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HomeMy WebLinkAbout1987-12-02 Council PacketCOUNCIL PACKETS m Kenai City Council Meeting Packet December 2, 1987 —I -ogo wits m-W -tw- NOW an KUL NAVON J" A VUMW PM$N" a. OR" HLA1 NM--- 9.0 :1 904T.- owpop". loolloo" cilsood a" .3. GlAWlio 1242417 -1 NO IWVIAWO - ~01 FAW.Pl* MAW :— VOMOU 43.136 COW laft'volroO P# W 4'.'"040 W-74 - AOMW44 IWO OWN 01*0 um k�.�Qwft- Aod SM-mo-o'.; -1674MONVvisolm POO*, XWAAW--' oloololik 4 13-Mift-OW dAlm -*on AI 'mn end ~' far LNWUasf -~6 `41 -------- ---- KENAI CITY COUNCIL December 2, 1987 KENAI CITY HALL MAYOR JOHN J. WILLIAMS, PRESIDING E n il, fft per' �Y PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk M are considered to be routine and noncontroversial 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. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) C. PUBLIC HEARINGS 1. Ordinance 1240-87 - Amending Kenai Municipal Code Uniform Penalties r?•..-2. Ordinance 1241-87 - Increasing Rev/Appns - Congregate Housing Facilities - $161,500 (Contingent Upon Receipt of Signed Grant) 3. Ordinance 1242-87 - increasing Rev/Appns - Design of Road Projects - $261,500 4. Ordinance 1243-87 - Increasing Rev/Appns - Repair Police Vehicle - 83,738 �� . Re.:,,�t ��s: j or. 87-F9 -� Acscepti ag Deed of. R ele-asc t r. % rt FAA _. k'L�� 3/D(yj� r v . R 3su" utL rn 67-12 - ttecornn ;ndaLich of t3Ata-Suppax4 I, of Opening of Nikiski High School and kkyview High School in Soldotna --- - - T. Resolution 87-73 - Amend Res. 87-64 - Amending 48 -W Capital Improvement Projects List .' .----8. Resolution 87-74 - Amending 9.7.." Capital ' improvement Projects List - Delete Community center, Add Port Facility and Recreation Facility —9. Resolution 87-75 - Amending 8? 98 Capital {• `- Improvement Projects List - Add Port Facility, ,._--.-------------_,... ^ _- ' Recreation Facility;- Community CentG-r - �. — 10. Resolution 87-76 - Amending 87-88 Capital V�, -- - - - — - -- - - -improvement Projects-- List -- -Community- Center - - 7J 4jjj}{c 7. y rf: r Oar"� 11. Resolution 87-70 - Requesting Corps. of Engineers Studies - Section 103 - Shore Erosion Control ,�.;,..�. Project, Kenai River 12. Resolution 87-71 - Requesting Corps. of Engineers Studies - Section 107-Small Navigation Projects, Kenai River 13. Modification of Alcoholic Beverage Control Board _ "Stipulation Decision and Order" for Liquor License - Eadie's D. COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Airport Commission 7. Economic Development Commission 0 M4 ae. _ rnmm/i- mm M �i. j MINUTES 1. *Regular Meeting, Nov. 4, 1987 2. *Regular Meeting, Nov. 18, 1987 CORRESPONDENCE 1. *Governor Cowper - Wildlife Viewing Area 2. *Alaska DOTPF Commissioner Hickey - Spur Rd. Widening Project 3. *Alaska Recreation & Park Assn. - Professional Award to K. McGillivray 4. Alaska DNR - Oil & Gas Lease Sale - Cook Inlet S. *Office of the Governor - C. Kadow - Location of a Governor's Office in Kenai 6. *Sen. Fischer - Capital Improvement Projects List OLD BUS21IE SS ' H. NEW BUSINESS ti _ 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1244-87 - Amending Kenai Municipal Code Title 13 - Delete Reference to AS Title 28 ? 4. *Ordinance 1245-87 - Increasing Rev/Appns - Travel i. 1: Expenses - Senior Citizens - $1,000 • 5. Discussion - Davis -Bacon Act Amendments Discussion - Kenai Boating Facility - Additional Compensation f or --Inspection - '` 7. Discussion - Cohoe and Coral Sewer Line r, I. ADMINISTRATION REPORTS _ _ 1. City Manager J 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 min.) ADJOURNMENT COUNCIL. MEETING OF — COUNCIL MEETING OF s ME M ME ME 11MEN son sm M MEMMEMEMMEN MOONS mommmsomm MEMOMMEMI OMENS mmoni� 7 L L INFORMATION LISTING DECEMBER 2, 1987 1. TO DO List, 11-19-87 2. TO DO List, 11-2-87 3. Institute of Social & Economic Research Newsletter, Alaska's Economy & Housing Market 4. mLC - Annual Congress of cities, Dec. 1987 5. Borough Agenda, Nov. 17, 1987 6. Comm/Cam Application - Clarence Ladd 7. Transfers Under $1,000 - Nov. 1987 S. Architect C. Gintoli - Fountain, L. Hanson Park 9. AK Dept. Health & Social Services - Restitution, Roe Center Burglary m.4'14*4gin ^f Mnrthlanil 1 Suggested By; Administration CITY OF KENAI QRDSNIINCE NO. 1240-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR UNIFORM PENALTIES THROUGHOUT THE KENAI MUNICIPAL CODE AND AMENDING KMC SECTIONS 1.56.050, 1.85.050, 2.35.010, 3.05.060, 4.40.020, 5.05.040, 5.10.020, 5.15.060, 5.25.090, 5.30.230, 5.35.250, 6.05.270, 8.10.120, 9.10.110, 11.20.780, = 12.15.100, 12.20.060, 12.25.090, 12.30.060, 13.05.010, 13.05.020, 13.40.080, 14.20.260, 14.25.090, 17.30.050, 17.30.060, 18.05.020, 18.05.110, 18.25.140, 18.35.030, 20.05.110 AND 21.05.050. WHEREAS, the State of Alaska has raised its bail schedule for violations, traffic infractions and misdemeanors; and, WHEREAS, inflation has made penalties in the Kenai Municipal Code €. inadequate and the present penalties are not an effective deterrent; and, WHEREAS, it is the desire of the Council to raise penalties; and, ,t WHEREAS, the voters of the City of Kenai approved an amendment to Section 9-3 of the City Charter to allow for an increased penalty. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that provisions for uniform penalties throughout the Kenai Municipal Code be made by amending the following i. sections of the Code described on Exhibit "A" attached hereto. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second day of December, 1987. I JOHN J..WILLIAMS, MAYOR ��- November 18, 1987 December 2, 1987 January 2, 1988 L section_1: 1.56.050 Penalty: In addition to any fine levied or other, penalty imposed pursuant to this ordinance or regulations imposed thereunder, any person, firm, or corporation who shall violate any provision of this chapter including any rules and regulations as herein set forth, or fail to comply therewith upon conviction thereof shall be punished by a fine [NOT EXCEEDING $1001 as provided_for violatione,_i�► RMC 13.05.010. foal Section 2: 1.85.050 ggusq1L.gr._Fa3lnre to Disclose: (a) If a candidate fails or refuses to file the statement required by 1.85.010, his filing shall be -refused or, if previously accepted, shall be returned and his name shall be withheld or removed from the filing records of candidates. (b) A person failing or refusing to comply with the requirements of this chapter shall forfeit his nomination and shall not be seated or sworn to the office for which he is a candidate. (e) A person who refuses or knowingly fails to make a required disclosure of information as -provided in this chapter or who files a statement containing false or misleading information knowing it to be false or misleading, shall be guilty of a [MISDEMEANOR) violation and upon conviction is punishable by a fine [OF NOT MORE THAN $3001 as,provided for violations in RMC 13 .•05.010 . Section 3: 2.35.010 Penalty: Any person, firm, or corporation who commits a misdemeanor as defined by this chapter or who otherwise violates any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction[, OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, AT THE DISCRETION OF THE MAGISTRATE) shall be punished asav3de3_fc�x., misdemeanors in KMC 13�05.010. 8ect on 4: 3.05.060 Penaltiea.•.end_Remedes: (a) Except as this section provides otherwise, a person who violates a provision of ` this title, term, condition, or provision of a license issued .1 t hereunder, or a City regulation promulgated under this title shall, upon conviction, be subject to a fine [OF NOT MORE THAN $300 ] ae pravid- t f-O _violations- in KMC_ 13, 05 .,010.. (b► In addition to, or as an alternative to the penalty aforementioned, any person violating any provisions of this title shall be subject to a civil penalty [OF NOT MORE THAN $3001 as 2goy i m MC 13.05.0,10 . Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (c) The City shall seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. (d) Any animal adjudged a vicious animal by a court of competent jurisdiction, may be destroyed by the City of Kenai Animal Control Department upon order of such court or through the consent of the animal's owner. ' 1 ,1 t 1. Section 5: 4.40.020 eDRltys Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a [MISDEMEANOR) v� olat�ioa, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted; and upon conviction of any such violation, such person shall be subject to punishment (BY A FINE OF NOT MORE THAN $1001 ae �sogAde� fQr_vAg1 tfons in 13 05L010. Section 6,: 5.05.040 Penalty: Any person perpetrating a nuisance as herein described and prohibited shall be guilty of a misdemeanor; and upon conviction therefor, shall be punished (BY A FINE OF NOT MORE THAN $300 OR BY IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BOTH SUCH FINE AND IMPRISONMENT.AT THE DISCRETION OF THE MAGISTRATE) ae providod -for• m e4emeanors, in KMC_ 1 05.010. 84ction 7: 5.10.020 Penalty: Any person failing to comply with or violating any provision of this chapter shall be guilty of a 3 7 I+tt*� Y' t is I. (MISDEMEANOR] violation; and upon conviction, shall be (FINED IN AN AMOUNT NOT EXCEEDING $3001 puniaped ae provided for violations in_KMC 13.05.0,10. Every day upon which a violation shall continue shall constitute a separate offense. Section $: 5.15.060 Penalty: Any person failing to comply with, or violate any provision of this chapter shall be guilty of (AN ORDINANCE INFRACTION,) a.yiolation and upon conviction shall be fined (IN AN AMOUNT NOT EXCEEDING $1001 as proy-i_de8 for - violations ir►_RMC 13,05.070. Every day upon which a violation shall continue shall constitute a separate offense. Section 9: 5.25.090 Penalty: (a) Any person who violates any provision of this chapter or the terms, conditions, or limitations of any license issued hereunder shall be subject to a civil penalty (OF NOT LESS THAN $50 NOR MORE THAN $1,0001 as pr veLido for is KMC,13� 05010 for each offense, or injunctive relief to restrain the person from continuing the violation or threat or violation, or both the civil penalty or injunctive relief. Upon application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this chapter, the terms, conditions, or limitations of any license issued hereunder the Superior Court shall grant injunctive relief to restrain the violation. (b1 Each day of violation of any provision of this chapter or conditions or limitations of any license issued hereunder shall constitute a separate offense. Section 10: 5.30.230 Penalty: (a) Any person, firm, or corporation violating any of the provisions of this chapter shall, upon convirtion,thereof, be punished (BY A FINE NOT TO EXCEED $300 OR BY IMPRISONMENT IN JAIL FOR THIRTY (30) DAYS, OR BOTH]'ae prov ded -fQr. misdemeanors ,nKMC„13.05.010. (b) This section may not be construed to authorize a person to solicit for sales or sell services, goods, wares, or merchandise in a residential area in violation of other provisions of this Code. t, i 4 L C r. L J section 11• 5.35.250 Ppnalty: (a) It shall be unlawful and an offense for any person to violate or neglect to comply with any provision hereof irrespective of whether or not the verbiage of each section hereof contains the specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this ordinance, or any of the provisions of a drilling and operating permit issued pursuant hereto, or any condition of the bond filed by the permittee pursuant to this ordinance, or who shall neglect to comply with the terms hereof, shall on conviction thereof, be fined [IN ANY SUM NOT LESS THAN $5.00 NOR MORE THAN $1001 as prav_ided_for violations in KMC 13.05.010; and the violation of each separate provision of this ordinance, and of said permit, and of said bond, shall be -considered a separate offense, and each day's violation of each separate provision thereof shall be considered a separate offense. In addition to the foregoing penalties, it is further provided that the City Council at any regular or special session or meeting thereof, may, provided ten days notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this ordinance and under which drilling or producing operations are being conducted in the event the permittee thereof has violated any provision of said permit, said bond, or this ordinance. In the event the permit be revoked, the permittee may make application to the City Council for a reissuance of such permit, and the action of the City Council thereon shall be final. (b) in addition to, or as an alternative to the penalty aforementioned, any person violating this title shall be subject to a civil penalty [OF NOT MORE THAN $1001 *n an.emounM a4 provided by RMC 13.05.010. Each and every day the violation continues shall be deemed a separate and distinct violation. In addition a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this title and the City may apply for its reasonable court costs and attorney fees in bringing the civil litigation. Sect on. 12: 6.05.270 Offenses, end_.Penaltes: (a) It shall be unlawful for any person, firm, or corporation to do any of the following acts, and any person, firm, or corporation who does any of the following acts shall be guilty of a misdemeanor: 5 . . —A.-_. - - - . L 0 P� - C (1) Directly or indirectly uses or threatens to use force, coercion, violence, restraint, inflicts, or threatens to inflict damage, harm, or loss upon or against any person to induce or compel the person to vote or refrain from voting for any candidate in any election or for any election proposition or question. (3) dives or promises to give, or offers any money or valuable thing to any person, with the intent to induce him to vote for or restrain him from voting for any candidate at any election or any election proposition or question. (3) Knowingly prints or circulates, or causes to be written, printed, or circulated, any letter, circular, bill, placard, poster, or other publication relating to any election or to any candidate at any election or to any election proposition or question without the some bearing on its face the name and address of the author, printer, and publisher thereof. (4) Writes, prints, or circulates, or who shall cause to be written, printed, or circulated, any letter, circular, bill, placard, or poster, or who causes any paid advertisement to be placed in a newspaper or any other publication, or who pays or contributes to the payment for any such advertisement, or who makes any radio broadcast, wilfully knowing the letter, circular, bill, placard, poster, publication, paid advertisement, or radio broadcast to contain any false statement charge, or comment relating to any candidate to any election or to any election proposition or question. 45) Has in his possession outside of the voting room any official ballot, provided that this shall not apply to election officials or other properly authorized persons having such possession in line of duty. (6) Makes or knowingly has in his possession any counterfeit of an official ballot. (7) Refuses to allow an employee reasonable time off for the purpose of voting when the employee does not have a reasonable amount of time to vote before or after work, or who, after allowing the time off, deducts the time from the compensation of, the employee. :,.($) Seing an election official while the polls are open, opens any ballot received from a voter at an election, or marks a ballot by folding or otherwise so as to be able to recognize it, or otherwise attempts to learn how any voter marked his ballot, or allows the same to be done by any other person. 19) Writes, produces, or assists in writing or producing any published letter, circular, poster, bill, 6 publication, or placard, knowing that it contains any false statement or false charge reflecting on the character, morality, or integrity of any candidate at any election. (10) Votes or attempts to vote in the name of another person or in any name other than his own. (11) By force, threat, intimidation, or offer of reward, induces or attempts to induce any election official to fail in his duty. (12) Wilfully changes or causes to be changed any official election documents, including ballots, tallies, and returns, or attempts to do the same. (13) Wilfully delays or causes to be delayed the election returns, or attempts to do so. (14) Wilfully votes or attempts to vote more than once at the same election. (15) Signs any name other than his own to a petition proposing an initiative, referendum, or recall, or knowingly signs his name more than once for the same proposition or question at one election, or signs the petition knowing that he is not a qualified voter. (16) Having been contracted or employed by the City to print or reproduce in any manner any official ballot, wilfully appropriates to himself, or gives or delivers to, or knowingly permits to be taken by anyone other than a person authorized by the City.Clerk, any official ballots, or knowingly prints, reproduces, or causes to be printed or reproduced any official ballots in any other form or with any other content than that prescribed by the Charter, ordinance, or as directed by the City Clerk. (17) Wilfully makes a false affidavit or swears falsely under any oath required in connection with any election or registration for voting or falsely affirms in lieu of so swearing. (is) Wilfully fails to perform any election duty or knowingly does any unauthorized act with the intent to affect the election or its results. (19) Wilfully permits, makes, or attempts to make any false count or report of the election returns. (20) Being an election official, wilfully conceals, withholds,, wrongfully -changes, mutilates, or destroys the election returns, or attempts to do no. (b) any person, firm, or corporation who is guilty of a misdemeanor as defined hersinabove shall be punished upon conviction thereof IBY A FINE OF NOT MORE THAN $300 OR BY IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT IN THE DISCRETION OF THE MAGISTRATE] as �rovlAeB for misdemeanors in KMC 13.0.5AMO- 7 Section 13• 8.10.120 Penalties.: (a) Any person, firm, or corporation who shall violate any of the provisions of the Fire Prevention Code hereby adopted or of this chapter, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction within the time fixed therein shall severally for each and every such violation and noncompliance respectively be guilty of a (MISDEMEANOR) violation, punishable [AY A FINE OF NOT TO EXCEED $1001 ae provided Eor violations in KMC 13.05.010. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. (b) In addition to, or as an alternative to the criminal penalty aforementioned, or the penalties and compliance provisions of the Uniform Codes adopted by this chapter, any person violating any provisions of this chapter, the uniform codes that it adopts, or any written order of the Fire Chief or his designee based on the above, to correct a fire hazard, shall be subject to a civil penalty [OF NOT MORE THAN $1001 in_an amount as provided bX KMC 13.05.010.. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter or the uniform codes that it adopts in order to abate a fire hazard. (c) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. section 14: 9.10.110 Penalty: Any person, firm, or corporation who shall create or maintain a nuisance as defined in this chapter, or who shall violate any provision of this chapter, shall upon conviction be punished [BY A FINE OF NOT MORE THAN $1001 as provided,_for­Viol ations•.in. RMC,..13..OS.010. 8 L C IRMA Section 15: {. v v a .... p E f p a C a h 11.20.780 Penalties: (a) it is unlawful for any person to iolate any of the provisions of this chapter and upon conviction hereof shall be fined [IN AN AMOUNT NOT EXCEEDING $1001 na rovidedor violations i_n�MC 13.03.00. Each day such iolation is committed or permitted to continue shall constitute separate offense and shall be punishable as such hereunder. (b) in addition to or as an alternative to the above enalty provision, the City may impose a civil penalty (NOT TO XCEED $1001 i_an_amou.,: as_provided by KMC 13�O L, per Bay or the violation of any provision of this chapter and seek njunctive relief for any infraction thereof for which the (fending party will be charged for reasonable attorney's fees nd costs incurred by the City as awarded by the Court. (c) Nothing in this section shall be deemed to restrict the ity's exercise of any of its rights pursuant to the lease greement including those enumerated in Section 220 and 240 ereof. . j Section 16: t 12.15.100nalty,--for.Vioi Lions Any person who shall violate any of the provisions of this chapter shall, on EACH conviction thereof, (BE FINED NOT MORE THAN $300 FOR OFFENSE, OR BE SENTENCED TO IMPRISONMENT IN THE MUNICIPAL JAIL #, — FOR NOT TO EXCEED THIRTY 130) DAYS, OR BOTH,] be_2unighed_as _..:... Qrovided for misdemeanors in KMC, 13 :05.010 and each defy a violation exists shall be considered a separate offense. - - y Section 17_: 12.20.060 Pepeity: Any person, firm, or corporation who -, shall create, maintain, aid, or abet in creating a public nuisance as defined in this chapter, or who shall otherwise violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby, or declared to•an offense or misdemeanor thereby, or who shall fail to do any act when such . provision declares such failure to be unlawful or to be an �.. offense or misdemeanor shall be guilty of a misdemeanors and upon conviction thereof, shall be punished (BY A FINE NOT EXCEEDING : :E. $300, OR BY IMPRISONMENT FOR NOT MORE THAN 30 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE MAGISTRATE) OP -provided for misdemeanors in KMC iA-5.010. 9 Section IA: 12.25.090 Penalty: A person who violates KMC 12.25.020 or 030 of this chapter, upon conviction, is punishable by a fine (OF NOT LESS THAN $25 NOR MORE THAN $1001 as provides for violations, inKMC 13.05.010. Section 19: 12.30.060 Peaaltiae..and Re�ne�iiess (a) In addition to any other remedy or penalty provided by this chapter, or available at law or in equity, a person who violates a provision of this chapter shall be subject to a civil penalty (OF NOT -MORE THAN $1,000.001 inan amount as_provided in KWIC 13 05_.010 for each offense,_ or injunctive relief b restrain the person from continuing the violation or threat of the violation, or both such civil penalty and injunctive relief. Upon application by the City for injunctive relief, and a finding that a person is violating or threatening to violate a provision of this chapter, the Superior Court shall grant injunctive relief to restrain the violation. (b) Each day during which a violation described in this section occurs shall constitute a separate offense. Section 20: 13.05.010 (PENALTY]: Penalties: (a) Any person, firm, or corporation who shall violate anyrovision of (THIS TITLE] the Kenai Municipal C.9de by doing any act prohibited or declared to be unlawful thereby or declared to be an offense, or who shall fail to do any act required by such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense upon conviction of any provision of (THIS TITLES the Kenai Municipal Code shall be punished (BY A FINE NOT EXCEEDING $1001 ae ioliomss_ Misdemeanors_ -_ up 00.00 ,iAe and or thirty _ 301 daY.B. in 3ai.l,._ 2._ Attempt to_ Commit, a _i�isc�emeanor upto a $250, 00 fine and/or fifteen (10 days Violations - Up,_to a__M!P00.00 finer, 4. attempt to Commit a Violation - Up to a_$250.00 fine_, .�,br, Civil. _penalties ,aa__provi8ed , for,. in ,the i�enai Municipal Code shall—be..assessed in an amount not to exceed--$i_�000.00. 10 L_ C .. ;`�, Sectionals i 9DEM6J►NOR ]_ s .111) Every 13.05.020 Attempts .[TO COMMZT_,.�, t��, person who attempts to commit a misdemeanor, and in such attempt does any act toward the commission of such misdemeanor, but fails or is prevented or intercepted in the perpetration thereof, is guilty of as attempted misdemeanor and shall be punished in the manner prescribed inn aC_t3.05.0i0 for LTNE] attempted -' -A------..� a rmam•-Q� ..t F, ¢cotton 2,�: 13.40.080 RPMI-t .: a violation of any provision of this =� chapter shall be punishable by a fine lop NOT MORE THAN THR88 r, HUNDR80 DOLLARS ($300.00)] ae provic9ed for violations in RMC 13.05.010. N Section 21: 14.20.260 main strat-4onities: (a) The City Manager of the City of Kenai is hereby named as the administrative official for the purpose of administering A and enforcing the provisions of this chapter. (b) If the administrative official finds that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating i the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal uses of " { land, building, or.structurest removal of illegal buildings, or structurea.or.of.sdditiona, alterations, or structural changes thereto; diecsontinuance-02 any illegal work being done's or shall R- take any other action authorized by this chapter to insure compliance with or to prevent violations of its provisions. (a) No permit for the erection, alteration, moving, or repair of any building or other structure shall be issued until an application has been made for a certificate of zoning W. compliance, and the certificate has been issued by the administrative official in conformity with the provisions of this !== chapter. The administrative official shall maintain a record of E t.. 3 f' r � all certificates of zoning compliance and copies shall be furnished upon request to any person. Failure to obtain a certificate of zoning compliance shall be a violation of this chapter and shall be punishable as provided in this section. All applications for certificates of zoning compliance shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions and shape of the lot to be built upon; the exact sizes and location, and dimensions of the proposed building or alteration. The application shall include such other information as lawfully may be required by the administrative official, including existing or proposed buildings or alterations, existing or proposed uses of the building and land; the number of family housekeeping units, or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this chapter. The administrative official shall render his decision within thirty (30) days of the filing of the application for a certificate of zoning compliance. however, this time limit may be extended by common consent and agreement signed by both the applicant and the administrative official. One copy of said plans shall be returned to the applicant by the administrative official, after he shall have either attached a certificate of zoning compliance or marked the plans as disapproved and attested to the same by his signature on such copy. The second copy of the plans, similarly marked, shall be retained by the administrative official. (d) Complaints Regarding Violations. Any person may file a complaint regarding an alleged violation thereto. All such complaints shall be brought to the attention of the administrative official who should record such complaint and immediately investigate and report thereon to the Commission and take any action required by this section. (e) Penalties for Violations. For any and every violation of the provisions of this chapter, the owner, agent, or contractor of a building or premise Where such violations have been committed or shall exist, or any other person who maintains any building or premises in which any.violation exists, shall be subject to a civil penalty [OF NOT MORE -THAN $1001 in en amount as �prov ded_in-_KMC-13_.0'5 010., Each and every day that such violation continues shall be deemed a separate and distinct violation. All remedies provided for herein shall be cumulative and not exclusive. The issuance or granting of a building permit or approval of plans or specifications under the authority of the building -code without a certificate of zoning compliance shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or any 12 L IN a ■ Y ZJ r r` 0 amendment hereto. No permit presuming to give authority to violate or cancel any of the provisions of this chapter shall be valid except insofar as the work or use which is authorized is lawful and permitted. �ection.aq: 14.25.090 Penalties: Penalties for non-compliance with this chapter shall be as set forth by KMC (14-20.1601 14.20.a60. Section 25: 17.30.050 Penalty-81e impositions Any person, firm, or corporation violating any provision of this chapter shall be subject to a fine in an amount (NOT TO EXCEED $5001 an�proviad for violations in KMC 13.05.010. Each discharge or dumping shall constitute a separate violation. Section 26: 17.30.060 Clv_ii Penaitx: (a) In addition to, or as an alternative to the penalty aforementioned, any person violating any provisions of this chapter shall be subject to a civil penalty (OF NOT MORE THAN $1,0001 as Rrovided in KMC 13,05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. (b) The City shall seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. feetion 27: 18.05.020 Pena,Jty,•: Any, owner or occupant who shall fail, refuse, or neglect to trim -trees and shrubbery, as -provided in the above section, after receiving at least five (5) day's notice from the City Administrator to do no, shall be guilty of a [MISDEMEANOR] violation andeubject to punishment as Arovided fox violations inn KMC_,13.05.0t0,. Every -day that said owner or occupant shall fail, refuse, or neglect to trim said trees or shrubbery after the expiration of such notice shall be a separate offense. 13 L J 1 ¢Action 28: 18.05.110 Penalty: Any person, firm, or corporation who shall violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby, or declared to be an offense or misdemeanor thereby, who shall fail to do any act required by any such provision, or who shall fail to do any act when such provision declares such failure to be unlawful or to be an offense or misdemeanor shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished (BY A FINE NOT EXCEEDING $300 OR BY IMPRISONMENT NOT EXCEEDING 30 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT AT THE DISCRETION OF THE MAGISTRATE] as provided for misdemeanors in RMC 13.05,010. Each day upon which any such violation continues shall constitute a separate misdemeanor. Section 29: 18.25.140 enalty: In addition to the penalty of revocation described above in KMC 18.20.070, any person or legal entity who shall violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby or who shall fail to do any act when such provision declared such failure to be unlawful, shall be guilty of a (MISDEMEANOR] violation; and upon conviction thereof, shall be punished by a fine (NOT TO EXCEED $1001 as provided for violations in_KMC 13.05.020. Each day upon which any such violation continues shall constitute a separate infraction. in addition to, or as an alternative to the penalty aforementioned, any person or legal entity violating any provision of this chapter,- shall be subject to a civil penalty (OF NOT MORE THAN $100] as provided in KMC 13.05.010. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this chapter. Sect*9 30: 18.35.030 Penalties: Any person or other entity who shall violate any provision of this chapter, by doing any act prohibited or declared to be unlawful thereby or who shall fail to do any act when such provision declared such failure to be 14 0 It unlawful shall be guilty of a (MISDEMEANOR) violation; and upon conviction thereof, ohall be punished [BY A PINB NOT EXCEEDING $1001 ae provided_�for violat:ione- in KMC_-13.05..010. Each day upon Which any such violation continues shall constitute a separate misdemeanor. Bectiga 31: 20.05.110 penalty: Any person violating any provisions of this chapter shall be guilty of a [MISDEMEANOR) violation and shall upon conviction -thereof be punished [BY A LINE OF NOT MORE THAN $300.001 as provided for violations i_ n .0 13.05.010. Section ��s 21.05.050 Penalties: [SHALL BE PURSUANT TO KMC 18.25.0901 -----_� �_a a__. 7 a. . f _ _ 1 1 ,i + i ( , 4r Suggested by: Administration City of Kenai j' ORDINANCR NO. 1241-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $161,500 IN A NEW CAPITAL ' PROJECT FUND FOR PLANNING AND DESIGN OF A CONGREGATE HOUSING FACILITY. M1 WHEREAS, the State of Alaska has awarded the City a grant in the amount of $161,500 for planning and design of a congregate housing facility. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: - -_ =- COMMate Nousina Capital Pro ec�'uid Increase Estimated Revenues: -._ State Grant $161,SOO Increase Appropriations: Administration 81500 Site Investigation 14,000 Reiabursables, Action Plan, Final Report 25,100 Schematic Design & Development 83,400 i' Site Survey & Soils Testing 12,000 Financial Model 8,500 Contingency 10.000 Total $161,500 i; f PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. JOHN J. WILLIAMS, MAYOR ' ATTEST: r, Janet Whelan, City Clerk First Reading: November 18, 1987 :. . ,...:.=.- .--------- - -- ---�_ Second Reading: December- 2-.- 1987- Effective Date: December 2, 1987 Approved by Finance: C'9lJ (11/13/87) 1,. R al Suggested by: Council --1 P. City of Kenai ORDINQ= NO. 1242-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTINATED REVENUES AND APPROPRIATIONS By $261,500 IN A NEW CAPITAL PROJECT FUND FOR DESIGN OF SIX PROPOSED 1988 ROAD PROJECTS. WHEREAS, the City of Kenai desires to design the first six road projects on the 1988-69 Capital Improvement List, and MUHMAS, proposed design costs are as follows: Enclineerina Admin. Contingency Total VIP Subdivision 62,000 2,000 6,500 $ 70,500 22,000 Trading Bay 18,000 24,000 2,000 2,000 2,000 2,600 28,600 Swires Old Town 60,000 3,500 6,500 70,000 Linwood, Candlelight, Kaknu, Lawton, Baker, Kiang 40,000 2,000 4.,200 46,200 E. Aliak & Highbush 20,000 2,000 2 200 24 200 Total $224,000 13,500 24,000 $261,500 j WHEREAS, grant monies are available from prior projects that have been completed at less than budget, as well as previously unappropriated 3 2986 road grant funds. } NOW, THEREFORE, BE IT ORDAINED By THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as ; follows: 1988 Road Projects �t Increase Estimated Revenues: 1983 Road Grant 02 $9,860.00 1985 Road Grant 142,463.38 1986 Road Grant 109_ 176.62 $261,500.00 l Increase Appropriations: Administration $ 13,500.00 Engineering 224,000.00 Contingency 24, 0� 00�_00 -$261,500.00 _ f t ; F l PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. ATTEST: Janet Whelan, City Clerk Approved by Finance: (11/13/87) JOHN J. WILLIAMS, MAYOR First Reading: November 18, 1987 Second Reading: December 2, 1987 Effective Date: December 2, 1987 Suggested by: Administration City of Kenai ORDINANCE NO. 1243-87 I AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,738 IN THE GENERAL FUND FOR i REPAIR OF A POLICE VEHICLE. vehicle has been involved in an accident and repairs ._REgB,_ . ,police are estimated to cost $3,738, and WHEREAS, the City does not carry collision insurance on its vehicles, and WHEREAS, the City maintains a self-insurance reserve for such purposes. r NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, }' ALASKA that estimated revenues and appropriations be increased as follows: r. r, (' General Fund Increase Estimated Revenues: Self Insurance Appropriations of y; Reserve $3,738 Increase Appropriations: Shop - Repair & Maintenance $3,738 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. ;1 JOHN J. WILLIAMS, MAYOR ATTEST: f: �. Janet Whelan, City Clerk !.. First Reading: November 18, 1987 ` Second Reading: December 2, 1987 --Effective Date:- December 2, 1987 - Approved by Finance: C9Q (11/13/87 ) r. M m Suggested by: Administration CITY OF KENAI RESOLUTION NO. 87-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF RENAL, ALASKA, ACCEPTING A DEED OF RELEASE FROM THE FEDERAL AVIATION ADMINISTRATION FOR THAT PORTION OF AIRPORT LANDS KNOWN AS LOTS 3-6, BLOCK 2, FBO SUBDIVISION. 