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HomeMy WebLinkAbout1986-11-05 Council PacketCOUNCIL PACKETS • �i� NOVEMBER Kenai City Council Meeting Packet November 5, 1986 I • ..: �ft�NA� wrY opMlM�r.►�aww+wwno N.wiinb�r t; INt - ��. fi�ooANon.�b•IAs1. • AaaPMiq Ond'd Ram' �- FAl1=lnofl�K._alD - . 2. IIWon 4*10 • AoOM" OW d PAWN Rom a. rIMa " 116.1Q4 • Aw.naMq Old • RMIUAt ?ton�nrwlon tor.&Odom fla! . 4. fioiiM�llon AQ•1O6 • Awr�p eld, tiugi �aa.► • NC 11wohUi�llr • 400 000 a. figo6Nen eM•1O0 • tr�hr a i�nd. • iairw �+�la►. O. Appopown far utow Lim I • vm IMis . _ �wwl wlMhn, a«k 0 0 L AGENDA KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 5, 1986 - 700 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda M All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. J B. PERSONS PRESENT SCHEDULED TO BE HEARD jfLmin.) M, l.ock„Joo 1. Representative, Aspen Explorations - Offshore Prospecting Permits, Cook Inlet 2. Representative - Peat, Marwick, Mitchell - Financial Statement 3. Ron Rainey - Angle Dr. Paving 4. Representative, Ba�ara Dr. - Up -Grade of Road C. PUBLIC HEARINGS 1. Resolution 86-102 - Accepting Deed of Release from FAA - Baron Pk. S/D 2. Resolution 86-103 - Accepting Deed of Release from FAA - Gusty S/D 3. Resolution 86-104 - Awarding Bid - Rebuilt Transmission for Michigan 125-8 4. Resolution 86-105 - Awarding Bid, Utility Loader - NC Machinery - $80,000 5. Resolution 86-106 - Transfer of Funds - Boating Facility - $2,000 6. Application for Liquor License - Pizza Hut D. MINUTES 1. *Regular Meeting, Oct. 15, 1986 L I r 40 ' E. CORRESPONDENCE *Municipality of Anchorage - Feasibility Study - '! A Railbelt Generation and Transmission Organization 2. Municipality of Juneau, Mayor - Open Meeting Act 3. *Richard Woodin - Float Plane Basin 'j 4. Commission on Bicentennial of U.S. Constitution - - s Commemoration ' 5. National League of Cities - State & Local Legal =4 Center 6. DC&RA - Preliminary Population Determination 7. DC&RA - Regulations Changes S. City of Soldotna - Formation of Regional . Organization F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 :.. 3. Ordinance 1169-86 - Amending Kenai Municipal Code, - Acting City Attorney ? 4. *Ordinance 1171-86 - Amending Kenai Municipal Code •. - Off -Road Operations of Motor Vehicles 5. *Ordinance 1172-86 - Establish Two New Employee ' 6. Classifications Ordinance 1173-86 - Amending Kenai Municipal Code Change Pay Range of Librarian and Senior Citizen Coordinator l: 7. *Ordinance 1174-86 -Amending Kenai Municipal Code - Conforming with State Statutes Regarding ' Foreclosure of Assessment Liens 8.Ordinance 1175-86 - Increasing Rev/Appns - °; Juliussen, Basin View, Ames, Angler, Dolchok, '........ Barabara - $740,013. 77 9. *Ordinance 1176-86 -Increasing Rev/Appns - _ Federal Revenue Sharing Funds, Streets - $11,500 10. Discussion - Kenai Recycling Center and Transfer s Station - Sky Carver ?- il. Discussion - Kenai Aviation - Jet Fueling ' Facilities Insurance 12. Assignment -Peninsula Savings &Loan to 1st ;. Federal - CIIAP sJ -:---=---.,:' 13. Assignment - L. Edelman & R.L. Schmidt to Fisherman's Packing 'f 14. Discussion - P. Stiffler - Airport Parking 15. Discussion - Application for Permit - C. Garcia - "' Anchors for Buoys in Kenai River j: -: i j1l i I i� t C. '-r t 4! I f • _ a (1) 16. Discussion - Ryan Air Request for Old AAI Office and Ticket Counter at Airport Terminal 17. Discussion - Cemetery 18. Discussion - Aries Consultants - Air Passenger Services Study for Airport 19. Discussion - Awarding Contract - Commission/Committee Secretary H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT I M J COUNCIL MEET G OF c��v�v�vo� iiiiiiii COUNCIL MEETING OF //-S"—fl'�o i Jt �f -! `d e y< it _ pp. 1 ' i November 5, 1986 INFORMATION ITEMS 1 - KPB Minutes 2 - KPB Minutes 3 - KPB Waste Disposal Commission Meeting, 11-5-86 4 - KPB Agenda, 10-28-86 5 - Municipal League Agenda, Juneau, 11-9 to 11-15 6 - Municipal League Bulletin, Meeting Information 7 - Resource Devel. Council Newsletter, Oct. 1986 8 - AK Hazardous Waste Management Meeting, 10-27 & 28 9 - Comm/Comm Application - Dorothy Lee 10 - Billing - Wince, Corthell, Bryson - Airport Way - $5,970.25 11 - Billing - Wince, Corthell, Bryson - Lawton Dr. Water & Sewer - $1,149 12 - Billing - C. Gintoli, Architect - Flight Service Station - $5,754.50 13 - Delete 14 - Billing - Zubeck - Airport Way Widening - $78,024.62 15 - Billing - Zubeck - Lawton Dr. Water & Sewer - $17,619.64 16 - ABC - Approval of Liquor License Transfer - Oaken Keg #58 17 - ABC - Approval of New Liquor License - Windmill 18 - Billing - Wm. Nelson Engrg - Boating Facility - $107,756 19 - Billing - Zubeck - Airport Safety Zone,Apron,Taxiway- $237,504.35 20 - Billing - Woodard Const. - Flight Service Station - $171,724 21 - C. Ladd - Misc. items 22 - U.S. DOT - Air Service for All Communities 23 - Billing - Wm. Nelson Engrg. - Boating Facility 24 - Beautification Committee Minutes - 10-28-86 25 - Application - Comm/Comm - Fiocla Wilson 26 - Transfer of Funds Under $1,000 - Nov. 1986 27 - AK Dept. of Natural Resources - Pickle Hill Broadcasting - Constr. of Radio Tower 28 - Capital Budget Questionnaire Summary, Priority List 29 - State Municipal Grants 30 - Road Plan for Old Town 31 - Public Works Director Kornelis - Flooding on Cook Inlet View Dr., HEA Poles on Bluff jw Lim L { � }"��`F _{ Z .+o� �` ���' .,}'k js�rtF 1 -F jr sr Ye'yr 'C •r . 1 , yy4 . 4 _ r 'ti � z- 1S.j't• -#R " � l 1 s�.'n : r� ; � i h T \ - J h ' -_ f- _ ?_ k �t>;.4k ''fir . r ,., c+ ; •. r'�. i{F S =STRATEGIC- - - - )r N EXECUTIVE SUMMARY 33 r?'C# A^f f • Central Peninsula, ' General Hospital QP�A�T�018Y LUTHEF3AN HOSPITALS ANO HOMES SOCIETY Central Peninsula General Hospital, a forty-six bed acute care hospital, is the largest of three hospitals located on the Kenai Peninsula. The Hospital is a Service Area hospital and is owned by the Kenai Peninsula Borough. It is currently being operated under a management agreement with Lutheran Hospitals and Homes Society of America, a not -for -profit corporation with headquarters in Fargo, North Dakota. The Central Peninsula General Hospital Service Area Board established a twelve member Long Range Planning Committee. Its functions were to identify the health care needs in the Service Area and to make recommendations to most these perceived needs during the latter 1980s and early 19909. The ownership/management arrangements of the Hospital and the issue of competition among health care providers were also evaluated. Data was collected from a variety of sources. A community survey was conducted, public meetings were held, Central Peninsula General Hospital employees were surveyed, the medical staff was interviewed, and interviews were conducted with each member of the Service Area Board. OWNERSHIP The Long Range Planning Committee reviewed Central Peninsula General Hospital's current ownership/management arrangement. The Kenai Peninsula Borough owns the Hospital and is responsible for its financing. The Borough designates a portion of its mill levy for Hospital construction, payment of long term debt, new equipment, and working capital. Operating expenses are paid by user fees. The current contract with Lutheran Hospitals and Homes Society extends from July 1, 1982 to June 30, 1992. It is responsible for operating and managing the Hospital and is paid a yearly management fee. It is the Borough which sustains any profits or loss made by the Hospital. Feedback obtained from each sector studied (community residents, Hospital employees, local physicians) overwhelmingly supported the current method of financing Hospital operations. A large majority preferred the Borough maintain ownership, with twenty-one percent preferring the Hospital be sold to private enterprise. L V. _ n �.ti • (1 1t� 1t:S. CONPETITION The Long Range Planning Committee addressed the issue of competition between health care providers in the Central Peninsula General Hospital Service Area and in South Central Alaska. Competition is evolving as an issue as providers seek new ways to increase their portion of the health care dollar. Factors promoting the competitive climate nationally, as well as, in the local Service Area include consumerism on the part of the patients, expansion of the services provided by physicians, and changes in reimbursement policies by Federal and State agencies and private insurance companies. In the past several years, other providers began offering services previously available only at Central Peninsula General Hospital. This is seen as an ongoing trend. Conversely, Central Peninsula General Hospital is now in a position to supply services available from existing businesses in the community. Competition is an upcoming, critical issue. The viability of the Hospital, both financially and as a provider of medical services, along with its relationship with the physicians and other providers will be effected by the policies set by the Service Area Board on this issue. GOALS Central Peninsula General Hospital is the community's hospital and commits to providing high quality, effective health care based on community needs. The desire is to develop Central Peninsula General Hospital as a health center for the community: a resource for all health care needs, including health promotion and education, diagnosis and treatment, rehabilitation and follow-up, and long term care. The goals established emphasize the broadening role of the Central Peninsula General Hospital Service Area while achieving balanced growth, meeting the needs of the community, and solidifying community support. The Central Peninsula General Hospital Service Area goals are: 2 L F •_; I. Central Peninsula General Hospital Service Area will continue to develop a full service hospital, providing general and specialty services to the community in an effort to .reduce _ ! the number of people who leave the area to obtain health care - - services. OBJECTIVES: A. Increase public awareness of Central Peninsula General _:;. '_= Hospital and the capabilities of the medical staff { through a planned marketing program based on the results of the Community Health Survey. - B. Create informative programs designed to educate the « z� C public in areas identified by the results of the 1 Community Health Survey. C. Investigate imaging advances through a feasibility study. ::..:...= D. Develop an internal wellness program. If it is cost �._ effective to do so, consider marketing the program to j local employers. E. Investigate ill child day care. Develop a feasibility study and institute the program if it is viable. II. Central Peninsula General Hospital shall continue to become more self sufficient by maintaining financial viability. OBJECTIVES: A. Maintain a proactive stance on market and regulatory trends, shifts, and changes. B. Inform the public as to the services provided by Central Peninsula General Hospital, encourage the use of the `= services available by residents of the Service Area, and '- �,. increase community goodwill towards the Hospital by providing an additional emphasis on marketing and public relations. M....'• ::__.:":._._> _:: _ C. Continue the current relationship with Lutheran Hospitals and Homes Society. Investigate ownership options in 1991 or earlier as necessary to maintain financial stability. D. Develop diversified revenue sources such as employee lease program, physician billing services and physician joint ventures. . r ,. =.. •ri' (. -'k . 1 L f� "• f, t 3 r an L, J L i tain and increase the quality levels in medical staff, IiI. Man q Y professional staff, and Hospital employees through an active j educational and quality review process. OBJECTIVES: i A. Develop and formalize the medical library consistent with the specialties provided at Central Peninsula General Hospital. B. Continue to provide a proper working environment to stimulate increased productivity and quality. To obtain a copy of the Long Range Plan, submit your request ..-A to: Central Peninsula General Hospital 250 Hospital Place Soldotna, Alaska 99669 4 -- -- '- - Lei--- - ---- -�,� -. td l .. 1 November 4, 1986 To: Mayor Williams and the Kenai City Council To be read at the meeting November 5, 1986 JO — / We regret once again that we are not able to be in attendance at this meeting of the Kenai City Council. However, since there is so much confusion as to exactly when the subject of Barabara Drive is going to be addressed, it would be difficult to be at the right place at the right time anyway. We were told at the August 6, 1986, meeting, and it should be a matter of record, that property owners would be notified by mail when the subject would be discussed. First, is the council interested in what most of the owners in a given area want for their neighborhood? We would like a final ruling on just what constitutes a majority in the City of Kenai. Do you count noses or influence, or is it who pitches the biggest fit? It has been our belief that the American way is one man one vote. But perhaps the Kenai way is most influence (for whatever reason) most votes. Secondly, what 'improvement' is a gravel road? If we are going to talk change, let's talk paving. How much more than a hundred thousand could it cost to pave the quarter mile dead-end drive? The whole point is, does the City of Kenai need to spend $100,000 more or less to NOT improve a street most of the residents want left alone anyway? The Giffords and the Hotta stand to loose a great deal if Barabara Drive is widened to the fullest width and length. We have small lots to begin with and both homes sit at the legal lot line and are near the river's bluff to the rear. And because of our substandard lots, our wells and septic systems are spaced just within legal limits and could not logically be relmcated. On the matter of taxpayers getting something for their money, it is our under- standing (and personal experience) that taxes have been paid on all land on Barabara Drive and not just that on the Beaver Loop end (much of which will now been taken off the tax rolls). �.. We respect your responsibility to do what is right for the city you represent, ., but are you being pressured by a vocal minority? We would like to request that Barabara Drive be removed from the Capital Improvement list. But, please, if you feel you must do something for us, — consider stopping the improvements, but not maintenance, on the north side of the Hett property or let s form an assessment district and put in water, sewer and pavement. At least then the improvements will last more than a few days t before they need to be graded again. 11 ,a - e i i `.\ 29 30 31 2 -' 32 1 �. WArea T, SAstzs 1 CV$ W.amAV, P- V 3 .illir 33 q - 34 _A \ b 4 VAI.J LA b r 1 3b '— 3 � �\ 1 1 \ •:r. \ \\F ? • Q C�1 N mo- seavM 11 for ar PAfssNa TMAovoM AM#p#pA CA N NOT Atom $mat& 3EA Vt CC tofjf(s) poWN Moto O*o 'SsAvf tor(s) M A� N 4/ N Fs !�N`INltR1 Fo FtIT n R F QX�AIYSH� r %1Au6 To MAge UI JS M A � wt Dt'S /i �r A��lONE s Y a oEc. � wry �Z\ +\ \ oe. je: K T,\ L 7 Suggested bys Administration CITY OF KENAI RESOLUTION NO, 86-102 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A DEED OF RELEASE FROM THE FEDERAL AVIATION ' ADMINISTRATION FOR A PARCEL OF LAND KNOWN AS LOT 28, BARON PARK SUBDIVISION NO. 2. - - WHEREAS, the City of Kenai has requested the Administrator of the Federal Aviation Administration to release an area hereinafter described, from all conditions, reservations and restrictions 1963 '.;�.. contained in that certain Quitclaim Deed dated December 19 i to permit the sale or long-term lease for non -airport purposes of _-.-. said land, and it- F WHEREAS, in accordance with Kenai Municipal Code 7.30.030, the City has obligated itself to devote the proceeds from the sale or long-term lease of the property exclusively for the development, improvement, operation, or maintenance of the Kenai Municipal Airport, and E . •�ii - ' t t i N WHEREAS, the Administrator of the Federal Aviation Administration has determined that said land no longer serves the purpose for which it was transferred, and WHEREAS, the Administrator of the Federal Aviation Administration has consented td the sale or lease of this property in accordance with the procedures established by City of Kenai Ordinance 612-80 as amended and No. 711-81 as amended. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: The City Manager is hereby authorized to sign the Deed of Release accepting from the Federal Aviation Administration that property known as Lot 28, Baron Park Subdivision No. 2. Section 2: The City of Kenai will devote the proceeds from the sae or long-term lease of said land for the development, improvement, operation, or maintenance of the Kenai Municipal Airport in accordance with the Kenai Municipal Code 7.030.30. 1 I i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day 4 of November, 1986. John J. Williams# Neyor ATTEST: -Janet W e an$ City Clark Approved by Finance ev L 40 �F As; 4 i l ' DEED OP RELEASE I � This Instrument, a Deed of Release, made by the United States of America, acting by and through the Manager, Airports Division, i Alaskan Region. Pederal Aviation Administrations pursuant to the { authority contained in Public Law 81-311 (63 Stat. 700), as amended, to the City of Kenai, a body politic under the laws of the State of f Alaska, Witnessetht + WHEREAS, the United States of America, pursuant to the provisions of " the Pederal Property and Administration Act of 1949 (83 Stat. 377) and the Surplus Property Act of 1944 (88 Stat. 765), as amended, by instrument entitled, "Quitclaim Deed," dated December 1, 2963, did , remise, release, and forever quitclaim to the City of Kenai, its successors, and assigns, all rights, title and interests of the United States in and to certain real property located near Kenai, Alaska, under and subject to the reservations• exceptions, restrictions, and conditions contained in the Deed, and WHEREAS, the City of Kenai requested the Administrator of the Pederal Aviation Administration to release an area of land hereinafter described from all conditions, reservations, and restrictions contained in said "Quitclaim Deed" to permit the long-term lease or sale for --. nonairport purposes of said property exclusively for development• improvement, operation, and/or maintenance of the Kenai Municipal Airport, and WHEREASP the City of Kenai, by City Ordinances No. 612-80, as amended, and No. 721-81, as amended, have established an acceptable procedure for disposing of said propertyl WHEREASP the City of Kenai, by executing this Deed of Release agrees to include in any deed, lease, or other conveyance of a property interest to others, the following reservations and or/restrictions: (1) There is hereby reserved to the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed or leased. This public right of flight shall include the right to L cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation on the Kenai Municipal Airport, and (2) Prohibiting the erection of structures or growth of natural objects that would constitute an obstruction to air navigation, and (3) Prohibiting any activity on the land that would interface with or be a hazard to the flight of aircraft over the land or to and from the airport or interfere with air navigation and communication facilities serving the airport, and (4) Incorporating the Sponsors' Title VI Civil Rights Assurance obligations into all leases and other conveyances except fee title deeds. Pee title deeds transfer ownership of the property and it no longer serves an airport purpose. Accordingly, the Sponsors' Civil Rights Assurance obligations are not required to be transferred to the new owner. NOV1, THEREFORE, in consideration of the benefits to accrue to the United States and to the civil aviation, the united States of America, acting by and through the Administrator of the Federal Aviation Administration and pursuant to the authority contained in Public Law 81-311 (63 Stat. 700) and applicable rules, regulations, and orderas hereby consents to the sale or lease of the hereinafter described property by the City of Kenai in accordance with the procedures established by City ordinance No. 612-00 as amended, and No. 711-81, as amended. All that portion of the Kenai Airport lands known as Lot 28 Baron Park Subdivision No. 2. This tract contains 1.31 acres more or less, and is depicted on the attached plat recorded January 20, 1986 lflG_Ll), attached to and made a part hereof. IN WITNESS WHEREOF, the United States of America has "caused this instrument to be executed as of the � day of 1966. UNITED STATES OF AMERICA The Administrator of'pm�,,Fedecal Aviat,�on Administration 4.ae Acting Manager, Airports Division, Alaskan Region Accepted this day of 1986, by the City ttanager of the City of Kenai, Alaska. By$ Titles X L .F . 1 �t +166 o 11 T PROPERrr Lmrs ' 44 e_:.. % .y OM U.S. GOVERNMENT 1963 I FROM VARIOUS OWNERS 1968 ( LOTS 123,173 d 174 O.K 1 .. ' ! • S. STATE DIV. OF LANDS (AOL 24414) 1964 1 . T FOR AIRPORT OPERATIONS. S (AOL 24414) 1964 lose e , • a .. E DIV. OF LANDS. 1973 1 c 1 2 SE TITLE, STATE DIV. OF LANDS 4 U =EE 1 38S 1 �Z \ 1 i - 4 TITLE SEARCH VERIFICATION OF )N. l Al LEASING SUMMARY, AND CITY OF ON SHEET I • T . 'o I ++ Y t ♦ J TOAST A BARON PARK /• / I • - r: rARArmem ROAD �• �� 1 RtOC >t tcRRA d.fififf =r 1 �.i Suggested by: Administration -} CITY OF KENAI F RESOLUTION NO. 86-103 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, t ACCEPTING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION FOR A PARCEL OF LAND KNOWN AS GUSTY SUBDIVISION j ' ADDITION NO. 2 (TRACT G-4). - WHEREAS, the City of Kenai has requested the Administrator of the Federal Aviation Administration to release an area hereinafter j described, from all conditions, reservations and restrictions contained in that certain Quitclaim Deed dated December 10 1963 to permit the sale or long-term lease for non -airport purposes of said land, and WHEREAS, in accordance with Kenai Municipal Code 7.30.030, the -� City has obligated itself to devote the proceeds from the sale or - t long-term lease of the property exclusively for the development, improvement, operation, or maintenance of the Kenai Municipal Airport, and - - WHEREAS, the Administrator of the Federal Aviation Administration �Y has determined that said land no longer serves the purpose for which it was transferred, and WHEREAS, the Administrator of the Federal Aviation Administration } has consented to the sale or lease of this property in accordance with the procedures established by City of Kenai Ordinance 612-80 as amended and No. 711-81 as amended. - - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: ;., . -.-- - - Section 1: The City Manager is hereby authorized to sign I the D—eed of Release accepting from the Federal Aviation Y= Administration that property known as Gusty Subdivision Addition No. 2 (Tract G-4). _ Section 2s The City of Kenai will devote the proceeds from �: - the sae orlong-term lease of said lend for the development, --------------------.--- � improvement, operation, or maintenance of the Kenai Municipal Airport in accordance with the Kenai Municipal Code 7.030.30. L ,.J �i i !t y PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day 4� of November, 1966. 1 t s John J. Williams, Mayor ATTEST: Janet Whelan, City Clerk Approved by Finance P9 t! 1 F - t L +rl } DEED UP RELEASE This Instrument, a Deed of Release, made by the United States of America, acting by and through the Manager, Airports Division, Alaskan Region, Federal Aviation Administration, pursuant to the authority contained in Public Law 81-311 (63 Stat. 700), as amended, to the City of Kenai, a body politic under the laws of the State of Alaska, Witnesseths WHEREAS, the United States of America, pursuant to the provisions of the Federal Property and Administration Act of 1949 (83 Stat. 377) and the Surplus Property Act of 1944 (58 Stat. 765), as amended, by Instrument entitled, "Quitclaim Deed," dated December 1, 1963, did remise, release, and forever quitclaim to the City of Kenai, its successors, and assigns, all rights, title and interests of the United States in and to certain real property located near Kenai, Alaska, under and subject to the reservations, exceptions, restrictions, and conditions contained in the Deed, and WHEREAS, the City of Kenai requested the Administrator of the Pederal Aviation Administration to release an area of land hereinafter described from all conditions, reservations, and restrictions contained in said "Quitclaim Deed" to permit the long-term lease for nonaviation purposes of said property exclusively for development, improvement, operation, and/or maintenance of the Kenai Municipal Airport, and WHEREAS, the Administrator of the Federal Aviation Administration, pursuant to the authority contained in Public Law 61-311 (63 Stat. 700). in consideration of the benefits to accrue to the United States and to civil aviation, dLA release for lease, by Deed of Release dated December 29, 1983, hereinafter described real property from the conditions, reservations, and restrictions of said "Quitclaim Deed" dated December 1, 1963, between the United States and the City of Kenai, and s .j WHEREAS, the City of Kenai, by City Ordinances No. 612-80, as amended• and No. 711-81, as amended, have established an acceptable procedure for disposing of said propertyi WHEREAS, the City of Kenai, by executing this Deed of Release agrees to include in any deed, lease, or other conveyance of a property Interest to others, the following reservations and/or restrictionst (1) There is hereby reserved to the City of Kenai, its successors and aosigno, for the use and bonofit of the public, a right of flight for the passage of aircraft in the airspace above the sucface of the premises herein conveyed or leased. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of any aircraft used for navigation or flight through the said airspace at landing at, taking off from or operation on the Kenai Municipal Airport, and (2) Prohibiting the erection of atcuctures or growth of natural objects that would constitute an obstruction to air navigation, and (3) Prohibiting any activity on the land that would interfere with or be a hazard to the flight Ot aircraft over the land r'. or to and from the airport or interfere with air navigation`— and communication facilities serving the airport, and (4) Incorporating the Sponsors' Title VI Civil Rights Assurance obligations into all leases and other conveyances except fee title deeds. Fee title deeds transfer ownership of the property and it no longer serves an airport purpose. Accordingly, the Sponsors' Civil Rights Assurance obligations are not required to be transferred to the new owner. NOW, THEREFORE, in consideration of the benefits to accrue to the United States and to the civil aviation, the United States of America, acting by and through the Administrator of the Federal Aviation Administration and pursuant to the authority contained in Public Law el-311 (63 Stat. 700) and applicable rules, regulations, and orders, hereby consents to the sale or lease of the hereinafter described property by the City of Kenai in accordance with the procedures established by City Ordinance No. 612-80 as amended, and tto. 711-81, as amended. . Legal Description All that portion of the Kenai Airport lands known as Gusty Subdivisions' Addition No. 2 (Tract G-4), located within the N.W. 1/4 of Section 5 and the N.E. 1/4 of Section 6, T 5 N, R it W, S. It. Alaska. Thib tcact contains 3.56 acres more or less, and is depicted on the attached plat recorded November 17, 1963 (83-256), attached to and made a part hereof. L 7 F� r �I i All other conditions of the Deed of Release dated December 29, 1983, shall remain in effect and unchanged. IN WITNESS WHEREOF, the United States of America has caused this Instrument to be executed as of the L S day of B 066&4 ►- 1986. UNITED STATES OF AMERICA The Administrator =ofFederal A J tio, Administration Hy Acting Manager, Airports D+••'"'^" elanlian tteoion Accepted this day of of the City of Kenai, Alaska. Sys Title:_._ �• t�_- "--. 1. TRACT V W-I TRACT III TRACT IV 'TRACI 11127, 48 Ave. L c-3 Suggested by: Administration RESOLUTION NO. 86-104 C. A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A BID FOR A REBUILT TRANSMISSION - MICHIGAN 125-8 TO FOR THE TOTAL AMOUNT OF $ WHEREAS, the following bids were received for the above mentioned Rebuilt Transmission - Michigan 125-8 on November 59 1986: CORE CREDIT BIDDER BID PRICE ESTIMATE WHEREAS, 's bid of $ is the lowest responerble bid wh1cfi meets the bid specifications, and WHEREAS, the recommendation from the Public Works Department is to award the bid to for the total amount of WHEREAS, sufficient funds are appropriated. �- WHEREAS, the Council of the City of Kenai has determined that awarding this bid to for the total amount of $ is in Me Seat interestof the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Rebuilt Transmission - Michigan-125-8 be awarded to for the total amount of PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of November, 1986. ATTEST: 1—anet Whelang City Clerk Approved by Finance: Written by Public Works: I S, L j F L-5 Suggested by: Administration RESOLUTION NO. 86-104 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A BID FOR A REBUILT TRANSMISSION - MICHIGAN 125-B TO HAYES EQUIPMENT PARTS AND SERVICE FOR THE TOTAL AMOUNT OF $110300. WHEREAS, the following bids were received for the above mentioned Rebuilt Transmission - Michigan 125-8 on November 5, 1986: CORE CREDIT BIDDER BID PRICE ESTIMATE Fraley Equipment $109082.00 $1,500.00 Less freight to Seattle Hayes Equipment Parts and Service 11,300.00 4,000.00 Construction Machinery, Inc. 12,894.92 1,500.00 WHEREAS, Hayes Equipment Parts and Service's bid of $11,300 is the lowest responsible bid which meets the bid specifications; and WHEREAS, the core credit estimate is being considered in the award of this bid; and WHEREAS, the recommendation from the Public Works Department is to award the bid to Hayes Equipment Parts and Service for the total amount of $11,300; and. WHEREAS, sufficient funds are appropriated. WHEREAS, the Council of the City of Kenai has determined that awarding this bid to Hayes Equipment Parts and Service for the total amount of $11,300 is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for a Rebuilt Transmission - Michigan 125-8 be awarded to Hayes Equipment Parts and Service for the total amount of $11,300. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of November, 1986. ATTEST: Janet Whelang C y Clerk Approved by Finance: L°q Written by Public Works: ffZ JOHN J. WILLIAMS;-MAYOR L I f Lr Suggested by: Administration RESOLUTION NO. 86-105 i A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A BID FOR A UTILITY LOADER WITH BUCKET TO NC MACHINERY COMPANY FOR THE TOTAL AMOUNT OF $809000.00. ('11.z,T .ae) WHEREAS, the following bids were `received for the above mentioned Utility Loader with attachments and extras on October 99 19861 BIDDER MODEL/MAKE NC Machinery Company Caterpillar IT28 Wheel Loader BASIC RID: $90,459.00 EXTRAS: Local Government Radio $ 1000.00 Material Handling Arm $ 1,158.00 Rotary Broom $ 6,756.00 Asphalt Cutter $ 19700.00 WHEREAS, since the City received only one bid, apparently this company is a sole source, and WHEREAS, the basic bid included the loader, a 2.25 cubic yard" bucket, an angle blade, and a pallet forks attachment, and WHEREAS, the budget for this loader with attachments (from Federal Revenue sources) is for only $80,000.00, and WHEREAS, Public Works has negotiated with NC Machinery and reached an agreement, subject to Council approval of this resolution, to purchase the Caterpillar IT28 wheel loader with the bucket and cutting edges for $80,000.00, and WHEREAS, Public Works is recommending the purchase of the angle dozer for $5,400.00 and the pallet forks for $2,763.00 using future Federal Revenue Sharing funds, and WHEREAS, the recommendation from the Public Works Department is to award the bid to NC Machinery for the Utility Loader with bucket for $80,000 at this time, and WHEREAS, sufficient funds ere available. WHEREAS, the Council of the City of Kenai has determined that awarding this bid to NC Machinery Company for the total amount of $80,000.00 for the Utility Loader with bucket is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKAO that the bid for a Utility Loader with Bucket be awarded to NC Machinery Company for the total amount of $800000.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI9 ALASKA, this 5th day of November, 1986. -JOHN-J. WIELIAMS, MXVOR ATTEST: Janet Whelan, City Cle7k Approved by Finance: Lo 4 Written by Public Works: C' A 7 i i 6450 Arctic Boulevard (99518.1532) P.O. Box 190148, Anchorage, Alaska 99519-0148 (9071581.1788 N C MACHINERY CO. o�S`"4vi October 29, 1986 City of Kenai 210 Fidalgo Kenai, Alaska 99611 Attn: Mr. Keith Konilus Gentlemen: Please accept this letter as a modification or at least a direction to achieve a new Caterpillar IT28 wheel loader. If the City would allow us to offer the IT28 wheel loader with bucket and cutting edge, less teeth as per our quo- tation #86-078-190 (copy enclosed), for $80,000, FOB Kenai, Alaska. We then would offer the attachment on a separate request at the bid price. Balderson Hydraulic Angle Dozer @ $5400.00 and Weldco 48" Pallet Forks @$2763.00. Thank you very much for your time. Afachi'nery Co. Dick Rusk Sales Dept. Co► ml/ M AIGUMew P.O. Son 9662, Seattle, Waahlnplon 95124 B/alteMa: Seattle, Mount Vernon, chehalle, Yaklms, WanalChea and Omsk. Wealnllpton • Anahetapa, Foldwlka, Juneau and MUMM A Alaska 7 L J .. is . I. { 1 4 .s �4 k QUOTATION DATE: July 23, 1986 T ',,��.',.� N C MACHINERY CO66-076-190 QUOTATION NO.: P. 0. BOX 6148 ANCHORAGE, AK 99502 1 2 SHEET NO.: OF To: CITY OF KENAI TERMS: 210 Fidalgo Kenai, Alaska 99611 F.O. f3.: Attn: Dave IMPORTANT: When ordering. please refer to above QUOTATION NUMBER. Deviation from specifications quoted may affect price. QUAN. GROUP NO. DESCRIPTION APPROX. WT.POUNDS PRICE 1 9V1792 NEW CATERPILLAR INTEGRATED TOOLCARRIER 28 (IT28). Includes diesel engine with 24-volt direct electric starting, 50 ampere alternator, blower fan, fuel priming pump, fuel gauge, muffler, power shift transmission, torque converter hydraulic steering, fenders, lighting system, back-up alarm, unitized sound suppressed ROPS cab, inside rearview mirrors, hydraulic quick coupler including front lines, ., third valve and control lever, adjustable seat with seat belt, 15.5 x 25, 12PR tubeless traction -type (L-2) tires and EMS operator warning system and diagnotic connector. EQUIPPED WITH THE FOLLOWING INSTALLED: (71 7VO094 Air Dryert 9V5325 Counterweight 3V6301 Guard, Crankcase 3V6321 Guard, Power Train 8V1162 Lighting System, ROPS Cab Mounted 2V2387 eat, Suspension 8V7193 Batteries, Heavy Duty 4V1860 Tires,117.5x25, 12PR (L-2) ' 6N9739 Heater, Engine Coolant 9V1977 Vandalism Protection Group 8V1169 Mirrors, Rearview, 8V1156 Hydraulic Control Lock, Three 9V8924 Lines Group, Front 8V2507 Heater, Cab 8V1161 I Wiper/Washer, Rear Window 9V8926 Transmission Neutralizer Lockout ONE UNIT F.O.B. ANCHORAGE, ALASKA 4f&� cly--L 21,352# $77,600.00 A44,t"'4 FOR ATTACHMENTS SEE PAGE 2 A PLEASE ADD TO THE ABOVE PRICE ' A Doi I-V. 'S 1 1. The above Quoted Prices ate subject to change without notice. and the price In effect at the time of delivery will apply. L The above Quoted Prices do not include state and local taxes. if ap• plicable. 3. All orders to purchase or lease based an this Quotation shall be subject to acceptance by N C Machinery Co. and all sates or leases shall be made on and subject to N C Machinery Co.'s Standard Terms. Conditions and Warranties on N C Machinery Co.'s commercial forms. L N C MACHINERY CO. C) By--__ USl�_kuSk Sales Agent L • � 3t . _.ys .�.. ...^ 773 14 { a 4 i. . ..x LIP l• 1 Suggested bys Administration CITY OF KENAI RESOLUTION NO. 86-106 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE DOCK (BOATING FACILITY) CAPITAL PROJECT: From: Construction $2,000 To: Administration $2,000 This transfer provides money for advertising, printing and binding of specifications for the Boating Facility. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this fifth day of November, 1986. ATTESTS Janet Whelan, City Clerk Approved by Finances e!QQ 10/31/86 JOHN J. WIL IA S, MAYOR • d r r- DEPARTMENT OF REVENUE 550 V. 7th Avenue Anchorage, Alaska 99501 ALC"LIC SEVER40E CONrML 80ARD October 10, 1986 Janet Whelan, Clerk City of Kenai 210 Fidalgo .-j) Kenai, AK 99611 Dear Ms. Whelan; We are in receipt of the following application(s) for a new liquor license(s) within the City of Kenai You are being notified as required by AS 04.11.520. . . . . . . . . . . ... RESTAURANT EATING PLACE LICENSE Pizza Nut #9; Kurani, Inc., P-Kurban Kurani, VP -Vincent Voss; S/T-Carolyn L. Kurani, 10160 Kenai Spur Hwy.; MAIL: P.O. Box 9-2413, Anchorage, AK 99509-2413. Legal: Baron Park Sub., Lot 3 K 84-261. If X 7 i kif i, y 4 ,t A local governing body as defined under AS O4.21.080(10) may protest the approval of the application($) pursuant to AS O4.11.480 by furnishing the board _and the applicant with a clear and concise written statement of reasons in support of a protest of the application within 30 days of receipt of this notice. If a protest i$ tiled, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.SIO(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, TUB MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) municipalities must inform the board of zoning regulations or ordinances which prohibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation IS AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to protest an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the regulation or ordinance if you have not previously done so. PROTEST UNDER AS $4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS 04.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please beer that in mind in responding to this notice. Under AS O4.11.310, if applicable, a notice is also being provided to the appropriate community council within your municipality. S cerely, etty . Caihoon Reco s 6 Licensing Supervisor (907) 277-8638 r) IN L J 1 7 t' Bill MEFFIELD, GOVERNOR 102.111ARITMEN'T OF REVENUE 550 W. 7tb Avenue ALCOHOLIC BEVERAGECOMM BOARD Anchorage, Alaska 99501 - - Janet Whelan, Clerk i' City of Kenai { 210 Fidalgo Kenai, AK 99611 October 10, �cn U ` We are in receipt of the following application(s) for restaurant designation permit(s) within the Complete the 6 enclosed application(s) and return to our office. Enclosed is a restaurant designation which allows access of persons under the age of 19 to enter a licensed premises for purposes of non-alcoholic related t _ employment or dining. Pursuant to AS O4.16.049, the Alcoholic Beverage Control Board, "with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurants, or eating places only for purposes of this subsection.' Sincerely, - - - Betty L�' Calhoon Records and Licensing Supervisor (907) 277-8638 �# ALCOHOLIC BEVERAGE CONIROL BOARD r RESTAURANT DESIGNATION PERMIT APPLICATION -AS O4.16.049 The granting of this permit allows access of persons under the age of 21 to designated license; premises for purposes of dining or employment. If for employment, please state, in detail, ; !( �. 04.445(a)). how the minor will be employed, duties. etc. (15 AAC 1 n The application is for designation of premises where persons 16 years and older may dine 4 t k: unaccompanied. I t: ? persons under 16 yrs. may dine accompa� ied by a person 21. years and older. persons between 16 and 19 years of age may be employed. kpplicant(s) KURANI, MMP.PORAM name :1' /B/A Pizza Hut No. 9 a; (name of establishment) ! • .ddress 10160 Kenai Spur Highway, Kenai, Alaska 99611 ^ S ura a.m. Telephone num p.m. not et assi d lours of opera" `ionns 11:00 a.to »•00 &,m: ber Y ` menu must accompany this application. Menu enclosed ave o ice ever been called to your premises by you or anyone else for any reason? g es 6 No ❑X If yes, date(s) and explanation(s): ` inors duties Cook, Dishwasher - re video games available to the public on your premises? Yes o you provide entertainment? Yes ® No ❑ If yes describe. Juke Box It , j i .:F nis permit remains in effect until expiration of the liquor license or at the discretion F f the Alcoholic Beverage Control Board. Renewal must be made in conjunction with the iquor license renewal. (15 AAC 104.445 (b)). certify that I have read AS O4.16.049, AS O4.16.060. 15 AAC 104.435 and 15 AAC 104.445 and ive instructed my employees about provisions contained therein. pppIcantis) signalure Kurban Kurani, President Subscribed and sworn to before me this 3rd day of Sept 1986 otar u c n a or A as a ,plication approve • 14Y commission expi es 8/13/89 -verning Body Official .te: Director, ABC Boar Date: L .1 i KENAI CITY COUNCIL - REGULAR MEETING - MINUTES + OCTOBER 15, 1986 - 7:00 FM OUTGOING MAYOR - TOM WAGONER INCOMING MAYOR - JOHN WILLIAMS A. ROLL CALL present: Tom Ackerly, Sally Bailie, Chris Monfor, John wise, Tom Wagoner, John Williams, Art I Mccomsey Absent: Ray Measles (excused) }+ � A-1 Certification of Election - -,! Clerk Whelan distributed copies of the election 4, results. MOTION: Councilman Wise moved, seconded by Councilwoman Bailie, - to approvo tho eloction results as submitted. Motion passed by unanimous consent. .; :. SWEARING IN OF NEW MAYORt Lt. Gov. McAlpine performed the swearing -in ceremony .s for Mayor Williams. c ;1 SWEARING IN OF COUNCILMEMBERS: d. Clerk Whelan performed the swearing -in ceremony for Councilman McComsey and Councilwoman Monfor. ! Mayor Williams read a proclamation to out -going Councilman Hall. Mayor Williams presented an oil painting to outgoing - Mayor Wagoner. "V A-3 Agenda Approval !4 1. Mayor Williams noted there is additional material distributed this date on item C-il, Res. - l 86-101. He asked if this item could be removed from the agenda. 2. Mayor Williams asked to add item F-2 to the agenda, D&A. e 3. Mayor Williams asked to add item F-3 to the i. agenda, Easements -Boat Facility r 4. Mayor Williams asked to add item F-4 to the agenda, Airport Master Plan ;. S. Mayor Williams noted 4 additional items have been added to item 0-2. Requisitions Exceeding $1,000 6. Mayor Williams asked to have items 0-3 (Ord. f 1169-86) and 0-4 (Ord. 1170-86) deleted from the agenda. He felt they were not needed. 7. Mayor Williams asked that items G-7 (CIP Road improvements), G-8 (Street Light Replacement), 0-9 - (ADEC, PY 88 CIP) be removed from the agenda for a j._.-..... work session. He asked that the work session be _ .. scheduled for Oct. 29. - TT--- _ - - --- 6.(contd) Councilwoman Bailie noted items G-3 & G-4. We have no provisions for acting City Attorney or Acting City Manager. She asked that these items - be left on the agenda for discussion. Council agreed to the request. A-2 Election of Vice Mayor --- ..-.. MOTION: Councilwoman Monfor moved, seconded by Councilman wise, a Cal KENAI CITY COUNCIL OCTOBER 15, 1966 PAGE 2 to nominate Councilman Measles as Vice Mayor. Motion passed by unanimous consent. A-3 Agenda Approval (contd) MOTION: Councilwoman Monfor moved, seconded by Councilman Ackerly, to approve the agenda as amended. Motion passed by unanimous consent. A-4 Consent Agenda MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, to removed items 0-3 and G-4 from the Consent Agenda. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD Mayor Williams asked if there was anyone from the public that wished to speak. There were no requests. C. PUBLIC HEARINGS C-1 Res. 86-91 - Federal Express - Lease Space in Airport Terminal MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENT: a. Brian Bell, Federal Express, Anchorage. They are a local carrier, they plan to bring in aircraft in the future, they will have local hire. b. Dan Pitts, 403 N. Willow, Kenai. Current policy as established when the terminal was renovated was to have all air freight off -terminal. It was established by the Airport Manager with concurrence of Council. 2 months ago Council voted unanimously to uphold the policy. When he leased space from the City he was given consent and good faith of Council to build a freight terminal. He owns one directly north of the terminal. He designed it to look like the airport to fit in with the general architecture of the area. Had he known he would have to compete with businesses in the terminal he would not have built and would not have gotten bank money. This will set a negative precedent and discourage others from developing airport projects. City Manager Brighton replied, the statement that it was the policy of Council to have all freight not in the terminal is not true. it was specified at a certain weight and size in the terminal. C. Judy Huppler(?) Bowpicker, Kenai. She was opposed to the resolution. It is not what was originally planned. it is not fair to the other businesses. Councilman wise noted the resolution only addresses Federal Express. Are we going to have all in the terminal or all out? Council action to bar freight from the terminal was deliberate. Not all categories ro- r� ill{TaN' KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 3 were barred. We do not want freight in the terminal. Federal Express will be flying in but he did not want freight planes in front of the terminal. They belong with the freight planes. Councilwoman Monfor noted we have air express services to Anchorage. We have to be consistent. Councilman Ackerly said he supports Federal Express coming into Kenai, it will mean $10,000 per year. They have agreed to every requirement, they are willing to vacate if needed. The reason the resolution was written this way is they are the ones . that asked. Every other airline is carrying freight, they are willing to limit the size to our desires. Mayor Williams noted there is room for them in the airport. Regarding freight planes in front of the terminal, it is the function of the Airport Manager to control traffic. Regarding weight and size, there is a considerable amount of freight moving through the terminal. That could be construed as freight but called baggage. VOTE (Failod): Yes: Ackerly, McComsey, Williams No: Bailie, Monfor, Wise MOTION, Reconsideration: Councilwoman Monfor moved, seconded by Councilman Ackerly, to reconsider the resolution. VOTE, Reconsideration (passed): Yes: Ackerly, McComsey, Monfor, Williams No: Bailie, Wise Councilwoman Monfor explained she did not like the way the resolution was written. It gives priority to Federal Express. it should be rewritten to include the other freight carriers. Federal Express has agreed to what we want. Councilwoman Bailie said she hoped Federal Express comes to the City, but a previous Council made the policy that freight will not be handled in the terminal. It is being done now and should not be, we should take care of that. If we have more spaces, there may be more come in. It will be a difficult task to monitor this. MOTION. Table: Councilwoman Monfor moved, seconded by Councilman Wise, to table the resolution to re -write to not discriminate. VOTE, Table (Failed)z Yes: Monfor, Wise Not Ackerly, Bailie, McComsey, Williams Councilwoman Bailie asked how it should be re -written. we will have to do this for all the freight going through the terminal. Councilwoman Monfor explained, this shows favoritism for Federal Express. She noted there was a letter saying DHL came to the City and asked for this and were refused. We would be discriminating against them. Councilman Wise suggested the -resolution be written as policy, without a name. He also suggested the violations be stopped. City Manager Brighton said one of the major objections is regarding discrimination. we could advertise for proposals and get bids. That would eliminate discrimination and occupy the vacant spaces. Councilman Ackerly asked what the postal regulations are. Airport Manager Ernst replied, policy was established in 1982 by memo. The postal system L a 1 KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 4 requires 70 lbs, 100 in. length and girth. Federal Express would be handling the same as Southcentral and ERA do now. Councilman Ackerly said we should follow the regulations, we do not need a resolution. They asked for space, we should lease to them. Brian Bell, Federal Express. There is some concern regarding DHL and Airborne. He asked why the concern, there never was before. They are a 121 carrier, the 7th or 8th largest in the State. That is why they want to be in the terminal. They are a professional airline. They would be the only one here. it would be small package express - overnight letters. Carmen Gintoli, 117 Deepwood Ct., Kenai. He was architect on the terminal remodeling. In 1980-82 when it was designed, the pre -requisite was expertise with airports. It cost $25,000 for the expert who advised, and Council agreed, to have passenger airlines. Federal Express does not have passenger airlines. It was always intended for that. we bought additional space so we could let large airlines come in. Mayor Williams noted in the development contract the wording could limit weight and size of packages. Administration could enter into a contract with Federal Express. They will vacate if required. It is additional business to the City and will bring in revenue. Councilman wise asked if Federal Express will not service the City unless they are in the terminal. He noted the terminal was built by the City with State money. It should not be competing with small business. Councilwoman Bailie said if Administration leased to Federal Express after defeat of the resolution, that would disturb her because it is not the policy of Council. VOTE, Resolution (Failed)t Yes: Ackerly, Williams Not Bailie, McComsey, Monfor, Wise C-2 Res. 86-92 - Awarding Contract - Float Plane Facility, L� Engineering Design - Wm. Nelson - $51,700 i MOTIONt Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENT: a. Ruby Coyle, 1412 Barabara, Kenai. She is in favor of a float plane basin. when the new airport terminal was built, H. Galliett prepared plans for a float plane basin but it was put on hold till the City got out of the red. With the loss of sales tax in the City, we need to encourage every type of business we can. small planes with wheels, floats or skis will use the Kenai airport as home base. That increases City revenue. Any time we deny service to anyone, we lose money. This is hunting and fishing country. We should do anything we can to encourage tourists. b. Loretta Breeden, 1602 Barabara, Kenai. The float plane basin has always been in the plans for Kenai, it is wanted and needed. The airport is one of the major things Kenai has. She not Councilwoman Monfor and Mayor Williams objected to this. She suggested Councilwoman Monfor may have a conflict of interest with the float plane basin. Some of the lands taken out were for Native allotment. She suggested anyone with a conflict should so state. If ADAP funds are not used, how L 9 r\ KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 5 else would they be used? Has money been used from the Airport funds in the past for roads,•water G sewer with no assessment districts while others are now faced with assessment districts? Many times when a government wants to defeat a project they make it too expensive. We could have an adequate facility without this much money. She would suggest and hope for a float plane basin for tourism, taxes, etc. There is a waiting list in Anchorage for float plane spaces. Councilman Wise replied, as to where the funds are coming from. There is a federal program with 4 years accumulated funds. Over $400,000 each year, over *$I Million total. There is $300,000 additional moneys. Between State and Federal moneys, there is over $2 Million. We have committed 1982 funds so we would not lose them. They are restricted to airport funds. Mrs. Breeden asked, within CIIAP and other airport lands, are airport funds going for water, sewer and roads without assessment districts? Councilwoman Monfor explained, if she has a conflict of interest, she does not know of it. The lands with a quit claim are private property. If she had a conflict of interest she would bring it to Council's attention. The reason she is against it is because the cost is $3 Million to $4 Million. Renovation of the airport will be done when FSS moves out. we are not going to get Federal moneys in the future. Mayor Williams said regarding conflict of interest. These questions will be answered by the Attorney. C. Waldo Coyle, Barabara Dr., Kenai. He suggested the City look carefully at the float plane basin. Alaska was settled in the Bush by float planes or on ice. It is an asset to the country. we keep trying to chase people out instead of bringing them in. You cannot use the funds for anything else but the airport. The City turned down a chance for Federal Express to come into the City. It takes 5 days to get a letter from Hawaii. It is the same time for any City in the State. For overniqht service, if you discourage them, will the City make up the difference (in time)? The airport is only 1/2 full, the City should get someone in there. d. Phil Ames, Beaver Creek, Kenai. He was in Anchorage when the canal was built between Lake Hood and Lake Spenard. There were 6 float planes there then. What will this bring here? what has it done for Anchorage? If it was 2 times the size, there would be 2 times as many planes. We are just a few miles from 80% of the float planes in the United States. He does not agree with the statement that because there are no float planes now, there will not be any. He has been in Anchorage, Fairbanks and Homer - the 3 most successful airports in the State. it is because there is a land facility adjacent to a float plane basin. He has never operated in Kenai because he cannot rent tie -down space. He kept his plane in Soldotna, now it is in Nikiski. if he could get a tie -down space in Kenai, he would, and buy his gas at the airport. There is an advantage in having a float plane basin within walking distance of down town. History will disprove any arguments against this. You can subtract s5 Million from this figure and have a good float plane basin. e. Jim Carter, Box 212Kenai. He has 40 years experience in aviation in Alaska. He has never seen any projects that have gone by the wayside. L a 1 KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 6 Regarding costs, it would be a worthwhile effort to pass this resolution and find out the cost. e. Dan Pitts, 403 N. willow, Kenai. He supported the resolution. We don't know the cost till we talk to engineers. We need tourism to broaden our economic base. P••ople come to Alaska to hunt and fish. Float planes are the only way that is done. Every major airport has one. Councilman Ackerly said Council would welcome suggestions as to how we can lower the cost. Councilman Wiso said if this went in, it would be an instrument facility. In the interest of safety, we need to provide a facility for the public. Councilwoman Bailie noted the money is available for the study. We would be foolish not to use it. FAA requires visibility for all at water level, we could ask for it to 5 ft. above. Councilman Ackerly suggested if they cannot see the float plane basin, we could add to the tower or move it. Mayor Williams said during the election, the majority of the people he spoke to were against the float plane basin. Some reasons were financing and costs in the future. He asked Finance Director Brown to identify the total available funds and source of funds. Mr. Brown reviewed his memo of Augusts AIP funds - $1.5 Million State funds - S .5 Million Airport funds - 82 Million Total - $4 Million Mayor Williams asked, of the 84 Million available, are there any expenditures anticipated for upkeep of the { existing airport? Airport Manager Ernst replied, the taxiways are the original ones, we will need an overlay in the next 5 years. on the main runway, 5,200 ft. of lights are not in blast pavement. It is critical if we accommodate large aircraft. The tower has said they would like to have extended taxiway from "Charlie" north to the end of the runway. Mayor Williams asked for a rundown on what the contract with Engr. Nelson will entail. Bill Nelson, Fidalgo St., Kenai. The proposal has detailed cost estimate of preliminary and final. Water & sewer were proposed for the adjacent area and development of the lots as turnkey ready to operate as a float plane basin. Public Works Director Kornelis noted a copy of the engineering proposal was given to Council. Mayor Williams said he was opposed to the float plane basin for economic reasons and for the noise factor. But he would like to have actual costs so the public will know regarding maintenance, noise, etc. VOTE: Motion passed by unanimous consent. C-3 Res. 86-93 - Transf. of Funds - Sewer Treatment Plant - $5,000 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. L a] a i K KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 7 C-4 Res. 86-94 - Award Sid - Snow Removal - VIP S/D, East Kenai, Beaver Loop - Ross Services MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5 Res. 86-95 - Award Bid - U Blade Attachment,Snow Plow- H. Cooper Corp. - $6,875 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Ackerly asked if this was a budget item. Answer - yes. Motion passed by unanimous consent. C-6 Res. 86-96 - Award Bid - Snow Plow Attachments - N.C. Machinery - $8,630 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-7 Res. 86-97 - Award Bid - Snow Blower,Cutter 6 Tractor- Sahlberg Equip. - $91,500 MOTION: Councilman Ackerly moved, seconded by councilwoman Monfor, to adopt the resolution. There was no public comment. Councilwoman Bailie asked if there was a need for 2 tractors. Public works Director Kornelis replied, there is a difference. Councilman Ackerly noted this has a new radio with the equipment. What happens to the old radios? City Manager Brighton explained, this is additional equipment, we cannot put any equipment out without radios. All are in use. Councilman Wise asked if we are retiring anything. Mr. Kornelis replied, we will retire the old snow blower attachment to the 11966." Councilman Wise said we have too much equipment now, 4 vehicles per employee. Councilwoman Monfor asked if this was from Federal Revenue Sharing. Answer - yes. Mayor Williams noted there was only one bidder. As sole source company we can negotiate. He added, this is a foreign made vehicle, are there any American made tractors available? Mr. Kornelis replied, he went to a'll equipment dealers and evaluated. He felt this met the needs best. A replacement of a blower is needed. They did bid, it was not negotiated. This was a demonstrator, the City did not have the funds for that one, he worked out an agreement with the dealer that he would pay less and they would not paint it. It is not required that it be American. He advertised 4 bids and only got 2. L A 7 I I i r r 1• _i _ +V . .: .. ... ... ... 