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1986-05-07 Council Packet
Kenai City Council Meeting Packet May 7, 1986 ------------------- PUBLIC HEARING NOTICE I Kenai City Council- Public Notice Is hereby given thal public testimony will be received regarding the UPdsUn9 of the Kenai Comprehensive Plan, The Comprehasive Plan la a completion of objectives, actions, and maps designed to help guide the physical, social, and economic development of Kenai. Public Hearing on thla matter oil be held by the Kenai City I Council and the Kenai Advisory Planning a Zoning Commission I at 88 meeting on Wednesday, Msy 7, 1986 commencing at 6:00 I p.m. In the Kenai City Hal Council Chambers. 1 Anyone wishig to Present testimony concerning this request I should do so at this hearing or submit written comments to the I City of Kenai, Planning Commission, 210 Fldalgo, Kenai, Alaska I 99811 prior to Mey 7. 1M. 1 Janet Loper I Planning Specialist I L PUBUSH: 4180, 6/6, 1986_-------420t1211 J r-------CITY OF KE---------� AI PUBLIC NOTICE 1 I The Council of the City of Kenai will be convening as a Board of Adjustment on Wednesday, May 7, 1986 at 7:00 p.m. in the Council 1 I Chambers, 210 Fidalgo Sheet, Kenai, Alaska, pursuant to written 1 I appeal by Thompson Park residents: I I 1. Sheila Phillips 1 1 2. Spencer DeYno I 3. Dab SandaN I who, I "...Appeal the decision of the Landscape Committee/Commis. Sion (sic) to allow Roger Boyd to continue with the proposed 1 development B1.3 of Lots 6-7-8..." 0 . 1 1 The aforementioned property is zoned General Commercial arM 1 I the Proposed development is In compliance with said zone. 1 The public is Invited to attend and participate or submit testimony 1 to the City Clerk before May 7, 1988. Janet Whelan, CMC 1 City Clark I LPU1UStufZI4Ltu&------- — — �1i01211J AGENDY KENAI CITY COUNCIL - REGULAR MEETING MAY 7, 1986 - 7:00 PM 6:00 PM - Work Session: Update of Comprehensive Plan A. ROLL CALL 1. Board of Adjustment Landscape Board Decision to Allow Roger Boyd to Continue Development of Block 3, Lots 6, 7, 8- Tiompson Pk. C. PUBLIC HEARINGS _ 1. Ord. 1125.86- Increas. Rev/Appea - Airport General Aviation Tbdown and Taxiway Improvements 2. Res. 86.37- Selling Percentage of Fair Market Value to Derive Fah Return on Lease of City Lands 3. Res. 88.39- Establishing Airport Terminal Rates and Fee Schedule - FY 86.87 4. Res. 88.40- Transf, of Funds - Consultant for Airport Boundaries Map - $7,500 5. Res. 86-43- Awarding Bid - Microfilm Service to Microfilm Management Systems S. Res. 86.44- Transit. of Funds - Lawn Mower- $4,850 T. Res. 88.45- Awarding Contract - Akport Safety Zane, GA Apron, Taxway Improvements - McLane 6 Aewc. - $37,700S. Rea. 86.46- Trent. of Funds - Legal Notice, Legal` ' -.Dept. - $1,100 - 9.Rea. 88.41-Thin l.ofFurids-inspectioi-GdlCores. - 'lRoade, Water, BaN'°la 18,778 10. Res. 86.42- Awardnp t:dnh- baol epac .:: Course Road, Water, Sewer - Wine, Corthel -.-6. Bryson - tt38,776 .. - .. 11. Ord. 1136.86- Inertias.•Rev/Appns - Golf Corse _ .ROW. Want, Sewer - $84,160- .-si.c Introduction - - ' b. Public Hearing �t,>rry _.ij 12. Res. 80.47- Awarding Contract - Goff Course Road, Water, Sewer Construction - Zubeck- $349,168.22 PUBUSK WO—mmilt Oefy11MIM11Ni.i.leM4. f s~640 iftot"1' IUMNTollOuGmAtM rwMwtYte. fMIrN ttl •• tRlt wtM M•aM tYlt �a.A NeM Y•Mr/etww•eMttlM. gap w q�*�MIINN� /M pIn W �Y�IY Y�IM! Nr uer�lt•I11 wtNttlef. 1. O M�Mr+s.MY.iw.Aw.•o+rM�rMMwMwoT. •, D Il..wwNstNMrl.1r. y. A ft. AddPowiA � Richard A The rrlaine Minn Box Ud Anchor Points AK 99556 4. TrfeNpwAes At1NNIW��wr Cam_ •- D wodMAnAl M oYttMt oNodOrww+�•Mef enA �. fltint•rN - AM1ree .� L M N. AAM•Ytttre F �MOlAI OMlrti�A N11M �.0,ltlfrl. Put rear eMrenl� the"N1tu1tN TO" one" tile awrNNM•. felwwwAo 1hMv►N1MerM•MM•MA from MMCI•tYtlt•Aw . , M—MN• tWte �tvferlweeM• "llMINI for -m sm•IIs rew Met 1. 13 N�ewtowYNtt.AeNMA•dArtN•fANM•W. L 13 010*14teA oMiwrY. 0. AefNMAAIMMIMN� Spencer A Judith aeYito Box 317 5aldotnaf AK 99669 �.. Tvf••IrNYk•� M11•NN�rnON coo erpett 11MH t n oleddrll••• nNnlow fi. � dd�•M•• w x 7. •NeloNl•MY , L AdONOWSAddt•N(ONI.YVO"Mm"llz POOR 40 01110101 QWOmlMII.%SWA4. Put ran ed*Ms In tYe I'l1ITUNN To" WUOOR the rewrt•61" 00411mmode thle WHO solvent thin" Mat aa. ,V� twM�'iniwwmwto i 11tN�e.�t001M1t11•r fN /eM MA •hMM M N► ter SM11011 tavt•t•tb 1. Q {hew to whtNn. d•t• eM eAdiw et mttwv. �, C1 tt.mltted odlruw. . - - - 0. ArIMN►AdMMNdN� Roy Le A Karen Sue Langston Box 1352 Kenai, AK 99611 6." TWIG Of A"14411mm" 1� .Qoo I fie.• 1�, �'"�0�' Alwe leb h d � N�e�NtMii>tgen/Md . naml x �. r 401 MI 11 r, J� b 1 y AEI r [CAI VT iMMOtINt t1i 1wMt11e1Mw/T.l.titrrtiN. 1beYii. tltMet/ M1/11e �•N{7YMf Tti"iMiNM tdl/ ��erQ�s.titfe. /MWiNtliMk tMM �t tAlrieri f►e:n ftMw r/�rpa M Tii. MMOU f// /ewttMlt re+.bltlf, fe. fw/ //II.hMM tbMll/tl t. 0 iMwr w whew, ae»rinasalMwNtltM.eev. 1►, 0 i1»rltttelterhw►. n 1. �•Arlllle Aeeri/Me tit M.M. 6 Pe94y Yhompeon 4Ot0 Lupine dr. Kenait AN .99611 A. TvMMMrwNt ArtkfttWW*tr 8Coo lay 10% av� N tt�lrwtei/f,eetnt ald X fa. X t. OWSO ofTerri.. 1. A�arr/Ilr F � rfINO�Nr C�Nr11NMMN1.l.Sw1M�.- - .y.••• PW wool 0/*4UM M "01aTY11N To" w/Nlrg 04 00"W 1//,PWvrele**MrlfWPMPlev"t0beMarrv" W�IlfJlt !t{M fillrreWf Aitiliftl/rfir rett/ni/httr+ ririe/1 f4rWvbMa00wo tt►. I. (O skew tw.rltelqMNeMNMt kWv. tl. q nwokr.ro.aaw. Itp i. AtWMA1W1NNiN1 James Ray Beadle'- 17005 Towers Rd. Juneau, AN 99801 a. Tv" W SWW/�/,jr AnbteNwlt1lbN 8 f et�tNl/d4 G7 � 1 z4 - wv:'''3©�, NNwef Me{I Mw/Y)sit, _Q ofatl "WaL 1 Now •. AatNawW Ar11riMfr-,JFLFVMPMNAW e ltMQ/Nr tDitrl�bhrfttnlni.l�laM�. . PMt veer MMiNIn IM"It�TY11N Tf3"yeteMMli rev«MHd/. Ne1WreNMelekw111 MrwMNtANatN /rrin 1 � IMIt1�rMYI11NNYaY.,ww' (L=����MM� �RenwtlprwM►i //ItN ftlr felt etst Xi7* ts0/!/t) fir tewkNd radlttttie. t, � �hoN►fOwhMo�d/»elNetllkeMeIANNNtl• tt. Q Mitt►ktna0lNlt/rl►. Q. AMkIfA"fSWWWI Jack do Alicia O'Neil 9743' Spar Hwy Kenait AN ' 99611 +t. TV,062;/whet CJrI AnNt/Nvinre► J1t waNaMrruNlf,NtnfMld k•. .. .. MAY . tt/NNOMI�r f w r 0 ... Vv v X tm a 't y 1 n s AGENDA KENAI CITY COUNCIL REGULAR MEETING "AV 71 1986 7100 PM 6sOD PM - Mork Sessions Update o/ Comprehensive Plan PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Board of Adjustments Landscape Board Docinion to Allow Roger Boyd to Continue Development of Block ), Loto 6, 7, 0 - Thompoon Pk. 2. Agenda Approval 3. Consent Agenda *All itomo listed with on asterisk (*) are considered to bo routine and non-oontroverolol by the Council and will be approved by one motion. There will be no eeporato diunuoolon of these itomo unions a Council membor as roqusoto, in which aeon the item will be romoved from the Conoont Agenda and considered In its normal sequence on the agenda as port of the General Orders. 0, PERSONS PRESENT SCHEDULED TO BE HEARD 1. Michael Treat - Treat's Cuotom Cabinets - Extend Water to Gusty 9/0 n 2. Nick Miller - S. Amon Road Extenolon � y, g•••)a Oobbis Wiggins - annul Coop uroochool - Renewal of Lease at Ft. Keney C. PUBLIC HEARINGS 1. OrJ. 1123-06 - Increoe. Rev/Appno - Airport General Aviation 1ledown and Taxiway Improvements 2. Rae. 06-37 - Setting Percentsgga of Fair Market Value to Derive Fair Return on Le000 oP City Lends 3. Ron. 06-39 - Entobllohing Airport Terminal Rates and Fee Rohedule - fV 06-07 4. Roe. 06-40 - Tranof. of Funds - Coneuitant for Airport Boundaries Map - $7,500 3. Roo. 06-4) - Awerdi% Old - Microfilm Service to Microfilm Monogement Syotemo 6. Roo. 06-44 - Tranef. of Fundo - Lawn Hower $4,030 7. Ron. 06-49 - Awarding Contract - Airport Safety Zone, CA Apron, Taxiway Improvemonto - McLane 6 Assoc. - 017,100 0. Roe. 06-46 - Transf. of Funds - Legal Notice, Legal Ospt. - $11100 9. Rea. 06-41 - Ironer. of funds - Inspection - Galt Course Roads, Water, Sewer - $109776 10, Res. 06-42 - Awarding Contract - Inspection - Golf Course Road, Meter, Sewer - Winne, Corthell A Oryson . 130,776 41� a f✓. Ord. 1136-06 - Inatome. Rev/Appno - Golf Course Road, water Bower - $04,169 e. Introduction O. public MMatinq-t� 12. Hen. 06-41 - Awarding Contract - IlolP Course Road. water, Sewer Construction - Zuback - 6349#160.22 c'� w c'�; 0. MINUTES 1. •flogular Meeting, April 21, 1986 I FT-� �� �arwrwar�awawae»aaaiararw _ i.�..�rw.�. =+�.rr 119 E. CORRESPONDENCE I. •Or. Deeds - Home Health Core 2. 9C6RA - Stets ROVenwe Sharing 3. •ONR - Lend Coneolidetiott b Management - Cook Inlet Region, Inn. 4. •Sen. Murkawaki - Cutting Federal Spending ). ONR - Oil 6 Gan Leasing Areas for 1991 F. OLD BUSINESS O. NEW BUSINESS �, n 1. Oillo to be Paid, gills to be Ratified /�f �--- 9. Raquloitiono EKcooding $1,000 ). •Ord. 1127-06 - Amending lotting Mop - Sprucewood Olen S/D 4. *Ord. 1120-06 - Amending Inning Map - Thompson Perk 9i/0 Olt — " S . Ord. 1129-06 -Amending Ord. 1121.06 - Hlglshuoh, Aliok, Swiroo Project 6. *Ord. 11)0-66 - Amending Kenai Municipal Code - Zero Lot Lino Oovelopment 7. •Ord.11)1-06 - Amending Kenol Municipal Code - Y . Townhouoo Oovolopment //0. *Ord. 11)2-06 - Amending Kenai Municipal Code - Site Plans s *Ord. 11))-06 - Amending Konoi Municipal Code - d� )�, 1 T wnoito Zone et 10. 9rd. 11$4-06 - Amending Kenai Municipal Code - Airport Lando - Lease for Two years or Comploto 11. ;0 volopmont. 1lofore Purchase rd. 1135-66 - Submit to Votoro - Speciol Election on June 24, 1906 - loouo 00 Oonda, f2,406,000 for Portion n� of Funding for Community Center 12. Appcuvul - Main bt. I.uwp, Lake, Marine, Granite Pt., f.0.0. - Change Order /4 - ($4,000) 13. Diacuonlon - Soldotna Roo. 06-16 - Requesting Ke11e1 1lorough Fund Vie/tor Industry Program with Motel/Hotel Tom ((�� 14. Vacation - 'fhompoon Per S/D 1S. Dlocuoolon - Leaoo Application - N. Page - CIIAP 16. Diccusolon - Addendum to Inouranoe Requirement - Car r /{q Rental Agencies 17. 0Jocuonion - Sooretorlol Help - Comm- 6 COMM- H. REPORTS 1. City Manager 2. City Attorney 3. Moyycr 4. City Clerk S. Finance Director 6. Planning 6 Zoning 7. Harbor Commiselon 0. Recreation Commission 9. Library Commission 1, PERSONS PRESENT NOT SCHEDULED TO OE HEARD A0301IONME N T 1 Y rl Q, i� �4 i v C�7 �r ., -.,, t F MAY 79 1986 INFORMATION ITEMS 1 - Resource Development Council Neweletter - April 1986 2 - Son. Murkowski - General Revenue Sharing 3 - Wildwood Development Co. - Purch66e of Property by City • 4 - Clarence Ladd - Comm./Comm. Application 9 - Resource Development Council Meeting Notice - 4-16-86 6 - KPB Agenda - 4-16-86 7 - Municipal League - Review of AML Insurance B - Resource Development Council Meeting Notice - 4-30-06 9 - KPB Minutes - 3-26-66 10 - KPB Minutes - 4-1-86 11 - Billing - McLane 6 Aeeoc. - M.A.P. Project - $1,278 12 - AML Legislative Bulletin - 4-26-86 13 - DOT - Airport AIP Pre -Application 14 - Billing - Wm. Nelson 6 Aosoc. - Boating Facility - $60,813.49 19 - Transfer of Funda Under $1#000 - April 1966 16 - Kenai Medical Center - EMS Update 17 - Admin. Aeet. Gerotlauer - Burnett Eeeomont, Golf Coures 16 - FAA - Discriminatory Actions Airport Uoo 19 - Central Peninsula Mental Health Center - Request for Land jw m J. 4 n M-Z CITY OF KENAI a/ 4144k 0 f Q10 PIDALAO KINAI. ALAIKA Mli TELEPHONE 213.7610 NOTICE OF SPECIAL MEETING There will be a special meeting of the Kenai City Council on Tueadayq May 6, 1986 at 5,00 PM in the Council Chambers. To be diocuasedl 1. Finishing Work oeinthe KenaigBorB 6-87 Borough ordinance 86-25 - 2. Resolution Opp g Intent to Raise Salos Tax 3. Resolution Opposing Kenai Borough Ordinance 86-40 - Attempt to Eliminato Selso Tax on Rentals The Public is invited to attend and participate. F �ajavt, Janet Wholan, LMC City Clerk DATEDI May 2, 1966 1� V - O F 7'Y 0 41 L4 n )9.1 CITY OF KENAI „opt eapdal 4 4" MOPML80 KHNALALAfKA MU1 TILIPHON1218- l MEMORANDUM FRO Pm ogera, Attorney of Kenai TOE Honorable Mayor d Mombero of City Council RE# Adminietrative Appealo From Board and Commiooionere An Appeale Board Le under a duty to act justly, r0000nablys and without abueo of diacretion on applications for appeal concerning matters before it. It is a quooi-judicial body, and while atrict rules of judicial procedure may not be applicable to the proceeding before it, the attitude and conduct of members of the Board should he judicial and impartial. The hearing ohould be a public one and is ordinarily in the nature of a do-novo proceeding and the Board ohould not refuse arbitrarily to receive end conoider material evidence on the issues being presented. Since th000 heeringo are not judicial hearings, they ehould be more or loon informal and not subject to strict judicial or technical rules of procedure. Whore no particular method of procedure for the conduct of the hearingo is provided for, the hearinge must be governed by•eotobliohed ruloa of the procedure applicable generally to admiAiatrative tribunalo. The proceedingo ohould be recorded ao an to conotituto a full and complete ototement of the proceedingo with particularities sufficient to enable a court to underotand what wee done ohould the mattor be appealed for judicial review. The Board should not eonoidor anything except the proviaione of the Iowa and fact@ determinative of the question whether the situation warrants or required the roliof for which application -Ida � l I 11 I is made. Nor can it consider burdens or hardohipo arising not1 from zoning lows but from plot or dead restrictiono, since these are not relevant to proper grounde for relief from zoning restrictions. Protooto and objectiono should be considered. It is the duty of the Board to require the oubmioalon of evidence to eotablioh facto and it is incumbent on a party to produce ;i evidence if he dooirea to preserve his right of judicial review of on adverse administrative decision. The evidence must be sufficient to Justify the administrative action for which application Is mode. In the case of a �arionco, there must be sufficient evidence of unnecessary hardship or difficulty and of conformity with the fundnmentol purpooe of zoning plan, and consistency with substantial justice. The hearing before the Board being do-novo, the decision being appealed from is not conclusive and binding on the Board as to isoueo of fact. The Board is empowered to ascertain facto from any competent evidence and members of the Board are entitled to consider facts learned by them from personal observation of the location in question and surrounding conditions. The Board may, in the exercise of its discretion, take a view of the promises at any time prior to deciding on an application, and the Board may consider and rely • upon what it oow on the view. Whore ouch a procedure is followed, however, the Board must oet forth in the return the facto known to, and acted on, by Ito members but not otherwice disclosed. Voriouo personal observations of Board members hove been doomed sufficient evidence for the taking of administrative potion. i The Board may consider the recommendation of City offiuiule but may not oubotitute that judgment for theirs. The general rule with respect to the hearings, in that witnei should be sworn, and their testimony taken only on oath, unli the administration of the oath to witnooses has been waived, Such waiver should be upon the consent of the Board as well the portion. The administration of an oath is particularly appropriate where material findings of fact must be made on conflicting testimony. Inoofor so presumptions and burden of proof, it in maintains that: "A party applying or appealing for relief to a zoning b of adjustment or review has the burden of proof of fact entitling him to that relief ..* if an applicant seeks allowance by the zoning board of a variance or exceptio hoe the burden of proving facto entitling him to It; I. he hoe the burden of setting before the zoning board th evidence neee000ry for exorcise of its aeosoned discret It follows that failure or inoufficioney of proof as to factor or element 0000ntiol to the allowance of a verim will defeat the application therofor. Unless an applie 2 A ""I M 11 In required to establish by proof all the essential elemento of his right to rellef, a board of review would have the power to nullify the zoning ordinance under the guise of exceptions or varioneeo. But the burden of proof is sustained by evidence that under opoeial eonditiono, a literal enforcement of the provisions of a zoning ordinance will reoult in unnecessary hardship and that in spirit the ordinance will be observed and subotontiol justice done by allowing a variance." Any action or decision of the Board must be b000d upon facts as established by the evidence properly introduced before it. The decision of the Board es to variances where other matters rests exclusively within Ito own diocretion, but its decision must not constitute on abuoe of diocretion or power, and in thin reepect, Is always oubject to judicial review and roverool. The reeommondationo of City officialo are not intended to prevent a Board of toning appeal or the like from either granting or refusing a permit. The action or decision of the Board Is presumed to be valid. The Board requires a quorum consisting of four and a majority is the requisite required vote. The Board is required within thirty days after the hearing, to render a decision on the appeal and can impose appropriate conditions and safeguards in accordance with zoning ordinances relative to any matter oubject to Ito juriodiction. Any cuvidiLluisd Impeced MUO ha rannonable and not arbitrary, unnecessary or oppressive and they must be related to and Incidental to the prop000d uoo of the property. Thun. the Board to not limited to an affirmance or roverool of the actions below, but may use its judgment and diocretion in making ouch modification and attach ouch conditiono and rootrictiono to the granting of a variance no in Ito opinion ohould be mode. Before arriving at Ito dociolon, the Board ohould make findings of fact upon the evidence so that any reviewing outhoritieo may be advised of the r0000ning behind the Boord'o deciolon especially whore the relief nought in granted. The general rule would ocom to be that parties in a asking proceedings have a right to cross-examine witnesses offered by on- , advermary . 1 1 a i N Wltneooea should be adminiotered the following ao an oath or affirmation prior to their teatimonyt "Do you oolomnly aweor that the tootimony that you are about to give in the ceae now before thin Board, to be the truth, _ -,.�:.� the whole truth, and nothing but the truth... So help you God? Under pain and penalty of perjury? e TR/clf �. 8/B5 a N 1®0.200-14.20.290 ine�,nn�and Notificationos (a) Intonts 110 hearings herd' by the Commission so tices Notice of the public hooting sholl at of general circulation within the City. ubliohod not loon then seven days prior to otice shall contain at least the following ription of the proposal on which the acts common description of the property and place of the public hearingl lace to contact for more detailed information. tifications A copy of the aforementioned 1 be sent by certified mail to real n the borough aasessor'e records within a arcel affected by the proposed action* not lees then ten days prior to the date hearing is to be held about a proposed involving a change in the text or major no notification of neighboring property iut notices shell be displayed in at least 925) ioord of Ad ustmenti (a) Appeals from Trv-5orricial or the Commission shall be incil acting as the Board of Adjustment. Adjustment shell eat a date for and hold appeals within 30 days of the filling of ,ce of the timc and place of such hearing ;o all portion inteceoted and to all tithin 300 feet of the property involved at !ior to the hearing* iye after the hearing, the Board of render a decision on the appeal. In )ova mentioned powers, the Board of iveroe or affirm, wholly or partly, or may p requirement, decision or requirement, ?mination es ought to be made, and to that ll the powers of the body from whom the 7 of the Board ahell be open to the public 311 keep minutoo of its proceedings showing e reasons for its docioion, and the vote of each question. Said minutes shall be mode (Ord 925) 14-49 (City of Kenai Supp. #29 - 7/20/04) IN L CITY OF KENAI ., 011 G�d�rial o f, �4�aekd M0 Fl0ALA0 KINAI, ALASKA r iv """ TdLePhOhK�is.re>Ie MEMORANDUM FROM: Tim Rogers, City Attorney City of Kenai TOs Councilmembera City of Kenai DATEt M y 1, 1986 REt peelon Perk One -Stop -- Phillips-DeVito-Sandahl On April 170 1986, at approximately 5:05 p.m., Sheila Phillipo, Spencer DeVito and Dole Sandahl, appollonto of Thompson Perk ("appellantsl% pr000nted to the City of Kenai a hand-written "appeal" from a deciolon of the Landscaping Ruviuw Board. Tho appeal, while citing "Ordinnnee 107111, to prooumably pursuant to KMC 14.25.050(h) Which providoo that: "Any appeal of the action of the Board (Landscape) shell be oubmitted in writing to the Kenai City Council." A typewritten copy of the apposl, no wall as a copy of the original oppool, to attached to thin memorandum. The appeal has six enumerated "points on appeal". In order to fully addreao thin lasus, a diacuosion of standing is nee0000ry to determine the propriety of an appeal in thio instance. In order to appeal an adminiatrative deciolon (i.e. to have otanding), the party muot be an aggrieved poroon who participated in the proceedings. In this caso, the citixono protesting the action appear to have participated in the proceedings although no formal intervention woo made. The question then to whether they are aggrieved. 1 � l f l h. 1 L In order to be aggriovod, one must dhow a opoclfic, poroonal, and legal interest in the subject matter of the decision no dietinguiahed from a general interest ouch as is a concern of all members of the community. Soo Sheridan v. Planning Hoard of Stamford, 266 A.2d 396 (Conn. 1-Q9 1oi co the proximity or the prop 000d project to the oppollonto in indicative of the required specific and personal interests. Those factors are usually raised in terms of rezoning where a proposed rezone actually effects the nearby reoidento. In this c000, the oppollonto allege they are affected by a liquor/convenionco otore but In fact, the landscaping does not aoom to affect any oognizablo interest the appellants have which can be addr0000d by this appeal. In addition, the oppollonto do not have a legal intoront in the landscaping on Mr. Boyd'o property. The oppollonto actiono ore directly analogous to challenging a building permit. Neighboro of one who is building a house with ceder aiding cannot challenge ioouonco of a building permit brood on the fact that they do not like cedar aiding. The absurdity of ouch actiono is obvious. The oppollonto simply have no legal interest in whether or not the neighbor puts up coder aiding or on in this cone, what kind of plente are utilized. The instant case in no different in the context of landscaping. The landscaping Review Board in but a part of the process of obtaining a building permit. The actions of the Board are essentially miniateriall that is if the applicant mooto the objective criteria, the Board recommends issuance of the permit. The appeal provision in KMC 14.25.050(b) is meant to apply to a perann who has boon aggrieved by Lhah Review Board, o.q. tholr building permit woo denied. In other words, o whole intent of this ooction In aimed at giving an applicant an oppool, not concerned reeidento. Becouoo the appollonto in thin case do not have o personal and/or legal interoot sufficient to create otanding in the result of the ministerial function of the review board, they are not entitled to maintain an appeal. If the appellants are not aotiafied with the Council's docioion not to hoar on appeal, they can seek Injunctive or other relief in the Courts. Notwithstanding the Issue of standing, should the Council decide to entertain an appeal b000d on the appollonto written appeal, the stated pointo of appeal no oubmittod are addreosed below. Those appeal pointo are deficient in doncribing the manner In which the Landscaping Review Board abused its dincretion or made inappropriate choicoa. The pointo universally ouggoot that the Thompoon Perk appollonto simply object and disagree. There la no objective delineation of error or obuno by the Board below. 2 r) N H DELINEATED POINTS Of APPELLANTS 1. Appellonto first ouggoot that the Landocape Ordinance "specifically ototoo that property will not docr0000 in value but will in fact be enhanced by the prop000d development." They object and dioagree that ouch will be the coon. KMC 14.25,010 doeo not say that property will not docreeoo in value. It ooye, "The general purpooe of landscaping in to visually enhance the City's appooranco, maintain or increase property voluoo, and reduce erosion and storm runoff." The obvious intent of KMC 14.25.010 Jo to provide for oome sort of landscaping. Lendocoping enhonceo a city'o appearance and Increases property voluoo. If oppollonto were concerned that the proposed project's landscaping woo oomehow gr000ly deficient (one example le the applicant intondo to put up 2,000 pink concrete flemingoo no port of hio lendecapinq), than porhapo the Appellonto might have a valid point. In truth, what the appollants are objecting to +e the fact that there will be a liquor @tore there. The fact that there in going to be a liquor store and a convenience store hoo aboolutoly nothing to do with lendocoping. Fuc ru&L1',o. J;&acuoolon of tho lenal aopoeto of this please see the April 17, 1986 memorandum attochod hereto, unoor "FlruL Quootlon Preoented." Becauoo Appellonto are eoeontiolly objecting to the entire project and not the landscaping, and bocoueo they have not alleged nor ohown there hoo boon abuse of dioeretion or name erroneouo finding of fact or eoneluoion of low, or that the actiono token wore arbitrary, copriciouo, or unr0000nblo, it cannot be ooid that the Lendocoping Roviow Board has done anything incorrect insofar so the intent of KMC 14.29.010. 2, The second allegation mointaino the landscape ordinance Indicates adoquato buffer Zones will exist after completion of the project on Lots 6, 7, 8, Block-3. Again the eppellanto have misquoted the ordinance. KMC 14.25.040(b) provides thato "Buffer lendocoping may be dooirablo along the perimeter of the property to ohield vehioulor or building lights from Adjacent etructureo and to provide o visual oeperatlon between pedootriano and vohicloo." (emphooio supplied) As the language clearly ototoo, thlo io s completely diecretionory item. Buffero may be deoiroble. The Lendocoping Review Board to under no affirmative duty to require buffers. In truth, much of what the Lendocoping Review Board requires in in 5 L.� t L .s thin nature of eloctivo compliance. Bocauoo thin nopoct of the landocapo ordinance in cloarly diecretionory with the Board, it �# cannot be paid that any error or abune of discretion hoe boon i �= committed. ;h 3. Third, oppollonto oxproon concern about oafety -�--- -- eonoiderntione n000ciatod with conotruction on the lots. Clearly It io not u to the Londoca in Review Board to conoidor oafety P P q in rolation to conotruction. Thin in well outside their i expertioe. Thin duty generally falla upon the Building Inspector who, after conoulting the uniform Fire Code, Uniform Building d Code, otc., makoo o determination no to whether the prop000d { { conotruction conformo to th000 rogulotiono. In osoence, the poroon making the docinion of whether oafoty concerno are beinq met in a group of individualo who have studied the matter for yearo. The individualo are certified enginoero and exporto who developed the Uniform Building Code, the Uniform Fire Code and j other applicable rodeo and rogulotiono. The duty of determining whether the prop000d conotruction moeto the roquirementa 00 Oct n z forth by the experts in the Building Inspector. 4. Appellant fourthly ouggeoto that the landocaping ' regulations state that orooion and otorm runoff will be reduced. They disagree and auggoet that this hen not boon atudiod and i proven to be the coon. Again, the landocaping reguletione have boon mioquoted. KMC 14.25.010 quoted above opocifically ooyo that the general purpooe of landocaping io to reduce orooion and atorm runoff. Anytime !' you plant a trooi opread bark chips{ fill in an area with grovels + put in plantings of native plants; plant ohrubot plant treeot otorm runoff ohould be reduced. That io the general intent of KMC 14.25.010 of ocq. The intent of the rogulotiono In to get come plant material In the ground. The landocaping rogulotiono do not require, nor ohould they require, an environmental Impact otatemont on effeete of erooion and storm runoff on an individual'o property. Becouoo the general intent of getting some plant material in the ground hoo boon met in this coeog no error can be paid to have been committed, no abuoe of discretion hen occurrod, and there have boon no erroneous findings of fact. r S. Appollonto ouggeot that the landacaping regulations specifically otato that the prop000d conotruction will enhance the City'o appearance. Ao diocusoed obove, there To no mandatory requiroment of any onalynio of effect on property veluee. The landocaping rogulotiono do not otate that "prop000d conotruction" - r, will enhance the City'o appearance. The intent is that V ? landscapin,�c ohould enhance the City'o appearance. ci a ar r 4 fir: .a�i - ILL /'* 11 . A. -2-_ s � Even if the Code did any "prop000d conotruction", it appeora that the appellonto have no problem with the conotruction. The appellanto otate: "The Thompoon Pork rooldonto dioogroo and conclude that a six (6) foot fence an all night light and a goo otation, liquor store will enhance the City'o appearance." (emphasis added) Because the oppollonto have concluded that the conotruction will enhance the City'a appearance, there really dean not ooem to be much argument hero. 6. finally, the appollonto ouggoot that the londocaping regulations atoto the neceoeity for the identification of on on -Bite snow storage area. The eppellento went to know the Identified oreoo. The propoeod londocapo plan no accepted by the Londocaping Review Board clearly ohowo two onow removal or000. Bocauoe thin sopoct of the regulations hoe boon mot, there in no obuoo of diocrotion or error. CONCLUSION The appellants should be precluded from appealing any of theoe Issues related to the Londocoping Review Board for the reason the► that, hove no pozaarial and/or 1A9n1 interest In the ministerial function of approving a londocapo plan. The clear Intent of KMC 14.25.050(b) pertaining to oppoola, is to allow an noolicent who hoe been aggrieved to appeal the docioion of o on atop ng Review Board to the City Council. There io nothing to suggost that rooidonto would be entitled to maintain on appeal ouch on this. Should the Council decide to entertain their appeal anyway, none of the pointo pronontod ouggoot an abuse of diocrotion or anything which would require the Council to intervene on the appollont'o behalf and rovoroo the dociolon of the Londocoping Review Board . TR/cif Attachments 5 TYPEWRITTEN COPY Of MEMORANDUM FOR APPEAL TOs City Council - City of Konoi FROM Thompson Pork Lnndownero SUBJECTS Request for Appeal on Decioion to Allow Owner of Leto 6-7-8 to Proceed with Building Project (Ordinance 1077) The Thompson Pork Rooidento Appeal the decision of the Landscape Committee/Commisaion to allow Roger Boyd to continue with the proposed development 61. 3 of Lots 6-7-8 on the following groundas 1. The Landscape ordinance opocificolly stotoo that property will not decr0000 in value but will in fact be enhanced by the proposed development. The Rooldonto of Thompson Park object and disagree that ouch will be the cone. 2. The Londocapo ordinance indicates that adequate buffer zones will exist after completion of the project on Late 6-7-8-81. 3. The Residents of Thompson Pork object and disagreo that ouch will be the case nor has this boon proven to the Residents. 3. Although there is a question on which committeo/commiooion has the authority/power to consider the numerous safety problemo 0000ciatod with the construction on Lots 6-7-0-81. 3. There is no question that some group must exercise the authority and strongly consider access available to the property and the resulting lack of oofoty to not only the Thompson Perk reoidento but to the public at large. The Thompson Park residents disagree that any serious consideration to oofoty hoo been addr0000d by any group. Notes Consult the Kenai City Police Deportment for verification of this statement. 4. Landscaping Rogulotiono state that erosion and storm runoff will be reduced. The Thompson Park residents disagree that ouch on been studied and proven to be the case. C/ 9 a i wo E ePM- X#e 0 5. The Landocap►nq Rogulationa opecificolly state that the > proposed construction will enhance the City'e appearonco. ct The Thompson Pork rooldonto diongreo and conclude that a oix (6) iz foot fence on, all night light and a goo station, liquor otoro !1 will enhance the City's appeoraneo. -;r.. 6. The Londoco a Re,ulationo otate the neceouity for 1 identification of on nits anew storage Areas. The Thompson Pork ►oaidento wont tc know the identified arena no �. Lots 6-1-8, 81. ) are small and load the reoidento to believe A that landowners will be adversely affeetod. We respectfully request that the City of Kenai Administration and/or City Council notify opokeoporoon Shoilo Phillips of the appeals date, time, and meeting place at the earliest convenience. In addition, we request o description of the proceedings to be followed. Signedt Sheila Phillips Spencer DoVito ` Dole Sandahl Datot April 17, 1986 (, 5105 P.M. 4 f. 1. i j} 1 f-L F I -I ee; —,, x /� we Zz . 4 i. G� �,.L "-.set ,uc .✓�' �4-(R ; L' `' eea®r ' j c j�7�c�--- /'Ll/�l".--Q-rtrR.� �-• � t�2�lC_.i1 � eCi• / L. l_ nr.r.tfrfr.r. .rrwra�turr<r,�trr.ralaww.fr��� 1�1 wrrwtatl�wwl Penin.-V%Mla aario THURSDAY April 11, 1988 Vel• 16, lbgue 1416-�—•'• The laenln+lul/1 CISH01111/ U•B.I'•8- 438 410 KOM, Molds Monte ; ssr � • �:r, l►r•s• 1,.,,„•1 4 ' •:! designate,, Residin�i�:.:� .. , 04 Boro plans to g t aleih with.,;``'�'•pW r��l;M,. Crown Point disaster area ., City over":: .. ,�.., ! ld.�,l a:'t i,Y ��. • y • ! ayrottrt�IAwrttlt/ r CnlsreaoeyMaaateMntt•INoaNswdlbs 1 ,, , ` •1 . +•. 'I �'. � ' � • Y II.fOf1Y1lOIM maJOf Caelpalata e1 rwldesta 1s 1M Yrb d variety store . ;�• �tir.;y;� ��'•�:•':: Kensl PANUO Mayor bun ,fianOfoo oDmwYtatMa, v., . , ,• ... ti%; ;` C �.v'; .I, ppbntOdeclareo own tllsalta carWlrtaOom auflsrdMYsd kaiMesl dl TSampesn Pub , • .,.'. : r �: oldwasMeiscoac pvbbadRnrrpaoyi.� •ir� , IN sold lM datUlOn was mach u aa• nsek spray 1bs Alaska iteUnad• NrssaY Ir1d111taandKeelCIbAt• • . ,ty- h ,• junetlmwlthOov,BilismiIlMlseWand Department M EWUWABWW 0Mffn► W .. r•. +� :;�'r/a i �n '�•. after. uteeonfenoa Tunday night•N► tan, AM MMn Mw Mw sdit M ' Tim Potns at erl ^ i ., , ,writ? � ,, �t r •, ��y ' vdvft residents of IN am and WA I a'a dt/enOfaUynlMyaraee�rNrBR ro. N a CU OaimtY , 1-0- " IyUN�. TM Official wtatocammt is psM mid an esra4a el a aa� ■Mull/ cell• the r'selfemta • • ,�, i .jt��'l. ..,,'li:" i•n ' es�cuolads MMM Mi pebble rY Visa fail 1 htavue wUk aq pf►• a • � � , . � r r; � He Mw In.cturllty the boroup►'• detbt► tee the forasO tkatOK tea Alma era { CMIdmta an p OUM '•$ . w . '' , ' �, %'"�' t'j A r auan conks Uttlowel{M, glut u dMlfWadta l�yyo�oqpMMso wen Comm" a as. of fY � A T+•M• kt•; t +1 tr1 Unaute'IMKMrltamt000Df Uab ,ailokaMutMbnrsrueanr.Mat y IM11MequleUteduMlltr ••ltr.,rR• •e •• rr' .t�izl fie► HWidUlg Ur not N adlT j A' t h �>f,9'� Use NndWl1 of the dUMof 1 wLie would anoff I Uaepen Itad Ilew MAIM Mat pacts ;,''i+ '•',. •. •...:�. 1 r �� a 1ArolwN 1Ae DtvUton of Kme►teroy M►• .MWmeM• 7Aoalaea saes U Mi a aD a li l w a but n/ permit [er.Iv!•f , �' 1 : r • r .iF.. + t :. ."S Use proposed Oae81s .. •.'a 1" • r 3 ! f«s�,+ ,. h C vlaf.11woWdbsuyblMetntabdeCldaK UMpvwaMespoM oUet Hamilton eaaryasauuenadd .� r.•: , , ° : ;i'•Y:P,;' Itwanubear belles .MMtd N Aa.ordlapIs, Visionf" fIM1 �uw state .bbaatg Ur �•• !a. x•� f• ° t/ "IloMmeb IMprKtlesllhuybdo, spekwpMses HI Swa adlioat la.. r 4 "' TMmpaonaid,addkylhatUlebaraudiliad . +' , g y 1 r done ail 1! Could Onugh Ita own Ol la d : }. •,lv• MCMdaMpOalf•/gal/ TYanponparbouENvUloa , • r. ' Residents A" appoem to ,,• t W a •'' Federal officials concerned abdivWwASee anpossible r• 1. +rdN:+,' r' T��V,/�,/� a� 4KUN d UMU residential ,n . about, ,i lioiarrbAl�i �IC a� !'�� • poperlyahm .., . .. . �• ... ' aavwsuvscanm • , asl W I tr atU/Mm/ (11f1J1M ,. , ' ". '.• ; /r011lmMrw „ t e b raw. wN& is InMtW a/0 on the Maur. OKalra it, i• n• • "` ' Mnffnocein i dtnabesrdda .•.,,ail, � ". •... r' ',. . �� TM tsdrnl Pith and WIW1Us &Ml'a te Ueu 1 wUdewwaraa, The t,Les 1 Asti moy ppub jg r I : ! rgWounB the state to find the coma Of a ratan mesa am W smadarAs car Y fe either a NUdlempily a , +r a • i �yw; 1jt ms at smog that sometimes eattin In the metal%oouA , plaaNM aid fodN COW ... +yens, ^ r, muss dlelelos. I ' Sl/hty protactM ail the Tusadd say Z11N HNup• DebMy go nprad Mtperbr 1W 1 wisthoostral wlWit. Mega• Myy$a It WY i E Tki caned pve'its can• btvntlma bMar /rom "We JW1 sw somMhlml MpptdN ad then test we INnit oWd be looked Into; tMfinluwttantophutsMosetaMd Its CWAM Of Ur Tlltadd nor fib• Its , sees the resident.. Resident ,, ,T...• • • ; •.ri .1i'aui'irtJ�wa'. ? ' J Mid Ilob Bowker. field supnvtaa d w urvlto'sAnchatsPOIRCe. am the ail Ceseenr wan eaplMaaA r 114. When Tesoro = rM WM air IpambevlbutdhbtUwy had ses to a landscape/ r•y• '' .,yW •� °5o'rQt: `r• • , ` . r ... The federal callcsrlr wen brallill up Itr aSaUty aatepses tN ItatrAlMryarsnsMa '... 1 bard that Md patpolssd • decision, He Mb M dldn'1 xt r• ., fleetly by an application by Martian 08 an air yyutluy permit tar !b raw lstt pan I 'Ilia alma uiiaa11g�� a 1Uatn r � � kawwMtUrlinustepru, ,w. and MBoved the Wwnce of �t ` • luMlheadpbrtam. St Marathon's 8teslMsd platform has fin• cut IetLU toulksr�pslhnlea taatfab at Yrt a tmry after an, d tewlaetr - a bU1Mhy prldt wa Me• ed u a esryol b bath some d the ail �uaUlyeanamautInUrapa. tromlMpuklNaadalserrlpadw.Debary } sutriu aNOfrsapsMKogcwoetasewlr I .I �- missal. Repro advise/ DoylbtenadlbenmdclplJ �•r,• r, �� gy p• rrr.• 'r BorrternidlMssevlaW1110ergtraua/ UN el te's Department of t3nvlenmsstdmaall Uwdfsnaaeureetaga "Atequality 101 lupMaAMONW nM I ��!r , OawwattontelledaulrrMtbealrlrlglr Inleasalfetttp•"IlsbsayaYi• l y TkieemiellsMspraa obfmwdlniadulpMr plumeolamvg. Its Wd Kent National Wulf* MNps , ,,;,, M •� •fMaMMeSM+ caidwatheinnbold w 1, A,., .,. v.., .• t,.;.' •71�, lottery _ - two "�" "' North pen/nsuls starts l: t. fast ywt d tba fr steles tKwn8 fib& . f�, sA! bw .. F�MSM sae Midi SwAi lei Nee in" , a ,• + :. ., .1 iNJt.ep• 'v+�•� �,"fie ' ltebf 4 ows wetef W"'way, doo1111 sN assawwdd hruy,tuns t for m pateb d ean" b4 then will bs twe otpaUkaal ebarrM taueptldebanavaL4�+iisllbay ANputestefal l/ywndagowdb.la ( �' bir/IarwlaNspalsrallt Itwawwl1 Nttsuea. itfal, Urtaaddo t/N/!hh sfMdletarNlapgnieM•MdW1a11MWM elvllwY aia lkllgryr enpt see YebM fw palplaaAanel/Mllepgdm TMaMNrit!ipfivlAsafw dpaeSeM•aMpnenldUewnlbnelyd• 1ifMi• Terry W► �`. IkiwafarWMldrfaW IMo1 Aid eenlid, lam0 trl ptrelsatM esvMdAYIMosMreeM to V' ' abfotaandn/IeraaUslslof stirs ayyaaus p IYsiip a IV' IMa1Mb Ufa NuwT•wW still be VA sm soTkbatefraM MafbMt•'t "Lou plifelMs/ pa Mq uallMMerW rlYlltra . I ■r rd tlefNb UrisM - d dlrr y , UM• =oi- • ' 8 nM MM win be aaUable w or IM wm w tam ca. I tarp Nw.11; as fe a11M Ilssrttlar�N ,M,ge�MA sty ttstl► + . } . soar. AD.MM9 nfM a' QO }ly'e kite Caralye TurkingtN, a home" food TliepatMarrislitiMNtltawtwMlD dlyl tress 1M ' fmt• kwam, tl www fie• • ,. , �;t r :.. 1 manaomm dMw• "Io tke paw• lose' back IpesrrasNp rW Saes tN ealleAlr ilwslkrywarWlMastthwpsrnllWrls aaoslal Institutions by ' ANaOeNlMiafesMvaMapdeprrgkMtesesu; sat allswii` their Massa ekIMWMssel+yMMWWOMAN$$$0epinKati aidwa l"or uvism".'• I TMNNrasp Ionia from l•IanwMt7' WdtiNWamakoNcwap/yMA1dd ", � � s bpsitneWrtka� ttMaYgMyAka11+y1 + 1• Ma,11M, --- aeresaMtvUlbsmadesvaUahNgtMpr anrkwel1ck1111drsrirwsackl>•falr . . ,,,, , IeeIAlIAa1A/Ig1 _ .. t l _ ,/// / • '5 /n41eR11hMN Inflow ewAasn Ndion p/g/e etoau ---- p/Ie11 Tedfiv'AwtA1Mp -: - ! _ -- .I J e CITY OF KENAI PUBLIC NOTICE The Council of the City of Kenai will be convening ae a Board of Adjuotment on Wedneoday, May 7, 1906 at 7s00 p.m. In the Council Chombera, 210 Fidolgo Stroot, Kenai, Alooko, purouont to written appeal by Thompoon Park rooidontas 1. Sheila Phillipo 2. Spencer DeVito 3. Dole Sondohl who, "...Appeal the decision of the Londocepe Committee/Comiaeion (sic) to allow Roger Boyd to continue with the proposed development 81.3 of Loto 6-7-6... " The aforementioned property is zoned General Commercial and the propooed development io in compliance with avid zone. The public io invited to attend and participate or submit teotimony to the City Clark before May 7, 1986. Jenot Whalen, CMC City Clerk Publioh 4-25, 4-29 CRY OF KENAI BLIC NOW011 [AdJUA"" he COWN11 of the sly of Kerm W11 be can ank��l►'MWT.Igo$ei7: pm,,ngnat 210 RIdtl00 street. Kesel, AWq, pyf110 wKfhrl " by Thmion Park feemmn'te: 1. 8hft Photos E. ammer OeVft who, ' Appeal fhe WCMon 01 fbe LenCW pe Coenmse, Won plol to Blow f W soya to a mmue W"h the p evom dewlap ml 01.3 of Loh G.?.8...,, The Uo'"'t k>nep Iy IS Mod General Q=W&W an0 ��wb NlMNitlWWV8fBolplt•ameue'^M q► to the City Cork before May 1, thee. Joel tMleho, CM0 ruiusuf titl<.� 2E,iL CNrN U., • _.._.....,..,._,..__„_•...,_..........._,��.-r�,�,...��,°�+-fir*"" • Y'� 0 FROM= TO DATE1 RE i F CITY OF KENAI „opt edpAd oj 4"01 NO MA= MINAI, ALASKA M11 TIL W"1283• 763S MEMORANDUM Om Rogerat City Attorney C ty of Kenai Lendaeope Review Board and Membere of the Planning and Zoning Commiaoion April 17, 1966 Clarification of KMC 14.25.010 and Other Issues Relating to Thompson Park Development Four legal 49OAtione have arioon in relation to Lhe proposed � Thompson Park Convenience/Liquor Store Lomplox. FIRST QUESTION PRESENTED - Can the Landscape Review Board deny e ui d ng perm o an applicant booed on the fact that the proposed construction could lower surrounding property values? Short Answer - No. If the Londscape Review Board acted in such o mannert= would be outside the scope of their authority. The action would open the City up to possible legal action. SECOND QUESTION PRESENTED - Who eonaidere maintenance or nerease in property vo uea in making decioione regarding develoment of the City? Short Answer The people of the City of Kenai acting through e eated officials have established a zoning ordinance. One of the chief functions of zoning ordinances Is the protection of property values. Citizen input is a vital requirement to enactment of any ouch ordinance. 1 :F: b 0 1141RD QUESTION PRESENTED - What offoct duou the 14-day limit in RAC i' i.�i3 b ,t©'v�e�n thin cauu? Short Answer - Arty time the Hoard fulls to act on the matter for 1+ dayn, the building official is empowered to lo9uo a building permit. FOURTH QUESTION PRESENTED - What appeal rights would parties "aggriovodw by the Landscape Review Board havo? Short Answer - KMC 14.25.050(b) provides for an appeal to be made in writing to the City Council. Such appeal rights would probably not extend to residents in the general vicinity of a proposed project area bocauoo of standing requirements. FIRST QUESTION As per the attached copy of Janet Loper's April 9, 1986 memorandum, the Legal Department has boon roquooted to review KMC 14.25.010 on it relates to the Thompson Park proposed liquor store. It appears that at the last meeting of the Landscaping Review Board on April 8, 1986, the Board discussed the provision of KMC 14.25.010 which provides that: "the general purp000 of landscaping is to visually enhance this Glty's appearance, maintain or incroaoe property values, and reduce erosion and ntnrm rsinnff." Reoidanrc ii: the area protesting the liquor store are coking the Landscape Review Board to deny the initial phase of the building permit for the liquor store booed upon the allegation that residential property values will decrease because the liquor otoro is close to the reoidencoo. They also allege the premisoe will contain gas pumps and that water systems are nearby. It is unclear how those allegationo relate to landscaping at all. The question is whothor the Board ohould consider the maintenance or Increase of property values in its decision whether or not to approve the alto plan for the liquor store. The property owneru are urging the Landscape Review Board to tear the words from the oontenco in which they appear and read the oentence separately from its paragraph. Such methods of interpreting statutes are impermissible. Hutchinson v. Board of Zoning Appeals, 100 A.2d 839 (1953) d Mills v. at on Hou", 29 .2d 447 (1946); Hackett v. Gale, 179 A.��+ . General rules of statutory conotruction must be followed. These ruloo apply with equal force in interpreting ordinances. The intent of the logialativo body is to be gathered from the ordinance taken no a whole and not merely a part thereof withuut L 4 1 r I I 1 M reference to other clearly expre000d proviolono. All provioiono In the ordinance muot be given offoet, if re000nobly p000ible, no 1 that no part will become ln0porntive. Soo Taft v. ZoningBoard i � of Review, G4 A.2d 200 (1949) and GulPord v. Ian O o VY 5.29 M8 + 1 It in clear from the entire ordinance and all ordinances falling under the Landocapo Review Board KMC 14.25.010 et oeq., that these Code sectiono Oro prov.lded for the purpose of providing some review of landocape dooign. The plain mooning of the wordo In KMC 14.25.010 are that the general purpose of lone io to visually enhance the City o appearance and maintain or Increase property volueo. It dodo not oey that it Is tho purpose of the Landscape Review Board to decide what maintaina or does not maintain, increooeo or d000 not incr0000, property values. The function of the Board is to examine variouo plans, and through objective criteria, Orrivo at a equitable and fair decision about whether prop000d landocaping mooto those objective criteria. Were the Landocapo Review Board to, through its octiono, prevent the applicant from obtaining O building by permit Ouggeoting that the property will not maintain or incr0000 property volueo, the Landscape Review Board, among other things, would be acting for outside the scope of its powers. The effect of such action would open up the City to an action at a minimum, for mandamus to require us to Inoue a building permit. See Anderson, American Law of 70nir, , OZ6.01 Mohnko v. Cou honour, 458 P.2d lColorodo 19 9)i Solb ea t o. v. 5On �icni-0,Ure. 514 P.2d III (Cal. App. 19 ' ar ouo other opt ono are 0100 available. The prospect of having to operate the Planning and Zoning and Londscape Review Board under a conoont decree or compuloory injunctive ardor ovoro©on by a judgo io not compatible with an efficient and fair administration of local government. In ohort, the Landocapo Roviow Board needo to resolve the landocapo queotlon and allow citixeno or applicento who perceive injuotice to purouo th000 claims in another forum. SECOND gUESTION As to the quostion that the public wants to know, "who doeo consider the maintenance or incr0000/docr000e of property valuoa?" The anower is, the pooplo of the City of Kenai make those decisions, through their elected officials on the City Council. One method the citixeno of the City of Kenai ueo to maintain or Increooe their property volueo to a zoning ordinance. The City of Kenai hen one of theoe ordinaneon. In an attempt to maintain or increase property volueo, otudloo were done and 0 Zoning grid 2 "t1 `t, Y Vo - 0 to woo layed out over the Cityof Konol man � y years ego. The , Council voted and adopted the zoning ordinances. Before the zoning woo put into effort, the citizens had on opportunity to be heard. Chargeo have boon mado from time to time by rezoning. If persona oppose an exioting zoning clooaifiention, they con petition for a rezone. Of course, Intervening rights of others who have acquired property In the ores as wall sn variouo legal doctrines, i.e. catoppel, may preclude a successful rezone. THIRD QUESTION KMC 14.25.050(b) provident "Meetings and Procoedingo: The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall issue a building permit upon spprovsl of the associated landscoping plan by the Board or the expiration of 14 days without official Board action, providing all of the other requirements for the issuance of a building permit have been met. (Ord 1077)" The question has been raised as to what effect this provision would have in the inotent case. The plain moaning of the ordinance is clear. Upon a lopoo of 14 days without official action, the Building Official is required to Inoue a building permit. Ao noted by the Legal Deportment during the April 169 1986 City Council Meeting, for the Building Official to act otherwise would be in derogation of his duties. In this cone, the Board took action. It tabled the matter on April 8, 1986 pending reeponae to a quootion to the Ronal City Attorney. Had no "official action" boon taken, the building Official would have boon required to locus the permit on April 22, 1986. It now appears further official action will be taken on April 17, 1986. This action will toll the running of the 14-day period. It should be noted that the Board cannot continue to table the action indefinitely. At some point on action is required. Given the number of continuances in thie ease, it Is arguable that the point where dome decision is required may have already passed and to proerantinete further might not be viewed by the courts no acting in good faith. FOURTH QUESTION PRFSrNTFO The subject of what appool riqhto individuals may have •o a rooult of sctiono by the Londocope Review Board wen reined at the 4 In 3 April 169 1906 City Council Meeting. At that time, the City Attorney euggeoted that there io on appeal procedure under the Code. However, comment on the queetion of the extent and application of the appeal woo r000rved. KMC 14.25.050(b) provides in port thetl "Any appeal of the action of the Board ohAll be submitted in writing to the Kenai City Council." In order to fully addr000 thin iuoue, a brief diocuooion of standing io necoseary. In order for a party to appeal an administrative decision (i.e. to hove standing), the party must be an aggrieved peroon who participated in the proceedings. In this coon, the citizene protooting the action appear to have participated in the procoodingo although no formal intervention woo made. The queetion than io whether they are aggrieved. In order to be aggrieved, portion need to ohow they have a specific, personal, and legal interoot in the oubject matter of the docioion no distinguished from a general interoot such so is a concern of all memboro of the community. Soo Sheriden v. plannin Board of Stamford, 266 A.2d 396 (Conn. 969 n thie case, the proximity or the prop000d project to the residents would likely indicate a specific and peroonel intoreot. Were the queetion rolood, it is queetionable whether a legal interest is preeent . The oubjeaL p&uowit j la validly xoncd as comm9reia1 and it to uncertain how a court would interpret thooe particular resident'e legal right to appeal. If on appeal is forthcoming, this office Is ready to addr000 the standing queotion. It ie likely eloo that the residente in this cone could bring an action in the local courto eithor by way of an administrative appeal or by way of injunctive relief. The otanding queotion might aloo crop up in one of th000 contexts. It to important to note that thin office is willing to prepare further reeeorch for the Board or Planning and toning se the need arleee. One final point Is that there hen been filed a petition to rezone the property. This action will probably raise questions es to the propriety of ouch action. The Landocape Review Board should avoid entangling itself in these questiono and proceed so it doom with all landocapo propooitiono. TR/cif 9 —:1 .,1 I � I , i 1 5 , Y I ' 1 0 rITV OF KENAI 'Od Oap4W 4 4" i 210 PIVALOO KENAI, ALASKA 99611 e -- TELEPHONE 283.703e It gp9 1986 ` MEMORANDUM '//y pf1rtir „ 70: Tim Rogers, City Attorney /:rip /- 0 ~ FROM1 Janet Loper, Planning Specialist }! SUBJECT: Clarification of 14.25.010 for Landscaping Review Board DATE: April 9, 1986 The Landscaping Review Board has directed me to submit a request for an opinion on the following issues: i At the regular meeting of the Board on 4/8/86, the Board and persona ( i present discussed the sentence which reads, "The general purpose of landscaping to to visually enhance the city's appearances amethtsiW6v irlc�eeee•�prbperty,;�alUei�; and reduce orocion and storm runoff." (Ord 1094) Both parties are particularly interested in the second phrase in that the public is maintaining= 1) the residential property values will decrease I with a commercial enterprise which operates 24 hours, 2) has a liquor license this close to residenceo, 3) and goo pumps with no water oyetem nearby. The Board is dubious no to whether they are able to consider these items in reviewing the plan, and if not, the public wants to know who does. The Board postponed decision on the plan pending your response. Mr. Boyd has asked that the Board hold a special meeting on Monday evening. The Board had indicated on 4/8/06 that they would be willing to meet with Mr. Boyd, hopefully at hio convenience, (two members will be out of town the rest of this week) in order to move the plan along. � 3 •_ I_ --_ 1-�, 0 CITY OF KENAI Vd Cap" oJ 4"#* 210 il0ALa0 KQNAL ALAaKA M11 111UPHON0410•flia MEMORANDUM TO: Kenai City Council FROM: Janet Loper* Planning Specialist SUBJECTI Landscaping Review: Lots 697,6, Blk 3, Thompson Perko S/0 - One Stop Convenience Store - Roger Boyd DATE: April 20 1986 City Manager Bill Brighton has asked that I submit a brief summary of C) events for you concerning the referenced commercial enterprise as of this date. Mr. Roger Boyd submitted a brief set of plane to Planning Specialist Loper on 3/11/06. The plan did not meet the requirements of KMC 14.25.030 and Mr. Boyd was contacted, eemplee shown, and he was asked to resubmit. Mr. Boyd resubmitted the plane on 3/17/869 the plans still did not comply. Planning Specialist Loper took photographs of the area and coded the plane to the photographs in an effort to supplement the second set of plans and move the project ahead with no further holdups. On 3/25/66 the Landscaping Review Board met in regular session and was met by a larga group of people. One unidentified individual asked if this is the meeting where the 07-11 can be protested". Planning Specialist Loper explained the functions of the Board emphasizing that the Board had no -individual over types of businesses or Boning or other matters. The individual stated he understood and turned to the members while I continued to set up for the meeting. I would approximate the attending public to be about 25 individuals. Before the Board meeting began, Councilmen Hall, the Board, and I explained to the assembled persons the same information related to the individual, ageing that the Board had no jurisdiction over anything involving the business except the landscaping aspect. Many questions wore asked, the 13 1 L - ... . �J . 0 . "One Stop Convenience Store - Boyd" Page 2 answero were that the toning woo correct for the type of buoineos, tilting of the building, parking, and the liquor license were all in order. In short* the business, in every way met City requiremento.All factors did not fall within the duties of the Board and all questions were answered, however, the assemblage left the impression that they would pursue any avenue to prevent the business from being constructed. Since that time I have had no phone cells, no petition hoe boon submitted, no further contact has been mode from the persons attending end/or speaking at that meeting. The minutes of that meeting are attached for your information. SPEAKERSt Mr. A Mrs. Clancy Johnson Mr. A Mrs. Spence DeVito Mrs. Tweedy Mr. A Mrs. Dale Sondahl Mr. A Mrs. Von Phillips 11 rr "ski I W, . I I p . . . . . . . . . . lot I .9. f 0 r FBI N �i l) KENAI LANDSCAPING REVIEW BOARD March 25, 1986 at 7sOO PM Kenai City Hall Lou Schilling. Chairman CALL TO ORDER 8122 PM by Woody Cole 1. ROLL CALL Procentt Cole. Evenoon, Oberg, Schilling Aboentt Color, excused Also Presents Fred Braun and Bob Cowan of Old Town Committee Planning Speeialiot Loper, Councilman Ilall 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES of None - loot meeting a work oeooion 4. OLD BUSINESS a. Review of Member's Draft Policy Statement b. Review of Draft Site Plan Ordinance c. Review of Draft Townsite Ordinance 5. NEW BUSINESS a. Landscaping Reviews Lots 697,89 Blk 39 Thompson Park S/D - One - Stoe Convenienee. Storer » Roger Boyd ..�.�+•w...r�r - Mr. Roger Boyd told to bring in a legend of treeo, define poles, grace over tanko may not be sufficient. Board Member Woody Cole suggeated crushed rock. Spell out fence - kind and height. MOTIONt Board Member Oborg moved. seconded by Board Member Schilling that the plat design plan be delayed for 14 days at which time Mr. Boyd will present detailed legend of trees, define pootts (telephone poles) street diotaneeo, fence kind and height for buffer tone. VOTES There were no objections MOTIONt Board Member Oberg moved, seconded by Board Member Schilling to adjourn. 8s40 PM W60 i..rw �rrrrr.� tw 0 f LANDSCAPING REVIEW BOARD March 25, 1986 r _ Page 2 6. BOARD QUESTIONS AND COMMENTS r.S ,.; 7. ADJOURNMENT °j landscaping Review Board Reconvened at 802 PM. MOTION: ! Board Member Schilling moved, seconded by Board Member Oberg to oend the Yraqui plan back for more detail. ' VOTE: There were no objections Planning Specialist Loper instructed to talk to him about the requeot. 1. Postpone 4a until the next meeting. r. Postpone 4b until the next meeting. i Discussed the Townaite Zone Ordinance draft with Old Town Committee —_ - representatives. i MOTION: Board Member Schilling moved, seconded by Board Member Oberg to adjourn to work session. 4 101 i i 7 11 49.07 ON F 14.25-14.25.035 Chapter 14.25 LANDSCAPING REGULATIONS Sections# 14.25.010 Intent 14.25.020 Appllcation 14.25.030 Landscaping Plan - Submittal Requirements 14.25.035 Landscaping Site Plan 14.25.040 Landscaping Plan - Performance Criteria 14.25.050 Landscaping Review Board 14.25.060 Security Agreement 14.25.070 Definition - Landscaping 14.25.010 Intent: It to the intent of thio section to provide for londocoping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City of Kenai. The general purpose of londocoping Is to visually enhance the city's appearance, maintain or increoss property values, and reduce erosion and storm runoff. (Ord 1094) 14.25.020 Aeplications Thlo section shall apply to all commercial and Industrial development within the City of Kenai. "Commercial development" shall be definod an any improvements requiring a building permit for construction of $10,000 or more located on properties within the Central Commercial W ); PLnernl Lommercial (CG), Meavy Industrial (IN) and Light Industrial (IL) zoning dietricta. (Ord 1094) 14.25.030 Landece in Plan - Submittal Re uirementa: Three (3) copies of the landGeoping pion onoonall be sum od to—Fhe Building Official in conjunction with a request for building permit in compliance with thlo section. The landscaping plan shall be prepared at a minimum Ocala of 1" a 201; and shell Include the following information: (a) Common and scientific name of the planting moteriala to be used In the project (b) Typical planting details c) Location of all planting Or000 and relationship to buildings, parking arena, and driveways (d) Identification and location of existing vegetation to be retained (a) Identification and location of non -lying londocoping materiels to be uood (f) Identification of on -alto snow storage areas (g) Drainage patterns 14,25,035 Londagnping Site Plane Require submittal of preliminary site p on Ond approve y the londocoping Review Board prior to any land cloorning and/or trOP cutting. (Ord 1094) 14-63 (City of Kenai •Supp. 040 - 1/16/06 OW� / F a k, t , 'I 14.20.049-14.25.050 14.25.040 Landscaping Plan - Performance Criterint E�r� (a) ObJectivoot ` An effective londocoping plan should utilize 4 variety of techniques for achieving the intent of this ordnance. The appropriate placement or retention of vegetation in sufficient amount will provide the beat reoulte. Perimeter, interior, and parking lot landsceping should be included on components of the overall landscaping plan. (b) Perimeter Landscaping: Perimeter landscoping involves the lend atone adjacent to lot linen within the property boundary. Thin buffer londocoping aerveo to separate and minimize the impact between adjacent land u000. Buffer landscaping may be deoirablo along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a viouol soparation between pedectrione and vehicleo. (c) Interior Landscaping: Interior londocoping involves thoue arena of the property excluoive of the perimeter and parking lot oroan. Interior londocoping is dooirsblo to separate u000 or activition within the overfill development. Screening or visual onhencomont londocoping Is recommended to accent or complement buildings, to Identify and highlight entrances to the site, and to provide for attractive driveways and streets within the Oita. (d) Parking LuL Luoidtnuaplioyi Parking lot landscaping involves the land scene odjncent to or within all parking late and associated accoos drivoo. Parking lot landocaping serves to provide visual relief between vehicle perking areas and the romainder of the development. It also Is desirable for the purp000 of improving vehicular and pedestrian circulation pattorna. (o) Maximum Required Landscaping: The Londocaping Review Board ohnll not require more than five percent (514) of any Project area to be londocopod. 14.25.050 Londocaping Review Boards (a) Membership, Quollfientiono, Terma, and HuLoot The Landocoping Review Board shall consist of not lose than five momboro who aholl nerve without pay. Members shall be appointed by the Mayor and confirmed by the Council. Mombera shall be appointed for a term of throo yearo, excepting the initial members who shall be appointed for o one, two, or three your term. The Board oholl elect a chairman, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpooe of tranoscting business. 14-64 (City of Kenai Supp, 040_. 1/16/06 ) V 41 A.. i 14.25.050-14.25.070 (b) identinga and Procoedingol The Board shall moot to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall issue a building permit upon approval of the aesociatod landscaping plan by the Board or the expiration of 14 days without official Board actions providing all of the other requiremento for the iaouonce of a building permit have been mot. Any appeal of the action of the Board oholl be submitted in writing to the Kenai City Council. (Ord 1077) 14,25.060 Security A reomont All required landocaping as preoented in the approved landucaping plan aholl be installed prior to the ioeuonco of the Certificate of Occupancy by the Building Official. The Building Official shall make the final Inspection to verify the completion of the required landocaping. In the event that the landocaping hoo not been completed upon request for the Certificate of Occuponcyt the Building Official may entertain application for a one-time termporory nine (9) month Certificate of Occupancy which ahall be subject to approval by the City Council. 14.25.070 Definition - Landocs in : "Landscaping" means the treatment of- a ground our ace with live planting materiale, including but not llmitcd to, treaq, nhrubot grasa, ground cover or other growing horticultural material. Other materiola ouch an wood chipsq otonet or decorative rock may aloo be utilized. A liot of recommended landocaping materials shell be provided by the City of Kenai. (Ord 1037) 14-65 (City of Kenai Stapp. I)9 - 10/16/05) 1— -1 �a V-`1 r+tf Door Slrs, `t'a We began Treat Custom Cabinets in the summer of 1981. We started i n a garage behind our t<<' ,j home. Ina very short time we completely outgrew that shop of 1100 square feet and moved into 14>` our present location at 358 Coral St., Kenai which Is 8500 square feet. j a In the pest we have serviced about 752 of the higher and homes on the Peninsula with a high ! ; ;quelity custom cabinet. We have developed a respected name in our business. Our clients refer y y Ito us at efficient well orgeniaed while providi no an excellent product. WO are one of the few menufeeturers in thi, area. We normally provide jobs for about fight employees, and that could - reese this year. ght now the future is looking brighter then ever for us, our business is eganding in order to + , • fviee Abe full spectrum of the market, instead of just the high end portion in this area. We are 'N;% oleo going to carry a "modular" cabinet, simuler to whet the lumberyards sell. We will ~ r ` �: , }• ve the cabinet parts in our shop end we will easemble them here. We will Install them and • { our custom AM m as an added touch. We have already got a fantastic response concerning these 1 bongos we are making. We won first place in the Homeshow just lest week. Even though economic times look a little bleak locally, we are more concerned with how we ere going to stet' Up with the work flow, then having enough work. Even now at this ti me of year we are swamped ,►cl ;jA,;'j �..;,beceuae of commercial work that we are doing. �TAe problem that we're running into right now to that our insurance company 1s wonting us to r Win ejtAer an extingushi ng system in our finish rooms or a sprinklings 1ptaiOn our entire • . we can't do this we will loose the lie altogether. The coat oft chemical q � nqushing system in our finish rooms would be approximately $ 1 S 000.00. The cost of a ,•,. ++' _ 1'..l;,f ;t4,.• lbprinkling system in our entire building would be epproxi mate) y $18,000.00, We would much refer utti t r ,� �•�; �, .pp p no he sprinkler system into the entire building because it would make the whole I ?,",;;11,;'aa;��+fbuildino aster olus it will bee permanent solution, whereas a chemical system in the finish -' ' ;�"� : °�� »'•`' '' Iftas would not be as adequate or as permanent. A chemical system in our f rdsh rooms would be a short term solution to the problem, a sprinkler system for the entire iill3ing will be a long term solution that will be repaid beck. It is esti meted that we will be a Is t0 pay back the ' ,••.. 41I . � . $10,000.00 through Insurance rate savings over the next 5 years. Right there is no + ;i,' t �E. '' `•�'�reter mein running to our building end we cannot put s sprinkler systemirk our building until . be have a water main, What I would like to ask of the cif is that if theywbuidput in a water ` mein down Coral street to our builds rig. I am assuming that the city lease lend that we are located . will be developed as more of an industrial area and that within the next tit ors a voter meinwill eventually be brought beck bore anyhow. To help our busineas'to`eurviva end be able stay in Kend I would like to ask the city to go ahead and put a water W6 in niow,to solve this i ._i• tl4' J l LI .�1 •�'aln�.i•,, .,q (. , • �,:i. t ',f +, ,. :. ., 1 9"i ' 1 that our business has become a vital port of thia community and we feel ,that we have a " t remendous gmount of pobntiel. There are very few manufacutures in this area, inoot people in oonstruction still import products up here. We are one of the few businesses who actually build " + ,11be product Aare. ' 1 you have any questions or need further explanation please feel free to contact me at any time at 203- 7691. Sincerely, d ..L�•:. Mioheel J. Treat `.: trod Custom Cabinets%;, .1 1 1 ,t. .• i �'1 Tit w'' ' .'•,1 : ; a<5 �; l�� 1{ }r' �.J' a_� -1�w .E<.e� ritdl+sMlf.'�gl►�1 •� t z, ' � •J j ii 4t} , 1 fJ ,Y t a �8 (� 10 10 " -'4t i•0+M `a bI ,1 0•nelrrvlr,u•IYY-I� „ aft 114811111 NhV-I Ivt I as 1. sat dweanK4gpll� • 't4an��448 �� qX4 I s ' I • I � t � . , •�� QQe.xra.��ttl� i j +a� I 6 4'i} � � � s 1. F ine 9•• orni ttar�,gr.����gle .•� fir` �A oil �il. � •r�Yrr•.•..Y•IIj ; � d `A 1. � � �� ii111911�1tt!ly 'B :,F� � �� �i its '. � 977•ttll•d•I�n+ 7 SQ i ', Rio..} . �� IAA 59 �•I f i ., u I ,0 • Melwtewewn F"Anme Iw W161M A Repro I ft • Fin EwthtgWeher Senke . Pepin A R.eh"Aft • HiArewtlo TOWNS • Shop A Field Wak Treat Custom Cabinet© Box 2791 Soldotna, Alaska, 99669 Attnt Mike Treat bear Mike: F Fare Control Systems, Inc. DRAWER 4160 s 283.7518 • KENAI, ALASKA 99611 April 24, 1986- The following is Fire Control Systems, Inc., bid for a wet sprinkler system in your cabinet shop in Kenai, Alaska. Our proposed price is SEVENTEEN THOUSAND THIRTY-SEVEN DOLLARS AND 00 CENTR 017,037.00). We will start from a flange 6" inside of the building and 6" above floor level. This bid does not include any electrical. Electrical usually costs about $300.00 to $400.00. It will take 110V at rimer and will run from the pressure switch to a bell. The riser or water main coming into the building has to be in a pooition that is readily accessible to the city fire truck. Since this is a wet system, the building will have to be maintained at a temperature of 40 degrees fahrenhoit at least. A dry system could be installed at a coat of approximately $3000.00 to $4000.00 more. It take@ a lot of maintenance for a dry system, however. I believe the difference in the cost of your insurance will pay for this system in five yearn. This should be chocked through your insur- ance agent. Some companies do not lower premiums, so you might wish to check with three or four insurance companion. According to Alaska State Law, you may take a deduction of 21 on your property tax or on the valuation of your property. I'm not sure which, so check with the State. It does not amount to much, bat all helps. L. Thanks for thinking of us for your fire protection noodo. If you have any questions, please feel free to call. F4 Sincerely,, OCR Arthur M. mccommy 100Y President AEM/car tk C ALA. P -Am. rs i3..."I 1 �y Information for City of Kenai Council Members concerning renewal of lease of Sort Kenay to the Kenai Child Development Center, inc. Kenai Cooperative Preschool Council Meetings May 7, 1986 „ f � _ Kenai Cooperative Preschool Board of Directors Box 1523 Kenai, AK. 99611 City of Kenai Council Members 210 Fidalgo Kenai, AK. 99611 Dear Council Members, The Board of Directors and parents of children attending the Kenai Cooperative Preschool are at this time requesting the renewal of our lease of Fort Kenay. As you can see from the information that is attached, the Senior Day Care Program cannot be housed at Fort Kenay. There are State, Federal and Grant requirements for the accessibility of handicapped persons that wish to enroll in the Day Care Program. Fort Kenay does not meet these requirements. Our program does not accept any State or Pederal money, therefore the facility that we use does not have to meet these same requirements. Fort Kenay has been a perfect location and environment for the preschool. The Nay 7th Council tiaoting will bP tho twat (ono bw94 current lease expires. it is our hope that the City Council Members vote in our favor and renew our lease 87 school year. Sincerely, t Bobbi Higgins Kim Oilge Deb Hermanson Board of Directors Kenai Cooperative Pri May 1, 1986 m I I Y Y. Dear Parental This letter is to inform everyone of what's been happening since the City Council Vork Session on April Sth. First of all, please make a note on your calendars to attend the upoomming Council Meeting on Woduesday May 7th at 700 pm at City Hall. We will at that time try to once again renew the pr/sahool's lease of Fort Kenay. We need your support at this meeting even sore so than at the Work $*salon. This will be an actual "voting" Council Meeting. Bring with you all the support you can. People DO aountll With all that has gone on in the past 9 weeks it will be Impossible to reaount every detail, but ws will try to give you as such intoreation as we can. HERE 00ES.....111 At the City Council Work Session an April 8th, Mayor Wagoner said that representatives from the Senior Day Care program and also from the preschool were to get together for another work session. That very night the City Manager, Bill Brighton, told the Board of Diraators for the preschool that he would set up the meeting and call us in a few days. We REPEATEDLY aalied him trying to get this work session get up. Each time we were told that he would tall us back In a few days. In the mean time... Since the preschool Board back in October had looked high and low,for a suitable location for the preschool and at that time found nothing but Fort Kenay, we tried to help out the Senior Day Care program by looking for them an alternative to the Fort. We found a very nice duplex apartment that to us would have been a perfect place for their program. We wanted to insure that this (or any) duplex would benefit the trail and handicapped elderly enrolled in the program. Mike Lockwood, Central Peninsula General Hospital Administrator, was Contacted and he stated that he was not an expert on the matter. He referred us to Nicholls Matchie, Long Term Care Coordinator for Lutheran Hospital and Home Soaiety in Fargo, North Dakota. It was her impression that Fort Kenay would NOT be a good pleat tow the frail and handicapped elderly in the program. She also stated that a duplex would be an ideal location because it has a homey inviroament, was more normalising, more permanent and just an sli around good situation. She stated that there needed to be about 40 square lost per elderly person. (The one we found 010 have this suggested amount.) We also talked with Mary Boustslis, the psychologist from Central Peninsula Mental Health Contar, who is the consulting psychologist tow the Senior Day Care program. She also thought that a duplex would be a good idea. Now only aonaawn was that the bathrooms needed to be handicapped accessible. THAT requiwament shot down our "duplex' idea. The bathroom was a normal size bathroom. We started researching just exactly what the handicapped requirements would be tot the Senior Day Care Program. Quite a 0 i i •o i �o i T I. bit of interesting information was discovered. The Senior Day Care program is funded by a State grant from the Older Alaskans Commision in Juneau. We contacted them on April 13th and requested their guidelines, set forth in the grant itself, for the accessibility of handicapped persons. At that time they stated that Fort Kenay would have to be accessible to the handicapped, or else would have to beeremedeled. They were suppose to send a letter immediately to Bill Brighton, and a copy to us, stating this. We waited and waited and received nothing. After several phone calls to them a letter was finally sent on April 28th. That letter is attached. Out of frustration waiting for that letter, we contacted the Governors Commision on Employment of the Handicapped in Anchorage and received (the NEXT DAY110 a listing of both State and Federal requirements.for handicapped accessibility. That listing is also attached. We contacted Bill Brighton several times about these concerns. He repeatedly told us that there was plenty of time and for us to not get in such a hurry. Actually, there is NOT plenty of time. The Senior Day Cars program is currently housed in the Cardinal Teen Center and it will open full time to the teens the first part of June. That program will have to be in another location then. Our own program will close May 15th and we lose contact with our parents during the summer months. We have begun to think that we are purposly being "stalled" because we would have less parental support should we have to go before the City Council after school 'is out. We feel that we need to press this at the May 7th Council Meeting since it will be the last one before preschol ends. With all the information we have gathered, it is our understanding that the Senior Day Care program CANNOT be housed at Fort Kenay because it does not most State, Federal and the Oldsr Alskans Commisions requirements for acceasibility by handicapped persons. The only way it could be is if the City Council voted to totally remodel the Fort. We talked to several Council Members and the Mayor and were told that Fort Kenny would NOT be remodeled as it would be much too costly. We therefore sae no reason why Kenai Cooperative Preschool cannot at this time ask for our leas to be renewed. We do not receive any State or Federal money so we are not legally bound to be in a building that is accessible to the handicapped. Once again, we otiose the importance of your presence at the next Council Heating. Put it on your calendarj 111 WEDNESDAY, APRIL 7TH AT 700 P.M. AT CITY HALL WE NEED YOUR HELP11111 0-1 EM a, [W-'E 03.03ILM DOPANTNR�'T OP �1► OLO i f Q� Btu s timlew, WIEWOR )MINISTRATION -20 i v MUS Nnr IMON/r f8 01 / 4, M280 BR ALASKANS COMMISSION April 28, 1986 William Brighton, City Manager City of Kenai 210 Fidalgo Kenai, A}aaka 99611 Dear Mr. Brighton: I understand that the City's adult day care program plans to move from its present location at the youth center to Fort Kenai. Commission staff has been contacted by lgcal citizens Cahn are concerned that Fort Kenat is not an a"nrnrrinte facility for handicapped persona. An you know, acceptance of Older Alaskans Commission grant funds for this program require that it be "readily accessible to and useable by handicapped persons as required in Section 504 of the Rehabilitation Act of 1973". I have enclosed a copy of that condition of award and a copy of the Section 504 regulations. Please let me know if Fort Kenai is accessible to handicapped Persona or, if not, how the accessibility barriers will be addressed by the City if this site is selected for the day care program. I am also enclosing an excerrt that addresses facilities from the Recommended Standards and Guidelines for Adult Day Care Centers for Older Alaskans for your information. If I can be of further assistance, please don't hesitate to contact me, Sincerely, Jo B Wolfe Executive Director - A- • . - -- - L L.