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HomeMy WebLinkAbout1988-05-04 Council Packet't: -- F r— CERTIFICATE OF AUTHENTICITY So o's.eve xa.'as 9fa4d&,,dA 99687 MIS IS TO CERTIFY THAT THE MICROPHOTOGRAPHIC IMAGES APPEARING ON THIS LOLL OF MICROFILM AkE ACCURATE REPRODUCTIONS OF THE RECORDS OF THE CITY IF KENAI AND WERE MICROFILMED IN THE REGULAR COURSE OF BUSINESS PURSUANT b ESTABLISHED ROUTINE COMPANY POLICY FOR SYSTEMS UTILIZATION AND ARE tOR THE MAINTENANCE AND PRESERVATION OF SUCH RECORDS THROUGH THE STORAGE IF SUCH MICROFILMS IN PROTECTED LOCATIONS. LT IS FURTHER CERTIFIED THAT THE PHOTOGRAPHIC PROCESSES USED FOR MICRO- "ILMING OF THE ABOVE RECORDS WERE ACCOMPLISHED IN A MANNER AND ON MICRO- FILM WHICH MEETS THE RECO194ENDED REQUIREMENTS OF THE NATIONAL BUREAU )F STANDARDS FOR PERMANENT MICROPHOTOGRAPHIC REPRODUCTIONS. 'WERTIFIED BY. DATE:.� IVIWA RICHARDS ML ROFILM MANAGEMENT SYSTEMS { .i kei �-s�Yl 1 . COUNCIL PACKETS Kenai City Council Meeting Packet May 4, 1988 '-, .' IiIiii CRY COtNr U L- 016 MR WMN0 MAY 4;1Ne • t'de PIA,,. : y A OALLTOORDEA'.=r I. WMooma b eardant MpaaannM�ia fR. a' tf. eCHEOIN EO.PJWA COMMENT (/0 MW.)� v.: 1}i,zKwW B wWO Maya Ohm - Nnd F44s-wa -zY. k. L1oyd UNla Mana01 FWk. - _ 3...Maro >timwrifan r,Trara�hr PinnN :-Atr{joil Tarmbll 'Kim" 7 No N - Pogo for OR A, *n0 Oodr FaGNNaa "Y�; Q. ,Cr*d na 19ee•ee • I Mg My/Apm • F4drral MwrraMefiariq• Pu�d�wCUM{itdadu • W3.000. 3. MachAF, 032-ftooilbp7krimUduabyOwelop• _ mant in Bored Forest 4. RNoMAbn Oe-33 • Tnnmar d irarda • SaMor Employ mW Fund: W isivo tnawnt Coma. ee-ee - e1.3ye S. - Ramok" ee•3ti - Awwft Pwdfaaa of 1208 QMW to NC Mad"y • e. Reld"ee-3e 8rra ort at Gov. Cowpala Job ON mbw&Nw Motion Propnra - f. R�a> -wom IN t" w ima - Runwaili t oww. Ttn Rip e Mepatio Ia tanaNa 1 to 10—d and pruolp ... . A�Allr .A/A�'1�1� iiik•M(ifll Mkt �� tM� _ .. ; . f 1i1OenOnler4iNtlMwlilkrri1OI +^79 i it tr. AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 4, 1988 - 700 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Welcome to Student Representatives 3. Roll Call 4. Agenda Approval 5. Consent Agenda *All items listed with an asterisk M 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 narmal sequence on the agenda as part of the General Orders. S. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Kenai Borough Mayor Gilman - Land Fill 2. Lloyd Little - Memorial Park 3. Marc Zimmerman - Transfer Permit - Airport Terminal Kiosks C. PUBLIC HEARINGS 1. Ordinance 1255-88 - Amend Kenai Municipal Code, Title 11 - Penalties for Blocking Dock Facilities 2. Ordinance 1256-88 - Increasing Rev/Appns - Federal Revenue Sharing - Purchase Caterpillar Grader - $93,000 3. Resolution 88-32 - Supporting Timber Industry Development in Boreal Forest 4. Resolution 3 - Transfer of Employment Fund- Unemployment Costs, 88e89o- $1,378 5. Resolution 88-35 - Awarding Purchase of 1206 Grader to NC Machinery 6. Resolution 68-36 - Support of Gov. Cowper's Job Bill Affirmative Action Program 7. -Renewal of Liquor.License Runway Lounge The Rig- - - D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging r- 1-9 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Kenai Bicentennial Commission 6. Library Commission 7. Recreation Commission B. Planning & Zoning Commission 9. Misc. Comm/Coma E. MINUTES 1,_ *Regular Meeting, April 6, 1968 2. *Special Meeting, April 13, 1988 3. *Regular Meeting, April 20, 1988 4. *Special Meeting, April 25, 1988 F. CORRESPONDENCE 1. *Marilyn Wheeles - Enstar Charges 2. *Rep. Swackhammer - Trail Lakes Hatchery and Fish By -Products Industry 3. *Sen. Fischer - Municipal Assistance and Revenue Sharing 4. *Fish & dame commissioner Collinsworth - Trail Lakes Hatchery and Fish By -Products Industry 5. *Misc. Correspondence Regarding Closing of Senior Center Shop 6. *Local Boundary Commission - Formation of Borough in Nikiski G. OLD BUSINESS 1. Near/Lofstedt Property - LID's H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1257-88 - Amending Kenai Municipal Code, Title 1 - Increasing Time Acting City Atty. .Must Serve Prior to Being Entitled to Minimum Salary Rate for City Atty. 4. *Ordinance 1258-88 - Amending Kenai Municipal Code, Title 23 - Addition of Class Title and Pay Range, Deputy City Atty. 5. *Ordinance 1259-68 - increasing Rev/Appns - Library Books - $1,700 6. Discussion - HEA/City---Street-Lighting Agreement Rate Schedule 7 . __a* Discussion - Harbor Approval - Tidelands Lease Application --Northland e� Services 9. Discussion - Salary Issues I. ADMINISTRATION REPORTS L 1 ALL. i i 1. Mayor 2. City Manager 3. Attorney' } 4. City Clerk 5. Finance Director 6. Public Works Director j 7. Airport Manager J. DISCUSSION Il _ 1. Citizens 2. Council i K. ADJOURNMENT in ,1 r COUNCIL MEETING OF 6. VJ �c�a�cmv��e���nee�n�e��■ ►fanrn���m�eA�eo���■� . r COUNCIL MEETING IMMEN lmommommm omm Immommommomm smommommmmmom Immoommommomm i., 1 Mayor STUDENT GOVERNMENT DAY John J. Williams (Dawson Stoops) Council Tom Ackerly (Duke Hanson) Art t4cComsey ( Jennifer Harris) Ray Measles (Jason Huff) Chris Monfor (Mark Keene) Mad O'Reilly (Todd Parsons) Linda Swarner (Rachel Wardell) City Manager Bill Brighton (Scott Robley) City Attorney Tim Rogers (Erik Kiefel) City Clerk Janet Ruotsala (Sue Thompson) Public Works Director Keith Kornelis (Audrey Estes) Finance Director Charles Brown (Torque Zubeck) Airport Manager Randy Ernst (Brian Carter) Librarian Emily DeForest (Karl Bloecher) Police Chief Rick Ross (Eric Gerow) Fire Chief Al Ivanoff (Pat Bryson) Senior Citizens Director Pat Porter Water & Sewer Foreman Clyde Johnson (Larry Porter) Parks & Recreation Dir. Kayo McGillivray (Marty Medcoff) Animal Control officer Bill Godek TOUR: 1 - City Hall 2 - Police Dept. 3 - Fire Dept. 4 - Airport 5 - Shops 6 - Animal Control Shelter 7 - Library i MAY 4, 1988 INFORMATION ITEMS 1 - Office of the Governor - "The Recession, The Real Estate Crash G Alaska's Economic Prospects" 2 - Alaska Resource Development Council Newsletter - April 1988 3 - TO DO List - 4-18-68 4 - TO DO List - 4-20-88 5 - Visitor Diplomat Seminar - April 21 to May 19 6 - Atty. Rogers - Cold Storage Draft Lease 7 - Chamber of Commerce Newsletter - May 1988 8 - Kenai Borough Waste Disposal Comm. Agenda - May 4, 1988 9 - Billing - Doyle Const. - Float Plane Facility - $94,939.32 L Dick I Mueller Realty, Inc. r City of Kenai 210 Fidalgo Kenai, AK 99611 r— P 1-- 100 TRADING BAY AD., SUITE 8 KENAI, AK 99611 907-28348SO 13 May 4, 1988 ? Honorable Mayor Williams, Council Members: --- I am writing to ask that the extension for another year of the Kenai Landfill permit be denied. This landfill is a contributing factor to the decline of property values in the area. It is nearly impossible for homeowners in Mommsen Subdivision to sell their homes. Prices have declined _ more than in other areas of the city. Only one home has sold in Mommsen Subdivision in the past year. People have told me that they would not live between the dump and the prison. In time the prison should be accepted by most ' as necessary, if not desireable to live next to. The landfill is not necessary in that location. - The Kenai Peninsula Borough solid waste department has known for many years that this eyesore needed to be removed. It was voted the (I voted against allowing an extension) _._. on when I was on council, and several times since. If another year extension is given it ., will be another year before anything is done to locate another }h site. }? y`. I ask that you vote against an extension for the landfill and . 'f. for the people in your city. `' Thank you for taking time to read my views. .N Sincerely, Ile Richard R. Mueller, GRI, CRS, CRB Broker ! RRM:sh r :NAI PENINSULA BOROUGH 144 N. BINKLEY & SOLDDTNA, ALASKA 99669 PHONE (907) 262-4441 April 13, 1988 •t� DON GILMAN MAYOR Bill Brighton, City Manager City of Kenai 210 Fidalgo •c�'�.�;�5� Kenai, AK 99611 Dear Bill: Attached you will find a memorandum from Catherine Mayer who has responsibility for overall landfill managementAs you can i see, the length of the use of the Kenai landfill s central to the issues she must face. I would request that the City of Kenai consider extending the time allowed for operation of the landfill. The Borough is in the process of reevaluating all of its solid waste require- ments, as well as our facilities. We have found that the site at Elephant Lake is less desirable than originally thought, and that we may need to line any landfill in the future. We are on a two pronged approach in reexamining waste disposal. We are looking at other sites which may have less development costs, and at incineration. I would further request that I be allowed to present to the council what our problems are and discuss with them where we are heading. on. I remain Respectfully yours, Don Gilman Borough Mayor 7 C C :NAI PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (901) 262.4441 DON GILMAN MAYOR MEMORANDUM TO: MAYOR DON GILMAN THROUGH:'j2 KEN BROWN, PUBLIC WORKS DIRECTOR FROM: El' CATHERINE MAYER, SOLID WASTE TECHNICIAN DATE: MARCH 15, 1988 SUBJECT: KENAI LANDFILL EXPANSION Excavation of the final trench at the Kenai Landfill is scheduled to begin within the next few weeks. The trench is estimated to be approximately 90• x 1000'.:.Zt is im- perative that excavation begin immediately as it usually takes two months to complete.' Resolution No, 86-71 City of Kenai, granted an extension of 18 months ( which has since been extended by 6 months). The Resolution also made reference to expanding the site by 300' x 10001. 'The extensions put the closure date at November 30, 1988. The additional trench would not be full until the end of 1989. A new operations and maintenance contract needs written and out to bid in the next month. We also need a new Printer for the scales. These items are dependent upon our exact date of closure for the Kenai Landfill. That is why I hesitate taking for granted that they will not require us to close by November 30, 1988 whether or not we have a trench full. i Please let me know as soon as possible if I should be writing the new contract to December of 1989 instead of November 1998. Thank you very much. Attachments !/ MI i� s } a. t•. i-_ �//////r/I//•rrwee//I 0 �I IIII/I/IL.v IIIIrl •IIII/. r/r//: /... .. �, rrI///I//////%IIII/•: ////I//ii.•i� fir,. i:.•.'%'.� ii' %. .•: , ;; ' •: Ir/II//III////I///II. 'i.'♦ II /IIIII///III///Ir/i//.- ••�" • II00 I//I////II//III<///• %%•%ii I, i I/: •I/l./IIIII// //I//////II//I /I/If/II/IIII/• /I//////III////II//I 1 /////II/I////////////////IIIII♦♦♦♦. ///III////IIIII♦///I//I/ I /III///II/I/ ///I/I//III/IIII/IIIr.II11/ I. Ii //III<//I/IIIIIII// IN///IIIIr1: III/ /I/III//II//////I/�//////I/III/:III•/ I '. • //I/I///•////III// I%%%I%%i/�,••..%1.%/; r//I/IIII//I////II/III/<ttIIII:I/+II'• - - HIII/I/I//fff/IIII. - I �/IIII •/ •. • { CITY OF KENA1 "Od 6;ajadalaj4"" 210ROVA0 X NAI.ALASU W11 TaWHON2213.7835 September 18, 1987 Mr. Bill Conyers, Borough Engineer Kenai Peninsula Borough P. O. Box 850 Soldotna, Alaska 99669 Dear Bill: As per our recent telephone conversation in which you expressed a concern and a need for the Borough to request a six month extension on the present landfill site and your proposal that the Borough would provide sand to the City of Kenai if the City of Kenai would agree to the extension. At the regular Kenai City Council meeting of September 16, the proposal was made to the Council and the Council agreed they Would consent to a six month extension on the present landfill site in return for the Borough providing up to 15,000 C.Y. of sand to the City of Kenai'. It appears the City's need for sand Will not approach the figure discussed, but nevertheless, the agreement resolves a serious problem for the Borough and at the same time resolves a serious problem for the City of Kenai. It is this kind of cooperation and inter -governmental relationship that permits smooth and manageable operations of local governments within the Kenai Peninsula. The City and the City Council is appreciative of the cooperation. Sincerely, Wm. J: 'Brightron City Manager = WJB/dg cc1 -Mr. Stan Thompson, Mayor i i r t i i 4; �• Suggested byt Administration • CITY OF KENAI RESOLUTION N0., 86-71 A RESOLUTION OF THE COUNCIL OF*THE CITY OF KENAI, ALASKA SUPPORTING THE REQUEST OF THE KENAI PENINSULA BOROUGH TO EXTEND THE LANDFILL PERMIT GRANTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY 18 MONTHS AND ADDITIONAL EXPANSION OF THE PRESENT SITE BY 300, x 1,0001. WHEREAS, at the present time the Kenai Peninsula Borough has solid waste powers for the Kenai Peninsula Borough and has no available site to continue the process of diaposing of solid waste, and , WHEREAS, an emergency exists t:o continue use of the present site until such time as a new location has been identified and permitted, and WHEREAS, the Kenai City Council does not want to inconvenience or create hardship upon local citizen's health, welfare or safety, and WHEREAS,.the City wants to cooperate within reason by helping the Borough meet it's obligation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE KENAI PENINSULA BOROUGH BE PERMITTED TO CONTINUE THE PRESENT LANDFILL SITE FOR A PERIOD OF 18 MONTHS AND FURTHER, -THAT THE BOROUGH IS GRANTED PERMISSION TO EXPAND THE PRESENT SITE BY 300' x 1,000' FOR THE BENEFIT OF THE CITIZENS HEALTH AND WELFARE. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1986. om Wagoner, a or ATTEST: — --- -- at Whe an, ity erk C .J I CITY OF KENAI June 230 1986 Mayor Stan Thompson - Kenai Peninsula Borough _ P. 0. Box 850 Soldotnap Alaska 99669 - REs Kenai Peninsula Borough Landfill Inside the City of Kenai - Dear Mayor Thompson, The City Council at it's regular meeting on June 18p directed . the City Administration to provide the following In to representatives of the.Kenai Peninsula Boroughs 1. The City is interested in working with the'8orough and DEC to acquire a temporacy use permit for an additional 18 ' ' months on the existing site and permit expending of the present site by 300' x 1,0001. 2. The 18-month extension.be with the condition the Borough acquire a new site prior to the expiration of 18 months. if a new site is located prior to the expiration of 18 months, the present site be closed as soon as the new site is acquired. '. 3. That if the -additional area fills 'prior• to the expiration of the 18-month extension the landfill will be closed f immediately. 4. The area to be used for expansion, i.e. 300' x 1,000p steep be platted and that the Borough identify what will be in the landfill and what will be'excluded. S. Cot a redevelopment plan of the land that is contaminated. Sincerely, ---•------- - - Wm. .Brig ton City Manager ecs Kevin Fenner • Sam Best • k h x - t. ; 0* C C "ZINAI PENINSULA BOROUGH 144 N. BINKLEY • SOLOOTNA, ALASKA 99669 PHONE (907) 262.4441 DON GILMAN MAYOR November 17, 1987 Mr. William J. Brighton, City Manager City of Kenai 210 Fidalgo Kenai, Alaska 99611 Dear Mr. Brighton Re: Kenai Landfill I am proceeding with a Resolution and Memorandum before' the Assembly for the operation of the Kenai Landfill to November 30, 1988. Before I do, I wish to clarify the dates of the extension. If you have any concerns please so advise. This is the order as I see it from the documentation: 1. Solid Waste Permit expired December 1, 1986. 2. Council passed Resolution 86-71 extending the permit date by 18 months. 3. Solid Waste permit extended to May 31, 1988. 4. The Council agreed at its September 16, 1987 meeting to a six month time extension. This places the closure date at November 30, 1988. As a matter of information to you, Resolution 86-71 allowed for the expansion of the site by 300' X 1000 feet. The Borough has excavated only one cell and expanded the site by 1501 X 10001. Si,(nc�erely, William J ony Borough inee& WJC/amf ect Mayor Gilman t wools 4 y. AHN WILLIAMS, MAYOR KENAI, ALASKA r— CITY COUNCIL CITY OF KENAI, ALASKA POINT 1. Request that the minutes of the Citg of Kenai Council and the City of Kenai Beautification Committee be produced showing the process of determining the name of, and authority for, the LIEF HANSEN MEMORIAL PARK. POINT 2. Request that the Citg Council consider the appropriateness of procedures used for the naming of the LIEF HANSEN MEMORIAL PARK. POINT 3. Request that the City Council reconsider the naming of the aforementioned park. Furthermore, it is requested that the renaming of the park be brought before the people of the City of Kenai for discussion. POINT 4. American Legion, Post 20 submits the following name for consideration bg the Citg Council: KENIA PENINSULA COMMUNITY MEMORIAL PARK ------------------ LLOYD LITTLE COMMANDER AMER LEG POST 20 KENAI, ALASKA v f I I. l Lj i -log a Advertising Carousels Kenai Peninsula Foto Ad's April 28,1988 6-3 Kenai City Council 210 Fidalgo Kenai., Alaska 99611 Re: Kenai Peninsula Foto Ad's. Assignment of Kenai Airport Special Use Permit to new owner. Tb wfiom it may. concern: This letter is to give you a preview of what my presentation'will be at the next meeting of the Kenai City Council on May 4th, 1988. My now is Marc Zimmerman and I presently have a Special Use Permit to operate and maintain a photographic ad display kiosk at the Kenai Municipal Airport. The permit was granted on January 1, 1987 and terminates on December 31, 19890 with a one year renewal option. In April of last year, while negotiating a sale of the business, I can before the City Council seeking approval of an assignment of the Special Use Permit to the new owner. Approval was given, however the sale was not completed and the assignment was never made. In March of this year the business was sold to another party. On April 4th I contacted the City Attorney's office and spoke with Ron Sutcliffe, Mr. Rogers legal assistant, concerning assignment of the permit to the new owner. He did some checking and responded with a letter in which he stated: "You are correct that the City Council approved an assignment of the Special Use Permit on April 15, 1987. They approved an assignment to Kurt Karsten, to whom you were attempting to sell the business. In our April 4, 1988 conversation you informed me that the person to whom you have now sold the business is not Kurt Karsten , but a different party. Because the City Council approved an assignment to Kurt Karsten and not the present party, you would need to -come back before the City Council to gain approval of an assignment." At the May 4th City Council meeting I would again seek the approval of the Council for assignment of the above mentioned Special Use Permit to the new owners of Kenai Peninsula Foto Ad's, Mark and Suzette Allen. Mark and Suzette have lived in the area for several years and own a -� professional photography studio called "Allen -Images". They are a young, hardworking couple and I feel they will operate and maintain Kenai Peninsula Foto Ad's in a very professional and responsible manner. P.V. Box 2020 • Soldotne, AK 99669 0 (907) 262.2822 L diUM I Suggested By: Administration CITY 01, KENAI ORDINANCa 1255-68 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING TITLE 11, CHAPTER 10 OF THE KENAI MUNICIPAL CODE TO PROVIDE FOR PENALTIES FOR BLOCKING OF THE DOCK FACILITIES. WHEREAS, the City of Kenai Dock launching ramps are public facilities designed to provide access to waterways for the entire public; and, WHEREAS, commercial enterprises and sport enterprises both depend upon access to the Kenai River through the launching ramps; and, WHEREAS, owners of larger vessels have and continue to block access to the launching facilities by leaving vessels on the launching ramp. - NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code be amended by adding section KMC 11.05.090, entitled "Use of Launch Ramp" as follows: " `ry 11.05.090 Use of Launch Rama: (a) The City of Kenai launching facility shall be open to the public upon reasonable terms and conditions as provided by regulation. (b) It shall be unlawful to block access to either of ` the launch ramp facilities. "Blocking access" means leaving a boat, trailer, or vehicle upon the launch ramp in such a position as to prevent the launching or retrieval of boats. (c) Persons blocking access to the ramp facilities shall be subject to a civil penalty as provided in KMC 13.05.010(b). ;. (4) Each one -hour period for which the ramp is blocked shall be considered a separate offense for purposes of civil penalties. i F PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of May, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Routsala, City Clerk First Reading: April 20, 1988 Second- Reading: May 4; 1988 Effective Date: June 4, 2988 (-"-- --"-- - (4/15/88) ILA IIJ Suggested by: Administration City of Kenai ORDINANCE NO. 1256-88 s� AN nRnTNANGR OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS dY $93,000, IN TIM FEDEML REVENUE SHARING FUND. WHEREAS, determination has been made by the Public Works Department concerning the desirability of and the need for a new Caterpillar 120G Motor Grader with accessories for the city, and WHEREAS, adequate funds are available in the Federal Revenue Sharing Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Federal Revenue Sharing Fund Increase Estimated Revenues: Appropriation of Fund Balance $93,000 Increase Appropriations: Transfers to General Fund $93,000 General Fund Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund $93,000 ,.• Increase Appropriations: Streets - Machinery & Equipment $93,000 ' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of May, 1988. JOHN J. WILLIAMS, MAYOR - ATTEST: Janet Ruoteala, City Clerk First Reading: April 20, 1988 - - --{ Second Reading: May 4, 1988 Effective Date: May 4, 1988 i Approved by Finance: (4/15/88) CITY OF KENAI tod gap" of 414"a" MOAD"O KENAI,ftfto A gull TELEPIIONEM-7m TO: WM, J. RRTGHTON, CITY MANAGER FROM: KEITH KORNELIS, PUBLIC WORKS DIRECTOR (jC110 DATE: APRIL 15, 1988 SUBJECT: CATERPILLAR 120G MOTOR GRADER I received a telephone call yesterday from Dick Rusk of NC Machinery Company, who is the dealer for Caterpillar Equipment for Alaska. Mr. Rusk explained to me that they were the low bidder on a recent State of Alaska, DOT/PF, bid for five new Caterpillar 120G Motor Graders. He explained to me that the nnrmnl list selling price, F.O.B. Seattle, was $136,377. Because they are selling to the State of Alaska, the factory has allowed them to sell at a special government discount savings of $63,621. This brings the selling price for this new grader down to $72,756, F.O.B. Seattle, WA. As you know, when the State of Alaska bids on equipment, they have a stipulation in their bid that allows municipalities in the State of Alaska to purchase the same equipment- at the same bid price. The City of Kenai Code also allows the City to purchase equipment at the State bid price. Mr. Rusk explained that a few years back, the State of Alaska purchased thirty motor graders and fifteen municipalities took advantage of the low State bid by purchasing them at the same low price. During our recent budget preparation, the Street Foreman and I discussed the possibility of eliminating the contract snow removal on the east end of town by leasing an additional grader and using someone from our Water and Sewer, Sewer Treatment Plant, or Shop crews to help in snow removal during the very heavy snow removal periods that occur sporadically through the winter. The purchase of this grader at this fantastic price would make it possible to attempt this money saving idea without leasing any equipment. There are also many times throughout the year that we could use another grader. -1- t Because of the low factory price, all the graders have to be the same which would be the attached specifications. However, Public Works would request the following additional items: 1. A 2' extension for the 12' moldboard that the bid specs call for, which amounts to approximately $500. 2. A snow wing with the hydraulic valves that are necessary to operate it for approximately $12,000- $15,000. 3. Freight from Seattle to Kenai which is approximately $5,000. Please find attached a copy of the information that was taxed (via Walters and Olsons' FAX machine) to us yesterday outlining NC Machinery's specifications and proposal. KK/kh _2- III APR 14 '88 14:29 NC MACHINERY/ANCHORAGE BRANCH P.1 0450 Aralfe aoulovold (00518•1533) P.O. BoN 100110, Aeoll0ra0o, Alaska 00510-0148 (90y1001•t700 '� FACSIMILE N (907) 661-1914 N C MACHINERY CO. it ' FACSIMILE ROUTING SHEET �. t THIS SHEET . IS NUMBER „-/! OF g : COMPANY: r.. ATTENTION:_'µ 6`S' - FROM: r- DATE: MESSAGE: • d� 1� �rtN VMweewntn�lp W� !1l1.>V�HW, Wq+.w�rpn IH4t �t Algb Mhlel �tny�. 6MftWt. VPA1. NMpMtt pr Cwt1. VJtl�,eal0e • M/+ONOt, I�uCNt�. �uMW tw Kt1011 M. �tt t ` APR 14 '88 14:29 NC MACHINERVANCHORAGE BRANCH 6400 ArcUo BOUIOV40 (OHIO.160 { pA. eon 19014k Amhonoo, A1406 MIN148 �n - IV C MACHINERY CO. - -- - -,; City of Kenai �i. 810 Vidal so KenaiAlaska 99611 Attn: Mr. Keith Cornelius Director of Publ io Works Dear Mr. Cornelius: = This letter will ao»lirm our phone conversation of April 141 tit 1988. N C Machinery Co. bag been awarded the bid for 6 new Caterpillar 1200 Motor Graders through the State of Alaska D.O.T. � the benefit shaoffered this award.governmental agencies ere n Alaska I I eta enclosing the speo "heat and a billed list to pass along to your city. The savings that can be passed along areuite large. ti please take the Was tc review this and 1; you have any questions# please 0611. Very truly yours# N C Machiery Co. 8a s Representative closures P.2 �r pe� p0 se„ W& senan Wpn�n�on o•+a� weeni n • Analaryti McIrWI& junto end Wonika%AIUM Lmeemnw u t Wmen, OMnnh, YOM wAnnonN Me oM/w n0� - -- -- I, . r 1- F; APR :4 '88 14:30 NC mACHINERY/ANCHORAGE BRANCH QuoTATION N C MACHINERY 'COO p.0. BOX 190149 ANCHORAGE$ ALASKA 99618-0148 - CITY OF KSNAI Ts' 210 FIDAL00 KENAI# ALASKA 99611 i ATTNI AIRECTORROF PUBLICSWORKB -- VAX: 263-3920 P.8 APRIL 14t 1988 DAT/: QUOTATION WO-1 t i OF 2 s4fseT NO.: Te11Ms: F.0.8.: IMPONTANT: When o►dedn , plena refer to above QUOt�TATit N NU pden, o9vtden from spaaNlcetlone ... .. • . r I ' t i• •'e �• •♦ �' • ♦ • • ♦ • . ,f 1� .yt•t. ti•s♦o•��►�•�{� •tl+♦'y,+♦�t1'.-tom'.' ♦ f�Ob�h♦ •: i �• 61 t t tt et' • ti'�r i a ttt i •--- *tow, • • • • • • ONE include 6W196i NEW 100 eselTenftineAwithD24 eieotrioal$sYl�temr a0 volt ampere alternstort maintenance -free batteries# heavyduty starting motor # dry-tYP• aduejector service indicator and automstio st with lower rant muffler# accelerator-decelerstort b low framer shift transmission, articulated Owerhydraulic controlpt tanam drivesDROP steel cutting edg# d throttle$"sound-,# suppressed low profile Rope cabs inside resrview seatbeltt mirror# windshield weand wiperst horn, back-up alarms adjustable . 3. service meter# , Volconsoles EMS operator warning system start, p es res: coolant tempersture gauges ether aplooks, articulation indicators four-wheel err oil disc brakes, parking broker rear drawbart tilt adJustable steering stop and tail lightlit wheel, tool box. 8W2420 12 loot Blade w/Hydraulic gideshift w/Tip Contro 8W2423 Blade Float Yr 9D6760 Cutting Edges ! '? 8W2803 Defroster pan Front 005660 Defroster Van Rear 8W2021 Differentlet Look/Unlook 609040 login Comprrtment Doors 6W1986 Renter (Cab) - f¢ gW2396 Hydraulic Syr -.am 6W6810 Worklightst C nter and Rear Floodlights 8W6660 Cab Directio)alt Headlights, 606666 Rotating Beacon supplemental OW2437 Steering system The.above Quoted pens ere subject to ohin/e without nodes, and the a . pries In G""t at the time of delivery Wlll spplr. /, The above Quoted prices do not include saN and local tsese, If op p/oeble /. All orders to puroheas or leas based an this Quotation &hall be subject to a.aeerence br N C Meehlnerr 0o• s� C all NI.a.a er lee.aes so be made on and su leot to N 0 (ylashlnery 00.'e standard Term.a. findltlons and U Worland" on N 0 Machinery Co.1 commercial forms. ia- i. 0 W N C MACHINERY CO. Dick Rusk sr edve A/Mt `` n - 1 1 �-' •APR 14 '88 14131 NC MACHINERY/ANCHORAGE BRANCH QUOTATION N C MACHINERY CO ` p.0. BOX 190146 ANCROIMGE # ALASKA 99619-0148 CITY OF KENAI To. 210 BIDALao RENAIt ALASKA 09611 ATTN: MR. IRCTOBITH S RR OP PUBLIC DEWORKS FAX# 293-3926 P.4 OATd: APRIL+ 14 t 1988 86-01B-164 QUOTATION NO.i 2 SNORTNo.: 1 0� TERMS. F.O.S.:-- IMPORTANT: When arderin . plNa telex to above QUOTATION NUMBIR. DwPeden from apwifloatlona punted mew affect price. SW2677 Rear Window Wiper 9116096 13.00 x 24 - 12 Ply Tire NPN Spare Tire A Wheel as Above 6914A Rsine Front Mount Dozer w/Tow Rook NPN Antifreess to -50 Degrees NPN Bnitins Rester# Clean, Service and Prep BpBOIAL 00vEBNMSNTALTDISCOUNTSEATTL$# WA NET BELLING PRICE B.O.B. SEATTLE, WA NOTE: N C must Set approval from Caterpillar fo the City. Order must be placed in the next 2 to 3 weeks, Delivery is approximately in September time Yrewill inareaaedtoi63i786I.00�.ext 2-3 weeks) price 1. -The above Quoted Ptleoe ere subject to ehanes without notlos. end the price In eHeet at the dine of dolivery wilt apply- S. The Above Quoted plleee do not Include state and local taxes. N ep• plloabla. m eaiopptenoe btr purchase to C Machinery Ce and all sales or )paws sotation hill shallbe en Wartse subject N C MaehiMry Ce 9 commorclalforms. ld me- Conditions on: L 850 877,00 �1.00) # 72066.00 N C MACHINERY CO. By Dick Rusk �alae Aoant _ y^ "APR 14 '88 14131 NC MACHINERY/ANCHORAGE BRANCH P.5 R P 1 L LAR . CA►T E ,l •�;;BY ' �MW0'1*;1!q1. Wp f��', .Y�1� �. r., uN•nN n':,.nty �..", C- - Caterpillar Engine 84-volt direct electric stating system with 84•Amp tdgrnator and t flywheel power 0 2200 RPM ..... .125 HPi98 UW Ilfilowette IkWI is the International System of units squivaltnt of optional ether stating Aid. horsepower.) The net power atthe (lywhalofthe Vehicle tnptneoperottnewuler SAOWneempseuand barometric eenditions, n Irapail, C and pR01 • R# 00 We. uslnr 36' APl lroVtty �6e1 ell transmission syo.Sift&)over Atoatos Caw Nor ., s�,t �trah � tcr,� mod six reverse spade. Foot pedal -. at 00• F46.6• C. and after deduetlone for air aomprossor, blower fen, air citantrt muffler. water pomp, lubricating oil pumA fuel pump and alamoton No deroting q nQulnd up to 7,500 fA2800 m video !nc g capability for elect saner tmnsuvaing. �� ' sPipn took prevents scoldentel gea an ent. Machine won't move even it engine is stated with shift iAver In pa. oleitud�. Cateepila 4-strokacycle 8804 turbocharged diesel Enpine with tour 4.75'1111 mm bon. 0.041152 tam straits, and 425 eu. in-1 For ward ` rated RPM), let lind tlyd 41h Ith Oth cylinders. I Uters displeameneH Revers Mpg .... . 2.4 8.9 0.1 10.1 16.1 26A 8.9 8.2 p.0 10.2 26.9 40.9 Direct ipeetion Cmapilla fuel system with Individual. adjustment- kmih ....... .... • .. free Injection pumps end potties. - ---- -.. - - - - - Ctuaground and tapsrad Aluminum- alloy pistons with three-ring _ Made GOMM$ i . daign; both compreetion rings ride in icon bond cut into ptstop. Piston undersides w cooled by oil spray. SNWtrtaead valves, velwMull Ful! hydrauUc controls S provide feet, eo & in e b ImPl epees- " rotatere and vales eat !marts. Steel -backed aluminum Alloy prod• regardless of engine speed Leek value >n each lion est slop bearings. Hipp eaboa steel Alloy erankehAk With her jeW • iminate drift. ()p� star controls all b1t4 opuatiou with �. Pneeun Iwb►'lesalen with full flow Mtersd oil and 69 COefer. Ary fourRtevere - left blade We, ciecle drive, eAn�An►rt and right blade type air clamor with primay And safety elements, automatic dust lift heroin cosystentrol lots operator � � Mon than am Control *14Mt j ejector and owvlcs Indicator. do 1' i i i i I 1 -- j i-- APR 14 '88 14u32 NC MACHINERY/ANCHORAGE BRANCH eAhtek P.6 IPM G miss ardrAd bar. Front — add Cud Maximum ground Cloarance ........ ..... St8 g16280 rotor Grader total oscillation, ........... •.....'.'.'.''.'.'..'.1e�'uit or rapt Whed Man. . Circle poor — W11•Aating, forged bnt•Reatad stall, Fsbdcated box -section, 80414•41010 mm diameter. Uniform, tanderne Aams•cut tooth, Hydrsu11ea11y driven worm and Cab! Vida fe11 a Chile rotation. Optional circle drive ft Clutch. r, i ...16.10" at 8.70.140t1 a 110 mm Helgbt x width .. , . 61 "110 mm 81ado baam width x thickness .... , .8.80" x IA5911401 U rem eldewall thAneea .....'. . ... .. . ,1.76.144 mm Delve chain pitch .... . mm Wheel axle spiting ...... . .. . .. ... .... .00"11824 blade range steering ``. (Front two cy+tktdu etealns system. i Cirole sentershlft, light ..... • • • • • 10.7"1600 aim Q4.4"Mato mm wMNs �• tall AYdraulic. • ...... .80' left or right 1,4lt . , . , • . • , .. f3teerbtgranp . ..... • hydraulically setuawd stewing left or right Moldboard sldsshlR, A4anual, Rides ....... ; .. , 18.1110 mm ....goo Minimum turning radius loutotds front oral ..22,10.7 M. .. Malt ... • .......... • .... • .. • ... • . None 16r0 mm eUslni teorue eiMel stesrleg, trance uticWation and eptionil dlflerea Optional hy"t"Ic, Right ............. . ... . .. • .t0,e . . .............. Q0.8.18R0 rem tfal ualook. ieh ...................... meximuin shoulder resell outdds of tires": "......0'11684mm Wheels Manual5"bill-11lgbt .................. • .... 4'11219 mm latercbasgeablo rim and wheal ose mbile TuMbas tine, Left ........................ • ........ 11ydreVIJ& Right ................. • .. O118i9 mm Ale 18.00 — 94, 8 PR 10.21 VACOoa•type. MardmumMidipoeleloawiii,botbu ii ...... .....90•6 18.14.14l8 mM brekes Msudmum lift above ground .. • . • • .. ..... • • • • 1d—murn depth of cut ..................... • ..17.72.950 mm 400 forward: 8' rearward IBYstarrt Mae" OSHA roswations.l hydraulic blade tip ................... epor'1474187 mm blade. add 19'1200 mm tight or left. With mein frame In crab position, add 8'1.1040 mm right Of Ieft.ceatenhift service — I+our wheel, *-actuated, d diso broken an com te1Y beloww Alt pressIs ladksc d w the opera} ugumtfte.make sealed and414 nCylinder extension, hpa in N�tbjer dtault of ththe system tar by viaal trod light) and audible (horal w41ahtge, parking — Multlpto all dlee located in tronemUsion cps. MWAI ty actuated, spring•onjWd• sir disapsed. Push the red lover on the w aCeaate.This asutrAllasthe moldboard ersnsrNssto+►controll coaeolHorwaed transmission, enppa the parking brake and activates the tranemiv look to prWent Mao lru Mcwmeut if mains is alined Wearnsieeent, high -carbon steel. Length x height x tbtokaeso .. . , • . lQ' rc 44° x .78"1 3658 10 lion neutral with iranemlaion 0119464- system indudes an individual circuit x 810 x min gmerrppsnot _ Dud Circuit sir to aech tandem for added braking protection. A malfuaetion in one Qulllrf? edge — Cater"M through hudened curved Dld•Q stool and diaM$ter bolts. circuit slot leaves the machine with at feat halt its orlgk►tl braking $tope. .62'11 ram Width x thickness ..................... 8" >< .84'1181 se 18 mm capacity for emernaoY total lose of service brakes, the spring•sctusud, con - In the event of modulated parkWg1ontsegancy brake awn be applied Afihod not Interrupted, Is recomnmended foorr'repla replaced APPItcitlonf-) drawbar so Rapg Solid -section. 8.8" x 5.5" 1140 a 89 mm A•fraa a with four widely s sad shoes to support the okels. All hays veeeieal adjustment. Rspleceable bronse•alloyy weer stripe (Low proftls ROF9 cob is standard in U.S.A.1 and horluntd between droll and drowbar. and support shoes and circle e1lmlMte life. ROP9 iRoitowf protective kneturesl oflared byy Caterpillar for two BAB J890, SAE J1o40c turd 180 3471. circle she grove fittings And extend won Machine met ROpa criteria: They abo meat FOP91l: eMig Object Proucth+e Structural crherla installed and maintalaid. SAE J231 and ISO $449. When properly cab with dears And wUdowa closes limiti in t she tIISKot nrre ufia tratne mats ure wan operator nd secordisound ntro AN8119AE J1188 8LP80. Rmnt_Hslfts -- Aonged, single -box -section structure rune h dratlil0a _.._ .. . from trout bolster to the articulation joint. Y Top and bottom plates 11" x .78• t80 x 20 mm: Dosed center. eoastwtt pressure system with Cat vaeisblo t tea powers blade controls. wheal pen. 40 - -width 1- noes - .. • dieplsgmatt p a 1 i, Side plate— lfiaimum " eteerina,artieWstio»anda - Constantpneeure,pwllelcon• - height x thickness . 8.75 86.69,,j222 x I km trot valve eiaauit desgn prpvldI frnt oircW implement dolvabe. Minimum weight . .. • .Hydroulic lock valve in aA implement aircuia prevent undeAvable Minimum vertical cylinder drift. section modulus • • • • • • 8g.1 inches cubed:1444 car cubed output 4p 2200 on a RPM and 8 to 63 gpm111.4 to 198 atew:min Rest frame — two box•eeotionsd channels integral with final drh•e 8800 psV172 barli7 287' a��g on eyatem requirements. Case. L r- J APR 14 '88 14133 NC MACHINERY/ANCHORAGE BRANCH _ 1�00 VAWIR ANAL"16 The i btllty andr oonVgnienOS unmetohed in conv ' iteerllanlaadeg and 1•owsr 7rdn vet • Are&an»�geaor •x aE„�t r� • eee�nti� � �' desraaaaa turning t w. t cs tice tranemtasion tot smooth' d • at aMwrY shift dlrsot�drtva ooe le eeW909 lever • ow' War •Wit of pa d Cat with d041� tor4u• rise for fbdWastle dicewj* W40afA°'dena' • ./ hy�nullgqs •"Variable dl�aa�er�wnt•te pls�ton pump vim„ eoastant btede •„� •.,.,,wn;�.• , • c�w, oa alfhyd�iulta otraufts yr vmt Impkins"t drdt. Opsntoe C•mpofiment ! � u aes trou (err aria oietloLa whin with short tivow� % ' • E{aotteaio twlliaaety to�ya�►+�arc �9 dlcdwdarredcuoW bar •t�d CI►ols gnvlronmanl for sllloienoy — eoneowed. dog* padded and ad' • • f toa. A•ffama dNigr► !or h4h strength and ptociaion thst's the Series G Com went. justsbie.11GdWera aers+�L d fosgfd prole with ntaabfafd tern wear. "dam sad beat- An adjustable control ii�Y o•ri toter easy "maoo►p orientation. t teeW tot a a�fatuar w•�t mmFeeautof Uy � �t� it pas back to the Transn�les[on control !a a elan. • pku t oldb3adth haotraatea tidb for Bator for enY of thns worWnp lever to the operators right.• • rod �"dy aad eu All", .. pwltions and we attrdown opera• de'a Suu power •hl e a no Manus! raw�ease of ftepleesnu�4� tiger without tiresome hand and elutah 1 so he can shut up Fr •��� man aiovenifut.SwrlagAhesiia or down without atoppfag the I Acygelwokse� i tilt adjustable, too. so the opor• ataohinsorloltagdr."l orna+• ��etlon �elnt er toaAn ..Wdd6w i ur• !a. .. ate' s� o�� position. mostOWis eicgi up to or c�tructims. M ss o" aadiaatanatbhw� air sotwteft'dr lourwhad op.cooled dtw fittbrkatlor! tans with mod eaceselbde lifting. a�pN•to w atws toe g+alntenaaee ease, Aphlrat oA nd Nil tlii• for clever rephooment. f- I Maneuverability —• easier, taster, Shorter turns. You Can do Mora work. ; Three etearing techniques rator I j best match to job, p ` edcantap in productivity ova 1 convendoaal motor gredar design. • Straight Inters, with main s frame cantered and only front wheels used for stomin r. is ,r best for long•pass blading. • Arllouiated turn uses the lull s c.+t 20• frame articulation. 50• i.. tag front wi►ssl atorfng mils and unio*ed twndam drive train 1 /> ao• D� 1 `� 1 dlfterentlallopefonaflfor flsert turning radius. Result is sides, i mensinw erg in does quarters. pulclnr turnarouad at the end i at tupI1 ebiIds load arouto nd curve. ; �` 1 . Qrab staffing helps compm. I saw for aids drift when turning a wlnorow. keeps tandems on firers footing when cleaningp a wet ditch.:aoreatos stsbWty ter cid� slope worn. and eldf � ehruae whenusing aenoarwleg. irren�t wheals i a a� ilwxliw ' i tandems. CPU y 1 gTRA10►!' AATIOULAT92 ; I FW_ C�. APR 14 ee 14:34 NC MACHINERY/ANCHORAGE BRANCH R P.8 Lb . K9 Canopy. ItOPS, include@ raw wall with window _600 —217 Low point .... ...... ........... ..... 159 eervlos refill aspeollial Pull he ht . ..... I ... ......... ............ -850 — clutch I I ...... 1. 85 to a p (or circle drive ..... ..... Md"s edge$ 3t.75'1203 X 19 MM U.I. Oallons L11010 ever I a overlay ad bits: with IF CIO sit... ........ so 0 go 41 to as 190130mm ............... ISO 51 P416160f ..... ........... .. 1474107 Mm ....... OL Crankcase ..... ... .. to SO,= mm with overlay end bite ........... 148 85 Transmission slid final drive..... • ..... ... 8 87 73 14-1 g7 mm with overlay end bits . ......... 161 Tindun hooting lamb) . ............... 18 49 Nfrostjor fan. flu ......... I .. .. ........... 0 1.5 Hydraulic system .. ......... Drive train differandel, willock-unlock . ......... . • 60 It End bits. reversible ovorho .............. as 2 67 17 19 operating weight Japproximstel Wfie compsrtmsnt doom ......... ''.. is water, includes pressurizer .......... 20 Basic opefeling wet ht includes lubricants, MOW, full full HOOM cab, hot W1 more additional Vdr&uU* vAlV4V tank. operator. 1913658 mm blade with manual sidephift. Hydraulic on ants with one or V � -type surifter; dral and low profile ROPS cab m svelloblo =or hydraulic bluds sideshift, and tip: end 18.00 — 94 16 PRI MWOR-tYPID ad for attschmeits from other 4UP060- ouch " 'mow plows and 4standard In U-0-1: Lb 239 mm wings and bulldozer. 21 10 Jack, hydrowle - - i4.� .............. . ......... Welshlon!root whack ... .............. • 8.649 Upting $Ystms- Olt' 8591 r 27 12 Weight on rev whole . ....... I.: ... ....... 16,841 11620 Front mounted headlights 121 ................... 5 2 Total weight ................ . .... 28-890 Cab -mooted btAft-lits (9) ................. ... 4 Canter -mounted floodlights 121 . ................ 8 14uIpped as above and Including options! V47139 . 5 2 scuffiff and 121M MM Wade with hydraulic Rear-mountedfloodl 1119111.... Directional - V11hilasherawsub ........... 15 7 eldeshift and 1API Warning beacon lamb 4 6.840 4010 ........ 18 1 Weight on beat wbod$ ....... .............. low a—d. 64 ...... 8 19.00D W1 Mi"We for cab. outside 40 is Wdght an few wheels ................... 26.040 32991 Muffler, low sound .............................. 5 2 TaalWeight ..................... ....... ..................... ....... •.. 82 15 Attachment 6 action IW Pressurizer. cab - - * Add weights of iditUdonal equipment from Attachment 6 — 24 dremi - 25 Rim& 10-1254 rum, ii-6 a 115 to obtain total e . quipped operating weight, beffifier, front. V 8, will teeth ... . ........... 2,047 024 Seat, shook absor ......... 11; ......... ... . 130 so hment selection atiso 301 137 Spas We and what 18.00 24 6 PR .............. Starting Wei 1.80 (with approximate installed w4lphlgl Etner ......... Lb Kg Heater. englno 120-volt .... ............ 3 1 100 a caditionariprOlourbal provides cooling, Low tompersture ...... ... .... 10 beating, and prallorlistift ......... ......... • 320 145 Tochoomphdrive receptaclo. 21 Air dryer 28 Is Mist. Olt of six. ......... . ... 11 6 18.00 — 24. 10 PR .... . ..... ...... 108 49 Alternator. *un $22 101 Articulation position indicator,1ll, I I .................. 2 1 13.00 — 24. 12 PR ........ We 64 Backup aium istandud in U.S.1 ..... ... ........ 20 0 14.00 — 24 10 PR ... ............... .... log 200 91 14.00 — 24:12 PR . ....... ..... ... . . . 240 Slide extension, 211110 MM debt Of left .. ........ Iiidi;g wheals, ............... 558 253 without hydraulic tip, 19,18mg mm .............. 725 320 16.5 — 25. 0 PR (luc is I 104261 Mm .............. 1237 501 T001 kit. .................. ... 224 202 Sladest Ttaramilai" Pard ............... I I ........ .. Hydraulic 014102hift with tip control: Vandalism rotectiOnt looking caps for hydraulic 988 40 tank, tadlazor. erfiftifig"11- tUnim"Oft filler "out mm. ........................ 14114951 MM . ......... ............ ...... as 1.505 705 and ttgnandesion dipstick and an* $ 98906 anslard .. .... ..... 17 Cab. full Might Imps. found soppmosed ....... .. 150 all .... ...... ............. 4 32 15 Winds sldwiper, rear • "c" . to, .31 331 ma. 351 in WIN Irar 248ftfA =Jinja r Taft" for o0do"I till) h9101 ab raid WMIrnta C 6 Q1 ';j7 ��- APR 14 188 14:35 NC MACHINERY/ANCHORAGE BRANCH Full hydraulic blade controls — tional designs. effortless, fast, precise action. i "W14110 13 L. iR Ron tun a/e/ . 1 i� plenetery 00 olYlda //Ielnelr Work area vlelblllty le excellent bususe of Control location and Dlraol drive ppoowweer shift trans• mission Was doeigned tpedit* frame do$Ipa. An operator Can walk with increased confidence. formowrpredsrs.ithalnotor'" caaverterto owes logs or surpas. "'hfle sesed. he can see both : ds of the blade and the ground Just smooth no•clutch 06e'levar shifting with dlnat delve feel. :esd much better them On eon• ntlond machklst. The ftsrlee G Compact plustary par alto pro' minlmltm vide high reduction Inspace. tixl%Tllewp Large tah have high u holding assemblies he tdGlraela�a Y lemhnirl�tdsoonbou� sedsuripoatruccda te ubriiandcedy ward view. Quiet operation — a noticeable difference, by design. Mydroullo blede 001101 avers engsps smoothly and or's ly. Look veves in ovary Implement hydraulic circuit eliminate a me* in Response is Immoo to and d• way$ pndlotable rogvdlee$ et joy problem found traditional grader hydraulic ayotemet We snpina RPM, or with two or more lever$ snp$I d at ones. Variable amp and drift. Those valves pro' vide tlu Series G $dal with ant pbton pump $snsss ppositive hold at seen bledo eat• ting. uasntid for 9"Ciae Nth aunt sy$tsm needs and auto- madcany, adjust$ hydrsunc now, grading. Cloady spaced Were and short 1 got Quiet pewor' tnln hat engine Low pprotas ROPE cab tatendard Aywh of racing Iserward to eat transmission sound and vibration in U.S.i to naillens mounted. Ion molded rubber pads with rubber away from the dpaatar's Cem' pArtftftL Hslletd design Vander moustingel and Is sound•sup pr Into& with absorption material is her. cab front ad ravine` tuts sound. The to is largo diameter. slower turniag. flue, teak plsded between the tam roof aid lids$ ere flared to funhor reduce sttecte of sound w►va$. The Op Adtab areaheipe keep to sound .way from the operator. The op' bond 1b01'8 demopiu haw a reu wan and window to cut down irmal muffler ban extra capadty. own" sound exposure. L Protection ... for man and machine. 'our•wheel all died bahse are bathed in oQ and ws1/4 to the an• vkOnM$nt. They nesd nottot rho pulodlo adjustment and lining replacement typical of e11010typs brakes. Bach tandem eat to Add, voted by Its own ak ctrault. so failu" In one dimit still leaves the roWbine halt the w*d brain In cspooky. Choice of ROPE caf a or canoptee. work lights. directioad or" Other p ON& give Isles at available for $pr elfic user Good$. L_ Top production with machine protection. AnlaulatIO Inm9619r 1leotronlo Menitorin0 System (glg0shows status of mpoetws . mown system with three Mvala 4 of w"Whe. I Operator Awannees: LED Sght on Insteument panel Indl' Cato a potential but not yet critical problem. II 0p liter fik o E mRe4 A f 1Vt'aW w soh Oppr><t0r In atN OOGt1nWd operation could cause Iva►• . ..ul een.earlane failure. horn Nara that Continuou eplratioll win cause hwo. dam tsdture of it momppoorunt, A Ginnie test $arlach vu ise sys' tom reliability. 11 11 - ------- -- .Y C` } r— C-3 Suggested by: Mayor Williams a] CITY OF KENAI RESOLUTION NO. 88-32 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI SUPPORTING TIMBER INDUSTRY DEVELOPMENT IN THE BOREAL FOREST. WHEREAS, Alaska's boreal forests are over -mature and valuable, unharvested timber resources are going to waste; and WHEREAS, world economics and technology now allow for the profitable harvesting and conversion of Alaska timber to satisfy world market demands for plywood, furniture stock and pulp; and WHEREAS, careful management of boreal forests will allow for increased timber growth, improved animal habitat, new recreational opportunities and expanded road networks; and WHEREAS, development of timber industry will attract capital investment for mills, factories and equipment as wel! as creating jobs in silvaculture, logging and manufacturing; and WHEREAS, the Alaska Constitution mandates management of state resources for the maximum sustainable yield. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, hereby supports the management of Alaska's boreal forest for the benefit of the State economy and supports the development of the timber industry, including silvaculture, logging, and manufacturing. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of May, 1988. CITY OF WASILLA 290 E. HENNING AVE. WASIU A, M ASKA 0007 PHONEi 373.9M March 30, 1988 John J. Williams, Mayor City of Kenai 210 Pidalgo Kenai, Alaska 99611 Dear Johns I would like to offer the attached resolution, supporting productive management of the boreal forest and development of the timber industry, for adoption by the Coalition. My interest is to promote timber development in the Susitna basin. As the major land -owner, the state must act to place its multi -purpose lands into production. I would hope that the Colition would act to approve the resolution at its next meeting. qely, . Stein, Mayor City of Wasilla JCS/sc Attachment C, i Suggested by: Administration i } City of Kenai ' RESOLUTION NO. 88-33 � BE IT RESOLVED BY THE. COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1987-88 SENIOR EMPLOYMENT -' -- - '- - FUND. FROM: Salaries $1,378.00 - TO: ESC $1,378.00 f This transfer will cover unemployment costs during FY1987/88 former employees by the Senior Employment Program. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of May, - 1988. 4 JOHN J. WILLIAMS, MAYOR t ATTEST: Janet Ruotsala, City Clerk Approved by Finance: �g (4/29/88) jal f: f.. r. c 1 C—$pow n Suggested by: Administration 1 RESOLUTION NO. 88-35 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE PURCHASE OF A NEW CATERPILLAR 1200 MOTOR GRADER FROM NC MACHINERY USING FEDERAL REVENUE SHARING MONIES FOR $86,071. WHEREAS, the City of Kenai received a proposal from NC Machinery which was the same bid proposal they gave to the State of Alaska, DOT/PF, and WHEREAS, KMC 7.15.050(6) states that the City of Kenai does not have to go out to competitive bid when purchasing equipment under the contract of another government agency in which contract the City is authorized to participate, and WHEREAS, the City of Kenai is adding a snow wing and freight costs to this 1200 Grader, and WHEREAS, the City of Kenai is deducting the steering system supplemental from this 1200 Grader, and WHEREAS, the Council of the City of Kenai and the Public Works Department feels that it is in the best interest of the City of Kenai to purchase a Caterpillar 12OG Motor Grader from NC Machinery, and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, HE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai award to NC Machinery for the lump sum amount of $06,071, the purchase of a new Caterpillar 1200 Motor Grader per the State of Alaska specifications, adding a new snow wing with all the necessary hydraulic equipment, all freight, and deducting the steering system supplemental. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of May, 1988. ATTEST: Janet Whelan, City Clerk Approved by Finance: Written by Public Works: JOHN-J. WILLIAMS, MAYOR I�� Suggested by. Mayor Williams C CITY OF KENAI RESOLUTION NO. 86-36 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING GOVERNOR COWPER'S JOBS BILL, AFFIRMATIVE ACTION PROGRAM. WHEREAS, Governor Cowper has proposed the Jobs Bill Affirmative Action Program to spur economic recovery in Alaska, and WHEREAS, the first objective of the Jobs Bill Affirmative Action Program is to emphasize the Governor's long term commitment to extend equal opportunity to socially or economically disadvantaged people. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF KENAI, ALASKA, hereby supports Governor Cowper's Jobs Bill Affirmative Action Program and urges State and local governments, and all Alaskans to join in support of this program. BE IT FURTHER RESOLVED that copies of this resolution will be forwarded to Governor Cowper, members of the Kenai Peninsula Legislative Delegation, and Office of Equal Employment Opportunities. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 4th day of May, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk (4/29/88) jal STEVE COWPER GOVERNOR 4 S• `ur STATE; or ALvsKA OFFICE OR THE GOVERNOR JUNUAU �0 April 15, 1988 Mayor John J. Williams City of Kenai 210 Pidalgo Kenai, AK 99611 Dear Mayor Williams This letter is to inform you about my new Jobs Bill Affirmative Action Program. I have recently adopted this program, and it requires your support and participation. This administration introduced the jobs bill in the current legislative session to spur economic recovery in Alaska. In recognition of the fact that minorities, women and hand- icapped individuals have experienced various barriers to employment and contracting, I have initiated an affirmative action program to ensure fair and equitable opportunities for all Alaskans. The program will be based in the Office of Equal Employment Opportunity. Overall goals for contracting and employment on capital construction projects are as follows: CONTRACTING GOALS Minority 10.0% Women 2.0% EMPLOYMENT GOALS Alaskan Natives Other Minorities Women Skilled Craft 13.8% 5.5% 8.4% Laborers 21.6% 6.7% 14.4% To make this program a success, I believe state and local governments and ail -Alaskans must --join hands and work together. To initiate this effort I have asked the administrator of the Jobs Sill Affirmative Action Program, Thelma Buchholdt, to contact you in the near future to further explain the enclosed objectives for the program. I C ,- a, ,u ----- : --- - - Enclosure ti �f • 'd h -2- r— 1 In asking for your cooperation, I am extending mine. If you have any specific questions, please don't hesitate to contact either Ms. Buchholdt, in care of the Asian Alaskan Cultural Center, at 4807 Northwood Drive, Anchorage, AK 99517 1243-8585 or 800-478-WORK) or Michael McKennett, the EEO Acting Director, in Juneau at 465-3570. nn, erely, Ase Cowpe Governor L I T, M. . JOBS BILL AFFIRMATIVE ACTION PROGRAM Governor Cowper's jobs bill was designed to spur economic recovery in Alaska. Mincrites, women and handicapped individuals experience various barriers to employment and contracting. In response to this, the Governor is implement- ing an affirmative action program that will increase their opportunities on projects contained in the bill. The program will be administered by the Office of Equal Employment Opportunity in the Office of the Governor. The objectives of the program are as follows: 1. Emphasize the Governor's long-term commitment to extend equal opportunity to socially or economi- cally disadvantaged people. 2. Set the groundwork for a more comprehensive and substantial state equal opportunity program in contracting and procurement. 3. Advocate equal opportunity for minorities, women, and handicapped individuals or groups and impress upon grantees and recipients of jobs bill funds the importance of affirmative action on jobs bill projects. 4. Encourage agencies and communities to strive for an overall goal for participation in contracting for minorities of 10 percent and for women of 2 percent. �. Encourage agencies and communities to strive for an overall goal for employment on jobs bill projects equivalent to the total percentage of minorities and women in the civilian labor force of the region in which the project is located. The statewide and regional percentages are listed as follows: A. SKILLED CRAFTS Alaskan Other Natives Minorities Women Southeast 19.4% 2.1% 10.28. Gulf Coast 8.58 3.3% 8.1% Anchorage/Mat-Su 5.3% 6.0% 8.3% Southwest 77.4% - 4.1% 7.2% Northern 62.6% 1.2% 6.69 Interior 9.0% 5.7% 0.24 Statewide 13.8% 5.5% 8.4% LIN p „ k B. LABORERS Alaskan Other Natives Minorities Women Southeast 22.6% 1.8% 14.9% Gulf Coast 10.9% 6.1% 14.3% Anchorage/Mat-Su 6.1% 11.6% 14.48 Southwest 83.2% 0.8% 14.4% - Northern 85.6% 0.1% 20.6% Interior 22.2% 2.2% 9.9% -- Statewide 21.6% 6.7% 14.48 - - i. Coordinate the efforts of contracting agencies, 4 prime contractors, and small business and minority business counselors to promote maximum coopera- tion, participation, and effectiveness. 7. Assist minority and women's firms and individuals seeking information on jobs bill projects by implementing a toll_free telephone number and notifying individuals and organizations about jobs bill projects, training opportunities, and project objectives. AW,*,, )l :1. i1YA1 PENINSULA BOROUGH 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 G-7 DON GILMAN MAYOR April 29, 1988 ti City of Kenai a �, Janet Ruotsala, City Clerk�,�,�,9� a 210 Fidalgo n+c, �0c{1� Kenai, AK 99611 N��, '►q� ���` RE: 1988 Liquor License Renewal Amended Pros unway Lounge Dear Ms. Ruotsala: The Kenai Peninsula Borough hereby notifies the City of Kenai of its amended protest to the 1988 liquor license renewal for The Runway Lounge. This protest is for the reason that the owner is delinquent in taxes to the Borough as follows: The Runway Lounge Sales Tax Account No, 14027. Balance due in the amount of $1,873.20 on the 11/87, 12/87. 3/88 return is due and payable 4/30/88. Sales Tax Account No. 11375. Balance due in the amount of 3,093.65. (Interest to /1/88) Daily interest accrues at $1.22/day). This protest is made pursuant to a policy established by KPB Ordinance 85-75 (Alternate) to protest license applications if the applicant is not current in his tax obligations to the Borough and pursuant to statute allowing protest for unpaid taxes arising out of the operation of the licensed premises. The applicant is being advised of this protest by copy of this letter. The applicant may contact the Borough Delinquent Accounts Office, Linda Barclay at (907)262-4441 ext. 229, in order to bring the above noted tax accounts current by payment in the form Of CASH, CASHIER'S CHECK, OR MONEY ORDER. The Borough will then withdraw any protest for delinquent taxes. If the applicant wishes to have a hearing before the Assembly regarding this protest, he should contact the Borough Clerk to be placed on the agenda. Si cerely, L nda Barclay Delinquent Accounts CC: Sandra & Renee Daniels, Runway Lounge, 10819 Spur Hwy. 0186, Kenai, AK 99611 L i""' �i C• 7 CITY OF KENAI %% 4 "1" 210 FIDALOO KENAI, ALASKA 22611 TELEPHONE 2e3 - MS April 25, 1988 Alcohol, Beverage, Control Board 550 W. 7th, Suite 250 Anchorage, Alaska 99501 -._ At their regular meeting of April 20, 1988, the Council recommended s non -objection to the following: renewal - BPO Elks Lodge #2425 In my letter dated April 8, 1988, I recuested a 30 day extension for: Runway Lounge The Rig t (Attached). At their April 20th meeting, the Council requested additional time to review these two applications. Sincerely, # Janet Ruotsala, CMC City Clerk ' JR/j l in CITY OF KENAI 4�„ 210 FIDAL00 KENAI, ALASKA 66611 TELEPHONE 283.7535 Alcoholic Beverage Control Board 550 W. 7th, Suite 350 Anchorage, AK 99501 At their regular meeting of April 6, 1988 the Kenai City Council requested extension on the following liquor license applications: 4;. Renewal: r. Runway Lounge The Rig Decisions on these will be submitted on April 21, 1988, within the 30 day extension period. Thank you. 4: Janet Ruotsala (Whelan) a City Clerk fi C V i Z 4 KENAI PENINSULA BOROUGH 0 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 Vb b DO MAYOR AN � a �� �` ,L�2 r�293!•�23� elf M .� Si 4D April 5, 1988 Alcoholic Beverage Control Board Attn: Betty Calhoun 550 W. 7th Ave. Anchorage, AK 99501 RE: 1988 Liquor License Renewal Protest: Runway Lounge Dear Ms. Calhoun: The Kenai Peninsula Borough hereby -notifies the Alcoholic Beverage Control Board of its protest to the 1988 liquor license renewal for Runway Lounge. This protest is for the reason that the owner is delinquent in taxes to the Borough as follows: Runway Lounge Sales Tax Accounts No, 14027. Missing filings for 1/88 and 2/88 have been estimated by the Auditor in the amount of $1,191.89. Sales Tax Account No. 11375. Stipulation to Stay Execution has terminated 3/15/88 covering Confession of Judgment dated 3/2/87. Balance due 4/5/88 is $4,550.90. (Daily interest @ $1.76) Runway Restaurant Sales Tax Account No. 14840. Missing filings for 11/87-2/88 .have been estimated by the Auditor in the amount of $2,131.43. This protest is made pursuant to a policy established by KPB Ordinance 85-75 (Alternate) to protest license applications if the applicant is not current in his tax obligations to the Borough and pursuant to statute allowing protest for unpaid taxes prising out of the operation of the licensed premises. The applicant is being advised of this protest by copy of this letter. The applicant may contact the Borough Delinquent- - Accounts Office, Linda Barclay at (907)262-4441 ext. 229, in order to bring the above noted tax accounts current BY PAYMENT IN THE FORM OF CASH, CASHIER'S CHECK OR MONEY ORDER. The Borough will then withdraw any protest for delinquent taxes. If L Runway Lounge Protest Page 2 the applicant wishes to have a hearing before the Assembly regarding this protest, he should contact the Borough Clerk to be placed on the agenda. Sincerely, a_-V� I Linda Barclay Delinquent Accounts CC; Sandra & Rene Daniels, d/b/a Runway Lounge,10819 Spur Hwy#186, Kenai, AK 99611 99611 ioldity of Kenai, Janet Whelan, City Clerk, 210 Fidalgo, Kenai, AK 99611 STEVE COWER, GOVERNOR DEPAMMMIFINT OF REVENUE 550 W. 7th Avenue i. ALCO►OUC19EVERAQECOVADLBC,b4RO Anchorage, Aleeka 99501 March 9, 1988 N?-3 SSA Janet Whelan, Clerk ` City of Kenai -0 `= f c 210 Fidalgo f3 '�.`'... �• ,; Kenai, AK 99611 14 0.0 i,,��+�, r' G 18026 __. Dear Ms. Whelan: Ve are in receipt of the following application(s) for renewal of , liquor license(a) within the Citv of Kenai You are { being notified as required by AS O4.11.520. I BEVERAGE DISPENSARY PACKAGE STORE The Rig Bar RESTAURANTZEATIN_ G PLACE CLUB cc: KENAI PENINSULA BOROUGH 1 0 e STEVE COWPER, GOVERNOR 98PAMT-NAUNT OF REVENUE 550 W. 7th Avenue - ALCOWLICREVER4CECOWAOL EWD Anchorage, Alaska 99501 March 4, 1988 3031.1 p Janet Whelan, Clerk ^ City of Kenai ci' 'te 210 Fidalgo 0 Kenai, AK 99611.s Dear Ms. Whelan: -lie are in receipt of the following application(a) for renewal of liquor license(a) within the City of Kenai You are being notified an required by AS O4.11.520. r t BEVERAGE DISPENSARY PACKAGE STORE Runway Lounge - - - 71- N 81Ne of Atesre 111- - - - - - - , !° " t • . PACE 1 OF 2 1 5soW l!;nlhi4ronlldOoa� ��r C !Q bww, 6«nlnAtn■e LIOUOR LICENSE APPLICATION �. tttt�� A.tchorspe, Aleseeial0l �1 ' I .i'1'1(a01) ayfeW 1 ` ` , bend PSNe IiN i to IM ABC hold, PLEASE REVIEW SEPARATE INSTRUCTIONS Keep Pori o (01 Your Ole► !i Thte 1119111101111011 Is for: (check am) OiI.A•eaf a Itu ysei Q TN w ninth OIIN eOpinNna file eNMy r 1 lie it C: i r 1{ SECTION A. LI IINSIIJUFORMATION. Milt be compteted for all tpss of appncal•ne too of APPlknllcn: Q New Memo TIW %�'t' rtt rl t/ ' r . r . r. f Lleen FN . ' ' Se¢ Odtt. !1'(V f Far lteenge eV trip QQ Reewtl Filing Fe ................ ' Foatal employare identification Numb" ❑'Doester of Ucenss Holder IM , pt [tr r,. • , F onollY UI aPPlleobte) ...... 9Curnl Meua enso Number fear Honmis am namlerN a? 0 a/0 is /, .•�() a—V O Transfer of location Total Submitted ........... ntV IPP0ea111 "IM I" Mature ah.. at 11 atotb appear 001114 eus1MN Aa (BUAIA/o Nateel complete unit One n uw 1""N: /idtAR,rtl./ rtrtrt.l b 14_0.1.1.+ r I Ir►.'C .—oea iota an of uunm u Yloaeolto • Sat 0W2 /:rl./ A. pc( S W j�t,rf lllti'lrf. /rFyl'j ::yxt, /.l[tiy /lieV /'/•,tf% /�75/, i 'i'!l!r ' , eestttN• pnee utpMtp) 3- b[/� ... /Ido ? r 99G i/ .. (]other cow—WityGourull VIM N 1 54 �f•,trx.r 9r1/� // to tonNtl V III=* has me fiMA OCItN bw "I m Of Kid e1 It$* IN"e1gM•hOtM d"s dwmg two 0011"WNW N 06 .11. () YES a O NO tin a1Mw an Rplonatida 1 Htldd t> SECTION Q UCENSEO PREMISES, For Now se hnstV of location sppuetlens mlo" to to tloPnd IK Place SWOFlew bONaaa . t�tl• V ED.raa11M Facility D NM Wlblrq C3 Proposed EOlbiny (3 eIMF BuGNINd IO and MYNWt . " c G DI al eromdoq snaceoa Altedl a detailed dllPsmol the premltento be llcenFN, The diagram rival to a true sea eared NKApllon of the /dtaneN find bdWAN10 of IM pnmisn b be peaneM. aid the n4 of" Malfi fifeactio 1)/rMapso will be sow. Saw. eOmaMa 0016M60 seta stated. of Only a oaianot IM float pan IF to IN ■bpead, NNM won M et0lftt YN *ttsre aeh0ib flersvfigss Will ee sob, seta eomsyro0, coo"" moot staaat j L3 MSECTIONEWAL INFORMATION. For Awwa AoOffelamf nl►. ohaaMraNlMae Nb, m-;;pcofumiDJURNtbrolaenq Nat the otatemnf 0l Mandl lnlVest duo rot taetaN statement@uMnitud lO the M isle efegram eopmllloar 1 , r ' Aleltelld "~t C/VO�VOWIE It Tar, Vlach no dlagrom. a NO y.aVE6 If VOL 111141011600 InteroN 1161emml 410/0 a alel N SECTION E TRANSFER INFORMATION. for Tnsfor of Licata Hobe or linolle of ladle appnetans only NamNN Cetlnt M state Basta; OONa eMltnele As ISuek n Name) 'r P tuned Adotose or LOcsen Before honaN Gly ,w F01 Nmdunifiry 11Nof tlenss NN01 oPtiell snit. 'i t L of, sttech arleulsd: dOcaenle ehe*tnp OalaV11*I 01 payment to O DOCYthente NINhN oocwttenls ttpl s11a1M0 �{ t MQUM uNV tIMO 101AU AN AS 01.11AAL ' i s i� SECTION K PREMISES TO DE LICENSER Must to completed tot all two of 19911edOnfi Iflievies to to undo" puous alert Olin Wrier to tiry foromloR »' t10NmOn0 gramNagrNtellttnor 411 man 00MleehOmlMOWnde11oO1snNAlcs will otteap4wo cfq, twroYphe, anfll0 m'ANgVlltof I rAy�4 O4tn I! None tf ale pea mm rouse ronc • O aat. Inn Q tlaafsr two Go rnitea E�ao than 60 Mils Closest WAGS 010•Ade: a 8 Capital Church: a (l SECTION F. CORPORATION INFORMATION. Mull be tOmpteled It opfaaml of e0appllenl Is a capolNln. AS 04.117p0 Corpovata Nate F courts euuMN As (OWBM Nsm) B alnCorpOtelam M lM lAUleellkkfifi Mtllulp Address &nil AdWao Of toNlan Of euaneN rt Gay {uta And bOOdds y Gry anO Stale 1 t CaOaNe cities Phone Na t ftea'aAito1 VON• .- r Agents Abu tMlba•ncT Tra Moe: IIatN AgMI VMy Addled snd Pens N~ O YES 17 NO TM oboes named 901001111011119 to allow lllr4ir4 *fro IM State Of Afo11s, Oapotlm ent of Coeutmcl snd Tcatomle DawtWRNRI. •1 CDApOAATION *R(CtM ANO StOCANOLOIRS. NN NOIItnAI Note 11 Meesearyl So or Seas of OWM$hlp .t Full Nana 0020-vto Initials) Has Addled call of Bldh rtLllalNs �.1•�uv11_ t.l vLad 't. a., 1 LI V/.IIVlt I SECt'ION�Dpo 1UC0 ORAifl OFFICER INFORMATION. ten Co aDpgcMl IS c01ph6po1alwn. IM olllple used meal Include the N/Nagel, V1n P11 WI Name lDD not VN In uafy f I I lmmt In pfnrlded lyF each eppecanl a conwa s officer It Opposes el I Deemer Uljjsudddlonal pasesag haws"-►• WI uN InIhY1) pp /I 1 r"lrfr.s rI ./.t'1a1 r•Jri Muting n 1811a10� P!? ., 4,N. glee a Tip codaIfil'"I PdX Qp� YCnYr lilt r/ "wi of PA ace, ,c9n . cuN a zip code)!(1 �s >, YN ll:zl ?J" 4r! . l b ".", (Y. 4 641 W ddtlnO lrorom mMnne WdnaN — 51'sle-.. o • n• f/} Wad FrWim �. �/ I'/ I ._.. / , (a 1�'.•. ��OJ S" .I�.aof Bll)lk �t eoclN gowln►NYmOtt /�!r/' �/'/._ �/ %a/ 6.;'- i)�C/iJe tangle Ol Alalge Ma.doncr �pOgCM�I•♦ocaporalKn,MtmllyYl•C01penUo111NpY Nonlne 9/ Nome Addnn of lope, tram mW ill. ss-zw Items�ding 4q: rillI Chao Wol.!Paeonp c, 7. +�oSST'.