in Anchorage addressing airport security issues. Training was also attended regarding law enforcement liability management. Lt. Kopp attended a meeting in Anchorage to establish a working relationship with a program called A Child is Missing. This program allows us to call an 800 number 24 hours a day to report a missing child. We provide a description of the child and identify a specific geographical area to notify neighbors. The program then uses an automated calling system to provide the information to the neighborhood at no cost to the department. A press release to the local media .explaining the program will be made soon. DLM:nlw KENAI FIRE DEPARTMENT ACTIVITY REPORT TO CITY MANAGER For the period of February- March 2002 Assisted training center with Airport and FAA tours for 25 students and instructors. Personnel attended Aircraft Fire Training Basic and annual FAA required "hot drills" at training center. Budget meetings. Provided blood pressure checks for 25 citizens. Continued revisions of Forestry agreements. Bid awarded for SCBA compressor. (Completes 2001 "Fire Grant award). Performed required OSHA fire extinguisher training for City employees. Provided 8 hour 1 ~t Aid/CPR training for 8 Senior Center employees. Conducted department tours for local and visiting school children from Wasilla. Attended City Comp Plan meetings. Gathered information and initiated talks with Spruce Bark Beetle Task Force about clearing gulleys near Municipal Park per Council request. Worked with City Manager, Finance Director, Public Works and City Shop to remove high mileage, high maintenance 1984 Chevy Blazer from service (to be auctioned). Replaced with 1995 Jeep from Public Works. This cooperative effort enabled us to remove replacement request from budget (Saved estimated $35,000 plus maintenance and Shop labor costs). Firefighters John Hams and Sam Satathite made first-ever climb of newly named Mount St. Florian. Continued research on feasibility o fNOAA (or other federal funding) for tsunami evacuation route grants for walkways and dunes protection on North and South beaches. Seismic zone, environmental/historical preservation of those areas during high traffic dip net fishery may be reasons for State to pursue such funding. Similar projects completed in Homer and Seward in beach parks and Homer Spit. CITY OF KENAI KENAI PARKS & RECREATION 227 CAVIAR ST. KENAI, ALASKA 99611-7794 TELEPHONE 907-283-3855 1 907-283-7926 FAX 907-283-4675 KENAI MEMORANDUM TO: Linda Snow, City Manager FROM: DATE: Robert J. Frates, Parks & Recreation Director(~j 4/11/02 Monthly Administrative Report - March 2002 A total of 1,345 teens visited the Teen Center during March and a total of 4,199 patrons used the Rec. Center. March was a challenging month due to one of our staff members being absent fi'om work as a result of a car accident. Scott Slavik, our Teen Center Supervisor was also absent for most of March due to vacation and severe illness. Staff members Joanna Cole and Terry Bookey attended OSHA Training classes and brought back valuable information. The volumeer planting date got changed to May 25th due to a conflict with the Chambers City Clean Up. We will cominue with plans of holding our annual cemetery clean up on May 18th. Interviews for our summer maimenance positions will begin next week and it appears as though we received lots of applicants. A request was made from the Kenai Kennel Club to hold a dog agility trial at the Sr. Lea~e Field during Labor Day weekend. I am curremly working out some details with the Kenai Little League Association and obtaining more information with respect to the trials. The Kenai Little League was just informed that they received the bid for a boy's Sr. toumey in mid-July. Veco just completed building four score shacks for the fields and work is in progress to locate them before the season begins. Due to the weather, Nordic Trail grooming activities have come to a halt for the season. Also, due to the warmer temperatures we may be able to open the skateboard park sooner than anticipated. Linda Snow ~,~ ........... ~ . ~ .............................. ~. ..~ From: Ewa JankowSka Sent: Thursday, April 11, 2002 1 '13 PM To: Linda Snow; Kim Howard Subject: Monthly report- March 2002 March in Kenai has become synonymous with the a literary event held every year at the Kenai Convention and Visitors Center - Peninsula Writer's Night which is always cosponsored by the Friends of the Library group. This year it was followed by another wonderful literary event A Poetry Slam Workshop where the local poets could share ideas and read their works. Both events were well-attended and very successful. The Library continues with the Toddler Stow Time every Wednesday and Preschool Story Time on Thursdays. We have two Creating Family Storytelling Tradition nights scheduled for April that feature Carol Ford, a local storyteller and a musician Mike Morgan who plays the guitar. Seven of these events have been sponsored by a grant from Philips Alaska. They are based on a program sponsored and partially funded by grant from the National Endowment for the Humanities, which was introduced in Alaska by the Kenai Community Library in 2001. We hope that this program will be continued in other Alaskan libraries under the auspices of the Alaska Humanities Forum. We are seeing an increased traffic due to approaching tax filing deadline. This year more people come to the Library, to download their tax forms off the Internet. Although we try to provide paper forms as well, IRS is sending fewer of them every year in order to encourage everyone to use their online services. We are glad to be able to offer help and access to the IRS web site to those who may not have computers at home. 4/11/2002 INFORMATION ITEMS KENAI CITY COUNCIL MEETING APRIL 17, 2002 to 3/12/02-4/11/02, Kenai Fire Department Monthly Status Report . 3/02 Kenai Multipurpose Facility Activity Report , 3/02 Library Report , 3 / 25/02 Eastside Carpet Company letter regarding furniture lids and tile concerns at Airport Terminal. , 3 / 02 Monthly Enplanement Report. . KCVB Leads Program Airport. "Services Available" information from Kenai Municipal o 4 / 18 / 02 Kenai River Special Management Area Advisory Board meeting agenda and minutes of 3 / 21 / 02 Board meeting. . 4/02 Resource Development Council for Alaska, Inc., Resource Review. . 4/02 Soldotna Chamber of Commerce, Chamber Connection. KENAI FIRE DEPARTMENT MONTHLY STAT REPORT TO CITY MANAGER For the period of March 12, 2002 - April 11, 2002 EMS Calls: 53 YTD: 202 Public Assists: 2 18 Investigations & Inspections: 7 34 Fire Calls: 7 15 Mutual Aid: 1 5 Projected EMS Bill Collections for this Period $10,653 $40,698 OTHER ACTIVITY: Training: Airport Runway Checks' Plan Reviews: 242.5 hours 10 2 YTD: 1093.5 hours 35 Public Education Fire Prevention: 40 hours 75 hours KENAI MULTI-PURPOSE FACILITY ACTIVITY REPORT MONTH: March 2002 ACTIVITY Customer Type: THIS MONTH KPHA Hrs. KCHS Hrs. Homer Hrs. North Pen. Rec. Men's Over 3 5 Hrs. Rusty Blades Hrs. Houston High Hrs. Nikiski High Hrs. Shinny Hockey Hrs. Total Hrs: Revenue: Ice Rental Expenses-. Ice Maint. (contract) Electric (Feb.27- Mar 27) Gas Water & Sewer Phone/Samtation 58 10.5 3 14.5 24 110 $7,493.25 $11,703.39 3811.19 THIS MONTH LAST YEAR 4 4 8 $575.O0 $470.01 326.66 57.75 146.73 Total Revenue: $7,493.25 Total Expenses: $16,045.72 *Rink closed March '7th in 2001 1,346.63 65.28 $575.00 $1,881.89 THIS YEAR TO DATE 195 72.5 42.5 6 13.5 15.75 9.5 355.75 $29,200.75 $46,813.56 19,054.47 1,371.73 231.00 703.12 $29,200.75 $68,173.88 LAST YEAR TO DATE 82 23.5 2.5 4 4 116 $8,849.50 $4,522.90 6,018.06 398.67 $8,849.50 $10,939.63 CITY OF KENAI LIBRARY REPORT FOR MARCH, 2002 CIRCULATION Adult Juvenile Fiction 2016 Non-Fiction 1837 Periodicals 109 Cassettes Intemet Access CDs Kits 142 685 138 10 Total Printed Materials .............6442 Total Circulation ............................ 8659 440 357 Misc. Puzzles VideOs 43 6 1186 Easy Books 1368 315 DVD 7 ADDITIONS Docs Adult Juvenile Easy Books Gifts 11 60 2 3 Purchases - 72 19 17 Total Additions .................................. 194 AV INTERLIBRARY LOANS Ordered Received Returned Books 27 26 20 INTERLIBRARY LOANS BY OUR LIBRARY ............ 63 INTERNET USE ......... 685 VOLUNTEERS Number .....16 Total Hours ..... 147 INCOME Fines and Rental Books Xerox Lost or Damaged Books $1,667.70 408.O0 161.65 Total Income for March, 2002 ............ $2,237.35 Library Cards Issued March, 2002 Library Cards Issued March, 2002 Kenai 68 Clam Gulch 2 Kasilof 7 Nikiski 9 Soldoma 15 Sterling 7 Other 4 Total 112 Library Patronage ...... 7,514 Persons Adult Programs ........ 82 Persons Children's Programs... 107 Persons nal Municipal Airport i March 25, 2002 Ross Walther Eastside Carpet Company, LLC 7240 Lake Otis Parkway Anchorage, AK 99507 Dear Ross: In response to your letter of March 13, I would like to express the following concerns: The furniture lid issue was partially resolved by placing butyl strips on approximately 60% of the furniture end units. The remaining 15 units are still in dispute. The tile appearance is also not resolved to my full satisfaction. While it is tree there is dirt build up on the tile floor, it is our position that the extremely uneven installation of the tile makes it impossible to utilize any standard cleaning methods to maintain the surface. You noted in your letter that the West Coast Paper representative indicated that a different scrubber should make a difference. It is our position that the sub-standard installation has created maintenance problems that will detract from the appearance and result in additional costs for the life of the floor. During your last visit, you were shown several tiles that were not properly adhered to the surface. This issue has not been resolved. In conclusion, while the final determination is still pending, I want to express my extreme disappointment in the tile installation. It is my position that the City should withhold funds from the final payment to compensate for diminished value due to sub- standard installation resulting in an undesirable appearance and additional maintenance costs. Sincerely, R..ff~.~ebecca Cro ~~)n~ite Airport Manager www.ci.kenai.ak.us. ne/ Municipal Airport 2001 Monthly Enplanements ISeriesl ! 1 2 7,371 1997.-2001 Month (1) ERA (2) XXX Total 5 yr. Average Jan 7,829 0 7,829 8,076 ..... Feb 7,046 0 7,046 7,350 Mar 7,371 0 7,371 8,247 Apr 7,148 May 8,003 Jun , 9,582 Jul 12,958 Aug 11,196 Sep 8~343 Oct 8,356 Nov 8~004 Dec 8~067 Totals 22,246 0 22,246 Monthly enplanements down 845 compared to March 2001. Services Available at the Kenai Airport www. ci.kenai.ak.us 305 N. Willow, Suite 200 Kenai, AK 99611 (907) 283-7951 Airlines Era Aviation www. eraaviation.com *Used for response to inquiries from KCVB Leads Program Car Rental Aqencies Avis Rent A Car (907) 283-7900 Budget Rent A Car (907) 283-4506 Hertz Rent A Car (907) 283-7979 Payless Car Rentals (907) 283-6428 Travel Aqency _ Alaska's Best Travel Agency (907) 283-7810 1-800-545-0844'~' '' www. alas kasbe~E~Ve I. cam email' dottie~ ~vel.com Charters Kenai Aviation (907) 283-4124 · · ~" ,:~ ~....