1 .d r t + 4 KENAI CITY COUNCIL OCTOBER 15, 1986 r PAGE 8 VOTE (Passed): Yee: Ackerly, Bailie, McComsey, Monfor, Williams Nos Wise C-8 Res. 86-98 - Award Bid - Tractor - H. Cooper Corp. - $24,491 MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Mayor Williams explained, the purchase of this equipment is with Federal Revenue funds. We have a certain amount of time to spend these funds or lose them. Councilman wise noted they are still tax payers' funds. VOTE (Passed): Yes: Ackerly, Bailie, MCComsey, Monfor, Williams No: Wise C-9 Res. 86-99 - Award Bid - Fire Dept. Carpet - Rutherford - $8,800 MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Councilman Ackerly expressed appreciation to Legal Asst. Sutcliffe for his opinion. Councilman Wise said he had a concern about the disqualified bid. It would appear requirements for Borough tax number registration was to identify that the business was in the City. We are tax exempt. They made a mistake in saying it was pending when it was not. if they are not legal in the Borough we can refuse but they do not need a sales tax number if they do business with the City. Councilman Ackerly said a contract is binding. it was in the bid specs. VOTE (Passed): Yea: Ackerly, Bailie, McComsey, Monfor, Williams No: Wise C-10 Res. 86-100 - Street Name Change - Park to Highbush MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. D. MINUTES . D-1 Regular Meeting, Oct- 1, 1986 Mayor Williams asked Clerk Whelan to check on the name of the person writing a letter to the Clarion as stated on page 6. Minutes approved with pending correction. L L 0 e I� W KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 9 E. CORRESPONDENCE E-1 City of Homer - Natural Gas Pipeline site Councilwoman Bailie suggested we should do everything possible to get the pipeline in this area. The cities in the Peninsula should work together. Councilman Ackerly suggested we should keep in touch with the pipeline builders and say they are welcome to speak to us. Mayor Williams noted he had a meeting with Homer Mayor Calhoun. He suggested Administration respond, acknowledge receipt of the letter, express the feelings of the City regarding the pipeline, and we will keep in contact. Council agreed to the suggestion. F. OLD BUSINESS B-1 Classification Study Councilwoman Bailie noted she is a member of the committee. There was a unanimous decision that we did not agree with the ultimate decision of J. Jaron. The other decisions were from the majority. a) The job description alone is worth the money. she recommended adoption. b)The Fire Chief should have increased education requirements. c) Increasing the range of Librarian and Senior Citizen Coordinator from 14 to 17. The original reason for the study was for these 2 individuals. The primary recommendation of J. Jaron was to raise these. In a lower economy we have increased needs for social services such as Library, Senior Center, Recreation Center. The number of employees at Kenai vs other cities: Kenai has 77 full time, others have 200 - some with less service. The Library and Senior Center have volunteers that save the City a lot of money. It would only be $1,200 increase per year. d) We should not throw out the baby with the bath water. The ultimate decision was not prudent. We did not agree with the factor evaluation. She talked with Unalaska, their classification plan was exactly the same as ours. They feel the plan is easy to implement. She would like to see, instead of totally disregarding it, that we investigate further and utilize what we can. We have no method of classification, up -grading of training, or job description for new employees at this time. Regarding J. Jaron, she was Chief Classification Consultant with the State, they feel it was the best they ever had. She has been a budget analyst in Seattle. She was Personnel Manager for over 7,000 people at F. Meyer. She asked Administration to review and report back by the next budget session. MOTION: Councilwoman Bailie moved, seconded by Councilman wise, to accept the job description raise Librarian and Senior Citizen Coordinator to range 17 and ask the bulk of the classification study be reviewed by Administration and a report be given at budget time. Councilman Ackerly said he would rather defer to Nov. 5 meeting. with 2 new additional members they should review first. Councilwoman Bailie noted the study has been available. We have had a couple of work sessions. She is asking for a more detailed study, but the Librarian and Senior Citizen Coordinator are long overdue. Councilwoman Monfor noted this will be a long range plan. Councilman Wise requested dividing the question: 1) Study acceptance 2) Job description acceptance 3) Approve 2 job up -grades. Council agreed to the request. L i i KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 10 MOTIONS Councilman Wise moved, seconded by Councilwoman Monfor, to accept the study as paid for. Motion passed by unanimous consent. MOTION: Councilman Wise moved, seconded by Councilwoman Monfor, to accept the job description. Councilman Wise said he has not had a chance to review this. He added, the study was based on a stereotype used for many years. The delineation is on 3 divisions, it is sexist. Councilwoman Monfor suggested we could accept now and re -write if needed. Mayor Williams said the range increase requests will have long reaching effects, he would like to discuss this at the Nov. 5 meeting. MOTION, Tables Councilman Ackerly moved to table the motion. Motion failed for lack of a second. MOTION: Councilwoman Bailie moved, seconded by Councilwoman Monfor, that the Senior Citizen Coordinator and Librarian be increased to a range 17. Motion passed by unanimous consent. Legal Asst. Sutcliffe explained, this will have to be by ordinance. MOTION, Amendment: Councilwoman Bailie moved, seconded by Councilman Wise, to have Administration prepare an ordinance to change Librarian and Senior Citizen Coordinator from range 14 to range 17. Motion passed by unanimous consent. Councilwoman Bailie said regarding the classification study. She asked that this be reviewed further. The committee has suggested we fail to adopt this. She would urge Council look into it further and try to adopt the plan. The plan is working in Unalaska. There are only 1,900 people in Unalaska, but size should not make that much difference. Anchorage adopted Kenai's sign code. why re -invent the wheel if we don't have to? MOTION: Councilwoman Bailie moved, seconded by Councilman Wise, to study the classification further. Motion passed by unanimous consent. ADDITIONAL ITEM: Councilwoman Monfor distributed evaluation sheets from the school district. She asked that these be re -done for City Manager, Attorney, City Clerk and Council. They should know how they are doing. She would like to adopt this for Kenai. Mayor Williams noted we have an evaluation of Council by the voters. Mayor Williams suggested it be brought back to the Nov. 5 meeting for Council to review. City Manager Brighton suggested L N i _1 F X NO KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 11 Council should review first and give to Administration. Mayor Williams suggested the forms be at the Oct. 29 work session. Council agreed to the suggestion. F-3 Easements - Boat Facility City Manager Brighton explained there is an easement problem with electric wiring to the dock facility. The cheapest lease is $2,000. He recommended Council accept at $50,000, $4,000 for the gate. It is still cheaper than the 2nd route. if Council approves REA can install immediately. MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to accept the proposed route C in the amount not -to -exceed 855,000 as outlined by City Manager Brighton. Motion passed by unanimous consent. Councilman wise asked if this is funded in the project. Answer - yes. Mayor Williams added it is funded by a State grant. F-4 Airport Master Plan Airport Manager Ernst reviewed, in 1985 the bid was awarded to ATC for the Master Plan. it will be complete by Nov. 30. All have the float plane basin as mentioned. The basic difference from the 1979 plan is moving GAA from the east side to the west side and incorporating it into the airport. M1 has the light aircraft runway between the runway and the taxi runway. 42 has the grass strip in a different location. Dividing up of lands and use will stay the same. 01 - airport terminal parking (itinerant, commuter, vehicle) will expand to Granite Pt. N2 - additional parking will be across the street. The cargo facility would be in the same area and extend to Tower Way. The FAA tower and future crash truck would be the same. N2 - the fuel farm would be moved. Future development of airport land is the same. Councilman Wise had suggested the far north could be tie -down area with access on Marathon. Having tie -down in front of the last lots was rejected, or they could bring aircraft to their own lots. M4 - an extension of the main runway 3,000 ft. to 10,500 ft. it would accommodate heavier aircraft. We may have to have additional fuel storage. The itinerant helicopter parking is a dead zone, you cannot park large aircraft there, it would be ideal. Councilman Wise had suggested a perimeter road inside the area. Most airports have this. He recommended M1, incorporating the other plans. MOTION: Councilman wise moved, seconded by Councilman Ackerly, to approve the outline as recommended by Airport Manager Ernst. Mr. Ernst noted this is concept only and can be changed. Councilman wise added this should be effective through 2010. Motion passed by unanimous consent. 0. NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified L 0 0 i KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 12 MOTIONt Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the bills as submitted. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 City Manager Brighton explained, the $50,000 addition to HEA was discussed, also the $2,000 easement. The $2,000 is on 2 properties involved, $1,600 for sewer rock. The roads have washed out. Public Works Director Kornelis added, this is for stabilizing and road protection on replacement culverts. Mr. Brighton added, there were 3 roads washed out during the rains. MOTIONt Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the requisitions as amended. Motion passed by unanimous consent. Councilman Ackerly asked if Ross was paid before it snows (snow clearing). Public Works Director Kornelis replied, after the work is done. G-3 Ord. 1169-86 - Amend. KMC - Acting City Attorney MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to introduce the ordinance. Councilman Wise said he objected to the ordinance in its present form. it does not reflect the wishes of Council. He objected to the City Manager appointing the Acting City Attorney. There are no qualifications listed for the Acting City Attorney. He objected to the Acting City Attorney making the same salary as the current Attorney. Also, the Code states the maximum salary is $65,000 excluding the incumbent. MOTION, Tablet Councilman Wise moved, seconded by Councilwoman Bailie, to table the ordinance and ask Administration to re -draft the ordinance. City Manager Brighton said he and the Finance Director do not feel this is necessary for the City Manager unless Council desires. The appointment of Acting City Attorney is Council prerogative. The Finance Director does not require or demand the Manager's pay when he acts in his stead. The more ordinances you pass the more you restrict mobility. Councilwoman Monfor noted we did not have a problem with Acting City Manager, but we have not been represented by an attorney at all times. We need legal representation at all times. BY paying the Acting City Attorney at attorney's wages it would be right, but not the way it is written. Councilman Ackerly noted we had a tabling motion. Mayor Williams explained he did not accept the 2nd on the motion. He noted we are moving into an area that will -require extra funding. Funding will be ever more important item for Council. We will not expect to receive the amounts we have been receiving. Councilwoman Bailie noted if any other department head is absent, the person acting in his stead is compensated at their pay. Finance Director Brown added, if they are absent 2 weeks or longer. Councilwoman Bailie said we do not have an assistant attorney. Our Legal Assistant would be responsible for L L 11 F KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 13 covering for the Attorney in his absence. He deserves additional compensation. Mayor Williams stated compensation for the attorney is very sufficient. With additional items of the contract, compensation is not the main factor. Additional pay is not necessary to make this work. He is opposed to this. The Acting Attorney is also sufficiently compensated. MOTION, Tablet Councilman wise moved, seconded by Councilwoman Monfor, to table the motion. Motion passed unanimously by roll call vote. G-4 Ord. 1170-86 - Amend. KMC - Acting City Manager Council took no action on this item. G-5 Assignment of Lease - F. Meyer Ltd. to F. Meyer Inc. - CIIAP MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve assignment of F. Meyer property from F. Meyer Real Estate to F. Meyer Inc. with stipulations from Atty. Rogers. Motion passed by unanimous consent. G-6 Assignment of Lease - Wasson to Bielefeld, Schumacher - GAA MOTION: Councilman Ackerly moved, seconded by Councilwoman Bailie, for approval of assignment as specified. Motion passed by unanimous consent. G-7 Disc. - Capital Improvements Projects - Road improvements 0-8 Disc. - Street Light Replacement 0-9 Disc. ADEC - FY 188 Capital Budget Request Council agreed to schedule these for 10-29 work session. H. REPORTS H-1 City Manager City Manager Brighton spoke. at a. Regthealastgthe meeting- Heement of would like to retirement to clarify he has no such Plans- b. He disribuedwe have workedthardtforaappioneers' homme. The state has said they will no longer build pioneer homes. Fischer housing near the Seacquired niorCenter. He fools studyr a foolsit we r can get housing for seniors at that site it will not be a heavy maintenance burden for the State. .He felt he could get capital moneys for a facility. The State has not said the money is available, but Son. Fischer assures Mr. Brighton it is available. C. Councilwoman Bailie said she had heard F. Meyer had been in the area again. City Manager Brighton replied he had not heard lately. He added they felt they made a They lookmistake putting ed at thegrocerystore,iPizzat an tHuthe shelf. and 0 7 tAl KENAI CITY COUNCIL OCTOBER 15, 1966 PAdE 14 MoDonalds. They indicated their board would take another look. They have to be under construction by next summer or be in violation of their lease. The possibility is strong they will construct next summer. He explained he talks to them about every 2 weeks. He anticipates they will make their decision in a couple of months. Councilman Ackerly suggested Council would like to talk to them also. d. Councilman Ackerly asked about the progress on the viewing platform on Kenai River. City Manager Brighton replied they did not have a report at the last Chamber meeting, but they are still working with the agencies involved. H-2 Attorney None H-3 Mayor Mayor Williams spoke. tion a. He matterlwith cPublic uss eWorks rDirector al aKornelisc(info #13). b. He proposed a new committee be formed. He would like to review all commissions & committees with Council. we could combine some. We have about 13 at this time. The new committee would be a study committee, for a 4 month period, to study a new commission for commerce. It would be to develop new methods of commerce. Councilman Ackerly volunteered as Council representative. Mayor Williams will report at Nov. 5 meeting. C. Councilwoman Bailie noted appointments are needed for Refication creation wi dwood Advisory Board. d. Mayor Williams nominated Joni Lynn as student representative for the Recreation Commission. Council had no objection. H-4 City Clerk Clerk Whelan reminded Council of Municipal League meeting in November. City Manager Brighton added, there will be special meetings for newly appointed officials. H-5 Finance Director Finance Director Brown noted the memo regarding Schilling land financing (Info 07). H-6 Planning & Zoning None H-7 Harbor Commission None H-B Recreation Commission None H-9 Library Commission None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Clarence Ladd, Kenai. He thanked Council for V FIN KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 15 putting up an American flag, he would like to see an Alaska flag also. Public Works Director Kornelis noted AirTech dug the hole for the flag pole and installed it without charge. Mr. Ladd submitted a "Shrinking Dollar" for Council. Mayor Williams said the City will be getting an Alaska flag. He will display the "Shrinking Dollar" at budget sessions. b. Calvin Quandt, Kenai. His father had asked for money for the easement on his land. Public Works Director Kornelis replied he had the money in his office. Mr. Quandt noted he contacted the Attorney. C. Calvin Quandt, Kenai. His father has water in his basement now. The street is higher than the house. The contractor took all the dirt from the road and put it on Indian land. The people across the street had water for the 1st time. He asked Council to correct the problem. Public Works Director Kornelis explained he has reviewed the drainage study plan. We have recently had the largest rain fall we have ever had, we were over 30% over the 100 year storm amount. This is not the street design. Mr. Quandt replied the street is higher than it used to be. His father has asked for an explanation for the sewer line. His father had tried to collect the money but could not. Legal Asst. Sutcliffe replied he had told his father it would be ready the next day. He has to sign off on the settlement agreement. Mr. Quandt said his father was in Brazil. City Manager Brighton suggested Mr. Kornelis come to his father's house to review the problem. Mr. Quandt agreed. d. Father Targonsky, Russian Orthodox Church, Kenai. He congratulated the new members. He suggested the City should get ready for their 200th anniversary. e. Mayor Williams asked Administration to prepare a management plan for dock and tie -down area for Council review before budget time. f. Councilman wise asked Administration to prepare an up -date on Public Safety personnel on a part-time basis, prior to budget time. Mayor Williams added, a review of EMT with expansion to a better level of service. g. Councilwoman Monfor asked Public Works Director Kornelis about the condition of Aspen St. Mr. Kornelis replied it is not up to specs. Councilwoman Monfor noted it is in bad condition. h. Councilwoman Monfor asked if Cook Inlet View/Lilac was complete. Answer - no. i. Councilwoman Monfor asked about the road to wildwood. Public Works Director Kornelis replied it is on the Capital Improvement List. J. Councilwoman Bailie asked if the Old Town Road report could be added to the Oct. 29 work session. Council agreed to the request. k. Councilwoman Bailie asked if the cemetery could be put on the agenda for the Nov. 5 meeting. Council agreed to the request. 1. Councilwoman Bailie asked if Administration could review the park facilities as they exist now and proposed . RecreationhCommissionyto make or ia repoams rt. the . M. Councilman Ackerly suggested the whole agenda be publicized and that it should be advertised more, also P6z. n. Councilman Ackerly noted Kenaitze Ct. is good. We should only do the roads once. L L n f a r— �q\ L KENAI CITY COUNCIL OCTOBER 15, 1986 PAGE 16 o. Councilman Ackerly noted this date is Police Chief Ross, birthday, and requested the newspaper ads be made part of the record. Council agreed to the request. n. (contd) Mayor Williams suggested the agenda could be discussed on the radio. o. Mayor Williams asked that the City investigate the possibility of somehow getting Federal Express in the community. Councilwoman Bailie said there are many individuals in the City that would be willing to rent to Federal Express. We are not running them out of the community. we should not be competitive with private enterprise. Mayor Williams said there should be some way Administration can offer some consideration to get them in here. Councilwoman Bailie explained she did not say she did not want Administration to approach them. She did not appreciate Administration going behind Council when they had said they did not want freight in the terminal. City Manager Brighton said Council has adopted a policy of permitting freight over the counter of a weight up to 70 lbs. and 100 in. girth. Council has said they do not want freight over the counter and existing airlines are handling freight over the counter. should we tell existing airlines not to handle freight over the counter? Councilwoman Bailie noted the memo from DHL said they were looking at a new location. The terminal is primarily for passengers. How are you going to -- control the size of packages? Large sizes are being handled now. We need to revise the policing policies. Councilman Wise said the resolution (86-91) raised a different issue than what Councilwoman Bailie is talking about. The questions is are we going to change policy. Mayor Williams reviewed the minutes of 10-1 and explained the resolution was removed from the agenda because Federal Express asked them to. Councilman wise replied, Council directed the resolution be brought up and it was not. Mayor Williams noted the Mayor and Administration set agenda. Councilman Wise said you do not delete from the agenda what was voted on. Councilwoman Bailie noted, regarding Pizza Hut. The same thing was said that we do not want business when we would not let them build on a green belt. Mayor Williams requested a signal be sent to Federal Express that we want them to be here and give them an•opportunity to survey the city. Council agreed to the request. ADJOURNMENTS Meeting adjourned at 11:35 PM. Janet Whelan City Clerk L 0 i• a 1 Municipality of � Anchorage October 17, 1986 F 600 EAST 38TH AVE G — / ANCHORAGE, ALA: (907) 564-1323 TONYKNOWLES, MAYOR PUBLIC UTILITIES The Honorable Tom Wagoner 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Wagoner: The Municipality of Anchorage, on behalf of the Railbelt utilities, informs you that consultants, Arthur Young b Co. have begun the feasibility study on a Railbelt generation and transmission organisation. In order to assure objectivity, Bob Ward has been employed as an independent project manager who will facilitate the study. Mr. Ward is the former Administrator of the Federal Alaska Power Administration and was recommended by all seven Railbelt utilities. You can expect to receive progress reports as the study continues. We will provide an interim report to the Railbelt Energy Council on January 15, 1987. As you know, Senator Faiks, Chair of the Railbelt Energy Council is to provide a report to the Alaska Legislature on February 15, 1987. The Railbelt Council has a legislative charge to make a recommendation on a Railbelt utility organization in addition to their charge to make a recommendation on use of the Railbelt fund. If you have any questions or comments you wish the consultants to consider, please contact Bob Ward at 789-3713 or write him at 100003 Frank Maier, Juneau, Alaska 99801. Last April in Wasilla, we all agreed by resolution to support the concept of a feasibility study on a Railbelt G&T. Thank you for the support you have pro- vided which has allowed us to proceed with this study that will help secure our future generation and transmission needs. cerely, Cord J Zer etz Sze tiv age _ Public Ut ities GJZ:lc cc: Bob Ward, Sr. L L )UNENU ALASKKS CAPITAL CITY OFFICE OF THE MAYOR 1 CITY AND BOROUGH OF JUNEAU October 16, 1986 •�•• LN 1- oC , T0: Alaska State Legislators and Alaska Municipal League Members opm Meeting Act As you probably are aware, in the past several months local governments in Anchorage, Juneau and Ketchikan have encountered difficulties over alleged cc court determined violations of the open Meeting Act (OM). The Assembly of the City and Borough of Juneau recently held a work ses- sion on this matter in an effort to gain a greater W91scstanding of the GMA and the limits that the CM places on the deliberations of public bodies. The implications of the OM are a good deal more restrict ve than I could have ever imagined. We were dismayed to discover that tiler is a very real possibility that a private meeting between two assembly mesobera to discuss governmental matters of substance and significance could, upon the filing of a suit, be found to bs in violation of the This prohibition could even apply to the actions of the recipients of Local grants. During the work seesion and public meeting, I made a few ooam►ents that may be a fair reflection of the problem facing all of us as members of a public body. I said, in part. that: "Very often what you see and hear in a meeting of this body is the tip of the iceberg. We are members of this s aassseemblyday s� days a week, not just on Monday nights. Sunday, the members of this body try to solve problem, not lake these worse. We try to help without �amecessary ont without humiliation or embarrassment of individuals, without the fruitless pmcsuit of solutions which are not feasible. Moreover, we try to adapt our solutions to acoommodate differing opinions and viewpoints; we negotiate and we coa�ramise. We talk with each other all the time. We want this Democracy to work, and we don't know how to make it work if we can't talk with each other. From time to time, we need to share our innermost feelings and 155 So. Seward St. Juneau, AK 99801 (907) 586.5257 L.. 7 L.." Alaska State Legislators and Municipal League Members October 20, 1986 Page Two thoughts with each other. And, we need to hear youre. Unfortu- nately, to some, we are all human beings and there are very few who are willing to express tentative thoughts and personal feel- ings if time thoughts and feelings are to be broadcasted to the world in eve�err instance and held up for instant criticism or as indication of a final position. °What I want to communicate is some understandable sense of what it is like to be a School Board member, to serve on the Planning Commission, the Harbor Board of Directors or the Assembly. Every person that has done so could tell you of relatively sof thing allel situations. All of us who have been a part of this sort are not interested in lofty and ethereal statements of belief, nor are we interested in ignorant condemnations or punitive behavior from critical be they shrill or sonorous. What we want are democratic rules that are practicalt democratic rules that get us from one day to the next in a relatively efficient and effective manners democratic rules that facilitate the humane and painless resolution of problems: and rules that meet the basic concern of the Open Meeting Act, but also take i nto acces ount real life among real living human beings. We wan make government more responsive and intelligent -not less. The bottom line is this: We fervently want a system of democracy that works....The idea that municipal governments around this state have to spend the next 20 years in court to develop a set of workable rules is not an idea that is acceptable to this member of this body". My reason for writing this personal letter is to ask for your support in encouraging the Legislature to consider amending the OMP► for purposes of providing workable and reasonable rules. I realize that this request raises some very difficult political and philosophic issues. There will be those that will say that such a request is a direct attack on the fundamental rights of the public and the American system of demo- cracy. There will be those who will ascribe ulterior and nefarious motives to those who seek a resolution to the problems being encountered by elected and appointed officials and citizens sin a variety of serving must be ready to bear that critins that cism rather than e or localaonttiinue in aink we situation that invites constant attack an our integrity as individuals and as members of decision -malting bodies- EEP/bvh cc: News Media Juneau Assembly Members L Sincerely yours, 4e eF6%4U4 Ernest E. %Iley Mayor fil Kent, WA r" _ October 25, 1986 Mr. Randy Ernst �V '� g (a Airport Manager C Z� Kenai, AK 99611 Dear Mr. Ernst: I am writing to express my support for the proposed seaplane basin development on the Kenai Airport. Please submit this letter to William Nelson Associates who are conducting the current study and to those responsible for the final decision. I am a new resident to the Kenai area, though not yet full time. My wife and I have a new home under construction along K Beach road six miles south of town. We plan to move there permanently following my upcoming retirement from United Air Lines. My floatplane is presently based at Island Lake which is a twenty five mile drive from my home. The Kenai facility would be much more convenient for me and for others living in and around Kenai. I would most likely continue going to Island Lake for maintenance service. Another advantage of the airport location is the instrument approach facilities which serve the runway could also serve the float basin. Admittedly many seaplanes are not equipped for instrument flying but those with such capability could complete some flights safely in weather conditions which would preclude VFR flights. .0e I believe facility should be completed at minimum expense, providing only a landing area, an in/out ramp for amphibians and parking space. Seaplane owners are an innovative bunch and given the opportunity to lease a parking space at reasonable cost will provide their own docking facilities. This approach seems to have worked well at Juneau and their float pond is C) very well utilized. Randy Ernst: Page two. The Clarion article of October 17 mentions eight or ten lots with water and sewer provided. I presume these would be for lease to FBOs. I believe that issue should be considered separately from the basin development and studied on it's own merits. I see that as a business decision based upon return on investment whereas the landing facility is a public service responsibility of the Port just as is the runway. I could be a potential lessee of a hangar site for my personal use if the price is within reach. Please keep me advised of developments and put me on the list for a parking space at the float basin. Yours truly, Richard A. Woodin PO Box 1877 Kenai, AK 99611 or 29000-222nd P1. SE. Kent, WA 98042 L X 0 7 m r F 7 Warren E. Burger } - Chairman _ _ Frederick K. Biebel It ' Lindy Boggs .... } Herbert Brownell - Lynne V. Cheney yy Philip M. Crane William 1. Green Edward Victor Hill !`. Comelia G. Kennedy Edward ht. Kennedy b it _ _ Harry McKinley Lighttey, It William Lucas ! 4 Betty Southard Murphy n.. :.�Tbomas H. O'Connor )Ili. Schlany Bernard H. Slegan Ted Stevens Oberr C. Tanner Strom Thurmond } Ronald H. Walker Charles E. Wiggins Charles Alan Wright Mark W. Cannon ... Staff Director jt Ronald M. Mann Deputy Staff Director Commilashn ®n the ginnip-nnial of 5/ ffin Fail= 4 Slat?% Conalituflo a -1 734 Jackson Place, N.W. - Washington, D.C. 20503 ti 2g�334 202/USA-1787 \ i August 5, 1986 Dear Mayor: Next month in Annapolis begins the commemoration of the Bicentennial of the U.S. Constitution, a truly i historic document worthy of an historic observance. } Such a celebration needs the active involvement of communities everywhere, and for that we ask your help. Constitution Day itself is scheduled for Sept. 17, 1987, but like the original process of ratification through implementation, the commemoration will cover three years. Chief Justice Warren E. Burger, Commission Chairman, has said, "We can best honor our Constitution by giving ourselves a civics and history lesson on its origin and meaning." _k We ask that you review the enclosed material and join the observance by becoming a Designated Bicentennial Community. This means forming a local commission to participate in the celebration. Because the federal Commission will be meeting in September, and has authority to recognize Bicentennial ! Communities, we hope you complete this application and are among the first communities so recognized. Our staff in State/Local Affairs is prepared to render any assistance whatsoever in facilitating this process, so please do not hesitate to call us directly at 202-653-9808. We appreciate your consideration and look forward to the participation of your community. very truly yours, t Pau1��Clarlc Director State/Local Affairs vu PC/sm Enclosures 5 a •, National 1301 Pennsylvania Avenue NW Washington, D.C. 01fim Prefaen League Menry6 Cnnerof 01 200� Mfym. San Antonio.1II&M Clues (202)628.3000 Fefr vrcePragent Cathy Reynolds l Couneuwoman•st-t.arge. Denver, Colorado Second trace Pees dont Pamela P Plumb October 18, 1986 Councilor. PorNnd.Maine immediate Past Presrdenr rge V Vo,,n,— r. Geint Ohio Executive Director Alan Beals Mr. William J. Brighton City Manager 210 Fidalgo Kenai, AK 99611 Dear Mr. Brighton: We are writing about a matter which needs your attention and support --the State and Local Legal Center. To be specific, we are asking that your city make a one-time payment to the Legal Center to enable it to continue advocacy of municipal interests before the U.S. Supreme Court. Here's why . . . For more than a decade, decisions made by the United States Supreme Court have been seriously eroding the authority and fiscal integrity of local government. The Court has removed our anti-trust exemption, blanketed us into the Fair Labor Standards Act, questioned many of our land use and zoning powers, upset local labor practices and policies by determining when public safety employees can retire, opened up municipalities to exposure for a host of environmental actions and redefined municipal functions --to name just a fewl Each successive term, more and more challenges to local government power and authority are being heard and decided by the Court. During its recent term alone the U.S. Supreme Court heard some sixty-five civil cases directly affecting state and local governments. Five years ago, we joined forces with our counterparts representing state and -local public interest groups in creating the State and Local Legal Center as a program of our Academy for State and Local Government. The Legal Center's mission is to advance the collective interests of state and local governments before the U.S. Supreme Court. .L L Is a 01 i .T a.. . r• . ....... ._. ... A. Mr. Brighton Page Two October 15, 1986 The State and Local Legal Center was created to fill a void in the advocacy of municipal interests before the nation's highest court. No other organization represents the interests of the chief elected policy makers of both state and local governments. We cannot leave those interests unprotected, nor dare we delegate to others, basic policy matters such as are involved in controversies before the Supreme Court. The Legal Center's staff attorneys are backed up by specialized, highly skilled private attorneys --experts on the intricacies of Supreme Court practice --who are contributing thousands of hours of time to the Legal Center without compensation. The Center has submitted 22 amicus briefs on behalf of state and local government during the Supreme Court's last term alone. It has conducted well over fifty moot court sessions to assist state and local attorneys prepare for oral arguments before the Supreme Court. And all of this has been accomplished with no charge or fee to the individual jurisdiction whose case was being considered. No other organization affords state and local government with such horsepower. Does legal advocacy work? indeed it does. In a very short time, in case after case, the State and Local Legal Center has been instrumental in protecting and advancing the interests of local government. During this past term alone, we won major rulings from the Supreme Court reducing greatly the exposure of cities to antitrust challenge, allowing local zoning regulations to limit the location of adult movie theaters, protecting voluntary affirmative action plans of cities, and restoring the ability of state regulatory agencies to limit telephone rate increases. The Center has been funded, to date, through a startup grant from the Pew Memorial Trust. The grant is now concluding and the sponsoring state and local government organizations have agreed to assume responsibility for assuring the continued support of C the Center. The state government associations have a goal of raising $2.5 million and local government associations another $2.5 million. yk Instead of trying to support this effort through annual dues, the National League of Cities, the United States Conference of Mayors } and the international City Management Association have agreed to. raise $1.5 million as the municipal government share through a joint appeal to our members for a one-time payment. The results of our collective efforts will create a Legal Trust Fund, the proceeds from which will permanently finance the work of the Legal Center. Fees are based on the population of the contributing jurisdiction. Since officials in your city serve in the leadership of one or more of our organizations, we hope we can count on your support. We have enclosed a statement, with the amount of the one-time payment for your city. L f t° Mr. Brighton Page Three October 18, 1986 The Boards of Directors of USCM, NLC and iCNA have adopted s l motions endorsing the Legal Center and encouraging municipal {t, governments to give it financial support. We hope we can count on your early response to this truly worthwhile effort. Please call any of us if you need additional information or assistance. - Thank you for your support. :j ` Sincerely, Alan Beals o n/Anhe-r--eExecutive Director -t. Executive Director U.S. Conference of Mayors William Hansell, Executive Director !' international City Management Association Enclosures 4:. cc: Scott A. Burgress, Executive Director Alaska Municipal League T 0 v -I BILL SHE► F. JUNEAU, ALASKA 99811 0 IrT. OF COMMUNITT & REGIONAL AFFAIRS PHONE: (9071186J707 p 11 ❑ 049 E. 86TH AVENUE, SUITE 400 ANCHORAGE, ALASKA 09808 Y. MUNICIPAL & REGIONAL ASSISTANCE DIVISION PHONE: (807) 66186B8 .4 17 t-? t9a\ Q BETHEL. 348 ASKA OM PHONE. 07)64"78 Q P.Q BOX d - - n NOME, ALASKA 99762 c► October 15, 1986 PHONE. (90n44s6187 ❑ PO. Box 280 KOTZEBUE, ALASKA 99752 r } l IiG6 PHONE: (907) H24675 a The Honorable Tom Wagoner ❑ 1514 CUSHMAN STREET, ROOM 201 Mayor of Kenai FAIRBANKS, ALASKA 99701 210 F i da lg o PHONE: (907) 45Zn28 Kenai, AK 99611 ❑ PO. Box /boa+ DILLINGHAM, ALASKA 995M PHONE: (907) 84262245 Dear Mayor Wagoner: }; RE: PRELIMINARY POPULATION DETERMINATION The Department of Community and Regional Affairs is charged by statute with determining the population of your municipality for State Revenue Sharing Program purposes. This population figure is determined annually by data that, in the judgement of = the Department, is reliable. Department regulation 19 AAC 30.041 states: ..;Y No later than October 15, the Director will mail to each city and borough in the state his determination - of its population under this subsection. '! According to the most reliable information available, the population figure of 6,434 has been determined for your municipality for FY 87 State Revenue Sharing Program purposes. Requests for adjustments to this determination must be received by the Department by December 1. These preliminary population determinations will be finalized December 15. Requests for adjustments must be substantiated by the municipality in an - approved method as set out in regulation. If you should have any questions please contact Jim Plasman or --=`s-=-------- Bill Rolfzen at 465-4733. cerelybherf arty ord f°r Director Jim Sanders, LGS, MRAD, Anchorage L L . 01 c 1 7 X NOTICE OF PROPOSED CHANGES I0 THE REGULATIONS OF THE DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS of kc�Ngqk,, a is given that the Department of Community and Regional PlaaABfaics, under authority vested by AS 44.47.050, proposes to adopt regulations in Title 19 of the Alaska Administrative Code, to administer a pilot project distributing funds for the mitigation of impacts on municipalities from off -shore fish processing established in Chapter 98, SLA 1965, as follows: 19 AAC 53 is proposed to be adopted to administer the distribution of funds through a formula distribution to impacted municipalities, with allocations ba8ed upon the location of the municipality in a commercial fisheries management area and the population increase of the municipality during fishing season. The proposed regulations also provide for the application process and appeal procedures. Notice is also given that any person interested may present oral or written statements or arguments relevant to the proposed action at a hearing to be held at 1:30 p.m. on November 170 1986, in the following locations: KOTZEBUE: Second Floor, Drift Inn, Kotzebue, AK 99752 (907) 442-3696 NONE: Second Floor, Old Federal Building, Nome, AK 99762 (907) 443-5457 and at 1:30 p.m. on November 20, 1966 in the following locations: ANCHORAGE: University Plaza, 4th Floor, 949 E. 36th Ave. suite 406, Anchorage, AK 99503 (907) 561-8586 BETHEL: BNC Complex, Room 210, Bethel, AK 99559 (907) 543-3475 DILLINGHAM: New Choggiung Bldg., Dillingham, AK 99576 (907) 842-5135 JUNEAU: Community Bldg., Third Floor, Room 316, 150 3rd Street, Juneau, AK 99811 (907) 465-4750 KODIAK: Kodiak Island Borough Bldg., 710 Mill Bay Road Kodiak, AK 99625 (907) 466-5736 In addition, written statements or arguments may be sent to the Department of Community and Regional Affairs, P.O. Box BH, Juneau, AK 99811, to be received no later than November 30. This action is not expected to require an inc+teased appropriation. Copies of the proposed regulations may be obtained by writing to the Department of Community and Regional Affairs, P.O. Box BH, Juneau, AK 99811. The Department of Community and Regional Affairs, upon its own motion or at the instance of any interested person, may at the hearing or after it adopt proposals within the scope of this notice without further notice or may decide to take no action on them. DATE: Ia 27 8 Jef t , Deputy commissioner DepaTtment of Community and Regional Affairs L 0 m a St ►I4 iI )i I1.1 •'II, Jilt :"I •�� .•:�. •.w�uluf.►l�7Ar le, AtA%Pn IV.1,1 1 — 0 CITY OF QPPORIUNITY September 12.1986 I ,r A��p, ;1 Betty Glick. President °�te F�� BOX 850 Kenai cough Assemby �P�Z7V�zti Soldotna. Alaska 99669 Dear Betty: I wish to thank you for attending last night's meeting to discuss Borough transportation project priorities. Here is the proposal I made for your review and consideration. In recent years the Kenai has not had much success in attracting federal highway administration dollars for road improvements. As an example. the Department of Transport atjon's spending plan pprovides orgy $270 000 of federal hway funds for Kenai projects in FY 87. while other projects in the ceatc region are scheduled to receive i65.4 mignon. In IN 88l the cegjonjare scheduled to rec�elve i73.2 mi�lliowr�e other areas of the central What's even more frustrating is the fact that reconstruction of the Sterling Highway from mile post 79 to 94, a project for which plans were completed several years ago. is not scheduled d i h r 90. while her ro eniasects are a being accelerated ahead of this projects. Perhaps, one reason for our apparent inability to attact federal highway funds is the fragmented approach we've used in expressing our needs to the Department of Transportation, the Governor and the State Legislature. Given conflict signals from various cities and organizationsiz,within othec Kenai, its easy or the slat@ to just pass us by in fa projects In areas where there is an organized lobby for transportation projects. The proposal was made that we need a regional organization to meet on a eriodic basis and mold concensus on issues of common importance to the Others iss ues whiccome uickly to mjnd iieludeies are an obvious topic. Location of the North Slope Natural Gas Pipeline Establishing the Borough as a Customs Port of Entry • Economic Development & Diversification Borough Wide Bond Issue Propositions Borough Taxes Tourism Promotion Solid Waste Disposal Insurance & Tort Reform State Legislative Affairs L L 10 .I Betty Glick September 12,1986 ... — The suggestion was made that this organization should consist of one representative from the Borough Assembly each City Council and each - ; Chamber of Commerce of the Kenai Peninsula Borough. We U need some staffing to put this thing together and sustain Its operation . I think Frank McIlhargey could do an excellent job In this regard. =y Thanks for your consent to serve as interim chair of a work group to l organize this endeavor. If I may be of any assistance. please just let me know. ,. sin rely Dotty F orth t Mayor of Soldotna CC., M�Thompson. Kenai Peninsula Borough ,Mayor Tom Wagoner. City of Kenai .. Mayor � Calhoun. City of Homer Mayor arry Gieseler. City of Seward . Mayor Gerald Willard. City of Seldovia Soldotna City Council L 7 ` t> O l�N �O rI� S .cn O ON q O N C! n W O O .o M1 CD �a��•��syy In Y1rl $ v a.e�i o Jr, m M1 n Vt a h a N � �0p0oQ• H C h Cf ►1 In P N 4 0 h O •q VN r/ r� r/ N i1 Q% rl J r1 0 N ry rl V1 V .4 O 1 •'1 M u d ai g d a w i d a {ups M dy yyy {{{p��� �ypJ ,. ►+ u ,. � w uu �+ a a � �Pyi i+ �+ Y IY1 M M M 4 9P Q � fyJ Y M M M � M lO M M M� N fA d7 a U m �y a N 88 ai q W V M 6 tl � � MMdp Y Mp Y Ci � Ci M P N rl @ 01 P� d Mq Y Mp�p yYy�Yp 9 qYp Yy My nl V � G7 47 � f+d � W W s tom! �P1 O d Ytl y d u W u M w aY Y d 0 Ci to in Lft cc cc CIN U, CS cil .004 �D 'm C4 44 r4 -4 14 Aj M A a li 1. 55 -C.4 51 m aka 14 O li \N C. 0 v �i t ' • Tt. V L 1 MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director FAQ i DATE: October 30, 1986 I SUBJECT: Acting City Attorney Ordinance No. 1169-86 The difference between the ordinance and the substitute is that the I " }t.., J� substitute eliminates the 5 day requirement from paragraphs (a) and (d). i jam, +� , - - I have no objection to the elimination of the 5 day requirement in • :.. paragraph (a). I do object to the elimination of the 5 day requirement in paragraph The Acting City Attorney should not receive additional compensation for periods less than 5 days. This is consistent with the way the City .} compensates the Acting City Clerk. All other employees in the City receive no additional pay unless they are in the acting position for 2 �+ weeks. The reason for this is obvious: if the City Attorney were gone for one hour, the City might have to compensate the Acting Attorney at the - higher rate. This could happen several times a week, or even several times a day. The payroll system is complicated enough. _.. The best way to handle this is to leave the 5 day requirement in "j paragraph (d). If the Acting Attorney has to work overtime, (say, ti attend a Council Meeting), he is eligible to be paid overtime like any other employee. I suggest the Legal Dept. budget for this next year. I've discussed this with Ron Sutcliffe, and he has no problem with this ::.. treatment. fix. . "11t.� ' Lwi IJ r• f . c � a l) Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1169-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 1 BY ENACTING SECTION 1.55.030 ENTITLED "ACTING CITY ATTORNEY." WHEREAS, the City Attorney is occasionally absent from the City due to personal leave or municipal business; and, WHEREAS, the City Council desires that effective legal representation be available both at Council Meetings and for regular working hours during the attorney's absences; and WHEREAS, no specific provision currently exists for designating an Acting City Attorney; and, WHEREAS, the City has in the past had, presently has, and may have in the future, a Legal Assistant who is a member of the Alaska State Bar and familiar with City of Kenai municipal issues and litigation who could act as City Attorney. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code be amended by enacting KMC 1.55.030 entitled "Acting City Attorney" as follows: 1.55.030 Acting City Attorney: (a) In the event the City Attorney is not available to perform the duties of the office for five (5) or more days because of illness, incapacity, annual leave, official leave for City business, or any other reason, the City Attorney may appoint an Acting City Attorney to perform the duties of the City Attorney during such absence, incapacity, or unavailability. (b) In the event of a vacancy in the office of City Attorney, the City Manager may appoint an Acting City Attorney, which appointment shall be subject to confirmation by a City Council vote in the manner provided for ordinances. L • 0 11 (c) Any person appointed Acting City Attorney under these provisions shall be a member in good standing of the Alaska Bar Association and duly licensed to practice law in Alaska. (d) The appointment of an Acting City Attorney shall be mad in writing and copies of the appointment shall be diet buted to all Councilmembera, Department Heads, and Co isaion Chairpersons, and a copy thereof shall be placed i the per file of the employee so appointed. (a) When any period of service as City Attorney by an Acting City Attorney shall be five (5) working days or more in length, the person so serving shall be paid at the minimum salary rate for City Attorney as provided in KMC 23.55.010 during such period or in the case of a vacancy of the City Attorney position at a rate set by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finances, e%g 10/30/86 JOHN J. WILLIAMS, MAYOR First Reading: October 15, 1986 Second Reading: November 5, 1986 Third Reading: November 19, 1986 Effective Date: December 19, 1986 E I l I' J N & - 3 0- SUBSTITUTE Suggested by: John Wise CITY OF KENAI ORDINANCE NO. 1169-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 1 BY ENACTING SECTION 1.55.030 ENTITLED "ACTING CITY ATTORNEY." WHEREAS, the City Attorney is occasionally absent from the City due to personal leave or municipal business; and, WHEREAS, the City Council desires that effective legal representation be available both at Council Meetings and for regular working hours during the attorney's absences; and WHEREAS, no specific provision currently exists for designating an Acting City Attorney; and, WHEREAS, the City has in the past had, presently has, and may have in the future, a Legal Assistant who is a member of the Alaska State Bar and familiar with City of Kenai municipal issues and litigation who could act as City Attorney. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code be amended by enacting KMC 1.55.030 entitled "Acting City Attorney" as follows: 1.55.030 Acting City Attorney: (a) In the event the City Attorney is not available to perform the duties of the office, thq City Attorney may appoint an Acting City Attorney to perform the duties of the City Attorney during such unavailability. (b) In the event of a vacancy in the office of City Attorney, the Mayor may appoint an Acting City Attorney, which appointment shall be Subject to confirmation by a City Council vote in the manner provided for ordinances. (c) Any person appointed Acting City Attorney under these provisions shall be a member in good standing of the Alaska Bar Association and duly licensed to practice law in Alaska. L 1 a- M (d) A period of service by an Acting City Attorney shall be pa'd et the minimum salary rate for City Attorney as provided in KMC 23.55.010 during such period or in the case of a yacancy of the City Attorney position at a rate set by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA# this 19th day of November, 1986. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: October 159 1986 Second Reading: November 5, 1986 Third Reading: November 19, 1986 Effective Date: December 19, 1986 Approved by Finance: C�11 10/30/86 L is r _i I G- -V KENAI POLICE DEPT@ 107 SOUTH WILLOW ST., KENAI, ALASKA 99811 TELEPHONE 2OW879 TO: William Brighton, City Manager�0 FROM: Richard Ross, Chief of Police N°'" — SUBJECT: Off Road Operations of Motor Vehicles Re: Ordinance 1171-86 DATE: October 30, 1986 I am in concurrence with the intent of the proposed ordinance 1171-86 as an attempt to regulate off -road vehicle usage so as to protect improved road right of ways. Attached is a proposed revision to KKC 13.40.O20(a) that incorporates this change proposed by the Beautification Committee• and clearly states that off -road operations are prohibited upon improved right of ways. in 1981 we researched the possibility of a total ban on off -road vehicle usage in road right of ways. Attached is a copy of a legal opinion received when I inquired concerning a municipal ordinance prohibiting this conduct which is clearly allowed in 13AA 02.455 of state regulations. While it may not be possible to totally prohibit such operations, the attempt by the Beautification Committee to restrict it away from improved right of ways would appear reasonable and appropriate. It may meet that "valid" though "inconsistent" test referred to in the 1981 legal opinion. Off -road vehicle usage in outlying areas of the city where there is no development, and the right of ways are not improved, would not be changed by the attached proposed revision. As the right of ways become improved they would fall under the ordinance without further revision. If the ordinance is changed we will have new brochures printed up for distribution by the schools and officers. Media coverage of the changes will also be requested. RAR/kdl cc: City Attorney Beautification Committee L L -f { a l� Ilry .i A Ii y. } ,t IN PROPOSED REVISION 13.40.020(a) 1) On *public or -private property without the express or Implied consent of the owner,•his'authorized agent or representative. 2) On'municipil park.3=ds,'municipal playgrounds and school playgrounds, except by special•authorization or in•a speci4ily-desigaated area. 3)' On.a city or.state maintained roadway, sidewalk, or on • a path or trail designated for bicycles or pedestrians, unless'such travel is necessary to go around an obstvuc- tion or hazard. 4) On any city or state road right of way that has been improved by landscaping and/or seeding. S) In'such a manner as to produce'sufficient noise to dis- turb the peace•and'quiet of another. .6) In•such a manner as to cause damage to improved property or destruction to natural terrain. L L I 3 t f S a 0 JAY HAMMOND � o , soFUIVOR DEPA RTMEN'T OF LAW y OFFICEOFTHEATMRNEYGENEROL POUCH K - STATE CAPITOL } . `.. 7 TRAARSPaRTATIONSEClION JUNEAU, ALASKA 99811 PHONES (9071 465 September 2, 1981 Richard A. Ross Chief of Police Kenai Police Department P.O. Box 580 Kenai, Alaska 99611 Re: Request for information - off road vehicles Dear Mr. Ross: Please refer to your letter of August 11, 1981, .- - regarding the ability of the City of Kenai to control off :.� road vehicles. Your. letter was addressed primarily toward controlling the use of state rights of way under the auth- ority of locally enacted ordinances. I will address each of your specific inquiries below. r You inquired whether 13 AAC 02.455 could be altered to allow prohibition of the use of off road vehicles on state highway rights of way. 13 AAC 02.455 was adopted under the authority of AS 28.05.011(1). Under the authority of that statute, the Commissioner of Public Safety shall adopt regulations to establish: rules of the road relating to the driving, stopping, standing, park- - Ing and other conduct of vehicles, -.; to pedestrians and to official k :a traffic control devices. AS 28.01.010(a) requires that the provisions of the motor vehicle code and the relations promulgated under its authority be uniform throughout the state without local _ variation. A municipality may, however, enact ordinances to ;r-.. address specific local requirements. See AS 28.01.010(b). --- — -- AS 28.01.010(c) requires the municipality give specific notice of any inconsistant provisions to te Commissioner of ` 1 Public Safety. Ji. L Richard A. Ross September 2, 1981. Page 2 Thus under the terms of AS 28.01.010 it is poss- ible that a municipality could adopt an ordinance which is inconsistent with state regulations. however, the exception found in AS 2$.01.010(b) is not very broad. I would refer you first to AS 29.48.035(a)(1). In that statute munici- palities are granted the authority to regulate vehicles, pedestrian, and other traffic, and licensing and oper- ation of motor vehicles including snow vehicles and off -highway vehicles, and operators not in- consistent with AS 28.01.010. Cremer v. City of Anchora"e, 575 p.2d 306 (Alaska 1978) aTcaresses t e PrObLem of inconsistencies between state law and local ordinances notwithstanding the provisions of AS 29.48.035. In Cremer a local traffic ordinance was held to be a valid exerc�f the local municipality's police power under AS 28.48.035, even though it was somewhat inconsistent with state statutes and regulations, because it did not inhibit the implementation of a state-wide policy. It would be difficult to enact a local ordinance which would enable the City of Kenai to prohibit the use of off road vehicles on public rights of way because 13 AAC 02.455 clearly authorizes the use of public rights of way by off road vehicles under specified circumstances. You also inquired whether the City of Kenai could require'by local ordinance that the operators of off road vehicles be required to have appropriate motor vehicle licenses. It is my analysis that the City could, but only within the licensingg requirements specified in AS 28.15.011 et Leg. and 13 AAC 98.150. Your letter has been referred to the Department of Public Safety. You may wish to correspond directly with that department for further assistance. If I may be of any further assistance, please contact me. WFC: mt A Sincerely, WILSON L. CONDON -.. -- .._., --- ------ ATTORNEY GENERAL Y William F. Cummings Assistant Attorney General P ! f Suggested by: Beautification Committee CITY OF KENAI 1: 4,, ORDINANCE NO. 1171-86 ! AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE - ! KENAI MUNICIPAL CODE TITLE 13.40.020 PERTAINING TO "OFF -ROAD OPERATIONS - OF MOTOR VEHICLES". !s ;' WHEREAS, the Kenai Beautification Committee has been in existence since the fall of 1982 with the intent being to upgrade the "face" of the business areas of Kenai, and -i� WHEREAS, Section 13.40.020 was created by the Off -Road Vehicles '.u.".-.-," Committee and passed by the Kenai City Council in September, 1983, and ... WHEREAS, during the term of the Beautification Committee, it has come to �! the attention of Committee Members that certain areas of the City are - gradually being destroyed, and WHEREAS, these areas include State Rights -of -Way, City Rights -of -way, i private driveways, various City, State, and private properties, and WHEREAS, various comments from the public and observation of City Parks crews and Committee members of these properties have made the Committee ! aware that changes in the existing Ordinance are needed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1:~The Kenai Municipal Code Title 13 be amended by 3 U.= deleting this portion of Section 13.40.020(1) (EXCEPT THE CITY STREETS' RIGHTS -OF -WAY UNLESS POSTED AGAINST THE USE OF SUCH VEHICLES]. " PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of F" November, 1986. John J. Williams, Mayor First Reading: November 5, 1986 Second Reading: November 19, 1986 Effective Date: December 19, 1986 CITY OF KENAI Ca#W aj 41oe, 1110 ROA M KENAI, AMSKA NMI TMMMONE Zl3. TM MEMORANDUM TO: Mayor Williams and City Council FROM: Janet A. Loper, Planning Specialist SUBJECT: Ordinance 1171-86 - Amend Off -Road Operations of Motor i Vehicles = a DATE: October 30, 1986 The Beautification Committee has long been aware of a growing problem in Kenai and the surrounding areas of damage, and in some cases destruction of both public and private property surfaces caused by off -road vehicles. The Committee has discussed the problem at length and offer the attached proposed amendment for your consideration as a possible solution to the problem. The committee is aware of the ordinance that was amended by the City of Soldotna last year with apparent success. As the ordinance now reads, off -road vehicles are allowed along rights -of -way unless posted. In order to restrict vehicles from ROW's, it would be necessary to post all ROW's with several signs. According to Parks Director Kayo McGillivray, signs have been posted in parks and along bike trails with no success. The signs are knocked down, ignored, or removed. Plus the fact that ROW'S would become a forest of signs should this method be used. The Committee feels that to accomplish a successful goal of eliminating the vehicles from the ROW's for safety of the riders, pedestrians, and motorists who are put into a position of avoiding a careless rider, and �+ in order for the private property owners and public lands to be restored, this method would best serve the public interests and perhaps ----.-----..:. be the easiest for the police department to enforce. ' As this proposed amendment is not a part of the Zoning Code, it is not necessary to appear before the Planning Commission prior to Council ,consideration, however, they have been made aware of the proposed amendment. L iy t, CSC 0f 13.30.080-13.40.020 i 5. ` - with such terms, with or without cash deposit or other surety, as g he may deem advisable to secure such repair or reconditioning or to reimburse the City for damages to the areas concerned. (Ovds u : 419, 4310 571, 593) 13.30.090 Sian Bearino the Legend: (a) The only entrance by motorized vehicle to the beach area described in KMC -� 13.30.080(a) shall be at the natural end of Spruce Street at the y s: Beach Road except as provided in KMC 13.30.080(c). At that point •: �� a sign or signs shall be erected reading as follows: "ENTRANCE TO -_--.� BEACH AREA ALL VEHICLES MUST PROCEED DIRECTLY NORTH BEYOND THE i LINE OF FOREST DRIVE." • (b) Other signs shall be placed along the Beach Road reading: "NO VEHICLES BEYOND THIS POINT." (Ords 419, 431, 593) 13.30.100 Penalty: (Ords 419, 431, Repealed 669) } " Chapter 13.40 OFF -ROAD OPERATIONS OF MOTOR VEHICLES I Sections: 13.40.010 Definitions. _.... .. 13.40.020 OfF-road vehicle operation. 13.40.030 Special stops required. 13.40.040 Speed limits. 13.40.050 Helmets. 13.40.060 Operator. 13.40.070� Parental and guardian responsibility. 13.40.080 Penalty. 13.40.010 Definitions: (a) An off -road motor vehicle is: s .. ._. (1) Any motor vehicle not authorized for operation on a public roadway according to State law or regulation. I (2) Any motorized vehicle that is being operated off of the f maintained streets and roadways. (Ord 883) - k:. 13.40.020 Off -Road Vehicle Operation: (a) It shall be � unlawful for an '�'�--------.---y person to operate an oFf-road vehicle in the l --=�--: � City of Kenai: -- -'----'------.-------- Aj 13-10 (City of Kenai Supp. #24 - 9; 27/83) Al i^ 1 Y.' -'r' -- - - -- - • - - 13.40.020-13.40.080 (1) On public or private property without the express or implied consent of the owner, his authorized agent, or representative, except the city streets' ri hts-of-wa (2) On municipal park lands, except where specifically authorized, municipal playgrounds, and school playground areas. (3) On a city or state maintained roadway, sidewalk, or on a path or trail designated for bicycles or pedestrians, unless such travel is necessary to go around an obstruction or hazard. (4) In such a manner as to produce sufficient noise to disturb the peace and quiet of another. (5) In such a manner as to cause damage to improved property or destruction to the terrain. (Ord 883) 13.40.030 Special Stops Required: In addition to obedience of all state traffic regulations, an off -road vehicle operated on a city or state road right-of-way must come to a full stop prior to crossing any street, road, or private drive. (Ord 883) 13.40.040 Speed Limits: The speed limit shall be 10 mph while riding in a -right-of-way of a residential or business area, a parking lot, or as authorized in KMC 13.40.020(3), or in close proximity of another person(s). (Ord 883) C 13.40.050 Helmets: No person under the age of 18 shall be allowed to ride an off -road vehicle in the City without wearing a helmet which meets safety standards set by the State of Alaska. (Ord 883) 13.40.060 Operator: The -vehicle operator must be able to reach and opergte all controls necessary for safety. (Ord 883) LA 13.40.070 Parental and Guardian Responsibility: (a) When a person under the age of 18 years vio atl es any part of this ordinance, his parent or guardian is also in violation if: (1) the parent or guardian knowingly allows the violation to take place, or (2) the parent or guardian fails to take reasonable precautions to prevent the violation. (Ord 883) 13.40.080 Penalty: A violation of any provision of this chapter shall be punishable by a fine of not more than three hundred dollars ($300.00). (Ord 883) L (City of Kenai Supp. 024 - 9/27/83) L� I KENAI POLICE DEPT@ 197 SOUTH WILLOW ST., KENAI, ALASKA 99811 TELEPHONE 2OW879 TO: Kayo McGillivray] Parks & Recreation Director FROM: Richard Ross• Chief of Police. 