__ ON.' of IM BOWd BKWIIr DNpp �f '�.,1.� ���� JI'�/.••ag � CrC/7 _ "in of A4ge NeaWan IIIn1rOd011CmINetAfpaalgn.IdMMIrIMW1pOFINenlp pg wus Month. /O W ame (00 not YN Inlifillif full Name (DO nN VM In111e16) Stilling AMIS 1314d of pA to.. DIIY. 11111119 1 Alp Cade) ,•, Malllae lee (911ee1 O cep., Ilr. auto A Ip Code) Nome Adding of dl Iesanl Man mating addt"O , Nam Adding of anerons Iron mailings W IN ' HMO No Wah Walls •. Nome Prices Work PIMMO ... a assevilly DaleO 1111n lliftrl ftevollyNVMW IAn01s 01 Alaale alaMencr IfIpglCNllescapaappll,MM111►IMcOIpONoallpepY 5' r Seegsta Ol AleeM Yeas MlueMr NOMIn NeoakMluewDanlon.u.mllyaeCapa.uouwloY hob' YNre Mantis Poll Name I nor ON 11111141111 pull Wn too not ua• initial" Mel first m" Iafeel or nD Oat, Gla u 1IF code) 1. M..rl!7 AddNfe (&ual of Fj Bee, WI1. 51ae A Tlp Code) Nan Adirtagis Of dllatinl false maling eddmos) Nan Addreta pl allannl lfom nWlup addgga) was Ham Phone Date o also OalatOaclYlIF Numb@ Dan of aim umber F7!: lelgtn Or AtogM aMl 11Ipp11tNtisedagaalgn,lOMMfglMcapaawlfrgpg sag. Senors O A1e11411 aellancy Ygese MomM a IINro11Ces111seWpa111on,MonllryuncepolWGlllnlmu hill . fasts Moans M. INDIVIDUAtICORFORAt OFFICER BACKGROUNDI level be casweloO res al Irpaa of eDpncaiane , 1MM of corpaaie a111cM named som Floe hm eM dlfect cc lathes lntgma N Ivry OtM/ aapinlle lags WaiMn leensad In AuaM oc aq Ones GW EKNO O YES it lie, one 114uor license rushes l Ins taalotigl of licensed pyanseNnb icluding the secompanying schedule$ and elatetnente, and to the Will of a statutes and 11e regulations, and that In accordance with AS 04.11.450. lreel financial Intereel In the ttconaed bu$IPU . idol Board In support of this application. Ifly that each applicant named on this applicatlorl has reetded In the slate F the applicant Is a carpolsliea registered and puallfled to do bualneos In tl of the shareholders have nalded 10 the State of AlasNs for at UA11 one 110NMURElte OF INAN&VERRUO Subscribed and sworn to before me this on of Orr ` t "f ~' In- --- — t ARY pYB r I ' 0 /O WN My commission ezplreI a '�I 1 _;aWr.A yOUOR UGHNBH APPLICATION ►Awls a of amom , Ii I, , , ti I BECTIONG.INDIVIDUALICON RATE OFFICER INFORMATION. The tolgawflo mfolmwo"nallbeaMlaNraeechoppl,aaacolpriMOltnwet•spuamar coieaac,eMledTcolpaelNn,tera 9111Wd NNN Must Include the PINNent. WcERUldenl, 6•Wt" sea L..ureg use wanlonn NpN N MGM* Full floral,{0•No We VxatrFun Nonle, too net use MWO I d+a d 3131. e o1.e Mary A. Scltollonberq Hang aaadw 161 PII ace. Ib eteld � tip Coo+1 . �r�•--�� Mrtlna Appna 1MIIet p IA ew. crap auto' a 1pCo") P.O Box 2036. Homer, 9 03 P.O. Box 2036, ttolnor, AK 99603 1NnN AIMN a anMrid rout -gulp edge• NNN Addme rt a11"no itale, Writing aalleN) Iwlh f7Ym• home Pharr wad FhaN 235-8209 n/a -0209 r DW a aNn IV SKU111 r NOUN el secw,ry Nwnbee 4- - ,l+..•• 3G$30=9859 15-34 277-30-7649 t•,gih•f AtaW Rogow 11 d•rilclMra•cOpaetbn. frrylMcatpgbetllwpuYUM20 L5712 Preaidont:/Viee PJ:I. Secrotarv/4eeasurer na Yee en, N d. Roscoe Ft are Donna -Mill' Ft ere i Ina AOanw WYOe1 a aw, qt etdq p Cdael '^-- dN191NO1 a . CqA Md CNM Box 7167, Nikieki AK 99G35 Box 7107 Niki6i AK 9 Wd ►NAaf UO allOod meorge •adlwN • • • • • • NOWT A0alN gf atNt•a llpmnW1111g edet•f •.••..••• . phone e •hOM NNN-nose Writ oM 776-5242 293-9926 776-5242 213-9926 Om gran1104,10 dogmul Numbri N a h OopM ewudgr N. 4/15 21 276-16-0100 11 21 20 $74-03-9142 Il,yl�of Ala•U W,IIOOMIeW Natwrpaeua►Mrwbureapaeh•IIN•)Ott �OYwM Nostra Ot A4W aNNMer If OODhRNlbecripaNl01►I01ep 1Maraa•Na1KepY 1ngaWd. vum e . 17 Y• UOI,ud 35+ 35 N e (00 not use Mp o) Full "ImewoMt YN 10411410 enduing Addnw let" of PA eN. Gty, Gists a x1p, Cadd) moil" a ON" or CItA a"Gods) "we Address of dllleryd IMM flugllmg some) plisse AadNU 1, Gilt Wnt from naulp Nelwr Nome Plane Wm•no" NOW P A Fhon• son of gift BMW emrity ttepnwt of IM iKY Ir ftwoo tengln 0l ANWM NeppllUat..Wpadlgn.twFit he—, .11100110100 IWId ungmaAWSURWOOnt► "geld Manure �nUntu•wponuen.IdennlrlM .Nal1aNY non - rw:nnm• eECT10N N. I DIVIDUALIdORPORAIG OFFICER BACKGROUND. Mutt be cmwleto for all Ire" of NNlamrona too" Nr InaMdual o, colwal a11cM noWdd stow MN h ie N, OeeN a 1ndum InNNN In ero ahOt NC"ic pewepe OYUNOO aedneee In sits a Mr OIMr Y d end n+el"e) at Manage bwfMNOO tor seen Npltanc ned this application. Including the uxompatying scheduleal and statements, end to Of beet of mpldts, till Title 4 of the Alaska statute• and Its regulation$. and that In accordance with AS 04.11.450 1) has any direct or Indirect financial Interest In the licensed business. ►leawllo Beverage Contra Board In support of this application. tog Store IlCense, I Cattily that each applicant named on this 4ppllea11011 has molded In the state this application; endfor the applicant le acorporation registered and qualified to d0 business In it this application, of all of tha ahal*holdaa have mslde0 In the gale of Alaska for at teal one w aIONATIORFM OF TOANarQral($) e• vr..✓ fro pr.•r••. •, I I .. : Y , ,., &A1bvjbed.u)daWom to total* me this l to dy at-11 •ar3r ~ b'y ITf)jd IN AN O MAt/L91N My ammisel" gplfse L J 16 r110-1111W i aureofANW �' PA0�IOFa Ateoano DarKaps Coma Sorg M� LIQUOR LICENSE APPLiCAT10N . Song rsds 1 sal a to the AMC SNrO. Ibn gtfedlt MASS REVIEW SEPARATE INSTRUCTIONS ( 3 t Moor PA. a for [our files, Tots aaallpallm Is lot. (aMOe anal W A lull aN•n TM as 100 DaDlnNnl) -a" and MOing SEOIION A. LICENSE iNFORMATIONJAVIt to cedrlsted W Oil trW Of Npiranona I Us of Appllalbn: O flow ue a 1ppa s e Llcanas Faa .............. 10250.0 nre �9Q� i0/ LISNN Y { 100.0 ,lt LJ Renewal Filing Fee ............ . • Num�N R92--i-ST152 { 100.0 D Tia sla of Ucense Noah penally tit applicably ..... cureanl Liquor Wants Numoor low WMwals W4 anitm S U450.0 i7 Transfer of location d Bubmlllsd ....I ...... [renal •yDIlanlyalNre anp tnWrlp a001aa N 11•NMIYI spasyr N Ile W • a • . all. • Dane All AsIBWIIMN Nam) • •1 hatRig Bar ''7 Ca111pI to Orel On• nclp.rnyp IV) Pard Corporation Roscoe Myers and Donna M. Myer Kenai rNf n Ma n Stzeefi— -- ulr Konai, AK P.O. Box 2636 Homer* AK 9960*% • • t Q Other YNress pare NYrnaeaa 283-9926 mnootlMnMailing AddreN r3 Mtdro 210 rida190 Road, Kenai, AK 99611 1 renaral a IranatK Ma tM aeore 1 a Oeen sera a aollas of N•N IM11y Id91 aWdalWr Mys daYq lIN pall HNn/N faati A'J01.11.170 pl [3TES ONO IIn suKhonwpNnallm SECTION L PREMISES TO SE LICENSER AIYa to compleled for an IYM a /pplatana Nona (O tle YNd ed puala etgn or a aONnlsYlg IOIdaMI glmlNa a loCNan o1plaMMegn/W IMnalNa lean MUSIroN IM00YnNtNe smume► alily pnedrfaoil cn%&~ofgainedlnasrlrMlblT The Rig8ar . (30nttKlnah[dmlra Qtuoman/rmlra bNWao by shorhon pedNlrrll rout Irons Closonschmaaundet 300 rds Dlosewcallraa 500 yards SECTION Q LICENSED PREMISES. rot Now sop oononl of 11MOOR apalunonl prep. PON an to he ueNaed IL fWRA /ppWIN191w1o0 ❑ stlaing root" E3 Now Sundup O Pmomsea SulNlse tJ wane Sypmllle0 to fire me", O Olgnm N WW"6 o1IkW. Allah a r!Ia11eD dNPsmof too Orealm to M llansed. TM dtsyetn oast N a club pre camel dowwallm of Its wb&"" am adwdaf N a me y,enll"s N a Ileonsal. are Its auto men wow" aleonNa ONvadN till N atilt. on". ConWaW. possnNd snaor Naa, Of GeV a falan a low Moor 60 N to N tic~, prm Guilin In RED the aNa Wtete Ift"I0 bol ap s will be we, NMd. eansumef. po ntud sale 1110rod1 t / r SECTION R RENEWAL INFORMATION. Far RNasa1 AppueKlone air. • eWNONNota /roaniM red aw'0"n dVag, a"a°'ean"rma°.p01N/1WanaaN M IO B�.NM7refii ICOMrdflEOoai NthaMN ran as Nlsabasn s efts MD O TES D am Ktsch not disown. (S NO O YES D ro, etacA oet alma sNNnal1l ltarl•ONO[} SECTION L TRANSFER INFORMATION. Fa 0anefer of IfeanN Holder a iMnsfa of WOO" applNNane only NalnelaofGaranl "Ktl fN RenstKDone Dome ASMr.-Suna) Ira Addreaa a Iaallsn WON DAnNN Vow off• ❑OOeumWNalKnW ti t>olllmaMa rel allsceed fAalNl It Must be Completed of appllaa or aooWkwil isa, aatpaaan. A1101.11•390 Citing VIUMA90 AS (OVunoN mama 6are4 a rCAIeappW man W the The Rim Bar Shelf Andreae Or toalano YNNN 10/30/75 Main Street Ilyaneauts coroamauaFnoM Kenai AK 99611 293-9926 Agents Maces WiNam ley • tub: 14 Moe •99'611" ''Jill-7 G7 4I04 to a good ltsndlne with do Seta of ANae. DOpWNMI Of CWMMG and [CpI0m10 QaelppmNt. lot iOaIMAMM00%OfoocNlaryl - — MManWa01 a o 45{ Nome AAONse Date of alnn [sox 203,61 U M.10R1•i!" 99603 4/17/31 _ P.O. Box 642 Anchorag0, rust a J(tlita` do �nR 243-326A 55t v P.A.9104,940► 'P rnno A 243-5264 -0- CO..... edW.K. tyro ..._ .,ter. ...• .... Suggested by: Administration CITY OF KENAI RESOLUTION NO. 88-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT SAID COUNCIL IS HEREBY AUTHORIZING PARTICIPATION IN THE STATE DAY CARE ASSISTANCE PROGRAM PURSUANT TO AS 44.47.250-310. WHEREAS, AS 44.47.250-310 authorizes municipalities or other organizations to contract with the State for the implementation and administration of a program to assist in providing day care for children of low and moderate income families, and WHEREAS, the City of Kenai, Alaska, wishes to continue providing a Day Care Assistance Program in our community. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that William J. Brighton, City Manager, is hereby authorized to apply to the Department of Community and Regional Affairs on behalf of the City of Kenai for funds to implement and administer a program to assist in providing day care for children of low and moderate income families in our community. William J. Brighton, City Manager, is further authorized to act on behalf of the City of Kenai to accept any offer of funds from the Department and to execute a contract with the Department to implement and administer said program. William J. Brighton, City Manager, is also authorized to execute any subsequent amendments to said contract to provide for increases or decreases in the program funds committed to our community, based upon program needs in our community and those of other communities throughout the State. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of May, 1988. ATTEST: Janet Ruotsala, City Clerk a ,1, i 4 is JOHN J. WILLIAMS, MAYOR .k CITY OF KENAI and KENAI BICENTENNIAL COMMISSION I N V I T A T I O N TO PARTICIPATE IN AND DESIGN THE CITY OF KENAI BICENTENNIAL LOGO (1791-1991) ° BICENTENNIAL LOGO TO INCORPORATE EXISTING CITY OF KENAI SEAL. & MOTTO iLENq\ "VILLAGE WITH A PAST -- CITY WITH A FUTURE" ° BICENTENNITAL LOGO TO BE UTILIZED ON ALL BICENTENNIAL CELEBRATION PARAPHERNALIA, INCLUDING BUT NOT LIMITED TO, LETTER HEAD, MEDDALIONS, PENNANTS, BUTTONS, SIGNS. ETC. ° BICENTENNIAL LOGO WINNING DESIGN TO BE ANNOUNCED JULY 4, 1988 ° DESIGN TO BE SUBMITTED TO THE OFFICE OF THE MAYOR, 210 FIDALGO STREET, KENAI, ALASKA 99611, ATTENTIONS BICENTENNIAL COMMISSION, NO LATER THAN 5t00 P.M., FRIDAY; JUNE 17, 1988. ° A CASH PRIZE IN THE AMOUNT OF $250.00 WILL BE AWARDED THE WINNING DESIGN FOR FURTHER INFORMATION: City of Kenai 210 Fidalgo Street - Kenai, Ak. 99611 (907) 283-7539 or Kenai Chamber of Commerce 402 Overland Drive - Kenai, Ak. 99611 (907) 283-7989 Z4- V L� KENAI AIRPORT COMMISSION Thursday, April 14, 1988, 7 pm Work Session Held, Kenai Airport Presiding: Tom Irwin, Chairman Present Absent Tom Irwin Matt Raymond Josh Knopper Shannon Turner (excused) Frank Stevison Les Vierra (excused) Sill Toppa In Attendance: Marj O'Reilly, Councilwoman Randy Ernest, Airport Manager 1. Letter of Resignation. Chairman Irwin announced the resignation of Commissioner Raymond effective April 14, 1988. Commissioner Raymond submitted his resignation in writing and the letter will be given to the City Clerk. 2. Goals and Objectives. Goals and objectives were discussed and complied by the commissioners present. A rough draft will be presented at the next meeting to approve and revise for the final draft to submit to the City Council. Chairman Irwin will contact avionic shops in Anchorage for input regarding locating businesses at the Kenai Airport. Commissioner Toppa will check into the status of the Navy regarding the Orions being stationed in Kenai. 3. Next Meeting. The next meeting of the Airport Commission will be May 12, 1988. 4. Adjournment. The meeting was adjourned at 800 pm. .; Niva A. Aburto dba/Niva's Clerical Services V .r. i� KENAI HARBOR COMMISSION April 18, 1988 - 7:00 PM Held, City of Kenai Conference Room Minutes of Regular Meeting Presiding: Leon Quesnel, Chairman Meeting was called to order by Chairman Quesnel at 7:00 PM 1. ROLL CALL Present Absent Leon Quesnel Will Jahrig Barry Eldridge Jeff Jefferson Joe Nord Wally Keppel Page Tom Thompson Ed Crabaugh Irvin Witbro In attendance: Mike Sawinski, Keener Packing Co. 2. PERSONS PRESENT SCHEDULED TO BE HEARD NONE 3. APPROVAL OF AGENDA The agenda was accepted as presented. 4. APPROVAL OF MINUTES OF MARCH 3, 1988 The minutes were approved as presented. 5. OLD BUSINESS a. Review of Recommendation by the Economic Development Commission - Harbor Industrial Park/Cold Storage Facility There was general discussion on the EDC recommendation and the fact that there was another meeting on March 11 which outdated developments -at the March-3 meeting. The Commission will stay current with further developments. b. Status Report on the Commercial Fishing Industry Study - Coughenhower - Letter from Mayor I A ;, rl it.. L r KENAI HARBOR COMMISSION April 18, 1988 Page -2- Chairman Quesnel read the letter from the mayor regarding the April 16, 1988 meeting of the Kenai City Council, where they appropriated $5►000 to -fund the study on the economics of fishing which apply to the Kenai area. Chairman Quesnel stated that he would be in touch with Mr. Coughenhower, who is doing a study for this -Commission on the impact of the fishing industry on the city of Kenai, specifically. This is based on a study with the commercial fishing industry which he had done in Homer. c. Review of Rules & Regulations of the Marine Dock for 1988 Tabled until next meeting while under review by members of the Commission. Mike Sawinski, Keener Packing Company, asked for time to present questions to the Commission for their consideration. He asked about designation of specific truck loading and unloading areas, and expanded storage areas for the lessees, with a good secure structural fence such as a 10 ft. chain fence. He also asked if there was a plan in the capital improvement budget this year for pavement off the end of the ramp between the rest rooms and the dock for loading trucks rather than using forklifts. Also asked about extending the lease period from April l,to October 31. Public Works Director Keith Kornelis looked in at the Harbor Commission meeting and he stated that the lessees could put up whatever they want to mark the area or put up a fence, as long as they stay in their respective areas. d. Status Report of Request to the U.S. Army - Kenai River Navigation Project There was general discussion with Public Works Director Kornelis on this subject and it will require more follow up. e. Grant Application - $100#000 for Increasing the Size of the Dock.Stagi.ng Area _ Public Works Director Kornelis reported that this is still up in -the air. The grants and permits -are progressing -well, all the agencies have written their approval, and it is a matter of getting the funds. C"' KENAI HARBOR COMMISSION April 18, 1988 Page -3- f. Purchase of Cranes for Stations 2 & 3 Chairman Quesnel reported that the cranes were ordered April 7 and they have until May 21 to get them here and installed. Public Works Director Kornelis is to follow up within the week. g. Status Report - Kenai River Viewing Area Commission Member Barry Eldridge reported that according to the mayor, the grant application is going before a committee the 28th of April. No work can be otarted until the grant is approved so nothing has been done at this time. There was general discussion on the boardwalk planned to go parallel to the road for the Kenai Flats Wildlife Viewing Area. h. Status Report on Floating Dock The Commission supports the view of the City Engineer in connection with the purchase of the floating dock. L. Status Report on Navy Home Porting Project Chairman Quesnel had asked Commission Member Barry Eldridge to chair a sub -committee on this, and asked for a report. There was nothing to report at this time. General discussion followed regarding possibility of a Navy port on the peninsula and the economic impact to the community. 6. NEW BUSINESS a. Review of Leases on Stations 2 & 3 MOON Commission Member Barry Eldridge moved, seconded by Commission Member Tom Thompson that the commission support Resolution 88-27 and 88-28 and award the lease of Station A3 to Keener Packing Company, and Station #2 to Whitney Foods as high bidders. Motion carried by unanimous consent. - Roll was called for a vote. There were five votes of yes# and -� one abstaining. KENAI HARBOR COMMISSION April 18, 1988 Page -4- b. Corps of Engineers Permit: Floating Dock, Lot 23, Basin View S/D - Eubank There was general discussion of the April 6, 1988 letter from the Army Corps of Engineers. Chairman Quesnel stated that he would bring this up before the Planning and Zoning Commission. c. Commission Member Tom Thompson recommended removing Jeff Jefferson as the Ad Hoc member Aue to his lack of involvement. Chairman Quesnel will bring this up with the Mayor. 7. CORRESPONDENCE a. Corps of Engineers: Floating Dock, Lot 31 Anglers Acres S/D - Van Dusseldorp No action S. COMMISSION QUESTIONS 6 COMMENTS The next meeting will be May 2, 1988 at 7:00 P.M. The final reading on rules and regulations will be scheduled at the next meeting. 9. ADJOURNMENT Meeting adjourned at 9:00 P.M. W��• y � i'6�.Lacv"i ma L Staton, Recording Secretary Niva's Clerical Services for the City of Kenai KENAI BICENTENNIAL COMMISSION Regular Meeting, April 18, 1988, 7 pm Held, Kenai Community Library Bob Cowan, Chairman Present Absent Bob Cowan Roger Meeks (excused) Fred Braun Jackie Oberg (excused) Sue Carter George Ford Clair Swan In Attendance: Father Targonsky 1_ ROLL j Five Commissioners were present and two Commissioners absent. 2_ MEETING - TOPICS FOR DISCUSSION Chairman Cowan called the meeting to order at 7s20 pm. Items suggested for discussion for this meeting were# Logo Contest for the bicentennial, budget, land and architectural renderings. Chairman Cowan has submitted to the City Council the proposal for the Goals and Objectives of the Bicentennial Commission. 3. ABSENCES Commissioner Ford and Commissioner Swan asked for an excused absence in May, which may be for one or both meetings. a. LOGO CONTEST Commissioner Carter was asked to Chair the committee regarding the logo contest. Items of discussion# committee should -consist of three people to establish a plan# a board of three selected to judge the entries# set prize for the contest# logo should incorporate the elements of the City Seal# artistic considerations, acceptance date, utilizing the logo for promotional items and, persons qualified to enter contest. Commissioner Carter asked Commissioner Swan to join her in devising- a plan for specifications -to- present to- -the- commissioners at the next meeting for review. The plan can then be submitted to the City Council for approval. L 1Z r-- KENAI BICENTENNIAL COMMISSION April 18, 198B page 2 S . LAND Mayor Williams asked Commissioner Carter to relay to the Commission that he would like the commission to bring land selections, options and estimated costs to the City Council. Commissioners Ford and Braun will gather the information regarding the three parcels felt to be good selections and assessed values. They will bring the information to the commission by the next meeting. 6. BUDGET Commissioner Carter gave an example and brief outline of a budget of costs from a previous event to give the commissioners an idea of what type of work is involved and what costs are involved. 7. ARCHITECTURAL RENDERINGS The Commissioners present discussed the possibility of approaching architects regarding a proposal to design a Bicentennial building. Items to consider should be a structure designed to fit the land, possibility for expansion, amble parking areast and, size and cost of building. Chairman Cowan will gather information and present his findings at the next meeting. S. NAME Several ideas for the name of the structure were considered and discussed. Kenai Bicentennial Museum was one name the commissioners discussed as a possibility. 9. ADJOURNMENT The meeting was adjourned at 8s40 pm. !/GWX."yl - i Nava A. Aburto dba/Niva's Clerical Services L "'i i .i P`7 KENAI PARKS AND RECREATION COMMISSION Minutes, Regular Meeting Tuesday, April 19, 1988, 7s00 pm Held, Kenai City Hall, Council Chambers Presiding: Dale Sandahl, Vice -Chairman 1. ROLL Pre_ Absent Dale Sandahl Richard Hultberg (excused) Jerry Carlson Cynthia Salazar (unexcused) Marvin Siekawitch Annette Hubbler (unexcused) Roger Seibert (arrived after roil) In Attendances Kayo McGillivray, Director, Parks & Recreation 2. PERSONS PRESENT SCHEDULED TO BE HEARD None. 3. APPROVAL OF AGENDA Agenda was approved as presented. 4. APPROVAL OF MINUTES - February 23, 1988 Minutes were approved as presented. S. DIRECTOR'S REPORT a. Regional Conference. Director McGillivray and Mr. Musson were both able to attend the conference. The coverage did not meet the expectations anticipated on parks, however, the conference was considered fairly good. Washington has changed its State Conference from the fall to the spring. Mr. Musson was able to attend several different computer sessions for parks and recreation programs. It was further reported, the conference for next year will be held in Anchorage, this will -be the State, as well as the Northwest Region* it will'be held from May 20th through May 24th. There may be some funding available should some of the commissioners wish to attend. An attractive package for the conference is being prepared in hopes of gathering a large turnout. Director McGillivray has been and still is Past President of the State Association. b.- - Budget. -Director-- McGillivray -gave a. _brief- report on the status of budget cuts in Parks, Recreation and __Beautification, which was mainly in small tools. I i' 6. is KENAI PARKS AND RECREATION COMMISSION April 18, 1988 page 2 6. OLD BUSINESS a. Municipal Park. Director McGillivray is not able to measure the area park to gather cost figures for a parking area as yet, due to wet conditions. 7. NEW BUSINESS a. City League Basketball, City League Basketball is being put into the City Recreational Program. Director McGillivray explained the process and statue of the program. b. Adopt a Park Meeting. This program has been done in Anchorage. The meeting is being held in Soldotna and attended by Mr. Musson. Information and materials from this meeting will be presented at the next meeting of the Parks & Recreation Commission. as Memorial Park Dedication. June 11, 1988, 1 pm, will be the day of the dedication for the Memorial Park. The Mayor and Memorial Park Committee are planning the dedication ceremony. Veterans will have a ceremony at this time also. (- d. City Cleanup. Director McGillivray explained some cleanup has already began. The Lions Club will be cooking hot dogs again this year for the city cleanup day on May 14. as Civil Liability Resolutions. Director McGillivray gave the commissioners a copy of four Resolutions regarding liability being introduced into the State House and Senate in conjunction with Alaska Recreation Parks Association. f. ARPR Letter. The ARPR Board has sent a letter to the President of University of Alaska. The letter proposes the college strongly look at offering a program into either parks and/or recreation. The President responded in favor of this and will take the letter before the Board of Regents. 8. COMMISSION QUESTIONS & COMMENTS Commissioner Siekawitch asked when softball could begin. Director McGillivray indicated the fields were still wet. Commissioner- Sebert-asks- about softball tour name nEe planned. Director McGillivray indicated, possibly the Memorial Day weekend co-ed tournament put on by the Umpire m ' KENAI PARKS AND RECREATION COMMISSION April 18, 1988 page 3 Association. There is also some indication of a Class B tournament in May, which is held in Anchorage. Further discussion was held regarding the basketball program by the Commissioners and Director McGillivray. MOTION Commission Carlson moved to recommend that City Recreation _........ c _. adopt the Mons Basketball Program. {, The motion was seconded by Commissioner Siekawitch. The motion passed by unanimous consent. y� 9. ADJOURNMENT The meeting was adjourned at 8 pm. i y / Va * Aburto dba/Niva's Clerical Services 1 IJ� ,AaJa eRecsaauon and JOaJ c4ssoctafiaa RO Box 102664 Anchorage, Alaska 99510.2604 i AIASM TMMWOCN AND PARR ASSOCIATION RE5 MMICN NO. 68-3 A RESOLiTl'ION IN SLTPORr CE SATE BILL N0.447 FNPITLED "AN ACT RELATING M GOVFIi134 W 1,132011 '1'Y FOR D M; GE OR INJM RESULTING FROM HA MMUS RF7CREATIONAL XMIMIES". WHEMM, certain cminon recaceational activities have an inherent risk of injury which tinder cw=t state statutes limit the state and its local goverranents in their ability to provide recreational opportunities to its citizensi and WFIE MS, tau dcipalities are having to reduce or close recreational ser- vices because liability insurance is either unavailable or too expensive; and WHEREAS, voluntary organizations help provide communities with a broad spectrtm of recreational activities not being offered by the public sector and establishing a cooperative relationship as defined in Senate Bill No.4.47, under the local government would enable to provide programs they might not otherwise be able to provide; and WHEREAS, the President's C=dssion on Americans Outdoors has recommended that the standard of care for which -an organization or government should be responsible in providing recreational opportunity be shifted fron "mere negli- q" to "e,�ross negligence" • NOW THMMRB BE IT RESOLVED that the Alaska Recreation and Park Associ- ation urges the Alaska State Legislature to adoptSenate Bill No.447 entitled "An Act Relating to Goveimmt, Liability for Damage of Injury Resulting from Hazardous Recreational Activities". "All is %s -Cpiofift'► I C,' r— DATE: April 14, 1988 TO: John Williams, Mayor of the City of Kenai N Members of the City Council n 9 FROM: Dottie Krzyzanoski RE: Resignation Please accept my resignation as a member of the Kenai City Planning and Zoning Commission, effective immediately. My spouse has accepted a position in Wyoming and we will be leaving soon. Thank you for the opportunity to be of service. L I r-- CITY OF KENAI "Dll ea�a�tarl o� >14�z�a" NONINUM MAI,AIMM "Ili TELEPMOM M•7=1 MEMORANDUM - TO: Mayor Williams and Council FROM: Planning & Zoning Commission Janet Loper, Planning Specialist DATE: May 3, 1980 RE: Request for Work Session At the regular meeting of the Planning & Zoning Commission on April 27, 1988, the vacation request for Dena'Ina Point Estates was discussed. The vacation request is phase II of an overall redesign of the existing Tracts D-1 through D-7 to develop the property as commercial. (Copy attached.) It was the decision of the Commission to take another look at the entire development including the rezoning and are requesting the Council -meet in a joint work session sometime soon at the Council convenience. The date suggested by the Commission is Thursday, May Sth, however, will stand with the decision of the Council. The notice of vacation request states, "The council has 30 days from April 18, Igoe in which to veto the decision of the (Borough) Planning Commission. If no veto is received by the Commission with the 30-day period, the decision of the Commission will stand." Upon contact with the Planning Department of the Borough, they will accept a decision on or before May 18th which need not be the veto described. If no action is taken, the decision to vacate will stand. The entire development was to take place in three phases. Phase I was to rezone -on a concept -basis.- Phase I1 was to vacate -existing -- right-of-ways and easements, Phase III was to submit a final plat. -Copies of the partial verbatim minutes of, 1)_the_Planning Commission meeting of April 27, 1987 and; 2) the Planning Commission meeting of April 27, 1988 are attached. The entire package including maps will be available at the work session. f7. 1.'. (Portions of the following minutes are verbatim) f ) PLANNING; & ZONING COMMISSION MAY 13, 19BY Page 22 of this state to rebuild another hotel, pawn shop, liquor store or club on this same premises. This would be you know, almost (inaudible) after 35 year of contributing to the economy of this area, you know, property taxes, sales taxes, and so forth. r ll she wants to do is get this zoned commercial. This will also enhance the sale that she is, so to speak forced to sell her business. Its only for that one lot, the other lots will remain light industrial. Lot 3 has a repair garage which falls into either zone. The other lots are vacant and the trailers which are illegal there are advertised for sale. There is no attempt to make a trailer park out of the other lots." Chairman Lewis called for comments from the public, there were none. Chairman Lewis brought discussion back to the Commission. MOTION; Commissioner Smalley moved for approval of PZ87-4, Lot 1, RM Thompson S/D Henderson Replat, seconded by Commissioner O'Reilly. Chairman Lewis stated that,looking at the Comp Plan the area is being - designated as Medium Density Residential. The Commission concurred. Commissioner Bryson asked to have the existing zoning clarified through the Comp Plan now in use, answer still the 1980 as the new one has not been approved. It was noted that the lot in question is just under the one acre limitation, while if the petitioner would consider zoning the lot which includes the shop, the inclusion would bring the acreage well over the one acre. The petitioner stated that ideally, she would like to rezone the entire area which would include the club, the garage, and the lots with the trailers. The Commission concurred. MOTION AMENDMENT: Commissioner Smalley moved to amend the motion to include the entire property outlined, with approval of second. VOTE: Motion passed unanimously. c. Resolution PZ87-3: Rezone Tracts D-1 through D-7, Dena'Ina Point Estates, from RS to CG - Roberts and McLane Sam McLane, representative for Royce Roberts came forward to present the' proposal. Mr. McLane stated that since this is a continuation, he would briefly recap the plan. "I have added some acreages on these tracts shown on this land use concept map. Once again, we are making residential to the northwest, the First_ Baptist -Church --is located here, all the property across the highway is City of Kenai and presently all this property is undeveloped, there is one old dozer trail with a small clearing in here, but all the areas shown where the screening easements are shown here have natural vegetation, the intent of the screening easements is to leave the natural vegetation intact. " N r ...................: n . PLANNING & ZONING COMMISSION MAY 13, 198 Page 23 "These tracts range from 1.3 acres to 7.1 acres, so the intent is to go through the rezoning process, and get a conceptual or conditional approval, then vacate the existing ROWS, replat with this modified ROW alignment and return to the tract status as the property exists now, only with the general commercial zoning. And as we discussed at the last meeting, that is going to take some vacation hearings and so forth for the existing ROW's, easements and so forth. I took the liberty of drawing this in on the zoning map so you could see how it fit in with the existing residential zones and this west Kenai neighborhood, some limited commercial along the highway heRe and this commercial area we just discussed adjacent to that last rezoning request." "In reviewing the existing Comp Plan some of my remarks, the existing Comp Plan is a little out of date, I know you have a new one that's under consideration. I looked at some of the items in each Comp Plan and the newer one - relating to the growth factors, there's expectations of the City growing from a 1984 population of approximately 6200 to 9350 in the year 2000 with the Kenai/Soldotna central region going from approximately just under 25,000 to 36,500. This would have an increase in housing units in the Kenai area from 2446 to 3591, an increase of 11 or 1200 housing units. On the commercial apace in Kenai, using the new Plan figures, a little over a million squaro foot of commercial space, and that's all categories, in 1985 to an expected amount of over 1.6 million square feet in the year 2000. Now these figures out of the new Plan did not assume the start up of Diamond Shamrock or Beluga Coal coming or any new petrochemical or that type of industrial growth in the central peninsula area. The Plan addresses economic development strategies, these are suggesting promoting a positive climate for new business development, preparation of an economic development strategy, maintenance of the city's policy of putting city -owned land into productive use by the private sector when there is a demonstrated public benefit and an enhancement of the contribution of recreational visitor industry to the city's economy and encouragement of tourism. Those are the majors items addressed in those documents." "Regarding the land use, the Comp Plans encourage infilling of the central area. Strip development is along the highways and major arterials is discouraged. In 1980, the Plan said there was about 340 acres of commercially zoned property of which around 120 acres were developed at that time. What I've done here is shown, as we all know this, this in -filling is going on in a rather orderly fashion, in this area east of the older downtown area, I've highlighted these areas that have filled in. In other words, assuming these properties that were available in the 1980's (inaudible) you've got this development along the Spur and out here to the pizza place, HEA using this tract, King Oscar using this large tract here, under option for large (inaudible) type development. I'm using this to illustrate the fact that these larger tracts have basically, well they were originally the -airport leased lands, -they've gone into private hands, we've had orderly development here, starting, we've had, its been back and forth a little bit regarding landscaping and so forth, but we started out with WN -PLANNING & ZONING COMMISSION MAY 13, 198 Page 24 development here, the Uptown Motel and essentially this has filled up to the end of General Commercial Zone in this portion of town. There are scattered tracts through the central area that haven't filled up and as Commissioner Michou mentioned, at the last public hearing and in Commission discussion he would got a land inventory and I don't know if you've all seen it, I've got a copy of it here". "There isn't that much commercial property oti the market right now, these were highlighted by Leighton, just to show, and these are not all the properties available but this is off'the multiple listing service and in the commercial designation and a lot of these are not in the central area, these highlighted here, -there -are some tracts in the Wildwood area, they are a quarter of an acre and on 61/4 acre parcel in the Radar 8/R area, then these listings here are all in the Thompson Park area and they are the small 1/3 acre size lots. I know there is commercially zoned property out there, but you know that you've had a lot of resident comment from that area whenever commercial development has gone on.. Mr. Michou looked around and there are various tracts available that aren't colored in here that you can see, there's this corner here next to Beaver Loop and so forth". "The point of this is to show that, and also the zoning map, I took the liberty of adding this line here because the zoning map indicated these larger tracts downtown and they are more than downtown they are over the bank. That really reduces the size on those when compared to a parcel here. The request we're making and you can see the acreages we're talking about. The Comp Plans have always encouraged, the earlier Comp Plan said confine your commercial area between these wooded revines and that was a good plan at that time, it still is good for in -filling, that's very desirable, but as you can see this is a small scale map, we don't have any parcels left in this area of any size, particularly there's no bluff parcels available of any size to allow commercial development or a planned commercial development where you would have numerous segments, an orderly development that would fit in together, allow room for adequate parking, snow storage and drainage, and your landscaping easement". "The, just some statistics on this, it was called the west Kenai neighborhood, when fully developed the 1980 Comp Plan estimated it 26 and a half thousand people could live in this west Kenai area and that's this side of the ravine. And that would be housing approximately 8,000 housing units. Now thats full development of all residential land. By 1990 that particular plan projected 4270 people in this area. Now we all know we have a slump, a slump, these Comp Plans are supposed to get us through, now the new one's addressing it to 2000 calendar year, somewhere in that area where we look ahead. I've looked at Comp Plans for the area around here, I'm not, I haven't developed any of them but I've always had a, I'll just admit this right up front, a little bone -to pick with the Comp Plan that the consultants come down and give to the local area, I don't know it seems to me they're based on a small town that doesn't go through the growth cycles like we've experienced here in the Central Peninsula. For instance, this plan that says keep all your L PLANNING & ZONING COMMISSION MAY 13, 198 Page 25 commercial development here, well that's good to in -fill there, and I, as you can see, this is about 4 years worth right here if I can remember correctly, this development shown in pink, well when you have a growth spurt it doesn't take too long to fill up this area, particularly when ;;you're talking little lots". "So these incongruities become apparent. The Plans, desires to encourage economic development, enhance the contra.bution of the tourism, visitor industry, thats a real buzz word these days because that's the thing thats projected to hold now that the Borough tourism report is anticipating a decline this year, but not a drastic decline, but a temporary one that's based on a slower economy in Anchorage and a lot of our visitors are out of Anchorage. Those planners that did that project for the Borough Resource Development also pointed out that the Peninsula is really lacking as a visitor destination point, we do get some people down here but we're not really living up to our potential". "Another thing they say, lets in -fill these areas, well as I pointed out, that's going on. When you look at the basic property inventory we're filling up the commercial. Now we do have, I don't have the whole area here but of course we go out to Thompson Park and the area by Morgan Steel and the old Beaver Creek S/D that the state did years ago, there's commercially zoned property there, but you can't really associate that with the central area. And that's why this, this doesn't fit the Comp Plan, I went through it, you can't make it fit and you can quote some things out of the new Comp Plan that Janet put together regarding land use and the things we want to do regarding commercial development and that's cited on page 28 of the draft, "establishing commercial districts due to the highway neighborhood and central district settings, concentrate commercial development on strategic locations along the Spur Highway where you can control the traffic movement, require that the access to commercial sites be restricted to arterials or collector streets, and not have commercial sites accessed through residential areas, and enact some neighborhood commercial zone and designate selected neighborhoods within the general commercial land use category." "These are suggestions in the new Comp Plan. Well I would submit that this sort of plan, to do here, we can accomplish this sort of thing although the Comp Plan says specifically to encourage growth in the central area, but general if we're going to say that, you know, looking to the year 200o or perhaps a little further into the future, it would be nice to have some bluff property that takes advantage of the city Bitting here at the mouth of the river and Cook Inlet. All the property when you're talking about trying to develop tourism and visitor potential, and you don't have a hotel or a restaurant site anywhere where you can virtually even see the inlet or the mountains across and so forth, we're certainly not utilizing the city's potential to the fullest. The city was probably established here because of the inlet -and the mouth -of the river and has grown significantly because -of that". "The Air Force added a bunch, we'-ve-got-this property-available_-ou-t-her-e- and where some new hotel sites have gone in here and hotels that needed C - III BLANNING & ZONING COMMISSION MAY 13, 198 Page 26 �} to be downtown which are convenient transportation wise and road wise _ and airport wise, but they certainly don't have the visitor appeal or ' the esthetics that would be available to a bluff location in this area". "Another thing here, we have the opportunity now, if, you can see all the is in here, this is either rural residential or suburban residential, but this whole area, as I stated earlier, can hold - £ something on the order of 25,000 people, that's a long way off, we have a lot of room for residential, we certainly don't want to put (inaudible) back in here. The fact of the matter is the traffic particularly from the development out north as people come in to town from Nikiski area or Salamatof area, this is the part of the town that they are going to encounter first. And I think we could use some more commercially zoned property, not for development tomorrow or next year perhaps but to have some tracts of this size available, this particular tract here or block has about 1100, of bluff front. There's a lot of things that can go on there, we're not deciding any specific thing, I've heard there are some rumors going around but this rezone is not intended for a specific use at this time, what it is is to get some commercially - available property, commercially developable property available within the city limits so when we come out of this slump which, hopefully won't last too much longer there will be some areas. That people can look at„. ,. "The Plan says that there's a lot of businesses and so forth that have been established outside the city. Certainly some of those are more suited to be outside the city, but probably some of them, it might be desirable to have within the city for the taxes. We have an opportunity now to take a look at this are, this largely undeveloped, this is a photo taken last year so it's pretty current. As you can see Inlet Woods . streets are in and so forth. So you can see this is undeveloped and the city owns this, I don't know if its just a planning commission yet I would assume there are some proposed ball park going in in this area and of course the close out of the landfill there will be some sort of contoured and drains site that's seeded there will be no developed there, but across the street from this there's going to be a lot of green areas so while this could be categorized as strip zoning or spot ' zoning. I think there are some reasons for it, we have this, all this residential development starting here at Woodland a►d coming clear through, along Forest Drive and out to the bluff and Redoubt Terrace that is not going to be supplanted any time in the near future. Its not to going be forced out". " "But we have a natural break here with the city property and this dog leg and the bluff where it comes in right behind the First Baptist _ Church which has.a_sizable parcel here -There -ia room to continue a . s, road through here but certainly for the area here, this is one inch equal 600 feet so for a sizable area in here there room for bluff_ - - -' - - _isn't lots and have an adequate bluff setback. So we do have a natural . necking down, more or less a tapering down of the residential zone and then its beginning further on down the road so what we're requesting is that residential begin a little further down. And if we, if this rezone goes R` is y PLANNING & ZONING COMMISSION MAY 13, 198 Page 27 through now before this is developed, and residences are built in here we won't have the situation that occurred earlier here tonight, we can, I believe we can adequately address the buffer zones, the traffic flow, and those sort of items now and look ahead. Like I said we're not expecting development on this next year or the year after, but looking ahead to the future. So while it isn't, right in with the Comp Plan I believe these Comp Plans are perhaps a little lacking in this commercial area. Although when we're talking about development of commercial districts this type of development does, in my opinion fit with the goals laid out in the Comp Plan. Regarding the buffer areas, the street, access, and so forth. So, that's all I have on that. I wish I could pull out the land use map where it says lets have some commercial zoned property with some bluff front and beautiful view available but there isn't any in the Comp Plan. I nertainly think the city could use some." Chairman Lewis opened the issue to the public for comment. John Cooke: "In listening to Mr. McLane, I'm wondering and in sitting in on some of the comprehensive planning reviews that took place years ago I think the comprehensive planning review basically tried to keep the development of the city into a core area to avoid, remember discussion was to avoid the spreading out of our commercial endeavors to make it look more like a cohesive city. And this is, I don't know if anybody has ever taken an opportunity to walk or to drive through this area, I guess you'd have to walk through most of it, but it does afford a beautiful view, esp. if you had a large home (inaudible, papers rustling) structures of the inlet. It seems like it would be more compatible to keep it residential over spreading out the commercial center of the city. And I think the city has done a tremendous job with its Comprehensive Plan to this point, I would hate to see you start spreading the city farther away from the core." Chairman Lewis closed the public hearing and brought the issue back to the Commission. MOTION: Commissioner Bryson moved approval of Resolution PZ87-3, seconded by Commissioner Osborne. Commissioner Smalley, "I question that Councilman Wise brought up last time this came up, has the petitioner, what are the petitioners thoughts on having to completely pay for the parcel or is it completely paid for, if its resubdivided under current ordinances, I think it has to be paid for prior to ... correct?" Sam McLane: "I really didn't go over that totally, there's, as I said what we're requesting here is a conditional rezoning approval at this time, because we don't have an accurate legal description. The intent --is-to-r-equest the, once the conceptual approval or the -conditional - approval is granted is to request the necessary waivers to do the replatting and end up -with the large blocks available that would r-.. - - - PLANNING & ZONING COMMISSION MAY 13, 198 Page 29 section 36 dispersal would be there. In other words, the access and the corridor for water lines to get to this street and to this street would ' be there. But essentially what we're asking for at this time is to have these blocks just the way they are, shown here. No further platting of;,z. small lots at this time. The platting would come some time in the future". - Commissioner Smalley, "Is that not in a sense a replat then." Mr. McLane, "yes this is a replat. But what I'm saying is the replatting it } ' into the blocks as the city did with the entire Dena'Ina Point." i 4 Commissioner Church, "When you get to the final platting, say we do this - and you get to the final platting doesn't it come back to us for k approval?" Mr. McLane, "yes, the platting for this and then when ' further subdivision is done with, when we get into the commercial you'll have your site plan review and your landscaping and all those reviews will be done, but if say, if there is a planned commercial development for this tract here, where someone doesn't want to development and I'm speculating into the future, to explain the process, doesn't want the -- -- -- --; full 7.1 acres, but wants this portion here, then that plat would come through the city." I Planning Specialist Loper, "If I may help the Commission a little bit, we had a similar situation, and I think it was yours also, for Parsons S/D? On that the Commission gave approval of the rezoning and it was to be contingent upon the filing of a final plat which would be coming before this Commission." Commissioner Smalley, "but right now the power lies with the city as far as the sale of that property of the conditions of the sale is that before it be resubdivided it would be paid for in - full. I think that's an agreement on the purchase contract. CHANGE TO SIDE 2 OF TAPE. - Councilman Wise, "...Really the administration and Council and the buyer, but is a material thing. The only comment I would make here is that I, as I understand what is being requested is conceptually do you agree with this. I would point out, a little bit in contrary to Mrs. Loper is that the, not in my mind, be necessarily be binding in the future. Is that, I think, you get a little play on words and though I don't claim to be an attorney, I think that you approve of developing, ' I I what they're asking, as I understand it, to approve further development ` M of the concept. Which does mean that you cannot in the future turn down the concept. Its a little fine things that your not committing, as I would envisage it, you're not committing yourself to approving this as 1 presented in final form, even the rezoning or anything. All you're doing is, maybe I've got Mr. McLane wrong but this is not an action - which precludes you from reversing yourself in a future date. When you get the final plat and the deliberate delineation of the plats be --- "----=- discussed: -He-is very correct -in -that he can -It final approval because you don't know......" Planning Specialist Loper, "you don't have a legal description".- Councilman Wise, "you don't lave a correct -legal - description. You can't define some of these imaginary lines. on that - 4 Iyy 1, j}11• N PLANNING & ZONING COMMISSION - -- - MAY 13, 198 Page 28 i essentially return the site to the way it exists now only with a different zoning category so its the intent of the owner to ask for those waivers. In other words, right now for instance, on a rededication of the ROWS in a slightly shifted position there isn't that mom much difference really other than this new one here keeps access into the residential from having to go through all the commercial so the city would have to be signatory to the plat as the city was the one that _ dedicated all these ROW's to the public. So additional waivers to the j various platting authorities would be requested at that time. The idea was rather than to request a conditional approval on the rezone, rather than coming in here with the vacation, well it was just a lot of paper - work associated ..... _ Commissioner Smalley, "In other words no", Mr. McLane, "yea. But we know all those steps have to be gone through". Commissioner Bryson, "Question. He's asking for a conceptual approval, which .... I'm not sure we have that vehicle, ..... that a conceptual zoning .... could be approved. Correct?" Chairman Lewis, "As I understand it its either a conceptual .... " Commissioner Smalley, "it either is or it isn't". Chairman Lewis,"Yes. There's nothing I - conceptual about it at all. If we vote for it." Commissioner Michou, "Either we have it or we don't, its either commercial or it ain't". Commissioner Smalley, "In other words the vehicle we would have to approve of this or not, not of the conceptual basis." Chairman Lewis, "we're not approving the concept, we're approving the actual rezoning". Mr. McLane, "I hate to interrupt again but I used the term conceptual and conditional because at this time, this parcel is in tract, legal configurations that are different from what's shown here. So the reason I said, say we use the term conditional rezone, there isn't a legal description for this tract right now, that's why, even though this part is the remaining residential, we asked for rezoning or advertisement of all the tracts because the . this is, this is what the tracts look like now. You see they're slightly different but in other words this is Tract D-9 of Dena'Ina Point Estates as recorded on plat 64-107, so ... this is a concept we're asking for approval for, but when you grant the rezone you have to have the legal description and we don't have a legal description until we go through all that platting process." Commissioner Michou, "so all we got to do is get it platted and since we've already approved it as commercial, then we wind up with 13 quick stops or video rental stores and we've had it". Mr. McLane, "in the planning process, we have public hearings on the .... on the ROW vacations and so forth, that have to go through that standard procedure and so forth but yes, once, if you approve a conditional rezone on this map, it is a rezone". Commissioner Michou, "I can't see the lines but I'm saying if I can count 13-lots along the highway we could conceivable wind up with 13 small businesses". Mr. McLane, "the intent at this time, these were shown, these Interior lines were shown at the time just to show, just to give you an idea of some size that could be available, ( -the-intent now is to plat the ROW's so the original intent of this - - - - - -- — L L.. f i. -j '" r� PLANNING & ZONING COMMISSION MAY 13, 198 Page 30 basis I would say and I think it has to be arrived at between the applicant and the Commission is an understanding, are you committing yourself to another step of approving a replat, vacations and so forth. If that's the request then I think you should be very careful about ... they are simply saying that as of this moment you have no problem with never continuing developing, finalizing this concept, that's something else again. Its a fine line of difference and I think its got to be clarified, what you are doing and what you are being asked to do." Mr. McLane, "May I clarify that, I know that this is resulting in confusion here, but what we're requesting is a conditional approval contingent upon the filing of a final plat, recorded in the Kenai recording district that looks just like this that would overlay right here, it would actually have a tract designation on this bearing and distances and exact acreage and a recording stamp down here just like the original. Because like I said we have to go through the ROW vacation process, the resurvey, the resubmittal of the plat and so forth into the commercial configuration, that's a lot of work to go through its a lot more time on the Commission's part, we felt it would be better to get the conditional zoning request in, if you approved of the zoning and the land use then we would do the platting. If we went right now and went through that platting procedure, came in and just did a replat, assuming that the City administration and the Council would be agreeing to shifting the location of the ROWS and so forth and then got this done and then came in and said ok, we want to rezone these areas I've outlined in brown to a general commercial designation and it was turned down, we would be left with a bunch of ROWS that weren't really in the best configuration for residential. And then we would have to go back through, vacate those and go back to the original. Thats why the intent was to come in and request a conditional rezone for these and the rezoning would be contingent upon a final plat that would have this configuration to show the new ROW locations, the screening easements would be platted and dedicated on the final plat. I call this concept, call it a preliminary plat, but its really not a preliminary plat because it has not been submitted to any commission. That's why this plat is in this configuration and when that was done it would relieve the contingency in the zoning, would become finalized". VOTE: Motion passes Church - yes Michou - yes O'Reilly - no Osborne - no Smalley - no Lewis - yes Bryson - yes S. APPROVAL OF MINUTES OF April 22, 1987 Minutes were approved as submitted 6. OLD BUSINESS None KENAI PLANNING & ZONING COMMISSION April 27, 1987 7:00 PH Council Chambers Mal Smalley, chairman 7 (portions of the following minutes are verbatim) 1. ROLL CALL Present: Smalley, Bryson, Church, Nault Absent: Brown, O'Reilly (excused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Tidelands Lease Application: Northland Services, Inc. Miles East of the Mouth of the KenaiRiver Administrative Assistant Geratlauer, explained that this is back before the Commission as a formal lease application. The original discussion was concerning whether or not to make the land available for lease. In accordance with the code we are now holding public hearings both at the Planning level and Harbor Commission level. We have received no comment. Jan Molders is here from Dowl Engineers to answer any questions. A reminder, you are to determine whether the contemplated use falls within that permitted under the zoning ordinance and that is your roll in this instance. Chairman Smalley opened the issue to the public. There were none'. Chairman Smalley brought the issue back to the Commission for discussion. Commissioner Bryson: In looking at our staff report it makes reference to the Corps Permit being a plat, I think that is inappropriate wording. The summary tidelands plat number, Cook Inlet number 435, that's merely a Corps application. There is no plat that exists. Administrative Assistant Gerstlauer, no there in no forma-1 plat 9f_the. leased area,--the-applicant filled that, out. The code goes on to state appraisal and surveying is required. I'm not familiar with surveying tidelands, I'm no certain that is really necessary. It has not been accomplished. Commissioner Bryson: when this was before us before, we approved the leasing of tidelands in general, I think that was the thing J F,o d PLANNING & ZONING COMMISSION April 27, 1988 Page 2 before us. There were several comments made about how this parcel is situated in relation to the channel and after the meeting, the next day I went and plotted that up versus some air photos of the ' mmwk river and it occupies a good portion of the channel that's used �; for navigation. And I was wondering if, if we don't have the I review authority on that aspect of it, who is doing it. Administrative Assistant Gerstlauer, the Harbor Commission. The Harbor Commission is looking at it Monday. On that portion of that. Jan might be able to answer that too, I know the Corps of Engineers, according to Jan, approved'their permit so that they evidently don't have a problem with it. Commissioner Bryson, what permit is that. Administrative Assistant Gerstlauer, I'll let Jan answer. Commissioner Bryson, this same tract? Administrative ' Assistant Gerstlauer, the permit for their facility. Commissioner Bryson, yea but at this point, they're wharf plan isn't proposed to extend to the limit of their lease, its along the shoreline and what activities are they proposing within this lease that wouldn't have been addressed? Administrative Assistant Gerstlauer, I'll let Jan answer. Jan Molders: the extent of the lease parcel boundary does exceed what we're proposing, I think the dock itself extends maybe 200' out. The applicant I guess was a little uncertain at the time we put that together as to how far his facility was going to extend and its not necessary probably to have lease parcel itself be ^' quite as extensive as its shown and we wouldn't have any problem i with it being pulled back somewhat. our main concern is that the facility as proposed is entirely encompassed within that area. And the Corps has indicated to us, as has the state that with our revised our application they are just days away from issuing a permit for this project. Commissioner Bryson: has the Corps established a wharf line along there that they, were they will approve structures that are ..... Jan Molders: I'm not familiar with the term wharf line but what they have approved is the structure that we're proposing, the floating ramp and dock facility. And if it varies substantially from that design their permit would not be valid. Commissioner Bryson: I don't have a, a great, well I have less concern I guess if the proposed tract were more in conformance f with the adjacent leases rather than extending, you know half to 1 two thirds across the channel. Jan Molders, that was not our intent. Commissioner Bryson: are there any existing mooring leases in this area? Administrative Assistant-Gerstlauer*- held by -the City? - - --- Commissioner Bryson, well, by individuals, like Corps permit. Administrative Assistant Gerstlauer, I don't know. - - - - - - - ---- Administrative Assistant Gerstlauer, this could be modified back then to say 3001? Jan Molders, oh yea. Commissioner Bryson, the Harbor Commission will probably consider that anyway but...... ii • PLANNING & ZONING COMMISSION April 27, 1988 Page 3 Jan Molders, part of that came out of the irregularness of the coast line at that point, we're just wanting to make sure based on where we were ..... Commissioner Bryson, from the initial boundary from where that wao put in, in the downstream boundary it sticks out about twice as far as the adjacent lease. Another third of the upstream (inaudible). I don't know to what extent . _ they obstruct or could in the even they were utilized. But there (inaudible) public hearing on this or is just a review. Administrative Assistant Gerstlauer, no a public hearing on Monday. Commissioner Bryson, and our purpose is to review consistency with .... Administrative Assistant Gerstlauer, with the zoning. Chairman Smalley, that basically its a use that falls within that zone. MOTION: Commissioner Bryson, I move to find the proposed use consistent with the zoning, or is found to be consistent with the zoning, seconded by Commissioner Nault. - Chairman Smalley, ok its moved and seconded that this use, Northland Service Inc, application for tidelands is within confinements of the lease, any discussion? Or within the zoning. E Question. VOTE: Motion passes unanimously. Commissioner Bryson, Leon are you with the Harbor Commission? + Leon Quesnel, yes. Commissioner Bryson, I wonder if I could mention again two things " I just brought up. One is the proposed tract that is to be, lease, or platted or leased. It sticks out considerably beyond the adjacent approved uses. or they may not be City plats, I don't know, but certainly they've been approved in some relationship to the channel and everything else and I wonder if .... in looking at their photos it appears as though the proposed lease occupied a considerable portion of the channel to that area. ,a Leon Quesnel: it appears to yes, we'll be taking a closer look tomorrow ... Monday. In the meantime I will talk with city administration on it to get (inaudible). Administrative Assistant Gerstlauer, Phil, we do have copies of those tidelands surveys upstairs, the ones that flank either side of this so we can look at how far those go. You'd feel more comfortable with it if it was more in line with .... Commissioner Bryson, well I'd like it to be reviewed (inaudible). The shorelines might have changed 50' from } when the tideland surveys were done also. Chairman Smalley, ok, it stands approved. 5. APPROVAL OF MINUTES of April 13, 1988 i f Minutes were approved as submitted. L 1:;.; 71 PLANNING & ZONING COMMISSION April 27, 1988 Page 4 6. OLD BUSINESS :1 Pi, None 7. NEW BUSINESS *'I ---- a. Vacation: Easements & ROW's Within Tracts D-1 - D-7, Dena'Ina Point Estates (Section 36) - Royce Roberts i - Planning Specialist Loper introduced -the issue with a short - background on the first phase. This Commission needs to pass a 1 recommendation on to the Council and the Council in turn will -_.----- '. -.-- recommend to the Borough. --. --..