~ ~. :,,~i,i~: ~ '~.!iiiiiii~i~,~ ............ ~:.. ~;!ii~i~!~i~.~~...i ................ ~,... · . i!::i:,~i!iiii!iiiiiii~ii~{~~.,.~~ .................... ............... . .... 4/11/2002 KENAi RIVER ~~b.~Special Management Area "Working together...for the river" Io II. *** Meeting Agenda*** Thursday, April 18, 2002 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call B. Approval of 3/21/02 minutes C. Agenda Changes and Approval PUBLIC COMMENT "RECEIVED' ' C iy' CkERK III. NEW BUSINESS IV. A. Recent Alaska Board ofFish Decisions affecting the Kenai River, Mark Gamblin, Area Sporrfish Biologist, ADF&G : B. Kenai River Ang}er Impact Study, Mar), King, ADF&G C. Doug Reger, Hydraulic and Quartemary Geology of the Kenai River (EPA Grant) D. Snug Harbor Road Snowmachine Parking Area Proposal OLD BUSINESS ge A. Commercial Operator Committee' draft guide board proposal B. Sterling Highway MP 45-60 Report: Janette Cadieux, Stakeholder process report; Chris Degemes, agency report C. Kenai River Center Update i. DOT Cleating along ROW in Cooper Landing PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Committee Meetings at the KRC- 4/18/02' 4:00 pm: Commercial Operators Committee Meeting; 5:00 p.m. Forest Legacy Committee Meeting Kenai Area Office, Box 1247, Soldotna, AK'99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soldotna 262-4441 Alaska Division of Parks and Outdoor Recreation, Department of Natural Resources, in cooperation with the Kenai Peninsula Borough, Ie Kenai River Special Management Area Advisory Board Meeting Minutes Thursday, March 21, 2002 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call Present' Joe Connors, Ted Wellman, Brett Huber, Dave Westerman, Rick Wood, Lance Trasky, Chris Degemes, Robin West, Paul Shadura, Janette Cadieux, Deric Marcorelle, Ann Whitmore-Painter, Linda Snow, Bill Shuster, and Tim Navarre Absent' Jim Golden, Charles Quarre B. Approval of 2/21/02 minutes Approved as written. B. Agenda Changes and Approval Ted moved the Boat Wake Study to item B under new business. II. PUBLIC COMMENT Sam McDowell discussed the contamination site in Sterling at Cook's Tesoro and the affects on the Kenai River. He claims that the contamination has not been cleaned up. Sam went over a handout he gave to Ted W. Joe C. asked how much fuel is thought to still be present in the ~ound? Sam McDowell estimated about 7,000-10,000 gallons. III. NEW BUSINESS A. Mike Lilly, Alaska Water Resources Association Meeting Announcement Mike asked the board to co-sponsor the American Water Resources Assoc. annual meeting. He said they are asking for support only, not funding. The AWRA meeting is from April 8th-10th at the Kenai River Center. One of the sessions will address the potential impacts of low-level nutrients and persistent organic pollutants in the Kenai River watershed, and other sessions will have some relevance to the Kenai River. Mike also provided an update to the Board related to the surface/ground water project he has been working on. Two index sites on the Kenai River were chosen, one on the lower part of the Kenai RiVer at the Pillars Boat Launch and one at the Soldotna City Park (old DOT site). They installed wells along these sites to look at the mass exchange interactions between ground water and the fiver. Mike said the data shows how groundwater impacts the fiver at many scales and is concerned that current regulations on fiver management do not address this. He urged the Board to participate in the upcoming AWRA meetings and become more involved in water resource issues. Brett H. made a motion to co-sponsor the upcoming meeting. Joe C. seconded the motion. Tim N. asked if sponsoring is within the board's purview. Ted W. said it would be good to lend support for activities that help us do a better job in advising resource management agencies. Vote was unanimous to support the AWRA. B. Boat Wake Study-Phase II, Gordon Nelson, USGS Gordon said they have been trying to determine how they can help out with this study. He has asked his staff to concentrate on one section of the river to better understand the process. He said they were looking for a 1-2 kilometer section of the river to conduct this phase and are currently looking at the Pillars area. Gordon proposed to start out with a habitat study, which includes an extremely detailed map of bottom materials, banks, bank angles, soils and such. He also has planned on doing repetitive acoustic doppler profile surveys at multiple stream gages in the study section of the fiver. Once the habitat studies are started, they will create around a dozen cross sections for analysis. Currently Gordon is working on designs of how to conduct the surveys. Gordon talked about how the waves create beaches each year along the banks. These beaches make great energy attenuators since the wave roll on.the beach, break up and do not slam into the banks like they would on a vertical bank. USGS will want to look at natural attenuation of wakes and also evaluate how ground water affects these banks (i.e. ground water forcing material out of the bank). Gordon also proposes to evaluate suspended sediments and track where they go. They will track the sampling day and night during July. They want to then create a video documentation of this, to show how boat Kenai River Special Management Area Advisory Board 3/21/02 Meeting Minutes Page 2 passings affect the fiver bank. This will create good documentation, which will lead to the next step. Gordon said he would have a draft document available for the board soon. Dave W. asked how long is the time period for this study. Gordon said it would take most of the summer starting in May. Lance T. asked how this study would correlate to what the Corps study provided and will it be able to evaluate how the boat wakes may be accelerating erosion of the banks. Gordon said they would be using the video equipment and the information from the sediment study to determine this. Ted W. asked how this study is going to use the Corps study. Gordon said the Corps study was valuable, but converting the study to a way to measure how much erosion those boats are causing would be difficult. Brett H. said he thought this study was to build off of the first one and asked where we are going now with this new study. Gordon said the detailed bank mapping would help to determine characteristics of banks that are more susceptible to bank erosion than other banks. He also stated that his staff wanted to map whole reaches of the fiver and Gordon said it would be too difficult to do this. Lance T. said there are two parts here, one to confirm if boat wakes are in fact accelerating erosion of the fiver banks and second to get information to allow Gordon to distinguish whether there is a distinct difference between wave heights and wave energies. Brett H. said Dr. Maynord suggested looking at thresholds depending on bank heights and soil types, and nothing here addresses this. Paul S. said we need more work on this and asked for a better study to do what we want. Ted W. suggests the boat wake committee discuss this more with Gordon Nelson. C. Zip Mart Contamination Report, Don Fritz, ADEC: Cook's Tesoro Contamination Report- Paul Horwath, ADEC Don Fritz gave a brief history on the Zip Mart spill. In 1995 an installation of an upgraded tank system found minor site contamination. The business continued to operate for several years while DEC continued to ask for further assessment of area to confirm the extent of the release. In fall of 2000 an engineering firm hired by the operator of the site put in 5 monitor wells and encountered standing free product about 1 foot deep on the aquifer. Since then, the monitor wells have found a lot of free product in the water. DEC estimated about 100,000 gallons of gasoline were released over a long period of time. The Kenai River is about 1 mile away from the site. Kenai River Special Management Area Advisory Board 3/21/02 Meeting Minutes Page 3 In 1993 the underground lines were replaced with double walled lines that were supposed to be able to detect leaks. In 1995 new double walled tanks were installed. Currently no leaded gasoline or diesel has been found and DEC thought the contractor had it fingerprinted to a post 1994 release but they are not sure now. The owner/operator had been funded by state grants so far but there is not enough grant monies to continue with the assessment and free product recovery. The Zip Mart owners have stated that they do not have the resources to clean up the site, so DEC has stepped in to start the clean up phase. Currently DEC is starting Phase Two in which they evaluate how to recover the free product. Don said to help evaluate the extent of the flee product and plan for recovery, they are planning to put in another 15 monitoring wells. Paul S. asked if there was any chance this spill will reach the Kenai River. Don said it is not likely to reach the fiver. The farthest distance a spill like this has gone is around ¼ mile past the source edge. Brett H. asked if a hydrogeologist has evaluated the ground water flow. Don said no and believes this is a simple and straightforward issue. What DEC cannot figure out is why the water well on the Zip Mart site has not been contaminated. Ted W. asked when DEC first became aware of this large amount of fuel. Don said DEC first knew in December 2001 or January 2002. DEC was aware of a minor contamination on the site after the 1995 tank upgrade during a site assessment. They believe the major contamination came from the lines between the tanks and the island, but they are unsure when the release happened. Tim N. asked what DEC's timetable is now for action. Don said May or June DEC will do a pilot study on free product recovery and hopefully have the system installed and operational by July. There should be an assessment done starting mid April. Janette C. would like to know what DEC knows about the aquifers that are contaminated and how they communicate with their surroundings and what makes DEC certain that the Kenai River will not be affected. Don stated simply the distance is too great from the fiver. Paul Horwath also said that DEC's investigation history with this type of spill shows that after the gasoline dissipates in the ground water it does not migrate more than a ¼ mile from the site. Paul Horwath' gave a brief history on the Cook's Tesoro spill including when DEC became aware of the contamination in 1989 when DOT was conducting an evaluation for right of way