HomeMy WebLinkAbout2004-03-03 Council PacketKenai City Council
Meeting Packet
March 3, 2004
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MARCH 3, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
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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:
ITEM C:
ITEM D:
SCHEDULED PUBLIC COM~Vr~NTS (10 minutes)
REPORTS OF KPB A.~IRI~.~_~Ly, LE(~!SL_aiTORS AND COUNC!!L~
PUBLIC HEARINGS
Ordinance No. 2035-2004 -- Increasing Estimated Revenues and
Appropriations by $5,000.00 in the General Fund for a Grant for Police
Trainkng.
Ordinance No. 2036-2004 -- Amending KMC 1.90.040 by Adding KMC
1.90.040(c} that Imposes a Limit of Three Three-Year Terms Upon
Serving on City Commissions or Committees Except for the Planning and
Zoning Commission.
Resolution No. 2004-10 -- Emphasizing the Importance for the Alaska
Legislature to Provide Adequate Funding for the Alaska Department of
Fish & Game to Continue Essential Management of Alaska's W/id Fish
and Game Populations.
a. Remove from table.
b. Consideration of resolution.
Resolution No. 2004-11-- Transferring $15,000 From Engineering to
Equipment in the Multipurpose Facility Capital Project Fund to Purchase
a Zamboni Ice Surfacing Machine.
*Liquor License Renewals
· One Stop Liquors #2319/Package Store
· Eagles #3525/Club
ITEM E:
2.
3.
4.
5.
6.
7.
ITEM F:
1.
2.
ITEM G:
ITEM H:
ITEM I:
ITEM J:
ITEM K:
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. Kenal Convention & Visitors Bureau Board
c. Alaska Municipal League Report
d. Kenal Chamber of Commerce
e. Arctic Winter Games
MINUTES
*Regular Meeting of February 18, 2004.
*February 18, 2004 Board of Adjustment Hearing Verbatim
CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
Approval -- Lease Application of John C. & Marie L. Parker & 20/20
International, Inc,/Lot 11, Block 1, FBO Subdivision.
Approval -- Lease Application of Arctic Barnabas Ministries, Inc./Lots 8
& 9, Block 5, General Aviation Apron.
Discussion -- Sales Tax and Mill Rates
REPORT OF THE MAYOR
ADMINISTRATION REPORTS
City Manager
Attorney
City Clerk
ITEM L: DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM M: ADJOURN'MENT
MAYOR'S REPORT
MARCH 3, 2004
REGULAR COUNCIL MEETING
CHANGES TO THE AGENDA
REQUESTED
BY-'
CONSENT AGENDA
MAYOR'S REPORT
The Harbor Commission and Council on Aging have lost a member through the death
of Donna Higley.
There are actually two seats available on the Harbor Commission and there are no
applications on i-fie.
The Senior Center is notifying seniors of the available scat.
A comment was made at the last Planning & Zoning Commission meeting that Ron
Goecke plans on resigning from the Commission. There are no applications on i'fie for
PZ Commission.
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Suggested by: Administration
City ofKenai
ORDINANCE NO. 2035-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $5,000.00 IN THE GENERAL
FUND FOR A GRANT FOR POLICE TRAINING.
WHEREAS, the City has received $5,000.00 from the Alaska Police Standards Council
for police training, to include training of sworn and non-sworn personnel; and,
WHEREAS, it is in the best interest of the City of Kenai to provide for the training of its
police officers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as follows:
General Fund
Increase Estimated Revenues:
State Grant
$5,000.00
Increase Appropriations: $5,000.00
Police- Travel & Transportation
PASSED BY THE COUNCIL OF THE CITY OF KENAi, ALASKA, this 3rd day of March,
2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February l8,2004
March 3,2004
March 3, 2004
Approved by Finance:"~
(o2/ o/o4) hl
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Suggested by: Council Member
CITY OF KENAI
ORDINANCE NO. 2036-2004
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 1.90.040 BY ADDING KMC 1.90.040(C) THAT IMPOSES A LIMIT OF THREE
THREE-YEAR TERMS UPON SERVING ON CITY COMMISSIONS OR COMMITTEES
EXCEPT FOR THE PLANNING AND ZONING COMMISSION.
WHEREAS, currently there is no limit to the amount of time a person may serve on
city commissions or committees; and,
WHEREAS, commissioners desiring to be reappointed have historically been
reappointed with no competitive process; and,
WHEREAS, that process has led to limiting the ability of new persons to be appointed
to commissions and committees; a.nd,
WHEREAS, a nine-year term limit will allow persons a lengthy period of time to serve
on a commission or committee, while encouraging the appointment of new persons to
commissions and committees; and,
WHEREAS, because of the legal authority of the Planning and Zoning Commission to
issue variances and permits and the time it takes to become knowledgeable and
proficient in planning and zoning rules and regulations, it is in the best interest of the
city to not apply term limits to Planning and Zoning Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 1.90.040 is amended by adding KMC 1.90.040{c) as follows:
1.90.040
(c) No person who has completed three consecutive, full terms as a
commissioner or committee member may serve another term or portion
of a term until a period of 180 days has passed since the end of the third
consecutive term of office. A full term of office means the regular term of
office for a commissioner or committee member and does not include
portions of a term served by appointment to the remainder of an un-
expired term vacated by another person. This section shall not apply to
members of the Planning and Zoning Commission.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of March,
2004.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Carol L. Freas, City Clerk
Introduced:
Adopted:
Effective:
February 18, 2004
March 3, 2004
April 3, 2004
Suggested by: Council Member M,
CITY OF KENAI
RESOLUTION NO. 2004-10
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, EMPHASIZING THE
IMPORTANCE FOR THE ALASKA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE
ALASKA DEPARTMENT OF FISH & GAME TO CONTINUE ESSENTIAL MANAGEMENT OF
ALASKA'S WILD FISH AND GAME POPULATIONS.
WHEREAS, the Alaska Department of Fish & Game is responsible for the management of
Alaska's wild fish and game populations which is of essential importance to the economy of
Alaska and the well being of its citizens; and,
WHEREAS, the wild fish and game populations allow the commercial fishing industry to return
vital revenues to communities and the State of Alaska through raw fish taxes, provides income
to individuals which in turn support businesses and communities throughout the state, and
are a key component in the attractiveness of Alaska as a tourism destination; and,
WHEREAS, in addition, spart fishing, subsistence, and related tourism, which also provides
income to the State, communities, and individuals, is also dependent on fish and game
research and funding; and,
WHEREAS, management of fish and game resources depend on adequate scientific research
programs to ensure the sustainabflity and balance of subsistence, sport, and commercial uses;
and,
WHEREAS, deficient funding of facilities and personnel may result in a lack of the necessary
scientific research to allow some existing fishing opportunities to continue and may prevent
new opportunities to occur.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as
follows:
Section 1: It emphasizes the importance for the Alaska Legislature to provide
adequate funding for the Alaska Department of Fish & Game to continue essential management
of Alaska's wild fish and game populations.
Section 2: Copies of this resolution be forwarded to Governor Murkowski,
Commissioner Duffy and members of the Alaska Legislature.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of March, 2004.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
clf
Suggested by: Administrat~
City of Kenai
RF~OLUTION NO. 2004-11
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
TRANSFERRING $15,000 FROM ENGINEERING TO EQUIPMENT IN THE
MULTIPURPOSE FACILITY CAPITAL PROJECT FUND TO PURCHASE A
ZAMBONI ICE SURFACING MACHINE.
WHEREAS, a used Zamboni ice surfacing machine is advertised for sealed bid
sale; and,
WHEREAS, the City has one Zamboni and an equipment failure could cause a
loss of revenue; and,
WHEREAS, the City Shop foreman has inspected the Zamboni offered for sale
and has made inquiries as to the value of the machine; and,
WHEREAS, the funds are available in the Multipurpose Facility Capital Project
Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that:
Section i: The following budget transfers be made:
Multipurpose Facility Capital Project Fund
From: Enl~ineering $15,000
To: Equipment $15,000
Section 2: That the City Manager is authorized to bid an amount not to
exceed $15,000 for the purchase of the used Zamboni ice surfacing machine
offered for sale by sealed bid.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third day of
March, 2004.
ATTEST:
JOHN J. WILLIAMS, MAYOR
Carol L. Freas, City Clerk
Approved by Finance: ~
(2/26/20041 ~
'~[ j~_..,~^ 144 N. BINKLEY SOLDOTNA, ALASKA ~ 99669-7599
~ ~"' ~ BUSINESS (907) 262-8608 FAX (907) 262-8615
·"'~'~""-~.. --.,,,*~"~"~IP ~ EMAIL: assemblyclerk@bomugh.kenaLak.us
February 19, 2004
LINDA MURPHY, MMC
BOROUGH CLERK
Ms. Dawn Holland-Williams
Records & Licensing Supervisor
Alcoholic Beverage Control Board
550 W. 7th Avenue
Anchorage, AK 99501-6698
Re: Application for Renewal of Liquor License
Dear Ms. Holland-Williams:
Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s)
for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai,
Alaska:
Package Store
One Stop Liquors ~ #2319
The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based
on unpaid or delinquent taxes.
Sincerely,
Linda S. Murphy, MMC
Borough Clerk
CC:
applicant
City of Kenai
KPB Finance Department
File
KENAI PENINSULA BOROUGH
144 N. BINKLEY · SOLDOTNA, ALASKA · 99669-7599
BUSINESS F(~v~ATIL..26a2~e60m8b cerk@borou h kFeAnX (907) 252-8615
: Y g . ai.ak.us
Febmary23,2004
LINDA MURPHY, MMC
BOROUGH CLERK
Ms. Dawn Holland-Williams
Records & Licensing Supervisor
Alcoholic Beverage Control Board
550 W. 7th Avenue
Anchorage, AK 99501-6698
Re: Application for Renewal of Liquor License
Dear Ms. Holland-Williams:
Please be advised that the Kenai Peninsula Borough has no objection to the approval of the application(s)
for renewal of the liquor license(s) for the following establishment(s), located in the City of Kenai,
Alaska:
Club
Eagles #3525
The Kenai Peninsula Borough Finance Department has reviewed its files and has raised no objection based
on unpaid or delinquent taxes.
Sincerely,
Linda S. Murphy, MMC
Borough Clerk
cc:
applicant
City of Kenai
KPB Finance Department
File
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ITEM 1:
ITEM 2:
ITEM 3:
ITEM 4:
ITEM 5:
ITEM 6:
ITEM 7:
ITEM 8:
b.
ITEM 9:
ITEM 10:
ITEM 11:
b.
ITEM 12:
KENAI AIRPORT COMMISSION
FEBRUARY 12, 2004
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
AGENDA
CALL TO ORDER AND ROLL CALL
ELECTION OF OFFICERS
AGENDA APPROVAL
APPROVAL OF ME~TING SUMMARY -- December 11, 2003
PERSONS SCHEDULED TO BE HEARD
OLD BUSINESS
Discussion -- Airport Projects Update (Terminal Access Modifications, Taxiway
"H" Access to Lease Lots, Fence Improvements, and Terminal Interior
Modifications for Passenger Screening)
Discussion -- Kenai Peninsula Borough Proposed Aircraft Flat Tax/Update
NEW BUSINESS
Recommendation -- Lease Application of John C. & Marie L. Parker & 20/20
International, Inc./Lot 11, Block 1, FBO Subdivision.
Recommendation -- Lease Application of Arctic Barnabas Ministries, Inc./Lots
8 & 9, Block 5, General Aviation Apron.
Discussion -- Central Peninsula Air Fair
Discussion -- Alaska State Aviation Trade Show
Discussion -- Lease of Old Fish & Wildlife Hangar
REPORT
Commission Chair
Airpo~ Manager
City Council Liaison
COMMISSIONER COMMENTS AND QUESTION8
PERSONS NOT SCHEDULED TO BE HEARD
INFORMATION ITEMS
Kenal City Council Meeting Action Agendas for January 7 and 21, 2004.
Monthly Kenal Municipal Airport Enplanement Reports
Airport Manager Reports, November and December 2003, January 2004.
ADJOURNMENT
KENAI AIRPORT COMMISSION
FEBRUARY 12, 2004
KENAI CITY COUNCIL CHAMBERS
7:00 P.M.
CHAIR HENRY KNACKSTEDT, PRESIDING
MEETING SUMMARY
ITEM 1:
CALL TO ORDER AND ROLL CALL
Chairman Knackstedt called the meeting to order at approximately 7:05 p.m. The roll
was confirmed as follows:
Members present:
Members absent:
Others present:
Jim Bielefeld, Henry Knackstedt, Chip Versaw, Doug Haralson, Jed
Watkins (arrived at 7:50 p.m. due to work emergency).
dim Zirul
Airport Manager Cronkhite, Airport Department Assistant Mary
Bondurant
ITEM 2:
ELECTION OF OFFICERS
Member Haralson nominated Henry Knackstedt to continue as Chair and Jim Bielefeld
as Vice Chair. There were no objections. SO ORDERED.
ITEM 3:
AGENDA APPROVAL
MOTION:
Commissioner Haralson MOVED to approve the agenda as presented and
Commissioner Bielefeld SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 4:
APPROVAL OF MEETING SUMMARY -- December 11, 2003
MOTION:
Commissioner Ha_raison MOVED to approve the meeting summary as presented and
Commissioner Versaw SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 5:
ITEM 6:
PERSONS SCHEDULED TO BE HEARD--None.
OLD BUSINESS
Discussion -- Airport Projects Update (Terminal Access Modifications,
Taxiway "H" Access to Lease Lots, Fence Improvements, and Terminal
Interior Modifications for Passenger Screening)
Terminal Access Modification, Taxiwav H: Bielefeld stated he believed access should be
full width to Lots 6, 7, 8 and 9.
Fence Improvements: General discussion.
Parking Proiect: Suggestion this item be tabled until the next Commission meeting.
Terminal Interior Modifications: Commission discussed the planned modifications and
suggested the designers investigate needs for passenger seating, etc.
MOTION:
Commissioner Haralson MOVED to recommend the terminal access modification
proceed as presented and Commissioner Bielefeld SECONDED the motion. There were
no objections. SO ORDERED.
MOTION:
Commissioner Haralson MOVED to recommend the design of Taxiway "H" continue
with the design of the full width access to Lots 6, 7, 8, and 9 to the extent possible,
accommodating drainage. Commissioner Bielefeld SECONDED the motion. There
were no objections. SO ORDERED.
Commissioner Watkins arrived at 7:50 p.m.
Discussion -- Kenai Peninsula Borough Proposed Aircraft Flat
Tax/Update
It was reported Assembly Member Chay scheduled a meeting on Friday, February 13 at
6:440 p.m. in the borough Assembly Chambers to discuss the aircraft flat tax
ordinance. Commissioners Bielefeld and Haralson would be attending and
Commissioner Knacksted and Versaw will attend if possible. Haralson updated the
Commission on Assembly meeting discussion of the ordinance to date.