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 contained in that certain Quitclaim Deed dated December 1, 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 long-term lease of the property exclusively for ? the development, improvement, operation or maintenance of 3 the Kenai Municipal Airport, and 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 to the sale or lease of this property in accordance with the procedures established by ;.Kenai Municipal Code Title 22. NOW, THEREFORE, BE IT RESULVED.BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: ' Section is The City Manager is hereby authorized to -- - sign the Deed of Release accepting from the Federal Aviation i- Administration that property known as Lots 3-6, Block 2, FBO Subdivision. 0 !s I 1 1 i'. Section: The City of Kenai Will devote the proceeds from the sale or long-term lease of said land for the development, improvement, operation or maintenance of the Kenai Municipal Airport in accordance with Kenai Municipal Code 7.30.030. PASSED BY THE COUNCIL OF THE CITY OF KEMAI, ALASKA, this and day of December, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: i Janet Whelan, City Clerk ' a L 1 i Section 2: The City of Kenai Will devote the proceeds i from the sale or long-term lease Of said land for the development, improvement, operation or maintenance of the Kenai Municipal Airport in accordance with Kenai Municipal Code 7.30.030. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. — - -- - - JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk �L r L VA 44 10 f ;'i�;��; a II L2ii .14 ol. CITY OF SOLDOTNA RESOLUTION 87-37 (Introduced by Afitchel Robinson) A RESOLUTION REQUESTING THE KENAI PENINSULA BOARD OF EDUCATION i AND BOROUGH ASSEMBLY TO POSTPONE THE OPENING OF THE NEW SKYVIEW AND NIKISKI SCHOOLS 1 WHEREAS, the voters of the Kenai Peninsula Borough approved bonded indebtedness for new schools south of Soldotna and in Nikiski in October of j 198E based upon projected school enrollments which have not materialized; and, WHEREAS, the Board of Education of the Kenai Peninsula School District has held hearings and requested public comment regarding whether or not these new schools should be opened; and, ! WHEREAS, representatives of the School District have presented information f substantiating an increase of over $1 million, which would payable by Kenai Peninsula Borough taxpayers in the next fiscal year, if the two new schools are opened as compared to the cost of maintenance and security on the two buildings if the openings are postponed; and, �i WHEREAS, during the School Board hearings, residents have expessed i; serious concerns regarding the increased probability of developmental, social and emotional friction if the School Board follows through with current plans to mix 7th through 12th graders in the same school facility; r and, ' WHEREAS, other concerns were expressed at the hearings that the quality c a!' t1A�! curriculum and . extracurricular programs will. suffer at existing +olda:na t rhoa13 if decisions, are made to open the, ne�A► 3cksools; - and, WHEREAS, Alaska Department of Education officials gave public testimony at r.. r a Borough Assembly meeting held December 1, 1987 that the Borough will continue to receive bonded debt reimbursement from the State for the school construction expenses regardless of whether the two schools are opened on schedule or if the openings are delayed; and, WHEREAS, the City Council finds that, due to the present scare Oil zre --economy, most- of- SoldotnWs taxpayers_ can not afford the ad_ ditional local property tax levies which would be required to open the: now -schools; - - - now, therefore, BE IT RESOLVED BY THE COUNCIL OP THE CITY OF SOLDOTNA AS FOLLOWS: P Resolution 97-37 City of Soldotna Stet. The Kenai Peninsula Board of Education and the Borough Assembly are hereby petitioned to postpone the opening of the new 8kyview and Nikiski schools for at least one year. SectSection 2. The School Board is further petitioned to consider other alternative ways to utilize the Skyview School to avoid mixing 7th through lath graders in the same building when enrollments justify the opening of the facility. Section _3. The Clerk is authorized and directed_ to _ send a copy of this Resolution to each member of the Board of Education of the Kenai Peninsula - - School District, each member of the Assembly of the Kenai Peninsula Borough, the Superintendent of the School District and the Mayor of the Borough. 1 r ADOPTED this - day of December, 1997. Mayor L 0 Suggested by: Mayor Williams CITY OF KENAI RESOLUTION 87-72 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROFESSING NON-SUPPORT OF OPENING OF NIKISKI HIGH SCHOOL AND SKYVIEW HIGH SCHOOL IN SOLDOTNA WRERE As, Kenai Central High School is not operating at 800 level capacity, and WHEREAS, Soldotna High School is operating at 800 level capacity but has additional space of nine portable classrooms, and - WHEREAS, the true understanding of formula funding and - municipal revenue sharing is not yet clearly understood by the communities, and WHEREAS, the cost of operating both high schools will be $1.4 Million additional to the taxpayers of the Kenai Peninsula Borough including the cities of Kenai and - Soldotna. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF " -- KENAI, ALASKA, that a one year moratorium be placed on the thereby allowing the municipalities opening of these schools and Kenai Borough government officials and Kenai Borough y Board of Education time to further study the economical ,. ramifications of the opening of these schools. " PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of.December, 1987. Janet Whelan, city Clerk JOHN J. WILLIAMS, MAYOR IN "'I I I?7 CITY 4F KENAI 40d eala" 4 4" 210 FIDALOO KENAI, ALASKA "Gil TEMMONEQW •MB is /J ' laz�" Iment projects Priority List neither Administration nor I are clear :entions are regarding requests for ,ojects. Therefore I respectfully consideration the following list: )us list in its entirety. lty center, add the port facility and ty. 1 center, recreation facility and port ` Y center only. !{ r and let us discuss these matters at session. it is necessary that we come soon.as we .need to direct , in printing of the bzochure and I nead ff to develop the narrative. I [Up 1 C r J F f7) 10 •dtt7fea 71�+� �t�.tx fit%: aIf � :..1 _'�: �.r . ^�. ' � _^T: sue. � 1•�' � �".i. • , ��li {eb 1�,.• y L - f Suggested by Mayor Williams CITY OF KENAI RESOLUTION 87-73 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING AND ADOPTING THE 1988-89 CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST. WHEREAS, Resolution 67-64, passed by the Council on Oct. 27, 1987 adopted the Capital Improvement Project Priority List for request for State grants, and WHEREAS, after work sessions and discussions with the Legislative delegation, the Council has reviewed the Capital Improvement Project Priority List and agreed to amend the list. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai adopt the attached 1988-89 Capital improvement Project Priority List, request for State grants. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. ATTEST: Janet Whelan, City Clerk 4� i t JOHN J. WILLIAMS, MAYOR f 7 401 L L —�>' Suggested by Mayor Williams CITY OF KENAI RESOLUTION 87-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING 1986-89 CAPITAL IMPROVEMENT PROJECT PRIORITY LIST - DELETE COMMUNITY CENTER WHEREAS, Resolution 87-64, passed by the Council on Oct. 27, 1987 adopted the Capital Improvement Project Priority List and included four General Projects, and WHEREAS, after work sessions and discussions with the Legislative delegation, the Council has agreed to delete the following: Bicentennial Project Community Center $4,000,000 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai adopt the 1968-89 Capital Improvement Project Priority List as amended. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. i i ' 7 I JOHN J. WILLIAMS, MAYOR ATTEST: j Janet Whelan, city Clerk �Ij 1 :5 C - 1, Suggested by Mayor Williams CITY OF KENAI RESOLUTION 87-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE 1988-89 CAPITAL IMPROVEMENT PRIORITY LIST - ADD PORT FACILITY, RECREATION FACILITY, COMMUNITY CENTER WHEREAS, Resolution 87-64, passed by the Council on Oct. 27, 1987 adopted the Capital improvement Project Priority List, and WHEREAS, after work sessions and discussion with the Legislative delegation, the Council has agreed to submit to the Legislature the Capital Improvement Projects Priority List as originally adopted under Resolution 87-64. This would include under General Projects the Bicentennial Project, Recreation Facility Development and Enlarging of the Harbor Facility. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai adopt the 1988-89 Capital Improvement Projects Priority List as originally proposed under Resolution 87-64. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. ATTEST: JOHN J. WILLIAMS, MAYOR L y b Suggested by Mayor Williams 1 ,. CITY OF KENAI RESOLUTION 87-76 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING 1988-89 CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST - DELETE RECREATIONAL FACILITY AND HARBOR FACILITY } WHEREAS, Resolution 87-64, passed by the Council on Oct. 27, ' 1987 adopted the Capital Improvement Projects Priority List j and included four General Projects, and WHEREAS, after work sessions and discussion with the - Legislative delegation, the Council has agreed to delete the followings Recreational Facility Development $500,000 Little League $175,000 R/V Park 200,000 j Softball Fields (Parking,etc) 125,000 Enlarge the Kenai Harbor Facility $1,250,000 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF , KENAI, ALASKA, that the City of Kenai adapt the 1988-89 Capital Improvement Projects Priority List as amended. .- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of December, 1987. {' L i -- I 7�7- is Suggoutod by: Council CITY OF KENAI RESOLUTION NO. 87-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE CITY OF KENAI, ALASKA 1988-89 CAPITAL IMPROVEMENT PROJECT (CIP) PRIORITY LIST FOR REQUEST FOR STATE GRANTS. WHEREAS, input for the 19e8-89 CIP list from the Kenai City Council, City Administration, and the citizens for the City of Kenai, has resulted in the following prioritized CIP list being requested of the State of Alaska, and WHEREAS, it is the intent of the Council that paving projects in residential areas will be partially funded by forming assessment districts in order to make any available State funding go farther toward completion of the priority list, and WHEREAS, the following public meetings were held, Meetings open to the Public 10/22/87 10/26/87 10/27/87 WHEREAS, the Council of the City of Kenai, after receiving and analyzing the input from all sources and after much discussion and deliberation, has decided to adopt the attached 1968-89 CIP List, and WHEREAS, the Mayor and the Council of the City of Kenai pledge their affirmative vote for the maintenance and operational costs of all the City projects listed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai adopt the attached list entitled, "City of Kenai, Alaska, 1988-89 Capital Improvement Projects Request for State Grants". I AND BE IT FURTHER RESOLVED that prior to initiating paving projects in residential areas through the use of State funds the City shall hold public hearings towards the formation of special assessment districts to partially fund projects listed under the Capital Improvements Project priority list. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 27th day of October, 1987. Jo �iarr ATTEST: J et Whelan, City Clerk IN E r•,,,\ CITY OF KENAI Ord caul 4, 210 FIDALOO KENAI, ALANA N011 TILEPNONE 281. 7635 Y CITY OF RENAL i988 - 89 CAPITAL IMPROVEMENT PROJECT REQUESTS FOR STATE GRANTS ROAD PROJECTS The following road projects ($3,355,000) are the City of Rensi's top priorities and we are asking the Governor to include them in the Governor's Capital Improvement Budget. 1. VIP Subdivision - VIP/Lora Drive/Watergate/ Retch St. - Loop (Strip Paving) $1,000,000 3. Trading Bay (Drainage - Curbs & Gutters) f 250,000 3. Swires - Spur to School (Strip paving) and School to Lawton (loop)(gravel) 330,000 i 4. 0ld Town - Upland, Highland, and Cook (Paving & includes some water and sewer) 550,000 S. Linwood, Candlelight, Raknu, Lawton, Baker, Riana (Paving) 850,000 I ..6.. East Aliak and Highbush (Paving) 375,000 `F The following road -projects -are a..continuution do ,tha City of Kenai's top priorities and we are asking this Alaska State � Legislature to not only support the above requests but also the 7 projects listed below. 7. Riana, Colonial, Steelhead & Rulilia (Gravel & 450,000 ! r ' includes some water and sewer) 8. 1st, and and 3rd (zest of Forest) (Gravel) 300,000 9. N. Spruce, Second, and Third (Paving and t. ciudem Dome Water and sewer) 900;000 - ` - ---- - - - -10: HEM •- Hailer, Evergreen. McKinley-, N. Gill, -Znd. - -- 1,100,000 -- 3rd, and 4th (Paving) -1- � I„ if i r, HEALTH AND SAFETY PROJECTS The following projects are to be considered of health and safety importances 1. Street Lights $ 100,000 2. Fire Truck 240,000 1. Traffic Signal - Spur & Airport Way 2. Traffic Signal - Spur & Forest Dr. 3, Traffic Signal - Spur & Main St.. 4. Wildwood (Spur to State Prison) - Paving & Waterline I GENERAL PROJECTS Data Bank, Economic Development Committee $ 50,000 2. Bicentennial Project 41000,000 3. Recreation Facility Development 500,000 " Little League $175,000 R/V Park 200,000 �t softball Fields (parking, etc.) 125,000 i r 4. Enlarge - the Kenai Harbor Facility $1, 250, 000' L Suggested by: City Council CITY OF KENAI RESOLUTION NO. 87-70 - - A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THAT THE US ARMY CORPS OF ENGINEERS CONDUCT STUDIES TO DETERMINE THE - - - = FEASIBILITY OF DEVELOPING A SMALL SHORE EROSION CONTROL PROJECT ALONG THE KENAI RIVER UNDER THE AUTHORITY PROVIDED By SECTION 103 OF THE 1962 RIVERS AND HARBORS ACT AS AMENDED. WHEREAS, the Council of the City of Kenai has stated that there is a ,i serious erosion problem along the Kenai River, and ?f WHEREAS, the Council of the City of Kenai agrees to the following: 1. Contribute in cash the local share of project planning and - construction cost. (The non -Federal share is 35 percent for storm °x damage reduction projects to protect public facilities; protection of (� privately owned property is 100 percent non -Federal.) 2. Provide without coat to the United States all necessary lands, easements, rights -of -way, and relocations required for construction of the project, including that required for periodic nourishment. 3. Hold and save the United States free from claims for damages which may result from construction and subsequent maintenance of the project, except damages due to the fault or negligence of the United States or its contractors. ' 4. Assure continued conditions of public ownership and use of the s shore upon which the amount of Federal participation is based during the economic_ life of the project. R S. Assure maintenance and repair, and local share of periodic beach ,1 " nourishment where applicable, during the useful life of the works as '- - required to serve the project's intended purpose. �.." 6. Provide and maintain necessary access roads, parking areas, and other public use facilities open and available to all on equal terms. .. ,(, and, { t A h a WHEREAS, the Council of the City of Kenai understand that, if it is found feasible and advisable to develop a small shore erosion control project along the Kenai River, the City Council would be required ractual agreement willnprovideosuccommences local cooperationnas may beto a rprescribed by the Secretary of the Army, and WHEREAS, the City Clerk of the City Council shall be, and is hereby, directed to transmit three copies of Corps resolution f lution to the District Engineer, Alaska District, U.S. Army NOW THEREFORE BE IT RESOLVED By THE COUNCIL OF THE CITY OF KENAI, KA, that the Council of the City of Kenai is hereby requesting that the U.S. Army Corps of Engineers conduct studies to determine the feasibility of developing and small shore erosioncontrolion 103 rofect along the Kenai River under the authority provided by 1962 rs & Harbors•Act as amended. ED By THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of ember, 1987. JOHN J. WILLIAM NAYOR A'�TEST : jai et Whelan, City Clerk a CITY OF KENAI tod eap4w 4 4" 210 FIDMO KENAI. ALAiKA Nit, TEMNONEM-75" TO: KENAI ADVISORY HARBOR COMMISSION FROM: • KEITH KORNELIS, DIRECTOR OF PUBLIC WORKS DATE: NOVEMBER 23, 1987 SUBJECT: FEDERAL GRANT FUNDS Attached is an article entitled "Senate Panel OKs Grants for ' Projects" which states that "The Senate Appropriations Committee has approved 23.7 million dollars in federal money for design, construction, operation and maintenance of Alaska water projects, Senator Ted Stevens says". One of the projects listed is 1 million dollars for a study of improvements in river navigation and harbors in Southcentral Alaska. I have contacted Carl Borash of the Planning Division of h fud Mr Boraah stated s the Corps of Engineers concerning t wee a s. that these funds were for a state-wide water resource study ?I concerning the needs throughout the state. The study will include evaluations of the state's mineral export and future f planning for coastal oil and gas transportation. The study will also concentrate on the western coast cargo ports such as Nome and Dillingham. The study will also evaluate the harbors throughout Southcentral Alaska. - I explained to Mt. Boras.i . 'L•hat ,'the City : of •- Kenai does now have a I l harbor of sorts. Even though our boats are moored out in the r t't river we do have a public dock and the many amenities that most harbors have. '_:.. I discussed with Mr. Borash the U.S. Corps of Engineers, Section 103 - Small Coastal Erosion Control Projects, and the resolution that will be presented to the Council at their next meeting of December 2, 1987. Mr. Barash was quick to point out that the Corps of Engineers would consider doing a reconnaissance study -., which would merely determine if it is economically feasible based on the Federate criteria. During --ther -reconnaissance - study they - - would basically determine if this is a responsible project. L. W ,i Alter the reconnaissance study is completed, the next step would P include a 50/50 cost sharing basis for a definite project study including a more definitive feasibility study, and different alternative plans plus an environmental assessment study. The City of Kenai would therefore have to pay for half of this phase of the project. Mr. Borash also pointed out that the shoreline to be protected must be publicly owned land. Based on what I've read concerning the Section 103 Small Coastal Erosion Projects ;ems and my discussion with Mr. Borash, I feel that our project is I_ not applicable to these grant funds. I have however, submitted a resolution, as directed by City Council, requesting the Corps of Engineers reconnaissance study. KK/kh DEPT\HARBOR\FGRANT.MEMO L US army corps SECTION 103 of Englneers Alaska Districts - _ SMALL COASTAL EROSION CONTROL PROJECTS 1� WHAT CAN TNE.CORPS DO? Section 103 of the 1962 Rivers and Harbors Act establishes authority for the Corps to construct small beach and shore �rotectlon projects. A project is adoated only after detailed investigation pd studv clearly showits engineering reasiDility-and economic ,Justification, _ To aualify for this program, the shoreline to be protected must be publicly own e or use va a an ma ua owever a ro ec s o ro ect near public ac es. e o ec s o ,re ain or";. r < •:' »res ore ex s ng an . no o create new land. Each project must be complete :: ti •. r: ' '.: �. within itself. The erosion st be the result of wind -driven waves and/or mu „ocean tidal action. not.—streamflow. • The total Federal expenditure for each Section 103 project is limited to �� �p/L $2 million, which includes both planning and construction costs. Any\ additional costs must be paid by the local sponsor. Costs of lands, + easements, and operation and maintenance of the project must be non -Federal. da The Corps studies potential projects in twophases: reconnaissance at. S�QIg{31 i e era expense, andefinite ro ect s u a o which a oca so must pay. ine reconnaissance determines whether more detailed study is tTile y to develop a feasible project. In this phase, which usually takes dd about 8 months, the resource problem is defined. Potential solutions are ��0• �� identified and their feasibility assessed. The study includes a preliminary S analysis of the Federal interest, costs, benefits, and environmental impacts Of pp of the proposed project, and estimates the cost of preparing a Definite ., Project Report. Before the definite project phase of study can begin, a i signed cost -sharing agreement with the local sponsor•is required. This ! study, which -usually takes 9 to 18 months, results in a Definite Project I� Report. i �IIiAT ARE THE LOCAL RESPONSIBILITIES.? Formal assurance of local cooperation must be furnished by a State or local agency (for example, an incorporated city) with the legal and financial authority under State law to act as local o sponsor. Typically, the sponsor must agree to the following: <l 04 project . Contribute in cash the local share of ro Tannin and c t' construction cost. a non- a era she s ercen or s orm ama e , -- - 1 Q �bJ� educt on ro eels o ro Octpublic ac es; -Pro ec ono pr va e y �_ ---- _ - ---- - -- .. _....---------- _-`--- P �o owned property is 100 percent non- a era . t 1. Y - �- 2. Provide without cost to the United States all necessary lands, easements, rights -of -way, and relocations required for construction of the .0 project, including that required for periodic nourishment. `�,�(►� ,� 3. Hold and save the United States free from claims for damages which �a Say result from constr ction and subsequent ma n enance o e project. except damages due tote fault or negligence of the United States or its l� contractors. 4. Alsure continued conditions of gublic ownershii and use of the shore upon which e amount ot,federalparticipation is based during the economic life of the project. 6. Assure maintenance and repair, and local share of periodic beach nourishment -were a ca a during the NMI life of the works as required to serve He pro ect s intended purpose. 6.. Provide and maintain necessary�yI access roads, parking areas, end„other VA. �!...� WlAw 'i.ww Qsw�1�4�s�. wftew iw.1 ava4lahln *A all AM AAI,AI _1AM'l114'I' 1� .,;{. •,1� NOW CAN A STUDY BE REOUESTEO? An investigation under Section, 103 may be :�.�;ItitihR!i.�': begun after we receive a formal request from the prospective sponsoring +j,'?:.;•: agency. An example of an acceptable resolution is given below.- This request r. and any further inquiries concerning•a small shore erosion control project should be made directly to: U.S. Army Engineer District, Alaska Plan Formulation Section NPAEN-PL-P Post Office Box 898 Anchorage, Alaska 99506-0898 SAMPLE RESOLUTION Be it resolved that the (City -Council, Village Coun4 1. etc.) requests 4 the U.S. Army Corps of Engineers to conduct studies to determine the feasibility of developing a small shore erosion control project at (oc t o) under the authority:provided by Section 103 of the 1962 Rivers and Harbor Actij iihs amended.. .. -10s; understood that, if it is found feasible and advisable to develop a small shore erosion control project at (location), the (City Council, etc• • would be required before construction commences to enter into a contractua agreement that it will provide such local cooperation as may be prescribed by the Secretary of the Army. ' The Clerk. Secretary, etc.) of the (City council. tc.) shall be, and is 1 hereby, directed to transmit three copies of this resolution to the District Engineer, Alaska District, U.S. Army Corps of Engineers. ------ _ ! -Signed ( ) r f •r 4.., • ,'��:'.c1'�-dui � �e, '�: �iiln..tYlLiiw., . .,a.:.hni'b.Yi'. ..l�f:•ki�yi.r•i._ e. • __..._,__ -- __, L -1 13 r, r F�a11i[;(DID OCTOBER 1987 I 4TH EDITIONjj fib-1 �"0-4 f 1 (._ unorthodox fubli- L — - estion of Alaska - STATE OF ALASKA OCT 2 1987 Ameociation of i Horboteaster'a and HARBORS A BOATING FACILITIES DIRECTORIES. 1;.; l+ ?6.AL fort Adetnistration• published by the Central Region (DOT & PF) G•la1Ni +t are now available upon request. Copies eubsit Counts tot will also be available at the Harbor- ?asy Halters caster's Conference in Hosier 03-06 November, ' 4350 Hover $pit PA •- 1981'. .. • �.•. .• • . :j' tlomare M 99603 I `;:! :'.itati'01 Alaska - A.D.O.T. 6 P.f::"•:ii�e..`•'�ciolo4'•",�''�» . ,�..... ,',:r•... !OT•335-3160 tir•w++ .• •. + •` ' -tiff ' Central Region - L. Kay Schmidt p0 196900, Anchorage. AK 99519-6900 FORT t arras Arm otrbwlue MUCK A lam go lBox Japanese fbMna podiatry officials The hear trap kW 00 Module island ardtipw hart oak wiI iUherfaa aLN{tmett ommeil to IIN Valdez becomes mein North PetiRt gM Ja ma Dos bias Trawled Ans. a = soft box d gateway for Slope modules wweid� tromm sttoe>ts eemantodaatt� and I�M { ,� with the "rent shipment of smither ��iianl module the Pan of Valdez ban treat" naiads. In "lime, UN astaWUon would help the lawn sal • pro- but Utility, new markets tot to Japtand, beennw esInMlW►rd as she principal rw aline poet Am term merhanleal units satdettU lard t s and direct aceew m•Arts• eMh f r'lt1w nYtd rMdU4ale m Wppert W M j anUnrd fw AlnsYai North Shop, all 1Mauocatlo Rids. • The wand'" arts"t noaUne M: dock. 7lnrromnnhe111nayard.AlaskansY•' Senate O Ks � nnl} FnrWpaTrade Sane. sprelallvmall• nM heavy tin leurYina "vivinki and panel Yelr�modelsnvepm.surnveh� tmm�Y. rt tha avn all•war aoterwy fro ` models Mippro. ants the grants for projects 1 The (OG.tnnitMBmelrleNmlydl meter - lisp module Is destined few the Alvesha PipAlaa Aervlea Co.'s faviliiv at pump i WASHINGTON (AP) -, The following ths199110 6. aaUea al. Thle module will be used to Senate Appropds1iIons Cons• • 13 million for eoltstwim ; sawwaildmatheRodleetiallfmmatkm mineehas approved ifl.7million and 800.000for enneedn and T Lag A lasledfinttal Valdezanhn Samoan "►►Iva! In Vnld.s an Aamenn Tug • In federal money for d0lin,call. deslgnofahsrborajSt.Paug. pNcdon. operation and maintr • 61A million for opemtim 11nrseCo. of ftitka. Alaska. It was trans. f►rnd to Uustronothtned and eatraded mince Of Alaska water m ec and maintenance at the Astehor• P I . te, highwav equlrgent at Fruntir► Trans• pnrUtice Ca. TI,.• tdah caparily rronn ten 1edSlevltaeaye eftan The Alef1-0 Republican teed reSIT !:.n: �m� •i.Wy �t tarn• TIt85ti7q (!Jr If, river i:: Nga::a11 only Rlnr Toommal an Slevrd"nae Co. at Voldn unloaded the (lie p�ael Oki tatm7rked OYPnient' hats for fiscal M''J I Lha An• and h2r`.nts in li:u+Y.ccoitfll . 1 _ elntr,lne meddle chorage harbor, Charm River Ataxia i Corppnnnpon. indussrinl run• Lakes, the Sneltidmm Ityd 0 1,000 w Optrallon attl 1►Hask andortntraiaa.AmpsstriaInrlh• _ •meal Jae th tie at .b ltt is rump -hum. ptolettnear Jumsu, Nomellta maintenam at the Nam• bar- bsrandotherpprrooJeep. bon. wash.1sNety.Itwasdesianrdsrilramid The committee•laoadded.at •$f16OW for operation Gird p heeruehodantheRtrhnrde,inanepnb•n Stevens. repuest•aeelber$3mu. malnlensnce of the Dillingham - - 111ahwavalornalh,rlla%-The #intomen. lhon to the adminlstriedws 6maRtmlb arbor. - aurarlfcetImp. Most wldeandl4" blab. budget for Construction o1A1111 • at2®•e00 for npero000 and hot at St. Paul, In the PHMlots. maintenance of the Homer tut- "Most of the funds will be bar• used for continued construction a 1148.000 for additional engl- 8oat stall policy changed a lm I Ilion and ; Spit eerroosioncond nsuNprolecLtee► t•o to be made available nor dredge a 114,000 for operotion and Stikine River •---.--------------------- - --_ _•rangeapaAOmrNsgws--dlsddaalsnWnatOetmngm members have voted to redt*&AnowownaNboats 1aii and design of "her water malntenetwe of ytolectsdlroughatt Ah•ka," snail t>roi B-ald In a state. d=40 led manner In WbA who aessela arm a"atevero Lau der a�fllR�nf but •laW Thelaborpr"loalyha prepstted IM committee elso voted to menl. a dm�sllMenanesmoiej�U&Ilion ' --5 --------.--- --- - -- whm117"O 11 --- - pmmuolonm at their operated"" •peep Ihit aYand Ihe harbamwter la --- -_--- -- f--- --.- -__..-------- --- The proltNa. Atuka Power Authority which Jtew/tmNWveldleUOew 6wAalatlttdettnrfrtxbaMNod•wtt • 111 million for eolWntetlon manages jtpjm•5�tcoml�M0me atthaBnetishamhydroprol�•tmgdro roeeltuves� stall etnwmMp. 7M• term in m� was submitted. 041 motrele ++rreseet can a a N million tot eotetntctloe said 1 and SM. 00 for attention and River 11 she an t"petl- ftallow. a 1%vess 1. Commisolookof •clad As a tempt all the poser uasalmately to thug• the dtasse, sues hided to bar policy nolmenance at Chetm approved Lakes in Falrbsift The ash tied Appropriation olupto/lmil- will be used to continue work an Ilan for dIedRRtrt� at St. Gawp the prolecb whleh wasdeveloped hart er in the PnbhlU. L .i yl i L •it r 0 Suggested bys City Council R NSOLUTION NO, 17-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT THE U.S. ARMY CORPS OF ENGINEERS CONDUCT STUDIES TO DETERMINE THE FEASIBILITY OF DEVELOPING A SMALL NAVIGATION IMPROVEMENT AT KENAI, ALASKA, UNDER THE AUTHORITY OF SECTION 107 OF THE RIVERS AND HARBORS ACT, AS AMENDED. WHEREAS, the Council of the City of Kenai has stated that there is a serious need for a navigational project in the Kenai River, and WHEREAS, the Council of the City of Kenai agrees to zne following: 1. Contribute in cash the local share of project planning and construction cost. (Non -Federal interests must pay half the cost of the definite project study. Also, during construction the local sponsor must pay 10 percent of the construction costs for the breakwater, entrance channel, and maneuvering area for projects less than 90 feet deep. The sponsor must pay an additional 10 percent over 30 years; the value of lands, easements, and rights -of -way may be credited toward this amount. Any costs over the $4-million Federal limit are the responsibility of local interests.) a. Provide, without cost to the United States, all lands, easements, and rights -of -way necessary for the construction and maintenance of the project, including suitable disposal areas for dredged material, with any necessary retaining dikes, bulkheads, and embankments or the cost thereof. 3. Hold and save the United States free from damages.due to the construction and maintenance of the project, except damages due to the fault or negligence of the United States or its contractors. 4. Maintain: and operate all the non -Federal works after completion in accordance with regulations prescribed by the Secretary of the Army. I S. Provide and maintain berthing areas, floats, piers, slips,- (. and similar marina and mooring facilities as needed for transient t and local vessels, as well as necessary access roads, parking II areas, and other needed public use shore facilities open and I available to all on equal terms. (Only minimum, basic facilities and services are required as part of the project.) eevimevma 4-ke f'nntf[.ii of —Eha CitV of Re31gi- understand that: -if -- it contractual agreement that it will provide such local cooperation as may be prescribed by the Secretary of the Army. ' WHEREAS, the City Clerk of the Kenai City Council shall be, and is hereby, directed to transmit three copies of this resolution to the District Engineer, Alaska District, U.S. Army Corps of Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council of the City of Kenai is hereby requesting that the U.S. Army Corps of Engineers conduct studies to determine the feasibility of developing a small navigation improvement at Kenai, Alaska, under the authority of Section 107 of the Rivers and Harbors Act, as amended. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this and day of December, 1987. JOHN J. WILLIAMS, MAYOR ATTESTS Janet Whelan, City Clerk Written by Public Works:_, L L SECTION 107 US An ny Corps of Engineers Alaska 0tstrm - - — SMALL NAVIGATION i. PROJECTS �yAT CAN THE CORPS 00? Section 107 of the Rivers and Harbors Act of 1960, as amended, providos authority for the Chief of Engineers to plan and construct small navigation projects that have not already been specifically authorized by ed VAP costt uction only after detailed s c ear sow s engineeringeas an econom c lEgligation -aj cation, E4cn_pro,1Lecf_musT no colglete Within ItseLf.. ,r +.The maximum Federal expenditure per project has been raised to ;4 million;.�r"wi, which includes both planning and construction costs. ='.Any additional costs must be paid by the local sponsor. Costs of lands, easements, and operation __ and S l - aintenance of the ProJect other than certain maintenance dredging) mus e ion• a era . Federal funds can be expended only for general navigation facilities, which may include (1) a safe entrance channel leading to the anchorage basin or locally I berthing area (the channel may be protected by breakwaters or jetties r 1f needed); (2) a protected anchorage basin; (3) a protected turning basin; (4) t' if dredging for these items;•and (5) maintenance of breakwaters or y, jetties. The Corps series potential projects in two phasel A sconnaissancey atde -Feral a feasible project. In tnis pnase, wniun usually Uchwa auvuIW v nlvu m.a, Sao w' a er resource problem is defined. Potential solutions are identified and their feasibility assessed. The study includes a preliminary analysis of the Nderal interest, costs, benefits, and environmental -impacts of the proposer +-.oj.ct, and estimates the cost of preparing a Definite Project Report. 3eTare the definite ProJect phase of study can begin, a si ned-cost•sharin agreement e local s onsor is re u re s s u y, VnIcK usually e es 9 1 to in months. results in a Definite Project Report. WHAT ARE THE LOCAL RESPONSIBILITIES? Docks, landings, piers, berthing areas, oat stalls, mooring facilities, launching ramps, access roads, parking areas, ! and any interior access channels needed for maneuvering into berths are i� entirely a local responsibility and are constructed and maintained at is non -Federal expense. L If 1.Contribute in cash the local share of project elanning and constructio cost. (Non-federal in eres s must pay a e Cost Of e definite project study. Also, during construction the local sponsor 'stpay 10 percent of the co� ns1ruction costs for the breakwater, entrance channel, and maneuvering area for projects less than 20 feet deep. The sponsor must pay an additional 10 percent over 30 years; the value of lands, easements, and rights -of -way may be credited toward this amount. Any costs over the S4-million Federal limit are the responsibility of local interests.) 