1 SUBJECT: Off Road Vehicles Re: City Parks DATE: August 25e 1986 This last summer problems were encountered enforcing the off road vehicle ordinance in city parks. The primary problem was that there was lack of notice that off road vehicle use was prohibited. As we discussed it would be helpful if this prohibition was part of the established park rules posted at the entrance of municipal park. If Beaver Creek park is also an area where off road vehicles are to be prohibited the main entrances there should also be posted. RAR/kdl I s � (7) G- Suggested by: Administration CITY OF KENAI ORDINANCE NO, 1172-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING TWO NEW EMPLOYEE CLASSIFICATIONS. WHEREAS, the City Manager, rather than replacing the Land Manager has promoted two employees to higher -level positions to perform the duties of the former Land Manager; and, WHEREAS, the two positions have been funded in the operating budget and require no further appropriations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(b) be amended as follows: (b) ADMINISTRATIVE SUPPORT 201 Department Assistant 1 3 202 Department Assistant II 7 203 Administrative Assistant 1 8 204 Accounting Technician 1 10 205 Accounting Technician II 11 206 Accountant 16 207 Legal Secretary 1 9 208 Legal Secretary 11 11 209 Legal Assistant 12 210 Administrative Assistant 11 9 211 Administrative Assistant ifl 12 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 1986. ATTEST: Janet Whelan, City clerk Approved by Finance:C94 10/24/86 JOHN J. WILLIAMS, MAYOR First Reading: November 5, 1986 Second Readings November 19, 1986 Effective Date: December 19, 1986 L L 1 Suggested by: City Council CITY OF KENAI ORDINANCE NO. 1173-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 23.50.010(e) TO CHANGE THE PAY RANGE OF THE LIBRARIAN AND SENIOR CITIZEN COORDINATOR. WHEREAS, the City Council has determined that the duties of librarian and Senior Citizen Coordinator pertaining to supervision of personnel, budget control, and department responsibility are similar to those of other department heads in Range 17; and, WHEREAS, the Administration will prepare a funding ordinance, if necessery, to budget for the increases for the balance of the 1986-87 fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(e) is amended as follows: (a) SOCIAL SERVICES 501 Librarian* [141 17 502 Sr. Citizen Coordinator* [141 IZ 503 Parks & Recreation Director* 17 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 1986. .r 0 N J. LIAMS, MAYOR ATTEST: Janet Whalen, City Clerk Approved by Finances CG/.J 10/24/86 A First Reading: November 5, 1986 Second Reading: November 19, 1986 Effective Date: January 19 1987 L E i Cr- i Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1174-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 16.20.020 TO CONFORM WITH CURRENT STATE STATUTORY REQUIREMENTS REGARDING FORECLOSURE OF ASSESSMENT LIENS. WHEREAS, the present KMC 16.20.020 provides that liens upon properties may be enforced as provided in AS 29.53.200 through AS 29.53.390; and, WHEREAS, those statutes have been repealed and are no longer operative. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 16.20.020 shall be amended as follows: 16.20.020 Foreclosure of Assessment Liens: Assessments are liens upon the property assessed and are J prior and paramount to all liens except municipal tax liens. They may be enforced as provided in Alaska Statutes, [SECTION 29.53.200 THROUGH SECTION 29.53.3901 Section 29.45.290 through Section 29.45.500. Upon default in a payment due on an assessment district financed by general obligation bonds, the City Council may enforce payment of principal and interest, and cost of collection in a civil action in the same manner and with the same effect as actions for the foreclosures of mortgages on real property. Foreclosure shall be against all property on which assessments are in default. The period of redemption shall be the same as in the case of mortgage foreclosures on real property. Monies received from actions taken against property for non-payment of assessment shall be credited to 1 I f .. 1 the Sinking Fund. Upon default in a payment due on an ;�1_... assessment district financed by special assessment bonds, a s bond holder or the City Council may also enforce payment of :. principal and interest and coats of collection in a civil action as herein above outlined. PASSED BY THE COUNCIL OF THE CITY OF KENAI# ALASKAp this 19th de i of November, 1986. .,i .. }t JOHN J. WILLIAMS, MAYOR = ATTEST: Janet Whelan, City Clark First Readings November 5, 1986 Second Reading: November 199 1986 Effective Dates December 199 1986 Approved by Finance: e4/1 10/24/86 J w: { .1 .I,'.. .. _. _ .. ... . . . 'l. i i' A ,am Suggested byt Administration CITY OF KENAI ORDINANCE NO. 1175-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $7409013.77 IN THE CAPITAL PROJECT FUND ENTITLED JULIUSSEN, BASIN VIEW, AMES, ANGLER, DOLCHOK, AND BARABARA. WHEREAS, the City has received a $1.1. million grant from the State of Alaska for road improvements and the State has released $385,000 for the 1986-87 year; and, WHEREAS, $320716 of the 1984 State grant for road improvements is unappropriated due to the closing of the Lake/Marine road project; and, WHEREAS, $2049305 of the 1983 State Road Grant No. 2 is unappropriated due to the closing of the Aliak/McCollum Project; and, WHEREAS, $1179993 of the 1985 State Road Grant is unappropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Juliussen Begin View Ames Angler, Dolchok end Bare are Increase Estimated Revenues: 1986 Road Grant $385,000.00 1985 Road Grant 117,993.00 1984 Road Grant 329716.03 1983 Road Grant No. 2 204 304.74 "013.72 L 1 N Increase Appropriationst Administration $ 30000.00 Inspection 699000.00 Construction 6089013.77 Contingency 60.000.00 $7®01 PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 1986. OHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City erk First Readings November 5, 1986 Second Readings November 19, 1986 Effective Dates November 199 1986 Approved by Financese9Q, 10/31 /861 r . 2 �J • [IN • L 1 Cr -q Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1176-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $11,500 IN THE STREET DEPARTMENT FROM FEDERAL REVENUE SHARING FUNDS. WHEREAS, Federal Revenue Sharing Funds have been appropriated for a loader for the Street Department in the amount of $80,000; end, WHEREAS, the Public Works Director desires to purchase an angle blede and forks as attachments to the loader; and, WHEREAS, the Public Works Director also desires to purchase two (2) steel vans for storage at a total cost of $4,700. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Federal Revenue Sharing Fund Increase Estimated Revenues: Appropriation of Fund Balance $110500 1 Increase Appropriations: Transfers to General Fund $110500 General Fund Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund $11,500 Increase•Appropriations: Streets - Machinery do Equipment $11,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of November, 1986. ATTEST: Janet Whelan, City Clerk Approved by Finances 9Q 10/31/86 L JOHN J. WILLIAMS, MAYOR First Readings November 5, 1986 Second Readings November 19, 1986 Effective Dates November 19, 1986 L Y R ctr. kt FENNSULA TION October 21# 1986 Bill Brighton, Manager City of Kenai 210 Fildago Street 4 Kenai, Alaska 99611 BE: Kenai Recycling Center and Transfer Station Dear Sir: The Kenai area is quickly approaching the end of the permited life of the local Landfill. This will greatly impact the users of this facility including the residents of Kenai. We at Peninsula Sanitation are going to be affected by this change, and it is felt that a long term solution should be developed that will efficiently and econimically provide a means of trash removal for the area. yi We believe the time Is right for a new and Innovative approach, and are currently in the planning phase of what we feel Is the best system available. The enclosed sketches depict a simplified version of The Recycling Center and Transfer Station we would like to install/erect on land leased from the City of Kenai. In reviewing City land that may be available, we feel two acres in TR-A directly south of the H.E.A Access Road off of Marathon Road would be an excellent location. It would be out of sight yet close enough that the public would be comfortable bringing their recyclable newspaper, cardboard or aluminum cans to the facility. Photographs of similar sites are available for your further review. Please call me if you need them or any other additional Information. Thank you, j3kCarver Pr si dent SOLDOTNA, PO Box 1209, Soldotna, Ak 99669, 907) 262-1847 HOMER 0 GIRDWOOD . Imo' 'r:.. � . � 1 �i ;EC. 32 T.6IV RJIW, S.B. MO -� 043 36 ; 1 . }; � il t. l _ s ' RM SvB No. RO• pO . ,NE A ACCESf re B PARK 4 rR S S ' f49AC Q .IF Assessor's Map l •AlRp02t Kenai Peninsula Borough, Alaska .I, L 4 4 f f. L L 11 ^ � ~ ~ ' . � . � / ^/ ° ' /] � � ' ^ � 'n / _ 71is 7m" rn it .1b -I 91 0 .CITY OF KENAI %Od ea dal oG 4"„ MORON 001, ALAW NMI TEMPHONE ZA3.7M October 219 1986 MEMORANDUM TO: Mayor Williams and Kenai City Council FROMt Dana Gerstlauer, Administrative AssistantZO- REt Kenai Aviation Services - Jet Fueling Facilities The referenced lessee is currently in default of their lease and has been sent a 30 day notice to quit the premises for not supplying required insurance on the leased area. The lease calls for $5 million public liability insurance and the lessee has provided evidence of $1 million of coverage. A copy of a portion of the lease that involves insurance is attached. The lessee, Kenai Aviation Services, has sent a letter to the City (attached) requesting a reduction in the amount of insurance. This request is forwarded to the Council for consideration. /dg Attachments L IN KFNAI AVIATION SERVICES INC. 330 Main Street Loop Kenai, AK 99611 City of Kenai 14 October, 1986 City Attorney Kenai, AK Dear Sir: In reference to the $5 million public liability insurance required by the lease on the jet fuel facilities on the Kenai aviation apron. Until 1 Oc- tober 1986 we had been provided $10 million in excess of 500 thousand dollar insurance by Cheveron USA. Their Anchorage representative had planned to provide an updated certificate of insurance to you but, effective 1 October 1986 Cheveron sold the Kenai Bulk plant to Alaska Oil Sales. With that trans- fer Cheveron no longer provides the $10 million insurance coverage to us. I have contacted Mr. Earl Billingsley of Alaska Oil Sales and he has informed me that he does not provide additional insurance as Cheveron had done. I have also had my insurance agent check on the cost of $5 million liability coverage. The price quoted was $15,000.00 per year in addition to our cur- rent insurance fees. Our current insurance provides $1 million liability coverage and a certificate of that insurance is on file with the City of Kenai. The business is already operating at a loss. If we must provide the additional $4 million coverage we will be unable to continue to oper- ate the facility. I also understand that the other fuel services on the Kenai Airport are not all required to provide $5 million liability coverage. I, therefore, request that you reconsider this requirement. The low volume of jet fuel sales cannot support such an insurance bill. I request that you reestablish 'the limit to $1 million liability as provided by our cur- rent irsurance policy. • I ;7 W ry V 1I� Sincerely, 0 .a1 Baxter F. Snider President L X .11 r ® SOOK0242PA"E381 e when du default any be made the covenantsnt or any or conditions or j&j1e when due, J�untr�neJ herein, and said default is not corrected within thirty 1says after receipt by User of written notice from City of i f' �etault, the exty may re-enter and take possession of the ,r remove all persona therefrom and upon written notice iter�lnate the permit. 10. All written notices to be given by User to City hereinafter shall until further notice by City, be addressed to tatty at the City bdminletration Building, P. 0. Box 580, Kenai, Alaska 99611. All written notices to be given by the City to user hereunder shall, until further notice from User, be addressed to Usere, Grizzly Aircraft Services, Pouch 720, Kenai, Alaska 99611. All such notices shall be given by depositing the same in the United States mail, postage prepaid, for delivery by registered or certified mail. 11. The uses suthorirod by this permit are subject to any and all of the covenants, terms or conditions contained in the instruments conveying title or other Interest to the City. 12. City shall have the right, at all reasonable times, to enter the premises, or any part thereof, or after notice to the User permit other enter thereon as long as the User's use hereof is not unduly affected. 13. User covenants to save the City harmless from all action, suits, liabilities or damages resulting from or arising out of any acts of commission or omission by the User, its agents, employees, customers, invitees or arising from or out of No User's occupation, or use of the premises or privileges granted. Insurance coverage limits required of User or set Forth below. (a) Public liability insurance protecting both the City and/or its :gents and the User, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $5,000,000 combined single limit (bodily injury and property damage) and aggregate- (b) User agrees to terry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability insurance and Workmen's Compensation shell provide for not less than thirty (30) deye written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d) User agrees that waiver of subrogation agsinet the City shall be requested of User's insurer, and ahaII be provided at no cost to the City. (a) Cross l.iabilitys It is understood and agreed that the insurance a or e y_this policy or policies for more than one named Insured, shell not operate to increase the limits of the company's liability, but otherwise shell not operate to limit or void the coverage of any one named insured or employees of such other named insured. (f) The insurance procured by User as herein required hall be issued in the name of the User and the City by a company licensed to do business in the State of Aleeka, and shall contained endorsements that (1) such insurance me not be cancelled or amended with respect to the City without thirty (30) 3 l Ua USEERR : • L f 7. 0 PGOA02420l4-$2 (--\ :u.s written notice by registered or certified mail to the City inaurance company; and (2) User shall be solely rayponaibls for payment of premiums and that City shall not be -oquired to pay any premiums for such insurance. 14. The User agrees to furnish the City an annual sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold end/or myy other certificate or statement required by the City to wbstantiate the computation of rents or fees. 15. Any or all charges, feee or other consideration which ire due and unpaid at the expiration or voluntary or involuntary ermination or cancellation of this permit shall be a charge igainat the User and its property, real or personal, and the City ihall have such lien rights as are allowed by low, and enforcement by distraint may be made by the City or its wthorized agent. 16. City reserves the right to take, grant and control iasementa in on or above the land used. No such grant or casement will be made that will unreasonably interfere with the laer'a use of the land. 17. This permit is subject to cancellation upon thirty (30) Isya written notice from the City to the User if the User does wt maintain reasonable operations or commits discriminatory lets and such operations or seta are not corrected by User 0ithjn said thirty (30) days. 18. User agrees that City may modify this permit to meet requirements for federal or state grants, or to conform to the requirements of any revenue bond covenant to which the City is party provided that, in the case of modification to conform to the requirements of any revenue bond covenant, the modification shall not act to reduce the rights or privileges granted the User ly this permit nor act to cause the User financial lose. 19. Improvements owned by a User on airport lands shall, within sixty (60) days after the expiration, termination or cancellation of the permit, be removed; provided, that, in the opinion of the City, such removal will not cause injury or damage to the lands; and further provided that the City may extend the time for removing such improvements in application for extension has been made in writing and received within said sixty (60) day period. The retiring User may, with consent of the City, sell its improvements to the succeeding user. 20. If any improvements and/or chattel having en appraised value in excess of $10,000 as determined by the City ere not removed within the time allowed by General Covenant No. 19 of this permit, such improvements and/or chattels shell, upon due notice to the User, be sold at public auction under the direction of the City. The proceeds of sale shall inure to the User who owns ouch improvements and/or chattels after deducting and paying to the City all rents or fees due and owing and expenses incurred in making such sale. In case there are no other bidders at such auction, the City is authorized to bid on such improvements and/or chattels an amount equal to the amount owed to the City by the User or $1.00, whichever amount is greater. The City of Kenai shall acquire all the rights, both legal and equitable, that any other purchaser could acquire by reason of such purchase. 0 4 CITY: USER:r t 1 .J- L t l ,t f( Tim Room GIVAaWMy ...i ... .:jjy • O am o tpW. NASA W 11 1 M39 • F. f •` i Cr CITY Of KENAI CONSENT TO ASSIGNMENT The Assignment from PENINSULA SAVINGS h LOAN ASSOCIATION to 'IRST FEDERAL BANK OF ALASKA, 5.8., dated r Covering the following -described propertyi Lot 1, Block 1, Cook Inlet Industrial Air Park Subdivision, Kenai Recording District, Third Judicial District, State of Alaska Ie hereby ACKNOWLEDGED AND APPROVED, aubject to the some terms end conditions as contained in the original Lease above -described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. Vm'.-3-;-6riqhton City Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this dry of r 1986, WM. J. BRIGHTON, City Manager o�fhe City o ens , eske, being personally known to me or having produced satisfactory evidence of identification. appeared before me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf of said city. Notary u c for Alaska My Commission Expireel L ASSIGNMENT OF LEASE The FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as receiver for PENINSULA SAVINGS AND LOAN ASSOCIATION, an Alaska Corporation, hereinafter called Assignors, for and in consideration of Ten Dollars (010.00) and other good and valuable consideration, receipt of which is acknowledged, does hereby assign, transfer and eat over unto FIRST FEDERAL BANK OF ALASKA, S.B.. an Alaskan Corporation, of P.O. Box 92200, Anchorage. Alaska, 99509, hereinafter referred to as the Assignee, all of its right, title and inter- est in the following described lease and real estate in the Kenai Recording District, Third Judicial District. State of Alaska, Lot One (1). Block One (1), COOK INLET INDUSTRIAL AIR PARK, located in the Kenai Recording District, Third Judicial District. State of Alaska. TO HAVE AND TO HOLD the same unto the said Assignee, its heirsq execu- tors, administrators, successors and assigns, from the date of said lease, subject to and upon the terms and conditions therein and herein set forth, subject to interests of record. C IN CONSIDERATION of this assignment, Assignee does hereby accept the assignment, subject to and upon the terms and conditions set forth in said lease, and Assignee does hereby agree to pay all rentals provided for in the lease and to perform all covenants therein and to hold Assignors harmless thereunder. • IN WITNESS WHEREOF, the said parties have hereunto set their hands this 23rd day of October, 1986. ASSIGNORS/ FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION !J!, F,4-01''11`41 //[A. /i�l: il. Aa.ltl !aC)Iwl�•j teal"i%l,L�+�l�}�ll�l ASSICNEEI FIRST FEDERAL BANK OF ALASKA, S.B. I exace iva Vice President • a r S; It OP= f STATE OF ALASKA ) t. THIRD JUDICIAL DISTRICT ) I THIS IS TO CERTIFY that on this day of October, 1986, before y - me, the undersigned, a Notary Public in and for the State of Alaska, person- r !; ally appeared E. Dee Moreau, known to me to be the Executive Vice President of FIRST FEDERAL SANK OF ALASKA, S.B., who executed the foregoing document on behalf of said Corporation for the purposes therein mentioned. WITNESS my hand and official seal the day and year last above written. , NOTARY PUBLIC AND FOR ALAS -.!'.. My Coomrieaion xpiraer•��dOhsk STATE OF WASHINGTON ) )as. JUDICIAL DISTRICT ) k I THIS IS TO CERTIFY that on this V 7 day of October, 1986. before me, the undersigned, a Notary Public in and for the state of Washington, personally appeared (iT ,7 , known to as to be the of the FEDERAL SAVINGS AND WAN INSURANCE CORPORATION, as receiver for PENINSULA SAVINGS AND LOAN ASSOCIATION, who executed the foregoing document on behalf of said Corporation for the purposes therein mentioned. Y . WITNESS my hand and official seal the day and year last above written. NOTARY PUBLIC IN AND FOR WASHINGTON 4 My Commission Expir091 CC ,. i t. l f ' .I: A JL o' ! OIL I A PARTNERSHIP INCLUDING PROPPSSIONAL CORPORATIONS 420 "V' STarm Sum 301 • ANcHopme. Amu 99501 • (907) 279.8561 October 30, 1986 HAND DELIVERED Ms. Dee Moreau, Executive Vice President First Federal Bank of Alaska, S.B. 813 W. Northern Lights Blvd. Anchorage, Alaska 99503 Re: Assignment of Kenai Branch Ground Lease Dear Dee: As requested, I enclose the Assignment of Lease from the FSLIC as Receiver for Peninsula Savings & Loan Association, to First Federal Bank of Alaska, S.B., of Lot One (1), Block One (1), Cook Inlet Industrial Air Park, Kenai Recording District. The Assignment has been executed by Janet Bogus, Managing Officer and Special Representative of FSLIC as Receiver for Peninsula Savings & Loan Association. The effectiveness of this Assignment is, however, contingent upon approval of the Assignment by the City of Kenai, as Lessor, and upon execution of a Purchase and Sale Agreement, and other necessary conveyance documents to perfect and complete the transfer of the Kenai Branch by the Receiver to First Federal. Very truly yo $, Richard E. McCann REM/jas Enclosure Agreed to bye �-�— cc: Janet Bogus E. Dee Moreau Executive Vice President FIRST FEDERAL BANK OF ALASKA, S.B. %ap ue (Gi-me.RR (907) 276.3108 C�mu ORICES, Beuevue. WANDIGION. Pormwm OREOON • Seam WASHINomm a WASHD+GTON. D.C. r, 4.a C�-13 CONSENT TO ASSIGNMENT The Assignment to FISHERMAN'S PACKING, INC. of that certain lease between the City of Kenai and LOTTIE EDELMAN AND R.L. SCHMIDT, dated January 1, 1979, and recorded at Book 140, Page 809, at seq., for the Kenai Recording District, Third Judicial District, State of Alaska, covering the following described property$ A portion of Lot 8, Section R, T5N, R11N, deeded to the City of Kenai by the State of Alaska, Patent No. 114 dated March 16, 1964, and a portion of the Alaska Tidelands Survey 272 deeded to the City of Kenai by the State of Alaska Patent No. 295 dated January 6, 1977, both portione containing a total of 12.121 acres and identified by the Kenai Peninsula Real Property Assessment Roll as parcel number 049-100-2132. IT IS HEREBY APPROVED, subject to the Game terms and conditions as contained in the original lease above described. This consent is given by the City of Kenai without waiving any right or action, or releasing the individual Assignors, Lottie Edelman and R.L. Schmidt from any liability or responsibility under the aforementioned lease, and does not relieve the Assignee from the condition requiring City approval for any subsequent sublease or assignment. CITY OF KENAI Bys m. J. Briqhton City Manager STATE OF ALASKA ) )ea THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1986, WILLIAM J. BRIGHTON, City Manager or the City o ens , Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expireat T"A Ro*a" CnY of KENAI •oMwo AtNA1. ALAWM1 CONSENT TO ASSIGNMENT - Page 1 203-7M L L 0 1 t .F I 3" 1 tr.se+ ASSIGNMENT OF LEASE On the JJJWL day of Vd*&A, , 1986, for value iceived, the undersigned Aeeignore hereby transfer to ,SHERMAN'S PACKING, INC., hereafter celled the Assignee, all of ieir right, title and interest in and to that certain lease ited January 1, 1979, and recorded at Book 140, Page 809 in the )nai Recording District, wherein Assignor$ are Lessees and the ity of Kenai, Alaska, is Lessor, of the following described reel ropertys A portion of Lot 8, Section 8, T5N, R11W, deeded to the City of Kenai by the State of Alaska, Patent No. 114 dated March 16, 1964, and a portion of the Alaska Tidelands Survey 272 deeded to the City of Kenai by the State of Alaska Patent No. 295 dated January 6, 1977, both portions containing a total of 12.121 acres and identified by the Kenai Peninsula Real Property Assessment Roll ea parcel number 049-100-2132. In consideration of the City of Kenai's agreement to consent o assignment of the above -referenced lease, Lottie Edelman and,,_, I. L. Schmidt, Aeeignore of the above -referenced lease to �- 'isherman's Pecking, Inc., hereby agree to guaranty and act as sureties individually, jointly and severally liable to the City )f Kenai for any obligation arising fro the assigned Lease. o ,' �gnQr m �, Assignor STATE OF ALASKA ) )ee THIRD JUDICIAL DISTRICT ) t THIS IS. TO CERTIFY that on this g day of , 19869 LOTTIE EDELMAN, being personallwn to me Or ev ng produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of,5hp foregoing instrument. %, �� J /IIAAri�lRSil . O 8 Ub.1iC for AlasKt), /;� My Commission Expiresti�_L J ASSIGNMENT OF LEASE - Page i 1{ i STATE OF ALASKA )ee THIRD JUDICIAL DISTRICT ) j THIS IS TD CERTIFY that on this A. day of ,rhal)'en�r i 1996, R. L. SCHMIDT, being personally nown to me of having 1 produced satisfactory evidence of identification. appeared before t; me and acknowledged the voluntary and authorized execution bf the =; foregoing Instrument. I o ary c for Aleeka� p #' My Commission Expireet ; �/ ti b a t I. • 1 y i TIN ROOMS arfOFKENAI ASSIGNMENT OF LEASE - Page 2 L 1 I I �� fi i 4 1 i a; ;:.. 5.S ' t a & - t 9 CITY OF KENAI % od 4 4"", 210 FIDALOO KENAI, ALASKA Mn TE "NONE20.3-M5 MEMORANDUM TO: Councilmembers 'ty of Kenai FR m Rogers, City Attorney ity of Kenai DAOE:October 30, 1986 RE: Phillip Stiffler/Airport Parking Once again, Mr. Stiffler's request for a reduction in insurance is before the City Council. To date, Mr. Stiffler has not signed his lease agreement. He has kept lease payments that would have been required under the lease current up until this last month, when I instructed the Finance Department to refuse payments from Mr. Stiffler until such time as this matter is resolved. The issue of whether or not to have insurance is strictly a policy matter. There is no legal prohibition in the City Code against Mr. Stiffler not having insurance, if that is what the Council so desires. It should be remembered that Mr. Stiffler has been before the Council on several occasions asking for lowered insurance, and at one point, the Council lowered the insurance requirements to $5009000. If the Council wishes to enforce the insurance policy limits it previously set, then the Legal Department is ready to initiate legal action to have Mr. Stiffler remove his bomber from the City of Kenai Municipal Airport. If the Council wishes to waive insurance requirements for Mr. Stiffler, then the Legal Department is ready to redraft the lease accordingly. TR/clf :f P S I ENTERPRISES (907) 283.3078 P.O. Box 5083 Petroleum Sales pkis Kenai, AlasAircraft Leasing 99611.5 z October 22, 1986 210 Fidalgo of Kenai O0r19B6 v w Kenai, AlaskaCiry 99611 FPr Sub - Parkin aircraft ��gs9 t� j ect t Airport P g( ) sets Dear mayor, council memberst �-'• After attending three council meetings - without results- I'm sending this letter. To briefly explain what I ask of the council let me begin with my situation. I own an airplane I wish to park at the Kenai airport. Mr. Rogers (city attorney) is asking I sign a lease agreement obviously intented for air carriers or commercial users. (see page 2 of lease) As explained at the council meetings I wish to be treated as general aviation users are treated in similiar situations. Enclosed please find two different agreements used for air- port parking, one is from Soldotna, the other is from Merrill Field in Anchorage. My suggestion to the council is as fol- lowsf to Structure agreement for general aviation users. 2. Remove insurance policy - this should be a personal choice. OR Lower the monthly tie -down to reflect the actual cost of parking (incl. insurance). Also inclosed you will find a copy of my aircrafts airworth- iness certificate and the FAA requirement that this aircraft cannot be operated for compensation or hire. The message the council is sending out to general aviation is "Don't think you can park your airplane at our airport without entering into a lease of property, insurance and indemnification for the city". If this is how the city intends to deal with -- -- - - --- - general aviation parking don't bother with a seaplane fac- ility or parking, as is now going on at the south end of the i -- - -- - airport. You won't have arty takers. { ' �pectful hilip M. Stiffl r aircraft owner L .� P S I ENTERPRISES (907) 283.3078 P.O. Box 5083 Petroleum Sales pkis Kenai, AlasAircraft Leasing 99611.5 z October 22, 1986 210 Fidalgo of Kenai O0r19B6 v w Kenai, AlaskaCiry 99611 FPr Sub - Parkin aircraft ��gs9 t� j ect t Airport P g( ) sets Dear mayor, council memberst �-'• After attending three council meetings - without results- I'm sending this letter. To briefly explain what I ask of the council let me begin with my situation. I own an airplane I wish to park at the Kenai airport. Mr. Rogers (city attorney) is asking I sign a lease agreement obviously intented for air carriers or commercial users. (see page 2 of lease) As explained at the council meetings I wish to be treated as general aviation users are treated in similiar situations. Enclosed please find two different agreements used for air- port parking, one is from Soldotna, the other is from Merrill Field in Anchorage. My suggestion to the council is as fol- lowsf to Structure agreement for general aviation users. 2. Remove insurance policy - this should be a personal choice. OR Lower the monthly tie -down to reflect the actual cost of parking (incl. insurance). Also inclosed you will find a copy of my aircrafts airworth- iness certificate and the FAA requirement that this aircraft cannot be operated for compensation or hire. The message the council is sending out to general aviation is "Don't think you can park your airplane at our airport without entering into a lease of property, insurance and indemnification for the city". If this is how the city intends to deal with -- -- - - --- - general aviation parking don't bother with a seaplane fac- ility or parking, as is now going on at the south end of the i -- - -- - airport. You won't have arty takers. { ' �pectful hilip M. Stiffl r aircraft owner L .� 16 OPERATING LIMITATIONS i RESTRICTED CATEGORY a - - Make Bo&UFt Model C-97.a Serial No. 52.1183 Reg. No.N}y179 These limitations are part of the Airworthiness Certificate and will be in the aircraft and accessible to the pilot at all times. , !_ - 1. No person may operate this aircraft for other than the purpose of hauling cargo or an operation necessary for the accomplishment of the work activity directly associated with that special purpose. ° d=�No person may operate this aircraft for carrying persona or property for compensation or hire. 3. no person may be carried aboard this aircraft unless he is a flight crew member. a flight crew member trainee, or a person who performs function in the rj an essential connection with special purpose. 4. This aircraft shall not be operated over a densely populated area. •:_ +, t " '•' in a congested airway or near a busy airport where passenger trans- _ port operations are being conducted. k 1 S. The pilot -in -command of this aircraft must, as applicable. hold an Y' appropriate category/class rating; have an aircraft type rating-, "letter � have a flight instructors log book endorsement or possess a - of authorization" issued by an FAA Flight Standards Operations ,i 1 inspector. 6. Carriage of hazardous material is prohibited unless compliance with e't j the applicable regulation in the Code of Federal Regulations 49, Part 17S. is shown. 7. This aircraft must be serviced and maintained in accordance with 1 - .... . _ �- r�Yh. iL• 1 .n�4. �s •,tip 4�•i L�tl 000 0 :.�. — _.•� lac Aviati n Safety Inspector JMfgUr UNITED NTATNN OF AMINIeA DEPARTMENT ORTI� TATION+.PEDERALAVIATIONADMINISTRATION IAL AIRWORTHINESS CERTIFICATE A DATlooerroellD ATION wNros/ MANV- NAM • i• FADTVIIN ADONt/l _ E c PLIONT FNOM TO I d N- BUILOIN JIM4 via/ MODI ATN OP, NAVA eN E O►IRATINO LIMIT ION go \ IANT OF?me CIRTIFIeATI /IONATYN FAAR/► I�NATNIMON 0 O►/NCI NO. Nl%%asO-W A4NMN"......+M ..ANNM MIIMNAYFMpYtlMNIMA IIMMYMIy 1 MIARMMAINM usMIC Ip.woMO. TNH Cl/TIFICATI MVIT R DVI►IAYID IN TNI AICIA FT OI ACODIOANOI I/ITN 1-v l , , 1 •ri�t,L . . 0 3 1� L Z J _ t . .. �} C 3. COSTS AND EXPENSES: Coate and expenses incident to this Issas, Including but not limited to, recording coats shall be paid by Lessee. 4. TREATMENT OF DEMISEt The Lessee agrees to keep the premises ale an and n god o— er at its own expense, suffering no strip or waste thereof, nor removing any materiel therefrom, without written permission of the City. Leases agrees to keep tie -down area surface free from qas, oil or other hazardous materials. S. PAYMENT OF RENTS Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska, 6. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion oa rent or fees when due, or in „ any of the covenants or conditions contained in the Leese or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee ten (10) days to i3 cure such default or defaults, after which if the default is not t' cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons and aircraft therefrom at Lessee's expense. 7. TERMINATION OF LEASE: Lessee may terminate this lease agreement by giving wr tten notice to the Lessor thirty .. (30) days prior to the last date on which Lessee intends to quit the premises. .E; Lessor may terminate this lease agreement by giving written notice not lees than thirty (30) days prior to the date the City desires restitution of the promisee. �A S. UNDERLYING TITLE: The interests transferred, or { conveyed by this Leese are subject to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 9. RIGHT OF INSPECTION: City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 10. INSURANCE: Lessee will, during the term of this lease, procure and maintain comprehensive general liability and fire and extended coverage insurance for the airport, terminal building, and other City facilities at the airport in such amounts and for such.insured coverages as may be reasonably required for the prudent operation of the airport. Lessee will, during the term of this leeee, procure and maintain liability insurance for public liability aviation liability, the leased premises, property damage, bodily injury and death, with contractual liability endorsements insuring all of Lessee's operations under this lease, including its obligations under the indemnity clause in General Covenant 0.10 of this lease. These policies will be with limits not lose ryae than those set forth below. These policies and minimum 1lmita i 01 Nil be opera a. c lease lease .. 1 each a! TIM ROOM } on Attomn i WY OF KINIu ' { �or�re ww.�usuw�sn - ` �1 is -ti asses 2 LESSOR: LESSEE: • i i F LOT NO — SPACE NO NAME ADDRESS �d� u, � { , ,�•tv�„ , TELEPHONE Business 11' Home REVOCABLE AIRCRAFT TIE -DOWN PERMIT 1 ` MERRILL FIELD MUNICIPAL AIRPORT i MUNICIPALITY OF ANCHORAGE The parties agree as follows:' Section 1, Definitions. The following definitions shall apply herein* �+ . A "Municipality means the Municipality of Anchorage �s{. B. "Permittee' means C. "Tie -down Space means tie -down lot space Merrill Field Airport; r+r .' Section 2. Term.This permit shall be effective from the day of ^` 19 until terminated by either party in accordance with Section 5. Section 3. Fees. The Permilleeshall pay to the Municipality a monthly feeduring theterim of this permit inthe w 2e - amount of S . Such lee shall be paid quarterly and in advance without notice or demand at the Office of the Airport Manager. Murrill Field, Municipality of Anchorage, Pouch 6.650 Anchorage. Alaska r 99502.0650. Failure of the Permittee to promptly pay in advance shall subject the aircraft to impoundment in - the manner provided of Anchorage Municipal Code 11.60.090. including the imposition of impoundment and :.. storage fees Section 4. Aircraft Identification. The aircraft which the Permittee may park at the tie -down space pursuant to this permit is described as follows A. Type: . B. Model: C. Number: The Permittee shall not place or allow another to place any aircraft other than the one described above at the tie -down space without first presenting proof satisfactory to the Airport Manager that the Permittee owns it and amending this section to reflect such change. Section 5. Termination. Either party may terminate this agreement for any reason upon ten days written ` notice to the other party Upon termination. the Permittee shall receive a prorate refund of the rent paid pursuant to Section 3. The Permittee shall remove the aircraft from the tie -down space no later than the effective dale of termination. Thereafter, the Municipality may remove and store the aircraft at the expense of the Permittee in accordance with Anchorage Municipal Code 11.60 090. Section 6. Liability. The Permittee shall defend. save, hold harmless, and indemnify the Municipality from any claim or action for injury to persons or property from any cause related to the Permittee's use of the tie -down space. The Permittee shall hold the Municipality harmless for any damage sustained to the aircraft parked in the tie -down space or to any other property of the Permittee or to the Permittee from any cause other than the 1 sole negligence of the Municipality. Section 7. Permitted Use. The Permittee shall use the tie -down space for no purpose other than non- commercial storage and parking of aircraft. The Permittee shall not use the tie -down space nor permit another to use the tie -down space for any purposethat may constitute a nuisance, fire hazard, or violation of any law• lawful order, rule. or regulation of the Airport Manager. Section S. Assignment. This permit may not be assigned and any attempt by the Permittee to do so shall be null and void. If the Permittee transfers title to the aircraft described in Section 4, the Municipality shall, upon request of the Permittee, transfer this permit to the person to whom title of the aircraft has been transferred, provided that the transferee executes a permit for the tie -down space in his name at that time. Section 9. Sale use of the Tie -Down Space. The Permittee shall use the tie -down space in a safe manner by adequately securing the aircraft when it is stationary and by moving it to and from thetie-down space in asafe manner. Section 10. Jurisdiction. Any civil action brought by either party under this permit shall be commended and maintained in the District or Superior Court. Third Judicial District. Anchorage, Alaska. Section If. Integration. This instrument and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms. conditions or obligations other than thosecontained herein; and this agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. Section 12 Compliance with Law. Permitteeshall take action pursuant to this permit only in accordance with all applicable statues, ordinances, rules. regulations and laws and acknowledges in particular the applicability of Chapter 11.50 of the Anchorage Municipal Code to activities at the airport. Dated at Anchorage. Alaska, this day of . 19 . MUNICIPALITY OF ANCHORAGE PERMITTEE AIRPORT MANAGER Name: 6SEW IWr coati �l� 1 NOTICE A CORRECTION HAS BEEN MADE IN THE FILMING OF THE PRECEDING DOCUMENT(S) TO ASSURE LEGIBILITY. THE REPHOTOGRAPHED IMAGES) APPEAR IMMEDIATELY HEREAFTER. M 1 1 LOT NO ---SPACE NO NAME. % rt` •'. .�ltt ADDRESS TELEPHONE Business 1 a f f I F Home REVOCABLE AIRCRAFT TIE -DOWN PERMIT MERRILL FIELD MUNICIPAL AIRPORT !'t MUNICIPALITY OF ANCHORAGE i The parties agree as follows 4 Section 1. Definitions. The following definitions shall apply herein:% . A "Municipality means the Municipality of Anchorage. B. "Permittee" means C. "Tie -down Space' means tie -down lot space Merrill Field Airport. r=+ Section 2 Term.This permit shall be effective from the day of 19 until terminated by either party in accordance with Section 5. Section 3. Fees. The Permittee shall pay to the Municipality a monthly fee during the term of this permit in the amount of $ . SuCh fee shall be paid quarterly and m advance without notice or dernand at the .Q: I office of the Airport Manager. Merrill Field. Municipality of Anchorage. Pouch 6-650. Anchorage. Alaska 99502-0650. Failure of the Permitlee to promptly pay in advance shall subject the aircraft to impoundment in the manner provided of Anchorage Municipal Code 11.60.090, including the imposition of impoundment and storage fees Section 4. Aircraft Identification. The aircraft which the Permittee may park at the tie -down space pursuant to this permit is described as follows: A. Type: . B. Model: . C. Number. . The Permittee Shall not place or allow another to place any aircraft other than the one described above at the tie -down space without first presenting proof satisfactory to the Airport Manager that the Permittee owns it and amending this section to reflect such change. Section S. Termination. Either party may terminate this agreement for any reason upon ten days written notice t0 the Other party. Upon termination, the Permittee shall receive a prorata refund of the rent paid pursuant to Section 3. The Permittee Shall remove the aircraft from the ue-down space no later than the effective date of termination. Thereafter. the Municipality may remove and store the aircraft at the expense Of the Permittee in accordance with Anchorage Municipal Code 11.60090. Section 8. Liability. The Permittee shall defend, save, hold harmless. and indemnify the Municipality from any claim or action for injury to persons or property from any cause related to the Permittee's use of the tie -down space. The Permittee shall hold the Municipality harmless for any damage sustained to the aircraft parked in the tie -down space or to any other properly of the Permittee or to the Permittee from any cause other than the sole negligence of the Municipality. • Section 7. Permitted Use. The Permittee shall use the tie -down space for no purpose other than non - Commercial storage and parking of aircraft. The Permittee shall not use the tie -down space nor permit another to use the tie -down space for any purpose that may constitute a nuisance, fire hazard. or violation of any law. lawful order, rule, or regulation of the Airport Manager. Section 8. Assignment. This permit may not be assigned and any attempt by the Permittee to do so shall be null and void. If the Permittee transfers title to the aircraft described in Section 4. the Municipality shall, upon request Of the Permittee, transfer this permit t0 the person to whom title of the aircraft has been transferred, provided that the transferee executes a permit for the tie -down space in his name at that time. Section 9. Sale use of the Tie -Down Space. The Permittee shall use the tie -down space in a sale manner by adequately securing the aircraft when it is stationary and by moving it to and from the tie -down space in a safe manner. Section 10. Jurisdiction. Any Civil action brought by either party under this permit shall be commended and maintained in the District or Superior Court, Third Judicial District. Anchorage, Alaska. Section 11. Integration. This instrument and all appendices and amendments hereto embody the entire agreement of the parties. There are no promises, terms. conditions or obligations other than those contained herein; and this agreement shall supersede all previous communications, representations, or agreements, either oral or written, between the parties hereto. Section 12. Compliance with Law. Permittee shall take action pursuant to this permit only in accordance with all applicable statues, ordinances. rules. regulations and jaws and acknowledges in particular the applicability OI Chapter 11.50 of the Anchorage Municipal Code to activities at the airport. Dated at Anchorage. Alaska, this day Of . 19 . MUNICIPALITY OF ANCHORAGE PERMITTEE AIRPORT MANAGER Name: 63-MIR" iuear X • 7 4 SOLDOTNA MUNICIPAL AIRPORT AIRCRAFT TIEDOWN USE PERMIT AIRCRAFT N0. TIEDOWN N0. In consideration of the mutual promises and covenants herein, the City of Soldotna, hereinafter called the "City," whose address is P.O. Box 409, Soldotna, AK 99669, and hereinafter called the "Permittee," whose address Is do hereby enter Into an agreement for Permittee to t e own aircraft at Soldotna Municipal Airport. Section 1, Premises This permit is for the use of Tiedown Lot No. ► located at Soldotna Municipal Airport in the City of-Soldotnae Section 2. Authorized Uses This permit is issued for personal or business use of aircraft, but not for purposes of carrying freight or passengers for hire. Section 3. Term The term of this use permit shall commence on ► 1986 and end at. midnight on June 30, 1987. Section R— Permittee shall pay to City rent for the use of the premises $ plus tax for the term of this agreement. Rent s a e made in a single payment upon execution of this agreement, receipt of which is hereby acknowledged. Section S. Fueling Operations Aircraft fueling operations and the sale of fuel are prohibited on Soldotna Airport property except at commercial lease lots where such services are specifically authorized in compliance with building and fire codes. Use of tiedown lots for fueling operations is prohibited. Section 6. Assignment Permittee may assign this use permit provided the assignee agrees to comply with all terms of this permit and written approval is secured from the City. Approval by the City shall not be 9/10/86 L L . 0 l� Y �a C CITY OF SOLDOTNA AIRCRAFT TIEDOWN USE PERMIT unreasonably withheld unless there is clear and convincing evidence that the assignee will not comply with the terms of this permit. Section 7. Compliance with Applicable Law and Regulations Permittee covenants to comply with all applicable federal, state and local laws, regulations and orders now in effect or which may be promulgated relating to safety and use of the airport facilities. Section S. Substitution Permittee understands and agrees that the City may require relocation and substitution of another tiedown lot during the normal course of airport improvement or maintenance operations. in such circumstances, the City shall provide at least fourteen (14) days' notice for the Permittee to relocate aircraft to an alternate tiedown location. Section 9. Indemnification Permittee agrees to indemnify and hold harmless, the City, its agents, officers and employees from and against all claims, causes of action, liability, judgments, losses, and expenses, brought for or on account of any personal injury, death or property damage sustained by any person or property, arising out of, incident to, or in connection with the Permittee's use of the premises or its.operations at, or in connection with the Airport, except that the City shall pay the portion of any such judgment which corresponds to the percentage share of fault or responsibility for the judgment attributable to the City, its agents, officers or employees. Section 100 Cancellation by Permittee If Permittee quits this use permit, he will be liable for the full rental value for the term of this use permit until a new Permittee is found. Section 11. Termination The City may cancel this permit and recover possession of the premises by giving the Permittee thirty (30) days' prior written notice upon the happening of any of the events listed below, unless the breach is cured within said thirty (30) days: The Permittee's failure to pay the rent specified in this use permit or the rent specified for any renewal terms 2 L. L 9/10/86 7 71. - . C t C\ CITY OF SOLDOTNA AIRCRAFT TIEDOWN USE PERMIT (b) The use of the Premises by the Permittee for any purpose not authorized in this use permit= (c) The failure of the Permittee to perform or comply with any provision or term of this permit; (d) The filing of a petition in bankruptcy by or against v - the Permittee, other than a reorganizations • (e) The entry by any court of a judgment of insolvency } against the Permittee; or (f) The failure to pay local property or sales taxes. ` Section 12. Vacation At the expiration, cancellation or termination of this use - permit, the Permittee must peaceably and quietly vacate the premises and return possession to the City. The premises must be ,. left in a clean, neat, and presentable condition to the satisfaction of the City. Section 13. Rental Rate for Renewal Terms The rent for the Permittee's use of the premises may be increased `< on September 1 of any year, if the City's annual premium for airport liability insurance exceeds $42,000. In such circumstances, the increased annual premium shall be prorated 7 among and allocated to the following airport users: 20% to the City; 40% to long term permittees on a square footage basisl and, ;.. 40% to annual and transient aircraft tie down space users. The amount of airport liability insurance required shall be subject to the sole determination of the City. In the event the City cannot procure insurance coverage in policy limits necessary to 4..:.. adequately protect its taxpayers, the airport shall be closed, R without any liability to the City, on twenty-four hours' written notice to the Permittee. 'r• _ r Section 14. Entire Agreement/Modification This Agreement constitutes the entire Agreement between the ' parties with respect to subject matter hereof, and all prior 3 negotiations, understandings, and contracts are superseded and replaced by this use permit and shall be of no further force or effect unless reduced to writing, signed by both parties and expressly made a part of this Agreement. 1 LL , 3 9/10/86 4.: 1. i 1 r- CITY OF SOLDOTNA AIRCRAFT TIEDOWN USE PERMIT 4 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names on the day of 198 PERMITTEE: CITY OF SOLDOTNAt BY: BY: Richard Underkofler City Manager ATTEST: City Clerk STATE OF ALASKA So* THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of 198 before me the unders fgned, a Notary Public in and for the Sa e of Alaska, personally appeared to me known to be the person(s) described in an who execute e foregoing Instrument and acknowledged to me that they signed the same freely and voluntarily for the uses and purposes mentioned. Notary Public for the State of Alaska My Commission Expires: 9/10/86 r - . - - A- - - - - F lk Iva 51" ti" P cc %0 w In r4 cc P MA I A 'v,41 CD 99 cz C2 am CD P4 1-4 OP P4 04 A CP 114 fn r-I Co v-4 os, r4 3 dp Zd to V. 1 04 It 0"o 14 i as 10 ; 4 Co wo co 0 JI, %0 Aj:' I 9, 4 1 �- Public 'NO$9Ce Cl- - r s "� ®f Appiic�ti®� of Enginssro Alaska 0181dot Regulatory Branch for Permit Post Office Box 898 Anchorage, Alaska 99506-0898 FOR COU1:6rL 1116ETIRG OF ��+/yG alCity higr. --0 Attorney i'ublic Works --0 City Clerk ---jJ F6,g OriQlaal To.G Submltt0 By-L..: Council dK D-No i j ees ck--- PUBLIC NOTICE DATE: October 2, 1986 EXPIRATION DATE: October 31, 1986 REFERENCE NUMBER: 1-860689 WATERWAY NUMBER: Kenai River 178 . Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan. APPLICANT: Mr. Chris A. Garcia, Box 203, Kenai, Alaska 99611 telephone yU -1731. LOCATION: The horseshoe end at the river bend of the Kenai River. pprox mately at latitude 6093215111, longitude 15100916011, section 10, Re 11 We, T. 5 N., S.M. WORK: The applicant proposes to set four anchors for four permanent commercial mooring buoys in'the river. The anchors will be remdved in the winter montns. PURPOSE: To moor commercial fishing and other vessels. WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a cert ca on or waiver of certification as required under Section 401 of thi Clean Water Act (Public Law 96-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal Zone Management Act of 1972, as amended by 16 U.S.C. 1456(c)(3), reouires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider tnis application. Requests for public hearings shall state,. with particularity, the reasons for holding a public hearing. rIN /,1 / S �� F rN� �14 ,N Gf =�`ti OCT 19se �, 0 -Xf s Qoa Htt;-ltlt� C t4 T l )U G; A . 4;it7 of Kellal �GvN''� rt�' �oSsi�1/ w•s--�-s Dept. L tt •a ., i �i l l , 4 = CULTURAL RESOURCES: The latest published version of the National Register Historic of Places has been consulted for the presence or absense of .,. registered properties, or properties listed as being eligible for inclusion ? therein and this worksite is not registered property or property listed as being •: eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the - District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or J historical data may be lost or destroyed by work under the requested permit. 1 _. ENDANGERED SPECIES: The project area is within the known or historic range of the eeregrine falcon. Preliminarily, the described activity will not 1 affect endangered species, or their critical habitat designated as i.. endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife - - Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their ' •� critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may !! use a project area: Sockeye Salmon, Chinook Salmon, Coho Salmon, Black 1 Brant, Lesser Canada Goose, Lesser Snow Goose, White -fronted Goose, Bald Eagle, Trumpeter n . =... Swan, Tundra Swan, Mallard, Canvasback Duck, Lesser Sandhill Crane, Arctic Peregrine and American Peregrine Falcon. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include ;. conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weigning of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: The project is located within the Kenai River Special Management Area. ' EVALUATION: Tne decision whether to issue a permit will be based on an ��. eval7ati—on of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation -. ` of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become - relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and ' if, so the conditions under which it will be allowed to occur, are therefore - - -- --- determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must }, be considered including the cumulative effects thereof. Among those are `conservation economics, aesthetics, general environmental concerns, ` wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, • n 4 recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For ;1 }; activities involving 404 discharges, a permit will be denied if the L kJ li i i'. }' { - j ;i . };t; f ik. k:. 1; << is Attacnments 1 discharge that would oe authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would ne contrary to the public interest. AUTHORITY: This per will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States - Section 10, River an Harbor Act 1899 (33 U.S.C. 403). Comments on the described work, with the reference number, mould reach this office no later than the exairation date of this Public Notice to become part of the record and be considered in the decision. If further information is Desired concerning this notice, contact Mrs. Jeanne L. Hanson at (901) 763-2712. A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, ana Notice of Application for State water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers L i i� OFFICE OF THE GOVERNOR ,• r 7i f` OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORDINATION _ SOUTHEAST REGIONAL OFFICE 431 NORTH FRANKLIN P.O BOX AW, SUITE 101 - 4 -- JUNEAU, ALASKA 99811-0165 PHONE: (907) 4656=2 REGISTERED MAIL RETURN RECEIPT REQUESTED Mr. Chris Garcia P.O. Box 203 Kenai, AK 99611 Dear Mr. Garcia: F 81U SHEFFIEW, GOVERNOR I4 CENTRAL OFFICE 1 P.O. BOX A W JUNEAU, ALASKA 99811-0165 PHONE: (907) 465.3562 SOUTHCENTRAL REGIONAL OFFICE NORTHERN REGIONAL OFFICE 2600 OENALI STREET 675 SEVENTH AVENUE r SUITE 700 STATION H i ANCHORAGE, ALASKA 99503.2798 FAIRBANKS. ALASKA 99701.4596 PHONE: (907) 274.1581 PHONE: (907) 456,3084 October 28, 1986 It SUBJECT: KENAI RIVER 178 STATE I. D. NO. AX861003-05A :- The Division of Governmental Coordination (DGC) is currently conducting a review of your project for consistency with the Alaska Coastal Management Program (ACMP). During the review, the Department of Environmental Conservation (DEC) and the Department of Natural Resources, Division of Parks and Outdoor Recreation (DNR/DPOR) have requested additional information. DEC wrote to }= you on October 14, 1986, and received your response dated :I October 20, 1986% Yesterday, DEC and DNR/DPOR requested more information. Both have indicated that they require more informa- tion before they can complete their review of your project. i - The reviewers are concerned that the -buoys (and boats moored on them) could obstruct traffic, interfere with recreational use of the river, and interfere with other boaters at the Kenai boat launch. In addition, the Kenai River Special Management Area Plan recommends that commercial mooring buoys not be permitted above the bridge. While the reviewers recognize that you have moored boats on the river in the past, they acknowledge the value of minimizing the number of commercial moorings for purposes of public access on the river. Therefore, the agencies requested the following: '- 1. Originally, DNR/DPOR understood that you were applying for only one buoy for your own fishing boat. How many of your own personal boats do you plan to moor at that location? C� .0 Is U - _1 _ a Mr. Chris Garcia 2 Kenai River 178 State I.D. No. AK861003-05A October 28, 1986 2. Last year you apparently did not moor any boats at that location Why can you not continue to moor boats at the location you used last year? Space for commercial vessel moorage is available in the Kenai Boat Harbor. Why would that moorage not serve your needs? 3. If a permitted buoy is required, would you consider mooring more than one boat on the same buoy? 4. How wide would the swing of the anchor line be, t"•. 3` including the length of the boats? How long are the boats? 5. A boat moored on the buoy in front of your lot would be closest to the Kenai Boat Launch. How close could that boat swing to the launch ramp? Could you place the buoy so that it wouldn't interfere with the launch area? 6. You indicated in your plans that the typical water depth over each anchor is 8 feet at mean low low water (MLLW). Could the boats flat out at MLLW? As per 6 AAC 50.110(b)(6), I am extending the review schedule. Please send your responses to me at DGC, with copies to: Mr. Tim Rumfelt Department of Environmental Conservation 437 'El Street, Suite 200 Anchorage, AK 99501 and, • Ms. Sue Millington Department of Natural Resources Division of Parks and Outdoor Recreation P.O. Box 1247 Soldotna, AK 99669 As soon as DEC and DNR/DPOR have determined that the information is adequate and complete, the review will be restarted. Thank you for your cooperation with the ACMP. Sincerely, * -1Ii-tI7)-,I� Louisa B.RandJ Project Coordinator P te r"r 2, r MEMORANDUM TO: Mayor Williams and City Council FROM: Janet A. Loper, Planning Specialist 01 SUBJECT: Info Item 14 - Public Notice, Corps of Engineers Application for Permit to Set Mooring Bouys DATE: October 15, 1986 The Kenai Peninsula Borough has long reviewed the issue of mooring bouys in both the Kasilof and Kenai Rivers, including input from commercial fishermen and recreational river users. As a result of the review, the Borough has made recommendations which are contained in the Kenai River Plan. One recommendation in.particular deals with mooring bouys in the Kenai River and states in pabt that, as a result of input from commercial and recreational fishermen, mooring bouys are not recommended for the River above the bridge for several reasons, one of which is the availability of anchor and mooring facilities in the mouth of the river, the second reason being one of the high traffic on the river by a varied group of river users complicated by the swift water and narrow channels. This differs from the Kasilof River in that there is no facility available to handle the mooring or docking of boats at the mouth as there is in the Kenai River. The second consideration is that the application depicts only one mooring bout', but the verbiage is requesting four bouys with a capability of up to 6 boats tied to the bouys at any given time, at a very narrow bend in the river. The fourth bout' appears to lie directly at the mouth of the Cunningham Park boat launch according to one drawing. It He been learned that the Kenai Peninsula Borough Planning staff has reviewed this application at length, and at their meeting next week, plan to recommend denial of the bouys based on the criteria stated above. The Kenai Advisory Planning 6 Zoning Commission has discussed a meeting with the Borough staff at some point in the future to establish a joint policy regarding mooring bouys in the Kenai River as the crowded conditions in the Kasilof River have raised the issue. L e _ `P CITY OF KENAI „od edpdal o/ 4" 210 FlDALGO KENAI, ALA8KA M11 TELEPHONE M - 7635 October 319 1986 MEMORANDUM TOt Mayor John Williams and the Kena,_City Council FROM: Randy Ernst, Airport Manager REs Ryan Air's request to lease the old AAI office space at the airport terminal Ryan Air's request for AAI's old office and counter space will be subject to a first right of refusal by SouthCentrel Air (SCA). SCA had requested a portion (the counter) of the old AAI apace in a letter to me during the AAI bankruptcy proceedings. SCA will be asked to either continue at their present location or vacate it and move into the old AAI office and counter apace. Ryan Air has agreed to occupy whichever office is left vacant. RE/dg 0 0 7 1 International Business Plaza 1206 E. International Airport Road, Suite.201 Anchorage, Alaska MIS 907'682.2227 October 29, 1986 • r i Mr. Randy Ernst Airport Manager City of Kenai, 210 Fidalgo St. Kenai, Alaska 99611 Dear Mr. Ernst; Please find enclosed a copy of your airport lease agreement submitted in favor of Ryan Air service, Inc. As you can see we have filed - for the old AAI facilities at your airport. For your information we will be more than willing to exchange the AAI space for the SCA counter and offices if SCA would prefer the larger AAI offices. As you know we would like to take possesion as soon as possible to enable us to start our projected November 15 start date. We appreciate all of your help and co-operation you have tendered and look forward to a pleasent working relationship with yourself and the City of Kenai. If your have any questions please feel free to contact either myself or John Eckels, our V.P. Fianance. Thank you for your rapid consideration of this matter. Sinoerly yours, E•P�eS�G Phil H versten Director of Stations Ryan Air Service, Inc. Anchorage, Ak. L 7 C - is - - - - -- - 0n..fhP-antral Air _ i..,. � 4 tem. N o � ose�994£2� w I June 24, 1986 c Mr. Randy Ernst ._V _ { Airport Manager -- . - City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Dear Randy: As discussed in our phone conversation last week• I Southcentral Air's interest in would like to express obtaining a portion of the Kenai Airport terminal area that is currently leased by Alaska Aeronautical. While I understand that this lease is currently in the it is my hope that the `# hands of the Bankruptcy Court, City of Kenai will be prompted to petition the court for a release concerning this matter to our mutual benefit. Thank you for your assistance. Sinc rely, Dian L tedt a 1 ii !