ITEM 7:
NEW BUSINESS
Recommendation -- Lease Appl/cation of John C. & Marie L. Parker &
20/20 International, Inc./Lot 11, Block 1, FBO Subdiv/sion.
Applicant John Parker discussed his plans and desire to lease the property. During
their discussion, Knackstedt noted the Master Plan design.
MOTION:
Commissioner Bielefeld MOVED to recommend approval of the lease and
Commissioner Watson SECONDED the motion. There were no objectionS. SO
ORDERED.
AIRPORT COMMISSION MEETING
FEBRUARY 12, 2004
PAGE 2
7-b. Recommendation -- Lease Application of Arctic Barnabas Ministries,
Inc./Lots 8 & 9, Block 5, General Aviation Apron.
Joel Caldwell, a representative of Arctic Barnabas Ministries, Inc. explained their
concept of use of the properties, including a professional office building.
MOTION:
Commissioner Watson MOVED to recommend approval of the lease application to
Arctic Barnabas Ministries, Inc. and Commissioner Versaw SECONDED the motion.
There were no objections. SO ORDERED.
Discussion -- Central Peninsula Air Fair
Mary Bondurant, Airport Administrative Assistant updated the Commission with Air
Fair plans to date. An initial committee meeting was scheduled. May 22, 2004 was
suggested as the date for the Fair.
MOTION:
Commissioner Watson MOVED to recommend May 22, 2004 as the date for the Air
Fair and Comm/ssioner Versaw SECONDED the motion. There were no objections. SO
ORDERED.
Discussion -- Alaska State Aviation Trade Show
A general discussion took place relating to the Trade Show and participation taken by
the Kenal Airport.
MOTION:
Commissioner Versaw MOVED to recommend the Kenai Municipal Airport have a
booth at the Trade Show and Commissioner Ha_raison SECONDED the motion. There
were no objections. SO ORDERED.
BREAK TAKEN: 9:35 P.M.
BACK TO ORDER: 9:40 P.M.
Discussion -- Lease of Old Fish & Wildlife Hangar
A lengthy discussion took place in which several issues were discussed: · Could the airport keep the hangar and just lease the space?
· If the Airport leases the space, what is the city's liability? Could
insurance be required?
AIRPORT COMMISSION MEETING
FEBRUARY 12, 2004
PAGE 3
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· Should the building be sold and then lease the lot or remove the building
and lease the lot?
MOTION:
Commissioner Watson MOVED to put the building/lot out for competitive bid and
Commissioner Haraison SECONDED the motion.
The motion was discussed at some length.
VOTE:
Zirul Absent Bielefeld No Knackstedt No
Versaw No Ha. raison No Watkins
yes
(-
MOTION FAILED.
MOTION:
Commissioner Bielefeld MOVED to send the following ranked list of ideas for the lot to
council:
1. Do a Request for Proposals.
2. A standard competitive bid process.
3. The Airport keep the building and lease the tie down and two hangar
spaces.
4. Sell the building through a bidding process and the highest bidder has
the first right to lease the property using the standard guidelines.
Commissioner Haraison SECONDED the motion.
VOTE:
There were no objections. SO ORDERED.
ITEM 8:
Sma,
ITEM 9:
ITEM 10:
REPORT
Commission Chair -- No report.
Airport Manager -- No report.
City Council Liaison ~- No report.
COMMISSIONER COMMENTS AND (~UESTIONS -- None.
PERSONS NOT SCHEDULED TO BE HEARD -- None.
AIRPORT COMMISSION MEETING
FEBRUARY 12, 2004
PAGE 4
ITEM 11:
INFORMATION ITEMS
ll-a.
11-b.
11-¢.
Kenai City Council Meeting Action Agendas for January 7 and 21, 2004.
Monthly Kenai Mun/cipal Airport Enplanement Reports
Airport Manager Reports, November and December 2003, January 2004.
ITEM 12:
ADJOURNMENT
MOTION:
Commissioner Haralson MOVED to adjourn and Commissioner Bielefeld SECONDED
the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 11:02 p.m.
D
Meeting surnmary prepared by:
Carol L. Freas, City Clerk
D
AIRPORT COMMISSION MEETING
FEBRUARY 12, 2004
PAGE 5
~-1T-2084 02:29 PM PENINSULA MEMORIAL- CHPL$ 190728551
CITY OF KENAI
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CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
February 11, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
e. 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. Them 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. *January 28, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
Se
PUBLIC HEARINGS:
a. PZ04-06 - An application for an Encroachment Permit for rear yard setbacks for the
property known as Lot 6, Block 1, Ryan Subdivision (314 Dolly Varden Street), Kenai,
Alaska. Application submitted by Shawn O'Donnoghue, 314 Dolly Varden Street,
Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. *PZ04-07--An application for a Home Occupation Permit for operating a daycare at the
property known as Lot 5, Block 2, Bush Lane Subdivision, 1232 Lilac Lane #2, Kenai,
Alaska. Application submitted by Cecilia A. Dobbs, 1232 Lilac Lane #2, Kenai, Alaska.
b. Amendment of KMC 14.20.320 - Modular Homes - Discussion/Set Public Hearing
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
a. Code Violation Status Report
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Revised Driveway Site Plan - Travis Hall - 4905 Silver Salmon Dr.
b. "Zoning Bulletin ( 1/10/04)"
c. "Planning Commissioner's Comer"
d. Kenai River, Kenai Landing Boat Ramp
¢. KPB Ordinance 2004-03 - An ordinance authorizing the sale of approximately 0.25 acres
of land to Herman and Irene Fandel to resolve a long standing trespass on Borough land
located within the City of Kenai
f. State of Alaska, Non-Metropolitan Local Consultant Policy
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT: Work Session Immediately
Following Regular Meeting
Commission will meet with City
Attorney Cary Graves regarding the
draft ordinance for Adult Oriented
Businesses.
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CITY OF KENAI
PLANNING ~ ZONING COMMISSION
CITY COUNCIL CHAMBERS
FEBRUARY 11, 2004 - 7:00 P.M.
CHAIR PRO TEMPOR.E RON OOECKE, PRESIDING
MINUTES
ITEM 1:
CALL TO ORDER
Due to the absence of Chair Carl Glick and Vice Chair Phil Bryson, the meeting was
called to order by Commission Member Ron Goecke.
MOTION:
Commissioner Barrett MOVED to elect Ron Goecke as Chair Pro Tempore and
Commissioner Eldridge SECONDED the motion. There were no objections. SO
ORDERED.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners Present:
Commissioners Absent:
Others Present:
Jay Barrett, Barry Eldridge, Nelson Amen, and Ron Goecke
Carl Glick, Phil Bryson, John and Hammelman
Council Member Bookey, City Clerk Freas, City Planner
Kebschull, City Attorney Cary Graves
Agenda Approval
Chair Pro Tempore Goecke noted the following changes to the agenda.
ADD TO:
Item 7-b -- Corrected memorandum to the Commission.
Item 9-a -- Code Violation Status Report -- Replacement.
MOTION:
Commissioner Eldridge MOVED to approve the amended agenda and requested
UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were
no objections. SO ORDERED.
Consent Agenda
MOTION:
Commissioner Amen MOVED for approval of the consent agenda and requested
UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were
no objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- January 28, 2004
Approved by consent agenda.
ITEM 3:
ITEM 4:
ITEM 5:
SCHEDULED PUBLIC COMM~.NT -- None.
CONSIDERATION OF PLATS -- None.
PUBLIC HEARINGS
PZ04-06 - An application for an Encroachment Permit for rear yard
setbacks for the property known as Lot 6, Block 1, Ryan Subdivision
(314 Dolly Varden Street}, Kenal, Alaska. Application submitted by
Shawn O'Donnoghue, 314 Dolly Varden Street, Kenal, Alaska.
MOTION:
Commissioner Eld.ridge MOVED for approval of PZ04-06, an application for an
encroachment permit and Commissioner Barrett SECONDED the motion.
Public hearing was opened. There were no comments from the public and the hearing
was closed.
City Planner Kebschull reported the house was built in the 1960's and an
encroachment permit was granted in 1990 for a front setback on Kiana Lane, with the
driveway on Kiana Lane. Based on information from the Encroachment Permit
application, the driveway to the house was off Dolly Varden, with a front door on
Kiana. In 1995, a building permit was issued for constructing a garage. Mr.
O'Donnoghue, the present owner, wants to raze the existing garage and rebuild it in
the same footprint and will need a rear yard setback encroachment.
Mr. O'Dormoghue was in the audience and because he was unaware of the process,
was unable to speak to the issue without the Commission reopening the public
hearing. Goecke reopened the pubhc hearing. The Commission had no objections.
Shawn O'Donnoghue, 314 Dolly Varden -- O'Donnoghue stated his intention to raze
the existing garage and rebuild it using the same footprint and building it to code. He
also noted, he purchased the property in October/November and at the time; the as-
built showed the garage was only 18 x 24 sq. ft.; a new as-built indicated the garage
was extended into the back and the former owner didn't get an encroachment perm/t
at that time; the existing building was not built to code; and, he wants to replace the
old garage with a new one, built to code.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 11, 2004
PAGE 2
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The public hearing was closed. Comments and discussion indicated the following:
· There is no precedent to grant a permit with a building in place, then
deconstruct it and then reconstruct it.
· If an encroachment is discovered during a sale, the issue is corrected
prior to the sale.
· The fence encroachment would be a civil matter, though O'Donnoghue
stated it would be removed.
· There will be a bedroom above the new garage, but the height of the
garage will not be more than the existing home (it will be a two-story garage).
VOTE:
Glick Absent
Hammelman Absent
Goecke Yes
Bryson
E1drid§e
Absent Yes
Yes Yes
Barrett
Amen
MOTION PASSED UNANIMOUSLY.
Chair Pro Tempore Goecke stated the appeal instructions.
ITEM 6:
ITEM 7:
OLD BUSIKESS -- None.
NEW BUSINESS
-ae
PZ04-07--An application for a Home Occupation Permit for operating a
daycare at the property known as Lot 5, Block 2, Bush Lane Subdivision,
1232 Lilac Lane #2, Kenai, Alaska. Appl/cation submitted by Cecilia A.
Dobbs, 1232 L'flac Lane #2, Kenal, Alaska.
Approved by consent agenda.
Amendment of KMC 14.20.320 - Modular Homes - Discussion/Set
Public Hearing
Kebschull referred to the draft ordinance included in the packet and explained the city
had been contacted by an out-of-state company who is interested in purchasing lots in
Inlet Woods and to place 15-20 modular homes on the lots. Admirdstration is
concerned for other property owners who may have homes valued at $250,000 and do
not want modular homes next door. Administration brought the issue to the
Commission to discuss whether the issue should be brought forward as a resolution to
recommend amendments to the code to allow these types of homes and whether the
amendments should include zone restrictions.
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 11, 2004
PAGE 3
A general discussion followed in which it was noted the definition included in the draft
ordinance is one from the Housing & Urban Development regulations. Questions were
raised relating to the difference between a modular home (sits on a foundation) and a
mobile home (mobile home has a chassis) and whether the building process Hall
Builders uses for their housing construction would be considered modular homes.
The Commission consensus was to bring forward the resolution for code changes for
public hearing. It was also requested the public hearing be scheduled after the return
of Chairman Glick because of his knowledge of building construction; investigate the
Hall Builders building process; added definition of modular homes and prefabricated
homes, using examples of different structures and examples of modular homes from
the company who contacted the city; and, bring back the investigative information
prior to the public hearing.
Kebschull also noted Administration had received some calls relating to people using
containers in their yards for storage. Kebschull noted, the Commission may want to
be proactive and suggest requirements, i.e. siding, roof, zone restrictions, etc.
Consensus of Commission was for Kebschull to keep them informed and flit appears
the item becomes more of an issue, she will notify the Commission.
ITEM 8:
ITEM 9:
9-a.
ITEM 10:
PENDING ITEMS -- None
CODE ENFORCEMENT
Code Violation Status Report
REPORTS
10-a. City Council -- Council Member Bookey reported a Board of Adjustment
hearing had been scheduled for February 18 in regard to the appeal of Tracy Jones.
10-b. Borough Planning -- No report.
10-c. Administration -- Kebschull reported she attended the Borough
Planning Commission Meeting at which time the City's Comprehensive Plan was
unanimously passed. The Plan will go before the Borough Assembly at their April 6
meeting.
ITEM 11:
ITEM 12:
PERSONS PRF-~ENT NOT SC~n~.~D~.~.r~ __ None.
INFORMATION ITRM.~
12-a. Revised Driveway Site Plan -- Travis Hall - 4905 Silver Salmon Dr.
12-b. "Zoning Bulletin ( 1 / 10/04) ~
D
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 11, 2004
PAGE 4
12-e. ~Planning Commissioner's Comer"
12-d. Kenai River, Kenai Landing Boat Ramp
12-e. KPB Ordinance 2004-03 - An ordinance authorizing the sale of approximately
0.25 acres of land to Herman and Irene Fandel to resolve a long standing
trespass on Borough land located within the City of Kenai.
12-f. State of Alaska, Non-Metropolitan Local Consultant Policy
ITEM 13:
ITEM 14:
COMMISSION COMMENTS & QUESTIONS -- None.
ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED to adjourn and Commissioner Barrett SECONDED the
motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:45 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
FEBRUARY 11, 2004
PAGE 5
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 18, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.us
6:00 P.M. -- Board of Adjustment Hearing: Appeal of Planning &
Zoning Commission Denial of PZ04-02 -An application for an
Encroachment Permit for rear yard setbacks for the propertT~ known
as Lot 2A, Block 4, Inlet Woods ~ubdivision Jones Replat (1S45
Windward Drive), Kenai, A~_~_~ka. Application submitted by Tracy W.
Jones, P.O. Box 2?49, Kenai, Alaska.
ITEM A:
CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM Bi
ITEM C:
ITEM D:
SCHEDULED PUBLIC COMMENTS (10 minutes)
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNC!!-~
PUBLIC HEARINGS
Ordinance No. 2034-2004 -- Increasing Estimated Revenues and
Appropriations by $8,200 in the Airport Terminal Enterprise Fund for
Engineering and Design Services to Expand the Passenger Holding Area.
Resolution No. 2004-09 -- Supporting the Addition of a Lobby and
Spectator Area to the Multipurpose Facility in Preparation for Use as a
Venue for the 2006 Arctic Winter Games.
Resolution No. 2004-10 -- Emphasizing the Importance for the Alaska
Legislature to Provide Adequate Funding for the Alaska Department of
Fish & Game to Continue Essential Management of Alaska's Wild Fish
and Game Populations.
*2004 Liquor License Renewals --
· Little Ski-Mo Drive In -- Restaurant/Eating Place
· New Peking Chinese Restaurant -- Restaurant/Eating Place
ITEM E:
2.
3.
4.
5.
6.
7.
ITEM F:
1.
ITEM G:
ITEM H:
1.
ITEM I:
1.
2.
3.
ITEM J:
· Upper Deck -- Beverage Dispensary Tourism
COMMISSION/COMMTTTEE REPORT,~
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. Kenal Chamber of Commerce
e. Arctic Winter Games
MINUTES
*Regular Meeting of February 4, 2004.