2. Provide, without cost to the United States, all lands, easements, and rights -of -way necessary for the construction and maintenance of the project, including suitable disposal areas for dredged material, with any necessary retaining dikes, bulkheads, and embankments or the cost thereof. 3. Hold and save the United States free from damages due to the construction and maintenance of the project, except damages due to the fault or negligence of the United States or its contractors. A. Maintain and operate all the non -Federal works after completion in f .� accordance with regulations prescribed by the Secretary of the Army.""'.;,,�.,,��. 5. Provide and maintain berthing'areas, floats, piers, slips, and similar marina and mooring facilities as needed for transient and local vessels, as well as necessary access roads parking areas, and other needed public use shore facilities open and available to all on equaYterms. (Only minimum, basic facilities and services are required as part of the project.) HOW CAN A STUDY 61 REQUESTED? We may begin a Section 107 study after we receive a formal request from the prospective sponsoring agency. A sample resolution is offered below. This request, and any further inquiries about a small navigation project, should be made directly to: r; U.S. Army Engineer District, Alaska Plan Formulation Section NPAEN-PL-P Post Office Box 898 l Anchorage, Alaska, 99506-0898 ,4, 214 PLE Be it resolved that the (City Council. Village Council, etc_.) requests the �5 U.S. Army Corps of Engineers to conduct studies to determine the feasibility of developing a small navigation improvement at (location), under the authority of r Section 107 of the Rivers and Harbors Act, as amended. It 1s understood that, if it is found feasible and advisable to develop a small navigation project at (1gcation), the (City tv Council. tc.) would be 1 required before construction commences to enter into a contractual agreement r that it will provide such local cooperation as may be prescribed by the . - - - - -- - — -Secretary of -the Army.. - - herebye directed totransmitthiun i1 etc. -shall be, and is S ( W - -- d p s resolution to the District Engineer, Alaska District, U.S. Army Corps of Engineers. Signed (Mayor, Council Et sg Men . etc.) j 1 T I: I� W4 OM14eos November 12, 1987 I :d •'LnOMpIKM '.4 ACI KENAI PENINSULA 8094000H 144 N. SINKLEY • SOLDOTNA, ALASKA 99669 0 PHONE (907) 262.4441 November 13, 1987 r: DON GILMAN MAYOR City of Kenai '���6d621�5'. ---- — - - Atten: Janet Whelan 210 Fidalgo - Kenai, AK 99611 RE: 1987 Liquor License Renewal Applications for: Eadies Frontier Club, Beverage Dispensary Eadies Frontier Club, Package Store r Dear Janet: r Please be advised that the Kenai Peninsula Borough has no recommendation for protest of the renewal of the above noted' liquor licenses at this time. . The Sales Tax accounts registered for these businesses are filed through 9/87. Personal property tax accounts registered to either the applicants or business are current through the tax year 1967. Thank you for your cooperation in this matter. Sincerely, L � e. l) { o O kL 0 o WM COWPER GOVERNOR DEPAnTNEN. T OR REVENUE 55o w. 7th Avenue ALMOL/CBEVERAGECONM BOARD Anchorage, Alaska 99501 November 9, 1987 s X , Clerk Borough NOV996690 ti we are in receipt of the following appiication(s) for renewal of liquor license(s) within the ..,_ .,%pnai panincula-Rgreugh You are being notified as required by AS 04.11.520. i BEVERAGE DISPENSARY PACKAGE STORE tadie's Frontier Club Eadie's Frontier Liquors f REST]6ANiTrA'T1-MGPI ACE � ' I 4 sciv y Cdfe L L l CITY OF KENAI _ 210140AIAO KENAI, MAIM M11 TEI"110NE243.1 g October 13, 1987 Alcoholic Beverage Control Board 550 W. 7th, Suite 350 Anchorage, AK 99501 Attn: Pat Sharrock Dear Mr. Sharrock: At their regularly scheduled meeting of Oct. 7, 1987, the Kenai City Council once again took action at the request of Eadie's Frontier Club and have directed me to again reiterate our request of Feb. 10, 1987 in which we have asked that all restrictions and stipulations against her liquor license as set forth in the stipulations and proposed order dated Dec. 11, 1986 be removed in order that she may re -open her establishment, thus facilitating the sale of her business. Your immediate attention into this matter will be appreciated by members of the Kenai City Council and our Administration. el �. 11A John J.. W. 11tams Maynr JJW:jw cc: Senator Mike Szymanski Suggested by: Mayor Williams CITY OF KENAI RESOLUTION NO. 87-77 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA IN RECOGNITION OF THE LOSS TO THE COMMUNITY IN THE RECENT ACCIDENT INVOLVING FLIGHT N103 AT THE HOMER AIRPORT. WHEREAS, the City of Kenai recognizes the loss of its friends and neighbors in the recent air tragedy involving Flight N103 at Homer, Alaska, and WHEREAS, the City of Kenai wishes to express its heart felt sympathy to the survivors of those victims, and WHEREAS, the City of Kenai wishes to honor the memory of those persons taken from us in such an untimely manner. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai authorizes an appropriately inscribed plaque to be installed at the inauguration of the Memorial Park in May, 1988. AND BE IT FURTHER RESOLVED that the City of Kenai authorizes a memorial tree be planted as a living memorial to those victims. AND BE IT FURTHER RESOLVED that a copy of this resolution be sent to the surviving relatives of those dearly departed from our presence. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of December, 1987. JOHN J. WILLIAMS, MAYOR s.' TOM ACKERLY, COUNCILMAN f ART McCOMSEY, COUNCILMAN RAYMOND MEASLES, VICE MAYOR '- MOTA MONFOR. COUNCILWOMAN MW O'REILLY, COUNCILWOMAN L KENAI HARBOR COMMISSION ' Monday, November 16, 1987, 7sO0 p.m. E Minutes, Regular Meeting Held, Kenai City Hall, Conference Room Presiding: Leon Quesnel, Chairman j 1. ROLL CALL PreAbsent Leon Quesnel Tom Thompson (excused) 1 Barry_ Eldridge Joe Nord (excused) 1 Wally Keppel-Page Jeff Jefferson (excused) - - - Will Jahrig i In Attendance: Keith Kornelis, Public Works Director 2. PERSONS PRESENT SCHEDULED TO BE HEARD - None. i 3. APPROVAL OF AGENDA Commissioner Eldridge corrected date, which should be { -� October 5, 1987. Chairman Quesnel added to New Business item (d) Port Authority* i z ' 4. APPROVAL OF MINUTES - October 5, 1987 MOTION 1 Commissioner Eldridge moved to approve minutes. Seconded by Commissioner Keppel-Page. i ' 5. OLD BUSINESS - j a. Review of Minutes - October 5, 1987. Ice retainer,- work is being nolitrauted out and cost is 1 approximately $1,600. Director Kornelis explained work. Fish pumps versus crane/barge/floating dock and costs was i ...:_ ;. 1 discussed. Director Kornelis will research further and get literature. Sign on road and closed sign for restrooms has been done. Director Kornelis will contact professional sign person for } ----- ---- ---- a-- price-- quote on quality sign- for -facility and--reportback L - -- --- -- -- - --- - to commission. Future operation of facility will be determined at a -future -- __'_ date when city has experienced a full year of operation. -: •` 1a n �t1[ a T f . l r ,L r f� �4 -f t.. r` '�------—--------- - - - t. .ti KENAI HARBOR COMMISSION November 16, 1987 page 2 Nothing to report on narrow floating dock project at this time. Acquisition of gravel for fill and future expansion for staging area and parking is at a stalemate at this time in anticipation of funding. Discussion followed regarding avenues of funding and creative financing. Director Kornelis will contact Merf (ph) O'Brian to gather information. Kenai River Viewing Area grant application has been turned in for viewing platforms. Discussion followed on work that has been accomplished and problems with enlarging parking lot. Commissioner Eldridge would like copy of publication and opportunity to comment on project. Director Kornelis will gather further information. Commissioner Eldridge has not looked at study as yet regarding old Town area of bank erosion. Director Kornelis let Commissioner Eldridge check out a copy of study previously done. Discussion followed. It was decided to add to plan for 5 year goal - Stabilize river bank under Old Town. Regarding dredging river and taking sand bar out, Director Kornelis wrote to U.S. Corp of Engineers, refer to Section 107 - Small Navigation Projects (attached). Comments followed regarding future of project. Director Kornelis talked with Coast Guard and they plan on redoing the back marker. They will drill down 9 feet and put poles in concrete to hold. Coast Guard is to relocate one of the navigational lights at the mouth of river. This is --in response to letter written -by Director Kornelis. Grant applicati.on,.letter regarding boardwalk was mentioned. Commissioners -Eldridge, Chairman Ouesnel, Director of Public Works and City Engineer attended Annual Harbormaster's Conference in Homer. b. Achievements, Goals and Objectives. Achievements# Completed dock facility with profit of $26,000* including fuel. With exception of final as -built drawings, mirrors in restrooma;-and operating and -maintenance -manuals.. --- GAS - -- - 1. To be self supporting facility. To provide enough income to cover expenses and acquire reserve funds for L 19 . {` KENAI HARBOR COMMISSION November 16, 1987 page 3 future operations, repairs, maintenance and upgrading. 2. To stimulate the local economy by first providing a service for the present use of the Harbor and secondly, expanding services to attract others to this area. 3. To retain facility as public use and lease use, and always retaining at least one station for public use. 1 YEAR GOAL Install one or two cranes. Look into possibility of 3 foot floating dock. ' Facilitate installation of the viewing area and boardwalk. .� 2 YEAR GOAL 4 Possibility of fish pumps. i Enlarge parking and staging area. Investigate dredging out of mooring basin in river. i 5 YEAR GOAL Investigate and study feasibility of ice plants and cold storage capabilities to be located on water front area or f ;. airport facility. Investigate possibility of dredging for small boat harbor at end of Spruce Street. 6. NEW BUSINESS a. Ribbon Cutting Ceremony. Commissioners agreed a ribbon !' cutting ceremony would be appropriate, time and date would --=- be decided in the future. ! b. Report of Harbormaster's Conference in Homer. � Approximately 50 to 60 people attended and Chairman Quesnel Appr y p E { gave a brief report on the topics discussed and commented on j the presentations. An offer was made at the conference to { .`. host a association's 1 tBicentenniall Lhannual meeting in he year -of Kenai in 1991. - - - -- ' -c. -- ---Navy- -Home -Porting _-was_dis-cusned__by_ the Commission and - criteria needed to facilitate this endeavor. h. � E L KENAI HARBOR COMMISSION November 16, 1987 page 4 d. Port Authority. Chairman Quesnel read letter from University of Washington by Professor Thomas J. Dodd. j Chairman Quesnel quoted a portion of the letter: "there are 1} both positive and negative factors to consider in forming independent port authorities in Alaskat however, in my opinion, the negatives far outweigh the positives in majority of Alaska communities".....therefore it was felt it was not a viable situation for a port authority in Kenai. Commissioner Eldridge mentioned the "Harbor Howls" which is a newsletter of compiled information put together by the i Harbormaster in Homer and has asked that each of the harbormaster's send information for articles so that each area can be represented in the newsletter. Newsletter :j information was discussed. ri 7. CORRESPONDENCE a. Letter from Mayor Williams regarding Grant Application was discussed for information. ii b. Letter from Cook Inlet Seafoods was discussed. { Director Kornelis will write letter thanking him for his a comments and will take his comments under consideration. c. Chairman Quesnel reminded Commissioners of the special meeting for Commissions and Committees with the City Council ! to present the goals and objectives. i S. ADJOURNMENT The meeting adjourned at 9:45 p.m. N va A. A urto dba/Niva's Clerical Services for the City of Kenai M , Two �Mwq .r/ 40 KENAI AIRPORT COMMISSION Minutes, Regular Meeting November 12, 1987, Thursday, 7:00 pm Held, Kenai Airport Presidings Tom Irwin, Chairman 1. ROLL Present Absent fj Tom Irwin Josh Knopper (excused) Frank Stevison Tim Miller Bill Toppa Les Vierra Matt Raymond - i 2_, PERSONS PRESENT WANTING TO BE HEARD { a. Mr. B. Doyal wished to address the Commission. + Airport Manager Ernst brought the Commissioners up to date i, on the status of the airport. The airport grass strip was _ closed and would be open to ski type aircraft as soon ae << there was enough snow to be safe. Mr. Doyal felt it was safe enough to land on skies and _ doesn't know if grass strip long enough, and also asked t, about sanding the middle 75 feet. 1. Mr. Ernst commented that was what was sanded, however sand does go over to edge and he wouldn't compromise the safety . of the normal air traffic. He felt if there was away not to compromise the commuter aircraft, then he was willing to listen. ' Mr. Doyal appreciated the safety aspects, just felt a small ' area could be made,available.for use. Mr. Ernst indicated . he- whole thing •i. a c;;ian to ski planes to land on shoulder of runway, inside lights, if so inclined, at own risk, however, the city stills has certain amount of -- - - liability even at own risk. 1 ' The Commissioners, Mr. Doyal and Mr. Ernst continued to discuss this issue to come to some type of mutual understanding for the use and safety of all concerned. �- opening Mr. Doyal risked what would preventp 9 the airport — ------ --- -- outside of the lights on -the active runway- to -use- as a strip F. if the ground is good enough for that purpose. Mr. Ernst has discussed this with the tower people, and thought legally, they could not clear anyone to land outside 7 L -A.---- - j_1 - KENAI AIRPORT COMMISSION November 12, 1987 page 2 of runaway lights and a designated strip. Discussion continued involving# FAA regulations, maintenance priority, clearing runway, time, snow berm and control, and liability. Mr. Ernst suggest waiting just one more year and in the mean time, he would open the grass strip. Mr. Doyal indicated if the grass strip will be available this year, he would be satisfied, if there is not going to be any berms. Mr. Ernst said it would be available as soon as he felt comfortable that the grass strip had enough snow on it for safety and where the packing down of it wasn't going to ruin grass because of costs planting. Discussion about how much snow was enough, and the amount of six inches was probably about the right amount. Mr. Doyal asked in the event the grass strip doesn't work out, could ski planes use the runway. Mr. Ernst stated he would let them use it right now, if used during tower hours and use it with no other stipulations. That's how it was before, at your own risk, inside the lights. Mr.. Doyal felt if the crew were asked to try not to get clear up against lights with sand, he felt they would honor that. Mr. Ernst commented he would not do that, and explained the runway is 150 feet wide and if it's slippery all the way to r the 150 feet,. it's going to be sanded, that what's recorded and what Zity is'tiable for. r, C Chairman Irwin advised -Mr. Doyal the! Commissioners would discuss this further to come to a solution and would notify him of what was decided. 4 Mr. Doyal thanked the Commissioners. ,F # 3_, APPROVAL OF MINUTES - October 8, 1-987 -i, Commissioner Vierra moved to approve the minutes by .._ . .. consensus. 4_ PERSONS PRESENT SCHEDULED TO BE HEARD a. Mr. Brugman - Northern Air Cargo did not appear. it was suggested to delete Northern Air Cargo from the agenda t� it M. t { i KENAI AIRPORT COMMISSION November 12, 1987 page 3 and room on the agenda would be made for Mr. Brugman when contact is made. b. Carmen Gintoli - Airport Terminal Renovation. Mr. Ointoli presented a drawing to the Commissioners and indicated changes for discussion. Demonstrated locations for religious materials, pop machines, newspaper stands and two gift shop areas and sizes. Location of elevator and landing with open space for perhaps industrial exhibits. Research code for unisex toilet for handicap and felt it advisable to have two- toilets upstairs-vith both handicap accessible. Bar has 52 seats with small section for darts, and second egress out of bar is needed, so plan is to go across top of roof in perhaps a glass corridor with stairway to go down and out. Shops and locations, heating system and ventilation discussed, and designated smoking area. The use of a dumb -waiter was discussed for carrying food. No. Sandy Daniels gave suggestions and discussion continued. The availability of good lighting behind bar area was felt to be important. The consensus of the Commissioners was to have Mr. Ointoli present the drawings as discussed to the City Council. 5. OLD BUSINESS Civil Air Patrol. Chairman Irwin talked with several people and indicated CAP didn't have funding available at this time for a move. Decided to table this subject for a later date. 6. DIRECTOR'S REPORT Mr. Ernst reported talking with Mr. Arsenault about the approach and went on to c.xpl.ain -to the •Commissioners where the float plane basin project is at -this time. Mr. Ernst demonstrated the patterns to basin and the approaches proposed for the least amount of noise and impact to the area. Once the plan is proposed, flight standard's comes in with an aircraft and makes the approaches and sea's up what is usable for final approval. Discussion followed. Mr. Ernst sent away for material on the megnommeters (ph) (x-ray machine). The price and equipment suggested from the company was $30,000. and $4,500. for a metal detector, plus ehipping_.at_-$1.,500. _Mr. Ernst felt x-ray machine was not needed at this time and to go with -a walk-thru megnohome er. Discussion followed- and --the --suggestion- was made- to -contact- - --- various airlines moving out of Alaska to see what kind of .-A L KENAI AIRPORT COMMISSION November 12, 1987 page 4 7_ equipment may be available and quote prices. Mr. Ernst handed out brochures from CAVCO Company regarding portable air stairs that can be put on back of pickup and suggested sending for information. Mr. Ernst will do some more research for information. Mr. Ernst reported from the AAAE of the reallocation of AIP funds at the rate that was suggested, which is 1.7 billion. NEW BUSINESS i a. Float Plane Basin. Airport Manager Ernst has asked Mr. Bill Nelson to look into costs. Mr. Nelson is going to ? research and look into Nenana and Fort Hood. Mr. Ernst was thinking on the lines of permanent slips with wooden walkway on either side with gradual grade on East side, washed rock could be used to prevent slipping and make a nice approach. The estimate is about 40 slips on 2800 feet from one side to the other. Estimated costs is approximately $200,000. to 0250,000. Discussion continued regarding concept, conversion of wheels to floats - floats to wheels, FBO's, and vehicular traffic. j Mr. Ernst said there were twelve requests for slips and six requests for FBO sites. E Commissioner Vierra felt there were two parts, one to go a head with concepts of slips and something to look forward to in future, so long as there's access guaranteed to the ramp. Commission Stevison suggested in the next two or three i months to invite FBO's to take part in a work session. it was decided to have work session after first of the year, perhaps January meeting. Having "duck shacks" or shed type structures on site was f discussed. Commissioner Toppa will investigate sizes and figures and report at next meeting. b. Mr. Ray Lausterer on Security at Airport. Mr. f Lausterer addressed the Commissioners on the problem he is experiencing with vehicular traffic driving through taxi way areas and was wondering if something could be done with the gate access to prevent drive through traffic. Also, has experienced a problem with break-in once and almost hit twice, and feels there is a lot of unauthorized - vehicles coming in gates._ Discussion followed on ways to prevent this problem and enforcement. - -- - - - 0 F-i 3 lY IJ KENAI AIRPORT COMMISSION November 12, 1987 page 5 It was suggested to get with FBO's and have them lock -up, - put public notice in newspaper and get a list of city $ ordinances for policy. Chairman Irwin will see City Attorney to see what legal steps can be taken. Mr. Ernst will get a copy of city ordinances. S. CORRESPONDENCE Mr. Ernst did provide CAP property deed to Commissioners. Letters discussed are attached. 9. ADJOURNMENT Meeting adjourned at 9t25 a.m. g: va A. A unto -/ dba/Niva's Clerical Services for the City of Kenai x r�. L ECONOMIC DEVELOPMENT COMMISSION MEETING November12, 1987 - 7 pm k Homer Electric Association Conference Room Vince O'Reilly. Chairman _ Minutes Regular Meeting � initl 1. CALL TO ORDER sting was called to order by Chairman O'Reilly with the following people in '�►' attendance: I ROLL CALL - Present Vince O'Reilly Jim Carter I -- Bob Scott Penny Dyer Darren Bond Jim Elson - Excused - ^� Imlay Thomson ` t. 1 2. APPROVAL OF MINUTES Minutes from the October 8 1987 and the October 15. 1987 meetings were "4 approved as read. All Commission members were in agreement. 3. PERSONS PRESENT SCHEDULED TO BE HEARD Chairman Vince O'Reilly gave a brief report to the commission on the passing of the Economic Developments Goals and Objectives that were submitted to the Kenai City Council. Chairman O'Reilly also informed this commission that the City of Kenai has ample computer capacity to allow work on the Data Bank that this Commission is presently putting together. Details will be worked out �. with Chairman O'Reilly and he will report to the commission in the future. $4,500.00 will be allowed for this project and this commission is working to keep the cost down but wants to gather as much information for the Data Bank is so that all segments of the community and the area can use it as a reliable Information source. (see enclosed sheet) 4. Commissioner Jtm Carter asked. for a leave .of absence for a, four to six month periodbdeauaz of hic-committment to the Kenai Peninsula Boroughe new liadcrsIhip and the transition process that is occuring. Commissioner Penny Dyer made the j j'. motion that the commission grant the leave of absence and Commissioner Bob Scott seconded. All commissioners voted and the motion was passed. A notice will be sent to the Kenai Peninsula Borough Mayors office. i o , 5. FREE DISCUSSION PERIOD- 15 minutes 6. OLD BUSINESS ____—:---,----_-- _.Assignment -of-Commissionera-by Segment of Economy,-.__------_--.-----.._-- �' Commissioners felt this should be tabled until the next meeting when the I Economic_ Commission would be in attendance -_-_whole_ --- -- ---- ----- - ---- - -- - Easter Natural Gas Proposal This proposal was discussed and it was decided to gather some information `i on for discussion. from Enstar and bring back to the Commissi Page, 2 Economic Development Commission Meeting j NOVEMBER 12, 1987 7 pm i Commission Budget This was tabled until the next meeting. 7. NEW BUSINESS a. Report on Meeting with the Borough Planning Economic Development District. Commissioner Darren Bond reported on the EDD and feels they are moving ahead with the structuring and organizing process. He feels the commission should support it and keep abreast of what is happening with it. Commissioner Jim Carter explained that Seward has given a resolution in support of EDD and all municipalities will be involved. The By—laws are being worked on - and 11 to 15 members will be on it. It will have an Executive Director and one or two staff with funds coming from grants and the state. -- — - Next meeting is November 19. 12 noon at -the Borough building. At this meeting Ocean Trawl will give its final presentation- b. Commissioner Darren Bond said the Borough is willing to supply information and data for the Kenai Economic Development Commissions Data Bank and he feels there is a great deal of demographic information available which the } proposed mapping that the Kenai Borough is doing will be one of the best j sources of information for this commission. C. Commission chairman Vince O'Rielly is making arrangements for a speaker I' to come to the next meeting. He will notify members by telephone or in the agenda. i d. Discussion was held on the EDA Conference in Seattle November 30. 1987. i Commissioners felt that since Charlie Brown was the City of Kenai representative he would be able to bring back information to this commission. Commissioner i Darren Bond Made a motion that a portion of Mr. Browns ticket be paid for from EDC funds and Commissioner Jim Elson seconded. All commissioners were i in favor of this and the motion passed. Mr. Brown will be making contacts and will be bringing back information that this commission can use. Chuck Decker will be invited to speak at the December 10. 1987 meeting of thie commiss•fun. He was a lobbyist and a Consultant to Brown and Root and it was felt that he could give some ideas and information.on.the direction a Economic Commission could be taking. r j' f. This commission will start gather sources of information to be used for the proposed Data Bank. Commissioners Penny Dyer and Darren Bond will get ? with Bill Brighton befor the next meeting on what sources he would have available for use. They will also check on what soft ware is available to this commission for this particular kind of project. S. Regarding Letterhead and personal cards for the commission it was decided to ask Janet Whelan to draft a Economic Commission Letterhead and have it -=----. -- --- -- - -ready by -the -December-10 meeting. --It was -Also- felt,that Personal cards were necessary at this time and if any member of the commission did travel and pi anned-to_make ssntacts in different- areas a letter_ of introduction could be obtained from the City of Kenai for this use. MEETING ADJOURNED AT 9t 6 pm. ? Nicky onsld or Niva's Clerical 8esvicas /For the City of Kenai i lit L 1 i { AGENDA + KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 4, 1987 - 7:00 PM c +. J ; A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk(*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) C. PUBLIC HEARINGS 1. Ordinance 1239-87 - Amending Kenai Municipal Code - Add Kenai Bicentennial Commission 2. Resolution 87-64 - Accepting 1988-89 Capital Improvement Project Priority List (Reconsideration) 3. Resolution 87-66 - Transfer of Funds - Senior Citizen Van Repair - $2,587 4. Resolution 87-67 - Awarding Engineering Contract - Coral, Cohoe - water & Sewer, Street Improvements, to Wm. Nelson, Engrg. 5, Resolution 87-68 - Accepting Economic Development Commission Goals and Objectives D. � COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission 5. Council on Aging 6. Airport Commission 7. Economic Development Commission 8. Misc. Comm/Comm --E. -MINUTES. - - - -- - - -1 - *Regular- Meeting,- Oat, - -21-r -1987- - - - - 2. *Special Meeting, Oct. 27, 1987 L L_ J r, ' S F. CORRESPONDENCE 1. *The Hargraves Agency - Lobbying Proposal 2. *Kenai Chamber of Commerce - office of the Governor in Kenai r- G. OLD BUSINESS r j H. NEW BUSINESS 1. Hills to be Paid, Hills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1219-87 - R/V Ordinance a 4. Discussion - Street Lights 5. Discussion - Concorde - Airport Restaurant I. ADMINISTRATION REPORTS ;4 1. City Manager s 2. Attorney 3. Mayor - 4. City Clerk 5. Finance Director +. 6. Public Works Director t 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT 1 I T KENAI CITY COUNCIL - REGULAR MEETING - MINUTES NOVEMBER 4, 1987 - 7sOG PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIAING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents rj OArt 'Reilly,sLindaa8 arner0BChris J Sohn Williams, for,om I Ackerly I Absents None - ---_--._. A-1 Agenda Approval i e last - a. CoitteeWillmeeting iams t(Aug. 13, 1967)ed minutes Of hCemetery distributedthiis date and listed as item D-8. of the il b. meets Sor elo! Oct. 21 anams noted d Octs.utes 27, distributedthis date and listed as items E-1 i E-2- c. Mayor Williams asked that the bill submitted this • date from Blasy Const. for $33,310 be added under item H-1 (Bills to be Paid). Agenda approved by unanimous consent of Council. l A-2 Consent Agenda 1 MOTIONs (' Councilman Ackerly moved, seconded by Councilman _.. Measles, to approve the Consent Agenda as submitted. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD None � ' C. PUBLIC HEARINGS C-1 Ord. 1239-87 - Amend. KMC - Add Bicentennial Comm. MOTIONS Councilmano adopt moved, seconded by Councilwoman !I O'ReL1ly,.tthe There was no public comment. r, MOTION, Tables 1 Councilman Measles moved, seconded by Councilwoman Monfor, to table the ordinance to Nov. 18 meeting - Councilman Measles explained the substitute was placed before the Council this date. VOTE, Table IPassedls You Mccomeiey, Maaelesi; Mstllor, me T Not O'Reilly Williams, Ackerly { C-2 -Res. 87-64 Accepting 1-999-99 Capital improvement_- -- - Project Priority List (Reconsideration) { VICE MAYOR MEASLES ASSUMED THE CHAIR. L 0 l KENAI CITY COUNCIL NOVEMBER 4, 1987 PAGE 2 i Mayor Williams explained the memo in the packet from Legal ABst. Sutcliffe. MOTION, Reconsiderations ( Mayor Williams moved, seconded by Councilwoman MOnlor, for reconsideration of Roo. 87-64. 1 Mayor Williams explained, the reconsideration is based in sessions. He felt it would be a on discussions work disservice to the City to bring this to the Legislators. Councilman Ackerly noted a point of order, a reconsideration motion cannot be discussed. , ;y Legal Asst. Sutcliffe concurred. VOTE, Reconsideration (Failed): yes: McComsey, Williams, Ackerly t Not Measles, Monfor, O'Reilly, :warner MAYOR WILLIAMS RESUMED THE CHAIR. Mayor Williams explained, since the motion for • reconsideration failed, there will be no public hearing. Councilman Measles noted the resolution s before the Council is not the one passed at the Oct. 21 Clerk Whelan concurred and added, the amended $; meeting. resolution has been signed. Councilwoman Monfor asked the hands of Council. Legal ; : 1 if this had passed out of Aset. Sutcliffe replied no, it can be recalled at any time, even though it has gone to the Governor. f� MOTION, Suspend the Ruless 1.. Councilman Measles moved, seconded by Councilman : Ackerly, to suspend the rules temporarily for - ` discussion purposes. VOTE, suspension of Rules' i Motion passed unanimously by roll call vote. Councilwoman Monfor said, regarding the $4 Million After the article in price on the community center. the paper people On the street were saying we are getting in by the "back door." This is not the f building the people voted down. She envisioned one for ` a cultural center and museum. If it houses these, it Tho-Sonier Centel• is built by can be run by grants, grants and in run by raderal ane. ;a:ate grants- Council 3 should decitie what they want beterc they .Gdt. She did not have a problem with prosenting this to the Legislature. Councilwoman Swarner suggested removing - - the center from the list and including it in the narrative after we have more information. Mayor �F t s Williams explained, he wanted 90 days to get a Goals i Commission, and give to the Objlst from the Legislatoectives rs ifor review. One of the problems with this isthe speed necessary for the lot six items. The rest list did not have to have such speed. Last 1, -s of the CIF year it was January before the list was completed and j sent to Juneau. - -- - --- ----- ---- -- .. MOTIONS - - - - -- - - -- - - -- --- --- --- Councilwoman Swarner moved to removed those general list-thAt we sending to the : -- --- ---- -r - - - --projects from -our -are it and talk with our Legislators - -- --- -- -- -- Governor, but work on ,.-- about it. ^t r - 4 �5 F, { tt d L KENAI CITY COUNCIL NOVEMBER 4, 1987 PAGE 3 Motion failed for lack of a second. j Councilwoman Monfor said when we send the list to Juneau, we will have to have back-up, paper work and why they are good projects. Councilman Measles suggested leaving it as is, we still have time to get together and decide what we want. it is easy to page a resolution asking that items be removed at a later j date. Councilwoman O'Roiily asked if there was a reasonable date we will have definite details regarding the Bicentennial Comm. Mayor Williams replied, 90 days after the Comm. members are appointed, 135 days from • -;, now. He hoped to have a sub -committee of Councilmombers to discuss the Bicentennial. Councilman Measles suggested a Committee of the Whole. Council M. Councilwoman Monfor agreed to meet Nov. 16 at 6:00 Pi suggested changing the name of the building to the Bicentennial Project Center. Councilman McComsoy noted the Legislature reads the papers and knows how it was defined. j PUBLIC CODMENTs J. a. Sally Bailie, 1503 Toyon Way, Kenai. In going i over the design of the community center (Bicentennial) building, the building was originally proposed to hold a museum. we already have that. The economic value of the Bicentennial Center is the possibility of a visitor information center. Requests for conventions over the last 2 years were for 120 people, $56,000 impact. With 400 people the impact is f243,000. She offered to E attend the meetings of the Bicentennial Comm. to > help. Mayor Williams noted if we prioritise this will sorb everydime thejcate ity canexpecttfrom the Legislature. the :. Council must establish what their real priority is. There is always a possibility if we receive our N1 priority (roads) and the State goes well economically this year, we can push for a top l priority at the next session and still have time before 1991. Mrs. Bailie said it is not too often the city has an opportunity that will address the the City. 3 civic, cultural and economic needs of We need to let the Legislators know this is not i for one year but for a long time. She noted Seward had said of their capital improvements list for $20,000, they received more than they needed. C-3 Res. 07-66 - Transf: of Funds - Senior Oitiz(:n Van ' Repair - $2,587 MOTIONt by Councilman {• Councilman Ackerly moved, seconded - - ; MCComseY, to adopt the resolution. " There was no public comment. f Councilman Aakerly asked if we would get reimbursement � f by insurance. city Manager Brighton replied we are did not know if the pick-up driver was ! self -insured, he insured. He believed the driver did not have a valid dri license there- is ver'e _ - lund.Asst. always his -permanent- Finance Director- 9rown - - noted they were discuss ng the police car accident, _ A this accident was the fault of the city's driver. ;tt Motion passed by unanimous consent. ! , ;, r4 (v fi 'i r BENAI CITY COUNCIL % NOVEMBER 4, 1987 PAGE 4 arding Engrg. oral, Coh0c C-4 Water86-Sewer+wStreet Improvementsact Wm- Nelson, Engrg. - NOTION A Councilman Measles moved, seconded by Councilwoman ? O'Reilly, to adopt the resolution - There was no public comment. Motion passed by unanimous consent- '- 11 ;i C-5 Roo. 87-68 - Accepting Economic Development Commission Goals 6 Objectives I MOTIONt -- -- - Councilman Measles moved, soconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. D. COMMISSIONS/COMMITTEES REPORTS i - - D-1 Planning 6 Zoning None D-2 Harbor Commission` i Councilman Ackerly reported there was no quorum at the last meeting. { Mayor Williams reported, in a discussion with Unocal, r they are looking at the potential of using the dock for the sfellingiprojeatluids niaesuccesslulking through town it D-3 Recreation Commission City Manager Brighton noted Recreation Director j McGillivray has received an honor. Mayor Williams i reported Mr. McGillivray has received the Professionalism Award for 1987 from the Alaska Recreation Assn. Recreation Director. McGillivray reported there was no mooting in october. D-4 Library Commission E Councilwoman Monfor there was a meeting Nov. 3. They need one Commissioner and are working on a student Alrepresentative. i I D-5 Council on Aging t Program Director Porter reported there was no meeting j in Oct. They will be having a fund raiser in Dea. D-6 Airport Commission i None if D 7 Economic Development Commission 1 None- " .1r t KENAI CITY COUNCIL 1-, NovEmm 4, 1987 PAGE 5 D-8 Mina Comm/Comm Clerk Whelan noted the Cemetery Committee had requested i E a work session with Council, Council had tontativeiy scheduled it for November. Council agreed to hold on any discussion till the NOV. 19 Comm/Comm meeting. E. MINUTES E-1 Regular Meeting, Oct. 21, 1987 ;1 E-2 special Meeting, Oct. 27, 1987 Approved by Consent Agenda. P. CORRESPONDENCE P-1 The Hargraves Agency - Lobbying Proposal Chamber of Commerce - office of the Governor in i j 8-2 Kenai Kenai . Approved by Consent Agenda. 