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2002-07-03 Council Packet
Kenai City Counci I Meeting Packet July 3, 2002 AGENDA KENAI CITY COUNCIL- REGULAR MEETING JULY 3, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www, ci.kenai.ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *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 w/Il 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 . Ordinance No. 1960-2002 -- Increasing Estimated Revenues and Appropriations by $9,691 in the General Fund for Purchase of a Copier. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption Ordinance No. 1961-2002 -- Increasing Estimated Revenues and Appropriations for Increased Insurance Costs. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption , Resolution No. 2002-48 -- Reaffirming its Support of the State of Alaska DOT/PF in its Effort to Properly Construct a Safe, Separated Pedestrian and Bike Path Along the Bridge Access Road. . Resolution No. 2002-49 -- Assessing Costs of Abatement at 1218 Lilac, Kenai, Alaska in the Amount of $5,200 as a Lien on the Property. , Resolution No. 2002-50 -- Adopting a Name for the Right-Of-Way Located North of Willow Street to the Airport Proper to be Named Gee Bee Avenue. -1- o ITEM D' . 2. 3. 4. 5. 6. 7. ITEM E: . ITEM F: ITEM G: , ITEM H: , , , , Resolution No. 2002-51-- Transferring $4,000 in the General Fund for the Fire Department Portion of the Public Safety Radio Maintenance Contract. COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report d. Kenai Chamber of Commerce MINUTES *Regular Meeting of June 19, 2002. CORRESPONDENCE OLD BUSINESS Reconsideration of Resolution No. 2002-40 -- Awarding the Bid for the Purchase of a Black and White Copier for the City Administration Buildin§ and Enterin§ Into a Contract for Maintenance and Supplies for Five Years to High Speed Gear for a Total of $22,881.00. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Approval-- Assignment of Lease for Security Purposes/Lot 5, Block 5, General Aviation Apron No. 1/From Timothy J. Mitchell and Linda J. Mitchell to Robert J. Johnson. Discussion-- Schedule Board of Adjustment Hearing/Bill B. and Hannele K. Zubeck appeal of Planning & Zoning Commission approval of PZ02-34--An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size) for the property described as Government Lot 178 ( 1515 Lawton Drive), Kenai, Alaska, submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. -2- ITEM I: ITEM J: REPORT OF THE MAYOR ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT -3- MAYOR'S REPORT JULY 3, 2002 REGULAR COUNCIL MEETING SUBSTITUTE: CHANGES TO THE AGENDA H-2, Purchase Orders Exceeding $2,500 {purchase order to Brown Agency for FY03 insurance and broker Fees added to list) REOUESTED BY: FINANCE DIRECTOR REMOVE: H-4, Discussion-- Schedule Board of Adjustment Hearing/B. Brad Zubeck Appeal (pursuant to added letter from Zubeck requesting revocation of the appeal). CLERK CONSENT AGENDA MAYOR'S REPORT , Mayor's Golf Tournament-- Scheduled for September 12, 2002. Z ~) C) v z~ rr' (J <~ ~ >- ~ ~ ~Z~0 Il:: o~~>-z ~o°~~o~o< >.~..~-= p.. z x/ >o© ~ M,~ m m m~ ~z~ ~~mm Z 0 0 ~ z~ ~ z ~ ~ ~zo~O~ o<~~o~ Suggested by: Administration City of Kenai ORDINANCE NO. 1960-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $9,691 IN THE GENERAL FUND FOR PURCHASE OF A COPIER. WHEREAS, bids were accepted for a copier prior to the end of the fiscal year; and, WHEREAS, reconsideration of Resolution No. 2002-40 awarding the bid will be held on July 3, 2002; and, WHEREAS, the $10,000 budget authorization for the purchase of a black and white copier lapsed on June 30, 2002; and, WHEREAS, funds are available for appropriation in the fund balance of the General Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased in the General Fund as follows:' Increase Estimated Revenues: Appropriation of Fund Balance $9,691 Increase Appropriations: Non-departmental- Machinery and Equipment $9,691 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance: (06/24/2002) hl Introduced: Second Reading: Adopted: Effective: July 3, 2002 July 3, 2002 July 3, 2002 July 3, 2002 City of Kenai Suggested by: Administration ORDINANCE NO. 1951-2002 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS FOR INCREASED INSURANCE COSTS. WHEREAS, insurance quotes were not received until June 28, 2002; and, WHEREAS, the lowest quote, which is from Alaska Public Entities Insurance, exceeds the amounts budgeted for insurance; and, WHEREAS, it is in the best interest of the City of Kenai to purchase insurance coverage; and, , WHEREAS, funds are available in the fund balances of the various funds of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Insurance Workers Comp $82,736 $58,300 24,436 $82,.736 Airport Land System Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $2,726 Increase Appropriations: Workers Comp $2:726 Water and Sewer Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $9:476 Increase Appropriations: Insurance Workers Comp $7,900 1,576 $9;476 Airport Terminal Enterprise Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Insurance Workers Comp $2;730 $2,500 230 $2,730 Ordinance 1961-2002 Page 2 Congregate Housing Enterprise Fund Increase Estimated Revenues: Appropriation of Fund Balance Increase Appropriations: Insurance Workers Comp $4,$16 $4,500 16 $4,516 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2002. ATTEST: Carol L. Freas, City Clerk Approved by Finance' {06 / 28 / 2002) hl JOHN J. WILLIAMS, MAYOR Introduced: Second Reading: Adopted: Effective: July 3, 2002 July 3, 2002 July 3, 2002 July 3, 2002 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: THROUGH: FROM: DATE: SUB J: City Council Linda Snow, City Manager Lawrence A. Semmens, Finance Director,.~ June 28, 2002 Insurance Cost Increase We received quotes for worker's compensation, liability and property insurance today as follows: Alaska Public Entities Insurance $390,424 Alaska Municipal League JIA $601,103' *Includes $47,105 airport liability and $3,520 Marine Liability to make both quotes comparable. I met with Doug Brown, Brown Agency, who recommended awarding the lower quote. Alaska Public Entities Insurance (APED has been our provider for the last two years on the major components of our insurance. However, in the past we were not part of their pool except for workers compensation. This quote puts all of our insurance in the pool. APEI is a non- assessable pool, which means that if their liabilities exceed assets, individual pool members will not be retroactively charged to make up the difference. The city manager, finance director and city attorney agree that we should place the insurance with APEI due to the significantly higher cost of the AMLJIA quote. Further, the AMLJIA requires a three-year commitment, but they will not offer a three-year price guarantee. Doug Brown believes going back to the commercial markets for our insurance will cost more than either of the pools. This is about a 60% increase over the 2002 cost, so I am including an ordinance in the packet to appropriate the necessary funds in one meeting. POLICY YEAR: Alaska Public Entity Insurance Municipality Premium Summary July 1,.2002 -July 1, 2003 CARRIERS' Alaska Public Entity Insurance Insurance Co. of the State of Pennsylvania Insurance Company of the West Clarendon National Employers Reinsurance Lexington Insurance Company Lloyds Rating A++ XV A VIII A IX A++ XV A++ XV INSURED' Part I. Property Program Property Mobile Equipment/EDP Boiler & Machinery Part I1. Liability Program General Liability Sewer Backup Automobile Liability Automobile Physical Damage Public Officials Liability EMS Professional Liability Employment Practices Liability Law Enforcement Liability Excess Liability City of Kenai Limit/Form Blanket Limit Blanket Limit $5,000,000 Per Occurrence $5,000,000 CSL Actual Cash Value $5,000,000 Per Occurrence $5,000,000 Aggregate $5,000,000 Per Occurrence $5,000,000 Aggregate $5,000,000 Per Occurrence $5,000,000 Aggregate $5,000,000 Per Occurrence $5,000,000 xs of $5,000,000 Deductibles $25,000 $10,000 $10,000 $10,000 $25,000 $5,000 $1,000 $15,000 $10,000 $10,000 $10,000 Premium $64,513 $142,324 Part III. Crime & Fidelity Fidelity (Faithful performance included) Money & Securities $100,000 $25,000 $500 Included Part IV. Workers' Compensation ... Limit Employer's Liability USL&H Jones Act $25,000,000 Per Occuffence $1,000,000 $1,000,000 $1,000,000 $132'962 Part V. Marine/Harbor Liability_. Limit ........................... SI,000,000 $3,520 tS/o Limit $1'00,000,000 Each Occurrence TOtal premiUm 2002-2003 ,~&/ $47,105 '. ' .. $390,424 Suggested by: CITY OF KENAI RESOLUTION 2002-48 Administration A RESOLUTION OF THE CITY OF KENAI, ALASKA REAFFIRMING ITS SUPPORT OF THE STATE OF ALASKA DOT/PF IN ITS EFFORT TO PROPERLY CONSTRUCT A SAFE, SEPARATED PEDESTRIAN AND BIKE PATH ALONG THE BRIDGE ACCESS ROAD. WHEREAS, the City of Kenai believes that it is in the best interest of the Department of Transportation to provide safe and expedient flow of not only vehicles but also bicycles and pedestrians at a reasonable cost to the public; and, WHEREAS, the City of Kenai believes, where appropriate, the pathway should be placed separate from the existing road embankment in the right-of-way near the property line; and, WHEREAS, the City of Kenai believes that placing the pedestrian and bicycle traffic on the road shoulder could potentially present a dangerous and unsafe condition; and, WHEREAS, the City of Kenai would like to reaffirm its support as stated in its Resolution No. 97-77 and Resolution 2001-25 passed by the Council of the City of Kenai. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai reaffirms its support of the State of Alaska DOT/PF in its effort to properly construct a safe, separated pedestrian and bike path along the Bridge Access Road. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July 2002. ATTEST: JOHN WILLIAMS, MAYOR Carol L. Freas, City Clerk Suggested by: Administrat:___ City of Kenai RESOLUTION NO. 2002-49 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ASSESSING COSTS OF ABATEMENT AT 1218 LILAC, KENAI, ALASKA IN THE AMOUNT OF $5,200 AS A LIEN ON THE PROPERTY. WHEREAS, the house located at 1218 Lilac was partially destroyed by fire and constituted a danger to the public; and, WHEREAS, the house located at 1218 Lilac Lane, Kenai, Alaska was declared a dangerous building and ordered abated under the Uniform Abatement of Dangerous Buildings Act (1997); adopted under KMC 4.10; and, WHEREAS, after a public bid, the City contracted with Zubeck Construction in the amount of $5,200 to demolish the property; and, WHEREAS,.the house was demolished and abated on June 7, 2002; and, WHEREAS, under the Uniform Abatement Of Dangerous Buildings Act (1997) the Council shall confirm the costs of abatement as an assessment against the property which shall constitute a lien on the property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council of the City of Kenai confirms the abatement costs of $5,200 and declares those costs to be an assessment and lien against the property. The assessments are due in full and shall bear interest at the rate of 7% per annum. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk City of Kenai Suggested by: Administrati, RESOLUTION NO. 2002-50 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE STREET NAME "GEE BEE AVENUE" FOR THE RIGHT-OF-WAY RUNNING FROM NORTH OF WILLOW STREET TO THE AIRPORT PROPERTY. WHEREAS, Section 14.15.140 of the Kenai Municipal Code authorizes the Council of the City of Kenai to name and rename streets; and, WHEREAS, the plat FBO Subdivision No. 7 left a right-of-way unnamed, and a parcel requiring an address; and, WHEREAS, the Planning and Zoning Administration is responsible for addressing all parcels within the City of Kenai; and, WHEREAS, the following street name is recommended: CURRENT NAME No Name RECOMMENDED OFFICIAL NAME Gee Bee Avenue LOCATION OF CHANGE Right-of-Way from North Willow Street to the airport proper. WHEREAS, the Planning and Zoning Commission held a public hearing on June 26, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the official street name, as noted above, be adopted by the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol Freas, City Clerk CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ02-26 A RESOLUTION OF THE KENAI RECOMMENDING TO THE COUNCIL UNNAMED EXISTING STREET. PLANNING & OF THE CITY ZONING COMMISSION OF KENAI, NAMING AN WHEREAS, Section 14.15.140 of the Kenai City of Kenai to name and rename streets, and Code authorizes the Council of the WHEREAS, the plat FBO Subdivision No. parcel requiring an address, and 7 left a right-of-way unnamed, and a WHEREAS, the Planning & Zoning Administration parcels within the City of Kenai, and is responsible for addressing all .WHEREAS, the following street name is recommended' CURRENT NAME No Name RECOMMENDED OFFICIAL NAME Gee Bee Avenue LOCATION OF CHANGE Right-of-Way from North Willow Street to the airport proper. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THE OFFICIAL STREET NAMES AS NOTED ABOVE BE ADOPTED BY THE CITY OF KENAI. PASSED BY THE PLANNING & ZONING ALASKA this 26 th day of June 2002. ('OMMlSSlON OF THE CITY OF KENAI, Attes[t: Suggested by: Administration. City of Kenai RESOLUTION NO. 2002-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $4,000 IN THE GENERAL FUND FOR THE FIRE DEPARTMENT PORTION OF THE PUBLIC SAFETY RADIO MAINTENANCE CONTRACT. WHEREAS, in the past the Communication Department has paid the radio maintenance contract for most city radios; and, WHEREAS, the Fire Department has offered to pay for their portion of the radio maintenance contract; and, WHEREAS, the Fire Department will postpone some purchases in order to provide for this unbudgeted expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: General Fund From: Fire Department Professional Services Operating Supplies $2,850 1,150 $4,000 To: Fire Department Repair and Maintenance $4,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of July, 2002. JOHN J. WILLIAMS, MAYOR ATTEST: Carol L. Freas, City Clerk Approved by Finance: (6 / 28 / 2002) hl Sun Mon Tue Wed Thu Fri Sat I 2 3 ==----=~~=~,~, 5 6 1 p.m. 11:00 a.m. ~~ 1 p.m. Summer TODDLERM~ Totem Reading STORYTIME Tracers 7 p.m. Cemetery City Council ~ ~ ~t1~~~I. 1~~ Committee 7 8 9 10 11 . 13 1 p.m. 11 :oo a.m. 10:30 a.m. 1 p.m. TODDLER PRE-SCHOOL Totem Summer STORYTIME STORYTIME Tracers Reading Resource Party 6:30-8 p.m. Writer's Group Saturday , 14 15 16 17 18 19 20 11:00 a.m. 10:30 a.m. 5:45 p.m. TODDLER PRE-SCHOOL 6:30 p.m. Friends of the STORYTIME STORYTIME Film Club Library Board 6:30-8 p.m. Meeting 7 p.m. Wdter's Group City Council 21 22 23 24 25 26 27 6:30-8 p.m. 11:00 a.m. 10:30 a.m. 6 p.m. Internet Class TODDLER PRE-SCHOOL Poetry Slam STORYTIME STORYTIME at the Kenai 6:30 p.m. Elks Totem Tracers 28 29 3O 31 11:00a.m. i" i 7 p.m. TODDLER Book Club STORYTIME Kenai 163 Main Street Loop Phone: 907-283-4378 Community Kenai, Alaska 99611 Library Hours Library www. kenailibrary, org Fax: 907-283-2266 Monday---Thursday ~-.,' ~'~ ~/· ..- 2"~ ~_*.~_,~,~..~ J'/// ! ~~~ii~ i~ Friday---Saturday10 a'm"--8 P'm' , I ,. . , . ~~/~~\~, Sunday Noon---5 p.m. Kenai Community Library ii Summer Reading Wrap-up Party will be held on July 8th at the Kenai Softball Field, from 1-2 pm. New Books on The Library Shelf. Sit back and enjoy the sunshine with some great summer reading! Anita Shreve's novel Sea Glass is an unfor- gettable story of trust and betrayal. Arturo Perez-Reverte's novel The Nautical Chart has been get- ting great reviews from patrons who enjoy ad- venture stories. Look for three seasons of the English drama .Upstairs Downstairs ~n the DVD section. The series Upstairs Downstairs won 9 Ern- mys, a Golden Globe and Peabody award. An enchanting saga of life and love in Ed- wardian England seen from two different per- spectives, the Bellamy family who live up- stairs and their ser- vants who live down- stairs. The Library will be closed on Thursday July 4, · · · · · · · · · · · · · · The Film Club will meet on July 19, 2002 at 6:30. This month's feature is "Bossa Nova" a romantic comedy set in Rio de Janeiro. An Ameri- can widow, played by Amy Ir- ving, rediscovers love, joy of life and music!!!! (If there is time left - we might see one or two cartoons, from famous Za- greb Film Studio in Croatia). A Beginning internet Class will by held on July 22, 2002 from 6:30 p.m. to 8:00 p.m. The class will cover basic Internet skills and techniques. For more information or to reg- ister over the telephone call 283-4378. The Totem Tracers Geneal- ogy Society will meet on July 25, 2002 from 6:30-8 p.m. The Totem Tracers Cemetery Committee will meet on Satur- day July 6, 2002 at 1 p.m. Sat- urday July 13, 2002 begin- ning at I p.m. volunteers from the Totem Tracers are avail- able to help you with your ge- nealogical research. The Writers' Group will meet on July 11 & 18 from 6:30-8 p. m. in the Library conference room. Anyone interested in wdting for pleasure or profit is encouraged to attend. The Kenai Book Club will meet on July 29, 2002 at 7 p. m. in the Library Conference room to read and share their favorite poems. Each year the Kenai Book Club chooses one month in the summer to cele- brate poetry. Patriotic Websites in time for the 4th of July/ Thomas Legislative Infor- mation on the Internet con- tains historical documents such as the Bill of Rights and the U.S. Constitution: http://memory, ioc.gov/ const/bor, html Wilstar.com has an Inde- pendence Day link that contains patriotic music and lyrics: http://wilstar, com/ holidays/july4, htm Fourth of July-ideas for the whole family, includes crafts, recipes and ways families can create Inde- pendence Day traditions: http:l/www, mommysavers. com/celebrationsl fourth_ofjuly, htm 2nd Annual Poetry Slam to be held ,Tuly 27,2002 · · · · · · · · · · · · · · The Writers' Group is orga- nizing the 2nd annual Kenai Poetry Slam, which will be held on July 27, 2002 at the Kenai Elks. Poet registration will begin at 6 p.m. Performance begins at 7 p.m. Admission is $7.00 plus $5.00 if you want hors d'oeuvres catered by Lori Chase. A cash bar will also be available. Tickets are available at Kenai Visitors & Cultural Center, River City Bookstore and the Kenai Community Library and at the door. Last year's Poetry Slam sold out, so purchase your ticket early. For more information contact Virginia Walters at 283-7305 or Barbara Waters at 283-3803. Enter to win a free fish- ing charter or free fish processing by entering in the Kenai Chamber of Com- merce "Hooked on Kenai" exhibit drawing. The exhibit features several salmon lo- cated at businesSes on the "Hooked on Kenai" map. Our King Salmon was purchased by Tesoro Alaska and deco- rated by the library staff. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS dune 12,, 2002 - 7:00 p.m. Xe CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *May 22, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: ® PUBLIC HEARINGS: a. PZ02-27~An application for a Conditional Use Permit for a commercial kitchen for an off-site catering business for the property known as T06N R11W S34 KN NW ~A SW ¼ SW V4 NE ¼ (601 Davidson Street}, Kenai, Alaska. Application submitted by D. Cheney McLennan dba The Chase is Over Catering~LLC, P.O. Box 1926, Soldotna, AK 99669. PZ02-28~An application for a Conditional Use Permit to amend conditional use permit PZ99-27 for a retail/wholesale business {upholstery shop) to include Lot 6, Block 2, Kaknu Korners Subdivision (9231 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Wik dba The Poofy Puffin Upholstery Shop, 9199 Kenai Spur Highway, Kenai, Alaska. PZ02-29 -An application for a Conditional Use Permit to amend conditional use permit PZ88-27 to include cabin rentals for the property known as Lot 1, Angler Acres Subdivision Part 4 {1005 Angler Drive), Kenai, Alaska. Application submitted by Gary Foster dba Foster Landing, P.O. Box 2505, Kenai, Alaska. PZ02-30~An application for a Conditional Use Permit to amend conditional use permit PZ02-06 from bed and breakfast and cabin rentals to hotel, cabin rentals, and guide service for the property known as Lot 30, Block 1, Angler Acres Subdivision (1545 Angler Drive), Kenai, Alaska. Application submitted by Richard D. Mullowney, Jr., P.O. Box 950, Kenai, Alaska. be C, d, e. PZ02-3 l~An application for a variance from the development requirements, side setback, for the property known as Lot 5, Block 1, Thompson Park Addition # 1 (150 Fern Street), Kenai, Alaska. Variance requested is 7 feet of the required 15-foot side setback. Application submitted by Tamara Howarth (Passe), P.O. Box 2558, Kenai, Alaska. f. PZ02-32~An application for an Encroachment Permit for front setbacks for the property known as Redoubt Terrace Subdivision Bluff View Condominiums Unit 6 (406 S. Forest Drive), Kenai, Alaska. Encroachment is 4.8 feet into the 25- foot front setback. