Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1988-06-01 Council Packet
..i• sus _ a..�• i • '=r s• ..�. sy - 66 ,,_ - ...• i• v' f .s_ J t Kenai City Council Meeting Packet June 1, 1988 j CITY OF KENAI I ! PUBLIC NOTICE j ! A budget hearing willl be held on June 1, 1988 for all interested ! citizens of the City of Kenai, Alaska. The following budget !! bud et is ro- posed for the fiscal year 1988-89. j! I FUND AMOUNT ! General $ 5,903,364 i I Boating Facility 95,146 ! Airport Terminal 186, 200 j ! Water and Sewer 699,000 ! Airport Lands 1,228,500 1 ! Debt Service 828,000 ! Senior Citizens 354, 768 ! I ! This meeting will be held at the Council Chambers at the City Ad- ministration Building for the purpose of discussion of the proposed j budget at 7:00 p.m. The proposed budget may be examined on I ! weekdays at the C Clerk's office between I ! kY n 8:00 a.m. and 5:00 I ! p.m. All interested citizens will have the opportunity to give written I ! and oral comment. Senior citizens are encouraged to attend and I ! comment. I j Handicapped persons needing assistance should contact the Ci- ty I ! by calling 283-4156. I !I j The City does not expect to receive Federal Revenue Sharing in I ! 1988-89. The City has unappropriated Revenue Sharing funds in- cluding interest, of approximately $343,000. However, no expen- ditures of Federal Revenue Sharing funds are included in the pro- posed budget. PUBLISH: 5/15, 1988 1528/211 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 1, 1988 - 7:00 PM B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Royal Pacific Representatives - Pipeline Contract C. PUBLIC HEARINGS 1. Ordinance 1260-88 - Amending Kenai Municipal Code Title 23 Exempt Employees a. Substitute Ord. 1260-88 2. Ordinance 1261-88 - Increasing Rev/Appns - Senior Day Care Donations - $926 3. Ordinance 1262-88 - Increasing Rev/Appns - Senior Citizens Donations - $3,821 4. Ordinance 1263-88 - Replacing Tables in Personnel Regulations, Title 23 - New Salary Structures and Hourly Rates 5. Ordinance 1264-88 - Adopting Annual Budget - FY 1988-89 6. Ordinance 1265-88 - Increasing Rev/Appns - Run- way/Taxiway Overlay - $66,000 7. Resolution 88-41 - Rate of Levy of Property Tax for FY 1988-89 - 2.7 Mills 8. Resolution 88-42 - Transfer of Funds - Parks Dept. Personnel - $8,000 9. Resolution 88-43 - Transfer of Funds - Inspec- tion/Survey - Coral & Cohoe - $12,320 10. Resolution 88-44 - Award Bid - Construction, Drainage, Water & Sewer - Coral & Cohoe - Zubeck Inc. - $243, 904.25 11. Resolution 88-45 - Award Bid - Curb & Sidewalk Repairs - Valley Concrete - $15,871.95 12. Resolution 88-46 - Authorizing Participation - Grant Application - Developing Seafood Industrial Park- 13. *Liquor Application for Restaurant/Eating Place - Pizza Paridisos The public is invited to attend and participate. Janet Ruotsala, CMC City Clerk 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 1, 1988 - 7:00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call a. Resignation of Councilman Ackerly b. Discussion - Selection of Councilmember 3. Agenda Approval 4. 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. 4 B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Royal Pacific Representatives - Pipeline Contract Co PUBLIC HEARINGS 1. Ordinance 1260-88 - Amending Kenai Municipal Code, Title 23 - Exempt Employees a. Substitute Ord. 1260-88 2. Ordinance 1261-88 - Increasing Rev/Appns - Senior Day Care Donations - $926 3. Ordinance 1262-88 - Increasing Rev/Appns - Senior Citizens Donations - $3,821 4. Ordinance 1263-88 - Replacing Tables in Personnel Regulations, Title 23 - New Salary Structures and Hourly Rates 5 . Ordinance 12 6 4 - 8 8 - Adopting Annual Budget - FY 1988-89 6. Ordinance 1265-88 - Increasing Rev/Appns - Runway/Taxiway Overlay - $66,000 7. Resolution 88-41 - Rate of Levy of Property Tax for FY 1988-89 - 2.7 Mills 8. Resolution 88-42 - Transfer of Funds - Parks Dept. Personnel - $8,000 9. Resolution 88-43 - Transfer of Funds - Inspection/Survey - Coral & Cohoe - $12,320 10. Resolution 88-44 - Award Bid - Construction, Drainage, Water & Sewer - Coral & Cohoe - Zubeck Inc. - $243,904.25 11. Resolution 88-45 - Award Bid - Curb & Sidewalk Repairs - Valley Concrete - $15,871995 12. Resolution 88-46 - Authorizing Participation - Grant Application - Developing Seafood Industrial Park 13. *Liquor Application for Restaurant/Eating Place - Pizza Paridisos D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Kenai Bicentennial Commission 6. Library Commission 7. Recreation Commission 8. Planning & Zoning Commission 9. Misc. Comm/Comm E. MINUTES 1. *Regular Meeting, May 18, 1988 F. CORRESPONDENCE 1. *Barbara Crane, Tundra Times - Thanks to Mayor Williams 2. *Alaska C&RA - State Revenue Sharing Entitlement G. OLD BUSINESS H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified �.--2 . Requisitions Exceeding $1, 0 0 0 -3. /Ordinance 1266-88 - Increasing Rev/Appns - Swires, Lawton - $823,000 4. Ordinance 1267-88 - Amending Kenai Municipal Code Title 17 - New Date of Application of Penalty and Interest, Delinquent Water & Sewer Bills. 5. *Games of Chance & Skill - Peninsula Learning Resources 6. Approval - Inspection, Surveying, Testing - Coral & Cohoe - Wm. Nelson & Assoc. 7. Discussion - Dena'Ina Pt. Estates Addition #1 8. Discussion - Schedule Work Session a. Camper Park - Beaver Creek b. New Building Function - Kenai Bicentennial 9. Discussion - Russian Orthodox Church Repairs I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT COUNCIL MEETTNG OF Jy S a ' • V t COUNCIL MEETING OF •r • . 1 • � - t JUNE 11 1988 INFORMATION ITEMS 1 - Kenai Borough Minutes - 5-3-88 2 - Resource Development Council Newsletter - May 1988 3 - Application for Permit - Kenai River River Floating Dock - Larry Powers 4 - Alaska C&RA - REDI Application - Denial 5 - Kenai Borough, Solid Waste Division - Landfill Plans 6 - TO DO List - 5-18-88 7 - TO DO List - 5-25-88 8 - Comm/Comm Application - Tom Kircher 9 - Senior Citizen Grant Application - Nutrition & Supportive Services 10 - Forget Me Not Grant Application - Adult Respite/Day Care 11 - Kenai Borough Waste Disposal Comm. Agenda - 6-1-88 12 - Transfer of Funds Under $1,000 - May 1988 May 23.4 198 To: Mayor Williams,, Council Members,, City Employees,, and the Residents of the pity of Kenji Subject: Resignation The f ol I owi ng i s my letter of resignation. I want to thank al of you tar your support and consideration during my three terms as a City at Kenji Council member. it has been a challenging and memorable learning experience. A11 of you have been tolerant of my shortcomings and supportive of many of my, ideas and to say the least this makes the job worthwhile, i wish everyone of you the verb best in all future endeavors and I know with confidence that you will continue to mike the City of Kenai one of the very best places to live. This resignation is effective May 30.1 1988. Sincerely, Tom Ackerly IIItjFP 'It -i tiCM iIIIitP I7. :1 ICP Mag'23p 1988 IItItl0 1.. ILI II iams and Council IIIReplacement of vacant Council seat III0 cents to th would like to add mg tw cting a Of sele 8 Proce placement to fiu the vacant Council position .Ah" .the October e ecti on . ..a new member will be elected, the Interim a uer capable, ified _g quall and eitperienced eii-councliperson 7.,Mrs.'-Sallie Ballie shouldbe given ir w iontg consideratiom She'�Js' Ming o serve. andebulousig require i 4 s n ittle or no preparation to bring; he' r 611111 worki g -spe de' Rlsd I s uacancg would ould sincerelg hope that Sallie S consider a'tion' fot..:. Ah Iit hamper or preclude her from running In to's fall, elections.As In past selections we'haus sometimes �'itipulated' that, appointed person should not desire to participate In,"the neitt election, In mg "op IInion It does not.maks" 'sense Ao'stifle aw''ell-mqualified'candidate bg isking them to forfeit the"lr-willin-qness,te'."�s*eruib. The Imagined Iccrued benefit Is so Infinitesimal In a mu'l 1p n c alitg such as the Citg of enai4M`M` that the sup osed benefit shoul be a criteria for p d no Iselection, Ioank gou or gour patience and. Indulgenc 'Inthis Important matter, IIIILI lin lg... cere YA Ii71 6,0 I,.0 11M Ackerig IIi4!11 IIIIIIIIItIif4,4 I14 I4,5- 1 CITY OF KENAI ; Loy 1 lod eaf u.- 4 44zdo4a 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Council Members City of Kenai FR 1q:, �Z�.mothy J . Rogers, City Attorney City -of Kenai DATE: May 25, 1988 RE: Marvin Dragseth/Royal Pacific Fisheries Attached for your information and edification, please -find the following documents: 1. 5/24/88 TJR memo to WJB commenting on proposed changes requested by Dragseth's counsel to the utility permit. 2. Draft "City of Kenai Utility Permit" 3. 5/24/88 T. Petumenos letter outlining requested changes in permit. 4. 5/18/88 J. Lowenfels letter to M. Dragseth which was distributed to the Council during May 18, 1988 Council Meeting, 5, 5/25/88 K. Olson, Walters & Olson, Insurance, letter to TJR regarding general liability coverage. 6. 5/18/88 Council Meeting Partial Verbatim regarding Royal Pacific Fisheries. 7, 5/24/88 Peninsula Clarion newspaper article entitled, "Fish Processor Slapped with Fine," and regarding proposed pipeline. TJR/clf Attachments P c CITY OF KENAI 0 1,10d (?apiw 44z"a it 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 MEMORANDUM TO: Wm. J. Brighton, City Manager ---City of Kenai �F9 FR :�; Timothy J. Rogers, City Attorney City of Kenai DATE-. May 24, 1988 RE: Royal Pacific Fisheries/Marvin Dragseth At the May 18, 1988 Council Meeting, Council directed this office to draft a permit allowing Mr. Dragseth's pipeline on Pirate Lane. On May 19, 1988, we drafted the document and faxed (the next day) the draft agreement to Tim Petumenos, Mr. Dragseth's counsel in Anchorage. On May 24, 1988 (the day this memorandum was dictated), at 10:35 a.m., Mr. Petumenos telephoned this office to discuss and object to some of the clauses in the permit. Mr. Petumenos had with him in his office during our (speaker phone) conversation the representative from Royal Pacific Fisheries, who addressed the Council at the May 18, 1988 Council Meeting. Their objections and comments are as follows: B. Fee - They indicated that no fee was discussed at the Council.Meeting and they object to any fee other than a nominal consideration for the document, such as one dollar ($1.00). c. Renewal - They object to the total term as indicated by this paragraph as ten years and asked for successive five-year periods for an indefinite period of time, i.e. in perpetuity, G. Reservation of Rights - They object to this clause and ask that it be stricken. He Abandonment - They request that the last paragraph be changed so that abandonment would require non --use for a period of five (5) years, rather than one (1) year and would read as follows: "H. ABANDONMENT: Upon abandonment of the pipeline, PERMITTEE agrees to remove pipeline from the CITY right-of-way, in a manner conforming to the applicable sections of this permit. PERMITTEE, i.e..Royal Pacific Fisheries and Marvin Dragseth in his individual capacity, shall be solely liable of the financial cost of removing the abandoned pipeline. Abandonment shall be deemed conclusively established in the event PERMITTEE's facility, Royal Pacific Fisheries, Located on Kalifornsky Beach Road, fails to discharge seafood processing waste through the pipeline for a period of five _(5 ) _years [ONE YEAR, OR UPON SALE BY ASSIGNMENT OR TRANSFER UNLESS PREVIOUSLY CONSENTED TO IN WRITING BY THE CITY]." J. Waiver - They want to add the Council or the Council's delegate as the determining body or person as to whether or not there was a waiver. In reviewing the document and my notes, immediately subsequent to the telephone conversation it appears to me that Paragraph "K" immediately below takes care of their request as.does Paragraph "J." Q. Insurance - They object to the requirement of the City being named as an additional named insured and maintain that it would create an absolute nightmare with their insurance company to comply with this provision. They have a general liability policy and feel it should suffice. P. Termination of Permit - They object that a breach does not have to be material. R. Previous Easements and Utility Permits - Anchorage counsel objects to this provision and asks that it be deleted or in the alternative, that it be changed so that certificated utilities are required to use the easement consistent, with and presumptively subservient to, the use by Royal Pacific Fisheries, Y. Attorney's Fees - Royal Pacific's attorney asks that this provision be changed so that either Alaska Rules of Court, No. 82, Attorney's Fees be made applicable, or that attorney's fees be awarded to be prevailing party, rather than the City being the only party awarded fees. While that was the end of the comments, suggestions and criticisms made by Royal Pacific Fisheries' Anchorage counsel, I informed him that if he had any other materials, they could be -2- faxed to us and I would attempt to review them this evening and circulate them in a timely manner through the administration, and to the extent possible, the Council. Anchorage counsel stated that he would be telephoning me tomorrow morning regarding this matter. The City's legal concerns regarding the suggested changes to the document are set forth below. The City Legal Department has no problem with nominal consideration in "Paragraph B" or with "Paragraph J" involving the City Council or its delegate determining whether or not a waiver existed. We may be able to work around the requirement of "Paragraph o" so that the City is not a named insured, but would reserve judgment until consultation with our insurance broker. We agree that "Paragraph P" should require that a breach be material but the Council should not be the determining body as to the materiality of a breach. The "Paragraph Y" provision that would provide for prevailing attorney's fees, or make this provision one incorporating Alaska Rules of Court, No. 82 is acceptable. I would recommend against a document incorporating changes in other provisions. The reasons for not accommodating Anchorage counsel for Royal Pacific Fisheries' requests, as to the remainder of the objections to the document as prepared by the City, are as follows: C. Renewal - The Council specifically directed that the term be for five (5) years, with an option to renew. There was no discussion of successive renewals or renewals in perpetuity. I believe that granting a right of renewal past a term of ten years would be contrary to Council's wishes and an ultra vires act. G. Reservation of Rights - This clause is virtually identical to one used by the State when they granted Mr. Dragseth's permit for the pipeline. I see no reason why the City should have any less rights than the State. Furthermore, it has been the City's consistent policy to require even certificated utilities to relocate their facilities when the City requires. To allow an non -certificated -utility to get around standard policy sets a very dangerous precedent. We are involved in complex litigation over the issue with several utilities and I see no reason to add another potential plaintiff. -3- H. Abandonment - I would recommend a compromise of two (2) years of non-use. It is possible that the cannery might miss a season and want to operate the next year. Five years could be a long time to put up with a potential problem in the right of way. R. Previous Easements and Utility Permits - Dragseth's own engineer assured the Council that there is plenty of room in the right of way for its, pipeline and all the utilities that now or may in the future exist. I fail to see why they are objecting to this provision. Further, the utilities are already litigating the necessity of relocations and any further obstacle to relocation is undesirable. Remember, Dragseth's pipeline is a non -certificated and has no rights under Title 42 of the Alaska Statutes. To voluntarily place him in as good a position as the utilities would be unwise. Please inform this office at your earliest convenience which provisions, if any, you would like changed in the permit. I anticipate Mr. Petumenos will be calling soon and Mr. Dragseth is anxious to get started with installation of the pipeline. TJR/clf -4- CITY OF KENAI UTILITY PERMIT.`, The City of Kenai, acting by and through its Acti.ng'&ty Manager, hereinafter referred to as the CITY, and pursuant to the City of Kenai's home -rule powers, its Charter and provisions of the Kenai Municipal Code, hereby grants a utility permit to Royal Pacific Fisheries and Marvin Dragseth, individually, hereinafter referred to as PERMITTEE, permission to construct, install, and thereafter perform routine maintenance, use and operate a discharge pipe, carrying seafood processing wastes, hereinafter called PIPELINE, as follows: Across, along, or under property of the CITY, within the utility corridor right-of-way located on Pirate Lane and crossing Watergate Way, at the intersection of Pirate Lane and Watergate Way within the City of Kenai, Kenai, Alaska, in strict performance with the plans, specifications, and special provisions attached hereto and made apart hereof, and not otherwise. A. TERM: The term of this permit shall be for a period of five (5) years, commencing June 1, 1988 and ending May 31, 1993. B. FEE: PERMITTEE agrees to g pay to the CITY- .-,the--_: amount of $ per year, payable on or before July 1�Ok every year this permit is in effect for the right to install the pipeline in the City of Kenai's right-of-way. Reimbursement shall be paid by check, cash, or money order, made payable to the City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska, 99611. C. RENEWAL: PERMITTEE shall be entitled to renew this permit for a period of five (5) additional years commencing June 1, 1993 and ending May 31, 1998, under the following terms and conditions: 1. PERMITTEE shall notify the CITY in writing of its intention to renew the permit not less than ninety (90) days prior to May 31, 1993. Notice to the CITY shall be in writing and delivered to the City of Kenai at 210 Fidalgo Avenue, Kenai, Alaska, 99611. 2. PERMITTEE shall only be eligible for renewal of the permit upon a showing that PERMITTEE U4;/or his facility located on Kali f ornsky Beach Road , ` �r il'.-hiN� the Kenai • C7� 1 Peninsula�Borough, has not, during the time the pipeline has been installed, been in violation of any ederal, state, or local ordinance, law or regulation now or/1 :'�nafter existing,g p ' concerning the disposal of was t,1 . D. INSTALLATION: By accepting this permit, PERMITTEE agrees, prior to construction, to obtain and comply with all permits which may be required by the City of Kenai Municipal Code. PERMITTEE further agrees to install pipeline at a minimum depth of four (4) feet and in such a manner as to not conflict with other utilities within the right-of-way which are either in place or may be placed in the future. PERMITTEE agrees that the CITY is in no way liable or in any way required to contribute to engineering or feasibility studies or work which may be required for installation, maintenance, removal or relocation, of the pipeline. PERMITTEE agrees to comply with any Alaska Statutes and/or Administrative Code provisions for the installation of pipelines. E . MAINTENANCE: The entire cost of maintenance operations of the pipeline are to be paid for by the PERMITTEE,' and the said pipeline shall comply with all applicable codes, regulations, statutes, and ordinance. F. PUBLIC USE: The PERMITTEE's construction, installation, maintenance, and operations of the facility shall be accomplished with minimum interference, interruption of the use, operation and maintenance of the CITY's right-of-way and/or public facility and shall not endanger the general public in its use of the public property. G. RESERVATION OF RIGHTS: The CITY in granting this utility permit, 'reserves the right to use, occupy, improve, and enjoy its property for all permissible purposes and in such manner and at such times as it deems necessary, the same as if this instrument had not been executed by the CITY. If any such use by the CITY shall at any time necessitate any change in location or manner -of use of the pipeline, or any part thereof, such change,.. alteration, or 2 a • relocation, shall be made by the PERMITTEE at the PERMITTEE's sole cost. Such change, alteratiarr relocation shall be made within thirty (30 ) days of written_i,44 .-a.tAon made by the CITY to PERMITTEE, H. ABANDONMENT: Upon abandonment of the pipeline, PERMITTEE agrees to remove pipeline from the CITY right-of-way, in a manner conforming to the applicable sections of this permit. PERMITTEE, i.e. Royal Pacific Fisheries and Marvin Dragseth in his individual capacity, shall be solely liable for the financial cost of removing the abandoned pipeline. Abandonment shall be deemed conclusively established in the event PERMITTEE's facility, Royal Pacific Fisheries, located on Kalifornsky Beach Road, fails to discharge seafood processing waste through the pipeline for a period of one year, or upon sale by assignment or transfer unless previously consented to in writing by the CITY. I. EXPENSES: The PERMITTEE, by these presents, accepts notice and agrees that any expenses or damages incurred by ...,"..the PERMITTEE through the ,-Or- abandonment, removal, recons tructio;�:�;. aateration of any public facility, or incurred by said PERMITTEE" a.5." a ' -resul t of this disclaimer, shall be borne by said PERMITTEE at no expense whatsoever to the CITY. J. WAIVER: The waiver or breach of any terms or conditions of this utility permit or provisions of the Kenai Municipal Code by the CITY shall be limited to the act or acts constituting such breach and shall never be construed as being a continuing -or permanent waiver of any such term or condition, unless expressly agreed to in writing by the parties hereto, all of which shall retain in full force and effect as to future acts or happenings, notwithstanding any such individual waiver or any breach thereof. K. WAIVER AUTHORITY: Only the City Manager of the City of shall have the authority to waive any herein. 