0. OLD BUSINESS A None f H. NEW BUSINESS .- 1 H-1 Hills to be Paid, Bills to be Ratified MOTIONi Councilman Aakeriy moved, seconded by Councilman to the bills as amended by the addition of f Measles, pay Blasy Const. bill for $33,310. i J Motion passed by unanimous consent. i. H-2 Requisitions Exceeding $1,000 I MOTION Councilman Ackeriy moved, seconded by Councilman to approve the requisitions as submitted. 1 McComsey, Motion passed by unanimous consent. _.__ .. H-3 Ord. 1219-87 - R/V Ordinance Approved by Consent Agenda. t'. H-4 Disc. - Street Lights Councilwoman O'Reilly asked, what was the cost of the Public works Director Kornelis swires Rd. light? replied, over :2,000. Mayor Williams noted the cost Was $1,800 per light last year. Public Works Director Kornelis added, there was an average of 50 lights. Councilman Ackerly said there has to be some point that we have to may we cannot afford them. How do we decide { critical need? It is hard to say no, but he has difficulty with 50. That plus maintenance. The :. �. nveraie._person pays 1 O-i800 per year, they want their -.. streets plowed, e Iota.- h -don t-Pay - enough he cost/benefitcratioeis not good. Measles no Council asked Public Works and -_` _ --- ------ - - -. -.- - - - - - -- - -- — -- - - -- ----- - - - CQungilmen_ - - the Police Dept. to coma back witha -list-of-critical - 0 1 KENAI CITY COUNCIL NOVEMBER 4, 1987 PAGE 6 needs. City Manager Brighton replied it is not complete yet. Council agreed to wait for the list. H-5 Disc. - Concorde - Airport Restaurant Legal Aset. Sutcliffe stated he felt the legalities were solved regarding the lease, it is ready to be leased. Sandra Daniels and her daughter Renee are at the meeting if Council wished to speak to them. Mayor williams asked, what are their intentions? Ms. Daniels replied, a lot of the equipment is not functioning. It will cost some money. They will have to have insurance, costs of stocking supplies, rent. This is a slow time of year. It has boon closed for awhile. She wants to make it a good operation. MOTIONt i Councilwoman Swarner moved, seconded by Councilwoman Monfor, that the attorney proceed with a lease with Sandra Daniels on condition she is current on payments with the City and Borough, and provide proof to the City. This lease will be till the airport is renovated on June 30, 1988. No. Daniels reported she is current with the Borough and the City. They are making back payments on schedule. Councilman Ackerly asked if she understood the lease is for 6 months. Ms. Daniels noted it is 8 months. Councilman Ackerly noted they will have to have money up front. No. Daniels replied, that is why their bid is low. They have to retrieve that in a short time. Atty. Sutcliffe explained, the lease is structured on a month -to month basis. Ms. Daniels i asked if she could start the lease when they open, they had a problem with the Runway Lounge. Notion passed by unanimous consent. I. ADMINISTRATION REPORTS I-1 City Manager None I-2 Attorney Legal Asst. Sutcliffe noted the Senior Citizen 4 Endowment Fund (item 1-2..). He has been in contact with the Anchorage attorney.. Ho -asked for a decision of Council. Councilwoman O'Reilly dskud for an explanation. Legal Asst. Sutcliffe explained, several f months ago, an endowment fund was proposed. It is non-profit, contributions made will be for operation of the Center. Anchorage and Kodiak have them. MOTION: Councilwoman O'Reilly moved, seconded by Councilman Ij + MoComsey, to have the attorney do what he can to work `j with the senior Cantor and work with the Anchorage !!� attorney to set up an endowment fund. it fi Id be d ev councilman Measles asked t is cou one en :. -- - though we not it- up end -the-City -will--be -doing it.---- - t Legal Asst. Sutcliffe replied, we would not have - control over it. Councilman Measles asked, it would be ---- - - - - -- - our of our -control,- -there would- be- no "involvement -or_ liability? Legal Asst. Sutcliffe replied, right. �! Is 0, 1 k KENAI CITY COUNCIL NOVEMBER 4, 1987 PAGE 7 There may be involvement by the Commission on ways to spend the moneys. Councilwoman Swarner asked, who is paying for the advice? Legal host. Sutcliffe replied he did not know. Councilwoman Monfor asked if the endowment fund was to make sure it goes on forever. City Manager Brighton replied, tho-funds will follow the Senior Citizen program, not the City, Kenai has not been sponsor of the program. Also, if the City had cuts in funding and they had a large amount of funds, we would have to review who would fund the shortfall in the program. Councilman Mccomsey asked if the attorney afterwards. Lwork egal Legalat a discount if he could do Aest. Sutcliffe replied he didnot know. Notion passed by unanimous consent. I-3 Mayor Mayor Williams spoke. a. He (itemted Info 1)peOHee illnsendta letterhofpwcket elcome. b, bankki(EconomicnDevelopmentncommi sion) after dAMLa meetings. C. He nominated Shannon Turner for Airport commission. VOTE (Passed)s 4 yeas Mccomsey, Monfor, O'Reilly, Swarner, Williams, Ackorly Nos Measles d. He nominated Dottie Krzyanoski and Pat Nault for Planning 6 Zoning commission. i Council approved the nominations. II e. He nominated Mike Meeks for Harbor Commission. +� Council approved the nomination. d. ManagernBrighton ated lasked if this Ward for dwas a cscape onflictcOfy interest. Mayor Williams replied we have other members of commissions i committees who are involved in commerce. A, -Harbor Commission appointment was recently pxoved to have no conflict of interest. Mr. Brighton explained, i! there are projects to review, he will not be able to voteLegal Asst. Sutcliffe added, the Harbor commission member had a short term contract, it is not the same. Recreation Director McGillivray noted he lives outside the city. Mayor Williams i withdrew his nomination and said he would check. I g. He nominated Janice Rodes for Library Commission. Councilwoman Swarner noted there was one other person who applied. it should be in the order they applied. Mayor Williams replied the appropriateness of appointments depends on the Mayor's concern and the individual. Council - - oonaurred-with--the Mayor._.. MayorWilliamsadded, he intends to make the other appl cant t s next member. The Library Commission is making a - -- - — - - - recommendation -for -a_ student _member_.- Afrf>!ff O l 1 L i KENAI CITY COUNCIL f NOVEMBER 4, 1987 PAGE 8 h. He planned to speak to Recreation Director Mcaillivray before making an appointment for the Recreation Commission. i. He will discuss the Old Town Committee at the Nov. 18 meeting. Councilwoman Monfor suggested the members of the old Town Committee be invited to the Kenai Bicentennial meeting. Council agreed toy. the suggestion. b (contd) He asked if Council objected to paying some of his expenses in Fairbanks, he will be going to -� City Hall and seeing about their data base. Council approved the request. j. They will discuss the by-laws for the Kenai Borough Economic Development District at a later date. I-4 City Clerk Clerk Whelan spoke. she noted the AML resolution (item 1-4) from Dillingham regarding alcohol taxing by i r communities. Councilman Ackerly said he opposes this. it would add another layer of taxes and getting directly involved with half way houses. are City Manager Brighton noted local governments permitted to levy taxes but not what they can do with them. Council took no action- i `. b. she noted the arrangements for Council to attend 1 AML are complete. c. Council tour of City facilities will be Nov. 7, I-5 Finance Director j None llf I-6 Public Works Director None l I-7 Airport Manager Manager Ernst asked for Council action on the Airport car rental spaces (item I-7). 1 MOTION: i Councilman Ackerly moved, seconded by Councilwoman j E', O'Reilly, to extend the oar rental spacpa to 15 per s request of Airport Manager Ernst. Motion passed by unanimous consent- M J. PERSONS PRESENT NOT SCHEDULED TO 6E HEARD p ' ;. a. Councilman Ackerly suggested the City Contact NLC 1 regarding data bank information. b. The letter regarding the Davis/Bacon act, distributed this date. Action will be taken at the next meeting. ist notd he hComm/1Comm:o 12 a- ad alto ,____,__----------.--.----__y._ servy t- studentswillinge On - --- --- -- --- ----------- ----_____---._--.---------____-� y rm �'ii KENAI CITY COUNCIL NOVEMBER 4, 1987 PAGE 9 d. there was a date toetad homembsfor Com/Cona.Mayor Williams replied it will be discussed Nov. 19. e. Councilman McComsey noted Kenai Peninsula Borough has rBrighton repliedlh CAUCUS'adirected the Finance Dept. to prepare a Check. t. Councilman McComeoy asked it Res. 87-67 was for water & sewer. Answer - yes. Public Works Director Kornolis added, we will have preliminary engineering regarding sewer. it will be an expensive system. g. Councilman Ackorly asked about the lot six projects listed on the Capital -Improvement Projects list. Are they engineered? Public works Direotar Kornelis replied no. City Manager Brighton added they will be ready in 60-90 days. ADJOURNMENTt Meeting adjourned at SW PM. Janet Whelan City Clerk L rl 11 KENAI CITY COUNCIL November 18, 1987 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING 1�:-2 p( PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk t*) are considered to be routine and non -controversial by the Council and will be approved by one motion. r 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 the agenda as part of the General sequence on orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD - Mr. James Misko - Kenai Professional, Ltd. - Temporary Reduction of Rent on Existing Land Lease 2. Mr. Carmen Gintoli - Airport Terminal Renovation Schematics C. PUBLIC HEARINGS Yt •1.. Ordinance 1219-87 - Amending Kenai Municipal Code 1.� -. Providing a Definit .on.lMf R•'er.�3at:1��1a�. ` �• � t:1.e . i:r: _e =r and the aan�: us�: T able to - .Amending Vruvide for Recreational Vehicles Pa,:irs 2. Ordinance 1239-87 - Amending Kenai Municipal Code �:.;... " by Adding Chapter 1.59 -Kenai Advisory Bicentennial Commission and Amending Kenai Municipal Code Section 1.90.060 3. Ordinance 1239-87 - Substitute D. COMMISSION/COMMITTEE REPORTS _—.. --- --' --- - - -- g, - MINUTES --- -- ----------------- == -- L 1 1 F. CORRESPONDENCE 1. *Chamber of Commerce - Council Representative Meet with Chamber 2. *Alaska Availability of Job Private Industry JobTrainingPartnershiplAct Funds 3. *University of Alaska, Fairbanks - Lease for Lands for Mining & Patroleum Fire Service Training 4. *L.d.P.D. - Pertaining to Gambling Within Alaska 5. *State Bureau of Land Management - Lands Included for Selection - CIRI G. NEW BUSINESS 1. *Ordinance 1241-87 - increasing Rev/Appns - Congregate Housing Facility - $161,500 2. *Ordinance 1242-87 - increasing Rev/Appns - Capital Fund Project - Design of 6 Proposed 1988 Road Projects - $261,500 3. *Ordinance 1243-87 - increasing Rev/Appns - Repair of Police Vehicle - $3,738 4. *Ordinance 1240-87 - Amending Kenai Municipal Code Provide for Uniform Penalties Throughout Code 5. Bills to be Paid, Bills to be Ratified H. OLD BUSINESS I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Public Works.Directnr 7. Airport Manager J. PERSONS PRESENT,NOT JCHEOULED 'ZO, BE HEARD ADJOURNMENT 1 MINUTES KENAI CITY COUNCIL - REGULAR MEETING - NOVEMBER 18, 1987 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE t _ 1 ! A. ROLL CALL , Present: Chris Monfor, Marj O'Reilly, Linda Swarner, John Williams, Tom Aakerly, Art MCComsey Absenti Ray Measles (excused) A-1 Agenda Approval _ :.. a. Mayor Williams noted a letter from J. Misko distributed this date for item B-1 b. Mayor Williams asked that item C-3 be amended to C-2a-on the agenda as it is a substitute Ord. 1239-87. o. Mayor Williams asked that item 8-1 be deleted from ; the Consent Agenda. d. Mayor Williams asked that item G-6 be added, Requisitions Exceeding $1,000. e. • Mayor Williams asked that an executive session be added between items a and H. I MOTION: f - Councilman Aakerly moved, seconded by Councilman � McComsey, to approve the agenda as amended. _ Motion passed by unanimous consent. A-2 Consent Agenda - -' MOTION: ;r Councilman Aakerly moved, seconded by Councilwoman O'Reilly, to approve the Consent Agenda as amended. Motion passed by unanimous consent. + B. PERSONS PRESENT SCHEDULED TO BE HE B-1 James Misko - Kenai professional, Ltd. - Temporary Reduction of Rent of Existing Land Loase Aemea Mieko, 3020.1ake•Otis Parkway, Anahoreqy- has :ovieWed°his letters and the Peninsula _ Counait . Clarion;article- Ir+ his haste to get a letter to step he - in error - mentioned the I 1 Atty. Roger$, Congressional Delegation office was delinquent. He 4f finds they are current, he apologized. That was �. ',. misconstrued to Atty. Rogers, the letter describes what he wanted Counail to consider. He would like to make ,:-- • an application that in this time of economic downturn consider seduction and adding on at a later �f - - -- council date. Atty. Rogers said he planned to address this at .'t executive session, but not directly- There are a number of delinquent leases in the City. If Council i "I grants this, other leases suffering economic deprivation would request the same or similar treatment. He requested if Council decides to do this, Finance Director before doing this. f } they consult the _ erty on proQthat is airport land it would require ro oene al n o balance-, that -wool be - P m r d uto - - - - - • ...„ Y._- payment ve i Council reeer action oncern to him. He asked ounc after the executive session. Finance Director _till 1 j KENAI CITY COUNCIL NOVEMBER 18, 1987 PAGE 2 ' Brown said he concurred with Atty. Rogers, it is too early to take action at this time. Atty. Rogers said ' as a result of Mr. Misko's request to be hoard, he drafted a continuation so he could be heard in Council. : j The hearing will be Nov. 25, 1987. His chock was sent back but it was tendered book and accepted. He did not - have the number of arroaragos. Mayor Williams asked, what is the date of the Forcible Entry and Detainor yi hearing? Atty. Rogers replied, Nov. 25. Mayor Williams said the entire state of the economy is that Awl everyone is going into retrenching. But the City is also facing these problems. When we retrench there is only one place we can go and that is to the people. I! our finances go down, we may have to increase taxes. alter going back and forth with Atty. - Mr. Misko said he Rogers by phone and letter, the City did accept the chock. He wanted to have 150% of payment and Atty. ----- -- --- Rogers said it would have to go to Council. There is he would like to pay $900 instead $3,000 in arrearages, i of 8600. Atty. Rogers said that will have to be discussed in executive session. if Council allows in all like circumstances, Mr. Misko could contact Atty. 19 or wait till after the executive Rogers Nov. session. , i ;t No action taken by Council. �f B-2 Architect Carmen Gintoli - Airport Terminal Renovation � Schematics r; C. Gintoli, Kenai. These have been reviewed by the Airport Commission. He had the gift shops by the window, he has opened that up per request of Council. He has shown the shops beak from the window. There are 8 ft. spaced grids from the window if they want to It should be as flexible as possible. The add shops. rest is the same. The southeast corner is for an industrial exhibit. The FAA expects to be out in April 1988. We should be able to start renovation April 1988. Upstairs first; then restaurant, then the final work. it will be done next summer, 5 months is the outside limit for the work. Councilman MaComsey asked ; if they have to have food service with the bar. Mr. Gintoli replied the bar is over the baggage section, i they can use the elevator to bring food to the bar. i Mayor Williams added, the liquor license does not require food'to be served in the bar. Councilman " Ackerly asked if the building was sufficient for expansion of the upstairs. Mr.,•Girt03i replied no, the upstairs was designsd fur 700 lb. ion the eernlcr,.'0 ' of lb. for the Wicc. rt would cost a great deal. swarner noted the stairs are enclosed in } Councilwoman glass, what is the roof? Mr. Giatoii replied he is to have a second means of egress. There will _ - - required be a glass -enclosed corridor. Councilwoman Swarner asked if glass wag more economical. Mx. Gintoli replied yes, but cleaning will be more expensive. ... .... Councilwoman swarner noted the Banco Bldg. has a problem with egg throwing. Mr. 0intoli explained the amount of glass on the fat floor would be lees than Mayor Williams noted most of the damage i there is now. now is done the bar. The upstairs bar will have new toilets and the bar will be responsible for those in i ---- — = --- - --.e j._ ase .to bheeir cause�it is Tuned almostbeen test -aoatinua11yvandalism AAirport-Manager. - - - - — -- -- -- --- y Ernst noted FAA has been saying they will be out by April 24, they have not moved any equipment into the I ;.------ ---._, ._-: - - - - --- - - - -- - - -new-building-Yet.----- -- - -----------.. t i f ti C� ,• i ' C �• t�� i J KENAI CITY COUNCIL J NOVEMBER 18, 1987 I PAGE 3 MOTIONS Councilwoman Monfor moved, seconded by Councilman Aekerly, to have Carmen Gintoli proceed with the plan we have in front of us regarding the airport renovation. Motion passed by unanimous consent- C. PUBLIC HEARINGS i C-1 Ord. 1219-87 - Amend. KMC Title 14 - R/V Definition of Vehicles and R/V Parks . MOTIONS Councilman Ackeriy moved, seconded by Councilwoman O'Reilly, to adopt the ordinance. There was no public comment. Councilwoman Swarner asked, would it be against the law for a friend or relative to visit for a short time and park on the street by your house? 71tty. Rogers replied yes. Councilwoman Swarner repaied, that is not what the City wants. we did not want people living on the street for months or by the bridge but this is against the residents having visitors at their household. ; the reside Director Brown noted City Manager Brighton is { not here this date, but wanted to speak regarding this. He asked Council to postpone action till Mr. Brighton 6 could speak. Atty. Rogers said he opposed the ordinance. There are other reasons from the legal standpoint. It has been back and forth many times. It comes from P&Z. He has cleaned it up many times. It is in appropriate format. MOTION, Tablet councilwoman Monfor moved, seconded by Councilman MaComsey, to table the ordinance to the Jan. 20 a meeting. VOTE, Tablet {1{ Motion passed by unanimous consent. f + C-2 Ord. 1239-87_- Amend. KMC - Kenat Bicentennial f _. Commission C-2a SubstLtute Ord. 1239-87 i MOTIONS �. Councilwoman Monfos moved, seconded by Councilman - - MaComsey, to adopt the ordinance. PUBLIC COMMENTS a. Brad Braun, Land Owner in Kenai. He supported the �J ordinance. There is n place in temporary committees for non-residents. He served with 3-4 y jI ..,, non-residents on the Old Town Committee. ?- residency permanent commission should have . - - -- - -- - - - - - -requirements-. - --Councilman Mocome _ t - -- - - y he o mmLesion.. Braun was interest! n serving on o - Mr. Braun replied yes, but if he cannot he would --_�—----------------._ .- -be-inteseatad in_contributing inert.-- - �' MOTION, Amendments -: - +5' C r- KENAI CITY COUNCIL 1 NOVEMBER 18, 1987 PAGE 4 CouncilwoMa omsey,mto substitute the an mnfor moved, sordinanceyCouncilman with Ord. 1239-87, Substitute. VOTE, Amendments f+ Motion passed unanimously by roll call vote. Councilwoman Mentor said we need the expertise of i9Nr peoplo that live outside the City. Atty. Rogers .- oxplained the substitute added the 4th WHEREAS, and cleaned it up. Councilman McComsey asked if it was to r sunset after 1991. Mayor Williams replied he envisioned switching emphasis from the Bicentennial Commission to an operating commissiondepending on the Goals i objectives._ At the present time work on the commission would be completed with the celebration. Councilman McComsey asked if it should be in the ordinance. Mayor Williams replied, it could be put in at any time. He added, he will make every attempt to limit the number of the non-residents to a minority. Council has the prerogative to remove any suggestions. Councilman McComsey noted there are grants available for this, Administration could start on these. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. D. COMMISSION/COMMITTEE REPORTS D-1 Planning 6 Zoning None 0-2 Harbor Commission Harbor Commission Chairman Quesnel reported 4 representatives from Kenai attended the conference of Harbor Masters in Homer. He was there 4 days. They reviewed the actions for the State of Alaska for the past year. Representative from the State, Customs, U of A were there. Update of the fishing industry in j Homer and the economic impact were discussed. He asked them to have a conference in Kenai. He would like to attend a meeting of various people from the fishing Industry the•?.nd week in 0ea. He asked Council to authorite t2'00-f300. Ile spoke to the Corps of Gngiijeers regarding oxna+inattorr and ns1rrvcy of har'aor rad river dredging of suat,11contrek alto wix%rern P�-nrka. He hPs a letter to the'Corps: Of Sieg:.+,e:+%+. askiliq for preliminary survey of Kenai River regarding dredging opposite Salamatof to make a deeper basin. It will take 2-3 years to develop- The preliminary will be 2-3 months. He needed permission to do this. They have asked the 1991 conference be in Kenai as part of the Bicentennial year, the lot week in Nov. They took a tour of the Homer ioo house. Last year it ran all (, summer and could not keep up. He has asked the Harbor Commission to review this for Kenai. 40 truck loads were sent to Kenai because we did not have any. The free trade zone is not working out in Valdes. A letter was written by a Washington State professor regarding port authority. --There arse -a .lot of things to consider onierenoeves cube iohsitkapn Xcivea�in so.Alaska. but t The a ye ------ ---- - -.k -- - - - - - aturgelewski- has- said- money- U avalieblo for harbor- -- -- L___ 2,, improvements, but it would be innovative financing: -- - - - k 4 ,t I.: ;7. it �Y KENAI CITY COUNCIL NOVEMBER 18, 1987 PAGE 5 MOTIONS Councilwoman Monfor moved, seconded by Councilman Mccomsey, that the appropriate amount of money be sot aside for this gentleman, for the meeting regarding economic impact on fishing. Motion passed by unanimous consent. Council agreed to have an ordinance prepared regarding Corps. of Engineers doing study on dredging. Mayor Williams said, regarding dredging in front of Salamatof. was there any discussion regarding dredging at the mouth of the river? Chairman Quesnel replied it was discussed. They have sent a letter to the Coast Guard regarding arr$nging the lights at the mouth of the river for the deepest part. Chairman Quesnel said regarding tourism. The harbormasters noted out -of -the -City fishermen come into the area and drop more money than the tourists. I Mayor Williams said regarding port authority: Was this directed to the Borough and Borough -wide authority? Chairman Quesnel replied no, it was directed to Kodiak. Mayor Williams said regarding the ice house. He asked the Harbor Comm. to develop a plan for an ice house, a staging area and develop coats of further expansion. Mayor Williams said regarding the 1991 conference in Kenai. it would be worthwhile to have all groups and comm/comm extend invitations for meetings in 1991. Chairman Quesnel noted there will be 60-70 people here on this. D-3 Recreation Commission i Councilwoman O'Reilly asked if, at the plant test site meeting, viable plants for bluff areas were discussed. Recreation Director McGillivray replied no, it was for small plants and grasses throughout Alaska. He noted Councilwoman swarner attended the meeting. Councilwoman Swarner said they have tested at the airport. some did well that were not fertilized for 4 years. Mr. McGillivray explained part of the problem is the bluff is Band. The plants were started in good soil. ! i 0-4 Library Commission Councilman Ackerly submitted his support to the Commission regarding censorship. He supports self -censorship. He is opposed to books being removed from the library• if people do not want to road these books, they do not have to check them out. 9-9 Council on Aging �I None i 0-6 Airport Commission _.__.... I _Airport manager- Ernst- soported there -was a meeting - ov._ 12, the airport renovation was reviewed. Mayor - - - - - -- Williams noted he spoke to Son. Stevens' office regarding -Air National -Guard and some rumors he -ha --------- - 4 -- - ---..---- — hoard. The subject is alive and well in Washington and i I I KENAI CITY COUNCIL NOVEMBER 18, 1907 j PAGE 6 t!' Alaska. It may be soma time in the futuro, the big percentage of answers will be after the Federal budget and Gramm Rudman bill actions arc fully felt- D-7 Economic Development Commission �I i Nano l D-8 Miso. Comm/Comm {: Councilman McComsey spoke regarding Beautification -_ - Comm. He suggested using the extra railroad ties to - % improve the Welcome to Kenai sign. Mayor Williams suggested placing in the Triangle Parks 111791-1991 - r 200 years" in white quartz. 1 - _ E. MINUTES - - - None F. CORRESPONDENCE P-1 Chamber of Commerce Council Representative Meet,with . Chamber Meyer Williams suggested all Council members who are f f able come to the meeting, also the general public. } F-2 AK Statewide Private Industry Council - Availability of r- Job Training Partnership Act Funds 8.3 U of A, Fairbanke - Lease for Lands for Mining 6 t. Petroleum Fire Service Training F-4 LOPD - Pertaining to Gambling within Alaska _- P-5 BLM - Lands Included for selection, CIRI Approved by Consent Agenda ; 0. NEW BUSINESS 0-1 Ord. 1241-87 - Increas. Rev/Appns - Congregate Housing Facility - 1161,500 0-2 Ord. 1242-87 - Increae. Rev/Appns - Capital Fund Project - Design of 6 Proposed 1988 Road Projects - $261,500 0-3 Ord. 1243-87 - Inareas. Rev/Appns - Repair of Police f vehicle - $3,738 ' 0-4 Ord. 1240-87- Amend. KMC - Provide for Uniform Penalties Throughout Ccdo i a ', i :�pgro•+�!!. b0 c%;naon;. Agenda. f ; 0-5 Bills to be Paid, Bills to be Ratified r �.3 MOTION: Councilman Ackerly moved, seconded by Councilwoman - Mentor, to approve the payments as submitted- x Notion passed by unanimous consent- a 0-6 Requisitions Exceeding $1,000 - ' MOTIONt j -by -Councilwoman - - - -- --- ----- a dad to approve the requisitions as submitted. Kantor, Motion passed by -unanimous consent: - - -- - L fs KENAI CITY COUNCIL NOVEMBER 18, 1967 PAGE 7 ADDED ITEM, Executive Session: NOTION Councilwoman O'Reilly moved, seconded by Councilman McComsey, to adjourn to executive session - in conformance with Alaska Siatute and Kenai Municipal Code - for mattors, the immediate knowledge of which would clearly have an adverse affect upon the finances of the City. Motion passed unanimously by roil call vote. COUNCIL ADJOURNED FOR EXECUTIVE SESSION% 8s25 PM. COUNCILWOMAN MONFOR LEFT: 900 PM. COUNCIL RETURNED FROM EXECUTIVE SESSIONS 1000 PM. Mayor Williams reported on the Executive Sessions matters concerning the integrity of the City were discussed. Because of the great number of leases involved in the City there is a need of establishing a criteria for all lessees. in order to maintain integrity. a) All leases, when in arrears, will be turned over to the Legal Dept. from the Finance Dept. and shall be handled as Forcible Entry and Detainer. b) Regarding the Burnett lawsuit and our cross claim, Atty. Rogers is directed to maintain the status quo and bring further pleadings to Council in executive session. a) Regarding NB-155 (Utility Relocation), Council has directed Atty. Rogers to maintain the legislationition and that willcaffecteourrbest toward Atty. Rogers added, that would be in oplcoLtion to any legislation that would shift the burden from municipalities to utilities. mayor Williams noted all matters will be handled by Council in executive session. Atty. Rogers asked that it be noted in the record that Finance Director grown was at the executive session. Atty. Rogers & Finance Director Brown (as Acting City Manager) were in attendance, one council member was absent from the meeting and the executive session, and Councilwoman Monfor left about 2/3 of the way through. I. AUMINS=STRATION REPORTS I-1 City Manager None I-2 Attorney None I-3 Mayor Mayor Williams noted he was elected Secy/Treas of the Alaska State Conference of Mayors. The Mayor of Cordova is Chairman The Mayor of Kotzebue is Vice -Chairman. Their next meeting will be Jan. 21, I-4 City Clerk None t 0 0 l 1 KENAI CITY COUNCIL NOvEMBER le, 1987 PAGE a 1-5 Finance Director None 1-6 Public Works Director Nono 1-7 Airport Manager None J. PERSONS PRESENT NOT SCHEDULED TO HE HEARD a. Councilwoman Swarner. Regarding the AML Conference in Anchorage. she would have preferred to meet with Council before policy section meetings and make sure all meetings were covered. She enjoyed the Newly Elected Officials meetings. b. Councilwoman ,cteriil She greedthe NewlyEledoffcas meetings were good. c. Mayor Williams. This year's AML Conference was the largest ever, over 600 in attendance. d. Atty. Rogers suggested next year Council get the agenda in advance and have the delegates appointed from Council to go to the meetings. Clerk Whelan noted the agenda is in the AML newsletter. ADJOURNM=s Meeting adjourned at 10%40 PM. Janet Whelan City Clerk • k, r _ I i �r L A- P. STEVE COWPER nOVERNOR STAT!1' OF .A.I.AN KA OFFICE OP THE OUVERNOf+ JUSBAU November 3, 1987 The Honorable John Williams Mayor The City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: It was a pleasure to finally have the chance to spend some time on the Kenai Peninsula. I am writing to follow up on your request for help to secure a land and a water resource grant for a wildlife viewing area. As you are aware, water resource grants are funded through the Land and Water Conservation Fund which is administered by the Department of Natural Resources (DNR). An open selection process to solicit applications occurs once each year. This year we solicited applications in July and re- quested that all applications be submitted by September 30. 1 understand that you have already submitted and discussed your grant application with•DNR staff. I would encourage you to continue working with them on your grant application. I wish you luck in your efforts to acquire state land for a wildlife viewing area. Please let me know if I can be of Furth ssistanc i ti i I I i i I i 1 i 1 i i erely, a!w _ Steve Cowper - .. - - -- - - ----- --1 NO Governor i Ic - a STEVE COL DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES P.0JJJN, onusK► 99e11.2500 PHONE: (907) I86.3800 OFFICE OF THE COMMISSIONER / October 28, 1987 The Honorable John Williams " y City of Kenai ti c�"2VG 210 Fidalgo �0 Kenai, Alaska 99611 Dear Mayor Williams: This is in response to your September 22 letter regarding the construction schedule for the Kenai Spur Road widening project Please feel free to pass these comments on to members of the City Council. Based on input gathered at the September 3 meeting you attended between DOTAPF staff and members of the Kenai Regional Transportation Study Committee, local elected officials and administrators, we have made adjustments to the proposed funding schedule for this project. Representative Navarre, and aide to Representative Swackhammer and Senator Fischer were also present at this meeting. The following chart shows what was originally proposed and the corresponding changes as a result of the meeting. KENAI SPUR FUNDING SCHEDULE TASKS SCHEDULE PRESENTED SCHEDULE ADJUSTMENTS BY DOT&PF (RESULT OF MEETING) Reconnaissance A $200000 FY'90 $200000 FY'89 Engineering/Envi- Expected Expected ronmental Design ,i Right -of -Way $500,000 FY191 $500,000 FY190 Expected Expected 1 Utilities $200,000 FY'91 $200,000 FY'90 Expected Expected Construction $11,785,000 FY'92 $11,785000 FY'91 Alternate $11,785,000 FY'92 Expected This project is being developed as a federal -aid highway -pro ecti - __ the reconnaissance phase. The reconnaissance phase location report will be contrasted -this- fall- and -will e - - - - - - completed by the fall of 1988. lOA.T1�N ■ Manor Williams -2- October. 28, 1987 This report will be provided to the department's environmental section for development of the necessary environmental document, public hearings, review of the documentfs# selection of the alter- native, and design approval. This process could take up to two years to accomplish depending on the complexity of the route selection, technical reviews, issues raised during the public hearing process and the time needed to resolve these issues. The environmental phase and design approval should be completed by the fall of 1990. Final design, right-of-way acquisition, and utility location would be initiated once design approval is obtained. Right-of- way and utility location could be started once the final route survey establishing the limits of the project is completed. Depending on the complexity of the design, the amount of right- to be acquired, and the difficulty in obtaining the right- of-way of-way, this phase could take up to two years to complete- Given these assumptions, construction would be funded in FY192 with actual construction to begin during the 1992 construction season. If the selected route alternative proves to be less complex and there is not major realignment and reconstruction, the project �'" could reach the construction phase sooner. By moving the design, 7 right-of-way, and utility phase funding ahead one year, and by placing the construction funding as a FY191 potential alternate is project, the construction could possibly be accelerated. However, this will also depend on funding availability and other project priorities for FY191. - t The department's Six -Year Capital Improvement Program is reviewed and updated annually. The Kenai Spur widening project will be monitored closely, Be that as the project is developed, the scope, time requirements, costa• and funding schedule will be refined and expedited if possible. Thank you for your interest in this project. Please contact me or William R. Snell, Regional Director for Central Region, at 266-1462 if you need any additional information. sincerely, �y. Mark S. Hickey Commissioner - !