HomeMy WebLinkAbout1987-03-04 Council Packeti1
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Kenai City Council
Meeting Packet
March 4, 1987
-AGENDA
KENAI CITY COOCIL - HIEGULAR MEETING
MARCH 4, 1987 - 7:00 PM
C. PUBLIC HEARINGS
1. Ordinance 1133-86 - Townsite Ordinance
a. Substitute Ord. 1133-86
2. Ordinance 1185-87 - Amend Kenai Municipal Code - Animal
Control Ordinance
3. Ordinance 1188:7 - Amend Kenai Municipal Code - En-
croachment Permits
4. Ordinance 1189-87 - Amend Kenai Municipal Code - Land-
soaping/Site Plan
5. Ordinance 1191-87 - Amend Kenai Municipal Code -
Landscaping
6. Ordinance 1193-87 - Increas. Rev/Appns - Senior Day Care
Donations - $988
7. Resolution 87-9 - Transfer of Funds - Additional Money,
Legal Consulting Charges - $4,000
8. Resolution 87-10 - Transfer of Funds - Fire Dept. Roof
Repair - $3,835.
9. Renewal of Liquor
License - Runway Lounge
The public is invited to attend and participate.
Janet Whelan, CIVIC
City Clerk
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
MARCH 4, 1987 - 7:00 PM
PLEDGE OF ALLEGIANCE
A. ROLL CALL
1.
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,
Be IPERSO��'NS . RESENT SCHEDULED TO BE HEARD 110 Min.)
s\r, ! e, (IN � -It, ""` \ tire] 4cr „ Igyy A F r_ @
C. PUBLIC HEARINGS
Ordinance 1133-86 - Townsite Ordinance
a. Substitute Ord. 1133-86
Ordinance 1185-87 - Amend Kenai Municipal Code -
Animal Control Provisions
Ordinance 1188-87 - Amend Kenai Municipal Code -
Encroachment Permits
Ordinance 1189-87 - Amend Kenai Municipal Code -
Landscaping/Site Plan
Ordinance 1191-87 - Amend Kenai Municipal Code -
Landscaping
Ordinance 1193-87 - Increase Rev/Appns - Senior
Day Care Donations - $998
Resolution 87-9 - Transfer of Funds - Additional
Money, Legal Consulting Charges - $4,000
Resolution 87-10 - Transfer of Funds - Fire Dept,
Roof Repair - $3,835
Renewal of Liquor License - Runway Lo,inge
D. CQMMISSI VCOMMITTEE REPORTS
1.
Planning & Zoning
2.
Harbor Commission
3.
Recreation Commission
4.
Library Commission
5.
Council on Aging
E. MINUTES
1. *Regular Meetinq, Feb. 18, 1987
F. CORRESPONDENCE
1. Central Peninsula Mental Health Center - Letter of
Support
2. *Sen. Murkowski - ANWR Resolution
3. *Boards & Commissions Chairman Gottehrer - Board
of Fisheries Recommendation C. Crabaugh
.4, Southcentral Health & Planning Inc. — Health 90
Conference
5. Association for Stranded Rural Alaskans in
Anchorage - Letter of Support
G. OLD BUSINESS
Land Swap
- Wm. & Jill Burnett
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
2. Requisitions Exceeding $1,000
3. *Ordinance 1192-87 - Increasing Rev/Appns - Senior
Citizen Training Grant - $1, 007 , R"
4. Change Order #5 - Kodiak Contractors - �'
g Main �
Ext. - ($11440.18)
5. Assignment of,Lease - D. Diamond to C.R. Baldwin -
GAA
6. Approval - Library Fee Schedule Amendments
7. Discussion - Lease Extensions & Renewal
I. ADMINISTRATION REPORTS
1. City Manager
2. Attorney
3. Mayor -
4. City Clerk
5. Finance Director
6, Public Works Director
7. Airport Manager
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min,)
ADJOURNMENT
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COUNCIL MEETING OF
A
f
COUNCIL MEETING of
MARCH 4, 1987
INFORMATION ITEMS
1 - Kenai Borough Assembly Minutes, Jan. 20, 1987
.2 - Kenai Borough Assembly Minutes, Feb. 3, 1987
3 - EPA Investigation of Sterling Special Waste Site
4 - Kenai Borough Waste Disposal Commission Agenda,
March 18, 1987
5 - Billing - Woodard Const. - Flight Service Stat+on -
$120,664
6 - Billing - Wm. Nelson Engrg. - Float Plane Facility -
$11,665
7 - Billing - Wm. Nelson Engrg. - Boating Facility - $4,240
8 - Billing (Final) - Kodiak Contractors - Airport Main Apron
Extension, Willow St. Extension - $68,029.54
9 - Billing - C. Gintoli, Architect - Flight Service
Station - $2,285
10 - City Manager Brighton Letter to Kenai Peninsula School
Board Kenai Elementary School Closure
11 - Comm./Comm Application - Josh Knopper
12 - Comm/Comm Application - Tom Irwin
13 - Resource Development Council, Alaska - Newsletter -
Jan. '87
14 - TO DO List - Feb. 18, 1987
15 - Resource Development Council, Alaska - Fisheries
Development Action Plan
16 - Gov. Cowper — Alaskan Seafood Co. Name for Arizona Co.,
Bradlev Lake Hydroelectric Project, Railbelt Intertie
System
17 - Public Works Director Kornelis Letters to DEC - Water
to Kenai Eagles Club
18 - DOT/PF - Final Draft, Kenai%Soldotna Traffic Study
19 - Lease Planning & Research Committee Newsletter - Fall
1986
20 - Atty. Rocaers Letter to Kenai Borough Atty. Boedecker -
Sales Tax
21 - Kenai Borough Assembly Agenda - March 3, 1987
22 - Kenai Borough Report - 1987 Borough Special Population
Census
23 - City Manager Brighton Letter ScLiamatof Seafoods
24 - Airport Manager Ernst - Long -Term Tiedown Management
Plan
25 - Transfer of Funds Under $1,000 - Feb. 1987
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Substitute
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1133-86
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.145
ENTITLED "TOWNSITE HISTORIC" (TSH) ZONING DISTRICT.
WHEREAS, the current zoning within the area described as Kenai Original
Townsite currently has varied and conflicting zoning districts; and,
WHEREAS, the Kenai city Council has created an Old Town Committee to
review and make recommendations pertaining to Kenai Original Townsite;
and,
WHEREAS, the Landscaping/Site Plan Review Board, a representative of the
Old Town Committee, and the Planning & Zoning Commission have met in
several sessions over a period of several months; and,
WHEREAS, the Commission has held work sessions and another public
hearing on 1/14/87 to determine if this section will meet the needs of
the community, and ...
WHEREAS, as a result of these public meetings the Commission feels the
draft "Exhibit A" before the Council and attached to this ordinance, now
fulfills the needs of the Board, Commission, Council, and Community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
The Kenai Municipal Code Title 14 be amended by adding Section
14.20.185 entitled "Encroachment Permits" as defined in the
attached "Exhibit All.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of
F., ralaxy, 1987.
John J. Williams, Mayor
ATTEST:
Janet Whelan, City Clerk
First Reading: May 7, 1986
Second Reading: May 21, 1986
Third Reading: June 4, 1986
y, -0Fourth Reading: July 16, 1986
t4 Fifth Reading: January 21, 1987
Sixth Reading: February 4 1987
Effective Date: Mareh 4,
1987
EXA bii- A
Jqer U i 3 ed /,y/P7
14.20.145 Townsite Historic (TSH) Zoning District (a) Intent. The TSH
Zoning District is intended to provide for a mixed, controlled use in a
designated area, which will protect and enhance the historic character.
The specific intent in establishing this zone is:
(1) To manage all new development and major reconstruction by
requiring all applications for a building permit to submit landscaping
and site plans to the appropriate body for approval prior to the
issuance of the permit. All applicants must meet the criteria of the
application process.
(a) Landscaping and Site Plan are to be submitted to the
Landscaping/Site Plan Review Board for approval (14.25.010 - 070).
[(b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW
BOARD FOR APPROVAL 914.25.010 - 040)]
[(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO
THE OLD TOWN COMMITTEE JOINTLY.]
(2) Guidelines. The following guidelines are intended to provide
the applicant with an idea of the general criteria the [OLD TOWNE
COMMITTEE] Landscaping/Site Plan Review Board will employ when reviewing
proposals for the Townsite Historic (TSH) zoning district. They are
designed to preserve the characteristics which typify development in the
district and provide the basis for preserving the historical character
of the district.
(a) All alterations to existing structures should be
performed so as to preserve the historical and architectural character
of the Townsite Historic (TSH) zoning district.
(b) The distinguishing original qualities or character of a
building, structure, or site in its environment shall not be destroyed.
The removal or alteration of any historic material or destruction of
architectural features should be avoided when possible. 11
(c) All existing buildings, structures, and sites should be
recognized as products of their own time. Alterations that have no
historical basis should be discourage. except buildings that have
functional utilities.
(d) Changes which may have taken place in the course of time
are evidence of the history and development of a building, structure, or
site, and its environment. These changes may have acquired significance
of their own, which should be recognized and respected.
(e) Contemporary design for alteration and additions to
existing properties shall not be discouraged when such alterations or
additions do not destroy the historical character of the structure. The
same will hold true on new construction, that is, contemporary design
shall not be discouraged if it does not violate the historical character
of the surrounding buildings or of the historic district as a whole.
Design proposals for both new construction and alterations to existing
structures should be compatible with the size, scale, color, material,
and character of the property, the immediate surrounding structures, and
those in the historic district.
(3) Review Process: The following procedures are for persons who
intend to undertake rehabilitation or new construction within the
Townsite Historic (TSH) zoning district:
1
(a) Application is filed with the Planning Department. The
landscaping and site plan is filed with the Review Board.
(b) The planning department schedules the application for review
at the following appropriate meeting.
(c) The Board approves or disapproves the landscaping plan and
site plan and forwards to the [OLD TOWN COMMITTEE] Building Official.
(4) The following items are required for major rehabilitation/
renovation and new construction within the historic district. These
shall accompany the application forms and must be submitted to the
[PLANNING BOARD AND THE APPROPRIATE COMMITTEES:] Landscaping/Site Plan
Review Board.
(a) Three copies of the application signed by the applicant and,
if leasing the premises, co -signed by the owner indicating type or
nature of business.
(b) Current color photographs of the site and of any existing
structures representing both the overall condition of the structure and
accurately portraying the materials and color shall be submitted.
(c) Major modifications requiring a building permit for
construction of $10,000 or more shall require the submittal of three
copies of a landscaping and site plan showing the existing structure and
its relationship to the site and all proposed alterations and additions.
These drawings must be to scale.
(d) Should any of the reviewing bodies require modification to the
submitted exhibition or additional submittals due to unusual conditions,
then these must be submitted by the applicant as requested by the Board
prior to -the applicant receiving a building permit.
(e) To provide for a district in which mixed residential and
retail enterprises co -habit in a desirable and compatible use:
[1] encourage foot traffic wherever possible, compatible
with historic character;
[2] encourage restaurants, gift shops, parks, etc.
compatible with historic character;
[3] encourage indigenous Kenai Peninsula flora;
[4] encourage historic interpretation.
(f) Discourage uses which will violate the historic, scenic
quality:
[1] no stores or business should involve any kind of
industrial manufacture compounding, processing, or treatment of
products, except of an artistic nature;
[2] discourage more than duplex residences;
[3] discourage gas stations, auto repairs, rental
storage of any kind, junk, kennels, or similar uses.
(5) Development Criteria:
(a) Discourage:
[1] buildings and building additions that are not
compatible in height with adjacent buildings and that violate the
existing scale of the district;
[2] metal buildings, quonset but style buildings,
"modern design" style of architecture.
(b) Encourage:
2
[1] wooden structures including log style, soft colored
or natural sidings which would enhance the historic character of the
district.
(c) Setbacks shall be as stated under the Urban Residential
(RU) criteria including 21.76.150(f)(1), except as to existing
buildings.
3
Exhibi+ :B
14.20.145 Townsite Historical (TSH) Zoning District (a) Intent. The TSH
Zoning District is intended to provide for a mixed, controlled use in a
designated area, which will protect and enhance the historic character. The
specific intent in establishing this zone is:
(1) To manage all new development and major reconstruction by
requiring all applications for a building permit to submit landscaping and
site plans to the appropriate bodies for approval prior to the issuance of
the permit. All applicants must meet the criteria of the application
process.
(a) Landscaping and Site Plan are to be submitted to the Land-
scaping/Site Review Board for approval (14.25.010 - 070).
[(b) THE SITE PLANS ARE TO BE SUBMITTED TO THE SITE PLAN REVIEW
BOARD FOR APPROVAL (14,30,010 - 040)]
E(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO
THE OLD TOWN COMMITTEE JOINTLY.]
(2.) Guidelines. The following guidelines are intended to provide the
applicant with an idea of the general criteria the Old Town Committee will
employ when reviewing proposals for the Townsite Historical (TSH.) zoning
district. They are designed to preserve the characteristics which typify
development in the district and provide the basis for preserving the:
historical character of the district.
(a) All alterations to existing structures should be performed
so as to preserve the historical and architectural character of the
Townsite Historical (TSH) zoning district,
(b) The distinguishing original qualities or character of a
building, structure, or site in its environment shall not be destroyed.
The removal or alteration of any historic material or destruction of
architectural features should be avoided when possible.
(c) All existing buildings, structures, and sites should be
recognized as products of their own time. Alterations that have no
historical. basis should be discouraged., except buildings that have
functional utilities.
(d) Changes which may have taken place in the course of time are
evidence of the history and development of a building, structure, or site
and its environment. These changes may have acquired significance of their
own, which should be recognized and respected.
(e) Contemporary design for alteration and additions to existing
properties shall not be discouraged when such alterations or additions do
not destroy the historical character of the structure. The sane will hold
true on new construction, that is, contemporary design shall not be
discouraged if it does not violate the historical character of the
surrounding buildings or of the historic district as a whole. Design
proposals for both.new construction and alterations to existing structures
should be compatible with the size, scale, color, material, and character
of the property, the immediate surrounding structures, and those in the
historic district.
(3) Review Process: The following procedures are for persons who
intend to undertake rehabilitation
on new construction within the Townsite
Historic (TSH) zoning district.
1
(a) Application is filed with the planning department. The
site plan is filed with the Review Board.
(b) The planning department schedules the application for review
at the following appropriate meetings.
(c) The boards approve or disapprove the landscaping plan and
site plan and forward to the Old Town Committee for action.
(4) The following items are required for major rehabilitation/
renovation and new construction within the historic district. These shall
accompany the application forms and must be submitted to the planning board
and the appropriate committees:
(a) Three copies of the application signed by the applicant and,
if leasing the premises, co -signed by the owner indicating type or nature
of business.
(b) Current color photographs of the site and and of
any existing structures representing both the overall condition of the
structure and accurately portraying the materials and color shall be
submitted.
(c) Major modifications requiring a building permit for
construction of $10,000 or more shall require the submittal of three copies
of a site plan showing the existing structure and its relationship to the
site and all proposed alterations and additions. These drawings must be to
scale.
(d) Should any of the reviewing bodies require modification to
the submitted exhibition or additional submittals due to unusual
conditions, then these must be submitted by the applicant as requested by
the board prior to the applicant receiving a building permit.
(e) To provide for a district in which mixed residential and
retail enterprises co -habit in a desirable and compatible use:
(11 encourage foot traffic wherever possible, compatible
with historic character;
[2] encourage restaurants, gift shops, parks, etc.
compatible with historic character;
[3] encourage indigenous Kenai Peninsula flora;
[4] encourage historic interpretation.
(f) Discourage uses which will violate the historic, scenic
quality:
[11 no stores or businesses should involve any kind of
industrial manufacture compounding, processing, or treatment of products,
except of an artistic nature;
[2] discourage more than duplex residences;
[3] discourage gas stations, auto repairs, rental storage of
any kind, junk, kennels, or similar uses.
(5) Development Criteria:
(a) Discourage:
[11 building and building additions that are not compatible
in height with adjacent buildings and that violate the existing scale of
the district;
2
(2] metal buildings, quonset but style buildings, "modern
design" style of architecture.
(b) Encourage:
(1] wooden structures including log style, soft colored or
natural sidings.which would enhance the historic character of the district.
(c) Setbacks shall be as stated under the urban Residential (RU)
criteria including 21.76.150(f)(1), except as to existing buildings.
3
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CITY OF KENAI
0
"Od eapdaoz 4 it
210 FIDALGO KENAi, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Mayor Williams and Council Members
FROM: Janet Loper, Planning Specialsit
SUBJECT: Ordinance 1133-86 Pertaining to a New Townsite Historic (TSH)
Zoning District
DATE: January 15, 1987
The Planning & Zoning Commission held additional work sessions and
public hearings to "clean up" the document to bring it into compliance
with KMC14.25. Landscaping ordinance after the addition of the site plan
requirements.
There has long been a discussion over where the district should lie.
The final outcome of the additional work sessions and public hearings is
that the line should be extended to Lake Street in order to include the
location of the old Harbor View building and open up that area for
further controlled mixed development.
As evidenced by the articles in the Clarion, the public appears to be
happy with the steps taken thus far.
SECOND
Substitute
..r
Suggested
by: Planning &
Zoning Commission
i
CITY OF KENAI
ORDINANCE NO. 1133-86
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.105
ENTITLED "TOWNSITE HISTORIC" (TSH) ZONING DISTRICT.
WHEREAS, the current zoning within the area described as Kenai Original
Townsite currently has varied and conflicting zoning districts; and,
WHEREAS, the Kenai city Council has created an Old Town Committee to
review and make recommendations pertaining to Kenai Original Townsite;
and,
WHEREAS, the Landscaping/Site Plan Review Board, a representative of the
Old Town Committee, and the Planning & Zoning Commission have met in
several sessions over a period of several months; and,
WHEREAS, the Commission has held work sessions and another public
hearing on 1/14/87 to determine if this section will meet the needs of
the community, and -%
WHEREAS, as a result of these public meetings the Commission feels the
draft "Exhibit A" before the Council and attached to this ordinance, now
fulfills the needs of the Board, Commission, Council, and Community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Corsi- i e-%n l -
The Kenai Municipal Code Title 14 be amended by adding Section
14.20.105 entitled"Townsite Historic (TSH) Zoning District" as
defined in the attached "Exhibit A".
PASSED BY THE COUNCIL OF
THE CITY OF KENAI, ALASKA this 4th day of
1987.
John J. Williams, Mayor
ATTEST:
Janet Whelan, City Clerk
First Reading:
May 7, 1986
Second Reading:
May 21, 1986
Third Reading:
June 4, 1986
t Fourth Reading. •
July 16, 1986
. Fifth Reading:
January 21, 1987
_
Sixth Reading:
February 4 1987
Effective Dater
4, 1987
Cub ;<A 1� 10 )q
fiev'iSecl //1Q//?7
[14.20.145] 14.20.105 Townsite Historic (TSH) Zoning District (a)
Intent. The TSH Zoning District is intended to provide for a mixed,
controlled use in a designated area, which will protect and enhance the
historic character. The Townsite Historic (TSH) zoning district is
located within the bounds as shown on the City of Kenai Official Zoning
Maw The specific intent in establishing this zone is:
(1) To manage all new development and major reconstruction by
requiring all applications for a building permit to submit landscaping
and site plans to the appropriate body for approval prior to the
issuance of the permit. All applicants must meet the criteria of the
application process.
.(a) Landscaping and.Site Plan are to be submitted to the
.Landscaping/Site Plan Review Board for approval (14.25.010 - 070).
[(b) THE SITE PLANS ARE TO BE.SUBMITTED TO THE SITE PLAN REVIEW
BOARD FOR APPROVAL (KMC14.25.010 - 040)]
[(c) THE LANDSCAPING PLAN AND THE SITE PLAN WILL BE SUBMITTED TO
THE OLD TOWNE COMMITTEE JOINTLY.]
(2) Guidelines. The following guidelines are intended to provide
the applicant with an idea of the general criteria the [OLD TOWNE
COMMITTEE] Landscaping/Site Plan Review Board will employ when reviewing
proposals for the Townsite Historic (TSH) zoning district. They are
designed to preserve the characteristics which typify development in the
district and provide the basis for preserving the historical character
of the district.
(a) All alterations to existing structures should be
performed so as to preserve the historical and architectural character
of the Townsite Historic (TSH) zoning district.
(b) The distinguishing original qualities or character of a
building, structure, or site in its environment shall not be destroyed.
The removal or alteration of any historic material or destruction of
architectural features should be avoided when possible.
(c) All existing buildings, structures, and sites should be
recognized as products of their own time. Alterations that have no
historical basis should be discourage. except buildings that have
functional utilities.
(d) Changes which may have taken place in the course of time
are evidence of the history and development of a building, structure, or
site, and its environment. These changes may have acquired significance
of their own, which should be recognized and respected.
(e) Contemporary design for alteration and additions to
existing properties shall not be discouraged when such alterations or
additions do not destroy the historical character of the structure. The
same will hold true on new construction, that is, contemporary design
shall not be discouraged if it does not violate the historical character
of the surrounding buildings or of the historic district as a whole.
Design proposals for both new construction and alterations to existing
structures should be compatible with the size, scale, color, material,
and character of the property, the immediate surrounding structures, and
those in the historic district.
1
,) (3) Review Process: The following procedures are for persons who
intend to undertake rehabilitation or new construction within the
Townsite Historic (TSH) zoning district:
(a) Application is filed with the Planning Department. The
landscaping and site plan is filed with the Review Board.
(b) The planning department schedules the application for review
at the following appropriate meeting.
(c) The Board approves or disapproves the landscaping plan and
site plan and forwards to the [OLD TOWNE COMMITTEE] Building Official.
( 4 ) The following items are required for major rehabilitation/
renovation and new construction within the historic district. These
shall accompany the application forms and must be submitted to the
[PLANNING BOARD AND THE APPROPRIATE COMMITTEES:] Landscaping/Site Plan
Review Board.
(a) Three copies of the application signed by the applicant and,
if leasing the premises, co -signed by the owner indicating type or
nature of business.
(b) Current color photographs of the site and of any existing
structures representing both the overall condition of the structure and
accurately portraying the materials and color shall be submitted.
(c) Major modifications requiring a building permit for
construction of $10,000 or more shall require the submittal of three
copies of a landscaping and site plan showing the existing structure and
its relationship to the site and all proposed alterations and additions.
These drawings must be to scale.
(d) Should any of the reviewing bodies require modification to the
submitted exhibition or additional submittals due to unusual conditions,
then these must be submitted by the applicant as requested by the Board
prior to the applicant receiving a building permit.
(e) To provide for a district in which mixed residential and
retail enterprises co -habit in a desirable and compatible use:
[1] encourage foot traffic wherever possible, compatible
with historic character;
[2] encourage restaurants, gift shops, parks, etc.
compatible with historic character;
[3] encourage indigenous Kenai Peninsula flora;
[4] encourage historic interpretation.
(f) Discourage uses which will violate the historic, scenic
quality:
[1] no stores or business should involve any kind of
industrial manufacture compounding, processing, or treatment of
products, except of an artistic nature;
[2] discourage more than duplex residences;
[3] discourage gas stations, auto repairs, rental
storage of any kind, junk, kennels, or similar uses.
(5) Development Criteria:
(a) Discourage:
[1] buildings and building additions that are not
compatible in height with adjacent buildings and that violate the
existing scale of the district;
[2] metal buildings, quonset but style buildings,
"modern design" style of architecture.
2
(b) Encourage:
[1] wooden structures including log style, soft colored
or natural sidings which would enhance the historic character of the
district.
(c) Setbacks shall be as stated under the Urban Residential
(RU) criteria including KPB21.76.150(f)(1), except as to existing
buildings.
3
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CITY OF KENAI
„Dd eapiw a fi 44m4a„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Mayor Williams and Council Members
FROM: Janet Loper, Planning Specialsit
SUBJECT: Ordinance 1133-86 Pertaining to a New Townsite Historic (TSH)
Zoning District
DATE: January 29, 1987
At the last Council meeting, several suggestions were made to "clean up"
the ordinance. Mayor Williams suggested that the numbers be changed
from KMC14.20.145 to KMC14.20.105 which would change its placement in
the index from the last of the zoning items to fit between residential
and commercial classifications.
Additionally, that verbiage be added to identify the location of the new
zoning district. This is more difficult as there are only two natural
boundaries which could describe the location. It cannot be done by plat
as not all areas are within definitive plats existing. Therefore, the
vebiage added relates only to the Official City of Kenai Zoning Map
which will depict the zoning district as shown on the attached map.
The other changes are corrections to typing errors which can be done at
any time should more become apparent.
14.20
Chapter 14.20
KENAI ZONItiG CODE
Sections:
14.20.010
Title.
14.20.020
Application of re ulations.
9
14 • Z0. 030
14-20.040
Establishment of zones and official map.
Rules for
14.20.050
interpretation.
Nonconforming lots, structures and uses.
14.20.060
Zoningof ,
annexed lands.
14.20.070
Conservation zone (C zone),
)
14.20.08 0
14.20.090
Rural residential zones (RR, RR-1 zones).
Suburban
residential zones (RS, RS-19 RS-2
zones).
o, �aS 4'• 20 . 100
Urban residential zone (RU zone).
4.2 0.110
14,20.120
Central commercial zone (CC zone .
G )
eneral
14.20.130
.20.140
commercial zone (CG zone).
Light industrial zone (IL zone),
)
Heavy industrial
14.20.150
zone (IH zone),
Conditional
14.20.151
uses.
Application for conditional use '
permit for
.14,20.152
surface extraction of natural resources.
Review of application.
14-20.153
Public hearing,
14.20.154
Issuance of permit. '
14.20.155
Operation.
14.20 -156
Yearly review.
14 - 20. 157
Termination.
14-20.158
Amendment or transfer.
14-20.160
Townhouses.
14.20.170
14.20 1 80
Planned unit residential development.
.
14.20.190
Variance permits.
Principal structures.
14.20.200
Accessory structures.
14-20.210
14.20.220
Sight obstruction on corner
Signs - lots.
14.20.221
g and advertising devices.
Penalties.
14.20.230
Home occupations.
14.20.240
Mobile homes.
14 .20 .250
14.20.260
Off-street parking and loadi '
n9 requirements.
Administration
14 , 20 .270
enf or�ement, and penalties.
Amendment procedures .
14. 20. 280
14.20.290
Public hearings and notifications.
Appeals - board
14.20.300
of adjustment.
Appeal to superior court.
14.20.310
Severability,
14.20.320
Definitions.
'.
Land use table.
Development requirement table,
14-15
(City- of Kenai
r.._ - A Tn r% Ir% /n r
C-a
Suggested By: Administration
CITY OF KENAI
ORDINANCE 1185-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE KENAI MUNICIPAL CODE ANIMAL CONTROL PROVISIONS, KMC
3.05.010, "DEFINITIONS," KMC 3.05.060, "PENALTIES AND REMEDIES,"
KMC 3.05.070, "CITATION PROCEDURES," AND KMC 3.10,0201 "CONTROL
AND CONFINEMENT OF ANIMALS."
WHEREAS, a large per capita population of domestic animals within
the City of Kenai poses potential threats to human beings and
other domesticated animals; and,
WHEREAS, it is the desire of the City Council to provide for
different penalties for different gradations of aggressive animal
behavior; and,
WHEREAS, in order to protect the safety of the citizens of Kenai,
a mechanism should exist whereby animals which pose a threat to
human beings or other animals can be ordered destroyed by a court
of competent jurisdiction.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the Kenai Municipal Code, Sections 3.05.010,
3,05.060, 3.05.070 and 3.10.020 be amended as defined on the
attached pages.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth
day of March, 1987,
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading. February 18, 1987
Second Reading: March 4, 1987
Effective Date: April 4, 1987
(2/12/87)
Section 1:
3.05.010 Definitions: As used in Title 3.
(1) "Animal" means all domestic or domesticated members of
the Kingdom Animalia.
(2) "At large" means not under restraint.
(3) "Cat" means a domestic or domesticated member of the
family Felidae.
(4) "Current rabies vaccination" means a vaccination:
(i) as specified in the "compendium of animal rabies
vaccines" prepared by the Rabies Subcommittee of the
National Academy of Sciences and by the National
Association of State Public Health Veterinarians, Inc.
(1978);
(ii) administered in accordance with state law; and
(iii) evidenced by a rabies vaccination certificate in
a form approved by the State Division of Public Health.
(5) "Dangerous Animal" means any animal which due to
improper or inadequate supervision or control has done an act
harmful in its character to human beings or animals, regardless
of whether the act is done in a layful or hostile manner.
(6) "Dog" means a domestic or domesticated member of the
family Canidae.
(7) "Dog fancier's facility" means a premises where a
person owns five or more dogs over the age of four months, and
which is neither a kennel nor a dog musher's facility.
(8) "Kennel" means a premises where a person owns four or
more dogs over the age of four months in the operation of a
business subject to taxation under AS 43.70, which business
includes the buying, selling, training, boarding, or breeding of
dogs.
(9) "Impoundment" means:
(a) The seizure of animals by the methods set forth in
KMC 3.25.010(d).
(b) Seizure of a vicious animal.
(10) "Officer means a person charged by law with the duty to
enforce provisions of this title.
(11) "To own" an animal includes having title, keeping,
harboring, and having custody or control of an animal.
(12) "Person" includes individual, joint venture,
partnership, corporation, or unincorporated association.
(13) "Restrain" means:
(i) physical confinement, as by leash, chain, fence,
or building; or
(ii) under competent voice control when an animal is
engaged in an activity or form of training requiring
that it not be physically confined; or
1
(iii) under competent voice control when an animal is
on the property of its owner.
(14) "Sterile means rendered incapable of reproduction by
surgical operation.
(15) ["VICIOUS ANIMAL" MEANS AN ANIMAL WHICH HAS BITTEN OR
ATTACKED A HUMAN BEING WITHOUT PROVOCATION.] "Vicious Animal"
means an animal that has done an unreasonable act harmful tn
human beings or animals which act is done in a hostile manner.
Any animal which has been twice adjudged a dangerous animal by a
court of competent jurisdiction, whether by a plea of no contest
or guilty or by trial, shall be considered vicious for purposes
of penalties imposed by KMC 3.05.060(d),
Section 2:
3.05.060 Penalties and Remedies: (a) Except as this
section provides otherwise, a person who violates a ' provision of
this title, term, condition, or provision of a license issued
hereunder, or a City regulation promulgated under this title
shall, upon conviction, be subject to a fine of not more than
[$300] 500.00.
(b) In addition to, or as an alternative to the penalty
aforementioned, any person violating any provisions of this title
shall be subject to a civil penalty of not more than ($300
500.00. Each and every day that such violation continues shall
be deemed a separate and distinct violation. In addition, a
civil injunction or temporary restraining order may be obtained
in order to obtain immediate compliance with the provisions of
this chapter.
(c) The City shall seek an award of reasonable attorney's
fees and costs from the court in prosecuting such an action.
(d) Any animal adjudged a vicious animal by a court of
competent jurisdiction, may be destroyed by the City of Kenai
Animal Control Department upon order of such court or through the
consent of the animal's owner.
Section 3:
3.05.070 Citation Procedure: (a) An officer may serve a
summons and complaint in the form of a citation upon a person for
violating a provision of this chapter, or a term, condition, or
limitation of a license issued hereunder, or a City regulation
promulgated under this title.
(b) A summons and complaint issued under this section shall
contain a notice directing the person to whom it is issued to
appear to answer to the charge in the District Court for the
Third Judicial District of the State of Alaska at Kenai.
(c) An officer who issues a summons and complaint under
this section shall deposit the original and a copy of the
citation with his immediate superior who shall forward the
citation to the District Court for the Third Judicial District of
the State of Alaska at Kenai. Thereafter, the summons and
complaint may be disposed of only by official action.
(d) A summons and complaint in the form of a citation that
fulfills the requirements for a.-, complaint under the District
Court Rules of Criminal Procedure promulgated by the Supreme
Court of the State of Alaska shall be deemed a lawful complaint
for the purpose of prosecuting a violation of this title.
(e) Mandatory Court Appearance shall be required:
(1) for [A VICIOUS DOG TICKET] a violation of KMC
3.10.020(c),
(2) for all cruelty charges under this code.
(3) Upon second citation of all other provisions of
Chapter 3.10 in a twelve (12) month period.
Section 4:
3.10.020 Control and Confinement of Animals: (a) A person
who owns a dog shall keep the dog under restraint at all times.
(b) A person who owns an animal other than a dog that is
capable of annoying or endangering other persons or damaging
their property shall keep the animal under restraint at all
times.
(c) A person who owns a vicious or dangerous animal shall
at all times either confine the animal in a building or a secure
enclosure, or otherwise secure the animal, as with a muzzle, so
it cannot injure other persons or their property.
(d) A person who owns a female dog or cat in heat or during
ovulation shall keep the dog or cat under restraint in such a
manner that it cannot come into contact with a male of its
species except for planned breeding purposes, provided that a
female sled dog in heat shall be confined unless it is restrained
by proper harnessing in a team in such a manner that it cannot
come in contact with a male dog except for planned breeding
purposes.
3
CITY OF KENAI
6
Od eapila 4" it
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Mayor and Councilmembers,
ity of Kenai
1
FO im Rogers, City Attorney
..City of Kenai
RE Item Ordinance 1188 and Item Ordinance 1189,
Amending certain sections of the Zoning Code.
Before the Council are two ordinances relating to the City of
Kenai zoning code. The Legal Department has some concerns about
both the form and content of these two ordinances.
It is requested that Ordinance 1188 be defeated and Ordinance
1189 be returned to Planning & Zoning accompanied by the Legal
Department's suggested changes.
ORDINANCE 1188-87
As to Ordinance 1188-87 (Encroachment Permits), the sole apparent
reason for enacting this ordinance appears to be to avoid the
time it takes of
re -plat properties. The reason being that
purchasers of properties or sellers may be aided by the City
acquiescing to encroachments rather than making the seller or
buyers wait through a re -plat procedure.
From a legal standpoint, the way the Kenai Municipal Code section
relate to variances (14.20.180), could not be used for
encroachments. Traditionally in the law of zoning, variances
have not been used for curing encroachments. The problem that
arises with granting blanket encroachment permits occurs in a two
or three -party situation. If the owner's property is encroaching
upon a neighbor's property, the City cannot simply grant an
encroachment permit, because the third party's rights are being
affected. It is up to the owner to buy that portion of the
neighbor's property in order to avoid the encroachment or remove
the encroachment itself. It is a civil matter between the two
parties, not between the City
of Kenai and a potential buyer or
seller of houses.
1
The memo accompanying the proposed ordinance really limits itself
to the one situation where the City desires to reduce the time
sellers need to close sales. Absent other specific provisions or
reasons, this particular ordinance sounds very much like special
legislation. Special legislation may, of course, be subject to
attack by third parties.
The first problem with the language of the ordinance is that it
is, in effect, adding in certain language and subtracting other
language (most referring to the building official) in an
ordinance which does not even exist yet. If these few additions
and deletions are being made to an ordinance approved by Planning
& Zoning, then the matter needs to go back to Planning & Zoning
for approval of the additions and deletions. In addition, under
Section (d) (3) , there appears to be no language. If language is
missing, it should be added, or if there is no language for
( d) (3) , it should be subtracted.
After subparagraph (e), the headings appear to be mismarked.
They should be remarked to indicate subparagraphs f, g, h, and i.
As to the expiration of the permit, it suggests that one of the
times for expiration is following the _ useful life of the building
or structure. This is too vague and --needs to be defined or at
least clarified. The last subheading, which should be (i),
contains two words in it that are apparently out of order and
should not be there. One is misspelled (shll application).
These should be removed.
In conclusion then, the effect of the proposed ordinance is to
create yet another exception to the zoning code. This appears to
be an exception to the variances of 14.20.180 (c) (2) . It is
getting to the point where exceptions are going to swallow the
rule. Courts have repeatedly invalidated municipal ordinances
which grant variances too freely, based upon unlimited criteria.
Encroachments are best dealt with as they are. While this may be
an inconvenience to buyers and sellers, the system is, in effect,
not broken and there exists little reason to fix it.
ORDINANCE 1189-87
As to Ordinance 1189-87 (Landscaping/Site Plan), there are also
several problems. Correction of the landscaping/site plan
ordinance seems to be a never ending process. Last summer
therewere several extensive amendments made to the regulations.
The Legal Department recently undertook to consolidate those
amendments into a final form for inclusion in the Kenai Municipal
Code.
+K
When the Legal Department attempted to consolidate the various
amendments, we found numerous discrepancies and conflicts. The
Legal Department has since undertaken to correct these problems
and has a set of amendments to the landscaping/site plan code to
set everything straight again. Amending the ordinance yet again
before we have had a chance to enact an appropriate codified
version, only adds to the confusion. The regulations as set
forth in the attached Exhibit "A" are, in fact, not the way some
of the Code actually appears to date and the Council should have
the full information available to it before amending it yet
again.
The intent, asexplained in KMC 14.25.010, includes the
maintenance or increase in property values. Admittedly, there
was some misunderstanding about this provision of the Code during
the convenience store discussions last spring. There is an
attorney's memo on the subject clarifying it. Further, the
maintenance or increase in property values is well within a
city's police power and usually considered a part of zoning
powers. See, Mc uillin, Section 24.14.
The memorandum accompanying the proposed regulation change
suggests that property values should, "lie with the attorney.
This is quite unclear and could probably use some clarification.
The -memo goes on to suggest that, "the Board recognizes that at no
development in a situation with adjacent land uses could avoid
lower property values to one of the lots." This statement is
undecipherable also. It could mean that where a commercial
development takes place in a zoning next to a residential
development, there is an inevitable decrease in the property of
the residential value immediately adjacent to the commercial
zone. Whatever the meaning, it should probably be clarified. In
addition, proposed amendments to KMC 14.25.020 deal with new
construction. This section defines commercial development, but
does not define industrial development. The words "and
industrial" need to be added into the second line after
"commercial" and between "development." Also "new construction"
should be defined with some sort of clarity. There could be
problems if construction has already taken place upon a
commercial lot.
In conclusion then as to the Ordinance 1189-87, it would be the
Legal Department's wish that the Council not act on the matter
until we have time to submit the consolidated and corrected
3
version of the Landscaping/Site Plan to the Planning&
Commission. At that time, the few Zoning
w changes suggested in Ordinance
1189
could be added to the corrected codified version. This
would save both the Council and Planning& Zoning is
'�g time.
TR/clf
4
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1188-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
KENAI MUNICIPAL CODE TITLE 14 WITH THE ADDITION OF SECTION 14.20.185
ENTITLED "ENCROACHMENT PERMITS".
WHEREAS, the Planning & Zoning Commission had been given certain duties
which assist the public in matters pertaining to lands, and
WHEREAS, during the course of reviewing and attempting to meet the
needs of the community, it has been found by this body that there is an
area that is lacking and is a problem of sufficient magnitude to require
a new section added to the existing zoning code, and
WHEREAS, the Commission has held work sessions and public hearings to
determine if this section will meet the needs of the community, and
WHEREAS, as a result of these public meetings the Commission feels the
draft "Exhibit All before the Council and attached to this ordinance, now
fulfills the needs of the Commission and Community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF'THE'CITY OF KENAI,
ALASKA, as follows:
Cort inn 1 -
The Kenai Municipal Code Title 14 be amended by adding Section
14.20.185 entitled "Encroachment Permits" as defined in the
attached"Exhibit All.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of
FeVr `', 1987.
John J. Williams, Mayor
ATTEST:
Janet Whelan, City Clerk
Li AlFirst Reading: January 21, 1987
Second Reading: February 4, 1987
r 'Y/ay, V7" �` •:. �,.+s�''�}ee+y., yrAw•.aae>::..erdYwY'K.wV4t?+M':d`
Effective Date: Ma-h,- 4 , 1987
w a:
Chapter 14.20.185
ENCROACBMENT PERMITS
14.20.185 (a) Definitions. Encroachments shall be considered as
any object or structure above or below ground belonging to a private
owner other than the municipality which has been constructed or located
across property lines or setbacks, exlusive of rights -of -way.
(b) Intent: An encroachment permit is the relaxation of the
development requirements of this chapter in existing cases and which do
not fall under Section 14.20.050, nonconforming uses and which satisfy
the requirements of a financial institution. An encroachment permit is not
intended for uses within Federal, State, or City rights -of -way, or
utility easements.
(c) Permit Application: An application for an encroachment
permit is filed in writing with the [BUILDING OFFICIAL OR] Planning
Department and signed by the owner of the property concerned or
representative of the owner.
(1) The application shall contain the following:
[i] A legal description of the property involved;
[ii] Plans showing the location.of all existing and proposed
buildings, objects, rights -of -way or easements,
elevations, and any data pertinent.to the application.
(d) Review Criteria: The [BUILDING OFFICIAL OR] Planning
Department shall submit the application to the Planning Commission for
review and public hearing. The Planning Commission shall establish a
finding that all of the conditions have been found to exist as a
prerequisite to issuance of an encroachment permit.
(1) The conditions are pre-existing and shall not be based upon
other nonconforming land uses or structures within the land
use or zoning district.
(2) The granting of the encroachment permit shall not authorize a
use that is not a permitted principal use in the zoning
district in which the property is located.
(3)
(e) Public Hearing: The public hearing and notification procedure
for an encroachment permit application shall be accomplished in
accordance with the requirements of this chapter.
(c) Unauthorized Encroachments. Unauthorized encroachments shall
be subject to immediate removal by the owner upon being given notice by
the City. Notice shall consist of a written letter, sent by certified
mail return reciept requested, or by personal service, explaining the
violation and allowing twenty days to remove the encroachment.
(d) Expiration of Permit: Permits shall expire automatically upon
termination or interruption of the use and, in addition, in the case of
a building, structure, or object, or damage to the building, structure,
or object which makes it unecomonic to repair the building, structure,
or object, or the expiration of the useful life of the building,
structure, or object, whichever comes first.
(e) Right to Appeal: Any revocation, suspension, or denial of an
encroachment permit by the [BUILDING OFFICIAL OR THE] Planning Depart-
ment may be appealed to the City Council by filing a written notice of
appeal with the clerk and stating the grounds for such appeal. The
appeal notice must be filed within thirty days after the effective date
of the revocation, suspension, or denial from which the appeal is taken.
All notices of appeal must comply with Section 14.20.290.
(f) Public Hearing: The public hearing and notification procedure
for an encroachment permit shll application shall be accomplished in
accordance with the requirements of this chapter.
CITY OF KENAI
;,/,.71 it
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Mayor Williams and Council Members
FROM: Janet Loper, Planning Specialist
SUBJECT: Ordinance No. 1188-87 Pertaining to Encroachment Permits
DATE: January 15, 1987
At the present time, a Variance to the zoning code is used for
irregularities prior to construction. However, if there is a
pre-existing condition which does not meet the zoning code, a property
owner is at a loss to proceed. (Usually his desire is to buy a home or
sell his home.) If his home encroaches on to the adjacent property or
into a setback he must replat which takes about 3 months minimum and
many steps through at least two agencies.
The Encroachment Permit is a vehicle by which the property owner can
present this document to the local financial institution and Borough
which says, in effect, that the City of Kenai has reviewed his problem
and approved this permit. The property owner will still have to replat,
however, his time has been cut down to three weeks at the most,
depending upon submittal date and public hearing time, allowing him to
move ahead with his sale. The platting can be accomplished at any point
thereafter.
Suggested by: Planning & Zoning Commission
CITY OF KENAI
ORDINANCE NO. 1189-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
KENAI MUNICIPAL CODE SECTION 14.25.010 AND 14.25.020 PERTAINING TO THE
LANDSCAPING/SITE PLAN ORDINANCE.
WHEREAS, during the course of reviewing and attempting to meet the
needs of developers, it has been found by the Landscaping/Site Plan
Review Board that there is an area of the code that is lacking, and
WHEREAS, the Board has worked towards drafting revisions which would
clarify the meaning and intent of the ordinance and sent them on to the
Planning Commission according to procedures described by the Code, and
WHEREAS, the Commission has held work sessions and public hearings to
determine if this section will meet the needs of the community, and
N
WHEREAS, as a result of these public meetings the Commission feels the
draft before the Council and attached to this ordinance, now fulfills
the needs of the Board, Commission and Community.
Y
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Cor++ i r%n 1 -
A portion of KMC14.25.010 be amended to read: "The general purpose
of landscaping is to visually enhance the city's appearance and
reduce erosion and storm runoff. (Ord 1094)"
A portion of KMC14.25.020 be amended to read: " 'Commercial
development' shall be defined as any improvements requiring a
building permit for new construction or any improvements of $10,000
or more located on properties as defined in the attached
"Exhibit A".
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of
February, 1987.
1jti GI MFN,%"
John J. Williams, Mayor
ATTEST:
Janet Whelan, City Clerk
First Reading: January 21, 1987
,cond Reading: February 4, 1987
Effective Date: Max-Gh 4, 1987
Chapter 14.25
LANDSCAPING REGULATIONS
Sections:
14.25-14-25.035
14,25,010 Intent
14,25,020 Application
14*25,030 Landscapinq Plan - Submittal Requirements
14,259035 Landscapinq Site Plan
14*25,040 Landscapinq Plan - Performance Criteria
14,25,050 Landscapinq_ Review Board
14.25.060 Completion
14,25*080 Expiration
14*259090 Penalties
14,25,100 Definition - Landscapinq
14-25.010 Intent: It is the intent of this section to provide for
landscapinq_ and/or the retention of natural vegetation in conjunction with
commercial and industrial development within the City of Kenai. The
general purpose of landscapinq is to visually enhance the city's
appearance. (MAINTAIN OR INCREASE PROPERTY VALUES.1 and reduce erosion and
storm runoff. (Ord 1094)
14-25.020 Application: This section shall apply to all commercial
and industrial development within the City of Kenai. "Commercial
development" shall be defined as any improvements requirinq a buildinq
permit for newconstruction or any improvements of $10.000 or more located
on properties within the Central Commercial (CC). General Commercial CG
Heavy Industrial (IH) and Liqht Industrial (IL) zoninq districts. (Ord
1094)
14-25.030 Landscapinq Plan - Submittal Requirements: Three (3)
copies of the landscaping plan shall be submitted for approval to the
Planninq and Zoninq_ Specialist prior to the issuance of --a buildin permit,
One copy of the approved plans ; -
__ pp p ns shall be returned to the applicant, one copy
.filed; and the third copy showing action taken, filed with the Buildinq
Inspector. The landscap_inp plan shall be prepared at a minimum scale of 1'=
20': and shall include the following information:
(a) Common and scientific name of the planting_ materials to be used
in the project OR
(b) Typical plantinq details
(c) Location'of all plantinq areas and relationshipto bui d•n 1 1 qS.
parkinq areas, and driveways
(d) Identification and location of existing ve etatio _ g n to be
retained
(e) Identification and location of non-livinq landscapinq materials
to be used
M Identification of on -site snow storaqe areas
(4) Drainage patterns T
CITY OF KENAI
0
"Od Capi 41a" a
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Mayor Williams and Council Members
FROM: Janet Loper, Planning Specialist
SUBJECT: Amend KMC14.25.010 and 14.25.020 Pertaining to Landscaping/
Site Plan Requirements
DATE: January 15, 1987
The attached copy of the ordinance with their revisions comes to you
from the Planning Comlmission and the Landscaping/Site Plan Review Board
who are requesting these changes after having worked with the ordinance
felt these changes necessary.
'114.25.010 Intent:" The Board feels that dealing with issues regarding
property values should lie with the attorney rather than with the Board.
The Board recognized that no development in a situation with adjacent
land uses could avoid lower property values to one of the lots.
"14.25.020 Application:" adds verbiage to clarify intent. Presently, the
wording of the ordinance has been interpreted to mean that only
construction of $10,000 or more need appear before the Board. This was
not the intent of Council or the Board. By adding the words, "new" and
"or any improvements". The sentence now reads "Commercial development
shall be defined as any improvements requiring a building permit for new
construction or any improvements of $10,000 or more located on
properties within ......." and meets the intent of the ordinance.
� C - 5--000
Revised Edition as
Suggested By: City Attorney
CITY OF KENAI
ORDINANCE NO. 1191-87
AN ORDINANCE OF THE COUNCIL
AMENDING THE KENAI MUNICIPAL
"LANDSCAPING REGULATIONS."
WHEREAS, Ordinances 1132 and
City Council; and,
OF THE CITY OF KENAI, ALASKA,
CODE, CHAPTER 14.25 ENTITLED,
1149 were previously passed by the
WHEREAS, when the Municipal Code was being prepared for the
addition of these amendments, certain discrepancies appeared;
and,
WHEREAS, the only manner in which to remedy these discrepancies
is to amend the Code. A
WHEREAS, performance criteria is a desirable addition to the site
plan process in order to give prospective contractors adequate
guidelines for performance and g ate
to express the desires of the
Landscaping/Site Plan Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that the Kenai Municipal Code, Chapter 14.25
entitled, "LandscapingRegulations" p
g s" be amended as follows:
Section 1:
14.25.045 Site Plan - Performance Criteria:
(a) Objectives:
An effective site plan should utilize a variety of
techniques- for achieving the intent of this ordinance.
The a ro riate Placement or retention and improvements
of buildings, -parking lots etc, should be considered
on the site ----plan.
(b ) Buildings
A commercial or industrial use housed in the build
in
is to be compatible with the surround Properties, land -
use Plan, and not be hazardous to the health safety,
and welfare of citizens.
(c) Special Permits:
The site Plan� shall list anY er special p permits or
approvals which ma be -required for completion of the
project.
(d) Parking Lots:
Parking lots referenced on the site plan shall -comply
com 1Y
with KMC 14.20.2500
(e) Snow Storage/Removal and Drainage:
Snow storage/removal and drainage as referenced on the
site plan shall be compatible with the surroundinc.,
area.
Section 2:
14.25.050 Landscaping/Site Plan Review Board.
(a) Membership, Qualifications, Terms, and Rules: The
Landscaping/Site Plan Review Board shall consist of not less than
five members who shall serve without pay. Members shall be
appointed by the Mayor and confirmed by the Council. Members
shall be appointed for a term of three (3) years, excepting the.
initial members who shall be appointed for a one, two, or three-
year term. The Board shall elect a chairman[,] and a vice-
chairman[, AND CLERK]. [A MAJORITY OF THE MEMBERSHIP SHALL
CONSTITUTE A QUORUM FOR THE PURPOSE OF TRANSACTING BUSINESS.] a
quorum, for the purposes of transacting business, shall consist
of a minimum of two ( 2 ) members*
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth
day of March, 1987,
JOHN J. WILLIAMS, MAYOR
ATTEST:
.Janet Whelan, City Clerk
First Reading: February 18, 1987
Second Reading: March 4, 1987
Effective Date: April 4, 1987
(2/11/87)
CITY OF KENAI
„DEC (?apila4lo � 4iad4a it
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Mayor and Councilmembers,
City of Kenai
FROM• ,, Tim Rogers, City Attorney
t City of Kenai
DATE: ' February 11, 1987
RE: Ordinance 1191-87, Amending Kenai Municipal
Code, Chapter 14.25, "Landscaping/Site Plan Review
Board."
In making the amendments set out in the above -referenced
ordinances, numerous discrepancies existed in the amendments
delineated on the two ordinances (copies of the ordinances are
attached hereto and labeled as "Exhibits A & B" respectively).
The discrepancies may just be overlooked changes due to the
confusion of the ordinances themselves. Ordinance 1132, although
written first, and adopted September 3, 1986 did not take effect
until October 31 1986. Ordinance 1149, written last and adopted
July 2, 1986, took effect August 16, 1986. Some of the
amendments overlap. These discrepancies have been handled by the
Legal Department, as Revisor (KMC 10.15.050, a copy attached and
labeled "Exhibit C"). A copy of the chapter as "revised" is also
attached and labeled "Exhibit D." The explanations for the
revisions made are listed below.
1. Pages 1, Index:
14.25.050 Landscaping Review Board. Ordinance 1132 shows
that "Landscaping" should be deleted and to add "/Site
Plan." The title should be "Landscaping/Site Plan Review
Board" as that was the intent of Ordinance 1132; to combine
the Landscaping Review Board with a Site Plan Review Board,
14.25.100 Definitions. This title was added to the index
by Ordinance 1149 as "Definitions" --- Ordinance 1132 does
not show an addition, although the title is "Definition -
Landscaping."
2. Paragraph 14.25.010 Intent. Subparagraph (a) was added by
Ordinance 1132. In order that the paragraph conform to
format, what is now the second paragraph as been amended by
adding "(b) Landscaping Plans:"
3. Paragraph 14.25.020 Application. Ordinance 1149 did not
amend this paragraph, however Ordinance 1132 did.
4. Paragraph 14.25,030 Landscaping/Site Plan - Submittal
Requirements. The first sentence refers to the "landscaping
plan" and it should have been changed to "landscaping/site
plan." This change was not made in either of the
ordinances. This has been so revised.
5. Paragraph 14.25.035 Landscaping Site Plan. Two edits were
made; the first by adding a slash between landscaping and
site in the title. The second by adding the words "The" and
"of" so that the amendment of Ordinance 1132 to add the word
"City," would be understandable.
Other changes that were made in this paragraph were the
addition of "landscaping/" in the second line of the
paragraph and the words "/Site Plan" in the third line.
6. Paragraph 14.25.040(e) Maximum Required Landscaping.
Change was not made in either ordinances to add "/Site Plan"
to "Landscaping Review Board" in the first sentence. This
has been so revised.
t
Paragraph 14.25.040(f) Review. Ordinance 1132 made the
addition of ( f ) in the section. The first line refers to
"Site Plan Review Board and it should have been
,"Landscaping/Site Plan Review Board." This has been so
revised.
7. Paragraph 14.25,045 Site Plan - Performance Criteria: This
section was not in Ordinance 1149 and appeared in Ordinance
1132, but the addition was not done in a normal procedure.
It has been included in Ordinance 1191 to correctly make
this addition.
8. Paragraph 14.25.050 Landscaping Review Board. There are
changes made in this paragraph which are correctly amended
by Ordinance 1191,
9. Paragraph 14.25.060 Completion - Landscaping Plan. The
addition of "/site" should be added in the second line. The
.Code has been revised to reflect this change.
In the third line, "prior to the issuance of the Certificate
of Occupancy by the Building Official" was added by
Ordinance 1149 and removed by Ordinance 1132. The Code has
been revised to reflect this change.
In the third line, "Planning and Zoning Specialist" was
added by Ordinance 1149 and has been changed to "Planning
Specialist" in Ordinance 1132. The Code has been revised to
reflect this change.
10. Paragraph 14.25.065 Completion - Site Plan. This section
was added by Ordinance 1132 and not included in Ordinance
1149. The Code has been revised to reflect this change.
11. Paragraph 14.25.070 Modifications. This section was added
by both Ordinance 1149 and Ordinance 1132, however,
"Planning and Zoning Specialist" was changed to "Planning
Specialist" in Ordinance 1132. The Code has been revised to
reflect this change.
12. Paragraph 14.25.080 Expiration. This section was added by
Ordinance 1149 and amended by Ordinance 1132 with the
addition of "site" following landscape in the second line.
To comply with other references, landscaping has been
M
changed to "landscaping."
'TR/clf
Suggested by: Planning .& Zoning
CITY OF KENAI
ORDINANCE NO, 1132-86
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE
KENAI MUNICIPAL CODE, CHAPTER 14 WITH THE ADDITION OF SITE PLANS.
WHEREAS, the 1980 Comprehensive Plan presented criteria for creating a Site
Plan ordinance (21,76,200); and,
WHEREAS, the Kenai City Council directed the Kenai Advisory Planning &
Zoning Commission to work with the draft presented and return a
recommendation; and,
WHEREAS, the Landscaping Review Board, Old Town Committee, and the Planning
Commission have all.worked together and created the draft before the
Council at this time and feel it meets the needs and desires of the Council
and Community; and,
WHEREAS, the Planning & Zoning Commission held public hearing on this
proposed ordinance August 27, 1986, hearing no objections and no
corrections, the Commission recommends approvals
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
as follows:
Spr%f- inn l •
The Kenai Municipal Code Title 14 be amended as defined by Exhibit A,
Draft V.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of
September, 1986,
TOM WAGONER, MA
01
ATTEST:
Vida.,,
2�let Whelan, City Clerk
First Reading: May 7, 1986
Second Reading: May 21, 1986
Third Reading: June 4, 1986
Foruth Reading: September 3, 1986
Effective Date: October 3, 1986
rr 0
�
�� 4no"
uyu�c�"�o o o Pago
sr
CITY OF KENAI
0 it
"Od CaP4�ai 44ioa
210 FIDALGO KENAI, ALASKA 99611
'-- TELEPHONE 283 - 7535
MEMORANDUM
TO: Kenai City Council
FROM: Janet Loper, Planning Specialist
SUBJECT: Ordinance 1132-86 Substitute
DATE: August 28, 1986
On July 15, 1986, the Landscaping -Review Board, the Planning & Zoning
Commission, Councilman Hall, and Councilman wise met jointly to discuss the
proposal by Council to combine the duties of the two bodies.
It was the concensus of the two bodies that the interests of the n public p and
developers would be best served if the two bodies remained separate and
that the Landscaping Review Board absorb the duties of the Site Plan
Ordinance and the review of the Townsite Historic Zone as recommended by
the Old Town Committee.
Since that time, Section 14.25 concerningthe Landscaping Regulations have
P 9 9
been redrafted and a public hearing held. The result of these efforts
appears before you as the Substitute Ordinance. It should also be noted
that the new draft includes the suggestions of the Building Inspector.
�G+ 0� ^ N
pf Pages
,
14.25-14.25.035
Chapter 14.25
LANDSCAPING AND SITE PLAN REGULATIONS
Sections:
14,25,010 Intent
14.25,020 Application
14,25.030 Landscaping/Site Plan - Submittal Requirements
14,25,035 Landscapinq/Site Plan
14.25.040 Landscaping Plan - Performance Criteria
14.25.045 Site Plan - Performance Criteria
14,25.050 fLANDSCAPINGI/Site Plan Review Board
14.25.060 Completion_- Landscapinq Plan
14,25,065 Completion - Site Plan
14.25.070 _ y Modifications
14,25.080 Expiration
14,25.090 Penalties
14.25.100 Definition - Landscaping
14.25.010 Intent:
(a) Site Plans: It is the intent of this section toprovide for
orderly and safe development of the City commensurate with rotectin the
- - 4
health, safety, and welfare of its citizens, and adequate and convenient
_ q t
open spaces, light, and air, in order to avoid -congestion of commercial and
industrial areas.
(b) Landscaping Plans: It is the intent of this section to provide for
landscaping and/or the retention of natural vegetation in conjunction with
commercial and industrial development within the City of Kenai. The
general purpose of landscaping is to visually enhance the city's
appearance, maintain or increase property values, and reduce erosion and
storm runoff. (Ord 1094)
14 , 25 , 020 Application: This sect ion shall ,apply to all commercial
and industrial development within the City of Kenai and shall -apply to both
the landsca in a►��d site � � �► -
p g plans. Commercial development shall be defined
as any improvements requiring a building permit for construction of $10 000
or more located on properties within the Central Commercial (CC), General
Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL) zoning
districts. (Ord 1094) It shall be unlawful
la ful for any person to construct,
erect or maintain any structure, building, fence, or im rovement, includinq
landscapin arkin , and other facilities on ro erty desi nated as a
commercial tract unless such im rovements are constructed or reconstructed
in a manner consistent with the approved plan.