� I I A- - a�rwr�r.■nr�.ucr�n..r�rrr.�rr.�r.w u.iri.r.wrwtw rr.r t i 1 y Ii �I Page 21 FACILITY 1. Atmosphere and Design A. The facility shalt present an attractive outside and inside appearance and be designed and furnished with consideration for the special needs and interests of the population to be served and the activities and services to be provided. A facility shall be architecturally designed, in conformance with the requirements of Section 604 of the Rehabilitation Act of 1973, to accomodate handicapped individuals and not any state and local barrier free requirements. ANSI Standard A117.1-1980, "Specifications for Making Buildings and Facili- ties Accessible to and Usable by Physically Handicapped People,' is recommended as an excellent guide.Ir 2. Illumination levels in all areas shall be adequate and careful attention shalt be given to avoiding glare, in order to compensate for visual losses experienced by many older adults. 3. Sound transmission shall be controlled. Methods of sound con- trol could include acoustical ceiling surfaces, partitions between activity areas, separation of noisy rooms such as the kitchen, etc. 4. Heating, cooling and ventilation syctem(s) shall permit comfortable conditions regardless of the number of participants present, and excessive fan noise and drafts shall be avoided. g. The design shall facilitate the participants' movement throughout the center and involvement in activities and services. 6. Sufficient furniture shall be available to facilitate usage by the entire participant population present. 7. Furniture and equipment to be used by participants shall be selected for comfort and safet�►. Furnishings shall promote independence as much as possib a and be appropriate for use by persons with visual and mobility limitations, and other physical disabilites. B. When feasible, a covering shall be provided over one outside entrance to protect participants from inclement weather. 9. A telephone shall be available for participant use. 10. An adult day care facility shall be visible and recognisable as a part of the community's care system for aged and impaired adults. a. To the extent possible, identification signs shall be attractive with large lettering. *Available from American National Standards Institute, 1430 lroadway. Mew York, %to York 10018 F ALASKA CENTER FOR A SARWR FREE ENVIRONMENT ts» 1Moavwo ONA ANCH0049 MAIM N606 001-337*4316 CRITERIA FOR ACCESSIBILITY November269 1985 There are many federal, state, and local laws concerning access for disabled persons to the buildings and facilities within the State of Alaska. Most of them use ANSI A117.1, 1980 Edition, as the criteria for accessibility. ANSI A117.1, 1980 Edition, "American National Standard Specifications for making Buildings and Facilities Accessible to and Usable by Physically Handicapped People", is published by American National Standards Institute, Inc. 1430 Broadway, New York NY 10018. The Architectural Barriers Act (Public !_aw 9fl-4B0), enacted August 12. 1968. requires all buildings and faciIf as of the federal government, constructed, altered, or financed in whole or part with federal funds to be accessible to handicapped persons. This was amended in 1976 to include all new or old buildings leased by the federal government after January 1, 1917. Regulations adopted by General Services Administration and Department of Housing and Urban Development used ANSI A117.1 (1961) as the criteria for accessibility. On August 7, 1984, the Uniform Federal Accessibility Standards were issued and adopted by four agencies of the federal government: General Services Admini- stration, Department of Defense, Department of Housing and Urban Development, and the Postal Service. The Uniform Federal Accessibility Standards are the bawe as ANSI A117.1 (19RQ) with additional amendments applying to buildings and facilities of these agencies. Section 502 of the Rehabilitation Act of 1973, as revised, (Public Law 93-112 at seq.) established the Architectural and Transportation Compliance Board as the agency to enforce the Architectural Barriers Act. Sects bilitation Act of 1973, as revised, states that "No of erwise qualified han cappe n u n e iTeir ate...sna11, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity con- ducted by any Executive agency or by the United States Postal Service:) Most a encies have adopted regulations using gNSI A117.1 as the criteria for acces. s�bility or ones very similar to it. M - ofito_r_ganizations and state 4qq_JAa&L49eacles receive federal funds direct y ecy a or THU tl"nd must. have tFe r` programs and"filEi'T1'Ct�eCCb3lribre�to'firndtcapp�ed�pil __ Section 503 of the Rehabilitation Act of 1973 also requires affirmative action to "employ and advance in employment qualified handicapped individuals" by any contractor or subcontractor receiving more than $2,500 in federal funds. At Anckudes making work places acc�essib_le.to m o qe, and potential emplaxses. 1 i1 r U i CRITERIA FOR ACCESSIBILITY November 26, 1985 Since January 1. 1967, th ral Barriers Act (AS 35.10.015) qfjbn State of Alaska has required all public vildings o „� e_ s ppo�i- c es ese include the University of Alaska. tlib"3tate ferry system, and' -borough, city, municipal, and school district buildings and structures. This Tb w Fibs ANSI A117.1 as the criteria for accessibility. Department of Transportation and Public Facilities adopted regulations January 21, 1981 that amended ANSI A117.1 (1980). These regula- tions enforced by 00TPF apply to all buildings and facilities built and re- modeled and owned or leased by the state and its political subdivisions. (17 AAC 50.010.) On January 14, 1981, the State of Alaska adopted the Uniform Building Code, 1979 edition, as amended by the 1980 Supplement. (13 AAC 500 61, 52, and 53.) it i�s enforced bathe Division of Fire Prevention. a ent oT'P - t .. The provisions of t s L'888: 3s eniendea, ply to fourp"iexand larger le idential buildings and all other occupancy groups, except Group M (private garages, carports, sheds, and &gr1cu1%ur0T--VuTTWTff9S). The Uniform Building Code has some criteria for accessibility, but these are not in accord with ANSI A117.1. The State of Alaska also has adopted regulations against discrimination on the basis of handicapped in public accomodations. Under AS 18.06.020 "The blind, visually handicapped, and otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges of all common terriers, airplanes, motor vehicles. railroad trains, motor buses, street cars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accomodation, amusement or resort, and other places to which Qe general polic is 1 vlted, subject only to the conditions and 1 m ations esta s e y aw and pplicable alike to 411 persons". The Municipality of Anchorage has adopted ANSI A117.1 as part of its building regulations and requires all new buildings and facilities and any remodeling of or additions to existing buildings and structures to be accessible to disabled persons. (Chapter 23.06.010 and 23.70 Anchorage Municipal Code.) There are exceptions for: single-family and duplexes, multi -family residential of less than 21 units, second floors of offices less than 8,000 SF, and some utility, aviation, heavy -equipment. and industrial uses. The Municipality of Anchorage has adopted requirements for accessible parking spaces in AMC Title 21. These were adopted June 13, 1976, were revised August 11. 1981, and apply to the parking lots designed after June 13. 1978. and to any subsequent additions or modifications of the parking lots. The Municipalityy of Anchorage has adopted reqquirements for signage of accessible parking spaces in AMC Title 9.30.236. These were adopted October 14. 1980. were revised March 13, 1984, and apply to all accessible parking spaces designed after October 14, 1980, and to any subsequent additions of or modifications to accessible perking spaces. The Municipal Traffic Engineer has Uniform Traffic Sign R7-8 to be used for all accesssible parking spaces. 0 # 0 2 ' Attachment a GENERAL CONDITIONS OF GRANT AWARD Grantees must comply with the special conditions of award and the following general conditions: 1. Fiscal Responsibility Grant funds wilt be used only for the purpose of activities set forth the grantee's fundingg proposal or its amendments and approved by the Older Alaskans Commission. All subcontracts for services under the grant must be reviewed and approved by the Older Alaskans Commission. A qualified bookkeeper or accounting firm must be employed to keep accurate records. Accurate, current and complete accountability for all fund expendi- tures must be maintained and documented. All local match (cash or in -kind) resources must be documented for auditing accountability. Grant funds and required matching funds must be accounted for separately in the accounting system and separately from other program funds. At least two people must be authorized to sign checics, and two signatures are required on each check. The State share of a project cost is earned only when the cost is incurred and the non -State share of the cost has been contributea to the project. Receipt of State funds (either through advance or reimbursement) does hot constitute earning of these funds. Unless otherwise allocated in the rant application budget. State funds and other sources of funds w�11 be expended on a prorated bests according to their percentage of the total approved budget (except the non -required local contribution). 2. Property Acquired with Grant Funds An inventory of all property and equipment acquired with grant and matching funds must be maintained and submitted to the Older A1astans Commission upon completion of the project. Due care must be exercised in the use, maintenance and protection of all property. 3. Insurance The State of Alaska shall be named as additional insured for lia- bility insurance of any kind. •1- I6141RO/0220-02/30 n • Attachment 4 The grantee agrees to Indemnify, defend, and save harmless the State of Alaska from any and all claims and losses arising from the actions of the grantee. During the life of this grant, the grantee shall purchase and maintain Insurance. The insurance should cover injury to persons or property suffered by the State of Alaska or a third party, as a result of operations which arises both out of and during the course of this grant by the grantee or by any one directly, or Indirectly employed by them. The coverage will also provide protection against injuries by all r. employees of the grantee, and the employees of any subcontractor, if applicable, engaged in work under this grant. Grantees may also want to provide liability insurance for Board members. Proof of Insurance must be submitted to the Commission. Examples of different kind of insurances: 1 Vehicle liabilit insurance 2 Bonding (optional) I Personal injury for participants of the program 4 Volunteer drivers insurance 5 Fire Insurance 6 Board members liability Insurance (optional) 71 Workmen's compensation (in most cases required) 4. Reporting R@sponsibillty Nutrition services meal counts are to be submitted to the Older Alaskans Commission each month, using the format provided. Program reports are to be submitted to the Older Alaskans Commission each quarter, using the format provided. Fiscal reports are to be submitted to the Older Alaskans Commission each quarter, using the format provided. The Older Alaskans Commission shall be advised immediately of any change in Project Director or Executive Personnel. The Older Alaskans Commission reserves the right to suspend projects for which reports are not received within 12 days after the close of each reporting period. S. Prohibition Against Lobbying No part of any grant award may be used to pay costa of lobbying legislators on behalf of special Interest groups. Lobbying 11 differentiated from advocacy efforts which are undertaken on behalf of the State'l aging population. 6. Grant Adjustments toulonIA111M ROD 0191 I M f. 8. 9. 10. 11. Attachment 4 Any proposed changes in the budget or service plan of the approved grant application will be submitted in writin by the applicant using the format provided and, upon notification of approval by the Older Alaskans Commission, shall be incorporated as a part of the grant award contract. Inspection and 1t • Grant records and accounts shall be accessible to authorized Federal and State officials for purposes of audit and examination. All required records shall be maintained until an audit is completed and all audit questions are resolved, or five years after the completion of the project, whichever is sooner. Identification of Documents Any publications, brochures, reports or other documents completed as a result of this grant award shall contain the grant number and indicate that funding was provided by the Older Alaskans Commission. Termite Either party may terminate this grant in whole or in part 30 days following receipt of written notice'of intent to terminate. The Older Alaskans Commission shall be liable only for payment of services provided prior to the effective date of termination. It a piojcct has not commenced within 60 days after the acceptance of the grant award, the grantee will report in writing the steps taken to initiate the project, the reasons for delay and the expected starting date. Availability of Funds All grants awarded by the Older Alaskans Commission are subject to the availability of State and Federal funds. Confidentialit No information about an older person may be disclosed by the grantee or service provider in a form that identifies the person without the informed consent of the person or of his or her legal representa- tive, unless the disclosure is required by court order or for program monitoring by authorized Federal and State monitoring agencies. . E ua�l 0 moo_ tunity and Civil Rights 'I` Grantees must have an equal employment opportunity policy a implement an aff•rmative action plan for all aspects of per administration. •3- •A.Nww•.www• I„ rrr�r�r��w��wrr,rrrr�r i 111 - r 1 t; , F Attachment 4 ! Discrimination in employment or the delivery of services on the basis of race, color, notional origin, sex, age, or handicap is prohibited. Grantees must ensure compliance by all subgrantees and contractors. The grantee must have a grievance procedure for receiving and resolving complaints alleging discrimination. Grant projects and activities must be readily accessible to and useable by handicapped persons as required in Section 604 of the Rehabilitation Act of 1973, as amended. 13. Tar etin Services must be targeted to the frail elderly at risk of institutionalization. 14. Grantees must have an established board of directors, advisory committee or similar body for the purpose of advising the program on matters of generbl policy arising in the development and administra- tion of services under the grant. The board or other body must include persons eligible to be served under the grant and include low income and minority representation. 15. Grantees must comply with the Administrative Procedures Act relating to public meeting. 16. Unallowable Costs Grant funds may net he used for thn ruiluwiny uuaia under uny ..4 wn..M.0••.A.w . 3 on loans les, bad debts including luncheons, banquets, gratuities, or or donations activities t normally permitted for the purchase of land or F buildings or building improvements, payment of Res or taxes, dues to organizations or fedora• +ase of vehicles. Pees to abide by all conditions of award. Grantee Kepresenta ve ate .4. 101 I �rw+Nw rrrwu�rur wi fir DEPARTMENT OR EDUCATION O1WS1VNGFEO=17GW PRo "VSt#Rr April 29, 1986 Bill Brighton s City Manager City of Kenai t- 210 Fidalgo St. Kenai, AK 99611 Dear Mr. Brighton: I made an on site visit to the Kenai Cooperative Preschool on April 14, 1986. I found the preschool in operation and running an excellent program for young children. The city building provides an excellent facility for a preschool. It is put to good use and is operating at capacity level at all times. As buildings and adequate space for preschool programs are hard to find, I would urge you to continue to allow the Kenai Cooperative Preschool to use their present space in your city building. Research such as that enclosed shows that quality early childhood experiences create tong term and short term benefits for communities and our society at large. Certainly a quality program such as the Kenai Cooperative Preschool is significantly Impacting life in Kenai and helping to pave the way to school success for Kenai young children. 9 -3 BILL SHEFFIELD, GOVERMN OOLOBEL r PLACE Or War loth BrResr POUCH P JUNBAU, ALASKA oJell cc: Tom Nagnor, Mayor VK1m G11ge Sincerely, Mary seper Early Childhood/Elementary Specialist tom.. JOB 23013, M Ai11Al1Y 4-3. iit3 Inlet Woods autxnittalsa for fixtures %wtro (If': =0011, these aro only 100 IM and they did not tool that this elan enot4th output on 2..0' lsolen, awl wtui told by adden Rl to uhO GE 7C 400hi, 2h30 watt UPS 240 volt ballasta. Suhnittnlrs wore sent in July nth 198B, and approved. Keith K. call and asked what wan golrgt in at Inlet Mbodn, arsitod for a fixture upoes, these wro provided, the npoes3 ware altered to show muli-tap ballaotn, and on Aug 2nd ho advortisod for bids on the 1985 Street Light Replacements, bid date of Aug 20 1985. } I called Keith before the bid date, and also told him the day of the bid, that, the multi -tap ballasts were no longer available, as did other contractors, tit the hie oprming, i Wo woro low bidder on thin project, and I was holding the order for the fixturess for Inlet Woods until we raeeived a purchano from the City, thin watj recoivod on (verbal) Aug. 30th 1985, but before I could release the order to the factory, I call Keith and arcked what voltage he wanted these 50 fixtures to bo, I told him Inlet Woods wits 240 volt, and since multi -tap bailants more no longer available, we neodod to pick a ►gmifis voltage, I was -told to order 240 volt. Jack ImShot called and asked what wtxtld be the h1FA costs of providing 240 volt power to all 89 fixtures, I told him to call 11M. Up until this time, I did not have any idea that all the poles that these fixtures wore to be installed on, wore owned by by Hanor Electric. I I received a call from John Vaughn, wondering what was going on, this ww the first time he had heard of now fixtures on their poles. I also received a call from Preston Williams, the State Electretal Inspector, asking what was going on, that he had received a call from Mr !`fury Slade, IWA, and was asked what were the cudo r.,iuL•ustunta for undorgratnd cublu, Prvr,tvi► s;tatrd that it made a diffcrance if the City owned the cable or IWA, I called Keith, and was told that the cable, poles, and fixtures wore owned all by IWA. All this was taken place when all fixtures wore In our warehouty, and about tho first week of December 1985. � We therefore found smirsiolvo:s in a position that did not allow us to eomplote our contract duo to major design problsmrs, they arc; 1 No contractor is allowed to work on the line side of any IWA motoring, and since none of these street system are not metered, therefore 118A owns, and maintains them, there wen in no disconnect switch to shut down these systems, short of pulling the trazinfornwr futsen. 2 No place in the bid documents did any mention he made of who owned there poles, if if had, any contractor would have questioned why and What wo were doing in WA jurisdiction; 3 I was told that the existing fixtures could no longer be maintained, and new fixturou would be required, WA alw did titato that their rate to the City was based on apprcot 100 watt unitts of a low, replat-umont cast; 4 Therefore if appears that we have provided a f ixturen that IWA dotes not want, wo can't get paid for these fixturon until we inutitll than, and can not install them becaum we are working on a MA Bystan, and that brings ua to this date; 8 I have tried a tumbor of timarj to got HEA and Keith and tin together to try and resolve thin, but, to date I have had no luck. 1 l� a • page 2 1 „ r F • 0' HEA did have a numhor of in-house mooting about these fixtures and have told me that have agreed NDr to accept these fixtrues duo to the following; A High cost of maintenance, duo to f ixturori contractor co. -An of $660 ezu:ir © Higher KWH consumption, fram 100 watt Wwo Vapor to 250 watt WS; C All the above was not inctt of thoir agremont with the City Of Kenai; Uoy did however offer a way the City .could resolve thin problem by; 1 Have the City take over the sytan, and put it on moterod system; 2 Pay IWA to inntall new underground cable to upgrade to a 240 volt systan; 3 Bend these fixture back to the factory; In responso to sending them back, I have been told by Graybar that GE will charge FAA of the Purchase price as a restocking charge, and you would have to pay all freight back to the factory in Hendersonville North Carolina. Now ballasts of 120 volt could be ordered, but first, an agreement would have to be reached with HEA that they would accept the fixtures. If now ballasts wore ordered, they would cost $277 each, or 13,434.00, we could rend the other ballasts back, freight cost to us was quoted at 925.000 also, wo would got a crodit of BO%, of the ballast coat©, or e3,717.00, � so the bottom line would be an additional cost of $7,642.00 to the City. In an effort to solve this problan, we would change the ballasts at no cost for the labor. We delivered the fixtures to the City Shop and included an invoice, hoping to get paid at least our cost of fixtures, our invoice was returned with a letter fran Keith. I Liam requested a meeting with Ifayor v uguur and MnnRgQr Brighton for 2-14410, the Mayor was sink, but I did meet with W Brighton„ and a follow up letter of a-kh-tiff want unans wrw, I than tried on 3-26-88 to meet with Mr Brighton, and, was refused a meeting, and was told to talk to the City Attorney, this I did, was told by him to "put everything down on paper". I told him that I did have everything down on paper, to which he said, 11so whats the problem?' I have since mot with John Vaughn of IZA, and he stated that HEA wxdd not under any condition© allow these fixtures on their poles, this was au of 3-20-W. I have included all paper work to date, so all can be informed and assist in a solution. I mold like to offer what I foal is the bout option I see if we can resolve and use all present materials, and a minim of additional costs. I have also agrood with Mayor Vapor, do whatever is necessary short of a eourtroem. Yours Wuly Prtmk Arbolovsky Manager City Electric Inc Kenai Division m I r CITY E LSE C T R I Ct I N C. (ILOCTRICAL CONTRACTORS 0700 NAINIrN AVSNUN GO. 01ATTLV WA011INOTON 00144 48646 772•0700 POST OIIICe OON 3000 ANG11011A011, ALAONA 00001 4111101 272•1001 3640 HOLY 11OA0 FAMOA►4411, ALA00A 00706 10610 /08 7100 NOUTO 1, 009 110 KRNA1. ALAONA 00011 1001# 8017000 ORPLV To, Kenai Off ice 2-28-M nm Nu.NceI City of Kenai 210 Fidalgio Street Kenai,AK ON11 BE: PO 70894 Attn: Or Bill Brighton City of Konai Up. Gentlemen; I would like to respond to a letter dated 2-14-W from yrrir Public {Yorks Director, Or Keith Kornolis. Firstly; we would like to include a letter reeieved fr(sn Graybar Eloatric CID. the peopio who quoted this project and lator nupplied the fixtures. mr, Kornelis's statement of substitutions, wrong numbers on fixtures are in- correct and not truo, implying, that we aro trying to chango the specifications. 7ho mul=:-tap ballasts wore not available at this time of bids, of this Mr. Kornelis was informed, after the bids worn oponcd, and Mr. Kornelis was advised of this prior to us placing the order. All the ballast problem could have been avoidod if the Public Works Dept. would havo requested material submittals for review, prior to purchasing these units. 7hio proceedure was not raposted by your Public IYorkti Dopt. oven though it is stand- ard in tho construction industry. I have, as I indicated, in our discussion on 2-14-80, tried rtmny time on phone conversations with Mr. Kornelis, and John Vaughn of Ikmor Electric Asenc., to resolve this design orror in this bid packogo, and have not been successful. 7file project, the way it was designed woo doomed tram the very beginning;. No Contraetoris allowed to work on 11aner Electric poles. Thy In indication in the bid specs to indicate who awns the poles that these fixtures were to bo installed on, tho fact that they nro owned by IMA, m►intained by than, makes it impoasiblo for urn to install those fixtures, and ocmplete our contract. 'fie major fact, Nbr Korneli© trios to ignore. tA• •. 1,1 L ( O)n't ) CITY EUCTA1C IN i , i e, CITY ELECTRIC, IN(. 2-27-86 ( OQn't p w two) In my conversation with 11M trying to resolve thiu a tuation, I wars told they would not accept these fixtures on their poiea, due to roplacownt, ogxmm and high MI consumption. We have had these fixtures since the firrA of Ike. 1986, and I fool that we have made every possible effort to get HEA and tho City of Kenai together to resolvo the problan and, get the contractor out of ttu) middle of tho problan. I have not hoard iron anyone ©inco our meeting of 2-14-86, and am returning our imroico for these fiutures to you for payment,, and my letter of 1-2846 for your files. Yours Wy;0571 Frank Arbolovsky manyaw City Electric Ina, Kenai Division FA/aa Or/ 8oattlo/Anch/ Job file. Mr. Ton tit 9ner Mayor. Attachmante; Lotter from Gmybar Electric 2-18-86 Letter to Kornolis 1-28-86 Letter Fran Kornolie 2.14-86 Invoice # 236E-29M IN { •i: i RECEIVED x'Y.W1NiTftlaY •ti6A0TR90 OONVANT, INC. FE6 22 MANAetR a•QttNfON Hol"A"tTNRRT &N 111 Ir, &a. O9tNATINO VANAeRN P. e. WX 0•14" AWHONAOR.AIASNA 99309 TILON 49611,lft Tt1.t111NNt�,ANItACOiftO�/) I614814 City Electric February 18,1906 P.O Box 115 Kenai, AK 99611 Rate G.B. Light fixtures Dear Frank, In reference to the questions which have arisen concerning the General Electric lighting fixtures for various Kenai, AK projects, I would like to clarity some of the conversations we have had. At this time General Electric is willing to take the fixtures back at a $O% restocking charge providing freight is paid both ways from Hendersonville, N.C. to Kenai, AK. This xostocking charge will also apply in the event that you should dr-.1do to return the ballast only and replace them with now ones. When these projects originally bid back in Juno ot'1985, these fixtures were no longer available with Multi -tap ballast. We had to specify a voltage in order to got pricing on the fixtures. Then, to compliesta.matters, this tlatufe was not available Orb a Photo Electric control as a standard option. This is where the catalog number discrepancy came to be. As pow General Electric policy,;nothing loaves the factory without an assigned catalog numbers. Since this fixture was not available with a Photo Control, General Electric made a special production run for the fixture and assigned a new catalog number to it. Frank, I wish there is more I could do at this time to help straighten this mess out. Dave Lice with General Electric is who 1 have been in contact with concerning those matters and both Dave and I will be waiting for instructions on how to proceed from this point. Please don't hesitate to call. sincerely, Z7(ci_�� Don Schield Sales Representative DSedg t CITY OF KENAI 10d Capd4l 4 4" 210 FIeAL00 KVNAI, ALASKA M11 TEURP ION8 203 • MS February 14, 1986 City Electric, Inc. Rt 1, Box 115 Kenai, AK 99611 ATTENTION: Fronk Arbelovoky Kenai Branch Manager SUBJECT: KENAI STREET LIGHT REPLACEMENTS Dear Mr. Arbelovoky: I am in receipt of your letter dated Jonuory 26, 1986, along with a invoice for furniohing and inutalling 59 ntroot lights. Enelened herewith I am returning your letter and invoice oince the project Is no whore near being completed. When I won out on sick leave the loot weak of Jonuory, you delivered 99 light fixturoo to the City of Kenai ohop area. I thought I had made it clear that the City did not wont you storing anything in the City shop area. Even if th000 were the right fixtureep and they are not, we would not allow you to store them in the City shop area becsuoo our contract with,�ou•le to inotall and make the lights fully operable. The City.Enginear enid that you threatened to dump the fixturoo In front of the gatoo to the shop if the City would not allow you to place them inside the fenced in area of the City yard. In your diocuosiono with me, you have confirmed this. Planes remove the fixtures that you unloaded in the City maintenance yard immediately. The City of Kenai is not in the pooltion for providing otorago nor do we have the facilities to provide such storage. The City of Kenai will not take uny responsibility for any dsmogo ouotained to the fixturoo by your loading, storintl, or unloading. Since you dumped the fixturoo outside they are susceptible to weather damage. p .061va0 FEB is N6 City il: ' 'M• k10. 1 N As you are swer'se the Public Worko policy to to put everything In writing. You havo boson to many pro-bld and pro -construction confsrencos where we always state that ALL communicationo, inetructiona, ehangeo, additions, delet uise, etc, will he in writing. Please adhere to thlo and make all communications in writing. This will alleviate orrora In perception so to what may have been sold by the other pasty. Upon examining the fixtures that were delivered to the City shop. I have found that they are General Electric TC-4OOR Catalog /C691N701. These fixtures do not moot the bidding opueifieetione. Please refer to the technical opocificetiono that you used in bidding the project. If you will reed the opecificotlone carefully, you will note that we are requiring a General Electric Luminaire TC-4OOR-C691N790 but with a multi -top ballast. This ballast is to be prowired to the lamp socket and terminal board for a 120 volt e_ yetem, but with the option to change to 240 volt. The GE catalog epee oheot that your firm provided which was included In the bid specification dose not oven lint the fixture that you are proposing to substitute. It is oloo my understanding that the fixture that you ore proponing to oubotitute will not work in Woodland ►isbdivision and !a therefore not on approved equal to that which wan opociflod. In further examining the eantroct opecificational you will note that tho projoct conalot of not only furnishing the fixtures, hnlleetat and light bulbs but all equipment, labor, and moteriolo to meko the lights fully operational. Pleoso notep•olsot that the boats of payment will be made at the contract piece for the completed project. If you would like to make o oubotitution from that which to specified in the contract opocificotiono, or if you cannot got what woo specified, you need to do it in the proper method by requesting It in writing with attached submittals on the fixtures. Unfortunately# the Lumineire that you now have in stock to not acceptable to the City. Please lot us know how you intend to procoed. If you intend not to proceed under the terms of our controcto following the specifications, tell us why not. If you do plan to continue with our contract, please give uo a written asourence that you will I 771 JL_�� r �' d �A o � t x i€ `r i, . I Y „ f 1 �I �k r 0. 1 conform to the contract apecificationo. I aloe remind you that the contract completion date weo for 90 dayo otartin0 Auqunt 30, 1905 and therefores you should have had the project completed prior to November 30t 1905. Sincerely$ CITY Oft KENAI 9�''"��"' "/ 40 Keith Korneile, Director Department of Public Works KK/ow 1 n. r`a ti ' .. � 1. r 1F - r =r•{ 1 —_ A ,� l.� � .. i �. I T Y � L� C T R I C, I N C. r_�.rcYaicnt. coNTr��►c•roas SY00 pA1NIR11 AVIINUY Ud U►A'ffLll. WA�NIHOIOq OUTAA �YOEr 70II.01Q0 VOYT ON/iCR pOlt760n A.ICt��►ilAgQ. AI.AOIIA 006t)1 � 007 r Y7R.Af1l1 POEt �7Y/lgt: ItOM Iin903 1 Arne Ag11U A6AONA Oov00 �OOYt AOi 11011 IIUU16 1 ItOM IIU NI'M.1 ALw4NA OOh11 �9(Ii�YU/�1000 1-28-8© utit.rTO KQnai Qttic� t�� � 1 uctvlac City of Kentti a10 1'idalgo t5ttroot lWnui Aiw9lca 99Ef11 Imo: P.O. d Y08ik1 Attns KCith Kornolie 6ontlanon; On 12-13-88 wo r3s:nt yet a lottor indicAtinR thn probl�ms� woro having with lff3A� w�th rho installation of the new mpiaccmrnt lixturi2zi for rho tftrs:o imbdivieione in Kauai. Nov 1 1/2 months lator tw aye ne turthvr ahoad with this inntailotion than wo winks on 12-13-�8. �ors�ioritl vro ftavo dolivored f3� tixturc�t/ lamps and l�l: Elie to tho main- tnesutce yard tole morning. 1]tolosed is surd invoico tar this pm�Qot. Yours �tly; �.. � /.,� i' � � auk Arbolovotcy Ma»a#lor City T;lczctria ino. Konai pivic>tiion 8A/aa OC/ 8oattisj/Anaft/ Job tilo f�italosur®s. ,. � � �' I _ .....� 1 . 'a ,. ,, F V ' CITY ELECTRIC, 1 N C. GLUMICAL CONTRACTORS $IOU IIAIN,111 AVONuR 00 O►ATTLN WAS"INOTON 00144 41000 T11.0100 000'I OIIICO OON 1000 AHCHOIIA00, ALAGOA 00601 10010 1/1.40s1 1040 IIOIT ROAD IAIOUAaNO. ALAONA 00100 10011 401.115o N01111 1. 009 110 II1 HA1 ALASNA 00011 tool$ 10T•1000 ggPLr to. Kornai Office RLPI of HCa Job 236E, 12-13-85 City Of Kenai Director Of Public Works Mr With Kornolis M.: City Street Light Replacement. Kenai Purchase Order #70094. Gontlawn: Per our discusions this dato, we would like you to know that all fixtures, lops and materials for this project have been in our warehouse for sumo Lime. The present discusions are presently involving homer Electric, Mr tarry Slado► and Mr Preston Willims, tho local State Electrical Inspector. hvr Slade informed mo that the installation of thesu roplacmnt fixtures was ,lamer Electrics jurisdiction, not City Blectries, ainco they owned the polese, present fixtures, and equipment. it was also dismissed that, the present underggound cable nay not be capable of converting to 240 volt single phase needed for these replacownt fixtures. tir Williams stated that differant codes apply if the City of Kenai owned theso poles or if Hcmer Electric claimed thwn. I am presently "on hold" with the installation of these roplaccmonts until all this is resolved. As soon as someone decide What in to be dono, I will inform you and proceed. •� f / fta Arbolaysky manager City Electric Ina W&%I DIVISICK cc/job file 0"I r- z4o C ?:t P;7 t , a ;} �.•� - � PROMISED LJ SCHEDULED 0 SHIPPED ;r , ,. L# 4 1I Tom. . ,1 P V T MATERIAL DELIVERY INFORMATION ® CEI 0 MEI r7iTPEI 1 IM 1 Y DAt1 Ifttl/Yl' TO V VOUL ant NO. 1 •� r•1 All �, �', r. I.J. REcxlvio DATE ..' REMARKS ---- • ••i a rI� 1 NITAIN AT JOB SIM 1 �i, • � 4 ' - -4 ,ie(gi vie. i r0:3- , q�. - - r > 1j 1 0 IN eft �� � � 1•��� NUAMIII � i � � I / •.•, i ' re m rNr1�.N1.ri..wn.w.ws�r�ItwNr.rrwl�l■ r r w � QuarATION urayybai►- { OLNOTRIC COUIrANT, INC. MTA • NMA/IR ... TOM IIIfralm Os • elry eA&V W14- - AW. t I tALitMAN • TtLtPNONt Wit APPIINCIATt YOUR INOUIRV OP ANO TA146 PLQAGURN IN OIIOTINO Aq POOLLOWS, SUBJECT TO TN/ TIMMS AND CONDITIONS ON TN/ RIVINSL 1109 OF TNI RIP TATgum /ANTITT ONtO111PT10N 0/ MATtIL1AL NIM�i eeil P.O•A. IN/NUIII UNIT ►Al1CR TOTAL C /N G X a ef• �> ZOO- 4 .---- Wo holm that we chap be favored with your oMer, and aeaum you of prompt attention. Yuuta eruly, I. V.low. A61..•/MNItTt IIN+A/AWN1N er. n A ANCNORA010111CI • KLNAI OIPM RIOOICA 11ANROUT at 1102111 �,+ , ANCNORA00. AIAINA "901 MINAS. AI,�O 91611 INVOICE IlAlll Alt gM111ANlit toy A N100 Mot 1 0A0 CITY ELECTRIC I N C Itoo AAINIIA OT N 9 j 0110 NOtT ROAD • f1Atu0, wAtNlNatoN nun 1 0AIN0ANN1. AIAINA 10101 3700 RAINIIR Aft SO. SIATTLI. WAIHINOTON 1/10�1 71700 ARIA C001206 722.0700 0A11 January 21, 1986 TO CITY OF KLNAI Oupp 011010 No 210 FIDALGO STREET KENAI, AK 99611 No. 236E 29460 015CRIDTION 'Furnish & Install S9 Street Lights i + Original Contract Amount 8 Complete Value $49,069.53 100% 49,068.S3 Lose provioue paymontas (0.00) TOTAL DUE THIS INVOICES $49, 068.53 L . NFAPIV 4 BAN Z J 1969 oily blot-10191 01% IN 41 4F}1� ��awrarrarraw araaaaaar�a tar r �srrrr Hrrranwaraa.r� l • PUKHASB ORDER CITY OF KENAI iHtS PUkCI(ASI ORRfR fANIIIE VENWR NUMBER MOT AFKAR (1l1 210 FIDALGO ST. PHONE 283.7631D AltPACRAGISANDPAP1R1 CCOUN© Na NG KENAI, ALASKA 99611 R1IAur:l; Eo Inrs �1l CHASEkSHIPPiNti 6 RECCIVINFN • APPROVED COPY • REOUISIiIONER ` tkrrs VENDOR N0.1-���''.��---- • 1 City Electric Ordered by_ Onto TO Contao r Phone�o SHIP VIAL BY nv iii�Ti PIIPAY SHIPPING • CHARGE SIPARAN ON INVOICE �- �.uvulaTua PURCHASES AU►HORIl10ONLV WHEN SIGNEOASOVI 111E FINANCE OIRECIOR OR HIS AUII1801/10 IV AG1N1 015CRIP/ION ORAR11Cl�t — AF111lMNO. ��p UNtI UNIIFMCE AMOUNT 59 as Furnish and Inetall Street Lighto as per Street Light Replacement Bid dated Sept. 20, 1985, approved by Council at Aupuat 219 1985 Council 59 eo 49,060.' Meeting. RESOLUTION 05-05 RBCOIVBO cF p 4 1985 cay GI •00 Ina STATEMENT BELOW READ OR MAILED TO VENDOR. PO is for all coot & freight to Kenai 'Freight for thin PO is on POO IM ADDITIONAL COSTS WILL 6E PAID"TMOUT TOTAL 49,060. AUTHORIZATION d NEW PO PRIOR TO DELIVERY. 0 ate 4 I. 1 w V• it � El 4W 1 b c� i f A .f ._..._....... o __fir— a. a, r~ qe P.•li .. • . CITY OF KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 283-7535 ADVERTISEMENT FOR 610 STREET LIGHT REPLACEMENTS Sealed bids for a contract to furnish materials and labor to replace electric street lights will be received at the Public Works Offiee, 210 Fidalgo Street, Kenai, Alooko, until 2 p.m., local time, Auguat 209 19859 at which Limo they will be opened publicly and read aloud. t The following ohall be marked in tho lower, left-hand corners u. STREET LIGHT REPLACEMENTS -1905 Specifieotiono may be picked up of Kenai City Hall, 210 Fidalgo Street. TO BE PUBLISHEDs Poninoulo Clarion - Auguat 2, 7, A 149 1965 Nis 1- 1 .1 := 3 4 r k 9 4 F ti { J a a- o INSTRUCTIONS TO BIDDERS 1. All moterialo offered moot be now and of tho Intent model currently advortiood to the general market, unloeo othorwice opecified by this bid invitation. 2. The material for thin bid in no upocified. The material io ouch that it will be interchangeable with the lighto in Inlet Woodo Subdivioion. 3. All bide ahall be oubmittod oxcluoivo of Federal# State# and local toxeo. However, if the bidder believon that certain toxoo are properly payable by the City, he may list ouch taxoo eopo.ataly, in each coca directly below the prooportivo item bid price. 4. Aeoignment of contract or oubcontroctoru oholl not be pormitted, and elaimo of oubcontroctor due to cancellation of contract will not be recognized. S. AWARDS will be mode booed upon all formal competitive bide received prior to bid opening. All bide will be guaranteed for 30 doye from the bid data. 6. Biddoro are inutructed to use this and attached forma in oubmitting bide. 7. All biddoro should innpoct job oitoo prior to oubmitting bide. CONDITIONS 1. Formal bido will be rejected if not received at the isouing office prior to the time not for bid oponingo. 2. The City renorvoo the right to reject any and all bide, to waivo minor doviationo from the opoctficationo, ono to waive any informality in bido received, whenever ouch rejection or waiver in in the boot intoroot of the City and unlean otherwise opocified by the biddor, to accept any items In the bid. It oloo ronervoc the right to reject the bid of o bidder who hoo proviouoly foiled to perform properly or complete on time contracts of a olmilar nature, or a bid of a bidder who in not in a pooition to perform to contract. 3. In coon of default of the Contractor, the City of Kenai may procure the orticlon or oorvicoo from other nourcee and hold the Contractor rooponniblo for any oxcean coat occasioned thereby. 4. In cane of damogo to City property In fulfilling this contract, the Contractor ohall roimburoo the City to the extent of ouch demogo. L L-- L F w S. The Contractor shall hold and save the City# its offioora, agents, and employees@ harminee from liability of any nature or kind# including coots and expensoo, for or on account of any or all suite or damagoe of any character whatooever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this contract# unless ouch suite or damages arise from carelesonoes or negligence on the pert of the City or Ito employees In the performance of their unsigned duties. The City shall not be liable for any coots incurred by the bidder in bid preparation. 6. No officer or employee of tho City of Kenai shall be admitted to any share or part of thin contract or of any benefit that may arise therefrom unions it may be mado with a corporation for its general benefit. r I I i I f•J `r �f y 1 �I c� e . R 60-1.4 EQUAL OPPORTUNITY CLAUSE (b) FEDERALLY ASSISTED CONSTMICTION CONTRACTS. Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: R1) The contractor will not discriminate against any employee or applicant, or employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including ApprcnticeahIP. The contractor agrees to post in conspicuous places, available to employees and upplicai&ts fur employment, notices to be provided setting forth the provisions of this nondiscrimin- ation clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color roligionj sex, or national origin. (3) The contractor will send to each labor union or resprosentativo or workers with which he has a collective bargaining agreement or other contract or.undorstanding, a notice to be provided advising tho said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations. and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of tnvestt;lation to ascertain compliance with such rules, regulations, and orders, (e) In the event of the contractor's noncompliance with the nondiscrinia- ation clauses of this contract or with any of the said rules. regulations. or orders, this contract may he canceled, terminated or spsponded in whole or in part and t:c contractor may be declared incligiblo for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24. 1965, and such other sanctions may be imposed and remedies L no Equal Opportunity Ciauso Page 2 invoked as provided in Bxocutive Order 11246 of 4optomber 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or pure aso order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Bxocutive Order 11246 of September 24, 19650 so that such provisions will be binding upon ouch subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means ! of enforcing such provisions, including sanctions for noncompliance; PROVIDED, HOWEVER, That in the event a contractor becomes involved in, i or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal f` ; opportunity clause with respect to its own employment ractices when it participates in federally assisted construct Lon work: PROVIDED, ! That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, i instrumentality or subdivision of such government which does not ! participato in work on or under the contract. The applicant agrees that it will assist and cooperate actively wit;% the administoring agency and the Secretary of Labor to obtaining tho comply- j ance of contractors and subcontractors with the equal opportunity clause and the rules, regutatiun4,and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such complianco, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for socuring compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part No Subpart D of the Executive order. In addition the applicant agrees that if it fails or refuses to comply with those undertakings, the administering agency may take any or all of the £ollowin actions: Cancelt terminate, or suspend in whole or in part this grant contract, loan, insurance, guarantee); rofrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satis. factory assurance of future compliance has boon received from such applicant; and rofer the ease to the Department of Juntico for appropriate legal proceedings. u .0 J i q Ir i 1 J ,f -Dn . _ .. i 1 TECHNICAL SPECIFICATION' STREET LIGHT REPLACEMENTS LOCATION Street light fixtures, bnllaoto, and light iulb replacemonto will be in the areas of WOODLAND SUBDIVISION, RECOUBT TERRACE, AND INLET VIEW SUBDIVISIONS. (Soo approximate 'ocationo on Sheeto A-19 A-2, and A-3.) QUANTITIES All bidders shall vieit the site before submitting a bid to familiarize themselves with the project. The bidder shall submit a bid on a cost per each unit to furnioh onc: inotoll fifty nine (59) stroet light fixtures, bollooto, and light bulbs pluo furnish only eleven (11) extra otreot light fixtures, bollaote, and light bulbs. TIME OF COMPLETION The time of completion is 90 calendar days. Liquidated damages will be $50/day beyond the contract time. LICENSES In orrd to bid on this project, the controctor must be registered to de work in the State of Alaska as a buain000 and on a electrical contractor and muot submit a copy of his buoinono liconno and hin electrical controctor'o licenne. BONDS Old bonds are not a part of thio bid. Porfcrmnnce bonds are not required for contracto under $50,000. TC-40OR GUIDE FORM SPECIFICATIONS The lumineire shall be of traditionol, colonial design, General Electric catalog number (TC-40OR - C691N758 but with a multi -top ballast so it can be used with 120 volt system) consisting of a die -east aluminum base/olipfitter for throe inch 00 pole topq ADS plastic housing and canopy and acrylic lone. The ADS plastic canopy @hall be hinged to the lower housing. held closed with two captive ncrawe. The TC-40OR shall contain an internal reflector to provide IES (III or IV) roadway typo distributionse r u� p 0 a The luminnirs shall contain on integral ballont of the regulator type as abla of operating from o multiple (120# 200, 240, 2779 480) volt 60 Ha power source. The ballast iholl be prowired to the lamp socket and terminal board far 120 volt oyotom but with option to change to 240 volt eyotomThin ODE C69IN758 shall be 250 watt Luealox (high pressure oodiu . The fixtures shall be the standard color w11ch In block. Each unit shall have a photooloctric contrrl that operntoo the unit automatically from inaido the top housing. The succossful contractor will be required to furnloh and inotoll the fixturo, multi -top bolloot, and light Lulb on oxiating polon. The contractor will oloo be required to reprove and diop000 of exioting fixtures, ballooto, and light bull.. All additional equipment, labor, and materiale needed to make lights fully operable shall be conoidored incidental to the project and should be included In the unit coot bid. MINIMUM GUARANTEE a Contractor shall warrant the complete project including materials and labor to be free of dofocto in deoign, materials# workmanship, and installation. After all the lights are fully operablo, they shall be chocked by the City and contractor to 000 that they are fully aporablu. Two weeks later all the lights will agnin be chocked to see that they are fully operable. The contractor will be required to replace or repair all inoperable lights at no coot to the City. The lighto that had to be repaired or replaced will be continually chocked and fixed until they have boon operable for two wooko. METHOD OF MEASUREMENT Thin contract le to be paid on a par each baoio for all items furniohod and installed and furnlahad only so directed and subject to approval and acceptance by the Gwnor. BASIS OF PAYMENT Payment will be made at the contract price for the completed project and in the quantities euthoriaed by the Owner. This price oholl be full componootion for furninhing all materials, labor, a uipment# tools, and incidontolo, recoonary to complete this project in the quantitieo authorized r.y Owner. EERTIiIED PAYROLLS .-I�.tiY111i.�Y1..Y�. The successful bidder will be required to romploto and submit certified payrolls for work done to the City of Ronal and the State of Alaska, Department of Labor, Wage and Hour Divinion. L. STATE MINIMUM RATES OF PAY State minimum hourly wage rates of pay are Bart of thio contract. COMPLETION DATE Delivery and installation of etroot light f.xturoo, ballanto, and • light bulbs shall be uemploted within 90 ca:ondar days actor notice to proceed. Liquidated damages are $50/day. I �, General Electric f••.TCs,,400AT.C400 L to. • I I , • 4 4I l t`i 84 t 1t V 1 I j) There's i more to GE lighting «•�.« ►uiilianiaen than meets the eye. i UMINAIRES :. General Electric TC-406 and TC-460R decorative luminairos crier aria dil3tinctivo docorativo shaQo. Thelte colon.-81ilod luminairos we Idoal M, • •'•"tea "jet 'r J,.� lent HID lighting in t ping cantors, malls, r• s� yrt. w,► o■Ible IIgAI distribution —the ; a fvM . T TC•400/TC•400R family offers ,1 ,,, >t y •nlfva%, ` ULS• area and roadway type fighting distributions, for & w• c•�g( r, fifty of lighting applications. g. Long -Life Oursblllly -- The v�;l �•i+`r yy �+�: '. �•v. 1110101[w for A di a Cast aturw.!Awn (of low.t,�fij}+yw . •��„• !I••1•fr��:ri•.»�r..., • m2lalvrianco end N secured by '�.� ��FY i p? il•►1`�t,l ,'P. V• w M41i/i cy! �y' is efe stainless steel &lien head .crews. The housing and hinged r ����i`�'.�"�r��a',�y�.� � •r •.� ,•�•�::. �.Lwtw Canopy An heavy gauge ADS �f+ri rr 'r'! , b t i +y �i. :',:':.. r t i = r ' i • y r• pl&elic to malnlaln shape and '14 tr=.�r��e�.za�rf�' ,rw A1�•'.r:. .. '�` ► svfi� Color Through many years of ! �j:•f� V T'.r li.�i !ri• a �''jrv� rr •r}�.q�rr�Kq, r .b{,1 �� p service.16 Y,Ii+• . --- tw.n,• �. Falb easy maintenance •- TWO captive &Crewe allow quick ac• casefe Through hinged conOpy 10 TC•400/400A OWOa FORM OPQCIFICATIONO III e11CINC&1 and optical components. eollast le pte•wiled 10 The lunilnatre er •ill be of traditional, colonial ciesign, General foe Nominal board and Nmp 800kot assemblies. Electric catalog -I imbet lopeclfy), consisting of a die-cast stum• 4. Fast auto mounling and (walling — sea Allan heed ant screws Inum base/atiple••nr for three Inch 00 pole top. ADS plastic fasten and level Into luminatre on a Ihreo-Inch 00 pipe. housing and car ipy and acrylic lone. The ADS plastic canopy IL Automatic 6usk•f0.OAwn CenIf01 -• An optional phdt0010C1r1d shall be hinged 1. the lower housing, hold cin•ind with two captive Control oper&tee the unit automatically from Inside the top aerows. Tn: '� +gOR, waori•alieetkeil, shall contain an internal houstno, refloclor to prove w IHS fill or IV) roadway type distributions. The luminalre at oil contain an integral ballast of the pegutalor• auto requiato/) i.pa capable of operating from a multiple IIZO, 200. 240. err, 001 volt 60 H1 power source. The ballast Shelf be prowited to If n 1ot11p eochet And tOrminal board 0 Re9111end Trademark of deneral electric Company OINERAL 4b ELECTRIC ff I f t '1 i t 1 . 1 ((5 h I i ORDERINd INFORMATION Cat NA (loss tamp) _ Will/ Mallet$ LIgh1 Wi, Yolls a- - Lamp Type Olal. Los. TC•100 Without P I. Receouele C161NI11 ( ,�p 100•Ws11 Regulator C09,N919 Cee1NN! 9e0 Luestos V 51 te11N10e 170 1/0•Wa1 Ca91N901 I 240 Luatoo Regulator 00 POW N{I�,• Ad J _ • — Ct)f1N101 1;0 1{0•Wa11 C031N 0� I 2,ae00 Lualoe Regulator 30 001 1Toe�aoe Ioorwm r Ce IN00{ Za0 Manu� Auto•Reg 10 Mt0(IpMJ,� C•400R without P. I. Recontaale CIf1N1e1 1Z0 100•WNI Ce11111/e1 240 Lualoe Regulator M•N•111 11 Cp1N16I 130 Ieo•,yatt twealoo Flo Attlator 13 t • f1N/ Ce91Nif7 C01110101 240 1110 al LYalof Regulator 11 Ce91N191 C4911,17119 C111Nalf 120/2404 240 480 a00.Wall Metevey M1000a?7.1 Auto-A"S•9.111 Iy A120 a Ito roil units an 1aclory wlred for 120 rolls. Units can 0e raconnsCleo to the held to 2I0 voila MIN. OPTIONS: OTY. — Standard color to bta0s. Avail - sole in e• no Decorative colon Rarer to MA•9»t e P. I. Recoolocle' Lmtts are avail• 8010 with P. I, AMPlaclee UP 10 911 ""' a any Voltages 708. 9111n filings shown any 400•1 11 Metal Matide — MI voltages e Lelans Panels ITC•a00 only) 0 0 Oldsr P I. Control s/palelaty ACCES80RY: Nniq nil boOld anodised slummum, tea of 41 CIL No. 3S•901800•30 MOUNTING: in fl. Prot Am 1s 3 e to N. max 1phllsr aecommodalso a Y' 00 pole top. RECOMMENDED POLED: 84109e110d mounting 11e110n1 it 1e feel For IN round. layered anchor bat* Doles mewomg onenor bolt and Doll Cuele tomylales Order Cola• log nurneors below These PO1011w a withstand toll tom lot*) go mprtt, ole Cal No all Maunal Ila' Pole$ gOn0x 100rrorx heel, Pnms Purred �tgoNoOx ;ileet�QalrnmsDd V PHOTOMETRIC DATA aoo wane LImO. Ciott10Yllan T Curie Number photon tv, 0 •11i(029' rtr Mat �'_� TC•10011 _ Watle @I"p '=v Lucelo. 01s1nbunon Type i1 Curve Number Wit, •N•1 5•170�hr 400 1 PhmohOr raeroury 9.1.111 1f)• 1 16262 GENERA ELECTRIC COMPANY Lighting Yeterre Oopartmont, Mondersonvdlo, N. C. 28732 Ir i ells 11{M1 M beano o....•,» .. A.— rA M r 1W,? r� Fil 6 OI0 PROPOSAL STREET LIGHT REPLACEMENTS CITY Of KENAI 210 FIDALGO STREET KENAI, ALASKA 99611 (907) 203-7535 Furnish all labor, matorialo, and miocollrinuouo to replace oxioting street light fixtures, ballooto, and light bulbs in the Gross of WOODLAND, REDOUBT TERRACE, AND INLET VIEW SUBDIVISIONS as epecifiod, plus furniah only otroot limit fixturoe, ballooto, and light bulbs. Eat. Unit Coot in Total Coot in Ouan. Description Figuroo A Worctl Figures 59 oo, Furnish li Inatoll Strout $ 831.07 such gg,ag8.83 Light Fixturee, Ballasts(Figures) and Light Bulbs AXIS One apum nc t Su o Cento ouch, or a 11 on- Furnish only Street $ 801.M each Light Fixturoo, Bollooto,(Figures) and Light Bulbs Eight ltuadred Ono Dollars and higNty 7%vo Conte ouch, . or s GRAND TOTAL COST ; I37,RM.55 By the oigning of thio Proposal, the underoignod Bidder hereby expreeoly ocknowlodgoe hie undorotonding of his agreement to comply during the performance of any work under any Contract resulting from thle bid with all equal opportunity obligations oe Get forth in the Contract Documento. BIDDER The name of the Bidder submitting thio Proposal 1e CM 1' CamliC Im +`r �• doing buuini+no at at. 1 Box 125 IWnui Alaska Mil •'°'"`51reet city 514tv lip which is tho eddroaa to which all communicetiono concornf:d with this Proposal and with the Contract oholl be wont. L f t, t r ,-� _ _ ' 1 I The namee of the principal officoro of tho corporation ouhmitting this PropooGls or of the portnerohip, or of all poroono interested in thio Propousl as principnln are an follownr R.C. SWOMY, CH -- -- ---_ 11arriot WIIOY. Erna. VP1 lal_;AdMnt If Solo Proprietor or Por►.nerahi IN WITNESS haroto the undoruigned hnu sot hie (itu) hand thin day of $ 1905. 5 gnu uro of or Komi [Branch MunuMr i e M 002700 SIC1731 AAMO uo neoo cenoo No. FcFr ►cis on ruc or u Liconoo No. 0 �_.._14 i i ,. . - m% 1N 1 Avg. %% 0 •��rtJ 1 •f�' �� L �•' II s '4r�-y%y"tom i } 0 REDOUG•l- TERRACE A -. a q,I J'A' lid 1 4 INLET VIEW SUBDIVISION A ' F nn i �F8t01q� . r� 0 No Now Won s (" irMl T e 8 p q 8 810NED: L;- AUG 5 US --. vr�_ ' SIGNED: I ' RECIPIENT: WRITE,REPLYr RETURN WHITE TO BENDER, KEEP THIS PINK COPY. `! '• it if U 4.*:Y41 Le aq�.f ' U Val i s _•_ __ a 1:1: _ ti Iir .. ADDENDUM TO CONTRACT DOCUMENTS PROJECT: INLET WOODS SUBDIVISION, PART 1, L.I.D. 1985 PROJECT NO.$ N/A 810 DATE AND TIME: JUNE 4. 1965. AT 2:00 P.M. (A.D.S.T.) ADDENDUM NO.: ONE (1) DATE ADDENDUM ISSUED: MAY 23, 1985 PREVIOUS ADDENDA ISSUED: NONE This addendum forms a part of the Contract Documents and modifies the original documents. Acknowledge rocoipt of this addendum as provided for on the Proposal Form. Failure to acknowledge receipt of any addenda does not release bidder from contractural requiroments of such addenda and may suffice as grounds for disqualification of the bidder. THE BID DATE IS CHANGED FROM MAY 30, 1985 AT 2:00 P.M. TO JUNE 4. 1985. AT 2:00 P.M. A.D.S.T. THE BLn gCHEDULE IS MODIFTFn ng ;CLL.UWS: 1. Delete page C-10 of Bid Schedule A and insert the revised pave G-10 in Bid Schedule A. 2. Revise Did Schedule A, page G-9, Item 50.02 (16) to read 1'50.U2 (15)". Initial thin revision on this page. 3. Bid Schedule C, page C-15, Item 70.23, revise cotimated quantity from '11952 board foot" to " 11,816 board feet". Initial this revision on this page. 4. Bid Schedule A, page C-10, Item 90.20, revise estimated quantity from 4 each" to " 6 each". initial this revision. THE SPECIAL PROVISIONS ARE MODIFIED AS FOLLOWS: 1. Add the followit: SECTION 90.11 PRIVATE PROPERTY ACCESS: Access to private properties adjoining the proposed project area shall be allowed after the re- spective completion dates for water and sanitary newer installations• That is access to Phase 1 properties shall be allowed after August 13, 19851 to Phase II properties shall be allowed after November 1. 1985, This access, shall be allowed to property owners, their agents, and/or building contractors and sub- contractors. Contractor's requirement is, to provide only limited access, and not to maintain such access. Contractor is allowed road closures for construction work In ac- cordance with the Oonoral Provisions and their Supplements. a r- :z to house all components. The load conter(o) lu to be mounted on wood polo(o) as needed. A L" ply mounting board is to be ouppliod for load center components. All load center components to be sized for 240 VAC - 10 power. 1 Load center to contain the followings - motor bane no above - main breaker panel with 1-200 Amp 240V 10 breaker - A minimum of two branch circuit breaker enclosures. Each circuit is to handle approximately 50% of the entire luminaire load and contain 1- 100 Amp 240V 10 breakers. -Required grounding rod and conductor. -Conduit and conductor to be appropriately sized to anticipated loads. All conductors to be run in appropriate conduit on board and above around in- stallationo and to direct burial depth per 1984 NEC code. C. Luminairoo - 660-6.01 Add the followings The luminaire shall be nondecorative and shall be deoiged to produce ILLS Typo MNIII Distribution. Luminaire to be oupplied with lexan panoo. Each luminaire to be supplied with ch©to ntpreri�al Luceptaclo and appropriately sized photo electric call. (PC colic to be mounted unobstructed north.) Initial lamps lumeno, manufacturer rated, shall 130 a minimum of 22,500. The lumin- acre shall provdo initial light distribution charaetorlutico as are available from the following modals _Conor� set1� TC 4U25U wu�t. "i.ptalosc'�yaith--- regulator type ballant. Luminaire to be 24D_VAC 10. " %- Article 24.4 Method 0f Meanurement (Standard Specifications) Method of meuauroment will be lump sum for all work described in this Section. 11. Field Tests 660-2.14 Field painting of devices shall not be required. Article 24.5 Basis of payment h60-7 Basis of payment for this item shall be in accordance with Section 10.07 and shall Include full payment for all work described in thin Section. The lump sum price for installation fo ntroot lighting :systems shall include full compensation for furnishing all labor, materials, teals, equipment and incidentals slid for doing all the work involved in furnishing And installing, modifying or re- ing the GYnteme specifications,Aandshown as directedpbynthesEngineer,lIncluding, but not provisions not andliseltod to I I �i gar • fC-400+ TC•400R LUMINAIRES (Listed In 8EA•9284F) 011t15111ti01NE0AM NJ Walu titiiiaaiq OO:% to F,aTi"ltt:6)1 Tr�pi otii� le:. rw.... taau►..a a►w. ataaaarame ---- �• �eH+NNI tNRN 1701Y 4f0•WN Autenp V 10 qjl� awas m 41100 t1M00a11tst1 CNiNIts pNM 110 41FWh CNINf/f N1N 140 k"Wom 1100011 t V N USIN/t/ Nf.N 410 r Ce$loi o NROf Im aMW�h tN1ON NT,111 r10 lstN•• nebwNq v a• C{111114141 N/aa 1{0 etNN+ NIM 170 +IO.W11 WINf� M."940 ionic tt•Qu1Nm v J0 Ms .R, Raa sa �+45 CN1N71 4 4"Wall CNlNlfa aaf noteu►r Auto -Aso M•bdo aMaa Nl0001'1 CollN141 a F�ev� 4woo t{sI►43 NS.N L111141•• neoutotor MMn of CH1N1{f aso C1111NIN NN WWye CNINrN Nr. lr/•le• nequletot M•0•111 47 C{HNIN N14N Iep WflNra+ N14N 170 tIOW11 i gflN/y NLN 740 Lucalol Aeeulpor M.NaV 41 C�_{N�i Nt +m► • Omer V a control 60p•1e1011 4500 p30e 441 11O�AMINOCp p000 pNted moununp height to 191eel. For 10' round, lepotod anchor base poles, including anchor bolls and boll circle templates. order catalog number below. Then pololi will withstand up to at lent 00 mph$ (see wind map, page 03►. Anchorage. *sights or other detallf are on page 52. t5' p/lieI Fire—o I a — o e-We�i+FiT C690 "N ose.N 1 051 Alutnmuln n•y,,.�.;. •t7.ee 04 ufwl. Pf a- o•.Mnd c7W)NOla 414,N 697 Moot.041mttod Y , / 1 TC• 90 Ieminaln 1., 1�• ji V0400N luminalre OPECIFICATION CHOCK t• 1 I . v»• ADO Plastic housing a canopy 11 I } Ole call sllph$lor Hinged canopy Ituo Acrylic or Leman prismatic. I0114 Integral ballap r rr eo 1 OPTION MIN, Ides 00.1MA OPt — Otandatd color to black 91ghl decorative colors available Relsr to OBA•9352A. 6 (Adds► 84.00) 0►9 — P.D. Receptacles 1111116 are available with P.D. Receptacles up -w QTf volla any (Adder p.001 OP3 — Voltages M.I1TT In ratings shown any (NO Odom) ON — 400•WAII Me161 halide -- All Voltages 5 (Adder to Msrcury H1.00) OPS — Leman panels (TC•400 only) 5 (Adds► $51.00) Mcis rACC!l9HO cat No 35•961000.30 Q 14P 6inial Nll IQo d onedtrod aluminum, set o14) (MO NTINO all Pro). Area IS 3 0 so It Mee 611plllter accommodates a 3" 00 pole top TC400 Distribution cvffo Wells Lamp TWO Numlla► 400 _ Vne1phot tt/oteU4 V !!•/►Asps ---I it 400 1ue11o. TQ•e00R �'~' —�MSblMiilew� a Welts lamp Trpe NI~ h04ts'W01r , ��`� 1--NIT YW1 " 'ltb"4W— lucalol ��N w J!•Itu2�/ 1 ut•b1 Li S inliq 9 ry 1 C, . Suggested byi Administration CITY OF KENAI ORDINANCE NO. 1125-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $509000 IN A NEW CAPITAL PROJECT FUND ENTITLED "AIRPORT GENERAL AVIATION TIEDOWN AND TAXIWAY IMPROVEMENTS." WHEREAS, the City of Kenai desires to design a new paved tiodown apron of approximately 250 feet by 500 Peet; and, WHEREAS, the City also desires to deoign widening of the secondary taxiwsya (Alpha 1 6 3)9 using the fill to level the osfety zonal and, WHEREAS, this design is in anticipation of receiving an FAA grant for conotructionj and WHEREAS, monies are available in the Airport Lend System. NOW, THEREFORE, 8E IT ORDAINED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following incroaaoo in estimated revenues used nNNropriptinno ho merle: Air port l and�Sx9tem: increase Eetlmatod Rovenueoe Appropriation of Fund Balance in.000 Increase Appropriations: Airport Maintenance 6 Operationa - Transfers W 0 Airport General Aviation Tiedown and �- Taxiway Improvements op_ita-1 Proje:cts Increeoe Estimated Revonuoot Transfer from Airport Land System SM.= Increase Appropriations Administration $ 10000 Engineering $49.000 Z, I , yyyyrr�,�, a.y 1 r Q PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thio oeventh day of May, 1986. -NUR,-RAYON ATTEST: Janet Who on, City Clerk Firat Reading: April 16, 1986 Second Readings May 7, 1906 Effective Data: May 7, 1996 Approved by Financo:_�g 4/10/86 r CITY OF KENAI eap" o f 4"•, 210010&0 tanAWMAINA Nn+ Tlld/MONK !/f • mfi April 11, 1986 MEMORANDUM TOt Kenai City Council FROMt Randy Ernotp Airport Manager REt Ordinance 1125-86 Ordinance 1125-86 woo drafted to activate the "beck -up" preapplicetion requesting airport improvement (Alp) funds for a general aviation tie -down apron and taxiway improvement project. It hoe become increasingly apparent that the float plane facility project cannot code to grant before Soptamhnr 301 1966 which is the and of tho fiscal ar for the FAA. Thereforet the City would lose FY84 AIP fuiido. The "back-up" preopplication wee submitted to the FAA on January 30, 1966 for simultaneous proceeoing along with the float plane facility project. The FAA has indicated that tentative approval for the "book -up" could come as early no six weeke from now and that it would be appropriate for the City to get the engineering done for the project now. Once the engineering is completed and the FAA gives It's approvell the project will go to grant. The grant should be Issued sometime in mid -July. A new time table for the float plane facility project will be submitted to Council on or before Ito next meeting. RE/dg r- SUBSTITUTE Sugg©oted bys Adminiatration CITY OF KENAI i( ORDINANCE NO. 1125-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $50,O00 IN A NEW CAPITAL PROJECT FUND ENTITLED "AIRPORT SAFETY ZONE, GENERAL AVIATION TIEDOWN, AND TAXIWAY IMPROVEMENTS." WHEREAS, the City of Kenai deeiroo to dooign a now paved tiedown apron of approximately 250 feet by 500 feett and, WHEREAS, the City also dooireo to dooign widening of the secondary taxiways (Alpha 1 A 3), using the fill to level the safety zone; and, WHEREAS, the City also desires to improve the Airport Safety Zone area; and, WHEREAS, this deoign is in anticipation of receiving an FAA grant for conetructlont and WHEREAS, monies are available in the Airport Main Apron Extension Cnp1tnl Prnj@et dues Lu uiouur expendituroo of grant monioo in that project; and, WHEREAS, the grant hoo boon amondod to odd the work described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following incron000 <docr00000> In eatimated revonuoo and appropriations be modes Airport Main ApronExtension Capital Projocts — Decrease Eotimated Revonuooi State Grant (DOT) - 1904 <$500000> Decrease Appropriotionos Construction <=SO,P""' Air ort General Aviation Tiodown and Texiwoy Improvelmento CopIEa ro sets ncreaee Eatimatod Rovenueot State Grant (DOT) - 1904 r � { UU 01 1 i .i f 7 Increase Appropriationot Adminiatration $ 10000 Engineering $49,000 n PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, thio ooventh day of May, 1986. OM WAGONER, MAYOR ATTEST t onet WSolan, City C or First Readingi April 16, 1986 Second Readingt May 7, 1986 Iffectivo Datot May 7, 1986 Approved by Financot C94 S/7/86 I w 1 i Suggested by Administration CITY OF KENAI RESOLUTION NO. 86-37 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI) ALASKA SETTING THE PERCENTAGE OF FAIR MARKET VALUE TO BE USED IN ORDER TO DERIVE A FAIR RETURN ON LEASE OF CITY LANDS. WHEREAS9 KMC 21.10.130 (a) (2) states that the percentage of fair market value to derive a fair return on lends to be loosed by the City ehall be oat annually in May by resolution of the City Council. NOW9 THEREFOREt BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rental rates to be set on any City lands to be leaeod after the effective dote of this resolution shell be 6% of appraised fair market value as established by a qualified independent appraiser. PASSFn pY THE COUNCIL or THE CITY of Hoy, 1986. Yoiw ATTESTt Janet a en y Clerk Approved by Finances e2a A C C 3 Suggootod bye Adminiotrotion CITY OF KENAI RESOLUTION N0. 06-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TERMINAL LEASE RATES AND A FEE SCHEDULE FOR FISCAL YEAR 1986-87. WHEREAS, annually there is a review of the Inane and fee rates for the Kenai Municipal Airport Terminal, and WHEREAS, the following rates and fees have been reviewed and found to be economically sound. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following minimum loans ratoo/Pee schedule beginning July 1, 1966 is adoptede Lease apace - includes all counter - public service areas, office space with custodial service, and work arcaa +1.65190 .ft./mo. Airline baggage area uoo foe (Baggage build-up, claim, conveyor bolt areas) 15% of space rental Commisoion-vehiclos for hire and related oporationo 10% of gross Poster apace $200/year Telephone with poster $230/year Other fees no negotiated and approved by Council. Spaces that are l0000d on a bid booio ahall be charged based upon successful bid end the above rates will not be applicable. �.J PASSED BY THE COUNCIL OF THE CITY OF KENAIALASKA this 7th day of Mayo 1986. Tom RjUner, Mayor ATTESTe Janet 0 on, city oe i Approved by Finance: C_ oa f FF U c—y Suggested byt Adminlotration CITY OF KENAI RESOLUTION N0. 66-40 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES HE MADE IN THE AIRPORT LAND SYSTEM BUDGET: Froms Airport Land Syatem -- Land - Contingency $7,500 Toe Airport Land Syotom -- Land - Professional Services $70500 This transfer provided money to hire a conoultont to develop an airport boundarleo map to be used for grant applicatlono. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin ooventh day of May, 1966. 7i ATTEST: Janet o an, y CZ'vrk— Approved by Finances C!R4? 4/28/66 m PA r Suggeoted by City Clerk RESOLUTION 86-43 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAll ALASKA, ACCEPTING A 610 FROM MICROFILM MANAGEMENT SYSTEMS FOR MICROFILMING SERVICE. WHEREASp the City of Kenai received bido from the followings OIOOERt BID PRICE Ed Oberts $110969.00 Advanced Micrographice 8t340.00 Alaska Micrographic No Bid Microfilm Management 10t170.00 Records Management 4,500.00 Wolfe A Aeeoo. 9t678.40 WHEREASp the City Clerk has reviewed all bido and feels it Is in the beet interest of the City to award this bid to Microfilm Management Systems. WHEREAS, sufficient funds are appropriated. Nnw THEREFORE CC IT RESOLVLU HY THE CUUNGiL. OF THE CITY OF KENAT; ALASKA# that the bid from Microfilm Management SyeLOW18 iur microfilming service in the amount of $10,170 be accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAlp ALASKAs this 7th day of May# 1986. ATTESTS ens a an. enyClark Approved by Finanost —4? F CITY OF KENAI 40d 66rdW 0j 4" 010FIOAM KINALALAINA ONH �. T[LANIONKM•y"s May 10 1986 70: Council FROM1 Janot Whelan .N' City Clork REs Microfilm Service Bid Low bid wee Records Management# they did not include per diem and duplicate rolls in total, thin would bring total to $7p386. Becauoo I have not worked with microfilm before, I worked with the Borough Records Clark on review of the bide. She hoe attempted to work with thio company on two occaoiono and hoe found their work not acceptable. Advanced Micrographica woo next low bid and were highly recommended, but were unoolo Lu auctopt lied bid bocauoe of prior commitmente. Wolfe 6 A000c. woo next low bide but their bid woo not complete. Indexing woo not liotod, and they are an unknown firm. Thio brought me to Microfilm Management. They have worked with the hoopital and Konai Borough and were found to be very good. Since thin film will be of permanent recordo and muot be of tho highoet quality, I recommend them. jw �1 0 ! Suggoatod bys Adminiatration CITY OF KENAI RESOLUTION NO. 86-44 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT _ THE FOLLOWING TRANSFER OF MONIES HE MADE IN THE 1985-06 GENERAL FUND BUDGETS O FROMs Beautification - Operating Supplied $39000 - Repair A Maintenance Suppliee $19850 TO S Beautification - Machinery 6 Equipment $40850 Thie tronofer providoe money to purchooe a riding lawn mower. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin seventh day of May, 1906. ~c ITom Wagoner, Mayor { ATTEST s gene-E-Whnlon, City Clerk Approved by Finance S _� 3/1/66 C-7 0 Suggooted hy# Adminiatraiion RESOLUTION NO. 06-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR ENGINEERING DESIGN SERVICES TO MQLANE AND ASSOCIATES, INC. FOR THE PROJECT ENTITLED, "AIRPORT SAFETY ZONE, GA APRON AND TAXIWAY IMPROVEMENTS" FOR A NOT -TO -EXCEED AMOUNT OF $37,700.00. WHEREAS, the City of Kenai received propooele from the following firma# Mike Tourioinon, P.E./Rico-Whitford & A000c., Inc. McLane and Aoeociotee, Inc. Wince-Corthell-Bryoon WHEREAS, the Public Worka Department and the Airport Manager feel that it io in the boot intoreot of the City of Kenai to award thfie project to McLane and Aaeociateo, Inc., and WHEREAS, oufficient fundo are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKAp that a contract bo nwnrdod fnr Enqineorinq Deoign Services to McLane and Aoeociateo, Inc. for the project entitled, "Airport Safety Zone, GA Apron and Taxiway Improvementalt for a not-to-oxceed amount of $57,700.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 7th day of Mny, 1986. ATTEST# Janat Whelan# City Cierk Approved by Finances TUN WAGONER, MAYOR U L A MEMORANDUM TO$ Keith Korneliog Public Worko Director FROMI Jack LoShot, City Engineer 99 DATEo May 1, 1986 SUBJECTt ENGINEERING PROPOSALS - AIRPORT SAFETY ZONE, GA APRON, AND TAXIWAY IMPROVEMENTS Prop000la for the referenced project were received April 30, 1986 from the following firmol Firm Not -to -Exceed Mike Taurlaineng P.E./ Rice -Whitford. 6 Aoeoc., Inc. $409975 McLane d Aaeociatoo, Inc. $359200 Corp. Permit if Needed 2500 Wince-Corthell-8ryoon $41,478 All firma involved have provided oervicee to the City on numerous occooione and performed very well. In light of thin and the fact that there appearo to be a relatively amall dollar oproad, I would feel comfortable with awarding thin project to McLane and Aoeociatee which hoo the lowest not -to -exceed figure. The Airport Manager concuro. JL/ew CON r C S' Suggooted bys Legal Dopertmont CITY OF KENAI RESOLUTION NO. 86-46 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE LEGAL DEPARTMENT BUDGET. FROMs Legal Deportment - Communicetione $ 600 - Office Supplies $ 500 TOs Legal Department - Advortiaing $10100 This tranafor le to provide monies for tho publication of noticoo of default and ealo for the Lowry propertioo in the Poninoula Clarion. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin oeventh day of May, 1906. Tom Wagoner, Mayor ATTEST: ens -Wh©Inn, City Clerk Approved by Finances A- Approved by Legal Depoc mont 16 5/1/66 / DO i L l� M aw! { { Suggested byi Administration CITY OF KENAI RESOLUTION NO. 06-41 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE GOLF COURSE WATER AND SEWER CAPITAL PROJECT. =' FROMiEngineering $ Contingency 12,394 82 r, TO ! Inspection s1� This tronofor provides additional money to award on inopection contract on the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this seventh day of May, 1986. Tom Wagoner, Mayor ' ATTCSTt Janet o on , Civy or Approved by Finances y. 4/29/86 C� L iE ... IF- _y '� k ,. ... � V n it L'_t 4p'4V - - Suggeotod by: Administration CITY OF KENAI RESOLUTION NO. 86-42 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENA19 ALASKA AWARDING A CONTRACT FOR PROJECT MANAGEMENT, COORDINATION, SURVEYING, AND ENGINEERING INSPECTION SERVICES TO WINCE-CORTHELL-BRYSON FOR THE PROJECT ENTITLED, "GOLF COURSE ROAD, WATER, AND SEWER (1966) IMPROVEMENTS FOR A NOT -TO -EXCEED AMOUNT OF $380776.00. WHEREAS, the City of Kenai received a propoeel from Wince-Corthell-Bryoon on April 299 1986, and WHEREAS, the Public Works Department feels that it ie in the boat intoroot of the City of Kenai to award thia project to Wince-Corthell-Bryoon, and WHEREAS, sufficient fundo are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 0 KENAI, ALASKA that a contract be awarded for Project Management, Coordination, Surveying, and Engineering Inepoction Serviceo to Winco-Corthnll-Dryoon for the project entitled, "Golf Couroo Road, Water, and Sewer (1986) Improvements" for a not -to -exceed amount of $38#776.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA Chia 7th day of May, 1986. om Wagoner, Mayor - ATTESTS --- ego o an, My Clark Z Approved by Finances lip 44-057 G WINCE • CORTMELL • BRYSON CONSULTING INOINNIN6 r O fee 1041 907,163.4rVot 99611 April 2S, 1906 City of Kenai - Public Work.�•• 210 Pidalgo Kenai, Alaska =I 0 SubjeettCIntopMection nistration, Surveying PropoEll rive Road, Waterower 3 : i Altontioni Jack Laohot Ao requeoted we have prepared thio proposal for your consideration with regard to the oubject project. We have asoumod a 50 day conotruction achodule, with an additional 10 days estimated for miocoiloneouo adminiotrativo duties. rullowing in a man-hour allocation and coot breakdown bape! on the above aooumption. Engineer VII 25 hro @ $55.00 01450.00 Engineor V 50 hro 0 $49.50 2475.00 Engineer III 480 hro @ $40.50 19440.00 Drafting/Typing 40 hro @ $31.00 1240.00 Miscollonocuo Cooto 500.00 Subcontract Coots Surveying (Malone Surveying) 910,610 x 1.10 011671.00 Tooting (McLane and A000ciatoo) 2000.00 Not-To-Excood 038,776.00 If you have any quentiono, ploaoo contact us at your earliest convenience. J Sincerely Yours, jj WINCE-CORTHELL-QRYSON Philip w sops@" P Also N Cefthell At e94 �! 4r--!%JK 0 NaeA w W1460 1 f c'•�yr:s:'_ L Suggootod bys Adminiotrotion CITY OF KENAI RESOLUTION NO. 66-90 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1985-86 GENERAL FUND BUDGETt FROMt Other - Contingency $2,149 TOt Shop - Repair 6 Maintenance Supplico $2,149 Thio tranofer providon additional money for repair parto for City equipment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thin oeventh day of Moy, 1986. ATTESTt Janet eon, i y clerk k Approved by Finances (01?92- 5/6/86 om Wagoner, Mayor I I 41 �i „ 0 E c-�a Suggoeted by# Adminintration CITY OF KENAI RESOLUTION N0. 86-47 A RESOLUTION OF THE COUNCIL. OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF GOLF COURSE ROAD, WATER, AND SEWER (1986) IMPROVEMENTS TO ZUBECK, INC. FOR THE AMOUNT OF $349,143.22. WHEREAS, the following bide were received on May 1, 1906 for the above referenced projont# CONTRACTOR BASIC BID PROSSER CONSTRUCTION $4509475.20 ZUBECK, INC. 349,168.22 DOYLE CONSTRUCTION 3890539.50 NORTHWAY DEVELOPMENT 4009305.00 ENGINEER ESTIMATE 3229877.65 WHEREAS, the recommendation from Winco-Corthell-Bryoon, the project dooign enginoor and the Public Worke Department, in to award the contract to Zubock, Inc. for tho tutal coat of $349,168.22, and WHEREAS, Zubock, Inc.'e bid io the lowest rooponoible bid and award to thin bidder would be in the boot interoat of the City, and WHEREAS, oufficiont monioo are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI0 ALASKA, that the contract for the conotruction of Golf Couroe Road, Water, and Sewer (1986) Improvomento be awarded to Zubock, Inc. in the amount of $349,168.22. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA thie 7th day of May, 1986. ATTEST# 35not 0 on, URY UIOR Approved by Finence# _ om agonor, oyor a] . c� ,TJ - / AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 169 1906 - 7t00 PM PLEDGE OF ALLEGIANCE A. ROLL. CALL 1, Agenda Approval 2. Coneent Agenda *All items lieted with an oateriak (") are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no eeparato discussion of those ltemo unleoa a Council member oo requoatat in which ceee the item will be removed from the Coneent Agenda and considered in its normal sequence on the agenda as part of the General Orders, S. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Jill Burnett - Candlelight/Golf Course Eaeement 2. Resident of Area - Thompson Pk. Problem (One-Stop/Boys' Ltd) 3. Bill Word - Loaue Mid -Field Area at Airport for Growing Hay 4, Rick Baldwin, Atty. - Cheepie Auto Rental - Insurance C. PUBLIC HEARINGS 1, Ord. 1122-86 - Amending Kenai Municipal Code - Alarm Systemo 2. Res. 86-30 - Opposing Eotabliahing or Aooesoing of Higher Royalty Gee Prlcee by State 3. Ree. 86-31 - Awarding Old - S. Strawberry Rd# eto. - Doyle Const - Construction 4. Ree. 86-32 - Awarding Bid - S. Spruce - Doyle Conet - Construction S. Rea. 86-33 - Transf. of Funds - S. Strawberry Rd.,etc- inspection - $29835 6. Rea, 86-34 - Awarding Project Management - S. Strawberryq etc - Oooentoch/ASCE 7. Roo. 86-36 - Transfer of Fundo - Inopection - S. Spruce - $10,669 Be Rent 86-35 - Award Project Management - S. Spruce - OceenTech/ASCE fry 0 i 0. MINUTES 1. *Regular Meeting - April 20 1966 E. CORRESPONDENCE 1. *Me. & Mre. Meocockq Kenai - Kenai, All America City F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bille to be Ratified 2. Requieitione Exceeding $1pOOO 3. *Ord, 1125-86 - Increooing Rev/Appne - Airport Tiedowna & Taxiway - $5Ot000 4. Approval of Contract Amendment - OceenTechs Be S. StrawberrjX Rd.9 Etc - $767 b. S. Spruce - 519660 S. Oiec. - Sale of Property - Slackgold Eetatea 6. Dioc. - Amending Kenai Municipal Codeo a. Site Plan Ord. b. Zero Lot Line/Townhouoo Ord. c. Old Town Devel. Ord. 7. Diec. - Landeceping - Airport Way Triangle H. REPORTS 1. City Manager 2. City Attorney 3, Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7, Harbor Commiooion 8. Recreation Commiooion 9. Library Commmiooion I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT L y-WE K9NAI CITY COUNCIL REGULAR MEETING, MINUTES APRIL 16 1986, 7�1�0 PH KLNAI CIf9 HALL PRESIDENT PRO TENPORE TON ACKERLV PRESIDING Councilman Ackerly opened the meeting. NOTION1 Councilwoman Deille moved, ascended by Councilman Ilalltr to elect Councilmen Aokerly as President Pro Tempers (PP1) end requested nominations be closed. Notion peened by unanimnuo oonoent- A. ROLL CALL Prseantt Chria Nonfat, John Nice, Tom Aokerly, Sally Bailin, Jeon Nall Abeents Tom Wagoner, Roy Measles (excused) A-1 Agenda Approval a. PPT Ackarly asked that additional material distributed this date relating to item G-1 be Included In the packet. b. PPT Aokerly asked that item 0-4 -flick Baldwin, Chospie Auto Rental, Insurance - be deleted. o. PPT Aokerly asked that amendment to Item C-1 - Ord. 1122-96, Alarm Systems - distributed this data, be added to the agenda. d. Councilwoman Rallis coked that atom G-D - Community Cantor - be added to the agenda. NOTIONo Councilwoman Nonfat moved, seconded by Councilwoman Boilie, to approve the agenda so amended. Notion posoed by unanimoun consent. A-2 Consent Agenda NOT10N1 Counollwomon Nonfor moved, ooconded by Councilwoman Galilee to approve the Consent Agenda so submitted. Notion passed by unonimaun consent. �). PERSONS PRESENT SCHEDULED TO HE HEARD O-1 Jill Gurnett - Candlelight/Golf Course Easement Jill 0urnett, Box 1022, Kenai. Atty. Rogers has obtained a lit/potion repocto it did not show up any particular rlghto to the road, The City ordinances Nave not boon recorded, that would have shown this. She has presented affidavits that the reed has been in use for 600ee0 a/nos 1962 when it was ets opinion,tahe Massa legal.10 opinionnthattshe has Ito clelm Nod the City by proeoription because the rood has bee0 used by her for over 7 yeses. Prosorlptivo Basement is the lowl Article Be Section 16 of the Stets Constitution Ilsesaaidgsheohadti is of oaaeso downts. the(Noobitt Cos section Ian:! There IsnoRogers o0esaa down the section ellno, it in down a swomp. It le doultharris notroodsA wnCNil thatiline tolow herproperty adown eith0to "7 fD KENAI CITY COUNCIL APRIL 16, 1906 Page 2 Currently the road comes Juot to her property line, not through /t. Aoosvo was prented to her by ordinance. I/ it Is cloned► ahe needs to he provided with anothee road. Councilman Wioe noted there in aloe a power line running down the coed. Arty. Ragero eNplalned, he would not ob$act if Council wanted to grant an easement. They could provide an easement not port otod previously. Ilia memo discuss@* the ramificatlona. If Council wishes to build a road down the easement they may. The ordinance woo apeoific so to what they would do. Hro. Ournott avid Atty. Rngees' memo said the eoeomont won not perfected. If it wee not, it was because of negligence on the pert of the City. It le saeuaed ootiono will be done purouont to ordinance. The landowners ohould oat bo rsquirod to pay for that. Atty. Rogers replied it woo not Inoumbent on the City to perfect eees�aanto. The Nesbitt corert referred to by Nra. Ournett does not pertain to Muni 0ipalitieo or the State. He added, costs to the City to accommodate for a road ohould be revisited. Hre. Ournott mold ahe did not coo where landowner@ should be roopanelble for oetlono Poe /ollnw-up on legal proceedings that ohould be on obllnnotlon of It City. That was not put forth oo her rooponoil►llity, but the City would take care of it. Councilwoman Oaliie noid Atty. RCgsro' suggestion is to Check with Dick Morgan (golf course looeee) regarding relocating the rood. Where the Initial golf course endo, the City could put a rood through there. Nee. Burnett replied, oho had no problem with whersvor the road goes, only removal of the rood that io there. They cannot build becouoo of tl►e rood problem. Whatever to Convenient far the City to okay with her. Atty. Rogers noted 1t was ouggeeted that an aeon for egr000 through that wren be aotebllohed with Iota on either oldo to be 000eoee.:. This could bo looked into. He will check on a pooaible land swap. Councilwoman Mentor requested pureu Jog this with Mr. Morgan, Nro. Ournott and Adminlotretlen. She soked that a progress report he made at the Hoy 7 moetl►►g and a final report at the Noy 21 meeting. Council agreed to the requoot. 0-2 Resident of the Area - Thompson Pk. Problem (One -Stop Boys' Ltd) a. Von Philllpa, RON 737, Ken@i. He asked If Council had the fight to not inouo v building permit. Atta�rr. Roger@ replied, no. Mr. Philips anked, who done? Atty. Rogern replied, If the building inop@Ctor in voting an stated in the Code, Council would be out of their authority to stop him. Mr. Phillips said there is a tse station propooed there, the residents all have heir own water 6 newer, there asy be conteminstlon. Access 6 egreso would be a problem. There is also a problem in Thompson Pk. because of the small road. There would be police problems regarding liquor being sold. The residents have presented a plan to Pt12 but would not like to have It reviewed and then built anyhow. file contractor hen completed the pleas. They do not went that partioulat type of building to that iabulld►ng rticular peemlt lorsthis►. sAttyo Rogeeelnot to oeutionsd sue Council they may at came point be sitting as an appeal• board. It woulA be inspptopr/ate to give noes wsiyht to one side than the other. If the metlr►t will he addressed to Councils it ohould be all sides at one time. He asked Council not to entertain a full hosting at this dots# a b. Openoer OeVltPaek Pl., Kenai. !la stated he had evidence Council should hear. Atty. Rogeto said avidenoe would 69 given that Council does not have the KENAI CITY COUNCIL APRIL 111, 1906 Page ) authority to act on. Mr. DeVito amid they cannot act till they hear this. He in piggybacking on Mr. Phi ipe' statement. Council agreed to hear Mr. DoVito. 11r. DeVito continued. There ore ) Green of concern that will have o bearing on the request to atop the building permit. a) Landscape Reguletians. The regulotiono gay the general purpose is to enhance the City'o appearance, maintain or increase property values, and reduce orouion and otorm runo(f. That Is not happening. b) The raqueot for a public hearing mode by the Mayor on May 1, 1904 woo never done. c) He gave the City an eooemont. They cold it would not decroaoe the value and in not a right of way. This is a poor cocoon area, now the owner wants to use this for hie buoin000. That done not make sense. How could you uno on 0000mont for a right of way? It In part of Mr. DoVito'o property, it cannot be used for access. Something hoo to be done. They cannot put up a 24 hour package Store, g commercial otoro and o goo station in an area that door not warrant thlo. Councilman Wise cold the Londocape Ordinance hoo on appeal proceoo. Atty. Rogoro explained, it in In front of the Landscape 0d. now and will be reviewed 4-17. Councilman Wise added, till it to reviewed, Council cannot do anything. Me. DeVito acid, they went to Council, than to Landscape, than to the building Inspector. Are they Jeopardizing the owners by putting In something that will Ucvnlue the area? e. Dole Sondahl, Kunui. He (inked. if Council Oita n(i n board of odjuntment, who is It to? Atty. Ropers replied, to any oggrioved party. Mr. Sondahl noted he did not know about thin. Could tho reoidents of Thompoon Pk. be the aggrioved party? Answer - yea. Councilwoman Mentor added, if they have exhausted Administrative appool, they eon go to the courte. Atty. Rogoro noid he waild hove o legal opinion for the Lond000pe Ad. on 4-17. n-) Bill Word - Leone Mid -field Arco at Airport for Growing Hey Bill Word, Mlle 2, Echo Lake Rd. He contacted Airport Manager F.rnot regqarding using areea at the airport to raise hey forage for hio cattle ranch. It would be a good deal for the him and for the City. lie would use the arose along the runwgye end toxiwayo. e) It would keep the airport in FAA oomplionce regording Oita requirements on keeping growth down. b) It woo d toduns City maintenance costs. c) It would reduce wind erosion and resultant danger to the airport. d) It would beautify the airport with a cover atop. a) He would got forage for his animals. Nest of the soils are oond"aIva to growing. Title is utilized in airports Gtateoide and In Anchorspe. The FAA had one requirement regarding bird control, this would not Interfere with that. He hen reviewed oonslderstIons eeparding Insurance, airport regulations, eefetr, eta. Airport Manager Ernst reported he had no problems. Ile noted Enginner LaShot has said we are planning s to use the sludge from the sewer treatment plant to opres there. y help Mr. Word also. Hs would keep It from growing too high and would mow regularly none the runway lights. its would hove to do some eveling, Mr. Ernst wanted him to do At all tether then Just (spot work. Mr. Word in asking for a lootso teem laces with the stipulation that if we ewpmnd, it Nill be allowed. Atty. Rogers noted there may be FAA requirements that we go for RFP. In e � ,1 5 q �r . "n arm-o"r i KENA1 CITY COUNCIL APRIL 16, 1906 Paps 4 MOTIONo Councilwoman Nonfat moved, ascended by Councilwoman Bettis, that Administration work with Mr. Nerd. If there in something from FAA regarding an R?P, Administration do so - No further reporto to Council are oeceoeary. Motion panned by unanimouo canosnt- C. PUBLIC HEARINGS C-1 Ord. 1111-06 - Amending KMC - Alarm Syotomo MO1IONs Councilman Hall moved, unneeded by Councilwoman Monfort to adopt the ordinance. PUBLIC COMMENIt o. Police Chief Race. He hod much input. Alarm oyeteme properly inotallsd and maintained are on effective crime prevention m000uro. He did not want anything in the ordinance diocouraging uoe of these. That is"he recants for the amondmonto distributed this date. b. Richard Hultburg, KCHS. If there to a malfunction, does that conotituts o Talon alarm? Chief Roes replied, if there to a power out090, if cables are out by a contractor or if there Is equipment problem in the building, it is not counted. o. Rogue Morgan, Box 1911, Kenai. He represented the financial inotitutione !n Kenai. They had no problem with the ordinance omeept 12.30:020 (e)- They would have to remove their alarms from the police station. It to critical that they have feet rooponse time. They will have to go to o privote system, the only one in the area to in Soldotno. They would hove to cent a dedicated line from their astebllshmente in Kenai to Soldotno. They cannot one the telephone because they one a dialer eyetem. If the lines were out it would Out the alarm, a micro line would sutometically trigger the alarm If the power source was out. The cost of this would be S900 to $1,000. Then they would have to rent a dedicated lino plus paying Soldotno services. There would be $190 increee0 in costs. It would be a longer rsoponse time. Most robberies lost 60 seconds, the monitoring eyatom would have to cell the police. Me requested the amendment distributed this date be added to the ordinance. Councilman Wise ob noted to the amendment. He had worked In o community that had 60 different devices recording alarms. They hod no way of knowing which one they were serving. When you have multi-agencleaI yyou piece & r••ponaibility on the paline dept. thet is not fair. The &lore myst•m loss ?rsochlsed they had one box and they hod to go through the franchise@ for connecting. He suggested ens suthorised person servicing the aYstam for polies and fire. Chief Ross explained, about 0 years ago the dept. advised the fln•nalel institutions they could only use the two service systome we now have. They have had no problems. He hoe reviewed the amendments with the financial institutions, they agree with those , used in other cities. Councilwoman Bailie go noted adding the word "systems" gry &?tor "Direct Connect Alarms" In line one, to the proposed amendment to 12-20.020 (e). Council agreed to the suggestion. E• KENAI CITV COUNCIL APRIL 16, 1906 Page 3 d. Architect Carmen Ointoll, 117 Osopwood Ct., Kenai. He noted only financial institutions can hook up to the police dept. Is that discriminatory? Atty. Rogers replied, yea it was but he did nut kr�ue if it was illegal. Police Chief Rose explained, it is discriminatory, but it is consistent with other communities. That to why he left it out of the ordinance. It ohould be o Council deotolon. He added, they projoct 300 folne alarms this year, that Is two mon-montho. Councilman Ackerly ankod, what gets moot of the alarme7 Chief Roo replied, there is no one particular group. 70% of the oyoteme would have no foloo alarm food. MOTION, Amondmonts Councilwoman Monfor movod, ncaondod by Councilwoman Ocilla, to amend ooction 12.30.020 (a) - no amended, 1200.040 (a), and 12.30.040 (d) no otatod in memo distributed thin date. VOTE, Amendmont (Ponood)e Veo, Monfor, Aekorly, Bailin, Hall Not Nino VOTE, Main Motion no Amondod (Ponood)i Vest Monfor, Aekorly, Boiling Hall Not Nino C-2 Roo. 06-30 - Oppooing Entoblinhing or Aooeoolog of Higher Royalty Goo Pricoo to Stott) MOTIONe Councilwoman Monfor moved, ncaondod by Councilmen Hall, to adopt the reoolution. Thorn woo no public comment. Councilman Wine oug?ootod the !itoto House/Sonote billa should be reforrod Et). MOTION, Tabloi Councilmen Nine moved to table the reoolution. Motion foiled for leak of o second. VOTE (P000ed)i Vest Nonfat# Ackerly, Ocilla, Hall Noe Nice C-3 Roo. 06-31 - Awarding Old - S. Strawberry Rd., sto- - Ooyle Conot. - Conotruction MOTIONt Councilman Nine moved, seconded by Councilwoman Monfor, to adopt the resolution. there was no public comment. Notion passed by unenlmoue consent. C-4 Roe. 06-32 - Awarding Did - S. Spruce - Ooylo COnat- - Construction ;'*M 1 I i jam F KENAI CITY COUNCIL APRI6 16, 1906 PQQe 6 MOTIONI Councilman Mine moved, oeoonded by Councilwoman Monfort to adopt the resolution. Councilman Mice confirmed the bell field parking lot would not be paved. Motion peened by unsnlmauo conoont. NOTEI Council adjunted the order of the next four resolutions' C-60 C-9, C-0, C-7. C-6 Ron. 06-14 - Awarding Project Management - S. Strewborry, ate. - OcoonToch/ASCE MOTIONi Councilmen Hall moved, nocondod by Councilwomen Non/or, to S adopt the r000lutlon. E There wee no public comment. Engineer 6aShot reviewed the propoeal. He did not believe It woo slwoyo beat to 011000e by coot. Nike Teurlalnen's bid woo lower then OcesnTooh but he hen no Insurance. It may be unfair to delete that If the City awarded without it. He explained the wide variety In quotes - Management to trying to 2nd queen the contreoterot that Is not easy. Ne felt the t-in •I'mo with the lowest prince were puohing it. — Notion panned unenlmouoly by roll call vote. " C-3 Rea. 06-3) - Trsnsf. of Fundo - 0. Strowbarry Rd., etc. • = Inspection - $2,035 NOTIONi - Councilman M10e moved, oeoonded by Councilwomen Monfort to adopt the ronolution- ihote wee no public comment. Notion penned by unenlmoue consent. C-0 Ron. 06-)9 - Award Project Management - S- Spruce - Ocennloch/ASCE A.. MOTIONI ^,= Councilwoman Nonfat moved, seconded by Councilwoman Osllis, to adopt the resolution- thete wee no public comment - Motion passed by unenlmoue consent. C-7 Rao. 06-)6 - Trenef. of Fends - Inspection • 9- 0pfucs - $10,669 NOTION1 Councilwoman Monfor moved, ascooded by Counoilwoman 0611ie, to adopt the resolution - There "so no public comment. Motion passed by unah/4008 000ee1it- "I F KENAI Cl/y COUNCIL APRIL 16, 1906 page 7 D. MINUTES 0.1 Regular Meeting, April 2, 1966 Approved by Coneent Agenda. E. CORRESPONDENCE E-1 Mr. A Mfg. Mescook, Kenai - Kenai, All America City Approved by Conoont Aqonda. f. OLD OOSINESS None 0. NEW ROSINESS 0-1 Dille to be Paid, Dille to be Ratified MOTION, Councilman Hall moved, oocondod by Councilwoman Monfor, to approve the billo an oubmittod. Motion pn000d by unanimouo consent. 0-2 Requialtiono Exceeding :1,000 140TIONO Councilwoman Monfor moved, oeconded by Councilman Mall. to approve the cuqulaitlono an oubmItLeu. Motion p0000d by unanimouo consent. Councilman Niue naked what happened to the prison work at the greenhouoo9 Councilwo:•:N Osilie explained, at thin time the prison io not looking at their greenhouse en an induotry. They are growing came flowers for the City, but they will only augment the supply. 0-7 Ord. 1124-06 - Increso. Rev/Appno - Airport Tledowno 6 Taxiway - $50,000 Approved by Conoont Agenda. 0-4 Approval o/ Contract Amendment Ilcoaniocht a. S. StrawbarrY Rd., etc. - $767 b. S. Spruce - 51,660 MOTIONI Councilmen wise moved, ascended by Councilwomen Monfor that the contract with Oceentech be amended to identity as listed In the packet. Motion panned by unanimous consent. 0-9 Die@. . Ssle of Property - Olackgold Estates MOTlDN1 Couno/lwoman Osille moved, seconded by Councilman Mall, to ienu: a quit claim deed to Penoramlo, Inc. as stated in the packet Ilmletial. Atty. Ropers explained, there ats others In the same situation. Most of those have not been paid Ott. Ma asked tog psrmlasion to amend to treat all the Others the aass- - - It ---_---- �'--'----t��" _ '- _yam-- i U F NKNAI CITY COUNCIL APRIL 16, 1906 Page 6 040110N, Aaandaant► Councilwoman Beille moved, oeconded by Councilman Rall, to amend the motion to treat all the othero the same. VOTE, Motion bu amended► Nation panned by unanimous conoent- 0-6 Blue. - Amending KML•i a. Site Plan Ord. b. Zero Lot Line/Townhouoo Ord. e. Old Town 06vol. Ord. Atty. Rogoro acid he would hove theoo Items in ordinance form for introduction. Uo ouggeeted n work oeasion between Introduction of the ordinencea and public h-eac!-,ta. Councilwoman Boilio ooked to have the site plan ordinance reoubmittod to Council for review. Councilmen Mall roqueotod review of Item 4(i), Sera lot line developments do not olwayo have homoownoro' anoociotions. Ue aloe asked for o review of Uorisontal Property Regimes Act. 0-7 Dloo. - Landocoping - Airport Way Triangle Councilwoman Osilio reported ohe met with Architect Ointoli and the Londocope Rd. They propooed o plan that will break down the coot to S49,000- Now they feel they can make It even l000. Don Pitts will donate top soil from the hotel he to building. if the Cityy could move and spread, it will ,,,,.,, „a Sr,,QQO. n'. will have exterior 0ribbinq only. If they could purchase 6he eribbit,g they would liwo to got volunteer help. Architect 0intoli reviewed the plan. He said a euggsetlon wee to eliminate the terrsci►►g but it would be more maintononco. Councilwoman Belli@ said if they could appropriate $0,000 to S10,000 to purchase the cribbingp, it would he 9,)00 lineal feet purchased on the peninsula, $10,000 to acquire a pro►easionel for surveying and contour. Susanne Little has offered to Come in neht year to help. They would plant wild floworo. En®®Ineer LaShot noted the I ndocaping could be bid oap rately. Council agreed to the prop00e1- 0-0 Community Center Councilwoman Rollie reported the Committee had a notating 4.14. The City could hold a special election in 60 days - She asked Clerk Whelan to start pre-cleaeanc@- She asked Architect 0lntoli to pcepeee a moat estimate up -grade. There is money available In the oontroot fund that could be transferred. She asked Council for sppreval to allow the committee to got an idea of brochure costs. Atty. Rogers added he is getting a legal opinion on a bed tax. Ne will report at the Nay 7 meeting. Councilwoman Belli@ explained we will have to decide the amount of bonding we went. She asked if the committee non go ahead with the price of brochures. PPT Aokerly cap led, price only. NOTION► Councilwoman Dellis moved, seconded by Counctlweme►► Monfoe, to direct Administration to emend the contract for on eppepristo amount of moneys in coot estimate phase of the oentroaot, a not -to -exceed figure of $3,000. Notion passed by unanimous consent. KENAI CITY COUNCIL APRIL 16, 1906 Page 9 M. REPORTS H-1 City Manager Acting City Manager Drown spoke. a. He diutrlbuted oopleo of the ppropooed budget and requented work eeoolono be ooheduled. Council agreed to work 0000lono on April 29 and April 30 et 7100 PM. b. He coked that Airport Manager Ernot give a report regarding FAA and State funding of the airport. Airport Manager Ernst cold he received a letter from the State. The $044,000 left over funds were recommended to not be moved to the float plane breln. The Governor and the Legioloture hove requested this. the State atilt recommended to not move the funds. the chances of oeeing this are olim if it to moved. He recommended re -wording Exhibit A to Include thin project. We could oalvage If the move wile possible. We would hove $500,000 left for another project oe toy •t n later data. The float plane basin appeere to be et the 1907 conotruction aeoeon. We would have ) years to diep000 of the =9o0,000. Finance Oireator Brown explained! if we do not tic up FAA 1904 soney by Sept. 30 we will lose it. Councilman Mioe requested sending a notice to all thoon listed on the State letter of April 7 ntotlnq that a) Lake Hood 1e unsafe b) this eroo hoo no 0070 (loot plano facility, e) this has nlwoyo been port of the Master Plan for excons material to go there. He asked copies be sent to the legislative delegation. Mr. Ernst said Mr. Brown hes opoken to Murph O'Brien (FAA). They did not went to get Into the buolneoe of buildln• fleet plans basin. Gut we have approved this and AlFA has this as 01 on the priority lint. Mr. Drown requested a) a motion from Council to direct Administration pet the State grant amended for GAA one, b) initiate FAA grant to use 1904 money for the name purpose. He suggested, since we are Pot not to amend and direct thin, we postpone the protect till title is done. Councilman Vise asked that one be a week prior to the Other - NOT IONo Councilmen Hall moved, seconded by Councilwoman Monfort to direct Adminlotration to get the State grant amended for GAA use and initiate an FAA grant to use 1904 money for the asme purpose. Ono week oiler, Bends strong toiler to 001 and •ddraeoee listed on tho State letter of April 7 rsgi Lake Mend oefety, no safe float plane facility in tl and the float plane faollity hoo always been part 01 Master Plan for exooee materiel. Motion peened by unanimous oonoent. finance Director Brown requented the letter to Out reviewed by City Manager Brighton before sending. Council agreed to the request. H-d Attorney Atty. Rogera Mc; qr None Q, ` A KtNAI CITY COUNCIL APRIL 16, 1906 Page 10 . 14-4 City Clerk from Clerk sa in son pocketWhalen regardingethehCltygueot Innovatlonscuncilmen Conferenceiin Antonio. Council approved the requeot. H-9 finance Director finance Director Drown noted the April 10 110tter from Shearson Lohman Brothoro regarding advanced refunding of 00 bondo. Council agreed to the requent. ' H-6 Planning 6 toning None H-7 Harbor Commloolon None H-0 Recreation Commloolon None 11-9 Library Commloolon Librarian Deforest reminded Council of the dedication of the t new addition on April 27. •i l . MRSONS PRESM yelltuul Kn TO OF I1LAfiU ` a. Senior Citizen Coordinator Porter. She distributed • Councilmen Miss report on the Senior Citizen program. asked her if she know anything about possible cutting w of oenlor Citizen oervlCee. Mrs. Porter replied she } was told to prepare for no mote then 10%. Some areas have fat budgetp theyy will !ry to move funds. most a of the money le radarsl9 there will be • 4.Bx cut in that. b. Councilwoman Oallis reported ohe has resigned from the W1ldwood Advisory Based slid would like to see a representative from Council an the Board. Councilwoman OGilfe asked Admin. Asst. 0erstleuee it a. they had to Got on ltea Info 0 (land teen for Holt lied she will y, eodene buffos rtr/p). Nee. 0eestl•usr to time Boon. Ceunollwomen OEM asked it need 1! some the old dump would do. Nee. Qeestlaure repplied, any site that wee not acquired by federal grGnt. d. Councilwoman Bailie complimented PPT Aokerly on the job he did this data. s. PPT Aokerly sold he his teosivsd mots CCmpplainla an AIfeNt etc. coed pto,sot. to there somethin ws Can i do? Cnginent LeDhot replied they expected it to be i t I onoyogebrwll rfiethis CucimanMnroenotd StraweryNO. toeeible. A0300IINNP.N1 Meeting adjourned9T40 PH. Janet Whelan City Cloth i w I MARCUS C. DEEDE, M.O. PWlnsuto Medk:ot Guth► 265 elnkley Street Soklotno. Atolko W660 Telephone; (0071262.9344 c����,1i April 10,1986 el �sPei# Patricia Osborne Peninsula Home Health Care Inc. 245 Blnkley Soldotne, Alaska 99669 Door Pat: I am writing in reply to your letter of 3-31-86. As you know I vigorously support Home Health Care and find it to be an invaluable service to .� patients of all ages requiring the lower,cost and more personal touch of care in the home. I have been vigorously satisfied with the growth of FHHC into new areas of care provision during the taut year. 1 also find it _ very encouraging that you have been able to expand your base of service j - provision to meet the community needs. I hope the communities of the entire Peninsula realize the service that - PHHC is providing. " S ncerely, F' -: M.C. Deede, M.D. mm jp �.cc: Soldotna City Council r' Seward City Council Kenai City Council l Homer City Council Q c _ _ 4 RIFT. OF CO.MMVN/TY A REGIONAL AFFAIRS OFFICE OF THE COMMISSIONER April 7, 1906 CERTIFIED/RETURN RECEIPT REQUESTED M❑ 101 ?I•pTUI Alll SHEFFIELD, GOVERNOR O POUCH JUNEA14 ALASKA 0290 PHONE, (QO7/ 4654 O 13 8/8 E. SOTH AVENUE, SUM 40O ANCHORAGE, ALASKA WX8 PHONE. (M) 59•1013 �.%Z '%33 9rv� U J w', I The Honorable Tom Wagoner Mayor of Kenai 210 Fidalgo "�,,,,• Kenai, AK 99611 Dear Mayor Wagoner: RE: FY 86 STATE REVENUE SHARING PROGRAM - FINAL PAYMENT Enclosed is your municipality's FY 86 final entitlement payment under the State Revenue Sharing Program. This letter includes a breakdown of how your municipality's final entitlement was determined, along with an explanation of the restrictions placed on the use of revenue sharing funds by State law. FY 66 Entitlement Summary Your entitlement summary is as follows: Total Entitlement 613,616 Less Prepayment 1359,205 FINAL PAYMENT 25 ,511 A detailed breakdown of how your municipality's entitlement payment was determined from the Miscellaneous Services Account, and where applicable, also from the Municipal Tax Resource Equalization Account are enclosed. These should be provided to the municipality's finance officer for monitoring compliance with the limitations placed on the use of these funds by State law. Generally, except as noted below, state revenue sharing funds may be spent at the municipality's discretion for any public facility or service for which the municipality has the power to expend public funds, as to by AS 29.35 and local ordinance. You should, however, o aware of the provieiuna of 19 A.A.C. 30 which may, in some cases, establish further restrictions. .j, Q I ,. 1 y > ,a is - i ' n � h 1 I i F The Honorable Tom Wagoner April 7, 1966 Page Two Restrictions On The Use of Funds SERVICE AREAS - An equalization entitlement generated by the tax levy of a taxing unit may be used only for authorized expenditures of that taxing unit. However, please note that no more than 15 percent of the area -wide equalization entitlomenf. may be used for non-areawide services. ROAD MAINTENANCE - By the end of this fiscal year, you mue•t spend at least 20 percent of the funds received for the Road Maintenance Category on that service to domonatrate that a minimum level of service was provided. The remaining 60 percent of funds for roads may be used for other municipal services and facilities. HEALTH FACILITIES - By the end of this fiscal year, you must spend at least 20 percent of the funds it receives for health facilities on the operation and maintenance of health facilities. The remaining 60. percent of funds for health facilities must be dedicated for health facilities at a later date. HOSPITALS - All funds provided to local hospitals must be promptly tranaterred to the hospital, By the end of thia fiscal year, the hospital must spend at least 20 percent of the funds it receives on hospital operation and maintenance. The remaining 60 percent of funds may be spent only on hospitals at a later date. If your revenue sharing funds are spent improperly, the Department will either reduce your entitlement next year or demand the return of the money paid. Questions should be directed to Bill Rolfzon, State Revenue Sharing Program• at 465-4733. Thank you. Sincerely, e "Em 1 Notti Commissioner Enclosureas Pinal Run Statistics Report Tax Equalization Entitlement Breakdown State of Alanka Warrant cc: Jim Sanders, MRAD, Anchorage • C.4 rtAl 9� o1 f) r, r - r - tr 1 if .. _ JL >} M o e7 ^ a v st^ a G A '" 40 i r w r N r r 6" " o oN n N•A %Dz ar.•.0r O a 0 4 roo A r o n G Of,l O M r vN N r� s MMCc a I'll 0 N w M N // in a ti i IR f N M r r m N dN R' frfl fail � i N ?. _ rf N N m M p IK N C aV• z O JR N m cJ IA p Z Off fL cJ PC a ri fo c+ at 00 fw '° fa us o : r�if %A �1 m fa O '�' •S 10A r A O t? O 0 AO 2• C 1f1 i• N a N -1 1D O O Iff O p nl O in All q 0 O v N A A t N 1^f1 b in Illx JD 3 7Y A r N O f0 r► 7f r •n r N M Z MC MR fri • • L[ Jt O O +� O f0/1 Ob p• «+m Cot N P 0 0 � x Q p i�+7«> N A 9 F• i% >� IK v • r • .Vi •O► Z r V ! O O •& O V � � ca CD #w m e f=fl N ! V ! 0, Ip 3E Z % % Z ; } -4 • • v C 0 rl N ± m In O► P >K N .6 W -1 O O fp O 1NA M Y` �` r1 f r W N f n1 ♦ f)J ♦ A iA i /A -1 c r v v 40 N r M A O a A O A A A O 0 Ul A P -f 2 ..� C ., w r r .. >Kat m >• -� Js fll � .. .. H 10 JD fn I N •r IK se O 11 2 O O 7D �+ "� 10 O b 30 Zi=n O O �• M - w NZ N n '7 ' ^ -4 O � ►9i � >d Nf -1 s 10 p G -4 C m NO f� N 7J a � H r0 VA b ~�j Aa P N• 11 11 n O O so Ow w e .4 to Ja z r i 0 Aff" 1. -1 a M O 11 11 V 9 O O H♦ N to O b � T.0 O A O O 310 � b O G Z NJ , Cin V in v r" c a c a .roiw 7 3 C Y N C C +� fa N1 � O P fD O � fV � 4111 M ♦ ♦ T N W w N M N N N a p {il P 47 p t� O am L C> err r V C) BiLL SHEFFiELD. GOVERNOR DLPARTDIENT OF NATURAL RESOURCES DIVISION OF LAND AND WATER NANAGENENT 555COADOVA STnaeT ANoHoa ae, ALASKA MIO-1005 April 4, 1986 PHONE (007)210•P553 •��3m• 1 a`T�S Tom Wagoner. Mayor City of Kenai 210 Fidalgo Kenai. Alaska 99611 RE: CIRI Pool Nomination Dear Mayor Wagoner: Pursuant to Public Law 94-204 and Section I.C. (2) of the "Terns and Conditions for Land Consolidation and Management in the Cook Inlet Area", the Bureau of Land Management (BLM) has identified certain federal land within the boundaries �-� of Cook Inlet Region, Inc. (CIRI) being considered for inclusion into the CIRI selection cool (SAP Att achmoit,). The CIRI pool n-.0n 0 inn is described below: ec. exc I iidi ng a tract of 1 an approximately 12.1 acres) identified by metes and bounds. cntaining 468 acres, more or less (see attached BLM letter dated March 260 1986 and site map). Under federal law, the State of Alaska through its Department of Natural Resources (DNR) is obligated to review CIRI pool nominations and make a recommendation (to BLM) whether private (CIRI) ownership of the land (or a portion thereof) would be incompatible with reasonable land management principles. Additionally, DNR's recommendation shall describe any public easement(s), rights -of -way, special use reservations, etc* to be included for the land. Based on provisions of the "Terms and Conditions•.." and information provided by interested state agencies and local governments, the state concurs with or objects to the inclusion of certain land into the CIRI selection pool. If the state objects to the inclusion of certain land into the CIRI selection pool the land will be conveyed to the state. Thus, your review and cmnents are re uestod. The Land Management Section is currently reviewing the above described CIRI pool nomination• Forward a written response to Dennis Daigper (Attn: Special Projects) expressin it concurrence or objection to this proposed action later It Maur-,22 98d. The response ghoul include: Will. / • � w CIRI pool Nomination April 4. 1986 Page 2'"' a) Identification of a specific public purpose which wou;d justify conveyance of the land, or a portion thereof, to the state (if an objection is raised)= b) An identification of existing or future land management considerations (e.ge easements, special use reservations. etc.). Your assistance is appreciated. Sincerely, Gary Gustafson. Chief k"" Land Management . fE Attachment a ! cc: Ton Hawkins, Director, OLWM r = , 0 1. •ft''i ... IMNK W. MNRKOWKKI euw i, pAWtO EMON C01rN/1NONIWAV* e ONFALweawcn MAIMS IMICOMWMI COMM eN NItuNDIRe E-y rep a Pau, M I U OSM Osamu�on.lt rrwne GaOM te, AvowWAs"INGTON. OC 20510 - : " u� nra "" eer April 8, 1986 onft NAM ON Off ti • '' Mon.w�eb 60 ` U� f4, ,), I Dear Fellow Alaekan �d��FL', ti zLtiV �2 ti2 Earlier thie year, I had the unpleasant task o oiling two of my staff members that their poeitiono wore '-A ng abolished duo to reductions in my staff budget. I also imposed severe restrictiono on office operating expenoos for the root of my staff and mysolf. These actions were neoeooary under the Gramm-Rudman-itollingo Deficit Reduction Aot, which I cosponeored laot year. These spending auto were painful but eseontial. Although the operation of the U.Be Senate, including salaries and operating expensos for all t00 offices, reprooento a miniecule fraction of annual federal upending, I realize all areao of spending must be conaidorod for reductions if we are -To —succeed in balancing the budget. Reducing our national deficit by curtailing federal spending remaine my top priority in the 8onate..eand according to the mail I receive from homo, We the priority of Alaekane ae well. I'm sure you're familiar with the alarming figures: -- a $2 trillion aocumulatan notional debt, growing at an annual rate of $200 billion. -- which costs us# in interest alone, about 26 cents out of every dollar collected from individual income taxeoe The tax dollars that go to pay the interest on our debt do not build highways, help the noody or provide for the national dot'onee. Unless we act to reduce thie inoreaeing debt, it will be just a matter of docades before American taxpayers won't be ablo to pay even the annual interest duo. Clearly, we can't continue ao we have in the past. Some peoplo suggest we ehould reduce our deficit and debt by raining more taxes. I might agree if I knew that the inoronoed revenue would be applied opecifically to the debt. But, raioing more money for the federal government inevitably moans more money will be opent -- and .the hard dectelono of where to trim federal spending will never be made. Some very difficult choioee have to be made and, without question, fairness muot be the key factor in making those choicoo. From my poropoctive, fairn000 diotatoo that Amoricano who have paid into 800ial Security, Civil 9ervico, military or other federal retirement programs should not have to worry about their baolo benetita peing out. At the oamo time, it in unfair to expect a future generation of Amerioano to inherit an uneolvablo debt problem that thin generation negleoto. Likewtoep a futures generation ohould not be faced with threats to national oeourity because we fail to provide for adequate defense investments now. • �1 s_ _ April 89 1986 Page 2 Being fair la utmoot in my mind as we work thlo 90001on to implement the first year deficit reduction© under the new law, which merino that I don't necoaaarily intend to accept all of the upending auto that are being prop000d. For Inotancog the Department of Agriculture wanto to eliminate our Forestry Lab in Interior Alaaka, while at the name time keeping labs in Idaho and other otateo funded at their current lovel. Aloo, the BIA rc budget cent to Congress )pooeo an inordinate amount of opending wouldreductiono that wouldfoot only Alaaka, while Indian programo in the Lower 48 otatoo would be Joao adveraely impacted There are other propoaalo like there that I don't oonolder fair. be eingled out -- 00 If federal spending ie to be out, Alaaka should not you can be oure that I'll be working with Ted Stevene and Don Young to coo that d000n't happen. I mentioned that there appears to bo virtually unanimous oupport from Alaakane for cutting federal opending...but I have to add that moot ti of thooe writing me aloo identify a particular program that they don't want out. Many Alaakano have written including the Governor, mayoro# eduoatora, Laain=mer, vAtAranot memboro of tho Native community, and Civil Service retireeat juat to name afew -- aoxing me to make sure t that no federal monies are out from a program or programo important o them. Everyone OeGIAG to be in agreemont that federal opending muot be 41 reduced __ juat ao long ao it ion't reduced for their programo. I pay close attention to th000 lettera beoauoo I find them helpful In determining which fodoral programo are important to Alaokana. But I i cannot promloo you that we are going to be able to protoot every federal program that 10 available in Alaaka -- nor should we. The paring back V, of federal opending requires oomo uaorificou from all Of U09 and the proaaaa won't be painl000. However, I will continue to look to Alaakano for their ouggeotionoI 'undorotanding and oupport ao we work to make th000 diffloult dociatono and olimina to the opending deficit that i;T M, j-, :-a threatens the future of our nation. : A_ We owe our boat offorto to ouraelvou and to the gonorationo of Americana that follow uo. Sincorelyt 001 Prank Ile Nut owaki Unitod statoo Sonator lir A� .., DEVARTDIUNT OF 111ATURAL 68U90UltUU9 DIWt10N Of OIL AND OAt April 140 1986 POUCN 1416 ANCNONAOl, ALASKA M10 Notice a qAy �1 Request for Nswinstlons cy .of Oil and Kiss leasing Areas for 1991 4 cnC�B�'LZOZr� �/ The Alaska Department of Natural Resources is requesting your proppose s for Jesse sale areas to be considered for addition to the State Five-year Oil and Gas leasing Program for the year 1991. All comments will be considered when the department decides which areas will be proposed for leasing in 1991. That decision will be made later this year. A new Five -hear Oil and Gas leasing Program that provides information about the oil and gas lease sales proposed to be conducted in the five-year period from 1987 through 1991 will be available in January 1987. Contidenti_a_Wl: Under AS 38.05.036(a)(9)(A) the director of the Division of Oil anus snail, upon the request of the person supplying the inforwation. keep confidential the name of the nominating person. if requested$ the division will keep confidential the name of the company on whose behalf a nomination is made. Deadline for Responses: Proposals should be submitted to the Director. v s ans. P.O. Box 70340 Anchorage, Alaska 99610-7034g no later than 166 98� ,Lrilsti Kay Brown Director S 0670b --a I �� I F• i I <� L� e ) d I( L F . pp � �y n IC tp7. • iS is 1�i P Y �= ti P 4 p �ryf � Q s l• 4 •. t) , 5 y ERR A (p,�, �O p ►� r W N A SD 8�8 8 g Li 8 8 6 �8 4 m It! 0 N 1.� P R 777HHHiii � � �i v p K {hnyG� M m lu 8 8 88 88 88 88 F Q PURCHASR ORDER _ G-� CITYOF KENIAI HIS PYIICNASIM rNA •vENDDR AR ON 210 FIDALQO ST. PHONE 2A3.7646 AttIP A015ANo► ►ENROD • ACCOUNTING R(LAT NO O SPURIS RY • ACCOUNTING KENAI. ALASKA 99811 CHI.SHIPPING6RECEIV::1 • APPROVED COPYREQUISITIONER %us, "'" VENDOR NO. r The Penineule Clarion TO L J • SHIP VIAL Fos 1WibW1 BY �� PREPAY SHIPPING • CHARGE —_m PURCNASfS AUTHORIZED ONLY WHEN SIGNED MOVE GY SEPARATE ON INVOICE I THE FINANCE OIRECTOROR HIS AUTHORIZED AGENT TTIMFW. DESCRIPTIONORAMICLI UNIT UNITPINX AMOUNT Publish Three Notice of Default and Sale 1 Documente - Edwin R. Lowry $69.46 per run x 3 0 357.84 x 4 times a 1 19073.52 TOTAL 19073.52 01.41200.4534 1907) r..; L 0 X G. - 3 Suggootod by$ Planning A Zoning Commiooion CITY OF KENAI ORDINANCE NO. 1127-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOT 6, BLOCK 20 AND LOT 1, BLOCK 1, SPRUCEWOOD GLEN SUBDIVISION FROM URBAN RESIDENTIAL (RU) DISTRICT TO GENERAL COMMERCIAL (CG) DISTRICT AND REQUESTING THE KENAI PENINSULA BOROUGH TO AMEND THE LAND USE PLAN. WHEREAS, KMC 14.20.270 ootablishee a procedure to emend the Official Zoning Mop of the City of Konoi; and, WHEREAS, reaoning petition hoe been received by Edwin R. Lowry, bearing the signatures of a majority of the property owners within the designated area to rezone the referenced Lando (per Exhibit "A") from Urban Residential (RU) to General Commercial (CC) District; and, WHEREAS, the Kenai Advisory Planning & Zoning Commission has conducted the required public hearing on April 23, 1966; end, WHEREAS, the Planning A Zoning Commission recommends approval of the amendment to the Official Zoning Mop to Coneral Commercial (Cu) District and reuuomdtidn the Kenai Peninsula Borough emend the Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, so follows) Section It Subject property conoieting of those lands depic ed n xhibit "A" are hereby rezoned to General Commercial (CC) District. PASSED 8V THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21at day of Nay, 1986. ATTEST Janet en; ClEy C-ler� 4/28/06 wvk._ .. , First Reodingi May 7, 1966 Second Readings May 219 1906 Effective Dotes June 21, 1986 it ;.'A. t• � - - ,y CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ A RESOLUTION OF THE PLANNING 6 ZONING COMMISSION OF THE CITY KEN COMMENDING PPROVA (DENIA!) OF THE REQUESTED AND PLAN AMf. D BY er'W Z;1 -- ,(Appli;ontY J-Fl��L',�srWZ WHEREAS, the Commission finds the followings I. The subject property is currently zoned J�f ll�.Lrt�g4- Z. The present lend use plan desAgr-ftion of the subject property is 3. The proposed ONING DISTRIC AND USE PLAN OESIGNATI for the effected proper ff 4. An appropriate publ4c hearing as required hoe been conducted by the Commission on __ 41 a3 S. That the following additional facts have boon found to exiott ,du ad�� NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Comission of the City of Kenai that the petitioned (REZONING) (LAND USE PLAN AMENDMENT) is hereby (RECOMIENDED) (NOT RECONNENDED) to the Kenai City Council. PASSED by the Advisory Plan ng 6 Toning Commiooion of the City of Ken Alaska, this qW',� day of 19 Rhim r m a n ATTES onn ng e e ary eie i 1 �I j r �.. CITY OF KENAI " Old Capdd o f 4"" ltorw��t�ao KtN 110AL411KA mNst _._� te�irssossanaai•»ms �IriM�i% -- MEMORANDUM TO$ Kenai City Council FROM: Janet Loper, Planning Specialist SUBJECTS Rezones Lot 6, Blk 2 8 Lot 1, Blk 1, Sprucewood Glen S/D 02 - to General Commercial - E.L. Lowry DATES April 19, 1986 BACKGROUND Applicants Locations Existing Zonings Proposed Zonings Existing Land Use Plans Proposed Lend Use Plans SCUSSIGN Edwin R. Lowry 10919 Spur Hwy Suite 129 Kensi, AK 996611 The south and of Sprucewood Glen S/D on Tern Ave. (Exhibit A) Urban Residential General Commercial Medium Density Residential Commercial Mr. Lowry has submitted a petition to rezone properties currently designated by the Land Use Plan as medium density residential to a general commercial district to accomodate the construction of a health club on one of the two lots proposed for reaoning. Theas two lots directly abut a group of 4-plexes on both sides of Sprucewood Rd. L La i � t REZONES Sprucewood Glen 02 Page 2 ANALYSIS Upon researching files of rezoningo on Sprucewood Glen S/D it is found that on September 26, 1984, a public hearing wee held concerning the rezoning of Tract F-1, Sprucewood Glen 02, directly adjacent and originally a part of the overall tract intended for medium density residential development. Many persons spoke on the subject including Mayor Wagoner. Public sentiment at the time appeared to be against any further rezoninge in the area. Mr. Lowry was asked prior to this meeting to prepare a detailed site plan of his mall. This site plan was approved in conjunction with the rezoning of that parcel. The late requested for rezoning are currently residential in use and are surrounded on three aides by General Commercial (CG) and on the south side by Suburban Residential (RS). The granting of the rezoning to CG would be contiguous on two aides, however, would oleo effectively enclose the UR parcel and create a spot zone. The Land Use Plan currently in effect designates that area ae medium density residential, the Plan being updated speaks to preserving residential neighborhoods. The current zoning code dnee not clearly establish buffers for residential and commercial properties which abut as it doca for industrial uses. The proposed health club would be on one of these two lots directly adjacent to a 4-plex. There is no indication of the planned development for the remaining lot. 7 RECOMMENDATION The Planning 6 Zoning Commission hoo recommended approval of the rezoning request. . . _-- A-..- - . r) REZONES Sprucewood Glen 02 Page 2 ANALYSIS Upon researching files of rezoningo on Sprucewood Glen S/D it is found that on September 26, 1984, a public hearing wee held concerning the rezoning of Tract F-1, Sprucewood Glen 02, directly adjacent and originally a part of the overall tract intended for medium density residential development. Many persons spoke on the subject including Mayor Wagoner. Public sentiment at the time appeared to be against any further rezoninge in the area. Mr. Lowry was asked prior to this meeting to prepare a detailed site plan of his mall. This site plan was approved in conjunction with the rezoning of that parcel. The late requested for rezoning are currently residential in use and are surrounded on three aides by General Commercial (CG) and on the south side by Suburban Residential (RS). The granting of the rezoning to CG would be contiguous on two aides, however, would oleo effectively enclose the UR parcel and create a spot zone. The Land Use Plan currently in effect designates that area ae medium density residential, the Plan being updated speaks to preserving residential neighborhoods. The current zoning code dnee not clearly establish buffers for residential and commercial properties which abut as it doca for industrial uses. The proposed health club would be on one of these two lots directly adjacent to a 4-plex. There is no indication of the planned development for the remaining lot. 7 RECOMMENDATION The Planning 6 Zoning Commission hoo recommended approval of the rezoning request. . . _-- A-..- - . r) o, a o� ,U V 10 Vif A V II II tl5 I l I I i ,I f I I 11 n . y 1 �j I h> � I ' 1 L I I i I I 0 /. a i Suggested bys Planning 8 Zoning Commission CITY OF KENAI ORDINANCE NO. 1128-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOTS 1-4A, BLOCK 3, THOMPSON PARK S/D AND LOT 1, BLOCK 9, VALHALLA 5/0 TO SUBURBAN RESIDENTIAL (RS) DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Hop of the City of Kenai, and WHEREAS, a rezoning petition hoe been received from Shiele Phillips bearing the signatures of a majority of the property owners within the designated area to rezone the referenced lands (per Exhibit "A") to Suburban Residential (RS) District, and WHEREAS, the Kenai Advisory Planning 6 Zoning Commission has conducted the required public hearing on April 23, 1986 and as a result of that public hearing recommend the rezoningg as stated with the exclusion of lots 6, 79 8 8, Block 39 Thompson Park S/D. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, ae followss Seat a t Subject property consisting of those lands depicted in Eschibi y "All are hereby rezoned to Suburban Residential (RS) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of Me) 1966. ATTESTt --Teiit WW@nt City er TOM WAGONER, 14AVOR First Readings May 70 1986 Second Readings May 21, 1986 Effective Dates June 21, 1986 �1 ' � o 'f j i 1 � . Area within the heavy `o� dark linos indicates original petitioned property. (all of Block 3, Thompson Park and lot 1. Block 9, Valhalla) Shaded areas indicate recommendation of Planning Commission which excludes Iota 6, 7. b 8, Block 3, Thompson Park. ••0.`4G I`r �iiij•fi ••i �.•f:ij�ii�:� , n ut 0 1 1 U'3 31 a f C CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ&.-a— A RESOLUTION OF THE ADVISORY PLANNING A ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING (APPROVAL) (DENIAtt ) OF THE REQUESTED (REZONING) (LAND USE PLAN AMENDMENT) SUBMITTED BY -te Al [Applicant) FOR i 00,k �� WHEREAS, the Commission finds the followings 1. The subject property is currently zoned Z. The present lend uao plan dooignotion of the uubject property to ). The proposed ONING DISTRIC CND USE PLAN DESIGNATION for the affected proper to a . .... &1_, ,r 4. An appropriate publ c hearing as required has been conducted by the Commission on � z /Z,_�,, S. That the following additional facts have been found to exists 3le-C 5k4 e4ow-01� N0W, THEREFORE BE IT RESOLVED, by the Advisory Planning 8 Zoning Commission of the City of Kenai that the petitioned (REZONING) (LAND USE PLAN ANENONENT) is hereby (RECOMMENDED) (NOT RECOMMENDED) to the Kenai City Council. PASSED by the Advisory Planning A Zoningg Commission of the City of Kenai, Alaske, this _ day of 19.. ATTESTe Planning ecre ary 8/84 airman 0 i fil '1w. CITY OF KENAI REZONING APPLICATION 0i . T E t —,APRI I. 7.l 1. PETITIONER: 13EZLA PHILLIPH AND Z. ADDRESSt -no 333 mar.. AlAqw 99611 PHONEt 283��60A 3. WRITTEN SIGNATURES: 4. LEGAL DESCRIPTIONt —ALJLOF )BLOCK 3 IN THOMPBOR PARK.. AND LOT 1 OF 3L00K O IN 3ULHALLA HEIGHT- SURDIVI MO S. PRESENT ZONEt _ MTx&n HKQa=jAi. All 0oM 0r& 6. PROPOSED ZONEt MBIDENTI.AL �.�r .�w.rr 7. INTENDED USE AND/OR REASON FOR REZONING$ THREE OF THE FOUR PROPERTY OWNERS HUL-HOMM OLIME PIECES OF or VIEW0 oL ME COMMERCIAL AUSINEDS ON THE -n- R� T` H WQUL•p ORNAMI.Y DEV L E =4-THFXv- 2,Bpp1'RI Tn�L NOBT INFORTANTo THERE IS_A VALID CONCERN OF SAFETY FOR THEOR AND A. REZONING CHECKLIST: i b. mop •ignoturee) . a. dopoeit/odvortioing foo (S200) d. opplicotion form or lottor rr��..rn.rrirmnrrrrw 3r= -- ALSO ATTACHED 18 A SUPPORTIVE PETITION WITH OVER 80 BIGNATURM Roger Boyd April 21, 1986 P. 0, Box 4233 Soldotna, Alaska 99669 City of Kenai, Planning and "Zoning Board RE.- Rezoning of Block 3, Thompson Park Subdivision City of Kenai As the legal owner of Lots V & 8. Block 3, Thompson Park Subdivision I respectfully request that the above named lots be withdrawn from the proposed rezoning of Blk. 3. Thompson Park Subdivision. Presently the property is zoned General Commercial and I have been granted a building permit by the City of Kenai to build a commercial building on this property. Construction will begin bg May 1 st., 1986. In order to protect my substantial Investment in this commercial property it is necessary for the zoning to remain in conformity with its uce if loft In the CG zone my lots would remain contiguous to the existing CG zoned lots in Thompson Park on the Kenai Spur Highway. I support the petition to rezone the remaining lots in Block 3 to residential, as this would bring the zoning into conformity with the owners current use. Thank You. j;m zlv7k Roger P. Boyd _Rpm 1 1 —2 -1 x A rwrw SUBMITTED BY OWNERS OF THE PROPERTY LISTED BE 04 KENAI, ALASKA 99611 APRIL ?, 1966 l,,? ?r! :tJQE?S;:1dE� l �r.:••, :e -JF H_ND ��'. ;Ea=•:F oan:�gTv Tr�; 'rut:r,r::GI%»"�>awa .=_.', :�F•P a �: u„I: !i: 'iE �C'•I'`iP ��r' TW CM, , '..AN: .:PPQr,'/iMAc-AK ANC ''41,rw ... +� .' :+HTS :UEC•'�)i ;I - SGUTI,,1E4 aj ;WI:: _t.� 's'U4THC. ri.r !�ENAI SPA rt ! S .,4LL yV BLUC+ 7i" TwCr c ""J G„ ;K, sl•1^ �.�T : J: 'gAt4E ,4I: .TiJFE:a y..^NAME �atiGi.S�S • . ��. Thow�9w•• mPa'!t0 sa...,Pl.s� =; Block 3 Ldf' 8 A % c.e-- Kft-", 4L "Wt e 81oc,93—Aoi9(/oorejraeT) ptk3 1.101A I4r-Ye oai) wet I 3 F9 X i �Ik3 e.vt-Iwz 8106+1 yalb4II& h}F 15 . lb •i fi! r. _ _ � r •i '1 kJj ox�s;5 pryr+. 999// 290 Lo pd v. G, -m I Cr F`J Suggooted byt Mayor Wagoner CITY OF KENAI ORDINANCE NO. 1129-86 AN ORDINANCE Of THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 1121-86 RELATING TO THE SOURCE OF FINANCING FOR ADDITIONAL IMPROVEMENTS TO THE HIGHBUSH, ALIAK, SWIRES CAPITAL PROJECT. WHEREAS, Ordinance No. 1121-86 appropriated $193,968 from the General Fund for additional improvements to the H.A.S. Capitol Project, and, WHEREAS, Ordinance No. 1096-89 set aside $410,000 of the 1965 Municipal Grant for assessment districts petitioned by April 1, 1906, and WHEREAS, only $26,900 has boon used for such assessment districts, looving a balance from the 1989 Municipal Grant of $303,500 for other road projects, and WHEREAS, the Council desires to use the grant funds rathor than General Fund monies. NOW, THEREFORE, BE IT ORDAINED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1 of Ordinance No. 1121-86 be amended by deleting the General Fund appropriation and by substituting 111909 Municipal Grant" for "Transfer From General Fund" as the revenue source For the Highbush, Aliak, Swirse Capital Project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21st day of May, 1966. ATTESTS Janet o on, y Clark Approved by Finance i-41 - First Readings Mey 79 1966 Second Readings Mey 21, 1906 Effective Dates May 219 1966 Lim P. c C C SUBSTITUTE NO. I Suggooted bys Adminlotration CITY OF KENAI ORDINANCE NO. 1121-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $153,568 IN THE HIGHBUSH, ALIAK, SWIRES CAPITAL PROJECT FUND TO FINANCE ADDITIONAL IMPROVEMENTS TO THE PROJECTS AND ADDITIONAL INSPECTION COSTS. WHEREAS, the City deoireo to roioe the road grodea and inatall Infiltration etructuroe on Eaet Aliak from the Creek to Swirno, Hic� hbuah, Bumblebee and on Swires in the project (Alternate 46) at an eotimeted coat of $148,500I and, WHEREAS, the inspector hea requested $25,546 ao additional inopection coeto under hie exioting contractl and, WHEREAS, $200480 ie available in the Fund to be transferred to appropriate accounta. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Chats Section 1: The following incre000 In eotimotod revonuoe and appropr s iono be mado: General Fund ncreaee Eotimatod Revenuea: Appropriotiono of Capitol Improvement Reeorve 51�53iS Incroeoe Appropriotiono: Non-Doportmental - Tranefora =15 Hi hbuah Alink Swirea Capital Profoct Incroeoe Lotimoted Rovenueat Tranofer from General Fund Incroeoe, Appropriotiona: Inopoction Conotruction 1 J W: 51 0 K F Section Zs The following tranofero of monlea be made within t e lAghbuah, Allak, Swireo Capital Proaoct Funds From: Administration f 516 Contingency s19�964 Tot Construction 120,400 PASSED BY THE COUNCIL OF THE.CITY OF KENAI, ALASKA, this second day of April, 1906. ,.-TOM WAGONER , M 1 ATTESTS r/not wneian, My clerk v Approved by Finances 3/13/86 First Readings March 19, 1906 Sonond Readings April 2, 1906 Effective Oates April 2, 1966 -9 r a Suggootod bys Adminiotrotion CITY OF KENAI ORDINANCE NO. 1096-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APROPRIATIONS IN VARIOUS CAPITAL PROJECT FUNDS AS A RESULT OF GRANT NO. 8186-306 FROM THE STATE OF ALASKA. WHEREAS, the State of Alaeko hoo awarded the City of Kenai a grant in the amount of $29300,000 for rondo and related improvementsi and WHEREAS, the Council hoo held work oeooiono regarding the uoe of this grant and has decided on four opecific road projocto estimated at $1,740,000; and WHEREAS, the Council deoires to appropriate $150,000 of this grant for rights -of -way purchooeo for future rondo in 01d Town{ and the Council underetande that none of this money may be uood for purchaeeo of propertioe or rights -of -way that are not expected to be in future roodwayo{ and WHEREAS, the Council decirea that $410,000 of this grant be left unappropriated at this time to be available for the unaaaeesed portion of opecial ssseosment districto properly petitioned by benefited property owneroi and WHEREAS, the Council's intention is that the apscial assessment monies be available on a 50% 00000sment basis only for proposed districts petitioned prior to April 1, 1986, and that they be used for paving projocto for existing City -accepted attests that eithewhererwaterady andhave newer©ter in notdGower anticipatedltolbeof are in an s extended in the near future. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following incr000es in estimated revenues and appropriations be made in the following Capitol Project Fundee 1 I n • ` o Robin Kennit:e Engle- Rock SnndpiLaorj, -tern _anA South � straw erry w Incrosoo Estimated Rovonuoot 1989 Road Grant .Ot�Q Increase Appropriationo: Administration 1,000 : Inspection 20,000 _ Construction 2309000 Contingency 19 000 South Spruce - Spur to Roach Increase Estimated Rovonueot J+ 1905 Road Grant Increase Appropriationoe Administration 19000 Inspection 26,000 ` Construction 3399000 Contingency 34s0„00 Airport Nay-: Livanunn Eaiimatso nevenuuu: z '- 1965 Road Grant Increase Appropriationo: -i j- Administration 19000 Engineering 26,000 Inspection 37,000 Construction 4610000 , - Contingency 4 ' Cook Inlet View Lilac I Increase Estimated Revenueat 1905 Road Grant # Increase Appropriationoe ' Administration 1,000 Inspection 37,000 Construction 420,000 Contingency 42,000 2 ' 1• i 0 • A Old Town Ri#shto-of-Wol Increooe Eotimotod Revonuoos 1905 Rood Grant nodn Incroone Appropriotionns Right -of -Way - Roodo 1-15Q.0fla PASSED BY THE COUNCIL OF THE CITY OF KENAI# ALASKAg thin 20th do of Novembor, 1905. C V �� A T TE ST te0AMY G' /r�//L2& Whelan, y or Approved by Finances egg 10/30/65 Firot Readings November 6, 1995 Second Readings November 20, 1905 Effective Dote# November 20, 1965 �7aF•n i , . •�S'Tt a. �11 l 1}. c! ! 5A ..i U • a. FF !' LLT%' U . i G-6 Suggested bys Planning Commission CITY OF KENAI ORDINANCE NO. 11W86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE TITLE 14 BY ADDING SECTION 14.20.161 ENTITLED "ZERO LOT LINE DEVELOPMENT". WHEREAS. the Kenai Advisory Planning A Zoning Commission has worked with examples of both Zero Lot Line development and Townhouse developmentl and, WHEREAS. the Planning Commission feels that there are certain portions of the Code which are not in the best interest of a developer or purchseerl and, WHEREAS, after work sessions and discussion with the Building Inspector, the Planning Commission feels that the indicated addition to the Kenai Municipal Code will be a more workable and enforceable ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followae Ssc!A81L.L1 The Kenai Municipal Code Title 14 be emended by adding Section 14.20.161 entitled "Zero Lot Line Development" as defined by the attached Exhibit A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21et day of May, 1986. ATTESTt Isinef Wien# City er C� 0 WAG H, A O -- First Readings May 7, 1986 Second P.eadingi May 219 1986 Effective Datet June 21, 1986 L.� a Ex%; b;4 A 14.20.161 Zero Lot Line Develo menti (a) Zero Lot Line Development shall be allowed 6y conditional use permit as provided by the Lund Use Tables. Zero Lot Line Development may be permitted provided that the following conditions are mett (1) The development conforms to the adopted comprehensive plan; (2) Public services and facilities are adequate to serve the Zero Lot Line Development (3) Health, safety, and welfare will not be jeopardized 99 a result of the proposed development; (4) Standards for Zero Lot Line Development are satisfied as required in this section; (5) Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions shall be met by the applicant. (6) Attached Zero Lot Line development only is allowed by this ordinance. (b) Zero Lot Line Development shall be subject to the following standardat (1) The proposed development shell meet the applicable processing conditions specified in the conditional use permit section] (2) For 3 or more units section 14.20.160 pertaining to Townhousee shall be followed. For detached zero lot line unite see Section 14.20.170 for Planned Unit Residential Development shall be followed. (3) Minimum lot width for an individual Zero Lot Line Development shall be 45 Poet; (4) Minimum lot area for each Zero•Lot Line Development unit shall be 4,500 square feet. The total building coverage shall not exceed 30% of the lot area in RR and RS zones and 40% of the lot area in the RU zone. (5) The developer or subdivider of any Zero Lot Line Development including common open areas, property, or amenities, shall have evidence that compliance with the Horizontal Property Regimes Act, AS 34,07 has been made prior to the sale of any zero lot line dwelling units, and furthers 1 I 1 i P�� K (I) The developer or subdivider of any Zero Lot Line Development shall deposit with the appropriate homeowners association, formed In compliance with the Horizontal Property Regimes Act cited in this section, a contingency fund in the oum of $900 per dwelling unit in the Zero Lot Line Development] (III A copy of the by-laws of the homeowners' association showing in what manner the aforesaid contingency fund shell be controlled shell be furnished to the City for review and dpprovel. (6) All areas not devoted to buildinge, drives, walks, parking areas or other authorized installations shall be covered with one or more of the followings lawn, grass, natural, or ornamental shrubbery or treest or other suitable materials approved by the Commieeionj (7) The standards not forth in this section shall compliment the general standards set forth in this chapter and shall not be construed as euperceding any general standard. In the event of conflict, the stricter standard shell control. (Ord 925) Z L4 'I F G . t-7 Suggested byI Planning Commission CITY OF KENAI ORDINANCE 0. 1131-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE TITLE 14, SECTIONS 14.20.160(b)(3) AND 14.20.160(6)(111) PERTAINING TO TOWNHOUSE DEVELOPMENT. WHEREAS, the Kenai Advisory Planning 6 Zoning Commission have worked with examples of both Zero Lot Line development and Townhouse development) end, WHEREAS, the Planning Commission feels that there are certain portions of the Code which are not in the beet .Interest of a developer or purchased and, WHEREAS, after work sessions and diecuoeion with the Building Inspector, the Planning Commission feels that the indicated amendments to the Townhouee Ordinance will be a more workable and enforceable ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follower Section I The Kenai Municipal Code Title 14, Sections 14.20.160(b)(3) and 14.20.160(6)(111) pertaining to townhouse development be emended no defined by the attached Exhibit A. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 21ot day of May, 1986. ens Whale", City tIerT- YON WAGONOt MAYOR - First Reeding) May 7, 1986 Second Reading) May 219 1986 Effective Dates June 219 1986 ��wr+.rr.�+wwne r 1 e*A • 14.20.160 TOwfi,�, houe�et (a) Townhouoeo ohell be allowed by conditional use permit ae provided by the Land Use Table. Townhouses may be permitted provided that the following conditions are mats (1) The development conforms to the adopted comprehensive plan] (2) Public services and facilities are adequate to serve the townhouse development) (3) Health, sefety, and welfare will not be jeopardized so a result of the proposed development) (4) Standards for townhouoe development are oatiofied no required in this sections (5) Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions shall be met by the applicant. (b) Townhouses shell be subject to the following otandards: (1) The proposed development ohall meet the applicable processing conditions specified in the conditional use permit section; (2) A detailed development plan shell be submitted including a site plan drawn to scale. The cite plan shall include, but shell not be limited to, the topography and drainage of the proposed site, the location of all buildings and structures on the cite, courts, and open space areas, circulation patterns, ingress and agrees points, pa6ing areas (including the total number of parking spaces provided), and a general floor plan of the principal I buildings, together with ouch information as the Commission shell requires (3) Not more then six contiguous townhouoeo shall be built in a row with the some or approximately the came front line and not more than 12 townhouoeo shell be contiguouos (4) Separation requirements One series of townhouses shell not be located closer than 15 feet from the graperty line or 30 feet f (TO) another aeries of townhouoeo or any accessory structure within the townhouse development; (5) Minimum lot width for on individual townhouse is 24 feet] (6) Minimum lot area for each townhouse unit shell be 2,000 square feet, and subject to the followings - - -- (i) The total building coverage shall not exceed 30% of the lot area in the RR and RS zonso and 40% of the lot area in the RU zonal (ii) The lot area may include a portion of the undivided common area. riiiI oubfect to all other eotbac_ k-jeo cictions for that xpne . -- --- -- - Is- (7) Two hundred cubic feet of covered storage space shall be provided exclusive of the living area of the unit, unless • ggarage is provided as a part of the townhouse unitt (8) The developer or subdivider of any townhouse development including common open area, property, or emenities, shall have evidence that compliance with the Horizontal Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling unite, and furthers (i] The developer or subdivider of any townhouse development shall deposit with the appropriate home- owners association, formed in compliance with the Horizontal Property Regime@ Act cited in this oection, a contingency fund in the sum of $500 per dwelling unit In the townhouse development) (ii] A copy of the by-laws of the homeowners' oesocis- tion showing in whet manner the aforesaid contingency fund shall be controlled shall be furnished to the City for review and approval. (9) All areas not devoted to buildings, drives, walko, parking areas or other authorized installations shall be covered with one or more of the followings lawn, gross, natural, or ornamental shrubbery or treeo, or other suitable materials approved by the Commissions (10) The standards set forth in this section shall compliment the general standards set forth in this chapter and shall not be construed as aupercedinq any general standard. In the event of conflict, the stricter standard shall control. (Ord 925) u F 1 i r I Suggeated by$ Planning b Zoning CITY OF KENAI ORDINANCE W. 1132-86 Y AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL COOS, CHAPTER 14 WITH THE ADDITION OF CHAPTER 14.30 ENTITLED "SITE PLANS". WHEREAS, the 1980 Comprehensive Plan presented criteria for creating a Site Plan ordinance (21.76.200) which would deal with a Site Plan Ordinance) and, 1. WNEREAS, the Kenai City Council directed the Kenai Advisory Planning 4 Zoning Commission to work with the draft presented and return a recommendetiont end, WHEREAS, the Landscaping Review Board, Old Town Committee, and the Planning Cmiveion have all worked together and created the draft before the Council at this time and feel it meets the needs and desires of the Council �. and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, k= Be follows$ ct on $ The Kenai Municipal Code Title 14 be amended by adding 14.30. as defined by Exhibit A. PASSED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA, this 21st day of May. k:. 