expansion. In 1990 the State Kenai River Special Management Area Advisory Board 3/21/02 Meeting Minutes Page 4 paid a contractor to excavate the site, treat and remove the contaminated materials. Additional monies spent at the site since have been used to continue monitoring the ground water. Up until 3 years ago when Sam McDowell filed a lawsuit and had a consultant drill a well that found free product, DEC had not found any free product on the 'site. So far, no free product has been found on south side of highway. There has, however, been contamination found on properties on the south side of the highway from the station. Paul said DEC plans to continue to monitor some of the wells but does not intend to pursue additional proactive cleanup on this site. Joe C. said he is concerned about the proximity to the Kenai River and the fact that it's headed to the Moose River. Paul said in DEC's opinion, this site has been thoroughly assessed with many of the monitoring wells coming back clean for years. He says this site is not likely to get worse. Dave W. asked what caused the leak and what is being done to prevent future leaks. Paul said this leak probably came from numerous Small leaks in the pipes over the years. He states that between 1988 and 1998 there was a phase in to change the underground storage tank systems to meet stringent standards including leak detections and double wall tanks and piping. Lance T. asked if DEC has taken any sediment samples in the Kenai and Moose rivers downstream of the spill site. Paul said they have not pursued testing beyond the location of the clean wells. Brett H. asked if there is any way to remove the free product found. Paul said they are getting almost no recoverable free product, 1-2 ml. a day, which is not really worth the effort. Brett H. made a motion for the board to write a letter to DEC, EPA and affected management agencies suggesting a minimum sampling be done in the Kenai River. Joe C. seconded the motion. Ted W. said he is especially concerned that six years had passed before any action was taken at the Zip Mart, and would like to offer an amendment to the letter that the Board avoid taking a position by keeping the letter generic, since this is too closely tied to potential lawsuits and the board should avoid a legal issue. The vote was unanimous for the letter to be sent. D. Forest Legacy Program, Evie Witten Evie said she is currently working on an assessment of need'for the Forest Legacy Program in Alaska. The Nature Conservancy is under contract with Alaska State Parks to do the assessment. The Forest Legacy Program is a national program mn by the USFS to provide federal funding, for conserving resource values of private forested lands from conversion to non-forested stares. The emphasis is on keeping lands in private ownership when possible. The program usually provides Kenai River Special Management Area Advisory Board 3/21/02 Meeting Minutes Page 5 IV. 75% federal and 25% state match funding. Each state's Forest Legacy Program is unique, with each tailored to the state's needs. Evie said she is working on setting up an assessment of need which includes researching and compiling information on forests and forest resources in the state and is seeking input from groups and people around the state on what are important resources and what people want protected. Evie said she would like to see a response fi'om individuals or the board as a whole and would like those by May 1. Ted W. said he would like to see a small committee come together to discuss this before the next meeting. Tim N., Chris D., Robin W., Ann W-P. and Linda S. volunteered for the committee, which will give a summery of what is going on and provide a recommendation to the board at the next meeting. OLD BUSINESS A. Recreation Use Study Committee- Report and Recommendations, Chris Degernes Chris said the committee has met twice since the February 21 st board meeting. The primary issue was to work on the survey. Several drafts have circulated and Dr. Brown has provided his recommendations. In his comments to the committee, he recommended comparing use levels in 2002 with use in 1992, so would urge that a survey using similar questions be utilized. Chris said there were concerns regarding whether this survey may be perceived as negative, so the committee added a question to try to gauge satisfaction. The committee also worked on a draft schedule for surveys, including where and when to survey to reach different types of users. During the discussion of the GPS monitoring effort, it was estimated that the ratio of guided versus private boats is approximately 70% - 30% during June and July on the lower fiver. However, if the sampling is done at the same ratio, there is a risk that too few private boats. might be sampled, so Dr. Brown has recommended that roughly equal numbers of guided/private boats be sampled, and he can correct for the disproportionate sample later. The video monitoring is being worked on now, but no schedule for dates and locations has been made yet. Janette C. made a motion for the board to accept the survey as proposed. Paul S. seconded the motion. Brett H. said he is not comfortable with the survey as it is. He said it does not give much of an opportunity for folks to say they had a good time. Joe C. said he still has some concerns, mainly regarding question # 10 which he believes is loaded and section three that he thinks is too redundant and asks too many non-motorized questions. Kenai River Special Management Area Advisory Board 3/21/02 Meeting Minutes Page 6 Paul S. says he likes the form as it is and that it is important to compare it to the 1992 survey. Ted W. said this survey came out of the Comprehensive Plan as one of the major recommendations regarding guided use on the Kenai River. Joe asked if this is for the lower fiver only. Ted said during 2002, the lower fiver will be the section we'll concentrate on. Tim N. made a motion to move question # 9 to # 1 and start with very satisfied to very unsatisfied. Brett H. seconded the amendment. Bill S. suggested we talk to Dr. Brown to make sure the changes are not contrary to the 1992 survey. Deric M. said most folks filling this out are from out of state, are not familiar with the politics and will not perceive this survey as negative. The vote on the amendment includes moving question #9 to # 1 and to add a question to ask why a person is not satisfied, if they checked they'd had an unsatisfactory experience. Vote on amendment' All in favor Tim N. says we have to feel comfortable with the survey and made a motion to add a block "I don't know". Brett H. seconded this motion. Vote failed, with only three members voting for the motion. Dave W. abstained. Vote on original motion to accept the survey: Motion passed with one opposed (Joe C.) and one abstaining (Dave W.) Chris D. asked for more input from the board on the schedule for the survey and video locations. B. Kenai River Nutrient Study Public Outreach Committee Brett H. said they are not ready to move forward at this time. There are some decisions being made on Phase I of the outreach study that included putting a study plan together that should be complete by the end of September. There is not enough of a product to do a good job of the public outreach component until we have more information from the contractor. The committee will bring more information on this to the September board meeting. V. PUBLIC COMMENT Sam McDowell said he is still concerned about Cook's Tesoro and wants to be sure the Board understands that there is another side of' the stow compared to what DEC presented. Kenai River Special Management Area Advisory Board 3/21/02 Meeting Minutes Page 7 VI. Mike Lilly offered a perspective on the evening's discussion about the contaminated sites, saying that it will be important to understand the qualifications of the "expert." He states there are limits to what can be cleaned up, but most sites can be cleaned up to minimize long term impacts. Mike stated "inadequate assessments lead to inadequate actions." He also stated that he feels that self-regulations are dangerous and encourages independent reviews. Suzanne F. is seeking comments on the draft Guide Board proposal by April 11 th and comments on the draft Junior Ranger sixth grade curriculum by the next board meeting. ADJOURNMENT A. Board Comments Paul S. says as a board member, his value on being part of the information exchange with the people we are associated with is great, and the board should restrain from getting too involved with these issues. Deric M. said the major problems with these spill sites are that the "responsible parties" are not being responsible and are fighting the cleanup process. The State does the best it can once it is dumPed in their lap. Bill S. said last night he attended the opening meeting for the Chugach Electric re-licensing process and they might want to give a presentation sometime in the future. Chris D. provided a brief summary of the proposed budget cuts facing State Parks. Fortunately, none directly affect the Kenai River, but if they do go through, it will devastate Alaska State Parks system. The proposed cuts passed the House and will soon be considered in the Senate. Robin W. said he appreciated the board reviewing its charter and thinks we have been doing great job. Tim N. said he wants to add to the next agenda a discussion on a snowmachine parking lot along Snug Harbor road. Joe C. said he encourages feedback by the next meeting on the document from the commercial users committee handed out earlier by Suzanne. Brett H. appreciated everyone's time they spend on this board. B. Date/Agenda of Next Meeting April 18th Issues lined up already for next meeting: Mary King, F&G, habitat angler impact study. Mark Gamblin, Board ofFish actions. Snug Harbor Road snowmachine parking area. Kenai River Special Management Area Advisory Board 3/21/02 Meeting Minutes Page 8 ESSENTIAL FISH HABITAT RULE TO IMPACT NON-FISHING ACTIVITIES FAR I N LAN D BY CAPTAIN BOB PAWLOWSKI ~ew regulations for Essential Fish Habitat (EFH), promulgated by National Marine Fisheries Service (NMFS), have greatly expanded the agency's jurisdiction from traditional fishery management in coastal areas to non-fishing activities far inland. Timber, oil and gas, mining, home con- struction and local community infrastructure '~]evelopment are likely to be impacted by the ~.new regulations which extend the scope and burdens of EFH designations and consulta- tions authorized by Magnuson-Stevens Fishery Conservation and Management Act (FMCA). Under the regulations, many non- fishing activities occurring in a watershed used by species managed by NMFS and regional fishery management councils are now open to comment by the agency if those activities could potentially impact