HomeMy WebLinkAbout1987-05-20 Council PacketKenai City Council
Meeting Packet
May 20, 1987
Kenai City Council
Meeting Packet
May 20, 1987
I
Kend ONY O ttnoN
The X" OMY Count VA hold
public Iwhlgs am Ne
toploaMNeWadnsadaQnlsBig
O An ors 1- for an a000w
sng oteslge eaI '111 rig a debt
MrAn Md YMleed d a speow
"easement fund so the year -and
IYwIOMI etnsrllMMs of Me city w
claw. -
O An ordinance *$WblMhinp
uniform annivarearg data for
emlpbyese. .
O M ordMurlas ewwllMq a'
new employee. oM"ikellon. a
polbakMna&.
O An ordlMnaa establishing
raOWARmi WA d WonnGlow
rlsvrbossrlpfsosgr.
O An ordimm elovdng the
doretlon of it,tea b Ne Nbrary De
useilfarbe plrroflanaboolls.
O M orAbsnoe InorssMng ge
pw rang! of tie IegM Mww ham
ragj 12 lo. Ran4p 16, or from
around $32.000 to around
637.000.
O An ord nel" to PMNaIPnb In
Nn le" Ilood keuannar pro-
gram.
O M ordrwuce 10 aooeq a eMM
grant of st 81.500 far PWAV Mud
dev$b~ d an MOM 0111' a1a
log program to aMna owa;«e, a
an Mlsmoove to a Pltrrw Hone.
0 A resolution transferring
11,800 to Ile We BkxtMe AN
Conefto n cornafte 0 Pay for
the mMerlw to malts dIWW
bards to Ne ConarmMon and
o11MroMl010100000010.
O A MWOon selling the MIN
tee for Of wo M 8 peroMM of
approved fair nelket Value, to
sane pswt se In the pat.
O A ►M IU1100 awa►dlnp a son.
knot for Wo police oars 10 Sold*
Iwo Hutchings Chevrolet for
$27,326.38, *M wr dO*
Was, Ow Ne Karel oar dwbr,
Croycroft ChryNer, whloh bid
$27,439.28.
O A rNolr O Mlp WSV the
loostlon of BIG Air NOMW OuNd In
KWW and dedialMq 04 eons of
dy airport Itnde for No unit. The
meoluft M based an a PotMItlM
MM of mae 0.1 we and six
room 1Wlcopism along with 200
full-time employees and 300
guardsman.
O A resolnbn Iwo** a bid for
a wiser siorage ink b Remkow
Caporalbnfor1g,786.
O A resolution transferring
$2;600 toward the ouarMN airport
Mnpmvwmd prof d Mouse of a
ahE3 A s aildli l ocnloamirq the
Mawg at me Kew CRY Co*
beco ua the dly did not get anyone
to bid lo Is" Ne new dock. M •
mom inthe aft, Korreb a he
bwwa0 014 nn MMI bid an so"
a from $17,O0 to 11111.2,000 and
an Btallon 2,ifrom $12.000 to
$8.000.
KEMAI CRY COUINK • 1116111" MNrM1O
stAV Y8,10 7 - I'M PM
B. PERSONS PRESENT SCHEDULED TO BE HEARD
I. C" soon • FAKM C)bcw
2. w Caq" KMW Peninsula Scrough EnOWW
• City CO Nag of Qv WS Wwr -
Sb1WIg Waste Si$
C. PUBLIC HEARINGS
1. OrdYwroa 120347 • IncressMq Rev/Appre • 84186 Ad-
vance Refunding Debt Service Fund -
---1400;113-
2. O►dgwuw 1204.87 • Amending KMW MurnoipM Cody. 23
• gat Employee An Oweary Delp st
tot Of M0nth
3. OrdWmm 1205.87 • Aner1r1h KW W MuMo 000. 23
• EMab W rMrp New Employee CiesNca•
Mdi1 • Poaoe T0611ee Posillon.
4. Od once 1200.87 • AmsrK p KMW MwnotpMCods, t t
• Harbor A Harbor FsoWee.
6. Odinsnce 120"T • Increasing RwlAppns - libraryt
Dore • 11,063.
0. OrdNIMIa 1210 87 • An W&V KMW MuniolpMCod
• Pay Rangs Iroreae - Legit AWM M
7. Resolution 87.21 • Paraolpatlq In Flood I sumos Pro.
pram (Postpone Requested by PW
8.04610
g. Resolution 87.28 • Acospling Owd for krdspandenlLiv
Ing Program - •181.800.
10. Reolutlon 87.27 • Transfer FedMM Revenue 806d6
BIONOM M Consul w CaM OS
sl,eoo.
1 I. Resoldlon 07.28 • Ss" d F* IAwW Valve for RMrn
en Lem of City Lands.
50. Resol ilon 87.28 - Awarding Contrast for Two Police
ii Cite - HutahMgs Chevrolet.
f 13. Msolutbn 87-30 - SuppMYrlg Air IVettonnl OWd Unit In
Kenai.
14. ReaolnMn 67.31 - Awarding Old, Mar Stenos Taal
Room $9.788.
/ 8. Rwol llon 87-32 - TOOK of Funds • AM" BMMy
1! Zane, OAA T"M, TWM Mr
prownwns IrlepsRic-12,600.
a. APPMO - E11gMeW -Ctwga
Order n.
b. App"• CtwO Order 02.
18.1Nswim 67.93 - Lrewe on City Monte Dock.
Tie, P ac M kwm to ~ and pMMDgIaN.
JMe! WhaNn, am
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MAY 20, 1987 - 700 PM
PLEDGE OF ALLEGIANCE
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
I. ---Calvin -Scott -• Re€use-Col�eetton
ula
eer
f�`• ;.
y�,City DisposingKofaSurgacesWateroroSterlinnWasteg
Site
�. C. PUBLIC HEARINGS
1. Ordinance 1203-87 - Increasing Rev/Appns - 84/86
Advance Refunding Debt Service Fund - $408,113
2. Ordinance 1204-87 - Amending Kenai Municipal Code,
23 - Set Employee Anniversary Dates at 1st of
MonTh
3. Ordinance 1205-87 - Amending Kenai Municipal Code,
;f 23 - Establishing New Employee Classification -
Police Trainee Position
Ordinance 1208-87 - Amending Kenai Municipal Code,
it - Harbor & Harbor Facilities
5. Ordinance 1209-87 - Increasing Rev/Appns -Library
Donations - $1,083
6. Ordinance 1210-87 -Amending Kenai Municipal Code,
23 - Pay Range Increase - Legal Assistant
' 7. Resolution 87-21 - Participating in Flood
Insurance Program (Postpond Requested by P&Z)
S. Delete
' 9. Resolution 87-26 Accepting Grant for Independent
F Living Program-161,500
iQ...RQSQlution 87-27__-Transfer Federal Revenue
_-
Sharing - Bicentennial Constitution Committee
L..
L
M
11 . ,•_-a
F
11. Resolution 87-28 - Setting of Fair Market Value
for Return on Lease of City Lands
12. Resolution 87-29 - Awarding Contract for Two
Police Cars - Hutchings Chevrolet
Resolution 87-30 - Supporting Air National Guard
a• 14. K8&6l&,9Rn0-31 - Awarding Bid - Water Storage
Tank Repairs - $9,785
15. Resolution 87-32 - Transfer of Funds - Airport
Safety Zone, GAA Tiedown, Taxiway Improvements
Inspection - $2,500
a. Approval - Engineering - Change Order $2
b A roval - Change Order N2
V Pp
- 16. Resolution 87-33 - Leases on City Marine Dock
D. COMMISSION/COMMITTEE REPORTS
1. Planning & Zoning
2. Harbor Commission
3. Recreation Commission
Librar Commission
4. Y
- 5. Council on Aging
6. Airport Commission
7, Misc. Comm/Comm
E. MINUTES
—1. *Regular Meeting, May 6, 1987
F. CORRESPONDENCE
1. *Kenai Central High School - Student Government
Day (Thanks)
2. *Jackie Oberg - Volunteer Reception (Thanks)
3. *Governor Cowper's Office, Ray Price - Transfer
State Roads to Local Municipalities
4. *Sen. Fischer - Transfer State Roads to Local
Municipalities
5. *Anchorage Fiscal Officer, Barbara Steckel -
Revenue Sharing Special Appeal
6. *Woodard Const. - FSS Station
7. *Cooperative Extension Service - Plant Test Site
S. Sen. Hensley - SB-188 - State Fisheries Management
- 9. *Sen. Murkowski - Air Guard Unit in Kenai
10. DEC - Application for Wastewater Disposal Permit -
Seafood Processing Wastewater
i G. OLD BUSINESS
"y
K. NEW BUSINESS
Bills to be Paid, Bills to be Ratified
-- - --- -= - -- 2 Requisitions -Exceeding $1,-000 -
3. *Ordinance 1211-87 - Adopting Budget - Fy 87/88
1 --
�r
-4. *Ordinance 1212-87 - Amending Kenai Municipal
Code, 23 - Allowing Employment of Persons Not U.S.
Citizens, but otherwise Eligible to work
5. /Ordinance 1213-87 - Rezoning Dena'Ina Pt. S/D
fi. *Ordinance 1214-87 - Amending zoning Map -
Thompson S/D - Henderson Replat
7. Discussion — Security System - FSS
8. Disc. - Agreement, Kenai Borough & City -
Community Schools
9. Sale of Lana to TEMT Alaska, Inc. (Kambe Theatre)
Alyeska S/D
10. Report - Economic Development Committee
I. ADMINISTRATION REPORTS
0 —1. City Manager
2. Attorney
3. Mayor
4. Clerk 14-
S- Finance Director
7
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COUNCIL MEETING OF
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COUNCIL MEETING OF
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MAY 20, 1987
INFORMATION ITEMS
1 - Letter, Public Works Director Kornelis to Kenai
Borough - Borough Land Transfer for Ballfields
2 - Letter, Office of Governor - Proclamation for National
Youth Week
3 - Alaska Resource Development Council Meeting, 5-17-87
4 - Alcoholic Beverage Control Bd. - Application for Liquor
License Renewal, One Stop - Over -ride of.Council
Recommendation
5 - Library Report - April 1987
-= 6 - Kenai Fire Dept. - Bost for Joint Conference, Oct. 1988
7 - Delete
6 - Billing - Wm. Nelson, Engr. - Boating Facility -
$118,423.159
9 - Billing - Zubeck, Inc. - Airport Safety Zone, GA Apron,
Taxiway - $367,173.65
10 - Delete
it - Kenai Borough Minutes, April 7, 1987
12 - Kenai Borough Agenda, May 19, 1987
jw
G CITY OF KENAI�'��" "1 r
�., rod chap it
210 FIDALOO KENAI, ALASKA M11
TELEPHONE 983.7M
MEMORANDUM
TO: Keith Kornelis, Public Works Director
FROM: Robert Bears, STP
DATE: May 20, 1987
SUBJECT: STERLING WASTE SITE WATER
After careful review of the test results, I see no problem with
processing the water from sites 1 and 3 at the proposed rate of
30,000 gallons per day (gpd) dumped out in the collection system
to disperse•the flow.
Site 2 & 4 because of their high solids, loading the amount of
minerals and high Cod loading we can still handle but at a rate
of 10,000-15,000 gpd maximum.
y
}
'; DEPT\STP\STERLING.MEM
_ L3 —
CetiN4/L
rT.!'Soa dc�tSo,�'A
T �!i N�ARD
CITY OF KENAI
6;ajoiW oj 4"I.
210 FIDAL4I0 KENAI, ALAIIKA Mil
TELEPHONE213- O �
i
TO: William J. Brighton, City Manager
FROM: Keith Kornelis, Public Works Director
DATE: May 15, 1987
SUBJECT: KENAI WASTE WATER PLANT RECEIVING SURFACE WATER FROM
THE STERLING SPECIAL WASTE SITE
FOR: COUNCIL MEETING MAY 20, 1967
Attached is a letter written by Bill Conyers of the Kenai
Peninsula Borough, dated May 13, 1987, written to you with the f
rram-�►► request for the City of Kenai to help in disposal of 1,000,000
t..i gallons of surface water from the Sterling Special Waste Site.
Attached is a site map, pictures, and quite an extensive test
analysis report of the water that they are asking us to accept.
Because the test results are quite lengthy (15 pages) I have not
included them in the materials for the Council packet. They are
available for anyone who is interested and I will have them at
the Council meeting.
i
I have asked the operators at our Waste Water Treatment Plant to
thoroughly analyze the test results and the letter to see if
there is any technical problem with us handling this surface
r water. I should have a report on it by Wednesday night.
I have pointed out to Mr.Conyers that there are certain problems
that would have to be taken care of concerning the Kenai Code
before we could accommodate his request. A copy of the
applicable portions of the Code are attached. The following
items would have to be addressed:
1. Does the surface water meet the technical criteria for
material that can be placed in our system. As I
mentioned earlier our Waste Water Treatment Plant
operators are checking it out at this time.
2. The Council would have to make some kind of exception
- ---`— - - - to -the fact that -the--material- is coming from out side-- - -
�� the City limits.
I
`�f 1
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---. - - ---A
3. The Council would have to come up with some kind of
agreement as to what it would cost the Borough for us
to treat this surface water. under our present Code,
septic material that is deposited into our system would
cost the depositors $10 per 100 gallons; therefore, the
cost of 1.p00,000 gallons would be $100,000. Y am sure
that the figure of $100,000 would be more than adequate
for the City of Kenai, however I doubt very much that
that figure would be acceptable to the Kenai Peninsula
Borough. Whatever the cost is, it should be more than
enough to cover the operational expense of handling the
surface water. There should be a'lot of money received
to cover the potential problems that the plant might
have if we accept the surface water. There should also
be a clause in our agreement that will allow us to stop
receiving the material if and when the City of Kenai
feels that it is causing a difficulty at the plant.
I hope to have further information at the Council meeting on May
20, 1987. It is my understanding that Bill Conyers from the
Kenai Peninsula Borough will be at the Council Meeting to address
this topic.
KK/sw
Attachment A . . . KPB Letter of May 13, 1987
B . . . Site Map of Sterling Special Waste Site
C Pictures of Site
D Kenai Code Chapter 17 and Rates
--- DEFT\PWDIR\PTERLING.MEM
A
t" ( N'� KENAI PENINSULA BOROUGH
L `�-� BOX 950 • SOLOOTNA. ALASKA 99660
G i Ai1et. _ PHONE 262.4441
May 13, 1987
I �
STAN THOMPSON
MAYOR
Mr. Bill Brighton
Kenai City Manager
P.O. Box 580
Kenai, Alaska 99611 -
Dear Mr. Brighton:
Subject: Sterling Special Waste Site i
The Borough has been directed by the Alaska Department of
Environmental Conservation (ADEC) to close out the Sterling
Sppecial Waste Site. As part of that closure the Borough must
dis ose of the some 1 000,000 gallons of surface water that
exists in Pits , , and 9 see attached drawings The water }
overlays drilling muds and may have contaminates easeed the
safe drinking water standar s. As such, the Borough cannot !
spose o ese waters by percolating them into the ground. ;ll
ADEC has suggested that the Borough evaporate this water by
injecting air by air compressors into the water. I am very
skeptical that this will work as it is an entirely weather
dependent process.
an event the Borough has lined pits 2 and 3 with viaqueen
In y g s of water from pits 8
and has pumped approximately 180,000 gallon �
and 9 into these pits and have also commenced with the aeration
process.
I wish to proceed with another course of action and request that
we dispose of the water through your sewage treatment plant. To i
assure that we do not upset the treatment plant, I would propose ;
the following procedure for your review:
1. Chemical tests have been taken from pit 2 (test locations 1 ,
and 2) and pit 3 (test location 3 and 4) (see attached) for
your review of any chemical concentrations that might upset
the plant.
f
2. If the water in pits 2 and 3 is acceptable, then I would !
proceed-to_...dis�oae. o£ water a__ rate of 2500 to 3800
-
gallons per hour (one trip for um er truck per hour)" w i
no more than ju 00 gailons per day. This rate would dry up
e vow —me currently n p s -- -- an --3-- in one week.-- ---As- a - - -
further precaution, 'the disposal would be in a manhole at a f
City Manager
May 13, 1987 page 2
point far away from the treatment plant to allow for
dilution as it travels towards the treatment plant.
3, i would then pump an additional 180,000 gallons of water
from pits 7, 8, or 9 up into pits 2, 3, and A. Then test
that water for chemical concentration and your approval. If
it meets with your approval, proceed with the disposal at
ocleates untildiieithered in stethe water is. 1 would disposed f orinue we havehmetia
rejection by your office.
I would appreciate discussing this matter with youA- Naturally I
resume a fee for the disposal would be appropriate. i would be
wililng o --implement any other reciateayour conaiderationmin
necessary. I would sincerely app
this matter.
S'i'nccer�eel�y�_,_,
William J Conye
Borough gineer
WJC/amf
Attachment (1)
AVACHUBW
I�AO<..�....OF
�':�!�•� 4�._ dw. Y`�Ilt,'r�.�is7..+' - '-1- - - � --- --- :..:aii � � � ' - -- - L Y
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_ LEGEND t tst ie oo to :00
Pond N w"fis Hr0 A IMr ecology dC environment. Inc.
Renee : fool RIO-8500-02 waste slier. AK0003
Elevotlon contour oroun ett Oen Plopenger 3oter 7/7/E6
FIGURE 3.3 - -- - - - - -
SITE MAP
:--+— -- -- ---_ 57ERUNG SPECIAL WASTE SITE - - - -- - - -- Steeling. A
LATfACiiNaw r
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17.20.070-17.30.010
criteria established for computation of costs of the water
distribution system of the City. In the event any of the costs
are to be paid for on an installment or deferred payment basis,
then said property shall be subject to the same liens as are
provided for special assessments as set forth in the Charter of
the City of Kenai, Alaska, Section 7-5. The c:,argee authorized
herein shall be incorporated into a contract for the requested
improvement. (Ord. 182)
Chapter 17.25
PENALTY FOR LATE PAYMENT
Sections
17.25.010 Penalty.
17.25.010 Psnalt : Failure to pay a water and sewer bill
for services in fu 1 by the 25th day of the month, following the
first day of each month, shall result in a penalty charge on the
amount due. In addition to such penalty, interest shell be
charged. Such penalty charge and interest shall be computed as
specified in KMC 1.75.010. (Ord. 238)
C
Chapter 17.30
PROHIBITED DISCHARGE OF CERTAIN SUBSTANCES INTO
SANITARY SYSTEM
Sections:
17.30.010 Definitions.
17.30.020 Prohibited substances.
17.30.030 Receiving facility.
17.30.040 Permitted discharge of septic cesspool
materials.
! 17.30.050 Penalty -fine imposition.
17.30.060 Civil penalty.
17.30.070 Discontinuance of service.
17.30.010 Definitions: (a) Sanitary sewer system means j
the sewer treatment plant facility of the City of Kenai and
includes all pipes, menholea, lift stations, holding lanka,.and ,
entry ways of any kind through which materiel may flow into -and
-- -- -- - - - through the sewer treatment plant f.acili.ty.-.-
- 1 1
17-10 ATTASMMENT p
(City of Kenai PAQE,�OE`_=�../
Supp. #43 - 10/1/86)
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17.30.010-17.30.020
COf Discharge means to dump, drop, release, insert, or
otherwise allow to enter into the sanitary sewer system any of
the prohibited materials set forth below.
(c) Septic material means the contents of any septic tank
seepage disposal system containing the drainage from sinks and
toilets and the like.
(d) Cesspool material means the contents of any pit or
receptical containing the drainage from sinks and toilets and the
like.
(a) Septic tank pumping vehicle means any vehicle used to
carry septic or cesspool material. (Ord..517)
17.30.020 Prohibited Substancess It shall be unlawful
for any person to:
(1) discharge or cause to be discharged any of the
following described substances into the sanitary sewer systems
e any surface water runoff
b) any gasoline, benzene, naphtha, fuel oil, motor oil,
mineral spirits, commercial solvent, or any flammable or
explosive liquid;
(c) any waters or wastes having a pH lower than 6.0 or
higher than 9.0 at any time, or having any other corrosive
property capable of causing damage or hazard to structures,
equipment, and personnel of the sewerage works;
(d) any waters or wastes containing toxic or poisonous
substance in concentrations such as to constitute a hazard
to humans or animals or to interfere with any sewage
treatment process or create any'.hazard in the receiving
waters of the sewage treatment plant, including, but not
limited to, the following substances:
Fixed Upper Limits for Conatitutents
(Parts per million by weight)
Cadmium 5.0
Chromium 3.0
Copper 3.0
Cyanide 0.0
Nickel 0.1
Silver 5.0
Tin 5.0
Zinc 3.0
Phenol 0.5
(a) any waters containing quantities of radioactive
substances in excess of presently existing or subsequently
accepted limit_e_for drinking water as established by the
National Committee on Radiation Protection -and Measuring;
ATTACHMENT
17-11 n.
(City of Kenai
Supp. •43 - 10/1/86
0
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L
,h
17,30.020-17.30.040
(f) any waters or wastes that may create a public nuisance,
interference with the operation or maintenance of the
sewerage system, or interference with normal biological
processes in the receiving waters, as may be determined by
the Public Works Director;
(g) any plastic bags;
(h) any fish, animal, or carcass, or part thereof greater
then three inches in diameter or four inches in length;
W any glass, wood, metal, or stones;
- Q ) any item made of cloth or woven material;
(k) any material including septic and cesspool wastes
deposited from a septic tank pumping -vehicle except as
- - specifically permitted pursuant in KMC 17.30.040 below.
C
It shall be unlawful for any person tot
(2) cause to be admitted into the Kenai Sewer Utility
System any waters or wastes having a suspended solids content in
excess of 2,000 parts per million by weight.
(3) interconnect or cause to be interconnected directly or
indirectly any part of a sanitary sewer system with any part of a
storm sewer system. {
(4) cause to be admitted into a sanitary sewer and waters
or wastes whatsoever other than through an approved, permanent
sewer extension, or at a sewage dump station or other location
which has been specifically so designated by the Kenai Public C
4Works
Director. (Ords. 302, 382, 517)
17.30.030 Receiving Facility: .The City shall establish a
facility to accept septic cesspool materiels which is free from
debris and other prohibited substances outlined in KMC 17.30.020
above and otherwise meets the biological effluent control i
standard as determined by the Public Works Director and the 1
1
Federal Department of Environmental Protection. (Ords. 382, 517)
4
17.30.040 Permitted Discharge of Septic Cesspool
Materialst Septic cesspool material meeting the effluent
standards as established by the Public Works Director (which
shall not be less stringent then the standards established in the
prohibitions set forth in KMC 17.30.020 above) may be discharged
i
into the sanitary sewer system from a septic tank pumping vehicle
at a location specified by the Public Works director upon the
payment of a gallonage fee. The fee and quality standards are
set forth below:
(1) The City of Kenai Water and Sewer Utility shall
establish a holding tank for receiving bulk septic material
}j
screened and free of all nondegradable materials.
(2) Such holding tank, being limited to a total of 1,400
gallons at. _any give -.time,- shall. _a_ccep-t _such septic materials-
--_
�
Tuesday through Friday. Materials accepted shall be trickled on
_a continuous basis into the Plant for treatment.
17-12 ATTACHMENT
PAGN 3
(Clty of Kenai "'CF��
Supp . 043 - 10/ 1 /86 )
F
17.30.040
(3) Bulk septic materials may be directed to the Sewer
Treat Plant (STP), Tuesdays through Fridays, between the hours of
6:30 a.m. through 11:30 a.m. and 1:00 p.m. through 4:00 p.m.
Only the gallonage shall be received as the holding tank is
capable of receiving. .+
(4) The source of the bulk septic materiels must be
=
identified by name and parcel number at the time of delivery and
payment of the fee. The form must be signed by property owner. f
The form is set forth as follows: `
PROPERTY OWNER'S SEPTIC DUMPING FORM
'
1. Date septic material picked up: i
2. Pumping Company:
3. Property Owner's Name:
4. Property Owner's Mailing Address:
Property Owner's Residence Address:
S. Size of Septic Tank ga ons :
71
We hereby declare that to the best of our knowledge, the
above septic material came from within the City limits
of Kenai on the above -described property.
]YROPERTY OWNER PUMPING COM Y
?.
(S) The fee per acceptance of bulk septic material shall be
in accordance with rates set in the Public Utility Regulations
and Rates of the City of Kenai, plus tax.
_
(6) Each bulk material handler must equip him equipment
with discharge hose screens ^- other suitable devices to insure
that no material larger then 1/4" can be discharged into the
holding tank.
(7) It shall be the delivery personnel's responsibility to
stick the tank and determine the ability to discharge safely
without overflowing.
(8) The delivery personnel will pay the dumping fee and
receive the go ahead from the STP operator BEFORE he starts to
set up for Jumping. After he has completed�umping and put away
his hoses, he will check with the STP operator who will sign the
.
permit slip, give the delivery personnel a copy, and check to
- ;
make sure no spillage has occurred. +
(9) If spillage hoe occurred, if any nondegradable
material has been put into the system, or if the system has been
�.
plugged, the delivery person shell be subject to the
jleft
penalties as established by KMC 17.30.060 and/or 17.30.070 and
4
1
the septic material handler may forfeit his right to discharge
material in the future.
17-13
(City of Kenai
Supp. 043 - 10/1/86
Lo
7
J.
0
0
17.30.040-17.30.070
(10) The delivery personnel are to discharge septic
material under the direction of the STP operators. All delivery
personnel are asked to cooperate completely with the operators
and failure to do so can terminate their dumping privileges.
(11) If the bulk material handler and/or the property owner
forges or in any way falsifies the property owner's septic
dumping form [as required by KMC 17.30.040(4)), then in that
event the bulk material handler and/or property owner will lose
his right to utilize the dumping facilities.
(12) The City of Kenai reserves the right to audit records
of bulk septic materials operators on a periodic basis. (Ord.
302, 382, 517, 760 )
17.30.050 Penalty -Fine Impositions Any person, firm, or 1
corporation violating any provision of this chapter shall be
subject to a fine in an amount not to exceed $500. Each
discharge or dumping shall constitute a separate violation.
(Ords. 302, 382, 517)
17.30.060 Civil Penalty: (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 $1,000. 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 awa*rd of reasonable attorney's
fees and coats from the court in prosecuting such an action.
(Ord. 517)
17.30.070 Discontinuance of Service, In addition to the
penalties provided by law, violation of this chapter shall be
sufficient cause for the Kenai Sewer Utility to discontinue sewer
service to env property on which such a violation has originated.
Criminal conviction or other judicial action is not a
fc prerequisite to discontinuance of service. (Ords. 3021 382, 517)
- - - --- -- - - - 17-14 ----
(City of Kenai [PAGN.._ OPT..
Supp. d43 - 10/1/86)
i
j'
t
L
f i
I
F
Cesa�aQl_Piamea�-Chasse= The fee charged for acceptance at the
sewer treatment plant of septic material collected within the
City of Kenai shall be $10 per 100 gallons. The gallons
delivered shall be as estimated by the sewer treatment plant
operator.
3. SCHEDULE C - INDUSTRIAL SERVICE (NON -METERED)
8er�iQnhh
(dater.
Concrete mixing plant $100.00
Concrete products $ 50.00
Confectioner $ 33.35
Greenhouse, commercial $ 33,35
Ice Cream plant $ 50.00
Cold storage plant or lockers $ 23.35
QCmand_CbaL3e= In addition to the above, the following shall
be added where the water connection is larger than 3/4 inch:
1" service $ 8.00
service $ 12.00
1-" service $. 20.00
2" & larger service must be
metered
dinimnm_CbQrSjL: one month's service.
rAgWp.._CU3LSefl= Monthly sewer charges shall be 233% of
monthly water charges.
4. SCHEDULE D - FIRE PROTECTION SERVICE
Fire.,plQxe�LiQn_&erYiee: For automatic sprinkler systems:
NO CHARGE
ggeeial_Caa�i�iaas= 4
(a) Water service under this schedule shall be available, at
the option of the City, to "dry type" automatic sprinkler
systems for fire protection only.
PU-7?
ATTACHMENT (Public Utility - 2/17/82)
PAQNOF -- . (City of Kenai
Supp. 16 - 5/27/82)
Li
L
KENAI PENINSULA BOROUGH
BOX 850 • SOLOOTNA. ALASXA 9 Js6A
r PHONE 262.4441
STANYORPSON
MAYOR
A
•1
May 13, 1987
Mr. Bill Brighton
Kenai City Manager
- -
P.O. Box 580
Kenai, Alaska 99611
Dear Mr. Brighton:
Subject: Sterling Special Waste Site
- ;
The Borough has been directed by the Alaska Department of
Environmental Conservation (ADEC) to close out the Sterling
i'
Special Waste Site. As part of that closure the Borough must
dispose of the some 1,000,000 gallons of surface water that
}
exists in Pits 7,8, and 9 (see attached drawings). The water
overlays drilling muds and may have contaminates that exceed the
safe drinking water standards. As such, the Borough cannot
dispose of these waters by percolating them into the ground.
;.
ADEC has suggested that the Borough evaporate this water by
I:
injecting air by air compressors into the water. I am very
skeptical that this will work as it is an entirely weather
dependent process.
In any event, the Borough has lined pits and 3 with visqueen
and has pumped approximately 180,000 gallons of water from pits 8
and 9 into these pits and have also commenced with the aeration
process.
I wish to proceed with another course of action and request that
we dispose of the water through your sewage treatment plant. To
^
assure that we do not upset the treatment plant, I would propose
the following procedure for your review:
"
1. Chemical tests have been taken from pit 2 (test locations 1
and 2) and pit 3 (test location 3 and 4) (see attached) for
your review of any chemical concentrations that might upset
the plant.
2._ .If. _ the_ water_.in__pits. -2- and 3 -.is- acceptable,. then I would
proceed to dispose of water at a rate of 2500 �0 3800
allons oer hour (
no more than 30004
e vo ume current
further precaution
i4t
f
�c
}�I
FBI
me tr ip for pumper truck ger nour
a ons er da- * Tnis rate wou d- drA upp- - - -
n "p is 3 in one weeko the disposal would be in a manhole at a
I
Iss
City Manager
May 13, 1987 Page 2
point Ear away from the treatment plant to allow for
dilution as it travels towards the treatment plant.
3. I would then pump an additional 180,000 gallons of water
from pits 7, 8, or 9 up into pits 2, 3, and 4. Then test
that water for chemical concentration and your approval. If
it meets with your approval, proceed with the disposal at
the rates identified in step 2. I would continue with this
cycle until either the water is disposed of or we have met a
rejection by your office.
I would appreciate discussing this matter with you. Naturally I
presume a fee for -the disposal would-be appropriate.' I would be
willing to implement any other safeguards that are deemed
necessary. I would sincerely appreciate your consideration in
this matter.
Sincerely,
William J Conye
Borough gineer
WJC/amf
Attachment (1)
i
24
a
i
alto roadti
tramsmisma
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .
wooded
11 Wed
wooded
4M Wed
olfferenes
wooded
area
....... ...
. ...................
too at via
04vallon
— — — — — - — — — —
diffffenas
dl 30' 4i#VQtW
60
— — - — — — — — — — —
too CO&C"ment
dl won alien
.. .... .... dirt read.
"Good area
LEGEND 3 is ii .00 .80 -210
Pond . ecology & environment, Inc.
Fence Z JODI RIO-8506-02 waste Ow AK0003'
Elevation contour crown ois Don PlIppenger oam 7/7/8s
FIGURE 3.3
SITE MAP
STEIRUNG SPECIAL WASTE SITE -
Sterling, AK-
3
IN
0�1 P
N
• � r
7
+
}�+• fr(n,i l � it
�i
crm or Kimm
P. 0. 8CM 680 * KMAI. ALAGWA 99611 * PHOP401203-7535
I
To F &rw DATE
AlzwAwew CAerotQt SUBJECT
Y
ed ze
V
& I Br
DATE
*-I
Ml�
W W 509. D-Ni. to,"
OCTA004 AND 1149 PON FOl-LQW*W!!o
L
HEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
03 B STREET • ANCHORAGE, ALAuKA 99518 • TELEPHONE (907) 562-2343
Client PON t VERBAL Req Nt
Client Smpl ID: STERLING WASTE SITE► LOCATION t
Sample Rec' d t MAY 5 87
Ordered By s MONTE BARRETT
REPORTS ADDRESS N1
KENAI PENINSULA BOROUGH
BOX 850
SOLDOTNA. AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
Instruct:
ANALYSIS REPORT BY SAMPLE
Work Order No.
: 465
Client Account
: KPBDPWP
Date Report Printed:
MAY 12 87 @ 15:17
Released By
:
REPORTS ADDRESS N2
ME
-
ChemlabRef N1 6135 Lab Smpl IDt I
Matrix: Water
Allowable
Parameter Tested
Result/Units
Method
Limits
------ --------------------------------------------------------------------------------
KENAI PEN INSULA BOROUGH
n/a n/a
ALUMINUM
1.2 m9/l
ICP
i
ARSENIC
ND (0.05) mg/1
ICP
BARIUM
2.8 m9/l
ICP
-
BORON
NO (0.05) me/l
ICP
CALCIUM
11 mq/1
ICP
CADMIUM
ND (0.01) mg/1
ICP
- i
CHROMIUM
0.055 mg/1
ICP
COPPER
NO (0.05) mg/1
ICP
IRON
1.2 m9/l
ICP
MAGNESIUM
1.9 mg/1
ICP
►'
MANGANESE
0.14 mq/I
ICP
i
MERCURY
ND (0.05) mg/l
ICP
=�
NICMEL
ND (0.05) mq/1
ICP
t
PHOSPHORUS(TOTAL)
0.29 mg/1
ICP
-,
SELENIUM
ND (0.05) mq/l
ICP
j
SILICON
7.1 mg/1
ICP
SILVER
NO (0.05) mq/1
ICP
i
SODIUM
53 mg/1
ICP
j
---------_ - ----;- .-
.. STRONTIUM
-0.092mq/-1-
ICP
�
.
,..-�-------
TIN
ND (0.05) mg/1
ICP
=- - - --
-- - -- ---- ---
- - - VANADIUM - -
ND (0.05)_mgtt - - - -
ICP
ZtNC
0.064 mg/I
ICP
ZIRCONIUM
ND (0.05) mq/1
ICP
AMMONIA-N
0.10 mg/1
{
K.IELDAHL-N
7.2 m9/1
`
NtTRATr_►I
0.29 mq/1
10
Ll
i�
L
1
. r—
FIEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC-
i633 8 STREET - ANCHORAGE, ALASKA 99518 - TELEPHONE (907) 562-2343
ANALYSIS REPORT BY SAMPLE
Client PC# : VERBAL Rea N:
I Client Smpl ID: STERLING WASTE SITE, LOCATION 1
Sample Rec'd : MAY 5 87
1
Work Order No. s 465
Client Account : KPBDPWP
Date Report Printed s MAY 12 87 a 15:17
Rai eased By sACfi
Ordered By s MONTE PARRETT l !
REPORTS ADDRESS 02
REPORTS ADDRESS N1
KENAI PENINSULA BOROUGH
BOX 850
{
i
SOLDOTNA, AK . 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
' i
;t
Instruct:
Chem]ab Ref M: 6135 Lab Smpl ID: 1
Matrix: Water
I
{
Allowable
Parameter Tested
Result/Units
-------
Method limits
--- -------------------------- ------
------------------ --------------------------
NITRITE-N
0.023 mg/l
CHLORIDE
64 mg/l
FLUORIDE
0.73 mg/l
f
OIL b GREASE (LOW LEVEL)
0.6 mg/l
>
PHENOL
ND (0.01) mg/l
EPA 420.1
PHOSPHORUS(ORTHO)
NO (0.01) mg/l
ICP
SULFATE
3.5 mg/l
ti
RESIDUE:(TDS)FILTERABLE
274 mg/l
I
RESIDUE:(VFT)VOLATILE/FIXEDT
95 mg/l
RESIDUE: (SS) NON -FILTERABLE
76 mq/1
+
RESIDUE:(VFF)VOLATILE/FIXEDF
50 mg/l
HARDNESS las CaCO3)
35 mg/1
i
+;
ALKALINITY(CaCO3)
63 mg/I
-- '#
COLOR -APPARENT
--PCU
'-
COLOR -TRUE
225 PCU
t i
CONDUCTIVITY
390 umhos/cm
PH
9.4 units
TURBIDITY
29 NTU
k
TOTAL COLIFORM
0 col/loom)
-60a5 -
-26.mq/1
-
,.... >,
COD
172 mg/l
CYANIDE
ND (0,001) mq/I - -
- - - - - - - - — -
- - -- - -- - -
ti
METHYLEPlECHLORIGE
ND (1) ppb
EPA 601
1. 1 DICHLOROETHYLENE
ND (1) ppb
EPA 601
1. 1 DICHLOROETHANE
ND (1)ppb
EPA 601
CHLOROFORM r
NO f 1) cob
EPA 601
1
FIEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
i633 B STREET - ANCHORAGE, ALASKA 99518 - TELEPHONE (907) 562-2343
O,,�w0lpfNp��
ANALYSIS REPORT BY
SAMPLE
Client PON 1 VERBAL
Req N1
Work Order No.
1 465
Client Smpl 10: STERLING WASTE SITE,
LOCATION
Client Account
1 KPBDPWP
Date Report Printed lMAY 12 87 a 15:19
Sample Reed 1 MAY g 87
Released By
Ordered By 1 MONTE PARRETT
y
REPORTS ADDRESS N2
REPORTS ADDRESS N1
KENAI PENINSULA BOROUGH
BOX 850
f
i.
SOLDOTNA. AK. 99669
Special SEND REPORT OUT VIA SOUTH
CENTRAL AIR.
_
y
Instruct:
• ti
Chem)ab Ref M1 6135 Lab Smpl
ID1 1
Matrix: Water
;
Allowable
i
Parameter Tested
Result/Units
Method
Limits
- --------- -----------------
- -
- ------
- - ------
CARBI
(11 ppb
EPA 601
1. 2 DICHLOROPROPANE
ND (1) ppb
EPA 601
TRICHLOROETHYLENE
NO (1) ppb
EPA 601
1.1,2 TRICHLOROETHANE
NO (1) ppb
EPA 601
'
DIBROMOCHLOROMETHANE
ND (1) ppb
EPA 601
TETRACHLOROETHYLENE
NO 11) ppb
EPA 601
CHLOROBENIENE
NO (1) ppb
EPA 601
TRICHLORFLUOROMETHANE
NO (1) ppb
EPA 601
TRANS-I.2-DICHLOROETHYLENE
NO (1) ppb
EPA 601
'
1, 2 DICHLOROETHANE
ND (1) ppb
EPA 601
1,1,1 TRICHLOROETHANE
NO (1) ppb
EPA 601
MMODICHLOROMETHANE
NO (1) ppb
EPA 601
'(
TRANS-I.3-DICHLOROPROPENE
NO (1) ppb
EFL 601
-
CIS-1.3-GICHLOROPROPENE
ND (1) ppb
EPA 601
- '
BROMOFORM
NO (1) ppb
EPA 601
1.1,2,2-TETRACHLOROETHANE
NO (1) ppb
EPA 601
CHLOROMETHANE
NO (1) ppb
EPA 601
.
BROMOMETHANE
NO (0 ppb
EPA 601
VINYL CHLORIDE
ND (1) ppb
EPA 601
±
�.
CHLOADETHANE
N0. (i ) PPk.
EPA
4
---------._ __-- __-- _-- _ -i
-.. _.. _ __ .
1, 4 DICHLOROBENZENE
_
NO 11) ppb
- -- --
EPA 601
_ -
- 2-CHL�FOET YLVINUETHER -
- -
- NO (1) ppb - -
EPA 601
1, 3 DICHLOROBENZENE
ND (1) ppb
EPA 601
i. 2 DICHLORODENZENE
ND (0 ppb
EPA 601
BENZENE
NO (1) ppb
EPA 602
TOLUENE
ND (1) ppb
EPA 602
F.
f.
,
:M1
< f
FIEMICAL & GEOLOGICAL LABORATORIES OF ALASRA. INC.
i633 B STREET - ANCHORAGE, ALASKA 99518 - TELEPHONE (907) S62.2343
Client POM 1 VERBAL Reg b1
Client Smpl ID: STERLING WASTE SITE. LOCATION
Sample Reed : MAY 5 67
Ordered By s MONTE BARRETT
REPORTS ADDRESS N1
KENAI PENINSULA BOROUGH
BOX 850
SOLDOTNA,AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
Instructs
ANALYSIS REPORT BY SAMPLE
Work Order No. s 465
Cl ient Account 1 KPBDPWP
Date Report Printed MAY 12 87 B 15:18
Re) eased By 1 xv
REPORTS ADDRESS 82
LM
CNeml ab Ref N s 6135 Lab Smpl ID: 2
Matrix s Water
Allowable
-
Parameter Tested
Result/Units
Method Limits
---------------------------------------------------------------------------------------
KENAI PENINSULA BOROUGH
n/a n/a
'
ALUMINUM
4.6 mg/l
ICP
}
ARSENIC
NO (0.05) ma/l
ICP
BARIUM
11 mg/1
ICP
'-,
BORON
ND 10.05) ma/l
ICP 6.
CALCIUM
22 mq/1
ICP
CADMIUM
NO (0.01) mg/1
ICP
1
CHROMIUM
0.51 mg/l
ICP
COPPER
ND (0.05) mg/1
ICP
IRON
3.9 mg/l
ICP
MAGNESIUM
3.0 mg/1
ICP
MANGANESE
0.27 mq/1
ICP
-
MERCURY
NO (0.05) mall
ICP
NICVEL
NO (0.05) mq/l
ICP
'
PHOSPHORUS (TOTAL)
0.25 mq/l
ICP
SELENIUM
NO (0.05) mg/1
ICP
SILICON
14 mg/l
ICP
SILVER
NO (0.05) m9/1
ICP
SODIUM_
132 ma/1
ICP
_. -- - . -- . - .
STRONTIUM
0.24 mq/l
P
NO (0.05) mg/l
ICP
_ _TIN
VANADIUM-
NO (0.05) me/1
ICP
ZINC
0.12 mg1l
ICP
ZIRCONIUM
ND (0.05) mq/1
ICP
!
AMMONIA-N
14 mg/1
KIELEAFL
17 mq/l
`
0.80 m
i1
n fit,
�i
{
I
1
HEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.-
5633 8 STREET - ANCHORAGE, ALASKA 99518 - TELEPHONE (907) 562.2343
ANALYSISREPORTBY SAMPLE
Q�.,MOICIgpI,`
V
Client POO t VERBAL Req M: Work Order No. 1 465
Client Smpl ID: STERLING WASTE SITE, LOCATION 2 Cl ient Account : KPBDPWP
Date Report Printed: MAY 12 67 @ 15:19
Sample Rec'd : MAY 5 87 Released By t �dCL
Ordered By : MONTE BARRETT
REPORTS ADDRESS A2
REPORTS ADDRESS 01
- - -
KENAI PENINSULA BOROUGH
BOX 830
SOLDOTNA,AK. 9%69
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
s
Instruct:
y
Chemlab Ref Ns 6135 Lab Smpl ID: 2
Matrix: Water
Allowable
Parameter Tested
Result/Units
Method Limits
_
---------------------- ---•----- ---------------------------------------------------------
NITRITE-N
0.029 mg/1
CHLORIDE
110 mg/l
FLUORIDE
0.36 mg/l
OIL & GREASE (LOW LEVEL)
1.0 mg/l
PHENOL
ND (0.01) mg/l
EPA 420.1
PHOSPHORUS(ORTHD)
0.018 m9/1
ICP
0
'
SULFATE
9.0 mg/l
RESIDUE:(TDS)FILTERABLE
509 mg/i
RESIDUE:(VFT)VOLATILE/FIXEDT
168 mg/l
t
RESIDUEtISS ) NON -FILTERABLE
216 mg/i
RESIDUEt(VFF)VOLATILE/FIXEDF
48 mg/l
}
HARDNESS (as CaCO3)
67 mg/l
t
ALKALINITY (CaCO3)
142 mg/l
----
COLOR -APPARENT
-- PCU
l;
COLOR -TRUE
1500 PCU
CONDUCTIVITY
650 umhos/cm
}
PH
7.9 units
:?
TURBIDITY
39 NTU
TOTAL COLIFORM
76000 coVlOOml
'
8005
17_ mg/l
_.
C00
260 mg/ 1
CYANIDE
ND (0.001 mg/i
-- - ---- ---------- ----
METHYLENE CHLORIDE
ND (i) ppb
EPA 601
_
1, 1 DICHLOROETHYLENE
ND (1) ppb
EPA 601
1, 1 DICHLOROETHANE
ND (1) ppb
EPA 601
CHLOROPOrIM
ND (11 ppb
EPA 601
t
f
NEARCAL & GEOLOGICAL LABORATORIES OFALASKA, INC.
3633 8 STREET - ANCHORAGE, ALASKA 99518 - TELEPHONE: (807) 562.2343
ANALYSIS REPORT BY SAMPLE
CI tent POM t VERBAL Req Kt Work Order No. 1 463
Cl ient Smpl IDt STERLINGWASTE SITE, LOCATION2 Cl tent Account t KPBDPWP
Date Report Printed iMAY 12 87 9 15t19
Sampl a Rec'd t MAY 5 87 Released By, t
Ordered By t MONTE BARRETT
REPORTS ADDRESS N2
REPORTS ADDRESS M1
KENAI PENINSULA BOROUGH
Box 850 ►
SOLDOTNA,AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
Instructs
{�
Chem)ab Ref Nt 6135 Lab Smpl IDt 2
Matrix: Water
Allowable
•
Parameter Tested
Result/Units
Method Limits
--------
--------------- ----------------------------------------------------------------
CARBONTETRACHLORIDE
ND (1) ppb
EPA 601
C
1, 2 DICHLOROPROPANE
ND (1) ppb
EPA 601
TRICHLOROETHYLENE
ND (1) ppb
EPA 601
1,1,2 TRICHLOROETHANE
ND (1) ppb
EPA 601
DIBROMOCHLOROMETHANE
NO (1) ppb
EPA 601
;
TETRACHLOROETHYLENE
ND (1) ppb
EPA 601
.
CHLOROBENZENE
NO (1) ppb
EPA 601
TRICHLORfLUOROMETHANE
NO (1) ppb
EPA 601
TRANS-I,2-DICHLOROE7HYLENE
ND (1) ppb
EPA 601
-
1, 2 DICHLOROETHANE
NO (1) ppb
EPA 601
1,1,1 TRICHLOROETHANE
ND (1) ppb
. EPA 601
'
BROMODICHLOROMETHANE
ND (1) ppb
EPA 601
TRANS-1.3-DICHLOROPROPENE
NO (1) ppb
EPA 601
-
4.
CIS-1.3-DICHLOROPROPENE
ND (1) ppb
EPA 601
'4
BROMOFORM
NO (1) ppb
EPA 601
.
1,1,2,2-TE'iRACHLOROETHANE
CHLOROMETHA-4E
NO (1) ppb
ND (1) ppb
EPA 601
EPA 601
-i'
BROMOMETHANE
NO (1) ppb
EPA 601
'
VINYL CHLORIDE
NO (1) ppb
EPA 601
---------------___---.---_''- -
...- ..CHLOROET.HANE' - --- --.
ND (1).ppb- -
EPAA.01 . _..----__-.-
1► 4 DICHL OROBENZEHE
ND tl) ppb
EPA 601
'
->�----- - -.._ ..----- - --<;- --
- ---2-CHLOROETHYLYINLYETHER _
N6 t11_ ppb -
- EPA bt)l- - - - - - - - 1- -- -
1, 3 DICHLOR08ENZENE
ND (1) ppb
EPA 601
1, 2 DICHLOPWODENZENE
NO it) ppb
EPA 601 k
BENZENE
ND (1) ppb
EPA 602
TOLLO.:
NO (1) ppb
EPA 602 4
4f
N{
r
FIEMICAL & GEOLOGICAL LABORATORIES OF AI..ASKA, INC.
i633 El STREET • ANCHORAGE. ALASKA 99518 • TELEPHONE (907) 662.2343
ANALYSIS REPORT BY SAMPLE
Client PON : VERBAL Req N:
Work Order No. 1 465
Client Smpl ID: STERLINGWASTE SITE, LOCATION2
Cl ient Account t KPBDPWP
Date Report Printed: MAY 12 87 @ 15:19
Sample Rec'd : MAY 5 87
Released By.
Ordered By : MONTE BARRETT
REPORTS ADDRESS ®2
REPORTS ADDRESS_#1 ---
KENAI PENINSULA BOROUGH
BOX Bw
,
SOLD NA AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
f
Instruct:
Chemlab Ref N: 6135 Lab Smpl IDt 2 Matrix: Water
Allowable
t. Parameter Tested Result/Units
5 ---------------------------------------------------------------------------------------
Method Limits
1 ETHYLBENZENE NO, (1) ppb
EPA 602
CHLOROBENZENE ND (1) ppb
EPA 602
p is m XYLENES NO (1) ppb
EPA 602 F
o-XVLENE ND (1) ppb
EPA 602
1, 4 DICHLOROBENZENE ND (1) ppb
EPA 602
1, 3 DICHLOROBENZENE NO (1) ppb
EPA 642
1, 2 DICHLOROBENZENE ND (1) ppb
EPA 602
I
t�
j
•Y.
Remarkst
• aeooeneaefleQanaennaennaaaaooaaoaaaaaa=aenneneeaoeaaoaera0000naaaeaaenarinba�aena000a,soaea
88 Tests Performed + See Special InstructionsAbove
NOa None Detected ++► See Sample Remarks Above
NAa Not Analyzed LT=Less then, GTnGreater Than
•
L
a
VEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
i633 B STREET - ANCHORAGE, ALASKA 99518 - TELEPHONE (907) 562.2343
Client POO : VERBAL Reg N:
Client Smpl ID: STERLING WASTE SITE, LOCATION
Sample Rec`d : MAY 5 87
Ordered By : MONTE BARRETT
REPORTS ADDRESS #1
KENAI PENINSULA BOROUGH
BOX 850
ANALYSISREPORT BY SAMPLE
Work Order No. : 465
Client Account : KPBDPWP `
Date Report Printed: MAY 12 87 @ 15:20
Released By
REPORTS ADDRESS N2
M
--. `-Vm
SOLDOTNA. AK. 99669
_ -.- Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
Instruct:
i Chemiab Ref N: 6135 Lab Smpl ID: 3
Matrix:Water
Allowable
Parameter Tested
Result/Units
----- ---------
Method Limits
----------------------------------
-------------------------------------
( KENAI PENINSULA BOROUGH
+
ALUMINUM
1.5 m9/1
ICP
ARSENIC
NO (0.05) mg/l
1CP
r4 1fAhIUM
2.8 mo/I
ICP
�I BORON
ND (0.05) m9/1
ICP
CALCIUM
11 mg/I
ICP f
CADMIUM
ND (0.01) mg/l
ICP
CHROMIUM
0.060 m9/1
ICP
COPPER.