1986. RAYON . . F f 1 ATTEST$ First Readings May 7, 1906 Second Readings May 21. 1906 Effective Dates June 219 1906 Q .g J _ C .. •i.5 EA49 A ' P Chanter 14.30 F, SITE PLANS ;} 4 Sectional ' 14.30.010 Intent _ t 14.30.020 Applications 14.30.030 Submittal Requirements i 14.30.040 Site Plan Performance Criteria ' 14.30,010 Site Planet Intents It is the intent of this section to provide for orderly and safe development of the City commensurate with protecting the health, safety, and welfare of its citizens, and adequate and convenient open opacee, light, and air, in order to avoid congestion of a commercial and induotrial areas. '. 14.30.020 Applicationa (a) This section shall apply to all commercial i' and industrial development within the City of Kenai. An applicant for a City of Kenai building permit in a General Commercial (GC), Central Commercial (CC), Heavy Industrial (IH), or Light Industrial (IL) zoning diotrieta, shell, in conjunction with submittal of a landscaping plan ae Ij required by KMC 14.25.010.070, submit a proposed site plan detailing the b development to the City of Kenai Planning 4 Zoning Commieeion for approval ;{ accompanied by the application which shall contain pertinent data for review. It shall be unlawful for any person to conotruct, erect or maintain any structure, building, fence or improvement, including landocaping, - - parking and other facilities on property deulynataJ au n eommercial tract or Townotte Zone unless ouch improvements are constructed or reconstructed In a manner consistent with the approved commercial/Townaite tract site plan. 14.30.030 Site Plan - Submittal Re uirementst Three copies of the site plan shall be oubmitted to the EMU ing Ufficial in conjunction with a request for building permit in compliance with this oection. The site plan shall be prepared at a minimum scale of V a 20'; and shell include the _ _.u... following informations a) The vicinity of the property that is the subject of the application, ohowing that property in relation to the surrounding neighborhood and major streets and utilities; b) The location and type of exiotinq land usne and structures; r c) Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of archi- tecture anticipated; d) Physical features of the property including location of all buildings, ingr000 and ogrooe, any unusual features of the I property which may rootrict development or drainage. 1 1 a 14.30.040 S to Pia PQr�,,, f, �rmnnae Cr �,, rf torso (a) Object vest An effective site plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention and improvements of buildings, perking lots, etc. should be considered on the site plan. (b) Buildinges A Commercial or industrial use housed in the building is to be compatible with the surrounding properties, Lend Use Plan, and should not devalue the eurrounding properties nor be hazardous to the health, safety, and welfare of citizens. (c) The Site Plan shall list any special permits or approvals which may be required for completion of the project. (d) Parking Lotes referenced on the Site Plan shall comply with to 14.20.250 (e) Snow Storage/Removal and Drainage so referenced on the Site Plan shell be compatible with the surrounding area. Eel .10 F CITY OF KFNAI P.O. BOX 810 • KINAI. ALASKA • IMONI 212•7131 -- — - To, Tim Rogers �•i1 K,l;; FROM Janet Loper RMM qjfijQfi RLiIRtNCt'Cn�.�nit,� %nen Ordlnnn_����� Bob Cowan. Chairman of the Old Town CoamAttee brought by the attached revised Townsite Zone draft. The Old Town CQmoltte&.1s asking that this redraft be considered at the next Council m'tt'n4� ,tk place`�'bf the current draft. Would you pleas© go through th �pii ana make.,any amendments you desire and I will retype. Bob appologised for being so 'kfiU ; 19ra-b ; ng ii :1f iho last meeting of the Committee on this draft was last 4pek a it no ad typing by hie staff. ts d, DAR %. 4L 14.20.145 TMSXTR HSAMIRiGA il1TRi iTHD)la) intent. The T!I District is intended to provide for a mixed, controlled use in a designatod area, which will protect and enhance the hietor ia character. The specific Lnten% In establishing this tone Let 1. To manage all new development and major reconstruction by requiring all applications for a building permit to submit landscaping and site plans. to the appropriate bodies for approval prior to the issuance of the permit. All applicants must meet the criteria of the application process. e. Landscaping plan to bo oubmitted.to old Town Commute and Landscaping Committo jointly.. b. The site plans are to be submitted to the Old Town Committo for approval. 2. ill IMM"Ba l The following guidelines are intended to provide the applicant with an idea of the general criteria tho Old Town Committo will employ when reviewing proposals for the Kenai Townsito Historical District. They are sedesigned to etAadriahaanrahch ipifydevelopment intatndovidothebaoioorprosorvingthat. to oxisting otructures iorve the historical and inai Townsite Historical Mg original qualities or iaturo or alto in its roped. The removal or n lul or doctruction A* kvoidod when possible. struceures, and sites is of their own time. )rical basis should be V have taken place in the o history and development to, and its environment. ignifioance of their own. opoctod. ooiQn for :alteration and shall not be disoouraged ions do not dostroy the ture, The same will hold true on now construction, that is, contemporary design shall not be discouraged it it does not violate the historical character of the surrounding buildings or of the historic district as a w1101e. Design proposals for both new construction and alterations to existing structures should be compatible with the size, scale, color material, and character of theroporty, the immedLately surrounding structures and Jose in the historic district. 1. RRVlfiw pRACp,8R1 The following procedures are for persona who intend to undertake rehabilitation on new conatruotion within the Kenai Townsito eiotoric District. A. Application is filed with the planning department, landscaping plan is filed jointly with the Landscaping Committe and e14 Town Committo and the site plan is filed with the Old Town Committo. b. The planning department schodulos the application for review at the following Landocaping Committe and old Town Committo meetings. o. A notice of hearing is published at least three days prior to hearing date. d. The committoo review and evaluate the landscape and site plans in consideration of the standards previously sot forth. e. The committoo approve or disapprovo the landscaping plan and the site plan and forward to the planning board for action. 4. The following items are required for major r0hA1!UiLu61u11/ 1e11wvn1.1w„ sr,� now conatruotion within the historic district. Tk000 shall necompany thu GFIVIluuLion forme and muot bo oubmittod to the planning Board and tho appropriate committos. a. Throe copioo of the application oignod by the applicant and, it Wooing the pormisoo, co-oignod by the owner. The location of the proporty ohall be fairly Indicated on the attached map. b. Current color photographs of the oito and exterior structures representing both the overall condition of the structure and accurately protraying the materials and color shall be submitted. In addition, color photographs must be provided of contiguous sites and structures to show provolent architectural styles and the character of the area. All photographs must be fabled to indicate the direction of the view and must be mounted on 8xi1" heavy artist display board, met board, or heavy bond. o. Major exterior modifications shall require the submittal of three copies of a site plan V F showing the existing structure and its relationship to the site and all proposed alterations and additions. These drawing s must be to scale and copies may be blue lines, black Lines, or a simular Quality. d. The planning hoard or any of the committes require modification to the oubmittod exhibition or additional submittals duo to unusual conditions, then these must be submitted by the applicant as requested by the board prior to the applicant receiving a site development plan permit. e. To provide tar a district in which mixed residential and retail enterprises co -habit in a desirable and compatible uses (1) encourage toot traffic whore over possible, compatible with historic character. 12) encourage rootaurants, gift shops, parks, otc. (3) encourage indigonouo Kenai Peninsula Flora. 44) encourage hiotoric interpretation. t. Diocourago uoos which will violate the historic, oconic qualityi I11 No otoroo or buoine000c, should Involve any kind of manufacture compounding, procoeoing, or treatment of products. 121 Diacourago more than duplex residences. (3) Diccourago gas stations, auto repairs, rental storage of any kind, junk, konnole, or similar uses. g. Development Criteriae 11► Dincouragoi la) Building and building additions that are not compatible in height with adjacent buildings and that violate the oxioting scale of the district. (b) Metal buildingo, qquuonset but • style buildingo, "modern dooign" style of architocturo. (2) Encourages (a) wooden structures including log style, soft colored or natural sidings, which enhance .the historic character of the di&Lriet. (3) Setbacks shall be as stated under the Urban Residential IRUI criteria including 21.76.150191 111, accept as to asistinq historical buildings. =L Suggested bye Planning 6 Zoning CITY OF KENAI ORDINANCE NO. 1133-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE _� KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.145 ��� ENTITLED "TOWNSITE ZONE" (TS). WHEREAS, the current Zoning within the area described as Kenai Original Townsite and Kenai Original Townsite, East Addition currently have varied - and conflicting zoning districts$ and, WHEREAS• the Kenai City Council hoe created an Old Town Committee to review and make recommendations pertaining to KOMI Original Townsitel and, WHEREAS, the Kenai City Council is considering the possibility of creating an Historic District in a portion of this area and have indicated ■ desire to preserve the cultural and historical development of this areal and, WHEREAS, the Landscaping Review Board, Old Town Committee, and the Planning Commission have all worked together and created the draft before the Council at this time and feel it meets the needs and deairee of the Council and Community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows$ ea io s The Kenai Municipal Code Title 14 be amended by adding Section �� as defined in the attached Exhibit "All* 14.Y0.14S entitled "Townsite Zone" �� PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this Zlst day of May, i986. TUm W NN R. MOT ATTESTS oneMilano y er First Readings May 1 1986 Second Readings Nay 21, 1986 Effective Dates June 21, 1986 ;- „ rt0. •! i ti t � 1 16 EA; " ►4 A 14.20.145 Towne to one ITS (a) Intent- The TS Zone in intended to provide for a mixed* restr c ed use in a designated area, which will protect and enhance the historic character and promote tourist oriented development. The specific intent in establishinq thin zone iei (1) To restrict all new development and major reconotruction by requiring all applications for a building permit to submit landscaping and sittheeplans permit.toAlleapppropriate licants mustdmeetrtheproval criteriaior to of the he issuance application of applicati n process. (b) To provide for a district in which mixed residential and retail enterprises co -exist in a desirable and compatible manner, site plane ehalll (1) encourage foot traffic wherever possible, (2) encourage restaurants, gift shops, parks, etc. (3) encourage use of typical Alaskan flora compatible with the historic character. violate theted uses. historic,The e eniclowing qualitysOf(theept TowrbivitenZoneonal use) which shall be prohibiteds (1) stores or businesses which involve any kind of manufacture compounding, processing, or treatment of products, (2) residences constructed for occupancy by more than 2 families (i.e. tri-plexes and any higher density uses). (3) gee stations, auto repairs, storage of any kind, junk, kennels, multi-Psmtly residential development (d) Development Criteres (1) The following shall be prohibited (except by conditional use) (I) buildings over 2 otori©e in height (ii] metal buildings, quonset but style buildings, "modern design" style of architecture. (2) The following shall be permitted (i] wooden etructureo including log style, soft colored or natural sidings which enhance historic character. (3) Setbacks shell be as stated under the Urban Residential (RU) criteria including 21.76.150 (f M (except by conditional use). W F Suggeoted bys Adminiotrotion CITY OF KENAI ORDINANCE NO. 1134-66 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05.040(c) Ely REQUIRING THAT A LESSEE OF AIRPORT LANDS MUST HAVE EITHER LEASED FOR A PERIOD OF TWO YEARS OR COMPLETED DEVELOPMENT IN CONFORMITY WITH A DEVELOPMENT SCHEDULE BEFORE HE HAS A RIGHT TO NEGOTIATE A PURCHASE AT FAIR MARKET VALUE. WHEREAS, the Federal Aviation Adminiotration (FAA) io concerned that leeeeeo of Airport Lando may be loeeing property with the Intention of oubeequently purchnoing the property by negotiation, and thereby avoiding competitive biddingl end, WHEREAS, the City and FAA have agreed that a two-year waiting period will reduce the number of occurrencoo of ouch leeeeas and, WHEREAS, delaying purchnsen until development le completed or two years have p0000d io in the boot financial intereoto of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE' CITY OF KENAI, ALASKA, that KMC 22.05.040(c) be umendod oo follower 22.05.040(c) If the tract of land•(eiroorL )r otherwiael prop000d to be oold io l000ed lend whoro-t o loans set s orCi, a development schedulo, EUPON WHICH S 5 0 - MENTS HAVE BEEN MADE,I the l00000 may, at hio requeot, negotiate the ealo of said lend at not leoo than fair market value. The current leasoe obteine this right to negotiate a oale onUef-ter lie hen Y Yi... -not •Ono Mn Fian-vnnr nnrlea7mmediatlfly oreceging_yhe OWN ow"awshm wwrrraww�r�w ti... PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 21ot day of May, 1986. 0 W GI F. it , MA V 0It ATTESTt snot Wfielon, ky Clork Ficat Readingo May 7, 1986 Second Readings May 21, 1986 Effective Dates June 21, 1986 r` �Mf A Suggoutod bye City Council CITY OF KENAI ORDINANCE NO. 1135-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE. CITY OF KENAI AT A SPECIAL ELECTION TO BE HELD IN THE. CITY OF KENAI ON DUNE 249 1986,THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS OR OTHERWISE INCURRING DEBT IN AN AMOUNT NOT TO EXCEED $29500,000 TO PROVIDE A PORTION OF THE FUNDS NECESSARY TO CONSTRUCT A COMMUNITY CENTER. WHEREAS, the City Council determinee it in in the beat inteleoto of the City of Kenai, Alnoko (the "City") to conotruct a community center= and, WHEREAS, the Conotitution and Iowa of the State of Aloeke and the Charter of the City provide that the question of whether or not ouch debt may be incurred for ouch a purpoee muot be oubmitted to the qualified votera of the City for their ratifications NOW, THERLFORE, BE IT ORDAINED BY T14E COUNCIL OF THE CITY OF KENAI, ALASKA no followes Section 1s It is hereby determined to be for a public purp000 and in the public intoroot of the City to incur lndebtedneoa of the City in on amount not to exceed $2,5OD,ODD for the purpose of paying o portion of the cooto of planning, designing, acquiring, conotructing and equipping a community center and related capitol Improvemonta. Section 21 A oum not exceeding $29500,DOO oholl be borrowe may, —Par, and on behalf of the City for the oforooeld capital improvemento and oholl be ovidonced by the inouance of general obligation bonds or other evidenced of debt of the City. The omounto no borrowed oholl be used for capitol improvemonto only. The full faith and credit of the City in pledged for the payment of the principal and lntereot on the bondo or other debt instrument and ad valorem taxes upon all taxable property in the City may be levied without limitation on to rote or amount in amounts aufficient to pay principal and interest on the bondo or other debt instruments when due. The bondo or other debt inotrumento shell bear interoat at a rate or rates not to exceed the maximum rate permitted by law, and oholl mature at such time or times within 30 yearn from the data of Inoue no the City W -- ';a�J m r— Council may horeaftor determine. The exact dato, form, termo, maturitiea, covonante, or other dotailo of oold bondo or other debt inetrumento oholl be ou hereafter fixed by the City. Section 31 An election to to be hold an June 249 1986 in and for tlh-0-1-Ttyr for the purpooe of oubmitting to the qualified votore of the City for approval or rejection o propoeition authorizing the borrowing of money and lneuing of general obligation bondo or other ouch ovidoncoo of indobtedneoe. A majority of the qualified votoro who vote on the propoeition are required for opprovel. The propoeition oholl be in oubotontlally the following forms PROPOSITION Community Center Pursuant to Ordinance 1135-86, oholl the City of Konai, Alooka, be authorized to incur indebtednese and to ioaue its general obligation bonds or other ouch evidoncee of indebtodneno in on amount or amounto no needed, and not to exceed in the oggrogoto TWO MILLION FIVE HUNDRED THOUSAND ($20500,000) DOLLARS, for the purp000 of providing a portion of the funds for planning, deoigning, acquiring, constructing, and equipping a community center and related capital improvements in the City, and to pledge the full faith and credit of the City for the payment of the principal and intereot on the bondo or other ouch ovidoncoo of indebtodneoo? Said general obligation bonds or other ouch evidencoo of indebtodn000 are to mature within 30 yeoro from the date of ioouo and ore to bear intoreot at a rote or retoo not to exceed the maximum rote permitted by low. Section 41 The foregoing propoeition oholl be printed in full on Ehe Sollots and the following wordo oholl be added below or next to the propoeition no oppropriato and next to a oquare provided for mocking the ballot or voting by machines FOR THE PROPOSITION YES N0 [ j 2 i s i Firat Readings May 7, 1986 Second Readings May 21, 1986 Effective Dates June 219 1906 1� /o PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA tide 2lat day �""'J of Hoyt 1986. nm agonar, ayor ATTEST: ono Whelan—," Vty Coe Approved by Finances a — c� E CITY OF KENAI „0ll Gal" 0011M M IMAI, ALAM W11 tturllolr�nn•su� MEMORANDUM - - - FRO im Rogero# City Attorney �r City of Kenai TO1 Jonot Whelan# City Clerk City of Kenai OATE1 May 69 1986 RE1 Community Center - Election Iaouoo I hnve reviewed the relevant Alooko Statutes and Administrative Code proviuianu ppertaining to the Alooko Public Offices Commiooion (APOC) to determine what effect ouch regulationu might have upon the Community Center Committee, the City, and involved Council members. - A opoeifie concern eentero around the Committoe'o intention to eend letters of explanation and oupport for the community center to all registered votero in the City. There hoo oloo been a suggeation that the Committee may be coming to the City Council to roqueot (undo for use in the campaign and that a review of the i appropriate APOC provioiono may be noc0000ry before funde are dieperoed. .' Chapter 13 of Title 15 of the Alooka Statutes io the chapter which generally govorno State election compaigno and sate up the ' Alaska Public Offieea Commiooion (APOC). AS 15.13.0 0 defines the opplieability of the chapter. Subparagraph (b) of that statute providoa thatl "Except as otherwise provided# thio chapter applies to -_ contributiono# expenditurea and communicationo made by a candidato# gr__ow��1f# municipality or individual for the purp0000 of in uencing the outcome of ballot proposition or question as well ae th000 made to influence the nomination or election of a candidate." (emphasis added) rT: 1 • o ,f f -- 7 w There can be very little argument that we hove a group involved In this case. The question than is whether the group intends to influence the outcome of tho ballot propooition. In order to determine what the purpose of the group's efforts are, one needo to examine the intent of the group. In this coos, one need only look to what the group dooireo to accomplish in order to determine their intent. It in clear that the group wants the electorate to vote in fundo for a community center. Reasoning backward from their and result, it is oosy to one that the intent falls within the gambit of AS 15,13.010(b). Any advertising or mailing that the group does in obvicuoly not for purposes of disseminating information, it is for the purpose of accompliohing its goal. If the City were mailing out simple informational itemo concerning the Community Center, that would bo one thing, but when you have a group which hoe been specifically organized for the purposes of promoting a community contort there can be little question that the intent of the group in to influencet the outcome of the ballot proposition. You have oleo provided me with a newo clipping in which Chris 3ohanaen, Associate Coordinator with APOCt is quoted no oayingg "There is a gray area ao to any regiotration requirement if the edverticemonto are merely fnctn concerning the election and do not ndvocato any position." As ouggeuted above, if the Committee were an impartial group publishing materialo, there might bu a gdeetion, but in thin case you hove a opocially convened committee and it would be difficult indeed to suggest that any advertiaomont or mailing they might do does not "advocate" a position. B000d on the foregoing, in order to comply with Title 15, Chapter 13t the group is going to need to make a full report in compliance with AS 15.13.040 regarding contributiona, expenditureo, and supplying of eervicao. Under this ototutot in subsection (b) there is a detailed list of what needs to be reported. This particular statute aloo provides that the APOC io to make a form tailored to this requirement. It in my suggestion that the Committee obtain one of those forms and report. Another point which might be raiood concerns the City'o Involvement in the support of the Community Center propooel. The question io whether the City would, no a result of dispersing funde to the Committeo, or on a direct result of campaigning for the Community Center, be required to meat APOC requlotiono. Ageing AS 19.13.010 controls. Thin otatute provides that municipalitioo are required to report if they are attempting to Influence the outcome of a ballot propooition. While the Committee which formed for the purp0000 of promoting the proposed 2 4"1 ,1 I I i i 41 F facility would have a difficult time convincing an adminiotrative agency that they are not attempting to influence th© outcome of the ballot propooitiont the City iteelf might not. Depending on the method by which the City dlooeminateo information on the propoeed projects the City might not full under the APOC regulatione. If the City took a non-partioan approach to listing factual deta, then the City might fall into the grey area deecribod by Mr. Johanoon. The non-partioonohip of the Individual promotion would have to be determined on an ad hoc baolo. One final concern I have io dual participation of Council membero on the Committee and on the Council. Such dual participation could be inferred by APOC ao an indication that the City le too Involved in the promotion of the project to be distributing impartial facto about the project. Thia could pooeibly result in moving the City out of Mr. Johanoen'e "gray area" and into a poeition where reporting io nec0000ry. If the City actually ended up fundinc� the Committee, thin would (coupled with the foregoing forte) oeouredly put the City under the APOC jurisdiction and require reporting by the City. Ae a final note, it should be added that AS 15.13.010 requireo individuals to report if they are attempting to influence ballot propoeitiona. Thio would prububly apply to organized efforto by individual Council membero. TR/clf I " 3 CITY OF KENAI "011 OaPdA l o4 0q"ff 1"OPIDALGO KINAI,ALASKA "611 -- TMAPHON11 aW • Ms April 259 1986 TOO Ron Sutcliffe ,�,�,� Legal Aooiotant �1VQ"_" FROMt Janet Whelan City Clerk REt Community Center Election The Community Center Committee has obtained a print out of regiotered votere from the Div. of Election. Their intention is to send letters of explanation and support for the community center to ell regiotered votoro in the City. 1 aup9 Councilwomen Bailie that if the Committee woo doing any Councilwoman gning they will have to report to APOC. Since Chet timo� Councilwoman Bailie hea informed me that the Committee may beAPOC coming to Council to requoat funds to use in the campaign. hoo told me in the pout that if the City had any publicity diotributod on an election iuoue, they had to aoceet to APOC. However, APOC recently atoted there in a "grey arding this. (See attached) I would like to be able to confirm the atatuo of the City and Community Center Committee as to APOC reporting if thin in diocueaed at the May 7 meeting. Thank you. ,W I i v, wwr.. «nw•••• w w... wr7�H11'0IN '.e�� •, s. T L t '.t�. Kena-i stands'M�a1,14 A f vto i VuARChnV1n�v. t: atpryt�''£!� ',%ee"'�'I►C!Wbkn.'+i101Cb '� su, �� etiu wiauwro.'d tidj •'� )1n 4t f ' ' the bora�t could C baelft t �v ►y� ,�� yY► �h.,ds t[ It 1�o!t # �l a� se',� bW;id the ii jil the uuwxV' wuur Rww+ Tm ` c 1 "0 '•ro of rising taiq h !md ,, . , aware iUte* UW bid Mai W •' " mentproieetlau. W'.v yes. �+ It"Yayo'TomW a The winless on WatnesdSy a . few r'go ibsad Sad pw f, olutteo un" tbat the srbool trict and. . , aid be wu not pleased abaft _g!n HN ,; the Borough Assembly ref molder the' ale' ed a sett Stiff" fact. beenw wero I of the bands and the casstrttctlom of 6"1 -' two new � eohools for the and Apr " � �r facilities n Ilght of the downturn n P PIP, s wale firs! being dlsctrsed, ,' ; tlon growth —in spite dam members' ac• wrote • letter to the editor oPPanf Mnowledpeat the mseltttlon would do no He added fiat be has gotten MAY Om good. The Bcrotgb Assembly had voted the ' , •calls from People who voted for the @dmb '4 v., arb'for them ihw, oighibeforetougilmaboolbonds. r, —" John Wise, Who voted agalost the resolu•' b�attWsAipotenUalta ;,,�5} k • + tion became d Its Inch of timelnese, laid+t�h1+l��'; � 'r�MOdVlM+�t►�MMM '� ' the eameu should remember that the ba>asI,' j��,,. • . +ad:.�t175 i .� �t3: 't..v� �I��Wfi�. k ,.:Kenai dtands against bonds aottunusdtia�ttsti+•� +c• `•s�•" '�'"' ,otmoWnan hay Measles suggested tbat �� OU" *FA Various enpport do booth may oot anrve followed the law gave wsil electiom d the requlrements for ditdaM with the Adis Public Off ices CommlulOe. . � q .t ' � t L • •' Chris jamos , associate Ooordina�Or with die ApOO, aid fiat White As has received OW cells regsr'diul biA � , school bond SWOOon, W OM.as complalnl, to hs his bagtm nb Investtgatlon a He old munlelpolllss OWMUY have to register before idveoauty school bowie, and must pent a dlublmsr en GUY adver• tisenient sisting +rho p Id for, the adveN tlsement. eyt, M � as ad ins maltll o friv Wv �s..w.�►�,• • w�.� i • * I I tN� . r a Kenai Chamber of (:ommeree C l Dux 497 r _ Ke nai, AlaAka 9tXi11 - L (907) 283.7984) M K M O R A N D U M TOt Members, Community Cantor Committee MMs Bob Williams, President _. Kenai Visitors 6 Convention Bureau DATE: April 24, 1986 We have reviewed a proposal to build the Civic Contor/Community Center with {j bonding and utilizing a 82 bed tax to support its operation. We are concerned about this proposal for the following reasons: The propoaal completely ignores the need to adoauately fund a Visitors 6 Convention Bureau for the purposes of promotion, providing printed materials/ brochures. informational services, otc. for residents and visitors alike. 1 T.. - The primary support for the Cantor is being "shouldered" by the bed tax when the real benefit of ouch a Cantor will be minor during the time it Ij will take to develop a convention trade. The convention trade will pro - vino cite revenues to enhance our local businosso economy. - 1.' - The Center is being designed "full size" for present civic needs. while = the immediate and short term future needs for VbCB arc comparatively much lose. We are grateful for the $17,000 contract amount the City annually grants the Visitors 6 Information Center for local information and visitor services. This -'- ban been a good value for the City as the conservative actual costs of providing this service is over $30,000+ per year. The original concept of a bed tax as onvisionod by the VbCB wan to utilize 1002 of a 32 tax to fully fund the VbCB and develop a viable information contort visitor and tourist center and a healthy convention trade in Kenai. The current proposal directs that 1002 of the bed tax would be used to fund the operations of the Cantor. We remain very supportive of the City's plane to utilize State funds to construct ' the Center in Kenai. The Center is an investment of oil tax dollars that will It �". enable Kenai to provide a meeting place for Ito citizens and develop a convention - industry. However, the opportunity to use a State grant to build the Center appears to have declined with the price of oil. Perhaps this Committee should = review the possibility of a "change in need". Under the apparent and now s q;.. financial situation, a smaller mooting facility designed for future expansion � E - could possibly provide a start for community needs as well as a start for convention -xs growth. Hopefully, the convention trade would develop into supporting a full -else Center as well as assist in the support of the community usage. .Feat .�.7�;:_ .. .• . i :'_ 1' ! l+ J 4 , d a � i fl ,_ •4 O R MEMORANDUM Page 2 But -- we do recognize there door► exist a need in our Community for a full -nixed Cantor -- and, the sooner the bottert EEowover, that need should be considered and supported on its own merit. If the Council and our citizono so desire and are willing to support a Centers we believe it should be viewed with no support from the convention trade. If this view point sounds somewhat avaricious to the members of this Committee, lot us explain our view no a future investment for Kenai. (A view similar to that of the City of Kenai, i.e. projects such as the FAA Facility and the REA Service Cantor.) The City builds and supports a Center for use by its citizens. The Cantor is also available for "lease" to convention groups. The income to the City is resultant from Center fees and sales taxes from roomst restaurants, and retail. The citizens find the coots they wore oxpectinpc to pay for the Center is much loss than projected and will continuo to decline as convention activity grows. In this view. 100% of the bad tax is "invostod" in the promotions needed to attract the City's future income. As the initial use of the Center by convention/mooting groups is almost zero in the beginning, it would appear unwise to utilize the bed tax "investment" funds to aid in the operating budget of the Cantor. If a "stand-alone". full-sized Center cannot be supported, then perhaps it to time to consider alternatives that will provide a growth into the vision we all have for both the Community and the convention industry. , Thank you for your considurutionn. - ) Robert F. Williams President KENAI VISITORS 6 CONVENTION CC: Members, Kenai City Council Bill Brighton, City Manager , . I" A „ I 0 Z 0 H cn G m �•. fND � ..� C r• r A O r. co r• 1 ro tog • a e+ v >Ac �v e, r+ • 3. .9. q • r. ram. 0�1 CT Vf r• 0f �q+ �n fD r• 0 041 (A wr j u0i O 1� to '1 O aaa�aa�a � 3• r• vv � ,�p ; yAi 4A O C N •+i w w e1 m IN f1p'1 I N 1 z 10 .o PLEASE VOTE K E N A I CONPIUNITY CENTER BOND ISSUE Y:. JUNE 24th 1986 Kenai Community Center Committee 210 Fidalgo Street Kenai. Alaska. 99661 ITS FOR YOU „ +: L Bulk Rate J� PAID Kenai. AK Permit No. d Pro Sort i ; i --4 .1 r•.r�■JII� !/ 1 :AA _ r -- k F (" '( 6- Suggested bys Administration CITY OF KENAI ORDINANCE NO. 1137-86 AN ORDINANCE OF THE COUNCIL OF TFIE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1985-86 GENERAL FUND BUDGET BY $59000 FOR SHOP REPAIR AND MAINTENANCE SUPPLIES. WHEREAS, the City Shop hoe depleted ito budget for repair and maintenance suppliosl and, WHEREAS, the Public Worko Director hoo entimetod that an additional $59000 io noodod for maintenance of City vehicleo through June 30, 1966. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increooco in eatimoted revenuee and oppropriationo be modes GeneralFund � Incre000 Eotimated Revenuees Appropriationo of Fund Balance $5,000 Increooe Appropri0 ionas Shop - Repair b Meini gin,:%r1 p gsopp1 teo $50000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 21et day of May, 1906. TOR W GO R, AYUR ATTEST: 'JeneE 9helon, y ME' Firot Readings May 7, 1986 Second Readings May 21, 1986 Effective Dates May 211 1986 Approved by Finances e4 5/6/86 _.A a _. .�_.__ .»„sv.a -KiiiaKw---'7�h/M1• �a 11 M �.(�. :lent to Oil = C.O. approved by on Cjr }_ CHANGE ORDER NO - 11/0/85 y project Main Street Loop. Lake, Marino, Granite Initiation Date -. - o s an . . n Contractor COMANCHE CORPORATION City of Kenai You are hereby requosted to comply with the following changes from the _ contract plans and specifications: Item No. Description of changes - quantitios, units, unit prices, change in completion schedule, etc. Increase or (Decrease) 1 Decrease total coat of AC pavement (Item 40.02) on (14,000.00) Schedule E, Main St. Loop and Schedule A, F.S.O. by $4,000.00. Not change in contract price due to this: C.O. ($4,000.00) CHANGE IN CONTRACT TIME Original Time 120 C.D. Previous C.O.s 14 C.D. This Change Order 0 C.D. Revised Contract Time U CHANGE IN CONTRACT AMOUNT Original Contract Amount $844,233.00 Previous Change Orders 17,011.90-, This Change Order (4,000.00) Jnueru) to au„ )UPaaa,iUa loll va vlmu I.v.. vl. •.... ...... ............p .. __-- _.. This C.O. Is not valid until olgnod by both the Owner and 1I1ginoor. Kenai City Council has to approvo fill C.O.S. Contractor's signature Indicates his agreemont Herewith, Including any adjustment In the contract sun or Contract tine. By.. __ By By - , l �`Rigineer con ractor wner Dino Date Dato jt 1P , Q V� - -- --�- - L L 'j CITY OF KENAI „ d(?a,d4d44"•• n 210011ML00 K11114 ALASKA "N11 TELEPHONE 283.7618 MEMORANDUM TOs Wm. J. Brighton, City Manogor FROMs Keith Kornelis, Public Works Director DATES May 19 1986 REs Change Order #4 Main Street Loop/F.B.O. Project Asphalt Content FORS Council Meeting May 7, 1986 On November 209 1985 a change order to the above subject project was submitted to Council which reduced tho contract by $4,000.00 due to the asphalt content not meeting the pavement apocificatione. The specification was beeed on a mix design that wee approved at the beginning of the project. The inopecting engineer, Bill Neloon, used a State Pormuin Lu figure what extent the contract could be reduced IF it wee a State contract. ($109557.36). The Council did not approve of the $4,000.00 reduction and wants either a $101557.36 reduction, the paving roplaced, or for the contractor to prove that the asphalt met the specification (nee Kornelie letter to Nelson dated Novombor 21, p The contractor had McLane and Aoaoeiaten, Inc. perform a new mil dooign. Using the now mix design a reduction in coat would not be warranted. McLane and Aosociatoe mention in their letter dated February 17, 1986 that "this mix design eomparoo more repr000ntative of the pavement placed during the fore mentioned project." Based on the above I would rocommond that the Council of the City of Konai epprov_o of the CO 04 which reduces te_ con .ca_,, of b o C I T Y 0 F XEA nta- 910 PIDUGO K1NA1. ALA/KA Nit! T!LIPNONE 113.1631 November 21g 1985 Wm. J. Nelson 6 Aaeociotes ATTENTIONS ©ill Nelson 215 Fidolgo, Suite 204 Kenai, Alaska 99611 SUBJECT: MAIN STREET LOOP, LAKE MARINE, GRANITE POINT, FBO PROJECT Door Mr. Neleont Change Order 03 on the above subject project was presented to the Council, City of Kenai, on November 209 1965. The Council, City of Kensi, approved only the second item of the change order. 0 This item was for the installation of a 5 KVA transformers and 30 AMP disconnect for a total amount of $907.50. The first item of the change order wee not approved by the Council, City of Kenai. This item involved the decrease in the total cost of AC pavement on Schedule E, Main St. Loop and Schedule A, FBO. This coat reduction on the change order wee for $4,000, The Council, City of Kenai, wanted to convey the following four pointot 1. The Council will not accept the $4,000 reduction due to the low asphalt content. 2. The Council would like the contractor to come bock with a reduction of $10#557,36, 3. The contractor can replace the asphalt that is not in specifications 4. The contractor, at hie expense, can prove to the City that the asphalt meets the opecificotion. Please relay this information on to the general contractor. Comanche Corporation# so that they may take appropriate actions Sincerely, It Keith Kornelis, Director Department of Public Works KK/tie L 91 Sl C i j .1 .. j i -i 1 • i F Wm.dNelson &As 0 P®,�x1i�F1E! KUNA1,ALAD November 7, 1985 Keith Kernel ia _ Public Works Director �'-- City of Kenai 210 Fidalgo Street Kenai. Alaska 99611 a coNSULTMCNUNCrA3c Duffs OTAUCTtJPAL / CIVIL / PLANNN N am11 (M VIDALUD, C UITC3 e04 Res 08440 - MAIN STREET LOOP - Asphalt Content Dear Keiths My previous letter to you explained my concern regarding the asphalt content on certain portions of Main Street Loop. As we agreed, the City should be entitled to some compensation from the Contractor in the form of reduced cost for the deviation from specifications. The attached letter from Comanche Corpora- tion is an offer to reduce the price by $4,000.00. bince the exact reduction in expected life, if any, of the as- phalt pavement is not known it is hard to determine an exact reduction in price. Although it may be possible to obtain a greater reduction in price, up to the amount suggested in my letter to Comanche Corpo- ration, I would expect that the coats of negotiation or litiga- tion would exceed the difference. If Comanche Corporation's offer of a $49000.00 price reduction is acceptable to the City, then I will prepare a change order to accomplish the some. Also attached is A copy of Comanche's proposal to install the 3KVA transformer per H.E.A. requirements. I will also include this on a change order if acceptable to the City. Sincerely, Wm. J. Nelson & Associates Wm @loan, P.E. Pr ncipal WJN/bsg Attachment L r 1-0114117 � •,� � 1'11.1%1 1 10661 1?17f' AAtI+ t ANCIIoNAU, AlASKA 975u. October 29, 1985 William J. Nelson fy Aseociaten P.O. Box 1686 Kenai, Alaska 99611 Attn: Bill Nelson Re: Main Street Loop, Lake, Marino, Granite Point, F.B.O. Road - Improvements Your letter of 9/16/85 Dear Mr. Nelson; We have reviewed your proposal for a price reduction for oil con Cent on Main Strout Loop and F.B.O. Road. Although the oil was off by about lx for one day of paving, we believe that your proposal for $10,557.36 reduction is to high. I have discussed this matter with Ron Davis and Mike Parker. We are prepared to offer a reduction of 04,000.00. Please let us know as soon as possible if this is acceptable, as we would like to apply for the 52 retainage on this project. Cord 13 ---- ack Breitenstein, Project Manager fit -- •4, �"l d GU1TE e04 March 17, 19e6 Keith Kornelia Public Works Direc + City of Kenai 210 Fidalgo St. Kenai, AK 99611 KCNAI, ALAUKA 00011 CONOULTINO ENGINEER S TU'7AL / CIVIL / PLANNING 1e071 e[33.3>�+ Res 08448 - MAIN STREET LOOP, LAKE. MARINE, GRANITE POINT. F80 Dear Mr. Korneliss I received the attached correspondence dated March 14, 1986 from Comanche Corporation regarding the asphalt content for paving the above project at the same time that I received your March 12, 1986 letter on the same subject. As you will note, Comanche Corporation has submitted a new design mix for this project. The original design mix, which was submitted to us prior to paving, was in conformance with the prn,jf e-t and Mtpa ti"PA as the standard for acceptance or rejection of asphalt placed on the projw#-L, Tiro new design mix also conforms to the project specifications. The original design mix was prepared in 1983 and presumably utilized aggregate from a different stock pile as a basis for design. However, since the original design mix conformed to the project specifications, we took no exception to it's use. The new design mix submitted with Comanche Corporation's March 129 1986 letter was prepared from a sample submitted by the paving subcontractor. The lab report states that the sample was "from the stock pile of asphalt aggregate produced last fall at Har- ley's Ridgeway Road pit on the outskirts of Soldotna, Alaitka". Since this is the same pit that produced aggregate for the Main Street Loop project and corresponds to the same time period, we assume that the sample came from the same stock pile. The letter to the paving Subcontractor which accompanied the new design mix and which was dated February 179 1986 further states that "in comparison, this mix design compares more representative of the pavement placed during the forementioned project. This new design in also more representative of your asphalt aggregate production of last fall.... ." In affect, the Contractor is asking that the new mix design be substituted for the old mix design and that the new mix design be used as the standard for acceptance or rejection of asphaltF Placed on the Main Street Loop project. rw/V r Keith Karnelis - March 17, 1986 Main St. Loop Project - Page Two Although substitution of a design mix after the asphalt has been placed is an unsual procedure, I do believe that this case war- rants consideration for the following reasons( It The new design mix meets the project specifications. 2. If the new design mix had been submitted prior to paving, I i'�; believe that it would have received our approval for use on the project. 3. According to the laboratory that provided both design mixes, the new design mix is more representative of the asphalt paving actually placed on this project. ! I'• If the substitution of the new design mix is acceptable to the City, then only one of the extraction tests of material used on the project is out of specification. If the entire production of asphalt for the project is considered and the results of S , extraction tests are analysed according to the State Department I, of Transportation and Public Facilities (which do not cover this pr^jcct «rr� rrwvicusly noted), then the percentage of cost rsduct i on is as f of i ows s New design mix asphalt contents 5.5 ± 0.4% Results of extraction testes DATE ASPHALT CONTENT 8/05/85 4. 9% . ;. 8/06/85 5.1% 8/09/85 5.6% I ;, 6/ 10/8S 5.8)L Percent Reduction (P) . (TL+ a X R - Xn) X F TL- S.S% - 0.4% - S.l% (lower limit) a w 0.3 (For n - S = number of tests) R • 5.8% - 4.9% • 0.9% (difference of high d low tests) X * 5.4% (average of all tests) F - 25 (asphalt f actor ) Therefore P (now mix) • (d.iK + 0.3 X 0.9% - 5.47.) ZS .-0.75% According to A.D.O.T. b P.F. specifications, if the reduction factor is a negative value then no reduction in contract price is warranted. Therefore, if the substitution of the new design nix is acceptable to the Cityq there would be no reduction in the cost of paving. .. ,. , i. t . •,• �...,� , �•S::at'�:�f';r3a:��i:'i'f'...i:';���il�tit�-�1'titsi' L M Keith Kornelis - March 17, 1986 Main Street Loop Project - Page Three For comparison if the original design mix is used the reduc- tion iso P told mix) a (3.5% + 0.3 X 0.9% - 3.4%) 23 A 9.25% , Based on the total contract price the price reducion based on the old design mix would boo (7488 8Y X 57.00/SY + 10153 BY X l6.00/SY) X 9.25% • $109484.51 i would like to know how to proceed on this matter. , Sincerely. , Wm. J. Nelson ✓k Associates , m. J. Nelson► P.E. Principal WJN/bsg t, r Attachment I c� o ;l U) �.11.,��• ., 1� �.ka ����ll+/'1i!:J. =-i '' JIa�SSl;� "' ''i, ,� L � .. .. .. .li.'� �i C� Sincere , Jack Er onstoin, Project Manager P.S. Please give Ron Davis a call if you have any questions. F 1 217 E. 66th /)r/10000' F1 ANCHORAGE, AIASKA 99502 March 12, 1986 WILLIAM J. NELSON 6 ASSOCIATES 215 Pidalgo Suite 204 Kenai, Alaska 99611. no: Main St. Loop, Lake, Marine, Granite Pt., PDO Road • price reduction for oil content on Main Street and PDO Road. r Dear Mr, Nelson; Ran Aavie n9 PAldr Paving, ins. hn, op'nt uc a nee-? iniv design for the paving mi'c per City "C" Specifications. This design mix is representative of avement now in place and within the specifications for City"C' mix. Please consider this design for paving on above performed job. , Cl Polar Paving, Inc. 80X 672 • SOl00TNl. ALASKA "668. 10071262.0140 February 24, 1986 Comanche Corporation 1217 E. 66th Ave. Anchorage, AR 99502 U ' Attn: Jack RE s Mix Design r Doer Jack: i Enclosed is the now mix doss n with a cover letter From ' the lab an car our convereat on. If you have any quostions, ploaso give us a call. Thank you. 8i rely, Ron Davis F RD/DA Enclosure W "I �AUISCCIATEI!Is M1oL/► a INC. PF4FFSWNAL I Fm February 17, 1986 Harley's Trucking / Polar Paving ' AL Lm Run 11»v l n P.O. Box 672 Soldotra, Alaska 99669 REt BITUMINOUS MIX DESIGN CITY "C" SPECIFICATIONS UPDATE Dear Mr. Davies Enclosed is the latest Bituminous Mix Design which our laboratory performed during February 7 to 14, 1986. The gradation for this design was based on an average of five (S) oxtraction/gradations performed by our laboratory for 'William Nelson and Associates during the paving of.the Kenai City Streets of Main Street Loop, Marino, Lake, FBO, Granite Court. and Granite Pointe. in Auguot of 1985. , In comparison, this mix design compares more reprosentitiive of the pavement placed during the'fore men'tioeed project. This new design Is ■loo more representative of your asphalt aggregate production of last -fall. and you ; should be able to submit this design for any upcoming prejeeto which utlliro your current stockpila. If you have any queationo regarding thio design. please contact our office: Sincerely, .2 ruce McLane and Asaociaton, Inc. Lawrence J. S mLdt Laboratory Supervisor McLane and Asucclatou. Inc. lilt/ um P.O.80K 488 e0L00TNA, AK e8883 907-2EI3s4219 0000, C3 a ti fl MoLA ■ +a A88001AT88I INC. ' PROFE8iilONAL atCtilN . BURVEYORi 8 PLANNERS Iebruiry 14, 1906 # o' Marley' a Trucking / Polar Paving Attnr Ron Davie P.O. Box 672 Soldotna, AN 99669 9 RBI BITUMINOUS MIX DESIGN CITY NCO SPEcirICATIONS ALASMA TEST METHOD T.17 s Deer Mr. Oaviel Attached herein are our test results, recommendations, and design parameters for the proposed bituminous mix " design. A narrative and recommendations are found on Page 1 and 1A. Job mix gradation and design criteria °- are found on page S. Also attached are copies of our e laboratory work $heats. Sincerely, i Bruce. C. Robson, P.E. McLane and Associates, Inc. I Lawrence J. S ImMldt Laboratory Supervlvor _ -_l , "1 LJS/ls NA. AK SS689 607.053.40 8 r C h CITY "C" �I Bituminous Nix Design On February 7, 1906, Our Office received one five gallon pall of aggregate from Ron Davis of Hawley's Trucking. This aggregate Was tram the stockpile of asphalt aggregate produced last f811 at Hawley's Ridgeway Road pit on the outskirts of Soidotne, Alaska. Pon Davis instructed our office to use this aggregate to provide a City "C" mix design. This mix design was run in accordance with' Alaska Test Method 1-17, "Bituminous Mix Design by Marshall Method". The job mix formula for gradation was based upon the stockpile gradation, and ' the average of five extraction/gradations our laboratory ran lest summer on lopw4l the Kenai Street projects involving Main Street Loop, Marine, Lake, ►B0, Granite Pointe, and Granite Court. These two gradations can be found on the Grain Site 1 Charts provided with this report. Utilising the design gradation determined by the factors In the former paragraph, i the aggregates were dried and separated on the 1/40, 7/811, 04, and 010 sieves and recombined at the job mix gradation in 1200 gram batches. An additional 3,000 gram sample was weighed end a washed gradation woa performed. The resulting gradation was within *1% on each sieve when compered to the design gradation, and the single -teas fracture was 73%. � The asphalt cement used for this design Is CHEVRON AC-51 it contains 1/4 of IS Chevron double strength Anti -Stripping additive. The AC-5 was provided to our office by Ron Davis on February 7, 1906. The specific gravity of the Chevron AC-! is 1.015. Specific gravities for the eu..se aR#4 r1n• 4040•"getes were obtained In accordance with with AASHTO T-e4 and T-es, and the blend overage was computed per ATM T-17. The blend average Is 2.706. The Chevron AC-$ was maintained at a mixing temperature of 200"F ass. The aggregate temperature was maintained at 20ser iso. Compaction temperature j of the test specimens was maintained at 2556F 058. Manuel Compaction of the test specimens was achieved using an ASTM approved I Mumbolt Marshall design hammer. Compective effort was SO blows on each side -� of the specimen. A series of three specimens each were compacted at the following asphalt cement percentagest ).BOX, 5.25%, 5.51S, 5.77S, 6.03%, 6.51S. These asphalt cement percentages were Calculated by weight of total mix, not by weight of aggregate. The values of the Marshall toot criteria used for optimum asphalt cement determination were then based upon the average of three specimens at each asphalt cement content. CONCLUSIONSt The results of the Marshall Bituminous Mix Design produced In accordance with ATM T-17 were calculated and on optimum asphalt cement _ content of l.SS by weight of total mix was obtained. flow, stability, percent total voids, and voids filled with asphalt were all within the 1 criteria tolerances set forth In ATM 7-17. However, the percent total voids value of 2.5 at 9.95 asphalt cement content falls below the tolerances ^) of S to S eat forth In City "co specifications. However, In the "Asphalt Institute Manuel Series No Z", which is utillsed by the Municipality of ! Anchoregs for Clty "C" designe', 1't 'states that n tolerance'of IS may be permitted. We recommend that the tolerances for total sir voids be lowered ; A IS to Z to S for this design, We also recommend that the asphalt content be maintained between S.)% to S.yS for the optimum pavement product. NaLANE AND ASSOCIATES, INC. pool 1. - - -- A-- -- - h City ncoo eyp 9ltuminous Mix Design 6 it_ iq for Harley's Trucking + February 14, 1906 Page IA. ' You will find the design criteria specifications and the job design gradation on page Z of this report. Page a contains the grain slie analysis obtained from the stockpile aggregate sample delivered to us by Ron Davis. Page 4 contains the average gradation of the five extraction/predations performed In Auguot of 1905 - on the City of Kenai•s street paving project of Mein Street Loop, Marine, Lake, f80, Granite Court, and Granite Pointe. Pagers 5,6, and 7 contain the design -� Mork sheets used for this design. U i "I 1 - , 2L J j -- CITY "CN OITUNINOUS NIX OESION February 14, 1906 DESIGN CRITERIA Property Mixture at Optimum Allowable Range (design results) Asphalt Content• 3.3li 3.3% 1 0.4% ' •by weight of total mix Unit Weight - PCF 130.0 none i Stability - lbs. 1660 700 Plus t Flow - 1/100 lncn 11 16 maximum Percent Voids Filled with asphalt 03.7 73 - 03 Percent Total Air Voids 2.3 2 - 3 Asphalt Mixing Temperature 200°F 2000 1 20OF Anti -Strip Additive 1/4 of 11I Chevron Double -strength some or equivalent Specific Orevltleo AC-3 Asphalt Cement - 1.013 Aggregate Gland - 2.706 300 DESIGN GRADATION Sieve else Cumulative Percent Passing Allowable Range 100 100 ' 99 90-100 64 79.09 04 62 07-67 010 42 40.48 020 31 ..-... 040 _ 22 20-20 080 1t 10-10 0200 6.3 4.9-8.5 was stir sain Arf AP9A9r• MIR 0-1 1 .1-1-, J-.-J �IIIr�WHIM H 1111111111111111111�11111111111111 IIllllrllll �1 =rr■/ii■m/rii/._ r//410110/104 googolit i11111111111 Ii��It111t1t1i■IItIt111A111 I��ill IIM IIIIIIIIIIII�M11111111111111111 111111 M1.11 � 1 _ 11III IIIIIIIIIIIIIIillllllllll=I�IIII�� �II�� �N� 11 I111 1111!M111111111111111111111111�11111�111 IIIIIIIIIIIIIIIIIIIIIIIIIMIIIIllllllllllll�lll P5 IIIr11111M111111111111111111111111111111111�:: I 1 III1111111I11111111111111IIIII IIIIiI!!:�ill�ll�l�l �II11111111111111111I11 ll jell l!�iI I1111Mlrlrllllr �IIIIIIIIIIIIIIIIIIIIIIIl,��iilillllllllllll IIIII /rr�r/r///r■////rjil��//t/t1//////////■//�/ //iin. :IIIIIIIIIIIIIIIillllllillllllllllllllllll 1111111 :I 111111111111;111111111111111111111111111 � I111111 Iillllllllli111111111111111111111M1111M1111111111 111111111!illllllllillllllllllllllllllllllllllllli ! 11111! 1111111111111111111111111111111111111111111 rr/�r•�r■/rr/N/M///��/r�r/r//r/� //■rr�r/////�//�/■ I � IIIIIIIIII I I II I i IIIII ii�iirr�Mr��/��r�����r���ri�i/i�ii//r/i//G//w//r/■ �Ittlltttlttttt/i/tttl■/tl/ti�N�t■ttttlttt■ ■Mtlt■ 1111111111111111111111�11111111111111111111� IAI11' Iilllllllllllllllllrllllllr 1111111111111111�11111' III111111 IIIIIIII111111111�1111111111111111111111 IIIIIIIII IIIII�II��IIINII�INN��I� �illll llllllil w.r,r.�www!rw*r rrwrw w.wr�rrir rrrriw rw�w�wr� ::::■■■■■■■rr�w■r�iir11�11111�M■w11M�IM�MM� �M�i■■�rr■■■■ ■�wrr�rrr�rr�rrrrrrr��AM��rM11�r�r1111r�■N�M11/11�rr��i ��■■tlrtt��l■!Nrt�■t�����r■�■tl�t�� ttttt�■t■ttti■ IIIIIIIIIIIMMIIIIAl1AlIM1Al1A111A1M�M11��11AwMM111 IIIIIIM11111111111 I 1 MIIIMI111111111111111111 IIIIIIIIIIII11111111�1��1111111111 IIIIIIIIIIIIIII . 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'■w. a.rurr�. w.r� ■*. ■■.: wool 010 rrrF�/RR/'rrlC�ErRRrSi*rCCZrrrr r7►,RRs■■r rrr rll0 .,rrRs■■RrMar■ Nr .�C■■:N■■r" ■ R/1!RI� t,i�rrrrwrr■r■rr��ClC� ■ •,1 = - X 1*1 �� TY OF SOLDOTNA RESOLUTION 86-16 (&a te#W Repwst rrm Cmvlllyf XhW Shaves Pfeoek) A RESOLUTION REQUESTING THE KENAI 130ROUGH TO FUND A VISITOR MOT ELAND ROOGRATTELMA ITH FINANCING TO BE PROVIDED BY A BOROUGH WIDE WHEREAS, the visitor Industry 1s a component or the econany cummun w all of the Kenai Peninsula; add, u� challenge WHEREAS u they dM erslty its economy to offset declining oil �e enuese And, WHEREAS, the Kenai Peninsula Borouggh, In particular, is encouraged to promote activities necessary to diveirslf� and increase its sales tax base to generate revenues to finance Increase operation and maintenance expenses of the Borough School District; and, WHEREAS, the Kenai Peninsula Borough's recent Tourism Impact Study documents a need to attract visitors from outside Alaska to the Ke i Peninsula; and, fY developingErotourism Indus ry both further dins del9d ou) economy Alaska; and, WHEREAS, certain economies of scale could be achieved If these endeavors could be coordinated on a Borough wide basis; and, WHEREAS, a Borough wide approach could address promotion of the Kenai Peninsula as a final travel destination through travel and tradeshows Ste ge� In Alaska and the other states, by creattln a staff level position to co note tourism with the local Chambers of Commerce, and by funding a professional media campaign; and, WHEREAS, this program could be financed by a Borough wide bed tax; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOLOOTNA, ALASKA: The Kenai Peninsula Borouggh is herebyencouraged to assume a ea ro a in the development and funding of a Borough wld� visitor Industry program. The Borough nssomoryy I9 n@reDr peu� u"vo',u V"a"c a j"WV w�oI and hotel"tax proposftlon on thallotfor the next respecial electlon thatould eneratevenues on the orderof3,000 per year to finance aetivitle contemplated by this Resolution. A N-a �I Resolution 86-16 ADAPTED this f� Jay of 1286 01 Mayor ATTES SCt y Clerk cc: or of Kenal M or of Home Ma or of Seward Ma or of Seldcvla FFrranti Mel1na Qev City ource D velocment Council N I FEW wow i i G- -tY CITY 4F KENAI ' •ill G apdal ad 4"" 210 si IM K[MA1. AIAIM 01111 TOMMotMl aa! • T03a MEMORANDUM 701 Kenai City Council FROMs Janet Loper, Planning Specialist SUBJECT: Vacation of Two 50' ROM's within R.M. Thompson S/0 OATEs April 24, 1996 Action Requesteds Vacation of 2 50' ROM's Petitioner/Owners Ethel 0. Henderson Kenai, Alaska (only address given) Locations Tracts A, Lute 1,2, 27-31, R.M. Thagoon S/0 Current Uses 1) Not developed, 2) buffer between two zones, 3) half dedicated access to Shoreline Heights S/D Proposed Uses Incorporate to create two large tracts Staff Cotaw tss Fr. Targonsky met with Administration and indicated the desire of the property owner is to create a private driveway to the rear of Tract A to provide access to several proposed residences on Tract C. The first residence indicated to be constructed would be directly behind an existing auto shop that was built last year. Should the vacation of both ROM's be approved, and while a ROV is available to Tract Co it is north of the area in question and is under separate private ownership and there is no indication of proposed development which would provide an access to Tract C. This leaves accese to Tract C by the "private driveway" only, through an industrially zoned tract. I KMC 14.20.130 (f)(3) addresses a buffer between reeidnntially zoned districts and industrially zoned districta end the Development Requirements Table - Additional Requirements A provided further reetrictiono of the name nature. By removing the ROW'a the Commission could be in violation of these two sections. The Commission reviewed the iesue and made the following motion: a0-� Linuiremento ommend approval of the reversion of acreage of Tract A including loto and 27-31 aloo recommend the vacation of the northerly 20' of the east/ ROW that Ilea on the south aide and the vocation of Ninilchik road h rune parallel to the Spur Hwy leaving a 30' road dedication. At the of platting the plat muot show conformance with the "Develoment TAble - Additional Requirements A" which nets out guidelines buffers between residential and commercial and industrial zones." This action will allow for a partial vacation to oatiefy the property owner, allows a ROW dedication for Tract C, and the required buffer for the Kenai Municipal Zoning Code. F PENINSULA CLARION RENAL PENINSULA BOROUGH PLANNING COMMISSION PUBLIC HEARING Public notice is hereby given that the following petitions have been received to vacate various utility easements and ri hts-of- way. The areas under consideration are described as foi owes 1. newest and Locations To vacate a portion of Iditarod root and the five (5) foot utility easement lying west o he R.O.Ur., within Murwood Estates S/ID, plat 1976-88. Sub sion lies south of Ciechanski Road and north of Bernie venue, Section 32, T5N, RIM S.N. Be Purposes eplat Blocks 3 and 4 of Norwood Estates, to create a Bette treet layout. C. Applicantss Dale fka Kenai, A a and Donald Bingha Eagle River, Ala a a. A. Request and Leeetions To vucato two (I) 50 feet rights- rM of -way within R.N. Thompson Subdivision, pplat IA-311 Section 86, MR# R12W, G.M., City of Kenai. Roadways to be vacated lie south-west of Kenai Spur Highway and north of Wildwood Station Road. B. Purposes To repiat Tracts A, Lots 1, 3. 27-31 into one tract. C. Applicants Ethel D. Henderson Kenai, Alaska Public hearing on these petitions will be held �y the Kenai ...Peninsula Borough Planning Commission at the scheduled meeting of April 14, 1986. The meeting, to be held in the Borough ;aministration Building in Soldotna, Alaska will start at 7s30 p.m. Anyone wishing to present testimony concerning these petitions should do so at this public hearing or submit written statement to the Kenai Peninsula Borough Planning Depprtment, P.O. Box 850, Soldotna, Alaska 99669. rot additional information, please -contact Sylvia Spearow, Resource Planning Department, 262-441, or Zenith 44�1, Kevin Pennon Planning DeQartment Publish 3x tNarch 31 and April 7, 1996) w 1 i j r O to pl a a M fl W N pOb f0 t�i t 0 1 1 1 JJ = ro syR• �+ n � OW d N ol 1 1 0 N a o W Obi 1 g Q O O IN O i. 5 I N c n • O W W W N O V1 O \ N • 1 N ~ N P. � 1 r' 9 y . � .� 0► O r ,� � V v f �� t o N o h1 w N o $ •roi o g .1 FA o r, a aM_q+O rI �ir --L- it g: p _ A W. 04 01 Nao o I Il ` ^ N h ' ' r yy' j 11 } ( tom•» - - - _: . CA0% tiP. % O aW4 `% 1 N P m0SNl ;i Q7 91 ? :- A 1 R l7 i. •+ u'1 i r �Ir• r s M t+ n � •;i? m z C 0 13 Ira 5 A N 7 1 1 rn C1 U 1r. R r r. r R •.r A IDiOlyf^f�• OCCi oru VIM CM y (9 P" r�+• R~ (A a M R ? N L• r"� R "n A ph O rf P. 1-r 0 U R R w A w R A rt0 0 A A ndto00 r. s 171 R R F'an�n «. •% � C� to r, r8•�C O O ry O O OD Li fOf w NOO~ a .9 R oa cu «t CO r• Of w D 01 C• r r11 a. 0 ca R A fD fD 0 • �+ O A AMi N M p r m a w c. r- • NI w co ..• w •i (w •� Y c , r. N .0 �i r. I w r, :1 re O U '• 0 0 Vi G.1 m .0 •1 0 '1 K ••• U g A L « t "I "Mo •Cr N V. N ZFA r f� Mn�.. ►N1� 15�M It (a CORID A r.A =C+ ''A37 N A 01^M MU R �•r b M !1 r0+p 0 tN r+ M I% N ti b 0 f^9 t� "1 3 ••+ M O ••+ R p. w 9 N �• N lb p- Co �O . MCn r. Z A O to 0 °C a) 004 ly N r�i. 0 Cw N U N 9 • C C R C1 p p•• ID •�w In 0 M FA a r+ O R a n 66. 0 p 0 A p t �• id.f9 NCA `C 00 N O rl R NID+ in c M • g 0 pR I� M r': r 1 N 10'IN Rd iii 1+ R p• � voft O N(1i U rA C LR M U •.• 11 U N«Oj ^ X, « IL N m A 4.1 I3.3 E E Carr /� CITY OF KENAI „Dll G�d�ltal o� �4�0�„ aaroiuAo KiNu,auuiu �n May 2. 1986 MEMORANDUM TOs Kenai City Council FROMs Dana Geretlauort Administrative Aooiston REs Lease Application - Lot 4g Block 1, CIIAP Wally Page The City of Kenai has received a lease application on the referenced property for a retail electronic business. The Kenai Advisory Planning and Zoning Commission approved this lease application of their regular meeting of April 9t 1986. The lend, which originally wee leased to Robert Borgen, was returned to the City of Kenai through a court judgement on Jenuory 24, 1986. At the time thu judgement uvo aignodg Lhe court neglected to enter an effective date of restitution on the udgement. On April 9, 19869 the City requested correction of his ommieeiont but to date we have not receivod a corrected judgement. In order to expedite thin leans applicotiong I would like to request that Council take action on the lesoo application pending final restitution of the property to the City of Kenai. /d i '1 e C7 "R CITY USU ONLY ip dwd - -� CITY OF KENAI �. P.O. BOX $10 • KINAI, AWKA • PNON1283.7533 LEASE APPLICATION ✓tom Name of Applicant V, gjt. t�_��_ //1 Addr000 lSo ,� Ve LV k Buoineoo Name and Addr000 Y .,AI: re ( S�ir►&rit 0* _ Kenai Poninoula Borough Saloo Tax No. (if applicable) State Buoineao Liconoo No. (if applicable) Telephone Lot Oeecriptionj%R� 1 �.e+ Dooired Length of Loeee d� Property to be ueed for 1 , S a a �.,..i1f Lam.._.. .�.--- r I/G'�IO AI i (4 • "A"i =. •g/y Doocription of Dovolopmonte (typo, con©truction, oizo, etc.)' i ■' LI'. r. I ,a A 'i- + . S ♦ r a l- rfl1,,. / - 5-�•rr l S a � ' S i ��.���� Vdair�cpy.' U 13, Q Ilmrirn.v1l Idad 1-diaa_. �rQra�C Attach development plan to ocalo 0" c 501), ohowing all buildings planned. Time Schedule for Prop000d Developments I - Beginning Date Prop000d Complet ion Dote ;"(, (,�� tT' Ig 1,L A. Eotimoted Value of Conotruction $ is[�nty�`4' Dates Signads iI Dates - Signodi i� IIj i� „I • 1 i .t , 1 C K BUILDING INFORMATION On thin ohoot oubmit o drawing of building plannodo drawn to ocale. -- � Scales 1" Pt . rfii4s..• Conotruction Materiels (wood framot oteel buildingp otc.) rrs.` nn 11-- l_��inc A� lrlc f%cfhi- �_-�• THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE n V - • [i� _ 44, t ' Notes If a proparod drawing io aubmitted, attach to thin ep `rication and diorogerd thin pogo, filling in Conotruction matoriale - only. 3 •TY, ` S? r,ar. • w �{� - t•�, 1 Ooacription of Proporty __ (&CA �,��,� y [���/✓� CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rote or coatr Zoned for _L,iQ�.f- T—^dllc�Y72.Q Permit a, required Aaaoaomonto kbxk. Inaurance required����,�/, Construction must begin by �— Completion daio for major conatruction THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Cgmmiooion Approvals Bys , Date of Approval Choi rman City Council Approvals By: Date of Approval CiEy or 4 L i P.7 - _ ------ - ----- 54 i, II •.tl•� �I;�II1) 1T I -- z;..- -1 K . . . . . . . . . . . . . . . . MINNOW if T-- =� 4�L Ln A."i Os e:p 03 Cc) xo z oz r, CO S a 0 Z" S z FE, C, m m -4 LA W AZ Ol cc > - z 1138 N33UV SNUSIX3 t 4-1 rf - ul tat . . ...... .... I o c 'r 1 „1 ,1 i u � . in CITY OF KENAI „Ord Cap" of 4" 210Il0ALO0 KENAI, ALASKA 19611 T!LlrNON1283•1531 April 23, 1986 Guncilmembee City of Konol Kenai, Aloeks 99611 Res Propoeed Addendum to Insurance Requiremento Car Rental Agenciee Dear Councilmembers I am enclosing a memorandum and a copy of a prop000d addendum to the car rental agency leaeoe in regard to requirements of Insurance for your perusal. Ana to the expreeeed concern of ear rental agencies at the Kenai Municipal Airport that the $I,000,UUU coverage for liabilities is excessively high, I requested an opinion from Waiters A Olson, the City of Kenai's ineurence agent to review these concerns and forward their recommendatione to this office. Upon their analysis I am submitting the enclosures to you with my suggestion that Council make a policy deciolon to lower ineurence requirements for these leaseo at the next Council Meeting scheduled for May 79 1986. In polling some membere of Council regarding this suggested lowering of Insurance requirements I have found that those that I have spoken with ere amenable to these changes at this time. I have informed car rental agencies that Council will formally act on the proposal at the May 79 1966 Council Meeting and I invited these to be in attendance and participate if they so desire (a copy of that letter Is also enclosed). Thlo information will also be included in your pocket for the May 7, 1966 meeting. Slncegely, CI_Y OFF-KENAI im RpgereTtonCAttrey TO/elf Enclosures `1 . CITY OF KENAI ear" 4 41a,j4a" n • 1 ; . MO RDAL00 KQNAL ALAINA 21611 TEWPNONE aW - M it 23. Car Rental Agencies Kenai Municipal Airport Ref Proposed Addendum to Inauronco Requiremente Car Rental Agencieo Gentlemen: Enclosed ploaoe find o copy of my April 22, 1986 Memorandum to the Kenai City Council Members, and a copy of the proposed addendum to the car rental agency leeaea in regard to requiremento of Inauronco. Due to the expre000d concern of car rental agencies at the Kenai Municipal Airport that the $100000000 coverage for liabilities is exceoeively high, I requoated an opinion from Welters b Olson, the City of Kenai's insurance agent to review these concerns and forward their rocommendatione to this office.. Upon their an alyoio I am submitting the enclosed memorandum to the City Council, along with a copy of the proposed addendum, with my suggestion that the Council make a policy decision to lower inourence requiremento for theoe los000 at the next Council Meeting ocheduled for May 7, 1966. I have polled some members of the City Council regarding this suggested lowering of inourence requiremento and have found that those that I spoke with are amenable to these changes at this time. The Council will formally act on the proposal at the May 70 1986 Council Meeting and I invite you to be in attendance and participate if you so doeire. If you have any questiona or comments, plonba do not hesitate to conceat thle office. Sincerely, CI i KENAI im Rogers City Attorney TR/clf Enclosures ant Nonni P1ry rnnnr11 Mpmhnrs C. �1 CITY OF KENAI „vd eat oj 4" noFIMM a mIft"" "oil --- nuFMe288•1e I MEMORANDUM FRO Tim Rogera, City Attorney City of Kenai TO: Councilmembero City of Kenai DATE: April 229 1986 REt Kenai Municipal Airport - Car Rental Counter Leaoso Over the poet few montho the City has been attempting to get Cheeple Auto Rental to bring their policy coverage up to $1,0009000 from $5000000 as required under the lease. During this period, oeveral car rental agencies Including National Car Rental and Avis, wrote letters to the City expressing concern that they were being treated unfairly in that Cheopie Auto only carries 600,000. These eame ogencieo expr0000d concern that the $19000,000 coverage for liabiliti©o is exceoeively high in that the Kenai/Soldetnn Airpnrtn nre the nsily airports requiring ouch "exorbitant" coverage. Soo the attached lettero from National and Avis. In order to resolve theoo problems and possibly prevent the eviction of Cheeple Auto Rental, which Incidentally Is the only locally owned auto rental have in Kenai, this office contacted Walters b Olson our insurance agents to get their opinion on the matter. They informed me, by way of letter (a copy is attached hereto) that it is their belief that the greatest exposure to the City Is the potential for promisee claims. They suggoet that the City amend the leasoo to simply comply with statutoryy requirements for automobile liability. Attached to thio memo Is also a proposed addendum to the car rental counter l000ee. 1 J r� It is my opinion that an addendum following AS 28.20.070 would be more in keeping with other oirporto around the otato and by simply specifying statutory limits of liability, the City need not amend Ito leeeee and codee every time the State of Aleeko stotutoo change. Both the lettero from Avis and National not out the difficulty they have had in acquiring the $1,000,000 coverage. These agencies do make it clear that a $500#000 policy Is available. C.R. Baldwin, attorney for Cheopie Auto Rental, oleo writes to expreeo hia concern that the $1,0009000 limito 000m exceeeive. Through my convereatione with Waltero A Oloon, it oppearn that a $500,000 limit on promioeo liability would not be out of line with the teat of the etoto and would enable Cheopie Auto Rental, the local concern, to continue doing bueineoe here in Kenei. Accordingly, I am auggeating that the Council make a policy deciolon to lower the promioeo liability limito and approve the addendum I have attached hereto. TR/clf Attechmento 2 L,. i `i „e e 3 :... Yx i L� Ar National Car Reritel April 15, 1986 A National Car Rental Alaska Sales and Service, Inc. 1300 fast fifth Avenue Anchmac%v, Ala4a ooyol 007.274•303 &J &fflA61%.0WAV%.r City of Kenai - City Attorney 210 8adalgo Street Kenai, AK 99611 Dear Sir 1 National Car Rental would like to voice our stand on the Josue of the City of Kenai Insurance requirements to operate in the Kenai Airport. it is true that Kenais, demands for $1.000,000.00 coverage for liabilities is exces- sively high and Kenai/Soldotua is the only area requiring such exorbitant coverage. National Car Rental has spent an unbelievable amount of man hours searching through- out the United Statue requesting bide from insurance companies and found they would only offer a $500,OOa00 policy. Extensive r000nrch brought us to "Green Valley Agency,' a member of the Travelers Insurance Companies which would provide us a 01,000,000.00 policy at double our last year insurance costs. This is an additional cash outlay over a twelve month period of approximately $219.000.00 in order to operate in the Kenai/ Soldotna area. Anchorage International does not require $1,000,000.00 liabilities, so that additional commitment of (undo wan merely to meet -your requiramonea. We now understand that there is a rental firm in the airport that can not meet those requirements and whose insurance elapsed months ago. Though I can appreciate his sit- uation and others to comet National Car Rental will pay out $219.000.00 because.of the contractual agreement requirements for insurance and we expect the city to sae that other car agencies also most your requirements in a timely manner. What we do not want to see is the city reduce the requirements after we have committed our8olvcs:to;0ur;.oaw policy to meet Kenai standards. We hope that the city taken immediate action in having the agencies "pay up or get out„ as is isn't fair for this to go on month after month. One other topic= as of yesterday. Dollar -Rent-A-Car has not paid their rent since the and of November 1985. Again, how much longer is the city guing to lot thin go on be- fore some action is taken? Row lenient and understanding of the city to allow tour months of unpaid back rentt If this to now possible for all agencies, National too would like to defer our rent and pay them whenever we have the resources to do so. We would appreciate your standings on those two topics and would like to recoi�� `let- ter am yo r office for our files. �9� S v �'� r , Bit o of • A atf 04m e G. of o ko . Kfiy,�l f IT40tant no ai Manager 'P4, ,urine ec 1 Airport Manager Affiliate,: tunipea►. A .,, - .11 .