3 Kenai :or his delegate, term or condition contained L. ASSIGNMENT: The PERMITTEE shall not assign or transift any of the rights authorized by this utility permit excep_J 4 agtification to and approval by the City of Kenai, which appr �''ha.l not unreasonably be withheld. M. ENTRY: PERMITTEE shall give the CITY not less than ten (10) days prior written notice, unless otherwise agreed to by the parties hereto, of the PERMITTEE's intention to enter upon the CITY's property for the purpose of maintenance, reconstruction, altering or removal of the pipeline, and provided further, that any instance of sudden emergency requiring prompt and immediate action to protect the public safety, or to mitigate damage to private or public property, no prior notification to the CITY will be required by the PERMITTEE. The PERMITTEE shall notify the City of Kenai and the City of Kenai Police Pipp rtment of the location of the emergency and the extent work , i ,red,.,,b the most expeditious means of communication as sob ���A$—.' reasonably possible to do'so, and the PERMITTEE shall take such measures as are required to protect the health and safety of the public adjacent to the pipeline or users of the right-of-way for the duration of such emergency operations. N. INDEMNIFICATION: The PERMITTEE agrees to forever indemnify the City of Kenai including its agents and contractors, against, and save them harmless from, all liability for damage to property, or injury to or death of persons, including all costs and expenses incident thereto arising wholly or in part from or in connection with the existence, construction, alteration, maintenance, repair, renewal, reconstruction, operation, use or removal of the said pipeline. 0. INSURANCE: PERMITTEE, at the expense of PERMITTEE, shall keep in force during the term of this permit, insurance issued by responsible insurance companies authorized to do business-i.h,:Alaska, in forms, kinds, and amounts as determined and directed hereinafter for the protection of CITY and/or PERMITTEE, including, but not limited to, such provisions. Insurance required hereunder shall be subject to the sole determination of the CITY as may require that CITY be named an additional insured or loss payee and waiver of subrogation against the CITY. 4 Upon obtaining all insurance required, in the forms, kinds and amounts directed to be procured, PERMITTEE 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, PERMITTEE is { N4ence to exercise any of the rights and privileges grantd' is agreement until such time as all insurance directed and required to be furnished by PERMITTEE is in full force and effect. PERMITTEE expressly understands and agrees that any insurance protection furnished by PERMITTEE hereunder shall in no way limit its responsibility to indemnify and save harmless the 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 of the insurance company. Until otherwise directed in writing by the City Manager, PERMITTEE shall provide certificates of insurance within thirty ( 30 ) days of the date hereof as follows: Comprehensive General Liability Combined Single Limit (A-o-d�Jy,-injury and Property Damage) Cbt'v�rin,4.Both Pipeline and Fishery Facility ' $ P. TERMINATION OF PERMIT: Upon a showing of any violation of federal, state, or local regulation law, ordinance or statute, concerning the disposal of waste products, through the pipeline or at the Royal Pacific Fisheries facility, or upon breach of any term of this permit, the CITY may, at its sole discretion, terminate this permit and require PERMITTEE to remove said pipeline from the CITY's right- of-way. In the event the CITY desires to terminate this permit, it shall notify PERMITTEE in writing of its intention to do so, setting forth the allegations and reasons why it desires termination of the permit. Upon receipt of such CITY's notification, PERMITTEE shall have ten (10,) days in which to respond to CITY's allegations. Upon subm'*-stion of PERMITTEE's' response, the City Manager, shall within' 'teii. ,. {.10;), days, consider the response and make a final decision thereon. Upon final decision, the CITY shall notify PERMITTEE in writing of the City Manager's decision. If PERMITTEE is required to remove the pipeline, -he shall do so within sixty (60) days of notification. 5 i Q. RIGHT OF ENTRY: PERMITTEE agrees by entering onto the CITY's property, within the right-of-way, to indemnify the CITY and •tom:: ontractors of all costs, tangible or intangible that would i_., .'cult of any delay n a construction project caused by r .1. O.ne under this permit. R. PREVIOUS EASEMENTS AND UTILITY PERMITS: This permit is subject to all previous easements and utility permits within the right-of-way and any damage to any other utility facility, shall be the PERMITTEE's sole responsibility.. The PERMITTEE further agrees to subordinate any inte9hich sts he may have in the right-of-way to any certificated utilit may desire to place a utility facility within the CITY's right-of-way corridor and as part of such subordination to reloc to the k pipeline to accommodate the utility if required S. AS-BUILTS: PERMITTEE may be required, in the CITY's sole discretion, within thirty (34 ) days of completion of any i.n�provement placed upon or 4�t within the right-of-way described herein` ~p deliver to the CITY as -built drawings showing the location ----:a" - "'offs truc t ion of specifications of the improvement. T. PLANS: Blue -line drawings developed by Mike Tauriainen, P.E., dated February, 1988 and drawn by H.S., entitled "Project No. 87142" are attached hereto and are specifically incorporated within this permit as if set forth herein. PERMITTEE agrees to construct the pipeline in conformance to these plans attached hereto. U. TRAFFIC CONTROL: PERMITTEE shall provide, during the duration of the construction, adequate signing, barricades, and traffic control devices conforming to the latest revision of the, -..Alaska Traffic Manual. PERMITTEE shall maintain two-way traffic;., -'times when feasible. PERMITTEE shall have no parked 'equipment left upon the road surface at any time. V. RE -SEEDING AND TOP SOIL: PERMITTEE shall replace any topsoil lost as a result of construction under this permit. Re -seeding of all slopes C= disturbed by excavation shall be done at thE's expense. _� p PERMITTEE shall re seed as per the Re-vege`tRi, Uide for Alaska" printed by the State of Alaska Cooperative extensive Service. W. CLEAN-UP RESPONSIBILITY: 4 PERMITTEE or his contractor shall be responsible for winter and spring maintenance of the road shoulders, ditch lines, back slope and road surfaces that have not been left in a neat and clean condition and satisfactory to the City of Kenai City Engineer. Upon completion of the work within the CITY right-of-way, PERMITTEE shall remove all equipment, dispose of all waste material and shall leave the premises in a neat and clean condition, satisfactory to the City of Kei-be* C.ty Engineer, PERdriveways,� ; '•� • PERMITTEE shall replace all str )7Vi: n,f ersectlons , in kind " �' �-�` All signs damaged or removed shall be -O'la.ced in kind by the PERMITTEE or his contractors to the CITY's standards. X. FORUM SELECTION: In the event either party to this permit shall file an action (lawsuit) arising out of any dispute concerning this permit, venue for the lawsuit shall be within the Third Judicial District at Kenai, Alaska. Y. ATTORNEY'S FEES: In the event of any civil action (lawsuit) arising out of this permit, PERMITTEE agrees to pay the CITY's full attorney's fees in the event the CITY is adjudged the prevailing party in the action. Z. INSPECTION: PERMITTEE agrees to reimburse the CITY f.q'„ual costs of inspection and testing as required by perfr ormarice of the work proposed by the PERMITTEE. The scope of inspection testing shall be determined by the City Engineer of the City of Kenai. Costs billed to PERMITTEE shall be the actual CITY costs incurred while performing inspection and testing. 7 4-- IN WITNESS WHEREOF, the parties he,have hereunto set their hands, the day and year stated in#i..."yidual acknow ledgments below. r.- INDIVIDUALLY: By: Marvin Dragseth STATE OF ALASKA } ss. THIRD JUDICIAL DISTRICT } CITY OF KENAI By: Wm. J. Brighton City Manager PERMITTEE: ROYAL PACIFIC FISHERIES By: ✓;�4i�vin Dragseth -�R-6ia;1,,Paci.fic Fisheries THIS IS TO CERTIFY that on this day of May, 1988, MARVIN DRAGSETH, individually and in his representative capacity, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska. My Commission Expires: STATE OF ALASKA } s s THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this day of May, 1988, WILLIAM J. BRIGHTON, City Manager of the City of Kenai, Alaska, 8 C., being personally known to me'qF having produced satisfactory evidence of identification, ap � xa` �c'. f ore me and acknowledged the voluntary and authorized f ekeo-t�6,1or, of the foregoing instrument on behalf of said City. Notary Public for Alaska. My Commission Expires: Approved as to form by City Attorney Approved by Acting City Manage;; r LAW OFFICES BIRCH, HORTON, BITTNER, PESTINCER AND ANDERSON A PROFESSIONAL CORPORATION 1127 WEST SEVENTH AVENUE - ANCHORAGE, ALASKA 99501 - TELEPHONE (907) 276-1550 - TELECOPIER (907) 276-2822 - TELEX 25-356 KEVIN J. ANDERSON LLOYD V. AN DERSON" LUANN E. BAILEY RONALD G. BIRCH" WILLIAM H. BITTNER" KATHRYN A. BLACK CORY R. BORGESON RODNEY B. CARMAN" JOSEPH M. CHOMSKI" PATRICK B. COLE PAUL L. DILLON KIM DUNN ERIC A. EISEN" JOSEPH W. EVANS" WILLIAM W. GARNER' JOHN W. GRIGGS" RICHARD G. HAGGART*` HAL R. HORTON" MARC W. JUNE PAMELA R. KELLEY MINDY R. KORNBERG" GARY R. LETCHER STANLEY T. LEWIS JEFFREY B. LOWENFELS" JEFFREY M. MILLER* MICHAEL J. PARISE SUZANNE C. PESTINGER" TIMOTHY J. PETUMENOS MARCY M. REHBERGER• MICHAEL V. REUSING ELISABETH H. ROSS" E. BUDD SIMPSON STEPHEN F. SORENSEN SHERIDAN STRICKLAND" JONATHAN K. TILLINGHAST DANIEL W. WESTERBURG T. HENRY WILSON •D.C. BAR ONLY "D.C. AND ALASKA BAR ALL OTHERS ALASKA BAR ONLY Writer's Direct Dial No. (907) 263-7219 May 24, 1988 FIRST NATIONAL BANK BUILDING 100 CUSHMAN STREET, SUITE 311 FAIRBANKS, ALASKA 99701 (907) 452-1666 TELECOPIER (907) 456-5055 ONE SEALASKA PLAZA, SUITE 301 JUNEAU, ALASKA 99801 (907) 586-2890 TELECOPIER (907) 586-9814 1155 CONNECTICUT AVE., N.W. SUITE 1200 WASHINGTON, O. C. 20036 (202) 659-5800 TELECOPIER (202) 6S9-1027 Timothy J. Rogers, Esq. VIA TELECOPIER City Attorney City of Kenai 210 Fidalgo Avenue �= Kenai, AK 99611 Re: Marvin Dragseth - Proposed Pipeline Permits, -- --�' Dear Tim: I have redrafted the paragraphs that we discussed on the phone today with the modifications that we would propose on behalf of Royal Pacific Fisheries, Inc. Thank you for your prompt attention to this matter. As discussed on the telephone, time is of the essence in this matter since construction of this system is necessary to begin operations in Kenai consistent with the coming fishing season. It was our understanding that the construction was to proceed while we worked out this agreement according to the members of the City Assembly. I have only included those paragraphs for which we have some modifications to propose. First, we would request that the agreement be between the corporate entity and the City. We would request that the first paragraph be amended accordingly. There- after, our changes are as follows: B. FEE: PERMITTEE agrees to pay to the CITY the amount of ONE DOLLAR ($1.00) per year, payable on or before July 1 for every year this permit is in effect for the right to install the pipeline in the City of Kenai's right-of-way. Reimbursement shall be paid by check, cash, or money order, made payable to f r # BIRCH. HORTON, BITTNER. PESTINGER AND ANDERSON A PROFESSIONAL CORPORATION Timothy J. Rogers, Esq, May 24, 1988 Page 2 the City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska, 99611, C. RENEWAL: PERMITTEE shall be entitled to renew this permit for a period of five (5) additional years commencing June 1, 1993, under the following terms and conditions: 1. PERMITTEE shall notify the CITY in writing of its intention to renew the permit not less than ninety (90) days prior to May 31, 1993. Notice to the CITY shall be in writing and delivered to the City of Kenai at 210 Fidalgo Avenue, Kenai, Alaska, 99611. 2. PERMITTEE shall only be eligible for renewal of the permit upon a showing that PERMITTEE and/or his facility located on Kalifornsky Beach Road, within the Kenai Peninsula Borough, has not, during the time the pipeline has been installed, materially been in violation of any federal, state, or local ordinance, law or regulation now or hereinafter existing, concerning the disposal of waste materials. G. RESERVATION OF RIGHTS: [stricken] H. ABANDONMENT: Upon abandonment of the pipeline, PERMITTEE agrees to remove pipeline from the CITY right-of-way, in a manner conforming to the applicable sections of this permit. PERMITTEE, i.e. Royal Pacific Fisheries, Inc., shall be solely liable for the financial cost of removing the abandoned pipeline. Abandonment shall be deemed conclusively established in the event PERMITTEE' s facility, Royal Pacific Fisheries, located on Kalifornsky Beach Road, fails to discharge seafood processing waste r Ir BIRCH. HORTON. BITTNER. PESTINGER AND ANDERS0 A PROFESSIONAL CORPORATION Timothy J. Rogers, Esq, May 24, 1988 Page 3 through the pipeline for a period of five (5) years. K. WAIVER AUTHORITY: Either the City Assembly or the City Manager, or his delegate, shall have the authority to waive any term or condition contained herein. Royal Pacific Fisheries, Inc. shall have the right to request such a waiver from the City Assembly. 00 INSURANCE: PERMITTEE shall keep in force during the term of this permit a general liability policy which shall include coverage for appurtenant structures and pipelines offsite. P. TERMINATION OF PERMIT: Upon a showing of a material violation of federal, state, or local regulation law, ordinance or statute, concerning the disposal of waste products, through the pipeline, or upon breach of any term of this permit, the CITY, at its sole discretion, may terminate the permit and require PERMITTEE to remove said pipeline from the CITY's right-of-way. In the event the CITY decides to terminate this permit, it shall notify PERMITTEE in writing of its intention to do so, setting forth the allegations and reason why it desires termination of the permit. Upon receipt of the CITY's notification, PERMITTEE shall have ten (10) days with which to respond to the CITY's allegation. Upon submission of PERMITTEE's response, the City Council shall, within ten (10) days, consider the response and make it a final decision upon whether there was a breach and whether the breach was so material as to require the dismantling of the pipeline. Upon final decision, the CITY shall notify the PERMITTEE in writing of the City Council's decision. This decision shall not be arbitrary or 1 � r r BIRCH, HORTON, BITTNER, PESTINGER AND ANDERSON A PROFESSIONAL CORPORATION Timothy J. Rogers, Esq. May 24, 1988 Page 4 capricious. If PERMITTEE is required to remove the pipeline., he shall do so within sixty (60) days of notification, assuming weather conditions and access permit. Q. RIGHT OF ENTRY: (stricken] R. PREVIOUS EASEMENTS AND UTILITY PERMITS: This permit is subject to all previous easements and utility permits within the right-of-way, and any damage to any other utility facility caused by the PERMITTEE shall be the PERMITTEE's sole responsibility, The PERMITTEE further agrees to subordinate any interest he may have in the right-of-way to any certificated utility which may desire to place a utility facility within the CITY's right-of-way, only to the extent that it is unreasonable for any such certificated utility to use the right-of-way consistent with PERMITTEE's current use. In such event, PERMITTEE shall have the right to relocate the pipeline to accommodate the utility. Y. ATTORNEY'S FEES: In the event of any civil action (lawsuit) arising out of this permit, the parties agree to pay full attorney's fees to the prevailing party in the action. Thank you for your attention to this matter. I will call You tomorrow to determine where we stand. Very truly yours, BIRCH, HORTON, BITTNER, CHEROT AND AND SON Timothy Petumenos TP:srb r • r _ DISTRIBUTED TO COUNCIL AT 5/18/88 COUNCIL MEETING BY ROYAL PACIFIC FISHERIES LAW OFFICES REPRESENTATIVE. TJR BIRCH, HORTON,, BITTNER, PESTINGER ANDANDERSON N A PROFESSIONAL CORPORATION .127 WEST SEVENTH AVENUE - ANCHORAGE. ALASKA 99SOI - TELEPHONE (907) 276-1550 - TELECOPIER (907) 276-2822 - TELEX 25-356 KEVIN J. ANDERSON LLOYD V. ANDERSON" LUANN E. BAILEY RONALD G. BIRCH** WILLIAM H. BITTNER'• KATHRYN A. BLACK CORY R. 13ORGESON RODNEY B. CARMAN" JOSEPH M. CHOMSKI-• PATRICK S. COLE PAUL L. DILLON KIM DUNN ERIC A. EISEW•- JOSEPH W. EVANS" WILLIAM.W. GARNER* JOHN W GRIGGS" RICHARD G. HAGGART" HAL R. HORTON" MARC W; JUNE PAMELA R. KELLEY MINDY R. KORNSERGO* GARY R. LETCHER STANLEY T. LEWIS JEFFREY B. LOWENFELS" JEFFREY M. MILLER* MICHAEL J. PARISE SUZANNE C. PESTINGER'- TIMOTHY J. PETUMENOS MARCY M. REHBERGER• MICHAEL V. REUSING ELISA13ETH H. ROSS" E. BUDD SIMPSON STEPHEN f< SORENSEN SHERIDAN- STRICKLAND" JONATHAN K. TILLINGHAST DANIEL W. WESTERBURG T. HENRY WILSON •D.C. BAN ONLY *-O.C. ANO ALASKA OAR ALL OTHERS ALASKA BAR ONLY Writer's Direct Dial Number (907) 263-7220 May 18, 1988 Mr. Marvin Dragseth Royal Pacific Fisheries P. O. Box 4609 Kenai, Alaska 99611 FIRST NATIONAL BANK BUILDING 100 CUSHMAN STREET. SUITE 311 FAIRBANKS, ALASKA 99701 (9071 452-1666 TELECOPIER (907) 456-BOSS ONE SEALASKA PLAZA. SUITE 301 JUNEAU, ALASKA 99801 (907) 566-2890 TELECOPIER (907) 566-9B14 1155 CONNECTICUT AVE., N.W. SUITE 1200 WA5HINGT0N, D. C. 20036 (202) 6S9-5800 TELECOPIER (2021 659-1027 Re: Request for Use of Right of Way for Pipeline/City Attorney Opinion Dear Mr. Dragseth: I have reviewed the opinion of Timothy J. Rogers, City Attorney for the City of Kenai, dated May 12, 1988 with regard to your request for use of a public right of way for the effluent pipeline which is a prerequisite to your operation this season as per the directive of the Department of Environmental Conservation. We are of the opinion that the City of Kenai does have the authority to allow you to use the cityright of wa 9 y for your pipeline. We note Mr. Timothy's concerns and believe that all of them can be taken care of contractually or by ordinance. First, it is true that a municipal corporation does hold the streets and public ways in trust for public use. However, as Mr. Roger correctly points out, the state of the law is such that there are no statutes specifically authorizing private u-se of municipal right of ways nor are there are prohibitions against the municipality granting a private use of a public right of way. As Mr. Rogers concludes, the cityassembly y can enact an ordinance allowing the use you contemplate, see Boyden v. Walkley, 71 N.W. 1099. M A * a BIRCH, HORTON. BITTNER. PE. ft-JER AND ANDERSON A PROFESSIONAL. CON, .#RATION Mr. Marvin Dragseth May 14, 198.8 Page 2 Our review of the available case law indicates that there are a number of distinctions which are made b courts Y and city councils with regard to private use of a. public right way. First most of p ght of the case law presents situations where the private use of the public right of way actually infringes es the public use of the Y g upon right of way. Therefore, in the case cited by Mr-. Rogers, Armbruster v. Wildwood 41 F.2d 823, 23, the construction of a broadwalk along a Portion of a city street which prevented access to a public beach was not allowe d. These cases seem to indicate that some private uses of a public right of wayamount to g public nuisances. Such would clearly not be the case in your instance as the pipeline in question would be buried and would not obstruct ingress and egress to lands owned by the City of Kenai by the public nor an other public riright of way Y P use of the 9 y in question. In short, a great distinction seems to be made between private uses of public right of ways which resent obstructions P uctlons and private uses of public right of ways which do not prese nt nt obstructions. In those cases, the question becomes "are the uses unreasonable, and do they make the streets unsafe for ppublic use" 3 McQuillin, Municipal Co _ Corporations, S 30o74 citing, Pickrell v. Carlisle, 135 Ky. 128, 121 S.W. 1029, McQuillin also notes at the same section ' Another point to be considered is whether the encroachment is on the surface of the street or is above or below the surface. Much greater latitude is generally allowed in regard to encroachments above [meaning extremely high] or below the surface of the street ... Ibid, § 34.74 at 776, Finally, with regard to the authoritycited b McQuillln, it is also clear t y that a private use of a public right of way is often permitted so long as the appropriate ' authorit retains public y ains the right to use the right of way despite the encroachment by the private user. See Hatfield v. Straus 189 N 208, 214, 82 N.E. 172; McMillan v. Klaw ' Y and Erlanger Co_, 107 App. Div. 407, 411, 95 N.Y.S. 365, Kellog V. Cincinatti Trash and Co., 80 Ohio S.T. 331, 350, 88 N.E. 8820 As to the individual problems which Mr. Rogers raises I believe all of them can be satisfactorilyanswered. First, Jim Cross, who helped engineer ' • p g r and, plan the pipeline route, is certain that there is enough room within the right of way for the g Y 61RCH, HORTON, BITTNER. PEA ;ER AND ANDERSON • A PROFESSIONAL CORPORATION A. Mr. Marvin Dragseth May 14, 1988 Page 2 pipeline despite the language of KMC 18.27 which provides for a specific location for each public utility assigned within a right of way. Second,' you have the ability to indemnify and protect the City of Kenai from any damages or claims resulting from the placement of the affluent pipeline into a public right of way. Third, the use of the right of way need not be a permanent (i.e. forever) thus enabling the City of Kenai to reserve to itself the right to use the area should a higher and greater public need arise. In fact, leasing the right of way to you would enable the city to protect itself by way of indemnification, receipt of a nominal payment for the benefit of the public and enableing twenty retain the right t use the right of way at a later date. Marvin, in short, we do believe that the City of Kenai does have the right to authorize you to use the public right of way for a private use. Given the impact of the closure of your operations on the City of Kenai, we believe much public good will derive from the construction of the pipeline.. The fact that your pipeline is underground and can actually fit in the existing right of way as well as the fact that a properly prepared document will indemnify the city and allow it to retain the right to use the public lands should remove the concerns of Mr. Rogers with regard to construction of the affluent pipeline which is necessary for you to continue to run your facility in the City of Kenai. Sincerely, BIR HO ON, BITTLdER, E PES I GND ANDERSON Jeff B. wenfels JBL/ma c c May 25, 1988 Mr. Tim Rogers City Attorney City of Kenai 210 Fidalgo Dr. Kenai, Alaska 99611 wafters & Olson, Inc. insurance 130 S. Willow St. Ref: Royal Pacific Fisheries, Inc. Dear Tim: Box 70 Kenai, Ak. 99611 Telex 25-249 907-283-5116 C�C44 D 1�0t68�,9 The usage of City of Kenai right of ways by Royal Pacific Fisheries presents an exposure that cannot readily be addressed by insurance. Although the City can require Royal Pacific to add the City of Kenai to their general liability policy (it already has due to their airport usage) that coverage specifically excludes any type of pollution (sudden and accidental, and gradual). Pollution coverage has not been available for several years due to liberal court interpretations of "sudden and accidental" coverage and what constitutes an occurrence. We suggest that you consider addressing this exposure in a different manner. In the contract, you may wish to include the following items: 1. Conformance with DOT requirements. 