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Home My WebLink About2002-06-05 Council PacketKenai City Council Meeting Packet June 5, 2002 AGENDA KENAI CITY COUNCIL- REGULAR MEETING JI~E 5, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htm://www, ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: ,, PUBLIC HEARINGS o Ordinance No. 1956-2002 -- Amending Title 14 to Establish an Education Zone and Change Several Sections of the Kenai Municipal Code to Include the New Education Zone as Noted on Attachment A. Code Sections Affected are: 14.20.030(a); 14.20.075{b); 14.20.220{c}; 14.22.010 {Land Use Table); 14.24.010; and 14.25.020. , Ordinance No. 1957-2002 -- Amending KMC 14.20.154(a)(2) to Eliminate the 150 Feet Buffer Between the Surface Extraction of Natural Resources and the Adjoining Property if the Adjoining Property is Also a Permitted Site for the Surface Extraction of Natural Resources. . Ordinance No. 1958-2002 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2002 and Ending June 30, 2003. , Resolution No. 2002-28 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 2, 2002 and ending June 30, 2003. , Resolution No. 2002-29 -- Transferring $10,000 in the General Fund Non-Departmental Department for Purchase of a Copier. , Resolution No. 2002-30 -- Transfemng $32,000 in the Police Department for the Purchase of a Patrol Vehicle. -1- , . ITEM D: . 2. 3. 4. 5. 6. 7. ITEM E: . ITEM F: ITEM G: ITEM H: . . , . , ITEM I: Resolution No. 2002-31 -- Directing the Continuation of the Project Entitled Pillars Local Improvement District and Designating What Improvements are to be Included in this Project. Resolution No. 2002-32 -- Awarding the Bid to Hanson's Roofing for Kenai Wastewater Treatment Plant Roof Repairs- May 2002 for the Total Amount of $34,750. 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 MINUT~ *Regular Meeting of May 15, 2002. CORRESPONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 1959-2002 -- Increasing Estimated Revenues and Appropriations by $57,255.85 in the Wellhouse No. 4 Capital Project for the Balance Remaining on a State Grant. Approval -- Consent to Assignment for Security/John P. and Kal-in L. Gensel, d/b/a Creative Childcare LTD. Discussion -- Local Improvement District -- Basin View Subdivision (Dolchok Lane, Kim-N-Ang Court and Cub Court)/Report to Council. 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- Personnel issues. ITEM L: ADJOURNMENT -3- MAYOR'S REPORT JUNE 5~ 2002 REGULAR COUNCIL MEETING ADD TO: CHANGES TO THE AGENDA I-1, Report of the Mayor -- Kenai Peninsula visitor map advertisement. REOUESTED BY: CONSENT AGENDA CHANGE: PLEASE INCLUDE THE FOLLOWING CHANGE TO THE MAY 15~ 2002 COUNCIL MEETING MINUTES WITH THE APPROVAL MOTION: Page 3, Paragraph beginning with "Councilman Moore,~' third line... "Snow reported [SHE HAD MET AT THE SITE WITH] Lt. Kopp, Bob Frates, Director of Parks & Recreation, Mr. Perrizo {the owner of the adjacent property), Robert Ruffner of the Kenai Water Shed Forum, and three representatives of Alaska Fish and Game[.] met at the site [SNOW EXPLAINED THEY HAD] and viewed the area very early that morning and had talked about sign placement, problems Mr. Perrizo might experience, and parking. CLERK MAYOR'S REPORT le rr ~ZO~ 0 Z 0 Z rr ~Z~ o o<<~~ ~ ~Z~ 0 ~ ~Z~ o<~~ May 13, 2002 Kenai City Council To Whom It May Concern: RE' Slash pile behind 1215 Lilac Lane in Kenai We, the undersigned, protest the huge pile of slash that was piled up behind our house last year and then left to rot. This gigantic mess is not only an eyesore but also a major fire hazard. We work hard to keep our home and property neat and clean, and would like to request that whomever is responsible for this be required to clean it up imanediately. Thank you. Sjncerelv, JOhn E. McGarry 1215 LiIac Lane Kenai, AK 9961 (907) 283-625 ! Suggested by' Administration CITY OF KENAI ORDINANCE NO. 1956-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 14 TO ESTABLISH AN EDUCATION ZONE AND CHANGE SEVERAL SECTIONS OF THE KENAI MUNICIPAL CODE TO INCLUDE THE NEW EDUCATION ZONE AS NOTED ON ATTACHMENT A. CODE SECTIONS AFFECTED ARE: 14.20.030(a); 14.20.075(b); 14.20.220(c); 14.22.010 (LAND USE TABLE); 14.24.010; and 14.25.020. WHEREAS, 1) the Kenai Central High School, Kenai Middle School, the Ted and Catherine Stevens Challenger Center and the Kenai Multi-purpose Facility; 2) Sears Elementary; and 3) Mountain View Elementary are located on large tracts of land; and, WHEREAS. the land use needs of those facilities do not properly match any of the existing city zone classifications; and, WHEREAS, there is a need to establish an education zone to provide for the land use needs of areas designated primarily for educational needs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Kenai Municipal code is amended as follows in Sections 1 through VII in Attachment A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of June, 2002. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted' Effective' May 15, 2002 June 5, 2002 July 5, 2002 CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ~2-21 A RESOLU~ON OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF I~NAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT TITLE 14 BE AMENDED TO ESTABLISH AN EDUCATION ZONE AND CHANGING SEVERAL SECTIONS OF THE KEN~ MUNICIPAL CODE TO INCLUDE THE NEW EDUCATION ZONE. , WHEREAS, 1) the Kenai Central High School, Kenai Middle School, the Ted and Catherine Stevens Challenger Center and the Kenai Multi-purpose Facility; 2) Sears Elementary; and 3) Mountain View Elementary are located on large tracts of land; and WHEREAS, the land use needs of those facilities do not properly match any of the existing ciKy zone classifications; and WHEREAS, there is a need to establish an education zone to provide for the land use needs of areas designated primarily for educational needs; and NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that the Kenai Mumcipal code be amended as follows in Sections 1 through VII in Attachment A. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8th day of May 2002. SECTION I KMC 14.20.030 (a) Adoption of Zones and Zoning Map. The City of Kenai is hereby divided into the following zones: Conservation Rural Residential Suburban Residential Rural Residential (One and Two-family) Suburban Residential (One and Two-family) Suburban Residential (One and Two-family) Urban Residential Central Commercial C Zone RR Zone RS Zone RR- 1 Zone RS- 1 Zone RS-2 Zone RU Zone CC Zone General Commercial CG Zone Light Industrial IL Zone Heavy Industrial IH Zone Recreational R Zone Townsite Historic Education Zone TSH Zone 'ED Zone Ordinance No. 1956-2002 Attachment A Section il KMC 14.20.075 Education Zone (a) Intent: The EdUcation Zone is intended to provide for an area primarily of education and related uses such as schools, dormitories for educational purposes, parks and recreation, libraries and museums. (b) Principal Permitted Uses: As allowed in the Land Use Table. (c) Conditional Uses: As allowed in the Land Use Table. (d) Accessory Uses: As defined (see Definitions). (e) Home Occupations: (f) Development Requirements: As described in the Developments Requirement Table. (g) Parking Requirements: As required by this chapter. Ordinance No. !956-2002 Attachment A SECTION III 14.20.220 Signs. (c) Commercial [AND], Industrial and Education Zones. For the purposes of this section, the following disctricts shall be considered commercial districts: CC, CG, IL, [AND] IH an..d. ED. Ordinance No. 1956-2002 Attachment A SECTION IV 14.22.010 Land use table. KEY: P = Principal Permitted Use NOTE: Reference footnotes on C = Conditional Use following pages for additional S = Secondary Use restrictions N = Not Permitted Table 1 of 4 Ordinance No. 1956-2002 Attachment A SECTION V FOOTNOTES (1) Allowed as a secondary use except on the ground floor of the part of the building fronting on collector streets and major highways. (2) One (1) single-family residence per parcel, which is part of the main building. (3) Allowed as a conditional use, subject to satisfying the following conditions: (a) The usable area per dwelling unit shall be the same as that required for dwelling units in the RS zone; (b) The site square footage in area must be approved by the Commission; (c) Yards around the site, off-street parking, and other development requirements shall be the same as for principal uses in the RR zone; (d) Water and sewer facilities shall meet the requirements of all applicable health regulations; (e) The proposed dwelling group will constitute a residential area of sustained desirability and stability; will be in harmony with the character Of the surrounding neighborhood, and will not adversely affect surrounding property values; (f) The buildings shall be used only for residential purposes and customary accessory uses, such as garages, storage spaces, and recreational and community activities; (g) There shall be provided, as part of the proposed development, adequate recreation areas to serve the needs of the anticipated population; (h) The development shall not produce a volume of traffic in excess of the capacity for which the access streets are designed; (i) The property adjacent to the proposed dwelling group will not be adversely affected. (4) See "Townhouses" section. (5) See "Mobile Homes" section. (6) Allowed as a conditional use, subject to "Mobile Homes" section and provided that any mobile home park meets the minimum Federal Housing Authority requirements. (7) See "Planned Unit Residential Development" section. (8) Allowed as a conditional use, provided that the proposed location and the characteristics of the site will not destroy the residential character of the neighborhood. (9) Allowed as a conditional use, provided that all applicable safety and fire regulations are met. (10) Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line. (11) Allowed as a conditional use, provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line and provided further that the proposed location and characteristics of the use will not adversely affect the commercial development of the zone. (12) Allowed as a conditional use, provided that the following conditions are met: (a) The proposed location of the use and the size and characteristic of the site will maximize its benefit to the public; (b) Exits and entrances and off-street parking for the use are located to prevent traffic hazards on public streets. (13) Allowed as a conditional use, provided that setbacks, buffer strips, and. other provisions are adequate to assure that the use will not be a nuisance to surrounding properties. The Commission shall specify the conditions necessary to fulfill this requirement. (14) Allowed as a conditional use, provided that no indication of said use is evident from the exterior of the mortuary. (15) Allowed, provided that the following conditions are met: (a) An uncleared buffer strip of at least thirty (30) feet shall be provided between said use and any adjoining property in a residential zone. (b) Exits and entrances and off-street parking for the use shall be located to prevent traffic hazards on the public streets. (16) See "Conditional Uses" section. (17) See "Conditional Use Permit for Surface Extraction of Natural Resources" section. (18) Conditional Use allowed only on privately held property. Not allowed on government lands. Ordinance No. 1956-2002 Attachment A (19) Allowed as a conditional use provided that ingress and egress from the property is from the' Kenai Spur Highway. (20)The airport and related uses allowed under this entry are aircraft approach zones per KMC 14.20.070(a). (21) Setbacks for use shall be the same as those listed in the "Development Requirements Table" for the RU/TSH zones. (22) Allowed as a conditional use in coniunction with a permitted use in the ED zone. For example~ housinq for teachers or students for a school in the zone. (23) Allowed as an accessory use in coniunction with a permitted use in the Ed zone. For example, a dormitory used to house students for a school or educational facility. Ordinance No. 1956-2002 Attachment A SECTION Vi 14.24.010 Minimum lot area requirements. KEY: N = Not allowed. DEVELOPMENT REQUIREMENTS TABLE ZONING DISTRICTS , C/RR I RR1 J RS I RS1 J RS2 J RU/TSH t IL, IH CC, CG I R I ED USES - Minimum Lot Area (in square feet) Single/Two/Three 20,000 20,000 7,200 12,500 7,200 7,200 20,000 20,000 Family Dwelling Four Family 20,000 24,400 9,600 N N 7,200 20,000 N Dwelling See individual , Five Family 22,400 N 12,000 N N 7,200 sections of 20,000 N .. Dwelling Code for Six Family 24,800 N 14,400 N N 7,200 i requirements. 20,000 N Dwelling Seven or Mo~e 27,200 + N 16,800 + N N 7,200 i 20,000 N Family Dwelling 2,400 for 2,400 for each unit each unit over 7 over 7 Note: 1. Listed square footages are the minimum required for each zone. 2. Greater lot square footages may be required to satisfy Alaska Department of Environmental Conservation (ADEC) requirements where on-site water supply and/or sewer is necessary. 3. Minimum lot size for non-residential uses in ED zone is 40~000 square feet. ZONING DISTRICTS C/RR RR1 RS RS1 RS2 RurrsH IL, IH CC, CG R ED Minimum lot width 90 90 60 60 60 60 90 90 (feet) · Minimum yard size . (feet) ..... Front~ 25 25 25 25 25 10 See individual 25 25 Sidez sections of One-story~ 15 15 5 5 5 5 Code for '15 1 Daylight ' 15 15 10 10 10 5 requirements. 15 .15- basement/split~ · · · . Level~ 15 15 15 15 15 5" 15 15. Two-story3 Rear 20 20 20 20 20 10'~ " 20 :.20.' Maximum lot 30% 30% 30% 30% 30% 40% 30% 30% coverage ..... , Maximum height 35 35 35 35 35 (feet) .... Ordinance No. !956-2002 Attachment A Section VII 14.25.020 Application. This chapter shall apply to all commercial and industrial development and all development of twenty thousand dollars ($20,000) or more in the Townsite Historic Zone (TSH) within the City of Kenai and shall apply to both the landscaping and site plans. "Commercial and industrial development", and "all development" shall be defined as any improvements requiring a building permit for new construction or any improvements of twenty thousand dollars ($20,000) or more, which adds square footage, located on properties within the Central Commercial (CC), General Commercial (CG), Heavy Industrial (IH), Townsite Historic (TSH), [AND] Light Industrial (IL) and Education (ED) zoning districts, it is unlawful for any person to construct, erect or maintain any structure, building, fence or improvement, including landscaping, parking and other facilities on property designated as a commercial tract unless such improvements are constructed or reconstructed in a manner consistent with the approved plan. Ordinance No. 1956-2002 Attachment A Suggested by: Administratic.. CITY OF KENAI ORDINANCE NO. 1957-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.154(a)(2) TO ELIMINATE THE 150 FEET BUFFER BETWEEN THE SURFACE EXTRACTION OF NATURAL RESOURCES AND THE ADJOINING PROPERTY IF THE ADJOINING PROPERTY IS ALSO A PERMITTED SITE FOR THE SURFACE EXTRACTION OF NATURAL RESOURCES. WHEREAS, currently KMC 14.20.154(a)(2) requires a 150 feet buffer between the permitted site of surface extraction of natural resources (usually a gravel pit) and neighboring property; and, WHEREAS, some of the surface extraction sites border other sites for surface extraction of natural resources; and, WHEREAS, the 150 excavation buffer between similar surface extraction of natural resources sites is not necessary; and, WHEREAS, this ordinance will not change the requirements to provide natural screening for such sites from roadway and inhabited areas nor change the 150 feet excavation buffer between a surface extraction site and non-surface extraction property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.154(a)(2} is amended as follows: The boundaries of the proposed excavation at its greatest dimensions, including back slopes, are at least 200 feet from any road or public right- of-way and at least 150 feet from other surrounding property lines, except that adioining ;)emitted surface extraction of natural resources sites are not required to maintain the above 150 feet excavation between sites. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of June 2002. ATTEST: John J. Williams, Mayor Carol L. Freas, City Clerk Introduced: Adopted: Effective: May 15, 2002 June 5, 2002 July 5, 2002 CITY OF KENAI PLANNING & ZONING COMMISSION RESOLU~ON NO. PZ02-22 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECO~ENDING TO THE COUNCIL OF THE CITY OF KEN~, ALASKA, AN AMENDMENT TO KMC 14.20.154(a)(2) TO ELIMINATE THE 150 FEET BUFFER BETWEEN THE SURFACE EXTRACTION OF NATURAL RESOURCES AND THE ADJOINING PROPERTY IF THE ADJOINING PROPERLY IS ALSO A PERMITTED SITE FOR THE SUBSURFACE EXTRAC~ON OF NATURAL RESOURCES WHEREAS, currently KMC 14.20.154(a)(2) requires a 150 feet buffer between the permitted site of surface extraction of natural resources (usually a gravel pit} and neighboring property; and WHEREAS, some of the surface extraction sites border other sites for surface extraction of natural resources; and WHEREAS, the 150 excavation buffer between' similar surface extraction of natural resources sites is not necessary; and WHEREAS, this ordinance will not change the requirements to provide natural screening for such sites from roadway and inhabited areas nor change the 150 feet excavation buffer between a surface extraction site and non-surface extraction property. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that that'KMC 14.20.154(a)(2) be amended as follows: The boundaries of the proposed excavation at its greatest dimensions, Including back slopes, are at least 200 feet from any road or public right-of- way and at least 150 feet from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above 150 feet excavation between sites. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 8m day of May 2002. Suggested by: Administrat .... CITY OF KENAI ORDINANCE NO. 1958-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That certain document entitled "City of Kenai Fiscal Year 2003 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 2002 and ending June 30, 2003. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 2002, and ending the 30th day of June, 2003, to be expended consistent w/th and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereofi General Fund $8,483,481 Airport Terminal Fund Congregate Housing Water and Sewer Fund Airport Land System Fund Boating Facility Fund Senior Citizen Title III Grant Fund Senior Citizen Title V Grant Fund Senior Citizen COA-Borough Fund 1984 / 86 / 93 Bond Issue Debt Service Fund General Land Sales Trust Fund Airport Land Sales Trust Fund 469,182 379,087 1,431,909 1,480,029 165,169 228,235 21,010 166,329 180,020 18,000 25,000 Ordinance No. 1958-2002 Page Two PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (05 / 09 / 2002) jl Introduced: Adopted: Effective: May 15, 2002 June 5, 2002 July 1, 2002 May 28th 2002 From; John Williams To: Council Members City Clerk Administration Subject; 2003 Budget Dear Council; I have been giving a considerable amount of thought to our budget situation over the last few day and I am sure that most of you have as well. I have made an honest effort to discuss the situation with members of the general public, friends, and neighbors, and as I am sure you have, I have received written comments from some quarters of the citizenry. Additionally, the signals that we are receiving from the Borough Assembly is that there will be no reduction in the mill rate from their quarter this year. After having cor~idered all of these comments I have come to the conclusion that to proceed along the path that is presently being taken will lead to an untenable situation for the Administration and especially for the City Manager. To place the responsibility of making cuts, many of which would undoubtedly be categorized as "Policy Decisions", and many others I am certain would meet with one council member or another's disapproval on her shoulders will only exacerbate an already tenuous situation. In my opimon, and borne out by our work sessions, the Administration has already handed us a very, slim budget. To cut it further will bring dissention upon this Council from several directions. I am theretbre proposing another alternative. In thinking about all of your comments there is one that continually pops in to mind. During one of our sessions Councilman Bookey said, (paraphrasing), it would be better to go back to the Administration's original budget and float for a year than to do what we have been doing. I have come to the point where I agree with Jim. In taking that approach we should still remain above the 4 million level in reserves, (if all goes well), and will still be on track to shift the revenue requirement next year, if necessary,. I am therefore willing to accept an amendment from the Council at the June 5th meeting that will do just that. In doing this I still want the council to clearly understand the past ramifications of not enhancing the revenue side of the equation sooner and so I am still going to point out some absolute facts. At the time the mill rate was set at 3.5 the City of Kenai was receiving well over $800,000.00 in Municipal Assistance and Revenue Sharing. This next budget we anticipate recei~ring around $300,000.00 Additionally as we all know we are running about $500,000.00 less in earnings from savings than last year. That is a cumulative loss of $1 million dollars in revenue with out an adjustment to the mill rate. Despite this loss, we have continued to post deficit budgets tbr several years. Most of this deficit has been spent on capital projects to our credit. ?rojects that have not only met with citizens approval but have enhanced the economy as well. Again to our credit. Without seriously jeopardizing the City's finance's we will be unable to continue doing this. What this means is that even if an opportuni .ty to partner on a good project comes along, we will have to consider the ramifications and might even have to pass unless the revenue picture changes in the near future. Additionally during my review of all aspects of the budget, one area that still troubles me is the issue of salary and benefits to our employees. As you know council has decided to tbrego for the second year a cola for these people. Comments have been made that they all get raises in the form of step increases. Not so. Step increases only come every, two years tbr some employees. For others who are among the most valuable because of their many years of service, there is no increase. I know of some employees who have not had a step increase for over 10 years. With no cola, they tall further behind on the economic scale with each passing budget. Please do not lay the private sector scenario on this discussion. I will guarantee you that in many areas of the private sector employees of like skills are doing far better than our own city, employees. I have reviewed within the last month both the Federal and State xvage and standards requirements and they have all taken a large jump. As a matter of fact intbrmation coming to me ~¥om our architects and cOntractors is that of some seven construction projects on the Peninsula bid this year all, including the Challenger Learning Center, all came in from 20 to 30 % over engineers estimates. The two most given reasons were wages and changes in the Uniform Building Code. To fail in our recognition of this tact will lead to a si.milar situation that occurred during the construction of the pipeline. Loss of valuable employees at a time when we can least afford to loose them. And finally let me say that it appears the area of 401k verses deposit's to Social Security has also produced an anomaly. At the time the council voted to opt out of Social Security and offer 401 k deposits to the employees, the City, rate for both was 4% of the first $37,000.00 Today the Social Security rate is 7.65 % on $80,000.00 and the City still offers only 4% of $37:000.00 for the employees 401k that in my estimation is a cut in benefits to employees. What all of this points out is that in the near thture the City of Kenai has some serious considerations to give in how it does business and how it plans to correct some of the obvious deficiencies in our operating policies. Council, if you have read all of this, thank you for your patience's; Sincerely; Mayor John. Suggested by: Administratic., City of Kenai RESOLUTION NO. 2002-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and WHEREAS, the Council has adopted the "City of Kenai 2002-2003 Annual Budget," which estimates property tax revenue based upon a tax rate of 3.5 mills. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 2002 and ending June 30, 2003 be fixed at 3.5 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance' (04 / 13 / 2002) jl MY NAME IS PETE HANSEN, I LIVE IN THE CITY OF KENAI AT 418 ROGERS ROAD, AND I HAVE LIVED HERE 34 YEARS. I OWN PROPERTY IN KENAI INCL~~G MY HOME, A COMMERCIAL OFFICE BUILDING, AND RESIDENTIAL RENT~S: I AM OPPOSED TO THE CITY OF KENAI RAISING THE PROPERTY TAX MII.L RATE FOR THE FOLLOWING REASONS: 1. LAST YEAR THE BOROUGH REASSESSED ALL THE PROPERTIES I MENTIONED ABOVE AND THE VALUE OF EACH WAS INCREASED. IN THE CASE OF THE COMMERCIAL BUILDING, IT WAS INCREASED SEVERAL HUND~D THOUSAND DOLLARS. MY TAXES WILL BE CONSIDERABLY HIGHER THIS YEAR BECAUSE OF IT. 2. NEW BUSINESSES ARE C~ING UP IN KENAI SUCH AS THE NEW DEVELOPMENT ON KENAI PLAZA NEXT TO CARRS-SAFEWAY...AND THE RECENTLY OPENED ALASKA INDUSTRIAL HARDWARE WHICH IS DRAWING CONTRACTORS AND HOMEOWNERS FROM ALL OVER THE PENINSULA. BOTH PROPERTY TAX ANI) SALES TAX INCOME TO THE CITY OF KENAI THIS YEAR SHOULD INC~ASE AS A RESULT OF THESE INVESTMENTS MADE IN OUR TOWN. 3. KENAI IS KNOWN FOR ITS CONSISTENCY IN HAVING ONE OF THE LOWEST PROPERTY TAX RATES IN THE STATE OF ALASKA. IT SEEMS PRUDENT TO MAINTAIN THIS RATE WITHOUT A CHANGE, AT A TIME WHEN WE ARE SEEING THIS SUDDEN GROWTH OF NEW BUSINESSES .... , BUILDINGS AND BUSINESSES THAT MAY HAVE COME HERE BECAUSE OF OUR LOW RATE STRUCTURE, AND THE STABLE GOVERNMENT AND FISCAL POLICIES THIS COUNCIL HAS PREVIOUSLY SET. 4. THE CITY EARNED LESS REVENUE ON ITS SAVINGS AND INVESTMENTS LAST YEAR, AND I BELIEVE THIS WAS BECAUSE OF THE STATE OF OUR NATIONAL ECONOMY. THIS CHANGE IN OUR ECONOMY ALSO AFFECTED THE SAVINGS AND INVESTMENTS OF OUR TAXPAYERS ............. WHICH MEANS THEY HAVE HAD TO TIGHTEN THEIR PURSE STRINGS ..... AND I BELIEVE THE CITY NEEDS TO DO THE SAME FOR THIS NEXT YEAR, UTILIZING A BIT OF THE CITY'S SAVINGS UNTIL OUR ECONOMY RECOVERS ..... AND I BELIEVE THAT IS ABOUT TO HAPPEN. THANK YOU FOR LISTENING CITY OF KENAI COUNCIL MEETING 7PM, JUNE 5, 2002 Suggested by: Administrate. City of Kenai RF.~OLUTION NO. 2002-29 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALAS~ TRANSFERi~NG $10,000 IN THE GENERAL FUND NON-DEPARTMENTAL DEPARTMENT FOR THE PURCHASE OF A COPIER. WHEREAS, funds were budgeted in FY 2002 to lease additional copiers; and, WHEREAS, purchasing a copier has been determined to be more cost effective than leasing; and, WHEREAS, funds are available for transfer from the printing and binding account to the machinery and equipment account; and, WHEREAS, it is in the best interest of the City to purchase a single copier using funds budgeted in FY 2002 funds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From' Non Departmental - Printing and Binding $10,000 To' Non Departmental - Machinery and Equipment $10,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of June, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance; .~~P.~ (05/21/2002)hl Suggested by: Administration City of Kenai RESOLUTION NO. 2002-30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $32,000 IN THE POLICE DEPARTMENT FOR THE PURCHASE OF A PATROL VEHICLE. WHEREAS, it is in the best interest of the City of Kenai to replace high mileage vehicles that are expected to have high maintenance costs; and, WHEREAS, the Police Department has a need for a sport utility vehicle for patrol and investigative uses; and, WHEREAS, funds are available in the Police Department salaries account due to staff vacancies throughout the year. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Police Department- Salaries $32,000 To: Police Department- Machinery and Equipment $32,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of June, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (5/22/02) hl Suggested by: Cot CITY OF KENAI RESOLUTION NO. 2002-31 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE PROJECT ENTITLED PILLARS LOCAL IMPROVEMENT DISTRICT AND DESIGNATING WHAT IMPROVEMENTS ARE TO BE INCLUDED IN THIS PROJECT. · WHEREAS, the Council directs the City Administration to continue with this project; and, WHEREAS, the following is a liSt of major improvements that are scheduled to be completed under this project: o 2. 3. 4. 5. Excavation, backfill, and grading Asphalt paving Topsoil and seeding Signage and traffic control Drainage Improvements; and, WHEREAS, the Council finds the improvements are necessary and of benefit to the properties to be assessed; and, WHEREAS, the local improvement district costs will be allocated on a square footage basis extending one lot deep adjacent to improvements in this subdivided area; and, WHEREAS, the project is not objected to by owners of properties bearing fifty percent (50%) or more of the estimated costs to be borne by property owners; and, WHEREAS, an account will be kept of all costs of the improvements and that after all costs are known, the City Manager shall prepare an assessment roll for the improvements; and, WHEREAS, all of the above improvements will be done in this area but only twenty-five percent (25%} of the total completed improvements will be assessed to the benefited property owners; and, WHEREAS, this resolution will be mailed to each property owner adjacent to the streets designated for improvements; and, WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula borough on this date, June 5, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City will continue with the project entitled Pillars Local Improvement District and the improvements listed above. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of June, 2002. ATTEST: Carol L. Freas, City Clerk John J. Williams, Mayor clf i i PILLARS LID ,, , CHINOOK DRIVE & SOCKEYE CIRCLE , PRELIMINARY COST ESTIMATE 4/4/02 KK ' ..... Units EsL Quantity Unit Price Total , , Removal of Pavement LS 1 500 500 Borrow, Type ^ CY 300 10 3,000 Crushed Aggregate CY 1,200 17 20,40'0 ,, AC Pavement SY 6,800 9 61,200 Standard Signs LS I 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 provem ents LS I 7,000 7,000 Driveways (Pave app./culvert) LS 1 10,000 10,000 Mob. & Demob. LS I 4,000 4,000 ,, Construction Su .rvey , LS I 4,000 4,000 Miscellaneous Grading LS I 4,000 4,000 Basic Bid --'~ 37,693 Contingency (20%) 27,539 , Basic Bid Plus Cont. 165,231 BASIC ESTIMATE , Administration 3,000 3,000 , Engineering Design (10%) 16,523 16,500 Inspection (7%) 11,566 11,500 Construction 165,231 165,000 TOTAL ' 196,320 196,000 i ii i , Prepared by Keith Kornelis 04/10/2002 Page 1 PRELIMINARY ASSESSMENT ROLL PILLARS LID Chinook Drive & Sockeye Circle ] t I Below costs are estimates - final cost will be based on the actual cost of the project. Properties to be assessed: KN0950032 T05N R10W S07 SUB PART ONE Lots 1-7 &16 & 17 ,,, KN0970031 T05N R10W S07 SUB PART TWO Lots 8-15 & 18-22 25 % of Cost OWNER Lot ACRE Square Feet % of Total 100 % of Cost Est.$Assessed l Rossillo I 1.14 49,658 0.032113 6,294 1,574 Kline 2 1.48 64,469 0.041690 8,171 2,043 Kopp 3 1.29 56,192 0.036338 7,122 1,781 Richards 4 1.35 58,806 0.038028 7,454 1,863 Brown 5 1.38~ 60,113 0.038873 7,619 1,905 Lazenby '6 3.83 166,835 0.107887 ' 21,146 5,286 Myers 7 1.61 70,132 0.045352 8,889 .. 2,222 Hutch ings 8 1.40 60,984 . 0.039437 7,730 1,932 Zurfluh 9 1.41 61,420 0.039718 7,785 1,946 , , Moore 10 1.40 60,984 0.039437 7,730 1,932 LTO 11 2.15 93,654 0.060563 11,870 . 2,968_ LTO 12 1.34: 58,370 0.037746 7,398 1,850 LTO 13 1.32 57,499 0.037183 7,288 1,822 ,, Wykis 14 1.41 61,420 0.039718 7,785 1,946 Baisden 15 1.36; 59,242 0.038310 7,509 1,877 Whitmore . 16 1.12! 48,787 0.031549 6,184! 1,546 Mattero 17 1.37' 59,677 0.038592 7,564 1,891 , LTO 18 1.97; 85,8~3 0.055493 10,877 2.719 i LTO 19 2.27] 98,881 0.063944 12,533 3. ~ 33 'LTO 20 1.981 86,249 0.055775 10,932 '-2-~33 LTO 21 1.51 65,776 0.042535 8,337 2,084 LTO 22 1.41 61,420 0.039718 7,785 1,946 TOTAL 35.50 1,546,380 1.000000 196,000 49,000 , ' " Muni Match Grant (70%) 137.~00 General Fund (5%) , Property Owners (25%) 49,000 ' I ' TOTAL 196,000 I i No Assessment can be higher than 25% of fair market value includin~l benefit of work, (Below is KPB) RECORD OWNER Lotl Value Land Value Struc Land +Struc 125% of Total Est.$Asaessed Rossiilo I 35,000 0 ' 35,000 8,750 ---;..574 Kiine 2 48,500 165,300 213,800 53,450 ----~,043 Kopp 3 46,500 220,700 267,200 66,800 1,781 ,, Richards 4 41,000 0 41,000 10,250 1,863 Brown S 47,500 189,000 236,500 59,125 1,.905 I. az. enby 6 68,200 268,000 336,200 84,05[3. 5,2.86 Myers 7 54,200 285,400 339,600 84,9(X) 2,222 H utchincjs 8 51,500 291,500 343,000 85,750 1.932 Zurfluh 9 51,500 133,100 184,600 46,150 ~.946 Moore 10 51,500 163,700 215,200 53,800 "~,932 LTO 11 55,000 0 55,000 13,750 2,968 LTO 12 12,000 0 12,000 3,000 1,850 iLTO 13 12,000 0 12,000 3,000 1,822 Wykis 14 12,000 0 12,000 3,000 1,946 , 'Baisden 15 12,000 0 12,000 3,000 1,877 Whitmore 16 18,000 194,800 212,800 53,200 1,546 Mattero 17 18,500 204,700 223,200 55,800 1,891 LTO i8 12,500 0 12,500 3,125 2,719 LTO 19 13,000 0 13,000 3,250 3,133 LTO 20 12,500 0 12,500 3,125 2,733 LTO 21 12,000 0 12,000 3,000 2,084 LTO 22 11,200 0 11,200 2,800 1,946 , 49,000 IMPROVEMENTS: , Gradincd & Backfill; Drainage; Paving;Topsoil & Seeding; Signage Prepared by Keith Kornelis 04/11/2002 Page I Suggested by: CITY OF KENAI RF~OLUTION NO. 2002-32 Administra A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID TO HANSON'S ROOFING FOR KENAI WASTEWATER TREATMENT PLANT ROOF REPAIRS - MAY 2002 FOR THE TOTAL AMOUNT OF $34,750. WHEREAS, the following bids were received on May 29, 2002: Bidder Peninsula Roofing, Inc. Hanson's Roofing Total Bid $17,294 $34,750 WHEREAS, Peninsula Roofing, Inc.'s bid is non-resPonsive; and, WHEREAS, Peninsula Roofing, Inc. agrees that their bid is non-responsive; and, WHEREAS, Hanson's Roofing's bid meets the bid sPecifications; and, WHEREAS, the recommendation from the City Administration is to award the bid to Hanson's Roofing; and, WHEREAS, the Council of the City of Kenai has determined that Hanson's Roofing'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 Wastewater Treatment Plant Roof Repairs - May 2002 be awarded to Hanson's Roofing for the total amount of $34,750. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of June 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: ~.~ Municipal Airport WHAT GAN THE KENAI AIRPORT FOR YOU? .. The following survey is intended to gather information for the City of Kenai to determine future improvements at the Kenai Municipal Airport. Please take a few minutes to complete the survey and provide any additional comments or suggestions. The Airport Commission meets on the second Thursday of each month in the City Hall Council Chambers. All meetings are open to the public and we welcome your attendance. You may also contact the airport manager at 283- 7951. Are you a licensed pilot? Do you own an aircraft? ()Yes ( )Yes ( )No ( )No . Please estimate the number of hours logged in 2001. Floats Wheels Skis Night . To what extent does the presence of an air traffic control tower, affect your decision to park at the Kenai Airport? Please check one. ( ) very desirable ( ) somewhat desirable ( ) makes no difference ( ) somewhat undesirable ( ) very undesirable . Do the weather/wind conditions in Kenai affect your decision to operate at this airfield? Please check one. ( ) Yes, positively ( ) No, does not affect decision ( ) Yes, negatively What features of an airport do you consider when deciding where to park your aircraft. Please number in accordance to importance with #1 being the most important. Leave blank those items that are not considerations. ( ) Ski strip ( ) Floatplane parking ( ) Instrument approaches ( ) Crosswind runway ( ) Hanger space available ( ) Gravel runway ( ) Maintenance facility ( ) Fuel service ( ) Prompt snow removal ( ) Airfield maintenance ( ) Security ( ) Aircraft wash facility ( ) Restaurant on-site ( ) Terminal facilities ( ) Paved parking ( ) Electrical parking ( ) Control Tower , What other type of businesses or services have you seen at other airports that you would like to See at Kenai Municipal Airport? What type of fuel do you purchase for your aircraft? ( )80or82UL ( ) 100EL ( ) Auto fuel ( ).let A or B 8. Any additional comments. www.ci.kenai.ak.us CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 8, 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 part of the General Orders. ge *APPROVAL OF MINUTES: a. *April 24, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: Se Ce PUBLIC HEARINGS: a. PZ02-19~An application for a Variance Permit from side setback requirements for the property described as 1609 Aliak Drive (Lot 3, Kay Lynn Subdivision), Kenai, Alaska. Application submitted by James Keith Cissell, 1609 Aliak Drive, Kenai, Alaska b. PZ02-21~A Resolution of the Planmng and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish an Education Zone and Changing several.sections of the Kenai Municipal Code to include the new Education Zone. PZ02-22~A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska an amendment to KMC 14.20.154(a)(2) To eliminate the 150 feet buffer between the surface extraction of natural resources and the adjoining property if the adjoining property is also a permitted site for the subsurface extraction of natural resources. 6. OLD BUSINESS: a. Kenai Comprehensive Plan- Draft Chapter 1 - Accept Revised Chapter e NEW BUSINESS: a. *PZ02-20~Home Occupation Permit (Day Care)---For the property known as Lot 12, Block 3 VIP Ranch Estates Subdivision Part I (2730 VIP Drive). Application submitted by Linda Campanella, 2730 VIP Drive, Kenai, Alaska. 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 (4/10/02) b. Comprehensive Plan- Revised Schedule c. City of Kenai- 2001 Annual CLG Report 13. COMMISSION COMMENTS & QUESTIONS- 14. ADJOURNMENT: CITY OF KENAI PLANNING ~k ZONING COMMISSION CITY COUNCIL CHAMBERS ~ MAY 8, 200o- - 7:00 P.M. CHAIR RON GOECKE, PRESIDING ,o. 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, Osborne, Tunseth Members Absent: Nord, Erwin Others Present: CounciLman Bannock, City Planner Kebschu11, Contract Secretary Roper X-bo Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda and requested UNANIMOUS CONSENT and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. -C. Consent Agenda MOTION: Commissioner Glick MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Tunseth SECONDED the motion. no objections. SO ORDERED. There were ITEM 2' APPROVAL OF MINUTES -- April 24, 2002 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None ITEM 4: CONSIDERATION OF PLATS-- None ITEM 5' PUBLIC HEARINGS 5-a. PZ02-19---An application for a Variance Permit from side setback requirements for the property described as 1609 Aliak Drive {Lot 3, Kay Lynn Subdivision), Kenai, Alaska. Application submitted by James Keith Cissell, 1609 Aliak Drive, Kenai, Alaska. MOTION: Commissioner Osborne MOVED to approve PZ02-19 and Commissioner Glick SECONDED the motion. Chairman Goecke opened the public hearing. There were no public comments and the public hearing was closed. Kebschull noted staff had nothing additional. Commissioner Bryson noted, these variances are normally approved for the footprint of the existing structure only and requested this be included in the motion. Commissioner Osborne, maker of the motion, concurred. VOTE: Bryson Nord Goecke Yes Erw/n Absent Osborne Yes Absent Yes Glick Yes Tunseth Yes MOTION PASSED UNANIMOUSLY. 5-b. PZ02-21 -- A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish an Education Zone and changing several sections of the Kenai Municipal Code to include the new Education Zone. MOTION: Commissioner Glick MOVED to approve PZ02-21 and Commissioner Osborne SECONDED the motion. Chairman Goecke opened public hearing. There were no public comments and the public hearing was closed. Kebschull drew attention to the fax from Commissioner Nord expressing her support for an educational zone. Kebschull also reported she discussed this with the school district and they are in favor of an educational zone and potential changes as this would assist in obtaining permits if needed. Commissioner Bryson asked if all school property was discussed and Kebschull replied they discussed individual schools and specifically Sears Elementary which is operating without a conditional use permit. She noted, that requirement would be eliminated with the new educational zone. Chairman Goecke indicated he had the same concern discussed at the last meeting and reiterated he'd like to see all educational facilities rezoned. Bryson noted the creation of the educational zone would not automatically change the zone. Kebschull PLANNING & ZONING COMMISSION MEETING MAY 8, 2002 PAGE 2 confn'med that was correct and once established, the City would then look at the facilities needing to be rezoned and at that time they would go through the legal process of a public hearing, etc. VOTE: Erwin Absent Glick Yes Osborne Yes Tunseth Yes Goecke Yes Nord Absent Bryson Yes MOTION PASSED UNANIMOUSLY. 5-c. PZ02-22 -- A Resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council of the City of Kenai, Alaska an amendment to KMC 14.20.154(a)(2) To eliminate the 150 feet buffer between the surface extraction of natural resources and the adjoining property if the adjoining property is also a permitted site for the subsurface extraction of natural resources. MOTION: Commissioner Glick MOVED to approve PZ02-22 and Commissioner Osborne SECONDED the motion. Chairman Goecke opened public hearing. Daniel Krogseng, Kenai, Alaska -- Krogseng stated he was present to answer any questions the Commission may have. There were no questions and the public hearing was closed. Kebschull explained the purpose of the resolution and noted, all pit operators were agreeable. VOTE: Glick Yes Yes Tunseth Goecke Yes Nord Absent Osborne Yes Bryson Yes Erw/n Absent MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS Kenai Comprehensive Plan -- Draft Chapter 1 -Accept Revised Chapter PLANNING & ZONING COMMISSION MEETING MAY 8, 2002 PAGE 3 Kebschull reminded the Commission this was still a draft and it is possible some changes may occur based on input from the Borough and other agencies. Kebschull added, a motion acknowledging receipt was appropriate. MOTION: Commissioner Glick MOVED to accept the Kenai Comprehensive Plan - Draft Chapter 1 and Commissioner Tunseth SECONDED the motion. VOTE: Nord Absent Osborne Yes Tunseth Yes Bryson Yes Erwin Absent Glick Yes Goecke Yes MOTION PASSED UNAIMOUSLY. ITEM 7: NEW BUSINESS 7-a. PZ02-20 -- Home Occupation Permit (Day Care)~For the property known as Lot 12, Block 3 VIP Ranch Estates Subdivision Part I {2730 VIP Drive). Application submitted by Linda Campanella, 2730 VIP Drive, Kenai, Alaska. Approved by consent agenda. ITEM 8' PENDING ITEMS -- None ITEM 9- CODE ENFORCEMENT-- None ITEM 10: REPORTS 10-a. City Council -- Councilman Bannock reported the Board of Adjustment met regarding the sign for the Challenger Learning Center and noted a ruling would be made within the week. Bannock provided a report based on action taken at the May 1 meeting. 10-b. Borough Planning-- No report as there was no meeting held since the last P&Z meeting. 10-c. Administration -- Kebschull provided a report on various projects within the City of Kenai, including the Norville property that was reviewed in 1997. Kebschull stated they were very busy with building permits. Discussion also took place on code enforcement items the City is currently investigating. PLANNING & ZONING COMMISSION MEETING MAY 8, 2002 PAGE 4 ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. Zoning Bulletin (4 / 10 / 02) Comprehensive Plan- Revised Schedule City of Kenai - 2001 Annual CLG Report ITEM 13' COMMISSION COMMENTS Ih QUESTIONS -- None ITEM 14' ADJOURNMENT MOTION: Commissioner Osborne MOVED for adjournment. ORDERED. There were no objections. SO The meeting adjourned at 7'35 p.m. Minutes recorded and transcribed by: Barbara L. Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING MAY 8, 2002 PAGE 5 CITY OF KENAI PLANNING/k ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May ~2, 0.002 - 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. 2. *APPROVAL OF MINUTES: a. *May 8, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ02-23--Preliminary Plat--Yragui Subdivision--A resubdivision of Government Lots 51, 42, and 61. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669. b. PZ02-24--Prehminary Plat--Bridge Road Subdivision---Lockwood Addition, A resubdivision of Bridge Road Subdivision Lot 7 & 8, Block 1. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669. 5. PUBLIC HEARINGS: /5. OLD BUSINESS: 7. NEW BUSINESS: a. Unnamed Right-of-Way, FBO Subdivision No. 7 (5/13 / 02) b. Commercial/Recreation Zone to accommodate areas such as Anglers Acres Subdivision with multiple Conditional Use Permits---Discussion (Request of Chairperson Goecke.) 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. 12. 13. 14. PERSONS PRESENT NOT SCHEDULED: INFORMATION ITEMS' Zoning Bulletin (4 / 25 / 02) Memo- Revised schedule for Comprehensive Plan COMMISSION COMMENTS/h QUESTIONS' ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION ~ CITY COUNCIL CHAMBERS ~ MAY 22, 2002- 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUT~ 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, Osborne, Goecke Members Absent: Tunseth, Nord, Erwin Others Present: Councilman Bannock, City Planner Kebschull, Plannin§ Assistant Carver, Department Assistant Harris, Jim Bielefeld {Kenai Aviation) 1 -b. Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda with the additional handouts and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. 1 Consent Agenda MOTION: Commissioner Glick MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUT~ -- May 8, 2002 Approved by consent agenda. ITEM 3: ,, SCHEDULED PUBLIC COMMENT -- None ITEM 4' CONSIDERATION OF PLATS PZ02-23 - Preliminary Plat - Yragui Subdivision - A resubdivision of Government Lots 51, 42, and 61. Submitted by McLane Consulting Group, P.O. Box 468, Soldoma, AK 99669. MOTION: Commissioner Osborne MOVED to approve PZ02-23 and Commissioner Glick SECONDED the motion. City Planner Kebschull informed the Commission of the administration recommendation to re-zone as the use of the plot will be affected due to the creation of a spilt-zone (commercial and residential) lot. Commissioner Bryson pointed out a vacation with the Borough has yet to be filed, and any action the Commission takes would be conditional to a vacation. VOTE: Bryson ]Yes ! Glick Tunseth Absent Goecke Nord Absent i Yes Osborne Yes Yes Erwin [Absent MOTION PASSED UNANIMOUSLY. 4-b. PZ02-24 -- Preliminary Plat- Bridge Road Subdivision- Lockwood Addition, A resubdivision of Bridge Road Subdivision Lot 7 & 8, Block 1. Submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669. MOTION: Commissioner Osborne MOVED to approve PZ02-24 with staff recommendations. Commissioner Glick SECONDED the motion. City Planner Kebschull reported this easement would land lock University-owned property in the eastern portion of the area and recommended against the 33-foot section line easement. Additionally, this area would be looked into further in the future as a vacation proceeding heard by the Council. VOTE: Tunseth Absent Nord Absent Erwin Absent Bryson Yes Osborne Yes Goecke Yes Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS-- None ITEM 6' OLD BUSINESS-- None PLANNING AND ZONING COMMISSION MEETING MAY 22, 2002 PAGE 2 ITEM 7: NEW BUSINESS Unnamed Right-of-Way, FBO Subdivision No. 7 (5 / 13 / 02) MOTION: Commissioner Osborne MOVED to approve Gee Bee as the recommended name of the unnamed fight-of-way in FBO Subdivision. Commissioner Osborne SECONDED the motion. Jim Bielefeld (Kenai Aviation) explained that Gee Bee is the manufacturer of a style of aircraft, which is short in length, much like the unnamed right-of-way in question. VOTE: IBryson iNord i Tunseth Yes Envm Absent Goecke lYes ! Absent Osborne Yes Glick Absent ~Yes I MOTION PASSED UNANIMOUSLY. 7-bo Commercial/Recreation Zone to accommodate areas such as Anglers Acres Subdivision with multiple Conditional Use Permits -- Discussion (Request of Chairperson Goecke). Chairman Goecke requested the Commission consider re-zoning the Anglers Acres Subdivision as most of the individuals in this area operate bed-and-breakfast, cabin rentals, and boat docking; all of which require a conditional use permit. If this area were re-zoned as commercial/recreational, it would eliminate the need for business owners in this area to obtain conditional use permits. City Planner Kebschull explained the code was amended to include lodging and hotel services. Kebschull stated she would consult the City Attorney for re-zoning issues and consideration. MOTION: Commissioner Osborne MOVED to request staff administration provide a re-zoning draft for review. Commissioner Glick SECONDED the motion. VOTE: Bryson Nord Tunseth Yes Absent Absent Erwin Glick MOTION PASSED UNANIMOUSLY. Absent Goecke Yes Osborne Yes Yes PLANNING AND ZONING COMMISSION MEETING MAY 22, 2002 PAGE 3 ITEM 8: PENDING ITEMS-- None ITEM 9- CODE ENFORCEMENT -- None ITEM 10' REPORTS 10-a. . City Council -- Councilman Bannock provided a recap of council action items and encoura§ed all to attend the upcomin§ June 5 meetin§. 10-b. Borough Planning-- Commissioner Bryson provided a recap of Borough action items from the May 13, 2002 meeting. 10-¢. Administration -- City Planner Kebschull reported on the followingi · The next work session on the Comprehensive Plan is scheduled for after the June 12 meeting. · There are currently six public hearings scheduled for the June 12 meeting. ITEM 11' PERSONS PRE~ENT NOT SCHEDULED -- None ITEM 12' IKFORMATION ITEMS: 12-a. 12-b. Zoning Bulletin (4 / 25 / 02) Memo- Revised schedule for Comprehensive Plan ITEM 13: COMMISSIONER COMMENTS/h QUESTIONS Commissioner Osborne suggested the Commission review the Challenger Center sign dimensions and discussed the geometric elements of spheres. ITEM 14: ADJOURNMENT: MOTION: Commissioner Bryson MOVED for adjournment. There were no objections. ORDERED. SO The meeting adjourned at 7'55 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PLANNING AND ZONING COMMISSION MEETING MAY 22, 2002 PAGE 4 KENAI BEAUTIFICATION COMMITTEE MAY 14~ 2002 7:00 'P.M. .~. KENAI CITY COUNCIL CHAMBERS ***AGENDA*** ITEM 1' CALL TO ORDER/k ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3: APPROVAL OF MINUTES-- April 9, 2002 ITEM 4: PERSONS SCHEDULED TO BE HEARD ITEM 5. OLD BUSINESS ao "United We Bloom" Volunteer Day/May 25, 2002 ITEM 5' NEW BUSINGS ITEM 7: REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison ITEM 8: OUESTIONS AND COMMENTS ITEM 9' INFORMATION City Council Action Agendas of April 17 and May 1, 2002. Kenai Chamber of Commerce Banner Design ITEM 10: ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE MAY 14, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR MARII,YN DIMMICK, PRESIDING MINUT~ ITEM 1' CALL TO ORDER/h ROLL CALL Chair Dimmick called the meeting to order at 7'00 p.m. confirmed as follows: The roll was taken and Members Present: Members Absent' Others Present: Brown, Dimmick, Overturf, Seymour, Nelson, Rogers, Hett None Councilwoman Swarner, Parks and Recreation Director Frates, Department Assistant Harris ITEM 2: AGENDA APPROVAL The agenda was unanimously approved as presented. ITEM 3- , ~ APPROVAL OF MINUTF~ -- April 9, 2002 The April 9, 2002 minutes were unanimously approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ITEM 5: OLD BUSINESS -ae "United We Bloom" Volunteer Day/May 25, 2002 Chair Dimmick provided the Committee with blank planting grids of the fourteen concrete circle planters within Kenai. The Committee reviewed at length Various flower types to be planted in each concrete planter. Dimmick stated she would provide the Committee and planting volunteers with a finalized copy of the changes and decisions made by the Committee. Additionally, several changes to the volunteer planting instructions guide were made. Other items noted were' · Frates reported an informational flyer/volunteer invitation is being sent out on May 17, 2002. · Frates reported Tesoro may plant all fourteen of the concrete circular planters; he will notify the Committee members when more is known. · May 25, 2002 is Planting Day and Frates requested the Committee members and volunteers to meet at the Kenai Fire Station at 10 a.m. The Planting Day BBQ w/Il be at 2:15 p.m. at the Kenai Fire Station. Committee members stated all would bring side dishes such as sa/ad, baked beans, chips, etc. The Kenai Firefighters Association will provide hot dogs and hamburgers. · Frates reported Fireweed Herb Garden has volunteered to donate the flowers needed for two entire 8 ft. sq. concrete planters. ~. The Committee members all agreed to wear their 'Beautification' T-shirts or sweatshirts to help volunteers identify the members. · Frates will provide lime, bone meal and other fertilizers necessary for planting. The Committee decided approximately one cup of lime is needed per circle; bone meal is needed only for petunias. ITEM 6- NEW BUSINESS-- None ., ITEM 7' REPORTS Committee Chair-- No report 7-b. Parks/h Recreation Director -- Frates reported on the following- , Cemetery Clean up is scheduled for Saturday at 10 a.m. · The Chamber of Commerce is purchasing ten banners stating, "Get Hooked on Kenai. " 7-c. Kenai City Council Liaison - Councilwoman Swarner informed the Committee of City Council action items and invited all to attend the upcoming May 15 City Council meeting. ITEM 8: OUESTIONS AND COMMENTS-- None ITEM 9' INFORMATION 9 City Council Action Agendas of April 17 and"May 1, 2002. Kenai Chamber of Commerce Banner Design ITEM 10: ADJOURNMENT The meeting adjourned at 8:55 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant KENAI BEAUTIFICATION COMMITTEE MAY 14, 2002 PAGE 2 i/ AGENDA ITEM A: KENAI CITY COUNCIL- REGULAR MEETING MAY 15, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Council and would be approved by one motion. There would be no separate discussion of these items unless a Council member so requests, in which case the item would be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B' o ITEM C: SCHEDULED PUBLIC COMMENTS (10 minutes) Mike Siegfreid-- Central Peninsula General Hospital/Survey Update PUBLIC HEARINGS 1. Ordinance No. 1954-2002 -- Amending the Employee Classification List at KMC 23.50.010(c) to Include Chief Animal Control Officer and Assistant Animal Control Officer and KMC 25.50.010{d} to Include a Buildings Maintenance Lead Technician, a Water and Sewer Lead Operator, and to Change the Class Titles of Water and Sewer and Sewer Treatment Classifications. 2. Ordinance No. 1955-2002 -- Increasing Estimated Revenues and Appropriations by $16,000 in the General Fund to Implement a Plan to Better Control the Personal Use Fishery Impacts on the South Side of the Kenai RiVer. ITEM D: COMMISSION/COMMITTEE REPORTS . 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee -1- bo Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce ITEM E: MINUTES o 2. 3. 4. 5. 6. *Regular Meeting of May 1, 2002. *Board of Adjustment Hearing of May 1, 2002. *Budget Work Session of April 9, 2002. *Budget Work Session of April 10, 2002. *Budget Work Session of April 11, 2002. *Budget Work Session of April 16, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS o Bills to be Paid, Bills to be Ratified , Purchase Orders Exceeding $2,500 3. *Ordinance No. 1956-2002 -- Amending Title 14 to Establish an Education Zone and Change Several Sections of the Kenai Municipal Code to Include the New Education Zone as Noted on Attachment A. Code Sections Affected are: 14.20.030(a); 14.20.075(b); 14.20.220(c); 14.22.010 (Land Use Table); 14.24.010; and 14.25.020. 4. *Ordinance No. 1957-2002 -- Amending KMC 14.20.154(a)(2) to Eliminate the 150 Feet Buffer Between the Surface Extraction of Natural Resources and the Adjoining Property if the Adjoining Property is Also a Permitted Site for the Surface Extraction of Natural Resources. 5. Ordinance No. 1958-2002 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2002 and Ending June 30, 2003. ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS o City Manager Attorney City Clerk ITEM K: DISCUSSION o Citizens (five minutes) -2- 2. Council EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT -3- KENAI CITY COUNCIL- REGULAR MEETING MAY 15, 2002 7:00 P.M. KENAI cITY COUNCIL CHAMBERS http://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 7'04 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. Moore, Porter and Bannock. Present were: Jackman, Williams, Bookey, Swarner, A-3o AGENDA APPROVAL Mayor Williams requested the, following changes to the agenda: ADD AS: B-2, Representatives from Central Peninsula Habitat for Humanity -- Thank you for city participation and support. ADD AT: D-7d, Kenai Chamber of Commerce -- Thank-you letter for city's involvement in "Hooked on Kenai" promotion. MOTION: Councilwoman Swamer MOVED to approve, the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4. CONSENT AGENDA There were no changes to the consent agenda. MOTION: Councilwoman Swarner MOVED to approve the consent agenda as presented and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. ITEM B: SCHEDULED PUBLIC COMMENTS KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 2 Williams noted the Hospital representatives were not yet available to make their presentation and it would be held later in the meeting. B-2. Representatives from Central Peninsula Habitat for Humanity- Thank you for city participation and support. Mike Dimmick, President, and Susan Hatch, Executive Director, of Central Peninsula Habitat for Humanity, thanked the City for its support through the last ten years. Dimmick stated Central Peninsula Habitat for Humanity recently completed' its tenth year on the Peninsula and its tenth house. In recognition of assistance by the City of Kenai, Hatch presented Mayor dohn Williams with a plaque made by local artist Libby Berezin. Hatch also presented a plaque to ,lack La Shot, Public Works and Planning & Zoning Manager, and expressed her gratitude for his help over the years. Mayor Williams said he had worked on three Habitat houses himself in the past. He stated he saw the value of their efforts and that he believed Habitat to be a worthwhile organization. ITEM C: PUBLIC HEARINGS C-1. Ordinance No. 1954-2002 -- Amending the Employee Classification List at KMC 23.50.010{c} to Include Chief Animal Control Officer and Assistant Animal Control Officer and KMC 25.50.010{d) to Include a Buildings Maintenance Lead Technician, a Water and Sewer Lead Operator, and to Change the Class Titles of Water and Sewer and Sewer Treatment Classifications. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1954-2002 and Councilman Moore SECONDED the motion. There were no public comments. Councilwoman Swarner asked if putting the Animal Control Officers into the Public Safety category would .allow them to retire early as the police do and Chief Morris answered no. VOTE: Williams Booke¥ Bannock Yes Yes Yes Moore Porter Yes Yes Jackman Swarner Yes Yes KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 3 o. MOTION PASSED UNANIMOUSLY. C-2o Ordinance No. 1955-2002 -- Increasing Estimated Revenues and Appropriations by $16,000 in the General Fund to Implement a Plan to Better Control the Personal Use Fishery Impacts on the South Side of the Kenai River. MOTION: Councilwoman Porter MOVED to adopt Ordinance No. 1955-2002 and Councilwoman Swarner SECONDED the mOtion. There were no public comments. Councilman Moore asked if there would be signage to control traffic on the south side of the river. Snow replied there would be. Porter asked for a review of the site visit. Snow reported she had met at the site with Lt. Chuck Kopp, Bob Frates, Director of Parks & Recreation, Mr. Perrizo (the owner of the adjacent property), Robert Ruffner of the Kenai Water Shed Forum, and three representatives of Alaska Fish and Game. Snow explained they had viewed the area very early that morning and had talked about sign placement, problems Mr. Perrizo might experience, and parking. Frates reported their thinking was to permit people to go beyond the barricaded area but only to pick up their fish and their gear. People would not be allowed to park there. Snow noted, the fee would be $5.00 per vehicle, which was the same amount charged on the north side as well as an "iron ranger" to collect the money and personnel to check for the tags on the windshields. Discussion followed about increasing the rate to $10.00 on the south side or possibly on both sides. Bookey asked Attorney Graves if the City had the right to keep people from driving on certain areas of the beach. Graves responded, "There is a fight to access to the beach below the high tide mark, but communities have authority to restrict vehicular traffic to the beach if there are safety or ecological reasons." The discussion that followed established the following about the south side beach project' · Fish & Game and ATV through the Borough would be available for enforcement; · Fish & Game had grants available and w°uld help with the initial start- up costs, which include costs for signs, fences and the iron ranger; KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 4 · The costs were mostly one-time costs; · Port-A-Potties would be available; · The policy for trash would be the same as last year, "You pack it in---you pack it out," and there would be signage to that effect; · The parking fee would be determined by Administration and reviewed by Council next year; and · Fish & Game put in writing its offer of $5,000 toward 'the project and they have offered personnel to support the project. VOTE: Williams Yes Moore Yes Jackman No Porter Yes Swarner Booker Bannock Yes ]Yes t Yes t MOTION PASSED. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. .Council on Aging- Councilwoman Swarner reported the last meeting was on May 2 and the minutes were in the packet. She noted the Mystery Dinner was moved to September. Swarner added, the next Council on Aging meeting falls on July 4 and asked if Council objected to canceling the meeting. There were no objections. D-2. Airport Commission- Councilwoman Jackman reported the minutes of the last meeting were in the packet. She said the Commission was working on a survey that was provided in draft form by the Airport Manager. A copy of the draft would be available at the air fair, and the completed survey would be in the next packet. The fair would be held on June 8 and would include a barbecue, she said. Jackman said the Commission also made a suggestion to name a right-of-way Bee" after an aircraft. "Gee A discussion followed regarding the recent increase in airfares by ERA. D-3. Harbor Commission - Councilman Bookey reported the last meeting was held on May 6. He noted, the dock opened on May 1, which was later than the year before due to weather conditions, new bumpers would be installed at the next low tide, and severe pilings must be replaced due to ice damage. Bookey also reported the Commission discussed the dock losing $70,000 a year and council's investigating whether to close the dock or privatize it. He noted, a suggestion KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 5 from the Commission was to check out the competitive rates for launch fees. number of launches last year was an estimated 3,000. The Mayor Williams asked if there had been any more discussion from the contractors on the bluff erosion project in the last couple of weeks. Bookey responded he was not aware of any. Snow stated Komelis told her the previous week he had been in contact with the Corps of Engineers who was trying to contract with Petratrovich, Nottingham, /ia Drage, Inc. (PND) through Tryck, Nyman & Hayes. She said Dave Casey of the Corps of Engineers met with agency personnel who would involve him closely in the project. Mayor Williams said he noticed an article in the Anchorage Daily News that talked about Kenai River water samples. Because there was an "impending crisis" on the Kenai River, Williams suggested there could be some monies available to the City to investigate the pollution, where it is coming from and what can be done about it. Williams suggested the City investigate the possibility of funding. D-4. Library Commission - Councilman Moore reported the next meeting would be held on June 6. He noted, the summer reading program was scheduled for June 1 through July 8, with this year's theme being "Good books are good friends." The Friends of the Library have scheduled their annual book sale for June 13 for pre- sale and June 14 and 15 for the general public. Moore also reported over 7,800 people used the Library in April and the Commission was continuing to work on their grant options, building a database of information. D-$. Parks/l~ Recreation Commission- Councilwoman Porter reported the following from the Commission's last meeting: The Commission discussed the Section 36 development of the baseball, softball, BMX, skateboard and soccer fields. They recommended Council accept the proposed Section 36 plan with the revisions the Commission made. She added, Council now needed to decide whether to take action on the plan and decide where to get the money. The Commission discussed the Boys & Girls Club acceptance of the summer recreation program from the City of Kenai. They were unanimous in their suggestion Council transfer the program to the Boys & Girls Club effective January 1, 2003. The Commission recommended the skateboard park be moved near the multi-purpose facility. Porter asked Bob Frates for signage for the skateboard park and Frates said the signage was small and was located in the kiosk by the pop machine. D-~o Planning/h Zoning Commission - Councilman Bannock reported: The Commission granted a variance permit at 1609 Aliak Drive; KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 6 · They passed a resolution establishing an education zone; it will be up for a public hearing at the June 5 Council meeting; · They approved a code change, which would eliminate the 150' buffer between the subsurface extraction of natural resources and the adjoining properties if the adjoining property is also a permitted site for the subsurface extraction of natural resources (e.g. gravel pits). That item will be up for public hearing at the June 5 Council meeting, as well; and, · The Commission approved a home occupation permit for a day care facility in the VIP Subdivision. Mayor Williams asked by what authority Administration gave the gravel pit owners a timeline of five years in which to come into compliance. Snow stated the Code states the Administration shall give a reasonable amount of time for compliance and Attorney Graves answered by comparing the situation to someone receiving a warning about a zoning violation and being given 30 days to comply. "It's prosecutorial discretion," he said. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee-- Councilwoman Swarner reported the last meeting was on May 14. She said this year's theme was "United We Stand," featuring red, white and blue flowers, and the major planting day was scheduled for May 25. Swarner noted, a plaque at the Leif Hansen Memorial Park had been heavily vandalized and needed to be replaced. The cost would be $200 and was covered by the current budget. Marilyn Dimmick invited "any and all volunteers" to the planting day and barbeque on May 25 at 10:00 a.m. She said the Committee hoped to get all City flowerbeds planted in one day. The barbeque would be provided by the Kenai Fire Department, Swarner said. D-7b. Kenai Convention/h Visitors Bureau Board- Councilman Bookey said they met on May 13 and discussed the Arctic Winter Games. D-7¢. Alaska Municipal League Report- Mayor Williams noted the Legislature was extended by two days for the first time in Alaska's history. D-7d. Kenai Chamber of Commerce - Mayor Williams pointed out the letter in the packet thanking the City for the space at the Kenai Airport for the "Hooked on Kenai" banners. Councilwoman Porter asked when the City's banners would be hung and Frates stated it would be three to four weeks before the banners would be received. BREAK TAKEN: 8:00 P.M. KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 7 BACK TO ORDER: 8:20 P.M. ITEM B: Mike Siegfreid -- Central Peninsula General Hospital/Survey Update Mayor Williams introduced Jay Siegfreid from the Central Peninsula General Hospital {CPGH), Bonnie Nichols from the Public Relations Department, Dr. Kelley and Diana Zirul from the hospital board, and Dr. Zirul. Dr. Kelley gave a sketch of the hospital services available in Kenai that have changed in recent years. He noted a survey was conducted to learn how people in the area feel about CPGH and asking what services people would like to see added. This "wish list" had been used to some degree in strategic planning by the Board, he reported. Kelley told Council the CPGH and the Kenai Health Center now have the building in Kenai on Barnacle Way, which provides services by the Health Center, CPGH and Serenity House. Those services include' · Imaging: mammography, bone densitometry, EKG's, x-rays, lab services; Rotating specialty clinics; · Physical therapy, occupational therapy; cardiac rehabilitation being planned; · Serenity House (for substance abuse) is located on K Beach: it is a residency program and is working well, even though financially a loss; and Community education' monthly dinner meetings at Paradisos to provide information to the public. Of the 415 people surveyed, there was a lot of support for expanding medical services in the community, Kelley explained. The survey responses were summarized in a handout provided in Council's packet. The hospital Board, Kelley said, has nearly completed a long process of examining the health care needs of the community with regards to the physical space. Surveys had been obtained from consultants and consumers, employees and physicians which will then be used to develop a plan. Williams asked Kelley if a cost had been determined yet that would appear on the ballot. Kelley noted a ballpark figure might be $60 million however, they had not come to a final conclusion as to what form it would take and a timeline has not been set. Williams noted Council was'interested in attracting seniors and yoUth to Kenai. He mentioned programs currently being proposed for Kenai through the COP program: juvenile treatment center and the juvenile detention facility. Williams also said he KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 8 hopes to see dialysis services offered on the Peninsula. Kelley said dialysis is extremely expensive, but the Board is aware of the need. ITEM E: MINUTES E-X. E-2. E-3. E-4. E-5. E-6. Regular Meeting of May 1, 2002 -- Approved by consent agenda. Board of Adjustment Hearing of May 1, 2002 -- Approved by consent agenda. Budget Work Session of April 9, 2002 -- Approved by consent agenda. Budget Work Session of April 10, 2002 -- Approved by consent agenda. Budget Work Session of April 11, 2002 -- Approved by consent agenda. Budget Work Session of April 16, 2002 -- Approved by consent agenda. ITEM F: CORRESPONDENCE-- None. ITEM G: OLD BUSINESS-- None. ITEM H: NEW BUSINESS i-X. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED to pay the bills and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. H-2o Purchase Orders Exceeding $2,500 MOTION: Councilwoman Swarner MOVED to approve the purchase orders exceeding $2,500 and asked for unanimous consent. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-5o Ordinance No. 1958-2002 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2009. and Ending June 30, 2003. MOTION: Councilwoman Swarner MOVED to introduce Ordinance No. 1958-2002 and Councilwoman Jackman SECONDED the motion. Councilman Bookey reminded the audience this ordinance was not up for adoption, only for introduction and discussion. KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 9 (Begin verbatim) Bannock: Thank you, Mr. Mayor. I have just a couple of comments I'd like to make and then I've prepared a small worksheet that I'd like to pass out to go along with my comments. The ordinance that's before us tonight is in the form and fashion that we left it roughly one week ago. We spent five different nights together, getting to-this point. Who knows how much time and effort the Administration collectively has put into it. But I don't truly believe that when we left the meeting last Tuesday night that anybody was really happy about all of it. So I spent the greater part of last week trying to establish just a plan that w/ll, to use the words of the good Senator Halford, a plan that makes anybody real happy but nobody real unhappy has got to be a real good plan. I don't know if that's a wise proverb or not, but I'd like to attempt something. And so if I may pass a couple of these out. {Handed out paper.) The first part of it is a simple review of where we are at right now. The general fund as originally proposed, the way our budget book was written, showed an $8,649,317 expenditure. After five budget sessions, we whittled that all the way down to $8,643,481. That's against a projected revenue of $7.9 million that shows a projected budget deficit of/;653,058. Now, the next line--the projected lapse 4%--that $332,392 is from the budget book. After reviewing for about the 84th time this afternoon, that number is actually incorrect now. That's the number that came out of the draft book, but it represents a 4% lapse of the very top line, so that number is off 4% of the $6,000, OK? But in the big picture, pretty inconsequential. That leaves us with this ordinance in front of us tonight, Ordinance 1958-2002, with a net negative deficiency of $330,666. OK? Could I get an agreement from the Finance manager that those numbers look fight. Semmens: They're close--very close. Bannock: OK. Thank you for that. Within a million! OK. Here we go. NOw you can turn it over because here is the plan. My plan reads simply like this. I propose that we set the general fund spending 1/m/t from the adjustment value after five work sessions of $8,643,481 to a not-to-exceed value of $8,483,481. This represents a net decrease of $165,000, or roughly one-half of the originally proposed deficit. The Administration is charged with making the necessary adjustments with the following items for consideration: no mill rate increase; no negative adjustments to life, health or safety issues; and then the big one--the measurement of success will be how many residents cannot see or feel the difference. Now a really spiteful Administration would say, "Fine. We~l lay off the police department." Or, "Fine. We'll cut the budget. We'll eliminate (unintelligible)." That would drastically fail test number three. KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 10 The numbers would then be the column that you see right there. The general fund amended, our projected revenue does not change. That puts us in the tank $500,003. The amended lapse figure goes back in at $325,000. Thus, we have an adjuStment deficit amount of $177,300. I tried to weigh some of the comments that were made at our final meeting. There were comments from, "We don't want to have any red money, red ink;" "We can handle $300,000 worth of red ink;" "We want the Administration to do the very best that they can"--all kinds of different comments. So what I have proposed with this, and then if the Mayor is willing, I will offer it up as an amendment in just a couple of moments, is a plan that challenges the Administration to do just that. I did give a copy of this to Ms. Snow yesterday. She came to work today, so either she thinks it has no chance or she thinks it is a doable plan. One or the other. To speak philosophically to it, our red ink is not because of a tax problem. Our red ink comes from one major place. It comes from Mr. Semmens' inability to get us 10% return on our money. (laughter) Just kidding. But it does, in fact, come from the fact that our interest revenues are down. Nothing, no other categories are down. No other spending limits are up. Approximately 2-1/2 years ago, it might have even been three, the former City Manager put together a plan that he showed the majority of this particular Council here tonight that projected a mill rate increase next year. While we have had some unforeseen changes, particularly in our interest revenue, from that day to this day, it is still my opinion that that shortfall can be made up with cuts and that that shortfall can be made up with cuts that pass test number three--how many residents cannot see or feel the difference. Now, clearly, the seven of us couldn't do it. Any four of us could not come together with what those cuts may or may not be. But I would submit to you that I truly feel that our Administration can, if they are given that direction. And in closing, I told the City Manager when I brought this to her that, quite frankly, she brought this upon herself because of a comment that she made. She said, "You know what? You're the Council. If you tell us we have to have a zero budget, a no deficiency budget, we can create it. Itel hurt, but we can create it." I'm not interested in doing that. With that being said, Mr. Mayor, I would propose an amendment to Ordinance 1958- 2002 that the item marked general fund $8,643,481 be changed to read $8,483,481. 11/illiams' There is an amendment on the floor that (unintelligible) the amendment. does need a second. It Bookey: For discussion, I'll second. IRilliams- It's been seconded for discussion, for discussion purposes. KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 11 .o Bookey: These are awful close to the numbers that I proposed at our last meeting. I think this is a very doable, acceptable way to handle this. I've smd it almost through the whole budget. We've argued and fought and twisted and turned on this budget. I believe that probably this is the only real, true, easy wa.v~and not even an easy way~ but a true way to get through this. So, I would accept this and I would support this. Bannock: I'm sorry, I do need to come back to one thing. I did find one more error. In the top line of my paragraph where it says, "I propose we set the general fund spending limit," please strike "spending." It should not say "spending limit." It just says "limit" because it is not my intent to--we had a good discussion in regards to the Administration being able to raise money--so forgive me for not changing that. It reads in the ordinance as a general fund and the amendment is to be the same. Strike "spending." Thank you. Moore: Let's look into the future a little 'bit. If we were to do this, cut this general fund limit to the amount as Mr. Bannock proposes, and then next year raise the mill rate, as Mr. Bannock proposes--or is in the plan--what does that do to our, to next year's budget? Do we have a surplus? We won't have a surplus. If we raise the mill rate by one mill, that's $375,000~I think we're in the black with this same budget. So what? Do we say, "Thanks, we're in the black," or (pause) (unintelligible) the general fund or I mean...? I'm just looking, you know this is going to set a precedence for what happens next year so we need to think ahead. Bookey: But I don't see us setting a precedent for going into the black because our projected budget deficit right now without lapse is $663,000. Depending on what our lapse is~I mean, lapse can go either way on us. Moore' red. I was including the lapse. I'm looking at the bottom line, the $177,300 in the Swarner: Well, I too had much soul searching after this last budget session and I came up with a few things that I thought we could do kind of without {unintelligible), or what ever. And I looked at the budget in the budget sessions as a person in a family or business situation. If you didn't have as much money coming in, what do you do in your personal lives? Personally, I would cut back on things or put decisions to purchase things on hold. Whether that would be your contingency to cut or just take part of that? Travel, is all the travel really necessary? And furnishings? There's been talk about remodeling upstairs. Our snacks? You know, if you have less money coming in, you cut out snacks. I mean that's something that hits us personally. Urn, any computer purchases be delayed unless absolutely necessary. And then I a/so put down, and this would be city-wide, any advertisements in the newspaper, let's try to be more creative if---I know there are some legal requirements~but is there some way that we can change them? Be less wordy? Smaller size? So we don't have to pay so KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 12 much in advertisement. You know, whether it's job searches, legal notices, whatever. But that's how I looked at the budget, too. Jackman' I'm still not real comfortable with a mill rate increase at this time. I feel like we should be able to trim some of the fat, as I've been saying, and get it down as far as we can go. Well, while I have to agree with Councilwoman Swarner that those are great ideas' and I definitely do agree with her, those are areas that we can cut. I think there are many more areas that we can cut, many more suggestions or ideas that some of the other Council does have. I am very comfortable with. Councilmans Bannock's proposal. So, I am willing to support this proposal. Williams: All right. My turn. Now we go to the other side of the house. I'm not comfortable with it. I haven't been comfortable with it. The only way... Let me start by saying that in going back over the budget for the last six years, as we all know, we have been deficit spending. Deficit spending on the budget in fact that the Administration brings to us, knowing full well that we had some pretty good reserves to back us up in case things went wrong. I'm no longer willing to start a budget season out in the red. I'm no longer willing to look at deficit spending. And there's only one way to not deficit spend and that is to take some big chunks out of this budget as I had said last week. I laid out $170,000 in really mean cuts. I didn't quite get to $330,000, and I'm really not willing to do that. I don't want to see those mean cuts made. Now, deficit spending is not good now and Councilman Moore talked about what happens in the future. If we deficit spend this year, we will wind up deficit spending next year because I will guarantee you that the question as to whether or not we raise the mill rate w/Il be before us next year and we will be running over it just like we are now. Now I proposed last week taking this amount of cuts, and I mean pure cuts, not saying to the Administration, you know, "Go around, look and see what you can do about cutting this" but taking cuts and adding half a mill. I'd also propose taking no ~cuts and adding a full mill. Now during the week I had asked the Finance department to prepare a little historical record of the mil/rate versus revenue from other sources in this community and if you ~1 turn the page to J1 to the second page I'd like to go over some of these with you just to show you what brings me to some of my conclusions. Right now, if we continue to deficit spend and draw from the kitty, we are in exactlv the same position that the State of Alaska is in with regards to deficit spending an~t using its constitutional budget reserve. The constitutional budget reserve is going down, and our reserve is going down. Now if you ~1 look at this little schedule here, I draw your attention to 1980-1976--in which our mill rate within the City of Kenai was 16.75 mills~in the City of Kenai 1976. At that time, we were drawing $319,810 in municipal assistance and revenue sharing from the State of Alaska; we had the KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 13 highest mill rate in our history at 16.75. I then bring your attention to 1985 when our mill rate went down to 1.9 mills and our municipal assistance and revenue sharing from the State of Alaska went to $1,680,000. Now that was the lowest mill rate we ever had and we were solely and totally dependent upon the State to run our city to the tune of $1,680,000. This entire community for many, many years--all the way from 1981 through 1989--literally was accepting money to run our entire city from the state. The highest point amounted to approximately $235 for every man, woman and child in the City of Kenai. It was an augment to your permanent fund and everything else the State was giving you. Now I draw your attention to the very top figure, year 2002 with a 3.5 mill rate, municipal assistance and revenue sharing at $303,000. Now if you look at that $303,000 and our 3.5 mill rate, you compare it to our $319,000 and 16.75 mill rate in 1976, you will find that we are no where near where we were in those days when we were paying our own way in the community. Fortunately for us, we have some heavy reserves and we've had a lot of heavy interest (unintelligible) because of the millions that were given to us by municipal assistance and revenue sharing. My point to make her'e is that two things: We're going to start paying our own way more and more or we're going to start doing more with the things that this community is giving to its people---this city is giving to its people in the form of services. Either we can pay for them what we want or we pay for what we don't need, and we don't pay for what we don't have. In other words, we're not going to keep giving money away. I'm no longer interested in going into a deficit spending mode. I am interested the budget the way that the Administration prepared it because I've been through that budget, and it is slim. As to Councilwoman Jackman's comment about fat, I'd like to have you show me where the fat is. Now on several occasions I have said, generally and publicly, don't come to me and tell me "cut the budget." Come to me and tell me "take this out of the budget." Show me where you're going to cut the budget. Now I've been through the budget. I know where there are some things to cut. I'm not interested in cutting them. I'm not interested in cutting them. There are some things there, but I don't like to hear the same old rhetoric of cut the budget, cut the budget. Show me where to cut the budget. So with that, a plan that does not include a balanced budget, totallY black, if it takes a mill rate increase is not acceptable to me. Bannock: Thank you. That's a good challenge, so I'm glad I dropped this off with the City Manager yesterday. So I would ask her in regards to this plan that I proposed, can that be done? I~l put her on the spot. ~ow' I can say on the spot that it can be done. certainly be done. It's not impossible to do. It can KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 14 Williams' Will it be acceptable to this total Council when those cuts be made? That's the next question. Bannock: That's why clause number three is written right there. Williams' Some of these cuts that the City manager will have to make will not be acceptable to me. Porter: I think that all of us have been really frustrated with the budget process. However, I don't feel like the five nights that I spent were wasted. I think we came up with a lot of suggestions of ways that we might want to go in the future. So I choose not to look at them as wasted. I do think that there are things in this budget that we could take a little bit of bite out of. I don't like~I actually was kind of thinking that this was a great idea~but the more I see the red, the more I don't like that. I don't do that in my own home. And I have received absolutely no comments from anybody in the general public except for one regarding not raising the mill rate. I did have an individual, v. ery well known in this community, that said to me that they had read what I had said in the paper that we needed to have a balanced budget--that if it meant