} q AVIS RUNT A CAP SVBTUM 61CUNo80 J 0Ox 6020, ANOW11AM, ALASKA 00007 / April 9, 1906 40011 243,4300 The City Council Go 71$A City of Kenai �C/�,v `4'p Kenai, Alaska 99611 It, Ladios and Gentleman: The City of Kenai has a requirement that car rental companies 919 carry vohiclo liability insurance up to tho limits of $1,000,000.00 Wo fool this requirement is oxcooaivo in that our rental contract as otipulatod by our licensor affords PLPD covorago of $100/300/50. Also, we have contracts with airports throughout the State and none require coverage in excess of that shown on our contract. Everyone is aware of the turmoil within the insurance industry. Car rontal insurance is a specialized market. There are vary few brokers who will take this business. Last July the second largest car rental insurance broker wont out of business as it lost its carrier. Likewise N3, and the largest broker had to cancel 374 of its clients as they could not place the insurance. The State oP Hawaii had to create an insurance pool for the small car rental operators who could not obtain any coverage at all. Rates for basic coveL";O, whQn it's availablA have gone up 50-100%. In our 30 years in this business we have never oxporioncod such utter chaos. Even if $1,000,000.00 coverage were available, the coat of same would be absolutely prohibitive and would work a tremendous hardship on a small company. This roquiromont dofinitoly diocriminatoo against the small operator and in favor or the largo corporate - owned rental stations who golf-inourc and are not affocto vagaries of tho insurance market., Your reconsideration in this matter would be groatly appr Respectfully, ALASKA RENT A CAR, INC.,. -AVIS-ALASKA �- B. M. ady DMA/cm � F— u I I, Walters & Olson, Inc. insurance ioeog Kenal Spur Hwy. 1pri1 18, 1986 F` Box 70 Kenai. Ak. Telex 25.249 907.283.5116 Tim Rogers City Attorney City of Kenai 210 Fidalgo St. Kenai, Alaska 99611 Re: Kenai Municipal Airport - Car Ronl,al Counter Lease Dear Tim r Thank you for the opportunity to review the documentation submitted to the Kenai. City Council at their last session. It is our belief that the greatest exposure to the City of Kenai with respects to the abovo-captioned loasos to tho potential of promises claims. For that reamon, we would recommend that the City allow the car rental agencies to satisfy the auto insurance Neatlon of their learion with at nt,utory limits of liability. I have onelosed a copy of section 28.20.070 - requirements as to policy or bond.' As you will noto, this Alaska minimum limito for bodily injury '.are $50,000 per perr4on and $100,000 per occurrence. The minimum limit for proporty damage is $25,000 - any one accident. By specifying statutory limits, the City will not have to amond the luaKeon to Include future changes in the limits. , Pleano lot me know if we may be of further asaistanco. Sincerely Kurt R. Olson ay enc lonure•n "I - 0 I ikl J SAPi;T1 RESYONSIBILIT1 ACT 9 28.20.070 or leased to the United States. this state or a political subdivision of this state or a municipality of the state; or 401 the driver or the owner of a vehicle W at the time of the accident the vehicle was operated by or under the direction of a Police officer who. in the performance of his duties, assumed custody of the vehicle. (11 8 eh 168 SLA 1989) Sec. 28.20.070. Requinments as to policy or bond Is) A policy or bond is not effective under AS 28.20.060 unless It is Issued by sit insurance company or surety company authorized to do business in this state, except as provided in Ib) of this section. and if the accident resulted In bodily injury or death, unless the policy or bond Is subject to a limit, exclusive of interest and costs, of not lose than $50.000 because of bodily Injury to or death of one person in any one accident and, subject to the some limit for one person, to a limit Of not less than $100.000 because of bodily injury to or death of two or more persons In any one accident, and If the accident has resulted in Injury to, or destruction of, property to a limit of not less than 825,000 because of Injury to or destruction of property of others in any one aceidene. (b) A policy or bond Is not effective under AS 26,20.080 with respect to A vehicle not registered in this state or a vehicle which was registered in another jurisdietlon at the effective date of the policy or bond or the most recent renewal of it, unless the Insurance or surety compsny (saving the policy or bond Is authorized to do business In this stab, or It the company Is not authorized to do business In this state, unless it executes a power of attorney authorizing the director of the division of Insneatue to accept service on Its behalf of notice or process In an Action upon the policy or bond .irising out of the aecident, (e) The department may rely upon the Information In an accident Mort As to the ellisbnce of Insurance or a bond unless the department has reason to believe that the information Is erroneous. M 0 ch 168 SLA 1059; 11 ch 148 SLA 1900;1 1 ch 202 SLA 1978; 1 12 eh 144 SLA 1977; 1 8 ch 70 SLA 1984) 188 Revised. 1e84 m lasb, MIA Publishing tlompsny tin rM a,f :-a2: ANKNOMCNT tO tEAS[ That certain leneo between the City of Kenai and •, dated •, and recorded at Oook to Pogo •, for Counter opens at Kenai Municipal Airport Is hereby amended to roflect that Paragraph 14 of the lease providing for insurance shall read as followee 14. INOCMNIFICATION A D INS110ANC►r Leeeeo covanante to save the City arm sou rams act ono, eultee, liabilities, or demoppes resulting from or sriaing out of anyy acto of comalselon or omission by the losses, his ogente, employees, customers, Inv/toes, or arininp from or out of the Le000e'o ocoupation, or use of the prom see deleted, or privilogeo granted, and to pay all costs connected therewith. Losses, at the exponoo of Lessee, shall keep in force, during the term of this agreement, Inourar,co looued by esaponsible insurance companies outhsrited to do bunineoo in Alseke, In forme, kinds and omounto no deter:ninod and directed by the City for the protection of City and/or Loeser. Ineuronee requirement hereunder ohall be subject to the sole determination of the City. Sold insurance may include, but need not be limited to insurance coverogeo Commonly known as, or similar In kind !o, public liability, peoduots lability, property domnge, Cargpo, aircraft, fire, workmen's compensation, comprohenslve, buildoro risk, and ouch other insurance coverage on deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cases where p000ible name City as Additional Named Insured thereunder and oholl contain a waiver of subrogation against the City. Upon opproval by Cityy of all insurance required, in the forme, kinds and omounto directed to be procured, L0000e oholl deliver all policy originals or duplicate originals and ondoreemento thereto to the City for Incorporation within thin agreement as attachment tnerotu. in any event, Leeeeo to not to Commence to exercise any of the righto and privllegeo grontod under this agreement until ouch time no all insurance directed and required to be furniohed by Leanne is in full force and effect . Le0000 oxproonly undoratondo and agreen that any Insurance protection furnished by Looneo hereunder ohall In no way limit its rooponoibility to indemnify end nave harmless Lessor under the proviolono of title agreement. No policy of lnournnue shell be Cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mall to City by tho insurance company. Until otherwise directed In writing by the City Noneooee Lessee shall provide certificates of insurance within thlrly i)0) days of the date hereof as follower Comprehensive General Liability Combined Single Limit (Bodily (11,000,000.001 Injury and Property Damage) L 500 `00.00 workmen's Compensation - Statutory limits Automobile Liability Combined Single Limit (Bodily toInjury and Property Derange) - 41,000,000.001 Statury limltn - AS 20,-20.070 *bracketed material Is being deleted from text, underlined material is being added. If a L P (� c 3 (Aircraft Liability Public liability and property damage (combined with single limit) with no sub -limit for passenger liability $10,000, Notwithstanding anything to the contrary, 1f La• fails or nagloot• to secure required lnsursnoe oc if said oI policies are terminated, altered, oe ol�u�ged in any man aocaptable to the City, then and In the! •vent this lease cancelled and terminated, without ponalty, on five (!) day written prior notice to Lesase. LCSSORI CITY OF KCNAI eyl City Manager LESSf61 :Y1 ;. STATL Of ALASKA THIRD JUDICIAL DISTRICT 3aa THIS 18 TO C/RTIfY that on this day of 1906, , being personally known o me having pro uoe es • so orrr evidence o1 Identification, a before as and soknowledged the voluntary and authorised an of the foregoing Instrument. o sry ublic far AU41i• My Commission CKpireeo STATC OP ALASKA ) Sea THIRD JUDICIAL DISTRICT 1016 16 TO CCRTIfT that on'this day of 1986, N1LLlAM J. 8R10HTON, City Manages oT the CiEy o e Alaska, being personally known to me or having produced �` satiefsotory evidence of identification, appeared before acknowledged the voluntary and authorised execution of the foregoing Instrument on behalf of said City. Notary Public for Alaska 4 My Commission CNpicest ,p.e� LV�,/' •be•ok•t•d material is being deleted from text, underline material is being added. JC=ko a LU opt • �. 000.001 ass polioy ner may • n me .u� I � o � i not be of ppeared soution i .�q eta end = ' 1 �y d r 6r-17 CITY OF KENAI %Od ed�al o f r4"" MOR1MWO KNALAUMM NNI TKA!/NON!!!!•ri!! j i f i April 24# 1986 44 = TOt Council �►/ �. n !lIHHH � FROM Janet Whelan pi✓"'_ { City Clerk .I0REs Secretarial Help - Comm. 6 Comm. I have contacted State Job Service and p `• _ Service, Be well ao reviewing this with =u I listed the qualifications for the job Typing 2 - Uoe of recording equipment 3 - Willingneae to attend meetings 4 - Ability to work nighto and oar •`'-� g - Some knowledge of meeting pros At r _ ardor etc.) sue' 6 - Shorthand (deutrablo) 7 - Una of word proce000r (deoirab 8 - Average 20-30 houro per month j Job Service euid the pay would range fr a11.00 per hour, in privato buoin000. range of $10.00 per hour for Clerkog no l secretaries with ohorthond training are no longer taught in the Community Collo contract rather than o "Kelly Girl type ryi be the some peroon each time and would Finding a person willing to work nighto there are many willing to augment their Job Service felt our qualificotiano ao more opecialiaed individual, the recom hour range. They would be able o arrn us. Ltin.f) t. is F, d 4 t. eninoulo Secretarial Finance Director Brown* ea follower at short notice eaionel day meetinge eduree (motionep ruleo of le) am $6.00 per hour to The State pays in the ohorthond. They atreeood difficult to find. It is go. They recommended a " arrangemontI so it would not require re-training. would be relatively easy, income with evening Jobe* lioted would require a mended in the $12.00 per nge a contract boois for — r1.t, 13 „i I i A F ng figurcat a every other month, 2 houro each per month, 2 houro each month, 3 houre each th, 2 houro month, 2 houra baeiot minimum of 15 houro per month for ,Ing minutoo would be an average of 15 tour, 15 houra $180 Month in hour, 15 houro $180 Month $360 Month commieaion meetings, and four ieeheduled beulbp I eAnnnt ace how it a 30 hour beele. I figure one hour of hour at a meeting - including "TO DO" se, typing, editing and printing. The iot include the four committees not Co. Dad from Finance Dept. on cooto of r part time. ice is not net up for thin service, who provided this oerviee, her ehergee ing attendance, $15 per hour to of per meeting* ork within the office of the Clerk, the rooponotbility of the Clerk's worked out. I r) i 1 I G RN l� " 54 F O V ,{ n - n d. F 07 ►2 Suggeotod bys Adminiatretion CITY OF KENAI ORDINANCE NO. 1176-06 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $84,169 IN THE GOLF COURSE CAPITAL PROJECT FUND. WHEREAS. the City of Kenai hoo received construction bide for completion of the Golf Courao Project that exceod the current appropriation by $84,169, and WHEREAS, sufficient funde are available in the 1985 Road Grant to be tranaforrod to this project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following incr0000 in oatimatod rovonueo and eppropriationa be made: Golf Course Ca ital Project ncreeae Eatimated W-evenuoui 1965 Road Grant $840169 Tnerpona Appropriationu . Construction $840169 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of May, 1986. AT TEST: ano ho en,i ty Fl orc Approved by Finances.& Firot Readings May 79 1986 Second Readings May 7, 1986 Effective Dates May 79 1986 L li Feed MeW Real Esto a Pope ft, Ltd�_�_�� 36W SE. 22nd Avenue P.O. Box 42121 Poolond, Oregon 91242 { May 1, 1966 Me, William Brighton City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 Res Lease of Airport Lands By And Between the City of Kenai and Fred Meyer Real Estate Properties, Ltd., dated July 8, 1988 Dear Mr. Brighton: Representatives of Fred Moyer Real Estate Properties, Ltd., (Fred Meyer) have discussed with you and officials of the Citof Kenai, Fred Meyer's concern over the numerous reports wgich have been disseminated, discussing work forgo reductions and plant closures as a result of the current oil industry crisis in Alaska. Tn Moir rren+oqs nejotiA*t,%na with the City to acquire the right to develop a retail Fred Meyer facility on this prupeLLy, Fled Meyer indicated that the development scheduling for the initiation of construction would begin in the summer of 1986 and be completed by Juno 30,1987. Paragraph 53, page 13 of the lease requires that this time constraint be met otherwise a default of lease shall occur and the City may terminate the lease at their election. in monitoring the current economic climate in Alaska and our existing retail facilities in Fairbanks, Anchorage and Juneau have serious concern in developing a retail facility in Kenai this year. We feel that a stabilization in the oil industry will occur ai as a result, the economic picture for the Alaskan economy wil. once again be that of a thriving economy. it is not Fred Meyoo e desire or intent at this time to terms the lease agreement and abandon the project. However we sane, meet the development schedule as required in the lease agroom t+.d Ltd dcow of Ire F F Mro william orighton May 1s 1986 page two in an attempt to resolve thio iaouc we will requoat the City of Kenai to agree to a time extension of the development schedule to allow for a strengthening of the Alaska economy. We will of course fulfill all of our financial commitmento and honor all other lease provisions. Very truly yo'ural Roy M 7 !itman Director of Store Developmont and Real Estate RMWepae 0-1 F N-/ CITY OF KENAI "Od G;apd 4 4".. 1110MQAL00 MWAbALAIM M11 VDA M 11111i ."35 April 25, 1986 MEMORANDUM TOs Wm. J. Brighton, City Manager Tim Rogers City Attorney FROMs Dane Gerstlauer, Administrative Asoistant REs Meeting with Howard Smith 6 Floyd Pattieon of FAA to be held on April 30, 1986 in Anchorage At the meeting with Howard Smith and Rues Oyster of the FAA, held on April B, 1986 with Bill Brighton, Randy Ernst, Dana Gerstleuer and Tim Rogers, several concerns were expressed by the FAA in regard to our land disposal ordinances REGARDING LEASING OF AIRPORT LANDS 1. The FAA would like the City to follow this procedures a) Once a party hoe expressed interest in a piece of property, advertise the property, requesting proposals. Proposals would then be reviewed, end if they met the zoning requirements of the lend, theyy would be accepted as proposals. A bid date would be eat and the property would be leased to the highest bidder, with 6% of the appraised value being the minimum bid. Ile NOTES What role do the Planning A Zoning Commission and ouncil take if the above procedure is followed? Would both Q the Commission and the Council review all of the proposals prior to the bid opening? If not, do they review the Us of the successful bidder? We only have 6 lots at the present time that are subdivided and available for leasing. We have an additional 6 Iota that are available for lease, restricted to aeronautical use only. r. r� 1 _i t � - - -rV. I - -- a.. I i .I • 1 REGARDING COMPETITIVE BID SALES 1 The FAA objecto to our "preference right" clause in our advertisement that allows the initiating applicant the right, if he is not the auccoeeful bidder in a competitive bid sale, to moot the high bid within g days. NOTES I don't agree with their objection and feel that s nce we began including this clause in our advertisements, reoponee to bid requests have incrosoed. I don't feel that It chills the bidding atmoophero, as the FAA hoe suggested . When we left our meeting on 4/8/860 the FAA legal department was going to speak with Tim Rogers and discuss the matter. As for no I know, they haven't. REGARDING NEGOTIATED SALES TO LESSEES 1. The FAA wants to see a 2-year lease requirement prior to the right of a lessee to negotiate a sale. The City drafted an ordinance as s result of our meeting on 4/6/86 which incorporated our discussion comments from the meeting. The and result would be that a loosen, would have to lease for a minimum of two years or until the development as outlined in hie lease wee complet—M. This would eliminate the "substantial improvements" requirement currently contained iii Lice c000. NOTEo This sounds to me an, though it would work well and e�iouldn't csuoe a problem to moot lesesee or developers. An effective dote should be defined in the ordinance (the draft soya June 1, 1986). We have a lease application pending at the present time that may be affected, depending upon the date of enactment of the ordinance. I've attached a copy of the land disp000l section of the code, the draft ordinance for negotiated sales, and a copy of the form we currently use to advertioe competitive bid sales. b 1. 1 .01 _4- DATE RE v ow CITY OF KENAI At0R101AW0 KRNAI.ALAfKA Nitt TILIP oN1263-MI MEMORAIDUM Ti� Rogere, City Attorney Ci y of Kenai Councilmembera City of Kenai April 239 1986 Preli-.iinary Findingai Bed Tex •'W QUESTION PRESENTED - May the City of Kenai enact a bed tax? Short Answer - Yea, if certain procedures are followed. A roviuw isen boun Laken ►ulowwoL to Alaska Stntutea and appropriate cases to determine whether the City of Kenai could validly enact a hotel/motel ("bed tax"). One Alaska ceoe deolo specifically with the Issue of bed taxes within the context of the Alooke statutee. In City of Homer v. �Caang_lp 650 P.2d 396 (Aleake 1982), the Alooke Supreme Court e�ruck down Homer's bed tax. The ceoe originated in 1979 when the Homer City Council adopted Ordinance No. 79-19. The ordinance provided for a levy of a tax on transient hotels/motel room rents, equal to five percent (9%) of the room rental for the first seven deye of occupancy. In and of Itself# the Homer hotel/motel room tax mirrored many hotel/motel room taxes presently in effect in the Lower 48. At the time the ordinance was adopted, the City of Homer wee a first-clese general law city. At the time, the Borough had a two percent (2%) sales tax for areowide Borough functions on sales, aervicea and rents, inoluding hotel/motel rents in the City of Homer. 1 :-M a The Superior Court, in o oummory judgment action, permanently enjoined the tax and the moniea collected under the ordinance wore ordered returned to thooe who hod paid the tax. An appeal and crone appeola to the Supreme Court followed. The Supreme Court upheld the Superior Court and concluded that the bad tax imposed by the City of Homer woe in feet a oolea tax and therefore subject to otatutory requiremento and limitotiono on salon taxoo. In the opinion, there in a eonaidurably long diocuooion of why the Supremo Court felt that thin woo a oeloo tax an oppooed to a general tax. The r0000n io not too important at thin juncture, the important fact being that the Court did conclude that it woo o solea tax and therefore oubject to certain roquiremento and limitotiono. Becouee the Court concluded that the Homer tax woo a soles tax, the Court noted that the tax would therefore bo oubject to AS 29.53.440 (now AS 29.45.700. Thin etatuto roquiroo the City to levy a onloo tax on every source already taxed by the Borough or none of all. Aa the Court pointed out: "The City can't pick and ch000e. If the Borough levloo onion tax on Iteme 1 through 10, the City can't nay, well we're only going to ch000e Item 7 and levy a eeloa tax on that. The City must levy on Items 1 through 10, or not at all." The Court found further support for thin proposition in the legislative hiotory of AS 29.53.440 and through standard ruled of otatutory eonotruetion. The Court oloo ouggeoted that under the statute, it in impormiooible for the City to tax one item that the Borough in taxing at a rate different from the City'e taxation of other itomo. It ohould be noted that to dote the City of Homer hoe not enacted e now bed tax to replace the one which the Supreme Court struck down. However, in the City of Kenai's cane, there to much to differentiate thin city from Homer. Unlike the City of Homer, the City of Kenai in a homo-rule city and hoo home -rule powers. In thin roopoet thong the Gen 1 caeo in not applicable to the City of Kenai becouoe under TWo Teske Statutoo governing homo-rule limitotiono, AS 29.13.100 (limitation of home -rule powera), a homo-rulo city like Kenai le not required to comply with AS 29.53.440 (now AS 29.45.700(o)). Thin in the ototuto that roquiroo the City to levy a ealee 1 every source already taxed by the Borough or notie st all. 2 M rrr � r.. Absent any other Kenai Municipal Code provioiono, Alaska Statutes, or Kenai Peninsula Borough ordinances, the City would be able to enact ouch a soles tax so hoe been ouggooted. There area however, code proviniono which the City has enacted which place limitations on our home -rule poworo not imposed by any Alaska statutes. KMC 7.10.050 provides thatf "Incorporated by reference in this code as though each code provision wee oat forth verbatim herein are otatutea, eoneistinq of ordinances end/or code provioiono of the Kenai Peninsula Borough or ouch portions thereof, which provides for the ooloo taxoa, including but not limited to their levy, collection, and adminietrstion." The effect of KMC 7.10.050 is to give buck to the Borough some of our home -rule powers, which we were not prohibited from exercising under the Alaska Statutes. Accordingly, any attempt to enact a bed tax would necessarily require some rearrengment of this Kenai Municipal Code provision. Once thin provision hoe been modified, the City could proceed to enact o bod tax. One of the initial points of contention will be whether the City can exceed a six percent (6%) limitation on its sales tax. At least one source (The Alaska Blue Book), concurs that a home -rule city may enact ooloo toxoo in exceoa of the six percent limitation. The raauuoi for this iu alwpla. A" 27.45.-,GG provides the power for the citieo to levy a sales tax. Subparagraph (a) of that statute provides thotf "A city in o borough that levies and collecto area -wide sales and use taxoo, may levy orlon and use taxes on all eourcee taxed byp the borough, in the manner provided, (empheoia added) for the boroug o oxcept that he assembly may by ordinance authorize the city to levy and collect salon and uoo taxoo on other eourceo." The key words in that stotute are "in the manner provided for boroughs." This provioion forces a city considering a levy to refer to the borough soles and use tax procedures under AS 29.0.650. Both of th000 two statutes are the statutes which were discussed in Gon91 and are now in recodified forme. Under AS 29.45.650 (formerly AS 29.53.415)9 a borough may levy and collect gales taxes not exceeding oix percent. Because the Borough cannot exceed six percent (6% the City cannot either. The reason neither of theoe statutes apply to the City of Kenai in because the City In a home -rule city, and as previously explained, under AS 29.13.100, the City is not prohibited from acting in a manner outside thoeo etatuten. Accordingly, I would conclude that the City may levy and collect a oalee tax on beds. 3 it is important to note howovert that through preliminary discussions with the Borough, should the City of Kenai enact 9 bed text the City will have to collect the tax itself. It dose not appear at thin time that collection of ouch a tax would be very difficult. The question hoe also been reload whether the City would require a special election to enact a bed tax. For the some reasons expreeeed above in regard to home-rulo powers, AS 29.53.420 which requires referenduma for increasing borough osleo taxes, would not apply to the City aboont any other proviolon in the Kenai Municipal Code. If KMC 7.10.050 were modifiod, there would be no need to have a opecial election on the matter. Flnally, it is important to point out that if the City enacts a bed text it will likely be chollenged in Court. Thie memorandum only address the home -rule ionuo which appeorn to allow a bed tax in excess of six percent. The low in thin area ie for from settled and thin preliminary opinion should be considered subject to revision if further developments are brought to light. TR/clf WMM 4 C CITY OF KENAI I „od cap" aj 00011M 00 WMA1.AUM N611 � TIlL!/MON! t�! • !N! i MEMORANDUM v FROM im Rogern# City Attorney IC ty of Kenai TO1 Jonet Whelan, Clark City of Kenai DATEi May 1, 1966 RE: Telephone Poll On April 28, 1986 I conducted o telephone poll to the Council membero in regard to a budgot tranofer to be made of $19100 needed to be placed in the Legal Deportment Advertising Budget in order for the Notice of uofaulL and Selo documontn fnr the throe Lowry pareelo to be publiohod in The Poninoula Clarion. The following vote woo hoordl Bailie - Yea Hell - Yea Monfor - Yea Meooloo - Yes Wagoner - Unable to be reached. Wine - Unable to be reached. Aekorley - Unable to be reached. TR/clf va 4A. ; W. sSyu:: 77 YM- V. .7i T n.: X C J Jaron & Associates April 21,1966 To: Kenai City Council Members From: Janet Jaron rOA_'"'"�r Through: Charles Brown The attached are two of the products of my April meetings with the City Manager, Finance Director and other Department Heads. Employees whose positions are in the Study and their respective supervisors will be asked to complete the enclosed questionnaire. This form provides the necessary information for evaluating Jobs. In addition to the forms, a sample of employees will be Interviewed In June in order to collect additional Information about the work being performed. The other attachment Is a detailed workplan that outlines whet specific step-4 will be taken, who will do what, and how Information will be conveyed to interested particz. The Study from start to finish is a five month process. Part of the reason for this is that most of the steps are sequential rather than activities that can be dwie concurrently. This means I must "wait" while the City performs certain steps, and the City must "wait" while I complete other steps. The second reason Is the amount of time it will take to evaluate all the questionnaires, group the positions into meaningful classes and write up the results. Rather than five months being a long time, it is the minimum amount of time needed to do a credible job. You'll notice that, In addition to monthly updates, there will be a presentation to the Council when the Study is complete. I'111ook forward to meeting with you at that time. P.O. ' Hox 747 Douglas, Alaska 99824 71 0 •.r IS v, (907) 3"3510 i A 10 CITY OF KENAI POSITION DESCRIPTION QUESTIONNAIRE elli TO THE EMPLOYEE: This form is tocolleat information on work being performed for the City. Along with empiayes Interviews, it will be used to write elms specifications for each type of job In the work force. Please take time to give s complete end a0curete dW4Ptlon of your work. Extra paper can be stleM if you need more room to complete any sections of the form. Complete If 1 through N 17 of the form. Your supervisor or other designee of the City will complete V I a through 026. IDENTIFYING INFORMATION I. Name 13. Department 2. Current Title of Position 4. Supervisor's Nome Instructions for 06 and 06: Examples of Om via Pear nuty Stetement11 Poor Statement flood Statement Assist In handling correspondence. Receive, open, date stomp, sort and deliver incoming mail. I fix equipment. Check mot Mnd equipment whlCh Is malfunctioning and identify problems. Order ports needed for repelr. Replace parts, lubricate and test for proper performance. Record work done on maintenance records. Do general kitchen work. Clean and out fruits and vegetables. Make $alad dressings. Wash pots and dlshes and end store utensils and fooQ Once or twice a month bake cockles and makes. PdCoffAmes In the left hand column of page 2 estimate the percentage of time you spend performing a particular duty. To determine the percentage, think of your job In a time block, Such as a day, a week, a bl-weacty period, a month ore year. Within this time block estimate how much time you spend performing each duly. For exempts. Say ' You ependone dey each week writingdwAs and entering payments into ledger. Slmplydivide the timesparoono the duty by the time block: 1 dWdivided by 6 days (1 week) "Wls 2OZ. (Leave 111111100 blank) 0 • P a 7. Name or describe any special equipment or materiel you use. List vehicles, handaxi power tools, office equipment and Instruments. & Whet reference manuals and written guidelines doyou have? Examples ere procedure manuals, trade practices and atanft*. oodes and laws. 9. Dovou have any responsibility for deciding whet procedures, Im rules, etc to be followed In ywwk or the work of others? Little or none Soma Agrestdeel U Plemeexpleln. 10. Olve examples of reoommendations you make related toyour work. 11. What work actions or decisions do you make without prior approval Include setting up a filing system, selecting materials, choosing epp 12. Olveexampl aof when you ask your supervisor for advice or quids might be; when you do something new, when you need more Inform might to oontroverelel, etc. 0 �. �_-= _ - 20. Indicate any exception or additions to the employee's statements. 21. Explain thetvpe of supervision or guldenoe given this employee (Doyou, for example, check all tM employee's work or only spat-dit it? Does the employe Complete regular work without eupervlstcn? Does theemptoyee help plan how the work will be done?) 22. List what you oonsider to be the desired education, experlern and/or speolellxed training needed to be a wnpetitiva applicant for this Jab. Underline those things listed that are absoiutely required rather thMde,Irwd Education: Length & type of experlenoe: Special licenses. registration or certification: Alternative aombinetlons of the above: 2& OWN any tralning required after hire before the employee Den fully perform the Job, 24. 1 oertlly that the entries on these pages We accurate and complete with the Maeptlons noted In •20. signature Date OPTIONAL USE 9Y THE NPAQTME T HEAD OR CITY t1 Mg 26. Indicate any exceptions or additions to the statements of the employee or the Supervisor. 26. 1 Certify that goentries on these pages ere accurate and oompletewith theexoeptions natew MOPS Date L aI F �t 1 •F t , ry .fA ' � S I ff _...L r _= i � - A..._ -` - Lk i -_ jI J -1 #-6 CITY OF KENAI %od cap" o/ 4",. I10RUM 1011M,AL"M Into TILOMOM1913.7133 MEMORANDUM TOr City Council FROMt Janet Loper, Planning Specialist SUBJECTi Public Testimony Concerning Clooing Municipal Perk 8 Cunningham Park to Overnight Camping DATES May 1, 1986 As instrim+ae1 by the City Cuuiri.il, the PI-3nnlnn Commission held a public hearing on April 29, 1906 to receive testimony concerning the closing or parks to overnight camping. The Commission requested the public hearings be continued as indications from those speaking wore that the notice was too short and many other persons desired to be heard. A second public hearing notice wee published, the hearing is to be held at the next regular meeting on May 14th. A report is forthcoming. 3i"-�'-_ 3.t�:LI�S-�. r. - ij . , t o KENAI PLANNING A ZONING COMMISSION April 9, 1906 Kenai City Hall Lee Lewis, Chairman 1. ROLL CALL Presents Lewis, Bryson, Carignon, Oleoon, Osborn, Smalley, Absents Zubeck# unexcused 2. APPROVAL OF AGENDA Chairman Lewis indicated Mr. Dale Sandahl wished to be heard under item 10. Item 10 will be moved forward to the next agenda item so Mr. Page is not in attendance Agenda approved with amendment 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD g; Mr. (laic Sondahl - One Stop Convenience Store�Than eon, Pack Dale Sandehl, 404D Lupine Dr. - this Is the, I guess what could be termed as round three in the continuing effort to take a look at the potential business that's being planned for Thompson Perk and much to the chagrin of the residents of that area, we're trying to do some- thing about it. Between Thompson Place and Lupine Or. there is property commercially zoned, and there is a proposed convenience store, package liquor stores and gas station that Is planned for that area. Now the reason that we're here tonight is that we attended the Council meeting last Wednesday evening I believe it was the Council's recommendation that we, go to planning A zoning and act pretty much at their advice and direction that's why we're here and as a pre- cautionary measure we also went to Landscaping last night." "There are a couple of things that may or may not have anything to do with planning A zoning but, not knowing the full functions of this group I would like to take some time to go through about 11 points and please beer with me if one or two of those points don't have anything to do with planning or zoning. There are several things that the residents of Thompson Park are concerned about relevant to these particular lots and the business that's going in there. That has to do with the positioning of the access road off of Lupine and Thompson Place road• and the access roads to the commercial property would be off those two city maintained road• as opposed off of the Spur Hwy* as indicated on th" existing plot plan. L L._ „ja 1 ;u ,1 =i� r PLANNING COMMISSION April 90 1986 Page 2 Second is the positioning of and the inclusion of gas tanks in whet is primarily a residential area and apparently, according to the owner and builder those otandardo are all right but we hove no idea of knowing that at thio point. We're concerned about the positioning of the septic system, relative to the residential iota that are in that area, as you are aware Thompson Park has experienced some septic and drainago problems in the poet. We're concerned about the apparent conflict concerning the zoning of adjacent properties between the City of Kenai and the Kenai Borough and ea a point of interest I would point out the. I think that talking to some people at the city office and then checking with some of the land owners and checking at the Borough, apparently there has been some problems associated with zoning in that area where one may have It zoned commercially another one may have it zoned as a residential piece of property you being the experts, and us relying on the Borough as well as experts I don't know what the situation is. There's concern about the buffer zone proposed by the owner on all sides, that's the north, east, weet and south, highway on one aide uhcrc therc'a a good uLnnJ ui Lreee and uit Lire utiter side we have two roads Thompson Place end Lupine. The back side is the Phillips residence and the buildings will go right up next to the residential area. Residents are concerned about an apparent potential safety problem, again access to the property off Lupine and Thompson Place es Indicated and I would make a special request at this time, I would request Planning 8 toning, if it is your responsibility if you would please request public works to examine those two roads to see if those two roads would beer the traffic of such a business. Incidently the Chief of Police lives in that particular area that comes at his request as well. Item number 8 the apparent problem that no committee group, council, dept. of education, city administration, at this time seems to be empowered to make a decision relative to commercial use of property that may prove to be a safety hazard to residents as well as general public relative to gas tanks, septic systems, access to property, businesses that may not fit into a certain residential areas and the associated problems that go along with that. And if there is a group that is empowered to do that and Planning 6 Zoning people know of it we would be glad to hear what that group is. To our knowledge right now, everybody has a little piece of the pie but no one can make the ultimate decision. to V i , F PLANNING COMMON April 99 1906 Page 3 Number 99 the alteration of Thompson Place Rd. is a concern. It was placed in writing to the owners, they said that this alteration was designed to enhanco the surrounding properties when, in facto this alteration plus the proposed commercial venture will lower property values in our estimation. Number 10 and I think this is important for you Landscaping people last night postponed they decision on the proposal because as you look at the intent of what to called the Landscaping Ordinance by the City of Kenai, 14.24.0109 it specificallyy states that when considering, such a business or whatever is to be put on ouch a piece of property, it is intended to enhance or to maintain the property values within the City and I don't know if we have copies of that or not, but are you all familiar with the ordinance, Chairman Lewis answered, we are familiar with it. There is also concern with no water in the area other than wells and the proposed gas station located adjacent to the residential Iota, another safety argument must be addressed. And so I guess at this time one critical aspect is that again we would ask you to request public works to take a look at those two rondo and see if they will No" the traffie er.A t would like to call on Spencer DeVitn who has just a couple of comments". Spencer OeVitoi I have a couple of documents have and the last one I will save for you because I think its got quite a bit of clout. In regards to the landscaping regulation I'd like to read it and not to be redundant, just to remind you what it does oey, it is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with the development within the City of Kenai, The general principal of landscaping is to visually enhance the city's appearance, that in no way will visually enhance the city's appearance in a residential area. It says to maintain, it will not maintain, it #eye to increase property values, it will not increase property values. And it will certainly not reduce erosion because one of the reasons that road Is there is ecsuse we had erosion and storm runoff problem. Now to carry that along a little farther, when the city came in and requested to rebuild the road, they needed a piece of my property. I had a valuable piece of property which wee not exposed to the highway, there was an excellent buffer zone in that particular area and giving that to the highway meant that there would be more exposure. I was very reluctant to do that and I did not sign it off to the highway. Tim elapsed, the highway got back to me and I think I have a very critical letter have that I want to @hare with you after I try to explain what happened. :y „•5 „•5 N - L N 1 ,K W� f r. tf r i PLANNING COMMISSION April 9, 1906 Page 4 The old road went from my piece of property to the Spur Hwy, The City sold we would like to straighten this road out to make it a good entrance. And I said that we will lose a great deal of privacy, yee, but you have a little drainage problem right on this side its been with us for several years, the City is always working this drainage problem. On this piece of property that belongs to the Johnoone, several years ago there was a drain pipe that won put through their front yard and now a ditch has been constructed so that the water will run from this piece of property end down through this drainage ditch and through their property and over the back of the bluff. To shorten this story I said I will give you this piece of property, promise me that you will have some trees planted there and I don't want to lose the property. And it come to a question of whether it was a ROW or on easement. I just cams from the lawyers 15 minutes ago and I said this Is what's happened in the City of Kenai. The City of Kenai has a letter that they sent to me and its addressed 9/1/8/84 and here's what it says, "please find a copy of storm drain discharge easement and the street easement no discussed with you during that discussion" and I have witnesses we discussed about planting trees in that area the city has not done that and I understand that this is Pit an easy teak so we haven't made too much about that. Our buffer is gone. They did a fine job the road io excellent, the letter goes or., "we havo changod the wording of the street easement as requeotes;, this easement does not decrease the square foot of your lot," the reason why I didn't want my lot decreased is because I went to the Soldotna Council and told them I wanted to put in a duplex and they said you can't put a duplex on that many square feet. Well I never dealt with Kenai because I do Blot of business in Soldotna and at that time I didn't went to Inoue my sgiip*.e footage because in the event of putting up a duplex or wonting to do something in there I wanted to have adequate space. This says and its specifically written to me, "the easement does not decrease the square footage of your lot", furthermore so it is only an easement and not a ROW dedication. Now since that is not a ROW dedication, zoning and planning has no business coming off from my piece of property and putting in a road in fact my lawyers says that I can perk a trailer on that piece of property and just give a ROW to those people that live in that district. Now what I'm saying in I think we've got a problem. We have had a problem with the ABC board we've had a problem with Improper hearing, we've had a problem with out going to notification, neighbors were not called, neighbors were not notified, and it goes on and on. We've had an extenoion, I have a letter here from the lawyer and a letter signed by Tim Rogers, City Attorney, that says, there is an unresolved issue whether the existing zoning of the property encompasses the application. The application would allow a package liquor store with the exception of general commercial propertyq I've got several documents that say there's always on issue, there's always PLANNING COMMISSION April 9, 1906 Page 4 The old road went from my piece of property to the Spur Hwy, The City sold we would like to straighten this road out to make it a good entrance. And I said that we will lose a great deal of privacy, yee, but you have a little drainage problem right on this side its been with us for several years, the City is always working this drainage problem. On this piece of property that belongs to the Johnoone, several years ago there was a drain pipe that won put through their front yard and now a ditch has been constructed so that the water will run from this piece of property end down through this drainage ditch and through their property and over the back of the bluff. To shorten this story I said I will give you this piece of property, promise me that you will have some trees planted there and I don't want to lose the property. And it come to a question of whether it was a ROW or on easement. I just cams from the lawyers 15 minutes ago and I said this Is what's happened in the City of Kenai. The City of Kenai has a letter that they sent to me and its addressed 9/1/8/84 and here's what it says, "please find a copy of storm drain discharge easement and the street easement no discussed with you during that discussion" and I have witnesses we discussed about planting trees in that area the city has not done that and I understand that this is Pit an easy teak so we haven't made too much about that. Our buffer is gone. They did a fine job the road io excellent, the letter goes or., "we havo changod the wording of the street easement as requeotes;, this easement does not decrease the square foot of your lot," the reason why I didn't want my lot decreased is because I went to the Soldotna Council and told them I wanted to put in a duplex and they said you can't put a duplex on that many square feet. Well I never dealt with Kenai because I do Blot of business in Soldotna and at that time I didn't went to Inoue my sgiip*.e footage because in the event of putting up a duplex or wonting to do something in there I wanted to have adequate space. This says and its specifically written to me, "the easement does not decrease the square footage of your lot", furthermore so it is only an easement and not a ROW dedication. Now since that is not a ROW dedication, zoning and planning has no business coming off from my piece of property and putting in a road in fact my lawyers says that I can perk a trailer on that piece of property and just give a ROW to those people that live in that district. Now what I'm saying in I think we've got a problem. We have had a problem with the ABC board we've had a problem with Improper hearing, we've had a problem with out going to notification, neighbors were not called, neighbors were not notified, and it goes on and on. We've had an extenoion, I have a letter here from the lawyer and a letter signed by Tim Rogers, City Attorney, that says, there is an unresolved issue whether the existing zoning of the property encompasses the application. The application would allow a package liquor store with the exception of general commercial propertyq I've got several documents that say there's always on issue, there's always o ' Kai U F PLANNING COMMISSION April 99 1986 Page 5 a problems there's been a problem with zoning thereq ever since the beginning. Tom Wagoner# I live at 4040 Primrose Place in Thompson Park, I'm also Mayor of the City of Kenai. The reason I came tonight is not to take part so much in the discussion but to shed a little bit of light as I might on the information in the Kenai City Council minutes of May let 1985. I might also say I used to be the owner of lot 3 & 4 I believe, right down the street in Thompson Pork. And that is general commercial that's what I used it for I had a small floor covering buoineee there so I do understand the zoning. But I went you to understand the discussion that took place at Council that night and this Is the una Mr. Boyd submitted at that time. 3anet Whelan explained there was a concern that the business might be in a residential area and it to not and that concern was brought up by one or two of the council people at the Council meeting that night. It goes further to say that Councilwoman Monfor asked if there wee a chance for people to make objection, and then it says Mayor Wagoner suggested the Council ask for a public hearing and have the people in the area notified. And then the loot statement says Councilman Wise noted there will be a public hearing. There are five applicants for one permit.. Well, many times people have a habit of saying there will be, and that's apparently what happened that night hnrassge Councilmon Wise has no authority to say there will be. But when things like that are said sometimes people assume that people are taking care of having notice given to people like the Alcohol board that we are requesting a public hearing and that was the intent of this. And then it went on# the motion was made that a letter of non -objection be sent to the ABC regarding the One Stop' and it passed on a 4 to 3 vote. But I just have to coy, in all sincerity and I'm not here to stop Roger from building a commercial enterprise, I went to see development in the City of Kenai as much if not more than most people. But I do not think that the City and maybe the Council and maybe partially the admin- istration follow through on this item ea they should have. And that happens many times in city governments we assume things and we assume that one branch of the government is going to take care of something and the other branch forgets it or they assume that somebody else to taking care of it end it slips between the cracks but the intent of Council that night, categorically# was as I remember it, to have them come down and have a special hearing have in Kenai and have the City If necessary notify the people and Mr. Boyd and everybody at that time that there wee going to be that development in that neighborhood. I think probably the goat in this whole thing has got to be the ABC board. I cannot imagine the ABC board in the state the size of Alaska is# and with the population growth in this aces, allowing these type of package stores to proliferate without even having a public hearing MV I 1 1 i� h PLANNING COMMISSION April 9, 1906 Page 6 in the area. And the reason I felt there would probably be a public hearing is if you remember a couple years prior to this they had the same situation when Safeway was talking about coming in to Soldotne, there was one small objection raised by a person and the ABC came down and not only held one but I think 2 or 3 public hearings before that whole process was over and I think I just assumed from that that would happen here. And it didn't happen. And I think its a glitch in the system and its just too bad, I think that needs to be corrected some way. Sorry I can't help you make the decision. Any questions?" Commissioner Bryson, "Was the determination of the liquor license site specific was the site identified...." Answer from Mayor Wagoner, "it was identified as mile 5.4 Kenai Spur Hwy." Commissioner Bryson, "no subdivision or lot number?" Answer from Mayor Wagoner, "the memorandum to Tim Rogers that I have from Jeff Labahn that proceeded that said mile 5.4 Spur Hwy It said One Stop Boye Ltd. Roger Boyd and hie wife Patricia Debucher, mile 5.4 Kenai Spur Hwy, Soldotna, Alaska. So that is not a specific address or legal description." Shiela Phillips, "in presenting thin petition I would like you to know that on file in the Borough in 1970 there wee a petition to rezone this same area and it was tabled, it was never acted on. So I don't know where directing that petition or this one." Chairman Lewin, "this Is a rezonc petition is that what yell'ra saying?" Answer yea. Commissioner Bryson, "that's being preeented at this time? Janet hoe the building permit been issued? Answer no. It cannot be issued until the Landscaping Review Board hoe OK'd the site plan. They postponed it yesterday evening with the thought to reconvene perhaps Monday evening with the return of the attorney's opinion on the portion of the code that they are referencing 14.25.010". Commissioner Bryson, "they are under a time restraint for review with that?" Answer yes. Commissioner Smalley, "so basically there isn't a decision we can come up with." Chairman Lewis, "there is no decision we can come up with. We can pane on the rezoning petition. That's not pertinent on this matter though." Commissioner Bryson, "one item that was mentioned, DEC undoubtedly is the unit that should be addressing setbacks from existing water systems or drinking water setbacks from existing sewer systems, in addition the, public water supply or semi public water that's being development and there would be setbacks to existing sewer systems." Commissioner Smalley, "there is also setbacks regarding the distance of gasoline storage tanko, fuel storage tanks from wells, residential buildings, etc?" Answer from Loper, "on checking with Dave Burnett at I X u 1 1 PLANNING COMMISSION April 9, 1906 Page 7 the fire hall, he said that that would have to be approved by the State fire marshall when his entire set of plane are reviewed..." Chairman Lewis, "just for my information is the access to the proposed commercial location to go through the easement..." Spence Devito, "yes it is. Of course that is something I would certainly not allow and that's why I'm trying to stop this and in addition I've made it a point to see what kind of a hardship of course it would be on Mr. Boyd and the information that I've gathered is that the ABC board hoe already given him one year extension because he did not execute any of hie liquor license authority through the first year, they did give him an extension, and he must execute it and sell something on that liquor license somewhere between a period of time which is still under motion however it does not, specifically state that it hoe to be here, it can be anywhere." Chairman Lewis, "you have been aware all along that that land was zoned general commercial though." Devito, "no I'll tell you why, I zoned this piece which is mine from residential to commercial in 19799 they didn't know what it was. I went through hearing at the city because I wanted to bring boats out on the highway and found that this was a very unsafe exit I approached the city Council at that time told them I was concerned about my daughters and my sons the access here and I wanted to zone this commercial so that I could bring the highway In here and park boats out here and that became zoned commercial at that time. Dale Sandshl, "I did hove one requeot, if it Is within your power to request the department of public worke to review the roado since I understand that may not be one of your powers now but may be in the future. But in light of what Mr. DeVito has indicated, who would act upon that. Commissioner Smalley, "this might speak to that or nott this hoe not been approved with the Comprehensive Plan that hoe been submitted, under item 6 it says with regard to the city maintaining physically separate neighborhoods in Kenai, strengthen and identify each neighbor- hood by encouraging development of public to private facilities the city shall, a) restrict development between neighborhoods on land which have identified natural hazards and sensitive habitat, c) discourage highway commercial uses in residential neighborhoods which hove no direct service relationship to the needs of residents of the neighborhood, yet they still identified that section an commercial on the highway on the Land Use Map." Loper, this body couldn't answer to that at all because whatever transpired between you end public works in something that we would have no knowledge of". L M PLANNING COMMISSION April 9, 1986 Page B Commissioner Bryson, "I think what halo referring to is, he feels a limited easement that woe, given to the City and I would think something like that could exist even though its not platted se a Borough, so being given to the Borough it is, something he's dedicated to the City and his interpretation is that its a limited thing, providing residential access, for your immediate subdivision." DeVito, "yes and that was emphatically made of the time we gave it, in fact the record will show that we delayed signing papers for quite a while until that was clearly made we also were very concerned about the neighbor where the tile woo going to go through their property that indeed the smell pine trees and the trees, not be removed because it had a good buffer and until that decision was mode and they were assured of that the neighbors did not grant ROW either. Commissioner Smalley, "question first on Mr. DeVito, are the Kenai City Attorney speak specifically to your ownership or your right of that road since the statement you received said that your equate footage is not reduced in other worde is maintained as the some, could that not be interpreted so he owns the road and he can exercise the righte to allow use to anyone of his choice". DeVito, "my attorney interpreted it that way, ok, I did not, I will not stand and let the City Attorney or the Borough Attorney do anything more than make good judgement as this committee can only but make good judgement and that I know always comes down to whole the beet attorney and whole the strongest got the moot clout the most whatever goes on so my attorney has interpreted it as if it Is the amount of feet that I have given is indeed an easement and since the land has not been given away not even one square foot of it, its still my property and in the event that I need 7,620 square feet to do something on that property even though there'o a road existing there, I have 7,x number of feet nothing has been taken away from me and that was the real concern at the time. Clancy Johnoon, "I'm, a homeowner on Thompson Place and we received a letter very much like the one that Spence read and it says basically the same thing and asked for an easement and the easement was for the drainage and we were further beck in there. But my point is, the letter came from the public works or the engineer but they were speaking for the City of Kenai they weren't speaking for the engineer department they weren't speaking for whoever the peroon was, they were speaking for the City of Kenai. And that's who we gave the easement to. To come across our property and it certainly was not for commercial purposes, for the change in the road was for our benefit we thought to preclude an accident or it was to enhance the safety of getting in and out of our property. And that's not what happened." PLANNING COMMISSION April 99 1986 Page 9 Shiels Phillipa, "I think there's a big question about what this property in block 3 is. I think up until tonight the Johnson would have sworn that theirs wee commercial. The record in the city shows that the Johneon's property is commercial, the Borough record shows it as residential. On my first one acre, the original acre, the City shows on your Map that mine is residential the Borough shows it as commercial, just the opposite. So I think the petition Le to get that clarified, please give us a final, what ie our zoning, we don't know I wouldn't swear in any court what mine is. I don't think the Johnson or the DeVitos would either, they don't know. Because there are conflicting maps." Commissioner Smalley, "Spence is your whole piece, your whole parcel now all including your home commercial". Devito, "well I'd have to ask three different sources, I'd ask the Borough to get one the City to get the other and I'd have to go to my secretary to get the third." Phillips, "we don't know". Commissioner Smalley, "you can clarify that can't you, by your maps." Loper, "Yee its been turned over to the attorney." Chairmen Lewis, "ON the attorney is going to handles as for as interpretation of what is commercial what is residential. Mnlllipa, "we have throw Niirlo piccee of *epidential property, view property with big lots. We hav; homes there. And I think Lorca eut of four is democrocy rules." DeVito, "the opening of this has already reduced my property. Its reduced the value of my property in fact reduced it to the point where I just spent :589000 to buy s piece of property to build a house somewhere because I don't like the fact thets open. Now if someone who's living there and has enjoyed that realizing that he's lost the value of his property the privacy of his trafficyandaoniandhonetore and onngoingttordo toqit.sItnd all night o no question." Chairmen Lewis, "Ok, we will pass this, this has been initiated. There will be public hearingo on it you realize that and this is time consuming. It may not help you in this particular matter." DeVito, "this is not in the hands of the attorney, this is in the hands of you and I and everyone in this room, listen to this, the general purpose of the landscaping is to visually enhance the city's appearance, we can get as philosophical as we went to about that that could go on for years, nobody can make a decision that thats going to be physically appearing. It must maintain and increase property values, we could argue about that for the neat 6 years and not comb to the right decision. And it must reduce erosion and storm runoff. That has solid vocabulary that has something that you can deal with we can't pass that on to some other aspect of governments that's philosophical." t�. it — i - o PLANNING COMMISSION April 9, 1986 Page 10 Commissioner Smalley, "but Spence it goes on and defineo landscaping to specifically refer to speak to the ground surface of live planting materiels, including but not limited to tress, shrub@, grass and ground cover etc., it does not speak to construction." DeVito, "on the Intent." Commissioner Smalley, "on the definition of landscaping." DeVito, "but it soya it is the intent of this section to provide for the landscaping end/or it doesn't say landocaping it says end/or retention of the natural vegetation in conjunction with appearance, maintenance of property value reduction of erosion it doesn't just say landscaping." Mayor Wctiazar, "I understand that, very well, I'm trying to make people understand that the ordinance is being interpreted differently then the Council meant it then there's a problem 'cause the Council meant for the landscaping review committee to have the authority to review landscaping plena and to make sure those plans complied with the ordinance and if in fact they did comply with it, the Council did not want a board to arbitrarily capriciously or in any other form delay anybody whether it be Mr. Boyd or whether it be myself or whether it be somebody from Anchorage from constructing a facility. Saffell, "the reason that we're have is that we were never informed - specifically what was happening." Mayor Wagoner, "Ok, I can't help that, 1 felt that was going to happen tee as you heard my earlier testimony I'm just trying to explain to you what the ordinance says Commissioner Bryson, "I would think that acting on an item you know you'd have three choices, you'd either approve it as submitted, approve it conditionally or reject it and either of those three is taking action but tabling it is no way to be considered...." Commissioner Carignan, "but there may be some Justification for it particularly around the conflict in zoning thanobody seems to know what the zoning is." Chairman Lewis, "well Ok isn't the attorney addressing that." Commissioner Carignan, "the attorney In working on that then I think there Is reaoon for Howard to hold off on the permit until ouch time as the zoning is cleared up also some of the questions asked as far as the septic systems, who'@ responsible for checking that out are there same ordinances against gas tanks being not within the city perhaps but state rules and regulations as far as gas tanks In residential areas are concerned. I don't know. There's slot of unanswered Questions, that I think need to be addressed before any permit Is Issued." Loper, "both the main issue@, Tom are in the hands of Tim Rogers." Sandahl, "I don't, when you any there is a 10 day are you, your almost leading us to believe that if something isn't done in 10 days that that automatically passes through the landscaping." Commissioner t E iH LING COMMISSION l 9, 1986 11 Smalley, "no its 14 days with the landscaping review." Mayor Wagoner, "no, that 10 days starts from the time his proposal goes to land- scaping committee in tact and complying with the ordinance. And the reason we put that time in there is we did not went a continual delay to come out on anybody's project you know for this purpose or any other purpose and the way, I feel the Council meant to do this. Now Howard may have something different for that for his interpretation and so may the planning and zoning but if it to started to be interpreted that way I can guarantee you the Council will go back and redraft it where it can't be interpreted any other way because that is exactly the way it wee meant to be done. That means that if Mr. Boyd comes in and late say the first day he came to the landscaping committee that everything on hio site met with or exceeded the landscaping ordinance from that time of submittal for review until 10 days they had the opportunity to review and act and if they didn't act then...." Sandahl, "but they did act". Mayor Wagoner, "I'm not sure they have acted as all I'm oeying from the time he complies with the landscaping ordinance within 10 days the building permit must be issued if he compliee." Sandahl, "that's ridiculous". Mayor Wagoner, "no it ion't ridiculous." DeVito, "Just one brief scenario and I agree with you Tom and I think theta well intended it should be that way. I have a problem with the feet that we present materiel and just before we're ready to pass judgement of quiltys your yuiity Lu jnil, your guilty just before we pass judgement new evidence rune in the door and says wait I did it I'm guilty. What your telling me is that we can't do that we already found this guy guilty. Guilty as charged. And I think that there are some other issues have in that the committee lost night did not find it to be a clean lets go ahead type thing. I don't think this committee can sit back and say its clean I don't think any committee we've dealt with has seen it as a clean issue." Commissioner Smalley, "I have a question of Mr. Schilling. Was lest night the first time the landscape review board received a submittal of this application." Lou Schilling, "no it wasn't. We had it 14 days prior to that but it did not meet our guidelines so we postponed it and we asked Mr. Boyd to bring it up to what was needed." Commissioner Smalley, "so is it the landscape review board's interpretation that when we talk about submittal of the development when it meets your requirements does the 14 days start then or does it start when it's first submitted." Schilling, "I'm a little bit confused there too, I think from when its first submitted we have 14 days to act on it, we reviewed it within the 14 days we found it not to be to the standards, well then we give it back to Mr. Boyd, we say Ok this is what we need on it, you've got to be specific about what you're doing so he coma back, he reeubmito it, we act on it within the 14 days again." OR =F Is PLANNING COMMISSION April 9, 1986 Pago 12 4. PUBLIC HEARINGS None 3. APPROVAL OF MINUTES of March 26, 1986 Commissioner Smalley, on page 3, bottom of 3rd paragraph, change wording to show intent on voting. MOTIONt Commissioner Smalley moved unanimous approval of the minutes as amended, seconded by Commissioner Osborne VOTEt Motion approved by unanimous consent Commission recessed for S minutes. 6. OLD BUSINESS None 7. NEW BUSINESS a. Lease Applicationt Lot 4, Bik 1, CIIAP - for Electronic Repair 8 Retail Salea - Wa lv Keapo Pa4e Administrative Assistant Geretlauer explained that this application is on a piece of property that came to the City through a judgement and It wee thought at the time that the land wee available, however, the judgement hoe not been signed. Administrative Assistant Geretlauer asked the Commission to review the application so being concept and that any action would have to be contingent upon land availability. Administrative Aesiatent Geretlauer requested that the construction date be 6/l/06 to 7/31/60. Commissioner Smalley asked the purpose of the business, Mr. Koppel explained that it would be for Motorola electronics. MOTIONt Commissioner Carignan moved for the approval of lease application to Wally Koppel Page, Lot 1, Blk 49 CHAP contingent upon availability of the land and approval of site plan by Landscape Board# seconded by Commissioner Smalley VOTEt Motion passed unanimously C, X I r P�S •. r�C. H 0 PLANNING COMMISSION April 9, 1906 Page 13 Commissioner Smalley asked if the dates for completion of conetruction would be changed with this approval, answer yea, date will read 2 years. 0. PLANNING Commissioner Smalley opened discussion on the Thompeon Park rezone asking if the rezoning can continue without further word from the attorney pine tfie majority of the property owners came with a petition. MOTIONt Commissioner Carignan moved that a public hearing be established contingent upon resolving any problems with the city attorney for our next meeting regarding the rezoning of paid property Chairman Lewis and Commissioner Osborne explained that the public hearing was already initiated with the submittal of the petition this evening. MOTION WITHDRAWN Commissioner Smalley asked for a report on the construction that had begun on Amen Rd. of a trailer that wee to be used as a commercial enterprise by a native association. As trailers are not allowed and commercial businesses are not allowed in a residential zone, has there been a determination of whether that is native allotment land. Answer from Planning Specialist Loper, Howard Hackney has stated that he will not issue a building permit until it has been proven to him that the property io under native allotment and is exclusive. Commissioner Smalley stated that clearing is underway. Commissioner Carignan asked for a work session regarding the types of commercial enterprises we went to develop in the different parts of town. There are certain types of development that would be very appropriate to certain areas. This will be addressed in the Site Plan Ordinance which is in the drafting stages and also in the Comp Plan. 9. REPORTS M. City -Council None b. sera 5 f - f lan. ing None F ti PLANNING COMMISSION April 99 1966 Page 14 4Vg. City Adminintratkon None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS None 12. COMMISSION COMMENTS A QUESTIONS None 13. ADJOURNMENT There being no further buoineast the meeting woo adjourned. The next regular meeting of the Commiaoion will be 4/23/86 with a work oession beginning at 6s00 PH. Janet Loper Planning Specialist 11 April 1986 F 1800neored by The Alaska Railroad Corpq�(dtlon . ^VF�o " r 'AnCnaaps• AK �panno No. 3T. +��,- t•. ��� ACORlBDGWNOE ResourceReview Resource Development Council for Alaska, Inc. sox resale, Anchorage, AK INSIDE t e Bush Coal .........„. ................ •'3., e Mining Agreement ............... 4 e Access to Resources .......... 6 e OCS Program .........................0 Mayor Tom H. Waooner City of Kenai 210 Fioaloo Resolution urges ANWR •: developmentWO The Resource Development Council has mill/an wood ship contract f~ Japan and Rwala poalap aarroua krPM b► oM a aartd rhsA he Japan at era going a/awhaa /or rhel► p>oducta Ire AJaaka Via• wafted a resolution that seeks Alaska House and Senate support In urging Congress to lien's mill at 811ka is pictured above. tpen the coastal plain of the Arctic National tVltdtife Refuge to environmentally Malarial- Japan wood contract So oil and gas exploration, development and Production. decide In the near future if may harm state forestry onss must the coastal plain will be opened to oil and gas The Alaska forest products Industry Is up In arms over the recent announoemerrtoe a i500 expioretton and development or classified under wltdemess designation. million wood chip contract between Japan and the Soviet Union. According to Information from Tokyo and the United States' National Forest Products The refuge spans over 18 million acres of Association, the Japanese Chip Trading Company and the Soviet Lumber Export Corporation land In Northeast Alaska. Approximately eight have signed a contract whero the Japanese will supply machinery and credit to Russia, which psroenl of the refuge, known as the coastal plain, Is considered to be highly prospective In turn will provide wood chips and lumber for pulp and other Industrial uses in Japan. Officials at Alaska Pulp Corporation In Sltka warned that the Japanese•Russian preentsrat Frank Koppel, the for thedisoovery of large quantities of oil and poses serious Impacts for the timber Industry. Aaoording to APC proaldenl tise � reement "will Impact the Industry In many ways that many o1 us have yet to Make." fie reeolutim draft notes that the pet. roleum Industry has consistently de. Martin Plhl, Vloe President o1 Ketchlkan Putp Company, esld the egnemerrt represer►ts e "serious blow to the proapectefor development In Alaska end serves melba drat theJapanese monst►ated tie ability to operate in conditions similar to those found on the coastal plain In a eels, responslbte manner without elgnNlrmnt ategoIng to purchase Ihelr produoto vArerever the Once Is most edvantegeoue.11 Pihl sold that the Japanese Chlp Trading Comparry'e oenlrnct with Rueeta "emphae�ee lire need for Alaska In the He add that there la not onty a nee0 adverse environmental Impacts. The state stands to dertve revenues Includ• to maintain a oompedlive coat etruolure market." for high level negotiations between Alaska's congressional delegation. Its governor and Japan of Alaska's resourws, but to "leverage the marketing of one resource to market a package Ing porters of bonuses, royalties and rents as we as severance taxes from all and gas with the others we have, The Resource Development Council pointed out that the wood chip potential an the niibeff development on the coastal plain. Opening of the coastal plain, the tesolutlon aide, would and in coastal Alaska matches or exceeds that which Is readily accessible from the Soviets. The Council said It Is apparent the Russians gave the Japanese concessions tl►et Alaska was generate increased employment and bull- neae opportunities. unable to offer. The Cour4re forestry consuftem, Terry Brady, explained that the state and the U.B. Fore TO value and development potential of Service haven't made significant tlnrher resources evallable, and that the Japanese haw slats4wnsd tbefutds and 4derelly4wned OCS lends ANWR dependent pone elsewhere for their prodveto. Is likely to have a MAW Impact on the U.S.