1
A
N
i••••• Exh•••••••••�
Of •.•••a..• •. • Pages
- 14925.030 Landscaping/Site Plan - Submittal Re
quirements: Three (3)
copies of the landscaping plan shall be submitted fora approval to the
he
Planning SAND ZONING
1 Specialist prior to the issuance of a building
permit. One copy of the approved plans shall be returned to the applicant;
one copy filed; and the third copy showing action taken, filed with the
Building Official.
The landscaping plan shall be prepared at a minimum scale of
i 201 and
shall include the following information:
(a) Common and scientific name of the planting materials
in the project
P g to be used
(b) Typical planting details
(c) Location of all planting areas and relationshipto buildings.,
ildings,
parking areas, and driveways
(d) Identification and location of existing vegetation etation to be
retained
(e) Identification and location of non-livinglandscaping
to be used P g materials
(f) Identification of on -site snow storage areas
(g) Drainage patterns
(h) Description of buildings, includinq buildin hei ht
g q , , round
floor dimensions, kinds of buildinq materials
archi-
tecture anticipated;
M Physical features of the ro erty includin '
P p c1 location of all
buildings, in ress and eqress, any unusual features of the
property which may restrict development or drains e.
1
14.25.035 Landscaping/Site Plan: The City requires submittal of
a
_.,;preliminary site plan and approval by the Landscaping Rev' •
p g Review Board prior to
-4iany land clearning and/or tree cutting. (Ord 1094)
14.25.040 Landscapinq Plan - Performance Criteria:
(a) Objectives:for Landsca in Plan:
An effective landscaping plan should utilize a variety of
techniques for achieving the intent of this ordinance. The
appropriate placement or retention of vegetation in sufficient
amount will provide the best results. Perimeter, interior, and
parking lot landscaping should be included as components of the
overall landscaping plan.
P
(b) Perimeter Landscaping;
Perimeter lardscapine involves I. -he +and areas adjacent to lot
-lines within the property boundary, `�
P p ,� oundary, This buffer landscaping
serves to separate and minimize the impact between adjacent land
uses. Buffer landscaping
may � y be desirable along the perimeter of
the property to shield vehicular or buildinglights from ad'
9 adjacent
structures and to provide a visual separation between
pedestrians and vehicles.
(c) Interior Landscaping:
Interior landscaping involves those areas of the property
exclusive of the perimeter P P y
• P and parking lot areas. Interior
landscaping is desirable to separate uses or activities wit
hin
the overall development. Screening or visual enhancement lan - d
0 •*• Exh. . •� •••• ••
scaping is recommended to accent or complement buildings, to
identify and highlight entrances to the site, and to provide for
attractive driveways and streets within the site.
(d) Parking Lot Landscaping:
Parking lot landscaping involves the land areas adjacent to or
within all parking lots and associated access drives. Parking
lot landscaping serves to provide visual relief between vehicle
parking areas and the remainder of the development. It also is
desirable for the purpose of improving vehicular and pedestrian
circulation patterns:
(e) Maximum Required Landscaping:
The Landscapinq Review Board shall not require more than five
percent (5%) of any Project area to be landscaped.
M Review: The Site Plan Review ,Board may reconsider plans after
they have been aeproved ifroblems arise in carrying out the
landscaping/.site plan as originally approved.
14.25.045 Site Plan - Performance Criteria
(a) Objectives:
An effective site plan should utilize a variety of techniques
for achieving the intent of this ordinance. The appropriate
placement or retention and improvements of buildings, parking
lots, etc. should be considered on the site plan.
(b) Buildings:
A Commercial or industrial use housed in the building is to be
compatible with the surrounding properties, Land Use Plan, and not
be hazardous to the health, safety, and welfare of citizens.
(c) The Site Plan shall list any special permits or approvals which
may be required for completion of the project. (d) Parking Lots: referenced
on the Site Plan shall comply with 14.20.250
,(e) Snow Storage/Removal and Drainage as referenced on the Site Plan shall
be compatible with the surrounding area.
14.25.050 Landsca in /Site Plan Review Board: (a) Membership,
Qualifications, Terms and Rules:
The Landscaping/Site Plan Review Board shall consist of not less
than five members who shall serve without pay. Members shall be
appointed by the Mayor and confirmed by the Council. Members
shall be appointed for a term of three.years, excepting the
initial members who shall be appointed for a one, two, or three
year term. The Board shall elect a chairman, and vice-chairman.
rA MAJORITY OF THE MEMBERSHIP SHALL CONSTITUTE A QUORUM FOR THE
PURPOSE OF TRANSACTING BUSINESS.1 A quorum, for the purposes of
transactinq business, shall consist of a minimum of two (2)
members.
(b) Meetings and Proceedings:
The Board shall meet to review and take action on a landscaping
and site plan within fourteen (14) days of satisfactory submittal
to the (BUILDING OFFICIALI Planninq Department. The Building
Official shall issue a building permit upon approval of the
3
WPaip •••00....Exh.
94 Pages
associated landscapinq/site plan by the Board or the expiration
of 14 days without official Board action, providing all of the
other requirements for the issuance of a building permit have
been met. Any appeal of the action of the Board shall be
submitted in writing to the Kenai City Council. (Ord 1077).
14.25.060 Lmpletion - Landscaping Plan All required landscaping as
presented in the approved landscaping p an s all be installed prior to the
issuance of the Certificate of Occupancy by the Building Official.[WITHIN
NINE (9) MONTHS OF THE COMPLETION OF THE BUILDING CONSTRUCTION.] The
Planning Specialist or any member of the Board may[SHALLI make the final
inspection to verify the completion of the required landscaping. In the
event that the landscaping has not been completed upon request for the
Certificate of Occupancy, the Building Official may rentertain application
for a one-time termporary nine (9) month Certificate of Occupancy which
shall be subject to approval by the City Council.l grant a temporary
certificate not to exceed nine (9) months. -�
14.25.065 Completion - Site Plan: All re uirements as outlined in
Section 14.25.04 sha be ns, tal 16d-- according to the site lan as approved
by both developer and Landscaping/Site Plan Review.Board and shall be
approved by the Buildinq Official or Planning _Specialist. All
restrictions cited in Section 14-25.060 shall apply to this section,
14.25.070 Modifications: Whenever there are practical difficulties
in carrying out the provisions of this chapter the Planninq (AND ZONING
Specialist may qrant minor modifications for individual cases, rovided the
Planninq [AND ZONING] Specialist finds that a special individual reason
`makes the strict letter of this ordinance improactical and that the
modification is in conformity with the intent and purposes of this
ordinance.
rl4.25*0701 14.25.080 Expiration: If construction of the project has
not started within 180 days of approval of the landscape/site to plan, the
approval shall lapse.
_ 14.25.090 Penalties: Penalties for non-compliance with this
chapter shall be as set orth by KMC 14.20.1600
14* 25.100 . Definition - Landscaping : `Landscaping" means thy;
treatment of the ground surface with live planting materials, including but
not limited to, trees, shrubs, grass, ground cover or other growing
horticultural material. Other materials such as wood chips, stone or
,
decorative rock may also be utilized. A list of recommended landscaping
materials shall be provided by the City of Kenai. (Ord 1037)
4
•.. •. e • • • Exh• r •� • a . • • •
!9 Pag.9
Suggested by: Administration
CITY OF KENAI
ORDINANCE NO. 1149-86
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE SECTION 14.25 ENTITLED "LANDSCAPING
REGULATIONS."
WHEREAS, problems have arisen implementing requirements of the
landscaping regulations; and,
WHEREAS, the Planning and Zoning Commission, at their June 11,
1986 meeting, approved the attached amendments to KMC 14.25.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that KMC 14.25 entitled "Landscaping Regulations"
be amended as defined on the attached Exhibit "A."
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this second
day of July, 1986,
TOM WAG NER, YOR
ATTEST:
et Whelan, City Clerk
Jrk
First Reading: June 18, 1986
Second Reading: July 2. 1986
.Third Reading: July 16, 1986
Effective Date: Aug. 16, 1986
6/27/86
Chapter 14.25
LANDSCAPING REGULATIONS
Sections:
14 •25 •010
Intent
14.25.020
Application
14.25.030
Landscaping
Plan - Submittal Requirements
14.25 .035
Landscaping
Site Plan
14.25.040
Landscaping
Plan - Performance Criteria
14.25.050
Landscaping
Review Board
14.25.060
[SECURITY AGREEMENT] Completion
14.25.070
[DEFINITION
- LANDSCAPINGJ Modifications
14 •25 •080
Expiration
14*25.090
Penalties
14,25.100
Definitions
14.25.010 Intent: It is the intent of this section to
provide for landscaping and/or the retention of natural
vegetation in conjunction with commercial and industrial
development within the City of Kenai. The general purpose of
landscaping is to visually enhance the city's appearance,
maintain or increase property values, and reduce erosion and
storm runoff. (Ord 1094)
14.25.020 Application: This section shall apply to all
commercial and industrial development within the City of Kenai.
"Commercial development" shall be defined as any improvements
requiring a building permit for construction of $10,000 or more
located on properties within the Central Commercial (CC), General
Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL)
zoning districts. (Ord 1094)
14.25 •030 Landscaping Plan - Submittal Requirements: Three
(3) copies of the landscaping plan shall be submitted for
approval to the [BUILDING OFFICIAL IN CONJUNCTION WITH A REQUEST
FOR BUILDING PERMIT IN COMPLIANCE WITH THIS SECTION.] Planning
and Zoning Specialist prior to the issuance of a builidng permit.
One copy of the approved plans shall be returned to the
applicant; one copy filed; and the third copy showing action
taken, filed with the Building Inspector. The landscaping plan
shall be prepared at a minimum scale of 1" - 201; and shall
include the following information:
(a) Common and scientific name of the planting materials to
be used in the project
(b) Typical planting details
(c) Location of all planting areas and relationship to
buildings, parking areas, and driveways
(d) Identification and location of existing vegetation to
be retained
ot A
.46 0
F •��•1.••••. •••..••••
of ..... • .... Pages
r
4 L
(e) Identification and location of non -living landscaping
materials to be used
(f) Identification of on -site snow storage areas
(g) Drainage patterns
14.25.035 Landscaping Site Plan: Require submittal of
preliminary site plan and approval by the Landscaping Review
Board prior to any land clearning and/or tree cutting. (Ord
1094)
14.25.040 Landscaping Plan --Performance Criteria:
(a) Objectives:
An effective landscaping plan should utilize a variety
of techniques for achieving the intent of this
ordinance. The appropriate placement or retention of
vegetation in sufficient amount will provide the best
results. Perimeter, interior, and parking lot
landscaping should be included as components of the
overall landscaping plan.
(b) .Perimeter Landscaping:
Perimeter landscaping involves the land areas adjacent
to lot lines within the property boundary. This buffer
landscaping serves to separate and minimize the impact
between adjacent land uses. Buffer landscaping may be
desirable along the perimeter of the property to
shield vehicular or building lights from adjacent
structures and to provide a visual separation between
pedestrians and vehicles.
(c) Interior Landscaping:
Interior landscaping involves those areas of the
property exclusive of the perimeter and parking lot
areas. Interior landscaping is desirable to separate
uses or activities within the overall development.
Screening or visual enhancement landscaping is
recommended to accent or complement buildings, to
identify and highlight entrances to the site, and to
provide .for attractive driveways and streets within the
site.
(d) Parking Lot Landscaping:
Parking lot landscaping involves -the land areas
adjacent to or within all parking lots and associated
access drives. Parking lot landscaping serves to
provide visual relief between vehicle parking areas and
the remainder of the development. It also is desirable
for the purpose of improving vehicular and pedestrian
.circulation patterns.
(e) Maximum Required Landscaping:
The Landscaping Review Board shall not require more
than five percent (5/10) of any Project area to be
landscaped.
it
Paip .1.9 ......... Echo .....
0 ... ....... Pages
r !
f
14.25.050 _Landscaping Review Board: (a) Membership,
-- Qualifications Terms
, , and Rules
The Landscaping Review Board shall consist of not less
than five members who shall serve without pay. Members
shall be appointed by the Mayor and confirmed by the
Council. Members shall be appointed for a term of
three years, excepting the initial members who shall be
appointed for a one, two, or three year term. The
Board shall elect a chairman, vice-chairman, and clerk.
A majority of the membership shall constitute a quorum
for the purpose of transacting business.
(b) Meetings and Proceedings:
The Board shall meet to review and take action on a
landscaping plan within fourteen (14) days of
satisfactory submittal to the Building Official. The
Building Official shall issue a building permit upon
approval of the associated landscaping plan by the
Board or the expiration of 14 days without official
Board action, providing all of the other requirements
for the issuance of a building permit have been met.
Any appeal of the action of the Board shall be
submitted in writing to the Kenai City Council. (Ord
1077).
14.25.060 [SECURITY AGREEMENT] 'Completion: All required
� landscaping as presented in the approved landscaping plan shall
be installed [PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF
.00CUPANCY BY THE BUILDING OFFICIAL] within nine (9) months of
completion of the building construction. The BUILDING OFFICIAL]
Planning and Zoning Specialist shall make the final inspection to
verify the completion of the required landscaping. In the event
that the landscaping has not been completed upon request for the
Certificate of Occupancy, the Building Official may entertain
application for a one-time termporary nine (9) month Certificate
of Occupancy which shall be subject to approval by the City
Council. The Landscaping Review Board may grant extensions to
the completion date for unusual circumstances as the Board deems
necessary. —
14.25.070 Modifications: Whenever there are ractical_
difficulties in carrying out the provisions of this chapter the
Planning and Zonin s ecilist may rant minor modifications for
individual cases,provided the Planning and Zoning Specialist
finds that a special individual reason makes the strict letter of
this ordinance impractical and that the modification is in
conformity with the intent and purpoes of this ordinance.
14.25.080 Expiration: If construction of the project has
not started within 180 days of approval of the landsca a lan,
the approval shall lapse,
14.25.090 Penalties: Penalties for non-compliance with
this chapter shall be as set forth by KMC 14.20.1600
hAe w
Pam .......... Exh..........
...... Pages
[14*25eO701 14.25 . 100 Definition - Landscaping:
"Landscaping" means the treatment of the ground surface with live
planting materials, including but not limited to, trees, shrubs,
grass, ground cover or other growing horticultural material.
Other materials such as wood chips, stone, or decorative rock may
also be utilized. A list of recommended landscaping materials
shall be provided by the City of Kenai. (Ord 1037)
N
Pago • . -J7
• . 6 ..... EA.... .... .
......... Pages
10915,050
10,15.050 Appointment and Authority of Revisor: (a)
The City Attorney is designated as Revisor of ordinances and
may act either in person or by delegating authority contained
herein to another, and where "Revisor" is used herein, it
will apply either to the City Attorney or his delegate.
(b) In the case of additions to this Code or amendments
to, or repeal of, any provisions of this Code by subsequent
ordinances, the Revisor shall prepare new pages of the Code
to be placed in the proper order to show such added provisions,
to replace the amended provisions with the new provisions as
amended, and to omit the repealed provisions.
(c) The Revisor of ordinances shall revise for consoli-
dation in the Kenai Municipal Code all ordinances of a
permanent and general nature enacted by the Council.
(d) The Revisor shall edit and revise the ordinances
for consolidation without changing the meaning of any
Drdinance in the following manner:
(1) renumber sections, parts of sections, chapters,
and titles;
(2) change, delete, or provide new titles for sections,
chapters, and titles;
(3) change capitalization for the purpose of uniformity;
(4) substitute the proper designation for the terms
"the preceding section," "this ordinance" and like
terms;
(5) substitute the proper calendar date for "effective
date of this act," "date of passage of this act," and
other phrases of similar import;
( 6 ) strike out figures if they are merely a repetition
of written words or vice versa, or substitute figures
for written words or vice versa for the purpose of
uniformity;
(7) correct manifest errors which are clerical or
typographical, errors in spelling or grammar, or
errors by way of additions or omissions;
( 8 ) correct manifest errors in reference to laws,
regulations, ordinances, or other sections of this
Code.
(9) rearrange sections, combine sections or parts of
sections with other sections or parts of sections,
divide long sections into two or more sections, and
rearrange the order of sections to conform to a logical
arrangement of subject matter as may most generally be
followed in the Kenai Municipal Code.
(10) change all sections, when possible, to read in the
present tense, indicative mood, active voice, third
person, and singular number, or any other necessary
grammatical change in the manner generally followed
in the Kenai Municipal Code.
(11) delete or change sections or parts of sections if
a deletion or change is necessary because of ordinance
amendments which did not specifically amend or repeal
them;
(City of Kenai
Supp. #3 - 6/20/80)
10-4
pale .......... •�eeoe���
Of •••eY.!•••••• Pacj"
10.15.050-10.20.020
�(12) omit all temporary laws, all titles to acts, all
enacting and repealing clauses, all declarations of emer-
gency, and all purpose, validity, and construction clauses
unless, from their nature, it may be necessary to retain
some of them to preserve the full meaning and intent of the
ordinances. (Ords' 543, 559)
10.15.060 Ordinance as Prima Facie Evidence of Chan e: The
ordinances herein and subsequent ordinances as numbered and
included in the Kenai Municipal Code, or omitted in the case of
repeal, shall be prima facie evidence of such ordinances until
this Code of ordinances and subsequent ordinances number
ed and
included, or omitted, and readopted as a new Code of Ordinances
by the City Council. (Ord 543)
Chapter 10.20
FORM OF MODIFICATIONS OF CODE
Sections:
10.20.010 Additions to code. •••
10.20.020 Amendments to code.
l 10.20.030 Repeal.
J
10 .20 ..010 Additions to Code: ( a) In the event a new
title, chapter, section, or subsection, not heretofore existin
g
in the Code, is to be added thereto, substantially the following
language shall be used:
"That the City of Kenai Code of Ordinances is hereby amended
by adding a new (fill in "title," "chapter,"
"section," or "subsection") to be numbered
which shall read as follows:";
(b) The'new addition shall then be set out in full as
desired. (Ord 543)
10.20.020 Amendments to Code: (a) Amendments to any of
the provisions of this Code shall be made by amendingsuch
provisions b specific reference
y s p ce to the section or subsection
number of this Code in substantially the followinglanguage:
e:
"That g g
(fill in the Code citation of the
portions to be amended) is hereby amended as follows:".
(b) Following the above statement the portions to be
amended shall be set out including all language which is to be
added thereto in addition to all of the language contained
10-5
(City of Kenai
Supp. #38 - 9/9/85)
P
Of • ......co? pages
Chapter 14.25
.......... ............................................................. I
.PL.................................................................. ...... ......
LANDSC.A.P.I..N.G.Z_ .I.T.ANREGULATIONS
R.E.G.U.L.A.T.I.O.N.S.
Sections:
14.. 25. 010
Intent
14.. 25. 020
Application
14.. 25. 030
Landscaping / S i t e Plan - Submittal
Requirements
14.. 25. 035
Landscaping/Site Plan
14. 25. 04.0
Landscaping Plan - Performance Criteria
14.. 25. 04.5
Site Plan - Performance Criteria
14..25.050
Landscaping/Site Plan Review Board
14.. 25. 060
Completion - Landscaping Plan
14.. 25. 065
Completion - Site Plan
14.. 25. 070
Modifications
14. 25. 08O
Expiration
14.. 25. 090
Penalties
14.. 25. 100
Definition - Landscaping
14.. 25. 010 x.n_t.en.�.. ( a ) Site Plans: It is the intent of
this section to provide for orderly and safe development of the
City commensurate with protecting the health, safety, and welfare
of its citizens, and adequate and convenient open spaces, light,
and air, in order to avoid congestion of commercial and
industrial areas.
(b) Landscaping Flans: It is the intent of this section to
provide for landscaping and/or the retention of natural
vegetation in conjunction with commercial and industrial
development within the City of Kenai. The general purpose of
landscaping is to visually enhance the City"s appearance,
maintain or increase property values, and reduce erosion and
storm runoff. (Ord. 1094. )
14.. 25 020 Appation: This s section shall apply y t o all
..l.�
commercial and industrial development within the City of Kenai
and shall apply to both the landscaping and site plans.
"Commercial development" shall be defined as any improvements
requiring a building permit for construction of $10,000 or more
located on properties within the Central Commercial (CC), General
Commercial (CG), Heavy Industrial (IH) and Light Industrial (IL)
zoning districts. It shall be unlawful for any person to
construct, erect or maintain any structure, building, fence, or
improvement, including landscaping, parking, and other facilities
1
Fag® se•s'seeooa Exh, 000000•••
O o00000000000ages
on property designated as a commercial tract unless such
improvements are constructed or reconstructed in a manner
consistent with the approved plan.
14. M 25 N 025 L.andscap .i ng / s t.e.......Plan �- Submittal Requirement s
..................................................................
....................,................
........................
Three (3) copies of the landscaping/site Man shall be submitted
for approval to the Planning specialist prior to the issuance of
a building permit. One copy of the approved plans shall be
returned to the applicant; one copy filed; and the third copy
showing action taken, filed with the Building Official. The
landscaping/site plan shall be prepared at a minimum scale of 1"
20' and shall include the following information
(a) Common and scientific name of the planting materials to
be used in the project;
(b) Typi.cal planting details;
(c) Location of all planting areas and relationship to
buildings, parking areas, and driveways;
(d) Identification and location of existing vegetation to
be retained,
(e) Identification and location of non --living landscaping
materials to be used;
(f) Identification of on -site snow storage areas;
(g) Drainage patterns;
(h) Description of buildings, including building height,
ground floor dimensions, kinds of building materials, type of
architecture anticipated;
(i) Physical features of the property including location of
all buildings, ingress and egress, any unusual features of the
Property which may restrict development or drainage.
14. -- 25. 035 Landscap.i.ng /Site P.l.an : Submittal of a
Preliminary landscaping/site plan and approval by the
Landscaping/site Plan Review Board is required prior to any land
clearing and/or tree cutting.
14.. 25. 040 L.andscap.x..n.g.......P..An � Perf ormanoe Cr i t er i a M (a)
...........................................+............................................................................................................ ..................-
Objectives
for Landscaping Plan: An effective landscaping plan
should utilize a variety. of techniques for achieving the intent
of this ordinance. The appropriate placement or retention of
vegetation in sufficient amount will provide the best results.
Perimeter, interior, and parking lot landscaping should be
included as components of the overall landscaping plan.
(b) Perimeter Landscaping: Perimeter landscaping involves
the land areas adjacent to lot lines within the property
boundary. This buffer landscaping serves to separate and
minimize the impact between adjacent land uses. Buffer
landscaping may be desirable along the perimeter of the property
0%
o? 0 of
Nag® ••.•••••.. F.xh• .••....••
o ....`:? ...... Pages
to shield vehicular or building lights From adjacent structures
-- and to provide a visual separation between pedestrians and
vehicles.
(c) Interior Landscaping: Interior landscaping involves
those areas of the property exclusive of the perimeter and
parking lot areas. Interior landscaping is desirable to separate
uses or activities within the overall development. Screening or
visual enhancement landscaping is recommended to accent or
complement buildings, to identify and highlight entrances to the
site, and to provide for attractive driveways and streets within
the site.
(d) Parking Lot Landscaping: Parking lot landscaping
involves the land areas adjacent to or within all parking lots
and associated access drives. Parking lot landscaping serves to
provide visual relief between vehicle parking areas and the
reminder of the development. It also is desirable for the
purpose of improving vehicular and pedestrian circulation
patterns.
(e) Maximum Required Landscaping: The Landscaping/Site
Plan Review Board shall not require more than five percent (5%)
of any proJect area to be landscaped.
(f) Review: The Landscaping/Site Plan Review Board may
recaps*der plans after they have been approved if problems arise
in carrying out the landscaping/site plan as originally approved.
14.. 25. 04.5 Site Plan �- Performance Criteria". a
....................._..................................---...........-..........................-- _...............
Objectives: An effective site plan should utilize a variety of
techniques for achieving the intent of this ordinance. The
appropriate placement or retention and improvements of buildings,
parking lots, etc. should be considered on the site plan.
(b) Buildings: A commercial or industrial use housed in
the building is to be compatible with the surrounding properties,
land use plan, and not be hazardous to the health, safety, and
welfare of citizens.
(c) Special Permits: The site plan shall list any special
permits or approvals which may be required for completion of the
project.
(d) Parking Lots: Parking lots referenced on the site plan
shall comply with KMC 14.25.250.
(e) Snow Storage/Removal and Drainage: Snow
storage/removal and drainage as referenced on the site plan shall
be compatible with the surrounding area.
14. M 25. 050 L.andscap a� n�,� 5_x. t e P l a.n.....Re.v i ew Board
Membership, Qualifications, Terms,, and Rules: The
Landscaping/Sate Plan review Board shall consist of not less than
five (5) members who shall serve without pay. Members shall be
appointed by the Mayor and confirmed by the Council. Members
3
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O oo.Oo�Ooa.ev �a
gas
shall be appointed for a term of three (3) Years, excepting the
initial members who shall be appointed for a one, two , or three -
Year term. The Board shall elect a chairman and a vice-chairman.
A quorum, for the purposes of transacting business, shall consist
of a minimum of two (2) members.
(b) Meetings and Proceedings: The Board shall meet to
review and take action on a landscaping and site plan within
fourteen (14.) days of satisfactory submittal to the Planning
Department. The Building Official shall issue a building permit
upon approval of the associated landscaping/site plan by the
Board or the expiration of fourteen (14.) days without official
Board action, providing all of the other requirements for the
issuance of a building permit have been met. Any appeal of the
action of the Board shall be submitted in writing to the Kenai
City Council.
14. , 25. 060 Comp l et i on -� L. andscap i .................................. I ...................
.... I ......... I n� .�' �, an M All required
............. .... landscaping as presented in the approved landscaping plan shall
be installed prior to the issuance of the Certificate of
Occupancy by the Building Official. The Planning Specialist or
any member of the Board may make the final inspection to verify
the completion of the required landscaping. In the event that
the landscaping has not been completed upon request for the
Certificate of Occupancy, the Building 'iOf f i c i a l may grant a
temporary certificate not to exceed nine (9) months.
14.. 25. 065 Complet ion - Site Plan: All requirements as
..... .1 ......................................... ...................................................................
outlined in Section 14M 25. 04.5 shall be installed according to the
site plan as approved by both developer and Landscaping/Site Plan
Review Board and shall be approved by the Building Official or
Planning Specialist. All restrictions cited in Section 14.25.060
shall apply to this section.
14.. 25 « 070 M.p.d.i.f... ica�. ans � Whenever there are practical
difficulties in carrying out the provisions of this chapter, the
Planning specialist may grant minor modifications for individual
cases, provided the Planning Specialist finds that a special,
individual reason makes the strict letter of this ordinance
impractical and that the modification is in conformity with the
intent and purposes of this ordinance.
14.. 25. 080Exploration: If construction o
„f the project has
not started within 180 days of approval of the landscaping/site
plan, the approval shall lapse.
14.. 25. 090 Pena l t i„ e ." Penalties for non -comp l i ance with
this chapter shall be as set forth by KMC 14.20.160.
4
A L) $I
page . .
...7....
Of ,pages
14. 25. 100 DeT "' i n i -, t *** ion * Landscap i 09 N " Landscaping" means
the treatment of the ground surface with live planting ant i n .
p � materials,
including but not limited to, trees, shrubs,, grassy around cover
or other growing horticultural material. Other materials such as
wood chips, stone, or decorative rock may also be utilized. A
list of recommended landscaping materials shall be provided by
the city of Kenai.
5
J�
Page .........*
see•eee�•
Of ...:rOo*, ... Pages
a - h
Suggested By: Administration
CITY OF KENAI
ORDINANCE 1193-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE SENIOR
DAY CARE FUND BY $998 FROM DONATIONS.
WHEREAS, the City has received an additional $998 in Senior Day
Care donations which have not been appropriated; and,
WHEREAS, the Senior Day Care Project Coordinator wishes to use
$570 for travel to attend a training workshop in Juneau and the
remaining $428 for operating supplies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
Senior Dav Care
Increase Estimated Revenues:
Donations 998.00
Increase Appropriations.
Transportation $570.00
Operating Supplies 428.00
Y v . v v
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth
day of March, 1987,
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: February 18, 1987
Second Reading: March 4, 1987
Effective Date: March 4, 1987
Approved by Finance:
(2/13/87)
c-7
Suggested By: City Attorney
CITY OF RENAI
RESOLUTION 87-9
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT
THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1986-87 GENERAL
FUND BUDGET,
From:
Other - Contingency $4,000
To:
Legal - Professional Services $4,000
This transfer provides additional money for legal consulting
ting
charges. The account was reduced earlier in the fiscal year
transfers to the salary account,
y by
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that fourth h
day of March, 1987.
N
JOHN J. WILLIAMS, MAYOR
ATTEST:
Janet Whelan, City Clerk
Approved by Finance:
( 2/26/87 ) �`
C=on" ROO
Suggested By:
CITY OF KENAI
RESOLUTION 87-10
Administration
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT
THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1986-87 GENERAL
FUND BUDGET,
From:
Other - Contingency $3,835
To:
Fire - Repair & Maintenance $3,835
This transfer provides money to repair the wind -damaged roof of
the Fire Department.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that fourth
day of March, 1987.
ATTEST:
Janet Whelan, City Clerk
Approved by Finance:
(2/27/87)
(f 4C3
JOHN J. WILLIAMS, MAYOR
• 41
d a e C�9
0 �
DEPARTMENT OF REVENUE
550 W. 7th Avenue
AL(.OhOL/CBEVER4GELnNTRpL BOARD Anchorage, Alaska 99501
February 2, 1987
Janet Whelan, Clerk
City of Kenai
210 Fidalgo
Kenai, AK 99611
Dear Ms. Whelan;
We are in receipt of the following application(s) for renewal
liquor license(s) within the _ Cit-of Kenai
. You are
being notified as required .by AS O4.11,520,
BEVERAGE DISPENARY LICENSE
KENAI_JOES BAR
SAY
Wool
0
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c-
CITY OF KENAI
;'I'e7l 44a4a it
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Councilmembers
City of Kenai
FROM: John J. Williams, Mayor
City of Kenai
DATE: February 12, 1987
RE: Library Commission
I have recently received a notice from Ronnie Chappel that he
will no longer be able to serve on the Library Commission and has
resigned. I would like the approval of the Council to have Mr.
ennis Simmon to serve on the Library Commission fulfilling Mr.
Chappel's term.
JJW/clf
s
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
FEBRUARY 18, 1987
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 (10 Minutes)
1. Roger Boyd - One Stop Liquor, Liquor License Renewal
2, Bob Summers - Veteran's Memorial
C. PUBLIC HEARINGS
1. Ordinance 1190-87 - Amending KMC Title 21, adding a new
chapter and forming an Airport Commission.
a, Substitute
2. *Renewal of Liquor License
Kenai Merit Inn
Kenai Joe's
3. Liquor License Renewal
Little Ski-Mo Drive Inn
Runway Lounge
Pizza Hut No. 9
4. Ordinance 1180-86 - Amending Title 16 of the Kenai
Municipal Code, Adding a new section providing for
supplemental assessments for special assessments..
D. COMMISSION REPORTS
1. Planning & Zoning
2, Harbor Commission
3, Recreation Commission
4. Library Commission
E. MINUTES
1. *Regular Meeting, February 4, 1987
F. CORRESPONDENCE
G. OLD BUSINESS
H. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified.
2. Requisitions Exceeding $1,000.
3. *Ordinance 1185-87 Amending KMC Title
3, Animal
Control Provisions.
4. *Ordinance 1193-87 - Increase estimated revenu
es and
appropriations - Senior Day Care Fund donations, $998,
5. *Ordinance 1191-87 - Amending Chapter 14.25,
Landscaping/Site Plan Regulations.
6. Boat Facility, Change Order No. 1, PilingSubstitution.
7. -Boat Facilit Change tutzon.
y, nge Order No. 2, Floating Dock.
8. Discussion - Cemetery Sexton
I. ADMINISTRATION REPORTS
1.
City Manager
2.
City Attorney
3.
Mayor
4.
City Clerk
5.
Finance Director
6.
Public Works Director
7,
Airport Manager
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Five t Minutely
ADJOURNMENT
KENAI CITY COUNCIL - REGULAR MEETING, MINUTES
FEBRUARY 18, 1987 - 7:00 PM
KENAI CITY HALL
MAYOR JOHN J. WILLIAMS PRESIDING
PLEDGE OF ALLEGIANCE
Mayor Williams noted this is Patriotism Week
A. ROLL CALL
Present: Art McComsey, Chris Monfor, Sally Bailie, Ray
Measles, Tom Ackerly, John Williams, John
Wise
Absent: None
A-1 Agenda Approval
Agenda approved by unanimous consent.
A-2 Consent Agenda
Mayor Williams asked that item C-3 be added to the
Consent Agenda, but the Runway Lounge decision be
postponed to the March 4 meeting.
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Bailie, to approve the Consent Agenda as amended.
Motion passed by unanimous consent.
ADDITION:
At this time a representative from the Hospice Program
served a pie to Mayor Williams.
B. PERSONS PRESENT SCHEDULED TO BE HEARD
B-1 Roger Boyd - One Stop Liquor, Liquor License Renewal
Mayor Williams explained he had conducted an advisory
vote of Council to postpone action on this item till
the Feb. 18 meeting. Mr. Boyd explained, he thought a
lot of testimony made regarding this request has been
emotional in nature and not the facts. He was very
careful with the application when he made it. He worked
with Alcoholic Beverage Control Board. Regarding
posting of legal descriptions, it was the
recommendation of the ABC to put it on the milepost.
ABC also said it had to be posted on the property. ABC
sent investigators down and interviewed him. They
found no problems. ABC granted the license because it
is better able to serve the public need than clustering
them all down town. The 7-11 Store protested because
they wanted it themselves. They dropped their protest
before it was heard by ABC, because there were no
problems. He lost a year in the process. The people
in the area have objected. He feels they have no
substance. The neighbors that have objected are in a
one -block area with 3 houses. These houses are on lots
that have been zoned commercial for many years. Just
because they do not want it does not mean they can stop
business. He has not asked for a special variance. It
is in agreement with the Comprehensive Plan. He has
proposed a convenience store, gas station and liquor
store. He found Council objection to be inconsistent.
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 2
They have given land to HEA and FAA, they had a special
meeting to get a car dealership and asked ABC to grant
a liquor license that was revoked. What he has done so
far has been scrutinized by the dealership of the
company, the neighborhood and ABC. They have found
nothing. His project has been slowed down by the
economic slowdown but is on track now. ABC has granted
a time extension but he will lose it if this is done
now. The objection has been from neighbors that have
built on commercial property. He asked the City to
grant him a chance to work and develop a business.
City Manager Brighton asked, if he was granted a
license, does he have the ability to sell it without
ever having been in business? Answer - no.
MOTION, Reconsideration:
Councilman Wise moved, seconded by Councilman Measles,
to reconsider the action of the Feb. 4 meeting
regarding One Stop liquor license.
Councilwoman Bailie asked why it took six days for the
letter to be drafted. Mayor Williams replied the Clerk
was on vacation and the Acting Clerk did not do it.
Councilwoman Bailie asked if all the letters to ABC
were late. Clerk Whelan replied, she did not know the
dates of mailing, but they were all late. Councilwoman
Monfor said she talked to ABC, when a package liquor is
proposed, they have neighborhood meetings to discuss
it. This did not take place. Mr. Boyd was not singled
out, but she has a problem with a developer clearing
trees and not building. Because he was not able to
build the store we have not had sales tax. An
extension request was put in the packet, that is when
Council should have done something. Councilman
McComsey said he voted to rescind because there had
been no construction. He did not think the economy
would be any better next year.
VOTE (failed):
Yes: McComsey, Measles, Wise
No: Monfor, Bailie, Ackerly, Williams
B-2 Bob Summers - Veterans' Memorial
Mr. Summers noted Added Item A-2, the right and ability
to throw a pie in the Mayor's face is one of the
benefits of living in the United States. He introduced
Jim Thebaut, chairman of the Veterans' Memorial
Committee. Mr. Thebaut explained the committee was
formed to get a veterans' memorial built in the City.
They have had this in their hearts for a long time. It
is not just for veterans, but for non -veterans,
business people, etc. The idea is not just for fallen
veterans, but for all veterans deceased, living and
future veterans. The City is building a memorial park,
this has been discussed with veterans' organizations
and social organizations. They felt the Memorial Park
was the best place. The City has always been helpful
with the veterans. It is not just a gift to the City,
but to the Borough and the State. They are not asking
for money, if they are going to have a memorial, they
should build it. All of the community will be
involved. They have started a design contest, it has
been overwhelming. The schools will be involved. They
went to the City Beautification Committee and had a lot
of support. They are asking for permission to build in
the Memorial Park. They have contacted construction
KENAI CITY COUNCIL
FEBRUARY 18, 1987
i Page 3
people and will contact an architect. They will work
closely with the Beautification Committee for theme and
location. They have two possible dead lines, Memorial
Day or July 4. This is their way of paying back other
people for what they have received from the City and
their country. Councilwoman Bailie noted the
Beautification Committee is in agreement with this, as
long as they keep in touch with the committee.
MOTION:
Councilwoman Monfor moved, seconded by Councilman
McComsey, that the veterans be able to place a memorial
in the Memorial Park, subject to approval by the
Beautification Committee and without cost to the City.
Motion passed by unanimous consent.
C. PUBLIC HEARINGS
C-1 Ord. 1190-87 - Amend. KMC - Airport Commission
a. Substitute O.d. 1190-87
MOTION:
Councilman Ackerly moved seconded by Councilwoman
Monfor, to adopt the substitute Ordinance 1190-87.
Atty. Rogers asked that section 21.25.020 be amended to
change the words "Ordinance 1161-86" to "KMC 1.90." He
further requested that the last sentence of section
21.25.020 be deleted, explaining that Council is taking
away their own discretion by including this. The Code
says Council may exempt people, this says they will.
Councilman Ackerly asked, what happens if we cannot
find anybody that meets the requirements as listed?
Atty. Rogers replied, Council does not have to.
MOTION, Amendment:
Councilman Ackerly moved, seconded by Councilwoman
Bailie, to amend the ordinance as requested by Atty.
Rogers.
VOTE, Amendment:
Motion passed by unanimous consent.
Councilwoman Bailie asked if Harbor Commission had the
same verbiage regarding residency requirements. Atty.
Rogers replied, that has been taken out. Mayor
Williams explained, by accepting the nomination of
Council, the exemption was accepted.
There was no public comment.
VOTE, Main Motion as Amended:
Motion passed unanimously by roll call vote.
ADDED ITEM:
Mayor Williams noted Item I-3, Airport Commission
recommendations. He has asked Ron Malston to serve as
temporary chairman of the Commission. Councilman Wise
asked if the terms will be staggered. Clerk Whelan
replied, that is required by the Comm/Comm Code.
Councilwoman Bailie noted there are no female
representatives. Several airport leases are by women,
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 4
the Hertz lease is in the wife's name. Mayor Williams
replied he had not received any applications from women
for this or the Harbor Commission. One of the reasons
he had asked for people outside of the City is that he
had difficulty finding people to serve. Councilwoman
Bailie noted that not all those selected had submitted
applications. She suggested putting two at -large
members on the commission. She added, women bring a
different view -point. We should not have all -women
commissions either. Mayor Williams replied he will
search for new appointments.
MOTION:
Councilman Measles moved, seconded by Councilman
Ackerly, to accept the members for the Airport
Commission as assigned.
VOTE (Passed):
Yes: McComsey, Monfor, Measles, Ackerly, Williams,
Wise
No: Bailie
C-2 Renewal of Liquor License:
Kenai Merit Inn
Kenai Joe's
Approved by Consent Agenda.
C-3 Renewal of Liquor License:
Little Ski-Mo Drive Inn
Runway Lounge
Pizza Hut #9
Approved by Consent Agenda, with Runway Lounge
postponed to March 4 meeting.
C-4 Ord. 1180-86 - Amend. KMC - Providing for Supplemental
Assessments for Special Assessments
Councilman Ackerly expressed appreciation to Finance
Director Brown for the memos.
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Bailie, to adopt the ordinance.
There was no public comment.
Councilman Wise objected to the ordinance, explaining
there are portions of the City that are not eligible
for FHA financing because of subsurface problems and
the flood plain. We are creating 150% escrow for an
unknown sum. Councilman McComsey asked, how often will
this be used? Finance Director Brown replied, the need
has never arisen. He did not anticipate it happening
often. If used on Inlet Woods, it may be a long
time before it is used again. He added, he will have
information put on public notices, etc. stating a claim
has been made and there may be a supplemental
assessment.
MOTION, Amendment:
Councilwoman Monfor moved, seconded by Councilman
Ackerly, to amend the ordinance to add "Section
16.10.180 (e) The sum of all supplemental assessments
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 5
in any one assessment district may not exceed 20% of
the initial approved assessment roll."
VOTE, Amendment:
Motion passed by unanimous consent.
Mayor Williams said sometimes AHFC will agree with
things other institutions will not. He hoped we do not
restrict further development. He asked if there was a
method to apply this ordinance only to Inlet Woods.
Atty. Rogers replied we cannot have special
legislation. Councilman Ackerly said we do not want to
burden all taxpayers for one district. Councilman Wise
said the ordinance means every future assessment
district will be subject to supplemental assessment
roles. Councilman Ackerly asked, when we create an
assessment district, can we put a deadline on the right
to protest? Atty. Rogers replied yes, it is covered by
the contract document. Public Works Director Kornelis
explained, regarding Inlet Woods. The Code does not
allow us to get involved with utility companies. The
claim is the contractor's problem. The utility
companies have no contract with the City. The City
feels they have no liability.
VOTE, Main Motion as Amended (Passed):
Yes: McComsey, Monfor, Bailie, Measles, Ackerly,
Williams
No: Wise
D. COMMISSION REPORTS
D-1 Planning & Zoning
None
D-2 Harbor Commission
Councilman Ackerly noted there will be a work session
Feb. 19.
D-3 Recreation Commission
None
D-4 Library Commission
Councilwoman Bailie noted the list of goals set by the
Library Commission is appreciated.
ADDED ITEM:
Councilwoman Bailie asked if the Council on Aging could
be added to the Commission Reports. Council agreed to
the suggestion.
E. MINUTES
E-1 Regular Meeting, Feb. 4, 1987
Mayor Williams asked that page 12, item I-3 (9), the
Economic Development Committee meeting. Change the
word "first" to "regular."
Mayor Williams asked, regarding page 12, item I-3 (7).
Is Enstar paying their franchise fees? Finance
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 6
Director Brown replied yes, the controller said they
will make this year's payment.
ADDED ITEM:
Mayor Williams suggested Council does not need the
entire financial report each month, the monthly budget
report is sufficient. Council agreed to the
suggestion.
ADDED ITEM:
Mayor Williams noted there are two or three areas above
budget at this time. Shops and Streets are 740 over
58%. The Library situation is under control, but over
budget.
F. CORRESPONDENCE
None
G. OLD BUSINESS
None
H. NEW BUSINESS
H-1 Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Ackerly moved, seconded by Councilman
McComsey, to approve the bills as submitted.
Motion passed by unanimous consent.
H-2 Requisitions Exceeding $1,000
MOTION:
Councilman Measles moved, seconded by Councilwoman
Bailie, to approve the requisitions as submitted.
Motion passed by unanimous consent.
H-3 Ord. 1185-87 - Amend. KMC - Animal Control Provisions
H-4 Ord. 1193-87 - Increas. Rev/Appns - Senior Day Care
Donations - $998
H-5 Ord. 1191-87 - Amend. KMC - Landscaping/Site Plan
Regulations
Approved by Consent Agenda.
H-6 Boat Facility - Change Order #1 - Piling Substitution
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Monfor, to approve the change order.
Councilwoman Monfor asked, is this a zero amount and
will stay zero? Public Works Director Kornelis replied
yes, this will be better. He had discussed this with
Council. He thought we could extend the floating dock,
he asked them to fill in removal piles at no cost to
the City. They wanted us to buy the piles, he said no.
The engineering firm said they would be willing to pay
$1,600 extra. This will not cost the City anything.
There will be heavier steel piles and existing floats
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 7
extended. -Mayor Williams asked if he was sure the
grade will be equal or better than the original.
Answer - yes. Mayor Williams asked if there was any
way of knowing. Engineer Nelson replied, we will get a
certificate of compliance. Mr. Kornelis added, we have
quality control testing done.
Motion passed by unanimous consent.
H-7 Boat Facility - Change Order #2 - Floating Dock
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Bailie, to approve the change order.
Mayor Williams asked if there was sufficient money in
the contract, what are the available funds? Public
Works Director Kornelis replied, $106,000 above
contract. This will reduce it by $17,650.
Motion passed by unanimous consent.
H-8 Discussion - Cemetery Sexton
Councilwoman Bailie explained she asked that this be on
the agenda. We have not set up a contract for a sexton
and someone to dig the graves. It has been one year.
The City should accept the responsibility. Mayor
Williams asked, who opens the graves? Councilwoman
Bailie replied, the morticians do. We took over the
responsibility over a year ago. The morticians are
doing the job for us. If a mortician goes to Homer,
all is done for them. Why has nothing been done? City
Manager Brighton replied he did not know. Public Works
Director Kornelis reviewed the cemetery rules. The
cost to open and close is listed. We may not need a
contract, just find someone who will do it.
Councilwoman Bailie said she just wanted to know why it
has not been done. The City is taking the
responsibility for this. The contract has been
reviewed but has not been done. City Manager Brighton
said it will be resolved by March 4 meeting. Mayor
Williams reviewed the background: The cemetery belongs
to the City, we charge for the plot. Cemetery
Committee chairman Wisniewski asked, are the graves to
be dug by hand? Mr. Kornelis replied, it is not in the
contract. Mr. Wisniewski noted it should be done by
hand.
ADDED ITEM:
Councilwoman Monfor said there is a possibility Kenai
Elementary will be closed. If they do that, it will
sit empty for 1-2 years. It is owned by the Borough.
They feel a need for it down the road. It is in the
core of the City, and is a detriment to be closed. She
suggested a resolution be prepared for the March 2
School Board meeting saying we do not support closing
the school.
Councilwoman Monfor also suggested a resolution to the
Legislature asking for bond indebtedness to 800. If
they do not, it will affect our mill rate and the
Borough mill rate. We have the biggest bond
indebtedness because of the six new schools.
1
Councilman Ackerly said he would support never opening
Swires school, or putting the school offices in Kenai
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 8
Elementary. Councilwoman Monfor said they will not put
the offices there if they see projected enrollment need
in the future. City Manager Brighton said he attended
the School Board meeting, 7-8 of 10 of the people there
were connected with the schools. They decided not to
vote on closing Kenai Elementary till the next meeting.
They are building a large school in Hope when they have
one already. There was no discussion regarding Holt
Rd. school or K-Beach school, just Kenai Elementary.
The schools are a major addition to the social and
economic community. They do not have room where they
are (for offices). They wanted to add to the Borough
building to take additional school people. Kenai
Elementary is in the center of the City shopping area,
Swires and Sears are not. Councilman Wise suggested
the resolution state if Kenai Elementary is closed, it
be incumbent on the Borough to dispose of the property
to the best use of the Borough as a whole, by sale or
lease. It would have to be heated and maintained if it
is closed. Councilwoman Monfor said the resolution
should say the school must remain open. If it cannot,
because of dwindling enrollment, it should be used for
something else. Councilwoman Bailie said if we
encourage them to keep both schools open, it will
increase costs. If they close Kenai Elementary, we
need to vehemently encourage them to use it for some
other purpose. She suggested a work session with
Council and School Board. Councilwoman Monfor replied
she wanted to leave Kenai Elementary open and not open
Swires. Councilman Ackerly noted he was surprised the
Kenai Chamber of Commerce has not been vocal. Mr.
Brighton replied it will probably be discussed at the
next Chamber Board meeting. Councilwoman Bailie said
we should offer alternate solutions. It could be used
for a community center, that could be vacated at short
notice if it is needed. Councilman Ackerly said the
resolution should be worded in a positive manner and
state it is our economic future. Councilwoman Monfor
said we cannot remodel Kenai Elementary because of the
asbestos. Mayor Williams asked Architect Gintoli if
there is an asbestos problem at Kenai Elementary. Mr.
Gintoli replied he did not know. Mayor Williams said
he had thought of congregate housing or elderly
housing. 36 units would be $4.6 Million to build new,
$2.6 Million to rebuild 36 units. He suggested asking
that it be sold to the City for $1 for other uses.
Councilwoman Monfor noted if we say nothing, they will
feel we do not care. Mayor Williams noted there are
over 500 people waiting for senior citizen housing. A
lot could be brought to Kenai from Anchorage and that
would open the Anchorage home. We could fill 36
spaces. We have the Lutheran Home Health study
regarding home health care. Councilwoman Bailie
suggested we should make a positive statement regarding
taking over the building. She noted we are being
accused of coming out at the last minute objecting to
school costs when we were the only municipality that
said anything. Councilwoman Monfor noted we have to
have the resolution by March 2. She will work with
Administration to prepare it. Council agreed that
Administration will prepare a strongly worded letter
regarding closure of the schools. Mayor Williams noted
$88,000 sales tax would exceed the property tax if
Kenai Elementary was used for congregate housing.
Councilwoman Bailie asked that someone from the City be
at the March 2 meeting to read the statement and give
additional testimony. She also asked if Kenai and
Nikiski Chambers could be there. Council agreed the
KENAI CITY COUNCIL
FEBRUARY 18, 1987
3 Page 9
resolution regarding 80% funding was not necessary,
that the Borough resolution was sufficient.
I. ADMINISTRATION REPORTS
,I-1 City Manager
City Manager Brighton spoke.
a. There will be a local constituents' meeting 2-21
and a Borough Caucus meeting 2-21.
b. City Manager Brighton said Borough Assemblyman
Johnson has said there will be Borough Finance
Committee meeting March 17 at the Borough at 4:00
PM. He has invited Council to attend. They will
discuss taxes: increased sales taxes, uncollected
sales taxes. Mayor Williams noted the new tax
ordinance will affect laundromats,.candy machines,
license fees for garage sales and rewards for
turning in violators.
I-2 Attorney
Atty. Rogers spoke.
a. He referred to item I-2, City vs Ferguson and
urged Council to review the item. The Court said
the City was entitled to increased rent, not at
the highest and best use, but at actual use. That
is better than no increase, as requested. We
still have to resolve attorney fees and who is
prevailing party. This is the first of three
court decisions to come down. They were all
argued at Supreme Court this Fall. There were
issues addressed that have never been addressed
before. Councilman Ackerly noted the FAA has
required we receive the highest amount. Atty.
Rogers replied this will be forwarded to them. He
added, we will have to be careful what we put in
the leases. There is nothing we can do about the
old leases.
I-3 Mayor
Mayor Williams spoke.
a. He noted the brochures from Kenai Peninsula
Community College, distributed this date.
b. The TAPS environmental impact statement will be
filed in April. It is available at City Hall.
They are moving in a timely manner.
. c . He noted the letter from Rep. Swackhammer
distributed this date regarding accidents on the
Spur Hwy. The figures are appalling for a 12 mile
road, and reiterate the City's emphasis on
up -grading.
d. At the Chamber of Commerce board meeting on
2-20-87 the State will present a proposal for the
Kenai River wildlife viewing station. The
proposal will be to trade some of our wetlands.
e . He suggested going out for RFP's for a profile of
the City, showing the City's assets and government
buildings. Councilwoman Bailie suggested using
the video that was prepared for the Olympics
proposal. Council agreed to go out for RFP's.
f. There have been proposals made to put a gift shop
in the airport terminal. He suggested preparing
RFP's. Councilwoman Bailie explained Council had
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 10
decided they would wait till the terminal was
remodeled before they chose a location for the
gift shop. Atty. Rogers added, we are waiting on
FAA, it should be about one more year. Mayor
Williams suggested the Airport Commission review.
g. The VFW will be having their State convention in
Soldotna in June (item I-3) and have asked the
City to place an ad in the convention booklet.
MOTION:
Councilman Ackerly moved, seconded by Councilwoman
Monfor, for the City to advertise in the convention
booklet, and take out a full page ad.
Motion passed by unanimous consent.
h. Councilman Ackerly suggested a proclamation be
prepared for Jennifer Lynn, Alaska's Jr. Miss,
from Kenai. She is on the Recreation Commission.
Council agreed to the suggestion.
i. The Airport Commission will attend the Chamber
luncheon March 18, and be sworn in at the March 18
Council meeting. Councilwoman Bailie volunteered
to be the Ad Hoc representative.
I-4 City Clerk
Clerk Whelan spoke.
a. A petition was received from residents of Inlet
View for street lights, distributed this date.
City Manager Brighton suggested this be put on
hold till we hear from the State on funding. He
noted we have put a hold on the HEA lights, but
want $6,000 for engineering. He will bring the
bill to the March 4 meeting.
MOTION:
Councilman Wise moved, seconded by Councilwoman Bailie,
to pay only the engineering costs (HEA lights).
Motion passed by unanimous consent.
Councilwoman Bailie suggested including the petition
with those already on line. Council agreed to the
suggestion. City Manager Brighton said he would write
a letter to the petitioners.
b. Clerk Whelan explained the Jr. Miss candidates
visit City Hall every year. She distributed a
letter from the Jr. Miss candidates thanking the
City for the tour.
I-5 Finance Director
None
I-6 Public Works Director
a. Council expressed appreciation for the report from
Public Works Director Kornelis (item I-6). b.
Councilwoman Bailie noted page 4: Juliussen, Ames,
etc. Could Engineer LaShot do the review of the
drawings? Mr. Kornelis replied, he could, but it
could be done as a package with the inspection.
C. Mayor Williams asked about page 5, water line to
the Eagles. He thought that was under control.
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 11
Mr. Kornelis explained, construction will not
start till Spring. He sent a follow-up letter.
I-7 Airport Manager
a. Councilwoman Bailie said she had read that an FAA
representative was discussing abolition of FSS in
the State. They will re -assess the situation in
1991. Where does this leave us with the FAA
building? Airport Manager Ernst replied he had
not heard about it. Councilwoman Bailie said they
were going to consolidate from 26 to 3. City
Manager Brighton said originally they had 61
flight service stations. He was told FAA will not
be able to take active consolidation because there
is a back log on equipment. He will follow up on
this.
b. Mayor Williams noted Friendship Air will be
starting service 2-23-87 with a ribbon -cutting.
C. Mayor Williams said the Airport Commission will be
reviewing the possibility of the City acquiring a
small Air Guard for rescue, two C-130's and two
helicopters, about 30 men.
J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Carmen Gintoli, Kenai. Regarding the possibility
of closing Kenai Elementary. There was a meeting
from Sears, K-Beach and Kenai Elementary people.
The decision was made to send a letter to the
School Board stating they would rather have three
schools instead of four and leave it up to the
School Board. If the City sends a letter, they
should know this. He added, it would be a
$200,OOO cost savings if Kenai Elementary is
closed.
b. Councilman Wise suggested Administration prepare
an ordinance for P&Z regarding flood plain areas
not eligible for State and Federal financing. We
should be in the Kenai Borough flood plain.
Council agreed to the suggestion.
C. Councilman Wise asked Police Chief Ross about the
annual report distributed this date from the
Police Dept. regarding resolution of arrests.
Police Chief Ross explained, arrests are
unreliable statistics. It is stated in the report
that disclaimer is made. A resolution is whenever
we determine who is the culpable party. The
courts may determine different dispositions. With
DWI arrests we have a high disposition -as -charged
rate. He added, it is more important regarding
the increase in juvenile problems, etc.
Resolutions do not mean much.
d. Councilwoman Monfor asked if the Council chairs
could be fixed.
e. Councilwoman Monfor commended the City personnel
who painted the City Hall.
f. Councilwoman Bailie suggested everyone look at the
new carpet at the Senior Center.
g. Councilwoman Bailie asked if the Classification
Study could be reviewed prior to budget sessions.
Council had agreed to look at it at budget time.
City Manager Brighton said the committee agreed
three things should be adopted. Councilwoman
Bailie noted if a new person was hired, we would
have no way to classify them. Although we did not
agree with all of the plan, elements were there.
Rather than throw the whole plan out, we could use
most of the plan for writing ours.
KENAI CITY COUNCIL
FEBRUARY 18, 1987
Page 12
h. Councilwoman Bailie asked about the work session
for the Comprehensive Plan. City Manager Brighton
said he would have to re -schedule it.
i. Councilwoman Bailie suggested we honor the City
volunteers, perhaps by putting their names in the
paper. Mayor Williams said he planned a
"Break -Up" party for recognition.
j. Councilwoman Bailie asked if we were pursuing the
"All America City" award. City Manager Brighton
said he has asked the Chamber of Commerce for
help.
k. Councilman Ackerly said, regarding the land trade
on the flats. He hoped we do not lose sight of
the Old Town property, that is valuable.
1. Councilman Ackerly said we should pursue keeping
the Recording Office i1i Kenai.
M. Councilman Ackerly noted the reply from Sen.
Murkowski regarding tale Alaska Seafoods name being
used by an Arizona firm.
n. Mayor Williams noted the Bicentennial Constitution
Committee has been accepted as a National group,
one of three in the State participating.
l.(contd) City Manager Brighton noted, regarding the
Recording Office. He has written the Legislators
to have the City take over the Recording District
from the State. The cost to the State is $60,000.
ADJOURNMENT:
Meeting adjourned at 10:35 PM.
Janet Whelan
City Clerk
F----- /
Central Peninsula Mental Health Center
1 1355 KENAI SPUR ROAD, SUITE 228 • KENAI, ALASKA 99611 • (907) 283.7501
February 3, 1987
Mayor Tom Wagner
City of Kenai
P.O. Box 580
Kenai, AK 9Q611
Dear Mr. Wagner:
The Central Peninsula Mental Health Center provides a wide
variety of mental health services to people in Kenai, Soldotna and
the surrounding area. Most of our services are offered on a
sliding -fee basis and some at no cost to the individual or com-
munity. A major source of our funding comes from grants which we
receive from the State Division of Mental Health and Developmental
Disabilities. Services provided under the mental health grant in-
clude psychological evaluation, crisis intervention and emergency
services, psychotherapy for children, adolescents, adults and
families, consultation to other agencies and education to the com-
munity.
We are requesting a letter of su2port�from you or the agency
you represent for this year's funding request. Please include the
following in your response:
1. Name of organization and role or person writing the
letter.
2. Type of contact you as an organization or individual
have had with our Center.
3, Your evaluation of our Center's performance in relation
to you or your organization and the community.
4. The need for continuing our services.
5. Any other information or suggestions that would be help-
ful in evaluating our Center, improving services, or
planning next year's programs.
Your letter represents an ongoing needs assessment of the
Center's mental health programs. Further, your letter is a very
critical aspect of our evaluation of the impact of our services.
It would be appreciated if you could provide us with your written
comments by February 25, 1987.
Feb. 3, 1986
Page Two
We offer our sincere appreciation for the time and attention
you afford this request. Your letter does make a positive differ-
ence in our application process.
Sincerely,
t.athyy Dinius, Ph.D.