raising the mill rate a portion--that we needed to be in the black. And that's just kind of how I feel about it. I just think that that's responsible. We've done spending and dipping into the savings account for many, many years and where do you stop that? Williams: Let me make one other comment with regards to paying our own way. I was here when we didn't have any money. I was also here when we didn't have a City Hall; we didn't have a police department; we didn't have a fire department; we didn't have a library; we didn't have an animal control shelter; we didn't have a visitors' center; we didn't have senior housing. I was here when we didn't have any of that stuff. I was paying big taxes. I paid just as much taxes as anybody else except the ones that owned multi-million dollar buildings. I chose to stick it out. I didn't leave town, cut and run, like a lot of other people did. I stayed here. I invested my money here, and I built here. I'm still here. All right? We built all of these things because these are the things that we wanted; these are the things the community wanted. Now, everybody that suffered through all of those years and paid for all of these things and built all of these things managed to do it. Now, these things are still here; these things still need to be operated; they still need to be run, and the community is growing and still needs them even more than they did then. So, therefore, those that are here today need to take the responsibility of paying for the operation of this community--the way it is today. Just like we paid to build this community and paid to ran this community all the last 30 years that I have been here and most of you have been here. That's my other point to make. I had a guy come up to me~I had two people come up to me---and complain about the mill rate. One of them I'll tell you publicly, Ron KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 15 Dolchok came to me and he didn't say, "Don't raise my taxes." He said, "Oh, you're gonna raise my taxes." And I said, "Yes I am, Ron, if I have my way "about it." The other gentleman, I don't know what his name is, but he said to me today and I just, I caught it, it really amazed me. He sat down next to me and he said, "I just moved here, and you want to raise my taxes." How long has he been here? Two years. Yes, you just moved to this community because you obviously like this community and like what's here. "I just moved here. You're gonna raise my taxes." Well, if you want to live here and enjoy these amenities that we have, these amenities are gonna have to be paid for. And I'm not willing to pay for them with red ink. That's mY other point to make. Thank you. Bookey: That's amazing. I've been here ten years, and we've done deficit spending every year I've been here. You've supported that every year. Williams: It's time to stop. Bookey: I tried to stop this red ink three years ago and I couldn't get this Council to even discuss it. Williams- Yup, you did. Bookey: And I am not willing to put the public in what I would consider a disadvantage on this budget because these seven members of this Council have spent over $3 million on a hockey fink--out of the general fund budget reserves. If that's the case, shame on all of us. We should have been saving that money. I'm not saying that was a wrong move, but doggone it, JOhn, it's not fair. We have had this budget proposed to us and sat down with a previous City Manager and we all discussed and looked at putting this ahead for the following budget--a budget increase of one mill. Everybody I have talked to in the last three years, IYe indicated to them in all good faith that that's what I would intend to do and hope ~o maintain that. And there's.no reason why we cannot spend another $177,000 in red ink this year for one more year to give the advantage to go on down the road. Porter: Basically, I just have one other thing I want to say. The general public was not aware that we were even going to discuss this tonight. Therefore, I guess we can go on notice as saying if our general public has a real big issue on this, which I haven't witnessed and it certainly has been in the newspaper~front page numerous times-- then I guess they have a chance to speak to that at our next council meeting when it is scheduled for public hearing. Maybe that is when we should address it. And I also understand that yes we did have--from what I understand, I don't think I was on the Council~you did have some advice to hold the mill rate until next year. KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 16 We also had some advice that the city employees deserved a raise this year. addressing that. We're not Williams' That's true. Now, let me remind you of one other issue that will go hand in hand with the budget, we must set the mill rate at the next budget. We~l do that by resolution, is that correct? If we do not set the mill rate... (unknown): Next"meeting." Williams: Next meeting. If we do not set the mill rate, it Will be automatically set for us. If we do not advise the borough of a change, the mill rate will be exactly as it is now. They will go into it with exactly the same. The ordinance says that we must have this budget prepared and ready for passage a minimum of 2(~ days before July 1, before it takes effect. Twenty days. If we do it on the 5th, that gives us 25 days. So. The Administration will bring a resolution to us next week setting the mill rate. What shall we advise the Administration to do with that resolution. Bookey: I'm status quo--3 ¥~. Williams: Are you willing to put that into a motion? Swarner: We have a motion already on the table. Williams: That's true. Bannock: (unintelligible) to the motion. The motion is specific to the dollar amount of the general fund. It is not specific to the mi!! rate; it's specific to the general fund amount. However, my formula that I presented to you is based on just that so it doesn't mean that you couldn't pass my amendment and raise the mill rate, but the program that I presented to you is assuming a 3.5 mill rate. Williams' We have motion on the floor to amend the budget as presented by Councilman Bannock, so we can vote on the amendment. We cannot, of course, vote on the ordinance, but we can vote on the amendment. Is there any further discussion? b-'warner: I have a question, I guess. Councilman Bannock, did you have--do you want to see where the cuts would be prior to voting on the budget at the next council meeting? Bannock: I did not ask the Administration for it. I did not have a plan for it. One of the reasons why I came with this theory, with no disrespect for the comments made by Mrs. Porter---it's kind of sick, but I didn't mind sitting through those five meetings, KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 17 either, but the fact of the matter is we couldn't get it done. There were a lot of things identified. The Mayor identified several large cuts. The fact of the matter is though, collectively we couldn't do it, or we chose not to do it. I've given the responsibility--I've offered up the responsibility---to the City Manager. The City Manager says it can be done. I'm confident in that, and I told her, with no disrespect, this third paragraph here, this third line, a very spiteful person would do something that would cause our chambers to be packed with people saying, "We want our streets plowed" or something like that. I've got no concerns that that's going to take place. I'm confident in the abilities of our City Manager. If we're not confident in the abilities of our City Manager, we should move to replace her. Swarner: Ok. So then i guess that I assume then that you do not, that you just want to see the total number changed by the next council meeting, and then after the budget goes into effect the first of July, it would be more addressed by the City Manager. Bannock: By the City Manager, not by the Council. I'm done going through line item by line item. Done with that for this year. Williams' And let me say, I can say unequivocally that if the City Manager brings some of the cuts that are going to be required under your plan or any plan that requires cutting $330,000... Bannock: Incorrect, Sir. That's not correct. If you go to the middle paragraph, this represents a net decrease of $165,000 or roughly one-half of the proposal. Now what's important to remember about that--that's not all cuts because it can be made up with other revenue other than mill rate. So, it is incumbent upon the Administration to shrink the red ink. , Williams- But, now let me finish. Under your plan or any plan that cuts either $177,300 or $330,000, I can guarantee that this Council is'not going to be happy with some of those cuts and is going to wind up putting some of them back. Now you're going to put them back because you21 have people here who are saying, "I want that back." I won't believe that there are any cuts that can be made that big that can balance this budget ' Bannock: I didn't say balance it. Williams' It's my turn, all right? That can balance this budget and bring it into the black, as I'm proposing, because I don't want to see any red ink at all, without some major cuts that are gonna be felt and not liked by this community. Bannock: Forgive me for interrupting you, but you were speaking to the plan, and my plan does not balance it. My plan is specific to $165,000 of cuts and/or increases in KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 18 something other than the mill rate. And we spent a tremendous amount of time discussing increases. Again, those increases are made by the City Manager, ratified by the Council. Now, I truly doubt, Sir, that she's gonna come with $165,000 worth of fee increases. I truly doubt that. However, I truly feel that in the combination of increased fees and cutting, we can satisfy this three-part test. Williams: Futher comment? (No comments.) All fight. The question is on the amendment as proposed by Councilman Bannock. Clerk, call the roll. VOTE ON AMENDMENT: Williams Bookey Bannock No Yes Yes Moore Porter No No* Jackman !Yes Swarner lYes *Porter: I'm voting no, but I'm only voting no not because I like all of this because I just don't like the black~I mean the red. MOTION PASSED. Williams' All fight. The amendment carries four to three. The Administration will bring a budget to us next week that reflects the numbers as shown on Councilman Bannock's paper. Now, that's just the amendment. Now we have to vote on the introduction. Bannock: Ask for unanimous consent. Williams' Unanimous consent has been asked for. Are there any objections? Swarner: Don't we have to have a roll call for introduction? Williams: I don't think so. No. Graves- That's why it can be put on the consent agenda. can't be unanimous consent... For the final passage, it Williams' From the chair, I~1 object. I want to vote on this issue. Moore' Just curious, since this is kind of uncharted waters for me, what happens if we fail to introduce the ordinance? Graves' Then, if you wanted to have a budget on time, you might have to try to pass it in one meeting with the process of second reading. KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 19 Bookey: I can assure that won't pass because it only takes one objection to have it even happen. That's doomed before we even start. VOTE ON AMENDED MAIN MOTION: I Wilhams ! Booker ,, Swarner No Yes Yes Moore Porter Bannock Yes Yes Yes Jackman Yes MOTION PASSED. Williams: All right. The budget is introduced. Now, the Administration will bring back a budget next week reflecting these numbers as shown by Councilman Bannock. The one thing that I hope would come out of this is that the Administration doesn't try to adjust the budget by reshaping the 4% roll back---the lapse portion of the budget. I hope we don't tamper with that because that's not exactly an interesting portion. It will be an interesting meeting next week. Now, I would ask the Council once again to go out and talk to the constituents because I, like most of you, haven't had an outcry from the general public on this issue. In fact, I was on the radio today; I've been on the radio in the past; I've been quoted in the newspaper; and I haven't had anybody calling my house and beating down my door and coming to my office about this mill rate increase. I would ask you to go and poll your constituents. (End verbatim) ITEM I: REPORT OF THE MAYOR Williams asked Council how they would feel about building a website around the question, "What shall we do with Millennium Square?" with the intent to gather information from the public about what they would like to see. Bannock suggested asking the Clarion to pose the question on their website for the City and Williams asked the Clarion reporter present to ask if this would be possible. ITEM J: ADMINISTRATION REPORTS J-1. City Manager- Snow reported the City's summer recreation program costs the City money to operate. The four summer-hires and equipment cost approximately $23,000. Up to 200 children participate in the program. Other options in Kenai are private day care (averaging $3.00/hour}, the Boys & Girls Club (averaging $.80/hour}, and the City of Kenai Program (free}. She proposed $1.00/hour, which would be $120 per session per child with additional children in one family paying $100 per child. Discussion followed regarding families who couldn't afford to pay. KENAI CITY COUNCIL MEETING MINUTES MAY 15, 2002 PAGE 20 Council left the decision to Administration, asking that families who can't pay not be turned away. J-2. Attorney- Attorney Graves advised Council he would be out of the office all of next week. . J-3. City Clerk- Clerk Freas advised she would be attending a conference from May 17 through May 27. ITEM K: DISCUSSION K-1. Citizens John Steinbeck -- Steinbeck stated businesses in Kenai could not take a mill increase and added, he would speak to this at the next council meeting. Bob Peters -- Peters stated his agreement with the Mayor and that he would like to see a sales tax and that Council should raise the mi!! rate by a "mill or two." He stated Council should make the budget cuts and not the City Manager. He suggested Council put more money in the bank. K-2. Council - Bookey-- No comments. Swarner-- Swarner noted the following: · The lettering on the blue highway signs is too small to be seen very far away and suggested larger print be used. Suggested a painting, by a local artist, at the Visitors Center art show be purchased and hung in the City Clerk's office. She added, the painting costs $2,000 and requested council's consideration of the purchase. Moore -- No comments. Porter-- Porter noted the following: · She agreed with Peters that the citizens of Kenai do have a good deal as the mill rate in Homer is 5.5 mills and the mill rate in Soldotna is 4.25. Asked Council when an executive session could be scheduled to address pay increases for the exempt employees. Porter proposed it be on the next agenda. Bannock-- Requested Administration send flowers and a card to the family of Sally Bailie who passed away last week. KENAI CITY COUNCIL MEETING MINUTES MAY 15. 2002 PAGE 21 Jackman -- No comments. Williams -- No comments. EXECUTIVE SESSION- None Scheduled ITEM L: , ADJOURNMENT The meeting adjourned at 10' 14 p.m. Minutes transcribed and prepared by' Sheryl Padilla, Acting City Clerk Z Z 0 0 Z ~ 'P' Z > m 0 m 0 0 0 0 0 X X X X X ~ W ~ Z Z < 0 ~ 0 ~ ~ Z ~ ~ 0 I- (/) LU 0 '~ 0 w I-- Z ::3 0 LU Z 0 o o Z) 0 ILl !-- 0 · 0 03 Z:) Z 0 (.1 z 0 (-'.') 0 :~ rr ~ z 0 ~ w ,~ m < n 0 n o_ ~ w r~ w uJ ~ ~ w F- UJ 0 n < ~ w n 0 F-,- (.9-- ~ z z ~ m ~ w Z Z LLi 0 n 7 W W < k-- ,, ~ ~- n- ~ z o ~ ~ o '~ ~- Z ~ n n,' ..3 Z >- LU 0 n ~ U_ d w n~ w !- n rr w 0 ' '~ w Z -r' ~ r,D Z :::) rr" ,< < r~ ~ Z * 1.1 o o LLICO LLI~ .,q'- o or) o o o o o n,' W o~ LLI 0 n,' Z ,~ w < w U.I 2D Suggested by: Administration City of Kenai ORDINANCE NO. 1959-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $57,255.85 IN THE WELLHOUSE 4 CAPITAL PROJECT FUND FOR THE BALANCE REMAINING ON A STATE GRANT. WHEREAS, the State of Alaska municipal matching grant #98-587-4-001 was originally appropriated in 1998 Water Systems Improvements Capital Project Fund for the Wellhouse, Pumphouse Modification and SCADA project; and, WHEREAS, the project is complete with grant funds remaining; and, WHEREAS, expenditures on the Wellhouse 4 project are grant eligible; and, WHEREAS, the 1998 Water System Improvements Capital Project FUnd will be closed and the balance transferred to the Wellhouse 4 Capital Project Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: . Wellhouse 4 Capital Proiect Fund Increase Estimated Revenues: State Grant 98-587-4-001 Transfer from WS $40,078.97 $17,176.88 $57,255.85 Increase Appropriations' Construction $57,255.85 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fifth day of June, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' (05 / 29 / 2002) hl Introduced: Adopted: Effective: June 5, 2002 June 19, 2002 June 19, 2002 CONSENT TO ASSIGNMENT FOR SECURITY The City of Kenai, Lessor in that certain lease dated March 10, 1993' between The City of Kenai Lessor and John P. and Karin L. Gensel dba Creative Childcare LTD Lessee, hereby consents to the assignment for security purposes of the right, title and interest of the Lessee in the above referenced agreements to The First National Bank of Anchorage as assigned by that certain Deed of Trust dated June ,2002 between John P. and Karin L. Gensel trustor, First American Title of Alaska, trustee and First National Bank Alaska, beneficiary. *Recorded Rarch I2, 1993 ~in Book 414 at Page 144. Legal: Lot Three (3), Block F_our (4), according to the Plat of Fidalgo Co~ercial Center Subdivision. Plat ~K-1587, Kenai Recording District, Third Judicial District, State of alaska. Lessor hereby agrees not to terminate said lease or take any action to enforce any claim with respect thereto without giving First National Bank Alaska 60 days prior written notice hereof and the right to cure such default within said period. PROVIDED, that, if the Beneficiary should take possession of the property pursuant to Provision of said Deed of Trust, said Beneficiary shall keep and perform all terms, Conditions, · covenants and provisions of said leases and, PROVIDED further, that the Tmstee's rights to sell the property pursuant to provision of said Deed of Trust shall be construed to mean the right to sell only the leasehold interest in the property, and, PROVIDED further, that the Lessor shall have the right to accept or reject any purchaser of said leasehold interest. Dated this ..... day of , 2002. Linda Snow City Manager STATE OF ALASKA ) Third JUDICIAL DISTRICT ) On this~ day of appeared said that ' the same to be act. , ~, before me, the undersigned Notary Public, , at , Alaska. I know~ to be and knew the contents of the foregoing insmnnent and acknowledged WITNESS my hand and official seal. Notary Public in and for Alaska My Commission expires: / ; / ASSIGNMENT OF LEASE FOR SECURITY PURPOSES (Lesee's Interest) John P. and Karin L. Gensel herein after called "Assignor", assigns and transfers to The First National Bank Alaska, a national banking association, hereinafter called "Assignee", all of its right, title and interest under the lease agreement dated March 10, 1993, between the City of Kenai as Lessor and John P. and Karin L. Gensel as Lessee, which covers the following described real property situated in the Kenai Recording District, Third Judicial District, State of Alaska. Lot Three (3), Block Four (4), Fidalgo Commercial Center Subdivision, filed under Plat No. K-1587, in the Kenai Recording District, Third Judicial District, State of Alaska. Recorded March 12, 1993 in Book 414 at Page 144. This Assignment is executed as security for repayment of $45,854 plus interest evidenced by a promissory note in said amount of even date herewith executed by Assignor in favor of Assignee. Assignor agrees to execute any further documents necessary or appropriate to effectuate the purposes of this Assignment. DATED:June 07, 2002 ASSIGNOR: BY: TITLE: .John P_ Gensel Karin L. Gensel STATE OF Alaska ) Third JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~ day of , ~, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn, personally appeared John P. and Karin L. Gensel , known to me and to me known to be the N/A of N/A, and he/she executed the same as his or her voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate first written above. Notary Public in and for: My commission Expires: CITY OF KENAI /~" ''~ "0il Capital of Aiaska" 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 FAX: 907-283-3014 MEMORANDUM TO: FROM: Mayor William[~~,,.City Council Members Linda L. Snox0, City Manager DATE: May 29, 2002 gEe · Basin View Subdivision On April 22, 2002, the City received a petition requesting that an assessment district be formed for the purpose of paving Dolchok Lane, Kim-N-Ang Court, and Cub Court streets in the Basin View Subdivision. On May l~t, the City Clerk informed Council by memorandum and attachment that the petition was received with a project description, was signed by a sufficient number of property owners (more than 50%), and was forwarded to the City Manager for review. The Administration agrees with the scope of the improvements to include engineering design and inspection, excavation, backfill, grading, leveling, and drainage improvements with culverts, asphalt paving, topsoil, seeding, and signage. The property owners did not request curbs and gutters. All of the lots are nearly one acre or more in size, valued commensurately, and most all the lots have structures on them. Paving in this Local Improvement District (LID) will result in reduced road maintenance and dust control costs. The cost percentage proposed for this assesSment district is 25% of the LID project costs. This is the same percentage designated in Resolution No. 92-26 and in Resolution No. 2002-31 for the Pillars LID. Financing of the project is proposed as follows: City of Kenai Municipal Matching Grant Funds (70%) City of Kenai General Fund Contribution (5%) Property Owners (25%) Total Estimated Costs $288,400 