-Japanese lumber base, offshore of are upon a Congrailwal decision to open the fie new oontnol goodly noted that 04 Japanese last year bought $132 mlMion worth of wood Wdpa end $19 (Coniktued an page 7) million woo of softwood lumber, in addition to round WA ham IM URM Shies. i - I I L 1 t .i �l L L tj Ij II y s .y s r' t Message from our executive director by Paula P. Easley Wow! What a dream!!! O.K. I admit 1. Sometimes 1 pet aazy. DcnY know If It was the IURR rtormyOfetMaechlll,butlti=Academy-awerdwinning dream latt night. I hope you can visualize the players as vividy a 1 did. 179rylMitebgl of the Berinngp Sea Flshermenb Association be• ion a U.S. Mouse euboommNtee meetlnp WeVe observed the alrtnunr�tngpnDoFxdlviyaAsMdesooexlsNnpwithoddevekrpownt Inft Q of NOW and CO* Inlet, fteb every mason In the MBayldbbel►avrNsMrlesandalloanlhrohgpp/yeverelterinB�lsbl bon Collinsworth, Alaska Fish and Game Commissioner, to 1119111911111010 commlttM: I raoognin my depSrfnronfit charge rs to protecf/isAand wlkNifs0 but" wbberealiSO&Wunderstand Mal: for our nation and Its people to Survive, we must elbw re- aotnoes to he produced Bunn ANxandN o1 the Wildemess Society in a media Inter. vNw: Ay organization opposes pulinngg lands Into wildemess dos. sNkatlans without dust detarmininif whatresoumes the lands con. Aft We also► as pgoonents of wilderness, are willing to support doveibprnent In cedain Bross we want set ealde. Jim Stratton, Alaska Conservation Foundation, In an editorial: We should not penalise ell minsnv lot the sins of a very fow. Impos- Ing VWSa wabiquality standards on ellabeams could be likened bmaklnpeverynrreaoY►crotoa8 mlleanhou�apeedl/mNbroauae Bane people exceed the Mgal AN. Jay Matr, of the National Wildlife Federation, at a refuge public hearing: l know we say !1 all the time, but this Bra really doesnl hive 1 world) largest owumulatIon of birds and msrrn mom• msls. Ralph Neder In the National Enquirer: * apni;atbn hse 400led the pub/) to believe that cancer canbe staarped out by Purging the land of every manmade , taln and ardnogen. Wehsvegenefatedunnecesniypublbfosrothsthsw Mulled In excessive regulation. We now romma (hot this rag• ulatory dimate will have a disesum effoet on the economy snd "0"816 pordretbook, with NO posldve offm on Nre emdiotr• ment. Sue Malthewa, new president of the Alaske Catwrvallon Foun• elation, In a press release: Of the d64,000In garNs of sa going wdouson vlronmentelggroupsinAlaft $10,0WAssbanabnated tolhe ResounaeDevelop wntCoundl, Inc. Inconrehamnsowae dovelopmenthosenabWAlaskotoendnhlghanutronmentdstan- Ards and sound programs other states could not sft d. Wehr g►etelulfetlheCoundlhratbnaleppr OtowarddrvMopnrent.11 Why did the alarm have to ring just when I was petting to the good part? Alaska Pulp Corporation solving its problems The Alaska Pulp Corporation may be approaching the Ilght at the set the Stage for the use of aneroblo treatment of more complex waste end of the tunnel In Its trench -style war with the Environmental Protec. molecules," Oetken sold. Lion Agwo Wmiuse tut a luchnological breakthrough In wastewater The aneroblo system uses technology devabped recently In SwF treatment, den. Mlo*wganlsms digest wastestream pollutants in an airlaw an. Alaska Pulp has just Installed a pilot aneroblo wastewater treatment vlronment. The pollutants are converted to methane, carbon dioxide plant at Its Sib mill whose 6,000 galbn system will provide date and additional mtcro•aganlsms collectively called tlioman nown" to determine the ultimate size of a full-scale plant. The low volume of remaining pollutants Is ftrAlter broken down Ed Ostken, director of snvironmenW affairs of APC, told the Re. through a conventional aerobic treatment process prW to discharge acute Development Council last month that completion of a full-scale from the mill. plant ootdd lake three yo n. Much of the waste Is converted to a substantial amount of methane "What we Dome up with to $Dire Alaska Pulps problem could well (Continued on pop 7) ttitNowNOaaloPntNrN CeunN_ 11i 1110 flow AWNN'11aeNHpN00*"W COW n011prolN RCNOr10Is nN0 Mniommn rromNnni► 0 M uNNse a broob", "No KOngiiy WNW paK" orb aft" eu ymmm ant. bmutiw comma 0150 re PnNN1Nm ......... 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M WN In tM oANt" mNy be ntPM WIMM Puffo on pr&AW NppOpIW am Isom tart IRDARM Eats a AdrNMNYtp wanNeNr RNIOwae (INYMq NnoottralNe eN mOrN too" NNcNre, arowneNntNntN a+e a11Nn b <M NOMOr for �8md Y OanlpondraN b RggNN COuncA, RNNwrEN MNNw, !bx 100618. N"ApN. AW U e1510. FJ I �A T - J �3 ti 9 � Thoughts the Presic Declining oil prices 198E has brought a Sudden decline In oll prices and today's snide prices are the lowest Since 1978. The of feet of lower ON prices on Alaska Is dynamic and surely Illustrates the need to expand the oleo resource development activities b sumeln our economy. The Income from current resourcede• velopment must be allocated so that a lair share is used to stimulate develop• ment activities In minerals, fish, timber, tourism, agriculture and other areas In which Alaska may have an economic ad- vantage and be able to compete In the world markets. Alaska must spend leas, but spend more wisely. We must use our current Ineomo to emato new sources of wealth. By doing so, we'll plant the seeds for n a" and stable economy In the 10909 and beyond. RDC plans fun event for development community Are you Standing up? Well, eft down, and reedy for one," Webber exclaimed. find the most Spectacular chill reolpel "Tile Is a great way to Introduce people to Are you Sitting down? Well, eland up and ROC and the excellent array of resource do. Stag practicing Some fancy footwork) velopers In our membership. Bo be ready for What tor? some heavyoompetltlon In the dance contest. The Resource Development Council's And weer your dancing shoes even If you I Ith Birthday Party, Friday, April 28 at 7 p.m. donl compete." In the Alaska Helicopter Hangar on South Air. Those wishing to offend the event or enter park Drive. the chill cookolf should cell the Council at RDC'e Realty Big Deal features a chill 276-0700, cookoff with celebrity challenges and a 8I9 Band Era dance contest. Alaska statewide candidates will judge the events, but they promiso no speeches. The rules are easy, and anyone can enter — even the judges. There are many categories and prizes, Including weekend travel packages to Fairbanks and Valdez. In addition, adrawing will take place at the party foragoldnuggetnecklacevaluedat$1,000. . The menu Includes barbecued ham and r pig, salads from the Matanuska Valley and nra above 81.000 ti" r menace. the wortd's beat chill. n►,da by Alaska mincer Roc�y i111NW, wMl b# Admission to RDC's Molly Big Deal Is $20 awarded to a rucW oonasrmf in a drawt�►p ro per person. he oonducrad al ROC11 Whday Reny Ap # 23. 'We guarantee agroat time and some our. pleas;' said Chuck Wobbor, tho Council's president. "it will be an hilarious good time for Alaska's economic community, and we're Arctic coal project would cut Bush heating costs An 618.7 million coal mine development proposed for weAtem A would lower heating costs for Bush residents by 80 percent, strengthen the regional economy and create new jobs and general bwkuee, according to the Alaska Native Foundation (ANF). Using state and federal grants, the ANF has been studying the feasibility of the Western Arctic Coal Development Project Contructlon Is scheduled to begin In 1988 with the firel shipments delivered by the fall of 1989, Addressing a pubifo forum of the Resource Development Council IBM month, the group's president, Jane Angrdk, and consultant Howard Oroy eald the project would allow Bush reeldente to substitute coal for home healing oil. Angvik sold the project would be a long-range Stable Source of energy for northwest villa ea. The coal would be used for Institutional facilities, electric generation and home heating. Angvik said, "We have enough market on a small scale to make the project feasible. It's not a huge monolithic project." The coal deposit Is situated in An area Along the Chukchi Sea between Cape Beaufort on the south and point bay on the north. The coal Is low In sulfur and would Significantly reduce sulfur dioxide emisskme when compared to diesel oil. An estimated 122 million tons of mineable ace has been Identified, The mine would be about fire miles Inland and would employ traditional surface mining techniques. About six area of land would be mined In a season. A haulroad would be used by 33don capacity mucks to haul the cost to the coast wh@ra Mafto iat ,ON two could be stockpiled. Barges of 2,000 ton capacity would take the coal to RDC Annual Meeting set The Resource Development Coun• oil's Statewide Board of Directors will meet In Anchorage April 26 for its I Ith Annual Meeting. The meeting willopen Saturday mo rw Ing et the Holiday Inn with the election of new board members. Following board orientation end lunch, the 784nember body will consider the adoption of policy statements targeted at Alaskab various Industries. The new strategies Identify actions needed to generate measurable growth In Alaska's balo Industrles to 1090, Task forces comprised of Industryand govem• men) have worked extensinly on the documents, examining policies and Programs the affect the Productivity of soon Industry and outhnkng epecHk: re- commendations, Once adopted, the Council wig disba but@ the papere scross Alaska b onocur age wklegpread ImrohnmeM in the pre case of a plan for @mmWidew sbabpb deve"Mont. AP1119881 RESOURCE REVIEW / Page 3 , v. . .a La a Agreement clears way for summer raining, but Industry still concerned will Placer min,np will be allowed to continue state Department of Environmental Conser• Mb Summer on of Land Management vatlon enforce water quality standards If those lands In Alaska under an agreement etpned sample$ show mines to be In violation of the noonty by the federal government and the Clean Water Act. , 8NMa Club Legal Defense Fund. in return, environmental groups agreed to ; t� Michael Penfoldd director of the BLM s end an effort to got an Injunction to halt sum• r . J , Alaska office, said the new agreement re• mer mining, but the groups still will push « i quires his agency to Inspect about 200 oilacer ahead with the suit, claiming the settlement mines operating on federal lands during the does not go far enough. next six months and examine operator efforts In February, environmental groups filed to rectalm the ones. The BLMrite agreed to wenvironmental suit In U.S. District Court seeking to shut down placer mining until the Bureau of Land Man. er Do wnn.aw►.d uN►►ra, oonwyw on Jak WOO Creek. (photo Dy C.a. �I assessments of the largest 20 percent of agement made sure the $100 million a year mines on Its lands. The agency will also take Industry was abiding by strict water quality asked Governor Bill Sheffield to mocnskMr water Solids tests to check fat suspendedsed• Standards. his decision not to Intervene In the lawaull. Iments. Rose Rybachok, president of the Alaska "No matter what position the state takes In addift. BLM has agreed to help the Mlnere Association, sold she woe very die• regarding this case, It Is clearly In Alaska's Environmental Protection Agency and the turbed that BLM reached an agreement be- best Interests to be represented In the pr11 o- fore no minero had a chanco to enter nagot►• wettings and decision, Bald Paula Easley, ations. the Councils executive director. The AMA, RDC and the Miners Advocacy In a loner advanced to Governor Sheffield, Council are trying to Intervene In the lawsuit, Easley noted thyusends of mine wortcere and but so far have not been accepted Into the support service employees are dIm*j formal lawsuit and thus are not Involved In threatened by this case. She said "millions of the talks betwean tho Slotm Club and tho dotlom gonorated by this Industry are deeper. BLM. They are concerned that no one Is rep• ately needed by our economy, espeolelly resenting their Interests In the negotiations. Since many of those dollars are spent In cash. The Resource Development Council hall poor rural areas." Placer ruiner calls it quits A pick and shovel were all Don May had to work with when he first started mining In the Central Mining Oletrlct In 1050. Twenty-four years later, he Introduced a bulkluer and a bigger stutosbox to hie mining operation. Since 1974, May hoe developed Polar Mining Company Into one of the larger placer, gob operations In Alaska. However, May Is about to lay off 12 employees, all his 040 Caterpmar and abandon hie 480 acres of claims on Crooked Creek northeast of Fairbanks. Uke other miners around the state, May Bald he IS being forced out of business by Strict environmental regulations and costly lawsuits largely financed by Outside special Interest groups. May believes he has a good working relationship with government agencies, but he finds Iho paperwork unmanageable and has difficulty keeping up with changing regulations. The Alaska placer minor Is well known for his efforts to clsan up water from his operation. He diverted the muddy water from his sluice boxes thm h numerous attling ponds, slowing water down so that It took about three days to trawl a hail mile. At one point, he routed water across Crooked Creek though a 20•Inch pipe and Into non settling ponds. When It returned to the creek, the water was only Slightly dirtier than It was when It entered May's slulm boxes. Sometimes it was more than 10 times cleaner. Improving the water quality was complicated by 20 other mine upstream. Sediment from those mines often ended up In May's seining ponds. We're trying to comply, but 1 know I can't do It," May said. He Insists he ant do much ' more to meet the EPA'$ stringent water quality regulations. So We leaving. May reed In a newspaper article two weeks ago that he and ton other miner$ were being put an notion by tho EPA. If they didn't meet water quality standards this summer they would two penalties of up to 310,000 a day, the artbte warned "I still Ieel I'm completely Innocent of whatever cation they bring Sprint us," May said. ' Meykeptsocuretersocrdsofthe si,tlnthewaterlsavl hlsmIneandeubm,nedlhemtoEPA. "We to we were meeting the Standards," he saki. f Page 4 I RESOURCE REVIEW I April 1080 4 L L I ..t i �{ I j L r Transportation Access to resource deposits holds key to diversifying state's economy t3ovemment tunding to developing cost• competitive transpodatlon systems in Alaska _ to access remote resource deposits could hold the key to diversifying the state's economy, acoording to Lome Sivertson, As• elstant Deputy Mlnlster of Mineral Resources Of British Columbia. Addressing over 400 delegates at the Re- source Development Council's International Conference on Alaska's Resources In An. dotage, Sivedson said his country has learned that there are compelling reasons for a government role In planning, coordinating and participating in transportation systems. Without govemmentfunding to build roads, power lines, rail linos and pods, British Colum- bla'e massive resource development projects employing thousands of residents would have been impossible to develop. Due to the vast size, difficult physical geog- raphy and widely disporsed mining and forest Industries, an extensive transportation eys• III tem is a fundamental requirement of the B.C. economy, urvenson sari. The province is served by two national rail- ways as well as the British Columble Railway. 8 has two major ocean pole loading over 80 million tons per year of bulk cargo. While the government has helped build an extensive transportation system to move m. source products to market, provincial policy has required that there be a clear economic Justification before transportation Infraelruc- lure Investments are made. Slvedson said that when new roads, rails, townsites and power supplies are required to faciiitato eatursl resource development projects, the province looks carefully at the bottom line be- fore becoming Involved financially. In the same way that the province prom• ores efficient and productive investments In Infrastructure, It generally promotes cost• based usercharges, when possible, for Intros - bouts services. After several years of analysis and plan• ning, the province agreed with the owners of the Northeast B.C. coal project In 1981 to provide coordination and financial assistance to build necessary roads and other infrastruc• lure. This was done on the basis of a oom• prehensive agreement between the province, the mines, the federal government, two relb made, the pod developer and a power utility. The project cab Including infrastructure, which was about one 1hUd of the amount, was I wvio nc.-W Ware the ten rolls road was oompleted /n 190. $2.9 billion. Over 6.000 people were employed at peak construction. The project was completed and the mines commenced production and shipments of coal to Japan two years ago. Included Intho provisions of thoogroomont were two levels of surcharges Imposed by the province designed to help amodizo its Inlrao- bucture Investment as well as cost -based user charges for facilities providod by the roil• roads, ports and utility, The provinco was also heavily involved In the development of a remote gold mine by Serem Inc. Serem asked for help In building 80 miles of road to their discovery. After several months of study, B.C. officials offered to provide up to So percent of the capital costa lot the road, secured by a legally binding contract which Included a provision for repayment of the loan. It the price of gold fails to rise to a specified level after the mines go Into production In 1986, the province will not be repaid. However. d the price of gold exceeds a specified trigger price, payments will be due with Interest. In recognition of multiple use benefits, d MOO? new mines are developed in the area which makes use of the road, the outstanding balance of the ban will be forgiven. Sivedson stressed that while govemmertts may need to be involved In developing trans. podallon Infrastructure, this need not pit dude the recovery of investment through user charges or repayment$ in InstNimems, in this way government helps overcome capital cost barriers, shares risk and reward. RDC supports access to resources AS oil prioes and state revenues Continue their downward plunge, the development of Alaska's vast renewable and non-renewable rescumes offers the best hope lot a stable economy in which the residents of the 49111 state can prosper. However, placement of millions of acres of land Into restrictive classifications, while failing to provide adequate access corridors through those lands to prime resource deposits. jeopar• dlzes Alaska's efforts to diversify Its economy. ROC believes that if Alaska is to enhance its competitive position In the world marketplace and diveraly Its economy, reasonable and economical access must be provided to resource areas. Transportation systems, within or across withdrawn lands, are a key Ingredient to keeping the range of options open and meeting the needs of in unatlain future. Aptll 10881 RESOURCE REVIEW / Page 8 L i i y t I i (' V Hodel urges support for OCS program 6$cretery of the Interior Donald Model warned that unreasonable Constraints on the federal offshore all and on teasing program are dams"'I employment opportunities and causing America to squaw der an opportunity to ensure adequate supplies of reasonably priced energy in coming decedes. Speaking before a Los Angeles energy conference, Model said -Americe is squandering the opportunity given us by the current, but lemporery, abundance of oN to develop national policies that will help ensure adequate euppliss of reasonably priced energy 10 and 50 � I bdhel to b Amer ci deapefatelry netede l oesearrch for new alll re - earns that can not national needs when production from Prudhoe Bay declines sharply In the next decade. Model noted the safety record of Amerloa'e offshore plafforme and pointed out that the nation's best prospects for huge all discoveries No M state and federal waters off California and Alaska. Mowever, he said that the vast majority o1 this oil has been put off limits to the citizenry that owns It, by a "convoluted mixture of federal and state leasing prohibitions." The Secretary added, "constant litigation and local Initiatives delay leasing, drilling and the construction of offshore WIN"; drive companies out of business; eliminate employment op• podunities and reduce badly needed revenues." Model veld the fundamental offshore leasing program Is a tradeoff between scenic views and Me — a question of whether the aesthetic desires of some should be paramount over considerations of jobs, economic opportunities and the needs of people on low or fixed In- comes for whom affordable energy Is a matter o1 basic survival." The Secretary pointed out that hundreds of companies in California @tone provide goods and services to offshore oil companies. But, he said, a number of California companies have been devastated and many jobs lost because o1 four years of moratorium on come o1 the most promising federal aweage offshore. "America needs a more positive and more stable economic, legal and regulatory climate," Model said, "one that enoouregee erri811 businesses, entrepreneurship and energy exploration and develop- ment. One that offers steady and consistent opportunities for Invest• mend. On# that does not unnecessarily Impose costs. Increase existing economic risk$ or create new risk$. One that enables lie to continue 'To the extent that we allow disunity and lack of direction to prevent having a stable economy and society. our area from attaining its highest potential, we are our own victkrt$. "We can have all this," Model concluded, "contrary to what some We need to support the timber Industry on every level. It Is also would argue — have It without harming our environment Importpant to look for new and Innovative ways to use and market Mayor Ralph Gregory, Ketchikan Gateway Borough "The fundamental offshore leasing issue Is this; a tradeoff between scenic views and jobs — a question of whether the aesthetic desires of earn* should be paramount over consideration of jobs, economic opportunities and the needs of people an low or fixed Incomes for whom affordable energy Is a matter of basic survival." Secretary of the Interior Donald Model "The rebound Is likely to be worse then 1973. In about IN9 or IM, we'll be importing an Immense amount of oil and there will be very little U.S. production." Charles J. DIBons, president of the American Petroleum Instills "In most of the world, It Is apparent that environmental protection and economic development are the same. There's no need for an• lagonism between the two. if we can get over the idea of economics and environmental protection as adversaries, we an have a wkawin situation." William Ruckelshaus, former EPA Administrator As Auawa ear ~Ion bqft to dit*n, AMOW WX nNd to aMywftbrpem &W b �uwanad�quahwppyol�ynaarntii tor... A / 1200^1 IOAO MOU191UP J A.dl 4ODA L W F f - _ Pioneer reflects on mining dilemma EdNor'a Note., the following e001181 appeared In The Anchorage i Times Mesh 12. 1888. Cho►les F Herbert Is a Rant prstdent and currant member of the Resource Development Ceuned'a Board of ChYour r - editorial of March T. "Help for the miner@," Is timely. Coloci• de nbty, eadler on that day, Democretlo gubematodal candidate Steve Cowper, In a strong statement, demanded that the Sheffield administ• A - ration Intervene on behalf of the mining Industry In the lawsuit brought ---- agtlnst the Bureau of land Management by the Sierra Chub, the Wildemoss Society, the Alaska Center for the Environment and other f - - groups that seek to stop all mining on federal lands. Will other candl• s r TV Go" atta Tor eratewros allies Ora ermner response to your ecxonety In a wry similar lawsuit brought against the state by the same 81e1111 Club and others who would destroy a major part of Alaska history, the state responded vfgorousy and won every point In the Iltigation before the Superior Court. Hopefully, your editorial will effect a cell on the state's expert legal Went. TM Glen Club, always anxious to destroy any productive effort Involving use of the state's resources, whether they are oil, limber, Wool. Coal or gold, broadcast misinformation and alarms just as silty a Wavle famous "poised bulldozers" remark (in the dead of winter, no less). For example, your newspaper quoted Jack Hesston of the Sierra Club as claiming, among other Imeglnary catastrophles, that formerly door streams In the Fortymlle Mining Dlstrict have been ruined by miners. If that Is We, Mr. Hesston must have been In the District before Ib disooveryIn 1088,11 years before Dawson wao dlacovemd, 17 yearn before Falrhanka wise rh„m49d, Or was he around over 40 yen agowhen many Fortymlleewentoff to Remagen, Guadalcanal a come ouch place during Wodd Wer Il? Or was It simply h le Ignorance of Alaska history that so often characterizes the Sierra Club? Myown experience In the Fortymlle dotes back to the 1030s. Then OW following World War 11, there were bucket Ilne dredges on Walker's Fork, Mosquito Fork, Chicken Creel. Canyon Creek and Jack Wade Creek. Then were bulklone, draglines, hydraulic plants and many prospectors on the acoka and river bars. Thee was the beloved, appaenty ageless Bllly Metdrum (who is evil mining), "Deep Hole" Johnson, Andy fassen, the Roberts family, and many others. Our first United States senator, Bob Bartletl, had spent his early days In a cabin on Jade Wade Creek, Bill Green, the United States marshal for the Fortymlle District, dispensed justice from his cabin on Jade Wade Creek. Ann Purdy, with her husband Fred, mined on Myer's Fort. rated about 10 adopted children and mothered the "— Ng experiences recounted In her widely acclaimed book'mehe." Not 10 be outdone, miner legislator Bob McComb* told his story In T4potown to Chicken," In the early 1860s, a road from the Alaska Highway to Eagle and Dawson was bull. Tourists, hunters, fishermen and sightseers flowed Into the Fortymits, sometimes bringing trouble for the miners. In one Instance, Iwo Territorial policemen were arrested at gunpoint by an irate minor who had found them digging nuggets out of his eluloe box (theyhat a slulm box was). d1dal know The formerly plentifularlbo wee decimated when the Fish and Wildlife Somce (scNslly, Its predecessor agency) broadcast radio pion to kill FaAymIN caribou, supposedly because the range was over -grazed, which was a huge surprise to the local miners. The Fairbanks gunshopeprospsred— hundreds ofcrippled animals slowly perished. And (bon amethesceamingpreservationists wh000wedamyopic are Into defining the Forlymile River and many of Its 0bulerla a' ldd and Sanlo River," Mining claims, sometimes dating back 10 IBM, were saddled with restrictions, regulations and, of course, law. suite. Actually, what damage can be attributed to the Folte miners, Of peneraily, to any of the other Alaskan placer miners in the Fortymlle, caribou had been pkMlful until the Iederaity apon• j coed slaughter In the late 1880s. As every hunter knows, moose are often more plentiful In the vicinity of mining camps — and bare get to be a positive nuisance. At one camp, a wolf with a sense of humor greatly enjoyed soaring a camp Cook on an almost nighty MU Nre; a red fox and her family warned all away from her opadous home In Me old Jack Wade Ceekdredge. Grouseand ptormiganflockto mine roads and falling plies to replenish their crops; duck@ reef and tome• times nest In old dredge ponds. Grayling readily traverse occluded waters and prosper In steams enriched with nutrients derived from soils disturbed by mining. At Stout bypaoaod clear water above his mining eporotlon on Napoleon Creek In order to catch fish from the porch of his cabin. There arc at least 40 active placer mining districts In Alaska. The F0rtym118 Mining District le only one of them. AMMh it Is nearly rice oldest (Rampart, the one-time home of Rex Beach, IsfouryonoNIM, It Is not unique In Its history of rugged Individualism, tragedy and comedy. The mining families of today, with their e*mnrpployata, tally far more 'blelordays" Inthe geatAtnskaoutdoorsMan gofecratlori to who happen to stumble Into an historic mining camp from the surr)und• Ing pristine wilderness, a wilderness that stretches for many mites in ell direction@. As you so clearly see, the state has a duty to protect Its fAm* from Sierra Club Ignorance. PUIP Mill ... (Continued from page 2) which Is In lum used to power themill, resulting in lower energy costs. In addition to the payback from methene production, aneroblo treat• Mont produces very Il to sludge, a major waste product whose dis• posal can account for two-thirds of the coat of a traditional treatment plant In referring to APC's long-standing battle against the EPA on effluent discharge requirements, Oetkon said there Is now some light at the end of the tunnel. "We arc holding our own with tarolIggn competitlon, the dollar pmb• Ism is Improving and woVs been abfi to cut production costs." he said. "Our remaining problems are a lack of timber and that depends on the Forest Service and the EPA," ANWR ... (Continued from page t) f coastal plain to further exploration and development. Facilities do• w totfaftswptt mm�toumosonth�eooastaIM"topump Of one may allow marginal dlsoowles on @flits lands between the ootsbl plain aid Prudinos Bay Is be developed. April IM / RESOURCE REVIEW I Peg* 7 L L .A" .UMIM RAILROAD CORPORATION -. -. i � I :MNK N. MURKOWKKI � � F�,,,� is AIA1�A I— f� `� 9�11ite� �tAtC� e�e110t� � �� t WA!)MINOTON� DO 101>10 n� �m��wuur,�oxr �Mar� Mnuie»> ar�'i�w� �wMvawn � N�tcrcowwne April t 4 r t 9 �g202ta """"LMN10'""'011M1 aMMrtw�owa ,,� � .?c��t� wn�w�ra b�' spry s3ea �`��. Mr. William J. Brighton � city ;n,��� � City Manago r ¢o "IfY OP fCL�f�fAl City of Kenai �� �► 210 Fidalgo e198b4:Z��� ,., ..� Kenai, Alaska g9611 Dear Bill: � Thank you for your Lotter requosting my support of General -�� _ Revenuo Sharing. As you may know, i support this program. � 41 Last session I ooeponsored legislation to roauthorime 1' � � Revonuo Sharing for another five years. Unfortunstely� Congresr� -°� alloared this program to expire in its 1986 Budget Resolution beoause of pressure to r©duos the budget flefioits. The 198? Senate�8udget Reeolution� ss reported out of the Budget � �� ':! Committee, would allow two more quartors of Revenue Sharing at a _ neat n4 �1.A billion if suffiolent funds oan be appropriated _ ,1 �� z. (offoot from other programs j to ruu�I LI�e �,ruaa•sm. ---- - A000rding to f�ramm-Rudman-Hollings, Congreso must reduoe the fodoral budget defioit by $36 billion in ©soh of th© n©xt �� , five yoaro. Under this soenario� the reauthorieation of many , programQ, inoluding donoral Revenue Sharing, ie unlikely. in the j event that thin proggram is not reauthorized, I ails aor with the � _ oities to minimizo tho impaot ao muoh as possiblo. - 8 oeroly, �� . �, .... . -� � <. _ ...... - r_,. �-_ Frank H. M koweki � -; Unitod Sta es Sonator ,1 �, � ., �` _'� r= - - -�-, -,�. 1 „ _� _ -. :� ':��.- �:==:�: •�. ��- - _ ��:�: J --_�� �.� .. a, n 5 1 APR 1985 >ia;,:.L. i .i) CITY AOMIM eiriorl MM WILDWOOD DEVLLOn=T COMPART P. 0. Box 1O1W Anchorages Alaska 99g1O Aprii i9, 1986 zNFo-3 `' 1 Mr. Milian Je lWightone city Manager lies sews % of Bea. 29 city Of Kenai etes 210 11dalgo Zonate Alaska 99611 Dear Kre Brightons r As the President of Wildwood Development Cospanyl i wish to inform you that we are not interested in selling our property at the price offered. As a matter of tact many of our stockholders want us to sonaider a devolopment plan they have in mind for this property* lbw* you for your interest and I as sorry we can not consider your otter as serious* rsiaoereiye r� a � ones As Power r' L 1 i TAI,—v- V CITY OF KENAI "D�l ea� o j, Ate" E10/041.00 !(!NA(,ALMI(A 0111 ;?13141b lrt��� TEW"ONIM-MI 4 a V CI 0f KENA�,ti' �6L'B8LZ9� BACKGROUND AND PERSONAL DATA - ewwriDATES FOR APPOINTMENT TO XICTTE AND COMMISSIONS NAMELl F/lam E7� Resident Of City Of Kenoi? Now long? Meiling Address / 6 Ite Tel. �'�' J5-.2 33 Bus. Adds.eas _- -—��� Tel. Presently employed by F 7' Job Title Name of Spouse �•��'�- Current memborship in orgsnizotiono( Post organizational memborehip( Committees interested Ins fle� ✓`"'"'t' --` �j� t� { �a ;urs+ ,Ad&4 �1�:71 , =a 4M, JJJ C fr ,. Resource Develop nt Council • for Alaska, Inc.hi Imit " W11011 - "ilium P&MAKOWN April 11, 1986 , To: Members of the International Trade an rd Industrial Development Division; A meeting of our division is acheduleds lore Wednesday, April 16 times 7:00 - BOO a.m. at$ RDC conference room (free street parking) 607 0 St. Suite 200 This meeting is to discuss pB 633, "An act relating to the Alaska Export Development Authority." Please bring your copy or the bilt and summary to the meeting. we have additional information from the state to consider. I look forward to seeing you there. Larry Dinneen Division Chairman P.O. The RDC Thursday breakfast meeting .speaker is former Lt. Governor Terry Miller addressing the long-term impacts of declining oil revenues. Please make reservations and attends 1� I `1 V.. rl KPNAt agiKSULA e0A000N gLGUI/(R ASgfJIILY NBtttKO MRI6 l! 19R01 1.10 P.N. gOtogull SSLDtoo B UtLOtNA • hot N O A g910g1` A_ra�ahly. �p fhb 4, Ve "S., brown A, CALL t0 ARDP.R w A Wall& g, PLRDOt OP ALtzolact C„ or�� hect Nultonn 5 Crawford C. tNVOCAttON� Rev. !cute Rerker4 alb t�14• Sawsll 0. ROLL CALL L "coreg, VACANCt. Ot0I0NATI0N OR SEATING 0 �I(9 AZ td NcaN ADale p, APPROVAL or NtNlittB March 20 f► April fioN l 0 0. COMITttt 61910919 Naah1 McLans (a) finance (Cravtocd, Corey. Vandal Jo noon. Keene Ibl LondslResouresa lBYogsead. rand, Johnson. Keene Nullenb ld1 LLease Attalre (11001faD 1e ,SkoN@led. voltISYogata (el Public WorksVall(Sewall. grown• Ito ohan. NaLana. (t) Data processing (Johnson) ILL H, A01"A APPROVAL AND CONSEHT AGENDA AtY purpaees (a) e 1, 'Aranting Clough for Uto 91he e ens peninsula Doroul(h Pt^psrey co eha city of 8oldotna WLth the OLnklay Street lmorovement Psoject" t, ORDtNAHCR HEARtNOB la1 O d R "tnse . a maw Cho tog L4,00 co thY stow! ode AeetLib Minimal Standards for toads to as Accepted Into the toad Molnesnance 8yece0(e (ek1 POBtPOHEo T0 a1151061SAGT To cnlI.uw lb1 gA ORsaon0 o! Lots l9 and t0. !look 39 R vs ovnelte of Sward. Seettal 10, township"16,l ouch, Mnge t Wsac CT of Sward Ssom Single• „ pant,; Reeidrntlal to Melted Comerclal Olacrlat INayorl (cl 0 op no of Lots 0 t•!, ohtpIlSouthQeRan e on Be.:!:,t!o1 and )O, T^w-Vast I West �/ty of Saward to NultL•peeLly Resident " ,mayor; J. tNtR000C11014 OP opotNANCES II11 "Aoendlca c21 ie see and breiktestaloveOde la1 A r nanase Chappar Il. Ifiehtn the City of Oswald' (Ns;0c1 "Amending the KPg Code of Osdlns"Ces to lb) 0 anAe ' • Coepenestlon Amount for Assembly lSsval/l 401 gray r )g�oeipocat/on ut Sets* tw",the Itra Code of dlgtovnl _ e'no of ta 19 11 40. gloeb to oriGinsl lJl first Nn"Rea' �IloIt's Olrtrtet Range Wool. City III Oswd fromRl t (mayor► „ J v1 4 0 1. ------ .2"_ 691131911aATTUM ur mmaU49TIURB (a) SB "Oppollux House silt tl4 Which Would MOM Lt a of the AtsoMa Publio Utilities Ccstat stop" Met POSTPONEO 3116 (b) WA "OrantlnR an E••e•ent for utility fur os•• ver one fcnlnoula Borough Property to Novior Electric Association. Inc." (Naval) (ol Ilea, WIN Bsa "Expressing the Kent Peninsula Borough e•w • or ton at on Use o! ste and Borough main- tained Roads as Seaming A Sol for Airlift of tor•onn•1 and Material• to the Bradley Lake Hydroelectric Project site" (Mall)/ gg (d) CRge,ox3� waste Disposal ►acilities In the Contest Peninsula Area" MoLano/MaOsban/Carey/Moor•) let Ogg, 0 - "A roving the aehool District Budget for Boa • r t�ge•e1" (Mayor) to 86.6 "Providing for Namin the schools of the chodl Bond Issue" (Nullonl ({) Lli•. 86-A_l "In Support of Vull /vied/n for eho Ken at entneu •—Cowunir. Cottage for Vilest Year 1901" (Moor,) Ih) R • 16•6"Requesting the Alaska Railroad to Rokoeste a Crown Point Siding" (Bowen/Skogsted) Ill • •A "Suppor!iog Work•elan of solid Waste re on and Transport" 1 al•1 Ijl W, 06.64 "Urging the Legislature of the State of r o rovtdo Fundingfor Establisheent of a rvi Paanene Facility for the Kenai Peninsula Corviunity College. Homor Branch" (Maill/Keene/Carey) FBNUIHO LEOtBLATtON (This Less list• leg/station %ttah will be adAressed at a later Civil as noted) not tow action this nesting (a) Ord. 86-3 "Providing for the Hire of Local Qualified oCeeyOik)PSO$1616ppoeeunlelse"Mrow/a/taFunded Employment TO6 (b► Ord. 66.6 "to Win Chapter 1.04 EnactinCho tore ).06, 3.06, 1.10, 3.tl, f. N , and 1.16 and Leading/ Boosting Other frovielono Contalnsd In the �tenat Pon• in8ula Borough Coda to Conlon with tick• )- 4Mayor) POSTPONED TO 6111166 '0 M. 86.19 "Classification of Certain Borough Patented Lends Under Lottlt trill Leeses for sale and Establishing Provisoes Tilarsfore" INeyorl Ng11R f/,, III) Ord. 86.23 "Prohibitions on Reserve Pita on Borough bands" (grown) NEAR 5/6 1 Ord. 86.24 "Astending KPR Ordinance 11.04.100 and I1 04.110 Regardin Public ands Classification and e•�/ot/on for the durpose of Clarification' (Nevorl "RAR $16 Ord. 66•21 "increasing the Borough sales Tom Rate to three Foresee" tMsyorl NVAR 1 6 11M. 86.21 "Rnacting KPR 1.11 Rotabllshlop Nl m11ibiliev u"quifamong • and Conditions for Orange By the Dena► 1,00insul• Borough to 88enter Cit/s•n Organisation,' Ylnnnoe C•ts.1 BRAN !/6 (h) Ord. 86-21 "A�proprtactng $28,800 lion the Undest6• noted Anchor oinee Vise and 8metg*noy Radical Service Ares Fund Balance to Increase Contingency for the Anchor Point Fire and Ewree*nay Medical service Area Capital Projects" (Popov) out SIG (tl Ord. 86-29 "Amending KP8 Code of Ordinances to Add • section Conostntn Assembly Action to the Eve•t of Assembly Member Ateconduct" (01tok1 NEAR 5/6 (1) Rs@. 85-101 "Approvtn the Teems of the Alrsement Between / orena* and tawrsnce Lanceshits and the Kanat Peninsula Borough for the Acquisition of Rtght-of-Nay on Sport Lake Road" !Mayor) POSTPONED 4k1 Roo. 86-27 "Authorising a Negotiated Land Sale of Borough Patented Land@ Described as Lot 15. Section 10. Township ! North, Range it Weec Seward Meridian Alaska Robert L. Bohmldt" (Mayor) FdSTPONED (t) Roo. 86-52 "Oranttnl a Utility aseement Acres@ Roroulh Ownsd Land Located in Section 16 and section 21. Tnwn- ship 6 South, long* 11 West B.N. Alaska to the elty of Romer" !Mayor! TO sit1886NEDULio BY ettY OP HOMlR M. FORMAL PREDENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. MAYOR '5 REPORT (a) Planntnl Comission Appointment (b) CM Service Area Appointment (a) Crown Point Update 0. OTHER BUSINESS 481 S)aasti,n ofRondoAve., Specious Lot Subd., Section 14. (b) Vscattllon o! lobine Rd. • portion of Jame Ave., the west t1 Won Bend St., snb various utility easements. Robins Md.. Section 16. T1N, RIM S.N. P. A08040 AND MAYOR'S COMMENTS C CONTA NEOOWN NTO THE POGPUBLICGPR9090TATIONG UPON MATTERS NOT R. ASE'AGENDA INFORMATIONAL MATERIALS AND REFORTO S. NOTICE OP "M MEETING AND ADJ0UINHENT (May 6. 19861 A -p . o A&AA&--. 103 MUWPAL WAY, RM 3W 1W ALASKA MICIPAL LEAGUE INSURANCE PROGRAM IS 0 AWBLABLE To ALL ERS IN m A mm IMUNICIPAAL. IIFAGUEl THAT ARE ACTIVE 0 QWEN%Qi. WVIDING ICTSSIINUARANM KA COVERAGE TO MR SO MUNICIPALITIES AND SOO OFFERING INS�UR�AANNE�E COVERAGE FOR WORKER'S COMPENSATION, GENERAL. LIAR MI OFFICIALSo AND ERRORS AND 004ISSION6 �ORCEMENT, AND SSOM DOARAS EFOR �IC OFFI , ITYo 4 MUNICIPAL 1� s 1, 1 - iif- - j r U ' - AVAILABLE AT THE STATE STATUTORY LIMIIT - PROVIDED BY THE OLD REPUBLIC INSURANCE COMPANY (Ar15 RATE) IRM-LIABILITY AND fiM LIABIL17Y - MAX114JM LIMIT CURRENTLY AVAILABLE 1S $500,000, MINED SINGLE LIMIT. - PACVIDED BY THE OLTU REPUBLIC INSURANCE CAMPMIY (A+15 RATE) - PUBLIC OFFICIALS, LAW ENFORCOW, AND SCHOOL. BOARD COVERAGE CURRENTLY AVAILABLE UP TO $2,000,000f PROVIDED THROUGH W NATioNaL CASUALTY AND THE SCOTTSDALE INSURANCE COMPANIES (A+15NANCIAL RATING) FOR MR INMTION, AM WQWATI=, PLEASE =TACT EITHER JMY SMITH OR ANIIA &KlNIG AT (907) 274-2662, OR WRITE TO JODY OR ANITA AT: NFRU K4 L a OWANYY OF ALASKA QB. �A�l�� V FOR INF(WATION ON HOW TO JOIN THE ALASKA MICIPAL LEl1 L WRITES in NI�+ITCIP LEAGUE ' .. .. EAU,ICAILASKA �ITE 3Q1 , (907) 586-1325 FOR PW LIS LARSON INSURANCE PROGRAM f i i i i 1 1 t I 1 i V e i� • 4"N { Resource Development • for Alaska, Inc. N1 wr N* 0�4r 101t wry,"M imi$ - Nill1N1N 0 ..an" w,,. u 0.1 April 26, 1986 1/�,��o To: Members of the international Trade an i ��: A� Industrial Development Division v A meeting of our division is seheduiedi fore Wednesdayy, April 30 time: 7:00 - SOO a.m. ate RDC conference room (free street parking) 807 0 St. Suite 200 Mr. Shibueawa, Fulbright Scholar in residence at the University of Alaska's Center for international Business„ will be our featured guest speaker. Mr. Shibusawa is a member of the Trilateral Coronission. Sie familyy has been In banking in Japan since World War ii. Mr. Shibusawa will be ZeAving Atanka soon, so make every effort tn attend this excellent presentation) We will also examine the draft letter in support of the concept of 88 433, "An act relating to the Alaska Export Development Authority." Please bring your copy of the bill and summary to the meeting. i look forward to seeing you there. Larry Dinneen Division Chairman P.S. The RDC Thursday breakfast meeting speaker is John Sime, vice President of Marketin for Usibelli Coal Mine, Inc.* Mr. Sims is the former Director of the Alaska State Office of Minerals Development. Please make reservations and comell MW 0 KENAI PENINSULA BOROUGH SPECIAL ASSEMBLY MEETING MINUTES MARCH 26. 19861 7t30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA 0A -(3b'N- .��� ip 2V A yk�o- 9 -131. Pa_ RO NO. T. E A. CALL TO ORDER B." PLEDGE OF ALLEGIANCE .�, 4? C. INVOCATION: Aesemblymembor Carey '195b�2� 1 D. ROLL CALL 1 E. REMAINDER OF MARCH 18, 1986 REGULAR MEETING AGENDA ORDINANCE HEARINGS (a) Ord. 86-16 "Amending KPH Chapter 5.18 for Clarifi- cation an to Facilitate Enforcement of the Borough Sales Tax" (Mayor) 1 Enacted (b) Ord. 86-17 "Appropriating $5,000 from the Undesig nated FundBalance to Increase Contingency for the Nikiski Fire Service Area Capital Projects" (Mayor) 1 Enacted INTRODUCTION OF ORDI110CES (a) Ord. 86-19 "Classification of Certain Borough ratentea"Lance Under Long Term Leases for Sale and Establishing Provieone Therefore" (Mayor) 1 Hr. 5/20 (b) Ord. 66-21 "Rezone of Lots 19 and 20, Block 39. original ownsite of Seward, Section 10, Township 1 South, Range 1 West City of Seward from Single - Family Residential to Limited Commercial District" (Mayor, Req. P.C.) 2 Hr. 4/15 (c) Ord. 86-23 "Prohibitions on Reger m Pita on Borough 2 Tabled Lance -''(`Brown) CONSIDERATION OF RESOLUTIONS (a) Res. 65-172 "Authorizing a Negotiated Land Sale oT Certaln $orough Patented Lands Located Within Section 19, T5N, R11W, S.M. to Ellen Shettlesworth" 4 Defeated (b) Res. 86-14 "Adopting the Procedures Manual for the oGo"Guc€'or Aonembly Meetings" (Policies 6 Predre) 4 AAdsopted. AAmmnn (c) Res. 86-24 "Brant a Public Easement Across Borough umea' ana Located in the East % Section 12, Town- ship 4 North, Range it West, S.M., Alaska" (Mayor) 5 Adopted (d) Res. 86-28 "Requesting the City of Kenai to Resume powers for Solid Waste Collection and Dieposal"(Glick)1713d to F. NOTICE OF NEXT MEETING AND ADJOURNMENT L.� 11. 7-7 ` t fi # ..„�1 �... A R' r f „ fir' � � •i�T" A • KRNAI PENINSULA 80ROUR11 SPECIAL ASSEMBLY MEETING MINUTES MARCH 26, 19861 700 P.M. ROROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The ep•�ial meeting, called to eomp)ate the agenda of March 18. apes palled to order by Pr•o. Betty J. utick at approximately 7110 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Aseemblymember David R. Carey. D. ROLL CALL PRESENTi Assemblymembers Nash, Brown, Walli, Johnson, Mullen, Crawford, Sewall, Moore, Casey. Glick, NcOahan. Onto, Skogetad, Fand•l, McLane* Mayor Thompson. Aden. Aest. Best. Atty. Bosdsk*r, Assessor Thomas Finance Director Barton, Personnel Director Campbell Office of Emergency Management Director Johnson, Borough Clerk Brindley EXCUSEDi Ass•mblymember Keene E. AGENDA APPROVAL Prea. Glick asked it there were items that needed to be added to this a ends and the Clark noted an application for a new club liquor l�cones for American Legion Posit #16 just outside the city linits of Homer. The application is late coming to the Asombly because it was first thought to be within the City of Homer and was sent there for approval. Free. Glick noted Res. 86-28, requesting the City of Kenai to resume powers for solid waste collection. The agenda was approved as amended by this addition. E. REMAINDER OF MARCH 18, 1986 REGULAR MEETING AGENDA ORDINANCE HRARTWnq (a) Ord. 866_-166 "Amending KPB Chapter 1.18 for Claritica- o _an o Facilitate Enforcement of the Borough Sales Tasz" (Mayor) The ordinance was read by title and there was no public comment. ASSF.MBL4MEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 86.16 A"' RECOMMENDED BY THE FINANCE CMTE. THE ORDINANCE WAS RNACTm ry UNANIMOUS CONSENT. (h) O1_d_,_8_-�-M "A propriatinpt 05,000 from the Undesignated Oumi "dance to Increase Contingency for the Nikiski Fire Service Area Capital Projects" (Mayor. Paq. NFSAI The ordinance was read by title and thews was no public comment. ASSEMBLYMEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 86-17 AS THEPF WAS NO OBJECTION BY THE FINANCE CHTE. AND IT WAS ENACTED BY UNANLMAua CONSFNT. INTRODUCTION OF ORDINANCES (a) 010, Ob-1 "Classification of Certain Borough votented Lon4o Under Long Term Lease* for Sale and Establishing Provisions Therefor*" (Mayor) Mr. Skogstad reported the Lands Cmto. considered several p4robler- with the ordinance and felt major revision@ would be needed, T- provide time for this work, the committee proposed setting honr'nc i - L. L .J I C 1 KENAI PP.N1NStILA BOROUGH ASSEMBLY SPECIAL MEETING OF MARCH_-26- 1986 Eau Nov 20 for further consideration by the committee and the Planning Commission. ASSEMBLYMEMBP.R SKOGSTAD MOVED TO SET. 000. 86-19 FOR HEARING ON MAY 20. 1986. Mfg. Mcaahan noted the coming months would be heavily involved with budget consideration and Questioned setting the hearing prior to further revision. She noted these was no provision for less* holders who would like to continue to lase*, or answers to Questions ouch as would the lease amount tncrs&s* Prior to renewal. Mr, McLane commented he would like to sea a report from adminlntra- tten on presently hold leases, actual use of the land being leased and the amounts in acres. He had knowledge of some which were not being used for the intended use. Mayor Thompson reported Section I except& mining, timber. agriculturs and rasing lass**. Its reported a losses may continue to lase* it he so desires. Mr. Sko *tad stated Ord. 86.19 to a policy making ordinance with a broad affect and since there are many state losses on land now selected byinthe Borough, careful consideration needed to be given to eliminate equities is the ordinance. Mr. Dale spoke to the question of whether to have an open bid sale or ::Iotlated sale by reportins his family has a long tore seats le&se h an option that it the land ever goes up tow sale it will be F provassats have been made. This progwas is fair to to en bid but the lease* will have the opportunity to swat the ht bid it lm lasso* and establishes a fair market value. it. Nash stated since this is a policy making ordinance, it should be codified for inclusion in the Coda of Ordinonces for future reference as one set of standards and guidelines and not apply only tf% a specific sale. ORD. 86.19 WAS SET FOR HEARING MAY 20 BY UNANIMOUB CONSENT. (b) I 5d. 01-U "R*aona of Lots 19 and 20, Stock 29s r g vlg& -jrownatte of Seward, Section 10, Township 1 South, Ran e 1 West Cityy of Seward twos Single- family Residential to T.imited Commercial District" (Mayor. Req. P.C.) ASSp.HRLYNENBER SEWALL MOVED TO SET ORD. 86-21 FOR HEARING ON SHORTENED TIME OF APRIL 15. Mrs. Meashan noted there was opposition expressed at the Seward Advisory Planning Commission meeting by a resident of an adlointag lot. concerned about the proposed "auto -oriented commeroial" land uoo plan. Mr. Sewell explained under this category. the only kind of auto activity allowed would be some type of convenienc* store- Other commercial uses are established in the area. ORD. 89-21 WAS SET FOR HEARING BY UNANIMOUS CONSENT- (c) Ord 6-2 "Prohibitions on Reserve Pits on Borough Lando— rown) ASSEMSLYMEMBER BROWN MOVED TO SET ORD. 86-23 FOR HEARING ON JUNE 1 7. Mr. Brrtm stated he had moved for the later hearing date to illow time for reviAw by the Planning Commission and ample public cor.renr. Mr. 3kngntad reported the Lands Cmte. revtewed the proposal and the, backup material but they felt the Waste Disposal Cmen. needed tm conaidar it as well and apply their expertise to the questt0n- -2- L L. A J�11_1 --- tit KENAI VE";VSt1y.A BOROUGH ASSPMBLY APECIAL MEETING 09 MARCH 26, 1986 Mr. McLane spoke against the ordinance reporting from his experionce. the Dept. of Environmental Conservation is becoming more tnvnlvod and increasing their restrictions to order to protect the environment. He reported there are raw gontechnical fabric linore which are impermeable to the materials being stored And prohibition is An ineffective method of dealing with a problem. Never Thompson reported the Waste Disposal Cmen. is et the prooent time dealing with this problem. Pros. Glick. requested Joe Aroses, Chairman of the WDC, co address the Assembly eoncerninR the issue. Mr. Aroess reported the Comrioston le working on a letter to the Assembly regarding the siee solection process that has occurred thus far, and have been diocussing the problem addressed by the ordinance. It is a complex question. and possibly following review of the letter, the Assembly will have a better idea of the nuances involved. Responding to reports that hseardeus materials have been found in soils, Mr. Arnese stated they a�a also be found naturally in the environment and it is difficult to say how much is the fault of the industry. ASSEMBLYKDZER McUNE MOVED TO LAY ORD. 86-23 ON THE TABLE. WITHOUT DISCUSSION, THE MOTION WAS APPROVED BY A VOTE OF 11 YES. 4 NO► VOTING NO WERE Brown, Walli, Sewell and Olick. CONSIDERATION Of RESOLUTIONS (a) Leo, M L2 "Authorizing a Negotiated Land sale o ar a n Borough Patented Lends Located Within Section 19. TSN. RUM!, S.M. to Ellen Shettle@worth" Mr. Sko etad reported the Land@ Caste. has two reooz@undatione1 (1) to not sell any land to Mrs. Shottlesworth, or (2) if any land were sold it would be limited to only the portion shown to have been used. ABSEMBLYMENBER SKOOSTAD MOVED 60R ADOPTION OF RES. RS-172. �- Mrs. MaOahan spoke for adoption of the resolution as written which follow@ the property description included in the finding at the Board of Adjustment. it is not the amount originally requested, but is an -.- Oblount the apyllYenl. wuuld be happy with. Mr. SkoRstad reported the committee felt the amount should be reduced �= ` as Mrs. Shattloeworth has patent to a large parcel where her house in : f✓"� locat9d that ie additional to what she uses for operation of the beach site. He stated the Assembly to not obligated to *all her tha land even though she masts the requirements of the negotiated sale ordinance. ASSEMBLYMEMBER SKOOSTAD MOVED TO AMEND SECTION 1 WITH THE FOLLOWING 13 PROPERTY DESCRIPTIONi "Beginning at the SW corner of Tract B► Thalice n. Westerly 210 feet along the North Boundary of Jacobs Street POW to t the true Point of Beginnings Thence Northerly SO fast parallel to tho {`?r East Boundary of Trans A Thence Wset*rly Parallel with the gonrh Southerly i Boundary of Treat A to M& of Cook Inlets Thence along eois MHW to the SW Corner Tract As Thence Easterly along the Southorn - Boundary of Tract A to the SW corner of Jacobs Street ROW► Thence Street ROW NW Corner T Northerly 25 feet at Jacobs to the of said ROVi Thence Essterly along the North Boundary of Jacobs Street to rho, j,.� •• True Point of Bogtnntngl All within Tract A Karluk Rest Subd. ll." Mr. Nash commented that the findin @ of fact approved by the Beard tf R 0tr applicant rotdthetrequirementslolathesnagottatea salenor'din nco. could suppers a transfer of a portion of the request but nor -Up 4'yy entire amount. ..., Mr. Moore and Mrs. MCOahaft expressed some concern that because at rho- 3 kiw_., Board of Adjustment the findings of fact stated Mrs. Shatttoaworrh -3- _ _ '.L• W t. � 1 . f i y F- :4 VA- 4 .1 L tFNINSUI.AjOnOU011 666ESLj RPP. IAI. HFF.TING OF MAPCH 26 1986 met the criteria of the ordinance, the resolution would be expected to follow through with n transfer of land even though lepalty the Aseen,bly was not required to do so. Mr. Nash referred to the minutes of the Board of Adjuatment which note Atry, Boadsker otated in discussion, the Assembly would not be bound by she findings of fact that were approved, THE SKOGSTAD AMP.NOMENT WAS APPROVED BY A VOTE OF 11 YES TO 6 h0 i Brown, Johnson, Glick and McO•han voting No. ASSEMBLYMPMBER NASH MOVED TO AMEND SECTION 3 BY PLACING A PERIOD AFTER "lapen". CAPITALIZING "All", AND ADDING AFTER "costn", "of survoying and platting"... MOTION APPROVED BY UNANIMOUS CONSP.hT. AFTER FURTHER DISCUSSION, RES. 85-172 WAS DEFEATED BY A VOTE OF 7 YP.S TO B NOs Nanh, Broom, Walli, Johnson, Crawford, Moore and McOahar voting Yee. (b) Rea, A "Adopting the Procedures Manual for the conUgot—or Assembly Meetings" (Policies 6 Procedures) ASSEMSLYMEMBER MOORS MOVED THE ADOPTION Of RES. 86-14. ASSEMBLYMEMSER MaGANAN MOVED TO AMEND THE PROCEDURES MANUAL, PAGE 7 IN ACCORDANCE WITHtORD,i96.1.uoMOTIONIAPPIRIOVEDcBY,Uin NAIIBIMOUS CONSENT ) P MOVED EDORCE01 THE � SON THE ?GE HANDOUT FROM THE OLCIESAPODURE CNIE ASSEMBLYMEMSER SEWALL MOVED TO AMEND THE PACE CONCERNING IMPROPER ACTIVITY, BY REPLACING THE FIRST PARAGRAPH WITH. "Assemblymombers @hall at all times conduct themselves in- an exsaplermanner, befitting the public service in which they are e09e6e1. It is possible Aeeembly cambers may encase in improper activities regarding their office... " AASSEMBLYgqMEMBRRER�� CAREY SUGGESTED REPLACINO "may •n�•{{a�" WITH "mtaaht 8EWALL1AMEenNDMENT, PASSEDA Y IUNAN M USACONSENT=6NOLY 71MXNDMENT AND THE ASSEMBLYMEMBER McOAHAN MOVED TO AMEND "APPENDIX 3" BY ADDING "Fran Moore" TO THE POLICIES AND PROCEDURES CHTE. AND "Chairman" OF ADDED NEXT TO MR. MOORE'S NAME FOLLOWING "Local Affairs Camittes". PREB. GLICK REQUESTED THE REMOVAL Of DAVID CAREY PR011 THE LOCAL H!PY. SPECIAL COMMITTEE. ASSFMSLYMEMSER NASH MOVED THE DELETION OF SECTIONS ON PAGE 7 AND H WHICH HAVE. REFERENCES TO CODIFIED ORDINANCES. Mr. Nanh spoke against having a document which reiterates what has been Potablishad as law in another place, Mr. Moore spoke against the motion as the manual condenses for hart+-, reference which eliminates the need for carrying the Code of Ordinances to the meeting. Mr. .)ohnson noted the convenience of the manual as well as additweg regarding policies which might have prevented recent problems. THE NASH AMENDMENT PAILHD BY A VOTE OF 1 YES TO 14 N0i Nash v"tle6t Yee. ASSYMBLYMEMBER SKOGSTAD MOVED TO AMEND PACE 7 BY ADDING 10(c) V01' ORD. 86.11. "No assemblymembev may give notice of reconsideration if the ordinance or resolution was peeved by an affirmative vote of ) or more of the membership of the assembly. as adopted by Ord. 8A-11.•' NOT104 APPROVED BY UNANIfl000 CONSENT. -a - l,P.NAT PENIPHULA BOROUGH ASSEMBLY SPECIAL. MEETING OF MARCH 26, 1986 ASSEMBLYMP.MBER CAREY MOVED TO AMEND THE T1TLF OF THE. RESOLUTION TO READ ADOPTING THE PROCEDURES MANUAL. FOR THE ASSEMBLY" AND IT VAS APPROVED BY UNANIMOUS CONSENT, ASSEMBLYNEMBER DALE MOVED TO AMEND THE PACE. EARLIER AMENDED BY VR. SEWALL. BY CHANGING "nhall" TO "may" IN THE FtPST 3 PARAGRAPHS. APPROVED BY UNANIMOUS CONSENT, THE MOORE AMENDMENT AND THE RESOLUTION VIV2E ADOPTED BY UNANIN.OVS CONSENT. (c) Refi 86-24 "Grant a Public Easement Across Borough L3"wned' MR Located in the Past % Section 12. Town- ship 4 North. Range 1t West. S.M.. Alaska" 'Mel!nr) ASSEMBLYMEMBER 9900STAD MOVED THE ADOPTION OF RES. 86-24 AS RECOMMENDED BY THE LANDS CMTE. Mr. Best reported in answer to questions. Isask Read to a prescrip- tive right-of-way across Borough land which has not been vacated and is being utilized by residents of the Alexander Wilson 9ubd. ASSEMBLYMEMBER BROWN MOVED TO TABLE RES. 66-24 UNTIL SUCH TIME AS THE PLANNtNo COMMISSION HAS HAD OPPORTUNITY TO CONSIDER THE VACATION OF I9AAK ROAD. MOTION FAILED BY A VOTE OF 2 YES TO 13 NO@ Brown and Mullen voting Yes. Mr. 'Ilan questioned the need of the subdivision for two needs roads to this Sterling Hwy. Mr. Best stated the request to basically in accordance with the Assembly's reply to the request in' Novembers to widen Taryn Ct.. dedicate the 30 ft. ROW going North to Leask Road and let the traffic pattern establish itself. Regarding the half ROW. he reported under the subdivision ordinance the other party is required to match the other half. Mr. Brown stated it is a dedication of 1.36 &ages in access to a subdivision which he felt the Borough should be compensated for as any other land owner would be. Mrio, McGahart r•w..•.r•A Planning Commission minutes be provided with any fiction such se this. Mr. McLane reported the Alexander Wilson tract has an incroaa!rp number of lots and the Borough will be Raining a road built by private funds. ASSEMBLYMEMBER BROWN MOVED TO AMEND TO ADD A NEW SECTION WHICH w9f'',p READ "Conveyance of the 1.38 micros shall be made upon the roceiat �-•- the ioroush of the assessed value of that 1.30 scree. MOTION FAILED BY A VOTE OF I YES TO 14 NOi Brown voting yes. ASSEMBLYMEMBF.R CAREY MOVED THE PREVIOUS QUESTION AND THE. POTION PASSED. 14 YES TO 1 NOs Brown voting No. RES. 86-24 WAS ADOPTED BY A VOTE OF 11 YES TO 4 NOI Brown. Wal l i . Mullan and Carey voting No. (d) Re, g6.28 "Re uesting the City of Renst to Resume vows 8 �o�i 9otid Waste Collection and Dieposal"(Olick) ASSFFRL.YMEMBF.R CRAWFORD MOVED TO POSTPONE RES. 86-28 TO THE APR:L 19 MEETING AND IT WAS APPROVED BY UNANIMOUS CONSENT. OTHER BUSINESS ,a) New Liqquor L.teensei American Legion Organteatton. Pont e!A Frith Crook 0-1 F KENAt PENINSULA HORnIm ASS.R bY_SpRCtAI. MPP.TINQ OF MARCH 26, 1986 Mr. Brown reported Its is a member of the orReniantion, 0ekin6t :f there would be a conflict of interest. Pros. Glick Poked if Mr. grown felt he would be able to make an impartial deciolon an the matter. Mr. Brown stated the license could significantly imorn-n the performance of the organisation but he would be impartial. ABBENBLYMEMBER MctANE MOVED A LETTER OF NON OSJRCTtON BE SENT TO THE ABC BOARD CONCESSM0 THIS APPLICATION, It was noted while no further liquor licensee wore available tinder statute foridentifiedborough:, seh:,thisClub liapplication was the Civet under this categorMOTION WAR APPROVED BY A VOTE. OF 14 YES TO 1 NOt 14c0shan voting We. ABREMBLYMP.MBER SEWALL MOVED TO SUSPEND THE RULER TO ALLOW ADDITIONS TO THE AGENDA AS FOLLOWBi (T) Presentation by Clancy Johnson, (G) Assembly and Mayor Comments, and (H) Public Cosmentn. THE NOTION TO SUSPEND THE RULES WAS APPROVED BY A VOTE Of 13 YES TO 2 NOt Crawford and McLane voting No. FOLLOWING A REQUEST FOR DIVISION OF THE QUESTION. ITEM (F) WAS APPROVED By UNANIM0118 CONSENT. ARSEMBLYMEMEER CAREY MOVED TO AMEND MOTION FOR ITEM (0) TO INCLUDE A MINUTE LIMITATION AND tT WAS APPROVED BY A 10 YES TO 5 NO VOTE Brown, Valli, Johnson, Dale and McLane voting No. THE MOTION TO ADD (0) AB AMENDED WAS APPROVED g YES TO 1 NOt Nash, Valli, Crawford, Dale, Skogstad, Fandel and 111060e voting No. Pre@. Click explaining as a procedural motion, a siapie majority was sufficient to pass. Mr. Crawford believed the motion legislative, not procedural. THE ADDITION OF ITEM (H) WAS APPROVED BY UNANIMOUS CONSENT. (F) Presentation by Clancy Johnson, Director of Office of Emergency Management, Mr. Juhaeu►, Laben tlis report on the puliut.iun of Moose Point by tdLi care at the point after the cars were moved to Hunter Valley. No described the process of testing the air. snow, water and ice by himself. DEC and Chem Lob. at the request of the railroad. himself and others. Tests were done in 39 homes identified for formoldohyde. their chief concern at that time. Arrangements ware made for housina for 11 families which declined to move back when it was declprod safe. An adjuster, Bob Jackson, has been hired by the railroad — accommodate residents and will be there as too$ as necessary to pav housing, medical and food expeness. Bills are being paid as they are turned in unless there is litigation in process in which cane thev are routed through the attorney. Irritations developed a$ a result of exposure have been inconclusive. He described symptoms apparonr with graduated levels of formaldehyde. to a vspport issued todav by International Technolo yy Labs shows Trimstholsmins psesent but nano of the hvdraeines, wtch was the primary concern. He reocr►ea families which have had to move out have been coopovativo ar.d accepting. Mr. Sewall thanked the Assemble for allowing Mr. Johnson to hrtfta them the report as the Borough is the only municipality these p000 l.- have. Pros. Glick stated after checking with tits Parliamentarian, Ph@ -1•+141 reverve her ruling regardinx adding Assembly Comments to the agotWot it roouires a 2/3 vote to amend the agenda. RRNAi PENINSULA BOROUGH AgSFMD1,1t SPRCIAI. MEETING OF MARCH R6 198b • Mr, Brown raised a point of order asking pertniooion to ook Mr. ' Johnson questions and Pees. Glick ouggested he talk to Mr. .Johnson following the meeting. ASSEMBLYMEMBP.R BROWN MOVED TO OVERRULE THE CHAIR. i Mr. Brown reported he had visited Crown Point and felt he hold expertise in the areal he had encountered complete cooperation by Mr. Johnson as well as the railroad Na had officials. specific questions - - regarding testing for chemicals he believed should be answered. THE CHAIR WAS UPHELD BY A VOTE Or 1 YES, 13 00, 1 ABSTATNINOt Brown voting Yes and Pree. Glick abstaining, (0) Public Comment (none) f Pres. Glick stated committee chairman would be allowed to maka announcements. Mr. Sewall stated Public Works would meet at 400 April 1 in order to look at comin school construction. Mr. Moore referred to the final draft of Ird. 86.6(Sbst) which the Local r, Affairs has been working on. He requested the assembly consider the - ordinance prior to April It the covnittes will consider that ordinance again at 2 p.m., April 1 with regular meeting to follow at - 3 P.M. Pres. Glick noted the KPBSD Budget had been provided although formal receipt would be acknowledged at the April 1 meating. Pres. Glick asked if there were any objections to an excused absence s `... for Brantley Keene and there were none. -: Ores. Glick announced U.S. Rep. Don Young would be at the Borough with the Resource Development Cmsn. and any interested Assembly mom ors may attend as well at 10 a.m. tomorrow. Lt. Gov. McAlpine will also be in the building at approximately 100 p.m. t - -AP ' Pres. Glick announced she had approved travel arrangements for Mr. SkoRstad and Mr. Dale to go to Juneau on April 1, asking if there were objections and there were none. P. NOTICE Of NUT MEETING AND ADJOURNMENT (April 1, 1906) Pree. Glick stated the Policies and Procedures Call. would meet immediately following the meeting and the meeting adjourned Ar ! approximately 11 p.m. Data approved April 15, 1086 ATTESTS • Y .AMID reel not _ • � I AorouRn Mark �i r.,r. ;• Ij I i - - i =`=-4 me s 3; Fo-�G KENAI PP.NINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTP.S APRIL 1. 19061 700 P.M. BOROUGH ADMINIO?RATION RI1 9N0 " SOLDO?tIA, ALASKA f A. CALL TO ORDER f 1 B. PLEDGE OF ALLEGIANCE C. INVOCATION Rev. Robt. CoRburn, Aseembly!vf 0(sd•, Kenai 1 D. BOLT, CALL 1 F. VACANCY. DESIGNATION OR SEATING OF ASSEMBLYMEMBER F. APPROVAL OF MINUTES• Regular mtg., March 4 6 18, 1906 1 Appvd. 0, COMMITTEE REPORTS (a) finance (Crawford Carey, Pandel Johnson, Nash) 1 (b) Lands/Resources (�koRetad, Pander, Johnson, Keene Mullen) 1 (c) Legie{ative (Dale, Crawford, Moore. Sewall Skagetad) (d) Local Affairs (Moore, Dale, Sko`stad, Valli) (e) Public Works (Sewall, Brown. Mc ahan, McLane, Mullen, Valli) 1 (f) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA (a) A Resolution Saluting the Memory of Bertha Porter and Offering Condolences to Her Family (Mcdahan) 2 ** Mayor's Budget Message by Stan Thompson, KPS Mayor ** Presentation of the PY 1986.67 RPS School District Budgst by Debra Mullin, President of the Board of Education t. ORDINANCE HEARINGS (a) Odd. 46.3. "Providing for the Hire of Local Auali- e a or on Government Funded Employment ppor- tunities" (Brown/Carey/Glick) 2 Po+pprd to Sig •(b) 02d. 841� "Amending Kenai Peninsula Borough Code Cho e"ii �.01 - Land Use Planning and Zoning Powers to Inetude a New Section" (Mayor) I Enacted (c) O d B6- "Amending the Kenai Peninsula Borough code ap er 21.78 Parking Requirements Within the City of S*werd" (Mayor) 4 P,nnco:od (d) Od 8 ;B19bet) "Repealing Chapter 3.041 Enaa:ing Chip. , 3.00, 9,10. 9.12. 3.14, and 3.16 and Amending/Deleting Other Provisions Containad in the Kenai Peninsula Borough Cede to Conform with Title 3" (Mayor)(LACS) 4 Polrrd cr F t' (a) Ord. 86- SbI�l�� "Amending KPD 2,08.050(0) to Limit ti"joRLBUt 90r" Econsideration by Denying Reconsider- atton of Any Ordinance or Resolution Adopted by a Threa-Fourthe or Greater Vote of the Assembly Membership" (Moore) ENACTED W/NOTICE OF RECNSDRATN A Not :1.+cn If'©rd._B6-l�a(Sh�?1 'Providing for an Elected Board for e 116 e nsula Hospital Service Area and Ratification of this Ordinance by the Vetere" (MrOehon) DEFEATED W/NOTICE OF RMONSIUERATION 1/ 18 6 0"i if �L� `tgi--:. Pngn tin. J. INTRODUCTION OF ORDINANCES (a) 0 86.24 "Amending KP8 Ordinanco 11.04.100 and d4,,,MRegardin Public Lando Claootficatimn rind Selection for the Purpose of Clarification" (Mavor) 7 Hr. 5.6 (b1 0 l.8�6.2! "Increasing the Borough salon Tax Rato o +re"e—Percent" (Mayor) 7 Hr. 516 (c1 Ord 86- 6 "Amending Ordinance 85.90 to Revise the rates ror Over-the-counter Sales of Certain Borough Patented Lands Not Sold Through the Lottery" (Mayor)8 Hr.. 5/6 (d) Ord 106.27 "Enectins KPB 5.22 Establishtna P.tigt- cy oqutrements and Condition@ for Grants 8yy tho Kennt Peninsula Borough to Senior Citizen Organize• tion@" (Finance Cmte.) SIG (a) Ord. 86.28 "Appropriating $20,800 from the Undesia- naMed AnOTior Point Fire and Emergency Medical Service Area Fund Balance to Increase Contingency for the Anchor Point Fire and Emergency Medical Service Area Capital Projects" (Mayor) 8 Hr. 5/6 (f) Ord 86-29 "Amending KPB Code of Ordinances to Add a Section—ConcerningAssembly Action in the Event of Assembly Member Misconduct" (Glick) 8 Hr. 5/6 K. CONSIDERATION OF RESOLUTIONS (a) R•6. 83 "Approving the Selection of Construction/ ro eo aria ere for the Proposed 1986 Bond tissue Mayor Negotiate Con• Pre acts, Authorizingthe to a OF RECOH. 3/18 10 Adopted trait" (Mayor) ADOPTED W/NOTICE as amnd. (b) Ran ��86•��� "Reclaeeifvin A Parcel of Borough Pat- 11, sn"Fia,16;9n Described as Lot 4, Section Township 3 North, Rang• 9 West, Seward Meridian from school Purposes to Public Use and Approving the Use as a Site for the Ridggewayy/Startin Fire Service Area" PLAN 10 Adopted (Mayor, Req. R/SFBA Board) REFERRED TO CMSN a@ amnd. (c) pW&J&%O� "Authorizing and Approving Refunding of one• ra�li8ation Indebtedness of the Kenai Penin- sula Borough (Mayor) It w/drawn (4) •s,. 8 4b b*_�e_� "Amending the Allocation of Muni- c PA11- I Grrant Funds Provided in Resolutton 65-162 by Transferring 038,099.90 from Sport Lake Road to Cohoe Loop Road" (Mayor) 11 Ad(,rt--4 (a) Ree. 86.47<Sb L "Amending the Allocation of Grant u++ s ro e n Resolution 86-33 8yy Transferring 065,927.11 from Various Project • to Coho• Loop Road" (Mayor) 11 Adorved (f) Ran, 86-480b "Amending the Allocation of Muni- c pa ran u s Provided in Resolution 85-159 by Transferring 0113,000 from Cohoe Loop Road to Sort Lake Road Account and the Contingency Account"(Ayr)11 Adcuted (R) RnAS6. 9 "Amending the Allocation of Grant Funds rrov&U60 Ln Resolution 86.22 by Transferring $12,052.37 from Cischanski Road to Knight Drive" (Mavor) 11 A& -pod (h) es. 86. 0 A st "Approving the Award of a Contract o er ayy n Tiru'ckin for Cohoe Loop Paving to the Amount of 0689,3SS.�0" (Mayor) 11 Adrn:vd X n 1 u pnA No. „ r11 Ron. 86.31 "Approving the Use of t60,000 for Supple- ;: montnr" y Funding to Expard the ADFC-Borouah Jntrt Cl.,nnup Sponsored 1986 Annual Spring Hnsardous WaOtO _• to Include Homer and Seward in Addition to Kenai- +- Soldotna" (Mayor, Req. Waeto Cmen.) 1: Defeated :r -:'- - + (j) Res. 86.32 "Oranting an Easement for Utility Purpnn.ls fivnot Peninsula borough Property to Homer Electric Aaaoctstion. Inc. (Mayor) 13 "lot Adre (k) Ron 86-54 "Granting an Easement for Utility Purponeo Over Peninsula Borough Property to the City of a' .• eno Soldotna With the Binkley Street Improvement Protect" Not Adre (1) RfaP,,��6-� "Approving the Relocatable Classroom and Seward Elementary Pod Remodel Projecto and Transfer- e ring Funds from Completed Project Contingency Accountn for Their Completion (Mayor) b Adopted (m) Res, 86-56 "Ex Teasing the Kenai Peninsula Borough seem s y Position Againat Allowance of the Use of -�� East End Boad in Homer as a staling Area for Airlift r_N_.: of Fuel and Supplies to the Bra ley Lake Hydroelectric Project Site" (mayor) 12 Incmplt (n) a 86- "Approvinl W ltara and Olson Inc. of Joins M ens an Corroon and B�sak Inc. of c�iora�te. All e Venture, as the Exclusive Agent and Broker for :- tasursace Matters for the Kenai Peninsula Borough" (Mayor) 10 Adopted . _ (a) Res 86-38 "Opposing House Bill 314 Which Would ' ManMana Me Life of the Alaska Public Utilities * Commteston" (Walli) POSTPONED 3118 13 Not Adre L. PENDING LEGISLATION ::,` (This item lists legislation which will be addressed at a later time as notedi not for action this meeting ; .; ,-•.> (a) Ord. 83-79 POSTPONED TO 4/15/86 - Ord. 86 -19 t • '== ,�� : t- (a) Ord. 86-21 HEAR 4/13 - _ _: .tea (d) Ord. 86-22 HEAR 4/15 'CABLED (a) Ord. 66-t! Res. 86-27l POSTPONED Res. 86-53 t _;`` ' M. FORMAL PRESENTATIONS WITH PRIOR NOTICE (a) Ntkiskt Acceeas C. A. Short 13 N. MAYOR'S REPORT 14 0. OTHER BUSINESS - (a) Vacation 20 ft. utility easement Collo a Village Subd. i'or Ntk�ski N.S, (b> Vacation 8eetion Line Easements ette P. ASSEMBLY AND MAYOR'S COMNTS 1g i �)RI PUBLIC COMMENTS AND PUBLIC PRESENTATIONS == N7•3�.`ts ii�. P., iNFORMATtONAL MATERIALS AND REPORTS 11 S. NOTICE OF NEXT MEP,TINO AND ADJOURNMENT (April 15. 1966) d _ — LiLf of VFNAI PP.NIt49ULA BOROUGH REnULAP ASSEMBLY MEETING MINUTF,4 APRIL 1, 19861 700 P.M. BOROUGH ADMINISTPATION BUILDING ;+31.0O7NA, AWKA A. CALL TO ORDER RR pp�� TheVregular ice romeetingaien Mc6ahnn mbiy was called to ordor at 7!)0 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation wan Riven by Rev. Robt. COi(burn. pastor na tho Assembly of God Church in Kenai. D. ROLL CALL PRESENT. Assemblymembere Nash, Brown, Walli. Johnson. Mullen. Crawford. Sewall, Moors, Csrey, MQGahan, Skogetad. Vandal. and McLanst Mayor Thompson. Atty. Boedeker, Finance Director 8srton, Public Works Director Nsksrt, Borough Clark Brindley EXCUSED, Aessmblymembers Keene. Dale and Glick E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER T. APPROVAL OF NtWES The minutes of the March 4th and 16th regular meetings were approved as corrected. 0. COMMITTEE REPORTS (a) Finance (Crawford. Carey. iandel. Johnson, Nash) (b) Lands/Resources (Skogsted. Pandel, Johnson. Keene, Mullen) Mr. Sko stad reported the committee heard a presentation by m©mbors of the fachemsk Gun Club on their choice of site and A resolution " being drafted for action following the Board of Adjustment on their appeal. Suggestions were made to Planning staff regarding Ord. 66-14 and further input will be forthcoming. (c) Legislative (Dale. Crawford, Moore, Sewall. Skogeted) (d) Local Affairs (Moore, Dale, Skogated, Walli) (a) Public Works (Sewell, Brown, McOshsn, McLane, Mullen, Watii) Mr. Sewall reported the committee heard a detailed report frnn �!+- Shepherd regarding change orders for the Homer High School. Thu, committee also worked on a forthcoming resolution reeusetinK the Waste Disposal Cmen. to study the reserve pit situation and make rocarmandattons. (f) Date Processing (Johnson) M. AGENDA APPROVAL AND CONSENT AGENDA Vice Pre@. Mc0ahan requested the addition of the Mayor's budaot messalte and reeentation of the school board budget pr'nr t+, Ordinance 11sarIn e, She noted substitutes had been provided for Rpa+ 86-46. 66-47. gb-4e, 86-30 and 86-56 and the addition of Ord. 86-`a (introduction). rdino ce hearinne in requested to many8Sewardbrutdents ettond0 aW r I1�I pRNTN9�J1.A ROROUON A88na Y RPOULAR MEETI O OF APRIL 1, 1906 Oo;l _ ra;�,':. Reconsideration of Roo. 86.41 and 4oe, 86.29 were moved to fnt.'be Introduction of Ordinances. Mr. Crawford requested Ron. 9b•51 be removed from the Consent Agenda. Mayor Thompson requested wi!hdrnwnl of Res, 86.53 per City of Homer. Vice Pros. McOahan requootod :ha ;} Mayor's name be added no co-nponsor of the following resolution which she then road in ito entirety, (a) A Reeolutlon Saluting the Memory of Oorche Porcor and Offering Condolences to Her Family (MCGehon/Mayor) t The resolution was adopted and the agenda approved as modified. �* Mayor'o Budget Mosongs by Stan Thompson, KPB Mayor Mavor Thompson read the presentation contained within tno FY 1986-97 KPb Budptee, otating the three main increases are due to bonded indebtedness paymento from our new school@ school budget nnA +r- insurance coats. He recommended no increase In wages but emplovee neXottation@ could result in an additions l ra uest. He recommended an and stated overallgtheleconomy of the Boroughn add t napp 9rie to be nt good tax Ae by DebracMullin,tPressYident of theBoardof Education dRee Mrs. Mullen reported on the process of forming the preliminary budget througRh final approval by the board following a worksession with the assembIv. reporting reductions in the amount throughout the process. Out of 11 new programs considered, onlyy 6 were reteinedf (1) bus transportation from Cooper Landing to Soldotna Hi h School, (2) 1 intervention specialists at the atsmentary level, ( a supervisor of education technology and vo ad and (6) a half rive nurse coordtnseor. .