Psychologist
Executive Director
FRANK H. M U RKOWSKI
ALASKA
F 400 ;2
CHAIRMAN, COMMITTEE ON
VETERANS' AFFAIRS
COMMITTEE ON ENERGY AND
NATURAL RESOURCES
_ COMMITTEE ON FOREIGN
RELATIONS
SELECT COMMITTEE
ON INDIAN AFFAIRS
SELECT COMMITTEE
ON INTELLIGENCE
dIL31*
n1ted �tattp� senate
WASHINGTON, DC 205 10
The Honorable John Williams
Mayor
City of Kenai
21'0 Fidalgo
Kenai, Alaska 99611
Dear John:
February 4, 1987
FAIRBANKS OFFICE:
101 12TH AVENUE, BOX 7
1907) 45"233
JUNEAU OFFICE:
FEDERAL BUILDING, BOX 1647
(907) 586-7400
41
-
Cf
Thank you for sending me a copy of the City of Kenai's
resolution about the Arctic National Wildlife Refuge,
As I'm sure you are aware, I support opening the coastal
plain of ANWR to oil and gas exploration and development. I
believe that the interests of the State of Alaska and of the
United States as a whole will be best served by knowing what
reserves we in fact have. The only way to know for sure what is
there is to proceed with exploratory drilling.
This will prove to be a challenging and heavily debated
issue in the 100th Congress. I plan to take the lead in
convincing my colleagues of the merits of this issue. I would
appreciate your continued feedback and support as this issue
unfolds,
With best wishes,
Sincerely,
01
Frank H. 4urkowski
United States Senator
STEVE COW P E R
GOVERNOR
F WNW-0 3
g. 1
S TAT E O F ALAS gA
OFFICE OF THE GOVERNOR
cJU NEAU
February 4, 1987
The Honorable John J. Williams
Mayor
City of Kenai
210 Fidalgo
Kenai, AK 99611
Dear Mayor Williams:
Thank you for your letter recommending Charles T. Crabaugh for
appointment to the Board of Fisheries.
Governor Steve Cowper will be informed of your endorsement
when he reviews the resumes of the candidates. Be assured
that the Governor will give full consideration to your
comments,
Again, thank you for personally informing this office of your
recommendation.
Sincerely,
Sheila K. Gottehrer
Director
Boards and Commissions
F-y
Hea-lth 90
February 2, 1987
Mayor
City of Kenai
P.O. Box 580
Kenai, AK 99661
Dear Mayor:
Recently we had a mass mailing to over 4000 individuals, groups, and
organizations announcing the upcoming Health 90 Conference. The
response has been very positive so far and we have great hopes for the
plan we will produce.
As an influential member of your community it is imperative that your
ideas are reflected in the planning documents created during the
Conference. Will you take a few minutes to review the attached
information and let us know if we can count on your involvement?
If you have additional questions, please feel free to contact Adrian,
Arlene or me at 278-3631,
Sincerely,
S. Maureen Aakre
Executive Director
Enclosures
F-1 South Central Health Planning &e-' Development, Inc.
11..)D West Eighth Avenue, Suite 1, Anchorage, Alaska 99501, (907) 278-36"'-'*')l
P L E A S E
P O S T
He
P L E A S E
P O S T
On April 23-24, 250 Alaskans will meet in Anchorage to share local information, develop
policy, plan activities, .and establish priorities for health promotion in our state. More
than just. a .conference, Health 90 is a way for all Alaskan residents to insure our sta
commitment to a healthy future. We need your input!
Using the 1990 Health Objectives for the Nation as a springboard for ideas, conference
attendees will select one of these five system tracks to participate in:
• Health Promotion through the Community
• Health Promotion through the Medical System
* Health Promotion through the Schoolsite
• Health Promotion throqh the Media
• Health Promotion at the Worksite
The conference will be held at the -Anchorage Hilton, April 23 an 24. Rooms will -be
available forco n-ference participants at a special rate. Some monies for travel subsidies
'are available. Conference fee will be announced in January.
This conference is funded in part by the State of Alaska Legislature.
For more information, call:
South Central Health Planning Development, Inc.
1135 West Ei�,hth Avenue, Suite 1, Anchorage, Alaska 99501
# 1 (907) 278-3631
F— 5"o
fj%
2701 Denali Street, Suite 1
Anchorage, Alaska 99503
Mary Wolcoff, Executive Director
February 3, 1987
Dear Mr. Wagoner:
The Association For Stranded
Rural Alaskans In Anchorage
�
rf `\..
E •l r ��
C11
(907) 277-7043
Serving Rural Alaskans
Bert Campbell President
The Association for Stranded Rural Alaskans in Anchorage (ASRAA) has been in
existance since 1981 helping rural Alaskans with a variety of needs. Many of
your area's residents have been sent to Anchorage for medical care. When they
arrived in Anchorage, they found a problem with paperwork, a misunderstanding
with medical regulations or lack of housing. Sometimes, the person expected
they would be admitted to the hospital, only to find they were treated as an
outpatient. This may have meant they did not have a place to sleep or eat.
Though they may have had some money, it quickly goes in light of hotels costing
$40-50 -a night and expensive food costs.
ASRAA staff has worked closely with all the hospitals and treatment facilities
to ensure no rural Alaskan is without a place to stay through no fault of their
own. Staff at the hospitals notify us when a patient's family is in this
circumstance. This happens usually after the major crisis is over ands the
medivacced patient has stabilized. By then the family is exhausted and to see
yet another agency is a real intrusion. We can arrange for them to get a good
rest first before coming to the office if this is the case or we will go to
the, -hospital or wherever they are staying. ASRAA staff not only looks at the
immediate need but we check to see if there are other needs to be met. In some
instances, we have provided clothing for people who had little time to pack,
medication was arranged for a family member who forgot to pack their own medicine
in light of the emergency, food for family members while they stayed near the
hospital in life and death situations and in one instance, arranged for a
babysitter for an anxious mother while awaiting the outcome of her husbands
cancer. surgury. Our volunteers will visit patients in the hospital who are
so far from home with no friends. This is especially helpful for those parents
of a critically ill child or a patient who has been severely burned and faces
months in a hospital,
ASRAA staff works comprehensively with people who have been victimized. We
will assist the client in collecting his/her thoughts before reporting to the
Police so they will be able to be clear about the event, thus make a better
case to be prosecuted. We have a Thl ingi t with a Law Degree on staff just for
that purpose. We will support the client in whatever way we can to make the
whole process easier and so they fully understand each step in the legal system.
Our education. for basic personal safety has helped many who will not become
IlnitPri Wav AnPnc.v
Page Two
Letter
February 3, 1987
victims because of the information we have distributed to the villages and through
the student orientations. The people who have attended are now "street wise"
and know how to protect themselves. We will continue our fight against high
victimization rates against rural Alaskans. The city is a great place to visit
but one must be more aware of the dangers. We have had village elders, city
council members, corporation board members, community representatives and many
others who, because they trusted so easily, were robbed, beaten or raped.
Everyone believes it can't happen to them, until it does! Criminal minds are
in the business of tricking people. Because ASRAA is involved in crime prevention,
we hear about the latest "scams" being done by these criminals. Unfortunately,
it is AFTER the crime has happened. Our staff alerts rural Alaskans to these
things, so that others won't fall victim to this trickery. One that has been
used recently, a young man wild_* walk up to someone with a village coat or t-shirt
on. He will say, "I know someone from that village". He will describe a
young man about "so tall", with brown hair and brown eyes. "I think his name
is Charlie or something like that." He will say he worked at the village store
or with the village council. He will wait until 'the person suggests a name
and then the criminal will admit, "Yes, that's the guy. We are really good
friends" but in fact, he has never met the villager. The criminal will get
friendly very quickly, inviting the person to go to a movie or out to eat.
The criminal will then act like a "dear" friend, until he finds the right moment
to rob the person. He is so shifty that often times, the villager does not
even realize he has been robbed until hours later. ASRAA was instrumental in
gettting two of these type of robbers off the streets. One even said he only
picks on Alaska Native victims because "they never report crimes. Well, they
do now! ASRAA staff w i 11 continue this valuable information sharing. we will
be submitting; articles to Tundra Times to keep villagers informed of the latests
tricks.
I urge you to have your village council write a letter of su ort or pass a
resolution of support in behalf of this agency . Our total budget reques is
approximately $170 , 000 . This is for five staff who work many hours because
of their dedication to serving rural Alaskans. Our main desire is to empower
the Alaska Native person to be able to be self sufficent and independent.
For rural Alaskans having problems with the "systems", we teach them how to
be their own advocate, so they can fight, their own battles. We teach them
about being assertive in their language without offending others of another
culture. We inform rural Alaskans of educational opportunities, often
assisting them with the paperwork to apply for the various programs. Through
our efforts we were able to get the State of Alaska to be more responsive to
the needs of rural Alaskans identification issues, thus resulting in a new
State of Alaska ID card which is now accepted in all banks and stores.
I will be in Juneau February 1 1-14 to inform legislators of the need for our
one of a kind service. If you call or send a public service announcement to
Your legislator, it will help because they will see the support we do have.
It will still be necessary to have a letter because it helps other legislators
to see how broad our support is. I humbly thank you for whatever you feel
is appropriate.
Sincerely.
CITY OF KENAI
"Od Caorodzai 4 41.ad,4all
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
February 24, 1987
MEMORANDUM
TO: Kenai City Council
FROM: Wm. J. Brighton, City M ager
RE: Bill & Jill Burnett - Easement
As per Council's instructions, Y proposed verbally to the
Burnetts the possibility of a land swap on the basis of
value for value in an effort to resolve the golf course
controversy.
Please find attached the counter -proposal offered by the
Burnetts which is based on an acre for acre exchange.
Needless to say, the counter -proposal is totally
unresponsive to the substance of the-Council's original
proposal.
Also, please find attached copies of memorandums from the
City Attorney and the Public Works Director relating to the
easement and golf course question.
WJB/dg
QD a
k�� -.ITY of
C�.
i, 0l 8 IL
City of Kenai
210 Fidalgo
Kenai, Alaska 99611
Box 1022
Kenai , Alaska 99611
February 20, 1987
RE: Proposed land exchange between City of Kenai and W. M.
and Jill W. Burnett
ATTN : Mayor John Williams
Gentlemen:
Knowing the difficulty of the position of the City of Kenai in
resolving the Golf Course/Candlelight Ex -tended situation, and
realizing City budget pressures as well, we have given a great deal
of consideration to the above proposal. There are certain problems
which would need to be overcome, but with the proper concessions
on the part of both ourselves and the City we feel it is possible to
do so.
As you know, our land parcel consists of 80 acres. Of that 80
acres, 42.40 acres are marketable according to surveys and plats
done by McLane and Associates, and the balance is wetlands. While
some of the offered City lots have improvements, all of the Burnett
land has view, privacy, and exclusivity. We would be willing to
exchange land on a marketable acreage basis, to be released to us as
we sell the individual parcels. According to the plat which you have
provided for our consideration, the City lots offered consist of
12.75 acres. This leaves the City 29.75 acres short of land available
from this plat for exchange. Rather than require such a large sum
of additional acreage to be made up from various other City holdings,
we would be willing to accept Lot 2, Block 1, CIIAP, plus a sum of
$170,000 cash in exchange for the remaining 29.75 acres.
We are sure you can appreciate the benefits to the City of such
an arrangement. For the City it is for the most part simply a paper
exchange, involving a cash outlay of only a fraction of the estimated
City of Kenai
February 20, 1987
Page 2
new roa cons ruction as presented by Public Works. The city would
benefit by an immediate resolution of the difficulty, would obtain
additional parklands which would contribute to its permanent
recreation facilities in both substantial acreage and beauty, and
the gol f course coul d be bui 1 t on schedul a as pl anned wi th further
legal entanglements being avoided by all. The City would in all
fairness, of course, be responsible for any costs of the exchange
and implementation.
V ry tru yours,
W. M. Burnett
J 11 W. Burnett
C
CITY OF KENAI
.__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: William J. Brighton, City Manager
FROM: Keith Kornelis, Public Works Director
DATE: January 20, 1987
SUBJECT: GOLF COURSE LEASE/BURNETTS' PROPERTY ACCESS
FOR: COUNCIL MEETING OF JANUARY 21, 1987
Public Works would like to make some comments concerning the
above subject which I understa
nd will be discussed again at this
upcoming Council meeting. This subject concerns access to
the
Burnetts' property either through or around the golf course
lease
and future lease option.
As near as I can remember, the first time this sub•ec
brought to Public Works atten J t was
tion was in discussion Public Works
had with the Burnetts as far as the City of Kenai building
a road
and water and sewer down Candle
light extended to their property.
I explained to Mrs. Burnett that: 1) the City of Kenai is not in
the business of building roads, water, and sewer f
developers; 2) there is no r private
Public right-of-way or access on
Candlelight beyond.Lawton Drive. At that point Mrs.
Burnett
pursued a series of events to convince the City Council to
glue
her access to her
property via Candlelight Drive Extended.
Ordinance 870-83 was passed by the Council of the City of Kenai
on August 17, 19830
At that time and all along, Public Works
adamantly opposed granting any type of easement through this
property and explained that t g �s City
he Ordinance was incorrect in that
the City does not maintain Candlelight Drive Extension.
The reason Mrs. Burnett would like to use Candlelight '
Extended for access to he lght Drive
r property is because: 1) it is the
shortest distance from the existing road to their
therefore the least expensive to property
construct; 2) their existing -
access to their property crosses some areas of wetlands t
would require a Corps ermit, that
p One should remember in order to
Page 1 of 3
subdivide any property, the Borough and City require access to
each subdivided parcel. In the Burnetts' case, the section line,
which extends down Swirep Road, is legal access to their
property.
Mrs. Burnett should have perfected the easement that the City
Council agreed they would give with ordinance No. 870-83. Public
Works Department often obtains and perfects easements for
construction projects. In some cases we may have 8 or 9
easements on a project. In most cases we can convince the
property owners that it ip benefitting their property and do not
have to pay for these easements. However, in one case we had to
purchase a lot and in many other cases we have actually had to
pay for the easement. Unless there is a clear and understandable
benefit to the person giving up property for an easement or
right-of-way, compensation to the property owner is justifiable.
Because I could not see Candlelight Drive Extended actually
benefitting the individual citizens of the City of Kenai and
because it broke up a large parcel of existing City land thus
possibly restricting a future large development (like a golf
course), I was opposed to granting an easement or right-of-way.
How do you perfect an easement and have it recorded? The first
.step in perfecting an easement is -to have a survey done and
establish the meets and bounds which will define the location of
the easement. To define an easement or right-of-way one needs a
"closed loop" survey or one that accurately defines the property
boundaries. Merely to say that Candlelight Drive Extended ip
insufficient to properly define a new right-of-way or easement.
In order to perfect an easement for Candlelight Drive Extended,
Mrs. Burnett should have drawn up a proper grant -of --easement, had
the City Manager sign as property owner for the City, had it
notarized, and then have it recorded. Again, Public Works
Department does this quite frequently on our construction
projects.
Attachment A is a copy of the area being discussed. The map
shows the golf course lease that is in existence at the present
time with Richard Morgan and his golf course lease option that I
understand he is asking to obtain.
As shown on Attachment A, I have looked at two new road
alternates that would provide access to the Burnetts' property.
NEW ROAD ALTERNATE #1:. This alternate consists of extending
Lawton Drive east to Swires Road and south down Swires to the
Burnetts' property. This distance is approximately 3,000 feet
and a rough estimated cost would be $�00,000. If Mr. Morgan
would relinquish some of his lease property so that the road
could be built along the bluff line, this estimate could be
Page 2 of �
lowered to $250,000 or $275,000. If this was allowable it would
also bring the terminus of the road closer to "dry ground" or
usable property.
NEW ROAD ALTERNATE #2 This alternate would extend Tinker Lane
south to the southern lot line of Government Lot 4
# and east to
the Burnett property. This road is a little over 2,000 feet long
but 3/4 of it would be built in wetlands.
A rough estimated cost
for this alternate would be $250,000.
CANDLELIGHT DRIVE EXTENDED: This option would extend Candlelight
i
...a•w.a.•... _•..++—sr.. •.sewa..rem.a........w.:..ce.:,:.:rara,.ra..aru•r,•..rw .,v.rw.a.ea,.�a
Drive south past Lawton to the Burnetts' property. The option p lon
has been discussed in the past and the cost estimate for 1,350
feet of road is approximately $100,000. Crossing the wetlands
is
not anticipated with this option therefore there would be lower
unit costs for construction. It seems as if this option is
P not
available since Dick Morgan is requesting to take his golf course
rse
lease option and does not want the road through the center of
his
golf course.
PUBLIC WORKS RECOMMENDATION: The first recommendation that I
would have would be to tell Mrs. Burnett that access to her
property is down Lawton to Swires and south on Swires to her
property. This has always been her legal access to her property
and this road can be built. Granted e y a Corps of Engineers permit
would be needed but I feel it can be easily obtained. The City
of Kenai has received three or four Corps permits e
p mats and we would be
happy to show Mrs. Burnett the procedures needed in obtain
ing
this permit. As a private developer it should be
her
responsibility to construct her own access, why should the
citizens of the City help pay for it?
My second recommendation would be for the City of Kenai to buil
d
the Lawton Drive portion of the New Road Alternate 1. This woul
d
extend Lawton Drive down to Swires Road. Since the Cityowns
Lots 1-16 we would also benefit
from this construction and may
want to even consider including water and sewer. I feel Swires
Road south of Lawton should definitely be constructed b
Burnetts. .The length of y the
g Swires Road Extended beyond Lawton would
be approximately the same distance as Candlelight Drive Extended.
tended.
If Mr. Morgan would allow the road to transverses alongthe bluff
luf f
line, the cost for the Burnetts to build the road would also be
approximately the same as Candlelight Drive Extended.
I would recommend against New Road Alternate #2 which woul
d
extend Tinker Lane to the Burnetts' property. This road would be
very little value to the adjacent property owners since a
good
portion of it
goes through wetlands.
KK/sw
Attachments
Page 3 of 3
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CITY OF KENAI
0
eapiw 4 44"za
210 FIDALGO KENAi, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Councilmembers
City of Kenai
FR im Rogers, City Attorney
City of Kenai
DATE: January 20, 1987
RE: Purported Existence or Advocated Extension
of Candlelight Drive
It is the City Attorney's position that no validly perfected
public use easement presently exists as a result of Ordinance No.
870-83. Nonetheless, it appears that the Council desires to
provide the Burnett's access to their property either by
extending Candlelight Drive or by other means.
Subsequent to the last City Council Meeting, Dick Morgan
indicated his intent to expand the present golf course to include
lands presently encompassing the area known as Candlelight
Extension. It should be noted, however, that these lands are not
presently leased but are subject to a right of first refusal
pursuant to Article 17 of the "Kenai Municipal Golf Course and
Recreation Area Lease and Concession Agreement." This Agreement
provides:
ARTICLE XVII
Lease Option
The CITY grants to LESSEE a right of first refusal to
lease, upon the same terms and conditions as set forth
herein, the property described in Exhibit 8 at a rental
per square foot equal to the per square foot rental
then being paid for the property described in Exhibit A
to be used by the LESSEE only in a manner consistent
with the purposes of this agreement.
r
W -1 C C
The aforementioned lease provides that Lessee Morgan shall have
the right of first refusal on the same terms and conditions as
the existing lease, assuming the City does in fact lease that
property.
Furthermore, the existing lease contains a clause in the second
paragraph of Page 1 which states that:
"...the CITY hereby leases to the LESSEE, and LESSEE
takes and leases in an 'as is' condition from the
CITY..."
Thus, if prior to the lease, there was a valid perfected public -
use easement established, it is arguable that the Lessee would
take subject to that public use easement. On the other hand, a
lessee would conceivably argue that the right of first refusal
somehow entitled them to acquire the lands as they existed on the
date of the original lease and that at that time there was no
validly perfected public use easement. Of course, had there been
a public use easement perfected, Article XV would cover the
problem since it provides: .�
ARTICLE XV
Easements
This lease is subject to all easements across the
Premises that are of record.
Should the City lease these additional lands to the Less
pursuant to Article XVII which is Lessee
entitled "Lease Option, there
is not only the protections for the City as cited above, but also
the indemnification clause of Article XI which provides that:
ARTICLE XI
Indemnification
LESSEE shall protect, indemnify and save harmless the
CITY from and against any and all claims, demands and
causes of action of any nature whatsoever for injury to
or death of persons, or loss or damage to property,
occurring on the Premises or in any manner growingout
of or connected with the LESSE E s use and occupation of
the Premises or the condition of the Premises during
the terms of this Lease.
To insure indemnification of the CITY, LESSEE shall
procure and keep in force contractual liability
coverage with limits as to bodily injury liability of
$1,000,000.00 for each occurrence and $1,000,000.00 in
2
a,
dom
aggregate, and as to property damage liability with
limits of $100,000.00 for each occurrence and
$100,00.00 in aggregate. A certificate of insurance
shall be delivered to the CITY before occupancyof the
Premises by LESSEE.
Of course, the Lessee may choose not to exer
cise its right of
first refusal as provided for in Article XVII •
wan l if the Council
decides that they t, to recognize some inchoate right of the
Burnett's (or the public) to a public use p easement over
Candlelight Extended. Furthermore, if the Cou
ncil acts to
validate or perfect the easement across this
affe property, the action
will not technically ct Mr. Morgan because he is not yet a
lessee of the property. If the City offers to lea
se the property
to Mr . Morgan under his right of first refusal he
take the leased would then
.property subject to the perfected easement as
provided by Article-XV of the lease.
TR/cif _
3
CITY OF KENAI
CaotaoW 4 41oadZall
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
February 24, 1987
MEMORANDUM
TO: Kenai City Council
FROM: Wm. J. Brighton, City M ager
RE: Bill & Jill Burnett - Easement
As per Council's instructions, I proposed verbally to the
Burnetts the possibility of a land swap on the basis of
value for value in an effort to resolve the golf course
controversy.
Please find attached the counter -proposal offered by the
Burnetts which is based on an acre for acre exchange.
Needless to say, the counter -proposal is totally
unresponsive to the substance of the-Council's original
proposal.
Also, please find attached copies of memorandums from the
City Attorney and the Public Works Director relating to the
easement and golf course question.
WJB/dg
r ^ .3 24'
Cl-
L0 a
1� CI t � r.•�. r `.
I6�i
City of Kenai
210 Fi da 1 go
Kenai, Alaska 99611
Box 1022
Kenai , Alaska 99611
February 20, 1987
RE: Proposed land exchange between City of Kenai and W. M.
and Jill W. Burnett
ATTN : Mayor John Williams
Gentlemen:
Knowing the difficulty of the position of the City of Kenai in
resolving the Golf Course/Candlelight Extended situation, and
realizing City budget pressures as well, we have given a great deal
of consideration to the above proposal There are certain problems
which would need to be overcome, but with the proper concessions
on the part of both ourselves and the City we feel it is possible to
do so,
As you know, our land parcel consists of 80 acres. Of that 80
acres, 42.40 acres are marketable according to surveys and plats
done by McLane and Associates, and the balance'is wetlands. While
some of the offered City lots have improvements, all of the Burnett
land has view, privacy, and exclusivity. We would be willing to
exchange land on a marketable acreage basis, to be released to us as
we sell the individual parcels. According to the plat which you have
provided for our consideration, the City lots offered consist of
12.75 acres. This leaves the City 29.75 acres short of land available
from this plat for exchange. Rather than require such a large sum
of additional acreage to be made up from various other City holdings,
we woul d be wi 11 i ng to accept Lot 2, B1 ock 1 , CI IAP, pl us a sum of
$170,000 cash in exchange for the remaining 29.75 acres.
We are sure you can appreciate the benefits to the City of such
an arrangement. For the City it is for the most part simply a paper
exchange, involving a cash outlay of only a fraction of the estimated
G
y new road construction as presented by Public Works. The City would
benefit by an immediate resolution of the difficulty, would obtain
additional parklands which would contribute to its permanent
recreation facilities in both substantial acreage and beauty, and
the golf course could be built on schedule as planned with further
legal entanglements being avoided by all. The City would in all
fairness, of course, be responsible for any costs of the exchange
and implementation,
City of Kenai
February 20, 1987
Page 2
V ry tru yours,
W. M. Burnett
J 11 W. Burnett
C
.CITY OF KENAI
ea.1a4:W 4 4ila0d46a / f
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: William J. Brighton, City Manager
FROM: Keith Kornelis, Public Works Director
DATE: January 20, 1987
SUBJECT: GOLF COURSE LEASE/BURNETTS' PROPERTY ACCESS
FOR: COUNCIL MEETING OF JANUARY 21, 1987
Public Works would like to make some comments concerning
t ruing the
above subject which I understand will be discussed a '
gain at this
upcoming Council meeting. This subject concerns acces
s to the
Burnetts' property either through, or around the co golf
and future lease option,
g course lease
As near as I. can. remember, the first time this s
brought to Public Works subject was
attention was.in discussion Public Works
had with the Burnetts as far as the Cityof Kenai 'building
ildZng a road
and water and sewer down Candlelight extended to their
property.
I explained to Mrs. Burnett that
: 1) the City of Kenai is not in
the business of building roads, water, and sewer
for private
developers; 2) there
is no public right-of-way or access on
Candlelight beyond Lawton Drive. At that oint
p Mrs. Burnett
pursued a series of events to convince the Cit Council
her .access to her property y t o glue
p p ty via Candlelight Drive Extended.
Ordinance 870-83 was passed by the Council of the '
on August 17, 19830 City of Kenai
At that time and all along, Public Works
adamantly Opposed granting any type of easement through' this City
property and explained that the Ordinance was incorrect in
the City does not maintain Candlelightthat
Drive Extension.
The reason Mrs. Burnett would like to use C •
Extended for access to he Candlelight Drive
r property is because: 1) it is the
shortest distance from the existing road to '
their property
therefore the least expensive to construct; 2 •
) their existing -
access to their �
property crosses some areas of wetlands that
would require a Corps permit. One should remember in order to
Page I of 3
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CITY OF KENAI
%Od 6a,
lad,4d - 4 4," 1 -* -
.__ 210 PIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Councilmembers
City of Kenai
FROb
im Rogers, City Attorney
City of Kenai
DATE: January 20, 1987
RE: Purported Existence or Advocated Extension
of Candlelight Drive
It is the City Attorney's position that no validly perfected
public use easement presently exists as a result of Ordinance No,
870-83. Nonetheless, it appears that the Council desires to
provide the Burnett's access to their property either by
extending Candlelight Drive or by other means.
Subsequent to the last City Council Meeting, Dick Morgan
indicated his intent to' expand the present golf course to include
lands presently encompassing the area known as Candlelight
Extension.. It should be, noted, however, that these lands are not
presently leased but are subject to a right of first refusal
pursuant to Article 17 'of the "Kenai Municipal Golf Course and
Recreation Area Lease and Concession Agreement." This Agreement
provides:
ARTICLE XVII
Lease Option
The CITY grants to LESSEE a right of first refusal to
lease, upon the same terms and conditions as set forth
herein, the property described in Exhibit 8 at a rental
per square foot equal to the per square foot rental
then being paid for the property described in Exhibit A
to be used by the LESSEE only in a manner consistent
with the purposes of this agreement.
• r
so C C
The aforementioned lease provides that Lessee Morgan shall have
the right of first refusal on the same terms and conditions as
the existing lease, assuming the City does in fact lease that
property.
Furthermore, the existing lease contains a clause in the second
paragraph of Page 1 which states that:
"...the CITY hereby leases to the LESSEE, and LESSEE
takes and leases in an 'as is' condition from the
CITY..."
Thus, if prior to the lease, there was a valid perfected public -
use easement established, it is arguable that the Lessee would
take subject to that public use easement. On the other hand, a
lessee would conceivably argue that the right of first refusal
somehow entitled them to acquire the lands as they existed on the
date of the original lease and that at that time there was no
validly perfected public use easement. Of course, had there been
a public use easement perfected, Article XV would cover the
problem since it provides: .�
ARTICLE XV
Easements
This lease is subject to all easements across the
Premises that are of record.
Should the City lease these additional lands to the Lessee
pursuant to Article XVII, which is entitled "Lease Option," there
is not only the protections for the City as cited above, but also
the indemnification clause of Article XI which provides that:
ARTICLE XI
Indemnification
LESSEE shall protect, indemnify and save harmless the
CITY from and against any and all claims, demands and
causes of action of any nature whatsoever for injury to
or death of persons, or loss or damage to property,
occurring on the Premises or in any manner growing out
of or connected with the LESSEE's use and occupation of
the Premises or the condition of the Premises during
the terms of this Lease.
To insure indemnification of the CITY, LESSEE shall
procure and keep in force contractual liability
coverage with limits as to bodily injury liability of
$1,000,000.00 for each occurrence and $1,000,000.00 in
2
aggregate, and as to property.damage liability with
limits of $100,000.00 for each occurrence
and
$100,00.00 in aggregate. A certificate of insuran
ce
shall be delivered to the CITY before occupancyof
Premises by LESSEE,
the
Of course, the Lessee may choose not to exercise •
xercise its right of
first refusal as provided for in Article XVII •
decides that the want � if the Council
y to recognize some inchoate right of the
Burnett's (or the public) to a public use e
Candlelight Extended. Further easement over
Furthermore, if the Council acts to
validate or perfect the easement across this ro affec property, the action
will not technically t Mr. Morgan because he is not yet a
lessee of the property. If the City offers to
to Mr. Morgan under lease the property
g his right of first refusal, he would then
take the leased property subject to the perfected ed easement as
provided by Article-XV of the lease.
TR/cif
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Suggested By: Administration
CITY OF KENAI
ORDINANCE 1192-87
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1986-87
"KENAI SENIOR CITIZENS - TITLE III" BUDGET BY $1,007.
WHEREAS, the State of Alaska has awarded the City of Kenai a
supplemental training grant in the amount of $906; and,
WHEREAS, the City's required in -kind match is $101; and,
WHEREAS, the intent in applying for this grant was for the
Project Director to attend a workshop in Juneau, Alaska.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI
ALASKA that the following increases in estimated revenues and
appropriations be made:
Increase Estimated Revenues:
State of Alaska Grant $ 906
In -Kind Rent 101
1 c 007
Increase Appropriations:
Access Services:
Transportation $ 906
Rent 101
1 007
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th da
of March, 1987. y
ATTEST:
Janet Whelan, City Clerk
JOHN J. WILLIAMS, MAYOR
First Reading: March 4, 1987
Second Reading: March 18, 1987
Effective Date: March 18, 1987
Approved by Finance:
(2/27/87)
Gf�O. Sent to o�
C.O. approved by on ) _.
j
Ll
C H A N G E
0 R D E R N 0• 5
Project MAE ,
Initiation Date 10/27/86
Contractor Kodiak Contractors City ty of Kenai
You are hereby requested to comply with •
contract specifications:
Y th the following changes from the
plans and specifications:
C1--1'ANGL IN CONTRACT TIME
Ori aIal Time 200
p. VAous C.O.s 10
This CA,an e Order 0
g
Revised Contract Time 210
CHANGE IN CONTRACT AMOUNT
10riginal'Contract 'Traount 1,6495884.00
Pre lorious Change Or;:er*s . 11,516,16
This (15440.18)
Change Order
[Revised Contract A--eu. 156595959,98
nt
(Attached) (Above) is full justification of each item on this C.O. including its effect en operation
p and maintenance costs.
This C.O. is not valid until signed by both the Owner and Engineer. Kenai City Council has to approve �
- PP all C.O.s.
Contractor's signature indicates his agreement herewith, including any adjustment in the Contract sum or Contract time.
By
d�vi�2�3cTa�es B v
L:1� nee .
ontra`�or
Dat:z _ r Date v���ner
�v /to / D a t
FOR COUNCIL MEETING of -.� �`V7
(�] Attorney
Co . • `_J kolty rig
%av'✓
Grigiria! To-- ~ Submitted By---
..'r . sent to on Pa
•g e of 4
now C.O. approved b o
Y n )
CHANGE ORDER N 0:�_
Project MAE Initiation Date 10/27/86
Contractor __�iak Contractors City of Kenai
You are hereby requested to comply with the following changes from the
contract plans and specifications:
Item Description of changes - quantities, units Increase or
NO. unit prices, change in completion schedule etc. D ( e cre as e )
Labor
Cable Splicer - 11 homes @ $33.82 x 1.20 = $40.58
446.38 �
Operator - 1 how @ $30.97 x 1.20 = 37.16
37.16 �
Material
530' of 50 pair cccim. cable & 2 splice kits - 780.00
780.00 �
S(A)
Excavation around existing U.G. electrical service:
1345.13
Equipment
172 Backhoe 3 homes @ $152.47 x 1.15 = $175934
.526.02 �
Pickup 1 hour @ $15. 30 x 1.15 = 17.60
17.60 �
Labor
Laborer 8 hours @ $ 27.79 x 1.20 - 3a.35
266.80 �
Operator 3 homes @ $ 30.97 x 1.20 = 37.16
111.48 i
Foreman 1 how @ $ 33.51 x 1.20 = 40.21
40.21
9
Net change in contract price due to this C.O.
CHTANGE IN CONTRACT TIME
Ori final Time
Previous C.O.s
This Chaanbe Order
Re%rised Contract Time
CHANGE IN CC-XTRACT AMOUNT
Original Contract `.,mount
Previous Change Or::�rs
This Change Order
Revised Contract 1-:ount
(Attached) (Above) is full justification of each item on this C.O. including its effect en operation and maintenance costs.
This C.O. is not valid until signed by both the Owner and Engineer. Kenai City Council has to approve all C.O.s.
Contractor's Si -nature indicates his agreement herewith, including any adjustment in t!e Contract sum or Contract tione.
3y
By
By
Encrineer
Date
Contractor
- _-
OwnerDaL
Date
.
Csent to on
,,-�'` Page of 4
wooC•0• anproved by on
0 R D E R N 0 C H A N G E
Project
Initiation Date 10/27/86
Contrac s-o r ciak • Con actors City of Kenai
You are hereby requested to com I with -
contract P Y th the following changes from the
plans and specifications:
Item Description of changes - uant'
ties , units, Increase or
No. g q s
unit prices, change in completion schedule etc, (Decrease)
6(A)
Relocation of Uncharted U.G. Telephone Cable:
F,quipRnent
172 Ba.ckhoe
2 homes @ $152.47 x 1.15 =
175.34
580 Backhoe
26.67 Hours @ $32.00 x 1.15=
36.80
750 Dozer
2 homes @ $70.95 x 1.15
81.59
Compactor
1.33 homes @ $48.91 x 1.15 =
56.25
Pickup
20 homes @ $15-30 x 1.15 =
17.60
Labor
Operator
32 hours @ $30.97 x 1.20 =
37.16
Laborer
26 hours @ $27.79 x 1.20
33.35
Foreman
13.33 homes @ $33.51 x 1.20 =
4o.21
Material
Pavement repair 500.00
Net change in contract price due to this C.O.
CHANGE IN CONTRACT TIME
i Ori:inal Time
I Previous C.O.s
This Chance Order
LR4m 11- ised Contract Time
350.68
981.46
163.18
74.81
352.00
1189.00
867.10
536.00 ,---
CHANGE IN CONTRACT AMOUNT
10riginal'Contract _Lmount
Previous Change Orders
This Change Order
LRe-t,-issed Contract s-ount
(Attached) (Above) is full justification of each item on this C.O. including its effect cn operation and maintenance costs.
This C.O. is not valid until signed by both the -Owner and Engineer. Kenai City Counci: has to approve all C.O.S.
Contractor's signature indicates his agreement herewith, including any adjustment in t6.e Contract sum or
Contract Lire.
15 v-
Engineer
,)a -Le.
B 1'
Contractor
Date
By
Diener
Data .
sent to
'rC.O. ad '�) '
proved by on )
Page 4 of 4
CHANGE ORDER N0:5
Project MAE
Initiation Date 10/27/86
Contractor Kodiak Contractors
city of Kenai
You are hereby requested to comply with the '
contract P y following changes from the ,
} plans and specifications:
Item
No.
Description of changes - quantities, g q les , units,
unit prices, change in completion schedu
P le , etc.
Increase or
(Decrease)
7(A)
Grade Change on Taxiway C-1:
Equipment
D-9 Dozer 3 Hours @ $119,86 x 1,15 = $137o84
413,52 �
Motor Grader 12 Hours @ $ 70.95 x 1.15 = 81.59
979.08
750 Dozer 13 Hours @ $ 70,95 x 1.15 = 81.59
1060.67
Compactor 2 Hours @ $ 48,91 x 1,15 = 56.25
112.50 -*,"
Pickup 6 Hours @ $ 15,30 x 1,15 = 17.60
105.60
Labor
Operator 30 Hours @ $ 30.97 x 1.20 = 37,16
1114e80 �"
Foreman 6 Hours @ $ 33.51 x 1920 = 40.21
241.26
• •
402 7.43
40.02
A.C. Pavement (Class C):
(14, 642 e 56)�
Deduct $14,642.56 from payment for this item due to
non-conf ornning material
Net change in contract price due to this C.O.
C.__1'ANGB IN CONTRACT TIME
Original Time
Previous C.0.s
This C aar.be Or
Relrised Contract Time
CHANGE IN CO_\7RACT AMOUNT
Original Contract _mount
PrevChange Or ers
This Change Order
Revised Contract '.--.cunt
(Attached) (,above) is full justification of each item on this C.O. including its effect on operation and maintenance costs.
This C.O. is not valid until signed by both the -Owner and Engineer. Kenai City Council has to approve all C.O.s-
Contractor's signature indicates his agreement herewith, includingadjustment in tLe
any ) Contract sum or Contract time.
J `r
Ln�1neer
'date
By
Contractor
Date
By
01�ner
Date
o) -
V'
Pro j ec�,. �, ron Extension
Page o f
A complete explanation and justification of each item '
e Order including it listed on this
Change g s effect on the operation and maintenance
costs is below.
Item No. 3(A) Repair of damaged uncharted underground utility
cable.
On June 17, 1985 excavation for taxiway C-1 uncovered a six pair and
a two pair communication/control cable that was not charted.
Initially, FAA personnel said that the cable was abandoned and could
.be removed. At that point the contractor began excavating the cable
with the spoil. some time later that of ternoon, the FAA returned and
said that the cable controls the rotating beacon and required that the
cable be repaired FAA agreed to provide the necessary cable to make
the repairs. The cable arrived on June 19. Jahrig Electric, the
el ectr i cal subcontractor on the project completed repair of the cable
at approximately 11:45 am on the same date. The work required to
relocate/replace this cable is reflected in this item ' of the change
order,
g
ItEm No. 4 (A) : Relocation of control cable.
This work involved the relocation of an 18 pair control cable that was
located on the northerly end of the existing apron (prior to the
extension). The subcontractor (s) completed the relocation of this
cable on June 28, 1985. Record drawings indicated that excavation
would not have to continue into the area where this cable was located.
Upon excavation of this area, it became evident this cable was within
the excavation limits. The subcontractor relocated the cable. This
work was discussed with FAA personnel prior to the work and approved
by them It was agreed that the FAA would reimburse the cityfor this
work.
The work required to relocate this cable is reflected in this
item of the change order.
Item Na 5 (A) Excavation around existing underground electrical
service.
This work involves excavation of unsuitable material around an
existing underground electrical service wire located at the northerly
end of the stub taxiway,,
This electrical service was initially
thought to be outside the project excavation limits based on record
drawings given tous by NOAA. These records were tr ansf er ed to the
construction Drawings and shown so that no conflict was anti ci ted.
The Contractor was required to expose and work around this wire for
the excavation operation as part of construction of the stub taxiwa .
The extra work required red to work i y
eq o k around this cable is reflected in this
item of the change order.
Item No. 6(A) Relocation of uncharted underground telephone cable.
The contractor excavated the trench for relocation of an uncharted 50
lair telephone cable from approximately station 12+00 to station 24+45
ocated in the strip paving and the apron extension area. The cable
Provides telephone communication to the AM The Contractor agreed to
dig the trench for this cable relocation in an effort to expedite the
r el oc,ati on work be ca use Cont el did not have a ba ckhoe available to do
the work. Additionally, as part of his work, the contractor was
required to temporarily relocate an 18 pair control cable that was to
be placed in the proposed conduit. The contractor did the excavation
necessary for the relocation for both the contractor's cable and the
telephone cable which resulted in, excavation of two existing paved
driveways that front onto the apron. The Owner of the driveways and
the Airport Manager both requested that these trenches be repaved to
Prevent potential damage to taxiing aircraft. Repaving of the
trenches was accomplished in a timely manner to the satisfaction of
the Owners. Because work for repaving was due to the two cables, one
the responsibility of the contractor and the other the responsibility
of the City, the cost for this repair work was shared equally between
the contractor and the City. Also, approximately 2/3 of the trenched
distance for the relocation of the above described cables was shared
equally between the contractor's cable and the City's cable.
Therefore, the cost of this excavation was shared equa.].ly by th e
contractor and the City (1/2 X 2/3 = 1/3 of the trench excavation cost
is due to the contractors cable) . 2/3 of the work r equi red to
complete this relocation is reflected in this item of the change
order.
Item No. 7 (A) : Grade change on taxiway C-1.
Grade change on taxiway C-1 resulted in the removing and salvaging of
approximately 2" of leveling course and modification of the
constructed plan grade subgrade. The grade as designed, was in excess
of the FAA guideline for taxiway grades. The revision was made to
avoid future non-conformance design problems that could have resulted
in jepordizing FAA funding of future projects. The work required to
make this grade change is reflected in this item of the change order.
Item No,, 40.02 A. C. Pavment (Class C) .
Testing and retesting of the asphalt cement supplied for this project
indicate that some of the pavement for this project is non -conforming.
The project specifications do not provide for non -conforming work
other than to require the contractor to remove and replace the
defective material at his expense.
It is our opinion that the asphalt cement supplied that does not meet
the project specifications will reasonably meet the requirements of
it's intended use but may perform at a reduced level. Therefore, a
price adjustment is warranted in lieu of removal and replacement.. The
method of providing for non-conf orming asphalt cement, outlined in the
Alaska DOTOF Standard Specifications, has been used to determine the
amount to be deducted. This method has been used sucessf ully on other
City projects. It is our opinion that this method provides an
LEASE ASSIGNMENT AND CONSENT
BY AGREEMENT executed ^this day of January, 1986, !
between DAVID DIAMOND, Lessee -Assignor, and C. R. BALDWIN,
Assignee,
r
WITNESSETH:
WHEREAS, on April 21, 1977, David Diamond entered into a
lease with the City of Kenai on the leasehold estate in real
property described as:
i
Lot 4, Block 5, GENERAL AVIATION APRON,
according to Plat 73-68, located in the
Kenai Recording District, Third Judicial
District, State of Alaska; and #
I; WHEREAS, for the purposes of this agreement, said real
property is owned by the City of Kenai, Alaska, a home rule
!; charter municipality of Alaska; and
'I WHEREAS, David Diamond is the owner of a building and other
improvements located on said leased premises; and
;? WHEREAS, David Diamond desires to convey said improvements
and assign the leasehold interest to C. R. Baldwin who desires to !
acquire the same; '
NOW, THEREFORE, in consideration of the premises and Ten
Dollars ($10.00) in hand paid, and other good and valuable
j consideration received and acknowledged, David Diamond hereby
assigns all of his right, title and interest, in and to the
leasehold described above, to C. R'. Baldwin subject to and 4
I conditioned upon: f
1. The performance of and payment by C. R. Baldwin of
!: the terms and conditions of that certain Deed of Trust of even I
date herewith, wherein David Diamond is Beneficiary and C. R.
Baldwin is Trustor, describing said leasehold interest; and
-- �� i
2. The consent of the City of Kenai, Alaska, to this
! assignment.
:i
i DATED this
i; O., day of January, 1986.
f
�6vid Di mond
ACKNOWLEDGEMENT
t
STATE OF ALASKA )
ss.
i� THIRD JUDICIAL DISTRICT )
The foregoing document was acknowledged before me this
i
li
I,i
PHIL N. NASH
ATTORNEY AT LAW
POST OFFICE BOX 4004
KENAI. ALASKA 99611
(907) 283.7514 PAGE 1 - LEASE ASSIGNMENT AND CONSENT
,! I
;c
r
day of January, 1986, by DAVID DIAMOND.
Notary Public: State of Alas
My Commission Expires: /Z2 ,--rzy�
'i
Accepted and Agreed:
I,
C. Baldwin
ACKNOWLEDGEMENT
STATE OF ALASKA )
s s .
THIRD JUDICIAL DISTRICT )
The foregoing document was acknowledged before me this
day of January, 1986, by C. R. BALDWIN.
ij
,►
Notary Public: S to of laska
My Commission Expires:/ ,�S
CONSENT TO ASSIGNMENT
j
The City of Kenai, Alaska, a home rule charter municipality
of Alaska, hereby consents to the above and foregoing assignment.
DATED this day of 1986.
,i
CITY OF KENAI
i
�= by
i
Attested:
!� City Clerk
+' ACKNOWLEDGEMENT
1
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
!i
The foregoing document was acknowledged beforethis
fI me _
day of January, 1986, by of the
City of Kenai, Alaska, a home rule charter municipality of
PHIL N. NASH 1;
ATTORNEY AT LAW
POST OFFICE BOX 4064
KENAI. ALASKA 99611
(907) 283.7514 PAGE 2 - LEASE ASSIGNMENT AND CONSENT
i
t
,w
r u
r'
li Alaska, on behalf of the City of Kenai.
I
i�
Notary Public: State of Alaska
My Commission Expires:
Approval as to form:
Timothy Rogers
City Attorney
;i
I.
i�
i!
I�
i
it
RI
�I
PHIL N. NASH
ATTORNEY AT LAW
POST OFFICE BOX 4084
KENA1. ALASKA 99611
(907) 283.7514 PAGE 3 - LEASE ASSIGNMENT AND CONSENT
We-nai Commanity .�'� '�i '"J� Hazy
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAI, ALASKA 99611
TO: Mayor and City Council
City of Kenai
FROM: Emily DeForest
Librarian
G'
DATE: 26 February, 1987
RE: Fee Schedule Changes KMC 1.56.020
At the February 3, 1987, Kenai Advisory Library Commission meeting
it was voted to change Item 4 a-f and Item 5 a on the listing of
library borrower information that is included with each new library
user identification card.
We ask that the Mayor and City Council -accept and approve the changes
in the Library Regulations and incorporate them under that heading in
I the Code of the City of Kenai.
Wenat' Community -fE&a2y
A PUBLIC LIBRARY IN SERVICE SINCE 1949
163 MAIN STREET LOOP
KENAt, ALASKA 99611
1. Borrowers' Cards
a. All transactions will require the presence of a valid library identification card
which.will be' issued to a resident filing an application, and accepting the
responsibilities for it. No card will be issued to a minor under 18 years of age
unless the application, and acceptance of responsiblility,- is signed by the minor
and also by a parent, or person standing in place of the parent, willing to assume
the responsibility for the minor for misuse or abuse of the privileges of library
usage.
b. Upon application for a card, the borrower will be permitted to check out one book.
After the card is received through the mail, the borrower may check out as many as
four books each library visit if all materials previously loaned have been returned
and no fines, charges, or penalties are in arrears on library records.
C. Where privileges have been suspended on a card of a member of a family group,
privileges on all cards in the family group may be suspended, by giving prior written
notice of suspension to a parent figure at the address on the library record, until
the overdue materials have been returned, or the fines, charges, or penalties on the
suspended records have been fully paid.
2. Fines
a. 5� a day on 14 day books.
b. 10� a day on 7 day books and/or other library ..materials such as maps, periodicals,
newspapers, atlases, phonodiscs and cassettes.
c. $5.00 a day on non -book materials such as cassette players, screens or projectors,
3. Service Charges
a. $10.00 handling charge for books or other materials that are lost or damaged beyond
repair in addition to full replacement costs. For out -of -print books: $35.00 for
Alaskana, $25.00 for non-fiction books, $15.00 for fiction books or for children's
books shall be considered full replacement costs.
b. $1.00 for each postal card or telephone call that is necessary to effect return of
overdue books and/or other library materials or settlement of other charges.
4. Replacement Charges
a. 50� for each pocket c. 500 for lost library ID e. $2.00 for record sleeves
b. 25� for date slips d. 50(� for missing spine labels f. $2.00 for hang-up bags
5. Damages
a. $2.00 per page for torn or defaced pages or covers. (Pages or covers containing
scribbling, writing, or that have been mended with scotch tape are considered
defaced.)
b. If reading material is damaged to the extent that any part of it is, illegible, then
charges under 3a will be applicable.
6. Limited Circulation
Books designated "Limited Circulation" are to be loaned only to borrowers with
responsible library usage for the immediate past six months. A $5.00 charge will be
imposed if any such book is deposited through the book drop.
7. Renewals
a. Books and/or other library materials may be renewed once if not reserved.
b. Nothing will be renewed by telephone.
KMC
1 q4 Ann
KENAI ADVISORY LIBRARY COMMISSION
February 3, 1987
page -4-
MOTION
Commissioner Turner moved to change 3. (b) to Two dollars
($2.00). Commissioner Emery seconded the motion for
discussion.
Chairwoman Swarner called for a roll call vote.
Linda Swarner - No
Doug Emery - No
Kathy Heus - No
Susan Smalley - No
Paul Turner - Yes
Motion failed.
Replacement Charges were discussed and changed as follows:
4. a. .50 cents c. .50 cents e. $2oOO
b. .25 cents d. .50 cents f. $2*00
MOTION
Comm i s s 'loner Emery moved that the replacement charges are
accepted as presented. Commissioner Heus seconded the
motion.
The motion passed unanimously.
Damages were discussed and changed as follows:
MOTION
Commissioner Emery moved to change 5.(a) to Two dollars
($2,00). Commissioner Smalley seconded the motion.
The motion passed.
/-/-7
CITY OF KENAI
0
.__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Councilmembers
City of Kenai
FROM: 'm`Rogers, City Attorney
' y of Kenai
DATE: February 21, 1987
RE: Leases Expiring in 1987
I have been inf ormed by Dana Gers tlauer , Adininis trative
Assistant, that there are three leases with the City having
expiration dates in 1987. The Concorde Rest_auraDt, expiring
April 16, 1987 and the Runway Lounge, expiring June 30, 1987; are
both airport terminal leases, whereas Robert Jackson's lease of
Lot 4, Block 5, CIIAP and ROW, expiring June 30, 1987, represent
lands upon which an impound yard exists adjacent to Airport Way.
While it was anticipated that the FAA would vacate the upstairs
in the airport terminal this summer and therefore, it would be
appropriate to have the restaurant and lounge leases terminate
this spring so that we could have RFP's for a restaurant/lounge
and gift shop, it is apparent from discussion with the City
Manager. and Airport Manager that the FAA may well not terminate
their occupancy for some period of time. Therefore it � may be
more beneficial to th
e City to have the FAA space vacated before
the restaurant and lounge to alleviate the possibility of having
both vacant space and a lack of desired services in the terminal
while attempting to get RFP's for new tenants. The Council
should consider =xtending the leases for the present airport and
lounge concessions for one year wi the present lessees in hopes
that within that period of time the FAA would vacate and we can
deal with all of the concession space which may be used for a
restaurant/lounge/gift shop at one time.
The lease of Lot 4, Block 5, CIIAP and ROW which is presently an
impound yard, presents another matter for the Council's
consideration, in view of the recent Supreme Court decision in
City of Kenai v. Edward A. Ferguson, Supreme Court Nos. 1435 and
1478, which case was in the February 18, 1987 packet. Since the
Supreme Court maintains that appraisals shall be based on actual
use as opposed to highest and best use, the Council should make a
decision relative to new leases or renewal of ol
d lease whether
or not they desire to put specific language as to the rental rate
for properties which are to be utilized for a use that is less
than the highest and best use and which would result
in less
lease revenue for the City, or whether they wish the Legal g 1
Department to put in a clause which would result in a lease rate
apart from and therefore higher than what the City would derive
from a use other than the highest and best use.
TR/clf
CITY OF KENAI
.__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
March 2 , 1987
TO: Council
FROM: Janet Whelan f�
City Clerks .�
Neil Johansen, DNR, would like to meet with the Council to
discuss the wildlife viewing station. He will be available
the week of March 16,
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CITY OF KENAI
0 Capi ..4
d 1 44m.4a
.__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
ME-M.O.RANPUN
TO: Keith Kornelis, Pudic Works Director
✓O`anet Whelan, City Cler
FROM: jack LaShot , City Engineer
DATE* March 3, 1987
SUB ECT : GRAVE DIGGING
I have contacted Mike C:inereski to inquire if he would be
interested in opening and closing graves for the City of Kenai*
fte s _.rater ested and would perform th-e work for no more than the
fees the Ci ty col-lects for this service.
MJ..ke current-ly oTpens and closes graves in the City Cemetery for a
couple of the local funeral directors and was recommended to me.
A 1 of his work is done by hand in o: dear that the .east amount o -
disturbance to the Cemetery is caused.
The attached rates and +_nf or oration concerning the manner in w hicn
the work will be accom-olished will be used.
JL/sw
DEPT\C.iTYr.�N*G\C:E'METEkY. ME'M
3--3-87
KENAI CEMETERY
GRAVE OPENING & CLOSING
Operation within the context of this agreement shall include but
not be limited to the following activities. -
The Contractor shall excavate a grave within 48 hours of
notification by the City. The Contractor shall make himself
available to receive such notification between the hours of
8:00 a.m. and 5:00 p.m. Monday through Friday.
The Contractor shall excavate the grave either by hand or
with equipment. Equipment being :roved across the existing
cemetery or over graves shall not cause rutting or other
damage to existing grassed areas, headstones, or tombstones.
Excavated material shall be stored on a tarp in such a
manner that it will not ruin the grass or appearance of
surrounding graves.
Immediately after each funeral service the Contractor shall
fill in the grave and mound the excess material neatly.
DEPT\CITYENG\CEMETERY.MEM
3-3-87
KENAI CEMETERY
GRAVE OPENING AND CLOSING CHARGES
Full Size Grave
5' x 10'
WINTER $350.00
SUMMER $200.00
DEPT\CITYENG\CEMETERY.MEM
3-3-87
Infant Cremains
2%' x 5' 2%' x 2%'
$175.00 $175.00
$100.00 $100.00
T-7
CITY OF KENAI
lod Cap..04640.. 4ia44a
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
February 27, 1987
MEMORANDUM
TO: Mayor Williams and the Kenai City Council
FROM: Randy Ernst, Airport Manager
RE: Airport Status Report (:f
Enplanements:
Total for 1986
Total for 1985
84,225
107,930
w
1986 enplanements down approximately 22% from 1985
enplanements.
Airport Traffic Record: 12 month cumulative (Tower
Total
Operations 1986
75,2O2
Total
Operations 1985
81,260
Total
Instrument Operations 1986
9,'701
Total
Instrument Operations 1985
11,578
Approximate FSS Advisories 1986
10,787
Approximate FSS Advisories 1985
13,541
Aircraft Incidents Reported 1986,
Total
incidents
7
Total
injuries
0
Tot&l
major damage to aircraft
2
Total
minor damage to aircraft
3
Project Status:
1. Masterplan Update - Currently being reviewed by the
FAA. Completion expected by end of March.
2, Safety Zone, GA Tiedown Apron and Taxiway Improvements
-- Expected start-up to begin March 23rd with south 1000
feet of runway o be closed and instrument approaches
shut down for 60 days.
3, Preapplication and engineer's design of the floatplane
facility being reviewed by the FAA. Letter from the
State DOT approving project on the way.
4. New telephone and ad display board is completed and
seven of the twenty spaces filled. I anticipate most
all spaces to be filled by mid -summer.
5. Requests for proposals on space vacated by Dollar Car
Rental to go out by mid -March.
RE/dg
21�
rNF 0
KENAI PENINSULA BOROUGH
00,
REGULAR ASSEMBLY MEETING MINUTES
JANUARY 20, 1987; 7 : 3 0 P.M.
>. BOROUGH ADMINISTRATION BUILDING
SOLDOTNA, ALASKA
L
� -
AGENDA
-
+J
Page No.
A . CALL TO ORDER 1
B; PLEDGE OF ALLEGIANCE 1
C. INVOCATION: Rev. Ken Hepner,
United Methodist Church, Soldotna 1
D. ROLL CALL
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES: January 6, 1987 1 Apprvd
G. COMMITTEE REPORTS
(a)
Finance (Crawford, Carey, O`Connell, Nash,
Fandel, Johnson)
1
(b)
Lands/Resources (Skogstad, Johnson, McGahan,
Mullen)
1
(c)
Legislative/Policies (Glick, Phillips, Carey,
Crawford)
1
(d)
Local Affairs (Moore, Phillips, Fandel, Mullen,
Walli)
1
(e)
Public Works/Education (McLane, Skogstad, Walli,
McGahan, Keene)
1
(f)
Data Processing (Johnson)
11
H. MOTIONS TO RECONSIDER
(a)
Res. 87-1 "Correcting the Boundaries of the Soldotna
an i to Match Correct Topographical Information"
(Mayor, Req. WDC) MTR: McLane
2 Rcnsd,
I. AGENDA APPROVAL AND CONSENT AGENDA
4 Adopted
(a)
Vacation unused ADL 63992 ROW and Utility Easement
within Lot 6 and Lots 8 through 12, Block 2, Stubble-
field Subd. Addn. No. 3, Sec. 21, T4N, R11W, S.M.
(b)
"Commending Dean Otteson as a Recidient of the 1987
Kennedy Center/Alliance for the Arts Education's
School Administrator Award" (Mayor)
(c)
Res. 87-5 "Requesting the State of Alaska to Select.
ertain ands Within the Chugach National Forest
Which Meet the Provisions of Section 6(a) of the
Alaska Statehood Act" (Skogstad)
(d)
Res. 87-6 "Urging the Alaska Legislature to Support
t
and e epartment of Transportation and Public
Facilities to Pursue Inclusion of the Scout Lake
Road, a Proposed Connecting Bridge, and the Funny
River Road on the Federal Highway System" (McLane)
J. ORDINANCE HEARINGS
(a)
Ord. 86-101 "Amending KPB 21.12 to Prohibit the
Disposal or Storage of Hazardous Waste" (Nash)
REF: WDC
4 Pstpnd
(b)
Ord. 86-105 "Amending the Borough Code of Ordinances
oncerning Assembly Member
to 2/17
Term of Office and Election
of Assembly Officers" (Moore)
5 Enacted
Page, No.
(c) Ord. 86-71 "Stating the Principal Purposes of Kenai
Peninsula Borough Computerized Records; Setting Forth
Criteria for Classification of Such Records, According
to Access and Processing Requirements; and Providing
for the Disposition of Such Classified Records"
(Johnson) & SUBSTITUTE (Mayor) POSTPONED TO 1-20-87 5 Enacted
K. INTRODUCTION OF ORDINANCES
(a)
Ord. 87-5 "Reclassifying Borough Lands, and Approving
the pit on to Lease "Ladd Landing", with Accompanying
Lease, Port Management and Easement Agreements" (Mayor) 6
Set Hrg
(b)
Ord. 87-6 "Amending KPB 5.12 to Include Service Areas
Under the 8 Mill Tax Limit" (McGahan) 6
Defeatd
(c)
Ord. 87-7 "Appropriating $25,000 to the Legal Depart-
ment ( ayor ) 7
Set Hrg
L. CONSIDERATION
OF RESOLUTIONS
(a)
Res. 87-7 "Recommending the Selection of Great -West
Li a Assurance Company to Replace Blue Cross to
Administer the Self -Insured Health Care Program for
the Administrators, Employyees, and Their Dependents
of Kenai Peninsula Borou h and Kenai Peninsula
g
Borough School District"(Mayor) ) 7
Adopted
(d)
Res. 87-8 "Recommending the Selection of Mutual
Benefit Life to Replace Kansas City Life Insurance
Company to Provide Group Life Insurance Benefits for
the Administrators, Employyees, and Their Dependents
of Kenai Peninsula Borou h and Kenai Peninsula Borough
g g
School District" (Mayor) 9
Adopted
M. PENDING LEGISLATION
(This item lists legislation which will be addressed at a later
time as noted; not for action this meeting.)