- Chairman Smalley: Is this the one that came to us when there was l concern about the removal of the buffer. Planning Specialist j . Loper, I believe so. Commissioner Bryson, what was this? Chairman Smalley, they wanted to take the screening from the highway off and there was concern about the screening from this - -- end. The application I think removes it. It makes a portion of it commercial and a portion of it residential. Commissioner Bryson, question, the initial submittal to us as regards the resubdivision, or -rezoning of this area indicated that it was going to be a mixed commercial residential use, yet this indicates that they are proposing to rezone it all commercial. Planning . Specialist Loper, I hadn't noticed that. Commissioner Bryson, its (� in our summery. Planning Specialist Loper, where did you find that? I see. That's the old one, do you notice the date? It is April 17, 1987. That is the backup for when they first came to us. Is that what you are referring to? Chairman Smalley: that piece of property to the south of the, which is hero, right? Now this is where the church is, on this one, and in reading through it, I understand that the screening will be removed completely? Planning Specialist Loper, the • application speaks of removing screoning easements. Commissioner Bryson, same comment, or same subject, the April 6, 1988 indicates that phase I which is the rezoning is from RS to CG. Chairman Smalley, the whole thing to general commercial. Commissioner Bryson, I haven't been able to find a description of phase I yet. Or a portion. (large portion inaudible due to papers shuffling) Planning Specialist Loper, of course the rezoning was based upon the submittal of a final plat. Commissioner Bryson, we're proposing to rezone this but which area are we rezoning. Planning Specialist Loper, if you remember back, we've had two instances where we've had a_ rezoning_ based on the submittal of a final plat, one was Parson, and one was this one, with no concrete plat to look at to say which is going to be residential and which is ------ commercial. The way we did -it was say; -just the -way it -says in - the description from suburban residential to general commercial based on the submittal of a final plat which we approved. Commissioner Bryson, but we had a schedule before us which showed PLANNING & ZONING COMMISSION April 27, 1988 Page 5 us what they were doing. Planning Specialist Loper, yes. That doesn't mean that's what they are going to final. Commissioner Bryson, well if it varies significantly from that I would reject it. Planning Specialist Loper, right, and we won't have that until after these vacations come through. They are giving it to us in one package, we're getting it by phases. Chairman Smalley: according to the map here it talks about the easements being vacated, the screening easements being vacated, it looks like the screening easements are only the highway. Commissioner Church, well that's where -they want it commercial and naturally you don't want any screening. Chairman Smalley, I know but see my concern is on the south end next to the church there, you know about removing screening there. Its difficult to determine what is a, you know I can see the right-of-way easement... (papers being shuffled - partially inaudible) Chairman Smalley, .. and the map here doesn't show it being taken out. So is this easement going to be taken out or not. Planning Specialist Loper, I would suggest if that's what you want, that you specifically state that on the western end of it you want it retained so you get what you want. Commissioner Nault, it doesn't show a screening easement on the north being taken out either. Chairman Smalley, yea I know .... and depending upon who has this piece that's going to be decided in. I do have a concern about this piece. You know they don't show it going. But then I think, I agree, I think something needs to be said about that. Commissioner Nault: (inaudible) tracts in residential? Chairman Smalley, c-4? That shows it being commercial I think. Commissioner Church, which one is residential then? Commissioner Nault, c-3? Chairman Smalley, thats a d. Commissioner Church, what I want to know is where is the residential part of this. I understand they want all of this commercial, of course its on the highway. Planning Specialist Loper, this is the way it used to look (loud noises - partially inaudible). Chairman Smalley, this is from the original file that shows ... Commissioner Church, so they want all of this to be commercial? And this then to be residential? (loud noises and several persona speaking at once - mostly inaudible) Commissioner Church, ...all of this. Chairman Smalley, it looks like they're rezoning the whole thing. Commissioner Church, to the commercial and this .... Chairman Smalley, I mean if they're vacating these easements .... Commissioner Church, ...all the way to the bluff. Chairman Smalley, I mean this is easement this isn't screening. This is easement I'm assuming. It would be nice if somebody were here to explain their .... so this is the original one submitted. That's . D._ _ Commissioner Nault, so its a tract all by__itseIf. ___ Chairman_ Smalley, now this is the original one filed, here it shows tract 5 over here is tract 7 and its speaks D1 through 7. And then the application requests .... from Re to .... I'd feel more - comfortable personally having somebody here to speak towards it. Or can you understand it Phil. 1 s PLANNING & ZONING COMMISSION April 27, 1988 Page 6 Commissioner Bryson, although this isn't a rezoning document it certainly contents ... what's proposed is the rezoning, I think it ought to be clarified before we ..... make a reference to page one being rezoning from RS to CG I would assuma that's in part and phase two is the vacation of the rights -of -way, right-of-ways and easements and that's what they're doing now. Chairman Smalley, see, it says also vacate screening easements adjacent to Kenai Spur Highway within Tracts D1 and D7. And D7 ... are just these ... Commissioner Church, he's referring back to this original here. D1 and D7 but does it include this one here on the side? Chairman Smalley, no, nor does it include anything on the .... Commissioner Church, its just on the Spur. Chairman Smalley, that's what I thought, this map shows just this piece here, that's being, the screening removed. Commissioner Bryson, as far as the vacation tool I see no problem with what they're proposing, however, I think we, anything we do should be contingent upon conformance with, general conformance with their original layout as far as rezoning is concerned. Or request to have it modified. Commissioner Church, the original intent of this tract though was residential, is that correct? Answer from several voices, yes. Commissioner Church, and what impact would that be if this is changed to commercial all the way to the bluff? As far as we're concerned. That's a question I have. Chairman Smalley, I think it has the potential impact on anybody that would want to build a house in there. It would make the property probably a little bit less in value. Commissioner Church, that's true. If they wanted to build over here and they have, whatever, a boat coming up next to them for instance .... Chairman Smalley: what are the wishes of the Commission. NOTION: Commissioner Bryson, I move to recommend approval of the proposed vacation of easements and rights -of -way within Tracts Di through D7, Dena'Ina Point Estates, as submitted, seconded by Commissioner Church. Chairman Smalley: there has been a motion to approved the vacation of rights -of -way within Tracts D1 through D7, Dena'Ina Point Estates, discussion. Commissioner Bryson: just a, I'd like to underline a point here that, this has been, was initially approved on the concept of a rezoning a portion of this parcel and that, they should either request a modification if their proposals are different of don't conform to that. That's not a motion, just a ... they should be made aware of. Chairman Smalley: as was stated, I have a concern as far as what, you _know, if there isn't clarification and it goes commercial clear to the bluff, even the portion if its fronting the highway, I wonder what kind of impact that's going to have on the property out there as far as its value. Residential. Because I think at i PLANNING & ZONING CCMNISSION April 27, 1988 Page 7 one time we, our intent was to keep the commercial within, within the inner city. And now we're looking at a piece, or an ordinance, or request to extend it. Councilman Measles: initially, as I recall, it was also the - intent commercial property would be, if needed, would be across the highway. Chairman Smalley, across the highway! Councilman t Measles, the section 36 areas the other side of the highway. The question maybe Phil can answer, if this is approved, will all of the water, sewer, engineering have to be redone for the rest of the area out there. Commissioner Bryson, they were proposing to do that as part of their rework of that subdivision, yes. Councilman Measles, it was just for these parcels ... Commissioner Bryson, yes. They may be trying to conform more to the crossings " that axist out there, but all their interior design work is lost. That just .... Councilman Measles, that's just in these areas, what about the other sections .... Commissioner Bryson, that'l .. i as far as the trunk line that will utilize that to the same degree I think. Commissioner Bryson, I assume they're trying to get these roads closer to what exist out there, I don't know. Chairman Smalley, I can appreciate someone trying to do something with the property out there, but again, if there's a potential for it to have a severe impact on the other remaining properties I think its something the city really needs to take a look at. Before they say go. Commissioner Church, and that would come in through phase three here right? Chairman Smalley, yes. Commissioner Nault, when did phase one go on was that a year ago? Commissioner Church, yes, about then. Chairman Smalley, to a degree that's probably what would be done tonight if memory serves -. me right. That's what we're being asked to do, actually one and 0 two. Commissioner Church, we're being asked to rezone it? Chairman Smalley, it has been rezoned. Planning Specialist Loper, a copy of the ordinance is in your packet. Commissioner Nault, this has been rezoned completely? Planning Specialist Loper, yes, based upon the filing of a final plat that you approve. Commissioner Church, yes we did that last year. Commissioner Bryson, ok, its basically in conformance with that large layout you passed out. Planning Specialist Loper, yes, this is what you based your approval on. Commissioner Nault, in their initial request a year ago, did that show rezoning a part of it and leaving a part of it residential? Commissioner Church, yes. - Chairman Smalley, rezoning tracts D1 through D7, the whole thing. That's what this says. Planning Specialist Loper, it was done f that way because there is no other legal description. It had to be based on what exists not on what is proposed because there is no final plat. Commissioner Bryson, based on the concept. Its a strange way ... at what point do they identify which zone is Which. Planning Specialist Loper; that's what this Commission -- decided on a year ago, to go ahead and do the rezoning based on �- exhibit B a concept map. --Commissioner Church, right, -that's -- --- ------ - what's on page one of this ordinance. Chairman Smalley, I don't remember us doing that but obviously we did. Commissioner Church, I remember doing it. Commissioner Bryson, so it was contingent PLANNING & ZONING COMMISSION April 27, 1988 „ Page 8 upon the submittal of the plat and the platting has never been done. So the rezoning hasn't taken place. Planning Specialist Loper, right, and they told us that the platting would not be done until phase three after all the vacations and everything else has f t, been done. {' Commissioner Church, what if this all goes through and all this has been approved and then Council feels its not the best benefit for everybody, then can we turn it all down and they would have to �. start all over again. I mean all three things have to be approved { in order, right? Planning Specialist Loper, everything is going I - to hinge on that final plat, making sure that it matches everything they've submitted all along. Commissioner Church, I - - don't remember then wanting it commercial all the way to the t bluff, I really don't. I remember this part here still being residential. Planning Specialist Loper, ghat you are looking at is the original and only copy of what they submitted at the first meeting. Commissioner Church, I guess I didn't study it well enough. Chairman Smalley, according to this letter the vacation -. request has been approved subject to the conditions in the ;. attached memos, has this been done too? Planning Specialist Loper, those are Borough minutes, yes. Chairman Smalley, oh, ok. i Well at this point in time what can be done to, or can anything be done I guess, to ensure that the whole piece is going to go commercial. Commissioner Church, it says Tract 1 through and whatever. Chairman Smalley, the wording says D1 through D7 on the ordinance. Planning Specialist Loper, it was done that way ! originally because there was no way to define..... Chairman , Smalley, I have a question, do, I'm not trying to postpone this 1 but can we get access to our minutes where we discussed this? i Planning Specialist Loper, sure. Chairman Smalley, and see what j the discussion was. 10 Minute Recess ! MOTION: j Commissioner Bryson, I would move to postpone action on this item I until our next regularly scheduled meeting, at which time the staff gather information and minutes applicable to this subject, seconded by Commissioner Nault. Planning Specialist Loper, to clarify, you are requesting Council and Borough to postpone actions Councilman Measles, the motion YOU need is to recommend to Council and the Borough to postpone action. .' MOTION WITHDRAWAL: Commissioner Bryson, ok, with consent of second I would withdraw ---- -- my motion and resubmit, second -approved. --- --�- MOTION: - -- - - - - - - --- -- Commissioner Bryson, I move to recommend to the City Council and Boroughto withhold action on this item until we gather additional T� information, is - i' PLANNING & ZONING COMMISSION April 27, 1988 Page 9 !') Councilman Measles, the Borough has already acted so its effective in 30 days so perhaps you should ask for an extension of time for it to be effective at the Borough. You need to ask for an lit additional 30 days or whatever. Commissioner Bryson, they are incapable of extending it. Planning Specialist Loper, why would they be incapable of extending it? Commissioner Bryson, that may be a statutory thing. Councilman Measles, well if it is you just need to veto it. And then they can start over. Commissioner i Nault, Council has 30 days to act on it within 30 days from April 18th. Commissioner Bryson, they'd have, your right, they'd have to request, or they'd have to veto it is what they'd have to do. Chairman Smalley, yea, it would be Council, should be Council's action. Commissioner Bryson, both we and the Council will meet --- - = before that period. Councilman Measles, yes Council meets on the 1 18th but your recommendation (inaudible) but that's the same night and the deadline. 'I MOTION WITHDRAWAL: Commissioner Bryson withdrew his motion } i - MOTION: Commissioner Bryson, I move to request a two week extension to the May 18th deadline Chairman Smalley, now this is in addition to your original? You could just put an and in it and add it to the original motion, and -- - - to request a two week extension on the May 18th date. Commissioner Bryson, all right. Chairman Smalley, is there a second. Commissioner Church, would you read it again please. Commissioner Nault, we lost it. Planning Specialist Loper, it now reads; "move to recommend to the E City Council and the Borough to withhold action on this item and to request a two week extension on the May 18th deadline." y Councilman Measles, the next Borough Assembly meeting will be on the first of June. Do you want to specify a date. Commissioner Bryson, is it the Borough Assembly that has to reject it within 30 days. Unknown. Chairman Smalley, is there a second, Commissioner Nault, I'll second it. Chairman Smalley, discussion. This does not pertain to the motion, but I'm looking at the names of the streets that were so carefully chosen. When they redo the street alignment, when and if they do are they still going to be maintaining these names? Planning Specialist Loper, I guess we'll know that when the plat comes through. Commissioner Bryson, the City can y establish the names of the tracts. Planning Specialist Loper, ., anything in plat form needs to come back through you. Chairman Smalley,.further-discussion. of a --------____-. - Commissioner Bryson, got question, is this completely jumbled up, what do you think's needed_Ray.__ Councilman Measles_, we just need to get some „ objection in before the 18th in some fashion, either a request for- f an extension or a veto. Commissioner Bryson, probably correct 1 1 r, 7.' a. �r PLANNING & ZONING COMMISSION April 27, 1988 Page 10 that if you do something the night of the 18th you can't submit it in to the Borough the day of the 18th. Councilman Measles, I would assume that since the Borough set that 18th that it was because the Borough's having their meeting that night so we (inaudible) Borough Assembly then could retract their actions or Commissioner Nault, it just says no vetos received within the 30 day period. Chairman Smalley, question on the motion. VOTE: Motion passed unanimously Chairman Smalley, I have a, I don't know I guess its more of a statement, I think it is probably appropriate at this time, when, I think when a Commission or when people see that a mistake perhaps has been done, I'm not to sure if its going to reflect badly on our record to go back and say whoa, wait a minute, we made a mistake and to correct that mistake rather than to allow it to continue on and cause, potentially cause some severe ramifications economically in that area. Now I really think we made a mistake in approving of a rezone, I really do. Commissioner Church, well it was contingent upon the filing of a final plat. Councilman Measles, I think the basic mistake was in approving the rezoning of the plan period because of what the plat looked like to rezone that area to commercial, in my opinion is a mistake. Chairman Smalley, and when is it appropriate that we set back and say whoa, wait a minute. You know if we have a body, as a body do, I mean, so we look like fools, my God, I mean you know if we made the terrible mistake. Planning Specialist Loper, perhaps rather then retract a rezoning the time to start looking at it is when you get a full package. And thus far you've had a part of a package. What you could do is turn down the vacation and say you want to see the entire package at one time, would that be a better option Ray? Chairman Smalley, we did that somewhere else and look what we ended up with. Commissioner Church, I believe that's what confused us, its because of the phases. Chairman Smalley, bits and pieces. Commissioner Church, you know we're sitting back here and we want to see the whole picture, we just saw the first picture. Councilman Measles, one problem with that approach would be, if the intent is at some point to retract everything that's been done to this point, if you approach it in that manner then you're telling them go ahead, spend the money, do a final plat, do all this work, bring it back to us, and if the intent now is to undo all of that then there's no need in them going any further with their expenditures. Planning Specialist Loper, yes, that is looking at it in a negative manner. Councilman Measles, right, gather everything, if the rezoning was approved pending approval of a final plat, ok, there's no stipulations -there -as to what that final plat really needs to look like, so essentially, if they bring -in -a final plat that meets the requirements of -the general commercial zone, I think you have a hard time then rezoning it back to residential based on that final plat. Chairman Smalley, tom... 91 - I PLANNING & ZONING COMMISSION April 27, 1988 Page 11 F 1 after they've gone through all that .... Councilman Measles, ' that would really be hard to do and would make both the Commission and the Council look a lot more foolish than if everybody agrees lets it, what doing now, hey a mistake was made, undo stop you're {{ out there. Chairman Smalley, and that can happen between now and oar dead- lines that we've set up basically. Is there any way that we can bounce this off the feelings of Council and get some feedback from them. 'Cause if we're going to stop it it needs to be done or if there's going to be some change and zone back... Planning Specialist Loper, if I may make a suggestion, the Council is about done with the budget sessions, Ray do you think the Council would be open to a work session with the Commission and perhaps the - - - :. developer? Councilman Measles, I agree, the last session will be Monday. Councilman Measles and the Commission agreed on Thursday, May 5th ( for a date for a joint work session. Material will be gathered and presented to Council. S. PLANNING None fj 9. REPORTS a. City Council ' b. Borough Planning C. City Administration ' 10. PERSON8 PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Council Agenda f' b. Borough Agenda - 12. COMMISSION COMMENTS & QUESTIONS Chairman Smalley, we need to get ready for the summer sessions. to let Janet know. Anyone planning on vacationing needs Chairman Smalley asked for details on the activities at the Foster site including Mr. Brown's property. Planning Specialist Loper 1 answered that the city engineer had looked at the site and are he had been monitoring activity. Chairman Smalley stated that } told that there was some construction going on into the evening ---------- - -- =- down there -and it stopped about 9 that evening.- By -the time.- I got home the hole was dug and nothing was moving but it did appear to ---- --- :� -= --' '- be a strip of land going down to the river and that is on the same I - - „ a r-) Suggested by: Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1213-87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR TRACTS D-1 THROUGH D-7, DENA'INA POINT ESTATES FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG). WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described as Tracts D-1 through D-7, Dena'Ina Point Estates as Suburban Residential (RS), and WHEREAS, the owner of the property has submitted a petition for the rezoning of the described lands to the General Commercial (ca) designation, and WHEREAS, the Land Uee Plan of the Comprehensive Plan dated 1980 designates this area to be Medium Density Residential, and WHEREAS, the new commercial designation will not match the legal description at time of filing, therefore the approval or disapproval should bear the outlines as depicted in Exhibit B "Concept Map", and WHEREAS, the Planning & Zoning Commission held a public hearing on May 13, 1987 and as a result of that public hearing recommend -to the - Kenai City Council and the Kenai Peninsula Borough the amendment of the Official City of Kenai Zoning Map and the Land Use Plan to the General Commercial (CG) designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: Subject property consisting of those lands depicted in Exhibits A described as Tracts D-1 through D-7, Dena'Ina Point Estates are hereby rezoned to General Commercial at the time of filing a final plat which will be outlined as in Exhibit B, Concept Map. 1 L, L l iIl PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of June, 1987. joghn J. illiams, Mayor ATTEST: rt Whelan, City Clerk 2 First Reading: May 20, 1987 Second Reading: June 3, 1987 Effective Date: July 3, 1967 i ►Y•A„ t-1 % AKENAI PENINSULA BOROUGH a 144 N. BINKLEY • SOLDOTNA, ALASKA 99669 �t PHONE (907) 262.4441 DON OILMAN MAYOR April 20, 1988 ,gNO' '"I" Kenai City Council,c•F `$ 210 Fidalgo Street �+ °���; Kenai, AK 99611 RE: Vacation of portions of Delika Drive, Elyin Lane, Chulin Drive, Dujemi Drive and Mesa Loop. Vacate portions of utility easements adjacent to said right-of-ways within and/or adjacent to Tracts D-1 thru D-7, Dena-ina Point Estates. Also vacate screening easements adjacent to Kenai Spur Highway within Tracts D-1 and D-7, Dena ina Point Estates, within City of Kenai. In accordance with AS 29.40.140. no vacation of a city street and/or easement may be made without the consent of the city council. This vacation action has been approved by the Planning Commission, therefore, it is being sent to the Kenai City Council for their consideration and action. The council has 30 days from April 18, 1988 in which to veto the decision of the Planning Commission. If no veto is received by the Commission with the 30-day period, the decision of the Commission will stand. The vacation request has been approved subject to the conditions set out in the attached minutes. Sincerely, T ` %oQ- Kevin Fenner Planning Director KF:kr Enclosures PLANNING_ COMMISSION MEETING OF APRIL 18. 1988 PACE 2 AGENDA ITEM F. PUBLIC HEARINGS 1. VACATION of portions of Dalika Drive, Elyin Lane, Chulin Drive, Dujemi Drive and Mesa Loop. VACATE portions of utility easements adjacent to said rights -of -way within and/or adjacent to Tracts D-1 thru D-7, Dena'ina Point Estates. ALSO VACATE screening easements adjacent to Kenai Spur Highway within Tracts D-1 and D-7. Dena'ina Point Estates, within City of Kenai. STAFF REPORT PUBLIC NOTICE APPEARED in the March 31 and April 7, 1988 issues of the Peninsula Clarion. TEN certified mailings were sent to owners of property within 300 feet, and to other interested parties. EIGHT of the receipts have been returned. ONE mailing returned noted "not in box 268".. Address was checked and is we as Borough records. PETITIONER to the vacation is ROYCE ROBERTS of Kenai, Alaska. PURPOSE OF THE. VACATION AS STATED IN PETITIONt To facilitate replattingi dedication of realigned streetsi and granting of alternative easements. STATEMENT OF NON -OBJECTION RECEIVED FROHs (I)Tele hone Utilities of the Northland, and (2) Homer Electric Association. subject to granting of similar easements along realigned streets. No statements of objection were received. FINDINOS OF FACTi ' Sufficient sights -of -way will be dedicated to serve surrounding properties. Sufficient easements will be granted to serve surrounding psopmrtles. No surrounding properties will be denied access or utilities. STAFF RECOMMENDATIONSs Approve vacation of portions of rights -of -way utility easements and screening easements within Dens'ina Point Estates Subdivision as shown on submitted drawing labeled Dena'ins Point Estates Addition #I. Provide easements requested by Homer Electric Association. Submittal of preliminary plat in accordance with Chapter 20 of Borough Code of Ordinances. (FINAL PLAT MUST BE SUBMITTED WITHIN ONE YEAR OF VACATION APPROVAL). NOTEt The Kenai City Council has thirty (30) days in which they may veto Planning Commission approval of the vacation. END OF STAFF REPORT Dick Traeger read the staff report. Chairperson Denbrock opened the public hearing for testimony. Hearing and seeing no one wishing to give testimony, the public hearing was closed. MOTIONt Commissioner Mickey, seconded by Commissioner Brickey, moved to approve the vacation subject to staff recommendations. Commissioner Bryson asked the surveyor whore the original set -back line was? It was determined that it had not changed. A roll call vote was taken. The motion carried unanimously with all seven commissioners present voting yes. r�� r— Romer 101ectri4c Aseocietio>ea, Zsac. CENTRAL OFFICE: 3977 LAKE STREET • HOMER, ALASKA 99603 • 19071236.8167 March 30, 1988 APP. ' QQQ ~� Rf01VP-d A nnl PCrtr �b Ms. Robbie Harris Planning Department Kenai Peninsula Borough 144 North Hinkley Soldotua, AK 99889 REFERENCE: ROW and Utility Easement Vacation, DENA'INA Point Estates Dear Robbie: Homer Electric Association, Inc does not object to the subject vacations as proposed, with similar alternative easements dedicated along realigned streets. Sincerely. James S. Evans Easement Solicitor KPBDENA'.JBE:kr PACIFIC TELECOM Telephone Utilities of Alaska, too. Telephone Utilities of the Northland, Ina March 25, 1988 39eo age,ArctBlvd, Anchorage, Alaska M03 Telephone 907.562.1231 Kenai Peninsula Borough Planning Commission ` P. 0. Box 850 ; Soldotnae Alaska 99669 Attentions Kevin Fenner act Vacation Of Rights -Of -Way Within And/Or Adjacent To Tracts D1 through D7 Dena'ina Point Estates Dear Mr. Fenner f ' After having reviewed the attached publication concerning the vacation of rights -of -way involving the above described properties Telephone Utilities of the Northland has no objection to this vacation at this time. Sincere: y, Thomas spat) Hutson OSP Field Engineer TPHtpjo Attachments stc KPB publish 2X cat the 1 1 r f If r-- a_/ AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 6, 1988 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Representative of Pepsi Cola Co. - Vending Machine at Airport 2. Carmen Gintoli, Architect - Congregate Housing C. PUBLIC HEARINGS 1. Ordinance 1252-88 - Increasing Rev/Appns - Kalifornsky Christian Center Donation to Rea Center - $1,000 2. Resolution 88-10 - Transfer of Funds - Commercial Fisheries Industry Study - $5,000 ,i 3. Resolution 88-18 - Authorizing Participation in REDI Grant Program 4. Resolution 88-19 - Establishing Authorized Signatures from Depositories of Municipal Funds 5. Resolution 88-20 - Transfer of Funds - Maintenance Agreement, Library Computers - $4,300 6. Resolution-88-21 - Transfer of Funds - Publish Special Assessment Foreclosure List - $1,534 7. Resolution 88-22 - Transfer of Funds - Memorial Park Expenses - $2,034 8. Resolution 88-23 - Encouraging Greater Voter Participation 9. Resolution 88-24 - Awarding Dock Unloading Cranes 100- Resolution 88-25-- Support of Alaska Economic Assistance Program L 1 r C. PUBLIC HEARINGS (Cont'd) 11. Resolution 88-26 - Requesting Legislative Support of Municipal Assistance and Revenue Sharing at 1986 Level 12. Renewal of Liquor License - Runway Lounge Little Ski No 13. Renewal of Liquor License - The Rig D. COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission E. Council on Aging 6. Airport Commission 7. Economic Development Commission 8. Kenai Bicentennial Commission 9. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, March 16, 1988 F. CORRESPONDENCE 1. *Rep. Swackhammer - Capital Improvement Project List 2. *Sen. Fischer - Trail Lakes Hatchery Resolution 3. *Sen. Stevens - Military Facilities 4. U.S. Fish & Wildlife - Land Exchange 5. *Rep. Grussendorf - Economic Limit Factor 6. Alaska C&RA - Revenue Sharing Payment 7. National Bank of Alaska - Financing of Public Projects 0. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 1253-88 - Increasing Rev/Appns - a Outstanding Defaults, 1st & 2nd Deeds of Trust - Dairy Queen --Property - - - -- ----- 1 - Public Hearing Ordinance 1253-88 F, i A H. NEW BUSINESS (Cont'd) 44.N Ordinance 1254-88 - Amend KMC Title 23 - Re -Employment S. Discussion: Wildwood Annexation 6. Approval of Extension Of Airport Terminal Leases Discussions D/Q Cooperative Education Venture 6. Discussion: Task Force - KPC, Oil Companies, City - Fire Training school 9. Discussion: Railbelt Coalition Participation 10. Discussion: Airport Commission Recommendations a. Float Plane Basin b. Terminal Restaurant 11. Discussion: Purchase of Fax Machine 12. Schedule Budget Work Sessions Y I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor afe-4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT 9 H. NEW BUSINESS (Cont'd) f 4. Ordinance 1254-88 - Amend KMC Title 23 Re -Employment f; 5. Discussion: Wildwood Annexation 6. Approval of Contract of Sale - B.Kline - FBO S/D 7. Discussion: D/Q Cooperative Education Venture; . 8. Discussion: Task Force - KPC, Oil Companies, City - Fire Training School - 9. Discussion: Railbelt Coalition Participation 10. Discussions Airport Commission Recommendations a. Float Plane Basin b. Terminal Restaurant 11. Discussions Purchase of Fax Machine 12, Schedule Budget Work Sessions I. ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. Mayor 4. City Clerk 5. Finance Director I 6. Public Works Director F 7. Airport Manager J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (5 Min.) ADJOURNMENT { i 4, i " KENAI CITY COUNCIL, REGULAR MEETING, MINUTES -'{ APRIL 6, 1988, 7t00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Marj O'Reilly, Linda Swarner, John Williams, - Tom Ackerly, Art McComsey, Ray Measles, Chris Mentor ' Absont: None A-1 Agenda Approval - a. Mayor Williams asked that a portion of item C-12 ' (Renewal of Liquor License, Little Ski No) be added to the Consent Agenda. b. Mayor Williams asked that the Kenai Bicentennial Commission, Goals 6 Objectives - distributed this date - be discussed under item D-8 (Kenai - Bicentennial Comm. Report). C. Mayor Williams asked that item H-3 (Ord. 1253-88, Dairy Queen) be moved to item H-1. d. Mayor Williams asked that items H-1 6 H-2 (Bills to be paid and Requisitions Excoeding $1,000) be moved to H-2 and H-3. e. Mayor Williams noted the 67-88 proposed budget was distributed this date. _ _ f. Councilwoman Monfor asked that item H-7 (D/Q „ Cooperative Venture) be deleted, as it is premature at this time. MOTIONt Councilwoman O'Reilly moved to approve the agenda as amended. Motion passed by unanimous consent. A-2 Consent Agenda MOTION: Councilman Ackerly moved to approve the Consent Agenda as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Representative of Pepsi Cola - Vending Machine at Airport Kurt Neils, Pepsi Cola Co. - He is proposing putting Pepsi Cola in the airport terminal. There is none available now. There is a profit potential for the City at no cost to the City. He distributed a list that states the cost potential. There is a local vendor who will do this at 10% of the proceeds and do maintenance. Based on -these numbers, 8 oans per day-- 10 cases per month, there would be a net profit of $45 per month. If the City were to run it, it would bring income to the City and would be a courtesy to people who use the product. Airport manager Ernst explained, we have a lease agreement with Tyler Vending. He furnishes pop, cigarettes, candy and change, based on 10% of the gross, except 8.10 per pack for cigarettes. KENAI CITY COUNCIL i ( /� APRIL 6, 1988 PAGE 2 j His lease is yearly and can be terminated with 30 days notice. To bring in a vendor would put the existing' Vendor in a position of having many machines, the opposition would have one. The lease expires June 30. City Manager Brighton said if Council desires additional vendors, we should put it out to bid at that ; time. Councilwoman Swarner asked Mr. Neils if Pepsi Cola Co. could provide the other machines. Mr. Neils replied, Pepsi has change machines. it would increase revenue at the airport, some people will not buy t .� anything but Pepsi. George Spence, George's Vending, stated he has pop and candy machines but not _ cigarettes. He would have a dollar valuator to make I change. Councilman Ackerly noted a cigarette machine . may be a moot point in the future, the State is eliminating them all over. Councilwoman Swarner asked if there was an exclusive on the vendor. Answer • no. Councilman Measles said he thought we had a terminal operators manual that said one of each type in the airport. We would have to correct the manual. Councilwoman O'Reilly asked if there were any problems with the system as it is now. Mr. Ernst replied, he has not had any complaints. Mr. Neils explained, it would not be competition, they each have their own 'product. Vic Tyler, Coca Cola Co. He has machines at the airport and at City Hall. The City should have bids. He has the ability to put Pepsi in his machines. It j could be part of the bid document. It should be for a j year. His change machines provide for phone and other needs. Airport Manager Ernst road the Code, the machines are put in at the airport par instructions. Councilwoman O'Reilly suggested, since the airport leases are coming up for review, we could put out proposals at the same time. MOTION: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to have Administration prepare bid specs for vendors at the airport to go at a yearly basis just like the other leases. i MOTION, Amendments j Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to amend the motion to three year leases. Motion as amended passed by unanimous consent. j 8-2 C. Gintoli, Architect - Congregate Housing -� Mr. Gintoli introduced Dennis Murray, Lutheran Homes. 4 Mr. Gintoli explained, the Commission recommended no balconies. There will be 40 units, 30 rentable. The day care is part of the structure. There are 3 commons, one on the first floor, 2 on the 2nd floor. II " The cost estimate was $7 Million before, is $6.3 Million now. City Manager Brighton said, these plans have been delivered to the legislators. Sep. Fischer will be in Kenai April 8. They hope to discuss it at that time. The engineering schematics will be left to do till we get the go-ahead from the legislature. Mr. -- -- Gintoli added, there is $70,000 left for design development. I r �Y KENAI CITY COUNCIL APRIL 6, 1988 PAGE 3 MOTION: Councilwoman Monfor moved, seconded by Councilman McComsoy, to accept and forward these plans to Juneau for the next phase. Councilman Ackerly asked if it could be built in stages. Answer - yes. City Manager Brighton noted the last home built was in Juneau. It took 3 years to accumulate the funds. They withheld till the entire amount was appropriated before starting. Mayor Williams asked if this will fall under Alaska Health i Social Service statutes. Mr. Murray replied, the reason they were included is, some residential care facilities are funded by general appropriation, 2 in the State are funded by special appropriation. The regulations were included to provide an opportunity for funding through Health b Social Services. There is a new facility in Anchorage that is a combination of I and intern care. They have tried to got state funds, they have not gotten them yet. Mayor Williams noted model N2 and N4 have the same amount of sq. ft., and have 40 units. what is the difference? Mr. Murray explained, 02 is operated by the City, N4 is operated by a non-profit organization. Mayor Williams asked, why are there 40 apartments and 38 rented? Mr. Murray replied, one is for management, one for maintenance. Vat is so someone will be on site. Motion passed by unanimous consent . C. PUBLIC HEARINGS C-1 Ord. 1252-88 - Increas. Rev/Appns - Kalifonsky Christian Center Donation to Roe Center - $1,000 MOTION: Councilman Measles moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. Councilwoman Swarner asked, what will they do with the money? Recreation Director McGillivray replied, they will use it for equipment. Motion passed unanimously by roll call vote. C-2 Res. 88-10 - Transf. of Funds - Commercial Fisheries Industry Study - $5,000 MOTION: Councilwoman O'Reilly moved, seconded by Councilman Ackerly, to adopt the resolution. There was no public comment. Councilman Ackerly asked, why is it going to Economic Development -Comm. instead. of HarborComm.? Harbor Comm. Chairman Quesnel replied, he had no problem with EDC doing it. Motion passed by unanimous consent. C-3 Res. 88-18 - Authorizing Participation in REDI Grant Program i i KENAI CITY COUNCIL j APRIL 6, 1988 PAGE 4 MOTION& Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-4 Res. 88-19 - Establishing Authorized Signatures from Depositories of Municipal Funds j I MOTIONi i councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. } . Motion passed by unanimous consent. C-5 Res. 88-20 - Transf. of Funds - Maintenance Agreement, Library Computers - $4,300 MOTION& Councilwoman Monfor moved, seconded by Councilwoman swarnor, to adopt the resolution. There was no public comment. Councilman McComse, asked if this was for all the computers in the library. Librarian DeForest replied ! no, for the Dynix and Ultimate, not the Apple or IBM. j Councilman Ackerly said we have discussed maintenance I agreements for years, if you gambled and did not have an agreement, you would have many backs. Librarian DeForest replied, considering the power problems, she could not guarantee that. Mayor Williams noted this is one of a kind in the community. Motion passed by unanimous consent. 1 C-6 Res. 88-21 - Transf. of Funds - Publish Special f Assessment Foreclosure List - $1,534 MOTION& Councilwoman O'Reilly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Councilwoman Swarner asked, why is this before us if it has been in the papers? Legal Asst. Sutcliffe replied, we mailed out the letters. Under statute you have to publish foreclosure lists in a certain length of time. i We did not know it would cost that much. Councilwoman Swarner said she objects to paying after the action. Mayor Williams explained, this is foreclosure on f assessments due. To be published in a timely manner, i it had to be done between meetings. Motion passed by unanimous consent. C-1 Res. 88-22 - Transf. of Funds, -Memorial Park Expenses--_.- $2,034 MOTION: KENAI CITY COUNCIL APRIL 6, 1988 PAGE 5 Councilwoman Monfor moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Nation passed by unanimous consent. C-8 Roo. 88-23 - Encouraging Greater Voter Participation MOTIONs • Councilman Ackerly moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. Mayor Williams noted 39% of the eligible voters voted in the last election. Clark Whelan added, there will be voter registration in the Kenai Hall this week and. C-9 Roo. 88-24 - Awarding Dock Unloading Cranes MOTIONs Councilman Ackorly moved, seconded by Councilwoman O'Reilly, to adopt the resolution. There was no public comment. Notion passed by unanimous consent. Councilwoman Swarner asked, what is the recommendation of the Harbor Commission? Harbor Comm. Chairman Queenol replied, that the City buy it. Councilwoman Swarner asked, where is Slattery Equip. Co. from? Public Works Director KornolLs replied, Washington State, there are none in Alaska. Councilman McComsey asked, what are the funds from? Mr. Kornelis replied, $40,000 from Federal Revenue Sharing, the rest from the ti dock fund. C-10 Res. 88-25 - support of Alaska Economic Assistance Program NOTION: Councilwoman Monfor moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. City Manager Brighton explained, this is for formation of economic development districts in Alaska, is comparable to the Kenai Borough EDD. $50,0 of State • money is for getting groups started to pursue and promote economic development in the area. one interpretation is for districts larger than cities. There may be an effort to amend that so Kenai Economic Development Comm. could be included. Borough Mayor DumanIds said even those that have formed theirs and have Federal money can still be included in this. Motion passed by unanimous consent. N KENAI CITY COUNCIL APRIL 6, 1988 PAGE 6 C-11 Res. 88-26 - Requesting Legislative Support of Municipal Assistance and Revenue sharing at 1986 Level MOTION: Councilman Measles moved, seconded by Councilman McComsey, to adopt the resolution. There was no public comment. Mayor Williams explained, the resolution is the result of four Mayoral Conferences and three teleconferences. There will be another teleconference April 8. Anchorage has $37 Million short fall, Mayor Pink's intention is to kick-start the economy. The &ailbelt cities told him to initiate sales tax and do anything rather than take funds away from the small communities. Mayor Pink has proposed a Railbelt coalition, they had a meeting in Juneau. 4 mayors from the Kenai Peninsula agreed they would not participate. Anchorage may have to lay off 500 people or 25%. This would continue to cause the economy to spiral downward. This resolution says we will support Municipal Assistance and Revenue Sharing based on 1986 level. That is higher than last year. The Kenai Borough resolution states priority N1 is "Fait Accompli." 12 is what is in our resolution. M3 and N4 must be Railbelt Energy funds. The amount is what the Railbelt fund has in it. if we use that, other projects will not be done. in supporting the first part of the resolution, he said he would bring the rest to Council. He did not recommend capital improvement project money for this. The Railbelt funds have already been appropriated. To re -appropriate them would not be right. Councilman KoComsey said Fairbanks had to lay off over 100 people. Mayor Williams noted that is 1/2 of their work force. But money to bail out Anchorage should not be from the Railbelt Energy fund. City Manager Brighton added, it is close to $350,000 additional for the City of Kenai. Councilwoman O'Reilly said she had difficulty with Borough Resolution 88-4, Section 2-A. They have not done anything locally. This should be a joint effort. Motion passed by unanimous consent. C-12 Renewal of Liquor License - Runway Lounge Little Ski Mo Little Ski No approved by Consent Agenda. Runway Lounge. Mayor Williams noted they are $10,000 behind in their rent. He recommended we shut them down, as well as non -recommendation for approval to ABC. City Manager Brighton suggested we give them a grace period to got current. Legal Aset. Sutcliffe said we issued them 30 day notice to quit the premises 31 days ago, asking them to get their rent current. PUBLIC CONMENTs a. Rene Daniels, Runway Lounge. They are only one month behind to the -City.- Accountant Parnell - stated the chock paid this date was NSF. Sandy Daniels replied she covered it and asked the bank to notify the City.- Acot.-Parnell-stated-she-is still $4,000 in arrears. sandy Daniels said the restaurant is a separate issue. Rene Daniels said the bar would not have had a problem this year. i ' KENAI CITY COUNCIL i, APRIL 6, 1988 - PAGE 7 They decided to open the restaurant. Sandy Daniels said they were current till they opened the restaurant. Jan., Feb. and March should not be in 1987. Rene Daniels added, that is not due till April 30. She was not aware this was coming up this date. There is a change of partnership, she thought she had time. The restaurant is paying its way now. Mayor Williams noted the City lowered the rent. Rene Daniels said they did not know the $5,000 was due this date. Sandy Daniels said they are they are getting on their feet now. Rene Daniels said they put $1,800 from the bar into the restaurant. Mayor Williams asked if the ---- - Borough was working with a monthly -instead of Quarterly now. Rene Daniels replied, for 1987. Mayor Williams said the Borough is placing more 1 effort to collect taxes due. Councilwoman Monfor said Footwear Gallery owed for years, this has only been 2-3 months. They have taken over a bed f situation. She would like to give them 30 days to clear this up. Mayor Williams said the Confession of Judgement is over one year ago. Councilman - Measles said we cannot evict on sales tax, the only recourse is rents. 6 MOTION: �r Councilman Measles moved, seconded by Councilwoman Monfor, to table action till the next meeting. VOTE (Passed): <` Yost O'Reilly, Swarner, Ackerly, McComsey, Measles, Monfor No: Williams C-13 Renewal of Liquor License The Rig i Clark Whelan reported the Borough has requested tabling action as they are working on payment of sales tax. MOTION, Tables Councilman Measles moved, seconded by Councilman McComsey, to table action. Motion passed by unanimous consent. D. COMMISSION/COMMITTEE REPORTS D-1 Planning 6 Zoning _- None D-2 Harbor Commission Harbor Comm. chairman Quesnel reported Administration is working on leases for the next season. Councilman f McComsey asked if there were any replies on the ad in the -papers., --Public Works Director, Kornelis replied, they had a -bid conference April 5, bid opening is . pro April 14. (There will be two bid openings) There are ' changes from last year. They will increase _the minimum bid because of the added crane. The processors wanted- - — �I a commitment to tail the fisherman. They have a two or four year option. He has the bid specs if Council -- wants to review them. Admin. Asst. Gerstlauer reported on the REDI grant for $100,000. The pre-app was L KENAI CITY COUNCIL APRIL 6, 1988 PAGE 8 submitted, final submittal is April S. she expects to hear in the next couple of weeks. Mayor Williams noted Admin. Aest. Gerstlauer attended a grant writing school last week. Mrs. Gerstlauer added they worked on the Kenai ball field grant app in the class. 0-1 Recreation Commission Councilwoman Monfor expressed concern about the people outside the Roe Center smoking and under ago. Could there be any other place they could smoke? Recreation Director McGillivray replied they are working on that. There is no smoking in the building. D-4 Library Commission Councilwoman Monfor reported they met April 5. she noted Librarian DeBorest takes the volunteers to the Chamber lunch on Volunteer week. MOTION Councilwoman Monfor moved, seconded by Councilman Ackerly, to pay $125 for lunches for library volunteers. Motion passed by unanimous consent. D-5 Council on Aging None 0-6 Airport Commission None D-7 economic Development Commission None D-8 Kenai Bicentennial Commission Councilwoman Monfor noted the Goals & Objectives distributed this Hate. council stood in recess to review. MOTIONS Councilman Measles moved, seconded by Councilman Ackerly, to accept the Goals & Objectives as submitted by the Kenai Bicentennial Commission. Motion passed by unanimous consent. Mayor Williams asked if they had started on the contest yet. Councilwoman Monfor replied no, they were waiting for Council approval. Councilman Ackerly suggested we have a speakers bureau to be available to schools and organizations to talk about the Bicentennial. Chairman Cowan agreed, noting it could tie in with the Bill of Rights Bicentennial. Mayor Williams said Councilwoman Monfor talked to Rep. Young, he said he would assist in any way he can. Chairman Cowan said he would like -a work session with Council to review finances and Political concerns. Mayor Williams suggested after budget sessions. -Councilwoman Monfor-asked that the — Goals & Objectives be sent to the Legislators in Juneau. l KENAI CITY COUNCIL { APRIL 6, 1988 PAGE 9 4 0-9 Misc. Comm/Comm None B. MINUTES 1 8-1 Regular Meeting, March 16, 1988 Approved by Consent Agenda. F. CORRESPONDENCE I F-1 Rep. Swackhammer - Capital improvement Project List F-2 Sen. Fischer - Trail Lakes Hatchery Resolution F-3 Son. Stevens - Military Facilities F-4 U.S. Fish & Wildlifo - Land Exchange Approved by Consent Agenda. F-5 Rep. Grussendorf - Economic Limit Factor City Manager Brighton distributed material and explained, there is an excess of it Billion to remedy the !.5 Billion shortfall. They cannot agree on which one of the funds to dip into. Mayor Williams added, the Mayor's Conference are going back to their Councils for recommendations on this. F-6 Alaska C&RA - Revenue Sharing Payment Mayor Williams said the original amount was $353,111. What would it be at 1986 level? City Manager Brighton replied, this is only revenue sharing without municipal assistance. His figure was a combination of both, about $350,000 additional. Mayor Williams explained, this was started in 1981 to serve communities that have people living in an area and working in other areas. i F-7 NBA - Financing of Public Projects Mayor Williams noted all the banks are recognizing municipalities as viable business entities. 0. OLD BUSINESS None H. NEW BUSINESS H-1 Ord. 1253-88 - Increas. Rev/Appns - Outstanding Defaults, 1st & 2nd Deeds of Trust - Dairy Queen Property 1. Public Hearing, Ord. 1253-88 MOTIONI Councilman Measles moved, seconded by Councilwoman O'Reilly, to introduce the ordinance. Legal Asst. Sutcliffe explained, Atty. Rogers had a conflict in this matter. As : result, Mr. Sutcliffe does alto: The roason--for--ti—d -is to -avoid foreclosure by the State. (foreclosure costs up to $10,000) Councilman Ackerly stated he would abstain from voting �) KENAI CITY COUNCIL APRIL 6, L988 PAGE 10 Notion passed unanimously, with Councilman Ackerly abstaining. NOTION, 2nd Reading: iy - I Councilman Measles moved, seconded by Councilwoman Mentor, to have the 2nd reading this date. MAYOR WILLIAMS SUSPENDED THE RULES, DISCUSSION WAS HELD BEFORE THE VOTE. COUNCILMAN ACKERLY WAS EXCUSED FROM THE CHAMBERS: 9t28 PM. Mayor Williams explained, he had requested the attorney to be here. He has been in court in Anchorage and had to return to Anchorage. We are without legal counsel. Legal Asst. Sutcliffe cannot advise us. Councilman Measles said the only thing pressing is the $56,000 to the state. We could deal with that, and discuss the balance at the next meeting. Acet. Parnell agreed that was the only pressing item. Mayor Williams asked if it would come out of airport funds. Answer - yes. { Councilman Measles said if we amend and have a 2nd reading, the balance will be delayed for 30 days from j this date. Will that be a problem? Acot. Parnell replied she did not know. Mayor Williams said we j cannot complete foreclosure for 90 days. The romainder Of the money will not be due till we obtain the property through foreclosure. Acot. Parnell said appropriating the money does not mean we will spend it.. It will have to come back to Council. City Manager Brighton said the only expenditure to be approved is $56,000. Mayor Williams asked Councilman Ackerly to - return to the meeting, collect his material and leave for the rest of the meeting. RECESS WAS CALLED, 9:30 PM. COUNCILMAN ACKERLY LEFT CITY HALL: 9:32 PM. f VOTE, 2nd Readings Notion passed by unanimous consent. MOTION: Councilman Measles moved, seconded by Councilman McComsey, to adopt the ordinance. PUBLIC COMMENT: a. Vic Tyler, Tyler vending Co. He is also a land owner. This scares him. He has a similar situation. A precedent is being set. He cannot deed in lieu of tcreolosure. They will not a it back. They will chase him for his assets. could quit making payments to the City and the to, one year from now the City would take it k and he will walk down the street. Mayor Hams said we are without legal counsel, but it ears that is true. The City finds itself in position._ The .3rd-._position is worth more than and 2nd Out togefher. The land is worth 0,000. We are facing a sacrifice if we do not raise this. We put ourselves in a position of ing all. Mr. Tyler said with -legal counsel - y could stay in business for another year. He ild like to go to the City with a deed in lieu foreclosure and get his money back. He took a L i o N i j4 f 1. .; t i 1 KENAI CITY COUNCIL APRIL 6, 1988 PAGE 11 big loss on land in the City, in excess of f100,000. Sometimes you just have to walk away. If you fund this, it is the beginning of a lot of trouble. Mayor Williams said he has taken hits in the last year also. He asked, how critical is ' this? City Manager Brighton replied, that is what Council had an attorney for. He cannot speak for him. Mayor Williams noted the letter from the State to Mr. Ackerly dated March 22 was final demand for payment - all payments and late charges. Councilwoman Nonfor objected, stating we i should not discuss this without counsel. Councilman Measles suggested we table for a -" _.•."• special meeting prior to April 19 date, at which time we will have an attorney present. Mayor Williams noted he was requesting a budget work session April 23, this could be changed to a special meeting. Councilwoman Monfor objected, stating counsel has said we should pay. Councilwoman O'Reilly said this is a very serious matter for all of us. We need an attorney. MOTION, Tables Councilman Measles moved, seconded by Councilwoman Swarner, to table action on OrC.. 1253-88 till a special 1 meeting on April 13, 1988. VOTE, Table (Passed)s Yost O'Reilly, Swarner, Williams, McComsey, Measles Not Monfor CD H-2 Bills to be Paid, Bills to be Ratified I MOTIONS Councilman Measles moved, seconded by Councilman McComsey, to approve the bills and delete $56,000 to the State of Alaska. l+ Motion passed by unanimous consent. ' H-3 Requisitions Exceeding $1,000 MOTIONS i Councilman Measles moved, seconded by Councilman McComsey, to approve the requisitions as submitted. Motion passed by unanimous consent. H-4 Ord. 1254-88 - Amend KMC Title 23 - Re -Employment Approved by Consent Agenda. 1 H-5 Disc. - Wildwood Annexation Mayor Williams reported Administration and KNA have been discussing annexation. He suggested Council allow the Economic Development Comm. to review this and make a report to us within 60 days. Councilwoman Swarner--asked, .when _wasthe-_most recent .study? _ Mayor Williams replied, we have an on -going study. City Manager Brighton said Finance Director Brown did a numbers situation in 1985.. _it_ was up -dated 2-3 months ago. It is relatively current. we will need reports from the Police Dept., Fire Dept., Public Works Dept., Finance Dept. Councilwoman Swarner asked if there i � n ` i KENAI CITY COUNCIL APRIL 6, 1986 PAGE 12 is would be an additional cost. Mr. Brighton replied, manpower and time. Mayor Williams said the Economic' {' Development Comm. may have expenses, from their budget. „ ! He noted there is only one owner in Wildwood. i Councilwoman swarnor asked, if we don't need a report, why do it? Mayor Williams explained, all sides must be f' looked at. MOTION; Councilman McComsey moved, seconded by Councilman Measles, to pass on the item to Economic Development f � Comm. I! Motion passed by unanimous consent. H-6 Approval of Extension of Airport Terminal Leases Councilwoman swarner asked if any of these concessions j are asking for a decrease. Answer - no. MOTION; Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to extend for an additional three year period, lease rates of $1.65 per sq. ft. Motion passed by unanimous consent. Councilman Measles noted we are doing something f different this year, in the past we established the lease rates after budget approval. City Manager Brighton replied, in the budget we established the lease rate as a percent and sq. ft. costs. Councilman Measles said unless there is a reason to do it now, he would like to see the budget first. Admin. Asst. Oerstlauor said last year we did not ostablish terminal rates, there was a resolution to keep them the same. Mr. Brighton added, it was done with the budget. Admin. Asst. Oerstlauer said we did not have a resolution regarding the rates, we just used the 1986 1 rates. Councilman Measles added, the resolution adopted the budget. Airport Manager. Ernst explained, t we are trying to do this in a timely manner by June 30. He had no objection to waiting. Mr. Brighton noted If Council can change it at budget time. Mr. Ernst said he would not notify the lease holders. H-8 Disc. - Task Force - KPC, oil Companies, City - Fixe Training school Mayor Williams said we are still pursuing the legislature for $500,000 for a training ground. is Council willing to form a task force or do this in-house? 5 No action taken by Council. j H-9 Disc. - Raiibelt Coalition Participation - - - - - — Mayor Williams asked Council to review the material in the packet. - - - - -- H-10 Disc. - Airport Comm. Recommendations Y a. Float Piano Basin b. Terminal Restaurant H-10-a r �, .r KENAI CITY COUNCIL1 APRIL 6, 1968 PAGE 13 i Councilwoman Swarner asked it any spaces have peen rented yet. Airport Manager Ernst replied, the ads just wont out. City Manager Brighton asked, when the }� float plane basin is done, will, we have tie -down slips? Mr. Ernst replied, the first 15 will be staked, we will charge a fee. Councilman Measles noted they are not slips like the boat harbor, He asked if our lease rates were in line with other locations. Mr. Ernst replied yes. Councilman Measles asked, what is the tie down rate for wheeled planes? Mr. Ernst replied, $42 Including tax. The use of a water runway will only be 5 months. There will not be skis in winter, there is a liability with the thickness of the ice. He roaommended the ski facility be on land. Councilman Measles asked, what do other facilities do regarding . liability? Mr. Ernst replied he did not know, this will be the next step. MOTIONS Councilwoman O'Reilly moved, seconded by Councilman MaComsey, that the rates for the float plane basin be set at $360 per year for non-commercial tiedown slips and $480 for commercial tiedown slips, as recommended. Mayor Williams asked if this was in conflict with the 3 year lease set by code. Councilman Measles replied, this is not contract or lease. Mr. Ernst added, it is a user permit. k Motion passed by unanimous consent. H-10-b „ Airport Manager Ernst said the lease of the terminal is up June 30. Councilman Measles said the airport is entering into its busiest part of the year. Their odds of pulling out between now and July 1 are better than In winter. He would be eoncerned closing now. It would be hard to got anyone for the rest of the summer. i if it was November, it would be different. Mayor Williams said they were given a confession of judgement in three months, or was that the previous lease? Mr. Ernst replied, that was the previous lease. The reason for a one year lease is because of the remodeling. Legal Asst. Sutcliffe explained, when their lease expires June 30, you could allow on a month to month basis till Fall, then ovict or they could leave. 1 Councilman Measles said he was concerned about entering Into a year lease if we go ahead with renovation, it would be cleaner for the City and the lessee to get renovation completed or at least know what we will do " and then go out for RPP. It will be harder to get a good bid. Mayor Williams said we put a stop -gap measure on renovation pending a review of our finances. We were to review in the Fall. The best choice is month to month lease till Fall. Councilman Measles { suggested we should look at it sooner and more often. If the Borough does not withdraw their objection, they will not have a license anyhow. MOTIONS Councilman MaComsey moved, seconded by Councilman - --- - - Measles, to pursue a month to -month basis operation - - - - till Fall and continue with the people in there now. At that time, go for a long term lease. Motion passed by unanimous consent. s-� 1, L� 33r { .h 1 L� t f x. 1r KENAI CITY COUNCIL APRIL 6, 1988 PAGE 14 11-11 Dino. - Purchase of a Fax Machine Mayor Williams explained, he has had 2 packets that the Clerk has had to pick up at the Borough. It is the latest machine in use. Councilwoman Monfor noted, there is a phone charge. Mayor Williams replied, $32. Councilwoman Monfor said she would like to see how often we will use it. Mayor Williams said he cannot justify with past use, the more it comes into use, the more we will need it. Mayor Williams said he would review this with budget discussions. H-12 Schedule Budget Work Sessions w Council agreed to a work session on April 13, with the Special Meeting. I. ADMINISTRATIOU REPORTS I-1 City Manager City Manager Brighton noted the proposed budget was passed out this date. He hopes to complete in 30 days. I-2 Attorney Legal Asst. Sutcliffe spoko- a. Atty. Rogers is ill- b. Regarding Ord. 1254-86 (Amend Title 23). The City got sued for $200,000 regarding this. The Mayor has been served. c. There is a special foreclosure list in the packet. Most are Crown Development. d. Regarding the letter from Gloria Church (Info #14). There is $22,000 due. if the Borough forecloses, they will lose their lease. He recommended we wait and see what the Borough does. I-3 Mayor Mayor Williams spoke. a. The Chamber of Commerce will be meeting with the Council April 15 to review the Visitors' Video Guide. b. Regarding the chambers showcase (material distributed this date). MOTIONt Councilwoman Monfor moved, seconded by Councilman McComsey, to authorize $225 for the showcase. Motion passed by unanimous consent. Council agreed to set it under the window in the back of the chambers. c. Regarding his letter to Son. Stevens dated April 5, 1988. within 18 months, the Navy is looking at two P-31s in this vicinity. It was recommended by the -Legislature to put it in Kenai. --He--suggested Council not confuse this with the Air Rescue Wing. There are 200 people involved. d. He recommended Ervin Witbro to replace Michael Meeks for Harbor Commission. Council approved the recommendation. L 1 r- 1 5 i KENAI CITY COUNCIL APRIL 6, 1988 PAGE 15 n. e. The Volunteers' Appreciation reception. Suggested date is May 20 (item I-4). Council agreed to the recommendation. t 1-4 City Clerk i Clerk Whelan spoke. a. The proposed amended agenda (item 1-4). j Council agreed to the recommendation. b. She would like to know who wants name tags. C. Regarding election judges exemption from employment verification procedures (item I-4). There was a concern that judges would have to complete INS form I-9, proof of citizenship. This establishes oxemption from this requirement. d. Regarding national standards for voter registration proposed in U.B. House. Alaska Div. of Elections has reviewed them and replied. Council can review them if they contact the Clerk. e. Ballots for 1966 have been destroyed (item I-4). City Code requires this be reported to Council. f. Apparently the packets had some errors in preparation. There is temporary help in the office, there have been some mistakes made. J. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Councilwoman Monfor. Regarding the letter from Councilman Ackerly on the opening of Nikiski - school. The principal considered KCHS as a rural high school in town. When they open Nikiski they will have 300+, KCHS will have 400+, the Jr. High will have 200+. There will be 900 across town. We will have to Compete. City Manager Brighton said Council authorized that statement 3 years ago. They did everything they could to prevent this. These people are bringing in on emotion, not with economics or academics. Councilwoman Kantor suggested the Mayor write a letter to the Borough stating what is in the Councilman Ackerly's letter and council's feelings. The boundary would be the City limits and current boundaries on the other side. Mayor Williams said at one school board meeting he attended he got a head count of people from Kenai. There were not many. Maybe the residents of Kenai do not understand the full implication. Council agreed to send the letter. City Manager Brighton said, in the public opinion -••-vey, most people did not want the schools open. or Williams said, regarding the economic impact the City, people would limit their shopping in ai as Nikiski was built up. Councilwoman for said they will open the school eventually, they should open both and give equally to all ools. Mayor Williams said -he -and -Councilman - omsey attended soldotna Chamber of Commerce. speaker from C&RA spoke regarding a new ough at Nikiski. The -City of -Kenai must soon ome involved in strong thinking regarding this. is their intent to ask us to join. Do we want .. get into a borough with 50% of the entire ough tax base or a borough with 80% of the tax L KENAI CITY COUNCIL APRIL 6, 1988 PAGE 16 - L" LOW Councilman MCComsey said Kenai has to go with them or they will not get their borough. Mayor Williams said they could have 2 second'. class cities in a second class borough. They could have a unified municipality. They would not have control of their schools. The only way they could control their schools is creating their own borough. Councilman McComsey noted the petitions will be on the streets in 2 weeks. They need j about 2,300 signatures. This will be a ballot of the people in the area. b. Councilwoman Swarner. she asked if there was a list of roads to be brought up to standard. Public Works Director Kornelis replied, he made a list about a year ago. Councilwoman Swarner noted the dirt road off 4th Z Aspen. There is erosion to 4th, it needs to be corrected. Mr. Kornelis explained, it is 1/2 right of way. There is a house in the right of way. Councilwoman Swarner j said 5th St. in Woodland S/D is eroding. Mayor Williams asked about the $140,000 budgeted for street repairs last year. Mr. Kornelis replied, that will be done in the Spring. There is about $100,000 left. The majority is for sealcoating Woodland, Mommsen and Redoubt. ADJOURNMENTt Meeting aaydjjourneed1105 PM. IneWhel t an City Clork :, i l I CITY OF KENAI „vd MO RDaLoo KeNA ALUM we» TOMHONE au- 7M NOTICE OF SPECIAL MEETING AND BUDGET WORK SESSION The Kenai City Council will be holding a Special Meeting on Wednesday, April 13, 1988 at 7:00 PM in the Council Chambers. To be discussed: 1. Ordinance 1253-88 - Increasing Rev/Appns - Outstanding Defaults, 1st & 2nd Deeds of Trust - Dairy Queen Property a. Public Hearing - Ord. 1253-88 2. Approval of Payment to State of Alaska, 1 $56,314.50, for Delinquent Dairy Queen Loans Immediately following the Special Meeting, the Council will have a work session to review the 1988-89 budget. The public is encouraged to attend and participate. /eux� Janet Ruotsala, CMC City Clerk DATED: April 8, 1988 KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES APRIL 130 1988 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE ROLL CALL Presents Linda Swarner, John Williams, Ray Measles, Chris Monfor, Marj O'Reilly Absent: Tom Ackerly, Art McComsey (excused) 1. Ord. 1253-88 - Increas. Rev/Appns - Outstanding Defaults, 1st & 2nd Deeds of Trust - Dairy Queen Property a. Public Hearing - Ord. 1253-68 MOTION, REMOVE FROM TABLE: Councilman Measles moved, seconded by Councilwoman Monfor, to remove Ord. 1253-88 from the table. VOTE: There was no public comment. Motion passed unanimously by roll call vote. Atty. Rogers explained, he declared a conflict in this matter. He asked Atty. Dolifka to take his place at the table at this time. ATTY. DOLIFKA TOOK THE CHAIR FOR ATTY. ROGERS, Councilman Measles asked, what happens if we do not pay $66,000 by April 19? Atty. Dolifka replied, the purpose of bringing to Council is that by April 19 the State forecloses. The purpose of this is to avoid additional costs. There will have to be two foreclosures. Do you want a saving of cost and fees for first and second foreclosure? If you do nothing it will not jeopardize your position. As long as we pay those before foreclosure you are okay. $5,000 each foreclosure, a total of $10,000 saving. Councilman Measles asked, any costs of first and second if they proceed with the foreclosure? Atty. Dolifka replied yes. if we complete our foreclosure at July S. If the State starts theirs May 1,-it will be August before -- these came to'sale. At that time the City will have tc pay those off - costs and fees of two foreclosures. I1 you do nothing you do not prejudice your position to pay off at a later date. You go to July B. Councilmat Measles asked, there is no cost to them if they ■ C. . I_ ... . KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES APRIL 13, 1988 - 7:00 PM PAGE 2 foreclose? Atty. Dolifka replied, if you do it they will not. You will have far higher costs and fees than what we will with this one. Do you want to pay this now to avoid legal fees and costs of two foreclosures? Or pay off at a later date and then pay fees? Councilman Measles asked, what would be the possibility of negotiating a buy-out at lesser cost? Atty. Dolifka replied, you should try but he is not overly optimistic. They have the City where they want, they are in total position of power. A similar situation shows this will show precedence. I have always been denied in the past. That is why the City was asked to subordinate. If you were in first and they were in second and third, this is public money, the City -would be betray public trust to do this. Councilman Measles asked, if the State foreclosed and the City did nothing, the State is first, what happens to the second and third? Atty. Dolifka replied, they continue second, so they do not care. Your foreclosure would be complete July 8, the City will own at that time, subject to first and second. If you do nothing and they foreclose Aug. 15, you will lose the Dairy Queen to them. You have three choices, if you do nothing more, you will lose the property. The Notice of Abandonment was distributed. Mayor Williams said the property is under City control at this time. The request is to approve $225,000 from airport funds to hold in position to be used to pay off $56,000 immediately and the remaining balance of first and second mortgage held by the State. We have begun foreclosure proceedings. If we do nothing with this, we will continue till we complete action. If we elect to let first and second foreclose in August, we face the potential of losing the entire property. If we force the State to move against us with foreclosure we could encumber additional debt of $7,000 to $10,000. Councilman Measles asked, what is the total of first? Atty. Dolifka replied, the principal balance of the first is $160,000; the principal balance of the second is $20,000. Penalties would be accrued interest. The City is $330,000. Mayor Williams added, $56,000 is accrued interest. Atty. Dolifka added, part is principal. Mayor Williams asked, is $225000 sufficient to cover the debt? Atty. Dolifka replied, $225,000 was on the basis of a call to B. Darnell. We thought it would cover it. Councilman Measles asked, if. -the -State _foreclosed_ _and took. the property_,_ would both the second and third have to benefit before they can foreclose? Atty. Dolifka replied, the State controls second. The City will find themselves -in -the - same position as the debtors. The court recently held that even if you start foreclosure, you can change. 0- f) KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES APRIL 13, 1988 - 700 PM PAGE 3 You have to decide if it is worth your time. Do we want to walk from this property and lose our $330,000 . or pay for second and first. The City has a difficult position because they are in public trust. You have to look at it in a different light. City Manager Brighton said we cannot walk from that property. FAA will require we make payment to airport funds. Mayor Williams asked, would it be improper, now that we have taken physical control, to at this point discuss potential for that property? Atty. Dolifka replied, one of the main reasons for notice of abandonment was when they abandon you have -certain rights to take possession. You can discuss potential but it is not your property till July 8. If you discuss potential with other people, you have that caveat* if you pay it all off now, they can step in and pay only their arrears. You could talk potential but always with the condition that you may not be able to take title. Mayor Williams asked, would we lose credibility if information was passed to Coimcil at this time with no strings attached? Atty. Dolifka replied from executive sessions I was directed to start action. The owners havo abandoned. You are not in ownership, just possession. You have no rights to enter into contract. FAA may do, that will be a different ball game subsequent to this. If you did nothing, and FAA would sue you for specific performance, you do not want that to happen. Mayor Williams said he can see us putting $1.2 Million into this. Councilman Measles said not if we pay off and take the property back. if we lose the property, then we would have to pay fair market value, it may be less than $225,000 to pay off the State. City Manager Brighton explained he was indicating if we wanted to walk, we cannot walk. The information is, there are Dairy Queen operators in Anchorage that are extremely interested in acquiring this property. They have been in his office and he said he could not start negotiating a contract till this was settled. He said he would notify them when he was in a position to talk to them. They are extremely interested in acquiring the property. Mayor Williams said we are not taking a big chance in paying off and holding the property. The economic downturn is at or near the bottom. Councilwoman Swarner asked, has the sales tax been filed? Mayor Williams replied he has been assured by the past owner it was taken care of. Acct. Parnell ...-said.they-have always .kept up with -sales tax. VOTE, Adopt Ordinance: Motion passed unanimously by roll call vote. 2. Approval of Payment to State of Alaska, $56,314.50, for Delinquent Dairy Queen Loans f� f C t KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES APRIL 13, 1988 - 7:00 PM } PAGE 4 MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, to approve payment of $56,314.50 to the State. j 1 t. Motion passed unanimously by roll call vote. ! j. •• Councilman Measles asked, when is it due? Atty. Dolifka replied, April 19. Mayor Williams requested the record show the bill will be paid. + 3. Mayor Williams asked Council to review the resolutions,. [ distributed this date. He will take them to the j _ Conference of Mayors meeting. ADJOURNMENT: Meeting adjourned at 7:40 PM. ' Janet Ruotsala ` City Clerk 4 \ J i r7, 1 P AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 20, 1988 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD (10 Min.) 1. Dave Hutchings - Police Car Bids 2. Red Goodwin, dba GVC Productions - Promotional Videos 3. Clarence Ladd - Proposal to Close senior Center Carpenter Shop and Additional Vehicle Parking 4. Jason Elson & Scott Walden - Alaska State Firefighters Convention Co PUBLIC HEARINGS 1, Ordinance 1254-88: Repealing Portion of Personnel Code - KMC 23.35.060 2. Resolution 88-27: 1988 Lease of Dock Station $3 3. Resolution 88-28: 1988 Lease of Dock Station #2 4. Resolution 88-29: Transfer of Funds - Purchase*of Ricoh Fax Machine - $2,000 5. Resolution 68-30: Reallocation of ADEC Grant #46540 for $562,100 6. Renewal of Liquor License - Kenai Elks Lodge $2425 D. COMMISSION/COMMITTEE REPORTS 1. Planning & Zoning 2. Harbor Commission 3. Recreation Commission 4. Library Commission S. Council on Aging 6. Airport Commission 7. Economic Development commission S. Kehai Bicentennial Commission 9. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, April 6, 1988 F. CORRESPONDENCE 1. *Gov. Cowper - Naval Homeporting G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Disc: Grace Drilling Co., Lots 10-13, Block 1, CIIAP - Assumable Lease 4. Disc: B. Kline - Approval of Subordination on Purchase of Lots 3&4, Block 2, FBO Sub 5. Ordinance 1255-88: Amending Title 11, Chapter 10 - Penalties for Blocking Dock Facilities 6. Ordinance 1256-88: increase Rev/Appns by $93,000 in Federal Rev Sharing for Motor Grader 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.) L r 1 0 ADJOURNMENT i 2 r-°- I d KENAI CITY COUNCIL -REGULAR MEETING - MINUTES APRIL 20, 1988 - 7s00 PM KENAI CITY HALL I # MAYOR JOHN J. WILLIAMS PRESIDING j x PLEDGE OF ALLEGIANCE A. ROLL CALL <, Presents John Williams, Tom Aokerly, Ray Measles, 4 } , - Chris Monfor, Marj O'Reilly, Linda Swarner i Absents Art McComsey (excused) - 1 ------ -- -- A-1 Agenda Approval °t .. a. Mayor Williams asked that Jerry Near and Bud Lofstedt, speaking regarding LID's, be added as k item B-5. b. Mayor Williams asked that item C-6 (Renewal of Liquor License, Elks) be put on the Consent Agenda. C. Mayor Williams asked that item C-7 be added (Res. - 88-31 - Evaluation of Kenai Emergency Medical Services) d. Mayor Williams asked that item C-8 be added (Renewal of liquor licenses - Runway Lounge and i ,. The Rig) j e. Mayor Williams asked that the bill from Interqual 113,750, Medical Services), distributed this date, be added to item H-2 (Requisitions Exceeding $1,000) f. Mayor Williams asked that item H-4 (Kline subordination, POO SID) be deleted. . g. Mayor Williams asked that items H-5 (Ord. 125E-68) and H-6 (Ord. 1256-88) be added to the Consent _ Agenda. h. Mayor Williams asked that f.tom H-7 (Change Order, Float Plane Basin) be added. L. Mayor Williams asked that item E-1 (Minutes, April 6, 1988) be deleted. MOTIONS councilman Ackerly moved to approve the agenda as amended. Motion passed by unanimous consent. A-2 Consent Agenda . MOTIONS - + Councilman Ackeriy moved to approve the Consent Agenda - - as amended. Motion passed by unanimous consent. B. PERSONS PRESENT SCHEDULED To BE HEARD B-1 Dave Hutchings - Police Car Bids Dave -Hutchings- Hutchings -Chevrolet: In May 1967 he was awarded the bid for two 1988 police cars. He put in his bid that he did not have 1988 costs. His bid -was -- was subject to-1968-increases: when he awarded the- bid, it was his error. He did not read the PO. it said they would award the cars if he would bill at 1967 prices. When they came through, they came at $800-f900 more than 1987 price. He wrote to Police Chief Ross to ,s T , F KENAI CITY COUNCIL APRIL 20, 1988 PAGE 2 � ask if the City could take them off his hands and pay „1t4�_ •Sr' the difference. Chief Ross said no, the bid will stand. The Chevrolet company got the price down to $80 '7 from the 1987 price. The City has 1988's instead of { 19871s. The increase was 5l-6%. $250 per vehicle is { within $300 lees than actual invoice. Atty. Rogers said the mistake is Hutchings. The integrity of the bid process takes precedence in this situation. If you start doing other than what should be done, you are "opening Pandora's box." Mistakes have been done before for more money. He urged Council to follow the bid and not give relief in this instance. Mr. Hutchings said he would prefer not to donate $500 to the City. He has no alternative to keep or send them 1 back. He would request if he spent an additional $50O to sell them, he would like to see the $500 go to a i children's playground or something so he would feel it did not go to the City. Atty. Rogers said the $500 is ` already out of his pocket, now he wants the City to donate to charity. Mr. Hutchings said the City would get the benefit of appreciation of the vehicles. Mayor Williams said we have received in excess of our purchase. We have $500 surplus, we can donate $500 to the children's library or playgrounds. Council took no action. 0-2 Red Goodwin, dba GVC Productions - Promotional Videos Mr. Goodwin explained he does videos for promotionals, " industry and recreational. He has 30 second � commorcials. He is proposing a video monitor in the airport terminal on a continual basis. It would have information about the City and advertising from local i businesses. He would lease the business from the City > and be responsible for the monitor, installation and maintenance. Mr. Goodwin showed a short video. He explained, it would give monthly revenue to the City. He would be willing to sign a lease. Advertising is getting expensive, it would be a good business for affordable advertising. A good number of people travel through the airport. For residents and visitors, it would be entertaining. Councilwoman Monfor asked, what is the cost to the City? Mr. Goodwin replied, nothing. Councilwoman Monfor said the City just had a video made. Mr. Goodwin noted that was still shots. He ` would like to put one together of his own with his own script. There would be 1-1/2 minutes for information, 30 second commercials. He would tie it together, exo fishing with fish ads, etc. Airport Manager Ernst said he has not talked to Mr. Goodwin at length. He did tell him he is not the first to have the idea. He has discouraged the last two. The reason is that this type of video has two drawbacks. a) constant sound audio portion. it cannot be interrupted for flight calls. b) We may run into conflict with existing advertising in the kiosks. He would like to see some type of music in the terminal rather than this. Maybe the City would be better to have their own showing areas in Kenai to see. The square footage rate for this would not bring La -much money. Atty. Rogers said all commercial enterprises let in the airport have been pursuant to RFD's. An exclusive would not be granted or else you would _have to allow -equal access to any other -such - - - -. - _ -_ - . _ _ --- - - _ .._. -_ .— ___ business. Councilwoman O'Reilly asked Mr. Goodwin if he had this type of thing in place now. Mr. Goodwin replied no, this type of thing is in hotels. Councilwoman O'Reilly asked, what would the time limit be? Mr. Goodwin replied, two hour loop of segments, L L -i r K ■ _ - . L KENAI CITY COUNCIL APRIL 20, 1988 PAGE 3 }'' 1/3 advertising, 2/3 entertainment. Councilwoman'" swarner asked if the Airport Comm. had discussed this. Airport Manager Ernst replied it was brought to the Commission at a work session. Councilwoman Swarnor said she would like to give it to the Airport Commission, this type of proposal in general. Mayor Williams suggested they discuss some type of stop-go system when it Le necessary. f Council agreed to refer this to the Airport Comm. s.a, B-3 Clarence Ladd - Proposal to Close Senior Center 1 Carpenter Shop & Additional vehicle Parking + -- Clarence Ladd, Kenai. Mr. Ladd distributed material. } Parking area. The space is inadequate, the south side would be boat for enlarging. He and Glenn Jackson have offered material and labor if the City furnishes gravel. Workshop. Safety has been a concern. It has been in operation for 5-6 years without an accident. It should be used only by qualified persons. Many tasks are being done in the shop without electric equipment, for repair more than any other reason. The pictures show both men and women keep busy there, that is vital to their well being. Repair work that has been done at the Center has been done by them. The director ordered material to repair chairs. It need windows and ventilation for a smoking room. Why dismantle when we already have it? He asked to have his pictures returned. It is his desire that the shop be kept open. There are many seniors here this date. Councilwoman swarner asked, what is the City liability? Atty. Rogers replied, he met with Kurt Olson and reviewed it. The liability of the City is extensive. The reasons area there is safety equipment, it is not always used. There is equipment on the machines dependent on operators. There is no supervision by an employee of the City other than Program Director Porter. She is not qualified nor does she have the time to supervise. There is no training by City employees for their use. There has not been a critique by engineers, there will be if the shop stays open. It will be reflected in our insurance premium. The premium would go up if there - was an accident. The senior citizens would not be covered by workmen's compensation. It was put to a vote, it was not overwhelming but was voted to close. Councilwoman Monfor noted, in the pictures there is a list of workshop rules. It has to have a permit of instructions, there are none. it also says they must - use goggles, the picture shows no goggles. Councilwoman O'Reilly asked, how many seniors use the shop on a regular basis? Mr. Ladd replied, in the last few months, there is steady use. The shop is used without electric equipment. Many people are using it the same as the craft room, electricity is in there with a kiln, they could be hurt there. Councilwoman O'Reilly noted the rules are posted. is there anything to -prevent someone using -them that -knows -nothing about- the equipment? Mr. Ladd replied no, they should not be used without supervision. He suggested the plugs should be pulled when not in use. We can -do much there - - - - ------- without using electric equipment. There are 50-60 people in the community that are willing to keep it open. In most cases they do not use electric equipment. Councilwoman Monfor asked, what if we let it open and took out the electric equipment? Mr. Ladd il! L KENAI CITY COUNCIL APRIL 20, 1980 PAGE 4 said he would feel bad. There are qualified people that use it. He suggested two people at one time for i safety. The City employees can use it also. It belongs to the City. Betty Warren, Box 116, Kenai. She did not want to see it closed either. The vote was 44 to open, 54 to close. There are mitigating circumstances now. She is concerned about safety. There are people who are visually and physically impaired that use it. It is used very little. it cost $150 sq. ft. to make an addition. we are bulging. The wood shop is being used for craft people. We do not want to take out those things. Perhaps people that do not use the senior center signed under the 44 votes. She did not think i Mr. Ladd should go to business people in the City. None of those people have a right to say how we operate our center. We have had volunteers numerous times going to the shop to help and no one showed up. She 1 agreed with Mr. Ladd regarding the parking. City Manager Brighton asked if Council on Aging had taken a j4 position on this. Mrs. Warren replied, they voted on Lt. It was in the April newsletter. They had a vote for one week. Councilwoman Monfor asked, did Mrs. Warren think the seniors would be willing to pay the liability insurance to keep the shop open? Mrs. Warren asked, all the seniors or those that use it? Councilwoman Monfor replied, elLher. Mrs. Warren replied, they cannot afford it. Mayor Williams requested the Council on Aging submit a formal report and the insurance company submit a report on liability. Then Council will make a decision. Ladyt Liability insurance would be on 5-8 people, not 90 people. Chances of an accident with that many people would be loss. S-4 Jason Elson 6 Scott Walden - Alaska State Firefighters Convention << •I Jason Elson. The Kenai Peninsula Chapter will host the 1988 Firefighters and Fire Chiefs Aeon. meeting. it is the legislative arm for the fire services. They support legislation, there 600+ members - paid and volunteer. There are 100 members in the Fire Chiefs Assn. Kenai is the youngest, approximately 26 years. 143 members Peninsula -wide, including Homer, Seward, Soldotna, Kenai, Anchor Point, Nikiski. The purpose of the conference Lot a) on -going legislation, and b) training sessions. The theme is Firefighter Safety. They wili-promote tourism with this. He has asked the firefighters to visit the Kenai Peninsula before or after the meeting. They will transport them to other areas of the Peninsula during the session. The support has been overwhelming. They have the support of the Kenai Peninsula Caucus and the Chambers of Commerce. Scott Walden. Three years ago they submitted an application for hosting the meetings. It was granted 1 to the Peninsula. They ham a -Peninsula -meeting a year- ago to bid on the area. It was a secret ballot, Kenai was unanimous. The main reason was access - Or and road. It will be at the KCBs auditorium. They will have many vendors. The conference has traditionally been at one site. Many people in the State have not f i been to the Peninsula. They will -have training throughout the Peninsula, with bus service. They expect 1/3 of the total membership. They are planning Is I Yi i iF i 5` i KENAI CITY COUNCIL APRIL 20, 1988 PAGE 5 a minimum of 300 people. The Aeon. is self-supporting, j part is from the Alaska Firefighters Aeon., part isi; grant, and part is the Kenai Peninsula Assn. They hope to have a small profit to put towards next year's meeting. One of the obstacles is this is a Kenai Peninsula function, Kenai City is sponsoring it. There are 300 registered for the meeting. City Manager Brighton noted 40%-50% will bring spouses. Councilman Ackerly suggested the Assn. get a follow-up — at the and of the session for the Econ. Devel. data bank. Councilwoman 8warner noted in the packet, it is not the Lowell Thomas gallery. Mr. Eloon invited Council to the Open House at the Fire Dept. Mayor Williams added, he will be lobbying for location of the I ' fire training field in the Borough. we could become the fire training site for the whole state. B-5 Jerry Near, Bud Lofstedt - LID's I Jerry Near, Ridgeway. In 1963, he and Bud Lofstedt sold a parcel of 25 lots in Redoubt Terrace to a local i builder. The builder put in water & sewer at his own expense. The value increased so the builder got 1 $85,000 additional from the bank. More homes were built. The builder petitioned the City for an LID of $70,000 to pave roads. As the economy began to erode, the builder could not pay back on the second. The builder never paid the City on the LID. He also defaulted on the first. The bank instituted foreclosure and said they wanted the property. In one year they took the property and then gave it beck to Mr. Near and Mr. Lofstedt. They are the first mortgageos. It is $70,000 in debt, most of it in arrears. They find themselves under foreclosure in the City. They are not alone. If this come: down it will pull other properties down and put a substantial amount of land on the market. I Bud Lofstedt, Box 1616, Kenai. To solve this without a logs, they are requesting 90 days to bring this current. They could sell enough to bring it current. If they cannot, they will give back the sand to the City. it is not their fault. They gold in good faith. The builder has not paid anything on this, they owe it all. If they could have the City's help, they will try to bring it current. Atty. Rogers said some time back he was party to a meeting with Mr. Lofstedt, Mr. Near and City Manager Brighton. Although we are further down the road, the property they speak of is presently advertised in the paper. The listed owner is NBA. We i take our records from the Kenai Borough. He believed it was in the April 19 paper. They have requested 90 days to bring this current. There is no way in the legal process, that he is aware of, to stop the process and start over. if Council gave special help to one, it stops the proceedings. You don't start again, you have to start over. We cannot hold this in abeyance. The other problem is you would have to differentiate between this parcel and other parcels that request the same consideration. He sees a problem of equity. Councilwoman Monfor said -she did -not think they could - - - ----- ---------- decide now. Are we foreclosing on NBA? Atty. Rogers replied no, we are going to propose. Councilwoman Monfor asked, did we know that when we started 1 -- - - --- - - - -- =- foreclosure? Atty. Rogers replied yes, but ownership f` is not the question, the debt is the question. Councilwoman Monfor asked, if somebody out there is willing to work with the City to pay back the money a I ,P _i '•i s j� 1' f{ is i KENAI CITY COUNCIL r , APRIL 20, 1988 PAGE 6 { that they owe, she would be willing to talk with them. I we should not be in the land business. Why are we not to them if they are willing to work~ willing work with with us? Atty. Rogers explained, there is the right of redemption. it exists at this time till the court rules. Councilwoman Swarner asked, if they had come before it was published, would it be more legal? Atty. Rogers replied no, this is not property we hold paper on, this was improvements at the request of the owners at the time. The fact that people bought from other people is of no legal consequence. Mayor Williams said we have a group problem with foreclosure on several properties. We cannot take this entire group of properties presently being foreclosed on without setting aside the entire group of properties. in Oct. AHPC put a hold on foreclosures. We can take that 4 position here also. if we do, we have to see what will happen on July i to see if there are any others. Councilwoman O'Reilly suggested a work session. Mayor Williams asked, when is the date for foreclosure? Atty. Rogers replied he did not know. Mayor Williams said there is a period of time that people can come Ic forward, the first right of redemption. if you paid, the property would revert back to you. The City will not put out for market right away. There is a period of time involved. Mr. Lofstedt noted the 90 days puts them through July. Atty. Rogers said what you do in any instance will have a bearing on those paying their ! assessments. There are some large assessments coming " due in July, ex: Inlet Woods, $250,000. Will we be setting a precedent for them or others or those now current that would not want to be? Mayor Williams asked that Administration have information regarding the time between foreclosure and redemption period for the next meeting. C. PUBLIC HEARINGS C-1 Ord. 1254-88 - Repealing Portion of Personnel code - ti KMC, Title 23 MOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-2 Res. 88-27 - 1988 Lease of Dock Station $3 MOTION: Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-3 Res. 88-28 - 1988 Lease of Dock Station N2 MOTION: Councilwoman Monfor moved, seconded by Councilwoman - - --- - ---..----.---.--..-------. Swarner, to adopt the resolution. There was no public comment. KENAI CITY COUNCIL APRIL 20, 1988 PAGE 7 Motion passed by unanimous consent. C-4 Res. 88-29 - Transf. of Funds - Purchase of Ricoh Fax Machine - $2,000 MOTION& Councilwoman Monfor moved, seconded by councilman Measles, to adopt the resolution. There was no public comment. Mayor Williams said, this is from Office Place. Admin. Asst. Geretlauer axplained, it is compatible with major office machines out there. It has 1/2 tones for photos. Mayor Williams added, they were directed to get a better unit. Councilwoman Monfor asked if they had enough phone money. Answer - yes. Motion passed by unanimous consent. C-5 Res. 86-30 - Re -allocation of ADEC Grant /46540 for $562,100 Mayor Williams explained, this is for water color and odor. NOTION: Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. PUBLIC COMMENT$ a. Tom Wagoner, 4040 Primrose Place, Kenai. in the 86-87 capital improvement list, the sewer interceptor for Thompson Pk was N5 for $1.45 Million. In 87-88 it was #12 for $1,450,000. In 86-89 it is voided from N1 through #10. It was dropped from health 6 safety also. why has it been totally dropped? Why is the City considering improving the water system that is a user supported system? The proper method is to assess users, not assess all citizens. 30% of the citizens are non -users, they should not pay. He ;ed Council to defeat the resolution, do a study Thompson Pk - what assessments would be for = 6 sewer to be installed, contact each ►party owner regarding what their feelings are, in reconsider the resolution. The only formation from Thompson Pk was the petition with [uestionst a) would you like to see sewer in imp on Pk, and b) would you like to sae water in $mpson Pk. The city would not be smart to ;tall one or the other, but both. Council u&imously voted not to put finish gravel on )mpson Pk till they made a decision on water i oar. if we installed, we would lose a large aunt of gravel. The Council planned to go in th water 6 sewer at a later time. Council had t-508 assessment policy for paving and water 6 rer. There are people in Thompson -Pk in -dire 3d of water 6 sewer. The banks, City and rough gave permission to have common water and #er, that should not have -been allowed. It was upped from the capital improvement list because was too large a sum. The first 2-3 projects o $2.98 Million. You already have $562,000. n have $890,000 to complete, that is cheaper. L_ K i KENAI CITY COUNCIL APRIL 20, 1988 PAGE 8 Mayor Williams replied, this is the actual cost to take a sewer interceptor to Thompson Pk, not 4 through it. Mr. Wagoner replied, he is willing to pay to get into Thompson Pk, not the City. He did not think the people in Thompson Pk expected to pay. Aliak only paid 25%. He is asking for reconsideration of some capital improvement 4 priorities. He asked that this be defeated and the people of Thompson Pk be consulted. Mayor Williams said the survey he reviewed was more than informal. This action was based on that. Thompson Pk survey did not give a clear result as to water a sewer. The water system a are self supporting when constructed, but most were built I by goverment moneys. Originally they thought $196,000 was available of $561,000. From the Fairbanks lawsuit, =562,000 was made available to us. It was his understanding $2,243,000 was to get the sewer line to Thompson Pk. We are $1,700,000 short at this time. He would like to clean up the water they already have. Councilwoman O'Reilly asked, when was the survey done? Admin. Asst. Gerstlauer replied, 1982. City Manager Brighton explained, the result was, 50% wanted water, the same 50% did not want ewer. 50% wanted sewer. whatever they did, 1/2 would be mad. We have had water to Thompson Pk for at least 9 years, it has not been distributed because there was not enough interest in running water through. The $500,000 is match money, to use it we have to match. This resolution is to ask for direct grant without match. Councilwoman O'Reilly\ said if the survey was done in 1982 and there is a question as to how scientific it was, she would think the population has changed considerably. Councilwoman Monfor said one of the reasons water was not taken into Thompson Pk is they would have to tear everything up to put in sower. They wanted to put in both at the same time. Mayor Williams said, regardless of whether we do together or not, you have to tear up the streets 2 times. We accept the grant, we will have to match with $500,000. If we re -allocate to other moneys, we will be able to receive as a grant. He asked if we were bound by the previous resolution and match or will we have to rescind the last resolution? Mr. Wagoner noted the figure he had was $1,450,000. What is the new figure? Mayor Williams replied, $2,243,000. Public works Director Kcrnelis said the engineering design has been completed. That was the old figure. The engineering has not been completed yet. Mr. Wagoner said the instructions for survey were not specific. He is asking for a specific proposal. They could have 2 aesessment districts, one in halls also. If the City did not plan to go ough with this, why did they ask for this in first place? There was 14-1/2 Million to $S lion in the City reserve. Now we are up to •7 lion. How far are we going to allow this fund grow? If it grows, you will have trouble with taxpayers .in the _City.._ It grows. by. ._ 000-$6,000 per year. We could do 50% of the joct now and get it half done. Mayor Williams d_the money was not -totally -available to -us. thought only part was available, we thought we ,id match. Fairbanks sued the State and won. now have 1562,000+, $400,000 more then ginally. We have an opportunity to got all L I 6 u v KENAI CITY COUNCIL APRIL 20, 1988 PAGE 9 with no strings attached. Mr. Wagoner asked, where was the $562,000 from? Mayor Williams replied, that was the original grant. Mr. Kornelis explained, the original grant was $2 Million, they only allotted $562,000. Councilman Measles asked, how long is the original grant good for? Mr. Kornelis replied, it is from DEC, it is not a direct appropriation. The grant does not show a deadline. If it is not spent, DEC can spend at their discretion. councilman Measles said if we don't ask for re -allocation, how long do we have the $562,0007 City Manager Brighton explained, this is different than a capital improvement project grant, if we do not use in the next year, the legislature can re -allocate. Till the money is committed, it is subject to redistribution by the legislature. Councilwoman O'Reilly asked, if we request re -allocation, do we have to have a special project, or can we sit on it for awhile? Mr. Brighton replied, it must be somewhat definitive. Our wording is drinking water improvements. Councilwoman Swarner asked, what guarantee do we have we will not lose it at the next legislature? Mr. Brighton replied, none. The reason we got a call from the legislators is, many legislators are into DEC funding and re -appropriation. if we do not ask for re -appropriation it could be re -allocated to other areas by grant. The legislators appropriate money, any not spent is subject to re -appropriation. The call was to protect our appropriation and to sea if it was committed to a project. Councilwoman Monfor asked, by accepting Res. 87-16, did that commit us to a project? Finance Director Brown noted, we have not received it yet. Mr. Brighton explained, we have not appropriated the match money yet. Councilwoman O'Reilly said we are talking about the same $562,000. Why did it have to be a match before but not now? Mr. Kornelis explained, DEC grants are always a match. Councilwoman O'Reilly asked, if it were re -allocated, would it be DEC? Answer - no. Councilman Ackerly added, we can do anything we want then. Councilwoman Monfor noted, this is specific. councilman Measles said that limits it to water. We have water in Thompson Pk, so it takoe it out of Thompson Pk. If you put in water, you should put in sewer. The survey should say both, not either/ori and, are you willing to pay for it? MOTION, Amendmonto Councilman Ackerly moved, seconded by Councilwoman Monfor, to amend the motion as follows, Heading, line 4, delete the word "drinkingi" Line 5, add the words "and sewer" after the word "water." 4th WHEREAS, line 2, add the words "and sewer" after the word "water." In the NOW THEREFORE paragraph, line 5, delete the word "the drinkinv " and add the words "and sewer" after the word "water." VOTE, Amendments Motion passed unanimously by roil call vote. VOTE, Main Motion as Amended (Passed)s Yea: Williams, Ackerly, Measles, Monfor, O'Reilly I KENAI CITY COUNCIL APRIL 20, 1980 • , PAGE 10 I No: Swarner C-6 Renewal of Liquor License - F Kenai Elks Lodge #2425 Approved by Consent Agenda. ' C-7 Res. 88-31 - Transf. of Funds - Evaluate Kenai ' Emergency Medical Services - $3,750 R MOTION1 ` Councilman Ackerly moved, seconded by Councilman Measles, to adopt the resolution. I There was no public comment. Councilwoman Swarner asked, why was it not taken from the Piro Dept. budgot? Finance Director Brown replied, no funds. City Managor Brighton added, he told Council 1 it would be $2,000, but they told him $3,750 this date. It is from Walters & Olson, but it is not their figure. Motion passed by unanimous consent. .. C-8 Renewal of Liquor License - 1 i The RigLounge Clark Whelan reported, the Borough is working with The The Runway is Rig and asked for an extension. still t delinquent. ` PUBLIC COMMENT: 1 a. Sandra Daniels, Runway Lounge. Her daughter went to the Borough and got a balance for this and the restaurant up to March 31, 1988. The Borough " quoted a payment, she paid in cash. She got word I about 6:00 PM that there was a problem. The I Borough made a mistake. She still owes i1,700+, she paid $4,200. Her daughter reviewed and said it might be $1,000. MOTION, Postpone: := Councilman Ackerly moved, seconded by Councilwoman Swarner, to postpone action to the next Council meeting . on the Runway Lounge and The Rig. Motion passed by unanimous consent. - D. COMMISSION/COMMITTEE REPORTS D-1 Planning & Zoning Admin. Asst. Gerstlauer reported Little Ski No submitted a request for remodeling of the restaurant, it was the deck only. It was approved. Mayor Williams asked if it had gone -to Landscape Bd. Mrs. 0erstlauer replied yes, it was approved. ADDED ITEM: - --- = - Mayor Williams -said -he -reviewed with the Landscape Ed. 4-19. They wore concerned they were not Betting Council support. He assured them they did. D-2 Harbor Commission 1 76' i R J KENAI CITY COUNCIL APRIL 20, 1988 _ PAGE 11 Chairman Quesnel reported they are still reviewing the harbor regulations and fee schedule. They discussed the home porting. The cranes have been ordered. They have spoken of a floating dock, it would be safer. Public Works Director Kornelis has recommended it, it would be $15,000 to $17,000. They will review and pass the information on to Council. They are looking at expanding the staging area. one of the lessees suggested opening the dock for a longer period for herring and halibut. Mayor Williams said the 2 contracts are for $92,000 and take care of operating costs. We have not considered any other income. Mayor Williams asked about the status of the public hearing for docks in the Beaver Loop area. Public Works Director Kornelis replied the word from the Corps of Engineers is that a public hearing is not necessary. Mayor Williams noted we cannot put mud back into the river without a permit. We will have to have a permit to clean the boat ramp each year. D-3 Recreation Commission { None h� D-4 Library Commission �f Mayor Williams noted this was Library Week. - -- Councilwoman Monfor reported the City paid for lunch for the volunteers at the Chamber of Commerce and a proclamation was read. City Manager Brighton noted there was a discussion in the minutes about an extension to the library for the law library move. Are we planning another extension? Councilwoman Monfor replied it was in the Goals & Objectives. Mayor Williams suggested everybody needs to be in concert with this. If it is pulled off correctly, lot the state pay for the extension and the employees, but he did not want one at the state, one at 81 the City and one upstairs. Commissioner Brenckle will Y work with the attorneys. 'i D-5 Council on Aging Mayor Williams said we are pushing hard for congregate housing. City Manager Brighton asked Project Director 1: Porter if she was pushing with her folks. Mrs. Porter replied they have public opinion mossages. D-6 Airport Commission - - Councilwoman O'Reilly reported they discussed Goals i Objectives at their last meeting. ;t ti Mayor Williams said they need names to replace Les Vierra and Matt Raymond. Also Dottie Kr$yanoski at Planning & Zoning. D-7 Economic Development Commission --- -- - — None j; D-8 Kenai Bicentennial Commission t Councilwoman Monfor said they have accepted their Goals & Objectives. she suggested when the City orders new letterhead, they put "1791-1991" on it. L i { KENAI CITY COUNCIL APRIL 20, 1988 PAGE 12 II (> D-9 Miso. Comm/Comm None .� F. CORRESPONDENCE F-1 Gov. Cowper - Naval Homeporting Mayor Williams suggested a mini -cabinet for home porting. General Schaeffer is the man he has been trying to work with, but he has had to work with Mr. Borg. He now has an invitation to visit with Genl. _- Schaeffer. G. OLD BUSINESS None H. NEW BUSINESS H-1 Bills to be Paid, Bills to be Ratified MOTIONS t' Councilman Ackerly moved seconded by Councilwoman i Nonfor, to approve the bills as submitted. } Notion passed by unanimous consent. H-2 Requisitions Exceeding $1,000 1 NOTIONS Councilman Ackerly moved, seconded by Councilwoman O'Reilly, to approve the requisitions with the addition y of the bill from Interqual in the amount of $3,750. Notion passed by unanimous consent. I H-3 Disc. - Grace Drilling Co., CHAP - Assumable Lease l ' } Atty. Rogers said they are requesting Council to allow t a signatory capacity. Admin. Asst. Gerstlauer r explained Grace Drilling is the sub lessees from Beluga Development. Beluga released their contract, Grace would like to assume. They ask to have individual signatories waived. Atty. Rogers noted Grace Drilling is a subsidiary, you should look at Grace Drilling, not z W.R. Grace. NOTIONS -- -- _ Councilman Ackerly moved, seconded by councilman Measles, to accept the corporate signatures of Grace Drilling, CIIAP. Motion passed by unanimous consent. H-5 Ord. 1255-88 - Amend. KMC, Title 11, Penalties for +� Blocking Dock Facilities H-6 Ord. 1256-88 - Increas. Rev/Appns - Federal Revenue - =- - =-- - Sharing - Motor Grader - $93,000 --- Approved by Consent Agenda. H-7 Change Order - Doyle Const. - Float Plane Facility No Charge I MOTIONS } i {� PT r - KENAI CITY COUNCIL APRIL 20, 1986 PAGE 13 Councilman Ackerly moved, seconded by Councilman Measles, to approve the change ardor. Public Works Director Kornelis explained, at the request of the contractor, he met with Engineer LaShot, Airport Manager Ernst and the consulting engineer. He will build a new road in exchange for use of the old road. It would be at no cost the City. Administration recommends approval. The upper part will be wasted. (silt and mud) The lower part will be stored. It will not cut the view of the tower. The only increase will be in seed but the road will not be seeded. Motion passed by unanimous consent. I. ADMINISTRATION REPORTS I-1 City Manager City Manager Brighton spoke. a. Borough Mayor Gilman asked to speak at the next Council meeting regarding the land fill. b. He received a call from the Chamber of Commerce. They wanted to know how many cassettes the City wanted. (City promotion) They are $30 a piece. They can get a break at a larger amount. He needs to know by April 21. Councilwoman Swarner asked if we could order at a later date. Mr. Brighton replied yes, he suggested 25 now and more later. Councilman Ackerly suggested one in the library. Mayor Williams suggested ordering 15 at $30, unless they can get them for 115-;18 for 100. MOTIONt Councilwoman Swarner moved, seconded by Councilman Ackerly, to purchase 15 at ;30 each. Motion passed by unanimous consent. Mayor Williams asked Administration to find out what 100 will coat. I-2 Attorney Atty. Rogers spoke. a. The litigation on the personnel matter. (Info 87 and N8) There is a change of judge. They cannot sue the police chief and cannot serve the mayor. b. Councilman Ackerly asked if there was any news on utility relocation. Atty. Rogers replied no, he was assured at the Democratic Convention that it I is as it was and will remain as it was. Mayor Williams, City Manager Brighton and he will be going to Juneau. I-3 Mayor Mayor Williams- spoke. a. The Landscape Bd. wants an ad hoc member. They do not meet regularly, so At will_be difficult. b. He will be amending the letter to the legislature regarding capital funding and bringing it to Juneau. I-4 City Clerk r t. x 0 KENAI CITY COUNCIL �'^ APRIL 20, 1988 l _. PAGE 14 Clerk Ruoteala spoke. A. She reminded Council that May 4 will be Student Government Day. b. she reminded Council that May 20 is the Volunteer Appreciation reception. a. There will be a special meeting of Council on April 25, 1988. 1-3 (aontd) Mayor Williams said the special meeting on April 25 will convene at 6:00 PM and will be to adjourn to executive session to discuss the City Manager, Attorney and City Clerk. I-5 Finance Director None I-6 Public Works Director Nano 1-7 Airport Manager None J. PERSONS PRESENT NOT SCHEDULED TO HE RRARD a. Councilman Ackerly. He will give the list of student representatives for Student Government day , to the Clerk. b. Mayor Williams. We will need a student representative for the Library Comm. C. Councilwoman O'Reilly. The subject matter for the April 25 meeting has not changed? Answer - correct. d. Councilwoman Swarner. The 7-year report distributed this date. Why wore some from last summer and some from March 19887 City Manager Brighton replied, that La when they were turned in. Councilwoman Swarner asked, when were they requested? Mr. Brighton replied he did not remember. e. Betty Warren, Box 116, Kenai. April 30 the Senior Citizens will be having a fashion show. There will be a tea for the volunteers on April.23. There will be a pancake breakfast for the prom kids on April 24. From the money they earn they hope to get the Foundation going and renovation of the wood shop. f. Councilwoman Swarner. There will be a "Country Fling" April 23. ADJOURNMENTS Meeting addjou�rnedn/l0s55 PM. Janet Ruoteala City Clerk (_ I E�y CITY OF KENHi ' „D�l ego 4" Te"HoNem-mm AMENDED MEETING NOTICE The work session scheduled for Monday, April 25, 1988 has been amended. The Kenai City Council will be holding a special M-68tiAS on Monday, April 25, 1988 at 6:00 PM in the Council Chambers. To be discussed: 1. Fy 88-89 budget 2. Council review of Administrative Job Descriptions A light dinner will be served. A"� Janet Ruotsala, CMC City Clerk DATED: April 21, 1988 JR:tp n KENAI CITY COUNCIL - SPECIAL MEETING - MINUTES APRIL 25, 1988 - 6:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Tom Ackerly, Chris Monfort Marj O'Reilly, Linda Swarner, John Williams Absent: Tom Ackerly, Art McComsey (excused) 1. FY 86-89 BUDGET Mayor Williams explained this special meeting was called because of the need for an executive session. RECESS TO 6:25 PM. Mayor Williams noted memos distributed this date by Finance Director Brown & Atty. Rogers and current employment contracts for City Manager Brighton and Atty. Rogers. MOTION: Councilman Ackerly moved, seconded by Councilwoman O'Reilly, to grant a 3% salary increase to all employees of the City not covered by employee contracts MOTION, Amendment: Councilman Ackerly moved, with consent of second, to amend the motion to include all employees except exempt employees. Councilwoman O'Reilly stated she had a member of her family employed by the City. Was this considered a conflict? Atty. Rogers replied it is the same as assessment districts, there is no conflict. Councilwoman O'Reilly said the employees have not had an increase in 3 years. 3% is not an overly generous amount in view of the cost of living, no matter what has happened to the economy. We have fine, outstanding employees, this should be approved as a vote of confidence. Councilwoman Monfor said 3% is fair. Maybe -next year we could -look again. - -They have not come on masse with threats. Mayor Williams -asked - Finance Director Brown, what is --the employees 'annual salary, the low and high? Finance Director Brown replied, it averages about $35,000 to $36,000. Mayor J Il ' w r- KENAI CITY COUNCIL APRIL 25, 1988 PAGE 2 williams said that would be $85 to $100 per month average. Motion passed by unanimous consent. MOTION, Executive session: Councilman Ackerly moved to adjourn to executive session to discuss employee contracts and other exempt employees. Motion passed by unanimous consent. COUNCIL ADJOURNED TO EXECUTIVE SESSION: 6:30 PM. COUNCIL RECONVENED: 10:50 PM. MOTION: Councilwoman Monfor moved, seconded by Councilwoman O'Reilly, to rescind the previous action of 3% employee raise till the full Council is here. Motion passed by unanimous consent. ADJOURNMENT: Meeting adjourned at 10:50 PM. AWAP"". Janet Ruotsala City Clerk Marilyn E. Wheeless 207 Candlelight Dr. Kenai, Alaska 99611 April 5, 1988 Alaska Public utilities Commission 420 L Street, Suite 100 Anchorage, Alaska 99501 Dear sir or Madam: Last month I wrote a letter of protest to Enstar, our local gas consumption in utility. Enstar had "computer averaged" my gas November, December and January. In February, they sent a meter reader, the result of which was a gas bill 150% higher than any the least, which prompted previous billing. I was shocked to say my payment -`bf the bill "under protest" and I still fail to understand how Enstar can justify this. my limited sources tell corporation. me Enstar has been purchased by seagull, a Texas justify taking huge profits out Of Alaska at They still cannot the expense of Kenai Peninsula residents, by charging us exorbitant rates and by "using computer averaging" ratter' than even higher. paying meter readers, so that the profits are I am in the same position as many people on the Kenai Peninsula barely scraping by from Payday to elsewhere in Alaska) (and I am a payday, so that I can continue to live in Alaska, where I hardship this billing lifetime resident. I blink cf what a caused for me, and I wonder what happens to those even procedure worse off than I am, i.e. retired people on a fixed income such rent families, supporting and single pa as social security, w" income which then basically is also a fixed children on one income. Do they forego food in order to pa y for heat in the months Enstar chooses to send a meter reader? A representative of Enstar, Mrs. Weber, called me yesterday. She also explained that "due explained the *computer averaging" and the expiration of a 20 year contract that KUSCO (Kenai Utility to Service Co., recently purchased by Enstar) had with Union Oil, a higher price to get their gas, which has Enstar now has to pay resulted in a 47% rate increase over the past 6 months of so". last night and However, I spoke with a Union oil representative is buying gas from Union oil at the sameWhy, was informed that Enstar under the old KUSCO contract. then, wITh Th1_n9_s rate as e paying 47% more 'aready— g—et'tTn-g—more anmoreexpens vep are w sent -are only for gas? Certainly not to pay meter readers,who tiore—sthrough the winter. certainly not for out a couple of -- better service, which in -my mind -would -consist of getting --mete-re and read every month, so that I am billed for actual consumption I�used _ which has no not the -consumption some computer thinks basis in fact. I A -i r I am only one of a number of friends or neighbors who received exorbitant gas bills in February. One acquaintance who is forced to live outside due to the current economy, received a $216 gas bill for an e�emptyhouse, in which all but a bare minimum of heat has been turneTcff. All in all the combination of increased rates and "computer averaging" has put a severe burden on many of us who are Enstar customers. I firmly request that these practices be investigated. If Enstar is truly not paying more for the gas, why -are we? If Enstar has _meter _readers_ _on their payroll, why aren't they out working, instead of letting a computer do the job, and a darn bad one. And if Enstar wants to justify their 47% increase to me, they could hire a few ate meter readers and get the meters read each and every month and at the same time put a few of our unemployed men and women to work, which would boost the economy. Computers have their places in our lives, but they cannot compete with the "human" element. They cannot adjust for weather conditions, or for the fact that a house has sat empty for months, while the computer averaged monthly consumption at a lower and lower rate, only -to suddenly be made aware, through the. "human' element, that actual consumptionwas higher by getting a' bill 150 to 200% higher than expected. I truly feel this is an injustice to Enstar's customers. C) �8incereiy, Marilyn E. Wheeless if Kenai M t.; REPRESENTATIVE C.E. "SWACK" SWACKHAMMER slaska btate 'Legislature F _ A JUNEAU BOX V JUNEAU, ALASKA 99811 (907) 488.2689 IsOuge of *PTegedatibeg April 1, 1988110 Mayor John J. Williams Kenai City Council Members086t$Ii�`,ti 210 Fidalgo Kenai, AK 99611 Dear Mayor Williams and City Council members; Thank you for sending me a copy of Resolution 88-7 and Resolution 88.8 which urges the state to resume funding of the FRED Division at levels that will ensure full funding for the Trail Lakes Hatchery and the continuation and expansion of the fish by-products industry. Enclosed please find a copy of a letter from Fish and Game Commissioner Don Collinsworth which addresses some of the concerns noted in Resolution 88-7. If funds were available, I would also oppose contracting out any hatchery in the state. However, with the legislature looking at the possibility of a $100 to $400 million shortfall in the fiscal year 189 budget, the legislature is looking for innovative ways to make up for these expected deficits. One of those innovative methods is to contract out four hatcheries to regional aquaculture associations. Otherwise, four hatcheries would be scheduled for closure. The true sport fish hatcheries; Big Lake, Fort Richardson, and Elmendorf are and will continue to be under the supervision of the FRED Division. The hatcheries at Kitoi, Cannery Creek, Hidden Falls and Trails Lake are those being considered for transfer to the regional aquaculturs associations. The aquaculture associations are the more appropriate entity to transfer these hatcheries rather than bidding out the hatcheries on a competitive basis. The aquaculture associations were established under AS 16.10.380 for the purpose of enhancing salmon production and amending as necessary a comprehensive salmon plan. The associations are to possess a board of directors which includes -no -less than -one representative of each user group that belongs to the association. Thus the associations already have -the mechanism in.place-_to implement salmon enhancement plans for the particular region it represents. The comprehensive salmon plans, found —in —AS 16.10.375, are developed by Department of Fish and Game and regional associations, such as Cook Inlet Aquaculture Association. Thus the associations must manage the hatcheries to accede to the regional salmon plan, whereas, a private nonprofit hatchery is not necessarily bound to V L 10 _ i kF 111 J follow the guidelines of a regional salmon plan. Sportfishing, as well as subsistence needs, must also be considered when the associations work with the regional plans for enhancement purposes. The associations have a long and successful history of managing hatcheries and handling this type of activity. Any plans for enhancement projects must meet with the approval of the aquaculture association's board, which is comprised of sports, commercial and subsistence fishermen, and the FRED Division. It might be in your best interest to contact Tom Mears, Director of the Cook Inlet Aquaculture Association, and discuss with him any plans the association might have for all its enhancement programs. Responding to Resolution 88-8, the position of the principal biologist in the Southcentral region, held by Dr. Ken- Leon, has not been funded for fiscal year 89. however, Dr. Leon will be retained in the FRED Division. Dr. Leon has accepted the position of regional biologist with the division's Southeast region. Because of recent personnel turnovers in the Southeast region, it is felt that Dr. Leon can best contribute to the division from this regional position. Dr. Brian Allee, director of the FRED Division, has assured me that Dr. Leon, who has been the architect behind the Alaska Dry Pellet program, will still provide any oversight that may be needed to sustain the dry pellet food program. Change is almost inevitable. With declining revenues, the FRED Division had to align its staff to meet future needs. Development of the Alaska Dry Pellet is well advanced and can just about stand on its own merits at this time, thus allowing the FRED Division to direct its resources toward other pursuits. The Alaska Dry Pellet is being used in both public and private nonprofit hatcheries throughout the state and has gained an excellent reputation. Most of the state hatchery managers are using the ADP product. It would be highly unlikely that a change in food products would occur knowing the confidence hatchery managers have in the Alaska Dry Pellet, as long as work continues to upgrade the quality of the product and prices remain competitive with those products produced in the lower 48. I will do whatever possible to ensure the promotion and use of this product by our state and private hatchery facilities. Mayor Williams and Council members, your input and interest in this matter is truly appreciated. If I can be of further service, please do not hesitate to contact my office. Sine ly, C wackhammes sentative CES/tw W C 7 N111MAN RYE OF A &L&S A STEVE COWPER, GOVERNOR z, I DEPARTMENT OF FISH AND GAME P.Q Sox 3-2000 JUNEAU, ALASKA 99602 200.'1 (907) 46541W �,,, '<< ` n .. OFFICE OF THE COMMISSIONER PHONE. i { - 1 March 24, 1988 1 The Honorable C. E. Swackhammer ' Alaska State Legislature P. O. Box V j Juneau, AK 99811 i Dear Representative Swackhammers ' You have expressed concern about the Trail Lakes Hatchery. Apparently, this concern is based on comments you received from constituents in the Seward/Kenai Peninsula areas. Unfortunately, there is confusion related to contracting -out the operation of state hatcheries to regional aquaculture associations. I would like to explain the FY 89 budget strategy for Trail Lakes t Hatchery as well as discuss the program there to help clear up 4 this confusion. A recent article in the Seward newspaper focused on the closure of the hatchery. Contrary to that article, the administration's ;{ position is not to close any hatcheries if it can be avoidedl the .� hatchery program is very successful and should be maintained. Unfortunately, the General Fund dollars for the Fisheries Rehabilitation, Enhancement and Development (FRED) Division have :..: been reduced by more than 30 percent since FY 88. As a result, the division is facing a serious funding shortfall. In the absence of full funding for hatcheries, the division's short-term and incremental approach is to contract operations of selected, state hatcheries to the private sector. The FY 89 budget proposes that four of the states 19 hatcheries be contracted to the private sectors these are the Trail Lakes Hatchery, the Kitoi Bay Hatchery near Kodiak, the Cannery Creek Hatchery in Prince William Sound, and the Hidden Falls Hatchery in Southeast. Under the proposed FY 89 budget, a contract would be written which stipulates that production at the Trail Lakes Hatchery be maintained. The contract would address continuing both the _.-- - --- commercial- and sport- -fish production at the facility. '; In addition to assuring that fish production is maintained, the .". - - -- - -- -- contract- would contain - language -to protect the state rs -investment - in the hatchery building and state equipment.' The department intends to negotiate the contracts- witbTT{{, ssg,'IpM .;a aquaculture associations because of their experience .ini ante record of operating high production-lev,'ly r I The Honorable C. E. Swackhammer 2 March 24, 1988 However, an amendment to Title 16 of the Alaska Statutes must bed approved by this 1988 Legislature before contracts can be negotiated. Since negotiations cannot presently occur the department cannot at this time come to a firm and binding agreement with an aquaculture association to assure that it would pay the costs of producing fish at Trail Lakes for the sport fishery. Because of the concern of various parties in the Seward and Cook Inlet areas that the sport fishery production continue, Dr. Brian J. Allee, FRED Division Director, has been cooperating with your staff and Governor Cowper's staff to request $39,304 in the department budget to fund sport fish production at Trail Lakes. (Enclosed is a line -item, sport fish budget for Trail Lakes.) The Trail Lakes Hatchery was designed as a central incubation facility allowing for production of fry and smolt utilizing several species of salmon. A diverse and broad -based production program has evolved to support commercial and sport fisheries enhancement projects. The following le tab s summarises the �. projects currently in place at the facility: am Sacksye hidden take Release Nation Hidden Lake Sodmye Packers Lft Packers Lake Cato Bear Iake Hear take Coto Bear lake WWII C zeek Cob* Bear lake Seward Lagoon Cabo Bear lake Homer spit Coho Crooloed Creek Caribo 3 We Alto Crooked Creek Ingrmp Creek Cflho Crrooked Creek Mat/Su Valley Halo Crooked Creek Seldovia lake Cato Crooked Creek Fasilof River Chinook Crooked Creek Stamtit LWw 6 million (fry) 4 million (Pry) 250,000 (Pifgerlings) 65,000 Ings+ 130,000 (Pitlgerlingso 130000 150,000 (Pilings) 80,000 (fuWling8) 750,000 (fingerlings) 808000 (Pingerli:fgs) 100,000 (fingerlizI 100,000 (smite) t of Oomnemcial/Cook Irilet Ooamaraiai/Ooalc Inlet j • Fingerlings are transferred to the Mnwdorf Hatchery for continued rearing and released as molts. ** Fingerlings are transferred to the Crooked Creek (Fasilof) Hatchery for wntimmd rearing and released as molts. The Packers Lake sockeye salmon project was be" cooperation- with the rook -inlet Aquaculture --1U support enhancement of the Packers Lake system on" in Cook Inlet. rr , 7MW N � March 24, 1988 The Honorable C. E. swackhammer Trail Lakes Hatchery dorf Hatchery in imp Anchorage and the link Cro ked { projects at the Elmer Creek Hatchery near Scidotna. Because of physical limitations of the water supplies at these two hatcheries, Trail n at the es as imize product other an interim rearing facility to max facilities. The smolt production programs at E1 mend 9 Tra d Crooked Creek have been expanded and enhanced by Lakes fhese cfacilities suffetion and red relativelyof ahighsalmon losses of rcoho ` ousiy, t stage. salmon during the early fry Until just recently, the commercial fish program at Trail Lakes Hatchery has centered around the production Of1=o 98ye saamondtry for stocking into Hidden Lake near Soldatna. Lake program yielded an estimated commercial catch of 104 ex - sockeye, salmon for Cook Inlet commercial fishermen. 000 The vessel value of this catch was approximately $750,000-I` sport fishery enhancement projects supported by production from ul- the Trail LakesHatchery 10,500 have hatch try producedalso been very u coho f salmon r (46 1987, approximately percent of the catch)ikwer e,harvested y sainon 1 keeatoaking Resurrection Say. ortwnities projects in Kachemak Bay are yielding substantial opp for sport angler90 echo oidotna have catches in also nimproved in recent years athe yjjilof s ea system near 8 hatchery -produced result of hatchery releases. More than anglers in hatchery pfor echo salmon were harvested uaaeere I sful ealternativeto nthe8 late -run providing Kenai an important and Coho salmon enhancement projects River chinock salmon fishery.also } in Whittier i oppile ortunities eek (Summit forr Anchorage area provide nts- alternative angling At the present time there are three permanent Two of full-time staff staff stationed at the Trail Lakes Hatchery. There 1 members are fish culturists and one is a maintenance man. are also several permanent seasonal staff who are employed there (permanent seasonal time totals 25 man months in FY 88). Given the FY 69 budget proposal to contract hardf tot identify operations private sector, ees. These oppor- employment opportunities for these employ tunities could include employment by the contractor. ;• ive to I trust that this letter will help clear up confusion ntpiease ' y the Trail Lakes Hatchery. If you have any questions, contact Director Brian Allee at 465-4160.► Sincerely,;;; Don W. Collinswo rev -" Commissioner 1 . EnclOsure'!a�'1'.1:,1: ....,�..f NCa !4"•'.._. [a J r_ FY 89 FRED DIVISION TRAIL LMMS SPORT FISH BUDGET REQUEST s` ai�LQ �Q �Q Q Q ilf ML Egg Takes ' Chinook 2,842 -0- 16 50 -0- 2,908 Coho 9,546 -0- 63 150 -0- 9,759 Incubations - Chinook 711 -0- 1,092 -0- -0- 1,803 .