EFH. NMFS is following an open-ended definition that describes all fish habitat as essential, versus following a classical management approach that is based on fishery assessment, as required by the Councils. Essential Fish Habitat is a term introduced in the FMCA in the early 1990s to allow com- ment on activities affecting the spawning and nurturing areas of anadromous and estuarine species managed by the Councils. Coastal development, population pressures, and non- point source pollution in Lower 48 coastal waters were impacting recruitment of herring, winter and summer flounder, striped bass, redfish, and salmon. With these resources being over-fished, it was apparent that NMFS could not rebuild the fisheries by controlling harvest, but needed to influence activities that imPacted recruitment. It was a cause with merit as fisheries declined. However, EFH has evolved to New EFH regulations will greatly expand National Marine Fisheries Service jurisdiction from traditional fishery man- agement in coastal areas to non-fishing activities far inland. encompass the complete watershed associated with managed species. Under the new regulation, EFH means those waters and sub- strates necessary to sustain fish for spawning, breeding, feeding, or growth to maturity. EFH is further supported by broad parame- ters on the terms waters, substrates and "necessary," enabling EFH to enCompass the full life history of a species in an ecosystem approach. It also includes special areas called "Habitat Areas of Particular Concern," a designation above "Essential." Under this new regulation, NMFS is to guide the Councils and the Secretary of Commerce in identify- ing and describing EFH in Fishery Management Plans (FMP);. identify- ing adverse effects on EFH; and identi- fying actions to conserve and enhance EFH. NMFS is also developing a (Continued to Page 8) Alaskans Launch Full-Court Press to Get ANWR Vote As the debate on Capitol Hill intensifies on a national energy bill, Alaskans turned up the heat to convince the Senate to include ANWR as a centerpiece of the legislation. "As we approach this key vote on the Energy Policy Act of 2002, we urge you to carefully weigh the facts," Governor Knowles and Lt. Governor Fran Ulmer wrote in a letter to every Senator which argued that "careful development and effective protection of resources can coexist" in ANWR. The Knowles-Ulmer letter noted that America sorely needs the oil and gas from both ANWR and a natural gas pipeline project and that the state administration would not (Continued to page 5) RDC in Juneau 3 Alaska Exports ~f Minerals Report ~f EPA's lani speaks 5 RDC News Di~est 6 Industry Overview 7 EFH 8 Legislative Fly-in' 9 President's Messa;e 10 · INDUSTRIAL FLUIDS REPROCESSING ENERGY, ENVIRONMENTAL AND LOGISTICS SERVICES FEDERAL PROCUREMENT CONSULTING PUBLICATION AND DOCUMENTATION 8(A) CONTRACTING, MINORITY-OWNED .KON IAG IN C l-i R P D R A T E D Resource Development Council 12! W. Fireweed, Suite 250 Anchorage, AK 99503 Phone: (90?} 2?6-0?00 Fax: (907) 276-3887 E-mail: re$ources@akrd¢.or~ Website: www. akrdc.or~' Material in this publication may be reprinted without permission provided appropriate credit is ~iven. Writer & Editor Carl Portman Executive Committee Officers President Sr. Vice President Vice President Secretary Trea s u re r Past President Robert B. Stiles Charles W. Johnson Mark Hanley Uwe Gross Stephanie Madsen Jim Branch Staff Executive Director Deputy Director Projects/AMEREF Coordinator Finance/Membership Tadd Owens Carl R. Portman Jason Brune BJllJe Rae Gillas Resource Review is the official periodic publication of the Resource Development Council (RDC), Alaska's largest privately funded nonprofit economic development organization workJn~ to develop Alaska's natural resources in a responsible manner and to create a broad-based, diversified economy while protectin~ and enhancin~ the environment. Pa~e 2 April 2002 Resource Review www. akrdc.org RDC Focus IN JUNEAU IS ON PERMITTING AND REGULATOFIY A~ENA As we have throughout the past several legislative sessions, RDC remains focused on the regulatory and permitting areFl~.. This session three different issues, each with important technical ramifications to re- source development in Alaska, have risen to the top of the RDC agenda: Alaska Coastal Management Program (ACMP) reform, temporary water-use authorizations, and best avail- able technology for oil spill prevention and response. Four different bills have been intro- duced to address these issues. Collectively they represent a significant commitment to sound, streamlin~ed regulations that protect the environment while providing for responsible ) economic development. First is reform of the ACMP. Two bills have been intro- duced to address this issue' SB308, by Senator Gene Therriault, and HB439, by the House Oil and Gas Committee. Together these bills remove the program's redun- dant and ineffective petition process, allow for the consistency review of a potential gas line project on the North Slope to be phased-in and restrict coastal districts from adopting state statutes by reference into their local plans. Each of these measures serves to provide industry with reg- ulatory certainty and more predictable timelines. Neither bill Compromises the ability of the public or a coastal district to participate in the consistency review process. Both pieces of legislation have wide spread industry support and are not op- posed by the Department of Governmental Coordination. RDC has also worked closely with the Department of Natural Resources (DNR) over the past two years to promote Clear statutory authority for temporary water-use authoriza- tions. The House Resources Committee introduced HB420 this session allowing DNR to administer the temporary water-use program as they have for the past twenty years. DNR, in conjunction with the Department of Environmental Conservation (DEC) and the Department of Fish and Game, issues a temporary water-use authorization only after careful consideration of its potential impact to fish and wildlife resources and the environment. This program is an important tool in streamlining the process for state approval of water use. Construction projects all across the state and ice road construction on the North Slope are the most common users of temporary water-use authoriza- tions. Without this tool, busi- nesses would be required to receive a formally adjudicated water right from DNR for nearly every use of state water- a process sure to unnecessarily delay projects across the state. On February 1, 2002, the Alaska Supreme Court ruled that two provisions governing best available technology (BAT) deter- minations were contrary to the Court's interpretation of the Legislature's intent in enacting Alaska's oil spill prevention and response legislation. Without clear legislative support for the regulations governing BAT and C-Plans, companies seek- ing new plan approvals will face significant delays and uncer- tainties, and DEC will be forced to allocate valuable resources to another rulemaking process. The Senate Resources Committee introduced SB343 as a di- rect response to the question raised by the Alaska Supreme Court regarding the Legislature's intent with respect to BAT requirements in C-Plans. The bill provides DEC with the flexibility necessary to fairly apply BAT requirements over Alaska's diverse environmental and operational conditions while maintaining Alaska's cutting-edge spill prevention and response regulations. RDC has worked closely with the Alaska Oil & Gas Association to move this bill forward. RDC is committed to working toward a reasonable, science-based middle ground between environmental protection and economic development. This philosophy is particularly relevant in regard to Alaska's regulatory regime. Without clear, streamlined, predictable environmental regulations, we can not expect to attract private-sector investment, nor can we expect to enhance economic development opportunities in Alaska. Finding the right balance between economic development and environmental protection is a constantly evolving process. In Alaska this balancing act is often on the center stage of our public policy debates. The Legislature's proposed actions to reform the ACMP program, to support DNR's temporary water-use program, and to validate DEC's best available tech- nology regulations are all important steps in keeping environ- mental protection and economic development in proportion. (907) 276-0700 April 2002 Resource Review Pa~e 3 ALASKA EXPORTS R EMAI N STABLE IN 2001 Final numbers reveal Alaska exports decreased $46 million or 1.9 percent in 2001 to settle at $2.41 billion. According to the Alaska Division of International Trade and Market Development, crude oil ex- ports declined to virtually zero in 2001 from $288 million in 2000 and over $500 million in 1999. Excluding oil, Alaska's exports in 2001 were up more than $240 million, an increase of nine percent. Despite many problems facing the fishing industry, as fillets, surimi and roe ac- counted for most of the increase. Seafood remained Alaska's largest export, accounting for nearly half of the state's total, While prices for zinc ore, Alaska's largest mineral ex- port, have been steadily declining for several years, mineral exports increased by 12 percent in 2001 due to an increase in volume. Though production value was up, profits were down in 2001 for mineral exporters. Exports from the energy sector declined nearly 48 per- seafood exports in 2001. cent due to the change in jumped 15 percent to $1.19 destination for the small frac- billion, takingup mucfiofthe tion of North Slope crude slack from declining oil ex- that had been exported over- ports. Pollock products such seas. However, sales of lique- Alaska's Export Commodities In millions Seafood Minerals Oil & Gas Fertilizer Wood Other il $328.9 $189.8 l~$$'4 [ 12001 ~lllS2ST.3 ~ · 2000 $0 S200 $400 S600 $800 $1,000 $1,200 Alaska's Exports In millions $2,650 i 1Crude Oili $2,450 i [ [1:3 Other $2,250 't $2,050 i $1,sso ~ $1,650 i $1,450 ! $1,2501 1998 1999 2000 $0 2001 fled natural gas to Japan and coal to Korea remained stable in 2001. Fertilizer exports, mainly from Agrium's Nikiski plant, totaled $189 million, an increase of 23 per- cent over 2000. Exports of forest products continued to decline, totaling $155.4 million last year, a decrease of more than 25 per- cent from 2000. MINERALS COMMISSION LAUDS PROGRESS The Ft. Knox gold mine north of Fairbanks is one of several major flagship mines in Alaska. Production is expected to increase this year at Ft. Knox and the Red Do~ zinc mine near Kotzebue. Pa~e '~ April 2002 Resource Review www. akrdc.or~ ENERGY POLICY MAY COME DOWN TO CONFERENCE COMMITTEE (Continued from pa~e .1.) tolerate any attempt to trade one for the