(a) Ord. 87-1 HEAR 2/3/87
(b) Ord. 87-2 HEAR 2/3/87
(c) Ord. 87-3 HEAR 2/3/87
(d) Ord. 87-4 HEAR 2/3/87
(e) Ord. 86-85 POSTPONED INDEFINITELY
(f) Ord. 86-94 POSTPONED TO 2/17/87
N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT. ON THE
MEETING AGENDA
0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT
CONTAINED IN THE ASSEMBLY'S AGENDA
P. MAYOR'S REPORT
Q. OTHER BUSINESS
(a) Waiver of Penalty and Interest; Thompson's
Log Gift Shop 9 Appv 30
R. ASSEMBLY AND MAYOR'S COMMENTS day Ext
S. INFORMATIONAL MATERIALS AND REPORTS
T. NOTICE OF NEXT MEETING AND ADJOURNMENT (February 3, 1987)
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING MINUTES
JANUARY 20, 1987; 7:30 P.M.
BOROUGH ADMINISTRATION BUILDING
SOLDOTNA, ALASKA
j44
I
-- A. CALL TO ORDER
The regular meeting was called to order by Pres. Jonathan Sewall at
7:30 p.m.
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
The invocation was given by Rev. Ken Hepner, minister of the United
Methodist Church in Soldotna.
D. ROLL CALL
PRESENT: Assemblymembers Carey, Crawford, Fandel, Glick, Keene,
Johnson, McGahan, McLane, Moore, Nash, O'Connell, Phillips,
Skogstad, Sewall, Walli; Adam. Asst. Best, Atty. Boedeker,
Finance Director Barton, Risk Manager Merz, Personnel
Director Campbell, Borough Clerk Brindley
EXCUSED: Assemblymember Mullen
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES
The minutes of the regular meeting January 6, 1987 were approved with
minor corrections.
G. COMMITTEE REPORTS
All regular committees met this date unless otherwise noted and
agenda items were discussed as reported with individual items.
(a) Finance (Crawford, Carey, O'Connell., Nash,
Fandel, Johnson)
(b) Lands/Resources (Skogstad, Johnson, McGahan,
Mullen)
Mr. Skogstad reported the committee also discussed the forest
resource management plan in draft ordinance form.
(c) Legislative/Policies (Glick, Phillips, Carey,
Crawford)
Mrs. Glick reported the committee reviewed the Assembly Manual for
1987 which will before the Assembly at the.next meeting. She stated
bills filed in the legislature which might effect the Borough were
reviewed. Additionally, a proposed change in parliamentary procedure
for assembly meetings was considered.
(d) Local Affairs (Moore, Phillips, Fandel, Mullen, Walli)
Mr. Moore reported the committee discussed concerns on Ord. 87-1 with
Atty. Boedeker and would be recommending enactment.
(e) Public Works/Education (McLane, Skogstad, Walli,
McGahan, Keene)
Mr. McLane reported the committee discussed, in addition to agenda
items, Ord. 86-94 which the would
y u like to have further postponed in
order to allow more committee work. Pres. Sewall stated if there was
no objection he would moved the date postponed to from February 17 to
March 17. There was no objection to the change.
- 1 -
KENAI PENINSULA BOROUGH. ASSEMBLY REGULAR MEETING OF-JANUARY 20 1987
(f) Data Processing (Johnson) Report follows legislative items.
H. MOTIONS TO RECONSIDER
(a) Res. 87-1 "Correcting the Boundaries of the Soldotna
T:andfi=to Match Correct Topographical Information"
(Mayor, Req. WDC) MTR: McLane-
ASSEMBLYMEMBER McLANE MOVED TO RECONSIDER RES. 87-1.
Mr. McLane reported there is a significant amount of new information
to review as well as a model showing the contours of the landfill to
make more clear what is being proposed.
Mrs. McGahan spoke against reconsideration, stating the model was new
but the information was the same as when Res. 81-207 was adopted
which promised neighboring residents the landfill would not be
expanded.
VOTE WAS CALLED AND MOTION TO RECONSIDER APPROVED BY A VOTE OF 9 YES
TO b NO AS FOLLOWS:
YES: Nash, Phillips, Crawford, Glick, Sewall, Skogstad, Fandel,
McLane, Johnson
NO: Keene, Walli, Moore, Carey, McGahan, O'Connell
Mr. Crawford reported the Finance Cmte . recommended passage by
unanimous vote.
Mr. Joe Arness, Chairman of the Waste Disposal Cmsn., presented a
model of the landfill using cutouts to show the existing site as well
as how it would be changed under the current process -and under the
proposed practice. He stated after the Kenai Landfill is closed,
refuse will accumulate in 3 or 4 ea ` years to the maximum now allowed
He indicated two small portions which represent the modification
being proposed at one side, stating as a pond is not allowed, they
will have to be filled with fill material. Under the proposed plan,
the artificially constructed dike would be raised so another 20 to 30
feet depth over the existing area could be utilized as well as the
indicated "holes" rather than using fill material. This would
provide another 4 to 5 years of use. The purchase of fill for this
area if required.to obtain offsite, would come to nearly $.5 million.
He stated if the Elephant Lake purchase were approved today and the
legislature appropriated the funding this session, the new site might
be on line when the area currently permitted was filled. These are
earliest possible projections however, and alternatives must be
included in the planning. He suggested Res.- 87-1 be amended to
state the resolution be attached to the DEC permit to insure disposal
activities are confined to the cone indicated. He also requested an
amendment to allow cover material to be obtained from the 1/4 mile
area between the landfill and the Moose Range which will be needed in
a year or two.
In answer toquestions from Assembly members,Mr. Arness stated the
idea of leasing the land surrounding the landfill to another party to
preclude further expansion of the landfill in the future should be
pursued. This was part of the original proposal by the Waste Cmsn.
A baler in Kenai would increase the life of this landfill by another
2 years approximately; if a baler was added in Soldotna also, it
could be extended perhaps 20 years. If balers were used the two
"holes" could be, if permitted, filled with onsite cover material for
approximately $132,000.
Public hearing opened.
Coral Allen, Soldotna, stated the approval of the resolution would
allow a pi a of garbage 90 feet deep. She stated the wording of the
resolution in calling the action a correction was incorrect as the
boundaries were clearly stated in Res. 81-207. She feared the plan
- 2 -
P
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20, 1987
to place an impermeable layer over the garbage and then add bales
would be environmentally damaging, draining into Arc Lake. She
wished to see a closeout plan, a baler installed at Soldotna would
mean continued use indefinitely. She questioned the DEC statement
that asbestos was not harmful in water. She pointed out a difference
of 3.75 acres between what is noted in the resolution and the aliquot
description. She believed the 5 years left to the landfill
as
presently permitted should be sufficient to develop the Elephant Lake
site. P
ASSEMBLYMEMBER McLANE MOVED THE ADOPTION OF RES, 87-1.
Mr. McLane reported his firm has done quantity surveys at the
Soldotna Landfill for many years and was staked in 1985 with markers
so the operators and interested parties could see exactly where the
line set by Res. 81-207 was located. Prior to 1981 the only surveys
made indicated where the boundaries of the pond were and some minor
topographic information showing drainage from the southern part of
the property did flow to landfill. He stated Res. 87-1 would
increase the dump area by only 3.5 acres and it still would not be
the closest point to the private property concerned. He stated the
intensive monitoring of the water since 1981 has shown no pollutants
and he believed it prudent to allow that minor expansion to meet the
topography as illustrated with the model.
Mr. Moore believed there were other alternatives to this expansion
and although costs are frightening, to wait will only worsen the
situation. He favored a baler in Kenai to buy some time. He stated
a 100 year plan for waste disposal in the central peninsula was
needed.
Mrs. McGahan believed the wording "correcting" to be deceptive,
recalling the intent of the assembly in adopting 81-207_was to put an
end to further expansion. She noted she is nearly always in faor of
cutting costs, but not at the expense of anyone's health and
promise made to residents. y a
P She referred to a report stating drilling
muds have been put in the landfill and that sufficient information is
not available to comp le
P ytely, characterize the- site or rule out a
direct groundwater athwa .
Mr. Bambard, engineer, stated in response to questions that in order
to open the Elephant Lake site nearly all the $2 million for a road
and at least half the $1.8 million for site preparation would have to
be spent. The estimated $250,000 annually increase in landfill
operation costs does not include royalty fills which would be subject
to future negotiations with the native corporations which own the
land. Mr. Best explained under the NCSA, the -regional corporation
which has the subsurface rights must be involved as well as the
village. corporation which has the surface rights in obtaining fill
material. He stated discussion has been started but there is nothing
to report at this time.
Further discussion addressed the resolution as a "bandaid" approach
to .a longterm problem, the fact that situations change and the
difficulty in finding a site which will be offensive to no one.
Mrs. McGahan wished to amend the resolution to change "correcting" to
"expanding" the boundaries but as the minutes stated same motion
failed at the last meeting, it was not allowed.
"Clerk's note: The record was checked and failure of the motion was
verified with the vote card.
RES. 87-1 WAS ADOPTED BY THE FOLLOWING 9 YES TO b NO VOTE:
YES: Nash, Phillips, Crawford, Glick, Sewall, Skogstad, Fandel,
McLane, Johnson
NO: Keene, Walli, Moore, Carey, McGahan, O'Connell
- 3 -
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20 9 1987
I. AGENDA APPROVAL AND CONSENT AGENDA
Pres. Sewall amended the consent agenda by the addition of thre
resolutions without objection. Mrs. McGahan requested an appeal b
Mr. Billy Thompson under Item Q. Other Business and the agenda and
consent agenda were adopted as follows:
(a) Vacation unused ADL 63992 ROW and Utility Easement
within Lot 6 and Lots 8 through 12, Block 2, Stubble-
field Subd,. Addn. No. 3, Sec. 21, T4N, R11W, S.M.
(b) Resolution "Commending Dean Otteson as a Recipient of
tie ennedv Center/Alliance for the Arts Education's
School Administrator Award" (Mayor)
(c) Res. 87-5 "Requesting the State of Alaska to Select
Certain ands Within the Chugach National Forest
Which Meet the Provisions of Section 6(a) of the
Alaska Statehood Act" (Skogstad/Sewall)
(d) Res. 87-6 "Urging the Alaska Legislature to Support
and the Department of Transportation and Public
Facilities to Pursue Inclusion of the Scout Lake
Road, a Proposed Connecting Bridge, and the Funny
River Road on the Federal Highway System"
(McLane/Glick)
Dusty Rhoads, Brown's Lake, urged passage of Res. 87-6 as the Vice
President of the newly formed Funny River Chamber of Commerce. He
stated the bridge is very important to the community and the Chamber
was formed in order to lobby for it. Since there will be no state
funds for capital projects this year, the only hope is to get it on
the federal system.
Maggie Maybe, Funny River Chamber boardmember, stated the bridge was
necessary to provide a safer, quicker means to get to town. Ther(
have been several devestating fires already this winter and residents
are becoming more fearful due to the time it takes to get help for
emergencies.
Brad Brad_na , Brown's Lake, also urged adoption, stating without the
bridge, they'll never get the roa
d.
Mr. McLane requested a correction in the first Whereas, from
"aligned" to "realigned".
J. ORDINANCE HEARINGS
(a) Ord. 86-101 "Amending KPB 21.12 to Prohibit the
Disposal -or Storage of Hazardous Waste" (Nash) REF: WDC
ASSEMBLYMEMBER NASH MOVED THE ENACTMENT OF ORD. 86-101.
Mr. Nash stated after public hearing he would ask for postponement to
allow additional time for consideration by the Waste Disposal Cmsn.
Public hearing was opened.
Mary Sisson, Sterling, asked Mr. Nash to address what his concerns
were in writing the ordinance, whether it was the PC burn that might
take place this spring if Chevron and ARCo use this means to take
care of the Swanson River spill.
Joe Arness, Waste Disposal Cmsn., referred to a draft substitute
or finance submitted by Mr. Laurie of the Commission which mirrors the
state's proposed siting and disposal regulations relative to
hazardous waste. Under it a person needing to dispose of hazardous
materials would have to come to the Borough and arrive at agreement
in advance of applying for a state permit. The substitute attempts
- 4 -
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JA.NUARY 20 1987
to establish a procedure at the Borough level and some criteria to
deal with that need. The Commission requested postponement for a
month because it has not taken action on the substitute as yet.
-- Public hearing was closed.
Mr. Nash stated in response to the question from Mrs. Sisson that it
was written primarily to establish a guideline if the state decided,
as was reported in a newspaper, to develop a hazardous waste disposal
site on the Peninsula. He stated while he has concerns, he has no
expertise in this area and following review by the Commission, hope-
fully a useable ordinance will result.
ASSEMBLYMEMBER NASH MOVED TO POSTPONE ORD. 86-101 TO FEB. 179 1987-9
MOTION APPROVED BY UNANIMOUS CONSENT. '
(b) Ord. 86-105 "Amending the Borough Code of Ordinancesi
oncernng Assembly Member Term of Office and Election
of Assembly Officers" (Moore)
ASSEMBLYMEMBER MOORE MOVED THE ENACTMENT OF ORD. 86-105.
Mrs. Glick reported Legislative/Policies Coate. voted a unanimous do
pass for the ordinance.
Public hearing was opened and closed without comment.
Mr. Moore stated important time in the fall has been lost by having
to wait until a meeting after all seating is complete to hold
election of officers. He requested unanimous consent.
ORD. 86-105 WAS ENACTED BY UNANIMOUS CONSENT.
(c) Ord. 86-71 "Stating the Principal Purposes of Kenai
Peninsula --Borough Computerized Records; Setting Forth
j Criteria for Classification of Such Records, According
to Access and Processing Requirements; and Providing
for the Disposition of Such Classified Records"
(Johnson) & SUBSTITUTE (Mayor) POSTPONED TO 1-20-87
ASSEMBLYMEMBER JOHNSON MOVED THE ENACTMENT OF ORD. 86-71.
Mr. Johnson stated the ordinance was a product of the Data Processing
Steering Cmte. on which he serves and the essential difference
between the original and the substitute was that in the original the
authority lies with the Committee which is composed of the department
heads, a member of the Assembly, members of the school administration
and a representative of the Mayor's office. The substitute allows
decisions to be made by individual department heads. The Committee
supported the original.
Mr. Crawford reported the Finance Cmte. supported the original to
allow some Assembly input in the decisions, by a majority vote.
Mr. Best reported the administration supports the original as well.
He stated the committee was administratively formed under the
recommendation of the auditors to govern the administration of the
data processing system.
There was no public comment.
Mr. Johnson reported the magnetic tape mentioned in paragraph I is
the medium to get from the computerized records to microfiche. The
cost of microfiche is approximately half that of paper storage,
Mr. Moore believed the ordinance should contain wording that the
Mayor has the authority to appoint the committee and who would serve
needed to be defined. Mr. Nash disagreed.
Mrs. Phillips stated the Mayor already has Y y s the power to appoint
committees.
- 5 -
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20, 1987
ASSEMBLYMEMBER McLANE MOVED AMEND TO ADD PARAGRAPH J. The Data
Processing Steering Committee shall be comprised of all KPB
De---.=: rtment Heads, a member from the . KPB School Distric'
admi-Ini s trat ion to be appointed by the Superintendent of Schools,
member of the Borough administration to beappointed by the Mayor,
and a member of the KPB Assembly to be appointed by the President of
the Assembly." MOTION APPROVED BY UNANIMOUS CONSENT.
ORD. 86-71 WAS ENACTED AS AMENDED BY A VOTE OF 13 YES TO 2 NO:
YES: Nash, Phillips, Keene, Walli, Crawford, Moore, Carey, Sewall,
McGahan, Skogstad, Fandel, McLane, Johnson
NO: Glick, O'Connell
K. INTRODUCTION OF ORDINANCES
(a) Ord. 87-5 "Reclassif7ing Borough Lands, and Approving
the pti"Ovon to Lease 'Ladd Landing", with Accompanying
Lease, Port Management and Easement Agreements" (Mayor)
Pres. Sewall referred to a Substitute prepared containing a change in
the last two lines of Section 2, changing "December 20th" and
January 5, 1986 to January 20, 1987 , and correcting "Critical
Elements of the Option to Lease" (2) by changing "$50,000/year for 2
years" to "$50,000 for 2 years".
ASSEMBLYMEMBER McGAHAN MOVED TO SET ORD. 87-5(SBST) FOR HEARING ON
FEBRUARY 17.
Mr. Skogstad reported the Lands Cmte. reviewed the ordinance this
date as well as at the special worksession January 15 and recommended
passage. He stated there would be an earl yy committee meeting on
P y g
February 17 to answer any questions the ublic or assembly might
have.
Mr. Moore and Mr. Crawford stated the Local Affairs and Finance
Cmtes. also recommended passage.
Pres. Sewall reported Mr. Luke Franklin from Diamond Shamrock and Mr.
Dick McCann from Perkins, Coie were present to answer any questions
but would hold presentations until public hearing.
There was no public comment.
Mrs. Phillips stated her appreciation for the informational packet on
the project proposed by Diamond Alaska Coal Co. ,. by the s taf f .
ORD. 87-5(SBST) WAS SET FOR HEARING BY UNANIMOUS CONSENT.
(b) Ord. 87-6 "Amending KPB 5.12 to Include Service Areas
Under the 8 Mill Tax Limit" (McGahan)
ASSEMBLYMEMBER McGAHAN MOVED TO SET ORD. 87-6 FOR HEARING ON FEBRUARY
17, 1987.
Mr. Moore reported the Local Affairs Cmte, recommended not setting
the ordinance for hearing. It was considered to be unrealistic
without beginning to cut into voter approved services.
There was no public comment.
Mrs. McGahan reported there is currently an 8 mill cap on taxes for
borough operations not including debt service. Whether or not this
includes service areas has been subject to debate for some time and
she wished to clarify it. She reported public comment has been that
there should be a limitation on the mill levy although Finance has
advised a limitation cannot be placed on debt service.
- 6 -
a
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20 1987
Pres. Sewall asked if this would limit the borough to what would not
take the combined borough and service area rate over the limit and
Mr. Boedeker replied the borough would have primary right in setting
its rate and the service areas would have to come in at no more than
the difference.
Mr. Keene noted that with the differences in assessed valuation in
the various areas of the borough, some would receive sufficient
funding with a lower mill rate. Some areas would be prohibited from
having services another could have, even though they were willing to
pay for them. He also felt it would build in public apathy.
Mr. McLane stated he would like to see the people of the Borough have
a chance to vote. on their taxes in the future or at least a maximum
mill rate. Spending seems to rise to match the revenue as has
happened with the state. He spoke for setting hearing in order to
let people be heard on the issue.
Mrs. McGahan asked Mr. Barton how much of the present mill levy would
be subtracted if debt service were removed. Mr. Barton stated the
equivalent levy for debt is about 7.5 mills; with revenues from the
state it would drop to 4 mills. She reported people are discussing
an initiative to bring about a cap, possibly at 5 mills. People do
not realize when they vote in service areas, how.they will grow.
ORD. 86-6 WAS DEFEATED BY A VOTE OF 5 YES TO 10 NO AS FOLLOWS:
YES: Phillips, Carey, McGahan, McLane, Johnson
NO: Nash, Keene, Walli, Crawford, Moore, Glick, Sewall, O'Connell,
Skogstad, Fandel
(c) Ord. 87-7 "Appropriating $25,000 to the Legal- Department"
Mayor
ASSEMBYMEMBER GLICK MOVED TO SET ORD. 87-7 FOR HEARING ON FEBRUARY
17, 1987.
There was no public comment.
Mr. Skogstad asked Mr. Barton what the fund balance is currently and
Mr. Barton replied approximately $7 million.
ORD. 87-7 WAS SET FOR HEARING BY UNANIMOUS CONSENT.
L. CONSIDERATION OF RESOLUTIONS
(a) Res. 87 7 "Recommending the Selection of Great -West
Life ssurance Company to Replace Blue Cross to
Administer the Self -Insured Health Care Program for
the Administrators, Employees, and Their Dependents
of Kenai Peninsula Borough and Kenai Peninsula Borough
School District" (Mayor)
ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 87-7.
Mr. Crawford reported the Finance Cmte. considered and recommended
passage of the resolution.
Pres. Sewall noted the title uses the word "recommending" the
selection of Great -West Life while Section 1 "approves". There was
no objection to correcting the title in Res. 87-7 and 87-8 to
"approves".
Mr. Barton introduced Risk Manager Andy Merz, Keith Zuelke with
Corroon & Black, and Don Morrow with Great -West Life Assurance Co.
He recalled comments on the cost of health insurance during the last
budget session and he had promised to consider ways to trim costs.
In September, with a representative of the School District involved,
Mr. Zuelke helped write a request for proposals which went to 17
- 7 -
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20. 1987
companies. Seven bids werereceived. He stated the benefits were
decided upon by administration and would be the same regardless of
which company was chosen. Blue Cross came in with a better pri(
than in previous years but Great -West came in with the best priCL
He had contacted the North Slope Borough, Fairbanks North Star
Borough and Mat -Su Borough and they were all well satisfied with
Great -West. He stated the greatest saving came from changing from no
deductible to $50.00 on dental care and from $50.00 to $100 per
person or $300 per family on medical care. A minor change was made
of
from coveragede endents
p through the age of 24 to coverage through
19 or 24 if they're a fulltime student. He reminded the Assembly
that the Borough is self insured, the contract is for administration
of the program.
Mrs. McGahan and Pres. Sewall asked questions concerning the
pre-existing condition clause. Mr. Zuelke stated the pre-existing
condition limitation would apply only to employees hired after Feb.
1. There would be continuing benefits for any condition treated
under the previous carrier. It is very unusual for an insurance
program to provide benefits for pre-existing medical problems. If
the employee or dependent can go treatment free for 90 days for a
particular condition they would be eligible for benefits for that
condition; any other condition would not be affected by the clause.
Mr. Moore asked if the provisions were the same for KBEA and
administrative personnel and Mr. Barton stated the only difference
has been that orthodontal care was provided for administrative
dependents but under this contract it has been dropped. The only
difference now is that school administrators receive orthodontic
benefits which was approved by the Board of Education.
Mr. Merz reported the borough's costs for medical care have increased
dramatically in the last few years. To renew with Blue Cross for
the same coverage as in the past would cost the Borough $441,000 more
than what is proposed, or. approximately $50.00 per month, per
employee. Great -West will provide the coverage according to the neN
proposal for $250,000 less than Blue Cross will.
Mr. Carey objected to the fact that the teachers were not represented
in the comtaittee where decisions were made concerning what the
benefits would be. It seemed to be a negotiated agreement without
negotiation; teachers have expressed they would prefer a cut in
salary to a cut in benefits. He urged defeat of the proposal.
Atty. Boedeker stated in reply to a question that the three teachers
on the Assembly would not have significantly more conflict of
interest than the others. since the benefits are available to all. He
stated the Assembly is approving the package deal including what the
Board of Education approved for the school district, and it will be
administered by the Borough.
ASSEMBLYMEMBER NASH MOVED TO AMEND THE 5th WHEREAS BY REPLACING
reduced WITH the lowest��AND ADD the most" PRIOR TO "effective
means for cost containment; and" . MOTION WAS APPROVED BY UNANIMOUS
CONSENT.
Several members expressed objection to having the proposal brought
to them at the last possible meeting prior to the February 1
effective date of the new policy.
VOTE WAS CALLED AND RES. 87-7 WAS ADOPTED BY A VOTE OF 11 TO 4 AS
FOLLOWS:
YES: Nash, Phillips, Crawford, Moore, Glick, Sewall, McGahan,
Skogstad, Fandel, McLane, Johnson
NO: Keene, Walli, Carey, O'Connell
8 -
n
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20 1987
(d) Res. 87-8 "Recommending the Selection of Mutual Benefit
Lie to Replace Kansas City Life. Insurance Company to
Provide Group Life Insurance Benefits for the Adminis-
trators, Employees, and Their Dependents •
_ p of Kenai Pen-
insula Borough and Kenai Peninsula Borough School
District" (Mayor)
ASSEMBLYMEMBERGLICK MOVED THE ADOPTION OF RES. 87-8 WITH A
��
CORRECTION OF RECOMMENDING CHANGED TO APPROVING".
Mr. Crawford reported the Finance Cmte. recommended adoption of the
resolution. Present cost is $122,000 per year and under the new
policy the fee will be $83,000.
ASSEMBLYMEMBER NASH MOVED TO AMEND THE 3rd WHEREAS BY ADDING the
lowest bidder," AFTER "Mutual Benefit Life" AND IT WAS APPROVED BY
UNANIMOUS COST.
RES. 87-8 WAS ADOPTED AS AMENDED BY UNANIMOUS CONSENT.
M. PENDING LEGISLATION
(This item lists legislation which will be addressed at a later
time as noted; not for action this meeting.)
(a) Ord. 87-1 HEAR 2/3/87
(b) Ord. 87-2 HEAR 2/3/87
(c) Ord. 87-3 HEAR 2/3/87
(d) Ord. 87-4 HEAR 2/3/87
(e) Ord. 86-85 POSTPONED INDEFINITELY
(f) Ord. 86-94 POSTPONED TO 2/17/87
N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE
MEETING AGENDA
0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT
CONTAINED IN THE ASSEMBLY'S AGENDA
P . MAYOR'S REPORT
Q. OTHER BUSINESS
(a) Appeal for Waiver of Penalty and Interest; Billy Thompson
dba Thompson's Log Gift Shop
Mr. Thompson thanked Mr. Barton and Mr. Boedeker for the helpgiven
him and reported as of Monday a.m, if the Assembly did ntake
action he would be out of business because of delinquent taxes. He
did not request forgiveness of the taxes, only the penalty and
interest. He reported he was unable to pay because of the state of
the economy and reported his place of business was robbed twice. He
asked the Assembly to give him until August 15 following the. tourist
season to catch up but stated if the Assembly was unwilling to
forgive penalty and interest, perhaps it would consider a 30 da
extension. He was trying to get a loan in Anchorage. y
Atty. Boedeker provided a brief history of missed payments under a
confession of judgement over a two year period and stated the
Assembly does not have authority to waive interest nor the City's
portion of the penalty on its sales tax. Of $134,000 in the judge-
ment, $26,000 was penalties based mainly on 1984 delinquency. The
ordinance allowing forgiveness of penalty relates to the ability to
comply; in this case there was no filing of returns as well as no
payment. The ordinance requires immediate notification of any theft
and there was none. He estimated there might be $5,000 in accrued
interestin the $134,000 owed, and $11,000 would be the Borough's
share which would come under the Assembly's authority. g
ASSEMBLYMEMBER McGAHAN MOVED TO GRANT WAIVER OF PENALTY AND GIVE MR.
}
THOMPSON UNTIL AUGUST 15 TO PAY TAXES OWED IN FULL.
- 9 -
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20 1987
In answer to questions from Mr. Nash, Mr. Boedeker reported no
penalties have been waived under the current sales tax ordinance;
approximately 3,000 businesses have had penalties assessed again
them.
ASSEMBLYMEMBER NASH MOVED TO AMEND THE MOTION TO STRIKE ALL REFERENCE
TO FORGIVENESS AND GRANT A 30 DAY STAY OF EXECUTION ON THE JUDGEMENT
WITH THE CONTINUING CONDITIONS THAT THE ADMINISTRATION HAS PLACED ON
PREVIOUS STAYS.
Mrs. McGahan spoke against the amendment, commenting the local
economy is not going to turn around that fast and gift shop items are
luxuries. She noted Mr. Thompson is a 25 year resident, it is an
established business and will most likely see a profitable summer if
it is allowed to continue.
Mr. Nash stated the 30 day extension would allow the loan application
to go forward and if the bankers are convinced he can repay the loan
next August he will be able to pay the taxes, penalty and interest.
He recognized times are hard but it was not fair for one business
person to pay the bank 13.9 to 152 interest for operation money and
pay sales tax on time and another is allowed to use the sales tax.
THE NASH AMENDMENT WAS APPROVED BY A VOTE OF 11 YES TO 4 NO;
YES: Nash, Phillips, Keene, Walli, Moore, Glick, McGahan, O'Connell,
Skogstad, Fandel, McLane
NO: Crawford, Carey, Sewall, Johnson
THE MAIN MOTION AS AMENDED WAS APPROVED BY A VOTE OF 12 YES TO 3 NO:
YES: Nash, Phillips, Keene, Walli, Moore, Glick, McGahan, O'Connell,
Skogstad, Fandel, McLane, Johnson
NO: Crawford, Carey, Sewall
R. ASSEMBLY AND MAYOR'S COMMENTS
Mr. Crawford reported the Task Force committee on South Peninsula
Hospplems. One was the timing
was held on January 14, in which they identified two
•
Probming of the budget procedure which required
them to submit the next year's budget 3/4 through the current year.
Another was the authority of the elected board to approve the budget
and have input into it. He asked the next meeting be set for the
middle of February. He has requested some information and hoped to
settle questions relating to the budget process at the next meeting
and be finished with problem. He stated he had no desire to get into
actual budget preparation or approval, only define what steps are
taken and by which body.
Mr. Moore stated he anticipated the District 2 representatives would
be contacting the school PACs for input in the high school naming
process.
Mr. Carey expressed frustration with the question of the committee
that decided what benefits should be cut; there was no notice or
input from the largest group concerned.
Mrs. Glick reported she is assembling legislative bills of concern to
various committees which would be sent out prior to the next meeting.
She hoped they would be reviewed and commented upon for possible
inclusion in resolutions of recommendation. She reported on the
Special Olympics fundraiser and the Kenai Kaucus meeting in Homer in
support of the Bradley Lake Project. She stated the next meeting of
the Kaucus is January 31 at 1 p.m. in the Assembly Chambers.
Pres. Sewall asked if the Legislative Cmte. could look into the
restriction in Mason's Manual against holding up contracts by giving
notice of reconsideration which he believed had been done.
10 -
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF JANUARY 20 1987
Mr. Johnson referred to a booklet put together by data processing to
enable persons with home computers to contact the borough with
revisions, etc. It is experimental; if it is found to be useful, it
_ may be expanded, if not, deleted. He stated the Burrough Corp.
analysis of software problems has been completed but not yet
received. Next meeting is scheduled for March J.
Mrs. McGahan reported she would be writing a resolution in support of
the student loan program. She reported complaints regarding the
safety of small activity buses and structures being built in
Graycliff Subd, in order to get discounts that are not legitimate
dwellings. She asked an assessor be sent to check and requested an
excused absence from the February 3 meeting.
PresSewall stated in accordance with Ord. 86-100(AM) he would
appoint a committee to study the apportionment question consisting of
Mrs. Glick, Mr. Skogstad, Mr. Moore, Mr. Fandel and chaired by Mrs.
Phillips.
S. INFORMATIONAL MATERIALS AND REPORTS
T. NOTICE OF NEXT MEETING AND ADJOURNMENT
The next regular meeting is scheduled for February 3, 1987 at 7:30
p.m. This meeting was adjourned at 12:30 a.m.
ATTEST:
01
�0-
oughClerk
Date approved
00e
0;innalthan W. Sewall,Ass em y Pres.
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING MINUTES
FEBRUARY 3, 1987; 7:30 P.M.
BOROUGH ADMINISTRATION BUILDING
S OLDOTNA , ALASKA
'
AGENDA
u. CD
r
Page No .
"d
J`
CALL TO ORDER
T B .
PLEDGE OF ALLEGIANCE
1
C .
INVOCATION: Rev. John Heath Nikiski Christian Church
a
D.
ROLL CALL
1
E.
VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F.
APPROVAL OF MINUTES: January 20, 1987
1 Appvd.
G.
COMMITTEE REPORTS
(a) Finance (Crawford, Carey, O'Connell, Nash,
Fandel, Johnson)
1
(b) Lands/Resources (Skogstad, Johnson, McGahan,
Mullen)
1
(c) Legislative/Policies (Glick, Phillips, Carey,
Crawford)
1,
(d) Local Affairs (Moore, Phillips, Fandel, Mullen,
Walli)
1
(e) Public Works/Education (McLane, Skogstad, Walli,
McGahan, Keene)
2
(f) Data Processing (Johnson)
H.
MOTIONS TO RECONSIDER
I.
AGENDA APPROVAL AND CONSENT AGENDA
(a) Res. 87-13 "Opposing Recordation of Trade Name
"Alaskan Seafood Company" by an Arizona Company"
(Mayor, Keene, Crawford, McGahan)
2 Adopted
J.
ORDINANCE HEARINGS
(a) Ord. 87-1 "Altering the Boundaries Ridgeway/Ster-
ling Fire Service Area" (Mayor)
2 Enacted
(b) Ord. 87-2 "Appropriating $100,000 to the East Kenai
Peninsula Road Maintenance Service Area for the.
Construction of Lost Creek Bridge" (Mayor)
3 Enacted
(c) Ord. 87-3 "Accepting a Grant From the State of
as -a-tor On -the -Job Training at North Peninsula
Recreation Service Area" (Mayor)
3 Enacted
(d) Ord. 87-4 "Appropriating $100,000 to the South Kenai
Peninsula- Road Maintenance Service Area for the
Construction of Dorothy Road Bridge" (Mayor)
3 Enacted
K.
INTRODUCTION OF ORDINANCES
(a) Ord. 87_9 "Disposal of Borough Lands to City of
'coo
Solo tna f or Water Reservoir" ( Mayor)
4 St Hrng
L.
CONSIDERATION OF RESOLUTIONS
(a) Res. 87-9 "Approving a Contract With David M.
Grifflt�`and Associates, Ltd, to Prepare a Central
Services Cost Allocation Program for the Kenai
Peninsula Borough" (Mayor)
4 Pstpnd to
3/3/87
Page No.
(b) Res. 87-12 "Approving the Award of a Contract to
San strom & Sons, Inc. for the Construction of Lost
Creek Bridge in the Amount of $102,700" (Mayor) 4 Adopted
(c) Res. 87-14 "A Resolution Approving the Grant of
u is Access Across Borough Approved Lands"(Mayor)5 Pstpnd to
3/3/87
(d) Res. 87-15 "Adoption of the 1987 Assembly Manual"
(Legislative Cmte.) 5 Adopted
(e) Res. 87-16 "Authorizing the Borough to Apply for a
Grant for —Construction and Development of a Human
Resources Center in the North Peninsula Recreation
Service Area" (Johnson) 6 Adopted
M. PENDING LEGISLATION
(This item lists legislation which will be addressed at a later
time as noted; not for action this meeting.)
(a) Ord. 86-85 "Promoting the Furtherance of Local Hire;
Providing Certain Protections for Subcontractors;
Reducing School Construction Costs; and Providing for
a Construction Ombudsman" (Nash) POSTPONED INDEFINITELY
(b) Ord. 86-94 "Establishing Penalties for Violation of
KPB 4.06.040 Prohibition on Use of Public Monies to
Advocate Passage of a Ballot Proposition" (McGahan)
POSTPONED TO 3/17/87
(c) Ord. 86-101 "Amending KPB 21.12 to Prohibit the
Disposal or Storage of Hazardous Waste" (Nash) REF: WDC
POSTPONED TO 2/17/87
(d) Ord. 87-5 "Reclassifying Borough Lands, and Approving
the Option to Lease "Ladd Landing", with Accompanying
Lease, Port Management and Easement Agreements" (Mayor)
HEARING 2-17-87
(e) Ord. 87-7 "Appropriating $25,000 to the Legal Department"
(Mayor) HEARING 2-17-87
N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE
MEETING AGENDA
0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT
CONTAINED IN THE ASSEMBLY'S AGENDA
(a) Duane Anderson; School Budget
(b) Larry Poage; Governor's Budget
P. MAYOR'S REPORT 7
(a) Memo: Construction Activity Report Questions
(b) Personal Property Delinquency Report
(c) Trip to Juneau Regarding Budget
(d) AML Membership Questioned
(e) D.C. Trip for Port of Entry Status
Q. OTHER BUSINESS
R. ASSEMBLY AND MAYOR'S COMMENTS 7
S. INFORMATIONAL MATERIALS AND REPORTS
T. NOTICE OF NEXT MEETING AND ADJOURNMENT (February 17, 1987)
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING MINUTES
FEBRUARY 3, 1987; 7:30 P.M.
BOROUGH ADMINISTRATION BUILDING
SOLDOTNA, ALASKA
A. CALL TO ORDER
The regular meeting of the Assembly was called to order by Pres.
Jonathan Sewall at 7:30 p.m.
B. PLEDGE OF ALLEGIANCE
C. INVOCATION
The invocation was given by Rev. John Heath of the Nikiski Christian
Center.
D. ROLL CALL
PRESENT: Assemblymembers Carey, Crawford, Fandel, Glick, Keene,
Johnson, McLane, Moore, Mullen, Nash, O'Connell, Phillips,
Sewall, Skogstad, Walli; Mayor Thompson, Admn. Asst. Best,
Atty. Boedeker, Finance Director Barton, Borough Clerk
Brindley
EXCUSED: Assemblymember McGahan
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS
F. APPROVAL OF MINUTES
The minutes of the regular meeting of January 20, 1987 were approved
by unanimous consent with a correction to the date of the DP Cmte.
meeting.
G. COMMITTEE REPORTS
1
(a) Finance (Crawford; Carey, O'Connell, Nash,
Fandel, Johnson)
Mr. Crawford reported the committee met and approved for addition to
the agenda Res. 87-16 pertaining to the North Peninsula Recreation
Service Area and discussed a draft purchasing and procedures
ordinance. He stated there would be an ordinance on the next agenda
to appropriate funds for contracting out the writing of the
ordinance as the Legal Dept. does not have the time.
(b) Lands/Resources (Skogstad, Johnson, McGahan, Mullen)
Mr. Skogstad reported the committee met and discussed in addition to
agenda items, the Kenai River Comprehensive Plan requested by
resolution last year to be presented this date to the Assembly.
Since it has not been received, he would write the Planning
Commission a letter requesting a date it could be expected.
(c) Legislative/Policies (Glick, Phillips, Carey, Crawford)
Mrs. Glick reported the committee met and discussed various bills
introduced in the legislature. Their process has been to review
bills, refer to appropriate committees for a decision whether to
support or oppose, followed by drafting of resolutions by their
committee. There was also consideration of a change to a modified
Roberts Rules of Order procedure and a draft copy will be considered
further at their next meeting.
(d) Local Affairs (Moore, Phillips, Fandel, Mullen, Walli)
Mr. Moore reported the committee met with considerable staff support
and recommendations would be made as agenda items come up.
- 1 -
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
(e) Public Works/Education (McLane, Skogstad, Walli,
McGahan, Keene)
Mr. McLane reported all committee discussion was of agenda items.
(f) Data Processing (Johnson)
Mr. Johnson reported there had been no meeting since last report.
H. MOTIONS TO RECONSIDER (none)
I. AGENDA APPROVAL AND CONSENT AGENDA
Pres. Sewall added, per the Finance Cmte. recommendation, Res. 87-16
as Item L(e) and the agenda and consent item was approved by
unanimous consent.
(a) Res. 87-13 "Opposing Recordation of Trade Name "Alaskan
Seafood Company" by an Arizona Company" (Mayor, Keene,
Crawford, McGahan)
J. ORDINANCE HEARINGS
(a) Ord. 87-1"Altering the Boundaries Ridgeway/Sterling
Fire Service Area (Mayor)
ASSEMBLYMEMBER MOORE MOVED THE ENACTMENT OF ORD. 87-1.
Mr. Moor-e reported the Local Affairs Cmte . continued its recommenda-
tion of "do pass", following the attorney's answering of several
questions in committee.
Public hearing was opened.
Rick Abbott, Sterling, spoke as manager of Spenard Builders Supply,
urging support of the ordinance which would allow expansion of the
fire service area to include the business. He stated at present they
do not have fire protection and are willing to pay for that service
following research and discussion with other entities. He explained
a previously installed water sprinkler system had resulted in
additional problems which was a liability rather than solution.
Public hearing was closed.
Mr. O'Connell objected to the ordinance on the basis of the Alaska
Constitution which states service areas should not be created or
expanded if the service required could be provided by a city. He
believed the intention was that government be kept to a minimum.
Mr. Nash requested the opportunity to hear the official position on
this from the Chief.
Allan Phillips, Ridgeway/Sterling Fire Chief, reminded the Assembly
last yearit passed a resolution authorizing the Ridgeway/Sterling
Fire Service Area to enter into a cooperative agreement with the City
of Soldotna in which all the employees of the City fire department
would be transferred to the employ of the Borough. Fire protection
is being provided to the City under that contract which is the first
step toward consolidation of the fire protection service areas. He
stated if that comes about, this property will be contiguous to the
boundaries in that it is presently contiguous to the City of
Soldotna.
Mr. Moore asked if other business properties now requesting to be
annexed to the City, had requested inclusion in the service area -and
Chief Phillips replied they had not.
Pres. Sewall asked if Spenard Builders later decided it was in their
best interest to withdraw would that be a problem. Mr. Boedeker
stated the Assembly had the authority to make that change.
- 2 -
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
K. INTRODUCTION OF ORDINANCES
(a) Ord. 87-9 "Disposal of Borough Lands to City of
Soldotna for Water Reservoir" (Mayor)
ASSEMBLYMEMBER SKOGSTAD MOVED'TO SET ORD 87-9 FOR HEARING ON MARCH 3.
Mr. Skogstad reported the Lands Cmte. recommended the ordinance be
set for hearing but requested answers to some questions in the
interim. He stated their concerns were the location of the 5 acres
being in the center of the quarter section, anticipating future prime
residential property, and whether it would serve the new high school.
Mr. Best replied the reason for the location was the topography; this
is the highest point and can therefore serve in all directions,
including the high school. The availability of water to that land
makes it significantly more valuable which more than offsets the
value of five acres.
Mr. Moore reported the Local Affairs Cmte. urged hearing be set.
Mr. Johnson asked that Section 3 be further elaborated upon at the
hearing, regarding waiving of the special assessment.
Mrs. Walli asked "offered" in the fourth "Whereas" be changed to
"agreed".
In reply to other questions, Mr. Best stated the 5 acres is assessed
at $40,000 and most of the project is expected to be accomplished
with grant funds.
HEARING OF ORD. 87-9 WAS SET BY UNANIMOUS CONSENT.
L. CONSIDERATION OF RESOLUTIONS
(a) Res. 87-9 "Approving a Contract With David M. Griffith
anndAssociates, Ltd. to Prepare a Central Services Cost
Allocation Program for the Kenai Peninsula Borough's
(Mayor)
ASSEMBLYMEMBER CRAWFORD MOVED THE ADOPTION OF RES. 87-9.
Mr. Crawford reported the Finance Cmte. recommended a postponement to
March 3 in order to obtain other proposals. It may be determined it
is not necessary in the interim.
Mr. Moore reported the Local Affairs Cmte. discussed it at length but
was divided as to recommendation and concurred with postponement.
There was no public comment.
ASSEMBLYMEMBER CRAWFORD MOVED TO POSTPONE RES. 87-9 UNTIL MARCH 3 AND
IT WAS APPROVED BY UNANIMOUS CONSENT.
Mr. Nash noted receipt of a letter from the Kenai Chamber of Commerce
which supports their effort in postponing action at this time.
(b) Res. 87-12 "Approving the Award of a Contract to
Sandstrom & Sons, Inc. for the Construction of Lost
Creek Bridge in the Amount of $102,700" (Mayor)
ASSEMBLYMEMBER McLANE MOVED THE ADOPTION OF RES. 87-12 APPROVING A
CONTRACT TO SANDSTROM & SONS, INC. FOR THE CONSTRUCTION -OF LOST CREEK
BRIDGE IN THE AMOUNT OF $1029700.
Mr. McLane reported Public Works and Education Cmte. discussed this
matter with Mr. Conyers and Mr. Hakert of Public Works Dept. He
stated it is imperative construction gets started and although at
this point we do not know the extent of FEMA reimbursement, the price
looks very good, the company is reputable and he urged adoption.
4
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
Pres. Sewall noted the contract was for an 18 foot wide bridge.
RES. 87-12 WAS ADOPTED BY UNANIMOUS CONSENT.
(c) Res. 87-14 "A Resolution Approving the Grant of Public
ccess kcioss Borough Approved Lands" (Mayor)
ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 87-14.
Mr. Skogstad reported the Lands Cmte. discussed and recommended
defeat of the resolution due to concern how far the seismic trail
extended beyond the applicant's property. If the Borough was to
grant an easement to his property, he should be willing to provide
public easement through to other land locked parcels-. Perhaps a
limited use permit for the use of the road would be more appropriate.
Public comment was opened.
Emmitt Trimble, Anchor Point, reported he submitted the application
and talked at length with Mr. Mahorcich, discussing some of the
concerns expressed. He indicated he was willing to reciprocate in
dedicating a right-of-way through his parcel and in the event of
future development, if a better route was designed it could be
vacated. Also discussed was alternate access; this is a historically
used trail for hunters and recreation. Beyond his parcel is Anchor
River bottom not useful for much other than recreation. Since the
seismic trail is cleared, it was preferred over section line access.
He stated he would like to be able to improve the existing trail,
there are three ravines to be crossed and was hesitant to begin
without assurance it would be public access.
Mr. Nash stated theproblem seems to be potentially resolved and if
the Lands Cmte. Chairman had no objections, he would prefer to work
with the existing resolution rather than defeat it. Mr. Skogstad
believed that would be -in order.
ASSEMBLYMEMBER NASH MOVED TO POSTPONE RES. 87-14 UNTIL MARCH 3 AND IT
WAS APPROVED BY UNANIMOUS CONSENT.
Pres. Sewall called a 15 minute recess.
(d) Res. 87-15 "Adoption of the 1987 Assembly Manual"
(Legislative Cmte.)
ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 87-15.
Mrs. Glick reported the Legislative/Policies Cmte. recommended the
adoption of the resolution and the manual with correction of the
committee list and indicated she had some amendments to the manual.
ASSEMBLYMEMBER GLICK MOVED TO AMEND PAGE 7 OF THE ASSEMBLY MANUAL BY
DELETING "Introduction" IN "b" OF 113" AND ADDING INSTEAD "An
emergency hearing" AND MOVING THE CONTENTS OF PARAGRAPH 4 TO FOLLOW
118" AS "a", RENUMBERING FOLLOWING PARAGRAPHS. MOTION APPROVED BY
UNANIMOUS CONSENT.
ASSEMBLYMEMBER GLICK MOVED TO AMEND PAGE 6 BY COMBINING THE WORDING
OF A AND t
1 UNDER VIII LEGISLATIVE ORDINANCE PROCEDURES, TO READ
"1. Ordinance hearings, which require the affirmative vote of at
least 9 members, are normally set for the second meeting following
introduction, approximately one month later. (At least 25 days.)".
Mr. Moore stated in reference to renumbered paragraph 8, it was his
understanding that a resolution could be reintroduced every meeting.
Mr. Boedeker stated an ordinance can be reintroduced at the next
meeting if it fails to be set for hearing; once it's been set for
hearing and defeated, the 60 day restraint applies. Resolutions
defeated would likewise be prohibited for 60 days.
Mr. O'Connell noted an inconsistency in Paragraph 8(a).
- 5 -
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
ASSEMBLYMEMBER GLICK MOVED TO DELETE "introduce and" FROM 8(a) ON
PAGE 7. SHE STATED THE ATTORNEY SUGGESTED OTHER WORDING FOR
PARAGRAPH A UNDER VIII WHICH WOULD THEN READ, "Setting the ordinance
for hearing requires the affirmative. vote of at least 9 members."
PRIOR TO THE NUMBERED PARAGRAPHS. THE AMENDMENTS WERE APPROVED BY
UNANIMOUS' CONSENT AND THE RESOLUTION WAS ADOPTED BY UNANIMOUS
CONSENT.
(e) Res. 87-16 "Authorizing the Borough to Apply for a
Grant or Construction and Development of a Human
Resources Center in the North Peninsula Recreation
Service Area" (Johnson)
ASSEMBLYMEMBER JOHNSON MOVED THE ADOPTION OF RES. 87-16.
Mr. Johnson reported on the advice of the Legal Dept. he would offer
an amendment to clarify what the uses of the grant will be.
ASSEMBLYMEMBER JOHNSON MOVED TO AMEND BY ADDING, "for the purpose of
making enclosed exercise and recreational facilities available to low
income families" AT THE END OF THE FIRST "WHEREAS" AND AT THE END OF
SECTION 1. MOTION APPROVED BY UNANIMOUS CONSENT.
Mr. Johnson reported the block grant program is available to develop
particular resources at the expense of the federal government. It is
necessary to go through the state agencies to apply for approval to
apply for the grant, hence the references to state "support". He
reported Anchorage has taken advantage of this type of grant in the
past. The facility would be a square building, probably two exercise
rooms and a racketball court. The expansion just completed on the
hot water system will provide for the heat unit and maintenance can
be budgeted without additional funding. It is hoped all of the
capital improvement budget can be obtained from elsewhere and the
mill rate can be lowered.
RES. 87-16 WAS ADOPTED AS AMENDED BY UNANIMOUS CONSENT.
M. PENDING LEGISLATION
(This item lists legislation which will -be addressed at a later
time as noted; not for action this meeting.)
(a) Ord. 86-85 (Nash) POSTPONED INDEFINITELY
(b) Ord. 86-94 (McGahan) POSTPONED TO 3/17/87
(c) Ord. 86-101 (Nash) REF: WDC POSTPONED TO 2/17/87
(d) Ord. 87-5 (Mayor) HEARING 2-17-87
(e) Ord. 87-7 (Mayor) HEARING 2-17-87
N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE
MEETING AGENDA
0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT
CONTAINED IN THE ASSEMBLY'S AGENDA
Duane Anderson, Soldotna, addressed the budget process, stating at
the next meetinghe will bring a citizen's proposal to deal with the
budget crisis which has not really been felt yet. He stated he had a
formula to handle the school district's budget problems. In regard
to suggestions one or more of the new schools not be opened, he
believed the best idea to be to relocate the school district central
office in one of the Kenai schools. It is an alternative use for the
Kenai Elementary school which would solve some of the Borough's
problems. He asked the Assembly to consider all possibilities and
have input into the decision.
Larry Poa e, Soldotna, referred to the governor's budget message and
encouraged the Assembly to support the Governor's
y pp efforts, including:
repealing all capital project appropriations other than those having
gone to bid and negotiations with public employees. He disagreed
with cutting school debt reimbursement and major reductions in road
and airport maintenance. It was his philosophy that an administrator
is elected to administer and citizens should support him.
- 6 -
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
P. MAYOR'S REPORT
(a) Memo: Construction Activity Report Questions
Mayor Thompson noted provision of the Construction Activity Report
and noted receipt of the Bear Creek Fire Service Area Report to
Management and the Bear Creek Financial Statements in addition to the
requested personal property tax report. He said the KPB Planning
Commission considered a draft of the Kenai River Comprehensive Plan
at a Jan. 26 worksession and will further consider on February 9th.
He noted while there was no requested sales tax report in January
$1,398 was collected through a bank and will be released to the
borough after proper sequence of notice of levy; an execution of
$7,712, against Charlie's Tackle Town, was begun however the business
has closed and the owner, Charles Garrish, may be difficult to
locate; an execution in the amount of $1,582, Modern Drywall, again
owner Steven Williams may be difficult to find; receipt of $1, 366.88
from Property Investments payment against 1984 taxes.
He advised he, Finance Director Barton, finance officers and bond
counsel met in Juneau the previous week to prepare a presentation to
the Governor on bond debt repayment (first priority), municipal aid
and revenue sharing. He said the Governor's advisory of 70%
reimbursement referred to 70% of the current 80% reimbursement or
56% . He said there was a possibility of changing state law to allow
boroughs to restructure their bond debt.
He advised the question had come up about the borough belonging to
the Alaska Municipal League and paying those dues. He said the last
meeting showed a strong tendency for bush communities to take control
based on one vote for each village no matter what size or population.
He questioned the wisdom of spending $22,500 plus on membership and
resultant traveling costs in this budget year. He suggested looking
into forming a borough league including cities within the boroughs or
perhaps a southcentral - Fairbanks to Kodiak - group. He said it was
the assembly's decision whether to join AML but his recommendation
in this year of tight financing was to not join.
He reported taking a trip to Washington, D.C. with Ron Johnson and
Ron Garzinito try to get the Peninsula designated a customs port,
but found little encouragement. He believed in eventual success, but
only through hard work. They met with the Alaska representatives who
will also be helping in the effort.
Mr. Nash asked for a status report on the appointment of the new
Economic Development Commission. Mayor Thompson reported he was
awaiting recommendations from the cities.
Q. OTHER BUSINESS (none)
R. ASSEMBLY AND MAYOR'S COMMENTS
Mr. Nash appreciated the report on the personal property tax
enforcementprocedure report, having requested it for a year. He
stated in light of the Mayor's forecast on the upcoming mill levy, he
hoped the administration would again consider the necessity of
having full-time directors for emergency management and economic
development personnel in planning.
Mrs. Phillips stated inreference to the personal property tax report
i
that Ketchikan Borough s having the same problem of collection. She
reported receiving calls concerning the sales tax delinquencies
published in light of the expected mill increase. She announced the
Reapportionment Committee would be meeting Tuesday, February 17 at
noon at the Sizzler.
Mr. Keene reported attending the AML Legislative Cmte. in Juneau on
Wednesday and Thursday and felt the two most important issues
considered were debt retirement and the formula funding. According
to legislators, probably a combined bill on formula funding will be
passed and he believed SB45 should have Borough input.
7
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
Mrs. Walli reported also attending sessions in Juneau, and believed
Gov. Cowper and a representative of Dept. of Education should include
the Borough in their travel schedule to discuss formula funding. She
felt until this issue was settled, school budget hearings were
premature. She reported 75% of the school bus transportation funding
was proposed to be cut. Also, the Dept. of Transportation plans to
maintain only the roads that are 95% federally funded and probably
notthe secondary roads. She urged everyone send messages via the
Legislative Affairs office.
Mr. Crawford announced the next South Hospital Task Force meeting
will be February 20 at 7:30 p.m. at the hospital.
Mr. Moore commented he will be bringing a proposal to amend the code
concerning the midnight deadline to allow an item reached by midnight
to be continued to its completion.
Mr. Carey stated a legal memo in response to his question concerning
service areas concludes they can be abolished by Assembly ordinance
and he feltpossibly the Assembly should assume a stronger role when
problems arise. He reported the memo also stated that because of the
voter approved debts and negotiated agreements with service area
employees, dissolution is not a practical option. He planned to
submit an ordinance to place a 1 mill limit on service areas which
would provide for incurred debts but not for expansion. He would
also recommend the delay of opening of the new central junior/high
school as a savings and more consistent with rumors of teacher
layoffs. He hoped this would prompt information that could provide
options.
Mrs. Glick reported the Governor has decided to present his case on
the Peninsula (Kenai) following requests made in Juneau. She stated
he is serious about plans to implement state tax and other proposals
to increase revenue. She reported on her contacts with legislators
while in Juneau, noting they received three different scenarios from
the Governor, Sneaker of the House and the Senate President. One of
the items missing from the Governor's budget is the senior citizens
and disabled veterans' residential exemption reimbursement. At the
last election local voters approved an exemption on top of what the
state allowed; however, this program may be taken away and the
Borough needs to reevaluate the vote taken last October. She
reported the Kenai Caucus met Saturday with presentations from Dr.
Pomeroy, Larry Semmens, Borough Treasurer, and Mr. Brighton, Kenai
City Manager. The next meeting will be February 21 at 1 p.m. in the
Kenai City Council chambers.
Mr. Skogstad commented while the concept of the Kenai Caucus is good,
he could not recall the Assembly authorizing payment of any dues and
had not realized the need would evolve from the formation of the
group. He was concerned over the funding in addition to AML and
lobbying by Assembly members involved in committees.
Mrs. Glick noted the President had appointed her and Mrs. Phillips as
an .alternate to represent the Assembly on the Caucus and at the
outset dues were not considered. After organization, a resolution
was drawn up proposing dues to be paid by local governments, to pay
expenses of mailing, advertising,etc.
The borough has been
providingthe majority of typing, copying and mailing costs. The
figure being considered is 20(,% per capita and is patterned after the
Southeast Conference, made up of the same representation. It was her
intention to bring the matter to the attention of the Assembly,
having a problem with the budget proposed.
Mr. Johnson noted an article in the County News which reports in some
counties, 16-17% of their revenue is federal grant funds, while this
Borough's is below 2%. He suggested a member of the finance
department spend some time looking for grants that could offset
costs. He also suggested changing the sales tax structure to allow
collected taxes to be used to offset federal taxes for the
businesses. He noted the large landowner who has subdivided but not
been able to sell parq-els will be hurt by the increased mill rate.
- 8 -
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
ORD. 87-1 WAS ENACTED BY A VOTE OF 13 YES TO 2 NO AS FOLLOWS:
YES: Nash, Phillips, Keene, Walli, Mullen, Crawford, Moore, Glick,
Sewall, Skogstad, Fandel, McLane and Johnson
NO: Carey, O'Connell
(b) Ord. 87-2 "Appropriating $100,000 to the East Kenai
Peninsula Road Maintenance Service Area for the
Construction of Lost Creek Bridge" (Mayor)
ASSEMBLYMEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 87-2, FINANCE
CMTE. SUBSTITUTE.
Mr. Crawford reported the Finance Cmte. had requested the inclusion
of a statement as to what account the funding was,to come from.
Mr. Moore reported Local Affairs Cmte. requested the background
material provided on the desk, Ord. 86-69, DOT memos and the law
enacting the fund involved.
Mr. McLane reported Public Works Cmte. recommended enactment.
There was no public comment.
Mr. Skogstad asked if there was money left over from the project
would it be transferred to another project and Mr. Best reported
there were two bridges to be rebuilt in the Lost Creek area. The
subject of this ordinance is the lower one, the other one is at the
top, on Timber Lane, still pending a DSR. The way the bids came in
on this bridge, it is possible both could be rebuilt within the
$100,000.. If the DSR is not received, whatever is left over will
have to be transferred back to the grant fund by resolution.
ORD. 87-2 (Finance Cmte. Sbst.) WAS ENACTED BY UNANIMOUS CONSENT.
(c) Ord. 87-3 "Accepting a Grant From the State of Alaska
forOn�tie-Job Training at North Peninsula Recreation
Service Area" (Mayor)
ASSEMBLYMEMBER JOHNSON MOVED THE ENACTMENT OF ORD. 87-3.
Mr. Crawford reported the Finance Cmte. recommended passage of the
ordinance and applauded the aggressive method used to cut their mill
rate.
There was no public comment.
Mr. Johnson reported the new pool manager is well versed in grant
management and utilization of available state and federal funds is
being used to offset costs. He stated the person currently under the
program is part-time, temporary employee, utility/instructor. The
grant will last approximately 6 months, paying half the salary to
upgrade the position.
ORD. 87-3 WAS ENACTED BY UNANIMOUS CONSENT.
(d) Ord. 87-4 "Appropriating $100,000 to the South Kenai
Peninsula Road Maintenance Service Area for the
Construction of Dorothy Road Bridge" (Mayor)
ASSEMBLYMEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 87-4(FINANCE
COMTE. SUBSTITUTE.
Mr. Crawford reported the same changes have been made to this as to
Ord. 87-2 and the Finance Cmte. recommended passage with the change.