- Coho 711 -o- -0- -0- -0- 711 Rearing: Chinook 2,842 -0- 3,276 11543 400- 7,661 1 Coho 2,842 -0- 3,276 5,315 400- 11,433 j Mark A Tags _ A-. Chinook -0- -0- -0- -0- -0- -0- Coho 11608 -0- -0- 925 -0- 28533 Releases , ` Chinook -O- 80 78 51 -0- 209 ` Coho -o- 80 105 102 -o- 287 Pathology: -0- 2,000 2,000 Subtotal $21,102 $160 $7,906 $10,136 -0- $39,304 <• Total Chinook $12,581 Total Coho • $24,723 GRAND TOTAL • $39, 304 • ii`er Ali- le ' •. •• ''f;.i:,'..l.;yr,r...,,Ji' {�,.ujl1% k f.'' Nr +! ',t d'••.s�;rat�.1 +'•f", 'd33 'i :)1��`i"tr; `.',f. tt .. ;{.'y , a Y•.. r : (.i"f ..r. s f. f Yf y G•. V . -- - L_7 D Alaska State Legislature Senator Paul Fischer '' PQ. Box V Senate District D Juneau, Alaska 901 Box 784 (907) 460791 - Soldotna, Alaska 9M9 , (907) 262.0420 W State Senate M.8269 H April 18, 1988 John williams ��GZ8ZLZ9 210 Fidalgo - -- Kenai, Alaska 99611 I Dear John, i Thank you for your Resolution 86-26 dated 4-6-88 addressing your support of the Municipal Assistance and Revenue Sharing Funding at the 1986 level. As the end of the Fifteenth Legislative communicate yourconcerns ethetis Legisiatureimportant that you I agree, and hope to be able to reduce or out those programs that are simply nice to have, and add that funding to the Municipal Assistance Program. There still seems to be a significant amount of resistance to cutting many non essential programs. I might enlist your hlpin making State thAlaska are determination of which programs ithe non -essential in your opinion. If I can be of any further assistance, please do not hesitate to contact me in Juneau. Cordially, 1 f-K2LH SIEVE C A DEPARTMENT OF FISH AND GAME P.O. eox 3.2000 JUNEAU. ALASKA 88802-2000 OFFICE OF THE COMMISSIONER PHONE: (807) 465.4100 April 19, 1988 The Honorable John J. Williams �`�i Mayor ���9SbEZti•�F'�w�'G City of Kenai 210 Fidalgo Avenue Kenai, AK 99833 Dear Mayor Williams: Thank you for providing me with a copy of Kenai Resolution No. 88-29 supporting the operation of the Trail Lakes Hatchery and its coho and Chinook salmon smolt -planting program. Your borough's support for this important hatchery has always been appreciated. You should have received my April 7 letter. If not, that letter was in response to Kenai Resolution Nos. 88-7 and 88-8 where I explained the importance of the sport fish program at Trail Lakes Hatchery, which includes the Resurrection Bay coho and Chinook salmon smolt -planting program. I would like to reiterate a statement I made in that letter: Because of the concern of various parties in the Seward and Cook Inlet areas that the sport fishery production continue [at Trail Lakes Hatchery], Dr. Brian J. Alles, MD Division Director, has been cooperating with the Legislature and Governor Cowper's staff to request $39,304 in the department's budget to fund sport fish production at Trail Lakes as an interim approach for the FY 89 budget year. In future years, the FRED Division will reprogram sport fish production from Trail Lakes to its other production hatcheries. In any case, the sport fishery program at Seward and the Kenai Peninsula will continue with no disruption. I hope my April 7 letter clarified the dedication of the Department of Fish and Game in ensuring continuation of the sport fish program at Trail Lakes Hatchery indefinitely. Thank you for your support-* it is -because -of communities such -as yours that make programs such as this beneficial to all involved. Sincerely, D N. Collinswort commissioner L lu, Clarence Ladd P.B. Box 1404 1 Kenai, Ak. 99611 ,;� April 24, L988 !� The Honorable Mayor John Williams Mayor of the City of Kenai Alaska Dear Mr. Mayor: - At the council meeting held at the City Hall on April 21P 1988 we understood you to say that the carpenter shop was to remain open until further study could be made. Never the less on Thursday morning April the 220 �7#988 the carpenter shop was closed and locked. This action was taken by Mrs. Pat Porter•, the director of the Kenai citizens center. Did Mrs Porter have the right to confiscate our personal property or did we misunderstand your mandate? ~ We would also like to dispute what was said about the safety of the carpenter shop inclosed please find a statement made 4;ftat%,01t6t0R $k2abc-T-1040. W.wearing the modern by Mr. Leonard lenses that are now bein& used in eye glasses one does not need to wear goggles. The modern lenses, to`:are goggles, are made to deflect missiles. Mr. 82ta has been do instructor of the woodworking shop for the Kenai Community College. - We would also like to draw your attention to the picture W$.the gentleman standing at the machine. At the time the picture was taken the machine was not in operation. This is a posed photograph. We have been in contact with O.S.H.Ae and were assured that if the carpenter shop were not safe in every way, neither the to it. seniors or the city employees would be permitted use We were also assured by O.S.H.A. that any organization accepting government grants, must comply by government rules. One such Y rule is that any one who is not impaired with a mental handicap must be permitted to work in a woodworking shop. if the shop is being accused by some of being unsafe, or if sontone is accused of being mentally handicaped; the accusers must put their -- ! aeeuations in writing and present them to a panel of experts who are empowered to have the accusers prove their aecuations. For proof of the above statements, you may contact O.S.H.A. -4isafety standards and ask to speak to either Mr. Tom Spencer or Mr. Stan Godson. These gentlemen may be contacted by phone by I-264-2 97. 4 calling Anchorage. Their telephone number is 'No also inquired about the ineurenee coverage of the Senior Center building. We were told that at the time the building was -- - -- - - - = accepted -by -the -safety inspectors -that .it - passed all safety -. standards, including the carpenter shop. At thet time an Insurance polioy-should have been issued covering all persons using the facility. L 1 2. We were also informed that any person, senior or otherwise couldact as supervisor in the carpenter shop, if he or she were a qualified woodworker, t the risk of being petty; Mrs. Porter contacted sorae of the signers of our petition and was informed that Mrs. Lee lied when she told them that the carpenter shop was going to be used for storage. The petitioners had only to go by what Mrs. Porter had told them. The ;Caot that Mrs, Porter changed her mind from storage to T V room, to smoking room, to the safety of the carpenter shop was known only after our petitions were circulated. Sint cc,,DDq- Z�e1y A:� 20larence Ladd a 4cl&w 4 px� Ll J WE April 24, 1988 April twenty first on the foyer of the senior citizen center at Kenai, Alaska; Mr. Ladd was accosted by Mrs. Betty Warren. At which time she called Mr. Ladd a foul name. At the same time Mrs. Sylvia Johnson stepped in and also called Mr. Ladd a foul name. Mrs. Johnson also used her purse in a threatening manner. Mr. Ladd needed to step aside in order to protect himself from bodily harm. Must Mr. Ladd be subject to this sort of treatment by those who think that they have the power to intimidate; just because Mr. Ladd is exercising his constitutional rights* r realize that when Mr. Ladd is speaking he is inclined to reiterate, and go into infinate details. This habit can become tiresome to those who need to listen. However, we cannot deny Mr. Ladds sincerity or what he wishes to accomplish for the benefit of all senior oitimens. Sincerely r` C I SrEVECOWPER, 00/ { LOCAL BOUNDARY COMMISSION l j W9EAST 38TMAVENUE. SUITE 404 IJ ANCHORAGE•ALASKA99M PHONE-. 007) 5014555 April 6, 1988 Mr, Gary Superman H5br+ Chairman aft' +� Committee for Borough Detachment Sox 8425 Nikiski, AK 99635 Dear Mr. Superman: This is to formally, advise you that the Local Boundary Commis- sion has considered the alternative procedures available to petition for the detachment of territory from the Kenai Penin- sula Borough. The Commission concluded that the local election ,process would be the most appropriate method to address the prospective petition. The Commission's decision was based principally upon the fol- lowing considerations: • Under either process -- legislative review or local elec- tion -- the standards which would be used by the Commission to judge the petition would be identical. 09 A greater commitment would be required to initiate a peti- tion under the local election process. Based upon recent data from the Division of Elections, initiation of a peti- tion using the local election method would require the sig- natures of .1,318 qualified voters. A petition under the legislative review process would require the signatures of only 527 qualified voters. " Perhaps most importantly, the local election method is the only means to ensure that detachment could not occur with- out support from a majority of the voters of the area pro- posed for detachment. The Commission recognizes that the prospective detachment pro- posal will be complex and controversial. Further, it acknowl- edges that the matter is of great importance to all the resi- dents of the borough. Indeed, precedents set through decisions reached in this matter could impactregionsin-other-areas of Alaska. For these reasons, the Commission will require com- Lr J ..r-s Gary Superman April 66 1988 Page Two plete analysis of the petition in a written report from the Department of Community and Regional Affairs. Further, the Commission will conduct at least two public hearings on the petition. At least one of these hearings will be held in the area proposed for detachment and at least one hearing will be held in the borough outside the area proposed for detachment. Additionally, you are aware that regulations governing detach- ment from a borough require that •the petitioners demonstrate to the satisfaction of the commission that the service require- ments of the territory will be met following the detachment' (19 AAC 10.240(a). The Department of Community and Regional Affairs has correctly advised you that the only conceivable way this requirement can be met is through the formation of a sep- arate borough whose boundaries encompass' all of the formerly detached territory. Finally, i wish to note that the duties of the Local Boundary Commission in matters such as this are delegated legislative functions. Because of the importance of this prospective issue and because the local election method does not provide the leg- islature with an opportunity to participate directly in pro- ceedings relating to this prospective detachment, we commit to keeping interested legislators fully informed on this matter. These include Senators and Representatives who serve areas within the Borough, as well as the Chairs of the House and Senate Community and Regional Affairs Committees. If you have any questions concerning this matter, please contact Dan Bockhorst at the Department of Community and Regional Affairs, 949 Bast 36th Avenue, Anchorage, Alaska 99508 (telephone: 561-8586). Sincerely, C.B. Bettisworth Chairman cc: The*Honorable Don Gilman - Mayor --- --------Kenai-Peninsula` Borough The -Honorable John J. Williams -----------.,�, Mayor City of Kenai C. i Gary Superman April 6, 1988 Page Three The Honorable Arliss Sturgulewski Chair Senate Committee on Community and Regional Affairs The Honorable Heinrich Springer Chair . House Committee on Community and Regional Affairs . Senator Paul Pischor _ Senator Jay Kerttula Senator Mike Szymanski Senator Johne Sinkiey Representative.Honorable Mike Navarre Representative C.E. Swackhammer Representative Bette Cato Representative Jim Zawacki Representative Kay Wallis k s t� I I Iv :a CITY OF KENAI „Od G'ajadal °j 4"„ 210 FINWO MAI, MMU 99911 Te"HoNlim-TUS MEMORANDUM TO: Mayor and Council Members City of Kenai FRMajCqythy J. Rogers, City Attorney C y of Kenai DATE: April 25, 1988 RE: Special Assessment Foreclosures In response to numerous questions from the Council regarding procedures and rights of redemption as to realty which is the subject of the special assessment foreclosure, I have prepared the following which should answer most asked and anticipated questions. Special assessments are liens second only to municipal tax liens, 4 AS 29.46.080, which are collected pursuant to AS 29.45.320-470. Y Initially, a petition for judgment and a certified copy of the b foreclosure list is filed with the Superior Court and must contain the information dictated by AS 29.45.330: a. List of interested parties in alphabetical order. b. Last known owner. C. Property description for assessment roll purposes. d. Years and amounts of delinquencies. e. Penalty and interest due. f. A statement that the list is available for public inspection at "the Clerk's office" (the statute does not specify whether it is the Court Clerk's office or the City Clerk's office). g. A statement that the list has been presented to Superior .Court with a. petition for judgment and decree. The next step is to publish this foreclosure list once a week -for four (4) consecutive weeks in a newspaper of local circulation. C Within ten days of the first publication, as set for in the above -paragraph, notice is sent by certified mail to the last known address of the owner. This notice is a copy of the foreclosure list which advises the owner that the foreclosure list and the petition for judgment have been filed in the Court. The notice also must describe the property and list the amount due. Thirty (30) days after the last publication of the foreclosure list, if there have been no sufficient objections, a motion is filed for judgment and a decree. This proposed judgment.shall provide a blank to be filled in by the Court showing the date that the judgment and decree of foreclosure is signed. Next there is a waiting period during which properties may be redeemed for one year and ten days from the date written by the Court --in the judgment decree and foreclosure list. Thus, this one year and ten day period marks the anniversary of the judgment and decree by the Court. A redemption period expiration notice is then published in the newspaper of local circulation pursuant to AS 49.45.220 which notice should contain: a. Date of redemption. b. Date of expiration of the redemption period which date will be thirty (30) days after the first publication of redemption period expiration notice. Co A warning that all properties sold under the judgment and decree, unless redeemed, shall be deeded to the municipality immediately upon expiration of the redemption period and that every right of interest that a person has in the property will be forever forfeited to the municipality. Within five (5) days of the first publication of the notice of expiration and redemption period, a copy of the notice published in the paper is mailed, certified return receipt, to each record owner and all holders of mortgages or other liens of record on the property. After the expiration of the redemption period (thirty days after the first publication of the notice of redemption period expiration), a request for a Clerk's Deed is filed with the Court. tipon receipt of the Clerk's Deed, it is recorded and a calendaring notice and internal calendaring notice is made that in two (2) years, these properties are to be sold. The two-year waiting period prior to sale insures that challenges to the sale by former record owners are completely barred. -a- ill HiM Two (2) years from the filing of the Clerk's Deed, an ordinance I is prepared declaring that the properties are needed for a public purpose. The properties' legal description should be not out in the ordinance. Further, the legal description should be published four (4) times in the paper of local circulation along ; qi with a notice of the ordinance hearing listing the properties by legal description with the former owner's name. The City Clerk then mails, within five (S) days of the first publication, a copy of the notice of publication of the or - to the former record owners as they appear on the assessment roil. -- --- Subsequent to the publication described above and enactment of the ordinance, the properties may be sold. However, the record - owner has the right to repurchase prior to the effective date of the.ordinance. All property acquired by a municipality pursuant to a special assessment foreclosure, should be sold for cash. No terms! 4I TJR/c1P a .ww •n �n �ll$'w � Y P±� iON ni: 't =�}--w • • n a � YI Ifl IN.1 1Lyy pp �(pp Y1 001 p MO •�Yml pp �O$�rd1 ' Si � •�{�y �(.y�pp��0 WO OO Ol GGN � • • • � N _ ' j J J . 1 • 22 Fi 1 / 1 } • 1�zy ` 1 1 p 'f� �LLM1 F 1 _ $ {° 1 #A 1 pp Ail O R\a \ a\ / 1 ►U.1 iC fL OyWL�� �O 6 ' R WAO �y}Q Lu � Opt i � �ja � hd�< � ►•� �gj •.. L►V � � i� Li Q � i 2Z 11 w r • • • . AL "Is 2 v - 1: Ulu K-1 . 09 •;j•N4 j uj 51 tu M H--.0 {� Suggested By: City Council CITY OF RNNAI ORDINANCES 1257-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, SECTION 1.55.030(e), BY INCREASING THE AMOUNT OF TIME AN ACTING CITY ATTORNEY MUST SERVE PRIOR TO BEING ENTITLED TO THE MINIMUM SALARY RATE FOR CITY ATTORNEY AS PROVIDED BY KMC 23.50.010. WHEREAS, a Deputy City Attorney will be paid at a higher rate of pay than a Legal Assistant; and, WHEREAS, it is the desire of the Council that the Deputy City Attorney not be paid additional monies while serving as Acting City Attorney for brief periods of time; and, WHEREAS, the class title and pay range for a Deputy City Attorney is appropriate and sufficient to require a Deputy City Attorney to serve as Acting City Attorney for brief periods without additional compensation; and, WHEREAS, the addition of a class title and pay range for a Deputy - City Attorney can be created at little or no cost to the City by requiring him to serve as Acting City Attorney for brief periods of time without additional compensation. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 1.55.030(e) is amended as follows: 1.55.030 Acting City Attorney: (a) In the event the City Attorney is not available to perform the duties of the office for five (5) or more days because of illness, incapacity, annual leave, official leave for City business, or any other reason, the City Attorney may appoint an Acting City Attorney to perform the duties of the City Attorney during such absence, incapacity, or unavailability. (b) in the event of a vacancy in the office of City Attorney, the City Manager may appoint an Acting City Attorney, which appointment shall be subject to confirmation by a City Council vote in the manner provided for ordinances. (c) Any person appointed Acting City Attorney under these provisions shall be a member in good standing of the Alaska Bar Association and duly licensed to practice law in Alaska. �.f L -1- L s (d) The appointment of an Acting City Attorney shall be made in writing and copies of the appointment shall be distributed to all Councilmembers, Department Heads, and Commission Chairpersons, and a copy thereof shall be placed in the personnel file of the employee so appointed. (a) When any period of service as ct pS City Attorney (BY AN ACTING ATTORNEY) shall be five (5) working days or more in length(,j by a Legal Assistant. the person so serving shall be paid at the (MINIMUM SALARY RATE FOR CITY ATTORNEY) highest step i thny_ ,,, a Legal Assistant oay range as provided in RMC 23.50.010 during such period or in the case of a vacancy of the City Attorney position at a rate set by the City Council. Two additional comaepsation_shall be Raid to a Deputy City Attorney xa rry nQ gs Actin City Attorney. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Whelan, City Clerk-` First Reading: May 4, 1986 Second Reading: May 18, 1988 Effective Date: July 1, 1988 Approved by Finance: egg (4/28/86) s i Suggested By: Administration CITY OF KENAI i ORDINANCE 1258-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE, CHAPTER 23.50.010(a), ENTITLED EMPLOYEE CLASSIFICATION, BY THE ADDITION OF A CLASS TITLE AND PAY RANGE FOR A DEPUTY CITY ATTORNEY - WHEREAS, there has been a lack of durational stability for employees serving as Legal Assistant in the Legal Department; and, WHEREAS, the City Attorney has recommended that a Deputy City Attorney position be created at a Pay Range of 16; and, WHEREAS, it is intended that only one of the two support positions be filled, depending upon the qualifications of the employee; and, WHEREAS, pursuant to the proposed change to KMC 1.55.030, a Deputy City Attorney will not be entitled to additional compensation during the absence of the City Attorney; and, WHEREAS, by not paying a Deputy City Attorney additional compensation during the absence of the City Attorney, the addition of a Deputy City Attorney position can be created at little or no cost to the City. i NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.50.010(a) is amended as follows: 23.50.010 Employee Classification: City employees shall be classified by Class, Title, and Pay Range as follows: CLASS CODE CLASS TITLE RANGE (a) JUPERVISORY AND PROFESSIONAL 101 City Manager NG ` 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 -1- L L O J i 105 Public Works Director* 24 106 Police Chief* 22 107 Fire Chief* 22 108 Senior Accountant 19 109 City Engineer 19 110 Code Enforcement Officer 17 f III Airport Manager* 17 1 112 Land Manager 17 i L13 Deputy City Attorney 11[314 Dock Manager --1A 13 (b) ADHXNrSTRATIVE SUPPORT 201 Department Assistant I 3 202 Department Assistant 11 7 203 Administrative Assistant I 8 204 Accounting Technician 1 10 205 Accounting Technician II 11 206 Accountant 16 207 Legal Secretary I 9 208 Legal Secretary II 11 209 Legal Assistant 15 210 Administrative Assistant II 9 211 Administrative Assistant III 12 212 Department Aide 1 PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1987. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 4, 1988 Second Reading: May 18, 1988 Effective Date: July 1, 1988 Approved by Finance: C 2 T (4/28/88) -2- - --- ---- - , ­ - -. --, - 7' n L T 1 CITY OF KENAI SALARY STRUCTURE*BY GRADE (KMC 23.55.020) RANGE A 8 C D E F AA 8B CC 1 119690 11,982 129274 12,566 12,858 139150 13,442 13,734 149026 2 13,811 14,156 1.49501 149846 159191 159536 15,881 169226 169571 3 199342 19,826 20,310 209794 21,278 219762 22,246 229730 239214 4 209310 209818 219326 219834 22,342 22,850 23,358 23,866 24,374 3 21,326 219859 22,392 229925 239458 23,991 24,524 25,057 259590 6 22,393 229953 23,513 249073 249633 25,193 259753 269313 269873 7 23,518 249106 24,694 25,282 25,870 269458 27,046 27,634 289222 .6 249702 259320 255,938 26,556 279174 27,792 28,410 299028 29,646 9 259927 269575 27,223 279871 28,519 299167 299815 30,463 31,111 .10 27,218 279898 28,578 299258 299933 30,618 319298 319978 32,658 11 28,576 29,290 309004 30,718 31,432 329146 32,860 33,574 349288 12 309017 30,767 319517 32,267 339017 339767 349517 35,267 369017 13 31,498 32,285 33,072 33,859 34,646 35,433 36,220 37,007 379794 14 339093 339920 349747 359574 369401 379228 389055 389882 399709 5 34,749 35,618 36,487 37,356 38,225 39,094 39,963 40,832 419701 36,469 37,381 3P9293 39,205 40,117 41,029 419941 429853 439765 7 389299 399256 40,213 419170 429127 439084 449041 44,998 459955 16 409213 419218 429233 439228 449233 45,238 469243 47,248 48,253 19 429214 43,269 44,324 459•379 469434 479489 48,544 499599 509654 20 4493345 459454 469563 47,672 48,781 499890 509999 52,108 33,217 21 469564 479728 48,892 50,056 519220 52,384 53,548 54,712 .55,876 22 48,863 509085 519307 52,529 539751 549973 56,195 579417 53 639 23 519314 52,597 539880 559163 56,446 57,729 59,012 609295 619578 ` 24 539950 559299 $6,648 579997 599346 609695 62,044 63,393 649742 23-35 (City of Kenai 3upp. #45 - 7/10/87) r) • 3 Suggested by: Administration City of Kenai ORDINANCE MD. 1259-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $1,700 IN THE GENERAL FUND FOR LIBRARY BOOKS. WHEREAS, the City has received approximately $1,450 as library donations and for lost and damaged books that has not been appropriated; and WHEREAS, the City expects to receive an additional $250 in this category through June 30, 1988; and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: General Fund Increase Estimated Revenues: Library Donations $1,700 Increase Appropriations: Library - Books $1,700 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of May, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 4, 1988 Second Reading: May 18, 1988 Effective Date: May 18; 1988 Approved by Finance: a 9d �(4/26/88) jal L.. ■ Homer 37100trio grrooiw,tios CENTRAL PENINSULA SERVICE CENTER 1 200 AIRPORT WAV • POUCM Mo • KSHAI. ALAOKA 00011 • MOTO 2014801 Ir - 1, V April 27r 1988 p Mr. Keith Kornelis - -- > City of Kenai '--l.i . ,P� Aw t 210 Pidalgo - - --. Kenai, AK 99811 _ Dear Keith: Thank you for your letter of January 14, 1988, asking HEA to consider taking over the City of Kenai street lights. I am sorry it has taken so long to answer your letter, but this is a very sensitive issue with HEA and there are many hurdles to overcome• ` ' As we discussed in the meeting this morning, I will be t recommending to management that HEA take a positive look at acquiring the City street lights. The following are some I guidelines that we will be following in this evaluation. i 1 • Consider a five-year lease from the City on street lights at $1.00 per year. This would I allow H,9A and the City adequate time to see if a rate and maintenance arrangement could be advantageous to both. 2• Design a rate for energy only. (Plat rate basis not requiring metering.) 3• All new lights (capital costs) to be borne by City of Kenai. „ f 4• Remove existing street light meters. 5. Standardize all new and replacement fixtures and , poles into 'two or three categories, i.e., residential I p I I or subdivision lights, intersection lights and main ` street artery lights. 8. All repairs and maintenance work will be performed --- - -- on a time and materials basis and charged to the -City. - - - -- - and-considerablQ time Keith, these are just general guidelines -. must be spent in working out details of any lease and ultimate purchase agreement. 1 r 3 j! i L,. rr Larry Slate will be assigned to work with the City on this project, and I will participate whenever needed. If the above ^, guidelines are acceptable, we will proceed with a more in depth study, rate design and negotiations. Please let me know your answer as soon as possible. Sincerely, eo%o - Ron Rainey �� Central Peninsul�-'Distrlet Manager CITYKENAI.RR:ss i CITY OF KENAI ._�...� 110d eapdW 4 4" 0 0 21e FID"O KENAI, AUMKA 9mi TELEPHONE Z13• MS January 14, 1986 Ron Rainey Homer Electric Association 280 Airport Way, Pouch 5280 Kenai, AR 99611 Subject: Street Lights Dear Mr. Rainey: The Mayor and the Council of the City of Kenai have requested that I contact Homer Electric Association to see if they may be interested in taking over the responsibility of the street lights within the City of Kenai. As you know, the City of Kenai owns many street lights which may be valued at over $500,000. A transfer of the street lights to HEA may be desirable to HEA for the following reasons: 1. HEA would increase their capital assets by probably more than $500,000. a. With the additional maintenance and operation costs of the street lights HEA would be in a legitimate position to ask for a rate increase from APUC to cover the additional costs* 3. Street light repair work would make excellent "fill-in work" for off-season and/or off-peak times for electrical employees. Below is a chart and graph showing what the City of Kenai has spent from 1980 to 1986 on street lighting. These cost figures are for total street lighting costs and include capital, repair and maintenance, and power consumption costs. Since the City of Kenai does not have the proper personnel, tools, and equipment to repair, maintain, or install street lighting, all of our work is contracted out. HEA with its expertise, men, and equipment could obviously -maintain the street lights at a lower cost. -1 I Please contact me if any more information is needed or if I can be of any assistance. The City Mayor, City Manager, and I would be happy to meet with you and the HEA Board of Directors if that would be helpful. I look forward to your reply: Sincerely, ., Keith Kornelis Public Works Director - - - STREET LIGHTING BUDGETIgoe—loss so ._r._. .. ? 50 40 _ ao 29 20 i logo 1981 1982 1083 1984 1989 toss It VIN seltse r1a�lxo June 10. 1980 loll Oea lop 9e14 less loss ��.�...u......uu..u.uu.uu.ruu...u..uup.u....uw�....n.u..o.o.o...u000u.n..w....uu. ?etas street "Obtleo $24.004.00 $27.137.00 $39.167.00 $42,801.00 $57.676.00 808.170.00 $51,513.00 I :.__.. - .. -a - r� i -- - RK/kh - — - - - -- -- - --- ----- DEPT\PWDIR\HEA.LTR I fi i IVY r" H- 7 CITY OF KENAI %Od (?apdal 4 4"" EW MDAUM =01, Awn 91N1 TBLEPNON82U- l 5/1/88 F A HARBOR R&F„Sg,HP.MF The City Manager, subject to the approval by the Council, shall establish the fees, rates, and charges for the billing and collections for the support of the harbor. The City Manager reserves the right to change the rate schedule at any time. RATE SCIEDU A SUNMRY 1) Product wharfage (Non -lessee). . . . . . . $ 0.062/lb. 41I Non -product wharfage (Non -lessee) 1 Ice, nets, staples, etc.) . . . . . . . . 0.025/lb. 2) Fuel - gasoline . . . . . . . . . . . . . . 1.09/Gal. - diesel . . . . . . . . . . . . . . . 0.99/Gal. 3) Repair grid . . . . . . . . . . . . . . . . 45.00/Tide 4) Septic tank dumping A) 0-50 gal = . . . . 5.00 B) 51-100 gal= . . . . 10.00 C) 100 + 0.10/gal. ` 5) Waste Oil Dumping . . . . . . . . . . . . . 0.85/gal. 6) Boat Launch Ramp . . . . . . • • • • . • . 0 FOR 1988 ` 7) Skiff Moorage . . . . . . . . . . . . . . . 1.00/day 8) Shower (until meters installed) . . . . . . 3.00/ea. 9) Equipment rental - Hot Pressure flasher . . . 40.00/hr. 10) Equipment rental - Battery Charger/Starter 12.00/hr. 11) City Labor Charges . . . . . . . . . . . . . 30.00/hr. 12) Other itams . . . . . . . . . . . . . . . As Posted 6 t r-- N_g? CITY OF KENAI %Od Cap" aj 4"" �tOFlDAIGQ KEMI►I,A�A9KA � ��azta•�ate April 29, 1988 MEMORANDUM TO: Kenai City Council c- W FROM: Dana Gerstlauer, Administrative Assistant �i RE: Application for Lease of Tidelands Northland Services, Inc. An application to lease tidelands has been received from Northland Services, Inc., and in accordance with KMC 11.20.080, has been brought before the Kenai Planning and Zoning Commission and Harbor Commission for public hearing. The application is now brought before Council for final approval. At their meeting of April 27, 1988, the Kenai Planning and Zoning Commission found that the lease application met the requirements of the Kenai Zoning Code. The application will be heard before the Harbor Commission on May 2, 1988. I will inform you of the findings of that Commission at the May 4, 1988 Council meeting. Attached to this memorandum is a copy of the lease application and project description with accompanying drawings and location maps. A representative of Northland Services will be available at the Council meeting to answer - any questions you may have. /dg Attachments i r CITY OF KENAI x 910 f10u►1�00 — KENAI. ALAf KA 90LI1 • A FOR C3= USU ONLY Date fteeiva 4k r$ M-ani I . t TIDELANDS LEASE APPLICATION EKMC 11.20.050 (a)] Name of Applicant NORTHLAND SERVICES, INC. Address 790 Ocean Dock Road, Anchorage, Alaska 99501 MAILING Business Name and Address NORTHLAND SERVICES, INC. 6oi S. Myrtle Street. P.O. Box 24527, Seattle, Washington 98124' • y `' Telephone Number 206 .S ? 763-3000 Property Description i miles east of the mouth of the Kenai River, section 4, T.5N., R.11W., Seward Meridian, USGS Quadmap, Kenai C- , Kenal, Alaska Tidelands Plat Number Cook Inlet #345 Desired Length of Lease 2 wears Property to be used for Barge offboading and loading facility Time Schedule for Proposed Development: Beginning Date: i 1988 Proposed Completion Date: MOctober 1, 1968 Estimated Value of Construction: $ $100,000.00 Checklist of attachments: Development plan and drawings X Financial plan of business Performance bond (5% of estimated proje t cost) Non-refundable filing fee of $100 Applicarl,t Signature: Date: zy. 1 wrM 0 r ATTACHMENT A PROJECT DESCRIPTION (Revised March 1988) The proposed barge offloading facility planned by Northland Services, Inc. consists of a float, ramp and road. The facility is located in Section 4, T.5N., R.11W-9 S.M., approximately 1.5 miles east of the mouth of the Kenai River. Northland Servicest Inc. has been operating barge services in Kenai and other parts of Alaska for over 20 years. The 150' x 6' wide x 2'-deep float will be constructed in sections. The center portion will be 30' Long and constructed of 1/2" fabricated steel. The two end portions (each 60' long) will be constructed of 1/4" fabricated steel. Two deadman will be required to stabilize the steel. The deadman will be 1' x 2' rectangular piles constructed of 1/2" steel. The piles will be driven into the mud and attached to the float with 110' of 1" wire. A steel plate will be placed over the top of the piles. Cross braces and 1" wire will also be used to stabilize the float. The 1751(t) x 30"-deep ramp will be constructed to allow access to the float. The romp will be 14' wide except at the toe where it will widen to 20' and at the float end where it will widen to 221. The ramp will be constructed of fabricated steel and weight approximately 100 tone. Two deadman will be driven on each and of the toe of the ramp. The deadman will be constructed exactly like the two -attached to the float. Two deadman (exactly like the other four) will be driven to stabilize the barge. Approxiaately 160, of 3/4" wire will be connected from the deadman to the barge. Ln r Attacment A Page 2 An existing 400' long gravel path will be widened to a maximum of 50' to accommodate a 24' driving surface. The road includes a 50 cubic yard (cy) after -the -fact fill and two 24" concrete culverts in a small draw with tidal influence. They will be replaced by approximately 600 cy of gravel and a 60' long x 4' diameter steel culvert. This intermittent drainage has a mean annual flow of considerably less than 1 ofs. An additional 800 cy of fill will be used to construct the remainder of the 400' long access road. The 1,400 cy of gravel will come from a stockpile on the north aide of the road. The wetland area on the south side of the road will not be impacted. The romp and float will be utilzied only during ice free periods. It is projected that one barge will be moored each week for one tidal stage. The barge will arrive at high water and depart, at the latest, on the next high tide. The barge may ground during extreme low water stages. However, all attempts will be made to utilize the highest tidal stages. Fishing boats and other vessels may also use the facility. The facility will be placed as soon as possible after ice breakup and be removed just prior to ice buildup in the area. Approximately one day will be needed to place and remove the facility. i i i I r- 1 ' 1 I I 1 ,i 1 i 60 .. ' '•K •• . • �, -... � e M•�r+n9si,r. � �,. bfBQ P.88 L06 ItlN�I �0 Ait� � � B0� �Idd t Mratoir cop.m ..�.�,. ,n„ d! Li rng�r�4 i w*x , ■ dlP !* 1_ ob.,, `Y '�aT • 1 ' Ir1441 APPROXIMATE LIMIT OF WETLANDS MHW °PpDID R°,ro ' NTL ~' TN! FrACT O AMD MTL ��p�elaD Pu.N O SOURCE FOR FILL MATERIAL °O�Qr o° O 2-8T0710 COOK INLET 345 PURPOSE, Sorge Off-loading 0 � I �O 2 �� SITE PLAN PROPOSED FILL ,FLOAT, and CULVERT Facility SCALE I =20d JIM,-KIENAI DATUM, MLLW JAMES J. HAAGEN RIVER ADJACENT PROPERTY OWNERS: NORTHLAND SERVICES, INC. AT, KENAI, ALASKA I North Pacific Processors, Inc. 601 S. MYRTLE STREET BV: NORTHLAND SERVICES, IN& a Solonatof Seafoods P.O. BOX 24527 SEATTLE, WA. 80134 SHUT I OR 4 DATat s/e7 E.:IA REV.: ales f"', r> „i ' r x. i� i. �: FIN NOT g' 1. THE RAMP IS TO 8E ANCHORED ON SHORE. 2 NO WORK WILL 8E DONE IN WETLANDS. K EN A 3 THE PROPOSED ROAD WILL INCORPORATE R� DER APPROX. 1400 C.Y. OF GRAVEL, OF WHICH 600 C.Y. WILL 8E PLACED IN THE SMALL DRAW. 4THE FACILITY WILL BE UTILIZED DURING 160 L.F. 3/4" WIRE ICE- FREE PERIODS. •�0 VESSEL-TYP. of110 L.F 1 WIRE 1Q0,x (YYP.) 8F OAT MLLW MHW MHW �� J ITL - ! I 'x 2' DEADMAN HTL STEEL PILING R040 WjpTh v q oqk, KENAI j ®® PROPOSED 48" DIA. x 60 CULVERT PROPOSED ��. 1 INTERTIDAL ,,,,,•• ' • •�, • • HTL FILL ...... .. , I Mud %% Project Location 15 ^°off Ivof 2-870710 uar COOK INLET 345 - - - - VICINITY MAP USGs KENA1 C-4 PURPOSE, Safes Off-loading PROPOSED FILL, FLOAT, _AT and Facility CULVERT DATUM, MLLW JAMES J. HAAGEN IN- KENAI RIVER ADJACENT PROPERTY OWNERS, NORTHLAND SERVICES, INC. AT' KENAI, ALASKA QNorfh Pacific Proceettore, Inc.60l S. MYRTLE STREET 9Y NORTHLAND SERVICES, INC. 2 Salamatof Seafoods P.O. BOX 24527 SEATTLE, WA. 98134 SHEET 2 OF 4 DATES 9/87 REV.: I /a • ` PROPOSED ACTIVITIES 24MIN. 2-1 r VARIAIlIt ad MAX`ORIGINAL GROUND ® ROAD CROSS SECTION (TYP.) SCALE 1*2 20' 70� .r. ORIGINAL %� / (�48" CMPP� r....� GROUND T. -.�;,•,:; 0 SECTION THROUGH CULVERT SCALE I = 20 ti NSd x d FLOAT EXISTING GROUND 175, L tT L 25 2� 30" of MHW 19.Ir— ��� 1 WIRE R ` Y T. STEEL DEADMAN APPROX. EXISTING BOTTOM CCU SECTION THROUGH FLOAT 2-870710 SCALE 1 a'JO COOK INLET 345 - . FLOAT, and PROPOSED -FILL, - - PURPOSE s earls Off • loading CULVERT Facility - - INS' KENAt MYER -- -- - - � �j pATUMs MLLW JAMES J. MAAGEN AT, KENAI, ALASKA NOFMLAND SERVICES, IN ADJACENT PROPERTr OWNERS' Got S.MYRTLE STREET C. rn NOR"LANO 9"ICE891"L ,.. 10 North Pacific P10eHtOH, Inc. T P.O. OUR 24IlM 132s Solomotof Soofooa SEATTLE, WA. 99134 LET 3 OR 4 0^aw. • =fee T 1 .. 4XISTINO CONDITIONS———' " VARI S . ORIGINAL GROUND - EXISTING ROAD CROSS SECTION SCALE: $' = 20! • a ORIGINAL GROUND t24"CONCRETE PIPES - - (TO 9E REMOVED) z ® SECTION THROUGH EXISTING CULVERTS SCALE: 1"=2d - --- -- ..— COOK INLET 345 j - --- - -' - - PURPOSE - Barge Off • loading PROPOSED FILL, FLOAT-, and - -- - - - - — ---'- -- Facility CULVERT DATUM, MLLW JAMES J. HAAGEN INS • KENAI RIVER j ADJACENT PROPERTY OWNERS: NORTHLAND SERVICES, INC. ATE KENAI, ALABKA 1 North Pacific Processor Inc. , 60$ S. MYRTLE STREET §Y1 NORTHLAND SERVICES, INC. - - j - 2 Solomotof Seafoods P.O. BOX 24927 SEATTLE, WA. 913134 SHEET 4 OR 4 CATte 3/" t c •- r - -- //- P 0. Suggested by: Administration CITY OF KENAI ..o RESOLUTION NO. 88-37 - - - BE IT RESOLVED BY THE COUNCIL OF THE .CITY OF RENAL ALkSRA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1987-88 GENERAL FUND BUDGET: `U From: Other - Contingency $2,700 -= To: Lands - Professional Services $2,700 This transfer provides funds for a survey of a portion of tidelands in the Kenai River. -- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 4th day of May, 1988. s •.; JOHN J. WILLIAMS, MAYOR PURCHASE ORDER H 8-*b CITYOFKENAI HIS PURCHASE ORDER HITE - VENDOR NUMBER MUST APPEAR ON 210 FIDALGO ST. PHONE 283-7636 ALL PACKAGES AND PAPERS 4 RELATING CHASE. FU 3LDENROD -ACCOUNTING RELATING TO THIS MR. kNARY - ACCOUNTING KENAI, ALASKA 99611 CHASE. BLUE - SHIPPING & RECEIVING No. BLUE t REEN - APPROVED COPY PINK - REQUISITIONER Dwe 5-4-88 VENDOR NO. Y TO McLane and Associates SHIP VIAt By too PREPAY SHIPPING - CHARGE rNQUOIA110N PURCHASISAUTHORIZEDONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEM NO. DESCRIPTION OR ARTICLEUNIT UNIT PRICE AMOUNT Survey of tidelands (lease application from Northland Services) NOT To EXCEED 2,700.00 L4 7 001.16.4531 2,700 DO 16.453 I 1 .1 TOTAL 12.700.00 DEPARTMENT— LANDS BY 14 ZE� 7 001.16.4531 2,700 DO 16.453 I 1 .1 TOTAL 12.700.00 DEPARTMENT— LANDS BY 14 ZE� FA JUNEAU TRIP REPORT ALRSKh CONFERENCE OF MAYORS April 21 22, 1988 TO; City Manager City Council Economic Development Commission 1. Alaska Conference of Mayors began meeting with 26 Mayors from across the State including; Anchorage, Fairbanks, Juneau, and four from the Kenai Peninsula. After much discussion, a plan was formulated to request 1986 level funding of Municipal Assistance and Revenue sharing with $50,000.00 as the base for all unincorporated villages. 2. Two separate caucuses were held with Railbelt Mayors. Included in meetings were; City Manager Garzini, Kenai Borough Representative Marla Huss, our lobbyist Ashley Reed, and lobbyists representing Anchorage and Fairbanks. A plan was hammered out that included using $58 million (25%) of the Railbelt Energy Fund to fund a special.appropriation that included $150,000.00 floor for 19 railhelt communities and a per capita of $134.00 per person (Anchorage $33 million, Kenai $1 million). All agreed except Mayor Fink who wanted more. Arrangements were made to meet with Joint Session of Senate and House Finance Committees at 8 A.M. Friday morning. A second meeting was arranged with a Joint Session of the Railbelt Mayors and all Railbelt Legislators at I P.M. Friday - both were hold. I testified at each as to plan and need. Mayor Gilman and Mayor Fink also testified at the morning session. Mayor Gilman, City Manager Garzini, and I testified at the 1 P.M. session. Needless to say, there was much debate pro and con. All I can say for sure at this point is something will happen as a result. I am sure we will get some additional funding. How much is anyone's guess. 3. Visited with Mr. Steve Cole who is the man in charge of the homeporting program for Governor's Office of Policy. Advised him of our interest, and earned an advocate for Kenai. 4. Was introduced to Rosita Worl, Special Assistant to the Governor and Governor's Assistant to the "Mini Cabinet" dealing with the homeporting, P-3 Orion project and Air Rescue groups. A very t"o) interesting meeting. She advised me of Governor's comments stating that "if at all possible, Kenai was to get P-31s and Air Rescue". These comments went to the entire Commission. I Advised - - .. . f -- --.- - - V11 her of the plan to establish a task force made up of retired military personnel. Very well received by her. She will introduce all to "Mini Cabinet" at my request. S. Visited Governors office and had the Governor's Proclamation prepared and signed in support of Youth Week and Student Government Day, May 4th. (Did not bother the Governor with Air Guard this time.) 6. Visited with Lt. Governor and discussed matters of mutual interest (golf, fishing, Kenai, and bicentennial). A great person (political comment). He would make a great governor. 7. Visited with our Legislative Delegation except Fischer who was in Kenai. Also visited with several other legislators including Rep. Ramona Barnes on Municipal Assistance. Was introduced for the first time to Rep. Virginia Collins who was just appointed as legislative representative to our S.J.T.C.C. Board. She will be working with me on "Youth Risk Problems." S. Wrapped up the trip with overview meeting with Mayor Gilman and Senator Kerttula. 9. At the airport i had the good fortune to meet a high ranking Russian official (can't recall the name) who was being escorted by our Department of Commerce people. We talked about (what else) Kenai, bicentennial, and Russiau American (Alaskan) relations. He is here, in part, to discuss the upcoming trip to Provedinia. 10. Finally, in regards to the Fire Training School - it looks real positive from all sources. Will be funded at the $600,000.00 level if it survives the final budgets. if by chance it doesn't, i had a long discussion with U of A President O'Dowd and chancellor O'Rourke and we developed an alternate plan in the event one is needed. 11. Others visiting Juneau this week: a. U of A Board of Regents including Bob Williams b. Mental Health officials including Marge Hayes C. School Administrators including Dr. Dennis Daggett d. A.P.E.A. delegates And several others from the Kenai Peninsula. Jaw/jai - - - - - - ----..---- - ALASXA CONFERENCE OF MAYORS 1 APRIL 21 1988 AT THE 4-21-68 JUNEAU MEETING OF THE ALASKA CONFERENCE OF MAYORS, THE r CONFERENCE PASSED BY A VOTE OF 22 TO 2 AS ITS HIGHEST PRIORITY A r� MOTION REQUESTING THE LEGISLATURE AND THE GOVERNOR TO FUND THE FY 189 MUNICIPAL ASSISTANCE AND REVENUE SHARING ENTITLEMENT PROGRAM AT THE FY 186 LEVEL. THE REQUESTED LEVEL FOR MUNICIPAL ASSISTANCE IS $81.3 MILLION AND THE - - oREQUESTED LEVEL OF REVENUE SHARING IS $59.6 MILLION. l — IN ADDITION THE ALASXA*CONFERENCE -OF MAYORS REQUESTS THE MINIMUM ENTITLEMENT LEVEL FOR ALL COMMUNITIES BE SET AT $50,000.00 Try:: l , THE CONFERENCE OF MAYORS ALSO STRONGLY SUPPORTS THE PASSAGE OF CSHB 439 (FINANCE) "AN ACT RELATING TO ENTITLEMENTS FOR MUNICIPALITIES AND UNINCORPORATED COMMUNITIES". i 1 RLING JOSEND PRESIDENT WILLIE GOODWIN; VICE PRESIDENT OHN J j ILLIAMS, SECRETARY TREASURER 1. V —0., 0 V ue_.k N)=o- i �r.Ha The Recession, The Real Estate Crash and Alaska's Economic Prospects ch 1988 n of Policy the Governor The Recession, The Real Estate Crash and Alaska's Economic Prospects C By Gregg Erickson arch 1988 ,ion of Policy j )f the Governor j Juneau, Alaska 99811---.-----.------ i E i PREFACE The economic distress which enveloped Alaska in 1985 appears to be i waning, but it has left many questions of these question t ate o the state government in particular. y significance of real estate Imes aeo ale of go vlmmenn e c hCOM role of financial institutions, an p p mitigating the pain of the recession or in speeding the recovery. the The a analysis provided here addresseseof experience e issues w with Alaska issues. professorial economistyears Mary alloran Director Division of Policy Office of the Governor 179 INTRODUCTION Many Alaskans have been surprised by the sevezity of the current recession, and the speed with which it engulfed the state's economy. The collapse of the real estate market has been a shock, particularly in Anchorage. As long as anyone there can remember, investment in Anchorage real estate has been about as sure a thing as one could hope to find in this uncertain world. Granted, there have been ups and downs, but Anchorage real estate always held its value *hen the economy was doing poorly. When the economy was expanding -- during the Korean War, again after statehood, after the $900 million North Slope lease sale in 1969, during the pipeline boom, and in the biggest boom of all in the early 1980s -- an investor could achieve extraordinary returns. In the intervals when the economy was stagnant, a real estate investor in Anchorage felt protected. "You never sold a piece of property for less than you paid for it," recalls John Rader, Anchorage lawyer and successful real estate investor whose experience in Anchorage dates to the early 1950s. "It was almost a religious statement." The benefits of real estate appreciation weren't just restricted to the very rich. Anyone wealthy enough to buy a home was able to play the game. The more a family borrowed to buy a home and the less of their own cash they used in the purchase, the faster their home equity would compound. Over the years, ordinary folks and major investors alike came to believe that some rules of investing were better ignored. In Alaska, it always paid to be highly leveraged. In Alaska, the more an Individual borrowed, the more an individual stood to make. And in Anchorage, one would never need to sell a piece of real estate for less than one paid for it. No single event swept away this folklore, but it vanished nonetheless. In January 1986 Anchorage taxable real estate had an assessed value of $13.9 billion, up 38 percent from two years earlier. In January 1989 municipal assessors estimated it at $8.3 billion, down 41 percent in two years. Because a half billion in new construction was added to the tax rolls over the '86•'88 period, the average property in Anchorage took an even bigger beating. This kind of collapse would spell trauma in any community, but because of Anchorage's demographics, growth pattern, and -the policies of an activist state government, the distress has touched an especially large number of households. Anchorage's population is relatively 1 L Fa i ; V 1 � young, and the town has been growing fast. In any other state most of the young families that dominate Anchorage's demographics would still be i renting; a crash in real estate values would then be to their advantage since it would mean falling rents. In Alaska, though, the state has actively encouraged home ownership by providing mortgage credit at subsidized rates. The booming market made k look foolish not to articipate and in Anchorage about 29,000 households now owe about p $2.5 billion on subsidized residential mortgages. According to Anchorage real estate broker Brooke Marston, these subsidized mortgages are now virtually all "underwater", i.e., the principal owed on the mortgage exceeds the market value of the home. The average family's equity in its home is one of its major repositories of savings. In Alaska, for most urban households, the value of that asset has been erased or become a net liability. 7be probability is that many now have negative net worth. The purpose of this analysis is to examine these painful events in the broader context of Alaska's overall economic performance, addressing five questions: What caused the recession? When will it end? What sort of recovery can we expect? How will the real estate crash affect the recovery? And what are the economic policy options for state government? THE INEVITABLE RECESSION Alaska's recession had its roots in the extraordinary boom that began in early 1980s. When the state governmentspending between 980 81, a er capita recession became virtually When the state government inevitable. Using the rate of job doubled its real per capita creation and job loss (shown in spending between 1980-1981, Figure 1) as his yardstick, Scott a recession became virtually Goldsmith, economics professor at inevitable. the University of Alaska's Institute of Social and Economic Research (ISER), measures the peak of the boom in early 1981, when jobs were being -added at a phenomenal 12 percent annual rate. The ,rate tapered - 1 Economists who keep track Me business cycle on a national basis generally define a recession as two consmutive qurtera of falling gross national product. Bet mw figures for gross regional product at more- - difficult to omi �og� thro � iss much mom to die evalts luuation of eco2by use noing ernployntent asmie performance than istheir d bmeasy eithh GNP or employment. 2 off slowly after that, but since growth was still occurring the economy continued to get bigger. The economy stopped growing in September 1985, which is the date ISER's Goldsmith identifies as the beginning of the recession. 'The first phase of the recession was exceptionally sharp, but it was also short: the economy hit bottom in April 1986, just 6 months after the recession started. At that point jobs were being lost at an 8.5 percent annual rate. Thereafter things improved, with Goldsmith's data from late 1987 showing jobs being lost at a 1 percent annual rate. The Alaska recession has not been typical. Regional recessions usually result from regional specialization, as in the manufacture of airplanes or the production of corn, combined with declining worldwide demand for the specialized product or service. The Seattle area specialized in large commercial jet transport aircraft. When demand for that product ebbed in the 1960s, Seattle lost 70,000 jobs in the space of a year. In the mid-1980s declining agricultural prices triggered a regional recession encompassing much of the Midwest. Here is the way that Scott Goldsmith put it: It is critically important to recognize that we brought this recession on ourselves, and that it was not primarily the result of weakness in the markets for the goods and services which Alaska sells to the rest of the world. This fact distinguishes our recession from those that have occurred in other regional economies. The dramatic growth in state spending in the first years of this decade guaranteed that there would be an explosion of demand, and that private capital and labor would mobilize to meet that demand. Since much of this demand was from new public and private investment, demand was especially strong in the area of investment goods -- especially constntction services and housing. Just to keep up with the growth in population and business required a Herculean effort. Few communities ever find themselves needing to add housing at a rate that would double the number of units in seven years. Since much of the growth was itself the result of new investment, there was a feedback loop. Economists call it an investment accelerator -- the expansion called forth investment which in turn accelerated the expansion. Unfortunately, the process also works in reverse. When growth stopped (notice we didn't say " reversed'), the Herculean effort would no longer be needed. And once a downturn was started, the feedback loop would cause it to feed on itself, to accelerate. 4 7 A] ... _.M The only thing that could have prevented an eventual demand collapse was for state spending to keep growing. This would have required state revenue to keep growing. Some thought this a likely future, but it wasn't. When state spending stopped going up, the balloon would be punctured and the Alaska economy would deflate. The only questions remaining were when the recession would occur and how severe it would be. This logic leads to an important conclusion. The oil price collapse was not an important cause of the recession. The oil price slide started in December 1985, three months after the recession began and two years after The oil price collapse construction industry employment began was not an important to decline. Real (inflation -adjusted) state cause of the recession. spending stayed constant at $6,800 per capita in FY 1983 and 1984, then increased to $7,400 in FY 1985. The constriction recession began in December 1984 (mid-FY 1985), notwithstanding the spending increase. With the beginning of FY 1986 spending fell to $5,400 per capita. The FY 86 spending cut hurried along the recession (which started - three months later) and made it more intense, but didn't cause it. The cause was that in 1981 the state of Alaska increased its spending at growth rates it could not reasonably hope to sustain, When state spending stopped and adopted policies that encouraged private invest- growing, a recession resulted ment in housing, where the needs were only a tempo- rary response to the inflated spending. When state .fi'falling demand for spending stopped growing, a recession resulted from invvee stment goods. falling demand for investment goods. The collapse had its most severe consequences in construction and housing, precisely those areas where the state had the most success in its efforts to stimulate the economy. The recession did not take Alaska's economists by surprise. Ten years ago, in March 1978, economists David Reaume and Goldsmith independently analyzed the effects of state spending growth expected with the beginning of Prudhoe oil production. Their analyses were contained in separate papers delivered to the annual meeting of the Western Economic Association. Both authors used the concept of "sustainable" -spending (Reaume called it "sustainable revenue"). Both papers concluded that spending growth above the sustainable level __ 2 All figures are unrestricted general funds expressed in constant 1987 dollars. The average U.S. state spends about $1.700 per capita. would culminate in a self-inflicted regional recession. Over the following decade this central conclusion was refined and reiterated by virtually every Alaska economist who wrote or spoke on the subject. Sometimes the conclusions were cloaked in mathematics or couched in eco-speak, but the warning was clear from the beginning. Here is how Dr. Reaume, phrased it ten years ago: [I]ndependence from non-renewable resource revenue can be achieved ...if real state spending grows by no more than 2.5 percent per year. „and if short term budget surpluses are carefully invested. A pl conclusion is that ...the state faces a financial crisis by 1990 if it does not brunediately restrict spending. Despite the warnings, between fiscal 1979 and 1985, real (inflation - adjusted) state spending rose at a-: ompounded annual rate of 13.9 percent 3 RECOVERY If the economists are right, the end of Alaska's recession is imminent and doesn't depend on outside events like a rise in the price of zinc or corn or a change in the demand for Boeing airplanes. Alaska's recession will end when the decline in state spending ends and the excess capacity in areas like construction has, in the words of ISER director Lee Gorsuch, "been fully wrung out." Since most economists believe that both have already happened or are due soon, most also believe the job losses will end soon as well. Precisely when will the recession end? Some economists believe it may already be over. A simple-minded extrapolation of Goldsmith's data (Figure 1) would suggest that employment actually started to grow between December and January. Chuck Caldwell, the state's chief labor economist, thinks this is possible: "I'm not going to make any predictions now, but when (the final seasonally adjusted numbers are in] we may well see that the economy started growing again around the first of the year."4 A Dittman Research Corporation survey of Railbelt business owners and managers conducted in January 1988 seems to provide some confirming evidence. Twenty-one percent of those responding said they planned to increase the number of employees in 1988, while only 12 percent said they planned to cut. Goldsmith himself, 3 Since FY 19ss, state spending has declined, but not by enough to bring it to a "sustainable" level. 141 - es issued by Caldweirs staff since this was written indicate that the recession may have ended as- - early as September 1987. See "Economists Offer Good News," Anchorage Daily News, March It. 1988. P. 1. 6 1�F J 1 i it eoi predicts that the recession will end in the second half of 1988, a view shared by Reaume. The pace of the recovery thereafter will be affected by possible structural changes in the Alaska economy, by changes in state spending, and by demand for Alaska's exports -- energy, fisheries products, wood products, visitor services, and defense services. The outlook for the state's export industries is generally favorable. Virtually all international economic experts foresee a protracted period -- perhaps 15 years -- during which foreigners will find U.S. dollars cheaper than at :any time in recent history. For Alaska the change will mean growth. Consider tourism. The weakening dollar has reduced the cost in Japanese yen of an Alaska vacation, making it more affordable to the Japanese tourist. Moreover, Americans tourists will also be more likely to come to Alaska since the dollar cost of visiting foreign destinations, Alaska's competitors for tourist spending, will have increased. The same altered incentive structure will increase demand for Alaska minerals, wood and fisheries products. In fishing, development of an on -shore bottomfish processing industry, discussed for years, has finally shown up this winter as real growth in employment. With one mine preparing for production and others well along in development, it appears that metal mining has finally started to grow. Federal spending is under pressure everywhere, but new military deployments to Alaska and increased federal park and wilderness management responsibilities in the state may mean an increasing overall federal presence in the economy. Petroleum employment is growing now, reflecting the extraordinary profits available from further investments in already producing fields. The oil companies and state forecasters expect long-term increases in the real price of Alaska oil, but even if this doesn't materialize, labor required to produce existing fields will increase due to technical factors common to all declining fields. The consensus among Alaska economists is that demand for the goods and services Alaska produces will grow, and that this growth will add new jobs to the Alaska economy at a rate of 1 percent or so annually, starting in 1988 or 1989 at the latest. �1��ttttt!. RECESSION'S DIVIDENDS - -- Scholars of economic development have noted that the great economic "leaps" recorded in history often come as the result of a crisis ! of one sort or another. The crisis brings about a reordering of society - L L i RECESSION'S DIVIDENDS - -- Scholars of economic development have noted that the great economic "leaps" recorded in history often come as the result of a crisis ! of one sort or another. The crisis brings about a reordering of society - L L i i that is key to releasing suppressed opportunities and efficiencies.i Alaska s recession isn t likely to spawn an economic miracle, but t is eroding two longtime barriers to Alaska's development -- high wages and inflated prices. Whatever one may feel about these changes -- and ' there are many who are hurt b-y them -- "[t]he bonus ...is an increase of competitiveness of our economy both in the production of basic commodities, and in the local production of support services;' states _ _ . Goldsmith. The most immediate economic impact of falling real estate values is the -- - boost it gives to the purchasing power of people who rent. Mike Breedlove, chief demographer for The most immediate economic the Municipality of Anchorage, impact of falling real estate estimates that 31,000 Anchorage values is the boost it gives to households live in rented quarters. the purchasing power of people Assuming 2.4 persons per who rent. household, and if the average rental cost two years ago was $200 per month per person, the roughly 40 percent drop in rents has added an average $960 to the annual spendable incomes of these 75,000 people. This "renter's dividend' has thus increased Anchorage's spendable income by about $72 million, and has had about the same economic impact as would result from hiring 1,600 new state employees in Anchorage? The recession hasn't been all bad for businesses either. Anchorage has about 7.8 million square feet of net rentable office space, and 5A million square feet of retail space. Assuming that 70 percent percent of that space is renter occupied and that monthly costs have declined by $0.75 per square foot from their levels three years ago, the business j_ renter dividend in Anchorage is over $80 million per year, the equivalent of another 1,800 additional jobs in the Anchorage economy. Reduced incomes to local landlords may offset some of this benefit, but not much. Many Anchorage landlords don't live in Anchorage, and in any event there are many more renters than landlords. Declining real wages have hurt household purchasing power, but - -- - they've provided business with a powerful competitive boost, and many have taken advantage of it. Oil companies can now make money with -- - - - f 1 S The calculation assumes an average annual salary of $35.000. and a personal income multiplier of t 1.30. i. I ., 8 k r wellhead revenue as low as $2.70 per barrel in the Prudhoe Bay field and $5.45 per barrel at Kuparuk. Alaska petroleum construction contractors are starting to bid fabrication work away from competitors in Oregon and South Korea. Space rental and labor are the biggest cost items in many service and support sector businesses, so declines in these costs are particularly important to holding onto the recent growth in these sectors. Alaska retailers have also been helped by declining transportation charges. According to Greg Carr, of Cads Quality Centers, these factors together contributed to narrowing the differential between grocery costs in Alaska and Seattle, a differential which he believes is now only about 3 percent. This has also produced a "dividend" for all residents. The full ramifications of these changes cannot be predicted, but they suggest structural resilience and adaptability in the Alaska economy. These are good attributes for any economy, and especially valuable traits in a period of economic uncertainty. THE REAL ESTATE CRASH The economists haven't completely ignored the $8 billion or so in Alaska real estate values lost over the past two years 6 ISER, economists recently studied the Anchorage housing market for the Alaska Housing Finance Corporation; they said to expect further declines in The real estate crash values, especially in Anchorage. will tend to stimulate Nevertheless, there is wide agreement economic growth among Alaska economists: The real in Alaska estate crash will tend to stimulate eco- nomic growth in Alaska. The reason is jobs. A bankrupt real estate investor has minimal impact on employment, but a bankrupt hardware store may signify a real loss in jobs. The real estate crash makes it hard for real estate investors, but it makes it easier on the hardware store by lowering its costs. This means the store is more competitive, which means more business and more jobs, so the real estate crash means that employment is likely to grow. What if the investor also owns the hardware store? No 6 The toss in Anchorage private real property values has already been $3 billion; making allowances for the losses elsewhere in the state, the likelihood of further losses, and losses of "going concern" values, $8 to $10 billion -Is a reasonable guess for the ton the -recession has taken-on•the value of Alaska assets.- - - - Outside investors, mortgage insurance companies, and the federal deposit insurance agencies have absorbed a major part of this. however. E r. n i problem -- the investor sells the business to cover his losses. The new owner pays more attention to the business, and with lower occupancy costs becomes more competitive. Because it means more jobs, the real estate crash is good for the Alaska economy, however difficult it may be for individuals. Given this view, economists tend to be skeptical of schemes to rescue the economy by spending public money on real estate- Indeed, they express considerable skepticism about any economic justification for trying to prop up the real estate market. Part of this skepticism arises from growing doubts concerning state government's institutional suitability for managing economic change in general. "It seems very clear to me now that politics and the kind of hard objective decision - making needed ... will never be reconciled," writes Dr. Reaume, formerly chief economist in the state Department of Commerce and Economic Development and formerly a leading advocate of aggressive government action to achieve development. Professor Hayden Greea's skepticism is more concrete: "Some of the same people who recommended we spend ourselves into this nightmare are now telling us that they can get us out by using the same concoction that made us sick as medicine to heal us...:' L.