NO (0.05) mp/1
ICP
IRON
1.4 m9/i
ICP
MAGNESIUM
1.9 mo/l
1
' MAMANGANESE0.15
m9/l
ICCPP
i MERCURY
ND (0,05) m9/l
ICP
NICKEL
NO (0.05) mg/1
ICP
PHOSPHORUSfTOTALI
0.22 m4/I
ICP
SELENIUM
ND (0.05) n9/1
ICP
S1L1Cnt+
7.6 mg/l
ICP
1
- .+. SILVER
ND (0.05) mg/1
ICP
SODIUM
53 mg/l
ICP .
STRONTIUM ._ _ -
0:092 mg/+
ICR
-
TIN
NO (0.05) 29/1
ICP
`'- — ---,— ---- - --- — - --VANADtUM -
NO (0.05)19/1- - -
1CP--- - — -
ZINC
0.062 ma/1
ICP
ZIRCONIUM
ND (0,05) mg/l
ICP
AMMONIA-N
ND 10.05)09/1
KJELDAHL-N
6.5 m9/1
NITRATE-•N
0.29 mg/l
10
1
t.�
L
f1F.MICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
i633 B STREET • ANCHORAGE, ALASKA 99518 • TELEPHONE (907) 562.2343
ANALYSIS REPORT BY SAMPLE
Off.{w01o,Mp��
'• 7
C1 tenL POM t VERBAL Req N t
Work Order No.
t 465
Cl lent Sapl IDt STERLINBWASTE SITE, LOCATION3
CI ient Account
t KPBOPWP
j
Date Report Printed MAY 12 87 a 15t20
Sample Rec' d s MAY 5 67
Rol eased By
Ordered By : MONTE BARRETT
'
REPORTS ADDRESS 02
REPORTS ADDRESS Nl
KENAI PENINSULA BOROUGH
BOX 850
SOLDOTNA. AK. 9%69
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
i
Instructs
Chemlab Ref N: 6135 Lab Smpl IDs 3
Matrix: Water
y:
-
At l orrabl e
Parameter Tested
Result/Units
Method
Limits
NITRITE-N
0.015 mg/1
CHLORIDE
83 mg/l
FLUORIDE
0.67 mg/l
OIL & GREASE (LOW LEVEL)
0.5 mg/I
PHENOL
ND (0.01) mg/1
EPA 420.1
PHOSPHORUS(ORTHO)
NO (0.01)mg/1
ICP
l
SULFATE
4.1 mg/l
RESIDUE: (TDS)FILTERABLE
268 mg/I
RESIDUEt(VFT)VOLATILE/FIXEDT
106 mg/l
RESIDUEs(SS)NON-FILTERABLE
81 mg/1
r }
RESIDUEt(VFF)VOLATILE/FIXEDF
45 mg/1
_
HARDNESS (as CaCO3)
35 mg/1
_
ALKALINITY(CaCO3)
56 mg/l
-
COLOR -APPARENT
PCU
COLOR -TRUE
225 PCU
CONDUCTIVITY
380 umhos/cm
PH
9.1 units
TURBIDITY
31 NTU
TOTAL COLIFORM
480 col/100ml
------------- — "---=:
- BODE
22 mg/1.--
_`.
COD
194 m9/1
—. —.--: — - --- -- - - - - -
- -CYANIDE - -
ND 1040011 m9/i
{.
METHYLENE CHLORIDE
ND (1) ppb
EPA 601
19 1 DICHLOROETHYLENE
NO 11) ppb
EPA 601
1. 1 DICHLOROETHANE
NO (1) ppb
EPA 601
CHLOROFORM
NO 11) oob
EPA 601
,. 7
FIEMICAL & GEOLOGICAL LANORATORIES OF AI.ASKA, INC.
i633 B STREET - ANCHORAGE, ALASKA 99518 - TELEPHONE (907) 562.2343
Cl ient P011 s VERBAL Req Ms
ClientSmpl IDs STERLING WASTE SITE, LOCATION 3
Sample Rec'd : MAY 5 87
Ordered BY s MONTE BARRETT
REPORTS ADDRESS Ni
KENAI PENINSULA BOROUGH
BOX 850
SOLDOTNA,AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR -
Instructs
ANALYSIS REPORT BY SAMPLE
Work Order No. s 465
Client Account t KPBDPWP
Date Report Printed s MAY 12 87 B 15s20
Rel eased By s 0C£-
REPORTS ADDRESS N2
M
,
ChemiabRef M:6135 LabSmpl IDs3
Matrix:Water
Allowable
Parameter Tested
Result/Units
Method Limits
M
---------------------------------------------------------------------------------------
CARBONTETRACHLORIDE
ND (1) ppb
EPA 601
1, 2 DICHLOROPROPANE
_
NO (1) ppb
EPA 601
TRICHLOROETHYLENE
ND (1) ppb
EPA 601
`
1,1,2 TRICHLOROETHANE
NO (1) ppu
EPA 601
DIBROMOCHLOROMETHANE
NO (1) ppb
EPA 601
TETRACHLOROETHYLENE
NO (1) ppb
EPA 601
CHLOROBENZENE
NO (1) ppb
EPA 601
TRICHLORFLUOROMETHANE
NO (1) ppb
EPA 601
TRANS-I.2-DICHLOROETHYLENE
ND (1) ppb
EPA 601
s
1, 2 DICHLORGETHP.NE
NO (1) ppb
EPA 601
1,1,1 TRICHLOROETHANE
NO (1) ppb
EPA 601
BROMODICHLOROMETHANE
ND (1) ppb
EPA 601
TRANS-I.3-DICHLOROPROPENE
NO (1) pub
EPA 601 i
CIS-1,3-DICHLOROPROPENE
ND (1) ppb
EPA 601
BROMOFORM
NO (1) ppb
EPA 601 1'
1. 1,2,2-TE fRAOCOROETHANE
ND (1) ppb
EPA 601
CHLOROMET4ANE
NO (1) ppb
EPA 601
'.
SROMOMETHANE
NO (1) ppb
EPA 601
VINYL CHLORIDE
NO (1) ppb
EPA 601 j
t
CHLOROETHANE'
ND (1) ppb
EPA 601
----___-`
1. 4 DICHLOROBENZENE
ND (1) ppb
EPA-601
2-CHLDROETHYLVINLYETHER
ND (1) ppb
EPA 601
1, 3 DICHLOROBENZENE - _-
- ND -(I) Ppli
EPA 601 - -- —
- -- -- - --
1, 2 DICHLOROBENZENE
NO (1) ppb
EPA 601
BENZENE
ND (1) ppb
EPA 602
TOLUENE
ND (1) ppb
EPA 602
ti_
FIEMICAL & GEOLOGICAL_LABORATORIES OF ALASKA, INC.
i633 8 STREET • ANCHORAGE, ALASKA 99518 • TELEPHONE (907) 562.2343
ANALYSIS REPORT BY SAMPLE
Client P0N t VERBAL Req M1 Work Order No. t 465
Client Smpl IDt STERLING WASTE SITE, LOCATION 3 Client Account t KPBDPWP
Date Report Printed IMAY 12 87 @ 150
Sample Rec'd 1 MAY 5 87 Rel eased By 1�
Ordered By 1 MONTE BARRETT
REPORTS ADDRESS N2
REPORTS ADDRESS M1
KENAI PENINSULA BOROUGH {
BOX 850 '
SOLDOTNA,AK. 99669 C
D REPORT OUT VIA SOUTH CENTRAL AIR
Special SEN
Instruct:
Chemlab Ref N1 6135 Lab Smpl IDt 3 Matrix IWater
Allowable
Parameter Tested
Result/Units
Method Limits
--------------------
------ -----------------------------------------------------------
ETHYLBENZENE
ND (1) ppb
EPA 602
CHLOROBENZENE
ND (1) ppb
EPA 602
p & m XYLENES
ND (1) ppb
EPA 602
o-KYLENE
ND (1) ppb
EPA 602
1, 4 DICHLOROBENZENE
ND (1) ppb
EPA 602
1, 3 DICHLOROBENZENE
ND (1) ppb
EPA 602
1
1, 2 DICHLOROBENZENE
ND (1) ppb
EPA 602
i
i
i
,.
Sample
--: - — - - -- -- -- - '=
Remarks..
- -- - - - - —
—_�___.. _—__ _____,____:.4, _-.__
___nnnanannannnaananan�nnnnna�oQ»�nnnnaaoanna_nnannanoaoaanaanaanaannnaaonnaanaaaanaaoanna — _
- _ ___-__ _ -
88 Tests performed
+ See Special instruct ionsAbove
-.
NDs None Detected
+* See Sample Remarks Above
NAa Not Analyzed
LTnLess than, GTcGreater Than
,
r
E
�t
NEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
03 B STREET • ANCHORAGE, ALASKA 99518 • TELEPHONE (907) 662.2343
.O�.�DIOlNp�y
i
y --1
i
4
ANALYSIS REPORT BY SAMPLE
�(
Client POq :VERBAL
Req Ns
Work Order No.
1 465
Client Smpi I01 STERLINGWASTE SITE,
LOCATION4
C1 tent Account
1 KPBDPWP
Date Report Printed aMAY 12 87 @ 15:21
SampleRec'd : MAY 5 87
Re] eased By
s��g/
-
Ordered BY s MONTE BARRETT
REPORTS ADDRESS N2
`
- -- - — -
REPORTS ADDRESS #1
i
-
KENAI PENINSULA BOROUGH
I!
BOX 650
+
SOLDOTNA,AK. 99669
1
_
Special SEND REPORT OUT VIA SOUTH
CENTRAL AIR.
Instruct:
Chemlab Ref it1 6135 Lab Smpl
ID: 4
Matrix: Water
Allowable
'
{
Parameter Tested
Result/Units
Method
Limits
}
KENAI PENINSULA BOROUGH
n/a n/a
ALUMINUM
4.3 mg/l
ICP
ARSENIC
ND (0.05) —11
ICP
BARIUM
11 mg/I
ICP
:...
BORON
ND (0.05) mg/l
ICP
CALCIUM
20 mg/l
ICP
E
CADMIUM
ND (0.01) mg/1
ICP
i
CHROMIUM
0.54 m4/1
ICP
COPPER
NO (0.05) mg/1
ICP
,' ..
IRON
3.7 mg/I
ICP
w
MAGNESIUM
3.0 mg/l
ICP
r
MANGANESE
0.27 mg/l
ICP
C
MERCURY
ND (0.05) mg/1
ICP
NICKEL
ND (0.05) m9/1
ICP
P.
PHOSPHORUS (TOTAL)
0.38 mg/1
ICP
a.
SELENIUM
ND (0.05) mg/I
ICP
SILICON
13 mg/l
1CP
- --• - -
SILVER
ND (0.05) mg/l
ICP
SODIUM
130 mg/1
ICP
i
:
5Ti:8NRL41
-..
-0.23 mg/1.. _ .
ICP
- 1
TIN
ND (0.05) mg/1
ICP
- --- ------ ---=
— - VANADIUM _ -
ND t0:051mq/I
ICP
—
ZINC
0.14.mg/1
ICP
ZIRCONIUM
NO (0.05) mg/1
ICP
AMMONIA-N
14 mg/l
KJELDAHL-N
19 mg11
NITRATE-N
0.87 mQ/1
10
7
FIEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
03 8 STREET • ANCHORAGE, ALASKA 99518 • TELEPHONE (907) 562.2343
Cl lent PON s VERBAL Reo Nt
Client Smpl ID: STERLINGWASTE SITE, LOCATION4
Sample Rec'd :HAY 587
Ordered By t MONTE BARRETT
REPORTS ADDRESS N1
KENAI PENINSULA BOROUGH
BOX 880
SOLDOTNA,AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
Instruct:
ANALYSIS REPORT BY SAMPLE
Work Order No. t 465
Client Account t KPBDPWP
Date Report Printed: MAY 12 67 @ l5t21
Released By s
REPORTS ADDRESS N2
EM
Chemlab Ref I 6135 Lab Smpl IDs 4
Matrix Water
,.
Al towable
Parameter Tested
Result/Units
Method Limits
NITRITE-N
0.032 mg/l
CHLORIDE
110 mg/l '
FLUORIDE
0.33 mg/l
OIL 6 GREASE (LOW LEVEL)
1.3 mg/l
:-'
PHENOL
ND (0.01) mg/l
EPA 420.1
PHOSPHORUS(ORTHO)
0.018 mg/l
ICP
i
SULFATE
4.5 mg/i
—
11
RESIOUE:(TDS)FILTERABLE
464 mg/1
j
RESIOUEt(VFT)VOLATILE/FIXEDT
170 mg/l
RESIDUE s (59) NON -FILTERABLE
144 mg/l
RESIDUEs(VFF)VOLATILE/FIXEDF
30 mg/1
HARDNESS (as CeCO3)
62 mg/l
j
ALKALINITY (CaCO3)
142 mg/1
+�
COLOR -APPARENT
-- PCU
COLOR -TRUE
2000 PCU
1
�- -
CONDUCTIVITY
650 umhos/cm
PH
7.9 units
-
TURBIDITY
37 NTU
TOTAL CDLIFORM
52000 col /100ml
GODS
21 mg/l
COD -
236 mg11
CYANIDE
NO 40.001) mg/l
METHYLENE CHLORIDE
NO tl)-ppb
EPA 601
1. 1 DICHLORDETHYLENE
NO (1) ppb
EPA 601
1. 1 DICHLOROETHANE
NO (1) ppb
EPA 601
CHLOROFORM
NO 11) ppb
EPA 601
'r
.t
}
N_EMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
S633 B STREET • ANCHORAGE, ALASKA 99518 • TELEPHONE (907) 562.2343
Client PON s VERBAL Req Of
Client Smpl ID: STERLINGWASTE SITE, LOCATION4
Sample RecId t MAY 5 87
Ordered By : MONTE BARRETT
REPORTS ADDRESS B1
KENAI PENINSULA BOROUGH
Box 850
SOLDOTNA,AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
Instructs
ANALYSIS REPORT BY SAMPLE
Work Order No. 1 465
Client Account t KPBDPWP
Date Report Printed: MAY 12 87 9 15:22
Rel eased By t oc&
REPORTS ADDRESS A2
,0
Chemlab Ref N: 6135 Lab Smpl ID: 4
Matrix 3Water
Al towable
Parameter Tested
Result/Units
Method Limits
---------------------------------------------------------------------------------------
CARBONTETRACHLORIDE
NO (1)
ppb
• EPA 601
1, 2 DICHLOROPROPANE
ND (1)
ppb
EPA 601
-
TRICHLOROETHYLENE
ND (1)
ppb
EPA 601
1,1,2 TRICHLOROETHANE
ND (1)
ppb
EPA 601
DIBROMOCHLOROMETHANE
ND (0
ppb
EPA 601
4
-
TETRACHLOROETHYLENE
ND (1)
ppb
EPA 601
CHLOROBENZENE
ND (1)
ppb
EPA 601
a TRICHLORFLUOROMETHANE
ND (1)
ppb
EPA 601
TRANS-I,2-DICHLOROETHYLENE
ND (1)
ppb
EPA 601
1, 2 DICHLOROETHANE .
ND (1)
ppb
EPA 601
1,1,1 TRICHLOROETHANE
ND (1)
ppb
EPA 601
BROMODICHLOROMETHANE
ND (1)
ppb
EPA 601
TRANS-I,3-DICHLOROPROPENE
NO (1)
ppb
EPA 601
�. CIS-1,3-DICHLOROPROPENE
ND (1)
ppb
EPA 601
BROMOFORM
ND 11)
ppb
EPA 601
-f
111.2,2-TETRACHLOROETHANE
ND (1)
ppb
EPA 601
CHLOROMETNANE
ND (1)
ppb
EPA 601
Ei
BROMOMETHANE
ND (1)
ppb
EPA 601
;. VINYL CHLORIDE
ND (1)
ppb
EPA 601
CHLOROETHANE
NO (1)
ppb
EPA 601
4 DICNLOROBEf1IENE
ND W
ppb
EPA 601 -
2-CHLOROETHYLVINLYETHER
NO (1)
ppb
EPA 601
- 1, 3 DICHLORODENZENE - - -
ND -(1)
ppb -
EPA 601--
19 2 DICHLORODENIENE
NO (1)'ppb
EPA 601
BENZENE
NO (1)
ppb
EPA 602
TOLUENE
ND (1)
ppb
EPA 602
Wyo
1�
° f 1
1
a
FIEMICAL & GEOLOGICAL LABORATORIES OF ALASKA, INC.
i633 8 STREET • ANCHORAGE, ALASKA 99518 • TELEPHONE (907) 562.2343
'
ANALYSIS REPORT BY SAMPLE
Client PON : VERBAL Req N1
Work Order No.
1 465 '
Client Smpl ID: STERLING WASTE SITE, LOCATION 4
Cl lent Account
1 KPBDPWP
Date Report Printed: MAY 12 67 0 15122
Sample Rec'd : MAY 5 87
Rol eased By
1 Act. --
Ordered By : MONTE BARRETT
REPORTS ADDRESS M2
REPORTS ADDRESS N1
KENAI PENINSULA BOROUGH
BOX 850
+
SOLDOTNA,AK. 99669
Special SEND REPORT OUT VIA SOUTH CENTRAL AIR.
Instruct:
1
"
Chemlab Ref N: 6135 Lab Smpl IN 4 Matrix :Water
Allowable
Parameter Tested Result/Units
Method
Limits
ETHYLBENZENE ND (1) ppb
EPA 602
"
CHLOROBENZENE NO (1) ppb
EPA 602
p b m XYLENES ND (1) ppb
EPA 602
o-XYLENE ND (1) ppb
EPA 602
is
1, 4 DICHLOROBENZENE NO (1) ppb
EPA 602
1, 3 DICHLOROBENZENE ND (1) ppb
EPA 602
1, 2 DICHLOROBENZENE ND (1) ppb
EPA 602
.
:j
j
I
1
`i
Sample
Remarks:
aaaaeoeoaoaao=a=aaaoe000=aeaoaa=aaa==aaan=e=anoavnaoaa000aoa==aae==a=aaaeaoaao=o=aa=nao
88 Tests Performed * See Special InstructionsAbove
Me None Detected *+ See Sample Remarks Above
NA% Not Analyzed LT=Less Than, GTcGreater Than
'
=a _ ..,.,-. .-ice .. � _:a. ..
_._. ,. .,•ac.Lt-Us4'y:'+li:dn,..
- ;.�'�:'..,;i4_�::. '.yl
'I
1
p_.
Y
01
C.I
Suggested By: Administration
CITY OF KENAI
ORDINANCE 1203-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $408,113 IN
THE 1984/1986 ADVANCE REFUNDING DEBT SERVICE FUND.
WHEREAS, as a result of an accounting change to be implemented in
the current fiscal year, debt service payments on 1984 and 1986
advance refunding general obligation debt will be accounted for
in a. new Debt Service Fund, rather than a series of Special
Assessment Funds; and,
WHEREAS, such debt service payments made in the 1986-1967 year
amount to $408,112.49; and,
WHEREAS, legal adoption of a Debt Service Fund budget will allow
better and clearer disclosures in the City's June 30, 1987
financial statements.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations be increased as
follows:
1984/1986 Advance Refunding Debt Service Fund
Increase Estimated Revenues: 40�Sj113
Special Assessments
Increase Appropriations: $198,206
Principal _a09.907
Interest 04� ,U1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of May, 1987.
JOHN J. WILLIAMS, MAYOR
ATTEST:
low TO: Kenai City Council
FRM: Charles A. Brown, Finance Director
DATE: April 17, 1987 ecal
SUBJECT: Special Assessments
.t
The Governmental Accounting Standards Board (GASB) has recently issued
Statement No. 6, Accounting and Financial Reporting for Special
Assessmenta. The Statement is effective for fiscal years beginning
after June 15, 1987, meaning that we don't have to apply the statement
to our 1986-87 financial statements. However, I believe it is to the
City's advantage to apply the Statement early, to our 1986-87
financial statements. The reasons for this are the beneficial
treatment of the special assessment (G.o.) debt in the General
Long-term Debt Account Group, and the accounting treatment applied to
the advance refunding of such debt which took place in August, 1986.
To summarize, application of GASB #6 will result in:
1) Elimination of the Special Assessment fund type.
2) Shifting the liability for the special assessment bonds (which
- in our case are in fact general obligation bonds) from the
Special Assessment Funds to the General Long-term Debt Account
�I
Group.
3) Recording construction activity related to Special Assessments
in the Capital Project Funds.
4) Recording debt payments relating to the bonds in a new Debt
Service Fund.
s:
5) Recording assessments receivable in the General Fund or Debt
Service Funds, as appropriate.
In the past, the City has budgeted for construction activity in
special assessment funds, but we have not budgeted for debt payment
activity, relying upon bond covenants approved by ordinance as payment
authorization. while we no doubt still have such authority, as a
matter of practice, the City does budget for debt payments in Debt
Service Funds.
�. The long and short of this tale is that if I don't prepare a budget
for the new 1984/1986 Refunding Debt Service Fund for the current
- year, when I apply GASS #6 to our 6-30-87 financial statements i'-11
have a a reporting problem. I'll have some, but not all, Debt Service
!r. Funds with annual budgets.
I ask the Council Council to adopt the attached ordinance providing
such a budget. I will prepare appropriate amendments to next year's
budget.
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Suggested By: Administration
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CITY OF RENAL
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ORDINANCE 1204-67
�
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASXA,
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AMENDING XNC 23.30.030(d) AND XMC 23.40.O50(b) TO SET EMPLOYEE
,
ANNIVERSARY DATES AT THE FIRST OF THE MONTH.
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WHEREAS, the current personnel regulations set employee
anniversary dates at various times throughout the month, causing
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needless recordkeeping and expense of employee time; rind,
WHERZAS, a more efficient system would be to not all anniversary
dates at the first of the month.
s.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF XENAI,
ALASXA that:
Section is XNC 23.30.030(d) is hereby amended as follows:
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(d) Upon completion of the probationary period, the
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employee shall be considered as having satisfactorily
demonstrated Qualifications for the position, shall gain
regular status, one step in pay raise, and shall be so
informed through his supervisor. (FOR EMPLOYEES WHO HAVE
NOT GAINED REGULAR STATUS BY JULY 1, 1977, THE DATE THAT
ORIGINAL PROBATION ENDS SHALL BE THE EMPLOYEE'S ANNIVERSARY
-
DATE. FOR EMPLOYEES WHO HAVE GAINED REGULAR STATUE 8Y JULY
1, 1977, JULY 1ST SHALL BE THE EMPLOYEE'S ANNIVERSARY DATE,
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UNTIL PROMOTION OR TRANSFER. The employe -es nigersarY
'-
date sha 1 be the first of the m--6-k in which the esnpioye-41 _e
original probation ends. 8mployees who have aained regular
status at the effective date of this ordnance shall have
lLheir anniversary dates chanaed to the first of the month in
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which the employee's pe�ent anniversary oats falls.
- Section 2s RMC 23.40.O50(b) is hereby amended as follows:
"(b) If an employee uses more than thirty (30) days
total leave without pay during his leave year, his merit
j anniversary and length of service dates shall be advanced on
F the calendar (BY THE NUMBER OF DAYS SUCH LEAVE WITHOUT PAY
EXCEEDS THIRTY DAYS.] as follows• The number of days the
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PASSED BY THE COUNCIL OF THE CITY OF RBNAI, ALASKA, this 20th day
of May, 1967.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: May 6, 1987
Second Reading: May 20, 1987
Effective Date: July 1, 1987
Approved by Finance:^
(4/24/87)
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Suggested By: Administration
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CITY OF KENAI
ORDINANCE 1205-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, �
AMENDING KMC 23.50.010(c) ESTABLISHING A NEW EMPLOYEE
CLASSIFICATION FOR A POLICE TRAINEE POSITION. j
dmi istration and City Council have discussed
WHEREAS, the City A n
the need for a police trainee position for appointees that do not
possess a State of Alaska recognized police certification; and,
WHEREAS, the Police Chief requests that such a
below
position be f
that of Police
-.
created at Pay
Range 13, which is one range
Officer.
NOW THEREFORE
BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF KENAI, ;
ALASKA that KMC 23.50.010(c) is hereby amended
as follows:
(c) PUBLIC SAFETY
301
Assistant Fire Chief
18
13
302
Fire Fighter
1
303
Police Lieutenant
16
304
Police Sergeant
14
305
Police Officer
8
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306
Dispatcher
15
307
Fire Engineer
11
308
Correctional Officer 1
12
309
Correctional Officer 11
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14
310
Correctional Officer III
...
311
Fire Captain
16
17
312
Fire Marshal
11
313
Communications Supervisor
314
golice Trainee
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PASSED BY THE
COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
.
of May, 1987.
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JOHN J. WILLIAMS, MAYOR
ATTEST:
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Janet Whelan,
City Clark First Reading:
May 6, 1987
=--------
Reading:
May 20. 1987
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.-SeoQnd
Effective Date:
July 1,1907
Approved by -Finance:
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TO: Charles Brown, Finance Director
FROM: Richard Ross, Chief of Police
^' SUBJECT: PAY PLAN
DATE: 2-16-87
One of the :,commendations discussed by the auministration has been the
establishment of a Police trainee position. Request that this position be
established in the next personnel ordinance: GRADE 13 A - POLICE TRAINEE
it would be my intent to then develop hiring practises as follows:
GRADE 13A - POLICE TRAINEE
1. Hiree does not possess a State issued police certification that is recognized
on a reciprocal basis by the Alaska Police Standards Council.
2. Hiree meets all other established criteria for entry hire including
educational.
3. Hiree can advance to 14A after one year probation period.
GRADE 14A - POLICE OFFICER
1. Hiree possesses an Alaska Police Standards Council recognized police
certification.
r) 2. Hiree meets all minimum entry requirements, except educational which can be
waived if it can be readily met during the one year probationary period.
3. Hiree can advance to 14B after six months if criteria for 14B has been
satisfied, or after one year probation period.
GRADE 14B - POLICE OFFICER
1. Hiree possesses an Alaska Police Standards Basic Police Officer or higher
certificate.
2. Hiree meets all entry requirements including educational.
3. Hiree can advance to 14C after one year probation period.
The above plan would save the City money and it also recognize the difference in
the amount of training required, as well as the level of work that can be
performed during the one year probationary period. The only change that will be
required is the establishment of the Police Trainee position, as the balance of
the proposal appears consistent with the present personnel ordinance.
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SUBSTITUTE
Suggested By: Administration
CITY OF KENAI
ORDINANCE 1908-87
1J. ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE, TITLE 11, "HARBOR AND HARBOR
FACILITIES," SECTIONS 11.05.010, 11.05.030, 11.05.040, AND
11.05.070.
WHEREAS, the Kenai Harbor Commission has reviewed -Title 11 cf the
Kenai Municipal Code and recommends changes be made in the title;
and,
WHEREAS, decisions normally made by the Harbor Master will need
to be made throughout the year; and,
WHEREAS, the City of Kenai will be hiring a Dock Manager, instead
of a Harbor Master, in a temporary seasonal position; and,
WHEREAS, the Council wishes to empower the City Manager to make
the rules and regulations and set the fees, rates, and charges
similar to other facilities in the City such as the Public
Utilities.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that the Kenai Municipal Code Sections 11.05.010,
11.05.030► 11.45.040 and 1%.05.070 are amended as follows:
Section 1:
11.05.010 Harbor Master: The [CITY ADMINISTRATOR MAY
APPOINT A] Harbor Master, [WHO] shall be [IN] the Public Works
Director. [DEPARTMENT AND UNDER ITS SUPERVISION AND CONTROL.]
The Harbor Master shall be the chief administrator of the harbor
and its facilities. He shall have all powers and duties
prescribed by ordinance and [HARBOR] the regulations (ADOPTED BY
__ _. + and rates prescribed by the City
,al by the Council= and, in addition,
ate, shall have all powers and duties
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��1)imposed upon harbor masters, port directors, and administrative
} heads of harbors and ports by Federal or State law. In addition
1. }'- o other powers and duties, the Harbor Master and [HIS] those
�assistants designated in writing shall have all of the powers and
1 duties of policemen in the harbor, in the docks, and along the
shore of the harbor, including the power to arrest any via3ator
of--an-ordinance of the City, of any harbor -regulation adopted by
the_ Council- or. of any Federal or State law.
Section 2:
11.05.030 Harbor Regulations: [THE COUNCIL, BY RESOLUTION
OR ORDINANCE, SHALL HAVE POWER TO ADOPT HARBOR REGULATIONS FOR
THE REGULATION, CONTROL AND ADMINISTRATION OF THE HARBOR AND ITS
FACILITIES AND THE USE THEREOF, INCLUDING THE FIXING OF FEES, --
RATES AND CHARGES. ALL SUCH REGULATIONS AND ANY CHANGES THEREIN
SHALL BE PUBLISHED BY POSTING ON THE OFFICIAL CITY BULLETIN
BOARD, AS PROVIDED BY SECTION 1-7(4) OF THE CITY CHARTER FOR THE
PUBLICATION OF ORDINANCES.] The City Manager is hereby `
Section 3:
11.05.040 Permit for Terminal or Transportation: Jal All
lessees, owners or occupants of property within the harbor or
contiguous to it who wish to construct or operate terminal or
transportation facilities of any kind therein, including but not
limited tn docks and warehouses, shall apply to the [CITY
COUNCIL] Landscaping/Site Plan Review Board for a permit.
Application therefor shall be made in accordance with regulations
[PRESCRIBED BY THE COUNCIL] described in KMC 14.25. entitled
"Landscaping/Site Plan Regulations_, and shall be accompanied by a
pian of the proposed construction, which shall meet all standards
and requirements which may be set forth by the Council.
The [CITY COUNCIL] aAD.ljcant shall refer all plans of
► the type or location of any proposed construction which are or
4t may be in conflict with the general City plan to the HarAor
- Commission and the LandscaRinaNSite Plan Review Board [PLANNING
COMMISSION] to determine whether such proposed construction is in
keeping with the objectives of the general plan. The decision of
the [PLANNING COMMISSION] andscani�te Plan Review Board
shall be binding unless [reversed] a eels by Council. The
[CITY COUNCIL] Building Official may issue permits upon such
terms and conditions and for such duration as it may deem proper,
and no construction- may begin or operation -carried on without a
permit from the [COUNCIL] Building Official.
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Section 4•
11.05.070 Facility Rates and Cha_Meek The City Manager,
'subiect to the aPproval_bv the City Councilshall fix the
r -dates [ , ] stud, charges [AND CLASSIFICATIONS:TO BE CHARGED] for the
use of any and all terminal or transportation facilities
constructed on property under its jurisdiction, including charges
assessed against vessels, their owners, agents or operators which
load or discharge cargo at any of the terminals within the harbor
area; charges for berthage while loading or discharging cargos
charges for administrative expenses in serving the carrier's
charges for freight handling, loading, unloading and wharf
demurrage rates. Such rates[,] and charges [AND CLASSIFICATIONS]
shall be just and reasonable, as determined by the City Manager,
aubiect_to chance b!r the Council# and shall be published by
posting on the Council Bulletin Board and in such other manner as
the Council may require.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASRA, this 20th day
of May, 1987.
ATTEST:
Janet Whelan, City Clerk
Approved by Public Works:
(5/19/87)
JOHN J. WILLIAMS, MAYOR
First Reading: May 6, 1987
Second Reading: May 20, 1987
Effective Date: June 20, 1987
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CITY 4F KENAI
210 FIDALOD KENAI, ALAEKA Wil
TELEPHONE 90 • ?M
J1EMA%AHDMX
TO: Wm. J. Brighton, City Manager
City of Kenai
FROM: Reath Kornelis, Public Works Director 1
City of Kenai
DATE: May 19, 1987
E: Ordinance 1208-87 Substitute
R �
The only changes made by Substitute Ordinance 1208-87 in
comparing it with the Ordinance 1208-87 which was introduced by
Council at their meeting on May 6, 1987 is as follows:
Section i (line-6 and 7)
r; Delete: harbor
Add: the
Delete: adopted by resolution of the Council;
Add: and rates prescribed by the City Manager, subject
to approval by the Council.
These changes will enable this portion of the ordinance to
conform with the rest of the ordinance and other similar
j ordinances whereby the City Manager, subject to approval by the
Council, can make or establish the rules, regulations, and rates.
�s This is very important since additions, changes, or deletions
will _need to be made quickly for the operation at the dock to run
smoothly and these changes will eliminate the six (6) weeks time
that passage of an ordinance normally requires.
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Suggested By: Administration
CITY OF KENAI
ORDINANCE 1208-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE, TITLE 11, "HARBOR AND HARBOR
FACILITIES," SECTIONS 11.05.010, 11.05.030, 11.05.040, AND
11.05.070.
WHEREAS, the Kenai Harbor Commission has reviewed Title 11 of the
Kenai Municipal Code and recommends changes be made in the title;
and,
WHEREAS, decisions normally made by the Harbor Master will need
to be made throughout the year; and,
WHEREAS, the City of Kenai will be hiring a Dock Manager, instead
of a Harbor Master, in a temporary seasonal position; and,
WHEREAS, the Council wishes to empower the City Manager to make
the rules and regulations and set the fees, rates, and charges
similar to other facilities in the City such as the Public
Utilities.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
` ALASKA, that the Kenai Municipal Code•Sections 11.05.010,
11.05.030, 11 05.040 and 11.05.070 are amended as follows:
Section 1:
11.05.010 Rarbor Masters The [CITY ADMINISTRATOR MAY
APPOINT A] Harbor Master, [WHO] shall be EIN] the Public Works
Director. [DEPARTMENT AND UNDER ITS SUPERVISION AND CONTROL.]
The Harbor Master shall be the chief administrator of the harbor
' and its facilities. He shall have all powers and duties
prescribed by ordinance and harbor regulations adopted by
resolution of the Councils and, in addition, insofar as it is
appropriate, shall have all powers and duties imposed upon harbor
masters, port directors, and administrative heads of harbors and
ports by Federal or State law. In addition to other powers and
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duties, the Harbor Master and [HIS] those assistants desg_nated
in writing shall have all of the powers and duties of policemen
in the harbor, in the docks, and along the shore of the harbor,
including the power to arrest any violator of an ordinance of the
City, of any harbor regulation adopted by the Council or of any
Federal or State law.
{�
Section 2:
it
11.05.030 Harbor Regulations: [THE COUNCIL, BY RESOLUTION
OR ORDINANCE, SHALL HAVE POWER TO ADOPT HARBOR REGULATIONS FOR
'
THE REGULATION, CONTROL AND ADMINISTRATION OF THE HARBOR AND ITS
FACILITIES AND THE. USE THEREOF, INCLUDING THE FIXING OF FEES,
- -.
RATES AND CHARGES. ALL SUCH REGULATIONS AND ANY CHANGES THEREIN }
SHALL BE PUBLISHED BY POSTING ON THE OFFICIAL CITY BULLETIN
BOARD, AS PROVIDED BY SECTION 1-7(4) OF THE CITY CHARTER FOR THE
PUBLICATION OF ORDINANCES.) The City Manager is hereby
em,.•powered, subjer the approval )by the Council, to make such
,to
rules and regulations reauired for the operation of the harbor,
of in conflict with the Proyisiono of this Code and to
1
establish the fees, rates, and charges for the billing and
collections for the support of the harbor, and no person shall -
fail to comply with any such rule or-reculati�on.
Section 3:
11.05.040 Permit for Terminal or Transportation: (a)All
lessees, owners or occupants of property within the harbor or
contiguous to it who wish to construct or operate terminal or
transportation facilities of any kind therein, including but not
limited to docks and warehouses, shall apply to the [CITY
COUNCIL] Landscaping/Site Pian Review Board for a permit.
Application therefor shall be made in accordance with regulations
[PRESCRIBED BY THE COUNCIL] §escribed in KMC 14.a5, entitled
"Landscapina/Site Plan Regulations, and shall be accompanied by a
}
plan of the proposed construction, which shall meet all standards
and requirements which may be set forth by the Council.
}
JAL The [CITY COUNCIL] applicant shall refer all plans of
the type or location of any proposed construction which are or
i
may be in conflict with the general City plan to the Har r !
`i
Commission and the Landscaping\Site Plan Review Board [PLANNIN(;
COMMISSION] to determine whether such proposed construction is in
_
keeping with the objectives of the general plan. The decision of
4,.I._. {
the [PLANNING COMMISSION] bandsca0ina/Site Plan Review Board
shall be binding unless [reversed] appealed by Council. The
„`
[CITY COUNCIL] Building official may issue permits upon such
terms and conditions and for such duration as it may deem proper,
and no construction may begin or operation carried on without a
-------------_--._---_-. _ _ .-
-_- -- permit from the [COUNCIL] Building Official. _
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CITY OF KENAI
of
210 FIDALOO KENM, ALASKA MIS
TELEPNONE283.7635
TO: Kenai _Harbor Commission
City of Kenai
FROM: Keith Kgrnelis, Public Works Director
City of °Kenai
DATE: April 30, 1987
RE: Changes to Title 11 -- Harbor Facility
Attached is Ordinance 1208-87, which makes some changes to Title
11. Please note that these changes allow the City Manager,
subject to approval of the Council, to make the rules and
regulations required for the operation of the Harbor. It also
allows the City manager to establish -the fees, rates, and
charges. This is how it is done for our water and sewer
utilities (see attached).
In amending Title 11 as it has been with Ordinance 1208-87, and
giving the City Manager the ability to set the fees, rates, and
charges, a separate ordinance will not be necessary and will
eliminate the minimum six weeks process time of an ordinance to
become effective.
With these amendments, we will have more time to develop the
rules, regulations, fees, rates, etc. The Council will have an
i i th 1 s re lations etc but it will
opportun ty to exam ne ose rue , gu
not take as much time for them to become effective.
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section 4:
11.05.070 Facility Rates. and Charagee: The City Mana9or�
atbiect to the approval by the City Council., shall fix the
rates[,] and charges [AND CLASSIFICATIONS TO BE CHARGED) for the
use of any and all terminal or transportation facilities
constructed on property under its jurisdiction, including charges
assessed against vessels, their owners, agents or operators which
load or discharge cargo at any of the terminals within the harbor
area; charges for berthage while loading or discharging cargo;
charges for administrative expenses in serving the carrier's
charges for freight handling, loading, unloading and wharf
demurrage rates. Such rates[.] and charges [AND CLASSIFICATIONS)
shall be just and reasonable, as determined by the Cil .
subject to chance by the Council, and shall be published by
posting on the Council Bulletin Board and in such other manner as
the Council may require.
PASSED BY THE'COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of May, 1987.
JOHN J. WILLIAMS, MAYOR C
ATTEST:
Janet Whelan, City Clerk
First Reading: May 6, 1987
Second Reading: May 20, 1987
Effective Date: June 20, 1987
Approved by Public Works:
(5/l/87)
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..(e) No person shall refuse to admit, after notice and at
reasonable hours, the premises owned or occupied by him, or
hisider any authorized agent of the City entering such promises
for the purpose of inspecting any piping in connection with the
water distribution system.
(f) No consumer shall resell water.
(g) The City Administrator is hereby empowered, subject to
approval by the Council, to make such rules -and regulations
required for operation of this system, not in conflict with the
provisions of this Code, relative to -water mains, connections,
and extensions which will be served directly or indirectly by the
water distribution system, as are necessary to protect public
property or the safety and health of the public, and to establish
rates for water billing and collections for the support of the
system, and no person shall fail to comply with any such rule or
regulation. Water service may be discontinued for non-payment of
any utility service charges. (KC 17-53; Ords 3439 686)
17.05.050 Frozen Connections and Extensionst Consumers
will be responsible for al frozen water connec ions and
extensions, end the City will not be responsible therefor. The
City will maintain all water connections except for damages
resulting from freezing. The City will in no way be responsible
for water extensions. (KC 17-54)
C17.05.060 Discontinuance of Service: Water may at any
time be shut off from the water maim- without notice for repairs,
extensions, or other necessary purposes. The City will not be
liable to the consumer for any loss or damage which may be caused
by the failure of the City to deliver water. Whenever feasible,
the City shall give public notice of shutoffs, but shall not be
bound to do so. (KC 17-55)
17.05.070 Schedules of Rates Rules and Regulations: (KC
17-56; Repealed Ord 686
17.05.040-17.10
4' Chapter 17.10
SEWER SYSTEM
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17.10.010 Definitions.
17.10.020 Connections.
17.10.030 Pri-v-ate syst8ms:
17.10.040 Service outside city.
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(City of Kenai
Supp. 043 - 10/1/86
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CITY OF KENAI
_
210 FIDALGO KENAI, ALASKA 6i611
TELEPHONE 213.7635
MEMORANDUM
41
TO: Mayor Williams and City Council
FROM: Harbor Commission
Janet Loper, Planninq Specialist
SUBJECT: Ordinance 1208-87 Pertaining to the Harbor Facilities
Change Order M3
Tentative schedule of Events
DATE: May 1, 1987
The Harbor Commission met on April 30th to review the referenced `
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material and pass along to you their recommendations.
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Ordinance 1208-87
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The Commission recommends three changes to the ordinance:
1. Page 2, Section 1; the sentence has been changed to more
fully clarify who receives the powers and duties of a
policeman, thus the verbiage, "the Harbor Master and those
assistants designated in writing".
2. Page 2, Section 3; since there is an ordinance currently on
:
the books pertaining to any development in a commercial or
industrial zone which is a review body and works directly with
'
the building inspector, it was felt that matters could be
simplified by eliminating the review by the Planning & Zoning 11:
Commission and Council and placing the responsibility with the
.._
two bodies who deal directly with the harbor and the
permitting process.
3. Page 3, Section 4; the commission felt that the words "and
classifications" was too confusing as there was no explanation
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as to what classification_ was being referred to-.
The Commission unanimously approved Resolution 1208-87 with the {
.
indicated changes before you.- - --
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Change order M3
The Commission unanimously recommends approval of items 2, 3, 4, and 13.
The Commission wishes to express a particular recommendation regarding
item #13. The lease states that electricity will be made available upon
written request and the Commission felt that the average lessee would
request it if it were available. on most construction sites it is not
? des+rable for other contractors to work until the finish of the job,
j therefore the soonest a second contractor could approach the site to
l hook up the conduit would be August. For this reason the commission
l felt it would be wisest to proceed with the conduit at this time rather
than later in the year.
— - - - Tentative Schedule of Events
The commission recommends the addition of:
Lease of stations 3 & 4 = pre -bid May 5
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Suggested By: Administration
CITY OF KENAI
ORDINANCE 1209-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL
FUND BY $1,083 FOR LIBRARY BOOKS.
WHEREAS, the City has received $883 as library donations and for
lost and damaged books that have not been appropriated; and,
WHEREAS, the City expects to receive an addition $200 in this
category through June 30, 1987; and,
WHEREAS, the Librarian has asked that this money be appropriated
for the purchase of books.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
General Fund
Increase Estimated Revenues:
Library Donations $1,083
Increase Appropriations;
Library - Books $1,083
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of May, 1987.
JOHN J. WILLIAMS, MAYOR
ATTEST:
mull
Janet Whelan, City Clerk 9
I
First Reading: May 6, 1987
Second Reading: May 20, 1987
Effective Date: May 20, 1987
- -��_-T, t
Suggested By:
Administration
CITY OF KENAI
ORDINANCE 1210-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
AMENDING KENAI
MUNICIPAL CODE 23.50.010 TO PROVIDE FOR A PAY
RANGE INCREASE
FOR THE LEGAL ASSISTANT POSITION.
WHEREAS, the City
Council has reviewed -the duties
of the Legal
Assistant position
and deem that the pay range should be at 15
-- -
rather than Range 12.
NOW THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 23.50.010(b) is hereby amended as
follows:
(b) ADMINISTRATIVE SUPPORT
201
Department Assistant I
3
202
Department Assistant Ii
7
203
Administrative Assistant I
8
204
Accounting Technician I
10
205
Accounting Technician II
11
206
Accountant
16
207
Legal Secretary I
9
11
208
Legal Secretary T_I
209
Legal Assistant
E121 15
210
Administrative Assistant 11
9
211
Administrative Assistant III
12
212
Department Aide
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PASSED BY THE
COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
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of May, 1987.
JOHN J. WILLIAMS, MAYOR
C-7
Suggested By; Councilman Wise
CITY OF KENAI
RESOLUTION 87-21
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, MAKING I
APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR PARTICIPATION d
IN THE NATIONAL FLOOD INSURANCE PROGRAM.
WHEREAS, certain areas lying within the City of Kenai are subject to
periodic flooding and flood related erosion from streams, rivers, and
the inlet, causing serious damages to properties within these areas; and
-
WHEREAS, relief is available in the form of Federally subsidized flood
insurance as authorized by the National Flood insurance Act of 1968; and
WHEREAS, it is the intent of the Council of the City of Kenai to require
the recognition and evaluation of flood hazards in all official actions
relating to land use in the flood plain areas having special flood
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hazards; and
WHEREAS, this body has the legal authority to adopt land use and control
3'
measure to reduce future flood losses pursuant to AS29.35.250.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
f}•
ALASKA, THAT:
-
Section 1: Assures the Federal ':assurance Administration that it
will enact as necessary, and maintain in force for those areas having
flood or flood related erosion hazards, adequate land use and control
measures with effective enforcement provisions consistent with the
Criteria set forth in Section 1910 of the National Flood Insurance
Program Regulations; and
rj.
Section 2_ Vests the City Manager or his designated Administrative
Official with the responsibility, authority, and means to:
(a) Delineate or assist the City Manager, at his request, in
'
delineating the limits of the areas having special flood and/or flood
'
related erosion hazards on available local maps of sufficient scale to
identify the location of building sites.
(b)--Provide such -information as the Administrator -may ..requOat-
concerning present uses and occupancy of the flood plain area.
•k
Chi
rN
(c) Cooperate with Federal, State, and local agencies and private
firms which undertake to study, survey, map, and identify flood plain
areas, and cooperate with neighboring communities with respect to
management of adjoining flood plain and flood related erosion areas in
order to prevent aggravation of existing hazards.
(d) Submit on the anniversary date of the community's initial
eligibility an annual report to the Administrator on the progress made
during the past year within the community in the development and
implementation of flood plain area management measures.
Section 3: _Appoints the Building official or his designated agent
to maintain for public inspection and to furnish upon request a record
of elevations (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved structures
located in the special flood hazard areas. If the lowest floor is below
grade on one or more sides, the elevation of the floor immediately above
must also be recorded.
. Section 4: Agrees to take such other official action as may be
reasonably necessary to carry out the objectives of the program.
PASSED By THE KENAI COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day
of May, 1987.
John J. Williams, Mayor
ATTEST:
Janet Whelan, City Clerk
'i
t
i
CITY OF KENAI
"del G�dpl�ial oj �4 oad a„
210 FIDALOO KENAI. ALASKA 9901
TELEPHONE 2113 - MO
MEMORANDUM
TO: Mayor Williams and Council Members
FROM: Janet Loper, Planning Specialist
SUBJECT: Resolution 87-21. Application for Flood Plain Insurance
DATE: May 15, 1987
At the regular meeting of the Planning & Zoning Commission, Councilman
Wise informed the Commission that at the last meeting of the City
Council, this ordinance had been postponed.
Councilman Wise informed the Commission that it is his desire that the
Commission review this proposed ordinance at their next meeting of May
27th.
,
Suggested By: Administration
CITY OF KENAI
RESOLUTION 87-26
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ACCEPTING A GRANT IN THE AMOUNT OF $161,500 FOR PLANNING AND
DEVELOPMENT OF AN INDEPENDENT LIVING PROGRAM.
WHEREAS, the State of Alaska has offered the City of Kenai a
grant in the amount of $161,500 for planning and development of
an independent living program; and,
WHEREAS, the State requires that the City accept the grant by
resolution and to authorize the signing of the grant agreement.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the City accept the above -mentioned State of
Alaska grant in the amount of $161,500.
BE IT FURTHER RESOLVED, that the City Manager be authorized to
sign the grant agreement.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 20th day
of May, 1987.
JOHN J.-WILLIAMS, MAYOR
i. ATTEST:
Janet Whelan, city Clerk
Approved by Finance:
(5/13/87)
Pt
Suggested by: Administration
CITY OF KENAI
_ RESOLUTION NO. 87-28
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
SETTING THE PERCENTAGE OF FAIR MARKET VALUE TO HE USED IN
ORDER TO DERIVE A FAIR RETURN ON LEASE OF CITY LANDS.
! WHEREAS, KMC 21.10.130 (a) (2) states that the percentage of
fair market value to derive a fair return on lands to be
- - leased by the City shall be not annually in May by
resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the rental rates to be set on any City
lands to be leased after the effective date of this
- resolution shall be 6% of appraised fair market value as
established by a qualified independent appraiser.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
20th day of May, 1987.
'!)
Suggested By: Administration
CITY OF.KENAI j
RESOLUTION 87-29
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING
A CONTRACT IN THE AMOUNT OF $27,326.38 TO HUTCHINGS CHEVROLET-
OLDSMOBILE-CADILLAC, INC. FOR TWO 1988 POLICE CARS.
-
WHEREAS, the City solicited bids for two 1988 police cars, and
bids were opened on May 13, 1987, with the following results:
Bidder Total Bid Price
Hutchings Chevrolet -Oldsmobile -
Cadillac, Inc. $27,326.38
Craycroft Chrysler -Plymouth -
Dodge, Inc. $27,439.28
WHEREAS, the bid from Hutchings Chevrolet -Oldsmobile -Cadillac,
Inc. is the lowest responsible bid that substantially conforms to
^
the bid specifications.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that a contract in the amount of $27,326.38 be
awarded to Hutchings Chevrolet -Oldsmobile -Cadillac, Inc. for two
1988 police cars.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 20th day
6 ,,
of May, 1987.
f.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
Approved by Finance:4
(5/14/87) i
r
f,
KENAI POLICE DEPT.