Local Affairs and Public Works Cmtes. concurred.
There was no public comment.
ORD. 87-4(CMTE. SBST..) WAS ENACTED BY UNANIMOUS CONSENT.
- 3 -
KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING OF FEBRUARY 3, 1987
Mr. McLane believed lobbying in Juneau to be more important this year
than ever and agreed membership in AML should be evaluated. He felt
the Kenai Caucus had potential value in combining elected officials
with chambers of commerce, representing various interests with good
ideas relating to the state budget and etc.
Mr. Skogstad reminded members that on February 17 at 3 p.m. the Lands
Cmte. would consider the Ladd Landing proposal with representatives
of Diamond Shamrock present to answer questions.
Mr. O'Connell commented on Mr. Moore's proposal to extend the
midnight deadline, stating the purpose of the state's open meetings
act was to insure the public had opportunity to hear and participate.
He questioned whether a meeting that late would be within the spirit
of the law. In regard to budget concerns, the vote on extending the
senior property tax exemption should be reassessed. What it was
estimated to cost in October won't be what it would mean at 10 mills.
He requested information on that projection, asking for a procedure to
request. Pres. Sewall stated it is proper to ask for any information
of the administration through the Chair, and staff has been good with
responses.
Pres. Sewall stated in response to Mr. Poage's comments, he under-
stood, and he hoped input to the legislators would mitigate the
school retirement of debt proposal. In regard to the sales tax
comments, he felt it was criminal for some business people to
embezzle those public funds and delinquencies should be pursued
vigorously. In response to criticism of extending the service area
boundary, he believed in this case the expansion would increase the
tax base sufficient to more than off set the cost.
Pres. Sewall announced an upcoming School Board/Assembly Joint
Worksession on the budget on February 19 at 7:30 p.m.
In response- to a question on a budget worksheet provided by the
Mayor, Mr. Barton reported the Borough's share of the bonded indebt-
edness this year would be approximately $13 million or 4.5 mills if
the Governor's budget is adopted.
S. INFORMATIONAL MATERIALS AND REPORTS
(a) January 20, 1987 Revision/Option to Lease Ladd Landing
T. NOTICE OF NEXT MEETING AND ADJOURNMENT
Pres. Sewall reported the next regular meeting will be February 17,
1987 at 7:30 p.m. This meeting was adjourned at 10:12 p.m.
Date approved
.s-�� zZ
at an W. ewa Assembly resi ent
ATTEST:
oroug er
- 9 -
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REPLY To A00/J
ATTN OF:
U.S. ENVIRONMENTAL PROTECTION AGENCY
Mayor John Williams
210 Fidalgo Avenue
Kenai, AK 99611
Dear Mayor Williams:
REGION X
ALASKA OPERATIONS OFFICE
3200 HOSPITAL DRIVE
SUITE 101
JUNEAU, ALASKA 99801
February 24, 1987
Enclosed is a copy of the final report on the U.S. Environmental
Protection Agency's (EPA) investigation of the Sterling Special Waste Site.
This report covers field investigations conducted by EPA over the past two
years. These investigations included sampling waste liquids and sludges in
the ponds on site, the uppermost aquifer beneath the site, and private
drinking water wells in the vicinity of the site. The analytical results from
these samples revealed a variety of organic and inorganic substances in the
liquids and sludges in the ponds. In addition, some evidence of groundwater
contamination was identified however this contamination could not be directly
linked to substances leaching from the waste site. Traces of several
inorganic elements and one organic compound found in the on -site monitoring
wells were also found in simi 1 ar concentrations in the background well.
Samples taken by EPA from private drinking water wells did not exceed any
primary drinking water standard.
While there is no evidence of any obvious migration of contaminants to the
underlying aquifer, it is possible that leaching or mi grati on may have
occurred in the past or could occur in the future if large volumes of waste
liquids are disposed on site. Should the site be once again placed into
operation, the stainless steel monitoring wells constructed by EPA could be
used to closely monitor the site.
With the issuance of this report, EPA considers its investigation of the
Sterling Special Waste Site completed. If you have any questions regarding
r P g
the final report or E A s position on at this time, please contact rye.
Sincerely,
C"
Steven A. Torok
Air/Waste Coordinator
Enclosure
J t ✓/r /V v% .
1,000
AGENDA IV P-0 _.
WASTE DISPOSAL COMMISSION MEETING
MARCH 18, 1987 7:30 PM
UPSTAIRS COFFEE ROOM
4
1. Convene/Roll Call -�
Approval of Minutes. January 7, 1987 (corrections made
"e)—"
February 4, 1987
3. Agenda - approval and/or changes
4. Public Comments (30 minutes maximum) - anyone wishing to
speak publicly on waste disposal concerns and issues.
5. Public Hearing Items)
6. Guest Speakers:
7, Old Business (Public comments 2 minutes per person each
item)
A• Ordinance 86-101 (substitute) - tabled by the Assembly
pending new regulations.
B. Joint Task Force - Letter of Intent
Co Peninsula Sanitation Proposal
D. Kenai and Soldotna Landfill Permits
E. Gintoli Proposal
8. New Business
A. Discussion - land owner awareness of risk involved in
having Borough owned dumpster on private land.
B. Landua-Sterling Special Waste Site closure.
C. Landua-Small quantity generator program with the
Municipality of Anchorage.
D. Landua-letters lobying for Baler funds.
E • Introduction of item(s) by staff,
F . Item(s) too late for packet
9• Set next meeting date and agenda
10. Commission comments
11. Adjourn
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STRUCTU�
215 FIOALGO, SUITE 204
KENAI, ALASKA 99611
,
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February 24, 1987,,x,3�,�:,.
City of Kenai
210 Fidalgo St.
Kenai, AK99611
y
. . STATEMENT
#8617 KENAI FLOAT PLANE FACILITY
CONTRACT AMOUNT:
$51,700.00
PREVIOUSLY RECEIVED:
24
Y .84
Professional Services
2 1 /9/86 through 2/24/87
_
PRINCIPAL ENGINEER
67 hrs/75.00
5025.00
CIVIL ENGINEER II
_
61 hrs/60.00
3660.00
ENGINEERING TECHNICIAN
hr/40.00 ,�'
20.00
✓
DRAFTING
74 hrs/40.00
2960.00
BALANCE DUE
$11, 665.00
.
r
#-U# GLuNt,tL ivttL i lNG OF 17
= E] City Mgr. -E] Attorney
�ubiic worksCity Clerk
6
,f lriaace-----1�
riOinal TSubmitted By
Council4K ONo [ Yes Ck----
r
Wm. J. Nelson gC Associates
con
STRUCTUR.
215 FIOALGO, SUITE 204 KENAI, ALASKA 99611
j
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Ir
February 24, 1987 ACA
Y
C7 ,
City of Kenai .�
t 210 Fidalgo St -.�.
Kenai, AK 99611
{ }
4 x
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w; ,r STATEMENT
rY, #8616 KENAI BOATING FACILITY
CONTRACT AMOUNT
$789000.00
-� PREVIOUSLY RECEIVED: 31,345.44
Professional Services 12/10/86 through 2/24/87
PRINCIPAL ENGINEER
47 hrs/75.00
3525.00
CONSTRUCTION INSPECTOR
8 hrs/50.00v 400.00
.;t
DRAFTING
9 hrs/35.00
315.00
BALANCE DUE: 4 240.00
1:tik COUNCIL MEETiNUG OF
i
2i►YE] City Mgt. Attorney
7-4�%ub6c Works ------- t•
Op E] City Cterlk
ftance �--o "' 0"'
riginai 7 Submitted B
�ouncii OK MNo Yea --- �yCkw.-w.M%.
30 s, ySooD, k�o yil-
PA Y ESTIMATE
CITI OF KEAI
Project KENAI MUNICIPAL AIRPORT MAIN
APRON EXTENSION & WILLOW STREET EXTENSION
Contractor Kodiak Contractors, Inc.
Address p_ n Rimy 10gA
Bellevue, WA 98009
Phone (206) 827-2955
f6
(Fiiial)
i
Project No.
kr
Period From 10/6/$f,4( to 10/27/86
ANALYSIS OF ADJUSTED CONTRACT AIMOUNT TO DATE
1 Original contract amount $I 64g gga,pp
2 Net change by change orders -105075.98
Adjusted contract amount to date 1 659.959.98
ANALYSIS OF WORK COM&PLETED 51
Original contract work completed
Additions fro., change orders completed
�i'•I:terials stored at close of period
Total earned = S + 06=
Less retainage of _� percent
i
$lq495q363,24
-o-
. 1 3 521, 9.63•. 71
-4-
Total
earned less retainage - =
1,521,963.71
Less
amount of prel-ious paN"ments
1 4T6 712 95
Balance Clue this payment
Coll tracto
75250.76--MMMMMMM� 51A ft -- M. ... I
�
< 17, vV lo >
90 11,00,
FOR COUNCIL I'MEE 1 ING Or -?7
Kodiak Contractors, Inc. --Lj City Mgr. ""'—L� Attorney
%Public WorksCity CZerlt
i Ne T a u r i a i n e n, P.E. OrMlIai T A/ �ubrnitted 8- A
Y
C"111611 QK QNo Cif-
+i
-3 ~�PROJECT COMPLETED
CONTRACTOR'S AFFIDAVIT OF
PAYMENT OF DEBTS AND CLAIMS
To: City of Kenai
210 F idalgo Street
Kenai, Alaska 99611
Project: KENAI MUNICIPAL AIRPORT MAIN APRON EXTENSION
AND WILLOW STREET EXTENSION
Contract Date: ; �A�s
The undersigned, pursuant to the Contract Documents for
Construction, hereby certifies that, except as listed below� he
has paid in full or has otherwise satisfied all obligationsfor
furnished, for all work, labor, and
all materials and equipment fu
.
services performed, and for all indebtedness and claims against
the Contractor for damages arising in any manner in connection
with the performance of the project referenced above for which
the City of Kenai or his property might in any way be held
responsible. The City of Kenai can request the Contractor to
submit Separate Releases or Waivers of -Liens frc'm Subcontractors
and material and equipment suppliers.
EXCEPTIONS: (If none, write "None". If required b qy the
e City of
Kenai, the Contractor shall furnish bond satisfactory to the City
of Kenai for each exception or in the alternative, the City of
�
Kenai may withhold final payment.
`J �� �,,�, "j a� ✓ r S�� f'yt %'1a +mot t/�t /• �,-,Cn Ge ��/ . c �t �� v� %-�
�1a -/A v'a le- w CONTRACTOR :
C,
Signature
STATE OF ALASKA )
)ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of
19 �� Name:
l, -eai. /cr Title: 17- 7
of `� C_�- .-�•� %fps T � being persona11 y known to me or
having produced satisfac ory evidence of identification appeared
before me and acknowledged the voluntary and a execution
9 y authorized execution
of the foregoing instrument on behalf of said corporation,
Y
Notary Public for A1.askar
} My Commission'
ommis.sion E x i re•s :
U-1
' f
1.
o f 11
PAY ES
KENAI MUNICIPF.L
TIMATE N 0 6(Fina1>
NIP.PORT MAI1 APRON
EYTENSION
AND
WILLOW
STREET EYTENSION
CERTIFICATION OF CONTRACTOR
According to the best of my knowledge and belief, I certiiv that all items and amounts shown on the face of this
for Partial Payment are docrect; that all work has been performed and;•or materiai supplied in full accordance w Periodic Estimate
of the referenced Crontract, and/or duly authorized deviations, substitutions, alterations, and/or addition • with the requirements
true and correct statement of the contract account up to and including the last day of the period covered by this tPeriodic Estimahe foregoing is c -
chat no part of the "Balance Due This Payment" has been received, and chat the undersigned and his subcontractors ' e'
llnn'irzble titte) have -(Check
a• , Compiled with all the labor provisions of said contract.
b• ComD►ied n ith all the labor provisions of said contract except in those instances where an honest dispute exists wit
-
spect to said labor provisions. is s th re
P (If (b) is checked, describe hriefly nature of dispute.
Kodiak Contrrors, Inc.
- %, TA AjIo . I93-
B
0
(Signature ai Authorized Represe ative )
CERTIFICATION OF ARCHITECT OR ENGINEER
I certify that I have checked and verified the above and foregoing Periodic Estimate for Partial Payment; that c
knoaiedze and belief it is a true and correct statement of work performed and/or material supplied ;i o the best of my
work and. or material included in this Periodic Estimate has been inspected b • me and.'or ' any
ea by the contractor; that all
at
assistants and that it has been performed and/or suppiied in full accordance with requiremencs'utiche referenceuty d representative or
that t arttai payment claimed and requested by the contractor is correctly computed on the basis of work performed
and
rial supplted to 'e. p formed ana;•or mare -
Si
gned � �""
Date---.Z/ e57
PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER
Check type of pavment certified:
<_n'spectioni
ire checked this estimate aizaitisr the contractor's Schedule of Arrourits for Contract Pavnne t of cap► project, and cite periu,iic retorts suomtctc,: ���• n s, the notes and cet�orts of m�•
r.
work t errermed and ��r msceri,il, �unplied is .icrurar�•, •hoc t:'ie �ontrac: orliscubser inn e the'.eis my opinion that the statement of
that :ne contractor shoul.i ;,C ,aid the amount requested above. LZ v,uircments of tn< contract, and
ccrtitt• ;hat ail «•urk rind 'or , ...h .
•natc:rial` un,.c. e cont:.:Cc has ��crn tntipe�ted b�• me .lct,l "-at it has been performed and. -'or suo-
:tr n cull zcc r.isnCc� �,ti"n "e require nu: .�t t::;: contract.
Mike Taurialnen c, Fpn�treeer, 7
,Date )
O/ (Contracttng Ufficr.-►
,Date)
"aY A T E N 0 6 (Final,
Pain Of 11
�s
r
P, o ec ` Ke.n..ai. Munici'^al Main r_r,
ron Extension
a n r; W i I 1 e-, w C t ,�- o o r �� i- o n n •-�
Ori ;final
Contract Amours
Total to Da -e
I t V
1
Quantity
No.
Item Description
and
Unit Bid
To t-i
DASIC BID SCHEDULE
Unit
Price
Unit Cost
Quantity
Amount ;
20.02
C+earincr and Grubbing
1-24.6
ac
1 000.0
24 600.0
24.6
24 600.00
20,04 1
-s Excavation
2
1 6 0 0. 0
2423
4 846.00 /
d T vn p +- '
T ne III Classified Fir
102 8 0 0 0
69876
139 752.00
20.05(l
and Backfill
46,120
cy
3.00138,360.0
6 4 8
3 6
''
131z-598.00
0.06
IL&x.7eliing Course
21,548
I
120'00258
576.0
20168
242 016.00
Trench Excavation and
20. 07 (1
Backfill 0-8' de-oth zone
875
LF
17.00
14 873.0
1482
25
00Trencn
r Excavation and
5194,
0.07(2
Backfill 0-10'de-oth zone
950
LF
18.00
17 100.0
•
250
4 500.00 i
Trench Excavation and
20.
- 1-2 rl420
LF
1 0
7 98 E.J. 00
696
13,224.00
20.07(41
Trench Excavation and
r
Ra k-Fi -1 d �
1 �
_0__
✓1
20.1 8
_
Remove existing curb
;
r , 1+-ter
J
50
LF
3.001
150.001
50
150.00
20.19
Remove exist. pavement
1,044
SY
1.00
1 044.00
1 044
50
1044.00 f
1500.00 ,/
30.02 IPCC Curb and Gutter 50 LF 30.001 1, 5 0 0. 0 0
10.02
A.C. Pavement (Class C)
10,552
Ton
33. 00
48, 216. 00
9549,76
315142.08 ✓
10.05
Asphalt for .Prime Coat
56. 9
Ton
200.00
11 380.00
,
✓i
10/ -06•-- --ha 1 L _or Tack Coat
24.2
Ton{
150.00
3
'
CMP round_ i
i0. 42 (1
'F
care. stool 16 ga. culv.1
164
LF
31. 00
_
5,084
164
5084.00 ./
& I 30" CMP round galvi
i Q n?
Q r +
905
T
36.00
7 380.00
198
7128.00 ✓'1
F & 14" DIP CL 50 San.
0 0 7d
-
CA>,T r F r-
-
4
14. 0 0•--
5 7 ldn. 0 0
410
5740,00
IF
��
& I 8 DIP CL 50
�.
=T' � �• r
875
LF
16.001
14, 000.00
A75
..,.:u., .. LUCL11110le -rype A+
S0.04(1
0- Standard Denth 4
ea
a
1 6 0 0. 0 0
6, 4 0 0. 0 0
4
1 6400.00
Ad itionai depth to
5 0. 0 2 *•T , :. ,, a 7->•D e A
�..... .
--_.:
15 0
L F
10 0 0 0
+� ,
1 , 0
J�
14.6
1460 00
✓`
C; nnec t to Existing 1
--_
50. 0?
-I A- ��_ .
I 1+- - I Se�.�e .-anhole 1
Jrop �.onnect_on
to
1 000 . oo.
1 , oo^ . oo
i
1 000.,E
50. 08
1 'T''_•'`' A, Stan. Detail #2 2 ` 1
ea
; 500.00001
50 00
.f
_
50.
1
bewer IC(2
.
500.00
�a
5��0.l
pn
, - ��
18
9
-:- Ah i page - l , (�
i
1 ,
�
-15 . 0 0
953, 878.08
E S T A T E N 0
. 6 (Final
pa4.,e 11
_ 4 of
Project Kenai Mur.icioa? Air^ort "fain F.oron Extension
Oriryinsl
Contras-
Amoun L.
Total
to Date
Ttem
Quantit y�
No.
Item Description
and
Unit Bia
Total
BAS' BID SCHEDULE
Unit
925 CY
Price
7. 00
Fnit Cost
61 475, 00
Quantity
850
Amount
i0. 16 Construct special ditch
5950.00
„
F & I 8 DIP CL-
-
17552.00 zi
i0.02 150 watermain
1097 LF
16.00
17,552.00
1097
land
F & 18" Gate Valve, Box
i0.03
Marker
1 ea
350.00
35G.00
2
700.00 /
F & I Fire Hyd. Assembly
i 44 1
Sinale oumuer)
3 ea
1, 100 . 00
,
3, 300.00
3
3300.00 10,011
F & I Hydrant Extensions
10-. a (21-
4.5 LF
200.00
900.00
_a
-a--
IF
& I Wa ter Service.
_
- -
C�
Line 2"
18 ea
_
500.00
.
9,000.00
1 18
9000.00
Connec-t- to Existing
-
10-06
r,T Lam'" M
1 ea
1,000.001
1, 000. 00
1
1 � 000.00
1Ad`-;:us-"1-
Manhole Cone _
1 ea
800 LF
300.001
2. 00
300.00
1, 600. 00
-0-
760
/
'0. 14 Reset Fence
1520.00
Clain Link, Fence, 7' hig
' i 1
� .♦ Su��s�rarc,sBarb.wir
100 LF
.. 20.00
2 000.00
�
110
2200.00
._
'.0. 15 (2
Gate db. drive, 28 feet
1 ea
1,750.00
1,757.00
'
1
1750. 00
'
'0.15(3 Gate db. drive, 16 feet 1 ea 1,000.00 1,000.00
Too Soil salvaged from
'0. 19 `
. 1
1000.00
-
zT,� r _ _
163MSF,
_ - _142.2
25. 00
41 075.00
3555.00 i
'0.20
Seeding
163MSF
50.00
8,150.00
465.E
23280.00
'0.23 Pipe Insulation 2" thicki
10,200 BF
.501
5,100.00
10340
5170.00
0.�5
_razc M a r k i n a s
All
LS
15,00U.00
ALL 115000.00
(Unsuitable
Mat+'l Disp. I
0. 26 ( 11ter,,... R rr^ , • } 1
,
*
2. 00.
50 4C,� . 00
4 263
0180526.00'
.. r
Unsuitaole �iat_ 1 Dlsp
�
0.26(21
from Borrow to Site B
15,800 CY
3. 00} 47 4Cv . 00
-0-
-0- i
t
0 . 27
�
slater for Dust Control ,
300 MGJ
.
10. 00
31000.001
300
�
Sur -Face restoration for
3000.00
0 I
•'8 Barrow Sites I
13. 1 AC'
!
300. 00
3. 93 _ nn�r.
Incn
& r ��� ct Sewage Pump
0, 2 4
.
S �� t _r;�
1 eal
L S
15 , O G 0. O O
f
1.0
115
'000.00 '
7 t, . 3 0
tit • - : -, -.
•e o i_� .� t -4 on
All
L S
.. .� .,
i 1,/ 13 . 0 0
ALL
171713*00
•
70.31
Rio Ram
-
30 CY;
50. 00
1 �^
, 5 � J. 0 0
30
1500.00 i
�c-n
50.00
1 , 6� ' .001
31.75
1587.50
♦L`...:
1•,` 1 rr rr l T.Ili i ` P .1�p I\
i
PA Y
E S T A T E
N 0 6 (Final P U - of 11
Project Kenai 'dun +^_ y tip: i Air '^ort 'ma in h.D
�r � �,7i1 � J.� c + � ron Extension
Streot �Xtensi n
Original Contrac Amount Total
to Date
Ttem Quant-;,.ty
No • Item Description anti Unit Bid
BA Iid To t�.i
SIC BID SCHEDULE Unit Price Unit Cost Quantity Amount
70.33
70.34
16000(1
lConstruct Infil. Device
Adjust Curb Stop to
Finish Grade
F & I Cable, L824, 1/C
No. 8 Inst. in Conduit
F & I Underground
2
1
4,140
ea 1,000.00
ea 100.00
LF 1.00
2f000.00
100.00
4,140.00
2
2000.00
,
_ 0-
1803
--0-
1 803.00
112
1, 344.00
16000(2
16000 (3
Conduit 4"/One Wav
F & I Underground
d" /7 o u r Wa
F & I Underground
110
1 670
LF 12.00
LF 20. 00
1 f 320. 00
33 400 .0 0
1670
33 400.00 /'00'
, 1.
1231
8,617.00
LEIConduit 2"/One Way 1,150 LF 7.00 8,OSi;.00
16000(5
F&I Taxiway Light Fixt.
Saivage & Reinstal1-
15
ea 300.00
4,800.001
--
15
4 500.00
I S
1 000 - ,, �
16000 (6 Taxiwav Liar' t Fixtures 5 ea 200.00 1, 000.00
1
16000(7
F&I Electrical Vaults
7
ea
2,200.00
15,400.00
7
15 400.00 /000f
16 0 0 0 (8 F & I Grounding System-
jF&I-Type-1, L-857
All
LS
2,200. 00
AIL
2 200.00
19
53700,00 00.00
16000(9
Light Bases
F & I Underground 24 Cond .
19
-
ea
300,001
5r700.001
000 1
) No. 22 Commun. Cable
1310
LF
3.00
3,930.00
_ 0-
-�-
f
O r Th 1 ` P:�
i
PA Y E S T 1 f4 A T E
6 (Final) D „C,
of 11
Pro i ect Kenai '�ur.ici^<a?
it nor -
'��in 'A ,-
..on Extension
n d rV 1 1 ^i a f7
� {- y- !� C� r =' • JJ +-r-
Origin3i
C0r.t:-ac : :amount
Total to Date
Item Quantity
No. r'
Item Desc � 1pt�.on and Unit Bid
Total
ADDIMTVE ALT. NO, 1 Unit
Price
Unit Cost
Quantity Amount
J20.02 Clearing and Grubbing
1.8 AC
1
1,000.00
1,800.001
1 8 1
20.04(2 Unusable Excavation
Type III Classified Fill
20. 05 { 1 -nr'. 1 1
W
4Q,,,`0 2
40.05
40.06
50 2 ( 2
courscm-
Trench excavation and
backf ill 0-10' depth zon
;50,02 (5Lcan;
Construct Manhoie Type A
50. 04 (1 n-R t ,ae%r&.i,
5 0. 0 4 (2 ] Mar ho le Tvne A
60.02
60.05
70.19
70. 20
IF & 18" DIP CL50
v Cl
iF & I Water Service
ne
!-Re s e t Fence j
i Top Soil (Salvaged from
f •
Excavat? on
i
�Seedina
5,915 CY
6,129 CY
773 CY(
lOMSF!
2.00 11, 830.00
4.00 24,516.00
12.00 9 276.00
10.00 5,000.001
1
16.001 4r000.001
cnn nnj n
50.001 SOO.00I
6047
5463
10VV.W 1
12094.00
21852.00
14496.00
soo _ I s000.00 VI
475.01 15675.33
23.2
500,00
580000 ✓�
11 An nn J",
0 • � 5 Traffic Markincts
i Al l
L S
500.001
i Unsuitable Mat' rl Disp.
500.00
70. 26 ( 21 fr^m Sorrow to Site B
5 900 vj
C♦
3.001
17,
700. 001
_
70 , l
Water for Dust Control
I 10 MGj
10.001
100. 001
Sur face Restoration of
70. 28 ! Borrow Sites
0. 75 AC'
10
100100
300.001��
� 00!
.75
225,00
T o 1 o u
.�:"� t =;� r T� i ` �'1 P
R
n_ _✓
I $10 ^ . _ ` u . 0 0
`` --ta
I -: l
96.97R
_ 13 A ,
FAY 1:STM� JA T E N O 6 (Final) pa;e 7 of- 11
Pro J yct Kenai Mun.ici al Air ors- Main Apron Extension nsion
�llld l l.&.0 N J L... ee r xzens- Jn
Ori ain31 Contract Amount
Total to Date
1te'M
No.
Ite.. Desc,& iption
Quanti-ty
and
Unit Bid
Total
ADDITIVE ALT. NO. 2
Unit
Price
Unit Cost
Quantity
Amount
20.02
Clearing and Grubbing
1. 8
AC
1, 000. 00
1 800 . 0 0
1.8
1800.00
2,00
14, 070. 00
7770
15540.00
20.04(2 Unusable Excavation
7,035 CY
Type III Classified Fi
5787
23148.00
20. 05 (1 and Backfill
6 , 615 CY
4.00126f460.00,
20.06
Leveling Course
773
CY
12.00
9,276.00
1208
14496,00
20.07(2
Trench excavation and
back f`? 1 0_ 10 � depth
500
LF
10.00
,
5r000.001
500
5000.00
A.C. Pavement Class C
354Ton
33.00
11,682.00
475.01
15675.33
10.05
Asphalt for Prime Coat
2.9Ton
200.00
580.00
-0-
s---
4026. +�
L/
10.06 Asphalt for Tack Coat
F & I 241, CMP round ga lv .
i0. 02 (2 Istee-1-12 ga. culvert
F &I 8" DIP CL50
io . 02 (5 1 Sanitary Sewer
i 0. 0 4 (1 Construct Manhole Type A
10-81 standard death
Additional depth to -
10. 04 (2 M 1 T ve A
1.3Ton
130
265
l
-
3.5
150.00
LF 33.00
LF • 16. 00
e a 1, 6 0 0. 0 0
LF 100. 00
195.00
4f290.001
4 240.00
,
1, 600. 001
350.00
122
265
4240.00 %/1
1
11
3.2
1600, 00
320. 00
✓�
►0.06
0. 12 1
Construct Special Catch
Basin
Sanitary Sewer Service
Connect 6
1
6
ea
ea
800.001
500.00
800. 00
3, 000. 00
800.00
1
6
3000 00 if
IF & I 8 DIP CL 50
0.02( W
1) Watermain
. F & I Fire Hydrant
0.04(1 A ssembly (single pumper)
0,04(2 F& I Hydrant Extensions
y nsions 1
I
0.05 IF&I Water Service Line ��
2
265
1
1.5
6
LF
ea
FT
ea
1 6, o 0
1,100.00
200.00
500. 00�
4, 240 O .6o 0,1
1,loo.00
300.00
3, 000. 00
265
1
1.5
6
4240,00
1100.00
300.00
3�000.00
,
/1!
0.14 lReset- Fence
250
LF
2.00
50
iup :)ui L t Jdivaae rrom i
i0.19 Excavation)
1OMSF!
25.001 250.00I 11._9 1 RSS m
70. 20
I Seedina
10MSF1
50.001
500.00-1
34.2
1710.00�
•'0. 25
!Traffic markings �
A 11
L S
,�,
5 0�. 0 0
ALL
500. CJO"
0. 26 (2
Unsuitable Mat'-1 DisD_ .
r 1
from Boryow to Site B
6,350 CYO
3.00
19,050.00
'
0 • ? i
iWater for Dust C'ontro1 I
10 MG.
10. 0 0
10 . 0 0
I
-- _
10
1
ot3 .a�;ou0t. ier Ta:is nas112, 383. 00
ESTIMATE
6 Fina1) Page _q o: 11
Pro j ect
.
Kenai Munlci^al
any ��1i , OW
Airport
S treet
Main Aoron
-.xtens on .
Extension erasion
Original
Contract .mount
Total to Date
Item
Quantity
No.
Item Descr;.ption
and Unit Bid
Total
ADDITIVE ALT. NO, 2
Unit
Price
Unit Cost
Quantity Amount �
Sur]face Restoration of
7 -�
Borrow Sites
0.75 A4
300.00
225.00
0, 75 225,00
r
i
a
� I
I
i
1.�..•.. �.♦�s Pacve ��. , 00 225.00
• Y
• % ` .
l�
E S T M A 4 E NOS 6(Final)
I 1
. age 9 of 11
s
Project Kenai Municipal Airport Main Apron Extension
and willow Street Extension
SCHEDULE OF CONTR:,; T CHANGE ORDERS (C. 0. )
i.i�c•:�• c c•r�r,�n�c• ��r.:�•r I.•u�•� to .1.1tc.• tit t111ti rc:yuc•.t even it nu %..,ri:
has ^ccn t:.•nc• un.:cr cone or more' `u.•n orvl•r.s.
-
AO�ITI3NS T7 CRIGINAL
.
CCN TRAC • PRICE
CECUCTIONS
c a O �A
C.^PJ TRACT PRICE
AS SHO+,&4
C`J CHA'41--,E
0R0EQS
(c)
C "N T R A :T
CHANGE 0DZER
DESCRIPTION
.
TOTAL COST OF
ITEMS ADDED jY
CHANGc^ORDER
(a)
=CS_T CF' CHANGE
C^CER ITEMS
COMPLETED
`TO -AITE
`bl
NO. .s T E
1 6/26
F & 11/C#8
2, 388.
1, 200.
F & I 50 Pr. Conductor
10 752.50•.� 9 974.75
(15200.00)
6 700.00 6 , 700.00
Ummuable Exc .
Install -City furnished s i=s
-7/22
Force Account Work
25923,03
2 923.03
Asubalt Prime Coat
125520,
3 .9/9-7
AC,-Dayement 185 P $33
64105,00 '�
6 105.00
Remobilization
1 210.00
15210.00
Motor Grader 8 hrs. @ 65 x 1.15
598.00"'."
299.00
Dum Truck 6 hrs @ 65 x 1.15
448.50
74.75
Loader 6 hrs @ 65 x 1.15
448.50
74.75
3 hrs-@ $35 x 1.15
120.75
'
40,25
222.9 6
218.16
nnp-r—.q-tn-r 17 hrs--(@ $30.97 x 1.2 A.631.72
Driver 6 hrs @ 30.30 x 1,12
218.16
4 16/ 2 8Provide
relays for LS Electronic
1398.00
1398000
Monitoring
SUB TOTALS
31554.16
�-
� 8,040.65
20,038.00
Cost of Chang
(a)e Orders (C.O.)
Deductions from--C-ontract
(c)
Approved Total
Net C?lame From C.O. - D
C11,111('re Orde1'`' that roduce the contract Column
,.„ . _ _ (C) , should reduce the
o .L 'o Dat` �.o Iti,�:n for that item at_ :ectod.
y
a S ' r N
I I r� � ! r :
6 F �
( inal) P _ 10 of 11
Project Kenai -Municipal
anti
Airport Main Apron 'Extension
xtcnsion
Willow Street Extension
. SCHEDULEZ"
OF CONTRAT CHANGE ORDERS
l.t�: •c (C . 0 • ,
.• �r.t.M,:v �r..t•r �.•��,i to J.1tc. of tilt` r�yuc•.t vven it. no
ha% ~cCn tionc• un.:cr one or more �_u n vrdcrs.
CONTRACT
CH ANGc 04DER
DESCRIPTION
No. :ATC
119861
5 10/27 Repair of Damaged uncharted U.G.
ADDITION
%%,%rk 5 T O C'RIGINAL
CON TRACT PRICE
•
TOT:.L COST OF --CST CHAt4GE
ITEMS ADDED SY C"CER ITEMS
CHANGE ORDER. `OMPLETED
(a) rIATE
CECUCT10Ns
cAOM
`.CNTRACT POKE
AS SH0664
CU CHAti ;E
ORC:P-S
(c)
utility cable
5
10/27 Relocation of control cable
1345.13 1345.13
5
10/27 Excavation around existing U.G.
electrical service
9624,11 962.11
5
10/27 Relocation of uncharted U.G.
telephone cable
5014.23 5014.23
5
10/27
Grade change on taxiway C-1
4027.43
L 4027.43
5
10/27
40.02 A.C. Pavement(Class C
14 642. 6
5(141642-56)
(1,440.18
Total This Lage
(1 440.18
28 040.65
20 038.00
SUBTGrAL Page 9
31 554.16 1
TOTALS
-
30,113.98
26 60047 1,
20,3038,00
Approved Total
Cost of Change Orders (C.O.)
(a) .304113098
Deduct ions from-C-ontract
(c. 20,038.00 ,,
Not Chan ue From C.O.
- ? 10,075. 98
C Ah,,in
�o to
iv )rde r s.. that reduce the contract
1 _ ,
`o Column for that item attected.
Column - n
(�) , s..oulci reduce
the
► V
i
PA
Y E S T I rE N 0
(Final) i �l n C. 11 of 11
Project Kenai Municipal Airport Mai..- Apron Extension
and Wi i low Street Extension
SCHEDULE OF IL�ZTERI:lLS STORED AT CLOSE OF TH: PEFtInD
(Attach a detailed schedule including quantities for each item)
attacT:J
ment
B
Item iinvoice
No. No.
I
I
Invoice
Date
Material Description
(Vendor,, Freight, etc.) Amount
� I
C
i
I
I
�
I
�
I
j
I
I
I
I
OTAL l;
Retests of materials in constant use may be required periodically, by the Owner. Required
retesting shall be accomplished at the expense of the Contractor when materials have
previously been tested and have not met the requirements of the specifications.
Article 5.4 Cooperation with Other Contractors
The Contractor shall conduct his operations so as to interfere as little as possible with those
of other contractors or subcontractors on or near the work. It is expressly understood that
the Owner has the right and may award other contracts in connection with the work so long
as it does not interfere with the work under this contract, as determined by the Owner.
Article 5.5 Contractor to Have Representative on Work
The Contractor shall have designated in writing a competent representative, capable of
completing the work who shall have authority to receive instructions from the Engineer or his
authorized representative. The designated representative shall have full authority to execute
the orders or directions of the Engineer without delay and to supply promptly such materials,
tools, plant, equipment, and labor as may be required, regardless of whether or not the work
is to be performed by the Contractor's own forces or those of a subcontractor. The fact that
an approved subcontractor is performing any portion of the work shall not relieve the
Contractor of this requirement. The Owner has the authority to require the Contractor to
designate in writing the chain of command at the pre -construction conference.
Article 5.6 Certified Payrolls
All contractors who perform work on a public construction contract shall file with the Alaska
Department of Labor, 710 McKayBuilding, 338 Denali Street Labor Law Compliance-
9� Div-
ision, a certified payroll on Friday of each week that covers the preceding week.
Article 5.7 Notice to Contractors
Any written notice to the Contractor which may be required by law or by the provisions of the
specifications may be served on said Contractor or his representative, either personally or by
mailing to the address given in the contract.
Article 5.8 Notice by Contractors
Wherever in the specifications the Contractor is required to notify the Engineer concerning
the work, or concerning any complaint which he may have to make, or for any reason, it shall
be understood that such notification is to be made in writing, delivered to the Engineer or his
representative in person, or mailed to the office of the Engineer at the address given in the
official "Notice to Proceed".
Article 5.9 Reference Stakes — Surveying
Necessary stakes for completion of the work will be placed initially by the Engineer to show
the location and grade of each part of the work. Detail of stakes to be placed will be given
under the Technical Specifications or Special Conditions section for each type of construc-
tion. The Contractor shall give the Engineer forty-eight (48) hours notice (not including
Sundays and holidays) for surveying required and the Engineer will commence surveying
within that time. The Contractor shall privide reasonable and necessary opportunities and
facilities for the engineer to set points and make measurements. It shall be the Contractor's
17 80
7 � '
BOX 937 SOLOOTNA. ALASKA 99669 CONSULTING ENGINEERS (907) 262- 4624
Mike iguri
e
I q?c
January 16, .� 98T _ _.
Jack LaShot
City Engineer
210 Fi dal go Street •� ,E'
Kenai, Alaska 99611�,�;a'�
Subject: MM Final Paving Q ua-nt i. ti es, } Testing Results and
Non-conf orming Asphalt Pavement.
Jack:
We have completed the final retesting of the asphalt for the subject
project Attached are the final testing results.
Also Attached is a summary of the work noting the number of tons of
asphalt delivered to the project each day. These figures were
determ it e d by balancing the scale tickets collected by the inspector
on the job site against the scale sheet as recorded by the
scaleperson. As you can see on the summary sheet,the actual tonage
used to complete the project has underrun the plan quantity by 612.4
tons.
A total of sixteen days were required to complete the paving on the
project. Based on initial test results, the asphalt del ivere d on
seven of the sixteen days was determined to be non -conforming.
Subsequent retests verified that four of the seven days paving does
not meet the project specif icaticns.
As you are aware, the Standard Specifications do not provide a method
for acceptance of non-conf orming asphalt pavement except to remove and
replace the product at the Contractors expense (Section 10.05, Article
5.19) . It is our opinion that the finished product, even though it is
non-conf o rmin g, will reasonably perform the intended purpose and sho ul d
be left in place. This material however cannot be paid for at the
contract pri ce.
We recommend that the price adjustment method described in the State
of Alaska Standard Specifications for Highway Construction (Section
4 01, Ar ti cl a 4.02) be used for the purpose of providing a cont r act
price adj ustment f or the non-conf orming asphalt pavement. This method
provides a trait price adj ustment when deviation from the specification
occurs in the asphalt samples representing a lot. In our case, a lot
is considered the total tona ge of each days work. Each lot is
evaluated individually for acceptance based on the conformance with
the specif icati on.
Fbr each lot that initial testing revealed non-conf orming material, a
set of three cores were obtained from the inplace pavement and
combined to form one retest sam pl a These retests were used to
confirm initial test results.
In accordance with the Contract Documents (Section 10.05, Article
5.3) , the Contractor is responsible for retesting costs. In all, 21
cores were obtained for retesting requiring two separate trips f rom
our lab to the project. We recommend that the following costs be back
charged to the contractor by the City:
21 Cores @ $30 ea. $630
2 Mobilization @ $60 ea. 120
7 Asphalt Extractions @ $140 ea. 980
Total hno unt $1, 730
Of the seven retest samples obtained to check initial testing results,
four were verified to be non-conf orming� The four lots in question
represent the material supplied on September 7 , 11, 12 and 25 , 1985.
We have made the necessary calculations (see attached calculation
sheets) using the formula in the State Standard Specifications and
conclude that the total price reduction that should be assessed to
this item of the contract is $146 42.56.
�c We have inf ormed the Contractor of failing tests and have sent
information that summarizes the testing results and the proposed
deduct amounts. We will organize this i of o rma ti on into change order
f orm and submit it f or approval in the near f ut ure.
Attached is a copy of a letter sent to the Contractor that itemizes
the unit price reductions recommended for each lot (day) .
If you have any questions re gar ding this subject or require any
further information, please feel free to call anytime.
Si rely,
G
Livid Johnson
Project Engineer
9 a/ atta chment s
MAE Paving S urinary
Wlw
8/30
496.5
8/31
291.8
9/ 04
761.8
9/05
1130.E
9/06
709.4
9/ 07
3 40.8
9/10
827.8
9/11
800.0
9/12
773.E
9/18
269.5
9/21
870.7
9/23
1076.9
9/ 24
80 5.0
9/25
10 81.8
10/ 09
203.2
MTAL 16 Days 10 831.6
Plan Tonage 11259.0
+ Added by C.O. #3 185.0
Actual Tonage 10831.E
Underrm = 612.4
FA
f ,
80x 937 SOLOOTNA. ALASKA 99669 (90 r) 262-4
rLfieFff'Laii
Materials and Quality Control Testing
BILLING / RESULTS TO:
City of Kenai -
Box 580
Kenai, Alaska 99611
SUMMARY SHEET
Retpgf 16A61 Pat -oat- Af)17
Date: 12/18/85
Project No.= 85043
Project = MAE Testing
Attention:
Architect /Engineer = MTPE
Contractor =
Kodiak Contractors
copys
Page 1
. o
Lab
426L
426L
0
n
Date
12 10 85
12 10 85
.
Sample 123
&Wle456
Willow St'o&ron
Sta 75+OOLT
Sta 33+50
5mcs
- --8th
Paver Pas;
3"
2"
112"
I"
3/4"
100
100
1/2It
a-100
99
98
Z
3/8
83— 93
90
�
f
Z
04
—
69
# Io
52
# 20
0
Cr w
a
#40
31
29
#
16
1
#200
9.6
.02 mm
.05 mm
.002 mm
MOISTURE
LIQUID LIMIT
PLASTIC INDEX
SPECIFIC GRAVITY
% FRACTURE + 04
USC CLASS
% BITUMINOUS
5o 9
FROST CLASS
MAXIMUM DENSITY
ADJ. LAB DENSITY
OPTIMUM MOISTURE
Average c es
3.42
DOES NOT CONFORM
�c
REMARKS; **% Bituminous specs 5.1-5.9%
BOX 9-17 SOLOOT'NA. ALASKA qqF;Fi9
Mike
January 15, 1986
Mr. Gordon Crawley
Rogers and Bake. er
1301 East 64th
Anchorage, Alaska 99502
CONSULTING ENGINEERS "'907, zea_aSPa
Nun M-M nAr
Subject: Main Apron Extension and Willow Street Extension
City of Kenai
Gentl even :
Attached is supporting documentation and calculation sheets for the
Asphalt Concrete unit price adjustments and supporting information
regarding payment for extra work on the part of your subcontractor,
Southwest Canpany.
Extra work that is described on the attachments to this letter will be
recommended to the City for payment. Zho se items discussed in this
letter, namely delay claims, will not be recommended for payment.
A change order will be prepared in the near f uture, based on the these
recommendations and forwarded to you for signature.
Payment for labor, equipment and equipment rental in the case cf extra
workis clearly - outl ire d in the Supplementary Conditions to General
Provisions, Section 10.07 Measurement and Payment (page X-8) in the
Proj ect Manual.
Regarding labor, the specification is as follows: ...the labor for
such work w iil be paid for on the basis of actual labor cost the
Contractor pays to the individual worker for the hours worked and at
the rates shown on the certified payroll which includes the total
benefits paid plus an allowance of 20%. ...She 20% allowance is to
cover all other ao st s, direct and indirect..."
Regarding equipment, ..."work will be pai d f or at a rate agreed
the Ci �n
by tY and the Co ntractor prior to the start of the extra work,
which rate will in no case be greater than that of the local rental
rates plus 15%. ... Payment for force account work rental equipment
will be the actual rental rates from the egui pment rental vendor plus
15% . "
She invoices submitted to us are not in the format established the
. by
Project Specifications. Also, the rates for equipment and labor are
not consistent, invoice to invoice. We have therefore established the
following hourly rates based on the invoices submitted by Southwest
Company and the rates paid for labor on the certified payroll:
Main Apron Extension Letter, January 15, 1986, page 2
172 Bac kh oe
D-9 Doz er
580 Backhoe
750 Dozer
Ca npactor
Motor Grader
Foreman w/pickup
Operator 30.97 X 1.2
Laborer 27.79 X 1.2
212.50 With Operator
175.00 " of
36.80 Without Operator
118.75 With Operator
93.41 " "
118.75 "
57.81
$37.16
$33.35
(Rental Unit)
Your subcontractor indicated that a 680 hoe was used for some extra
work. Our records indicate
that a 680 hoe was not on site nor used on
the date claimed If a rental receipt indicating that
• � g the hourly rate
is different than that shown, then the appropriate rate or r '
,aces w
be revised i11
rates, obtained from Ron s rental, the vendor,
indicate that the hourly rates char d to th
f allows: � e Contractor are as
480 Case Backhoe $28.00/Hour
5 80D Case Backhoe $32.00/Hour
The change order will be based on the above hourly equignent, rates and
the hourly labor rates plus the allowable 20$ markup as specified
Southwest Obmpany has also submitted claims in the amount of
$11,118.75 for delays due to conflicts with underground utility
relocation efforts. The al],eged delays occurred on July 2 and July 3,
1985• Standby costs are claimed for 12 hours, 4 hours on July 2 and 8
hours on July 3 because Contel did not complete the relocation of a
telephone line that was to be moved outside the excavation area
In accordance with Section 10.05 QNTRCL, OF WORK, Article 5.29 Delay
Damages in the Standard Specification, 'No claim for extra cost shall
be allowed to the contractor for delay caged by third parties or any
other cause beyond the control of the Owner." It is our opinion that
the relocation work was completely Contel's responsibility. She City
has no responsibility for the diligence with which Contel proceeded
with their work.
Ther of or a in accordance with the foregoing, no addi. ti anal aom
pensati on
to the Contractor will be re
commended for the alleged delays.
Other records and project data support the above position,
If you have any questions or comments regarding this information,
Please give me a call.
Si cerel
David John
Project En
4a
Main Apron Extension Letter, January 15 , 1986 , pace 3
The following is a summary of documentation for extra work performed
by Southwest Company, as subcontractor to Kodiak Contractors in
connection with the Main Apron Extension and Willow Street Extension
project for the City of Kenai.
Item 1
On June 17, 1985 excavation. for taxiway C-1 uncovered a 6 Pair and a 2
pair commLuucation/control cable that wasn't charted 1 .
Iru. tally, FAA
personnel sal d that the cable was abandoned and could be removed At
that point the contractor began excavating the cable with the .
Some time later that spoil.
a of ternoon, the FAA returned and sal d that the
cable controls the rotating beacon and required that the cable be
re pai red, FAA agreed to provide the necessarycable to
make the
repairs. 7he cable arrived on June 19. Jahrig Electric, the
electrical subcontractor on the project completed repair, of the cable
at a ppro xima tel 11: 45 am on Y the same date, Relocaticn/replacement of
this cable required the following amount of work:
172 Backhoe
580 Backhce
Operator
Laborer is )
Foreman &* Pickup
Jahrig El ectri c
Total
3
Hrs @ 212.50
637.50
4
Hrs @ 36.80
147.20
4
Hrs.@ 37.16
148.64
14
Hrs @ 33.35
466.90
4
Hrs @ 56.25
225.00
$222.00 - For, spl icing
and - repai r
222.00
$1,847.24
Item 2
This work involved the relocation of an 18 poi r aontr of chi a that was
located on the northerly end of the existing P ran C a rior to the
P
extension) . The subcontractor (s) completed the relocation of this
cable on June 28, 1985. Record Drawings indicated that excavation
would not. have to continue into the area where this cable was located.
Upon excavation of the area, it became evident this cable was within
the excavati cin limits. She Subcontractor relocated the calal e. This
work was discussed with FAA personnel prior to the work and approved
by theme The, estimate that
was given to FAA for this work was $1500.
t
The following is a summary of the work required to a ccom i sh this
cable relocation:
Motor Grader 1 Hr @ 118.75 118.75
50 Pair Com cable 530 feet and 2 splice
kits 780.00
Cable Splicers 11 Hours @ 40.58 446.38
Total $1,3 45.13
� n �
Mai
n Apron Extension Letters January 15 , 1986 , page 4
Item 3
This work involves excavation of unsuitable material around an
existing underground electrical service wire located at the northerly
end of the stub taxiway. This electrical. service was initially
thought to be outside the project excavation luni0
ts based on record
drawings given tous by NOAA. These records were transf eyed to the
construction Drawings and shown so that no conflict was anticipated
The Contractor was required to expose and work around this wire for
the excavation operation as part of construction of the stub taxiway.
Y
The following is a summary of the work required to excavate around
these wires:
172 Backh ce
3
Ers
@
212.5 0
637.5 0
Laborer (s)
8
Hrs
@
33.35
266.80
Foreman w/ pickup
1
Er
@
57.81
57.81
Total
$962.11
ItEm 4
She Contractor excavated the trench for ref ocati cn of an uncharted 50
pair telephone cle from approximately station 12+00 to station 24+45
located ated in the strip paving and the apron extension area. The cable
provides telephone communication to the MQ The contractor agreed to
dig the trench for this c bl. a rel oc ati cn in an effort to expedite the
relocation work because Contel did not have a backhoe available to do
the work. Additionally, as part of his work, the Contractor was
required to temporarily relocate an 18 pair control cable that was to
be placed in the proposed condlit. The Contractor did the excavation
necessary for the relocation for both the Contractor's cable and the
tel ephcne cable which resulted in excavati cn of two existing paved
driveways that front onto the apron The Owner of the driveway and
the AZ rport Manager both requested that these trenches be repaved to
prevent potential damage to taxiing aircraft. Repaving of the
trenches was accomplished in a timely manner to the satisfaction of
the Owners. Because work for repaving was due to the two cables, one
the responsibility of the Contractor and the other the responsibility
of the City, the cost for. this repair work should be shared equally
Y
between the contractor and the City. Also, approximately 2/3 of the
trenched distance was shared equally between the Contractor's cable
and the Ci ty's cable, and therefore the cost of this excavation should
also be shared equally by the Contractor and the City (1/ 2 X 2/ 3 = 1/ 3
of the trench excavation cost is due to the Contractors cable).
Main Apron Extension Letter, January 15, 1986 , page 5
Zhe following is a summary of the work that was performed to
accomplish the above described work:
172 Backhoe 3 Hrs @ ?.12 050 637.50
*580 Backhce 40 Hrs @ 36.80 1,472.00
750 Dozer_ 3 Hrs @ 118.75 356.25
Compactor 2 Hrs @ 93.41 186.82
*Operator 40 Hrs @ 37.16 1,486.40
Laborer (s) 39 Hrs @ 33.35 1,300.65
For enan W/ Pickup 20 Hrs @ 57.81 1,156.20
Subtotal $7 , 557.93
Minus 1/3 Contractors share 2 ,494.12
Subtotal
5,063.13
Ci ty share of pavement re pai r 500.00
(Invoice frown Hayden & Hays)
TO 5,563913
Item 5
Grade change on Taxiway C-1 resulted in removing and salvaging
appro xima tely 2" of 1 evelin g course and modification cf the
constructed plan grade subgrade. ! he grade as designed, was in excess
of the FAA , guideline. for taxiway grades. zhe revision was made to
avoid f ut ure non-conf ormance design problems that vo ul d have resulted
in jeopar dizi.ng FAA f tracing of f uture projects.
Summary of the work required to accomplish the change in grade of
taxiway . C-1 is as follows:
D--9 Dozer 3 Hrs @ 175.00 525.00
Motor Grader 12 Hrs @ 118.75 1, 425.00
750 Dozer 13 Hrs @ 118.75 1,5 43.75
Compactor 2 Hrs @ 93.41 186.20
Foreman with pickup 6 Hrs @ 57.81 346.86
TO $4 , 0 26.81
Main Apron Extension Letter, January 15, 1986 , 6
Page
Testing and retesting
cf the asphalt cement supplied fthis
� or
'ec
Pry] t
has been compet
leted ed
The results show that f our days pavinghave
proven to be non-conf ormin The
g results of the testing and
subsequent retesting for these days are summarized below:
Test Results,
Sieve Size
Date/Test 3✓4
1/2 3/8 4 10 40 80 200
AC
9/7 Test 100
98 87 64 49 29* 14 8.5
5.2
9/7 Retest 100
98 90 69 52 29* 14 8.3
5.9
9/ ll Test 100
98 90 71 53 * 28 14 8.8
5.8
9/11 Retest 100
*
98 90 72 54 29* 14 9.4*
4.9*
9/12 Test 100
99 92 73 55 * 29* 15 10.2 *
*
4' 6
9/12 Retest 100
99 91 72 54* 29* 15 9.8*
596
9/ 25 Test 100
97 89 69 52 3 0 * 16 10.2 *
5
9/25 Retest 100
99 92 71 53* 31* 16 9.6*
'2
6.2*
Spec, 100 90-100 83-93 63-73 44-52 20-28 10-18 4-8
5.1-5.9
* indicates result is outside the specified 1 indits .
Test Location Suuaary,
Date/Test/Lab Number
Sam Rl- a Locati on Type Sample
**9/7 Test 423L
Station 30, 94' Lt Core
9/7 retest taken on
12/10 426L
Station 33+50 , 94' Lt Core
9/11 Test 402L
Load/Ticket No. 15 806 Fran Truck at
Plant
9/11 Retest en on
taken
11/ 12 423 L
Station 3 0+00 , 144' Lt Clore
9/12 Test 402L
Load/Ticket No. 15836 Fran Truck at
Plant
9/12 Retest Taken on
11/12 423 L
Station 30+00 , 156' Lt Core
9/25 Test 408L
Load/Ticket No. 16863 Fran Truck at
Plant
9/25 Retest Taken on
12/ 10 426 L
,Station 75+00 Willow Lt Core
"Plant broke dawn prior to taking sample, therefore ore original
Rltest was
performed from a core
cut from that day's work.
Main Apron Extension Letter, January 15 , 1986 , page 7
The testing and subsequent retesting results appear to verify that the
original test result accurately reflects the qual ity of the material
supplied that day. The location of the material that was originally
tested, was recur de cl. Retests, for that parti cul ar day's work,
(cores) were not taken from the sane area.
The project spe cif is ati cns do not provide for mn-conf orm ing asphalt
work other than to require the Contractor remove and replace the
defective material at his expense.
It is our opinion that the material supplied will reasonably meet the
req ui r erne nt s of it's intended use but does not meet the project
specif icati cns and therefore cannot be pai d for at the on gi.nal
contract price. In lieu of removal and replacement, the method of
providing for non-conf orm ing asphalt cement, outlined in the Alaska
DOTOF Standard Specifications, w i11 be used to determine the anount
to be deducted. It is our apini.cn that this method provides an
equitable ad j ustment in contract price f or non-conf orming material
The lot quantities specified in this method were limited to the
quantity pro duce d on any given day. The days represented and the non-
conforming quantities for each date and the deduction for each day is
as follows:
Date Tons Delivered Percent Deduct Deduct Amount
September 7 340.8 Z'ai
Septanber 11 800.0
September 12 773.6
September 25 1,081.8
6
674.38
7.8
2,059.20
19.8
5 ,054.70
1992
6,854.28
Totals 2r996.2 Tcn $14.642.56
:50-0?0 STATE OF ALAS K A
13iea1
DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES
ASPHALT PAVEMENT et PRICE ADJUSTMENT REPORT
�' ��' Lot No. Dote 1-7 �'� ie
prolect NO, 0 Project Nome
Item No. *D1 0 Course Theo. Yield Lbs/Sto Lbs/S.Y.
Hours of
Construction
Lane a width
Station to Station
Distance
(S to.)
Pounds of
Material in Lot
Yield
Asphalt
Used
Asphalt
Ratio
Rt.
-------------- ----
Lt.
rL
CaiC. _ /
,by Ml VC e; 4P �� 6
Aggregate Gradation
Asphalt
Content %
Compaction
%
>'
3/8"
No. 4
Na 10
No. 40
No. 200
SPECIFICATION
LIMITS
Upper
TU
L�
Midpoint
/ —
to
Lower
TL
Sample No.
Time
Sampled
TEST RESULTS Circle oil out•of-s ec. results
r9*00'
Average Test Result
��
Suspect Test Result X11
Z�
Difference
X1 - X
Range of Results R
0.6 R
o
If JXI -X1 > 0.6 R then the test is on outlier. Delete all outliers.
_
No. of non -outlying samples, no
n Samples
rw
Average Xn
.
Range Rn
D
v
Range Factor* a Rn
O
O
Price Reduction Factor F
3
3
3
3
6
25
T
if Xn > Midpoint, then
P' (A ' aR "T � F
n n u
�.,
if 7n < Midpant then _
-Po (TL•aRn-Xn)F
" lot adjustment percentage Sum of all positive P values % (if < 3%, use 0%).
Total lot adjustment ($ F 1
TOTAL. LOT ADJUSTMENT PERCENTAGE UNIT /PRICE QUANTITY REPRESENTED
For n • 5 use o • 0. 3
n•4 0•0.4
3 0 0.3
Previous Total =
TOTAL Tp DATE s
Checked b
y
�/A �/ d4; HIJn
Project Engr, _ - -
250-070 STATE OF ALASKA
13/s5l
DEPARTMENT Of TRANSPORTATION A PUBLIC FACILITIES
ASPHALT PAVEMENT a PRICE ADJUSTMENT REPORT
/�
Project No. J'/ �V O Project Name 411�oat. Lot No.
Item No. V Z Course N I I Theo. Yield Lbs/Sta Lbs/S.Y.
F of
uction
Lane a Width
Station to Station
Distance
AS to.)
Pounds of
Material in Lot
Yield
Asphalt
��
Asphalt
Ratio
Rt.
Lt.
/ �
CoiC. ''//
V ��
by -
A9gregate' Grad tion
Asphalt
Content %
Compaction
%
1
3/ '
e
No. 4
No. 10
No. 40
No. 200
SPECIFICATION
LIMITS
Upper
TU
Midpoint
Lower
TL
•
Sample No.
Time
Time
TEST RESULTS Circle all out-of•spec. results
9b W/
Average Test Result T(
i g
Suspect Test Result Xi
Difference
_
Xi
f-y
Range of Results R
0.6 R
O
v
If 1xi —1 > 0.6R, then the test ,s on outlier. Delete all outliers.
-X
No. of non•outlying samples, n=
n Samples
1
Average Xn
�.
Range Rn
a
O
Range Factor's a Rn
Q
Price Reduction Factor F
3
3
3
3
6
25
7
If Xq --*-Midpoint, then
P (yn* aRn -Tu )F
41
If 7n < Midpoint, then _
Pin (TL•aRn-Xn)F
Total lot adjustment percentage = Sum of all positive P values 6.% of 3%, use 0%).
Total lot adjustment - )($ $
TOTAL LOT ADJUSTMENT PERCENTAGE UNIT o6RICE QUANTITY REPRESENTED
� For n • 5 use 000.3
n• 4 a • 0.4
n• 3 0. 0.S
Previous Total =
TOTAL TO DATE T _ -
Chocked b y
Project Engr. !_ /_�"V �� do/`/�i 5 0 AJ ............
t�0.OTO �
STATE OF ALASKA
DEPARTMENT Of TRANSPORTATION • PUBLIC FACILITIES
ASPHALT PAVEMENT Ek. PRICE ADJUSTMENT REPORT
Q
ofy ; 7 �i Project Nome fDate--
Item
Project No. _ Lot No.
No. 0, � � Course � � Theo. Yield Lbs/Sto
Lbs/S.Y.
Hours Of
Construction
Lane a Width
Station to Station
Distance
(S to.)
Pounds of
Material in Lot
Yield
Asphalt
Used
Asphalt
Ratio
--------------
Rt.
----
L t.