2. Conformance with DEC requirements. 3. Daily inspection by Royal Pacific employees of the pipeline route and outfall in the Kenai River and a log kept. 4. A bond or TCD in favor of the City to cover cleanup and/or repairs. This is what the State of Alaska does on the North Slope. If the route is inspected daily during the operating season of 6/25 - 8/30 the clean-up amount would probably be minimal, in the $5,000 to $7,500 range. Please let me know if we may be of further assistance. Sincerely, Kurt E. Olson PARTIAL VERBATIM KENAI CITY COUNCIL MEETING MAY 18, 1988 ITEM B. SCHEDULED PUBLIC COMMENT B--2 Marvin Dragseth/Royal Pacific Fisheries MEASLES: Marvin Dragseth? DRAGSETH: Good evening ladies and gentlemen. I'm Marvin Dragseth of Box 224, Kenai, and tonight you have before you a pipeline that we need to put in. And, ah , what I want to do, I have my city engineer, or engineer here, and I also have my superintendent of construction and also I have Mr. J i m Kross with me from Environmental Services. And at any time that you people would like to ask a question, please feel free to ask these people, they're experts. The thing that I want to say is that we employ at that plant through the summer, 600 people. We have between twelve and fourteen year --round employees and we buy a lot of stuff from this community. And what I'd like to do now is I'd like to turn this over to Mr. Jim Kross so that he can explain exactly what we're doing, the permits we have in place, and so on. Jim... KROSS: Good evening. What Marvin has been talking about is a Pipeline that will allow him to discharge the waste water from his plant to the Kenai River. To go in a little bit to the backgrOUnd of this, in previous years he has had a waste water system which allowed him to discharge his liquid waste, just the water that runs on the floor in the plant, to a subsurface disposal system. Unfortunately, the plant has grown to the point where it has outlived the usefulness of that type of disposal system. They have become a little bit too large and a little bit too successful. We are preparing for the 1988 season and attempting to con st rLact a high -density Pipeline which would follow the highways and the city streets directly to the Kenai River. I have an engineer's 1 drawings here which I don't think you Probably want to look at in detail,, but if anybody has questions, I could pass this out. The project has been approved by the State Department of Environmental Conservation and they have all the requisite permits to construct the Pipeline. They have Permits from the State Department of Transportation and Public Facilities to construct the pipe in the State's right-of-way. We have a permit in Process with the Federal Environmental Protection Agency for the disposal of its water in -the Kenai River. The only thing we are lacking at this, point is approval from the City of Kenai to use the right-of-way to build a Pipeline. it would be identical to the Pipeline right-of-way that was granted by the State of Alaska and very similar to other rights -of -way of this nature In other communities. As an example, I Just came back from Dutch Harbor. Virtually all the Processors in that community have to transport their fish waste and liquid wastes quite some distance from their plants out to the open ocean and they all use essentially the same technology, plastic pipelines with a Pumping system. And, all of these pipelines are buried in c ity rights -of -way and State rights -of -way. Itos about the only legal way that you can move material along corridors. it's, it's difficult to acquire rights -of -way across private property. Not because people won't provide them, but it Just becomes so difficult to acquire them over four, five, six or ten different lots. It's not an uncommon system. I think it's very straight- forward. In my opinion it doesn't produce any potential adverse effects on the community. You'll never see it. It'll be bUried just like the gas lilnes,, and water 'lines, and sewer lines. I think that you'll find that 'it will provide a benefit to everyone in the community. Can I answer any questions? MEASLES: Any questions from Council'i, Councilman Ackerly? ACKERLY: Just a couple ... how deep are you going to bury it"'.> KROSS: The average depth is Probably over four feet. It will be Used Primarily in the summer time, obviously, and then drained in the winter. K ACKERLY: Yeah, that was my next question. KROSS: It's a four -inch high -density Polyethylene pipe. The wall thickness is about half an inch, so Ift's a real hilgh-qUallitY pipeline. ACKERLY: And I presume that you are aware of the corridors that we have set aside for various utilities... KROSS: Yes. ACKERLY: ...inside that corridor... KROSS: The engineers that have put the plan together have worked with the City Engineer and worked with the Department of Transportation and worked with Environmental Conservation to locate this pipeline so that it won't conflict with other existing utilities Ion those rights -of -way, so that it won't interfere with any of the spacing for those utilities and should be within all the State and Federal guidelines for separation from potable water supply, both commercial and residential. A lot of effort has gone lonto this. Probably a period of three and one-half months and design and review and so forth. MEASLES: Councilwoman Monfor? MONFOR: Same questions, that's all. MEASLES: Councilwoman O"Relolly. 3 O'REILLY: I had a question about "accidents happen" and if this materializes, is the City held harmless or would it be. KROSS: We certainly would be happy to do that. I have a letter here from the City, excuse me, from the Company's attorney. I don't necessarily have copies for everyone,, but I think it responds to a memo written by the City Attorney that address those Particular issues. Ah, we feel that the line is designed very well and we're wl *11ing to stand behind it from that perspective. But 41 f the City requests that we Provide some form of legal assistance beyond what You would find in a right-of-way agreementY I think the company would be happy to do that. Certainly, it is not Our intention to in any way encumber the community or to adversely affect anything that the public would expect out of the use Of its right-of-ways. Our 'interest in using the right-of-way is that it's the, virtually the only way we could acquire access to the River. We would have to cross a City street no matter what way we routed this pipe. And the same goes for the State highway. 05REILLY: Is there any cost involved on the CiLty's part? KROSS: No. With the paying a fee to apply for the permit and the cost of construction is borne entirely by the company. Any damages incurred during construction would be borne by the company. We hold the City harmless as a matter of course and the method of construction, so I'd say no. The attorney, the City Attorney ,might disagree with me in some of those, but... ROGERS: For the record, I would like to state that this is the first time I've seen this... KROSS: Yes. 4. ROGERS: Ah, I do have in the packet, the Council will see under my report, under Item 3,, fourth item, is the memorandum dated the twelfth. And while I'm talking I WOUld make two inqUllrie.S. What is the Proposed duration of this Pipeline? KROSS: It would be undetermined. We are proposing a permanent use of that right-of-way. Certainly we would be happy to limit that to a reasonable time frame. Ah, the reason for constructing the pipeline is that we have no access to the River otherwise. We have no access to a waste system. In other parts of the country, the wastes that we are disposing of here would easily go into any sanitary sewer system, but there are no sanitary sewers or no sewer treatment plant for us to access at this point. At some future date, if sanitary sewers.were available in that area, Vm sure that it would be feasible to pretreat this material and dispose of it in the sewer just like you would in any larger community. It's not typical for fisheries waste in Alaska to be treated. Ah, there are only two facilities that I aware of anywhere in Alaska that actually treat their waste. One is in Palmer and it happens to be a very, very small operation and he has no alternative but to dispose of to a city sewer system. The other one is in Seward and they have their own fish meal plant. But they still discharge the liquid waste as we're proposing to here. So the method of disposal is the standard method of disposal for this type of waste, approved by all the federal and state agencies. ROGERS: Okay. You had alternatives previously? KROSS: We were allowed by the State of Alaska to utilize a ground disposal system, very much like your septic tank and leach field at home if you live in an area outside of sewers. Unf art Unat e 1 y, that option is very limited in terms of the volume of water that you can attempt to dispose of in that manner. We currently have a permi t, we are entitled to use the facility that is in r)lace , but it limits the operation of the plant, especially in the peak of the season. Last year we ran into problems and the company got into hot water with the State over how it was handling its 5 waste and that precipitated the need to build this pipeline. It's actually been a need for several, years, but it's gust that it's been difficult to get through the Permitting Process and to get the t h i. nc.i constructed. ROGERS: Next, you are not a certificated facility? KROSS: No, we are not. ROGERS: And, how many lots or parcels would be required to buy easements from individuals in order to access your effluent outfall? KROSS: Actually, I don't think that's the issue because we would still have to cross a City street, irrespective of which way we were to 90. ROGERS: Aside from a City street under which you would, I assumes ..inaudible.. Do you know how many parcels are involved? Are there three? KROSS: There are probably more than three... five. As far as I know, no more than five. Now we are crossing some private property where there are no other alternatives to rights -of -way. ROGERS: So you've purchased easements for those pieces? KROSS: I can't say in particular if we've purchased them. VOICE FROM AUDIENCE: One. 2 KROSS: One. ROGERS: You've acquired easements. KROSS: That 5s correct. ROGERS: Beyond the memorandum, if I might, beyond the memorandum I really don't have too much to add. I have not had an opportunity to v3-ew the memorandum dated the eighteenth from Mr. Dragseth,5s attorney. Ah, we have had, if you recall, other requests for use of Public right-of-way. None have been granted to date that I can recall. The ah, I think Mr. Dolchok was proposing a high-- pressure gas line in the public right-of-way at one tiome,, and was ah, I"m sure it he was going to eventually be certificated as a public utility,, which of course would require our allowing the use of the Public right-of-way. Beyond my memorandum comments, the decision is Council 's. MEASLES: Counci lwornan Swarner? SWARNER: Have all the residents of Pirate Lane been notified of this possibility. KROSS: 1511 have to defer to another gentleman here. Mike, have you... MIKE: (from audience., hard to hear) Notified of. . . . SWARNER: Of a possible pipeline 7 MIKE: For constrUCtlion in the right-of-way? SWARNER: Right. MIKE: Ah. not to my knowledge. There, ah, there would only be two detours short of ..inaudible.. I talked to the City about that. Ah,, ..inaudible..on detouring on another part of the ... inaudible... that would be put together with Brown 0 Construction,, a contractor ....Inaudible... property.... inaudible... KROSS: I think that the direct answer to your question is no, probably all the owners have not been notified. In the course of constructing a facility like this, 30.t is not common to notify the landowner that You're going to build something in the street. Ah-s if it were a type of construction where you were to block access to their home or business for a given period of time over an hour or two,, it would Probably be more common to contact them. But, were talking about a construction technique that will probably no more, wouldn't block a driveway for more than an hour or so. It's a very quick process. It's a shallow trench with a small pipe. So it goes Pretty quickly. MEASLES: Councilman Ackerly? ACKERLY: Ummm, I presume that You come tonight asking for a decision from us tonight? KROSS: Yes, we have a Particular set of circumstances. The fishing season is pretty much upon us. The construction equipment is staged, the pipe is here and we're ready to go. Ah, we have a limited period of time to construct the line, test it, and receive our final certification from the State of Alaska. If we have to delay for any significant period of time,, it could seriously jeopardize the company's operation this season. I think that although there are some legitimate issues to discuss in terms of the issues the City Attorney has raised, the more common place use of easements and rights -of -way throughout the State, I think dictate that this is a Pretty normal use. It is a Private company, ah,, much like ENSTAR or Union Oil,, it's just that we're not certificated by the State. We are not Providing Status as a common carrier or we're not providing status as a public utility, but we are still part of the public. ACKERLY: To Keith, I guess. Keith, ., from your standpoint, not the legal standpoint, but did You guys have any trouble with it at work. KORNELIS: No, the only thing we require is our excavation Permit. ..inaudible... to maintain the construction specification the City has which Your engineer, who has done a lot of work for the City and well aware of Your compaction, backfill, and access to residents along the street as you do the construction. Other than that,, as long as you follow our we don't have a problem. ACKERLY: Is it appropriate now to suggest a motion or .... MEASLES: Are there any other questions, Council? MC COMSEY: Could we get a hold harmless agreement in? ROGERS: I would certainly hope that number one,, that you would have hold harmless; number 2, You would consider it durational limit on ah, as opposed to a Perpetual easement... KROSS: I think... 9 ROGERS: ....have not had, as you can see from the paperwork we have, we have not researched extensively. We have the memorandum raising the issues, ah, but that may be of concern,, we may have some concerns later after further research. But at least v at least the indemnification and some sort of duration on it or unilateral ability to revoke the Permission granted at that being understood as abeyance. Unilateral right to revoke by the City. KROSS: If I might offer a comment ... We would be happy to provide a hold harmless agreement and the document I passed out this evening fromt he company5s, attorney specifies that. In terms of the time frame, if we could be assured that these were renewable periods, ah5 a reasonable ten or fifteen year initial permit with option to renew, subject to continued proper utilization of the right- of-way I think wou Id be very appropriate. Ah. we would be happy to enter into any stipulation you suggest that would make certain that we operate within the constraints of our permits from other federal and state agencies. And that would be typical of the type of supervision that would warrant continued use of this type of a pipeline. The same kind of stipulations are typically attached to common carriers which you see a lot of around here because of this is an oil and gas producing area. ROGERS: I understand Your desire to be able to amortize over a Period of time,, however, I would come down on the other extreme and insist on unilateral revocation by the City of the right to be there for any or no reason. Ah, I don't know what our research is going to turn up, I don't know what the future holds. I don't know what bandwagon will be created with others attempting to be treated the same as to the . utiIlities, and I don't know what problems will be encountered in other areas where we have designated specific locations for specific utilities. So, that would be my comment. I'm not saying the City would if they had that condition,, but they would have the unilateral ability to do so and that would be understood going in... KROSS: Sure... 10 ROGERS: It may very well be that You would have the amortization Period that you want,, but it would say be renewal or not at the sole discretion of the City on an annual basis. KROSS: Unfortunately, that would really put the company in a bind because the condition of its permit to operate the plant as a seafood Processing plant is based on having access to that Pipeline. As this pipeline is being put into use, the State of Alaska will not allow us to discharge to a ground water absorption system any longer. Therefore,, well be solely at the mercy of the Pipeline for the ability to dispose of our waste water. Therefore, if that Pipeline use is restricted or the right-of-way is restricted,, and we're required to remove the pipeline,, then the plant would have to shut down and it could not get a license to operate from the State. ROGERS: I can certainly appreciate Your predicament, but I hope you can understand the City' s... KROSS: Sure.. . ROGERS: Ah, getting into bed, so to speak, in a situation that it may not be able to get out of when it has a need to. KROSS: Under what circumstances would You think you'd... ROGERS: Those circumstances I'm not aware of this time... KROSS: Sure... 11 ROGERS: Because of the time constraints we've had in the Presentation of this. I'm not saying that would be the case, but I think the City should reserve that option. KROSS: If you could suggest language that might allow us to maintain the use, subject to continued ah operation of a system that was in Compliance with the State and Federal Permit, that would probably resolve part of your Problem... ROGERS: But not all of it ... KROSS: Right... ROGERS: You understand what I'm saying... KROSS: I'm struggling for the language that would accommodate you.... ROGERS: I understand...You're grasping for more than I am recommending to be given... KROSS: Sure... ROGERS: But it5s up to the Council. KROSS: I think the limitation that the City Attorney is proposing would really be a hardship. It would almost preclude the State from offering us the use of that pipeline or continuing to authorize 4' or issue a Permit based on that... 12 ROGERS: The Permit would be there and would continue until Such time as a revocation but ah,, be as it may, that is my recommendation. KROSS: Thank you very much for the opportunity and ah, if there are any other questions.... MEASLES: Ron, do you have a comment"? SUTCLIFFE: (from the audience) He said it was a Plastic... should I? MEASLES: Yes, please. SUTCLIFFE: Ron Sutcliffe, 2710 VIP Drive in Kenai. He represented that it Was Plastic Piping and the piping they've been welding on K-Beach Road sure doesn't look like Plastic to me., it looks 111ke rusty well casing, but I don't know if that os good or bad. KROSS: You're absolutely right. What he is referring to is a conductor which will be Put under the driveways along the K-Beach Road. Because the water wells and some of those buildings are very close to road and the State law requires that any force main,, sewer line, or Pipeline such as the one we're building,, be encased in a steel jacket or some other type of Jacket where it is less than one hundred feet from a well. So that's the reason for the steel Pipeline there. There's one other spot under the highway where we're also, we're boring under the road rather than cutting the road with a ditch. ROGERS: One other matter, Just for the record, 1and I can appreciate the number of Jobs involved insofar as pre,*cedent setting, You have an 13 operation outside the city limits of the City of Kenai that will then be piping its effluent into and through the City and that distinction may be of no importance down the road at all, but it may also be, insofar as the precedents, involved. MEASLES: Any further questions of the Council? O' RE I L.LY I have one in the line with Mr. Rogers' last question. Is there another option for you? KROSS: About the only alternative that we have at this point, if the Pipeline right-of-way i sn' t granted , Mr. Dragset h would have to truck his waste from that location, down to the Kenai River, adjacent to the Salamatoff plant and the cost and the inconvenience, the difficulty with doing it, would probably limit our ability to function on a normal basis, and may even jeopardize the permit we have with the State. They really don't like those types of operations because they lead to other continual problems and that was the basis for making certain that this pipeline were designed properly and operational. MEASLES: Further questions Council? Councilwoman Monfor? MONFOR: I just have to speak to this, because I know that this happens and I to me this would be the worst case scenario for the City, worse than anything with this pipeline, is that when you truck that waste water, having the truck have an accident. KROSS: Thank you a l l for your indulgence. I know you hate to talk about wastes. ACKERLY: Do you understand the motion?? I"m not sure that this includes everything, but I will try. 14 I would move that the City of Kenai enter into a legal agreement with Royal Pacific Fisheries, to be drawn up by the City of Kenai concerning the Proper installation of a waste disposal system line to the Kenai River, for a period of five years, with renewal options, and to include Proper right-of-way and placements, etc., etc. ,, etc. MONFOR: There's a hold harmless... ACKERLY: Huh? And, well, that"s one of the etcetera. A hold harmless... trying to cover the bases. MEASLES: Is there a second? MC COMSEY: I'll second that. ACKERLY: That's rough. MEASLES: Discussion by Council? Councilwoman Monfor? MONFOR: For five years? Okay, I don't have a real be problem with the five years, but I just want to make sure in my mind that that will not prevent them from getting the State"s okay. The five years is a renewable, every five years, like you would just come to the Council when Your five years is up and say it's time to renew-, KROSS: I think it would depend on the stipulations that the City Attorney attaches to it. If it were the stipulation that we were in compliance with the discharge,, we had accurate and 15 I V I satisfactory Permits from the State of Alaska, ah,, those types of stipulations, I think that they would find acceptable. If that's what you had in mind. ACKERLY; That's one of the etcetera too. It was kind of hidden in there... MEASLES: Councilwoman O'Reilly? O'REILLY: I maybe offering a friendly amendment or asking a question, Im not sure,, but,, the resolution that Mr. Ackerly made, ah, was that to get the City Attorney...I would like to see all of this down on Paper instead of etc. Could we make it a resolution to have the Attorney put it in the Proper language for us to pass. Is that reasonable... ROGERS: I would take my direction from the Council as to motion as made. As soon as I have it,, I'll circulate it to Council prior to the next meeting. 