107 SOUTH WILLOW ST., KENAI, ALASKA 90611
^� TELEPHONE 283.7070
TO: Charles Brown, Finance Director
FROM: Richard Ross, Chief of Police
SUBJECT: Vehicle Bid Award
Re: 1988 Patrol Cars (2)
DATE: 5/13/87
Request 1988 patrolion cars be
tprepared tchi Hutchings Chevrolet. The awarding
purchase the aurchase of two
mount for the
purchase of the two vehicles to be $27,326.38.
Bids were opened on 5/13/87. Bids were received as follows:
Hutchings Chevrolet $27,326.38
Craycroft Chrysler $27,439.28
Hutchings Chevrolet is the lowest bidder. Neither bidder took significant
exceptions to bid specifications. However, both bidders indicated that their
bids were based on 1987 vehicle prices and adjustments may be necessary when
1988 prices become known.
It is our request that award be made to the low bidder at the price quoted.
If they later determine that delivery cannot be made at that price the award
will be subject to reconsideration.
RAR/sb
cc: William Brighton, City Manager
f
C.
I
C,
Suggested by Mayor Williams
CITY OF KENAI
RESOLUTION 87-30
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, IN
SUPPORT OF LOCATING A UNIT OF THE AIR NATIONAL GUARD IN THE
CITY OF KENAI AND DEDICATING 64 ACRES TOWARD THAT PURPOSE.
WHEREAS, the City of Kenai is strategically located for a
unit of the Air National Guard, and
WHEREAS, there is availability of infrastructures to handle
the influx of people this would involve, and
WHEREAS, the addition of an Air National Guard unit would
not adversely impact the airport, and
WHEREAS, there would not be a detrimental environmental
impact on the airport or the City, and
'
WHEREAS, the citizens of the City of Kenai have accepted the
I
proposal of an Air National Guard unit within the City.
NOW THEREFORE BE IT RESOLVED 8Y THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that they support the dedication of 64 acres
of City airport lands necessary for a unit of the Air
'
National Guard as an in -kind share for its creation.
PASSED HY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS
ZjTH DAY OF MAY, 1987.
{
ATTEST:
Janet Whelan, city Clerk
JOHN J. WILLIAMS, MAYOR
L
DEPARTMENT OF THE AIR FORCE
�] HEADOUARTERS 178TH COMPOSITE GROUP (MAC)
E KULIS ANO 8A8E. 8000 AIR GUARD ROAD
T,�;`�;'ZI�'„+i�J► ANCHORAGE. ALASKA 96602-1906
1
mnr to 29 April 1987
ATM a1 176 COMPG/DE
Conceptual Plan for Possible Air Guard Expansion (Kenai)
y.
R�--
,
,Fos Mr. Randy Ernst, Arpt. Mgr.
Kenai Airport
210 Fidalgo St.
Kenai, Alt 99611
1. The following -information is provided in response to your request con -
earning the possibility of a future Air Guard Unit In Kenai.
2. Using the mission scenario of three C•-130's, six rescue helicopters,
associated ground support, assuming a work force of 200 full-time and 300
traditional guardsmen, a land requirement of approximately 64 acres has
been calculated. Siting is based on FAA height restrictions and future com-
mercial development plans of the airport. The general aviation runway shown
on the airport master plan would have to be relocated; however, to accommodate
a ramp and runway access.
3. Zne attached map represents only one possible configuration. Civil
Engineering will be happy to review any alternate sites you feel would
be more appropriate. 2LT victor Winters (249-1357) will be acting as a
point of contact for siting considerations..
4. Please feel free to contact me at 249-1176 if you have any questions
or comments.
6w PA ,
. K, Col, 1 Atch
Commander map
cc: 176 COHPG/RMS
LTC Jerry Gillean
a
C - /y
Saggested by: Administration
RESOLUTION NO. 87-31
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AWARDING THE BID FOR WATRX S11'ORAGE TANK - INSULATION AND COATING
REPAIRS TO REMINGTON CORPORATION FOR THE TOTAL AMOUNT OF
$9,785.00.
WHEREAS, the following bids were received for the above mentioned
project on May 13, 1987:
BIDDER SID PRICE
Remington Corporation $ 9,785.00
Peninsula Painting & Sandblasting 10,360.00
Chumley's Urethane 12,318.23
J & D Custom Painting & Drywall 19,786.21
WHEREAS, Remington Corporation's bid of $9,785.00 is the lowest
responsible bid which meets the bid specifications, and
WHEREAS, the recommendation from the- Public Works Department
is to award the bid to Remington Corporation for the total amount
of $9,785.00.
WHEREAS, sufficient funds are available.
WHEREAS, the Council of the City of Kenai has determined that
awarding this contract to Remington Corporation for the total
amount of $9,785.00 is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the bid for the Water Storage Tank -
insulation and Coating Repairs be awarded to Remington
Corporation for the total amount of $9,785.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day
of May, 1987.
JOHN WILLIAMS, MAYOR
_ ATTEST:
Lid
a.
a
Suggested By: Administration
CITY OF KENAI
RESOLUTION 87-32
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT
THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE AIRPORT SAFETY
ZONE, GENERAL AVIATION TIEDOWN, AND TAXIWAY IMPROVEMENTS CAPITAL
PROJECT:
From: $2,500
Engineering
To:
Inspection $2,500
This transfer provides money for inspection services relating to
a wind deflection berm at the north and of the General Aviation
Apron.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that 20th day
of May, 1987.
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
Approved by Finance:
(5/15/87)
J
__ t
I
° MAY 1�.198T
Couuti t ap�g7
MOLA e 4 A680CIAT08. INC. lweouA c. Ew6,e . F44
pgpt�ES1pNAL ENGINEERS, SURVEYORS 6 PUwNEFs %NKNIM COS a - A P- SO4+d
May 14, 1987
i ^ri1EM, . A. s r �
Mr. Keith Kornelis ( 2
City of Kenai c L.9w.c
Department of Public Works
210 Fidalgo-
Kenai, Alaska 99611
References Kenai Municipal Airport, 1996 Improvements
-- Wind Deflection Berm, G. A. Apron
Dear Sir:
Through introduction by the Airport Manager and Airport
Commission, McLane & Associates, Inc., have been requested to
submit a plan to address a proposed wind deflection berm for
the north end of the G.A. Apron.
This letter is to initiate the required change order necessary
for implementation of the anticipated extra work.
The airport commission felt that with the construction of
a berm at the north end of the G.A. Apron, some wind deflection ;
would occur, diminishing the possibility of wind damage to parked
aircraft (presumably those parked tail to north). We feel that
some wind deflection will occur, but will cause additional snow
to be fieposited on the G.A. Apron, thusly increasing winter
maintenance and potentially causing additional snow to accumulate
on aircraft. ,
This requested proposal is merely a reaction to a concern
voiced to the Airport Commission. Thus, without any formal
study as to the total beneficial advantages of such a berm and
its, effect on ground profile aerodynamics, no assurance can be
made as to the extent of wind shadow which might be provided to
parked aircraft.
However, in attempting to comply with the Airport Commissions'
request the following services and subsequent fees are proposed:
Design and change orders (Completed to date) $ 550.00
Field Survey and initial staking: 900.00
350,0
Field inspection and construction management
folLG01041L JdE H6 OF ' �7 _
- 7-0 City b1Or. --(p AtOral_
I �ALhip
b(Publle Works --[] city C
4
mod' v--v finan a --+[� �^�, V
0►Ivinsl T� Submitted 8j
CN11011 014 QUO QYN Con—
p.O. 60X 46B 90LOOTNA, AK 99669 907-91M+4219
Mr. Keith Kornelis
May 14, 1987
Final survey for quantity determination $
and as -built preparation . 700.0000
Lump Sum Fee $2,500.00
Per the attached Change order No. 2, the contractor will haul
material to site, place and compact, increase original topsoil
quantity to cover berm and hand -grade per attached detail for
a cost of $4.60/cubic yard with approximate estimate of 3,000
cubic yards.
if we can be of continued service on this matter, please
advise this office. We appreciate having the opportunity to
respond to this request.
Enclosure
Yours truly,
';z_z 4C at,
�r Bruce Robson, P.E.
G°
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0
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- co_/4 5'aoh' ptigo Z of 2
d C.O. sent to u l' .,.._ A,P -- S a•�To /'%"u✓
' CIO 0r'aIp�rrnved by oil
MAY 10, CHANGE 0 R 0 ER N0 : 2
enai Municipal Airport 1986 87 Initiation Pate
City of Kenai
Contractor , 7••wPrl< Tan ... _--
You are hereby requested to cogglly with the following changes from the
contract plans and specifications:
_ Item Description of changes - quantities, units, Increase or
Nounit prices, chanso in completion schedule, etc. (Decrease)
Berm construction at north end of G.A. Apron -
1 fired material to fill. berm
Furnish and P ace requ
per attached detail, grade to required slope,
topsoil entire berm at:$4.60/c.y. at estimated $ 13,800.00
approximatly 3000 c.y.
i
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Ilk
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FOR COIII:WL MECIllid OF $
.•--�] City hlgr. —Q AlnGMOy
+�PubIIC Work} —[] City CIuM i
L�9 Plya� a
0rl0htal TM Submitted By -%won
6101 OK LING Utoll C11--+
•� j
=Notnge III contract price due to this C.O. $ 13,800.00
:.� CIIANGL' IN CONTRACT '1'IMI: CHANGE IN CONTRACT AMOUNT
,1
Original Time
{ Previous C.O.s N/C --
.i This Change Order
Revised Conti*nct Time
. x.
(Attached) (Ahove) In foil )ustlflcntlnn of each I've an this C.a,
Ineluding Its effect on aperetlon and w..*.
-=- -- ---- - - ... --
�...
IAis C.O. is not valid until signed by Muth the (Miter and looktnoe�:
Kanni City Counclt-has to aFProvo.nll_C.O.s. _
In the con saw or Contract time. I
-
Centroetor's silinsture indicates his agrecoant herewith. Including
any ad)ustscnt
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Ir ��.�•_ uy. •. 1
By
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ng Weer c.o ntr
r caner j
Date 5-14-87 Date
Unto
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McLane & Assoc. Inc.
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,
McLANE AND ASSOC., INC. URGENT
_-
{ REGISTERED LAND SURVEYORS ❑ PLEASE RESPOND 8Y
i PROFESSIONAL ENGINEERS
SOX 468 El NO REPLY NECESSARY j
SOLOOTNA, AX. "169
PH. 2q-0218
TOt Lt�/,{,,� ,�r/v G , DATE:
SUBJECT:
.I i k
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VOL.
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SIGNED:
® Per detail submitted in change order N 2. Wind deflection berm we submit a price
of $4.60 per cubic yard.
s SIGN ('r DATE:
FORM NY 104/780
SENDER: SEND WHITE AND PINK COPIES WITH CARBON INTACT
Lo
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F44C&ZCT IACT NO.
6.
LOOATON BHE6T cw
MaLAN6 a ABB C1ATIR6. INC. P ��-1-- `�
PROFFS510NAL ENGINEERS. GURVEYORS 6 PLANNERS connPev OAT C� IECat av HATE
PA BOX 4G9 SOUMTNA, AK 39GG9 9074293.4219 —19r- 5 a7
APRON I F1XFD PARR-WeA ; j �
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CITY OF KENAI"'Od dap" oj 4"'NWA&A
210 FIMLOO KEMAI, AL"M MM11
TELEPHONE Zia • un
I
i
'MEMORANDUM
TO: Wm. J. Brighton, City Manager
City of Kenai
FROM: Keith Kornelis, Public Works Director
City of Kenai
DATE: May 15, 1987
SUBJECT: Lease(s) on Kenai City Marine Dock
It is unbelievable, but, on the bid date of May 14, 1987, we did
not receive any bids for leasing either station on our new City
Dock. I telephoned some of the plan holders who told me they
wanted to bid, but just did not have the time to see if it was
worth it.
I have lowered the minimum bid on Station No. 3 from $17,000 to
$12,000, and 7n Station No. 2 from $12,000 to $8,000. 1 hope
this will make it more desirable. The new bid date is May 20,
1987, with Station No. 3 opening at 2:00 p.m. and Station 2
opening at 3:00 p.m. I will hand -carry Resolution No. 87-33 into
Council on that day.
OF
L
c
Zs
CITY OF KENAI
210 FI0ALGO KENAI, ALASKA Mil
TELEPHONE 155.7535
i
May 13, 1987
TO: Lee Lewis, Chairman
Planning & Zoning Commission /PLC
FROM: John J. Williams
Mayor
I regret that I will not be able to attend this evening's
meeting as City business finds me on my way to Juneau,
However, I wanted you to be aware of my personal interest in
the problems facing you this evening concerning the Foster
i� Brother's application for boat ramp and RV park. I want you
— to be aware of the fact that the Office of the Mayor stands
fully behind you in your decision making process and we are
not taking lightly any sort of intimidation that may be
brought down on the City Planning'& Zoning Commission as a
result of these hearings.
Please advise the Commission that they have my 100% support
and that they are not to allow any type of derogatory
statements to bother them, that they are to weigh the facts
carefully, judge what is best for all the City and all its
citizens and not just a limited few. Your judgement is
valued by the City Administration and we appreciate the job
you are doing.
wa _ A..
it
7
KENAI ADVISORY LIBRARY COMMISSION j
May S, 1987, Tuesday, 700 p.m.
Held, Kenai Community Library
Minutes of Regular Meeting
Presiding: Linda Swarner, Chairwoman
Pre_ Absent
Linda Swarner
Doug Emery i
`.
Kathy Heus
Susan Smalley
Dr. Paul Turner
Dennis Simmons
In attendance: Chris Monfort City Council Representative
Emily DeForest, Library Director
Susan Tignor, Summer Reading Program
1. ROLL, CALL
;i
a. Roll was called with all members present. Chairwoman
Swarner announced the verbal resignation of Chris Reynolds.
2_ APPROVAL OF AGENDA
MOAN
Commissioner Turner moved to approve the agenda as
presented. Commissioner Emery seconded the motion. Motion
passed by unanimous consent.
3. PERSONS PRESENT SCHEDULED TO BE HEARD
None.
--
4. APPROVAL OF MINUTES - April 7. 1987
'
The spelling of Commissioner Smalley's name was corrected.
On page 4, 2nd paragraph, the second "the" was deleted from
the sentence.
'
MOTION -
., .
commissioner Emery moved to accept the minutes as corrected.
Turner.
The motion - was- seconded- -by Commissioner -Notion ----- --
::
:
passed by unanimous consent.
I
-- i-•-'--_
KENAI ADVISORY LIBRARY COMMISSION
May 5, 1987 l
,
page -2-
5_, DIRECTOR'S REPORT
u
Directot DeForest reported on the Alaskans Film Program
also reported
}
which begins May 15th at 2t00 p.m. It was
that the library has been exceptionally busy and the ROM
Reader is functioning and the "children love it." t
Director DeForest reported that 4 first grades will be
coming on the 15th. They will walk from Sears in the
fmorning
and the library will be having a story program for
them. Carol Ford will be doing the story program.
. i
There were twenty-two volunteers taken to lunch at the
Chamber.
'i E
Chairwoman Swarner read a letter of invitation from the
Mayor and Council inviting committee members, commission
members and volunteers to an appreciation reception in their
honor. Chairwoman Swarner will call and notify the city of
those who will be attending.
OLD BUSINESS
a. Budget - FY 87/88. Chairwoman Swarner reported the
11
library budget was not increased, however, the $5,000 was
II
put back into the budget. The $10#000 has now been funded
for books for the library.
?�
Councilwoman Monfor reported the mill rate will stay the
same.
b. National Volunteer Week. Chairwoman Swarner stated a
Proclamation for volunteers, in particular the volunteers
that help the City of Kenai was proclaimed at the luncheon
during the Chamber meeting and luncheon.
c. Balloon Launch. Commissioner Smalley reported on the
balloon launch and the events that occurred during this
- - occasion. There- were some- environmental- concerns voice -- ----
locations where the balloons might land an
------- ----------------
.
-- `--- ---- --------- --
involving the
the eFgset- -on beluga whales. -There -were-some---additional -- -
donations made by Malston's and Kenai Aviation for balloons
that should be noted.. Thank you cards will be sent.
lye
if
KENAI ADVISORY LIBRARY COMMISSION
May 5, 1967
page -3- `
7. NEW BUSINESS `
a. Disruptive Behavior Policy. The draft policy for a
--- - -
Library Policy on- Disruptive Behavior of Children was
thoroughly discussed by the Commissioners, Councilwoman
Monfor and Director DeForest. The main issue of concern was
centered around the age group and what it should bey and
also, the terms "disruptive" and "unattended" child and how
this should be defined for proper compliance of this policy.
Commissioner Simmons volunteered and agreed to assist
Director DeForest in revising the draft form of the policy
for the library. This will be presented at the next meeting ;
-
for review from the Commissioners. The finished draft will {
-.r
be approved by the Commissioners and then given to the City k
Attorney for his review and suggestions.
b. Summer Reading Program. No. Susan Tignor reported the
summer reading program will start -June Sth and end July loth
with a party held at the library on July 17th.
When the first grades come to the library on the 15th there
will be a flyer ready for them to take home to announce the
..;.L.. ....
program. A letter will also be sent to the schools two
weeks before the end of the school year.
The theme is "Bone Up on Books". There will be a wail
.
picture of a Dachshund dog and when children read their
�.
books there is a section to put their name onto the
Dachshund dog. There will be a bonus program this year
where Ms. Tignor will select certain books for the age level
s
and if these bonus books are read they will receive a "bone"
with their name on it and put in the dog's dish for bonus
reading. Ms. Tignor will ask that ten books be read, and
one non-fiction and one Alaskans book will be required.
-
The film will be "Return to Oz" and part of the two hour
program will be a cartoon and then the movie.
:...
There was general discussion and questions directed - to -Ms.-
Tignoc-involving the summer reading program.
c. Summer Schedules, Chairwoman Swarner addressed the
June meeting which is scheduled for June 7th. Commissioner
z
- ..-, .-I
n
i
KENAI ADVISORY LIBRARY COMMISSION
May S • 1987
page -4-
Turner asked to be excused for June and July.
_
Commissioner Smalley asked to be excused also, as she
will be out of town during June and July.
Director DeForest will be gone in June.
For the July 7th meeting Commissioner Emery will be gone.
8_, COMMISSION COMMENTS & QUESTIONS
Commissioner Hues had no comments.
Commissioner Simmons had no comments.
Commissioner Turner expressed his appreciation for the snack
foods provided during the commission meeting. A second
comment was addressed to Director DeForest regarding the
update of the computer system contract.
Director DeForest reported the computer system contract is
under the legal department at the Mat -Su Borough and gone
back to Dick Boas for re -•evaluation and should leave Dick
Boss' office on Wednesday and planned to be in Utah on
Friday. Director DeForest will call Utah on Friday for the
status.
Commissioner Emery did ask Commissioner Smalley if the
letter of appreciation was sent.
a
Commissioner Smalley will send the letter as it has not been
'i
)
done at this time.
_..
Councilwoman Monfor had no comment at this time.
9. ADJOURNMENT
The meeting was adjourned at 805 p.m.
,...
A"4
Viva A. A urto
dba/Niva's Clerical Services
:..i
for the City of Kenai
)Ud
L..
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I
CITY OF KENAI
„D�l G'4ar�al °j
MORDAL00 KENAI,ALASKA M11 1
TELEPHONE 263. 7536
LV
May 14, 1987
Lt. Mike Haller
Alaska Dept. of Military & Veterans Affairs
-
3601 C St., Suite 660
.
Anchorage, AK 99503
Dear Lt. Haller:
I would like to take this opportunity to thank the U.S. Navy
and Military Affairs Dept. for allowing the USS Alaska a
f
visit to Seward, and we extend our heartiest welcome to the
men who serve aboard the vessel. We do hope they will be
able to enja•1 shore leave not only in Anchorage but on the
Kenai Peninsula, including Homer 'and Kenai. It is my hope
that time can be made available and that a contingency from
the City of Kenai will be able to come aboard and visit some
time during their stay. We regret that we will not be able
to visit July 4 due to our own prior commitment to City
functions. However perhaps time might be made available
during the two week visit. i would appreciate your thoughts
along that line and a word from you and perhaps arrangements
could be made.
Once again contratulations to all who have made thi3 visit
'l
possible.
�1���
John J. Williams
Mayor
JW1jw
-
ccs Sen. Ted Stevens
. ---- -- ----- -- - :� -- -
- - -Sen. - Frank-Murkowaki -
(,
Rep. Don Young
?
Col. Lindemuth
Harry Gieseler, ' Mayor of Seward
Kenai Airport Commission
Kenai City Council
1*'
L
0
E
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MAY 6, 1987 - 7:00 PM
PLEDGE OF ALLEGIANCE
INTRODUCTION OF STUDENT GOVERNMENT REPRESENTATIVES
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
i C. PUBLIC HEARINGS
i
1. Ordinance 1201-87 --Increasing Rev/Appns - FSS
Facility, Additional construction Costs - $20,000
} 2. Ordinance 1202-87 - Increasing Rev/Appns - Boating
pacility, Operations for May & June - 831,825
a. Substitute Ordinance 1202-67
3. Resolution 87-19 - Boating Facility - Goals and
Objectives
4. Resolution 87-20 - Accepting Deed of Release -
Baron Pk. S/D
5. Resolution 87-21 - Applying for Flood Insurance
Program
6. Resolution 87-22 - Transfer of Funds - Surveying, 1
Platting Section 36 for Ball Fields
`t 7. Resolution 87-23 -Transfer of Funds - Water &
-- Sewer - Additional Overtime - $5,000
6. *Liquor License Application - Golden Inn
_.. D. COMMISSION/COMMITTEE REPORTS
1. Planning & Zoning
2. Harbor Commission - -- - -
3. Recreation -Co ss on -
4. Library Commission
�.- - 5. Councilon Aging--
( 6. Airport Commission
�. 7. Misc. Comm/Comm P9
L
f
E. MINUTES
1. *Regular Meeting, April 15, 1987
F. CORRESPONDENCE
1. *City of Soldotna - Appreciation for Gift
2. *Governor Cowper - Payment of state Impounded
Funds
3. *Governor's Task Force on Local Government -
HB-204, Restructure of School Debts
G. OLD BUSINESS
H. NEW BUSINESS
1.
Bills to be Paid, Bills to be Ratified
2.
Requisitions Exceeding $1,000
3.
*Ordinance 1203-87 - Increasing Rev/Appns - 84/86
Advance Refunding Debt Service Fund - $408,113
-_-- l
4.
*Ordinance 1204-87-Amending Kenai Municipal Code -
set Employee Anniversary Dates at First of Month
5.
*Ordinance 1205-87-Amending Kenai Municipal Code -
Establish Police Trainee Position
!�
6.
Ordinance 1207-87 - Increasing Rev/Appns - Senior
Citizen Grant - Temporary Activity Aide in Senior
i�
Day Care - $1,179
'
a. Public Hearing - Ordinance 1207-87
,j
7.
*Ordinance 1208-87-Amending Kenai Municipal Code-
"
Title 11, Harbor Facility
S.
*Ordinance 1209-87 - increasing Rev/Appns -
9.
Library Books - $1,083
*Ordinance 1210-87-Amending Kenai Municipal Code-
;
Title 23 - Pay Range Increase - Legal Assistant
Position
'
10.
Kenai Boating Facility - Change Order N3
11.
Discussion - Inlet Woods - Doyle's Claim
12.
Discussion - Long Term Aircraft Tiedown Management
Plan
13.
Games of Chance & Skill -
F
1_
14.
Moose Lodge #1942
Airport Safety Zone/GAA Apron & Taxiway - Zubeck -
-
Change Order #1 - $7,320.57
15.
Security
Cost Estimate on FSS Building Sec y
16.
Discussion - Burnett/Golf Course
Discu
1
. 17. Discussion - Marketing of Airport Propose
18. Discussion - Economic Development Committee -
Final Report
ADMINISTRATION REPORTS - -
1. - City Manager-
2. Attorney
3. Mayor
4
J
Z
4. Clerk
S. Finance Director
6. Public Works Director
7. Airport Manager
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
,i
I
1'
i�
KENAI CITY COUNCIL - REGULAR MEETING - MINUTES
MAY 6, 1987 - 7t00 PM 07--
KENAI CITY HALL j
MAYOR JOHN J. WILLIAMS PRESIDING c
PLEDGE. OF ALLEGIANCE �
INTRODUCTION OF STUDENT GOVERNMENT REPRESENTATIVES ' {
Mayor - Amber Williams
Council - Dawn Wagoner, Greg Bucholz, Melanie Mahurin,
Sam Perera, Jonni Lynn, Dawson Stoops ; -t
Clerk Lisa Wallner called roll. All present.
A. ROLL CALL (Council)I
Present: Monfor,-wise, Williams, Ackorly, McComsey,
Measles
Absentt Bailie (Excused)
A-1 Agenda Approval
i
1. Mayor John J. Williams requested item C-5 be
postponed till May 20 meeting.
2. Mayor John J. Williams asked that item C-9 be
added, Res. 87-24 (supporting Legislation for
Equitable Distribution of Fish Tax).
3. Mayor John J. Williams asked that item H-15 (FSS
Building Security) be postponed to the May 20
meeting.
4. Mayor John J. Williams asked that item H-18
(Economic Development Comm. Final Report) be
postponed to the May 20 meeting.
MOTIONS
Motion made by Lynn, seconded by Stoops, to approve the
agenda as amended.
'1
Motion passed by unanimous consent.
j A-2 Consent Agenda
i
• Approved as submitted by unanimous consent.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
i
None
C. PUBLIC HEARINGS
I C-1 Addt112Construction Costs - $20,000v/Apne -FSS Facility.
i-
MOTIONt
Motion made by Mahurin, seconded by Stoops, to adopt
the ordinance.
There was no public comment.
. VOTE (Passed)t tj
?' Yost Williams, Wagoner, Buahols, Mahurin, Porera,
-Stoops
._ .. _ . _. ..
i
---{------------ -- ----`- Not Lynn
t.
- -- -
C-2 Ord. 1202-87 - Increase. Rev/Appns -Boating Facility, - --
t-
'i
Is
KENAI CITY COUNCIL
MAY 6, 1987
PAGE 2
Operations for May i Juno - $31,825
MOTION:
Motion made by Bucholz, seconded by Wagoner, to adopt
�
the ordinance. ;
MOTION$
Motion made by Stoops, seconded by Bucholz, to amond
the ordinance with substitute Ord. 1202-87
There was no public comment.
VOTE, Amendment
- -
Motion passed unanimously by roll call vote. i.
�I
VOTE, Main Motion as Amended$
Motion passed unanimously by roll call vote. f
C-3 Res. 87-19 - Boating Facility - Goals S Objectives
There was some discussion regarding deletion of
commercial fish processors from the list of those
i
served (01, Objectives).
MOTION► Table:
•
Motion made by Bucholz, seconded by Stoops, to table
c„
the resolution.
-)
VOTE, Table (Bailed)t
Yes: Bucholz, Patera
Not Williams, Wagoner, Mahurin, Lynn, Stoops f
'
MOTION, Amendment:
Motion made by Lynnseconded by Stoops, to amend the
resolution -Objectives, 41, line 1, delete the words
"commercial fish processors."
There was no public comment.
VOTE, Amendment (Passed)$
Yost Wagoner, Peters, Lynn, Stoops
+s
No: Williams, Bucholz, Mahurin
k
�
..
VOTE, Main Motion as Amended: ?
'
Motion passed unanimously by roll call vote.
„ - -
C-4 Res. 87-20 - Accepting Deed of Release - Baron Pk B/D i
-,
MOTION$
'
Motion made by Mahurin, seconded by Bucholz, to adopt {
the resolution. k
There was no public comment. '
- --- = - --- -- _ _
VOTE (Passed) t F-
Yost Williams, Wagoner, Buchola, Mahurin, Perera,
�`
- - -- - - - - -
- -----Stoops
Not Lynn
� A.
F
KENAI CITY COUNCIL
MAY 6, 1987
PAGE 3
-
Fundn Surveying, Platting
C-6 22 - Tranot. of
Section
MOTIONS
Motion made by Buchols, seconded by Patera, to adopt
the resolution.
There was no public comment. <
<
Motion passed by unanimous consent-
C-7 Ras. 87-23 - Transf. of Funds - water & sower - Addtl.
Overtime - $5,000
MOTIONS
Motion made by stoops, seconded by Patera, to adopt the 4
resolution. t
There was no public comment -
Motion passed by unanimous consent.
C-8 Liquor License Application - Golden Inn
Approved by Consent Agenda.
i
C-9 Res. 87-24 - Supporting Legislation for More Equitable
Fisheries Business Tax Refunded by ;
Distribution of
State to Local Governments
MOTION: -
Motion made by Lynn, seconded by Mahurin, to adopt the
resolution.
I
There was no public comment- 4t
Motion passed by unanimous consent- t
D. COMMISSION/COMMITTEE REPORTS t
D-1 Planning & Zoning E(
None {
D-2 Harbor Commission
Commission Chairman Quesnel reviewed the new boating
facility. it is ahead of schedule. It will be ready
for use by June 15, the contractor does not have to
complete the work till the end of July. Regarding use
of showers and bathrooms, they are generally for use by
by those involved in commercial
the public, preferably
fish, sports fish and water recreation. They will pay
temperature will be
i
for use of the showers, the water
low.
D-3 Recreation Commission
Student Jenni Lynn reviewed the day with the Recreation j
Recreation Director McGillivray reviewed
Department.
the problem -with she hot -tube. at - the Recreation center,
He would recommend they-bB
- - - - -
per his memo in the packot.
pulled. They are used primarily by people who use the
- racquetball court. -and do -i2t DAY. The hot tubs and
1
000,
- -1
saunas saunas.88rned aboutl$:,
new,3hofaoticipatedthe couldost
L
c.
J
KENAI
CITY COUNCIL
'
MAY 6,
1987
----
Mr:
6
PAGE
4
not got more than $1,500 for them. Councilman Aekerly
asked if they would purchase another sauna. Mr.
McGillivray explained, they do not need one.
MOTIONt-
Notion made by Wagoner, seconded by Stoops, to approve
the sale of the hot tubs as recommended by the
Recreation Director.
i -
VOTE
(Passed)$
!
Yes: Williams, Wagoner, Buchola, Mahurin, Lynn, Stoops
Nos Poreea
p-4
Library Commission
Chairman Swarner reported there was a meeting May 4.
One member has resigned. She distributed the May
_
=
calendar. The Summer Reading Program will start Juno
8.
D-5
Council on -Aging
Program Director Porter reported they will have a
'
meeting May 11. (CLERK'S NOTEi This was later changed
to May 15) Council is invited to lunch May 13. The
now van has arrived. In reply to a question by a
student representative, the Easter baskets were given
to the home -bound seniors.
{
D-6
Airport Commission
Airport Manager Ernst reported there was a meeting May
23. They reviewed the tie -down apron and management
}
plan. Student Robert Cole reviewed his day at the
airport. Mr. Ernst stated there is approximately $7
Million fund balance in the land systems fund.
1
Interest earned plus land leases expands the fund at $1
Million per year. We have $2 Million available for
airport building. Councilman Wise noted this means $10
Million cash, $10 Million in assets. Mr. Ernst added,
when FAA turned the land over io the City, it
f
stipulated the income could not be spent, Just the
interest. This is the only one in the U.S. with that
stipulation.
l
D-7
Misc. Comm/Comm
f
None
k_-
E.
MINUTES
E-i
Regular Meeting, April 15, 1987
'
Approved by Consent Agenda
1
P.
CORRESPONDENCE
,•
F-1
City of soldotna - Appreciation for Gift
P-2
Governor Cowper - Payment of State Impounded Funds
F-3
Governor's Task Force on Local Government HS-204,
Restructure of School Debts
'
Approved by Consent Agenda.
a
---- ---
- -
G.
NEW BUSINESS -
-
? -- ,� .
+ti.
_
This was postponed till regular Council meeting.
t!
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4�
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sv
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1+
t y
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's
KENAI CITY COUNCIL
MAY
6, 1987
PAGE
5
I.
ADMINISTRATION REPORTS
1-1
City Manager
Student Susan Hatt reviewed her day in
City Hall.
I-2
Attorney
student Dave Oberg reviewed his day in
City Hall.
I-5
Finance Director
1
Student Bill Fisk reviewed his day in
City Hall.
I-6
Clark
Student Lisa Wanner reviewed her day
preparing for
Council meeting.
FIRE DEPTs
Student Dawn Wagoner reviewed her day in the Fire Dept.
WATER & SEWER DEPT.t
Student Aaron Morse reviewed his day in the Water & ,
Sewer Dept.
1-3 Mayor
Student Amber Williams reviewed her day preparing for
Council meeting.
ADJOURNMENT (Student Government portion)s
I
Meeting adjourned 8s30 PM. j
At this time saCh student introduced themselves. Mayor
Williams suggested a letter of appreciation for the I
striping on the City roads be sent by the students to
the State. Elks Representative Craig Fanning thanked
Council and Administration for their help.
REGULAR COUNCIL MEETING - CONVENED 8t55 PM.
C-3 Res. 87-19
Councilman Measles asked this item be brought back for
discussion.
i
MOTION: j
Councilman Ackerly moved, seconded by Councilman
Measles, to adopt the resolution.
NOTION, Amendments j
Councilman Measles moved, seconded by Councilman Wise,
that the resolution as passed by the student government E
representatives be amended to place the words {
'commercial fish processors" back into the objectives,
Councilman Measles explained, this is primarily'for
fishermen, not processors.
Amendments
Motion passed -by -unanimous consent. - - - -- - ---
s
}
MAX CITY COUNCIL
MAY 6, 1987
PAGE 6
VOTE, Main Motion as Amendedt
Motion passed by unanimous consent.
ITEM: ACTION TAKEN BY STUDENT REPRESENTATIVES:
MOTION:
Councilman Measles moved, seconded by Councilman
Ackerly, to confirm the action of the Student City
Council that conducted the meeting, with changes just
made.
Motion passed by unanimous consent-
H. NEW BUSINESS
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Measles moved, seconded by Councilwoman
Monfor, to approve the bills as submitted.
Public Works Director Kornolis reviewed-Doyles
iscdiscussioniOn.thehclaim. These payments willenot-11
interfere with the claim.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
MOTION:
Councilman Ackerly moved, seconded by Councilman
Measles, to approve the requisitions as submitted.
Motion passed by unanimous consent.
Councilwoman Monfor asked about Peninsula Fencing and
Jahrig Electric. Airport Manager Ernst explained, ::his
is a key card gate for the safety eo,.e, taxiway and
long term parking, between CAP and the cemetery.
Motion passed by unanimous consent.
H-3 .
Refunding Debt Service Fund /Ap$�86 Advance
408,113
H-4 Ord. 1204-87 - Amend. KMC - Set Employee Anniversary
Dates at First of Month
H-5 Ord. 1205-87 - Amend. KMC - Establish Police Trainee
position
Approved by Consent Agenda.
H 6 Grant120Temporary Activity Aidenin SeniorrDaytCare -
$1,179
MOTION:
Councilman Wise..moved, seconded by Councilman AckerlY. 1
to introduce the ordinance. I j
-- -- Motion-passed.by_unani-mcue consent._ i
MOTION, 2nd Readings {
A
KENAI CITY COUNCIL
MAY 6, 1987
BAUE 7
ifs=
Councilman wine moved, seconded by Councilman Measles,
to have 2nd reading of the ordinance.
Motion passed by unanimous consent. I
l
I
MOTION, Adopts
i
Councilman wiso moved, seconded by Councilman Measles,
�
to adopt the ordinance.
There was no public comment.
.1
Motion passed unanimously by roll call veto.
i
-
{
H-7 Ord. 1208-87 - Amend. KMC - Title 11, Harbor Facility
H-8 Ord. 1209-87 - Increas. Rov/Appns - Library Books -
$1,083 - r
H-9 Ord. 1210-67 - Amend. KMC - Title 23 - Pay Range
Increase - Legal Asst. Position
i
t
Approved by Consent Agenda.
'
H-10 Kenai Boating Facility - Change Order N3 f
MOTION t
Councilman Ackerly moved, seconded by Councilman j
Measles, to approve the change order.
Public Works Director Kornelis referred to p. 3, #13,
r
"
running conduit. some of the fish processors have-
requested they want electric pumps for a crane. He has
{
included that in the bid specsif they have requested
it:
this and they are successful bidder, he would do
It would-be more expensive later because it would be
under the dock. It could be done now for less money
(13,0000 The Harbor Commission recommends we add to
I
the change order to bring the amount to t10,000. He
would likenit where they want
oncman
- .
s willhave credt onrunningthe ire
Aokeriy asked if it would be just as good and as safe.
Answer - yes.
s
!�
Engineer Nelson. This was brought up by the Harbor
Commission. If this is added, it will be conduit only. i
He has not received a price for pulling the wire
u3hanother change
seoad
atd
s
{
beenchange ods% #1 wan no #2
rer
increasing the scope of the project.
floats, p3 is
i .4.. The bid proposal
Barry Ellsworth, Harbor Cemm Bs o .
stated electricity was available. They hope to have
fish processors by June 18. The contractor has no
obligation to have electricity on the job till July IS.
The Commission felt it was needed now it a person wants
electricity available.
Public works Director Kornelis explained, there are
some processors that would need power for their crane.
It would depend on who is successful bidder. They are
bidding on sq. footage of dock. In the bid package it
_ { said if they desired it, we would provide. {
p1onop,-Amondmentt I - - - - - -- -- - - - l
Councilman Ackerly moved, seconded by Councilman
Measles, to add #13 (running conduit) and increase the {
change order to {1d,709. - - -- -�- -
X
L
0
KENAI CITY COUNCIL
MAY 6, 1987
PAGE 8
VOTE, Amondmentt
Motion passed by unanimous consont-
MOTION, Amendment:
Councilman Wise moved, seconded by Councilwoman Monfor,
to add 112 (cover plates) and increase the change order
to $12,958.
VOTE, Amendment:
Motion passed by unanimous consent.
VOTE, Main Motion as Amondedt
Motion passed by unanimous consent.
Mayor Williams asked if there had been any discussion
regarding ice equipment- Answer - no- Mayor Williams
asked Administration to put out feelers on this.
H-11 Disc. - Inlet Woods - Doylo's Claim
Public Works Director Kornolis explained, he reviewed
this and gave it to Council for information. He has
asked for backfMp an the claim. They are willing to
settle for f15;Administration recommends not
settling. 4�'Kas given inadequate notice of claim and
h 1 t basis of denial should
has no justification. T e s
be
mustrnotify theour tCity wract ithin 10 days. itthe
has nbeentoe
almost a year. The contractor complained every once in
a while and took some Council members to see the job.
He giveiusnot come nythingiinand say writingohad a till thelend,nor i d he
of thej b.
Council agreed to send a letter stating he had no claim
based on lack of documentation.
H-12 Disc. - Long Term Aircraft Tiedown Management Plan
Airport Manager Ernst explained, the Airport Comm. felt
management of the electric outlets is more trouble than
installation. He would lik:i to stub to poste and see
if there is a demand, then decide. y80'e could preheat
their aircraft. Mayor Williams noted it would decrease
liability insurance costs. Mr. Ernst added, it would
eliminate cords on the runway.
MOTIONt
Councilman Wise moved, seconded by Councilman Aekerly,
to approve the aircraft tiodown plan.
Motion passed by unanimous consent.
Games of Chance & skill - Moose Lodge #1942
Approved by Consent Agenda.
Airport safety Zone/GAA Apron & Taxiway - Zubeck -
Change Order Al - $7,320.57
Public Works Director Kornolis reviewed the change
order ---They -were. approved so there would not be
substantial increase in cost. Councilman AokerlY noted
it has already been done. Mr. Kornolis explained, it
has boon City policy to do -this -if there would be more
KENAI CITY COUNCIL
MAY 6, 1987
PAGE 9
}
cost. He reviewed this with City Manager Brighton.
Councilman Wise said in October, Mr. Kornolis
authorized $6,000 worth of work and came to Council 8
months later. why did Council not got it sooner? Mr.
Kornolis replied, page 3, the date is April 29. He
just received this for the packet. That is when he got ,
do
the bill for i4,000. FAA said they would not lot us
what they had said before we could do. Regarding the
markers, a small portion of the $6,000 was done last
year. He did not know they were going to charge till
be
this year. He was under the impression we would not
i
charged. Councilman Ackerly noted McLane submitted
Nov. 1986, maybe they were at fault. Mayor Williams
noted the contractor was authorized to proceed Oct.
1986. Mr. Kornolis replied, he received this April 30.
Airport Manager Ernst explained, we were not aware that
submit this. 2 barricades and 2
---- -- --
the contractor would
flashers, the City contracted the rest of the work. i
1
FAA decided 500 ft. of runway had to be closed after
beginning the project. He did not know we would be
.
charged. He bought light flashers and cones. He
authorized the work because it would not be approved by
FAA unless•we did. Mayor Williams said the contractor
was authorized to proceed with the change Oct. 1986.
It was a minor item. 6 months later the contractor
computed a bill of $1,788. There would be additional
$4,365 in the spring. The contractor did not send a
f1,788 bill in the fall. The contractor was at fault
_
for not submitting in a timely manner.
MOTIONe
Councilwoman Monfor moved, seconded by Councilman
1
Measles, to pay the bill.
;.
-
Councilman McComsey asked if they used up their 120
we are
days. Answer -.Yes. Councilman MaCOMSOY said
paying for $6,000 we will not get. Mr. Kornolis
11
explained, he will revise the change order after he
purchases the barricades. Councilman Measles asked,
what happens if the barricades do not get in till the
project is over? Mr. Ernst replied, we have the
barricades, we only need flashers. We should have them
in one week.
i
VOTE (Passed)t
j
Yes: Monfor, Wise, Williams, Measles
t
Not Ackerly, McComaeY
j{
H-16 Disc. - Burnett/Golf Course
Jill Burnett, Kenai. At the last work session she was
requested to gather a list of the type of things she i
was going to include (as costs)- Finance Director
Brown has submitted a letter reviewing accounting
principals as applied to land. She did not dispute
that, but IRS has its own rules. These are deferred
tax items and will have to be paid to the Pods. she
did not have specific figures for Council. They have
invested $240,000. There are other things not included t
such as legal fees that are continuing to rise. She
will do a detailed research if this is of interest to
Council. councilman Ackerly asked, $240,000 plus 20B7
Mrs. Burnett replied yes. There has been concern
regarding -the best -use- _of --taxpayers! . money... Mr.-. Morgan
could utilize the land the City gets from Surnotts for
the golf course. The city could take Morgan's land and
put -into improving lots along -the golf course._ 5 lots_
f
I
KWAI CITY COUNCIL
MAY 6, 1987
PAGE 10
would cover the coat of purchase expenses plus years of
property tax income from expensive homes. The
taxpayers would be well served. This in the only
solution they have come close with. She asked if we
were still in discussion or not. if we are still
discussing, she have the figures at the May 20 meeting.
Councilman Ackorly said he thought there would be 2
appraisals and settle on the difference between the 2.
Mayor Williams explained that was one of the ideas.
The 2nd was purchasing the land outright plus 20%. ,
None of the ideas is final. Mrs. Burnett is asking if
the City is still willing to work with the 2nd idea. ,
Councilman Wise noted 63'.#4 6 05 in Mrs. Burnett's
list are not legitimate costs to capitalize. Mrs.
Burnett replied, interest is tax deferred only on
investment purchases, which this was. .
It may be dealt j
with differently than homes. If you are deferring
taxes, at the time of sale you must pay taxes. Her f
proposal to Council last week specifically included
those items. It was not to GAAF regulations as Finance
Director Brown referred to. It is cash out of pocket
and to help her cut out losses. She had an informal 1
appraisal of $7bO,000. In looking at cash out of
pocket, she is not asking for an unreasonable sum.
With a formal appraisal, the reason she went this
approach is that she had so many disagreements as to
method, she suggested this proposal. Councilman f
Mccomsey said he could not believe we should pay 20% of
closing costs; etc., it should just be the initial
purchase price. Mayor Williams said the question is, k
should they gather the documentation, whether Council k
is willing to take this or go on with litigation. ;
Councilman wise said he thought the appraisal would be
lose. Councilwoman Monfor said she could not accept
the figures, she did not know what kind of
creditability they would have with the taxpayers. Mrs.
Burnett noted she did not know how well the taxpayers
would be served by a lawsuit of a long time. She
added, she has been patient for 4 years. Council has
directed Administration many times to correct this and
they have not done so. She would far rather keep the
land as she originally intended and sell for profit.
Mayor Williams asked Mr. Morgan, in light of the
economy, what would his feelings be regarding waiting a
year to start the 2nd nine holes? Mr. Morgan replied,
Lloyd Dyer wants to finish this and sell his cat. If
Mr. Dyer does not do this, it will cost Mr. Morgan
more. Mayor Williams asked Mr. Morgan, what would his
feelings be if the city allowed him to go ahead without
an agreement, and then throw it into court? Mr. Morgan '
replied he would rather do the work after this is
decided.
I
WILLIAMS CALLED A RECESS.
Mayor Williams explained, we are in a situation between
2 forces. The City does not have to do anything. }
There is a dispute on Burnetts if there is an easement.
Mr. Morgan can accept the option from the City with the
understanding there may or may not be an easement. The
Burnetts can pursue if the easement exists. The City
could throw it into litigation. If Council fools an
obligation to do something, they can ask Burnetts for
d sa we do not need a golf course.
figures- or -deny an Y- - -- i i - -t
Councilman Wise said in 1983 Council made a dec s on o i
allow access to the old homestead. Administration did
not -cooperate with pertecting-the -easement. - when we -
entered into the Morgan contract, Administration, in
developing the contract, failed to put that in the `
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KENAI CITY COUNCIL
MAY 6, 1987
PAGE 11
I
record. Mayor Williams stated he could not use that
line, these continents could wind up in court on this.
Mr. Morgan said Mayor Williams has said this is between
the Burnetts and Morgans. That is not true. He has no
contact with Burnotts. He has a lease with the City.
Au long as the City doesn't do anything with the land,
he cannot do anything about it. He has a lease with k
the city and will not confuse it with anything aloe.
Mayor Williams said if Mr. Morgan chooses to take the
2nd 40 acres contingent on any easements --- Mr. Morgan
replied, he does not choose to. Mayor Williams said,
if Mr. Morgan chooses to not accept, based on possible
easement, there is no reason for the City to pursue
with the Burnotte. Mr. Morgan added, assuming he does
not take the City to court. Mrs. Burnett added, she
would like to reiterate she does not.have a quarrel
with Morgans, but with the City. She has -put 4 years
trying to resolve this. If she wore on Council, she
would question why these directives were not taken care
of. It is lack of action by Administration that has
allowed it to come to this point. Mayor Williams
explained, in 1983 Council passed an ordinance granting j
an easement. The ordinance is there, perfecting is up
to the person involved. When a purchaser buys
property, he should insure access. it is not the
City's fault. This is business transacted between 2
individuals. The City did accommodate Burnetts by
issuing an easement. All she had to do was claim it.
The City offered Morgans a lease subject to this `
easement.
Council agreed to close the discussion.
H-17 Disc. - Marketing of Airport Proposal
I
Councilman Wise explained, he had asked for this at the
Resource Dovel. meeting in Anchorage. These people
will be at the May 14 Airport Commission meeting. One
of the things he learned at the Resource Development
meeting am was reiterated at the Chamber of commerce
short course this date, is you have to form your
objectives and market them. This is a multi -million
dollar facility. The City has never marketed the
airport.
i
I. ADMINISTRATION REPORTS
I
1-1 City Manager
Acting City Manager Brown noted his memo distributed '
this date regarding Burnett's Proposal to sell land to
the city was given to the Clerk and is part of the
record.
I-2 Attorney
Legal Asst. Sutcliffe reported the Legislative hearing '
on utility relocations will be May 7.
Mayor
Mayor Williams spoke.
a. He asked council to schedule a work session to
review Federal -Revenue Sharing. Finance- Director
Brown explained the ordinance will be introduced
June 17 and passed July i. Councilman Wise
suggested -Administration-provide an estimate -on --
completing a sower interceptor line to Thompson
� 1
0)
KENAI CITY COUNCIL
MAY 6, 1987
PAGE 12
Rk. and water & sower down Beaver Loop Rd.
Council agreed to meet June 8 at 7100 PM.
b. The Bicentennial Constitution Comm. has asked the
High School shop to construct panels to display
the State Constitution and City Charter. The
panels will cost $1,8O0. Finance Director Brown
noted there is $2,600 loft in the Legislative
Professional Services budget and some in
Legislative Ia. It has to be by resolution. The
Code says transfers have to be by resolution or
telephone poll. Councilman Measles suggested this
be put under Federal Revenue Sharing. Mr. Brown
said there is $40,000 to $50,000 available.
Council agreed to put this in Federal Revenue
Sharing.
C. He asked Council to schedule a short work session
May-13 to review the City brochure. Council
agreed to the meeting.
d. May 16 is the Veterans Memorial ground breaking
ceremony. vice Mayor Measles will attend for
Mayor Williams.
e. The Bicentennial Constitution Comm. asked the
State 'for copies of the State Constitution. They
said we could copy the Constitution but they did
not have any extra copies for distribution. He is
making arrangements to have the Borough printer do
it.
f. There is a vacancy in the Library Commission. NO
will contact Carol Bronckle if she is interested.
Council agreed to the appointment.
g. He purchased a lamp ($65) for the Chinese
delegation when they visited Kenai. The Governor
is interested in purchasing urea from Unocal in
1988. we have a sister -State relationship with
this province.
Council agrrned to repay the Mayor for the cost of
the lamp.
h. He wanted to go to Juneau May 14-through 19 for
Mayowillbefortransportation.
asessions. Coate
ilbe $
Council agreed to the cost.
L. Wasilla became the official constitution City.
(Item 1-3) What is the significance of 5 year
commemoration? Councilman Ackorly replied the
Bills of Rights was signed in 1791.
j. He noted 1991 is the bicentennial year of Kenai.
Our Bicentennial Constitution Comm. work is done.
He is going to most with the Historical Committee
and the Old Town Committee to form a Bicentennial
City of Kenai Committee. He asked anyone with
good ideas, members or funding to notify him.
k. He will be in Fairbanks June 5 through 7, not at
City expense.
1. The Chamber of Commerce had a seminar this date on
promoting development. 86,000 people in Alaska
are associated with military and Federal Govt.