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. 6. OLD BUSINESS: ® NEW BUSINESS: a. Draft Amendment to the Recreation Zone (Discussion) 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS' a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: KPB Administrative Plat Approve- Habitat Acres Addition No. 1 Zoning Bulletin {5 / 10 / 02) 13. 14. COMMISSION COMMENTS & QUESTIONS: ADJOURNMENT: COMPREHENSIVE PLAN WORK SESSION IMMEDIATELY FOLLOWING REGULAR MEETING CITY OF KENAI PLANNING/~ ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 12, 2002 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1' CALL TO ORDER Chairman Goecke called the meeting to order at 7'00 p.m. 1-a. Roll Call Members Present' Bryson, Glick, Osborne, Goecke, Tunseth, Nord Members Absent: Erwin Councilman Bannock, City Planner Kebschull, Department Assistant Harris Agenda Approval MOTION: Commissioner Osborne MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Bryson 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 MINUTES - May 22, 2002 Approved by consent agenda. ITEM 3' SCHEDULED PUBLIC COMMENT ITEM 4: CONSIDERATION OF PLATS ITEM 5: PUBLIC HEARINGS: PZ02-27--An application for a Conditional Use Permit for a commercial kitchen or an off-site catering business for the property known as T06N R11W S34 KN NW ~A SW V4 SW ~A NE ¼ (601 Davidson Street}, Kenai, Alaska. Application submitted by D. Cheney McLennan dba The Chase is Over Catering LLC, P.O. Box 1926, Soldotna, AK 99669. MOTION: Commissioner Nord MOVED to approve PZ02-27 and Commissioner Glick SECONDED the motion. Kebschull informed the Commission the staff recommended approval of this application. VOTE: Bryson Yes Nord Yes Osborne Yes Tun se th Yes Glick Yes Erwin Absent Goecke Yes MOTION PASSED UNANIMOUSLY. PZ02-28--An application for a Conditional Use Permit to amend conditional use permit PZ99-27 for a retail/wholesale business {upholstery shop) to include Lot 6, Block 2, Kaknu Korners Subdivision {9231 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Wik dba The Poorly Puffin Upholstery Shop, 9199 Kenai Spur Highway, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ02-28 and Commissioner Bryson SECONDED the motion. Goecke opened the floor to public comments. Barbara Waters- 311 Kulila Drive, Kenai Thank you, good evening. I am Barbara Waters. I reside at 311 Kulila Place which is on the Borough rolls as Lot 12, Lot 2 of Kaknu Corners Subdivision. I came before City Council in 1999 when Mrs. Wik applied for the conditional use permit allowing her to run a business from a residential zoned property. The building sits on lot 8. Mr. Wik at that time was listed as the owner of the lots both 8 and 7. Lot 7 is directly behind my property which is lot 12. Both lots 6 and 7 are vacant. Lot 7 has had a mobile home pad and electrical hookup in previous years. The electrical hookup is still there I'm not sure about the pad. Lot 7 also has had an old log crib, which fell in about 15 years ago and was then filled in with gravel by the previous owners from Anchorage. This is just to give you a little background. I've been in the house for 22- 23 years. Since 1979, whatever that adds up to. I have some questions and some concerns with the application as it is written. Mrs. Wik states she "would like to move PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 2 my sign to Lot 6" -- this is a quote --"this would make our sign visible during the winter months." She goes on to state that "snow berms obstruct her sign during winter months." My questions is, where does she 'plan on putting the sign now? That wasn't included in the packet that I was sent. If she uses the same sign that she currently has, it would be on the same level as it currently is, just moved over, I'm assuming. And that is still below the roadbed, thereby making it as easy to see as it is where it currently stands. If not the same sign, then I would like to know what the sign would be and where it would be situated. Number two: I'd like to quote something from the notes in the general information section of the City's notice down on page two, towards the bottom of the first full paragraph. Quote: "That would allow the applicant to place a sign for business on Lot 6, that is easily visible and at the driveway to the business," end quote. This brings a further question, the driveway stands on the highway right-of-way, and no business signs are allowed on rights-of- way. I understand there are several businesses in our area along the Kenai corridor that have illegal signs on the rights-of-way. But, it should be noted up front that if that's what you allow then you are aiding and abetting someone breaking the law as it stands which is Alaska Law AS. 19.25.075 thru AS. 19.25.0180 which states in part, outdoor advertising is prohibited within 660 feet of a highway ROW. And also, there is a bike path which stands between the highway and the driveway. The drawings provided by Mrs. Wik are the same ones that were provided in 1999. The additions have not been built. I'm wondering if she should choose to build further on any of the lots, if she would have to come back before this body or if she succeeds in this action, tonight, and in front of Council, will she be able to build commercially at free will? Thank you for your time. Goecke: this time. Ok. Anybody else wishing to speak to this item? Close public hearing at Staff, anything additional? Kebschulh Just for clarification would like to let the commission understand we did confer with the City Attorney in this case and he recommended amending the conditional use permit to include this lot rather than pursue an off-premise sign because we would rather not go in that direction. The current permit is active right now for two lots and she could expand her construction onto that second lot if she met the building code requirements for the use right now. For further clarification, she will have to come and get a sign permit and they have advised that they do not plan to put a larger than 32 square foot sign that is allowed although they do have a new sign and they might be able to answer questions about that. Goecke: Ok. Thank you. Bring it back to the Commissioners. Bryson: One question, I may have missed it, misunderstood some of the testimony but the proposal is to put the sign on Lot 6 and there is no right-of-way that is PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 3 proposed .... is there a frontage road in front of this parcel, separate from the DOT right-of-way? Kebschulh Not that I'm aware of. VOTE: Bryson Yes Nord Yes Osborne No Tun se th Yes Glick No Goecke Yes Erwin Absent MOTION PASSED. 5-c. PZ02-29- An application for a Conditional Use Permit to amend conditionaJ use permit PZ88-27 to include cabin rentals for the property known as Lot 1, Angler Acres Subdivision Part 4 (1005 Angler Drive}, Kenai, Alaska. Application submitted by Gary Foster dba Foster Landing, P.O. Box 2505, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ02-29 to include staff recommendations and Commissioner Tunseth SECONDED the motion. Goecke opened the floor to public comments. Ralph Van Dusseldorp- 1025 Angler Drive~ Kenai, AK 99611 My name is Ralph Van Dusseldorp. I live at 1025 Angler Drive; there is one block between my residence and the property in question. I object to the request for a conditional use permit to establish rental cabins at 1005 Angler Drive. Some of you may have not been on this Commission very long and even if you have, you've dealt with a great number of requests. So perhaps you don't know what's happened to Angler Drive in the last few years. I've lived there for 12 years. 14 years ago I bought a lot there and, 12 years I retired and moved into that lot. We are very pleased to find a place to live among the birch trees and quiet place with lots of wildlife. We knew it was zoned residential. We also knew that there were a couple of commercial operations...fishing guide and I think a small lodge of some k/nd. We assumed that somehow those had been grandfathered in and that because of your zoning regulations, we, as residents, would be protected from more commercial intrusion. We are very wrong. Yesterday, we went down the road to count. Along Angler Drive there are now 14 residents-14 pure residents-and 14 commercial operations. So it's now half and half. There are also about 18 lots left that could be residents or, if you allow them, could be commercial operations. Next on your agenda is an item that somebody wants a hotel on this road. I don't know what's next, a Motel 6? A coffee shop? A PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 4 WalMart? Or what. You've approved 14 commercial operations. In 14 years, that's about one a year. That may not sound like very much to you, you might say "well what difference does one more make?" Well after 14 years it makes a great deal of difference. You've really done a great deal of harm to what was once a wonderful quiet residential area. So how has this affected us? How is my life changed? What's my life like now? A lot of fishermen come down our road. Fishermen are not quiet people and they get up early. They start at about five o'clock in the morning. We have a lot of traffic and then we have a lot of yelling, "Forgot my rod. Do you have my camera?...this kind of thing and then at about, a little bit later, 30 or 40 outboard motors start. Imagine the sound of that..Even worse, some of them don't start. So for a while, I lay there in bed and listen to this person trying to get this outboard motor started. In the evening, of course, the fishermen are celebrating their successes or bemoaning their failures. I feel bad for my fishing friends around the Kenai right now, because the Kenai has been closed for fishing, but it's a great relief to me, because for awhile we're back to a fairly quiet neighborhood. In addition to all the problems with noise, of course, a lot of the wildlife has left. It's been decreased significantly, I've heard that they're not been many objections to conditional use permits along that road. And I think there are a number of reasons for that. First of all, you only notify the immediate neighbors, those who live who live very close. Secondly, a lot of the people get notified now are already commercial users and they're not going to object. Thirdly, a lot of people just don't want to get in trouble with their neighbors so a lot of them just don't come to object because they just don't want bad feelings with their neighbors. So, Yes? Goecke: Time's up. Thank you. Van Dusseldorp: May I have my wife's time? Goecke: No sir, we (inaudible). Jim Richardson- 1015 Angler Drive, Kenai~ AK 99611 My name is Jim Richardson, myself and my family are the property owners directly adjacent to the subject property, to the south side. And I am speaking for myself and also for Peter Thompson, the directly adjacent property owner to the north. He was hoping to be here, and still might be here, but he's running for an airplane to head out of state. We sent you a letter included in your packet; I hope you've had a chance to take a look at that. We're asking the Commission to deny this permit. We attached a letter from the Department of Environmental Conservation showing that this property does not have the required septic system or water system that is required under both your rules and State statutes for public use cabins. And on that basis alone, we're asking you to deny this permit. Aside from that, this is a very undefined and a very large project. This is a small lot, and the property owner is PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 5 asking for five cabins. This is in addition to two trailers that are on the property. A similar project with a requested RV Park was submitted to you by the applicant in 1992 and eventually withdrawn. But after that, I submitted a letter to the City Manager and Planning and Zoning in 1992...two letters asking for clarification of the trailers. At that time, the city sent down their inspector, Howard, and he took a look at it and ran through the criteria that he had for permanent dwelling or trailers permanent dwelling including skirting and utility hookups and decking and his opinion was that those were permanent structures or permanent dwellings at the time and should be viewed as that under the rules of the city. We are asking you to take those into consideration and if at some point Planning and Zoning would wish to take up the issue of one or perhaps two cabins on this lot that we feel would be a maximum number, we would ask that you condition the permit so as to try to minimize the impact to us, the neighbors. And the conditions we ask for are outlined in that letter which would include making it clear that if these were to be permitted, if you were going to have one or two rental cabins, that those would replace the trailers on the property and we would also ask that you make some other issues on there...require fences on both sides, both the north and the south, to try to prevent visual intrusion. As we said in our letter, these are narrow lots, 100 feet wide, and you have this large number of people and they are not going to have anywhere to go. They can't walk along the stream bank, and they are going to end up on our property. I guess the second thing I'd quickly like to mention is that I believe that you're headed the wrong direction and in trying to think about how to expand commercial usages in this area, you should be thinking about redevelopment of the area. I touched on some of those in my letter...that's it? Goecke: That's it. Richardson: Ok. Thank you Arnie Tikka- Box 3411 Soldotna~ AK 99669 Good evening, my name's Arnie Tikka, I'm a Civil Engineer with Ace Engineering PO Box 3411 Soldotna, AK. I've been retained by Gary Foster, the owner of the subject parcel here to basically look over the property with regard to engineering issues for his proposed developments. I've been down to the property, measured things up, looked around and based on my initial feel for it, it appears that he has room on the site for what he's proposing to do. Just real briefly, his five cabins, if you go down there and look at one of them that's already built, they're really pretty small cabins, probably the size of five of them would be less than a normal four bedroom home. He wants two bunks in each cabin, which would be a total of ten persons and with this five cabins with a total of ten people seasonal guests in those cabins and mostly the seasonal use of his two camp trailer PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 6 sites, his total wastewater flows are basically the same or less than a four-bedroom house. And that's total wastewater flows. He appears that he has enough room on his site to develop a public waste water system which, not reaJly a public waste water system, but it would be called a community wastewater disposal system by DEC. He has enough room on his site to develop that. Right now his existing systems are not approved by DEC, he has an older septic system that was put in some time ago, it does not have DEC approval and he's running water down from a well on the neighboring parcel of property that is owned by him. And that's not an approved system, either. So to serve these cabins, he would need to get engineered plans done for approved water and sewer systems and get them installed on that lot to be in conformance with state regulation but, it appears from my look at the lot that he does have the room and the ability to do that even if he wanted to locate an on-site well and septic on that lot for his Class C usage which would be for less than 25 people. So engineering-wise it looks like will all work, as far as the neighborhood complaints and stuff all that I can really say that I've engineered a couple sites down Anglers Drive and I agree with the first gentleman, it's probably changed quite a lot over the years and I'm sure we've all seen it and know how it's changed. But to deny him his permit for what he wants to do with his proPerty is doesn't seem appropriate if he wants to follow all the criteria that set for him. Thank you for your time. Brenda Bryant- 925 Ames Road~ Kenai~ AK 99611 My name is Brenda Bryant and I'm at 925 Ames, which is on the south side of Foster's. We are approximately 100 yards away from them and my main concern along with the preceding two gentlemen as far as the impact of noise the comings and goings of the constant fisherman along the bank there. Actually there were some happenings there on Memorial Day, I don't know how many people were over there on Memorial but it was quite intrusive and loud during that time and I can only imagine the impact with ten additional members staying in cabins plus the two trailer facilities there, so I ask all of you to really consider and weigh your decision heavily. If this was happening in your neighborhood next to your dwelling, just consider the impact that it would have on your personal environment. Thank you. Kebschull: A second notice was given on the permit as the building official was out when the initial permit came. VOTE: [ Bryson Yes Nord Yes Osborne No Tun se th N o Glic k Ye s Erwin Absent Goecke Yes MOTION PASSED. PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 7 a-do PZ02-30~An application for a Conditional Use Permit to amend conditional use permit PZ02-06 from bed and breakfast and cabin rentals to hotel, cabin rentals, and guide service for the property known as Lot 30, Block 1, Angler Acres Subdivision (1545 Angler Drive), Kenai, Alaska. Application submitted by Richard D. Mullowney, Jr., P.O. Box 950, Kenai, Alaska. MOTION' Commissioner Osborne MOVED to approve PZ02-30 and Commissioner Glick SECONDED the motion. Goecke opened the floor for public comment. Ralph Van Dusseldorp- 1025 Angler Drive~ Kenai~ AK 99611 I'm still Ralph Van Dusseldorp, 1025 Angler Drive. I have a copy of the Planning and Zoning's Rules and Regulations. I'd like to site some of those. On page 55 of your own regulations it says, "Use must be consistent with the purpose of this chapter and the purposes and intent of zoning district." This is zoned rural residential. A hotel is not consistent with that. Number 2' "The value of joining property in neighborhood will not be significantly impaired." I don't know about the financial situation but I do know that my personal use has greatly impaired with everything that you had commercially along this road. Third, "The proposed use is in harmony with the Comprehensive Plan." The Comprehensive Plan designates this area as low density residential. A hotel does not fit into low density residential. Now on page 249 of your same document, ~The intent is to separate residential structures to an extent that would preserve the rural, open quality of the environment and to prohibit uses that will violate the residential character of the environment." A hotel certainly violates the