�- cc: William Brighton, City Manager. City of Kenai office of the Governor r Robert A. Evans, Legislative Liaison, William R. Snell, Regional Director, Central Region The Honorable Paul Fischer, Alaska State Senator The Honorable Jalmar Kerttula, Alaska State Senator - - =----- --- ---- - - } The Honorable Mike Szymanski *-_Alaska- _State_ Senator The Honorable Bette Cato, Alaska State Representative Navarre, Alaska State Representative _ ____ I.The _ __ _-The_Hor=a_le_Mike Honorable C.E. Swackhammer, Alaska State Representative The Honorable Jim Zawacki, Alaska State Representative 11 r i r 0 '.'.6 -�. l L (� �1�1 STEVE COWPER, G VERNOR J DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES JUNEAU. AIASKA 99911.2600 PHONE: (007) IBS 3000 OFFICE OF THE COMMISSIONER October 28r 1987 ��Zg3031•I�,3� G � � j j The Honorable Jay Kerttula II Alaska State Senate - - i Post Office Box 1009 81ri9�g� Palmer, Alaska 99645 Dear Senator Kerttula: dence from Mayor Thank you for forwarding gthecent constructionnschedule for Kenai `;-,- •' John Williams Spur Road widening project. Asa result of a September 3 meeting in Kenai betwen DOT&PF and osed area representatives, wvehave enclosed mymadejresponse to Mayorustments to therWilliams funding schedule. I ha which includes a chart reflecting the proposed funding schedule for this project. Please feel free to contact me if I can be of further assistance. Sincerely, i, AC Mark S. Hickey Commissioner Attachment cc: Susan K. Fleischhauer, Legislative Liaison William R. Sne11,.Regional Director, Central Region W. Keith Gerken, Deputy Commissioner, Operations 1 a4faaga Acuatlon and -( atk c 4ssoclatlon RtQ Box 102664 Anchorage, Alaska 99510.2664 a ilm November 3, 1987 Mayor Jilin J. Williams �no �Pidalgo Kenai I AK 996U Oear MMW Williams+ It gives as great pleasure to infom you that tcayo McGillivray has been cdWSM to receive the Alaska Recreation and Park Association (A.R.P.A.) Psofessional bard this Year. We feel that Mr. 1Ndaillivray has aon- ftibuted a great deal to furthw the ashen of recreation and parfcs statewide while serving an the A.R.P.A. Hoard, and during his tezm as President of A.R.P.A. from Febrtumy 1985 to Septmber of 1986. We were honored to present him with this award at our Annual Confer - am en October 23, 1987. Y+ Mazeika, ident Recreation and Park Assoc. jMtkas Kayo McGillivray i I i , i i t 1 4 1 1 --- - --- -------------------- -- - -- - ��J�atl�is jot JosOA L F x L a o o F—V O STEVE COWPER DEleARTMENT OF' 11TATI[TKAL RIPSOVltl'Eti P.O. BOX 7091 DIVISION OF OIL AND OAS ANCHORAGE, ALASKA 99510.7034 October 28, 1987 2�Zj28zs30��� l h . 't O �I CALL FOR COMMENTS A ;�rs Proposed Oil and Gas Lease Sate 69, Cook Inlet 9 1� The Alaska Department of Natural Resources, Division of Oil and Gas���r requesting public comment on proposed Oil and Gas Lease Sale 59, Coo which is currently scheduled for January 1990. Comments are requested for the area outlined on the enclosed map. The proposed sale area consists of state onshore and offshore lands in the Cook Inlet region, approximately 4.6-million i acres. However, only a portion of these lands will be available for leasing. Petroleum potential of the area is considered low to moderate. - - Earlier this year the Department of Natural Resources requested public comment for new additions to the state's five-year oil and gas leasing schedule. Included in the state's list of proposed sales was a proposed exempt acreage sale in the Cook Inlet area, Sale 67A (June 1989Exempt acreage sales are allowed under AS 38.05.180(d), which allows the teasing of lands not on the five-year leasing program if the lands were previously subject to valid state or federal oil and gas leases or are contiguous to land already under lease. ;s While the current planning areas for Sale 59 and Sale 67A are the same, theme +� final acreage composition for each sale will be significantly different. division anticipates that one sale will be composed of acreage primarily in ! the northern Cook Inlet area and the other primarily of acreage in southern �} becauselet it isenot subject too heer, will be more ac acreage restrictions dplaced onan Sale an exemptAsale. f Because the planning areas for Sale 59 and Sale 67A are the same, the department recognizes that comments on the two proposed sales will be f similar. Therefore. -comments received in response to the August 13, 1987 Call for Comments far proposed Sale-67A will be included in the administrative a record for proposed Sale 59; it is not necessary to resubmit those comments. t 4� The proposed sale area encompasses important habitat for commercial and sport fishing, as well as sport hunting. A11 five species of North Pacific salmon } are fished commercially in Cook Inlet. Several anadromous streams exist I within or near the proposed sale area. The area also provides Important habitat for moose, black and brown bear, caribou, seabirds, waterfowl, and ( marine mammals. Endangered species known to occur in the proposed sale area Y include the American peregrine falcon, and finback and gray whales. -----=---- - ----- `. s state and federal wildlife refuges* -game_ number --of I sanctuaries, and critical habitat areas exist within or adjacent to the ----- - ---= -- r- proposed- sale --area. - These- areas- provide -important -fish and wildlife habitat, {' and are commonly used by area residents for recreation. I, tw, i t r 1' Zi 1 - - `- The proposed sale area lies within the Municipality of Anchorage or the_- Matanuska-Susitna or Kenai Peninsula boroughs. Residents of local and other Southcentral Alaska communities, as well as visitors, are the principal users of the area's resources. _ Much of the proposed sale area lies within the state's coastal zone, and activities on leases in that area must be consistent with the Alaska Coastal Management Program, including approved district plans. Both the Municipality of Anchorage and the Matanuska-Susitna Borough have approved district plans. The Kenai Peninsula Borough is developing its plan. Sale 59 was added to the state's five-year oil and gas leasing program in 1986. No decision has been made on whether the state will hold the lease sale. This call for comments is part of the process wherein the department gathers social, environmental and economic information on which to base a decision; it will be followed by another request for information in August 1988. A preliminary finding for proposed Sale 59 is scheduled for _'f publication in August 1989. Public meetings to discuss the sale may be held in affected communities following publication of the preliminary finding. Following public and agency review of the preliminary finding, a final finding r and decision will be issued if the Division of Oil and Gas determines that the proposed sale will best serve the interests of the state. The final'finding ` is scheduled for publication in November 1989. ' '{ The Department of Natural Resources will give notice in affected communities +� before the sale. This notice will explain the proposed sale terms. In j addition, if proposed Sale 59 continues to include acreage in the Municipality of Anchorage or the Matanuska-Susitna or Kenai Peninsula boroughs, the municipality and boroughs will be given notice and an opportunity to hold a hearing before a final decision is made whether to hold this sale. State and federal agencies, local governments, and the public are invited to comment on any aspect of the proposed sale. Comments on this proposed sale should be submitted to Pam Rogers, leasing d Manager, Division of Oil and Gas, P.O. Box 107034, Anchorage, Alaska 99510-7034, no later than January 15, 1988. i4 Attachment _ _ _ 097W 'R //I ANOW r772a/ Warim !a=dm 71 w a I I I. 14101111111111A : tL4-Md i i �j f - - UTaV■ COWPtA GOV 1 NNI.1P E oit A 1,AtiKA C11'rWr, OP THE GOVGPNOIA November 3, 1987 �. oy29303/.1a vc+ �t�OG�m The Honorable John Williams Mayor of the City of Kenai 210 Fidalgo ` .i�. Kenai, Ak. 99611 Dear Mayor Williams: Thank you for your letter endorsing the poasiblity of y opening a Governor's office on the Kenai Pennisula and the suggestion of possible locations. ~ This issue is currently in the Governor's budget consideration process. I will be out of the office until November 16, and will be in contact with you after that date. Again, thank you for your interest and your suggestions will be taken into consideration. i Sincerely, Charity B. Kadow �. Director E .. a Alaska State Legislature �O Senator Paul A. Fischer �" •s Senate District D t3 Juneau, Alaska 99811 Box 784 ox 784 . Alaska 99889 �f , (91)n 465-3791 (907) 282-9W State Senate 282-9289 288 N �Z93931• 123�5 November 4, 1987 A0, �� 4� < John J . Wi i 1 i ams , Mayor City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mayor Williams: Thank you for your letter and enclosure outlining Capital Improvement Project requests for the City of Kenai. 1 �♦ M •ep Qm V q 4 � a�12�� r • • rye • •{�yr • ' ... �_... .. .� � ; p �O Opp Npp y 1pa+� �p Oppp.� �Opp ,. . OO O yPO1 N N pW p�� W W O P Np 8 OW Yf 4� V -- i � """� I 1 ��=�` 14 Suggested By: Police Department CITY OF KENAI ORDINANCi 1284-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTION 13.30.010 TO DELETE TITLE 28, OF THE MOTOR VEHICLES OF ALASKA STATUTES FROM THE KENAI MUNICIPAL CODE AS INCORPORATED BY REFERENCE THEREIN. WHEREAS, the majority of Title 28 offenses are State offenses prosecuted as misdemeanors; and, WHEREAS, the Kenai Municipal Code does not provide for penalties which are commensurate with appropriate punishment for some misdemeanors; and, 46.1 13 of the Alaska Administrative Code is adequate -- WHEREAS, T e to enforce traffic regulations within the City of Kenai. ca i NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, a. ALASKA, that KMC 13.30.010 is amended as follows: 13.30.010 Mate TraFfic Regulations Adosateds There is except as hereby incorporated by reference into this Code, otherwise provided by this chapter, [TITLE 28 - MOTOR VEHICLE OF THE ALASKA STATUTES (1978), AS WELL AS ALL SUPPLEMENTAL LEGISLATION AND REGULATIONS PROMULGATED THEREUNDER TO THE $FFECTIVE DATE OF THIS ORDINANCE, INCLUDING BUT NOT LIMITED TO] Title 13 of the Alaska Administrative Code to the extent that such provisions are in effect on or—foilowin the date of this ordiaance. i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December, 1987. f x?I JOHN J. WILLIAMS, MAYOR M '1 gi 'A r �—y Suggested by: Administration CITY OF KENAI ORDINANCE NO. 1245-67 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTINATED REVENUES AND APPROPRIATIONS BY $1,000 IN THE COUNCIL ON AGING - TITLE III FUND FOR TRAVEL EXPENSES. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $1,000 to be used for travel expenses for employee training. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenue and appropriations be increased as follows: Council on Ain - Title III Increase Estimated Revenues: State Training Grant $1,000 Increase Appropriations: - Community Services Transportation Grant $1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of December, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, city Clerk First Reading: December 2, 1987 ! Second Reading: December 16, 1987 Effective Date: December 16, 1967 Approved by Finance: _ e (11f25/87)— - ---- -- - - ff I 7 L SUITE 600 6330 OLD COURTHOUSE ROAD VIENNA, VIRGINIA 22 OFFICM *.CA!0,LAr1"T1 .0 October 23, 1987 Dear Friend: As a local public official, you have a very real stake in legislation being considered by Congress to "deform" or "reform" the Davis -Bacon Act. Because of the Davis -Bacon Act, even small amounts of federal funding can greatly escalate the cost of public construction projects and make it impossible for you to insure effective use of local funds and efficient delivery of public services to your constituents. The House committee on Education and Labor has reported a bill, HR 2216 by Reps. Austin Murphy (D-PA) and Augustus Hawkins (D-CA), which would "deform" the Davis -Bacon Act. The principle problems with this bill are that it would: • Expand Davis -Bacon coverage to include work being done to prepare buildings for government leases. • Expand the right of unions to challenge Davis -Bacon Act wage determinations. • Allow wage determinations to be imported from other j.areas of a state when local wage surveys are not current* .`j 9 Restrict the use of "helpers" on construction projects. Ii At the same time, true "reform" legislation, HR 2328 by Reps. Charles Stenholm (D-TX) and Arlan Stangeland (R-MN), is languishing. HR 2328 would: -a Raise the -threshold forapplicationof .the Davis --Bacon Act to $1 million. Establish a range of wages prevailing in a community rather than a single prevailing wage. [in Page two r`. • Expand the establishment of wage determinations for helpers on construction projects. • prohibit the importation of urban wages into rural areas. HR 2328 will probably be offered as an amendment in the rm of a substitute. •The vote will be very close. The member of Congress who represents your district, n Young, will be a key vote. The recent decision by the Attorney General's office ich excludes most Urban Development Action Grant (UDAG) and mmunity Development Block Grant (CDBG) funds from Davis -Bacon t coverage has given the union bosses and their friends in ingress a strong new motive to push this bill and attempt to ,e it as a vehicle to reverse this decision. I expect it to brought up in the near future. It is essential that Rep. Young hear from you about this isue immediately. I'm enclosing some information. Please let me know if I in be of further assistance. S'n rely yours, a d Y. en olm President Enclosures 8. S. I wocil.d appreciate copies of any letters you send on this - issue. 7 L .-� .A IM j MRMAL VIGILANCE If "S PRIC! OR LIOlIITr .© A A►onihly rapar1 to the numbm 01 the PYbItC SOn-cO fiesnreh COYnell $=Old Counhou" Rood. Suite 600• Vienna. Virginia 2216017031190.O700 —I P Volume 12, Number 9r August 1987 Dear AAUCO Members { DAVIS-BACON DEFORM ADVANCES IN HOUSE j On August A, the House Committee on Education and Labor marked up and reported out -- - - - HR 2216, the bill -to "deform" the Davis -Bacon Act by expanding its coverage and making it even easier for the unions to manipulate it to their own ends. - HR 2216 would appear to give some relief from the Davis -Bacon Act by raising the threshold for application from $2,000 to $15,000 for repairs and $50,000 for construction. But, only about 5% of all government construction spending is for contracts of lees than $50,000 and many of those contracts are for repair work so the amount of money involved is very small. is "lose" the union bosses have added some new coverage. HR To compensate for this , __ _ _ _ .. _. - __ � .mow eA+ to wnrk dens to 1D2'eOar@ i DullainRs vor lea0 K UY -vaav R�.a=•�••�••-• i The real story on what HR 2216 would do for the union bosses is more evident from j the amendments which were rejected by the Labor Committee during mark up. _:. right of "interested parties" (the unions) to sue HR 2216 would greatly expand the i to the records for noncompliance. This would ive the union bosses access payroll filed by the contractor, which include the name, address and rate o pay of each, fy ...-. _... employee. This would be an incredible organizing tool for the union bosses. Rep. Steve 1 Bartlett (R-TX) offered an amendment to delete the names and addresses before the " records were turned over to the unions. The amendment was defeated. ;. - This provision will encourage the unions to file frivolous hara5amsnc suite. Rep. K ` Dick Armey (R-TX) offered an amendment to require the losing party: on nouc4m- plianee suits to pay the other party's legal costs. The amendment was defeated. r_:;..:..._...' Rep. Harris Fawell (R-IL) offered four amendments which were generally intended to clean up its administration and lessen its worst effects. All these amendments i` were defeated, too. In another item in this issue of Forewarned!, I report on an important new ... . Attorney General's decision about the application of the Davie -Bacon Act to some federal -grant- programs. T` -'-- -: --`-- - - - - Let me -tell -you -that -the union bosses ire furious --about this-lieci�ion and the are ' terribly afraid it might be applied to other programs. You can bet that when HR 2216 reaches the House floor, there will be an attempt to _ amend it to reverse the Attorney General's opinion. That's jut one more reason I think it will come up soon and that the pressure on s o _ Congress to cave in to union boss demands will be enormous. -J r The next battle on the Davis -Bacon Act will come when HR 2216 reaches the House floor, which could be any time after Congress returns from its recess on Sept. 9 1 In July I sent you and other AAUCO members petitions urging the defeat of HR 2216 and passage of the real reform bill, HR 2328 by Reps. Charlie Stenholm (D-TX) and Arlan Stangeland (R-MN). Response to this petition campaign has been very strong. All of these petitions will be sorted -and delivered to your Representative when ongress reconvenes just after Labor by. I expect HR 2328 to be offered as a substitute amendment when HR 2216 is considered.. You can be sure that I will report the vote in Forewarned!. While all this has been happening in the House, there have been some very positive developments in the U.S. Senate. Senator Orrin Hatch (R-UT), the ranking minority member of the Senate Committee on Labor and Human Resources, has introduced two bills which would save the taxpayers money and reduce government interference. 'S. 1555 would raise the threshold for application of the Davis -Bacon Act on military construction projects to $1 million and on all other contracts to $100,000. This is a reform which was endorsed by President Reagan last year. The second bill is S. 1556 which would do the same thing for the Service Contract Act (SCA). The SCA is a prevailing wage law like the Davie -Bacon Act but it applies to contracts for services instead of contracts for construction. Perhaps of even greater significance is a new bill by Senator Gordon Humphrey (R-NH), S. 1621, which would raise the Davis -Bacon Act thresholds to $1 million and $1000000 like S. 1555 but would also codify the regulatory reforms that Secretary of Labor Raymond Donovan achieved in 1984. These bills are important, if for no other reason than because there have been no bills introduced in the Senate like HR 2216. This indicates that we still have a strong hand on this issue. I£ I were the union bosses and their cronies in -the leadership of Congress, I would have to worrj in the back:o£ m r,mind that by putting HE 2216 on the House floor or by passing - it -and sending: it to .the .Senate ,.they were opening Pandora's box. The American people are sick and tired of wasting Billions of tax dollars every year to mollify a few powerful union chieftains. You can bet that when the votes are cast and the dust settles, all this Information will find its way to the hands of the 1988 candidates who are running against those who toe the union line by continuing to support this wasteful, Inflationary and discriminatory law. AAUCG will be sure of itl 3 L I I Tim AAbttt(WTOM Pow . FZ Who UMV AMUsr 12,1967 4inion Alters , e Rules on U.S. ftojeects } �� ;II • 1 F UWXr .n that who UDAG sad CDBG funds - -- - are uteri for "aetm" which are In. � 'tegr* and pnvimat* rented" to oonattua" due construction Wai an most ncaiw Deviu 4sm wag- es. HUD Secretu7 Samuel R. of theJi�?4anr +w toots poslad to the Justice Department. i saelft a Wiftsal al the deddoo. I;opdph acid "asap devebpen and pwa *was w"g for bear' aevemmllkta tbst hsw HUD i 'A NM of new con- ('�'! strhtction sad nAsbWtatiorr' wgrin• The Justice oUicnl's daemon ' could he" 'a broad impact" It the la• co Of, other fed agenda laws e shame to HUD's. Logsdon said. Some sgeades► such as the Dddemae a�wardY�s Transportation saalwlly fo ti construction projects. One source j said. hovrews. that scow • - - appQa onhr to HUD eoatracte• ' Union, Wets will fight tko'oOkm. � esi ! Terry R. YA an attaenay W �f . reaaedng do MIO s Wilding and } conuetueriouu trades Melon.'We will he for s dbputa'' touched oU by the�op on, sn whkh to base s nvw s4 he sold. The Justice odAdal's do- 4 dolor Wave a substantive Issue" over wlstka Dwie•Baeon p wMans ' Ip* to f wakes an a rawa � dleftlel 408" of whether the At. Coopee's opinion's sun outrage" do rapeesom'm attack an Davin Sum that would return us to the rep d }l�b�udght eonttutora." aald Rex Hudesty. m MWIO spokesman. 4 L L I 7A F` 1 '� 11�111AY al NEAYY ! . COli,4TAUCiIOH i ' fMfalsN�olt. st. NONTHLY 72,000 , •al0i — — - NN l via -&con reforms the association had suggested to the House Surface Trans- portation Subcommittee earlier this yar, which included a minimum thresh- old of $250,000. AGC then called again D-B Repeal Is ma worm.* Act as -the only alu- "Onl True Reform" y, AGC bad earlier 'Moaned the Com- mittee statfthat it (AGC) reprds H.R. The Associated General Contactor. tadfyitt j before the Howe Labor Stan* 2216 as: (1) a reaction to the minor im, ptovem M that had been made In OA- dards Subcommittm said that it regards a new Davis -Bacon bill as a blatant vWBaaon administration, all of which have helped taxpayers and Construction prmeptive strike to prevent Any me10108- worker alike. during the past few year: M an attempt to forestall pending and (W rofotwts. Jack Mincher. Weber Construction, further administration improventena. all Denver, testified that H.R. 2216 Is Con• My to true reform in its provisions con- of which will help taxpayers and con- f strnetion worker alike; and,13) an ad- that the current threshold level i s certting coverage of leased property. ex. Pension of persons Covered to those off mission of S2000. established in 1935, is a farce the work site. more Costly wage praC• does. third•party Challenges of contract• Compounded by the bill's proponents' willingness to raise the threshold loci 52 ing agency actions. wage dispt tM limit- year after its initiation. to the $50.000 ing the use of helpers. and private payroll level. which has no relationship to the i formation diselosure- The hill also runs realities of 1987. _ n maw to the labor Department's at. "Nevertheless." AGC told the Cam- " tempts to reform administration of the mitten staff. "we welcome all initiatives. Aft however belat4 however flawed. that Mfaeher.president of- AGC of Colors-' will give .Cd:tgress•:and the taxpaying do. Building Cbspter,-.pointed out in phis public Me opportunity' co examine waste ` tatimony in May that raising the Davis. and abuse of taxpayer money and elimi- Bacon threshold to 530.000. As HX rate wasteful practices of which the Da- :. 2216 would do, is meaningless. AGC vWBaeon Act is a prime and glaring outlined for the Subcommittee the Da- oxample." � C , r J N-6 015 FDALGO, SUITS 804 y KENAI, AL.A15KA WW W 1 1 t•hAt rwo.", vi-soo:i lorr1l. P/W Mr. ---.a Anl. Cunt, td OV 1 " 1987 s�"r' � i//W sec. -.— V "i pijtlN3WCftEHpL -+{,] Bldg aKll Chop November 16, 1987 t Mr. Keith Kornelis Public Works Director City of Kenai 210 Fidalgo Kenai, Alaska 99611 Res Kenai Boating Facility UuNtSu1.I Imui tIVL711VCtF10 IUCWRAL / CIVIL / PLANNING 180718133-35B3 PR01EaT.-&,8F g%L 6 Cc 11AJG��- N'� N��sanJ's RENugnir FUiC /i dd FiiN05 OVA r o"Acaai TV Dear Mr. Kornelis, Due to the Construction Contractor's failure to complete the Kenai Boating Facility within the contract time our work on the project has continued. As a result of the extra time spent on the project by the Contractor, we have reached the limit of our not to exceed contract with the City of Kenai. Secti-on 5.01.O1h(3) of our contract with the City allows for additional compensation in excess of the not to exceed amount when the construction contract is prolonged by 20 percent or _ more. A current tally ofliquidated damages shows that this project has exceeded the contract time by more than 20 percent. Thus I am requesting an increase in the not to exceed limit. Our original proposal anticipated a 16 week construction period for this project. The Contractor's original schedule anticipated work on the project from 10/1/86 to 12/1/86 and from 4/15/87 to 7/15/87 for a total of 20 weeks. We actually monitored project R,,.tivity from 10/1/86 to 12/9/86, IV23/86, 1/2/87, 2/10/87 to 2/11/87 and from 4/7J87 to present for a total. in .excess of36-weeks, ..over 2 1/4 times as. lung as our original ' 1 proposal: • . We initdally • beclan inspecting this I� project on 10/i/86 and we are continuing to provide services at present. j Please note that no change orders were required to complete this project and that the final cost is actually less than the bid I cost. Liquidated damages for exceeding the contract time have been assessed against the Contractor, resulting in a net savings to the City of *369000.00- 1 We have provided #9,¢$a�4 worth- of- ser-vi-ces . on._thi-s_. project-.., in. excess of the not to exceed amount through November 159 1987. -------------------- ----------- { {r� Sincerely, FOR euuM,t I&ull.� E1 8oN A. ASSOCIATES -4, WIL.L-I M Li. N rill Irvr.-----L„J Httormry public Wj ks ---U City Clerk ...—� Fintla -U W 1 i am is Nelson b Associates, P.E. Oriole) To-=�AU1111uha i rincipal wsnul UK C390 13"S' ---- -Ck--" E WMACONSULTIelson jQv\[�Associates BTRUCTUAAL / CIVCVG 818 FIDALOO• SUITE 804 KENAI, ALASKA 89811 ••,.•..•••+ice"- . ---" --"— ' •p 1'i!U!F C /J � �L'oan� November 24. 1987 1987 Keith Kornelis 1i:yraKnrsl •, . Public Works Director City of Kenai 210 Fidaloo u� FOR cu Kenai, Alaska 9961 i �r.��� b,cLl 1;.,: - --p City Iftr. —LJ attorney j &(-Pubila I cAs ----(J City Clerk Res A8712; COHOE & CORAL SEWER _ 0 FbIUI —Li --�- 1 TSuLmfttBy-�-+-w t Dear Mr. Kornelis. Coadl UK QNo Qf,s •----- rrt---- This is to confirm our discussion earlier today. In order to properly design the water and sewer extensions on Cohan, and 4 Coral, we need to verify the location and depth of the existing i lines, Since as -built information for the sewer line is not available, and incomplete for the waterline, we are requesting that the City of Kenai dig up the lines at the proposed point of connection so that we can record their location with a field survey. We will be available to record this information on { November 25, 1987 and November 30 through December 3, 1987. I would like to point out that it may be impractical to extend sewer on Cohoe and Coral. The existing sewer at the point of connection is believed to be relatively shallow. if so this will necessitate the construction of a lift station in order to extend the sewer main. I estimate the cost as follows$ i COHOE - 700 if 0 e55/lf $38,500.00 ' CORAL - 750 if A e55/lf 41,250.00 LIFT STATION - Lump Sum ThTAL FOR SEWER e129,5t0.00 �4 4, It would be possible to put the project out to bid without - - ion by making the location of the exposing the point of connect --. existing lines the responsibility of the Contractor. However, f this would leave an unknown variable in the cost of the protect I and would undoubtedly increase the cost of the project and may lead to the creation of change order situations during i construction. l Please advise -me how You wish to proceed. - -.: -- --- -- - - - --- -, - - -- - - - - - - - - - - --- - - - - - - - 8incerelY NELSON & ASSOCIATES WILLIAM J. _ Wi lam J. Nelson, P.E. s i Y ■ MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director SUBJECT: General Fund Revenue DATE: November 24, 1987 Below is a brief analysis of some major General Fund Revenue accounts: i4 property Tax Total Budget (including interest on taxes) $ 834,500 Total Received _ (794.000) Balance to be received 0-SM This is a small balance (less than 5%) and is expected to be received by year-end. Sales Tax Total Budget $ 1,750,000 Total Received 1,055,810 Sales tax revenues during the two quarters ending September 30 (our first two fiscal year revenue quarters) usually represent 53% of our total fiscal year revenues. $1,055,810 /.53 = $1,992,000. Therefore, it appears that f we will reach our budgeted estimate, and probably exceed it by perhaps 1I $200,000. j Taxable sales in the April -May -June, 1987 quarter declined 9.S% from the same quarter last year. Taxable sales in the July -August -September, 1987 quarter declined 3.6% from the same quarter last year. Combined, taxable sales are down 6.5% so far this year. j Actual sales tax revenue in 1986-87 was $1,978,000. The current year estimate of $1,750,000 was a projected decline of about 12%. While the trend still looks down, it's not as sharply down as we projected. For example, the percentage change in taxable sales between the July -August- i September quarter of 1985 and 1986 was a minus 10.6%. As previously stated, the same statistic between 1986 and 1987 is a minus 3.6%. i interest Revenue Invested monies (available to the General Fund) are approximately $1,250,000 more than anticipated, and interest rates are about 0.4 percentage points higher•than anticipated.- I expect interest revenue available to the General Fund to exceed the estimate by $125,000. Fish Tax I The estimate for fish tax is $150,000. Last year's actual was $167,000. The State pays the City 25% of the tax they collect from processors in the city limits. For calendar year 1987, the processors must report and pay the tax by March 31, 1988. The State distributes the money to us about -August,-1988 (it is.accrued.an-1987-88 revenue). I have no prediction, but can only assume it will be much higher than our estimate. 0 7-0 � o 779Ws .Cza-o. Ali n,L.rdtZo� -- ... rH 6 U .. _.r-O pp its. ------------ L 0 l i L r- z /Y ro i 1 ISER RESEARCH SUMMARY Institute of Social and Economic Research, University of Alaska Anchorage November 1987 R.S. 36 Aa ska"s Economy and Housing Market Alaska's housing market has been one of the most of jobs could increase by as much as 2.3 percent annually during that period. But an equally unex- - - - visible casualties of the current recession: plummeting pected crash in the price of oil --a crash that kept ± - sales, sliding prices, and rising foreclosures have dogged the market for nearly two years. We're all oil ricer below $16 a barrel throughout the P decade -could. mean essentially no job growth in _ eager for the economy to turn around and the house Alaska between 1988 and 1995. , ing market to recover. A new report by the University of Alaska Anchor. •Measuring from the economic peak of 1986 age's Institute of Social and Economic Research economic changes over the next decade and through the economic low point in 1988, our case that the current recession projects analyses bow housing policies of major mortgage medium projects will cost Alaska 10 percent of its wage and salary i lenders could influence the stability of the housing jobs, 8 percent of its real (inflation -adjusted) per - market in the next few years. ISER Prepared the sonal income, and 3 percent of its population. report for the Alaska Housing Finance Corporation. Figures 1, 2. and 3 show historical and projected The report assesses the probable range of economic change in Alaska jobs, population, and income change in Alaska in the coming years through three from 1980 through 1995. f #i0conomie scenarios -low, medium, and high --that future } incorporate different assumptions about the • Our medium case projects that population. jobs, l price of oil and other factors that will influence and personal income will begin rebounding after economic change. We consider the medium case the 1988 and will modestly exceed 1985 levels by most likely, if oil prices stabilize in their current 1998. Numbers of wage and salary jobs will be range. Major report findings are summarized below. about 1 percent higher than in 1985, the popula- tion 3 percent higher, and real (inflation -adjusted) • We expect the recession to end and the economy personal income about 2 percent higher. to begin growing again in the second half of 1988. Alaska's economy will grow moderately but steadily through 1995, led by strength in fishing, Figure 1. ALASKA WAGE AND SALARY EMPLOYMENT timber, tourism, mining, and- federal government 260 employment and by gradual recovery of the •• 4 petroleurn industry. 2e0 0 • Alaska's economic outlook is much less sensitive to 230 _ • otl price fluctuationsnow than it was when the • " • r current recession started -because we have now 220 �, • as to b lost so many of the jobs that were created y • 040 210 �endin g •- massive state government spending g of petroleum revenues in the early 19809. Within a band $2.00 � p � * • s 2oo '. above or below the current official OPEC price of I, ------:-- .--- ---- = $]&a barrel (in 1986dolli rs),the projected timing 1eo _--.--.--_-..-- ....._. and rate of economic recovery should vary little. 180 - - - - • Under our medium case projections; the number of '\ jobs in the state woaid Brow by an average of »o 88 87 Be88 89 90 91 9Y 93 94 j 1980 81 82 83 84 86996 about 1.4 percent annually from 1988 through Medium High tow • • • • care 1995. It the economy gr ows taster -and such faster cab Cam ., would be fueled mainly by a large and .r growth unexpected increase in the price of oil -numbers n. L L ,.. ,u k F: v l L Figure 2. ALASKA POPULATION 590 • • 570 • • • 90 550 000 woo do **#*#*** 510 • 00 490 470 j 450 Ain�I 410 1880 81 84 83 84 85 88 87 88 89 90 9/ 92 93 94 1995 - - . Medium •� 4114119 �� # * # : Gee Figure 3. ALASKA REAL PERSONAL INCOME (in 1986 S) 10 •• I• 9.t3 � �� � • to • • w 1040 •0 9 I �, ••'e•� 8.5 m 8 0 7.5 7 6.5 198081 82 83 84 85 88 87 Be 88 90 91 92 93 94 1995 i Medium ro HighCase • • • Cam * * # care Cote • 1ortgage lenders' decisions about selling off the thousands of foreclosed properties they hold will be the hey to the economic recovery or the contin. ued instability of the Alaska housing market over the next few years. The relationship is straight• RESEARCH SUMMARY INo. 361 Institute of Social and Economic Research S. Lee Gorsuch. Director University of Alaska Anchorage 3211 Providence Drive Anchorage. Alaska 995M 1110777 Mayor City of Kenai P.O. Box Sao— Kenai, AK L forward: at the extreme, if lenders try to sell their inventories quickly, housing prices will be further depressed, more homeowners will be forced iog, default, and lenders will find themselves with of more foreclosures on their hands. • Although the costs of holding foreclosed units are very high --in the neighborhood of $18 to $30 per day for each unit --lenders will benefit if they can manage to hold prices steady, even if it means holding the foreclosed units longer. They will benefit because by helping stabilize prices they will reduce future defaults. • Although many individuals and institutions have been hurt by falling prices, some Alaskans will benefit because they will be able to move into better -quality housing than they- could afford before. But a major barrier for those who already own homes is that many now owe more on their houses than the houses will sell for. Lenders may want to consider a policy that somehow allows those who want to buy better houses in Alaska to transfer a portion of their current mortgage liabil- ity to new homes. • The market for single-family houses will recover much faster than the markets for condominiums and other multi -family units. Our preliminl analysis indicates that once the economic recove i- begins, the inventory of foreclosed houses could be re -sold within a relatively short time without depressing prices. But the much higher propor- tion of condominiums. in foreclosure and the reduced prices of single-family houses suggest that to sell the inventory of foreclosed condomin- sums without further depressing prices would require several years beyond 1988. Editor's Note: The 130-pa9e sport sumniyrized here, Alaska's Economy and Housing Market, is available for 10 cents a page from 1SER; 3211 Arovitrence Drive, Anchorage, AK 99508.