They put $2,900,000,000 each year in the economy.
$2 Billion goes back to the Federal GOvt.,
$900 Million stays here. The government appd
military are main income factors. This rolatoe to
the proposed Air Guard base.
City Clerk
None
L
KENAI
CLTY COUNCIL
MAY 6,
1987
PAGE.
13
i
1-5
Finance Director
Finance Director Brown spoke.
r
a. The date for the public hearing for the Inlet
Woods assessment roll is suggested for June 3. !
41tom I-5) Council agreed to the suggestion.,
b. Anchorage sued for an open appeal period regarding
population statistics for State Revenue Sharing.
Kenai will also sue. j
;Q
I-6
Public works Director
Public works Director Kornelis spoke.
'
a. Regarding item C-6 (Res. for surveying 6 platting
------ -
of Section 36, ball fields). it is different than
the previous proposal. Mrs. Mulholland does not
have a problem with it except she wants contours.
-
The reason for the change is there is Borough
property there. There will be 7 ball fields as
planned. Recreation Director McGillivray said he i
planned to have 2 members of the Recreation Comm.,
2 from Little League and one from American Legion
and set up a committee to do plans regarding lay
out of lands. Council agreed to the suggestion.
;!
Mr. McGillivray noted this will not alter the
outside perimeter. Mayor Williams suggested we
approach the Borough regarding this land. He also
asked if this allows for parking. Mr. Kornelis
replied he could contact the Borough. Parking is
sufficient.
b. info #9 is the schedule of events for the boating �`-
facility.
C. Info #15 is a list of coats for an RV park near
the boat facility.
I-7
Airport Manager
Airport Manager Ernst spoke.
a. Federal Express has asked for a drop -box at the
airport. it will be for envelopes, as DHL.
�.
Council agreed to the request.
b. He will leave May 7 for San Antonio and will miss
the Airport Comm. meeting. Mayor Williams asked
Councilman wise to attend for Council.
s
J.
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Councilman Measles. He asked that Administration
!
prepare an estimate of costs of extending Lawton j
to Swires for road, water 6 sewer. Council agreed
..
a.
to the request.
b. Councilwoman Monfor. info #7 is a cost estimate
-
for the Memorial an Bark. I6 there Y action?
Answer - no. Finance Director Brown noted we have
$44,000. Councilwoman Monfor noted the base bid
I
is f49,000. Mr. Kornelis said the total is
$79,000. Councilwoman Monfor stated we are not
paying for the fountain. Mr. Kornelis explained,
j.
we are bidding for it, the money will come to the
City for payment. Councilman Ackerly said.they
,.c
had already ordered it. Councilwoman Monfor
-.------------.-- ----- --.-. - _
disagrood.--Mr,-Kornelis explained Architect
Gintoli had contacted the Hansen, it has not been
-
ordered. They changed the model of fountain.
--- -- ---- -- - - - -
councilwoman-Monfor said she thought. --the City WAS — - -----
---- -- ---- - ---- -- ---- --- ----
doing the design. Mr. Kornelis replied Mr.
i{
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NAI CITY COUNCIL MAY
MAY 6, 1987
J
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PAGE 14
3intoli did the bid specs, it is a contrast. we
just got the estimates. He added, the veterans
Memorial was placed in there, and there were
-
changes. We are trying to get by with less than
30 days. councilwoman Monfor noted this is
ove0 A.
park, becomingwelo
was don't dhby the City.
don't do it now, it will be next year to complete.
She asked, what is the Project aign7 Mr. Kornolis
replied, it is a permanent sign to identify the
park. It is like the B. HUBS sign. Councilman
Ackerly noted that is a lot of money for a sign.
Councilwoman Monfor,asked Finance D rcctOr Brown
Beautification Comm. how much money is
,
to toll the
left and the status of the fountain at the May 12
"
meeting. She asked, where is the remaining
$6,0007 Finance Director Brown replied, that is
for Mr. Gintcli. Mayor Williams asked about the
$10,000 deduction. Mr. Kornolis replied there is
a custom designed gazebo or a prefab gazebo as an
alternate. If we use the alternate, we will
deduct $10,000. Mr. Ointoli talked to City
Manager Brighton. Mr. Kornelis understood there
is $10,000 that has boon built up for the
fountain. Mr. Gintoli had said, it they had
$49,000 and the money came in at $39,000, it could
come to the fountain. j
Council agreed to the pre-fab gazebo and deducting
$10,000.
-,
C. Mayor Williams. Central Peninsula Hospital has
submitted an application for medical control
1
officer for the fire dept. (Info 012) He
suggested we go out for RFP's. No action was
taken by Council.
d. We may be on track for congregate housing program.
(Info #21)
e. Councilman Ackerly thanked Council and
Administration for their help on Student
Government Day.
f. Councilman Ackerly asked why we do not have A
sister city. Mayor Williams said he would look I
into it. i
. {
l
ADJOURNMENTt
Meeting adjourned at 1it25 PM.
s
I.
cityjanetClarkan
t.
1
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May 7, 1987
C
Mayor John Williams
City of Kenai
210 Fildago Street ->
Kenai, Alaska 99611
Dear Mr. Williams,
The Kenai Central High School students who participated in the
May 6th local government day appreciate your effort along with
the many city employees who unselfishly devoted time to
explanations as to how the city functions. It was a very worth-
while experience that we hope you will continue in' -.the future.
Thanks,
Susan Hett �jt�'�-L�
Amber Williams
City Manager
Mayor
A
Dawson Stoops ��L�
Melanie Mahurin
{
Councilman
Councilwoman
Sam Perea
Greg Bucholz
Councilman
baw�r
Councilman
Sherrie Barlow
Jim Pharris
Councilwoman
Councilman j
David Oberg
Sherri Hanson
i
City Attorney
Librarian
Wagoner Dart
Todd Parsons
1:
FireDawn
Police ChiefChief
np
-
((
r+"
Jim Voss
Public Works Director
Bill Fisk
Finance Director
j Lisa Wallne�� Jenni Lynn
City Clerk Recreation rector
-- -'
Sarah Ronellenfitch Robert Cole
Senire Citizens -Coordinator- Airport Manager,10111
- - - ---
-Aaron -Morse-
Water and Sewer Director
_-- ;4
i
F-�
I "
sieve cowPeA _3
..:,.,
6QVEpNGQ
44TAT IM op ALANKA
•• OFFICE or THE GOVeRNOR
J V N O A U i;•i0''•.
May 6, 1987 �:•' '
The Honorable John Williams
Mavor of Kenai
210 Fidalgo
- --
Kenai, AK 99611
Dear Mayor Williams:
Thank you for sending a copy of the City's
resolution expressing opposition to the transfer
of state roads to local municipalities to Governor
Steve Cowper. f
At the request of. the Governor, i have forwarded
your correspondence to the Department of
4
Transportation and Public Facilities for their
review. They will be in touch with you in the
near future with a more detailed response. The
department will then send me a copy of their
response*
if you need further information upon receipt of
the department's -letter, please feel free to
contact my office.
Sincerely, ;r
Ray Price
`
Special Staff Assistant
7'
to the Governor
• 'a
--------- --- ---- -
- - -cct- -_Commissioner- Mark. Hickey .
-- -- -- - -- -- -
_�
Department of Transportation
=-� ------ ------ --- - - - -
•
- and Public Fa-cilities
4
O
,
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if
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>i.
�i
Alaska State Legislature
�Ienator Paul A. Fischer
enate District 0
Qox 784
Soldotna, Alaska 99889
(907) 282-9420 W
282-9289 H State Senate
,73456)g�
VCr '
\�� May 6, 1987
F-y
Juneau, Alaska 99911
(907) 465.3791
John Williams, Mayor
City of Kenai
210 Fidalgo
Renal, Alaska 99611
Dear John,
Thank you for the copy of your City Resolution 87-1s concerning
the local maintenance of State roads. I appreciate your concern.
I will be striving to maintain adequate State road maintenance. i
have often said that funding for transportation, education and
progr&ms for the young and infirm are basic State government
obligations that should not be cut. I will be Working to implement
the intent of your resolution.
I hope this information helps. Please let me know if I can be of
any further assistance or don't hesitate to call if you have any
questions.
Cordially,, y
JO A-.
Paul Fischer
State Senator
L
- -- -- - - - - - ---------- - ---- ----- --
i
I
i
i
•
'" � Municipality P.O. BOX 196650
0-1
ANCHORAGE, AL
(907) 264.6610
of
�.
,
'
Anchorage
TONY KNOWLES.
MAYOR i
DEPARTMENT OF FINANCE
Racal Administration
April 29, 1987
-
f
Mr. clarles Brown
Finance Director ' I
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
Dear M&&SAI
After receiving the letter from DCRA on the revenue sharing
it be helpful to explain the
special appeal, I thought might
actions Anchorage took to resolve a problem with our State
we
t.
. revenue sharing entitlement. I want to let you know that
receive their fair share of
want only to see that our citizens
sharing funds, and not in any way to diminish your
revenue
community's entitlement.
On March 13, our budget office called the Department of
to find out exactly how much we
i
Community and Regional Affairs
would receive in our next revenue sharing check. We anticipated
October
>
1
receiving about $15 million, based on the size of our
information received from DCRA in August and
payment and
February. While all these numbers were estimates based on
h adjustments to be
t
previou% data, we expected the Marc
relatively minor. However, we were surprised to learn that the
check would be approximately $1.9 million less than anticipated.
assessed valuation calculation made
,.
,i
We then discovered that the
by the State was based on a number in our Alaska Taxable report
formula
which included tax-exempt property. The revenue sharing
be based on tax-exempt property.
+.
is not supposed to
As a result of this, the checks originally prepared by DCRA
$2 million f Anchoragelooked
would have distributed almost
v like's
entitlement to other communities. What might have
windfall to you would have unfairly hurt us. Two years ago, we
the State that
!-
could have had a big windfall, but we notified
their numbers would give Anchorage $1 million more than we
d ted an we
thought we were entitled to, and the numbers were a jus
- - - - ----- - - did not get part of your revenue .sharing. funds. -
- - — - - - - -- - - DCRA -agreed with us_ that the formula _ was based on the wrong
�.,� assessed valuation figure. However, the -agency said -we were too -
late to make our appeal and get the formula corrected. They
as planned
insisted the original checks would have to go out
.. ._ ;, .. •Ali _ �
_ 1
L
0
even though they would overpay some communities and underpay
Anchorage.
since it would be very difficult to correct the payment amounts
after communities cashed their.checks, we felt we had no choice
The judge granted a
but to ask a judge for assistance. ,
temporary restraining order Friday, April -10, stopping payment
on all checks except those to communities receiving minimum
entitlements. you have since received a check, but there is an
amount set aside to resolve our appeal and any others received
from the special can
peal. The amount make determinationstons
ide will be disbursed
as soon as D all appeals received.
we are sorry this happened but I am sure that, if you were in
our shoes, you would feel obligated to do the same for the
benefit of your citizens. This letter only provides a brief
explanation, but don't hesitate to call me dt 343-6610 if I car.
provide additional information.
sincerely, ;
Barbara Steckel
Chief Fiscal officer
BS: ps
1 cc: Mayor
:, .
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C
CONSTRUCTION
April 14, 1987
The Honorable John Williams, Mayor
.1 A.
City of Kenai, and
Members of the City Council,
Kenai, Alaska
Dear Mayor Williams and Council Members,
Woodard Construction Co., prime contractor for the new Automated
Flight Service Station, Kenai, Alaska, is pleased to take this oppor-
tunity to thank the City of Kenai for their award of the contract,
and the subsequent construction of the new Automated Flight Service
Station. We also express our thanks for the consideration extended
us at the City Council Meeting of April 1, 1987.
You will also please be advised that Woodard Construction Co.
strickly adhered to it's policy of strong emphasis on "local hire",
the concepts of which are best made to work not by regulation, but
rather by a strong sense of moral obligation and voluntary action in
the community.
In support of this befief, we do take strong exception to any and
all legislation attempts, which are motivated by actions of selfish
groups or individuals, to control the disbursement of public funds
within a community, so as to prevent or circumvent the best interests
of the community.
In this regard please find attached a copy of our letter to the
Honorable Don Young, Congressman from Alaska, which addresses this
matter.
We would appreciate your support in our effort to defeat
H.R. 281/S. 492.
Sincerely yours,
WOODARD CONSTRUCTION CO.
10 f i
/4 01116� A
001 ,Cd
1510 • P.O. BOX 9.2U9 • ANCHORAGE. ALMKA StM
�1
onn
.AP
CONSTRUCTION
April 13, 1987 '
n//j !T
w T�
The Honorable Don YoungC
U.S. House of Representatives
Washington D.C. 20515
Dear Mr. Young,
It is indeed an honor and a pleasure for.Woodard Construction Co.
to share with the City of Kenai a welcome to you in the visit today
of the Automated Flight Service Station, our most recently completed -
project. ,
The action of the City of Kenai in providing this facility to the
Federal Aviation Administration is -commendable and will no doubt
provide considerable economic benefit to the City of Kenai. Woodard
Construction Co. as you know is very supportive of the "Local Hire"
principle and in each and every contract we have taken firm steps to
apply this principle.
Here in Kenai on this project all of the subcontractors but two
were local to the Kenai-Soldotna Area. All of the labor hire for I
these subcontractorss as well as the labor force of Woodard Construc-
tion Co.. were 100% local hire. While Woodard Construction Co. is
and has been. for 36 years. a Union Contractorg we never -the -less
negotiated with the Union to permit a "one job only" local hire on a
portion of the work on the Automated Flight Service Station. This
permitted Woodard Construction Co. to be more competitive on the local
market, and at the some time allowed more of the funds for the project
to remain in the Community. This. in our opinion, is as it should be.
We and along with other members of the Associated General
Contractors are concerned however that our ability to function compet-
itively in a free market and with the ability to conform to the local
hire concept may be severely restricted by enactment of H.R.261/S.492.
We urge you to vote against this bill to it's present form or any 1
modification thereof. {
Sincerely yours,
WOODARD CONSTRUCTION
C.E. Woodard
all - P.C. Box "M - AgClI mom, M A U "M �
L
a ? ' NATIONAL
NEWSLETTER
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�Ir�rlNdIwLO1Vf►AIICTOR...AGChIN.MUMiMM.Mt1�r...MNNM1 ++wrrrw.ew.w.orMgt 011 w.06111ft
April 8. 1987
_ Vol. 39, No. 15
WHAT TO.TELL YOUR REPRESENTATIVES AND SENATORS.
ABOUT H.R. 281/S. 492
... AND WHY YOU SHOULD TELL THEM N W
The Building Trades have just concluded an intensive week in Washington. D.C. during which they visited
members of the House of Representatives and Senators to seek votes for H.R. 2811S. 492. The Construction
Labor Law Amendments Act of 1987. Proponents' arguments sound deceptively simple ... the legislation
is merely to force employers to keep their contractual obligations, they say.
Construction industry employers —in both the union and open shop sectors —need to counter those simplistic
and false arguments now, well in advance of House Committee action and floor action. and Senate commit-
tee markup that is expected by early May.
Below are key points to make in expressing your opposition to the legislation, and in asking that your elected
representatives oppose it as well.
Here is how to reach your Representatives and Senators:
The Honorable — U.S. House of Representatives. Washington, D.C. 20515.
The Honorable -- U.S. Senate, Washington. D.C. 20510. Capitol Hill
switchboard —pot) 224-311.21.
Proponents of H.R. 281 have now acknowledged. by their actions in the House Subcommittee an I,ahnr
Management Relations, that their proposal of lest year was severely flawed. Yet. under the guise of cleaning.
up last yeae's proposal. in the form of I changes, an even greater injustice is perpetrated on construction
contractors, construction owners. and owners of construction projects as follows:
' • Owners of construction projects, who are the decision makers as to who will build their projects, will
be forced to make their selections exclusively from the ranks of _unionized contractors or exclusively from
ts
the ranks of open shop contractors. Owners of construction projecwill thus toes the benefits of marketplace i
' competition.
This will occur because owners of construction projects will want to avoid jobsite disruptions and litigatiw�
if they dare to award their projects without regard to the labor policies of those who build the projects.
• Unionized construction contractors will be obliged not to engage open shop subcontractors bacilusu
---- -- -- to do so -would force- unionization on the nonunion -employees of such- subcontractors.
- _ • Open shop general contractor$ will be unable to engage unionized subcontracting firms because duinµ
o would autometIcily unionize such- open shop general contractors. - - - - - - - -- - - - - - - - - -
• Heretofore free United States citizens, who can now exercise their right to have ownership Intltrusl in
a unionized firm, or an open shop firm. or both types of operations will, under H.R. 281. be limited to havinK
ownership interest in onlu one of those types of business entities. (coniinlu„t ton µilea 21
a]
Mira at rsss
AG Nstlwd NowdNtu
H.R. 2811S. 492 (continued from pass')
Thus, N.N. 281 would dictate the investment rights of American citizens in the construction indw..y
by singling out the construction industry as an area with only one investment choice.
* H.R. 281, if enacted. will force the nonunion employees of nonunion contractors into unions if their
employers have ownership interests in unionized firms.
• H.R. 281, if enacted, would make the National Labor Relations Board superfluous despite did fact that
the NLRB already exists as a workable vehicle. and has done so, to rule against entities that do not meet
the separateness test.
Despite the claims of H.R. 281's proponents that the NLRB is not an effective vehicle to redress alleged
violations, the records of the NLRB on this subject demonstrate that over a 3-year period only 107 charges
were actually filed with the NLRB and the vast majority of those were amicably settled.
• Deklewo—The proponents of H.R. 281 argue that under current labor law, employers are free to repudiate
pro -hire agreements. However, in February 1987, the National Labor Relations Board denied all construc-
lion employers the right to repudiate a pre -hire agreement during its term. The NLRB's decision in Deldewa
oliminates a major argument supporters of H.R. 281 have used in their efforts to obtain passage.
• The union's existing rights to enforce current collective bargaining agreements were reinforced in a
January 1987 NLRB decision (Barnard Engineering Company, Inc.), which required the union arm of a dual
Asup upuratiun to answer 29 questions regarding the nature of the firm's operations. When responses to the
questions indicate that the separateness standards have not been met, employers will have the terms of the
collective bargaining agreement applied to the open shop operation.
H.N. 281. as introduced in the tooth Congress and modified during recent Subcommittee hearings, con-
tinues to be legislation which attacks well founded principles of labor law and fundamental rights of employes
and employees alike. C .
NOW THAT THE HIGHWAY LEGISLATION HAS BEEN ENACTED ... AGC is
providing chapters complete information on the authorizations and other featurest
•
of the new law.
Highway bulletin N87.8. to chapters April 7. includes dotage on: I
0 authorizations —Tables show a breakdown of the $68 billion in highway fun-
ding through 1991, estimated apportionments by state for fiscal 1987, slate -by -state
distribution of obligational authority for 1987. and other -funding information.
• Disadvantaged Business Enterprise —Women are now presumed to be disad• A g
vantaged for purposes of the federal aid highway program. There are also other T11ANi/OIITATION
DUE definition changes. and new requirements for the federal and state DOT's.
• Automatic Interstate Cost Estimate mechanisms, transit authorizations, new
Itilul program for loll facilities, 88 percent minimum allocation, reimbursement to states on self -financed
projects, demonstration projects, standardized differing site conditions clause. extensions of Highway Trust
Fund and supporting user fees,, and other provisions.
INFORMATION TO CHAPTERS ON NEW BARGAINING SETTLEMENTS: Collective Bargaining bulletin
117-87, to chapters April 7. provides the first highlights of collective bargaining settlements reached to date
In 1987.
Information on wage and fringebenefit settlements, and costeffective contract language. should help other
negotiators' efforts. The first highlights cover recent settlements in Alaska. California. Pennsylvania, Texts
and Wisconsin.
CRIME LOSSES -OF EQUIPMENT- AND- MATERIALS—AQC SURVEY UNDER WAY, MEMBERS -
URGED TO RESPOND: AGC's annual survey of materials and equipment lost to vandalism. theft and
sabotage is -the primary source of information law enforcement -officials use to gauge the extent of the_F�1
blam and concentrate on prevention and recovery.
The annual survey. attached to Crime Prevention bulletin N87.1(to chapters April 3), also provides evidence
to help AGC's continuing efforts to secure legislation to restore federal jurisdiction to labor violence.
All members are encouraged to respond to the survey.
J
COOPERATIVE EXTENSION SE
121kilififfftOrrW ^C Al AQUA tianA Z QFA 121MANTrInf
7
Box 1719. Soldotne, Alesks 9MI
J901) 262-U24
May 4. 1987
r
Bill Brighton, City Manager
City of Kenai
210 Fidalgo St.
Kenai. AK 99611
Dear Mr. Brighton:
I hope to stay ahead of inquiries on the status of our Plant
Test Site.
I will establish a regular reporting or communi-
cation to your office so that you can answer any inquiries that
are directed to you and your office. I am suggesting initially
that I begin with this letter and a follow-up communication in
October or November.
I will be going out to clean up trash this week.
Agronomist, Stoney Wright, Plant Materials Center, (PMC).
Palmer, has two types of grass plots along the first street
side of the plot. They were established (planted) in 1984 and
he has been collecting data annually. One type of Stoney's
plots is called the Demonstration Plot- ..here he has 5 grass
utilized in
species and 2 legume species growing. The species
plot are species that are recommended in the Revegative
t
Guide for Alaska to determine their survivability in this area
and were fertilized at 3 different rates per acre.
t is called the Advanced Evaluation Plot.
Stoney 's second plo This plot is replicated 3 times and consists of 51 species
(so grasses species and I forb specie). Some of the species in
i
the plot are known to do well in Alaska (in general); and some
species are commonly used 'outside' for reclamation purposes and
are being evaluated in the Kenai Plot. The species have been
fertilized only once, when they were established.
Both the Demonstration and Advanced Evaluation plots are being
continued by the Plant Materials Center.
L
L
0,
Brighton
5/4/87
Pg. 2
In October of 1986, several plantings of woody material was
planted to establish a wind break or barrier along the Main
Street Loop and in the interior of the plot. I see this as
one of the important long range plans, to reduce the sites'
exposure to constant wind. Willow (Salix brach car a) and
Clematis tanguic_a are the two plant materia s use or the
planting and d will take several years before they become ef-
fective in reducing surface wind and wind velocity.
Kathy Wright, PMC Horticulturist, will continue to maintain
and evaluate woody materials.
My own plans for the 1987 season are to:
1) establish a turf specie and variety demonstration along
the Main Street Loop side of the plot. There is always a
need to evaluate and demonstrate turf varieties suitable
for home and business lawns; recreation fields and athletic
fields.
2) research trial utilizing 10 varieties of potatoes. This
will be replicated 3 times and data collected for research
purposes. The potatoes are being supplied by Dr. Don Car-
ling, Palmer Agriculture & Forestry Experiment Station.
a
3) one local 4-H Club will establish and monitor for at least
3 years a planting of Toklat strawberries and Kisska rasp-
''
berries. Both berries were developed by the Agriculture
1
& Forestry Experiment Station.
4) make available some space for a community garden to be
used and cared for by the local citizens at la!;:.
i
5) keep the weeds and trash cleaned up and the plot in an
acceptable appearance to the public.
If you have any gstions on this report, please contact me
at my office. T you.
/ahk
r
Sine ly,
Warren Larson
Resource Development Agent
!
:.- ------.... - --
WL:mh - - -
c.c. John Williams, Mayor City of Kenai
'
Iry Skblton,-CES, Fairbanks
I
p-..
,
P.O. Box V
Ceau, AK OMI
o�e:(907)465.2444
465.38621465.4923
April 23, 1987
Alaska State Senate
4'_.. ,
4j. r
William L. Heasley
F
i
vice -chair, Wes Committee
Chair, Administrative Regulation Review
John Williams, Mayor
City of Kenai
210 Fidalgo
Kenai, AK 99611
Dear Mayor Williams:
I am sending this letter to all coastal and river communities which have a
stake in Alaska's fisheries economy. It is.a sincere request for you and your
council/assembly members to review how well the state is managing the fisheries
resources "for the maximum benefit of its people" and for your community's
economy as a consequence. I have introduced a bill, Senate Bill 1889 that
restructures the state's fisheries management to raise what I believe is an
important consideration for you and the state.
With the dramatic oil revenue decline, Governor Cowper and the Legislature
began this session with a focus on measures that would stimulate the private
sector to pick up some of the economic slack. Most of the discussion to date
has centered on Arctic National Wildlife Refuge (ANWR), a potential gas lines
taxation policies, a few mining projects and a large commitment to foreign trade
ventures. None of these are likely to have immediate effects and the near term
prospects are speculative.
To look for any private sector relief, we have to look at what the economy
is offering now. And apart from oil that is primarily fisheries. Attached is
an overview of fisheries contributions to our economy. While not complete, it
shows that the resource provides:
1s in excess of 1 billion dollars of wholesale value annually; i
2. our primary export commodity;
3. the largest participation of Alaskan population and their individual
i-` investment; and
4. growth.
My question to community leaders is what percentage oft s wort owe capture--.-
in state. and what percentage can we achieve with more conscientious and deliber-
ative management attention? -What are the growth possibilities for-your--own--
community?'Article VIII. Sec. 2. Constitution of Alaska
:i
�t
-1 F
j This is a touchy subject. People with a direct vested interest are more
likely to live with and defend the uncertainties and defects of the current
system of management than the unknowns of a proposed restructuring change. But,
the annual scramble for altocative decisions, court suits, and controversy
detract from the state's constitutional responsibilities (See attached statement
to all fisheries groups).
The fisheries issues are complex. In the old days, every bay had a
cannery; high tech was a fish trap. Today, there are limited entry permits,
treaties,.floating processors, joint foreign-U.S. ventures, new products such as
surimi, a budding sports -charter industry, mariculture, and a host of other
developments. Your community's economic share has to be the success of your
residents participation in this activity and the success of the community's
value added processing and retailing capabilities. When I hear that on shore
facilities are closing down in favor of floating processing in some community or
that 92% of the suddenly lucrative bottom fishery in Unalaska is outside
fishermen, I believe that larger State policy issues are raised than what is
currently being addressed.
I do not profess to be an expert or even knowledgeable about many aspects
of the resource. But I do believe that the current management efforts are
inadvertently failing us and our opportunity to become the largest maritime
state in the union. It is for this reason I request your attention. I would
appreciate that your council/assembly discuss the merits of the issue I have
raised with SB 188. While nothing will happen this session, the eventual
outcome will depend, in large part, on your contributions, resolutions, and
leadership during this summer and fall. While SB 188 may not be enough, too
much, or mis-directed, I cannot think of another subject that directly impacts
more Alaskans, their economic pursuits and the future of the communities they
live in.
Sincerely,
William L. Hensley
Alaska State Senate
WLH/mjs
N
I
SENATOR HENSLEY'S STATEMENT TO FISHERY GROUPS
Recently, I introduced legislation in the Senate to create a
full-time fisheries management commission to replace the existing
Board of Fish. This legislation proposes to correct a basic problem
of the present board system of fisheries management: the lack of time
to adequately address increasingly complex fisheries issues.
In recent years there has been a phenomenal growth of fisheries
issues and developments that demand the attenticn of the Board. The
expansion of commercial fisheries into previously unharvested areas
and the development of new fish products and markets have caused the
economic activity, value, and competition associated with fisheries to
multiply. A further new development has been aquaculture. In some
areas -there is also increasing competition between the different user
groups: commercial, sport, personal use, and subsistence.
The Board of Fish must also participate in treaty negotiations
and cooperative efforts with the North Pacific Fisheries Management
Council.
With this increase in complexity, the ability of our part-time
Board of Fisheries to address the issues in a forthright and unbiased
manner has been severely strained. The 100 days or so that the Board
typically convenes each year has not been sufficient to resolve major
issues or conflicts. This year alone over 600 proposals were not even
brought up for consideration.
The overload dilutes the Board's formal process and the stan-
dards used for decision making. This breeds suspicion, mistrust and,
in the end, contempt for the process itself.
It is clear that we are in need of a more attentive and judicious
approach to fisheries managgement if we are to have long lasting
solutions. In my view this is no discredit to the currert or previous
board members. I believe they have given laudible service to the
state, most at tremendous personal sacrifice. However, the duties and
requirements of today's fisheries management are beyond the scope and
ability of a part-time board.
My proposal establishes a five member commission. The commis-
sioners are paid by the state and serve four years in staggered terms.
They are appointed by the Governor and confirmed by the Legislature.
They cannot have a proprietary interest in any fishery while serving
on the commission.
F It is not my intention to replace the public members of the
current board with bureaucrats. Rather it is to allow those people
whose experience would qualify them for the current Board a chance to
devote themselves full-time to handling the management responsibil-
- - i-ties-in a fair, judicious and -forward looking manner.
-. ---=-------- -3 ly= - - - - -This--proposal may not be -the- -only-solution-, but .something radi-
cally different must be done. The future of the resource requires it;
100,000 Alaskans dependent on the resource deserve it.
i
i
A
Official Business
Alaska State Legislature
Senate
Pouch V
State Capitol
Juneau, Alaska 99811
KZMQM
To: Senator Willie Hensley
From: Richard RainerR_
Sheila Helgath.X .7-pj
Legislative Analysts
Date: April 22, 1987
Subject: The Fisheries Component of Alaska's Economy
You have requested that we provide you with a brief overview
of the significance of fisheries industries to the economy of
Alaska as a whole. It happens that this subject has been
addressed recently in two in-depth reports. We recommend =1
commere,tal Fishing Industim in Alaska's Eaonomv (Institute of
Social and Economic Research (ISER), 1987) and An Overview of
s1.alritn irlakartAat eateh and Economic Importance of the
Game (ADFG), 1987) for those interested in a more thorough
treatment of the issue. They provided the basis for much of
this memorandum. In outlining the fisheries economy, we have
examined catch and production values, gross state product and
exports, income and employment, tax and other public
revenues, capital values, and price trends. We emphasized
the commercial fisheries, since information on other
fisheries is still fragmentary and inconclusive at this date.
X. The Value of Alaska's Fisheries
The economic value of Alaska's fisheries can be measured in
several different ways. We have included information on
ex -vessel or catch value (the value of harvests to
fishermen), production value (the wholesale value of
processed fish), gross product value (the portion of gross
state product represented by fisheries), and export values
(the portion of total exports represented by fish products).
Table 1 displays ex -vessel values of Alaska's commercial
fisheries for the years 1984_ -_ 1986, by species of fish. For
regional subtotals, see attached Table Al. In Comparison, - - the metals and coal mining industries' 1995 production value
was about $100, 000, G00. - The value -of -each -fishery - as-Irown. - - - - - - - - The best potential for future growth lies with the bottomfish
s
I
Senator Hensley
April 15, 1987
Page 2
Table 1
Ex -Vessel Value of Commercial Fishery
(millions of nominal dollars) i
,I
Year Salmon Shellfish Halibut Other Total
1984 343.0 102.9 24.9 43.0 513*9
1985 389.6 106.4 40.3 68.5 604.8
1966 404.0 166.4 63.2 236.4* 890*0
8ourcet ADFG, 4/86, 12/86, 2/87.
* includes some bottomfish landings not previously excluded.
{
sector (included in the "Other" category in Table 1).
Foreign harvests, which amounted to about 50% of the 1985
harvest, will be reduced to 10% in 1987 as the fishery is
"Americanized" in Alaskan waters. Fisheries harvests are
cyclict the last four years' salmon harvests have been the
four largest on record. In contrast, 1987 harvests are
expected to decline and harvests as recent as 1973 - 74 were
among the lowest since 1955. In 1973 shellfish ex -vessel
-
value exceeded that of salmon.
The wholesale value of fish processed in Alaska has shown a
strong increase in the last three•yearst seafood processing
is a billion dollar plus industry as indicated in Table 2.
The increase between 1985 and 1986 is attributable to a great
r
extent to the expansion of the domestic bottomfishery. These
-_-
years, again, represent peak harvests for a thirty year
-
period. Regional data may be found in Table A2. Breakdowns
f.
on the value of harvests and production accruing to
non-residents of the state are not quickly available.
Table 2
Wholesale Value of Commercial Fishery
(millions of nominal dollars)
Year Wholesale Value
1984- 1,044.-4 •
1985 1,117.8
1986- - - 1,600.0----
source: ADFG, 2 87
0
rJ
Senator Hensley
April 15, 1967
Page 3
Seafood products comprise a great portion of Alaska's exports
to foreign countries, principally Pacific Rim nations. in
1986 seafood exports were valued at $506 million, or 39t of
total foreign exports of about $1.29 billion. The next
largest category of exports was petroleum products
(principally liquified natural gas to Japan) which totalled
about $300 million, or 23% of exports. As the bottomfishery
expands and the dollar !ails, exports t%.«nd to increase.
Alaska's gross state product (GSP), as defined by ISER
(4/74), is "the total market value of all goods and services
produced in the state for a given period". This is roughly
eQuivalent to the GNP, or gross national product, as tallied
by the federal government. ISER calculations, which are
based on V.B. Census data, do not isolate the fisheries
sector nor do they identify resident and non-resident
elements (this is not possible with Census data). The
harvesting component is included in the Agriculture,
Forestry, and Fisheries sector, which obviously will include
a small, but. not insignificant, forestry !actor, while
seafood processing is subsumed under the Food and Rindred
Manufacturing sector, to which it contributes virtually all
of the total. These two sectors represented between 2.5% and
3% of GSP for the years 1982 to 1984. Since 1984, however,
the products of many of the major segments of the Alaskan
economy, such as petroleum (44% of 1984 GSP), construction
(5.48), and government (10974), have declined, while the
fisheries product has increased. The fisheries portion of
GSP is certainly much larger today than it was in 1984.
IT, Fisheries EmYIMMent and Income
Fisheries employment is characterized by seasonal
fluctuations that reflect the harvest cycles. G►arirg peak
employment periods approximately three times as many people
are employed as the number year round. For example, in 1963
peak employment for fish harvesters was 61704 as opposed to
average annual employment of 2,100. The most recent data
available on employment and income is for the years 1982 -
1984. During that time Alaskans comprised approximately 75%
of the harvest employment and 478 of the processing
employment (IBER, 1987). Table 3 presents the distribution
of fisheries incomes and employment by region and as a
percentage cf total incomes and employment in the regions.
Appendix Table A3 presents the same information by region and
presents detailed statistics. Fishing is relatively more
important in some regions than in others, it was the
I
component of privately produced income in Western
Alaska,._!or- example.__ This information was developed from
estimates of the civilian labor fordo (Alaska Department of
Labor, 1986) .
i
I
- -F
Senator Hensley
April 15, 1967
Page 4
Table 3
Percent of Statewide Employment and Income for
Fish Harvesting and Processing by Region 1962-1984
Region Year Statewide
Regional
8 Private
Employment
Income/a
Income
Southeast
1984 12%
10%
na
1983 119
nn
na
1982 13%
na
na
Gulfccast
1984 238
19%
44%
1983 24%
na
na
1982 29%
na
na
Northern and Southwest
1984 29%
47%
98%
1983 32%
na
na
1982 308
na
na
1983 Statewide 62
7%
27%
Sources ISER, 1987.
Prepared by Rural Research Agency,
April 13, 1987
/a Includes all direct and indirect incomes
and induced
incomes generated by government and private industry.
/b Represents Southwest only,
fishing in
the Northern
Region is 2% of employment and 58
of income.
111, Taxes and other Public Revenue
The State of Alaska collects fisheries related revenues from
a variety of sources: fisheries business taxes, salmon
enhancement taxes, license and permit fees, and federal
funds, to specify a few. General fund contributions totalled
$43.4 million in FY 1986, about 1.5% of unrestricted revenues
for the year. This does not include fisheries portions of `
corporate income taxes and some other taxes. These
collections will probably remain about the same or rise
slightly in FY 1987, while total unrestricted revenues will
fall dramatically. At the FY 1986 level, fisheries@
contributions to the - General Fund would be --about- 2.-6 - of the - - -
FY 1987 total unrestricted revenues. An additional $3.9
1 ted t th Fi had Game
- -million in -federal funds -were-ded oa o e s n
Fund in FY 1986.
4
f,
- � i
L
Senator Hensley
April 15, 1987
Page 5
the Commercial Fisheries Industry
ems"
*V Capital Assets of
The capital assets of the commercial fish harvesting and
processing industry consists of two main types of property,,
boats and processing plants. Fishing boats licensed to
harvest in Alaska numbered nearly 15,000 in 1986, License
applicants are asked to indicate vessel value. According to
the Commercial Fisheries Entry Commission (CFEC, 4/22/87)0 of
,
the ll,562 resident vessels, 91039 reported a total value of
! _
$503,779,723 (latest reported value). If it is prudent to
assume that vessels with no reported value were, on average,
'
equal in value to those with reported values, then the value
of the resident fishing fleet was about $644,400,000. 2,449
non-resident vessels - had a reported totalvalue of
$463,635,8711 if the 633 unvalued boats were comparable in
worth, then the value of the non-resident fishing fleet would
j
have been about $621,300,000. The total value of the fleet
licensed to fish Alaskan waters in 1986 may have been nearly
$1.3 billion.
The value of the capital assets of the processing sector are
more difficult to accurately ascertain. Tender/packer and
i
freezer/canner vessel estimated values were also available
from the CFEC. Based on our assumptions in valuing fishing
i
vessels, the resident processor fleet of 270 in 1986 was
worth about $57,2500000 and the non-resident fleet of 205
i
about $175,200,000, for a total processing vessel value of
about $2300000,000. Total vessel values then were
j
approximately $1.5 billion. identifying the value of shore
based facilities was done with the assistance of municipal
q
ij
and borough assessors offices. State Statute, AS 29.45.110,
t
�
Table 4
I'
Land Based Seafood Processing Plant Values/a
f
Region Value
'r
Southeast $ 68,561*640
,
Gulfcoast 1241756,812
Northern 1,075,000
Anchorage/b 14,7020995
�
Other/c 40,000
STATEWIDE TOTAL $2090156,347
Source: Tax Assessors, 1987.
-/a- Land -and buildings, and-,- when available-,
machinery and inventory.
- - -
- /b- Plants may .process other --tools- also.
/c Excludes plants in Fairbanks.
L
L
L.
1
Senator Hensley
April 15, 1987
Page 6
i
requires assessments at lull and true value, however it was=
r"g
j
the opinion of private consultants that these assessments are
y
probably low (Waldner, pars. comm., 4/15/67). State assessor
Mike Worley believes the assessments range from 85% to 1008
of fair market value. Unavailability of data on plants in
the unorganized borough understates statewide values. We did
not obtain values for processing plants in areas such as
��
Chignik, Fortuna Ledge, and King Cove. Approximately 27 ;
plants of the 200 in the DEC list were not included.
other assets are integral elements of the commercial fishing
economy: two significant ones are hatcheries and limited
permits. Since most of the hatcheries are non-profit, they
- a
are not assessed for taxation purposes; however, the current i
--
j
volume of fishery enhancement loans is $52,619,800. Although
'
not a capital asset, entry permits are an essential item for
the large portion of the harvesting sector to which entry is }
limited. Salmon and herring fisheries, at present, are
limited. Entry permits have become valuable commodities over
the decade of enforcement of limited entry. 1987 values for 1
_-
permits, which differ by gear type, species, and location,
ranged from $17,000 for a Kodiak herring gill net permit to
$240,000 for a Southeast herring aging permit and from $5,500 !
for a Southeast salmon hand troll pagmit to $315,667 for a ;
i
Chignik salmon purse seine permit (Kurt, pars. comm.
r-
4/15/87). The overall value of all 12,509 permanent permits 1
in 1983, assuming that all were comparable in worth to the
-
mean value of transferred permits was about $5800000,000.
fi
About 20% of permits are owned by out of state residents.
;
,1
V. Commercial F gh-Ex vessel Price -Trends
You specifically asked for data on the trends of fish prices
in Alaska. We have provided some data on halibut and salawn,
but two elements constrain the usefulness of price data in
general in this area. First, no useful or comprehensive
_.
forecasts of future prices exist. The Department of Commerce
and Economic Development is attempting to develop a forecast,
but will not have it completed until sometime in summer of
1987. Second, historical price information is voluminous and
complex, with variations for each species of fish, ports and
-
date (even within seasons) of landing and, frequently, by the
type of gear utilize4o
We have calculated the average statewide price per pound of
the five salmon species over the period 1976 - 1985. The
graph, Ex -vassal Salmon Prices in Alaska, displays this data.
-"- - - ---- -' -
- --1Based - on the average value -of- -transferred permits - -
�.�,
during the latest quarter.
L
. ..._L_ __ .
C
iV UI KJ O
� O
C77 O Vt O (N1t
7
CD
CD
CEO
0
j
a
�
i
v
CD
L
`
OD
-f
4
t
�. -
i
- -
-(
?
w
o
_ 5
i
.• i7
Senator Hensley
April 15, 1967
Page 7
The data on a regional basis, please see Table A4, attached.
The graph indicates that no particular statewide price trend
„ 3 was apparent for the three higher priced species, while the
two less costly species have maintained comparatively stable,
although declining, prices per pound in nominal dollars,
which means that the actual decline in value, allowing for
inflation, was more significant than indicated. statewide
average prices per pound for halibut, in nominal dollars, are
displayed in Table 5. Again, predictable trends over time
are not readily evident. Price histories for bottomfish
species may be found in Table A5. Given the rapid recent
expansion and shift in species emphasis of this fishery,
analysis of price trends is a premature endeavor. For every
-- - -� fishery,- the primary determinants are supply, which has been
indifferent, to a great extent, to human manipulation, and
demand. If the population of a species suddenly and
unexpectedly collapses, as did that of the Alaskan King Crab
in the early 1980s, and demand remains high, prices will
climb. Conversely, high returns will dampen price levels,
j given stable demand. Botulism incidents will stifle demand.
Table 5
Ex -vessel Halibut prices in Alaska
(Statewide averages, $/lb.)
{
Year Price Year Price
�
1976 1.22 1981 1.01
I
1977 1.26 1982 .92
j
1978 1.83 1983 1.13
"
1979 2.36 1984 .70
1980 .95 1985 .89
}
1986 1.10
Sourest -- ernat one Pacific Halibut
i
Commission, 19641 ADFG, 2/87.
1
VI Subsistence and_Sgort Fisheries
Information on the economic values of the subsistence and
sport fisheries in Alaska is such less comprehensive than
that for commercial fisheries. No statewide data on sport
1
fisheries exists, although angler surveys and polls• of
_ _
seiabted guiding --and other--relevant--businesses--have been
" - -
undertaken periodically. ADFG has contracted for an in-depth
"- ------ - -- --.L -_ :
- study of the economics of- sport! ishing -in southcentral- - Alaska -
f
and the U.S. Fish and Wildlife service (USF'WS) has surveyed
1985 sportfishing expenditures. Both studies should
- ; '01
senator Hensley
April 18, 1987
Page 8
• contribute much to our understanding of the subject, but will
•
not be available until later this year. An earlier USFWS
survey of sportfishing expenditures estimated that total
expenditures on sportfishing in Alaska in 1980 were $57.2 }
million. ADFO claims that sportfishing effort (in terms of
angler days) increased 624 over the period 1977 to 1985. ;
The economic valuation of subsistence fisheries is
complicated significantly by its cultural, social and —_
nutritional uniqueness and importance. Most extant measures
of the economic values of subsistence fisheries concentrate
on the replacement food value of such resource use. The
validity of such measures are questionable, but can serve
---- -
illustrative - -
purposes. Although data on subsistence
consumption of fish is incomplete, ADFGIs Subsistence
Division has estimated that annual consumption is
approximately 26,360,000 pounds (Schroeder, letter, 4/14/87),
They have set the range of the replacement food costs of
subsistence foods at from $3.O0 per pound to $6.00 per pound.
Based on these figures, the replacement food value of
J
subsistence fisheries is from $79,000,000 to $158,000,000. ;
Again, this value, even if accurate, does not reflect the
other economic and non -economic aspects of the subsistence
system. It is certain that as rural economies reflect the "
general slowing down of the state's economy, the subsistence
economy will become relatively more important as a segment of
the overall rural economy.
The fisheries economy in Alaska is the subject of much
scrutiny at present. Our broad review can only hint at the
complexity of the relevant issues as it expands into new
areas and achieves greater relative importance for the
overall economy of the state. Please let us know it you
- -
would like us to examine tae issue or any segment of it in i
further detail.
i
!.
1
Iti
� y
Senator Hensley
April 15, 1987
'
Page 9
•.i
Table Al
Ex -Vessel Value of Commercial
Fishery
(millions of nominal
dollars)
Region
Salmon
Shellfish
Halibut
Other*
Total
1904
Southeastern
79.9
11.4
na
11.8
103.1
Central
163.0
10.1
na
12.0
185.1
Western
86.0
72.6
na
17.6
185.1
AYK
14.1
--
na
1.6
15.7
TOTAL
343.0
102.9
24.9
43.0
513.9
1985
Southeastern
99.1
7.0
na
16.8
125.0
!
Central
208.2
9.0
na
23.1
240.3
f
Western
68.2
90.0•
na
23.1
181.2
AYK
14.2
.4
na
3.4
18.1
TOTAL
309.6
106.4
40.3
68.5
604.8
1986
Southeastern
80.0
9.0
na
na
na
Central
221.2
47.9
na
na
na
Western
90.3
128.7
na
na
na
t;
AYK
12.5
.8
na
na
na
TOTAL
404.0
186.4
63.2
236.4
890.0
Sourcet Department
of
Fish and Gamd, 4 86, 12/86, 2/87.
a
* 1984 and
1985 exclude joint venture and
domestic
annual
production bottomfish
landings. 1986
includes both.
Prepared by
Rural Research Agency,
4/13/67.
Table A2
Wholesale
Value of Commercial Fishery
..:
(millions of nominal dollars)
_
Region
1984
1985
1986
t Southeastern 201.4 241.7 na
Central 392.4 474.6 na
Western 414.5 365.7 na
.1. 35.7 na-- ---------------------- ---- AYK- _ ... 36 _
TOTAL 1,044.4 10117.8 1*600.0 i
s Source: Department of FLOW na -Game; -2 87. - - - -
Prepared by Rural Research Agency, 4/14/85
it
,,I
All,
W
N W W~
N N N
N N N
a
Nis
NNN
N£ A
•
V
N
O. W N
OO V V
N N N
I
Ogg
2"Zs
MIA
q
�
A
og g
yiG7(G�i
I!
M
y
64
A
E
1
8
8
N�uaat
r
j
Wavle A4
'
Ex -vessel S lmon Prices
Averages,
in AAlaska
$/lb)
(Statewide
•
Region
Chinook
Sockeye
Coho
Pink
Chum
19777g
T
STATE
gg
1.a2ga
.76
.9°s
.g3gS
.46p ,
_ 1979
STATE
1.50
1.18p
1.17
.40
.62
198Q
S'I,%TE
1.36
.6]
.779
39
423
8
48
198
SUTE
.8
.92
1981
STATE
1.51
1.16
.70
.60
.25
.32
198
STATE
1.71
.71
.96
.25
.35
1985
STATE
1.5
.9
.90
.24
.40
Regional Prices
- - 1976
1
Southe stern
.50
1.15
.80
1.15
.35
.60
Central
.51
.70
.50
.63
.43
.34
.30
.36
.30
1977western
Centralstern
1.19
.'85
1.52
.36
.49
Western
.82
.60
.63
.22
.38
1978
Sou heastern
1.95
1.34
1.22
3
.79
Western
1.72
1.76
458
.32
.39
19798outheastern
2.22
1.43
1.64
.31
Be.
Central
1.66
1.34
.9
.4
.24
1.03
1.04
.81
.33
.54
1980Western
Southe stern
1.89
.79
1.01
.38
.70
Westeerin
1.96
.57
.58
.32
.36
1981
CAentraistern
11.307
g
1.81
1.82
na
.44
.50
j
},
1.27
.75
.43
.49
Western
1.08
1982
Southeastern
1. 68
1.09
1.14
.2224
.50
ral
Western
1.12
.91
.74
.i8
.41
1983Southe stern
1 833
.81
.83
.69
.21g
37
.31
,.. .�;
Central
1.75
.66
.85
.53
.50
.24
.21
.30
1984Western
BCCouuthe stern
22.73
1.12
1.300
_
AYKt a
1.a9
.58
g
.68
g
.10
.31
Western
1.05
.93
.72
.25
.30
1985
Southe stern
2 8
1.32
1.06
.24
.44
j
trai
.92
.5833
.2773
.388
!,f
ACe
11.21
1.04
.80
.a3
.32
Western
1.18
--
l
_
Pre ared by aural Research_ Aggent 4
Souf ADFG, 1979 - 1966o i� fi ispr/
14/87.
-
oet
L
e
Table A5
d Bottomfish Prices
(0009 of The and nominal $)
Southeast
Central
Western
Price
Species
Catch
Value
Catch
Value
Catch
Value Per Lb.
1976
Sablefish
1759.1
667.8
.38
Rockfish
279.1
48.2
4.8
.9
.17
Other
896.5
206.9
726.9
166.2
.23
TOTAL
2934.7
922.9
731.7
167.1
.30
1977
Sablefish
1804.1
1109.2
3.4
2.2
4.3
1.4
.61
Rockfish
229.5
43.3
.8
.2
.19
Other
646.2
77.7
866.1
157.5
46.5
8.4
.16
TOTAL
2679.8
1230.2
870.4
159.9
50.8
9.8
.39
1978
Sablefish
2573.2
1608.7
2.4
1.3
.70
Rockfish
163.7
48.9
4.1
1.6
.27
Other
1767.6
314.5
2853.4
662.9
292.7
52.7
.21
TOTAL
4524.E
2172.2
2860.0
685.8
292.7
52.7
.38
1979
Sablefish
5004.0
4202.0
119.0
45.0
.83
Rockfish
476.0
137.0
12.0
5.0
48.0
15.0
.29
Other
339.0
75.0
567.0
154.0
60.0
26.0
.26
P. Cod
242.0
47.0
1926.0
394.0
1295.0
494.0
.27
Flounder/Sole
708.0
127.0
123.0
29.0
19
Lingcod
66.0
21.0
.32
Perch
12.0
2.0
218.0
26.0
.12
Pollock
1131.0
68.0
3344.0
372.0
.10
TOTAL
7978.0
4679.0
6309.0
1025.0
1403.0
535.0
.40
1980
Sablefish
3578.0
1399.0
62.0
28.0
4.0
2.0
.39
Rockfish
370.0
80.0
68.0
22.0
.23
Misc.