20,600 $103,000 $412,000 Attached for informational purposes are the preliminary cost estimate, the preliminary assessment roll, a map of the project area, a survey of the LID including legal descriptions, and information for the public heating. Please note that the preliminary assessment roll is based on an equal assessment per lot rather than on the square footage of each lot. The Administration proposes the equal proportionality method of assessment for this project for the following reasons: [1 ] Many of the larger lots per square footage contain wetlands that cannot be developed; [2] The majority of larger lots per square footage cannot feasibly be subdivided to give the owner an advantage over the others; [3] The property owners of each lot will benefit from this improvement regardless of the lot size. "'It should also be noted that KMC 16.05.010 (b) Provides that "no assessments shall be levied in excess of twenty-five percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed .... "In preparing the preliminary assessment roll, Public Works Manager Keith Komelis used the Kenai Peninsula Borough assessed values that the City currently has in its records. As you know, the assessed values are scheduled to increase next month and will be used in the final analysis. As you can see from the enclosed Comparison of the KPB Assessed Value vs. Project Costs attachment, there are a few properties that may be impacted by KMC 16.05.010(b) unless the new KPB assessed values are high enough to cover the maximum allowable percentage assessment. While there was discussion about increasing the percentage cost allocation of LIDs at the April 17~ Council meeting, the topic was identified as a further discussion item for the budget policy work session of May 7th. Unfortunately, there was insufficient time to discuss the matter further. If there is no objection from Council, however, the Administration will prepare a Resolution to revise the percentage cost allocation at some point in the near future for Council consideration. Finally, if Council wishes to Proceed further with the proposed Basin View Subdivision LID, a Resolution to set the public hearing date can be prepared and presented to Council at the regular meeting of June 19~. ,, BASIN VIEW LID DOLCHOK LANE, KIM-N-ANG COURT, & CUB COURT PRELIMINARY COST ESTIMATE 5~8~02 KK Units Est. Quantity Unit Price Total Cleadng & Crubbing LS I 2,200.00 2,200 Unusable Excavation CY 3,790 7.98 30,244 Type l Classified Fill & Backfill CY 2,392 13.20 31,574 Leveling Course SY 11,000 2.20 , i 24,200 Construct Approach EA 20 275.00 ~ 5,500 2 "AC Pavement SY 11,000 9.00 99,000 Construct Open Ditch LF 410 16.50 6,765 Construct Swale LF 400 11.00 4,400 Recondition Ditch LF 5360 2.75 14,740 15"x 16 Ga. CMP LF 400 19.80 7,920 18" x 16 Ga. CMP LF 160 26.40 4,224 15"x 16 Ga. CMP End Section EA 40 132.00 ' 5,280 18"x 16 Ga. CMP End Section EA 10 242.00 2,420 Topsoil MSF 33 82.50 2,723 Seeding MSF 33 82.50 2,723 Remove & Relocate Signs EA 2 110.00 220 Traffic Maintenance LS I 2,750.00 i 2,750 Existing Utilities in Const. Zone LS I 5,500.00 5,500 Mobiliazation & Demobilization LS 1 11.,000.00 11,000 FOrce Account Work LS 1 10,000.00 10,000 Basic Bid 273,383 Contingency (20%) 54,677 Basic Bid Plus Cont. I 328,059 BASIC ESTIMATE , A d mi n istratio n 3,000 3,000 Engineering Design (10%) 32,806 33,000 Inspection (7%) 22,964 23,000 Construction 328,059 328,000 TOTAL 386,829 387,000. Utility Relocation Rough Cost Est. 25,000 TOTAL PROJECT C'OST $ 412,000 ! Prepared by Keith Komelis 05/24~2002 Page 1 PRELIMINARY ASSESSMENT ROLL ., BASIN VIEW LID Dolchok Lane, Kim-N-Ang, & Cub Court · *******Based on each property owner paying an equal share******* ....... Below costs are estimates - final cost will be based on the actual cost of the project. Properties to be assessed: See Property Owners Spread Sheet ID 100% of Cost 25% of Cost 35% of Cost 50% of Cost # OWNER ACRE Square Feet % of Total ~Est. $ Est.$ Est.$ Est.$ 1 KLABEN 1.02 44,431 0.014843 10,300 2,575 3,605 5,150 2 KLABEN 1.45 63,162 0.021100 10,300 2,575 3,605 5,150 3 PLOUS & BARNARD 1.38 60,113 0.020081 10,300 2,575 3,605 5,150 4LEE 1.94 84,506 0.028231 10,300 2,575 3,605 5,150 5'RAINEY 2.25 98,010 0.032742 10,300 2,575 3,605 5,150 6 KREIN 3.70 161,172 0.053842 10,300 2,575 3,605 5,150 7HOOD 1.67 72,745 0.024302 10,300 2,575 3,605 5,150 8 LASHOT 1.35 58,806i 0.019645 10,300 2,575 3,605 5,150 9 ROSS 0.93 40,5111 0.013533 10,300 2,575 3,605 5,150 10 CHEEK 3.05 132,858 0.044383 10,300 2,575 3,605 5,150 11 MISHLER 0.99 43,124 0.014406 10,300 2,575 3,605 5,150 12 RICHARDSON 0.99 43,124 0.014406 10,300 2,575 3,605 5,150 13 WOLSTERMAN 0.99 43,124! 0.014406 10,300 2,575 3,605 5,150 14 MENA 0.94 40,946t 0.0136791 10,300 2,575 I 3,605 5,150 15 MARSTON 0.921 40,075t 0.013388{ 10,300 2,575 3,605 5,150 16 LEMAY 0.92i 40,075 i 0.0133881 10,300 2,575 3,605 5,150 17 STEWART 0.921 40,075 0.0133881 10,300 2,575 3,605 5,150 18 BALDWIN 0.92' 40,075 0.013388 10,300 2,575 3,605 5,150 19 MCDONALD 1.00 43,560 0.014552 10,300 2,575 3,605 5,150 20 BALDWIN 7.08 308,405 0.103027 10,300 2,575 3,605 5,150 21 ABLES 3.64 158,558 0.052969 10,300 2,575 3,605 5,150 22 GAHR 4.55 198,198 0.066211 10,300 2,575 3,605 5,150_ 23 EUBANK 3.69 160,736 0.053696 10,300 2,575 3,605 5 24 I_ARSON 2.71 118,048 i 0.039435 10,300 2,575 3,605 5,. 25 CHAFFIN 2.80 121,9681 0.040745 10,300 2,575 3,605 5,150 26 DOLCHOK ' 1.07 46,609 0.015570 10,300 2,575 , 3,605 5,150 , 27 RHODES 1.83 79,715 0.026630 10,300 2,575 3,605 5,150 28 COLYER 1.00 43,560 0.014552 10,300 2,575 3,605 5,150 29 PETTEY 0.92 40,075 0.013388 10,300 2,575 3,605 5,150 30 PETTEY 0.93 40,511 0.013533 10,300 2,575 3,605 5,150 31 FERGUSON 0.90 39,204 0.013097 10,300 .'~ 2,575 3,605 5,150 32 FERGUSON 0.92 40,075 0.013388 10,300 2,575 3,605 5,150 33 BROWER 0.92 40,075 0.013388 10,300 2,575 3,605 5,150 ~ HUTCHINS ~ "3.00 130,680 0.043655 ' 10,300 ' 2,575 3,605 ..... 5, i50 35 COSTON 1.08 47,045 0.015716 10,300 2,575 3,605 5,150 36 PLAGGE 1.00 43,560 0.014552 10,300 2,575 3,605 5,150 37 PLAGGE 0.92 40,075 0.013388 10,300 2,575 3,605 5,150 KNUDSEN & 38 ARMSTRONG 0.94 40,946 0.013679 10,300 2,575 3,605 5,150 39 HAYWOOD 1.08 47,045 0.015716 10,300 2,575 3,605 5,150 40 CITY OF KENAI 0.41 17,860 0.005966 10,300 2,575 3,605 5,150 . TOTAL 68.72 2,016,392 1.000000 412,000 103,000 144,200 206,000 Muni Match Grant (70%) 288,400 ..... General Fund (5%) 20,600 Property Owners (25%) 103,000 ., TOTAL 412,000 Muni Match Grant (65%) 267,800 "~ Property Owners (35%) 144,200 '~ TOTAL 412,000 Muni Match Grant (50%) 206,000.0 i Property Owners (50%) 206,000.0 Pr~.nar~l hv K~_ith Knrn~.li.~ DRI94121~0i ) TOTAL 412,000.0 · LOT 15 5 ILU ~.7 GOVT. LOT 16 i GOV'T. LOT 17 GOVT. LOT 18 %,, / / FOUR BASIN VIEW WAY , 25 ~'~., ~ .'~, ~.~ TR. 1 JACK WEBB SUBD. -----._ .... ~ Bi'AVER ,,,. SUE , /,/' · 12A ",,,~ TIDE VIEW HEIGHTS 13A CREEK AVE. COMPARISON OF THE KPB ASSESSED VALUE VS. PROJECT COSTS I ] p~aying an equalI hare*~~ I _ *******Base~, on each property owner s New Assessed Values will be used when they become available from the KPB No Assessment can be higher than 25% of fair market value including benefit of work. (Below is KPB value) RECORD OWNER Value Land Value Struc Land + Struc 25% of Value 25% Const. 35% Const. 50% Const Max. Cost I KLABEN 12,800 0 12,800 3,200 2,575 3,605 5,15'0 2 KLABEN 20,600 123,900 144,500 36,125 2,575 3,605 5,150 3 PLOUS & BARNARD 18,300 161,500 179,800 44,950 2,575 3,605 5,150 4 LEE 18,200 0 18,200 4,550 2,575 3,605 5,150 5 RAINEY 26,400 166,600 193,000 48,250 2,575 3,605 5,150 6 KREIN 29,900 150,900 180,800 45,200 2,575 3,605 5,150 7 HOOD 18,700 0 18,700 4,675 2,575 3,605 5,150 8 LASHOT 23,100 131,900 155,000 38,750 2,575 3,605 5,150' 9 ROSS 19,300 142,700 162,000 40,500 2,575 3,605 5,150. 10 CHEEK 30,100 176,800 206,900 51,725 t 2,575 3,605 5,150 11 MISHLER 19,300 142,000 161,300 40,325 t 2,575 3,605 5,150 12 RICHARDSON 19,300 184,100 203,400 50,850I 2,575 3,605 5,150 13 WO LSTERMAN 20,400 161,000 181,400 45,350 2,575 3,605 5,150 14 MENA 19,300 169,300 188,600 47, ~ $0 2,575 3,605 5,150 15 MARSTON 19,300 100,000 119,300 29,825 2,575 3,605 5,150 -i-6- LEMAY 19,300 117,800. 137,100 34,275 2,575 3,605 5,150 17 STEWART 19,300 123,200 142,500 35,625 2,575 3,605 5,150' 18 BALDWIN 12,800 0 12,800 3,200 2,575 3,605 5, 19 MCDONALD 12,800 0 12,800 3,200 2,575 3,605 ' ~', 20, BALDWIN 36,600 149,900 186,500 4,6,625 2,575 3,605 5,150 21 ABLES 31,000 131,400 162,400 40,600 2,575 3,605 5,150 22 GAHR 29,300 116,300 145,600 36,400 2,575 3,605 5,150 23 EUBANK 29,300 163,200 192,500 48,125 2,575 3,605 5,150 24 LARSON 27,500 153,900 181,400 45,350 2,575 3,605 5,150 ,, 25 CHAFFIN 26,100 194,300 220,400 $$,100 2,575 3,605 5,150 26 DOLCHOK 20,100 81,000 101,100 25,275 2,575' 3,605 5,150 27 RHODES 20,000 0 20,000 5,000 2,575 3,605 5,150 28 COLYER 8,600 0 8,600 2,150 2,575 3,605 5,150 29 PETTEY 12,800 0 12,80.0. 3,200 2,575 3,605 5,150 30 PETTEY 22,000 93,300 115,300 28,825 2,575 3,605 5,150 31 FERGUSON 12,800 0 12,800 3,200 2,575 ~ 3,605 5,150 32 FERG USON 19,300 142,300 '161,600 40,400 2,575 3,605 5,150 33 BROWER 19,300 40,400 59,700 14,925 2,575 3,605 5,150 34 HUTCHINS 25,900 84,100 110,000 27,500 2,575 3,605 5,150 35 COSTON 16,200 116,700 132,900 33,225 ~ 2,575 3,605 5,150 36 PLAGGE 9,700 0 9,700 2,425 2,575 3,605 5,,i50 37 PLAGGE 12,800 0 12,800 3,200 2,575 3,605 5,150 KNUDSEN & 38 ARMSTRONG 12,800 0 12,800 3,200 2,575 3,605 5,150 39 HAYWOOD 12,800 0 12,800 3,200 2,575 3,605 5,150 40 CITY OF KENAI 800' 0' 800 ' 200 · 2,575 3,605 5,150' TOTAL 784,900 3,518,500 4,303,400 ~MPROvEMENTS: Gradin~l & Backfill; Drainage; Pavin~l;Topsoil & Seeding; Signa~le Prepared by Keith Kornelis 05/24/2002 Page 1 May 7, 2002 City of Kenai Dear Mayor Williams, BOY SCOUTS OF AMERIC~ The Boy Scouts of Troop, Team and Crew 152 are proud of the service and responsibility they render to the Kenai Community each year by displaying the American Flag on 10 National Holidays along the Spur Highway and Willow Street. Due to the tragedies and heroics of September 11, 2001, we have delayed until now our annual fundraising attempts, hoping it is a more appropriate time. For more than a decade, local merchants, groups and individuals have shown their support of the flag display by contributing to our Troop's only fundraiser. We greatly appreciate the support that has been given in the past and hope you will continue your support this year to The Boy Scouts of America of Troop, Team and Crew 152. The Boy Scouts will once again use the funds generously donated to support their adventures attending camps, jamborees, and other scouting events. In addition, these funds will provide materials and supplies to support their local weekly scouting activities and monthly campouts, including camping gear and fa:st aid supplies. We will also be using these funds to repair and obtain new flags to display in Kenai on the holidays. Our leaders and parents would also like to thank the City of Kenai for your continued support of our troop's boys as they progress to manhood with a Scouting background of high morals, standards, achievement and skills that will carry them throughout their lives. We Salute You. Kaleb Johnson Senior Patrol Leader Troop 152 The Boy Scouts of America Convention & Visitors Bureau, May 14, 2002 The Kenai Peninsula visitor's map is a valuable and successful publication for our region. MARCOA Publishing, Inc. produced our area maps in the past and we have asked them to update and prim a new map edition. This will give Peninsula business communities the oppommity to showcase their products and services to visitors. The maps will be provided without cost and distributed through the Kenai Convention and Visitors Bureau and other potential locations. MARCOA will cover all costs of the maps through the sale of advertising. This advertising sales campaign began April 29~h and this correspondence further introduces to you MARCOA's sales manager Matt Gerber. He will be calling on Peninsula businesses to offer the oppormmty to participate in the map. Currently the chambers in Homer, Kenai and Soldotna are developing and publishing city specific maps for each town. MARCOA's map is separate from these publications, and is a peninsula-wide map. If you have any questions, feel free to contact me at 283-1991. Thank you. Sincerely, Ricky Gease Executive Director www.visitkenai.com 1/171 lt~r~i c~r~r Mio'h~t;av · kr~n;~i. Al;a~t~;a c"~1 1 · tc'V'l'7~ '~c~'~ _ ~ c'~,~ , v.,.. ~cva-t~ -~c~-~ ~-~r~ . r' ;~. ~.,-, a.r~.,~.,~ ..... KENAI PENINSULA AREA I I MAP Ill I MAP ADVERTISING SCHEDULE STANDARD POSITIONS 1/4 PANEL $ 690.00 1/2 PANEL $1375.00 FULL PANEL OUTSIDE BACK COVER $275O.O0 $3230.00 PRINTING: The Publication is"I~ted by offset lithography. MECHANICAL REQUIREMENTS: The advertiser is expected to fumi~ appropnale camera-ready art or electronic media. (See our eleetromc media checklist). AD SIZES: The first dimension shown is the horizontal width. The second is the vertical depth. Our representative can supply you with an ad copy sheet showing dimensions. Publishing, Inc., 9955 Black Mountain Rd., San Diego, CA 92126 or PO Box listed below. TERMS: One-half (1/2) cash with order. Balance due upon receipt of ad proof. A five percent (5%) cash discount on the ad rate is given if' payment in full aceompames contract. AD COPY: Any ad material that does not acx~mpany the contract should be forwarded to MARCOA MARCOA Publishing, Inc. P.O. Box 509100 San Diego, CA .................................. 9100 92150- 4-2002 Rev (5/18/02) PROJE CT: MARCOA Publishing, inc. FIRM NAME: 9955 Black Mountain Rd · San Diego, CA 92126-4514 CONTRACT #: PO Box 509100 · San Diego, CA 92150-9100 AD SIZE: Phone: (858) 695-9600 Fax: (858) 530-3310 emaih ads @ marcoa.com IMPORTANT: WE WILL NOT ACCEPT DIGITAL FILES UNLESS THEY FOLLOW THE CRITERIA LISTED BELOW. To ensure high quality publications, our pre-press workflow depends on correctly built files. Please take the time to fill out the checklist below, and retm'n it to MARCOA Publishing, Inc. We are looking for details about the files that you are submitting to us. Please be as specific as possible. Thank you for your cooperation. IMPORTANT:. IT IS REQUIRED THAT YOU SEND A PRINTED SAMPLE OF YOUR AD. IF YOUR AD IS IN COLOR PLEASE SEND COLOR PROOF. MARCOA IS NOT RESPONSIBLE FOR THE COLOR OR ACCURACY OF A SUPPLIED AD WITHOUT A PRINTED PROOF. PLEASE FILL OUT CHECKLIST BELOW ACCORDING TO THE COMPUTER YOU USED-EITHER MACINTOSH OR IBM (MAC~-~TOSH IS Pm;FERRED) CHECK pROGRAM(S) USED: (2 QuarkXpress Adobe Illustrator Adobe Photoshop Freehand Adobe Pagemaker Microsoft Word (text fries only) MUST INCLUDE FONTS USED: [~ Only necessary printer & screen fonts are included {~ EPS images--necessary printer & screen fonts are included MUST INCLUDE SUPPORT IMAGES USED: Note: For best quality support images must be saved in TIFF or EPS format. JPEG format is supported as long as it follows the criteria listed below. ~ Al! support images are included IMPORTANT: Files pulled off the internet are almost always saved at a .... ""-'n that is too low for print quality. EPS IMAGES: [~] All necessary fonts (printer & screen) are included ~ If it is a Photoshop EPS, "encoding" is set to "binary" JPEG IMAGES: QUALITY--save with maximum quality RESOLUTION--must be 300 DPI at actual print size Saved as CMYK ~ RGB) Resolution MUST BE 300 DPI at ACTUAL PRINT SIZE. Saved as CMYK ~ RGB) Does not contain any unnecessary channels or paths Bitmap images MUST BE 1,000 DPI MARCOA DOES NOT ACCEPT PDF FILES AT THIS TIME · cOMPRESSION FORMATS SUPPORTED: BinHex, MacBinary and Zip USE THE FOLLOWING TO SEND YOUR FILES TO US: CD-ROM, Jazz Disk (I-2GB), Zip Disk (lOOMB-250MB), 5 1/4" Magneto Optical Disk (1.2-2.6GB), DVD PLEASE CHECK PROGRAM(S) USED: [~] QuarkXpress Adobe Illustrator Adobe Photoshop Freehand Adobe Pagemaker Microsoft Word (text files only) IBM FONTS MUST BE CONVERTED TO PATHS: [~ All fonts converted to paths (outlines) Note: If your file is done in QuarkXpress: save document as a Quark EPS, place thi~ EPS into Photoshop, (Resolution must be 300 DPI, mode must be CMYK), save document as a T/FF MUST INCLUDE SUPPORT IMAGES USED: Note: For best quality support images must be saved in TIFF or EPS format. JPEG format is supported as long as it follows the criteria listed below. [~] All support images are included IMPORTANT: Files pulled off the intemet are almost always saved at a resolution that is too low for print quality TIFF IMAGES: EPS IMAGES: {~] ALL FONTS CONVERTED TO PATHS (outlines) ~] If a Photoshop EPS, "encoding" is set to "binary" JPEG IMAGES: QUALITY--save with max/mum quality RESOLUTION--must be 300 DPI at actual print s/ze Saved as CMYK (not RGB) Resolution MUST BE 300 DPI at ACTUAL PRINT SIZE. Saved as CMYK ~ RGB) Does not contain any unnecessary channels or paths Bitmap images MUST BE 1,000 DPI OR E-MAIL YOUR FILES TO US: ads@marcoa.com (please supply the project name, firm name and contract number with e-mail) SALES REP NAME: PHONE #: nal Municipal Airport · r,=, r,,HON,= 907.;83~795i FAX 907.283.3737 Memo To: From- · Date- Subject: Linda L. Snow, City Manager Rebecca Cronkhite, Airport Manger ~ ~ May 29, 2002 Terminal Flooring Proposed Resolution As you know, I have been working with the City Attorney and Public Works Manager to address concerns on the quality of tile installation in the Airport Terminal. The City continues to hold the final payment of $25,000 while we work with the contactor to resolve the issue of proper installation. Mr. Walther has been very cooperative during this process and has attempted to resolve the issues. Unfortunately, tile colors vary between lots and when sections were replaced, the color difference was noticeable. We determined that replacing sections would further detract from the overall appearance and halted the replacement work. The Public Works Manager, City Attorney and I met with Mr. Walther to negotiate a proposed settlement on May 17. The parties agreed that the aesthetic value of the installation is the primary issue. Upon review of the documents, it was determined that the total cost of the tile portion of the flooring replacement was approximately $38,000 not including labor and material for the sections that have already been replaced at the contractor's cost. Of that-amount, approximately $15,000 was designated for installation and profits. The original material cost was not considered because the specified tile was installed--once again, it is only the appearance that is in question. We believe that retaining half of the installation and profit ($7,500) would be appropriate in this situation. In conclusion, the value of appearance is difficult to put a number on. There are no set formulas to rely on and an attempt to get a higher judgment could prove difficult and costly. Mr. Walther has agreed to this settlement proposal and the City Attorney, Public Works Manager and I believe it is in the best interest of the City to accept. Thank you for your timely consideration of this issue. Mr. Walther is available to meet with you if you have additional questions or concerns. He is aware that the final decision rests with you and Council and is awaiting your determination. www.ci.kenai.ak.us 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 Williams and City Council Members Linda L. Snow, City Manager DATE: May 29, 2002 Police Chief Appointment After completing my review of the qualified applicants for the position of Police Chief, as you know from an earlier email, I offered the position to Lt. Charles Kopp. Lt. Kopp accepted the position effective June 1 ~t. In comparison with the resumes of other applicants, Lt. Kopp consistently met and exceeded the. qualifications of all other candidates. In addition, Lt. Kopp is not only familiar with and has developed a network of professionals within the community, the region, the state, and the country, but he has also performed admirably as Acting Police Chief and as a representative of the Police Department on many occasions. Clearly, the City would have gained nothing by extending the selection process any further. Lt. Kopp has said that he will do everything possible to insure a smooth transition and, knowing that he has the full confidence of the City of Kenai Police Force, I have every confidence that he will be successful in that endeavor and in fulfilling the duties of the office throughout his tenure. 