01REILLY: I don't know if that's a different resolution or an amendment to your.... ROGERS: I don't think it need be an amendment, I'll do it... MEASLES: That could delay them starting the Project,, if they are able to come to an agreement between the City Administration and Mr. Dragseth. If it has to come back to this Council for approval at the next meeting so I think it might suffice that the Council gives the Administration the direction tonight that it would like to see any pertinent information that the Council would like to see in that agreement and let the Administration go with it and if we don't like what they do with it, we'll ah ..... 16 O"REILLY: I agree with that. MEASLES: Ah, Yes, Mr. Dragseth? DRAGSETH: The only thing that I have to say is that it's the 18th day of May. and I have to be ready to Process fish on the 15th day of June and we have a Pipeline to build, so Please, hurry. MEASLES: Any further discussion by Council or next meeting. Councilwoman Monfor*? MONFOR: He can't wait until June 1st. So we have to pass this tonight and tell him Olt's fine, contingent upon... ROGERS: We anticipate that we'll have it done first part of next week. MONFOR: So he can leave here tonight knowing that he can ... ROGERS: If that"s direction of Council... MONFOR: permit. ROGERS: and we have administrative,, and You're telling Administration to do it, we'll do Olt. MEASLES: Any further discussion*? Clerk call the roll Please. 17 i i n e _ is p FrC ssor LC�' fish ar?o-'` ware . feet of rotting T e e6m y Royal Pacific Fisheries taminat tewater waste.. on the ground ' has been ordered to. pay had put in a new was r • _ near the plant• y .. ., fine for `Ueatment ...system._ in �1986. $10 000 of a $30,000 _ ,-DECf- ar . t wastes on the - But_ according to C , u Lockwood with the ; dumping fish #-.. yficiais, the - plant's operator =� g ound last summer. .X••: , .� endows DEC,. said the fine was in addition to the fine, the feared eared the trem er- ...reduced becauSe of the cost .4 process firm, owned amount of fish waste gen of constructing the pipeline ,1 fish p last year's huge b Marvin Dragseth, must ated during - ��t . didn't Y its salmon run would overload to the river. t;, build a pipeline from b ssed become cheaper for them. to systems so they YPa location op Kalifornsky the ed break the : laws" he said. Road to the Kenai the system .and discharged Beach R on the ground. ``Vat's °the, :message we, r River to discharge its fish_ the waste want to get "across to other , . 4 �•DE C officials 1found an moors 500 Processors waste. probably estimated 3 000 to o .: • �. c a: line will pro y . - _ j - ;t� :, s e pipe ,.} . 4 • { cost between s50,000 and -AI $70,000, accordingto the ; - - � � skon Department of Environmen z�- tal Conservation - _ .:r:� ;,� 3 n was cited � The company ffe after =last yearnumerous egoo ... complaints from a neighbor r - r- that her well was being con -SNOW y �..- Al Suggested By: Administration ; CITY Of KENAI , ORDINANCE 1260-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23.55.010, ENTITLED EXEMPT SALARIES, SO AS TO ALLOW THE KENAI CITY COUNCIL HAVE THE DISCRETION TO ESTABLISH SALARIES OF EXEMPT EMPLOYEES. T WHEREAS, KMC 23.55.010 provides that salaries for exempt salaries . ; be negotiated between those employees and the Council; and, WHEREAS, KMC 23.55.010 provides that these salaries may be set by i motion of the Council; and, l WHEREAS, the present KMC 23.55.010 restricts the City Council in establishing minimum and maximum salaries for exempt employees; 7 and, WHEREAS, KMC 23.55.010 conflicts with Council's desire relevant to salaries anticipated to be set for exempt employees. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, �.. ALASKA, KMC 23.55.010 is amended as follows: 23.55.010 Exempt Salaries: Salaries of City Manager, City Attorney, and City Clerk shall be negotiated ' by the Council (or by a committee and approved by the Council) and may be set by motion of Council. (THE SALARIES OF THESE INDIVIDUALS SHALL BE WITHIN THE FOLLOWING RANGES: CITY MANAGER $55,000 TO $75,000 CITY ATTORNEY $50,000 TO $70,000 �. CITY CLERK $35,000 TO $45,000 THESE SALARIES SHALL BE IN ADDITION TO THE CUSTOMARY BENEFITS PROVIDED FOR THE POSITIONS. THESE SALARIES SHALL BE APPLICABLE FOR FISCAL YEARS FOR WHICH EMPLOYMENT CONTRACTS ARE NOT IN EFFECT AT THE EFFECTIVE DATE OF THIS ORDINANCE.) i • i° PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 16, 1988 Second Reading: June 1, 1988 Effective Date: July 1, 1988 (5/9/88) L r C_�� f SUBSTITUTE Suggested By: Administration. 1 CITY OF KENAI ORDINANCE 1260-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE, CHAPTER 23.55.020, ENTITLED EXEMPT SALARIES, SO AS TO ALLOW THE KENAI CITY COUNCIL HAVE THE DISCRETION TO ESTABLISH SALARIES OF EXEMPT EMPLOYEES. WHEREAS, KMC 23.55.010 provides that salaries for exempt salaries be negotiated between those employees and the Council; and, WHEREAS, KMC 23.55.010 provides that these salaries may be set by motion of the Council; and, WHEREAS, the present KMC 23.55.010 restricts the City Council in establishing minimum and maximum salaries for exempt employees; and, WHEREAS, KMC 23.55.010 conflicts with Council's desire relevant to salaries anticipated to be set for exempt employees. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, KMC 23.55.010 is amended as follows: 23.55.010 Exempt Salaries: Salaries of City Manager, City A ney, and City Clerk shall be negotiated by the cilQjA BY A COMMITTEE AND APPROVED BY THE COUNCI )] and may be set by motion of Council. [THE SALARI OF THESE INDIVIDUALS SHALL BE WITHIN THE FOLLOWING RANGES: CITY MANAGER 055,000 TO $75,000 CITY ATTORNEY $50,000 TO $70,000 CITY CLERK $35,000 TO $45,000 THESE SALARIES SHALL BE IN ADDITION TO THE CUSTOMARY BENEFITS PROVIDED FOR THE POSITIONS. THESE SALARIES SHALL BE APPLICABLE FOR FISCAL YEARS FOR WHICH EMPLOYMENT CONTRACTS ARE NOT IN EFFECT AT THE EFFECTIVE DATE OF THIS ORDINANCE.] -1- L L- oil - 1 r PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this first day of June, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruoteala, City Clerk First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: July 1, 1988 45/27/88) r— FOR INFORMATION ONLY: Previous ordinance, 1985. Suggested by: City Council CITY OF KENAI ORDINANCE NO. 1069-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.55.010 TO ESTABLISH RANGES OF COMPENSATION OF THE CITY MANAGER, CITY ATTORNEY, AND CITY CLERK. WHEREAS, the City Council desires to formally establish acceptable levels of compensation for the above -mentioned offices. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.55.010 is hereby emended as follows: 23.55.010 Exempt Salaries: Salaries of City Manager, City Attorney, and City Clerk shall be negotiated by the Council (or by a committee and approved by the Council) and may be set by motion of Council. The salaries of these individuals shall be within the following ranges: City Mena er 55,000 to $75 000 City Attorney $50,000 to $70,000 City Clerk $35,UUU to $45,000 These salaries shall be in addition to the customary benefits provided for the positions. These salaries shall be applicable for fiscal Years for which employment contracts are not in effect PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of August, 1985. OM WAGONER, PWOR ATT ST: net Whelan, City Clerk r Approved by Finance: fw First Reading: July 17, 1985 Second Reading: August 7, 1985 Effective -Date: September-7, 1985 Suggested by: Administration City of Kenai ORDINANCE NO. 1261-88 4 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING is - --- - ESTIMATED REVENUES AND APPROPRIATIONS BY $9261 IN THE 1987-88 SENIOR DAY CARE FUND. ' WHEREAS, the City has received an additional $676 in Senior Day Care a donations which have not been appropriated, and WHEREAS, the City expects to receive and additional $280 in donations during the months of Nay and June, 1988, and WHEREAS, the Senior Day Care Coordinator has asked that this money be appropriated for the purchase of program supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Senior Day Care Increase Estimated Revenues: Donations $926 r� Increase Appropriations: Operating Supplies $926 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this let day of f June, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk f' First Reading: May 18, 1988 Second Reading: June 1, 1988 _ _ _ .... ..... ......__ _.._ Effective Date: June 1, 1988 Approved by Finance: C9,4 (5/9/88) y . 1 R � 1} l}S1; C-3 Suggested by: Administration City of Kenai ORDINANCE NO. 1262-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,821, IN THE 1987-88 SENIOR CITIZENS - TITLE III FUND. WHEREAS, the City has received an additional $1,721 in Kenai Senior Citizens - Title III donations which has not been appropriated, and WHEREAS, the City expects to receive an additional $2,100 in donations during the months of May and June, 1988, and WHEREAS, the Project Director has asked that this money be appropriated for the purchase of food supplies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, AX ASKA that estimated revenues and appropriations be increased as follows: Kenai Senior Citizens - Title III Increase Estimated Revenues: Donations - Meals $3,821 Increase Appropriations: Congregate Meals: Operating Supplies $3,056 Home Delivered Meals: Operating Supplies $ 765 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of June, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk ..First - Reading:_ May 18, 1988 Second Reading: June 1, 1988 Effective Date: June 1, 1988 Approved by Finance: G°y (5/10/88) L i I :i Suggested by: City Council I CITY OF KENAI ORDINANCE 1263-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPLACING THE TABLES REFERRED TO IN THE PERSONNEL REGULATIONS (TITLE 23) TO ESTABLISH A NEW SALARY STRUCTURE BY GRADE AND NEW HOURLY RATES FOR PART-TIME -- - -- _- EMPLOYEES. WHEREAS, the Personnel Ordinance KMC 23.55.020(a) and 23.55.050, specifies that the tables establishing salary structure by grade and hourly rates for part-time employees may be replaced by ordinance, and; __-..-._.... _ WHEREAS, due to inflation occurring over the last three years, it appears equitable that the salary structure by grade be increased by 4%, and that the hourly rates for part-time employees be increased by 4%. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the attached tables identified as "Salary Structure by Grade" and "Part -Time Hourly Rates" replace those corresponding tables that presently appear in the Personnel Ordinance which establish salary structure by grade and hourly rates for part-time employees. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June, 1988 1 JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: July 1, 1988 Approved by Finance: 4¢ jal - - 5 J �i 4 NNNNNrb"W POI-Ab" +r�r+r �000 VMcnrw Nr-r A W "WOO 0V M"Aw Nf"C � %00v0"41wN►+ i i O tA0LnA Ar rW WW W W WNNNNNNNNN ww O+ w o OD O� 9 W OO .I M o� 0+ In v► cn r • . . . .Ir+ . . . . . Y+W QOA W0000 %OV W 00+ANWW W W t+ ►a �M..0CW�W 4r-0 W :e oOoyio v ow(�'►w-� oNoW.~i0ND0~D ovA 0 WOO"V W Wo H �y i, (/1 NMyIA j%rAr WW W W WWNNNN NNt+1r VrN�O Vu1NO0DVUI W rO�O+IOtnWNNro PN O (/IV OO+N000ODODONtn�DAO�►W OCO W ►+O W VOMN VAV V �DM�+ VV W VoW F+INC� N l� i 1. IwCOCO"WCQV MN.1 V CoNy00NQWWO%O - #A0 4AU1Ar AA W W W W W WNINNNNWWNNW 0 0 W 0 0 00 0+ UI A ►+ UI N A . . ADO WOAOAO�pOD OD�O�+W VNV W �OO�rNh+1jQ V — - - -- I AVWIOD�O VNiN W tN V 0O+00NWNA /O+W V-4 wg MU1U1V1ArAA rW W W W W W NN NNUNNW OVrN�DVrNomowwwc00VMUS NI- o t7 W W 01Op�UIF+�000 VGD�ONYI�OA�00� NOODVON�rO V�ONDO0 V O'40 N00 V W M00hW+0O%0 NMW0% ACC . Mcncn� Wp apA AW W W WwWNNNIVNWNM+h+ �oo�nW OODMW W 0 V0%4%N►+%00D 0pp%;A4' Nyw to N O V W O FO+ N N W W%D W0% W O W W W N V OW MWOOM Wv041000 A WO VCAF+�D VpNOOMN WIrOaD NOW M iroOo0QQQQ1��1v�v6;-1.pOw oZ,;-O 4I m;-o+ WV A0�ONlrOW00D Oat D1O�7�WtN�1M~+W�VIW+10~DWVAO ,� MM CANU�C1 AAAA W W W W W W(� NNN NNF+h+ l►1.+OpV1W00 "W►+0 V 0ANM�100DO�V1A WM W VI W AMOA Q000+cntAMONUtOUt W-4NN�in �O OAVN ONiMV+pWDW VhO+ VOA V VN0O0 VtWncN UNiF+W M M NN Ulin A r A A A W W W W W W N N N NNw+W UIN�OMAN �OO�rNOODMAwr+OCDVMA WMr I S �av:l�ortnM+Winrc+�Ne�rvwccnef►00t� CA WtOncc�OW PWAOV�OOWNAO�W VOOV�� V -i MMO�UfU1tnU1AA AAwW W W W W NNNNNF+h+ VA OODLANOVVtW1.+�0VutWNO�OVMVIAVA p,r 1 � - - �� WO�OF+WQ�F�V{AWNWrM�OW00 W�OMW�+ N w U1NrArArWtO J R W V0-4 %J�0�0r0��0►+MMV N�040U�wV O WN W vO00wrMO� VCn►+MOtnO L ff - j': r F C•s �� Suggested by: Administration l CITY OF KENAI ORDINANCE 1264-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMNENCING JULY 1, 1988, AND ENDING JUNE 30, 1989. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska, that the City Council, not later than the tenth day of June, adopt a budget for the following fiscal year and make appropriation of the monies needed. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1• That certain document entitled "City of Kenai 1988-89 Annual Budget" which is available for examination by the public in the Office of the City Clerk and is incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 1988 and ending June 30, 1989. Section 2: The following sums of money are hereby appropriated for the operations of the City of Kenai for the fiscal year commencing on the first day of July, 1988, and ending the 30th day June, 1989, to be expended consistent with and subject to the restrictions, procedures, and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 1 hereof: General Fund Operating Budget $5,703,364 Restricted Reserve - Capital Improvements 200,000 $5,903,364 Boating Facility Fund Airport Terminal Fund Water and Sewer Fund Airport Land System Fund Debt Service Funds Senior Citizen Funds 1 LN 95,146 186,200 699,000 1,M0500 828,000 354,768 r PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA' this lot day of June, 1988 ATTEST: Janet Ruotsala, City Clerk JOHN J. WILLIAMS, MAYOR First Reading: May 18, 1988 Second Reading: June 1, 1988 Effective Date: June 1, 1988 �. ' C- S COlINGIL Memo To: Kenai City Council From: Charles A. Brown, Finance Director Date: 6/1/88 a Q4 Subject: Salaries of Dock Personnel Attached is a memo from Keith to the City Manager requesting that the Dock Foreman and Dock Hands be paid at ranges 7 and 3, rather than 3 and 1. If the Council desires to grant this request, the following motion could be made prior to adoption of Ordinance No. 1264-88 (C-5 on 6/1/88 Agenda): "Move to amend the 1988-89 Annual Budget by increasing personal services accounts in the Boating -Facility Fund by $6,908, with a similar reduction in the contingency account." No actual amendment to Ordinance No. 1264 is necessary because the Boating Facility Fund total will be unchanged. i L l I' F r CITY OF KEN A1..".."- %Od Cap" */ 4" _ MO MOALGO IMMAI, ALASM Md11 TELEPHONE 2113.703 TO: WM. J. BRIGHTON, CITY MANAGER FROM: KEITH KORNELIS, PUBLIC WORKS DIRECTOR DATE: MAY 31, 1988 SUBJECT: SALARY FOR DOCK FOREMAN & DOCK HAND The salary rates that were not for the Dock Foreman and Dock Hand are too low for what we are asking them to do. Both of these individuals will be operating fork lifts and cranes on the City dock in very heavily congested areas with little tolerance for errors. They will also be handling VISA, cash, and charge sales (often over $1,000) for fuel, wharfage, repair grid, etc... We need hard working, responsible, honest, workers with dock experience. I have had the position open for over a month and have received only 14 applicants. The rate is too low for good qualified operators. Below is a summary of my requests: Dock Manager 4 months Dock Foreman 4 months Dock Hand 3.5 months Dock Hand 3.5 months Public Works requests that, KK\kh DEPT\HARBOR\SALARY.MEM L OLD M 13A = $15.75 13A a $15.75 3A = 9.67 7A = 11.76 IA a 5.85 3A = 9.67 lA = 5.85 3A v 9.67 gested by: Airport Manager of Kenai R N0. 1265-88 3 CITY OF KENAI, ALASKA INCREASING `IONS BY $66,000, IN A NEW CAPITAL CIWAY OVERLAY". ;ign an asphalt overlay of the runway &i Municipal Airport, and lanced with Airport Land system monies, :osts are expected to be financed Funding. Y THE COUNCIL OF THE CITY OF KENAI, nd appropriations be increased as ues: Balance $66,000 ,oject $66,000 :ues: Land system $66,000 $ 2,000 64,000 $66,000 1 L wr� PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this let day of June, 1988. i JOHN J. WILLIAMS, MAYOR i 1 � i i i I First Reading: May 18, 1988 Second Reading: June 1, 1988 i Effective Date: June 1, 1988 ATTEST: Janet Ruoteala, City Clerk Approved by Finance: 9Q (5/12/88) 1— �� CITY OF KENAI \� ' ©id ed,ailoed 4 416d4a . ; . MO RDAL00 KENAI, ALASKA 99611 TVAPNONB283-M5 May 12, 1988 MEMORANDUM TO: Kenai City Council FROM: Randy Ernst, Airport Manager Mr. Floyd Pattison, who is the manager of the Planning and Programming Branch for the Airports Division of the FAA (Alaska), has informed me that the City of Kenai has $352,191.00 of 1986 hold -over Alp funds that must come to grant prior to September 30, 1988 or risk losing those funds under the FAA's three-year maximum hold -over criteria. He j also reminded me that hold -over funds for 1987 in the amount of $673,400.00 will need to be directed toward a project by January 1989. With this in mind, he and I discussed the impending need for an overlayment of the runway and taxiways and concluded that it might be good for the City of Kenai to consider a phased engineering and construction project to get this job done. By phasing the overlayment project over the next 18 months, the City would make use of the 1986 le to of1$673,400uand the 1988nds and be ballocation iallocationne the 1987 of $573,924 to complete the project. Jack LaShot, City Engineer, estimates the overlayment of "Alpha" and "Bravo" taxiways would cost approximately• $360,000 which could be engineered and brought to bid by September (Phase V. Phase II would be the overlayment of "Charlie" taxiway and the runway at an estimated cost of $1,225,000.00. Funding for the whole project would break out as follows: Hold -over 1986 0352,191 Phase I Hold -over 1987 673,400 Phase II Current 1988 573,924 Phase Ii (See attached letter from the FAA dated May 10, 1988) The only other project pending aside from the Airport Termich is not AIP icquisitionion costshf und eligible) in incurred during the condemnationthe landa , 1 proceedings on the 80 acres at the float plane facility site. The court has not as yet determined the amount the City should pay, therefore we cannot apply for AIP funds. I would request the City Council approve the attached appropriation of $66,000.00 to fund the design of both Phase I and Phase II over the overlayment project. RE/dg Attachment r IF Alaskan Region 701 C Street, Box 14 U.& Depoornent of Tran*dalbn Anchorage, Alaska 09513 PedeW AvIation ORM-M. ld finn VAY lot 1986 48 Mr. Randy ZMts MWM88V 0 CITY OF K.:N,'* '�. i Semi jUdolpal Airport 7Id&390 2110 93 9611011 Alaska '996n 'Dear W. Ernsts -Glarl rY the current j1P fundift status for the... City 14 order to I . . . • or ZoNdo the Rallowing intonation In providedt Carryover Carryover PY 1967 PY 1986 PY 1985 TOTAL 7160" 'to" 19873 — Available funds $6739400 $6249894 $395,128 41#693g422 P4, FT 1987 Hater667#831 Runway Project .,.2?2o?03 -395tX28 Balance PY 1967 P773,400 V352091 0 $19-025959, Carryover CarrYOVDIP PY Igoe PY 1987 PY 1986 TOTAL Pascal Year 1968: Available funds 4573p924 $673#400 $352p191 $1,5990515 I According to the Airport and Airway improvement hot of 1962 and the 1987 funds of $352o191 will become inactive amended UMue8e# the third year discretionary funds on September 30t 198 Be a" will convert to nationwide . antesg obligated this fiscal year. Z hope thisIntormation clarifies the funding status for the city or 40 not hesitate to call Sylvia Zonal. Por furtber inroMWOU P18689 90bay"U I Program Speciallatq 271-544% Oftearelyp loid -8. Pattison Managert planning & programing Branch "arts Division Suggested by: Administration CITY OF KENAI VZSOLUTION NO. 88-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FIXING THE RATE OF LEVY OF PROPERTY TAX FOR THE FISCAL YEAR COMMENCING JULY 1, 1988 AND ENDING JUNE 30, 1989. WHEREAS, the Code of the City of Kenai requires that the rate of levy of property tax be set annually not later than the tenth day of June; and, WHEREAS, the Council has adopted the "City of Kenai 1988-89 Annual Budget," which estimates property tax revenue based upon a tax rate of 2.7 mills. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the rate of levy of property tax for the fiscal year commencing July 1, 1988 and ending June 30, 1989 be fixed at 2.7 mills. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of June, 1988. JOHN J. WILLIAMS, MAYOR -i Suggested by: Parks & Recreation Director � _ t ,ity of Kenai - d on N0. 88-42 OF THE CITY OF KENAI, ALASKA, THAI THE , BE MADE IN THE 1987-88 GENERAL FUND -- _ - 1 -- - FROM: Other - Contingency $8,000 TO: Parks - Salaries $8,000 This transfer provides money for salaries of Parks Department personnel for the month of June, 1988. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this lot day of June, 1988. }1� ATTEST: ti Janet Ruotsala, City Clerk Approved by Finance: - - ---- "- -- } (5/24/88) jal JOHN J. WILLIAMS, MAYOR r .j MEMORANDUM TO: Mayor Williams and Council FROM: Kayo McGillivray, Director �1d, Parks & Recreation DATE: May 12, 1988 CITY OF K',.,,vr„ � 210FIDALOO KENALALASKA ffell TELEPHONE 293. MS Due to a combination of factors, the Parks Department is in need of additional funds in the amount of $8,000.00 for salaries covering the Cmonth of June of the 1988 budget year. This shortage was created by: 1. Early break-up with softball and baseball starting earlier than previously so personnel were hired sooner. They are starting even sooner this year. 2. Additional softball tournaments on weekends so workers maintaining fields worked more hours. Three people worklay 20-25 hours each tournament. 3. Keeping some personnel on later in the fall for mowing, etc., as well as preparing and planting triangle park. We also continued to maintain flowers in beds and boxes until freeze caught them. The areas of responsibility for the Parks Department have increased considerably over the last few years and we have held our budget down . with little or no increase in salaries. f, I have visited with the Finance Director on this matter and if Council is agreeable then an appropriation can be taken care of at the June let meeting. --- — - ( KMcG/jal it I MEMORANDUM TO: Mayor Williams and Council FROM: Kayo McGillivray, Director �1d, Parks & Recreation DATE: May 12, 1988 CITY OF K',.,,vr„ � 210FIDALOO KENALALASKA ffell TELEPHONE 293. MS Due to a combination of factors, the Parks Department is in need of additional funds in the amount of $8,000.00 for salaries covering the Cmonth of June of the 1988 budget year. This shortage was created by: 1. Early break-up with softball and baseball starting earlier than previously so personnel were hired sooner. They are starting even sooner this year. 2. Additional softball tournaments on weekends so workers maintaining fields worked more hours. Three people worklay 20-25 hours each tournament. 3. Keeping some personnel on later in the fall for mowing, etc., as well as preparing and planting triangle park. We also continued to maintain flowers in beds and boxes until freeze caught them. The areas of responsibility for the Parks Department have increased considerably over the last few years and we have held our budget down . with little or no increase in salaries. f, I have visited with the Finance Director on this matter and if Council is agreeable then an appropriation can be taken care of at the June let meeting. --- — - ( KMcG/jal it I c ow Suggested by: Administration ` Elll�lL� City of Kenai RESOLUTION N0. 88-43 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE CORAL. AND COME STREETS CAPITAL PROJECT FUND: FROM: Contingency $12,320 TO: Inspection $12,320 This transfer provides sufficient monies to award the inspection/ surveying contract on this project to William J. Nelson & Associates. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of June, 1988. JOHN J. WILLIAMS, MAYOR ro F& I Suggested by: Administration RESOLUTION NO. 88•-44 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. AWARDING THE BID FOR THE PROJECT ENTITLED COME AVENUE AND CORAL STREET - STREET CONSTRUCTION, DRAINAGE. WATER AND SEWER MAIN TO ZUBECK, INC, FOR THE BASIC DID PLUS ADDITIVE ALTERNATES NUMBERS 1 AND 2 FOR A TOTAL AMOUNT OF $243,750.50. WHEREAS, the City of Kenai received bids from the following firms on May 26, 1988 : FIRMS BID PRICE TOTAL BASIC BASIC ADDITIVE, ADDITIVE, AID_+ f1DD._, BID ALT. #1_ ALT. #3 a Zubeck, tnc. $154,107.50 9 73,441.00 $16,202.00 $243,750.50 Beta Construction 175,733.75 80,137.74 14,126.50 269,999.99 Harley's Trucking 168,871.50 81,011.50 19,592.00 269,475.00 Herndon & Herndon 183,000.00 90,000.00 18,000.00 291,000.00 Hermon Brothers 204,054.25 99,278.45 21,286.20 324,618.90 Doyle Construction 209,137.60 108,279.95 22,231.00 339,648.55 Engineer's Estimate 204,969.25 95,512.75 21,388.00 321,870.00 WHEREAS, the Basic Bid includes construction improvements on Coral Street, Additive Alternate No. 1 includes improvements on Cohoe Avenue, and Additive Alternate No. 2 includes a water line to the ballfields, and WHEREAS, the Council of the City of Kenai and the Public Works Department feel that it is in the best interest of the City of Kenai to award this project to ZUBECK, INC.. and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the above project be awarded to Zubeck, Inc. for the Basic Bid plus Additive Alternates Numbers 1 and 2 for a total amount of $243,750.50. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of June, 1988. ATTEST: Janet Ruotsala, City Clerk Approved by Finance: 'Q4 JOHN J. WILLIAMS, MAYOR III QQQ999 1 ,. Suggested by: Administration { RESOLUTION N0. 88-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, THE PROJECT ENTITLED CURB AND 8I03WAL1 t AWARDING THE BID FOR R3PAtR8 - MAY 1998 TO VALLEY CO1JCR3T3 FOR $15,871.95. WHEREAS, the City of Kenai received bids from the following firms t� on May 27, 1998: i FIRM 1, Valley Concrete 415,871.98 - -- -- Kenai Masonry 16 ,1a9.00 4 Mack Masonry 28,815.00 HG Construction 35,590.00 WHEREAS, the Council of the City of Kenai and the Public Works the City of - Department feel that it is it: the beat interest of Kenai to award this project to VALLEY CONCR373, and WHEREAS, sufficient funds are appropriated. . 4 Q.• NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF the above project be awarded to VALLEY KENAI, ALASKA* that li. CONCRET3 for $15,871.95. y Ui PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of June, 1988. :4 7I I JOHN J. WILLIAMS, MAYOR x, r. ATTEST: Janet Ruoteala, City Clerk Approved by Finance: Written by Public Works: U ' 1 qQq. rt i 7 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 88-46 A RESOLUTION OF THE COUNCIL OF THE CITY OF RENAI, ALASKA AUTHORIZING PARTICIPATION IN A GRANT APPLICATION TO THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION FOR THE DEVELOPMENT OF A SEAFOOD INDUSTRIAL PARR. WHEREAS, the City of Kenai wishes to provide a seafood industrial park for use in the community, and WHEREAS, this organization is an applicant for a grant from the United States Economic Development Administration. NOW, THEREFORE, 8E IT RESOLVED that the City Manager of the City of Kenai is hereby authorized to negotiate and execute any and all documents required for granting and managing funds on behalf of this organization. The City Manager is also authorized to execute any subsequent amendments to said grant agreement to provide for adjustments to the project within the scope of services or tasks, based upon the needs of the project. PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of June, 1988. JOHN J. WILLIAMS, MAYOR - ATTEST: L OF ALASKA DEPARTMENT OF REVENUE ALCOM UCBEVER40ECnAITROL BOARD May 19, 1988 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, AK 99611 r— . STEVE C ! (907) 277-8638 650 W. TTH AVE ANCHORAGE. ALASKA 995014098 SUBJECT: Restaurant Designation Applications We are in receipt of the following application(s) for restaurant. designation permit(s) within the Cit of Kenai Please complete the enclosed application(s) and return to our office. RESTAURANT1 EATING PLACE. Pizza Paradisos Enclosed is a restaurant designation which allows access of persons under the age of 19 to enter a licensed premises for purpose of non- alcoholic related employment or dining. Pursuant to AS O4.16.049, the Alcoholic Beverage Control Board, "with the approval of the governing body having jurisdiction and at the licensee's request, shall designate which premises are hotels, restaurants, or eating places only for pur- poses of this subsection." Sincere , 61 ` dHOOI�� Records and Licensing Supervisor Encl: As Stated GIN :t 7 - s ,f- e Is �-(j I i STATE OF ALASKA i b ALCOHOLIC BEVERAGE_CONTR%L BOARD i3 �u uu The granting of this permit allows access of pers ns under the age of 19 to designated licensed premises for purposes of dining or employment. If for employment, please state, in detail, how the person wilt be employed, duties, etc. (15 AAC 104.745). This aoDliSation is for designation of premises where: (please mark appropriate items) -&-Persons 16 and older may dine unaccompanied. „persons under 16 may dine accompanied by a person 21 years or older. persons between 16 and 19 years may be employed. (See note below) LICENSEE: raZZa nra:,��SnS 0D S : 1. Hours of Operation: //An to // eoV .ToIephone #�& 7 -..724'JF75- 2. Have pot ce ever been called to your premises by you or anyone else for any reason: Yes No If Yes, date(s) and explanatlon(s). 3.Duties of employment: 4. Are video games available to the public on your p3emisesTJ 5. Do you provide entertainment? Yes No If Yes, describe. 6. Now is food served?ble Service buffet service Counter service Other* 7. Is the ow r, manager, or assistant manager always present during business hours? Yes �o A *a YCM11 A61n A nCTAfl Cn 1 TIVUCCn aDCUICCC ?An0A Y11CT arrnmomv Tuft ADDI VrATTnu*** I This permit remains in effect until the liquor license is transferred OR at the discretion of the Alcoholic Beverage Control Board. (15 AAC 104,795) I certify that I have read AS O4.16.049, AS O4.16.060, 15 AAC 104 15-745 and have instructed my employees about provisions contained j I A is nt(s),signature i Subscribed ,and sworn to before me this o of WM 1 Application approved (15 AAC 104.725(e) Notary u * ip and fdqrA'ha Governing Body Official My Commission expires 1 Date:_: — Director, ABC Board ' Date: Note: AS O4.16.049(c) requires that written parental consent and an exemption by the Dept. of Labor must be provided to the licensee by the employee. i * Described how food is served on back of form 0012C/16 S/88 L H1 A 1 it r t i l l� 1. 1. 2. 3. L 0-3 ECONOMIC DEVELOPMENT COMMISSIOW MAY $, 1900 7 PM HOMER ELECTRIC ASSOCIATION CONFERENCE ROOM VINCE O'REILLY CHAIRMAN CALL TO ORDER Chairman Vince O'Reilly called the meeting to order at 7pm. Those commissioners in attendance were: Darren Bond Jim Elmon Vince O'Reilly Penny Over Barry Thomson Excused - Bob Scott Jim Carter- not excuse Spankers in attendance were Katheryn Boling and Lance aidoomb,Atty. representing Kenai Native Association. Kenai Firs Chief Ivanoff Kenai Police Chief Ross I DOUG COUGHENOWER, COMMI?RCIAL FISH IMPACT STUDY. Chairman O'Reilly notified the EOC that Mr. Coughenower is going to start this study And he will keep them informed of its progress. VISITOR INDUSTRY FORUM This forum is going to be held May 12, 1900 in Soldotna and should be very informative. Commissionern Penny Oyer and Darren Ound will try and attend. At the next EDC meeting, May 12. they will give some input on this forum. SEAFOOD CONTRACT REVIEW Commissioners Darren Bond and Jim Elson met to go over the Lease Agreement and after reviewing this contacted the Kenai City Attorney Tim Rogers to go over some suggestions they had. Lease Agreement will - be corrected and then submitted for final approval. L I11 r page 2 per, May 5 meeting of EDC t FIREMEN'S CONVENTION Chairman O'Railly•told the commission that Eric McDowell will provide a report on the estimated impact this conference wi'1'I have on the community. After the roport is put together the EDC will review it and then submit it to the Kenai City Council. 5'. WILQWOOO ANNEXATION Katheryn Boling of the Kenai Native Association and their Attorney Lance Gidcomb were at this EDC meeting to answer questions presented to them by the Commission and to give an overview of why they proposed this annexation to the city. The Kenai City Council had asked the EDC to come within a 00 day period with an economic recommendation on the pro's and can's of annexation of Wildwood. Information that was given in response to the commissioners is an follows$ Question was asked if the land was tax exempt and the answer was that once the land is developed it 'loses its -tax exempt status and Boling thought thare was about 4200 acres that KNA wanted to annex. Roland Lynn will be helping to put together a study an the annexati(� and said that he and the EDG will work to got it done by the middles' of June. Question was asked about then wells an Wildwood and it is understood that they have boon capped but can be reopened and used. Question was asked if the 1991 native 'lands issue would have any bareing on the annexation and the answer was tic. Since the Economic issue is the main issue of then EUC.at this meeting Chief Ivanoff of the Kenai City Fire Department was asked to come befor the commission and give some input. Chief Ivano-ft said that N•ik•iski Firs." Dept. made 50 runs last ,year to the Wildwood Complex and of that 50 . 47 were ambulance calls and 1 or 2 were false alarm fire calls. He said that at this time he saw no need for extra vehicles or facilities to service Wildwood and everything was up to code there now. Within the prison facility the State of Alaska takes care of things and our only responsibility is outside the prison structure. Also Wildwood is within the 5 mile response sane. P '1: f. fJ 0 Pago a 1. May 8 meeting of EDC Chief Ross of the Kenai Police Department watt presented with some questions and he responded by saying that the Alaska State Troopers had only five calls to Wildwood in the firgt quarter of this ,year . City Police had 1100 in the city ao•.he felt it was insignificant an far an the work load. He said that there would probably be more calls from people if Kenai did annex because people tend to call more often when municipal services are provided. He felt that if all the facilities at Wildwood were rented.then there would be a significant impact on services provided because of close proximity living and that would mean more police callss and fire calls. The rental units are of a lower economic attraction no this usually generates more calls . if in the future those rental units were filled with a highly transient population then It would mean more calls and more cost to the city for more man power and equipment. Chief Roes doesn't see a major impact to the city in the near future and suggested that perhaps the EDC would want to contact the State Department of Corrections to get some input on the future plans for Wildwood. Chairman O'Reilly asked if the statistics showed any great impact an a municipality when a Stat© Jail was located within the city 'limits. Chief Ross answered no because the municipality has no legal jurisdiction within the prison . The role of the Kenai Police Department is to contain and by law the Alaska State Troopers take care of any disturbance with the prison facility. The Kenai City Attorney 'rim Rogers and Keith Cornelius will come befor the �) EDC at the May 12 meeting to give comments. Chairman O'Reilly will try to pot someone from the Alaska State Department of Corrections .to perhaps answer questions on Wildwood Prison and what is in the future for it. A question was asked about Chu linuor 'license that the King George had and Chief Ross said that he would check into that befor the next meeting of the EDC. Meeting adjourned n 9%25 pm. next meeting will be May 12. 1900 at HEA. N ky Dan d for Niva's Clerical Services. for the City of Kenai. 6 0-00 i f�- ��9 Economic Development Commission May 12, 1988 - 7:00 PM Held, Homer Electric Association Conference Room Minutes of Regular Meeting Presiding: Vince O'Reilly, Chairman Meeting was called to order by ChairmaA O'Reilly at 7s00 P.M. 1. ROLL CALL Present Absent Vince O'Reilly Jim Carter Darren Bond Barry Thomson Jim Elson Bob Scott (excused) Penny Dyer in attendances Roland Lynn, Contract Services for E.D.C.; Tim Rogers, City Attorney; Charlie Brown, City Finance Dept.; Paul Webb, State of Alaska Corrections 2. APPROVAL OF AGENDA Chairman Vince O'Reilly announced that the agenda is a simplified one for this meeting and for next Thursday night, May 19, 1988. There was an addition to the agenda to include Commission Member Penny Dyer to report on a meeting with Alaska Tourism. The agenda was accepted as amended. A. Alaska Tourism Commission Member Penny Dyer made a brief report on a meeting she attended with Alaska Tourism. She will make a presentation on it at the June 9 meeting. The meeting was represented by most of the Chambers of Commerce, and others directly related to tourist industry. The Director of Alaska Visitors Association and Director of Alaska Tourism were in attendance. A presentation was made by West Tours, and a presentation by Attorney Bob Breen from Anchorage, who is trying to get a 72 hour visa on fueling stops in Anchorage so that travelers will be able to shop._. The statewide picture__ts optimistic._ They came down to help promote the Kenai Peninsula and present ideas as to where funds might be available. rm c �Ia i i 0 Economic Development Commission May 12, 1988 Page -2- B. State of Alaska Corrections The Economic Development Commission of the City was charged by the Council to come up with an economic consideration of a possible annexation of Wildwood. Chairman Vince O'Reilly asked Paul Webb of Wildwood to make his presentation. Paul Webb reported that Wildwood is holding 204 sentence prisoners, 106 at pretrial facilities. Budget is five million dollars, but will go up a little with new positions. They are now leasing the land, but the Commissioner budgeted to purchase the land, but it did not get past the Governor. One of the Commissioner's priorities was to get some half -way houses in the state. This was in the budget this year, but did not get past the Governor's office. There are two prison Ludustriess the wood plant is running $100,000 worth of goods behind now; the mill shop is holding its , own. There are 100 employees. d t aith no roblema Be stated that the Wildwood location has worke ou p with the community. Demand for prison apace continues, and projected to ; continue and will stay at capacity. Does not see need for expansion. i State policy is to use local purchases and services as much as possible. { C. City Attorney A question arose regarding taxing property where the owner is a Native Corporation. City Attorney Tim Rogers presented his Memorandum to the Commission, regarding Annexation of Wildwood, including a protest on taxation which he ! anticipates will be litigated and resolved in the courts. He reported that one way to annex the property would be to have the state purchase the property, and then annex and lease it back. The City may not want to annex the property while ownership resides in the Native Corporation, as there may be an impediment. The city could find itself annexing the property, acquiring sub -standard roads, sewers, water, streets, and being compelled to upgrade without the ability to assess for that. -- I.: T'. r-- Economic Development Commission May 12, 1988 Page -3- He sees two serious legal problems: One is taxation of property under the Native Settlement Act, and secondly subjecting those lands to planning and zoning regulations. D. City Finance Charlie Brown of Kenai City Finance stated that in the long run, the Municipality has to be able to rely on the property tax in order to finance the services. As long as this is in question, he doesn't think that they should move ahead, because he doesn't believe that the other sources of revenue can be relied upon. The capital improvement costs cannot be quantified because they are unknown. Recess was at 8:45 P.M. 3. COMMISSION QUESTIONS 6 COMMENTS After much discussion by the Commission Members, Chairman Vincent O'Reilly asked Roland Lynn to prepare a draft of recommendations for the EDC to present to the City Council. He will prepare a check -list of disadvantages and identify short term problems that must be resolved before anything can be done. This will include legal questions, the utility questions, the easement questions, etc. that are reasons that the Commission does not feel this is a wise decision for the city of Kenai at this time. Chairman O'Reilly requested that Roland Lynn get a copy of the Economic Development Commission minutes for this meeting when they are distributed to the Commission members. The next regular meeting will be June 9. The Commission members will bring Roland Lynn's draft to the meeting and come up with a final recommendation which would be submitted to the City Council June 15. Other items outstanding for June 9 meetings 1. Economic development matters in the national, state and local level that the Commission wants to look at and offer recommendations to the Council. 2. Get information on the data bank. I Economic Development Commission May 12, 1988 Page -4- 4. SPEAKER FOR SOLDOTNA CHAMBER OF COMMERCE MEETING Chairmaa O'Reilly asked for a volunteer to attend and speak to the Soldotna Chamber of Commerce meeting May 31 to explain What the Economic Development Commission of the City is doing. MOTION Darren Bond moved, seconded by Penny Dyer, that Barry Thomson be appointed as the speaker for the Soldotna Chamber of Commerce meeting May 31. Motion carried by unanimous consent. s. ADJOURNMENT The meeting adjourned at 900 P.M. ��ima L �.Stat� oRn 8 Secretary Wirs, Niva's Clerical Services for the City of Kenai KENAI BICENTENNIAL COMMISSION Regular Meeting Monday, May 16, 1988, 7 pm Held, Kenai Community Library Bob Cowan, Chairman Present Absent Bob Cowan Sue Carter Fred Braun George Ford Roger Meeks Clare Swan Jackie Oberg i In Attendance: Father Targonsky Ethel Clauson Four Commissioners were present, and three commissioners absent. 2,, PSRSONS PR SE T SCHEDULED TO BE HEARD None. 1,, AQPROVAL OF AGENDA No Action. ggpgaVAL• OF MINUTES - May 2. 1988 Page 2, first paragraph; the spelling of the "Kasperson" was noted for correction by Commissioner Braun. 5, REPORT - COMMISSIONER OHERG Chairman Cowan asked Commissioner Oberg if she should relate some of her findings discovered on a recent trip, and during the grant workshop. Commissioner Oberg checked into the Community Foundation. it was learned during the Grant and Foundation Workshop, that based on the information gathered so far, this foundation was not feasible for this commission at this time. Commissioner Oberg felt it had good potential the City. This foundation required a large amount of seed money. In Arizona, this foundation - -has- been established -and_. going .well- for fifteen_ years, however, the seed money was donated by a wealthy benefactor._ Also, there, _they have professional people that (-- are able to donate their time and expertise in dealing with - the paperwork and finances. t It 1��771 i, a, 1 I KENAI BICENTENNIAL COMMISSION May 16, 1988 page 2 As far as raising money, Commissioner Oberg explained the ; different industries that could be approached, as well as community support, once public relations was started to make everyone aware of the project. ! 