286.0
11.0
817.0
196.0
72.0
20.0
.19
P. Cod
173.0
51.0
1165.0
267.0
11462.0
1176.0
.12
Flounder
342.0
44.0
115.0
43.0
96.0
17.0
.19
Perch
Pollock
3.0
924.0
1.0
55.0
3.0
1064.0
1.0
77.0
266.0
16.0
.33
.07
TOTAL
5676.0
1641.0
3294.0
634.0
11900..0
1231.0
.17
tool
u
Sablefish
2808.0
1100.0
13.0
5.0
18.0
4.0
.39
Rockfish
498.0
149.0
250.0
17.0
115.0
7.0
7.0
3338590
1.0
5291.0 *
.35
.16
P.- -Cod -- -
Flounder/Sole
7.0.0
622.0
-21.0
108.0
-
75.0
9.0
- -93.0
- 1160
.16-
Perch
3.0
14.0
2.0
.12
Pollock
3, p
-
1754.0
- 123.E ---
.
Other
TOTAL
101.0
4099 0
21.0
1399.0
SIN
446.0•
24.0
160.0
477.0
35748.0
132.0
5564.0
.27
.18
ri
Table AS cont'd
Southeast
Central
Western
Price
Species
Catch
Value
Catch
Value
Catch
Value Per Lb.
1982
Sablefish
4235.0
3022.0
98.0
58.0
414.0
195.0
I
69
.43
Rockfish
548.0
241.0
22.0
6.0
15.0
..0
P. Cod
105.0
41.0
59.0
20.0
59469.0
9524.0
.16
Flounder/Sole
271.0
64.0
151.0
51.0
17.0
2.0
.21
Perch
25.0
5.0
.20
Pollock
58.0
14.0
1.0
5253.0
337.0
.07
Other
91.0
26.0
66.0
27.0
76.0
26.0
.34
TOTAL
5308.0
3408.0
397.0
162.0
65269.0
10098.0
.19
1963
Sablefish
5235.0
2652.0
311.0
123.0
582.0
209.0
I
.52
Rockfish
877.0
389.0
19.0
5.0
30.0
6.0
.43
P. Cod
40.0
15.0
22.0
5.0
10053590
13918.0
.14
Flounder/Sole
549.0•
101.0
102.0
31.0
115.0
18.0
.20
Parch
16.0
2.0
32.0
5.0
.14
Pollock
3.0
1.0
2366.0
112.0
.05
Other
88.0
31.0
80.0
25.0
7349.0
58.0
!`
.02
TOTAL
6769.0
3388.0
555.0
192.0
111009.0
14326.0
.15
1984
-A
Sablefish
7169.0
4492.0
3178.0
1465.0
8254.0
2962.0
.48
Rockfish
1886.0
816.0
84.0
32.0
253.0
45.0
.40 {
P. Cod
77.0
20.0
7.0
3.0
81356.0
10975.0
.14
Flounder/Sole
340.0
63.0
12.0
2.0
829.0
144.0
.18
Perch
7.0
3.0
3085.0
410.0
.13
Pollock
15665.0
909.0
.06
Other
232.0
94.0
13.0
6.0
97.0
26.0
.37 i
Total
9711.0
5488.0
3294.0
1508.0
109539.0
15471.0
.18
•,
1985
Sablefish
7112.0
6822.0
3031.0
2897.0
12090.0
10200.0
.90
Rockfish
2641.0
1015.0
1465.0
604.0
619.0
136.0
.37
P. Cod
188.0
61.0
23.0
4.0
65375.0
6585.0
.10
Flounder/Sole
408.0
70.0
151.0
23.0
593.0
73.0
.14
i
Perch
338.0
32.0
34.0
3.0
3233.0
414.0
.12
�-
Pollock
1.0
17.0
1.0
50599.0
2137.0
.04
I:
Other
161.0
63.0
12.0
7.0
1570.0
330.0
.23
- -
TOTAL
10649.0
8063.0
4733.0
3539.0
134079.0
19875.0
.21
i
i
Sources ADFG, 1976 - 1986, 2/1987.
Notes No bottomfish catch in AYK region
until negligible
amount in
1985.
Prepared by RM. 4/21/87. isgfpr
_ t
t -
.:I
d
i
1;,
t
f.
�t
FRANK H. MURKOWSKI
�r
ALA6NA
CQAIRSM K
rniuwr wrNa ni.N�uNo raawt
lantted ostates
a+ Nni V[N�UI. wr`�s mor
IN NOT AND gATYRAt 11411= NN
osmate
WASHINGTON, DC 20510
(loll 45643" i
JUNw a
rowoNllunoN�
p031 l3N9n
us I-0/1tIAl wlo rp
NIOWMrrY11
April 30, 1987
son /N7,"son '
po>,uwloo
„ 9wam
f
-" The Honorable John WilliamsMa
f, '
Cityrof Kenai
210 Fidalgo
Kenai, Alaska 99611 `
Dear John:
Thank you for providing me with a copy of your letter to Ted
Stevens concerning the proposal for a new Air Guard Wing for
Kenai.
I hope you'll continue to keep me informed of your
discussions with General Schaeffer and others as the idea is
further developed and pursued. Inasmuch as Ted Stevens is the
ranking minority member of the Defense Appropriations
Subcommittee, he is in a position to provide you with the most
assistance. Of course, I will stand ready to assist Ted in any
way that I can.
Best of look in this endeavor on behalf of the City of
Kenai. Sincerely,
Frank H. Murkowski
United testes Senator
"
DEPT.OF ENVIRONMENT
SOUTHCENTRAL REGIONAL OFFICE
437 "E" STREET, SUITE 200
ANCHORAGE, ALASKA 99501
kLkSKA
STE, F / d
AL CONSERVATION
274-2533
i
May 11, 1987
The Honorable Tom Wagoner
N. ♦ :1
Mayor City of Kenai
210 Fi dal go Kenai, AK 99611
Dear Mayor Wagoner:
RE: Carlson Enterprises
8723-OB004
The Department of Environmental Conservation has received an application
for a Wastewater Disposal Permit, from Carlson Enterprises for the dispo-
sal of seafood processing wastewater in a septic system to be located at
Kenai, Alaska. A copy of this application is enclosed for your review
and comment.
Me request that you and your staff review the application and submit your
comments to the Southcentral Regional Office, 437 "E" Street, Suite 200,
Anchorage, Alaska 99501, within 34 days from the date of this letter,
so that they may be given full consideration in our review process -
Request for additional information must be received within 25 days from
the date of this letter. Should you have any questions regarding this I
matter, please contact Julie Howe, at the above address, or telephone
274-2533.
i
Thank you for your consideration in this matter -
Sincerely, 4
Bill H. Lamoreaux i
Regional Supervl or
i
1
i
i
L
PUBLIC NOTICE
STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
An application for a Wastewater Disposal Permit, under -Alaska Statutes
46.03, has been received by the Department of Environmental Conservation.
The details are as follows:
Applicant: Carlson Enterprises
P.O. Box 1113
Kenai, AK 99611
Proposed Activity: The discharge of a maximum of 2,450
gallons/day of seafood processing waste-
water to a septic system.
Location of Activity: 53235 Lindgren Ln. Kenai, Alaska.
This Activity is Identified as 8723-08004
M
I I
f
a Dated at Anchorage, Alaska on .� /�, �qi�'� _ _—•
s.
B amoreaux
Regional Supervlso
d
_ _4
k
t
I
Any person wishing to presbnt comments regarding this application may do
so by writing to the Department of Environmental Conservation, South-
central Regional Office, 437 "E" Street, Suite 200, Anchorage, Alaska
99501, (907) 274-2533, within 30 days of publication of this notice. A
copy of the application may be obtained by writing to the above address.
The'Department will hold a public hearing on the permit application if
It determines that good cause exists. Residents in the affected area or
the governing body of an affected municipality may request a public
hearing by writing to the Department of Environmental Conservation, at
the above address, within 30 days of publication of this notice.
1
j# f # # # f A A # f f f # # A • A # ► #
i
(--?LEASE ANSWER ALL QUESTIONS. PLEASE INCLUDE MAPS OR PLAN DRAWINGS WITH YOUR PACKET. AN
'INCOMPLETE QUESTIONNAIRE MAY BE RETURNED AND WILL DELAY THE REVIEW OF YOUR PROJECT.
PART A
Applicant: Darius 1 ar 9e1Lon Cad spki Contact Person: 3,2 ig e-
Address: PD nX 1114 Address:
i
_ fie ►ia..i _ Alt, 91 k 1
Phone (day): S'3•fa l bil r r 162• MY Phone (day):
` 1
- Brief uescription of project or activity, including associated facilities
r
i
■ v
Starting date for projectEnding date for project
i
Location of•Project (include nearest community
� ity or identifiable land or water body):
Meridian seu.crdfownship J Range i1t.) Section .r Aliquot Parts _ USGS Map ELLS i
C.�)s the project on: private landstate land federal land_
municipal land ownership not known
Identify which region of the State the project is in (see attached map):
northernsouthcentral southeast_
PART 8
Yes No
1. Do you currently have any State or federal approvals/permits for
this project? If yes, please list below.
Permit/Approval-Type Permit/Approval M Expiration Date
am
2. WiII you be placing structures, or placing fills io-any of -the _ -
following: tidal waters, streams, lakes, wetlands?
If you are uncertain whether your proposed project area is in a wetland, contact the
Corps of Engineers, Regulatory Branch at (907) 753-2720 for a wetlands determination. '
If you are outside the Anchorage area call toll free 1-800-478-2712.
- 2 - �I
J
L
If yes, have you applied for or do you intend to apply for a U.S. Yes
No
Army Corps of Engineers (COE) permit? (The COE has jurisdiction "—
over activities described above.) Please indicate in Question No. 3
below. when you applied to the COE or when you intend to apply.
i
3.
Have you applied or do you intend to apply for other permits from
4
any federal agency? If yes, list below.
Date you submitted or
Agency Per, mit/A,pproval Type plan to submit application
1
i."�I
PA_ DEPARTMENT OF NATURAL RESOURCES
+
1.
Is the proposed project on State-owned land or will you need to cross
x_.
- -
State lands for access? (Note: In addition to State owned uplands,
the State has jurisdiction over most lands below the ordinary high water
-
line of streams, rivers, lakes, and line of mean high tide of the tidelands
'
seaward for three miles.)
1
!-
t
2.
Is any portion of your project placed below the ordinary high water
A.
Y
line of a stream, river, lake or other water body?
s
3.
Will you be dredging?
If yes, location of dredging:
i
Meridian (M)_ Township (T)Range (R) Section (Sec)__
;
- =
Location of disposal site for dredged material:
M T R
4.
Will you be filling with rock, sand or gravel?
X
If yes, amount?
-r
Location of source: M T _ R Sec
-
Location of area to be filled: M T R _ Sec,_
S.
Do you plan to use any of the following state-owned resources?
,.... ,.; .
Timber
If yes, amount?
1;
Location of source: M T R Sec
4
-3-
�
1
Yes
No
Other Materials
-
If yes, what material?
peat, u ng stone, silt, overbur en, etc.)
Location of source: M_ TRSec,_,__
7rwo
6. Are you planning to use any water ? -Xx-
--"—
If yes, amount?
Source? u1elI 04 MIA avC�K9tf�b�d
7. will you be building or altering a dam?
—�--
"
8. Oo you plan to driII a geothermal we11?
—�-
9. Will you be exploring for or extracting coal? --
=�—
10. Will you be exploring for or extracting minerals on state-owned land?
11. Will you be exploring for or extracting oil and gas on state-owned land?
12. Will you be harvesting timber from 10 or more acres? --
�—
" Will you be investigating or removing historic or archeological _
..L.
'
resources on State-owned lands?
{
14. Will the project be located in a unit of the State Park System
(including the Kenai River Special Management Area State Recreation
�-
Areas, State Historic Sites, State Preserves, etc.?
IF YOU CORRECTLY ANSWERED NO TO ALL THESE QUESTIONS, YOU DO NOT NEED APPROVAL
NATURAL RESOURCES (DNR). GO TO PART D.
"
FROM THC ALASKA DEPART14ENT-UF
IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS, CONTACT ONR TO IDENTIFY AND OBTAIN ANY
NECESSARY APPLicVTON FORMS.
i
eady contacted submitting application(S)
If you have alrONR, are you now
list ONR approvals for which you are now
for permits or approvals? If yes,
applying:azadirL
Have you paid the filing fees required for the ONR permits?
If you are not applying for permits, indicate the reason below:
(ONR contact) told me on ft ff (date)
a. at n n uNRapprovals or.permits were required fort s project.
----- --- - - ---- -
- b. Other..- _ -- -- - - - -
- - -- --- --- .. --._----------....---
f ,
4 -
t
L
PART D DEPARTMENT OF FISH AND GAME Yes
1.
Will you be working in a stream, river, or lake (this includes running
'—"
_w�
water or on iCe, within the activ'e�Toodpla�on islands, the face
of the banks, Or the stream tideflats down to mean low tide)?_
Name of stream or river Name of lake
If no, go to question number 3.�
`t
2.
If yes, will you be doing any of the following:
t
a) Building of a dam, river training structure or instream impoundment?
b) Using the water?
c) Diverting or altering the natural channel stream?
d) Blocking or damning the stream (temporarily or permanently)?
e) Changing the flow of the water or changing the bed?
f) Pumping water out of the stream or lake?
g) Introducing silt, gravel, rock, petroleum products, debris,
chemicals, or wastes of any type into the water?
h) Using the stream as a road (even when frozen), or crossing
the stream with tracked or wheeled vehicles, log -dragging
or excavation equipment (backhoes, bulldozers, etc.)?
i) Altering or stabilizing the banks?
j) Mining or digging in the beds or banks?
k) Using explosives?
1) Building a bridge (including an ice bridge)?
m) Installing a culvert or other drainage structure?
73' i
n) Constructing a weir?
3.
Is your project located in a State Game Refuge, Critical Habitat Area,
_.
or State Game Sanctuary?
4.
Does your project include the construction and operation of a
A_
`
salmon hatchery?
S.
Does your project affect or is it related to a previously permitted
f
X -
salmon hatchery?
IF YOU CORRECTLY ANSWERED NO TO ALL THESE QUESTIONS YOU 00 NOT NEED A
- 5
PERMi7
FROM- THE ALASKA DEPARTMENT OF FISH AND GAME-JOFG). GO -TO PART- E.
IF
YOU ANSWERED YES TO QUESTIONS 1-3, CONTACT THE REGIONAL HABITAT
DIVISION OFFICE Td"IDENTIFY AND OBTAIN ANY NECESSARY APPLICATION FORMS.
-5-
. t
IF YOU ANSWERED YES TO QUESTIONS 4.5, CONTACT THE PRIVATE NONPROFIT
HATCHERY OFFICE AT F.R.E.D. DIVISION HEADQUARTERS TO OBTAIN INFORMATION
AND ANY NECESSARY APPLICATION FORMS.
` If you have already contacted DFG, are you now submitting an application
for permit(s)? If yes, list DFG approvals for which you are now applying:
Yes No
t
i
If you are not applying for permits, indicate the reason below:
a. (DFG contact) told me on (date)
at no DF6 approves or permits were required for this project.
b. Other.
PART F DEPARTMENT OF ENVIRONMENTAL CONSERVATION
1. Will a discharge of wastewater from industrial or commercial operations Y,-
occur?
2. Will your project generate air emissions from the fQllowing:
a) Diesel generators totaling more than 10,000 hp? X
b) Other fossil fuel -fired electric enerator furnace or boiler
totaling greater than 10,000 hp, or 9,000kw, or 100,000,000 btu/hr? r —�
c) Asphalt plant? X
n d) Incinerator burning more than 1000 lbs. per hour?
e) Industrial process? x
.t
3. Will a drinking water supply be developed that serves more than a
j single-family residence?
4. Will you be processing seafood?_
f 5. Will food service be provided to the public or workers? '
- 6. Will the project result in dredging or disposal of fill in wetlands or x'
placement of a structure in waterways? (Note: If you are applying to
the Corps of Engineers for a permit for this activity, the Corps wilt
automatically request certification from DEC.)
r; ?. Is on -tot sewage or greywater disposal involved or necessary?
L.
r: S. WiII your project result in the development of a currently unpermitted
facility for the disposal of domestic or industrial solid waste?
�. Will your project require offshore drilling or vessel transport of oil, X
or other petroleum products as cargo, or include onshore facilities
with an effective storage capacity of greater than 10,000 barrels of
J; such products?
L
1
0
a
Yes No_
10. Will your project require the application of oil or pesticides to the
surface of the land?
IF YOU CORRECTLY ANSWERED NO TO ALL THESE QUESTIONS, YOU 00 NOT NEED A PERMIT
OR OTHER APPROVAL FROM_THE-7i1.ASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DEC).
GO TO PART F.
IF YOU ANSWERED YES TO ANY OF THESE QUESTIONS (SEE CLARIFYING NOTE IN NO. 6, ABOVE) ,
CONTACT THE DEC MIONAL OFFICE TO IDENTIFY AND OBTAIN ANY NECESSARY APPLICATION FORMS.
If you have already contacted the Alaska Department of Environmental
Conservation, are you now submitting an application for permit(s)?
If yes, list the permits for which you are now applying:
W1157a,fda" y; S�fie S�s�M,� OCo+1t• '. �t'a,PT� CO P IV-P
T
If you are not applying for permits, indicate the reason below:
a. (DEC contact) told me on (date) i
that no DEC approve s or permits were required for this project.
b. Other.
PAI
To the best of y knowledge, t sin rmat 6n is accurate and complete.
Signed4.
;�/// " ate �
TO COMPLETE YOUR PACKET, PLEASE ATTACH YOUR STATE PERMIT APPLICATIONS AND COPIES OF YOUR FEDERA
APPLICATIONS TO THIS QUESTIONNAIRE. PLEASE SUBMIT YOUR PACKET AS INDICATED ON PAGE ONE.
cp questionnaire/PERMIT
1
{
.• 1
STATE OF ALASKA
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
APPLICATION FOR WASTEWATER DISPOSAL PERMIT
In accordance with Alaska Statutes, Title 46, "Water. Air, and Environ.
mental Conservation". Chapter 03, Section 46.03.100, and rules and regu-
lations promulgated thereunder, the following application is made:
A. - Oo��us D� or. elet? C • IS04
name or applicant)
e. P.o. 19cK i►i3 Kevtaj* AK. Ite-a sU .. 1, / 6Lrj 26.2—/79/w
address and phone number of applicant)
C. TYPE OF INDUSTRY/OPERATION: FAI1 Prz aessLigg _
0. LOCATION OF WASTE DISCHARGING FACILITY:
General: 5 3 2 3f lindt i-to /Pd Pdor
Legal : Se ward M T .3 Al Iq 12 Lt! &1C.A.
E. LOCATION OF 'WASTE OISCHARGING POINT(S):
- � A
Legal: Seward M. T. *52W See '
DOMESTIC INDUSTRIAL
F. WASTE DISCHARGE VOLUME: WASTEWATER WASTEWATER COOLING WATER
I
Maximum (gallons/day) _`j, gd Otao ya
Daily Average
(gallons/day): A4, t4..-_ ys D
G. RAW WATER SUPPLY: Source: i4',e LI Volume: /e4 y�, 00 gal lons/day
H. NAME OF RECEIVING WATER/TYPE OF RECEIVING AREA:
V
0-1
1
APPLICATION FOR WASTEWATER 01SPOSAL PERMIT
Page 2
I. DESCRIPTION OF SOURCES:
Give a detailed description of the sources of all industrial/domestic
wastes within your facility. Include a schematic flow diagram showing
the sources of all wastes and their flow pattern. Submit this informa-
tion with your application as Exhibit 1.
J. WASTEWATER TREATMENT:
Describe waste treatment practices used on this discharge with a brief
narrative. (i.e. primary, secondary, cooling, oil/water separator, etc.)
Include the disposal method for any sludge generated by the treatment
system. Submit this information with your application as Exhibit 2.
T K. CHARACTERISTICS OF WASTE FLOW: Describe in detail the chemical and physi-
cal properties or the effluent to be discharged to State waters (includ -
ing but not limited to temperature, pH, dissolved oxygen, color, total
dissolved solids, suspended solids, BOOS, COD, oils, phenols, metals,
chlorinated hydrocarbons, biocides, total hydrocarbons, total aromatic ;
hydrocarbons, alkalinity, etc.) Also include a description of sampling
and analytic methods used to derive this information. Submit this
information with your application as Exhibit 3.
L. PLANT OPERATION: Days per Year
I ;
Average: Maximum: .3(p
fi
1
'1
M. RAW MATERIAL AND CHEMICALS USED IN PROCESSES: I
c., rand Name Chemical, Scientific or Quantity Used per Day*
Actual Name Average Maximum
' } -sr_a` enir;r�, 'yti� LttKc
L
0
APPLICATION FOR aASTEWATER DISPOSAL PERMIT Page 3
N. PRODUCTION: Quantity Produced per Day•
item Average Maximum
Sad riled .¢'^ D . ,„'
i
- Please specify units. For example: Tons per day. pounds per day,
barrels per day. etc.
0. SEASONAL VARIATION:
Explain any seasonal variation in waste discharge volumes, plant opera-
tions, raw materials, and chemicals used in processes, and/or production.
�,,,,,,�,....,., t9,?�C"GGd.Q.L►��•a te•K.Q.0 .�G G�e-N..t.. l,1%6yt-t•+t.e'.I ,dd�i`Lc'LL_
P. SYSTEM PLAN APPROVAL:
Submit engineering plans for systems mot previc.sly approved by the De-
partment as Exhibit 4.
f Q. ADDITIONAL INFORMATION:
Include any additional information or comments as necessary to clarify
this application as Exhibit 5.
I
•
u
U
r
3�
The information given on this application is complete and accurate to
the best of my knowledge.
t
1
I
111
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a:
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,�-�
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I
PURCHASE ORDER
CITY KENAI
QF
HITE • VENDOR 210 FIDALGO ST. PHONE 283.7636
ANARY - ACCOUNT NGING KENAI, ALASKA 99611
BLUE • SHIPPING & RECEIVING
KEEN • APPROVED COPY
PINK • REQUISITIONER
VENDOR NO.
ILLIPS SCALE COMPANY INC. Ordered by^rn
934 ELLIOT AVE. WEST Date .S- ze-
TO SEATTLE, WA 98119 Contact
(206) 284"-6090 Phone
(ANCHORAGE 344-2134)
ATTN: JIM RICE - GENERAL MANAGER
L ELMER OLSON - SALES ENGINEER
SHIP VIA: BY
N•a
THIS COt1IV C T
NUMB '5'/ad
ALL PI
RHATI
CHASE
No.
cm,. 5/20/8T
Iive"OAit
PREPAY SHIPPING CHARGE
T SEPARATE ON INVOICE
,Ot
PIQOUOIAIION
PURCHASES AUTHORIZED ONLY WHEN SIGNED
THE FINANCE DIRECTOR OR HIS AUTHORIZED
ABOVE By
AGENT
ITEMNO.
-
DESCRIPTION OR ARTICLE
O11V1°IT
OQDttFp
UNIT
UNIT PRICE
AMOUNT
BATTERY AND 1 CHARGER.
■
CAPACITY: 5,000 LBS X 1 LB
FEATURES: WATER TIGHT APPROVED FOR
FISHING INDUSTRY
HEAVY DUTY ALUMINUM CASE
$2,675.0(
BATTERY FOR ABOVE
1
i
$95.00
$ 95.0(
OB KENAI, ALASKA
IXTRA
PHILLIP SCALE CO. IN ANCHORAGE WILL SET IT
P & CALIBRATE IT. THEY WILL ALSO HAVE IT
PPROVED AND SEALED BY STATE OF ALASKA
EIGHTS & MEASURERS.
STATEMENT BELOW READ OR MAILED TO VENDOR.
$L__PO is for all cost & freight to Kenai
Freight for this PO is on PO N
NO ADDITIONAL COSTS WILL BE PAID WITHOUT
AUTHORIZATION & NEW PO PRIOR TO DELIVERY.
TOTAL
52,770.8
DEPARTMENT DOCK
$2,77).0
206-"49000-8098
�
.. .
. __..By
- -- - - -
-
fUR COUNCIL MF.f.TIi1G`5�
Of-1/
Lj Cuy raj,• -(,J �a,.•,y
1/
bllo 1"AIMf
, -.�-1 L;,y
ONQinai To-� Suiin.d! o :yw 1
4f.
:1W1Yv.. � W�ft ■ A ._ _ .
�.
u PURCHASE ORDER
CITY OF KENAI --�" -- -
THIS P; CbUNL tL
FANARA
fR
DOR it
c
..ACCOUNTING 210 FIDALQO ST. PHONE 2$3.7538 REI.� Nc /ao /g7
COUNTING KENAI, ALASKA 99611 CHASENG 8 RECEIVIN NO.OVED COPYSITIONER pale 5/20/87 i
VENDOR NO.
fnMUSTRIAL BOILER & Ordered by,_,�_ r
CONTROLS Date • �- mil
TO 106 E. DOWLING, SUITE B Contact,_________._
ANCHORAGE, AK 99502 Phone
(907)562-2827
ATTN: HARVEY OR ROLAND
- SHIP VIA: BY ..
tutor pAlt PREPAY SHIPPING •CHARGE , u e of Ut1p1A1i N PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE fly{
SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT
ototieti UNIT UNIT PRICE AMOUNT
ItEMNO. DESCRIPTION OR ARTICLE
Q
DAYTON HOT HIGH PRESSURE WASHER
CATALOG PAGE 638 - FIG. 8) STOCK_j13Z663
2.9 GPM, goo PSI; CHEMICAL INACTION
PORTABLE GEAR WITH HOSE RACK; 1K HP;
115 VOLT; 20 AMP; FUEL OIL; WITH 3/81'
X 30' HOSE PLUS AN EXTRA 3/811 X 25' OF
HOSE WITH$ COUPLING FOR AN OVERALL $1,925.00
HOSE LENGTH OF 55 FEET
DAYTON COMBINATION STEAM CLEANER/PRESSURE
WASHER (CATALOG PAGE 639-FIG.A) ST0(Z"5Z-21
60 GPH STEAM; 120 GPH PRESSURE; 500 PSI;
W/CHEMICAL INJECTION; 3/811 X 30' HOSE;
PORTABLE GEAR; 3/4 H.P.; 115 VOLT; 16.5 Pi 1$1,650.00
FUEL -OIL
AYTON (CATALOG PG 635) BIODEGRADABLE CLEANE CHE CALS
STOCK NO. SW134 - 5 GAL LIQUID CHEMICAL 2 a 28.50 $ 57.00
STOCK NO. 5W135 - 5 GAL LIQUID DEGREASER 2 B 36.50 $ 73.00
" FOB KENAI, ALASKA
S ATEMENT BELOW READ OR MAILED TO VENDOR.
„ PO in for all cost & freight to Kenai
Freight for this PO io on PO M
NO ADDITIONAL COSTS WILL BE PAID WITHOUT i
AUTHORIZATION & NEW PO PRIOR TO DELIVERY. _ TOTAL $3,705.00
DEPARTMENTUNT
-
• s
06-49000-8098 $ 1,990. 0 By —
I aouIMRTHtW
10-43610.8064 $ 1,715. 0 !$,)
FOR COUNGt4 N1EL1166 Oi
=---- ---- ------ - Atiornel .... . . . - - - --
A-WpuWie Works ----- Lj City WIN
c,1ti -s
arlginal T -- $ubmit�e
I
- Condit OK UNo uYH
} PURCHASE ORDER N'
' CITY OF KENAI THIS COUOV
MITE •VENDOR 210 FIDALOO ST. PHONE 283.7638 Auv. s%ao /B7
LDENROD • ACCOUNTING RELATI
NARY - ACCOUNTING KENAI, ALASKA 99811 CHASE.
BLUE • SHIPPING& RECEIVING NO. -
REEN • APPROVED COPY
PINK • REQUISITIONER paea 5/20/$7
tiOF VENDOR NO.
F IbLIPS SCALE COMPAVv INC. Ordered by KKn
f 934 ELLIOT AVE. WEST Date x5z 29
TO SEATTLE, WA 98119 Contact________
(206)284-6090 Phone
(ANCHORAGE 344-2134)
ATTN: JIM RICE - GENERAL MANAGER
L ELMER OLSON - SALES ENGINEER J
{
- - � SHIP VIA: BY
j otuvtL.oATe c o e Pt,quoTATION PURCI4ASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY
• SEPARA EHON INVOICE IPPING CHARGE
THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENTPREPAY SI
QUANTITY
ITEMNO. UNIT UNIT PRICE AMOUNT
DESCRIPTION OR ARTICLE ORUtt
! BATTERY AND 1 CHARGER.
CAPACITY: 5,000 LBS X 1 LB
- FEATURES: WATER TIGHT APPROVED FOR
FISHING INDUSTRY
HEAVY DUTY ALUMINUM CASE $2,675.00
TRA BATTERY FOR ABOVE 1 0 $95.00 $ 95.00
OB KENAI, ALASKA
HILLIP SCALE CO. IN ANCHORAGE WILL SET IT
P & CALIBRATE IT. THEY WILL Al-60 HAVE IT
PPROVED AND SEALED BY STATE OF ALASKA
EIGHTS & MEASURERS.
STATEMENT BELOW READ OR MAILED TO VENDOR.
.� $_PO in for all cost & freiaht to Kenai �
!r ..,Freight for this PO is an PO M
I NO ADDITIONAL COSTS WILL BE PAID WITHOUT
1� AUTHORIZATION & NEW PO PRIOR TO DELIVERY. TOTA=$2,770.80
j
C1 ACCOUNT NU AMOUNT I
DEPARTMENT DOCK
206-49000-8098 $2,77 .0
_.__..__._...—'-----------'---- _— ,1I. • --- - - .. .. - -- -- - - - - - - -. _. - - _.09FASTAUNT Him
- - - - - -
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C.
Suggested By: Administration
CITY OF KENAI
ORDINANCE 1211-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1,
1987, AND ENDING JUNE 30, 1988.
WHEREAS, it is a requirement of the Code of the City of Kenai,
Alaska, that the City Council, not later than the tenth day of
June, adopt a budget for the following fiscal year and make
appropriation of the monies needed therefor.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Section-1:
That certain document entitled "City of Kenai 1987-88 Annual
Budget" which is available for examination by the public in the
Office of the City Clerk and is incorporated herein by reference,
-
is hereby adopted as the budget for the City of Kenai for the
fiscal year commencing July 1, 1987 and ending June 30, 1988.
Section 2:
The following sums of money are hereby appropriated for the
operations of the City of Kenai for the fiscal year commencing on
t`
the first day of July, 1987, and ending the 30th day of June,
1988, to be expended consistent with and subject to the
j
restrictions, procedures, and purposes set forth in the Code of
the City of Kenai and to be expended substantially by line item
4
in the manner shown in the budget adopted by Section 1 hereof:
General Fund
Operating Budget $5,577,549
- - „•, :
Restricted Reserve - Capital
'
Improvements 200,006
-1-
$5,777,549
. AL -.
0"I
Boating Facility Fund
123,000
201,500
Airport Terminal Fund
685,000
Waiter and Sewer Fund
Fund
1,245,500
Airport Land System
841,877 '
Debt Service Funds
326,647
Senior Citizen Funds
PASSED BY THE COUNCIL OF THE
CITY OF KENAI, ALASKA, this third
day of June, 1!'87.
JOHN J. WILLIAMS, MAYOR
ATTEST:
l
_
Janet Whelan, City Clerk
First Reading: May 20, 1987
Second Reading: June 3, 1987
Effective Date: June 3, 1987
Approved by Finance:
(5/13/87)
(_
x
1
-2-
1
:a 1
t�.
F
MEXO TO: Kenai City Council
FROM: Charles A Brmm, Fiiwnce Director
!is 13 1987 o
RATS. y ,
SMWCT: 1987-80 Annual Budget
Attached to this memo is the ordinance to adopt
the 1987-88 Annual
"
Budget. Below is a recap of changes from the preliminary budget.
General Fund
Revenues:
Preliminary Revenues
$ 5,576,679
Increase in property taxes (to 2.7 mills)
60,000
Increase in sales tax
100,000
t
Increase in interest revenue _
67,125
Decrease in state revenue sharing
<50,000>
Increase in appropriation of fund balance
23,745
Final Revenues
1 5.7+ 77.
Expenditures:
Preliminary Expenditures
5,576,679
Increase in Economic Development (Transp.)
3,000 j
Increase in Non -Dept. (Brochure)
6,000
.
Increase in Library (Books)
5,000
s
Increase in Legislative (Lobbyist)
24,000
Increase in Legal (Salaries & Benefits)
5,870
`
Decrease in Legal (Professional Services)
< 5,000>
Increase in Streets (Dust Control)
33,000
Increase in Streets (Gravel & Misc.)
10,000
Increase in Streets (Sealcoat/overlay).
91,000
Increase in Street Lights (Repair & Maint.)
25,000
Increase in Recreation (Roof Repair)
3,800
Decrease in Recreation (Umpires)
< 000
Change in Library position title
0
Final Expenditures
1 S,7� 7,,5A9
_
Boating Facility
Expenditures:
Preliminary Expenditures
$ 123,000
Increase in Transportation
3,000
`
Decrease in Salaries and Benefits
< 3,983>
Increase in Contingency
983
Final Expenditures
1 1,3.000
Airport Terminal
r
Revenues:
Preliminary Revenues
$ 209,500
Decrease in Interest Revenue
<_1000>
!
Final Revenues
1i 0�1.5�00
enditures:
I
Preliminary Expenditures
$ 209,500
-->._.. - ------ - - -
-- - - Increase Communications - - -- -
- - 700 - - - - - - -�--
--
Decrease Interest Expense
< 7,125>
Decrease Contingency
� 5>
Final Expenditures
1 7-01,500
L_
1 r
l
Airport band System
Revenues:
Preliminary Revenues $ 1,231,000
Increase Interest Revenue 14,500
Final Revenues S 1.245 50U
Expenditures:
Preliminary Expenditures $ 1,231,000
Increase Admin., Transportation 8,000 ;, {
Increase Admin., Contingency 6.500
Final Expenditures..�.�.�
Debt Service
Preliminary $ 437,300
Add 1984/86 Refunding Debt 404,577
Final 31 841,877
The final budget document is being prepared and will be available
before, the public hearing.
® Suggested By: Administration
CITY Of KENAI
ORDINANCE 1212-97
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 23.30.O10(b) TO ALLOW EMPLOYMENT OF PERSONS WHO ARE
NOT UNITED STATES CITIZENS, BUT WHO ARE OTHERWISE ELIGIBLE TO
WORK.
WHEREAS, the Immigration Reform and Control Act of 1986 prohibits
_ employers from discriminating with regard to hiring non-U.S.
citizens who are authorized by the government to work in the
United States; and, )
WHEREAS, the City's per-sonal ordinances currently restrict
/ employment to only U.S. Citizens.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that KMC 23.30.010(b) be amended as follows:
23.30.010 General: (a) Recruitment and appointing
authority shall be vested in the City Manager.
(b) Applicants must be United States citizens or eligible
for employment under exiting State and Federal laws and
reculations in order to be employed by the City.
(c) Applicants for positions in the City service need not
reside within the City limits. Departmental Rules shall
establish response times required by that department.
(d) Minimum age for City employment shall be in accordance
with State of Alaska laws.
- (e) Employment of qualified, handicapped persons shall be
j encouraged.
(f) Employment rights for veterans shall be in accordance
with applicable State and Federal laws.
(g) Applicants must possess an appropriate valid Alaska
State Driver's License, should employment require operation of a
motor vehicle.
-y (h) Applicants must complete a City application form or
submit rprefersaceuiniappointmentdetail
shallequate
givenatoiqualified
1- - - - - -- -- - . ...
•, n'.� yt•T 1. T:+.'L�J%s .. rJ_-rt -- � •- �••M.iM1'LI:W� - .'
1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this third
day of June, 1987.
JOHN J. WILLIAMS, NAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: May 20, 1987
Second Reading: June 3, 1987
Effective Date: July 3, 1987
Approved by Finance: e U
(5/14/87)
r-
f's
PSuggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1213-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
THE OFFICIAL CITY OF KENAI ZONING NAP FOR TRACTS 0-1 THROUGH -D- ,
DENA,INA POINT ESTATES FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL+
COMMERCIAL (CG).
WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official
Zoning Map of the City of Kenai, and.
WHEREAS, the Official City of Kenai Zoning Map depicts lands described
as Tracts D-1 through D-7, Dena'Ina Point Estates as Suburban
Residential (RS), and
WHEREAS, the owner of the property has submitted a petition for the
rezoning of the described lands to the General Commercial (CG)
designation, and
WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980
designates this area to be Medium Density Residential, and
i
WHEREAS, the new commercial designation will not match the legal
description at time of filing, therefore the approval or disapproval
{ should bear the outlines as depicted in Exhibit B "Concept Map", and
I
WHEREAS, the Planning & Zoning Commission held a public hearing on
May 13, 1987 and as a result of that public hearing recommend to the
Kenai City Council and the Kenai Peninsula Borough the amendment of the
i� Official City of Kenai Zoning Map and the Land Use Plan to the General
a Commercial (CG) designation.
NOW, THEREFORE, CQ IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
- f ALASKA, as follows:
Section 1: Subject property consisting of those lands depicted in
Exhibits described as Tracts 0-1-through D-7, Dena'Ina Point Estates
are hereby rezoned to General Commercial at the time of filing a final
plat which will be outlined as in Exhibit B, Concept Map.
IN
PASSED BY THE COUNCIL OF THE. CITY OF KENAI, ALASKA thin 3rd day of
June, 1987.
ATTEST:
Janet Whelan, City Clerk
John J. Williams, Mayor
First Reading: May 20, 1987
Second Reading: June 3, 1987
L
CITY OF KENAI
1"0 FIDAWO KENAI, ALABKA M11
TELEPHONE 393 • 7535
MEMORANDUM
To: Mayor williams and Council Members
FROM: Planning & Zoning Commission
Janet Loper, Planning Specialist
SUBJECT: Ordinance 1213-87: Rezone Tracts D-1 through D-7, Dena'Ina
Point Estates - from RS to CG - Roberts/McLane
DATE: May 15, 1987
BACKGROUND
Applicant:
Sam McLane for Royce Roberts, owner
Box 468
Soldotna, Alaska 99669
Legal Description:
Tracts D-1 through D-7, Dena' Ina Point
Estates - portion of Section 36
Existing Zoning:
Suburban Residential (RS)
Proposed Zoning:
General commercial (CG)
Existing Land Use Plan:
Medium Density Residential
Proposed Land Use Plans
General Commercial
E ;
DISCUSSION
-
The Planning & Zoning Commission held two public hearings, one on April
-'
22nd, the second on May 13th.
Certified letters were sent of public
hearing were sent to the four
property owners within 3001. There were
f,
no comments from the public or those four property owners.
"
The proposed zoning amendment
entails a -redesign of the D tracts of
Dena'Ina Point Estates. The material before you does not represent a
preliminary plat, rather -it-is described as a "concept map': e -
replat will also be
described in the letter from McLanes, a vacation and
As -you -will note; the -rezoning regttesat. -is -far all. D _Tracts_
{
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necessary:
while the Concept Map shows a
separate &rea for residential development.
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7
ORDINANCE 1213-87
REZONE OF DENA'INA
Page 2
The Planning Commission, in a 4 to 3 vote, recommend approvIl of the
rezoning. The rezoning should be contingent upon the filing of a final
plat which would be similar to the "Concept Map". At that time, the
legal description will have changed and may return to you for that
amendment, however, you choose to handle it.
Attached are copies of pages from the current Comprehensive Plan for
your review.
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To better understand the significance of these projections and to
translate them into a Land Use Plan, it was necessary to evaluate the
existing level of commercial development related to the amount of land
I now zoned for commercial. At the present time there are two zoning
categories for commercial uses: Central Commercial and General
Commercial. The area zoned Central Commercial is located in the
business district around the intersection of Main and the Kenai Spur
Highway. There are approximately 25.3 acres now zoned for Central
Commercial. - General _Commercial zoning within the City represents
approximately 345 acres.ik This zone incorporates much of the existing
} business district and all of the commercial areas outside of the ventral
1 business area. Within these two zoning districts, approximately 117
t
i acres are now developed. From the comparison of how much land is now
zoned for commercial purposes and how much land is projected as needed
for future commercial purposes, one can see that there is an abundance
of land available for future growth.
The goals for commercial development within the City of Kenai have been
-i: derived from the Citizens Attitude Survey and from conversations with
City staff, Council and Commissions. They are outlined below:
1.
Encourage more intensive commercial development within the
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existing business district.
2.
Encourage neighborhood convenience -oriented uses in existing
commercial areas outside of the central business district.
4
3.
Discourage strip commercial development along highway, major
arterial and collector arterial right-of-ways.
4.
Limit expansion of commercial zoning outside the central
business district.
S.
Accommodate the need for auto -oriented commercial uses and
+:
general commercial uses which need highway orientation to
prosper.
-- -
-6.
Cowsider the growth -potentials of each -of Kenai's neighborhoods
In evaluating their needs for future commercial development.
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The intent of the first goal is more completely described in the special
section related to development in the business district. Basically, the
purpose of this goal is to discourage the further dispersal of
commercial development outside the central business district, thereby
encouraging a more concentrated commercial neighborhood within the
existing central business district. Many new commercial establishments
have been locating either outside the City limits in'the Borough or on
commercial sites along the Kenai Spur Highway. Many of these uses would
be more appropriately located in the central business district. The
General Commercial designation of the Comprehensive Plan expands the
commercial zoning within the business district in order to encourage a
better choice of properties and commercial expansion within the existing
business district. Generally, the commercial area of the existing
business district is defined by the Main Street Loop Road.
Commercial development outside the business district has been
r�
accommodated through two zoning categories - Neighborhood Business and _
General Commercial. The Neighborhood Business category accommodates
convenienoe-ortented and commercial land uses, such as neighborhood
grocery and drug stores, service stations, laundromats, etc. These
commercial land uses would be located within the neighborhood for ease
of access. The consultants strongly recommend that commercial land uses
outside the central business district be limited to areas that are now
zoned for that purpose. Expansion of commercial areas outside the
central business district would only encourage further development and
discourage a more concentrated central business district. Although the
proposed Land Use Plan recommends primarily neighborhood business -type
uses outside the central business district, the consultants realize the
need for some general commercial areas that would accommodate more
auto -oriented commercial uses such as automotive and trailer sales lots.
I
Finally, the commercial element of the Land Use Plan Considers the
r
growth each neighborhood and hae identified the need
-potentials --within
for some commercial zoning along the Kalifonsky Beach Road to serve the
}
South Kenai neighborhood.—
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7. Strengthen residnatial =Lqhborhoo4s. by better control over the
development of different densities o ousing in neighborhoods. The city
should:
a. Establish a Low Density land use category (to 2 dwelling units per
acre) for areas which are not now served, nor are expected to be
served by city water and/or sewer systems for at least 15 years (see
Fig. 4).
b. Establish a Medium Density land use category for single family and
duplex units.
C. Amend the zoning map to designate selected bites within the Medium
Density Land use area exclusively for tri-plex and largerunits.
d. Allow higher density units within other portions of the Medium
Density land use area through provisions of the planned unit
development ordinance.
e. Allow mobile home parks on a conditional use basis only within the
Medium Density land use category.
f. Allow mobile homes only within mobile home parks.
g. Create zones exclusively for single family housing, within the Low
Density and Medium Density land use categories, responding to the
desires of some citizens to maintain a single family neighborhood
character. Rezone subdivisions only upon petition and hearing
Initiated by a majority of property• owners in an identified
subdivision.
h. Amend the Zoning Code to simplify residential zones and to bring the
zoning map into conformity with the comprehensive plan.
i. Discourage rezoning from residential to commercial use for lots which
front on the Spur Highway.
j. Preserve existing housing stock by encouraging building maintenance
through the process of systematic enforcement of the building code
and fire code, particularly at time of sale.
k. Protect established residential neighborhoods from intrusion by
1., auto sales or repair, warehousing).
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8. Establish ommerclal districts suited to their highway, neighborhood,
!i central business d str ct, or historic district settings (see fig. 4). The
city should:
a. Concentrate commercial development at strategic locations along the
Spur Highway, where traffic turning movements can be controlled and
Impacts on adjacent neighborhoods can be minimized.
b. Require that access to commercial sites be restricted to arterials or
collector streets - not to residential access streets.
C. Restrict any commercial development along Beaver Loop Road. Limit
commercial development on Bridge Access Road to industrial uses
(marine industry west side, general industrial east side of Bridge
Access Road).
d. Enact a neighborhood commercial zone and designate selected neighbor-
hoods within the general commerical land use - category. Establish
standards for buffering commercial uses from adjacent residentially -
zoned properties.
e. Amend the Zoning Code to prohibit on -lot storage of a primary use in
commercial zones. Encourage storage of petroleum products, building
materials, etc. in the General Industrial land use area. Require
fencing of on -lot storage which is an accessory use in a commercial
land use area.
f. Establish the adverse inpacts of commercial uses on adjacent
residential properties by requiring a fence and/or landscaping buffer
on the commercial site, under authority of a new "transition
buffering" ordinance.
9.
Create a pedestrian -oriented downtown area with services and
amenities
different from othor, more automobile -oriented commercial areas
4 (see
Fig. 4). The city should:
a.
Encourage pedestrian linkages to and through new public and private
development by site plan review and/or special ordinance provisions.
b.
Promote a mixture of financial, comparison retail, cultural, entertain-
development in the central
,1
ment, recreational, government, and office
business district (CBD). Create a new CBD zone which discourages
F
development of residential, automobile sales and service, wholesale
j
and airport -related industrial uses in the CBD-
c.
Enhance the commercial attractiveness of downtown by landscaping of
s
.
streets, parking areas and service yards, and Installation of seating
areas, and development of parks (see "Kenai Downtown Landscape
Ord. 1037-85).
Master Plan", 1985, and Landscaping Regulations,
it
d.
Sell or lease city land In the CBD for commercial uses which generate-
stable, long-term employment and which comply with design guidelines
_
established for the district.
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Mat!■U �A080C1^?n81 INCi
MEMORANDUM
Pao�siONAL ENGNEEas, suAvEYOFS s PLANNEi9
TOt Ms. Janet Loper
City of Kenai
FROMs Sam McLane, P.L.S.
DATES April 8. 1987
RE: Dena'ina Point Estates
Zoning Amendment Request
W.O. 87-2010-01
The subject property was surveyed and platted by the City of Kenai in large
,. tracts. The street layout and tract configuration were based on
residential lot criteria to be developed with municipal water, sewer, and
storm drainage. This concept allows the tract or block owners to gradually
;a develop street and utility networks and then subdivide the blocks into
{ final lot parcels.
The applicant desires to rezone a major portion of the property to General
Commercial with the remainder staying Suburban Residential. To accomplish
desired buffers for residential areas and to separate commercial traffic
from residential areas the property will be replatted following the zoning
amendment. This replatting will include vacation of existing R.O.W.'s,
utility easements and the screening easement along the Spur Highway. A new
preliminary will be submitted to the Planning Commission. This will
contain residential and commercial areas which will appropriate screening
!. and buffer areas.
i
' The following procedure is anticipated:
f 1) Zoning Amendment Request and Action
2) Vacation Request and Action
- 3) Replatting of Property thru Standard Procedures
The intended subdivision design will insure continuity of dedicated
R.O.W,'s and match with existing utilities engineered for adjoining
properties.
---- - -' The legai description -of the -zoning amendme-nt _wil_l be_subject to presented
�- --.. -
Theletual maps to be followed by the platting procedures.
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P.O. BOX 469 SOLOOTNA, AK 99669 907-263-4216 `
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Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE No. 1214-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
THE OFFICIAL CITY OF KENAI ZONING MAP FOR LOTS 1-4, RM THOMPSON S/D,
HENDERSON REPLAT FROM LIGHT INDUSTRIAL (IL) TO GENERAL COMMERCIAL (CG).
WHEREAS, KMC 14.20.270 establishes a procedure to amend the official
" Zoning Map of the City of Kenai, and
WHEREAS, the official City of Kenai Zoning Map depicts lands described
as Lots 1-4, RM Thompson S/D, Henderson Replat as Light Industrial (IL),
and
WHEREAS, the owner of the property has submitted a petition for the
- rezoning of the described lands to the General Commercial (CG)
designation, and
WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980
designates this area to be Medium Density Residential, and
WHEREAS, the Planning & Zoning Commission held a public hearing on
_ May 13, 1987 and as a result of that public hearing recommend to the
Kenai City Council and the Kenai Peninsula Borough the amendment of the
Official City of Kenai Zoning Map and the.Land Use Plan to the General
Commercial (CG) designation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
1
Section 1: Subject property consisting of those lands depicted in
Attachment A and described as Lots 1 through 4, RM Thompson Subdivision,
Henderson Replat are hereby rezoned to General Commercial.
! PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of
June, 1967. '
John J. Williams, Mayor
ATTEST:
---- - - -- --- -- Janet Whelan,.. City Clerk.... { -
First Reading: May 20, 1987
Second Reading: June 3, 1987
Effective Date: July 3, 1987
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CITY OF KENAI
REZONING APPLICATION���/ p
.�1 / DATE: Q ril
I S' 19,E
f^ 1. PETITIONERt -AC-Ae ), k/ e N d e r50 K `
ANO
V 2. ADDRESS:
ah PA -el D. kumme�`t el b-re- Ra Kda
PHONE:
3. WRITTEN
SIGNATURES: _ta O w H ♦r of yVC 61d.4,er a 111 ofs
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t 0 rla 16- e4 r_
4. LEGAL DESCRIPTION:
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a-rrdr A. ie. Lad awn e��2.%-.3 � e4 -
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4t grydy M t? IQ w SM,
$ENT ON = ¢v.� 1. 1 st4vs��Ve
6. PROPOSED ZONE: a `
T. INTENDED USE AND/OR REASON FOR REZONING:
- - - 'i4e+_J,Qr. 1<<oLArs�brtie �u�►u�; slt�,�+ �p �oK o� �',r
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6. REZONING CHECKLIST: S,N►�S• ;t W.•.� ea�jatE+w'�"aw��tt'4ab.�
z.d 4..ew4
caw► wi.►� �t� - -
-a. mapK
- signatures
co deposit/advertising fee ($200) ,/• ,�
- do application form or letter
.:�. _ _. i'__.•� . _t.•idt�i+�ti+'ti*ai+l0�`�7�►t11%Fi+ti'Ltil.ytir:i r� .it;u+',AC�d.r•
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OF
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MiCITY OF KENAI
- Oil edpdal 4 4"
910 FIDAL00 KENAI. ALASKA Ml
-- -" TELEPHONE283- S
MEMORANDUM
TO: Mayor Williams and Council Members
FROM: Janet Loper, Planning Specialist
SUBJECT: Ordinance 1214-87: Rezone Lots 1-4, R.M. Thompson S/D,
Henderson Replat - Light Industrial (IL) to General commercial
(CG) - E.A. Henderson
DATE: May 15, 1987
f' BACK�GROUND
Applicant:
d
Ethel D. Henderson
Box 85
Kenai, Alaska 99611
s Legal Description: Lots 1-4, R.M. Thompson S/D, Henderson I
Replat
Existing Zoning: Light industrial (IL) i
{ Proposed Zoning:
General Commercial (CO)
Existing Land Use Plan: Medium Density Residential
Proposed Land Use Plan: General Commercial
DISCUSSION
' y This property has recently been replatted. A final filed copy is not
available, however a copy of the preliminary is attached. After some
confusion, the owner of the property has decided to incude all lots
within the replat.