other. Meanwhile, Senator Frank Murkowski has met with President Bush and has been heavily lobbying virtually every undecided Senator on the issue. Arctic Power has launched a full- court press at those Senators and RDC has urged its members and their contacts in the Lower 48 to pull out all the stops to convince them to in- clude ANWR in the energy policy. As of mid-March, pro- components of HR 4 when' negotiating with the con- ferees from the Senate" A compromise product negotiated by the commit- tee would then return to each chamber for approval or disapproval. The House will have more members in the con- ference committee and is expected to fight hard to keep ANWR. "The White House can play a significant role in the conference committee process, and we expect that President Bush will weigh drilling forces were still ~ in heavily in support of working to achieve the 60 votes necessary in the Senate to vote ANWR into the energy bill. Senate Leader Tom Daschle has promised to filibuster any attempt to put ANWR into the package. Should the Senate pass an energy bill, with or with- out ANWR, it will go to a conference committee to be reconciled with the House energy bill, which passed in August 2001. That bill, HR 4, recognizes both ANWR and conservation as major elements of a comprehen- sive energy policy aimed at reducing America's de- pendence on foreign oil. In the event that ANWR is not included in the Senate package, the final stand and last chance for Alaska will come in the conference committee, an ad hoc panel composed of 'House and Senate confer- ees convened to resolve differences on major and controversial legislation. House conferees are expected to uphold the retaining the House lan- guage,'' said Kim Duke, Executive Director of Arctic Power. "The President understands the national security implica- tions of our increasing dependence on foreign oil and fully supports in- creased domestic produc- tion. He knows we need to keep the jobs and money we export every day as we buy oil from Saudi Arabia, Iraq and others." In the event that the Senate passes an energy policy without ANWR, Duke urged ANWR pro- ponents to encourage President Bush to work the conference committee hard. If ANWR fails to make the Senate bill, please call, write or fax the White House and tell the President you want to see the energy bill come out of conference committee with language to open the Coastal Plain of ANWR to oil and gas development. ULMER ADDRESSES RDC Lt. Governor Fran Ulmer spoke before RDC March '-fth. She suggested a comprehensive audit to resolve permittin~ issues. MURKOWSKI'S WASHINGTON REPORT HITS NUMEROUS ISSUES Senator Frank Murkowski outlined important state and federal issues when he spoke before RDC February 2].st. EPA's IAN~ WANTS TOP ALASKA PRIORITIES John Iani, the newly- appointed administrator of the EPA's Region 10, encour- aged Alaska industry to establish real priori- ties for EPA to address rather than a laundry list of numerous projects. "Give us your real priori- ties, not 40 projects but those you really want done and we'll try to see that they happen," Iani told a packed RDC breakfast forum in February. Iani reaffirmed his goal of streamlining the permitting process and delegating authority over environmental issues to state programs. He spoke favorably of partnering with Alaska's Department of Environmental Conservation and suggested industry work to keep its good relationship with the state. "Trying to take out DEC would be a bad move," Iani warned. "The EPA is the 800- pound gorilla that would step in and I'm here to tell you that you don't want a guy in a blue suit from Seattle trying to tell you what to do." [ani, who was raised in Kodiak, listed Alaska oil and gas projects as among Region 10's top three priorities. 907) 276-0700 April 2002 Resource Review Pa~e 5 RDC N EWS DIGEST Beluga Count in Cook Inlet Encouraging ~.. For the fourth year in a row, the Cook Inlet beluga whale pop- ulation appears not only to be holding its own, but reversing a ten-year decline. An aerial survey conducted last summer by the National Marine Fisheries Service estimated that there are 386 belugas in Cook Inlet waters, which indicates more than a three percent an- nual growth rate. The population declined steeply throughout the 1990s, but bottomed out at about 350 in 1998. Federal biologists blamed the decline on overharvesting by Subsistence hunters. Hunting was halted by the Marine Mammal Protection Act, but under a co-management agreement with NMFS, Native hunters harvested one beluga last summer. RDC and the Alaska Oil and Gas Association, as well as local governments, have interVened on behalf of NMFS in a lawsuit filed by environmentalists who argue the belugas need additional protection under the Endangered Species Act. A U.S. District Court judge in Washington, D.C., upheld the agency's decision to list the whales under the Marine Mammal Protection Act, but environmentalists are appealing. Wilderness Review Underway The U.S. Forest Service is developing a Supplemental Environmental Impact Statement (SEIS) to evaluate new Wilderness recommendations for roadless areas of the Tongass National Forest. The SEIS is being prepared in response to a recent court decision. The designation of additional Wilderness areas would have social and economic effects, including those related to the recreation, tourism, timber, mining, utility and transportation industries. The designation of new Wilderness areas is of particu- lar concern to Southeast Alaska communities which have been struggling economically following the closure of many timber industry operations. The SEIS will include a range of approaches, including the No-Action Alternative to other recommendations which could establish anywhere from 700,000 to 9 million acres as new Wilderness. More than five million acres of federal Wilderness al- ready exist in the forest. Alaska as a whole has approximately 58 million acres of federally- designated Wilderness, an area larger than the entire states of Utah or Idaho. A draft SEIS is expected to be released for public comment later this spring. To track progress on the document, visit www. fs.fed.us/r10/. Less than one-tenth of the forested-land base in the Ton~ass is available for lo~ing. Most of the forest has been preserved for other uses. Pa~e 6 Speaking at the March 2]. RDC breakfast meeting, Fairbanks North Star Borough Mayor Rhonda Boyles said that resource development is a vital element of the Interior's economy. She noted that the Ft. Knox Mine is the largest taxpayer in the Borough and a provider of many high-paying jobs. Pictured to her right are RDC Board member Joe Henri and Diane Prier, President of Williams Petroleum. RDC Supports Wastewater Program RDC is supporting legisla- tion in Juneau that directs the Alaska Department of Environmental Conservation to assess the costs and benefits of assuming primacy over the National Pollutant Discharge Elimination System (NPDES) program and to develop a plan for implementation. At present, Alaska is only one of six states which does not administer its own program. A wastewater permit group in which RDC will participate will play an active role in eval- uating the program and the overall review will be subject to public comment. House Passes HB 439 The House passed legislation to end a process in which indi- viduals may challenge develop- ment projects along the state's coast. The process has become a tactic for forcing costly de- lays in coastal development. The bill improves the Coastal Management Program by removing an unecessary and duplicative process from the consistency determination procedure. The petition process has resulted in no meaningful improvements of April 2002 Resource Review oversight ACMP provides to coastal communities. Alaskans will continue to have opportunities to partici- pate in and comment on ACMP consistency determina- tions, as well as individual state and federal permits associated with any project. HB 439 provides for permit streamlining that makes sense. Transportation Plan Endorsed by RDC RDC has endorsed a revised transportation policy applying to the existing road system in- side national forests. Unlike the previous policy designed by the Clinton ad- ministration, the revised policy separates direction for manag- ing roads on national forests from direction on managing the actual land base. The revised policy is only an interim measure, but RDC and others have argued that it be made permanent. The policy is an important step for analysis and manage- ment of the road system. The major use of the Forest Service road system is for recreation while the timber industry amounts to about one percent of vehicle use. www. akrdc.org RDC Board members visit the Usibelli Coal Mine at Healy. The mine produces 1.5 million tons of coal annually with 700,000 tons exported to South Korea while 82,5,000 tons are used for power ~eneration in the Fairbanks area. · Preliminary numbers indicate total mining industry value fell from $1.25 billion in 2000 to $992 million in 2001. Industry value includes exploration and development expenditures, and production value. · The total value of production in Alaska in 2001 was about $886.9 million ($769 million for metals, $69 million for industrial materials, and $48 million for coal and peat). Zinc was again the most valuable commod- ity. Placer production in 2001 was approxi- mately 23,000 ounces of gold, continuing a decline as operators put operations on hold due to soft metal prices and high diesel costs. · Exploration and development totaled · The mining industry in Alaska consists $105.3 million in 2001, a sharp drop from of three open pit and two underground hard $168.3 million in 2000. Development · rock mines, one coal mine, plus expenditures totaled' $83.2 million while approximately 250 placer operations. $22.1 million was spent on exploration. · Mining accounted for 2,882 direct and high-paying full-time jobs in Alaska in 2001. · The Northwest Arctic Borough is home to Cominco and NANA Development Corp.'s Red Dog Mine, a surface mine and mill that recovers zinc and associated metals (lead and silver). In 1999, Red Dog, the largest zinc producer in the world, achieved a rate of return of 15 percent on capital employed, making it also one of the most profitable zinc mines in the world. · Located 25 miles northeast of Fairbanks, Kinross Gold Corp.'s Fort Knox Mine has been the largest gold producer in Alaska since its inception in 1997. Gold production in 2001 was 411,221 ounces compared to 362,959 ounces in 2000. The company recently brought on line its nearby True North gold prospect. · Usibelli Coal Mine, a family owned mine located outside Healy, is the only operating coal mine in Alaska. The mine produced approximately 1.525 million tons of coal in 2001. Some 