CORRESPONDENCE
OLD BUSINES~
Discussion -- KPB Ordinance No. 2004-03, Authorizing the Sale of
Approximately 0.25 Acres of Land to Herman and Irene Fandel to Resolve
a Long Standing Trespass on Borough Land Located Within the City of
Kenai.
NEW BUSINESS
Biffs to be Paid, Bills to be Ratified
Purchase Orders Exceeding $2,500
*Ordinance No. 2035-2004 -- Increasing Estimated Revenues and
Appropr/ations by $5,000.00 in the General Fund for a Grant for Police
Training.
*Ordinance No. 2036-2004 -- Amending KMC 1.90.040 by Adding KMC
1.90.040(c} that Imposes a Limit of Three Three-Year Terms Upon
Serving on City Commissions or Committees Except for the Planning and
Zoning Commission.
Approval -- Extension of Construction Schedule/Lot 8, Block 2, Cook
Inlet Industrial Air Park
REPORT OF THE MAYOR
D
D
ITEM K:
ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM L:
DISCUSSION
1. Citizens (five minutes)
2. Council
EXECUTIVE SESSION - None Scheduled
ITEM M:
ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 18, 2004
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http: //www.ci.kenai.ak.u s
VICE MAYOR JAMES C. BOOKEY, III, PRESIDING
6:00 P.M. -- Board of Adjustment Hearing: Appeal of Planning &
Zoning Commission Denial of PZ04-02 -An application for an
Encroachment Permit for rear yard setbacks for th~ property known
as Lot 2A, Block 4, Inlet Woods b~ubdivision Jones Replat (1545
Windward Drive), Kenai~ Alaska. Application submitted by Tracy IV.
Jones, P.O. Box 2749, Kenai~ Alaska.
ITEM 1: CALL TO ORDER AND ROLL C,~IJ.
Vice Mayor Bookey called the meeting to order at approximately 7:02 p.m. in the
Council Chambers in the Kena/City Hall Building.
A- 1. PLEDGE OF ALLEGIANCE
Vice Mayor Bookey led those assembled in the Pledge of Allegiance.
A-2. ROLL CALL
Roll was taken by the City Clerk. Present were:
Vice Mayor Jim Bookey Linda Swarner
Blaine Gilman Rick Ross
Absent was: Joe Moore and Mayor John J. Williams
A-3. AGENDA APPROVAL
Mayor Will/ams requested the following changes to the agenda:
ADD AS:
ADD AS:
ADD AT:
ADD AS:
Pat Porter
B-l, Persons Scheduled to be Heard -- Robert Ruffner/Update On
Water Quality Monitoring and reminder of Bluff Erosion Workshop in
Homer, March 17-18, 2004.
1-6, Discussion -- Request for Letter of Support/Senate Bill 190,
Adding certain state-owned lands into the Kenai River Special
Management Area.
K-l, City Manager Report -- Kenai River Bluff Erosion Study
Project Status Report/Corps of Engineers.
Information Item No. 4 -- KPB Planning Commission Notice of
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 2
Public hearing for a conditional use permit application to construct
A 32-foot wide by 200-foot long boat launch ramp within the 50-foot
Habitat Protection Area of the Kenai River/Kenal Landing, Inc.,
Applicant.
MOTION:
Council Member Swanaer MOVED for approval of the agenda as amended and Council
Member Porter SECONDED the motion. There were no objections. SO ORDERED.
A-4o
CONSENT AGENDA
MOTION:
Council Member Swamer MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Council Member Porter SECONDED the motion.
There were no objections. SO ORDERED.
ITEM B:
SCHEDULED PUBLIC COMMENTS
9-1.
Robert Ruffner -- Update On Water Quality Monitoring and Reminder of
Bluff Erosion Workshop in Homer, March 17-18, 2004.
Mr. Ruffner reminded the council of the workshop to be held in Homer on March 17-
18 and noted there was room for several more participants. He added, there will be
expert presenters from Alaska, Oregon and Washington, and they will be visiting areas
prior to the workshop.
Ruffner also reported the ADEC were again requesting grant proposals and his office
would be submitting an application for funding for the Kenal River Water Quality
Monitoring program. He noted, if funding is not forthcoming, they will continue the
monitoring program to follow up on the amounts of fecal coliform in the lower and
middle river and the hydrocarbons from Beaver Creek to the mouth. They will also be
working with Kenai Landing and others interested in developing some kind of market-
based approach to use less polluting boats, etc. in order to help reduce the gas levels
in the river during the peak of the fishing season.
ITEM C:
REPORTS OF KPB ASSEMBLY, LEGISLATORS AND COUNCIL~
Assembly Member Olick reported on the actions taken at the February 17 Assembly
meeting. She also noted the March 8 special election relating to funding for co-
curricular activities by the Borough; their adopted federal Capital improvement list will
be taken with members of the Assembly to Washington, DC to be presented to the
congressional delegation; the aircraft flat tax ordinance will have its next public
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 3
hearing on March 16 and final hearing on April 6; and, the public hearing for the
Fandel trespass on borough property will be held on March 16 as well.
ITEM D:
PUBLIC HEARINGS
MOTION:
Ordinance No. 2034-2004 -- Increasing Estimated Revenues and
Appropriations by $8,200 in the Airport Terminal Enterprise Fund for
Engineering and Design Services to Expand the Passenger Holding Area.
Council Member Porter MOVED for approval of Ordinance No. 2034-2004 and Council
Member Swarner SECONDED the motion.
There were no public or council comments.
VOTE:
Booke), Yes
Porter Yes
Williams Absent
Gilman
lYes I Moore Absent
Yes Ross Yes
MOTION PASSED UNANIMOUSLY.
9-2.
Resolution No. 2004-09 -- Supporting the Addition of a Lobby and
Spectator Area to the Multipurpose Facility in Preparation for Use as a
Venue for the 2006 Arctic Winter Games.
MOTION:
Council Member Porter MOVED for approval of Resolution No. 2004-09 and Council
Member Gilman SECONDED the motion.
Bob Peters, Old Town -- Peters noted, he remembered the initial discussions were to
phase additions to the multipurpose facility and questioned what phase these
upgrades would be considered. Vice Mayor Bookey explained these upgrades were
recommended by the Parks & Recreation Commission and whether they would go
forward would depend on receipt of funding. Peters asked if grant funds are not
received through the federal government or the Arctic Winter Games, will it be an
option to do the upgrades anyway. Bookey stated he was not anticipating to vote to go
forward with the upgrades without grant funding.
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 4
Council Member Ross noted, these were recommendations from the Commission and
he considered the resolution to be exploring possibilities through the Arctic Winter
Games and their funding request to the federal government.
MOTION:
Council Member Ross MOVED to amend the resolution the "now therefore" paragraph:
Delete "the following"; delete all of Section 1; and delete the designation "Section 2:"
The paragraph would then read: "...it demonstrates the full support of the Kenai
Peninsula Borough and the Arctic Winter Games' efforts in lobbying for state and
federal funding to cover costs incurred in effecting..."
Then, delete "...the above-described" and complete the paragraph with
'...improvements to the City of Kenal Multipurpose Facility."
Council Member Gilman SECONDED the motion.
Ross explained, the resolution was exploratory because it is not known what level of
funding will come and council did not know for sure what the proposals of
administration will be to fit the recommendations made by the Parks & Recreation
Commission. He added, council is concerned what level of funding might be received
and what would be the continuing operating costs for such a facility and from where
the funds would come. Ross stated, it was on those bases he offered the amendments
to better demonstrate the council is exploring the concept and leaving its options open
for any future program or funding until actual results are seen.
Attorney Graves asked if the title of the resolution should be amended as well to reflect
his amendments to the "now, therefore" paragraph. Ross stated the opening
paragraph should also be changed to read...'...supporting the Kenai Peninsula
Borough and Arctic Winter Games' efforts in development of the multipurpose Facility
in preparation for use..." Council Member Gilman had no objections to adding that
change to the amendment.
Gilman stated he would speak against the amendment, though he agreed with Ross in
that he did not want to see any further City of Kenai funds go to capital construction
costs to the facility unless it is taken to a vote of the people. He added, he wanted to
make sure if there are additional costs in maintenance (after receiving federal funds
for the upgrades), they are borne by increasing the ice time so the facility pays for
itself.
Gilman added, he believed the purpose of the resolution was to give to the Arctic
Winter Games (AWG) what the community is requesting from the federal government.
He added, he believed the resolution should have stronger direction by including the
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 5
D
upgrades and projected costs for those who will lobby for funding in Washington, DC.
Gilman stated he believed the original draft of the resolution was exploratory, was not
mandatory upon the council, did not commit the city to pay for the costs if federal
funding is not received, and felt the resolution should be passed in its original form.
He would require the users to commit to paying increased ice costs to cover additional
maintenance and operations before he would support going forward with the
upgrades.
Ross stated he understood the resolution would be a part of a packet to be delivered
by the AWG. The resolution did not mention the $1.7 million in estimated cost and
only mentions the priority list recommended by the Commission. Bookey agreed.
Graves suggested, if council would consider the resolution in its original form, it could
be amended at "full support of the addition of a lobby" to state "full support of federal
funding of the addition of a lobby" as he thought it was a concern the resolution could
be viewed as supporting the lobby and additions regardless of the funding source.
Gilman stated he would prefer the suggested language of Graves as he wanted it to be
very clear to the AWG the city wants to go for a certain level of funding for these
additions. In watering the resolution down, he felt it wouldn't give the clear direction.
Bookey stated he would be concerned to include the dollar amount in the resolution, it
could be taken out of context and understood the city would make up the difference
from what is received in federal funding for the upgrades. Ross stated, once after
knowing the funding level and operating costs for upgrades, unless there was a
commitment from the users in covering the increased operating costs, it would be
difficult for him to support the upgrades. He added, the wording of the amendments
gives the city the option of whether to go forward with upgrades and continued
operating costs without having a resolution that has committed the city to going
forward with the upgrades without knowing the level of funding.
VOTE ON AMENDMENT:
Bookey
Porter
Yes Gilman Yes Ross Yes
Absent
D
Williams
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AMENDED MOTION:
Bookey Yes ] Swarner
Porter Yes Gilman
Williams Absent
Yes I Moore Absent
Yes Ross Yes
D
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 6
MOTION PASSED UNANIMOUSLY.
Resolution No. 2004-10 -- Emphasizing the Importance for the Alaska
Legislature to Provide Adequate Funding for the Alaska Department of
Fish & Game to Continue Essential Management of Alaska's Wild Fish
and Game Populations.
MOTION:
Council Member Swarner MOVED for approval of Resolution No. 2004-10 and
requested UNANIMOUS CONSENT. Council Member Porter SECONDED the motion.
Council Member Gilman objected to unanimous consent.
There were no public comments. Gilman explained he did not think enough
information or explanation was available at this time to know whether the cuts being
suggested would be appropriate or not. He added, he wanted to have an explanation
from the Governor or his administration relating to the suggested cuts first and did
not feel it was appropriate for council to act on the issue at this time.
Council Member Swarner stated she would support the resolution because the
commercial fishing industry is very important to the community and because the
council had always taken a stand for the commercial fishing industry. She added, she
believed that was the intention of Council Member Moore in requesting this resolution
be brought forward.
MOTION TO TABLE:
Council Member Gilman MOVED to table action on the resolution until the next
council meeting in order to get Council Member Moore's input and intent. Council
Member Swarner SECONDED the motion. There were no objections. SO ORDERED.
The resolution will be brought forward again for consideration at the March 3 meeting.
D-4o
2004 Liquor License Renewals --
· Little SM-Mo Drive In -- Restaurant/Eating Place
· New Peking Chinese Restaurant -~ Restaurant/Eating Place
· Upper Deck -- Beverage Dispensary Tourism
Approved by consent agenda.
ITEM E:
COMMISSION/COMMITTEE REPORTS
E-1. Counc/l on Aging -- Swarner reported the First Annual Senior Olympic
Games would be held at the Peninsula Center Mall on February 26 and 27.
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 7
D
E-2. Airport Commission -- Airport Manager Cronkhite reported the meeting
summary would be included in the next packet and the Air Fair date has been set for
May 22 and committee meetings were being scheduled.
E-3. Harbor Commission -- Bookey stated the next meeting was scheduled
for March 8.
Library Commission -- No report.
F-,5. Parks & Recreation Commission -- Ross reported a special meeting was
held on February 5 and the meeting summary was included in the packet. The
Commission addressed only the multipurpose facility up~rade issue.
E-6. Planning & Zoning Commission -- Bookey reported the Commission
approved a setback and held a work session with Attorney Graves relating to a draft
adult entertainment ordinance.
E-7. Miscellaneous Commissions and Committees
E-7a. Beautification Committee -- Swarner reported the meeting summary
for the February 10 meeting was included in the packet.
E-Tb. Kenai Convention & Visitors Bureau Board -- Ross reported the new
director had arrived and started her work at the Center.
E-7c. Alaska Municipal League Report -- Swarner reported she would be
participating in a Economic Development and Land Use teleconference on Monday,
February 23.
E-7d. Kenai Chamber of Commerce -- Executive Director Canady reported on
activities taking place at the Chamber.
E-7e. Arctic Winter Games ~- Bookey reported he attended a meeting prior to
the council meeting. He will be leaving February 24 for the Games at Wood Buffalo,
Alberta, Canada. He will return late on March 3 and will miss the evening's council
meeting.
ITEM F:
F-1.
ITEM G:
ITEM H:
MINUTES
Regular Meeting of February 4, 2004 -- Approved by consent agenda.
CORRESPONDENCE -- None.
OLD BUSINESS
D
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 8
Discussion -- KPB Ordinance No. 2004-03, Author/zing the Sale of
Approximately 0.25 Acres of Land to Herman and Irene Fandel to Resolve
a Long Standing Trespass on Borough Land Located Within the City of
Kenal.
Assembly Member Betty (~lick -- Glick reported the borough's ordinance was
introduced on February 3 and would receive a public hearing on March 16, 2004. She
explained, her first involvement with the issue was in September/October of 2002
when a ordinance was on their agenda for introduction. After reading it, she
requested it be removed from the consent agenda. She noted, the wording at that
time, stated it was an "unintentional trespass," however the background information
included with the ordinance indicated the Fanders had been notified in 1995 by letter
they were in trespass. No action was taken by the borough to that regard and the
2002 ordinance was failed.
property.
as one piece.
build on it.
Glick stated, at this time;
· Fandel's are requesting to purchase 11,000 sq. ft. of the 28,000 sq. ft.
encroachment.
· The Borough Planning Commission unanimously voted not to
recommend the sale of the property.
· The 28,000 sq. ft. (including the encroached property) is currently for
sale by the Borough.
The sale of the 11,000 sq. ft. will not impact the sale of the adjoining
She received suggestions the whole piece of property be put up for sale
A drainage easement does exist on the 11,000 sq. ft. and no one can
· The Borough Mayor is in favor of selling the property.