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ORDINANCE 1214-87
REZONE of RM Thompson S/D
Page 2
This property is located west of the Kenai Spur -Highway and north of the
tracts owned by the Borough and lying across the highway from Petrolite
in the Radar S/D. The area is heavily forested and the surrounding
neighborhood is comprised of small oil industry related support ._
businesses. The immediate vicinity is comprised of small residential
trailers, an auto repair shop, and a bar/hotel/pawn shop.
The property was first subdivided and recorded in May of 1952 as RM
Thompson Homestead and S/D, then replatted in December of 1952 as Radar
S/D, and filed in 1960. The property was rezoned in 1974 under the name
of Radar S/D from Suburban Residential to Light Industrial by the then
owners of most of the property involved, Mr. & Mrs. Norene. The reason
cited was that the development was tending toward industrial.
The current and proposed Land Use Plan depicts this area as Medium
Density Residential (see attachments B & C). The current Comprehensive
Plan suggests areas of commercial development for west Kenai, however,
does not include this area for comment.
tip
The Planning & zoning Commission held a public hearing on May 13th and
unanimously recommend rezoning to the General Commercial designation.
The Commission approved the rezoning on the basis of the types of
business currently in use. "a
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r"max . HENDERSON REPLAT I
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' `\� fir Ae eue eLe w11 coNvtA110NAL went 81 VACATION RIGHTS -OF- WAY
4� move clucoAL /YftCMI. No Plown • f
A ,YInLL, TRACT A, LOT4. 91-ONO_ LOT 8 1-- ;1_._INCI, SIV[.. . .. . .. ....... .
i aN11AIC A vlltOM AittO WAT[A AYITCU LOCATED WITHIN THE St b1 NC V4 SEC IS TU NOW 010
all A WNRA•e0110111 WASTt DIAIWAL tr/TCM CITY O/ KENAIo KENAI PENINSULA 11ECOMMI OISTNICT
1ALIE APPAOAL DI 1149 ALAGNA DTAAAT•
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n� YLNTOfYlMAONMIMAL 0011111411111616 CONTAININti-3.627 ACRES ,toe ---- - — — � - -
ia.pT pit . oL.o. IAoetwltA
OWNER MALONC ayMtflko
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L��ilt E.D.IIENDEBSON N94MALASKA Well
RACEMENT DIAGRAMeoA1 Box e5
SCALL tG0 /AAa KEW►1•ALASKA YNII
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CURRENT LAND USE MAP FROM 1980 Comprehensive Plan
Depicts Medium Density Residential
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ITEM H ~ 7
DISCUSSION - FSS SECURITY
COuejyfl0187 K N A
"Od eafaW of 4".,
210FICALGO KENAI,ALASKA MII
TELEPHONE 293•MIS
" oRANDUM
)n, City Manager
3, Public Works Department
IN FOR FLIGHT SERVICE STATION
MEETING OF MAY 20, 1987
estimate that you requested for furnishing
rity system to the new Flight Service
ing water and sewer alarm system.
ion's attached proposal is for $3,125.00.
`---------------------- - _ _ -- � — - - -fig - - - -- -- - __---- - __........___
_ 1'UN 6YtIb�IL Mlou�w �t �~� •
city mv.
PROJECT\FSS\ALARM. LTR
.' O1W111N T Submitted oI
WC11 0K ONG Over
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SOUTHCENTRAL COMMUNICATIONS CO. I OINEA" 0 E11"IIIC
AunroMteo SAW3 a IERVt6!
P.O. Box 2316, Soldotna, Alaska 99669
Phone: 262.9262 MOBILE TELEPHONE
Addnp
city ` Suff ��• ZIP
Tdophons L
CTC8
OTV. MODEL NO. DESCRIPTION
l 1&kDeePL4-e-1 n I -MI;
w1a
No. 0293 PAGE_ OF
oQ000aoa
SALES REP.
T-�
CUSTOMER CONTACT
PHONE NUMBER
UNIT PRICE TOTAL PRICE
-- t
CPO
C «CP i
O j
r ` ee
-eALANce�ue
SPECIAL
TOTAL
PRICE
q q �-
#i#
1:INANCIAL
EQUIPMENT
,f
INORMAL
EQUIPMENT
'.INSTALLATION
-
LICENSE FEE s
TRANSPORTATION
3
'
MONTHLY REPEATERISITE RENTAL 8
TOTAL SYSTEM
CASH PRICE
I�S
DOWN PAYMENT .
f
ACCEPTED B
TITLE
CK «
s
:TERM8
ALA TIED By SQC TITLE
ALL ORDERS ARE SUBJECT TO WRITTEN AC.
DATE PURCHASE ORDER NUMBER CEPTANCE BV AN OFFICER OF SOUTHCENTRAL
COMMUNICATIONS CO. AND ARE BUBJBCT TO
THE STANDARD CONDITIONS OF SALQ.
.1- r.c :aS:�...�s .-.... .. ,. .._.- -_. .--- --• ... +t.. ..w:; Whit.._t�.�hsaW=1��Ri+�.Lftai[t.t {
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APPLICATIONS - BENEFITS -' RELIABILITY
" �j
• i
r
APPLICATIONS
Monitoring of
• Oil pressure switches
• Engine lube oil pressure
• Vacuum or pressure gauges with
limit switches
• Hydrostatic pressure switches as
used in monitoring tank levels
• Float switches for liquid level
k „ sensing
• Flow/no flow switches as used to
- determine if a well pumping unit
is operating
• Temperature sensing switches
• Irrigation system for proper
pumping
=:( • Remote booster Compressor
- . stations, suction discharge
---- ...---- pressures . .
RA'
tt•mob
UM9 AWM
N Mobile
op"onel {IOCNYM
1T Mobile Blew olopl•Y
' :J
RELIABILITY
I • Continuous monitoring of remote
locations reduces manpower and
• System provides redundant
equipment requirements because
address and status transmissions
of less frequ:nt t emote site
(three per cycle) insuring site
identification and alarm status.
inspections. ,
• instantaneous reporting of "alarm
• The system employs 3 tone FSK
(Frequency Shitt Keying) signal
clear" reduces manpower
requirements by eliminating the
providing unexcelled stability
along with false free reliability
necessity of going to the remote
site to physically clear the alarm.
and high system integrity.
• The computability ofRAPID with
• Built-in 40 millisecond delay
verifies each alarm status before
existing Hi:, VHF and UHF FAI
networks makes it possible to
initiation of the transmission
incorporate it into existing radio
systems with little additional cast.
cycle.
• The remote alarm can operate
from a battery source where AC
BENEFITS
power is not available. A solar cell
may be incorporated to recharge
• Instantaneous.reporting_of-_____
"alarm" allows corrective action
_the battery unit.
• Multiple alarms can -be displayed
to be taken Immediately and
at any one time as opposed to
therebyincreasesrevenues and--
improves customer service
-displaying only -one -at a- time- _-
• The remote unit is housed in a
because of reduced downtime.
weather proof fiberglass enclosure
providing protection tram rain,
snow, oil and dust.
W
N
igltlAh
EM
M
FEATURES
• C-MOS Reliability
• Low power Consumption
• Modular Design
• New Front Bezel design simplifies
lamp replacement
• Simplified Address programming
• 16 or 64 Baud Transmission Rate
SYSTEM DESCRIPTION
The IDV-11 Annunciator is the
- visual alarm display panel used in
the Repco RAPID alarm and status
system. The iDR•!I provides all
' Pelay outputs and no visual display.
r� is
�n all other respects the IDR n d
Ito. to the IDV-II. Designed for
" maximum convenience and
flexibility, the IDV/IDR-II can be
held expanded as system
requirements increase. This unit
contains all the common logic to
accommodate 12 plug-in option
? cards. Each card can be strapped to
respond to the 7 bit binary address
j code generated by a RA-12B
transmitter. Up to 10 iDV/IDR•II
units can be connected in parallel
on a 60o ohm line (bridging inputs)
to display up to 480 alarm points.
I-
- s, Housed in a beige colored high
- impact case, the IDV/iDR-II features
.� a new front panel design which
i simplifies lamp replacement. Keep
alive current is supplied for each
lamp which minimizes filament
fatigue resulting in longer lamp life,
---- -- —-------- --- The IDV/IOR-It derives. its data -
input from a voice grade audio
circuit or from a communications
-- ----- -- _ eoaiver."Thetligh-Inpurimpedance
�lermits line bridging or receiver
discriminator connections without
appreciably loading the audio
source.
ANNUNCIATOR
DISPLAY UNIT
IDV/IDR-II
IDV-11
New options are available which
increase the utility of the IDV/[nR-
11. IDR-4B relay cards are available
to drive remote display boards or
annunciators. The analog option
controls four channels of 4 to 20
milliampere current from a RA•12B,
which conforms to the industrial
standard used by most analog
transducers. The TT•9B card verifies
a periodic remote transmission
which guarantees total system
reliability.
A gel type battery provides
memory retention during power
failures. This battery provides
power for more than 6 hours
during power outages, and if an
alarm occurs, it can be displayed by
depressing the Lamp Test Button.
PCB COMPLEMENT
FOR IDVADR-11
There are 12 card slots in the
IDV/IDR-it which will accept the
following cards in any combination
for the IDV-11, the Wit -IT will not
accept the lamp cards.
Alarm Display Card 0DV-11 only)
27204.0001
Relay Output Card 27205.0001
Tr•9B Option 27244.0001
IDA-4 Option 27222.0001
SPECIFICATIONS
Power:
120 VAC ± 20%. 50/60 Hz
Audio Input Sensitivity:
.18 to + w dbm (97 my to 6.2 V.
RMS)
Input Impedance:
tOK ohms, bridging, DC blocked
Sinad:
6 db (noise 300.3K Hz 6 db/octave
power spectrum, equivalent FM
squelch noise)
Decoder Signaling:
Binary three tone, FSK, IQ20 Hz,
(fe) center "clock": 820 Hz (fb)
"zero, and 1220 Hz ift) "one."
Transmission rate 16 or 64 baud,
selectable.
Operating Temperature:
00 to 500 C
Dimensions:
8" (H) x 17.25, (W) x 9.675' (D)
Brackets available f-or standard
19, rack mounting
Weight:
19 lbs. gross; 11 lbs. net
OPTIONS
Self Test Feature
240-VAC Option -_-- -
Central Site RP Equipment.
Customer Provided
• —
7
FEATURES:
· (:-MOS reliability
· Lo~v power consumption
· Modular plug.in design with
wide range of options prevent
system obsolescence
· Operates on self. contained radio
transmitter, wireline, or over
existing radio equipment
· Simplified address
· Simplified transmit interval
programming for multiple
transmissions
· 16 or 64 baud transmission rate
· Fiberglass enclosure ia oil, water
and dust tight
· Report transmitted on status
change or selectable timed -
intervals or polled response
C) SYSTEM DESCRIPTION
Designed as the modular core of the
flexible RAPID system, the RA-12B
monitors and automatically reports
any changes in status at remote
locations over any voice grade
circuit. This unit sends a highly
secure station address and current
status report over radio, wireline,
or microwave and conforms to FCC
requirements for secondary
signaling on existing radio
channels. A coded tone squelch
option is available for the radio
channel link.
Any of tl~e 12 status inputs can be
configured to monitor normally
open or normally dosed contacts by
changing internal jumpers. Dual
in.line miniature switches select the
....... ,, alarm station address code as well
' ;' aa the transmission time interval.
'~' Selectable baud rate (16 or 64)
-'.~ ........ P~bVides druidic- time for .............
transmission of complex data with
' FCC re~luirement8. Crystal control
.. - ) of the c'~ock and optional RT-9B self-
-- test module eliminates timln[~
· ' "' inaccuracies.
REMOTE ALARM
SYSTEM RA12B
RA-12B
Also available is a polling option
which by remote control can
initiate a status transmission or
usln§ a set of three call.up codes
operate two independent form C
relays.
Without the continuous current
drain of some of the options, the
self contained, sealed gel type
battery needs little more than once-
a-year recharging. When the Solar
Panel or the Trickle Charger option
la specified, remote station
maintenance is virtually eliminated.
High alarm reporting integrity is
assured by the uae of a three tone
~'SK signal. The solid state design,
using (:.MOS IC's will achieve .
trouble free, unattended operation
with the insignificant standby
current requirements. Stations may
be used singly or in multiples to
comprise a system of up to 1,S36
alarm sensing points.
SPECIFICATIONS
Power:
.... Self e-omained 12 volh- 8'A-A ti gel- --
battery. Retains 75% of its
_ charge aA!er one_year at normal
mean tem~rature ambients.
Sealed, upiliproof case
maintenance
Currenl Drain:
Varies with oidlmss an(i
applications
Power Deplellun:
Approximately 0.05 Alt I)er
alarm Iransmil cycle
(RF equipped units only)
Operating Voltage:
I0.5 to 14.5
Operating Temperatm'e:
· 30° to + B0°C
{.22° lo * 140°F)
Storage Temperature: · B5° to
(.~o !o * lflS°F)
~ncoder Signaling:
Binary three tone FSK, 10~O IIz
{l~) cetUer "cluck"; 820 Hz
"zero" and 12~O Hz (ft) "one"
frequencies at Iff or B4
Audio Output:
Maximum * 11 dbm - adjustahlu
Output Impedance:
600 or 900 ohms
Harmonic Distortion:
3'~ maximum at thll rates output
Alarm
1, 2 or 3 -- ~ second transmissions
fit I to ~56 second intervals
(swild~ seledflble). NOTE: FCC
regolatimss require B~ second
nthtltnum Interval belweeu
transmission via radio.
OPTIONS
· Polling
· Self Test Feature
· Trickle Charger w/Programmable
Timer
· Il·flier
· 5olaf Cell
· Coded Tone Squelch
· Battery Charger
. · RF..Tronmnlttert~Recctvers
(IIFNIIF, UHF)
· Mounting Ilarflware
· Remote Control Feature
· 240 VAC Option
Central 81to RF Equipment,
Cuotomer Provided
L
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4
F-
REMOTE CONTROL OPTION
'rhe addition of the RTA-8 allows
the remote control of up to 8 relay
closures using DTMF tones, Outputs
are field programmable for separate
addresses, latched or momentary.
The momentary output time is field
selectable. Security of the system is
provided by overcount, undercount
and time out protection. Standard
group/all call is available. The use of
digital filters eliminates
adjustments.
REMOTE SITE RF OPTIONS
OPTIONS
Transmitter
6 Watt low Band (42-$0 MHZ)
Transmitter.
8 Watt High Band (150-174 MHZ)
' ~ Transmitter.
· Watt UHF (450-470 MHZ)
Transmitter.
" 25 Watt Amplifier for use with
High Band Transmitter.
Receiver
42.50 MHZ tm .ir. Receiver (crystal
not included)
t50.175 MHZ R.F. Receiver.
450.470 MHZ R.F. Receiver.
POLLING OPTION
Installing the Polling Option, pOl,.l
(Z7235.0001) in the ILA.12B Rermtts
an external dial.up code to access
the remote and Initiate a status
transmission. The polling option
has two extra dial.up functions for
external control, each with separate
dial-up code. One has a momentary
contact closure and the other can be
code latched or unlatched.
TRICKLE CHARGER
With high remote alarm station
activity or with any of the high
current options that draw power
directly from the battery, it may be
necessary to constantly charge the
battery.
The TCK-3 (26981~301) is a Tri~kl~
Charger (1.5 amps maximum)
which has the capability of
signaling power failure. Attaching
the power thflure output to one of
the status inputs will initiate a
status transmission whenever a
power interruption occurs. One of'
the indicator lights on a
corresponding IDIt alm'm card must
be dedicated to this function.
TIME PROGRAMMABLE
BATTERY TEST
LVA-3 (26981-0002) is a time
programmable battery test system
which can apply a 1 ampere load to
the battery and send low voltage
status alarm, In cases where the
battery drain is higher than the
minimal remote alarm station the
battery can be checked using the
operating load of the RA-12B itself.
The test time period can be set to
occur from 4 hours to 4 days
between teats.
This option also requires the
dedication of one stattis input point
and a dedicated lamp on the
corresponding IDV.
TRICKLE CHARGER/BATtERY
TEST
TC/PT-3
The TC/PT-3 (26981.0003) option
contains both the trickle charger
and the battery test circuitry and
requires two status input points for
complete operation.
ADDITIONAL OPTIONS
Self'lest
Both the remote station and the
IDV-il must be equipped with the
respective self test options, The RT-
9B periodically initiates an ali alarm
signal to the remote alarm station.
which in turn is compared with rise
matching time frame of the TT-9B
in the IDV-II. If the two times do
not agree, the TT-9B in the IDV will
signai a warning that the remote
alarm station tailed to complete the
cycle. Using these two options gives
total system reliability within the
time frame selected.
The RT-9B option (27181-0001) plugs
into a specia/conneetor of the ILR.
12B control logic card (#1), and the
TT-9B (272440001) resides in one of.
the unused card slots in the IDV.IL
More than one TT*9B can be used in
an IDIt-I! with each unit being set
for a different remote code address.
Coded Tone Squelch
The TCC-i option (27234.0001) is
used with RF applications. It is
tunable, 65 to 256 Hz, in two ranges
and drives the built-in RF
transmitter direct or may be used
with an external transmitter.
Central 81to RF Equipment,
OuatomorProvlded
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AGRSBHEHT
This asreement made and entered into this let day of ._ Jply
1987, by and betveen the City of Kaset, Alaska. hereinafter referred to
the City, and the Kenai Peninsula Boroush 6chool District Cmunity Schools
Prosr~m, hereinafter referred to ae the Proerau,
~ilEREAS, tko City has provided recreational facftttte8 and activity
opportunities and tho ProSrem ha8 available 8ddttionat facilities for
educational ned recreational purposes, and
~K~S, the City ~nd tho ProBlem sh~re co.on 8oa18 to pr~tdo
opportunities ~nd octtvttto9 for the phyet~t, ~fl~ot ~nd cuttural
dovetop~nt of their respective client Stoups throueh tho prestos,
~EREAS, the benefits from limited financial resource8 can be Mxtm~ed
by these asencte8 uorktn8 CoeeCher to provide focttttto8 and proeram8 to
~cbteve their co.on 80818,
HO~ TH~EFO~XTNgSB~HI
In constduraClon of the praises and flereemont6 concerned herein, the
parties heroes aSFee as fellowes
CO~UNX~ SCHOOLS ~ ~CREAT~OH PROG~ PROVIDED, Tho PFoS~aSreeo
provide a y~r*round recreation proeram a~n8 chtXd~en, youth and
odutto, and adults In various 8ports, special events, hobbies,
educational and other recreatl~at activities. The 9xt~c, content and
~no80~uC 8~XX be decided by the Prosram, ~th appropriate advice
8uSeeotions fr~ the Kenat Cottncil or destsnee,
2, CO~UHI~CHOOLS REC~ATION PROC~M COH~. ~e ~oereatlon
~ include, but not be timtted to the rolls, teSt
a. chtldren*s sumr craft and pt6ysr~d octtvtttest
b. ~po~ts~ 8~oectvttteo such a8 baoketbalt and votleybmlXi and
c, periodic 8pectaX events such 88 Jesse ~en8 track meet, fttld
trips, dances, etc,
It ts understood that the intent to to provide those mcttvttteo in
interest has been 8ho~, therefore, continuation of those successful
activities ~htch have be~ provld~ by the Prosrm or the City
previously are a priority,
3, PERi. EL, The City shaXl hire quaXt~ted peruonneX ~tth the advice mad
~of the Proeram to oreantae, supervise and direct
proer~ so.tees. Such personnel shaXi be under the direct
of the Director of K~et F~rk9 end Recreation, elcept durt~
absence aC vhtch time oupe~iston of personnoX 8~11 be dolese~d by the
prlnetpat to h18 deetenee. A11 personnel ~Xoyed 8o Co.unity Schools
Spectettot-Rocreott~ shall be eBpXoyee8 of the City of b~t 8~ cbs
personnet resulactono of 8etd district shell ~ply.
~, USg OF FACIL~TXES, ~e City aereea to StYe preference for the mas of
~he City park facilities, exeludtn8 ~he batlftelde, ~ero~do
rodeo srena, ~e Prosr~ peroo~ol shall ~ep the City advte~ of
activity schedule for the park facilities,
~e Proer~asreeo to make the Kaset public school facilities
for recreation prosr~m activities utth the provision t~t preference tn
eehedultn8 of th~ sba11 be 8~ven to the orgontsed ac~tvtties of tbs
g~t ~ontnsula Borou~ Schools.
-I-
t._
t._
City
Bill Brlshton
City Nanaser
210 Fidalso
Kenai, Alaska 99669
283-7530
PAYMENT. In consideration for the se~viceo to bo provided tho District
asrees to pay tho City tho elm of O ~tch shell cover the
fiscal year from July h 1981 throoBh--June 30. 1980. Renewal of this
osreemmnt from yeor to yes~ to subject to the approval of tho h~t City
Council and tho FrosFm. It to understood that eonttnustl~ of
p~osram to conttnSont upon on ~nnual fiscal plan end asree~nt betueen
the P~oSr~ and the City.
Payments shall bo Bode to the Prosram on the e~ecutfon of the osreeMnt.
FISCAL A~ENT. ~o City of KenaA okaXX ~cC ~8 tho solo ftocot osent for
the conduct of the Co~ntty Sehootfl Spe~tottut-Rocreatton position
KonaS.
7. REPOKTS~. Prior to co~ncement o~ quarterly acttvttto8, the
Prosram eh~tX submit to the City. o vrttcon nn;.;attvo of the prosr~s
and activities planned. Tko Ctty retains tho rtSht to revt~ the
proposed prosram8 and octtvtt~ofl and make ouKKoottonO concernin8 6=e.
Reasonable proBrees reports ohnXX be ~de upon reqeest.
8. BOLD ~ES8. The City 8RFee8 to defend find hold hfl~teso the Kenat
Peninsula noroush School District and tis Com~nity Schools Frosr~
any claim for inJuu to person or daMso8 to property, or othe~
lkabtltty, or claim, or douses that ~Y occur tn connection vtth uso of
ony facility o~ed or operated by the City vhon used for thio prosrg,
The Ke~t Peninsula Boroush School District esteem to defend ond bold
bamles8 t~ City from a~y claim faf injury to por~no oF
property, or arbor liability, or claim, or douses that ~y occur tn
c~neeCton ~ith use of any facility o~ed or operated by the Ke~i
~entnsula Boroush School District ~hen used for thio prosr~.
9, ~, The City has various equipment and supplies used tn tho
~nduct of itts proart8 that ~y, upon request and approval, be made
available to facilitate and support tko provision of recreational ~d
edueattonaX prosr~8 conducted under thio
10, A~HORXZ~ AGES, ~h8 individuals authorteed to act a8 tho asent8
befit of the parties to thio asree~nt 8reJ
of Ke~t Renal peninsula Bar,ah
School District
Dr. Donuts Dassett. Asses. Supt.
Xnot=cttonat Services
l&8 H, Btnkloy
Boldotna, Alaska
262058~6
~ILL BRIGBTOB
~EHNIS B. DAGGK~T
N~ory public
Commission Eapiroo
Notary Pu~5~te
coemtssion E~pirea
-2-
[_
¢
~ay ~3, ~987
CITY OF KENAI
~I0 FIOAL(IO KINAI, At~KA
TELEPHONE
TO: Tin Rogers, City Attorney a~-wd~-'n~~'
FROH: Dana Oeretlauer, Administrative Assist
Lots 9 and 12, Aleyeoka SubdSvision
(Kambe Theater)
The re£erenoed property is inthe process of being sold ta
TEHT Alaska, Xnc., the current lessees of ~he property, lc
has come to ~y attention through a title report that there
is · lien on. the property which would place the City*e deed
of trust on the property in second position.
Following is a summary of the figures on this situation~
Value o£ land: $225,00~,00
Assessed value o£ improvesents: 696,600.00
TOTAL
Current lien on propert~
City*s deed of trust:
8162,338.00'
191,250.00
TOTAL ~
*Thio figure was provided b~ TBMT Alaska, Xno.
A£ter reviewing the above figures, do you feel there ia
enough eeeurity for the City to prooeed with the sale,
taking second position on our deed of trust?
/dg
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CITY OF KENAI
~IOFIOAL60 KENAI, ALASKA eelll
TELEPHONE ~13- 7S3B
TO: Council Hembers
./0itY o£ l(enai
ea/~f..~~Tim aogers, C. ity Attorney
".~__//~ City o, Kens,
Hay 20, 1987
Re;edges Upon hand Sale Defaults
This memo discusses alternate remedies upon de£ault by purchasers
o£ City lands especially where the City is in other than a £irst
secured position.
~X~ ON THB~NOT~
One alternative would be a suit on the note. 'Suing on the note
means that the City would £orego a return o£ the property and
look to the trustors ~or £ull payment o£ the note. Xn lieu o£ a
suit on the note, we could accept o£ the truetors a con£ession o£
~udg~ent. The problem with ~iling a suit on the note is that it
is a civil complaint and it could take time to get through the
court system. In the interim we could attempt prejudgment
attachment o£ assets. Once this action starts though, the sharks
#ill start oircling and the inevitable result may be a bankruptcy
proceeding. Another problem #ith a suit on the note is that
there have been very £ew done in Alaska and there is little court
guidance and/or Alaska case law as to how to proceed. It is also
important to remember that the trustors are liable
Generally, suits on the notes are recomended where the security
is marginally adequate and the trustor is extremely solvent. In
order to make this deter~instion, ye would need to hire an
appraiser to de~ermine how adequate our security is. #e might
also want to elicit responses £rom the trustor as to their
solvency.-
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?he truator could simply deed the property back to the City in
lieu ct foreclosure. This might require some consideration £rom
the City to the debtors. If the property were deeded back to the
City, the City #ould essentially be in the position it was in
before selling the property to the debtor. The problem #ill be
it any senior lien holders decide to foreclose on their
interests, they could possibly end up owning the property it the
City fails to act to secure its position.
The non-Judicial foreclosure is the most widely used remedy by
beneticiaries £aced with defaulting trustors. No court action is
required and it results in a public auction o£ the property. The
action concludes with the trustor being immune from a personal
~udgment for any deficiency should the sale of the property be
insu££icient to satiety the debt owed to the beneficiary. Unlike
~udiciaL foreclosure, no right of redemption arises in the
trustor nor ~uAior beneficiaries. It the City foreclosed, only
those liens on the property subsequent to that of the City's
would be removed ss clouds on the title. There would still be
any senior deeds ct trust. It those entit4~s decided to
£oreclose, the City would have to, in essence, buy the senior
deeds ct trust in order to secure its positio~.
Another alternative tot the City is to do nothing. If the City
did nothing, the City would essentially be waiting tot any senior
lienholdere ~o foreclose. Xt that time the City would have to
step in and protect its position by paying off any t#o senior
deeds of trust. This could be expensive and it is uncertain how
Long this could take. In the interim, o£ course, we could hope
for a workout, but this is not s guaranteed offering.
Xf a bankruptcy was fixed there would be certain impacts. The
bankruptcy code provides for three diEterent types of bankruptcy
proceedings. Chapter 7, also referred to as straight bankruptcy,
Chapter 11, also re£erred to as reorganization, and Chapter 13,
commonly re~erred to wage-earner plan. Xn, City land sales, it
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could be any one of the three. If the matter goes into
bankruptcy, there viii be ~n automatic stay and all remedies of
creditors will be postponed until the bankruptcy proceeding is
terminated or there is an appropriate court order.
If the debtors filed a Chapter 11 reorganization, they would be
allowed to stay in possession of the property, This may be of
benefit to the City rather than having a foreclosure battle. A
Chapter 13 wage-earner play might also be invoked where the
trustors individually liable as partners. If the matter went
into bankruptcy court, it would be up to the Court to sort out
the Lien amounts and ef£ect a final distribution. Once in
bankruptcy tho City could attempt to get a relief £rom the stay
for £oreclosure based upon inadequate protection. This relief
from the stay may be available where there is Lack of adequate
protection such as keeping insurance current or a lack of "equity
cushion** in the mortgage real estate.
~hile the Legal Department has proceeded in the past with deed o£
trust foreclosures, the City was always in first position. That
may not be the case in the future. The Council should consider a
course o£ action which will allow for consistency in future
similar situations.
The City Attorney would again advise the Council not to
subordinate its position in land sales.
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Suggested By:
CITY OF KENAZ
RESO~UTION 87-27
City Council
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT
THE FOhLOWINO TRANSFERS OF FEDERAL REVENUE SHARING MONIES BE MADE
IN THE 1986-87 GENERAL FUND BUDGET:
Fro~:
Non-Departmental - gepair & Maintenance
$1,800
To:
Legislative - Miscellanegus
800
This transfer provides money for Bicentennial Constitution
Committee expenses. Funds are available because some budgeted
City Hall repair and maintenance expenses will not be incurred.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, A~ASKA, that 20th day
o£ May, 1987.
ATTEST:
Janet #helan, C~ty Clerk
Approved by Finance: . ~
(5/13/87)
JOHN J. WILBZAMS, MAYOR
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CITY OF KENAI
i10 FIDALGO KENAI, ALASKA
TELEPHONE oe~. 7838
Council Hembers
~-~ C~.ty o£ Kenai
DATE. May 14, 1987
RE:
U~ility Relocations
The Senate Transportation Co~uuittee changed their mind on the
date BB 155 (regarding utility relocations) was scheduled £or
hearing and decided not to hold a hearing on the bill. It is
anticipated the bill will not be heard until next year.
Z£ you have any questions, please do not hesitate to contact me.
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t;ourt- rules:, In.:Ta OLOI.
. .,~,T-~ ~ .~A..~'~'Z'.' 4,.'~'.. ' '/'_. · .' 'T%?~.~.' ·
· ~The city of Kenal won ·. llP~"~to the ~t~perior Co~"- tr~ Ass~htion end the city
'rUe_' h the Alas~. Supreme'a~ de~ston- made b~ tho'..ofK.enai,otv~ern~h.ow.as.t.o..~Y
Court eoneernlnS the reloea:. Alaska Pu.b~l,!o_-..Utlitt.i.e,s ...I.or me .r~.w~_.tton ~..mmtt~
tlon of utmb. but me ecru-.; ~lo~'~'~:~'~_m~..
al issue of who il to pay for~ .~''~k'.''~'--~*.'~'t..V~'~'%r~t."--''--'' *~ over Irom me city, #eloea-
tho rei(Mi[~Ol~ Il Itfll [O DO" ~ oA I"did'ndM ~Jidl
· . z~/*.~.-,:-., -~ .':T '"~ .... ': -' oz road improvement r~
decided, ,.-,~....;:. ,,,,,, ,ko ,,m,' ,d rel,,-n,n-=,,~... . - P.
Iii Ii [l~mlWJl,, HCmUilS .w- Hti~ltiP~. '--'~' ?% · , .**,,].~,,,d,v*_..--. %~ .... ... --
dly'~ dllte, tho Supreme --.; %.%.-4~ t~''4'-'? · 'File eBlO Will ftOW De
.Court determined that tho "' The
City of Kenai hsd a right to flier between Homer Flee. Court. .
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NOTICE: This opinion is subject to focal correction before
publication in the Pactf ~eporter, Readers are requested
to bring typographical or other formal erroro to the
attention of the Clerk of the Appellate Courts, 303 K Street,
Anchorage, Alaska 99501, in order ~hat corrections ~ay be
made prior to per~anent publication.
THE SUPREME COURT OF THE STATE OF. ALASKA
CITY OF KENAI,
Appellant,
v.
STATE OF ALASKA, PUBLIC
UTILITIES CO~B~ISSION,
Appellee.
File No. 8-1337
OPINION
[No. 3176 - May 8, 1987]
ApPeal from the Superior Court of the State
of Alaska, Third Judicial District, Kenai
Peter A. Michalski, Judge.
Appearances~ Timothy J. Rogers, City
Attorney, Kenai, for Appellant. Mark L.
Figura, Assistant Attorney General,
Anchorage, Harold M. Brown, Attorney General,
Juneau, for Appellee. Andre~ E. Noge, Hoge
and Lekisch, Anchorage, for lntervenor
Matanuska Telephone Association, Inc. C.R.
Baldwin, Kenai, for lntervenor Homer Electric
Association, Inc.
Before: Rabinowitz, Chief Justice, Burke,
Matthews, Compton, and Moore, Justices.
NATTHEWS, Justice.
This is an appeal by the City of Kenai from a decision
of the superior court dismissing Kenai's appeal to that court
from a decision of the Alaska Public Utilities Commission. The
'superior" c°'u~t "foUnd 'that"'~e-n~[- ~' 'not ....a" party' ~o" the
Commission's proceedings, and therefore had no right to appeal.
Homer Electric Association and Matanuska Telephone Association
were parties 'to' the Commission's proceedings, and both have been
granted intervenor status in this appeal. Because Kenai has a
legally recognized interest which was adversely affected by the
Commission's action, and because Kenai suffic~ently participated
in the Commission's proceedings, we hold that Kenai has standing
to obtain ~udicial review of the agency's action by means of an
appeal. We therefore vacate the dismissal and remand the case to
the superior court.
I. FACTS AND PROCEEDINGS
In 1971, Homer Electric Association, by contract with
the City of Kenai, assumed control of certain municipal utility
facilities located within the' City. Subsequent street
construction required Homer Electric to relocate those utility
faciXities, but the City refused to reimburse it for the
relocation expense. Homer Electric sought declaratory relief
before the Commission to resolve the dispute according to the
contract terms. The CommiSsion declined tO hear the contract
dispute on Jurisdictional grounds, but encouraged Homer Electric
to file for a special tariff before the Commission to recover the
expense either through a surcharge or through general rates.
Homer Electric filed for a tariff revision which pro-
vided for a surcharge t~'-re~ve~ ai'i'c°s~s-a~soCiated .............. with the
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relocation of electric faciliti~s at a municipality's request
when those costs are not paid by the municipality. The
Com~ission issued a notice of utility tariff filing, and three
individuals and the City responded as interested parties with
letters opposing the tariff. In "adamantly oppos[ing]" the
tariff filing, the City argued that under common law, a utility
has the duty to relocate its facilities at its own expense when
public convenience or necessity so requires.
The Commission suspended the operation of the proposed
tariff and scheduled a public 'hearing in view of the
strong opposition to the filing. The Commission also "concluded
that the City met the standards for intervention set forth ~, 3
AAC 48.110," and detemined "that full-party intervenor status
should be granted to the City." In its order suspending the
tariff filing, scheduling a public hearing, and granting
intervenor status to the City, the Commission stated that
utility] and the City should be prepared to answer [£ive]
questions" relating to Homer Electricts proposed tariff
revision.1 The Commission also stated that if the City did not
_ ~ (Footnot:e Continued)
I. The Commission directed the City to be prepared to
answer the roi. lowing questionss
(1) What is the nature of the facilities
relocation costs which are the subject of
[this order] ? ..
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wish to be granted full-party intervenor status, it should notify
the Commission.
In a letter to the Commission, the City formally de-
clined the Commission's offer of full-party intervenor status.
The letter stated:
While the City of Kenai declines'the'Commis-
sion's grant of full party intervenor status
in this proceeding, it does not wish to-con-
vey an impression of disinterest or lack of
importance in this matter by the City of
Kenai.
The City's initial regponse . · · consisting
of six pages plus attachments set forth at
length not only the City's policy position in
this matter, but provided citation of statute
and case law authorities in support of its
position.
(Footnote Continued)
(2) If facilities are relocated at the
request of municipalities and the
municipalities do not directly pay the costs
of the relocations, how should the utility
allocate those costs to its ratepayers?
(3! Does the answer, to the preceding question
vary according to circumstances associated
with individual relocations? If so, how
should these variations be reflected in a
tariff format?
(4) How should the proposed [Municipal
Facilities Relocation Cost Adjustment] affect
previously uncollected municipal facilities
relocation costs? .
which the proposed surcharge should
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~he City further observed that the Commission had
already apparently decided that a municipality had the discretion
to require a utility to pay for relocation expense. The City
quoted /rom the Commissionts letter to Homer Electric, in which
the Commission declined to decide the contract.dispute:
~he requirement to- pay either a fee or
relocation expense at the discretion et. the
municipality would seem .to make a tee and
relocation expense interchangeable concepts,
so that the authority of a utility in AS
42.05.251 to recover tees from the customers
in the municipality receiving the fees would
seem to necessarily sa.nction the recovery o£
relocation expenses in the same manner.
?bus, in light of the earlier statement by the Commission to the
utility, the City asserted that "[i]t would seem that the Cityts
participation as a party in this matter may well be an
unnecessary step to= the Commission to £ozmall¥ order what has
previously been decided.# '
On November 17, 1983, the Commission conducted a public
hear£1tg but the City did not appear or otherwise pa~ticipate.
· he Commission issued its decision on ~anuary 11, 1915. ?he
decision specitically considered the City~e earl/e~ arguments
contained in the City's letter opposing the tazi£t revision.
~lthough the Commission reco~nized that the parties
sought only an o~der from the Commission accepting or re~ecting
the proposed surcharge, the Commission £ound it necessary to
preliminarily determine "the validity under AS 42.05 of the
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reimbursement relocation ~of utility faciliti~e located within
municipal rights-of-way." ?he Commission held that the practice
of municipalities directing unreimbursed relocations of utility
facilities'was unreasonable,-thereby making the City liable for
the relocation cost. incurred by Homer Electric. The Commission
also denied Homer Electric's reques~ for a ~urcharge.
· . The. City' appealed the .~onu~ission's decision to the
superior"'~ourt explicitly re.lying.'.'on. AB '42.05.$51,2 -AS
3 and Alaska Rule of Appellate Procedure 602 4 The
44.62.560, ·
Commission moved to diemiss the City's appeal on the grounds that
the City was not a party to the administrative proceedings and
therefore had no right to appeal. · Homer Electric Joined in the
motion to dismiss, and Matanuska Telephone submitted a statement
of position supporting the Commission and Homer Electric.
part:
AS 42.05.$51, Review and enforcement, provides in
IFootnote Continued)
la) All ~inal orders of the commission [APUC]
are subject to Judicial review in accordance
with AS 44.62.560 - 44.62.570 of the
· 'Administrative Procedure Act.
3. AS 44.62.560, ~udicial review, provides in part:
la! Judicial review by the superior court of
a final administrative order may be had by
filing a notice of appeal in accordance with
the applicable rules of court governing
appeals in civil matters.
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The City opposed the ~otion to dismiss, and requested
in the alternative declaratory relief pursuant to the Declaratory
Judgment Act, AS 22.10.020(g),5 and Ketchikan Retail Liquo~
Dealers Association v. State~ Alcoh~li.c Bevg~a~e Control Board,
602 P.2d 434, 440 n.21 (Alaska 1979).
?he superior court entered an order dismissing the case
on the grounds that the City had no right of appeal because it
was not a party. The City*s motion for reconsideration was also
denied. This appeal followed.
II. KENAI'S STANDING TO APPEAL
Whether a party has standing to seek )udicial review of
an agency's decision following an evidentiary hearing, either by
appeal or in a declaratory judgment action, is a question of law,
reviewable d__e~ov___~o.
{Footnote Continued)
4. Alaska Rule st Appellate Procedure 602 provides
for time and notice of appeals, and for bonds on appeal.
5. The parties refer to Alaska's DeclaratoFy Judgment
Act as AS 22.10.020(b). In 1984, subsection .020(b) was
redesignated as subsection .020(g). See AS 22.10.020 (Supp.
1986). AS 22.10.020(g) provides in part~--
In case of an actual controversy in the
state, the superior court, upon the filing of
-an---appropriate--pleading-~--may--dectare-.-the
rights and legal relations of an- interested
party, seeking-the declaration, whether, or not
£urther relief is or could be sought.
t
The Judicial review provisions of the Administra~£ve
Procedure Act, AS 44.62.560(a), are made applicable to APUC pro-
ceed£ngs by AS 42.05.551.7 AS 44.62.560(a) does not specify who
is qualified to obtain Judicial review o~ administrative
adjudications. Since the statute is silent on this point, the
answer must be supplied by reference to ~the= sources of law.
This has already been accomplished in part in Ketchikan Retail
LiqUOr Dealers Asso~iatign .~. S~ate~ Alcoholic Beverage Control
Board, 602 P.2d 434 (~laska 1979). In Ketchikan, ~e hold that
parties to an adm~n~strative hearinq could appeal under AS
44.62.560(a), ~hile expressly leaving open tho question as to
"~hether a non-party may also ha~e a ~iqht to appeal .... #
602 P.2d at 439 n019o ~e re~erred to the statutory definition o£
party as "the aqoncy, the ~espondent, and a person, other than an
officer or an employee o£ the aqenc~ in h~s o~ficial capacity,
~ho has been allo~ed, to a~ea~ in the proceedin~.# &S
44.62.640(b)(4) (emphasis in text of quoted op£nion, 602 P.2d at
440). It is evident that ~e construed the ~ord ~appear# to have
.the same qeneraL mean£ng as *'part~cipate# because ~e ~ent on to
· qu0~e ~it~ approVal the' £°llo~ng 'l~nguaq~ ~ro~" Appl~cation of
Bank o£ Rhame, 231 N.W.2d 801, 808 (N.D. 1975)t
6. AS 44.62.$60(a) 1s set out in note 3, su_~..
.._7.._ AS 42.05.551 ~e set out Ln. note 2,_..~uprat
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IA]ny person who is directly interested £n
the proceedings before an administrative
agency who may be factually aggrieved by the
decision of the agency, and who participates
in the proceeding before such agencyw is a
"party" to any proceed£ngs for the purposes
of tak£ng an appeal from the decision.
602 P.2d at 440.
The City of Kenai meets the test set out in Bank
Rhame, namely it (1) vas directly intere~ted £n the proceed£ngs,
(2) vas factually aggrieved by tho decision, and (3! partic~pated
in the proceedings.
The City's participation i~ established by its opposi-
tion to the tariff filin~ of Homer Electrico ~his opposition
fills more than £1fty pages of the administrative ~ecord and con-
tains citations to legal authorities and extensive arguments.
Because o£ the City's opposition~ the tariff vas suspended and a
public hearin~ vas scheduled. <h~uqh the City declined
party inte~venor status and did not present witnesses or
additional arguments at the hearing~ it was understoodw as stated
by the Com~ission's presiding ofticer~ to have ~nonetheless
stressed its opposition · · · and incorporated earlier
com~ents~~' ~h~ch were in £act considered by the Com~ission. ~he
issues presented by ~enai in its opposition constituted the focus
o£ the ~ublic hearing and of the Conwission*s order that
followed, ~his is sufficient pa~ticipation to achieve #party"
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status for the purpose of standing to appeal from an
administrative adjudication.8
We hold that the City of Kenai has standing to appeal
the Conu~ission's decision. We therefore vacate the superior
court's dismissal of the City's appeal and remand for further
proceedings consistent with this opi~ion..
VACATED AND RE~NDED.
8. See also Mahuiki v. Planning Comm'n, 654 P.2d 874,
880 (Ha. 1982)-~tan---~'nq-upheld where a person whose legitimate
interest is in~ured by agency action participates as an adversary
- appellants had submitted letters against proposed agency action
which were received as part of record) l Alfred I. duPont School
Dist. v. Delaware Alcoholic Beverage Control remission, 343 A.2d
600, 604 (Del. 1975! (under Delaware statute, when one becomes a
party to the record, either by protest received into evidence or
formal appearance in person or by representative, that person
becomes £o~nal "party to hearing*')! compare ~odel State
Administrative Procedure Act S 5-106, 14 U~L.A.
person to who~ agency action is specifically direc~ed, a person
who was a party to agency proceeding, or a person oth~wise
aggrieved or-adversel~.a~ected-.has standing-.to.--obtain .~udicial
review of agency action).
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HUOHES THORSNESS OANTZ POWBLL 8c ]~RUNDIN
May 8, 1987
~I:F'i.Y 'TO ANCHORAGB
Tim Rogers, City Attorney
City of Kenai
Kenai, AK 99611
Re: Burnett/Gol£ Course Matter
Our File No. 4567-1
Dear Mr, Rogers:
This letter is to notify you that my clients, Bi11 and Jt11
Burnett, have commenced surveying and initiated platting proce-
dures with re£erence to the access easement granted l~j, Kenai City
Ordinance 57063, in compliance with'current Kenai City Council and
MayoraX instructions provided et the City Council meeting of May 6,
1987. Xt is hoped that compliance with this most current Bet O£
instructions will allow £or a £~nal resolution of this much
delayed matter. We view this nott£ica~ton o£ the Burnetts' timely
compliance with these new indtructions as precluding the granting
of any con£1icting land leases by the City of Kenai.
Yours very truly,
'. POW~:LT. &
Seedorf
~HS:dl
cci Bill and Jill Burnett
Kenai City Council c/o Kenai City_Clerk
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CITY OF KENAI
olOFIDALGO KENAt, ALAGKA Sllll
TELEPHONE all · 7Sa!
May 14, 1987
James M. Seedor~, Ssq,
Hughes, Thorsness, Gantz, Fowell
& Brundin
509 #est Third Avenue
&nchorage, Alaska 99501-2273
Re: ~ill Burnett/CitY o~ Kenai Gol~ Course
Your File No. 4567-1 .
Dear Hr. Seedor£: ..
On May ll, 1987, we received a letter £rom you regarding Bill end
Jill Burnett. You ~ndicate that they have commenced surveying
end have initiated platting procedures to per£ect an easement
generally located along Candlelight Drive Bxtende~ in the City o£
Kenai.
Your letter £urther suggests that this action the Burnett's are
taking is "in compliance with current Kensi C~ty Council and
~ayoral instructions provided at the City Council meeting o2 Nay
6, 1987.' You should be aware that no instructions were
speci£Lcelly given the Burnett's on how to proceed. The City
~oes no~ vie~ your noti£ication o~ the Burnett'e action as
precluding any action by the City. Z£ and when the Burnett's
ever succeed' in per£ec~ing their easement, the City will at that
time review the records to decide upon an appropriate action.
Sincerely,
CXTY OF KENAZ
Rs. gaTe
City Attorney
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8, IIII
- CZ'L'Y OF
F. BH&Z, &~&SKk 996~
CON'I'RhC~ DOCUN~i~9 RBGk?ZNG ~0
or. DoOR RBCR~k~ZON NO. Il
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K~NhX HUNZGX~&b GOI,P COURSE
AHD
OU'.PDOOE RECRB&?ZON ARE& 140. ZX
~ABLE O~ CON~EN~8.
XNVZ?A~XOH POE BXDS .... · , ....... *
ZNS~RUCTXOH8 ~O EXDDERS ............
BID PROPOSAL ............ , .....
BZDDHR*H AFFZDAVZ~ ..... '* · o * ......
DZDDKR'S QUBS?ZOI~fAZRH .............
RAge Nos.
B-1 to
XBoX to lB-5
BI)-I to
BA-1 to BA-2
BO-1 to BQ-6
LEASE AND CONCESSION AGRHEHEN~ ......... LCA-1 &O LCA-9
TO ZNSURE ~HA? YOU HAV~ ZN YOUR POSSESSION ALL OF THE
DOCUI4gN?s LXS~ED ABOVE. ~RE CXTY #ZLb FURNXSH BZDDgRS ~_
#Z?il A COPY OF ANY MZSSZNG DOCUt4HI~S UPON R~QUEST, BUT A88U14ES
NO RESPONSZEXLX?~ SHOULD ANY OF THE RHGUXRED DOCUHEN'~8 BB
HXSBXNG ~ROMAHY BID PROPOSAL PACKAGE.
CZ?Y OF EHNAX
210 FXDALGO STRKE?
PENAl, ALASKA 99611
OFf AtlOtNlt
IlJJ~kl, dUAMA g9611
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Senled bide for the exclusive right ~o lease certain lands for
the construction and operation of s aolf course, par~ and
incidental recreational facilities in the City of Kenai #iX1 be
received a~ the City o£ficea,.3lO ridalgo Street, Kenai, AXaoRa,
99611. All bide must be received no later than 3s00
prevailing local time, on July 15, 1987, at #hich time and place
they will be p~blicly opened, and read. .
Bide may also be mailed to the City o£ Kenai, 310 Ftd~Igo
Kenai, Alaska, 99611, but must be rcceived in ~hu u~ce of the
City Hanager, prior to 3s00 p.m. prevailing lo=al time, on
July 15, 1987, to be considered.
All ip~ereeted par~iee, including ~emale and Hinority Business
Kn~orpriees, are encouraged to subset bid proposals, fie person
shall be excluded on the grounds of race, color, religion, sex,
or national origin.
The contract being offered is designated an the Golf Course end
Recreation Area Concession Agree~en~ So. ZZ and i8 briefly
s~unmsrized so
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~he obligation to construct and rights to operate the golf
eourne and recrea~ion area concession shell begin on July
~5, ~987, end terminate on December 31, 2005, unless
extended for an additional ten-year tern ss provided bY the
proposed leans. ,
Lot 3 and a portion of Lo~ 4, Section 3, ~SH, ell# an ibsen
XX~, RigHTs ORAHTBDt
~ho exclusive right to operate a golf course and recreation
area on the aforementioned lends within the City of
ZV. COHCBSBZO~ Feast
~he ouceess£ul bidder will bo required ~o pay in advance an
annual concession fee equal to the amount bid as annual rent
except for the first two 42) years whic~ shall be paid in
advance aa per eeregreph IX herein.