• phone 786.7710. 99611 Non -Profit Org, U.S. Postage PAID Anchorage, Alaska Permit No. 540 i 1' i 1 t i -ENFo -Y i awa Lfaguo t301 PnnsylveniaAvnuoNW Wahington, U.C. OM1fOts Pros'4arn �Fw000ns, OI 20004 CaIMC110rnlM cuuncaeoman of targa.0etwer.Caaaeo —/��--: Cities 12021828.3000 F,rat vir. MnadeM PSM18 P Plumb Gounr,Aur Putilvd. Mama SecMd Vice ft WON T-4G tMde Maps. Ptwam+. AruoN November 6, 1967 inurYdote Phil Pieedenl 1+arvyci G-Smaos Mapr. San AMMO 4iaa E.etuureWretlot Alan seal. Tot Voting and Alternate Voting Del M::V., From: Alan Hea•� is Executive Director Subjects Annual Congress of Cities, Las Vegas Convention Center# Las Vegas, Nevada This is to confirm your delegate or an alternate voting delegate designation legatetothe 1987 Congress of Cities. tinProcedures - You will vote on a revised National Municipal Poi c and other resolutions and for new officers andmembers Or the Board of Directors at the Annual Business Meeting on Wednesday, December 16, in the Las Vegas Convention Center beginning at 10:30 a.m. (check your program for exact location). To be eligible to cast a vote, all voting and alternate voting delegates must_ have a votin idyl ate desi nation form on file with the Credentials Committee, must wear a reg stsat on adae bearing a "delegate" or "alternate" sticker, and must resent an official votin card issued by the Credentials Comm ttee. Pre -registered voting delegates and alternates should receive��a conference registration badge with the "delegate" or "alternate sticker already affixed. ,.Delegates and alternates who will register for the Congress of Cities after -they active in -Las Vegas should report to the Credentials Desk (in the ;aegistration Area) to obtain a sticker for �^ their badge (if there is not one already affixed to their badge). Voting cards may be picked up by Credentialed Voting Delegates only at the Credentials Desk after 8:00 a.m. on Tuesday, December 15th. istration bad es and voting,.cards--must be dis la ed in ostler to n ants to the (loos uc n the Annual Business Meet n Only a certified voting delegates and alternates WIII be petMItted on the floor. All others will be restricted to the gallery. 1 Memo to voting Delegates Page 2 November 6, 1987 Each member city is entitled to from one to twenty votes to be cast through its voting delegate. Each state league Of munici- palities is entitled to twenty votes t delegates present bcast through its voting delegate or delegates. Voting to vote. No proxies are allow. Attached is a copy of the official Rules and Procedures for the Annual Business Meeting. Assistance in clarifying any aspect of voting procedures may be ser-ured from the NLC Credentials Desk or the Policy office throughout the Congress of Cities. Attachment - 7f: OFFICIAL RULES AND PROCEDURES FOR THE ANNUAL BUSINESS MEETING NATIONAL LEAGUE OF CITIES* 1. Call to Order - The President of the National League af Cities shall Call the business meeting to order. If the President is absent from the meeting, the call to order shall be made by, in order of successions a) the first vice president, b) the member of the Board of Directors selected by the Board i AW second vice presidents c) a of Directors. 2. Presiding Officers - The presiding officer of the annual business meeting shall be I the President or his successor an defined in Rule #1 or the Chairman of the Resolutions Committee at any member Of the Board of Directors or Nominating Committee recognized by the President an presiding officer for the purpose of conducting business. 3. General Rules 3.1 Separation^f floor from Gallery - The site of the business meeting shall be divided into & floor section and a gallery section. The floor section shall be further separated into an area for voting delegates and an area for alternates. No one shall be given access to the voting delegate section except as provided in these rules. 3.2 Delegate and Staff Access to the Floor - only certified voting delegates or their alternates, members of the Board of Directors and Advisory Council, Executive Directors of State Municipal Leagues, designated staff members and others granted access at the discretion of the presiding officer, will be allowed in the voting delegate section on the floor of the business meeting. To gain access to the floor, voting delegates Or their alternates must be wearing a registration badge bearing a "delegate" or "alternate" sticker and must present an official voting card issued by the Credentials Committee. Except as provided in Section 3.4 of these rules, only certified voting delegates or alternates will be recognized to speak by the presiding officer. 3.3 Press Access to the Floor - Members of the press will be allowed on the floor at the discretion of the presiding officer. 3.4 Committee Access to the Floor Policy committee, task force or spacial chairpersons -or vice -chairpersons not certified to vote may be allowed on the floor and recognized to speak at the discretion of the presiding officer. 3.5 Delegates, Guests and Observers - Any delegate will have access to the gallery. Guests and observers may have access to the gallery at the discretion of the presiding officer. 3.6 QwXtM - A quorum shall consist of a majority of the votes certified on the ..._official voting roll for the annual business meeting. 3.7 Rules of Order - Robert's Rules of Order shall govern the conduct of the business meeting unless otherwise --specitied--in-the -Bylaws or these official Rules and Procedures *Adopted August 3, 1979, by the Board of Directors of the National League of Cities, as permanent rules of the Annual Business Meeting. Amended by the Board of Directors November 27, 1982. 1 3.8 Parliamentarian - A qualified parliamentarian shall be appointed to assist the presiding officer and delegates on matters of procedure at all -times during the business meeting. 3.9 sergeant -at -Arms - The President shall appoint a Sergeant -at -Arms who will be responsible for enforcing these official Rules and Procedures and tallying all votes (other than voice votes) taken on the floor. Such additional persons as are necessary to assist the Sergeant -at -Arms in monitoring orderly procedures and efficient vote counting may be appointed by the President. r_� 4. Voting - 4.1 Credentials Committee - Prior to the annual business meeting, the President shall appoint a credentials committee of three, at lease one of whom shall be a representative of a member city. it shall be the duty of the credentials committee to settle any dispute concerning the voting rights of members and their voting delegates and to certify to the President prior to each annual meeting a voting roll of qualified voting delegates and alternate voting delegates, the number of votes which may be cast by each member of the National League, the total number of such votes, the number of votes required to constitute a quorum, and the number of votes required to trigger a weighted vote. 4.2 Designation and Certification of Voting Delegates and Alternates - Prior to the annual business meeting, each member city shall designate one voting delegate and may designate one first alternate and one second alternate to cast the\ city's vote or votes at the annual business meeting. The persons so designated by each member city must be official employees of the city, with one exception. A newly elected city official who at the time of the meeting has not yet taken office may be designated to cast the city's vote if appointed for that purpose by the outgoing Mayor. No person may serve as a voting delegate or alternate for more than one city. I Each state league shall designate up to twenty (20) voting delegates and twenty alternates, which may include the state league director, of which one (1) shall be designated head of the delegation. On a weighted vote, the head of -each state league delegation may tally and report the vote of the deleg's- t:ion. A City official servirg as -the •voting -delegate or altcsnata for his i city may also serve as a.vot:i.ng delegate or alternate for his atate league. All voting delegates must be registered with and certified by the Credentials committee by S OO p.m. the day before the annual business meeting. To cast a vote at the annual business meeting, all voting or alternate delegates must 1 be registered with the Credentials Committee, must be wearing a badge bearing. F ` a "delegate" or "alternate" sticker, and must present an official voting card issued by the Credentials Committee. 4.3 Vote Entitlement - Each state municipal league shall be entitled to twenty (20) =-----..----------�-- - votes.- The number of- votes -to which a-member.city is-ent._t e__s.-all.be-based- - on population (as determined by the most recent U.S. Census) according to the �- 1 --- -- — = - --- - -following - table= --- - - - - - - - - - _ - - - — ------ s L 3 A. under 50,000 1 vote b. 50,000 to 99,999 2 votes C. 100,000 to 199,999 4 votes d. 300,000 to 299,999 6 votes e. 300,000 to 399,999 8 votes f. 400,000 to 499,999 10 votes g. 500,000 to $99,999 12 votes h. 600,000 to 699,999 14 votes 1. 700,000 to 799,999 16 votes j. 800,000 to 899,999 18 votes ; k. 900,000 and above 20 votes Member cities, but not member leagues must cast unanimous votes. i 4.4 Voting Method - Except as specified in Section 6.2 of these rules, all voting shall be y voice vote unless a weighted vote is demanded by 10 percent or sore of the certified votes present at the annual business meeting. Voting Shall be iisited to duly certified voting delegates or their alternates. za ,- C:.wighted voting, each certified voting delegate shall cast the total number Of votes to which he or she is entitled. 4.5 Broxy Voting - proxy voting is expressly prohibited. 4.6 Vote Required for Official Actions - A majority of certified votes present and voting shall be required for election of any officer or board member or III for passage of any matter of business voted upon at the annual business meeting, except as follows. A two -third vote of certified votes present and voting shall be required to adopt, repeal or amend National Municipal Policy statements and to adopt separate policy resolutions. A two-thirds majority of certified votes cast is required to amend or repeal any section of the t Notice of an proposed Bylaws amendments to be voted on at Bylawe. WO el Y the annual business meeting must be mailed to all members not less than 15 l days prior to the annual meeting.) C 5. Natio_ia policy Statements - {{ 5.1 Submission of Amendments .to National Municipal Policy and Separate Resolutions - a Amendments. -to National Mnni:cipal Policy and separate policy resolutions may be IJ submitted to the voting delegates by ths.Board of Directors, by a Resolutions 1 Contuittee appointed by the Board for that purpose, or by petition of ten (10) certified voting delegates provided that such petition receives a majority vote of the delegates present and voting on a motion to consider the petition. petitions must carry the printed name* title, city and state, and the signature of sponsoring delegates. The petition process is not required in cases where the motion is to amend the National Municipal Policy language or separate resolution submitted to voting _... delegates by-NLC'e Board of Directors or Resolutions Committee, and where the proposed amendment is germane to the language dam- tte y -t a Board- or Resolutions Committee. However, a motion to adopt, repeal or amend National - - - - - --Municipal Policy must be -accompanied by- a -petition if -it- will amend -any- - ----- - -- -- --- paragraph of National Municipal Policy other than those proposed for change by ` the Board of Directors or Resolutions Committee or if it is not germane to such proposed changes. Separate policy resolutions other than those submitted by the Board of Directors or Resolutions Committee will require a petition. f a 5.2 Deadline for Submission of National Policy Statements - To be considered by delegates at the annual business meeting, all proposed National Municipal Policy Statements or separate policy resolutions must be presented in writing to the presiding officer by one-half hour (30 minutes) before the call to s order of the annual business meeting. 6. Elections - 6.1 Nominations - A nominating committee of not less than seven nor more than , eleven officers of member leagues, state league cities and member cities shall be appointed by the President to present to the annual meeting a slate of qualified candidates for officer positions and seats on the Hoard of Directors. Such report by the nominating committee must be made in writing at least four hours in advance of the scheduled election. in addition, nominations may be made from the floor at the annual business meeting. A second to each nomination will be required. Nominating and seconding speeches for each officer position shall be limited to five (5) minutes total. Nominating speeches for Hoard of Directors positions shall be limited to two T _..(2) minutes in lengths seconding speeches shall be limited to one (1) minute- . .. r� . •: ^., . „� . , 6.2 Voting and Elections Procedures - At the discretion of the presiding officer, a written ballot may be used for any contested election. Such a written ballot shall separate those names presented by the nominating committee from those nominated from the floor. A ballot for Hoard of Director positions shall also distinguish those positions held customarily by State League Directors. A majority vote of the certified votes present at the annual business meeting - shall be required for election of any officer or member of the Hoard of Directors. When more than two persons are nominated for an NLC officer posi- tion and no candidate receives a majority of the votes cast, the candidate -.. receiving the lowest vote will be eliminated from the ballot and a new vote taken. To facilitate the elections process, the names of any candidates receiving less than ten (10) percent of the votes cast on any ballot may be eliminated from subsequent ballots. F L When.more persons are nominated for ..election.to.the Board of Directors than vacsncie8 exist,. those persona receiving 'a majority •rota or, the .first bal).at will be declared elected. The name receiving the least number of votes, and any names receiving less than ten (10) percent of the votes cast on the - previous ballot# shall then be eliminated and a new vote taken. This process f: will be repeated until all vacant positions are filled. 7. Agenda for the Annual Business Meeting - The NLC staff shall annually prepare an 1;. agenda for the annual business meeting to be reviewed and approved by the Hoard of Directors at the last meeting of the Hoard before the annual business meeting. u�etal Procedures for �at of Floor -Activities --The NLC staff shall- pm prepare annually such supplemental procedures as are necessary to the orderly and `=--- --- ----- - ---of ficient -conduct of -the annual -business -meeting. ---Such procedures- are -subject- to_ --_-- approval by the Hoard of Directors before they are promulgated. yy r F. r 1 vaNAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING r �/O s NOVEMBER 17. 19871 700 P.M. pep f )� k�,. �N BOROUGH ADMINISTRATION BUILDING SOLDOTNA. r, ,�' C�jy •�� _. ALASKA MCA ^C•r b - A G E N D A- Aseembly O�6CAL ittl�t FR Carey B. OF ALLEGIANCE Crawford Glick C. INVOCATION' Rev. Ron J. Yells, Soldotna Church Mod Keene s D. ROLL CALL of the Nazarene McGahan :• Me Lane E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS ll n• t. [ F. APPROVAL OF MINUTESs November 3. 1987 O'Connell + 0. CON14ITTZE REPORTS ` ,•.:, •:• ,.. Phillips Sewall ' (a) Finance (Crawford. Carey, O'Connell..Nash. Skoggeted Walli MoOM tb)• Local Affairs/Legislative (Skogseed. Oltok,• McOahan. Mullen, O'Connell. Phillips) ' (e) 'Public Works/Eduoation (MeWno. Brown, Hodgins, McOahen. Skogstad. Valli) R. MOTIONS TO RECONSIDER ' I. AGENDA APPROVAL AND CONSENT AGENDA (a) Vacation of Section Line Easement s•twssn Fernwood - Drive and Glacier View Road = (b) Vacation of portion of Trespass St.$ portion of utilityy easement and pedestrian easement, Kings Run Subd.1 portion of Access Ave., Kings Run and Road . River Subd. .', (a) Appointments to Local Hire Committee (Memo 87-122) )' J. ORDINANCE HEARINGS L (0) Ord. 87-58 "Amending the Borough.Liquor License ' ! o cy r inane (Hodgins) (b) Ord. 87-59 "Appropriating $48,000 for Nikiski Fire Sr Tioprovements" ,. is • on (Mayor) j (c)• Ord. 87.60 "Accepting and Appropriating Grants from ' e tate of Alaska to Update tho 8o h O roug Vera 1 t:; ( Economic Development Progran and Examine the ron.1u. Istion of on Economic Dsvelopmant District" (Mayor) Ord. 87.60(Proposed Sbse1 "Accapzing and Approprta- tang rants ram t e tat• of Alaska to Update the Borough Overall Economic Development Program and Examine the Formulation of an Economic Development District" (Mayor) -='1 (d) Ord. 87-35(Corrected) "Accepting and Appropriating fl. a Grant From t • U. Dapartment of Commerce to Update the Borough Overall Economic Development ! Program and Examine she Formulation of an Economic Development Districr•' IN ayarl POSTPONFO 11/1 t � , Ik L r^_ a..: -. v r 2{t71Ioff fgq70 If i4 Gl� A N M" N O N U N t- N fl frlN Si N ON HN a �.��• H ^�m V O� V ��V �•Y �I ►n p1, ry � •� M r•. .t•-• N F• �' O I N '� I'• �w Wp-5 19 r r7H o Iy w1-• �a., r Nh0 1 n•o A4 o•nao7= n Nq ro M O 0.�� a0.n QPb 7• ^ no ^uf mea �ms N rn rti � pp s7Co CC Hw AO o a H•i M p •�N AO^ 17^ N• Oaq •�7 N• `J^ Nb A nl eri v'° A vum 0~ m N 0q rr ^� wry a nr°n'�a erim „ Aa 'Iaww ��..•rn QXflA vf�i•N• D�,�ty�h• rho .MrM Ego $+n •�ss �r M 7 , �.a�� �1 %►� P n �. q v � .r r i ,1 r . � r r x• 7f 7tf .'U Yf w 77 1A io 'C �' :tf O ;Y � .� 2 •�1 fir. � ry n 'G i� !l { • { n017I10 ;AOf+N /9GA fR1G (� JA u7C !(1 Nn0 N V �1 N .44 ow0,0NN µf1N •T Nf1 (Ca r1 YI" Onf�iU (y QQ ryry Qp W [Y '.1 OA V HO V �;:I OD A V ~ pn •v My .m 'd wa AAm ar �+ n4 �n .n �� :+ O Q :. N � :• n H ^ y to UA ;1 •: • .f O• 4 N• a�w ~ H ^ .a-• E N O O y P a'ti 4 {0 • ►•. Q W 10 M URIC 10 ) P 'i AO V NQ, t• d) R a I•WO 4 A i O n N ' „ V� Nn s s• ^in wasA � nFs: w p' I a Ci'a O' n n'ti n N Hrl t�1 W p ,,C( v :. N. n N AAtr m v p/xN wv H neN+• MrnD a("� {o/�rn �° iryryryggq o (. o ° .w{ yo ^1�0 POP. iCiH �Hm aMAN. O Myy' M N N• O M M Ci r`C i an, IF.�i •p 1 yDp V N• If'!1 w .. ��. '1 O MN M -100 Q gMq M O h O„ r " QZ q • N i t1 Vi t0 P0. O �1 -' (((•!!!111.QR� NO O UR i0 a 4:3 'R"M.a A M a to /7 O A H7 O ^A ' UN m'a'°° ..°. x n tow R? to n 0° n a a A N A 6 _�_� ~�hf~ •nA rH+�°'/a�►a o�ra+ �ajr�jn..� rn�roA 0.pM�e° l3ki T. 7 IC H A P'' p' •ni„ wC6" roN• rry�ry•n ' n� ST � a ar et M ^ Na N n M A P. hA M fOi y{" yy r• Ma A„ O M A H v�M `� �N • O �� cif Kf � A •nN c p� s� �o y0 w (a�1 n y .i P• ^ Iny A N7 MM a•F a g _ 1 4AO{ Y �f 1„� Vp kA -Wn to .4 '��i' �•t �n w :o �e o m � m 4 {• 7 ••f {, a aw r Io A a a 7.A 53o, 185 {� ' pnp ^y„^ ^ r g • np 4j H .•1 i71C •a1 �n a N O /. .. :� �Y�.w n V l • M �f •f IS•�s � � � N � N Q P. � O N •+ reI Mawr i y O yp� yy� d M .`1�,� •tl� O f1 M O � � � N� �•ir00��VOv^ .wr i lie Esto p e e t°f �e u, v a 3 to 1A C: ff M ' Poo N I L _7,— NFO -6 CITY OF KENcda� oj /�AI rl v ALOO KBNA1, AUkSKKA �n�lW 210 FID1 TELEPHONB283.7535 CITY OF KENAI BACKGROUND AND PERSONAL DATA ANDANDIDATESCOMMISSIFOR APPOINTMENT TO nnrl — — IF Resident of City of Kenai? How long? — 64P Mailing Address a Bus. Address Presently employed by Sob Title„ Name of Spouse Current membership in organizations: -- ` past organizational memberships Committees interested ins NOY 19�1 ►'.Li CLERK •rY Of KENO 1 0 0 I 1 _ y r ►•+ r r G a fOD �j �o w � rt " K 1 m m IM Cp ►s� ipR7� et r► n N M A H � M r rC M �i �a v r • ., L — -- -- - —- - - -- A- . . . .. .S F 'r 01 ' t 5� :1 ' r � i u :7 carmen vincent gintoli, architect 130 trading bay road, suite 330 kenai, alaska 99611 907 283.7732 r -)%I 1987 November 24, 1987 „J7IV r=0 i City of Kenai 210 Pidalgo Kenai, AK 99611 Attention Keith Kornelis, Director Department of Public works RE Leif Hansen Memorial Park Fountain Dear Keitht We have received a request from Dr. Hansen to investigate the possibility of activating the fountain during the winter months. This can be done with the use of propylene glycol at a cost of approximately 0600.00 for a 50/50 mixture. our only caution would be that when we get strong winds, the liquid would be blown the stoned spray zone and walkway and may damage the be and adacent lawn. Also needing investigation is the possibility of injury to people from the glycol spray. Please contact me should you have any questions. Sincerely, vincen intoli, architect -�IMY Carmen V. aintoli cvg/dbm CITY OF KENAI 210 i1DALOO KENAI. ALASKA 90611 TELEPHONE 213- MIS TO: WM. J. BRIGHTON, CITY MANAGER FROM: KEITH KORNELIS, PUBLIC WORKS DIRECTOR DATE: NOVEMBER 25, 1987 SUBJECT: LEIF HANSEN MEMORIAL PARR • WATER FOUNTAIN FOR: CITY COUNCIL MEETING OF DECEMBER 2, 1987 Carmen Gintoli brought to my attention a request for a cost estimate to add antifreeze or glycol to the water fountain at the Leif Hansen Memorial Park in order to operate the fountain year round. Although after the construction is complete the water fountain will be turned over to Parks and Recreation for operation, the Public Works Department feels that it would be a poor idea to run the fountain during the winter months because of the following reasons: 1. 2. The water fountain was run a short period of time for testing purposes only. I doubt that the manufacturer will honor the warranty on the pump if the pump is run under Alaskan winter conditions. We need to start the pump and run it for a continuous period of time during the summer to see that it is operating properly. The fountain pump and head itself merely sit in the 4 center of -the concrete basin-. The project calls for a metal grate to prevent someone from -easily stealing the pump, lights and hardware. The metal steel grate needs to be installed to protect this $3,000 water fountain pump assembly. I believe that the metal grate will eventually freeze over if the water fountain runs this winter even with the anti -freeze mixture. I think that slowly but surely, from rain and snowfall the grate ' will gradually freeze in, probably from the outside inward. .During-Vto short period of _start-up on the fountain, it j was readily apparent that. even with a small amount of wind the water did not fall back into the concrete G basin, but -blew -out of the -basin -onto the lawn-adjacent--%W to the water fountain. With the many days of winter winds in our area, I think we would be continually .. . '6 a z. adding water and antifreeze to the system and we would (- kill the lawn adjacent to the water fountain# plus require the removal of the lawn and topsoil because of the antifreeze contamination. 4. The service line to the water fountain has a curb stop valve with a stop and waste at a ten foot depth location, however, the line between that valve and the surface inside the fountain is subject to freezing. This line was emptied during the summer months, but to fill the basin now would require running water through the line which would be subject to freezing and would cause extensive damage not only to the line but to the concrete fountain itself. �ll 5. Being an open water area, animals including dogs, cats, C ravens, seagulls, etc. may drink out of it causing them 4 death from the antifreeze. The Public Works Department feels that operating the water fountain in the winter months could easily result in severe i damage to the fountain and thus would recommend against a winter- time operation. We also feel that the first time the water fountain runs continuously for any period of time should be in the summer where adjustments and problems concerning the fountain + can be handled much easier. KK/kh , L , .f r I s o e Q STEVECOI • /Room 5 Fain Street uuup DEPT. OF HEALTH AND SOCIAL SERVICES 207 DIVISION OF FAMILY A YOUTH SERVICE$ nail Alaska 99611 YOUTH SERVICES SECTION 07) 283-3127 November 12, 1987 -- - - - Mr. Charles Brown Ret Kenai Rec Center Finance Director Burglary March 4, 1987 210 Fidalgo Street j Kenai. Alaska 99611 Dear Mr. Browne Enclosed is a money order representing one-half of the restitution owed for damages incurred during a burglary of the Rec Center on March 4. 1987. i I anticipate the other juvenile paying his share in the caxt few weeks. Sincerely, Karen Rogers 4' Probation Officer III District Supervisor Kenai Juvenile Probation Enclosure KR/ls 11 I+ . I '/71224446 THE' ARST NATIONAL BANK, Of, ANCHORAGE, No. 6 J i it ANCNOAAOE, AIASXA t i ; ` " 16.9�- i _, .. a {II +'� ,r.� jl 1��,1. 1 11(,..{ry.j'.+%ttpp ((•�� '� .M11�1�. '11."'•�•'. II I•,1 !•Itt t' Iitt'tp , • P1• ..1 II,11111 1 , d _.... i .N N6.1/'llln � rssn . r�� PAY c� N �� t ;. NNI 1 ,. '� n ! I{{III •.1 I'It';.l''1'll.l .`i{.r:, it a c\\� 2SII�IItttN(' ' j�%Y�' r� t>\�\�II�� : 1 �-r, :%�fSllllllllll��' TO TNt OF JAA PERSONAL MONEY ORDER s.f� — � 1 NOT TO EXCEED $500A0 ' `! I'I "' is -.. ';' ....: N' 4 L 2 21 4610. 1: L 2 5 20006010. 0 L09142 o000mOx' 4 L L L�. NOTICE OF UTILITY TARIFF FILING The ALASKA PUBLIC UTILITIES COMMISSION hereby gives notice that TELEPHONE UTILITIES OF THE NORTHLAND, INC. (TUNi). a telecommunications utility. has filed a tariff revision (TA21.251) which is a request for a 3% interim rate reduction for those exchanges formerly served by Glacier State Telephone Company (GSTC) and a 52% interim rate increase for those exchanges formerly served by Sitka Telephone Company (STC). A summary of some of the present and proposed rates follows. 4 �Nr-o-10 f RESIDENTIAL ACCESS -LINE -SERVICE I -Party Line 2-Party Line 4-Party Line PRESENT PROPOSED PRESUT PROPOSED PRESENT PROPOSED FORMER OSTC EXCHANGES UNCTION LTA J Zone 1 $27.60* $26.97* DE - - - - • $12.60 $19.01 j Zone 2 33.60* 32.79* • - - . - 19.60 19.01 HOMERIone 1 19.10• 18.53* f15.eY $14.55 12.15 11.79 I Zone 2 25.10* 24.35* 21.00 20.37 12.15 11.79 i ENAI NORTH KENAI 6 SOLDOTN Tone 2 29.65* .01 17.22 28.76+�- 25.60 24.83 17.76 17.22 1 Zone 1 16.95* 16.44 * OK D.. - - - 11.90 11.54 ` NENANAi NORTH POLE 1 Zone 1 27.80* 26.97• 3.04 19.60 19.01 j Zone 2 33.80* 32.79* 29.75 28.86 19.60 19.01 { 1 NINiLCHI Zone 1 23.65* 22.94* - • - 17.76 17.22 Zone 2 29.65* 28.76* • - - • - - 17.76 17.22 i SELDOVI Zone 1 26.05* 25.27* 21.49 17.85** 17.31 Zone 2 32.05* 31.09* 28.15 27.31 - - - - - - FORM�EXCHANGES ANGOON WE `BLANOCK 6 THORNE BAY I 6.70 13.22 GUSTAV�A 9.96 5.45 8.28 ' RTNNA 15.25 23.16 T336A 20.52** 12.50** 19.00** PELICAN d YAKUTATd YAKUTAT 7.65 11.53 • • • • - - • • - T - -- 8.70 13 5 11.63 8.55 9.96 $1 JS for each -line egaipped for votary (hunt)-operstton- - - - ----- - - - -- -- - - ------ - -- - -- ---- -� ** Discontinued service -rates apply to existing service only ( f I a� iee L 1 The rates for residential one -party access line service in the following locations (formerly served by STC) will increase from f17.5O/month to f26.60/month. Akhlok English Bay Kasean Pedro Bay Akutan False Pass Koyukuk Perryville Altakaket Halibut Cove Larsen Bay Pilot Point Atka Hobart Bay Meshik Point Baker Border City Hughes Nelson Lagoon Port Alexander Chignik Huslia Nikolski Port Alsworth Chignik Lagoon Ivanoff Bay Nondelton Port Graham Chignik Lake Kakhonak Nulato Port Protection Coffman Cove Kaltsg Old Harbov St. George Egegik Karluk Ousinkie Tonakee Springs Elfin Cove In addition the rates for residential one -party access line service at St. Paul will increase from $12.65/month to 519.23/month. TUNI also proposes to reduce the monthly rates in the former GSTC exchanges and increase the rates in the former STC exchanges for the following rate schedules. i Business Exchange Access Line Service Semi -Public Telephone Service Mileage Rates Radio Common Carrier Service Local Private Line Service Special Public Service Channel Improved Mobile Telephone Service TUNI states that it has filed a revenue requirement with the Commission, that the proposed rates have been designed to recover only 50 percent of the revenue requirement change, and that it ultimately proposes to have one set of rates apply to all customers as a result of a future rate design. TUNI states that rates subject to contractual agreements have not been altered, including ` charges for Long Island and Cube Cove exchanges. if after investigation the Commission finds a rate or classification different from that proposed by TUNI is reasonable, the Commission may approve a rato or classification which varies from that proposed. Detailed information may be obtained from the utility whose address is 3240 Arctic Blvd., Anchorage, Alaska 99603. The filing may be inspected at the offices of the Alaska Public Utilities Commission, 420 'L" Street, Suite 100, j 1 k Anchorage, Alaska 99501-1907. Any interested person may file a statement of views favoring or opposing 1 this tariff filing with the Alaska Public Utilities Commission. While comments 't will be considered by the Cammtasion In determining the .appropriate -action -to. be taken, those comments will not serve to make the person a party to the proceeding. ` rL ---- -- - ---- --- — -- --- -- - ----- - �i Any person wishing to become a party must file a petition to intervene in << - accordance with 3 AAC 48.130 of the Alaska Administrative Code. 0 A ,r To assure Commission consideration of comments or petitions prior to a final decision on this matter, those comments or petitions must be filed by December 21, 1987. Any statement flied with the Commission should clearly affirm that the interested person has filed a true copy of the statement with TUNI. DATED at Anchorage, Alaska, this 20th day of November, 1987. ALASKA PUBLIC UTI ITIES COM SSION T. S. Nonlnski It Executive Director L !J_ -T-AlF0 -I( o I t� is KENAI PENINSULA BOROUGH n ' 144 N. SINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 •'f'� '+"'••`�r DON GILMAN MAYOR November 17, 1987 Mr. William J. Brighton, City Manager.::,,... City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Brighton Re: Kenai Landfill .t�I;.^1.;.'.a�;:'+s,?�14' ..'• � ,:'; :. .:r,' am proceeding with a Resolution and Memorandum before ..'`Sty=js� the Assembly for the operation of the Kenai Landfill to November 30, 1988. Before I do, I wish to clarify the dates of the extension. if you have any concerns please so advise. This is the order as I see it from the documentation: 1. Solid Waste Permit expired December 1, 1986. 1 do 86-71 extending the permit 2. Council passed Remo u as date by 18 months. 3. Solid Waste permit extended to May 31, 1988. 1 4. The Council agreed at its September 16, 1987 meeting to a six month time extension. This places the closure date at November 30, 1988. As a matte -I of- information to you; Resolution 86-71 allowed fcr (� the expansion of the site by 300' X 1000 feet. The Borough has excavated only one cell and expanded the site by 150' X 10001. Sincerely, William J ony s Borough inee k WJC/amf 1 cct Mayor_Gilman L 1 - - - __ - --- - . --_i 7 F i STATE OF ALASKA DEPARVIENT OF ENVIRONMENTAL CONSERVATION POUCH 0 JUNEAU, ALASKA 99811 WASTE DISPOSAL PERMIT SOLID WASTE MANAGEMENT PERMIT PER41T N0. 8120-BA-010 DATE OF ISSUANCES ' Ail This Waste Disposal Permit is issued to the Kenai Peninsula Borough, P.O* Box 850, Soldotua, Alaska 99669. we permit is for the operation and maintenance of a Solid Waste Disposal Facility, serving the City of Kenai and its community. The location of this facility is N 1/2, NE 1/4 and N 1/2, SE 1/4, NE 1/4, Sec 36, TO, R12W, Seward Meridian, at Mile Post 13.5 of the Kenai Spur Road. This permit is issued under provisions of Alaska Statutes, AS 46. 03.100-110, Water, Air, and Environmental Conservation, Alaska Administrative Code as amended and revised, and other applicable State laws and regulations. This permit is effective upon issuance and expires Docezber 1, 1986. This permit may be terminated or modifiedf iviccordauco th AS 46.03.120. . �lEnn Akin`^ • Dc�puCyComaissi.oner Dnpartrment-of- Environmental 'Conservation (+ -i Suggested by: Administration CITY OF KENAI RESOLUTION NO. 66-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING THE REQUEST OF THE KENAI PENINSULA BOROUGH TO EXTEND THE LANDFILL PERMIT GRANTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY 18 MONTHS AND ADDITIONAL EXPANSION OF THE PRESENT SITE BY 300' x 1,000'. WHEREAS, at the present time the Kenai Peninsula Borough has j solid waste powers for the Kenai Peninsula Borough and has no j available site to continue the process of disposing of solid III waste, and f MHEREAS,�in emergency exists to continue use of the present site ► until such time as a new location has been identified and permitted, and 4 WHEREAS, the Kenai City Council does not want to inconvenience or create hardship upon local citizen's health, welfare or safety, and WHEREAS, the City wants to cooperate within reason by helping the Borough meet it's obligation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE KENAI PENINSULA BOROUGH BE PERMITTED TO CONTINUE THE PRESENT LANDFILL SITE FOR A PERIOD OF 18 MONTHS AND FURTHER, THAT THE BOROUGH IS GRANTED PERMISSION TO EXPAND THE PRESENT SITE BY 300' x 1,000' FOR THE BENEFIT OF THE CITIZENS HEALTH AND WELFARE. PASSED-13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1936. Tom Wagoner, a or r ATTEST: , I —A G et Wheian, City C erk P r 0 STATE OF ALASKA DEPART14ENT OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL. OFFICE 437 "E" Street, Suite 200 ANCHORAGE, ALASKA 99501 Kenai Peninsula Borough P.O. Box 860 Soldotna, AK 99669 PERMIT NO. 8623-BA007 - �NrtU��3910�r�?, DEC 1% it RECEIVED ' Nonni Ponin Elora 6A . pubno work cl Department DATE ISSUED: December 1, 1906 This permit is issued to the Kenai Peninsula Borough for the continued oper. ation of the Kenai Sanitary Landfill, (N 1/2, HE 1/4 A N 1/29 SE 1/4, HE 1/4, Section 36, 176N, R12W, Seward Meridian. This permit is subject to the conditions contained in Appendices A, B and C, which are incorporated herein by reference. This permit is issued under provisions of Alaska Statutes 46.03, the Alaska Administrative Code as amended or revised, and other applicable State laws and regulations. F - Yhis permit is effective on issuance- and- x ires May 31; 1988; it may be i; terminated or modified in accordance with A .A b. .120. Fro L l '� r September 18, 1987 CITY OF KENAI rod 62alaW 4 4"0"F 210 FICALOO KENAI, ALASKA 92011 TFLEPRONE283-MS Mr. Bill Conyers, Borough Engineer Kenai Peninsula Borough P. O. Box 850 Soldotna, Alaska 99669 Dear Bill: As per our recent telephone conversation in which you expressed a concern and a need for the Borough to request a six month extension on the present landfill site and yourpropo_ Kenaisal if thetthe City Ofrough Kenaiwould wouldpagreeetoand theto the City o extension. At the regular Kenai City Council meeting of September 16, the proposal was made to the Council and the Council agreed they would consent to a six month extension on the present landfill site in return for the Borough providing up to 15,000 C.Y. of sand to the City of Kenai. It appears the city's need for sand will not approach the .figure discussed, but nevertheless, the agreement resolves a serious problem for the Borough and at the same time resolves )n :►.J,r•ious problem for the City.of Kenai. it is th4 s kitid of cooperation ; and intergovernmental, relat3.onrbip that permits smooth and manageable operationa of local goveCityrnments Councilwishin the Kenai appreciative ofntheula. The cooperation. and the Sincerely, Wm. J. Brigh�bn fi' •`�' -City Manager r: rt Lrf006o10 A _.