�.
Colc. C� ���
by —__1_! ��`j �' °
A
Aggregate Gradation
Asphalt
p
Content yo
Coln poctiotl
y.
V
3/e•
No.4
N0610
No.40
No. 200
LIMITS
Upw
TV
��
7-0SPECIFiCATtON
Midpoint
&4--6
z4
Lower
TL4-
• Sample No.
•
Time
Sampled
TESL RESULTS
Circle all out -of -spec. results
-72,
2
Average Test Result
Suspect Test Result xl
21-
Dif f erence
X1 - X
a
n
Range of Results R
D
O
D
0.611
T
If Ix, - X1 > 0.6R, then the test IS an outlier. Delete all outliers.
No. of non -outlying samples, n •
Z n Samples
J
Average T'n
,!
Range Rn
D
Range Factor* a Rn
V
O
Price Reduction Factor F
3
3
3
3
6
25
7
If in > Midpoint, then
P•tXn•aRn-Tu)F
/019
If Xn < Midpoint, then
P•(TL•aRn-Xn)F
Total lot adjustment percentage = Sum of all positive P values % (if < 3%, use 010).
Total lot adjustment : `; ) (- 7 7 ) $
TOTAL LOT ADJUSTMENT PERCENTAGE UNI PRICE QUANTITY REPRESENTED
For n• S use a • 0.3
n•4 a•0.4
no 3 060.5
IL
Previous Total $
TOTAL TO DATE =
Checked by 1--It'- r -
) i%�t60 JOttly,6oll
Pro eat Enpr.
STATE OF ALASKA
DEPARTMENT OF TRANSPORTATION S PUBLIC FACILITIES
ASPHALT PAVEMENT a PRICE ADJUSTMENT REPORT
naKt No. .� o na.m x.m. ei No. �4 mt.
n.. No. 0 7, co-.... N!A' rn.a ri.0 Lwsta Le�sr.
Hours of
Construction
Lane a width
Station to Station
Distance
(Sto.)
Pounds of
Material in Lot
Yield
Asphalt
used
. Asphalt
Ratio
Rt.
Lt.
�.
COIC.
by
Aggregate Gradation
Asphalt
Content %
Compaction
%
Z
3/8
No. 4
No. 10
No.40
No. 200
SPECIFICATION
LIMITS
Upper
TV
Midpoint
tC/
Loner
TL
• ' Sample No.
Time
Sampled
TEST RESULTS
Circle all out -of -spec. results
g7
�q
�9
2
0,
2
Average Test Result
Suspect Test Result x1
�
fl1
Oitterence
XI - 7
D
Range of Results R
0.6 R
-
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If 1XI - X1 ? 0.6R, then. the test is on outlier. Delete all outliers.
No. of non -outlying samples, n •
n Samples
Average Xn
Range Rn
Range Factor* a Rn
v
v
Price Reduction Factor F
3
3
3
3
6
25
7
If Xn > Midpoint, then
PXn• aRn-Tu)F
If Midpoint, then
P• (TU•aRn-Xn)F
Total lot adjustment percentage = Sum of all positive P values o (if < 3%, use 0%).
Total lot adjustment (_ L��, `� )($ : AJLi)( �d ) : 1 r r
TOTAL LOT ADJUSTMENT PERCENTAGE UNIT PRICE QUANTITY REPRESENTED
M
For n • 5 use a • 0.3
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Previous Total $
TOTAL TO DATE =
Checked by
Project EngrV
.
carmen vincent gntolo.archltecti
130 trading bay road, suite 330
kenai, alaska 99611
907 283.7732
February 24, 1987
City of Kenai
210 Fidal govim
Kenai, AK 99611
Attention: Keith Korn& actor
Public Works Department
Re: Invoice for Observation Services #7
Automated Flight Service Station
1/28/87 through 2/23/87
CONTRACT.AMOUNT: $ 30,000*00
DUE THIS INVOICE: $ 2,1285.00
PREV IOUS EARNED: $ - `� 6 0, 00
TOTAL EARNED: i �,_n�,_n I S�� , 00
LESS PAYMENTS: $ fl q, 4 0, 0 0
DUE $ 2,285.00
'PRANK YOU
----- ] City Mqr.—�...._.�
tic Works amity i
Finance_.._.
Oriqina! To -JET- Submitcvu Uy--�-`'`
Automated Flight Service Station
Labor & Reimbursables Summary/Breakdown
February 24, 1987
Page 2 of 2
Architectural
Carmen V. Gintoli
32.0 hrs. @ $60.00/hr.
Terry Stocker
4.5 hrs. @ $50.00%hr.
TOTAL ARCHITECTURAL
consultants
RSA Engineering
$ 1,920.00
$ 225.00
$ 2,145.00
$ 140.00
SUMMARY SHEET TOTAL
$ 2,145.00 �Y'
$ 140.00 Z100"
$ 2,285.00
,2NFo -�o
CITY OF KENAI
Oil Cap d*.al a 44m If
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
February 25, 1987
Ms, Debra Mullins, President
Kenai Peninsula School Board
Route 1, Box 1603-3
Kenai, Alaska 99611
Dear Ms. Mullins:
At the regular meeting of the Kenai City Council on February
18, 1987, the City Council unanimously voted to recommend
that Kenai Elementary not be closed during the 87-88 school
year.
The Council in expressing their vote in opposition to
closing Kenai Elementary, cited the following reasons:
1. Fear that the school administration would leave the
school closed until such time as they needed it for
additional classroom space, even though it may be five
years.
2. Schools are one of the main elements in creating a
social and economic center for any community.
3. It would be a travesty to have that building sitting
vacant across the street from Kenai's major shopping
center which is presently about half -vacant.
4. Of the three new schools scheduled to come on-line in
the fall of 1987, the Council is curious as to whyonly
y
the school in Kenai has been under discussion as to
whether or not it should be opened or closed. Why
hasn't the $3.5 million school built for 16 students in
Hope been under discussion for opening or closing and
by the same token, the new elementary school at Holt
Road?
5. The Council acknowledges the serious economic
constraints the school board finds itself struggling
under because of the massive cutbacks in school
foundation formula funding, in school bond debt
funding, and shortfall in the Borough's sales tax
collections. However, that situation prevails with all
other governmental entities on the Kenai Peninsula.
The Council is hopeful that actions by the Kenai
Peninsula Borough School Board will not be
counter -productive to any of the other taxing
authorities on the Peninsula; i.e., the City of Kenai.
The Council did agree, however that they would not object to
the closing of Kenai Elementaryi f the school board would
find some other utility for the school. Example: Move the
school administrative offices from the Borough building
where they are already out of room and are anticipating or
proposing'an addition to the Borough building to house the
school administration. The Kenai Elementary school has
adequate space for the Kenai Peninsula Borough school
administration for several years to come without worrying
about additional room.
Sincerely,
Wm. J. right
City Manager
WJB/dg
cc: Mr. Fred Pomeroy, Kenai Peninsula Borough School
District
Mayor Stan Thompson, Kenai Peninsula Borough
Mr. John Marrs, Editor, Peninsula Clarion
Mr. Jonathan Sewall, President, Kenai Peninsula Borough
Assembly g
Z
.ZNP-0 - t/
CITY OF KENAI
Od ea�u 0 4"
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 753
Jam• c., lr.. \`• (,�
CITY
OF KENAI
BACKGROUND AND PERSONAL DATA
U'
- CANDIDATES FOR APPOINTMENT--3-0-
COMMISSIONS
AND COMMITTEES
NAME Josh Knopper
Resident of City of Kenai? YES How long? 5 YEARS
Home Address 311 Portlock Tel. 283-9490
Bus. Address P.O. Box 554 Tel,, 283-7979
Name of Spouse Valerie _Knopper
Presently employed by Self-employed
Job Title Owner Hert- 7 Rpni-- A rya r
Current Membership in organizations:
None
Past Organizational -membership:
None
Committees interested in:
A i r�o r t
S ' ature
� �wd
Nx
� � r
v
CITY OF KENAI
210 FIDALGO KENAI, ALASKA ,.99611 t
TELEPHONE 283,�" 535 is
t r*" C ..�
7
CITY OF KENAI
BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO
COMMISSIONS AND COMMITTEES
NAME Thomas P. Irwin Jr.
Resident of City
of Kenai?
Yes
How
long? 12 yrs
Home Address
P.O.Box 2754
Kenai ,
Ak.
99611 Tel,
Bus. Address Kul is ANGB Anch. Ak. Tel .
Name of Spouse N/A
Presently employed by AK. ANG.•
Job Title Prsnl. Supt.
283-4743
Current Membership in organizations:
A.F. Sgts Assoc. American Bowling Congress
N. C.O. Academy Grads. Assoc. Enlisted Assoc. of Natl- Guard.
Past Organizational -membership:
Alameda County Sheriff Assoc. Ak Peace Officer Assoc.
Kenai Police Officers Assoc. Air Force Assoc.
Committees interested in:
Airport Commission
c.: Signature
This edition
Sponsored by:
� Ener Mg
Tesoro V Alaska
7 - 9 - - ' L* ] Permit No. 377
_ _ 1
-` ADDRESS- > ,
1 CORRECTION,'0
4 REQVESTED,
�r T gym; t :,�h can=r.(3.
�
i
January 1987 m � 722C
Publoic calls for ANWR drilling
Department public hearings held earlier this month development in sensitive arctic areas can take place without harming
Three Interiorp p 9
in Alaska and Washington, D.C. revealed overwhelming support for the environment or wildlife.
opening the
Coastal Plain of the Arctic National Wildlife Refuge (ANWR) "Americans must not be blinded by a temporary oil glut and low
to oil and gas development. energy prices," warned RDC President Boyd Brownfield. Before too
The g An
chorage a and Washing
ton hearings were heavily dominated long, the U.S. could be facing an energy crisis of unmatched propor-
by companies, organizations and individuals favoring environmentally- tions."
sound development of the 1.5 million -acre Coastal Plain, which com-
prises about eight percent of the refuge. A public hearing was also
held in the Coastal Plain village of Kaktovik where many native leaders
and residents expressed support for development.
Pro -development forces outnumbered non -development interests
by , i ratio at the Washington and Ancchorage hearings, which were
sch....,jled along with the Kaktovik hearing to gather public input on
whether Congress should allow oil exploration and production in the
refuge. The plain is now off-limits to development, but the Interior
Department in its draft 1002(h) report recommends full leasing. After
public comments have been received on the report, Interior officials
will submit a final recommendation to Congress this spring.
The Resource Development Council urged full leasing of the Coastal
Plain. Others testifying in Washington in support of developing
America's most prospective energy region were the Coalition for Ameri-
can Energy Security, the American Petroleum Institute, the Alaska Oil
and Gas Association, the Highway Users Federation, the National
Association of Manufacturers, the National Ocean Industries Associa-
tion and the U.S. Chamber of Commerce.
The various organizations pointed out that the Coastal Plain holds
America's best hope for the discovery of large domestic oil deposits.
Most stressed that development is needed to help reverse America's
increasing dependency on foreign oil. In addition, others pointed out
that a multi -year record of arctic oil production proves that energy
•
lesource I evieu
Resource Development Council for Alaska, Inc. sox 100516, Anchorage, AK 99510
80
L1 (
z
w
�
40
a
20
((:ontinuea on page 5)
FUTURE SUPPLY/DEMAND OUTLOOK
Net U.S. Oil Imports as a Percentage of Oil Consumption
LOW E R
PRICE
TREND / �-
/0,00
eJO00000 UPPER
PRICE
TREND
1960 1965 1970 1975 1980 1985 1990 1995 2000
NOTE: Potential import levels are based on responses to an NPC survey of
future supply/demand outlooks that utilized two oil price trends provided by
the Department of Energy: an upper price trend starting at $18/barrel in 1986
and growing at a real rate of 5%/year to $36 in 2000, and a lower price trend
starting at $12/barrel in 1986 and growing at a real rate of 4%/year to $21
i n 2000.
Poll reveals 70% want development
Nearly 70 percent of Alaskans believe Congress should open
the Coastal Plain of the Arctic National Wildlife Refuge to oil and
gas exploration and production, according to a recent statewide
poll
The survey was conducted in late November by Dittman Re-
search Corporation for the Alaska Oil and Gas Association. Flve
hundred residents in 51 communities were polled.
In the Dittman survey, 86% believe the oil and gas industry
has operated in an environmentally safe manner at Prudhoe Bay.
About 83% of the respondents also believe the petroleum industry
can operate safely in the refuge.
Those who supported development said industry has a proven
safe record of oil development in the arctic, that the oil is needed
and that development would be good for the economy and the
state.
"The survey clearly shows that most Alaskans want the federal
government to allow oil and gas exploration in the highly prospec-
tive ANWR Coastal Plain," said AOGA Executive Director William
W. Hopkins.
PLF bases
attorney in
Anchorage
James S. Burling is
a and
geologist
} PLF attorney
specializing In
r environmental law.
4"
Pacific Legal Foundation, a Sacramento -
based public interest law firm, has assigned
a full-time attorney to its Alaska office at the
Resource Development Council in Anchor-
age.
According to Anchorage staff attorney
James Burling, the Foundation is actively in-
volved in a number of lawsuits in Alaska
where "the Foundation is working to impart a
balance between the protection of the envi-
ronment and the critical need for resource
development in the state."
Included. among these efforts are the Foun-
dation's representation of Fairbanks North
Star Borough in defense of the state's mineral
leasing system, and the defense of several
mining associations in support of mineral de-
velopment on federal lands in Alaska against
a series of attacks by a coalition of environ-
mental groups.
"It is because of the critical national need
for Alaska resources, and the evolution of en-
vironmental law in Alaska that the Pacific
Legal Foundation determined it necessary to
upgrade its Alaska facilities," said Burling.
Citing a need to be closer to the breaking
cases, Burling said his transfer to the Alaska
office will make the Foundation more effective
in its advocacy of "the free enterprise ap-
proach to environmentally sound natural re-
source development."
The foundation office is located at 807 G
Street, Suite 200.
RDC's decision to move its annual conference from February to April gives state leaders
some breathing room for considering how they should address the crucial issue of Alaska's
economy. With a new state administration and legislature, time will be needed for outlining
duties, organizing committees, trainingpersonnel and setting rioritie
p g priorities. Budget concerns will
be at the top of the list. For the time being, it appears economic development will take a back seat.
We think it's imperative that Alaska's leaders look not only at cutting budgets, but at enhancing
revenues. Revenue enhancement can be viewed simply as new tax measures or it can be
viewed as creating the climate wherein tax revenues are generated from economic expansion.
We prefer the latter approach.
RDC's "Great Opportunities" Conference in April will provide an exciting forum for putting
our collective genius to work --the way we used to do so well --to explore ways we can realistically
pursue economic expansion.
Recently the Matanuska-Susitna Borough decided that timber contract management services
would be "delayed and possibly foregone due to the economic crises in state government."
Obviously if you forego the service, you forego the potential revenues from the use of this
renewable resource. You've gotta spend money to make money.
For example, 1986 timber receipts from U.S. Forest Service lands in Alaska were a paltry
$545,528. Now, why should Alaska, with the nation's first and second-largest forests, have the
lowest receipts from this resource compared to other timber states? It was astonishing to me
that little ole' Oregon netted over $117 million in 1986!
If the Mat -Su Borough adopted an aggressive timber management program, just think
the jobs and revenues that would result. That's just one idea.
We've asked Alaskans to share their ideas for revenue enhancement and economic diversifi-
cation (see article referring to Call for Papers questions in this issue) with today's fiscal realities
in mind, and we hope you'll be one of those to respond. If we receive your papers by March
1, conference speakers will have an opportunity to review them while preparing their presenta-
tions.
As though we weren't overwhelmed with work already this year, the RDC staff has undertaken
an additional challenge and responsibility associated with the April conference. In two sessions
of six concurrent workshops Saturday morning, April 4, you will be able to personally discuss
your proposals for advancing the state's economic interests. Each workshop will be 90 minutes
long, giving adequate time to fully address the issues under discussion. It will be an exciting,
productive event.
In the afternoon, our state Board of Directors will meet to refine its 1987-88 program. To
top it all off, the State Directors will host conference and workshop participants at the biggest
hangar party Alaska has ever seen. It will be a hectic three days --are you ready for it?
Resource Development
Council, Inc.
Executive Committee officers
President ........ ..- ..... Boyd Brownfield
y
Resource Review is the official monthly publication
The Resource Development Council RDC ) is
Vice President .............. ,John Forceskie
Vice President
of the Resource Development Council, Box 100516,
' Anchorage,
g Alaska 99510 — (907) 276-0700.
Alaska's largest privately funded nonprofit economic
......... : ....... Joseph Henri
V
Vice President i................ Shelby Stastny
development organization working to develop
Alaska's natural resources in an order) manner
y and
Secretary �:
ry ' ' ' ' ' • • • • • . . • . • O.K. Easy Gilbreth
Treasurer
Material in the publication may be reprinted without
permission provided appropriate credit is given.
to create a broad -based, diversified economy while
' ' ' ' ' ' ' ' ' ' ' ' ' • • • • • Larry Laughman
Past President ............... Charles Webber
protecting and enhancing the environment.
Carl Portman
staff
Editor & Advertising Manager
Executive Director ............ Paula P. Easley
Resource Review encourages its readers to submit
RDC invites members and the general public to its
Deputy Director ................ Becky L. Gay
- articles, announcements and letters to the editor for
weekly breakfast meeting featuring local and nation-
Public Relations Director ......... Carl Portman
publication. Send all correspondence to Resource
ally -known speakers on economic and resource de-
Projects Coordinator ............. Mike Abbott
Development Council, Resource Review, Box
velopment issues. The meetings are held on Thurs-
Staff Assistant ................Dottie Morrison
100516, Anchorage, Alaska 99510.
day at 7:30 a.m. in the Northern Lights Inn. Reserva-
The RDC business is located at 807 G Street, Suite
tions are requested by calling 276-0700.
200, Anchorage.
®, ,
f avE; L / rtcouunuC ncVicvv i January 1987
Thoughts from
"fie presidents
by Boyd Brownfield
Battle has
only begun
No doubt by now most of us have been
exposed to at least the basic issues surround-
ing ANWR and recognize the general battle
lines that have been drawn. However, several
of the more significant advancements warrant
repeating to bring us to a parallel understand-
ing.
The Interior Secretary's initial recommen-
dation to open the Coastal Plain of ANWR to
development drew overwhelming support at
public hearings in Alaska and Washington,
D.C. earlier this month.
The Kaktovik fathers, their village council,
the Arctic Slope Regional Corporation and the
North Slope Borough supported develop-
ment. Both hearings in Anchorage and
We;shington, D.C. favored development by a
to one ratio.
These are indeed significant accomplish-
ments, but we must not forget that several
successful volleys do not win the war. Indeed,
the battle has only begun and the hill we must
climb looks more like Mt. McKinley.
What may not be as obvious is that the
public forum is not where the ANWR issue
will be decided, but rather the halls of Con-
gress. Our adversaries have already mus-
tered impressive support by presenting a bill
to lock up the Coastal Plain as Wilderness.
They also have a second bill in the wings
should the first one falter.
What can you and I do to assure that Con-
gress makes the right decision for Alaska and
the nation? For starters we must dive into the
issue and become very informed. Call your
RDC staff and get the facts. Once armed with
this information contact those who will be
making the decision. Talk to relatives and
other influential people you know who can, in
turn, talk or write to their congressmen and
convince them to cast their vote for opening
ANWR. This is the single most important con-
tribution you and I can make.
ANWR is a national issue of the highest
order affecting our national security, and it
affects every state in our nation. That point
\ ct be driven home to every congressional
participant carrying a vote.
Remember, Alaska has only 2 of 100votes
in the Senate and 1 of 435 in the House.
Clearly our congressional delegation cannot
do it alone. You and I simply must play a
commanding role in this battle or we will lose.
Major event to pursue
tate's economic recovery
The Alaska "Great Opportunities" Confer-
ence will provide a forum, for pursuing the
state's economic potential when hundreds of
business and government leaders meet April
2-4 at the Anchorage Sheraton Hotel.
In addition to selecting nationally -known
experts who will present their subjects pro-
vocatively, the Council is asking citizens to
submit papers addressing significant oppor-
tunities for economic growth and diversifica-
tion for publication in the Conference Pro-
ceedings.
The seventh annual conference itself is in-
tended to provide direction to Alaska leaders
in both the public and private sectors. One of
its goals is to forge a dynamic partnership
between business, labor, government and
universities to address economic concerns.
Another is to foster establishment of institu-
tions that will prove beneficial to identified
goals. Still another is to mobilize a broadly-
based constituency of citizens to support
economic development in general --to create
a greater awareness of the need for and be-
nefits of economic progress.
The strategy for RDC's 1987 conference
begins with the notion that Alaska's vision for
its economic future is one that avoids tempting
quick -fixes that could undermine long-term
performance. Alaska's economic vision, as
pictured by conference organizers, includes
jobs, higher incomes, low unemployment and
higher gross state product and wealth.
The conference strategy also assumes
that economic development goals are not
ends in themselves, but rather are means of
providing the necessities of life and oppor-
tunities for personal and civic development of
its citizens.
Public policy recommendations expected
to result from the conference and papers sub-
mitted for the proceedings will be formulated
in the weeks following the conference. Some
of these will require new legislation, support
for legislation already introduced or opposi-
tion to proposed measures.
The conference sessions, featuring
economic development professionals from
across the United States, will take place April
2 and 3. On April 4, community leadership
workshops will be held, featuring conference
speakers. The workshops will encourage dis-
course between participants and speakers in
a problem -solving atmosphere. Community
leaders are expected to return to their com-
munities with sound direction for pursuing
local economic goals.
Arthur Young and ASK Information Search
i VW/l/
Al
ev
have been retained by RDC to assist in the
process by reviewing selected economic de-
velopment proposals for economic and finan-
cial feasibility criteria, assessing the level of
required resources, doing a rough assess-
ment of market situations, reviewing business
and marketing plans and suggesting possible
financial sources.
Both companies will select several reports
from the Council's Call for Papers request
and put each project or idea into a common
framework or model for discussion.
"We welcome the opportunity to assist the
Resource Development Council in its effort to
solicit economic development ideas from
Alaska's many communities.," said Alex
Kochkin of ASK. "Communities can positively
promote economic development even in the
face of the declining economy by capitalizing
on their strengths, focusing their efforts and
resources and emphasizing the growth and
development of existing and new businesses
in their communities."
To register for the conference and Com-
munity Development Workshops by tele-
phone, call RDC at (907)276-0700 with Visa
or Mastercard numbers. The registration fee
for the Alaska "Great Opportunities" Confer-
ence is $225; the workshop fee is $60.
Call
for Papers
The Resource Development Council has
issued a Call for Papers in connection with
its upcoming conference scheduled for April
2-4, 1987.
Individuals, local officials, government ad-
ministrators, chambers of commerce and
economic development task forces are asked
to consider four questions and submit re-
sponses to the Resource Development Coun-
cil.
The papers will be made available to
economic development professionals speak-
ing at the conference and will. be reprinted in
(Continued page 7)
January 1987 / RESOURCE REVIEW / Page 3
Economy is far from standing still
Alaska may
benefit from
recession
Alaska's economy won't keep pace in 1987
with the level of business activity seen in the
first half of .the decade, but an objective look
shows the state's economy is far from stand-
ing still, according to Scott Hawkins, a corpo-
rate economist with Alaska Pacific Bank.
Assuming an average oil price of $15 per
barrel over the next two years, Hawkins told
a Resource Development Council breakfast
meeting audience of 130 earlier this month
that the current one will deepen in 1987 with
an average drop in statewide employment of
about 4 percent, compared to a fall of 2.5
percent in 1986. Hawkins estimated that the
recession would last three years, with 1987
being the second year of the economic
downturn.
Hawkins termed the recession as "mild"
and similar to what Alaska experienced in the
post -pipeline recession. However, Hawkins
said the current recession will be deeper than
the one following pipeline construction. In ad-
dition, the current recession will be distributed
differently geographically.
The Alaska economist explained that in the
late 1970s recession Fairbanks was hit the
hardest while Anchorage did quite well. This
time, Anchorage will feel the strongest blows
due to its heavy reliance on state government
and the petroleum industry.
After a loss of 1,500 jobs in 1986, the oil
patch will likely see an additional 1,500 jobs
terminated in 1987, Hawkins predicted. Com-
pared to the situation in the southern oil
states, the drop in oil industry employment
does not represent a dramatic decline, he
said.
Oil companies have prepared more con-
servative budgets for 1987 and beyond. How-
ever, expenditures for Alaska production and
field maintenance over the next several years
is nonetheless significant.
The big concern is state government with
a loss of about $400 million in state spending,
equating to 12,000 lost jobs, Hawkins said.
The construction industry will also "take it on
the chin" this year, he said.
Over the past couple of years, the biggest
decline in the construction industry was in pri-
vate sector projects and in the next two years
state and local government -funded construc-
tion projects will plunge due to large budget
cuts.
The timber industry appears to be on the rebound with employment up 20 percent in October
and November.
Many of this year's construction awards
will come from the federal government. Fed-
eral spending, specifically military projects,
will provide the most work through 1988. De-
fense -related spending in Alaska could top
$400 million for 1987.
Hawkins stressed that "all of Alaska's trad-
itional resource industries that we've known
for years are eventually going to have to pick
up the ball and provide our economic growth."
He said the lower energy prices make the
other industries --tourism, fishing, timber and
mining --more viable by reducing operating
costs, transportation expenses and interest
rates.
As a result, the economic tide appears to
be turning for these industries, Hawkins said.
For the first time since 1981, the forest
products industry is showing improvement
with October and November employment up
by 20 percent.
"These industries will help buffer the im-
pacts of budget cuts," Hawkins said. "In the
long term we're going to have to count on
these industries to get us back on the growth
path."
The long-term outlook is still very positive
for Alaska due to the state's tremendous re-
source base and favorable tax climate, noted
Hawkins. He explained that because of
Alaska's great oil wealth, the overall tax bur-
den is negligable.
"Unless we really blow it and drop the b"
we're likely not to have a burdensome
climate by lower 48 standards," Hawkins said.
In addition, he expects Alaska's future
economy to benefit from public and political
opinion which is now turning in favor of more
pro -development policies.
The current recession may be uncomfort-
able and painful, but Hawkins insists that "all
the things that hurt now will make us more
competitive later. It's a lot like a fast."
Tourism is brightest by default
A recent poll conducted by ALASKA from the INSIDE in conjunction with the Dittman Research
Corporation has revealed that tourism may become the dominant future economic force in
Alaska by default because government regulations and restrictions are retarding the natural
growth and emergence of mining and mineral development as the primary source of economic
strength in Alaska.
The statewide survey showed that business leaders across Alaska eye tourism as the most
promising industry as the petroleum industry declines. Tourism was widely seen in the poll as
the industry least restricted and hindered by government regulations; and therefore it is perceived
as the one most likely to prosper.
The survey covered several hundred business leaders in four separate industry sectors
across Alaska.
Some respondents charged that "tourism" is the only industry in Alaska that the environmen-
talists have not tried to wreck." Others claimed that until the attitude of state government is
changed, and regulatory policies become less restrictive, mining doesn't stand a chance, e
with the known mineral potential of Alaska, including coal.
One respondent pointed out that "tourism will greatly help the economy, but not help the
state revenue problem." Another urged that oil and gas operations be expanded into ANWR
because "all other industries combined won't pay our state's costs..."
Page 4 '/ RESOURCE REVIEW / January 1987
to February 6, 1987. It is absolutely critical that YOU send a brief
one -page letter to the U.S. Fish and Wildlife Service expressing your
support for the Interior Secretary's recommendation which calls for
full leasing of the Coastal Plain. Each letter of support is vital because
the numbers do count!
Key points to include in your comments:
• Request that the Coastal Plain of ANWR be opened to oil and
gas exploration and development.
• Stress that oil and gas exploration and development in ANWR
is in the national interest and that America will have a serious
need for new oil by the year 2000, the earliest any production
could begin from the refuge.
• Explain that Prudhoe Bay clearly demonstrates that proper de-
velopment can proceed without harm to the environment and
certainly without harm to the caribou.
• Point out that arguments opposing development on an environ-
mental basis are highly speculative and are similar to the dire
predictions made in the 1970s to discourage development of
Prudhoe Bay and the construction of the trans -Alaska pipeline.
Mail Your Comments To:
U.S. Fish and Wildlife Service*
Division of Refuge Management
2343 Main Interior Building
18th and C Streets, N.W.
Washington, D.C. 20240
Senator Bennett J. Johnston
Senate Energy and Natural Resources Committee
Senate Office Building
Washington, D.C. 20510
Governor Steve Cowper
Pouch A
Juneau, AK 99801
*Copy RDC at Box 100516
Anchorage, AK 99510
Public strongly supports ANWR development (Continued from page l)
Brownfield explained that domestic oil reserves are plummeting
file. consumption is rising. He said U.S. oil imports could rise dram-
tically from about 27 percent of domestic consumption in 1985 to over
70 percent in the next decade.
:"It is imperative that we look for oil in ANWR now because develop-
ing oil fields in the arctic requires lead times of 10 to 15 years from
discovery to first production," Brownfield said. "Assuming a major field
is discovered on the Coastal Plain today, first production would not be
likely before the year 2000."
While giving strong support to the Interior Department's recommen-
dation that the plain be opened to full leasing, RDC expressed concern
that many of the environmental impacts indicated in the report appear
to be based on "worst case" evaluations. Since the NEPA-EIS
guidelines have been changed from "worst case" assessment to "most
likely to occur," the report should clearly reflect the change, Brownfield
said.
"Due to the "worst case" bias, RDC requests that those impacts
based on a highly speculative nature be clarified as such throughout
the environmental consequences section," Brownfield said. "This will
allow and hopefully ensure that those reading the document are aware
of the highly -speculative nature of those impacts."
RDC deputy director Becky Gay presented the Interior Department
with formal resolutions of support for the opening of the Coastal Plain
from a dozen Alaska communities stretching from Ketchikan to Kot-
zebue. Gay also conveyed the Port of Tacoma's support for opening
the 1002 lands.
A number of RDC board members testifying at the hearing pointed
out that development of a substantial oil field in the relatively small
proposed lease area would reduce America's reliance on foreign oil,
A the national trade deficit, increase the nation's proven energy re-
serves, increase local, state and federal revenues from taxes and
royalties and increase employment opportunities.
Richard Tindall, director of RDC's Renewable Resources Division,
said, "not to develop the potential of this national treasure would be
treasonous."
Based on the Interior Department's peak production estimate of
659,000 barrels of oil a day from the refuge, the America Petroleum
Institute reported that 254,085 new jobs could be created nationwide
from oil development and production in the refuge. Using the same
base projection of production, the Gross National Product could in-
crease about .25 percent above the level that would otherwise exist.
RDC board member Charles R. Webber pointed out that since 1974
over $36 billion have been funneled directly into the economy develop-
ing North Slope oil fields.
Joe Henri, President of South -Central Timber Development Cor-
poration and Vice President of RDC, reminded the public that 15 years
ago non -development interests objected to the development of the
Prudhoe Bay oil fields on the basis that such development would dam-
age the environment and seriously harm caribou and other wildlife.
"Look what has happened since 1977 when Prudhoe Bay began
supplying America with 20 percent of its domestic crude production,"
Henri said. "Today caribou thrive in the midst of arctic oil production
facilities."
Representing the Alaska, Hawaii, Idaho, Montana, North Dakota.
Oregon and Washington Highway Users Federation, RDC board
member William Schneider stressed that development of ANWR is
essential to insure availability of oil and gas. He said insuring the
long-term availability of fuel for the movement of people and goods
must be a top national priority."
More than 100 villagers packed the new community center in Kak-
tovik to air their concerns about oil and gas development in their back-
yard.
Kaktovik Mayor Loren Ahlers said his community's city council sup-
ports development in the refuge with the understanding that "certain
stipulations be met towards the protection of wildlife, its habitat, subsis-
tence lifestyles and the social -economic future of Kaktovik."
Edward Itta of the North Slope Borough said that "development and
preservation of culture are not incompatible." He also said that "this
opportunity for Native corporations must not be denied."
January 1987 / RESOURCE REVIEW / Page 5
The Resource Development Council has
identified a fundamental procedural concern
that prompts its objection to two comprehen-
sive land management plans being formu-
lated by the U.S. Fish and Wildlife Service.
In comments submitted to regional director
Robert Gilmore, the Council complained that
the range of alternatives in the draft com-
prehensive management plans for the
Koyukuk, Innoko and Selawik National
Wildlife Refuges is so narrow that there is
only a slight variation between management
options.
In addition, the Council refused to give its
support for the preferred alternative in the
Nowitna National Wildlife Refuge draft plan,
instead recommending an alternative which
provides opportunity for local economic de-
velopment without compromising the pur-
poses for which the refuge was established.
In response to the limited Koyukuk options,
the Council said that the diversity of interest
in any National Wildlife Refuge cannot be
adequately addressed in only two alterna-
tives. By limiting the number of alternatives
to two, the Council warned the FWS runs the
risk of either proposing two divisive manage-
ment directions, or (as in the case for the
Koyukuk plan) proposing two nearly identical
management directions.
The only substantive difference between
the two alternatives in the Koyukuk plan lies
in the Ian s proposed for Wilderness designa-
tion, the Council pointed out in its comments.
From a procedural and practical point of view,
the two alternatives offer no substantive differ-
ences in management style or intent over the
life of the plan. The Council said the range of
alternatives does not address its concerns for
more aggressive management of the refuge
resources.
In the Selawik plan, the proposals also re-
flect only a range of Wilderness alternatives,
instead of a much broader range of manage-
ment alternatives. Further, the Council be-
lieves reasonable alternatives, including mod-
erate or intensive management regimes, were
omitted from the plan without justification.
The Council pointed out that there seems
to be some inconsistency between the
Selawik plan and other recently reviewed
plans with respect to oil and gas leasing pol-
icy. It is the Council's understanding that min-
imal management and Wilderness designa-
tion both preclude oil and gas leasing. Oil and
gas leasing is only allowed in those areas
under moderate or intensive management.
The Council response asked, "If this is so,
then why did the draft include an oil and gas
exploration and production scenario? Con -
RDC critical of new refuge plans
NATIONAL WILDLIFE REFUGES IN ALASKA
1 Alaska Maritime
2 Alaska Peninsula
3 Arctic
4 Becharof
5 Innoko
8 Izembek
7 Kanutl
8 Kenai
9 Kodiak
10 Koyukuk
11 Nowltna
12 Selawik
13 Tetlin
14 Togiak
15 Yukon Delta
18 Yukon Flats
versely, why did the draft exclude a moderate
or intensive management alternative?"
The Selawik farm and fisheries projects
also drew Council concern. RDC advocates
these developments, explaining that both pro-
jects exemplify the resourcefulness and de-
termination of the local people. However, it is
concerned that the plan may unduly encroach
upon the economic self-sufficiency of
Selawik.
Unlike the Koyukuk and Selawik draft
plans, the Council was pleased with the man-
agement alternatives in the Nowitna Com-
prehensive Conservation Plan. RDC com-
mended the planning team for proposing a
relatively broad range of alternatives and
noted its preference for this approach
throughout the national wildlife refuge plan-
ning process.
However, the Council objected to the fed-
eral agency's management scheme, recom-
mending instead the implementation of Alter-
native D, a progressive management scheme
that focuses on timber harvesting that the
Council contends would not jeopardize the
resource values of Nowitna.
The Council expressed its dissatisfaction
with the "worst case scenario for Alternative
D, pointing out that it does not take into ac-
count possible mitigation measures. The Ser-
vice was asked to verify claims that the pro-
posed harvest level in Alternative D would
have a negligible positive impact on the local
timber industry.
RDC believes Alternative D would provide
unprecedented research opportunities for the
Fish and Wildlife Service. None of the national
wildlife refuges in Interior Alaska permits
timber harvesting within its boundaries. As a
result, RDC believes the Service should
capitalize on this opportunity to allow forestry
practices on an experimental basis. Research
findings could then be used to evaluate the
effects of timber harvesting on island habitat,
wildlife and fish.
At press time, the Council was reviewing
management alternatives for the Arctic Na-
tional Wildlife Refuge. These alternatives
apply to lands outside the 1002 area.
Page 6 / RESOURCE REVIEW / January 1987
St te wins major RDC issues
■ ..Call f
navig bility decision Papers
(Continued from page 3)
The U.S. District Court for Alaska has ruled that the Gulkana River in the Copper River
Basin is a navigable river — a decision that settles the question of ownership of this river and the conference proceedings.
will be important in determining the ownership of other submerged lands in the state. The questions are:
Tom Hawkins, Director of the Department of Natural Resources' Division of Land and Water 1. What, in your opinion, are the three most
significant opportunities available to (Alaska)
Management, said that this decision is significant and benefits the state. "First, it confirms that
or (your community) for economic growth?
the submerged land beneath. the Gulkana is owned by the state," Hawkins said. "It also culmi-
nates the state's efforts to get a decision from the court that can be used as criteria to determine 2. What actions should be taken to realize
state ownership and control of rivers and lakes throughout Alaska." these opportunities?
By federal law, states are entitled to the resources and land that lie within and under waterways 3. What should be the role of the govern -
that are capable of navigation. Hawkins said that the federal and state governments have been ment, the private sector and academic institu-
working together for several years to narrow the differences in their respective interpretations tions in relation to these actions and oppor-
of what makes a waterway navigable. tunnies?
"Because of the criteria for navigability established in this recent decision, a lot more water- 4. If implementation funding is needed,
bodies are navigable than the federal government originally thought," Hawkins said. "What this how should revenues be raised?
means to the state is that the land and the resources under waterbodies will now belongto the Respondents may answer any or all of the
state."
questions in their submissions. Papers must
In the recent decision, the court accepted the state's contention that a waterbodys physical be submitted by March 1, 1987 to Resource capacity to be used as a transportation route is the crux of the navigability test. The court Development Council, Box 100516, Anchor -
rejected the federal government's claim that the state must also prove that the waterbodt' can age, AK 99510. Papers should be single -
be navigated by larger vessels which are customarily used for certain commercial activities. spaced, in pica type, with one inch margin on
The court stated it was necessary only to show that the waterbody is capable of "the most each side, maximum six pages.
bask form of commercial use: the transportation of people or goods." The decision also stated
that the river's capability to be used for transportation need not be measured by the types of Notable u o e s
Watercraft customarily used more than 25 years ago at the time of statehood, as contended
by the federal government. "In a resource state like Alaska, which
The court found there is nothing in the historical development of the navigability test indicating faces intense competition on the Pacific Rim
that navigability should depend on the circumstances existing on a certain date. It determined from other resource -rich countries like
that the types of watercraft used on waterbodies today must be considered along with past use. Canada and Australia, clinging to the notion
that encouraging development is either a sell-
out or a subsidy is a prescription for economic
failure.$$
—Scott Hawkins
RDC asks state Corporate economist for Alaska Pacific
Bank
to amend water
"You can't solve your problems by raising
• business taxes --which are inevitably passed
on to the consumer --as a lot of states are
quality standards doing. The answer is to be fiscally conserva-
tive. Building coalitions to maximize oppor-
The Resource Development Council has asked the Department of Environmental Conserva- tunities and, in unity, to minimize problems--
tion to amend water quality regulations as requested in a petition recent) submitted b the that has been Delaware s path to a brighter
y y future.
Alaska Miners Association.
—Governor Pete du Pont,
"We are concerned that the new regulations do not adequately address the concerns of State of Delaware
public comments made by miners and industry," said executive director Paula Easley in a letter
to Commissioner Dennis Kelso.
If Alaska's 55 million acres of designated Wil-
With water quality standards that are virtually impossible to meet, the Alaska placer mining derness were made into one state it would
industry is on the brink of destruction. Easley said the state must consider reasonable amend- be the 11 th largest state in America. Com-
-,ients to the water quality regulations if the industry is to survive. She said the amendments parative state acreage:
...,s advanced by the AMA would prove beneficial to the mining industry while not causing Idaho .......... 53.4 million acres
unnecessary harm to the environment. Kansas .. ... ... . 52.6 million acres
Minnesota . ...... . 54.0 million acres
RDC has asked DEC to delay its implementation of the new standards in order to launch a Utah ........... . 54.3 million acres
serious review addressing economic issues and the substance of all comments on water quality. Pennsylvania ..... . 28.9 million acres
January 1987 / RESOURCE REVIEW / Page 7
---- --- -- ------ ---- ----
o e� D
—
t7
� I
XN F 0-!S
S. esource Develop ent Co ncil
.ter Add for Alas ka , I nC. 807 "6" Street, Suite 100, Anchorage, Alaska 99501-3440
.. Box 100516, Anchorage, Alaska 99510•0516 — 9011216-0700
FISHERIES DEVELOPMENT
ACTION PLAN
4 0 / f7 In recc3Z.:tioa of a
the importance of the coercial fishier %�
S industr y to twe _;� �A +'7�
economic well-being of Alas", the Resource ce_^A�...ar
Deve.opaen: Counci2's (RDC) e,` +
Fisheries Cori:tee, composed of industry and gove�zGrt zepresen:ztives, .�
has developed a coaorenersive =_sne_les Tr_ve: or a -an <
_- Tne
?isneries Co—i.tee :-iTz work Litb state and inctis:.v representatives to �e�,'`~ �� ` •'
suppor= :='pie=e=ta:ion of this Usam.
based on a high level of par:ict.nazion and baiaaced input to the Ate}.
Fisheries Co—tter-, this plan presents a calaaced and productive se: of
actions that can be tastes ov the nev state ad=ia:st_ation and legislature.
I. i=pie=ented, the gcais out2l4ned in this plan will result, in substantial
1=arove=eat in the eccuo=ic cont_;bution Of fisher; industries to the state.
Contributors:
Barite: , t+ally
Co=er:.,ia2 Fisher_an
Besish, limy
Arthur loung a Co=many
Broils , '.fichael
Oceans tvvelop=e=t
Clark, .:lm
Bristol Taay, borough
Clarksom, 14-kc
North Star L•arltime
Cleveland, jocn
Seai.and Services
Paps, Paul
City of 'Unalaska/Dutch Ea bor
Gabriel, Lynn
Resource Development Council
Cove, Jim
City of 2rangeil
Gina, Sharon
AM ?`_she:ies Develoument Foundation
Ea ienga, S:an
AA DCZ D - Office of Cow.... Fish. Lev.
be-=�n=• Ade held
Alaska State "Ouse - District 26
Jocaase=, ~-ling
City of Cordova
Llo•d, Denby
independent
::avvaasxy, Max
City of St. Gecrze
XcCarane, Bob
McG ane Jewelers
' Beacham, Chuck
AA Department of Fish and Gaze
.sears, Tom
Cook lniet aauaculture Association
2leve: , Robe —
Alaska Sea Farms
r.►Zier, Ron
North Pacific ~Fisheries Mga:. Council
'.ioore Peter
AX 4i-sneries Development Foundation
Neill, Jerry
Xodiak Island Borough
Person, Rlcaard
Alas" Setnetters Association
Peyton, Paul
AX DCrD - Office of Coma. :ash. Dev.
Riley' Chris
Tampa Ship
Settle, Julie
Alaskan Joint Venture Fisheries
S tadez, :fora
ayu�
Sutton, Cheryl
wenai Peninsula Fisher-..an's Coop and
Alaska
Alaska Setnetters Association
Tindall, Richard
Development Council
'Rasom, Bill
Independent
viese, Craig
UA :Shrine Advisory Progam
:ilson, Rich
Ciry of St. George
ioo1=' Bill
Alaska Seafood harikezing Institutue
haroff, :red
Alaska State Senate - District N
Y-Is s O
Through the vise use
of our natzral, eco-
noai c and human re-
sources, achieve the
full development of
Alaska's potential
for harvesting, cul-
turing, processing and
marketing =infish,
shell is and aquatic
plants. The benefits
Of this eocnomi c de-
velopment should flow
to the peoile of
Alaska and the
United States.
FISHERIES DEVELOPMENT ACTION PLAN
GOALS
OBJECTIVES
I
LAND OWNERSHIP AND MANAcme,.T
Federal, state and local land
'Define regulations and procedures to provide for the use
use planning must facilitate
of state lands (tidal or submerged) for aquaculture
the development and enhance-
projects and port and harbor development.
ment of fishery -based
industries.
'Assure reasonable implementation of ANILCA to allow appro-
priate fish enhancement and development activities on
federal lands.
'Accelerate Americanization of the fishery through application
II
of appropriate policy, regulations, and procedures.
REGM.ATZONS, PERMITTING
E.NVZROINDIENTAL PROTLCTION
'Pass legislation by the end of the 1987 session to
Regulations, pe ^_itting and
provide for the development of mariculture
environmental protection
compatible vi:h existing fisheries.
measures should improve and
enhance the economic develop-
'Promote efficient utilization of discarded species.
ment and conservation of
:OptiBize and stabilize where e_epossible, production from
existing wild fishery stocks.
'Maintain and improve statutes, regulations and policies to
ensure continued habitat quality for fishery resources.
III
DEVELOPMENT IBCy*'TIVES
Develop incentives to
stimulate investment in
Alaska's seafood industry.
'Identify changes or exceptions to the present tax code (e.g.
Raw Fish Tax, State Investment Tax Credit, etc.) to accomodate
development of the seafood industry in Alaska.
'
'By the end of the 1987 legislative session, the state should
IV
prioritize locations that receive public funds for upgrading
INFR.AST3IICTURE FZIZANCI. G
and maintenance of port and harbor facilities to enhance the
Promote investment in public
commercial fishery industry.
infrastructure to benefit
Alaska's seafood industry.
'The state should support an
shouldfishersupp infrastructure for the enhancement
of salmon
'Increase access to international markets for Alaska seafood
and seafood products.
V
H
'Enhance promotional, market research and quality assurance pro -
Expand marrketketoopportunities
pp
g grams to encourage value-added product development.
for Alaskan seafood and
seafood products.
�
'Increase state agencies' purchase of Alaska seafood products
by a minimum of Sz per p year over 5 years.
'Expand educational and industrial training programs to promote
a diversity
of fisheries careers.
VI
EDIICbTSCIENCE AND
'Assure that the University of Alaska Fishery Industria'
ECH NOLOG
TECHNOLOGY
Technology Center (FITC) is completely operational wit,
Establish Alaska as a premier
S years.
authority on fisheries through
education, science and tech-
*That t
portion of the state s Raw Fish Tax revenues not allocated`
nologyfor
programs to enhance the
return to coastal communities should be appropriated to
fisheries
fisher
fisheries industry.
management, research, education and marketing
programs in the public and private sectors.
=AS]CS
Change A.S. 38.05.082 to improve long term leasin
commercial operations and mariaculture development.
Procedures for
'Revise A.S. 38.05.085 for termination of leases after the third ea
permittee fails to use the land as required by the lease terms. y r if the
'Remove restrictions on enhancement in National Wildlife Refu e
Wilderness areas. g
'Resolve concerns of Kodiak Island commercial fisherman regardin res
to development in Kodiak National Wildlife Refuge Plan. g frictions
'Remove preclusion of commercial herring fishery in waters of the Nu
I Wilderness of the Yukon Delta National Wildlife Refuge. yak
'Advocate that the granting of foreign fishing permits and joint venture
processing permits be conditioned upon the purchase of goods and services
from Alaskan communities.
-Revise A.S. 16.10.470 to allow state and private non-profit hatcherie
to sell salmon to holders of fish or game farm licenses. s
'Revise A-S. 16.10.445 to state that the source and number of eggs taken
g
from wild stocks by holders of fish or game licenses must be a
the Department of Fish and Game. ppzoved by
'Revise A.S. 16-05.868 to state that ADF�G will ectio perform a health ins
of transported fish. P n
'Create an Aouaculture Council.
'Develop a program which allows sale of prohibited species bvcatch with a
portion of profits going to cove: harvester costs and the remainder to be
appropriated for fisheries data collection and harvest forecasting.
'Provide annual reports and forecasts for each of Alaska's commercial fisheries. .sne_ies.
Identify and implement optimum harvest strategies for the individual
.fisheries of all finish and shellfish.
'Eliminate foreign high -seas interception of Alaska salmon.
"Implement existing draft regulations that define the responsibility
for the Division of Eabitat.
Advocate state water quality standards sufficient to maintain
productive fish habitat:
'Modify the State Investment Tax Credit to include inves
■ariculture projects, tment in
'Establish and improve public support facilities for the groundfish industry
in Western Alaska.
'Lift the moratorium on financing nev hatchery projects through the Fisher
Enhancement Revolving Loan Fund. its
'Advocate that the federal government eliminate directed allocations for
nations that refuse to maintain open markets.
'Advocate that the federal government bilaterally negotiate fair-trade
agreements.
'Provide marketing research information to identify potential areas for new
product development.
Form an industry/agency task force to restructure the state universit
system to create a consolidated network of marine and fisher y
y programs.
?stablish a University of Alaska PhD fisheries program within 2 years.
'Develop and implement a comprehensive marine education program for
grades K through 12.
Assure continued economic support for the Marine Advisory Program to enhanc
its adult education program. e
':feet the FI?C Phase I completion date of December 1987.
Legislative Items for Inmediate Action
Task 1-A-1
- Change A.S. 38.05.082 to improve long-term leasing procedures as they affect commer-
cial operations and mariculture development.
Task I-A-Z
- Revise A.S. 38.05.085 to provide for termination of the lease after the third pear if
the permittee fails to use the land under permit in the manner required by the
terms of the lease.
Task 11-3-1
- Revise A.S. 16.10.470 to allow state and private non-profit hatcheries to sell salmon,
all life stages including eggs, to holders of fish or game farm licenses issued
under A.S. 16.05.340(14).
Task is-3-2
- Revise A.S. 16.10.445 to state that the source and number of eggs taken from wild
stocks by holders of fish or game licenses issued under A.S. 16.05.340(14) must
be approved by the Department of Fish and Game.
Task Z-s-3
- Revise A.S. 16.05.868 to state that the Department of Fish and Game vill perform a
health inspection of fish transported as part of operations licensed and con-
ducted under A.S. 16.05.340(14).
Task Z-:-i
- Create.a Yariculture Council. Responsibilities of the Council should include:
a) Develop procedures for the efficient resolution of disputes and cor-licts
_ among users of aquatic habitat for harvesting, ranching and fish farming;
b) Ascertain the economic impact. of fin fish farming/ranching of salmouids on
the established conercial fishing industry in Alaska;
c) Quantify the biological impact of fin fish farming in terns of pollution,
disease and habitat displacement.
Task M.-3-1 -
modify A.S. 43.75.032 to include investment in mariculture projects.
dd=inistrative Items for Immediate Action
Task z-3-1 -
r
Remove restrictions on enhancement (e.g., lake fertilitatioc: Rarluk, Tustumena) in
National wildlife Refuge ;.'ilderness areas.
Task i 3-Z -
Resolve concerns of commercial fishermen on Kodiak Island regarding restrictions to
developeat in Rodiak National Nildllf a Refuge Plan.
Task 1-B-3 -
Remove reclusion of commercial herring ` � p g fishery in valets of the Pi+inivaic Wilde --mess of
the Yukon Delta National Wildlife Refuge.
Task '-D3 -
Advocate that the federal gover=ent continue its work to eliminate foreign high -seas
interception of Alaska salmon.
Task 11-:-1 -
Implement existing draft regulations which define the parameters of responsibility and
permitting standards for the Division of habitat in the Department of Fish and
Ga=e.
Task IF-:-1 -
Lift the current moratorium on financing new hatchery projects through the Fisheries
Enhancement Revolving Loan Fund, A.S. 16.10.505.
Task F-A-1 -
Advocate that the federal government eliminate directed allocations for nations that
refuse to maintain open markets.
Task -
Advocate that the federal government bilaterally negotiate fair-trade agreements.
Task F=-j-1 -
Form an industry/agency task force to restructure the state university system to
create a more consolidated and comprehensive network of marine and fishery
programs.
?ask QI-a-2 -
Establish a University of Alask PhD fisheries program vithin 2 years.
?ask VI-A-3 -
Develop and implement a comprehensive marine and fishery education program for grades
I through 12 with cooperation between the University of Alaska and the Department
of Education.
Task -
Assure continued economic support for the ?urine Advisory Program to enhance and con-
tinue its adult education program.
Task -
Meet the FZ?C Phase Z completion date of December, 1987.
.ZN F-0 - / (10
STEVE COWPER
GOVERNOR
STATE O F ALAS KA
OFFICE OF THE GOVERNOR
JU NEAU
Mr. William J. Brighton
City Manager
City of Kenai
210 Fidalgo
Kenai, AK 99611
>t
Dear Mc., Br'
23 24 252,E
�cp
FE13 Ncp
c9Y AQ M1
`�" CITY 0? KENAI
`1qo�0000
0168Lq� I
g`��
February 13, 1987
Thank you for providing me with copies of the City's
resolutions opposing recordation of the trade name "Alaskan
Seafood Company" for a Chandler, Arizona corporation, and
supporting the Bradley Lake hydroelectric project and
Railbelt intertie system.
We have already sent a letter regarding the "Alaskan
Seafood Company" and have received word that their appli-
cation has been turned down. With regard to Bradley Lake,
I have instructed the Office of Management and Budget to
perform a review of that project. I expect a report from
them in the next few weeks.
I have forwarded your resolutions to Commissioner Smith of
the Department of Commerce and Economic Development for his
consideration.
Thank you for bringing your cone rns to my attention,
in ely,
St Cowper
Go nor
cc: Commissioner Smith, DCED
CITY OF KENAI
Cala;JovI 4 44"
210 FIDALGO KENAI, ALASKA 89611
TELEPHONE 283 - 7535
February 23, 1987
State of Alaska
Department of Environmental
Conservation
PO Box 1207
Soldotna, AK 99669
ATTENTION: Mr. Paul Horwath
SUBJECT: WATER TO KENAI EAGLES CLUB
Dear Mr. Horwath:
The Council of the City of Kenai, has directed me to contact you
concerning the problem that ADEC is having with the potable water
to the Kenai Eagles Club. In my letter of November 12, 1986, I
mentioned that the City of Kenai gave the Eagles Club assurances
that the City would consider doing the engineering design work
for this waterline extension. I am happy to inform you at this
time that the preliminary design work on this waterline to the
Eagles Club has been completed. The City of Kenai is presently
waiting for the final review from the utility companies. With
warmer weather rapidly approaching it won't be long before the
Eagles Club could extend the Municipal water to meet your
requirements.
The Council of the City of Kenai, is worried that ADEC will
attempt to close down the Eagles Club by not allowing them to use
their water supply because of the distance requirements between
the well and a neighboring septic system. The Eagles Club has
told the City that the water quality produced from their well
meets or exceeds all of the ADEC requirements and that it is only
the separation distances between well/septic system that is the
problem. The Eagles Club has also stated that they would be
willing to undergo additional water testing in order to stay
open.
The City of Kenai is requesting that ADEC work with the Eagles
Club in an effort to keep the club operational. If the City of
Kenai could be of any assistance, please do not hesitate to call.
Sincerely,
Keith Kornelis, Director
Public Works Department
KK/sw
cc: Tommy Thompson, Eagles
November 12, 1986
State of Alaska
Department of Environmental
Conservation
Box 1207
Soldotna, AK 99669
:�C,NF-0 - l7
CITY OF KENA
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
� .-..uW.sr'2!^�niY!;C*�:G.-.w,>.:rii+':!i r11Y"r;; r5....:..+�..,p •./. e�e,�,,, t.. _. ..
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i.
i
.. .. .. rrs+^+w.�y►{wi!��traf-rm"aM�s.a,.r�.�n� •;,:,.r..,w-.......«.::�-�
Attention: Mr. Paul Horwath R
SUBJECT: WATER TO KENAI EAGLES CLUB
Dear Mr. Horwath:
The -Eagles Club in the Cityof Kenai is m
extend the municipal water along arrangements to
system to their building in Thompson
Park. Mr. Tommy Thompson, representingthe Eagles P
t'�.ie City Council and r 9 s Club, talked to
received assurances that the City would
consider doing the engineering design work for this• water line
extension. Unfortunately, because of the design time, review -time
bidding time, etc. the water line can not be
completed before freeze
up.
The City of Kenai is requesting that ADEC lend allowing a helping hand in
this situation by wing the Eagles Club to open their kitchen
facility now using their existingwell. It is •
that the water quality our understanding
q 1 it y meets or exceeds all ADEC requirements a
nd
that the separation distance between the q th
onlyproblem(sincewell/.septic system is the
P opening the new kitchen would ch
ange the
requirements from the
existing conditions).
If the City of Kenai can be of an assistance, , please do not
hesitate to call me
,
Sincerely,
K ith Kornelis, Di ector
Public Works Department
KK/sw
cc: Tommy Thompson, Eagles Club
�--, �� ...� STEVE COWPER, GOVERNOR
'� f �' '�
f
DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES 4111 A VIA TION A VENUE
P.O. BOX 196900
ANCHORAGE, ALASKA 99519-6900
CENTRAL REGION - PLANNING (TELEX 25-185) (907) 266-1462
February 179 1987
RE: Kenai/Soldotna Traffic Study
�81aao Final Draft
Mr. William Brighton FEB I9&7 N
City Manager
City of Kenai CIT Y ADMIN.
210 Fi dal go cP CITY of KENIA1
Kenai Alaska 99611
Dear 'g ton:
Enclosed for your review is the final draft of the Kenai /Soldotna Traffic
Study. Please return your comments on it to me by March 6, 1987. If you have
any questions on this final draft, please contact me at 266-1675 .
JHH/ldm
Enclosure
r Qer�A"�
Sincerely,
6" .-el
M. Murph O'Brien
Project Manager
Kal ifornsky Beach Road is posted 55 MPH, except for a short segment which
is posted 45 MPH near the Sterling Highway in Soldotna. The Kenai River
Crossing Road also is posted 55 MPH, making the Kal ifornsky Beach Road/River
Crossing Road route between Kenai and Soldotna as fast as the Kenai Spur Road
route.
The majority of the local loop and/or dead end roads are posted 30-45 MPH,
with a few roadways posted at 20-25 MPH.
Traffic Volumes
Figure 4 also shows the 1984 Annual Average Traffic Volumes. These
volumes are averages and do not represent worst case conditions which
typically occur on the major roads during the summer months. The discussion
of traffic volumes is useful in identifying major travel patterns within the
study area.
As expected the highest traffic volumes are found on the five -lane road
sections in the business districts of the tw6'c__TtMe`s7 Up to 17,000 vehicles
per da v d were counted on the Kenai Sur Road be een Willow Street and
the Main Street Loop Volumes drop off to less than 9,000 vpd north of
Redoubt Drive. Volumes continue to decrease to the north with 3-4 , 000 vpd at
Nikiski.
East of the Kenai business district, traffic volumes on the Kenai Spur
Road also quickly decrease. This decrease reflects the usage of the Kenai
River Crossing Road/Kal ifornsky Beach Road as an alternative route between
Kenai and So 1 dotna. Near So 1 dotna, traffic volumes on the Kenai Spur Road
increase to 12,000 vpd approaching the Sterling Highway.
The highest traffic volumes on the Sterling Highway are found in the
commercial area with over 15,000 vpd. South of Ka l i f orn sky Beach Road,
traffic volumes decrease to less than 4,000 vpd, again reflecting the
influence of the Kal i fornsky Beach Road route between the cities, Farther to
the south, 1 traffic volumes re le vpd near Pollards Lake.