· The fair market value is $12,200, based on the square footage of Lots 1 &
2, Block 4 of Inlet View Subdivision, First Revision.
· A temporary land use permit was issued to Fanders for June 1, 2000-
May 31, 2001. In the Fandel application, it is stated they were continuing to use the
property without borough authorization.
· The borough will have to spend funds to evict, as will advertising the
property for sale.
Ghck noted, options for the Assembly were to authorize the sale; not authorize the
sale; and, ff not authorized, go forward with an eviction from the land. Glick
requested guidance from the council as to the KPB Ordinance No. 2004-03.
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 9
D
Ross stated, the council requested an investigation of whether, when the city initially
sold this land to the borough, there were any restrictions on the deed as to the use of
the property (whether it was to be used for only educational purposes). He noted,
information included in the packet indicated there were no deed restrictions noted
with the transfer of the land. He added, he was not interested in the council taking a
position on the issue with this finding. Ross stated, he didn't think the city should
take a stand on an issue that is between the borough and the person encroaching on
the property.
Porter stated her agreement with Ross, however was concerned that since 1975, the
property has been utilized and no taxes were collected. She added her concern the
borough did not have an ordinance in place to penalize trespassers, no matter where
in the borough the land is located.
Glick stated there are provisions in the KPB code relating to encroachment issues and
she agreed with the concern no taxes had been received for use of the land. She
added, her intention is to bring up the issue of back taxes on the portion of the
property being used.
Council took no action on the issue.
BREAK TAKEN: 8:19 P.M.
BACK TO ORDER: 8:35 P.M.
ITEM I:
NEW BUI/~INES$
Bills to be Paid, Bills to be Ratified
MOTION:
Council Member Porter MOVED to pay the bills and Council Member Gilman
SECONDED the motion. There were no objections. $O ORDERED.
Purchase Orders Excee~llng $2,500
MOTION:
Council Member Porter MOVED to approve the purchase orders exceeding $2,500 and
Council Member Gilman SECONDED the motion. There were no objections. SO
ORDERED.
Ordinance No. 2035-2004 -- Increasing Estimated Revenues and
Appropriations by $5,000.00 in the General Fund for a Grant for Police
Training.
C
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 10
Introduced by consent agenda.
Ordinance No. 2036-2004 -- Amending KMC 1.90.040 by Adding KMC
1.90.040(c) that Imposes a Limit of Three Three-Year Terms Upon
Serving on City Commissions or Committees Except for the Planning and
Zoning Commission.
Introduced by consent agenda.
Approval -- Extension of Construction Schedule/Lot 8, Block 2, Cook
Inlet Industrial Air Park
City Manager Snow reviewed the memorandum included in the packet, noting the
lessee of the property was requesting an 18-month extension of the construction
completion date. She added, the lessee was close to completing a lodge on adjoining
property she owns. It is the lessee's plan is to provide additional lodging facilities on
this lot.
MOTION:
Council Member Porter MOVED to amend the lease to extend it through June 9, 2006
and Council Member Ross SECONDED the motion. There were no objections. SO
ORDERED.
Discussion -- Request for Letter of Support/Senate Bill 190,
Adding Certain State-Owned Lands into the Kenal River Special
Management Area.
Bookey referred to a letter of request from Senator Wagoner for a letter of support
relating to Senate Bill 190.
MOTION:
Council Member Gilman MOVED to send a letter of support and Council Member
Porter SECONDED the motion. There were no objections. SO ORDRRRD.
ITEM J: REPORT OF THE MAYOR -- Vice Mayor Bookey reported the
following:
· He will attend the 2004 Arctic Winter Games in Wood Buffalo, Alberta,
Canada from February 24-March 3.
· He will attend the coastal workshop in Homer on March 17 and 18, but
plans on attending the March 17 council meeting.
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 11
D
.ITEM K:
ADMINISTRATION REPORTS
K-1. City Manager -- City Manager Snow reported the following:
· The latest update from the Corps of Engineers relating to the bluff
erosion project was added to the agenda at Item K- 1. She noted the sedimentation
study is to be completed in March, 2004 and the main report will be prepared in April
and scheduled for completion in July, 2004. She will check with regard to a more
specific review schedule.
· Referred to cost information, etc. relating to the pay station shacks for
the dip net fishery which was included in the packet. She noted, the cost of the
shacks was estimated to be about $2,000 from this year's budget and staffing will be
about $4,000 in overtime costs.
Swarner asked if DOT had been contacted with regard to clearing of sidewalks along
the highway and/or trading duties. Public Works Manager La Shot reported DOT had
been cleaning sidewalks during that day. Snow reported Public Works Manager
Kornelis contacted DOT and no information was received relating to trading duties.
Snow also noted, there was some misunderstanding in the community the city was
charging people to participate in the dip net fishery. She explained, the fees are
collected to pay something toward the administration and enforcement of regulations
imposed on the city by the State for the fishery, future improvements, parking, porta-
potties, etc.
K-2. Attorney -- Attorney Graves referred to Information Item No. 4, a notice
of public hearing by the Borough Planning Commission relating to a conditional use
permit application from Kenal Landing, Inc. to construct a 32-foot wide by 200-foot
long boat launch ramp with/n the 50-foot Habitat Protection Area of the Kenal River.
Graves explained, comments would be accepted to March 19, 2004 and asked if
council wanted a letter or resolution in support or against prepared for council's
consideration at their March 3 meeting. Porter suggested a letter of support be
prepared. There were no objections from council.
K-3o
City Clerk -- No report.
ITEM L:
DISCUSSION
L-1. Citizens
Kristine Schmidt -- Stated she was speaking in opposition to Ordinance No. 2036-
2004, term limits for commissions/committees. She requested the ordinance be
tabled in order for members of the commissions and committees to submit input on
the ordinance prior to the council taking action.
D
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 12
Larry Semmens -- Spoke as a parent of a middle school student who participated in
an all-Peninsula cross-country skiing activity at the city's trail on the golf course. He
thanked Parks & Recreation Director Frates for his efforts in grooming the trail for six
hours prior to the activity.
M-2. Council
Swarner -- Noted she had family members using the cross-country trail during
the Christmas holiday and they also spoke highly of the groomed trails.
Porter -- Questioned the request for storage space for library books. Snow
explained, they are used books stored until the Friends of the Library tent sale. She
had requested suggestions from staff, etc. for another storage area as the Economic
Development District would no longer be able to offer storage space.
Gilman -- Requested a work session be held for council to discuss the city's tax
policy as he felt it was important to hold the discussion prior to the April budget work
sessions because the outcome of the discussion could affect the budget. Due to
council members schedules, it was agreed the topic should be included on the March
3, 2004 council meeting agenda for discussion.
Ross -- Gave an overview of the teleconference discussions he has been
participating in relating to the Municipal Advisory Group established under the Alaska
Stranded Gas Act. He noted, the Group was reviewing the two proposals submitted to
the State. He stated, concerns he registered at their last meeting were addressed, i.e.
neither of the two proposals have consideration for a spur line to south central nor do
they provide any economic consideration for use of in-state gas if a spur line is built.
He noted, the Commissioner reported those were subjects of negotiation between the
state and the proposers and they will be dealing with them. Ross stated he also asked
if it was within the scope of the Group to consider any economic impacts to south
central Alaska if a spur line is not part of the original project either increased costs, if
built later, or in economic losses if it is not viable as a stand-alone project in the
foreseeable future. The indication was those issues would be considered for the scope
of the impact study that will be conducted.
Ross also noted he would be participating in future discussions on February 27,
March 3, 10, 17 and additional meetings as required. Ross also referred to
information relating to a lunch meeting in Anchorage on February 27 and asked if
council had any objections to his attending the luncheon. There were no objections.
Bookey -- No comments.
EXECUTIVE SESSION - None Scheduled
KENAI CITY COUNCIL MEETING
FEBRUARY 18, 2004
PAGE 13
ITEM M: ADJOURN.~MENT
The meeting adjourned at approximately 9:00 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
BOARD OF ADJUSTMENT HEARING
FEBRUARY 18, 2004
6:00 P.M.
KENAI CITY COUNCIL CHAMBERS
BOARD MEMBER JAMES C. ~OOKEY, III PRESIDING
Appeal of Planning & Zoning Commission Denial of PZ04-02 -An application
for an Encroachr~nt Pe, ,dt for rear yard setbacks for the property knov~ ~s
Lot 2A, Block 4, Inlet Woods Subdivision Jones Replat (1545 IVind~rd Drive},
Kenai, Alaska- Application submit~ted by Tracy IV. Jones, P.O. Box 2749,
Kenai, Alask~
Board Members Present:
Board Members Absent:
Staff Present:
Jim Bookey, Linda Swamer, Pat Porter, Blaine Gilman, Rick
Ross
John Williams and Joe Moore
City Clerk Freas, City Manager Snow, City Attorney Graves,
City Planner Kebschull, and Public Works Manager Jack La
Shot
Board Member Bookey opened the Board of Adjustment Hearing at 6:00 p.m. and
reviewed the information memorandum from Attorney Graves which was included in
the packet. Bookey noted, wh/le two of the seven members to the Board are absent,
they may st_ill participate in making a decision on the matter after listening to the tape
recording of the hearing and review of the hearing verbatim. Bookey opened the floor
to comments:
Tracy Jones:
Tracy W. Jones
Clerk: Do you solemnly swear or affnma the testimony you are about to give in
the case now before this board to be the truth, the whole truth, and nothing but the
truth, under pain and penalty of perjury?
Jones: I do. I guess all of you have a copy of the stuff that I got in the mail. So,
if you, I guess you've read it. If you haven't, you can...first thing I'd like to address is,
before I get to some of my other stuff that ah, the last heating we had
explained to me is this, David Dickerson, is the only person that's been malting
complaints at all and since then, he's not here now and I haven't been able to get a-
hold of him. He went out of state. He's recanted a little bit about it
being so bad and I don't think he's feeling the same way.
Page 6, you can see where he makes a comment almost at the end of his statements.
'Dickerson replied, a building, a building five feet from his property line was not ideal,
but he would not, but it would be acceptable as long as it is to code" which he's
talking about the building code and and ah, and another comment
he made at the first paragraph on that page, he made a comment it would cast a
shadow on his lot. Well, the building lots face north and the sun doesn't even come
into play as far the sun casting any kind of a shadow. That's one comment I was
wanting to address. There's no trees out there causing any kind of a shadow
· So, I just wanted to address that.
That would really be the biggest argument and I do want to reiterate, he does not have
a building, a house, or any structure on these lots and they're so on these
property didn't get built a house in the lot. Most of the lots in the subdivision are real
small, so most of us that's bought in the subdivision are had to bought two lots or the
people that's built there, they bought the largest of the small lots. So, that's the only
way people can actually use these lots and, so I built on this
Ah, one other thing, other than that, there's just about every one that I could catch at
home, everybody on different shifts and stuff, about the 300 foot area of my home and
what that might affect and I got a little, can I just give it to somebody to look
at it. It's a petition that I sent around to my neighbors or hand-carried it around and
they were aware of the building and what it looks like and they've signed it, saying
that they don't have any objection to the building and it doesn't infringe on their
property values, doesn't hurt anything as far as sight bad. In fact, most of them
like it. It matches the home. My house is one of the larger homes in the neighborhood
and it adds value to other homes' property.
I had the misfortune of not some of these setback rules, but after I found out that I
needed a building permit and I already started my , it was too late
because I did build a pretty good sized little storage area. And also, I had the
misfortune of , when you buy corner lots, you have 25 foot setbacks on
each side of the street, so it forces me back in the corner of my property. So, those
were disadvantages for me also.
I also found in the building regulations, 14.20.190 of principal structures, in
paragraph (b) that the distance between buildings on a lot, detached dwellings or other
main buildings, should be less than six feet from the other detached dwellings or main
buildings on the same building site. What this is saying is you, you can understand
my reading of it is, I can't bring that building in any closer than six feet with my
overhang or whatever, they consider the overhang and so my building's twenty feet, so
when I came back from my side property, if I turn the building or try to move it in any
way, I'm going to be right, right at that point, so I'm going to infringe on that one also.
So, I'm going to have a little problem with that.
I went into this area because the, we're supposed to protect our area and not cut down
trees. My, I know the co~mission doesn't recognize your covenants in your
neighborhood and things, but you know, it was a Catch-22 ifI cut down too many
trees I was breaking the covenant rules, and if I try to build a building a certain right,
a certain size, I'm breaking you-all's rules and so I tried to mi~irn~.e my damage to
trees and some of them were bad trees anyway, we're allowed to cut down. So, I put it
in a nice area in my lot that I could squeeze in and I read somewhere in my covenants
where I thought there was a five foot setback and I said, well, if I stay five foot from my
property, I'll be, from any property lines rll be all right. Then I found out later that we
had this rule. I don't know when that came about because a lot of the subdivisions
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 2
C
have storage buildings built right on the property lines that are not quite as big as
mine, but they're pretty good sized. They're bigger than 120 square foot building that
rm saying, over here in my subdivision out in Inlet Woods, what is it? Another
subdivision...
Member Swarner: Inlet View?
Jones: Inlet View, thank you. Inlet View, that's an older subdivision, but they
do have some storage buildings and they're fight on the property lines. Well, I had, I
had, I have no, I couldn't believe it that now I'm getting in trouble because I wanted to
build on my property. So, and I was really surprised that we had a twenty foot
setback on the property lines you know, in a subdivision. That's been hard, that's
pretty hard, that's pretty unheard of in other places where rye built homes and stuff.
Especially for storage buildings and out buildings. Dwellings, yes. We had property
lines we protected for infringing and hurting the neighborhood. That took away, now I
bought those two lots, and they were expensive, in that neighborhood they were
expensive, I lot a third of my property with a twenty-foot setback. I can't do anything
back there with that property if this you know, comes about. So I lost all that land.
So, I've been pushed back to a spot that I can't use some of my other property and
then, just to put a little storage building out there, I've broken this 20 foot setback.
It's unbelievable. I just couldn't believe it.
So, anyway, that's just another point I just wanted to put out, I'd be real close to
breaking that little rule too ff I had to move my building. Ah, I've made some
photographs that will help you understand what rm trying to get cause a lot of you,
you don't get, probably don't get to get out there at my property, and as you turn these
pictures, we're starting at the front of my house and we're going to the right and on
around the house, okay, as you turn and look at them. Okay, and you'll get to see the
pictures of, I get a good picture of what and where it's located. And the building is
quite tall, but it does fall in whatever the building inspector said it, the rule that it fell
in, and it's also quoted in this, the notes here too. I have a window, but it does have
that loft-like look to it.