% cc: Mr. Stan Thompson, Mayor +• `: sLd:1i L L J 0 L • • ' l!E tF � `� BILL SHEFFIELD, GOVERNOR DEPT. OF ENVIRONMENTAL CONSERVATION SOUTHCENTRAL REGIONAL OFFICE 437 E STREET, SUITE 200 ANCHORAGE, AK 99501 CERTIFIED MAIL 274-2533 RETURN RECEIPT REQUEST July 22, 1986 a Howland Sambard Kenai Peninsula Borough 850 P.O. Box inns Soldotna, AK 99669 ? RECEIVED..., Dear Mr. Bambard: `� Ken P-In earn P� l0 `"JorkO ;:r ;a�, DeAe►tmaM RE: Kenai Landfill Amendment to Perini t #8120-BA010 cSoc� Date Issued: July 22, 1986 j` :i. Appendix A of the Solid Waste Management Permit No. 8120-8A010 is hereby amended. Portions of this permit not specifically amended remain un- changed. l The existing permit is amended to allow for an areal expansion of 300 feet of the existing permitted facility. The by 1,000 feet on the eastern side expanded area is depicted as a hatch marked area on the enclosed attachment. { Department of Environmental Conservation regulations provide that any . person who disagrees with any portion of this decision, may request an adjudicatory hearing in accordance with 18 AAC 15.200-310. The request I should be mailed to the Commissioner of the Alaska Department of Environ- mental Conservatio, P.O. Box 0, Juneau, Alaska 99811-1800, or delivered to 3220 Hospital Drive, Juneau. Failure to submit a hearing ' his office at request within thirty (30) days of receipt of this letter shall constitute a waiver of that person s - right to judicial. -review of this decisior+. This 'department will process the permi-t renewal application before the ex-. > fisting permit expires. Sincerely, - - r , Bill H. Lamoreaux i 4 Regional Supervisor ,. BHL:HF:ep ; -- =--- = -- - --- — - Enclosure - - _ _. ,-......_ .-- -- -- ..,z - (WlEnclosure) -:-:----------.----------_- - -- - - -- - -cc:-Stan--Hungerford, ADSC, Juneau - - -- _ - - -y- - - -- -- -- --- -- i Kenai District Office � Henry Friedman Permit Records t , 1. L • �i 0 ATTACHMEnT TO KENAI LANDFILL PERMIT NO. 8120-BA010 AMENDMENT ISSUED JULY 22, 1986 ofe Zm 16 r �' 'i „� ;'; . �ti�;., , is l •�:.� ►s•-s+ ' i r ��3' i �S� :.,.� � ni •iv 14 of .,Sr+ I= �i.' �. »• •t i_•.1Ir� • Ij ' l ? • s G:! 1 1 • •� � ; - r+ � i MN,M' r• -- + . fray-p... rl '�•'�kENAU• f�. qtee. , 4—ire'' —+•a•L l •\ ,.,. �� N :UWOFIL $11�tflur lin, 0 A ttV 04 In! lei G kid vY' pot Ilk EsuME �••� �7�I,••w• I �f!'i 1tt1'x' �' •.�I .'ii •': ♦ I�• :..�' �:rh_.'i +�•i n it •t•t 1 SCALE 1° 10001 • .-.•i3 \ �!`Ir• �"t.P'''' " 1i+': �;t 1 WELL LOCATIONS"til oR WELLS twi�ot { KENAI-PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OCTOBER 13, 19871 700 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA ** RESOURCE DEVELOPMENT COMMISSION REPORT AT 7s15 P.M. ** - AGENDA - Page No. 1�21g14 I6�j�s A. CALT. TO ORDER 1 1 B. PLEDGE. OF ALLEGIANCE �� �' 16 �i ��► 11a C. INVOCATIONS Rev, Paul Ball, Kenai Baptist Temple 1 O Qo n, ���Y D . ROLL CALL1 FOEgdg21201 E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS j i (a) Report of Canvassing Board 9 (b) Res. 87-95 "Certifying the Results of the 10 R-egUlFir-TTection of October 6, 1987" (Mayor) (c) of Office and Seating of Elected Assembly 10 ,Oath Members F. APPROVAL OF MINUTES( September 1 and 15, 1987 1 G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, O'Connell, Nash, 1 Moore, Johnson) (b) Lands/Resources (Skogstad, Johnson, McGahan, I Mullen, O'Connell) I (c) Legislative/Policies (Glick, Phillips, Carey, Crawford) (d) Local Affairs (Moore, Phillips, Mullen, 2 Walli, Hod ins) (a) Public Works/Education (McLane, Skogstad, Walli, 2 McGahan, Keene) 2 (f) Data Processing (Johnson, Hodgins) (g) Kenai Peninsula Community College Council (Carey) 2 H. MOTIONS TO RECONSIDER I. AGENDA APPROVAL AND CONSENT AGENDA (a) of PattenhSubd.WCarltonand Addition acent 2 UtilitynEasementtWithin (b) Res. 87-88 "Approving a Mutual Aid Agreement Between 2 Bear Greek Fire Service Area and Seward Volunteer Adptd Ambulance Corps" (Mayor) (c) Res. 87-89 "Requesting Municipal Assistance Funding 2 rom t e tate of Alaska" (Mayor) Adptd P ' � h D C Pro ese 2 Lim (d) Res. 87-90 Modifying Staffing in t e a a c Adptd ng v s on" (Mayor) P (e) Res. 87-91 "Authorizing the Sale of Surplus Central 2 en nsu a General Hospital Service Area Personal Adptd { Property" (Mayor) ` (f) Res. 87-92 "Authorizing the Sale of Surplus South 2 en neu a General Hospital Service Area Personal W/D Property" (Mayor) Iim L — 7 F 1 11 Al - _ Paste r. (g) Res. 87-93 "Granting a Utility and Access Easement to Me ty Soldotna for the Purpose of Constructing - Patpd of and Maintaining a Water Line Within Section 1, T4N, 11- R11W, Seward Meridian, Alaska" (Mayor, req. City) J. ORDINANCE HEARINGS (a) Ord. 87-48 "Adopting the Kenai River Comprehensive an oa s and Objectives for the Kenai River Corridor" 3 Enctd (Lands Committee) (b) Ord. 87-51 "Creating a Local Hire Commission." (Carey) 3 Pstpd 11-3 (c) Ord. 87-52 "Appropriating $5,451 from the General Fund 5 a ance to the Assembly Contingency Account" Enctd (Sewall, Glick, Phillips, Carey) (d) Ord. 87-53 "Repealing Chapter 3.041 Enacting Personnel 5 Pstpd aptere .06, 3.08, 3.10, 3.12, and 3.141 and 11-3 Amending/Deleting Other Provisions Contained in the Kenai Peninsula Borough Code of Ordinances to Conform with Title 3" (Mayor)- (e) Ord. 87-55 "Amending the City of Kenai Land Use Map 5 oor'R.M." Thompson Subdivision, Henderson Rapist from Enctd Medium Density Residential to General Commercial, Section 26. Township 6 North, Range 12 West, S.M." (Mayor) (f) Ord. 87-35(Corrected) "Accepting and Appropriating 6 a rant rem tie D-.�. Department of Commerce to Pstppd 11-3 Update the,Borough Overall Economic Development Program and Examine the Formulation of an Economic Development District" (Mayor) (g) Ord. 87-47 "Amending the Kenai Peninsula Borough Code 8 o r nances Dealing with Assembly Member Attendance" Dftd (Moore) POSTPONED FROM 9/15/87 K. INTRODUCTION OF ORDINANCES (a) Ord. 87-56 "Amending the Rules of Procedure for the 14 sse T—Adopting Roberts Rules of Order, Newly Revised, and Amending the Kenai Peninsula Borough Pstppd 11-3 Code" (Legislative/Policies 6 Procedures Comm.) (b) Ord. 87-57 "Accepting and Appropriating a Grant from Tie -$fate of Alaska for the Kenai Peninsula Borough 3 Hrg 11-3 Coastal Management Program" (Mayor) (c) Ord. 87-58 "Amending the Borough Liquor License 14 o4"Zicy "6r3inance (Hodgins) Hrg 11-17 (d) Ord. 87-59 "Appropriating $48.000 for Nikiski Fire 15 station Improvements" (Mayor) Hrg 11-17 (a) Ord. 87-60 "Accepting and Appropriating Grants from the Efate Alaska to Update the Borough Overall 3 Hrg 11-17 of Economic Development Program and Examine the Formu- lation of an Economic Development District" (Mayor) (f) Ord. 87-61 "Accepting and Appropriating Grant Funds 15 Tr---ToRegion Emergencyy Medical Services for Ambulance for Hrg 11-17 Council, Inc., Purchase of an the Central Peninsula Emergency Medical ServicA Area" (Mayor) _. __. _.... (g) Ord: -87-63 "Authorizing -a Change -Order to the --South - - 45- -- en n� s�Hospital Additions Project and Appropriat- Hrg 11-17 ing an Additional $54.138 for This Change Order (Mayor) ' __ __ _*%_� _1 - L Parse Nbr. L. CONSIDERATION OFRESOLUTIONS (a) Ro--tegqnathe Alaskan nesthe y HtatsSenatendHuseofRpreentativeCarryover to Seek a Postponement of Vote on Amendments to ANCSA 11-3 to Allow and Provide for Further Public and Local Governmental Comment and Discussion" (Mayor) (b) Res. 87-84 "Authorizing the Payment of Membership Carryover ues or the Kenai Peninsula Caucus PY87-88" lly3 (Legislative/ Policies 6 Procedures Comm.) (c) Res. 87-87 "Approving a Central Kenai Peninsula 16 rea u ual Aid Agreement for Mutual Fire and Carryover Emergency Medical Services" (Moore) (d) Res. 87-94 6 Subst"Authorizing an Indemnity A reement 11 etween t e Central Peninsula General Hospital Subst. Service Area and the Emergency Room Physicians Adoptd and Transfering a Portion of the Funds Necessary for Funding the Indemnity Agreement" (Mayor, Req. CPHSA) M. PENDING LEGISLATIONlegislation (lait em action ill be at thisddressed meeting.)t a N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA (a) Annette Reese, REt Short Stop Liquor License Transfer 12 Approval on September 1, in Bear Creek 0. PUBLICNEDMMENTSIN A8SPEMBLICSPRESENTATION$ UPON MATTERS NOT CONTAI'AGENDA P. MAYOR'S REPORT (a) Memo 87-99 Oilwall Road Repair Bid Tabulation Q.. OTHER BUSINESS (a) Short Stop Liqour License Transfer 13' R. ASSEMBLY AND MAYOR'S CON M-NTS S. INFORMATIONAL MATERIALS AND REPORTS (a) Memo from Assemblymember Phillipst School Board Resolution (b) Lettrs est RE Kasdeof Store Board License Transfer Prot (c) Certification of Second Supplemental Assessment Roll T. NOTICE OF NEXT MEETING AND ADJOURNMENT (November 3, 1987) 17 L L J r) i KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OCTOBER 13. 1987; 700 P.M - BOROUGH ADMINISTRATION BU7LD7NG SOLDOTNA, LASKA ** RESOURCE DEVELOPMENT COMMISSION REPORT AT 7,15 P.M. ** f A. CALL TO ORDER Pres. Sewall called the meeting to order at approximately 7,30 P.M. B, PLEDGE OF ALLEGIANCE C. INVOCATION, Assemblymember David Carey D. ROLL CALL nt PRESENTS Assemblymembere�Nash, Keene, Walli, Crawford. McGahaM Johnson and SewallinMayorSThompson,HAddmn.sAsst.Bests Atty. Boadeker. Public Works Director Hakert, Assessor Thomas, DirectorFinance Borough ClerkBrindley�,�Maintenance Director � DeputyBoroughClark DeLacee EXCUSED, Phillips ABSENT, Moore E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS (a) Report of Canvassing Board fi Pres. Sewall asked that the report be considered after Item I., Agenda Approval and Consent Agenda and if need be after Item J., Ordinance Hearings. There was no objection. See Page 9., end of ITEM J. Ordinance Hearings for action. ; (b) Results Of the egu ati-9SectionOctober ,Certifying R6, 198711 (Mayor) See Page 10. end of ITEM J. Ordinance Hearings for action (c) Members Office and Seating of Elected Assembly See Page 10. end of ITEM J. Ordinance Hearings for action (d) Election of Officers See Page 11. for action F. APPROVAL OF MINUTES, September 1 and 15, 1987 j The minutes were approved as amended. G. COMMITTEE REPORTS (a) Finance (Crawford. Carey, O'Connell, Nash, Moore. Johnson) Chairman Crawford advised the next meeting on November 3rd would be held at 400 p.m. (b) Lands/Resources (Skogstad, Johnson, McGahan. i --- - - - Lands Chairman Skoggsend" "said the -committee- recommended postponement..... on Rea. 87-93s "do ass" on Resolutions 87-48 and 87-55. and - --Ordinances_ 87-57- and-87-.60._ _-- - _ f l (c) Crawford)ve/Policies (Glick, Phillips. Carey, { �= 'i- 4 L KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13, 1987 (d) Local Affairs (Moore, Phillips, Mullen. Walli, Hodgins) Acting Chairman Mullins stated the committee recommended Res. 87-94 be considered after ordinance hearings. / (o) Public Works/Education (McLane, Skogstad, Walli, McGahan, Keene) i Chairman McLane advised the committee discussed the rip/rap project on Loot Creek Bridge and requested Public Works Dept, inspect the project and report back. Also discussed was continuing involvement of the Waste Disposal Commission on the Sterling Special Waste Site. He notified members the next committee meeting would be held at 5s30 on Nov. 3rd to hear a building report from the project management consultants, Morris Knudsen. (f) Data Processing (Johnson, Hodgins) Chairman Johnson advised the new data processing manager had been workinfied members on long-terthe committee had plans adch nged its umeeting rce adate nto assembly idays to cut costa. (g) Kenai Peninsula Community College Council (Carey) The council met in Ninilchik at the last meeting. Mr. Carey advised the college had been notified of another $200,000 budget cut. He notified members that the two portables transferred to UM were now at the fire school due to insurance difficulties with placement of one on the campus. The college is asking the board of education n for for a negotiated agreement on funding. Specifically, education of high school students. He said restructuring is continuing with elimination of a ion inppgreat many administrators. There is now an statewide vote initiative whether communitycess which colleges should be separateaifroam UAA. R. MOTIONS TO RECONSIDER 01 I. AGENDA APPROVAL AND CONSENT AGENDA (a) Utilityof EasementPattenhSubd.WCarlto and Adjacent (b) Res. 87-86 "Approving a Mutual Aid Agreement Between ear ree Fire Service Area and Seward Volunteer Ambulance Corps" (Mayor) ASSEMBLYMEMBER SEWALL MOVED TO AMEND THE EFFECTIVE DATE OF RES. 87-68 TO "WHEN REVIEWED AND SIGNED BY THE SEWARD VOLUNTARY AMBULANCE CORPS. -- AS nuvrTau 01 UWmL► LPw0 vv��aw•.. (c) Res. 87-89 "Requesting Municipal Assistance Funding i rom tne tate of Alaska" (Mayor) (d) Res. 87-90 "Modifying Staffing in the Data Processing v eon (Mayor) I MOVEDTO AGENDA. ASSEMBLYMEMBER SUBSEQUENTLY WITHDREW HIS REQUEST- (e) (e) Res. 87-91 "Authorising the Sale of Surplus Central Peninsula General Hospital Service Area Personal Property" (Mayor) (f) Res. 87-92 "Authorizing the Sale of Surplus South Hospital Service Area Personal _. enFtnnoula:-General Property" (Mayor) WITHDRAWN FROM -CONSIDERATION -BY MAYOR - .2- i r r n :.';C; L KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13, 1987 (g) Ord. 87-57 "Accepting and Appropriating a Grant from gate of Alaska for the Kenai Peninsula Borough Coastal Management Program" (Mayor) INTRODUCTION ONLY - HEARING 11-3-67 Although expressing no objection to inclusion on the consent agenda, Assemblymember McGahan asked about the comment period mentioned in the ordinance information. Planning Director Fenner confirmed the assembly could forward written comments through November 15. (h) Ord. 87-60 "Accepting and Appropriating Grant Funds ro£� o—m-T ie State of Alaska to Update the Borough Overall Economic Development Program and Examine the Formulation of an Economic Development District" (Mayor) INTRODUCTION ONLY - HEARING 11-17-87 ASSEMBLYMEMBER SKOGSTAD MOVED CONSIDERATION OF ITEMS N.(a) Annette Reese, REs Short Stop Liquor License Transfer Approval on September 1, in Bear Creek and Item Q.(a) Short Stop Liquor License Transfer TO CONSIDERATION PRIOR TO ORDINANCE HEARINGS. THERE WAS OBJECTION VOICED. ASSEMBLYMEMBER SKOGSTAD MOVED CONSIDERATION OF ITEMS N.(a) and Q.(a) TO CONSIDERATION IMMEDIATELY AFTER ORDINANCE HEARINGS, THERE WAS NO OBJECTION. ASSEMBLYMEMBER GLICK NOTED RES. 67-92 SHOULD BE REMOVED FROM THE AGENDA AS PER THE MAYOR'S MEMO. ASSEMBLYMEMBER GLICK ASKED POSTPONEMENT OF ORD. 87-56 TO THE NEXT REGULARLY SCHEDULED MEETING. ASSEMBLYMEMBER CRAWFORD REQUESTED RES. 87-94 BE MOVED TO THE CONSENT AGENDA. OBJECTION WAS VOICED. THE CONSENT AGENDA WAS APPROVED AS AMENDED. Per Assemblymember Glick's inquiry, Atty. Boedeker advised Mrs. Phillip's absence would not bar the election of officers occuring. ASSEMBLYMEMBER CAREY MOVED TO PLACE ELECTION OF OFFICERS UNDER --Q. OTHER BUSINESS, (b) Election of Officers. Assemblymember O'Connell voiced the opinion the election of officers should be left as Item E.(d) and could be moved to later consideration if need be. THE CAREY MOTION TO MOVE ELECTION OF OFFICERS FROM ITEM E. (d) TO ITEM Q. OTHER BUSINESS, ITEM (b). FAILED ON A VOTE OF 10 NO, 4 YESi NO: Keene, Walli, Mullen, Carey, Sewall, O'Connell, Skogstad, Hodgins, McLane and Johnson YES: Nash, Crawford. Glick and McGahan J. ORDINANCE HEARINGS (a) Ord. 87-48 "Adopting the Kenai River Comprehensive aFTOFToas and Objectives for the Kenai River Corridor" (Lands Committee) ASSEMBLYMEMBER SKOGSTAD MOVED ENACTMENT OF ORD. 87-48. Public hearing was opened. Lands Chairman Skogstad said the committee had dealt with the plan for four (4) months and unanimously recommended "do pass", Alfred White Sterling, expressed qualms that per hie understanding the committee was recommending more access to the river while --expressing-concern-about overcrowding. —He said .the river -now .has-100----- - - docks, 14 public ramps, 8 free ramps. 37 harbor slips, 35 public access points and 43 private ramps in less than 50 miles. -3- 0 KENAI PFNINSULA BOROUGH REGULAR ASSE14BLY METING OF OCTOBER 13, 1987 0 I L Cheryl Sutton, Kenai Peninsula Fishermen's Cooperative, encouraged enactment of Ord• 87-48 and encouraged firm local policy to protect the river. Public hearing was closed. Aesemblymember Skogstad said the Lands Committee's intent of this comprehensive plan was not to come up with specifics but toalive a broad statement and set long-term goals. This is to be considered the first step as required by Title 29, a comprehensive plan, with regulation to follow-Asemblembor ssed supot for the pp lan as asstarting point cand the Lane pcommon concern for the quality Of i o£theve priver, ORD. 87-48 WAS ENACTED ON A UNANIMOUS VOTE OF 14 YES. (b) Ord. 87-51 "Creating a Local Hire Commission." (Carey) ASSEMBLYMEMBER CAREY MOVED ENACTMENT OF ORD. 87-51. redda ppoadd a Affairs Committee ecommnepostponement withthe possibilityof Offernga substitute. Assemblr of the borough memeer president notedhnson n appointments tslimits such ash these sand there borough assembly p needed to be legal interpretation, Public hearing was opened. Alan Bute_ Nikiski, stated support for the ordinance. Gary Supermen, -Nikiski, stated while he knew there were inherent problems with language in the ordinance he hoped it would be supported to further the issue. Barbara Waters Kenai, urged members to consider where the line is rawn on local ire - what "local" is. Gordon Levy, VFW, stated all veterans' organizations are behind the from local projects He 'While sta veterans peop ewereehired. turned away Public hearing was closed. Assemblymember Carey said this was a continuation of a process that had been going on for years and years. He said there would be an amendment needed to provide for appointment of members as the assembly president cannot appoint them. The borough mayor would appoint with approval byy the assembly. It was his feeling if people are made aware of a Pro Ism, it helps compliance even if the law is not on your side by putting p P P TOSPOTPONEBORDI. LLE51 N E LF O TH 198 L AFFAIRS COMMITTEE MOVED Assemblymember McLane said rather than postponement and eventual establishment departcommission, om w h teeth he'd like i e to see an ordinance drafted by the legal Assemblymember McGahan expressed agreement with Mr- McLane and further stated she saw little difference from the committee of two years ago and establishment of a new commission. THE ILD ON AVOTE O MOTION F 9 POSTPONE 5 NOORD. 87-51 TO NOVEMBER 3, 1987 PREVAILED YES, Nash. Keene, Walli, Mullen. Carey, Glick, Sewall, O'Connell. and and Hodgine Nos Crawford. McGahan. Skogstad, McLane and Johnson -4- J :J KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13, 1987 (c) Ord. 87-52 "Appropriating $5.451 from the General Fund a ance to the Assembly Contingency Account" (Sewall, Glick, Phillips, Carey) 1 ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 87-52. ' "do Finance Chairman Crawford advised the committee recommended pass". Legislative Policies 6 Procedures Committee Chairman Glick advised the committee recommended "do pass". Aesemblymember McGahan spoke against passage feeling each of these $5,000 appropriations adds up. President Sewall relinquished the gavel to Vice -President McGahan. Assemblymember Sewall noted at a previous meeting the assembly had voted to expend $5,451 to reinstate membership in the Resource Development Council. This legislation merely moves money from the general fund to cover expenditure in the assembly contingency account. ORD. 87-52 WAS ENACTED ON A VOTE OF 11 YES, 3 NOt YESt Nash Keene, Walli, Mullen. Carey, Glick, Sewall, O'Connell, Hodgins, McLane and Johnson 00t Crawford, McGahan and Skogetad (d) Ord. 87-53 "Repealing Chapter 3.041 Enacting Personnel apL�i ters'3.06, 3.08, 3.10, 3.12, and 3.141 and Amending/Deleting Other Provisions Contained in the Kenai Peninsula Borough Code of Ordinances to Conform with Title 3" (Mayor) ASSEMBLYMEMBER GLICK MOVED ENACTMENT OF ORD. 87-53. ASSEMBLYMEMBER HODGINS MOVED TO POSTPONE ORD. 87-53 UNTIL NOVEMBER 3, 1987. Aeeemblymember Hodgine felt the incoming mayor should have the .opportunity to look at the ordinance. Assemblymember Nash suggested the Local Affairs Committee again review the ordinance for incomplete language, etc. I ASSEMBLYMEMBER HODGINS ASKED UNANIMOUS CONSENT APPROVAL FOR 1( POSTPONEMENT. ASSEMBLYMEMBER MC LANE OBJECTED. j Assemblymember McLane said a lot of time had been spent with administration and the employees' association on the ordinance and amendments could be made. He noted this legislation had started two years ago and spoke against further postponement. ORD. 87-53 WAS POSTPONED TO NOV. 3. 1987 ON A VOTE OF 9 YES, 5 NOt YESt Nash. Keene, Walii, Mullen, Sewall, McGahan, O'Connell, Skogetad and Hodgins NOt Crawford. Carey, Glick. McLane and Johnson (e) Ord. 87-55 "Amending the City of Kenai Land Use Map off"r R.R.Thompson Subdivision, Henderson Replat from Medium Density Residential to General Commercial, Section 26, Township 6 North, Range 12 West. S.M." (Mayor) ASSEMBLYMEMBBR GLICK MOVED ENACTMENT OF ORD; 7-5 - - ___-__ ---Lando --Con ittee_Chairman _Skogetad_ advised the committee recommended - -- - "do pass", 5S L -1 R I KENAI PENINSULA NOROUGII REGULAR ASS1sM9LY MEETING OF OCTOBER 13, 1987 Public hearing was opened and closed as there was no public comment, lam ASSEMBLYMEMBER WALLI ASKED UNANIMOUS CONSENT ENACTMENT OF ORD. 87-55 AND THE ORDINANCE WAS ENACTED. (f) Ord. 87-35(Corrected) "Accepting and Appropriating S. Updatettheo. BoroughOverallartment E.conomicfDeveelloppmenterce o Program and Examine the Formulation of an Economic Development District" (Mayor) ASSEMBLYMEMBER CLICK MOVED ENACTMENT OF ORD. 87-35 CORRECTED. Public hearing was opened and closed as there was no public comment. Assomblymember McGahan inquired why the corrected ordinance was before the assembly, although the total is the same, She asked for answers from Planning Director Fenner. Planning Director Fenner said the original ordinance did not include the local match. He said the corrected ordinance accepts S65,000 ` from the economic development administration and provides for that $20,000 match from the resource development division. He said the 4 total project amount would be $100,000, - Pres. Sewall noted there had been incredulous discussion on the ongganal ordinance on apparent receipt of monies wityhopput cost. posDuritionhbeing cestablished a He an t dhd beeo the legislationexpressed stilled eso t show a in contract 0service00 s and regular and still owages tals $have 0been treduced hough 2t O$47i000 w Planning Director Fenner noted the original ordinance referred to a local match with original intent to retain the match in the economic development division rather than combine it with the project. The Finance Department felt the money should be transferred in order to better "track" the program. Aseemblymember Nash expressed doubt to the borough attorney that under the borough code, if Ord. 87-35 was already enacted, how a new corrected ordinance could be enacted correcting the old one. He felt repealing the old ordinance was a better choice. Atty. Boedeker said if the previous ordinance had been amended a 30 day hearing time would have been required or could it be legally be done by it was acceptable for la htechnical ratherodox than substantive he correction. Mr. Nash about oc reissuing number amonth ortwo previously Atty. Soedekersaid if j the corrected ordinance was passed the old ordinance would be stricken. Assemblymember Walli felt the ordinance was more than corrected because in Section 3. the salary was increased from $47,000 to $62,669 and Section 4. provided a full-time position. She recalled in discussion of the original Ord. 87-35, she had been advised that and whenethe money ran le out isit wouldeterminatewould ,� ndealing t a tonreappearhat bud at time for funding. She asked Planning Director Fenner to define Section 4. in the original ordinance and compare it to Section 4, of the corrected ordinance. Planning Director Fenner said money in the corrected ordinance is transferred from the salary part of the program in the economic development' division. So, money transferred from personnel costs into the project is the reason for increasing those parts in the corrected ordinance. He said Section 4., Ord. 87-35(Corrected) specifically ties that position to the grant. When the grant to no longer funded the position is eliminated. Assemblymember..._Keene- advised Mr. Fenner Section o Ord. 87-35(does not state contingent upon --grant- money but- Corrected)- -- - contingent "upon funding". Ne felt if the assembly addressed the - - positionat_budget_ time _next yeas _it would be "continues upon -6- i I L W - . .i i KENAI PENINSULA BoROUrt REGULAR ASSEMBLY MEETING OF OrTOBGR 13, 1997 funding". He, too. was upset dues to provious discussion and testimony the position would be eliminated when the grant money is ended. Planning Director Fenner said if the language was unclear in Section 4, he would suggest an amendment be made. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND ORD. 87-35 (CORRECTED), SECTION 4., LINE 3, ADD/STRIKE% "olevelopvent and will be contingent upon (continued) funding 1.1 from grant funds only." ASSEMBLYMEMBER KEENE PROPOSED A FRIENDLY AMENDMENT TO THE MC GAHAN AMENNDMENTT ADMDHL „"froMEMB�Rgrant AHAN funds originating so from the same urce AMENDMENT TO SECTION 4., LINE 3, ADD/STRIKE% "development and will be contingent upon (continued) funding 1.1 from Economic Development Assistant (EDA) grant funds only. Pres. Sewall asked confirmation her intent was to eliminate any poseibility of seeking other grant funds to continue the position. It was her feeling if other grant funds were to become available, the language would assure this being brought before the assembly. Assemblymember McLane expressed discomfort with limiting receipt of other grant funds to continue and stated he was now opposed to the amendment. ASSEMBLYMEMBER MC GAHAN WITHDREW HER AMENDED LANGUAGE LEAVING INTACT HER AMENDMENT TO SECT. 4., LINE 3, "development and will be contingent upon (continued) funding 1.1 from grant funds only." Aseemblymember Carey asked Mrs. McGahan if her intent was to prevent the $20.000 being transferred because the lanuage states rant funds onl Assemblymember McGahan said the $20.080 was a gran ram tbe rate. THE MC GAHAN AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. Assemblymember Nash , noted the ordinance specified a position description was attached but in fact there was none. Mr. Fenner eduld offer no explanation but noted it had been printed originally. f •' Assemblymember Nash noted the original ordinance had not made any reference to the position description so even if enacted the description was not approved. Atty. Boedeker said in light of the absence of the position .: description adding the correction was now a substantive correction rather than a technical. He suggested striking reference to the attached description and approving that by a separate measure. :! ASSEMBLYMEMBER GLICK MOVED TO STRIKE THE LAST SENTENCE OF SECTION 4., "Position description is attached and approved by this ordinance." Ii THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. Assemblymember McGahan said the $20,000 she had been referring to was the monies addressed in Ord. 87-60, later on the agenda. She had i 1 been under the impression the Ord. 87.35 (Corrected) $20.000 expenditure was referring to sammonies. However, this was another {{ $20.000 although referred to alse o as Economic Development Division not State monies but borough monies. Mr. Fenner stated the Ord. 87-35 (Corrected) $20,000 was from the Economic Development Division. - - - Assemblymember McOahan asked whether it was Borough or State Economic Development Division whereupon Mr. Fenner stated the Borough Economic .� Development Division. R t.% ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION 2., LINE 1, ADD% "That .y; $20,000 from the Kenai Peninsula Borough Economic Development..." _. at; THE MC GAHAN AMENDMENT WAS ADOPTED BY UNANIMOUS CONSENT. - r= L - - - "77 — — _1-- ---- -- - --A-------- - - &--.&. - — - -- . - - --- 1 .t - --- KENAI PENINSULA BOROUGH REGULAR ASSEMRi.Y METING OF OCTOBER 13 1987 ASSEMBLYMEMBER WALLI riOVED POSTPONEMENT OF ORD.-87-35 (CORRECTED) TO NOVE3lBER 3, 1987 WITH THE JOB DESCRIPTION CLARIFICATIOASKED N AND UNANIMOUSIHE DENTIFICATION TTHE VALLISAMENDMENTASSEBWAS£:BER APPROVED BYA1 AN He !` CONSENT, postponement. for Assemi�lymf lerthA ogetad ngdany reierencen't nee the ntodthe jobdescriptionand said ioce of legislation on the description coming back with a separate p would take care of the problem. Assemblymembor McLane also spoke against postponement noting considerable time had already been spent on working out the problems. Assemblymember Carey spoke for postponement ��noting there'd bewhen en a possible pparliamentary error by amending to grant funds only" the $20,000 was now coming from the borough and not a grant. He said j the amendment to grant funds only would have to be rescinded. ar Wagess involved transfer served that if fr m another budgSettitem then there had etolbe another section identifying the budget line item where the transfer was made. - TAPOSTPONEOOTION TO 4 NOs D• 87-35 TO NOVEMBER 3, 1987 WAS ADOPTEDN AVOTE OF 10YES YES: Nash, Keene, Valli, Mullen, Crawford. Carey, Sewall, McGahan, O'Con na NOs Glick, Skogstad. McLane and Johnson (g) o"Amending the Peninsula Borough f rdinanceDangwithAssemblyMemberAttndan" (Moore) Ag3EMBI.YMEMBEtt GLICK MOVED ENACTMENT OF ORD. 87-47. Legislative Policies and Procedures Chairman rocedure.noted when the they addressed committee looked at changing p the absenteeism issue which was incorporated in Ord. 56. Therefore. the committee recommendation was "do not page on Ord. 87-47. Public hearing was opened and closed as therewasno public comment - were ssembctivebeftKrethree meetked ings or starting wiunder Section I. th he provisions meeting retroaASSEMBLYMEMBER HODGINS MOVED TO AMEND ORD. 87all TO SECTION the assembly member LIVE morO thanEt bers three xreButar 11assembl'y meetings during any 365 day period.l rot beenember ism hanwitspoke pabsenteeism. agansthe amendment. She felt there'd Assemblympember Carey spoke against the amendment noting members do proforet throughout the monthnding meetings but are in a continuous ` THE HODGINS AMENDMENT FAILED ON A VOTE OF 12 N0. 2 YESs NOs Nash. Keene, Walli, Mullen, Crawford, Carey, Glick, Sewaii, McGahan, O'Connell, Skogstad and McLane YES: Nodgins and Johnson 1 Aseembiymember Keene reiterated Mr. Carey's comments that being an ki assemblymember involves more than just attending two meetings per month. Pie aigo noted there wag -no definition .of- what- an "excused" -- -- -- - - month. tenure, was. After a six year tenure, he'd seen no abuse o-f excused Ne urged defeat of the ordinance. - - -- - - - ---- -- absetitcee•- - -- -- - -- I L M r ii t, i s s t. KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13 1487 ORDINANCE 87-47 WAS DEFEATED ON AN UNANIMOUS VOTE OF 14 NO, pRES, SEWALL ASKED THE CANVASS REPORT, ITEM F. (a) BE ADDRESSED NEXT. AND RES. 87-95, CERTIFYING THE RESULTS OF THE. REGULAR BOROUGH ELECTION OF OCTOBER 6, 1987. Borough Clerk Brindley advised the canvass report was attached to the resolution and asked for questions, ` =. Assemblymember McGnhan asked if the canvass board had met on today, October 13. Mrs. Brindley advised the board met on October 12th and on October 13th, ASSF.N(BLYMEMBER GLICK MOVED ADOPTION OF RES. 87-95 AND ASKED UNANIMOUS �_- CONSENT. i (b) Res. 87-95 "Certifying the Results of the Regular oroug action on October 6. 