700,000 tons were exported to South Korea and 825,000 tons were used in power generation facilities in the Fairbanks ~r~. · Kennecott Exploration's Greens Creek Mine, located in Southeast Alaska near Juneau, is an underground polymetallic mine producing silver, gold, zinc, and lead. In 2001, Greens Creek Mine milled a record 658,000 tons of ore to produce around 10 million ounces of silver, 129,000 ounces of gold, 53,000 tons of zinc, and 19,000 tons of lead. 907) 276-0700 · Donlin Creek: Placer Dome US, Inc. and Calista Corporation continue to ex- amine this hardrock gold project in southwe Alaska, with NovaGold signing on as the operator. Donlin Creek deposit is one of the largest undeveloped gold resources in the world, with an estimated 23 million ounces. · Pogo: Exploration is in progress on an underground gold property 38 miles northeast of Delta with a minimum of 10.7 million tons of 0.52 ounces of gold per ton (5.6 million ounces). Teck-Pogo, Inc. is hoping to begin construction in 2003. It would be an underground mine with a surface mill pro- ducing up to 500,000 ounces of gold each year. · Kensington: Located northwest of Juneau, Coeur d'Alene's Kensington project is an underground mine ex- pected to produce about 200,000 ounces of gold per year from about 15 million tons grading about 0.133 ounces per ton. Coeur has launched a comprehensive optimization study at Kensington to enhance the economic return of the project. · Northwest Arctic Coal: A resource of about 1.2 billion tons of high-rank coal has been identified in three distinct fields. Arctic Slope Regional Corporation has test-mined in the Deadfall Syncline field. · Chuitna Project: A "green field" coal develop- ment located in the Beluga Field of Southcentral Alaska with a measured reserve of more than one billion tons. April 2002 Resource Review Pa~e 7 ESSENTIAL FISH HABITAT IS NOT N ECESSARI LY SSENTIAL (Continued from Pa~e ].) Supplemental Environmental Impact Statement (SEIS) to define the impact of EFH in FMPs. Until the impact of EFH is defined in the SEIS and EFH is included in the management plans, non- binding recommendations from NMFS will influence decisions of other agencies having oversight on a project. Those agencies must either use NMFS recommendations in permitting a project or explain why they disagree. Or, ce EFH is approved as part of a FMP, recommenda- tions become binding. To provide recommenda- tions, NMFS is interpreting and posting "life history" data for managed species. The maps for Alaska, posted at www. fakr. noaa.gov/maps/, help define the fishery habi- tat, but do not necessarily exemplify how essential that habitat is. Of particular note is the map of salmon, show- ing the predominance of watersheds throughout Alaska. With over 3,000 rivers in Alaska, that is a sig- nificant burden to objectively determine the difference between fish habitat and essential fish habitat and the potential of actions to adversely affect the fishery. What can be done with the new regulations? First, it is imperative to recognize the Council process is allocation- dominant. Rights to harvest managed fishery resources are decided in each meeting. Given that EFH has to be in- cluded as part of an FMP, it is essential that non-fishery in- terests join in the Council process and help define the extent of EFH for relevant FMPs (e.g. salmon). Secondly, it is important for vested interests to help support science in the man- agement decision of what is EFH and not allow decisions based on limited data. NMFS has managed the fisheries effectively in Alaska through resource assessment and con- servation. It has a proven record in the fishery, but needs good science to make good decisions. EFH should support fishery management and conservation, but not preservation, as seen by law- suits associated with Marine Mammal Protection Act or Endangered Speci'es Act listings. Third, Alaskans need to work with their congressional delegation which has worked diligently to ensure the sustainability of our fisheries. Alaskans share a common interest in seeing their land and natural resources respon- sibly developed while sus- taining the state's vital fisheries and local economies. Alaska is a great state with much potential. Let us not block that potential by meas- ures that are not supported with good science and are too broad-brushed to be truly "essential." Captain Bob Pawlowski serves on the RDC Board of Directors and is Alaska Program Manager for Thales Geosolutions (Pacific), Inc. Bob is surveying fishery habitats in Alaskan waters. With over 3,000 rivers in Alaska, NMFS will be challen~'ed to objectively deter- mine thedifferenCe between fish habitat and essential fish habitat, as well as the potential of actions to adversely affect the fishery. LAWSUIT FILED AGAINST EFH RULE Three counties in two Northwest states and several industry associations have filed a lawsuit against the U.S. Department of Commerce challenging the Final Rule issued earlier this year by the National Marine Fisheries Service (NMFS) on Essential Fish Habitat (EFH). The Alaska Forest Association, the National Association of Home Builders and several counties in Idaho and Washington, say the government did not adequately consider the adverse effects of the rule on non-fishing entities and that it will result in ex- cessive costs, delays and restrictions on land use and development activities that are near any waters capable of sustaining fish. The rule will directly affect any industry in Alaska operating on land containing rivers, streams and wetlands that are subject to broad EFH designations. Industry activities are heavily regulated by federal and state laws. But the new rule, once implemented, will bring additional oversight by NMFS of non-fishing activities far inland and previously outside its jurisdiction. Projects potentially impacting EFH will be re-. quired to undergo consultations with NMFS, which in turn will issue recommendations to state and federal agencies having authority over the activity. The North Pacific Fisheries Management Council is preparing to implement the rule through a Supplemental Environmental Impact Statement that will guide fishery management plans for Alaska. Last year RDC urged NMFS to identify and describe EFH through specific criteria that limits its extent to offshore marine or estuarine environments that are truly essential for fish. Pa~e 8 April 2002 Resource Review www.akrdc.or~ G'RAN:T The-' Pacifici.' Lumber 'i K~tchikan $570'000- tlon · polrt'nme s, re-- tumng..~t The.-project. stage' for,", additiOnal"::ihfra:'''' structure adjacent to the drY kiln for second~ 'manuhc: turers. The. :'.kiln ' .: Will result in ~:"'?' ' . %- .- _ .- -.~'7_ UPCOMING FIDC EVENTS April 18: May 2' May 16: June 5: June 12' Thursday Breakfast-Petroleum Club Southcentral Power Projects and Issues Tony Izzo, Enstar Natural Gas Company Eugene Bjornstad, Chugach Electric Assoc. Thursday Breakfast-Petroleum Club Placer Dome & Alaska: Perspectives from Donlin Creek and Beyond Joe Danni, Placer Dome Exploration, Denver Thursday Breakfast-Petroleum Club Program TBA RDC Annual Meeting Luncheon Native Corporations: The Future Face of Alaska's Economy Jacob Adams, Arctic Slope Regional Corp. Carl Marrs, Cook Inlet Region, Inc. Marie Greene, NANA Regional Corporation Chris McNeil, Sealaska Corporation (Invited) Sheraton Anchorage Hotel Janie Leask, Moderator Alaska Coal Classic Golf Tournament Anchorage Golf Course (Proceeds benefit AMEREF) 2002 LEGISLATIVE FLY-IN BOARD ADDRESSES INDUSTRY PRIORITIES A strong contingent of RDC board members representing the oil and gas, mining, timber, fishing and tourism industries hit the halls of the Capitol building in Juneau last month to highlight priorities and concerns ranging from the need for a comprehensive fiscal plan to per- mitting and regulatory issues. Board members met with Governor Tony Knowles and DNR Commissioner Pat Pourchot, as well as the House and Senate leadership. Meetings were also held with the House and Senate Resource and Finance Committee co-chairs and other key legislators. RDC was also briefed by Juneau Mayor Sally Smith on Southeast Alaska issues. Rep. Gretchen Guess of the Fiscal Policy Caucus also briefed the board on a bi-partisan Above, Board and staff meet with House Speaker Brian Porter and Majority Leader Jeannette James.Top inset, Governor Tony Knowles meets with the board. At right, Executive Director Tadd Owens and Executive Committee member John Shively meet with Rep. Ben Stevens. plan to fix the fiscal gap through Permanent Fund earnings, income taxes and other revenue measures. (907 276-0700 April 2002 Resource Review PaCe9 Juneau, Fairbanks and Nome were all founded on the discovery of ~old. A slogan adopted by a Fairbanks elementary school reads, "If it weren't for ~old, we wouldn't be here." Below, RDC Board member Elizabeth Rensch looks over an old minin~ dred~'e near Nome. MINING AND ALASKA'S ECONOMY The Southeast Alaska Conservation Council and the Northern Alaska Environmental Center recently released a report by University of Montana economics professor Michael Power on the Role of Mining in the Alaska Economy. The 40-page report downplays the importance of mining in the 49th state's economy by comparing its contribution in the larger context of oil and gas revenues. It is no secret that noth- ing really can, and probably never will, compare to the revenues generated by oil and gas development. What is most troubling and deceiving about the new report is how it minimizes the importance of mining to local economies. This is simply wrong because the positive economic impacts large mining operations create are very sig- 'nificant to Alaska in the form of high-paying jobs, property taxes and economic growth and diversity. The report gives the impression that wilderness over resource extraction would be more beneficial to the economy, yet it doesn't clearly show what would sustain the economy in the absence of resource industries. The report does correctly point out that service sector and retail jobs are replacing lost timber, mining and oil jobs. However, how can service jobs continue to grow or be sustained When basic industry jobs have disappeared and facilities have closed? It's no wonder the report has been criticized sharply in Southeast Alaska where deteriorating economic conditions have led to rising poverty and business closures. The report in general disregards the overall impact mining has on Alaska's economy and local communities. Take Juneau, for example, where the Greens Creek Mine is the largest private employer with a $28 million annual payroll, providing the highest-paying jobs of any local employer. Greens Creek is the largest property taxpayer, al- though the mine doesn't receive any services from the local govern- ment. The company's