As you look from, these pictures will show you, when you look from his property, the
lot that's beside of me, the trees that I tried to protect to save, and it shadows the
building and my house fairly well. So, it really makes it, it's very esthetic, very
pleasing, and I don't know why anybody wouldn't want to leave it just where it's at
instead of making me move it because, just like Mr. Eldridge stated in that statement,
he said why would you want to make Mr. Jones, he could move it ten and a-half feet
closer, I can move it actually closer to his property line, cause I stayed away 15 feet
from the side because I'd have to cut down some more trees and it would esthetically
be more pleasing and I stuck it up in the corner where he bought the other lot that
runs, he's got a lot that runs parallel to mine and then another lot that comes in like
this and elbows out like that and I'm in that far corner and we're talking about a piece
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 3
of property that's from about this desk to somewhere right in here, about 30 feet that
is infringing on his property. He can't even use it for anything. He's got about that
much space on the back of that lot that runs along and he's got trees and stuff that's
in that property right in there and ah, I don't know exactly why he's created such a
problem for me, but that was the only argument that I was too close, but then again,
he said, he wasn't that upset about it after he talked about it. The pictures will help
more than anything as you look at them.
Do you have any questions for me?
Bookey: Yeah, when you're done I'm going to be calling for the board...
Jones:
Okay, that's all
Bookey:
Linda?
Okay, thank you. Does the board have any questions for Mr. Jones?
Swarner: Thank you. I drove by your house today and it's a very nice house. And
also, looked at your storage unit from the street and was rather surprised at the size of
it. It's very tall. One of the things that concerns me that you started the structure
without the necessary building permit. You said you had talked to your builder and
he indicated you didn't need a building permit. Is that correct?
Jones: Yes and I went to ah, he also recommended this certain person to build it
for me and they basically should have known the setbacks for me and they didn't and
I blame myself, I should have known it too, but...
Swarner: It's not the setbacks that I'm concerned about. That the contractor and
the other person didn't tell you was that you didn't need a building permit.
Jones: Right. Well, I was really shocked about that because the storage building
I didn't think too much about, you know...
Swarner: Who was your contractor?
Jones:
Mike Hill was the boy that was going to build the building for me.
Swarner: And who was your contractor for your house?
Jones: Hall's.
Swarner: Okay...
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 4
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Jones: Mr. Hall didn't tell me that I didn't need a building permit, building,
building. He just recommended this other boy to build my...which I think he's
stepson.
Swarner: Okay. Well I, I, I'm very concerned about that problem. And...
Jones:
I don't think he's in business anymore, so...
Swarner: Okay, well that's good. Did you, and also...
Jones: ...that's why I fired him too. He wasn't adequate. He got me already
started, so I was already in delay myself.
Swamer: Okay, it says here too that your plan, you didn't show your plans to an
engineer or the building inspector. Is that correct?
Jones: I brought it up when I was inquiring to get by building permit and they
looked at everything, yes.
Swamer: And, and it was adequate for a single story?
Jones:
That's what he told me.
Swarner:
correct?
Okay, I guess I have a question of then the planning department. Is that
Kebschull: Based on the drawings that Mr. Springer preliminarily reviewed, he
believes it would satisfy that, but after, because there were no inspections and
because of the size of the structure, he's not sure now. He believes that if, if and when
a building permit is issued, he's going to have to determine height and whether or not
it does satisfy the requirements for a single story. The drawings are, as you can see,
are hand done, so it's, it's difficult. And there's been no building permit issued to
date.
Swaraer: Another question, Marilyn is, what, if the building, if the storage building
had been built on, okay, say that the two lots were now joined. The house, there was
a smaller house on, on the lot that's in the middle of the block and the storage unit
was on that lot, just by itself, would it be, would it still be a problem.
Kebschull: No, you can't get a permit for an accessory structure without a principal
structure.
Swamer: Okay, ~vell, just pretend that the house is on, on the interior lot, without
the corner lot, just facing one side, one street.
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 5
Kebschull: Then it would be considered a side setback and if it was a single story, it ~
would only require a five~foot side setback.
Swarner: Well, I guess to me, visually, it doesn't look like it's a one story. That,
that's part of my problem.
Jones: Well, there are certain rules that, that, just because it doesn't look, now,
that's a nine/twelve pitch. It's a real tall pitch, okay...
Swarner: Oh I, I saw that...
Jones: ...but, but that doesn't mean there's working storage at that point, I
mean, you know, I can build it really tall looking, you know, my house is two stories
and it's not my house. Yeah, my house is, you know, really big, then you have a, that
you know, the roof above your two stories. If I had two stories, that building would be
as big as my house, see? That's why I took the pictures so you could see, it's not two
stories. It's not as big as my house. Yeah, it's got a, it's sharp, it's tall and stuff, but
there's one aspect of this that's, that maybe is getting overlooked is I fall in the
setbacks of even a two story. I'm within my fifteen feet of the side. There is no
problems of the side of my property. The only problem is the 20-foot setback rule,
which I think shouldn't even been implemented, I mean, we shouldn't even have a 20-
foot setback in our properties. Sides? I can, I concur with that of saying, that yes,
probably we got to manage our properties left and right cause houses will infringe on
each other some times, but a storage building on the back of your property, you
should be able to go pretty close to your property line and that's the only problem I'm
having. I fall within the guidelines of the sides, whether it's tall or short or whatever.
It didn't matter what size my building, except for the, the five-foot rule and I fail within
the five foot rule, you know, with the single story comment that the engineer made
after I told him about the property. He saw it. Somebody's gone out there and looked
at it. I know, there've been tracks around my thing -- somebody's come up there on
the property.
Swarner: It wasn't me...
Jones: ...and you know, which I don't care. I, I'm not hiding anything. I'm, you
know, I had the thing, I measured it and told exactly the measurements, I didn't try to
hide or lie or any of that stuff. It's exactly what I said it is. I just feel sad that my
property, I can't use my 20 feet of my property. It's, you know, it's just crazy. I've lost
20 feet. Who made these rules? I tell you, it's really sad and I'm not the only one.
Everybody that's, when I brought it to the attention of the neighbors, they didn't really
re~li~.e it. They forgot it or they just, you know, or they just wasn't aware of it, so ~rn I
in trouble? I built, no, I said, you're building's all right. You built a little bitty, but I
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 6
C
said, I built a larger one and that's the only problem is the 20-foot setback. Not the
side. I'm in that, that's by accident. I just hadn't .....
Bookey: I think we understand that part of it. Is there anybody else. Board
Member Porter?
Porter: I just have a comment. I want you to know I too drove by there and
looked around the property because I know some of us didn't. But I do
have a comment for administration. Having just built a house myself, we, when a
person comes in and gets a build, particularly for a house, when a person comes in
and gets a building permit to build a home, do you, is there any kind of information in
a little package you give out that talks about possible storage? Because, even when I
was going to build my house at the time I was thinking, gee, maybe I could use some
more storage and put up another little out house kind of, out some place. Is there
anything that pre-warns them of that? Do you understand what I'm talking about?
Kebschull: On the building permit packet it does state that structures over 120
square foot require a building permit and so that structure could be in a storage
building, yes.
Porter:
Yes. Up over 120 feet?
Kebschull: Yes.
Jones: Square feet.
Porter:
Square feet, right.
Jones: It'd be a ten by twelve building. It's a linear built building and they don't
give you that when you get your, when you go in to build a house. With Mr. Hall I got
it. I didn't get anything like that. I didn't get any paperwork and when we closed, all I
got was my properW deed and things like that. I didn't have a, this thing right here.
You get this right here from the City of Kenai when you purchase the lot from the City
of Kenai. Okay. If you go in there to buy them, the contractor basically can get this
cause he's the one to buy it and then work it in the loan or whatever, you know. But,
I didn't see this until I went over one day and was asking questions and found out
about all...
Porter:
So your contractor got that book.
Jones: Yeah, he probably got something and it's his responsibility to tell me
these things too, you know, but...
Bookey: Board Member Gilman.
C
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 7
Gilman: I just have some questions I'd like to just kind of clarify the record and
it's more toward the administration. Well, I guess for the party as well, there's no
doubt here that an encroachment exists. Is that right?
Kebschull: Correct.
Gilman: And, this encroachment doesn't encroach upon the federal, state, or city
right-of-way utility easement?
Kebschull: Correct.
Gilman: And the issue of the encroachment permit will not authorize the use
which is not a principal permitted use in the zoning district in which the property
located?
Kebschull: It's not a principal permitted use. It's an accessory.
Gilman: But, in other words, it meets that requirement.
Kebschull: It's an accessory to the principal use. It's not a principal use. You could
not build that structure on a lot by itself as a principal structure in a residential zone.
Gilman: Let me go back to the question. I mean, one of the requirements I
understand for an encroachment permit is that the issuance of the encroachment
permit is not authorize the use which is not a principal permitted use in the zoning
district in which the property is located. So, in other words, if we issued this
encroachment permit, then it would be, it would be an authorized use, right? If, if it's
the type of structure that you could build...
Kebschull: Because there's a, the way I interrupt that, and this would probably be a
question for the attorney, because, because there is a principal structure on the lot, I
would consider a permitted use.
Gilman: Can I ask the attorney for a clarification in that requirement please?
Bookey: Sure.
Graves: Yeah, you can authorize a variance for a accessory building in the
setback zone as a, as a principal permitted use if, if there's a house there. Does that
answer your question?
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 8
C
Gilman: Well, I 'm just making sure, you mean, before we even go into this
analysis of whether we can issue this encroachment permit, there's four requirements
that have to be met.
Graves: Right.
Gilman: And it's my understanding that requirement number three is met in this
particular situation. That, that's not a contested issue here.
Graves: I think that's correct. Yes.
Gilman: And, number four is the encroachment is not located across a platted lot
line, is that correct?
Kebschull: That's correct.
Gilman: I don't have any more questions then.
Bookey:
Swamer.
Thank you. Any other questions from the board? Board Member
Swarner: Thank you. So is it correct that you didn't purchase the lots directly
from the city, but your builder did?
Jones:
them.
No. I purchased my lots, actually, from a, from a individual that owned
Swamer: Oh, okay. Thank you.
Jones:
I didn't have anything...
Swarner: Okay, well, I guess I would like the administration to attach, when
someone comes in to purchase lots, information about building permits to them, such
as storage units.
Bookey: Any other questions? Any other comments? Mr. Jones, we got...
Gilman: I have just one more. What do your covenants provide? Do they provide
any setbacks?
Jones: I mentioned a five-foot setback on one of the covenants, but you know,
let's see, a setback, there's an opinion on the five foot single or
two story, ah, that was the only thing in this right here... No, there's, I don't see
anything on the other one. The only five foot I was talking about was when they called
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 9
it a single and that's what the building, your inspector called it a single and went to
five foot and he went for five foot and that's where I'm at with five foot. That's where
that came from. The biggest thing for me was clearing out our, our restrictions in the
subdivision and the lots, clears all the trees, can't clear cut the trees or cut things
down that are not part of the dwelling. You know, you can't go on and just clear cut.
You can cut other clumps of trees down even a garage or building, but a they real
strict on that too, but I got mine in and you can see them around a bunch
of trees.
Gilman: Now you, you had a number of signatures from the petition, you know,
from the petition that you presented and I'm assuming these are people who have
homes ...
Jones: Oh yeah, yeah, they're all, all those people are on the list are the people
that they mailed out, you know, the names that you got, are the ones that I could get.
One, one, they're all right in front of you right to close to me. You can throw a rock at
them, you know, and, basically Mr. Howard, first name's Howard, can't think of his
last name, he's directly right behind the building. He has four though, you know, if
he's a problem with it, but he has no problem, he's right diagonally from me. He's
fight behind the comer of the building. He's got a little home that sets right there. He
signed it. He didn't have any problems but, everybody was pleased with the esthetics.
It matches my home. You liked it? It was all right, looked good?
Porter: It looks good.
Jones: Yeah, yeah. I just have a problem and it's going to be very expensive ifI
have to move it and ifI have to move it, I'd have to cut down more trees and I just
don't want to. It's a mess. I just, you know, . My wife's an artist and
photographer and she's got a lot of stuff to store and I had to build a nice building,
that's all. Have any questions I can answer?
Bookey: I, I, the board is comfortable with the questions and answers at this
point? You stated basically everything that probably needs to be stated at this point.
If there's not anything else we can close the hearing and what will happen will be...
Board Member Ross.
Ross: I have a question for the admiuistration. Marilyn, have you had any
contact from the individual that appeared, the neighbor that contested it before the,
has there been any subsequent contact?
Kebschull: I had contact with him prior to him submitting the letter to the Board of
Adjustment and I recommended that they speak with Carol because they were
concerned about being out of town and I have not had any contact since that time.
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 10
Jones: Excuse me._and I've made, I've tried to make contact with him too.
Made three phone calls to address the matter. I said, if you have any objections would
you please call me and let me know because I'm going to the hearing thinking that you
really don~t have a problem with it, but because of his last statement, the two
are on that document there that he...
Ross: Thank you.
13ookey: Mr. Jones, these have been submitted as a record and the petit/on so you
can probably have these back after the decision, but we would like, the attorney would
like to keep them until after that.
Jones: That's £me, that's what I thought. Anything else that I've got, you've,
you've got it right there in the record.
Bookey: Okay, thank you. At this point, what will happen, the board will make
the decision within the next thirty days. The decision will be, the findings of the
decision will go on the website and...
Jones:
I have to wait for thirty days...
Bookey: Hopefully, maybe it won't take quite that long, but so you remember and
our understanding, you do have the ability to appeal it to the Superior Court if you
don't like the decision..
Jones:
Well, thank you for hearing me.
Bookey: Okay, thank you. So, with that, we'll close this hearing. Thank you.
Hearing closed at 6:30 p.m.
Verbatim transcribed and prepared by:
Carol L. Freas, City Clerk
BOARD OF ADJUSTMENT HEARING
APPEAL OF TRACY W. JONES
FEBRUARY 18, 2004
PAGE 11
Page 1 of 1
Carol Freas
From: Carol Freas
Sent: Monday, March 08, 2004 9:12 AM
To: 'Denise Reece'
Subject: RE: Commissions & Committees Ad
Hi Denise,
Thanks for the reminder. I couldn't remember if we were final or not. 5o,
here's the ad again. The dates to publish are 3/10, 14, 24, and 28. It may be
too late for the 10th now. ~rf so, let's do the 12th, 14, 24, and 28. Thanks
again.
..... Original Message .....
From= Denise Reece [mailto:denise.reece@peninsulaclarion.com]
Sent= Monday, March 08, 2004 8:48 AM
To= Carol Freas
Subject.. Commissions & Committees Ad
Received your PO for the above ad, but can't for the life of me
remember if we set dates the dates for sure. Of course I didn't
write down the ones we discussed. Hopefully you are still
working on which dates to publish and I'm not as forgetful as
I think I am. Denise
3/8/2004
Memorandum
Date:
To:
For:
From:
February 26, 2004
Linda L. Snow, City Manager
March 3rd Council Meeting
Klm Howard, Assistant to the City Manager
Lease Application, John C. /h Marie L. Parker/~ 20/20
International, Inc. - Lot 11, Block 1, F.B.O. Subdivision
A lease application for the Parkers and 20/20 Intemational, Inc. was approved last fall for Lots 5
& 6, but they reconsidered and withdrew their application for the lots. They have now
submitted a lease application for the above-referenced property. The lot is located on N. Willow
Street at the Gee Bee Avenue intersection (just south of the tower). They are proposing a 15-
year lease. The purpose is to construct a hangar and the estimated construction cost is $75,000.
KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount
of investment in improvement proposed and made, and the nature of the improvement proposed
with respect to durability and time required to amortize the proposed investment. The FAA has
agreed that the City may apply the criteria used by the State in 17 AAC 45 for their airport
leases. This application meets the criteria that allows for a 15-year lease for a $75,000
investment. Prior to leasing, an appraisal must be approved by the Federal Aviation
Administration.
At their meeting on February 12th, the Airport Commission determined the intended use
complies with the Airport Masterplan and recommended approval. On February 25th the
Planning and Zoning Commission determined the intended use complies with the zoning
ordinance and Comprehensive Plan of the City.
KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the
lease application submitted by 20/20 International, Inc. and John C. & Marie L. Parker,
Individually, an appraisal will be ordered.
Cc:
John & Marie Parker, 20/20 International, Inc.
Rebecca Cronkhite, Airport Manager
Attachment
CITY OF KENAI
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
(907) 283-7535 Ext. 223
LEASE APPLICATION
Name of Applicant John C. & Marie L. Parker
Address 908 Highland Ave., Ste. #1 - Kenai, AK 99611
Business Name and Address
Telephone
20/20 Internationale
(same as above)
(907) 283-3007
Inc.
Kenai Peninsula Borough Sales Tax No. (if applicable) N/A
State of Alaska Business License No. (if applicable) N/A
LegalDescription Lot 11, Block 1, F.B.O. Subdivision Plat #78-225
Pu~ose of Proposed Lease Aircraft Hangar
Term of Proposed Lease 1 5 years (or more)
Description of Proposed Development (type, construction materials, size, etc.)
See attached site plan and building description
Date ~_~__~ime fi./~'~ a3
Signature /~ ..'.~ .~
Time Schedule for Proposed Development * Beginning Date 5 / 0 4
· Completion Date (maximum of two years)
5/06
Estimated Value of Improvements $ 75,000
APPLICANT'S SIGNAT~ ~
APPLICANT'S SIGNATURE:
2
Date: z/3 /09~
Date: ' '/~//' /
C
CITY OF KENAI
LEASE APPLICATION CHECKLIST
(All items must be completed before application can be accepted.)
Attach a development plan drawn to scale. Drawings do not need to be prepared by an
architect or engineer. Show the layout of the lot and the location of alt proposed
improvements. The drawings also need to show the following.
1. Existing buildings
2. Proposed buildings X
3. Parking facilities (how many spaces and location) x
4. Site improvements
· Areas to be cleared and method of disposal X
· Proposed gravel or paved areas x
· Landscaping plan
(retention of natural vegetation and/or proposed planting areas) X
5. Building set backs ~ ~ /--'~'"~~ X
6. Drainage plan and method of snow removal X
7. Circulation plan (all entrances, exits and on-site access) x
8. Location of sign(s) - sign permit required lq/A
9. Fencing - permit required if height is over 6' x
10.Curb cuts (where applicable) lq/A
1 I. Building height x
12. FAA Form 7460 Notice of Proposed Construction
(For construction of buildings on airport land. This form is to be submitted
to the FAA by the applicant. It can be downloaded from the FAA website
htt0://www.alaska.faa.~ov/a rports. The site has a menu for forms.
3
X
CITY OF KENAI
LEASE APPLICATION - CONDITIONS OF ACCEPTANCE
(To be completed by the CiW)
Kenai Peninsula Borough Parcel No. ~ r'Z'_~- .~0 -//
Permits Required:
· Conditional Use Permit
* Landscape Review
* Building Permit
· Sign Permit
Assessments /V~# ~.
Required
Insurance
Limits
Construction must begin by
Completion date for major construction
Planning Commission Approval
_
CitvCoune~
By:
City Clerk
Date of Approval:
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
4
I I
14'
1 00'
2§~
:~i'~' ,: ,-~:~:"
· 11.1.. S, ,_N..~ l',~
~ -. /,S-~.,i.
7." .-. '~/" .-. -' '
.... ~,,-
.....
..... ~_.."
.... / / .. ~
.... ~ .....
X
Lot 11, Block 1
F.B.O. Subdivision
Asphalt
Hangar
Gravel
~ Landscaping
Trees
X X X Fence
North Willow Street
Memorandum
Date:
To:
For:
From:
RE:
February 26, 2004
Linda L. Snow, City Manager
March 3ra Council Meeting
Klm Howard, Assistant to the City Manager
Lease Application, Arctic Barnabas Ministries, Inc. - Lots
Block $, General Aviation Apron
C
Arctic Barnabas Ministries, Inc. has submitted a lease application for the above referenced
properties. The two lots are located on Willow Street at the Granite Point Street intersection
(adjacent to Ron's Rent-It Center). They are proposing a 55-year lease. The purpose is to
construct a hangar and office facility. The estimated construction cost is $1,500,000.
KMC 21.10.080 states the term shall depend upon the durability of the proposed use, the amount
o f investment in improvement proposed and made, and the nature o f the improvement proposed
with respect to durability and time required to amortize the proposed investment. The FAA has
agreed that the City may apply the criteria used by the State in 17 AAC 45 for their airport
leases. This application meets the criteria that allows for a 55-year lease for a $1,500,000
investment. Prior to leasing, an appraisal must be approved by the Federal Aviation
Administration.
At their meeting on February 12th, the Airport Commission determined the intended use
complies with the Airport Masterplan and recommended approval. On February 25th the
Planning and Zoning Commission determined the intended use complies with the zoning
ordinance and Comprehensive Plan of the City.
KMC 21.10.080 requires all leases to be approved by the City Council. If Council approves the
lease application submitted by Arctic Barnabas Ministries, Inc., an appraisal will be ordered.
Cc: Arctic Barnabas Ministries, Inc.
Rebecca Cronkhite. Airport Manager
/kh
Attachment
CITY OF KENAI
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99611-7794
(907) 283-7535 Ext. 223
LEASE APPLICATION
Name of Applicant
Address ~'X~ at~rr~
Business Name ~d Ad.ess
crr¥
Signature ~
Telephone (.qO'~') ff_.~.~-
Kenai Peninsula Borough Sales Tax No. (if applicable)
State of Alaska Business License No. (if applicable).
Purpose of Proposed Lease
Term of Proposed Lease
Description of Proposed Development (type, construction materials, size, etc.)
j ·
.J
Time Schedule for Proposed Development · Beginning Date
· Completion Date (maximum of two years)
Estimated Value of Improvements $ / ~ ~OO ~COC · OD
APPLICANT'S SIGNATURE:
APPLICANT'S SIGNATURE:
Date:
C
CITY OF KENAI
LEASE APPLICATION CHECKLIST
(All items must be completed before application can be accepted.)
Attach a development plan drawn to scale. Drawings do not need to be prepared by an
architect or engineer. Show the layout of the lot and the location of all proposed
improvements. The drawings also need to show the following.
I. Existing buildings
2. Proposed buildings
3. Parking facilities (how many spaces and location)
4. Site improvements
· Areas to be cleared and method of disposal
· Proposed gravel or paved areas
· Landscaping plan
(retention of natural vegetation and/or proposed planting areas)
5. Building set backs
6. Drainage plan and method of snow removal
7. Circulation plan (all entrances, exits and on-site access)
8. Location of sign(s) - sign permit required
9. Fencing - permit required if height is over 6'
10.Curb cuts (where applicable)
1 I. Building height
12. FAA Form 7460 Notice of Proposed Construction
(For construction of buildings on airport land. This form is to be submitted
to the FAA by the applicant. It can be downloaded from the FAA website
httI)://www.alaska.faa.,.,ov/airpor~s. The site has a menu for forms.
CITY OF KENAI
LEASE APPLICATION - CONDITIONS OF ACCEPTANCE
(To be completed by the City)
Kenai Peninsula Borough Parcel
Permits Required:
· Conditional Use Permit
· Landscape Review
· Building Permit
· Sign Permit
Assessments '7~0~l ~
Insurance Limits Required
Construction must begin by
Completion date for major construction
Planning Commission Approval
Date of Approval: /~/t~. ~O~76~'
CiW Council Approval
By:
City Clerk
Date of Approval:
THIS APPLICATION WILL BE MADE A PART OF THE LEASE
4
,
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: :: ~: l,. :" : ': ' 'lt'~:~:h':il,':l!!~ll'~t,l,,::,l~llill~l,t,hlllll:ll:~::~ I
:'"' Ifil I I t?[I:'`-:':': '~' :" :'," ~"~,::' ,:n' ":" ,.::. '
C
D
D
D
Analysis of Tax Options
2003 Value per Certified Leder
Adjustments
7/14/2003
9/5/2003
11/12/2003
Value Tax at 5 mills Tax at 4 mills Difference
Real 344,372,800 1,721,864 1,377,491 344,373
Personal 35,639,558 178,198 142,558 35,640
Oil 5,226,090 26,130 20,904 5,226
(122,700) (614) (491) (123)
(183,500) (918) (734) (184)
(88,550) (443) (354) (89)
Current Value
384,843,698 1~924,218 1~539,375 384,844
Sales tax estimate for FY 05
At 3%
At 4%
At 3.5%
FY 2005 Preliminary Projections
Sales Tax at 3%
Real Property Tax
Oil Property Tax
Personal Property Tax
Projected FY 2005
Eliminate Personal Property Tax,
Reduce millrate to 4 end increase
sa es tax to 4 or 3.5
Real & Oil Property Tax Revenue
Sales Tax Revenue
Total
Projected 2005 - if no change
Difference
3,900,000
5,200,000 1,300,000
4,550,000 650,000
3,900,000
1,766,000
25,000
183,000
5,874,000
4% Sales Tax 3.5% Sales Tax
1,432,800 1,432,800
5~200,000 4~550r000
6,632,800 5,982,800
5~874,000 5,874~000
758,800 108,800
IAdopt 100k exemption, reduce
millrate to 4 and increase sales ta~
to 4 or 3.5%
Real & Oil Property Tax Revenue
Personal Property over 100k
Sales Tax
Total
Projected 2005 - if no change
Difference
1,432,800 1,432,800
103,954 103, 954
5,200,000 4~550,000
6,736,754 6,086,754
5~874,000 5~874,000
862,754 212,754
C
.... FRANK H, MUF,
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES
STATEWIDE DESIGN & ENGINEERING SERVICES DIVISION
CENTRAL REGION - RIGHT OF WAY SECTION
4111 AVIATION AVENUE
P.O. BOX 196900
ANCHORAGE, ALASKA 99519-6900
(907) 269.0700 (FAX 248-9456)
(TTY 2690473) 1-800-770-5263
February 24, 2004
C
C
Mayor John J. Williams
City of Kenai
210 Fidalgo Avenue, Suite 200
Kc'mai, Alaska 99611-7794
Re:
Right Of Way Id. # 313.008
Big Dipper Car Wash-Patrick Doyle
Kenal Spur Highway - Unauthorized Encroachments
Dear Mayor Williams:
This letter is in response to your request for additional information regarding the laws applicable
to Mr. Doyle's sign and encroachments currently located within the Kenal Spur Highway right of
way. Our right of way comdor along thc Kenai Spur varies in width at any given location,
depending on the entry date of thc original patent, any existing casements, vacations,
relinquishments, Public Land Orders, subdivision plats, or acquisitions by the State. Some
widths are as narrow as 50 feet while others arc 200 feet wide.
Thc right of way in this location was acquired by the State of Alaska in the early 1970's from thc
City of Kenal to accommodate thc relocation of Kenai Spur Road.
The general public views the highway right of way corridors as a public asset. This can be
attested to through thc massive participation in thc popular annual spring cleanup and litter
removal campaigns and the "Adopt A Highway" program. It is also apparent by thc complaints
we receive when our limited staff falls behind in monitoring the right of way. The public takes
great pride and interest in keeping their highways and freeways maintained.
At the national level, highway beautification guidelines were first launched on national freeways
in 1956 through legislation proposed by president Eisenhower. In 1961, President Kennedy said,
"The interstate highway system was intended, among other purposes, to enable more Americans
to more easily sec...their beautiful country. Its system was not intended to...bencfit thc
billboard industry."
Mayor John J. Williams
-2-
February 24, 2004
The Highway Beautification Act of 1965 is referred to as the "Lady Bird Johnson" Act. This
Act, now found in Tire 23 of the United States Code § 131 (Attachment A), has a long history
and has been amended many times. Attached is the article, "Highway Beautification - 35 years
after the 1965 ACT" by Clyde B. Johnson, SRWA (Attachment B). This article further outlines
the history and evolution of outdoor advertising laws in the United States. Further directives are
established by Title 23 of the Code of Federal Regulations, Part 750 (Attachment C).
Finally, Title 23 of the Code of Federal Regulations, Part 1.23 (Attachment D) requires that
except for allowable, legally permitted encroachments, "Ail real property, ineinding airspaee~
within the right of wav...shall be devoted exclusively to public highway purposes.
The Federal Highway Administration holds DOT&PF accountable to all State and national laws
for any corridor where we accept or utilize Federal dollars for highway improvements.
Currently, the State of Alaska receives approximately $400 million in federal highway funds
annually.
In addition to the national interest in beautification and outdoor advertising laws, Alaska's laws
go back to 1949 and the territorial legislature (Attachment E - A History of the Evolution of
Outdoor Advertising Statutes in Alaska). Most recently, in 1998, by Statewide election, the
overwhelming majority of the people voted that Alaska shall remain forever free of billboards
visible from Alaska's highways (Attachment F). This is further described in Alaska Statutes
Title 19, Articles 2 and 3. These are printed on the back of the enclosed brochure "Right of
Way, Keeping Alaska's Highways Safe and Preserving Our Scenic Beauty" (Attachment G).
Outdoor advertising and encroachment control is further described in the Alaska Administrative
Code Title 17, Chapter 010 Article 01 (Attachment H).
After reading all of the attachments, I believe you will agree DOT&PF is mandated to manage
our State highways and control activities within the right of way so as to minimize negative
impacts on highway safety and scenic beauty. The Property Management staff is the
"unenviable" party accountable for and required to make a concentrated effort to clear the right
of way of all encroachments and responsibly manage the right of way to the standards set forth
by the public. We make every effort to work with property owners, seeking voluntary
compliance. However, in some cases, property owners have fomed us to seek legal assistance
from our attorney general. After going through a lengthy and costly legal process, the corot
upheld DOT&PF's motion to remove all signs and improvements from the right of way. With
regards to Mr. Doyle's planters and flowers, the State is willing to consider issuing a
beautification permit.
I hope the information provided along with this letter explains why Mr. Doyle is required to
remove his encroachments from the right of way.
Mayor John J. Williams
-3-
February 24, 2004
I appreciate your cooperation in this matter.