�, • u �j (7 .1 .t TIM ROGEN onAMWV Cm of KE" .o"W .,,w, NAld 90e10 Mrs" LEASE Of AIRPORT FACILITIES THIS AGREEMENT, entered into this day of , 1986, by and between the CITY OF KENAI, L� t y Hell, 210 Fi gee o Street, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and individually, and RYAN AIR SERVICE, INC., eat international Airport Road, Anchorage, Alaska 99518, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: Office apace and ticket counter apace, first floor, terminal building, Kenai Municipal Airport, Kenai, Alaska A. PURPOSE: The purpose for which the Lease is issued ist Office space and ticket counter space for passenger transportation by air and related functions of aircraft operations/ticket sales 8. TERM: The term of this Leese ie for 2 yeera and 7-1/2 months, commencing on the 15th day of November, 1906, to the 30th day of June, 1989. f -. C. RENTAL PAYMENTt The rental specified herein shall be�- payable as followat 1. Right of entry and occupancy is authorized as of the 15th day of November, 1986. Annual rental for this space shall be computed at $1.65 per square foot per month for 560 square feet of terminal apace, plus 15% of the above rentals as a baggage room and equipment use fee, for a total of $13,051.20 per year, including sales tax. If the annual rent exceeds $2,4001 then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pey rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. The amount of rents or fees specified herein shell be subject to increase booed on the per square foot rate set by City Council effective July 1, 1988- 3. In addition to the rents specified above, the Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided, (a) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (b) Interest at the rate of eight percent (8%) per ennum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. '\J LCA-1 L LESSOR, 3 LESSEE, { A 7 n Tim ROGERS an AnOWIT CnY O/ KENAI . m o owo ■twu, ,.u„u wa1 tetatw D. GENERAL COVENANTSs 1. USESs Except se provided herein, any regular uee of lands or—fecilitiee without the written consent of the City is prohibited. This prohibition Shall not apply to use of areas designe•-d by the City for specified public urea, such no passenger terminala, automobile parking oreaa, end streets. 2. USES NOT CONTEMPLATED PROHIBITEDt Solicitation of donations or -The promotion or operation any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTINGs Lessee with City's prior written coneen , wnlan will not be unreasonably denied, may ensign, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased pp remises shall assume the duties and obligations of the Lessee es to ouch part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSESt Coate and expenses incident to this lease, nc u Mg u not limited to, recording costa shall be paid by Lessee. S. TREATMENT OF DEMISEt The Lessee agrees to keep the premises clean an ,OF order at its own expense, allowing no damage, waste, nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the promisee to the City. 6. PAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction e6-all be neat and presen ab a an compatible with its uses and surroundings. The coat of any additional improvements to the terminal apace shall be at the leases's expense. 8. DEFAULT RIGHT OF ENTRYs Should default be made in the payment of any portion of the rant or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall by written notice give Lessee thirty (30) days to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take posee anion of* the premises, and remove all persons therefrom. 9. LEASE UTILIZATIONS Leased space shall be utilized for purposes witnin tne Scope of the application (made a part of this Lease and attached hereto) the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. 10. CONDITION OF PREMISES: The premises domieed herein are unimproved and are leased on an "as is, where is" basis. LCA-2 LESSOR: LESSEES L W . L N I ij r I. 1 nM ROGIRe dA AnOtMV Cnv OF MAI ► O qn V0 NX4 MA —gull MY&W 11. OFFER TO LEASE ACCEPTANCE: The offer to lease Le made subject o app ce on Iowa an regulations of City, and +ay be withdrawn without notice at any time after thirty (30) iays from submission thereof, unless within such thirty (30) days .he Lessee executes and returns the lease to the City. 12. UNDERLYING TI1LEt The interests transferred, or lonveyed by this es se ace au sect to any and all of the Qovenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 13. RIGHT OF INSPECTION: City shell have the right at all reasonable times to en or the premises, or any part thereof, for the purposes of inspection. 14. INDEMNIFICATION: Lessee will indemnify, save harmless and defend a City, its officers, agents and employees from liability of any nature or kind including costs and expenses for or on account of any and all legal actions or claims of any character whatsoever resulting from death or injury to any person(s) or damage to property to the extent caused byy any wrongful error, omission or negligent act of Lessee arising out of this lease. 15. INSURANCE: Lessee will, during the term of this lease, procure an ma n ain comprehensive general liability and fire and extended coverage insurance for the airport, terminal building, and other City facilities at the airport in such amounts and for ouch insured coverages as may be reasonably required for the prudent operation of the airport. Lessee will, during the term of this lease, procure and maintain liability insurance for public liability, aviation liability. the leased premises, property damage, bodily - injury and death, with contractual liability endorsements insuring all of Lesoee'e operatione under this lease, including its obligations under the indemnity clause in General Covenant 0.14 of this lease. These policies will be with limits not less than those set forth below. These policies and minimum limits will be consistently applied to ell air carriers with similar operations and will be consistent with prudent airport industry practices and this Lease. Within 30 de s after Si nin this lease. Lessee will make a wr en repot a he y e a g Insurance Coverages Minimum Limits Airline/aircraft/airport public !lability insurance or equivalent insurance $1 million per seat* With the following minimum limits regardless of seat capacity or cargo configurationt for propeller aircraft $10 million -- for jet aircraft $20 million *Based on the largest seating capacity reported by Lessee as descr�n General Covenant D.15 in an aircraft operated by Lessee at the airport. All policies of Insurance must be in a form and from s company Satisfactory to the City. Each policy must provide that it may not be cancelled or materially changed dur its term without at least 30 days advance written notice to the City. LCA-3 L LESSOR: LESSEE: I 4 L,' L k j' , ,i N - j s i �F f r) s .. .. TIM ROGERS uar •newer - Cnr OF KMM i roa•w tIhM. ALAS"0961a .. astir I: 'g j A certificate certifying coverage of required Ineurence must be delivered to the City within 30 days of the affective date of this Lease. Where any such policy has a normal expiration luring the term of this Leese, Lessee will provide a certificate ar satisfactory written evidence of continued coverage prior to such expiration. Within 10 days prior to the effective date of any cancellation or reduction in the amount or extent of insurance coverage, Lessee will deliver to City a certificate or aetlefectory written evidence certifying coverage that reinstates ar otherwise provides at least the required insurance coverage. The failure by either party at any time to enforce the provisions in this section will not be construed as a waiver of these provisions and will not reduce their obligations under this Lease. Lessee and City agree to waive their respective rights of recovery or claim against the other for any loss or damage to the premises, the terminal building or their contents (excluding aircraft) resulting from fire or other "all-risk" insurable property hazards caused by the other. Notwithstanding General Covenant 0.14, any fire or "all-risk" property insurance policies carried by either party will include a waiver of subrogation clause waiving any rights of subrogetion against the other party to this Lease. Lessee agrees that every insurance policy required under General Covenant D.15 will include an endorsement naming the City as an additional insured to the extend of City'e indemnified interest under General Covenant 0.14. Each party will give the other party prompt and reasonable notice of any claim or action involving this Lease. 16. COLLECTION ON UNPAID MONIES: Any or all rents. charges, fees, or other consideration whicF7 are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee end Lessee's property, real or personal, and the City shell have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 17. LEASE SUBORDINATE TO FINANCING REQUIRENENTSa Lessee agrees a y may modify e ease o mee revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privilegee granted the Lessee by this Lease, nor act to cause the Lessee financial lose. 18: SURRENDER ON TERMINATIONa Lessee shall, on the lest day of the term of this Lease or upon any earlier ter- mination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the lest neceeeary repair, replacement, restoration or renewal, free and clear of all Isltinge and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the and of the term of this Leese or any earlier termination thereof, title to the buildings, improvements and building equipment shell automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same end shall pay any charge, tax, and fee asserted or imposed by any and all governmental unite in connection herewith. LCA-4 LESSOR, LZ%fi_ LESSEE L 7 T:M ROOM On 1 "Oft P CITY OF MMU rososo nwu. ftAW "611 Mn" 19. RULESs Lessee shall obeerve, obey, end comply Iith all spplicFFi5 rules, etc., of the State or Federal tovernmente. 20. AIRCRAFT OPERATIONS PROTECTED; (a) There is hereby reserved to the City, its successors and assigne, for the use and benefit of the public, a right of flight for the passage of aircraft In the airspace above the surface and all improvements approved by the City of the promisee herein conveyed, together with the right to cause in said airepece ouch noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace for landing at, taking off from, or operating on the Kenai Airport. 21. RIGHT TO EN30YNENT AND PEACEABLE POSSESSIONS City hereby agrees an covenants e e Lessee, upon PayXn cent and performing other covenonto, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premiaes, except that any inconvenience caused by public works projects in or about the leasehold premises shell not be construed as a denial of the right of quiet or peaceable possession. 22. LESSEE TO PAY TAXESt Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax levying body, upon any taxable posseory right which Lessee may have in or to the property by reason oesf its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee frt contesting any increase in such tax or assessment through procedures outlined in State otatutes. 23. SPECIAL SERVICES: Lessee agreee to pay City a reasonable charge or any spec al services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 24. NO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood a e y e a not oe construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties hereto is, and shell at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY ETC.: If the Lessee shell make any assignmentor he ens or creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Leeeee or Lessee's assets, or any interest under this Lease, and if the appain�ment of the receiver ie not vacated within thirty (30) day a, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 26. NONOISCRIMINATIONt The Lessee, for himself, his heirs, personal representatives, successors in interest, end assigns, as a part of the consideration hereof, doea hereby covenant and agree as a covenant running with the land, thatt (a) No person on the grounds of race, color, or national origin shell be excluded from participation !n, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; (b) In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or LCA-5 LESSOR t� LESSEE: L L w .i., t 7• = tl i j. 'f t i A k i� TIM ROOM OIV ARWMV an, of Nt" . 0 Sol W YlIAI A1A7lA"611 M?Sv 1 national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (a) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulstione, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursueant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-essiated Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 27. PARTIAL INVALIDITY: If any term, provision, condition, or part of this ease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. 28. MODIFICATIONS: No lease may be modified orally or in any manner other an by an agreement in writing, signed by all parties In interest or their successors in interest. Any such modification shall require Council approval. 29. WARRANTY: The City does not warrant that the property which ai -Ege subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 30. COMPLIANCE WITH LAWS: Lessee shall comply with all applicable laws, ordinaTcestand regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulatione which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the some. Lessee agree s'ta hold City financially harmleast (a) From the consequences of anyy violation of such laws, ordinances, end/or eegule!lone; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules, and regulations. LCA-6 L L LESSOR: LESSEE: 1 n 1 r L Tim OWNS CITY OF KENAI roBox ro AIASKA 99611 MYM 31. CARE OF PREMISES: Lessee, at its own cost and :xpense, shall keep the leased promisee, all improvements which :t any time during the term of this Lease may be situated thereon, and any and all appurtenances there unto belonging, in Iood condition and repair during the entire term aP this Lease. 32. LESSEE'S OBLIGATION TO REMOVE LIENS: Lessee will mot permit any lions including, but not 11milt000, mechanics', Laborers', or materialmen'e liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said ppremises or improvements by or at the direction or sufferance of Lessee, provided, however, Lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, Lessee will Immediately pay any judgoment rendered with all proper coats and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 33. CONDEMNATION: In the event the leased premises or any pert thereof be condemned and taken for a public or e quasi -public use, then upon payment of any award or compensation arising from such condemnation, there shell be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. if the City and Lessee ere unable to agree within thirty (30) days after such an award - has been paid into Court, upon whet division, annual abatement L rent end other adjustments are just and equitable, the dispute she be determined by arbitration provided in Item 33 hereof. 34. SURRENDER: At the expiration of the term fixed or any sooner terTETon of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 35. PROTECTION OF SUBTENANTS: To protect the position of any su anon a area er properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, it eucceasors and assigns, as its lessee for a period equal to the full unelapeed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the term of this Lease, upon the some covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make Pull and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the some force and effect as though ouch sublease was originally made directly between the City and such subtenant= and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terse of any mortgage, deed of trust, or security assignment to which such leasehold estate to subject, except the payment of rent under the ground lease and the payment of any debt service under any ouch mortgage, deed of trust, or security assignment. 36. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 37. GOVERNING LAW: This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. LCA-7 LESSOR: ,l� LESSEE: L • 0 36. NOTICES: (a) Any notices required by this Lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub-para(,;raph (b) hereafter, end in that case shall to the moat recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by cecc��istered or certified mail, to any leasehold lender (mortge ee, beneficiary of a deed of trust, oocurity aeeignoo) who nhnll hnve given the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addressee may be changed by an appropriate notice in writing to all other pettier affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 39. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as herein e are provided, or by summed proceedings or otherwise, or in the event that the demised lends or any part thereof should be abandoned by the Lessee during sold term, the Lessor or its agents, servants, or representatives may, immediately or any time thereafter, re-enter, and resume poesession of said lands or such part thereof, and remove all persona and property therefrom, either by summery proceedings or by a suitable action or proceeding at low without being liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 40. RETENTION OF RENTALS In the event that the Lease should be terminated because of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 41. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of -any reach of the Lease by the Lessee, or any default on the pert of the Lessee in observance or performance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure I.: on the part of the Lessor to enforce any convenent or provision therein contained, nor any waiver oany right thereunder by the Lessor, unless in writif ng, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the Lessor, of any rent or any other i sum of money after the termination, in any manner, of the teem therein demised, or after the giving by the Lessor of any notice -— - - -- -� thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or f( destroy, or in any manner impair the efficacy of any ouch notice of termination es may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. Tim HOUBM j tar Anon+:r i; CITY OF KENAI r o n� wo l AUWA 461 I . { MISS _ 1� •t, .j l ' l LCA-B LESSOR: ^ram LESSEE: a] INNl TIM ROGERS otn Attobily CRY OF KENAI r o eat to tlaW. MASKA well Sn9et9 42. EXPIRATION OF LEASE: Unless the Leese ie renewed or sooner arm na a as provided herein, the Lessee shell :eeceabl end quietly leave, surrender, and yield up unto the .error all of the leased lend on or before the last day of the teem of the lease. 43. FIRE PROTECTIONS The Lessee will take all reasonable precautions to prevent, and take all necessary action to suprese destructive or uncontrolled fires end comply with all Is we, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 44. MUTUAL CANCELLATIONS Leases in good standing may be cancelled in whole or in pert at any time upon mutual written agreement by Lessee and the City Council. 45. UNLAWFUL USE PROHIBITED: Lessee shell not allow the leasehold promises to be used tar an unlawful purpose. 46. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of Issues does not relieve the Leaeee of responsibility of obtaining licensee or permits as may be required by duly authorized Borough, State, or Federal agencies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: (INDIVIDUALLY: BYs (If Lessee is a Corporation) ATTESTS eme T-itle CITY OF KENAI Byt em J. Srrg—ff—on— City Manager LESSEE: RYAN AIR SERVICE, INC. Sy: litle CAI LCA-9 LESSOR: LESSEES L ;1 I `} �i L i� TIM MOONS d:v AnoeaY CITY OF KENAI ,o,wwo .aw. ALWA M11 M„w 1 RATE OF ALASKA ae THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1986, Names , Titlei , of Doing pereonally nown o me or av ng produced sativactory evidence of identification, appeared before Be and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary u c or Alaska My Commission Expirest STATE OF ALASKA ) )ee THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1986, , being personally known o me or having produced ea sac ory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary u c or Alaska My Commission Expirest STATE OF ALASKA ) ) ea THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this dey of , 1986, WILLIAM J. BRIGHTON, City Manager the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expirest Approved se to lease form by City Attorney a s Approved by Finance Director g n a e Approved by City Manager 1. aka n a s LCA-10 lag" LESSEE: 7 ARIES CONSULTANTS LTD. 1081 Alameda, Suite 21 (415) 593-7150 Belmont, Calitomia 94002 October 22, 1986 d Mr. Randy Ernst, Airport Manager Kenai Municipal Airport City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 RE: Proposal to prepare an Air Passenger Services Study for the Kenai Municipal Airport Dear Randy: I enjoyed meeting with Bill Brighton and you on October 14th to discuss additional consulting services Aries might provide for the City. As a fol lowup to our meeting, Aries Consultants Ltd* is pleased to submit this proposal to prepare an Air Passenger Services Study for the Kenai Municipal Airport. In response to the City's suggestion, we have prepared the following four —phase work program and corresponding budget for accomplishing each phase. The work program has been prepared so that the City can make a decision to proceed with each phase based on the findings of the previous phase. You should be aware, however, that to present a complete picture of current and potential air passenger levels at the Airport, it will be necessary to complete both Phases 1 and 2. PHASE 1 Surveys of major businesses, industries, travel agencies and existing and potential air travelers will be made to identify current and potential passenger levels. The surveys will be designed to determine, among other facts, the geographic origin and destination of air travelers, potential travelers currently using other airports, frequency of travel and the reasons for use of the Kenai Municipal Airport versus other airports and/or modes A Corpomdm ARIES CONSULTANTS LTD. Mr. Randy Ernst Page No. 2 October 22, 1986 Phase 1 will provide the City with a profile of the current and potential air travelers that might be expected to use the Kenai Municipal Airport. The budget for Phase 1 is $6,000 which includes all professional time and expenses. PHASE 2 In addition to the surveys completed in Phase 1, any available information from other data sources such as Airport Activity Statistics and air carrier records would be documented. A review of the quantity and quality of air service provided in the past and a comparison of potentially required service with service actually provided will be made. The top Kenai air passenger markets wil 1 be identified and the demand projected to 1990 in these markets. Phase 2 would identify any potential new or increased air carrier service the City may require and, combined with Phase 1, would assist the City in determining what the potential future role off the Airport could be. The budget for this phase is $6,009 which includes all professional time and expenses. PHASE 3 Jb Investigate the route and fleet structures of perspective air carriers, including fares, and prepare planning strategies for the City. The planning strategies will provide the City with data to determine if improved air carrier service can be justified and is worth pursuing and proceeding with the implementation plan and specific proposals to air carriers. The budget for this phase is $6,000 which includes all professional time and expenses. PHASE 4 Pr@pare an implementation plan and proposals for presentation to individual air carriers. Presentations to the airlines would be made at the City's request. �,, i .i j{ ARIES CONSULTANTS LTD. Mr. Randy Ernst --� Page No. 3 October 22, 1986 The budget for this phase would be $6,000 per proposal plus expenses. Aries Consultants Ltd. is very interested in continuing to work with the City of Kenai, and we look forward to hearing from you on this proposal to prepare an Air Passenger Services Study for the Kenai Municipal Airport. Please call if you have any questions or require additional information. Yours sincerely, ARIES CONSULTANTA LTD. R. John Sanders RJS/djk M L L L 7 I I G"- -- l 1 CITY OF KENAI , •vd eapad �0,�„ MofqMWo .&AM SM„ MEMORANDUM TO: Mayor Williams and City Council FROM: Janet Whelan, City Clerk /&"Py SUBJECT: RFP for Secretarial Services Following is a breakdown of data submitted by bidders for the secretarial services contract: BIDDER COMPARISON $ BID Cook Inlet good references very high bid $900 Services shorthand high typing speed word processing recording equip. Paulsel Services high typing speed little experience $600 shorthand no current work word processing experience or references recording equip. Saturday high typing speed no shorthand $645 Sunshine word processing no references recording equip. parliamentary procedures Neva's Clerical word processing minimum typing speed $396 recording equip. no shorthand notary public references The recommended estimate for services is $360 per month. Based on •qualifications as well as bid price, the Clerk's recommendation would be for Neva's Clerical Serivices. The highest qualifications and highest skill level, is Cook Inlet Services, however, it is also the highest bid price. L IN a. � r r usAlaskan Region 701 C Street. Box 14 .:= oil Anchorage, Alaska F4dWMIAvkfflW 99513 IL November 4, 1986 'NitFV Mr. William J. Brighton City Manager City of Kenai 210 Fidalgo Kenai, Alaska 9961l Dear Mr. Brightom • Recently, we were provided copies of the condemnation package for the acquisition of the 80 acres west of the airport involving the proposed seaplane base. We are returning this material for your use, as we have most of it on hand. The additional material was informative and we appreciate being kept up to date. It appears that the procedure you are utilizing for this • condemnation is according to that required by the Land Acquisition and . . . . . . . . . . . . Relocation Act. If we may be of further assistance, please let us know. Sincerely, yelfit. O Acting Manager, Safety and Standards Branch Airports Division Lim 7 a ALAsKA VALuATioN SERVICE. INC. A .- j September 30, 1986 Mr. Tim Rogers, City Attorney City of Kenai 210 Fidalgo Drive Kenai, AK 99669 550 WEST 54Tm Avows, AwHoRAae, ALmm 99= TaLEPHONE (907) 561-1031 RE: AVS #29443 Dear Mr. Rogers: This is in response to our recent telephone conversation in which you inquired as to my availability to prepare an appraisal of a tract of land being acquired by the City at the airport. This tract is at the northwest side of the airport and is a parcel on which we had previously reviewed an acquisition appraisal you had received. The updated appraisal will be required to pursue an acquisition through condemnation, if necessary, and would be performed to standards required both by FAA Alaska Court System under eminent domain I the and the proceedings. can complete the appraisal within 30 days after you advise us to proceed and assume that the date of appraisal will be the specific date of filing for condemnation. My fee for the apprai$al will be $4,600, with time required for later testimony billed on a $100/hour basis with a half day minimum, assuming trial and preliminary hearings are held in Kenai. Thank you for your interest in my firm for this work. I am enclosing a brochure on vW firm as well as my current qualifications. Very truly yours, 00' 712-e Al f J. errara SRPA, MAI Chief Appraiser and Consultant AJF/Ikh a T-A 1 ALASKA VALUATION SERVICE, INC QUALIFICATIONS ALFRED J. FERRARA, SRPA. MAI EDUCATION ` A.B.A. Degree, Business Major, University of Alaska, 1960 {. Completed Courses I II IV I and VII, conducted by the American Institute of Reals a e Appraisers, and courses 101, 102 and 301 by the Society of Real Estate Appraisers Completed numerous short courses on condominium appraising, income properties, multiple regression analysis, statistics, leasehold valuation, report writing, market extractions, etc. EMPLOYMENT HISTORY Employed in the Land Office of the Bureau of Land Management, U. S. Department of Interior, prior to Statehood. From 1959 to 1966 employed by the Alaska Department of Natural Resources, involved in the selection, management and disposal of lands throughout Alaska. Three years of that time was as a Realty Office r in Juneau, Alaska in charge of management, appraisal and disposal of State land throughout Southeastern Alaska. From 1966 to 1969 as Appraiser and Consultant in Real Estate with Simmons and Wakeland in Anchorage, Alaska. Since 1970 an Appraiser and Consultant in Real Estate with Alaska Valuation Service, Inc., being president of the company since 1981. PROFESSIONAL AFFILIATIONS Adjunct Professor with the University of Alaska for Appraisal Teaching, 1974 thru 1979. Qualified instructor for the Society of Real Estate Appraisers Course 101 and 102, and teach these each semester at the UAA/ACC Anchorage. During the past 10 years officer or director positions have been held in the Alaska Chapter of the Society of Real Estate Appraisers 8 times including chapter presidency in 1975-1981. President of the American Institute of Real Estate Appraisers Alaska Chapter 57 for 1980, and member of the Board of Directors for several years. 1983-1988 Govenor and Member of Board of Directors of Society of Real Estate Appraisers, with responsibility of Washington, Idaho, Alaska, Alberta and British Columbia. Member of the Board of Directors of the National SREA Education Foundation. Member of the Board of Directors of the Building Industry Association of Anchorage and the State Homebuilders Association. Member and holder of MAI designation f5342 with the American Institute of Real Estate Appraisers (currently recertified). Member and holder of SRPA designation with the Society of Real Estate Appraisers (currently recertified). Associate member, American Right -of -Way Associaton. Associate member, Anchorage Board of Realtors. L ALASKA VALUATION SERVICE, INC. I TYPICAL ASSIGNMENTS Feasibility studies and appraisal for numerous condominium projects in Anchorage, Fairbanks and Juneau areas Service Station sites for Standard Oil Co., Texaco,Inc. , Union Oil Company and Tesoro Petroleum in Central Alaska School site and other appraisals for State and commercial clients Condemnation and property sale appraisals for the Alaska Department of Transportation, Municipality of Anchorage, U.S. Fish and Wildlife Service, and other agencies Tide and submerged land appraisals and use studies for private and public clients Lodge, hotel, motel and restaurant appraisals for business loan purposes for various clients and the Small Business Administration Land acquisition appraisals for the U. S. Coast Guard Going concern business valuations for a variety of clients Industrial leaseholds for private and governmental clients A Easements for the Municipality of Anchorage, State of Alaska and other Federal and Municipal clients Multi -family, residential and commercial appraisals for all Alaska banks and mortgage companies and several outside banks including Seattle First National Bank, Bank of America, Wells Fargo, First National Bank of Oregon and Crocker National Other clients include: ALASCOM, IBM Corporation, U. S. Steel Homequi ty Corporation, TICOR Relocation Management Company, American Machine A Foundary, General Foods Corporation, Uniroyal, Weyerhouser Mortgage and various others Qualified expert witness in Masters Hearings, Superior Court, District Court, Bankruptcy Court, Grand Jury and have served as both master and arbitrator in realty matters Experienced in all types of appraising, Including business valuations, condemnation proceedings, estate and historic values, feasibility studies, investment analysis, right-of-way appraisals, subdivision analysis, tax and assessment reviews. Estimated percentages per year for the last 10 years: Residential 20% Commercial/Industrial: 79%. Special Purpose 1% Services include the following: Absorption Studies Appraisals, all types Architectural Design Consultation Business Valuations Condemnation Proceedings Condominium Conversions Economic Analysis E.S.O.P. Valuations Estate & Historic Values Feasibility Studies Highest & Best Use Studies Insurable Valuations Investment Analysis Lease Analysis Market Studies & Research Real Estate Acquisition Rental Surveys Right of Way Appraisals Site Selection Studies Subdivision Analysis Tax and Assessment Reviews The' going concern" value is often needed for sale, purchase or financing of business interests. Company valuation for qualified Employee Stock ownership Plans may also be acquired. Alaska Valuation Services, Inc. is distinguished as the oldest established name among the states appraisal companies and enjoys j preeminence in both residential and commercial areas of business covering the State of Alaska. For further information contact: Alfred Ferrara SRPA•MAI 550 West 54th Ave. Anchorage, Alaska 99502 (907UMMMM (907) 561.1031 AlmASKA VALUATION; S�RIIICF:S L. IE l' , } y s i _ a f� Alaska Valuation Service, Inc. (AVS) was established in 1970 to provide appraisal services in the Anchorage area and has grown to become the largest real estate appraising and con- sulting organization in Alaska. The ffrm'e clientele varies considerably owing to the broad range of services provided. Alaska banks, Native Corpora- tions and other financial institutions, along with many major national corporations are prominent among these. Federal, state and local government agencies account for a relatively small portion of the firms business. No one client provides more than 5% of the firms annual billings. The firm was founded by its Chief Executive Officer, Alfred I. Ferrara, SRPA-MAf, a 25 year Alaska resident who has been involved in property valuation since 1960. The firm's success must be attributed to the emphasis on high standards of pro. fessionalism in each project assignment and effective com- muntcation between client and appraiser in the appraisal pro- cess. In order to assure that these policies continue, the com- pany's activities are carefully supervised and all appraisals are reviewed by a senior appraiser before release. All commercial reports are reviewed by an MAI designated appraiser. thereby meeting the MAI report requirements of most lending institutions and agencies. Condominium and P.U.D. Analysis The firm has been very active in the condominium field and main- tains the most extensive data system in the State relating to this category of property. Our specialty has been new pro. ject submissions for Federal Na- tional Mortgage Association fi- nancing. A large number of the project submissions approved throughout Alaska have been prepared by this firm. pprats- )rarsals are W proper - State of appraisals red in both d form for- incial, ren- mclies can S. Commercial heal Es- tate Applaisals We have appraixd all types of corn• mercial, industrial, public and special use properties. Some ex- amples of properties appraised are office buildings, marine ter- minals, airport terminals, depart- ment stores, concrete batch plants, hotels, pipeline ease ments, (including the Alyeska OU Pipeline easement), bowling alleys, railroad passenger and freight terminals, right-of-ways, fish processing plants, post offices, medical buildings. residential, com- mercial and industrial subdivisions, etc. We are qualified to appraise leasehold estates, lessod foo ostata:, and to do partial taking appraisals of all of the above. Subdivision And Land Utilization The purpose of these studies is to estimate how the land should be used based on its physical characteristics, location, zoning and market demand. In Central Business District Urban Renewal Projects, a Land Utilization and Marketability Study may include special studies, such as a Space Use Survey, Parking Study. Apartment Vacancy Study, do. Economic feasibility and Impact studies are also performed by our ftrm on specific projects or regions. An LUM Study or Feasibility Study may also be especially desirable to a private land owner or developer who requires an in-depth study which will advise the proper direction for the development of land or real estate. Ibis study provides information and best use, and the anticipated absorption and completion of a proposed Project. A L Computer Services Extensive in-house computer services are available on our Wang 2200 MVP. These in- clude various types of invest- ment analysis as well as multiple regression formats. Specific client needs can be program- med and data requirements easi- ly met. ­1 SI n V �f _ -_. Im ROON$ -. - JAY A 10w4v ' tY OF KtMAI .t` r a �mfe ,ff MLrfM i ADii os A 18,96 is 1802�►$`ti� IN THE DISTRICT COURT FOR THE STATE OF ALASKA THIRD 31JOICIAL DISTRICT AT KENAI CITY OF KENAI, ) ) Plaintiff, ) FILED in the 'Print C1ant� vs. State of Alaska, ' "I.d Dirtdr- RAVEN TRANSIT, INC., ) ^t Keuw Defendant. ) OCT 31986 � Clerl: Caee No. 3KN-86- 1124 Cl. By Deputy ORDER Pursuant to hearing on October 3, 1986, premises located at City of Kenai Municipal Airport loosed by Raven Transit, Inc. is hereby restored t the City of Kenai, effective d4cW 6,A6 u ge 9Ep� V �I cob q0 OISTtt�C 1 - ORDER L 7 I r + _J H- y CITY OF KENAI „Oil eapdal 4 41"'. 210FIVALOC KENAI,ALASKA 90611 TELEPHONE 283-MIS " TELEPHONE POLL .4 Shall the City of Kenai purchase a painting for a cost of between {. $200 and $300 for Mayor Tom Wagoner as a retirement gift? r• (Called 10-3-86) ,. Councilwoman Bailie -yes Councilman Ackerly - yes Councilman Hall - yes Councilman Measles - yea Councilman Wise - yes " Councilwoman Monfor - yes j ....: inett Whelan 06 City Clerk h� .. f j October 159 1986 H— jr MEMO TO: Kenai City Council F j 1 ob s5� �. FROM: Charles A. Brown, Finance Director a �Q DATE: October 29, 1986 SUBJECT: Aliak/McCollum Assessment District The final assessment roll on the Aliak/McCollum district water and sewer improvements has been filed with the City Clerk. The next step (KMC 16.10.090) is for the Council to fix a time and place for a public hearing. We must allow enough time for public notice. Please set the public hearing for the regular Council meeting of December 3, 1986. L 1 0 0 w w to O.N Nov. 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I � wM ww Mww wl w...r (T�(�(�J �(TJ (1��' ._�� .. -,�• nn � �j�7l�+wwww.rw�w..w`.t..r(�J((VV((��JJ(�N(Y((��ll �� x 0 .................�t _ KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2, 19861 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA �1, 'AI 20027, ; - A G E N D A- **SPECIAL PRESENTATION ON THE KENAI RIVER PLAN � Pa a �• A. CALL TO ORDER c3 B. PLEDGE OF ALLEGIANCE .6��> 3 C. INVOCATIONS Assembly Member Moore D. ROLL CALL 3 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES (none) G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel Johnson, Nash) 3 (b) Lands/Resources (Skogetad. Fandef, Johnson, Keene 3 Mullen) (c) Local Affairs/Legislative (Moore, Dale, Skogetad, 3 Sewall, Crawford, Walli) (d) Public Works/Education (Sewall, Brown, McGahan, 3 McLane, Mullen, Walli) (e) Data Processing (Johnson) (f) Central Pen. Hospital Long Range Planning (McLane) 3 (gg) Cook Inlet Aquaculture Rep. (Keene) 4 (h) KPCC Advisory Council (Carey) H. AGENDA APPROVAL AND CONSENT AGENDA 4 (a) Appointments to Central Peninsula Nospital Board (b) Appointments to Advisory Planning Commissions (Hope, Moose Pass, Cooper Landing) (c) Ord. 86-81 "Amending the Borough Code to Comply with ev eons to Title 29 of the•Alaska Statutes' (Mayor) INTRODUCTION ONLYi HEARING 10-8-86 I. ORDINANCE HEARINGS (1) Res. 86-27 "Authorizing a Negotiated Land Sale of Boroughatented Lands Described as Lot 15, Section 30, Township 5 North, Range 11 West, Seward Meridian 5 Defeated Alaska Robert L. Schmidt" (Mayor) (2) Res. 86-126 "Ratifying a Collective Bargaining reemen etween the Borough and the Kenai Borough Employees Association for Fiscal Years 1986-87 7 Adopted Through 1988-89" (Mayor) p (a) Ord. 86-49 Cmte. Sbet "Amending the Kenai Peninsula Woroug "o e o r nances Respecting Liquor License pp Protests (Mayor) PSTPND 8/19 8 P11%11/86 (b) Ord. 86-64 "Amending the Borough Code of Ordinances o e ne egislative Business (McGahan) PSTPND 9 Defeated (f) Ord. 86-47 "Establishing a New Chapter 5.09 to the IM—naTT-e-hTnoula Borough Code, for Instructions Specifying the Form and Procedures for the Submis- p sion of. a Complete and Acceptable Bid" (Brown) .9 P11/11/86 L I L `S i$ c J. 4 .� .. .gin. 1' Paae No. Ord. 86-47 Substitute "Establishing Hid Procedures to Require cue rreveure of the Public Works Director, the Finance Director, and the Borough Attorney or His Designee at all Bid Contracts for Mayor Bond Issue Projects Over $500,000 to Determine Qualifi- cations o Bidders and Requiring Strict Compliance pp with All Bid Specifications" (Walli 6 McGahan) 9 P11/11/86 (g) Ord. 86-50 "Amending the Borough Code of Ordinances o ro a for Service Area Board Member Compensa- Amended, tion and Reimbursement" (Mayor)(as amended) 9 Defeeated w/R(c) Ord. 86-67 "Adapting an Updated Comprehensive Plan il Enacted tor cue City of Soldotna" (Mayor) (d) Ord. 86-68 "Adopting of a New Zoning Map for the 13 Enacted C�Wleward" (Mayor) (a) Ord. 66-69 "Authorizing the Receipt of $601.053 r t e tate of Alaska, Department of Transpor- tation and Public Facilities, for Road Improvements in Road Service Areas Throughout the Borough and 13 Enacted Appropriating the Funds" (Mayor) (h) Ord. 86-44 el "Amending KPB Chapter 5.18 to uttor ze t e reation. Recording, and Notice of Lien on Real and/or Personal Property to Secure Payment of a Sales Tax, Plue Intprest, Penalties, and Administrative Costs in the Vvent of Delin- quency" (Finance Cote) DEFEATED W/MOTION TO RECON.13 Enacted (i) Ord. 86-55 "Amending KPB 2.08.084 to Clarify seem y Agenda Preparation Deadlines" (Nash) 13 Not Rcns. Enacted w/Recon. J. INTRODUCTION OF ORDINANCES K. CONSIDERATION OF RESOLUTIONS (a) Res. 8%I.6-113 "Limiting BaronBgh Sponsorship of lmf;—Uce to the Annual Conference" (Mullen) 13 Defeated (c) Res. 86-127 "Authorizing the Sale of Surplus Not Adrad BoroughPersonal Property' (Mayor) (d) Res. 86-128 "Opposing the Salary Cep Initiative" Not Adrad grey L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noteds not for action this meeting.) M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Eddie Wood. Siberia -Alaska Cultural Exchange 14 N. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA 0. MAYOR'S REPORT (none) P. OTHER BUSINESS Q. ASSEMBLY AND MAYOR'S COMMENTS R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICF. OF NEXT MEETING AND ADJOURNMENT (Sept. 16, 1986) L L 7 F KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2, 19861 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA **SPECIAL PRESENTATION ON THE KENAI RIVER PLAN BEGAN AT 7e00 P.M.** Pres. Glick introduced David Stephens from the Parks and Recreation Division of the Dept. of Natural Resources (DNR). Dave Ste h�ens� said his role in the Kenai River project has been that or a start person working very closely with the Kenai River Advisory Board for the past two years. He said the present phase of work is a very critical stage that bege the assembly's involvement and partici- pation. He said on Aug. 19th, the DNR released the public review draft of the Kenai River Plan and began a 45-day public review pPried. During this period, public hearings will be held in Cooper Landing on Sept. 16, Soldotna on Sept. 17 at 7 p.m. in the assembly chambers and in Anchorage on Sept. 22. At the end of the review period on October 2, the DNR is asking for groups such as the assembly, planning commissions, cities and the public to submit their comments. These comments will be analyzed and appropriate changes will be made with a final Kenai River Plan Draft being available on about Nov. 15th. He cited the history of efforts by the Kenai River Task Force (1982/3), a legislative resolution and finally in 1984, the Kenai River Special Management Area was established. It did several things includingg putting the water column of the river, Skilak Lake and Kenai Lake and a few assorted state-owned uplands into the park systnm. He said it also required the state, in cooperation with the borough and cities and other agencies, to embark on a comprehensive planning project to be completed in two years which would protect the fish and wildlife habitat of the watershed and solve a number of the recreational conflicts. He stated a majority of the Kenai River Advisory Board members owned property on the river or one of the lakes. He said the draft plan can be broken into three (3) basic categories: 1) recreation, 2) land use, and 3) government functions (perm tting. land disposals, etc.) He said in the area of recreation the board's management authority begins and ends with the water column which is where the conflicts occur including limitation of horsepower to 50 hp. to be further dropped to 35 hp. May of 1987. He believed most people would say conditions on the river have improved, even from those who were opponents. The state has enlisted the sport fishing Ruides on the rivers and lakes into a permitting system which requires they meet certain professional standards, registering for borough sales tax, first aid training, liability insurance, etc. He said one of the few things pertaining to recreation that would affect the borough, would be a number of proposed additions to the special management area. He said most of these come from state land and three (3) of these are borough selected lands as part of the municipal entitlement. The plan recommends the borough relinquish these selections in exchange for land of equal acreage among state land requiring administrative action. He said there are 14 upland sites such as Morgan's Landing, Bing's Landing, Kenai Keyes which also have recommendations. Most recommendations are for sanitary facilities, footpaths, a couple boat launching and camping facilities funded by the legislature. He said in regard to land use. local government is asked to do a number of different things. Most importantly a Kenai River Conservancy District, a very comprehensive proposai with quite a bit of public discussion. The conservancy district would be established primarily as a fish and wildlife habitat protection measure. The board identified those land types which are crucial for the continued existence of the fish and the wildlife in the Kenai River. Flood plains, contiguous wetlands, riparian vegetation areas to control erosion and miscellaneous habitats such as bald eagle wintering areas have been mapped. He said there a number of rules -1- L • I{ � ,. f 'P .,• ) KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MFETING SEPTEMBER 2. 1986. suggested on how to manage this conservancy district. This is intended to be adopted by borough ordinance after borough public hearings process. The cities of Kenai and Soldotne are asked to make a similar action. by amending their existing zoning ordinances. The draft plan also asks local government to pass a number of specific ordinances -- a riparian habitat protection ordinance. a wetlands protection ordinance and a flood plain management plan of some sort. These are included as options or alternatives to the more comprehensive conservancy district plan. Another proposal. first requiring state legislation, would be offering tax incentives to riverfront propertyowners for those who agree to put their lands into some kind of protective classification, i.e., to maintain the riparian vegetation within fifty feet of the river in its natural state. The proposal would give these propertyowners some kind of tax relief. After research with the borough assessing department, it was determined such a measure would result in a minimal cost to allow such a plan would be a fraction of a mil. He said there really is no state law which would allow such a tax differential. However, until two (2) years ago there was provision for a tax differential until repealed. DNR is suggesting the legislature put something in the law that would allow such a differential program in the borough. It was suggested properties fronting on the river, without community water, not be subdivided into lots less than 40,000 square feet. In urban areas with centralized water and sewer lots could be smaller without an adverse impact on the river. He said all of these things have to do with private land, but the Kenai River Plan is very explicit the State should not impose private land use controls, which is the role of the local government of the borough and cities. State lands have received the same recommendations and it is expected the federal government will manage its lands in the same way. He said the third major area was in government programs and was the most controversial. He said one of the biggest issues was permitting actions. There are six or eight or ten permitting agencies within the Kenai River corridor who's various criteria were not synonomous or always compatible. The permitting agencies got together and standarddlistaof permter it stipulations which shouand ld save everyone ible timend • He asked the assembly to take some kind of positive action in review of this plan by either referring it to the Resources Committes or to the Planning Commission. He asked that very detailed comments be submitted to the State. Mrs. McGahan said under the wetlands protection ordinance it referred to Corps. of Engineers. Section 4. --- "particular regard should be given to harmful practice of draining wetlands Mrs. McGahan noted when there was an Assembly Kenai River Committee, the Corps of Engineers was contacted regarding draining of wetlands. They were told that was legal and individuals didn't have to file a permit with the Corps and their overview was in the area of putting fill into the wetlands. She also asked about the tax incentives for keeping land in its natural state and asked if bank stabilization programs would also be eligible for such an incentive. yy concernedewith atheSfilling4of had riot notewithddredginglor reemmoval of material from wetlands. The result is there is a major land use occurring without any oversight by any agency or group. He said the use is very damaging to habitat, while it does increase the property value. He said the intent of the local ordinance is to cover this area which has been proven to harm the river system. In regard to the tax incentive program and bank stabilization, he thought it would take legislation to allow such. -2- L w 7 • KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2 L_1986 i A. CALL TO ORDER - Pres. Glick called the meeting to order at approximately 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION: Aseemblymember Moore • .. ? D. ROLL CALL {! PRESENTs Assemblpmembers Brown, Keene, Valli. Mullen, Crawford, .' ��• Sewall, Moore, Carey, Glick, McGahan, Dale, Skogetad, McLane. Johnsons Mayor Thompson, Atty. Boedeker, • 1� Deputy Clerk DeLacee s; EXCUSED: Aseemblymembers Nash and Fandel E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTRS (none) G. COMMITTEE REPORTS (Items discussed outside of agenda items.) (a) Finance (Crawford. Carey, Fandel, Johnson. Nash) (b) Lands/Resources (Skogetad, Fandel, Johnson, Keene Mullen) 1 + Lands Chairman Skogetad reported the comprehensive plan for the west side of the peninsula is currently in an ongoing public hearing -- process and the Planning Dept. has hired an intern who is handling -.ii. the West Side Comprehensive Plan. A (c) Local Affairs/Legislative (Moore, Dale, Skogetad, Sewall, Crawford, Valli) Local Affairs Committee Chairman Moore said one item, the pamphlet preparation required by ordinance 30 days prior to election, was discussed and recommendations would be made tonight. .; (d) Public Works/Education (Sewall, Brown. McGahan. McLane, Mullen, Walli) (.� (a) Data Processing (Johnson) -": "" Mr. Johnson advised the Data Processing Dept. had developed a i, software package or several packages which are possibly marketable. The department is now firming up some dates of completion on all the building and will be software that have been designed and probably complete within six (6) months. The feasibility of a communications link for those of the assembly and others living in outlying areas to enable individuals to communicate with the borough clerks office and other departments is being looked into. R (£) Central Peninsula Hospital Long Range Planning Committee Mr. McLane said the committee met during the spring and held several long j.� public meetings throughout the service area. He said the range was approved by the committee -in early June and delivered to the plan service area board for action. He said the board will be printing the plan and Frill be available to the assembly and the public. (g) Cook Inlet Aquaculture Mr. Keene said there were several projects discussed at the June meeting including the Paint Rives system, the Eklutna Hatchery and i' the selling of fish at the hatchery to ppapp for it discussion of the 2.000,000 red saimon in the Leisure Scurvy Creek project, release of Lake Project. and 750,000 in each of the Metvik and Scenic systems. a later date. '.r..• _ He said he would provide a written report at i. .t ix . j �. ll a a n KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING. SEPTEMBER 2. 1986 (h) Kenai Peninsula Community College Advisory Council Mr. Carey said the council met two weeks ago and one of its top priorities was purchase of land in Homer in order to allow a permanent facility for use. He said this is in limbo until the state decides how much money will be available. Because of the decrease in enrollment, the KPCC has decided to pull out almost all services in the Seward area leaving a minimized program. He said in the budget agreement passed this year with the school district there was in the school district budget $88,000 approved for the Kenai Peninsula Community College for different types of student services - both high school services, job placement services, testing, GED, correspondence, etc. However, when the college received its grant from the school district rather than $88 000 reflected in their budget there was a $50,000 cut. The school district passed on $50.006 in cute to the community college. He said they didn't know bow they would be able to make up that money in that it was part of a signed agreement. The Council asked Mr. Carey to ask the assembly whether the assembly can discuss with the school district how the $50,000 reflected in the budget when approved, was deleted from the community college budget by the time the grant was made. He said in terms of the amount of money spent and students served, KPCC is the most efficient community college in the state. He said each time a percentage cut is passed down, RPCC suffers the most. H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 66-271 Removed from Consent Agenda per request Aseemblymember Carey (b) Appointments to Central Peninsula Hospital Board (c) Appointments to Advisory Planning Commiseions (Hope, Moose Pass. Cooper Lending) It was noted two appointments had been deletedi Michael Wiley's name from Moose Pass and Lee Tiche from Hope. (d) Ord. 86-81 "Amending the Borough Codp to Comply with INTRODUCTION ONLYe 3HEARINGhDATEBSET FORt10-9-86 ayor) Local Affairs Chairman stated the Committee would like to have added to the consent agenda. the approval of the election brochure. ASSEMBLYMEMBER MOORE MOVED TO PLACE RES. 86-126 ON THE CONSENT AGENDA. ASSEMBLYMEMBER MOORE SPECIFIED IF THERE WERE OBJECTION, THEN THE REQUFST WAS TO PLACE RES. 86-126 AS THE FIRST ITEM OF CONSIDERATION ON THE AGENDA. ASSEMBLYMEMBER MC LANE VOICED OBJECTI00. PRES. GLICK ANNOUNCED RES. 86-126 WOULD BE HEARD AS THE FIRST ITEM UNDER ORDINANCE HEARINGS. LOT PAMPHLET GLICK LANG A1GE APPRD IF OVAL ON WERE THE OBJECTIONS T7NG HE ENT AGENDA. OBJECTION�WAS VOICED. PRES. GLICK SAID THE BALLOT PAMPHLET APPROVAL WOULD BE CONSIDERED UNDER OTHER BUSINESS. Mrs. McGahan noted if reconsideration of Ord. 86-55 doesn't appear it will be addressed by the midnight deadline, she would like to move it up at that time prior to midnight. Pres. Glick asked for assembly concurrence to move the presentation of Mr. Eddie Wood, Item M. (a) to just prior to introduction of ordinances. -4- L. i KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2. 1986 ASSEMBLYMEMBER MOORE OPPOSED EARLY SETTING OF THE EDDIE WOOD PRESENTATION IN DEFERENCE TO LEGISLATIVE BUSINESS. The Wood presentation was held to its original Item M. Formal Presentations with Prior Notice Upon Subjects not on the Meeting Agenda. Pres. Glick asked if there were objections to placing introduction of Ord. 86-81, amending the KPB Code to comply with Title XXIX, to the consent agenda. INTRODUCTION OF ORD. 86-81 WAS PLACED ON THE CONSENT AGENDA FOR INTRODUCTION. THE CONSENT AGENDA WAS APPROVED AS AMENDED BY UNANIMOUS CONSENT AS LISTED. 1. ORDINANCE HEARINGS 1) Rea. 86-27 "Authorizing a Negotiated Land Sale of Borough tented Lands Described as Lot 15, Section 30, Township 5 North, Range 11 West, Seward Meridian Alaska Robert L. Schmidt" (Mayor) LNDS/RES, FIN. CMTE. Lando Committee Chairman Skogstad said the matter had been before them on numerous occasions and past recommendations had been to not award" and continued to be so. Public hearing was opened on Res. 86-27. Rand Roberta Kalifornsky Beach Road, said there were several things e n t un erstand. He said the last two times this resolution was scheduled for hearing Mr. O'Connell and Mr. Alexander, adjacent property owners, were going to attend to speak against the sale. However, at the meetings they attended, the matter was postponed. Unfortunately, they weren't able to attend tonight although their complaints were pretty much the same as Mr. Roberts. (See BOA, 9-2-86) He said in discussions with Messrs. Alexander and O'Connell, who have resided in the area quite a while. he was advised Mr. Schmidt had only been on the property for four (4) or five (5) years. He said as the map (wall display) showed there is no road access to the bluff on Lot 15. He said the property is only used for storage. He said during fishing season the boats and equipment are kept on Mr. Schmidt's property about one -quarter mile down the beach. When fishing season is over, all of the equipment is hauled back to Lot 15 for storage which is next to Mr. Robert's propperty. He said the appraised value on his property this year was $180,000 for three (3) acres so he felt $75,000 was a good deal for prime bluff property. He said this whole season Mr. Schmidt had need Mr. Robert's property to access Lot 15. He said the site is unsightly and it was unfair Mr. Schmidt should get to use the property and pay no taxes for all these years. He said three (3) years ago the borough assembly decided he should clear off and vacate regardless of the appeals he persisted in staying and during the summer there are approximately 12 to 14 guys who come up from outside, reside there, fish, and then leave. In answer to questions, Mr. Roberts reported he purchased his property in August of 1985. Steven Cris in of Trading Bay Dr., Kenai, provided photos of Mr. Roberta Ouse and various outbuildings which he stated were similar to those on Mr. Schmidt's property. He stated the question is whether it is in the beat interest of the people of the Borough to gsh site and there was access to the rant Mr. Schmidt's request. He reported the site has been used for 30 veers as a fibeach until Mr. Roberts closed off that access. The property is too small for the Borough to develop for public use while funds provided from the sale to Mr. Schmidt would be public funds. -5- L V 4 f �i aW Q F KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2. 