employees living in Juneau also pay property taxes. And both employee and company support local charities, doctors, banks, contrac- tors and a wide variety of other businesses. The report down- played these economic factors and neglected to take into account the $17 million Greens Creek spent on supplies, much of which went to Alaska businesses. Greens Creek also spent another $3 million locally with contractors. The Greens Creek story is familiar to Fairbanks where the Ft. Knox mine is a major contributor to the economy. In a recent speech before RDC, Borough Mayor Rhonda Boyles pointed out that the mine is the largest taxpayer in Fairbanks and its high payroll and expendi- tures for supplies are vital to local businesses. As oil production declines and resource development in general becomes a smaller pillar in the economy, funda- mental changes are beginning to emerge. The replacement of high-paying jobs with lower-paying service jobs has resulted in a sharp decline in household income. Government reports have ra cently shown that Alaska . the only state to show a de- cline in median household income. Moreover, between 1992-' 1999, Alaska was 49th in growth of gross state product and that over the last decade the per capita income in the state has grown by only one percent while it has climbed 14 percent on average across the Lower 48. Could it be the relentless actions of non-development interests have finally begun to show in economic data? Alaska's economic vital signs are in critical condition yet there's opportunity to re- verse the negative trends by capitalizing on the wealth of natural resources that exist here. Alaska can develop its resources responsibly while protecting the beauty of th Greatland. Pa~e l0 April 2002 Resource Review www. akrdc.or~ WHAT Is RDC? RDC is the Resource Development Council for Alaska, Inc., a statewide nonprofit, membership- funded organization made up of individuals, local communities, Native corporations, organized labor and businesses from all resource sectors, includin~ oil and ~as, mining, fishing', timber and tourism. Throu~'h RDC these interests work to~ether to pro- mote and support responsible development of Alaska's resources. RDC was formed in Ig75, ori~'inally as the Or~[anization for the Management of Alaska's Resources (OMAR). Today RDC is a consensus buildin~ organization iinkin~ diverse interests. It has become a leader in resource education from the classroom to the newspaper. GetinVoived and help RDC advocate and educate for the future. MEMBERSHIP APPLICATION Resource Development Council for Alaska, Inc. 12]. W. Fireweed Lane, Suite 250, Anchorage, AK 99503-2035 Phone: (907) 276-0700 Fax: (907) 276-3887 Name: Title: Company: Mailing' Address: City/State/Zip: Phone/Fax: E-mail Address: Website: ANNUAL MEMBERSHIP CATEGORIES CORPORATE INDIVIDUAL PLATINUM $;2~[00 or more $;500 or more GOLD $;1200 $;300 SILVER $;600 $;150 BASIC $;300 $;50 PLEASE CIRCLE 1 OR 2 TOPICS OF MOST INTEREST: Oil & Gas Transportation Water Timber A~'riculture Tourism Mining' Energy Land (Wetlands) Fisheries Labor Education/AMEREF METHOD OF PAYMENT: MC/VISA/AMEX # Enclosed is a check for $; or Exp. Date: The Resource Development Council for Alaska, inc. is classified a nonprofit trade association under IRS Code 501(c)(6). Membership dues and other financial support may be tax deductible as an ordinary and necessary business expense, however, ].5.9% of the dues are non-deductible. Dues are not deductible as charitable contributions for federal income tax. Minerals Commission Recommendations (Continued from pa~'e '~) facilitate mining activity, including the reconstitution of a core permitting team at the Alaska Department of Environmental Conservation and continued funding for airborne geophysical surveys. Recommendations of the Commission included using third-party contractors to provide permit development support, updating water quality standards by adopting criteria approved by the Environmental Protection Agency and de- ,i~eol~lPuitnagn a plan for state administration of the National t Discharge Elimination System program. The Commission also recommended working with user groups to develop mixing zone regulations that will not adversely affect fish spawning areas or include plans to mitigate anticipated adverse impacts. Other recommendations included research on important topics such as arsenic toxicity, total dissolved solids and pH; reinstating a centralized, systematic navigability program ~within DNR and encouraging a new process for approval of permits for road, rail and powerline projects to help develop infrastructure. In its overview of the industry, the Commission's report noted a substantial decline in metal prices and a subse- quent decrease in exploration and development investment. However, production at both Red Dog and Ft. Knox mines is expected to increase this year, and recent news of larger-than- expected reserves at Donlin Creek bode well for the industry. (907) 276-0700 April 2002 Resource Review Pa~e 11 . - ~..~m~-: ,.:./--~. ~.~.--:.. For e 60 year~; Usibelli Coal Mine's production has grown to 1.5 million tons of coal per year supported by the most modern mining equipment and state- of-the-art engineer- ing. UCM could mine for another 100 years on their active coal leases and still have only scratched the surface. Usibelli buys supplies and services from over 150 Alaskan businesses 'UCM's coal is one of~ the lowest sulfur coals produced in the world. Additional en- vironmental benefits include a low nitro- gen and a high cal- cium content. These environmental attrib- utes, along with quick burning characteris- tics, make UCM's coal increasingly attractive as an efficient, clean energy source. 5,500 acres have been reclaimed and over 235, 000 seedlings planted 100 Cushman Street. Suite 210 Fairbanks, AK 99701 (907) a52-2625 info@usibelli.com ° www. usibelli.com The federal government invests millions in a fuel that doesn't pollute our environment--that fuel is coal. Clean Energy for Alaska's Future ADDRESS SERVICE REQUESTED Growing Alaska Through Responsible Resource Development 121 W. Fireweed, Suite 250, Anchora~'e, AK 99503 PRSRT STD U.S. PostaRe PAID Anchora~'e, AK Permit No. 377 April 2002~ Volume ~5 ............. ~ssue 4 Visit us at: www. SoldotnaChambe~.com Email us at: info~5oidotnaChambe~.com /~AA I~ K YOUR i~ CALEI~I~AP. Peninsula River Skate Soldotna Sports Center ...April 6-7 Home Show Soidotna Sports Center ...April 13-14 Sport Recreation & Trade Show Soldotna Sports Center ...April 26-28 Check out the · following fl.ye~ inse~ts in this newsletteH P~OFESSZON~LZS~ & LE~E~S SE~AR P~NT Wor~ S~~ CLuB ARK~~ S Loc~~ OL~O~ S~O~ Thank You to the Following Businesses for your donation to our St. Patrick's Day Dinner & Auction It was a great event! ACS Wireless Agrium Kenai Nitrogen Operations Alaska Horsemen Trail Adventures Alaska Railroad Corp. Alaska Sealife Center Alaska Sports Den Alaska Wildland Adventures Alaskan Physical Therapy Altman, Rogers & Co, CPA Artworks Audio Concepts Bead it Beemun's Variety Big Game Alaska Birch Tree Gallery Blockbuster Video Buckets Sports Grill Candy Bouquet Capt. Bligh's Lodge & Guide Service Class Act Guide Service Creative Memories Curves for Women Donna's Country & Victorian Gifts First American Title of Alaska Fitness Place Four D Carpet One Frames & Things Art & Gift Gallery Gone Fishin Lodge Gmat Alaska Car Co. Grossl Photography Gwin's Lodge Hey Good Lookin J B Stor 'N Lok Jersey Subs Joanne Fabrics K-Beach Kabins Kenai Peninsula College Kenai Peninsula Harley Davidson & Buell Kenai Peninsula Visitor Center Kenai River Sportfishing Association Long Live the Kings Mail Boxes Etc. Major Marine Tours Map Shop 'Mary's Hairstyling Sundog Serigraphics Sweeney's Tarma Grooming Tesoro The Cake Lady The Oil Exchange Tustumena Lodge Ulu Maker United Rentals Fireworks Sponsored McDonald's Restaurant Moose is Loose Mykel's Restaurant Napa Auto Parts Natron Air NorthCountry Fair Olga's Jewelry Peninsula Beauty. Supply Peninsula Clarion River City Books Riverside House RJ's Tool Sharpening Short Stop Golf & Games Schucks Auto Supply, inc Soldotna Church of God Soldotna Country Liquor Soldotna Florist Sterling Needleworks Stub's Office Supply Sugar Magnolias Sun n Fun Travel in part by Wells Fargo & Phillips Board of Directors President Lisa Wimmer Wells Fargo 262-4435 Past President Mike Frost I st National Bank Alaska .......... 260-6023 President Elect Barbara Elson Individual 283-3403 Vice President Dena Cunningham McDonaids 262-2221 Secretary/Treasurer Robyn Sullens Seekins Ford 262-5497 Dan Mortenson Four D Carpet One 262-918~ Paul Gray Exploring Alaska w/Paul Gray 262-9O08 Betty Obendorf Individual 262-9890 Tim Pope Natron Air 262-8440 Mike Sweeney Sweeney's Clothing 262-5916 Jim Stogsdill City Council Seat 262-5622 Torn Janz Peninsula Clarion 283-755~ Terry Coval K-WAVE/KPEN-K-BAY/KGTL Radio 283-7423 Staff Executive Director Justine Polzin Visitor Center Coordinator Shanon Hamrick Member Service Manager Erica Williamson Bookkeeper Nita Fena Soldotna Chamber of Commerce Phone 262.9814 Fax 262-3566 River City Pull Tabs 260-6100 SOLPOTNA a r/vet Save the Date! For commercial operators conducting business in: Katmai National Park and Preserve, Lake Clark National Park and Preserve, Aniachak National Monument and Preserve and the Alagnak Wild River Attendance at ONE of these meetings is mandatory and required for a 2002 Incidental, Business Permit DATE: PLACE: LOCATION: TIME: April 11 (Thur): Kodiak. Buskin River inn (1395 Airport way) 7:00 pm April 17 (Wed): Kenai, April 18 (Thur)' Homer. Kings Inn (10352 Spur Hwy) · Alaska Maritime Nat'l Wildlife Refuge Visitor Center (Sterling Ave.) May 1 & 8 (Wed)' Anchorage, West Coast International inn (3333 W. Inter. Airport Rd.) May 31 (Fri): lliamna, Rainbow King Lodge June 1 (Sat)' Port Alsworth, National Park Service Center June 4 & 5 (Tue & Wed): King Salmon, Quinnat Landing Hotel 7:00 pm 7:00 pm 7:00 pm 7:00 pm 7:00 pm 7:00 pm Domestic Violence Education Seminar Mondays 4- 5:30 PM Kenai Peninsula College Room 132 April 1' What is Domestic ' visience, Pattems of Abuse April 8: Pattems of Abuse continued, Effects of domestic violence on children April 15: Domestic Violence & Religion April 22: What to look for in Relationships, Supportive Services For more Info, call WRCC at 283-9479 ,_;' The Chamber would ~'~ ~~':;!~ like to welcome ~i '~!i~j our new .,~.~.