Daily traffic counts exceeding 7,500 vpd are found on the Sterling Highway
east of the Kenai Spur Road. Significant decreases occur at Mackeys Lake Road
and Forest Lake Road as one travels east from So 1 dotna. East of the Moose
River, 1984 traffic volumes on the -Sterling Highway were only 1, 800 vpd,,
Traffic volumes in 1984 on Kalifornsky Beach Road generally range between
6-8,000 vpd between the Sterling Highway and the Kenai River Crossing Road.
-35 -
Between the Kenai River Crossing Road and Cannery Road, 1984 volumes were
3,800 vpd. South of Cannery Road, traffic volumes are typically in the 1,000-
- 1,200 vpd range.
Funny River Road carried 1,900 vpd immediately east of the Sterling High-
way. These volumes decrease to 500 vpd at the So 1 dotna Airport, Less than
200 vpd were counted in 1984 on the road section near the east end of Funny
River Road.
The smaller roads in the study area typically carry less than 1,500 vpd,
with many of them carrying less than 1,000 vpd. The most significant traffic
volumes on the smaller road system are found on Mackeys Lakes Road and Miller
Loop Road. Both of these roads carried approximately 1,500 vpd in 1984.
Accidents
Figure 6 graphically shows the annual average number of accidents on study
area roadways for between 1983-1985. As would be expected, the highest acci-
dent occurrences are found on the roadways with the highest traffic volumes,
As previously described, these locations are within the commercial areas of
the two cities along the Sterling Highway and the Kenai Spur Road. In
addition to the higher traffic volumes, a lot of turning movements associated
with traffic accessing businesses also was observed in the commercial areas.
The turning movements provide more conflict points which can lead to more
accidents. These road sections have a relatively dense network of driveways
and other roadways intersecting the major streets, which can result in driver
confusion and accidents,
The largest numbers of accidents in the Kenai business district are found
at the major intersections with the Kenai Spur Road, including the intersec-
tion with Main Street Loop, Willows Street, and Beaver Loop Road,
Other locations along the Kenai Spur Road with high numbers of accidents
include:
Intersections:
•
at
Airport Way;
•
at
Marydale Lane;
•
at
Corral Avenue;
•
at
Park Avenue;
•
at
Forest Drive;
•
at
Wildwood Drive;
-36-
Kenai Spur Road - Sterling Highway to Airport Road
This section of road is in generally good condition. The large traffic
volumes (especially within the cities of Soldotna and Kenai) result in delays
for side street traffic and safety problems at major intersections. Specific
concerns include the intersections of the Kenai Spur Road at Birch Street and
at Marydal a Lane in So 1 dotna and at Airport Road in Kenai.
Birch Street and Maryda 1 e Lane provide primary access to the So.i dotna City
Center and Business District, as well as to several schools. Traffic signals
have been evaluated for these locations and appear to be needed at at least
one of the intersections to improve safety and traffic flow. The Maryda 1 e
Lane/Kenai Spur Road intersection appears to be most appropriate given
existing traffic volumes and desired spacing of traffic signals. Pedestrian
crossing zones should also be established in conjunction with future
signal ization.
Airport Road in Kenai serves a growing industrial area and has recently
been widened to allow for future striping as a four -lane road. Accident and
congestion data indicate a need for s i gna l i z at i on of the Airport Road/Kenai
Spur Road intersection in the near future.
Other areas of concern include access to the Kenai Spur Road from major
side streets including Big Eddy Road, Sports Lake Road, Strawberry Road, and
Swires Street. A variety of potential improvements including speed zones,
realignment of intersections, additional signing and illumination have been
evaluated for the corridor*
Kenai Spur Road - Airport Road to Redoubt Avenue
The majority of this section of the Kenai Spur Road is five lanes wide.
Two signals currently provide for traffic control in the Kenai business dis-
trict. Current traffic volumes and ongoing development result in some conges-
tion for traffic accessing the Kenai Spur Road at Main Street and at Airport
Road. Additional signal ization will likely be warranted at these intersec-
tions in the near future. Addition of turn lanes also is recommended at the
intersection of the Spur Road and Redoubt Avenue to better facilitate traffic
movements at that intersection.
Other locations within the city which contains fairly dense single-family
housing are found adjacent to the Kenai Spur Road east of Airport Road. Much
of the development in these areas is in newer subdivisions, which can be
expected to continue to grow. These areas are currently served by sewer or
are planned to be sewered in the future.
Lower density residential areas (2 dwelling units per acre or less) are
primarily located in two areas. One area is located along Beaver Loop Road
east of the Kenai River Crossing Road. The other area is smaller and is
located on the south side of the Kenai River near Cannery Road. These two
areas will tend to have fewer impacts on future traffic volumes and travel
patterns since they tend to develop fairly slowly in terms of total housing
units.
Two major industrial uses are found within the city. Fish processing
industries are located adjacent to the Beaver Loop Road and at the north end
of Cannery Road in the southwest portion of the city. During the past few
years, employment in the fish processing industry has declined. Significant
increases are not expected in the next few years,
Warehousingand airport related industries, '-
p s ryes, such as distribution facili-
ties, �
ties , are found adjacent to the airport just north of the central business
district. This is the most likely y 9 industrial sector to see an significant
growth in the next few years The airport area has been identified as an area
where future industrial development could be promoted by the city. Expansion
of warehousing and other industrial development in the area will require
special attention in defining future road improvements, due to the number of
trucks used in these industries.,
Gravel extraction is the third largest industry within the city. Overall
it is a minor industry and is mostly located along the Beaver Loop Road.
Commercial uses in Kenai have been classified into two categories:
1) highway orientated; and 2) small business, central business district
oriented.
As expected, the majority of the highway oriented commercial uses are
located along the Kenai Spur Road. These uses are expected to continue to
grow at rates proportional to the study area population growth (2-3 percent
per year) . Some of the commerc i al ' expansion along the Kenai Spur Road may
develop to serve the expanding residential neighborhoods, If this occurs,
future traffic growth on the Kenai Spur Road may be somewhat lower since
-55-
convenience shopping trips will be more localized. The -larger centers will
continue to provide comparison shopping and services for residents throughout
the study area. This is especially true for residents north of Kenai*
Two significant commercial developments are of major importance within the
city of Kenai. One is the 100,000 gross square foot Omni Retail Center which
a has recently -been constructed on the south side of the Kenai Spur Road between
o
the River Crossing Road and Airport Road. The second development is a
proposed Fred Meyer's Store on the north side of the Kenai Spur Road west of
Airport Drive, A McDona 1 ds restaurant is across the Kenai Spur
Road from the proposed Fred Meyer Store. These new developments will directly
P
impact traffic flow and safety on the Kenai Spur Road.
The small business or central business district category refers to office,
retail, and service related uses which are located between the Kenai Spur Road
and th
e he airport. These uses are expected to continue to rowproportional
9
with regional population growth. Growth in the business district will focus
traffic on Main Street Loop, Willow Street and Beaver Loop Road and at their
intersections with the Kenai Spur Road.
City of So 1 dotna
So l dotna is situated at the intersection of the Kenai Spur Road and the
Sterling Highway. By virtue of its location at the intersection of the study
area's two main roads, it has developed as a major business center. It is
also located along the Kenai River which provides for recreation and asso-
ciated tourism related activities,
Over half of the land within the corporate boundaries is currently vacant,
much of it restricted by wetlands or steep slopes. The predominant developed
land use is designated as single-family residential, which is expected to
continue to dominate in the future. Future housing growth will, however,
likely include an increasing proportion of multi -family units within the city,
based on recent trends,
The medium to high density housing will continue to locate in the western
part of the city on vacant lands in and around existing neighborhoods. These
areas can readily be served by ut fl i t i es . Growth in these areas will put more
pressure on the intersections of city arterials with the Sterling Highway and
Kenai Spur Road.
-56 -
Nikiski
The unincorporated area north of Kenai is classified mostly rural resi-
dential with small pockets of industrial and commercial development. Much of
the developed areas are located in or around the community of Nikiski. The
eastern half of the area is included in the Kenai National Wildlife Preserve
with the Captain Cook Recreation Area located at the eastern end of the North
Kenai Road. A substantial portion of the area also is covered by lakes or
swampy areas which are not suitable for significant levels of development.
The predominant industrial land uses are oil and gas facilities located
along the North Kenai Road, with spot facilities located throughout the area.
No major new industrial developments are foreseen for the Nikiski area in the
near future, due to current energy prices.
Commercial uses are primarily found at major intersections along the North
Kenai Road. It is difficult to precisely predict future locations for this
type of development throughout the Borough since the Borough does not have a
comprehensive plan. In general, future growth will likely locate near exist-
ing commercial uses or at other major intersections along the North Kenai
Road.
As previously noted, the majority of the commercial growth for the study
area is forecast to locate in Kenai or So 1 dotna since utilities already exist
in the cities. The commercial uses which may develop in the Nikiski area will
most likely be support services for the residential areas, such as small
neighborhood stores, service stations and other types of local serving retail,
Residential uses will continue to develop at low densities due to lack of
utilities. Most likely they will continue to develop in the Nikiski and
Salamatof areas. These areas are convenient to the industrial areas and are
less than 10 miles from Kenai,
Kal ifornsky
The majority of this subarea is vacant with large swampy areas west of the
Sterling Highway. The swampy areas are, however, used for gas wells. The
eastern half is sparsely developed with rural residential uses. The resi-
dential areas are primarily located in small pockets west of the Sterling
Highway such as the Reflection Lakes and Tote Road neighborhoods,
0-
.,• • aON. - I ` r
ANWR Coastal Plain:
A Promising Area for a
Large Oil Discovery
The Coastal Plain of the Arctic Na-
tional Wildlife Refuge in northeastern
Alaska is believed by most geologists
to have the greatest oil potential of
any unexplored onshore region in the
United States. Congressional action
is required before this oil potential can
be assessed by drilling.
The issues and government actions
involved are complex. In order to give
background information for an under-
standing of future developments, this
article summarizes some main aspects
of the situation:
• what the Arctic National Wildlife
Refuge and the Coastal Plain are,
• why the Coastal Plain is believed to
contain large oil reserves,
• Congressional actions required for
exploratory drilling to take place on
the Coastal Plain,
• why inany groups and individuals
believe that the Coastal Plain should
be opened to exploratory drilling,
• environinental issues involved.
The Coastal Plain of the
Arctic National Wildlife Refuge
An area called the Arctic National
Wildlife Range was established by Con-
gress in 1960 with nearly 9 million acres
on Alaska's North Slope. In 1980, Con-
gress doubled the acreage and renamed
the area the Arctic National Wildlife
Refuge (abbreviated ANNN'R and
pronounced "an -water").
AN«'R now is snore than 19 million
acres, which is approximately the size
of the state of South Carolina. The
�c�rthwesterll border of ANWR is 65
files east of the Prudhoe Bay oil field.
In addition to being a refuge for wild-
life, AN«'R is used for recreation,
(Continued on pace 2)
..T. /V r C) ---- I ?
A Research Review Published by
Member Companies of the Lease Planning and Research Committee
Fall 1986 • Volume4, Number
Alaska Clean Seas: An Organization Devoted
to Oil Spill Research, Training, and Response in Alaska
Alaska Clean Seas, a nonprofit organi-
zation sponsored by 15 oil companies, is
devoted to oil spill response in inost off-
shore areas of Alaska. Alaska Clean Seas
has three types of programs:
research and development of better
oil spill cleanup equipment and
techniques. See article beginning on
page 3.
classes for training oil company per-
sonnel in spill response. See chart
on page 5.
purchase and inaintenance of spill
response equipment stored at Prud-
hoe Bay and Dutch Harbor. The
next issue of Alaskan Update will
have an article about this equipment.
The organization began in 1978 un-
der the name of Alaska Beaufort Sea Oil
Spill Response Body (ABSORB). Early
in 1984, the organization was renamed
Alaska Clean Seas, and its scope was
.................
expanded to where it can include all
Alaskan offshore waters. Presently,
Cook Inlet is protected by the Cook
Inlet Response Organization.
Alaska Clean Seas has offices in
Anchorage and employs 12 people,
8 fulltime and about 4 seasonally. Two
staffmeinbers are on duty at all times at
Prudhoe Bay where they lnallltain large
stores of oil spill response equipment
and are prepared to help deploy them
24 hours a day.
To date, there has never been a major
oil spill during exploration drilling and
production activities in offshore Alaska,
so the ACS personnel and equipment
have not had to be used for a major spill.
But the organization does conduct tests
and maneuvers to keen prepared.
The companies that sponsor Alaska
Clean Seas are: Amerada Hess, Amoco,
ARCO, BP Alaska, Chevron, Exxon,
Marathon, Mobil, Phillips, Placid,
(Continued on page 8)
ARCAT 11 is a 6•5- foot catamaran which can skim oil off tvater it, the broken -ice and
open-tvater environment of the Beaufort Sea during summer and fall. 'Phis drip,
nlaintaine[l by Alaska Clean Seas, is on standby at Prudhoe Bail for the unlikely
event of an oil spill. See (article about Alaska Clean Seas on pac;e3.
ANWR Coastal Plain
(Cotitinued from page 1)
native-subslsteiiec, scientific, and
military activities.
Thc- Coastal Plain is less than 8%
of AN \VR and consists of 1.5 million
acres lying along the Beaufort Sea. It
is surrounded on the east and south by
wilderness areas of AN`ti'R. V'rhich are
closed to all development.
Oil Potential of the Coastal Plain
Many government and industry geol-
ogists say that the Coastal Plain is the
most promising onshore area in the
United States for large discoveries of
oil. The Coastal Plain could contain oil
resources of the magnitude of Prudhoe
Bay, the nation's largest oil field. Prud-
hoe Bay also has a similar physical and
biological envirollmeIlt.
This belief in the potential of the
Coastal Plain is based oil geological
studies of rock formations in the area
and on geophysical surveys which use
sound waves generated at the surface of
ALASKAN UPDATE
Published periodically by the
member companies of the Lease
Planning and Research Committee
(LPRC) of the Alaska Oil and Gas
Association (AOGA).
Member companies are:
Amoco Production Company
ARCO Alaska, Inc.
BP Alaska Exploration Inc.
Chevron U.S.A., Inc.
Conoco Inc.
Elf Aquitaine Petroleum
Exxon Company, U.S.A.
Marathon Oil Company
Mobil Oil Corporation
Shell Oil Company
Standard Alaska Production Company
Texaco Inc.
Address correspondence to:
Ray Piper
Editor, Alaskan Update
% Ray Piper Company, Inc.
P. O. Box 270718
11ouston, TX 77277
Mailing list:
Any individual or group may ask to
be placed on the mailing list. There
is no charge. just return the coupon
oil page 8 or send names On the
letterhead of your organization.
the land (seismic exploration) to obtain
a picture of rock formations below.
The U.S. government authorized the
oil industry to collect seismic data oil
the Coastal Plain during the winters of
1984 and 1985. The work was monitored
closely by the U.S. Fish and Wildlife
Service and had no significant Impact Oil
wildlife or habitat. Industry provided
the seismic data to the U. S. Department
of the Interior, which will compile a re-
port oil the Oil and gas potential of
ANWR and the probable impact of oil
exploration and development oil the
environment. DOI is required to sub-
mit the report and its recommendations
to Congress.
U.S. government geologists also
have published reports stating that
the oil potential of the Coastal Plain is
Very Vigil.
The only way to determine whether
petroleum exists there is to drill wells
into the prospects, and such drilling
must be approved by Congress.
Congressional Actions Affecting the
Coastal Plain and Exploration
In 1980, Congress passed the Alaska
National Interest Lands Conservation
Act (ANILCA), which had many pro-
visions in addition to doubling the size
of the refuge and renaming it the Arctic
National Wildlife Refuge. It also classi-
fied 8 million acres of the refuge as a
wilderness area, but specifically ex-
cluded the Coastal Plain area dANWR
from classification as a wilderness. (No
commercial activities such as oil explo-
ration are allowed in a \,wilderness area.)
Congress, recognizing the need to
have more information on the petro-
leum potential of the Coastal Plain, also
included in ANILCA a requirement
that the Department of the Interior
should assess both the petroleum
potential of the Coastal Plain and the
probable environmental impacts of
exploration and production activities.
The Department of the Interior was
directed to report on these matters to
Congress by September 1986.
At this writing, the date when the
DOI report will be presented to Con-
gress is uncertain because of litigation
about whether the development of the
report should be subject to the National
Environmental Policy Act.
After Congress receives the DOI
report, Congress may decide whether
or not to open the Coastal Plain to leas-
ing, exploration drilling, and petroleum
development.
Another Congressional action could
affect the Coastal Plain. In Julie 1986,
Rep. Morris Udall of Arizona and 26
co-sponsors introduced a bill ill the
House of Representatives which «Voiild
designate the Coastal Plain as a wilder-
ness area and thus stop the possibility
of exploration and development. Nvlie»
the House will act oil the bill remain!,
to be determined. Even If the i louse
should pass this bill, the Senate also
must pass it and the President must
sign it before it becomes law.
The passing of this bill before the
DOI submits its report to Congress
would deny the public and Congress
the benefit of the Coastal Plain studies
Which were required by federal law.
Why Many Believe the Coastal Plain
Should Be Opened to Exploration
Although the world has a temporary
oil surplus, which has caused the price
of oil to drop, the United States does
not have an oil surplus.
. The country already imports more
than 40% of its oil, all(] many industry
and government experts are predicting
that the country soon may Import signif-
icantly more. This Illay occur because
low oil prices cause oil companies to
shut in or plug U.S. wells that are un-
profitable at current prices and to
decrease exploration. Logy prices also
cause users to increase consumption.
In addition, the U.S. resources that
already have been discovered are being,
used up faster than they are being
replaced by new discoveries. This de-
pletion of resources is happening in the
lower 48 states as well as in Alaska
where total production from Alaskan oil
fields, including Prudhoe Bay, will be-
gin to decline soon and ,%vill decline to
less than a third of present production
rates by the year 2000.
r
NationNvide, many people involved
in the economy and national defense
believe that importing 40% or more of
our oil is too much and is dangerous for
the economy and security.
First, greater imports increase the
ability of OPEC to control world oil pro-
duction and influence prices. Second,
greater imports increase the balance of
payments deficit, which already is very
high. Third, greater imports leave the
nation relying even more heavily oil oil
from politically unstable countries and
therefore subject to a cutoffof oil sup-
plies crucial to a stable economy and
national defense. r
In addition, malty persons concerned
with the Alaskan economy believe that
finding large new sources of oil ill Alasl
is essential to prevent a serious redtic-
tion in the states economy. The oil
price drop already has had a striking
(Cvntinited on rage 8)
2 Alaskan Update
Alaska Clean Seas: Research and Development for Oil Spitl Response
In addition to inalntaining equip-
lnent and training personnel fior
response to an oil spill in offshore
Alaska, the Alaska Clean Seas organi-
zation conducts research and develop-
Illent NN'Ork toWard illlproviilg response
capabilities, particularly in arctic waters
Where Ice, \\'eather, an(1 remoteness
present probleins.
One early R&D program was the
design and engineering of the ARCAT 11
vessel now operating out of Prudhoe
Bay. Oil companies decided that they
siotild be prepared with a vessel that
could skirl oil offthe water surface in
the broken -ice and open -water environ-
ment of the Beaufort Sea during suln-
mer and fell. The first vessel designed
was it catamaran called ARCAT I. After
the design was analyzed, it \t-as found
to lack some desired features.
Then all improved \'CrSlon \vas de-
signed and built, the 65-foot ARCAT 11
With tWin hulls that resist and minimize
ice forces. Since 1952, ARCAT 11 has
been on standby at Prudhoe Bay, ready
for the unlikely event of an oil spill. A
photograph WARCAT 11 is on page 1.
Following are descriptions of
research projects started in 1985 and
1986. all designed to improve oil spill
response capabilities.
Multiple Boom Plans for Arctic
Waters: Booms may be used to contain
a spill while skimming equipment is
used to recover it.
One problem with it bOOIll is that
some oil can escape underneath when
water currents exceed 1-1.5 knots, and
underflow can occur at even lower cur-
rent speeds as waves become more
severe. Wind -driven, choppy waves
also can cause oil to splash over a booin.
A promisin€; solution involves using a
second boom, labeled "front boom" oil
Diagram 1 below. The purpose of the
second Doom is to buffer the current,
wave action, and moving ice, establish-
ing a quieter environment for the first
boom, labeled "back boom," and the oil
trapped between the two booms.
This project will investigate the de-
sign for the second boom, Including the
necessary strength, size, and spacing,
and will set up deployment guidelines.
It also will examine the whole system
and ways to employ multiple booms.
Assessment of Fire Containment
Booms: One way to dispose of oil spilled
on water is to contain it with a boom and
then to set fire to the oil. A boom can be
used downwind of a drilling structure,
as shown in Diagrain 2 below, or in open
water. As shoN gin in Diagrain 3, two
booms can be used simultaneously to
increase the concentration of oil and
therefore the ainount burned.
A fire contaiIment booin must con-
tain oil in a laver that is thick enough to
burn and also must survive the heat.
This research was conducted to assess
the fire resistance, oil containment
capability, and other characteristics of
boom designs developed by various coin-
panies. Seven boom tests, conducted at
Prudhoe Bay and oil the Kenai Peninsula,
demonstrated that several boom types
will survive a 24-hour exposure to
burning oil.
Air -Deployed Igniters (T«,o
Projects): Oil contained by it booin or
broken ice may be destroyed on the
spot by burning. Efficient techniques
for setting fire to the oil with igniters
dropped from aircraft have been the
subject of much previous research ail(]
development.
Alaska Clean Seas already stocks
a large inventory of igniters that can be
dropped by hand from helicopters.
These were developed by Canadian oil
companies with some financial support
from Alaska Clean Seas and have
proved effective in tests.
Ignition systems under consideration
are varied and ingenious. One has solid
rocket fuel sandwiched between poly-
styrene blocks. Another uses laser
beams. Still another consists of poly-
styrene balls filled with two c'heinlcals
that produce delayed ignition.
Alaska Clean Seas is no«, purchasing
an adaptation of a device used to set
back -fires in fighting forest fires. The
unit is slung on a cable beneath a
helicopter and ejects burning blobs of
gelled hydrocarbon fuel oil the oil.
(Continued on page i)
AREA OF
SHELTERED WATER,
CONTAINMENT
FIRE CONTAINMENT BOOM
CONTAINING OIL
BOOM
THAT HAS ESCAPED
TOW
DRILLING ISLAND
ANCHOR
OVER OR UNDER
BOAT
FRONT BOOM
CONTAINED OIL
CABLE
TO BE BURNED
(TENSION MEMBER)
0
�
BACK BOOM
FRONT BOOM
�
��0�
FIRE CONTAINMENT
BOOMS
OIL COLLECTED
BY BOOM SYSTEM
TOW
'BOA
O\P�G
�.1���
ANCHOR
BEING TOWED
CONTAINMENT
CONTAINED OIL
BOOM
TO BE BURNED
WAND DIRECTION
T
0 Q3
Diagram 1: This special booin configuration may be used to
,)nntainn an oil shill ichenn current and tvaves are strong. The
dtire booin systeni collects the oil. Because of the current and
icavc action, oil may escape over the booin section labeled
"front boon," into the area betiveenn It and the "back booin.,,
But in that sheltere(l area the tvater is quieter and the oil can
he skinntnned off by special skimming e(litipmennt. Diagram 2:
Afire containnient boom can be used to contain oil downnivin(l
of a drilling island so the oil can be destroyed onthe site by
burning. Diagram 3: Ttvo fire containment boonnns can be used
to contain oil antd increase the amount that will be destroyed
by burning.
Alaskan Update 3
This is the eighth in a series of articles
designed to answer basic questions
about the petroleum industry.
These articles mat/ be photocopied
for distribution or use in schools.
Back issues are available.
The series was started because Alas-
katis who attended community con-
ferences held by member companies of
the Lease Planning and Research Com-
mittee said they would like to know
more about the industry and to under-
stand itsjargon.
What Tests Are Made
To Evaluate a Nell?
Several tests are used to tell whether
oil and gas have been found in a well,
and a variety of other tests are used
to determine the likely_ quantity in the
reservoir rock.
Some tests are made awhile drilling is
going on. Others are made in "open
hole" (in a section of hole that has been
drilled, but has not yet been lined with
steel casing).
A record of drilling operations or test
results is called a log. A tool used to
obtain a record also may be called a log,
but its more proper name is sonde (pro-
nounced "solid"), from a French sword
meaning "probe."
Evaluation tools are dropped into a
,well at the end of wire line and there-
fore are called wireline tools or logs.
Tests made while a well is being
drilled are:
rock cores examination of sec-
tions of rock cut out with special
equipment;
rock cuttings examination of rock
pieces created while routine drilling
goes on and carried to the surface in
the drilling fluid (called mud);
mud tests detection of hydrocar-
bons fi-oin the formations which have
been carried to the surface in the
drilling fluid.
Oil or gas found by these tests is
called it shot. Most petroleum reser-
voirs, particularly the large ones, are
revealed by drilling shows. However,
in it few cases, a sizeable petroleum
reservoir will not be detected by these
tests, but «-ill be revealed bN, the wire -
line tests that are conducted in open
hole after drilling has stopped.
How Do They Know Whether a Well
Has Found Petroleum and, If So, the Amount?
Wireline tests are used not only to
detect petroleum, but also to determine
how much may be present in a reservoir.
Wireline record logs look rather
similar although they may record vastly
different aspects: each is a continuous
squiggly line, resembling the records
of earthquakes that we see occasionally
r
on TV news shows. Most wireline tools
(sondes) are similar in external appear-
ance. Thev are sleek tubes about 4
inches in diameter and 5-50 feet long,
but the equipment inside varies accord-
ing to the type of test.
Usually information recorded by a
sonde must be transmitted to the sur-
face by electrical coaxial cable, which
is protected by the steel braid of the
wire line.
Wireline tests may be mechanical,
electrical, nuclear, or acoustic.
Xlechanical tests may be used to de-
termine the depth and direction of the
well. Also, several kinds of tools can
take small rock cores from the wall of
the well. Another tool is used fora wire -
line formation test when petroleum has
been found; the well is allowed to flow
into the tool so a hydrocarbon sample
can be brought to the surface.
Electrical, nuclear, and acoustic tests
are made to determine several charac-
teristics of rock around the wellbore.
Sometimes these can determine
whether petroleum is present that has
not manifested itself as a show. Gener-
ally, however, these tests are used to
estimate how much petroleum is pres-
ent and how much can be recovered.
ROCK
PARTICLE
PORE 4VM
SPACE
Petroleum reservoirs exist in the pore
spaces of porous rocks.
What Data Are Needed
To Estimate the Petroleum
Content of a Reservoir?
Before this question can be an-
swered, some characteristics of the
porous rock that contains a petroleum
reservoir must be explained.
Oil alone, gas alone, or oil and gas
together may be found in the pore
spaces of porous rock: that is, in spaces
existing among the mineral particles.
The diagram below shows rock particles
with the spaces between that are known
as pores.
These spaces also contain «'titer.
Occasionally the water is fresh, but more
commonly it has a content of salts equal
to or greater than that of sea water.
Wireline tests are used to gain two
kinds of necessary information about
reservoir rock:
lithology types of rocks in the hole
that has been drilled;
hydrocarbon type whether oil,
gas, or both.
They also are used to learn about these
factors of the reservoir rock:
• porosity the percentage of the
total rock mass that is pore splice (in
other words, the percentage of the
rock that can contain petroleum);
• permeability the capability of the
rock to release the fluid content of
its pores;
• saturation the percentages of the
porosity that are occupied by oil
and/or gas and water;
• fractionalflow—the percentages
of oil and/or gas and %vtiter that the
well will flowwhen it is brought into
production;
• reservoir thickness average thick-
ness of the productive reservoir rock
as measured in the wellbore; it usu-
ally is assigned to the one -acre area
surrounding the wellbore.
A vast battery of mathematical equa-
tions are used to interpret wireline test
results and to estimate all the preceding
factors that need to be known.
Nevertheless, the equation used
to estimate the most essential bit of
information how much oil is in place
around awell—is a simple one. First,
multiply the fractional porosity- by the
4 Alaskan Update
fractional oil saturation. Then, multiply
the result by the reservoir thickness in
feet and by the number of square feet in
an acre. Last, divide the result by the
number of cubic feet in a barrel. The
final result is the number of barrels of
oil contained below one acre surround-
ing the well.
The amount of oil that eventually can
be recovered from the rock will be far
less, however. Recovery averages only
about a third of the oil in place because
no means vet exist to force all of what
is in the pores out. The various ways
used to remove oil from reservoir rock
when it does not flow out naturally and
to increase the percentage of recovery
will be described in a later article In
this series.
How Do NVireline Tools
Gather These Essential Data?
How some mechanical wireline
tools work already has been explained
briefly. The basic principles ofelectri-
cal, 11rtclear, and acoustic tools are
described in the following paragraphs.
All three types send signals into the
rock and then measure the response.
Electrical tools measure the capa-
bility of reservoir rock to conduct (or
resist) electricity. Rocks and hydrocar-
bons conduct almost no electricity, but
salty water is an excellent conductor, as
most of us have learned the hard way by
touching a damp hand to a light plug.
Measurements of conductivity or resis-
tivity, used along with data on porosity
and salinity of formation water, are
used to calculate the hydrocarbon and
water saturation percentages of a
reservoir.
The first electrical log ever run
in the United States was run by
Schlumberger for Shell Oil in 1929.
Nuclear logging tools are of more
recent vintage. One type sends out
gamma rays and measures their absorp-
tion. Another bombards the rock with
neutrons and measures how the forma-
tion slows down their movement. These
data are used to gain information on
porosity and lithology. Other data on
these two factors also can be obtained
with acoustic tools, which send out
ultrasonic pulses and measure the
refracted signals.
All these sophisticated tools have a
serious limitation. They cannot gather
data very far away from the wellbore.
Electrical tools have a range of'2 inches
to 10 feet away. Nuclear tools have a
6-10 inch Inaximum range, and acoustic
tools have a 1-4 foot maximum range.
In order to know the extent of it wild-
cat petroleum filed, oil companies have
TRAINING FOR OIL COMPANY PERSONNEL IN OIL SPILL RESPONSE:
PROGRAMS PRESENTED BY THE ALASKA CLEAN SEAS ORGANIZATION
Alaska Clean Seas offers the four oil spill response training programs shown in the
righthand columns, covering the subjects listed in the lefthand columns. The sub-
ject level is as follows: 0 indicates basic material and • indicates advanced material.
The programs are presented for- management, technical staff, spill cleanup supervi-
sors, and workers. An article about ACS begins page 1.
g on ig
Winter Summer
Executive Spill Spill Response
Seminar School School Planning
General
Spill response organization
0
•
subjects
Government regulations
0
Safety
Spill prevention
0
Spill response planning
0
Coastal geological processes
0
0
•
Marine environment
0
0
Oil spill
Spill fate and behavior
0
0
0
behavior
Environmental effects
0
0
•
Detection, monitoring,
and tracking
O
0
Computer modeling of
spill path
0
Operations
Oil containment and
recovery
0
Oil transfer, storage,
and disposal
0
Chemical dispersant
application
0
Restoration of environment
Support
\Mobilization of personnel
0
activities
Logistics and
communications
0
•
Wildlife protection
0
0
Bird cleaning
0
Documentation and
public relations
0
Training
Spill reporting concerns
scenarios
Fuel spill scenario
e
Pipeline rupture scenario
Well blowout scenario
0 0
Tanker spill scenario
Training
Marine boom deployment
e
exercises
Shoreline boom deployment
Under -ice spill removal
River boom deployment
0
to drill more swells in the area, called
delineation teells. Because of the lack of
information about geology any distance
away from the wildcat well, those who
decide where to drill these additional
swells need almost as much luck and
educated guesswork as those who
decided 1,where to drill the first well.
Nevertheless, experienced geologists
can infer some likely directions and
extents of the reservoir rock fi-olm the
limited information obtained durilig
evaluation of the first well.
To make a fairly reliable estimate of
oil in place and the amount that can be
recovered from a new oil field, a suit-
able number of delineation wells must
be drilled.■
Alaskan Update 5
The Exxon Ice Island: A Milestone in Man-made Ice Construction
The Exxon ice island, built in the
Beauf'Ort Sea iii 1978— 7 9, was one mile-
stone in oil industry use of man-made
ice in Alaskan construction.
This article discusses construction of
the island and tests conducted before
the island melted. Articles about other
milestone Alaskan projects were in the
Suininer 1986 issue of Alaskan Update.
An article that reviewed all oil industry
uses of inan-made ice in Alaska ap-
peared in the Spring 1986 issue.
Introduction
The project was sponsored by Exxon,
Mobil, Phillips, and Sohio (now named
Standard). Exxon was the operator, so
the island is known as the "Exxon ice
island. " The project is listed as #49 in a
project description book maintained by
the Alaska Oil and. Gas Association.
Objectives were to test three tech-
niques for making ice, to demonstrate
that a grounded ice island could resist
sea ice forces, to determine ice deterio-
ration rates and patterns during the
summer, and to test man-made ice
characteristics.
The island was built in 10 feet of water
about 6 miles northeast of Prudhoe Bay.
When finished, it had a diameter of about
1300 feet and an ice thickness tapering
from about 42 feet at the center to about
13 feet at the perimeter.
Construction took place from
December 2.0, 1978, to April 20, 1979.
Observations of island performance and
deterioration began on April 21, 1979.
The island completely disappeared on
September 12, 1979, after two months
of open water.
Construction of the Island
First, for access to the site, a 6-mile
ice road was built over the sea ice from
Prudhoe Bay. Then the island itself was
constructed by forming man-made ice
on top of the natural sea ice sheet. As
more and more inan-made ice was
added, the sea ice sheet gradually sank
from the weight and grounded the
island firmly on the seafloor. The sea
ice sheet ,%vas about 3 feet thick when
construction began in December, but
grew thicker as the winter progressed.
Three kinds of man-made ice were
api)lied. For short, they were called
Bombardier ice, Center Pivot ice, and
Big Guil ice.
Bombardier ice was used to make the
ice road and the first laver of ice on the
island. It was produced by two 21/2-ton
half-track vehicles with the trademark
name of Bombardier Snowmobile. The
vehicles have a number of other arctic
uses Including school bus, utility vehi-
cle, and ice -fishing vehicle.
The two Bombardiers were equipped
with augers, which drilled holes in the
sea ice and were kept in motion after
the holes were completed. The contin-
uous auger motion carried the sea water
upward to flood an area of the sea ice,
making pumps unnecessary. The
flooded area was allowed to freeze be-
fore more sea water was flooded on top.
Center Pivot ice was made with
equipment adapted from a widely used
agricultural irrigation machine called
the center pivot, which is a huge
rotating -arm sprinkler system. The cen-
ter pivot consisted of tower -supported
spans carrying water pipes and spray
nozzles. Water was supplied from a
pump situated on floating ice away from
the grounded island. The system had
a total length of 633 feet and watered a
diameter of 1300 feet or just over 30
acres. The center pivot ran for 54 days
between February 12 and April 7.
The last ice -making system tried, the
Big Gun, consisted of a high -volume,
gun -type spray nozzle mounted on
a fixed four -legged tower at the center
of the island. Sea water was pumped
through a pipeline from a hole in the ice
outside the island as during the Center
Pivot phase. Ice formed by the Big Gun
was quite different from that made by
the other two systems. It was granular
and porous, resembling hard snow.
Of the total roan -made ice thickness
created for the island, the Center Pivot
system made about 16 feet and the
Bombardier system made about 10 feet.
Big Gun ice buildup varied from, 10 to
16 feet.
Before the Exxon island was built,
Union Oil (now called Unocal) had built
two ice islands in the Beaufort Sea using
the flood -and -freeze technique only.
Exxon's results with the spray -type ice
created by the Center Pivot and Big
Gun systems and other uses of spray ice
in the Canadian and Alaskan arctic led
to construction of two Beaufort Sea
islands built entirely of spray ice: one
by Sohio in 1984-85 and another by
Ainoco in 1985-86.
Tests and Observations
Tests included studies of island
deterioration by erosion and melting;
measurements of ice temperature and
salinity; readings to detect island defor-
mation; and tracking of the sea ice
surrounding the island. Also, laboratory
studies of ice strength, density, and
crystal structure were performed usin
ice cores and blocks extracted from the
island. The laboratory uniaxial com-
pressive strengths varied from 100 to
230 pounds per square inch, depending
on test conditions and techniques.
Tests also were conducted of methods
to protect the island fi-oin erosion and
melting. A protective skirt of plastic
cloth was deployed along the northeast
edge of the island and slowed the dete-
rioration somewhat. A plastic tarp laid
near the center of the island slowed
melting so that the area protected was
about 5 feet higher than the surround-
ing area when the tarp was removed 45
days later.
io assess the effects of the island on
life at the seafloor, a dieing expedition
was carried out before construction and
diving expeditions, photography, and a
variety of tests ,%N•ere used after con-
struction. The elimination oforgaiiisms
appeared to. be temporary and confined
to the area occupied by the island.
Island Deterioration
The island deteriorated after the
breakup season bean by erosion of its
edges and melting of the surface.
Erosion occurred by wave action
with warm surface «-titer undercutting
the side of the ice at the waterline.
Then the overhanging ice above water
cracked and broke downward. and
ledges of undenvater ice broke upward
due to buoyancy forces or disintegrated
in place.
Melting of the island surface started
in mid -May and was most severe at the
end of July. Rates averaged 5-11 inches
per week.
Construction Reports
The numerous ice tests and other tests
that were conducted are summarized in
"Man-made Ice Performance" by Anton
Prodanovic, a paper presented at the
5th International Offshore Mechanics
and Arctic Engineering Symposium,
Tokyo, April 13-18, 1986 (in Procedings
Volume IV, pages 85-95).
More complete details of island con-
struction and ice tests are in the three -
volume report, Ice Island Experittietit,
1980-81, Exxon Production Research
Company. This once -proprietary rei)(,
recently was released froin confidential-
ity and is available to the public at the
Arctic Environmental Inforination an(l
Data Center in Anchorage. 0
6 Alaskan Update
Oil Spill Research
(Continued fr-oin page 3)
A research project begun by Alaska
C'1C all Seas I11 1J5� 9 85 r cr
is Sc.Ckin€, all it.,niter
{design that will be smaller, lighter,
safer, easier to use, less expensive, and
more efficient ill thin or weathered oils.
A 1986 prclject is devoted to the
developillent of evell better ignition
sYstellls, particularly those that do not
involve risk: to personnel because they
require it spark or open Haile oil the r
dephwillg aircraft. Alaska Clean Seas is
conducting field tests tinder a variety of
weather conditions. r
Air Bubble Barriers for Oil Contain-
ment: Because boorlls fir containing oil
are heave, skillful maneuvering by
boats or aircraft is required to get them
into place. A containinent method that
is easier to use would be desirable.
A technique that has been successful
in telllperate chinates converts sea
water into a barrier to contain oil. Hose
or pipe with holes in it to let air pass
through is laid below the surface of the
water, parallel to the surface. Air is
pumped through the.hose and rises to
the surface as bubbles. Because the
bubble -infused water bursting upward
it the surface is higher than the sur-
rounding water surface, it acts as all oil
containment barrier. Also, the rising air
bubbles set up surface water currents
which flow away from the bubbly area
and aid the oil containment.
The top diagrain at the right shows
how this air bubble process works. When
large blocks of sea ice are present, the
hose may be placed much deeper to let
the ice move bv.
This Alaska Clean Seas research proj-
ect was designed to study variations in
behavior of bubble barriers according to
various depths of the bubble -creating
air hose, the capability of a bubble bar-
rier to contain oil in the midst of broken
ice, and the feasibility of using bubble
barriers in arctic waters.
In it test using cottonseed ]lulls
spread oil the water to slllltilate an oil
slick:, the prototype bubble barrier- held
the ]lulls 8-10 feet away in the midst of
a 1-foot harbor wave' chop, it 0. 5-knot
water current) and a 15=knot wind.
Plunging Water Jet Boom: The
research project previously discussed
'NOIVed an air bubble barrier created
it hose beneath the water surface.
This project involves creating the
bubble barrier another way, bydirect-
illg it Jet of water with entrallled air from
a boom above the surface of the water
down into the water. See the bottom
diagram at the right.
Water jets from it V-shape boons sys-
tem mounted in front of the ARCAT II
vessel, pictured oil page 1, Increase its
oil-sklilllning capability. The water jets
also can rinse oil offfloating ice.
This Alaska Clean Seas research proj-
ect assessed different jet designs and
configurations, and provided a guide for
the design of water jet booms. A proto-
type jet -boom system was built from
stainless steel and evaluated in a test
tank, and full-scale tests were performed
in Galveston Bay near Houston, Texas.
Then the equipment was inounted on
ARCAT II, and more tests were con-
ducted last sunllner in Prudhoe Bay.
The system is now operational.
Oil Spill Chemical Application
Manual: One method of dealing with
an oil spill is to spray oil chemicals that
cause the oil to break up into very sinall
droplets that disperse and do little or no
harm to the environment and marine life.
A great deal of information is available
about the use of dispersants and other
spill response chemicals in the arctic,
but this Information has not been com-
piled and condensed into a form that is
easy to use. This project solves that
problem by producing such a manual.
Test of Dispersants in Cold Water:
Laboratory tests in 1980 demonstrated
that the dispersant chemicals stockpiled
by Alaska Clean Seas are effective un-
der arctic conditions, but larger -scale
tests are being carried out to give more
realistic test conditions and to test new
dispersants developed since 1980.
Prudhoe Bay crude oil will be tested in
the Esso Resources Canada xwave basin
in Calgary. Results will be incorporated
in recommended procedures included
in the manual described in the pre-
ceding project write-up.
Shoreline Protection Using Porous
Netting: The most serious damage to
plants and animals during an oil spill
can occur on beaches. The longer oil
remains on a beach, the greater the
potential for dainge. In addition, shore-
line cleanup requires a lot of manpower,
removes a great deal of beach material,
and is slow and costly.
This Alaska Clean .Seas research
investigates all easier and quicker way
to remove oil on a shoreline. Thin, light
sheets of -porous netting would be an-
chored oil the beach at the high tide
level to catch most of the oil. The net
would be of a type that would let water
drain through, but xvould retain the oil
as the tide receded. Then the net would
be rolled up, capturing most of the oil,
but removing little beach inaterial.
This project involves finding lllallu-
facturers «.,ho call product' tilt' netting,
testing the Oil -capturing capacltN- Of
the netting, and testillg lllethods, for
deploying the netting and anchoring it.
The capability of the material to with-
stand cold also Will be tested. Netting
that ininilniZes the possibility of,wildlife
becoming entangled will be sought.
(Continil(ld on page 8)
FLOW OF WATER
WITH AIR BUBBLES
0 o aoo,a
°!°P °°ot -BURNING OIL
•• o
PERMEABLE HOSE
(CROSS-SECTION)
Instead of afire containinent boom, a
barrier made of water created by air
bubbles front a hose below the surface
maid he used to contain an oil spill for
urning. «'lien ice is In-esent, the Bose
inay he placed inuch deeper under the
water silr face to create a barrier that
will contain oil, but let ice niot.:e past.
FLOW OF WATER
WITH AIR BUBBLES BOOM
CROSS-SECTION
NOZZLE
WATER JET
° 'o °' o
o . •
°Oe'0 OIL
A boons above the water stir face and
floating ice creates a harrier to contain
an oil spill by directing a jet (� f water
with entrained air into the sea. Two silch
booms inounted in a 1719 toll flguratlon
in front of ARCAT 11, the oil-.skinnnirzg
catainaran pictured oll page 1, illc.r'ea.sc�
the width of the tvater area that the ves-
sel curl skim to remove arz oil spill, front
6 feat (the distance bettreerz the two hulls
of the catainaran) to about 30-50 feet.
Alaskan Update 7
Contractor Proposals to
Member Companies of LPRC
Contractors who Nvant to present
project proposals to oil companies
that are members of the Lease
Planning and Research Committee
should obtain the most current list
of company representatives from
the Alaska Oil and Gas Association.
Some proposals are not reaching
the proper responsible persons.
The latest LPRC representatives
list can be obtained from AOGA
at 121 «'. Fireweed Lane, Suite
207, Anchorage, Alaska 99503;
phone (90 /) 2 ! 2-1481, attention of
Marilyn Crockett. ■
Oil Spill Research
(Continted from Page
Using Fluorescence To Detect Oil
Under Ice: This Alaska Clean Seas
project aims to find an efficient way to
detect oil trapped within or beneath
sea ice. The detection system will be
based on the fact that crude oil fluo-
resces strongly in the visible spectrum
when it is illuminated with ultraviolet
light. This project will find or develop
a portable device for producing ultra-
violet light intense enough to penetrate
several feet of snow cover and ice. A
portable sensor also will be required.
Ultraviolet light sources and sensors
will be tested with samples of Prudhoe
Bay crude oil placed below samples
of Beaufort Sea ice and snow. Then a
prototype detection system will be
developed and tested. If the prototype
is successful, a unit for field use will
be built. ■
ANWR Coastal Plain
(Continued from page 2)
effect on employment, exploration,
and other operations by oil companies
in the state.
Total production from existing Alaskan
oil fields will decline to about 500,000
barrels per day by the year 2000, further
reducing public and private revenues.
For oil discoveries in the AN«'R Coastal
Plain to help replace this decline, ex-
ploration in ANWR will have to start
soon because it takes 10-15 years from
discovery to first production in frontier
Alaskan regions.
Therefore, the search to find large
new sources of domestic oil now and to
find them in Alaska is supported not
only by the petroleum industry but also
by many other groups and individuals
'% ho are concerned about national
defense, the U. S. economy, and the
Alaskan economy.
Environmental Issues
The main opposition to opening the
Coastal Plain for exploration drilling
comes from environmentalist organiza-
tions '%vhich are concerned about the
impact on wildlife and habitat.
As mentioned, Congress will be
reviewing a Department of the Interior
report, which will assess the environ-
mental impact of exploration and pro-
duction. According to a directive in
the 1980 act, ANILCA, the report is to
consider effects on caribou, wolves,
wolverines, grizzly bears, polar bears,
musk oxen, sea birds, shore birds, and
migratory waterfowl.
The petroleum industry will be pre-
senting information to Congress and
the public about its 40-year record of
scientific and engineering studies and
experience in the arctic, to demonstrate
that the industry can protect the environ-
ment while undertaking development.
The industry will be citing Its
environmental record at nearby Prud-
hoe Bay. For example, the Central
Arctic Caribou herd has coexisted wit!
industry operations, increasing at an
average annual rate of 13% between
1973 and 1982 and at an estimated an-
nual rate of 14-20% since then. The
industry also will be reporting its re-
sponsible,environmental record in rela-
tion to other North Slope oil fields, the
TAPS pipeline, the Cook Inlet area oil
fields, and wildlife refuges in Alaska and
other states.
For example, oil and gas have been
produced safely from the Kenai Na-
tional Wildlife Reftige in south-central
Alaska for more than 25 vears. Oil and
gas also are produced safely froin the
National Audubon Society's Wildlife
Sanctuary in southern Louisiana, the
Aransas National Wildlife Refuge in
Texas, and many others nationwide.
Anvone interested in obtaining more
detailed information about the Coastal
Plain of ANWR should write or call
the Alaska Oil and Gas Association, 121
W. Fireweed Lane #207, Anchorage,
Alaska 99503, phone (907) 272-1481. ■
Alaska Clean Seas
(Continued froin page 1)
Shell, Standard Alaska Production
Company (formerly Sohio), Tenneco,
Texaco, and Unocal.
Alaska Clean Seas equipment and
personnel are available for any spill
resulting from sponsoring company
operations, but also would be made
available to non -sponsors for a fee if
comparable equipment is not available
from commercial sources. ■
I 1
1 Please add the following name to the Alaskan Update Please check appropriate box:
mailing list. Library ❑ Industry ❑ Media ❑ General ❑ 1
1 Government: Civil Servant ❑ or Elected ❑
Name - Academic and Scientific El1
1 1
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1 Organization 1
1 flail to: 1
Address Editor, Alaskan Update 1
1 % Ray Piper Company, Inc.
1 P.O. Box 270718
I City Houston, TX 77277
1 1
1 State Postal Code
1 1
8 Alaskan Update
;2 0
CITY OF KENAI
.1
eapd4d 0 4zadza.
_._ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
February 24, 1987
Tom Boedecker, Borough Attorney
Kenai Peninsula Borough
P.O. Box 850
Soldotna, Alaska 99669
Re: Sales Tax
Dear Tom:
It has recently come to my attention th
at the Borough Assembly
may have waived either penalties or interest in regards egards to past
due sales tax from Thom
p on's Corner. My understanding is -that
the City of Soldotna was not given •
g n an opportunity to comment
on the decision
n of whether or not to waive any amounts which ma
have been due. Y
The City of Kenai is hereby requestingthat
it be given an
opportunity to either be heard or submit materials
the Assembly's taking� in advance of
action on waiving penalties and/or
interest which may be due from business • es situated within the
City of Kenai. Because
of the potential amounts of money which
may be involved in waiving penalties or interests
it should,. at a minimum,the City feels
be informed of actions with respect to
what is essentially City of Kenai money.
Sincerely,
CITE OF KENAI
,4( rT
\\ Tim Rogers
City Attorney
TR/clf
KENAI PENINSULA BOROUGH1'�223 24�5
REGULAR ASSEMBLY MEETING z
MARCH 3, 1987; 7:30 P.M
CP
BOROUGH ADMINISTRATION BUILDING �� �
•r
SOLDOTNA, ALASKA
A G E N D A-
w
A. CALL TO ORDER �C Z
�l Carey Cu
B . PLEDGE OF ALLEGIANCE
C. INVOCATION: Rev. Al Huba, 4 Square Church Soldotna Glick
Keene '
D. ROLL CALL Johnson
McGahan•
E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS McLane
Moore
F. APPROVAL OF MINUTES: February'17, 1987 Mullen
� .Nash
G. COMMITTEE REPORTS T, O'Connell
Phillips -
(a) Finance (Crawford, Carey, O'Connell, Nash, Sewall
Fandel,-Johnson) Skogstad
(b) Lands/Resources (Skogstad, Johnson, McGahan, Walli
Mullen) _.
(c) Legislative/Policies (Glick, Phillips, Care
yr
,.:.
Crawford)
(d) Local Affairs (Moore, Phillips, Fandel
Walli) Mullen,
(e) Public Work-`'�._``,�i• �
s/Education (McLane, Skogstad, Walli,
McGahan, Keene) �
( ) Data Processing (Johnson) `..
H. -MOTIONS TO RECONSIDER :.
I. AGENDA APPROVAL AND CONSENT AGENDA ,. ~
J. ORDINANCE HEARINGS
(a) Ord. 87-9 "Disposal of Borou h Lands to Cit
0 otna for Water Reservoir (Mayor) y-
1. Res. 87-11 "Granting a Utility and Access
asement to the City of Soldotna for the
Purpose of Constructing and Maintaining a
Water Line Within Section 1, T4N, R11W,
Seward Meridian, Alaska" (Mayor)
(b) Ord. 87-13 "Appropriating $45,000 Grant Fund
From t e-State of Alaska to the Bear Creek Fire
Service Area for Equipment Purchases" (Mayor) -
K. INTRODUCTION OF ORDINANCES
(a) Ord. 87-14 "Amending KPB 2.08.022 Regarding Time
Restrictions on Assembly Meetings to Allow the
Continuation of Consideration of an Item of
Business Already Introduced and Under Discussion
or Consideration at the Time of the Midnight
Deadline" (Moore)
(b) Ord. 87-15 "Authorizing the Lease of Borough Patented
Lands to oyd and Sherron Collins for a Shore Fishery
Support Site Located in the Kalifornsky Beach Area"
(Mayor) - .
(c) Ord. 87-16 "Amending the Borough Code of Ordinances
oncerning the Borough of Equalization" (Skogstad)
,;r
L. CONSIDERATION OF RESOLUTIONS
(a) Res. 87-14 "A Resolution Approving the Grant of Public
Access - -cross Borough Approved Lands" (Mayor)
(b) Res. 87-25 "Approving the Award of a Contract to Sand
Construction in the Amount of $79,363.00 for the
Holt/Lam li ht"
Construction of North Fork, Cohoe Loo p g
Road Street Intersection Lighting Project" (Mayor)
4.; J
(c) Res. 87-26 "Urging the Alaska Legislature and the State
o Alaska Administration to Include Start-up and
>;Y
Operational Costs in the FY 87/88 Budget for the Spring`s
Creek Prison" (Glick, Sewall, Skogstad)
t:
(d) Res. 87-27 "Urging Revision of Tenure Laws" (McLane,<
= u en, FFillips, Skogstad, McGahan, Walli)r:
M. PENDING LEGISLATION
(This item lists legislation which will be addressed at a later
time as noted; not for action this meeting.)
(a) Ord. 86-85 "Promoting the Furtherance of Local Hire;
Providing Certain Protections for Subcontractors;
Reducing School Construction Costs; and Providing for
a Construction Ombudsman" (Nash) POSTPONED INDEFINITELY
(b) Ord. 86-94 "Establishing Penalties for Violation of
KPB 4.06.040 Prohibition on Use of Public Monies to
Advocate Passage of a Ballot Proposition" (McGahan)
POSTPONED TO 3/17/87
.(c) Ord. 86-101(WDC SBST) "An Ordinance Relating to the
:
: Siting of Hazardous Waste Management Facilities" (Mayor,
Req. Waste Disposal Cmsn.) POSTPONED TO 4/2/87
(d) Ord. 87-10 "Prohibiting Waivers by the Assembly, Raising
Revenues by Fees, Clarifying Isolated Rentals, Providing
for Rewards, Clarifying Confidentiality of Agreements
-
for Payment and Providing for More Uniform Enforcement of
Sales Tax Ordinances" (Nash) HEARING 3/17/87
(e) Ord. 87-11 "Amending KPB Chapter 5.04 to Provide for
Annual Budgets with Five Year Projections; Charging of
Central Administrative Costs for Schools, Service Areas,
Grants and Non -General Fund Programs to Those Budget
Accounts by Cost Allocation Where Actual Costs Cannot
Be Determined, and Providing for Budgeting by Function
or Program rather than by Line Item" (Nash) HEARING 3/17/87
(f) Ord. 87-12 "Appropriating $100,000 to the South Kenai
Peninsula Road Maintenance Service Area for the Con-
struction of Chakok Road Bridge" (Mayor) HEARING 3/17/87
N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE
MEETING AGENDA
0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT
CONTAINED IN THE ASSEMBLY'S AGENDA
eti
P. MAYOR'S REPORT
Q. OTHER BUSINESS
(a) New Liquor License: Viapan Camp, Tamara Smid, Beluga AK
R. ASSEMBLY AND MAYOR'S COMMENTS
_:._ 1
Ao Pdp"6
KENAI PENINSULA BOROUGH
BOX 850 SOLDOTNA, ALASKA 99669
PHONE 262-4441
STAN THOMPSON
MAYOR
MEMORANDUM
1 .
1i
TO: Stan Thompson, Borough Mayor .y
Sam Best, Administrative Officer
Kenai Peninsula Borough Assembly
Kenai Peninsula Borough Department Heads
Kenai Peninsula Borough Assembly Service Areas MJ
Incorporated Municipalities and Communities
FROM:A ,.Kevin Fenner, Planning Director
SUBJECT: 1987 Kenai Peninsula Borough Special Population Census
DATE: February 25, 1987
Enclosed are preliminary estimates for election precincts (page
1) and service area populations (page�2) based on projections
made from our special census. I am anticipating certification of
the'special census, as shown on page 3, by the Alaska Department
• p
of Community and Regional Affairs in the next several weeks.
Please review the preliminary population estimates shown on pages
1 and 2 and---'-
rour comments, revisions and documentation to
me March 27, 1987 Final Population Estimate will be issued
April is-t--for election precincts and service areas incorporating
p 9
documented adjustments to the preliminary counts.
RF/br
w
b8a &WO
.� >� `: �� FEBRUARY 1987
`'`"� 4i 1987 S SAMPL
+= }w s �ja'1 POPULATION CENSUS
Resource Planning Department of the Kenai Peninsula Borough has
estimated population figures using the results of the Special
Population Census which was conducted January 2, 1987.
To arrive at these estimated figures, a percentage of 13.9% was
applied to the population figures of 1984. This percentage was
determined by the following calculations:
1987 figures - 1984 figure = population increase
population increase : 1984 figure = percentage of change
26,300 - 23,083 = 3,217
3,217 23,083 = 13.9%
Population figures are assembled by election precincts as follows:
POPULATION
Estimated
1982 1984 1987_ Figures
Seward ..............
1,828
2,072
.21400
Bear Creek ..........
829
900
1,025
Moose Pass ..........
315
329
374
Hope ................
139
198
225
Cooper Landing ......
389
352*
402
Sterling ............
1,837
2,459*
21800
Soldotna ............
3,008
31597
3,668
Ridgeway ............
2,071
2,649
3,117**
Kalifornski .........
2,564
3,435
4,002**
Kenai ...............
5,231
6,173
6,546
Salamatof ...........
1,143
1,224
1,3 4
Nikiski 1 ...........
2,014
2,458
2,799
Nikiski 2 ...........
963
1,203
1,365
Tustumena .........:.
1,055
1,445
1,645
Ninilchik .:......... -
623
750
854
Anchor Point ........
1,938
2,071
2,358
Diamond Ridge .......
745
1,071
1,218
Homer ...............
2,897
3,429
4,020
Fritz Creek .........
1,324
1,762
2,006
Seldovia &
surrounding areas..
729
678
678
English Bay .........
139
180
205
Port Graham .........
149
177
202
Tyonek ..............
373
307
307
TOTALS 32,303 38,919 43,612
TOTAL BOROUGH POPULATION - 1982 - 32,303 1984 - 38,919 1987 - 43,612
* These figures have been affected by a boundary change.
** Higher percentage figure due to large growth.
- 1 -
APftt4,N11V4
fty
I. ESTIMATED 1987 KENAI PENINSULA BOROUGH POPULATION = 43,612
II. Road Maintenance Service Areas
1984
Central 91988
North 5,192
South 6,011
East 1,779
22, 970
1987 (13.9% Increase)
11,376
5,914
6,847
?%
26 ,163
III. Other Service Areas (1984 Figures used with a 13.9$
increase)
1-
1987
1.
Anchor Point Fire Service Area
1,438
1,638
2.
Central Kenai Peninsula Hospital
Service Area
22,969
26,162
3.
South Kenai Peninsula Hospital
Service Area
81701
9,910
4.
Nikiski Fire Service
5,154
5,870
5.
Bear Creek Fire Service
824
939
6.
North Kenai Recreation
5,163
51881
7.
Central Peninsula Emergency Medical
Service Area
13,519
15,398
8.
Ridgeway Fire Service Area
2,173
Ridgeway/Sterling Fire Service Area
5,275
9.
Kalifornsky Fire Service Area
4, 077
Prepared:
February 23, 1987
by Kenai Peninsula Borough Resource
Planning
Department
-- 2 -
1987
Kenai Peninsula Borough
Special Sample Population Census
POPULATION SUMMARY BY AREAS
Suburban Area
229371
Rural Area
31492
Tyonek Special Census Area
307
Other Remote Area
130
Urban
City of Homer
4 , 020*
City of Kenai
61546
City of Seward
21400
City of So ldotna
3 , 668
City of Seldovia
678*
Borough Total:
43,612
The city totals with asterisks represent the
totals provided by
the Department of Community and Regional Affairs,
an_d are higher
than those found in the sample census. Since
these rates were
certified higher, we used them in this report
summary,
- 3 -
a:i IVFo-�3
CITY OF KENAI
lielii'W 0 41,4:2�
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
February 27, 1987
MEMORANDUM
TO: Kenai City Council
FROM: Wm. J. Brighton, City Manager
RE: Salamatof Seafoods
To make a long story short, let me describe to you as
members of the Council a bill passed by the legislature
indicating local processors could share in a municipality's
fish tax distribution.