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: DATE: SUB J: Linda Snow, City Manager Lawrence A. Semmens, Finance Director~~ May 21, 2002 Banking Services RFP Banking services have changed since our last RFP in 1997 and the process of obtaining and evaluating proposals is going to take more time than I have available over the next couple months. In addition, if a change in banks were made, the current August 1 schedule would be very inconvenient for the finance department. Therefore, due to current and anticipated workload priorities, I am recommending that we extend our banking services agreement with Wells Fargo for up to nine months. My plan would be to issue the RFP in November with a February or March implementation date. I can report this to the council at the next meeting if you approve this recommendation. IN THE MATTER OF THE APPEAL OF THE ALASKA CHALLENGER LEARNING CENTER FOR SPACE AND SCIENCE REGARDING DENIAL OF A SIGN VARIANCE Case No. BA-02-1 I. DECISION The appeal is granted. II. PROCEDURAL HISTORY On March 5, 2002, the Alaska Challenger Leaming Center/'or Space and Science (Challenger) (www.akchallenger.or~) applied for a sign variance under KMC 14.20.220 at its location at 8711 Kenai Spur Highway in Kenai. The Challenger is the local branch of a national non-profit organization founded by the families of the Challenger crew. Using space exploration and simulated space missions as a theme, Challenger Centers seek to encourage students' interest in math, science and technology and encourage them to seek careers in those fields. The Challenger is located, on a 2.38-acre tract of land adjacent to the Kenai Spur Highway. Adjacent to the Challenger is Kenai Central High School located on a 31.71-acre tract of land and the Kenai Multipurpose Facility that is on a 7.26-acre tract of land. See Attachment A. The area is zoned Suburban Residential (RS). Because of the zone, the Challenger was required to get a conditional use permit under KMC 14.20.180 to operate on the site. Kenai Central High School and the Multipurpose Facility also needed conditional use permits to operate in the RS zone. Under KMC 14.20.220(b)(2)(C) (the sign code), an entity operating under a conditional use permit is allowed a sign of up to 32 square feet. The Kenai Spur Highway in front of the Challenger has a large fight-of-way that requires the Challenger's sign to be placed about 155 to 160 feet from the shoulder of the road in a depression of the terrain. Because of that distance and the terrain, a 32 square-foot sign is not readily visible from the highway. The Challenger submitted the design shown on Attachments B and C. The drawings show a large pillar with a sphere on top. The pillar is 75 square feet in size, and the sphere is 63.62 square feet. Emblems of three organizations appear on the pillar. The sphere contains no text--- only the pillar will have text on it. The sphere does not represent the emblem or the logo of the Challenger, NASA or the sponsoring entity Agrium. It is an abstract representation of the universe designed to integrate into monuments representing planets on the premises. Board of Adjustment Decision- Challenger Sign Variance Page 1 of 6 One of the issues before the Commission was whether the sphere is considered a "sign" under KMC 14.20.220. If the sphere is not considered a "sign," the size of the sign would be 75 square "si n" feet, requiting a van.ance of 43 square feet ..... If the sphere is considered a g , the sign would be 139 feet, requiting a variance of 107 square feet. Although Kenai Municipal Code 14.20.290(b)(1) requires only that notice be sent to property owners within 300 feet of the subject property, notice was sent to property owners within 1000 feet because of the large size of the subject parcel and adjoining parcels. It was also to give increased public notice. Additional notice was provided in the newspaper and by posting it on the City's web page. The public hearing was held before the Kenai Planning and Zoning Commission on March 27, 2002. The staff recommended approval of the variance. The only member of the public to speak was Steve Horn, Director of the Challenger, who presented the Challenger's position in favor of the variance. No one spoke against the variance. After debating the issue, the Commission voted five to nothing to deny the variance. Three of the five Commissioners expressed the opinion that the sphere was a "sign" under KMC 14.20.220. The Commission felt that a variance of 107 square feet was too great and would set a bad precedent for other sign variance requests. There were two previous sign variances granted in the general area on the opposite side of the Kenai Spur Highway. One was for the New Life Church (a variance of 25.8 feet for a sign total of 57.5 feet). The other was for the Grace Brethren Church (a variance of 8 square feet for a total of 40 square feet). On April 4, 2002, the Challenger appealed the decision of the Commission to the Board of Adjustment under KMC 14.20.290. The Kenai City Council met. as the Board of Adjustment on May 1, 2002 to hold a public heating on the appeal. At the heating, two people testified in favor of granting the appeal. They were Steve Horn, Executive Director of the Challenger, and Peter Klauder, the architect who designed the sign for the Challenger. As at the heating before the Planning and Zoning Commission, no one from the public spoke against the variance. Two letters in favor of the appeal were also submitted. One was from Bob Favretto, owner of the Kenai Chrysler Center located on the Kenai Spur Highway about .5 mile from the Challenger Center. The second was from Debbie Sonberg. Ms. Sonberg accurately describes herself in the letter as an active community member and a resident of a nearby neighborhood. She was in favor of granting the appeal. III. FINDINGS We agree with the Commission that the sphere is a "sign" under the definition in KMC 14.20.220(f)(21)~ and, therefore, we find the size of the sign is 139 square feet and the variance is for 107 square feet. However, we note that in many ways the sign is more like a monument (which would not require a permit) than it is like a sign. We review the characteristics of this application according to the five review criteria in KMC 14.20.180(c).2 The first is whether special conditions or circumstances exist for this property Board of Adjustment Decision- Challenger Sign Variance Page 2 of 6 and the sign. The undisputed testimony is that the Challenger did not request the sign variance merely to have a bigger more visible sign. It was because of the unique circumstances of the location of the Challenger. The Alaska Department of Transportation will not .allow the Challenger to put a sign in the fight-of-way. The State fight-of-way from the front of the Challenger to the highway is a distance of over 150 feet. Thus, any sign put up by the Challenger will be at least 150 feet from the roadway. A thirty-two square foot sign would hardly be visible from the roadway. Moreover, the spot where the sign would be placed is in a depression in the terrain making any sign harder to see. While it is true the Challenger's request is much larger than those granted to the two churches in the general area, the circumstances in this case are different. First, the fight-of-way is not nearly as wide on that side of the road. Also, those signs are more traditional billboard-type signs. The Challenger's sign is a unique structure. It is not merely an advertising device. Part of it is a monument to the Challenger astronauts and the sign was specially designed to fit into representations of the planets located on the premises. Peter Klauder described the unique nature of the sign in the public hearing. · . . it's on what we call the line of orbit, which, if you're familiar with the Challenger Center, when you come in there's a piece of stainless steel that's scribed into the tile floor in an arch and all the planets are aligned on that in our floor as you come in on the sun, and you move through the planets, and then as you move outside, the planets continue and there's, there's several monuments. There's Saturn, the planet itself and. Saturn's arch and an eternal flame is planned and the next planet is Uranus and there's a planter that symbolizes this planet and we've met with landscapers and picked the fight foliage and the fight color and gotten photographs out of the space magazines and astronomers, and then we've got Neptune and that's a fountain and Neptune the fountain is developed with a glass dome like a skylight with light underneath it so that in the winter, it's like this glowing orb. And beyond that, the next monument is to Pluto and it's, it's an orb, it's like a brass, brass orb. Pluto's not that big. It's a sort of dark, maybe gaseous mass. And, so we were struggling with this sign issue. We' re pushed almost into the memorial garden. We' re not on the paved portion of the memorial garden, but we're just outside it and we came up with the universal symbol. The symbol that's above Universal Studios, the wire frame image of the universe and this fit. It's the, it's the final monument in this line of orbit of this succession of, of pieces that, that we've taken fight through the building from your entry at the sun all the way through; the main lobby is the earth and Alaska and fight on out to this final monument that is, is the universal symbol and then of course, the whole Challenger concept came from the memorial of those who died in the explosion and so that, the pillar, the obelisk, it's almost like a gravestone or a monument. In fact, on the backside toward the monument, that's all it is. It's a stark oblique, oblique with a plaque in memory of the folks that perished. (Emphasis added.) Board of Adjustment Decision- Challenger Sign Variance Page 3 of 6 Ms. Sonberg's letter notes the concern the Planning and Zoning Commission had for setting a precedent regarding the size of sign variances but argues that the Challenger is in a different situation from most applications and therefore deserves different consideration. Essentially, she argues that each application must be viewed individually for its unique characteristics and that there can be no uniform mathematical formula for what is too big. We agree. While we are aware of the importance of precedent, the very nature of the variance process is that each application must be looked at for it own characteristics~that "one size does not fit all." While we understand the concerns of the commission regarding the size of the variance, it is cle~ to us there are special circumstances regarding this sign. Because of the special circumstances of this site and of the sign~ itself, we hold the first criterion is met. The second review criterion is whether the applicant created the special circumstances regarding the land and whether the application is made merely for monetary reasons. The wide fight-of- way existed prior to the Challenger being built. The location of the depression on the premises where the sign will be placed also existed prior to the Challenger. The sign envisioned by the variance application is more expensive than the one that would be allowed without the variance. The variance is not being sought for monetary reasons. We hold the second criterion has been met. The third criterion is whether the granting of the variance will allow an unauthorized use of the premises for the zoning district. A sign variance increasing the size limit of a sign does not allow for an otherwise unauthorized use of the premises. Therefore, we hold the third criterion has been met. The fourth criterion is whether the variance is the minimum that will allow for the reasonable use of the property. Because of the width of the fight-of-way and the topography of the property, we hold it does meet that criterion. The last criterion is whether the variance is based on other non-conforming uses or structures on the property. It is not. III. DECISION Because the criteria of KMC 14.20.180 have been met, we grant the appeal of the Challenger and overturn the decision of the Planning and Zoning Commission. DATED this //~~ay of May 2002. (not participating) John J. Williams, Board Member //f~ir~es C. B ookey'~II, l~oard h/~~be; Board of Adjustment Decision- Challenger Sign Variance Page 4 of 6 Duane Bannock, Board Member ~ ~ember Amy E./Jackman, Board Member Pat Porter, Board Member ~Linda S w' amef, Board Member ~ "Sign" means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. 2 (c) Review Criteria: The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit. (1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. (3) The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. (4) The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. (5) The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. Board of Adjustment Decision- Challenger Sign Variance Page 5 of 5 'N-II ~I3~INI! C~ Z LLI (.9 O. W W '\ L t I t t QBUILDING SIGN - SIDE C 114-'=' Attachment B Challenter [lllllll llllll AN EDUCATIONAL PARTNERSHIP WITH SIGN SPONSOR BUILDING SIGN - SIDES A & B 114'. Attachment C INFORMATION ITEMS KENAI CITY COUNCIL MEETING JUNE 5, 2002 le 5/02 Project Update' Kenai River Bridge Access Road Pathway e 5 / 28 / 02 Thank-you from the Chuck Bailie family. . 5 / 28 / 02 Public Works, Project Status Report. , 5/16/02 Kenai River Special Management Area meeting agenda and minutes of 4 / 18 / 02 meeting. PROJECT UPDATE: Kenai River Bridge A c{ V'~W' · ~VWW way May 2002 Design of the Kenai River Bridge Access Road Pathway, a proposed pedestrian/bicycle pathway along Bridge Access Road in Kenai, is continuing. The pathway is proposed to begin at Kalifornsky Beach Road and end at the Kenai Spur Highway, a distance of approximately 3.3 miles. The pathway would connect existing pathways at each end of the project. EXISTING PATHWAY Over the past year, the project design team of Wince-CorthelI-Bryson, assisted by Bristol Environmental & Engineering Services and URS Corporation, provided project scoping, met with resource agencies and the public, responded to comments, and prepared a Scoping Summary Report. The Scoping Summary Report, a compilation of alternatives presented, issues raised, and comments received, is available for review at any of the following locations: · Office of Wince-CorthelI-Bryson 609 Marine Street Kenai, Alaska · City of Kenai Library Main Street Loop Kenai, Alaska · Office of ADOT&PF 4111 Aviation Avenue Anchorage, Alaska Currently the project design team is conducting an environmental assessment to evaluate the potential impacts which might be expected to occur as a result of the proposed pathway. Work on the environmental assessment is anticipated to take one year, with completion expected early next year. The environmental assessment document will be made available to the public for review and comment. PROJECT SCHEDULE Environmental Analysis: April 2002-March 2003 Final Design' April 2003- Dec. 2003 C°nstruction: Summer of 2004 PROPOSED PATHWAY KALIFORNSKY .BEACH EXISTING PATHWAY PROJECT MAP If you have any questions regarding the project, please contact: John Dickenson, P.E. Project Manager State of Alaska DOT&PF P.O. Box 196900 Anchorage, Alaska 99519-6900 phone: (907) 269'0572 email: john_dickenson@dot.state.ak, us Mark Blanning, P.E. Wince-CorthelI-Bryson Box 1041 Kenai, Alaska 99611 phone' (907) 283-4672 emaii: wcb@ptialaska.riet .... · I~ECE~V~Z~ Project status Report A=Active NC=Non-Construction F=Future STIP=State Trans. Imp. KK- Keith Kornelis JL- Jack La Shot RS - Robert Springer MK - Marilyn Kebschull Jet- Jan Taylor A/NC/F/ City Contact SIIP I I A KK Project Name Bridge Access W & S Feasibility Study status Received grants, DEC - $25,000; EDA- $25,000. Four proposals received 4/22/02. Contract 'awarded to Wince-CorthelI-Bryson who is working on this project. A KK Bridge Access/Frontage Road Water Main Design/inspection contract awarded to McLane Consulting Group. Zubeck completed most of the project. Clean up and landscaping this spring. Waiting on record drawings from McLane. A JL/RS City Hall Renovation Downstairs completed. Upstairs engineering draft completed - reviewing. A MK Comprehensive Plan Land Use and Community Improvement drafts, Chapters 3 and 4, to be introduced June 12. A JL COntaminated Soils - Shop Report submitted to DEC. A MK Daubenspeck Economic Development Study $20,000 grant received. Study being conducted by Kevin Waring Associates in conjunction with the Comprehensive Plan. Quarterly report and bill due 7/15/02. A JL Daubenspeck Environmental Site Assessment Final report has been received. UST removal report received and submitted to ADEC. A JL FAA Site FAA might have further work to do. May not be ready for transfer to the City this year. Tuesday, May 28, 2002 Page I of 3 A/NC/F/ STIP A KK city Contact pn]ject Name Gill Street Water Main Crossing Spur Status DOT had made this part of the Spur 10.6 - 22. City to reimburse DOT. Peninsula Construction has installed water main. Curb, gutter, & asphalt paving completed. Final landscaping and seeding to be done. Waiting for DEC approval on record drawings. A JL Kenai AP ARFF/SRE Facility Project being completed. Putting together communications project. Local contractor, Tundra Communications, going out of business. Siding going on exterior. Working on compressor issue. Consultant now taking responsibility. A KK Kenai Coastal Trail Design Concept Reports are complete...PND has submitted environmental/permits. PND answering agencies' questions. Corps has received funding for planning and answering permitting questions on this project...Corps is trying to keep PND involved with this project. A JL Library Improvements Work session held with Council. NE costs received. A JL Maintenance Shop Preliminary plans and specifications complete. A JL Multi-Purpose Facility Refrigeration Finishing punch list items. Spring work to do. A KK Title 17 Review and W & S Regulations Working with Larry...Completed revisions to W & S regulations. Adding a grease prevention regulation. Rate study is part of Wastewater Facilities Plan which CH2M Hill is working on. A JL Underground Storage Tank- Airport Extra soils removed and stockpiled. Report to ADEC finished and submitted. A KK Wastewater Facility Master Plan Awarded project to CH2M Hill. At about 65% completion. A KK WH 4 Kraxberger drilled an exploratory well at new site. Coble took water samples, and we are waiting for quaUty test results. Tuesday, May 28, 2002 Page 2 of 3 A/NC/F/ City Contact SIIP II STIP KK Preject Name DOT- Bridge Access Pathway Status Pathway along Bridge Access Road from K-Beach to Spur 3.3 miles...Design FFY 02, ROW 02, Utilities 03, & Construction 03 & 04 with total cost $4 million. Controversy over possible no build where trail is on shoulder of existing road. STIP KK STIP KK DOT- Kenai Spur Unity Trail Pathway DOT- Spur 10.6 - 22.0 Pedestrian/bike pathway along Kenai Spur from MP 2.8 to 8.2. DOT is adding steel casing across Beaver Creek near ROW for future water main. DOT received the environmental permits. City gave DOT temporary and permanent easements for Beaver Creek Crossing. Alaska Roadbuilders was iow bidder at $2,138,117. They have started to work on this project. DOT agreed to almost all of City's recommendations...Alaska Roadbuilders is working to complete this project. DOT is working with Frates on landscaping and seeding. DOT added Gill Street Water Crossing Spur to this project. Tuesday, May 28, 2002 Page 3 of 3 KENAI RIVER Special Management Area "Working together...for the river" ,, *** Meeting Agenda*** Thursday, May 16, 2002 7:00 p.m. Kenai River Center I. CALL TO ORDER II. A. Roll Call B Approval of 4/18/02 · C. Agenda Changes and Approval PUBLIC COMMENT III. NEW BUSINESS A. Upper Kenai River Area Restoration Efforts - Dean Davidson and Eric Johansen, Chugach National Forest IV. OLD BUSINESS ge A. River Terrace Contamination Update, Rich Sundet, ADEC, Steve Bainbridge, ADEC, and Oasis Environmental B. Soldotna Urban DOT Project Update, Judy Dougherty and Laurie Mulcahy, DOT C. Kenai River Center Update PUBLIC COMMENT VI. ADJOURNMENT A. Board Comments B. Date/Agenda of Next Meeting Committee Meetings at the KRC: 5:30 P.M. Water Quality Committee Meeting ~ KRC, call Charles Quarre for more info Kenai Area Office, Box i247, Soldotna, AK 99669, Soldotna 262-5581 Kenai Peninsula Borough, Box 850, Soldotna, AK 99669, Soidotna 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 BAORD MEETING MINUTES Thursday, April 18, 2002 7:00 p.m. Kenai River Center CALL TO ORDER A. Roll Call Present' Tim Navarre, l~2ck Wood, Bill Shuster, Lance Trasky, Linda Snow, Chris Degemes, Deric Marcorelle, Joe Connors, Ann Whitmore- Painter, Paul Shadura, Jim Golden, Brett Huber, Janette Cadieux, David Westerman Absent: Robin West, Ted Wellman, and Charles Quarre B. Approval of 3/21/02 minutes Approved as written C. Agenda Changes and Approval II. III. PUBLIC COMMENT None NEW BUSINESS A. Recent Alaska Board of Fish Decisions affecting the Kenai River, Mark Gamblin, Area Sportfish Biologist, .M)F&G Mark briefly went over the recent changes to the Kenai River and Kasilof River fisheries. First he summarized the Kenai King Salmon fishery season which is broken into two halves. The first half of the season is from January 1 to June 10 and is managed to permit harvest of King Salmon under 40" and 55" or larger. The bag limit and seasonal possession limits did not change, however only unbaited artificial lures are allowed. The second half of the season is from June 11 to June 30 and is to be managed as a catch and release fishery with retention of King Salmon 55" or greater only. The decision to be made yet is whether bait will be allowed at the beginning or middle of the catch and release season. Mondays are float only from non-motorized, non-guided boats in May and June below Skilak Lake. The new daily bag limit for salmon over 16" on the Kenai River is 3 fish per day and can be a combination of King, Coho and Sockeye. The change in the personal use fishery will be the hours, which are restricted to 6 am to 11 pm daily. The bag limit for Sockeye this year will be 3 per day, which is a change from 6 per day last year. Rainbow and Dolly Varden bag limit and possession limit changes dictate a bag limit of one Rainbow per day over 18 inches in the stretch from the Moose River upstream to Skilak Lake. The Dolly Varden bag limit and size limit from the Upper Killey River confluence upstream for the remainder of the Kenai River watershed is one under 18". For the KasilofRiver, there were several conservative changes implemented to stay within the escapement goals. Guides are now only allowed one trip, one set of clients per day and are not allowed to fish while clients are fishing. The bag limit for King Salmon is one per day and of the five annual King Salmon allowed, only three may come fi'om the KasilofRiver. Fishing is not allowed from motorized boats during the King Salmon season. Also guides are required to have either State Parks or CFEC Triangle numbers on their boats. Jim G. asked if the general public would be allowed to retain fish on the. Kenai River after June 10 if there has been determined to be a harvestable escapement. Mark said the department has the ability to allow harvest on the early mn if they project the harvest opportunity will remain above the upper limit of the escapement range. Jim G. asked if the client keeps a salmon on the Kasilof can they continue to catch and release. Mark said that role has not changed, and yes, they can continue to catch and release fish. Rick W. asked how Fish and Game is going to enforce the guide changes on the KasilofRiver. Mark said he does not know since this is the first year the KasilofRiver is going to be managed under these regulations, and predicted a sharp learning curve. ,, Paul S. asked how ADF&G would assess the in-season abundance levels and slot limit success on the Kenai River. Mark said they would be conducting the creel survey as usual, using the sonar passage data and the statewide harvest date from previous seasons. Paul S. asked what kind of creel type survey would be done on the Kasilof River. Mark said again this is the first year for these types of surveys on the Kasilof and they will be gathering fish abundance information from Crooked Creek and relying on data fi'om previous statewide harvest surveys. Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 2 ot' 11 Bill S. asked if escapement is based on the sonar counts. Tim McKinley said the sonar counts fish in and creel survey counts fish out. The end product is the escapement and the number of fish that live to spawn. Bill S. said he is trying to understand fish mortality based on how many times they have been caught and released. Tim said they do not get a second assessment for escapement on the fiver to capture information on fish mortality. They estimate 7% of the fish would die. Paul S. asked if that estimate of fi~h are caught once, twice or three times. Tim said it is a mix of those types. He said that based on studies done on catch and release fish, the mortality is about the same for a fish caught once verses a fish caught three times and released. Brett H. asked whether a fish cau~t three times in the 40" to 55" class would experience a higher or lower mortality if there was no catch and release protection in place. Mark said a fish caught one time or three times still has a 7% chance of dying. The biggest factor is whether the fish bleeds from the action. He said lactic acid by itself has nothing to do with fish mortality, it is simply an indicator of stress. B. Kenai River Angler Impact Study, Mary King, ADF&G Mary briefly reviewed the study, which covered the area from Skilak Lake to Cook Inlet. There is a variety of land use along the watershed that includes resource development, mining, logging and recreation use, primarily involving sportfishing from the shore and boats. With the popularity of the sportfisherY and the increase in the economy there has been increased development in the area including personal residences, hotels, bed and breakfasts, guided fishing businesses and boat rentals. The overall concern relates to understanding how these development increases may negatively impact the fish and wildlife resources. Various strategies are being used to mitigate recreational impacts to riparian habitat. The fiver between Kenai and Skilak Lakes has been designated primarily for non-motorized use since 1986. In 1999 the Board ofFish created drift only fishing days on Mondays, which provide increased opportunity without increasing concerns for habitat impacts. In 1986, DNR restricted horsepower to 50hp motors and the following year down to 35hp motors, primarily for.safety and concerns about bank erosion caused by boat wakes. ADF&G is conducting two projects in the habitat study. The first is an on- ground assessment of shore angler impacts, which has been in effect since 1998. The second program is a pilot study using aerial photogrametry techniques to assess habitat change. The first objective of the shore angler impact study was to evaluate angler distribution during the sport Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 3 ot' 11 fishery for sockeye salmon. The data showed an increase of over 8% in use of public lands fi'om 1996 to 2000. This is believed to be an increase in the participation in the fishery and not just a shift from private to public land use. From 1996 to 2000, over 90% of shore anglers fished from the mainland banks with the remaining anglers split between gravel bars and islands. The second objective of the impact study was bank change detection. Each site was assessed for various factors which might influence the rate of bank erosion, including habitat type, stream meander, powerboat activity and shore angler activity. Cumulative data from 1998 to 2000 showed that mean bank loss tended to be greater in areas of high powerboat activity. There was a .26 meter mean loss in areas of high powerboat activity verses a .04 meter mean loss in areas of low powerboat activity. Data also showed that bank loss tended to be greater in areas having increased angler efforts. The third objective of the study was to assess changes in vegetation. In- season analysis always showed a significant decrease or loss of percent cover vegetation associated with an increase in shore angler effort. They were never able to detect a significant annual or cumulative change in percent cover. High effort sites had a significant decrease in species diversity and at low effort sites, the reverse was tree. The bank closures appear to provide an effective bank habitat protection. Additional signage, enforcement and education of bank anglers would also assist in the protection of these banks. The pilot study using aerial photogrametry has not been completed as yet. This study uses a method of comparing habitat between two time periods. The 1975 and 1985 aerial photo sets were selected. This study will assess bank position change between years and assess percent changes in cover by cover class. River mile 16 to 21 were selected because there was some development in 1975 and this fiver reach.is geologically sensitive to erosion. River 24.5 to 26.5 was also selected because there was no development here in 1975 and this fiver reach is geologically less susceptible to erosion. Both fiver sections contain many of the on-ground survey sites, which can be used for ground trothing of results. Bill S. said it seems like the first number of anglers cause the most damage versus the subsequent great numbers of anglers later in the same area. Mary said that appears to be tree. There was a large break between low angler effort and high angler effort and there was not much in-between. Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 4 of 11 Ann W. asked if any of the areas included both high bank angler effort and high boat activity. Mary said there were. Jim G. asked if the answer to these problems is to eliminate sportfishing on the Kenai River or is there some specific way that could be identified to improve the potential habitat here. Mary says they need to finish the aerial photogrametry study, which will give us more insight. At that point she said it would become the agencies, general public and other organizations time to discuss how to address this issue. Paul S. said he understands ADF&G is Still in the process with this, but thought that there was supposed to be some recommendations from this report so the board could address it now. He continued by stating that the loss of .26 meters or .04 meters may not seem like a lot of area, but what does that mean to fish friendly habitat, and effects on that? Mary King quoted policy statements 5 and 14 of the American Fishery Society for Paul, which includes in essence any minimal impacts to riparian habitat will have a interactive and cumulative impact on localized and global fish production. Mary said the study was designed to look at shore angler impacts and did not make that link to fishery productivity. Other comments from the board included whether F&G looked at windfall trees in the water and if there is an intention to publish the results of this study. Mary said they do hope to publish it in the next year or so. C. Dick Reger, Hydraulic and Quarternary Geology of the Kenai River (EPA Grant) Dick briefly went over the purpose of the study, which is to prepare a geological map of the Kenai River corridor. This information will support the ground water studies and pollution remediation efforts along the Kenai River. 17,500 years ago, the Kenai River was established, as we know it today. The lower entrance to Cook Inlet was blocked and a lake was formed around 16,500 years ago. Various stades were formed since then including two terraces formed at the Kenai River drainage. 70 meters of erosion took place to form the valley in which Soldotna is located today, and during the next glacier advancement, 6 meters of gravel was deposited in the same area. In the last 14,000 years the Kenai River has been meandering back and forth cutting down about 5 meters or so. Next phase in the study is to set up local sections where there are pollution problems to help understand groundwater movement better. Drilling sites along the fiver near the Warren Ames Bridge have been done to study the Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 5 of 11 effects of the major earthquakes in the area such as the Great Alaska Earthquake. In the Portage area the land settled about 6 feet as a result of 1964 earthquake. In the Soldotna area the settling has only been about a foot or so. Studies have been done with forests that had been buffed and killed as a result of that earthquake, and they found three or four forests. that had been killed prior to that. From those studies they have evaluated the frequency of occurrence of these large magnitude earthquakes and they happen about every 700 to 900 years. The study will try to evaluate the terrace' history of the fiver including when it was down Cutting and moving. The 2 meter terrace dates to about 6000 years, the 3 meter terrace does not have a date as yet and the terrace around 6 meters dates from 6200 to 8100 years ago. Near Cunningham Park the terrace gravels that lie under 10 feet of peat date to around 11,000 years. Above that there is a 15-meter terrace which is the same level as the town of Kenai and it dates to about 16,000 years ago. The 20-meter terrace is not dated as yet. The Corridor Map is planned to be out by December, 2002. This map will pinpoint the best sites to put in detailed sections and begin doing groundwater stUdies. Lance T. asked about the old looking fiver channels out in the Swanson River areas. Dick said the Swanson was very different 16,000 years ago as it had more sediment and major flows of water from the Tumagain Arm area. The lakes in the area now are called kettle lakes created from the melting of dead ice that was buried by gravel. Dave W. asked if anything has been done in the upper Kenai River above Skilak Lake. Dick said no and he is very interested in studying that area if there is any funding around for that. He said the deposits in that area are less than 14,000 years old. D. Snug Harbor Road Snowmachine Parking Area Proposal Tim said he had asked this to be placed on the agenda as this is a good idea and a proper use of the lands. The Borough also supports the idea, and hopes the board will support it as well. Dave Hopkins with the Kenai Public Land Users Group (KPLUG) briefly described the proposal and its purpose. They found a good parking area beyond the entrance to Chugach Electric's road, and a short way up the road to Cooper Lake. This location is on the north face of a hill with a natural flat area. Dave said this would not be just a snowmachine parking area, but it is for many different'user groups such as skiers and hikers also. The proposal is to create a parking lot capable of accommodating 30-60 Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 6 ofll vehicles. KPLUG would like to receive permission to proceed with the construction, using volunteer work, volunteer money, and volunteer equipment. At tiffs time KPLUG does not propose latrines or dumpsters in the parking lot. KPLUG has offered to do spring cleanup and Chugach Electric has said they will clear the road and the parking lot. Dave said they have asked for a 1 O-acre area to have a buffer around the parking lot. He states that the design for a 30-vehicle parking lot will take up 2 acres and a 60-vehicle lot will be about 4.75 to 5 acres. Brett H. asked if they have begun the permitting process yet. Chris D. replied that she and Dave Hopkins have discussed permits. She said the permitting for this area will be done through State Parks and if the board is supportive of the idea, Parks will continue to work with KPLUG on this proposal. Chris said there have only been informal discussions so far on this issue. Jim G. said he does not see the advantage to not having toilets and dumpsters in the parking lot, since the improvements will attract more users. Dave H. said that latrines and dumpsters have been discussed since the beginning, but so far, even with the 50 plus vehicles using the area at one time, there has not been any refuse problems. Lance T. asked who would be responsible for the management of this area during the summer with camping and such. Chris said they are concerned with this and would like to recommend the site be closed for the summer. Dave H. said a gate could be easily installed. Dave W. believes that there will be a need for dumpsters and latrines because of the use it will attract. Dave Hopkins said there has not been a problem with refuse in the area but the group is willing to install and maintain those additions if it is necessary. Other board questions related to the timetable for this proposed project. Dave H. said this project could be done in the fall in 4-5 days as they are only waiting for permit authorization to continue Joe C. made a motion that the Board advises Parks to work with KPLUG on this project. Deric M. seconded. More board comments included the need for outhouses for this parking lot, the Forest Service's support of this proposal and possible funding options, and the need to have the oversight for this area and backcountry clean up written into the a~eement. Vote: Unanimous consent from the board for a letter of support. (Motion does not include a specific recommendation for latrines or dumpsters.) Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 7 of 11 IV. OLD BUSINESS A. Commercial Operator Committee Update: Draft Guide Board proposal Joe C. said the Committee has been discussing the draft Guide Board concept for the last three months, and continues to make progress on the idea. The Committee is currently identifying goals to achieve and hurdles to overcome. He invited more participation by other Board members in the discussion. B. Sterling Highway MP 45-60 Report' Janette Cadieux, Stakeholder process report Janette C. briefly went over the evaluation criteria and how the stakeholders are working to narrow number of alternatives down from 10. An environmental impact study will be done on at least two options, once they are selected. She asked the Board to provide comments on thc draf~ criteria and options to try to narrow this down. Dave W. said there is no clear-cut consensus on which route is preferred. Janette C. said a concern expressed at the meeting was that on the Juneau Creek alternative, there would be an opportunity to put in crossroads or accesses to the bypass every two miles. She also said at this time they are trying to develop evaluation criteria to decide which routes should be first off the list and which should be last off the list of possible routes. Chris D. said that DOT plans to narrow the list of altematives by late June. C. Forest Legacy Committee Update Evie Witten provided a summary and objectives at the last board meeting. Chris D. said the committee consensus was that the goals and evaluation criteria provided was inclusive and mirrored many of ~he objectives in the Kenai River Comprehensive Management Plan. The Committee recommended that the evaluation criteria fits and the 5 main watersheds on the Kenai Peninsula should be identified as the main areas of concentration on the peninsula. The Kenai River would be the priority with the Kasilof, Deep Creek, Ninilchik and Anchor River also included in the list of lands to be considered for FLP funds. The committee would like to recommend a letter of support be sent to The Nature Conservancy, which is developing this assessment of need. Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 8 of 11 V, Tim N. made a motion in support of the Committee recommendations, and Joe C. seconded it. Vote: Unanimous consent from the board to send a letter. D. Kenai River Center Update a. DOT Cleating along ROW in Cooper Landing Suzanne briefly described the history of the "safety clearing" along the highway in Cooper Landing that was recently done by DOT. Before the project commenced, John Czameski fi'om the Borough and Carl High from DOT went to inspect area. John then issued a letter with instructions for brash cutting and hand clearing within 50 feet of the Kenai River. DOT was instructed to prone, rather than cut down trees, which is not what happened. Fish & Game also wrote DOT a letter advising they preferred DOT to clear by hand within 100 feet of the fiver. Suzanne said she also wrote DOT a permit, but she knew they would minimally impact State lands. Suzanne is not sure what the Borough is going to do as far as any action against DOT for the violation within the habitat protection corridor. USFWS has advised DOT that they will not be permitted to clear as much along the Sterling Highway within the Kenai National Wildlife Refuge area, so the-most extensive cleating is east of the Refuge boundary near Russian River. Also Suzanne reported on the American Water Resource Association meeting held earlier in the week, in which Dick Reger made a presentation and led a field trip. The Kenai Watershed Forum is going to sponsor a mini forum on May 23 at the Kenai River Center to discuss contaminated site management along the Kenai River. They are looking at setting up a panel and having NOAA, DGGS, University of Fairbanks, ADEC, Borough and an advisory board member present. They want to do a panel discussion on hydrology and different contaminated sites throughout the peninsula. Suzanne would like a board member to be chosen by the next meeting. Bill S. said he talked to Rex Young, Carl's supervisor, who was in charge of the project and Bill suggested flagging the fight of way prior to work commencing, and then an agency review after completion. Brett H. said at the next meeting they will have DOT here to talk about the Soldotna Urban Project and perhaps they can tell the board where they are with this issue also. DEC will also be here to talk about the contaminated sites. PUBLIC COMMENT Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 9 of 11 Joe Malatesta, Sr. spoke on how the board has a tough job and has an obligation to protect habitat for everyone. He believes this board should go to the Alaska Board ofFish to urge for a zero loss of habitat, doe M. said the board is not fulfilling their obligation to protect habitat losses. He said that building boardwalks is not the answer to fixing the habitat. Jim G. said everyone here is concemed with the Kenai River and this board tries to do what is best for the fiver system. Joe M. said he is not accusing the board of not doing anything but he said he has not seen any results fi'om this board. Dave Martin said he was concerned that the Board talked more about other issues than about Mary, King's report on the loss of habitat. He urged the Board to complete the next phase of the boat wake study. Jeff Bedouin expressed concerns about the loss of habitat that ADF&G verified, and urged the board to do more to protect habitat at Board of Fish meetings. Rod Berg said there is a new impact on the fiver that folks mig~ht not be aware of. This involves the towing of drift boats upriver. Guides and non-guides are drifting downriver from the Soldotna Bridge to the Beaver Creek area and being towed back upriver to start over again. This is creating major wakes because of the drift boats~are really plowing through the water. Rod said this is going to get out of hand. Rod Said he is asking the state to outlaw drift boats with commercial registrations from the Kenai River because this fishery was established to give Joe Fisherman an oppommity at this fishery (on drift boat Mondays). He also is asking the State to outlaw the towing of drift boats. Rod also asked the State to reduce the current ½ mile area restriction to ¼ mile for duck hunting on the Kenai River. Kenai River Special Management Area Advisory Board Meeting Minutes April 18, 2002 Page 10 ofll VI. ADJOURNMENT A. Board Comments Bill S. said the USFS would be willing to do another presentation and summary regarding the Russian River habitat studies. Paul S. said benzene has been located in wells near the Zipmart and it is still spreading. He also said the Board needs to take more action to protect habitat, as was suggested tonight. Deric M. said he believes Don Fritz from DEC did say there was benzene in the drinking water near the Zipmart at the last meeting. B. Date/Agenda of Next Meeting May 16, 2002 DOT staff will discuss the Soldotna Urban Project, and ADEC will have staff available to discuss the River Terrace contamination report, and discuss the contaminated sites program. The USFS will have staff available to discuss habitat restoration efforts in the upper fiver area. Kenai River SPecial Management Area Advisory Board Meeting Minutes April 18, 2002 Page 11 ofll MAKE 23 PACKETS COUNCIL PACKET DISTRIBUTZON COUNCIL MEET]:N6 DATE: AAa¥oWCouncil Attorney ~/ Ta¥1o~/$p~in~)e~/Kebschull ~-' Clerk ~/r City Mana~le~ Public Wo~ks ~- Police Deportment Finance ~/ En:~inee~ ~ Senior Center / Airport Kim ..- Library / pk~ks & Recreation Clarion .,- Fire Department ~ KVCB ~- AGENDA DTSTRZ:BU~ON Sewer Treatment Plant Streets Shop bock Building) Maintenance Animal Control WateWSewe~ Counte~ Fax by computer to Contacts; Agenda List: Microsoft Fax from printer list; Address Book; Assembly Members KSRM HEA Kenoi Chamber of Commerce ,Ton Little (boil}, New$/$oldotno) KVCC KDLL Ebb DEliVER Council Pockets to Police Deportment Dispatch desk. The Clarion will pick their pocket up at City Hall. The portion of the agenda published by the Clarion should be foxed os soon os possible after Noon on pocket day. The camera-ready agenda (c:/myfiles/documents/minute$/agendo form for paper)is emoiled to the Peninsula C/ar/on (at emoil Contacts) and o copy is foxed to Denise at the ~/arion also. Home Page documents (agenda, resolutions and ordinances for public hearing) ore placed in the Clerk's HTML file. Place them onto the city's website with Front Page from there os soon os possible.