Cordially,
Dawn R. S. Hancock
Right of Way Agent
Enclosures:
Attachment A:23 USC 131
Attachment B: Highway Beautification - 35 Years after the 1965 ACT
Attachment C: Federal Regulations Part 750
Attachment D: 23 CFR 1.23
Attachment E: Evolution of Outdoor Adv~dsing Statutes in AK
Attachment F: 1998 Ballot Initiative
Attachment G:Right of Way Brochure
Attachment H: 17 AAC 10.010-015
Kenal Peninsula Parcel View Maps
Right of Way Map
cc: Patrick Doyle, Big Dipper Car Wash, HC 01, Box 1225, Kenai, Alaska 99611
~ Rick Kauzlarich, StatewideChiefRight of Way
, ~ David F. Heier, Property Management Supervisor, Central Region
~fWilliam R. Striclder, P.E., Acting Chief Right of Way Agent, Central Region
C
February 25, 2004
John Mohorcich
Kenai River Center
514 Funny River Road
Soldotna, Alaska 99611
Re: Conditional Use Permit Application for Kenai Landing, Inc.
Dear Mr. Mohorcich:
This letter is intended to provide written comments by the Kenai City Council to the Kenai
Peninsula Borough Planning Commission regarding the conditional use permit application of
Kenai Landing, Inc. to construct a 32-foot wide by 200-foot long boat launch ramp within the
50-foot Habitat Protection Area of the Kenal River.
This letter is intended to provide comments both as a governmental entity and as an owner of a
significant amount of adjoining property. The site is where the Wards Cove Cannery used to
operate. With the decline in the Cook Inlet Salmon industry, that cannery and others in the area
were forced to shut down. Unfortunately, there is little likelihood they will return. Cannery
closures have caused a significant loss of jobs, property tax and economic activity in the Kenai
area.
Unless other uses of the property are found, the canneries will inevitably decline into dangerous
unproductive eyesores. The further the property is allowed to decline, the more difficult it will
be to find people willing and able to invest the significant amount of time and money needed to
restore the area. We don't wish to repeat Anchorage's experience with the McKay building here
on the banks of the Kenai River.
The Kenai Landing project is one that can help revitalize the economy. We believe it will
increase tourism, bring jobs and provide sales and property tax to the borough and city. It will
act as an economic magnet for the area by bringing visitors here and providing an area for small
businesses to operate and succeed. The boat launch project is an integral part of the overall
Kenai Landing Project. The community support for the project and the boat launch is
overwhelming.
John Mohorcich
February 25, 2004
Page 2 of 2
We are aware of the requirements of the borough code for granting this request (KPB 21.18.080).
It is our opinion that the boat launch will not cause "significant erosion, destruction of wetlands
or riparian habitat, or result in or increase ground or water pollution." Because the boat launch is
an integral part of the revitalization of the old cannery, denial of the conditional use permit will
deprive the owner of the reasonable use of the property.
On January 12, 2004, the Kenai Harbor Commission voted unanimously to support the request to
build the boat launch because it would cause little disturbance to the riverbank and would
provide a needed pullout station. On January 14, 2004, the Kenai Planning and Zoning
Commission unanimously decided to support issuance of the conditional use permit. The Kenai
City Council also unanimously urges the Commission to grant the conditional use application for
the boat launch.
Sincerely,
CITY OF KENAI
John J. Williams
Mayor
MEMORANDUM
TO:
FROM:
DATE:
RE:
Mayor and Council
Linda Snow, City Manager
Carol L. Freas, City Cle~z~
February 27, 2004
CITY HALl, ALARM SYSTEM
An alarm system has now been installed in City Hall. Should it be activated, the
monitoring company will contact the Kenai Police Department directly for assistance.
clf
cc: All Departments
INFORMATION ITEMS
KENAI CITY COUNCIL MEETING
MARCH 3, 2004
2/23/04 Public works Department, Project Status Report.
Kenai Municipal Airport Monthly Passenger Enplanement Activity Report.
2/18/04 Stranded Gas Development Act Municipal Advisory Group meeting
agenda and notes from 2/11/04 meeting.
2/19/04 Kenai River Special Management Area Meeting agenda and minutes of
1 / 15/04 meeting.
Kenai Community Library post card comments.
Project Status Report
A/aC/F/ CltyCoataet PreJeet Name
A JL Airport Security Fencing
A=Active
NC=Non-Construction
F=Future
STIP=State Trans, Imp
Stal s
KK - Keith Kornelis
JL - Jack La Sho~
RS - Robert Spdnger
MK - Marilyn Kebschull
Jet - Jan Taylor
Engineering work progressing. Will set tentative
bid dates soon.
A JL
Airport Secudty System
Preparing project manual, Bid opening March 30.
A MK
Airport Supplemental Planning
Assessment
RFP being drafted by Airport Manager and Planner.
A KK Bridge Access W & S Feasibility
Study
Received final report evaluating different routes
from Wince-CorthelI-Bryson. Report sent to DEC
& EDA.
A JL/RS City Hall HVAC
A MK Comprehensive Plan
Documents complete.
Final plan at KPB for approval. Approved by
Planning Commission, Scheduled for Apdl 6
Assembly.
A JL
Contaminated Soils - Shop
Work plan to be submitted. Received ranking for
loan fund - could be funded if City chooses to.
Asking to reappropriate $151,314.
A JL
Daubenspeck Environmental
Site Assessment
Final report has been received. UST removal
report received and submitted to ADEC.
A JL FAA Site
ADEC has determined "No Further Action."
Response will be included in Final Environmental
audit, Land transfer is then possible.
A JL
Kenai AP ARFF/SRE Facility Closing out.
Monday, FebruaPj 23, 2004 Page 1 of 3
A/NC/F/ CityCeataet Prejeet Name
A KK Kenai Boat Launch
Improvements
Status
Received $350,000 grant. Nelson & Associates
are working on the design. The City is working on
possible land acquisition for exit road.
a KK
Kenai Coastal Trail
Corps has received funding for ptanning and
answering permitting questions on this project.
Pdnting additional books on project to help get
grant funds.
A JL
Librat7 improvements
Schematics complete - awaiting further direction.
A JL
Maintenance Shop
Preliminary plans and specifications complete,
Grant funds to lapse in '04. Passed reolution to
amend grant to do environmental.
A KK
McCollum & Aliak, Set Net Dr.,
S. Ames Rd. LID's
These LiD projects ara on a list for consideration
by Council at a later date. Projects on hold until
changes made or funding found.
A JL
A JL
Multi-Purpose Facility
Runway Extension
Environmental Assessment
Will seek funding as described by Resolution 2004-
09.
Project on hold until AP Supplemental Planning
Assessment complete.
A JL
Senior Kitchen
Schematics sent to estimator.
a KK
Title 17 Review and W & S
Regulations
Working with Larry...Completed revisions to W & S
regulations. Adding a grease prevention
regulation. Reevaluating changes to KMC.
A JL
Underground Storage Tank -
Airport
Extra soils removed and stockpiled. Report to
ADEC finished and submitted. May spread soils
on airport.
a KK
Wastewatar Facility Master Plan
City completed the review of CH2M Hill's draft
report. City waiting for final report. GeoNorth is
updating the City's GIS as part of this project.
Monday, Februa~ 23, 2004
Page 2 of 3
A/NC/F/ City Contact ProJm]t Name
A KK WH 4
Status
We have good quality water with a few exceptions.
The new arsenic MCL will require treatment at this
well and Well Houses No. 1 and 3. Working with
DNR on land purchase or lease issues.
STIP KK
DOT - Bridge Access Pathway
Pathway along Bridge Access Road from K-Beach
to Spur 3.3 miles... Project in environmental
assessment. Design scheduled FFY08.
Construction after FFY09.
STIP KK
DOT - Kenai River Flats
Interpretive Site
This is the rest stop and Birch island Facilfiy near
the Warren Ames Bddge. This project has been
moved out of the recent STIP time frame.
Monday, February 23, 2004 Page 3 of 3
INFO-2
MONTHLY PASSENGER ENPLANEMENT ACTIVITY
14,500
13,500
12,500
11,500
10,500
9,500
8,500
7,500
6,500
5,500
4,500
3,500
2,500
1,500
50O
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
200 12,736 11,049 8,994 8,464 7,612 7,968
7,859
7,815
7,657
6,4O9
7,531
9,086
~1 8,300 7,137 8,216 7,058 8,143 9,044 t2,093 t0,807 6,334 7,582 7,345 7,494
02 7,829 7,046 7,371 6,902 6,880 6,740 9,979 8,644 6,684 6,309 6,023 6,249
03 6,454 5,602 5,280 5,375 5,848 5,988 9,445 7,674 6,435 6,120 5,820 6,688
t2004 / 6,326
5 yr.
Change Average Change
from 2000- from 5 yr.
Month 2004 2003 2003 2004 Average
Jan 6,326 6,454 -128 7,354 -1,028
Feb 5,602 0
Mar 5,280 0
Apr 5,375 0
May 5,848 0
Jun 5,988 0
Jul 9,445 0
Audi 7,674 0
Sep 6,435 0
Oct 6,120 0
5,820 0
6r688 0
Is 76,729 -1,028
Municipal Airport
STRANDED GAS DEVELOPMENT ACT
MUNICIPAL ADVISORY GROUP
AGENDA
February. 18. 2004 - 3:00 p.m,
Salcha Conference Room
Fairbanks North Star Borough
Order of Business:
1. Dept. of Revenue report on progress of state examination of applications,
possible funding of impact study, and solicitation of proposals for study.
2. Advisory Group identify communities' needs in N. Slope gas
commemialization, ie: access to gas, spur pipeline to Southcentral, in-
state distribution system, petrochemical industry, local hire, operations
workfome training, etc.
3. Other Items as proposed
4, Schedule upcoming meetings
5. Adjournment
Stranded Gas Development Act Municipal Advisory Group
February 11, 2004
Member Communities Present:
North Slope Borough
Fairbanks North Star Borough
Kenai Peninsula Borough
Haines Borough
Municipality of Anchorage
City of Fairbanks
City of North Pole
City of Delta Junction
City of Valdez
City of Skagway
City of Seward
City of Kenai
Unincorporated Areas
Representing the Dept. of Revenue:
Steve Porter
Randy Hoffbeck
Others:
Sherry Modrow, Information Insights
Jessica Detmer, media - KTVF television
.Actions of the Grou~
1. Member communities identified their representatives and alternates:
N. Slope Borough: Mayor George Ahmaogak / Dennis Roper
N. Star Borough: Mayor Jim Whitaker / Lori Backes
Kenai Peninsula Borough: Bill Popp / Jack Brown
Haines Borough: Robert Venables
Municipality of Anchorage: Dennis LeBlanc / Mike Abbott
City of Fairbanks: Mayor Steve Thompson / Ron Woolf
City of North Pole: Mayor Jeff Jacobson / Doug Isaacson
City of Delta Junction: Pete Halgren
City of Valdez: Bill Walker / Dave Dengel
City of Skagway: Mike Catsi / Bill Ward
City of Seward: Robert Valdatta / Willard Dunham
City of Kenai: Rick Ross / Jim Bookey, III
Unincorporated Areas: TCC Buddy Brown / Ethan Schutt
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2. Elected Mayor Steve Thompson of the City of Fairbanks to chair the group. Lori
Backes of the Fairbanks North Star Borough will serve as the central point of
contact for the group when needed, and assist as "staff' to the chair.
3. Directed the State Department of Revenue to explore ways for the cost of the
impact study to be borne by the SGA applicants.
4. Identified the following areas of potential impact to be within the scope of the
study:
Public Education
Law Enforcement
Firefighting and EMS services
Public Utilities
Communications
Public Transportation
Roads, Ports and Harbors
Railroad
Local Workfome Training
Subsistence
Social and Cultural impacts
5. Directed the study to be in three phases: First Phase: Economic Impact, Second
Phase: Social and Cultural Impact / subsistence, and Third Phase: Revenue
Impact.
6. Forwarded the proposal for impact study provided by Information Insights to
Steve Porter to consider as he works to expedite the solicitation and consideration
of other proposals as well as contracting for the study.
7. Scheduled the next meeting for February 18, 3:00 p.m., FNSB Salcha Conference
Room. Members maypartieipate viateleconferenee bydialing: 907-459-5515.
Issues Discussed:
In deciding to include a study of social and cultural impact to communities, specifically
with regard to subsistence, Mayor Ahmaogak stated that his Borough had already been
conducting their own study and he would share their results with the advisory groups
contractor to the extent that his contractor would allow.
Bill Popp of KPB made the point that the group needs to consider the construction related
impacts to non-corridor communities within the scope of the study.
Steve Porter suggested the agenda for the next meeting include monitoring the forward
progress of the state with regard to the applications and consider protections for other
community concerns in the development of North Slope natural gas.
KENAI RIVER
Special Management Area
II.
III.
IV.
*** Meeting Agenda***
Thursday, February 19, 2004
7:00 p.m.
Kenai River Center
CALL TO ORDER
A. Roll Call
B. Approval of 1/15/04 minutes
C. Agenda Changes and Approval
PUBLIC COMMENT
NEW BUSINESS
A. Kenai River Sportfishing Association, Ricky Gease, Executive Director
OLD BUSINESS
A. Kenai River Guide Restrictions - Recap of aftemoon workshop to discuss
public process, Gary Morrison, Director
B. Kenai River User Fee Discussion
C. Commercial Operator Committee Report
D. Kenai River Center Update, Suzanne Fisler
PUBLIC COMMENT
ADJOURNMENT
A. Board Comments
B. Dale/Agenda of Next Meeting
Please note: A Work Session is scheduled from 1:00 pm- 5:00 pm at
the Kenai Peninsula Borough Assembly Chambers, to discuss how to set
up a public process to discuss sport fishing guide issues. This session
will be open to the public but no public comment or input will be
accepted at this work session.
Kenal Ama Office, Box 1247, Soldotna, AK 99669, Soldotna 262.5581
Kenal Peninsula Borough, Box 850, Soldotna, AK 99669, Boldotna 262-4441
Il.
Kenai River Special Management Area AdviSory Board
Meeting Minutes
Thursday, January 15, 2004
7:00 p.m.
Kenai River Center
CALL TO ORDER
Roll Call - Present: Jim Golden, Deb Cooper, Ted Wellman, Tom Vania,
Chris Degemes, Robin West, Linda Snow, Jonne Slemons, Rick Wood,
Pete Sprague, Dick Hahn, Joe Connors, Paul Shadura, and Dave
Westerman
Absent: Jeff King, Roland Maw, and Ken Lancaster
B. Approval of 11/20/03 minutes
Approved as written.
Agenda Changes and Approval
Move Old Business item A to New Business item A and move Old
Business item B to New Business item B.
PUBLIC COMMENT
Suzanne introduced Lee McKinley, the new Habitat Biologist rrr for the
Office of Habitat Management at the Kenai River Center.
Kirk Hoessle, President of Alaska Wildland Adventures, spoke about the
guide moratorium that he and other business owners contested last spring.