1906 Mrs. Valli compared the photos provided during the appeal and those just provided asking if they were the same property. Mr. Crispin pointed out the parcels in question on a large diagram. Robert Schmidt, Kenai, reported he had sold propertyto Mr. O'Connell an Mr. Alexander. Until Mr. Roberts purchased hie property though a bank foreclosure, there was an access road to the beach. Now he is forced to bring beach vehicles on the highway. He reported be fenced the subject parcel for his horses before the K-Beach road was even built. Following survey for the road he was ordered to remove his fence, but remnants prove prior use. Paul Fischer, Kasilof, recalled as an assembly member when the old ordnance was written, believing it would solve all problems. He noted the same discussion concerning the two lots was heard then and he urged the Assembly to consider the history of the request. Sammie Nuxai1, Soldotna, asked if the sale proposed was for fair marts va ue. Mr. Boedeker stated it would be at the assessed value at time of approval of sale which currently to $60,000. Tom Patmor, Clem Gulch, stated his confusion with the presentation an�ggeetad a committee be appointed to view the site personally. Armand Schmidt, Kenai, asked if a person meets the qualifications set out an of ere have received property through meeting the same criteria, why this applicant should not. Mr. Skoggstad stated the assembly that presently site is not the same as the body which served when other sales were trade and could not be bound by the action they took. Pres. Glick observed that following a previous appeal, Mr. Schmidt was allowed to purchase a portion of what he asked for. ASSEMBLYMEMBER MCGAHAN MOVED THE ADOPTION OF RES. 86-27. Mrs. McGahan supported the sale stating the parcel in this request was once part or the portion granted, all criteria was met and atepa followed through the Planning Cmen. The assembly divided the question and appproved sale of the lose desirable lot. The assessed valuation when Mr. Schmidt applied was $75,000 and she believed that figure should be used. She felt conditions of negotiated sales changed through a variety of circumstances which were not Mr. Schmidt's fault. Mr. Keene believed the way the ordinance was written it does not preclude the assembly from placing additional requirements on the applicant. He did not feel denial would inhibit MrSchmidt s ability to conduct his fishing business or decreases his existing land value. Mr. Boedeker clarified that meeting the minimum criteria apt out in the ordinance does not guarantee the right to purchase. The Assembly still has discretionary authority to decide whether to dispose of property. If, however, the Assembly decides to sell and this person meets the requirements, they are required to be the purchaser. If the application is denied, there should be some reasonable basis for retaining the lot. ASSEMBLYMEMBER SEWALL MOVED MR. MCLANE BE ALLOWED TO ABSTAIN ON THIS RESOLUTION AND IT WAS APPROVED BY UNANIMOUS CONSENT. Mr. Skagstad stated he believed until a complete land inventory has been made and various classifications and needs of the borough are identified, he would be hesitant to dispose of any land. Mr. Johnson reported his dilemma in that since Mr. Schmidt did follow the procedure set out for him to obtain land as others had sucess- fully done. he had a right to purchase, but at the same time he could -6- L 0 7 e 4 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2, 1986 i see other uses for the lot. In other parts of the country, states have had to buy back beach property in order to provide needed ` access. " l ASSEMBLYMEMBER JOHNSON MOVED TO AMEND SECTION 1 THE LEGAL DESCRIPTION "except for the North 60 feet which shall OF THE PROPERTY TO INSERT, be dedicated as public beach access. _ Mr. Keene noted some type of parking space would have to be provided to go with the beach access. . -' THE AMENDMENT WAS APPROVED BY A VOTE OF 9 YES TO 4 NO; Crawford, 1'•-. Carey, Glick and Skogstad voting No. ' Mrs. Walli noted the sale of a portion of Lot 7 in 1983 was approved s in order to give Mr. Schmidt the needed extra area to run his fishing n site. `( } ASSEMBLYMEMBER MOORE MOVED TO AMEND BY ADDING A NEW SECTION 2 TO READ "No sale shall take place unless all current or overdue borough tax - ' accounts of the buyer are paid in full." RENUMBERING EXISTING • SECTIONS ACCORDINGLY. MOTION WAS APPROVED BY UNANIMOUS CONSENT. Mr. Carey commented it seems the perception is that past assemblies "Yes" "No" in fact, in 1982 the have said and now we are saying while Planning Commission said "No". That decision was appealed to the Assembly . Assembly which upheld the Commission. Again in 1983 the 0 :.� said "No" to the entire application. VOTE WAS CALLED AND THE RESOLUTION DEFEATED BY A VOTE OF 3 YES, 10 i= j NO; Brown, McGahan and Johnson voting Yes. - f 2) Res. 86-126 "Ratifying a Collective Bargaining greement between the Borough and the Kenai Borough Employees Association for Fiscal Years 1986-87 Through 1988-89" (Mayor) FIN. CMTE. Finance Cmte. Chmn. Crawford reported as to the cost of the resolu- tionthere has been a compromise and there was no objection to that portion, although other concerns prevented a united recommendation. Local Affairs Cmte. Chmn. Moore stated the committee's support and a `7 feeling it was time the employees were able to operate under contract. The recent negotiations take into account the late devel- opments in the borough's financial picture. "I Joan Bennett -Schrader, Kenai, stated neither she nor any member o wor a or the borough, her interest is as a member of the `j er am y community. She noted the earlier failure of the assembly to ratify do the employees' contract, stating relating to pressures which not fit into faith bargaining. She cited failure of assembly good members to be involved in the negotiations earlier and urged when two are opened in the Spring of 1987 members sections of the contract will sit in on sessions to give employees the reassurance they are - not isolated. f Judith Dixon, Nikiski, stated the relationship of employer/employee The s the tree offer of labor and the just payment or a wage. employee undertakes to give good, honest work and the employer seeks to give fair, just treatment. Each arty s duty becomes the other arty's right. Employees should not tave to fight for their rights gutrather concentrate on service. She surged approval of the and to stand against the uhe toeconomy, contract, now modified due to t salary cap initiative. 3 Tom Patmor, Clam Gulch, stated after completion of the Alaska t 80% of scale wage li Pi pellne, Alyeska got the unions to agree o a n which he likened to the salary cap initiative. Mr. Skogstad stated the subject resolution had nothing to do with the salary cap initiative. t. -7- f � N 1; j: .` KENAI PENINSULA BOROUGH REGUL49. ASSEMBLY MEETING SEPTEMBER 2. 1986 Mr. Patmor felt an alternative to the salary cap would be a 20i cut to all employees which could not be accomplished if the resolution was adopted. ASSEMBLYMEMBER MOORE MOVED THE ADOPTION OF RES. 86-126. Mr. Brown noted the contract will be opened up again in January of 1987 for the conditions of employment and salaries and benefits can be renegotiated but he would support it at this time. Mr. McLane asked whether members of this body who have a spouse employed by the borough are in conflict with the borough's ordinance on conflict of interest. Atty. Boedeker reported courts have held on both sides of the question but the better reasoned line of cases of this kind conclude that it is general enough and within the normal function that being related to an employee would not disqualify a member from voting on the contract. Mr. Moore stated he did not feel he had a conflict of interest] he voted against the first presentation of the agreement, making several arguments against hie family's interest, several of which have been incorporated in the new agreement in the form of reductions. Mr. Johnson stated his questions had been satisfactorily answered b Mr. Campbell in committee. In addition, he had asked for an 801 participation insurance program to allow for a selective group that would opt out of it. He pointed out new employees will come in at a lower salary, there will be maximum caps or all pay ranges and there will be no across the board pay increase this year. Major savings and concessions have been accomplished since the first contract and both the administration and employees' association have done an outstanding job of cooperation. ASSSENBLYMEMBER MULLEN MOVED THE PREVIOUS QUESTION. WHICH PASSED BY A VOTE OF 11 YES TO 3 NOt Brown, Keene and Walli voting No. RES. 86-126 WAS ADOPTED BY UNANIMOUS VOTE. Pres. Glick called a 10 minute recess. (a) Ord. 86.49(Cmte. Sbet) "Amending the Kenai Peninsula Boorou coca o ordinances Respecting Liquor License Protests" (Mayor) PSTPND 8/191 LCL AMS, FIN. CKTE. The ordinance was read by title and public hearing opened. There was no public comment. AS RECOMMENDED BYATHERD 14OVED THE ENACTMENT FINANCE AND LOCAL AFFAIRS O MMTE.86.49.(Cmte Sbst) Mayor Thompson stated the effect would be that if someone is in the process of selling a business with taxes owing, the borough would have no opportunity to force payment of the delinquent taxes by the person owing, only the person who purchases the property. Mr. Boedeker stated it is up to the assembly what policies they wish to establish with regard to protest of liquor licenses. Under the Statutes the borough has the right to protest the transfer of license if current license holder is delinquent. The committee substitute would eliminate that right to protest. The original amendment would have included the current holder. There is good reason for the statute which would prevent a seller from skipping with taxes owed by disallowing the transfer of the license. Mr. Crawford stated he had been misinformed as to the effect. ASSEMBLYMEMBER McGAHAN MOVED TO POSTPONE TO THE NEXT MEETING, REQUF.STTNG THE ATTORNEY TO PROVIDE THE FINANCE COMMITTEE. WITH THE APPROPPIATE AMENDMENT PRIOR TO THE MEETING. -8- L f Y: n• • 1 41 a �j r; ,_ t f. KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2, 1986 Mr. Skogstad spoke against postponement and amending the ordinance at this time to take care of administration's concerns. ORD. 86-49(sbst) WAS POSTPONED BY A VOTE OF 12 YES TO 1 NOi Skogstad and McLane voting No. (b) too e86ne4 egislativetBusiness"he Borough Code of Ordinances PSTPND8/21 P&P CMTE. ASSEMBLYMEMBER McGAHAN MOVED THE ENACTMENT OF ORD. 86-64. Mrs. McGahan stated her purpose in introducing the ordinance was to save asking the attorney each time whether a particular item could be voted on after the midnight deadline. Mr. Skogstad reported when he tried to make a list of items to be taken up after midnight, he realized in so doing he was defeating the purpose of the deadline. He felt it was preferable to limit debate as well and allow only public comment, Mayor and Assembly comment. ORD. 86-64 WAS DEFEATED BY A VOTE OF 6 YES, 8 NOi Brown, Walli, Moore. Carey, McGahan and Dale voting Yes. (c) Ord. 86-47 "Establishing a New Chapter 5.09 to the Kenai e neu a Borough Code, for Instructions Specifying the Form and Procedures for the Submission of a Complete and Acceptable Bid" (Brown) LCL AM , P.W., FIN. CMTE. Ord. 86-47 Substitute "Establishing Bid Procedures to equ re a resence of the Public Works Director. the Finance Director, and the Borough Attorney or His Designee at all Bid Contracts for Ms or Bond Issue Projects Over $500,000 to Determine galilications of Bidders and Requiring Strict Compliance with All Bid Specifications" (Walli & McGahan) LCL AFRS, P.W., FIN. CMTE. Public Works Cmte. Chmn. Sewall reported the committee recommended postponement to the first meeting in November in order to hold a worksession with the Public Works staff and Legal Dept. prior to that date. Finance Cmte. chum. Crawford reported the committee recommended defeat of Ord. 86-47 and postponement of the substitute until October 21 by which time the Legal Dept. should have the purchasing and contracting ordinance completed so there will be no conflict. Titles were read and public hearing opened. Tom Patmor, Clam Gulch, recalled the controversy over bid procedures during award of contracts for the schools. He aupppported the enactment of Ord. 86-47(Sbst) with an amendment to 8100,00D. ASSEMBLYMEMBER BROWN MOVED TO ENACT AND TO POSTPONE ORD. 86-47 TO NOVEMBER 11. Mr. Brown stated there needs to be some bid procedure on the books and there should be input from contractors who have been tied up during the summer months. ORD. 86-47 WAS POSTPONED BY UNANIMOUS CONSENT- ASSEMBLYMEMBER BTO NOVEMBER 11�AND IT WASD FOR CTMENT APPROVED BY UNANIMOUSPOSTPONEMENT CONSENTOF T... (d) Ord. 86-50 "Amending the Borough Code of Ordinances to pir-ovide ror Service Area Board Member Compensation and Reimbursement" (Mayor)(as amended) I.CL AFRS, FIN. CMTE. There was no public comment. -9- t !§ KENAI PFNINSULA BOROUGH_ REGULAR ASSEMBLY MEETING SEPTEMBER 2. 1986 Local Affairs Cmte- Chmn. Moore reported the committee would recommend enactment with some amendment. It would clarify what reimbursement was available in the code. Although the letter to service area boards did not mention public hearing on the matter, replies were received from three boards which indicate they are not " in support of the ramifications that would be allowable under Sec. I. 1. a i Finance Cmte. Chinn. Crawford reported the committee supports the ordinance as long as amounts conform to the regular employee reimbursement for standardized bookkeeping. 1 There was no public comment. !t ASSEMBLYMEMBER McGAHAN MOVED THE ENACTMENT OF ORD. 86-50 AND POSTPONEMENT TO OCTOBER 14. 4 - - 4 Mrs. McGahan spoke against the ordinance and compensation of boards - but felt the assembly should wait to hear from other boards which have not yet responded before taking final action. { Mr. Sewall spoke for the spirit of volunteerism. noting there had been no outcry from the boards for compensation. He spoke against postponement and the ordinance. MRS. MC GAHAN WITHDREW THE MOTION TO POSTPONE. ASSEMBLYMEMBER MOORE MOVED TO AMEND TO ELIMINATE SECTION 1. ADDING A NEW SECTION 1 TO READ, "That the KPB Code of Ordinances Title 16 is " amended by adding a new section 16.04:005 to read as follows: p. 16.04.005 Service areas -- Board of directors -- Reimbursements. Service area board members may receive reimbursement for expenses as follows: .�.. A. (C) For travel involved in attending scheduled meetings of the service area board, service area board members may receive reimbursement, from the service area budget. for per diem and travel expenses on the same basis as borough employees upon resolution of the service area board. i• B. (D) Service area board members may be reimbursed from the service areas budget for per diem and mileage on authorized service :� -- area business tripe at the rate set for borough employee (mileage) reimbursement, upon resolution of the service area board." ALSO, THE Rai ... EXISTING SECTION 4 WOULD BE DELETED. Mr. Moore stated Section 1 seemed to allow the boards to set t themselves a salary if they agreed to it. If a board member should need to take a trip to Anchorage on service area business it should be specifically stated they would be entitled to per diem and mileage reimbursement. :i. Mr. Johnson spoke for the amendment and ordinance. commenting it 4 could prompt better participation. ASSEMBLYMEMBER BROWN MOVED TO DELETE SECTION C- :t , Mr. Brown noted some board members must travel many miles to attend board meetings which is a direct expense which should be reimbursed. • but for mileage only. Mr. Moore stated the distance some board members must travel may in some instances necessitate an overnight stay and the ability to be i-- ': -- reimbursed for that expense. 1. .. __•� _ _ - _ ,: THE BROWN AMENDMENT FAILED BY A VOTE OF own. Carey, McGahan and Dale voting Yee. Mr. Carey asked if there were any service areas which are now t r eceiving reimbursement. Atty. Boedeker stated there are some which have included an item in their budget for mileage and are receiving i reimbursement. Mr. Carey spoke against reimbursement for voluntary service boards. ' 4 i -10- y; i7 i- -- ....... L_. I :_y KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2 1986 Mr. Skogetad favored the ordinance, stating the service area board members donate a lot of their time and should be at least reimbursed for the travel required to attend meetings. In answer to Mr. Carey's question, Mr. Bunts replied there are at least 3 road maintenance boards which currently receive mileage reimbursement. BySEUNANIMOUS ANDTHE MOOREAMENDMENT R CONSENT JOHNSON MD THE PUSQUESTION WHICH APPROVED BY UNANIMOUS VOTE. ASSEMBLYMEMBER BROWN MOVED TO POSTPONE UNTIL OCTOBER 14 IN ORDER TO FIND OUT WHICH SERVICE AREAS ARE RECEIVING REIMBURSEMENT AND WHAT THE DIFFERENCES ARE. AMONGST THE BOARDS RECEIVING IT. Mr. Skogetad spoke against postponement stating an effort to get input from the boards was made and only 3 replied. The ordinance ties reimbursement to the negotiated employee compensation and he urged enactment. Mr. Barton pointed out the ordinance will only provide a standard the service area boards can use if they decide to approve reimbursement by resolution. THE MOTION TO POSTPONE GAS DEFEATED BY A VOTE OF 3 YES TO 11 NO t Brown, Glick and NeGahan voting Yes. ORD. 86-50 WAS DEFEATED AS AYZNDED BY A VOTE OF 8 YES TO 6 NOI Brown, Keene, Carey, Glick, McGahan aagnd Dale voting No. (e) Ordfor.the I tyAofp8oldotna" an (Mayor)ated oLND81,ensive LCL AFRSeCMTE. Mr. Skogetad reported the Lands Cmte. unanimously recommended passage based on a designated portions review. Public hearing was opened. Dan Sexton, Kalifonsky area, addressed the portion concerning posei6Te annexation of Kalifonsky and Funny River Road areas. He noted the limits were not defined and owning a residence and business on Kalifousky the oAssembly estrike the annexation claused he could not afford any rfrom thees. e plan. Rich Underkofler, City Manager of Soldotna, stated he was present to answer any questions the Assembly might have on the plan, noting an error witi� the date in the fourth "Whereas" clause. In regard to the annexation issue, he stated their intent was to accomplish annexations by voluntary agreements with adjacent property owners, more or less as a condition of extending water and sewer services. It is not their intention to force any annexation. He provided copdwater and sewer plans annexation plan for thecnew highssdirectly to the Assembly an Mrs. McGahan objected to a statement regarding fire protection and emergency services which she felt takes for granted services will be combined under a single borough department. It states and areawide election will be held following enactment of an ordinance by city council to obtain voter approval for consolidation of such services within the central peninsula. Mr. Underkofler stated this refers to a more permanent relationship than the contractual agreement now in effect but in the Soldotna area only, if the present arrangement with Ridgeway and Sterling is successful. In response to questions from Mr. Brown, he stated there are three ways to annex propertyl one is by voluntary agreements. by a petition process where people ask to be annexed and there is an council bynd where ordinance, subjectcity mtoereviewuby the some boundary commission, i 4 l , i•� L i } 5 t, KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2. 1986 can accomplish it. He stated there is adequate due process in the State Statutes to protect the interests of property owners. With reference to a statement which gives the population of the entire Kensi/Soldotna area, he noted for too long the separate neighborhoods have competed against each other for scarce resources and the hope was that if an intergovernmental alliance could be formed some conceneus could be reached on what priorities should be for road, airport and marine projects when approaching the state for funding. Dolly Farnsworth, Mayor of Soldotna, stated in regard to expressed ors og annexation, it is addressed in the comprehensive plan because the plan addresses the future. Salamatof lands located south of Kalifonsky, are listed because owners have been coming for several years requestinannexation in order to provide water and sewer to the property. I.S.0 Fish and Wildlife donated lands on the other side of the airport which should be annexed if it is to be developed. She stated they do not intend to force anyone to come into the city limits. The idea is to set out the criteria in case it is needed. ASSEMBLYMEMBER MOORE MOVED THE ENACTMENT OF ORD. 66-67. Mr. Sewall stated the assembly has just approved the comprehensive plane of Seward and none of the cities operate in vacuums, none can foresee what development will occur outside city. The plans do not subvert the public proceset certainly due process will occur in any boundary change. Mr. Brown saw the Soldotna plan as predicated on the expansion beyond its present boundaries and would not support it. Mrs. McGahan asked Mr. Boedeker whether it was her prerogative to delete the clause addressing arsawide fire and medical services. Mr. Boedeker stated she could do that by motion. ASSEMBLYMEMBER McGARAN MOVED TO AMEND BY DELETING FROM PAGE 81 OF THE PLAN, THE PARAGRAPH BEGINNING "In the future..." UNDER "Fire Protec- tion and Emergency Services". Mr. McLane commented there had been numerous public hearings on the plan which has been in process for a year, and spoke against promulgation of a "Berlin Wall" approach to comprehensive planning on the Peninsula. After further UCNDK PREVIOUS QSTION WHICH PASSED discussion, ASSEMBLYMEMBER AND THE GANAMENDMENT FAILED BY A VOTE OF 3 YES TO 11 NOi Brown, McGahan and Johnson voting Yee. ASSEMBLYMEMBER CAREY MOVED TO AMEND THE 4TH WHEREAS TO READ "June 18" RATHER THAN "May 20" AND IT WAS APPROVED BY UNANIMOUS CONSENT - Mr. Dale and Mr. Carey spoke for the document, noting it is an expression of Soldotna's beet judgement of what their future is. what events are likely to take place and how they might beet fit into and prepare for those events. ASSEMBLYMEMBER MCGAHAN MOVED TO POSTPONE ORD. 66-67 UNTIL THE NEXT MEETING IN ORDER TO GIVE THE CITY OPPORTUNITY TO AMEND THE PARAGRAPH CQQl01NES?ION WHICIH PASSED BY A OOF SERVICES. YEAS TO 3 NSO O 1 Browner, Keene land Vtalli voting No. THE POSTPONEMENT FAILED BY A VOTE OF 2 YES TO 12 NOI Brown and McOahan voting Yee- ASSEMSLYMEMBER DALE MOVED THE PREVIOUS QUESTION WHICH PASSED BY A VOTE OF 12 YES TO 2 NO, Brown and Walli voting No. ORD. 86-67 WAS ENACTED BY A VOTE OF 12 YES TO 2 NOt Brown and McGahan voting No. -12- i 'i KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2 1986 (f) Ord. 86-68 "Adopting of a New Zoning Ma pp for the City o award" (Mayor) LNDS, LCL AFRS ME. Mr. Skogstad reported the Lands Cmte. voted a unanimous do pass. There was no public comment. ASSEMBLYMF.MSER SEWALL MOVED THE ENACTMENT OF ORD. 86-68 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (g) Ord. 86-69 "Authorizing the Receipt of $601,053 from t e State -of Alaska, Department of Transportation and Public Facilities, for Road Improvements in Road Service Areas Throughout the Borough and Appropriating the Funds" (Mayor) FIN. P.W. CMTE. Mr. Crawford reported the Finance Cote. recommended do pass and Mr. Sewall reported the same from the Public Works Cmte. There was no public comment. ASSEMBLYMEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 86-69 AND IT WAS APPROVED BY UNANIMOUS CONSENT- (h) Ord. 86-4BST "Amending KPB Chapter 5.18 to ar ze t 4(Se reation, Recording, and Notice of Lien on Real and/or Personal Property to Secure Payment of a Sales Tax. Plus Interest. Penalties, to and Administrative Costs in the Event of Delinquency (Finance Cmte) DEFEATED W/MOTION TO RECON.i FIN. CMTE. ASSEMBLYKEMBER WALLI MOVED TO RECONSIDER ORD. 86-44(SBST) AND IT WAS APPROVED BY A VOTE OF 11 YES TO 3 NOI Brown, Keene, and McGahan voting No. FOLLOWING BRIEF DISCUSSION, ASSEMBLYMEMBER CAREY MOVED THE PREVIOUS QUESTION WHICH PREVAILED BY A VOTE OF 12 YES TO 2 NO; Brown and Keene voting No. ORD. 86-44(SBST) WAS ENACTED BY A VOTE OF 11 YES TO 3 NOS Brown, Keene and McGahan voting No. **ASSEMBLYMEMBER SKOGSTAD GAVE NOTICE OF RECONSIDERATION OF ORD. 86-50 AS AMENDED" (i) Ord. 86-55 "Amending KPB 2.08.084 to Clarify Assembly Agenda reparation Deadlines" (Nash) Enacted w/Recon. ASSEMBLYMEMBER McGAHAN MOVED THE RECONSIDERATION OF ORD. $6-55 AND IT FAILED BY A VOTE OF 7 YES TO 7 NO; Welli, Sewall, Carey, McGehan, Skogstad, McLane and Johnson voting Yes. J. INTRODUCTION OF ORDINANCES K. CONSIDERATION OF RESOLUTIONS (a) Res. 86-113 "Limiting Borough Sonsorship of Attendance o the nnual AML Conference" (Aullen) Joan Bennett -Schrader, Kenai, stated during a teleconference this sprig s e recogn ze the influence of the Municipal League. She be a reading file of minutes of AML meetings, maintained in the Clerk's office, would be advantageous to community members. She believed four members would be adequate to attend and bring back material for the rest of the assembly and, hopefully, for the reading file. ASSEMBLYMEMBER MULLEN MOVED THE ADOPTION OF RES. 86-113. Mr. Mullen stated it was essentially a dollars and cents issue as the days of extravagance are over. -13- 0 c Im tt P Jr ...� , . is KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2. 1986 ASSEMBLYMEMBER MOORE MOVED TO AMEND SECTION i BY ADDING "no more than" PRIOR TO "four" AND THE MOTION FAILED BY A VOTE OF 5 YES TO 8 NOI Mullen, Moore, Carey, McGahan and Dale voting Yes. FOLLOWING DISCUSSION OF THE VALUE OF THE CONFERENCE AS WELL AS THE SIMULTANEOUS WORKSHOPS, ASSEMBLYMEMSER JOHNSON MOVED THE PREVIOUS QUESTION WHICH FAILEDt 8 YES TO 5 N0s Brown, Keene, Valli, Moore, Skogstad voting No. RES. 86-113 WAS DEFEATED BY A VOTE OF 5 YES TO 8 NOi Mullen, Moore, Carey, McGahan and Dale voting Yes. ASSEMBLYMEMBER McLANE MOVED TO SUSPEND THE RULES IN ORDER TO CONSIDER THE WORDING OF THE ELECTION BROCHUREi APPROVED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER MCLANE MOVED TO APPROVE WITH AN AMENDMENT TO THE INFORMATION ON PROP. /i, PARAGRAPH 5, LINE 6 TO INCLUDE MAINTENANCE AND COST WITHIMPACT AND ANSADDITION OF COSTEBT (approx lyTIREMENTi$45 000 toN$60,000) TMILL O PROPOSITION 02. Mr. Moore stated the Local Affairs Cmte. had tried in writingthe ballot information to make a simple statement which would clarify the issues for voters. The estimated annual building and maintenance costs are reflected in the proposition itself and he would prefer a notation that only the debt retirement of the bond issue is included in the .09 Mille noted in the information. ASSEMBLYMEMBER MOORE MOVED TO AMEND THE MC LANE MOTION TO ADD "Based on a 15 year bond sale debt retirement of this bond issue is estimated to impact the mill rate by 09 mills (lose than 1/10 mill)- MOTION FAILED BY A VOTE OF 7 YES TO 6 N0i Keene, Valli, Mullen, Crawford, Moore, Carey and Dale voting Yes. MR. MC LANE CLARIFIED HIS MOTION BY STATING IT WOULD CHANGE THE MILL RATE IMPACT FOR PROP. /1 FROM 11.09" TO 11.171- MILLS AND ADD "which includes debt retirement and building operations and maintenance cost." ASSEMBLYMEMBSR BROWN MOVED TO STRIKE FROM THE 4th PARAGRAPH UNDER PROP. tl "only 70% reimbursement is expected." IN THEIR PLACE, "there is no number for reimbursement which can be definitely planned." MOTION FAILED BY A VOTE OF 1 YES TO 12 NO, Brown voting Yes. THE MC LANE AMENDMENT REGARDING PROP. fl WAS APPROVED BY A VOTE OF 11 YES TO 2 NOS Dale and Skogstad voting No. Mr. McLane requested a mill levy equivalencfor Prayp 2 cost. Mayor Thompson stated this year it would be $43.991 or .01Z9 mills. MR. MC LANE ASKED THE AMENDMENT INCLUDE THIS MILL FIGURE AND BE ADDED TO THE PARAGRAPH BEGINNING "If this proposition passes..." ASSEMBLYMEMBER BROWN MOVED TO ADD TO PARAGRAPH 2 FOLLOWING PROP. t2, "There is no income limitation placed on application for this exemption." ASSEMBLYMEMSER MOORE MOVED THE PREVIOUS QUESTION WHICH PASSED BY UNANIMOUS VOTE. THE BROWN AMENDMENT FAILED, 1 YES TO 12 NOI Brown voting No. ASSEMBLYMEMBER VALLI MOVED A FRIENDLY AMENDMENT TO MC LANE'S MOTION, FOLLOWING "estimated at 0129 mills, based on the current Year's assessed valuation." MOTION FAILED 8 I raw or oo"El ore. Glick, Dale and Skogstad voting No. THE MOTION TO APPROVE THE BALLOT BROCHURES PASSED BY A VOTE OF 12 YES TO 1 NOS Brown voting No. -14- KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER_2, 1986 MRS. MC GAHAN RAISED A POINT OF ORDER IN ORDER TO GET HER POINT OF PERSONAL PRIVILEGE RECOGNIZED. Mrs. McGahan objected to a comment by Mr. Moore which she felt was an attack on her a fort to represent the needs of her constituency. Mr. Moore questioned some members' sense of duty to obstruct the progress of another area when that progress will not impede the progress of their own. Mrs. McGahan recalled in her years on the assembly there have been four attempts alter boundaries to take in the Nikiski Fire Service and tax base. Pros. Glick urged members to curb comments during "the beat of battle" in representing constituents. She also noted Mr. Sewall had been excused at approximately 11:50 p.m. as he was feeling ill. ** Item M. Eddie Wood, Siberia -Alaska Cultural Exchange Mr. Wood made reference to his brief presentation in Homer and stated he is the sole representative for the Exchange on the Peninsula. The tour is scheduled for departure October 5 and will be comprised of 60 performers and 30 support staff including former Gov. Hammond and media persons. He requested the Assembly provide a cultural/moral endorsement and indications of financial endorsement from individuals, businesses, etc. who wish to contribute to this nonpar- tisan, nonprofit venture. He stated he is still $1500 short of his allotted support of $2500 and a resolution or letter of support would help him raise the needed funds. As part of the exchange, a Siberian Russian contingent performing in Homer and other Alaska cities in the Spring of 1987. The main goal is to get the native people of both areas unitedi something that has not happened since World War II. They have permission to visit areas outsiders have not seen in 40 years and they hope to establish some rapport with people of that country. Mr. Keene requested preparation of a resolution indicating support for the next meeting. L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedt not for action this meeting.) (a) Ord. 86-73 HEAR 9/16 (b) Ord. 86-74 HEAR 9/16 (c) Ord. 86-75 HEAR 9/16 (d) Ord. 86-76 HEAR 9/16 (e) Ord. 86-78 HEAR 9/16 (f) Ord. 86-79 HEAR 9/16 (gg) Ord. 86-80 HEAR 9/16 (h) Ord. 86-8 (TABLED) (i) Res. 85-161 POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA N. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA Darlene Crawford, Seldovia, recalled when Seldovia's comprehensive plan was oefore the Assembly, there was no one from Seldovia to speak to the issue althouoh there was an entire chapter regarding annexation. A citizen a committee had worked through public hearings to resolve all problems at the local level, yet when it came to the Assembly, many questions were asked because of members' problems with annexation in general. The issue was resolved and included in the comprehensive pplan. Subsequently, two subdividers came to the city council and k euthaving xguidelines the plan, were able tojudge and decide heannexation not be cost effective. -15- L t t Eno L IN RENAL PENINSULA BOROUGH REGULAR ASSEMBLY MEETING SEPTEMBER 2. 1986 0. MAYOR'S REPORT The mayor declined to comment in deference to the late hour. P. OTHER BUSINESS Q. ASSEMBLY AND MAYOR'S COMMENTS ASSEMBLYMMER MOORE MOVED TO ADJOURN AND THERE WAS NO OBJECTION. R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (Sept. 16. 1986) Pres. Glick noted there will be meeting of the Kenai p.m. Trans ostation Capitag�Improvement ainPlan On Soldotnaeon� Sept t 17 30 The next the Rtenat River MMaannae regular Assembly meeting will be on Sept. 16 at 700 p.m. This meeting was adjourned at 1:00 a.m. Date approved October W 1986 .16- ow�,- / - -a L _ 9 iv r KENAI PENINSULA BOROUGH 41 REGULAR ASSEMBLY MEETING SEPTEMBER 16, 19861 700 P.M. f�. BOROUGH ADMINISTRATION BUILDING r. , • r SOLDOTNA, ALASKA A G E N D A L f pate Noy, j. A. CALL TO ORDER. I B. PLEDGE OF ALLEGIANCE ' u 7 C. INVOCATION: Rev, Roy Moore, Mt. Redoubt Be at - , _r �• ki D. ROLL CALL 1 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS g -- F. APPROVAL OF MINUTES: August 19 fi 21, 1986 l � •, G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Fandel, Johnson, Nash) 1 (b) Lands/Resources (Skogstad, Fandel, Johnson, Keene 1 Mullen) (c) Local Affairs/Legislative (Moore, Dale, Skogstad, 1 Sewall, Crawford, Walli) 1 (d) Public Works/Education (Sewall, Brown, McGahan, McLane, Mullen, Walli) •` (e) Data Processing (Johnson) M i H. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 86-127 "Authorizing the Sale of Sur lus 10 Adpt CMTE. Amen N.. Boroughersonal Property" (Mayor) FIN. as f (b) Res. 86-136 "Endorsement of the Efforts of the 2 Adptd `Alaska Pefforming Artists for Peace and Alaska -Siberia Peace Bridge" (Keene) (c) 86-137 'A Resolution of the Kenai Peninsula 2 Adptd ru�esembyRequesting that the United States go; Entry vernment Grant Areawide Customs Port of Status to the Seaports of the Kenai Peninsula" - (Glick/Sewall) LCL AFFRS I. ORDINANCE HEARINGS (a) Ord86-49(Cmte. Sbat) "Amending the Kenai Not of Ordinances Respecting Address %. en. neu a orougn uoue Liquor License Protests" (Mayor) PSTPND 9/21 LCL AFRS, FIN. CMTE. f ?` ;sv (b) Ord. 86-73 "Codifying Requirements for Contractors Not n om liance with Borough Tax Provisions" Address to e (Nash) FINANCE CMTE. _ ' (c) Ord, 86-74 "Authorizing the Transfer of S26,000 from 2 Recreation Enct - - e oration Budget of the North Peninsula Service Area to the Capital Budget" (Mayor) (d) Ord. 86-75 "Amending the Land Use Plan for the City 13 o'T-U­Fsor Lot 1, Block 1 and Lot 6, Block 2 of Enct i.._ Sprucewood Glen Subdivision from Medium/High Deneit y 5, Township „ _.... - Residential to General Commercial, Section 5 North, Range 11 West, S.M. (Mayor) HEAR 9/16 (e) Ord. 86-76 "Amending KPS 5.04,060 to Correct Appropri- Not to Permit Addr at one Procedure and Amending KPB 5.04.080 Public Hearings for Emergency Appropriations" (Nash) iM1 HEAR 9/16 L Page (f) Ord. 86-78 "Enacting a New Code Section Numbered KPB 12 3 7763To Grant an EXemption from Property Taxation to Senior Citizens, Disabled Veterans, and Their Sur- Enct viving Spouses on that Portion of the Assessed Valuation of Real Property Exceeding $150,000, Where the Property is Owned and Occupied as a Permanent Place of Abode by the Applicant" (Mayor) HEAR 9/16 (g) Ord. 86-79 "Amending KPB 2.04.010 to Repeal the Limit Not oF-Terme for Borough Mayor" (Nash) HEAR 9/16 Addr (h) Ord. 86-80 "Establishing Code Provisions on Access to Procedures Cmte) HEAR 9/16 Not Addr oro�cords" (Policies 6 (i) Ord. 86-50 "Amending the Borough Code of Ordinances to Not Fr—OdMor Service Area Board Member Compensation and TO RECONSIDER Addr Reimbursement" (Mayor) DEFEATED w/NOTICE J. INTRODUCTION OF ORDINANCES (a) Ord. 86-82 "Amending the Borough Code of Ordinances Not Respecting Assembly Agenda Preparation Deadlines" (McGahan) P 6 P CMTE, Addr (b) Ord. 86-83 "Amending the Borough Code of Ordinances 2 5epect ng Conflict of interest to Permit Dual Service W/D on the Assembly and Any Borough Board or Commission" (McGahan/Johnson) LCL AFRS 6 PUB WRKS CMTE. (c) Ord. 86-84 "Amending the Seward Urban District Zoning 2 Intr owe apter 21.78 Within the City of Seward" (Mayor) LCL AFRS 6 LANDS CMTE. (d) Ord. 86-85 "Promoting the Furtherance of Local Hire, Not P-r-qv-ra ng Certain Protections for Subcontractors, Adds Reducing School Contruction Costs, and Providing for a Construction Ombudsman" (Nash) LCL AFRS 6 P.W. K. CONSIDERATION OF RESOLUTIONS (a) 86-�1128_'Oppoeing.the Salary Cap Initiative" (Carey) Ree:, 2FINFRS 6-A CMTE Adp td as Amnd (b) Res. 66-129 "Establishing Procedures for Setting Prior- Not t es or t e Upgrading of the State's Secondary Roads and Rescinding Ree. 85-179 (Substitute)" (Mayor) LCL AM Addr 6 Y.W. CMTE. (c) Res. 86-130 "Awarding a Contract to Professional Design 14 Associates for the Design of the Nikiski Emergency WRKB. CMTE. Adptd Escape Route" (Mayor) FINANCE 6 PUB. (d) Res. 86-131 "Requesting Yukon Pacific to Consider RikisTcias a Terminus for the Proposed Gas Pipeline" 2 Adotd (McGahan/Mullen/Carey) LCL AFFRS. CMTE. (a) Res. 86-133 "Requesting the Administration Provide Not XTUR—on-aT"Assistance to the Kachemak Bay Gun Club Addr in Locating a Specific Site for Rifle, Pistol. and Trap Facilities' (Skogetad) FINANCE 6 LANDS am. (f) Ree. 864 34 "Requesting �Cappi_tal Improvement Priority 2 W/D Ste McLane) LCL AF(l8/LEG. CMTE. (g) Res. 86-135 "Directing the Kenai Peninsula Borough Prepare a Comprehensive Plan Not Addr Planning Commission to for the Kenai River Corridor Outside Cities" (Dale) LANDS/LCL AFRS. CMTE. L L a t:t 4 t. '. �r L. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedg not for action this meeting.) (a) Ord. 86-47 "Establishing a New Chapter 5.09 to the Kenai Peninsula Borough Code, for Instructions Specifying the Form and Procedures for the Submission of a Complete and Acceptable Bid" (Brown) PSTPND TO 13/11/86 Ord. 86-47 Substitute "Establishing Bid Procedures to Require the Presence of the Public Works Director, the Finance Director, and the Borough Attorney or His Designee at all Bid Contracts for Major Bond Issue Projects Over $500,000 to Determine Qualifications of Bidders and Requiring Strict Compliance with All Bid Specifications" (Walli & McGahan) PSTPND TO 11/11/86 (b) Ord. 86-81 "Amending the Borough Code to Comply with Revisions to Title 29 of the Alaska Statutes' (Mayor) (c) Ord. 86-8 "RepBaling Chapter 3.04& Enacting Chapters 3.06, 3.08. 3.10. 3.12, 3.14, and 3.16 and Amending/ Deleting Other Provisions Contained in the Kenai Peninsula Borough Code to Conform with Title 3" (Mayor) (TABLED) (d) Res. 85-161 "Approving the Terms of the Agreement Between Florence and Lawrence Lancashire and the Kenai Peninsula Borough for the Acquisition of Right -of -Way on Sport Lake Road" (Mayor) POSTPONED M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Dave Hutchings, Bid Process N. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA 0, MAYOR'S REPORT P. OTHER BUSINESS (a) Approval of Election Boards for October 7. 1986 Q. ASSEMBLY AND MAYOR'S COMMENTS R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (Oct. 14, 1986) - �. � r -• �SS.l---ec-_x-^-ems--':^: �^�_.__. .._.. _-_ .... .. .�•re......-...__�f^..^�•ci'. - ��_�...—�.__._ .. .._. -_ -_ _...-_ 1� _a f. t L • }I R KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES SEPTEMBER 16. 19861 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the assembly was called to order at 7:30 p.m. by Pres. Betty J. Glick. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was ggiven by Rev. Roy Moore, pastor of the Mt. Redoubt Baptist Church in Nikiski. D. ROLL CALL PRRESENTt Assemblymembers *Brown, Carey, Dale, Vandal, Glick, Johnson, Keene, McGahan, McLane, Moore, Mullen, Nash, Sewall, Skoggstad, Wallis Mayor Thompson, Admn, Aset. Best, Atty. Boedeker, Borough Clerk Brindley EXCUSED: Assemblymember Crawford *Arrived 7:40 p.m. E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of regular meeting August 19, 1986 and special meeting August 21, 1986 were approved as corrected. G. COMMITTEE REPORTS (Reports on Non -Agenda Items Only) (a) Finance (Crawford, Carey, Fandel, Johnson. Nash) (b) Lands/Resources (Skogstad, Vandal, Johnson, Mullen) Lands/Resources sel said ePlanning Fanner look selection of landsinthe Summit Lake area. (c) Local Affairs/ lAffairs/Legi islat>e (Moore, Dale, Skogstad, Sewl Local Affairs ger1oteP the Crnmsittee's nextmeting would be on Octb14,,986a2 0 m (d) Public Works/Education (Sewall, Brown, McGahan, McLane, Mullen, Walli) Public Works/Education Chairman Sewall noted the Committee would be meeting at the South Central High School on October 14, 1986 at 300 p.m. to tour the job site. (a) Data Processing (Johnson) H. AGENDA APPROVAL AND CONSENT AGENDA pp rsh On Res. 86-131 and requested Dales.reque requested Mrs.me be added to Gli k's name beeOadded to co-sponsorship of Rea. 86-135. Mr. McLanne asked that Res. 86-134 be to the ge da, but agenda. h .expressed objection uested Res. noting lag proadded cedure had been established for submission of legislation. Mr. Mullen said in consideration of Mr. Nash 's comments, he would withdraw Res. stated Mrs. tMcGahanm had asked here bega vote on thete. proposal toiadd Res. 86-139. - 1 - A • KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16 1986 PSREVAILEEDONEA VOTE OF,11 YES. 4 NOS ION TO Nash,(ES. Mullen,1Fandei aTO nd JohnsDA on voting No. ASSEMBLYMEMSER JOHNSON REQUESTED, AS SPONSOR, ORD. 86.83 BE REMOVED FROM THE AGENDA. Mr. Keene requested Mrs. Walli be added as a sponsor on Res. 86.136. Mr: Carey requested Res. 86-126 be moved from K. CONSIDERATION OF RESOLUTION, Item (a) and be moved to the first order of business under I. ORDINANCE HEARINGS. (a) Ras. 86-127 "Authorizing the Sale of Surplus #�ffjt7u-St oval Property (Mayor) FIN. CONTE- Mike Schmidt, auctioneer, stated he had started his business in Kenai n Auguet OZ 1985. He said he'd contacted the Finance Dept- at that time and advised he was interested in bidding on the next borough surplus auction. No was advised he would be contacted, but in fact was not through an oversight. No felt the auction should be delayed until such time as he was afforded the opportunity to bid along with other auctioneers. ASSEMBLYMEMBER BROWN MOVED TO REMOVE RES. 86-127 FROM THE CONSENT AGENDA. PRES. GLICK ADVISED MR. SCHMIDT THE RESOLUTION WOULD BE PLACED UNDER REGULAR CONSIDERATION OF RESOLUTIONS AND HOPED NE WOULD COMMENT ADDITIONALLY AT THAT TIME. (b) Res. s86-ur 881a,TerminusnEgforukon the Pro+fic pposedtGasoPipeline" (McOahan/Mullen/Carey/Olick) LCL AFFRS. CMT'F- (c) Res. 86-136 "Endorsement of the Efforts of the Alaska er orn ng Artists for Peace and Alaska -Siberia Peace Bridge" (Keene/Walli) (d) Rea. 86-137 "A Resolution of the Kenai Peninsula Borough seem y questing that the United yStates Government Grant of thedKenaitPeninsula"f(Glick/Sewall)tLCtheFFRS Mr. Sewall said Homer, Seldovia, Soldotne Kenai and the Nikiski Chamber of Commerce had stated supported for the areawide customs port of entry status. (e) Rnsj e6- ountAofr$28,767.50 fortthe Construction ofothe Anchor Point Fire Station Site Work" (Mayor) (f) Ord. 86-74 "Authorizing the Transfer of $26.000 from ServicerAreanto'tletCapital Buthe dget" (Mayor) eninsula Recreation (g) Ord. 66-84 "Amending the Seward Urban District Zonis LCL AFRSp& LANDS CMTE.78 FORhI Ci =tOl ONLY (Mayor) The consent agenda and agenda was approved as amended. I. RESOLUTION (a) Res. 86.128 "ppposin the Salary Cap Initiative" (Carey) pllT ; LCL. Arr CMTE. Acting Finance Chairman Carey advised the committee approved two (2) amendments and voted 3-1 "do pass". He said the amendments recommended the second, third, fourth and fifth wherases be deleted andunder opposes this . Line Line 4. SSTTRIIKKE. ('Section 1. That the u't� rCFer— "Ehs possible - 2 - t- - c KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16. 1986 tax savings from the cap would likely be exceeded by the cost impact .� created by such a cap resulting in an increase in taxes rather than a decrease.') Yvonne Dyson, Soldotna, urged adoption of the resolution as tieing stra g t orward and honest. She said misinformed people, including . } herself, signed the salary cap petition although she later withdrew her name. Judith Dixon Nikiski, urged adoption of Res. 86-128 and support of 3 the employees. She cited the high cost of turnover, training and general disruption in government services would ensue the salary/benefit cap. Bob Mallo• Citizens for Fair Pay, stated support of Res. 86-128 _'i-_ --.—f' oppos�ng�groposition 03. He said many people have the mistaken the assembly supports Mr. Brown and Mr. Cole's + imppression that salary/benefit cap petition because Mr. Brown refers to himself as He felt the assembly �. Assemblymember Brown in advocating the idea. should be concerned about the prime sponsor's politics of vengeance. i • He cited the censure motion by the assembly based on employees testimony and Mr. Brown's subsequent filing of the petition two weeks later. He quoted Mr. Brown speaking at the Soldotna Chamber of "The this assembly or this �rf Commerce, public cannot trust administration to do its job." He noted the prime sponsor had sued +` the Mayor, the Borough Attorney and the Kenai Peninsula Borough. He felt these were the politics of radical disruption. He felt cut but this employees had responsibly accepted a ten.!10) percent cap was irresponsible. Mr. Brown asked if the gentlemen was aware that per Dir. Brown's understanding the testimony mentioned exhonerated him of charges. Mr. Malloy said his comments were based on indepth research and :} analysis of hearings before the assembly. Bill Hatch Nikiski, stated support for Res. 86-128 because he felt the sa ary benefit cap proposal was arbitrary, capricious, divides labor from management and does not allow labor a fair voice. He felt the salary cap was socialistic and not deserving of the community. Sharon Moock Soldotna, spoke in support of Res. 86-128 as she felt oa ary cap was ill-conceived and not well thought out petition and Mr. Brown had admitted publicly many times he didn't know how it felt it socialistic and voiced the would be implemented. She, too opinion this country was founded on the philosophy that if you worked - + hard, you'd get ahead. She said although no one would know until after the fact, the measure could end up costing more than it would :-! save. She noted the co-sponsor, Mr. Cole, seemed to be having problems with it and had said so publicly. Mr. Brown asked Ms. Moock if her business had been targeted by employees for boycott. Ms. Moock said she wasn't sure although there :f - had been many rumors going on and she said quite frankly the only way such a rumor starting, since the petition had not been h• she could see turned in, would be if the petition circulators had started it. - Marc Cowart, Homer, said he was a sponsor of the salary cap n at ve and not an advocate of the politico of radical disruption. He felt the philosophy of hiring of employees needed to be looked at back + and recognition that with decreasing state revenues, cutting on - :- - — -- =- -- borough government would have to be looked at. #- :. ;, ---� --- ----=- -- :++ Carl Guess spokesman and Co -Chair for the Citizens for Fair Pay, spo e n avor of Res. 86-128 citin myths about the salary/benefits pay cap (Prop. 03)t 1) Myth: Proposition l3 is a pay cut -- In fact, it is a benefits and salary cap and employees have taken a ten (10) �! I percent cut and concession media by union employees with the current have the borough S797,OOO1 2) Myths It will only contract saved effect upper level management. In fact, any employee making more than 850,000 in wages, medical insurance and retirement benefits will be -3- L L is , 16 !I t i V KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1966 affected currently including 27 union positions in addition to management personnels 3) Myths Citizens for Fair Pay instigated legal action to prevent Prop. !3 getting on the ballot and is responsible for legal rose accrued by the borough. in fact, the borough clerk, acting on advice from the legal department, refused the salary initiative proposal submitted. The petitioners then sued the Kenai Peninsula Borough and quad the borough attorney personally, thus preventing him representing the Kenai Peninsula Borough in court. The Kenai Peninsula Borough then had to hire outside counsel at a cost approaching $20,000, 4) Myths A loan fund exists for borough employee:. In fact, there is no loan fund. 5) Myths Borough employees salaries have raised property taxes. In fact, voter approval of bond issues and services have affected the tax levy -- $7.15 million for the South Peninsula Hospital, $18,95 million for the Central Peninsula Hospital Service Area, $226.05 million for school construction. He advised for every day of this year, the borough will pay, $72,367 in bonded debt service. Since 1976 services that were approved resulted in 20 new schools or schoot additions, 2 hospitals and a chemical dependency unit, 911 Emergency Communications, Port and Harbor Authority. one emergency medical, one recreational, five fire and four road service areas. He said proponents claim the proposition will save $1.3 million but based on the wording within the petition the finance department has calculated actual savings of $202,750 in union cutbacks, $206,500 in non -union cutbacks for a total savings of $409,250 or roughly .011 mills. Additionally a total of $189,730 cutbacks could be made in the Nikiski Fire, Ridgeway/Sterling and Central Peninsula Emergency Medical service areas. However, only residents in these service would realize these savings, He noted 60% of the property tax notices o to Out Of state adses soactual savings to residents of the peninsula would bde even less ,thHe said this $409,250 could buy roughly 6 days of debt service or about 1% of the FY86-87 budget. He said the salary cap would cut over one-half million dollars from the local economy. Secondly, the second highest paid employee - the administrative officer - will take a 41% cut in pay. This cut will trickle down in some form from the highest paid administrator to the lowest paid union employee. He said employees will leave the borough and there will not be qualified individuals to fill the void without costly training and time lost while trainingg. He noted under new federal provisions, departing employees will be eligible for extension of medical benefits up to 18 months after leaving and contracting for services will result in the borough covering contractors' overhead costs. Finally. he said the committee believes Proposition 03 has already cost the borough money through the daily impact on employees of ridicule and anxiety not conducive to productive working conditions. Jerr Hobart Soldotna. equated the assembly's job to .a board of roc ore o a major corporation. He said if there were an attempt to interfere with the orderlyy. efficient operation that could cause drastic problems and possible financial losses and as a board of directors, there was failure to exercise a leadership role by not rs (taaxpayers) (that would be it ntamount to dereliction f a sworn oath. Bob Brown pest -president of school district employees, cited a letter sent by Assemblymember Brown referring to the school district. I will not leave the school district untouched. He said this would have a devastating effect on the negotiating process and he was in positive support of the resolution. Barbara wilcox,, borough employee and secretary for the Kenai Borough mp oyeea Association, emphasized the duress employees have experienced hee assecmebly the lastfew confidehnce in She them. Sheed felt employees loyees shed ad become a scapegoat for the entire system. She asked the assembly to weigh taxes, he facts and see the reduced ed ced budgets and creation yof a is not the answer to lower smaller government, Mr. Brown asked Me. Wilcox if she were aware the salary cap simply - 4 i .r.t>4 9t�1 F i'- KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 places a cap on salaries and benefits at $50,000. Me. Wilcox asked if Mr. Brown were suggesting it would only effect people who have salaries and benefits above $50,000 and Mr. Brown concurred. Me. Wilcox said she agreed the wording suggests it would only effect those people. However, as a union officer who had worked in negotiations, she was aware that if management and people that are classified as degreed and highly skilled individuals, warranting a higher salary, are reducedl the blue collar and clerical worker upon wage reopeners would by the borough system take a cut. She stated there would be a wage reopener in January and she feared if this passes it would trickle down to these workers. Mr. Brown asked if she agreed with reduction of workers. ASSEMBLYMEMBER MOORE RAISED A POINT OF ORDER. HE STATED THE QUESTION WAS NOT ONE OF CLARIFICATION SOMETHING THE SPEAKER HAD SPOKEN ABOUT. ASSEMBLYMEMBER BROWN DISAGREED. PRES. GLICK ASKED MR. BROWN TO REPHRASE HIS QUESTION AS SHE BELIEVED IT WAS A DIRECT QUESTION NOT A POINT OF CLARIFICATION, AS MRS. WILCOX HAD NOT MENTIONED THE SUBJECT. Mr. Brown asked Me. Wilcox if she were aware that it is in the intent of the salary cap to preclude for as long as possible the reduction in the number of borough employees by reducing the salaries and benefits in order to reduce the total expenditure rathor than reducing the number of employees. Ms. Wilcox responded she was not aware of that and she didn't recall this Ianguega being it in the heisalary cap petition initiative. Mr. Brown repllii dd wording... ASSEMBLYMEMBER DALE RAISED A POINT OF ORDER. HE FELT IT WAS PLAIN AND OBVIOUS THAT THIS WAS NOT A QUESTION OF CLARIFICATION. HE STATED IF MR. BROWN WISHED TO DEBATE THE. ISSUE, MAKING A STATEMENT OF OFOR . I THE Q ELATTO DEBATE CLARIFY THAT POINT HE SHOULD DO IT ON THE HE STRONGLY DISAGREED WITH ALLOWING POINTS TO E MADE AT THE EXPENSE OF PEOPLE WHO HAD COME TO GIVE TESTIMONY. PRES. GLICK REITERATED HER STANCE TO MR. BROWN THAT HE NEEDED TO ASK QUESTIONS FOR POINTS OF CLARIFICATION ON THE TESTIMONY THAT HAS BEEN GIVEN AND NOT TO INTERJECT HIS VIEWS. ASSEMBLYMEMBER SEWALL SAID HE ALSO DISAGREED WITH THE IDEA THAT ASSEMBLYMEMBERS WERE HERE TO ENGAGE IN DISCUSSION WITH PEOPLE GIVING TESTBEENIMONY. HE QUESTIONED SAND HE FELT THIS AID VIRTUALLY EWAS INPODIUMRY pZRSON COMING TO THE APPROPRIATE AT THISTIME RE ASKED THE RULE BE ENFORCEDREGARDING QUESTIONS AND PUBLIC TESTIMONY. PANDSNOTLICK AGAIN STATED QQQUESTIONS OF DE ATEUEAND STIOANSWER OR SUPPONS ARE TO BE SITION F CLARIFICATION Kim Montee Soldotna, appeared as a borough employee and said morale among emp oyees was at an all-time low. He. noted the effect of having a casual fallacy repeated and accepted as gospel about this issue. Trying to convince people otherwise, he said was very difficult and employees often feel at the mercy of the salary cap proponents and the media. He urged members to support employees and send a message to the public. I.en Bunts Sterling, handed out a resolution ppassed by the City of Kenai ci vo ng opposition to the salary cap. He stated he believed many people signed the salary/benefit cap petition without knowing what they signed. He said over 60 people have removed their names voluntarily from the petition with over 50 having stated they were misinformed by the petition circulators. He cited several of the statements of misinformation and the proposition was against the American work ethic. Jim Thiebaut Kenai. presented two letters from the Kenai Peninsula ro—rougb ScboolDistrict Classified Association. He said on Sept. 13, 1986. the general membership of Local AFT Local 3255C voted unanimously to oppose the salary/benefit cap initiative. He said the KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 proposition is a threat to the basic rights of working men and women of the borough and school district - the right to collective +f bargaining. The The other letter presented was from the president of I the Alaska Federation of Teachers which stated on Sept. 6, 1986, 1 unanimously voted to oppose the salary/benefit initiative. The ' a 7 letter cited lose of revenue for communities and qualified employees I j I quitting to seek work elsewhere. j Mar Relmineki 8oldotna, reported she had gone to 90 businesses in 1 t e o o na enai area to display posters. Many indicated they had - been misinformed on the cap. Of these businesses, 67 promptly agreed to display the posters, 21 had store policies against such display. and 2 would not display with no explanation. ; i; Larr Semmens Borough Treasurer and Citizens for Fair Paq Treasurer, ( + noted e proposed amendment to strike two (2) of the "whereasee" had :a been passed in the City of Kenai. He urged members to oppose the , F salary cap. a 1 Louie March Jr.. Seward, be felt there could have been a compromise on a ea ary cap and wished the assembly had considered his 560.000 salary cap, not including benefits. He felt the initiative needed a tt cost of living and inflation clause in it. M. A. "Dusty" Rhoads, Funny River area, said he wanted to go on the record as a cc-sponeos of the initiative and in opposition of the '.; resolution under consideration. He said this was American politics at work and questioned the motive of the resolution being brought before the assembly by Mr. Carey. He felt there wasn't confusion �'. about the issue and the motivation for the resolution was political..." 4 Ms. Groan said in the interests of fair play and discussion he had f allowed himself to be criticized and he didn't feel it fair Mr. Rhoads was not allowed to further speak. j Pres. Glick advised Mr. Brown this assembly is sitting here and I taking public comment either for or against a resolution up for consideration. It is not here to allow a forum for campaigning for :. office and she would not allow that. Mr. Brown objected. He said he thought this was exactly the forum for campaigning that the people of the borough need. Brad Bradney, Soldotna, spoke in favor of Res. 86-128. He said :.. passe a would send a clear message to the public on just how the assembly feels on this issue. He said whereas the assembly has delegated the authority to the mayor to establish administrative and executive salaries and the upper dollar amount would not exceed the He said taxes weren't high because of amount outlined in Res. 85-96. salaries but because of services approved by voters. Re noted 82% of the general fund budget is dedicated to education, the salary cap v only deals with a small portion of the budget. He observed the :I salary cap would eliminate overttime. Re said if the firemen or paramedics need overttime he wanted them to have it. He also wondered bow much the proposition would coat taxpayers. He also j asked members to remember you get what you pay for. REARM Clam Gulch, said he hadn't decided vet on Proposition 13. e ea a agreed with the intent which was supposedly to save money and keep the borough within the budget. But he disagreed with the way it was being done. He felt there were t{�ree (3) things to keep in mind -- the borough was going to have to stop spending more more. saving more money or make more money. He was of the opinion f i services were contracted out there would be danger of corruption if -' -- — — - - - -- private enterprise were involved. He said he supported Louie March's proposal. Craigg Fa�nni�ng� Kenai. urged members to vote in favor of Mr. Carpy's rasoh often and remirded members when they approved the employees' �.. - 6 11 i 1 V tl KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF_SEPTEMBER 16, 1986 contract the employees already capped their own salary voluntarily. along with the ten (10) percent cut already taken. ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RESOLUTION AND 86-128 AND PROPOSED TWO FINANCE COMMITTEE AMENDMENTSt STRIKE/ADD, SECTION 1 LINE 1, "That the assembly opposes the adoption of W this. ..",STRIKE, LINE 4., "the public and is arbitrary in nature. e eadea'byhthe ocostle tax impact created by suchthe a cap resulting in an increase in taxes rather than a decrease.) AMENDMENT 2z DELETE THE 2ND, 3RD, AND 4TH WHEREAS. Mr. Carey said discussion in the Finance Committee stressed the assembly needed to be very clear in the statement it makes. Thus, the committee decided to drop the four whereases. This was not because they were necessarily inaccurate or incomplete but only that they could not provide absolute definite proof. ASSEMBLYMEMBER MOORE MOVED TO AMEND THE SECOND AMENDMENT, ADD 2ND, 3RD, 4TH AND 5TH WHEREAS, LINES 1, "WHEREAS, the assembly feels' THERE WAS CONSIDERABLE DISCUSSION AS TO WHETHER THE MOORE AMENDMENT WAS APPROPRIATE AS THERE WERE TWO AMENDMENTS ON THE FLOOR WHEN IT WAS PROPOSED. Mr. McLane asked if the two Carey amendments had been consolidated into one amendment. Pres. Glick said she was dealing with them in two separate amendments. Mr. McLane quoted from Mason's Legislative Manual "Only one amendment to a proposition (known assAmen memo t"Ge Mrst degree) is permitted at a time and one amendment to that amendment is permitted at one time." He was of the opinion that Mr. Carey's proposed two amendments were out of order unless combined. Pres. Glick concurred with Mr. McLane's information but noted in order to facilitate the meeting flow she would allow the amendments unless there were strong objections. Mr. Nash said he was the Finance Committee member who brought up the amendment to delete the four whereases. He said he'd brought this up because he was trying to eliminate portions where there were not specific facts in support. He said he had no problem with Mr. Moore's amendment to the third and fourth wherases, but was opposed to amendment to the second and fifth whereases. ASSEMBLYMEMBER NASH MOVED THE DIVISION OF THE QUESTION. ASSEMBLYMEMBER NASH ASKED UNANIMOUS CONSENT APPROVAL FOR THE MOORE AMENDMENT TO ADD TO THE THIRD WHEREAS, "the assembly feels". Mrs. McGahan objected. THE THIRD WHEREAS WAS AMENDED ON A VOTE OF 10 YES, 5 Not Brown, Keene, McGahan, McLane and Johnson voting No. AMEND LYT To ADD TO THE FOUASH ASKED URRTTHHIMOUS WHEREACS, "the assembly feelFOR s Mr. Brown objected. THE FOURTH WHEREAS WAS AMENDED ON A VOTE OF 10 YES. 5 Not Brown, Keene, McGahan, McLane and Johnson voting No. THE MOORE AMENDMENT TO AMEND THE SECOND WHEREAS ADDING "the Assembly feels" FAILED ON A VOTE OF 7 YES, 8 NOt Waili, Mullen, Sewall, Moore, Carey, Dale and Skogstad voting Yes. THE MUORE AMENDMENT TO AMEND THE FIFTH WHEREAS ADDING, "the Assembly feels" FAILED ON A VOTE OF 6 YES, 9 N0, Walli, Mullen, Sewall, Moore, Carey, and Dale voting Yes. THE CAREY AMENDMENT TO DELETE THE 2ND, 3RD, 4TH AND 5TH WHEREAS. - 7 - • 7 i 4 S; i! KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 t �i is ASSEMBLYMEMBER NASH MOVED DIVISION OF THE QUESTION ON WHETHER TO DELETE THE SECOND, THIRD, FOURTH AND FIFTH WHEREAS. 