residential character of our environment. Then again back to page 255 from your document, ~It is recognized that there are some uses that may be compatible with designated principle uses in specific zoning districts provided certain conditions are met. The proposed use will be compatible with the surroundings." Again, a hotel is not compatible with the surroundings. I'm stuck on my property. I don't think I can sell it as a resident because people are not going to want to come and buy a resident area in this commercial, with all the commercial around this. And I would not sell it to commercial operations because I would not do that to my neighbors. So I would hope that you would not allow a hotel on our road. Thank you. Ron Rainev- Box 2004~ Kenai~ AK 99611 Good evening, my name is Ron Rainey and I developed the property in question. Mrs. Mullowney the present owner is with me tonight. The only changes that are being asked for tonight are to include the guide service. It's been operated as a Bed and Breakfast for the last 12 years and will remain that way. We are not building a Motel PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 8 6 or, I should say, they are not building a Motel 6. This is maybe a quirk in your zoning requirements that this be brought before the Council at this time and really is not changes in the activities at the lodge. And, the other thing is that I do live on Angler Drive. I have my home there and it is not an intrusion. The intrusions are, if I may say, the dogs of us residents that bother the wildlife rather than the fishermen on the river. Yes, probably it would be better if commercial and residential were completely separated but I don't know any place in our society where it is. Certainly this application and this use is consistent with what is happening on Angler Drive. Thank you. Kebschull: Just for clarification, it was my recommendation that they bring this back to amend the use to the current code. It appears that in times past because there wasn't a use in the code that fit those actual uses that individuals applied for that they used B&B even though the uses when they were applied for did not technically meet that section of the code. If you remember, last year I believe it was, we modified our code to include the word hotel, Which is nor what we all visualize as a hotel, but basically just includes more than five guestrooms. And in this case that is what it would be and that allows them with or without food service. Basically this is just cleaning up and then just adding the guide service to the use that is already there. Bryson: Question, did the motion include the recommendations listed on page two from the staff?. Are they attached to the motion? Goecke: Yes, they did. Bryson: Question for staff, in the designation of hotel, what is the upper limit of this designation? Kebschull: We don't have a limit. What we're doing is putting the current use into that. A lodge is a group of five or fewer guestrooms and then hotel would be more than five. If the Commission wishes to limit they would need to do so by motion. You may want to ask the individuals here exactly how many guestrooms they have. Goecke asked Mr. Rainey to return to the podium. representing the petitioner. Rainey confirmed he was Bryson: The question was how many rooms are proposed in the .... Rainey: They're not changing any of the rooms. It is as it has been for the past 12 years. I think there is seven bedrooms and it exceed the limit for a this zoning and that's why it's called hotel and it certainly is no hotel by any stretch of the imagination. In fact, the residence that I'm in now has six bedrooms and it's approaching a hotel but there is only two of us living there. PLANNING & ZONING COMMISSION MEETING dUNE 12, 2002 PAGE 9 Goecke: Thank you. Ok, Marilyn... Kebschulh I just re-read the staff comments and I'm sorry I didn't realize this earlier. It is noted, and this is information from Mr. Maloney, that the house has four bedrooms used as rentals and there are two cabins on the site. Goecke' OK. · Mr. Glick. Glick: If we approve this as a hotel, can they then later come back and build more rooms on without coming back to us? Kebschull: yes. If they met the development requirements for the land that's available, Glick: The size of the land would restrict that? Kebschull: It could restrict it. They could add on to their house probably because you have 30% maximum lot coverage and then you need so many, 20,000 square feet per principle structure in this zone. We would have to review what they have there now because I don't know even if what they have there now meets the code. However, it was done prior to our time. Bryson: As I interpreted the conditional use permit, it's based on certain assumptions that are stated in the application. It's not like the zoning where actually a hotel could be broadly interpreted this would seem to me an additional use to be narrowly interpreted as, in this case, six. A modification of that would require coming back to the Commission for a change in the zone, is that not... Kebschulh That's how I would interpret it. If they would want to add additional cabins or rooms, because they have stated four bedrooms. Goecke: Mr. Osborne. Osborne' I seem to be kind of anti-development tonight for some reason and seems to me that if nothing's going to change, the conditional use permit ought to be all right the way it is rather than go with the hotel. I think I'll just vote no on this. VOTE: [ Bryson Yes Glick Yes Tunseth Yes Osborne No Nord Yes Goecke Yes Erwin Absent PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 10 MOTION PASSED. PZ02-3 l~An application for a variance from the development requirements, side setback, for the property known as Lot 5, Block 1, Thompson Park Addition # 1 {150 Fern Street}, Kenai, Alaska. Variance requested is 7 feet of the required 15-foot side setback. Application submitted by Tamara Howarth (Passe}, P.O. Box 2558, Kenai, Alaska. Kebschulh I'd just like to note that this is a large variance however the applicants are replacing a carport and the code allows for carports, unenclosed passenger, I believe its within three feet of the lot line, so it does seem like a large variance however they could have the carport up to that location. We did receive one concerned comment in regard to this variance. Bryson: Question for staff: The nature of the comments that were received, were they supportive or in opposition? Kebschull: In opposition. It was from Martha Thompson-Anderson. She believes the area is already heavily built upon and it would be in the best interest to enforce the space covenant. You have a copy of it in your packet. Bryson' Location (inaudible) occupancy relative to the applicant. Kebschull: She addressed it as 4020 Primrose however I don't believe she does live at that site because her address, I'd have to look real quick, because her mailing address was not to that location. She's from Homer. VOTE: I Bryson Tunseth Goecke Yes Yes Yes Erwin Glick Absent Yes Nord Yes Osborne Yes MOTION PASSED UNANIMOUSLY. PZO2-32--An application for an Encroachment Permit for front setbacks for the property known as Redoubt Terrace Subdivision Bluff View Condominiums Unit 6 (406 S. Forest Drive), Kenai, Alaska. Encroachment is 4.8 feet into the 25-foot front setback. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. MOTION' PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 11 Commissioner Tunseth MOVED to approve PZ02-32 and Commissioner Glick SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to amend limiting the petition to the existing structure only and Commissioner Glick SECONDED the motion. Goecke opened the floor to public hearing. Verbatim begins: Bryson: I guess I would like to request comments from the petitioner if they would like to make comments. Goecke: Is the Commissioner, I'm sorry, is the petitioner in? Please state your name and address please. Craig: DeWayne Craig, 406 South Forest Drive. Bryson: I just proposed an amendment limiting the application to the existing structure only. It's my assumption that... Craig: That's what it was for. I built the garage and I knew I could build in the 25 foot setback and I put a bedroom over the garage and I did everything I was supposed to, but, that's been about three years ago and I didn't have any clue that you couldn't have a bedroom over the garage and not meet the requirements that the city has and would need a building permit to get the addition built, additional building, that was disclosed to me a couple weeks ago. So, it's just for that one building is all we're asking for. Thank you. VOTE ON AMENDMENT: I Osborne Yes Tunseth Yes Glick Yes Bryson Yes Nord Yes Goecke Yes Erwin Absent AMENDMENT PASSED UNANIMOUSLY. VOTE ON MOTION AS AMENDED: Glick Yes Bryson Tunseth Yes Nord Yes Osborne Yes Yes Geocke Yes Erwin Absent PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 12 MOTION PASSED. ITEM 6: OLD BUSINESS-- None ITEM 7: NEW BUSINESS Discussion -- Draft Amendment to the Recreation Zone Kebschull reported she and the City Attorney reviewed the commission comments to re-zone Anglers Acres to better meet the needs of the area. Kebschull requested direction from the Commission as to whether to continue. Goecke requested reviewing the draft and bring new ideas back at the July 10 meeting. Goecke also requested the City Engineer and Building inspector to attend to answer any questions the Commission might have. Regarding an amendment to the Recreation Vehicles section, Goecke stated the idea to restrict recreational vehicles in the area from May 1 to September 30 seemed appropriate. The Commission unanimously requested the City Attorney draft an amendment to the current code for the Commission to review. ITEM 8' PENDING ITEMS-- None ITEM 9' CODE ENFORCEMENT-- None ITEM 10: REPORTS 10-a. City Council- Councilman Bannock provided a recap of City Council Action events. 10-b. Borough Planning- Commissioner Bryson provided a recap of Borough action items from the June 10, 2002 meeting. 10-c. Administration- Kebschull reported administration was contacted by Mr. Anderson and a conditional use permit will be issued for the condominium project of Lot 3 of Five Irons Heights Subdivision. She stated she would keep the Commission apprised of future developments. ITEM 11: PERSONS PRESENT NOT SCHEDULED PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 13 My name is Nelson Amen 1508 Toyon, here in Kenai. I came initially to look at this building variance on Toyon Way and Forest Drive on the corner. It looks like it was discussed prior to my arrival. I was not too concerned until I drove by the site after work today and the construction was well under way as well as a driveway appeared to be coming out onto Toyon Way from this particular construction that is very close to the stop sign. So, it's more of an informative request from me to you all as far as who would review that type of traffic at the stop sign and to determine whether or not driveway access at that location, very close to the stop sign, something that would create a hazard for the neighborhood. I'm not sure about the process, I guess in my ignorance; I could draw a diagram if that would help. Goecke: That would be a request would have to go through administration. Amen: A written complaint or... Kebschull: I would ask that you contact Keith Kornelis, he's the Public Works Manager for the streets department. For your information, Mr. Craig was asked to stop when we determined that he was working in that area because he does not have an excavation permit. ITEM 12: INFORMATION ITEMS 12-a. KPB Administrative Plat Approval- Habitat Acres Addition No. 1 Zoning Bulletin ( 5 / 10 / 02) ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED for adjournment. There were no objections. ORDERED. SO The meeting adjourned at 8:15 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 14 PLANNING ~ ZONING WORK SESSION CITY COUNCIL CHAMBERS JUNE 12, 2002 NOTES Commission Members Present: Goecke, Tunseth, Bryson, Nord, Glick, Osborne Commission Members Absent: Erwin Staff Present: Councilman Bannock, City Planner Kebschull, Department Assistant Harris Others Present: Kevin Waring (Kevin Waring Associates), Elizabeth Benson (Benson Planning Associates), Eileen Bechtol (Bechtol Planning & Development) Waring presented the Commission with a draft use plan for review and stated he and the other associates reviewed various comprehensive plans from other areas and chose a draft to be used for facilitating the needs of the City of Kenai. The Commission reviewed a draft plan which was done for the City of Seward in the early 1980's; Waring explained he would like to get an idea of the scope, content, and overall attitude of what the Commission and City of Kenai would like in the plan. The following items were discussed: *Waring requested the Commission consider the content, attitude and usefulness of the draft. .Wa_ring explained all general background information would be compiled into a separate document to prevent the plan from becoming overwhelming. Additionally, w/th separate documents, information can be easily updated. · The Commission commented on the draft as being very user-friendly, concise, and easier to refer to due to all extra/background information being in a separate document. *Waring exPlained he has gone over general demographics for Kenai and would estimate a 1 ¥~ % growth rate in the area economy for the next 20 years. Presently, the area experiences a 1% growth rate. Waring stated it is prudent to error on the upside than to become ill prepared in the event of unexpected growth. · The Commission discussed the usefulness of having such a plan, as it can become a useful tool in zoning, general land development, and Borough/City zoning and platting relationship issues. The group scheduled a meeting after the August 14, 2002 meeting to further review and discuss ideas. Additionally, Waring, Benson and Bechtol stated a draft document would be available for further review. PLANNING & ZONING COMMISSION WORK SESSION JUNE 12, 2002 PAGE 2 Mayor John Williams Kenai City Council Kenai Ak. June 27, 2002 I respectfully submit my resignation from the Kenai City Planning and Commission. Increased demands associated with my position with Marathon Oil Company has made it difficult to carry out the responsibilities of the position with the diligence and attention the citizens of Kenai deserve. Please accept my apology for the inconvenience caused by my resignation from the commission. Donald R. Erwin KENAI BEAUTIFICATION COMMITTEE JUNE 11, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS ***AGENDA*** ITEM 1' ITEM 2: ITEM 3' ITEM 4: ITEM 5: ,, ITEM 5: ITEM 7: a. ITEM 8: ITEM 9' ITEM 10: CALL TO ORDER/h ROLL CALL AGENDA APPROVAL APPROVAL OF MINUTE'S -- May 14, 2002 PERSONS SCHEDULED TO BE HEARD OLD BUSINESS NEW BUSINESS Discussion --"United We Bloom" Volunteer Day Review Discussion -- Pending Planting Needs REPORTS Committee Chair Parks & Recreation Director Kenai City Council Liaison QUESTIONS AND COMMENTS INFORMATION Parks & Recreation Commission Meeting Minutes of May 2, 2002 City Council Action Agendas of May 1 and 15, 2002. ADJOURNMENT KENAI BEAUTIFICATION COMMITTEE JUNE 11, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS CHAIR MARILYN DIMMICK, PRESIDING MINUTES ITEM 1' CALL TO ORDER & ROLL CALL Chair Dimmick called the meeting to order at 7:00 p.m. The roll was taken and confirmed as follows' Members Present: Members Absent: Others Present: Dimmick, Overturf, Rogers, Hett, Brown Seymour, Nelson Councilwoman Swarner, Parks & Recreation Director Frates, Department Assistant Harris ITEM 2- AGENDA APPROVAL Chair Dimmick requested the following items be added to the agenda: 5-a: 6-c: Changing of meeting time to 5'30 p.m. Plant Count The agenda was unanimously approved as amended. ITEM 3: APPROVAL OF MINUTES -- May 14, 2002 The minutes were approved as presented. ITEM 4: PERSONS SCHEDULED TO BE HEARD -- None ,,, ITEM 5' OLD BUSINESS ,,, Discussion -- Change of meeting time to 5'30 p.m. Chair Dimmick requested a motion be made to change the meeting from 7 p.m. to 5:30 p.m. due to convenience during winter months. Councilwoman Swarner advised the Committee if the time would be changed, it would be a permanent change. No further action was taken. ITEM 6- , , NEW BUSINESS Discussion --"United We Bloom" Volunteer Day Review The Commission discussed the Volunteer Day to determine needs for next year. The following items were discussed' · The Commission stated they were pleased with the overall turnout and thought all the volunteers did an excellent job. Letters of thanks will be sent this week. · Frates stated 60-80 letters to local businesses were sent requesting volunteers. Two businesses helped' REMAX and Tesoro. Councilwoman Swamer requested, for the future, all letters requesting volunteers and other publicity (Anchorage Daily News, Peninsula Clarion reporters and editors, radio stations) be sent at least three weeks ahead of the event. Ideally, send letters to request volunteers for large companies at least six months in advance for proper planning. The Commission requested fertilizing in advance of Planting Day. · Commissioner Overturf stated the need to harden off plants longer. She stated the plants used this year did not seem hardened off well enough. Additionally, Overturf suggested a special plant fabric be used in the hardening-off phase. Frates stated he has tried this method in the past, but will look into it again. · Frates stated the Care Center kids did an especially good job. Discussion -- Pending Planting Needs The following items were discussed: Scout Park has a low spot that tends to become flooded. Frates stated he would check on this. Additionally, the rose bushes in this area appear to be dead. · The Chamber of Commerce building was recently vandalized. The sprinkler was turned on in the front porch, which drenched the building, inside of the front door area of the building, and flooded the planters. The Commission discussed ways to prevent this happening in the future, including placing a lock on the sprinkler. * Commissioner Overturf requested the Parks Department focus on edging. · The Commission suggested sending letters to request local businesses care for the lawn areas in front of their businesses. · The growth of lawn sections on Willow Street is hindered by the amount of sand accumulation over the course of the winter. Frates suggested work on these areas could possibly be contracted out to remove excess sand. Discussion -- Plant Count Councilwoman Swarner and Commissioner Overturf informed the Commission of their planting log which keeps track of how many and what types of flowers have been planted. ITEM 7: REPORTS Committee Chair-- No report KENAI BEAUTIFICATION COMMITTEE JUNE 11, 2002 PAGE 2 7-b. Parks/h Recreation Director -- Frates reported the Kenai Chamber of Commerce "Hooked on Kenai" banners have been hung. 7-c. Kenai City Council Liaison -- Councilwoman Swarner reported on City Council action items and informed the Commission of the upcomin§ elections on October 1, 2002. ITEM 8: OUESTIONS AND COMMENTS -- None ITEM 9: INFORMATION Parks/~ Recreation Commission Meeting Minutes of May 2, 2002 City Council Action Agendas of May I and 15~ 2002. ITEM 10: ADJOURNMENT The meeting adjourned at 8'20 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant KENAI BEAUTIFICATION COMMITTEE JUNE 11, 2002 PAGE 3 June 27, 2002 44582 Carver Dr. Kenai, AK 99611 City of Kenai 210 Fidalgo Ave. Suite 200 Kenai, Alaska 99611 Dear Mayor Williams and Council Members, Thank you for allowing me the opportunity to be an official member of the Beautification Committee this year. Although I am not a city resident I feel a close association with Kenai and was glad that you changed the regulations to allow one nonresident to be on a board or committee. I must regretfully resign my position because we are moving to Maine in August. When we first moved to Kenai in 1992 i read a newspaper article calling for volunteers to help plant lilacs and roses in the parks. I signed up thinking that I would meet some great people with lots of gardening experience. I was right. I have met many wonderful people in the last 10 years. I am proud of how the city gardens look and proud of the people that have supported the parks and gardens in Kenai. Without the support of the city council, the parks department, and many many volunteers, we would not be able to accomplish as much as we have. Being a volunteer with the city of Kenai has been a rewarding experience. Please keep up the great support to keep Kenai blooming! Sincerely, ' ~inda Overturf AGENDA KENAI CITY COUNCIL- REGULAR MEETING JUNE 19, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http://www.ci.kenai, ak.us ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the coUncil and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS' . 