� THE DISSENTERS One expert who disagrees with this generally upbeat view of the economy is Scott Hawkins, formerly chief economist with Alaska Pacific Bank and now executive director of the Anchorage Economic Development Corporation. He believes that the real estate collapse and repercussions in the banking sector have "given Alaska a bad name" among outside banks that had been providing loans for Alaska development or were thinking of coming in. "It will be ten years before some of those [institutions] consider coming back to Alaska," Hawkins predicts. He argues that the resulting lack of capital is likely to cause retarded development. Some economists are concerned that mergers will increase the share of the state's banking business controlled by the two or three largest institutions, possibly causing reduced competition in credit markets. Nevertheless;-ec-onomistsapart -from. Hawkins discount "capital shortage" as a significant drag on development. Less money is flowing to the state now than two years ago, just as Hawkins suggests, and outside banks that thought they saw opportunities here, now probably see the 10 l_ 0 i; J issue differently. But it is important not to confuse cause and effect. Less money is being invested in Alaska because there are fewer opportunities for profitable investment, not the other way around. It is a situation that is not likely to change for several years, at least as far as the kind of lending that outside banks did during the boom. Their loans went largely to build shopping malls, offices, and homes, all of which are now in oversupply in urban Alaska Meanwhile, deposits in Alaska banks have Alaska bankers are declined by less than 3 percent during the scrambling to find recession. Opportunities to make profit- creditworthy loan able loans, on the other hand, have declined customers. much more significantly. The result is that Alaska bankers are scrambling to find creditworthy loan customers. "If someone with a serious business proposition comes through my door, I can assure you that person will have no difficulty in getting what he needs," said one Anchorage banker. Juneau economist and business consultant Eric McDowell agrees. "If I had a moneymaking idea that required capital, I could get it in an instant. The problem is that there aren't that many opportunities out there right now." Hayden Green, professor of real estate at the University of Alaska at Anchorage, is the other notable dissenter from the consensus view, though not on the capital shortage issue. Green argues that the collapse in property values will cause Alaskans to feel less wealthy, and this will cause them to reduce their consumption of goods and services, including goods and services provided by other Alaskans. Declining demand will mean more layoffs, thus propagating and prolonging the recession. Economists call this is a "wealth effect." It will have some impact, but economists don't generally expect it to be significant. Goldsmith notes that the stock market crash wiped out $1 trillion in wealth overnight and has had little apparent effect on consumption. In interviews with Anchorage retailers, Seattle consultant Dr. Bill Mundy found that stores...that sell non -discretionary items (such as groceries) indicate that sales [in the first half of 19871 are just about the same as a year ago or off some, but not dramatically as one might expect." Mundy also notes that employment in stores selling general merchandise didn't nor. WA Is 981987 and that food store employment actually increased. According to Professor Gee Huskey, f - co-author of ISER's recent study of the housing market, if people-do-- respondwith reduced consumption, items foregone will be heavily ( ( - ,-r W weighted toward items with low "Alaskan" content such as Hawaiian vacations and Cadillacs. "The effect will be very marginal." What about the arguments that a state funded entity, a so-called vulture fund, is needed to buy up distressed properties and keep them off the market? The "Phoenix Fund" proposed by Hawkins would be designed to prevent... an unnecessary acceleration of small business bankruptcies [and) the additional failure of Alaska financial institutions, which would set off another cycle of falling real estate values, rising foreclosures, business bankruptcies, job losses, population outflow, etc. The fund would be run by Hawkins' Anchorage Economic Development Corporation. fundamental to this line of thinking is the assumption that Alaska economic development will be hurt by falling property values. Economists, as noted earlier, simply don't buy this idea. They think falling property values will produce a net increase in jobs. "The real estate collapse is tough on those who invested in property," says McDowell, but for the economy at large it is not a cause for concern. According to Reaume, "the current real estate situation may have major positive ramifications on the economy. A"buy out; on the other hand, could induce mistakes in the future. It's a bad idea." Department of Revenue economist Al Zangri is specific: [a] state program to reduce excess capacity in commercial real estate...will drive business, employment, aggregate demand, and aggregate income lower than they would be in the absence of such a program. Furthermore, this will create an additional source of uncertainty in the economy as other interest 4roups exert pressure on the system to fashion their own 'bail out' program. This will further prolong the adjustment period and delay the process of economic recovery. Connie Yoshimura, an Anchorage real estate broker, points out a shakey technical assumption underlying the vulture/Phoenix fund idea - - that purchasing distressed properties will stabilize the market for holders of other properties. The Anchorage market has seen a "distinct flight to quality." She argues that the demand for mid- and high -quality property is largely independent of the demand for the low -quality properties that constitute virtually all the distressed -assets. According to Yoshimura, removing those assets by demolition might make sense as an urban renewal strategy, but will have no effect on prices or demand for anything except the very lowest quality properties, most of which are 12 tlIM)A11111.i 1 .j. �f already in foreclosure. Professor Green expresses similar concerns. LOSS OF CONFIDENCE Despite economists' belief that the direct economic effects of the real estate crash will be positive, the regional recession in Alaska is at least partly beyond the range of economic experience. It is a reason for caution. An event this encompassing could conceivably have non- economic effects that could feed back into the economic system in unanticipated ways. Anchorage real estate broker Chris Stephens has suggested that the most severe effect of the market crash could be the loss of entrepreneurial talent. Most economists scoff at this idea. "Heck," ISER's Lee Huskey remarks, "lower costs are going to make it more likely entrepreneurs will succeed." Arlon Tussing, a Seattle economist and frequent visitor, thinks the odds are good that the loss of confidence won't last very long or extend very deep into the fabric of Alaska society. So far, the evidence seems to favor this view. Anchorage's municipal demographer Michael Breedlove estimates that 59 percent of the households lost in Anchorage since 1985 have been male headed, non -family households, a category that accounts for only 18 percent of total households. Moreover, 80 percent of the population loss has been in the 20-30 age group, and two- thirds of the loss is accounted for by males. These numbers dolt suggest a broad -based exodus. But what about the attitudes and intentions of those who remain? Population movements tend to lag changes in the economy, so a collapse of confidence could have already happened, with the resulting wave of out -migration only now beginning. As far as attitudes are concerned, the answers given by Dittman's Railbelt respondents don't reflect any sense of crisis: 44 percent say the economy will get better over the next two years, compared with 16 percent who see things getting worse. ---What about the..18 percent of Dittman's respondents who reported they were "very likely" or "quite likely" to leave Alaska within two years? For some observers the -number was "shocking." -Greg Williams, the state's chief demographer, doesn't see it that way. "Every year, in 13 W C. i 1 t good times and bad, about 15 percent of the people in Alaska leave. The [poll] results are about what I'd have expected." According to Dr. Williams, the number of people cominS. to Alaska is much more variable than the number leaving, and much more sensitive to economic conditions. Unfortunately, surveys of people already in Alaska, whether the results are "shocking" or "expected," tell nothing about the intentions of those not yet here. The guessing among experts like Breedlove and Williams is that population isn't in for any collapse in Anchorage, and certainly not in the balance of the state. ALASKA'S POLICY OPTIONS Many of the experts who are saying there is no economic justification for using public money to prop up the real estate market are also owners of homes and other real estate. A few of them suggest that there may be some moral justification for state government involvement. "After all,' one asked rhetorically, "doesn't ...even those who see a moral everyone agree that the state basis for state intervention sense government was responsible for getting that whatever state government's us into this?" True enough, but even responsibility, indemnification of those who see a moral basis for state those who have taken losses would intervention sense that whatever state be beyond its means. government's responsibility, indemnification of those who have taken losses would be beyond its means. And proposals to assist only a segment of the market, say the commercial real estate market, are hard to take seriously when so many others have also been hurt. Indemnifying all Alaskans hurt by the real estate collapse would simply cost more than the state could afford. Besides, excess capacity in investment goods and services (like construction) has now been dissipated, and it seems likely that the state will arrest the decline in public spending. If this happens, the recovery will occur regardless of what else the state does or does not do. None of the foregoing means that prompt, informed government action would not save a lot of pain. Unfortunately, what the government should do, apart from not trying.to corner the real estate market, is not nearly so clear. It would make sense to allow people to carry their negative -equity- along with them -to a different house. Whether_ the public and private bureaucracies involved are able to handle these transactions remains to be seen. It doesn't make sense to have a 14 L L- 6 is development throughout Alaska, and that these disparities will become, an even greater burden in the future. Economic solutions that might work seem unacceptable on other grounds, and solutions acceptable on other grounds clearly don't work economically. It is a tough issue that won't be ignored. Alaskans are sometimes prone to assume that economic forecasting I " "should be a projection of present hopes, that prediction should bolster self-assurance," wr ote Alaska s economist emeritus George Rogers in 1962. "Forecasting in this view is only valid if it agrees with a popularly --- -__. -- _--- held dream of the future and makes its realization appear likely." a r > Today, economists believe that the real estate collapse will not i produce dangerous consequences for the econom as a whole runs counter not to a popular hope, but to a popular fear. A lesson from view the recession and real estate crash may be that hopes and fears, like { dreams, are better servants when they are firmly founded on a T' hardheaded respect for history. , ------------------ I ° Reference Notes If not otherwise cited, quotations during January and February 1988, are from personal conversations with the author Taxable Anchorage real estate values are from Phil Webber, municipal assessor's office, Municipality of Anchorage. Data on the number of Anchorage AHFC mortgages are from AHFC. State spending data are Division of Policy figures. i Goldsmith's seasonally adjusted employment figures have not been published, I I but are available from him or the author. Goldsmith s statement on the cause of recession is from "Rem the arks t �� o the A . laska ll Policy Forum, January 7,1988. I The a rs p pe presented ten years ago to the Western Economic Association are " "Fiscal Planning and the Long -run Growth Pattern of Resource Based Open Economies," by Goldsmith, and "Alaska Financial Planning and the Permanent Fund," by Reaume, both dated March 1978. Though the sustainable spending notion was not described until 1978, Goldsmith described the dynamics of the current recession a year earlier in "Petroleum Tax Policy to Achieve Smooth Economic Growth in Alaska.": [Alaska's1 _historical behavior is indicative of a tendency both to expand state _ service levels when revenues become available (even if those revenues are 16 a i ' II moratorium on foreclosures. The rights of condominium associations 4 may need to be strengthened. The policies and role of the state's lending agencies -- especially AHFC -- need review. Millett Keller, an -- Anchorage business consultant, suggests that the real estate collapse l provides Alaska communities with 'opportunities to accomplish... y public sector projects at bargain rates, including acquisition of ` property, for parks, greenbelts and rights -of -way for future transportation facilities, assuming government can avoid carelessly mixing in subsidies and economic recovery. That may be an optimistic assumption, but Commerce and Economic Development Commissioner --, Tony Smith was surely on target when he testified that "We cant spend ourselves out of this one, we have to manage ourselves out of ie BORROWED TIME With management -- and a little luck -- the real estate crash will do no i lasting damage to Alaska's economy. Years hence Alaskans may look I back at the recession and post -recession period as a time of renewal and opportunity. If so, it will probably be because Alaskans learned the lessons that this self-inflicted recession had to teach. On this point, however, the returns are still to be counted. Alaska did cut its spending in FY 1985-88, but not enough to erase the fundamental imbalance that Drs. Goldsmith and Reaume first described ten years ago. In a speech early this year Goldsmith described the imbalance as a problem which always takes a back seat to concerns which are more immediate or pressing, but it is the most pervasive issue we will face in the next decade. In the long run the economy is still living on borrowed time. We continue to artificially stimulate the economy by selling off the assets of the state - - our petroleum wealth. How we adjust to a sustainable level of government will affect us all as surely as this recession. [emphasis added] 1 i Unless Alaska controls its public spending, the state will be buying a ticket to a rerun of its present recession. Showtime will be within the decade, and probably sooner. Another old imbalance also remains. Alaska has developed a mature economy, but parts of rural Alaska have increasingly been left behind. Disparities in -income, employment, educational _success, health, and a host of other measures all are widening. Some economists say that this is -the kind of problem that economics shouldn t have much- say in solving, but all agree that the growing disparities are already a drag on economic is L_ transitory) and to resist reductions in state service levels when revenues begin to decline. If this behavior were to occur [in the future] it could be unfortunate both for the states fiscal position and the state economy in general.... A decline in the general fund balance [*rom declining oil revenue] would necessitate a reduction in the level of government services. This would significantly impact the private economy both because of the large size of the government sector and because the decline would come only shortly after a significant "boom" in state government spending. Economists saw the coming recession and its dynamics quite clearly, but predictions of its timing were not so successful. See Gregg Erickson's June 1982 essay, "Managing the Collapse of Alaska's Economy►; : Bob Richards' article, "Wanton Spending and Our Diminishing Revenues,' in the May 8,1983 issue of the Anchorage Times; and Hayden Green's March 20,1983 article, " Alaskans Should Brace for Resumption of Boom Bust Cycle;' in the Anchorage Daily News. The positive effects of the current recession were foreseen in "After the Boom: An Examination of Alaska's Economic Prospects;' by Erickson and Arlon Tussing, in the Winter 1984 issue of Alaska Public Affairs Journal. For more on Caldwell's and his Department of Labor research staffs view on the end of the recession, see Edward Eboch, "Alaska's Employment Scene," Alaska Economic Trends, January 1988. Reaume's recovery estimate is found in his article, "One More Year of Employment Decline," Alaska Construction and Oil Report, January 1988. He thinks despite the expected upturn in late 1988, average employment figures for the year will be down. Goldsmith's predictions are found in his Alaska Policy Forum remarks. Also see "Can State Spending Speed Alaska's Economic Recovery, a research memorandum prepared for Governor Cowper, December 8,1988, by Goldsmith and ISER director Lee Gorsuch. The Dittman survey data is found in Railbelt Economic Assessment Survey, January 1988, by Dittman Research Corp., prepared for the leadership of the Alaska State Senate. The report takes a surprisingly gloomy view, notwithstanding its survey findings. The figures on renters do not include persons living on military bases. Anchorage demographic information is from the 1987 Anchorage Population Profile, December 1987, prepared by Michael Breedlove, et al., Community Planning Department, Municipality of Anchorage It is an extraordinarily useful document. Figures on total available office space are from Norman Rokeberg, of Jack White Realty. Retail space figures are from Alaska Valuation Services, Fred Ferrara, president, as provided by Connie Yoshimura in testimony to the trustees of the Alaska Permanent Fund, February 10,1988. Figures on oil field profitability are from "Atlantic Richfield Company, The News Gets Better," by Bernard Picchi, published by Salomon Brothers Inc., September 1987. The figures are estimates for calendar 1988, and reflect depreciation, depletion, and operating expenses. The Greg Carr quotation is from an Associated Press story datelined Fairbanks, December 2,1987. Dr. Reaume's skeptical views on government comes from his Anchorage Daily 17 r ttttttt�it■ t i� =+ N 1 "F AA i 31 988 d 1 3 Th ' �e ti } ews co umn, rom c v at to Skeptic, January , 1 , F. - , . e "Concoction" quotation is from Professor G. Hayden Green's article "Try This for Real Estate,' Alaska Journal of Commerce, January 11,1988, p. 4. Professor Green's views are further elaborated in "A Proposed Solution to the Real Estate Recession;' Anchorage Daily News, January 28,1988, p. d-9. Department of Revenue economist Al Zangri's comments on the economic effects of a state program to purchase of excess real estate are from his Memorandum of February 12,1988 to Vincent Wright, "Commercial Real Estate Subsidy." Chris Stephens concern over fleeing "innovators and entrepreneurs" is expressed in "Real Estate Assistance is Hot State Topic,' in Anchorage Daily News, January 10, 1988, P. c-I. Dr. Bill Mundy reported his findings on the Anchorage retell market in "The Alaskan Economy: Some New Statistics,' The Mundy & Associates Insider, July 10, 1987. Proposals to consolidate non -performing Alaska bank assets have been advanced from several sources. One of the most carefully considered is in "Options to Improve the Alaskan Economy," January 1988, by David Rose, executive director of the Alaska Permanent Fund Corporation. The interest of the Sealaska Corporation is described in "Sealaska Eyes FDIC Properties;' by Robert Laurie, Anchorage Times, January 28,1988. The Phoenix Fund is described in an undated paper of the same title from the Anchorage Economic Development Corporation (AFDC) circulated to legislators along with draft legislation in February 1988. In a February article in the Anchorage Times , "It's Time to Take Economic Action,' AFDC president Hawkins argues that immediate state action is necessary to save an economy whose "vital signs are deteriorating:' Connie Yoshimura's February 10, 1988 testimony to the trustees of the Alaska Permanent Fund Corporation is available in transcript from the Corporation's offices. Millett Keller commented on the risks and opportunities created by falling real estate values in "The Flaw in the Mayor's Recovery Plan," in Anchorage Daily News, January 31, 1988, p. g-2. The George Rogers quotation is from his ever useful The Future of Alaska: The Economic Consequences of Statehood. Acknowledgements Indispensable editorial assistance in the preparation of this essay was provided by the author's colleagues at the Division of Policy. 18 1 ZNFo— . ..r,ayo, Mn Resource Development Council Permit No. 577 _ i3ox 100516, Anchorage, AK 99510 CORRECT10N REOUt:aTFA � D , ago dnifl Tenn ravor 3onn J. Williams City of Kenai �113 Fical+;o Kenai. At 53611 Repeal of ELF could dea ,economy a Severe blow . v Now is not the time to raise a se taxes on industry A growing state budget has prompted With the ELF in mind, North Slope pro- back to work. Overall, ELF has been ex - come legislators in Juneau to support legis• ducers have launched expensive projects tremely effective In extending the life of the lation which would Increase taxes on the aimed at pushing back the decline of Prudhoe Say field. oil industry, despite the fact that Alaska's America's largest oil fields. Over a hundred But, state officials and members of the tax rate at Prudhoe Bay is among the high• new wells have been drilled to maintain Alaska House who want a partial repeal of est in the nation. throughput of crude Into the Trans -Alaska the ELF claim the Incentive is costing the At issue is the controversial Economic Pipeline and hundreds of people are going Umlt Factor (ELF), a tax formula which en- (continued to page ges new drilling, exploration and de- velopment. Severance taxes on Prudhoe B velopment The ELF is a form of all prodBay Y Von198 tax initiated t r iced and revised is Would be highest in the U.S. without ELF 1981. As written. It raised severance taxes at Prudhoe Say to 15 percent — the hlahest s. _. In I I 1 I i I r Message From the Executive Director will return next month. Please enjoy our special feature. Cast of Characters -ARCSAP — Prudhoe Bay Oilfield - Kupple — Kuparuk - Lizzie — Lisburne - Ruling Body — Alaska Legislature - WOP food — World Oil Price - Magic ELF formula — ELF - Deese keeper — Alaska Oil Industry - Crafty Member -- Unnamed past members of Legislature, any simi- larity to Legislators living or dead Is purely coincidental. ARCSAP: The Fabled Golden Goose Once upon a time a group of people lived In a land of the far north. They were a hearty, hardworking, resourceful people who eked a living out of their land by harvesting Its resources of fish, timber and minerals. They didn't have a lot of money, but their Ruling Body managed to provide them with the necessary social services like education for their children, police protection and civil justice. One day a great goose, named ARCSAP, landed in the bleak northern edge of the territory. ARCSAP scratched around, built a huge nest, and began to lay golden eggs and give them to people. ARCSAP sustained herself on a special food called WOP, which was manufactured principally by companies In a land far away on the other side of the world. The people gave the golden eggs to the Ruling Body and told It to use the gold to make their life better. The Ruling Body had never seen so much wealth, and it was unsure about what to do. It hired some advisors to tell it what to do with the gold. The advisors hired more advisors to advise It, and the original advisors became chief advisors. The new advisors decided there was so much gold to spend that they too needed advisors, so they became deputy -chief advisors and hired more advisors. The new advisors decided that they needed some studies done so they hired some outside consultants to study how to spend the gold. When the bill for the chief advisors and the deputy -chief advisors, the advisors and the outside consultants was given to the Ruling Body, they found out they had spent all the gold. The Ruling Body was concerned because the gold was gone, and they had lots of studies on how to spend the gold to help the people, but now had no gold. Then, a Crafty Member of the Ruling Body said 01 know how to get ARCSAP to give us more gold. If we put a noose around ARCSAP's neck and squeeze her real tight, she will have to lay more golden eggs." "But won't that kill ARCSAP; asked another member of the Ruling Body in one of its closed meetings. "No," said the Crafty Mr Aber, "ARCSAP can Bland the tight noose for 10 years, after " . re, when she starts togetoidandweaiiwemtceepherativebythtemagicELFformulo." - So the Ruling Body ordered the noose tightened around ARCSAP% ne* and she indeed did begin to lay more -golden eggs. But the strain of the tight noose and the extra golden eggs made ARCSAP very weak, and she might have died, but the mak- ers of the WOP food in the land on the other aide of the world greatly Increased the strength of the food. ARCSAP became strong In spite of the tight noose. The new WOP food kept increasing in strength. Page 2 / RESOURCE REVIEW / April 1986 As time passed, ARCSAP gave birth to smaller geese who also laid golden eggs. Kupple laid medium -size golden eggs and Uzzle laid small golden eggs; but both newborn geese were sickly and In ill health in spite of the strong WOP food. The Crafty Member of the Ruling Body knew what to do. He ordered that Kupple and Uzzle be given the magic ELF forumula right away. The magic _ ELF formula worked amazingly well for Kupple and Uzzle, and they became healthy. Of course, the new strength WOP food also helped Kupple and Lizzie. With all the large golden eggs from ARCSAP, the medium-sized ones from Kupple and the small ones from Uzzle, the Ruling Body had enough gold to pay the chief advisors, the deputy -chief ad- visors, the advisors, and outside consultants and still do some things to make life better for the people. The Ruling Body gave gold to the people to invest in business, gold to build large buildings, gold to pay their power bills and all sorts of things. Of course, with all the golden eggs, the Ruling Body had to hire more chief advisors, deputy -chief advisors, advisors and outside consultants. In fact, the Ruling Body was able to hire so many people to advise it, the people began to neglect their mining, fishing and timber busines• ses. With so much gold for the many jobs of chief advisors, deputy chief advisors, advisors and outside consultants, the Ruling Body had no reason to worry about the lean times. At the end of about nine years, the makers of the WOP food in the far away land decreed a massive reduction In the strength of the food. When they decreased the strength of the food, ARCSAP, Kupple and Uzzle, became very III, and the amount of golden eggs (large, medium and small) was greatly reduced. The Ruling Body faced a very serious problem because it didn't have enough gold to pay all the chief advisors, the deputy -chief advisors, the advisors and the outside consultants. When the Ruling Body asked the advisors and consultants what to do, the advisors said "Make ARCSAP, Kuppie and Lizzie produce more goldl Then you can pay us and do all the wonderful projects we have advised you to do for the good of the people." The Crafty Member of the Ruling Body saki "If we don't give the me& ELF formula -to ARCSAP; she'll produce more golden eggs, and we can lake the magic ELF formula away from Kupple and Uzzle, and they will also lay more ; eggs." At that time, the keeper of the geese burst into the closed meeting of the Ruling Body and said "the decrease in the strength of the WOP food manufactured In the far away land has made ARCSAP, Kupple and Uzzie very weak. If we don't give them the magic ELF formula, I think they will dial" (continued to page 6) It '.-. „ .: t i t � i i c i i 1, i t I Showdown approaching, w "full court press" needed to open ANWR leasing The long and hard-fought battle to open the Arctic National Wildlife Refuge to oil and gas development may reach a climax In June, and the outcome may depend largely on the pressure government offi- cials and business leaders apply on their associates in the Lower 48 to convince Congress to act favorably toward Alaska development. While pro -development forces are en- couraged by recent trends In the House, congressional sources wam that a possi- ble showdown on the House floor in June Is likely to end In a very close vote. As a result, the next several weeks are critical with organizations supporting develop- ment scurrying to encourage business associates and members outside Alaska to change the minds of congressmen op- posed to development. A new bill allowing oil and gas explora- tion and development leasing in the 1.5 million -acre Coastal Plain of the refuge will be introduced In the House later this _ month. The compromise bill, the fifth piece of House legislation dealing with the refuge, would split the royalty revenue evenly be- veen the state and federal government .,nd designate the National Petroleum Re- serve west of Prudhoe Bay a wildlife re- fuge. Under the 60.50 split, half would go to the slate treasury, 10 percent to the fed• eral treasury and 40 percent to federal environmental programs that may other- wise go unfunded given current budget constraints. The legislation would also provide funding for energy conservation and alternative energy research. Although the bill designates the pet- roleum reserve a wildlife refuge, pro- visions would allow for oil and gas explo- ration. The new House bill, which provides for strict environmental standards protecting the wildlife, air and water quality, is cur- rently under mark-up In Congressman Gerry Studd's Subcommittee on Fisheries, Wildlife Conservation and the Environment. Speaker of the House Jim Wright has indicated he wants the legisla- tion on the floor no later than June. The brighter prospects of moving the ',hill Irom subcommittee to the full House -Merchant Marine and Fisheries Commit- tee, and eventually to the House floor is an encouraging development for Alaska, where some 80 percent of the population supports development in the refuge. Ear- L Iler it appeared the chances for moving an ANWR development bill through the Democratic -controlled House were very slim. However, the new legislation offers a strong compromise many Congressman seem willing to support. Another factor influencing possible House action on ANWR this spring Is that both House and Senate leaders have gained a much better understanding of the issue and are beginning to realize that de- velopment does not necessarily harm wildlife nor does it need to occupy but a tiny fraction of the 19 million -acre refuge. In fact, reports have shown exploratory drilling would aftect less than 1 percent of the refuge. The unwillingness of environmental forces to budge from their position of total Wilderness designation for the Coastal Plain hasn't helped their case In Washington where compromise Is the name of the game. Most of the refuge is already off-limits to development and nearly half of it has already been desig- nated Wilderness, Including some 450.000 acres of Coastal Plain lands Im- mediately adjacent to the area proposed for oil and gas leasing. Meanwhile, the Senate Energy Com- mittee has reported a bill to open ANWR to development. An amendment to Com- mittee Chairman Sennett Johnston's de- velopment bill, offered by Senator James McClure, requires a 16-month study of future energy needs and orders the Secre- tary of the Interior to develop leasing plans that can be acted upon 21 months after Congress passes the ANWR bill. - The Senate bill would also split the roy- alty income evenly between Alaska and the federal government. The federal gov- ernment would put 25 percent of its in- come in the Land and Water Conservation Fund, 5 percent in the Migratory Bird Con- servation Fund and 20 percent in the U.S. Treasury. The Committee's bill will likely be used with a House bill In reaching acompromise on ANWR in a House/Senate Conference Committee. RDC urges its members and friends to send letters and post cards to members of the House Merchant Marine and Fisheries Committee, the House Com- mittee on Interior and insular Affairs and the Senate Committee on Energy and Natural Resources. Ask them to support the opening of ANWR to respon- sible oil and gas development. Caribou don seem to mind oil production facilities at Prudhoe Bay. Environmentalists ignore data A highly critical Neport card' of Alas- kan North Slope oil operations focused on out -dated technology and failed to provide any scientific evidence that major environmental damage has oc- curred at Prudhoe Bay as a result oil Industry operations, aocording to Bill Wade, president of Arco Alaska, Inc. Wade, responding to the report by several environmental groups, pointed to Industry's successful track record and consistently Improving technology over the past decade. 'That Is proof that oil exploration and production can be done In an environmentally compatible way on the Coastal Plain of ANWR." He said the report "selectively ignores extensive air and water monitoring data that Indi- cates there have been no biologically important Impacts to air and water qual- ity 'We have worked closely with state and federal regulatory agencies to as- sure that operations on the North Slope meetorexceed established guidelines" Wade noted that Industry continues to Improve he environmental record. Second-and-ihird generation fields on the North Slope have been built with the benefit ofthe Prudhoe Bay experience. Responding to charges of wide- spread oil spills on the North Slope, Arco said since oil wells and production facilities are built on gravel pads, most spills never reach the underlying tundra. From 1981 to 1986, more than 90 percent of the spills resulting from oil production occurred on gravel pads. The 10 percent which spilled onto the tundra was completely cleaned up with minimum.distufbance to the land. . The company also noted that less than one percent of the surface acreage at Prudhoe Bay and Kuparuk-has been directly affected by oil field pads, roads and gravel sites. Even though some wildlife habitat has been lost, wildlife populations on the North Slope continue to grow. April 1968 / RESOURCE REVIEW / Page 3 A J an Conference leaves fresh resolves for new growth By Joseph R. Henri Editor's Note: The Proceedings of the "What Alaska Can Do For America" conference will soon be available at a cost of S20 per copy. The 200-page document Includes a thorough executive sum- mary, the text o each speaker's presentation and a list of all conference attendees. Can ADC at 276.0700 to older this useful reference document First come — first served. The stirring insights, the evocative phrases, the learned disser- tations of the dozen speakers, and the gathering of 400 Alaskans, are now shining memories. The Resource Development Council's Eighth Annual Conference, "What Alaska Can Do For America," was held in Anchorage February 26.27.1 personally had thought the 491h State could do is great deal, but in retrospect, my en- thusiasm for Alaska's possible contributions to the USA outran that of some of those who spoke. It Is understandable that this should be so; it is not dismaying. After all, we invited learned and important people from distant places, not only to hear from them, but so that they could gain better understanding of us — of Alaska, her abilities and pos- sibilities. By being with us and of us for two intensive days, the out-f-town experts caught the contagion of the Alaskan resource development enthusiasm. The attendees learned, and so did the speakers, And all those present learned from each other, fortified each other, took fresh resolves for economic growth and develop- ment in the reinforcing presence of each other. Those were two very good days. They were capped off, highligh- ted, and summed up in the closing session by Dr. William Ransom Wood, President Emeritus of the University of Alaska, and tireless. Intrepid promoter of the economic well-being of Fairbanks, and really of all Alaska. Bill Wood is the father of the modern University of Alaska. In reflecting on Robert Horton's keynote address, Dr. Wood expressed the shocked reaction of most of us to the Chairman of SP America's observation that Alaska has very little the world wants, and very little that Is "utterly indispensable UNLESS Alaska can find ways to produce the things the world wants at a price competitive with non -Alaska producers." r Resource ',,. For Long-time prominent Alaskans Joe U806111, Sr, Chairman of Usibelli Coal Mine and David Heatwole, an Arco Alaska vice pres- ident werepositive, Informative and optimistic In spite of regulatory and commodity pricing uncertainties. President Henri listens. Page 41 RESOURCE REVIEW / April 1886 , Resource Development Cound$j For Alue+ka Inc A ! 41 ,A i #_Yjit. . Robert 8. Horton, outgoing Chairman and Chief Executive Officer of SP America, stressed that one of Alaska's greatest assets and potential contributions to America Is Its bright minds. During the past four decades. Alaska has fallen Into and stayed In the category of "high -cost producer! Our remoteness from sup- ply, our enormous land mass so thinly populated, our sparse to non-existent infrastructure throughout the length and breadth of the land, our arctic and sub -arctic climates, high cost of living and resultant high labor costs, our lack of cohesiveness In the common purpose of producing a sound, enduring, rewarding economic structure fulfilling all legitimate human desires — except warm, balmy, year-round sunshine — have all contributed to our undesir able, "high -cost" reality. Further, both Dr. Wood and Chairman Horton reflected that we have not fully developed, utilized, or re- tained the young people or our state who could effectively work at reducing our "high -cost" problem through technology and better statecraft. Robert Horton reminded us that "bright minds are the greatest competitive advantage in the world" Our Resource Development Council Education Foundation was formed to educate Alaskans and Americans In general about the resources and advantages of Alaska. Dr. Wood and Governor Cowper have proposed legislation in the Alaska House of Repre- sentatives, H.B. 390 and 391, which would contribute to the proof of Alaska's bright minds, helping us achieve the competitive advan. tage of young, energetic, eager and intelligent Alaskans. On a long range basis, this better education must be one of our primary goals, What about the rest of the effort? How can we "produce the things the world wants at a price competitive with non -Alaska pro- ducers?" The Canadian provinces seem to offer examples of what to do. For example, British Columbia has a well developed road system, a vast hydroelectric generation and grid system, coal mines producing vast tonnages for export and local consumption, a timber industry which is the economic backbone of the three million people who make their home there, a sizeable output of placer gold, hard - rock gold, and other hardrock minerals. In a word, British Columbia has an enviable resource development economy. The province has been generous in providing infrastructure and other induce- ments to industry. The Canadian federal government has also encouraged its citizens in developing the country. Over the years. British-Cotumbia has had a plan, and it has stuck to R well enough to create a great jurisdiction. any By plan worthy of the t, Alaska has name.number As Dr. Wooadcrebut nded us "we're so busy with projects that we dont have any programs anti_, we have no priority guidelines and no policy, but we have projects' The sage doctor observed that "we concentrate upon distribution and pay practically no attention to how you create more wealth so you have a bigger pie to cut up. It doesnt make any sense." L r I • The All -Alaska Expo featured a variety of exhibits. At left, Easy 011brelh of the Alaska oil and Gas Association makes a strong pitch for opening ANWR to Rod Koons of the Port of Tacoma while RDC board member Rex 1318170pp listens. At right, Mayor E►ling Johanson of Cordova makes his case for the new highway to Cordova. Contrary to the example of British Columbia, Alaska has no Infrastructure program. Once in a while we do something; more billion barrels. OPEC holds 82%of the world's proven oil reserves. Unless the American government and the Alaskan government 4 often we talk about something for a great long time through a series of studies covering years, and then drop the project. Susitna encourage investment in oil and gas through lower taxes, reduced regulatory and statutory barriers, and by granting tax credits for ! Dam Is a perfect example. That generating capability was first ready to go to bid in 1962. under the presidency of Harry S. Truman. hydro- actual oil and gas development, we cannot rationally expect oil and gas to give Alaska a new bonanza. America's foreign trade imbalances dictate attention to a larger volume of domestic The succeeding Eisenhower Administration announced a electric policy of "no new starts," and that was the first time that great production to decrease our nation's trade deficit. The OPEC oil the Susitna Dam project was abandoned. Southcentral Alaska will be cheap and alluring, and we are In danger of becoming I would not be in an abject depression today had we had the fortitude resourcefulness to proceed with Susitna. As BIII Wood said, grossly dependent. There is so much that must be done in the 49th state to give j •and "We circle the wagons and shoot one another... no matter how good the idea is, three meetings later it is dead." Its citizens a good economy; there Is so much that can be done here to give the United States the resources it needs, the foreign Alaska has a very large income, including almost $1 billion per year which the Permanent Fund earns. With creativity and In- trade exports it desires, and substantial added revenues to the U.S. Treasury through the expansion of Alaskan commerce and genuity. our vast income could support capital improvements based upon a long-range plan of economic development. Unless we do industry. Alaskans are a bright people; we are wall educated as a group; but we are divided and of many counsels as to how to adopt a highly intelligent and forceful plan, and pursue It vigorously, In season and out, Alaska's economic future cannot be expected proceed. RDC's 1988 conference has given us a thumbnail sketch of a good plan. I hope we are competent enough and resolved to substantially improve. Conference speaker Dr. Charles Ebinger of the Center for enough to capitalize on the Ideas, to do the hard work and spend the long hours it will take to adopt a workable economic develop - Strategic International Studies, Washington D.C., reminded the ment plan, and to begin to see the fruits of our labors in the near conference that the crude all reserves of the world had Increased future. by 27% during 1987, the OPEC countries alone having added 165 Workers' Compensation Reform By Stephen M. Rehnberg, CMA In 190, Alaskan employers received a record 25% average Increase in workers' compensation Insurance premiums after a The Senate, recognizing the Importance of this legislation to both business owners and labor, passed the workers' compensa• 146/6 average Increase the previous year. The skyrocketing pre- miums have forced many Alaska -based businesses toclose, result- lion reform bill unanimously with only minor technical corrections. The reform measure is now slowly working Its way through the ing in a loss of jobs for Alaskans. For the past 18 months, individuals representing Alaskan em- House Judiciary Committee where opponents have proposed amendments that are designed to kill the measure or will result in ployers and Alaska's labor unions met as a combined labor -man. agement task force to study -and recommend changes in the work- increased costs to employers with no resulting Increase in benefits to injured workers. The bill drafted.by the labor-management task - ers' compensation statutes. The goal of the task force was to reduce the cost of workers' compensation in Alaska, but not at the force and passed by the Senate has been endorsed by chambers of commerce around the state, labor unions and employers. Main expense of the injured worker. Specialists from inside and outside -"} Iaska were consulted. Representatives from the State Division opponents of the -bill have been chiropractors and attorneys -who earn significant incomes from the present workers' compensation 61 Insurance and Workers' Compensation assisted in task force deliberations and the review of claims data. The result of the labor. system. Alaskan employers are urged to write or call their elected rep• management task force work was a carefully crafted, balanced and fair reform legislation Introduced concurrently In the Senate resentativestoencourage them tosupport the workers! compensa• tlon reform bill as passed by the Senate. The workers' compensa• by Senator Tim Kelly, S8322, and in the House by Representative tion bill is necessary to assure Alaska's business competitiveness Dave Donley, HB352. and to save Alaskan jobs. April 1988 / RESOURCE REVIEW / Page 6 LIM J Tongass tempering There was no surprise whatever as the House Interior Committee votea to repeal a 1980 federal low regulating timber her - vesting In the Tongass National Forest in Southeastern Alaska. The legislation Is a major goal of the environmental lobbies. They have made it a national crusade - and, naturally. used It as a marvelous fund-raising tool for their own organizations. The Tongass campaign Is a counterpart to their same efforts and some fund-raising goals to prevent any oil and gas exploration on the coastal plain of the Arctic National Wildlife Refuge in north- eastern Alaska. Fortunately, the battle isn't over - on either issue, as a matter of fact. But the vote In the house committee points out clearly the difficulty Alaska faces In trying to carve its own destiny, Many congressmen, sad to say, regard Alaska as less than a state than as a na- tional preserve and zoo. Alaska, to some, Is a perfect opportunity to compile a wonderful environmental vot- ing record - without endangering economic development and jobs In his or her home district. It matters not to them that their votes might close down economic opportunities in Alaska, so long as they don't have to cast votes to do the same back home. Couple that attitude with the disturbing knowledge that all too many congressmen are ill-informed and uninformed about Alaska, and a feeling of almost overwhelm- Ing frustration results, In the case of the Tongass, all of con- gress has been Inundated with emotional pleadings that paint totally erroneous pic- tures of what logging in Southeastern Alaska is all about. And many have been persuaded by half troths and deliberate misstatements. One of the more disturbing things about the whole affair Is that the forestry activities now under attack are the very same that were agreed to by the environmentalists at the time the law was passed - under a compromise that created huge wilderness expenses covering SA million acres of the area. One congressman called the Tongass "almost a scandalous operation" There's something scandalous afoot here, all right. But it's not the existing law or the harvesting operations. Republican Rep. Don Young of Alaska summed It up by saying the House commit- tee plan 'basically shuts down the mills." That represents 6,000 jobs, says Mr. Young, "a commitment made to the state of Alaska" Unfortunately, Alaskans know all too well about the lack of permanency in con- gresslonal commitments to Alaska. What is happening on the regulation of the Tongass is but another sickening exam - pte of how environmental lobbies manipu- late members of Congress, and in the pro- cess feed their own treasuries with mail order appeals for money from gullible but well-meaning members of the public who know little or nothing of the real Issues in Alaska. - The Anchorage Times, March 31, 1988 RDC opposes primitive land us proposal The Resource Development Council strongly opposes the Alaska Center for the Environment's pro- posal to create a new primitive land use classification for state land. "Clearly the AlaskaConstitution Is at Odds with this proposal," said Becky Gay, the Council's executive director. Gay said the multiple -use, sustained -yield mandate of the Con- stitution places any such restrictive administrative action in grave jeopardy to legal challenge. Alaska has some of the strongest environmental protection statutes and regulations of any state. RDC maintains the state does not need a primitive classification to ensure the availability of options and oppor- tunities for future generations. Exist- ing laws are specifically designed for that purpose. RDC firmly believes Alaska's fu- ture Is directly linked to the economl activity generated from state land More than any other resource in Its' control, state lands give Alaska the best opportunity to Influence the quality of life of all residents. -- Fable has two endings ... (contfrwed from page 2) The Ruling Body now had to make a decision, and at this point, our story has two different endings. ONE: The Ruling Body took the advice of the Crafty Member and its advisors and didn't give the magic ELF formula to ARCSAP or the other geese. ARCSAP continued to produce golden eggs at the same rate; but without the formula, she became weaker and weaker. Kuppie and Lizzle began to produce more golden eggs when they were taken off the magic ELF formula. With the new k gold, the Ruling Body kept all the chief advisors, deputy -chief ad- vlsore. the advisors and the outside consultants employed. As the, wears passed. ARCSAP, Kuppie and Lizzle became weaker and eaker until they finally dtedl When the golden eggs stopped, most of the chief advisors, deputy -chief advisors, the advisors and the outside consultants all left the northern land and went back whore they came from. The northern people had forgotten how to mine, fish and log and lived in poverty, entirely dependent upon pittances given to them from the great king who lived in Washdc located thousands of miles to the east. It was a miserable existence be- cause the powerful king at Washdc didn't really understand the �. Page 8 / RESOURCE REVIEW / April 1988 1 people of the north and why they had killed ARCSAP and the other geese. TWO: The Ruling Body believed the geese keeper and gave ARCSAP the magic ELF formula and allowed Kuppie and Uzzle to continue to use the formula. All three geese recovered and continued to produce golden eggs, although not as many as before when the WOP food made In the far away land was stronger. The Ruling Body could no longer afford so many chief advisors, the deputy - chief advisors, advisors and the outside consultants, so they fired many of them. Those people all went back to live where they originallycamefrom. Thenorthempeopleusedthetimeofreduced - - - golden egg production to re -learn how to mine, fish and log, and they become self-sufficient and no longer entirely dependent upon the golden eggs. - - - - - - - - - -- - - - After awhile, when the WOP food got a little stronger, ARCSi, . hatched a new goose called Sak. Sak needed huge doses of the magic ELF formula but produced numerous small golden eggs. With the help of the Ruling Body, the geese keeper and ARCSAP ` also hatched ANWR which produced more large golden eggs and the people of the north lived happily ever after. i Y r., ELF: Classic battle r erupts In Juneau Wonfinued from cover) Non -Oil state hundreds of millions of dollars in lost Revenue tax revenues. They believe the ELF should �� OII I.." Revenues not be applied at this time to large gelds &_q such as Prudhoe and Kurparuk. Th tr If enacted, a House proposal repealing ELF would bring $160 million In additional tax revenues to the government In Its first year and $1.2 billion over the next five years. Proponents of ELF wam that repeal of the long -promised incentive would dampen the economics of continuing projects — in- vestments which cost industry hundreds of millions of dollars and made with the Economic Limit Factor in mind. These pro- jects mean more jobs, exploration, de- velopmerd and production, but all of this Progress could be threatened if taxes under ELF are increased. Although Prudhoe Say may not be can. sidered a marginal field, Industry sources maintain that the application of the ELF at America's largest oilfield is appropriate be- cause newlndustry activities there are mar- ginal. The easy oil has already been pro- duced, and "marginal projects" aimed at Pushing back Prudhoe's decline will hold the key to additional production and state 0l revenues. Senator Mitch Abood, Chairman of the Senate Committeeon StateAffairs, pointed out that any negative effect of the ELF for- mula Is currently offset by Increased re- venue to Alaska from additional drilling and production. Abood stressed that ELF is working just as it was originally Intended. all is creating jobs, stimulating new economic activity and increasing recover- able oil reserves," Abood said. In addition, "It will increase the amount of oil and gas revenue the state will collect in the long run; the Senator added. However, state officials claim that be- cause ELF has created an incentive for operators to drill more wells, tax revenue `losses" are greater than anticipated. As a result, the Cowper administration and members In the Alaska House of Repro- sentatives want ELF out. Abood and his fellow senators point out such action would penalize industry for Increasing production and generating new revenues for Juneau. The ELF controversy has set up a classic battle between the Alaska House Rnourq MwlopnNM Council, MAL 11ie Ruw= Devetopmeln Coundl (RDC► Is Alaska's Itargest parsley funded nonprolil economic develop• mem OW11eti n working to develop Alaska's natural resources In an Goody manner end to ewe a broad• based, dhmefAed economy while protedng and on. Mono the envkonnNM. •® nn L and Senate. Alaska's struggling private sector appears to be lining up behind the oil industry, which supplies 88 percent per- cent of all state revenues and accounts for 84percentof alltaxespafd In the4gth state. Industry warns that the legislature will deal the state's economy a severe blow 0 it repeals the ELF. 901 Wade, president of ARCO Alaska, Inc., estimated Industry Is prepared to in- vest up to $28 billion in Alaska during the next ten years, but warned that an Increase In oil taxes will make oil companies think twice about making such large Invest- ments. He said repeal of ELF would send the wrong signal to the industry, especially when it is going through such turbulent times. Wade said his company plans to Invest $7 billion in the state, but tax stability Is the key to seeing those investments become a reality during a time of unstable oil prices. Tom Williams, Manager of Tax Planning e IV o sum Industry now accounts for 88%O of all state revenues for Standard Alaska Production Company, sold the ELF Issue today centers around whether oil taxes should be increased so that the state can continue spending at pre- sent levels for one more year. If the state repeals ELF, Williams asked, "What will they do two yeara from now when Prudhoe Say starts running out of oil? Raise taxes again?' W Whams continued, 'The power to tax le the power to destroy. "Unless we decide to sacrifice the oil Industry on the altar of state spending, our elected officials will havetocutgovemment back sooner or later, and they should start doing It now," Williams added. RDC members need to express their support for a stable tax policy. Tell your Legislators and Governor Cowper to sup- port ELF. A fremessaage (POM j may be sentto Juneau by simply dictating your message over the telephone. Call 561.7007 to send your message. Valdez refinery still alive Four proposed amendments to the Omnibus Trade bill which would have eliminated all ex- ports of Alaska crude and halted the construc- tion of a new Valdez refinery were killed recently by members of the U.S. House and Senate Can. ferenceCommittee negotiating a final trade bill. Congressmen Don Banker, D•Washingtan, and Howard Wolpe, D•Michigen, had led the effort to place a series of restrictions on the export of Alaska all and the construction of the Alaska Pacific Refinery in Valdez. However, Banker was successful In passing an amendment which would limit refined exports to no more than 50 percent of the average an. Itxewere commmw OMeere PreekllM .............. JouphNerer Vice Proeld�M ...................... S11eU►y VMS P10"M ....................... JoM Porce" vim PresldeM ................... I ...... 4ft Flow 114=44 ......................... Gloom t gu rrwurer ........................... wry "Man Past PISS. ....................... aw aroenaeid Exeauare oklew ...... ........... SKky L a" Pubik Relson vimw ................ Car Perbnen Prod Ceerdv...................... MW AtW MembM 6emo811 ................... Aeme M. sta ft nual output for new refineries In Alaska. The 60 percent limit places an export ceiling of 70.000 barrels per day on new Alaska refineries. Congressman Don Young was pleased with the Alaska congressional delegation's success In killing the amendments, but expressed die, satisfaction with the export limit, which he labeled discriminatory and unjustifiable. The compromise will allow Alaska to export 50,000 barrels of North Slope crude to Canada and continue to export Cook Inlet crude abroad. Most Importantly, It allows the Valdez refinery project to go forward. Resource Review Is the official momhlypubticamnof the Resource Oevelopnot Coundl, Box 100510, AIM chorege, Alaska 99510 — (007)270700. The ADC business office Is leashed at 1o7 O WK Suite 200. Anchorage. Materiel In the publication may be repdMed without permission provided appropnete credit Is plum. Cad Podman Editor A AdveNsing WWI April 1988 / RESOURCE REVIEW / Page 7 L i rALASXAN UPDA TIE, la T A Research Review Published by Member Companies of the Lease Planning and Research committee ��. ,A M r/- I { Witter 1988 •Wlume O. Number I A Study of Bowheads and a Drilling Site In the Beaufort Sea Among several recent studies by oil companies of bowhead whales in Alaskan offshore areas is a 19M investigation of underwater noise from a drillship oper- ation and the location of whales in rela- tion to the drillship site during their fall migration. The study took place at and around an exploratory well drilled by Unocal in 105 at the Hammerhead prospect about 13 miles north of Flaxman Island in the central Alaskan Beaufort Sea. This was the first well drilled in the Alaskan Beaufort Sea by a drillship, al- though drillships have been working in the Canadian Beaufort Sea since 1976. The ice -strengthened drillship CanmarExplorer It and several sup- port vessels were on the site. (Continued on page 3) New LPRC Officers for 1988 New officers of the Lease Planning and Research Committee were elected at the December 1987 meeting and took office on January 1.1988. for one year. They are Mike Colas of Amoco, Chairman; Georges Chateau of Elf Aquitaine. Vice Chairman; and John RuserofShell, Secretary-71reasurer. The LPRC also elected the following Advisory Subcommittee members: JoAnn Boss of Exxon, Rich Oaar of ARCO,_%Valt Spring of Mobil, mid klike Utt of Unocal. Outgoingoflicers are Rich Ogar, Chairman -.-Chuck Enze of Shell, Vice Chairman; and %like Colas. Secretary- lVeasurer. The 11 oil companies that are mem- bers of the LPRC publish Alaskan Update. ■ L Air Quality at North Slope Oil Fields in Alaska The quality of air in the vicinity of oil fields on Alaska's North Slope, including Prudhoe Bay, always has been far better than federal and state standards for the area, according to two publications by Standard oil and ARCO. operators of Prudhoe Bay oil Field. Government data summarized in these publications also refute recent al- legations by some environmentalist groups that the oil industry has created severe pollution there, comparable to that in huge U.S. cities. The two publications are "Air Quality Issues: The Prudhoe Bay Oil Field in Perspective," June 1987, by Standard Oil; and "Air Issues on the North Slope of Alaska," 1987, by Jim A. lives and C. Scutt Ronzio of ARCO. Following in this article are reviews of several aspects of North Slope air quality discussed in these publications, including: • government standards for emissions on the North Slope and elsewhere; • sourcesofemissions. • monitoring ofambientair quality; • comparisons of Prudhoe Bay air quality with other U.S. areas; • the phenomenon called arctic hate. Government Standards for Air North Slope air quality must meet standards set by both the federal government and the State of Alaska. In 1970. Congress passed the Clean Air Act, which established national ambient air quality standards. The-U.S. government sets standards for allowable levels of ambient amounts of six Pollutants: • nitrogen dioxides • carbon monoxide • ozone • sulfurdioxide • total suspended particulates • lead There are two standard levels for each area: primary and secondary. In 1977, an amendment to the Clean Air Act set limits on increases in pollut- ants in areas that met the national stan- dards. This was to ensure that air quality i does not deteriorate because of new construction or new pollutant sources. These are called attainment areas. When these allowable increases in pol- lutants are added to the previously ex - fisting baseline concentrations, new standards that are more stringent than the national ambient air quality stan- dards often are created. - The entire North Slope is such an attainment area and therefore has i more stringent standards. The North Slope and most of the United States has been assigned Class II standard rank, allr wing for moderate growth. Class III areas are heavily in- dustrialized, and increments allow for significant growth. Class 1 areas are pristine environments where minimal Increases are allowed, such as Denali National Park in Alaska. In an attainment area, both existing and now emission sources are required to use the "best available control tech- nology" to minimize emissions. A now source must meet national limits, be analyzed for inquut, and undergo start- I up tests. ; Emission Sources The main source of emissions on the � North Slope is facilities which burn nut- und,gasc.. Naturalgas-isprothiced-along- with oil from the field and is used as fuel fir turbines, which generate electricity l and drive pumps. -and forheaters; which heat facilities Inr personnel and ►repat oil for transport by Apeliue. (Oil pro- cessing is describe in the Q & A article j on page 4.) (Continued on pate 2) L -1 Air Quality at North Slope (Continued from page 1) Natural gas is one of the cleanest. burning fuels available. It contains no lead. During combustion, it produces minimal amounts ofcarbon monoxide, ozone, sulfur dioxide, and particulates. The only pollutants that it can emit in undesirable quantity are nitrogen oxides. Nevertheless, even nitrogen oxide levels at Prudhoe Bay are well below the federal limits, as is shown in the next section. Monitoring of Air Quality Two methods of monitoring determine compliance with national standards: (1) equipment is "stack -tested" to check actual emissions and (2) ambient air is tested for pollutants. Stack -testing: New equipment must undergo stack -testing procedures of the Environmental Protection Agency. On the North Slope, a third -party indepen- dent contractor runs these tests. A rep- resentative of the Alaska Department 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). Membercompanies are: Amoco Production Company ARCO Alaska. Inc. Chevron U.S.A., Inc. Conoco one, Elf Aquitaina Petroleum Exxon Company, U.S.A. MarathenUil Company Mobil Oil Corporation Shell Oil Company Standard Alaska Production Company Unocal Address correspondence to: Ray Piper Editor, AlarkanUpdate Ray Piper Company, Inc. P.O. ttox99.1S7 Seattle, %VA 99199 I1lailin list: Any individual or group -may ask to - he placed on the mailing list. There Is no charge. just return the coupon on page 8 or send names on the letterhead of your organization. 3 AtaskanUpdare L Environmental Conservation (ADEC) usually has been present as a monitor. Gas -fired turbines produce most of the nitrogen oxide emissions. In the Standard Oil publication previously cited, a chart shows how stack tests of Prudhoe Bay turbines of various horse. power have determined that nitrogen oxides are well below the maximum levels allowed. Ambient air monitoring: Again the Enviromental Protection Agency sets monitoring procedures and requires special monitoring before new facilities can he installed. For example, the EPA required a monitoring program in 1979-80 before granting permits for new facilities at Prudhoe Bay. At that time, all pollutants were found to be well below national limits, with the exception of a one-time exceedance for particulates. This iso- lated event was attributed to wind. blown dust caused by high winds, not to equipment emissions. Several years after the 1979-80 mon- itoring, the ADEC took over responsi- bility for air -quality permitting in Alaska. The ADEC, in consultation with the EPA, decided to require post - construction monitoring. This began in 1986 and extended into 1987. Both a "near -field" monitoring station and a"far-field" station were used at Prudhoe Bay and Kuparuk oil fields. The near -field stations were placed at the maximum source of impact on air quality, and the far -field stations were several miles downwind of facilities. The charts on the opposite page show the results of measurements taken at Prudhoe Bay for the main pollutant of concern, nitrogen dioxide, as well as for ozone, sulfur dioxide, and particulates. In all cases, the charts show that Prudhoe Bay concentrations were well below the national standard (limit). Kuparuk results were similar. Lead was not measured because it is not a factor at Prudhoe Bay. The ADEC did not require monitoring of carbon monoxide for the 1986-87 Prudhoe Bay study, but carbon monoxide was mea. sured there in u 1979-80 program (see data in next section). Comparison of Frudhoe Bay Air with That of (Large Cities An examination of the ambient air atunlity concentrations at Prudhoo Bay stows that none even approaches the levels in large cities. The national standard finr carbon monoxide Is 9 parts per million (ppm) for an 8-hour period. New York City, Los Angeles, Washington. D.C., Da-u. ver, and Anchorage regularly exceivd this with levels its high as 17, 22,14.6. 