4 During visits to several states, Commissioner Oberg tried to �.. - - find how they promoted their cities to the tourist industry. As examples: stores that focus on selling things that are - ---- - made only in that community or in that state; a lot of slogans; t-shirt sales; store signs, welcoming the peop e; -- business as well as community participation. Discussion followed regarding grants and foundations. Names of people for a sub -committee who would lend their expertise in this type of endeavor were discussed. Suggestions were made to look into matching fund type of commitments and funding; and also, an inquiry type letter to tourists and visitors who continually travel to Kenai and Alaska year after year. " . LOGO CONTEST Brief discussion took place regarding the contest. ' Commissioner Braun commented on the ad displayed in the local newspaper and how well it was written. Commissioner Oberg said it was in the classrooms and on the bulletin boards at the various schools also. E LIST OF IDEAS FOR BUI�DIJ�G j C'f Items and ideas for the functions of the building were discussed and gathered in general by the commissioners. Four main categories were listed, outlined and analyzed, with sub- categories for expanded and multiple use. 1 These ideas were being prepared and drafted in anticipation 4 of the joint workshop session with the City Council. f - Chairman Cowan asked Commissioner Oberg to prepare a presentation and a broad outline, regarding special funding and grant considerations for matching funds. v ' tt Y 4TH CELEBRATION Commissioner Braun reported, the Chamber has two -people--who - - -------------- have volunteered to coordinate with different groups -- - ----- regarding the parade and activities after the parade. LJ y 3., 1 !. { KENAI BICENTENNIAL COMMISSION May 160 1988 page 3 2.,, OUTSIDE DISPLAYS Discussion took place regarding contact with the fishing ' industries, oil industries, historical society and fish, game and wildlife officials for possible donations of displays - that may be available. 22'. COMMENTS Comments were made regarding; staffing, civic groups, volunteers, maintenance and admissions. The meeting was adjourned at 8:30 pm. &00 a-. e&ag- - N va A. Aburto dba/Niva's Clerical Services KENAI PARKS 6 RECREATION COMMISSION May 17, 1988 - 7:00 PM Kenai City Hall Richard Hultherg, Chairman AGENDA 1. ROLL CALL Z. PERSONS PBFRENT SCHEDULED TO BE HEARD 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES of April 19, 1988 S. DIRECTOR'S REPORT a. City League Basketball b. summer Program a.. Summer Hire 6. OLD BUSINESS 7. NEW BUSINESS a. Report on Meeting - Adopt -a -Park b. Discussion: Current Budget A940 8. COMMITTEE QUESTIONS a COMMENTS 9, ADJOURNMENT --- --- ---- ---- -g I11 1 KENAI PARKS AND RECREATION COMMISSION Minutes, Regular Meeting I Tuesday, May 17, 1988, 7 pm Held, Kenai City Hall Conference Room, 1 Presiding: Dale Sandahl, Vice -Chairman - F 1,. W" Rrellent Absent Dale Sandahl Richard Hultberg (Excused) Jerry Carlson Cynthia Salazar (Excused) i -- -- Marvin Siekawitch Annette Hubbler (Unexcused) Roger Seibert In Attendance: Kayo McGillivray, Director, Parks & Recreation 21,,, PERSONS PRESENT SCHEDULED TO BE HEARD None. 3_,. APPROVAL OF AGENDA Under "New Business", item (c), 1988 Budget, was added. Item 7 (b), the year, 1988, was added. Agenda approved as } corrected.' 4. APPROVAL OF MINUTES - Aork 19. 1988 Minutes were approved as presented. DIRECTOR'S REPORT j i a. City League Basketball. The basketball program has been approved for parks and recreation. b. Summer Program. Director McGillivray reported the summer recreation program will take place at the rec center, - and will be operated more or less the same as last year. Ms. s. Lou Ann Raisbeck will be back this year and running the f program. The plan is to start June 13 and run for ! approximately eight weeks. Director McGillivray has talked with Mr. Dick Morgan and may be able to work in some type of golf lesson program. c. Summer Hire. The summer hires have been determined with ! several summer workers returning from last year. There will -==----"- ---"--- be four new/replacement hires in -parks -and- -beautification.- Also, four new/replacement hires in the recreation program. Director McGillivray stated, the little league and softball program both started a week early. i j, r. KENAI PARKS AND RECREATION COMMISSION May 17, 1988 page 2 ,6 OLD BUSINESS No action. 2-L NEW B SLL INESS a. Report on Adopt -A -Park Meeting. Director McGillivray referred the commissioners to the copy of a hand-out from the City of Anchorage. A meeting was held in Soldotna_ and a program will be starting in Soldotna. Mr. Bill Musson did attend. With the parks program already in place in Kenai, it was felt, it would not be necessary to establish this type of program at this time; however, if the status changed, it would be something to look into. Generally, many volunteers and coordinators would be needed, willing to lend their time and labor during the summer, for this type of project to work and be successful. b. Current Budget - 1988. Discussion was held and after the last report to the commissioners, nothing has changed. c. Budget - 1989. Director McGillivray explained he has submitted a memorandum to the City Council for additional funds in the parks department. The increase in the number of softball tournaments, the early start of last year's activities and, projects that needed to be finished and planted caused additional weekend hours and labor time to be accumulated. These are some of the main reasons for the request. A.L COMMENTS AND OUESTIONS Directory McGillivray explained a new brochure that he and Mr. Musson have been drafting. Commissioner Carlson mentioned the reception that will be given by the city, in appreciation of the volunteers and commission members. Date, time and location was given. Director McGillivray asked the commissioners to mark their calendars for June lath, which is the dedication of the Memorial Park and June 25th is the date set for the ARCO Jesse Owens Games. 71 i S i i KENAI PARKS AND RECREATION COMMISSION (^ i May 17, 1988 page 3 S, 2j. �oU MENT The meeting was adjourned at 7:50 pm. i - - =. -- NNrva A. Aburto dba/Niva•s Clerical Services i i i �Y l i { {i y t. " - Li i, i t! s 1'1 v KENAI PLANNING & ZONING COMMISSION May 25, 1987 - 7:00 PM Homer Electric Conference Room Hal Smalley, Chairman 1. ROLL CALL j `= Present: Smalley, Brown, Bryson, Church, Nault, O'Reilly (I 1 Absent: None 2. APPROVAL OF AGENDA I There were two additions to the agenda; PZ88-5 and 6. i MOTION: Commissioner Nault moved unanimous approval of amended agenda, seconded by Commissioner Bryson VOTE: Notion passed by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None S. APPROVAL OF MINUTES of May 17, 1988 - Special Meeting NOTION: Commissioner Church moved for unanimous consent of approval of the minutes of May 17th, seconded by Commissioner O'Reilly VOTE: Motion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a Preliminary Plat PZ88-4: Dena Ina Point Estates Add N1 Mr. Sam McLane, representative for the developer Royce Roberts spoke. Mr. McLane explained that the plat is the same as presented at the special meeting. Additional notes on the plat PLANNING & ZONING COMMISSION May 25, 1988 Page 2 are for not cutting of trees or vegetation in the screening easements and buffer zone. "he terminology has been changed in regards the screening easement in the ROW, because you can't - really have an easement on top of a ROW, so its called a screening buffer zone on the plat. Commissioner Nault asked for clarification of the new road system, Mr. McLane explained. Planning Specialist Loper asked the, intended lot size within the residential section, Mr. McLane answered that the minimum lot size allowable in the RS zone is 601,*however, anyone who would plat bluff property down to that width would detract from the value in my opinion. Chairman Smalley asked for clarification of which tracts will be the residential, answer from Mr. McLane tracts 6 and 7. The Commission next discussed drainage and easements on the east aide. The Commission voiced concern for the delineation of zoning in its final phase. While not usually done, the Commission requested the zoning reference to which tracts are commercial and which are residential be put on the plat. Mr. McLane made reference to the Land Use Plan, advising the Commissioners that this document also needed changing to conform to the zoning change at the time of filing. Commissioner Bryson stated that the developer is going to have to decide also, which Suburban Residential zone he wants to have, we have three RS zones. The commitment they had made initially was that generally this area would remain residential. Mr. McLane stated that the same lot characteristics, some zone, etc. as the entire Dena'Ina Point Estates. Commissioner Bryson answered that it is the most restrictive of the three residential zones, I believe, small lots. Mr. McLane asked for clarification of the three suburban zones. The Commission answered by showing Mr. McLane the chart in the code. Commissioner Church asked what the decision was to be this evening, answer from Planning Specialist Loper, review and recommend on the preliminary plat. Commissioner Church asked where it goes from this meeting, answer to the Borough Planning Commission. Chairman Smalley asked if the City would have a chance to look it over again, answer no, not unless specifically requested. Commissioner Bryson asked if the City were a Board of Adjustment, Mr. McLane read the Borough Subdivision Ordinance which indicates that it is not in this case. MOTION: Commissioner Bryson: I moved for approval of.Dena_Ina Point Estates Addition #1 in accordance with administrative recommendation, also I would request that the plat should be submitted to the City Council for ratification and approval and t. i 111I` Ci I 17, PLANNING & ZONING COMMISSION May 25, 1988 Page 3 also that Tract 6 and 7 are to remain in RS zone in accordance with submitted development plan, seconded by Commissioner O'Reilly. The Commission discussed further verbiage. Commissioner Bryson asked if this is pretty much in accordance with what you feel is workable, answer from Mr. McLane yes, the note will be put on the plat regarding the zoning and according to the engineer's comments. MOTION AMENDMENT: Commissioner Bryson, with consent of second I would like to include the planning staff comments which run somewhat counter to my statement, i.e., the reference regarding the zoning, please exclude and incorporating only the City Engineer's comments, second approved. VOTE: Motion passed unanimously. b Preliminary Plat PZ88-5: Spur S/D N8 Mr. McLane is the surveyor for this parcel also and explained that he was working in conjunction with Carmen Gintoli on the congregate housing project and was originally lot 1. The rebar was set and all the field work done, however, Carmen and some of the seniors realized that ground to the east was available and after reviewing the overall budget, they found they were able to plat both lots. MOTION: Commissioner Bryson moved approval as submitted, seconded by Commissioner Church VOTE: Motion passed unanimously C. Preliminary Plat PZ88-6: Golden North Estates tit Planning Specialist Loper explained that the revised plat submitted this evening shows the existing building under construction. The plat came about as the result of the building being constructed across the panhandle to the rear lot. The replatting removes the lot line by shifting the panhandle from the northern side to the southern side. There are sufficient setbacks from all sides according to the surveyor. MOTION: Commissioner_ Bryson- moved approval as submitted in accordance with staff comments, seconded by Commissioner Church. VOTE: Motion passed unanimously V r PLANNING & ZONING COMMISSION May 25, 1988 Page 4 S. PLANNING Planning Specialist Loper stated that the Building Inspector, Howard Hackney noticed that there were no provisions in the tables for the new zone and asked that the Review Board take a look at it, draft some revisions to that portion of the code and pass it on to you. The Review -Board met Tuesday evening and will hold another meeting May 31st. You will be getting those revisions shortly after that. 9. REPORTS a. City Council None b. Borough Planning None, Commissioner Bryson was absent for the last meeting and will be absent for the next meeting. Chairman Smalley asked for a representative, there were none. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda 12. COMMISSION COMMENTS & QUESTIONS Chairman Smalley asked what is the outcome of the floating docks in Beaver Creek, answer there was a memo in the packet a couple meetings ago stating that they were existing docks and were under review by the State agencies and had met all requirements. Chairman Smalley asked for a report on progress towards getting Swires upgraded, answer from Planning Specialist Loper, the Council has an ordinance under consideration at their next meeting a ro riatin money for the project. PH PP P 9 Commissioner Nault asked who takes care of the city campgrounds and -noted -they are - in -a sad shape-. Chairman Smalley answered that R. _ ... _ . ... ........._. _ .._ Parks & Rec takes care of parks and stated that that Commission is taking -a look at expanding the site and cleaning _it up. The Commission agreed it would be an ideal spot for either RV's or cleaned up for day use. j pr. .1. PLANNING & ZONING COMMISSION May 25, 1988 Page 5 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:27 P.M. Janet A. Loper Planning Specialist .I NWA CITY OF KENAI %% 0j MO RDAL00 KENAI, ALASKA Mitt TEMMON1 iq- MO MEMORANDUM TO: Mayor Williams and Council Members FROM: Chairman Wisniewski and Beautification Committee Memorial Park Committee DATE: June 1, 1988 SuBJECT: "Welcome to Kenai" Sign At their meeting of May 31, 1988, the Committee discussed the proposal for moving the current "Welcome to Kenai" sign and offerd the following motion: MOTION: committee Member sparks moved - "due to expenses and work involved with the present sign, the Committee requests that it be left as is", seconded by Committee Member Selby VOTE: Motion passed unanimously The Committee requested this motion be sent on to the Council. : nnet Loper, Planning Specialist Secretary to the Committee 3- } t. . 'd( AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 18, 1988 - 7t00 PM A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. 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 normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Min.) 1. Sylvia Johnson, Council on Aging - Expansion of Senior Center and Parking Area C. PUBLIC HEARINGS 1. ordinance 1257-88 - Amending Kenai Municipal Code, Title 1 - Increasing Amount of Time Acting City Attorney Must Serve Prior to Being Entitled to Minimum Salary for City Attorney 2. Ordinance 1258-88 - Amending Kenai Municipal Code, Title 23 - Addition of Deputy City Attorney 3. Ordinance 1259-88 - Increasing Rev/Appns - Library Donations - $1,700 4. Resolution 88-39 - Setting Percentage of Fair Market Value for Lease of City Lands 5. Resolution 88-40 - Awarding Project, Concrete for Fuel System & Repairs at Public Facilities - Mack Masonry - $8,060 6. *Application for New Liquor License - Katmai Motel ISSION/COMMITTEE REPORTS Council on Aging Airport Commission Economic Development Commission Harbor Commission Kenai Bicentennial Commission Library Commission Recreation Commission Planning & Zoning Commission Misc. Comm/Comm ITES *Regular Meeting, May 4, 1988 2ESPONDENCE_--- *National League of Cities - Newsletter *Larry Porter - Student Government Day BUSINESS j Section 36 - Rezoning and Vacation �T 2. Extension of Land Fill 3. Senior Center Work Shop H. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1260-88 - Amending Kenai Municipal Code, Title 23 - Allowing Council Discretion of Setting Salaries of Exempt Employees 4. *Ordinance 1261-88 - increasing Rev/Appns - Senior Day Care Donations - $926 S. *Ordinance 1262-88 - Increasing Rev/Appus - Senior Citizen Donations - $3,821 6. *Ordinance 1263-88 - Replacing Tables in Personnel Regulations 7. *Ordinance 1264-88 - Adopting Budget, 1988-89 S. *Ordinance 1265-88 - Increasing Rev/Appns - Runway/Taxiway Overlay - $66,000 9. *Games of Chance & Skill - Kenai Peninsula Professional Mortgage Women 10. Discussion - Whitney Foods Lease Agreement, Deck Station N2 11. Discussion - Additional Funds - Recreation Dept. 1. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens 2. Council K. ADJOURNMENT 01 '�i �1 t `i 4: KENAI CITY COUNCIL - REGULAR MEETING - MINUTES MAY 18, 1988 - 7100 PM KENAI CITY HALL VICE MAYOR RAY MEASLES PRESIDING A. CALL TO ORDER Vice Mayor Measles called the meeting to order. A-1 Pledge of Allegiance A-2 Roll Call Present: Art McComsey, Rap Measles, Chris Monfor, Marj O'Reilly, Linda swarner, Tom Ackerly Absent: John Williams A-3 Agenda Approval a. Vice Mayor Measles asked that item B-2 (Marvin Dragseth - Pipeline) be added. b. Vice Mayor Measles asked that item B-3 (Steve Gregor, Last Frontier Ins. - City Insurance) be Added. c. Vice Mayor Measles asked that item B-4 (Andy Sarisky, Attorney - salaries) be added. d. Vice Mayor Measles asked that Substitute Res. 88-40, distributed this date be added to item C-5. e. Vice Mayor Measles explained that material for item 0-1 (Section 36 - Rezoning 4 Vacation) is being prepared for distribution this date. f. Vice Mayor Measles asked that item 0-2 (Extension of Land Fill) be deleted. g. Vice Mayor Measles noted packet of material distributed this date relating to agenda items, and asked that the seven Po's included in that Exceeding adde001.�der item H-2 (Requisitions NOTION: Councilman Ackerly moved, seconded by Councilman Macomsey, to approve the agenda as amended. Motion passed by unanimous consent. Vice Mayor Measles noted amendment to item C-3 (Ord. 1259-88), distributed this date, will be brought forward as a substitute, not an amendment. A-4 Consent Agenda MOTION* Councilman Ackerly moved, seconded by Councilwoman Monfor, to approve the Consent Agenda as submiaod. Motion passed by unanimous consent. B. SCHEDULED PUBLIC COMMENT B-1 Sylvia Johnson, Council on Aging - Expansion of Senior Center 6 Parking Area Sylvia Johnson, President -Council on Aging, Box 152, Kenai. She distributed a chart showing--the-growth of the Senior Center in the last S years in number of meals served per day. About 6S people per day attend the Center. They had to send out for meals for the r KENAI CITY COUNCIL MAY Is, 1988 PACE 2 Director and Assistant Director this date. There were cars parked in the ditches this date, it is common in the summer. The dining room and lounge are at capacity. Regarding the wood shop. If Council approved the closure, they would like to convert it to another lounge and small meeting room. It could be used by many more seniors. She distributed a sheet showing Kenai compared to other cantors in the State. We are 4th, behind Anchorage and Southeast (there are many centers under one umbrella in southeast). The lower Kuskokwim is 3rd, they are also satellite centers. we serve an area of 30-40 miles. Betty warren, Vice President - Council on Aging, Box 116, Kenai. We have people from Seward that come once a month, people from Cooper Landing and Nikiski. Mrs. Johnson added, they are asking that the expansion be listed on the City Capital Improvements List. 8-2 Marvin Drageeth, Royal Pacific Fisheries, Pipeline. Mr. Dragaeth introduced Jim Kross of Environmental Services. He noted Royal Pacific employs 600 peoplo in the summer, 12-14 year round. Jim Kross, Environmental Services, Anch. The pipeline will be to discharge waste water to the Kenai River. They have had a system for liquid waste to a subsurface disposal system. The plant has outlived its usefulness for this system. They want a high density plastic ' pipeline to follow the highway. It has been approved by Alaska DEC. It has all necessary permits from DOT for State right of way. They have a permit from EPA for disposal in the river. They only need approval from the City to use the right of way for the pipeline. It is similar to the one for the State and others. In Dutch Harbor they transport a great distance to the ocean. They all use the same system as this. It is the only legal way to do it. There are no adverse effects. it is buried, over four feet deep. It is used primarily in summer, it will be drained in winter. It will be 4 in. pipe, the walls will be 1/2 in. thick. Councilman Ackerly noted, there is corridor for utilities, will that fit with these? Mr. Kross replied yes, they will locate so they will not Interfere with existing ones. It will be separate from other water supplies. Councilwoman O'Reilly asked, if there is an accident, is the City hold harmless? Mr. Kross replied, they can do that. They have a letter from the company attorney regarding this. it is the only access to the river. They will have to cross the City street no matter what way they go. Councilwoman O'Reilly asked, is there any cost to the City? Mr. Kross replied no, they will pay for the permit. All expenses are paid by the company. Atty. Rogers said this is the first time he has seen the letter. He has a memo in the packet (item 1-3). What is the proposed duration? Mr. Kross replied, it is undetermined. They ^ould limit to a reasonable time frame. They have no �1 0 other access to the river or a sewer treatment plant. It is not typical for fish waste to be treated. There is one In Palmer, one in Seward. Atty. Rogers asked 1f they had alternatives previously. Mr. Kross replied, t they allowed a ground disposal system previously. It is limited in volume. They have a permit and can use the facility, but it limits operation of the plant. It has been needed for several years. Atty. Rogers asked i _ I t 1.. t S KENAI CITY COUNCIL MAY 18, 1988 PAGE 3 if they were a certificated company. Answer - no. Atty. Rogers asked, how many lots are involved. Mr. Kress replied, not more than S. They are crossing some private property. They have purchased one easement. Atty. Rogers noted the City has had other requests for use of public right of way, none has boon granted. Councilwoman Swarner asked if all the residents of Pirate Lane had been notified of this. A representative from Royal Pacific replied, not to his knowledge. There will be two detours for lose than one day. It has boon submitted to the City. Mr. Kress added, in the course of this type of construction, it is not common to notify