V, HIHZHUHBZDs
The minim~ acceptable bid will be aa follower
Ann~.~ent
erati Se o 8 ~,O00.00
Seoond through Fifth 8 3,000.00
8 S,000.OO
Sixth ~hrough U~gh~h
HLnth snd'~n~ .................... 8XO,~.~- -
B~oven~h ~hrough Roma~ndor of %n~a~ Tor~ ~,000,00
Add~ono~ ~erm ~f Lease 820~000,00
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YX..BID DBPOBZ?t
A bid deposit in the amount of $3,000.00 in esr;iliad funds
must be submitted with each bid proposal.
VIZ, CONSTRUCTZOHMfDDBGXGHCRITBRZAAHD SCHEDULE;
Bs=h proposal shell include plans, dre#imgl, and n proposed
construction schedule prepared and certified by an engineer
or archi;eot registered end authorized to do business in the
Stare of Alaska.
VZZZ, BZD~E~ QUALIFZCA~ZoNnl
Zn order to participate, in this offering, a bidder must be
able to demonntrste that since JanUary l, 1975 he complies
with all of tho followings
l. Has had st least three (3) yearn of direct experience
in the operation of s conu~ercial business with gross soles
of at leant $250,000.00 per location per year.
2. Has or is affiliated with persona having knowledge or
experience for design and corm;ruction of the proposed
fsc~lity.
IX, ADVAHCB GUAItANTBB
Upon sward of the contract, the successful bidder will be
required to execute ~he contract and pay to the City the
minimum concession guarantee offered by the su~cess£ul
bidder for the £iret two (3) years o£ the contract tern,
which sum will he deducted first from the bid deposit
already submitted.
A pre-award conference £or all potential bidders will be held st
City Hall, 210 Fidalgo Street, Kenoi, AlasKa, 9961l, on June 30,
1987, beg~nning nt llzOO a.m., prevaildng local tine. The
con£orenco w:Lll be conducted by the City of Kensi Land Hamster
and wtl~ include · general in;ormat~on brie;ing, a queOt~on end
answer session and an inopeetion tour of tho concession area.
;he bid documents mani~e;tin~ cna terms and conditions of
eoncess~on o;;ering may be examined and/or obtained from tho City
of Konei Public Wor~s Director, 2~0 eidalgo Street, Kenat,
Alaska, 996~ (;elephone; (907J 383-7535). The bid documents
include= (~) tbs Instructions to Bidders; (2) tho Speeimen
Concession Agreement; (3} t~e Bid proposal Form; (4) the
Applicant*o Af~idavit Form; (5) Bidder's 9ueotio~aire; end this
{6) Xnv~tat~on for Bids.
ALL DID PROPOSAL8 ~8T BB ~DB 0N fO~8 ~lSXgO BY THB
~he right ~s hereby reserved ~o re3eot any and 8~ bid proposals
and ~o waive any defe~s when, ~n ~he opinion of the Eenai City
Hamster, or his official de0ignee, suoh re3e~tion or ~aiver
be in the best ~ntereot o~ the Ci~, Zn addit~on, the
hereby reserve~ ~he r~gh~ to re-advertise for bid pro~smlo or
reo~hedute ~he ~id opening, ~ ou~ sc;ion is desired b~
CitY,
DATBI Hay 21, 1987 .
WA, J, 9rtghton,._CitY Henager
............... City bf 'KenaL
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XMSTRUC?ZON8 ~O BXDDBRS
KBNAX HUNZCZPAL GOLF COURSB
All b~ds must be made on the Bid PFopooG~ ~o~ms furn~ohe~ by the
~i~y (a~achod hereto), must be p~operly executed as provided
~hereon, and be addressed and deliver~d ~o ~he office o~ the City
Hanager, City of Kenai. 2~0 Fidalgo Street, Kahan. Alas,a. 996~,
no la~er than 2~00 p.m.. pr~vail~ng local ~Ame on July ~5, ~987.
Bids may also be mailsd ~o ~e City Hanager. City o~ Kenai,
Fidalgo Street. Kenai. Alaska. 996~. bu~ mus~ be received a~ tho
o~fi~e o~ ~ho City Hanager no la,er ~an 3~00 p.m.. prevail~ng
looal ~ime, on Jul'y ~5, ~987, ~o be Gono~deFod. ..
Each Bid Proposal mus~ be 8~mi~ed Afl a ~ envelops
clearly marked on ~he ou~s~de vi~h ~idder'$ na~ and the
~oZZoving
A. A eompZe~ed. ,~oned, and non,rimed S~d ~ro~oooZ
/
c. The Feq~Fed B~d DepooL~.
D. A ~omp~e~ed and o~gned D~d ~ueo~Lonna~Fe (Pages
BQ-6).
g. Design P~an drawings end/oF
Ho ~e~e or ~eZegFeph~c b~d propooa~o v~Z be oc~ep~ed. When
receLved by ~he C~y, e~Z bLd bFog)sale begone ~he proper~y of
~he C~y. ~hen b*d pFo~oa~s ere opened, a~
Supporting dooumen~o ~nd oga~emon~o be~omo pub~e Snforme~on.
BXD ~XSXON/VXTHD~WA~J
A bXddeF may ~Chdrew or revise · bXd pcopoua~ egger ~ h&O been
de,sited in tho oggice o~ the C~Cy Manager. 2X0 Fidalgo Street,
Eenai. A~esa8, 996~, provided t~e following condit~ono ere me~
A. The Bidder 8u~mits 8 written requeo~ for re~urn o~ his
bid proposal. (~he request must be 8i~ed bY the
bidder, or a dul~ authorized agent or officer of the
bidder, end
B. ~e Ci~F is able to clearly identify the bidder's
sealed bid envelo~ bY reading the Oidder'o
outside. Ho bid envelope will be opened for bidder
identification or any ether reason pr~or to the time
Bet for formal bid opening.
C. ~he vLthdrawa~ or revision is completed O~Sor ~o the
~ime set for opening of the bids. aevioiono ere
........... subject, to_~he oame requXremen~o _eS_.
Ho te~egraphL; b~d revLo~ono or withdrawals vL22 be
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Xn order to submit I bid proposal, a bidder must be able to
demonstrate that since January 1, 1975 has
l. Hue had st leant three (3) years of direct experience
in the operation of s eo~mercial business with groom sales of mt
least 8250,000.00 per Xocatiun per year.
2. Has or ia affiliated with.persons having knowledge or
expertise tot design sad construction of the proposed
Further, the bidder must be able to demonstrate that the
(3) years of required experience oocurred, within the period of
January l. 1975 to Juno 1. 1987, end that tho bidder was the
principal operator of said buninensieo). IPleaee refer to the
aid 9uostionnaire for specific requirements.)
~V, BID ~AC~OR$
~he minimum acceptable bid will he a lease guarantee as fellowes
ODeratin~ Season
First
Second ~hrough Fifth
Sixth ?brough Eighth
Eleventh ?brough Remainder of Initial ~erm
Additions1 ~orm of Lease
Minimum Annual
Rent _
$ ~,0o0.o0
2,00o.0o
5,000.00
lO,O00.O0
15,000.00
~0,000,00
Bid proposals may be retected under any of the following
conditionsz
A. l.. they chow any altera~ions, erasures, irregularities
o£ say ,ind or additions not sailed tot; if they are
eondi~ionel or inoompleto~ or if they fail to comply
with any of the requisite conditions.
B, It the Bidder is in arrears in any payments suing to
the city or in in default o£ any obligation to the
Cityr or in a defaulter as surety or otherwise upon day
obligation to the Cityr or has failed to perform
faithfully and diligently any previous contract with
the City.
C. If the Bidder fails to demonstrate that he has the
experience required under Item Ill (Bidder
9uali~lcatione) above.
In addition, the City reserves the right to reieet any or all bid
proposals and waive any detests mhen in its opinion such
re2ectton or waiver will be in the bent interest of the City.
~he right is reserved by the City to reschedule the bid opening
or re-advertise for bid proposals if such action is desired by
~ho City. -
All bid proposals must be accompanied by a certified shock or
cashier's check on a solvent financial institution doing business
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within the United 8tares of America, payable to the City of
Kenal0 in the amount o~ 02,000.00. The City reserves the right
to eeoh such cheek and hold the proceeds thereof pending tho
award of the concession contract.
~!
A. The lease award, if made, will be mede by the City
Kanager for tho City of Kenai, or his official
designee.
B. The bidder must be capable o£ performing a~l of the
terns and condition0 of tbs contract being offered.
The city nay request tho bidder to furnish eddit~on&l
tnfornacion, including financial information, to
determine it the bidder is quall£ied~
C. In the case of any discrepancy between the words and
figures in the Bid Froposal, the words shall govern.
D. The Contract award, if made, will be to the highest
reeponoive qualified bidder based upon the follo=ing~
1. ~he total minimum rent guarantee to be paid to the
City during the term of the contract.
2. The conformity of the Bidder to all of the terns,
conditions, and prerequ~sitea set forth in tho bid
doctunents.
3. Best interest of the City of Eanai a8 determined[.~.
by the City Council. ,
For the initial two,ears of operation, commencing w~th the L988
season0 green fees shall not exceed five dollars ($5.00) per
person for nine holes of golf. Oreen fees subsequent to
first two yoare o£ operation shall be set at the sole option of
the Eenai City Council upon petition of sueceanful bidder. Said
green fees shall conetitute the only mandatory charge for use of
the golf course.
There shall be no other mandatory fee for use of the facility
than green teen.
~.v~C~XOH Of CONTRACTI
Execution et Agreement ' #ithin fifteen (iS) calender
days attar the City has mmlled to the auocessful bidder
the agreement £or signature, ~he Bidder must sign and
return the agreement together with any additional
montes required pursuant to the guarantee advanoe
stipulated under Ztem X below. Upon emmoution of the
agreement by the City, the succeaeful bidder's bid
deposit shall be credited against the minimum rent
guarantee payable by the bidder under slid agreement
for the first two (3) years of the contract term.
Failure to Execute Agreement - Failure to execute end
--recurr~the agreement,- togethez~_~ith_the guhrautee ....
advance, so that they are received by the City within
fifteen (~5) calendar days after the City nailed to y-~
successful bidder the-agreement far exec~ ~n~l ~_._
~uat cau0e for the ~ulO__~eJ~t;Of the aware ama Esr tho
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f~e.i~v~_~ of the bid deposit to the City. Zf tho
suceesa£ul bidder re£uoes or fails to execute and
return the agreement, together with the required
guarantee advance, the c~ty may award the agreement to
the next highest responsive qualified b~dder. Zf any
ouch bidder to whom the agreement is ac swarded refuses
or fails to execute and return tho sase in the time
specified, such bidder*e bid deposit shall Ii,swiss be
forfeited to the City.
The successful bidder must Qubsit an advance guarantee payment
tot he City when returning the executed espies of the contract as
requ~Lred under Xram ZX above i~ ~he bid d~poett required is not
su£giolent, said advance guarantee payment shall be the first
two {3! years* minimum rent guarantee offered by the successful
bidder for the first two (2} year0 of the contrast term, less the
bidder's $3,000.00 Bid Deposit. Said advance guarantee must be
made by a corti~ied cast2 or cashiaros cherr on a solvent
financial institution doing business within the United States o!
America, payabX~ to tho City of Kenai.
RETURN OF BAD DEI~OSZTSI
Bid deposits submi~ted by unauccoao£ul bidders will he returned
to them as coon GO possible AF~22 the agreement has been signed
by the successful bidder and the City, or if all bids are
rejected, all bid deposits will be returned,
XZZ.
xn the event of a ti~ bid by qualt£iod bidders, the tie will be
bro~en by awarddng the agreement to the bidder who hue
desonotrnted the most experience In ~he operation of qual~fying
retail business (es) sines aanuar~ X, 1975. as determined by ·
comparison of the aggregate years of verified experience listed
by the bidders in their Bidderta 0ueotionnaire in response to
Ouestion No. 6.
All bid propomels, inolud~ng any and all documents and/or
statements submitted with the bid proposal, become the property
of the City when received by the city. ~pon the opening of
sealed bids by the City, all such in£ormatXon submitted wi~h the
bid proposals becomes public information.
XZV. 9__RBuBXD CONFBRBNCBt
A pre-bid conference for ell potential bidders Mill be held at
City Hall, 3lO eidalgo Street, Kaset, &leaRs, 99611, on June ~0,
1987, beginning st Ils00 a.m., prevailing local time. ~he
eon£erenee #ill be conducted by tho Land Hsnsg~r and will include
· general information briefing, a question end answer session,
and an inspection tour et the concession lands. .
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OIlY ~ I~NAI
Bldderl sro rolponelbZe for carefully examining &Il do~umsfltl
relating to this agreement end 3udgo for themselves 812 the
circumstsnoes end cond~tions affecting theft bid proposal.
Failure on the part of any bidder to make BUSh examination end to
investigate thoroughly shell not bo grounds for any claim that
the bidder did not understand the conditions Of the bid proposal.
A1X bidders should also thoroughly famiXierize themseXves with
the concession site conditions.
XVZ.
OBHERAL CONTRACT XNFORHATZOHs
A. The City o£ Kenai 2s offering an opportunity to do
business off City band8 and does not in any way
guarantee s profit of the operation of the concession.
S. The effective date of the contract shall be July 15,
19e?, and shall terminate December 31, 2006.
C. Zf du~ing tho Corm o! this contract being the city
wishes to add additional lends to the golf course, the
City w~ll g~ve the ouoeossful bidder s right of first
refusal to said golf course lends on terms end
conditions determined solely by the
D. Zt ~s antl~ipated that the vaXue of improvements
required to tho concession premises, which cost will bo
borne solely by the successful bidder, will exceed
$3000,000.00 Dollars, and consist primarilx of
clearing, burning, excavation, fill, water service
lines and wells.
E. The City may require of uny bidders, other than sole
proprietor~, signed surety guarantees from ell
principals, agents, Directors, stockholders, end/or
officers of the oueces0ful bidding entity.
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ROGERS
cffY oF KINA!
IINAI. ~MASIA ~lI
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B~z.p__ERPi)ofJJ~h~
ESHA! #UHZC'rpAI, OOt.r COURSe
AND
RECREATION ARBA NO, ZZ
Dates
city el ~enai
Kenai, Alaska 9~61~
Oontlemen~
The undersigned (person, partnership, Joint venture, -
corporation), hereinafter called the Bidder, hereby offers to
enter into a golf Course Gad Recreation Area Concession Agreement
covering certain rights and privileges on lands within the City
of Eenai. In connootion with this oiler and in addition to
terms of tho prpposed lease, tho bidder otfers to pay
following annua~ minimum lease gusrenteet
Second Through Fifth
Sixth Through Eighth
Ninth and Tenth
Eleventh Through aem~inder
of Znitial Term
Etnimum Actual
Acceptable Annual
8 1,000.00
8 2,000.00
8 S,000.00
810,000.00
830,000.00
This oiler lo made sub,eot to the terms and conditions of the
znvitatiofl ~or Bids dated Hay 21, 2987, end the Zflstructloflm to
Bidders and Specimen Concession Agreement issued by the City aa
part of the offering for the oub~eet Concession Agreement.
Attached hereto and made a part of this offer are the follouingt
l. A completed, signed, and notarized Bidder's Affidavit
(BA-I to Bi-2).
2. A completed end signed Bidder's Questionnaire (BQ-t to
3, A bid deposit in the amount of 83,000,00 in the
following form~
A certified or eaehier*a cheek on s solvent financial
institution doing bUlinele within the United States of
A~erica, payable to the City of Kenai. ?he Bidder
hereby acknowledges the CitY*n right to cash such chec~
immediately following hid opening and to hold the
proceeds thereof until the award process Il completed.
T~e Bidder offers and agrees that the city shell ha~e
unrestricted access to the books and records of the Bidder for
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the purpose of verifying all representations made by the Bidder
in conneet~on with thio Did Proposal. Bidder further agrees that
any such investigation or audit performed by the City shall be at
the expense of the Bidder.
4. The required Design Plan drawings and/or
specifications.
meoeptanee of offer by the City o; Kensi0 the Bidder will execute
end deliver the Agreement0 together with tho required Guarantee
Advance and any required bondp and insurance certificates to;
City Manager, City of Kenmi, 210 Pidalgo Street, Kenai, Alaska,
99611. 8aid Guarantee Advomee will be tho minimum lease
guarantee o;fered in thio aid Proposal tot the first two (2)years
of the eontrect term end wil~ bo in tho f~rm of a certified or
cashier's check on a solvent financial institution doing business
in the United States of America.
Xt is-understood and ~greed by the Bidder that failure to e~ecuto
end return the concession agreement, together with the Guarantee
Advenee payment in the time specified, shall constitute a breach
of thio o£fer o~ the part st the Bidder; and that upon such
breech the deposit here~nnbove referred to shall be for£eitod to
the C~t¥ of ;ena~. Time ~e of the essence in the execution end
per;ormence of the obligations under thio Agreement.
This offer may be accepted or re~ected by the City of Xenai by
written not,ce to the Bidder at the address stated on Page
Sincerely, (CORPORATE SEAL) (
Nome of Bidding Corporation,
Company, or Parson
Signature
~nd~vidual Surety
XndividuaX Surety
S?A?S OP ALASKA )
)
THIRD ~UDXCXAL DiSTRiCT )
THX8 IS TO CERTIFY that on this day of
,., :g8~, before me, the undersigned, s Notary
Public tn end for the State of Alaska, duly commissioned and
sworn, pereonaXXy appeared ,., , ANGUS
to me end to me know to he
of
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CdY AffOINlY
~ Gl KINAI
llINfd. AiASfA ~ll
laa~uted the foregoing lnltrumsnt, ifld hi aekflow~edged to mi that
he executed tho aims for and on behalf of Ilid ~orporKton, end
that hi ~1 fulXy suthorined by laid ~orporation IO to dot and
Chit tho so.ore, ses~ affixed to lied instrument to tho
corporate .8% Of aa*d .rporetion.
ZH 'ZTNESS WHEREOF, X have he.unto set my hand and affixed
mY offi~*al seal the day and year above wrttten.
NY ¢om~aston Exp~reel ~
STATE OF ALASEA )
) as.
~HXRD JUDXCXAb DXSTRXCT )
THXS XS TO.¢ERTXFY that on thcs day o~
,,.,. 198__, before me, thd undersigned, m Notary
Publt~ tn and ~or the State of Als.a, duXy ~om~tastoned end
sworn, personally appeared . known
to me and to me ,now to be ~h~ po.on(s) named he. An and
executed the foregoing instrument, end (he, aha,
soknow~edged to me that (he. she, they) a~gned the same os
her, their) frae and voluntary n~t and deed w~th full know,edge
of its contents, ~or the uses end pUrpOses thero~n mentioned.
ZN NXTNESS WHEREOF, Z have hereunto set my hand and affixed
Notary Fublto ~n and for A~aska.
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ely AI~OIN~y
CiTY Ol KINAI
deposes and abyss
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D..XP_~. B~B .AYFZDAVX?
, being first duly sworn
The Af£tsnt (aa Bidder or as representative or
of£icer of bidder) has carefully examined all
documents relating to the Oo~f Course and OUtdoor
Recreation Area~
II. The Biddez acRnowledges that sit the dec,monte sad
itate~ents e~,bmitte~ eith the Bid Proposal become
the property of the City when received by the City
end become public informntion once the bid
proposal is opened!
The Bid Proposal titsd herewith is not made in the
interest of or on behel~ of any undisclosed
person, partnership, company,
organization, or corporstion~
~ho bid ia genuine end not collusive or a shem;
V. The Bidder hen not, directly or indirectly,
induced or solicited any other bidder to put in n
false-or shem application end has not directly or
indirectly colluded, conspired, connived, or
agreed vith any bidder or anyone else to put in
shem bid proposal or that anyone shall refrain
from bidding~
VI. The Bidder ~aa not in any manner, directly or
indirectly, nought by agreement, co~ununication, or
conference eith anyone to fix the price of the
bidder or of any other bidder, or to fix any
overhead, profit, or coot element o~ ouch~bid
price ~r that of any other bidder, or to secure
any advantage against the City of Eenai or anyone
interested in the proposed Concession Agreement=
VII. AIl statements contained in the bid proposal and
supporting dooumcntc are true! and specifically
with respect to tho in~ormation sot forth in the
Bidder's 9ueotionnaire submitted herewith, all
information and data net forth therein ia complete
and current, end ell businesses 0et forth in
response to question number S actually generated
annual gross sales in excess o~ 8250,000.00 ~or
each year eot forth.
The Bidder has not, directly or indirectly,
submitted hie bid price or any breakdown thereof
or the contents thereo~, or divulged internecine
or dates relative thereto, or paid or agreed to
pay directly or indirectly, any money or other
valuable consideration 'for assistance or aid
rendered or to be rendered ia procuring or
attempting to procure the lease agreement above
referred to, to any corporation, partnership,
company, association, organization, or to any
member or agent thereof, or to any other
individual! .
IX._ The Bidder will not pay or agree to pay, directly
..... o-r~d£~-oc~ly, ~ny 'money-or o~bor valuable ........
consideration to any corporation, partnership,
company, association, organization, er to any .
DA-1
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lndtviduela for aid or aaaietance in aeeuflng the
agreement above rare.ed to in the event the mane
Il afforded to the Bidder!
to the city nor ia he in default of any obligation
to the City! nor ia he a defaulter as
surety or otherwise upon any obligation to tho
City; nor ham he failed to perform feith£ullY and
diligently any previous contract with the City,
., 198 ·
on Chic ~
SUBSCRZBED and 8#OaH co be£ore me
a Notary Public in and for the Stake of
this . day of , 198 ,,
H~t~ry Public in and for c~e state
of
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C]JY AT~(]IMV
HUNXCXi)AL OOL~f COURSe
AND
ItBCRBA'Z'ION AKBA
BZDQUBS~XOHN&ZItB
All information requested in this 9ueationnsire must bo furnished
by the Bidder, and must be submitted with the Bid Proposal.
Statements must be eomplete and saturate and be presented in the
torn requested. Omissions, inaccuracies, or misstatements in an
Bidder*0 9ueetionnaire may, at the discretion of the City, he
grounds £or rejection of the bid proposal.
Hame o£ the Bidder exactly es i~ is to appear on the
¢on~eosion Agreemehtt
Hailing address o£ tho Bidder for con~rnct
adminLstration purpooeaz
4e
The Bidder, i£ selected, intends to operate the
facility as (check one)z
( ) Xndividual ( ) Joint Venture (.~'
( ) General Partnership ( ) Corporation
( ! Limited ~srtnerehip
If tho Bidder will operate the concession as ·
partnerehi~ or Join~ venture, A~tach s copy of .the
partnership or Joint venture agreement sad answer the
following questionsz
a. Name, mailing address, and share at each partner
or ~oint venturor~
Na~ ~drea~ ~
Date of Organizationz
Agreement recorded at~
BoroUgh/CountY/Judi~ial D~ltrict
d. Zt partnership, or Joint venture Lo registered /
. . . #i~_the Brats st ~la_ska~ Department st Conunerc(~
state date o! registrattont .... ·
state ............................ b~e ......................................................
I)RAFF
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corporation, answer the
&. Date tnoorporstedz
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b. Zf corporation is registered with tho State of
Alaska, Department of Commerce to do business in
tho State of Alaska, state the date of
registrations ·
c. Name, mailLng address, amount of stuck held
(number sad t~pe), and experience ~n the retail
sales business of the following corporate officers
and Board of Directors men~0ersz
Address
,,.,
Experience:
Address:
Bxper~encez
Name
Addreost
Experiences
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~.~es~ure~s Name
6teaks
pOA~D O_~F._PXREC?OR8
~ha~rman: Name:
Addrooos
8toc~:
Expe~ence:
J~l Nemel
Addreoa:
Stocks
Experiences
I~l~ber: Names
Addreeot
Stocks
Experiences
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A~dreBat
Bxpor~enees
:I:HDXVXDUAI~ SURETY
Zfltereat and Position with Corpo~attont
&ddreee~
Interest and ~osition with Corporetiont
Hame~ --
Addrosst -- --
~tereet end ~osi~ton
blat the ten (lO) atoekholderl ovn~ag the largest
amount 0£ stock in the corporation
corporate o££ioera and men~era o£ the Board o£
Directors already listed under Question Ho.
above). ZndSemte name, milling address, and
number and type of shares held,
Addreeol ,,,
8toek~ ·
CI~Y OF KENAI
L....
Name S
Address=
Brock=
Names
Address=
Btockt
~ame=
Address=
8tock~
~ddrees=
Attach a description of the puaineeses whiGh the bidder
has operated since ~anuary l, 1975. List onl~thoss
businesses which generated gross sales in excess of t~-
$250,0o0.o0* per calendar year. The description ~u0t
~ncludo the following information £or eacA l~ted:
a. Business name.
b. Locat£on - Street address, city and state'
(country, if not located in the USA).
c. ~he calentar years during which the business
generated annual gross sales exceed=nb
8350,000.00.
d. The mailing address, telephone number, and contact
name for a mun~cipal government agency, CPA firm.
or other independent source(e) that can confirm
tbs accuracy of the data furnished by the bidder
in response thio Question No. 6.
Yinancial Re£eren~eo= Attach a ILo= of st leant two
(3) banks or other fipancial inat~tutionn with which
the bidder regularly does business. Include name and
address of the banks or institutions as well aa the
flame and telephone number of an o~ftcer of each who con
verify the bidder's ~inoncial standing.
The bidder 'offers and agrees that the City shell have
unrestricted occes8 to the books and records of the
Bidder for the purpose of verifying all representations
made by the Bidder in connection with this Bid
proposal. Bidder further agrees that any ouch
investigation or audit performed by the City shall be
st the expense of the Bidder. *
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The undersigned hereby vouch for the truth and accuracy of &Il of
the et&tenants0 answers, and representations mede in thio
questionnaire0 including ell supplementary statements attached
horuto.
{Zf B~ddeF iL a partnership or 3oint venture,
partners or members of the Joint venture must sign~
bidder is · corporation, tho signature of one duZ¥
euthoriled representative is su~£icient.)
Title
Title
T4tle
Title
Title
Title
DATE:
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CITY Oft IrJNAI
T~,N&Z HUNXCXi~&L GOb~ COURSE
J~D
RECRB&'~ZON J~E& NO. Z3C
THIS LEASE. nude and entered into thio day of ·
19~. by and between the City o£ Eenai. h'--~r-oinuftor referred to
aa CZTY. a body corporate under th~ laws o£ the SCats of Alaska.
wi~h offices at 310 Fidalgo s~Feet. Eenai. Alaska. and
?hat for and in consideration of the rent to be paid by LgSSEE
and the ~ons~ruction of golf facilities and other improvements
and surrender o£ ~he same in good oendi~ion to ~he CI?Y at the
termination of thio lease and the other consideration given by
the LESSEE 'herein. the CZ?Y hereby lea~eo ~o the LESSEE. end
LESSEE takes and leases In an "aB iS" condition from the CITY.
that area of land doecrLhod and sho#n on tho attachment labeled
Exhibit "A" end mede a parc hereof, which Exhibit "A" is. at the
tine of execution of this lease, a Preliminary Drawing for Field
Survey. to be replaced, at a later date. by a Field Survey.
shall be produced by the CITY. and which shall bo conclusively
established as having hewn approved and accepted as a pert of
thLo Lease by the presence of signa~urss on behalf of the
and the LESSEE thereon.
Said leased area shall herein&fret be referred to as "tho
Premises.'*
TO HAVE AND TO HOLD .the same Premi,e8 unto LESSEE. uub2ect to tho
conditions end covenants herein contained, for the term of years
hereinafter specified.
· he parties hereto further covenant and agree an £ollowo~
A~TZCLE I
· he initial term of this lease shall be twenty (20) yearn.
oo~mencing the £iftesnCh day of July. ~987. and terminating at
midnight on the 31st day of Ueoember. 2005. Upon term~nation of
this Lease. improvements included, hut not limited to. those
listed end described under Article Ill. Paragraph A0 shall be and
become the property of the CITY and further upon the terminat~on
of this Lease. all buildings constructed by LESSEE on the leaned
premises under provisions hereof and all fixtures appurtenant to
ouch buildings, shall be and become the property of the CX~Y.
Upon oomple~ion o~ the twenty (a0) Fear initial term of thio
Lease. ~he bUSSES a~ its option, may renew ~ht8 Lease for an
additional ~erm of n~ne (9) yearo, oub~e=~ to ~he conditions and
'~ovenaflC8 eonCaSn~ horeSn~- ~Sagg'8 op~n-.to ~e~ku_sb~l.be
oxerc~sed by notice in writing to the CZ~. at lea8~ six 46)
mon~ha pr~or ~o ~he eerm~na~ton of ~he ~wen~y (~0) year
~erm. and oa~d op~ofl-o~a~ expire end Gosse ~t~ os
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CiTY (~ KII~M
J~3ILW
~Zpo_qp~ and Xmprpv~e~A
LESSES shall provide for the eonstructtdn end operation and
maintenance of · public golf facility and appurtenances, and the
Fremtaes shall be used only for such purposel unXooa consent to
some other use at the sole discretion of the CIty is obtained
from the CITY in writing.
Xt to anticipated that areas not being utilized for golf will he
available to tho public without charge for ~oggtng and other
not tnconsiote~t with or tn tru0tratton st tho premises primary
use es ·gOZf course.
LESSEE shell cause to be d~oigned, constructed, and installed
upon and within the Premises, at a value of not less than Tm~EE
THOUSAND (9300,000.00) DOLL~S and at no cost Co the
CITY, the improvements listed and descrtbed under paragraph A of
development ot.~he Prem~ses. Construction shall bo ocar~ed tn
(30) days af~eF ~ho date hereof and shall proceed with due
d~Xtgence until oompXot~ within one (Z) year and one hundred
twenty tX20) days tram the dace hereof.
A. Re~r~d Conocruet&on. LESSEE covenants that he
construct the
~. Regulation Nine-Hole golf ~o~se. A
nine-halo gait course will be constructed on the Premises, the
design and subsequent construction of whLch shall be equal to
ocher ~ourses existing tn Alaska. ~he design 8~aXX incorporate
minimum yardage of 3,000 yardsz the par 8hall be 36; the
greens shall each e0ntaSn a m&n&m~m area of 5,00U o~uare
Ch~ layout and conasructton shall conform with the best'practices
with applicable U.S. Golf Association reco~endaCtons.
capacity will be ;rovtded for all tees and greens.
B. Lack~f rae~X~tt~* LESSEE shall not be responOtb~o for
~o8~9 o~ any tmpFovsmenCo tn=Xudtng but not limited Co roads,
water and sewer, either on the premises or tn con,uneaten
a=eeSo thereto.
C. The LESSEE agrees that the goZ~ course end the other
improvements provided for herein shall be equally available
all adult me.ere of the public without discrimination.
d&s~rtmtnatton by the LESSEE tn the dispensing of food and
beverage as provided for herein oF tn the uae st any golf
facility horotnabove described on grounds gf rase, 0ex, religion
oF nattonaX or~gtn ohaXX be deemed to be a material breech o~
D. The LESSEE agrees that he wt~X not discriminate
any employs or applicant for empXo~ent, to be employed tn the
performance of thio Lease Math respect to his ~tro, tenure,
te~o, conditions or privileges of employment or any matter
ex~-uben baaed.on ~ b~na_.ttde oe~upactonaX qualification or
because of ra~e, sex, religion oF nattSh~X ortgtn;*.LSS~
understandothaC any such discrimination shall be deemed to be
material breach ot thio b~se
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~llY ~ KENAI
LEHSEE shell pay to tho City as rent for the use of the Premises
the followings
Second Through Fifth
Sixth Through Eighth
Ninth and Tenth
Eleventh Through Remainder of Initial Term
Additional Term of Lo~no
$.
$
$ -
For the purpose o~ thin Lense, "operating season" shell mean tho
period of time in any calendar year conuneneing on tho date when
LESSEE shall opsn its £sciXitiea for uae and enjoyment by the
publio and ending off the date when the LESSEE shall close its
facilities to the puhlio. Tho required minimum "operating
season*' shall bo £rom June 15 to October I of each year unlesm
otherwise agreed to by the Kenai City Council.
LESSEE agrees Chat all articles sold or used under this Lease
shall be of good quality and shall be oub~ect to the approval o£
the CITY.
For the initial two years of operation, commenoing with tho 1988
season, green fees shall not exceed five dollars ($5.00) per
person for nine holes of golf. Oreen fees subsequent to the
first two years of operation shall be set at the sole option
the Senai City Council upon petition of succeos£ul bidder.
LESSEE may charge reasonable fees for ocher uses during tho golf
season upon approvaZ of Council.
The premises under ~hts Lease ure eased by the CITY. However. it
is contemplated that LESSEE shall be aubEect to taxation upon all
personal property owned by LESSEE and used on or in connection
with the leased Premises. LESSEE covenants to pay any taxes an
may be lawfully assessed against such personal property.
ARTICLE IV
~o~esnton and HnintensncQ
LESSEE shall have sole possession Of, and responsibility for
maintenance of the Premises. including all improvements
conatruoted thereon. The CX~r shell have the right to inapeet
the Premises and to impose reasonable regulations to insure
proper ware, maintenance, and up,asp of tho ~remtoeo. The
of maintenance shall be tn keeping wtCh ocher goXf courses. The
CZ~, through tom city Hsneger, shall have the Flgh~ to require
that ~o Premises end improvements thereon meet general standards
o~ other municipally-owned end operated golf courses.
The CITY o~aXl advise the LESSEE tn Mrtttng of any deftcten~ tn
maintenance of the ~remtoeo. ~ho deficiency o~all be
within thirty (30) days, or within an appropriate period as
bo o~heFW~lO agreed.
A. Xn its operation on the leased premises. LESSEE
observe all applicable Federal, State end Huntctpal Laws end
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Ihsll take such aettons Il may be neeessmry to the protection o£
health, lafety, and sell-being st the p~blic.
E. LESSEE Ihell it itl expense, meet the zequtrements of
local and state health departments covering the handling and
dispensing of food end beverages, i£ applicable. Adequate toilet
facilities in socordance with the plans and specifications shall
be provided at locations on the golf sautes. Refuse and waste
materials shell be handled as required by sppliesble state and
local laws. ordinances and regulations.
C. LESSEE agrees to pay all public utility bills for
electricity, gao, water, end ell other utilities used or
c°nsumed, on the Premises and to procure at ~ts expense all
meters and permits necessary for making connections and
D. For purposes of pronoting the facility the CZ~Y may from
time to time Join with the LESSEE in holding major golf
tournaments of State and Hational signi£icance.
E. LESSEE agrees that winter usage (November L through Hay
l) of the golf .faoillty by tho peblie for purposes consistent
with CI;¥ policies of winter use on golf courses will be
permitted exaepting the clubhouse, tees, and greens areas, which
will remain closed unless otherwise agreed to in ,tiring;
provid~d, he,ever, that damage to the premises resulting from
such authorized winter usage shall be repaired at the expense of
the CX~Y.
AR?ICLE VI
During the term of th~o
force, or shall where appropriate, require LEBSEE*E contractors
amd euboontractors to procure and keep in foroo, the following
~nsuranceaf
A. #orkmen*s Compensation Insurance, sufficient to meet
State of Alaska statutory requirements, including $100,000.00
employer's l~abiXit¥ coverage, protecting aX1 employees of LESSEE
and employees of its contractors or subcontractors during the
term of this Lease.
D. Comprehensive general Liability Insurance, including
product with limits, as to bodily injury 1Lahilityo of
$1,000,000.00 for eaoh ocourrence end $1,000,000.00 Ln aggregate
and, ss to property damages, liability of SLO0,O00.O0 for each
ooeurrence end $100,000.00 in aggregate. Insurance policies
required by this paragraph shall name LESSEE aa Insured end the
CITY so an additional insured. Hush insurance shall be made
effeettve prior to the beginning of construction on tho golf
~ouroe and shall sever ~onmtructton and, thereafter, operation of
the improvements on the Premises.
C. comprehensive Automobile Liability Insurance with
limits, ss to bodily injury liability, of 9500,000.00 for each
person end 81,000,000.00 for each o~ourren~e, and, sm to property
damage required by this paragraph shall name the CZ?Y am an
additional insured.
..... D....F!Fe, Vandalism, Halioioua Hiochief, and e~tended
coverage insurance ~v~r~'a~I ~uildingS
during the term of this lease in an amount equal to at Lea.t
eight (~0~) pe~en~ of the full insurable replacement value of
ouoh building above fo~ndationo. $uch insuran=e polieiea shall
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be issued tn the ~oint names of the CITY and LESSEE end mhall bo
payable ~ tho CITY, LESSER end to any leasehold mortgagee, sa
Chair respective interests may appear.
Duplicate originals or certificates of 811 lnsuranoe policies
required hereunder shall be delivered to the CZTY prior to '
occupation of the Promises by LESSBB. The entire amount
collected tot losses under any fire and extended coverage
policies shall be held under Joint control of the CITY,
and any lea0ehold mortgagee, shall be made available to repair,
restore, or rebuild the damaged improvements. Any excess pert of
the insurance lund remaining after tho esot of repairs,
rebuilding or restoration is paid, shall be paid to the LESSEE.
In the event the insurance fund is tnsuffic~ent to cover the cost
of repairs, rebuilding or restoration, the excess cost shall be
borne by LBaS~K,
E. Reaseessment of insurance needs shall be made by Clef at
least every ~ive (5) yeare to determine whether or not in the
City*e sole determination the covarngo shall be increa0ed.
F. LESSE~ agrees that thirty (30) days notice in writing
ehall be given the CZ?¥ in the event of cancellation, termination
or materiel change of any insurance policy required hereunder.
ARTZCLB VIZ
~ar~or~nce and~Davmest Bond
#ithtn fi£teen (15) days after the execution hereof, LESSEE shall
furnish to the CITY, either performance and psl~uent bonds (wt~
corporaeo sure~y license ~o do business in ~e S~o~e of AlaOk
each in the amoun~ o~ O~S H~RED THO~8~D (8~00,000.00) DOL~S,
or a ceeb bond in tho emoun~ of TEH THOUS~D
DOLLARS, eond~ioned upon LKSSEK*S completion o~ construction
i~em8 described in Paragraph A of Article ~ in accordance
submi~ed plans and *opeci~cationo, end ehe pa~en~ bond
eondi~ioned upon the LESSKE*S pa~ent o~ ~he full coa~ of
labor, mu~erinlo; ~oo~0 and equipmen~ ~urnished ~or ~he work.
· he e~oremen~oned bond o~al~ ~n no way be construed ag a
lin~ta~ion on lebili~y, duff ~o de,end or ~ndemnifY, or ·
restriction o~ any other k~nd, and shall be payaMe to ~ho
as well as being subJec~ to approval by the cITY.
ARTXCLE VXXX
ho~tonmen~ of Lease
E~cept so provided tn Chis paragraph, Chis Lease shall not be
assigned tn whole or in part, unless and until the CZ~ approves
such eootg~ent tn writing, uhich approval shall not bo
unreasonably withheld. Upon written re~eot by ~he CITY, the
tdenCt~Y st Cbc holder or holders to any mortgage, deed st Crust
or security instrument end nil tndtvidumlo, cor~retton8, or
parties having a financial interest es investors or shareholders
with Cbs LESSEE in this lease, shall be provided the CX~ bY
bOSSES within thirty (30) days si such request, LBSSBB shall
the right to sublease the eremtseo or parts thoroo~ for seem and
purposes w~teh are tn accord with cbs provisions of this Lease,
only upon written approval by the CX~ which approval shall not
be unreasonably withheld.
ARTICLE IX '
~lodee o~
Z~O ~ndeFo~ood-~at in berrie ~U~ LESSE~ canno~.pl~e
~ortgage on ~e Premises or ~he ~ed ~mpro~emen~o placed
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thereon. However, it Le eontempZeted that LEssgg will he
required to borrow fundl for the initial construction of
lmprovenentl end that £ron time to tine during the term of thll
Leele it ~ey be dellrUhla or convenient for LESSEE ~o borro~
additional funds for eddLtlonal Inprovenent0 lltsretlone, repalre
or for other purposes. AccordinglY, it il agreed that LBSSEE ·
shell st all times during tho term of this lease have tho right
to grant rights of security in thin Lease end the leasehold
rights of LESSEE afeared by this Lease, provided, however, that
any such rights of security shall at ell times be subject tO, end
the right, title and interest of the CITY ee owner of the
Premises and fixed improvements plaeed thereon and the right of
the CITY to require the payment of ell rentals due hereunder end
the full and faithful performance of the covenants and conditions
of thio Lease by the LEBSZ~, ~vbJec~ ~O a~y ouch rights of
security, tho CITY shall have a lien upon all personal property
not daily exposed to sale, sorted by LESSEE and used on the
Premise to secure the payment o~ the rentals ee they respectively
coma due hereunder.
In the event at any time during the term of this Lease, LESSEE,
or anyone holding under LESSEE shell bo in default of any of the
covenants or e~nditione of this lease, then end in ouch event,
before for£ei~ure is invoked by the CITY, the holder of any
rights of security granted by LESSEE head all payments and do and
perform any and all acts end things ~hich may be necessary or
required to prevent a forfeiture of this Lease, and the party
making such payments or performing such acts or things shall
thereby and thereupon be euhrogated to all rights of tho LESSEe
under thio Lease. The CITY agrees, that, if requested in writing
by tho holder of any such rights of security, the CITY will send
to the said holder at the address opec~fied in such written
request copies o~ all written notices or demands which the
may serve upon LESSEE or anyone holding under LESSEE under end
pursuant to the terms of this lease or otherwise.
It is understood, h~ever, that the holder of ouch rights of
security, shall in no #ay be liable to Chi CI~ for chi payment
of any rent or for Chi performance of any other covenant or
conditions under this Lease until such time as it shall acquire
by conveyance erom the LESSEE, or by ~he foreclosure or othe~
proceedi~go provided by law or by ~he termo o~ any written
inatrumen~, all the rights, title and interest of fha LESSEE
under ~is ~eaoe; provided, however, ~ha~ any party u~o
acquire said rights, title and interes~ of the LESSEE, as above
provided, shall ~hereuwn and t~ereby become liable for the full
per~ormance and all pa~men~s thore~oeore and ~hereaeter re~ired
~o be made by LESSEE under ~he covenants and conditions o~
Lease, as ~ully and comp~etel~ and to ~he se~e ex~ent as the
LESSEE itoel2 ~ould have been i~ it 0till had retained i~s right.
title and in~eres~ hareunder. No~hing in this Article Xll
preven~ or delay the ~ermination of ~his hesse under the
provisions o~ Ar~Iclo X.
ARTICLE X
Cencel~otton~d
In the event LESSEE shall be declared bnnarup~ according ~o law.
or if any anstgnnent shall be attempted ~o be made of thio
for the boneti~ et eredi~oro (other t~en no herein ~rMtted) or
it LgSsgg shell ebnndon ~he leased premi0eo or in ~he even~
~tel-d~-hereunder-re~ins-un~d-for.t~rtF i30J,dnyn attar.
notice et nonpaynen~ given ~o LESSEE, ~hen tn any of enid events,
tho CITY may decants tho beane to be terminated and may enter
tn~o and-u~n ~he land covered.by ~t8~eaoa or~y
and repossess the same (including any and all improvements and
~notalled ~ix~ure8) and expel the LESSEE and t~ooe claiming under
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city of KINAI
it and remove ltl e£feetm, forcibly if necessary, #1thout being
deemed guilty of 'any manner of trespass and without prejudice to
Iffy other remedies which might otherwise be used for possession
or for arrears of rent.
AR?XCLE XZ
LESSEE shall protect, indemnify and save harmless the cZTY from
and egainat any and all claims, demends, end cMmes of action of
any nature whatsoever for in~urY to or death of persona, or lose
or damage to property, occurring on the Premises or in any manna!
growing out o£ or connected with the LESSEE'9-uso and occupation
o£ the premises or the conSitton of the Premises during the terms
o£ thio Loeoo.
To insure indemnification of the CITY, LESSEE shall procure and
keep in force contractual liability coverage eiCh limits as to
bodily injury liability of $1,000,00.00 ~or each occurrence and
$1,000,000.00 in aggregate, end ns to property damage liability
with limits of'$100,O00.O0 ~or each occurrence end $100,000.00 in
aggregate. A ~ertificate of inmuranee shall be delivered to the
CX~Y before occupancy of the Promises by LESSEE.
~aiver of
Any waiver by the CITY of any default or breach of thio Lease _
shall not he construed to be e continuing waiver of such defa~
or breach ncr aB a waiver or permission, express or implied, ~
any other ow subsequent default or breach.
ARTICLE XI~Z
F~qrce Es~eurq
Z£ by reason of strike, lockout, var, rebellion, material or
labor shortage due to o national emergency, fire, flood,
hurricane or other casualty, periods o£ excessive rain, or by any
other matter not within its control0 the CX~Vor LESSEE tn good
£atth end without fault or neglect on its parts is prevented or
delayed tn the construction of any condition except as relates to
Festal payments or the maintenance of tpsuranee which, under the
terms of this Lease, it is required to do os perform within a
specified period of time, the period of time eithin which ouch
performance was to have been sompleted shall be extended by a
period of time equal to that of such delay or prevention, end the
CI~Y or LESSEE, a8 the ease may be, shall not bo deemed to he in
default if tt diligently performs end completes ouch work or
novnnent or condition tn the manner required by the terms of thio
Lease within the specified period of time es so extended.
ARTICLE XlV
It is contemplated that the existing drainage within the Premises
utll be retained es the drain&ge way for the Premises. Any
~onetruction or relocation shall bo by LESSEE at LESSEE*8
expense,
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AR?LObE XV
This Xesee ie subject to sXX easements a~roel the Prsmteel that
are of ~ooord or which may be discoverable upon
&nBpeetton.
AR?XCLE
A. All references to tho parties to this Lease end
covenants, conditions and agreements of this Loess sheLL apply tc
and be bi~dtng upon the CXTYsnd LESSEE and their respective
heirs, executors, admintstratorn, legal representatives,
successors and assigns (when assignment ts made tn aeeord wtCh
the prey&atone hereot) es tf they ~ere tn earn ease tully named
to tn the otng~Xn~ and neuter gender. However, oue~ word9 and
aXX othe~ term8 and ~ords stied tn thio Lease regardless o~ the
number and gender tn which choy are used, 8ha~X be deemed and
construed to t~eXude any other n~ber (siflgu~ar or plural) and
any ocher gender, masculine, ~emtntno or neuter, 88 the tense
~he writing herein may require, the same as tt such words had
been fully and properly ~rttten tn the required nu~er end
gender.
B. All not~es Co the CX~Y shell be sent by ~erttfted or
registered mall addressed co ~he City Hanager, City of Kenat,
FtdaXgo Street, Kenat, ALaska, 996XX, or a~ 8u=h ether address
the CXTY may tn writing from time to time designate by ~rttCen
notice ~o the LBSSKK. ALI encases co LESSEE ohaXX ~ omni
certified or registered marx addressed to LESSEE at
or ~t such other address mo LESSEE
may from c~me co time designate by written noctae co the
C. This Lease ts made under the applicable Zawo of ~o
State o~ Alaska and te any term, ~lause, provision, part or
portion of this ~ense ohaXl be adjudged invalid oF illegal for
ony reason the validity o~ any ocher part or portion of
Lease shall not be effeeted thereby and invalid or illegal
olause, provision, part or portion ohaXl ~e deleted and ignored
as if the same had not been
D. ~hts Lease may ~e aXtered, modified or amended only be
written instruments signed bM LESSEE and the CX~ and approved
the CtCM Council of the CX~Y.
ZN ~X~NESS~EREOF, the parties hereto ~ave caused thio
tnotr~ent to bo signed and sealed t~e dar and year first obeys
CZTY OF KENAXs
Wm. J. Brighton
city Haneger
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~~ (~rtuont of ~evan~)
~ lB ~B~ U~ that tho ~l~oltc Beverage ~troi
uder outhortty vout~ by ~ 04.06.100. pro.neB to 6daFt a~ ~efld
rogulatto~ tn title 15, chapter 104 of the Alauka Mmtntstrattve ~e
~leMnt and clartly ~ttle 4 of tho Mauka 9tatute titled "Alcoholic
Beverages.~ Thio action t~ ~t exp~t~ to require an tncre~
appropriation. ~he pro~sals are de~cflbod heinz
~5 ~ ~04.105(e) to mond~ to chon~e l~ce~e application fees
m ~on~om to f~dJng r~utr~ntu ~u~ttted la the ~rd's
operating budget Ear ltuco~ year e~tng J~o 30, 1988.
2. t5 ~C t04.305 ts ~nded to change and clarify crtter~ for
destgnet~n of restaurant or eating pt~e rice.ed ~r~toe8
~tace t~ttatto~ on ~en, to ~, ~ ~ore
~verago. uy bo ~ld, .aryan, ~ ~ed under such · ttce~.
3. t5 ~ 104.525(4) b ~od M pr~tae t~t ~ether ~ttce8 of
v~tatton Mttl ~ ~6ued ~ at tho 8teff*o d~crot~, a~ tO
clarify t~ eff~t 6~ ~ of ~ttces of violate.
4. t5 ~ t04.690 ~ ~nded by 44dtng 6 n~ s~tt~ to estobt~
'ct~ ttc~e caterer's ~mtt' to e~bte biders of a ct~
ttce~e to sett alcoholic beverages at ct~ ev~ts ~t ~n tO
the ~ubttc 6~ held off · ct~*o prm~ ttce~ pr~es for
specific day, ~ent, nd t~,
~t~ ~ A~ O~ that ~y ~terest~ person mY pr.eat oral or
wttten star.ntB or er~ent, retev~t to t~ pr~ acrid.
~d ~tt ~M a public hepr~g for r~etv~9 ~ubttc ~nt8 et the
~deral B~dt~a. X~ C~ at ~0l 0~' Street, ~chorage, AlaokO,
t0~30 a.m. ~38,%98~.~Vrttten ~ents my be g~e W mtt~g t~
to tho ~tco~~trot ~rd at 550 u. ~venth avenue,
~horage, nteske 99501. Urttten c~nto m~t ~ r~etv~ at the
~rd*9 office by a~o 1% 198%
~ptes Of the ~r~ed r~tattoM may ~ obtain~ ~ wtt~g to tho
~ ~rd, 550 M. Seventh Avenue, ~c~rage, Ale.~ 09501 or
the ~reoe oeftce ~ttect at 311-8638. ~ptes ere aim avatlebb
tho ~Jrd*8 offices at the fott~g t~at~t 550 V. Se~nth Xven~.