` The final budget amount proposed is $13 930,119 with special g:sntm bringing the total to 036 936,992. Ji s stated the Board would sX welcome any questions Assemb{y member@ might have. ASSEMBLYMRMBER CRAWFORD MOVED TO ACKNOWLEDGE RECEIPT OF T11E PY S' f ,�- 1986.87 SCHOOL DISTRICT BUDGET AND THERE WAS NO OBJECTION. HIAR.iana h ' (a) 0 d. B6- "Providing for the Hire of Local Qualified o on Government Funded Employment Oppertunitiss" ,* (Brawn/Carey/Olick) The ordinance was read by title and public hearing opened. Jean 90 rader, Kenai, recalled hearings held in Seward. Homer and !hc' 0lot o na area where approximately 100 people attended. Rho n��co�+ T and reccodmendeduthe assembly take guidancenfromotho.local hs ringsProgrer� ! Do P. win , Soldotna, referred ea en earlier people petition l support ha t'' c rcu ated, reporting 73 percent of people he talked to wore local residents and in support, 25 percent not supportive w0r.1 workingg . He noted the Seward prison, Ono of but not from this area she bihe@ Started and already there Are gger lobs for the year + severnl out of state people working while hundreds of qualifinc! people are at hand. He commented on the economics of non residonto taking salaries away wham they leave. ,emu` Brad Brndney, Soldotna, noted there is concern for local hi�o .ff, k,:`:. cons ruc on rolects but there should be equal attention gi n 1 white collar jobs. He recommended funds should be spent on tri:r+;•'u rather than moving.He stated the government should practice ullnc it :z'- - preachos in regard to local hire. E?- {oue Mnr98ward, commented there are 7 local people Our ison lob. He had talked t vn she hro a "on roaident who av� +` working because la brother-in-law is a foreman on the prolate. 2 . y_•�- _ - _ - x r - dT T .- L _-�04 M rye•- ' 7 e 7. f: 4 s: gFNlit PPNINOULA BOROUCH 9A 9V,MBLY RP.t1ULAR MP.ETING OF APRIL 1, 1986 recommended the Borough hold a probid negotiatione conforence with potential holder@ to atroo@ the importance of local hire. Nu referred to copies of NH 456 provided which to patterned after rho WveMing local hire law but he urged the Aooembly act and not wnit "nr ►.ho Legialature to take care of it. lam Patina . Clam Gulch. stated local hire is not luet a Onrough problem out to statewide. No felt the State to e no apnr"PTiato entity to enact a comprehensive law but he did not think the LeRtnta. ture was making enough progress. Go don Lev . Kenai, thanked the Assembly for going ahead with thto or Hence. Many time@ the Legislature has proposed good hi11n tnd people have been hopeful. but they never got passed. Public hearing was closed. ASSEMBLYMEMBER BROWN MOVED TO ENACT ORD. 86-9 AND THEN TO AVEND BY CHANGING THE CODE REFERENCE IN SECTION 1 FROM 16.20.010 TO 18.05.010 AND THE AMENDMENT PASSED BY UNANIMOUS CONSENT. ASSENSYMEMBER BROWN MOVED TO POSTPONE TO MAY 6. He thanked people who spoke in support at local hearings and wished to delay the ordinance in order to incorporate some of the ideao proposed Mr. Crawford spoke against postponement statin if there are other matter• to incorporate they can be put into fort or ordinances. Mr. Nash reported the Local Hire Cmta- has discussed options and docided it would be better to keep the benefit of input from local citizens with this ordinance as backup. They do not anticipate changing the provisions. but adding to them anA one package will be stronger. There could be another public hearing follovinR postpone - Mont. Mr gat -all ...w6wood Lhe uroinance needs t;. La ir. form to stand the test of constitutionality.It is squally important rI support programs such as AVTEC and UPCC because trainingR and hsvtna qualified workers available to just as important es msndattaR local hire. Mr. Johnson believed a statement the Assembly to sorious nhour addressing this issue was necessary through passage of the ordtnan" before summer Jobs are filled. FOLLOWING FURTHER DISCUSSION ORD. 86.3 WAS POSTPONED TO MAY A nY UNANIMOUS CONSENT. tbl Ord. 86.16 "Amending Kenai Peninsula Borough Code a es .01 - land Use Planning and Zoning Powers to Include a New Section" (Mayor) Thorn was no public comment. ASSEMBLYMEMBF.R SKOGSTAD MOVED THE ENACTMENT Of ORD. 86-18. In reeponoe to questions. Atty. Boodeker stated paragraph C -ono biisriussnstiiloalplans would be given serious consideration their thefnatge athoughiti legally binding. Mr. Skopotad cemented that although some of the cities in •�P Borough have updated choir comprehensive plans recently. the 14rr"119h, with tho final authority is acting (TOM a 1974 comprehensive slnn. The Mayor stated the Borough's plan to modified with each approval a city plan and so far there has not been any conflict wtrh a"n nnnArtiAutde plan and a city update. . 3 . L.. A I s KFNAI PPNIN4lit A AAp�hGtl ASSVtINLY RV(;UI.AR MP.P.TING- OP A_PRIL. 1_, 1986 v AFSRt(BLYMFMER CARRY t1AVRD TO DELETE PARAGRAPH r. Atty. Boadeker atated other effects of the nrdtr.nnco aro to al:nw tho r city planning commisetone to initiate an action directly for a chanRa in the city comprehensive plan and the Planning Comniesior would hp lintted to considering the impact@ on the surrounding area. "nod ASSEMBYHEMBER NASH MOVED TO AMEND BY ADDING TO PARAGRAPH 0 report their findings to the Aosembly prior to any Assembly action to AN1Vr1r AND IT WAS APPROVED BY !'N5 change the comprehensive plan." CONSENT. --� t 7 ASSEMBLYMEMBP.R MULLEN MOVED TO AMEND PARAGRAPH C BY CHANGING "Rive t great weight to" TO "consider" the city's recommandatton... i Mr. Mullen commented Title 29 mandate@ a periodic overall review n�ct update of the compreheneive plant which dose not happen in thin _o Borough. APPROVED " NANCE AS AMENDED WAS ENACTEDBPY AAMENDMMEENLEN T WAS ITHDRAWNAAND Y UNANIMOUS CONSENT. (c) Or "Amending the Kenai Peninsula Borough Within 21.78 Parking Rsquiramente the o e 'toward" City of Seward" (Mayor) t There was no public comment. A88P.MBLYMEMBER SEWAI,L MOVED THE ENACTMENT Of ORD. 86-20. ' Mr. Sewell reported following the adoption of a comprehensive plan in Seward, the advisory planning commission has boon systematically o , updating the zoning code and this ordinance to part of that update. ORD. 86-20 WAS ENACTED BY UNANIMOUS CONSENT. (d) Ord. B -8 b "Repealing Chapter 3.04+ Enacting chaap ors 3.08, 3.10. 3.12, 3.14. and 3.16 and pter$ 3.lc!Lnrr ' Arhms Vomp4eIrmo Contained in the Kenai Peafowls eorou h Code to Conform with Title s k ,• (Mayor) POSTPONED 3/18/86 Public hearing was opened. J dies Dtxo Ntkiski. thanked the Local Affairs Cmte: tow their hard , or on +e ordinance but spoke against onectaCht. Shs did not Pei: it was necessary ee the prevent code has been effective for 9 voaro. She referred to the section on membership stating as A qnn;' association a closed shop was necessary. The ordinance reor.ri9 A against both striking and bindtalt arbitration. She stated rho KBF has always operated in good faith. - Jean Sc radar, Kenai, referred to sections dealtn�{ with b.11n«n. dues, it this was a unt••n I reprosen a on, membership and stating protected under the National Labor Relations Act, these would Bo - -� - eonetrued as unfair labor praetioa. She did not believe it the duty t of the Aosembly to take an active pact in organizing a union. An faith. She probe 4 important part of negotiation is maintaininggood to the eminent beginnin of negotiations ansuggested a better +•+b could be done without the pressure of a deadline. She reported Jtw but feel@ the Borough should "lend 0%t1 r doonot work for the Borough r wav" . Gordon It , Kenai, referred to the section dealing with arre," he b¢:levol in'aic, or conviction for ariminsl offonves, which uo ;t:;•. _ ._ _ _. ' wore violations of the US Constitution and rho even of Rtito believed they included economic blackmail and eventually woululd �• subject to boina overruled by the courts. L. 0_1 J „_ e �i KENAI PENtNSl11.A BOROUGH ASSFM LY RF.(tU1.AR MF.PT,NG nF APRiT. =lam 19R6 Jim_ Vit�ornld, Soldotna, repr000ntinp Vlotnnn Voternnq, roporW nuppport for Mr. Naoh'o 9nrrh�nmtna Amandmo/ir. fir vorpr7n'�, preferon�o to hiring ao gratod in State and Vede+ral law. CA'Ll Gusone, Soldotna, n departmental repro sent ittvo to UREA, thanked tho romm�toe for oho work accomplinhed with the ordinance. No reported of paramount importance to the tneluoton of loction 116.095. scope of arbitration for negotiations, it is inconsistent with other languapa in the ordinance and to counter to Rood °nith procedures it can only hurt the Borough by lowering the mnrale of tto employees. The KBRA has Rona into previous negotiation" 4nowtng unresolved innues will be settled by an outside third party. This aections aooms to say good faith only applies to those tonuoo thar can be agrood upon in negotiations. Section 3.06.090. nrroot. indictment, or conviction for criminal offenses, states ar-t n1 ch000 may be a bonis for disciplinary action, regardless of conviction. Circumstances or allegations of guilt Can Justify disciplinary action under this parngraph, There are no procedural gutdolinoo for employee investigations. JaIrry Hobart, 9oldotna, stated as an employee he wished to thank the committee for long hour@ of work but stated the ordinance was written to influence the negotiation process and questioned its constitutionality He noted the Mayor's referents to low operations costs, stating this was due to labor cost and dedicated employees who have negotiated their contract for the past 9 years on exteting guidelines. Crai Fa 1 , Kenai. an employee. thanked the comsittee.ond stated e concern that lack of time to adequately deal with the ordinance. He asked the ordinance be postponed but if enacted he would ask for deletion of Chapter 16 except for paragraphs dealing with certifica- tion and de-certifteatton, Rick oa , President of KBEA, thanked the eo(mittee for efforts on e or nonce and spoke for tabling the ordinance. He believed valid points had been raised and considering the magnitude of the ordinance, additional time was needed for modification. He reported up to this time. he had thought labor and management was one team at the Borough, but did not believe there had been Rood faith bargaining. John Terhune, Kenai, reported his dislike of unions but felt he would no'E"Tic�i`�0 work under this ordinance. Brad Bradne spoke for. the veteran's preference amendment, norin8 e Rate and Federal government@ include it wherein a vateran would rocnive a 9 point advantage over nonveterans and a disabled voternn would receive 10 points. He urged postponement until amondnentq could be included. Tom Patmo , Clam Gulch, reported he had been a union member eincp com nR o Alaska 10 years agd, but did not agree with bindt�a arbitration procedures. He did not feel the Asnamo:y should ►,o voting on working conditions of the employees. He suggested porhnna union members in the Borough should atop dealing with the non union Borough if the ordinance is approved. Public hearing was closed. Mr. Nnure, Chairman of the Local Affairs Cmte. referred to Printed optima to 3.16.095, and reported the eommittes would like to withdraw the amendment left on the floor March 18. presented as the 0.occond draft" of committee recolmnendations. and replace it with *he committee substitute presented tonight. Vice Proo. McGahon read the second amendment pendinn from March 18 by Mr. Drown, otntina this was the motion before the body. ASSEmBLYMFMRER SEWALL MOVRD THE POSTPONEMENT OF ORD. 86-8 (LACS) To sing 17 . y. X 0 KENAI,PFNtySUT.A BOROUGH ASSEMBLY -REGULAR MEETiNn OF APRIL 1, 1986 Mr. Sewall stated the eommitteo substitute in much bettor than the original ordinance, but problems remain with some aecti0n9 and wV h negotiations set to begin to two do a, he felt it ohoald be removed from the pressure of immediate negotiations. Mr. Moore 9rated the committee proceeded on the basis of Assombly comments of encouragement. He felt the ordinance was randy for enactment and that the Assembly should legislate a framoHnrk f,)r a relationship with all of the employees of the Borough, and noo, aide step the iosue. Mr. Vandal commented while the Assembly appreciated the committess'e efforts, the ordinance should be postponed or failing that, deft-ated. ORD. 86.8(LAGS) WAS POSTPONED BY A VOTE OF 8 YES TO 9 ":01 Walli. Johnson, Mullen, Moore and McLane voting No. **Vice Pros. McOahan called a 10 minute recesu.** (e) Ord. 96.11Pbo "Amending KPB 2.08.010(D) to Limit e gg or •consideration by Denying Reconsidern- tlon o[ Any Ordinance or Resolution Adopted by a Three-Yourthe or Greater Vote of the Assembly Membership" (Moore) ENACT W/NOTICE OF RECON. 3/18 ASSEMBLYMEMBER CAREY MOVED TO RECONSIDER THE ENACTMENT OF ORD. 66-11(Sbot.) Vice Pros. McGshan passed the gavel to Mr. Carey in order to speak for reconsideration of the ordinance limiting the Assembly -Os abilit4► to reconsider. She stated there have been times when additional information has been brought forward and decisions overturned. Mr. Brown spoke against the Assembly limiting itself in this instance as well as others. THE MOTION TO RECONSIDER FAILED BY A VOTE Of 4 YES TO 9 NOs Brown. Mullen, McGahen and McLane voting Yes. (ai 0 86• Ahar "Providin for an ElacrwA fin*•A Pnr a en ra an sputa Hospital Service Area and Ratification of this Ordinance by the Voters" (McGshan) DEFEATED W/NOTICE OF RECONSIDERATION 3/16 ASSEMBLYMEMBER JOHNSON MOVED TO RECONSIDER THE DEFEAT OF ORO, A6-14 (SHIRT). Mr. Johnson likened having elected and appointed boards to plovire ' two different sets of rules. He referred to several calls askinp the opportunity to vote on the question. THE MOTION TO RECONSIDER FAILED BY A VOTE OF 4 YES TO 9 N0t Brown. Johnson, Corey and McOahan voting Yes. Vice Pree. McGahen asked the attorney to bring the ordinance back it 60 days, (j) Ree 8 "Approving the Reloeatable Classroom and ewer emontary Pod Remodel Project# and Transfer- ring Funds from Completed Project uontin`ency Accounts for Their Completion" (Mayor) RogoS Sampqgyl, Principal of the Ssward Elementary/Jr. High Scho,,t. aox@a persons in the audience to stand who cast to support 9`,- resolution and approximately 30 people stood. He reported the ®rh.t•,: use constructed with pods larger in size than the Assembly room wi6 rollin8 partitions approximately 3 feet tall. One of the ped9 wnv remodeled last year and the results have besa great in terms of student's scholastic achievement since that time. Anticipating .ir increase in enrollment it is important that 4 additional elaNnr,-na -6- V H 1% 1 • (�RNAI PFNIN91►1 A RORO(1GH ASSRMBI.Y PKIMAR MRRTING OF APRIL 1. 1996 will be gorersted without adding oounro fnota o with tho •amodol. N" re stied he had letters ofsupport from 981 of the houoeholdA rnproo- onted. tie atated it is not an sesthette change, but an econonl,. ' - R va Walker, Seward, speakin as a parent reported the cnmplveion of e remoel is necessary to meet the goat of the school district to provide the beet possible education for all the students. She r eepested the classrooms are so noisy with 4 eeachere spanking of j _ ones, that concentration to nearly Impossible. r h Wm Too a Seward, President of the Sewered PAC, @peke to the ens need for the new elemeneery school proposed for the 1966 bond election. He stated the two projects would compliment each others one would not negate the need for the other. Mr. Sewall reported the Public Work@ Cmte. discussed the project and gave unanimous approval to the resolution. tom, -1 A88EMBLYMEMBER SEWALL MOVED TO ADOPT RES. 86•95 AND TO AMEND THE . TITLE TO ADD "FOR SONI AND NIKISKI ELEMENTARY" FOLLOWING "RF.LOCATABLE CLASSR ABSIMBYMEMBER HASH MOVED TO AMEND SECTION 2 BY ADDING "tor Soldotna g High School and Hikiski Elementary" FOLLOWING "portable e elseerooms" THEthAMESth NNDMENT AND THE RESOLUTION WERE APPROVED By UNANIMOUS CONSENT. Mr, Carey reported this would bring to 9 the number of portables at Soldotna High School. J. INTRODUCTION OF ORDINANCES '. (a) 0Od,.,86_-_2_4_ "Amending KPB Ordinance 17.04.100 and 1- iTrt�iiO [tegerding Public Lands Classification and Selection for the Purpose of Clartfi0ati011" (Mayor) �.; . . • A86EHBLYMEM9ER 9K009TAD MOVED TO SET ORD. 86-26 FOR A MAY 6 PUBLIC ' HEARING, Mr. Sko etad reported two members of the Lands Cmte. discussed the 'E>> E ordinance and felt the planning staff had more expertise in oleenity- ' h ing norough eeleuL.d lands taw a"V "interested arty". It would ; seem any*" a could 0o= in and nlaestly a paacsl •� ,• •p•ci!!. need. vt- Atty. Boedaker replied to questions that some of the changes ware " houeekeepin in natures former langua a indicating the plenaira f commission �ad authority not provided �yy statute. The provtoinn would allow someone in-house to avoid a scheme designed for somethinp else. Mr. McLane spoke in support of the ordinance, stating it would make { z C^ the procedures for use of Borough lands more efficient. ij ORD, 86.24 WAS SET FOR HEARING BY A VOTE Of 12 YES TO 1 NOS Mu110►• voting No. l ,_ _ : _,• 3- tb1 Ord 86-2 "increeelnR she Borough Bates Tax Mee j �. r. to Wes ereent" (Mayor) 1 ABSEMBLYMEMBER NASH MOVED TO SET ORD. 86-25 FOR A 11AY 6 PUBUC ' HF,ARING. t y Mr. Crawford reported the Finance Cote. had no recommendation on f final action, but believed it should be set for public hearing, Mr. Broom favored taking the ordinance to hearing but stated raiolnea taxes prior to considering the budget and potential reducttona to it, tl a _ was premature. r` ORD. 86-25 WAS SET FOR HEARINO BY A VOTE OF 12 YED TO I N0i McOdhAn voting No. I . 7 - `i• =_ I. t 1 t �• / a i KE.NAI PP.NINSULA BOROUGH ASSP.MBLY RP.GULAR MEETING OF APRIL__1, 1986 (c) (Yed. 96.26 "Amending Ordinance 05.90 to Revino the a en Foi Over -the -Counter Solon of Certain Bor"ugh Patented Lands Not gold Through the Lottery" (Mayor) ASSEMBLYMPHROR 9KOOSTAD MOVED ORD. 86.26 BE SET FOR MAY 6 PUBLIC NEARING AS RECOMMENDED BY TI)R LANDS CMTF.. AND THE, MOTION WAS APPROVED BY UNANIMOUS CONSENT. (d) 0 d. A6.27 "Enacting KP8 5.9.2 Establishing Eligibility equ rements and Conditions for Grants By the Kenai Peninsula Borough to Senior Citizen 0roanteations" (Finance Cmts.) ASSEMBLYMF.MBER CRAWFORD MOVED ORD. 86.27 BF. SET FOR MAY 6 PUBLIC HEARING AS RECOMMENDED BY THE FINANCE CMTE, Mrs. Valli noted the ordinance refers to 60 years of age rather than 93 which had formerly been used. stated the Older Alaskans Commission sets 60 years of age ndard as does the fsdersl equivalent. The pro rate share provided will be based on the census which identified years of age or older. noted a deadline of March iS for receipt of grant is from the senior organisations and Mr. Barton reported s he ordinance had been sent to all known organizations. would not adhere to that date this first year. oker stated he would write an amendment to except this year tadline for action at hearing. XE WAS SET FOR HEARING ON MAY 6 BY UNANIMOUS CONSENT. D A 86.2E "Appropriating $28,600 from the Undeell- ne a o or Point Fire and Emergency Medical Service Area Fund Balance to Increase Contingencyy for the Anchor Point Fire and Emergency Medical Sarviee Area Capital Projects" (Mayor) MBER WALLI MOVED TO SET ORD. 86-28 FOR HEARINO ON MAY 6. rspuresd the rublic works i.mL*. hward i .aaarl—1 -r Ledger representing the APFEMSA Board AnI the cemmtttee d approval. WAS SET FOR NEARING BY UNANIMOUS CONSENT. 0 d 86.2 "Amending KPB Code of Ordinance@ to Add a ec on Coneerninpl Assembly Action in the Event of Assembly Member Misconduct" (Glick) MBER MOORE MOVED TO SET ORD. 86-29 FOR MAY 6 PUBLIC, McOahan noted this ordinance, was intended to bring the compliance with amendments made to the Assembly Mnnuml. ad since changes had been made to the word!ng adoptod uprh )f the manual, corresponding changes needed to be made in lance and asked the attorney to prepare asundaents prior ro ,as and Procedures Cmts. meeting on April S. i WAS SET FOR HEARING MAY 6 BY UNANIMOUS CONSENT. DERATION OF RESOLUTIONS Res 06.43 "Approving the Selection of Construction) 11'r6efet- anagers for the Proposed 1986 Bond Issue Projects. Authorizing the Major to Ne otist@ a Con- tract" (Mayor) ADOPT W HOTCE OF RE�ON. 3/18 •e- L !i A:.�..,. F' q �N,�►,I PF.NINSHt,A PAR011011 A9AEM81.Y RE(illl•Ap t1EP.TINO DY APR11, 1, 198b ASSEMRLYMEMBER SEWALL MOVED THE RECONSIDERATION OF RES, 94.43. Mr. Sewall stated reconsideration was appropvinse duo tn nueliticns that were raiood following adoption on March 19. THE MOTION PASSED BY A VOTE OF 11 YES TO 2 NO, Crawford and fti nno voting No. ASSEMBLYMEMBER NASH MOVED THE ADOPTION OF RES. 86.43. In response to a question from Mr. Brown, Mr. Baedeker stated thoro was no legal requirement to hire a construction/project mannaor �(' prepare a project for a ballot issue but it seemed the boat way to Rather relevant information. A question was raised no to whether a former resolution adapted r4uhc be binding in this ease and additional time was needed to vori!y this. ASSEMBLYMEMBER BROWN MOVED TO POSTPONE UNTIL THE NEXT MEETING. Mr. Brown believed with the drop in revenues, this money might be better used elsewhere if it was not required for this purpose. Mr. McLane spoke against the motion and in favor of the funding which would amount to less than 1 percent of the project cost in order to Set the best facts possible for the voters. Mrs. Valli stated this money was appropriated for construction projects and could not be used in the operating budget. POSTPONEMENT FAILED BY A VOTE 0/ 1 YES TO 12 001 Brown voting Yee. Vice Pras. McOahan passed the gavel to Mr. Carey in order to opeak aNainst the selection of Moolin i Associates for these projects. She oted they have managed all of the projects for eaveral veave which have been approved with a number of problems. She addressed @pacific problems that wows overlooked. Mover Thompson otatod Moulin 6 Assoc. have done • `ood job for the Borough in general. They were chosen on the boots of a rating of the presentation@ by interested or1lantesttoile. In rsfewonce to earlier questions as to requirements, he reported the only service mandated was the hiring of an architect to provide plans and estimates prior to bond election. He urged adoption in view -of the ties schedules. In responee to questions, me. raKort statea the ruoasc worse uepr. 11, pprogreeeing with the two prototyypical elementary schools under tho C/M format. The same architect is involved in the three new echoole, the value of s project moneser is anticipating problems and minimis- ing deficiencies. The architect for the Tustumena remodel will ho,?p the most difficult Situation and will require this help to t" greatest degree. He reported they did not solicit a proposal °rrrm other firms for C/N services on the@@ projects. Mr. Moore asked if the name of the firm in second place could be inserted in place of Moolin 6 Assoc. and Mr. Boedsker stated M1K did not prepare a proposal on the same basis. Mr. Hakert reported proposals west solicited from S different firm-i from which 3 were selected by a point system to submit a presentart.Nr and interview. Two time ware than selected to provide n fee ppropposel based on a project management efforts M/K and IMIA. Prnnk Moolin 6 Assoc. was chosen and further into evsluation of the C'M Process, PM4A was asked for a revised proposal for C/M aowvicao. Flo explained the difference between the Dwo strvicws was that a prutoct monegor would manage oils general contract versus construction Mannsvr who would menage numerous contracts. perhaps 14. which would regii1-�� many additional man hours but would replace the general contractor. 60" 'f - _-_ a._- - •9. ♦ _'� PPNtNsULA RORogRN A39pMBt.Y REGULAR 14P.RTING OP APRIM. 1, IOHb Pol'.nwing objections from Assembly members to the process uood, Mr. Hakort stated it was not feasible at thin point to renolicit :- propoenle becnune documents need to be prepared and presented to •he He if the Assembly does not wish to Approvo esombly ill June. stated y .,. FMfiA, he would recommend Public Works stiff proceed with the boat p. effort it can produce. 11 .: •r ASSP,MBLYMEHBER JOHNSON MOVED TO STRIKE THE 4th "WHEREAS" A11D "Prank 4 ai Moolin 6 Assoc." PROM SECTION 1, SUBSTITUTING "M/K". ^.•� - Mr. Johnson felt pare of the reported pproblems could otam from do I dealing with the game firm too long. He believed M/K would the work for the game fee. Mr. McLane spoke against the amendment due to the workload M/K has previously boon neeigned and also he believed it improper to award a contract to a firm that has not made a proposal, ^ ASSEMBLYMEMSER McGAHAN MOVED TO REMAND RES, 86-43 BACK TO ADMINISTRA- TION TO COME up WITH NEW PROPOSALS FOR CONSTRUCTION MANAGEMENT AT THE NEXT MEETING, ASKING UNANIMOUS CONSENT. THERE WAS CONSIDERABLE OBJECTION AND SHE WITHDREW THE AMENDMENT. ASSEMBLYMEMBER NASH MOVED TO STRIKE THE 3RD AND 4TH "WHEREAS" AND TO SECTION PASSED BYTTE%s11YESnAssociates"JoAVOE hnonvoting Or 11 Nand NoI THE JOHNSON AMENDMENT WAS WITHDRAWN AND THE RESOLUTION ADOPTED AS , „ - AMENDED BY A VOTE OF 11 YES TO 2 N0s Brown and Johnson voting No. (b) Res 86-2 "Roe lass ifyin a Parcel of Borough ?At - on ad W Described of Lot 4, Section 11, Township S North, Range 9 West, Seward Meridian from School Purposes to PubliRic Use and Approving the Use as a II R/SPSAaBcard)1REEVERSED TOrnPLAe ArojV' N CHEM f (Mayor. Req. ���B___un��s, Aset. Chief, Ridggsway/Sterling fire Service Area, commea��the Assembly's ro0orval to the Planning Cogan., 3 concerns were oxpreseeso (1) safety factor, (2 alternate loaattons, and (31 �a ,e lot etas available to the school. referred to minute@ of the Planning Coeeoission containing testimony given favoring the reclasat- attending to Support ` fication 10 to 2. He asked Sterling residents the resolution to stand and there were approximately 25 people. Nn + reported they had looked into concerns expressed and as far as the shared driveway, when the highway is widened, it would appair to bo Re Nikiaki at least 10 years away. This would not be unique as Elementary accommodates a water reservoir from which Nikiski Piro trucks drew water when there is a fire. He referred to testimony rt the Commission from the principal of the school, the representative from the school bus company, a fire trainer who all had no objection to the adjacent to the echool. He made comparisons with ocher Y `!_. _ __ ...:__....... efts Ines suggested from the standpoint of cost to the taxpayers, otattme ' I .._ estimate@ were 0.24 million to develop the lot and put in the necessary road. No reported speaking with local residents who have in she event of fire, been cooperative in offering assistance ASSEMBLYMEMBER MOORE MOVED THE ADOPTION OF RES. 86-23(86ST) AND TO r A))P.ND SECTION 3 TO PLACE A PERIOD AFTER "lapse" DELETE "end" CAPtTAI,tZP, "All". DELETE "related" REPLACING IT WiT{i "platting and I ourvoying" coots. THE AMENDMENT PASSED BY UNANIMOUS CONSENT. r RES. 86.22 WAS ADOPTED AS AMENDED BY A VOTE Of 10 YES TO 3 NOo Carey. a Skegotnd and McLane voting No. fc) Ron, 86• "Approvtn Walter@ and Olson. Inc. of Kenai Venture, L'e non and Blac� Inc. of Anchorage Joint a% the Agent and Broker for Ail Insurance %lusivs Matters for the Kenai Peninsula Borough" (Mayor) •Il ;t •10. I .. ;JI KRNAI PENINSULA RAROUON ASSRMBI.Y REGULAR MEETING OF APRIL 1, 1986 • ASSR1RLYMEMBER CRAWFORD MOVP.D THE. ADOPTION OF RES. R6-57 AS RECOMMENDED BY THE FINANCE COMMITTEE. ASSF.MBLYMEMBER CAREY MOVED TO DELETE SECTION 3 AVD RRNUIIBRR SF.CTIUN 4 AND AMEND IT BY SUBSTITUTING "immediatel" FOR "effect Aprit 15. 1986." THE AMENDMENT WAS APPROVED AND & RESOLUTION ADOPTED BY UNANIMOUS CONSENT. (d) on. 86.44 0bst) "Amendin the Allocation of Municipal -greatun s rovided In Resolution 85-142 by Trane- ferring $36.099.90 from Sport take Road to Cohos Loop Road" (Mayor) Mr. Sewall reported the Public Work@ Cmts. discussed the fiva (5) - 66-46(Sbst.. 86-47(Sbet), 86.46(8bst). 96.49(Sbet) and 86-54 13bet) - resolutions and oxpreseed appreciation for the work Mr. Conyaro hao put into insuring the state funds are being fully utilized. te> Rea. 86-bs_t)_ "Amending the Allocation of Grant Pundo Frov e n47(8solution 86-33 By Transferring 065.927.11 from Various Projects to Cohos Loop Read" (Mayor) M Res 86.48(Sbst) "Amending the Allocation of Municipal ran un a rovided in Resolution 65-159 by Transferring $153.000 from Cohos Loop Road to 6 oft Lake Road Account and the Contingency Account" (Mayor) (g) Rail, 86.iy "Amending the Allocation of Grant Funds rop"ovide[n Resolution 86.22 by Transferring 612.052.37 from Ciachanski Road to Knight Drive" (Mayor) ASSEMBLYMEMBER SEWALL MOVED THE ADOPTION OF RES. 66-46(SBST)RES. 86-47(888T). RES. 86.46(SBST). AND RES. 66-49 AND THE MOTION WAS APPROVED BY UNANIMOUS CONSENT. (h) Igo, B6. 0(8b t "Approving the Award of a Contract to ar •pp a ruck n` for Cohos Loop Paving in the Amount of 0689,355.00" (Mayor) ABSEMBLYMLHBER SEWALL MOVED THE ADOPTION OF EEB. 66-50088T) AND ASKED UNANIMOUS CONSENT AND THE MOTION WAS APPROVED BY UNANIMOUS CONOaNT. kt) na 66.4 "Authorizing and Approving Refunding of anera igation Indebteduese of t s Kenai Paninsuln Borough" (Mayor) Mayor Thompson withdrew the resolution, as the action had ntrend- been approved in a previous resolution. (j) Ras 86• "Approving the Use of $60.000 for Supplemontar" ru--daing to Expand the ADEC-Borough Joint Sponsored 1986 Annual Spring Hazardous Waste Cleanup to Include Homer and Ssward in Addition to Knu►i-Soldotna" (Mayor. Req. Waste Cman.) ASSEMBLYMEMBER CARRY MOVED ADOPTION Of RES. 66•51. Mr. Carey spoke for defeat of the resolution stating the idea of the Borough matching $30,000 to 010,000 in State funds didn't make any sense. Finance Chairman Crawford advised the Coma�ittae had a "do nmt page" rgoommendstion noting the State is talkingof cutting off revenue sharing funds - thug impacting whether mones would be th.-ro be to match it with. Mr. Brown @aid he attended the Solid Waste Comsission meetin8 when this was discussed and also the Hazardous Waste meeting the following evening. He eaid it was true the State was funding some of tho collection@ in this &rook re uesta for funding for Moser and 8ewar.1 was not made to the State and thus the State was not able to extond 11 - • . --- A—.- - -- . .i n � I REN61 PENINSULA BOROUGH ASSP.MBLY REGULAR MEETING OF APRIL 1. 1986 the program to the two cities this vear. He urged paoaaRn of the resolution advising hazardous wastes not collected in thane areas would and up in landfillo. Mr. McLane urged adoption stating the small-time user doeo tint have enough quentityy to Rgat anyone to handle the wastes for them no he felt this wag Paaaible for a one-time financing. Public Works Chairman Sewall advised the Committee had a unanimous recommendation of "do pass". He felt it important that Seward and Homer to participate. Mr. Crawford stated he felt the Borough was already paying for it without further matching funds. RES. 86-51 WAS DEFEATED ON A VOTE OF 7 YPS. 6 NOt Nash, Johnson, Crawford, Carey. McOshan and Pandel voting No. (m) Res. 86-36 (Shot) "Exprossin the Kenai Peninsula Borough seem y e oe on Against �llowanee of the Use of East End Road in Horror as a Staling Area for Airlift of fuel and Sup0lies to the Bradley Lake Hydroelectric Project Sits" (Mayor) Vice -President McOahan noted Res. 86-56 (Bbst) would be considered next in recognition of time requirements. ASSE)SLYMEMBER WALLI MOVED SUBSTITUTION Of RES- 86-56 (Bbst). i ctad stated she felt the resolution was not necessary and ,weu en o make the Alaska Power Authority (AM) and Department of Transportation personnel feel that they do not know what their duties and res onsibilitie� are. Per an APA bid contract it" - f•mir.�eon � o R e e bilities 'The contractor @hall be responsible 'Tor etT amag•e o persona or properties that occur as a result of his fault or negligenco." She said they'd also been in contact with Mr. Dean Rettick, DOT Director of Maintenance for the Southern Division. who stated this is the DOT's responsibilities - they control road limits and deteriorations and would be keeping a very close contact on heavy equipment over the road. At such the deterioration of the road, it would be closed to heavy traffic. She advised Best End Road is a federally aided second-class road. She stated Mr. Rettick is logo concerned about the ravel portion of the road than with the earlier part of the road - Mile 0 Mile 12 - which to paved. She reflected upon earlier comment on local hire tied into this, noting if the Bradley Lake contractor can use a eta in6 area on Rest End Road the helicopter travel time would be five minutes as opposed to 23 minuton per trip. Helicopter rates are 810.32 per minute. If there were nor this expenditure, more local people could be hired. She stared at this date, 330 Kenai Peninsula residents have signed to work on Bradley Lake. She recommended no action be taken on the resolution as the bid document specifies items to address the concerns. Mr. Brown said he had intended to "Her an ea@nAnwnt t" the resolution which would state, "The Alaska Power Authority would establish an account as part of Bradley Lake mitigation of an amount of money appropriate to insure the road maintenance on East End Road beyond the pavement be accomplished in a monitor so that local access ie maintained." He said this would give two pproe�• - 11 back up the contractual obligation on the part or the coniractore. and 2) set up a fund that the APA would have at ready hand in case some question did come up where the APA could step in immediately and take carp of a problem like that. Mrs. Bchode @aid while she didn't have nnv problem with ruche anamendment, en ndment,Mr. Rettick would in that he wan more concerned During the discussion, the midnight deadline for legislation panned. .................................................. -................. .12. ., . r ? . •. i - # 0 �VW ki a• of A� i x. ... F KENAI NINPRI)11FPE86 • (k) es 8642 "Granting an Fasement for Utility Purpp0989 over ens Peninsula Borough Property to Honer Electric Association, Inc." (Mayor) NOT ADDRESSED, (1) on S6. 4 "Granting an easement for Utility Purpnseo ver ena Peninsula Borough Property to the City of Soldotns With the Binkley �trsot Improvement Projoct" (Mayor) NOT ADDRESSED. (n) It S6. 8 "0 posing House Bill 314 Which Would x n e Lie of the Alaska Public Utilities Commission" (Walli) POSTPONED 3/16 NOT ADDRESSED. L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted$ not for action this meeting (a) Ord. 85-79 "Enacting a Nov Chapter 14.06 to the Borough Code Setting Minimal Standards for Road@ to Be Accepted Into the KPB load Maintenance System" (Glick) POSTPONED TO 4/15/06 (b) Ord. 66-19 "Classification of Certain Boraugh Patented Lands Under Long.Tom Losses for Bala and Establishing Provisions Therefore' (Mayor) (a) Ord. 86-21 "Rezone of Lots 19 and 20, stock 39. Original Townsits of Sward, Section 10, Townshio 1 South, Rents 1 West cityof Seward froze Single - Family Res dentist to Limited CoMeeial District" (d) Ord. 66.22 "Raaono of Late 1-S, Block 16,ouFederal Addition Section 3 and 10. Township I Sth, Rents 1 West, city of Seward to Multi -family Rosidential" (a) Ord. 86.23 "Prohibitions on Reserve Pits on Borough Lando" (Brown) (f) Rao. 65-161 "Approving the Tema of the Agreement Between Florence and Lawrence Lancashire and the Kenai Peninsula Borough for the Acquisition of Rtght•of-Way on Sport Lake Road" (Mayor) (g) Res. 86-27 "Authorising a Negotiated Land Sala of Borough Patented Lands Described as Lot 15 Section 30, Township S North, Range 11 West Sowarb Meridian Alaska Robert L. Schmidt" (Mayor) POSTPONED (h) Res. 86-53 "Granting a Utility Easement Across Borough Owned Land Located in Section 16 and $action 21. Town- shtp 6 South, Range 13 West. S.M., Alaska to the City of Nomer" (Mayor) M. PORMAL PRlSSEHTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON T11F. MEETING AGENDA (a) Niktskt Acesses C. A. Short Hikiski Fire Chief Willio, Alaska State Trooper Capt. awackhavier aapA Shore said there had been a straw poll to October of prox m R y 336 total voters, 401 votingfor the emergency Platt petition and 137 votin` atainst. Of the 021 registered voters to the Nikiski precincts, 4 6 voted in Nikiski 1 and 291 voted to Nikiski It for a total of 767. The petitions circulated had 1.011 total signatures for the various options with "bra, 6 and I coming • 13 - I 4-wa J ft.." I KFNAI PENINSULA BOROUGH ASSEMBLY REGULAR MP,RTTNf nF APRIL _l, 1986 out on top. Signers were given the option of aigning for one er two alternatives as a lot of people wanted to combine bath 6 and 7, Totalled, 613 at �note for Nbr. 6 and 337 signore for Nbr. 7. Nbr. 7 extends the North Road approximately two miloo to a sPionie trail laid out the U.S. Fish and Wildlife- Nbr. 6 would connect Holt/Lamplight with the Marathon Road in Kenai. In discuootono with people in Kenai they indicated they would like to extend the road on south and connect to the Spur Highwa at Mile 8.24 along the section line with a reduction to 35 mph Iflor a school area and avoiding transportation of hazardous materiels through the area. He aloe noted it there were 3.5 miles of road built, the Swanson River Road could be connected with the Beaver Creek Road which would do into the alternate 6 route. With a 1.25 at the end of Holt/Lamplight to connect the North Road. 31 miles could be eliminated and would also eliminate hauling of hazardous materials through Kenai and Soldotna. He also indicated, Bill Joy said for 910,008 he would cut a road through there to haul gravel to the new school, eliminating four miles of travel - a round-trip for a truck taking 12 minutes. Thio option would only require a proximaraly one-half to three-gaartor mile transport o! the hazardous wastes in the 7.100 daily traffic through the rise. He said with Option 7, the people living north of Halboutqq and the pipeline right-of-way would not have an access out of Kenai in the event of a forest tire, Mr. Brown thanked Mr. Short for his well or66anized resentation. Mr. $wall complimented Mr. Short. and asked it they hod talked to the Forestry service regarding the tine trails. Mr. sheet indicated this is where the idea had come from. (b) Anchor Pt, Fire Service Area, Juneau Req., Henrietta Ledger Vice -President McOahan advised Mrs. Ledger would be coming back when the appropriate ordinance comes up for public hearing. (c) Coral Allen, Soldotua Landfill Carol Allen cancelled her presentation. N. MAYOR'S REPORT Mayor Thompson noted the bid documents on the sweeping contracts and the clean-up schadulod for the Borough on tho upcoming Saturday. Pe advised the situation at Moose Pass/Crown Point had not improved much unfortunately. There are still 20 some families who couldn't get back in their homes. The final report on the chemicals was to be recoived momentarily. He @aid he'd called the Governor and it aoamed the problem wee going to be much longer lasting and costly than originally estimated. although he wasn't ablo to speak to the Governor. He said even the cleanup crave had to leave residenceo because it was too strong for them. He stated it was moralty responsible to put Civil Defense back into a full-time position for the duration of the Moose Pass oituar.l.on. He added he was plenood with the job Clancy Johnson 1s doing there and there had been many calls thanking the Mayor for Mr. Johnson's help. He noted A budget otatistics sheet to be used with the budget. He advised Lt. Governor McAlpine would be in the Borough tomorrow and any assembly membor9 wwae invited to visit with him. Water well drilling bids are in and the low bidder eoem to be Fronk Kraxberger - Central Peninsula High, gg18025 - Nikiski Hi h, $18,0231 Northland Drilling- Nikieki Elsa., 915:7301 and M-W Ori�ling - Nopp• School, 019.660. 'He noted there had been three bidders for the al•ctrical switch equipment at Soldotra Elementary School - awarded to Electrical Distributors. Inc. far 014,855 low bid. Mr. Sewall advised one of the problems on the Crown Point situation was that no one person was keeping track of where everybody was and he wondered if the Borough Office of Emor oncy Mana emsnt might see t this as a contingency trtago responsibility. The mayor narood this was an important priority. - 14 L L OV APRI1. 1. 1986 NENAI PP.NINSUi.A BOROUGH ASSEMBLY REGULAR _MP,P.TINO • Mr. Brown asked the Mayor if the preliminary budget document included the projected school funding both for bond debt retirement and operations coats so the five mills discussed reflected chic, which budget ns addressed to she the Mayor confirmed based on the school debt t. Assembly. Mr. Brown asked what the percentage was of total retirement that the State will pick up. Mayor Thomppson said thin wao in the document of the present $89 000.000 ieaue. reflected 801. 0� the other bond administration is putting in 691 rather than issues administration to expect 801E reimbursement (reduction from previous 90.1001 reimbursement). t - 0. OTHER BUSINESS (o) Vacation 20 ft, utility oeeemsnC, College Village Subd. H.B. (b) Vacation Section Lins Easements for Nikiski eito P. ASSEMBLY AND MAYOR'S COMMENTS Mr. McLane and Mr. Vandal complimented Mrs. Ma0shan on her fine performance as acting president at tonight's meeting. Mr. Skogetad said there was •School Bite 8stoetion Cosptetse meeting acheduled for April 101 the Lands/Resources Coatttes would be - meeting on April 19. 400 p.m. in the Civil Defense Roos. _ Mr. Carey asked the Mayor it it ware accurate that the Borough had today hired a temporary full -ties associate planner from outside. Mayor Thompson indicated a planner had been hired. y' Mr. Sewall also thanked Mrs. Meashan for doing a good job ind thanked members of the public who had turned out tonight. Mi. Swell asked - Atty. Baedeker re arding a potential probles outside of Seward with • in development. He said long-time right-ot-way that is now tied up a there are a number of people upset because this Qublic right -of way + was established apparently since the early 1920 a. No asked what - position the Borough can take in say action of prescriptive right, can the Borough enter as a friend of thesople or as a .o-plaintivo o. dwQv Lho OwLyugh 1.eke a "146116d.-Wrl" yu,.LLLu,.. Thu Mayor advised in this particular came it is still before the Planning = _ - Commission. The trail will not be closed off but the subdivision ✓ _ will show it goinss up to a cul-de-sac and then the trail will be from The required, before LLeal approval to continue on there. involved in attorney said the Borough would only be prescriptive right for public use of the right-of-way. ' Mrs. Walli thanked Jean Schroeder for attending all of the labor polio meetings and providing enlightening input. She thanked the Ledger inrthetpacket.r garding request. provided by Hinriette a grant Mr. Brown advised he had in his hands the Crown Point Chemical Release Alaska Railroad Couwieston interim Report dated March 24, ' 1986. The first sentence read. "On March 2, 1986 a tank car owned - by the General Electric Railcar Service Corp. and teased to Also n Oilfield Specialties, too. containing what is believed to be a urea formaldehyde mixture began leakin gases after it was perked on a He March railroad sidingin Crown Point. A�asks...." said that on 24th it is still not determined what in fact are the contents of the tanker. And the first sentence is substantially incorrect in that {eaka in Anchorage all we know the a of material began and continued the way to Crown �otnt. He suggested strop`ly to his fellow assembly members that they reread his report and asriousiy consider the letters euggeations made in that report• in regard to presented to his behavior, ho the Aseembly from Crown Point residents regarding :- - suggested thers is another aide to the story. �.:. Mr. Nash reoussted administration to consider in matters such as Roe. 86.99, transfer of monies, there would be more breakout of whop. accounts are. In regard to Roe. 86-50. he asked administration to • 7jT .i L F Wig PENINSuLA RAROUON AssmLY REGULAR MEETING OF APRIl. 1. 1986 provide information about where they advertised and who the other bidders were. Mr. Nash asked if the Personnel Director might be able to ggive a brief report on why another person was hired from outside. althou h he wasn't indicating there was anything appropriate about it. Vayor Thompson said the position was for a Coastal management planner position - Stan Stedman of Seattle was hired on a temporary - six month position. No said the position had been advertised for six months in Alaska with 17 applicants. Only one had had land moo experience and he had turned the job down. Mrs. McOahan roquosted a memo on how many people were hired within the last year and whore they were from. Mr. Nash also added Mrs. McOahan had done sn excellent yob. Mr. Sewall also stated he hoped the pod remodel would be advertised in Seward. Mayor Thompson advised the advertisements had been placed in the Soldotne. Romer and Anchorage papers for the Cohoe Loop Sid. Mrs. McOahan commented on the pod reconstruction in Seward. she felt it was a good example of what she hoped wouldn't be done in the future - building rooms for special programs which later so out of vogue. She said in her opinion the school district had not really changed anything in its budget and she felt perhaps the school district should be hold to last year's budget amount. There have been no now schools to go on line this year. She felt if held to last year's figure, the school district could manage. She advised there would be a Policies and Procedures Cmittee mating on April 6th at 700 p.m., confirmin there would be teleconference connections for hersalf, Mr. Sewall and Mr. Johnson. Q. PUBLIC NED COMMENIN TS AND PUBLIC EMBLY'SP ESSENAATIONS UPON PATTERS NOT CONTAIe t Na a further stressed the safety factor referred to in Mr. nor s p ssttation. She said what happened in Crown Point should make people think about an exit for the North area. ne d noted concerns of Forest Ranger Dave Barber in regard o �e sown voint situation. He also commented on fire control on the North Road noting the biRRRset probles on the peninsula to the moose range habitat - increseed fuel reduction breaks as promised. R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (April 13. 1986) ASSRMBLYMEMBER CAREY MOVED ADJOURNMENT. VICE-PRESIDENT ASKED UNANIMOUS CONSENT AND THERE WAS NO OBJECTION. The meeting was adjourned at approximately 1o00 a.m. Date approved April 1S, IUAo y ass y roe en ATTESTo //eorougn c1erK - 16 - m C 1 O • 6MCWTENS INO. PAMBIOA 00 NAM G. SURVEYORS S PLANNEAS 03?. 00/6- &"Op 9 7 April 24, 1986 'Mr. Keith Kornelis City of Kenai Department of Public Works 210 Pidalgo Kenai, Alaska 99611 References City of Kenai, M.A.P. Project Construction Inspection Our Invoice Num P86 Our Job Number 65-4022 Charges through 4 Bununary of time attached. i Total Contract Amount $ 183,350.00 ✓ Billed to Date (Including Above) 66.8V .54 Balance remaining on Contract $ 116,544.46 1 ion WON" o ut$" w 5 •�tlBb 41q MM. wltrt+Ml -N►IIMI1 MIMtf �Iq Ga11 fl� SY�ntlIW b.i� CouneM OK �]N� �►fw +�- (.M-r-- P.C. BOX 489 60LOOTNA. AK 9e669 807-283-4e18 s in rr--------------------------------- 6AN8-b-A889frIATL'&; I �--- •BILGINBr•BOHeDULA - ---- — may!°23¢flh-- --wr-r--w.w-wwr.w..n------r---rrr--- KEITN KORNBLIS. N.A.P. CONST. We / INSPECT A �Hl�-NUMHP.R-85-40Z — ---rrw-r w--wwrrl -r------ 1 -r--r--r 1------- - !-------- 1 -------- 1 ------- all ---r---r ; 11/21/85 1.5 1 1 1 1 1 11/l2.1�2�1./�8II5 14A551 1 1 1 1 ! 1 1 11/26/85 l.S 1 11/27/85 2.0 i 1 1 1 ! 1 1 1 12/03/65 1 1.5 1 i i 1 1 1 / ' 12/11/85 1 1.0 1 01/28/86 ! 3.0 ! 2 1 1 1 1 2 01/219/86 1 1.0 1 ! 1 1 1 1 1 03/04/86 1 1.0 1 ! i 1 1 1 1 • :' RATE 55.00, 6S .00 ' 21.00 i'o -------------»---------------------------------------------------------- rrrrrrr srrrrrr.�rrrrrrryfirrrrrwrrrrrrwrrrorrrrerr�r�usrrrrrrerrrr�ro V w w "•'� ' INVOICE t'• MaLANE & ASSOCIATES, Inc. fROle/f11f0 \AND fYRVfVOfe RO. NOM Age O 'NONE ses-sele 001.00rNA. ALARINA Mee PI EAN INC.UOe INVOICe April 24, 1996 NUMfef ON CNfCII • N° 4239 El' City'of Kenai Mr. Keith Kornelie Department of Public Works 210 Pidalgo Kenai, Alaska 99611 JOB NO. 85-4022 MUl11AV IRROM INV010! ft" Any AW'M It We'd "If 10 Aeyf will be fub1601 W en W111461 OW90 Of 1.8% per month. M.A.P. Project Construction inspection through 4/19/86. Fee $ 1,278.00 Tax (K) Qovornment Due $ 1,278.00 0 }i I A s t, tt tl ,. rr ll y J 11 r! FFrI 1 I .I , pawl r ISIS LErjISLATIVE BullEriH fOlt 0 ZMt "W$ =1 r— 10 MLWMAL wow, IM for 0".AMM "ON • 14-32 April it. l ;� At their Booting in jsssee lase Meek the bard Mimed rsoossaedationo of the ML LeOdIPPA"'NObeas Met" as laeaNaa and Flumes ad aldressmd the operating budget, debt wormeneo ineuramoso and [Neal tax rofen Welaties. !bs Alaeba Calfarenos of kayors also set in jumseu on ftrstsy. April ?Ath, ad Bat jointly with the Moar/l, sgcrwimt sn issues of mutual concernt zhe bud Omura and asters visited with most most latislaters at rspres"tatives of the adsiniatrsties to outline thair paattieso. Us Wslsttvs ft"M rsitto hs! set "vital in tba weak an suesday and Ved"aday to dral es s and prepi sharing aM federaligh bel tst"wts b for baud settee am the Governors debt ssastwnt PUMP, gene bare is a sumnry of the settees takes last week. !� s00 • Operattet beget, bard positi=l W realism that cuts are necsasMP but 1461 that theca arena �waYid aaeer. w.. ranjan ortiomste to other areas of the budpto s.G. no trestar than the Ways" alerai out is the operatips budget. ■ M i a +Oro • joint iawrance Arrantesentehootlnt. bard positions smart authority for public entity poling for An !tams of insurance. da 529 • p*114 school Ccestruation. tare peettione Moues Finance Cs Wmaed out UNISdeyl to aaemptable but intent to allow interest retention by Micipslittes an gl bonds should be closro Position an hh $20 adopted by the OL tart upon recommendation of the LgUlstivs subaomrtittnao to a cep as off $tat$ obliptimna for school bond debt to esesessyyo Ili Billion ant $3 million epeo coupled with a retuatiem of the isimhusesmmat rate to M of debt servity appear to be call municipalities can fvootioo cedar is the nosy hturai however, on also reaotnlos the food to re•aaamine this asp after it hoe bean in sparstiss to datsrmine whether it hate or will have• an edwrea ispset se the ability of ssmimtpslitiem eft do stake to mmst her se►twl teal of Mistsinint a high stenderd of 44144tion for Alls" ehildre"I ad to evelate the rampages of the bond msrbst to the cep. Vs hays serem0 reservattale oner propoaels that would dtctatso either in practics or in law, the term of o fte. bands or thalr rmpayment struature or would involve ecmplicstedo time-aeaawlflt, or ospesatvs p01e4t L'iYlaY prsmmdara. Ms suppmet latielaties that would oa+einw to provide antetpsitties with en tecentiw to "up bond 1, - - -A a Basieiee the paths benefit and sppoet a etstutory provision that would mile* *0141peltti" to earn interest sit A( "meal bow preasads without panelials# than thread dad""am free date rsieb""ememt satitisom for sea imtarest earmad. 4 L �j IN - . I Legislative Wttetin 014-32 •2- April ll, 1980 , f 0 293 - Muaialpd fiaeesisl laergsn•y Comsiaaial- Board poeiticas Opposed antinly- fass Mg ieiaa a193 adopted by the Board upon recommendation of the Leg1s1&five gubeoswietses Whit• loess other states hove legislation on their books ateilar to that proposed in H8293, it was gonerally adopted �jduring the D•pnsslon, or in response to a majelpat dotault. When there to no Alaskan municipal bond in 1 it defemit she than is sot even a likelihood of a muniotpol bond default in Alaska in the future, adoption of a MtsipM sash" that found in w afh is likely to and the wrong fullag• to the bond market and be 1 Coatarproduotiveo gush legislation is unneeded. 1 NO SILO - ieaw financial. Bard positions Raterenasa to rile state hoed committee authority ova school deer y I should be srmovd. ' I position on he $iO adopted by eke Boxed upon neommandation of the Alf. NBi•tativa Subcommlttssl Nomletpolitiae teeoviss then my to a need for the state to pot better control on state ltaa-purChasss- Wie betiwo pieties a cap on school debt nimbursoRnes gild getting better control of am lease -purchase activities address only a part of tbs problem gad that restrictions on state debt (s.g.r moral obligation beads) gad other activities that &#foot the state'• credit rating should oleo be exa&isod and lieitstions j considered. Also, inuoucb as Ciis910016) tmvss the propos•A function of the bond committee relating to school doe, the cornaponding functions of the bonding committee relating to school debt mould be removed from iD SIIO. l I 0 51i - Limitation an Nunloipel Dabt. hoard positions Oppose entirely. I fosition on on $21 adopted by the !bard upon recommendation of the Legislative "Comittees 0 S21 hey 1+ pia" limitations an muniotpslities at a time when the bond Mime aeognisss a need for municipalities to msintais @now flexibility in their ability to reurucrua their debt. The bill in its current form dos � not take into Mount tbs diversity of municipalities in Alaska and would have an anoven impact on imx�ioip•tletoot surdwr, &.aiCipalitled Sava i.vL hi 4 6utf:cUat ti»a to thor»96,uty "vim the obtentiat ispaot• of ehtr bill an coals operations and future Aisne. to addition, the bill is tschnlaatiy flawed and "Me a thorough review by bond Counsel. Holelpelitles should be given an opporeuniey to look at the Concept with an sys to addressing the problem. i I Ng 532 . Tort Before. Board positions Award of dmmsgem should be restricted to degas of faults support other tort reform measures which will provide relief for Municipal insurance crisis. i gg US S f•nioy Chian UN Eaampeion. Board positions Either fully fund the relnburtemsnt of tepsel tbs esnsmptfoe antinly. position on SB US adopted by the Board upon recasmandation of the Legislative Suboommittoe, as ammndeds It Al- tot imlature does not fully fond eh• reimburgsunt for the state undated sax sxsgtiose for senior t; aititena, disabled "tsran•, and widow and vidovsrs, it should r6p•d the exemption effective January , 1907, the M81811eure should also authority nunioipalitias to adopt of & lode' option "allow sxamption• i upon local voter approval, I 1N m1m ACTIOL, 0smaal Bsvgnw Showings them was goal news and bad new on funding and nautholleattem of tedoral general rev new sharing last week, The bad news vas that the U.l, Senate Voted to tab's (53 to Al) eke sweedoese o#fated by gsnaters Nsyniban, lasso and Uageen during debate an the g•nata Budges Ite10100" q t•srpsss ub . i sundial grow the proposed $1.8 billion to $606 btlllon, the amount previously authorized. *a boring that j ebe mpdeent was to be o#fa d iNdnssday, the AHL and several mwitc1tis11tiss Contgcted by Alb at"' sent tglW mew to Motors leaven• and Nurkowaki, asking them to support the smendment. Again as bee new to that the seta was tabled, and /snstor Stevens supported the tabling motion. I r L V n R Is -- . t;Io&SMill" Nrttatis 01401= ' N " April let 1906 Rtlo Sled AM was that SemaM WART Snemt. who liks Senator Steven was atrssided os usatiwrtaatisn sf M all of toot Hoene roof for mseialpelitie against the motion to tablet parhads based as On talot10l he "Nil". 1 mad to these memistpllition Sew vent t*lotramse the other per r4m toot wok Wac 04t the an" onsawt opratiotls Caltmitt" voter a 1'wsdsye ig to 10e in favor of N.N. no and to rswtilmiw 0o at $4.0 billl@* for three ysSrs. 04 !a ask NMe Nt it !rill e a hard flot osyeetally it IN are net hoard in Naskiettss. !hs amcainet to eM Maas nits N ►wlw�lt r! again. has if tMe itrlrlaR is imernafor to the tslwla gmdpt gsSnlvttSme 03 will still heed t0 be "WA&MClaed far IT 67 DSO COOL"ss Will haw to 'is' the robe IMrfr *A oraml*Ns/ras tall a feed tN yratrafl at oho N-r button dollar toot$ flea"k=PAR costa 040L 1moll to rt_0t!_ tAe�risa►�}_h�t eM rr.d billion 19nj goes iaformatton to attaakN to hell 10% iWo go espeaO YstW letters, k%t Year of oxterianaes as to how you ham or do ws dISM fwwa is year asaswlitles is as meet offattro. Rwarat Imrp%$ IMa tin hao *an mr pose Aril 131 who Contuse was to has "witted Ostia eN the fiscal m ovdget rasotutiam. the "s" Noter" Mt Ifs under the 128.8 billion is aroma-the-baard ants salad lad Uldar Ora n b4dus Law has been at in motion as budget !tome such SO milk Sepmrts ass 04" to items Set "off -omits" to the 0-2 sets and as the whole 0-1 Law Seto to the Vole 90"0 Coat- the pm1dates pet mr IT V berpt was "faaldintly delestad by the least* last scathe ad Sea Meate to am dabatlag thane so badgat ra wlvtioe (see eatatod story above). bile Senate RIWpg Nasolulisn salts for a data" budget of abwt N billion ever R Ir levels, early Ito bull" to ew tw sews !ts"S am amen ' ase)t fed we"d at buttes in domestia ante. While the haste lidget NsfetvtiSn sally for O"Itleses dMMtio auto. Sway in Uuhimttln that repwalent munlot"Itties belleve fh1mr daily Will only *PUY tmte do besdam of thwte Uw would "lift ralatrlt additlaess rswnws and ins"acing datanN spWist Ot the wwwoms wi esisft,iw.t;t eutf to dameftie pma me. the Nowo to Waiting on the fact*. Vlthsut r1etles.0 tee aasm-ovum Mt clime a4lat. - - - -- AWN t'-ft I t71et41 f#Oke In N IM« ii fueMlN NeMleee �re�Nwwl etawrtpstltra�wnl" a�.Att a-mmee Acid rN iwp� NNr«ie►7« s"r "If N a04m eetYe m "wo ut ew aewt to sWe► ti tlwd tttt NMMr rbf foe son, tMr"NINttMllwalN tylge«eeeeeeuYulrf+Mnet►sI[r IttleteeeNr rMf CMwm eae/tnn row a N"r tw WIp /gwww" /M1e1rI00 " i c CwW'dM«Ife t1/0110, 10111110160 OKA coo" eewl m chef eA Mild "o teteeut mw ha Iftwo *MOM lira as to& dwoorwwM b0l;to NOW "0 gee t1ewe�,t �ft�Ar M� NCrOreM OwM et AeMYI«rIM Fla f�tMt1 /atMt Weett �lNaelt�M t! 4 A9 me rleYtA M� t4«w e1 dl! rye f11MtM 'no q 00� w yMMI tNl »AON� 640 "N 000 WA "II "Isere IrerleM w'N ows Ica feewm von wd eA GAO t two qN em"Not Mdr Irn owl feud etaO��Mi�►_ r1MMrfMrItMbrMf"Seams 1 off" idd41adO "40WWOW. wwmCOMM low, awO nwM eleyeuee alrt ee►!rM !Ile euewler rail Coafte /eMV"r 1 team# I r*vv* is Ito wt N Moth 1 ApdI April ApA 11 NM N lwu 1t doe N AtNIN 11 AUVA N AtW" 11 1lNMMr 1 Off" I Abler oft" It 0 11W 1t oftwere /I 'fIN fellerrle/ YiN 1h! gfieYe MItAM OMetla`Otile►. diw" duel! W Ca�tedeeel owl/et ot'i".0i.wu«. n�. MNe IM N e W41" frt"MAIM eteelew h 000m MeeeM 1— I seen" evilest A(>1NetMe less, "Wj* alww esM N mleyr, Cheep tool Qm0 h I" fin MII(ene e/ drile�Ai m fw..re lb tr CotGOYM ee rA Ce14901 %flee NOMP aeaeehN A4.eee.e �e t1Mie.el0e10Me Ot? -la! -M *IA am 1 M ON AIIewo 41.1 -i.f Wee .16 "� bee, teeter -91 of -as -o.t NifwA no"" -tA 11 1i -t i M AO -Yoe -13 - Ctwetrteuiefwwy :1.1 -1.1 -ee -1•9 rre.Iterl eM 1.1 -1.1 014 ..1* COeteleer.Fe -IA -a.e -1.1 -Y•� t1.IetM« w Iwwf " -t 1 . s .M -11 IeelNdMwreMe -66 •1's -,� -l1 Mew Ie1rN :at -es -al +Ili �iN +A� -a• 31 1eMli 1 a.r"..w IAId ♦ee -lee .,�� -1• -1. :elf loftweteM -11 -1.I -1.e • I.1 A«we.tte -1e -0e See -ter 011tderMAlle'an -1e -at -4e oft told Its -Set w.Nefew -NI »1*1 0"m ere Tod w m iht too +tip 001 Tear AeMn -111 -11t . -Iry -q e �terdeelMwltw� /MNe ow" Coemmeo F r � , Legislative Oulletia •14*32 • 4 • April 280 14K 3n Mtersp WNw rstoMmOctoa of the ANL Legislative M441011tt" ea TAnatioN 04 ytnentso the bard of Direattee adopted a neeldtiea @a the (•feral tan "font Prostate aew being considered in Washington by Caagrtis. Zke roeeip►tisao printed in this "stllstin", "records its (the L;ssgus'e) opposition to pending federal tan loglelatt" se it oftato eenitipal bonds". At-- ...2wek" do Aill Niullattn". Is intoewatioe an tan reform provided by the National Less" of Cities. seed xwr lattors as 0n am tan "font top Noponble 2bd stevess Honorable hank N. lAprkomki Visited states Mato united staa Nate $22 Nort Building 700 Hart Outlding Wshingteao D.C. 20310 Wahingt000 D.C. 20510 (202) 22403004 (202) 224.1N3 "Orable Donald Be Young House of Oapneentatives 2331 bybutn Hours office wilding Washington, D.C. 20513 . (202) 225.3763 state Audit Guide gents Last wasko the state Office of Nanagswat and NOIROP (pM) enjIU4 out its neatly emitted Avd-11 O NIO&Joan ORM!A `3geelsesnt for awL-1 Antle Audits. the i i/2 lath document to "iataded to prevL" soot of the inforeatiop you ntad for single Audit". to you have any questions, eoisients Of ragsssteo gloss@ writs top stet• single Audit coordinsting Agency Cities of mom• cent and Budget Division of Audit and Nansgamsnt services p.0. sox AM JOW", AK N111 (007) 465-ASH Mg Associate Director David hgsbovpr aid the guide vas intended to assist grantess and their Au/ltora in compiyipy with the ngdirse@nto of the single audit regulation@ put in effect last sussar. Ne said th4so caw nothing to do with the grant regulations pnVoaad last November %etch the Leagw opposed. thew regulations have boron "put on the back burner" for nor. 11 S i F i GEM FEMM SWIM k1 ,rt Cam stogy p osa�ls C c , d • SZKAn - RA tbxough Hem (R, Fay.) October 1991. a CO )rift) D•AMM¢�+ s.i964 Moynihan (Do N.Y.) 8xtends ORS tbmgh October iy88. $ass • =70 (R, N.Y) PXMWI GRS tluaugh • • , Wstlker (R; Pa.) • October 1988. 'IAR list Rose(D, N.C.) Extends GRS through . October 19"0 , RR 1400 Weiss (Do N.Y.) Extends GRS duaugb October 1990. HR 3267 ' • Conyers, (D, B •Extends GRS through . OcMtober 1993. W3466 Gaydas (D, PL) Extends GRS dMugh . Wober 1993 llr3u!'�stosy ' Od pproposei In 1960*3he ptog�n was Rr3tUacted into 1xv In rl 7vith the signing of the: State and Local FUCII AniStanCe Act. ■ A product otbi� efforts, the: program been ce:authorlttd three tines slRuie 1gt; �. ' Lim owl of I I a. R• n eoil I Lw. L� c -- � + O • QwWA an X�e�u�� bd sow ' +�"r�w�w Mw ...k M NMI.. .; w to m'+.c. .l �aAiMNMw�YrMw�a � �� �f��11II���� ry ANWR% is" bwMU MIIMf w1yMi�MIY�MiiMYY11Y1M/ • IwiMpnldwUtiRnwlt• 11A�MMr�IrM*/M��My� • BAwMI�M�MrwIOM�� • OOM,w►Ir ------ 111�wMh►wM�l f��MNMr lows Gowd Rlwew r.r/r rt MN MIMw �► �r RI► Mawlll wrMn► wNM Na• . �wlaa +MM Awm wow MMly M �MII MrImrMMalt to aal r1+1MNd� M1gl MiMI . iwl�rllwww- IFI�MIIIM11�1� ' Asllwa Na MrM Go" now"" RMtiMYtllRillwfi�wil 11�riI,Rl��wnhe,alwrMsaer MIK M � IIMw*� 1�M � Mwlw MMMIA al do** Mw w M 1�� MINa� Mr► Ar d wMr VA 1 MM A" a" 09W 1 he No M" mamo If INVIM MMM/�RIINMRUIIR�1�111MIIM MM�MIAMMMI�IMM�w1i I�MI aMl Id�Mw PRW d at. MIMwIV MRfil �M Mff" IMa M ARUM AN *m W*w a wMsdMM /RIIOAPUM. �1 11�� 4MnN1 Im" ft"%, �� ww/Iwil die MI dot QylMlwt M►M A MM MMM Mdd bMlrMwla>tMalNwklrtaY�r ar+�wMf�Y1! Mlnnl+Ie�,eM • MIIMIM1tlafIM QI�____� Wwll tlwM�MIwwMMNI AIw�MI ' r��rMM�III�IAwI MCI' dv# a "MdpA • i�~r��i� d�wlISMAN&EL .ei�•wIM>w�► Mwwl-w No _Ir1140"Dw0M wINMM�Gwmdl1 t�MIII M MM 1�N �tlr M Y�iIA AMM 1 tfi� M4 G"d • MMMw Mr Mna kam Ii AN MaIrMIiM I�Q1MN11MrIYUU Wf. RMIQMwwwwiMwl�Iw N MN Mnd dddI M ww1 yMs. iM MIIlr y1M �11i �I�RMMII AMY to mw • IMMA �� �� wM�yrUrwUw�w• w drirlwlw�rM~j► U Mew d doiwh M0 M food ywdldiNlM�MdM�www '1 ww 1 MMwr» rwRrwlw► we of . Q�wdRlw�w �rMlww�w .w.l w MMI 7 Sul "W . �/ Rs M isId Rxii�Wy MtWIIi�1M�1�IIMI1�� i irRl war1anInwh t�Y� MIItlNYrMaARy1M11 11MM IIwrAIwIrM�111N mddwM�11rMR11WiMy Mllllq to --�Y om*A 6 YM IarA wIR wMaUNalip:r+ M ����/,, MIMW MNYM Rwow MIMI�NrWI AwraNl��M b AM 04;FO tiWw . IIArMwMwiMYAIfrMMr1. MIN1.iwIiaNM•� �Mrr11w1 A>��M�d�9M1Yw�iMww MMlwl Mli �MIINIIr �M MM lIrIMNMaIIIitM/Ir4�M.M1� Mww: MAi AM NM NM - I - :I AWM� do" III IM �1M lMM y h "ONNo— wM�, . .� initowMI�r INa�11rM>« w d �► rww MI ""9 1 IIM w.i !� MIMNIwwrNMYMtllr ��Nln �► Aw MM M INh *& M r�wllll�i R+Iww111�Mtr_KMI�i�q,llMilr�rilal a1r Gila Mi pw - M of p/MMw�lw ia�wFiwliilwrw� MIrI1M M 11�wN� IIII III I N Ili'+ NIMIIMI\ IItwIMIpMNMwiIfrINNN�IMN *#;we Dian awwal,Rflw mow/ PhU* MIMM ON aM alb• �Mr� 1r1MM�MyIl�wllli M immm" O i a i NATIONAL ASSOCL�'I�ON CO MOlIh�MJf.11111'. N� �OCT0001 WERRL REVENUE SNARING • FACTSN99T P P General Revenue Sharing was enactsd in 1972 to share revenues collected from the brad federal tax base with localities that have Wore restricted revenue- the capabilities. Since 19729 GRS has been reauthorized three expire . I! was teat in December 1983 fall three years. It is due to expire Septqmbe Flg1DtN ' The. 1986 GRS appropriation provides $4.144 billion for the nation's 399000 coal b1111l purpose this total The nation's 3.106 counties share about $1.611 Although ORS -funds have been cut by $402 mi14100 in 1980- the Gramm-Rudman gslaac„d 9udget Act threatens to force even deeper cuts this year. $oma reports predict that total funds for the last'quarter will be cut entirely. DATB General Revenue Sharing is the only federal allocation that provides local governments the spending flexibility to respond to a variety of that fun dads. This feature of GAS is very important because a large in county budgets is spent an arvices counties are required to provide in response owhat607Soi�owr4hmetlaent NACo survey zOf7untesapidl 0x results from budgets an mandated services• Many, of then services were created in response to national objectives defitssd by the federal government' -such as a elesner enviro mant. improve Y'do health cares services for the needy and handicapped* and better Sails. costs for these services for many years have been suuppported by fedoral• state and local funds. it seems only fair that the federal government t to continues to help pay for the services that it requires loco go MP R ANT Q,1M Below are soma important points to keep in mind during our efforts to get GRS reauthorized: L L I , I} l ' 4 t' u }4 { I� I O`i o Saause a iarge portion of GRS funds is spent on essential Services annd meeting mandated outlays. a Congressional vote to cut M is a vote for a local tax increase. Tax lncreaas of 109 15 or 20 cents ep SjW vvalwtion would be required in entry counties if M is o in any c0w+nitlesr essential servlcas have been cut to the bone { and state or local limits on tax increases or decilnin tax bases maMe raising additional local revenues almost ouds�irbreethaMil it this discretionary prWaanr many coataunitles in a serious fiscal crisis. o cuts gowrnwn81 have aaid to Sttaatetildi local vitro of ns hhaas cuts. Since 19d1r been cut by aimost 40%. � o VS was enacted in 1972 when the notion had a deficit. not a surplus. it was not designed to share r but to return to local control a share of a daindli tax base -• at the increasing demands of frdarair stator and judicial policies left for local lmpiewntation. o Qaneral Revenue Staring was begun in a year of federal deficits. it has been rwatadl reauthorized and funded in years of federal deficits. The philosophy behind it is a recognition of thi vartner• IN ship role of county government in the national iit-FgOvaF- localG T ces, t systsar.•a moans of furtherinq national objec a i„;�thad of providing naoded flexibility n the finances of local gave -I at. 1 • 1 i • "I .. I! c 4 G � J t[ a - . I, 1+ „ i. �t 9 I A RRROLUTION o/ THE A&AIKA MUNICIPAL LEAGUE BOARD O1 DIRKET Pl ALUTING To TAX RMI'ORM. NNNRW, the unispeded power to borrow on a tax exMpt basis is essential to the ability of kcal gov*rnments to provide vital public earvicess and WIM", the various federal so-called tax reform suiggestion$ would severely curtail the power of Alaska municipalities to borrow stoney for essential governmental functions and economic development purpOsesi q! IT gsoLvED, that the Alaska Municipal League records its opposition to pending federal tax legislation as it stfscts municipal bonds and specifically ragaOstet ME IT pUNWR Il180&1 D, that s 1. The rules on arbitrage (permitted investment earnings) should be siriplifled and the penalties for violation should not be taxability of interest on municipal bonds. x, The Alternative Minimum Tax and the non -deductibility of interest provisions of the Bill sl►ou1G bo eliminated and not be made applicable to municipal bonds. I. Ike volume caps for Alaska should be inoxassed to permit a reasonable amount of bonds for housing as well as economic development purposes. 46 To avoid a "tax-on-o-tax" and to avoid limiting the ability to raise rev#nues locally, the deductibility of state and local taxes should be preserved. ADOpM the 34th day of April-1996 in Juneau, Alaska, by the Alaska Municipal League bard of 01100toxs. Attests V R1, R urgers* out ve D rector Alaska Municipal NUS w Dan Keo • Froslasnt Alaska Nunicipai League I r� , hWPANW town YWI�1fn�1�0. �rwrM }4 M IOOOf mw sm""* uw J ft con temeh1ra000 � C 040mpw M top.Ow^*. Wow jt � �•' �1.�Lo.h.UlfY�i y E«MMM.IwM� �1MM mtrair! OR exams i Lf n � t J t} lino• the #$a.81 g of the v.M. Constitution• AmeflOa's cities have been virtually !roe to raise tM necessary rave we cad capital to prorids tar the needs of their oitlsoas* jbi%e states have placed sons rostriotiope as how their oomssaities ralee thew !under tba tsdsrsl govorament has for the most part not Intruded op their fight. On the contrary, the federal govefnssmt corned a paftoareblp with the cities and sbafed with then# throupb various 990990ma designed to aohieva public policy objectivese the revenue it faooived--dearly So paraeat of Mbiah is derives Igo* city residents. Ovor the past din Yeam bwevefo there bile been a aromatic change in that rolatieaabip. Mot only have the essential components of do historic state-, teNrai+laoal pastnefsbip vilitufil; disappeared# but nowe tbrou►gb its ease retori propefLGO the federal government, prapoees to undercut the capacity one motherity Of their etheir woormyy ad ability to Issue notes and bonds to false no"" GIPitse ,a the first Uff in our n&tjqGog bigtogy# if tax eonsldeted o enactede do federal governo ment would impose a ldirranow being eing smisipai seeusitiess tooesse provisions in the tax reform bill passed by the Me Mouse of Meprosentstives and the proposals put forth by Senator Bob Packwood WOE*-,) rsdetine gavefnsNnt-pufposa bones• any traditional public -purpose bonds• no matter bw traditional or public purpose• would be tomobig. Undef the proposed nafrol definition• glwernsent-purpM his# be they genersi 06ugation• ` rwoano. or tY .asaaasaept bondps Mould Sass their tax -snort status If any entity Other than the issuing gavornrnt (i.e., Individuals 104 corporations) biftfited tree tbs use of the financed facility or program by 10 percent.. This ap1les to lath the hbuw-pssssd bill and the Packwood pro also Another toot in the swsapsRod bill to that a pseticulsr bond ilea would not Of eligible tor.tas eseptlon It the nongovefne►ental entity foeeived Ss million or five,.,. pstoM+t of We bond proceeds as a Ian• low yobbo bonds that eoyld not wet the now tests for ease mepbion fright still be sold an tau'exelf t isswe under • nsvly crNted IIOnbOrefnwltal-guf/Oae by the iimpositiion o�viat the velum dap Bush issues avoid be lnstitut:4 United y b th %M - sax Wage seckoccund (NW) .2- nose and bill and the Packwood proposals. The Cap in the Yousa-passed bill, tog Oxeglple. would be the greater of $200 miltian or $175 per Capita. The Pas capita rat• would drop to $115 after 1117- 11 these new restrictions had been in place in 1984. more than half of the atat•s Mould ha" gone Meal over theis ape. Unger the Packwood pgcpgsls• the faggots would be 0700 stilton os $150 per capita* to this Praposal• the per capita gets Mould drop to $100 for erne bards in 1117 and Others is Ull- xvag tax-exempt bands getting all the new Oriteria tog tax •xeNtion would not be tees of taxation under the Packwood =eure0 It asiis gar the interest grow sue tax-exempt municipal bond to be subject to a minimm tax- Nben initially presented. this provision sought to have the minimum tax apply setgonotivoly. ■anNor# the Renate tinenas Committee voted unanimously to eliminate the retroactivity festuge. The unve/lint of this provision did* bonier, bring the municipal l bond market to & virtual belt--s market that aeen already had b operas ng at a dresticaily reduced level due to the loot that the house -passed bill* with its new restrictions• ban &A effective date of January 1, "so' As a ge ulte the volume of bonds to finance the construction of public schools• bighwaysp psisons• and wat•s and "was facilities is down •l percent compared tO the volume of a yeas ago. The volume of Senegal obligation bonds backed by the toll faith and credit of local governments is 40" 15 p•raent@ she door has �statueisof shut wigpment bondshousing ss•cured 100 percentions have been raised by pgoper y tame about in addition, both the Mouse -passed bill and the Packwood proposals would penalise cities and towns using sound money ssnagestnt Practiceso the monty cities earn through arbitrage (by placing unused postiana of bond issues in securities earning bights rags of interest than the eats at which the bond logos was sold) would have to be turned over to the u.s. Treasury or ells bonds would become 9e4roactiv1y unable to the hOldegt and the Praotics Of reginanaing to agaieve intes•st-cost "vials would be savagely limited. And adding M cities' financial burden wonild be a provision In the hou"»Passed bill %blob requigee cities to tits annual r•poats with each and every taxpayss within its jurisdiction and with the 3nteanal Nevenu• degvioeo xhe senate bill has a sigitag provision affecting over 100 oitiss- Although the Mouse -passed legislation retained tali deductibility of state and local twtq. the tU064 of its elimination is found in the Packwood meesun* it would elisinaa entirely the deductibility of "ten and pegeor" property tsxse, and psgtislly elisinate the deductibility of state and local iaooss taxes. While this provision would rWduoe the ability of cities and states to 9e8e91ita ,revenues,, equally important would be the tact that the federal government *%,lld be engaged in an unPrecedsntd intevsia+ into the affsirs of skate and taut gavel to by tolling them which stag and local tares age preferred and which age to be discouraged$ To miles RM Wi M am 211k Eut FAU since 1171r Cities hsys made extrscrdin"y saorific:s. During the period rinds 1071, egderal assistance to the cities bike bean cut by gore than 50 pareent- On Magah t• 11i1, an additional cut of just undies give percent wam made in emit of the progssms directly affecting cities# due to of Orarw-awe- . leltisgs deficit reduction 1"isletion.