He said he respects this group's work on the moratorium and knows many
were disappointed that it was not enacted this past summer. He and the
~oup that contested the moratorium had a meeting with Commissioner
Irwin last June, and Commissioner Irwin recommended that the business
group come up with some recommendations to help solve these
challenges. These recommendations were given to the Commissioner,
with the board provided copies tonight. One of their recommendations is
to convene a Kenai River sport fishing consultation committee to work
together and formulate solutions. Kurt said he is not opposed to a
moratorium, just the manner in which it is implemented.
John Nelson of Soldotna had a question for the board. The KRSMA Plan
states that all monies earned by derbies on the Kenai River shall be
returned to the river. Is Kenai River Sportfish Association in compliance,
III.
NEW
A.
and where are the figures published? This issue is one of trust and
confidence. He has asked this question of KRSA via email twice with no
response and also with a letter to the editor of the Peninsula Clarion. John
said he would like to hear an answer.
Chris Degemes said that the Dept of Revenue and Division of Parks both
require a permit for derbies. The Management Plan recommendation are
that derbies be limited and funds generated from these derbies be used for
habitat protection and education. The State Parks permit does not require
them to provide this information but we can ask them for this.
Robin West suggested this possibly be a future agenda item.
Dwight Kramer, Chairman of the Soldotna Fish & Game Advisory
Committee, said he found it interesting that Alaska Wildland Adventures
was asked for comments by the DNR Commissioner, when his
organization were told to keep their hands off and participate in any future
public process. His committee is dismayed and frustrated on this issue. If
everyone was brought into this process we could have come up with
something that is meaningful. He is asking the board for their assistance
in this matter.
Joe Hanes, Kenai River Guide, wanted to address the board on a couple
issues tonight. He said that to get to where we want to get we need to take
steps. We have people who want it the way it was thirty years ago and
these restrictions take time, they can't happen overnight. He also said the
increase in fees needs to be for everyone who fishes.
BUSINESS
River Terrace RV Park Contamination Status and Update, Rich
Sundet, ADEC and Tim McDougal, Oasis Environmental, Inc.
Tim McDougal with Oasis Environmental gave an overview of the
remediation status at River Terrace including excavations, phase injections
and sediment sampling. The process being used is to introduce a reductive
or anaerobic environment to remove chlorine atoms from the molecule.
The PCE is then transformed down to DCE and further down to vinyl
chloride and ethene. PCE is no longer showing in the upper plume and is
reduced to a small area in the lower plume. The contractor is now starting
to see the DCE in both plumes but have not been able to get it to reduce
much further overall.
Since the hydrogen releasing compounds (HRC) injections were started,
they are seeing a continuous decline in the total chlorinated ethenes and
Kenai River Special Management Area Advisory Board
January 15, 2004 Meeting Minutes
Page 2 of 8
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that is an indication that those compounds are being degraded. At other
sites in the lower 48 where bioaugmentation has been done they usually
see results with complete degradation of the DCE down to vinyl chloride
and ethene within 100 days to six months, and yet after a year, the
contractor has not seen this happen. It is happening at a slower rate at this
site compared to other sites in the lower 48.
Last September the USGS came and collected samples for their
microcosm study and they also did hydrogen measurements to confirm if
the geochemical conditions are conducive for dechlorination of the DCE
or if there isn't enough hydrogen, causing a limiting process. The question
now is why the degradation at this site so slow. The contractor thought
there may be competition with other bacteria, but the hydrogen
measurements show that is not the problem. It is believed that the
problem is due to lower levels of bacteria growth at the site possibly due to
lower temperatures in Alaska, or lower groundwater ph levels that resulted
from injecting the HRC. It has been decided to do some microcosm
studies to determine the best methods to accelerate the bioremediation at
the site. The goal of the study is to look at the electron donor to see if
there is another one that is more efficient than the HRC. A second study is
being done to look at oxidation or aerobic degradation of the DCE and
vinyl chloride in the Kenai River sediments.
Oasis Environmental will continue monitoring the upper plume and
injecting the HRC or another donor. They are also considering injecting
HRC under the building. In the lower plume they will continue
monitoring the ground water and do another sediment study like the one
done 2 years ago.
Pete Sprague asked if we are getting anywhere after years of work and
now with the new pilot projects. Tim said it is hard to get contaminants
out of tight layers in the soil.
Jim Golden asked if a study should have been done before any action was
taken. Rich said a feasibility study was done and 5 different alternatives
were identified before this route was taken. He is hoping that after the
USGS microcosm study is done, they'll have a better idea of whether a
different donor would work, and how long the cleanup might take.
Dick Hahn asked about the estimated land volume of the site and cost of
completion of the project. Tim said he did not know the size and Rich
said it was projected to cost $5.6 million over 10 years. Rich said they
already have $2 million in contractor cost alone into this project. Dick
asked why the site was not totally excavated in the first place. Rich said
about 3300 cubic yards were dug out. Jim Frechione said it is hard to get
Kenai River Special Management Area Advisory Board
Janua~ 15, 2004 Meeting Minutes
Page 3 of 8
it all out because they are dealing with a product that sinks and ultimately
gets into the groundwater which is constantly moving.
Jim Frechione stated that DEC would continue to provide updates to the
Board as the cleanup continues.
B. Update on other Contaminated Sites, Jim Frechione, ADEC
The former DOT site is still in a long term monitoring status. The primary
contaminant of concern is the chlorides from salt stored on site. The
solution to this site is a major excavation but he is not sure if that is
practical and cost effective.
Hamilton's Place in Cooper Landing had leaking fuel tanks and them is
still soil contamination and ~oundwater contamination. The plume seems
to be stable and is not moving toward the river. The owner still has the
ability until June to use state funds to excavate the site.
Sterling Zipmart is still having major groundwater contamination and
DEC and their contractor is still trying to track the extent of the plume.
The plume has moved out from the site towards the highway and B&D
Auto shop as well. Contamination has also been detected across the
highway for the first time. There was an estimated 40-50,000 gallon
release with about 14,000 gallons recovered so far.
Cook's Tesoro has been in tracked for 10-12 years now. The
contamination migrated across the highway and info shows it parallels the
highway towards the processing plant. A well drilled by the Kenai
Watershed Forum between the gas station and the processing plant has
shown very low level hits of petroleum products. Information from these
tests shows this petroleum contamination is not from Cook's Tesoro based
on 10-1.2 years of monitoring data from between the Tesoro station and the
Kenai River.
Ted asked what resources are being applied to the Zipmart spill. Jim F.
stated that the responsible party started the investigation, but when they
found out the extent of the spill, they bailed. The owner is not doing
anything about the cleanup so the State stepped in and assumed the lead.
The State has a contractor working on this situation now.
Paul Shadura asked how fast the plume is moving on the Zipmart site. Jim
F. said it is not moving very fast.
Jim F. said that he heard that Wards Cove cannery did a contaminant
assessment and them might be some fuel contamination there.
Kenal River Special Management Area Advisory Board
January 15, 2004 Meeting Minutes
Page 4 of 8
Jim Golden thanked Jim for the continued positive approach to these
updates. Jim G. asked if the contamination at the former DOT site is
detrimental to human use. Jim F. said no.
Kenai River Access Improvement Proposal - Ray Price, Funny River
Chamber of Commerce and Community Association
No one showed for this topic. Chris Degemes said the Funny River
Chamber is interested in improved access at the River Ranch EVOS
property, as there is limited public access to the river on the Funny River
side.
D. Potential Regulation Changes for KRSMA, Chris Degernes
Chris D. said we have been advised by the administration that they would
like to pursue regulation changes that would address fee increases. One of
the proposed increases would affect Kenai River guides starting in 2005.
The specific language has not been developed yet. The concept would be
to raise the guide fees from $500, up to $1000 for residents, and from
$1400, up to $3000 for non-residents. The second regulation change
proposal is to close the loophole regarding power boats towing drift boats
back upstream on the Kenai River on drift boat Mondays. (suggested
language: "A person may not use a motor to propel or tow a boat used for
fishing on days designated as non-motorized fishing days or in areas
designated for non-motorized fishing on the Kenai River.")
Joe Connors said the committee does not have a problem with raising the
guide fees but other groups using the resources need to be a part of this
also by a sharing of the fees all around.
Rick Wood asked if rental boats are part of this change. Chris D. said the
current regulations would not have to be changed to raise those fees, if that
was a recommendation that came from the Advisory Board.
Jim Golden said the fees should be raised once, not in small steps.
Ted Wellman said he would make a suggestion that board members show
up at the next Commercial Operators Committee meeting to discuss these
issues.
Paul Shadura made a motion to support both regulation changes.
Jonne Slemons seconded the motion.
Vote in favor: Unanimous.
Kenai River Special Management Area Advisory Board
January 15, 2004 Meeting Minutes
Page $ of 8
IV. OLD BUSINESS
A. Kenai River Hydrocarbon Study, Update, Jonne Slemons, ADEC
There have been no significant changes from the preliminary data and the
report done in November. The next step was to do some computer
modeling of various parameters of the Kenai River that DNR would then
use to develop management actions. DEC has not decided whether to do
this in-house or contract it out.
A grant proposal, submitted by the Kenaitze Tribe and other partners, was
submitted to the EPA's Watershed Initiative. It might help mitigate many
of the problems found in this study, as it would provide cash incentives to
people who turn in 2 stroke boat motors and purchase 4 stroke motors or
non-motorized boats. Motors collected will be destroyed and recycled.
There would also be a possible fee offset for guides who use 4 stroke
motors instead of 2 stroke motors. People would also be encouraged to
buy fiat bottom boats which are more river friendly.
Pete Sprague asked how much this grant is for. Chris said it is about
$830,000 for a three year program.
Paul asked how much for the boat wake study Phase llI. Chris said
$250,000.
B. Update from ADF&G - Guide Registration Issues, Tom Vania
The draft legislation that has been prepared by ADFG has been given to
Allan Austerman, the Governor's Fishery Assistant, to find a Legislator to
sponsor the bill. Tom said that as soon as he is able, he will share the
information with the Board.
Chris Degernes asked the board if they want the State Parks Director to
come and talk to them either next month or the month after.
C. Commercial Operator Committee Report
Joe Connors said that in the 2002 season l01 citations were written to
guides for non-compliance in turning in their end of season reports. In
2003 there will be about 10 citations issued for the same non-compliance.
The committee feels all user groups should be part of the fee increase in
2005, not just commercial operators. The Guide Mentoring Program is
moving forward with a proposal to work with the Kenai Peninsula College
Kenai River Special Management Area Advisory Board
January 15, 2004 Meeting Minutes
Page 6 of 8
on a program to serve as an educational forum. Joe will meet with folks at
the KPC next week to try and design a program.
D. Kenai River Center Update, Suzanne Fisler
No new changes on the DOT Sterling Highway MP 45-60 project, or Gary
Galbraith's rock vane project yet. New projects include a proposal by
Enstar to relocate a gas line under the Poachers Cove area, and CIRI is
working with a private contractor do some salvage timber logging and
beetle kill cleanup in the Killey River area. The Corps has signed off on
the project since the contractor will be using the Forest Practices Act,
utilizing all the best management practices. Suzanne is hoping DNR will
be able to participate in the permit review on this project.
The Corps has proposed a new General Permit for bank stabilization for
bioengineering projects. Suzanne's concern is this will be Borough wide.
DNR's Div. of Mining, Land and Water is going to start requiring
registration of commercial users of state lands (other than State Parks).
This program only requires a business to register, with no fees required
unless there is overnight use.
Jim Golden asked what the latest is with the RiverQuest Campground
subdivision. Suzanne said there might be a final subdivision map but
nothing new has come thru the River Center.
Ted Wellman asked about the development there and the lots that were not
in the 50 foot habitat ordinance. Suzanne said the structures that were
there before the 50 foot ordinance get to stay there, but she doesn't think
there has been any grandfathering to new lot owners.
V. PUBLIC COMMENT
Don Johnson, of Soldotna, said he recognizes that people want what is
fair, but limited entry for guides will not solve the problem. He thinks a
program needs to be developed that gives people an incentive to not fish.
Raising guide fees will only reduce the overall guide numbers a small
amount.
Kenny Bingaman, former guide, said it is wrong to raise the fee for only
the guides and there should be a user fee across the board.
Kenai River Special Management Area Advisory Board
January 15, 2004 Meeting Minutes
Page 7 of 8
VI. ADJOURNMENT
Board Comments
Paul S. said the 9tl~ District Court made a ruling on aquaculture programs
within wilderness areas. He doesn't know how far this will go.
Ted W. said that regarding the Alaska Wildland Adventures letter, it
seems like we are starting all over again and he is very angry about another
stakeholders meeting. He is also against businesses owning guide permits.
Chris D. said that 2004 marks the 20th year for KRSMA, and asks if board
members may be interested in planning some sort of celebration for this
anniversary.
Rick W. said he supports Ted W. 100%. He also said that regarding the
contamination coming from fueling stations, maybe there can be a
regulation for these stations being away from the river.
3oe C. support Ted W's comments. He is extremely annoyed by the
Riverquest position and the way the Borough dealt with it. This is not
good for the river.
B. Date/Agenda of Next Meeting
Separate afternoon work session planned to discuss how to set up a
public process for restricting guides. (1:00 - 5:00 pm at the Kenai
Peninsula Borough Conference Room, Thursday, February 19)
Next KR Advisory Board meeting is February 19th, at the KRC.
Kenai River Special Management Area Advisory Board
January 15, 2004 Meeting Minutes
Page 8 of 8
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Ihh,hh,,lh,,,,Ih,,llh,dh,,Ihh
Mayor John Williams &
Members of the City Council
210 Fi~]go Ave.
MAI(F. 26 PACI(ET$
COUNC3:L PACKET DI'STRTBUT3:ON
I COUNCIL MEETING DATE:
Mayor/Council ~z Attorney ~ Taylor/Sprin~er/Kebschull
Clerk ~ City Mana~ler ~ Public Works
Police Department ~' Finance ~r Engineer
Senior Center ~-, Airport ~ Kim
Library ~ Parks & Recreation ~ Clarion
Fire Department I~ Schmidt ~ Mellish
VISTA ~ Kenai Chamber ~
A6ENbA DISTR]:BL)TION
Sewer Treatment Plant Streets
Shop Dock
Buildin~Maintenance Animal Control
Water/Sewer Counter
DELIVER
Council Packets to Police Department Dispatch desk.
The Chamber, Clarion, Mellish & 5chmidt's Office will pick their packet up in my
office. The portion of the agenda published by the Clarion should be emailed as
soon as possible after Noon on packet day. The camera-ready agenda
c:/myfiles/documents/minutes/agenda form for paper) is emailed to Denise at
£eninsu/a C/ar/on (at email folder Work 5ession/Spocial Meetings, or Composition in
Contacts or Ibell~acsalaska.net). Home Page documents (agenda, resolutions,
ordinances for public hearing, and ordinances for introduction) are usually emailed
to me and I hold them in my HTML file. Place them onto the city's website with
Front Page from there as soon as possible before leaving the office for the
weekend.