Under present circumstances, the State gets 50% of the fish
tax and local municipalities get 50%, unless local
municipalities are a part of a Borough and then the local
50% share is shared by the Borough and the City. This means
the ultimate outcome is 25% for the City and 25% for the
Borough.
Please find enclosed copies of a letter from Salamatof
Seafoods, Inc., who under the new statute is applying for a
portion of the City of Kenai's fish tax distribution. You
will need to read thoroughly all of the material submitted
with this memo to have a good understanding of the mechanics
that are necessary to comply with Salamatof's request.
It is my intention to request members of the legislature to
submit an amendment to the present distribution formula,
i.e., that the State get 50% of the fish tax, a municipality
shall get 50% of the fish tax; or if the processor is
outside of the City and within a Borough, that the Borough
will get 50% in that case. The amendment would effectively
deny the Borough any distribution of a municipality's share
if the processor is located within a city.
Under existing circumstances, to reiterate one more time,
the State keeps 50%, the City gets 50% and the Borough gets
half of the City's 50%. If the processor happens to be
outside of the City but inside the Borough, then the Borough
shares with the State on a 50-50 basis. It doesn't seem to
me to be fair for a municipality to have to share its
distribution of the fish tax with the Borough since the
Borough provides none of the necessary services for the
function of that facility; therefore the reason for
requesting that the legislature amend the existing statute.
WJB/dg
r'
Salamatof Seafoods Inc.
� P.O. Box 5070 (907) 283-7000
Kenai, Alaska 99611 TLX 26.472
February 10, 1987
Mr. Bill Brighton
City Manager
City of Kenai
210 Fi dal go St.
Kenai, AK 99611
Dear Sir:
On .June 5, 1986 the Governor signed into law a bill
authorizing a fish tax credit for shore —based fisheries
businesses. A copy of the statute is enclosed for your
review.
The law has three basic provisions applicable to
Salamatof Seafoods, Inc.
1) Sec. 43.75.032 (a) A fisheries business is
entitled to a credit of not more than 50 percent
of the business tax liability under AS 43.75.015
for capital expenditures made during the tax year
that: Increase product diversity, or
Increase production effeciency, or
Increase production capacity, or
Improve product quality.
A fisheries business may claim a credit under this
subsection for a maximum period of three
consecutive years. An applicant for the credit
may elect to begin the three year period with any
tax
year from 1987 through 1989.
A tax credit under this subsection may not be
approved for more than 50 percent of a capital
expenditure, plus any increase required under (b)
of this section.
2) Sec. 43975.032 (b) The amount of a credit under
(a) of this section for a capital expenditure
involving a shore —based fisheries business
facility or cooperative seafood industrial park
located or to be located in a municipality shall
be increased by the amount by which the
municipality's business tax refund is reduced
under AS 43.75.130 (c).
3) Sec. 43.75.130 (c) Within 60 days after the
credit is approved under AS 43.75.032 for a
capital expenditure involving a shore —based
fisheries business or qualified seafood industrial
park located in or to be located in a
municipality, the municipality may adopt an
ordinance directing the department to reduce the
municipality's refund under this section over a
period of not more than three years by an amount
not exceeding 25 percent of the capital
expenditure.
Sal amat of Seaf oods, Inc., hereby requests that the City
of Kenai adopt an ordinance directing the Alaska Department
of Revenue to reduce the municipality's refund due under
this section CAS 43.75.130) over a period of not more than
three years by an amount not exceeding_25 percent of the
cap i t a1 expenditure .
Sal amat of has received approval from the State of
Alaska for the installation of a new freezing system. This
Project is estimated to cost $234,400,00, CA copy of the
approval has been delivered to the city offices but an
additional copy is included with this request.)
The total tax credit, from the State will be $117 200.00
The total tax credit from the C-ity would be $ 58 600.00
Attached are two schedules detailing how the credit
would look if spread over the three year period* The fish
tax amounts have been estimated based on prior years
activity and future projections so they should be fairly
accurate.
So that you will have additional information to use in
Your evaluation of this* request we also enc 1 ose a copy of
the justification letter sent tD the State Department of
Revenue.
If there are further questions or -you need additional
information please give me a call at 283-7000 .
Sincerely,
Robert L. Scott, President
Sal amat of Seafoods, Inc*
Sal amat of Seafoods, Inc*
Fish Tax Credit
3 Years 6egining 1987
Total Project Cost 234400
State Credit Limit 0.50
Total Credit Allowed 117200
Municipality Credit 0.25
1/2 of State Pmt .
State Returns 1/2
Max Munic. Credit 58600
Number of
Years in the
Program
Description
------------------------------
No. 1
No*' ,2
No. 3
Total Cr.
Fish Tax.Total
90000
110000
100000
Total State Credit
45000
55000
17200
117200
Total Municipal Cr.
22500
27500
8600
58600
Total —St X .50
Total Credit Allow.
175800
Note: The fish taxes for each fiscal year must be paid
to the State on or before March 31 of the following
year.
Salamatof Seafoods, Inc.
Fish Tax Credit
3 Years Begining 1987
Total Project Cost 234400
State Credit Limit 0.50
Total Credit Allowed 117200
Municipality Credit 0.25
1/2 of State Pmt .
State Returns 1/2
Max Munic. Credit 58600
Number of
Years in the
Program
Description
------------------------------
No. 1
No."�2
No. 3
Total Cr.
Fish Tax Total -
100000
95000
115000
Total State Credit
50000
47500
19700
117200
Total Municipal Cr.
25000
23750
9850
58600
Total —St X .50
Total Credit Allow,
175800
Note: The. fish taxes for each fiscal year must be paid
to the State on or before March 31 of the following
year.
Salamatof Seafoods Inc.
tAL`'-�-._� P.O. Box 5070 (907) 283.7000
Kenai, Alaska 99611 TLX 26.472
November 15, 1986
Mr. Mel Hondolero
Alaska Department of Revenue
Division of Audit
Pouch SA
Juneau, AR
Dear Mr. Hondolero,
Salamatof Seafoods, Inc., is applying for an Alaska Fisheries
ties Business
Tax Credit under the provisions of A.S. 43.75.032.
Salar.1atof
Seafoods, Inc., operates a shore -based facilitywithin thin the
municipality of Kenai, Alaska.
We are seeking approval for a tax credit- based upon improvements
. .P P eats that
will be made to the plant s freezing equipment. The ' • P existing
equipment requires more frequent repairs and is becomingless
effecient each year.
The estimated cost of purchasing and installingthe
new freezing
equipment is $234,400. The installation procedure would begin P egin in late
1986 and would be complete by the start of the 1987 fishing
season.
Our Board of Directors has approved this pro ' ect subject ect to
7 � approval
of the tax credit. The assembly and shipment of the equipment
is a
tire eonsu:: ing process and we need to give the rnar.uf act carer a.. __ rzuch -
ead tir.:e as possible . Since - the entr-project..-- ie - ' cIn -
p 3et-- �ngCs on .the tax
r'red-i t approval we would very much appreciate notification of_
yaurdecisionas quickly as ossble.'
The ins; alZation of this equipment will not onl • i
and productivity� increase the capacity
of the plant i t will improve the quality of our
output. The increased productivity will also generate additional
employment. 9 Clonal
The addition of the proposed freezingequipment '
will benefit the
company in the following areas:
A) Increased effeciency and capacity,
production will increase from 122,000 pounds
per day to 206,000 pounds per day.
Halibut production will increase from 25,000 pounds
per day to 60,000 Founds per day.
Herring production will increase from 70 tons per da
to 103 tons p day, da. P y
B) Increased Quality.
Fish would be frozen faster with less moisture loss.
The racks and trays would be completely
enter P lY cleaned each
time they r the freezing tunnel.
The fish would go directly from the
processing li
ne to
the freezing racks and into the freezing•
will eliminate damage tunnel. This
g due to additional handling.
C) Increase our ability to comp ete.
Herring could be frozen in larger boxes.
would have more o The customer
opportunity to customize his product.
' Larger halibut could be frozen
. Currently we must have
some of the larger fish frozen at another 1 ... p ant . -
During the peak of the salmon season we
would not have to
-send our excess product to another plant '
P for freezing.
D 3 Increased Employment.
Additional employees would be needed to
process and freeze
the product. The increase in the number• of employees is
estimated as follows:
_ shift Secon+ o on the cutting floor: _ - --- _
- Second �i:i -- �� __
S
shift-on freezing. crew: --
Second shift on packing crew: --- - -
-- Second shift o c � .35
n tranasp,.rt crew: 2
Total additional e:^pioyees -- - -
If this tax credit is approved it will allow us to make much needed
improvements to our plant, we are
hopeful that the credit will be
approved and that we can begin the purchase a r •
soon as __ - and construction phases as
Possible,
_.
Thank you for your consideration.
Sincerely,
te
iobert L. Scott, President
Salamatof Seafoods, Inc.
Salamatof Seafoods Inc.
P.O. Box 5070
Kenai, Alaska 99611
• Sel em etof 'Amfoods, Inc.
ALASKA FISHERIES BUSINESS TAX CREDIT APPLICATION
Itemized Statement of Expenditures
(907) 283.7000
TLX 26.472
-Purpose of Expenditure Estimated Date
Amount
Freezer Equipment (CIF)
1 _87
$861500
Freezer Compartment
2_87
$351000
Trolley Equipment
1 _ 87
$71000
Piping and Insulation
1-87
$61000
Electrical
. Installation Labor
3-87 -
3-87
$51500
Insulation (freezer floor)
2-87
.$161600
$3,1000
CustomTrolley Carts (70 ea)
1-87
$70,000
Miscellaneous
scellaneous
3-87
$4,800
Total Expenditures during198 7
$2343400
TOTAL PROJECT EXPENDITURES (form Item 'I'
� .
$2341400
ALASKA DEPAmmENT OF REVENUE
DIVISION OF AUDIT
ALASKA FISHERIES BUSINESS TAX SIT APPLICATIO
N
FOR THE PERIOD
JUL 1 - DEC 31, 1986
Name (Person, firm or corporation)
Sal amatof Seafoods, Inc.
Mailing Address
A.S. 439 759 032
ONE APPLICATION PER -
SHORE -BASED LOCATION
Fisheries Business License Neer
86-0037
Federal EIN or Soc. Sec, Number
PO box 5070
, state Zip Code92-0044846
Ci ty P Kenai, AK 99611 Daytime Telephone N�
mm� - mmmwm---W� I ( ' 9 0 7 283 - 7000
Contact Person: Rob
ert L. Scott or K 1 i e T. Reed
Physical Location of operation: (Note: If operating w' •
dicate the name of the� �9 Rhin a municipality you must in -
municipality) Mile 1.5 Bridge -Access Road Kenai, ena� AK 99611
I. Enter the total actual or estimated value of capital
made or to be made during the P end i tur es
• ng• period July 1, through December 31, 1986 ,R
for which a fisheries business tax credit is be ' :r
application �9 claimed. Attach to
this a
pp on an itemized zed statement which includes the date each
capital expenditure was made or will be made and give '
explanation of haw a brief
the capital t.al
. P expenditure qualifies. (See back of
this page for definition of qualify expenditures)*
� � es) I. $234.2400.00
II. Enter the total dollar value of contributions mad
e to an approved
cooperative seafood industrial park. Enter the name
the approved k, and location of
PP parr
Attach copy of cancelled check or recei t for this
P contribution. II.
Enter the total aoll.ar : : _ _ __
value of contr ibut ions made -to the A.W.
Winn Brindle memorial scholarstA acco - -
P unt.. Attach copy of cancelled ._
check or receipt which documents this contribution
bution.
Under section (b) of Alaska Statute 4
be 3.75.032, the fisheries business tax credit
increased if the municipality r t may
Pa y requests the Department of Revenue to reduce th
amount of shared revenues they would norma1.1. receive. ' e
increase a Dopy of this application y 1Ve• TO apply for this credit
• .pp is
must be submitted to the municipality with' days after this application is submitted P �' In 10
to the De t of Revenue,
Application for credit; OFFICE TJSE ONLY
Approved: Yes No
Date: Audit Appeals
Disapproved, Date:
Enforcement -
Public Service Licensing
FOR FURTHER INFORMATION CONTACT
FISHERIES & MINING TAX UNIT
(907) 465-2371
SnW COWPFX COVFRNOR
v �•.. \ f tj �� r
DEPARTMENT OF REVENUE
ELEVENTH FLOOR
STATE OFFICE BUILDING
PO UCH SA
• •' ' JUNEA U, A LASKA 99811
January 15, 1987
44
• y• '.� '. • is •• �:• ?1' • � ~�. •A
'•7: - Salamatof Seafoods, Inc.
• P.O. Box 5070
Kenai, Alaska - 99611
•;_ Dear Mr. Scott: -
'Your application ion •. • . - pp received for the Alaska Fisheries Business Tax Credit for the _
• • tax year 1987 applicable to the Kenai facility has been approved.
Please note that this approval extends only to those capital expenditures
listed on your original credit.' application. You must complete a second econd c r ed i t
application for additional capital expenditures for which you may want to
claim credit, y
Enclosed is a copy of the emergency regulation relating to the definition . cy e'9 ng f ini t ion of
capital expenditures. The Department of Commerce and Economic Development
adopted this regulation ion which took effect • e'9 a ect December 16, 1986. In addition the -
Department of Revenue is drafting regulations to further clarify the Fisheries
Business Tax Credit.
Please contact me at the telephone number listed below if you have any
questions or need additional information or assistance.
Sincerely,
Steve Kettel
Chief of Audit Services
Audit Division
(907) 465-2371
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CITY OF KENAI
0
eapiW 4 4 ad
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Wm, J. Brighton, City Manager
City of Kenai
v '
FROM: J. Ron Sutcliffe, Legal Assistant
City of Kenai
DATE: February 12, 1987
RE: Salamatof Seafoods/Fisheries Business Tax Credit
You have requested the Legal Department to review Title 43,
.Chapter 75 of the Alaska Statutes -to determine what effect
Salamatof, Seafoods' application for a fisheries business tax
credit will have upon the revenues of the City. I should first
point out that the Legal Department is not equipped to crunch the
-- ;numbers, nor does it have the actual numbers which would be
needed to. determine the tax liability. Nonetheless, I can give
you an overview of how Chapter 75 works, or more importantly, how
the Department of Revenue thinks it works.
To understand how the Department of Revenue- applies the business
tax credit, it is necessary to understand how the various
statutes within Chapter 75 relate to each other and how the
general.tax is levied. As you know, there is a fisheries
business tax levied under the provisions of AS 43.75.015. It is
unimportant how this is done, but it does get done and this gives
a base figure of tax liability for the fish processor. If the
processor does not apply for a business tax credit under the
provisions of AS 43.75.032, a refund is made to local governments
out of the tax liability, according to the provisions of AS
43.75.130. Generally, the tax liability of the processor is
refunded in the amount of 25% to the City, 25% to the Borough in
the case of the Kenai Peninsula Borough, and the State keeps the
other 50% .
...,Under AS 43.75.032, a fisheries business can apply 1 for a credit
of not more that 50% of their tax liability. There is some
requirements that the improvements increase product diversity,
et.c. I do not think that there is any argument that Salamatof
does not qualify for the tax credit because the Department of
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the State (this ignores any interest may the Borough have in our
particular case'). It is my understanding now that f the City
did not, within sixty days after the credit was approved, enact
an ordinance reducing the municipality's refund, then the City
would continue to receive its twenty-five percent. In essence,
the tax credit would simply be subtracted from the State's share.
If, however, the City did exercise the option under
P AS
43.75.130 (c) , and reduce its refund by twenty-f ive percent of the
10
capital expenditure U.e.,
$ 000 ), then the City would end up
with a refund of $15 , 000 .
The $10,000 the City elected not to receive is then subject to
43.75.032(b). Essentially, the a � AS
mount of credit the business was
originally entitled to under AS 43.75.032(a) (i.e., $20 000
is
increased by $10,000. The business ends up with a
$30,000
credit. Because the State only received $25,000 as its portion
of the fish tax to begin with, the State P n
would lose its $25,000
and the business would be entitled to carry over $5,000 worth of
credit to the next year.
1In reality, the City splits the refund 5
0/50 with the
Borough.
3
Revenue has approved the application. Within ten (10) days of
submitting its application for the credit, the processor must
send a copy of the application to the municipality. I have no
idea if this has been done in this case. If it was not done, the
City could, perhaps, challenge the credit, but as will be shown
below, there may be no reason why the City would want to
challenge the credit.
If the credit is approved, within 60 days of that approval, a
city may adopt an ordinance, under the provisions of AS
43.75.130(c), reducing its refund. The refund may not be reduced
for more than three (3) years, or by an amount exceeding 25% of
the capital expenditure. What this means is that the processor
gets up to a 25% increase in its credit.
The bottom line in all of this (at least according to the
Department of Revenue) is that if the City does not want to
decrease its refund, it simply need not adopt an ordinance
reducing the refund. While the Department of Revenue seems to
think it works this way, and a confirmatory letter has been sent
to the Department (attached) asking them if the system in fact
works this way, I am not yet convinced that it does work this
way.
The processor is essentially entitled to a "credit." In my
experience, this suggests a before tax reduction in the
liability. It is not in the nature of a deduction. Accordingly,
if a processor did get a "credit," the City's refund would be
reduced. Fortunately, the Department of Revenue does not
interpret the system this way.
In the abstract, this is difficult to comprehend. The following
example is how the system works, or at least how the Department
of revenue thinks it works:
The example the Department of Revenue gave us indicated a fish
processor with a $50,000 tax liability. The processor then had a
capital expenditure of $40,000, The credit can only, be up to
$25,000, i.e. fifty percent, of the $50,000 tax liability. This
is the upper ceiling. Because the capital expenditure was
$40,000, the maximum credit available would be $20,000 in the
example.
Normally, it was suggested, if there are no tax credits applied
for, the Department of Revenue would split the $50,000 liability
with approximately $25,000 going to the City and $25,000 going to
2
credit being approved. The letter from Mr. Steve Kettel, Chief
of Audit Services Division, Department of Revenue, which approved
the credit is dated January 15, 1987. Accordingly, the City
would have until March 16, 1987 to adopt an ordinance under the
provisions of AS 43.75.130(c).
The term "adopt" as applied to ordinances is usually defined as
"to accept, consent to, and put into effective operation; as in
the case of a constitutional amendment, ordinance, court rule or
by-law" (see Black's Law Dictionary). In other words, under the
provisions of AS 43.75.130(c), the City of Kenai would need to
actually put the ordinance into effective operation. This means
pass the ordinance and have it become effective.
In this case, Salamatof Seafoods requested in writing that the
City pass such an ordinance on February 10, 1987. The Legal
Department responded with an initial memorandum on February 12,
1987. If the ordinance were introduced on March 4, 1987, which
is the next available date, the ordinance could not be put into
effect until after March 16, 1987, the last day upon which the
ordinance can become operative under the provisions of AS
43.75.130 (c) .
The suggestion might be made that the „ordinance could be passed
as an emergency ordinance. The City of Kenai Charter provides at
Section 3-13 for emergency ordinances. In order for an ordinance
to pass under this emergency clause, the ordinance must be in the
judgment of the Council, necessary for the immediate preservation
of the public peace, health, or safety. On its face, the
proposed ordinance would not appear to conform to one of the
emergency categories listed in the Charter. It has been ruled
that courts have the power to declare void emergency ordinances
where no emergency actually exists. Joplin v. Ten Brook, 124
.Oregon 36, 263 P.2d 893.
Generally, an "emergency" has been defined to be, "[a]n
unforeseen occurrence or condition calling for immediate action;
exigency; a crisis; or a time of difficulty or danger. The
purposes of emergency legislation is to enable the legislative
body to provide immediate action in order
condition or situation which is of such
its attention, when to postpone such an
serious injury or damage to the people,
community directly concerned." See
Municipal Corporations, §15.40 at 114.
to prevent or remedy a
nature that it demands
action would result in
the government, or the
generally, McQuillin's
The immediate case does not appear to be a crisis or an exigency
in that there is no danger posed to the community by the failure
2
CITY OF 'KENAI
„ail Cap 0 4 4 ad„
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
MEMORANDUM
TO: Wm. J. Brighton, City Manager
City of Kenai
FROM: J.-Ron Sutcliffe, Legal Assistant ni�5.
City of Kenai
DATE: February 24, 1987
RE: Salamatof Seafoods/Fisheries Business Tax Credit
Following the Legal Department's memo of February12 19
requested additional information, � 87.-you
Zon. You asked whether the statutes
relating to the Fisheries Business Tax Credit (AS 43.75 .032 et
seq.) provide for a method whereby the Borough can also incr
ease
the fish processor's credit. You also wanted to know wh
at the
actual figures would be for the credits given the information
supplied to you by Salamatof Seafoods.
The answers to the above -questions are given -
belo
w ow and
accompanied by several graphs and a spreadsheet. The answers are
however, in my opinion, moot. At this late date the
City may
not be able to pass the appropriate ordinance under
43.75.130 (c) . AS
AS 4 3.7 5.13 0 (c ) provides that,
"Within sixty days after a credit is approved under AS
43.75.032 for a capital expenditure involving a shore -
based fisheries business facility or a cooperative
seafoodpark industrial ark locate p
d or to be located in a
municipality, the municipality may adopt an ordinance
directing the department to reduce the municipality's
refund under this section over a period of not more
than three years by an amount, not exceeding twenty-five y e
percent of the capital expenditure." Citations
omitted.
The provisions of this statute and subsection are vet
t the ordinance Y clear that
the City must adopt ance within the sixty days of the
Borough to add an additional credit, they would have had to
delineate the Borough specifically, as many of the municipalities
P ties
are located in boroughs. Accordingly, I would conclude that the.
Borough is not authorized under the provisions of the Fisheries
Taxes, Chapter 75 to enhance the processors tax credit.
JRS/clf
Attachments
4
of the City Council to pass such an ordinance. The proposed
ordinance does not deal with a natural disaster and/or man-made
disaster. Nonetheless, it has also been held that the
determination of whether an emergency exists so as to make the
ordinance effective at once or within a short period, rests
primarily, if not exclusively, in the judgment of the legislative
body. Id at 114. "However, even in some of these jurisdictions,
an emergency declaration is not binding where it is apparent from
the ordinance itself that an emergency does not and could not
exist." Id at 115. Finally, where the proposed ordinance is not
within the instances enumerated in the Charter or where no
emergency exists, the ordinance would be subject to judicial
review. Id at 115.
The question of whether the City Council's declaration of an
emergency would be held binding regardless of the exigent
circumstances is an open question in Alaska. Given the strong
language in the Charter which apparently limits the emergency to
health/safety types of emergencies, it is likely that a court
would not uphold a City Council's declaration of an emergency in
a case which related to taxes. To avoid the possibility of
judicial review, the best possible approach would be to find that,
an emergency does not exist and hence the ordinance cannot be
passed at this time.
If the. Council did wish to go forward with the ordinance, I have
with the help of Finance worked out the figures on the attached
spreadsheet and graphs. I want to emphasize that we have nothing
in writing from the Department of Revenue and that no
regulations, pamphlets or anything exist to explain -this statute.
The figures represent at best, how we interpret the statute. The
Department of Revenue is not bound by our interpretation. As you
can see, if the City enacted a twenty-five percent (25%)'
ordinance under the provisions of AS 43.75.130(c), the City would
lose approximately $58,500 over a period of two years.
As to the Borough's ability to enact an ordinance chipping in a
portion of their share of the refund, there does not appear to be
any authority for that. AS 43.75.130 speaks in terms of
municipalities and specifically did not delineate boroughs as a
separate entity. If under subsection (c), the intent of the
legislation was to allow boroughs as well as municipalities
p ies to
aid in the credit to the processor, the legislature would have
included the term "borough." It is also important to note that
under AS 43.75.032(b), the statute refers to processors located
in municipalities. If the legislation had intended to allow the
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CITY OF KENAI
%%Oid 62apd,-VI 4 44u4a it
210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283 - 7535
February 27, 1987
MEMORANDUM
TO: Mayor Williams and Kenai City Council
FROM: Randy Ernst, Airport Manager
RE: Long -Term Tiedown Management Plan
Attached please find a copy of the projected management plan
for the new tiedown apron at the south end of the airport.
The tiedown fee was derived from a composite of fees charged
in the Kenai, Soldotna, and Anchorage areas.
The keycard and electrical fees were set by taking into
consideration administration, replacement and user costs.
The "Revocable Aircraft Tiedown Permit" is a modification of
the permit that is used at the Merrill Field Municipal
Airport in Anchorage and has been approved by our legal
department. This plan will be submitted to the newly formed
Airport Commission for any additions or modifications prior
to the Council's final approval.
RE/dg
Attachments
KENAI MUNICIPAL AIRPORT
City of Kenai
LONG TERM AIRCRAFT TIEDOWN APRON
MANAGEMENT PLAN
KENAI MUNICIPAL AIRPORT
Long Term Aircraft Tiedown Apron
Location & Size: The Kenai Municipal Airport long term
tiedown area is located to the south of the airport and west
of the secondary taxiway Alpha 3. The tiedown area is
approximately 250 feet by 500 feet with dual. taxiway access
to Alpha 3 taxiway. The tiedown area is designed to
accommodate forty (40) aircraft in a tail to tail tiedown
configuration.
Aircraft Size: Tiedown spaces are limited to privately
owned single engine aircraft having an overall wing span not
to exceed 36 feet.
Tiedown Space Request: A list of persons wishing to lease a
space in the tiedown area is kept in the Airport Manager's
office. Permits will be issued ocome-first n o f irs t serve
basis.
Tiedown Permit. Persons requesting tiedown space must sign
a -Kenai Municipal Airport "Revocable Aircraft Tiedown
Permit".
Cost & Billing: The cost per tiedown space will be set at
$40.00 per month plus sales tax. Payment shall be made
quarterly and in advance. Tiedown spaces rented prior to
the end of the quarter shall be prorated to the end of the
current quarter and a prorata refund, if applicable, shall
be paid upon termination of permit.
Vehicular Access & Parking: Tiedown permit holder will
access the aircraft tiedown area via the First Street
"keycard" gate. Each permit holder will be issued a keycard
to open the gate to gain access to the tiedown area. A
$20.00 fee shall be charged for any lost or damaged cards.
All keycards must be returned upon termination of permit. A
gravel vehicular parking lot is located at the southwest
corner of the aircraft tiedown area. Vehicles may be driven
to the owners aircraft for loading and unloading, but then
must be parked in the parking lot.
Electrical Outlets: Electrical outlets located at the west
side of the tiedown area shall be available to permit
holders. A flat use fee of $10.00 will be charged for 1 to
24 hours use of the outlet. A signout sheet for the key to
unlock the outlet box is located at the Airport Manager's
office.
Snow Removal and Maintenance: The City will remove the snow
between the tiedown rows and the dual taxiways leading to
Alpha 3. It will be the responsibility of the permit holder
to keep the tiedown anchors free of snow and ice. The City
will not be responsible for electrical cords damaged during
snow removal.
Documents: The following documents are attached:
1. Kenai Municipal Airport Revocable Aircraft Tiedown
Permit.
2. Kenai Municipal Airport Long Term Aircraft Tiedown
Apron Layout.
2
AREA
SPACE NO.
s
NAME:
ADDRESS:
TELEPHONE: Business
Home
REVOCABLE AIRCRAFT TIE -DOWN PERMIT
KENAI MUNICIPAL AIRPORT
CITY OF KENAI
The parties agree as follows:
Section 1. Definitions. The following definitions shall apply herein:
A. "City" means the City of Kenai.
B. "Permittee" means -
C. "Tie -down Space" means tie -down area space ,
Kenai Airport.
Section 2. Term. This permit shall be effective from the day of
19 until terminated by either party in accordance with
Section 5.
Section 3. Fees. The Permittee shall pay to the City a monthly fee
during the term of this permit in the amount of $40.00, plus applicable
sales tax. Such fee shall be paid quarterly and in advance without
notice or demand at the City Administration Building, City of Kenai, 210
Fidalgo, Kenai, Alaska 99611. Failure of the Permittee to promptly pay
in advance shall subject the aircraft to impoundment in the manner
provided of Kenai Municipal Code Airport Regulations 5.050-5.090,
including the imposition of impoundment and storage fees.
Section 4. Aircraft Identification. The aircraft which the Permittee
may park at the tie -down space pursuant to this permit is described as
follows: A. Type: , B. Model:
C. Number: The Permittee shall not place or allow
another to place any aircraft other than the one described above at the
tie -down space without first presenting proof satisfactory to the
Airport Manager that the Permittee owns it and amending this section to
reflect such change.
Section 5. Termination. Either party may terminate this agreement for
any reason upon ten days written notice to the other party. Upon
termination, the Permittee shall receive a prorata refund of the rent
paid pursuant to Section 3. The Permittee shall remove the aircraft
from the tie -down space no later than the effective date of termination.
Thereafter, the City may remove and store the aircraft at the expense of
the Permittee in accordance with Kenai Municipal Code Airport
Regulations 5.080.
Section 6. Liability. The Permittee shall defend, save, hold harmless,
and indemnify the City from any claim or action for injury to persons or
property from any cause related to the Permittee's use of the tie -down
space. The Permittee shall hold the City harmless for any damage
sustained to the aircraft parked in the tie -down space or to any other
property of the Permittee or to the Permittee from any cause other than
the sole negligence of the City.
Section 7. Permitted Use. The Permittee shall use the tie -down space
for no purpose other than non-commercial storage and parking of
aircraft. The Permittee shall not use the tie -down space nor permit
another to use the tie -down space for any purpose that may constitute a
nuisance, fire hazard or violation of any law, lawful order, rule, or
regulation of the Airport Manager.
Section 8. Assignment. This permit may not be assigned and any attempt
by the Permittee to do so shall be null and void. If the Permittee
transfers title to the aircraft described in Section 4, the City shall,
upon request of the Permittee, transfer this permit to the person to
whom title of the aircraft has been transferred, provided that the
transferee executes a permit for the tie -down space in his name at that
time.
Section 9. Safe use of the Tie -Down Space. The Permittee shall use the
tie -down space in a safe manner by adequately securing the aircraft when
it is stationary and by moving it to and from the tie -down space in a
safe manner. The Permittee shall be responsible for keeping the
tie -down anchors free of snow and ice.
Section 10. Jurisdiction. Any civil action brought by either party
under this permit shall be commended and maintained in the District or
Superior Court, Third Judicial District, Kenai, Alaska.
Section 11. Integration. This instrument and all appendices and
amendments hereto embody the entire agreement of the parties. There are
no promises, terms, conditions or obligations other than those contained
herein; and this agreement shall supersede all previous communications,
representations, or agreements, either oral or written, between the
parties hereto.
Section 12. Compliance with Law. Permittee shall take action pursuant
to this permit only in accordance with all applicable statutes,
ordinances, rules, regulations and laws and acknowledges in particular
the applicability of the Airport Regulations, Kenai Municipal Code to
activities at the airport.
Dated at Kenai, Alaska, this day of 19
CITY OF KENAI PERMITTEE
Wm. J. Brighton
City Manager
Name
Al
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Introduced: 2/20/87 5-0187A
Referred: Labor & Commerce 1`
Judiciary and Finance
BY DONLEY BOYER, BROWN, CATO,
COTTEN, DAVIDSON, DAVIS, ELLIS,
FRANK, DOLL, GRUENBERG, HOFFMAN,
KOPONEN, MILLER, NAVARRE, SUND,
1 IN THE HOUSE SWACKHAMMER AND GRU S S ENDORF
2 HOUSE BILL NO. 145
3 IN THE LEGISLATURE OF THE STATE OF ALASKA
4 FIFTEENTH LEGISLATURE — FIRST SESSION
5 A BILL
6 For an Act entitled: "An Act relating to resident employment preferences
7 on certain natural resource projects on state land;
8 and providing for an effective date."
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
10 - Section 1. AS 38 is amended by adding a new chapter to read:
11 CHAPTER 45. RESIDENT EMPLOYMENT PREFERENCE UNDER STATE LEASES.
12 ARTICLE 1. HIRING PREFERENCE.
13 Sec. 38.45.010. STATE POLICY. It is the policy of the state to
14 develop its natural resources to provide the maximum- benefit to the
15 people of the state as required by the Constitution of the State of
16 Alaska. These benefits include employment opportunities in natural
17 resource development projects for residents qualified for the employ-
18 ment, as well as receipt of state revenue from the development.
19 Sec. 38.45.020. LEGISLATIVE FINDINGS. The legislature finds:
20 (1) the findings made in AS 36.10.005 continue to accurate-
21 ly describe the social, economic, and employment situation in the
22 state;
23 (2) chronic unemployment can breed severe social problems
24 including alcoholism and domestic violence;
25 ( 3 ) the findings of the Department of Labor of the State of
26 Alaska in its report entitled "Nonresidents Working in Alaska in 1985"
27 support the need for a .resident hiring preference;
28 (4) there is a need for timely, accurate information on the
29 number of nonresident and •resident workers in industries in the state;
HBO145A -1- HB 145
1 (5) the. state has a continuing interest in • determining
2 whether indirect benefits, including employment opportunities, from
3 state expenditures, natural resource projects, and agreements concern-
4 ing the state's natural resources accrue to residents of the state or
5 to nonresidents,
6 ( 6 ) a major factor in the unemployment problem is the
7 failure of some employers engaged in the exploration, development, and
8 production of natural resources on state land, and under leases or
9 other agreements granted or permitted by -the state, to employ state
10 residents;
11 (7) whereas -at an earlier stage of the state's history it
12 was asserted that high unemployment in the state was due to cultural
13 and geographical migration barriers, the state now has many residents
14 who are qualified, trained, and available for employment in the explo
15 ration, development, production, and extraction of natural resources
16., on state land;
17 (8) the state has made significant investments in training
18 programs and vocational education to help furnish industry with qual-
19 ifiedresidents able to work in the development, exploration, produc
20 tion, and extraction of natural resource products on state land;
21.. (9) the state's investment in these training and education
22 programs will be of little avail unless state residents receive em-
23 ployment opportunities in natural resource projects on state land;
24 (10) employment of nonresidents displaces qualified resi-
25 dents from work in the development, exploration, production, and
26 extraction of natural resource products on state land; therefore, the
27 number of nonresidents hired for work on state land in the develop
28 ment, exploration, production, and extraction of state resources is a.
29 peculiar source of the unemployment problem now besetting the state;
HB 145 -2- HBO145A
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(11) the number of state residents who are unable to find
work is considerably higher than is reflected by unemployment rates
based on nationally accepted measures,
(12) many rural state residents who wish to work do not seek
employment as frequently as necessary to meet federal definitions of
unemployment because of continuing lack of employment opportunities in
rural areas of the state.
Sec. 38.45.030. UNAVAILABILITY OF PREFERRED WORKERS. (a) An
employer subject to hiring requirements under this chapter may request
the Department of Labor to assist in locating qualified, eligible
employees under AS 36.10.070. After receiving a request for assis-
tance, the department shall refer qualified, eligible, available
residents to the,employer to fill the employer's hiring needs.
(b ) If the department is unable to refer a sufficient number of
qualified, eligible, available residents able to perform the work, the
commissioner of labor may approve the hiring of residents who are not
eligible for preference and nonresidents for the balance of the re-
quest.
Sec. 38.45.040. REGULATIONS. The commissioner of labor shall
adopt regulations in accordance with AS 44.62 (Administrative Proce-
dure Act) to implement this chapter and encourage and require the
hiring of residents to the maximum extent permitted by law.
Sec. 38.45.050. PREFERENCE IN ZONE OF UNDEREMPLOYMENT. (a)
Immediately following a determination by the commissioner of labor
that a zone of underemployment exists, and for the next two fiscal
years after the determination, qualified residents who are eligible
under AS 36.10.140 shall be given preference in hiring for work on
each natural resource project on state land that is wholly or partial-
ly sited within the zone. The preference applies on a craft -by -craft
HB0145A
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HB 145
1 or occupational basis.
2 (b) The commissioner of labor "shall determine the amount of work
3 that must be performed under this section by qualified residents who
4 are eligible for7an employment preference under AS 36.10.140. In
5 ..making this determination, the commissioner shall consider the nature
6 of the work, the classification of workers, availability of eligible
7 residents, and the willingness of eligible residents to perform the
8 work.
9 (c) The commissioner shall determine that a zone of underemploy
10 ment exists if the commissioner finds that
11 (1) the rate'of unemployment within the zone is s'ubstan-
12 tially higher than the national rate of unemployment;,
13 (2) a substantial number of residents in the zone have
14 experience or training in occupations that would be employed on a
15 project;
16 (3 ) the lack: of employment opportunities in the zone has
17 substantially 'contributed to -serious social or economic problems in
18 the zone; and
19 (4) employment of workers who are not residents is a pecu-
20 liar source of the unemployment of residents Hof the zone.
21 Sec. 38.45.060. PREFERENCE IN ECONOMICALLY DISTRESSED ZONE. The
22 hiring preference established in AS 36.10.160 for residents of an
23 economically distressed zone who qualify under AS 36.10.140 applies to
24 work on each natural resource project on state land that is wholly or
25 partially'.sited within -an economically -distressed zone.
26 Sec. 38.45.070. GENERAL REQUIREMENTS. (a) If the governor has
27 declared an area to be an area affected by an economic disaster under
28 AS 44.33,285, then the preference for residents of the area estab-
29 lished under AS 44.33.285 - 44.33.310 supersedes a 7preference under
HB 145 -4- HBO145A
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this section.
(b) The commissioner shall define the boundaries of a zone in
which a preference applies. The boundaries may include a portion of
the state or the state as a whole.
Sec. 38.45.080. DETERMINATION OF QUALIFICATIONS, TRANSFERS, AND
CERTIFICATION. (a) An employer shall determine and judge the work
qualifications of applicants for employment.
(b) An employer may make a bona fide transfer of management
employees from one project or business activity to another. A posi-
tion filled by a bona fide transfer under this subsection is not
considered to have been a vacancy for the purposes of the hiring
requirements under AS 38.45.050 - 38.45.060.
(c) An employer subject to a resident hiring requirement under
this chapter shall certify that persons employed as residents under a
preference were eligible for the preference at the time of hiring.
(d) A labor organization that dispatches members for work on a
public works project under a collective bargaining agreement shall
certify that persons dispatched as residents to meet a preference were
eligible for the preference at the time of dispatch.
(e) An employer or labor organization may request assistance
from the Department of Labor in verifying the eligibility of an appli-
cant for a hiring preference under this chapter.
Sec. 38.45.090. INCORPORATION INTO CONTRACTS. (a) In order to
create, protect, and preserve the right of eligible qualified resi-
dents to employment in natural resource projects on state land, the
commissioner of natural resources shall incorporate into each con-
tract, lease, unitization agreement, or renegotiation of a contract,
lease or unitization agreement, provisions requiring compliance with
this chapter, regulations adopted under this chapter, and all later
HBO145A
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HB 14 5
l .amendments 'to this chapter or the regulations, and authorizing
2 :penalt.ies lunder AS 38.45.210 for failure t,o comply.
3 (b) The commissioner shall incorporate into each contract,
4 lease unitization agreement., or renegotiation a requirement that the
5 contractor or lessee include in each contract with contractors or
6 subcontractors who will be operating on state land a provision re-
7 quiring compliance with this chapter;, regulations adopted under this
8 chapter, and later amendments to this chapter or the regulations, and
9 authorizing penalties under AS 38.45.210.
'10 Sec. 38.45.100. REPORTING PROVISIONS. An employer obligated to
11 meet resident hiring requirements under this chapter shall.comply with
12 the reporting provisions that the commissioner of labor determines are
13 reasonably necessary to carry out this chapter. Except for statis-
14 tical data, information concerning specific employees is confidential
15 and may not.be -released to the public by the department. However,
ab confidential employee information may -be shared between departments
17 for .purposes of this chapter.
'18 ARTICLE 2. ENFORCEMENT.
`19 Sec. 38.45.210. CIVIL PENALTY FOR WILFUL NONCOMPLIANCE. (a)
Z2!0 The Department of Labor :may conduct investigations and hearings to
21 determine compliance with this chapter. After. a hearing, if the
-22 commissioner oflabor finds 'that an employer has wilfully failed to
23 compl..y,.w th this chapter, the. -commissioner -may impose a civil penalty
24 ',,in an amount -no greater.than
25 () $5 , 000 for the first rejection .of a qualified eligible
,26 applicant or other violation of this chapter.;
27 (2) $10_,000 for the second and each .subsequent rejection or
.28 other violation of this chapter.
29 (b) In.addition to the imposition of other penalties under this
HB 145-6- HBO145A
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section, if the Department of Labor finds that an employer has wilful-
ly rejected a qualified eligible applicant or terminated a qualified
eligible employee in violation of this chapter, the department may
require the employer to pay the person the amount of wages the person
.lost and may require additional amounts to reimburse the person for
actual expenses incurred as a result of the wrongful action.
(c) The commissioner may impose the penalties under this section
on an employer only if the employer itself has failed to comply with
this chapter, regulations adopted under this chapter, or later amend-
ments to this chapter or the regulations, or if the employer has
failed to incorporate into its contracts the provision required under
AS 38.45.090(b).
(d) In addition to the imposition of penalties under this se,c-
tion., the Department of Labor may seek injunctive relief against a
person who is not in compliance with this chapter and the enforcement
of penalties imposed under this section.
Sec. 38.45.220. PENALTIES FOR APPLICANTS AND EMPLOYERS. (a) A
person who makes a false sworn statement in connection with a certi-
fication of eligibility for an employment preference under this chap-
ter is subject to criminal prosecution for perjury as provided in
AS 11.56.200.
(b) A person who makes an unsworn falsification, with the intent
to mislead a public servant in.the performance of a duty, in connec-
tion with a certification of eligibility for an employment preference
under this chapter, is subject to criminal prosecution as provided in
AS 11.56.210.
(c) In addition to criminal penalties imposed by state law, if a
person is convicted of a crime in connection with a false statement
made in a certification required under AS 38.45.080, and the
HB014 5A
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conviction is not reversed, that person shall forfeit all future
2 rights to eligibility for an employment preference under this chapter.
3 8ec.-38.45.230. CIVIL PENALTIES FOR FALSE CERTIFICATIONS. (a)
4 In addition to any, criminal penalties imposed and to penalties imposed
5 under AS 38.45.210 and 38.45.220, after a hearing the department may
6 impose A civil penalty on a person who, in connection with certifica-
7 tion of eligibility for an employment preference under this chapter,
8 (1) made a false sworn statement; or
(2) made an uns'wo'rn-falsification with intent to mislead a
10 public servant in the performance of a duty.
11 (b) The amount of the civil penalty under (a) of this section
12 for a person who falsely certifies that the person is eligible for an
13 employment preference under this chapter is not more than $400 for
14 each false certification. The person also forfeits All future- rights
15 to eligibility for an employment preference under thischapter.
16 (c) The amount of the civil penalty under (a) of this section
17 for an employer who falsely certifies that employees are residents
18 eligible for a preference under.th3is chapter is not more than $2,000
19 for each ofthefirst five false certifications. The penalty for the
20 sixth false certification made by an employer and for each false
21 certification thereafter is At least $2,000 and not more than $4,000.
22 ARTICLE 3. GENERAL PROVISIONS.
23 Sec. 38.45,310. APPLICABILITY OF CHAPTER. This chapter applies
24 to all natural resource projects on state land. The preference ap-
215 plies only to employment that is performed directly for an employer.
26 Sec. 38.45.390. DEFINITIONS. In this chapter
27 (1) t'available" has the meaning given in AS 36.10.990;
28 employer" means a person other than the state who is a
29 patty to a contract, lease, or unitization agreement for a natural
HB 145 -8- HBO145A
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1 resource project on state land and the person's affiliate, principal,
2 subsidiary, contractor, or subcontractor if the activity of the affil-
3 iate, principal, subsidiary, contractor, or subcontractor is performed
4 on state land;
5 (3) "natural resource project on state land" means a proj-
6 ect authorized by a contract, lease, unitization agreement, or a
7 renegotiation of a contract, lease, or unitization agreement for
8 exploration, development, extraction or production of oil and gas,
9 leasable mineral, or timber resources if the state is a party to the
10 contract, lease or unitization agreement and the project is performed
11 in whole or in part on state land; in this paragraph, a leasable
12 mineral is a mineral included in AS 38.05.150 - 38.05.181;
13 (4) "qualified" has the meaning given in AS 36.10.990;
14 (5) "resident" has the meaning given in AS 36.95.010;
15 (6) "state land" means all land, including shore, tide, and
16 submerged land, belonging to or acquired by the state.
17 Sec. 2. AS 38.45, enacted in sec. 1 of this Act, applies to a lease,
18 unitization agreement, or contract for the development of oil and gas,
19 leasable mineral, or timber resources entered into on or after the effec-
20 tive date of this Act and to a renegotiation of the lease, unitization
21 agreement, or contract. AS 38.45 applies to the renegotiation on or after
22 the effective date of.this Act of a lease, unitization agreement, or con-
23 tract entered into before the effective date of this Act if the renegotia-
24 tion results in a major change in the duties of a party.
25 Sec. 3. This Act takes effect immediately under AS 01.10.070(c).
HBO145A -9- HB 145
e
COUNCIL MEETING
(10 minutes per person)
PLEASE REGISTER:
NAME ADDRESS
I J
;4,-
1
HERALD
CITY OF KENAI
KENAI SENIOR SERVICES
361 SENIOR COURT KENAI, ALASKA 99611
-- — (907) 283-4156
SUNDAY
1
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23 TAX 24 25 -BP-
26
27
28
SHOPPING
PINOCHLE WOODSHOP
BINGO
BOWLING
WOODSHOP
KITCHEN BAND
I
BIBLE SHARING
1EXERCIBE ICRAFTS EXERCISE (CRAFTS
EXERCISE
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29
130 TAX 0 �
(PINOCHLE 00 � O � • O p�0
0
MAY
WOODSHOP SHOPPING � e
R' S COt.AVCI LOPOLKA DOT�Y! ! ! �o 0
o
0
IKITGHEN BAND O 40 plBIBLE
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IN
IEXERCISE
rdRAF�SS � i
A MESLAGE FROM THE DIRECTOR
SENIOR'S CELEBRATING BIRTHDAY'S
WHEN WAS THE LAST TIME YOU WROTE OUR
LOCAL REPRESENTATIVES TO EXPRESS HOW
YOU FELT ABOUT UP COMING LEGISLATION?
THIS IS A REMINDER THAT YOU CAN STILL
SEND FREE PUBLIC OPINION MESSAGES BY
CALLING THE LEGISLATIVE AFFAIRS
OFFICE AT 262-9364. OUR LOCAL
REPRESENTATIVES ARE;
SENATOR PAUL FI SCHER
REPRESENTATIVE MIKE NAVARRE
REPRESENTATIVE C.E. SWACKHAMMER
SENATOR MIKE SZYMANSK I
REPRESENTATIVE JIM ZAWACKI
LET j THEM KNOW WHICH ISSUES ARE
IMPORTANT TO YOU AND WHY. IF YOU
AREN'T SURE HOW TO WORD YOUR
STATEMENT.....WE WOULD BE HAPPY TO
YOU.
MARCH 2ND THROUGH 6TH IS NATIONAL
VISION WEEK, HAVE YOUR EYES CHECKED
AT THE KENA I VISION CENTER r 283-7575 )
OR DR . DEMPSKE (262-3168 ) , FOR
GLAUCOMA, PLEASE CALL IN ADVANCE TO
SCHEDULE AND APPOINTMENT,
AN ADDITIONAL NOTE ABOUT EYE
CARE ... I F YOU ARE OVER 65 AND A U . S .
CITIZEN ...AND IF YOU HAVEN'T SEEN AN
OPHTHALMOLOGIST IN THREE YEARS AND
THINK YOU MIGHT HAVE A MEDICAL EYE
PROBLEM YOU CAN ARRANGE EYE CARE AT
NO COST TO YOU BY CALLING A TOLL —FREE
EYE CARE HELPL I NE AT 1-80 0--222-3937 .
HERE'S A FUN THING TO DO....ON THE
31 ST OF MARCH o w n s WEAR ANYTH I N YOU
HAVE THAT HAS POLKA DOT'S Ot�—I T . ! IT
WILL BE OUR OFFICIAL POLKA DOT DAY,
HAVE A GRAND MONTH AND I W I SH YOU THE
LUCK OF THE IRISH..,,,ePAT
'
J I M' S BAND J
BACK ..... BY POPULAR DEMAND ... J I m -Ir S
BAND. PLAN TO BE HERE AT LUNCH TIME
TO ENJOY THE LIVE MUSIC! ! !
BLOOD PRESSURE CHECKS
THE KENAI HEALTH CENTER HAS HAD TO
CUT BACK THEIR HOURS OF SERVICES.
THEY WILL Ot 4LY BE ABLE TO COME TWICE
A MONTH......LOOK FOR THE BP ON THE
CALENDAR,
COMB TG ...... IN APR IL .... FASHION SHOW LUNCHEON
WATCH FOR DETAILS
RALPH BARTLETT
AVA WH I TTEN
ELS I E CRESSWELL
DARYL MUNGER
HELEN METCALF
NANCY AHLR I CH
LILLIAN BA RN ETT
GEORG I E ROBERTS
HARV EY ROBINSON
M I LDRED EVENSON
BETTY WARREN
I RV I N EV ENS Off
FEDOS I A SACALOFF
BUNK HOYT
MAE JOHNSON
ARTHUR SMITH
THERESA MAR I h
JEAN MORRI S
LOU ABBOTT
JETT I E PETER%
HAR0LD Rl"%lAfs
DOROTHY GAUTH
DORR I S M I NCEY
LOU I SE HOFFMAN
MABLE R I CHTER
GLEASON BROWN
EARL BURNARD
EM I L CARLSON
JACK HAATEN
CLARENCE LADD
J 0 DAV I S
DOROTHY FRENCH
COUPLES CELEBRATING ANOTHER YEAR
FRANCES AND JOHN ARSENAULT
ETTA AND G L EA S ON F R OWN
KATHLEEN AND FRANK BOSTW I CK
NORR I S AND ELS I E CRESSWELL
RUTH AND FRED GALLOWAY
PERS AND VERA JOHNSON
MABLE AND FRED HOWES
FRANK AND KAY KOZAC
NSA R G I E AND ART K I V I
SHERMAN AND RUTH PR I TCHARD
NO PURPOSE POTLUCK
1
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30
1
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16
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24
30
HAVE N OT H I N G TO DO ON SUN DAY' S ... WANT
A LITTLE COMPANY? COME TO THE SENIOR
CENTER TO HAVE A DELIGHTFUL DAY ! ! !
PREPARE A DISH TO SHARE AND JOIN IN
SOME FUN . WE HAVE ARRANGED FOR A BUS
DRIVER, . . .AND SOMEONE TO OPEN AND
CLOSE THE BUILDING, A "YOU ARE ON
YOUR OWN DAY M ! COMING ...GIVE A CALL,
OVER " B0 " SPECIAL
M.S. IS PLANNING A TRIP, IN THE
SPRING, TO NEW PORK .... BECAU SE SHE
HAD HEARD HOW WONDERFUL IT IS THERE!
M . B . CAN DRIVE A CAR, ON THREE TIRES,
FROM SOLDOTNA TO KENAI.
DON AND I RENE STEPHENS ARE LOOKING
VERY HEALTHY SPORTING THEIR NEW
SUNTANS, HOPE THEY HAD A WONDERFUL
TIME ON THEIR TRIP
HAVE A MINUTE.... :W . ABOUT
HER DARLING GREAT-GRANDDAUGHTER....
RUMOR HAS IT THAT SOMEONE BROUGHT
HOME A CANNON BALL FROM PANAMA ... AN D
IT WAS NOT THE GRAND PRIZE FROM THE
TALENT SHOW ON BOARD A RECENT CRUISE
TRIP.
CONGRATULATIONS ARE IN ORDER FOR
PETER KAL I FONSKY .... HE RECENTLY
RECEIVED THE STATE OF ALASKA
HUMANITARIAN ALWARD ...... WE ARE PROUD
OF YOU PETER!
FUND RAISING ACTIVITIES
ARE YOU ABLE TO KNIT ..... WE HAVE JUST
THE PROJECT FOR YOU! A KNITTED
AFGHAN! ALL DONE IN AN OFF WHITE
COsLOR .. EACH PERSON KNITS, ONE OR
MORE, SQUARES AND THAN BETTY KARSTEN
HAS OFFERED HER TALENTS TO FINISH THE
EDGES ..seem AND THAN s o u s WE CAN SELL
RAFFEL TICKETS,
WE ARE WORKING, WITH A LOCAL PRINT
SHOP, TO PROVIDE A TOURIST
COOKBOOK... I F YOU HAVE ALASKAN
RECIPES, FOR FISH, GAME, BERRIES,
ETC. WE COULD SURE USE THEM! ALSO
LOOKING FOR OLD TIME PICTURES, OF THE
AREA, TO COMPLIMENT THE COOKBOOK,
OUR CENTER WILL EARN 10% OF THE
PROFITS ...... WE NEED FOUR HELP!!!
ON THE COOKBOOK SUBJECT .... WE ARE
STILL PUTTING TOGETHER "OUR OWN"
COOKBOOK ..... SEND IN YOUR FAVORITE.
ARE YOU 80 YEARS OF AGE....OR OLDER?
WE WANT TO TREAT YOU SPECIAL .... COME
TO THE BIRTHDAY/ANNIVERSARY PARTY SO
THAT WE CAN ALL CELEBRATE TOGETHER. I
WONDER JUST HOW MANY "GOODIES" WE HAVE
LIVING AROUND HERE?
TAX ASSISTANCE
CONTINUED THIS MONTH IS THE POPULAR
TAX ASSISTANCE PROGRAMS MARY JO , WILL
BE COMING TO THE CENTER ON MONDAY ` S
FROM 10 : 30 TILL 1 1 : 30 AM. IF THIS IS
NOT A CONVIENIENT TIME LET US KNOW AND
PERHAPS WE COULD MAKE OTHER
ARRANGEMENTS FOR YOU.
BETA SIGMA PHI LUNCHEON
THE ANNUAL ST . PATR I CK' S DAY LUNCHEON,
FOR WOMEN ONLY, WILL BE HELD ON THE
2 1ST .....RIGHT HERE AT THE SEN I OR
CENTER. LUNCH WILL BE SERVED AT 12
NOON AND ALL YOU HAVE TO BRING IS A
SMILE AND A C I TM Et -7 TO HAVING A
GOOD AFTERNOON, TRANSPORTATION WILL
BE PROVIDED.
MAYOR'S COUNCIL ON AGING
THE REGULAR MEETING OF THE MAYOR' S
COUNCIL ON AGING WILL BE HELD ON THL
BOTH AT 1 2 : 40PM .... I N THE CRAFT ROOM,
NORMALLY WE SCHEDULE THE MEETING IN
EARLY MARCH HOWEVER, DUE TO THE
PROJECT D I RECTOR ` S MEETING IN M I D
MARCH THE MEETING WILL BE POSTPONED
UNTIL THE BOTH ..... SO THAT WE MIGHT
HAVE A CURRENT REPORT ON THE
HAPPENINGS IN JUNEAU .
NEWLY ELECTED OFFICERS FOR THE MAYOR'S
COUNCIL ON AGING ARE:
PAT CARTES .... PRES I DENT
BETTY WARREN ..VICE ORESIDENT
JO ANN BUZZELL..SECRETARY X
SPECIAL DESSERTS ON MARCH 16TH
THE. LADIES OF THE MOOSE ARE
COMING ... MARCH 1 6TH ! THEY HAVE
DELIGHTED US BEFORE AND WE ARE LOOKING
FORWARD TO THEIR VISIT AGAIN, THEY
WILL BE SERVING LUNCH THIS DAY AND
PROVIDING THE DESSERT ITEMS*..
MGM GAY
TUESDAY WEDNESDAY THURSDAY FRI GAY
2 ROAST BEEF
13 BAKED FISH
14 CORN CHOWDER
�5 FRENCH DIP �S
1
GHILIlCHEESE
GRAPE JUICE
BAKED POTATO
CHEF SALAD
POTATO SALAD
TOSSED SALAD
BROWN RICE
CAESAR SAS=�)
� SOUR DOUGH RQLL
I COLESLAW
CORN BREAD
ASPARAGUS
CHEESE ROLLS
SHERBET DESSERTI
PEACH PIE
SLICE[? TOMATO
HOT ROLLS
BROWNIE
ICE CREAM
BREAD PUDDING
9ALMCND CHICKEN
110
POTATO SOUP
ill
PORK CHOPS112
BEEF STROGANOFF113
CHICKEN
FRIED aIGE
I
TURKEY SRN[7WICH)
COTTAGE CHEESE
NOODLES
O'BRIEN POTATO
HONEYED CARROTS
SPINACH SALAD
BAKED POTATO
TOSSED SALAD
CABBAGE
FRESH FRUIT GUPI
RAISIN PIE
FRUIT/CABBAGE SAL
SINSHINE SALAD
CITRUS FRUIT
BLACK FOREST CAKE
GINGERBREAD
HOT ROLLS
ROLL
ROLL
I
ROLL 10_ I
CUSTARD PIE
16 TURKEY
SAGE DRESSING
CARROTS
GREED SEAMS
PUMPKIN BREAD
ICE CREAM
23 CHICKEN STEAK
ORANGE SALAD
NOODLES
GREEN BEANS
POUND CAKE/FRUI
Wl ROLLS
30 CORNISH HEN
RICE STUFFING
GREEN PEAS
CRANBERRY JUICE
WWI ROLLS
CHERRY TURNOVER
17 IRISH STEW OR
�18 RQAST�QRK 19
MEATLOAF 20 SPLIT PEA SOUP
GORNBEEF/CF,BBAG
APPLEgA UGE
AU GRATIN PaTAT
GRILLED HAM/
POTATOES/CARROT
MASHEd �OTAT
PICKLED BEETS
I CHEESE
APPLE JUICE
'!G
APPLE PIE
TOMATO JUICE
1 t�I SH SODA BR,
CAESAR SALAD
ROLL
� COLESLAW
LIME GHFFI O4V PI
�aOLL..s��
( CHOCOLATE PUDD.
24 LASAGhW
25 TURKEY DIVAN 26
STUFFED POTATaE
17 BEEF BARLEY
GARLIC BREAD
MASHED POTATOES
GARDEN SALAD
SOUP
TOSSED SALAD
BROCCOLI
MUFFIN
HAM SANDWICH
2UCHIMVI
TOSSED SALAD
FRESH FkUIT
MACARONI SALAD
CHOCOLATE CAKE
NOT ROLL
DESSERT
FRESH FkUIT GU
ICE CREAMSt�1DA
LEMON PIE
(MAKE YOUR OWN!)
31 CHEESEBURGERS
LETTUCE/TOMATO
t"ANDARIN SALAD
FRENCH FRIES
BOSTOh! GR . PIES
N
KENA I SENIOR SERVICES
361 SENIOR COURT
KENAI , ALASKA 99611
THIS NEWSLETTER SELONGc.
MARCH 1987
P047
At
MONO