~,~ Vi s i t o r C e nte r '~ - Coordinator, :"::~' '~'"'"~:~-~:.::~ Shanon Homrick Shanon was born in Soidotna sho~ly a~er her parents moved here from Maine in ~ ~74. She ~mduated from Sk~iew ~i~h School in ~ ~3, and then attendod Kenai ~eninsula where she received a ce~ificate in Word Information ~rocessin~. For tho past six and a half years, Shanon has worked for the ~enin- sula Clarion in Konai, where she became the composition supe~isor in ~~. Shanon says she loves Alaska, os~ociaily the Kenai ~enin- sula, an0 is Iookin~ fo~ard to becomin~ more involve0 with the community. Come on mom bed Marketing Opportunity... We will brirg¥our br chures to the Fa]ri~anks Ou~- doors Show. Bring a two inch stack to the Chamber office by April 17. Also, we need your br°- chures in the Visitor Center. Come on in and check to see if we have enough brochures to get us through the sum- mer. if you know we need more brochures bring in a stack of six to eib;Iht inches thick. We would re-ally appre- ciate it, since the rack bins are getting Iow. Don't miss this marketing opportunity. 60,000+ visitors a year! These are the new members for the month of March Special Welcome to our NEWEST Members! Alaska Salmon Connection,llc Tyler Meinhold PO Box 1947, Homer (800) 281-5464 Independent Living Fishing Charter Center, Inc Brian Bennett PO Box 1907, Soidotna 262-6333 Non-Profit Organizations Moose River Resort & Hot Tub Jaci & Mike Stasak PO Box 48, Sterling 262-9777 Accommodations- Cabins Potter's House B&B Polly Crawford 43880 Supreme Court, Kenai 283-5307 ~2~ LOCAL STUDENTS HONORED AT CHAMBER LUNCHEON The March students of the month were; 5oldotna High School's baniella Pe~,.--~-""~n and 5kyview High School's 3'osh Rowell. The 5oldotna CI ~. of Commerce feels these exceptional young people deserve ~ sp~cml recognition. On March 26, ?002 these fine young students were presented with a certificate and a lunch. We would like to thank Bob 5izemore for sponsoring the 5oldotna Chamber of Commerce Student of the Month program. KEEP UP THE GOOD WORK... YOU'RE OUR FUTURE CHAMBER MEMBERS! 'Bridge Named to Honor Soidotna Soldier HB 374 Would Memorialize Alaska's Gulf War Casualty The house passed a measure that would name the Sterling Highway Bridge spanning the Kenai River at the Soidotna in honor of David Douthit, who was the only Alaskan to give his life in military service during the 1991 Gulf war. Rep. Ken Lancaster introduced House Bill 374 to name the bridge David Douthit Veterans' Memorial Bridge, to preserve and honor the memory of an Alaskan who died far from his home, his state and his country, and whose ultimate sacrifice deserves to be memorialized. "David Douthit was the only Alaskan killed during the Persian Gulf war," Lancaster said. "He died for his country- -for our country--on Feb. 27,1991, serving on a bradley fighting vehicle as a gunner. David was a good friend and neighbor of mine for years in Soldotna, and this bill is ' "~,orted by the local community and by the local veter- Douthit was a sergeant in the U.S. Army. He is survived by his widow, Jessie, and their daughter, Rebecca; and by his parents, Nita and Harvey Douthit. HB 374 was passed unanimously by the house. The bill moves next to the Senate for consideration We'd Like to Thank Nichole Poizin giving out information. The $oldotna Chambe~ had a booth at the Healthy P. eople Healthy_ Communities Fai~. Nichole Polzin filled in at the Chambe~ while we were looking fo~ a new Visito~ Cente~ Coordinator. St. Patrick's Day Dan. Mo.enson Handing out'Lucky" 2002 .... . : "BUcks at~e'.Parade'..' :":': ':"' ':' ' ' ' ~' ":'~l · ~:' .i~..:~ ...... : th · ~.:~,~:,~,:.,;,:.~:~.:~ .': ~ The 11, Annual Soidotna St. '~' ...... ;*"'"~'~' ......................... ~ ~~ Patrick s Day Celebration was truly ~~ a successful event enjoyed by ~ , ... man inthec · ~~~ y ommun~. Special ~[~ ~;..,;¢~;;~:.:;=:, thanks to evewone who entered the ~~~" parade, to those who lined the ~~ streets to watch as the procession ~;~;~:~'? '~' ~~~j went by, to Bailey's Furniture for the :~!;::~:~~ ..:,~,:,:,::;:;~?::;.~;~C~ ~~~ use of their lot for the parade ~~ staging area and Mike Sweeney for organizing the parade and line-up. We also would not have been able to do the arade without the help and suppod of our local police force- THANK YOU! Many local merchants filled out the Lucky Leprechaun Dollars, which were handed out to the spectators and dese~e a big thank you for padicipating in the event. Many people attended the corned beef and cabbage dinner, prepared by the Sterling Senior Center. We wish to extend our sincerest appreciation to all of the businesses that provided merchandise and services for this function, as well as to those who bought the items throughout the night. Thank you also needs to go to the Skyview Mock Trial Team and Future Problem Solving Students for serving all of the dinners and helping with the clean up. The grand finale fireworks display was better than ever and enjoyed by the residents of our community. Special thanks to the following fireworks sponsors: Wells Fargo and Phillips Alaska, Inc. We would like to extend our appreciation to Griz Smith (Fire Art by Griz) for the spectacular show as well as Central Emergency Services for all of their help. We appreciate all of the coverage provided by the local media. Norm Blakeley (Blakeley's Auction Co.) also deserves a huge thank you as he donated his auctioning professionalism, which contributed to the success of our auction. And, last but not least, kudos to the decorating committee, Sammie Cole, K'Beach'Elementary kids. in'the parade. Barbara Elson, Betty Obendorf and the Chamber staff- another wonderful event! On behalf of the Soidotna Chamber of Commerce, our thanks to everyone who helped to make this year's celebration a memorable occasion. NOWOPEN Aspen Hotel of Soldotna is now up_and_'running and ready for customers. This is the first .hotel_ on the Kenai Peninsula with a pool and spa suites. Hotel rooms start at $79 per night for a deluxe room and $99 per night for a spa, family, or extended suite. ~3~ $oldotna Chamber of 44790 SteHing Hwy. $oldotna, Al( 99669 Comme~ce City of Kenai Mayor John Williams 210 Fidaigo Ave. Kenai, AK 99611 Mission Statement: "To provide enhanced success of our membership and serve as a driver in developing 5oldo Yna 's future.. The 5oldotna Chembe~ COnnection is e monthlY publication of the 5oldotna Chambe~ of Commerce. This publication i~ ~ent to member~ ~nd associated organizations. There are many ways to submit story ideas (or stories themselves): Call Us! ~62-9814 Mail Us! 44790 Sterling Hwy. 5oldotna, AK 99669 Fc~x Us! 262-3566 Emaii Us! info~soldotnachamber.com Reach on audience right in your own bockyord; advertise in your Chamber Newsletter! Rates Business Card Size SZO Full Page (]~nsert Only)-One ~ year is FREE $ 30 All ~ates are for one camera-ready advertisement fo~ one isst of the ~'~ambe~ ¢'~#e~'/~#. All ads must be ¢ecieved no late~ than the 15th of the month preceding publication. Send you~I artwork to the Chambe~ office or call us at Z6Z-9814 fo~ morel informationl MAKE 23 PACKETS COUNCIL PACKET DISTRIBUTION ¢OUN¢:EL ~EETING bATE: Mayor/Council y~ Attorney / ToyIor/$prin~er/Kebschull Clerk ~x City Mana~ler / Public Wo~ks Police Deportment ~ Finonc~ ~'En~in~e~ Senio~ C~nte~ / Airport / Klm Libror7 / Parks & Recreation ~ Clarion Fire beportment / KVCB AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shop bock Building/Maintenance Animal Control Wate~/$ewe~ Counte~ Fax by compute~ to Contacts; Agenda List: Microsoft Fax from printer list; Address Book; Assembly Members KSRM HEA Kenai Chamber of Commerce ~Ton Littl~ (baily N~ws/$oldotna) KV¢¢ KDLL DELZVER Council Packets 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 faxed as soon as possible afte~ Noon on p~cket d~¥. The camera-ready agenda (c:/myfiles/documents/minutes/ogendo form for paper)is emeiled to the Pen/~sula ~'larion (at email Contacts) and a copy is faxed to Denise et the ~/ar/on also. Home Page documents (agenda, resolutions and ordinances for public hearing) are placed in the Clerk's HTML file. Place them onto the city's website with Front Page from there os soon os possible. AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 17, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci. kenai.ak, us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Philppa SOnnichsen/is KPHA Pee Wee C Hockey Team -- Season Update 2. James Shill, Ex. Director/Central Peninsula CounselinE Services -- Proposed Residential Treatment Center for Adolescents. ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1951-2002-- Increasing Estimated Revenues and Appropriations by $12,200 in the Terminal Enterprise Fund for Roof Repair. 2. Ordinance No. 1952-2002 -- Increasin§ Estimated Revenues and Appropriations by $15,600 in the Council on A~.n§-Tifle III Fund. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote} c. Motion for Adoption 3. Resolution No. 2002-17 -- Awarding the Bid to Kenai Chrysler Center for a 2002 Police Patrol Car for the Total Amount of $21,606. 4. Resolution No. 2002-18 -- Pursuant to KMC 22.05.045, Setting the Rate of Interest to be Included in Notes Taken on Sale of City Lands. 5. Resolution No. 2002-19 -- Awarding the Bid to Peninsula Roofing, Inc. for I~enai Municipal Airport Roof Repairs 2002 for the Total Amount of $$7,126, Which Includes the Basic Bid and Additive Alternate. 6. Resolution No. 2002-20 -- Awarding the Bid to Alaska Pipe and Supply for I~enai ARFF/SRE Facility Breathing Air System for the Total Amount of $30,403.28. 7. Resolution No. 2002-21 -- Awarding a Contract to NC Machinery Co. for a Caterpillar 14H Motor Grader for the Total Amount of $273,394. $. *Transfer of Liquor License -- Kenai Golf Course Cafe, Inc., d/b/a Kenai Golf Course Cafe -- Restaurant/Eating Place to Gary Eo & Susan L. Schnelting, d/b/a, The Hole-N-One. 9. *Application for Restaurant DesiEnation Permit -- Gary E. Schnelting & Susan L. Schnelting, d/b/a The Hole-N-One. ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1953-2002 -- Increasing Estimated Revenues & Appropriations by $3,000 in the Senior Citizen's Title III Grant Fund for a Grant From the State of Alaska and Transferring Grant Match Money from the Borough Grant Fund. 4o Approval-- Kenai Golf Course Restaurant a. Cancellation of Lease and Consent to Cancellation of Lease (Kenai Golf Course Cafe, Inco and Richard Morgan) b. Sublease A~reement and Consent to Sublease A~reement (The Morgan Family Limited Partnership and Gary E. and Susan L. Schnelting). 5. Approval -- Special Use Permit/Kenai Airport Fuel Services 6. Approval -- Kenai Watershed Forum Memorandum of ^~reement 7. Discussion -- Schedule Board of Adjustment Hearing/Appeal of Planning & Zoning Commission Denial of PZ02-15 Variance Permit for an Overs/zed Si~n at 9711 Kenai Spur Highway -- Challenger Learning Center of Alaska. 8o Discussion -- R&J Seafoods/Request for Reduction in Lease Rates 9. Discussion -- Local Improvement District -- Pillars Subdivision/Report to Council. EXECUTIVE SESSION -- Personnel Matters ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at http://www, ci.kenai.ak.us Carol L. Freas, City Clerk D383/211