~chor~ge. ~tosk~ 99501~ 635 Seventh ~venue, votr~n~, Atoub 99501.
~ or oiler ~uty 8, t981, the ~t~ottc ~verege ~ntrot
tis ~ Milan or at the t~ta~e md any interested ~r~n,
the boating end .rttten ~nt Fert~ ~t pr~sats .tthtn the
of thio ~ttco .trOut furt~r ~tice or my d~tde to tab
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INFO
KPB - ~,AND REQUEST FOR
COUNCZ~. 5-20-87
CITY OF KENAI
.I
~0 ~DA~O KEN~, A~
Hay 12, 1987
Hr. Sam Best, Administrative Assistant
Kenai Peninsula Borough
P. O. Box 850
$oldotna, Alaska 99669
RS: Kenai Peninsula Borough Land ~rana£er £or Ball£$elda
Dear Hr. Best:
The Council o£ the City of Eenai st..their Hay 6, ~987
meeting directed me to contact the Eenai Peninsula Borough
with a request for a land transfer £rom Borough ownership to
the City o~ Eenai. The piece of property ia needed ~or
recreational purposes and is located in Section 36 next to
the Eonai Peninsula Borough land~ill.. Please see the
enclosed drawing.
The area inside the heavy dashed lines is City property and
ia presently being surveyed and platted. The City Council
ia considering dedicating this ~ 25 acre area £or parka and
recreational purposes, mainly £or hall £ields.
· he area marked with an X is Eenai Peninsula Borough land
that the City of Kenai ia requesting. Zt is an area o£
660.26* x 1320.20' and ia needed to complete thio
recreational area.
I am sure you realize that there are close to 8 thousand
Borough residents involved in Eenai baseball and/or softball
. recreational programs on the peninsula and that there ia
. a serious need for playing fields. The City o£ Kenai
welcomes all participants and the programs are growing
tremendously.
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This trans£er o£ land would be help£ul in the development o£
our programs, l£ you have any questions, please ~eel £ree
to contact Bill Brighton, City Manager, Kayo McG~llivraY,
Parks and Recreation Director or mys~l£.
Sincerely,
Public #orks Department
l~/dg
Znclosure
Kenai City Council
Bill Brighton, City Manager '
Kayo MeGillivray, Parks and Recreation Director
Faye ~ullholland, Little League
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STEVE COWPER
April 28, 1987
Ms. Janet Whelan, CMC
City Clerk
City of Kenai
210 Fidalgo
Kenai, AK 99611
Dear Ms. Whelant
As you requested, enclosed is an Sxecutive Proclamation from
Governor Cowper proclaiming the week of May 1 - 7, 1987, as Elks
National Youth Week in Alaska.
Please feel free to contact members of the media to call their
attention to this event. A copy of th£,~ proclamation will be
forwarded to the state library, as well as ko the Governorts
regional offices, where copies will be available tO the general
public.
I hope this meets youc needs. Please feel free to contact me if
! can be of further assistance.
Sincerely~
David Ramseur
Press Secretary
to the Governor
Enclosure
4
EXECUTIVE OIAII~"OR
Pauta P. Easley
IXECUTIVE COMMITTEE
~ J. a~fie~, P~denl
~hn Fo~ke, V~
~_R, H~n. ~e~,
~ ~ughman, Tma~mr
8heron E, AnOa~n
8te~n M. EIlil
Uwe L.
Phil fl. Hotds~h
~ T. Kal,ay
~ H. "Pale"
E. ~m~ Pmge~
~ Rense
Oaffell F. ~th
R, ~.
~ M. W~
~AE~OR8
~ A~n~
Earl H. BeleUine
Re; I.
~e~ ~a~ '
Ke~ M. ~Oail
~ E. Clark
James v o~ -
Jmfl O.'"Bud" ~
F~ O. E~gh
~ Kn~
~ ~, P~I
O~ O~ln
R~ A. PEu~
O~ T~
j;'
DA~E: Sunday, ~ay 17, 1987
TXHBs 3t00 p.m.
L~TIOH= Resource Development CouncL1 ~or Alaska, Znc.
Conference
~he ~ollov~ng L~ems vLll be ~opLca o~ dL~cuasLon=
1.) RevLev ~be rLohef~e8 ActLon Plan
2.) Gove~no~o ~ea~ood Industry AdvLoory CouncL1
3.) Resource co~Lttee coo~dLna~Lon
4.) Future ac~Lon
XLchael
D~v~sLon Chairman
RlChl#l W. l'lfldl,
~R _u~y j. Tmsc~r
UII~ P.Jo#oh E.TubI)~ U~belll, ................... Jr.
· '.,m,P~w.~ _
8eflator Ted 8tevefla
8lnltor Frlflk Murkoweld
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DI/,P~RTMI;,,NT OF II~VF, NI~IC
ALCOHOLIC BEVERAGE COIVI'ROL BOARD
April 20, lgS'l
55O W, ?;H AVE
ANCHORAGE, ALASKA 995(//.6699
The Honorable John J. Williams, Playor
Ctt¥ oE Keflat
210 Ftdalgo
Kenat, &tasks 996tl
Re: Application for renewal of package store liquor license,
One 8top- Kenal, htaska
Dear 8ayor Wilttame:
At its meeting of Aprtt 8-g, 1957 'the &tcobottc BeverageC0ntroi
Bo~rd considered the above application. According to the board's
tnformatton, the Ctty of Kenat City Council protested the &pplicatton
tmder A9 04.11.400. Under the statute the bo~fd may not approve the
applicattonunless the board finds the protest ts arbitrary, capricious,
end unreasonable.
Board members reviewed the protest and heard testimony frae the
applicant/licensee which was supported by the enclosed letter. Because
the matters noted tn the protest were satisfactory or of no concern at
tho time of original application, the board believes that to raise tho
issues at this jtmctute t8 inappropriate. ~herefore, the board adopted
the licenseo*s letter ar.~ found the city*8 protest to be arbitrary,
capricious, and unreasonable and the application for 1987 renewal was
approved.
Under A8 44,62 the City o~Kenai may appeal tbo board*s decision by
filing a written appeal within fifteen (15) days ~rom receipt of this
letter, ~n¥ written appeal must bo filed with this office.
If you have any questions, please do not hesitate to call.
Btncerel¥,
patrick L. Bharrock
Director
(907) 277-8638
F~:T'' .......... ~'-;2 ............... ~-- , ~F- --
· ' ,~',' cci Hr, Dan co[fey0 ~ttorfle~
':~:; Hr. Roger ~yd, President - ~y8 Ltd,, license
Certified
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DONALD D
law O[flce~ of
KAY. SAVILLP-,COI'FEY, IIOI'%'OOD ~r D ,r.,
A I~.OrI~SSIONAL CORrORATION
April 7, 1987
N~. Pat Sharrock, Director
State Department of Revenue
Alcoholic Beverage Control Board
550 Nest Seventh Avenue
Anchorage, ~K 99501
Dear Mr. Sharrock and Ne~be~s of the Boardl
As you are aware, this office represents licensee. In
February, 1987, the City Council of Kenai, Alaska voted to
protest the renewal of One Stop Liquors' package liquor
store license. Ne would like to take this opportunity-to
show why the City Council acted arbitrary, capricious and
unreasonable in making this objection.
Council's objection $1, "?he manner of posting o£ the
property where the package store
was located."
The property was posted in accordance with all laws, regu-
lations and under direct advisement of the Alcoholic
Beverage Control Board's office. ~y clients called the ~BC
office on numerous occasions with questions about the
application. Specifically, they asked about using Mile 5,4
as the legal description and were told this would be better
than a lot and block number because more people would know
it*s location. The on site posting was on the front
property line, not in the right of way adjoining the
property. Ne feel the Council's objection on this point is
arbitrary because our clients adhered to the laws and
regulations of the ~3C Board. ?he Council's objection has
no lawful grounds.
Council's objection #2, "The controversy surrounding the
placement of a package store at
this location disrupted the entire
neighborhood."
The issue of location was addressed by both the l~enai City
Council-and- the Board-when-the application-was first made -in'
1985. It was resolved favorably to the applicant after two
public hearings.
Nothing about the location has changed
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Hr. Pat iharrock, Director
April 7, 1987
Page 2
since the original decision to issue was made. The zoning
and comprehensive plan for the city remain tho same as they
were in 1985.
This whole block has been zoned commercial for over 23
years. Three adjacent property owners petitioned the City
to rezone the entire block, but withdrew their petition
after we successfully excluded our lots from the rezone.
They are now seeking to limit the commercial use of our
property even though it has been approved by both the City
Council and this Board.
The Kenai Comprehensive Plan in addressing the goals for
commercial development within the city of Kenai states,
"Commercial development outside the business district has
been accommodated through two zoning categories-Neighborhood
Business and General Comaercial. The Neighborhood Business
category- accommodates convenience-or~ented and commercial
land uses, such as neighborhood grocery and drug stores,
service stations, laundromats, etc. These commercial land
uses would be located within
the neighborhood for ease of
access." At the present time the closest facility where the
people in this neighborhood can go to for any convenience
item is 5 miles. We have had numerous people in the sur-
rounding neighborhood tell us that they are anxious for this
facility to be built.
We feel that the Council is unreasonable to object on the~e
grounds. The zoning is correct. The proposal meets
requirements of the Comprehensive Plan. The only problem is
with three adjacent property owners who don't want commer-
cial development on a commercial lot. It is arbitrary for
the Council to succumb to the protest of a vocal minority
and assume that a "entire" neighborhood is involved particu-
larly when the issue was addressed and resolved in 1985 at
the time of the original application.
Councilts Objection #3, "Non-Construction of the store has
left a cleared lot, that has opened
to neighboring property, baring it
to the highway. In doing so these
properties
have
devalued."
At its August, 1986 meeting the Board voted to extend the
facility until July 1, 1987. In Septenu~er one Kenai City
Council had this decision in their packet a~ an
i~f0~ma~0~al item and made no objection; Financing for the
store has been secured and the construction will be complet-
Mr~ pa~ SharrOck' D~=ector
April 7, 1987
Pa~e 3
The Kenai Landscape Reviuw Committee approved the plot plan
for this project in April, 1986. The amount of remaining
trees and undisturbed area on the site is app~oximately six
times greater (30%) than the 5% minimum required by the
Landscape ordinance. At the request of the Landscape Review
Committee, an eight foot high sight obscuring fence was
included along the real property line as a buffer to the
neighboring property. The site work was completed during
the sum of 1986 prior to the time extention granted by the
A.B.C. Board.
In the lastthree years the City of Kenai has-leased several
large tracts of land to developers who have clear cut their
lots. The city allowed one developer to use this lot
clearing to satisfy the land improvement clause in his
lease. Another large tract was leased to build a Fred Meyer
store in 1986. Because of. the slow economy, construction
has been delayed Indefinitely by Fred Meyer, yet the city
continues to extend their lease.
Inasmuch as the Kenai City Council was informed of the time
extension by the A.B.C. Board 'for construction of the
facility and the city's Landscape Review Con. lites had
previously approved the site plan the Council's objection on
this point at this time is arbitrary, capricious and
unreasonable.
For the City Council to asset{ that "properties have de-
valued" and base a protest on this point is to operate
outside the scope of their authority. The people of Kenai
have established a zoring ordinance. One of the chief
functions of zoning ordinances is the protectioD and mainte-
nance of property values. (See City Attorney's memo
attached.) The Council's reasoning that the adjacent
properties have been devalued is arbitrary, capricious and
unreasonable.
Council's Objection #4, "Because there has been no
construction of the package store,
there has been no revenues coming
into the City of Kenai. Had the
'license been awarded to another
interested party, the license could
be in use at this time and revenues
collected."
--~ ........... If the Kenal City-Council--were-truly-concerned--about hales
'~, tax revenue, they would not be making this ob~eotion. This
"~' .... objection could-make:the-new-construction-less viable
depriving Boys, Limited of a valuable license. The Council
is aware of Legislative changes that doubled the population
required for each Package Store License. If this License is
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Nr. Pat Shar=0c ,
April 7, 1987
Page 4
not renewed at this time, the population of Kenai will have
to double before another Package Store License is available
in the city of Kenai. This objection lacks logic and is
therefore unreasonable.
As you are aware, there is a recent Supreme Court opinion
dealing with the Board's ability to dete~mine if action by a
local governing body is arbikrary, capricious and unrea-
sonable. A copy of that case is attached.
This case is easily distinguishable from the Fairbanks Bar
case. First this location has alread~ been reviewed and
approved by both the City Council and the Board. Secondly,
this ~s a renewal not a transfer of location. Third, the
Council's reasons for protest are not valid as outlined
above.
Although the Board cannot #s~bstitute its ~udgment~ for that
of the City Council, it can and must look to the reasons
state ~or the Council~s ob~ection. As ~e have outlined
abovet these reasons, unl£ke those in the Fairbanks Bar
Case, are not valid. Ny clients are asking the Board to
find the protest to be arbitrary, capricious and unreason-
able.
Sincerely,
KAY, S~VI~!~-C~OFFE¥, ~'-
Enclosure
February ~0, 1987
CITY OF I(ENAI
IIOF'IDALOO KENAI, ALASICA 09011
TELEPHONE a83 * 7636
Ns. Betty Calhoun, Records and
Licensing Supervisor
State o£ Alaska Department o£ Revenue
Alcoholic Beverage Control Board
550 West Seventh Avenue
Anchorage, Alaska 99501
Re: Boys, Limited, d/b/a One Stop Liquors
Dear Ns. Calhoun:
At their regularly scheduled meeCing o£ February 4, 1987, the
Kenai City Council voted unanimously Co object to the renewal of
the above-referenced liquor license, ?he Council enumerated the
following reasons for their ob~ecCion:
l, Tho manner of posting of the property where the package
store was to be situated,
2. Tho controversy surrounding the placement of a package
store at this Location disrupted the entire neighborhood.
3. Non-construcCion of the store has left a cleared lot
that has opened neighboring properCy, baring it to the highway.
In doing so, those properties have devaluated.
4. Because there has been no construction of the package
store, there have been no revenues coming to the City of Eenai,
Had the License been awarded to another interested party, the
license could be in use at this ties and revenues collected.
Ii you have any questions, or require any further information,
please do not hesitate Co contact this of£ice.
Sincerely,
CZTY OF KENAI
..?urt to the ,(upeHor court fm further pro-
cedings. .'~a: e41.. Conti,e,tnl I,sltr.
,,ct t'o. ~ l',ited States ~idelitg
:;,mrnnty {~.. 528 P.2d 4an (Alaska
*:pl,'nt ~tter n. mand 55~ P.~d 11~2 (Alas-
'~a I~T6): IlTste~ Airlhtes. Inc. t..
.~,.no Co.. 4~9 P.2d 10la (AI~
u~p~'ai atYer rema,d ~5 P.2d 1209. 1216-
'.~ ~Alaaka 1975~: MeCog ~ Alaska
~.. a~9 P.2d 1009 gAlaska t964t, appeal
*tter remand 400 P.~d 4~4. 457 lAiaska
~21 The cou~ did not. however, abuse
:~ ,i~eretion in dete~ining that neither
.:arty had prevailed. The Curtisses claimed
~c t~*~cev turned all of ~t la. At the
.... ~ c:~mt was re~oived against them aaa m
:.rot of ~he Hubbards. This ad~udicauon
.vas not greatly changed by our decision on
~:pea, One corner of Lo~ 13 was orde~d
::ansierrea to the Curtisses. This appears
:: i,e aooat on~sixteemh of the entire lot.
'~ Curtisses have acknowledgeo that me
verio~ e.u~'s pre.appeal .determinauon
'.;at ~lellher natty' had prevmled was not
. ?r,~r. ~'~ut d~ision did not ehan~e the
.aaenvm~ ~uu~ment an aigmficant~g ti:at
?.'e ur~ auie to sag that the court abused its
atsctetion in persisting in the view ~hat
neRhet pa~y won this lawsuit.
AFFIRMgD.
STOLTZ v. CITY OF FAIRBANKS Alaska 1155
caf aa ?o~ P, ld I I.~.q (&laikl 19#$!
Avenue. Tim city council protested move.
but the Alcohol Beverage Control Board
found protest to be ~,rbitrary, capricious,
and unreasonable, and-approved move.
City appealed. The Superior Court, Fourth
Judicial District, Fairbanks. Gerald J. Van
Hoomissea. J.. reversed, disallowing move.
and bar owner appealed. The Supreme
Court. Matthews. J.. held that: d! city
council protest.was to be upheld by the
Board unless it was arbitrary, capricious.
or nureasonaoie: 121 c:tv'~ protest was not
arbitrary, capricious, aaa ::nteasoname:
and (31 city council resolution providimt
council would protest any renewal or trans-
fer of liquor licenses within specified area.
"~ar block," d!d not imniy bianket approval
at ail transiers to locations outsme "bar
block."
Decision of the Superior Court a~-
firmed.
Vera ~TOLTZ dlbla Fairbanks
Bar. Appellant.
¥o
CITY OF FAIRBANKi~. Appellee.
No. S-.",81.
Supreme Court of Alaska.
Aug. 2, 1985.
I. Intoxicating Liquurs ¢==7,5(71. 102.
IO3(5)
Protest of local covernm~ body to is.
~uance. renewal, trans~'er o~ location, or
t~nsfet to another per, on ut aiconoi li-
cense is to be upheld by the Alcohol Bever-
age Control Basra unless arbit~ry, capa-
cious, to unre~onable, under AS 04.11.-
4801aL governing ptotesm to applications
for licenses' the Board ma~' not substitute
it~ juo~ment [~t...OL lu~ov~mg~
2. Inloxienfl~ Liquorn ~I0:U~I
P~te~t of city to a~iieatmn by bar
,~wner to t~nater I~eauon ui alcohol license
wna nut urbtt~', eupr~cm~, and unrea-
sonable, where cry advanced as two ~a.
sans. ~u~po~ed by evidence, t'or it~ protest
that proposed location was too close to an
apartment houue for ~enmr eitiaens aaa
that ~ropoaed laocoon was an area which
already contain~ high concentration o~
bar~. A~ 04.1L4801aL
..........................
3. Intoxicating Liquors ~103(2)
......... That proposed location was close to an
Bar owner attempted to move her bar apartment house for .~enior citizens, many
from 542 Second Avenue to 409 Second of whom had proteste6 transfer of location
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1156 Alaska 703 PACIFIC REI'ORTEIt. 2d ~ERIES
of alcohol license, and that proposed loca-
tion for bar was in area which already
contained high eoacentration of bars repro~
~,,uted logical and traditional grounds for
opposing liquor licenses. AS 04,ll,480lat.
I. lnloxirattflg Liquora c:al03(21
City council seclusion providinit that
council would protest any renewal or trans-
fer of liquor licenses within specified area.
*'bar block**' did not imply blanket approval
at' all transfers to locations outside "bar
block." AS 04.11.4801al.
C.R. Kenneily, Kenaelly. Azar & Dona-
hue. P.e...Anehoralze. for appellant.
Wm. Resold Smith. Deputy City Auy.
Herbert P. Kuts. City' Atty. Fairbanks. for
appellee.
OPINION
Before RABINOWITZ. C.J.. and BURKE.
.~IATTHEWS. COMPTON and MOORE:. JJ.
.MATI'HE~'S. Justice.
This case involves Vera Stoltz's attempt
to move her bar. known as the "Fairbanks
Bar," from ~42 Second Avenue to 409 Sec-
ond Avenue in Fairbanks. The Fairbanks
Cit.' Council protested the move. but the
Alcohol Beverage Control Beard ("the
Board"l found that the City's protest was
arbitrary, capricious, and unreasonable.
Thus. it approved the move. The City al)-
pealed to the superior court, and the superi.
or court reversed the Board*s decision, thus
disallowing the move. Mrs. ~toltz appeals
the superior court s decision. We affirm,
Mrs. Stoltz leased the premises on which
the Fairbanks Bar is located. Sometime
before October 28. 1982. Mrs, Stoitz re.
cch'ed notice from her landlord that the
premises had been sold and that s~e would
have to move, As such, on October 28,
1982. Mrs. Stoltz applied to the Board for a
I. The letter slated in per~iflent part:
The Fairbanks city council al its regular
.... motrin8 on Februar~ 28, 1983, ~'md unnni+
transfer of her alcohol license from
Second Avenue to 40~. Second .~,venue.
where she had agreed to lease new premix. "
Prior to this. in August of 19142, the
Fairbanks City Council passed Resolution
2245 which provided that the Council would
protest any renewal or transfer of liquor
licenses within a specified area in Fair*
banks (the "bar block"), The new location
propo~ed by Mrs. StoRz was approximately
8(10 feet out~lde the boundaries of this *'bar
In late January. of 1983. ,',irs. Stairs eon. '~'-.
Sacred Fairbanks City Manager W.C, Droz.
She asked Droa if there was any way to '~.~'
get assurances from the City Council that "
h.er application would not be protested be- ,.~ **
fore she invested considerable sums in re-
modeling the premises. Droz prepared a :.
memorandum to the City Couneit outimmg
these concerns on January 25, 19t~3.
memorandum was considered by tau eau:;.
cil at its January 81. 1983 meeting. Tit~
Council decided unanimously at that mee:*
lng to issue a "policy statement'* to
StoRz, informing her that if the matte:'
formally came before the Council th-
Council .would protest the move. The mu::.
reason given by members of the Coanct-i
was thr, t the proposed location was v~t~,)~'-
ously op~po~.d b,v. residents at' the~
.~ o~nera of other bui~inusses.
, e~tq~. The Golden Towers is located ies,
than one-half block from the proposed iaea.
tiaa of .Mrs. Stalin's bar.
Mrs. Stair: ttonetheless continued to lot..
really pursue her transfer applJcatiou be*
fore the Board. and the matter again came
before the City ~ouneli off February 2.~.
1983. when the Council held a public hear-
ing on the matter. Once again, the Council
voted unanimously to protest the there,
On March 8. 1983, the Fairbanks L'itv, "
Attorney sent the Board a letter ob,iectmg
to Mrs, Stoltz's proposed license tranM'er.~
mouslv to object lo the transfer of the bayer.
u~e dispensary liquor license of the Fairbanks
Bar (rom 542 Second Avenu~m ao~ Second __
Th
th;
de
th,
th*
un
th,
th'f
th.
~r
be[
~h
wi
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the
:ion
,uld
ual,
air-
.ion
ely
bar
'On.
to
be*
re*
la
~ng
'h~
rs,
h*
dn
~cil
or~
'on
h~
.:ii
e.
~d
%.
eMabiishmcnts,.¢~en though .no!. within 1he
core area at Fairbanks, and tls proximity to
the Golden Tmvers, on Alaska State HouMn$
AutllorUy aparlflrtqnt house tar Knmr citizens.
~umcr~s residents there hod protested
ST()I,TZ v, CITY OF FAIRBANK,~
CIII II *~OJ P.ld I t.qS I&latkm iq#St
The reusons stated for the ol)jection were
~oat the I~ntion would be near n concen-
trntion of other bars. find that many resi-
dents o~ the Golden Towern had objec~d to
:he move.
lu early May of 1983. the Bo~
/armed the CRy that the Board had found
:he City*s protest arbR~ry, c~pricJous, and
.mreusonable. Thus. the Board approved
:ne ~pplication.
The City then requested a heahnE before
'.~ Baa~ and one was grantee. A hear-
.~:~ officer was appointee, and a hearinff
~vns neld ~e nero on September 15. 19~3.
The hearin~ officer upheld the Board's de-
· ~rmm~tion on October 12, X983. findinff
· ::a: :ne reusons raven by the City for tls
7retest were arbitrary, capricious, ann un.
,?~souable. This decision was adopted as
:::e final decision of the Board.
The t"itv appealed the Board's decision
· ac ~uDettor eou~ Judge Van Hoomissen
'.eversed the Board's decision, findin~ it to
'~ cnnt~' to the clear mandate of the
.,,ntroiiin~ statute, and therefore unreason-
~oie and unsuppo~ed. M~. StoRz appeals
:::ts ruimff.
II.
There is only qne issue in this case:
whether the ~lty's protest, was arbitrary.
cap,claus, and unreachable, if no~ ~en
the Bo~d was not pe~itt~ to approve the
~nsfer under AS O4.11.4801aL That stat-
ute provides:
Protest. tat If a local govemmff body
wishes te protest the issuance, renewal.
t~nsfer of location or transfer to anoth-
er pecan of a license, it sbail ~urnmh the
~rd and the applicant with a protest
and the reasons fat the protest within
days o~ reempt ~rom the board of notice
of filinE o~ the uppiieation. ~e board
Avenue. The council members slated the rea.
mn they voted against a w~ ~cause at tho
I~oltufl near a concentration of other
Alaska 1157
shall consider a protest and testimony
received itt a hearintt conducted under
AS 04.11.5101b)(2) or lbll4! when it eon.
siders the application, and the protest
and the record of the hearinff conducted
under Afl 04.tl.51OIblt21 or 4b)(4) shall be
retained as part of the board's petmm
neat record of its review of the applies.
tion. ff ~n applicntion ~s protested, the
board matt .or approre the applicat~o,
u,h'ss the board t~nds that 1he protest
~ble.
~Emphaais addedL
, 111 The statute makes it clear that the
Board may not substitute its judgment for
:hat of the lOCal ffovernmff easy. The limit
of the Board's inquiry ts the~iom anal.
agnus to our inquiry of Admmistrative aa
lion: the action will be upheld unless arbi.
trary, capricious, or unreasonable.
12~1 We think that the City's protest
was not arbitral', capricious, and unrea.
sonable. The City advanced two ~aaons
for i~s i)rotes~ fi~t. that the pmposea
location was too close to the Golden Tow-
e~. and seco~, that the pr.posed lacation
was in an area widch ai~a~y eomatued
high concentration of bars. The evidence
adduced at the hearing ~fore lite Boa~
supported these reasons. ~ese reasons
represent logical and traditional ~munds
for opgosinff liquor licenses, llTIliams
Liqttor ('ontrol ('arum',. 175 Conu. 409.
399 A.2d ~;~ (197~J: Poi;nan r. CTtl; of
Ropaiton. 311 Minn. 555. 249 N.W.2d 466
~i977~: .4ri:otto ~tote Liouor Bd. t~
cobs. 20 Ariz. App. II~L 511 P.2d 179 ~1973L
Therefore. the superior court correctly
te~ined that the Board's decision was ~on-
tra~' to AS 04.11.48IllaL:
AFFIRMED.
3. ~lrs. SloJlt also ctJfllends and the Board IseJd
"bar bh~k'* created by RL~httion 224S. the City
Cuuncd.tmplwdiv apprmFd_~i a bar at the pr~
~ I,colion. This is an ab~6id Fnf~ce.
which d laken to ils extreme wuuld mean that
the mtv councilbsuL~ a blanket approval of all
tlansfert Io I~ations outMde the bar bilk.
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·' CITY OF KENAI
IIOFIDALGO KENAI, ALAGICA
· '-- TELEPHONE ~83 ·
NEHORANDUH
rR~ocjers. City Attorney //~,/ C].ty of' Kensi. _
TOt,,,/' Landscape RevJ. ew Board sad Hashers or tho
Planning 8nd Zoning Commission
DATE
Apri! 17, 1986
Clarif'lcation o¢ KHC 14.25.010 and Other issues
Relating to Thompson Park Development
Four legal queet~ono have srteen ~n reZatLon to the proposed
Thompson Perk Convenience/Liquor Store Complex.
FIRST QUESTION PRESENTED - Can the .Landscape Review Bosrd deny
a building permit to sn sppliesnt based on the f'act thst the
proposed construction eou~d Lower surrounding property vslues?
Short Answer - No. if' the Landscape Review Beard acted in such
o manner, ~ wou~d be outalds the scope or their authority. The
set,on wouJd open'the C~L¥ up to poee~b~e legs! 8et~on.
SECOND QUESTION PRESENTED - Nho considers maintenance or
'increase in ProP~rL~Va2~es In making decisions regsrding
deveZoment of the City?
Short Answer - The people of' the City of Kenal acting through
~ee't&d~¢f'~=Aals have eotsb~Aehed s zoning ordinance. One of'
the chief' f'unc~one or zoning ordAnences Ae the protection of'
prope=~y vsluee. Citizen input Aea v~ts! requirement to
eneotment of' any suoh ordinance.
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TH]RD QUEST]ON PRESENTED - What affect doea the 14-da¥ limit In
kHC 14';25.'~T'g(b) have In thia ease?
Short Answer - Any time the Board falls to act on tho matter
for 1~ days, the building official la empowered to issue a
building permit.
FOURTH QUEST]ON PR[S£NTED - Wh~t appea! rights would parties
,a§g;ieved" by the Landscape Ri~vie~ Board have?
Short Answer - KHC 14.25.050(b) provides for an appeal to be
made In ~riting to the City Councllo Such appea! r~ghte would
probably not extend to residents in the geneea! vicinity of a
proposed project area because or standing requirements.
FIRST QUEST]ON
As per the attached copy of 3anat. Leper's Ap;l! 9, 1986
memorenduM~ the Legal DepartMent has been requested to review
KHC 14.25.010 aa it relates to the ThoMpson Perk proposed liquo~
store. ]t appears that et the last Meeting of the Landscaping
Review Board on April 8, 1986~ the Board discussed tho provision
o~ KHC 14.2~.010 which providee that~
"the general purpose of landscaping le to visually enhance
the City's appearanee~ maintain or Increase property values~
and reduce erosion and storm runoff."
Residents 1n the a~ea protesting the.liquor store are asking the
Lends;eps Review Board to deny the 1nit,a! phase of the building
petmit tar the !1quor store based upon the allegat!on that
teeldentie! property values wi/! decrease because the liquor
store ~e sloes to the residences. They a!eo a!!ege the p;em~eea
~!11 contain gee pUMpS and that ~ater systems ere nearby. [t ~e
unclear how these allegations relate to landscaping at e11. The
question ~e whethe~ the Board ehou!d consider the maintenance or
~no;eeee of property values In 1ts deoie~on whether or not to
approve the e~te p!en For the !1quor etore.
The property owners a~e urging the Landscape Review Board to tear
the ~orde frOM the sentence ~n wh~oh they appear and read the
sentence separately From rte paragraph. Such methods of
interpreting statutes are IMpermissible. Hutchinson v. Board of
Zoning Appeale~ 100 A.2d 6~9 (195~)1H~lle ~, Baton Rouqe, ze
~2d 4~J[7 (1946)~ Hackett v. Gal~ 179 A.'Zd 451 (1962).
General rules of statutory construction must be followed. These
....... ~ul-ee--epply-withequa~--foree-in-~nterpret-lng ordinanc, ee,-.The
intent of the legislative.body le to be gathered From the '
ordinance taken aa a whole and not merely a part thereof ~lthout
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reference to other clearly expressed provisions, All provisions
in the ordinance must be 91van errect, ir reasonably possible, on
that no part wii! become inoperative See Tart v. Zonin9 Board
or Review, 64 A.2d 200 (1949) and Gu;ford v:D~i~8 ~7 5.id Il8
(1957).
it Le oloar from the entire ordinance vnd al! ordLnancos rolling
under the Landscape Review Board KHC 14.25.010 et seq,, thst
these Code sections are provided For the purpose of providing
some review or landscape design. The plain meaning or tho words
in KHC 14.25o010 ore that the general purpose or .lan~gc.apin§ ia
to visually enhance the City's appearance and maintain or
lnereaao property valu08. Zt doB8 not Bay that it is the purpose
or the Landscape Rovtew Board to decide what moinLains or does
not maintain, increases or does not increase, proporLy values.
The function or the Board 18 to examine various plane, and
through objective criteria, strive at a equitable and fair
decision about whether proposed landscaping meets those objective
criteria.
Nero the Landscape Review Board to, through its actions, prevent
the applicant from obtstfliflg s building permit by suggesting that
the property will not maintain or increase property values, the
Landscape Review Board, among other things, would be acting far
outside the scope of it8 powers. The effect or such sutton would
open up the City to an sutton at 8 minimum, rot mandamus to
require uo to issue s building permit. See Anderson, American
Law or Zontnq, §26.051Hshnkev.~Coughenour, 458 P.Zd 747
(Colorado 1969)t ~elby Realty Co. v. San Bueneventurs, 514 P.Zd
111 (CSX. App. 1972). Various 5ther optionc are also available.
The prospect of ~ving to operate the Planning end Zoning end
Landscape Review Board under a consent decree or compulsory
lfl~unetive order overseen by a ~udge is not compatible Nlth an
efficient.and Fair administration of local government.
In ehort,-the Landscape Review Board needs to resolve the
landscape question and allow citizens or applicants who perceive
injustice to pursue those elatme in another forum.
SECOND QUESTION
As to the question that the public want8 to know, *'who does
oofleider the maintenance or increase/decrease of property
vsluea?" The answer is, the people of the City of Kenai
make those decisions, through their elected officials on the City
Council,
One'method the citizens or the City or Kenai use to maintain or
increase their property values is s zoning ordinance. The City
or increase property values, studies were done and a zoning grid
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was layed out over the City or Konai, many year~ ago. The
Councl! voted end adopted the zoning ordinance. Before tho
zoning was put 1nfo errant, the citizsna had an opportunity to be
heard. Charges have been mede From time to time by rezoning.
ir persona oppose an existing zonin9 claonirication, they can
potitLon for a rezone. Of course, lntervenLng rights of others
who have acquired property !n the area aa well aa various logs!
doctrLnes, I.e. estoppel, may proc!ude a successful rezone.
TH[RD QUESTION
KHC 14.25.050(b) provides=
"Nestings and Proceedings=
The Board aha!! meet to review and take action on ·
!andscaping plan within fourteen (14) days or oatlafaotory
aubmltta! to the Bu~!dLng OfficLa!. The Bu!!ding
ahab! issue a buL~d~ng perm!t upon approve! of the
associated landscaping plan by the Board or the expiration
or 14 days wLthout orrLeial Board actLon, prov~ding all-or
the other requirements for the Laauance or a bulldAng permit
have been met. (Ord 1077)"
The question has been raised aa to what street thLs provis~o~
wou~d have ~n the instant case. Tho plain moen~ng or the
ordinance 18 elea~. Upon e !apes of 14 days without
action, the BulldLng ofrLoLe! La required to losue a
permit. Aa noted by the Legs! Department du;Lng the
198A City Counel! Heating, for the Bu!lding 0rrieLo to ant
otherwise would be In derogation of h!e duties.
In this ease, the Board took action. It tabled the matter on
April B, 1986 pending response to a question ~o the Kenai City
Attorney. Had no "offloial action" been taken, the build!ag
orr[sial would have been required to issue the permit on
April ZZ, 1986. ]t now appears further orris!al action will be
taken on April 17, 1986, This aetJon w!ll toll the running or
the la-day per~od. It should be noted that the Board rennet
eontLnue-to table :he action indefinitely. At some point an
eot!on Xa required, Given the number or continuances in
eaae~ it le arguable that the polar where nome deeiaLon
requited may have a!ready penned end to procrastinate Further
might not be vLewed by the courts aa acting ~n good
FOURTH QUESTION PRESENTED
The._eubJec[._of.whet appeal tights individuals may have
result or art!one by ~he LandSe~P-~ Re~-ew-'Boatd wan ta~aed'at"the
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April 16, 1~6 City Council Heoting. At thor time, tho City
Attorney suggested thet there is on appeal procedure under tho
Code, However, comment on the question of tho extent and
application of the eppea! was reserved.
KHC 14.25o050(b) provides iff part thati
**Any appeal or the action of the Board shall be
submitted tn writing to the Kenai City Council.°
lo order to Fully address this taBUS, a brier discussion
standing ta necessary. In order For a party to appea! afl
administrative decision (i.e. to have standing), the party must
be an aggrieved person who participated tn the proceedings. In
thAa case, the citizens protesting the action appear to have
participated tn the proceeding8 although no Forms! Intervention
wag made. Tho questAon then t8 whether they a~e aggrieved.
In order to be ag§tiered, parties need to show they have a
specific, personal, and legal interest tn the subject matter of
the decision aa distinguished Fram a general interest such a9
a concern of aX! members of the community. See Sheridan v.
PXanntn9 Board of Stamford, 266 A.2d )g& (Conn. 19&9)o In this
C~se, the proximity '5~the' proposed prelect to the residents
would likely indicate a specific and persona! interest. Nere the
queatAon raised, It lo questionable whether a legal interest
present°
The subject property is validXy zoned ga commercial and
uncertain how a court would Interpret these particular
~egaX ri§hr to ippaa~. ~f an sppes! Is forthcoming, th~s of F~ce
la ready to address the standing question.
It Is likely also that the reotdents In this ease could bring an
action tn the local courts either by way of an administrative
appeal or by way of tn~unctivs relief. The standing question
mAght also crop up In one of these contexts.
It lo important to note that this office 18 wi!ling to prepare
Further research For the Board or Planning end Zoning 89 the :,ced
arises. One Fine! point lB that there has been FiXed a petition
to rezone the property. Thio action wtXl probably roles
questions 88 to the propriety of such sot!on. The Landscape
Review Board should ovoid entangling itself tn these questions
and proceed aa It does with six landscape p~opositions.
TR/elf
PUBLIC LIBRARY IN BERVICE 61NGE
163 MAIN STREET LOOP
KENAI, ALASKA 99611
I~EPORT FOR THE MOI~T~ OF APRIL 1987
Circulation
Fiction-
Non-fiction
Adu1% Juvenile Ea~ Book~
1772 h?9 1313
2~87. 303 358
Total Book Circulation
Films, PhonodiseB, Pamphlets and Periodicals
Tote& Circulation
A~dittons Adult Juvenile F~sy Books AV
Gifts 102 72 7 1
Purchases 199 3 31 I
Remedial ~ndRe-worked Books
lnterli~rar2 Loans Ordered
Books 118
AY 52
lnterli~rary Loans by our Libr~r~
Volunteers Number 35
Fines and Gale Books
Lost or Da~BedBooks
Xerox
Don~tions
Tot~l A~ditions
Alult Juvenile Eas~ Books AY
Received Returned
90 61
h8 56
Books Film AY
87 86 ~5
Total Hours 93h
6712
7226
18s
2~0
198
753.h5
15o. 10
2.50.00
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A PUBLIC LIBRARY IN SERVICE SINCE ,949
163 MAIN STREET LOOP
KENAI, ,~ I..'~SKA 99611
Cards Issued April 1987
Kenai 183
~nchor Point
Cla~ 6ulch
Homer
~inilchik
Se~d
Sterlin~ 10
Patronage .... 7,767 Persons
CITY OF KENAI
FIRE DEPARTMENT
105 80UTH WILLOW STREET
KENN. ALASKA 99611
(907) 283.1666
May 13, 1997
TOt
FROH t
SUSJECTt
H~¥°r John Williams And Council Members
City of Kenai
Scott Walden, President~t~
Kenai Firefishters Association
AlasKa Fire Chief's And AlasKA State
Firefighters Associations 1988 Joint
Conference Site
On May 9, 1987, the City o~ Kenal Fire Department was chosen
to represent the Kenai Peninsula Chapter of the AlasKA State
Fireftghtors AssociAtion~ As host of the AlasKA Fire Chief's
and AlasKA State Plrefighters Associations Joint Conference
to be held in October of ~988. This ConferenCe ~il1 be
Attended by representatives of fire departments st&reside
~ith Iff estimated 250 to 300 persons &ttendlns,
Our presentition to the Bo~rd o~ Directors
Peninsull Chapter o~ the ~ltsKl State Fire~ishters
Associ~tion included letters o~ support
Ind Hr, Brishton, As ~e11 Is the Kenii Chimber of C~erce,
Throushout the ¢~in9 ye~r~ the members o~ the Keflll Fire
Deplrtment ~ill be ~orKIn9 ~ith our neishborifl9 departments
to mike the ~988 AF~ASFA Conference t
Your support as City Councll Nembers Is 9reltly ~ppre;iited,
Plelse cent&ct me i~ you have Any questions concerntn9 this
coflfePeflco ·
~/kh
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~ubllC Works --~ City Clerl ~ ~ "/ ~
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EIB FIDAI.GQ. ~UlTE E04 KENAI, ALASKA Bt"1BI'I
CONSULTINB ENGINEERB
BTRUt'~I'LJRAL / ('~iVIL / F~ANNING
Keith Kornelis
Director o~ Public Works
City o~ Kenai
Box 580 Ksnai Alaska ~9&11
REI Kenai Boating Facility
Dear Hr. Kornelis, :
Attached is Certificate {or Payment No. 8 ~or the Kenai Boating
Facility. The Contractor has requested that we present this to
the City even though Certi~icate.~or Payment No. 7 was processed
at the last Council meeting. By contract the City is only
obligated to make progress payments monthly.
The work has progressed to the point that X concur- with the
approximate percentages o~ work cpmpleted and have signed the
Certificate ~or Payment,
Sincerely,
~~./ Nel son PE
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PAY ESTIMATE
P~
CITY OF KENAI
AlP HO. 3-02-0162-O3
KBNAI HUNICIPAL AIRPORT 1986 II~ROVEr41~TS
Project AIRPORT SAFETY ZONe-, OA APRON, & T~INAY I~ROV~BNT8
Congtactot ZUBECK~ INCORPO~IED ''. ..... t ....
Address' 7983 sPuR
KENAI, AK 99611
Phone (907) 283-7369
Project No. 86-4045 .....
Period From 11/22/86/to 5/13/87
ANALYSIS OF ADJUSTED CONTRACT AIqOUNT TO DATE
Original contract amount
Net change by change orders
Adjusted contract amount to date
1943,007·00' ~'~
7,320.57 ,/".
950,327.57 O/
ANALYSIS OF WORK CO!!PLI",TED
Ort. ginaX contract work compteted $~0
Additions ffrom ch~n~ ordors compl=t=d 3,078.00~
{.latertals stored at close sE period 26,122,67
~ Less retainage of 10 percent
~ Totat earned less retnlnnge~-~~ ' 449,499.75
roe COUNCIL
City hgr.
--
cci HcLane8 a Associates --
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PAY ESTk M,,oA.TE
3-02-01t,~-03
KENAI I*IUNICIPAL AIRPORT 1986
AIRPORT SAFETY ZONE, OA ~RON, & T~X~AY X~ROVgHENTS
CERTIFICATION OF ~'ACTOR
Accordinp m Iht bell of m)' ~no~'kdAe and beliel. I ce.if~ th. all Jleml And Imouflll Ihown
(Of Pa.iai Payment are ..ecct that All *ofk h. been pedofmed and/or maleflal lupplkd
of the faf.faced Cufl.a., and,or duly authofiaed deviatio., *ub.i~*4~lonn, ahe~mlone, and/or Iddhloflq that the (ore8ol
I. ~Compliqd wilh MI ~he labor provision, of said con.Acc.
, b. ~ Complied ~'i~h All ~ho labor povislon~ of said con..~ .cep~ iff ~hose inltonc.
ZUBECK, INC.
~ay 12,
CERTIFICATIO{I OF ARCHITECT OR ENGINEER
fa.h.., ,,. --,i,,,--,) HcLane & AssocLaCe8
I)~,~ Nay 12, ~987
PRE.PAY~E.T CERTIFICATI.O. BY FIELO EHGINEER
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~ ~,~~,~;~ .... . , . ~ . ~ , . .. . . ~..,,,,~ '.~.:..,
~. C~O~
. · C~.~ . '~.. ~'
C. z~O~lOHI ~v. O~Le O. ~ohnson, ~ss~bZy ot God ' Keenl .,,','{'~..~{
...... , .~ ..,~'.~ -
.~....~
· . - i'Co~e~L .",.?
H~re,-
GrlVlord) ' . · . ...",,
KaGa~. ~ene) · '. -'.. " .
ts) Vecsce'~o~tton of C,rot~'~,, Baleen B~ce md '
. Gait ScTeeco, Kecb~k Borates Subd,, Sec, .~2, T6s,.
~ 13 V, S.H., Ataoka and hch~k GLty
Horch FenLnsula Recreation Se.t~e A~ea" (hyor, bq.'
of ~A) . ... .... ~ · ' ..
K. X~ODUCTXOH OF O~ZH~CE8 . ' ' "" :'~: ' .'.' ;" ":."
~do of ~he Borogsh ~ ~b AKsresace
of Hoc ~o beeed 8~50,000,000 co vrovtdo
· to bf~d Certain ~cecandtns b~rlt Ob%tKaCton
of ~he.Bgrou~h, ft~tnS Certain Detatto of Such Bonds end
~tLSLnS ~etr uaLe. ~to Ordtnnnee ViZ% Be Ado~ced
~o~On Stets LeStllattve Approval of ~d Refundtns" ~.
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ctu~ a ~nd Use Pelto for the ~nocruccton and
~Lntenance of Trat~o Ae~oos Borough ~ed Lands" (hyor)
(b) bo. 87-~6 "Establishing n Ta~k Force c~ Ex~ne
kZCe~a~L~e 8oureeo Co Current hvenue neons ~tthLn
the Bo~oush" (~oore) .. . '
(e) Rea. 87-47 **~Poain6 of House Bill 276 ~toh
~nctude' c~e Uh~efioed Tom *~nCal Abuse" gicht~ the
Definition of Child Abuse Under Alaska Statutes (HeOanaM
(d) ~s~ 87-48 "Increasing the Sterling Special gases
~re 9udaee tn the ~unc of
TrnneferrinS ~n%eo from Various 9slid gases
~counes' (hyor)
M. ' ~E~IHG ~GIS~TIOH ' ' '
(~te tC~ lists ~e6~elaCton ~hteh vtZ~ be addressed a~ · ta~or.B
.cfm ao nocedl hoc rot action ~hto Hec~s.) . ...., .
' ' for Fiscal Yes: 1987-66 (hyor) HF, qaZtqU elZ .
· (b) Ord. 87-23 "NekLu~ App_ropriattoue Co
'.. A~eao tn the Borough ~or Fiscal Year 1087-88" (hyor)
'.,, ~lUO 612 . .
~ ~eneacton fo~ the Borough,~yor (~L~e)
I
-~ZHG 6/Z6 r.~.
id) ~d, 66-85 '*Pricing the Fuec~ora~cp of ~cal Htrej ,','.1
Providing Cereals Protections Esr
Reducing SehooT ~nsC~cCton Coster ~d
a C~structton ~bude~n" (Pooh) FOS~OHED
fO~L ~SE~ATIOHS Vl~ PRIOR HOTZCE
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.... .
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:: ".T, H~lCE OF N~T ~&TIHG A~ ADJO~EBT (June 2, 1987) '" ".'~ '.:
. . .:.~'~. ~: . . ~ ....:....
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CITY OF KENAI
~IOFIDN.GO KENAt, AL/dIM ~N, II
l'~LEPHONB"'13- 7S.15
May 28, 1987
~!aska Dept. of Military & Veterans Affairs
Box 5-549
Fort Richardson, Alaska 99505
Attn; Col. Lindemuth
Facilities Maintenance - Army NG
Dear Col. Llndemuth:
Please excuse my absence in not contacting you in recent
days. ! find my time seems to be filled wi~h a number o£
other duties. I will be returning £rom Juneau about May 20
and at that time would like to sit down with you (if
possible) and two members of my technical team to perhaps
develop a position strategy and identify the most helpful
plan in our attempt to gain the relocation of ~he Air
National Guard unit here in Kenai. I have prepared a
resolution to .be brought before City Council May 20 that
will set aside land needed for the Air Base. I will keep
you advi~e¢ regarding this and transfer a copy of t~e
resolution to you upon acceptance by Counc£1.
once again thank you for all your help. We at the City of
Kenai very much appreuiate your efforts and look forward to
a long and continuSng relationship.
V~ohn ~.
Mayor
cc: Sen. Ted Stevens
Sen. Frank Murkowski
Rep. Don Young
............... Kenai ASrport-Commission ......................
Kenai Cit¥Council
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CITY OF KENAI
'~IOFI~ALGO KENM, AI, ASKA ~NII
TELEPHONE ~13- 7~1B
~t. Mike Haller
Alaska Dept. of Military G Veterans Affairs
3601 C St., Suite 660
Anchorage, AK 99503
Dear Lt. Hallsr~
I would like to take this opportunity to thank the U.S. Navy
and Military Affairs Dept. for allowing the USS Alaska
visit to Seward, and we extend our heartiest welcome to
men who serve aboard the vessel. We do hope they will be
able to en~oy shore leave not only in Anchorage but on the
Kenai Peninsula, including Homer and Keffai. It is my hope
that time can be made available and that a contingency from
the City of Kenai will be able to come aboard and visit some
time during their stay. We regret that we w%%1 not be able
to ViSit July 4 due to our own prior commitment to City
functions. However perhaps time might be made available
during the two week visit. Z would appreciate your thoughts
along that line and a word from you and l~rhaps arrangements
could be made.
Once again contratulat£ons to all who have made this
possible. '~/} ~ , /~ ,
/. John J. Williams
~' Mayor
JW~w
cc~--Sen, Ted-Stevens .....
Sen. F~ank Murkowski
Rep~ Don Young
Col. L~ndemuth
Harry G£eseler, Mayor of Seward
Eenai ~£rport Commission
~enai C~ty Council
~&y 14, $987
CITY OF KENAI
~10 FIDALGO KENAI, ALASKA
TELEPHONE ~63 - 78,16
Lt. Hike Haller, PAO
Alaska Dept. of Nilitary & Veterans Affai=s
3601 C St., Suite 650
Anoho=age, AK 99503
Dear Lt. Haller~
Thank you very much for you= interest in helping the City o£
Ken&i-in its e£forts to relocate the present Ai= Rescue wing
~o the Air National Guard and to the City of Kenai. Within
& few days I hope to put together a technical team that will
be associated with developing the method by which this may
be accomplished. An effort of this magnitude will
ne=essarily involve several members of the m£1itary, local
&nd State governments and, of course, the Federal
Government. I~ goes without saying that the City of Kenai
will need all the help we can receive and all the support we
=an get to complete what I believe to be an outstanding
pro~ect, and I am sure you will agree, one that will benefit
all of us.
We enlist not only you= support but also your personal help
in this matte= and on behalf of the City of Kenai I thank
you for the efforts that you will put forth.
Mayor
JW~w
Sen. Ted S~evens
Sen. Frank Murkowski
Rep,.Don-Young .............
Col. Llndemuth
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',, Kenai City Council
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