4ON FAILED ASkogstad i THE CARE NO�DMENNT.TWallig Ma�11�Een,ECMooreWHECRBErAgy and 8 YES, voting No. THE CAREY AMENDMENT TO DELETE THE THIRD WHEREAS FAILED ON A VOTE OF 6 Johnson voting ? YES, 9 N0, Keene, Sewall, Carey, McGaban, McLane and :..s .- Yee. TO DELETE THE FOURTH WHEREAS FAILED ON A VOTE OF THE CAREY AMENDMENT S YES, 10 NOI Keene, Sewall, McGahan, McLane and Johnson voting Yes- .� AMOM T TO THE FAILEDOF 8 Glick Dale=v THE iHS,C7 CAREYDELETE ting Sewall, Moore. and No. THE CAREY AMENDMENT TO AMEND SECTION 1. LINE 1. �S'PRISKEIKII''Th4t of th;e [a1 • • .'r� ;y the assembly opposes the adoption ("Fusther, the possible tax savings � the cap would likely be resulting in an exceeded b the cost impact created by ouch a cap increase in taxes rather than a decrease.111 ASSEMBLYMEMBER MC GAHAN ASKED UNANIMOUS CONSENT APPROVAL. -S ASSF,NBLYMEMBER MOORE VOICED OBJECTION. Mr. Moore stated he was glad the resolution had not been gutted and opposed the :.i felt the resolution would state why the assembly initiative and felt it the duty o: the assembly. / Mr. McLane said he personally opposed the salary cap initiative but be with these wbereaeee intact t hoped Res. 66-128 would not passed because they are not proven facts at this time. J f thevote. salary cap dvise was voters how t osed to the Mrs.snot she " thefrom assem should s Mr. Nash said he was the Finance Committee member who proposed the Carey amendment to delete the last sentence but it wean 't because he had _•_ t _ was opposed to Res. 86-128. He noted much of the testimony mentioned misinformation and he didn't want to further disseminate misstatements of fact - �. -" Mayor Thompson stated if members were going to go on record opposing to state the reasons they are the salary cap, then they needed opposed. It was his feeling that there was no question the possible likely be exceeded by the cost impact j tax savings from the cap would created by the cap. } Mr. Brown was the all the rreand bad California's .._ _. ted citinggrtheehistory of ck Tie started no factual backup. !!tt Proposition 13. ASSEMBLY MBER MC GAHM RAISED A POINT OF ORDER, ASKING IF MR. BROWN WERE GOING TO ADDRESS THE AMENDMENT AND NOT THE RESOLUTION. Mr, Keene felt the assemblymembers should not misrepresent themselves to come back on the assembly I to the public, allowing the public as the body had tried to persuade the public bow to vote on an issue. PRES. GLICK CALLED FOR THE VOTE ON THE CAREY AMEtIDMENT, SECTION 1., "ti STRIKE _-.`i.. LINE 1.. STRIKE/ADD, "That the assembly opposes (a) this ... the tax savings from the cap would likely _ LINE 3, (Further. possible be exceeded by the cost impact, created by ouch a cap resulting in an increase in taxes rather than a decrease."1 -8- i `l 4. � I KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 I THE CAREY AMENDMENT TO STRIKE/ADD TO SECTION 1. WAS ADOPTED ON A VOTE OF 13 YES, 2 801 Brown and Moore voting No. Mr. Brown reviewed the history of the initiative, as a sponsor, and contended although one borough attorney couldn't represent the borough on the initiative there were two others. He said he would vote against the resolution, He cited other states' salaries and said this state's cost of government was higher than any other state. He said the assembly failed in its job to protect taxpayers and asked if the assembly was going to fail them again. ASSEMBLYMEMBER WALLI MOVED TO AMEND RES. 86-128, TO CONSIDER RES. 86-128 ALTERNATE. Mrs. Walli felt the issue was the assembly should disclaim involvement with the salary capp She pointed out of the four (4) mill levy, 2.5 of that is the $83 million school bond issue passed by taxpayers. The balance of 1.5 is used for maintenance and operations of the borough's thirty building and the salaries of employees. She felt this factual information could convince voters the salary cap would not lower their taxes. Mr. McLane said he believed he could support this alternate, but he believed Title XXIX was clear the mayor has administrative duties under the budget to hire and fire personnel and to set salaries as long as they do not exceed the approved budget items. He noted the assembly had just approved an employee contract negotiated by administration. Mr. Carey stated he couldn't support the alternate. He felt members needed to take a clear cut stance on support or opposition and felt the alternate was not clear cut. ASSEMBLYMEMBER NASH MOVED TO AMEND RES, 86-128 ALT., CREATING A NEW SECTION 3., "The assembly opposes the adoption of a can on wages, ASSEMBLYMEMBER MOORE MOVED THE PREVIOUS QUESTION AND ASKED UNANIMOUS CONSENT. OBJECTION WAS VOICED. THE MOORE MOTION TO MOVE THE PREVIOUS QUESTION, LIMITING DEBATE, PREVAILED ON A VOTE OF 10 YES, 5 NOs Brown, Keene, Walli, Sewall and McGahan voting No. THE NASH AMENDMENT WAS ADOPTED ON A VOTE OF 9 YES, 6 NO Brown, Keene, Walli, Mullen, Carey and McGahan voting No. ASSEMBLYMEMBER MULLEN MOVED THE PREVIOUS QUESTION ON RES. 86-128 ALTERNATE, LIMITING DEBATE. THE MULLEN MOTION TO MOVE THE PREVIOUS QUESTION, LIMITING DEBATE, PREVAILED ON A VOTE OF 11 YES, 4 NOs Brown, Keene, Walli and McGahan voting No. THE WALLI AMENDMENT TO ADOPT RES. 86-128 ALTERNATE FAILED ON A VOTE OF 7 YES, 8 NOI Nash, Keene, Walli, McGahan, Dale, McLane and Johnson voting Yes. Mr. Sewall spoke in favor of adoption of Res. 86-128, even though not all the whereases could factually be substantiated. He noted he'd written a letter to the editor of the Seward paper stating his opposition to the salary cap. Mrs. McGahan spoke of the worthiness of the initiative process, but stated she didn't feel the salary cap was a rational way of cutting expenses. She felt a mill rate cap would be more appropriate. ASSEMBLYMEMPER MC GAHAN PROPOSED AMENDING RES. 86-128. SECTION 1.. LINE 1., STRIKE, " . (the adoption of this] $50.000 cap on wages, salaries and benefits of borough employees. , L a r {? L KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 PRES. GLICK ASKED IF THERE WERE ANY OBJECTIONS TO UNANIMOUS CONSENT. THE MC GAM AMNDMENT TO RES. 86-126 WAS ADOPTED ON A VOTE OF 13 YES, 2 NOt Brown and Skogstad voting No. ASSEMBLYMEMBER WALLI MOVED TO AMEND THE TITLE OF RES. 86-126, ADD. "OPPOSING THE SALARY CAP INITIATIVE AND DISCLAIMING ASSEMBLY INVOLVEMENT WITH THE SALARY CAP INITIATIVE. Mr. Brown claimed this assembly created the initiative when it passed on four (4) mills of direct taxation and two (2) mills of an indirect tax this year. ASSEMBLYMEMBER NASH RAISED A POINT OF CLARIFICATION. MR. NASH STATED THE TOTAL BUDGET FOR THE BOROUGH AND SCHOOL DISTRICT WAS TAXATION. TELTHEREFORE i HEIO DIDN T FINDSA CORRELAT ONNBETWEEN ITHED BY THE INITIATIVE AND CAP WHEN REPAYMENT OF CAPITAL BONDING PROJEASSEMBLY'S ACTION PCTSI WAS T$26 MILLIONN.. R PRES. GLICK STATED HIS POINT WAS WELL TAKEN AND ASKED MR. BROWN TO BRING HIS COMMENTS BACK IN LINE TO THE RESOLUTION. Mr. Brown reiterated the assembly had a direct hand in establishment of the initiative as a result of assembly and administration actions. He said he could not support the resolution. Mr. Sewall felt it important the assembly disclaim involvement to clarify the impression of the public that the assembly had put the item on the ballot. ASSEMBLYMEMBER WALLI'S AMENDMENT WAS ADOPTED ON A VOTE OF 13 YES, 2 NOt Brown and Dale voting No. Mr. Keene thanked people who had given comments and Mr. Carefor offering the legislation. He was initially, opposed to Res. Sg 128 because he was afraid it would set a dangerous precedent and other ballot propositions had not been addressed by a specific resolution. However, as a vehicle to clarify the matter to the public he would support Res. 86-128. Mr. Skogstad said the other two ballot propositions had been dealt with on the assembly floor but the salary cap had not been addressed by the assembly. Mr. Carey felt the initiative was incomplete and uncomprehensive and the assembly should take a stance of opposition. He said the real issue was overspending by government and not employees' salaries who were targeted for the resulting wrath. He said the reality was Alaska costs more to live in than any other state and that fact could not be wished away. He felt employees should be supported and members were elected to provide expert opinion and not to back away from the issue. RES. 86-128. AS AMENDED, WAS ADOPTED ON A VOTE OF 14 YES, 1 NOs Brown voting No. (b) Res. 86-127 "Authorizing the Sale of Surplus Borough ersoP"-nal—F=oparty" (Mayor) FIN. CMTE. Finance Committee Acting Chairman Carey stated the Committee recommended amending by striking the three (3) meals on wheels food carts (instead offering them to senior citizens groups in Kenai. Soldotna, and Homer). He advised borough administration had requested the mammography xerox developing system be withheld from the list to be sold at a hospital equipment auction in order to fully realize the value, $10,000, and removal of the Ed Hakert Memorial Building. se requested by administration. ASSEMBLYMEMBER CAREY MOVED ADOPTION OF RES. 86-127. - 10 - I L KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 ASSEMBLYMEMBER CAREY MOVED TO AMEND BY DELETION OF THE THREE (3) MEALS ON WHEELS. CARTS, THE XEROX DEVELOPING SYSTEM MAMMOGRAPHY EQUIPMENT AND THE ED HAKERT MEMORIAL BUILDING FROM THE SURPLUS EQUIPMENT LIST. ASSEMBLYMEMBER NASH ASKED UNANIMOUS CONSENT. T#E CAREY AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Mr. Nash asked what type of list exists for auctioneers and what ordinances control selection of a sole source contract. Mayor Thompson said he didn't know of any ordinances and there had been a mistake made in giving the bid to the auctioneer without other proposals. Mr. Nash asked how much had been spent for advertising £or this specific date even before assembly approval. Adm. � Asst. Beet said it had been advertised 'subject to assembly approval'. Mr. Nash asked if the borough were contractually in an agreement so the agreement couldn't be voided and request proposals from the three or four auctioneers in the borough before Sept. 26 sale date. Mayor Thompson said at this point there was a verbal agreement and he felt this should stand until there was a written agreement. ASSEMBLYMEMBER NASH PROPOSED AMENDING RES. 86-127, ADD NEW SECTION 6., "That the administration seek Rr000sals from all 1lcensed T =A- And Mr. Nash guidelines,said but hjustwasn't providetrying the administrationto direct opportunityforall licensed auctioneers to bid. ASSEMBLYMEMBER SKOGSTAD MOVED TO AMEND THE NASH AMENDMENT STRIKE/ADD, "That the administration seek proposals from (all) three licensed..." Mr. Brown spoke against the amendment feeling this provided arbitrary, capricious selection. He questioned a percentage of the gross being paid to the auctioneer and asked what the percentage was. ASSEMBLYMEMR N BE INAPPROPRIATE PORDER STATING PERCENTAGE FORMATIONIF THE BOROBOROUGHWERE FIGUREWOULGOING TO TAKE COMPETITIVE BIDS. Mr. Nash said if a information. But, prior to contract letting been contract, this should npublic t be disclosed. ASSEMBLYMEMBER SKOGSTAD RAISED A POINT OF ORDER. HE STATED HE DIDN'T SEE WHAT THIS HAD TO DO WITH HIS PROPOSED AMENDMENT. tompass. ifenot passet said d. it would would then become public ine if the formation. Mr. Nash spoke against the Skogstad amendment as the borough might be placed in the same position of inadvertently missing an auctioneer. Mrs. Walli said she didn't feel there were that many licensed auctioneers, paid up on sales tax, and she urged passage of the Nash amendment. Mr. Dale spoke in favor of the Skogstad amendment seeing it not as a question of missing an an auctioneer, but limiting notices to a potential three hundred plus names. THE SKOGSTAD AMENDMENT WAS ADOPTED ON A VOTE OF 10 YES, 5 NOt Nash, Brown. Walli, McGahan and Fandel voting No. AMENDrZ ASMC SENBLyMEMBER ASKED ASSEMBLYANIMOUS CONSENT APPROVAL OF THE NASH MEMBER MC LANE OBJECTED. THE NASH AMENDMENT WAS ADOPTED ON A VOTE OF 14 YES, 1 NOI McLane voting No. is k KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 Admn. Aest. Beet said in light of the amendment, he felt the borough was in a time quandry and suggested amendments to Section 3. making the date October 24. In Section 1. the time would need to be reflected as October 25. ASSEMBLYMEMBER CAREY PROPOSED AMENDING SECTION 1., LINE 4. STRIKE/ADD [September 27,1 October 25, AMEND SECTION 3.. LINE 2. STRIKE/ADD ...[September 26,1 uctoger 24....11 THE CAREY AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. RES. 86-127, AS AMENDED, WAS ADOPTED ON A UNANIMOUS VOTE OF 15 YES, ASSEMBLYMEMBER MOORE MOVED FOR SUSPENSION OF THE RULES FOR AGENDA ADJUSTMENTS DUE TO THE LATENESS OF THE HOUR. ASSEMBLYMEMBER BROWN OBJECTED TO SUSPENSION OF THE RULES. Mr. Moore said there were four items that needed to be addressed at this meeting -- three under ordinance hearings and Item L. (c). Mr. Carey asked if it were Pres. Glick's intention to call a special meeting this week. Pres. Glick advised it was her intent to recess this meeting and convene on Thursday. THE MOORE MOTION TO SUSPEND THE RULES PREVAILED ON A VOTE OF 13 YES, 2 NOi Broom and McLane voting No. ASSEMBLYMEMBER MOORE MOVED TO CONSIDER ORD. 86-78. ORD. 86-75, NOTICE TO RECONSIDER ORD. 86-50, AND RES. 86-130. THERE WERE NO OBJECTIONS TO ADJUSTMENT OF THE AGENDA CONSIDERATION. (a) Ord. 86-78 "Enacting a New Code Section Numbered KPB 5.12.0570 Grant an Exemption from Property Taxation to Senior Citizens, Disabled Veterans, and Their Sur- viving Spouses on that Portion of the Assessed Valuation of Real Property Exceeding $150.000, Where the Property is owned and Occupied as a Permanent Place of Abode by the Applicant" (Mayor) HEAR 9/16 RCo le Kenai, provided a history of seniors' property exemption. 11urga aesemblyma wara to adopt the ordinance and allow the public to decide by a vote. She noted therewere more homesteaders on the Kenai Peninsula than any other borough in the state and founding homesteaders shouldn't be penalized by higher assessments. Acting Finance Committee Chairman Carey advised the committee recommended "do pass" and wished to note city taxes wouldn't be exempted by this ballot proposition. ASSEMBLYMEMBER CAREY MOVED ENACTMENT OF ORD. 86-78, AMENDED. ASSEMBLYMEMBER MOORE ASKED UNANIMOUS CONSENT APPROVAL. ASSE14BLYMEMBER BROWN OBJECTED. Mr. Sewall asked Mayor Thompson if the State were still making good an the $150.000. Mayor. Thompson said they were not and thought the borough would be reimbursed about 75%. ASSEMBLYMEMBER BROWN PROPOSED AMENDING THE INFORMATIONAL DATA SHEET, ADDt Group Affectedt Senior citizens and disabled veterans owning a residence, taxpayers of the Kenai Peninsula Borough. Mr. Brown observed taxpayers would be affected by pickin up the additionassessedal 252 values this o over year the S150.000. S He said the te isn't c�Nature 8 Effect vering and 1001 f the on Each Group" would then be the rest of the taxpayers would be incurring a liability. - 12 - L .e 1 1 I7- 77 1 7 1}� E • r A 1` KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 ASSEMBLYMEMBER MC GAHAN RAISED A POINT OF ORDER NOTING THE INFORMATIONAL DATA SHEET IS STRICTLY FOR ASSEMBLY INFORMATION AND NOT LEGISLATION FOR AMENDMENT. ASSEMBLYMEMBER BROWN THEREFORE PROPOSED AMENDMENT TO ORD, 86-78, AMENDED, ADD NEW SUBSECTION D. This exemption is mailable to those ASSEMBLYMEMBER MC GAHAN RAISED A POINT OF ORDER. MRS. MC GAHAN NOTED THE PROPOSED BROWN AMENDMENT HAD BEEN PREVIOUSLY INTRODUCED AND DEFEATED AT INTRODUCTION OF ORD. 86-78. IT WAS HER UNDERSTANDING, ONCE DEFEATED, AN AMENDMENT COULD NOT BE REINTRODUCED. PRES. GLICK CONCURRED WITH ASSEMBLYMEMBER MC GAHM 'S POINT OF ORDER. ASSEMBLYMEMBER BROWN MOVED TO AMEND HIS AMENDMENT TO READ NEW SUBSECTION D. This exemption is available to those whose income ie Mr. Brown felt such an exemption was not an imposition if it exempted those with a need. However, he felt :here were a significant number of individuals who were millionaires and he couldn't justify providing such an exemption to them. ASSEMBLYMEMBER MOORE RAISED A POINT OF ORDER. ASSEMBLYMEMBER MOORE ASKED THE CHAIR TO DECLARE THE BROWN AMENDMENT A FRIVOLOUS AMENDMENT. HE SAID THE BOROUGH ATTORNEY HAD ADVISED UPON ORIGINAL PROPOSAL OF THE BROWN AMENDMENT THAT IT WOULD BE UNCONSTITUTIONAL. Atty. Boedeker said he didn't think it unconstitutional but there are federal prohibitions on requiring someone to supply income tax information as a condition to being granted a privilege. ASSEMBLYMEMBER BROWN RAISED A POINT OF CLARIFICATION. ASSEMBLYMEMBER BROWN ASKED IF THE BOROUGH ATTORNEY COULD PROVIDE A METHOD OF SUPPLYING INCOME INFORMATION THAT WOULDN'T BE SUBJECT TO CHALLENGE. Atty. Boedeker said such a question would require research and he couldn't provide such information at this time. ASSEMBLYMEMBER MC GAHAN MOVED THE PREVIOUS QUESTION ON THE BROWN AMENDMENT, LIMITING DEBATE. THE MC GAHAN MOTION TO MOVE THE PREVIOUS QUESTION, LIMITING DEBATE, PREVAILED ON A VOTE OF 12 YES, 3 NO= Brown, Keene and Skogstad voting No. THE BROWN AMENDMENT FAILED ON A VOTE OF 14 NO, 1 YES Brown voting Yes. ASSEMBLYMEMBER MC LANE MOVED THE PREVIOUS QUESTION. ASSEMBLYMEMBER BROWN OBJECTED TO UNANIMOUS CONSENT. THE MC LANE MOTION TO MOVE THE PREVIOUS QUESTION, LIMITING DEBATE, PREVAILED ON A VOTE OF 14 YES, 1 NO1 Brown voting No. ORD. 86-78, AS AMENDED, WAS ENACTED ON A VOTE OF 14 YES, 1 NO1 Brown voting No. (b) Ord. 86-75 "Amending the Land Use Plan for the City o ens or Lot 1, Block 1 and Lot 6, Block 2 of Sprucewood Glen Subdivision from Medium/High Density Residential to General Commercial, Section 5, Township 5 North, Range 11 West, S.M. (Mayor) HEAR 9/16 Public hearing was opened. - 13 - L . 0-1 11 4� i I If V f t 4 . KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 Ed LamnL, Kenai, gave a history of the proposed ordinance and spoke n avor of the ordinance. ASSEMBLYMEMBER MC GAHAN MOVED ENACTMENT OF ORD. 86-75. ASSEMBLYMEMBER CAREY ASKED UNANIMOUS CONSENT. ASSEMBLYMEMBER NASH STATED HE REPRESENTED A LANDOWNER, MR. LOWRY, IN OTHER LEGAL MATTERS ALTHOUGH HE DIDN'T FEEL THIS WOULD AFFECT HIS ABILITY TO ADDRESS THIS ORDINANCE BUT WISHED TO DISCLOSE THIS INFORMATION PUBLICLY. ASSEMBLYMEMBER BROWN CALLED FOR A VOTE ON A POTENTIAL CONFLICT OF INTEREST BY ASSEMBLYMEMBER NASH. ecifies a conflict of notedsh terest existsai peninsula where therede of is direct gain by the measure and he had no direct gain. INTEREST VOTER MC AS HE AND HIS FIRM M S NAM BE ADDED To HAVE DONE BUSINESS WITH ONFLMR ICT op LOWRY ALTHOUGH HE WOULD HAVE NO DIREC': GAIN. THE ASSEMBLY VOTED NO,(NASH 6 MC LANE) ASSEMBLYMEMBERS MC 1LANE ANDINASHYES�D D NOT ABSTAINING HAVE A CONFLICT OF INTERESTT Brown voting Yes. ORDINANCE 86-75 WAS ENACTED BY UNANIMOUS CONSENT. (d) Res. 86-130 eociates for wthe iDesign ofng a rthe Nikiskiact to essional Design Emergency Escape Route" (Mayor) FINANCE 6 PUB. WRKS. CMTE. UNANIMIMOUUSS CONSENT AND THEREOVED WERE NOPTION OBJECTIONS S. 86-130 AND ASKED (c) Ord. 86-50 "Amending the Borough Code of Ordinances to Provide or Service Area Board Member Compensation and Reimbursement" (Mayor) DEPUTED w/NOTICE TO RECONSIDER ASSEMBLYMEMBER MOORE MOVED RECONSIDERATION OF ORD- 86-50- ASSEMBLYMEMBER BROWN RAISED A POINT OF ORDER STATING THE MIDNIGHT DEADLINE HAD ARRIVED FOR LEGISLATION. PRES. GLICK SAID THE MOTION TO RECONSIDER ORD. 86-50 WOULD BE CONSIDERED ON THE OCTOBER 14, 1986 AGENDA. ........... Midnight deadline for legislative actions. ----------- ------- Mr. Keene stated that by taking Res. 86-130 out of order, as previously approved by the Moore motion to adjust the agenda, he believed the resolution's adoption was out of order - Parliamentarian Carey said he believed the body had the ability to decide how it wishes to deal with matters. No MOTION TOECHANGENRAISED A POINT OF ORDER STATING THERE THE HAD BEEN ORDER OF AGENDA CONSIDERATION - Mr. Moore pointed out the attorney had ruled in previous situations that when the body takes a vote by unanimous consent, the body implies a suspension of rules to do that. ASSEMBLYMEMBER DALE RAISED A POINT OF ORDER STATING THE ASSEMBLY'S PARLIAMENTARIAN HAD RULED THE ACTION WAS LEGAL AND THERE DIDN'T NEED TO BE FURTHER DISCUSSION. courts in cAtt. Boedeker said onsMcorrect. aid e truing these type of rules have saidwhere erethereis an order - 14 - 7 1 KENAI PENINSULA BOROUGH ASSEMBLY MEETING OF SEPTEMBER 16, 1986 of business, that is directory rather than mandatory and if the vote was sufficient to pass the action it was also sufficient to suspend the rules there wereand the exceptions�,ts would but the Majorityyuphold had upheldethision .opinion,He noted ASSEMBLYMEMBER NASH MOVED TO ADJOURN. pRES. GLICK ASKED IF THERE WERE ANY PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA. THERE WAS NONE. ASSEMBLYMEMBER NASH MOVED TO ADJOURN. •ASSEMBLYMEMBER BROWN OBJECTED TO ADJOURNMENT. THE NASH MOTION TO ADJOURN PREVAILED ON A VOTE OF 12 YES, 3 NOs Brown, Keene and McGahan voting No. S. NOTICE OF N1xT MEETING AND ADJOURNMENT (Oct. 14, 1986) Code shouldGlick turnnothemedintobers thethose Clerk wishingMetingaim updatePB 9117 Kenai River Management Plan Proposal at Borough Administration Building at 7 p m. Pres. Glick advised a special meeting would not be necessary. She advised members that on Sept. 30, 1986 at 3:30 p.m. there would be a cornerstone laying for the Hope School. Pres. Glick requested a telephone poll be taken on approval of the election boards and the proposal AML amendment. Pres. Glick adjourned the meeting at approximately 12130 a.m. Date Approved October 14, 1936 y cc,4aNmJy-rr—erXe—n—t - 15 - L. L L • m �l ij IN r Al AGENDA WASTE DISPOSAL COMMISSION MEETING NOVEMBER S. 1986 700 PM UPSTAIRS COFFEE ROOM N;i�21222 n - 1. Convene/Roll Call o JC31,111."o 2. Approval of Minutes: September 24th and October lst.,rC, 3. Agenda - approval and/or changes 4. Public Comments (30 minutes maximum)- anyone wishing to speak publicly on waste disposal concerns and issues. S. Public Hearing Item(s) - - ` 6. old Business (Public Comments 2 minutes per person each item) A. Discussion on Workshop on joint special waste oversize organization (KPBA RES. 86-66) - status report. (10/22 IP work session) B. Cooper Landing Transfer Site - status. C. Chevron Permit Application Status D. Soldotna Landfill Recommendations (Landua) 7. New Business (Public Comments are limited to 2 minutes) - o _) (these are not public hearing items) A. October 15, 1986 letter from DEC outlining all solid waste applications for facilities with the Kenai Peninsula Borough. B. Scrap Steel Disposal Permit Application- Trading Bay Permit No. 8623-BA008- i C. Introduction of Item(p) by,Commission Members: John Landua - letter from Sky Carver of Peninsula ' Sanitation outlining proposal for a private transfer - facility in Kenai. t C. Introduction of Item(•s) * by. Staff . D. Introduction of items too late for packet , S. Correspondence - approval and receipt 9. Set next meeting date and agenda A. 10. Commission comments ill -` . : • 11. 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OM OS pSpyO"�p 'MOMM 'p Ypm.p CpM p y�1 M R '{M!A vOCO b M pN Mpp YpM IYD All y ��jM� p YVRI OOS W p1Y O Y� O OCCO~wC .i OSO a Wi ff6 O al OG RO ii.. p� w 06 w L V� Ar i HINI-PROGRAM l (All fanetions/rooms are in Centennial Hall, unless noted otherwise) a° PRE -CONFERENCE AGENDA 'fit?232A2 p'��, I Sunday, November 9 Ica :r L'f,` 0,�s, Cenniel Hail Alaska Association of Municipal Clerks WHO AC `-:- Hickel Roas temeial Hall ' Monday, November 10 8t00 a.m. - i1t15 a.m. ;< Alaska Municipal Management Association (AMMA)* �" ��`'[tAr1G 3 ����I Haammmfnield A2 8t00 a.m. - 11t4S a.m. Municipal Finance Officers Association of Alaska (HFOIMS , $t00 a.m. - 12t00 noon Alaska Association of Municipal Clerks (MMC) Academy (continued) Hiekel Room ' - 1t00 11t30 a.m. P.m - Alaskan Municipal Management Association (AMA) Luncheon Hammond Room 12t00 noon - 1t00 p.m. Municipal Flumes Officers Association of Alaska (MFOAA) Luncheon Sheffield 02 Municipal 1100 P.M. - 5:00 P.M. Alaska Association of Municipal Clerks (RAMC) Academy (continued) Hiekel Room ` 1113 P.M. - 4830 P.M. Alaska Municipal Management Association (AMA) (continued) Hammond Room 3 itIS P.M. - 5100 P.M. Municipal Finance Officers Association of Alaska (NEON) (continued) Sheffield 02 1e90 p.m. Historic Walking Tour No. 1 Historic Residences* Begin at House of Wickersham (213 Seventh Street) and j i sad with a visit to Governor's Mansion Rowe of Wickersham '+ Tuesday, November 11 Centennial Hall Sheffield 13 �# b iz $t00 a.m. - i1e30 a.m. 8800 A.M.- 11145 a.m. Newly Elected Officials Seminar* Alaska Nuulcipal Attorneys Association (AMM)* Sheffield •1 S; Municipal Finance Officers Association of Alaska (HFOM) (continued) Sheffield •2 { Alaska Association of Assessing Officers (AMO) - Statewide Certification Workshop* Egan Room 8e1S a.m. - i1t30 a.m. Alaska Municipal Management Association (AMA) (continued) Hammond Room I 9e00 a.m. - 12:00 noon Alaska Association of Municipal Clerks (RAMC) Business Meeting Nickel Rona j Alaska Port Directors (Organizational Meeting) A.J. of 6 2, Beranof Hotel { 11:00 a.m. - 12t00 noon AML Board of Directors Meeting Gastineau Suite, Baranof Hotel 11843 a.m. - 1115 P.M. Alaska Municipal Management Association Luncheon Hammond Room t 12t00 noon - 1:00 p.m. Alaska Municipal Attorneys Association (AMM) Luncheon Sheffield ti 5 Municipal Finance Officers Association of Alaska (MFOAA) Luncheon Sheffield 02 Newly Elected Officials Luncheon Sheffield B3 • t 1:00 p.m. - 4e00 p.m. Alaska Association of Municipal Clerks (AAMC) Business Meeting (contid) Bickel Roam nw Alaska Association of Assessing Officers (AAAO) Certification Workshop (continued) Egan Room ` it00 P.M. - St00 P.M. Alaska Port Directors (continued) A.J. •i b 2, Baranof Hotel it1S p.m. - 4e45 p.m. Newly Elected Officials Seminar (continued) Sheffield 13 1815 P.M. - 5100 P.M. Alaska Municipal Attorneys Association (AMM) (continued) Sheffield di Municipal Finance Officers Association of Alaska (MFOM) (continued) Sheffield 12 140 p.m. - 5100 p.m. Alaska Municipal Management Association (ANNA) (continued) Hammond Room k It30 P.M. Historic Walking Tour No, 2 Historic Doemtow Juneau* Begin at City Museum (Harrisburg Building, 291 S. Franklin) and tour dountotm street improvements and Juneau Historic District (see interiors and exteriors of several r+ehabili- j{ tated buildings) Harrisburg Building 2t00 p.m. - 5:00 p.m. - AIL Conference Registration Main Lobby Alaska Chapter - American Planning Association (APA) Admiralty Room, 3100 P.M. 5200 P.M. Business Meeting Sheffield Juneau Hotel 3100 p.m. Alaska Municipal Attorneys Association (AMAA) Reception Sealaska Plaza, Suite 301 L. -i L Tuesday, November 11 (continued) St00 p.m. - 7t00 p.m. Alaska Chapter - American Planning Association (APA) Reception Admiralty Room, Sheffield Juneau Hotel 500 p.m. - 7t30 p.m. Newly Elected Officials Reception Yancey's, Merchants Wharf 6800 P.M. - 9100 P.M. Municipal Finance Officers Association (MFOAA) Reception/Banquet Sheffield 02 6100 p*m* - 10100 p*m. Exhibitors Set -Up Main lobb 6:30 p.m. Alaska Association of Municipal Clerks (AAMC) Treadweli Room, Baranof Hotel Reception/Banquet 700 p.m. Alaska Municipal Attorneys Association (AMAA) Dinner Silverbow, Inn Wednesday, November 12 Centennial Hail 70O a.m. Historic Walking Tour No. 2 Historic Downtown Junesu* Begin at City Museum (Harrisburg Building, 291 S. Franklin) sad tour downtown street improvements and Juneau Historic District (see interiors and exteriors of several rehabili- tated buildings= coffee and croissants provided) Harrisburg Building 8:00 a.m. - 3100 p.m. AML Conference Registration Main Lobby Main Lobby $t00 a.m. - 10#30 a.m. Exhibits AML Board of Directors Meeting Gastineau Suite, Baranof Hotel $t00 a.m. - 11t00 a.m. Municipal Finance Officers Association (MFOAA) (continued) Sheffield 02 8100 a.m. - 11t30 a.m. Newly Elected Officials Seminar (continued) Sheffield 03 Alaska Municipal Management Association (AMMA) Business Meeting Hammond Room Alaska Chapter - American Planning Association (APA) Workshop Lumberjack Rocco, (Open to all delegates) Sheffield Juneau Hotel Alaska Association of Assessing Officers (AAAO) - Workshop (Open to all delegates) A.J. *1 6 2, Baranof Hotel 8t30 a.m. - 11s30 a.m. Alaska Conference of Mayors (ACoM) Annusi Meeting Treadwell Room, Baranof Hotel 9s30 a.m. - 2200 a.m. Alaska Woman in Government Board Meeting Admiralty Room, Sheffield Juneau Hotel 10100 a.m. - 21:30 a.m. AML Resolutions Committee Rickel Roo - *separate registration and/or fee required. Wednesday, November 12 11t30 a.m. - 1:45 P.M. 2:15 P.M. - 5:25 p-m* 6230 p.m* - 8100 p.m. Thursday, November 13 8100 A.M. - 5100 P.M. 8:00 a.m. - 11800 a.m. Conference A nda Opening Luncheon and General session Policy sections - Concurrent Education Land Use Transportation Welcoming Reception - City and Borougb of Juneau Conference Registration Exhibits Policy sections - Concurrent Public Safety Taxation and Finance Utilities Resources Centennial Hall Sheffield 01 b 2 Sheffield 01 Sheffield 02 Sheffield 03 Sheffield f1 6 2 Centennial Hell Main Lobby j Main Lobby j i i Bickel Room Sheffield *Vl i Sheffield •2_ I Sheffield 03 7 1 � { . A .y f i 'q . Y. Thursday, November 13 (continued) Sheffield 01 & 2 11130 a.m. - 100 p.m. Luncheon and General Seselon 2800 p.m. - 5100 p.m. Policy Sections - Concurrent Sheffield #1 Local Government Powers Sheffield 82 Elections Sheffield A3 Economic Developsent 6t00 p.a. - et00 p.m. Special Conference Reception - Frank B. Nall & Co. of Alaska Eaglecreet Ski Lodge 7100 p.m. - 9200 p.m. Alaska Women in Government Dinner Lumberjack Room, Sheffield Juneau Hotel Friday, November 14 8800 a.m. - 5100 P.M. AM Conference Registration 8to0 a.m. - 3900 p.m. Exhibits 8t00 a.m. - 940 a.m. Workshops - Concurrent 14(c)(3) Conveyances Economic Development I - Design Insurance - Part I Strategic Budgeting Conan Basics 10800 a.m. - 11:30 a.m. Workshops - Concurrent Computer Applications for Small Cities Economic Development II - Implementation insurance - Part II The municipal Audit preparing for the 1990 Census 1200 noon - 5:00 p.m. An Lunob/Annual Business Meeting 5:00 p.m. - 600 P•m• AM Legislativetime following business meeeittg)f 600 p.m. - 7t30 p.m. President•e Reception 7t30 p.m. - 1100 a.m. AML Annual Banquet Saturday, November iS 700 a.m. - 11100 a.m. New Ma.legielaeive Cawafetee Meeting 8100 a.m. - Noon Southwest Municipal Conference Meeting 8:30 a.m. - 11100 a.m. New Alit. Board Meeting Centetmiai Hail i main Lobby main Lobby Rickel Room Sheffield ii Sheffield 02 " Sheffield 83 Lumberjack Room, Sheffield Juneau Hotel Rickel Room i Sheffield •1 Sheffield i2 Sheffield •3 Lumberjack Room, Sheffield Juneau Note' Sheffield 12 & 3 L Nickel Room Main Lobby Sheffield Ball Room A.J. i1 & 2, Baranof Hotel Treadwe'1 Room, BaranOf Hotel Gastineau Suite, Baraaof Hotel 011 L TELU MONES (907) S66.1329 SIPZC:AL _T--yvF0-b 105 MUMCrAL WAY, SURE 101 JUNtAU, ALASKA MM October 20, 1986 ZULLZT:I V-z324, Juneau Car Mental Ccaaaaies Offer Bimetal AML late While moat confereacs events are within walking distance to most hotels, five Juneau ca tal c�apeniee have responded to a reslneat by the Lespue to offer a special rate to delegates of the AML �V"fens, Noveder 12-14*•1986, in Juneau. eor those Wishing to seat a car while in Juneau for the Conference, listed Misr as the companies, the rate offered, types of cars available, phone numbers, addresses, and contact supan. When reserving a cart be sure to M MtioA you are attending the AML confereace, or you will not be given the speciai conference rate. AVIS RM-A-CM - Lynx, Cougars, and Grand Axel Daily Rates $29 - SS with unlimited milepge; Contact iAren j Souna at 789-%50. VERMM LORD - Escorts end TeMpos; Daily Rates $22.45 - $26.93 with unlimited miles{ Contact ?red 8eM at 789-9386. Rhia.A-i1RECK - ftV amd wed oars; Daily Rates $20 used - $25 new or a 12 passenger van for $40t all with unlimited aileage; Contact Ethel Damian at 789-4111. IXLY DUC MMO RENT -A -CM (downtown) - Used ogres Chavy, Mercury, Hord, and Toyota; Daily Rates $19.95 plus .104 per site or a 12 passenger van for $39.98 plus Aft per mile; Contact Jeanette Seale at 1-800-THE-DUCK (in state) or 586-DUCK (JUMM). RMTIONAL CAR X M'TAL--nondes, Seabirds, Cetlesa Ssspreaee; Daily Rates 832 - any size with unlimited aileage. Contact Maliasa Raymond at 789-9814. oomhmme Hotels n1lint Us -At.leaat one downtm Juneau hotel hsas ruched capacity for the weak of the M L Amu' Conference is Juneau. The Moffieid Juneau Hotel, located acroae the street frog Centamlel Hell Is'not,-accepting 410Y, More reservations. Any reservations above their capacity are being forwarded first to the Daraaof Hotel* also owned and operated by Sheffield Enterprises. -SasMs rooms are still -available at the 8aranofl-however. roas are expected to be filled soon.. In addition to the Sheffield House and the Daranof, the following hotels have rocs blocked for AML delegates, and are offering geeial conference rates (sea Newsletters ad bulletins for rates): Alaskan Hotels 1-586-1000 Breakwater Hotels 1-800-3"-2250 Driftwood Lodges i-800-844-2239 proapsator Hotels 1-586-3737 L L P1 1 Special Confers Bulletin - 2 - October 20, 1986 City/BorcuA Offering Pre -Conference Tours mow, The City and Borough of Juneau Department of Community Development will be offeriag two different tours to AML Conference delegates and gueste. The first, HISTORIC DOWNTOWN JUNEAU, will be a historic talking tour of downtown Juneau and the new Juneau city museum. The second, HISTORIC RESIDENCES, will focus on some i historical residences in the downtown Juneau aroo, including the Governor's Mansion and the Howe of Wickersham. f The Historic Downtown Juneau tour will be Monday afternoon at 1h30 p.m. and Wednesday morning at 7s30 a.m.(laaludas coffee and croissants). The Historic Residences tour will be Tuesday afternoon at 100 p.m. as tours are free of charge, but pre -registration is required, and the number of available spaces is limited. To reserve your plats on the tour, tali Gabrielle LaRoche at the City and Borough of Juneau, Department of Community Development 588-5235. Both tours will last approximately 2 hours. Concurrent Workshops Planned For Friday ECONOMIC MUOPMW -This two -track workshop will discuss the theory and practice of economic development. Spacial evphssis will be placed on the proper role of local government in diversifying and expanding the local ecommy, and on Btate, regional and local strategic economic development planning. Panelists include " Unalaska Mayor Paul Fobs, Alaska Economic Development Center Director Patrick Anderson, ad Tom Lawson and Jim Weissman of the Alaska Department of Commerce and Economic Development@s Office of Enterprise, and Mike l4tty, President of Tanana Valley Community College. INSURANCE AND RISK MANAGEMENT - This workshop, "Diminishing Dollars and Increased Returne", will address Jones to municipal insurance. Don Jones of the National League of Cities will diecues what is going on in i Washington and in other state leagues and municipalities. Howard Awand of Anchorage will discuss the com;� effectiveness of self-insurance. Dr. Richard Perry of Fairbanks will Claude Keogb of Ruby will give some ! personal insights to effective claims bandliag. COMPUTERS - "Computer Applications for Small Cities" will provide a "hande-oa" discussion of using computers for municipal administration including hardware and software selection; functional applications other than word processing; ad additional training resources. Presenters include Tony Nskaaawe and Dan Shams of the Cooperative Extension Service of the University of Alaska. 82RAZOGIC BUDGETING - This workshop will discuss the value of municipal officials developing end doamseating municipal goals and objectives to be achieved prior to developing the must budget. Actual experiences, successes and failuree, will hlghllgbt the discussion. Panelists include Peter MoDotell of Coopers and Lybrand, Dave Rose of the Jnnean Finance and Reveaus Task Force, Nets Anderson of Dillingbm, Ron Gemini of Seward, and Kate Troll of Ketebikm. ,"Ar 8 - Tto temps workshops, one on the basics and one on preparing for the 19" coons, will f"Ilieriee municipal officials with the canes information that is currently available, and how it is and on be used. Proper preparation for the 19" cons@ count will sake the census information even more helpful to community leaders. Panelists include Iwo Schilling, Regional Director of Bureau of the Census to Seattle, and Brian Ras, the State Data Cater Coordinator. Ab2ft - This Morkehop will address -the major element of financial accountability - the municipal- audit. __ s.._... { panel discussion will cover audit raquiremmte, what to look for to an audit, hiring an auditor, and preparing for an audit. Panelists include Jade Forams of Cordova, Orie Orion of gnat and Whianey, David Eupberger of CMB and Remond Henderson of DCRA. 14 (a) 3 CONVEYANCES - Mnicipalities and village corporations bate had varying degrees of success in ' - Implementing land conveyances under the requirements of the Alaska Native Clams Settlement Act. The workshop will not discuas the law in depth or the conveyance process but, instead, will address why fame commmitties have been am successful than others in implementing the law. Panelist include Jim Eokeis of Unalskleet, i DavePalmer of Craig, and Peter MoKay and John Giiva of DCRA. psi L 1 Special Conference Bulletin - 3 - October 20, 1986 Y' Nationally Acclaimed 8neakars to Attend Conference f The An Conference this year will be loaded with exceptional talent this year. Several nationally acclaimed speakers and public officials will be joining the easy local and state officiale speaking at the conference, speakers i and sbariag their knowledge to help the delegates mast the challenges fanins local Njowrfaments. Below to a listing of sass of the "special guests,, that will be in attendance, and speaking at various meetings during i tho week. For more information, especially *Aare separate registration ie regsired,please contact the AML Staff for details. :j Richard Anderson of Tacoma, Washington - President of the Edge Learning Inatitute= Professional keynote speaker and motivational workshop presenter. Scheduled to speak on "Managing for Success in Your No►icipslities-- at the general session and luncheon on Thursday, November 13tb. Included in AML Conference +1� program and registration fee. Don Jones of Washington D.C. - Assistant to the Executive Director, National League of Cities; Expertise in state municipal leagues organizations, state/federal relations, and muaieipai insurance. Special guest and workshop presenter for the AML Conference. Included in AML Conference program and fee. George Barbour, Jr. of Palo Alto, California - Director, Center for Excellence in Local Government{'Created and developed the "Creative Manager" asolure and programs One of the top seminar presenters in the nation. Scheduled to present seminar to Alaska Municipal Management Association (AMMA) on Monday, November IM. Separate regstration and fee required. Dr. Iran° Rubin of DeUalb, Illinois - Professor and author of seven books on "cut -back management". Publications includes Fiscal Stress mad the Politics of Retrenchments and Shrinking do Federal Government. Sahadmisd to present seminar to Alaska Municipal Management Association (AMMA) on Tuesday, November 11th. q "� Separate registration and fee required. Bogard Watson of Lowrance, Kansas - Newly -elected President of the International City Management Association, and City Manapr of Lawrence, Kane". Mr. Watson will address Alaska Municipal Management Association (AMMA) dinner on Monday, November lath. No host dimtatr. Bill LoMont of Denver, Colorado - Plansins Director for the City of Dsmrers Expert on boom/bust communities. Scheduled to present seminar Wednesday morning, November 12th, for the Alaska Chapter of the American Planning Association an "City Planning Dining Economic Decline--. The seminar to open to anyone wishing to attend, and is free of charge. Robert Carney of Iowa City, Iowa - Doctorial student of insurance at the University of Iowa and pooling consultant to the AML Board. Scheduled to assist the AML Board of Directors on Tuesday on selection and evaluation of "pooling prototype$". AML Board only. Mellott to Address Newly► Elected Officials Syron Mailot! will M She luncheon speaker on Ttuesday of the Newly Elected Officials Seminar being put on by - the AML--prior-to the -Conference, 4bvsa%r--11-12r- 1986, -in- Centennial Kali. Byron. Mellott is_ the Chi*# ....... . Exenutive officer of the Seelasks Corporation, one of the most successini regional cotporstions. Mr. Mellott -wag oleo- the -.fisat c melso4oser of she_Atoka.Department of Ccimimity and Regional Affairs. His comments on jams facing Alaskan communities will be of interest to new elected officials. Brochures announcing the seminar were sent out to all AML cabers last month. The seminar to being conducted by Ginny Chitwood of Giatny Chl"mod and COMM of Seattle and Dr. Clive Tbc$uu a professor at the University of Alaska - Juneau= however, many elected and appointed toast governwnt officials, state officials and professionals will be seeking presentotions on a variety of subjects including roles and expectations, loot 1� issues, budgeting and flange, city administration, and public relations. Registration is separate' from ;j Conference registration and the fee is $75 for AIL members or $200 for non -mashers, in advance or on -site. L J ` Special Conference Bulletin - 4 - October 20, 1986 I , P Coafareuea Mini-Promsaae Available a_ t Hotels Tor delegates arriving to the 36tb Annual Local Government Conference for pro -conference events, conference I !` s, mini -programs will be-avoiiable at the registration desk of your confemea hotel. The mini -programs will j 4 list all major events• times and locations including the municipal association programs which arc, in one y am, starting at early as Sunday. The mink -program also outlines the events throughout conference week. A ' full program listing all events in detail and other conference information wilt be included in your 3 - - - conference packet at the registration booth, located in Centennial Hall and open as of 2i00 p.m. Tuesday, November lath. I. Submit Nomination and Resolutions Nodnation packets have been sent out for nominations to the AM Hoard of Directors and Legislative i Committee. Nomination forms euat completed and submitted to AML President Dan Keck or AML staff by 2100 p.m. I • 211uraday November 13th. Resolutions must be submitted to the AML staff by an An member and typed by MOD a.m. Wednesday, November } 12th. Resolutions an different from policy Statement amendments in tbst they usually address more regional or.speoifie issues for which the submitting mnaieipality or association wishes to have the support of the AML. Unlike AML policies in the Poi_ LCCY glatemsnt which remain unless clmpd by the membership, resolutions are effective for only one year. This year resolutions will be reviewed by a resolutions committee and 4 i; submitted for review and action to the appropriate policy section. 11 {� Pitap Ressoim0 to Budget Survey +: TM AML is cooperating with the House Research Agency to survey the effects of recent state budget reductions on semieipal and school district employment and municipals amnia- Chief executive officers of M L member municipalities ware sent a brief survey October 1, 1986 askiag for municipal employment and revenue data. x Please send your responses in to Brad Pierce and Gretchen Keiser by November 1, 1986, if possible. The information has been requested by the House leadership, and may be helpful in our lobbying efforts next year. i h ''; Pre -Conference Dance in Juneau ? 1laeedo Junction• an annual eosmunity gala evening of dancing and entertainment, will be hold in Juneau on the Saturday before the M L Annual Conference. Delegate arriving in Jnnaan early for other pre -conference `f activities may be interested. Tuxedo Junction will be Amid 8atorday evening, November 8, 1986, in Centennial all. Ticketa an $40.00 per person, and may be purchased at the door. For more information, contact Sharon. Gaiptmen at 586.2989. Job Vacancy punt" Director - Bethel I no City of Boost to taking' applications for the. position of Plowing Director.. =. } }t: Starting "levy to 38,084 with liberal fringe benefits. Requirements include a baehelora degree, to planning �. (F .psef�d)i .. three years -work escpariatce in planning .-(mmt-.amperviaory . axperiemse-preferred)-.- `' Submit sesnmea by November 7th to Ivan WTidom, City Manager, City of Noes P.O. Box 388, Some, Aleaka 99559. por mor+a information, contact Personnel at (907) $43-2297. i 'j. I, I 1 � 1; j Cr +. r 't 1 IThis edition usibelli Coal Mine Inc - 7 : Sponsored by: r AWRESS CHWE REQUESTED Resource RQj v l Qj Mayor Tom H. Wagoner city of Kenai Resource Development Council for Alaska, Inc. eox i'tiosiB,Ancho age, AK s231i1 Figaigo October 1986 .®� — - Kenai. AK 99611 New coalition forms pp Groups support drilling in refuge Alaskans to inform Congress on all. aspects of Issue Sbc pro -economic development organiza- tions in Alaska have formed a coalition to sup- port opening the coastal plain of the Arctic National Wildlife Refuge to environmentally - responsible exploration, development and production of petroleum resources. The Alaska Oil and Gas Association, the Resource Development Council, Inc., and the Alaska Support Industry Alliance have joined the Alaska State Chamber of Commerce, the Alaska Chapter of Associated General Con- tractors and Arctic Slope Regional Corpora- tion to form the Steering Committee of the new Alaska Coalition For American Energy Security. The Coalition will combine its efforts y with the Washington, D.C.-based Coalition for t American Energy Security to assure that +' members of Congress are fully Informed ._ i<y about all aspects of the ANWR issue before r fill deciding whether to open the coastal plain to ; pt exploration and development or designate it wilderness. See related stories on pages 2 and 7. t • Secretary of the Interior Donald Hodel con - elders the upcoming congressional action on ANWR one;of the most Important resource management decisions to be made in the last quarter of the 20th century. Wilderness designation would prohibit de- velopment of the highly prospective oil and gas lands in the 1.5 million -acre coastal plain. These lands are within 65 miles of Prudhoe A coalition of pro4evetopment groups plan to make the public aware that the patrWiTum in* Bay and the trans -Alaska pipeline. Geologists dusty has an excepdonatyresponsible envtron- believe the coastal plain. which accounts for men►at record In me Arctic. INSIDE e Candidates Support..... 3 e Coal Reclamation... ».:. •:•.».:,. 4 e Minerals Commission...' 7s - ,4,a, e RDC Board Meets e ANWR................... approximately 8 percent of the refuge, repre- sents the nation's best prospect for discovery of large oil reservoirs, possibly In the dimen- sion of Prudhoe Bay. The Steering Committee will head the co- alition effort by charting strategy and policy. A Coastal Plain Committee has been formed to work directly on the various Issues. The Alaska group is working with numer- ous other organizations, companies and com• munities to establish a broad base of support for opening the refuge. The Coalition Is de- veloping a speakers bureau to address issues relating to ANWR. "Contrary to what many people may be- lieve, this is not an issue of energy develop- . ment versus environmental values, said Tom Cook, a coordinator for the Steering Commit - too. 'The petroleum industry has consistently demonstrated its ability to operate in condi- dons similar to those found on the coastal plain in a safe, responsible manner without significant adverse environmental Impacts." Cook said the Coalition's effort will be based on factual information that shows open• ing the coastal plain to oil and gas exploration and development Is in the nation's best in- terests. Organizations wishing to join the Coalition should contact Cook at (907) 561.8841 or write to Box 10.1516. Anchorage, Alaska 99510.1515. L L L • h t. v } 1 k' R r. . t , i. Message from our a executive director by Paula P. Easley „4 "Beware!" here comes November 4 "SEWAREI" warns the Invitation to RDC's Halloween Masquerade Ball. That event takes place Saturday, November 1 and is a painless way to offer financial support for your organization. You have a blast spending the $40 per ticket and we get to fund RDC projects with the profits. "Beware" also on an even more important day, November 4, the day of Alaska's statewide election. To make the right decisions, November 4 requires some homework on your part. Whatever you do, don't be misled by candidates' pronouncements of support for such issues as "economic development" "diversifying the economy," jobs," etc. Some can- didates are saying the right words, but there's no functional substance behind them. That's why you must ask the right questions and read between the lines on their campaign literature. For example, have you noticed how many candidates propose to diversify the economy by "encouraging" only two industries —fisheries and tourism? That should make you see red flashing lights. Do you suppose they can't comprehend that neither govern- ment nor private industry could pay the bills very long with income from just these two Industries? If we operate on the premise that Alaska's secondary industries will thrive if its basic Industries are flourishing, candidates ought to be presenting positive platforms for Im- proving output from timber, agriculture, mining and oil and gas — not just fisheries and tourism which traditionally receive broad state support. Are candidates demonstrating positive support for these other industries, and how will that support be manifested? You'd best start asking some pointed questions about their positions on access to resource lands, land ownership and management, developing transportation systems, permit procedures, resource taxation, industry incentives, eliminating unnecessary reg. ulations, spending policies and restructuring state government. Remember, too, when people talk about "marketing" the state's resources and putting more dollars Into education, both worthy causes, that we must first have access to natural resources, a monumental roadblock in our recent history. And it doesn't do much good to provide the Widest educational opportunities if our educated citizens have to move out of Alaska for a job. Once again I commend RDC's New Strategies for Advancing Alaska's Economy, 1986.1990, as an excellent guideline for helping you determine the right questions to ask. If you don't, you'll be sorry! (We will be, too.) Resouroe oewlopmem CounwL lne. tiro Resource Development Council (RDC) is Alaeke'a largest pnvatep landed nonprofit economic development orgendanon wodeng lo develop Ataska'e nalurat resources in 8n orderly manner and to aeate a broaabased, d'nereN economy while protecting and emartang the environment. RDC invites members and the general public to its weekly breakfast meeting featuring local and nation• ally known Man on economic and resource de-velopment Issues. The meetings are held on Thum• dOtantam e�sMd by alo k 22 880 00 Resenre- Etteoueve Committee Otlloere President .............. Boyd Brownfield Vice President ............... John Forceskie Vice President .............. Joseph Henri vice President ................ Shelby Staemy SOW. ............... O.K. "Easy" Gilbrelh Treasurer ... Past President .............. Larry Laughman ............... Charles Webber Executive Director ...�M..... Paula P. Easley Deputy Director .......... Secky L. Gay Public Relations Director ......... Cad Portman Piolects Coordinator ............. Mike Abbott Membership Relations Director ..... Lynn Gabriel The RDC business Is located at W G street suite MO. Anchorage. Page 2 / RESOURCE REVIEW / October 1986 Special forum to highlight oil range The Arctic National Wildlife Refuge Coos- tal Plain: Issues and Opportunities," will be the subject of a special luncheon forum on Friday, November 21 at 12:00 in the Alaska Room of the Anchorage Hilton Hotel. Sponsored by the Resource Development Council, the program will feature Charles di - Bona, President of the American Petroleum Institute, economist Bob Richards, and a rep• resentative from the oil industry. diBona will focus on the national interest implications of opening the 1.5 millionacre Coastal Plain of the refuge to oil and gas exp- loration and development while the Industry representative will address the resource po- tential of the Coastal Plain. Richards will dis- cuss the economic opportunities associated with oil and gas exploration and development within the Coastal Plain. The event Will target leaders from all economic sectors of Alaska and is intended to focus on the various issues that Congress will consider when it decides on whether to `• open the Coastal Plain to oil and gas explora- tion and development or designate it wilder- ness, thereby prohibiting development. In a recent meeting with RDC executive committee members and division directors, Secretary of the Interior Donald Hodel said the upcoming congressional decision on ANWR will be one of the most important re- source management decisions to be made in the last quarter of the 20th century. He ex- pressed strong support for the Council's ef- forts to generate public awareness of the is- sues surrounding oil and gas development in the Coastal Plain. Tickets to the ANWR luncheon are $25 per person. Reservations may be made by calling RDC at 276.0700. Resource Review Is the official monthly publication of the Resource Development Council. Sox 100518, Anchorage, Alaska 09510 — (907) 978-0700. Material In the publication may be mpdnted without permission provided appropriate credit is given. Carl Portman Editor & Advertising Manager Resource Review encourages its readers to submit articles. announcements and letters to the editor for Publication. Send all Correspondence to Resource Development Council, Resource Review. Box 100616. Anchorage, Alaska 99510. L L f. .i , is Si f. w , 3Ct n ICandidates support RDC's Economic Development Program ome 40 candidates running for state office have endorsed the Resource Development Council's `New Strategies for Advancing Alaska's Economy, 1986.1990." Others have endorsed certain aspects of the Council's report. With the endorsement action, candidates resolved to work "tor the goals and objectives of 'New Strategies forAdvancing Alaska's Economy, 19W1990 The candidates pledged to "recognize the merits of this program and support it as legislative, administrative and judicial efforts are mountedtoimplementtheactions recommended." "The broad cross-section of Alaskans who produced this report, along with many who have reviewed It, believe that a'can•do' attitude will bring about positive changes in Alaska's economy," said Paula Easley, the Council's executive direc- tor. "For this reason, we asked candidates to endorse this approach to expanding the state's economic base. It is an Important first step that must be taken soon after the legislature convenes and the new administration is swom in.' Candidates demonstrating the strongest support of the development strategies are designated with a • while those candidates endorsing only certain aspects of the strategies are designated with a 0. Governor Howe, cord. Adis Sturgulewskl................................. • District 9.8 SteveDistrict .......................................... 0 AIM 1 Hanley ............................................ • Govemor u TerryMiller ........................................... • Red Boucher ............................................. • Steve McAlpine ......................................... • District 10.8 senate Virginia Collins ................... I...................... • Ok District District 11•A Bobleigler ............................................... • Dave Donley ............................................ 0 District E-8 Roger Jenkins ........................................... • Barbera Lecher ......................................... • D iaw 11•8 District F•B Wally Barker ............................................. • Jan Faiks.................................................. • District 12•A DistrictG•8 Kay Brown ............................................... Malcolm Roberts ....................................... • Bill Motion ................................................. • Pat Nodey................................................. Oiatnd 12•9 District H-B Johnny Ellis ............................................... • RickUehling........................................... • Don Wilcox ................................................ • Vic Fischer .............................................. 0 District 13.8 District 1•9 Donne Estell............................................ • TimKelly ................................................... • Terry Mlxbn.............................................. • District K-B, Oietrict 14 A District lei Fahrenkaw.................................. • Ramona Samos ........................................ • Leo Rasmussen ........................................ • Claim 14.8 WaltFurnace ............................................ • House District 18•A District 1-A John Liska................................................. • Robin Taylor ............................................. • District ts•B District 4-A Randy Phillips . 0 BillHudson ................................................ • District 10.8 District 4-8 Ron FranUlmer ............................................... 0 District tl an ............................................... • District S-A Tom Wagoner ........................................... • Dick Schultz .............................................. • clam? District 20•A Jm%awadd..... ....................................... • Steve Frank .............................................. • Dana Brockway ......................................... • District 20-8 District B-A John Ringstad............................................ • Fritz Petryjohn........................................... • District 21 District a-B Gary Copus.... ..... ............... ........ • Steve Rieger............................................. • District 23 District 9-A Caleb Dotomain....................................... • Druepearce.............................................. • Henry springer ........................................ • L i I October 1986 / RESOURCE REVIEW / Page 3 Mark your calenidaj, for .� �r Resource Development Cound', Inc, FaNmusm. Halloween Masquerade Ball Saturday November 1,1986 Anchorage Hilton Hotel BALLROOM B-00 p.m. to the 'Vitching Hour' • Writhing music • Frightening hors d'oeuvres • Cryptic photo opportunities costume >Pdze• Best table theme Most original couple Best witch or warlock Most Hilarious Scariest TICKET& $40.00 per person TABLE RAT& t1330.00/rable of 10 RESERVE NOW FOR BEST TABLE: RDC: 276.0700 X L 0 Only three months after planting, reclaimed fields flourish at Usibelif Coal Mine. Restored lands flourish at coal mine Usibelii Coal Mine, Inc., situated in the can occur without significant adverse impact ; •:i.a'°r�"'°! • .;:.F:��;,, s:,E- f t Nenana Coal Field of Interior Alaska, pro- to the environment. E ,��.. :�i• ;;s ,,.� ,�; _=`__ -,:. duces 1.5 million tons of sub -bituminous UCM has been widely recognized for its ,�• :;-•�.- steam coal annually, used in part to generate successful reclamation program, established electricity and heat for the railbeft and much six years prior to legal requirement. Doll , �• �, of the Fairbanks area. The operation has been sheep and other wildlife from the Alaska supplying coal to satisfy the energy needs of Range feed on the grass of reclaimed fields Interior Alaska since 1943, when it was during winter and have their young In the + +� ". +c _ ,r:. • �4.. founded by Emil Usibelli. former mining sites in the spring. The mine, still owned and operated by the Reclamation, the final phase of the mining f Lam. Us1be11Hamily, has evolved into a state -of -the- process which restores the disturbed land to all mining operation. Economically, the In- its original contour and vegetative covering, tenor profits greatly from the mine, which pro- is an ongoing phase of operation at UCM. vides over 120 year-round jobs with an annual In 1971, UCM Initiated its reclamation • z� "'~'� � payroll of nearly $10 million. Recent expan- program. The Healy mine contracted with Dalai ve he the Mmbs nee Rangngas e►eneda n sion of UCM allowed the operation to begin Stanley Weston, an internationally acclaimed grassand equipment once operated. exporting coal to South Korea In 1984, repre- agronomist from Vancouver, B.C., to develop sendng the first significant export of an Alaska a program suitable to the severe environment next two summers, over 1,600acres ofpro- mineral resource. of Interior Alaska. viousiymined lands were reclaimed. The highly -efficient mining operation at On -site demonstration plots were de- During the exploration phase, photos and Healy has moved mountains of coal from the veloped on mine spoil dumps using seed mix- surveys of the pre -mining landscape provide Notions Coal field for over 40 years. Yet de- tures of 27 species of grass in different com- information In order to return the land to its spite all this development, the environment binations. A mixture of 12 grasses and original contour. Spoil piles of overburden, and wildlife continue to flourish, demonstrat- legumes used with fertilizer developed from created during the mining phase, are planted rich Alaska the favorable results of these tests. Over the with grass to stablize the soil and reduce era Ing that development of resource• sion until the spoil can be reclaimed. The initial reclamation stage at UCM in- volves regrading reradin the disturbed land. Crawler ,�: ='`• .._ . r.