residents. They are asking for a decision this date. The fishing season is upon them. The pipe is here. They have a limited time to get ready. This is normal use. It is a private company, but not certificated. Councilman Ackerly asked Public Works Director Kornelis if he had any problems. Mr. Kornelis replied no, they only require an excavation permit and construction requirements. Councilman McComsey asked if they could have a hold -harmless agreement. Atty. Rogers replied yes, and a durational limit. Mr. Kress said they would be happy to provide. The document he distributed states that. With renewable periods in the time frame, it would be appropriate. Atty. Rogers said he understood their desire to amortize but he would insist on unilateral revocation by the City. Mr. Kress said that would put the company in a bind. The conditions are based on access to the pipeline. The State will not allow them to discharge in the old way. If they could not use the anpagreementethatuld wouldve to close allow them to maintainsked for use subject to continued operation of the system that is in compliance with the State and Federal permits► that would rasolve part of it. The limit would be a hardship. )MMENTs Ron Sutcliffe, 2710 VIP, Kenai. The pipe on Kalifornsky Beach is not plastic. They are welded. Mr. Kress replied, that is conductor under driveways on Kalifornsky Beach. State law requires this. V. Rogers noted this is precedent setting. An ration outside the City will pipe into the City. ncilwoman O'Reilly asked if there was another Lon. Mr. Kress replied, their only alternative is truck from there to Kenai River adjacent to amatof. The cost and inconvenience would limit it operation. Councilwoman Monfor noted, when they ck waste water, it would be bad if there was an ident. scilman Ackerly moved, seconded by Councilman omsey, that the city enter into a legal agreement :h Royal Pacific Fisheries to be drawn up by the City Kenai, concerning the proper -installation of a waste 1posal line to the Kenai River for a period of five krs with renewal options, and to include proper right way and placements, and hold harmless. sncilwoman Monfor said she had no problem with the is year period, will that prevent them from getting ste okay? Mr. Kross replied, that would depend on J f KENAI CITY COUNCIL MAY 18, 1968 PAGE 4 City stipulations. Atty. Rogers said he would circulate the agreement to the Council before the next meeting. Vice Mayor Measles noted this could delay the project. It would suffice for council to give direction to Administration. Council agreed with the recommendation of Vice Mayor Measles. VOTEt Motion passed unanimously by roll call vote. B-3 Steve Gregor, Last Frontier Ins. - City Insurance Steve Gregor, Broker, Last Frontier Ins., 10543 spur, Kenai. On May 1, 1985 he received a hand out from the City asking if he wanted to bid on the City insurance. Another broker was selected. That would make it this year that a broker selection would be due. He called people in the City a few months ago and was informed there would be no change in insurance. He employs 13-14 people in Kenai and is the largest in the nation with Corroon & Black. why can't he compete? Councilwoman Kantor said she was under the impression we were going to open up for bid. Atty. Rogers replied they are a professional service. We could request proposals. He is not aware of the situation, we could discuss it with City Manager Brighton. Councilwoman Kantor said Council said to go out for proposals at a work session. Mr. Gregor said the problem is, there are two ways to handle, one is to have an exclusive broker. Are all companies being approached by one broker? He did not think they were. The City should exercise all options. There is only six weeks till insurance is renewed. That is a short time for obtaining quotes. Does Council want us to just approach those Walters & Olson did not approach or go to all? Atty. Rogers said it is not a bidding situation, there are other considerations. Mr. Gregor said the original stipulation was it would not be put out. Should he wait till Council talks to Mr. Brown? He will got the same thing. Atty. Rogers asked if he was asking Council to countermand Mr. Brown. Answer - i f id h i r ae aom an W N yes. Counc iwoman Mon or sa t e nsu an p y says they can save the City $20,000 to $40,000. Mr. Gregor explained, it is possible. He will not know, but the City should find out. Councilwoman O'Reilly suggested a memo from Finance Director Brown outlining the procedure we do now, how the broker is selected, etc., before the next meeting. Council agreed to the suggestion. 11I 8-4 Andy Sarisky, Atty. - Salaries 1 Andy Sarieky, Kenai. He did not know the salaries would be discussed at the May 4 meeting. It was the last item of (new business) at the meeting. He has a suggestion. The file shows three years ago when the contract came up, he wrote a letter questioning this. ; The- Charter -is very clear. -The -City Manager- and City Attorney are appointed and serve at the pleasure of the Council. it came up once before. By gutting the salaries for exempt employees; you -will create it all :- over again. You have controls in existence that have been generated with a secret session. We read in the papers of a contradiction in contracts. He has provided Council with relative material - contracts, } yqy i h'' k a t i� ri t, E o . . r- KENAI CITY COUNCIL MAY Is, 1986 PAGE 5 ordinance with salary schedule for exempt employees, minutes of meetings regarding the severance matter in the contracts, and two letters from him. They are contradictory. Mayor williams had said the contracts do not talk about people quitting and getting severance pay upon discharge. Councilman Ackorly stated on May 4, f20,000 was already earned. These are contracts that speak for themselves. He supplied material, he can do no more. He speaks as a public tax payer regarding the give away of severance pay that was not earned. If you have i50,000 to play with, give it to the employees. He suggested getting an opinion from an independent municipal lawyer and an opinion regarding future. The salary sr rpelating to contracts should bevset forth oid this ibythe ordinance. It is disconcerting to look at minutes of meetings regarding severance pay. Councilwoman Monfor had said when the attorney negotiated for three years he asked for three months salary if he stayed for the third year, if he stays on, he will not receive it. City Manager Brighton had said he was not looking for severance pay at the end of the contract, only if he was terminated. The contract is not permitted in the Charter, the City has no rights by the contract. The courts cannot force them to work if they quit. The ordinance said we would go to salary schedule at the end of the contract. The ordinance says the City Manager should receive $75,000, the City Attorney $70,000. Now you are going back and filling in the cracks after a secret meeting. The City needs a determination of their contracts and an opinion of the Charter. If you have this ordinance, the effect of your ordinance is you are now increasing the salaries of the City Attorney to Slo5,000 and the City Manager to $108,000. C. PUBLIC HEARINGS C-1 Ord. 1257-88 - Amend. KMC Title 1 - Increas. Amount of Time Acting City Attorney Must Serve Prior to Being Entitled to Minimum salary for City Attorney MOTIONS Councilwoman Mentor moved, seconded by Councilwoman toilly, to adopt the ordinance. )re was no public comment. Lion passed unanimously by roll tali vote. 3. 1258-88 - Amend. KMC Title 23 - Addition of Deputy ty Attorney unciiwoman Mentor moved, seconded by Councilwoman arner, to adopt the ordinance. are was no public comment. ition passed unanimously by roil call vote. �d. 1259-88 - Increas. Rev/Appns - Library Donations - .,700 t KENAI CITY COUNCIL MAY 18, 1988 ' BAdE 6 Councilwoman Swarner moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. f MOTION, Amendments I councilwoman Swarner moved, seconded by Councilwoman Monfor, to amend the ordinance to the corrected amounts as distributed this date in the substitute ordinance. VOTE, Amendments ` Motion passed by unanimous consent. VOTE, Main Motion as Amendeds f " Motion passed unanimously by roll call vote. I . C-4 Res. 88-39 - Setting Percentage of Fair Market Value for Lease of City Lando MOTIONS i I Councilwoman Monfor moved, seconded by Councilwoman f Swarner, to adopt the resolution. j There was no public comment. Councilwoman Swarner asked if she had a conflict. Atty. Rogers replied no. ` Motion passed by unanimous consent. C-5 Res. 68-40 - Awarding Project, Concrete for Fuel System b Repairs at Public Facilities - Mack Masonry •• $8,060 MOTION i Councilwoman Monfor moved, seconded by Councilman Mccomsey, to approve the substitute resolution for .r $10,060. There was no public comment. Motion passed by unanimous consent. ti C-6 Application for Now Liquor License - Katmai Motel 1 Vice Mayor Measles noted the State refers to a new l license, the Borough to a renewal. Clerk Ruotsala I replied, it is a new application. Approved by Consent Agenda. y l D. COMMISSION/COMMITTEE REPORTS D-1 Council on Aging None D-2 Airport Commission Councilwoman O'Reilly noted the commission -needs -three - -� -- - -- - now members. Clerk Ruotsala replied the Mayor has �D scheduled this for the June 1 meeting. D-3 Economic Development Commission i 6Z � Y rI ^— ram. !: ;(�•� ' i _. KENAI CITY COUNCIL � MAY 1s, 1988 PAGE 7 =A . None 0-4 Harbor Commission Harbor Commission Chairman Quesnel reported.". a. He attended a visitors forum -at the sports Center " last Friday. They were addressed by Federal and state people. They are all looking forward to a ! large increase in the number of tourists this year. There will be 48 tour ships to Alaska, not i ' all will come here. The National Park service will be spending much money on Exit Glacier and Kenai Fiords. Not all tourists can be accommodated in Anchorage, they hope some will be - - - coming down here. What does Kenai have to offer - to bring tourists here? He asked the Clerk, whom does he address his remarks to? We do not have a _ commission regarding this. He left it to Council. b. The Alaska Dept. of Fish & Game has new funding for plans for access to the river. If we make an application we might get funds to up -grade Cunningham Pk. He spoke to Public Works Director Kornelis, he will pick up on it. a. The marine dock is looking good. D-5 Kenai Bicentennial Commission A. None - D-6 Library Commission Councilwoman Monfor asked Library Commission Member Brenckle to report on the law library. I Commissioner Brenckle, 502 Hemlock, KenaiThey have formed a sub -committee to review the feasibility of a law library being housed in the community library. It will consist of Jeff Jefferson & Chris Schmidt "'. (attorneye), Ethyl Clausen & Emily DeForest (librarians), Shannon Turner & Robin Turnbull (court system), and Chris Malone & Gus Rodeo (general public). She will have a report for the November meeting. They will meet once a month. D-7 Recreation Commission l Councilwoman Monfor noted the municipal park that was to be a camper park. When will the City be in to spruce it up? Recreation Director McGillivray explained, he has only three people working for him. Little League and softball started early. He will get " to it as soon as he can. Councilwoman Monfor noted Council made it a priority this year. Recreation Director McGillivray said they have been making trash runs. " Councilwoman Monfor noted three-wheelers have torn up }i the Beaver Creek Pk. road. Mr. McGillivray said the street dept. was to up -grade this date. The State took -. the sand off the sidewalks and put it on the streets. - D-6 Woo. Comm/Comm None E. MINUTES 5 C t 4� t KENAI CITY COUNCIL MAY 18, 1988 PAGE B E-1 Regular Meeting, May 4, 1988 Approved by Consent Agenda. F. CORRESPONDENCE F-1 Natl. League of Cities - Newsletter F-2 Larry Porter - Student Government Day Approved by Consent Agenda. O. OLD BUSINESS 0-1 Section 36 - Rezoning & Vacation Council reviewed the minutes of the P&Z special meeting of May 17, 1988, distributed this date. Vice Mayor Measles said the Borough gave us till the morning of May 19 to make a protest. MOTION: Councilwoman O'Reilly moved, seconded by Councilwoman Swarner, that Council, on advise of P&Z, veto the vacation plan. PUBLIC COMMENT: a. Sam McLane - McLane & Assoc., Representing Royce Roberts - Owner. The vacation was submitted March 8 to the Borough. Public notices were March 31 and April 7. Certified mail notices were sent to :- adjoining land owners. The public hearing was April 18. There wore no objections at the meeting or by mail. Sufficient rights of way were shown. it passed unanimously. The municipality has 30 days to object. The City P&2 met April 27 to consider this vacation or opportunity to object to the Borough. The owners and firm— not notified. He received a copy of the minutes May 17. There was a lot of confusion regarding the vacation plat, where screenings were, etc. The chairman wanted someone to be there. It was postponed and a joint work session was held May 11. It was scheduled May S. In the April 27 minutes it said the material was to be gathered. The firm and owner were not notified. He received a call from Planning Socy. Loper 9:00 AN, May 12 regarding the meeting previously held and the special meeting of May 11. He said he would contact the owner. He had a ton minutes discussion on the phone, Mr. Roberts was leaving the State. Mr. Roberts requested he go the the meeting and have Atty. Rick Baldwin present. At the meeting he answered questions as best he could. He could not discuss the amendment of June 3. Before he could file the final plat they had to vacate the right of way. They prepared a vacation plat. The easement on the original plate were shown. The new roads do not ovorlap the road rightofway._. On the vacation.plat, the new _ screen easements are shown. The amount of screening easement is 1970 ft. The new amount of screening easement dedicated is 2344 ft., adding - 357 ft. of screening easement. There was quite a bit of confusion regarding what was commercial and what residential. Those dedications are on the land use map. The June 3 meeting and passing of the ordinance approving the zoning amendment based KENAI CITY COUNCIL MAY 18, 1988 PAGE 9 b. i f t on filing of final plat went to the Borough. At the time of filing the land use map carries zones. The vacation map was reviewed, they did not know what was residential and what commercial. It was the game as last year with P&Z and Council. Some commission members thought we were making a change, but it ie. duplicate. He came to last night's meeting. Planning Soay Loper said there was concern regarding screening easements. That was addressed April 1987 and was included in P&Z and Council packets. The easement on the highway would be vacated. Some thought a mistake was made last year when the ordinance was Passed. He cannot address that. The vote was 4-3 on P&Z, Council was 5-1. There were no adverse comments on three public hearings or in the Borough public hearings. He feels that if the zoning amendment is what they are trying to overturn, then the ordinance should be addressed through standard public procedures. The zoning amendment was passed based on final filing of the plat. Blaine Gilman, Atty- Rick Baldwin's office, Kenai. Section 1 of the ordinance adopted June 3, 1987 says, "Subject property consisting of those lands depicted in Exhibits A described as Trf.ats D-1 through D-7, Dena'Ina Pt. Estates are hereby rezoned to General Commercial at the time of filing a final plat which will ber utlined as in zoned general Exhibit B, Concept Map"- It Was commercial upon filing of final plat. P&Z met May 17. The focus of the issue was lost, the commission was to consider if rights of way and easements should be vacated. This was decided by Council June 3, 1987. Conversation at the meeting was whether this should be reconsidered and be residential. Thet is not within the scope of P&Z power to consider. It is a question for the body, it is not an appropriate question for vacation proceedings. vice Mayor Measles had explained the action of the commission as there was possibly among the body a movement to rezone or reconsider the ordinance. He was afraid if they did not act tonight it would be automatically adopted by the Borough. That is inappropriate use of the process. If you are going to make a decision to overturn an ordinance, that is what you should have in front of you. It should not be in the guise of vacation easement or right of way. Royce Roberts has gone through all procedures at the Borough, the integrity of the system requires putting the cards on the table. If you want to rescind an ordinance it should be done properly with more than two days notice. The owner does not have vested rights with the ordinance. it is subject to rezoning, but there are procedures to follow. He requested Council go against the recommendation of the commission. What will happen if you go along with P&Z? The Borough oneiyear. nance sifsyouswantemoreatiot me to scome ee that was the right decision, -you could delay one year. That is not a good result. The client came in 1987 for public hearing. P&Z and Council approved. The ordinance would take effect on filing of final plat. incilman Ackerly said he would vote against the veto. is not in favor of expansion but there must be some her way to handle it. If we let this continue there 7 71 KENAI CITY COUNCIL I ! i MAY 18, 1968 - PAGE 10 is some vested rights by allowing it to occur. There is property available in the business district. The owner does not have any of that property. We are going in the wrong direction. Councilwoman O'Reilly said her problem is not with the vacation but with the rezoning. What part the veto would play in the scenario, Atty. Rogers should state. Atty. Rogers said recent supreme court cases have been finding taking by zoning. if there aren't already vested rights, there could be detrimental reliance as a result of vacation. y Regarding appropriate proceedings. That may be true as r•,i °1 utilizing denial of vacation of easement as a means to accomplish that would preclude the applicant from proceeding and further rely on the ordinances as they exist. You would diminish that reliance. Recent cases from around the country say that for you to zone an j area more restrictive can be condemning in effect. It is restricting powers of municipalities and zoning because it does affect values of property- if it is Council desire to disallow the request for vacation because you will later change the ordinance, then do 1 not allow the vacation. VOTE (Failed): i Yes: Measles, O'Reilly, Swarner Noe McComeey, Monfor, Ackerly Vice Mayor Measles said the easement will be vacated Thursday at 9:00 AN. 0-3 Senior Center work Shop Councilwoman Monfor said Council has had a vote. The majority ruled to close. is the work shop closed? I Program Director Porter replied yes. Councilwoman Monfor asked if it was by City Manager Brighton's orders. Answer - yes. f MOTION: I Councilwoman Monfor moved, seconded by Councilwoman Swarner, to close the senior center work shop i permanently. Motion passed by unanimous consent. H. NEW BUSINESS E H-1 Bills to be Paid, Bills to be Ratified MOTION: i Councilman Ackerly moved, seconded by Councilman Mccomaey, to pay the bills. Motion passed by unanimous consent. j I I, H-2 Requisitions Exceeding $1,000 MOTION: - Councilman Ackerly moved, seconded by Councilman McComeey,-to pay -the -requisitions and add the seven items given to us early this evening. Councilwoman Swarner asked, what are Westlaw charges? Atty. Rogers replied, the computer on-line time, the JF f. r' KENAI CITY COUNCIL MAY 18, 1988 PAGE 13 computer research used in briefing. Most was for utility relocations that we filed some time ago. Motion passed by unanimous consent. H-3 Ord. 1260-88 - Amend. KMC Title 23 - Allowing Council Discretion of Setting Salaries of Exempt Employees H-d Ord. 1261-88 - Increas. Rev/Appns - Senior Day Care Donations - $926 H-5 Ord. 1262-88 - Increas. Rev/Appns - Senior Citisen Donations - $3,821 H-6 Ord. 1263-88 - Replacing Tables in Personnel Regulations H-7 Ord. 1264-88 - Adopting Budget, 1988-89 H-8 Ord. 1265-88 - Increas. Rev/Appne - Runway/Taxiway Overlay - $66,000 H-9 Games of Chance & Skill - Kenai Peninsula Professional Mortgage Women Approved by Consent Agenda. H-10 Disc. - Whitney Foods Lease Agreement, Dock Station M2 Public Works Director Kornelis explained, Whitney Foods would like to waive the requirement for individuals to sign the contract agreement. They are the 5th or 9th largest seafood processor. They have sent the first payment, by July 1 we will have the majority of the money and have minimum basic bid by July 15. MOTIONS Councilman Ackerly moved, seconded by Councilman McComsoy, that the City waive requirements to Whitney Foods only in relation to their dock lease in Station 02 in 1988. Motion passed by unanimous consent. H-11 Disc. - Additional Funds - Recreation Dept. Recreation Director McGillivray reviewed the memo and added, there is money available in contingency. Accountant Parnell added, Finance Director Brown had no problem. Councilwoman Swarner noted they had to keep a --son late in the Fali. Mr. McGillivray replied, that i one of the areas (of cost). Councilwoman Swarner and if he budgeted additional for next year. Mr. Iiilivray replied yes, they have softball every other rk this year (a total of nine). Last year they had ". Councilwoman Swarner said as of Jan., the income i not as lucrative as projected. is there any change l has he come up with any ideas. Mr. McGillivray died no, he suspects it is because of the economy. Lneilwoman Swarner suggested he decrease the rates. key l v d seconded by Councilwoman tncilman Aa r mo e , teilly, to approve $8,000 for salaries to cover June 38 in Parke & Recreation budget, money is available contingency. --- Lion passed by unanimous consent. j MINISTRATION REPORTS yor i r— KENAI CITY COUNCIL MAY 18, 1988 PAGE 12 Vice Mayor Mea910B said when Mayor Williams and City sMessi n to discuss iscushten seOrd, 1260-88he ill andask otherrmatters the ordinato nae.exThey could amend He has the next with meeting. Council agreed to the request. Vice Mayor Measles said Mayor Williams could set the date. I-2 City Manager None 1-3 Attorney Atty. Rogers spoke. a. The legislative session was as reported by the AncheXceptLan to stataement that rage rwe got the kshaft. other the communities got hurt more. That which we Bought is what we got. He will have a report from Lobbyist Ashley Reed. b. TheTheY ersonneleclaim litigation is on the docket. have c. May Western.Marine lamendatoon was anothernpartyFederal Court j2Memo to Economic Development Commission regarding r Annexation of Wildwood (item 1-3). He and Finance Director Brown made presentations to them. e. An evict o notice is in the packet for Kenai j� AviatiotJ�' item I-3) . 