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. . Resolution No. 2002-33 -- Awarding Janitorial Contracts for the City Administration Building and the Kenai Visitors and Cultural Center to Integrity Janitorial for the Period July 1, 2002 Through June 30, 2003. , Resolution No. 2002-34 -- Approving the Sale of Lot Four (4), Block One (1), Evergreen Subdivision, Klm Addition. , Resolution No. 2002-35 -- Transferring $7,600 in the Shop Department to Purchase Operating Supplies. e Resolution No. 2002-36 -- Transferring $6,200 from the Street Department to the Shop Department to Purchase Grader Tires. , Resolution No. 2002-37 -- Transferring $9,500 in the Airport Maintenance & Operations Department to Purchase Loader Tires. , Resolution No. 2002-38 -- Transferring $105,000 in the Street Improvement Capital Project Fund for Engineering and Administration. o 10. 11. 12. 13. 14. 15. 16. 17. 18. ITEM D: . 2. 3. 4. 5. 6. 7. Resolution No. 2002-39 -- Awarding a Professional Services Contract for Engineerin§ Design and Inspection on the Project Entitled Pillars LID -- Chinook Drive And Sockeye Circle to Wince-Corthell-Bryson for the Not-To-Exceed Amount of $22,100. Resolution No. 2002-40 -- Awarding the Bid for the Purchase of a Black and White Copier for the City Administration Building and Entering Into a Contract for Maintenance and Supplies for Five Years to High Speed Gear for a Total of $22,881.00. Resolution No. 2002-41 -- Setting the Public Hearing Date on the Proposed Basin View Subdivision Special Assessment District (Dolchok Lane, Kim-N-Ang Court, and Cub Court). Resolution No. 2002-42 -- Awarding the Bid to Kachemak Electric, Inc. for the Kenai Airport Fire Alarm System Upgrade - May 2002 for the Total Amount of $20,894. Resolution No. 2002-43 -- Awarding a $31,500 Contract for a Sport Utility Vehicle for the Police Department. Resolution No. 2002-44 -- Transfemng $6,000 in the Airport Land Fund for Parking Lot Expansion at the Fire Training Center. Resolution No. 2002-45 -- Awarding a Professional Services Contract for En~.neefing Desi~ on the Project Entitled Kenai Municipal Airport Terminal Parking Area Modifications to Wince-Corthe11-Bryson for the Not-To-Exceed Amount of $21,100. Resolution No. 2002-46 -- Transferring $7,397 in the General Fund for Purchase of a Cemetery Fence. Resolution No. 2002-47-- Awarding the Bid to Four Season's Fence Co. for Kenai Cemetery Fence - 2002 for the Basic Bid of $25,397. *WITHDRAWAL OF PROTEST FOR CONTINUED OPERATION -- Old Town Village Restaurant *Liquor License Renewal-- Little Ski-Mo Drive In/Restaurant/Eating Place 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 Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce ITEM E: MINUTES o *Regular Meeting of June 5, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS o Bills to be Paid, Bills to be Ratified o Purchase Orders Exceeding $2,500 , Approval-- Assignment of Lease of Lot 5, Block 5, General Aviation Apron No. One from Robert J. Johnson to Timothy J. Mitchell and Linda L. Mitchell. ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT KENAI CITY COUNCIL- REGULAR MEETING ,JUNE !9, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' //www.ci.kenai.ak. Us MAYOR JOHN J. WILLIAMS~ PRESIDING ITEM A: CALL TO ORDER Mayor Williams called the meeting to order at approximately 7:02 p.m. in the Council Chambers in the Kenai City Hall Building. A-Xo PLEDGE OF ALLEGIANCE Mayor Williams led those assembled in the Pledge of Allegiance. A-2. ROLL CALL Roll was taken by the City Clerk. and Bookey. Present were: Swarner, Porter, Jackman, Williams Absent were: Bannock and Moore. A-3o AGENDA APPROVAL Mayor Williams requested the following changes to the agenda: ADD AT: D-2, Resignation notice of Airport Commission Member Jason Elson and copies of applications for consideration. ADD AS: H-4, Discussion -- Schedule Board of Adjustment Hearing/Van Dusseldorp Appeal MOTION: Councilwoman Swamer MOVED for approval of the agenda as amended and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. A-4. 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-- None KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 2 ITEM C: PUBLIC HEARINGS C-1. 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. MOTION: Councilwoman Swarner MOVED for adoption of Ordinance No. 1959-2002 and Councilwoman Porter SECONDED the motion. There were no public or council comments. VOTE: Swam er Yes Moore Absent Porter Yes Bannock Absent Jackman Yes Williams Yes Bookey Yes MOTION PASSED UNANIMOUSLY. C-2o Resolution No. 2002-33 -- Awarding Janitorial Contracts for the City Administration Building and the Kenai Visitors and Cultural Center to Integrity Janitorial for the Period July 1, 2002 Through June 30, 2003. MOTION: Councilwoman Porter MOVED for adoption of Resolution No. 2002-33 and Councilwoman Swarner SECONDED the motion. There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-3o Resolution No. 2002-34 -- Approving the Sale of Lot Four (4), Block One {1), Evergreen Subdivision, Klm Addition. MOTION: Councilman Bookey MOVED for approval of Resolution No. 2002-34 and Councilwoman Jackman SECONDED the motion. Councilwoman Swarner requested UNANIMOUS CONSENT. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 3 There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-4o Resolution No. 2002-35 -- Transfemng $7,600 in the Shop Department to Purchase Operating Supplies. MOTION: Councilwoman Porter MOVED for adoption of Resolution No. 2002-35 and Councilwoman Jackman SECONDED the motion. There were no public comments. It was noted, the money would lapse if the purchase was not made. Several council members noted their disappointment there were so many transfers on the agenda. Finance Director Semmens noted this particular resolution was to enable purchase of supplies which were included in next year's' budget, however a significant discount was available with free shipping if purchased at this time and administration felt it was beneficial to take advantage of the opportunity. VOTE: Bannock Booke¥ Yes Moore Absent Porter Yes Absent Jackman Yes Williams Yes Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2002-36 -- Transfemng $6,200 from the Street Department to the Shop Department to Purchase Grader Tires. MOTION: Councilwoman Swamer MOVED for approval of Resolution No. 2002-36 and Councilwoman Porter SECONDED the motion. There were no public comments. Discussion followed regarding the purchase of the tires and it was explained the tires would be used on the 1993 1440G Grader whose rear drivers were worn; if not changed, it would be hard on the equipment; all four tires should be changed at the same time; these tires had long wear advantage and wouldn't require chains; both the street and shop foremen recommended the purchase; and, the tires would be replaced before the end of the summer. It was suggested administration investigate purchasing capped tires. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 4 VOTE: Swarner Bannock Bookey Yes Absent No Moore dackman Absent No' Porter Willia_ms Yes Yes MOTION FAILED. C-6. Resolution No. 2002-37 -- Transferring $9,500 in the Airport Maintenance & Operations Department to Purchase Loader Tires. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-37 and Councilwoman Jackman SECONDED the motion. There were no public comments. Airport Manager Cronkhite explained the loader is used for pushing snow; the current fires need replacing and require chains; putting on/taking off chains uses a lot of man hours; the new tires would be snow wedge and will not require chains; and cannot be capped. Cronkhite added, she and the shop foreman had requested this type of tires in the past and they were not included in the budgets. Because money was available in the airport budget, they were hoping to purchase the tires. It was added, in the past, shipping tires took several weeks, and purchasing them early would have them available for the beginning of the winter months. When asked why the purchase was being made from airport funds, it was explained this type of purchase is normally made from the shop budget, but the shop budget is ultimately paid back through the shop allocation from the airport budget. It was also noted, the fires being replaced would be included in the annual auction on which they could require a minimum bid. Public Works Manager La Shot noted the shop had requested the loader and grader tires in two. past budget sessions, but they were cut. They were trying to get away from as much general usage as possible. Both pieces of equipment could be run without chains much better and would be easier on the equipment. VOTE: Bannock Bookey Yes Absent No Moore Jackman Absent Porter Yes Williams l Yes Yes MOTION PASSED. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 5 C-7. Resolution No. 12002-38 -- Transfemng $105,000 in the Street Improvement Capital Project Fund for Engineering and Administration. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-38 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. It was noted there was $600,000 in the Street Improvement Project Fund and another $132,000 was expected. VOTE: There were no objections. SO ORDERED. C-8. Resolution No. 2002-39 -- Awarding a Professional Services Contract for Engineering Design and Inspection on the Project Entitled Pillars LID -- Chinook Drive And Sockeye Circle to Wince-Corthell-Bryson for the Not-To-Exceed Amount of $22,100. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-39 and requested UNANIMOUS CONSENT. Councilwoman Jackman SECONDED the motion. There were no public comments. Concern was expressed whether there would be enough money in the fund for all three of the street improvement projects that had been requested. Semmens explained they had rounded the amount off for all three projects and there would be funds needed for any of the projects as the budget had no money in it at the present. VOTE: Swarner Yes Bannock Absent Booke¥ Yes Moore Absent Jackman Yes Porter Williams Yes Yes MOTION PASSED UNANIMOUSLY. Resolution No. 2002-40 -- Awarding the Bid for the Purchase of a Black and White Copier for the City Administration Building and Entering Into a Contract for Maintenance and Supplies for Five Years to High Speed Gear for a Total of $22,881.00. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 6 MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-40 and Councilwoman Porter SECONDED the motion. City Manager Snow reported the bid included the purchase of the copier as well as haintenance and supplies for five years. Porter asked, when writing contracts, is ere an out if the maintenance and service is not satisfactory. Answer was yes, depending on what is included in the contract. Councilwoman Jackman requested to abstain from voting because she is employed by one of the bidders. There was no objection. Swarner stated she uncomfortable with the whole copier conversation as Frontier was the low bidder the last time the copier was bid. It was noted, High Speed-Gear was the lowest responsible bidder for this bid. Porter stated she did not have a problem with the issue as council instructed administration to re-bid the purchase and all those who bid during the first bid, bid again'. Swarner noted the last bid was for leasing equipment and this time was for purchase. Porter noted, she felt all the bidders were back to square one and were treated equally. Swarner questioned the previous offer to piggyback a lease from Frontier and Snow noted, administration did not go forward with a piggyback as council stated at one of the budget hearings they did not want to pursue a piggyback arrangement. Williams stated he thought council had requested administration to investigate piggybacking and Snow explained She had reviewed her notes and a number of council stated they were not interested in a piggyback arrangement and she didn't pursue it. In order to do a piggyback, a sole source bid would have had to been done. Porter called for the question. VOTE: Bannock Bookey No AbSent Yes Moore Jackman Absent Porter Abstain Yes Williams No MOTION FAILED. Porter asked what would be done with the copier issue now and Snow reported there were no funds included in next year's budget to purchase a copier. Williams added, it was his understanding the city would be piggybacking with the School District. Snow stated she would be happy to pursue that issue with council's direction. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 7 Porter stated she did not feel piggybacking the bid would be fair to others in the community who may be interested in bidding for the equipment. Swarner stated she also believed the instructions were for administration to investigate the possibility of piggybacking and that was one of the reasons she voted no. Discussion followed as to the need for a new copier and Snow explained it was administration's intention to move the large copier currently situated upstairs in city hall to downstairs and have the new copier in the upstairs. She added, the issue would return to council when the current copier no longer works. It was noted by Porter and agreed by Bookey that all the businesses are in Kena/and council should look at the cost, value to value, and if there are problems, deal with them through the maintenance agreement. Attorney Graves was asked if council could discuss the matter without a reconsideration and he explained it could be if the chair waived the rules. Williams waived the rules. Asked if a reconsideration motion could be made, Graves explained the no vote was prevailing and Swamer could make a motion to reconsider. BREAK TAKEN: 7:46 P.M. BACK TO ORDER: 8:01 P.M. MOTION TO RECONSIDER: Councilwoman Swamer MOVED to reconsider Resolution No. 2002-40 and Councilman Bookey SECONDED the motion. There were no objections. SO ORDERED. MOTION TO TABLE: Councilwoman Swamer MOVED to table Resoiution No. 2002-40 to the next regularly scheduled council meeting of July 3, 2002 ana Councilwoman Porter SECONDED the motion. Semmens noted the money budgeted for the purchase would not carry over to next year's budget. Williams stated council understood and funding would have to be appropriated. VOTE: There were no objections. SO ORDERED. From consensus of council, administration was directed to prepare an ordinance to appropriate funding to purchase a copier for the July 3, 2002 meeting, holding the introduction, second reading, and consideration all during the same meeting. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 8 Semmens noted, the ordinance would cover the cost of the machine plus one year of maintenance. He added, the contract of award was based on the $22,000, but they would pay on a monthly or quarterly basis, but no more than a year at a time. C-10. Resolution No. 2002-41 -- Setting the Public Hearing Date on the Proposed Basin View Subdivision Special Assessment District {Dolchok Lane, Kim-N-Ang Court, and Cub Courtl. MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-41 and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no public comments. Bookey asked if more investigation had taken place in regard to ground problems discussed during the past council meeting. Public Works Manager Kornelis explained he spoke with Engineer Bill Nelson who stated they had done ten test holes in the past. Komelis added, more test holes would be done and he believed most of the previous problems was off the road bed. Bookey asked what would happen if the project proceeds and it comes back at a much higher cost and Komelis noted, there were ways to stop the project. Williams added, after the engineering is completed, it would be known if there would be major cost overruns. At that time, a meeting with the property owners could be scheduled to discuss the matter further. Bookey stated his concern the funding in the project fund would be depleted with the three upcoming improvement projects. Williams suggested that be discussed further during the public hearing. Bookey added, council may have to consider amending the code regarding the 25% portion paid by the property owners for future projects and Williams agreed, saying that could be another topic of discussion. VOTE: There were no objections. SO ORDERED. C-ll. Resolution No. 2002-42 -- Awarding the Bid to Kachemak Electric, Inc. for the Kenai Airport Fire Alarm System Upgrade - May 2002 for the Total Amount of $20,894. MOTION: Councilwoman Swarner MOVED for approvE, of Resolution No. 2002-42 and Councilwoman Porter SECONDED the motion. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 9 There were no public or council comments. VOTE: There were no objections. SO ORDERED. C-12. Resolution No. 2002-43 -- Awarding a $31,500 Contract for a Sport Utility Vehicle for the Police Department. MOTION: Councilman Bookey MOVED for adoption of Resolution No. 2002-43 and Councilwoman Porter SECONDED the motion. There were no public comments. Snow explained there were no funds included in next year's budget for this purchase as a transfer had been made to put the funding in the current budget. Williams noted, one police officer had been funded through a federal grant, however those grant funds were no longer available and the city picked up the cost of that police officer. He suggested the police officer position could lapse through attrition. Police Chief Kopp noted over the last couple of years, several officers had retired and there are now five officers with 14 months or less with the department and he didn't anticipate more attrition in the near future. He also noted, crime had increased 20%. Kopp explained, the SUV would offer four-wheel drive response for emergency situations, beach response, and would greatly enhance the capability for the department. He added, the department had an aging patrol fleet and two vehicles would soon be rotated out due to high mileage. Councilman Bookey called for the question. VOTE: Swarner Yes Bannock Absent Bookey Yes Moore Absent Jackman Yes Porter Williams Yes Yes MOTION PASSED UNANIMOUSLY. C-13. Resolution No. 2002-44 -- Transferring $6,000 in the Airport Land Fund for Parking Lot Expansion at the Fire Training Center. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 10 MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-44 and requested UN~IIMOUS CONSENT. Councilman Bookey SECONDED the motion. There were no public comments. Councilwoman Swarner reported she had visited the fh'e training facility recently and the parking lot was full. She felt it was probably a good move to proceed with the project. VOTE: There were no objections. SO ORDERED. C-14. Resolution No. 2002-45 -- Awarding a Professional Services Contract for Engineering Design on the Project Entitled Kenai Municipal Airport Terminal Parking Area Modifications to Wince-Corthell-Bryson for the Not-To-Exceed Amount of $21,100. MOTION: Councilwoman Porter MOVED for approval of Resolution No. 2002-45 and Councilwoman Jackman SECONDED the motion. There were no public comments. Cronkhite explained the study would address public comments and difficulties currently with the pay parking area, main parking lot, the overflow parking lot, etc. She added, the Airport Commission was reviewing fees and the use of some of the parking areas. Cronkhite noted, public comments Would be heard through the Commission and that they would also discuss increasing fees and adding a parking fee for the short-term parking area. Williams noted, a number of years ago a parking garage was discussed and he asked if this was addressed in the Master Plan. Cronkhite stated, the Plan discusses enlargement of parking lots, but not building a parking garage. She a/so noted the red cones (used for marking parking areas in front of the terminal) had been removed. VOTE: There were no objections. SO ORDERED. C-15. Resolution No. 2002-46 -- Transferring $7,397 in the General Fund for Purchase of a Cemetery Fence. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 11 MOTION: Councilwoman Swarner MOVED for approval of Resolution No. 2002-46 and requested IYNANIMOUS CONSENT. Councilwoman Jackman SECONDED the motion. There were no public or council comments. VOTE: Swam er Yes Moore Absent Bannock Absent Jackman Yes Yes Bookey Porter No Williams Yes MOTION PASSED. C-15. Resolution No. 2002-47 -- Awarding the Bid to Four Season's Fence Co. for Kenai Cemetery Fence - 2002 for the Basic Bid of $25,397. MOTION: Councilwoman Swamer MOVED .for approval of Resolution No. 2002-47 and Councilwoman Jackman SECONDED the motion. There were no public comments. Parks & Recreation Director Frates reported only two bids were received. When asked why the fencing was so costly, Frates explained it was because rod iron is expensive and shipping is a large part of the cost. He added, the fencing will be only along the front/street side of the cemetery. Porter stated she was very pleased with the work and efforts being taken at the cemetery, but with the increases in insurance, the lack of wage increases for employees, etc. she would have a hard time supporting the fence for just the front of the cemetery at a cost of $25,000. Bookey stated he was concerned as well and questioned the difference in the bids. Frates noted the fencing was a budgeted item. Wi!l/ams stated he felt it would be appropriate to proceed with the fencing with all the work being done at the cemetery. He noted, it had been arranged for the sign to be taken down for sandblasting and repenting. Williams stated he would support the resolution, Swamer stated she was also surprised by the cost of the fence, but would support the resolution. dackman stated she too would have a hard time supporting the fencing project as there were business owners whose businesses cannot be seen because of snow berms and funding for that snow removal program had been cut from the budget. Bookey stated he would support the project as he was impressed with the work and effort taken on by volunteers at the cemetery. KENAI CITY couNcIL MEETING JUNE 19, 2002 PAGE 12 VOTE: Bannock Bookey Yes Moore Absent Absent Jackman No Yes Porter Williams Yes Yes MOTION PASSED. C-17. WITHDRAWAL OF PROTEST FOR CONTINUED OPERATION -- Old Town Village Restaurant Approved by consent agenda. C-18. Liquor License Renewal-- Little Ski-Mo Drive In/Restaurant/Eating Place Approved by consent agenda. BREAK TAKEN: 8:36 P.M. BACK TO ORDER: 8:44 P.M. ITEM D: COMMISSION/COMMITTEE REPORTS D-1. Council on Aging -- Swarner reported the unapproved minutes of the June meeting were included in the packet. She noted Arlene Enfield's resignation from the Council on Aging and that applications for her replacement were being sought. Swarner reminded council and audience of the Senior Center's pie booth at the Fourth of July festivities. Porter noted, the minutes of the meeting indicated the Center would now be used as a polling place. D-2. Airport Commission -- Jackman reported no quorum was established at the June meeting. She also noted the memorandum added at the beginning of the meeting, informing council of the resignation of at-large member, Jason Elson from the Commission. Williams referred to the applications included with the memorandum and noted, after conferring with council, he was offering Robert Wattdns to be appointed. He noted, Dr. Zirul (another applicant) was in the audience, as was Watldns. Williams explained he had spoken with Watkins a year prior in regard to being appointed and would next consider Zirul when another at-large position becomes available. There were no objections to the appointment of Watkins to the Commission. D-3. Harbor Commission -- Bookey reported the minutes of the June meeting were included in the packet. At the meeting, the Commission discussed the dock KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 13 facility, and it was reported it was open and ready for business. Additionally, due to inappropriate use by patrons, the shower had been closed. Bookey also reported the Commission discussed the Kenai River Bridge Access Road Pathway. He noted, council had previously reviewed the levels and widths of the bike trail and passed a resolution in support of the project in general and not specific to a choice of pathway location. The Commission voiced their strong desire for a separated pathway largely due to potential roadway hazards an attached pathway could cause. They requested council pass a resolution supporting the placement of the separated pathway, a 50-foot easement from the road to the pathway, as it would provide a safer environment for pedestrians. Bookey also reported, the west side of the highway is preferred for the location of the pathway to the bridge and then changing over to the east to the intersection of Kalifomsky Beach Road and Bridge Access Road. At this time, that location is in the plan and no changes to that design were anticipated. Williams noted council had discussed both projects with the Departments of Transportation (DOT) and Parks and Outdoor Recreation and suggested they keep in touch in regard to the plans for the pathway and Birch Island. He asked if they were both aware of the pathway plans. Phil Bryson of Wince-Corthell-Bryson (engineers working with DOT on the pathway) was in the audience and stated both entities were aware of the type of access. Komelis reported both Parks and DOT had sets of drawings for the project. Bryson added, the project was now in the environmental review process regarding migratory wild fowl. Any concerns regarding fish will come up if and when an application is made for construction which will affect the waterway. He added, at this time, not all of the agencies are opposed to all of the options. Swarner stated she supported the 50 foot pathway, but did not want to be so strict that it could compromise the pathway project. She wants room for compromise. Council's consensus was to bring forward a resolution of support. D-4. Library Commission -- Library Director Jankowska reported the minutes of the June meeting were included in the packet and reminded council they had cancelled the July meeting. D-5. Parks/h Recreation Commission -- Porter reported the minutes of the June meeting were included in the packet. She noted, the Commission would like to have their July meeting cancelled (it fa_Ils on July 4). There were no objections from council. MOTION: Councilwoman Porter MOVED to have a special meeting of the Parks & Recreation Commission scheduled for June 25 at 7:00 p.m. in the Council Chambers to discuss the Conditional Use Permit for the Multipurpose Facility for outdoor activities. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 14 Councilwoman Swarner SECONDED the motion. There were no objections. SO ORDERED. It was noted, the minutes stated the sign up for the summer recreation program was slow and Parks & Recreation Director Frates was asked if more children had been signed up since the meeting. Frates reported the fee is $120 and at this time 18-20 children had signed up for the program; last year 201 had signed up. Frates also reported approximately $6,300 would be collected for use of the June ice at the multipurpose facility. Clerk Freas was requested to write a thank-you letter to the Getty's for their volunteer efforts at the cemetery. Williams reported he attended an Arctic Winter Games meeting and noted the bid would come up in October. He added, if the Kenai Peninsula is successful in the bid, a collaborative effort from the City of Kenai will be required. Williams noted, he had spoken with an architect and requested future designs for the multipurpose facility to add a clubhouse, team rooms, rock wall, running track etc. with an estimated cost of $2 million. He added, the City would need to be prepared to support the games and lobby for funding. Williams stated federal funding is available. At this time, the plans are preliminary with no fiscal note. Bookey stated he thought Williams was headed in the right direction and he wants the city to be a part' of the event if it is awarded to the Peninsula. D-6. planning/h Zoning Commission -- Williams reported for Bannock in his absence and noted actions taken at the June 12 meeting. He added there were a number of people who spoke against a conditional use permit for additional cabins to be built in Anglers Acres. He suggested the future use of properties in Anglers Acres be discussed during the Comprehensive Plan Update process. Williams also reported the Commission set another work session regarding the Comprehensive Plan for August 14 for which a new draft of the working document will be available from the consultant. He suggested council review the information prior to the work session and encouraged council members to attend. D-7. Miscellaneous Commissions and Committees D-7a. Beautification Committee -- Swarner reported a meeting was held on June 11 and that the crews are busy and working hard. Kenai Convention/~ Visitors Bureau Board-- No report. D-7c. Alaska Municipal League Report -- Williams reported he would not be attending the legislative meeting in July to be held in Bethel but encouraged other council members to consider attending. He also reported he would be attending a Conference of Mayors meeting in Pelican on August 22 and 23. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 15 D-7d. Kenai Chamber of Commerce -- No report. ITEM E: MINUTES E-Xo Regular Meeting of June 5, 2002 -- Approved by consent agenda. ITEM F: CORRESPONDENCE-- None. ITEM G: OLD BUSINESS-- None. ITEM H: , , NEW BUSINESS H-X. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Swarner MOVED for approve of the bills to be paid and ratified and Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-2o PurChase Orders Exceeding $2,500 MOTION: Councilwoman SWamer MOVED to approve the purchase orders exceeding $2,500 with the deletion of Tire Distribution Systems for grader tires at $6,143.70. Councilwoman Porter SECONDED the motion. Semmens explained there was no purchase order included on the list to High Speed Gear for the copier as passage ,of the resolution would have been sufficient to satisfy the code for a purchase. He noted, purchase orders had been prepared for the equipment to come for the current budget and a year's maintenance for next year. Williams questioned the plant rental and maintenance at the airport terminal and Cronkhite explained she had investigated the cost of plants, time involved in caring for them, etc. and found it would be more cost efficient to rent them. VOTE: There were no objections. SO ORDERED. i-3o Approval --Assignment of Lease of Lot 5, Block'5, General Aviation Apron No. One from Robert J. Johnson to Timothy J. Mitchell and Linda L. Mitchell. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 16 MOTION: Councilwoman Swamer MOVED to approve the Assignment of Lease of Lot 5, Block 5, General Aviation Apron No. One from Robert J. Johnson to Timothy J. Mitchell and l~inda L. Mitchell and requested UNANIMOUS CONSENT. Councilwoman Porter SECONDED the motion. There were no objections. SO ORDERED. H-4o Discussion -- Schedule Board of Adjustment Hearing/Van Dusseldorp Appeal This item was added to the agenda at the beginning of the meeting. Council reviewed their schedules and set the Board of Adjustment hearing for 7'00 p.m., July 17, 2002, immediately prior to the regular council meeting. ITEM I: REPORT OF THE MAYOR Williams reported it was his turn to host the Mayors' Golf Tournament. Although no date was set at this time, he would need some volunteers to help and encouraged other members of council and administration to assemble teams. He also noted, there would be a fiscal note which had not been included in the upcoming year's budget. ITEM J: ADMINISTRATION REPORTS J-1. City Manager-- City Manager Snow noted reports from department heads were included in the packet. She also noted: · An old buoy anchor was pulled up from the fiver and is at the dock. Interest to purchase it for $150 has been received from RSr~J Seafoods. She asked if council had any objections to its sale. MOTION: Councilman Bookey MOVED to hold the sale of the anchor and include it in the next city auction and Councilwoman Swamer SECONDED the motion. There were no objections. SO ORDERED. Komelis noted there may not be an auction this year as there were not many items on the list for sale at this time. · At the next meeting, council should have a list of recommended fee increases for review. She noted, some fee increases will require a code change and some can be accomplished by approval of the city manager and review of council. · Salamatof Seafoods has requested fish haul permits for four planes. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 17 Swarner asked the progress on the burned-out house on Lilac Lane and City Attorney Graves reported the house had been removed. Graves was asked if a penalty could be attached if the work was not down within the allotted time and Graves stated the house was owned by an estate and council may place a lien on it. He noted the estate was aware of the process. BookeY noted fluctuations in water pressure and stated he believed council would have to soon investigate water supply alternatives. Komelis noted the consumer confidential report on water quality would be mailed in the next week. He added, the city is currently in compliance, however treatment will have to be added by 2006 due to the new arsenic rules which may mean alternative treatment facilities. In regard to the new well drilling on Van Anthwerp, Komelis reported no primary contaminants had been found and they are investigating combining two distinct acquifers. A study is being done for placement of a water line down to that area and connecting into the system. J-2. Attorney -- Graves stated he would be taking personal leave on Friday and possibly Monday. J-3. City Clerk -- Freas' noted information included in the packet regarding upcoming dates to be kept in mind for the city/borough election. She also referred to information received from the Division of Elections in regard to new polling site locations chosen for the City of Kenai, i.e. Kenai No. 1/Kenai Mall, Kenai No. 2/Old State Court building, and Kenai No. 3/Kenai Senior Center. Freas added, currently there are four voting precincts in Kenai and through the redistricting process, those had been formed into three precincts. Bookey stated his objection to the lack of ability for council to comment on the 'selection of polling sites, etc. as was originally represented by Freas. Freas noted she had requested the information several times, but only received the information in time for inclusion in the packet and the change in polling site locations came from continued uncooperativeness of the Armory personnel. Porter stated her concern the Senior Center parking area would be additionally congested during lunch and Freas explained, personnel from the Division of Elections came to Kenai and inspected the different sites and felt they would be able to accommodate their requirements for sites. She added, she too was concerned in regard to using the Senior Center, but learned senior centers are used as polling sites all over the state with very little problems and the Center Director stated to her she was excited to make it available .for this use and hamper voting activity. Council noted their objections to the new polling places, stating they felt it better to keep the precincts voting at one site. They directed Freas to write a letter to the Division of Elections and state their opposition to all three locations, that it should be KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 18 within their purview to express to the Armory personnel to cooperate, and that splitting the sites would confuse voters. ITEM K: DISCUSSION X-Xo Citizens-- None. K-2. Council Bookey -- Questioned the cones along Willow Street and Komelis explained they were marking a sink hole caused by HEA hitting a storm drain while placing conduit. He added, HEA would be repairing the area. Swarner-- · Refemng to the decreases in the monthly enplanement report, she requested a letter be sent to ERA Aviation expressing the city's concern that the increase in plane fares has caused much of the decreases and what affect that has on the city's tourism revenue, Slope workers use of the airline, etc. · Passed around information on the artwork that would be placed at the airport and made available by the Department of Outdoor Parks and Recreation. · Stated her concern with the number of transfers included on the agenda and added she didn't recall that many coming at the end of a fiscal year in the past. Reported she was encouraged to visit HEA and learn about improvements to underground wiring in the Chinulna Point/VIP Subdivision area that will be done in several different phases. She was told there should not be any problems with services to city residents in that area. Porter -- · Noted she had visited the city yard recently and was concerned there were so many bicycles and suggested an "adopt-a-bike" program for children who do not have bikes and give them away free, instead of them being stored outside and rusting, etc. Wi!l/ams suggested making them available when having a bicycle rodeo. Police Chief Kopp stated they are included in the city auctions, but if council wanted an alternative to their disposal, it would be their decision. Kopp suggested an article be included in the newsletter regarding found bikes and how to reclaim, etc. · Since council discussed city contracts with other entities using city buildings, i.e. KVCB, PRISM, Arts Guild, etc., she suggested council meet with administration and give them an idea of the direction they wanted to go with these contracts. Bookey stated he didn't have an objection to review them and suggested September and start review of the budget as well. Snow noted she was now working on renewing the maintenance and operation agreement with the fire training facility. Williams noted that agreement is very special in regard to use and operation of the whole facility and didn't know if there were any other agreements affecting city property as much as this one. KENAI CITY COUNCIL MEETING JUNE 19, 2002 PAGE 19 Snow noted, copies of all the contracts were made available to council for the last budget work session. She encouraged council to review them and if they had some questions or suggestions, to contact her. Porter suggested they do them all collectively and Snow stated it would be up to council. Snow stated she would continue to work with the fire training facility personnel and it would come back to council for review of what had been worked out. Williams stated she should continue with the negotiations and then council can review. Jackman -- * Noted the skateboard park sign by the Recreation Center should be removed since the park had been moved. · Stated she attended the Library's book sale and really enjoyed it. · Reported she had been rollerblading on the sidewalk along the Spur Highway and found mower clippings, etc. and asked if the city cleans the sidewalks after they finish mowing. Frates reported they blow the clippings off in some areas, but the highway areas are different. He stated he would look into the matter. · Referred to Municipal Park and the amount of dandelions in the park. Frates reported the area would be sprayed and reseeded. Porter also suggested signs at the skateboard park be placed in large red/blue lettering and state "skate at your own risk; wear helmets." EXECUTIVE SESSION- None Scheduled ITEM L: ADJOURNMENT The meeting adjourned at approximately 10:26 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk Suggested by: City of Kenai KESOLUTION NO. 2002-40 City Administratio --/ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE BID FOR THE PURCHASE OF A BLACK AND WHITE COPIER FOR THE CITY ADMINISTRATION BUILDING AND ENTERING INTO A CONTRACT FOR MAINTENANCE AND SUPPLIES FOR FIVE YEARS TO HIGH SPEED GEAR FOR A TOTAL OF $22,881.00. WHEREAS, bids were solicited for the purchase of a black and white copier for the City Administration Building; and, WHEREAS, the following bids were received on June 13, 2002; Bidder Make & Model Total Bid Price High Speed Gear Toshiba eStudio 550 $22,881.00 Ikon Office Solutions Richo Aficio 551 $23,019.00 Frontier Business Systems Konica 7155 $23,900.00 Office Tech, Inc. Xerox DCCS-50 Demo $25,373.00 Office Tech, Inc. Xerox DC460 $25,452.40 Office Tech, Inc. Xerox DC460ST Demo $26,039.80 Office Tech, Inc. Xerox DC470 Demo $26,477.40 Office Tech, Inc. Xerox DC460 $29,329.80 WHEREAS, High Speed Gear submitted the lowest bid for a cost of $22,881.00. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for the purchase of a black and white copier for the City Administration Building and a contract for maintenance and supplies for five years be awarded to High Speed Gear for a total of $22,881.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of July, 2002. ATTEST: JOHN J. WILLIAMS, MAYOR Carol L. Freas, City Clerk Approved by Finance' ~ (6/28/02) Z (J Z o (J Z ~ '"F--- > m 0 m CO CD I'-- ~-' 0 04 O~ ~--. ~-. 0 Z < 0 ~ ~ o3 >.. Z _5 5 F- 5 ~ < < ~ < o 0 0 0 0 0 0 I- 0 W ~ ~ 0 w o_ o_ = ~ < z 0 z 0 0 z c) o uJ I- · r~ I. IJ -r' 0 0 0 0 0 0 0 0 0 0 0 0 0 I~ 0 0 0 0 0 0 0 0 0 0 0 ~' !~. 0 0 0 0 0 0 0 0 0 O~ w-- v- O0 CO 0 0 0 0 0 0 0 ~0 W W Z LB W UJ W UJ Z _w z o o - ~ "n -i -i -1 - W -J n 0 0 n W W W uJ W n n ~ w n,' CZ: w n 0.. n n n w 0 ~ n,' n n n,' 0 0 0 0 0 ~ F- Z ~ 0 z LH Z -r' Z Z T T Z LU Z n co 0 o~ w ~ z -- LU z o_ o w n~ ~- 0 > ~ w w ~ ~ w ~' -- 0 7 Z m 0 LLI o~ w _j -- LU ~ O Z) w ~ ~ w ~ ~ n u_ ~ W -- ~- w 0 ~ ~ z z: w 0 z 0 0 z z U.I Z Z~ -- u_ 0 UJ UJ 0'~ 0'~ O~ ~ w w w ~ 0 z 0 I I- o ~u I:1:: , o o 0~ 0 U.I LO Z LO W Z LO W LO LW LW Z _~ - o o - - .... n < > > < 'J -J -J -J 'J - iD ~ ~ W W o~ iD iD iD iD iD ~ Z W ~ n 0 0 n W W W W W n ~ n ~ W n- m W n n n n n W ~ 0 ~ ~ n n r,' 0 0 0 0 0 m _Z r~ -- w Z F- ~ -1" Z Z -r T (D U.I Z LO F- Z -- LLI z _o o w n,' ~- 0 > ~ w w ~: co w ~ -- 0 Z Z m 0 w w --J < w ~ ~- w 0 0 ~ z T w Z © Z Z Z w uJ Z Z u.. o3 0 >- 0 Z ILl 0 -- n,' r--- _ g ~ 0 ~0 < r~ w - z :~ P- -~ Z 6 ~ Z W LU O) ~ ~ Z ~ w w LLi <E U,I co rn < 0 0 z ~ < '~ ~ z ,z r,, ..j . _j w 0 ~ w -- 0 ,< _j -- -- -- 0 ~ ~ ~ ~ z g ~' n > 0 0 0 0 0 -- - w ~ > o < < < n m ASSIGNMENT OF LEASE FOR SECURITY PURPOSES TIMOTHY J. MITCHELL and LINDA J. MITCHELL, husband and wife, whose address is 135 North Willow Street, Kenai, AK 99611, herein after referred to as ASSIGNOR, for good and valuable consideration, does hereby assign, a security interest in the Lease referred to below, to ROBERT J. JOHNSON, whose address is PO Box 2257, Kenai, AK 99611, herein after referred to as ASSIGNEE. covering the following described property to wit: Lot Five (5), Block Five (5), GENERAL AVIATION APRON, NO. 1, according to Plat No. 73-68, in the Kenai Recording District, Third Judicial District, State of Alaska. ASSIGNOR is the current Lessee under that certain Lease recorded May 23, 1967 in Book 27 at page 16 wherein City of Kenai is Lessor the Assignor is current Lessee by successive assignments. This Assignment of Lease for Security Purposes is given as additional security for the repayment of an indebtedness evidenced by that certain Note in the amount of $ dated June 20, 2002 and its Deed of Trust of even date covering the above said property, wherein the Assignor is Trustor, Southcentral Title Agency is Trustee and Assignee is Beneficiary recorded on under Serial No. . ASSIGNEE AND ASSIGNOR do herein agree to comply fully with ail the terms and provisions of said Lease and as it may be amended from time to time, if any. IN WITNESS WHEREOF, the assignor and Assignee has hereunto set their hands this ,20~ day of ASSIGNOR: ASSIGNEE TIMOTHY J. MITCHELL ROBERT J. JOHNSON LINDA J. MITCHELL "Consent to Assignment of Lease for Security Purposes" by the Lessor, City of Kenai, attached hereto and made a part hereof Page 1 of 3 Assignment for Security Purposes Mitchell / Johnson continued... STATE OF ALASKA Third Judicial District On this day, before me the undersigned Notary Public in and for said State, did personally appear TIMO_THY J. MITCHELL AND LINDA J. MITCHELL to me known/proved to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged they signed the same as thei.~..r.r free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20 Notary Public in and for the State of ALASKA My Commission Expires: STATE OF ALASKA Third Judicial District On this day, before me the undersigned Notary Public in and for said State, did personally appear ROBERT J. JOHNSON to me known/proved to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged h_~e signed the same as hi_..~s free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of ,20__....__ Notary Public in and for the State of ALASKA My Commission Expires: AFTER RECORDING RETURN TO: First National Bank of Anchorage 1751 Gambell Street Anchorage, AK 99501 Attn: Escrow Department Page 2 of 3 CONSENT TO ASSIGNMENT OF LEASE FOR. SECURITY PURPOSES The City of Kenai, Lessor in a Lease Agreement recorded May 23, 1967 in Book 27 at page !6 covering the following described property: Lot Five (5), Block Five (5), GENERAL AVIATION APRON, NO. 1, according to Plat No. 73-68, in the Kenai Recording District, Third Judicial District, State of Alaska. by and through its City Manager, hereby consents to the assignment of the right, title, and interest of the Lessee in the above referenced agreements, for security purposes, to ROBERT J. JOHNSON. whose address is PO Box 2257, Kenai, AK 99611. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Leases, and does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. Dated this day of ,20 City of Kenai By: Larry A. Semmens Acting City Manager STATE OF ALASKA THIRD JUDICIAL DISTRICT ) ) SS: ) THIS IS TO CERTIFY that on this day of ,20 , Larry A_, Semmens, Acting City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expires: TO' FROM' DATE: RE: CITY OF KENAI MEMORANDUM 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 Mayor and Council Members Carol L. Freas, City Clerk City of Kenai ~ // June 28, 2002 Appeal of Planning & Zoning Commission approval of PZO2-34--An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size} for the property described as Government Lot 178 (1515 Lawton Drive), Kenai, Alaska. Application submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. A letter of appeal was received on Thursday, June 27, 2002 in the above-referenced matter. A copy is attached for your information. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. Please set a Board of Adjustment hearing for the above-referenced matter. The hearing date limit falls on Saturday, July 27, 2002 and then by code, extends to Monday, July 29. The next regular council meeting falling within the 30-day period is July 17. Certified notices must go to property owners within 300 feet "...at least ten (10) days prior to the hearing." **There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. June 27, 2002 City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 ill RECEIVE 3 KENAI CiTY CLERK ,, ~ Bill B. Zubeck Hannele K. Zubeck 102 Highbush Lane Kenai, AK 99611 (907) 283-6535 ATTN' RE: Ms. Carol Freas, City Clerk An APPEAL to the Planning & Zoning Commission Decision Reached on June 26, 2002 Regarding Agenda Item 4b. PZ02-34 An Application for a Variance from the Development Requirements Table (Minimum Lot Size) for Gov't Lot 178, Kenai, Alaska Dear Ms. Freas' This letter is a written appeal to the decision of the Planning & Zoning Commission to approve PZ02-34, an application for a variance from the minimum lot size for the property described as Government Lot 178 (1515 Lawton Drive), Kenai, Alaska. The P&Z Commission approved the variance at the meeting held June 26, 2002. I make my appeal based on the following: 1. The property in question is zoned Rural Residential and exists in a Iow density housing area. One purpose for the minimum lot size of 20,000-SF is to maintain the Iow housing density in the area. By allowing the reduction of the lot size to 10,000-SF, the Commission is doubling the allowable housing density. 2. Two of the three proposed 10,000-SF lots are "corner" lots adjacent to street ROW's and therefore, will have a 25-ft building setback on the street sides. The other setbacks are 20-ft from the rear property line and 15-ft from the side lot line. These setbacks were not shown on the applicant's preliminary plat and will effectively reduce the buildable area on the lots from between 3,207-SF to 3,308-SF. This will further congest the future building(s), increase the apparent housing density, and make the lots less desirable for resale. 3. The Commission should require that an applicant present strong reasons in support of his/her request for a significant variance. I suggest that this variance is significant. The proposed lot size is half of the current minimum for the zoning in this area. The current Development Requirements are made to protect the public from poorly planned development. I fully support a minimum lot size of 20,000-SF. I think the City should encourage compliance with this minimum lot size rather than allow such variances. 4. The proposed lots will be more than 21.1% smaller than the smallest lot in' Parks Subdivision (12,680-SF) and the smallest of any lots within a considerable area. The smallest City "golf course" lot is 16,002-SF in Block 2 (the closer block), and 15,251-SF in Block 1. The proposed lot size should be consistent with the parcels in the neighborhood and preserve currently zoned density. I request that the P&Z Commission rescind its decision approving the subject variance (PZ02- 34) and recommend to Mr. Richard that he consider platting the lots in conformance with existing lot sizes in the area. Feel free to call me with any questions or clarifications regarding this appeal. Thank you for your consideration in this matter. Sincerely, , Hannele K. Zubeck Tuly 2002 MEET'ZNG CALENDAR ~~~~ ~T~:~' Library Commis- COUNCIL MEET- HOLIDAY/City · ~~~ ~'~ sion, 6p, lNG, 7p, Coun- Offices Closed . ?~._-~m~m ~ ~ ~ lihr=~ I : .~7~~~ ~ ~ cil Chambem Pa~s & Recm- ~~ ~ e~ at/on Commis- :~~ ~ ~ sion/Date .-..' ....;. :~rg? ~,~:~? ~" . ~.. ...... .... ?~':~ .... x?' .:... H~m~r?~b~mis- ~ Beautification Planning & po~ Commis- sion, 7p, Court- Corem/flee, 7p, Zoning Corem- sion, 7p, Coun- cil Chambem Council /ss/on, 7p, cji Chambem Chambem Council~~- Chambem 14 15 16 17 18 19 20 GOHNGIL INO, 7p, Goun- cil Chambem 21 22 23 24 25 26 '27 Planning & . Zoning Comm- ission, 7p, Council · Chambem 28 29 30 31 ...... '.?....::.: ..?... _....~.?~ ...... :)~, .'~-~:,.~-.-.~ .... ,..~. ..... ~.. -.: ..- . .,.~ :,-~.~....-:~ .... ~ ---~ .... . --.-~: ~.~ ~-.,~ ,/-~-~, ..,~... ............ ~<.~ ) ..... ~Z~ ~" '~, ~ ,-.~.~.~,_~...~'.,~ ~,~.... ~ ~' ....... '.... · : ~ ... ~, . -.:--.:.--.-.'.~L~'..::.~-~::~:;:~::~L~'.:~' '.'. ; ..... .u ~: ~.. ".ri June Ausust , S M T W T F S ' S M T W T F S I ..... i 2 3 2 3 4 9 10 11 l~ 13 ]4 IS .. 16 17 18 19 20 2l 2~ ... Il 1~ 13 14 IS 16 17 23 24 ~S 26 ~7 28 ~ 18 ]9 ~0 ~l ~ ~3 24 30 ~ 25 26 27 ......... ~ .... :.,...;,.-~.;~... Pdnted by Calendar Creator Plus on 11/30/2001 July 2, 2002 Bill B. Zubeck Hannele K. Zubeck- 102 Highbush Lane Kenai, AK 99611 (907) 283-6535 City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 ATTN: RE: Ms. Carol Freas, City Clerk Revoke the Previously Filed APPEAL to the Planning & Zoning Commission Decision Reached on June 26, 2002 Regarding Agenda Item 4b. PZ02-34 An Application for a Variance from the Development Requirements Table (Minimum Lot Size) for Gov't Lot 178, Kenai, Alaska Dear Ms. Freas: This letter is a request to revoke the appeal that we filed with the City of Kenai on June 27, 2002 regarding the decision on PZ02-34. Mr. Richard has agreed to re-plat the lots to approx. 15,000-SF size if l revoke the subject appeal. Feel free to call me with any questions or clarifications regarding this request. Thank you. Sincerely, June 1, 2002 KENAI CENTRAL HIGH SCHOO.L 9583 Kenai Spur Hwy. - Kenai, Alaska 99611 (907) 283-7524 FAX (907) 283-3230 ;' J[tV 28 - Berry Swenson Principal Hank Overturf Assistant Principal Tim Delaney Athletic Director Liana Bigham Activity Director City of Kenai Kenai, AK 99611 RE' Program Ad My name is Jim Beeson and I am the head football and girls basketball coach at Kenai Central High School in Kenai, Alaska. I am writing you this letter in hopes that you will help support these two programs at Kenai Central by purchasing an ad in the 2002/2003 KCHS Football and Basketball Program. The ad size and price breakdown is given below. ONE SPORT BOTH SPORTS 118 PAGE AD $40.00 $60.00 (Business Card) 114 PAGE AD $75.00 $110.00 112 PAGE AD $140.00 $200.00 FULL PAGE AD $225.00 $325.00 The programs are printed on 8.5 by .11 inch paper and are on the average 16 to 20 pages long. They include pictures of all the teams and individual pictures of all of the varsity players. A total of 600 programs will be printed up for football and another 600 for basketball. All programs are given away free at home games.. If you do buy an ad in the program, your business name will also appear as a sponsor on 100 football and basketball poster schedules that will be printed and distributed throughout the community. Last year the city purchased a half page ad for both sports. All of the proceeds from the ad sales go directly to the kids. The money will be used to help purchase new uniforms, practice gear, and other needed equipment. Thank you for your consideration in this matter. Any help that you could give would be greatly appreciated. Sincerely Jim Beeson HOME OF THE KARDINALS 2002/2003 KENA! KARDINAL FOOTBALL & BASKETBALL PROGRAM AD PRICES 1/8 PAGE AD (Business Card) ONE SPORT $40.00 BOTH SPORTS $60.00 1/4 PAGE AD $75.00 $110.00 1/2 PAGE AD $140.00 $200.00 ,, FULL PAGE AD $225.00 $325.00 *600 Football & 600 Basketball Programs will be Printed as well as a Calendar Poster L~l~n ~--~~so~ - oa~~-5357 CITY OF KENAI 210 Fidalgo Ave., Suite#200 Kenai, Alaska 99611 Office: (907) 283-7535 Fax: (907) 283'3014 Go.o Ke ai Karai als INFORMATION ITEMS KENAI CITY COUNCIL MEETING JULY 3, 2002 , . . . 6 / 24/02 City of Kenai Dock Rate Schedule. 6 / 25 / 02 CRG memorandum regarding Municipal Bail Schedule. 6 / 27 / 02 Public Works Department, Project Status Report. 6/26/02 memorandum from State of Alaska/Jennifer Nolan Wing, Project Review Coordinator regarding Kenai River Erosion Control/Coastal Trail Project Update. CiTY OF KENAI - DOCK RATE SCHEDULE --~ Linda-'L. S~, City Manager June 24, 2002 KENAI HARBOR RATE SCHEDULE The City Manager shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. There is a 5% sales tax added to the total invoice (3% City and 2% Borough). RATE SCHEDULE SUMMARY 1. Product wharfage (w/crane; w/o forklift) $ 0.07/lb Non-product wharfage (ice, nets, staples, etc.) 0.04/lb. ! Purchases Purchases t Purchases Under 500 500 gal. I 2000 gal. Gallons or more or more 2. Fuel Gasoline Regular 1.600 1.550 State Marine Tax .050 .050 Federal Tax .184 .184 Total S/gal, 1,83 1,78 Diesel #2 1.26 1.21 1.16 State Marine Tax .05 .05 .05 Total S/gal, 1,31 1.26 1.21 , *NOTE: discounts for volume purchases are for one vessel at a time. 3. Used Oil Dumping $1.00/gal. 4. Boat Launch Ramp 0'10 min. - $10.00 Includes Parking with Trailer Each min. over 10 min. - $1.00/min. Seasonal pass per boat - $100/season 5. Parking Only (If with trailer, must pay launch fee) $5.00/day Seasonal Pass for Parking $50.00/Season 6. Tie Up Fee A. Skiffs tied to land side of concrete dock $5.00/day Seasonal Pass per boat $ lO0/season B. Boats tied to buoy in river $7.00/day 7. Forkliftw/Operator (1/2-hr. minimum) $50.O0/hr. 8. City Labor Charges for call out (2-hr. min.) $40.00/hr. I 9. Other Items See Dock Manager Prior to Use 1 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 MEMORANDUM TO: FROM: DATE: ' RE: Linda L. Snow, City Manager"'. t Cary R. Graves, City AttorneyCJLb June 25, 2002 Municipal Bail Schedule Attached is a new City of Kenai Municipal Supplemental Bail Schedule for certain minor offenses. It supplements the State of Alaska's bail schedule for those traffic offenses we have incorporated by reference into our city code. The change at this time is the addition of "camping on private property" (#11), which was requested by the Kenai Police Department. If acceptable to you, please adopt the change pursuant to KMC 7.15.100 CRG/sp Attachment CITY OF KENAI SUPPLEMENTAL BAIL SCHEDULE RULE/OFFENSE ORDINANCE BAIL 1 Animals: a. Interference with peace or KMC 13.10.010 $50.00 privacy /first offense) b. Control and confinement of KMC 3.10.020 animals (first offense) (a), (b), (d), (e) $50.00 2 Helmets KMC 13.40.050 $50.00 3 Off-road vehicle operation KMC 13.40.020 (a), (b), (c), (d) $100.00 (e) and (f) $100.00 4 Off-road speed limits KMC 13.40.040 $75.00 5 Operating vehicle in a prohibited area KMC 13.30.080 $100.00 7 Overnight camping KMC 18.35.010 $50.00 8 Parking prohibited on Kenai Ave KMC 13.30.095 $50.00 9 Paid parking KMC 13.30.035 $50.00 10 Special stops required KMC 13.40.030 $50.00 'i 1 Camping on private property KMC 13.10.060 $50.00 Revised 6/25/2002 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/ CityCentact Project Name S1~ A KK 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 has completed this project. Waiting on final pay estimate and record drawings from McLane. A JL/RS City Hall HVAC Reviewing HVAC engineering draft. A MK Comprehensive Plan A JL Contaminated Soils - Shop Work session scheduled 8/14/02. 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 10/15/02. 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. A KK Gill Street Water Main Crossing Spur DOT had made this part of the Spur 10.6 - 22. City to reimburse DOT. Peninsula Construction has completed this project. DEC has approved the record drawings. Thursday, J'une 27, 2002 Page 1 of 3 A/NC/F/ A JL City Contact Preject Nam Kenai AP ARFF/SRE Facility Status 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. Corps is working on scope of work. 