« 'p'- " tractors regrade the spoil piles to the approx- <,*• `` ''r'r `` imate slope of the original terrain, compact the soil and slightly furrow It to better hold fertilizer and seed. q Upon completion of the ground prepara- tion, a low -flying aircraft supplies fertilizer to ! the area at a rate of 300.500 pounds per acre. ; The fertilizer, which is manufactured in Kenai, aids plant growth in the nutrient poor soil. The seeding process, following fertilizer ' application, reestablishes plant growth with ' commercial seed from Alaska, Canada and Pe-Oregon. The aircraft spreads a mixture of rennial and annual grass and leguminous plants over the reclaimed area The west reclamation stage invotvss regrading the disturbed land. (Continued on page 7) Page 4 / RESOURCE REVIEW / October 1988 I j; Deveo�me� es0oc ,(,C i i M' f Vote FOR Ballot Measure #2 " You will have a meaningful opportunity to positively impact the regulatory structure of Alaska when you go to the polls i November 4. Vote Yes on Ballot Measure 2 to allow the legislature to annul administrative regulations. This capability will give i your Representatives and Senators the power to veto bad , regulations. How many times have you run up against regulations which impact you without having any opportunity to change them? Presently there J& gQ workable oversight gg ihl regulatory ` process. A majority of both the Senate and the House of Representatives will be able to nullify a regulation if we d can pass Ballot Measure #2. The Joint Resolution that created this Ballot Measure passed both houses of the Legislature with overwhelming bipartisan support. Ballot Measure #2 will decrease over -regulation by government agencies. ` The legislature is responsible for making law, not state agencies. it is appropriate for the legislature to determine if regulations are consistent with the intent of those laws. ----- -" This measure will provide checks and balances which are ' presently lacking. 4. Your Assignments: 1) Urge ten voters to support Ballot 1► ° Measure #2 on November 4 2) Vote for Ballot Measure #2 yourself Ii Paid for by the Resource Development council for Ataska. ine. Dili .. ...... F i Suntrana: Birthplace of Alaska's coal IN industryBy Catherine Usibelli Hose•drawnsledahautmalftmumSunNnaentR ldlnft192 s. Little is known about the early mining days in the Healy area. What gold town of Fairbanks. A market was opened for supplying coal to remains are some names, places and a few old photographs. Mining began in 1918 when construction of the Alaska Railroad reached the The Interior Alaska. Until the early 19409, the Healy River Coal Corporation produced nearly half the coal mined in Alaska. The rest came primarily from Healy River Coal Field located in the Nenana Coal Basin. miners who first settled this area built their underground mines in a place theora . e Evan Jone a new market for el developed Sauska Coal la outsiresultde thAnchorage. called Suntrana. Suntrana is located just east of Healy along Healy Creek which flows out of the Nenana River. Outcropped on the steep bluffs which build-up In Alaska during and after World War II. Coal was needed to fuel and heat newly established military posts and airfields. A flank the Suntrana Valley are prominently displayed coal seams. These steeply inclined black seams are a constant reminder of the number of mines were opened in and around Suntrana under U. S. Army mining licenses. Among these was a small Surface mine, the abundance of coal found in this region. first of Its kind, located just east of SWIMS. It was owned and oper- Elements of time have eroded the landscape Into unique layers of ated by Emil Usibelli. coal, sandstone and clay, rich with plant fossils and capped by thick This was the forerunner to present day Usibelli Coal Mine which W=rnulations of gravel. Many of the visible coal seams spontene• has been the only commercial coal mine operating In Alaska for the ously bum, causing smoke to rise from the Surface of the hilllside. last fifteen years. The mine has long since moved from the Sung. Early settlers in this valley were Athabascen Indians who gave Sun- Valley, expanding Into outlying areas also rich with cool• trans its name which means "burning hills" In and around Suntrana are remains of past mining operations: Many generations of coat mine families have lived and worked In the Suntrana area. Evidence of their pest is limited to a taw old mine dosed -up entrances to tunnels, pieces of old machinery and historic structures. Coal was transported by horse-drawn sleds to Healy where Coal trails and some abandoned buildings. Their role in developing Alaska's mining industry should never be forgotten. What is left of their memory it was used during construction of the railroad. The Healy River Corporation, founded by Austin "Cap" Lathrop, was the first commer- ' should be preserved as a reminder to future generations. There is a where old and new remain side by side, together, as the begin - dal coal mining operation In Suntrana. In 1922, a railroad spur was built connecting Suntrana to the main line at Healy. Final completion place ning and continuation of Alaska's coal mining heritage: a place called of the Alaska Railroad occurred in 1923 when it reached the booming Minerals commission Suntrana. to draft Alaska policy The Alaska Mineral Commission has voted to draft an Alaska min- vast areas of state land that have been classified Into very rewd ive erals policy act to protect the interests of resource development. Vice Chairman Darrell Spilde said a policy act would be a good land uses. The RDC director said the Council plans to Introduce legislation water quality standards and require a standard that vehicle to incorporate the Commission's goals and would provide a framework under which the Commission can address additional, more that would amend Is achievable through current technology. He said the Council Intends to pursue policies that would designate the Division of Mining within specific recommendations. Spilde pointed out that Idaho adopted minerals policy legislation the Department of Natural Resources as the lead agency in exploration largely drafted by the Idaho Miners Association. It requires other legis- lation and regulation to reflect the objectives of the minerals policy. and development permitting. In addition, Glavinovfch said 'Vve will continue to argue that the Both Idaho and Nevada have such policies. 'The most effective way to Institutionalize change would be to regulation of mining be based upon cost benefit analysis with economic considerations reflected in final regulation' legislate lf " said Spilde. 'The Commission's policy recommendations be most effective lf they were enacted as law." At an earlier meeting In Fairbanks, the 11 -member Commission focused on various factors contributing to the underdevelopment of would Once in place Spilde said all other government actions would have Alaska's mineral industry. They include the following responses: I. to be consistent with the Act. Spilde was recently appointed to RDC's , Much of Alaska's land is unavailable for mineral entry or h$^, State Board of Directors. ` . + Paul Glavinovich, Director of the Resource Development Council's *The cant restrictions on development. regulations. Including Minerals Division, told the Commission at its September 19 meeting • The legislature has no nuteffieadministrative over that RDC is launching a legislative program to address problems with authority to recall or annul administrative regulations that do not access, land use, water quality, permitting and regulations. rafted legislative intent in some cases, the legislature has given ( In terms of access and land use, Glavinovich said a major concern overlapping authority to more than one department the preservation of access across federal conservation units and (Continued on page 6) October 1986 / RESOURCE REVIEW / Page 5 L J f r,. i I Seward welcomes RDC's Board I The Resource Development Council's Board of Directors discussed economic development and exchanged new ideas with Seward residents at a mid -year board meeting September 26 in the Resurrection Bay community. Mayor Harry Glese/er and Keay Martin escorted the RDC board on a community tour that included visits to the Alaska Vocational Technical Center, the Spring Creek Correctional facility, Seward Fisheries, the Marine Industrial Center and the Suneel coal facility. At top left, the RDC board, spouses and staff stand before a ship bound for South Korea with a load of Usibelli coal. At top right, the group inspects facilities at Seward Fisheries. RDC President Boyd Brownfield and Board member Joseph U0e111, Jr., overlook Suneel Alaska operations at bottom left while at right President Brownfield presents hostess and board member Sharon Anderson with flowers at a warm reception following a productive day o/ meetings and tours. i', <'' • s 1i 1 Minerals commission... (Continued from page 5) • Metal prices and other Intemahonal economic factors have been unfavorable to mineral development in Alaska. • The outcome of the permitting process in Alaska is uncertain. In Initiating a project in Alaska, the developer cannot be certain of the cast or outcome of the permitting process, making it difficult to convince company directors to undertake projects In Alaska than other states, even those such as California which have very strict regulations but a well defined and predictable permitting pro• Bess. • There is a lack of commitment by state government to having a viable mining industry. This is manifested by excessive, overlap• ping, time consuming, contradictory, changing, unnecessary and in some cases, unattainable regulations. • The State does not have a clearly enunciated mineral policy. • Alaska is unwilling to use the Attomey General's office to assert its statess rights on federal issues. • Neither the Alaska National Interest Lands Act nor the Alaska Native d iaims Settlement Act clearly addressed mineral policy in Alaska and both acts have resulted in diminished mineral develop. ment. • Alaska heavily subsidized all competitors of its domestic coal Industry, spending millions of dollars on hydro -projects and selling Us royally natural gas at below market levels. • Alaska has failed to implement genuine permit reform. • Delays by litigation have increased the r/sk and cost of mineral Page 6 / RESOURCE REVIEW / October 1966 L development. • There have been no consideration of the economic costs of reg- ulations. • There has been no state emphasis on geologic mapping or mineral assessments. .At its first meeting In August, the Commission elected Earl Beisi ine, former Dean of the UAF School of Mineral Engineering, as its chair- man. Beistline also serves on the RDC Board of Directors. During the course of the meeting, the Commission adopted bylaws, created five committees and assigned committee chairs. Pacific Legal to open Alaska office The Pacific Legal Foundation will soon open an office in Anchorage. Rob Rivett, environmental law section chief for PLF, said the firm received foundation support to supplement Alaska contributions to open the office here. Based in Sacramento, California, PLF has been active In Alaska land -use issues for many years. The move will allow the organization to respond more quickly and effectively to Alaska issues. The office initially will be staffed by attorney Jim Burling and a secretary. Burling is currently representing mining interests in two lawsuits, one filed against the National Park Service last year and the other against the Bureau of land Management earlier this year. Both lawsuits were filed by preservation groups demanding environmental assessments before mining was allowed on federal lands. The Resource Development Council has worked closely with PLF and Burling for nearly ten years, and has acted as a liaison office for the non-profit law organization. • 7 6M.MWIMM _ L. %&. L 1 RDC urges Tacoma RDC gets community to support efforts service award ono e n i n ref u �j The Resource Development Council was honored last month with the Anchorage Chamber of Commerce 29th annual Gold Pan The Resource Development Council is seeking backing from the Port of Tacoma In securing Award for distinguished community service. congressional support for oil and gas exploration in the Arctic National Wildlife Refuge. In awarding RDC the (cold Pan for dtsfin- In a meeting with Tacoma officials last month, RDC stressed that although the refuge Is gulshed community service, the Chamber in Alaska, it is not just an Alaska issue. The economic impact associated with oil and gas noted the Council's statewide efforts on meet - development In the refuge, the Council emphasized, Is much broader than the state of Alaska. Ing the most serious economic challenges As far as the Port of Tacoma is concerned, jobs are the key issue. Thousands of Washington facing Alaska. The Council was specifically state residents have been employed at the Port of Tacoma for many years building modules recognized for bringing Alaska's competitive used for oil recovery on the North Slope. In addition, hundreds of companies outside Alaska position in the global marketplace to the fore - have benefited directly from oil and gas development in Alaska's Arctic• front at Its Sixth Annual International Corder - After three years of building modules, Tacoma now stands to lose employment because once on Alaska's Resources last February. no new orders have been placed. The conference featured assessments of 'The whole oil industry has had an impact on the Port of Tacoma in employing plumbers market potential in global trade for the basic and pipefitters, as well as longshoremen and other employees involved in the shipment of Industries supporting Alaska's economy. The these barges up to Alaska,"saldJohn McCarthy, President of the Port of Tacoma Commission. conference also considered constraints to "One major point we want to make to Congress is to let them know that Alaskan trade and Alaska's development and Innovative ap- development has a big impact on Pierce County and the state of Washington," said Commis- proaches to improving the state's competltwe sioner McCarthy. position. Tacoma handles 65 percent of the waterbome shipping to Alaska, a state that receives RDC's new report on advancing Alaska's 85 percent of its revenues from oil and gas production. economy through resource development also The Resource Development Council has asked Lawrence Killen, executive director of the drew strong applause from the Chamber,�- Port of Tacoma, to take a leading role In speaking with Washington state senators Dan Evans "New Strategies for Advancing AlaswSK and Slade Gorton about supporting environmentally -sound oil exploration and development Economy, 1986.1990," outlines specific ac- In the Coastal Plain of ANWR. dons for advancing Alaska's oil and gas, min- erals, wood products, agriculture, fisheries and tourism industries. Notable F •f � � 7 �° ;� s �.��: Quotes 'The system doesn't work very well unless we have equal pressure on both sides ROCBoardmembersattheSoutheastCoeferenceinPetersburgSeptember17.19included — Audubon President Peter Berle ongov- (hom left) Phil Holdsworth, Juneau: Karen Hofstad, President of the Southeast Conference, emment land managers balancing com- Petersburg; Dick Grift, Silka; and Don Finney, Ketchikan. Becky Gay. Deputy Director, peting Interests participated in a panel discussion on Economic Diversification -Do's and DonYs,"and toured "Japan imports 99.8 percent of the coun- Petersburg and Ketchikan projects. try, s oil, 90.7 percent of its nature) gas and Restored Lands ... (Continued from page 4) 81.8 percent of Its coal. We are an energy The fertilizingand seeding is done in the dent level. Native trees and shrubs are grown dependent nation and that's why there is 9 9 much interest In Alaska s mineral resources." spring or early summer to take advantage of in the Palmer Nursery and replanted when — Masafuml Ishii, Energy Resources Dlvi-r the intense Alaskan growing season with its they are three to six inches in height. sion,Japanese MinistryofForeign Affairs ample sunlight and plentiful rainfall. Substan- tiaI growth takes place during June, July and UCM has reclaimed over 3,600 acres of "There will be no wealth to divide and dis- August, leaving the reclaimed slopes with a land since the inception of the reclamation tribute to Alaskans until we wrest it from the thick covering of grass. program in 1971. Dall sheep and other wildlife earth." Reforestation follows the seeding by ayear now graze where heavy equipment once op. — Robert B. Norton, Chairman and Chief or more, after soil has gained a sufficient nut. erated. Executive Officer, Standard Oil Co. 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Inc. tERM► was re- tained by the Alaska Department of Environmental Conservation IDEC► to prepare an assessment of the types, quantities. and man- agement methods of hazardous waste generated in Alaska. The Alaska Hazardous Waste Generation Study is the result of this effort. This study is a key step in Alaska's hazardous waste man- agement program. Currently, there are no permitted hazardous waste disposal facilities in Alaska. The Alaska Hazardous Waste Generation Study estimates that 99.000 metric tons of wastes were generated in 1984. the most current year with complete data available. Of this total, approx- Imately 1.120 metric tons of hazardous waste could be available for disposal at a hazardous waste management facility. The remaining volume of 97.300 metric tons is managed at on -site locations, pri- marily by the oil and gas industry. Future growth in waste generation is expected through 1990 _lue to increased production or operations expansion. Increasing demand for a hazardous waste treatment, storage. or disposal facility will also result from the cleanup of uncontrolled waste sites. collection of household and small -quantity generator wastes. waste oils from internal combustion engines. wastes from Bush communities, and shifts in wastes from on -site to off -site facilities. It is estimated that 50.000 metric tons of new wastes will be avail- able for treatment, storage, transfer, or disposal over the next five yam• WASTE MANAGEMENT OPTIONS There are several waste management technologies appropriate for Alaska's hazardous wastes. Three options have been identified by DEC as especially applicable to Alaska. These include: incin- eration units. transterlstotage facilities, and deepwell injection. lndneradon There are a number of incineration technologies that destroy a broad range of organic wastes by exposure to high temperature and air. This causes either partial or complete oxidation of the or- ganic material. The use of a mobile incinerator in Alaska is attrac- tive because it could handle over 60 percent of the hazardous waste currently produced. 71ansportadon and StorageNetwoi* Transfer and storage tT1S► facilities have the greatest potential of improving the economics of waste management in Alaska by in creasing the efficiency and reliability of transporting small quan- tities of wastes to final treatment or disposal. T/S facilities are dif- t from other methods of waste management in that they are ot waste treatment facilities: they will not reduce the overall quantity of waste, or change its chemical or physical properties. Rather: the primary purpose of such facilities is to serve as collec- tion points where small quantities of similar wastes are combined for large•quantity transport to final treatment or disposal. For this reason. T/S facilities are especially useful in collecting wastes from small quantity generators or Hush communities. Generators and transporters in Alaska have expressed an interest in developing and using transfer and storage facilities. These facilities can result in savings in transportation costs in cases where the volume of waste would not support a treatment facility. Storage and transpor- tation facilities will also be needed to collect wastes. even if a treat- ment facility is built in Alaska. Underground Injecdon Deepwell disposal involves the injection of liquid wastes into subsurface geologic formations. The technology is based on the concept that injected wastes can be contained in geologic strata that have no other beneficial use. Deepwell injection technology was initially developed by the petroleum industry for the disposal of brine by-products from oil fields. It has since been adapted for the disposal of hazardous and other industrial wastes. . SOURCES OF WASTES The studv defines four maior geographical areas where waste generation is concentrated in Alaska: Fairbanks. Anchorage. the North Slope and the Kenai Peninsula. In the Fairbanks and An- chorage areas. this waste is primarily generated by households, small quantity -generators, and the military. On the North Slope and the Kenai Peninsula, wastes consist of the 97.300 metric tons managed by the petroleum and gas industry. Alaska's other wastes are generated over a wide geographical area. Some areas of the state, such as the Bush. face serious logistical problems managing wastes. Despite small quantities. the potential for mismanagement or nonmanagement is high. Al- though they cannot be well estimated at this time. these quantities create a small demand for commercial hazardous waste manage- ment facilities. Transfer/storage operations need to evaluate waste quantities in these areas. In any case. costs of managing wastes in Alaska's remote areas will be high. TRANSPORTATION Transportation costs also negatively impact Alaska generators shipping wastes off -site. A major portion is the cost to ship wastes to the Seattle -Tacoma area prior to reshipment to a hazardous waste management facility. Generators and transporters both agree that a centralized collection point would improve the effi- ciency of waste transportation. However, even with a hazardous waste management facility located in Alaska, transportation costs would still be significant due to the relatively long distances across the state. Although this study cites a number of hazardous waste tech- nologies which are appropriate for dealing with Alaska's hazar- dous wastes. the largest barrier to development of a commercial treatment facility. such as incineration, is the size of the market. Currently. Alaska generators do not appear to produce enough waste on a regular basis to attract a major commercial waste management firm. L L Bill Moss Commissioner i 0 - _ - • - --- A----- - — - CITY OF KENAI "Od eajaiW 4 414a" 210 FIOALGO KENAI, ALASKA "Oil TELEPHONE 283.7635 — CITY OF KENAI �s� r,1a' 1 F2 aL BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTM '( COMMISSIONS AND COMMITTEES NAME DOROTHY LEE Resident of City of Kenai? Yes ' How long? 15 years Home Address 1103 4th Avenue Tel. 283-4346 Bus. Address Box 3343 Tel. retied Name of Spouse none Presently employed by retired Job Title volunteer _ Current Membership in organizations% AARP PIONEER'S OF ALASKA Past Organizational -membership: NONE Committees interested in: MAYOR'S COUNCIL ON AGING S gnature . �l 1 WINCE • CORTHEII • BRYSON �!�T^::.:../N� 1v CONSULTING ENGINEERS wS ► 0 son 1041 907.283.4672 ' "�"""'��' ( 99611 OCT1816 ' City Of Kenai ', October 20, 1986 210 Fidalgo Street Job #86.37 Kenai, Alaska 99611 Subject: Billing Airport Way Inspection Please consider this billing for inspection services rendered on the subject project from September 20th to October 18th, 1986. ENGINEER VII 324.5 HRS @ $58.00, $18,821.00� a ENGINEER III 2.0 HRS @ $40.50 -' 81.00-' ,. SR. INSPECTOR (TEMPORARY REPLACEMENT FOR ENG. C.MADDEN) 34 HRS @ $41.50 1,411- .00 165 TYPING 5.5 HRS @ $30.00- 16.00� i SURVEYING INVOICE #86658 (1) 3340.00"+ 10% 3,674.00- k INVOICE #86058 (2) 8320.00"+ 10% 9,152.00— INVOICE #86058 (3) 6240.00,+ 10% 6,864.00— INVOICE #86058 (4) 3092.50"+ 10% 3,390.75— TESTING INVOICE #5641 1370.00'+ 10% 1,507.00-- INVOICE #5727 2757.50"+ 10a __3_033_25 TOTAL $48,099.00 '* PREVIOUS AMOUNT PAID 42 28.75� :.Y TOTAL AMOUNT DUE 5,970.2 1, l if you have any questions regarding this matter, please contact us at this office at your convenience. " Yours Truly, -.l. WINCE-CORTHELL-BRYSON s ` - CASEY E MADDEN, P.B. Philip W Nysan P ! Al is J Alan N CarncolI / L Frank W Wind / ! — E 01! WINCE • CORTHELL • BRYSON ::'i� CONSULTING ENGINEER; ; 1 ►0 SON 1061 907.26�fii�, ....J: KENAI. ALASKA 99611 i"" ' s airy o 1►311 j October 20, City Of Kenai tt,'it."V Si'@!�.;�'hie 1986 +; Job #86-33 210 Fidalgo Street 1+. • :.; Kenia, Alaska 9961.1 ;f Subject: Billing For ... 140iton Drive Road Water And Sewer Please consider this invoice rendered on the subject project through October 18the 1986. ENGINEER VII 64.00 HRS @ $58.00oe 01 $3,712.00 0' 14,580.00 -- ENGINEER III 360.00 HRS @ $40.50 4.5 HRS @ $30.00" 135.00 TYPING le SURVEYING INVOICE #86041 (2) 760OX1.10 6,360.00 1- 0' INVOICE #86041 (3) 2980-11.10 3,278.00 TESTING INVOICE #5549 38011.10 78Al- 10 418.00 -** INVOICE #5626 NO TAX TOTAL AMOUNT BILLED $31,346.50 ✓ PREVIOUS PAYMENT _- -9-_-0_ TOTAL AMOUNT DUE 1e149.00 I certify that the above charges are correct and no payment has been recieved to date. If you have any questions regarding this matter, please contact me at this office. Very Truly, WINCE-CORTHELL-BRYSON CASEY EO.A N,P.E. diary9000.e09;? ( at, -6-q ar% r 3F776. DO Philip W 61y6on ►! Alan N CoNhell ►! yy���R 60umait, h18FTING OF LS /X(] ZZ Mp. --0 Attorney - Mblk Wom —{] City CMS OrloleM Tom-•- submtuld dy Council OK ONo OV" -' L L Frank W Wineo ► E a r- carmen vincent gintoll. architect 130 trading bay road, suite 330 kenal,alaska 99611 907283-7732 n- 1'a- °� pCT 1988 '�, li" 1v'w0J September 23 6 777 City of Kenai 210 Pidalgo Kenai. AK 99611 Attention: Keith Kornelisj, Director Public works Department Res invoice for Observation Services )1k Automated Plight Service Station 9/20/86 through 10/25/86 Ti .0- 14, LI 1 CAIFO /ok CONTRACT MUM: 8 30.000.00- WE THIS INVOICE: -S-5,754,50- PREVIOUS OWED: TOTAL EARNED: -0-AAEM21216 LESS PAYMENTS: op yyr, F0 TRAM YOU ro-i COUNCIL OF ALtornrl --j Cj'.Y CCA UK [ ;':o C' - I i Automated Flight Service Station Labor a Reimbursables Summary/Breakdown October 25, 1986 Page 2 of 2 Architectural Carmen V. Gintoli i 42.0 hrs. @ $60.00/hr. $ 2,520.00 � Terry stocker 01.1 36.2 hrs. @ $50.00/hr. $ 1,810.00e, Linda Gintoli i 10.0 hrs. @ $18.00/hr. $ 180.00-01 TOTALARCHITECTURAL $ 4,510.00 Consultants Jan R. Hansen Mechanical Engineer $ 390.00 Dean J. Athay a Assoc. Electrical Engineers $ 832.50 TOTAL CONSULTANTS $ 1,222.50 Reimbursables South Central Air (Freight) $ 22.00 2 @ $11.00 SUMMARY SHEET TOTAL TBANR Y00! K, i f 77 ,.PAY ESTIMATE �_� •�' CITY OF KENAI # Pro ect SORT WAY 1986 WIDENING _ j Contractor ZUBECK, INC. ..i i ' Address 7983 SPUR HIGHWAY Page - :li` F O- l y N 0 : 3 - ItENAI, AK 99611 Project No. 86-04 Phone (907)283-3991 Period From 9-20-86 to 10-15-86 }.! ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 1 Original contract amount , $660, 656.45 Net change by change orders Adjusted contract amount to date $660,656.45' ANALYSIS OF WORK COMPLETED O4 Original contract work completed $570,990.00' ` OS Additions from change orders completed 0 Materials -stored at close of period 0 V Total earned 4�+0+�= $570,990.00' - 8 Less retainage of 5 percent $28,549.50' Total earned less retainage 70-08 $542,440.50y } . 0Less amount of previous payments $464,415.88 , Balance due this payment C$7s,o24.62 � ULN/ Jn &31 f T• Of SSIIIt' cc: Contractor Zubeck, Inc. Engineer Wince-Corthell-Bryson 1f L •I ...Jr 1••,1. ---{ Attomey r wa.IG bola, ---- Original 1 Submitted 159 Councfi OK (]No r]Yef Ck— i I1 '►.j PAY ESTIMATE Page 2 of N 0 : 3 CERTIFICATION OF CONTRACTOR �I According to the best of my knowledge and belief. 1 certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct= that all work has been performed and/or material supplied in full accordance with the requirements (t of the referenced Contract, and/or dulyauthorised deviations substitutions alteatione and/or additions that the foregoing is a true ? and correct statement of the contrct account up to and Including the lost day of the period coveted by this Periodic iss imate) " that no part of the "Balance Due This Payment" has been received, and that the undersigned and his subcontractors•have-mask applicable true) ;' a. an-tnplied with all the labor of said contract. RrovisIons Complied with all the labor provisions of said -contract except in those instances where an honest dispute exists with fa- specs to said labor provision$. describe it fit (b) to checked. briefly nature of dispute.) i _ ... _ 1 i P By.—/ ' Zubeck (Contractor) (SignstuKof Authoriesed Representative) Z Z igt* a� , 19 Title 1 4 ' " CERTIFICATION OF ARCHITECT OR ENGINEER 1 certify that 1 have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my -knowledse and belief it is a true and correct statement of wait performed and/or material supplied by the contractors that all work and/or material included in this Periodic Estimate has been inspected by me and/or by my duty authorized representative or -assistants and that it has been performed and/or supplied in full accordance with requirements of the reference contract; end > • �thnc partial pay t claimed and requested by the contractor Is correctly computed on the basis of work performed and/or mete» iris) supplied date. • ?} Signed •' • (Arc eteet or engineer) Wince—Corthell—Bryson � Date -- -dD 44 PREPAYMENT CERTIFICATION BY FIELD ENGINEER Cheek type of payment certified: I have checked this estimate against the contractor's Schedule of Amounts for Contract Payments. the notes and reports of my inspections of the project, and the periodic reports submitted by the architect/engineer. It is my opinion that the statement of - work performed and/or materials supplied is accurate. that the contractor is observinS the requirements of the contract. and that the contractor should be paid the amount requested above. _ _ _ __ ___' _ • :Este kily that all work and/or materials under the contract has been inspected by me and that it has been performed and/or sup; _'_ _ _ e Plied in ful a ordance with the requirements of the contract. 1411 JZ/4 (PAId Bngineer) Wince—Corthell—Bryson (Di1e) L (Date) X - 1 rML P N 0: 4 FINS: � PAY ESTIMATE. CITY OF KENAI 1 4o c•cl3 �3 `: ' 1 Project 1986 LAWTON DRIVE ROAD, WATER` AND SEWER IMPROVINTS 2•1--�s:. A Contractor 2UBECK. INC. .• e:'.l,• ,. .o.., t.• w Address 7983 KENAI SPUR HIGHWAY KENAI . AK 99611 Project No. 86-33 9-19-86 10-15-86 - - f Phone 283-3991 Period From to ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE . 5 R7—) Original contract amount $349,168.22 (2 Net change by change orders o " O3 Adjustad contract amount to date $349,168:22 - 'ANALYSIS OF WORK CO!IPL1:TCD Original contract work completed $344,792.82 Additions from change orders completed o _ OG Materials stored at'close of period 0 Total earned 0*0+06 $344,792.82.* -;-: - - -- - 8 Less retainage of 0 percent Total earned less retalnagcO7 -O3 $344,792.82'}—.------.-.---- $327,173.18- - It Less amount of previous payments Balance due this payment y .. G V Attorne/ _- i Public ti:. , L.) city Cleat 0441"1 h. �� dted By CouncilU,. L, r, :a i 1 'Page a 'of P A Y ESTIMATE N 0 ':--••—•-4 FINAL 1986 LAWTON DRIVE ROAD, WATER, AND SEWER IMPROVEHENTS CERTIFICATION of CONTRACTOR'--- -' Aeeofdintt to the best of my knotvledRe and belief. 1 certify Char all items and amounts shown on the face of this Periodic Estimate' - _ 1 'of or Partial Payment are COMMthat all -ark has been performed and; or lnatcrial supplied in full accordance with the requirements C0111113 — . truehandreferenced Correct statement .of the co tnetuaccount up rized to and Including substitutions, day he and/or covered by that this Periodic Esiimsrel that a part of th "Balance Due This Payment" has been received. and that the undersigned ad his subcontractors have•(CAesk that n sae• Nne a. Complied with all the labor provisions of said contract. t Is. G Complied with all the labor provisions.of said. contract except in those instances where an honest'dispute ettists frith fro• - spec, to said'libor provisions. (/f fe) is eneaRea. aeeefree f.aay nature of dispute.) a{ ZUBECK, INC. cconwalotf y . so • Repneentatsve) • CERTIFICATION OF ARCHITECT OR ENGINEER M- 1 certify Ihat I hive ehe.ckcd rnJ.Tutifiuj Cho-ahnve-and fweeuing IsrrioJic r•.stimate for Is.►rtill.*psymenet that to the bust of my knowlvJpst anJ belief it•iq a trustand C.arfvice •tatcmstnt t/f work pvrformed .tnj;nr material supplicJ by the eolltta,;tllft chat all work ana.'ur material included In his 114•fntilie Estimate llaa bevn 1n,pvelrJ by me anJ ter by my Juty authurirstd ruprattentatevg at a•1•ittantl. anJ that it has. brcn preallrmud and '1.r hupplivJ in full a.cntJance with rrquilementx,uf the rvirnncst cuntarr, and that p:utial a • vnt claimd nJ nquvseVol by the euntracwr is curncely ComputlA toll thu basis tot wtek perturmuJ and: at Mate — fiat ourplav 10 Atst. lAr, leas 1st enalnrrrl WINCE—CORTHELL—BRYSON Date /Q 'otiL/ —k& PRE•PAYMEtIT•CERTIFICATI.ON BY FIELD ENGINEER t'A1•e! ffpa• of p•t•nt•nf r.rf111rdt . ;0?.C1 lsava• rhaltle.t thi, a•.umatst r..tio.t else :Ills,a.a', SPf11.1a1f1• a1 dmaunh. for CuNrfer /savmem•. the natst% and wpatt+ of my 10111g I Vtt..t rf l.01i.v tKUWaI..11.1 till t•1.1tv.11i let•.•fr• Wl•nllttr•1 I•a• IIIV .Ifl ll,f eel Well"n1•ar. It N ma• Jpinelln that the ,latrinpnt 411 aorr t•rtt..tror t .tow of matrtlai. ut•t•lse.t i. a:: orate. ul.lt t11a• arouasrtvt s• ai•,vnsnit the rrqulrvmrntr+ ul the annttaa. and rnat tsly vrntaauf ,Iwulil t•v paid litr amount ra•qur,tvJ al+w'v. pI .t efts r.a1 ...: w.•r: a...i 't•r m.olrre.11. ton :t t she arms.. t ha% l•acn in,l•. rtv.i I•y in .end Ihrt a h.0 been R tl.vme.i and •.1t aup- j•ily n�s•;I avderaa u:r It tit one vatuorvmvnh 1.1 else atgnrait. • /U •Vow lF1n;a ••»+an•►rs WINCE—CORTHELL—BRYSON tD.lel . ••... Dal•• In { l 1 i 1 i! - - DEPARTA ALC171VUC MT, OF RIEVENUIE 5501W. 7tb Avenue FVER40E CJ)WWL BaW / Amborage, Alaska 99501 October 21, 1986 Oaken Keg Spirit Shops, A Gen. Ptnrsp DBA: Oaken Keg #58 P.O. Box 11-2107 l Anchorage, AK. 99511 t the package Your application for transfer of license holder of store license to the above (change in partnershipT from LJ Car—r—fn=vnq. -FJG-Tn—v - I nc A J. Wi I ey Inv, I ncwas approved by the Alcoholic BeveFa-geControl oar at at its meeting of oct.15. 1986 The enclosed license is to be posted conspicuously in your place of business where it may be easily read by everyone. Please return the license of the former holder to this office. It is no longer valid and may cause suspension or revocation of your license if used illegally. Sincerely,, av� B4ety L%l boon Records and Licensing Supervisor (907) 277-8638 Enc. cc: Governing body - Kenai q d A �N17 i 0 O BIU MEMMM, WVEMI02 y � DEPARTMENT OF RIEVENVE i SSO W. 7th Avenue ALC"UCBEVERAGE Coma soARD Anchorage. Alaska 99501 October 21, 1986 Intercore, Inc. dba: The Windmill Restaurant Box 895 (I " Kenai, AK 99611 Your request for a new restaurant/eating place license was approved by the Alcoholic Beverage Control Board at its meeting of October 15 & 16, 1986 The enclosed license is to be posted conspicuously in your place of business where it may easily be observed by everyone. Sincerely, Betty L. Calhoon Records & Licensing Supervisor 277-8638 out cc: Local Governing body - Kenai BM 7 P 09 G cW O 0 oSgM1300 z G a os~ W,O o �d s d d V f� a SA am 29 �W • ti, Oil o ) V. c V vim•. C ti 'a d ro .010 u o 'A V O O E : C 0 d C 8 '0 b O < 0,21 �n �` e F w o 0 c�' W$ o� o °� c J G c uE �b 3 3i 4 ? z o .+ o. v vC. v F Qu O z" u �v at 0 6 0 0 Fa N: 0 L ZNFd•IS. cx pl O : g v as C� g3 a f s SUITE 204 October 28, 1986 Keith Kornelis Public Works Dirac City of Kenai 210 Fidalgo Street Kenai, AK 99611 KENAI, ALASKA S9B11 OCT1986 RECENED City of Kenai 61.10 Works DePL CCIIJ Res Kenai Boating Facility - Pay Estimate No. 2/Monthly Status Report Dear Keitho CONSULTING ENGINEERS JCTURAL / CIVIL / PLANNING , op Attached is Pay Estimate No. 2 for this project. We recommend payment as submitted. Pleasse note that we have not yet approved the Contractor's Schedule of Values and have asked him to revise and resubmit the Schedule of Values. However, the amount of this pay estimate represents Earthwork and Surveying work completed to date. Since we have unit prices for the Earthwork, we are able to verify this portion of the work. The amount requrested for Surveying by The Contractor also appears to be reasonable. INSURANCE I understand that the Contractor has not yet provided full insur- ance coverage per Contract requirements. Your legal counsel should advise you as to the feasibility of making payment on this Pay Estimate prior to obtaining a Certificate of Insurance per Specifications. EARTHWORK The Contractor has placed filter fabric and approximately 8000 C.Y. of Type III fill. This is approximately 907. of the Type III fill to be placed on the project. It appears that this item will underrun approximately 800 C.Y. at 49/C.Y. m $6400. The Contractor has placed 6300 S.Y. of filter fabric for an overrun of 700 S.Y. at $1.50/S.Y. a t1050. The filter sand for the septic system has been placed. This item underran by 330 C.Y. at *18/C.Y. a $5940. Unclassified Excavation overran by 18 C.Y. at 415.50/C.Y. a $279. The net result is a cost underrun to date of approximately $11,000. Work is in progress at this time on the gabions which will pro- vide erosion protection for the fill. This unit price item will probably be installed at the bid quantity. As we discussed, I varied the specifications for the rock fill on the gabion baskets io i i i in tead f 6" rock This not � e to allow 3 rock as a m n mum s ze s o only aided the Contractor's efficiency in screening the rock but i also improved the tightness of the rock fill and thus provided an improved and product to the City at no extra cost. +i L L Keith Kornelis Oct. 28, 1986 - Page 2 WATER WELL {{ The water well has been drilled to a depth of 175 feet. The i plans estimated a depth of 130 feet. We hit water between 80-85 feet but were not convinced that the required 200 gpm flow rate could be achieved. We encountered another aquifier between 140 and 175 feet and will attempt to develope a water source from - this aquifier. We will probably use 35 feet of screen. This u item will probably result in an overrun of approximately $260 - due to increased depth and lengthened screen. 1 GENERAL 1. The Contractor does not have a project superintendent ansite and 5!t does not plan to provide one until next spring. This appears to be causing some problems with scheduling among various subcon- =: i tractors. Similarly, it is causing some problems with submit- tale. However, we will monitor the situation for the time being in hopes that some of these start up wrinkles can be ironed out. Sincerely, _. WM. J. NELSON & ASSOCIATES ` M. J. Nelson, P.E. Principal WJNe bsg Attachment - . . - AL-.-- - -- - fJ i i 1 z 4y :.i fs al .. • 5 h i PAY ESTIMATE N0 1 CITY OF KENAI AIP NO. 3-02-0142-03 1' KENAI MUNICIPAL AIRPORT 1986 IMPROVEMENTS Project AIRPORT SAFETY ZONE, GA APRON. & TAXIWAY IMPROVEMENTS Contractor ZUBECK, INCORPORATED Address 7983 SPUR HIGHWAY KENAI, AK 99611 Project No. 86-4045 (McLane) Phone (907) 283-7369 Period From N.T.P. to 10-24-86 -� ANALYSIS OF ADJUSTED CONTRACT Original contract amount MOUNT TO DATE $943.007.00" OZ Net change by change orders 00.00 O3 Adjusted contract amount to date 943.007.00 ANALYSIS OF WORK COMPLETED ® Original contract work completed 262,971.50 OS Additions from change orders completed 00.00 OG Materials stored at close of period 922.22 O7 Total earned0+ +©= 263,893.72 ® Less retainage of 10 percent 26,389.37 ./ earned less retainageO7 -0 237,504.35 1OTotal 0 Less amount of previous payments 00.00 1401 Dalanee due this payment 2�37,5-04;35 } CCt McLanes & Associates - - --- A-- -- - — - �,�yy u u4j I.. jr. �•-�u xwrrey .L0LgrOJti4 'Wak; IF94— 91 Haan a ---LJ 01.:,iaal T Su6uliltlJ G}�+� 4 0 K,, i t i; t i i., . .t �i :1 } i� ,Jr • 1 Page" a 0f 10 PAY ESTIMATE NO: 1 AIP NO. 3-02-0142-03 KENAI MUNICIPAL AIRPORT 1986 IMPROVEMENTS AIRPORT SAFETY ZONE, GA APRON, & TAXIWAY IMPROVEMENTS CERTIFICATION OF CONTRACTOR —' —' According to the best of my knowledge and belief, I certify that all items and amounts shown on the fate of this Periodic Estimate' for Partial Payment are correct: that all work has been performed and/or material supplied in full accordance with the requirements s true and Of the referenced Contract. and•or July authorised deviations, substitution, alterations, and/or additions; that the foregoing is s that ne part correct e "BolanOnt of the contract account up to and received. the last day of the period covered by this Periodic Estimate= pact al the "Balance Due This Payment has been reeeivod.'and that tilt undersigned and his subcontractors hnve•(Chsak anp irabrr ri„e) A. SE Complied with all the labor provisions of said contract. b. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- sprat to said labor provisions. (U (b) is eaethed, describe rtlerry rreeure or dispute.) it i ZUBECK, INC. tCumtaawy —� (Signor of Awhoriaed Rep►esentataver October 29, 019 86 Title : , Wle*-t� ran easr.aw•artM,•• � CERTIFICATION OF ARCHITECT OR ENGINEER I eettil). that I have chucked And verified the above and furepuing PatiW is Estimate I,, Partial Pavment: that to the best of my know•It pt: and balivi it i% a true And carrret tatatemant ui wurk ra•riormvJ and or material t•upplieJ by the contractor: that all aw'". ana•'atr material iracluIl" in this Prradie F.rtimate h„% born innpt•eteJ by ma And nt by my JutY ruthoriteJ raptettentattve of aai+tam. and that it h.h% bten puttortned and 'te surplirJ in full raorJAnca with requirement„ ut the rvIerrnc . contma; and that persist ravmvnt clainteJ And taquestaJ by the euntraewr is correctly coml•uta•J an the basis. of w•aHk penunnaJ anJ 'at matr• tial .uppttaJ 1 JAta. Filtnt-J �I IMehtlrel „. rnxttartl McLane & Associates Daw October 29, 1986 PREPAYMENT CERTIFICATION BY FIELD ENGINEER Chraa ta•pa• ut promrnf rrttittrdt 1 hays• ,•hctic.t tlti. r,tama.6 .1 dl% tt tba cumra:t.H'. Srinvtuir a+r dmt.tw/. GH CUlrrra•t 1% '"tents. thr nota..mJ tapaKty at my • mtla : ttnn. ••t ti:v rr.•avt, rat tlta 1 a rt.rti. n 1.•rs..ut•nuur.t ter the• .1f,111 .t an}tnra•r. 11 1% my orullan that rhr .1.atrtnt•nt or +art I• n.•rmr t .nts .H mrtrrtais urrUra i• a;:urAli.' In.0 tilt .amrartt•r a. rh.ertmp silo rayurrament� ut the ranera;t. and that thr at•ntractur .huul.i br rat.i the am.wnt la•yua.uJ oboes. a*� I.fast:\ tt..tr ...i ...•ri. ma.i or tn.urrtAl. uu.ttr tilt t.rtttta.l it.,. Ntn in.rttlrJ!•% tuv AnJ that a ha. ba•vn I�n.HmrA anJ'.•t +u . �— rinJ \n tt tt rasaraan:a wait Ina tryuurmrnt..•t tlw a.vtur.:. P �-_ October 29, 1986 I Y,r:A t•nrtnget I�drl McLane & Associates L a'.mrr .: t. ne t't t..• r • • c.aa C�l , 1 L 1 . 1 � P A Y ESTIMATE N' 0' : i ;=�: • _�� rv�rw CITY OF KENAI AIP NO. 3-02-0142-03 t KENAI MUNICIPAL AIRPORT 1986 IMPROVEMENTS Project AIRPORT SAFETY ZONE, GA APRON, 6 TAXIWAY IMPROVEMENTS Contractor ZUBECK, INCORPORATED Address 7983 SPUR HIGHWAY KENAI, AK 99611 Project No. 86-4045 (McLane) ' Phone (907) 283-7369 Period From N.T.P. to 10-24-86 ANALYSIS OF ADJUSTED CONTRACT MOUNT TO DATE i Original contract amount $943,007.00' O2 Net change by change orders 00.00 Q3 Adjusted contract amount to date 943.007.00 ANALYSIS OF WORK COMPLETED ® Original contract work completed 262,971.50 0 Additions from change orders completed 00.00 0 Materials stored at close of period 922.22 ✓ U7 Total earned& +©= 263,893.72 ik, ® Less retainage of 10 percent 26,389.37 / OTotal earned less retainageO7 -O3 - 237,504.35 0 Less amount of previous payments 00.00 ✓ 11 Balance due this payment 237,504,35 a. CC: McLanes 6 Associates .emu ,.iq �..jr. ---V A'Wrnry Ix�ujix a:rk; •---Lj Ci�y Clerk r94--t F1.1aflo . ----j: j —�,. . . Gligi.wl TO-SuktoitbA Gy---F-n ' butlr-il OLLR�o. j 7-rrz - _-•- �.k j is Fi R .. 6 0 o O <u o00LlU0 s 1 z O 0O O 7 V � N ikA VI • r t70 `� •�� t HW " •+ ...... V • ts W N S z 6 O C V N w N � M toj i.i M C w CV JE r ; CF Cc o. v N t O x ,cc-" z r G 0 3 u ' C r N (1;VA4 co Lm .�rlhtrll�.' ' C O r is CO g o� atg trE t� �WdE d : I.L VOWWWO/7/ AF4" VA YlAO/ 9MiwA -Ppw MAN VOWvompAOrnf . P"js so wl/, 1 'A W q i A .. ' LL. �7 _ .:•-1t rz �_ .lt .. T_ .•ts 00- — _.. - -.-. .. . .. 111: :: �JS // _ � �iiJ ..•.ice I� u O 1 b Y G 9� 4 CL n u C f O Il { C) u c �s� 7 i 16.1Ap ll D 01 1 X Va �£ h G °SSee ge a g e $�f94 yVyor n • �E��'� K tgd� DU CL de ZAtro— z0 \v R b V -r V � r Oyu p O Y M b-- v f- `Z. � v 1 �L� t! u �f W y t yT CA w 1 Y �. n fin` p v f Z Y, X '9 A' YY U�'O wn /Yl •C a�E fs n w 'w • W i�i f V Q v V i ►: w , Y ryy a 7 1 x, 1t �� -- I I L 1; 7 � Al Fo - . / & • X9 -Pg yr..P4�j a".. r" /� _ •� a ez.,v 0.0 <wo4A4 �s. 4� /4 Pic-r k4e sr- Gt gniT, ,�J�• co a,*,.. C�. OOOL !l R41*i l�l�Y�/�,s Ceyae /L Ole 407/&V • .-. a L r1.a.Qi Gti. A I L f. ?V-W A44� ,ZA aebt. o" oo--Z& I- . CtS..,, v4 alJ4, ;4 A� i� L t,i [t�! t.: { L LLp"pnneMof r;,a E�fc3,\ 400SeventhSt..S.W. TMNPWNMM ` ;L Waohmpton, D.0 20890 of iceolftsecretory 0G'J. - • i oflardporronon mayor/Civic Official %� r �� � 4 OCT i9a6 Kenai, AK 99611 G Dear Mayor: As part of the Airline Deregulation Act of 1978, Congress established the Essential Air Service Program guaranteeing air service for all communities { listed on air carrier operating certificates as of the date of enactment and authorized the payment of operating subsidies to air carriers, when necessary, i to meet the service guarantees. Congress took this action to ensure that small owrunities receiving air service under the regulated system then in effect j would not lose all service as a result of the deregulation provisions allowing incumbent carriers to terminate their operations. Ai The guaranteed service program was enacted for a ten-year period to afford .� oommunities time to adjust to a totally deregulated environment. It was envisioned that at the end of the ten-year period all communities would have to rely on the marketplace for service, without Federal assistance. The ten-year i t period ends on October 23, 1988. In light of the scheduled end of the current authorization, Congress has directed us to undertake a study of the impact to small and rwate communities of the discontinuation of essential air service subsidies in 1988. We are . required to identify those communities that are likely to realize transpor- tation dislocations without sane level of air service support and to identify + - various methods and options for continued air transportation support. We must submit the report to Congress by February, 1, 1987. As an initial step in this study, we are contacting all eligible ommnunities, including yours, for their views on their air service needs, the possible _ alternatives for meeting those air service needs after 1988 and options for funding the service, where subsidies are necessary. We are enclosing a ' f questionnaire, which we would appreciate your completing, that will provide important information and oanments on these issues. Wie are also contacting the state aviation offices for their views on the issues. In view of the deadline _ k imposed by Congress for submission of the study, we are requesting that the - --. .:------. --- - = =---. completed questionnaire be returned to us by November 24, 1986s In addition, in order to afford affected communities and states an opportunity -- - --` - - -- -.- - -" to explore any ideas and alternatives for consideration with us in an open —' forum► we are planning to hold several meetings around the country to enable us to discuss with camunity and state officials the service and funding `) alternatives and their costs and benefits so that we can provide Congress with a complete discussion and evaluation of the options, w are currently planning t an holding a meeting in Anchorage in mid -November to meet with community and location state officials from Alaska. We will advise you of the date, time and of the meeting as soon as the final arrangements are made. , 1 w 2 I would also like to provide you some general backgrourd information on the current ruanbers of communities receiving service under the program, the levels of traffic at those communities and the current subsidy costs► so that you can consider these facts in developing your oommments and recommendations. As noted above, all communities that were certificated as of October 24, 1978, are eligible under the'program. 480 communities in the 48 states, 237 in Alaska, 9 in Hawaii and 20 in the territories are therefore eligible. Not Al of these communities have been 'directly affected by the program► however. Within this group, only those =m unities that have been served by one or no certificated carrier at some time since passage of the Act are required to have an essential air service determination made by us which establishes the level of service that is guaranteed. (The transportation needs of communities that have continuously received service from two or more certificated carriers — that is the larger transportation centers such as New York, Knoxville► Tulsa, etc. — are being met by the marketplace, and therefore do not require the protection of the program.) In addition, under section 419(b) of the Act► we have added a limited number of points that were deleted from certificates during the 10-year period prior to deregulation and have issued essential air service determinations for them. As of this date, we have issued essential air service determinations for a total of 328 communities in the 48 states, 225 communities in Alaska, 3 communities in Hawaii and 7 communities in the territories. most of these communities are presently receiving air service in the marketplace an their own without our intervention: we are only subsidizing service at 99 communities in the 48 states, 41 communities in Alaska and one community in the territories. The enclosure with this letter lists the points in Alaska that are currently being subsidized,, the carriers being subsidized and the mount of subsidy. We hope this information will be helpful to you in developing your responses regarding how the air transportation needs of subsidized cmaunities should continue to be met. We appreciate your cooperation and assistance in this effort and look forward to receiving your input. If you have any questions please contact Bill Boyd of my staff at (202) 366-1052. Sincerely* Y J V. Coleman D rector► office of Essential Air Service -op L L r— r a F— C : 5 , , Alr-'19 - 015 STRUCTI 215 FqDALGO. SUIM 204 KSNAJ. ALASKA 0501 October 29, 1986 teRA 451 r,7; fts vv Qe' City of Kenai Street 210 Fidalgo 9 0 Qv w "-��'V*645 v Kenai, AK 99611 STATEMENT #8616 Kenai Boating Facility Construction J95 I CIA. 4- kr % k 10/25/06li Professional Services Principal/Engineer 121 hr%/75.00'0" 99075-00 Clerical 6.75 hru/25-00 165. L �, 1, 849.95 Northern Test Lab Mal ones Surveyin 1,100.00- LonEngineering 5,280.00' Tryckq Nyman & Hayes 29352.84-f Balance Dues *19,826.54 OF 1'-2 roil COUNCIL WIZETING Wdrlu —LJ city Clerk F inaaco T;:jw Sv4njaed Sy -&a— OrMnal Council OK (3N* C3YLS — f1k -ID 04& DOD �I 10 1 Alm - �y BEAUTIFICATION COMMITTEE MEMORIAL PARK COMMITTEE October 28, 1986 (� Kenai City Hall F Tim Wisniewski, Chairman 1. ROLL CALL Present: Hakkinen, Jackson, Nelson, Selby, Wisniewski Also Present: Councilwoman Bailie, Director McGillivray, Director Kornelis, Specialist Loper, Architect Gintoli 2. Revision of Memorial Park Design At the last meeting of the Committee, it had been suggested that perhaps berming or contouring would desirable in the park. Mr. Gintoli was asked to attend and add comments and change the design if need be. Mr. Gintoli described the design, and Mr. Kornelis pointed out the location of the utilities. Both gentlemen felt that, because of the location of the utilities in some areas, berming or contouring would be undesirable except in the area near the Frontage Road or facing the senior Center. Mr. Kornelis explained that there could be problems with the sidewalks also, because some years ago, the triangle was a gully. During construction of adjoining roads, silt, sand, and low grade gravel was dumped in this location, the intent being that the triangle would never be used for anything. As a result of the dumping, the utilities that were in existence at the time are buried very deep and one passes through the center. Berming is heavy and would cause problems with weight as well as digging should the necessity arise. Also a result of the dumping, is very low grade soils which will probably necessitate a wire grid being laid prior to cement being poured for the walkways. The unstable ground would cause a large amount of heaving in the winter. Mr. Gintoli suggested perhaps the Committee will need to consider returning to the D-1 gravel. Mr. Kornelis felt that with proper engineering for the sidewalks, the concrete still could be used, the Committee will know for sure when the engineering portion moves further ahead. Mr. Kornelis reported that he met with utility representatives last week and ascertained that it would be very expensive to move the utilities from or within the triangle and further that a state storm drain runs through the park at some point. This storm drain " is a major drain for the entire area. J L I f i i . i i X { I I " .4 . BEAUTIFICATION COMMITTEE ` MEMORIAL PARK COMMITTEE October 28, 1986 i Page 2 Mr. Gintoli felt that the most desirable point to place any berming would be along the Spur Hwy as it would act as a visual and sound screening from the highway, however, because of the location of the utilities, again the only remaining place would be parallel to the Frontage Road. Committee Member Sheldon asked for an estimate of cost for berming, Mr. Gintoli referred to his original submittal and calculated that the cost of one berm adjacent to the Frontage Road would cost $1,000. This would be a berm of 7' - 8' and be about 5' in height. Committee Member Sheldon asked if provision had been made for berming under the gazebo, answer yes. MOTION: Committee Member Sheldon moved to amend the plan to include the berming adjacent to the Frontage Road per Mr. Gintoli's suggestion, seconded by Committee Member Nelson VOTE: Motion passed unanimously. Mr. Gintoli stated that the best way to approach this with the least cost is to do it as an added alternate 1 in the bid specs. If it proves too expensive, it can be deleted. 2. Sign for Park The committee next discussed the sign. Mr. Kornelis reminded the Committee that a portion of the park is in the state RON and to place a sign within that ROW, a permit is necessary. The steps would be, 1) submit a design of the sign, i.e. dimensions, materials, height, etc. 2) submit the design plus an application for the permit to place the sign in the ROW. 3) present a plan of the park along with the sign to show placement within the ROW. MOTION: Committee Member Jackson moved to approve the preliminary design sketched by Mr Gintoli, the sign will be of redwood, sandblasted with the name "Leif Hansen Memorial Park" showing, seconded by Committee Member Nelson VOTE: Motion passed unanimously. 3. Lighting for the Park Committee Member C. Hansen asked for proposals for lights in the park. Mr. Gintoli explained that electricity will be brought to the gazebo with one light at this location, a light at the i d abl t h `I fountain, and one at the flagpole. It s esir e o Cal sidewalk lighting, however, Mr. Gintoli stated that the cost would be about $500 each. Since Alaska has so much light during the # 1 _ - - - ---�- ---- BEAUTIFICATION COMMITTEE MEMORIAL PARK COMMITTEE October 28, 1986 Page 3 summer, and the park would probably have little use during the cold winter months, more lighting would be unnecessary. 4. Plans for Plaques Committee Member Sheldon asked for specific plans for plaques. Chairman Wisniewski had brought a book, however, pointed out that the book was outdated, but would give an idea of price. It was explained to the Committee that the individuals would have to purchase the plaques themselves as the City would not be able to have a budget that would allow for flow -through money for an individual to purchase plaques or vegetation. The Committee could meet with nurseries and local merchants who would be willing to sell plaques to ensure that the plantings and plaques would be uniform throughout. Most nurseries are familiar with what will grow and look good, therefore part of the planting problem could be worked out with the nurseries. Mr. Gintoli stated that his master planting plan, when completed, will work much like the cemetery plan and should please the Committee. Committee Member Sheldon suggested the amount donated could take care of survival of the planting. It was explained that the City would have a contract with the individual which would hold the City harmless in the event of damage. Nearly every nursery in the area has a guarantee of at least one year. � I5. Flowers for Spring 0 n The Committee directed Planning Specialist Loper to obtain the amount available for flowers for spring and to contact Mr. Bob Gunther of Spur Rd. Nursery and ascertain a price for two planting rings. Councilwoman Bailie asked for a report from Mr. Kornelis regarding the money available for planting the Airport Triangle Park. 6. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting of the Committee will be November 18, 1986 at 12:00 PM in the Conference Roam. J Janet A. Loper, Planning Specialist -- ...- ------ ---- Secretary to the Committee *%'1'_— -_/ . --- A_ 0 .sN F-0 - ;2.S CITY OF KENAI l 210 FIDALOO KENAI, ALASKA N611 G TELEPHONE 253.7535 I I CITY Of KENAI BACKGROUND AND PERSONAL LSDATA ANDANDIDATEEESOR APPOINTMENT TO COMMISIONS NAME V10cla `50" Resident of City of Kenai? Yes How long? 62 years Home Address 280 Juluissen Street Tel. 283-4550 Bus. Address Box 2 Tel. Name of Spouse deceased Presently employed by retired Job Title Current Membership in organizations: Ametican Association of Retired Persons Past Organizational membership: Mayor'sKenai Council on Aging Committees interested in: Kenai or's Council on Aging v �.: signature L 7 f .a r 1 �f. •� a ,'it i - A� ill F0 a 10 �rt 44Q r ; ! CC co JI on on. I n� p rt CD F+ M � M 000p . . c o o ft Ph FA oQ N M W �i • M N C'� IO AEI n O p � OQ a M tv ra m wb dC n �1 IC "I i M N1 rt a nma ~ a m la 1 0 A I. .f y n 4, ti �r .ty1•: • r'P i . !Y -f L LKA as ..� N%�-� 7 : 0 DDp�1ARTMENT OIr NATURAi� RLgOURCLS 3501 CURE" DIVISION OF LAND AND WATER MANAGEMENT sox pps SOUTI 4TRAL REGION ANC"0 (9071 020 98510100s :Tos Distribution • • Date: /48Ca ACMP Review Coordinator Project Identifier • ; . ; .: From: Margaret J. Hayes 426 AM M u.as Regional Manager ',r;...;,.:...._._ REVIEW NOTICE "." Please review the attached application for consistency with the Alaska Coastal Zone Management Program and other concerns as --indicated below. YOU may comment on the other side of this notice and return this copy to this office or comment separately by attaching your comments to this notice. If you comment separately you should reference the project identifier in your comments. BrOiact Information coastal bone ConsistencvRAview Coastal District � ?_OALK �"" Approved Plan [ j yes [ o Review Schedule [ ] 30 Day M S0 Day Day 1: _^ —A a A'13 f /48Cn Request for additional information by: �,e-•r-eiwvl�W t� • Comments due by: •�,�,,.�,...t��.�a5r�,a� Project status notification by. r Interagency Review [ ] of applicable [same as coastal zone, Day 1 to Comment due Review Coordinator: /tAl eAo�� ' Phone: 0 Distribution: Attached mrer+aae _ s 1 August 11.1986 Kenai. Alaska 99611 Mary Sims -Walter Natural Resource Officer State of Alaska Division of Natural Resources Division of Land and Water Mgmt. 3601 C Street., Pouch 7-005 Anchorage, Alaska 99510-7005 Dear Mary. c_ 00'1037 ,ZPT. r' ::AT': -AL ReSOURCE! CIV. LAND G '4 4"CH i. ORT SOUTH CEIITR %L REGION bp ' B6 RUG 2.0 P11 1 56 Enclosed you will find an application and supporting documents for a lease from the State of Alaska. I have also submitted two copies as requested, Mr. Charles Northrip, the Executive Director of the Alaska Public Broadcasting Commission, is also sending a letter of endorsement of the project. Since the time we spoke to him about the project, we were able to change our plans to our insurance company's satisfaction and are requesting three lots rather than four. Mr. Northrip indicates we are applying for lots 3.4.11. and 12. we are asking to lease only lots 3,4, and 5. 1 also want to thank you for the time you spent orienting me to the leasing process. You have helped me and the Board of Pickle Hill to find the most suitable site for our needs. Should you have additional questions about Pickle Hill or the project, Please contact either Marion Nelson (283-7953) or me (283-9472 or 283- 7524). Thank you. Pickle Hill Public Broadcasting Inc. l_ _ rA R - o2Ub8 STATE OF ALASKA j ,Department of Natural Resources 0 0 `i 0 3 6 Division of Land and Water Management Southcentral.Region 0 700 r Anchorage, Alaska 99510-7005 ;,,:r�. ur vA7---AL HSOURCE.` •� .. car•. in.na u .T_R la .4 APPLICATION FOR LEASE OR gBttplTJSf11$118F.l MIDILAND UNDER AS 38.05.810 FOR PUBLIC OR CHARITABLE USE *$SO.00 Filing Fee �% 8 -Submitted by Pickle hill Public Broadcast O (e�ntered5b Region 0 f e mu cipa ty or organization) Y Application date Aug 111 9 Address: c/o don Lillevik Received: 965 Cetacea bane (stamp) Phone: Ken81i AK 99611 283-9472 Under provisions of AS 38.05.810 and AA 29.18.210, application is hereby made for the lease EK3 sale at fair market value [ 3 transfer E 3 sale at less than fair market value E 3 of state lands shown on the attached map and described below for the public purposes of transmission facility for public radio Legal description: Lots M95 Jllook B Beaver Greek Subdivision Kenais Alaska The area described above contains approximately ^ 3 acres. Lands leased or conveyed under AS 35.05.810 or 29.18.210 for less than fair market value shall contain a reverter clause conditioned upon unrestricted public use and access Unless the lands conveyed to municipalities will be charged against their remaining municipal land entitlement as defined in' AS 29.18.201 and .210; in this case a deed may be issued under .810 without the reverter and unrestricted public use clauses. This application is made under the authority and an behalf of the Pic Hill Public Broadoasting (municipality or organization) by the boders a d. a duly COPOWted representative thereof. 