26. and 10-12ppm respectively. At Prudhoe Bay, maximum concentrations measured have not exceeded 1 plum (this data is based on the 1979-80 mon- itoring program). The national hourly standard for ozone is 235 micrograms per cubic me. ter. New York City, Los Angeles, Wash. ington, and Denver can have up to 370, 764, 292, and 285 respectively. The all. time maximum in Anchorage is 78; dur. ing a 1985 monitoring, monthly aver- ages were 10-37. At Prudhoe Bay, ozone has averaged 55 and has never exceeded 175. - The national standard for sulfur diox- ide is 365 micrograms per cubic meter (24-hour maximum). New York, Los Angeles, Washington, Denver, and An. chorage do not exceed this standard. New York has reached as high as 198. Los Angeles averages 80 and Denver 78. Washington can reach IS and An- chorage 23. However, the maximum Prudhoe Bay concentration is below 16. The national standard for nitrogen dioxide is 100 micrograms per cubic meter. New York averages 68, Los Angeles 118, Washington 74, and Denver 94. Anchorage levels are so low that the EPA no longer requires mon- itoring. Monthly average concen- trations at Prudhoe Bay are below 15. Arctic Haze The phenomenon called arctic haze is another air -quality issue that has been widely examined recently. Arctic haze was first described in 1956, long before any North Slope oil facilities were built. A process for "Bngerprintinl ' emis- sions particles has shown that the hum comes from industrial pollution pro- duced in Europe and Asia. Smelting and coal combustion are sources of the have. The Ural Mountains industrial complex in the U. S.S. R. has been sug- gested as the sourcm. Other researchers identify central Eurasia m the primary winter source and Europe as the spring source. Also, because the haze is finnnd at high altitudes over Prudhoe Bay, sci- entists believe that North Slope sources carte not contributing. During an overflight at Prudhoe Bay in 1980, NOAA lbund no contribution to the haze from oil and gas production facilities. Air emission data gathered at the ground then did not match the arc- tic haze "fingerprint."■ ww..i PRUDHOE BAY AIR QUALITY These four charts slwtc tneasnrcntents of four types of air pollutants at the Prudhoe Bay Oil Field taken from late 198E through early 1987. Note that none of the pollutants even approaches the limits set by the federal government fur the Prudhoe Bay area. An article about Prudhoe Bay air quality, which explains the meaning of these charts fort ter, begins on page 1. Key to Charts: Measurements Icere taken at two monitoring stations: a near f tell station at the source of maximum-possible.pollution ands far- f leldstation some distance dorcntcind. •twItl8mom •Farsald8tadott A Study of Bowheads (Continued from page 1) A drillship is a self-propelled vessel which is designed to serve as an off- shore platform for drilling oil wells. It is outRtted with a drilling rig and all other necessary equipment. For arctic waters, the hull is "ice -strengthened" eith extra steel to resist the forces of sea ice. Six oil companies funded the drillship study. Contractor LGL Ltd. and sub- contractor Creeneridge Sciences Inc. carried out the study. Objectives were to determine: • the location of whales in relation to the drilling site, • underwater noise levels and charac. teristics generated by the drillship operation, • variations in noise levels over time. Whales were monitored by aerial surveys and an acoustic system. The study could not cover actual well -drilling noise at the Hammerhead site because the federal government prohibited drilling in that area during the 1985 bnwhead migration season. At that time, no direct studies had been made of whether noise front exploratory drilling harms bowheads, but the re- striction prevented drilling at a time when such studies could be made. (In the next year, -I98B,-the govern- ment allowed drilling during the fill -whale migration fir the first time, and Shell vommissioned LCL to study whale reaction to drillship noise at the Hammerhead site and at Corona, an- other drilling site to the east. Results of the 1986 study are not included here.) L NITROGEN DIOXIDE (Mean monthly values) to 00 200 too $ 70 tgo to M. 60 120 ,a0 eo 00 • ea 20 et to 91 0 1 IL ab 121ag lm I2NOW 1aa 1a1ay IM SULFUR 010)(10E (Maximum 244to anoaoVatlons) Oct Nov Die An Fib logo IM /tee Ivey toga In 1985, the year of the study reported here, drilling at the Hammerhead site was completed before the fail whale tnt- gration began. But the drillship and support vessels were still on site involved with well testing during the early part of the migration. so some useful infor- mation about the noise characteristics of drilling operations could be gathered. In addition, the drillship and support vessels moved east to the Corona site during the middle and end of the migra- tion. At the Corona site. well preparation activity was permitted during the migra- tion.'ltie aerial surveys of whale lerca- tions extended far enough east to include the Corona site as well. So, even though the study muld not cover direct tests of whale responses to drilling, it could cower measurements of some drilling( -related noise sources. Noise from the drillship site Included that from the drillship duringwell test- ing and also that from a Class 3 ice- breaker and I%voice.reinforced supply ships, which were quite actitle because sea ice conditions in 1985 were severe. The researchers also monitored where whales migrated In the area and OZONE (Maximum 1-ttowconoantratws) Nov Dec Jan Fae 12ea im t20r ttNr vARTICULATEB (Maximum 24•how Cste49ntrtl"*l counted them through aerial surveys. Then they compared this informution with other whale observations that year and from previous years. Note. In the fall migration, bowheads move from their summer feeding grounds in the Canadian Beaufort Sea westward to the Chukchi Sea and then south to their wintering grounds in the Bering Sea. The study took place between August 27 and October 20, 1985. Acoustic mon- itoring went on between August 27 and September IS. Aerial surveys were conducted between September 5 and October 20. The first howheads in the study area were spotted September 11. Observers { from the National Marine Fisheries Service of lcially declared that the full migration began September 24. - The study report is entitled Bowhead whales unuj* Undencater Noise near it + nrillship Operation in the. Alaskan ` Beaufort Sea.19115. The project s list — - as Ift330 in a research record hook muiu- tained by the Alaska Oil and Gas Associ• ation in Anchorage. (Continued on page 5) Alaskan update 3 1 (, L J7 This is floe thirteenth in a series of articles designed to anmer basic ques- tions about the petroleum industry. These articles may be photocopied for distribution or use in schools. Back issues are available. The fluid that comes out of an oil well usually is a complex mixture of crude oil, gases. water, and a small amount of sediment (solids). Before the oil can be shipped to refineries by pipeline or tanker ship, it must be separated from the other fluid components, measured, and tested. In addition, the non -oil components must be used or disposed of in ways that are both economical and safe for the environment. For the separation process, a system of treatment facilities and holding tanks is required. The process is summarized in the chart on the opposite page and is 0 described in the following sections. The Separation Process The first step is to separate the liquid components from the gaseous by pass- ing the well fluid through a separator system. In the first chamber of the system, well fluid is swirled to make oil -laden liquid particles collect on the walls. In addition, gravity causes oil -laden liquid to drop to the bottom of the chamber. The separated gases rise and are removed. The separated gases still contain some small oil and water particles, so they must be swirled again in another chamber of the system to remove as much oil and water as possible. The separated liquid also still con- tains some places and is run through a second separator (or through a third or more operated at successively lower pressures) to obtain the maximum purity possible... _ After gases are separated from the liquid, then the liquid must be sepa. rated into water and crate oil. Part of the water, called free water, separates easily in a vessel where the lighter oil rises and floats on the heavier water. But another part of the water may not separate naturally because it is Atakan Update L r— How Do They Prepare Crude Oil for Transport to Refineries by Pipeline or Ship? trapped in an emulsion with the oil (where minute globules of one fluid are distributed throughout the other). This happens when the fluid is agitated as it flows from the well in the presence of substances called emulsifying agents, such as asphalt and resinous materials which occur naturally in the well fluid. Some oil -water emulsions break down easily, but others are stable and must be treated by neutralizing the properties of the emulsifying agent with heat, chemi- cals, and/or electricity, usually in a device called a heater -treater. Disposal Processes for Gas and Water A variety of methods may be used to dispose of the gas and water removed during the separation and treatment process or to make use of them. Disposal must cause no harm to the environment. Several methods make good use of most of the gas, which is natural (hydro- carbon) gas. Sometimes the gas is of commercial or fuel quality. so it is used to power equipment at the oil field, is piped off to market, or is liquefied for shipment. Other times, the gas is injected into the fluid columns inside oil wells to aid removal of the oil. This process is called gas lift and was described in the Q & A article in the Spring 1987 issue ofAlas- kan Update. In other situations, the natural gas is pumped directly into the pore spaces of the oil-bearing rock formation to aid re- moval of more oil than could be obtained otherwise. This process was described in the Q & A article in the Summer 1987 issue ofAloskan Update. - In still other situations where there is no need for the gas in oil production and no way to get it to market (as on a re- mote offshore platform), the gas may he reinjected into other subsurface rock limitations fir future use. At the_oil fields oft Alaska % North Slope such as Prodlne Bay, separated natural gas (called "produced gas") either is consumed as fitel for engines and gen- erators or is reinjected into the oil field to aid recovery through the methods just described. This means that gener- ally there is no need to burn gas in a Rare system. However, flares have been installed at a number of facilities to serve as it safety relief system should a potentially dangerous situation develop like fire. power loss, or equipment failure.11ten high-pressure hydrocarbon gases being processed must be discharged and burned in a flare. Flares burn gas at high temperatures in the open air and leave very little or no ash residue. They have combustion efliciencies of up to 98%. Under ordinary combustion condi- tions, flares produce little or no visible smoke. When they are used during facility start-up or emergency situations. they may emit black smoke, which is unsightly but of little harm to air qual- ity. The blackness results when gas is incompletely burned, leaving carbon particles, not harmful pollutants. In addition, situations that produce black smoke rarely take place and then for a brieftime. In the gas separation process, small quantities of other gases may Le re- moved along with natural hydrocarbon gas. Some of these like carbon dioxide are natural components of air and may be released into the atmosphere. Or. these gases may be reinjected into a subsurface rock formation along with reinjected natural gas. In some fields, a gaseous component is hydrogen sulfide, which at certain concentrations is very toxic to human beings. It also is very corrosive to met- als. Whenever this gas is present in well fluids, all subsurface and surface sys- tems are especially designed to protect against its various hazards. Disposal methods fir water removed from well fluids depend on several fac- tors, including salinity and geography, Usually, separated water contains many salts dissolved from the limitation rock and mate le as salty its sea water. For this reason, in some offshore areas, this water miry be treated and then safely pumped into the sea. In other offshore areas and most on- shore areas. separated water is treated and reinjected into subsurface rock for- mations. sometimes the oil -hearing for- mations. On Alaska's North Sloix% part of the separated water is treated and i i reinjected into rock formations beneath the permafrost; the rest is reinjected In addition, records must be kept for financial reasons, including payment of A StUdy Of BOWheads (Continued from page 3) into the oil -producing formation to aid oil recovery. in same other U. S. rovalties and taxes. The quality and viscosity of the crude 'be Aerial Monitoring of Idowheads least two As^ areas, separated water is curried to government-approved disposal zones oil also mustmeasured. Oil deliv- ered to pipeline or transport companies An airplane with at ers aboard to spot bawhead whales on the water flew over the wham it is allowed to evaporate or is reinjected into subsurface formations. and water disposal is must meed their standards. Samples are tested for BS&W con- tent, temperature, and "API gravity." the surface of area in a pattern of straight lines several times during the study. Lines flown Produced gas regulated by the state and/or federal that monitor the oil field. API gravity is it standard industry mea- surement for cite viscosity of crude oil at near where whales were spotted are shown in blue on the map on page 6. during agencies 600 F, set by the American Petroleum Locations of the 35 whales seen Handling of Separated Oil a oil fields, separated crude oil Institute. it is measured with a hydrometer. five flights along these lines at various times are shown by blue symbols. " . Inmost steel tanks with bottom is stared om drain for BS&W (basic om The crude oil from each field is dis- tinctive in viscosity, as well as in its dif- Aerial surveys cannot detect all bow - head whales, only those at the surface. removing mein and water) that full to the bottom ferent hydrocarbon components. Gen- eral terms used to classify viscosity are Studies are still going on as to what per. tentage of whales may be at the surface k and collect there. The crude oil must he measured and tested before transport by pipeline or light, intermediate, and heavy. West Texas Intermediate is the benchmark at anyone time. A survey in September 1985 in the eastern Alaskan Beaufort y looker ship. The volumes of oil (us well as gas and crude oil used for reporting current (spot) oil prices in the daily news. Sea estimated 12%. During 1985 around the time that the for were con - water) produced on each lease area are water) by the operator every 24 re Note: the oil from each field commands its own price, depending on its viscosity, aerial surveys this study ducted, three other aerial surveys were by ` hours are monitored constantly. This maybe a government require- components. and other factors. Today, at most oil fields, the sepa- carried out other organizations— one to the east, another to the west, l' meat when the rate of oil production is ration, measurement, and testing pro- are highly automated and and a third in the same general vicinity. In all four surveys, whale densities y set by state or federal regulations. These "aliowables' are based on a rate ceases computer -controlled, were very similar (0.0046 whales per of production that will protect the oil- bearing formations so that the maxi- When oil is produced from an off- shore platform, all of the processes just described take on the plat- square kilometer). In 1985, all but one of the whales ml- grated through an area similar to areAp ( mum amount of oil can be recovered over the life of the field. Too rapid a rate decrease usually place form so that the crude oil leaves the in similar condition to that identified in previous years, but they., tended toward deeper water than in can damage the formation and platform transported from fields on land.■ some previous years. In 1fi85, no bow- ultimate recovery. heads were spotted in water less than _. about 98 feet deep. In previous years. whales general have been spotted in d STEPS IN PREPARING CRUDE OIL FOR TRANSPORT UOUID Is separated Into: WELL FWID(amixture •CRUDEOIL of all, gese i, water, and • WATER eedlmenl) le sepereted Into: • UOUID NATURALGAS le: . ems • used for fuel attheall Helder • shipped to market or • relnlectedintotheoil 1leidtolmptove productionor • relnjeotedintoother rack formations for _ -- future use..--- OTHEROASESare: • released in the air or • reinjected with natural 9118• . , the 59-98 foot epth range. Likewise, in two other 1985 surveys (those to the east and west of the Ham- merhead and Corona sites) few whales were spotted in water less than about 98 feet deep. Most howheads passed the Ham- merhead site after the drillship had left and moved cast to the Corona site. It h f lion cite L As a result of a t is in arms , l researchers concluded that the absence of whales in water less than about 98 feet deep or near the Hammerhead site 4 should not be attributed to noise at the site, but to a natural, overall pattern for the 1985 migration. Underwater Sound Studies Two systeuas were used for under. - 7 1 -- ,: . water aatntsik, monitoring. y rup and acoustic Ihuays. For the first, four hydrophones (one i such ut depths of nbaut 9.8.19.7, 2f; -• - � _ - - - and 59 feet) measured underwater j noise. They were placed at various dis- 1 tunes from the drillship, ranging from (Continued on page 6) Alaskan UPdaw S 1 1 u A Study of 6owheade (Continued frpm page 5) ►bout 0.12 to 5.7 miles, and at three different directions from the ship (port side, bow aspect, and starboard side). Sound levels were measured in vari- ous frequencies in the range of20-1000 Hertz (cycles per second). The frequency range was chosen because bowhead calls are predominately in this range. In general, the noise level was found to increase as hydrophone depth in- creased. Noise levels along the port and starboard sides were comparable and slightly higher than levels on the bow. In general, the rate at which sound levels diminished with increasing dis- tance from the drillship was not rapid and was less than expected (based on previous studies in the Canadian Beau- fort Sea), but certain components of the sound that appparently originated at or near the drillship did decrease at the expected rate. A significant level of sound apparently generated by a sup• port ship with damaged propellers may have biased these acoustic results. In addition to the hydrophone mon- itoring system, an array of five anchored acoustic buoys was installed about 6.8 IWIles east of the Hammerhead site and operated for nine days in September until it was destroyed by ice. The acoustic -buoy system was de- signed for two purposes: (1) to test the feasibility of tracking bowheads through monitoring their calls and (2) to mea- sure variations in drilling -related noise over time. Unfortunately, no bowheads were heard because none appeared to be in the area during that period of the study C ' - 0 0i?i 0 • . This map shows the locations of migrating bowhead whales sighted during the study involving drillship operations described in the article beginning on page 1. Whales are shown by blue symbols. The straight blue lines indicate the route8 lown by an aircraft with observers aboard to spot the whales. Five f lights, each covering all these routes, wereflown lown between September 11 and October 20,1985. (as revealed by the aerial survey), so it was not possible to test the system capa- bility for trucking whales. Nevertheless, the researchers found that calibration tests involving industrial sounds showed that the system had good localization capability and appeared to be a viable monitoring tool. They concluded that Industrial noise could mask the de- tection of distant whale calls as for away as about 0-7 miles from the drillship. The buoy system also was used to evaluate temporal variation in noise surrounding the drilling site. Sound levels and composition were deter- mined for segments of 8.5 seconds taken once each hour for 176 hours. For 9517a of the hours studied, noise levels exceeded natural sounds that would be expected under gale weather conditions, called "sea state six" condi- tions on the Beaufort Scale. Noise levels in the 20-1000 Hertz band fell below 113 decibels only 5% of the time.■ 1 1 1 Please add the following name to the Alaskan Update Please check appropriate box: 1 1 / mailing list. Library D Industry O Media O Cenral O 1 / Government: Civil Servant O or Elected ❑ 1 1 Name Academic and Scientific O 1 1 / Pogtion 1 1 / 1 OrKunlxuuon � 1 - - - Nail tot - 1 / Address Editor, Alaskan Update i l % Ray Piper Company, late. f -A _ T.O. Box 99427 - 1 City- Seattle,%VA 98199 / slate rostalGKte / / ti Alaskan Update rc> J f- - - i i f �i �I I.l. It 1 �I I tt X NFO - 1261 - pe 0 -I "Oil i it .t. S� YZUTM DIPLQMAI SEMIl� A Five-day Seminar to Acquaint 1213j} You and Your Employees �1'�91oil With the Powerful Potential of Tourism April21 $osD/talttt4lteractloChamber by Sue Carter, Kenai , Kathy Scott,-Soldotna Chamber, -- - and Dave Nelson, Department of Bob A Game April29 plaM 0041 as mer of the Central Peninsula Area by Dr. Man Borass, Kenai Peninsula College and Milo Flothe, Kemal Peninsula College My g• &seal alAMW HUdV& Relun(at the Refuge) by Candice Ward, Park Ranger May 12 Rc_ott ells of Tourism by Stan Steadman, Economic Development Officer May 19 20M WM the Pub_tic Gloria Whitaker, Former Stall: iember Tok Visitor Center i 71 i CITY OF KEN " d eae" 61 4494a" ZIO NVALAO KENAI, AUSM 9MI ff i TOMMON1 AA,1.7SW f TO: Vincent O'Reilly, Economic Development Commission y of Kenai FRO mothy J. Rogers, City Attorney City of Kenai DAT April 27, 1988 RE: Cold Storage Draft Lease Attached please find a copy of the draft cold storage facility lease. We would appreciate the Commission read over the lease • and submit in writing any proposed additions, corrections, { deletions, etc. which the Economic Development Commission may suggest. Thanking you in advance for your cooperation in this matter. 1 f CITY OF KENAI %Od Gap" aG 4" 210FWAL00 KENAI,ALASKA Nell TELEPHONE M • 763E April 15, 1908 Mr. Gary Ervin Seafoods From Alaska B. O. Box 307 Sterling, Alaska 99672 Dear -Mr. Ervin: The Legal Department asked that t send you the enclosed draft lease document for the proposed cold storage facility for your review and comments. This is the proposed lease to be included with the City•s grant preapplication. incerely, Dana M. Gerstlauer Administrative Assistant C11 0 PROPOSED LEASE OF SPACE WITHIN THE CITY OF KENAI COLD STORAGE FACILITY THIS AGREEMENT. entered into this day of . 1988, by and between the CITY OF KENAI. 210 Fidalgo Street, Kenai, Alaska 99611, a home -rule municipal corporation of Alaska,- hereinafter called "City". and . individually and hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District. State of Alaska; to wit: Storage space within the City of Kenai Cold Storage Facility (Facility) as more fully shown on Exhibit "A" attached hereto and incorporated by reference herein. A. PURPOSE: The purpose for which the Lease is issued Is: Cold storage of fish and fisheries products a. Tom: This lease shall commence on the day of _ 119_ and expire on the 30th day of June. C. RENIAL. EAMMENT: Rental for the above -described space shall be payable as follows: 1. The annual rental rate shall be per square foot of storage space. 2. Annual rent for the fiscal year beginning July 1 end ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,600, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent In equal monthly installments, payable in advance on or before the first day of JulY and on or before the first of each month thereafter.. 3. Rental for any period which is less than one (1) year shell be prorated based on the rate of the last full Year end shall be paid in advance. 4. In addition to the rents specified above. Lessee agrees to pay to the appropriate parties all levies, assessments, and charges as hereinafter provided: (a) Taxes pertaining to the leasehold interest of the Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (a) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the leased property. (d) Interest at the rate of eight percent (8S) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. D. SEWER& rOVENANTS 1. USES: Except as provided herein, any regular use of lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise. other than as specifically set forth herein, upon, in or above City lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTING: Lessee shall not, without City's prior written consent, assign, in whole or in part, its rights as Lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. d TS N E E S s: Costs and expenses incident to this lease, including but not limited to, recording costs shall be paid by -Lessee. - - 7A 2 5. TREATMENT OF PEMISE: The Lessee agrees to keep the,premises clean and in good order at its own expense, allowing no damage, waste. nor destruction thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. CAYMENT OF RENT: Checks, bank drafts, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7.. DEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or In any of the covenants or conditions contained in the Lease or In any regulations now or hereinafter in force the City may give Lessee thirty (30) days written notice to oure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all Persons therefrom. 8. LEASE UTILIZAT ON: Leased lands shall be utilized for purposes within the scope of the application (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, with Kenai Airport Regulations, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subJect the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 9. QONDITiON OF ELREMISES: The Premises demised herein are unimproved and are leased on an "as is, where is" basis. 10. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are subJect to any and all of the covenants, terms, or conditions contained in the instruments conveying title or other interests to the City. 11. RIGHT OE INMggUg : City shall have the right at -all reasonable times -to enten the.premises, or any Part thereof, for the purposes of inspection. 3 �Y �yFQi�I�� Y L i i 12. ZN29M ,gICATION AND INSURANCE: Lessee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the lessee, his agents, employees, customers. invitees, nr arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. - Lessee, at the expense of Lessee. shall keep in force, during the term of this agreement, insurance issued by ------- - responsible insurance companies authorized to do business in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City end/or Lessee. Insurance requirement hereunder shall be subJect to the sole determination of the City. Said insurance may include, but need not be limited to insurance coverages commonly known as, or similar in kind to, public liability, products liability, property damage, oargo, fire, workmen's compensation, comprehensive. builders A risk, and such other insurance coverage.as deemed required in A the sole determination of the City. All policies or endorsements thereto -shall in all cases where possible name City as Additional Named Insured thereunder and shall contain a waiver of subrogation against the City. - Upon approval by City of all insurance required, In the forms, kinds and amounts directed to be procured, Lessee shall deliver all policy originals or duplicate originals and endorsements thereto to the City for incorporation within this agreement as attachment thereto. In any event. Lessee is not r to commence to exercise any of the rights and privileges granted under this agreement until such time as all insurance directed and required to be furnished by Lessee is in full force and effect. x Lessee expressly understands and agrees that any _ Insurance protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save harmless City under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the Insurance company. - Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within - thirty (30) days of the date hereof as follows: - 4 i. j I i I ' 1i 1 � X Comprehensive General Liability Combined Single Limit (Bodily In,iury and Property Demace): $500,00O Workmen's Compensation - Statutory Limits Notwithstanding anything to the contrary, if Lessee fails or neglects to secure required insurance or if said policy or policies are terminated, altered, or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty, on five (5) days written prior notice to Lessee. 13. COLLECTION ON UNPAap MONIES: Any or all rentso charges, fees, or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 14. EASEMgNT_ GRANTS RESERVED: City reserves the right to grant and control easements in, under, throuoh or above the land leased. No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have reasonable access and use of parking end loadino areas and reasonable use of ingress and egress now or hereafter existing which appertain to the leased premises. 15. LEASE SUBQRDINATE TO FINANCING REOUIRgMENTS: Lessee agrees that City may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any bond covenant. However, the modification shall not act to reduce the rights or privileges granted the' Lessee by this Lease, nor act to cause the Lessee financial loss. 16. S��RREN ER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear--and-tear since the last necessary repair, replacement, restoration or renewal, free and clear of all -lettings and occupancies unless expressly permitted by the -city - In writing, and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the 5 - t-- - - - -- - --- , — - -- ----- and of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the some and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection herewith. 17. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other, covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 18. LESSEE TO PAY TAXES; Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a lien upon or which may be levied by the State. Borough, City, or any other tax levying body, upon any taxable Possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, Provided however, that nothing herein contained shall prevent Lessee from contesting any Increase in such tax or assessment through procedures outlined in State statutes. 19. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing. which services or facilities are not provided for herein and which City agrees to provide. 20. NO P RTNERSSH.XE OR JOINT VENTURE CREATED: It is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised Premisesi and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 21. DEFAULT BANKRUPTCY, ETC:: If the Lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and -if the appointment of the receiver is -not vacated within - thirty (30) days, or if a voluntary petition is filed under Section-18(a)_-of-the Bankruptcy Act -by. the Lessee, -then -and --in - any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. L 1 1 22. NONDISCRIMINATION: The Lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said faeilitiess (b) In the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; (a) The Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lease, for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of, the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 23. PARTZ& INY6L1Q1TY: If any term, provision, condition, or part of this Lease is declared by a court of competent ,Jurisdiction to be invalid or unconstitutional, the remaining terms, provisions. conditions, or parts shall continue in full force and effect as though such declaration was not made. _ 24i_ _MOQIF_ICATIONS: No lease may be modified orally_ L or in any manner other than by an agreement in writing. signed i.: L r I KI 7 i � n r) by all parties in interest or their successors in interest. Any such modification shall require Council approval. 25. WWARRANTY: The City does not warrant that the Property which is the subject of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. 26. RIGHT TO ADOPT RULES: City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given seventy-two (72) hours notice of adoption or amendment thereof. 27. NW -LIABILITY: City shall not be liable to Lessee for any diminution or deprivation of possession, or of Lessee's right hereunder, on account of'.the exercise of any such right or authority as provided in this or the preceding section, nor shall Lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to the states. 28. FINANCING: (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, arid for no other Purposes Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's interest in the leased Premises and in and to this Lease, provided such encumbrance Pertains only to such leasehold interest and does not pertain to or create any interest in City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial Institution which -terms -shall include an established insurance company and qualified pension or profit sharing trust) and such Institution shall -acquire -the -Lessee's interest in such Lease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through a ., M. 0 any transfer in lieu of foreclosure. or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided. however, such transferee shall assume all of the covenants and conditions required to be performed by the Lessee, whereupon such lending institution shall be relieved of any further liability under such Lessee from any default after such transfer.- Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such Lease, or any other lending institution which may at any time acquire such lease shall be relieved of any further liability under such lease from and after a transfer of such lease. (b) A leasehold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the Lessee with respect to the curing of any default hereunder by Lessee. (c) If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the Lease, a written notice containing the name and post office address of such holder, the City shall thereafter give to such holder a copy of each notice of default by the Lessee at the some time as any notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this Lease. i (d) If, by reason of any default of the Lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new Lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the • following conditions: (1) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new Lease within twenty (20) days after the date of -such termination and such written request shall be accompanied by a -payment to the City of all sums then due to the Cfty-under-this - Lease. IN 9 .,'.� (2) Such mortgagee, beneficiary, or security essionee, shall pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such termination, and in addition thereto, any reasonable - i expenses, including legal and attorneys, fees, to which the City shall have been subJeeted by reason of such default. (3) Such mortgagee, beneficiary, or -- -- security assignee shall. on or before the execution and delivery of such new Lease, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shell have failed to perform such conditions. (a) If a lending institution or its nominee or wholly owned subsidiary corporation shell hold a mortgage, deed of trust, or similar security interest in and to this Lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such Institution, nominee, or corporation shell desire to assign this Lease or any new Leese obtained from the City (other than -`- to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee. the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. ' 29. AMENDMENT -OF LEASE: Notwithstanding anything to to the contrary, in order to aid the Lessee in the financing of the improvements to be situated herein. City agrees that in the event the proposed mortgagee, beneficiary, or security assignee under any interim or permanent loan on the security of the leasehold interest of the Lessee and the improvements to be ". situated thereon so requires, the City will make a reasonable effort to amend this Lease in order to satisfy such f requirements upon the express condition and understanding, however, that such variance in language will not materially preJudice the City's right hereunder nor be such as to alter in any way the rental obligations of the Lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of lands, and to all --- - - - -- applicable -Federal _ statutes, -rules.-and regulations, and all - _. covenants and conditions of the deed by which the City holds ----__._-_ -- - title to the lend. I W E n i at 30. CaMpLlaNcE WITH LAWS: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and ways adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances, and regulations which may be hereafter enacted involve a change of policy on .the part of the governmental body enacting the some. Lessee agrees to hold City financially harmless: (a) From the consequences of any violation of such laws, ordinances, and/or regulations: and (b) From all claims for damages on account of inJuries, death, or property damage resulting from such violation. (e) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including zoning ordinances, rules and regulations. 31. GJARE OF PREMISES: Lessee, at its own cost and expense shell keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this Lease. 32, SANITATION: The Lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in nest, clean, and sanitary condition, and every effort shall be made to prevent the pollution of water. 33. LgSSEE-5 OBLiGATXoN TO REMOVE L_XENS: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been Performed on said premises or improvements by or at the direction or sufferance of Lessee, --provided, however,.__.. Lessee shell have the right to provide a bond as contemplated by -Alaska law and contest the -validity _or- amount of -any such lien or claimed lien. On final determination of such lien or A 11 L M such claim for lien. Lessee will immediately pay any judgement rendered with all proper costs and charges and shall have such lien released or Judgement satisfied at Lessee's own expense. 34. C_OND NAT12 : In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi -public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable durino the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being Just and equitable under all the circumstances. 35. PROTECTION OF SUBTENANTS: To protect the position of any subtenants) hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, expiration, or surrender of this Lease (the ground lease), the City will accept the Subtenant, its successors and assigns, as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including any.extensions or renewals thereof, not exceeding the term of this Lease, upon the some covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shall make full and complete-attornmcnt to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant= and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, including the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust, or security assignment. 36. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 37. rOVERNINC3_LA AND VENUE: This indenture of Lease shall be governed in all respects by the laws of the State -of --Alaska: - Any -suit -shall be brought in the Trial - Courts, Third Judicial District, at Kenai, Alaska. f 38. UO- CE$: (a) Any notices required by this Lease shall be In writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragraph of this lease unless such address has been changed pursuant to sub -paragraph (b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or branch post office. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have•oiven the City notice of such mortgage, deed of trust, or security assignment. (b) Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address Is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) days prior to the giving of the particular notice in issue. 39. RIGHTS OF MORTGAGEE OR LIEN OLDER; In the event of cancellation or forfeiture of a lease for cause, the holder of a properly recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subJect to the terms and conditions as in the original lease. 40. ENTRY AND RE-ENTRY: In the event that the Lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the City or its agents, servants, or representatives may, immediately or at any time thereafter, re-enter, -and resume possession of said lands -or such part --- thereof, and remove all persons and property therefrom, either - by summary -proceedings or by-o-suitable-action or -proceeding -at- law without being liable for any damages therefor. No re-entrY l_ _ _ by the City shall be deemed an acceptance of a surrender of the Lease. 41. RETENTION OF RENTAL: In the event that the Lease should be terminated because of any breach by the Lessee as herein provided. the rental payment last made by the Lessee shall be retained by the City as partial damages for said breach. 42. WRITTEN WAIVER: The receipt of rent by the City with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance Of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No ` failure on the part of the City to enforce any covenant or Provision therein contained, nor any waiver of any right thereunder by the City, unless in writing, shall discharge or i Invalidate such covenants or provisions, or affect the right of f the City to enforce the some in the event of any subsequent breach or default. The receipt, by the City, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving of the City of f any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the City to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the City. 1 43. FIRE PROTECTION: The Lessee will take all �(( reasonable precautions to prevent, and take all necessary f action to suppress destructive or uncontrolled fires and comply with all laws, regulations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. III 44. MUTUAL CANCELLATION: Leases in good standing may be cancelled in whole or in pert at any time upon mutual � written agreement by Lessee and the City Council. 45. UNLAWFLIL, USE PROHXBXTED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 46. APPRQVAL OF OTHER AUTHORITIES: The issuance by { the City --of leases does not relieve the Lessee of 4.. responsibility of obtaining licenses or permits as may be l -required by duly authorized Borough, State or Federal agencies. t - 14 ON is W r 47. REPAin AND MAINTENANCE: Lessee sprees to make all such repairs as are reasonably necessary to maintain the foundation, structural portions of the premises, roofs and exterior walls of the existing buildings in a structurally sound and water -tight condition and to replace and repair. as reasonably necessary the exterior glass and windows. Lessee shall perform scheduled overhauls and repairs as required to maintain the heating system and refrigeration compressors in a reasonable manner so as to not interfere with or disrupt Lessee's operation of the Facility. Furthermore, Lessee agrees to keep and maintain the nonstructural portions of the premises and floors in good and sufficient repair, order and condition at the sole cost and expense of the Lessee. Lessee shall provide City with annual maintenance/repair reports itemizing costs and deliver the premises to City in as good a state of repair and condition as when first occupied by Lessee, reasonable wear and tear and damage by the elements, fire or other casualty excepted. Qg. STARTUP: Lessee is enterino into this lease based upon the expectation that it is leasing a facility in good operating condition and repair. Lessee shall not be obligated for any repair, replacement or maintenance costs required to put the Facility in good operating condition and repair prior to acceptance of the Facility. Upon receiving City's approval, Lessee may expend amounts reasonably necessary, but in no event exceeding Five Thousand (i8,000.00) Dollars, to put the Facility into good operating condition (with reports thereon being furnished to City in a timely manner) and Lessee shall receive a credit against its rent payment for all such amounts. The parties recognize that these startup costs can only be identified when the plant is put into operation at the start of the fishing season. Lessee, after occupying the premises and operating the Facility and making the necessary startup repairs, will acknowledge receipt of the premises in good condition and repair. Lessee agrees not to do or suffer any waste or nuisance upon said premises or inure, overload or deface the some or any part thereof, or permit the same, during or at the termination of this lease, to be injured, overloaded or defaced. Lessee, after first securing City's approval, which will not be unreasonably withheld or delayed. may. at Lessee's own expense, make_changes in_.partitions_or"may erect new partitions in the premises covered by this lease, install new -lighting, -provided such installation will not materially increase the electrical load, and provided that such-----" partitioning or improvements does not require structural 7 changes or injure the building. Lessee shall not permit or allow any liens or encumbrances to be placed against the above -described property or any part thereof and will at all times hold City harmless as against any expense or charges arising out of any construction, installation. improvement, alteration, or repair commenced or carried out at the request of Lessee. Lessee agrees to notify City ten (10) days in j advance of any construction and to assist the City in posting a notice of non -responsibility upon the premises. jAll changes, alterations, additions or repairs by Lessee shall, at the option of City, become the property of City at the expiration of this Lease without liability on CitY's part to pay for the samei except, however, that any equipment, tanks, sinks, basins, plumbing, shelving, counters, jj mirrors, lighting fixtures. appliances or trade fixtures placed t on the premises or in the building by Lessee, which do not actually become a structural part of the building, may be removed from the premises by Lessee at any time prior to the expiration or termination of this lease or expiration or termination of any renewal of this lease provided that in installing any such trade fixtures, shelving, counters, mirrors, lights or appliances and in removing same, Lessee shall repair any damage caused to the premises thereby. Lessee shall surrender the premises in good condition and repair. 49. LEASE TERM EXPIRATION: At the expiration of the lease term, (including any extended period), all buildings and Improvements thereto with the exception of commercial trade fixtures and equipment as set forth in Covenant 48 of this lease shall become the property of City without the payment of any compensation to Lessee or its tenants. Title to and ownership of all commercial trade fixtures and equipment, except that provided by City under the terms of this agreement and identified in Exhibit "B" shall be in the name of Lessee. 50. LESSEE'S DUTY L OFFEND/INDEMNIFY: Lessee agrees to defend, indemnify and hold City harmless from any and all claims for damages, including personal injuries and property damage arising out of or resulting from Lessee's use of the premises or the use of the premises by Lessee's sub -lessees, agents or contractors, except for damages arising from the negligence or willful acts or omissions of City, its agent, employees, or contractors, or the public. 81. DESTRUCTION OF PREMISES: If the premises or dock are damaged by earthquake, flood, fire, subsidence, casualty or act of God rendering the FaeilitY unusable for Lessee's operations to such an extent that the some are not or d � t l4'_ ti 16 ,.) A . • ,�h l �E I I t r � i F1. •ki. I cannot be restored prior to the next fishing season to as good a condition as the same was in prior to such damage. Lessee shall have the right to terminate this lease. After a casualty to the premises, rent shall abate for the proportion of any fishing season during which Lessee is unable to operate. If repairs to the premises can be made prior to the next fishing season, Lessee shall effett repairs to the premises. If Lessee and City cannot agree within ninety (90) days after the damage occurs whether damage can be repaired prior the the next fishing season, they shall seek judicial relief in the Courts as provided in Covenant 37. 52. GQMPUTATiON OF TIME: The time in which any act provided by this lease is to be done shell be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or a holiday, and then it is also excluded. $3. NUMBER AND GENDER: In this lease, the neuter gender includes the masculine and the feminine, and the singular number includes the plurals the word "person" includes corporation, partnership, firm or association wherever the context so requires. 54. MEMORANDUM OF LEASE: Upon the execution of this lease the parties shall execute and acknowledge a memorandum of lease giving third parties notice of this lease. The memorandum may be recorded in the appropriate real property records at the option of either party. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual t: CITY OF KENAI Bv- William J. Brighton • City Manager BY: - 17�iJd1,:� 2. STATE OF ALASKA ) ; THIRD JUDICIAL DISTRICT ) 2 THIS IS TO CERTIFY that on this day of . }' individually as well as in his Mrepresentative capacity, being personally known to me or having j produced satisfactory evidence of identification, appeared ^- f before me and acknowledged the voluntary and authorized 1. - ----:----. :: execution of the foregoing instrument. ,-- Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ' )BS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 19,,,,,,, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the i foregoing instrument on behalf of said City. . Notary Public for Alaska } My Commission Expires: i r- ANNUAL CLEAN-UP DAY is Saturdays May 14th. Litter bags are available ac cne cnamber office long with area assignments. Please stop by and pick up your litter bags and join in with the ,Along of our community. The Lions Club will again be serving hot dogs at the Kenai Fire Department and there will be drawings for bikes that have been donated by the Kenai Lions Clubs Kenai Elks Club and the Eagles and Eagles Auxiliary. Tickets are available upon receipt of the litter bags at the Chamber cabin. SPECIAL THANKS to Wildwood Correctional Center for their generous assistance in beginning the beautification process in the downtown area. Their assistance has been gre+ttly appreciated. In additions a special thanks to Lyndon Transport for transporting the litter bags down from Anchorage to the Chamber cabin for our summer clean up campaign. KENAI CHAMBER TRADE CLUB. Please watch for announcements of as exciting new event to take place for Chamber members. Ron Rainey is "spear -heading" the arrangements for an evening activity that will not only feature various Chamber member businesses but will also provide lots of fun and time to "just get together and enjoy ourselves". Ron and his committee will soon be providing more details and time and place. If you wish to participate or assist Ron and his committee. please call Ron at HU, 283-58311 KENAI BICENTENNIAL COMMISSION is diligently working on the upcoming Bicentennial Celebration (1791-1991) and will soon be advertising for request to participate and provide a design for the logo to be utilized for the Bicentennial. Commission Chairman Bob Cowan advises that the "winning design" will be announced in conjunction with the 4th of July Celebration. Watch for more details in the very near future. .h the Visitors Information Center and to Caravan travelers as well as convention attendees. Along with the coupon booklet, the participating business will be featured in an ad in the Clarion Visitors Guide. The coupon booklet will contain emergency numbers, a small map of the downtown area as well as other pertinent information that is of assistance to our visitors and new residents. For participation in the project, please call the Chamber office ASAP11 SPECLAL EVENTS Chairman Leroy Heinrich announced that Sharon Williams and Rhonda Webb have graciously agreed to serve as co-chair of the upcoming 4th of July Celebration. If you or your organization/business wish to participate in any 4th of July activities (i.e. parade, food booths, etc.) please contact either Sharon or Rhonda or the Chamber office. THE 4TH OF JULY CELEBRATION WILL BE BIGGER AND BETTER THAN EVER1 ECONOMIC DEVELOPMENT. The Chamber Board was privy to an interesting presentation by Audrey Taylor, Executive Director for Tri-County Economic Development Corporation in Chico, California. Mrs. Taylor explained the concept of their Economic Development District in which the main Scale of the organization is to create business and expand the tax base. Additional infor- mation relative to the newly formed Economic Development District for the Kenai Peninsula Borough may be obtained by contacting Stan Steadman of the Borough. Our new EDD is the first . in the State and has received the sanction of the Governor as well as local municipalities. May 4th - John Andrews of Eagle Eye Productions - Visitors Guide to the Greater Kenai Area -' May filth - Sharon Moock of McDonald's with a presentation of "Ronald McDonald House" May 18th - Jack Cline, Assessor, Kenai Peninsula Borough May 25th - Ray Holmsen, Ex. Director, Better Business Bureau of Alaska Lr L -i - A/F0 AGENDA WASTE DISPOSAL COMMIBSION MEETING ZZ23?4?S May 4, 1988, 700 p.m. Borough Maintenance Conference Room a t �IDUC:i% l . Convene/Roll Call 2. Acceptance of Minutes - 3/2/88, 4/6/88, 4/20/88 ��S8195q� ; • •.� -- - --- - 3. Agenda - approval and/or changes 4. Public Comments (30 minutes maximum) - anyone wishing to issues. speak publicly on waste disposal concerns and S. Old Business (Public Comments - 2 minutes per person each item) - A. Sterling Special waste Site B. Beluga Landfill 6. New Business (Public Comments are limited to 2 minutes) (These are not public hearing items) L �1 A. Funny River Soils Results " B. Introduction of item(s) by Commission Members 7. Correspondence - approval and receipt i S. Set next meeting date 9. Commission comments 10. Adjourn _ I - f i XNFO - 9 1 i PAY ESTIMATE N0: Z 2' 1988 CITY Of KENAI ..�� Bar" v . 11 , 11110L .. :.. . 1987 FLOAT PLANE FACILITY IMPROVEMENTS Project KENAI MUNICIPAL AIRPORT Contractor -pOYLE CONSTRUCTION V. . Address Route 1. Box 1225 _KENAI - ntnsxA 22§11 Project No. _ 8] 0 40 Phone -9071776-8552 Period from 11-I(o• 87 to y`Z3`88 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE / Ql Original contract amount $R47,275.01 ✓ Net change by change orders �- 0 Adjusted contract amount to date 81-71Ills" 01 ANALYSIS Of WORK CO!IPI.r:TTiD / ® Original contract work completed 12 $ 5799. 13 ✓ OS Additions from change orders completed -— OG materials stored at close of period ZZ517. 94 O7 Total earned d +U5 + fi - _ I51 i, M. 05 ivr ® Less retainnge of Q percent S �� �,"1 I ✓ Q Total earned less retaillagoQ7 - S a — 13�, 0Os 1� Less amount of previous paymcnt, q 10 4(o, 0 !P t1 Valance due this payment 11 1987 FLOAT PLANT: FACILITY UIPROVEMENTS KrNAT HUNICIPAT. AIRPORT 1►:tl;u aE 7 ESTIMATE NO: 2 CERTIFICATION OF CONTRACTOR ��•� Afcotdinl to the best of my knon•ledle and belief, 1 certify that all items and amounts shown on the face of this Periodic Estimate S5 (et Partial Payment are correct; that all work has been perforMCJ anVol material supplieJ in full aeeurJan,e with the requirements of the relercneeJ Cunuaee. and•ot July aulhoriteJ Jcvialiens, substirlltinna, alfwatinns, andfor additimw; dill Ibv luregoinc is s `. uue anJ cancer stastttI n# of the contract vccnunr lip to and including list last ,lay of the pvri o covvtvJ by 1hi:. Ilunatic ing is e; that no parr el the "Ilalanet t)Ile This 1 aymcnl' has burn teeeivrQ, and drat Zhu stall, and his subcontraeturs h.►ae•(Chtch a at two rr Hnr/ ComplicJ with all the labor provisions of said contract. t b, �„j ComplicJ wish all the labor provisions of sail contract except in thane instances whore an hnncal Jisputu exists with Is- splrcl to asiJ labor rrovisions. (11 (e) Is thrrhrd. drrrrlhr ♦rl,l,p sines.. or at.onf..� s It—� f1 Icuntrarlon do b ' . ta,l;nr1Y • Ot .tW11V11 Id Ilrprrf r1.1.11Iatr 19ttFj Title 1 • 4r • H•1 M�•�r�MM,r 1 .• CERTIFICATION OF ARCHITECT OR F.N0111EER 190111). Thar I have ehvekvJ Anj vurilicJ the above anJ forapuinc Pvri mi► Eslinlary lur I/ani.11 I►.nmcnr. th.tt to Ihv bust of asy knowltJFT anJ buliv( i1 i. a true anJ ealrtct I.tattmenl of wwk retinnnvJ anJ�or o,aarlal , urrliaJ by she aanua:tars Thal all B I walk ant \•r material incluJeJ lit chit. Ila►udiv 1!vtim.ut has Lean In.pvelv.l by ally an.l it hl• my .iota she a mm ra•yre„m ill v ur AS1.6tant• anJ thm of ha• liven pvruumvJ .In.l 'a ,.ulylic.1 in suit AeV611.1anl•a with rvquilvmvnt. v1 tLa la•ta•tanca W.•nlrail; anJ 1Mt parti.lI r./yrn►r •IainluJ .►nd raquvalvJ by Chu cantrartut it' eumcely on IIlls;bank, uw 1 all lrartorma.l an.l ''-.-Imalt' " � vial •urphvJ 1/• a1v. z <icnvJ '''. IAn•Mtrc1 ,.r vnt,,,rat► h; Oafs: l7 / f9S i PRE -PAYMENT CCRTIFICAT1,ON OY FIELD ENGINEER .T Chests to -too 4Pttttns•nr rrselteedt • .. 1 H♦ 141111.11\' .64.1111%1 111V .11►Ir.leth wl S-11".4holl. rllnl.tlld• 6V C'„Ilfr.t.•f /'avrt•rnh, 1h.' n,•1,- an.l f►paft• Nt my -- y- " m•p•.•».m. ,y r}.a yr..la\ t, en t du ••rl... , ' _'• ''•'r►;•ab•trr► I an.t vt nl.►SrNnis .ur;•la•.t 1..Ir.•areto, Inat d,a .. uuaw•1rll.,..l .rr�lln� r' h r• ml• al•uu.e, th.tl tha .t,ltamrnt n1 4 that me .1•nitavlar •hllul.l l•a ; af.i lee am..l • un 1. yulrt merf. .11 th/ a,.ntra.1, .InJ IIII ra.lul'Nl.l ./1•Ht'1 t 1 .'Tans► u.ae ,,,; w.•r: ann rt rt.uru.l;• uu•ht sl., arntrn.l 1....:•►/ a u,.p,.fl,I ! \ an• sill rl.nt If .,1. !•r.•u ;. te•trna aui ..t .uj•. .. .. ;';tl.l In owl a.a♦•raan[a• t\ttil th,' 11'.III t1a Rla blr al Ion ♦Hllf./. :. tr,.:.l 1 eru,.rtl _ _ _. - -,: dn•i .. lint \'ll,: r,. iti.n«/ I r- i 5d 12 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES April S, 19881 7:30 m. SEWARD HIGH SCHOOL AUDITORIUM SEWARD, ALASKA o2�2223?nay - AGENDA - eNo. 9A c� I A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Charles Fultz, Seward, D. ROLL CALL 1 E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: March 15, 1988 G. COMMITTEE REPORTS jl (a) Finance (Crawford, Carey, Glick, Keene, O'Connell, Moock, Nash) I (b) Local Affairs/Legislative (Sko etad, Glick, McGahan, Mullen, O'Connell, Phillips) 1 (c) Public Works/Education (McLane, Brown, Hodgins, McGahan, Skogstad, Walli) 1. (d) Data Processing (Hodgins) 1 (a) KP College Council (Carey) 1 (f) Cook Inlet Aquaculture Assoc. (Keene) 2 H. MOTIONS TO RECONSIDER • (a) Res. 88-26 "Authorising the Waiver of Professional i Lia6Tity insurance Requirements in the Architect- ural Engineering Services Contract with Wirum 6 Associates for the New $award Elementary School" DEFEATED 3-15-88/MOTION TO RECONSIDER-0 CONNELL 2 Not Rensd I. AGENDA APPROVAL AND CONSENT AGENDA 2 Adopted (a) Vacation of 20 Foot Utility Easements Ten Foot Along West Boundary Tract 20-Al Ten Foot Along Eastern Boundary Tracts 20-B and 20-C Within L. ` Creary Subdivision (b) Confirmation of New Department Heads (c) Cooper Landing Advisory Planning Commiseion Appte. (d) Res. 88-34 "Changing and Reclassifying the Kali• orn� Y leach Fire Service Area's Firefighter ii Positions to Engineer" (Mayor @ Req. KBFSA) (a) Res. 88-36 "Authorizing the Grant of a Utility ase�ment to Homer Electric Association, Inc. tor the Purpose of Constructing and Maintaining an Overhead Electric Line Within Section 1, T4N, RIM S.M., AK" (Mayor) (f) COMMENDING RESOLUTION "Recognizing the Superior Achievements of Kristina McInnes" (Crawford) *SPECIAL ITEMi Presentation of the KPB School District Budget for FY 88-89 by Mrs. Joyce Fischer, President of the Board of Education 3 J. -ORDINANCE HEARINGS 1 (a) Ord. 88-5 "Amending KPB 2.08.120(0) to Remove the es r ct on that Public Comments Under That -Agenda- j Item Be Restricted to Matters That Were Not on the Agenda" (MeGahan/Sewall) 3 Enacted 1 - -- - Paste No.- (b) Ord. 88-6 "Accepting Grant Funds from Alaska Depart- t ment oIrTducation to Provide a Wheelchair Lift at { the Ninilchik Elementary/High School" (Mayor) 3 Enacted (c) Ord. 88-7 "Repealing KPB 21.05 and Re-enacting as O8-M.bbi Establishing a Floodplain Management Program to Conform to Requirements of the National I. Flood Insurance Program" (Mayor @ Req Plan Cmen) 3 t tud 19 K. INTRODUCTION OF ORDINANCES (a) Ord. 88-10 "Amending the City of Seward Comprehen- �- s ve n se Plan and Amending the Seward Urban District Zoning Code and Map" (Mayor,Req Plan Cmen)4 St Hrng �,. on 5/3 (b) Ord. 88-13 "Establishing a Policy to Consider the ) rant o a Tax Credit Against the Borough's Share j of the Fisheries Business Tax Collected from Pro- cessore Located Within the Borough" (Mayor) 4 Deftd. _•;-� L. CONSIDERATION OF RESOLUTIONS (a) Res. 68-21 "Authorizing the Transfer of Funds for ! r. %reTase of Equipment in the Borough Clerk's Department" (Hodgins) 5 Adopted ' (b) Res. 88-29 "In Support of the Program Provided by Trail Lake Fish Hatchery (Sewall/Glick/Skogetad) 6 Adopted f I _.,k. (e) Res. 88-30 "Authorizing the Release of the Kenai J. enP— n-suia orough's Reversionary Rights to the Spring Creek Correctional Facility Site" (Sewall) 6 Deftd. (c) Res. 88-31 "Authorizing the Execution of a Cooper- 4 - ative Part ieipation Agreement Among Alaska Muniei- palLities and School Districts Creating the Alaska Municipal League Joint Insurance Arrangement (GILM S Adptd as amnd. (d) Res. 88-32 "Requesting the Kenai Peninsula Borough _ coE nomIE-VOTopment District to Investigate the Creation of a Foreign Trade Zone" (Brown) 8 Adopted (e) an Res. 68-35 "Authorizing the Award of a Contract to Am ' rg ' nc. for Furnishing and installing a Wheel- for chair Lift at Ninilchik Elementary/High School the Amount of $24,799.00" (Mayor) 3 Adopted ` M. PENDING LEGISLATION (This item lists leggislation which will be addressed at a later time as noteds not for action at this meeting.) (a) Ord. 68-8 "Amending KPB Chapter 16.60 to Provide for i _ Procedures Regarding the Operations of the Anchor i Point Fire and Emergency Medical Service Area" (Mayor) HEARING 4-19-88 „ (b) Ord. 88-9 "Authorizing the Receipt of Various Grants from the State of Alaska and Appropriating y% $1,045,000 to the Various Project Accounts" (Mayor) ! HEARING 4-19.88 i ' (c) Res. 88-22 "Urging the Alaska Department of Fish and f. Game to Provide Full Funding of the Trail Lakes Fish j Hatchery" (Glick & Sewall) POSTPONED TO 4-19-88 " (d) Res. 88 28 "Requesting the Commissioner of the Alaska Department of Fish and Game and the Governor of the State of Alaska to Direct the Department of Fishand Game to Proceed with Previously Requested Research and Feasibility Studies to Determine the Potential for a Salmon McNeil Enhancement Project at the River/Lake System, Lower Cook Inlet" (Crawford/Keene) PSTPND 4/19 i I s. fi N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE 14EETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA (a) Don Berman, Nash Road, wetlands problems 9 P. MAYORS REPORT (a) Legislative Report (b) Memo 80-32. KPB Budget, 1988-89 10 Q. OTHER BUSINESS ti (a) 8 ecial Meeting set for April 12 10 (b) Me Tabling Motion to R. ASSEMBLY AND MAYOR'S COMMENTS to Notions Letter of appreciation to Legislators 11 Appvd. Motions Request poll of students RE% school preference 11 No vote Motions To Adjourn 11 Appvd. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AN ADJOURNMENT (April 12, 19. 1988) A, KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES April 5. 1988, 700 p.m . SEWARD HIGH SCHOOL AUDITORIUM SEWARD, ALASKA A. CALL TO ORDER The regular meeting of the Assembly was called to order by Pree. Jonathan W. Sewall at approximately 7s35 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Charles Fultz of Seward. D. ROLL CALL PRESENT: Assemblymembers Jack Brown, David Carey. John Crawford, Betty Glick, Mark Nodgins, Brentley Keene, Karen McGahan Sam McLane, Frank Mullen. Phil Nash, Pat O'Connell, Gail Phillips, Jonathan Sewall, Jim Skogetad, Marie Wallis Mayor Don Gilman, Atty. Tom Boedeker, Admn. Marla Asst. Huse, Borough Clerk Brindley EXCUSEDt Assemblymember Sharon Moock E. VACANCY DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the March 15, 1988 regular meeting were approved with minor corrections noted by Mrs. McGahan. G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Glick, Keene, O'Connell, Moock, Nash) Mr. Crawford reported the committee discussed agenda items only. (b) Local Affairs/Legislative (Skogstad, Glick, McGahan, Mullen. O'Connell, Phillips) Mr. Skogetad reported the committee discussed agenda items only. (c) Public Works/Education (McLane, Brown, Hodgine, McGahan, Skogetad, Walli) Mr. McLane reported the committee heard a report on funding of the Seward school. There has been minor resistance to the way it was included in the Governor's budget. The borough and school adminis- tration is watching the statue closely and an effort is being made to be ready for whatever objections are raised. (d) Data Processing (Hodgine) Mr. Hodgine called attention to a quarterly report from DP, Computer Performance and Utilization. He asked members to read it and It ere were questions, ur manager Bob Jones was present and available. (e) K P College Council (Carey) Mr. Carey stated the council met. and agreed to request the school board to include funding for the college in their budget. The council is pleased that the budget will include $15,000 for the college. . 0 1 1. JFr lt: 3 a 0 r KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5. 