- The adninistsatica's budget prePesal . IN giant year 7,017# wbiab has baea rejected by both heweta Of Ceayr•ss• esiid I" was greater aassifflus team oitiese ant would have wgteotively eadM .its ( More ) L 07 n I � Was Worm Background (NM 03' tV iI A federal -city partaerabip nurtunsd over deeadeso Although loss drat rliano "a� din the n m s uoita are also likely to loos cuts ine additional ka light at all trsse outs --past# present and future --it is waonaolonabia Cot the teftn� government to ute the "Chosen or task reform to undercut the , oapsomw s 00194 to raise their own revenues and to restrict their authority and abiliyr is issue notes and boadao Nuct"awa, %bile cities are struggling to Cope with asesive cuts in the federal groves" serving than# suppoawly in order to taduce the federal deficits revenue-nauttsi tax reform would do nothing to addrees this single Cleat isportaat Low lacing the nation. It has been estimated that the Moose-paessd bill• by cutting back and eliminating tax loopholes# asboidiea ao •pandttutes, will rail* more than $354 billies ever the next five years --a figure large enough to eliminate or at least drastically tsduoe the redsral dsfieit and do away with the need far aramr Mules-*o1lings, Nowver• whew the conopt Of "revenue nwtrslity•' 'not s singly peaay of this newfound twome would be used to reduce the deficit- tnsteado recouped funds would be used to give e"poseticne and'individuais additicnat tan cuts# again at the espenes fog cities. dho national League of Cities supports the fundemental Concept of tax reform and 61011114stion- mousier# it esphasises that a tax reform program meet ensure. that America's cities &so nfwt burdened by tetorm'that hinders their anons-'N dovsicp 1 and wolf being. Any tax SOCCER Basuto wet oeneiuue the deduotiiility of state and local t"Os, tax-exempt: bond rinancing• Oad housing 04 historic the' revenue recouped by tagosetvation x reformstso should o itowardreeducingtf tleast a the fedegax Lion at deficit. The Nstiowl League of Cities does Support the tax reform *Ossurs introduced by •Ono David ourenbenger (110minn-) and Cosponsored by Can$ hte oCaanioi ("*.H-) and ian. beta Nilson gl.-CaliC-fo she outenbarget bill two 2146)t wbich preteoto the authority am, 0 peony of cities and states to issue bawds, would, " rejoat Say limitatiAm on the authority of municipalities to issue general obligation or revenue bondei o ptaride.,hat no portion of a 9wernnnital bond be subject to a volume CAN o ams"t municipally owned and operated facilities from any vole" earl o 4xeapt public -private psrtnership feeilitiaer such as waste•to-energy facilities, wbicb provide benerits to the general publiot " o exript poet tsx inCramane financing,bondar o distihsuish between governmmtel and quaai«govetnmantal hands when applying strict new fadsral wMatesr and o eiiMiaate tbeLMwss-r"*ad pEovision %bli* Would re4uite cities to file ssswi repents with saeb sad "wry taxpayer within its jurisdistion ad with tw isNRaal Bavesus �ervise. 30 rr-fNr gmbed W iftivNlirs Avowmw N no Came (2011"9000 To IAew AVAI UN il sae wirY0 CNwel AIM QYr 4M6IY0 Tow IrrHY�[I MI�M CaMYiMY�wM CAN tMMw M Uw ON" Cwwws =V Commy /wow Miry IMPINOMPM Q�MA� YIMnG11 1gYMClh�wee.;. •w.walo MYYM Y4NNo War the most pact• the 90110110111119 facts apply to both the Yoade-passed tax eotaca packpa (C.R. 38341 and the maasure proposed by dsnatar M Oackwood tR- Ore.). Any srjor differences will be so indicated.) F o By cutting back and ollainstiog tax loopholes# subsidies and expendltuires, the rouse -passed tan sefor■ bill would raise an estimated 0350 to $000 billion over the next fivs years. Yet not one penny is destined to go toaard reducing the federal deficit* tinder the concept of "revenue neutrality," every penny of this newfound revenue would be returned to eospoeatians and Individuals in the tors of the largest tax out in history, again at the expense Of the nations cities• o The tax reform bill passed by the House and the Qackwo0d proposals will ssvareiy restrict the ability and authority of cities to Leads, tax-exempt bonds and notost and for the first time in our nations history, the federal government woWd Impose a direct tan on municipal securities, --auvaenewnt obligation• ravenue, tan asseeswnt, and tax increment financing bonds would be redefined to ceAtriut sunioipal authority to issue these kinds of tax-exampt bones and notes for traditional pubiLo-pueposs aper&tions and faollitiea• The redefinitions would substantially out back an present !awe defining publicly owned and operated facilities which did not Meet these now• complex tests as "nongovernmental" or "Umementiai." The propeasi would, in addition, impose comply new rums ores the issuance of these bonder and detarsine that inadvertent failure to comply . at any tLma Over the life of thews bonds, would make, them tamable. --There would be limited authority to issue Sams tax-exempt bonds thatcould not most the above testae Iowevere most of these would be, subject to a state values cape further limiting the authority and ability of cities and towns to provide soonamic davelopment and opportunities in &toss of severe eoonoelo distress. The bills would also eliminate entirely the authority Of municipalities to is$" municipal bonds for parking facilities, district heating and cooling, sports GUAIUms• and convention or tirade mute, toee*ec• day aira centersfe public 1Lbrairits, police stations, MM other municipal facilities which failed to not the new stringent teats to be . classified as se, -called "governmental" would be inoLigibis, for tax-exempt financing, i tore H " � 1 a ki #ants About 149 861088 W1 -1- --#n aMMa burden found in the Ibues measure is that in the aa$*$ where the be*elit to a nalgovemnmeeltal entity tails Short of the level that would make the bond ineligible tot tax exemption 110 percent or $10 million, five "tout or $5 million, as esplsined abovolo the amount over 11 million wau34 Daunt toward the volume cap. --An added burden found in the Packwood measure 1e that win those 1s$808 %Mt do meet the tax-smouption toot would be subject to the minlsum tax. --14 both case*, bonds issued tog the following types of projects MONld be taxable U.*., Could not gain tax exemption was it issued within the volume oaplt sports taoilitiesm convention or trade cantatas parking laoilittea$ district heating or ocalingt and industrial packs. --A requirement found In the douse sensors, M1ioh would be virtually ispowible for name cities to meet because of statutory Or constitutional provisions, is that five, percent of bond proceeds meet be spent within 80 days of issuance aM all proceeds seat be spent within three ysars- --Cities using sound money management practices would be penalised. The no" cities derive trod arbitrage (by piaoing unused porelonS of a bond )sous in securities yielding higher rates than the gets at which the bond We sold) would have to be turned over to the q.f. Trea$ugy. A190. this advawo refleancing of debt a as to achieve interest -cost wvings would be swarely limited. --Although tax reform has not yet been enacted into lay, provisions in both pgopoaala already have had a devastating impact on the municipal bond wrketo OsoauM the 11011N meaagte has an effsotive, date Of 86ftusry 1, ids, cities have been wary about issuing bonds. This uncertainty hem reduced the volume of revenue bonds to !Loans eanstruetion of public schools, bighweye, prisms, and "to$ and $ewer taeilities by 61 percent oampaged to a yang egoe it has re,duoed the issuance of general obligation bonds backed by the full faith and Oredit of loam governments by de, percentj slams d the door on housing bonds, and raised serious Cae*tions about this states of bond$ issued for 9e00e10110"t S*curad 100 perosnt by property taxes. Ibgs recently, the municipal bond market virtually Ooligpsed when fan* Packwood proposed to subject tax-exempt bonds to the Minimum tax. e 'the Packwood measure also Contales a proposal that would undercut the sepaaity and authority of cities to rates their coin revenues$ it would elisLaate entirely the deductibility of state, and looal males and pegecnal Property tame$, and partially eliminate the deductibility of state and local Imam taxes. e Addisg ro the fiscal burdens already being borne by cities is the Provi910R to tM Mouse -passed bill that would require 01MICIPaiitie4 to file annual reports with each and every taxpayer within their jurisdletions ace with the lmteraal ltwatate service. The Packwood proposal would require cities to file Su*M gepats to any taxpayer who paid Income or payroll taxes in the previous ;ear. m 9 "01 L_ I i i i ' d a i 1 i • i t I � i L1 facts About Tate &$lots (VLC) " a' o IM aationel League of Cities supports A tax reform proposal introduced by sea. oavid OurenbargUg (wminn.)o no ourenberger bill ls. 3146Io which protsots the authority and capacity of cities srA states to issue bonds• w0ulde --reject say limitation on the authority of municipalities to issue general obligation or revenue boadme --provide that no portion of a governsentol bond be subject to a valums aspf -»sea apt samotpolly opened sad operated facilities egos any volume eve --sxespt public -private partnership facilities• each as Mast$ -to -energy facilities, which provide benetits to the general public) «except moat tax inorsmsnt tinanoing !redevelopment! bondae --distinguish between govetRUM ai and quasi-governewtsi bonds when applying stria% new federal mandatese and --ellsinate the Souse passed provision which requires 01tWO to 111e annual reports with each and every taxpayer within their jurisdictions and wLth the xntornal Savenue service. ----- 30 amm E lMlMll Iy01 daArcnM1�lW nxaan LIMAro" i � y W %so raga 1a01hM1•�000 rnrwrNr�xa C&J%*A0 M M L*P.00" M C""G LMMYnIMMN.' ftm"PKm CM Aw ft ww WM '!sd or�rtl i► gore�oM-�o��rLMr� squwiw►::a w an saw �r�.w� •�M 1ANee.Ly�•4i•! Ir�cur.+dr=►M �4nMeM CC pwstioxe eliain�nylsubsidies be used tea c� it 0 the ss tatpsrb* ladatal deficit? "MCI Mot a fowl it is ludicrous that an administration sad sesbers of Corgtesse altar Constantly Narnimg that the biggest prCbles facing the 111Maa0iai WILL being of this nation is the ycoNimg federal deficit# do not wept to an sons of the sstimated $350 billion that will, be gals" over the next five years to help reduce that 4e9icitb. instesde under the Comogept of "revenue nautraiitye" avecy penny of the newfound revemus will be used to provide additional tam cuts lot corporations add individuals. q$estiom� Mn't suaicipal bads lot such traditional public-purpoSS projects as *Uomtoga saboolso City 9,009011ticul, t"we" treatm etplants# sadpubl c hospitals still be tax Sao*%? Amswcj under all of the pending to sloes pccpoaaise except for s4 310 as proposed by Awn. David oaranberder ("inn,)* sang of these facilities aou14 Loss their tea-exerptt status. Ali will b* relatively sore expensive to finanas. Ike administration• Noun# and paekwood tax esters proposals ail redeline the existing law defimitiod of traditional public purpose such sere nectowlys they 8110 for instsncee mold probibit tax-exempt financing if more than a eactein p*tdentege benefited a nongovernmental persm if a public ho+pilale for womplee bad a service contract for emer9eney cow $*twice$ that cost scte than am* Vacant tender the adsimistsaUMIS propcwalh or 10 percent (under either the Ones or Packwood ptaposalh o the e11ty hC*pitsl could be ruled "magorernmantal" or •naneeasntieii.` It a City agency had a day care facility AM took up care than 10 percent of the building spsca, or a Mee4 start prograve these would ttillet the Lana of public# taxmos"Not status under any of the peaposals. piiestiomi give a some on— 6 of how some atf ooted hV this test for tax-tesaIPt anspublic-purpdaa Y boot s s"d Answsre It a city constgua wd improvements as r4quirs4 by the gnviconmentai Isetestion Agency to a sunioipally owned ead operated M"'§ trastsent plamte it would be prohibited from finsmoing Such improvement thtougb r ewe& f I 'ii m J i Tax Reform G" OKA) W 2W ass of a taxaxsxpt bond issue it any industry had guaranteed access or special treatment equivalent to 10 percent of the plant's capacity or the equivalent of $10 million of the plant's improvement. Other examples would be major prison and public hospital facilities. These facilities now cost well in excess of $10O million, and increasingly those facilities involve contraotual operations such as for cafeteria and food ssevice# leb sagviees# emargeney momse and building wintonanee• or sat asida apeos or provisions tot excess capacity, for day tare# for education programs# eto. These contracts can easily exceed 10 percent in value --making the entire facility ineligible for taxwxemgt financing. gwstione You mentioned that traditional public -purpose bonds that do not Best the test tog tax -exemption night still grin nab exemption under a now category of bonds that would be limited by a volume cap. Does the formula for the cap provide sufficient allocation for normal requirements? Answers Not booking at the bmdo issued by the states in 1014 tog purposes that would tali under the volume cape more than halt of the states 431) went wail over their caps, nine stags wore within percentage points of hitting their caps, and only 10 states were comfortably within their respeative caps. Nowevsg# the results of the survey see misleading. The figures used did not take into account a quirk in the proposed now restrictionse In cases under the Nauss bill where the benefit to nongoveenmentel entities fails short of the lever that would make the isaue ineligible for tau -exemption, the Owguat av4t $1 million would count toward the volums asp. gwstions Are there any traditional public -purpose bonds that would be denied tax -exemptions even.undsr the volume cap? Answers Yost •sollities as traditional as public libraries# to towi halls to toes to dog pounds to police stations would be treated as private- purposee *nonessential* facilities ineligible for tax-exwVt status under these proposals. Whereas the proposals specifically rajected taxraxempt status for such municipal taotlitiee as packing, municipal public power# and district beating and cooling, sports, trade and oonvention eenteeae the proposals omitted any prevision for traditional public facilities which cannot meet the narrow redefinition of "public purpose." questions is it true that cities that use sound money management praotiee, would be penalised under the provisions of the tax estate pgcposale? Asswsrs ices# in two instances. Any money raised by a city through arbitrage (by placing unused portions of s bond issue in securities yielding E higher rates that the eats at which the bond was sold) would have to be turned over to the UJ- Treasury. And# the advance refinan+ting, Qf debt so as to achieve interest -cost savings would be severely, limited* Questions W.y did trading in municipal bonds almost come to a standstill? A maI soon" one or the proposals (the Mouse passed legislation) has an effective date of Jspuagy to ifft, he a result# to be absolutely sure that a boat they ?char is timc-axiipt• cities would have to Beet both 1Ne suggest and Mtoposed requigoomate few tax -**a Wk rands. More ( Mete ) r LU I', Was 1*10to oar, UAW) 'L recently. %halt gone taekvood unveiled big tax colors proposals• the onnicipal bdoi socket ass naer&y to IS oosplete $top* ono of the p*quicgft%ts in his pegpogal vould have stag the interest earned on all tax•exeopt bonds 50300t to a ainisus tax, the retroactive portion of that requirement boa since been rejected by the Senate Wings" aomait%soo noose@*• the threat of the subSootion to a sinisua Us of all Muce tax-$39UVt• &moues still costing. ouentical =s that* still a threat that taxpayors could Lose the ability to deduot state and local taxes fcoa their Cabral scow tax? Answers lose a way Cost threat* she packwood proposals voids eliminate entirely the deductibility of state and love& sales add personal prcporty taxes and partially eliminate the deductibility of state and boat idoomo Usage ouestieas is there stir a possibility that the tax ocodits private developors get fa bletaric preservation and rebabi&itatice Of older building* will be elisinateal hoswecs Chile the threat has diminished• it always coming a possibility until a taw rotors pooksge is tinily onsoted into law. to Light Of the loop cuts is federal aid ror lousing and ears unity and eoonaalc dgvolopmont that cities have bad to andurs• the MIMIC pcosecvition and cobabilitaticn tax credits ago war of the law ressinidq foal* cities have available in their effects tO tovita&ise Older aectiara of their cog"nitles, mamma 30 mm- 1 1 j .. (I M 0 I-: -,� N 'Y _ ,i DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES /OM111MR-1-183) O. sox i OW ,1�9101JJd y CHORAGE, AIASNYA "91" 00 ca0 �y_ CRNiRA/ REGION 01PUrl'COMMISSIONIR pall2664# 0 AARtees Rc^ tyAD s c41'(p )W �rr��c� April 7, 1986 Pl�9a�ztiZ RE: Kenai Municipal Airport's AIP Preapptications Mr. William Brighton, Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Brighton: The Department of Transportation and Public Facilities (DOTAPF) has completed Its review of the Kenai Municipal Airport's preapplication for property acquisi- tion leading to the construction of the floatplane basin. Additionally, we have reviewed the contingency preapplication for runway safety area improvements and the construction of a general aviation apron. Based on the information contained within the preapplication, the Department can not support the proposed property acquisition/floatptane basin construction protect as it is inconsistent with the policies of the Alaska Aviation System Plan (AASP) concerning floatplane basin development. The AASP provides policy guidance to the State, including DOTAPF, to use in determining priorities and the appropriate level of State involvement in resolving aviation deficiencies. The AASP suggests State participation in floatplane basin development under the following circumstances: 1. The State will consider construction and operation of seaplane and float - plans docksg rampsg and turn arounds and other landside support facilities where the landing surface incorporates a natural body of waters or an existing artificial landing basin• The State will consider funding construction of artificial landing basins, only when such landing basins can be created as a result of excavation or dredging required for borrow material for construction of other needed airport operational facilities transportation. or public works projects. The State will also consider funding artificial floatplane basins in special cases where it is demonstrated that floatplanes provide a primary access to the community. or the several outlying communities are primarily served by floatplanes o�erat ng from that airport. to such casesg an artifical floatplane basin - .n,1A enwus A wan nAAl ..Ahulation. .'i M ,y I J ,a 1 1, William Brighton -2. 2. Seaplane bases identified within the airport inventory as Community air- ports that serve as the primary access point to an established community will receive equal consideration by OOTAPF for State funding for con- struction of seaplane and floatplane support facilities as would other Community airports. 3. Seaplane bases identified within the airport inventory as Local airports will be considered by DOTAPF for State funding for support facilities, provided they serve a secondary access role for established communities. Purely recreational or emergency seaplane and floatplane landing areas not associated with an airport providing community access will not be considered eligible for State funding assistance, except under the conditions of item I above. The floatplane facility proposed by the City of Kenai will not provide the primary access to Kenai. Also, no outlying communities are solely dependent on floatplane access to and from Kenai for connection with the remainder of the Alaska trans- portation system nor would the basin be created as a result of excavation or dredging for another transportation project. Items 02 and 03 do not apply to the Kenai Airport as it is classified as a District rather than a Community or Local airport. Therefore, it would appear that the floatplane basin project will not be eligible for State support. However, we will be discussing this issue with the Govenor's Office of Nanagement and Budget (OMB) to determine 1f the $844,445 General Fund monies remaining in the Kenai Airport Ramp project may be utilized by the City for the floatplane basin. We must consider whether it is possible to administer thPgP funflq through DOTIOPF ac c grant or whether it is more appropriate to reappropriate the monies directly to the community as a municipal grant. As you are aware. the City of Kenai may expend its federal AIP entitlement funds on the floatplane basin project as it sees fit$ however. the OOTAPF can not participate in this effort. As previously mentioned* the project is incon- sistent with our interpretation of the policies established in the AASP that guide State involvement In various aviation projects and programs$ including funding priorities. Given declining revenues and the large number of other projects with higher State priority. it is unlikely that construction of float - plane basins wilt compete favorably for general fund dollars. Therefore, The City of Kenai would be responsible for the entire cost of the project including the full 6.25% local sponsor match requirement. We do feel that the contingency preappllcation for runway safety area and general aviation apron improvements merits the Department's support. The improvement to the runway safety area and the construction of a new general aviation apron are in keeping with the policies of the AASP. If circumstances require that this contingency project be developed this years it will have the support of the State including the Department s participation in up to one half of the 6.26% local sponsor match requirement. However$ we do want to emphasize that funding for the contingency project will use the majority of your carryover AIP entitlement funds, impacting the City's ability to fund the floatplane basin project in the future. LE - ----��-`-err_•--"-.-.- [in f 0 William Brighton -30 it you have questions or wish to discuss this matter furthers please feel free to contact me at 266-1440. Sinc ely, M 1�1 am . ne Deputy Commissioner MMO/cn cc: R. J. Knapp, Commissioner, OOTVF Jay Hogan. Associate Director Office of Management 6 Budget Margaret Holland, Grant Admin;strator, OOT&PF Ron Lind, Director, Plans. Programs. m Budget, DOTBPF Dina Marie Lindsey, Manager, Statewide Aviation, O0T&PF _ Rob1e Strickland, Manager. Airports 01v1s10n, Federal Aviation Administration John Tolley, Chief of Planning, DOTBPF i 1 CITY OF KENAI „ d Chat aj 4"„ 210 FIDAL00 KINAI. ALAINA 6N11 TILBPHONEII66•T635 April 179 1986 Me. Margaret E. Holland Gronto Program Coordinator State of Alooka, DOT 4111 Aviation Avenue, Box 196900 Anchorage, Alaoka 99519-6900 Door Me. Holland: The City of Kenai respectfully requeate amendment of the wording of Exhibit "A" in Grant Project No. D2047 to include the following: "Safety zone fill and grading, conatruct and pave a general aviation tie -down apron and widen, pave and relocate 1141stisey of Lho accondary t•.wxiwavo of the general aviation area." Thank you for your cooperation in handling this requeot. Sincerely, i dam-' Randy Ernet Airport Manager RE/dg r,. r, �T?7RJTj r � IM Project Name Kenai Airport Apron Project No. D2047 DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES ANENDMENT NO. 1 TO THE TRANSFER OF RESPONSIBILITIES AGREEMENT The Transfer of Responsibilities Agreement, effective the 18th day of _J_u_i_� 1984, between the State of Alaska Department of Transportation and Public Facilities and the City of Kenai for the purpose of planning and construc- tion of the project described in Appendix A of this Agreement, is hereby amended as follows: APPENDIX A A. Scope of Work: Add: Safety tone fill and oredinn. construct and pave a general evisticr: Lin -mown apron and widen, pave oud oviucate o:ghting of the secondary taxiways of the general aviation area. All other provisions of the original Agreement, as amended, remain in force. In witness whereof, the parties hereto have executed this Amendment No. 1 To the Agreement as of the day of , 19 . —' r r' ee gna a Director. Design a construcTro'n Department of Transportation and Public Facilities Ch 24/04 i a J 1 } S7& Q eL&SKI DEPARTMENT Of TRANSPORTATION AND PUBLIC FACILITIES MIRA& REGION o DIVISION Of DESIGN AND CONSrNVCIION IRO/SCI CONiRO! April 23, 1986 Ms S/IEE0`/E1D• GOVERNOR III1 AVIATION AVSNUF 0.0. BOX 1"900 ANCHORAGE, AlASKA "Oftdf00 (iSlEX ?S•Ia91 (907) 266-1500 Re: Amendment No, 1 Kenai Airport Apron Project No, 02047/53220 Mr. Charles Brown Finance Director City of Kenai 210 Fidalgo Kenai. Alaska 99611 Dear Mr. Brown: Enclosed are three (3) original copies of Amendment No. 1 to the Transfer of Responsibilities Agreement for the above -referenced project which increases the scope of the project to include safety zone fill and grading, construct and pave a general aviation tie -down apron and widen, pave and relocate , ing of the secondary taxiways of the goneral aviation area at Kenai Airpc Please review and sign the Amendments where indicated, then return all th copies to this office. A fully executed copy of the amendment will be se to you for your files. You are advised, however, that until fully execut any work performed based on this document is at your own risk. If you have any questions regarding this amendment or the administration the Agreement. please do not hesitate to get in touch with me at 266-1501 Sincerely, Margare Holland Coordinator Grants Program Project Control MEN/jm Enclosures a/s cc: Randy Ernst, Airport Manager, City of Kenai CITY OF KENAI IIO /IpALQO KtNAI, ALAlKA tNll -- TILEMN1 Zq- Ml April 17, 1986 Me, Margaret E. Holland Grants Program Coordinator State of Alaska, DOT 4111 Aviation Avenue, Box 196900 Anchorage, Alaska 99519-6900 Door Me. Holland: The City of Kenai respectfully requests amendment of the wording of Exhibit "A" in Grant Project No. D2047 to include the following: "Safety zone fill and grading, construct and pave a general aviation tie-dowto upeon and widen, pave and relocate lighting of the secondary taxiways or the general aviation area." Thank you for your cooperation in handling this vequeat. SlncorelyG, Randy Ernst FiEC01VE0 Airport Manager AM Z1 '86 RE / dg —� —._ �1' IWFO - I OY April 309 1966 AP81986 • City of Kenai RECEIVED -j d 210 Fidalgo Str GO fto Kenai, AK 9961 't*":jPdb1W Woft W., STATEMENT 08604 KENAI BOATING FACILITY '1 Vj Y! Professional Services through 4/28/861 Principal Engineer J* 82.0 Hro/075 00,,(S.T.) $69150-00 35.0"Hru/895:00 4O.T.) 3, 325. 00 Clerical 11.0 Hrs/025.00( 275. 00 :1 Miscellaneous Expensese Mileage 27 miles 0 13. 50 .50 Malone Surveying, Inc. 6,163.50 Equipment Engineering/Rebuild 19601.60 Salamantaff Seafoods 165.00 rl Underwater Construction to Bob Hanson 363.00 Kenai Supply 62w4V Denali Drilling 139458.50- 44i1.Ii0 440.00 Toloff Construction Postage (Southcentral Air) BALANCE Me ot IL -------- mll FOR (AudloW 111b.0#1086 ft —13 oklum PAMIG Woks 1641 G," g05. q90 .10 TOAWNM- wwmv W- Pvin- CK CIft Ck-- i4i1c 11 ow t---/ - - -- - .. - &-.- - -- -i �1 F April 309 19136 Keith Karnel i s Public Works Dirac S City of Kenai 1 210 Fidalgo Street Kenai, AK 99611 CONSLLTWO ENGNEeRS ruRAL i OVIL i PLA Res Kenai Boating Facility - Status Report Dear Mr. Kornelist We have completed the field work for the soils investigation portion of the project. The soils report is now being prepared. . I We have also completed aerial photo mapping and field survey j control. in addition, we have taken soundings to use for locat- ing the dock on the site. I have visited the site with raNr eue»itaiti vac Of the Cr'rt+w of Engineers to familiarize them with the project. We are currently working an the application for the Corps permit and anticipate submitting the application by May 15th. Sincerely, Wm. J. Nelson b Associates I ;I roe" m. J Nelson, P.E. •; `�;�• IY Principal WJNtbsg i I t 1 1 A �c_�_._.�_�n�.y��:.a-LJs.t.Ju+:�u3.JAsli+-♦._,_i'.�-..Lk ..0- 7 I 'l XWFO. /60 Colo% ft ko w 40 88 Cft . . p gas 0 - --- --- --- ow 41 -" V _ "V1 KENAi MEDICAL CENTER, INC. ' EiNCODURDINO Fog 0111Ce EOM 1390 March 3, 1986 .TN .n1pa011128) 90111 IUNAI, AIASMA 99611 Mr. William J. Brighton, City Manager City of Kenai P.O. Box 598 Kenai, Alaska 99611 Res Update on Emergency Medical Sorvicoa for the City of Kenai Dear Mr. Brighton: Monthly meetings with the Kenai Fire Department EMTs have continued since my last updato to you in September 1965, for the purposes of reviewing ambulance rune of medical aignificanco, the quality and appropriateness of medical care provided, and for the purpose of continuing medical education. The first week in December 1985. an EMT Ili Continuing Medical Education Updara courbe was taught by Steve O'Connor of the Niktaki Fire Department, assisted by myself and paramedic Donnie Lovett of the KFD to all EMT,Ila and EMT Ills following which the EMT Ile and iiis took their respective examinations for re-certifieation. You are probably aware that a Kenai peninsula EMS Council has recently been formod. with a representative from each of the fire departmento on the Peninoula sitting on the Board of Directors. I have attended some of theca meetings for the City and will be talking with Fire Chief Ivanoff this week about a permanent representative from the Kenai Fire Department being selected to represent the City EMS program on this Borough -wide council. This would be in addition to myself as a sponooring physician. We will soon be apprdaching another fiscal year for the City. The past four years I have contracted with the City to sponsor the fire departments EMTe and paramedics, to teach them on a regular baste, review monthly ambulance runs* certify their care, meet monthly with the hospital ER Committee on their behalf, and have become involved in the Borough-wflo EMS Council on their behalf, without an increase in contract fees. Thera has been a significant Increase in the time required for these activities and therefore I am requesting Council give consideration to increasing contractual I'J William J. Brighton -2- March 3. 1986 payment for our services -from the current $6.000 to i8.000 per fiscal year beginning July 1, 1986. The Kenai Medical Center would like to continue it's contract with the City. The fellows in the Department have more enthusiam for patient care now than I have seen at anytime during recent years and x Would like to see the momentum continue. Sincerolyr Peter 0. Hansen, M.D. POHtht act Fire Chief Alfred Ivanoff. KFD 1/ 00, c1 L. M Rf1es Hansen MD Reports HANSENt MD DATEt Aug 21 84 HOURSi 1.3 OATEt Nov 2 84 HOURSi 2 DATEt Dec 3 84 HOURSs 2 DATEi Dec 12 84 HOURSs 2 OATEi Jun 19 85 HOURSi 3.3 WEi Aug 7 83 HOURSs 2 _ DATEs Sep 17 85 ioupg l 3 DATES Sep 18 83 4OURSO 3 DAM Dec S 85 HOURSs 3 OATEi Dec 11 85 HOURSo 2 } WEs Jan 21 86 TOURS, 2 ?ATEi Apr 13 86 QUM 1 .0 DATE t e.pr 16 86 -_ 4OUR8t 2 Page 1 0/fic-9 I F146-SE AX1 rW ��rg s bra rtMr 172, d'4fVSj;w /j#.s S POIr #dJP.cs S e Ne6 Au4o s r v, 19s # I Frm O&W l-3SOM &A Avo ruan . T#6 mr4c.. rsAw m oZ 9 #as . '✓ E7wns i 1 - i� - J/ . T1Vr-0-/7 CITY OF KENAI %Od Oa#W 4 4" 1P /IDAt.QO IiAN 0, ALUM Nita May Y, 1966 MEMORANDUM TOs Kenai City Council FROMs Dane Gerstlauer, Administrative Aesistent REs Burnett Easement Through Golf Course As directed by Council at the April 169 1966 mooting, I have written to the State Department of Natural Reeourcea, outlining Council'a suggested alternate roadway and residential lots through the go1P course property. This alternate roadway would traverse dedicated parklands, so my inquiry involved approvals required from the State to implement thin suggestion by Council. I have also writton luttere to both Dick Morgan and 3111 Aurnett requootiisg a meeting with Administration to resolve this matter. It is my understanding that Mr. Morgan will not return to Kenai until the latter part of May. Attached to this moms are copies of the letters mentioned above, so well as on oetimato from public worko on the coat of the alternate roadway and an eatimsto from McLane and Associates for the coat of platting the alternate roadway and residential lots. /d Attachments L. f �j +, o F 4 ' 0 ' CITY OF KENAI ,Ord C' dd 4" 210 RIMU 0 KINAL A"11CA /Nit TELEPHONE 282.76as April 22, 1986 Mr. Larry Gordon Department of Natural Resources Box 7001 Anchorage, Alaska 99510 REt 02-00020, Kenai Municipal Park Proposed Access through Dedicated Parklands Door Mr. Gordon: This letter is a follow-up to our telephone conversation of April 79 1966, during which you informed me that further approval from tho ruju ui government would not be required regarding ecceee on Candelight Drive Extended Lhruugh dedicated perklAndA. I have enclosed a copy of a letter from Neil Johanneon dated April 4. 1984 indicating approval of the uoe of this roadway as ecceee to lends beyond the porkland boundary. The matter of acceeo to these lands has become a concern recentlydue to the City of Kenai granting a lease option to an individual which would encompass this roadway. The individual plane to use the property for additional golf course area. The Kenai City Council hoe directed me to contact you regarding an alternative roadway through the porklands to the adjacent property. As shown on the attached map, the area colored in yellow represents the lando dedicated to parka and outdoor recreation use. The area shadod in red is proposed to be developed into residential lots with a roadway (shown as a block line) down the center. I would appreciate receiving your comments, in writing, on this proposal and also documentation of the steps neceoeary to accomplish this roadway proposal (i.o., roquiremont of replacement of parkland, etc.). Further, I would appreciate a letter from you that I can proeont to Council, documenting the fact that the State Department of Natural Resources has the authority to give approval for the U. S. Deportment of the Interior on matters of this typo, and that you do in fact give ouch approval, as we diacusned on April 7, 1986. „ c7 o . Pleaee contact me If you have eny queatione regarding theoe matters. Thank you for your aeolot©nco. Sincerely, one . eretlauec Administrative Aeeiotant Enclosureo Tr- Nt, .. r4 1 "I 1 ti • r 1 _ • e g_l •fy1 , h o i .) f y a� N \ w '• � � i r L, \ � � I r IN � O • •... �••• •' 't Pr od oxto nio�•�7 QAMLELII tl L'T• ?,i „ i 1. iJ 32. _,\ Sni%•sl: ►a��•`''�f.L.. •.'C'•:i�`! �'�' ` PROP.'.,... . •.i'!1'}r•L/Y•!�L; � �. �i1 �� .r i�'i- d .:� ~ _�_ w_+•• • \• _ ,��nl .at:.-1s:�:,•q. :t� f, T"YE� � :.,�j�..' •.rn n41 � %`�:i�'� I� 40 A �, • L,� y f Ap r .ev. ..«�. w. ••••j �. .. .. S• SYLttuY!•. •L•L.. . �. • ;'�., Jl U F 0 CITY OF KENAI %Od pdaif 4 4" 010 PIULQO 1111104 ALASKA We ULiPKON/II0!-rase April 229 1986 Mr, Richard Morgan 93-567 Kom Highway, Apt. 113 Hauula, Hawaii 96717 Deer Mr. Morgans In recent months, the Kenai City Council hoe been diecuesing the matter of a roadway down Candlelight Drive Extended, which rune through a portion of the lends on width you have an option to lease for expansion of the golf course. The adjacent land owners, William and Jill Burnott, have expreeeed concern over the fact that this roadway may be covered up if you exercise your option to expend the golf course. I havo oncloeed a copy of a letter to the State Department of Natural Reeourcee regarding a propoeal by the Council for an alternate roadway. The Council hoe directed the City administration to set up a meeting between the Burnett'e, the City and yourself to work out a aclution agreeable to all per Lee. I would appreciate you contacting the City at your earliest convenience upon returning to Kenai. Sincerely, 0 ne M. Qeret ouefr' Administrative Aseiatont Enclosure ace Me. Jill Burnett a040 AAtvs i r i- •4 s� a a l r— CITY OF KENAI „od eap" 4 4" 210 PIOAL00 KWAI, ALMA M11 f UPMONB OW • 7635 April 22, 1966 Mrs. Jill Burnett j P. 0. Box 1022 Kenai, Alaake 99611 i Dear Mrs. Burnett) Enclosed are copies of lettora written to the Deportment of Natural Reoourcos and Richard Morgan regarding access to the property you own that borders the golf couree. As I told you by telephone on Monday, April 210 1966, Mr. Morgan will not return to Kenai until the and of !4oy. Sincerely, ono Ceretlauert Administrative Aooiatant Enclooureo F 0 420 wM IATaNs INO. nF*M ApR�D April 290 1986 Dana N. Geratlauer City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 RE: KENAI GOLF COURSE PROPERTY Dear No, Gerstlauer: Thank you for your letter of April 28, 1986, requesting a cost estimate to plat approximately 26 lots fronting on both sides of a 60 foot road Right of Way running north -south along the common line between Government Lots 2 and 3 Section 3, TSN, RIM Seward Meridian, Alaska. This task could be accomplished for a fee of 06,300.0O. However, I have serious questions on the impact this might have on the golf course. Hole number ono for all practical perposes would be eliminated and would severely impact holes number two and nine. Thank . Geoe yo H. Bradf 4toLoS. McLane and Associatee, Inc. GHB/sm I .Q. eOX 4A9 60LOOT'NA, AK 69969 807-M3.4219 NA I l� :`'._ K p d n i MEMORANDUM TO$ Dana Gorotlauor, Londe Managor FROMs Jack LaShot, City Engineer DATES April 28, 1986 SUBJECTS COST ESTIMATE - ALTERNATE ROAD TO BURNETT PROPERTY I have prepared the following rough coot estimate to construct a new rood, water and sewer from Lawton Drive south to the northerly property boundary of the Burnett property approximately 1350 LF. CONSTRUCTION Road 1350 0 $75.00 $1019250 Water 1350 0 $55.00 $ 749250 Sewer 1350 0 $60.00 $ 810000 Miscellaneous $ 20tOOO TOTAL CONSTRUCTION $2769500 FNr.IWERINIP. Design, Surveying, Soils, Inspection, and Management 22% of Cost E 60_16 " :A= .3 3373G NOTESs 1) This coot does not include platting of bordering lot@. 2) Newly platted lots along Lawton would need replotting. 3) Utilizing the existing Candlelight extension would coat considerebly lase - poeeibly $30,000 - :50,000. 4) This plan may reduce available acreage for the golf course oubotontially. Wow 11 . .A ' �s � 7 i 1h n 4 X7 AIPO April 289 1966 Mr. Millism J. Brightont Manager City of Kenai 210 Fidelgo Kensig Alaska 99611 Dear Mr. Brighton: Recently, we noted a discrimatory action being imposed on the Kenai Municipal Airport. As you are swore, the Airport Improvement Program (AIP) grant agreement prohibit discrimination. In this asset the City of Kenai may be totally unaware of a certain States rpeulatio�n Mhleh is oauslnff the City of Kenai to be placed in a noncompliance situation. The attached excerpt from the State Fish and Come regulations has been written in ouch s manner as to prevent the continuous use of certain State eirporta, including the Kenai Municipal Airport. As written and interpreted, the State Fish and Come regulations closes the Kenai Airport between September 1 through September 10 during moose -hunting seasons to the use of aircraft In any manner for hunting moose including the transportation of moose hunters and :goose parts.... This discriminates because it eliminates the private aircraft user and the charter aircraft user while allowing scheduled air service normally providing scheduled air service to the Kenai area. Two different Fish and Game protection officers and s Some biologist hove indicated that a person flying their own private aircraft or charting an stroraftt from other then those meeting the regulation, will be issued s violation. Therefore, in order to prevent a noncompliance action from being started, the City must initiate immediate action to eliminate this discriminatory practice. No public airport may be closed or restricted to use for certain air services or certain people. Me request you take immediate action to bring raaaOMM"a aPINAhnuicsw m 2 your airport book into Compliance with the grant agreements Your response and what action you intend to take is request4 on or before June 1t i986o It you wish to discuss this furthers please contact Howard Snit at 271-3873• Sincerelyq Russell L. Oyster Manager# Safety end Standerde Branch Airports Division Enclosure AAL-620sHLSmithixS444tcrwt4/28/86 A /AA NDM IMM 0011 10 ONIOIA«I�aeO�r' A F Central Peninsula Mental Health Center P.O. Wu 403 • KUA1• AtAIM Ml I & (UM 202-7001 AIRPJ iDQa w CI�ADMjM� �'c,Clry OpKt'IVgI.�'�•', April 10, 1986 Bill Brighton City Manager 210 Fidalgo Kenai, Alaska 99611 Dear Bill: As we have discussed with you, the Mental Health Center is seriously con- sidering building its uwn fd0II tles. If land could be offered to us from the city, the project would be a feasible one. We would appreciate your discussing this with the council and letting us know the outcome. Thank you. sincerely,, Marjori J. Hay 1 President, Doard of Directors CPMHC cc: Cathy Dinius U CITY OF KENAI %Od OtijaW aj 4" 010i10ALM Kp1A1,ALMA Nail . -- TOLA/NONl00!•1000 MEMORANDUM TOs Kenai City Council FROMs Janet Loper, Planning Specialist SUBJECT: Update of Comprehensive Plan DATEs April 29, 1986 The "final" draft of the Comprehensive Plan has arrived. This draft rm�sheiltconcerns enplanning Commissions and includes hseompedafter the lost �ointwork seselon Due to monetary and contract concerns, Dick Morehouse hoe requested the Plan move ahead as soon so possible. A public besting hoe been set for May 7th St b1OD PM for public input and any further work the Council cares to do on the Plan. Dick Morehouse (consultant for CCC Architects Alaska) and Polly Crawford (reporter for the Clarion) will be putting adds in the newspaper in r effort to gain as much public attention as possible. LM 6 i O1 � � � N M p 1f1 �0 f� m Q► O � M 30. " W Y � •y a 1 k 2 9 1 O •» O 0 O. u W U A. 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'O V O • N a l.• I... Q C M• a M t► -0 W CO • . Q • • • • W ere 70� 9 r.• • • p•r• • • Id.r ' �. Oor 1•+ �' C 0!1 . . . . f 11 w.. • • 11� t • • -0 • -r ~ ~ _� • • • • (9 • • • a• . s• • ... a N o . . . . . . . . . W . . O . w �o. to n n ..... ............ eo ..... . .... ...... . . x, xxx r" p st v x x w • • . • . • • . . . • • 7R . •+ PC 7C Q at O 0 tT A • • • • . • • • • • Z• W' NN z O y p aoxw•+w -•0Mp0 CKN%AInM 0 of, VOO N-+1 a �.. O�1 OV 0)O�oV0p1 N�oO�7 M 1 1 at •d DI o 01 _ �O 0 0 •O !y C : W 9. O O% :p6p V%I r00S 311 h+ Z%ftO)o��VOiga T dN a V .6%0 O N a•. PI O N 04, is�• 0 W4 • N H O N yL F CITY OF KENAI a " Del ea fd4l a/ 4"" 0101110AL80 01101 ,ALAAKA Wit -� T[LOPMOM!20• MI • MEMORANDUM FROMt im Rogero, City Attorney City of Kenai TOt Councilmembero DATEt May 7, 1966 REt Building Pormito/Landocapo Ordinance Appoolo The queation hoo recently boon raised by name of the Thompson Park reoidento no to why a building permit woe issued for Roger Boyd's proposed one -stop store. This memo addresses the legal ramifications of an appeal from the Landscaping Review nun:d and Li,n urrbuL upon issuance of the building permit. Ao proviouoly indicated in another memo to the Council, it to the Legal Doportment'o opinion that the Thompouti Pork ro©idento do not technically have standing to appeal the dociolon of the Landscaping Review Board unions they were Nocifically presenting aito plane themoeivea. Nonothol000, Mr. Devito and Mr. Sandehl and Mo. Phillipa, appealed the decision of the Landscaping Review Board on April 17, 1966. For some roaoon these appellants _ apparently felt that the appeal would result in a otay of any - construction on the property and/or the ioouonco of a building ` permit. On April 16, 1966, the I.egol Department rocoived a memorandum from Jack LaShot, the City Englnoer (attached hereto), which beeieally asked whether a building permit should be lesued. Shortly after receiving the memo, the Legal Department replied in the affirmative (i.e. that the permit should issue). KMC �. 14.25.050(b) provides for an appeal to be mode in writinq to the City Council, but nothing in that code section outhorlsee a stay tom` on appeal. The reason there in no otay provision is because the landocaping review ordinonce woo never intended to be applied to such an advoreariol typo of proceeding. An mentioned repeatedly m U 11 P s 1 .A .. - --- A.- - -- - i throughout thin particular dispute, the intont of the landscape appeal proceon is 14o allow an Individual, ouch no Mr. Boyd, to appeal a denial of approval of the anescope design when that denial cameo from the Landscaping Review Board. in that cone it Is obvious that no stay is necessary because no building permit Issues and the City does not have to stay onythinry because the City would not have issued the building permit. Because the landscape provisions of the Kenai Municipal Code do not apply to adversarial type procosdinge, and moreover, because there is no provision for a otay, the Legal Department recommended to Mr. LoShot that the building permit issue. When Mr. Boyd come in and requested a permit, the building permit Issued. To have done otherwise would have exposed they City to poeeible civil liability. This Is not to say that a "stay" cannot be had. An impartial court of general jurisdiction might iooue Injunctive relief should an action be initiated. Such a procedure would be appropriate in o cove ouch no this which hoe become adversarial. The City ohould not be put in a position of usurping the Court's Inherent equity powers, especially where, as in thin case, the parties and the City have had numerous ox-porte contacts and parties to the controversy have appeared before vorious commissions and boorde. A court Is beet equipped to sort out the relevant from the irrellevent and issue an appropriate order, which order might take the form of a "Stay" or injunction. To/elf Attachment 2 L MEMORANDUM TOt Tim Roqero, City Manager FROM$ Jack LaShot, City Engineer DATE$ April 189 1906 SUBJECT$ CONVENIENCE STORE BUILDING PERMIT In light of yeatordav'a formal appeal to the Landocape Committee ruling to allow the convenience store of Thompoon Park, whet ohould Public Worko do about the laouonce of a building permit ohould the developer oak? y 4.41 i ni L w 9, © BUiLD A BETTER MOUSETRAP --1 AecteRjecl `Coil Reactor'. Amid all the talk about America's failure to match other nations in Innovation and crealivlty. one hears very little about those individuals who have indeed come up with new proceues and inventions only to .tee them suppressed. burled, ignored or otherwise bypassed. /n some costs the In- ventions are opposed by entrenched businesses that feel threatened by the new competition. In others the ignorance or comervatirm or cautiousness of businessmen and bureaucrats prevents the necessary funding and develop- ment. We present below the remarkable stories of two such In- ventiont, the maverick scientists who created them and the Industrial and governmental establishments that have rrsirted them. They are particularly important because both, at it happeat, have to do with energy —both In fact with the production of energy from coal —and in spite of the present temporary oil glut, the energy crisis is obviously bound to remain with us for decades. perhaps scores of decades, to came, . —The Editors R.LD !.- runic I q The inventive genius of average Americans helped to build the greatest industrial empire in the world and to transform twentieth-century life. The Wright brothers, working in their bicycle shop. produced a crazy flying machine called the aeroplane. Henry Ford with his Model T put America on wheels. Edi. son. working and sleeping in his Menlo Park laboratory. fathered the age of electricity. A cardinal faith of old-time Americanism. to use a bromide of an earlier age, held that If a man had the genius to build a better and cheaper mouse- trap, the world would beat a path to his door. Today, it is no longer true. The lone Inventor, whatever his level of genius. is no longer a hero. We have come to rely on industrial giants. with the right financial and political clout. to sponsor in- novative research. It is a reliance that Involves a basic con - Met of interest: what is good for the corporate bottom line may very well -not be goad for the nation. The maverick in- ventor who. for example, could solve our energy problems by producing a fuel that might cost half as much as petro- leum Is not likely to be welcomed by Big 011 and Its allies in the Department of Energy. No longer a hero, he is instead Fred A Cook wines frequently for The Nation on energy Issues. 9"he Fund for investigative Journalism sponsored nteareh for this article. an enemy to be fought, Ignored, frustrated —and, If possi. ble, discredited and bankrupted. The Reegan Administration now has before it a case of the lone Inventor versus entrenched Interests which Illus• trates this modern reality. The central figure is Dr. Louis Gold, a short; stocky, 63-year-old scientist in Washington. D.C.; who has taken out Ave patents for various compo- nents of a drvlce he calls "the coal reactor." It Is an Inven- tion, he claims, that could at one stroke solve the worst of our energy problems by burning coal —even high -sulphur coal —cleanly and with no emissions, no smokestacks, no costly scrubbers. Four products would be cheaply produced: methane gas for eleeiricai generation; hydrogen gas and car- bon dioxide for Industrial use; and slag for road -building and construction. Inventors with such seeming pipe dreams often crawl out of the woodwork In times like these, but there is much evidence that Gold is not one of this Irrational breed. He worked on the Manhattan Project. which developed the atom bomb In World War 11. and a framed certificate issued by the War Manpower Commission In 1943, now hanging on a wall of his modest Washington apartment, praises him for his scientific contributions. He received his doctorate in metallurgy from the Massachusetts institute of Technology in 1947, and he was part of the team that developed the Ant American hydrogen bomb. His scientific credentials would seem to be impeccable. . When OPEC began to undo the world's economy during the 1973 all crisis, Cold turned his attention to the potential useb of Awerlca'a huge rcactv68 or oai. so -=t that they contain more energy than all the petroleum this country has so far produced. but goal has problems. If it Is used in elec- tric generating plants, it emits noxious fumes into the at- mosphere. The use of low -sulphur coal avoids this diffi- culty, but even then costly smokestacks and scrubbers have to be Installed. And qurning coal into gas that can be shipped through a pipeline or liquefying it for use in motor vehicles calls for the expenditure of literally billions of dollars —and the development of technologies years away. Gold came up with a plan for a radically new reactor for the more efficient use and easier gasification of coal which avoids these problems. It is based on the principles of the blast furnace, but uses a low, squat. rectangular furnace with no stacks, no emissions —and no pollution. The secret of its pollution -free operation lies In what Gold calls "the chemistry of coupled reactions." By mixing coal with limestone in precise proportions, and then burning the combination at very high temperature with carefully con- trolled Injections of air, the limestone absorbs the sulphur in the coal before emissions can take place. If steady burning is maintained, the coal gives off gas of pipeline quality. Hydrogen and carbon dioxide (the latter much in demand for quick-freezing) can be siphoned off and stored. A slag residue can be drawn off in a pit at the bottom of the reactor and can be used for concrete -block manufacturing. roadbed building and other construction %ork. much as the West. 1 r t J 017 � J Apnf 24. 1 2 ., Lek.. � The �- �t irnt . � — _..... -- i titution furnace slag produced by the steel Industry has been used for years. Gold% coal reactor has never been built. It exists only in the patents Gold has obtained. but its principles have been supported by a number of reputable scientists. (One of them. Gr. Thomas Reed of the Solar Energy Research In- stitute in Golden, Colorado. says, "It's one of those things that seems good on paper. but you can't know how it will really work until you build it. At least. give It a try.") In an effort to get the Federal money he needs. Gold and his Biopolis Corporation of America hired the engineering firm of Henningson. Durham dt Richardson to draw up a detailed proposal for consideration by the Department of Energy. The engineering firm, based in Washington, D.C.. has done work for virtually every department of the Federal government, has planned some segments of Washington's subway system. and has worked on nuclear power plants and energy and material•recovery facilities In Nebraska. Minnesota and lows. Its professional expertise is unques- tioned. The twenty -page proposal it sent to the Energy Depart- ment in 1978 described Gold's coal reactor in detail. It said that a 23•megowatt pilot plant could be built on five acres of land that had access to power, to water and sewage facilities, and to railroad and highway networks. It put the total cost of land acquisition and construction (In 1978 figures) at S3.5 million. It estimated that the operating cost for two years (figuring on 300 days a year) would be 914.63 million. 1bout $18 million in all, a pittance compared with the bil• lions with which the department was prepared to underwrite ,-Or..,A ^A by hole rA/RA/AIP c0rebineL Gold's proposal to the D.O.B. was backed by the State of Maryland. which was interested because the coal reactor could also be used to produce methane gas from garbage (after it was sorted to remove metals and other solid rub- bish). The proposal also had the support of a panel of thir• . _ _ _ ,._.a hair time to study Gold's system; they came from such prestigious ns s as Johns Hopkins. Harvard, M.I.T., Northeastern and Stevens institute of Technology. One of Gold's strongest supporters on the panel was Dr. Ruth H. Aranow. a member of the chemistry depart- ment at Johns Hopkins. She points out that prototype$ of Cold's system were used in France and Germany in the early nineteenth century. "They produced a lot of clean gas," she says, "but they operated too fast and a lot of particles were left unburned," and a number of noxious gttsa were emitted. Except for these environmeWhadG wd h ss. the dune. che says, ld systems "worked very efficiently. 11 to refine the process by introducing his concept of "coupled chemical reactions." "In terms of simplicity and effi- cieney," she has said, "1 don't think this process can be beat." And yet, to date Gold has run Into a atone wait in Washington In his attempts to get the coal reactor built and tested. Asked why. Aranow notes that ••it could stem from personal hostility" —Gold. acquaintances say, has a some- times abrasive manner —but she also suggests that "perhaps D.O.E. Is deliberately trying to prevent anything that would be really successful." There can be no question about the hostility in the depart• ment. Bob Lopez of radio station WIYY in Baltimore tried in 1979 to uncover the reasons for the roadblock. He ques- tior+ed Neal P. Cochran, then the department's senior technical adviser, and he recalls now that he was shocked by. Cochran's eagerness to attack. Gold. Cochran said at tint that he had never seen Gold's proposal, yet the Henningson. notrhom A Richardson prospectus had been submitted to the department months before. Questioned eailtt a%out this, Cochran said with brusque contempt that there wasn't enough detail to call it a proposal. He would call It "a pre- proposal." he said, and he was going to recommend rejec• tion because it didn't contain sufficient information. On the tape Cochran's angry, arrogant voice resounds: "1 wouldn't g 3. ,a i i - 4 r j Y !� r� • April 24, 1982 Tltc• AN 487 all him a'doctor.' 1 all him 'Mr.' Gold. Here is just a man © BUILD A BETTER MOUSETRAP... —11 who Is advancing unsubstantiated claims." Lopez pointed out that Cochran could easily have found out that Gold had Lon-Loit. his doctorate. I When the Reagan Administration took office, Dr. Adrian D. Sabre of the Institute for Higher Learning Skills In Synhiels ProcessPhQadelphia led a second attempt to Interest the government In Cold's process. Sabre is quick to point out that he Is not a scientist, but he says he has discussed Cold's coal reactor AUXANDER R. PETERS with a number of top-level scientists, and these discussions "convince me that this is an Idea that merits development." He wrote Reagan shortly after the Inauguration, asking for "a full. complete and public investigation ... Into the deal- ings by file Department of Energy under the previous ad- ministration relating to Dr. Louis Gold and the Blopolls Corporation of America." Reagan funneled Sabre's letter to the Energy Department. In reply. Roger W.A. LeGassle. acting assistant secretary for fossil energy, wrote Sabre that because Gold had had many contacts with the department in the past. "It is dif- ficult to know where to start in any review of these activities." He suggested that Sabre furnish him with the complete files. Sabre —who knew that Gold had been told it would cost S14.000 to get his D.O.E. documents copied — replied that it was the duty of the Energy Department "to Inquire internally of, and to rectify, matters we both seem to . be aware of." He then wrote again to President Reagan, noting that the development of the Cold reactor did not seem to Interest the energy bureaucrats. Their correspondence, he wrote, "says w we (to go straight to the real meanina of Ill that they can not or will not do it, and 1 believe for this task to be done correctly it will need to be handled at the White House, by a special commission." He asked the President to name such a commission, pointing out that the reactor not only pro. duces "very substantial increases in usable heat energy per ton of coal" but can "handle radioactive and toxic wastes, now such a plague to industry." and might even provide "the handle by which to control many natural and man- made chemical operations which are of large scale." To date. he has received no reply. "1 can only conclude," he says, "that there are certain powerful Interests that do not want to see this thing developed. It is not a Department of Energy; it Is a Department of No Energy. Millions of dollars are being spent on projects that have no chance of success except to line the pockets of their sponsors. These are projects that, If completed, will be so expensive that they will not reduce prices. It seems that any new development that offers strong prospects of reducing prices will not be funded." In 1979 the Department of Energy spent $9 billion on contracts for private consultants; It seems strange that it Is not willing to risk a few inconsequential millions to find out whether Gold's coal reactor will really unlock the energy future. That is a small price to pay for o device that may be as Important to the notion today as were the Inventions of the Wright%. Ford and Edison In the past. ❑ n the 1980 M-G-M movie The Formula. the major all companies suppress a secret formula the Nazis used to manufacture a synthetic fuel 'that was cheaper than oil. Several critics dismissed this as silly anti• business paranoia. In fact, something very like this has ac- tually happened. The Nazis did have such a process. So did the Japanese and the British. It was developed in the 1920s by the United States Bureau of Mines, and the oil companies have known about it all those decades since. It is used widely today In Britain —the government itself controls a company using the process —and it is mandated for certain "clean -air zones." Yet in spite of the ongoing energy crisis. no oil company in this country has chosen to develop the process or put its products on the market. The process is low -temperature carbonization. known as L.T.C., and it is a relatively simple means of extracting various byproducts from coal, including oil, gas, smokeless fuel, ammonium sulphate (for fertilizer). cresols and phenols. With technology now known, the L.T.C. process :an mrnduce one barrel of oil from a single ton of coal. in addition to 3.3W cubic feet of fuel gas of a 4lual,14 :yuMl in natural gas and 1,300 pounds of a smokeless fuel that can produce electricity without also producing acid rain. It is also possible, according to L.T.C. experts, to get five barrels of oil from a single ton if you use a special synthesizing process to turn the smokeless fuel Into gas and then into liquid. There are two other methods of getting oil from coal. In. direct liquefaction (which turns the coal into gas as an In. termediary step) and hydrogenation (which turns it into a liquid and combines it with hydrogen). Both of these pro• esses are complex and expensive, and the latter has never been proved commercially (and is not likely to be unless there is a tremendous increase in oil prices). Both of them —and particularly hydrogenation —are favored by the big oil companies and their willing handmaiden, the Depart- ment of Energy. Of the department's S100 million allocation in fiscal 1982 for oil -from -coal --part of the famous syMiels boondog- gle -just over half will be spent on hydrogenation, to which will be added $130 million left over from pre%lous Alloca- tions. Blue-sky technologies will get S1SA million, Indirect Alavandor R. Peters, a former Notion Quern, is o frPolanct writer to Now York City with a special interest to nWXY aJ fairs. He wishes to acknowledge the assistance of Mortals Troll to the preparation of tits article. 1/ � rf 4$ Tht_Nu1I_0F April24, 1982' liquefaction will get $11.5 million. No money will be spent the department wants to launch a future: "There is a crying need for smokeless fuel, Aar- ticularly in cities. The economic loss due to the smoke on L.T.C. Ultimately multibillion -dollar program to try to make hydrogenation nuisance in thickly populated areas Is tremendous, there be - ins not only a waste of fuel but also harm from accumula- commercially competitive by the and of the century. tion of sooty material on buildings and personal effects. In The L.T.C. story begins in 1926, when a government en- named Lewis Karrick and his Bureau of Mines re- addition, the detriment to the physical health and the nerve force of society, due to living In an atmosphere contami. sineer search team told the bureau that they could distill oil from nated with smoke, is of no small significance. All these evils by burning the smokeless fuel, oil and coal in their L.T.C. plant in Colorado more cheaply than It would-be eliminated could be extracted from oil wells in that raglon. The bureau took no notice. Within months the government halted all gas. It was no surprise. then, that several oil companies were work at the plant and dismantled it. No explanation was The Interior Department never published Kar- attracted to the Karrick process. Standard Oil of New Jersey (now Exxon) tried to buy the patents in 1930. sweetening the ever given. rick's original research data, not did it allow him to write the customary official summary of the technology and deal by offering to make Karrick vice president, chief engineer and one-third owner of a new subsidiary company. economics of his process. Karrick patented the process, and enough information However, on the same day It made this offer, Standard Oil bought the patents for a hydrogenation process from I. G. leaked oq1 about it to draw the interest of Big Oil. in 1928 Dr. Gustav Egloff, director of research for the Universal Oil Forben for $35 million, and as soon as Kartick realized that Standard Oil was attempting to control the entire oil -from - Products Company, a research and development operation for four of the largest American oil firms, asserted that coal industry, he refused to sell. Fearful of retaliation, and on the advice of government L.T.C. would be the wave —indeed the panacea —of the I930ers, airick he was he to the Uesearsity directorfUtah, and from ere, Per- d bli kin his findings AMER' WORKERS & ARTISTS FOR n a6 r� SOLIDARITY WITH THE POLISH WORKERS - THE STRUGGLE CONTINUES featuring eanlel Singer, con Vldsl•, Kurt VonhetOput•, Jacobo Tlntarman•, Paul Robeson A"', Ed 8adlowskl•, Ralph Schesnman. (•lit cenan cities) Can contact number for details and tickets. All perlormances at 7:30 p.m. except LOS An9cles al 7:00 P.M. APN21 WASHINGTON. O.C. Church of SI Stephens Contact IYO2I5231371 includes Josh Williams. AFL-CIO Washington Metro Area. Dave Shook, Pasco. Aprilll TORONTO Ontario institute for Studies in Educotron. COmae1 Go416►535-1341(evil) Includes Wally Maleskt, Toronto Metro Labor tm0,l: Oave panerson. Orsurcl 6 USWA ApN24 at 312)22122 9Tr clludesAChile a Ooardmarium Contact lr,2juEW. Allan Schwarlt. folksilger. POP Nro0<<. Yel ApN26 QITROR St Andrews Man Contact 1313►e69.4149 Includes Darold Oanesu, Allied Printing Trades: Ed Halka, 0eum1 CISPE8 ION 21 O2Ntr1R YOninew pretbylerran Church Contact 1303)122 0200 (eve). Includes Gag eateson, 011. Chemical, AlomR Workers. Constar Santos. CISPES. Husn. former Red Guard. PRC. A9N21 10UL021 U. al Colorado. Comact 1303)122 9209 001 Includes Presentation and dtaeuts,0n led by oamn Singer. Apd29 SAN FRANCISCO Everett Middle School Auditorium. COn1ae1 1415n202 4516 lneludo5 Holly Near in performance. Peter Cervantes Santa Cure Labor Council. 000111 kuenn. united F3rmworkets. MIT 1 LOS AN02Lt6 Embassy Auditorium Contact (2131020 6052 includes Will Goof Sngers in o0ormanee. Jan 0rerdtntlach. SEIU- Chuck sheenan. Pasco: 0010tny Healey eanvel Contact Relpn lehostiman, PO Boa 1205. Princeton. NJ 06540 16091a664015 or 11121855 3016. Ll fecting and testing his process an pat s g After World War 11 he was hired by the state of Ohio to tat his process on its oil shales, and in 1947 he reported to the Ohio Society of Professional Engineers that 'there Is enough oil in the oil shales and coals of southeastern Ohio to supply the entire United States with oil for the next 2,000 years." In fact, he said, the state could give away the oil M.clf and still mo.#- w+iriney from the byproducts. By that time the experiences of Germany and Japan In us- ing L.T.C. for synthetic fuels was known to both the in- dustry and the U.S. government. In 1948 the Bureau of Mines put out a report entitled "Low Temperature Car- bonization of Coal in Japan" acknowledging the Impor- tance of the process during the war: "The production of liq- uid fuels from coal at a lower cost than that of the other processes was the principal stimulant to a large L.T.C. In- dustry in Japan. For the period 1940.1945. L.T.C. produced seven times as much liquid products as the combined )hy- drogenation and Indirect liquefaction) industry. During that same period ... liquid fuels obtained from L.T.C. amounted to 33 percent of that obtained from domestic pe- troleum. A second report from the Bureau of Mines in 1948, ,Some Observations on Coking Practice in Ger• many,, quoted Adolf Thou. one of Hitler's chief synthetic fuels officials: "Compared with the plants for hydrogen- tion, the apparatus of L.T.C. works is much simpler, and its construction does not call for special materials. Greater In- dependence in the selection of coals. as well as simple ap- paratus and mode of operation on the L.T.C. process, assures fa%-orable results. Thus all countries, so for as they are in possession of bituminous coal. are now able to pro- duce liquid fuels by low temperature carbonization." The Bureau of Slines was also informed of the value of L.T.C. in a 1932 speech to its cod research board by u •, DE►\'�ttion . . Dr. Eugene Ayres, director of research for Gulf Oil. Ayres's of his vision. The process he perfected Is now almost forgo, findings. surprisingly enough, were quite straightforward: ten, and the chances that it will ever be widely adopted - "Hydrogenation is too costly in terms of coal and evert though cheaper. simpler. safer and more efficient -- dollars, ... (Iq destroys half the thermal value of coal and seem slim indeed. It is not a pretty story —but it is not silty wastes a lot of water.... L.T.C. is the fuel of the future andbusiness paranoia, eltoer. C because of its simple techniques that yielded moderate amounts of oil and high amounts of smokeless fuel... . 101 'THE POLITICIAN' UP CLOSE The Karrick process is half as wasteful as (hydrogenationj. destroying only half the thermal value of the coal. L.T.C.'s • Warlord in yields of oil, gas, electric power and smokeless fuel approx. imate the ratio of national demands for these products." These are today In the files of the Department of TheWhite House reports Energy. They are ignored. When the department Is asked about oil -from -coal it waxes enthusiastic about hydrogena. RONNIE DUGGER tion and portrays L.T.C. as a problem -ridden process and a foolish investment. Perhaps. But it may not be accidental that the big oil com- panies have chosen to ignore the facts about L.T.C. and opt for the for more expensive processes. For one thing, the Karrick patents have expired and are now in the public domain. No one owns them. therefore no one can profit from them. David Masselli, a consultant to the synfuels industry. says candidly, "What people like to Push are projects whereby, it if works, not only does their first plant make money but everyone who wants to do it has to come to them to license their patents. I doubt that large American corporations would want to put a big R&D effort into something where they didn't control the basic patents." In addition, since the.hydrogenation process is so costly that only the largest corporations can finance the effort, the dominant all companies are able to keep out smaller com- petitors and control the synfuels industry. ("Remember." says Masselli, "by definition a cheap synfuels plant costs $a billion. Once you've completed a cheap synfuels plant you're in the top fifty of the Fortune 300, ") L.T.C., by con• trait, could be undertaken on a fairly modest scale --by a city skyscraper, for example, or an industrial park. Karrick originally envisioned farmers' co-ops and %mull towns using his processs to be energy self-sufficient; somehow this doesn't tit in with Exxon's plans. Finally. an expensive process, when it is heavily subsi. dized by the Federal government, enables the companies that control it to charge higher prices, No Individual com- pany could possibly raise enough capital to perfect and develop hydrogenation plants --that's why Standard Oil of New Jersey didn't act on its German patent for fifty years —but Big Oil has been able to get the government to establish the Synthetic Fuels Corporation, the funnel through which SOB billion in public funds is supposed to flow to the industry in the coming years, Even with that masghe subsidy, It is now thought that the eventual price of hydrogenated oil will be about twice as much as what OPEC: currently charges --not a happy pro.pcct for the Mizen who Is paying for it all but nothing to cause unhappiness in the corporate board rooms, 1.0is Karrick died in 10.0. never having seen the irut;i,•i At Hiroshima when the Jost atomic bomb exploded ... a new era was born —the Atomic Age. The power that ended the world's greatest war within 48 hours beCalne sun to use, either to Christianize the world or pulverise it. —Lyndon Johnson on the day in 1948 when he announced Joy the V.S. Senate yndon Johnsor was the Presidbnt, but he was personal. He took you on directly with his thrust. charm, wit, charge and parry. power and menace. He was a force of nature.- as Hopkins said of Churchill, "God, what a force that man has." Leading you through the White House as if he owned it. which for his time he did. he cuffed you with his rough Anger. He trccu- pled his rocking chair with an indifferent auth"rity. as if. should It squeak, he would maul it. There was threat. feroci- ty. real danger in him. "We killed Diem," he said during interviews in 1967 and IWIS. But. he told me, we didn't have anybody in Vietnam to take his place, and we'd be a lot better off with him than we are now. Listen, he said, "if Ronnie Dugger's my lawyer, and we've got to kill him, we want to be damn sure we've got another lawyer before we kill him., From the Oval Office he event Into the bathroom adja- cent, leaving the door open behind him, Around the corner from me loud expulsive sounds milted in with his continuous talking. One of his young men squatted down just outside the open door and made notes. Another was hovering around him gomevvhere inside the bathroom. Returning, he sat down in front of his telephone console io that he was facing, above the fireplace. the Shoumatoff portrait of one of his teachers, Franklin Roosevelt. Explain• ing, explaining, explaining the war he was conductind, he compared the Vietnamese people with his grandson, Patrick Lyndon. Extending his right forefinger stiffly in front of hits as though a toddler were holding onto it for balance. he notched the air hack toward hie belly aq if he were drawing I Ronnie lNiuver /s the editor and pahllsher of The Texas Obrcrwr. rha article a ercerpred /'roln his jortllconitng hwok, The 1' 01•1;Ian, The Life and Timer of Lye -Ion h111two'. lo-IL Willi the permon, 'I of R i J. M P� R a a , �- -..;..� r "•r Fj R` 5 .. S r l�3 _ i. ' (r 'I /r w t `/ I yam' , / '� .7 � `Q •+w II 4 1 m c r i I I t5 yj ----- ------ r J 000 41 'AA4� 440 z 7e.. P 7 wt i CiUtA o4,%, ar� - ;.04&-VA.jo /� ,:#_ po *, C..& o 7pwu%,� if ILAY- 6r. 02 - -- — - — A-- - — - 4 ;, 1 4 n` 0 - - - -- - -- . - ----* - - i u 44 6" kz ►Ara