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 Pillars LID - Chinook Drive and Sockeye Circle Engineering contract has been awarded to Wince- CorthelI-Bryson 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 70% completion. A KK WH 4 Kraxberger ddlled an exploratory well at new site. Coble took water samples, which showed our problems are with secondary contaminants. Thursday, June 27, 2002 Page 2 of 3 A/NC/F/ STIP STIP KK City Contact 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 DOT- Kenai Spur Unity Trail Pathway 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. STIP KK DOT- Spur 10.6 - 22.0 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. Thursday, June 27, 2002 Page 3 of 3' MEMORANDUM STATE OF ALASKA Office of the Governor Division of Governmental Coordination TO: FROM: Dan Bevington, KPB Glenda Landua, ADF&G, KRC Suzanne Fisler, ADNR Parks, KRC John Czamezki, KPB, KRC John Mohorcich, KPB, KRC Tim Stevens, ADEC Vicki Davis, USFWS Maureen Dezeeuw, USFWS Phil North, USEPA Jeanne Hanson, NMFS Je~ml_ ~f NO~~,Wing P~.e~v Coordinator DATE' June 26, 2002 TELEPHONE' FAX' E-MAIL: RECEIVED JUN 2 2L,02..' CITY OF KENAI -- ADMINISTRATION 907-269-7475 907-269-3981 j enni fer_wing~gov.state.ak, us SUBJECT: Kenai River Erosion Control/Coastal Trail Project Update to Agency Meeting of February 12, 2002 Attached is a letter fi'om Linda Snow, Kenai City Manger, presenting information on the Kenai River Erosion Control/Coastal Trail project. Attached to the letter is correspondence fi'om PN&D outlining the additional studies they understood are needed as well as a report of the information PN&D had available addressing the issues agency personnel raised. ~ addition, the letter states that the Corps of Engineers (COE) will be handling the technical study phase of this prOJect. The COE is currently putting together specifications for the project, though Guy McConnell's Environmental Resource Group will handle coordination of the environmental issues. The COE will be doing a feasibility study for this project and looking at the various alternatives that exist to address the bluff erosion issue. The intent at the end of the feasibility study is to present a package with an alternative to the City of Kenai. Currently Pat Fitzgerald, with the COE's Plan Formulation section is working on the project. Pat can be reached at (907) 753-5638. A biologist has yet to be assigned from the COE's Environmental Resources section, currently questions should be addressed to Guy McConnell. Guy can be reached at (907) 753-2614. The City of Kenai has provided the COE with information gathered to date, as well as a summary of agency concerns as they understand them. Pat has indicated that the COE hopes to regroup with the City and interested agency personnel later this summer (around August timeframe) once they have selected subcontractors to work on the project. Attachment [O00Z:/~Z;/SP~S.~^;~I ~oP'~U!U!u,u~d Vcl3N ~[f'lJ.~lVl$] ~KOD 'II°UU°DOlA[ Xno C1T - OFKENAI April 15, 2002 Jenmfer Nolan Wing, Project Review Coordinator Office of Management and Budget Division of Governmental Coordination 550 West 7a' Avenue, Suite 1660 Anchorage, AK 99501 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-77!M TELEPHONE-907-283-7535 FAX 907-283-3014 ~ . RE' Kenai Coastal Trail & Erosion Control Project Dear Ms. Wing- As we discussed earlier today, I am enclosing correspondence dated April 8, 2002 from Peratrovich, Nottingham & Drage, Inc. (PN&D) about the project referenced above. At the conclusion of our joint meeting with agency personnel on February 12, 2002, it was agreed that the City would present written responses to agency permitting concerns. Hopefully, the enclosed correspondence from PN&D completes this necessary step towards narrowing the focus of agency concems for the purpose of additional study. I understood from our discussion that you would copy each of the commenting agencies with the enclosed correspondence and receive any feedback they may have. Secondly, as we also discussed, the Corps of Engineers will be handling the technical study phase of this project. I have talked with Corps representatives who have informed me that the Federal appropriation in the amount of $500,000 wound up in their budget, rather than as a direct appropriation to the City of Kenai. We have confirmed this information with Senator Ted Stevens' aid. Ms. Lisa Sutherland. and we have met with two Corps representatives who indicated a willingness to coordinate with the City and to make every effort to work with PN&D throughout this process. I have provided you with their names and contact telephone numbers of the Corps representatives and have encouraged you to talk with them directly. I appreciated your suggestion that we might schedule another meeting with agency personnel in conjunction with the Corps' development of the RFP for the technical study. [ believe that we can all continue working closely through the Environmental Assessment phase of the technical study and beyond to the actual project permitting. Thank you for your assistance. Sincerely, Linda L. Snow City Manager Enclosure 1506 West 36th Avenue Fax (907) 563-4220 Anchorage,/~s~9503 (907) 561-1011 April 8 2002 ]'~1 ~ J 990?2.03 Linda L. Snow City Manager 210 Fidalgo Avenue, Suite 200 Kenai, Alaska 99611-7794 Fax' 907-283-3014 Subject: Kenai Coastal Trail- Response to Agency Permitting Concerns R EC F__.i\"'E ? APR CITY OF KENAI , ADMIN~STRATI.ON Dear Ms. Snow: PN&D is providing the attached information in response to requests for additional information from ADF&G, USEPA, etc. of the proposed City of Kenai Coastal Trail/Erosion Control Project. Rather than provide individual responses to each reviewing agency, we have grouped similar comments from the various reviewers together and prepared this consolidated response. The item numbering follows our earlier letter of November 14, 2001. We have relied upon available information and studies to respond to agency comments. The attached responses fully address some of the agency comments. Where the attached information does not meet the needs of the reviewing agencies, additional studies will have to be done. These studies fall into the following areas: t. Project Altematives la. prepare evaluations of project altematives, including combinations of the tbllowing: - purchase bluff properties, remove threatened structures - landuse/zomng/construction regulation to control bluff-top development -altemative trail locations (top or bottom of bluff, no trail) -altemative trail geometries (paved, footpath, meandering trail, ADA accessible) - erosion control methods lb. economic evaluation of project alternatives 1 c. evaluation of effects on recreational and commercial use River Mouth Physical Processes 2a. sediment transport (address criticisms of the UAA study) 2b. fiver hydraulic analyses - analysis of hydraulic conditions with and without project, including during fiver flood conditions - analysis of long-term successional changes to the river channel - analysis of scour potential s~,uellnsuoo... ... .. ;aul.~eeul. au'j ~~ 'OUl 'alie~G ~ tueq~lu!;ION.'qo!Ro~,e~ed ~oau~u?t Io.u~S '?I'd 'IloqdttmD tt.q.f 'DNI '~trDv'dG ~ ~DI~I./.O~ HDIAO~~ · poqomle s.t saollOl luotmnoo oql jo ls.q ooua~a:laJ e ptre slu~uauoo io stuoouoo ,sioa~o.~aoi oql ~ut. iels s~onb looi.tp §u~.p!^o,~d._.'Su.ns.q pol.relop V seo~ 1el!qeq ptre 'oj!lPl!a~ ptm qstj uo sloajjo ;[oj soa.tzetnolle loo.foJd ssoss-~ 'q£ seo~ ptre soclX~ ~e~t. qeq ptm 'o~.[s ottl jo osn so!oods O$!lPI!a~ 2~ qstj jo ,(o~ns ZOOZ '6 [.ud¥ ,~xous ~pu.tq PRELIMINARY RESPONSE TO COMMENT~ .... KENAI COASTAL TRAIL AND EROSION CONTROL PROJEC'~o~.:~ar~o,~ 1. ESTABLISH CAUSE OF BLUFF EROSION "'There is some question as to the cause of erosion in the lowest mile of the River... A 1982 .report commissioned by the City states that 'the major cause of erosion of the slope arises from the large volume of water draining through the upper 35 feet of material' (TAMS Engineers, 1982). It would also appear...that the thalweg of the River is moving to the-. north.., suggesting that the River is meandering north, eroding that bank... The cause of slope failure along the bluff may be a combination of these influences..." (USEPA 2001 a) RESPONSE: Groundwater and surface water runoff may cause erosion-of the high bluffs along the proposed project area, as suggested by TAMS Engineers. However, it is erosion of material from the base of the bluff from waves and currents that perpetuates the bluff's retreaa "Wave- and tide-induced currents, superimposed on steady seaward river, currents, carry material deposited at the toe of the bluffs away downstream" (Smith et aL, 2001). The University of Alaska Anchorage is continuing to study the Kenai River, particularly the sediment budget and associated coastal processes at the river mouth. Dr. Orson Smith is the principal investigator in these studies, which include field measurements at the river mouth to quantify suspended and bed sediment transport for correlation with long-term stream gauge measurements upstream; numerical simulations of tidal currents in the lower river to be calibrated with historical tides at NikisM and verified by field measurements; modeling of wave-induced sediment transport at the river mouth based on wind measurements at the site and correlated to historical wind records at the Kenai Airport: and observations of winter ice conditions and sampling and testing of shore-fast ice and bank sediments below for prevailing characteristics. These analyses may reveal trends in sediment budget that a~fect shoreline erosion and formation of bars and shoals, and define a baseline condition for assessment of potential impacts from developments along the lower Kenai River. 2. CONSIDER ALTERNATI~S "Please provide an evaluation of alternatives including an analysis of costs/benefits and impacts to fish and wildlife resources." (ADF&G 2001) 2a. Purchase bluff properties, remove structures, and curtail further development "Evaluation of alternatives should include, but are not limited to consideration of: 1) purchasing properties or bluff easements and removing existing structures and curtailing further development to reduce need for stabilization..." (ADF&G 2001) "Alternatively it may be less expensive for the City to simply purchase threatened property, moving people out of harms way and avoiding tideland fill. We suggest that the applicant consider these alternatives" (USEPA 2001 a) PeratroXach. Nottingham & Drage, Inc April 8, 2002 ~ u! ~u!od s?~fl ~a pa. wda. td uaaq ~ou a,tml aap~u, ta~l~ pasodo.~d ~fl uz~ .tattoo saa.mm, za~l~ mafo~d lZ¥~ua~od fo uo.~nnlmta 3!utouooa puz~ gu.~aau.~ua pun suo!td, uasap palPr~(I .taa.u pano~du~. .tof puo 'ffnlq aqt fo dot attt lo sasso! tfuado, td az?re!re, ut ot osto ffntq a~t fo a~ ~qt t~ l!~ aqt ~l~m ~so~t ot u~op pamo~u a~am u~t~aol 1!~ a~t ~of san~t~u~azlY ffnlq a~t fo dot a~l tn saa~nJm gugs~ pun ~ado~d matoJd ot a~!s~p s,~o a~t uo pas~q uo~so~a ffnlq ~qt gu~ddots ot u~op pamoJJnu aJa~ uo~soJa ffnlq aqt ql!~ gU!lnaP ~of san~muJatlV 'mafo~d pasodo~d a~l ~of u~sap ~nu~m~la~d a~l gu~np pa~aptsuo~ snm sangnu~atln ~sa~l fo ~on~ 'ffnlq aqt fo asvq ayt .to dot aql lt~ .taql!a patt~aOl l!~t a~ ~l~m s~ag~u~atl~ mu~ pap~a~p aq ~m l!~t a~ ~of saa~U~tlV '~D a~l zof l!O~ lOUOpOa~a~ ~ aplao~d m s! ~afo~d pasodozd ffnlq a~t fo dot a~t to tuamdolaoP ~a~nf Ho~n~ puo sa~n~n~ pauatoa~ ot uo~so~ ~ ~Oll~ (~) ~o 'uo~soza ffnlq ~t dots (D :uo~soza ffnlq sanp~u~otl~ fo sa!~ogat~ o~ o~ o~aqt 'on~u~otl~ ,,~u!qlou op,, ~qt u~q~ ~oq~0 :~gNOdg~ ([OOE S~ ,,'s;nbt. utloOl ~,uu;ou~uoo!q ;,ejo~oom ol s~ qons 's~tu~q ~u.q.m.t ;ql f, ut.z!l!qels pure [.m.tl e §u!p!no~d o~ s;^.~letnmle ;.~oldx;"',, §u!aaau!~uao!q ~Sfl 'P~ ([00~ xoqx~£) ,,'so.~moruls ol uo!soao jjnlqgo leoaql lnoql.tnx sauo,( O0 [ ol 0~; uo.tl~unj Ol Al.rD ,~ ~olI~ PIno~ l~ql (s>l~q las lo! ',ldum×~ .~oj) uo.tl~Irt~.t uo.u,mlsuo, ptm i~umoz m >Ioo! plno~ ~l.tD ,ql *Iq~I!~n~ ,mo**q JJnlq ,ti1 too.II >l,~q .t*ql.mJ sptml s¥,, · luamdolaAap tlnlq l!m!l ol SlOJlUO:~ ash pu~l luamaldml '~Z (IO0Z xoqxe£) ,,'JJnlq oql jo dol oql i~uoI~ I!~.u l~lS~OOflloquao~ ~ uuo. l ptm JJnlq at!) ~uol~ ,(uado~d oql os~qo:md plnoo spurts [~.topoj ql!nt .t~ua~ jo ,;-~.~D oq£,, (e t OOZ YdHSUI) ,,'II~ ptrelop!l jo soio~ $ol dn o~u!tut, la plnoa ma.fo:rd st. ql jo uo!l~rt.tlsuo, .toj pas~q,.md sptml uo JJnIq aql jo dol aql 1~ I!~I1 aql jo (IOOE D:Y_4CI¥) ,,'adols aql jo ao! aql 1~ a.mlgrUls IOllUO9 uotso.ta otll.lo .ta^.u attl olut. uo.tsrmu! ptm oz!s oql oz!mt.u!tu ol JJnIq oql jo dol oql ~luo[~ l!~.tl oql ~u!o~Id (~; ptm"',, JJnlq jo dol liuol~ !!~al a:~Id 'qz 3. CONDUCT ECOSYSTEM ANALYSIS / BASELINE SURVEYS "...please provide.., a complete ecosystem analysis of the structure and function of the estuary including an inventory of fish and wildlife species use by season (including winter), age class, depth and tide cycle." (ADF&G) "a baseline survey of current bird and fish use of the...site of the proposed project...to better understand the extent of habitat loss which would occur..." (USEPA 200la) "...we request.., quantitative analysis of fish surveys..." (KPB) RESPONSE: No such studies have been performed for the proposed project at this point. 4. CONDUCT ADDITIONAL SEDIMENT TRANSPORT ANALYSIS 4a. Assess effects on Kenai Dunes and sandbars "...potential for changes in the existing sand dunes that provide erosion protection for the wetlands through which this stream meanders." (ADF&G 2000) "Sediment Dynamics Related to Dune Nourishment... concern that the dunes on the north side of the fiver will be starved of sand... Loss of these dunes will expose the bluff behind them to direct wave action at high tide" (USEPA 2001 a) "...the sediment transport pattems at the mouth of the fiver will be altered significantly. This may impact downstream sand dune and sand bar areas..." (Tarbox 2001) RESPONSE: Effects on the Kenai Dunes and sandbars were assessed through a study performed by UAA (Smith et aL, 20OD. That study concluded that the Kenai Dunes beach was sustained by wave-induced accretion and sand replenishment from prevailing onshore winds, and that these were sufficient to balance erosion by river currents, winds or other forces. The study found that the east-west orientation of the Kenai Dunes beach results in longshore transport being directed eastward (upstream) in this area, rather than northward as occurs along the generally north-south oriented coast of Cook Inlet both north and south of the mouth of the Kenai River. The UAA study examined the sediment budget at the river mouth and presented the following sediment transport estimates: (1) river bed load (sand) = 363,000 tons per year, (2) bluff erosion along the proposed project = 51,000 tons per year, and (3) coastal wave-induced longshore transport directed northward = 68,000 tons per year. Thus, estimated sediment transport into the river mouth area totals about 482,000 tons per year (363,000 + 51,000 + 68,000), while longshore sediment transport northward out of the river mouth area is only about 68,000 tons per year. The study noted that surplus sediment entering into the river mouth area is the source of the wide accumulation of sand on the tidelands just north of the river mouth. Based on the sediment transport estimates from the UAA study, the surplus is roughly 414.000 tons per year (482.000- 68.000). If the bluff erosion were stopped, the surplus Peratrovich. Nottingham & Drage, Inc 3 April 8, 2002 Eooi~ '8 l.ud¥ t7 :Ul -oz~ua([ ,3' tueq~UmON 'qo.tnoxtmad ~$~qt u! .tot~.Us~m. l~d!~u.ud ~qt s! qt!ut$ uog. t0 'a(l ',0!,9 aq~ .tof ~uop a~ms pu~ ~,~pnq lu~ut!p~$ aql £l. tnln~!und '.t~!~[ !Bu~J[ ~ £pm$ ot ,gu!nu!tuo~ s! VVFI /Ou!au~un ~utos s! ~¥t ft. u~a~ pu~ 'p~ddots s! um. stu~ ffnlq ~ltt ft. u~,t~ s~unp q~t~q ~qt u.mtsns ot t~.n~ qmout .t~n.u ~tft otto. snld. ms tu~u~. ~s ~8.n~! t~ ~q ot ~nu.nuo~ llt. m ~.t~¥t '~aoq~ p~z?.nmtums si; .~!s~f~ut~ ~Spnq lu~un.l~S VI'II ~qt fo sum.~.m..t~ a~~ds ssa. tpp~ ot ~ut.u spit tt~ p~t~iduto~ uaaq ~ou s~¥ ,fpn~ ltmo.m, ppv :~$NOd$~ · :fpms WI] att~ ut. patvutgsa sama ~todsut~.u juauqpas aq~ Ru!p.n~Saa ,Ou!t~aaun amos st. a~aq/f.t uana put~ 'psddots st. uo!so, ta ffnlq atp ft. uana saunp qat~aq aqt u!tnsns ot t~a.n~ qmout aan!a aqt otu! snld. ms luauqpas ag. ml ~ aq ot anu!luoa 11!,~ a~aqt 'sntt~ '(000'I£ -O00'g9- O00TglO .tt~a,f .tad sum 000'£9f aq ll!ls Plnom 4c. Conduct site-specific sediment transport sampling and analysis "...we request.., site specific quantitative sediment transport sampling and analysis..." (KPB 2001) RESPONSE: See responses to (4a) and (4b), above. 5. CONDUCT RIVER HYDRAULIC ANALYSIS 5a. Conduct scour analysis "<The thalweg> elevation must be thoroughly analyzed and documented to avoid the potential for catastrophic failure of the project. The depth of scour, estimated to be-5 feet for this project, is also questionable and warrants more detailed analysis to establish a scour depth at which this project should be designed to protect against." (ADF&G 2000) "...please provide... Information on the design life of the project and potential impacts to the river if the channel undercuts and destabilizes the toe of the rock fill." (ADF&G 200~) "We are also concerned about how the channel would react during flood stages, and we fear that it may be more erosive with the riprapped bank than under current conditions." (USFWS 2001) 5b. Assess effect of hydraulic changes on sediment transport "...potential to cause hydraulic changes in the Kenai River that could change the natural bed load transport conditions and deposition rates in the lower river." (ADF&G 2000) 5c. Assess effect of hydraulic changes on adjacent areas "We are concerned that changes to the existing hydraulic conditions, no matter how large or small, may resuit in the potential £or alteration of the bank conditions above or below the mouth of the Kcnai River. Such changes could necessitate further bank erosion protection and increased costs attributable to this project." (ADF&G 2000) "We question if this project will alter the current erosion and deposition rates of long shore currents in Cook Inlet near the mouth of the Kenai River." (ADF&G 2000) "We are concerned that the proposed design of the armored deflection dike located at the upstream end of No-Name Creek may create a current gyre. This could result in increased erosive forces attacking the bank further up the beach dune area towards the existing beach access road and dip-net fishing tum-around area." (ADF&G 2000) "Additional uncertainty that needs to be addressed includes the effect of hardening the outside bend of the fiver on the inside bend and on areas upstream and downstream of the project site.., documentation should be provided..." (USEPA 200la) Peratrovich. Nottingham & Drage, Inc 5 April 8, 2002 ~00~ 's [.ua¥ 9 ~ ',z~I 'q meuiiumoN 'q,~o.rmmd la&al .taw~ o~ uaqAt .um. lo!~suoo o.taz ~soutlv s! a.taql la~ta! ap~ unaut aql ~olalir '.ran.u aq% u! uo!to!.asuoa alq!l~!ll~au n sawaaa l!n.u pasodoad aql Wq~ ~oqs qtnom .taa!.t aq; In sum.$oas-s~o.o ( 100~ {td~) ,,"'sm.~!OOl°n o~oqs :mau ~oofo:tdqsod pmoo!b~d jo suo.nelnOl~O lsonb,J SO.Il.lDO[aA oJoqs Jgou lao.foJdq$od alslnal~D 'q~j (I00i5 D~:ICIV),,'ap!l tl'a.~ mnmtrem u ql.t~ poldnoo ltmAO poolJ mo,(-00l g :gu.unp uo.tlourtj loo.fo~d jo st.s,ilmm tm op!Ao.td osco!ti,, aPB q:3!q (100i5 SRLqSfl) ,,---qs.mm l~p!l jo sa.m~ jo ~aqmnu u jo ssoI ptre uo.tso~o atll u! ~lnsa~ ,(I~>I!I plno~ 1.t 'mooo s!ql plnoqs ':gmq al!soddo aql p~e~o~ ptre ttrem~su~op lUOJ. IrlO iOA.LI al. Il JO uo!~ooa!p ptm Xlt~aua oql I::)oLIop Xem >lu~q oql fiu!uap~H,, (eI00g: VdHSfl) ,,'sptrellO~ <slelzI ~aa~ mua)i aql> apm~op plnoo ~aofoad posodoad oql Xq posneo stum~a ,~oL~ ut sa~tmqD,, (000i5 9*g~4CIV),,suon!Puoo [lejlno ~oa~as ptm re.ts lu~ld luam~ea~ o~e~as ~u~ls~xa aql loajj~ plnoo sa~qo ~soq~,, suoffipuoo lle~no pus meld luamleaJl a~e~as uo ~alja ssassv 'p~ (u I00i5 VdHSFI) ,,'l.t ol luaoe.fpe salttmqo Iouueqo ptm ',amorms oql jo umoalsumop ptm ttmonsdn uo.tsoaa poonpu! aoj [e!lUolod oql §utssossm uo s!s~tldma :~Ino!l.md ql!~ omlomls oql jo slo~dm.t ottl jo s!sXI~tm o~olo~pXq ~,, (e 100E Vd:El:SO_) ,sm. mq u.t ,(lluaJano lou oa~ l~ql o~atI1 so~tloruls :gu.uagtrepuo ptre 'JJnlq oql jo uo!uod ~attlotm o~ mal. qo.td uo.~so.to oql §m. lJ!qs jo oouanbasuoo popuolumn oql u.~ ~lnsa~ X~m"',, is at the high tide line the total reduction in the river flow area is less than 2 percent (see Figure 1). Because the proposed trail fill in the river mouth is so small compared to the available flow area, the proposed project will not significantly affect ~ow patterns in the river mouth. Additional hydraulic study, other than that required to evaluate wave energy as related to the design of trail armoring, has not been performed at this time for the project. 