1987" (Mayor) -- Free. Sewall asked if there was public comment. f GaarrySuSuRerman. Nikieki, candidate for District /3 assembly seat ' reques e a recount from the assembly as he had reservation about the numbers reflected. He wanted clarification from the Borough Clerk regarding differences between October 12th numbers and October 13th s numbers. He said he wasn't clear about the tabulations and wanted explanation. President Sewall asked Borough Attorney Boedeker what the procedure was for a candidate to request a recount. Mr. Boodeker said there were two different procedures: 1) belief that the recount wasn't properly done -- individual has a 5-day appeal time to the courts, and 2) contest of an election due to misconduct or irregularities in the process -- individual can raise the concerns at the certification of them investigatection to es according to the the assembly ccthroughe ao boesto it dy who reviews the clerk and canvass board to determine misconduct or impropriety -- misconduct includes errors in procedure. The assembly then has to consider what action to take -- would the error change the results. If not, then the election results stand. If affecting the results, the election is decertified and recertified with correct totals. If the contest filed by the individual is unsuccessful - no grounds for misconduct or no change in election - then the individuals bears the entire cost of the process. If there was grievance, theree is a 10= day appealhtimcost. allowed tIf o the coers urts. a Pree. Sewall asked what was the legal recomutendation on Mr. Superman's question of discrepancy in the numbers. Atty. Boedeker f said there was no direct procedure - it falls between the two because he referred to the recount. The Code does not OF review procedure on that. Mr. Boedeker said his opinion was if the assembly felt there was sufficient question on it they could order a recount at Borough expense and it would probably be permitted. But, there is a question whether the assembly is so locked into its procedure whether that option is available. Thus, this would require Mr. Superman to go to court, however, he would have to research the question further. Pree. Sewall asked if a candidate requested a second recount could they do that if they aid paifor it. Atty. Boedeker said yes. He noted the State does have provision for a second recount while the borough does not. He said although the assembly could decide to have a second recount, certification would not be held up. Another option would be to withhold certification but he would not recommend so as Code language was fairly specific about certification of election results. f Pres. Sewall addressed Mr. Superman advising him of the option of his asking for a second recount at his expense with the assembly certifying the election. Should totals change in Mr. Superman's race, the assembly would decertify the seat. Mr. Superman said he had .the figures- _ of what it would cost him for a recount. Mr. Superman advised he wae- fosmaliy requesting- a recoue►t-: He eel t -- h i ion that if the assembly requested a recount ( was under t e mprese - - -- - the question of -Payment-was in question. However, he said he wool -0. L r) KENAI PENINSULA BOROUGH REGULAR ASSFMBLY MEETING OF OCTOBER 13, 1987 forego that as it was not relevant to him at this time. He said he would not go into the courts as he didn't have the money to do that. Aseemblymember Glick asked verification from the Borough Clerk that the totals presented were to her knowledge the true and correct figures. Borough Clerk Brindley confirmed they were. RES, 87-95 WAS ADOPTED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER CARRY MOVED THAT THE EXPENSES OF A RECOUNT ON DISTRICT 3, SEAT C BE PAID BY THE BOROUGH. Aasemblymember O'Connell challenged the appropriateness of the Carey motion, feeling it should be addressed under Other Business, Pros, Sewall said because Mr. Carey had been acknowledged. Mr. O'Connell would have to challenge the motion and a vote would be taken on the motion, Mr. O'Connell was concerned about the length of time that would be expended on debate and felt it should be addressed later. ! Parliamentarian Glick said in essence Mr. O'Connell had challenged the ruling of the chair whether to allow Mr. Carey's motion to proceed. Pros. Sewall further clarified that a vote "no" would uphold the chair and disallow the Carey motiont a vote "yea" would allow the Carey motion to continue, THE MOTION TO OVERRIDE THE CHAIR FAILED ON A VOTE OF 8 NO, 6 YES: NOt Nash, Keene, Walli, Carey, Glick, Sewall, McGahan and Hodgins YES, Mullen. Crawford, O'Connell, Skogstad. McLane and Johnson Assemblymember Carey said while he didn't contest the totals presented on Res. 87-95, he felt there was logical doubt in the mind of one of the candidates as a result in a data reporting irregularity. Aseemblymember McGahan understood why Mr. Superman was requesting a recount and felt it admirable he was willing to pay for it. However, discussion about the borough paying for it -- the taxpayers -- she felt one recount had already been paid for by the taxpayers and she felt it should be left as is. She noted others had not asked for a recount. Aseemblymember Glick felt the second recount should be paid for by the borough to eliminate any doubt about irregularities and to maintain the integrity of the system. Pres. Sewall asked Atty. Boedeker if a precedent was being set by paying for another recount. Atty. Boedeker said Legally no. Assemblymember Nash asked if there were contingency funds in the Clerk's Office or election accounts or would this be paid out of assembly's contingency fund. Borough Clerk Brindley advised the Clerk's budget was fiat. She said the approximate expense would be $150.00. j Assemblymember O'Connell said obviously the money was not the issue. He felt the Clerk had done the -job she was charged to do. He noted the election ordinance specifies on the day after election the Clerk certifies the results that are in at that point. One week later the ! canvass board of election officials meets and goes through the 4 numbers. The Clerk certifies the canvass board count. He felt any changes in numbers were to be expected throughout the week due to absentee votes, questioned and challenged votes being counted which -were -not--inciuded-in-the -first certified total. --Per __the. ordinances. the first recount doesn't cost anything if the election results are ! close enough (22) and provision for subsequent challenge -by the - - - — — candidate.- He -felt for protect -ion -of —the -integrity Of -the- ali&tion___- _ process the second recount shouldn't a paid for. L -10- e I i t L KENAI PENINSt1LA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13. 1987 He said the burden of proof of correctness was not on..the-Clerk as she had already certified the results but the question was to the Assembly to either upphold or not f prhothet�eCountlts. He felt a without formal motion by the Asaembly to pay allegation of wrong -doing was premature. Per his understanding of the ordinance, the candidate has three days to file a protest notice with specific reasons and Mr. Superman hadn't done this. He advised the notice had to be in writing. CHRACEREY FROMOTION TO ASSEMBLYPAY FOR A SECOND RECNT OF THE FUNDS FAILED ON A VOTE OF 12 NO DISTRICT 3, SEAT YES: Carey and Glick NO: Ol'Connelli,eSkogstad,MHodgins. McLane,andwJohnsonGahan, t President Sewall at this time made presentation of Certificates of Stan Thompsontion tforsou-tstandingrs Fran ervic Moore the communitieRon s and borouand gor h. ' (c) Oath of Office and Seating of Elected Assembly Members Borouthe oath of office to or Gilman, and Clar As emblym mbersinBrown,d Crawford, Hodgins. Moock Band Mullen. (d) Election of Officers ASSEMBLYMEMBER MC GAHAN NOMINATED ASSEMBLYMEMBER SEWALL FOR THE OFFICE OF PRESIDENCY. ASSEMBLYMEMBER GLICK NOMINATED ASSEMBLYMEMBER CAREY FOR THE OFFICE OF PRESIDENCY. AesemblyDistrictm2mfor a number ber -Glick nof years oted eand citedre Mr. president Mr. Care been competency. NAI OROUGHASASSEMBLY ONBER L WAS ELECTED A MAJORITY VOTE OF 8 PRESIDENT 0F THE 7 VOTES�WERE PCAST S�F1IORR ASSEMBLYMEMBER CAREY. ICEASSEMBLYMEMBER NOMINATED ASSEMBLYMEMBER MC GAHAN FOR THE OFF ASSEMBLYMEMBER WALLI NOMINATED ASSEMBLYMEMBER CAREY FOR THE OFFICE OF VICE-PRESIDENT. ASSEMBLYMEMBER CAREY WAS ELECTED VICE-PRESIDENT OF THE KENAI PENINSULA BOROUGH ASSEMBLY C ON A MAJORITY VOTE OF 9. S VOTES WERE CAST FOR AYMEMSE (h) Res. 87-94 & Subst. "Authorizing an Indemnity Agreement etween t e Central Peninsula General Hospital Service Area and the Emergencyy Room Physicians and Transfering a iAgreement" (Mayor, Req. CPH8A)Funding the Indem- nityASSEMBLYMEMEER GLICK MOVED ADOPTION OF RES. 87-94 (SUBST.) AND ASKED UNANIMOUS CONSENT. Finance Committee Chairman Crawford advised the committee recommended "do pass" on Res. 87-94(Subst.). He advised there would be a forthcoming' ordinance with the account number for, transfer and additional funds for the program. j Local Affairs Committee Member Mullen said the committee recommended "do pass". -- - Bob Jens - en sterling,Chairman of the -Central Peninsula Service-- a. e- - . •- -.-.-----.--...__ ....__..------_-._-- oar a v Bed Rich Underkofler, Chairman of the Finance Committee. Randy- _Nichols. --Director of Finance at the hospitals and Atty. f ---- ---------- - ----- - - Boedeker were available for questions. -- - - - - --- -- — --- -ll- I �J .-, _— +; t KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 1313� 1987 Y Rich Underkofler, Soldotna, gave an overview of the proposal advising f there is a pro em with malpractice insurance and the emergency room the service area board is recommending physicians and essentially providing indemnification of five years for the physicians. Limits of indemnification are $100,000 per incident or occurence and $400,000 aggregate for a term for five years. Other alternatives o were to buyy a tail coverage for the hospital to cover the exposure cost of $179.000 from the operating budget or t from 1983-1986 at a advise the physicians they wouldn't be covered. The legislation be seemed more cost effective with the his advisory $400,000 would fund balance as a potential earmarked out of the service area exposure. Assemblymember %ogstad asked who would oversee the payment of claims. Mr. Underkofler said essentially this was a self-insurance plan and be made without approval of the service area board no payment would and the borough assembly. Assemblymember McGahan asked clarification the employees were no but now employees of the hospital. Mr. - -- — -- -- longer contracted were Underkofler said since -July lot the physicians had been on Lutheran y Homes payroll as a solution to this problem. !' Randy Nichols Hospital Director of Finance, said the situation had a ' ^�ri ow of need" with closure on October 20th for action. RES. 87-94 SUBST. WAS UNANIMOUSLY ADOPTED. PER ASSEMBLYMEMBER SKOGSTAD'S MOTION AT THE SETTING OF THE AGENDA, _-. _ •T _ THE FOLLOWING ITEMS WERE PLACED FOR CONSIDERATION. (a) Annette Reese, REt Short Stop Liquor License Transfer Approval on September 1, in Bear Creek Annette Reese, Seward, advised she was a boardmember of the Seward school. She announced she appeared to file a protest with et an the Assembly against P 6 B Enterprises, Inc. receiving a transfer of location to Mile 1.6 Nash Road per her understanding of KPB Ord. she 85-75, Section 7.10.020, Assembly Protest. Specifically, addressed subsections 2.(c). (e). and (f). Subsection 2.(c). Where the location of the premises would be within five hundred e r feet of an alreadyestablished school, playground or church. She provided a definitionofpremises per Webeter's, i.e."land and its buildings i,.. and advised she found no prov-%%n for edeetrian route, traffic -- simply route or premises in a building in the ordinance premiies. She addressed the plat map showing three lots between P 6 B and the church and a measurement of 305.8 feet. After talking to Alaska Land P 8 B Enterprises, she was advised they I Surveyors. representing showed from the doorknob of P 5 B to the church playground a distance of 549 feet. They advised the current measurement, as Nash Road has 345 feet. She noted the church playground is ` been moved, was utilized by children- from all over the area and state statutes She out specifically addresses children and the environment. pointed only access to the school with a posted speed limit Nash Road was the of 50 mph. with no surveillance by troopers and didn't need } involvement with liquor. She submitted a petition of residents opposed to the location of the liquor store. v She next addressed Subsection 2.(e) Where the existence or location uses. She I of the promisee is inconsistent with surrounding property to keep the area residential and not �.. stated residents wanted t commerical. Subsection 2.(f). Where any other facts are presented that render the articular application objectionable to the assembly was Mrs. Reese's -- - — ,-----`--_--. 1 - - last point._ -__She_ -presentee a petition by residents within a 1 mile bayingg i1 radius of the proposed location opposing the Iiquor-etore-as and the neighborhood, signed by 55 an adverse effect on children --------------,r - -- - - - - -- - residents - - - - - - - - - -- - - - - - - ---- �. -12 �s L KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13, 1987 (b) Short Stop Liqour License Transfer ASSEMBLYMEMBER MC GAHAN MOVED TO BRING THE TRANSFER OF LOCATION OF THE SHORT STOP LIQUOR LICENSE BEFORE THE ASSEMBLY. L.A. Bencardino, Seward, appeared representing P & B Enterprises, Inc.IF He said when there was a question on measurements, P & B Enterprises hired Alaska Land Survey to do a certified measurement according to ABC standards resulting in 549 feet. He said the Short Stop was also a grocery store on a permanent foundation with gas pumps and not an establishment with drinking on the premises, He said there is a groat concern about abuse of alcohol but most citizens aren't abusers and should have the right to purchase a beverage to take home. He said the establishment would be run with the strictest enforcement on serving of minors or individuals under the influence. Pres. Sewall advised the public the assembly doesn't approve or disapprove license applications or transfers but have the opportunity to express the assembly's viewpoint to ABC who take them under advisement. The final decision is with the Alcoholic Beverage Control (ABC) Board. Assemblymember Walli confirmed Mr. Bencardino was aware of provisions within the application process about measurement and asked if the ABC form indicated there was a local ordinance. Mr. Bencardino indicated the ABC had not indicated so and P & B found this out later. However, when they remeasured they were still okay per -the borough ordinance. Mr. Bencardino said the distance was measured from door to door, normal walkway as per ABC provision and measured 675 feet based on distance from a church. Subsequently, when the structure was referenced as a school, per ABC rules the measurement was taken from the door to the property line. Remeasurement resulted in an ABC measurement of 539 feet, P & B's measurement was 549 feet. He said Alaska Lands Survey came out the door of. the establishment down the ramp and out to the fog line (white line) going straiAt to the church property. Assemblymember O'Connell asked Mr. Bencardino to confirm location of the line of measurement which he said was close to the middle of the driveway. Mr. O'Connell further asked what the normal pathway was from the store. Mr. Bencardino said probably people would walk across the street and go down the other aide. Mr. Sewall advised a steep ditch was present. Mr. Bencardino advised the church isn't visible from the store and there is a contracting business right down the street and a sawmill. gin d Miller Woodland Hills Subdivision, Seward, advised she was a res en an physical education teacher at the school. She said track and field running was done down Nash Road to the lagoon and back, passing the proposed location.- She said the building was a school prior to being a church. She said in annual clean-ups the majority of the trash was liquor related. Tro Sanders Seward, advised he had two children attending Seward ►r st an c ool and three more who would be attending in the near future. He was concerned about intermingling of children, high speed traffic and alcohol. He said he had no objection to the presence of the grocery store but did object to sale o alcohol. In response to Assemblymember Hodgins' inquiry, Mr. Sanders said enrollment in the school is 21 students. Assemblymember McLane asked if the playground were fenced and Mr. Sanders indicated it was not$ noting the top of Nash Road was even with the top of the swing sets on the playground. Tom Reese Mile 1.7 Nash Road, advised members the school had been 4 Moved KPJEMS location because of city restrictions prohibiting a school within the church building. The congregation then sold the building an ldpuurrchag d land outside the city where they felt the children wou as e. I .13- . f- a1 I� 1/ KFNAI. PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTABF.R 13 1987 — ASSF..MBT.YMF.MARR MC GAITAN MOVED TO PROTEST THE PROPOS ScDeRiANSFERLOF THE 20, SHORT STOP LIQUOR LICENSE BASED ON Ord. 85-75, Subsection 2.(0) WHERE THE. FXISTENCE OR LOCATION OF THE PREMISES WOULD UNDULY INTERFERE WITH SURROUNDING PROPERTY USES. "yam' Assemblymember McGahan stated she hadn't cited Subsection (c) - prohibition of eatabliahmant within 500 feet of established school or playground although she felt the criteria was clear - premise to premise or property line to property line. Assemblymember Crawford found it inconceivable any reasonable person couldn't measure 500 feet, especially a surveyor. He didn't see why f ice there had to be corners, etc. He recalled when the ordinance was enacted the measurement was left a straight 500 feet and the intent was not to make corners but was intended to be premises to premises. i He said he felt uncomfortable with surrounding use protest as opposed to measurement protest - TO ADDS ORD. M 87- 5�LI MOVED LANGUA E TOMEND REGARDINGE HC SECTION MOTION-(c . P500ESFEET r MEASUREMENT. Assemblymember McLane expressed agreement with Assemblymembare Crawford and Walli. However, he felt Nash Road with or without a 1 liquor store was a heavy traffic area and could pose a hazard. He believed based on premise to premise the location was within 500 feet. T ON 2JUM SURROUNDING RUSES. DREW THE PROVISION OF PROTEST UNDER SEC ASSEMBLYMEMBER WALLI MOVED TO PROTEST THE TRANSFER OF THE SHORT STOP LIQUOR LICENSE BASED ON ORD. 87-75, SECTION 2.(c), WHERE TH5 EXISTENCE, OR LOCATION OF THE PREMISES WOULD BE WITHIN 500 FEET OF AN ESTABALREADYWAS REQUESTEDANDTHE WALLI AMENDMENT WAS APPROVED UNANI PLAYGROUND OR CHURCH. OUSLYCONSENT Assemblymember Walli recalled the ABC Board had continuously requeeted criteria from the borough for a year which resulted in Ord. 85-75. She said when renewing her liquor license she knew there we information contained that there was another body who. had criteria i also. President Sewall relinquished the gavel to Vice -President Casey. Assemblymember Sewall said he would support the Walli motion with mixed emotions but he felt the ordinance was clear - straight line measurement. He zoning, developm development was ineviat ble in this he residents of this area area. UNANIMOUS CONSENT WAS REQUESTED. ASSEMBLYMEMBER HODGINS OBJECTED DUE { TO A DIFFERENT DEFINITION OF PREMISES - THE PROTEST OF 13 TRANSFER NOF THE SHORT s TOP LIQUOR LICENSE WAS ADOPTED ON AVOTE K. INTRODUCTION OF ORDINANCES 3 (a) Ord. 87-56 "Amending the Rules of Procedure for the seem y, Adopting Roberts Rules of Order, Newly Revised, and Amending the Kenai Peninsula Borough Code" ER (Legislative/policies 1987 Procedures Comm.) POSTPONED TO (b) Ord. 87-57 "Accepting and Appropriating a Grant from e tate ofgAlaska for the Kenai Peninsula Sprout CoastalProgram" EARINGy0r) SET FOR NOVEMBER 3. 19967R G ON THE CONSENT AGENDA (c) Ord. 87-58 "Amending the Borough Liquor License o ey r inance (Hodgins) J, ASSEMBLYMEMBER HODGINS MOVED INTRODUCTION AND A HEARING DATE OF NOVEMBERI7, 1987. -14- I [IN LA REGULAR ASSEMBLY MEETING ON OCTOBER 13 1987 KENAI PENINSULA BOROUGH public hearing was opened. Tom Reese Seward, said the reason he felt door to premises was na equate was a building could be setback 450 feet from the frontage location but measuring door to and be adjacent to a liquor license Jr door one could be over the 500 feet. He supported property line to -� property line. feltthe line with ghee State'gtea were somewhat ambiguoueeandrn tided to be 87-57 WAS SET FOR HEARING NOVEMBER 17, 1987 ON A VOTE OF 9 YES, ORD. • 5 NQt YESi Nash, Crawford, Moock. Carey, Glick, Sewall, Hodgine, McLane and Johnson. NO, Keene, Valli, Mullen, McGahan and Skogstad (d) Ord. 87-59 "Appropriating $48,000 for Nikiski Fire ' tat on mprovements" (Mayor) ASSEMBLYMEMBER GLICK MOVED INTRODUCTION AND SETTING HEARING FOR I NOVEMBER 17, 1987. committee recommended "do pass". Finance Chairman Crawford said the No public comment was given. Assemblymember McGaban asked Aden. Aest. Beat about expenditure of with requirement for handicapped grant funds without complying access. Adam. Asst. Beet said inquiry would be made and grant ember requested a memooYandum beto esuppliedeexplaining theAeseNikiski situation. a requested ORD. 87-59 WAS SET FOR HEARING ON NOVEMBER 17, 1987 BY UNANMOUS CONSENT. (e) Ord. 87-60 "Accepting and Appropriating Grants from Alaska to Update thh0 Borough Overall t e tate of pDevelopmentand EDistvict" (Mayine the or) lationiofDineEconomicnt CONSENT AGENDA HEARING 11-17-87 INTRODUCTION UNDER (£) Ord. 87-61 "Accepting and Appropriating Grant Funds Emergency Medical Services rom oa ern Region Medical Areathe Central,peninsularEmergency Service (Mayor) SETTING N OUNANIMOUS CONSENT WAS 6REQUESTED- AHSEARINGYFORBNOVEMBER 17�V198INTRODUCTION report was supplied. No public comment or committee 87-61 WAS SET FOR HEARING NOVEMBER 17, 1987 BY UNANIMOUS ORD. CONSENT. gg (g) OPeninsula3 ospitaliAdditionsaprojecteand Appropriating an Additional $54.138 for This Change Order' (Mayor) MOVED I UNANIMOUS CONSENT WAS REQUESTED' ORD. 87-63 TTINti FOR HEARING NOVEMBER017, 1987. Committee Chairman Crawford advised the committee recommended Finance "do introduce". ORD.87�63 WAS SET FOR -HEARING ON NOVEMBER 17, 1987 BY UNANIMOUS CONSENT. l -15- • d L L J - - - - - - - - --1 - - - - --- k- - - - - - ! 1 1� .. �. i � .. �. i � �II i KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13 1987 L. CONSIDERATION- OF RESOLUTIONS ' (a) Res. 87-83 "Requesting the Alaskan Delegates to the mite tates Senate and House of Representatives to Seek Allowaand ProvidenforFurther fVote FurnP blicAmendments LocalNCSA to Governmental Comment and Diecuesion" (Mayor)ASSEMBLYM-� SEAPWAS REQUESTED. FPROVALDAOPTION OF RES. 87-63 AND UNANIMOUS CONSENT ASSEMBLYMEMBER CRAWFORD VOICED OBJECTION. 0 Aesemblymember Crawford noted one year ago the same resolution had been adopted. He noted there is a legislative office representing I} the congressional delegation and if we hadn't received a position paper within a year from them, what was the intention of this i— resolution. _ _ oresta Midnight deadline arrived, flling-further-legislative debate_- 1 li wished the gavel to Vice -President Carey. Pres. Sewal re nq Assemblymember Sewall concurred with hone calls in pp ition Aesemblymember Crawford noting to the also pointed out tved he September 1987pbulletin from San- St vensnwhich contradicts information the borough has four years and plenty of the Senate 1991 bill.tclearingethetwaylforsconsiderattiiont of ther1991 bill on the Senate floor. Mayor Thompson spoke in favor of the resolution, noting one year aggo ° a public hearing was requested which has never been granted. He further said only two or three public hearings have been held in Alaska with limited speakers. He felt there could be adverse affects on the exemptionrfrom t taxation vench set t if property nderest fullyin real developed uert ntil s There nativ e provi sion forba land tax eba kwhich would be tax -exempted landa (b) Res. 87-84 "Authorizing the Payment of Membership Dues or t e enai Peninsula Caucus PY87-88 (Legislative/ Policies 5 Procedures Comm.) CARRYOVER to 11-3-87 (c) Ras. 87-87 "Approving a Central Kenai peninsula Area Medical �Ser"feesreement " (Moore)for MCtARRYOVER TO 11-3-87Emergency (d) Ree. 87Y of,Soldotoa fortthetPurand posec-_ ___ss _strutting and Maintaining a Water Line Withiny Sectiogqn 1, T4NRl1W, POSTPONEDTO11-3-87nPER1LLANDS COMMITTEE REQUES1) M. PENDING LEGISLATION (lateritimeasnotedt lists ggslat not ifor on waction hich iat thisll be dmeeting.)dressed t a N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. pUBLIc CONTAINED CO COMMENTS AND PUBLICSPRESENA TIONS UPON MATTERS NOT P. MAYOR'S REPORT (a) Memo 87-99 oilwell Road Repair Bid Tabulation Mayor, -Thompson advised the Maintenance Dept, had advertised for technical services to provide a technical assistance study to -be done_. .. _ ---_ _ ___ .e L L � L.� w LIM I i KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF OCTOBER 13, 1987 at Kenai Central High, Kenai Central high Vocation Bldg., Kenai Elementary and Nikiaki Elementary. --- After - review, the Maintenance Dept. selected U.S.G b H engineers for a price of $55,000. Q. OTHER BUSINESS R. ASSEMBLY AND MAYOR'S COMMENTS Assemblymembers welcomed new members Moock and Brown and Mayor Gilman and expressed their thanks to Mayor Thompson and Assemblymembere Johneon and Moore. Aesemblymember Carey noted he was prepared to draft a resolution addressing the Tyonek situation, setting a policy whereby all groups shall be treated the same in this borough and none shall have special privilege. He asked for comments. Aseemblymember Glick noted Administrative Assistant Best's work and accomplishments for the borough. She reported on the Kenai Caucus's annual meeting of October 3. 1987, noting very constructive input had been received. She said in the next packet she -would have a copy of the legislative positions and a couple resolutions would be considered at the Caucus's next meeting of November 2Oth. Assemblymember McGahan expressed her gratitude to Sam Beet for efforts made on her behalf and hie ability to cut through red tape. Pres. Sewall reminded members AML would be held in Anchorage November 10-13 and asked they contact the Clerk's Office. He thanked everyone participating in the election. Assemblymember Glick advised members AML candidates needed to be nominated by resolution and approved on November 3rd. Pres. Sewall said he'd be contacting members for committee assignments over the next two weeks. PRES. SEWALL ANNOUNCED THE APPOINTMENT OF ASSEMBLYMEMBER MC GAHAN AS PARLIAMENTARIAN FOR THE UPCOMING YEAR. Mayor Thompson commented on his tenure quoting Charles Dickens, "It was the best of times, it was the worst of timeet It was the age of wisdoms it was the age of foolishneset It was an epic of belief. it was an epic of incredulity It was the season of light it was the season of darkneast It was the Spring of hopes it was the Winter of despair." S. INFORMATIONAL MATERIALS AND REPORTS (a) Memo from Assemblymember Phillipet School Board Resolution (b) Letters RE Kasilof Store Liquor License Transfer Protest Override by ABC Board (c) Certification of Second Supplemental Assessment Roll T. NOTICE OF NEXT MEETING AND ADJOURNMENT (November 3, 1987) President Sewall adjourned the meeting at approximately 1200 a.m. Date Approved November 3, 2987 ME 67 athan Sewa ee r y ATTESTt rou er ' -17- i 0 77, Forget Me Not Flyer Sponsored by Older Alaskans Commission and City of Kenai KENAI SENIOR SERVICES Program Coordinator: Liz Schubert Phones 283-7294, 1104 Misnion M13. Activity Specialistt Louise Earle Service Hourst 9:00 - 3:00, M-F MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 2 Election Day 3 Balloon Ball 4 11RO" Game Mind Joggers6 *10 0 Decorations Home School Variety Show Familiar Songs Movie Brothers Quiz Bingo King in theCorler Name Game "DE11 Game Ice pox Magnets 9 10 11 12 13 lisp$$ Game Lunch - $300 "As the Saying Mind Joggers OUT TRIP Veterans Day Goes" Game Fudge Making Solid Rock CENTER CLOSED Bread Bake Movie Bible Camp Bingo Dominoes h. 16 17 18 19 20 "What Animal" "Charades" Mind Joggers "AD" Game 11DD11 Game Quiz Movie Remembering Glamour Hour Cake Bake "Clean Up Day" Bible Share Arts and Crafts Birthdays Cards how.. 23 24 25 26 27 Nursery Rhymes Home Made Thanksgiving Day Mind Joggers History/Mystery Quiz Thanksgiving CENTER CLOSED Dinner Party Dinner Prep. Movie _11inner Proparati 0 Bible- Share Bingo "Lots Talk" -Dominoes RIA1 LVL&Lr,0____ 3AIL 0 j: 01) go 1000 Group Quiz "Remembering Arrival/Greatin Coffee Klatbh litoo Open IsActivity the Depression Current Events 11:45 Devotional Slide Show 9:30 Group Exeriise 12100 Lunch 10:00 Active Game RR 1A 0 CALENDAR HIGHLIGHTS FOR NOVEMBER 10 - Outing to Solid Rock $3.00 Lunch Donation 11- CENTER CLOSED VETERANS DAY 19- Louise's Birthday 25- Homemade Thanksgiving Dinner- Everyone Welcome, please RSVP 26- THANKSGIVING DAY CENTER CLOSED THE CAREGIVER SUPPORT GROUP WILL NOT BE MEETING THIS MONTH PLEASE CONTACT LIZ IF YOU WOULD LIKE TO ARRANGE FOR A PERSONAL MEETING. MONDAY TUESDAY A MESSAGE, FROM THE COORDINATOR Lots has been happening at the Center# four new participants have joined us last month and we have been getting too know them. This month we would like to imlite family members to join us for a homemade Thanksgiving Feast on Wednesday, November 25th at 12:00 noon. Please let us know if you are planning to attend and how many in your party. November is being Proclamed as National Alzheimers Disease Month, by the President, Govenor Cowper, and Kenai's Mayor John Williams. Many thanks to Twila Castro for meeting with the Clarion reporter for a story on Alzheimers published in October. Also, special thanks to Una Kooley and volunteer Kathleen for donating articles for the Craft Fair,Nov. 27th,28th and 29th to be held at the Kenai Highschool. More items can be used, please let us know if you can help. WEDNESDAY THURSDAY FR1DO 2 FRENCH DIP 3 CHILI/CHEESE 4 ALMOND CHICKEN 5 ROAST BEEF 6 BAKED MALIB POTATO SALAD TOSSED SALAD FRIED RICE GRAPE JUICE BAKED POTATOO` COLESLAW SLICED TOMATOES HONEYED CARROTS RICE/POTATOES CAESAR SALAD PEACH PIE CORNBREAD FRUIT CUP ASPARAGUS CHEESE ROLL ICE CREAM SK.FOREST CAKE HOT ROLLS BROWNIE BREAD PUDDING 9 COFN CHOWDER 10 CHICKEN PARME 11ftn4v 12 POTATO SOUP 13 BEEF STROGANOF CHEF SALAD O'BRIEN POTATOES •%*$ld TURKEY SANDWICH NOODLES SOUR DOUGH OR, CABBAGE VETERAN'S DAY SPINACH SALAD SUNSHINE SALAD SHERBET DESSERT CITRUS FRUIT FRESH FRUIT GREEN PEAS ROLL OR PIE' CUSTARD PIE SOUP&SFANAWICH NOT ROL L 16 LASAGNA 19 CHICKEN STEAK 17 STUFFED POTATO 19 CHEESEBURGER 20 TURKEY DIVAN GARLIC BREAD GARDEN SALAD NOODLES LETTUCE/TOMATO MASHED POTATO TOSSED SALAD MUFFIN GREEN BEANS CRANBERRY SALAD BROCCOLI 2UCHINNI FRESH FRUIT ORANGE SECTIONS FRENCH FRIES TOSSED SALAD CHOCOLATE CAKE DESSERT BIRTHDAY CAKE BOSTON CR. PIE HOT ROLLS HOT ROLLS ICE CR. SUNDAE 23 CORNISH HENS 24 25 " 14 A 26 27 RICE STUFFING GREEN PEAS - HOMEMAKERS THANKSGIVING - *A A"es � -- - . THANKSGIVING VAI ATION. A PINEAPPLE JUICE ROLLS-- DINNER �- �, OP" -W- - - - - - - -- - -. TURNOVERS 30 BEEF STEW POTATOE/CARROTS APPLE JUICE MAND. ORANGES CORNBREAD rueaaawr •7 L Rtv* gay �tlte L L Ico o�� �� ore - e - ot" �� ��Flyer Sponsored IV Older Commission Alaskans and City of Kenai KENAI SENIOR SERVICIES Program Coordinator: Liz Schubert Phone: 283-7294, 1104 stioniOn AY3 - Activity Specialist: Louise Earle Service Hours: 9:00 - 300, M Amwat, Exercise MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY DAILY ACTIVITIES 1 2 3 4 Current Events CUT Cookie Bake Round Games Name that Christais Room Decoration Tune Devotional Bible Share Christmas Songs Hot Lunch Bingo Bingo Kings in the Active Games Arts and Crafts Bingo 1 9 0 11 7 8 Rhyme Game OUT TRIP Broad Bake Happy Birthday! Gift of Gold Game Solid Rock Birthday Party! Violet B-! Bible Share Candy Making Player Prover Luncheon-$3.00 Twas the Night All Player Prover 0 Before Christmas came Bing Before 18 14 16 17 Slide Show Ballon Ball Bread Bake City_ State Happy Birthday Liz! Game Arts and Crafts Bible Share Pizza Party Bingo Clean Up Day few$ Game Christmas Poems Bingo — 25 2 23 24 21 MERRY "ReWe OUT TRIP rtb8gAj?.,, Christmas Christmas Sing CHRISTMAS Arts and -Crafts -Party- - 1009m a Long Kenai Greenhods CLOSED CENTER Games/Cake Walk Christmas Trees Christmas Stories Bingo_ _ _ __ _ _ __ Prover 17 18 y State 29 31 26 30 OUT TRIP CENTER CLOSED I "Lots Talk Homemade Lunch Now Year's Party "Remembering Now Years" Music" at Heritage Place Now Years Day. Bible Share Support Group Bingo Mtg. 12:00noon g4n,o n—v F E DECEMBER CALENDAR HIGHLIGHTS 8 - Outrip to Solid Rock Luncheon $3.00 �'- 10 - Happy Birthday Violet B. 18 - Happy Birthday Liz ! 21 - Out trip to Kenai Greenhouse 23 - Christmas Party - 1:00 pm 25 - Center Closed. Happy Holidays 29 - Caregiver Support Group Mtg. 12:00 31 - New Years Party- Heritage Place JANUARY 1st, CENTER CLOSED NEW YEARS DAY! A1P A MESSAGE FROM THE COORDINATOR Jingle bells. Jingle bells..... Its beginning to feel and look alot like Christmas throughout the "Forget -Me -Not" Center. Please post this calendar and be sure to note the special"Christmas" activities. Families are welcomed and are encour"eTM t^, o _ a e art and 1� n in the fun fora Christmas Party on Dec. 23rd at Ls00 „gyp. Santa is expected to stop y, earoles will be sung. Also planned are a few games and a cakewalk. The participants and staff were pleased CAREGIVER SUPPORT GROUP that so many family members, volunteers and friends of the Center participated this i The Caregiver Support Group Meeting will year at our "Thanksgiving Dinner". Over be held at noon on Dec. 29th at Ft. Kenay. 50 persons enjoyed the meal and fellowship. Special thanks to all those -that -contributed ' This month's topic will deal with "Legal time and food. Ione Wiadom.Ruth and Sherman Issues". A video will be shown. Pritchard.Aian West and Violet Beesley, Pat Mueller, Kim Gaines. &JAA+� **There are a few Christmas Bazaar items left. be sure to get your gift tags! ♦'. n-. :•err: *1"'; 1 ,-'°.q.''.p�: y� ., rJ.k; F!•• , ...�,. ,. ..� rvt.�.rn!'-c.`QT%!ID;!2.ati ..7. -a�,' •�GT',^".'t•t� MONOAY TUESDAY WEONESDAY THUR80AY FRIOAY :. 1 SPLIT PEA SOUP 2 ROAST PORK 3 ROAST BEEF 4 CHOP 8UEY GRILLED HAM SANO APPLESAUCE POTATOES BROCCOLI POTATOES RICE WON TON SOUP COLESLAW TOMATO JUICE OR STUFFING JUICE MOLDED SALAD CHOC. MOUSSE BANANA CAKE APPLESAUCE CAKE RL.LFRUIT 7 9AL19BLRY STEAK 8 GLAZED CHICKEN P BAKED SALMON !0 BEEF TERYAKI POTATOWORfWY CUCUMBER SALAD BRUSSEL SPROUTS STEAK FRIES POTATOES/PEAS CHILLED BEETS OR. RICE GREEN WAND ;! NOT ROLL SALAD NOT ROLL SPINACH SALAD i ,' fit+ifRE RB 01AK" NOT ROLL. SNICKER DESSERT ROLL OFSOEPT ;14 BAKED HASWEGG, 18 GLAZED HAM Id NFiVY BEM SOUP 17 600 CHICKEN OR PANCAKES SHEET POTATOES RASPBERRY PEAR PORK;CHOPS POTATO PANCAKES I SPIKED BEANS POTATO SALAD A.+ BACON MELON BROCCOLI ROSY APPLESAUCE COLESLAW f V-8 JUICE NOT ROLL CHOCOLATE PIE LETTUCE DGE ROLVICE CUM ROLL DESSERT I 21 22 CLAM CHOWDER 23 HUNGARIAN GOULASH 24 ROAST LAMB GRILLED CHEESE B1,T SANOWICII NOODLES MINT JELLY TOMATOE SOUP RED COLESLAW CAULIFLOWER CAST SCALLOP POTATOE VEGGIES . FRESH.FRUIT. CARROT_ SALAD . _ ITALIAN BEANS FRUIT ICE CREAM PUDDING MUFFINS DESSERT ROLL CR• PIE t 28 MUSHROOM STEAK 2! VEGETABLE SOUP EGO OR BALOONA 30 ' r SOUP AND 31 BAKED HAW! BLACK EYE PEAS MASH POTATOES ! TOSSED SALAD SANDWICH SANDWICH LIMA BEANS MIXED VEOI. PINEAPPLE SAWVEGGIES FRUIT CRANBERRY SALAD ' SR. 2 d _--eeeeu ee��we - IPLLWMS =-tre roeew ,�{_„ \ � DESSERT MUFFIN ,J eaAM nnea es L 11 KNOCKWURST SAURKRAVf GR. POTATO SAL COTTAGE CHEESE STRAGJSERR" CK . 4 bit. FdREAD, i8 SPAL-191 Tl MEAT SAUCE TOSSED SALAD GARLIC BREAD GREEN PEANS BLUEBERRY SUCK 23 How CHRISTMAS j 1V i prp 7 r J ^ kf j STEVE COWPER GOVERNOR q r 9mATI. of A=.AsUA arrICE or THE GOVERNOR JUNMAU November 19, 1987 !a 4 << J The Honorable John J. Williams ip Mayor, City of Kenai s�czt•1£0�` 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams: Thank you very much for your recent letter outlining capital project proposals for your community. We strongly urge that you work with your local legislators in developing capital Project proposals. Further, you may wish to provide copies of your proposals to the appropriate department of state government and the Division of Budget Review. This will allow people in the administration to meaningfully assess the respective merits of your proposal. We will be working with your legislators during the 1988 legislative session to set the FY 89 capital budget. Thank you very much for your interest. sincer, , eve }C�owPor� Governor' cc: Jay Hogan Associate Director Division of Budget Review "WI f L K 0