0 nn o . /�_ Jon 0. L,-Uevik Treasurer _....b(title) This application has been received and validated by a representative of the Region Office.of the Division of Land ana Water Management, a rece tea copy of which has been mailed/given (circle one) to the applicant's representative. (4 Received by: t t e signature *Federal, state, and local goverzmwt SUBMIT ORIGINAL 'KITH TWO COPIES agencies are exengpt from, filing fee. INCLUDING MAPS AND ATTAC!-.•yENTS 10-186, 7/85 Anchorage, Alaska 99510-7005 ;,,:r�. ur vA7---AL HSOURCE.` •� .. car•. in.na u .T_R la .4 APPLICATION FOR LEASE OR gBttplTJSf11$118F.l MIDILAND UNDER AS 38.05.810 FOR PUBLIC OR CHARITABLE USE *$SO.00 Filing Fee �% 8 -Submitted by Pickle hill Public Broadcast O (e�ntered5b Region 0 f e mu cipa ty or organization) Y Application date Aug 111 9 Address: c/o don Lillevik Received: 965 Cetacea bane (stamp) Phone: Ken81i AK 99611 283-9472 Under provisions of AS 38.05.810 and AA 29.18.210, application is hereby made for the lease EK3 sale at fair market value [ 3 transfer E 3 sale at less than fair market value E 3 of state lands shown on the attached map and described below for the public purposes of transmission facility for public radio Legal description: Lots M95 Jllook B Beaver Greek Subdivision Kenais Alaska The area described above contains approximately ^ 3 acres. Lands leased or conveyed under AS 35.05.810 or 29.18.210 for less than fair market value shall contain a reverter clause conditioned upon unrestricted public use and access Unless the lands conveyed to municipalities will be charged against their remaining municipal land entitlement as defined in' AS 29.18.201 and .210; in this case a deed may be issued under .810 without the reverter and unrestricted public use clauses. This application is made under the authority and an behalf of the Pic Hill Public Broadoasting (municipality or organization) by the boders a d. a duly COPOWted representative thereof. 0 nn o . /�_ Jon 0. L,-Uevik Treasurer _....b(title) This application has been received and validated by a representative of the Region Office.of the Division of Land ana Water Management, a rece tea copy of which has been mailed/given (circle one) to the applicant's representative. (4 Received by: t t e signature *Federal, state, and local goverzmwt SUBMIT ORIGINAL 'KITH TWO COPIES agencies are exengpt from, filing fee. INCLUDING MAPS AND ATTAC!-.•yENTS 10-186, 7/85 r October 9, 1986 CITY OF .KENAI � 210 FIDALGO KENAI, ALASKA M11 TELEPHONE 203. 7M Marion Nelson, President Pickle Hill Public Broadcasting Box 3612 Kenai, Alaska 99611 RE: Public Hearing for Construction of Transmitting Tower for Pickle Hill Broadcasting, Inc. Deer Marion: The Kenai Planning & Zoning Commission held a hearing for the purpose of receiving public comment regarding the proposed facilities for broadcasting public radio. While no members of the public testified at this hearing, the attached unapproved minutes reflect the support of the Planning Commission and Administration for your venture. Good luck in your endeavors and if I can be of any assistance, please feel free to contact -me. Cordially, • Janet A. Loper Planning Specialist L L C (i I G� t w gar,. ccrkr" L W a .: C.1 ry W a o z cc 1.. .� a Do- a C7 W 0 t' W CWa Q m C6 ... L Ci t� n F wT�d as' 1Zi W O O O O O O pl- O O O O O O O O Z N w •4 w w w w w w � N 4 1�- O N N Q M N M M U W w W0: O a z o o m wy 61 �C J C a 0 C ri CL m m d y 4 CL n- a m CL w a 1 0 • o � o �n o 1� 1A N C4 •- a- M N W • W • O O O O O O O O J O O O O O O O O N O O d N i7 Ch O co Q N W N x x x x x M x x x x x x O sj 01 i• 1 t •O 0 m Ol d •C •N ~ p W M 1- 3 0�1-M ; g O w 01 N �O d C� �+ Ir O C 9 41 M Rr W O c01 X 9•s CP C w0 O n W ►-• O- 0 k 01 O •O ••l O = 41 C CO S 0 -PI c C C- c In •.4 +j S m is d •d i• C- c 01 O 0 01 3 "4 N 7 Cr A.► m •H CO@ C6 •-1 B W W J 0 CL 01 C)0 Co 1 •rl .••1 w N0C) aOl O ]G@> 0) Do c J .-4 01 N was a o0 Co da a0 c a e W 0 ad .0 R• E $4 Y 01 3N Z 7 ++ O 0 O S .+ to I.- C o CL 3 a+ -4 a w c s O 7 r1 Q 01 W B t e • 01.4 a a•., m so 004 Z x W •tl •-• �•• Z N v > N Ci Y N t N •-• 1-• w-� a CL- O. a 1 "-I: CITY OF KENAI "Od Gar" 4 4"" 210 RDAL60 KENAI, ALASKA 9 TELEPHONEM-IM MEMORANDUM TOt Bill Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: October 30, 1986 SUBJECT: 1987-88 CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST REQUEST FOR STATE GRANTS PRIORITY PROJECT DESCRIPTION ROUGH $ EST NO. x 1,000 1. VIP Subdivision - G 550 2. Kians, Colonial, Steelhead & r Kulila - G 450 3. Upland, Old Town, Highland, & Cook - P 550 4. ** Wildwood (Spur to State Prison) - P 800 5. ** N. Spruce, Second & Third - P 900 6. Trading Bay (Drainage - Curb & Gutter) 250 7. ** 'Candlelight & Linwood Area (LACK) - P 600 8. ** 1st, 2nd & 3rd (East of Forest) G & P 550 9. Cohoe & Coral Street - G 300 10. ** Haller, Evergreen, McKinley (HEM) - P 850 11. Aspen & Fifth - G 500 12. Sewer Interceptor to Thompson Park 1,450 13. Sewer within Thompson Park 1,000 14. Beaver Creek Fire Station 300 15. * Float Plane Basin 3,000 16. * Extend N. Taxiway Airport - P 1,750 17. * Airport Runway Extension 5,500 18. Addition to City Hall 800 19'. RV Camper Park 200 In d i.. l � CIP 1967-88 ji October 30, 1986 Page 2 The following prioritized projects are to be considered by the j State as area -wide projects of State and Regional Importance. i" 1. Spur Highway - 4 Lanes, Soldotne to Kenai - P ! 2. Pioneer Home 3. Traffic Signal - Airport Way & Spur Highway j .I -{- - - 4. Traffic Signal - Spur & Main St. 5. Juvenile Detention Center 6. Float Plane Basin I 7. Wildwood (Spur to State Prison) - P l r. 8. Forest Drive & Redoubt - P yi +wIj `. 9. Extend N. Taxiway at Airport - P r r, 10. Airport Runway Extension - P ** The following projects which are also listed above are for - pavement improvements, but it is the Council's intention to follow a policy that an assessment district (LID) will be formed - in residential areas whereby 50% of the cost of the paving ? improvement is assessed to the benefited property owners. ` a ' ' N. Spruce, Second & Third - P Candlelight & Linwood Area (LACK) - P �q 1st, 2nd, & 3rd (East of Forest) - P Haller, Evergreen, McKinley (HEM) - P This pamphlet was produced under the direction and approval of the Mayor and Council of the City of Kenai. Public meetings were held on October 29, The Mayor and the Council of the City of Kenai pledge their affirmative vote for maintenance and operational costs of the City projects listed. Resolution No. 86- of the City of Kenai adopted this 1987-88 Capital Improvem— ends Project list. COUNCIL Mayor John 3. Williams _.. Tom Ackerly Raymond Measles City Manager: Wm. J. Brighton a Sally Bailie Chris Monfor Public Worke: Keith Kornelis Art McComsey John Wise Finance: Charles Brown - .f • • PRELIMINAsw _1 t Li " F 1 I 1Aloriv 1 � � 1 STANDARD AGREEMENT FORM GO 0 FOR—MUNTCIPAL GRANTS O«ssrowv This agreement is executed between the State of Alaska, Department of Administration, (Hereinafter called the "State"), and Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; • Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas, funding for this grant lapses on lapse date X upon completion of the project; Whereas, the grant N8/87-409 of $1,100,000 is for the purpose of Street Improvement Projects and Community Center (please provide further explanation and details in the space provided); This grant.is for road improvements for existing traveled transportation routes throughout the City and for new roads to open up new commercial, residential, and industrial zoned areas.. Improvements could include, but are not limited to, water, sewer, street lighting, sidewalks, storm drainage, curbs and.gutters, seeding, traffic control markings, signing, paving, parking areas, and �ota'Mmiscellaneous items. The general area for Improvements would be within the City limits of the City of Kenai. 40A07- rvA S / WO'O'aorA T° 38S�o00 �mve'�J 7#e DE7n J1A.s A,de v F AAa Tiwr .4~' #" oil sT �PoAO G�G�ItiT+s - /1/o TiCE' -rA*&Ac /s Aft .s.*Wftr&0P&Vb Di@ �A �K /w� /�t sal'a/ dn'ie�Tf 6IV ♦ ra.r `a' s d &'#Jw 4. TivEAffFD« .J W ,v,oT :d0c #0 "0 Fw /i 40 0% C 00.v so vs�rv•t ?Nds� i��os Foy! � ��vDSc�1�o�G We�IAC Page 1 of 4 1/11FL2/0528-08/37 (Rev. 8/85) { AMENDMENT TO THE STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS For all grants of greater than $50,000, be ,—plid as an advanclto the grantee within ten days of the effective date of �o this agreement. Subsequent reimbursement payments 6 mou t e ex enditures that exceed the initial twent percent ayment l -So a maximum at alL.AgglSiogal een gercent. OT Tne-grant, suDjecz available valid appropriations. Additional re ursem payments will not be made before July 1, 1987, unless prior written approval is granted by the Department of Administration. No re m ursement payment will be made either before or after July 1, 1987, until the entire twenty percent advance is expended and additional expenditures are incurred. Expenditures are herein defined as actual cash outlays or current payables. potice, may terminate this agreement, in whole or in oart. when it is In the best interest ot the State._ Ine State is liable only for payment in accordance with the paymentprovisions of the agreement as amended for services rendered before the effective date of termination. This amendment pertains to all municipal grants appropriated by the legislature 1n 1986. By signing this amendment, the participants agree to and will abide by its terms. Grantee: �I�II�1>tiY 4- :Zo-ki _ Bate State of Alaska: r By: Gommissioner 01 HOmirsst�tf0,j Official to Date it /� IOe� veo X 3S% a *ygSi0Do 104/0728-02/1 L.. IN w F =NM- 10 OLD TOWN COMMITEE A TO: Mayor and Counsel Members DATE: September 23, 1986 RE: Road Plan for old Town The following is a recommendation by the Old Town Committee regarding the road plan for the old Town area. This recommendation was reached unanimously at a meeting of the Old Town committee on September 18, 1986. After a thorough review of the three plans presented by Mr. Kasprisin, the Old Town Committee has decided to recommend k. the acceptance of road plan option number two as proposed by Mr. Kasprisin with the following deletions and additions: 1. The Old Town committee would recommend that in Road Plan Option Number Two the Peninsula Avenue alteration as reflected in that plan be rejected. The t basis for this is that it would prevent a circulation of traffic in that area and also present a potential hindrance to fire department and other services that may be needed in that area. 2. The Old Town committee also recommends that the proposed road development around the Alaska State Bank area also be rejected. The basis for this is that it has no apparent relationship to the necessity of road development in the area and that given the limited funding available at this time that this should be an extremely low priority. 3. The old Town committee would recommend that the proposed view site as reflected i n Road Plan option Number Two by Mr. Kasprisin be moved. it is the belief of the committee that the area next to the Miller house where the proposed view site would be is an unstable area and that it would be a waste of money and energy to try to develop an area that has no permanent future. It is I l' } { L Mayor & Counsel Members September 23, 1986 Page 2 recommended that the city utilize available land to the west or secure other land to the west in a permanent area that does not have an erosion problem. The city is encourage to look into the possibility of effecting an exchange of lands if necessary to secure a view site area. It is the belief of the committee that a view site is essential to this area and should be included as an integral part of the road plan. 4. The Old Town Committee would recommend that the city pave Upland and Highland as a first step with the funds available. This would include the alteration of the existing dangerous exit onto Main Street from Highland Avenue. 5. The old Town Committee also suggest that the proposed back road entrance into the church area aaalso be tion is considered as a future addition. based on the approach utilized in Plan 1 by Mr. Kasprisin. we feel that there are not sufficient funds to consider this now and that there are problems in the if thesownershipe two of the property in question. However, rs should be resolved the Committee would recommend that this access to the road to the church areas be seriously considered for future development. 6: The Old Town Committee would recommend that all efforts be expended to secure a stop light at the corner of Main and the Kenai Spur Road. The Committee feels that this would accomplish a two -fold purpose in that it would enhance the safety of the area for the school children and would also operate as ThedeviCeOldToto encourage traffic into the Old Town area. Committee would strongly encourage the city to proceed forward with its proposed plans to alter the intersection at Main Street and the Kenai Spur for the purpose of adding a right-hand turn lane. It is felt that this Stateioto placeaaso enhance stop lights atety thatnd will intersectionraie the n the future. L. 7 n tt ii � s Mayor & Counsel Members September 23, 1986 Page 3 is The above are the recommendations by the Old Town This -� Committee only in regard to the road plan system. recommendation is based on the realization that we are dealing with limited funding at this time and in the near y future. One of the reasons that Plan No. 2 was so attractive was that it utilized the existing road systems } and required very little alterations. We felt this was both desirable from an economic view point and also y desirable from a historical perspective in perserving the historical road system of the Old Town area. The overall -E- considerations in this recommendations are the future . development of old Town as both an effective tourist R attraction and as an enhancement for future development of a somewhat neglected area of the town of Kenai. We think the future looks bright for Old Town and would encourage the continued support of the development of the Old Town i` area. Thank you for your consideration in this matter. Sincerely yours, ROBERT MERLE COWAN Chairman of Old Town Committee L 7 i i f Vacated Streets) y - The northeast portion of Highland Avenue - The northern portion of Overland Avenue - Highland Way - Overland Way P= IJEi' OM. opGtoaa two • Obsecttvess i. To provide a formal and direct access read to the Russian Orthodox historic compound and 1 } the Moose Range Headquarters property imme- diately upon entry into the Townsite from the :I Kenai Spur Highways 8. To establish an outer circulation loop d which will service an expanded �commercial ; coCOrei �'• f. 1 //u�w�e,•� `:r ' � 'OVERLAND 777111E. ' G G 3. To utilise existing streets with minor I modifications in order to establish a smaller interior circulation loop for commercial uses between Main Street and Upland Avenue. w Configuration The road network consists of two circula- tion loops in the Townsite and one loop in ! the East Additon which is identical to Option i One. In the Townsites a major loop has been 1 established by extending Overland Avenue on the north to and through the Moose Range Headquarters over to the Russian Orthodox Church and historic compound. A new Overland Avenue connection extends from the Overland extension southwest to Mission Avenue on the opus mob"Y -, 0, C Road Option vv i improved roasts aD 1111111 vacated or local Wie8.i am am ra"61-='i now The ff"Y" m Desma 0"Up J . . . r kE ;i t� fF �{{3 f , ,t r y' j .. .__..y; - . tt l• t INFO - 3 I CITY OF KENAI %od (?a#W 4 4" TOMMON1909.7M MEMORANDUM TO: Wm. J. Brighton, City Manager FROM: Keith Kornelis, Public Works Director DATE: October 31, 1986 SUBJECT: COUNCILPERSONS' REQUESTS FOR: COUNCIL MEETING OF 11/5/86 B ILL QUANDT - FLOODING ON COOK INLET VIEW I met with Calvin Quandt and David Johnson (Mike Tauriainen, Engineers) about Calvin Quandt's complaint of flooding at his dad's duplex. It is very apparent, and Calvin Quandt agreed, that the drainage never did go toward the road. The area drains toward the lot owned by the Kenai Native Association. Calvin Quandt claims that Doyle Construction placed waste material from our road project on an area that was used for drainage which is located on the Kenai Native Association's property. Doyle Construction disagrees saying they wasted material in a different area on that property. Whatever the case may be, the City is not involved. It was Doyle Construction'e`responsibility to waste the material. Doyle was to find its own waste site and make any necessary agreements. Many property owners along Cook Inlet View asked Doyle to fill in the ditch running on the northwest side of Cook Inlet View. Since the property line is only 15 feet from the curb, this ditch was on private property. Doyle evidently reached an agreement with the property owners and filled their ditch. Unfortunately, filling the ditch did cause some drainage problems. Doyle did go back and work on private property to correct some of the problems - at the owners' request. HEA POLES ON THE BLUFF I have contacted HEA asking them to check the poles along the bluff. During our 100+ year flood storm we had some major bluff erosion. A Councilperson received a complaint about the poles which I` alerted HEA to. .1 KK/sw L y ''i 1 A-, Em { Alaska Maritime National Wildlife Refuge Plan it for Issues Comprehensive Conservation Plan • Environmental Impact Statement • Wilderness Review Voltnne h Number 2 September 1956 Alaska Maritime NWR Scoping Completed Scoping is the process ubed by the Coastal Zone Management offices. Legal were placed in 12 Alas- to communities, schools, libraries, the State government and regional education Fish and Wildlife Service (FWS or Ser- vice) to determine what issues interested advertisements kan newspapers and a full -page adver- centers. The newsletter was distributed throughout the remainder of the scoping people and publics believe should be addressed during comprehensive conser- tisement in the Hor cos magazine. Letters were mailed to community lead- period as people requested information. vation planning. This newsletter is the last of the scoping process for the ers, organizations and schools adjacent to the refuge. These letters provided maps Comments from scoping are from part Alaska Maritime National Wildlife Refuge and information ll--free zenithenumber was grouped sits into 45 categories. Grouping makes it easier to consider the (NWR). Scoping for this refuge lasted from . Pieinformation installed in the Anchorage Manning through office and operated from January throw h g during planning. Comments grouped bgylp f mid -October 1985 through mid -April 1986. During that time, planning team April of 1986. fosters were sent to 93 communities Those ups are urban Alaska, rural groups Alaska, military Alaska, Western Coastal members and refuge staff attended meet- ings and conducted different activities to with attached postcards. These posters the toll -free number, toldreporting orei simplyother. In this newsletter wforeign learn what people considered to be the issues for this refuge. Selected Fish and advertised about the scoping process and told peo- back to you what we heard said during scoping. If you want to Pee all the com- Wildlife Service employees participated in issues identification process as did pie how to become involved in the stop- ing process. In January 1986, an issue of ments and how they are grouped, an an the State of Alaska through the Conser- this planning newsletter, the Plawit, was to our mailing list and bulk -mailed "Issues Compendium" is available. Details for ordering are on the last page. vation System Unit Coordinator and sent What we heard you say about ... Alternadve of Management Expressed Two comments, one each from urban and rural Alaska, expressed a desire to see the refuge managed minimally although the reasons differed. _ Cuue* Refur Management Rural Alaskan residents either sup- ported current management practices or _ questioned how management would change once the refuge was planned. Urban residents were mostly supportive of current refuge management. Two comments asked for enlarged refuge staff } _ at Sitka and the Pribilofs. Other corn- ments were "glad to see you planning for AMNWR," "refuge is absolutely neces• What we heard you say about... sary" and "no more benign neglect — monitor all subunits so you can be aware of changes as early as possible." Concern was expressed that people be allowed to continue to subsist, harvest timber, fish commercially, recreate and enjoy their lifestyle on the refuge. There were comments to keep the refuge as wild as possible and a comment that the "refuge is a waste of time — forget itl Cooperative management was suggested for some refuge islands. Public Involvement Three respondents want the draft plan to reflect their concerns. Another wants public hearings in their commu- nity and another wants a simple brochure to accompany the plan to make it easier to understand. Plan and the Planning Process Responses from Alaskan residents were specific and numerous. In all there were 15 comments. These comments dealt with coastal zone management and refuge planning coordination, use of local people to do the planning, meeting prep- aration and federal regulations. A com- plete listing of the concerns can be found in the Issues Compendium. Unit comments This category contains specific infor- mation about land uses and associated biological and ecological information. The information is further classified by subunit to make the material useful to managers. Detailed responses are in the Issues Compendium. Generally, comments had to do with specific locations of rook- eries, eagle aeries and other biological information. We were also advised of places where people thought the Service needed to provide more enforcement or education personnel or where they thought the resource was being or could be degraded. Residents advised us of places they would like to continue to use which they are currently using. Ques- tions were asked of the Service about specific places. Volunteers Three comments, all positive, about volunteer programs, were received. The comments are "start a volunteer pro- gram," "more volunteers are needed to counteract the decrease in funds" and "promote volunteers to aid in Fish and Wildlife research." Wildlife General statements of concern and beliefs about what people think the ref- uge should be doing for wildlife, such as 'Protect wildlife and habitats," "wildlife resource studies are needed" and "need to insure safety of our marshlands for waterfowl and future generations" were recorded. Specific comments about species like musk ox and hunting in the Cape Thompson area, the desire for a falconer to take peales peregrine falcons from the refuge and sea otter-crab/clam interac- tions in several refuge areas were noted. A comment about restoring the Aleutian Canada Goose as a management priority was made. Additionally, comments about the uses of wildlife were made. These had to do with the wasteful shooting of caribou, the taking of eggs and shooting wild animals in defense of life and property. Aerial Wolf hunting The one comment received was against wolf hunting. The Service will cooperate with the Alaska Department of Fish and Game (ADF&G) according to the Memorandum of Understanding between the two agencies in fish and game harvest matters. Law Enforcement The same comment was received three times — from tribal council presi- dents in the Kodiak area who want the Service to cooperate with Native authori- ties in enforcing closure of critical subsis- tence areas for deer to sportshunters. Native Lands Most comments reflected a concern for what can be done on private lands within refuge boundaries and how refuge management will affect components of a refuge which are essentially inholdings. People wanted to know if they could continue to use and plan for their own lands within a refuge and with a refuge as a neighbor. Additionally, information was offered on current use. Mineral Development and Mining No overwhelming feeling could be derived from the four comments received. Two were against mining, one asked the Service to identify area mineral resources and the last comment wanted to allow subsurface mineral development on refuge lands. Maps Inadequate When scoping began, the maps available to send with the request for scoping information were too small of a scale. Several complaints were received and in response, the Service printed 200 sets of blue -line land status maps. No further complaints were received and this matter has been settled. Nocturnal Species and Offshore Feeding No comments were received from the public on these subjects although lack of knowledge about this topic is of great concern to biologists. Management will continue to emphasize the need for and seek to obtain such information. Ocean The only comment received asked the Service to keep the ocean clean for migrating whales and other sea mammals and to keep Russian and U.S. ballistic experimental warfare out of the Arctic Ocean. Cooperative Management Cooperative management was sug- gested for islands near Kenai Fiords National Park. Chugach Alaska Corpora- tion does► t want Middleton Island included in planning but suggested a cooperative management agreement among the Service, the Federal Aviation Administration and themselves that would clarify responsibilities and privi- leges as granted in the Settlement agreement. A case for close cooperation was made to provide resources that would maintain local lifestyles. A single com- ment from outside Alaska said "no exchange of refuge lands." Commercial and/or Industrial Development Responses from outside Alaska were opposed to any development. Comments were "protect against development," and "oppose any development which harms species or habitats." Comments from rural Alaskans showed a spectrum of concern from "we are concerned that our villages be allowed to improve shore facilities for commercial fishing and pro- cessing, that we be able to meet new L L i � i I initiatives in aqua. and mariculture" to "want the area preserved as a last frontier and not spoiled like the rest of the coun- try. An entire race of people depend upon this frontier both physically and mentally." Urban Alaskans also covered the spectrum — two off companies urged the Service to "preserve opportunities for leasing, subsurface evaluation and all that's necessary for oil and gas explora- tion." Another thought it important to "provide for socio. and economic devel- opment if and when those forces become significant within the refuge." Another was against any kind of commercial or industrial development while another favored agricultural and maricultural development only. R rnl.• V i_. "No new cabins and phase out those in conflict with resources," was the sin- gle comment from outside Alaska. The one comment from rural Alaska wants the Service to "allow the building of hunting cabins." cloth urban Alaskan comments were for the construction of more cabins; however, one qualified his statement by tying cabin construction on small islands in the Kodiak area to those involved in commercial salmon fishing as long as occupancy doesn't interfere with the scope of refuge management plans. Grazing "Get rid of the cattle, toot sweet" was the only comment received in this category. Guiding One comment was received; it was specific to the Cape Thompson area of the refuge and the subsistence take of musk ox by local residents. Hunting All comments about hunting were categorized here whether sport or subsis- tence hunting. Six urban responses favored refuges as a means of resource management if hunting was allowed. Three responses dealt with specific spe- cies or places where hunting takes place. Four of the five comments from rural Alaska favored hunting and continuing to hunt. One commentor was against waste- ful hunting and hunting in general. Two comments from Kodiak area tribal coun- cils spoke to deer hunting conflicts between subsistence users and sports- men and to the need to continue subsis- tence activities. All non -Alaskan comments were against hunting. For the most part, Alas- kans were pro -hunting. Regardless of position, almost every statement had a qualifying statement attached. Introduced Species Western Coastal U.S, comments wanted the Service to continue to elimi- nate predators from seabird nesting areas to restore historic population levels and not to use 1040 because of its damaging effects on wildlife throughout the food chain. All Alaskan comments favored con- tinuing refuge management programs to t{ f��it�a�riri.✓�R. - A eliminate cattle, foxes, ground squirrels, rats and voles. Most mentioned that such efforts aided Aleutian Canada Geese and nesting seabirds and they felt these spe. cies needed protecting. All comments favored continuing efforts to eradicate non-native species; however, they dif- fered in the methods used. Land Use Regulations All comments came from Alaskans who wanted to know how the refuge would impact adjacent lands. They wanted to be kept informed about refuge management and expressed a concern that Service regulations were not always understood. Land Ownership/Status Comments in this category vary widely from "absolutely no leasing of land to industry or anyone else" and "absolutely no exchange of lands" to "buy out private inholdings." There were questions about specific parts of the refuge, their status and how the refuge intended to manage these. The question of exchanges and the potential for exchange arose. A request was made that the plan discuss the private -federal own- ership relationship and whether Inhold- ings are subject to refuge management regulations. All comments were from Alaska, all were pro -logging and each statement had a qualifying statement attached. Three comments were for logging but only if logging benefited wildlife, not just pro- vided jobs. A native corporation requested that the Service work with them to designate and construct log transfer facilities so they can get their timber out. Marine Mammals/Management Comments were quite varied although there were not many com- ments. A question was asked as to if there was a fallacy in allowing sea otter populations to explode resulting in a "wipe-out" of razor clams, butter clams, crab and other shellfish populations which in turn impacts the subsistence harvest of these species. This problem was of concern to people from Cordova and Pelican who anticipate the loss of these species within two to three years. Another spoke to the need to protect sea otters and seals on the Murde islands. The conflict between seal and sea lions and commercial fishermen was spoken about. Another commentor was I 0 7 L f i a 7 {{ 7Z i 6 v �s �t especially concerned about the primary producers in the marine environment which maintain the marine birds, mam- mals and fishes. Subsistence Only two responses came from out- side of Alaska and they were in favor of limiting subsistence to major islands and phasing out subsistence uses. The tone of rural Alaskan responses was for the continued right to live a sub- sistence lifestyle in the traditional man- ner. Many offered information about where and what they take and use in their subsistence tradition. Two men- tioned that subsistence shouldn't harm wildlife and concern was expressed that the Service recognize the value and necessity of subsistence for more than just food. Urban Alaskans also support subsis- tence but qualify their support with state- ments like "for ducks, geese and caribou only as long as the populations are healthy," and "support subsistence but must minimize the impact on resources within lagoons and deltas because of vascular plants which are at the edge of their Alaskan range and may be slow in recovering from trampling and dredg- ing." A specific abuse of subsistence was reported and questions asked about how refuge management and regulations affect subsistence. Comments here also pertain to other categories such as law enforcement and hunting. IS , Sf aties Im Two comments, both questions, were received — what treaties are we concerned with on this refuge and will the Service honor fur seal and other treaties? Threatened and Endangwd Species One response, "protect against extinction," was received. Water Quality and Quantity One comment, "any proposed action which affects the quality and quantity of water would concern us" was received from the Bristol Bay area. Another thought that this should be a priority for the refuge but secondary to protecting marine mammals and birds of the refuge. Ali comments from urban Alaska com- mented specifically on pollution. Three comments said "clean up W W 11 toxics." Three other comments had to do with the discharge of oily ballast water, oil, grease, soap and detergents and other garbage - type waste from sea -going vessels and the impact of these upon beaches, birds, fish and waters. The Service was asked to clean up beaches and to conduct research Into the impact of such pollution on seabirds. 22(g) Lands "The refuge should allow Atka to be open for development of the local islands on ANCSA lands" was the only comment received. Coastal Zone Management Tivo comments: "no apparent con- flict with Juneau's approved coastal man- agement plan" and "be aware of the southwest Prince of Wales Plan which includes the Forrester Islands subunit of the refuge" were received. Access This category included comments about access to or within the refuge for whatever reason. Western Coastal U.S. responses were in favor of restricting access to and through the refuge — .access for interpretation and education only, "no roads or parking lots and severely restrict private boats and air- craft" and "limit access to FWS tour groups." Comments from other outside respondents echoed those of the Western Coastal U.S. — "build no unnecessary roads." The one comment from military Alaska wanted access "for people with average incomes." Comments from rural Alaskans offered information about the methods of access used or places they went on the refuge. There were no statements for or against machines or methods of access, but it was inferred from information given that continued access using tradi- tional means is wanted. Urban Alaskan comments were split into three groups: against increased access, for access with or without restric- tion and comments on current access. Three comments were against roads if they were for mineral development or logging. Three comments spoke to how current access was controlled by the military and what wasn't controlled by the military was controlled by Native organizations. Although not stated, it was inferred that they would like more access to the refuge. Six comments spoke specifically to allowing access for oil and gas and mineral assessment and that the FWS should "consider" overall state and national energy needs and requirements in planning so "access for private and public entities should be provided for evaluation." Six other comments favored access for private use or recreation." Cultural Resources Comments from rural Alaska varied but most provided site -specific informa- tion about historic use of an area by Natives — uses that continue through the present day. Comments from urban Alaska fell into two categories — those that concerned W W 11 remains and con- tinuing military presence and comments pertaining to Native cultures. For the most part, those concerned with W W 11 remains including downed aircraft and shipwrecks wanted to see the Service institute a better plan for dealing with downed historic aircraft. Two responses from archaeologists were concerned about the destruction of archaeological sites on Shemya and Amchitka. Similar comments were made about Unalaska and the need to control activities of cannery workers. One response indicated a concern for the preservation of Aleut culture and lifestyle in the Aleutians and Pribilofs. Fishing A concern for commercial fishing and the subsistence lifestyle and the need to protect and conserve the resources that support those uses was expressed. Another rural Alaskan resident ques- tioned how refuge management would affect current hunting and fishing prac- tices. Of the eight responses from urban Alaska, one asked that the refuge remain open for fishing. Two responses per- tained to commercial fishing. The remaining five comments had to do with foreign fishing fleets and their impact on seabirds and bottom fisheries. For the most part, these commenters believe the impact from foreign fleets is detrimental to both fish and seabirds. An example of these comments is "pay more attention to the discharge of oily ballast water, grease and other contaminants at sea and to the overfishing by foreign fleets —1 believe these two factors, especially the second, have contributed greatly to the decrease in the number of seabirds in offshore North Pacific waters." Three responses were received from outside Alaska: one from an Indiana man who has set -netted in Alaska for 13 years, one opposing fishing on the refuge and the last asking if refuge management conflicted with bottom fishing. Regard- less of geographic location, all comments tended to be more globally ecological in concern than site -specific. There was a definite tone of wanting the Service to look beyond refuge boundaries for both problems and solutions. A l Interpretation and Education Regardless of the origin of com- ments, all favored the institution and operation of some type of interpretive program on the refuge. Many comments pointed out how interpretation can help management. Other comments spoke to the need for educational and informa- tional material for both refuge visitors and for people whdil never visit the refuge but want to know about it. Sub- jects were suggested for this material. A comment that summarizes most of the comments Is "an aggressive public involvement and educational program is the only way this refuge can provide long-term protection of seabird populations." Mariculturn All comments received were "for" mariculture within the refuge. One com- ment wanted the Service to consider the possibility of mariculture in the form of growing oysters, scallops and harvesting seaweed on the refuge. Three villages said they wanted to designate a limited number of development sites for possible support for mariculture and fishing. 011 and Gas Comments on this subject were either for oil and gas exploration and development, against it or had some qualifications for these activities. The one comment from rural Alaska said that the activity was not appropriate "where it will hurt fish and wildlife habitats." The one foreign comment said to "protect against" oil and gas development. The one comment from outside Alaska urged the FWS to "incorporate strong provi- sions that protect birds, marine mammals and other resources from the impacts of off -shore development such as vessel restrictions to protect migratory passways, seasonal development and operating restrictions, restriction on geographic activities including seismic exploration and the use of explosive devices and requirements for oil spill containment and cleanup response capa- bility within different parts of the ref- uge." The one Western Coastal U.S. comment was opposed to "any drilling or tanker traffic which could jeopardize refuge values." Recreation Comments from the contiguous 48 states ask the Service to "plan carefully when considering tourism and consider both environmental and economic impacts" and one that "opposes any economic or recreational development uses which can harm species or habi- tats." Three responses told the Service that "if recreational use grows, villages should be able to sponsor a limited num- ber of improved campsites or cabin dus- ters to earn some income from the use of their lands and wildlife." And two other responses asked to "retain their rights to use lands for recreational uses." A "go-slow" attitude seems to pre- vail from urban Alaskans. Comments such as "develop without damaging the resources," "the area should remain open for the public to see and enjoy, but not to exploit," and "encourage recreation where compatible with preservation of indigenous wildlifer' are representative of these responses. 1 Most responses came from urban Alaska residents who favored expanding or doing research on the refuge; there were no comments against it. Three responses supported the need for an Aleutian Islands/Amchitka research cen- ter which would be maintained and des- ignated as a natural laboratory for international scientific use. It has also been suggested that an area like this could be the cornerstone of the new Arc- tic Science Policy (Arctic Research and Policy Act of 1982) and designated as a U.N. World Heritage Natural Laboratory like the Galapagos. The Service was asked to support and encourage research by providing basic logistic support to qualified researchers, especially in remote areas where commercial support is non-existent. Seabirds This refuge provides breeding habi- tat for 70 percent of the seabirds nesting in Alaska. Five comments from urban Alaskans expressed concern about the impacts of commercial fisheries activities upon seabird populations. Othercom- rnents related to the effect of aircraft and helicopter overflights on egg loss of murres early in their incubation period, of recreational use of colonies and unin- tentional harassment and that the plan should reflect the migratory importance of Unimak Pass. A concern was expressed for sea- birds and the impacts they can suffer from oil and gas developments which can impact the necessary biological resources in the Bering Sea area. In order to under- stand the recent decline in species popu- lations such as black- and red -legged kittiwakes, common and thick -billed murres and horned puffins and the exist- ing problems on commercial fisheries conflicts, waterborne pollutants and o8 spills, a concern was expressed that the Service should monitor populations of major seabird species throughout their ranges. A Stebbins resident wanted to know if he would be able to continue to collect murre eggs. Wilderness Comments received on wilderness reflect the full spectrum of thought. Three Alaskan oil companies suggest that "there is no further need for wilderness other than for those provisions provided for in ANILCA for small adjustments to existing wilderness designated areas." On the other end is the comment "take into account diminishing wilderness on a national and global scale. Put into con- text, these remote islands seem less dis- tant and more significant. Provide wilderness designation to the maximum extent practicable with special emphasis on coastal protection." Ali three com- ments from rural Alaska are against wilderness, two asking for the declassifi- cation of Nunivak Island (in the Yukon Delta NWR) and the third saying that the "impact of existing wilderness designa- tion will affect the subsistence way of life ... this potential problem could be resolved if subsistence can be continued in existing wilderness designations." All four comments from outside Alaska are for wilderness designation. No comments were received on the following topics: Fire, Permits, Visual Pollution and Small Mammal Control. L L 07 Issues Summary if you would like more details about what was heard in the scoping process, write to the address below and request a copy of the "issues Compendium for Alaska Maritime National Wildlife Ref- uge, Comprehensive Conservation Plan- ning, Scoping" dated June 1986. Public comments received in scoping i For more information or answers to i questions, contact: i Alaska Maritime NWR Planning Team U.S. Fish and wildlife service loll E. Tudor Road Anchorage, AK 99503-61" Attn: Leslie Kerr Telephone: (907) 7P -3423 or (SM) 478-3501(toll free) will be combined with information about the biology, geology, socioeconomic and other aspects of the area. The informa- tion will be used to develop preliminary alternatives about the way the refuge should be used. Once these have been developed the FWS will come back to you with a newsletterlworkbook which will give you the opportunity to comment on the proposed alternatives or to make your own alternative. Plan -it Refuge Planning Team U.S. Fish & Wildlife Service zl 1011 East lUdor Road t '... Anchorage, Alaska 99503.6199 The Plan -it is a periodical bulletin of the Refuge Planning Team, U.S. Fish and Wildlife Service,1011 E. Tudor Road, Anchorage, Alaska 995o3. it is intended to provide the public with Information about com- prehensive conservation planning on Alaska's National Wildlife Ref- uges and to encourage citizen partic- ipation in the planning effortIL ri I POSTAGE AND FEES PAID U.S. DEPARTMENT OF THE INTERIOR INT 423 L i 0. J .i ' M1 + : jj S � � . It ;H f' „ f CITY OF KENAI, ALASKA Federal and State Single Audit Reports Year ended June 30, 1986 r PEAT MARWICK L 7 7 f } c ..i CITY OF KENAI , ALASKA Table of Contents :.. L Internal Accounting and Administrative Controls • Federal Single Audit -_,-; Compliance at the General Purpose Financial Statement Level and Federal t( - 'r I Financial Assistance Program Level ( Y f „ Schedule of Federal Grant Activity Report on Internal Accounting and Adt - Single Audit " n Compliance at the General Purpose Fii Financial Assistance Program Le' Schedule of State Grant Activity n R ' � j !l 1RF Ilk a �7 1 f ii in Page 1 5 7 7 a _ - :•12 -..i : •f,. it --_ .:. i .il it CITY OF KENAIo ALASKA Internal A000unting and Administrative Controls - Federal Single Audit Year ended June 30, 1986 -1- L t a ]PEAT MARWICK The Members of the City Council City of Kenai, Alaska: Peat, Marwick, Mitchell & Co. Certified Public Accountants Alaska Mutual Hank Building 601 West Sth Avenue, Suite 700 Anchorage, Alaska 99501 We have examined the combined, combining, individual fund and account group financial statements of the City of Kenai, Alaska, for the year ended June 30, 1986, and have issued our report thereon dated August 29, 1986. As part of our examination we made a study and evaluation of the internal accounting and administrative controls described below to the extent we considered necessary to evaluate the systems as required by generally accepted auditing standards; the standards for financial and compliance audits contained in the Standards issued by the O.S. General Accounting Office; the Single Audit Act or 19a4; and the provisions of OMB Circular A-128, Audits of State and Local Governments. The management of the City of Kenai, Alaska, is responsible for establishing and maintaining internal control systems. In fulfilling that responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objectives of internal control systems are to provide management with reasonable, but not absolute, assurance that resource use is consistent with laws, regulations, and poli- oies; resources are safeguarded against waste, loss, and misuse; that trans- actions are executed in accordance with management's authorization; and that data are obtained, recorded, and maintained properly to permit the preparation of financial statements in accordance with generally accepted accounting prin- ciples and the preparation of federal reports in accordance with federal requirements. Because of inherent limitations in any system of internal accounting and administrative controls, errors or irregularities may neverthe- less occur and not be detected. Also, projection of any evaluation of the systems to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate. The significant internal accounting and administrative control categories, and the extent of our study and evaluation of these categories, are as follows: Transaction Cycles_ • Purchasing and disbursements e Payroll —2- L 8 „i n 1` `. The Members of the City Council I City of Kenai, Alaska �... General Requirements • Political activity - • Davis-Baoon Act • Civil rights _.4, • Cash management • Federal financial reports _ l Specific Requirements • Types of services • Eligibility • Matching level of efforts • Reporting 14. ` • Cost allocation ?: • Special requirements, if any " With respect to internal control systems for which our study was extended . ' beyond the preliminary review phase, our study and evaluation included con- sidering the types of errors and irregularities that could occur, determining `, the internal control procedures that should prevent or detect such errors and irregularities, determining whether necessary procedures are prescribed and ::}{...:. are being followed satisfactorily, and evaluating any weaknesses. Such study and evaluation included the significant internal accounting and administrative �:7... controls used in administering the following nonmajor federal financial y. assistance programs, library construction grant and senior citizen programs. { During the year ended June 30, 1986, the City of Kenai, Alaska, expended 100 percent of its federal financial assistance under these nonmajor federal °. financial assistance programs. E Our study and evaluation described in the two preceding paragraphs were more -'--- - - -- limited than would be necessary to express an opinion on the internal control systems of the City of Kenai, Alaska. Accordingly, we do not express an opinion on the internal control systems of the City of Kenai, Alaska, taken as �..1: a whole, or on any of the control categories identified above. However, our ._..:_.... _._ study and evaluation and our examination disclosed no condition that we believe to be a material weakness. T -3- . n 7 - i r a i � - The Members of the City Council City of Kenai, Alaska This report is intended solely for the use of the City of Kenai, Alaska, the cognizant agencies and other federal audit agencies and should not be used for any other purpose. CO August 29, 1986 -4- .. 1 f i w PEAT Peat, Marwick. Mitchell & Co. Certified Public Accountants MARWICK Alaska Mutual Bmtk Building 601 West Sth Avenue, Suite 700 Anchorage, Alaska 99501 The Members of the City Council City of Kenai, Alaskat We have examined the combined, combining, individual fund and account group financial statements of the City of Kenai, Alaska, for the year ended June 30, 1986, and have issued our report thereon dated August 29, 1986. Our examina- tion was made in accordance with generally accepted auditing standards; the standards for financial and compliance audits contained in the Standards for Audit of Governmental Oraanizations. Programs. Activities. and Functions, issued by the U.3. General Accounting Office; the Single Audit Act of 1984; and the provisions of OMB Circular A-128, Audits of State and Local Governments, and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circum- stanoes. The management of the City of Kenai, Alaska, is responsible for the City's compliance with laws and regulations. In connection with the examination referred to above, we selected and tested transactions and records that in- cluded, but were not limited to, transactions and records relating to certain nonmajor federal financial assistance programs. The purpose of our testing of transactions and records was to determine the City's compliance with those laws and regulations for which noncompliance could have a material effect on the allowability of program expenditures or on the City's general purpose financial statements. The results of our tests indicate that for the transactions and records tested, the City of Kenai, Alaska, complied with the laws and regulations referred to above. Our testing was more limited than would be necessary to express an opinion on whether the City of Kenai, Alaska, administered the federal financial assistance programs in compliance, in all material respects, with those laws and regulations for which noncompliance could have a material effect on the allowability of program expenditures. With respect to the transactions and records that were not tested by us, nothing came to our attention to indicate that the City of Kenai, Alaska, had not complied with the laws and regulations other than those laws and regulations for which we noted violations in four testing referred to above. August 29, 1986 0. .i "r •r - q.t ( iF t} CITY OF KENAI, ALASKA Schedule of Federal Grant Activity Year ended June 30, 1986 -?- L .r- F - .. jj 4. 41 .ry ' u:: 4 • i • t 1 L'[ rPEAT �J MARWICK The Members of the City Council City of Kenai, Alaska: Peat, Marwick, Mitchell & Co. Certified Public Accountants Alaska Mutual Bank Building 601 West 5th Avenue, Suite 700 Anchorage, Alaska 99501 We have examined the combined, combining, individual fund and account group financial statements of the City of Kenai, Alaska, for the year ended June 30, 1986, and have issued our report thereon dated August 29► 1986. Our examina- tion of such general purpose financial statements was made in accordance with generally accepted auditing standards and the standards for financial and com- pliance audits contained in the Standards for Audit of Governmental Organizations, Programs. Activities, and Functions, issued by the U.S. General Accounting Office and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Our examination was made for the purpose of forming an opinion on the combined financial statements of the City of Kenai, Alaska, taken as a whole. The supplementary information inoluded in the accompanying Schedule of Federal Grant Activity is presented for purposes of additional analysis and is not a required part of the general purpose financial statements. Such supplementary information has been subjected to the auditing procedures applied in the exam- ination of the general purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. P1 cam. August 29, 1986 -8- L .4 A { r 0 0 0 weev c � �I xxmsz r� rs z O r 0 1 C N It1 IoC1 1�1 � •� N r � Ir 1�l1 m O O 10 N 0 � N•"MN 0 + nrwj r p r �D t� CD OD N Ir1 1~% N ado 1%0n o ao S 1 NIrMO M w, (rw w w C� CD " N �O x Q N) N -rNun-a O ... i M1 C r r r O r N L • CITY OF KENAI , ALASKA Report on Internal Accounting and Administrative Controls - State Single Audit Year ended June 30, 1986 -10- f a �t PEAT Peat, Marwick, Mitchell & Co. Certified Public Accountants MARWICK Alaska Mutual Bank Building 601 West Sth Avenue, Suite 700 Anchorage, Alaska 99501 The Members of the City Council City of Kenai, Alaska: we have examined the combined, combining, individual fund and account group financial statements of the City of Kenai, Alaska, for the year ended June 30, 19860 and have issued our report thereon dated August 29, 1986. As part of our examination, we made a study and evaluation of the system of internal accounting control of the City of Kenai, Alaska, to the extent we considered necessary to evaluate the system as required by generally accepted auditing standards, the standards for financial and compliance audits contained in the U.B. General Accounting Office Standards for Audit of Governmental Organiza- Audit Regulation 2 AAC 5.010 . For the purpose of this report, we have classified the significant internal accounting controls in the following categories: Transaction Cycles • Purchasing and disbursements • Payroll Scecifio Requirements • Eligibility • Types of services • Matching level of effort • Reporting Our study included all of the control categories listed above. The purpose of our study and evaluation was to determine the nature, timing, and extent of performing the auditing procedures necessary for expressing an opinion on the City of Kenai, Alaska, financial statements. Our study and evaluation was more limited than would be necessary to express an opinion on the system of internal accounting control taken as a whole or on any of the categories of controls identified above. The management of the City of Kenai, Alaska, is responsible for establishing and maintaining a system of internal accounting control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objectives of a system are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, the City of Kenai, Alaska, is managing its state financial assis- tance programs in compliance with laws and regulations, and that transactions are executed in accordance with management's authorization and recorded prop- erly to permit the preparation of financial statements in accordance with generally accepted accounting principles. -11- L 7 9 F The Members of the City Council City of Kenai, Alaska Because of inherent limitations in any system of internal accounting control, Also, { errors or irregularities may nevertheless occur and not be detected. of any evaluation of the system to future periods is subject to the projection risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate. .; Our at and evaluation made for the limited purpose described in the first paragraph would not necessarily disclose all material weaknesses in the an opinion on the system of internal system. Accordingly, we do not express control of the City of Kenai, Alaska, taken as a whole or on any of - accounting the categories of controls identified in the first paragraph. However, our that we believe to be a material V study and evaluation disclosed no condition ` weakness. This report is intended solely for the use of management and the State of Alaska and should not be used for any other purpose. cc . ., -rS - August 29, 1986 tt -12- } ,:_..- A l� A. L 7 w f � , rs i , F l 3, CITY OF KENAI, ALASKA Compliance at the General Purpose Financial Statement Level and State Financial Assistance Program Level Year ended June 30, 1986 -13- L 1 MPEAT MARWICK The Members of the City Council City of Kenai, Alaska: Peat, Marwick, Mitchell & Co. Certified Public Accountants Alaska Mutual Hank Building 601 West 5th Avenue, Suite 700 Anchorage, Alaska 99501 We have examined the combined, combining, individual fund and account group financial statements of the City of Kenai, Alaska, for the year ended June 30, 1986, and have issued our report thereon dated August 29, 1986. Our examina- tion was made in accordance with generally accepted auditing standards; the provisions of Standards for Audit of Governmental Organizations, Programs, Activities, anI promulgated by the U.S. Comptroller General, as they pertain to financial and compliance audits; the State Single Audit Regu- lation (2 AAC 45.010); the provisions of the State of Alaska, Office of Man- agement and Budget's State Single Audit Guide and Compliance SuRplemento con- ducted for 2 AAC 45.0 ; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In connection with the examination referred to above, a representative number of transactions from each major state assistance program were selected to de- termine if state funds are being expended in accordance with the terms of applicable agreements and those provisions of state law or regulations that could have a material effect on the financial statements or on each major state assistance program tested. The results of our tests indicate that for the items tested, the City of Kenai, Alaska, complied with the material terms and conditions of the state assistance agreements. Further, for the items not tested, based on our examination and the procedures referred to above, nothing came to our attention to indicate that the City of Kenai, Alaska, had not complied with the significant compliance terms and conditions of the programs referred to above beyond the findings and questioned costs noted above. This report is intended solely for the use of the City of Kenai, Alaska, the state coordinating agency, state grantor agency, and other state audit agencies. This restriction is not intended to limit the distribution of this report, which, upon acceptance by the City of Kenai, Alaska, is a matter of public record. � t August 29, 1986 -14- 1 i -_ 4 n s. € a ` F � �1 CITY OF KENAI, ALASKA Sohedule oC State Grant Aotivity Year ended June 30, 1986 E r: 1 f�. ., E �3 iE �4. f A ' 3 <r [@PEAT MARWICK The Members of the City Council City of Kenai, Alaska: Peat, Marwick, Mitchell & Co. Certified Public Accountants Alaska Mutual Bank Building 601 West 5th Avenue, Suite 700 Anchorage, Alaska 99501 We have examined the combined, combining and individual fund and account group financial statements of the City of Kenai, Alaska, as of and for the year end- ed June 30, 1986 and the results of operations of such fund types and the changes in financial position of the Proprietary Fund Types for the year then ended, in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Our examination was made for the purpose of forming an opinion on the combined financial statements of the City of Kenai, Alaska, taken as a whole. The supplementary information included in the accompanying Schedule of State Grant Activity is presented for purposes of additional analysis and is not a requir- ed part of the general purpose financial statements. Such supplementary information has been subjected to the auditing procedures applied in the examination of the general purpose financial statements and, in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. August 29, 1986 -16- • I 7 21 H al `'Imi mmmmami ar.Ia°:�rao20:: sf ""O "0 1 1 1 1 1 1 1 M A m cn � O +� M �o N VI cc %0%atnl+r'0000 O +1 m OMq- AirCDOMLnOLnO M LT %O O O� M N t- O N 0 N w w w w w w w w w w O j7 !1p M co M fn N M In rr xr en 10 � " m N 'yO ArO%O%eO�MN 1 0000 .- � =i.co.N O'i vw w w O t- en MOO o%M M11� ar Mi N fDn00%OON?00 OO "ofMt-N1 OLA %O Ow MO OOw Ow %O Ow w w wN 00MGoMMUN+7Ar° O N M N M �I s M � � C %ON CD w r •b r- I i l4 I 6--p- i r— `f . .1 w.4 'l � z dr i • I C,4 'I Cal ,g