1988 (f) Cook inlet Aquaculture (Keene) Mr. Keene reported on the annual meeting held April 2nd. He stated major items of discussion were bylaw changes on how board seats of 15 commercial fishermen would be elected and the Trail Lakes hatchery negotiations for operation. H. MOTIONS TO RECONSIDER (a) Res. 88-26 "Authorizing the Waiver of Professional Liltilify Insurance Requirements in the Architectural Engineering Services Contract with Wirum 6 Associates for the New Seward Elementary School" (Mayor) DEFEATED 3-15-88/MOTION TO RECONSIDER-O-CONNELL Pros. Sewall noted the architect had purchased the necessary insurance, so the issue was moot. I. AGENDA APPROVAL AND CONSENT AGENDA Pros. Sewall requested the addition of Res. 88-29 under item K ingg thhee March 15 meeting. haitbwas i advertently left o£f the,agendawand packet. Mr. McLane requested Res. 88-35 be moved to follow Ord. 68-6 for the same project. Mr. Carey requested Res. 88-34 and 88-36 be moved to the Consent Agenda. Mrs. Glick requested the Commending Resolution be added to the Consent nsor. Mr. Crawford stated additional e assembly persons wished nda with concurrencof tto he ti o joint poneores Phillips, McGahan and Glick. The changes and additions were made without objection and the Consent Agenda was approved by unanimous consent as followas (a) Vacation of 20 Foot Utility Easements Ten Foot Along West Boundary Tract 20-As Ten Foot Alangg Eastern Boundary Tracts 20-B and 20-C Within L. Creary Subdivision (b) Confirmation of New Department Heads 1. Rose A. Kinney. Finance Director 2. Jack E. Cline, Director of Assessing 3. Ken Brown, Public Works Director 4. Steve O'Connor. Central Emergency Medical Director (c) Cooper Landing Advisory Planning Commission Appts. 1. Warren Pruitt, replacing Margaret Pruitt expir. 9/89 2. Mark Wilson. replacing Mona Fainter, explr. /89 (d) Res. 88-34 "Changing and Reclassifying the Kelifornsky sac re Service Area's Firefighter It Positions to Engineer" (Mayor 0 Req. KBFSA) (e) Res. 88-36 "Authorizing the Grant of a Utility Easement 0 omer lectric Association, Inc. for the Purpose of Constructing and Maintaining an Overhead Electric Line Within Section 1, T4N, R11W. S.M., AK-' (Mayor) (f)- CO*MNDING RESOLUTION "Recognizing the Superior Achieve- ments of Kristin McInnes" (Crawford) - *SPECIAL ITEMS Presentation of the KPB School District Budget for FY 88-69 by Mrs.- Joyce Fischer, president of the Board of Education KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5, 1988 Mrs. Fischer apologized for an error in the salutation of the letter enclosed with the budget. She expressed her appreciation for the Assembly's attention and attendance at budget worksessions. She hoped the spirit of cooperation shown thus far would continue and any assistance needed through the process would be gladly given. J. ORDINANCE HEARINGS (a) Ord. 88-5 "Amending KPB 2.08.120(0) to Remove the estr ct on that Public Comments Under That Agenda Item Be Restricted to Matters That Were Not on the Agenda" (MaGahan/Sewall) ASSEMBLYMEMBER MC GAHAN MOVED THE ENACTMENT OF ORD. 88-5. There were no committee reports. Public hearing was opened and as no one wished to speak, was closed. ORD. 88-5 WAS ENACTED WITHOUT DISCUSSION BY UNANIMOUS CONSENT. (b) Ord. 88-6 "Accepting Grant Funds from Alaska Depart- mentoTTducation to Provide a Wheelchair Lift at the Ninilchik Elementary/High School" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ENACTMENT OF ORD 88-6. Mr. Crawford reported Finance Cmte. voted a unanimous "do pass" recommendation. Mr. McLane reported Public Works/Education Cmte. also recommended passage. Public hearing was opened and as no one wished to speak, was closed. Pres. Sewall noted a difference between the amount stated in the ordinance and that of the resolution. Mayor Gilman stated the resolution awards the contract to the appropriate bidder for the specific amount of the bid. within the amount appropriated. ORD. 68-6 WAS ENACTED BY UNANIMOUS CONSENT. (1) Rea. 88-35 "Authorizing the Award of a Contract to er8"g►. inc. for Furnishing and Installing a Wheelchair Lift at Ninilchik Elementary/High School for the Amount of $24,799.00" (Mayor) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-35 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (c) Ord. 88-7 "Repealing KPB 21.05 and Re-enacting as KPB establishing a Floodplain Management Program to Conform to Requirements of the National Flood Insurance Program" (Mayor @ Req. Planning Commission) ASSEMBLYMEMBER CAREY MOVED THE ENACTMENT OF ORD. 88-7. Mr. Skogstad reported Local Affairs Cmts. had supported enactment but also noted it was the intention to hold a hearing in Soldotna as well, so final action was not recommended at this time. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER GLICK MOVED TO POSTPONE ORD. 88-7 UNTIL APRIL 19 IN ORDER TO HOLD A SECOND HEARING IN SOLDOTNA. Mayor Gilman, recommended_ it be continued to May 3 as the school budget will be the primary responsibility at the April 19 meeting. MRS.__GLICK MOVED- TO POSTPONE _ORD. 86-7 TO MAY 3 AND IT WAS •APPROVED BY UNANIMOUS CONSENT. -3- 6m C' KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING_ OF APRIL 5, 1988 K. INTRODUCTION OF ORDINANCES (a) Ord. 88-10 "Amending the City of Seward Comprehensive aL n�Q'ee flan and Amending the Seward Urban District Zoning Code and Map" (Mayor @ Req. Planning Commission) ASSEMBLYM1dMBER GLICK MOVED TO SET ORD. 88-10 FOR HEARING ON MAY 3, 1988. Mr. Skogstad reported Local Affairs Cmte. recommended hearing be set. Pres. Sewall invited public comment. ludv Hildebrand, City of Seward. objected to the restriction against an ma s Inside the City contained in the ordinance. She reported for 10 years she had owned animals not allowed by this ordinance except through a conditional use permit. She believed the way the code currently read concerning cleanup was reasonable and adequate. She noted there was an active 4-H group in the city and this ordinance would curtail such activities. Mrs. McGahan stated she had been concerned for some time about the restrictiveness of the Seward zoning ordinance for a small town in Alaska. She recognized a person concerned about livestock in the city limits might not know this ordinance had anything to do with animals from the published title. She felt it was unfair to persons who had purchased property in the City knowing there was no such restriction to afterwards impose it. In response to questions from Mrs. Walli, Acting City Manager Darr 1 Schaefer�meve�r reported the ordinance as recommended by the Uty ma—ining Commission was approved by the City Council. The decision was made that livestock in the City was better handled by zoning than by the health statute. Pres. Sewall passed the gavel to Vice Pres. Carey in order to comment that since the City has preferred not to take over their own zoning, they expected the Aseembly not to rubber stamp, but to make a decision. He felt additional people should have opportunity to address it on May 3rd. The gavel was returned to Pree. Sewall. Mr. Berman, of Nash Road. outside City, referred to the 4-H organiza- tion ind Umber of families involved in the rodeo and other activi- ties. He reporting hearing many disparagging remarks in connection with the proposed restriction. He Spoke of the beneficial effects on young people, of animal raising. ORD. 88-10 WAS SET FOR HEARING BY A VOTE OF 12 YES TO 3 NO. YESs Nash, Phillips, Keene, Mullen, Crawford, Glick, Sewall. O'Connell, Skogetad, Hodgine, McLane. Brown Not Walli, Carey, McGahan (b) Ord. 88-13 "Establishing a Policy to Consider the Grant o a ax redit-Against the Borough's Share of the Fisheries Business Tax Collected from Processors Located Within the Borough" (Mayor) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 88-13 FOR HEARING ON MAY 3, 1986. Mr:-Skogstad -reported -the Local Affairs Cmte. had a "do not introduce" recommendation. - Mr. Crawford- reported the Finance--Cmts.-discussed the fact -this coveranallwas seafood processing, nothe t tJustposalmon. in that this had would no . 4 - 1 t i I f=; KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5, 1988 objection to setting the ordinance for hearing, in the event some benefit to the borough coullgd be shown. for one group although yheesupported wr ong industry tasrvital to the eceive such aarea, tax break Mr. Nash noted the ordinance would establish a procedure through which other ordinances to adopt particular plans could be enacted. He believed if the ordinance was net for hearing a substitute codifying the contents should be tal pwritten. He would suggest an creditt would be onlyethose built within the Borough yang for the tax tax creditsL but he didted tnot. ordinance criteria outlined whichof wouldallow applying proceessor be considered one ordinance was an individual basis? could an applying Mayor Gilman reported receiving three applications, and finding no established policy, he introduced this ordinance. He agreed that if any were to be given the procedures would need to be placed in the code. Under law, the amount of fish tax processors are paying is protected. Only estimates are available as to what the incentive might coot the borough. The Boroughs one -quarter share being applied for would come to $750,000 for the three applications. No other municipality in the state has participated in the program. He stated he anticipated working with one of the processors to do a coot/benefit analysis of what the risk is, bow much increased revenue might be derived from increased plant, etc. Mr. McLane acknowledged akcreditghathwold problem timid to gbrowth in the the Peninsula, more jobs, additional fish revenue, it should be supported. Mr. Mullen stated the effect of the ordinance would be to take dollars currently going into the general fund and give them to fish processors, with a possible tax increase to residents to coommppensate. Currently they can get reimbursement from the state up to 50x of the tax. He urged it not be set for hearing, it was noted a tax incentive program was used in the b+silding of most of the oil related facilities a 10 year moratorium on property tax, mandated by the legislature and a payment -in -lieu of taxes which ran out in 1979. ORD. 88.13 WAS DEPUTED BY A VOTE OF 6 YES TO 9 NO AS POLLOWSo YE$s Nash, Phillips, Glick, Hodgins, McLane, Brown NO& Keene, Walli, Mullen, Crawford, Carey, Sewall, McGahan, O'Connell, Skogstad L. CONSIDERATION OF RESOLUTIONS (a) Rea. 88-21 "Authorizing the Transfer of Funds for urc see of Equipment in the Borough Clerk's Department" (Hodgins) ASSEMBLYMEMBER HODGINS MOVED THE ADOPTION OF RES- 88-21. Mr. Hodgins reported the Data Processing Steering Cmte, has a recommendation to purchase the equipment. Mr. Crawford reported Finance Cmte. noted funds were available in y -this year's Clerk's budget.- - Mr. Hodgins noted the need was apparent in the Clerk's office for two i 1 hich will enable the clerk to microfilm -readers, -and Computers- codify- curatnea ordinances.and it}peewrittensordinances,�ner etc.ilforrprocueingk .4 i � I E Jk� W KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL_5, 1988 Several proposals for the equipment are in hand within the amount requested. He stated the Clerk had verified none of the proposals were from companies her husband was connected with. In response to questions from the Assembly, the Clerk reported three proposals are required by the purchasing ordinance and the third proposal is overdue this date. One of the firms will be selected to provide all the equipment requested so that they can do set-up and verification that the system works. The three proposals were from Alaska MicroSysteme, Denali Computer Services and Computer Land. Mrs. Phillips stated in light of the fact that the $13,500 requested will undoubtedly be saved through codification of ordinances she recommended approval of the resolution and purchase of the equipment as soon as possible. Mr. Mullen also encouraged passage, noting a lot of research had gone into the decision regarding what equipment should be purchased. RES. 88-21 WAS ADOPTED BY UNANIMOUS CONSENT. (b) Res. 88-29 "In Support of the Program Provided by Tfa-Tr Tne Fish Hatchery" (Sewall/Glick/Skogetad) ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-29. Mr. Skogetad reported Local Affairs Cate. heard Regional Manager Tom Crone and Trail Lakes Manager Terry Elison as well as CIIA Director Tom Mears, No actual recommendation was voted upon. Mr. McLane commented the bill signed by the Governor last week and from the cooperation exhibited between representatives of ADF&G, FRED and CIIA, he did not feel the resolution was necessary. Mr. Skogetad believed this resolution was only asking that the parties to any agreement consider carefully the economic impact of any change to the existing program. Pros. Sewall passed the gavel to Vice Pros. Carey in order to comment that passage of 410 by the House and Senate made Res. 88-22 moot and it should properly be Tabled when returned. This resolution reflects one passed by the Seward Ch6mber of Commerce and has none of the negative conotatione of the former one, but is positive in every respect. The ggavel was returned to Pree. Sewall and Mr. Carey spoke in support of tine resolution which he said only asks careful consideration. Mrs. McGahan commented that since Cook inlet Aquaculture Assn. had pledged to continue the existing programs and eventually expand them if they took over operation of the hatchery, the resolution was not against that option. She was sure if CIAA did take over the operation they would insure the program is continued in Resurrection Bay. ASSEMBLYMEMBER HODGINS PROPOSED A FRIENDLY AMENDMENT TO INCLUDE SENATOR SZYMANSKI AND REP. 2AWACKI BE INCLUDED IN SECTION 2 AND THERE WAS NO OBJECTION. RES. 88-29 WAS ADOPTED BY A VOTE OF 12 YES TO 3 NO AS FOLLOWSt YES: Phillips Keene, Walli, Mullen, Glick, Carey, Sewall, McCahan, O'Connen, Skogetad, Hodgins NOt Nash, Crawford, McLane (b) Res. 88-30 "Authorising the Release of the Kenai Peninsula'orough's Revereionary Righre to the Spring Creek Correctional Facility Site" (Sewall) -6- IQrM�Ntit f-71 / KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5 1988 ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 88-30. Mr. Skogstad reported the committee recommended "do not pass". Mr. administration McLane reported tion and recommended defeat heardlic Works Cmte. e om several embers of of the resolution. Pres. Sewall invited public comment. Darr 1 Schaeferme er, Acting City Manager of Seward, stated the resolution was ntroduced at the request of the City as part of the commitment made by the City in connection with the refinancing of the Spring Creek facility. a reported the reversionary clause was included three years ago when the Borough deeded the land for the facility to the City of Seward to insure it would be used for the intended purpose. Now that the prison is completed, the City would like to see the reversionary clause removed. The facility is designed to be doubled in capacity and the land will be so used for many years to come. In answer to questions, Mr. Schaefermeyer reported that of the 260 acres deeded by the Borough, 60 are used for the facility itself, with such a40. 0 the water using units sewage as part disposal complex. planned us, the entire acreage is a part of the financing that is included in the agreemente and documents that are binding on the City and the State of Alaska. lie stated the pledge to endeavor to have the reversionary clause removed was part of the refinancing agreement reached 1 1/2 years ago. Pres. Sewall added that when the City began to request locating the aeiothnr in applied as we, e Aseembl therefore the reversionary uld be any McLane impact too the Cityed the of the clausewas s was not removed. and Mr. Schaeferre - meyer believed it could impact future expansion or refinancing. in answer to a question from Mr- Keene, Mayor Gilman stated the Borough has been exploring the possibility of exchanging some land for a school site, but this has no connection with the reversionary clause. Mr. noanda thereg re pen chance other use of by the becoming anything toogreumote to consider. He added the prison has been and will be a benefit to the whole Borough in terms of employment. Mr. Crawford noted Mr. Schaefermeyer's comment regarding the possi- bility of the State being unable to afford to operate the prison and toothetCity and theBoroughtoeseelitthe remained a prias son site. ood rotection Following comments that acreage remaining unused by the prison eight be put to other uses by the City if the clause were removed, Mr. Schaefermeyer stated the entire 325 acres (including 65 acres previously owned by the City) are leased to the State for operation of the prison. RES. 88-30 WAS DEFEATED BY A VOTE OF 5 YES TO 10 00 AS FOLLOWS' YESs Glick, Carey, Sewall, Skogstad, Brown N0: Naeh, Phillips, Keene, Valli, Mullen, Crawford, McGshan, O'Connell, Hodgins, McLane -7- r) Cl KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5. 1988 (c) Rea. 88-31 "Authorizing the Execution of a Cooperative t art c pation Agreement Among Alaska Municipalities Creating Alaska Municipal and School Districts the League Joint Insurance Arrangement (Glick) ` ASSEMBLYMEMBER GLICK MOVED THE ADOPTION OF RES. 88-31. Mr. McLane Public Works Cmts. discussed and supported the resolution ; following reassurances from administration they would review the s program carefully and that the resolution was not a commitment to participate. Adoption of the resolution is necessary in order to get the figures and rates to evaluate the program fairly. ASSEMBLYMEMBER NASH MOVED TO AMEND TO ADD "subject to the Borough's "That" AT THE BEGINNING right to withdraw from the agreement," AFTER _ - OF SECTION 3. He noted Section 2 gives the Mayor authorization to back out if he desires, the amendment gives Section 3 the same flexibility. Mrs. McGahan expressed discomfort with the wording which obligates -- 1 the borough for a 3 year period. - Mr. Boedeker stated only members get the specific information 3 required to make a valid decision. The resolution authorizes a year commitment if the Mayor does not withdraw. The Borough has 30 - days from the date of the first quote to withdraw. When the final quote is received, if it goes up, the Borough will have another opportunity to withdraw. • * RES. 88-31 WAS ADOPTED BY A VOTE OF 11 YES TO 4 NO AS FOLLOWSs ' YESs Nash, Phillipps, Keene, Crawford, Glick, Carey, Sewall, O'Connell, Skogstad, McLane, Brown - NOs Walli, Mullen, McGahan, Hodgins * Prior to announcement of the vote, Mrs. Walli indicated her desire speak (but was not recognized) to change her vote to "No." Pres. + Sewall stated the Assembly had no provision for changing a vote and wished to have it established by the Assembly. Mr. Nash challenged the rulin1l of the chair. The vote to allow Mrs. Walli to change was approved by a unanimous vote. (d) Rea. 88-32 "Requesting the Kenai Peninsula Borough nomrc District to investigate the coE evelopment Foreign Trade Zone" (Brown) Creation of a ASSEMBLYMEMBER BROWN MOVED THE ADOPTION OF RES. 88-32. . Mr. Skogstad reported Local Affairs Cmte. had a "do not pass" J EDD is formally recommendation. The concern expressed was that not organized at this point, and questions were raised as to whether it I_ should be given direction before priorities have been set for its use. _... Mr. McLane reported the Public Works Cmte. had similar concerns, but the recommendation was "do pass" with an amendment. He felt there was validity to giving direction from the Assembly at the start. ASSEMBLYMEMBER McLANE MOVED TO AMEND BY ADDING TO THE FIRST WHEREAS, "and airports" AND STRIKING THE ENTIRE SECTION 2. In response to a question from Mr. Crawford, Mayor Gilman reported the committee has not been fully formed yet, but the anticipation is with the District. -r- -- --.'• that the Borough will contract -Economic-Development. (as a non-profit, independent corporation) for certain services. He felt this would be one of the activities EDD will select as an 1 ---- — ongoing project. I -8- I S• KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5, 1988 Mayor Gilman also responded that the port of entry process is a customs term and there has to be a customs officer available before obtaining port of entry status. Before you can have a foreign trade zone, you also must have a customs facility. THE AMENDMENT WAS APPROVED BY A VOTE OF 13 YES TO 1 NO, 1 ABSENT VOTE (Mullen voting No, O'Connell absent). Mr. Brown stated basically a foreign trade zone is an area with U.S. Customs supervision under which foreign products can be brought to the U.S. deferring payment of duties until the goods leave the zone. Nearly 46 letters have been received by one applicant. from Japan and Korea, indicating a free trade zone would potentially attract their corporations to the area. He believed establishing a record of positive support was very important. RES. 88-32 WAS ADOPTED AS AMENDED BY A VOTE OF 12 YES TO 2 NO, 1 ABSENT (Keene and Mullen voting No. O'Connell absent). M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as notedl not for action at this meeting.) (a) Ord. 88-8 HEARING 4-19-88 (b) Ord. 88-9 HEARING 4-19-88 (e) Res. 88-22 POSTPONED TO 4-19-88 (d) Res. 88-28 POSTPONED TO 4/19/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC C0194ENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA Don Berman. Nash Road, addressed the flooding problem reoccurring in s area. He reported he had purchased his Nash Road property in 1982 and soon after moving in experienced the first flooding or the creek. He brought his problem to the state legislators and the borough assembly, but although it was recognized as a serious problem, no one offered a workable solution. He described obstruc- tions in the stream that cause it to flood but because of interest in keepingg the fish spawning undisturbed, they are not removed. He described his efforts to correct the problem which were frustrated by regulations against his activity. He Bug sated real estate brokers be required to advise, over signature of seller and buyer, that wetland sales are under restrictions. He noted in time this area will be required for development as a result of the prison facility. He felt the condemnation solution might be the only answer. If the price paid was fair he would be agreeable. He repeated hie request for some entity to solve the problem. Pree. Sewall commented the flood plain ordinance introduced would address some of hie concerns. He reported Planning Director Fenner was working on a plan for further rectifying the problem which would be forthcoming. Mayor Gilman noted in regard to the flood problem, when there is a disaster, regulations are set aside in the interests of providing needed help. When the disaster is over, the regulatory process is extremely slow. The Borough has contracted with an engineering firm to do an analysis of the area and what can be done to protect property. When that is accomplished a proposal will be taken to all the concerned agencies and then to the legislature for funding. Other areas will be looked at also for potentially hazardous condi- tions. P. MAYOR'S REPORT i. ... 1 I I i 1 -9- tom- Re i 1 `-6 PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF AP 5 1988 - - KENAI R 1 (a) Legislative Report answered een yd MarlaHSS Mayor Gilman referred to the Legislative Report Gilmanquestions who was present. Me. Huse and Mayor relating to items in the report and described the process by which he elementary school. 7rr.r' was endeavoring to get funding for the Seward (b) Memo 88-32 KPB Budget, 1988-89 Mayor Gilman reported administration had accelerated the budget help in dealing i process in order to provide figures that would the school budget. He noted the preliminary budget indicates that of the 1. significant changes in some mill rates, particularly South Peninsula Moopital Service Area. He stated the reason it 1s auditing lower this year is becauee the Assembly, through the county in the f z procedure, required the hospital have their audit included from patients is counted as ' -+ ! Borough audit. As a result. revenue local effort money and additional revenue sharing funds have appropriation requested by » resulted. The budget includes the school the school district. Q. OTHER BUSINESS (a) Special Meeting Set for April 12 ASSEMBLYMENBER CAREY MOVED THE KPB ASSEMBLY HOLD A SPECIAL MEETING ON THE SCHOOL BUDGET APPROPRIATION, RIL 12, L1988IN ORDERTo SCHOOL R TOHELD SOLDOTNAGH Mrs. Phillips stated she had a prior comaitment and asked if another Pros. Sawall stated the auditorium had been `.� date could be arranged. available. He i reserved and he was not sure what other dates might bmeting th a 19th, but hear! ge one April 12th hethopethe dec most uof ld be extended toTHE d to have the public MOTION PASSED BY UNANIMOUS CONSENT. 't (b) The Tabling Motion Mrs. McGahan reviewed a portion of Mason's Manual dealing with the to lay and item on the table which states ,As sometimes used motion by legislative bodies under a special rule, a motion to lay on the table has the effect of final adverse disposition of the question." "Postpone indefin- She noted it "has the advantage over the motion to itel " in that it's not debatable and has a higher order of prece- be as finally ,¢ j deuce. A question laid on the table is not to regarded die osed of unless the rules clearly so provide, or the practice is b" She believed it has been the practice established eyond question. kill item by tabling it. She wished to establish the i- to politely an rule by motion. Atty. Baedeker stated a preferred means would be to that it would be available to all. f` enact a codified ordinance so Mrs. McGahan stated she would talk to Mr. Baedeker about writing an ordinance. R. ASSEMBLY AND MAYOR'S COMMENTS { Mr. Brown commented would like to .see the Assembly meet in the new Br High School sometime during the summer. He reported attend- j _ ` Nr. jog a teacher's workshop at Houston JrISr Higgh School in the Mat -Su width is very similar to Borouggh and were impressed with the school Nikiski. In 2 years of operation, they have had no problems with the age difference in the 7-12 grades. Mr. McLane reported he had checked with the local US Wildlife Refuge of taking soil samples on refuge { ----------------:: - �` office as to the possibility property -for -- ossible waste site locations. The samples can be information gathered -without as extensive a • _�, I processed locally and program of testing as was done at Elephant Lake. + -- ----------- --- - ;- 1- - - - -- -10- fff 1, I 4 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5. 1988 Mr. McLane expressed frustration with practices referred to as traditional since the Assembly is a constantly changing body. He supported placing of rules in the code or in the manual. Mr. Skogstad believed there was widespread concern for having some controls over outfitters which don't exist at this time. He stated guides in the state are basically managers of specific districts with the responsibility of maintaining a stable game population year to year. Since there is no law regulating outfitters, they can bring in as many hunters as they wish, pay no fees and be irresponsible as far ae the amount of game taken. He believed the bill under considera- tion was necessary. Mrs. McGshan concurred with the idea of meeting in Nikiski. She thanked the Mayor for the early budget document. She expressed appreciation for the City of Seward and the opportunity to visit. Mr. Nash expressed appreciation for the timing of the meeting during beautiful weather. Mrs. Phillips reported Don Young was in Homer this date, would be in Kenai/Soldotna the 6th. She stated while she was in Juneau on Community College business, she was impressed with the local legisla- tor's fight for SB 330 and the overriding of the Governor's veto. ASSEMBLYMEMBER PHILLIPS MOVED A LETTER OF APPRECIATION BE SENT AND IT WAS APPROVED WITHOUT OBJECTION. Mre. Phillips noted the achievement of Kristine. McInnes, although she we from a small school, had no costly coaches, and had no travel budget. She felt the people of Seldovia needed to be commended as well for their support through fundraisers and encouragement. Mrs. Walli asked concerning a petition she had heard was circulating for elected Planning Commission members. Mayor Gilman stated his information was that the bill would not leave committee. Mrs. Walli thanked members of the public who attended the meeting for coming. Mr. Crawford recognised the problem of the creek reported by Mr. Berman, stating he hoped they would be able to offer more than sympathy for his situation. Mrs. Glick also thanked the Seward area people for hosting the Assembly. She reported since the last Assembly meeting, the Kenai Caucus has had two well attended meetings. She and Gloria Wisecarver went to Juneau to lobby, contacting the Lt. Governor and a number of legislators. She appreciated the help of Marla Huss and Sen. Fischer's staff. She reviewed bills and appropriations they lobbied for as well as having an interview with Huh Malone. She noted the Seldovia Chamber has indicated a desire to join the Caucus. Mr. Carey reported receiving calla from residents of Nikiski who do not wish to have their children at the new school and noted many different numbers abroad as to projected enrollment at the school. ASSEMBLYMEMBER CARRY MOVED TO ASK FOR A POLL AT KCHS AND SOLDOTNA HS TO DETERMINE HOW MANY STUDENTS PLAN TO ATTEND THE NIKISKI HS IF IT IS OPENED. Mrs. McGahan reported the first survey was done in 1971 (812 in' favor) and with many since. She objected to another. As a mother, she stated she had made the decision as to what school her children attended and believed that would be the case in most families. Mr. Hodgine believed once people see the new school, including the students, they will understand -the advantages. Mr. Brown stated the same situation existed in Houston where 57 students " elected" to -stay - in- the old school the first year and the number has steadily decreased since. r 0 12 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF APRIL 5 1988 ASSEMBLYMEMBER NASK MOVED TO ADJOURN AND IT WAS APPROVED BY UNANIMOUS CONSENT, S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT (April 19. 1988) ting on April Sewall 1988 at 7 30 p.m. at Sold tnawouldng Special H gh Schol. This e meeting ing adjourned at 12:10 a.m. Date approved 0022L nat an ewa sem y rea ent ATTESTi froa`h cleric I oForget =M Older - Sponsored by Flyer Alaskans *Xn aission `rIOR C� and City of Kenai s d KENXI SENIOR SERVI - Phones 283-7294, 1104 Mis"Lon ai��• -.,, , --. --:--- = 1 Program Coordinator: Lis Schubert Service 9s0o - 3s00, M-F Activity Specialist: Louise Earle - -- . , l 1988 d OLD AMERICANS MONTH MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY y; 4 6 2 3 n �� Coffee Cake 5 OUT TRIP Baskets Lets Talk Bake om Decorations Y Seeds BEAUTY SCHOOL Bingo Proverbs Bible Share Bingo 10 11 12 13 1 1 9 co "Farms" Slide Arts and Crafts OUT TRIP ! "Lets Talk" OUT TRIP Show Flower Making HERITAGE PLACE I Hobbies SOLI. DROCK o ,� �`� t�r��ao � Bingo LUNG ON I AL Game0��a0� ,_• e S 20 t 17 1g 19 16 Movie Cake Bake Head to Toe Clean Up Day Tourist Songs Quiz Attractions Paddleball Box Games Bible Share Bingo Bingo .. I WON 1A VMa 25 �� 26 Movie 27 1 7w24 "Nick Names 23 Ballon Ball Bar-B-Que Card Games Bread Bake Today: 10 "Lets Talk" Famous Quotes Bible Share - arms Vwr Bingo t 30 31 DAILY ACTIVITIES t' I Current Eventa Hot Lunch MOh tl Box Games Exercise Devotional MEMORIAL DAY Mind Jogger Quize Transportation CENTER CLOSED Bingo Active Games Group Discussion Games/Cards NA �� Music I , MAY CALENDAR HIGHLIGHTS A MESSAGE FROM THE COORDINATOR 1 MAY IS OLDER AMERICANS MONTH 6 - OUT TRIP TO BEAUTY SCHOOL 8 - Mothers Day 10 - OUT TRIP TO SOLID ROCK 9:00 - 3:00 New Volunteer Orientation and Training 13 - OUT TRIP TO HERITAGE PLACE 24 - PRE -WORK OPEN HOUSE/BREAKFAST 7:00 - 9:00 a.m. for Physicians Services Providers, and Medical Staff 30 - CENTER CLOSED - MEMORIAL DAY 31 - Teleconference for Caregivers Mental Health Needs of the Elderly, Heritage Place 2:00 CAREGIVER SUPPORT GROUP The Caregiver Support Group meeting is 1 cancelled for May. Please contact Liz if you have any individual concerns or problems. The next scheduled meeting is June 14, 1988 at 12:00 noon, Ft.Kenay LOUISE'S CORNER nMAYn The Flower for the month is the Lily of the Valley and the stone is the Emerald. It's Older Americans Month, Mental Health Month, National Arthritis Month and National y Fitness Month. The week of May lat - 7th is i known as National Family Week and Jewish Heritage Week is May 8th - 14th, Senior Center Week is also this week. May 15th - 21st is Police Week. DATES TO REMEMBER i1 1 - May Day 8 - Mother's Day 14 - Native American Day 21 - Armed Forces Day R 25 - National Missing Children Day t 30 - Memorial Day Spring is here. You can smell it in the- iti wind. We are looking for the first Robin at the Center. This months theme is 3i "Farms". We also will be busy baking for this month's Open House and working on flowers for the 4th of July Parade Float. Love........ L The year is just moving right along, this month is recognized as Older Americans Month, the Center will be promoting its efforts in meeting theds of the frail elderly, by hosting a Pre -Work Or,] House/Breakfast for Physicians, Medical Staff and Service Agency Representatives. We hope to be able to spread the word regarding services provided by the Center and increase referrals. The Open House will be held May 24th from 7:008m to 9:00am, guest may stop by anytime during these hours. Friends and Family Members are also welcome to attend. The participants will be busy baking the refreshments for the day. Volunteers of the Center were honored last month for their time and love given to the Center. This month we will be recruiting for new Volunteers.! An Orientation/Training Day has been set for May loth from 9:00 am - 3:00 pm. Staff and Participants of the Center send their love and support to the family of Madeline Lira. Mrs. Lira passed away April 23rd, and will be greatly missed by her friends here at the Center. i The Center is looking for some Chicken Wire and Plywood Boards to create a float with for the 4th of July Parade. Please let us know if you _ } can help us out with any of these items. Shop{ 3 I List: Brown Sugar. White Kleenex, Paper Towels`, Jelly/Jam, Sweet and Low, Coffee(Decaf); Charcoal, Lighter fluid, Planting Soil, Pickles, Green Olivea,R Walnuts. Spic and Span, Comet, Minced Dry Onion 3 box Sweetned frozen Strawberries, 4 dozen eggs. Bar-B-Que Sauce, Canned Baked Beans, Cremora. Till next month,....... Love, VOLUNTEER NEWS Thanks again to all our wonderful volunteers we were very pleased to see so many of you at the i Appreciation Ceremony. This month there will be no regular Volunteers Mtg. Current Volunteers j are encouraged to attend all or part of the Vol. Training and Orientation Day on May loth. Watch for agenda upon receiving the April Vol. Meet. Minutsi CITY OF IMNAI KENAI SENIOR SERVICES X15EVIOR COURT KENAI, ALA U 99611 (907) 2044166 May 3, 1988 Mayor John Williams ti O` '� City of Kenai oar 210 Fidalgo Street \.Od' ,yJ Kenai, Alaska 99611 w4� r "?r• t; '';.t•'/ Dear Mayor Williams, At our recent Council on Aging meeting, the board considered the issues involving the possible woodshop closure. It is the recommendation of this board to close the woodshop immediately for other use. J. r�S.3 '2 I 1 n TO MAYOR'S COUNCIL ON AGING Kenai, Alaska DATE: May 3, 1988 We offer to the Mayor's Council on Aging, for their consideration, a synopsis of the written material that was presented to Mayor Williams and to each member of the Kenai City Council, at their meeting, held at Kenai City Hall on April 20, 1986. We have been assured, by members of the Medical Profession, that the Carpenter Shop is much needed for Therapeutic purposes. Dr. Gaede has written a letter to the City Council affirming this. Mr. Afta, a Woodworking Instructor, for the Peninsula Community College, attested to the fact that the machinery in the Carpenter Shop is safe. We have well over one hundred sixty (160) signatures on our petitions who agree that the Carpenter Shop should remain open, not only for the Seniors that now use it, but for the use of future Senior Citizens. In 1985, Proposition 7 was placed on the ballot. If Proposition 7 passes It would give the Kenai Borough the power to subsidize all Senior Centers within It's jurisdiction. Proposition 7 was passed by the tax payers by a substantial margin. The tax paying voters therefore, feel that they have been premitted to have a voice in this matter. We have also contacted O.S.H.A., concerning insurance on the Carpenter Shop. They informed us that the Senior Citizen Center is a public building which Is being used by both Seniors and the Public; and that the Kenai Citizen Center was built with grants from the Government. An insurance policy should have been pur— chased for the protection of all personnel before the building was accepted by Government Inspectors. On Friday, April 22, 1988, I was accosted on the foyer of the Kenai Citizen Center by Mrs. Betty Warren and Mrs. Sylvia Johnson, President and Vice President of the Mayors Council on Aging. Both Mrs. Warren and Mrs. Johnson called me foul names and Mrs. Johnson attempted to strike me with her purse. On Monday noon, April 25, 1988, during lunch, while Mrs. Warren was informing the Seniors about the Segregated Housing, and between sentences, Mrs. Warren, in an almost unavoidable voice, apologized to me. I am not satisfied with this form of apology. I request that Mrs. Warren and Mrs. Johnson write their apology in paper and place the apology on the bulletin board. The path leading from Front Street to the Senior Center has been prepared for gravel. Mr. Brighten assured us that the gravel will be delivered as soon as possible. If more information is needed concerning these matters, we suggest you con— tact Mayor John Williams, Mayor of the City of Kenai. - .:- Clare'ce Ladd L S'S�3MCIGNA=~W•I�1J�GION P.2 MAY 03 '88. �........._ _ _�� . P.O. box C•90024 rs NA oeo09 oe)n.vueei.3?oo May 1, lose 3 Walters • Olson, Ina. P.O. Sox 70 Kenai, AK attna Kurt Olson froma John Pendergrass Seattle Regional National Accounts Vol Ci,Az of Kenai Dear Kurt,' You and I have had several discussions regarding the City recently. I would like to address a problem with the shop' in the Senior Center. r As I understand it, the City provides this facility for community seniors. Part of the Center is a 'woodshop', available for in- dividuals to use. As you know, even an adequately supervised woodshop is an underwriting concern. In this case, however, you have mentioned several areas that lead me to believe we have a serious life safety hosard. I refer specifically to these pointsa, 1. Lack of adequate supervision. Apparently there is no one who is assigned to specifically monitor this area, just Center personnel who are also assigned other duties. 2. Lack of safety and equipment training. I gather that the insured has no program to make sure that all individuals who use the . equipment have been properly trained in its use, nor do they train In adequate safety precautions,. 3. Equipmant maintenance / lack of appropriate machine guarding. You may that many of the machines have had their safety guards removed, or that the equipment has been otherwise altered. Obviously ,this poses phenomenal problems with potential liability. Kurt, I am sure you are aware of the dangers inherent in 'shop' operations of all kinds. The problems above make this part of the operation unacceptable from any underwriting perspective. I would ask that you discuss this with the insured, and either get a commitment to correct the deficiencies above, or to stop offering this 'service' .to their seniors. (It will definitely NOT be a 'service' when someone is seriously injured due to the above). Due to the serious nature of this hasard, I would appreciate a decision from the insured ASAP. Could ___hear from you by the end of this week (Q 5-8) ? Many thanks for your help... Jelin Pendergrass (208) 881-3721 M t 0 Walters & Olson, Inc. insurance 130 S. W1110W St. May 3, 1968 Box 70 Kenai, Ak. 99611 Telex 25.249 907.283.5116 Mr. Timothy J. Rogers City Attorney City of Kenai 210 Fidalgo Ave.' Kenai, AK 99611 Res City of Kenai Senior Citizens Center Dear Tims Thank you for your letter of April 26• 1988. 1 have discussed at length the situation at the Senior Center with John Pendergrass, the CIGNA regional national account underwriting manager. Enclosed please find a copy of his May 1. 1988 letter outlining specific points that need to be addressed in the immediate future or CIGNA may exclude the wood shop from your liability policy. It is my opinion that it will be almost impossible to comply with all three of the points addressed in Mr. Pendergrass' letter. I therefore recommend that the City consider dismantling the wood shop as soon as possible. Please let me know if I may be of further assistance. .. � _. ... ...:.r';,�•..:�:1.:1:•�.a'.���a::.''ie:�=?�.: .: t_:au:it'•..r�«tarot. �.. L rm _.i jr � iLl1101a� � l�132i L4qistArnrE Buttrdtq AC11011 CALL NZA" W"fn 014.12 Wit is, mm The mmluie to fast drawing to a close with only 24 do" to go to the 13th Alaska flats Legislature. The M L staff nsads asstetwas free the MB. Bead, Legislative Committee, and elected and @ppeinted off foists from aft Alit soft wnfefpsttttes in the tons of, pp%Mt visit$; p n calls, lotion, and Dell$ to the Oowwgr and Iegistatore backing up staff efforts to effect legislation in your interests. Listed bola an lesuas and leglslatien thigh the $toff bottom ant prioritles bwed an the ML lewd prleritiss, *a ��ta �, potential impact on sunlelplltles stateside, and the amount of time @pant an thase I@euss to dote. Rosati .follow p.... 1184„1" • Seth the Senate ant Russ plroncs CmMstan are boNroing to close out budgets. TM CMA budget contains not of the mejw furling KWan far municipalities, Including sunielpat wlstaies, renWeu shsriti, and senior cltiasns tax onsmptlon programs. Beth tha Halve ad the Swte haw r@Camuewded cop sit the Gowrnerva mabsrs. NIL is rewmaanding p M levele for MAMS and full funding for sontor oitisens tome Special Lgiolatlw Bulletin, Wit !, I Ml. rROOM AIL RIMIEST HuMcipal Assistance Nb,OK.400 110113011,016 Rww+ua Sharing Bi0,T13.400 M,012,200 Sanler Citizens S 3,003,300 $ 7,450,000 The Increases vitt be hod to eels by, but vithout a major push by the folks book home I1:0e hopeless. A major td*ome effort my not iowre the full scant, but it may routs in at least a higher ammixt than the Govoutor hes roeosmaeu 1 0 Also Important are the MM or ushniest aniataua progress (101.0 reduced to WSTJ by the Nam Subeoemdttes) ad the Ubt or rurol dswlopent and CM grant progrm. No 43wo 3Ra • Iror@eahr wink, aatleleaenta urtp iftym Rharlm •• AS supports this 1011SW10n u a top priority. TM bills call for an lncrooas In the minimum entitte- k under the State Rawisw Sharing program from $U,= to 00,000. An additional 03.51 million will be nnded Ga that other MICipatitime mitt not be ponetized by this luucr@sI@ far these at the Nni" tent. TM Nacre Finance Committee CS for RS 430 includes is pr0viston that it will only go into ~ if the @Wqx lotion for rw w shering is at LOW •gust to 04,M3,400 (the OwvOnaMs request plus this sddttlenol 13.5/ mittion). HB 430 to In Rohs Rules switin! whaduting ad p SU is in Ssneto Y lMA. lla 4 4 . judw rattaf -• This top .I K bill is sttiedutod for hrMing fit the Houiss A dfaisiy Coimwittesit 030 pa. I on Mediaedsy, April 20. A "I -to raiao is tentatively sobMted so you can Gall AIR. or Rep. Bundle office - - -- --' OM-4M1 to hue "W Llo heoksd up.- the feaar is gstttnt any bit pmUw ad - the balance Oatw- Alabitity- -and - Je Jty. The only oaam>tnt w how received is fro owe hUmar ad Mike Oettt, We NW auntolplitiM con five with the on CE but Rspreesntstivo Budd dmnot liks do mmi: of 1umMty. The CS don W cmuln the laigump raqulrin, tM m nlcipolltlas to poy the Cost of Caro. PLWE LR TOM LEGISLATORS, AND ►MTiGILARLY THE IMERE OF THE MICIARY COMMITTEE, 00 THAT YOII Ru WT TRIR WAEURE. r 11 H Legistatire Bultatin 0 ib•12 . 2 April is, Me es 4B0 Resiarnl lemma g Assisesnee ►mares •- this legislation ispinmnts the 0CE0's regional sconanic assistance $rants or ARDOR prosrse by statute and asking it a five -Year pro0res "ie0t to legislative appropriation (proposed S300,000 in FY M. The Senate finance Coanittes reported cut a CS (okay) this weak, but it has o long may to s* before Nay 9. It needs active support frog NIL sembere, who passed a nsolutfan baking the program at the 19s0 conto'� The bill to no in Renate Rules sweltlti sehaiwling. speaker Grussenndorf suet live it only M and Finance ttoMttes referrals In the Nouse (not L& . TNIS BILL NMS 02 NEVI (� 4tIL'r 30 • Morim fiah tag MurnJMerasNan with anleia iNas. slit passed out of "so Finance on 4/12 and Is new in Rules, awaiting sdnadullns far Nauss floor action. The Senate bill passed out of Finance on 4/14 and now { Boss to sanate mutes for scheduiing. 00 apperunt probtM. ; NS 3141 ' 43: Allocation eieff-chew* fiohari** business In to ainictestitleez itoleaantlns the pilot orgasm- The ? Nouss bill is in the Rules Cosmittao, awaiting acheduling, and the Senate Pitt to in Resources. was 434 _Tell i�_reowt financing nire •• The bill would authoria sunieipallties to Issue tax -except radevolopaant bonds secured by the tnsrowts to taxes that reault frog -the rodmwtepaent effort. AIL has strongly supported this concept - for s ny yarn}, because it offers nnfoipalitfas another option for creative ffnanncins. TM bill to currently in Now* VIM". FLEAst CONTACT NMRS of THE WM FINANCE CCMITTEE, AM TM THE SENATE, AM REQUEST QUICK ACTION. we 300 • schaL wiletructian. The bill has passed thi Name and to now in Mate Finance as Santa, CB for CSMB 380 (Nag). The Senate Cl calls for only a one-year aorstorlue an new debt, %harm the Noun blII at to for a two-year noracoriun. There to teas sovemant to wend the bill in Senate Finance to have the original NB 380 proposals ego into *flat in a year if the task fora or tM Legislature don not act. NIL supports this bill oven though tone school districts haw apposed the original NB 300 because of a toes of local control. M 3s'b, q 33f • Teem n nines an anieiest wistane*. No 335 to In Noun Fine nce as Co IIB 335 (CMA). This is the preferred bilt. 0 33T to in Sannste Rules but Sppliss only to aniclpstities under 20,000. senator Watford proposed this esandasnt and now was to further aaennd it to esquire sunicfpslitfa over 20,000 to give notice in individual tax notices Ed in the nawpeper. senator Itinon is holding it in Rutes becaue* the sponsor, Senator Janes, thiNut the possible CS sty be worst then the existing situation. BILLS iN THE 110111E NB 303 - school bus driver wage. This bill was hard in Mouse ►leans she sent to a wbcamaittes. The bill would mandate a floor of Br.T0 as the mint" wage for bus drivers. AIL opposes the bill. NB 314 - Allocation of fisheries business taxes to wniclpelitias- Newness Coewittes offered A substitute on 4/11, and Finenee Comaittes offered one an 4/12. CS 2nd p NB 314 (Firennce) adds the provision that sanegsaant areas may be combined, upon nqunt, and if it is deterelned that there is a significant eroes•bonndery effect between sanagenent areas within a management region. The bill is now In Rules, awlting scheduling• Mg 381 . Forward funding. The Nauss CS passed out a ce for this bill including the U 330 tawbars for education and the Governor's FY 89 figures for suniotpsl sesistena old revsnw sharing. it now goes to Finance. ANL cannot oupport the bill with the low IU/RB members and without the senior citizens tax exemption program included. Ng 439 • Nintsus entitlement for revenue sharing. Finance Comaittea reported out a subatitut* an 4/14. substitute includes the provision that the bill takes effect only if the appropriation to the Oapartmanut of Coaamanity and Rpiant Affairs for state revenue sharing for FY 69 sgwls at. toast 644,283,400 (the Governor's number plus $3.51 for the increase in sinimuw antittiment). Referred to Rules. Fit 486 • Fisheries bwinss tax returns shared with sunicipalities. Finance Comaittes reported the kill out on 4/12. Referred to mutes for scheduling.--.. NB.493- Marine gsrbaSs collection. Finance Cositteo PMed clef the WtA _tibtituN on 4/11._ _Now in Rules for _ e. - 4r scheduling. ----- r L tr Legislative Bulletin 0 16.12 3 • April iS, 1988 NR 4% • Approprletlon for swine garbage collection turd. III News Cossittu passed the bill out an 4/11. Now in Ruts for achoduling. NR S30 • Alaska Nunioip t Raid Reek Authority. Sate Affairs passed the bill out an 4/13. Referred to finance. Ns 542 • Rwerallca pay for worker*. VM bill was board 1n Noun CSRA an 4/13 But did not more -out of coasittes. The i L&C CS would empire municipalities and sdwaot dttriCta to Rive 60 days notices to a ployeas replaced by contracting goverment kintias or facilities or pay ant sent es severance pay. NR SU a Rpaofat spill op fatlon to satisfy conditional datenalrotien of federal timnsiant re education funding. Rllt 4 passed this Muse an 4/11 od is new in the Rsr tow. " NI SSS - Au*wfafng AN►C to fund dfspoest of substandard publicly owned housing. Introduced 4111 by Rut* at the rw#mt of the Nouse mebsrs of the Joint Coasittee on Rconosle Recovery, the bill would authorise AN►C to un up to - -- 610,000,000 in unrestricted funds available to It to mko grants to state $genies and aunioipstittss for the dispoeet of substandard publicly owned barlm. Referred to State Affairs and ►inwrce. NR S96 - Adding class slat and workload to smmes subject to nagstlation between school boards and cortiflested o ptoyaes. Introch 4/12 by the Naas Csesittee, the bill would asmd AS 14.20350 to include class site and wceklood as items subject to nsgottatian between teachers and school boards. Referred to Labor i Comets and HIM NB SST' • booption at deforest fees sunlefpst tention for econaslc developewnt property. introduced 4112 by Rules at - the r"M1 of the Rase eater" of the Joint Cassittes an f orosic Recovery, end bill would aa" M 29.43.550 to - outlaw a isnleip pity, by ordinance, to exapt or doter from taxation, in whole or in part,_ oa' a dwalopsont preporty. such an exaptfon could not exceed S yesrs, and spseifto eligibility raptras vets would be included in the eminence estobtfshing the oxeoption. TM governing body could dmy an axsrptfon If It found that it would result in r at uirsasanoble coapatltive dfaabantage to other business" in the municipality. 8Icanoslc avelopment property Is deffnad In the bftt as Nroal or persanst prgWty that may be dspnclated for federal incase tax purposes and is used in a trade or business In a way that crestes asploysant in the sunicip4ity, generates seles outside of the - aunielpaNty of goods or aerviess pradund In the nunfaipality, or notarially reduces Me importation of goods or f �erviees fro" suppliers outofde the o nielpollty.» Referred to CM and ►inane. NR S'is - gads of contractors for public buildings and works. Introduced 4/13 by Rules at the request of the Governor, tM bill would rate the $100,000 threshold for "VIM perfonMnae bonding on stets and ■nieipat public works projects to 0250,000. As described by the Governor in his V--onittal letter (Neuse Journal, 4/13, p. 2937), the chop is deaignsd to "expand the dollar volute by *last 400 percent fron the present tent ad could asks 4. oailable to the ealstnatlon industry doable the actual nuebor of projects that would ban no perforsence bonding rsqulraasnt. The baling raqulressnts would still apply to 90 percent of OOT//I#s construction prograa." Referred t0 ; Labor 6 Cawarce and Finance. r NO SS9 - Altowins aunlefpstftles to grant tax axeaptlons for certain interests In low•fnome housing. Intrakxed 4/13 br Casnnfty 6 Regional Affefre Comnittes, the Ill It is identical to Ss $00 (a" Legislative Jut tedn 16.11 and below). :t It would authorise in tell the exaptfon on nxatfon of possessory interests In low-incoen housing now granted by z aunicipstltfes. Referred to CLRA ad Finance. gas discussion blow an is SGO. CS a SO (Nis) mended • Dissolution of a aunielpsllty. This bill use brought up on the Nos floor on 4/13. After "i an attsept by Ropesnntstive ernes to delete Section S, Web deals with succession to the assets and liabilities of a dissolved sunteipelity, and an objection by Reprowtotive Noffoon, the bill was returned to Rules for further consideration. j a 336 - ►rocutment preference for Alaska agricultural and fisheries products. Finance offered a eulotitute on 4/13. ! f CS fig 356 (Finance) adds a new section to AS 29.71 on peccueseon preforences for eunicipsl purchases. The previous vsrsions of the bill had Included sunicipalities within the As 36.15.050 smadsent, which now Nooks ntly to f -- ---- puxehMes by the State or school dtseriets. Raft- rsd to Rules. -- fiS-3U - Alcoholic - beverages In ores that bass prohibited or restricted sale of alcohol by local option; delivery, t - - - -.. - purchase, al svnicfpal regulation of alcoholic beverages. CS 0 371 (Finance) toes below) wread in House fo anr f first tine an 4/13 ad refornd to Nan, Judiciary,aid Fineke. t � E i A Legislative Bulletin # 16-12 • 4- April 15, IM 8ILL8 IN TO ONATE a 364 - Registration and listing of subcontractor. LOOP & COMW94, offered 0 substitute an 4/13. Referred to Rules. U 371 - ReLoHno to stembotle beverom In twat option arm; dolIvOT, purchase, ad municipal poptati6n. the Finance CoamItto, offered a adatituto an 4/4. The Letter of intent comots Journal, P. Mq) "I 18CS 4 371 (ri N,p I ropruaft the coopitation of a mgbap of pieces of t"Istatlan introduced this maim and idea expressed du ins howinp and wk melon on Owe bills. it is She Intent at the L"IststUr*, thrV* this Place Of legislation, to mlot these committee which he" elected to adopt one or am of the local, Option PrOV1010" su"*Iaod under AS 04.11.490 - 500 by allowing for W* tout control am the option Is adopted, Wd'bV 418rifVing -I other praviefong of Title 4. It is also the intent of the Legislature that the Alcohol soversoo Control lard review to Its Mosulgtima to identify the" arms which night be in conf List with the Purpose of this bill or unclear of Intent . with reserd to the taut option pMI8Jmo In Title 4. The Alcohol 18W018 CMtrOt Board should also ensure that time peckess tfcwwmw which do business with local Option communities are "M at and understand the statutory and peoulatory prWislons of Alaska moo, Option jewo.- sill No passed by the Senate an 4j1g and is now In the NOUN. 18 3N. - Owing fish tax return Information with gunicipalitift. Rill passed sonote Finance on 4114. Referred to Ruin for scliedutfrio 0 "S - Elected planning commissions. no Not" and "note c&NA coamittess held a Joint teleconference hearino an $9 445 and 0 M. The is and Cs smito an elected planning commisolon Optimal. Nast t"11100nY came from Fairbanks In auppept of the togIletatiml Kenai Peninsula Borough spoke in opposition. NIL his taken no position an the $11 and Co. a 40 - Rogiongl mgo�smio assisterms program. Firanot passed out a Co an 4/13. The co meds minor chases noting a nan.prof IS apsenizatim or &Mty is eligible to Insure that municipalities could apply; and, the of mWm the funds Igpolng to require oM to justify She funding request an" year. Referred to Rules. 0 W - AllowfM 111nicipolitin to, spot tau eximptlem for captain interests in towincane housing. sonste C&RA ct,&Ittn passed the bill out an 410, during a joint hearing with the Nouse committee. Testimony an the bill Indicated that if it to not Passed regionst housir tend to lose up to 6645- million In debt service 4 corporations 6 no a Possessory interests funding from ths, faderst gmenom for then projects. Nunicipolities have not been taxi the inter of project residents, but a recant Attorney Gampat's opinion Indicated that they sust, unto" State tow awl f lest 11 authorized on exemption. Referred torhmon. 113307- Bands of contractor for pubtlebuildings end works. IntroducW4/0 by Rules at the request of the Wismar, the bill in identical to No $58 (ses above). Referred to Transportation, Labor & Comm, and Finance. No $43 - special spproprIgitim to satisfy conditionat determination of faderst government re education funding. Referred to "note F1"L- NMMI1 WNMITTU UMINGSIMTINOI erm"11V AM 22MMAL AVNA1012 Court Idle- 602 1" AfSs9 Tax exemption for certain Interests in low -Incur 11WAffis No 557 Tax exception for economic dovaloplent Prq*PtY Wadmisday, April 20 capital 919 No sil FT W state operating budget Nonday, April 18 No 407 school Account in Personant Fund No 375 FT 89 state **rating budget Tuesday, April 19 through Friday, April 22 W SEEM ' Legislative Bulletin 016.12 S April 1S, 198E , , E Bonder. April 18 NB 489 note formula funding for adm stlen IN Z . Deadlinre for funding eduostion vedrraed y, April 20 NS $16 Naserdous weetse/aatartals placards 4; NS 524 Water gntity criteria 1 itol to Caottol 12i te3o ems. i Tuetdsy, April 19 g 2B2 Municipal, ales and use terns Wdrresday, April 20 to keep a bear ar eJR 16 Rd arm i xB 406 IMM liability _ Friday, April 22 le sit Civil tisbitity for certain volunteers yadrrpdiy, April 20 Mitt40 ►etroleww research and develapmnrt ANL NEW .. . The last swholuted nesting of the Atoka ConfeHrree of N@YOH (AWRI during the legislative session wilt be INOMM& all savors to attend. ACoN President Johnromm has tantatlw►t� to discuss state funding for eehsduled a joint Norge aM Senate Iirrsrree Coosittes meeting with the "yore be to resent for the morning/ of Wit 22. The asin discussion on the Zto tdeveloopment municipalities ettlied and paarrtlCtpsts In the to the Legislature. As a statewide organisation, Atoll needs mammy WON of this position. In addition to dle"SIona of funding feels of municipal sostatanoa and rsww,e shortie, the tentative agenda also Task Force an Transportation Includes dtecrrstone of NB 300 retatirp to Responsibilities, and the organization of the school cantrwticn, the Governor's AW wlncorasittes an state rwmW sources. Please con t0 this taportent ami g end Make sure you hew paid your dun In order to vote. ANL Joint INBWRANCB Alt UTIGN NEWB .. . q�es .n�11 tstleated aims contrlbutiam or quotes, atog with the policy form, ware waited on 4/9188 to ANL/JiA participmts es of 3/31/881 AddItIONt wtlt be making sot ssent ttoparticipants Divisiaa oth y Said Inithetor eppresegeullrad Information. The NIL/JIA Bard of Trust c Of the proerem an 4129/88. It The ANL Joint Insurance Association is gsthertap snemratrw as the deadline for psrtieipstion draws near. St. Narys, r Bethel and Nustia the tilt of rtie coalligod Hest ens by North 31st. Since then, Aleknpik, Betties, CHI/, JrsNw, Wks, Kerri P mute Cordpa, and Name�i4b• For thew keeping track of their Joint Insuraww Asmistion Pe ee br ti the total participants to fortysixt Atakmmgtk, AnPffl, Borrow, Bethel, Battles, CordsveI Craig, salts, slim, 1 irbscks- IirbardCs Korth star �orou0h, Naina�s (city), Meimae Borough, Noopar Bay, Mullis, J au Kake, Komi Peninsula so Kotehiksn Gateway , Kodisk (city), Kodiak , {` Feud Borough, Kot=ear, Nona n Vitte—p mans, Nsmmrs tiC Schools, Naahslem, Ntkolal, Now, Cutinkta, PetombM, Polver, Petieen, Wiemn School District, Port Liars, CutNregak, St. Nary*, ShishmarN, Sitka, Skegway, Botdotm, Thorns Bay, Tenakee Springs, unslaktest, Wtdsz, Multls, and Whittier. Potential msalrrs wore sent another perticipmtion packet an April 1. Friday the 16th we tits deadtims-for- Srahaltting- the liability end property tea aid exposure Information in order to be considered for portlCipatten in the ANL/JIA for July 1, 1986. April 26W Is the doullIN for receiving a timed ordlmareNreeotution, cooperative *or-"►t' w4 _ be stoned srAx tou rw in of understanding- participantsho i a (signing up and rHNarch �3latviwegillhhaw •untllday wApriiew lsr29th iod due tdeclim L J t Lesistative Bulletin 0 16.12 - 6 - April 1S, 19E8 f participation once they receive their estimated anmwl deposit contribution or quote. Pattiatpsnts, those who submitted their Marl at by March 31st, were sent Copies of proposed bylaw Ord Cooperative agreement uwdMnts along with a bsttot to return if they do not approve Of the Asandapits. All others were sent the Asendmmnts for information. Jahn George, ANL/JIA Inew mice Administrator, can be readwel at the ANL office and is avef table to answer am► questions you have ragatdfng the program, yaw quoto or the policy form. OTHER NEW .. . n The Nouse Community and Regional Affairs Committee has arranged for a TV e The program, discussion program an the gmtfan Of cmtinB new boroughs and the tenantobject of toast gowrtwmws an outgrowth of hearings And taleconferanass held during the session. wilt feature Representative Ron Latsan, prim" spun M of NB 1, the no msndetory borough act; Representative Al Adems, who apposes the bill; Natty Rutherford, Omputy Commissioner of the Door' - Of Cawunity and Regicnet Affaire; and Rep. Henry WInpt, Choir of the HOute CMA Committee. This important discussion will air an RATNET on Wenaedey, April 20, at 8100 p.m. throughout the rural arse. Teams, Al"tienna_!esc l2CI ah1 The newest member of the Aleaks Nunlelpat Loom is the Aleutians lost Borough, headquartered In Sand Point. Dick Jeabsen I$ the Neyor, and Lamer Cotten is the Borough Reneger. The borwgh was ;ff formed as the reautt of an election held test felt snd is the thirteenth organized borough in Alaska. Welcua to our now sasberel NUNtCIPAI CALMAR K April 21 ALASKA CONFEkl= OF MAYORS, Bsranat Motel, Ju► m, tOs30 a.m. • 5100 p.m. A block of rooms has been eaved at the Boranof (50,2660). For metre lnfamatfon, all AML at _k ii6.1323. April 2t April 29 April 30 Hey 3.6 .1 . Hey-1if•20 a "1"pLE11ENTING THE SiNOW MIT ACT" - OFOA GOVERNMENT FINANCIAL NANAOENSUT SEMINAR, Atlanta, Georgia. The Career Development Center of the Gm"m nt FtMMO Officers Association is sponsoring this workshop and one on April 30. Roth Courses qualify for CpR credit for CPA. Advance registration by malt is pWirad for the samtners. Registration fee is SJ25 for 010A membere and Stfl for nornembers. For more Information, Contact Karen g. Netson, GFOA Career Osvetgmnt Center, 312.9F7.9100. NATOA REGIONAL TELECOIMICA11ONS CONFERENCE, TorrAnas, California, sponsored by the National Association of Talecommm logttans Officers she Advisors, on affiliate of the National League of Cities. Con WGM topics includs cable team, Caammnieating with the public, legal team and talecomisnicstfam, cableeesting Cowell/asubly meetings, city services an cable, public safety Commnications, sW many other topics. For sore information, cwtaat NLC, 202-626.3000. ■MINING, RVALWTiNO, ANO FIR1NGa A REVIEW OF PUBLIC PERSONNEL MANAO MINT" - OFOA GOVERNMENT FINANCIAL NANAOENENT SEMINAR, Atlanta, Gsorgla. The OFOA Cares? Oevelopaant Canter is also sponsoring this a s pr*Wd*rwm "MMt. See April 29 listing for more information. WIMN INTERSTATE REGION, NATIONAL ASSOCIATION OF COUNTIES. Lane County (IMMMI), Oregon. Annwl meeting at Eugene Hilton. For ears information, call We at 202-393.6226. IRISTERIt moloAL 11110011119 ON RURAL INTERCITY PAgMOER TRANSPORTATION,.San Francisco, Catifemle. Symposiui gw*wW by U.S. Departments Of Agriculture And Trnsportation, they symppsiui will amine the dema0raphic And eeonomla bnea of rural American red relate them to &w4ing- pusenger transportation reds -and dmmnda. it is designd for t"We of agencies And organizations concerned about the provision d rural intercity pASAAngar service in the Western region, and i Legislative Bulletin 0 16.12 . 7- Apri 1 15, 198E about the linkage that exist with the CoMnities and the nation. for more information, Contact Nancy More Yastern Rural Owelopnent Center, Ballard Extension Nall Roos 307, Oregon Mt* University, Corvallis, OR 97331. Nov 22.26 M1103 TO TIN! iUT UN - INTERNATIONAL IIISTiTM OF MMICIPAL CLERKB ANNUAL INTERNATIONAL CONFERENCE, 11101mn, llaehingteu for more information, contact ZINC at W-T9S-6153. MY 23•26 OFOA OpYERNNENT FINANCIAL NAMAODI MT SEMINARS, Chicago, Illinois. OFOA will sponsor sessions an ■Finnur0141, Naporting and the OFOA Certificate of Achiwamene (Nay 23: registration in $125 far madams, $175 for ragas Ww#), ■Ninny Narket Nonagement for Oowrnrsant " (Noy 24.26T 5260, 8310), and "Advanced Oovernenatal Accountingll (Nay 26.26; $NO. 0310. Adnanee registration by mNI is required. for more iMonsstlon, contact Koren N. Nelson at OFOA Career Devalopssnt Center, 312.977.9T0O. May 31 - June 2 'MESONT COM MITIEgt BUILDING AN INAOE AND AN ECONOMY• - iWA RESORT cggalTy CONFERENCE, Milton Need Island, South Carolina. This Conference is for local officials who aorvo in resort CCesratities. Topics to be covered will include MPraoting end Morkating Tour Resort Community loge,* wllhat Lin Ahnd for Assort Committee in the 1990s,* "Ftnmieing Todniqm That Work,* and ■Dseling with the Special CGINUMMes that Resort Canmsdties ►ace.# For sore information, call Kimberlay TromMy at ICNA, M-626-4600. J0E OPENINGS Assactate manner - Kodiak IstaM soreuah. The Kodiak island Borough Coenmallty Osvalapssnt Department has an opening for an Associste ►tsrnsr. This is a full -tier position. Applicants should possess exceptional organizational skills, the ability to deat with people in on assertive, tactful mmrnr, and knowledge of municipal codes. Applicants should also possess a bachelor's degrse in urban or regional planning or a related ftold and have four years, experience in the planning profession (graduate work in urban or regional plsming may substitute for two years of the required profeesrodsl experience). The successful applicant will be prlmsr(ly responsible for providing staff support to the Kodiak island Borough planning and toning Contagion and must have the ability to work with mlnlmal supervision. Prior experience in coaprdmulve plan preparation, zoning code rovislon, end knowledge of Autoced wlIt be an asset. The position requires attedones at night mntings and this ability to work under stress. The currant starting eatery Is 53,193/month. The Kodiak Island Borough is an "At opportunity saployer. Reaumn will be accepted until April 22, 196E by the Borough Mayor's Office, 710 Nllt by Rood, Kodiak, Alaska 99615. Resuass should Include three (3) professional refonnces. City Mansaer - City of Unalaska. City of Unalaska, a first class city with a council/manager form of governsm a is seeking a new manager. Arms population of 1,M. Annual budget of $5 million, includes electric and other utltitiosn as wall as a large port and harbor facility. Bixty full-time aaployees. One manager since ICNA recognition In 19g5. A minim of three years axparionce as City manager or deputy is required. Salary DOE. Plem sand resume showing education, training, post responsibilities and supervlssre as wall es key oeecaplisheents to J. "", City Clark, P.O. Box 89, Unaleske, AK 99M. Closing date# April 25, 1966. -TID a �- let 00 0 2 t I PIP 5' - as g-17 s_ap -- i S