6. CONDUCT ECONOMIC EVALUATION "Please provide an evaluation of alternatives including an analysis of costs/benefits..." (ADF&G 200~) "...this project does not appear to be economically sound." (Tarbox 2001) RESPONSE: See response to (2), above. 7. ASSESS EFFECTS ON HABITAT AND BIOTA "Additional analysis of the biological resources using the project area is also needed to ensure the biological productivity of the estuarine habitat is not adversely affected by the proposed project through physical and chemical alteration of the existing habitat." (ADF&G 2000) 7a. Assess effects on physical and chemical productivity, of river mouth "...potential for this project to' cause adverse effects to fisheries resources which utilize the mouth and lower reaches (tidally influenced areas) of the Kenai River." (ADF&G 2000) "...please provide.., an evaluation of how the physical and chemical productivity of the fiver mouth (number and type of organisms, use and value of the area) will change through time as the natural erosive process that is slowly causing the river mouth to become wider, shallower and more productive is altered." (ADF&G 2001 ) "Our concerns regarding this project involve the likely effects on fish and wildlife habitat, and changes to hydrologic and sediment movement patterns that will adversely affect the. functioning of the Kenai River esmarine ecosystem... Erosion, transport and deposition of sediment in the river and the mouth renew terrestrial and aquatic habitat in the project area. The variety of shallow and deep areas, wetlands and the seaside dune system provide the physical habitat that supports this complex ecosystem... The proposed project should be analyzed for effects on the estuary and its biota." (USEPA 2001 a) "...the following information should be provided.., analysis of the impact of physical changes to biota of this system." (USEPA 2001a) "We are concerned that armoring 1.2 miles of the lower Kenai River would substantially alter the structure and function~ of this estuarine habitat area and may impact populations of fish and wildlife that are critically dependent upon the fiver and the Kenai Flats..." (USFWS 2001) Peratrovich. Nottingham & Drage, Inc 7 April 8, 2002 coo~ '~ tuav ~ ~ul 'oz~e ~.wI ~ tuuqfiu.moN 'qo~oxtua~d · ~noqv '(~) o1 ~suods~a aa~' :5tShlOd$;~t~ (IOOE xoqxe.L) ,,',oanosoa s.n41 uo luopuodop oau saosn oou~lst, sqns pm suom, d.t, qstj ,sn l~uos.t,d 'uo.tl.tpp~ uI -Xmouoo, [~ao! *ql Ol ltml.~odm.t X|attmJ.lx, o~ mtB s,ss,u!snq .mlloP uo!lI.tm-!!Inm o.m s,msnpu! ~u!qst. j I~.ma~uaaoa ptm ~sunol ,qr",, (IO0~ D~':[CFV) ,,"'sloojj~ on.ne~ou ptm OA!l.tsod ie.nuolod oqljo ~m. putrls.mpun ~o.mOlO e ~Aeq 0aX l~ql [~t. lU0SS~ S.t 1.t 'S0.u~qsLJ .tOn.t~[ !~UO~ 0ql JO ootml.todmt, oql t~n!r'D,, (000t: DW&(IV) ,,'prim m. ao SlOA01 op.tl Uml.t00 :~u.unp A,toqsL; lou-dt.p ~ut. ls!xo oql ol ssooo~ tmttuoqstj oUt. loaoqs oonpa.t plnoa .-'t~oa:2) oureN'-ON Jo qlnotu oql jo sop.ts qloq uo Allo.f poo~j ~Iooa o~xel e jo UO!lOrulsuoo ~ql 'OSl¥,, ~{Sfl qVIDH~IIAIIAIOD ONV qVNOI,L¥~J'i:ID~ NO SJaD~IAATI SS~ISSW 'g (SAkASf'D ,,'s~.m oql ut. pouoddns aq plnoo mql qstj au.t.mmsa ptm sol!uaAn.fjo iaqumu attl ut uo.uanpo.t ~ Xlluanbasuoa pu~ A!ddns pooj u! uo.uanpa.~ ~ o~ p~a! p[no~'"de.tdu ·qs§ au!a~nlsa pus sa!!uaAn.f Jot ~ilddns pool uo slaajja ssassv 'aL (IOOE DW:I~) ,,':lotus uotul~s ~u!m~.tunno ptm ~u~.;utu.tloou ~o~jju II.tnt stua;l~d Uo.tl, p,.M ptm 'Xl.t,ol,n 'qld, p .~,1~ u! s,~tmq~ ~oq jo s!s~l~tm ~tj!**ds ~ '--,p!Ao.~d oseold"'.. 'lloms uomles ,~u!leJl]!tm, no pue gu!},em!laae uo Slaalja ssassv 9. CONSIDER MITIGATION "...no mitigation for potential negative effects to fish and wildlife habitat and wetland hydrological functions have been proposed." (USFWS 2001) "We...feel that the proposed mitigation is inadequate for a project of this size." (NMFS 2001) RESPONSE: Initi~ design for the proposed project has focused on minimizing the environmental impact of the projeca This has been achieved primarily by locating the proposed trail as high as possible on the beach - tight against the base of the bluffs and well above the low tide line- while still protecting the base of the bluffs from ongoing erosion. In response to consultation with reviewing agencies, the proposed trail was realigned at its north end so that the volume and area of fill below the high tide line would be significantl~ less than an earlier proposed trail alignment. Recreational benefits were atso considered during init~ design, to enhance river-access and meet ADA accessibility guidelines.. No mitigation has been proposed at this point in the project developmena 10. PREPARE ENVIRONMENTAL DOCUMENT "In order to address the secondary and' cumulative effects that this proposed project may produce, an environmental impact or assessment document will need to be prepared for the project." (ADF&G 2000) "We believe that an Environmental Impact Statement is warranted for this project." (USEPA 200la) RESPONSE: An environmental assessment document has not been prepared at this point in the project development. 11. ADDRESS STORM WATER CONCERNS 11 a. Identify any wood preservatives to be used "Trade namel's) and Material Safety Data Sheet(s) for the wood preservative(s) being used on this project." (ADEC 2001) RESPONSE: Any treated wood used on the proposed project, including the timber decking on the proposed pedestrian bridge, will be pressure treated with A CZA. 11 b. Direct storm water discharges to bioswale ~'A determination whether the storm water collected from the top of the bluff will discharge to the bioswale located between the multiple use trail and the bluff or directly to the Kenai River... The NPS program is requesting the surface of the coastal trail including paved and non-paved areas be designed to direct surface runoff towards the bioswale and away from the Kenai River." (ADEC 2001) Peratrovich. Nottingham & Drage, [nc 9 April 8, 2002 building would need to be done in advance. Of course, variabili~, in bluff erosion rates may result in either more or less rapid bluff erosion. Other buildings along the bluff are in varying degrees of periL including some in immediate peril, and there is no question that the present circumstances, in which the bluff is actively eroding into occupied buildings, streets and utilities, needs to be addressed. REFERENCES 3X)EC, 2001. State of Alaska, Department of Environmental Conservation (Timothy Stevens, Environmental Specialist). Subject: Corps Permit waterway ii Kenai River 327, State ID # AK O108-06AA. September 17, 2001 ADF&G. 2000. State of Alaska, Department of Fish and Game (Gary, S. Liepitz, Habitat Biologist}. Re: Kenai Coastal Trail and Erosion Control Project Design Concept Report Review. January 31, 2000. ADF&G, 2001. State of Alaska, Department of Fish and Game I Glenda Landua. Habitat Biologist). Re: Request for Additional Information, Kenat River 327. Ci~, of Kenai Coastal Trail~Erosion Control Project. September 7, 2001. KPB, 2001. Kenai Peninsula Borough (Daniel Bevington, Coastal District Coordinator). Re: Kenai River 327. #AK OI08-06AA Request for Additional Information Deadline. September 6, 2001 NMFS, 2001. U.S. Department of Commerce, National Oceanic and Atmospheric Admimstration, National Marine Fisheries Service (James W. Balsiger, Administrator). Re: Kenai River 327. September 6, 2001 Tarbox, K., 2001. Letter to Senator Stevens and Representative Young. Subject: Kenai River coastal project. September 27, 2001. Smith, O., Lee, W. and Merkel, H., 2001. Erosion at the Mouth of the Kenai River. Alaska: Analysis of Sediment Budget with regard to the proposed Kenai Coastal Trail & Erosion Control PrOject. University of Alaska Anchorage, School of Engineering. April 5.2001. USEPA, 200la. United States Environmental Protection Agency, Region 10 (Marcia Combes, Director}. Re: Public Notice 2-2001-0868. Kenat River 327. September 10, 2001. USEPA, 200lb. United States Environmental Protection Agency, Region 10 (Charles E. Findley, Acting Regional Administrator). Re: Public Notice 2-2001-0868, Kenai River 327. September 24, 2001. USFWS, 2001. United States Department of the Interior, Fish and Wildlife Service (Ann G. Rappoport, Field Supervisor). Re: Kenai River 327, 2-2001-0868. September 10, 2001. Peratrovich. Nottingham & Drage, Inc 11 April 8. 2002 (IrT dLLW) n-~VATI~N (FT' i,I.L.W) 2002/2003 KENAI KARDINAL FOOTBALL & BASKETBALL PROGRAM AD PRICES 1/8 PAGE AD (Business Card) ONE SPORT $40.00 BOTH SPORTS' $60.00 1/4 PAGE AD $75.00 $110.00 1/2 PAGE AD $140.00 $200.00 FULL PAGE AD $225.00 $325.00 *600 Football & 600 Basketball Programs will be Printed as well as a Calendar Poster CITY OF KENAI 210 Fidalgo Ave., 'Suite#2~00 Kenai, Alaska 99611 Office: (907) 283-7535 Fax: (907) 283-3014 Kenai June 1, 2002 KENAI CENTRAL HIGH SCHOOL 9583 Kenai Spur Hwy. - Kenai, Alaska 99611 (907) 283-7524 FAX (907) 283-3230 R Berry Swenson Principal Hank Overturf Assistant Principal Tim Delaney Athletic Director Liana Bigham Activity Director City of Kenai Kenai, AK 99611 RE: Program Ad My name is Jim Beeson and I am the head football and girls basketball coach at Kenai Central High School in Kenai, Alaska. I am writing you this letter in hopes that you will help support these two programs at Kenai Central by purchasing an ad in the 2002/2003 KCHS Football and Basketball Program. The ad size and price breakdown is given below. ONE SPORT BOTH SPORTS 118 PAGE AD $40.00 $60.00 (Business Card) . 114 PAGE AD $75.00 $110.00 112 PAGE AD $140.00 $200.00 FULL PAGE AD $225.00 $325.00 The programs are printed on 8.5 by .11 inch paper and are on the average 16 to 20 pages long. They include pictures of all the teams and individual pictures of all of the varsity players. A total of 600 programs will be printed up for football and another 600 for basketball. All programs are given away free at home games.. If you do buy an ad in the program, your business name will also appear as a sponsor on 100 football and basketball poster schedules that will be printed and distributed throughout the community. Last year the city purchased a half page ad for both sports. All of the proceeds from the ad sales go directly to the kids. The money will be used to help purchase new uniforms, practice gear, and other needed equipment. appreciated. Sincerely Thank you for your consideration in this matter. Any help that you could give would be greatly Jim Beeson HOME OF THE KARDINAZS July 2, 2002 Bill B. Zubeck Hannele K. Zubeck ~02 Highbush Lane Kenai, AK 996~ ~ (907) 283-6535 City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 ATTN: RE: Ms. Carol Freas, City Clerk Revoke the Previously Filed APPEAL to the Planning & Zoning Commission Decision Reached on June 26, 2002 Regarding Agenda Item 4b. PZ02-34 An Application for a Variance from the Development Requirements Table (Minimum Lot Size) for Gov't Lot 178, Kenai, Alaska. Dear Ms. Freas: This letter is a request to revoke the appeal that we filed with the City of Kenai on June 27, 2002 regarding the decision on PZ02-34. Mr. Richard has agreed to re-plat the lots to approx. 15,000-SF size if l revoke the subject appeal. Feel free to call me with any questions or clarifications regarding this request. Thank you. Sincerely, TO' FROM' DATE' RE: CITY OF KENA! "oa ol 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 MEMORANDUM Mayor and Council Members Carol L. Freas, City Cle~rk City of Kenai ~ // June 28, 2002// 1992 Appeal of Planning & Zoning Commission approval of PZO2-34---An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size)for the property described as Government Lot 178 (1 $15 Lawton Drive), Kenai, Alaska. Application submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. A letter of appeal was received on Thursday, June 27, 2002 in the above-referenced matter. A copy is attached for your information. KMC 14.20.290(b)(1), "Appeals - Board of Adjustment" provides, (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filing of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which is not a municipal holiday under KMC 23.40.020(a)(1)-(10) and (b). Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. Please set a Board of Adjustment hearing for the above-referenced matter. The hearing date limit fails on Saturday, July 27, 2002 and then by code, extends to Monday, July 29. The next regular council meeting falling within the 30-day period is July 17. Certified notices must go to property owners within 300 feet "...at least ten (10) days prior to the hearing." **There were comments from council after the last more controversial hearings that future hearings of more controversial nature should be held separate from council meeting dates. June 27, 2002 City of Kenai 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 REC,E, ..... _: .... ~ ....~ ,. CITY CLERK , , J L i! ,1 ILl t ' ' -- Bill B. Zubeck Hannele K. Zubeck 102 Highbush Lane Kenai, AK 99611 (907) 283-6535 ATTN: RE: Ms. Carol Freas, City Clerk An APPEAL to the Planning & Zoning Commission Decision Reached on June 26, 2002 Regarding Agenda Item 4b. PZ02-34 An Application for a Variance from the Development Requirements Table (Minimum Lot Size) for Gov't Lot 178, Kenai, Alaska Dear Ms. Freas: This letter is a written appeal to the decision of the Planning & Zoning Commission to approve PZ02-34, an application for a variance from the minimum lot size for the property described as Government Lot 178 (1515 Lawton Drive), Kenai, Alaska. The P&Z Commission approved the variance at the meeting held June 26, 2002. I make my appeal based on the following: · The property in question is zoned Rural Residential and exists in a Iow density housing area. One purpose for the minimum lot size of 20,O00-SF is to maintain the Iow housing density in the area. By allowing the reduction of the lot size to IO,O00-SF, the Commission is doubling the allowable housing density. , Two of the three proposed 10,000-SF lots are "corner" lots adjacent to street ROW's and therefore, will have a 25-ft building setback on the street sides. The other setbacks are 20-ft from the rear property line and 15-ft from the side lot line. These setbacks were not shown on the applicant's preliminary plat and will effectively reduce the buildable area on the lots from between 3,207-SF to 3,308-SF. This will further congest the future building(s), increase the apparent housing density, and make the lots less desirable for resale. , The Commission should require that an applicant present strong reasons in support of his/her request for a significant variance. I suggest that this variance is significant. The proposed lot size is half of the current minimum for the zoning in this area. The current Development Requirements are made to protect the public from poorly planned development. I fully support a minimum lot size of 20,000-SF. I think the City should encourage compliance with this minimum lot size rather than allow such variances. , The proposed lots will be more than 21.1% smaller than the smallest lot in Parks Subdivision (12,680-SF) and the smallest of any lots within a considerable area. The smallest City "golf course" lot is 16,002-SF in Block 2 (the closer block), and 15,251-SF in Block 1. The proposed lot size should be consistent with the parcels in the neighborhood and preserve currently zoned density. I request that the P&Z Commission rescind its decision approving the subject variance (PZ02- 34) and recommend to Mr. Richard that he consider platting the lots in conformance with existing lot sizes in the area. Feel free to call me with any questions or clarifications regarding this appeal. Thank you for your consideration in this matter. Sincerely, Hannele K. Zubeck ,Tuly' 2002 MEET N CALENDAR 2 3 4 5 Library Commis- COUNCIL MEET- HOLIDAY/City sion, 6p, lNG, 7p, Coun- Offices Closed cil Chambers Parks & Recre- ation Commis- sion/Date 14 21 28 H~rb'or'~)~mis. 15 sion, 7p, Coun- cil Chambers Beautification Committee, 7P, Council Chambers 16 22 29 23 30 10 Planning & Zoning Comm- ission, 7p, Council Chambers 17 COUNCIL MEET- ING, 7p, Coun- cil Chambers 24 Planning & Zoning Comm- ission, 7p, Council Chambers 31 Airport Commis- sion, 7p, Coun- cil Chambers 18 25 19 26 13 20 27 Pdnted by Calendar Creator Plus on 11/30/2001 MAKE PACKETS COUNCIL PACKET DISTRIBUTION COUNCZL MEETIN~ DATE: Mayor/Council / Attorney ~ ToyIor/$prin~ter/Kebschull Clerk ~ City Mono~er ~ Public Works Police Deportment / Finance ~ En~inee~ 5enio~ Cente~ ~ Airport ~ Kim Library / Porks & Recreation ~ Clarion Fire bep~rtment ~' KVCB AGENDA DISTRIBUTION Sewer Treatment Plant Streets Shop bock Building/Maintenance Animal Control Water/Sewer Counter Fax by computer to Contacts; Agenda List' Microsoft Fox from printer list; Address Book; Assembly Members KSRM HEA Kenai Chamber of Commerce ~Ton Little (Daily News/$oldotne) KVCC KDLL Ebb DELIVER Council Packets to Police Department Dispatch desk. The Clarion will pick their pocket up at City Hall. The portion of the agenda published by the Clarion should be foxed os soon os possible after Noon on pocket day. The camera-ready agenda (c'/myfiles/documents/minutes/ogendo form for paper)is emoiled to the Peninsula ~larion (at emoil Contacts) and o copy is foxed to Denise at the ~larionalso. Home Page documents (agenda, resolutions and ordinances for public hearing) ~re placed in the Clerk's I--tTML file. Place them onto the city's web$ite with Front Page from there os soon os possibl AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 3, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS .h. ttp://www, ci. kenai .ak. us ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C: PUBLIC HEARINGS ,, 1. Ordinance No. 1960-2002 --Increasing Estimated Revenues and Appropriations by $9,691 in the General Fund for Purchase of a Copier. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption 2. Ordinance No. 1961-2002 --Increasing Estimated Revenues and Appropriations for Increased Insurance Costs. a. Motion for Introduction b. Motion for Second Reading (Requires a Unanimous Vote) c. Motion for Adoption 3. Resolution No. 2002-48 -- Reaffirming its Support of the State of Alaska DOT/PF in its Effort to Properly Construct a Safe, Separated Pedestrian and Bike Path Along the Bridge Access Road. 4. Resolution No. 2002-49 -- Assessing Costs of Abatement at 1218 Lilac, Kenai, Alaska in the Amount of $5,200 as a Lien on the Property. 5. Resolution No. 2002-50 -- Adopting a Name for the Right-Of-Way Located North of Willow Street to the Airport Proper to be Named Gee Bee Avenue. 6. Resolution No. 2002-51-- Transferring $4,000 in the General Fund for the Fire Department Portion of the Public Safety Radio Maintenance Contract. ITEM G: OLD BUSINESS 1. Reconsideration of Resolution No. 2002-40 -- Awarding the Bid for the Purchase of a Black and White Copier for the City Administration Building and Entering Into a Contract for Maintenance and Supplies for Five Years to High Speed Gear for a Total of $22,881.00. ITEM H: NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 3. Approval -- Assignment of Lease for Security Purposes/Lot 5, Block 5, General Aviation Apron No. 1/From Timothy J. Mitchell and Linda J. Mitchell to Robert J. Johnson. 4. Discussion -- Schedule Board of Adjustment Hearing/Bill B. and Hannele K. Zubeck appeal of Planning & Zoning Commission approval of PZ02-34--An application for a variance permit for a variance from the Development Requirements Table (Minimum Lot Size) for the property described as Government Lot 178 (1515 Lawton Drive), Kenai, Alaska, submitted by Steven A. Richard, P.O. Box 188, Kenai, Alaska. EXECUTIVE SESSION -- None Scheduled ITEM K: ADJOURNMENT The public is invited to attend and participate. Additional information is available through the City Clerk's office at 210 Fidalgo Avenue, Suite 200 or visit our website at _ht.~p://www. ci.kenai.ak.us Carol L. Freas, City Clerk D504/211