4y4 /�~f. memo regarding item 3)agseth request for pipeline is in pack I-4 city clerk k Ruotsala spoke. Kenai Borough notice of objection to renewal of liquor license for The Rig is in the packet (item I-4). 20etooiAppreciation Reception will be May aMeritnn.Somofthevluntershve suggested the date be moved up to accommodate the M ■1 fishermen. The invitation to the Eagle scout ceremonies for Howard Book was distributed. It will be the same night as the Volunteer Reception. He built the + shelter at the senior Citizens Center as an Eagle project. } ante Director e ,lie Works Director ilia -works Director Kornolis_spoke. t The bid for Cohoe is out. They are setting the date for the Swires work. The float plane basin is under construction. The dock is operating full bore. We are selling more fuel than anticipated. Li f- KENAI CITY COUNCIL MAY 18 1988 PAGE I e. The new cranes will be in Monday. They will be installed in-house. f. He advertised for a dock hand to pump fuel, operate the crane and forklift. At range 1, $5.50 per hr. They have been advertising and have 12 applicants. He will be handling cash. Mr. Kornelis has talked to City Manager Brighton, he may come baok to Council. He is finding it hard to find a person. g. Councilman Ackeriy asked if the gas price was correct (as discussed May 4). Mr. Kornelis replied there is additional tax. We got the price from the company, Vice Mayor Measles had said that was wrong. We have set the cost for diesel and gas, $1.16 per gallon for both. There is a marine state tax. There is a possibility some people can go back to the Federal govt. for rebate. b.(contd) Councilman Ackerly asked about Swires. He still has strong feelings that the Borough should share in the project. They are sharing on Knight Dr. in Soldotna. we should ask one more time. Mr. Kornelis noted the last time we asked it was a different mayor. h. Councilman McComsey asked if we were going to enlarge the senior citizens parking lot in-house. Mr. Kornelis replied yes, we did last time. we are trying to got the dock done first and we have people out. we will do this summer. 1-7 Airport Manager Airport Manager Ernst spoke. a. The RFP (for overlay 8 taxiway A&B, phase 2 overlay taxiway C design) has been sent out, four wen* out, he expects two to respond. b. He has taken possession of a mounted wolverine. Ti, was at the Sporte Center, donated to the City. We are building a base for it. We have three spaces for fish hauls and maybe one more spoken for. The float plane basin is coming along. Councilwoman Swarner asked if the airport was responsible for the sidewalks at the and of the runway by the gate and the cemetery. one has risen after construction of the runway. Public Works Director Kornelis replied he will check on it. Councilwoman Swarner said there is gravel on the sidewalk by the CAP driveway. Vice Mayor Measles asked if there was an indication from the Air Force that they would not bring the jets down -if there was gravel there. Mr. Ernst replied he would assume they would not. Vice Mayor Measles said one landed there recently, a full stop landing. CUSSION izens Program Director Porter. They were too busy to have lunch at the senior center today. That -is why they sent out for food. (item B-1). Regarding expansion of the senior center. Some times there are not many people there. Between i i MAI CITY COUNCIL MAY 18, 1988 PAGE 14 10s00 and 2s00 it is packed. They need expansion very badly. There is not enough room in the lounge. They have people waiting to play Pool. The card rooms and dining rooms are full. The demand r$325estimated ,000, from figures fromBillcostwould be iKluge.650 feed Counciltic oon Agingion to is askingkfortan appropriation. b. Carmen Gintoli, Architect, 117 Deepwood Ct., Kenai. He is leaving town. Council has been very supportive of him, but this is financial. The majority of his work is public. He is closing the offTheireas neisabecauseted a of famiilytJ on in there. PHerthanks Council for their support in the past. J-2 Council a. Councilman Ackerly said be is disappointed in the legislative session. He is shocked at the numbers. b. Councilman Ackerly said we have three parents who are City employees wd Rick ith children graduatings Val joneePat Porter c. e. Councilwoman Nonfat an, said the videos of the City are at the library. ` d. Councilman MaComsey said he was talking to Gary Poster. He would like to get the feeling from Council to see if he should continue to make a camper park without a boat ramp or what. He would j like a work session. e. Councilwoman Swarner noted the Fred Meyer article. Is there any word about their intent? Answer no. Councilwoman Swarner asked if they were current in their lease. Answer - yes. K. ADJOUR MENT Meeting adjourned at 9s50 PM. /J�an=etRuotsala ... M :y e tunbra rtmeo Alaska's Oldest Statewide Newspaper Ilex M NNM paopW$ Hemnpe—Oae Hens Hannah Our Land Speaks—Un"paq TonulMup The AWS Speak UI IUA mok Inhttminp and ReporUnp Yell HingNdll The Way Eskimos Talk May 24, 1988 19 21LI- Hon. John J. Williams Mayor city of Kenai 210 F ida lgo Kenai, AK 99611 Dear Mayor Williams: Hope you enjoyed yourself in Tennessee as much as I did. It was quite a trip. Thanks for the Kenai pin and the honorary citizenship. You made a lot of friends on the trip for yourself and your city. Please keep us in mind whenever you have some news you would like to share with our readers. .n . Sincerely yours, e--OA6, CA o► . Barbara Crane C' e- -- �'D C- 5 — '.! Ste. orage, Alaska 99510.4460 • 274-2512 L E7 mi it STEVE CO r DRIOT. OF CON131UNITT A REGIONAL AFFAIRS % MUNICIPAL & REGIONAL ASSISTANCE DIVISION ' 0 0/0 E. Mth AVENUE. SUM 400 U P.O. BOX 30 o P.O. BOX 10041 O 1614 C ISHMAN STREET. ROOM 910 ANCHORAGE; ALASKA 000084= BETHEE. ALASKA 0055MM DILLINONAM, ALASKA 00670.1041 FAIRBANKS, ALASKA 007014280 PHONE: (007) 0014M PHONE: (007) 54M76 PHONE: (007) 842.5136 PHONE: (907)152.7126 D P.O. BOX ON a "0 MILL BAY RD. a P.O BOX 360 O P.O BOX 41 JUNEAU. ALASKA M114110 KODIAK, ALASKA 09016 M KOrMUE. ALASKA 00752-M NOME, ALASKA 001624041 PHONE: (007) 406r750 PHONE: (007) 406.0730 PHONE: (007) 442.3690 PHONE: (007) 4I&6457 May 20, 1988 The Honorable John J. Williams Z A c. Mayor of Kenai 210 Fidalgo D�Q^�f Kenai, AK 99611 Dear Mayor Williams: s��2t•t&b�bZ' L RE: FY 89 STATE REVENUE SHARING PROGRAM - NOTICE OF ENTITLEMENT With this notice, the Department of Community and Regional Affairs is notifying your city of its final entitlement to state aid under the FY 89 State Revenue Sharing Program (AS 29.60). Listed below are the 7) amounts of payment your city is entitled to receive from the tax equalization account (AS 29.60.060), the miscellaneous services account (AS 29.60.170), and the hospital construction account (former AS a9.90.020). TAX EQUALIZATION ACCOUNT $218,211 MISCELLANEOUS SERVICES ACCOUNT 131,463 HOSPITAL CONSTRUCTION ACCOUNT -0- TOTAL FY 89 ENTITLEMENT $349� Your city may request the department to recalculate its entitlement to state aid under AS 29.60 if the applicant believes that a calculation error has been made. The request for recalculation must be in writing and must be received by the department within 10 days after receipt of this notice. This notice allows your municipality only to request a recalculation of its entitlement. This is not an opportunity to appeal any of the data elements that were used in the calculation process. The department will mail the final payments under the FY 89 State Revenue Sharing Program to eligible applicants in July, 1988. This payment is conditioned upon receipt of your city's FY 89 approved budget (1988 for municipalities on a calendar fiscal year). should you have any questions, please call Hill Rolfzen of our -Juneau revenue sharing staff at 465-4733. ( Sincerel1y-, - at Poland Acting Director 21.P4LHcc: Jim Sanders, LGS, MRAD, Anchorage Tom Peterson, LGS, MRAD, Kodiak I L C- S'-a�t3`g8' 7 .J -,I C f f ( ( ( C t ( L I - �4n i eepp @ ee . - , 1 N � mfAm �g$ O10�OIOAtlO no,caNmo 1 om j € I 1 I , It ;t - w �ol� of >a >G»a > ( • � � � 1 � I I� i I • [,y I s� I 4 i� �� •�� I y _ 04�r°ti yl I oil MQ a�11 F t�1.!ui Wof . � � � .) � h .� ♦ , .I r C .7 i + •j II 1 •lli V iLJi..'. � "�IJ>_1 �.�.Y♦' � ii V .' � 0 P � � V � J V � � � � V } Y � Y M r LJ ;,t r is , I f PURCHASE ORDER PURCHASE ORDER CITY OF KENAI ITE • VENDOR )ENROD • ACCOUNTING 210 FIDALQO ST. PHONE 283.7538 ti..ARY • ACCOUNTING KENAI, ALASKA 88811 4LUE • SHIPPING &RECEIVIN BEEN • APPROVED COPY INK • REQUISITIONER VENDORNO. 1 REDOUBT PLU14NG & Ordered b , HEATING Data TO Contact Phone J �f J THIS PURCHASE ORDER NUMBER MUST APPEAR ON All PACKAGES AND PAPERS RELATING TO THIS FOUR. CHASE. No. OOfe 05/27/88 SHIP VIA: BY vfin VAN PREPAY SNIPPING • CHARGE Fos verououuon PURCHASES AUTHORIZED ONLY WHEN SIGNED ABOVE BY SEPARATE ON INVOICE THE FINANCE DIRECTOR OR HIS AUTHORIZED AGENT ITEMNO. OESCRINIONORARTICLE °ppE�p UNIT UNIT PRICE AMOUNT INSTALL FUEL PUMPS AND PIPING FOR $ $4,700.( CITY MAINTENANCE DEPT. INSTALL DISPENSERS & EMERGENCY VALVi3 INSTALL VENTS INSTALL DISTRIBUTION PIPING INCLUDES EXCAVATION EXCLUDES ELECTRICAL WIRING SETTING OF TANKS NOTE: SUPPLY & INSTALL EMERGENCY VALVE 1-1/2 X 24" FLEX CONNECTIONS WILL BE USED IN LIEU OF SWING JOINTS ALL UNDERGROUND PIPING WILL BE WRAPP D STATEMENT BELOW READ OR MAILED TO VENDOR. yI- is for all cost & freight to Kenai Freight for this PO is on PO N NO ADDITIONAL COSTS WILL BE PAID WITHOUT TOTAL AUTHORIZATION & NEW PO PRIOR TO DELIVERY. 4,700.01 X—R DEPARTMENT r011.32.45= $4, 700. 00 111744e7;Y7 v to /F f fly E? . i' i ,z f L I� 71 HIP _ nP ��NenN I us 10 i i 1 I i lull PPPI Ca�I • °� 1 � a� � i f I J � i .. 1 31 1 , of r 1 �WW I 1.1W WJ FZ t I I I I I .. -, _- - .x r'I � y-•li ' h �..�� ' � M 4 ���+�� •pl R � � i "'i y i u i • f y •Y � � V w Y � u N r O � � V � Y � Y M . � i w r �� i�� t r r � � r. r y r r r� r • • i f'► 1 .._. d t I. . r. 111� Fr i i a e. i #No 3 ! Suggested by: Administration City of Kenai ORDINANCE NO. 1266-88 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $823,000, IN THE SWIRES DRIVE AND LAWTON DRIVE 1986 STREET CAPITAL PROJECT. WHEREAS, the City has designed road, water, and sewer improvements on Swires Drive and Lawton Drive, and WHEREAS, the City wishes to proceed with construction, and grant monies are available to finance the project. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: Swires & Lawton 1988 Street Capital Protect Increase Estimated Revenues: 1988 Road Grant $700,000 1986 Road Grant $123,000 $823,000 Increase Appropriations: Administration $ 3,460 Inspection 80,620 Construction 672,000 Contingency 66,920 $823,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 1988. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: June 1, 1988 Second Reading: June 15, 1988 Effective Date: June 15 1988 Approved by Finance:- (5/25/88) jal L L } Suggested by: Finance i; CITY OF KENAI ' ORDINANCE 1267-86 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING KMC 27.25.010 TO PROVIDE FOR A NEW DATE OF APPLICATION OF PENALTY AND INTEREST ON DELINQUENT WATER AND SEWER BILLS. WHEREAS, the current City Code provides that penalty and interest should be applied to water and sewer bills if not paid by the 25th of the month, and WHEREAS, the volume of activity near the end of the month tends to ' delay issuance of utility bills, and WHEREAS, the City currently bills utility charges a month in arrears, - — allowing payment up to 25 days into the following month, and WHEREAS, the billing process would operate more efficiently by setting -. the delinquency date as of the 20th of the month to allow more timely ., distribution of utility bills. '. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KNC 17.25.010 is hereby amended as follows: 17.25.010 Penalty: Failure to pay a water and sewer bill -for services in full by the (25TH) 20th day of the month, following the (FIRST DAY OF EACH) month for which services are billed shall result in a penalty charge on the amount due. In addition to such penalty, interest shall . - be charged. Such penalty charge and interest shall be computed as ( specified in KHC 1.75.010. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of June, 1988. - JOHN J. WILLIAMS, MAYOR f. ATTEST: Janet Ruotsala, City Clerk i` First Reading: June 1, 1988 Second Reading: June 15, 1988 Effective Date: -July 15, 1988 -'-'- -- -- --- Approved by Finance: C 9Q (5/27/88) jal y i ill r— Alaska Department of Remus O Public soft* a Nbton ;,I w! h,60=3=84n1c'I JIIMW, Alaska Y�501 Dames of Chang and Contrite of Skill PERMIT APPLICATION _ i ' . RBElt: tZ0.00 due wtlh eppikeltorr /% of eMhe mt prosNda dw wNh Annud Finsnofat dtatemML �6'I D a ru7� - rtuNn.etneM•tnwtan•ara.wmanu�gtnusoo�aarbn, ry^�a '%� ?ti ��'�,• s I. NerMolOrgenlzallon 4A. NEW APPLICATION QeninsYlA Lgarning Resources, Inc. NumberolYears Organization p Has Ban In Existence In Alaska: 6 � :, r� w Milling Addnas 816 Cookyy , The following must be submitted with this a alit: ® CuaentAlaska membership list (must ha _, City. Otat%ZlpCod* 25 membomY. R Cartllled true copy of articles of Ineorporetloe or, It Oct Inoorporated, copy of bylaws and national and state Q. a of Organitatlon. (Cheek the approprlate box. Refer to 1S for definitions.) A8 05.15.2tO and AAC 105.010400 chanO Municipality O Police or Fire Department O Co of IRS cartillwte of lax exemption Issued to non- Copy of I O Civic of Service and Company organizations. It applicable rand lMailing Religious O R.Itgloua O Dog Mushers'Atsoclatlon Name Address o of Orgenizatton(it oppiloable) O Charitable Ct Pailtical O Fratemal O Nomprollt Trade Association (3 Educational ❑ Fishing Darby Association IB. RENEWALAPPLIMION O Volcano ❑Outboard Motor O Labor Assoclallon Most Year Permit NNumumber lewad The following must be submitted with this application: 3. Organized as: (Chock the approprlale box.) (3 Corporation O Association O Partnership O Current Aleakemembershiplist (must have atleast O Finn O Company 25members), O Copy of amendments to bylaws, If any. S. Local 011lcere(must be current, bons fide members In good standing) NAME TITLE DAYTIME PHONE NUMBER Betty Leonard Chairman 262-6476 lKP School Billie Hardy Vice- Chairman 262-9881 Jackie Russell Secretary 283-5888 S. Types of dames to be Conducted. 15 AAC 105.110-.150. List types of games by common name If other than those listed. Sa AS 05.15.180, AS 05.15.210, ❑ a. Bingo (NOTE: Bingo EXb► RafflesdLotteries O s. Dog MushoW Contests O h. RalnClaaelee gemesmust not more then g occasions beheld O o. Puil.tabs O f. Fieh Oerbles O 1. Other (Pleats Ilet) In a calendar with no more games eleo ameQ month then 35 O d. IoeClaealos Cl g. Contestsof skill or THE SPACE BELOW IS RESERVED FOR OEPARTMENTOF REVENUE USE ONLY. Dateof Receipt Permit Number Date of Issue• 1 a� Financial Sistemem: O Yes O No New O IT BE CONDUCTED UNTILTHE PERMIT 16 ISSUEQ Hs 71 1 ; - I I t, DEDICATION OF NET PROCEEDS The entire proceeds of the Dames shell be devoted to and 4I1butsed " In accordance tb AAC 106 280 Use of Dedicated Net Proeaeda aselstencs, chwitabt*functions and dinners for the Community, eta The qualifications to receive the charitable donations mull Include with a requirement that all members of the orpanlzatlon within the cam, (a) The dedicated net proceeds given to a quslillsd organization munity may quality and waive the asslalance, These payments may not be devoted to organizational parties, dirmwe Of bsnsfite, ptcnlcs, may not be used to pay any person for senlces.randered In connec• tion with the aetivllles from which the funds were derived. Detailed be kept fperiod or social functions limited to members and their lamlllee. lunless usg�ndinolire: ISCOWS of all disbursements, must These Mull beor records for alt kept with the other account of thalls their organization with the net proceedsof thrsa yssrs. a Disbursement$ tot the promotion of the welfare and wellbeing of the membership means that a member may recelve assistance In 1 used excluslwl for educallonal, Civic public, a rellglous pur l l Y poses (such as ht ipitals, churches, schools, government buildings, the form of vaMwe charitable donations, which haw been approved bytMorganlzatlontsboardofdlrectore.Charitablepro)octawhlchan or community centers); or (2) turned over to an appropriate nonprofit orpanlsetlon which as a laxexempt organization under the Internal Rewnus organization may sponsor Include education gents, training assistance or lob couneeling. food basW$, medical or hasith4afe qualifies Code, SscIIon 50l(Cx3), or to a local, stale or federal gowmmenl. j� 7. In the apace betowl stets the specific purposes for which the entire not proceeds are to be devoted and In whet manner: Proceeds will be used to continue operation of Peninsula Learning Resources, Inc. This includes volunteer training, materials and supplies, telephone and rent. It Estimated Yearly Orate Receipt$ $ 1,000 9 Person In charge of games (Must be a bona fide and active member of permifiss organization) NOTE: The member In charge shell be present during the conduct of each of the specified activities stated on the permll. An alternate may be designated to conduct the authorized activities during the absence of the member In charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Pdmary) Jackie Arteno 816 Cook Ave. Kenai, Ak 9961 283-3340 ("mail) Betty Leonard 270 Lupine Drive, Kenai Ak 99611 262-6476 it Has e4Mr parson listed In gA above ever been convicted of a felony or gambling misdemeanor? ❑ Yes No 11. Wfil either pawn listed In gA above reset" compensation of any kind from the recelpte of the ❑ Yes 91 No Wmino acthdllss? E13 IL Whet logo hourly wage to be paid to employees? ""I i 1S Slpnetun C11Vno Ofllosrs Rqulnd -- _-- . _.-.- _-- - � Wee"y under psnalry alpurlurythat to the beet of our knowledge and belief all the Information on this application. Including any attachments; i - we true, w dwillivand l e copies oof l l d�losilo" that the nearest city of made on this a for rreevieewIOn ls punlaRebts by few We Witter csrlly theatt e NOTICE: FALSE SIXEMENT MADE ON TH AP ICAnON 18 PUNISHABLE BY LAW j V r— C R10 Wm. J. Nelson& Associafes STRUCT M5 FIDALGO. SUITE e04 KEN ra ALAS A 9E3811 May 190 1988 Jxe 1 OY/i W Keith Kornelis Public Works Director 0, City of Kenai 210 Fidalgo Kenai, Alaska 99611 Re: CONOE/CORRL - inspection, Surveying, Testing e,*RO V A Dear Keith, VR.A Z_ 'I have prepared a budget for the construction inspection and surveying phase for Cohoe and Coral according to our original proposal and contract as follows: 60 Day Construction Period per Construction Contract. Principal Engineer: 8 weeks x 5 hre/wk x $67.50/hr. $ 2,700.00 Construction Inspector: (Assume 60 hr. week, 20 hrs. overtime) 6 weeks x (40x$45+20x$55.35) 23,256.00 ✓ Equipment: Vehicle @ 8 wks x 6 days/wk x $25 1,200.00 Surveying: 32 hrs. (2-Man Crew) x $118.80/hr. 3,801.60 Testing/Reimbursables: ls3,62.4 NOT -TO -EXCEED TOTAL $32,320.00 We look forward to providing Construction Inspection, Surveying �,t and Testing Services for this project. -Sincerely, WM. J. NELSON G ASSOCIATES 01 J. Nelson, P.E. is .,6 MfxtftJ OF AUMM Principal City 5� 13 ' &MM WaAa ---n OW GM ran —p 4MM 9K CPO CFO owl CITY OF KEK814 e602Ad of 4"" M0140"o Kt N101"" "oil T"NONE203-TM MEMORANDUM TO: Mayor williams and Council Members FROM: Chairman Smalley and the Planning & Zoning Commissioners DATE: May 26, 1988 sUDJECT: Dena'Ina Point Estates Addition #1 The preliminary plat for the referenced subdivision came before the Commission at their meeting of May 25th. It was the wishes of the Commission that the plat appear before the Council as this plat will be phase three of the overall development plan. Upon recording of this plat, the zoning will change to the General Commercial (CG) district for Tracts 1 through 5, with Tracts 6 and T remaining in the suburban Residential (RS) district. 7 1 ' t G ti CITY OF KENAI RESOLUTION NO. PZB6-� KPB File No. 81 _ z 1 A RESOLUTION OF THE ADVISORY PLANNING &ZONING COMMISSION OF THE CITY OF - ! KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT j TO THE FOLLOWING CONDITIONS: --. WHEREAS, the attached plat �!!L %. wa�S�/, - - was referred to the City of Kenai Advis ry P arming & Zoning Commission by CA ng...• and received on O ,and WHEREAS, the City of Kenai Advisory Planning A Zoning Commission findes I. Plat area is zoned thgr fore - - -y subject to said zone conditions, (.%_ o'••L•it.�-�M ` 2. Water & sewers } 3. Plat ( 6) 4j; 3a subdivide property within a public i provement district subject to special assessments. There ! �3e'1• (� a delinquency amount owed to the City of Kenai for the referenced property, f 4. Installation Agreement or construction of improvements is (not) i required prior to plat filing. ; S. Status of surroundingland is�_�� ,��i tPa y)shown l 6. Utility easements, if required, are shown { 7. Any existing structures must he shown on plat. j r, B. Street names designated on the plat are ( J correct. 9. INCLL/DE ANY STATEMENTS ON ATTACHED STAFF COMMENT SHEET NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI ADVISORY PLANNING & !' ZONING COMMISSION that does recommend to the Kenai Peninsula Borough Planning Commission approval subject to correction of any negative findings as stated above or on attached Staff Comment Sheet. PASSED BY THE ADVISORY PLANNING & ZONINtG COMMISSION OF THE CITY OF KENAI, ALASKA this - day of f• 19&. CHAIRMA ATTEST: './ZtA j Planning Secretary L-i �F' t. i RESOLUTION PZ SUBDIVISIO'Ct ��ltlL.� �'2/.. f ADMINISTRATIVE COMMENTS CITY ENGINEER �1�2il�a4z..� Gio�%lPI.GIC. lua - - - BUILDING INSPECTOR PLANNING STAFF PLANNING COMMISSION <vcld G Y- 7,Vw1d`A, 1/66 �.��LG ' • GG ' C. G 'f �GL - - -- - �=� ,4- yas �.......,rtlr,n�. <u' •t — EL IN 6ANE 8 P R 9 m m .. • rnr..e. �� pp M 1 f 1I to ��p9 1 .e � •. � ;.; t, _ .... yS tee � p .• � � .� r 1. j • � PWI I CITY OF KENi ,,Dll e>i4lta" o 210 FIDALGO KENAt, ALASKA Nett TELBPNONB283.7= �. MEMORANDUM ti TO: Mayor Williams and Council Members :a FROM: Chairman Cowan and Bicentennial Coimnissin Members .� DATE: May 27, 1988 SUBJECT: Request for Joint Work Session tit ,I j The Bicentennial Commission has asked for a joint work session with the Council at their convenience, to discuss the functions of the proposed jbuilding. i The Commissions' next regular meeting is Monday, June 6th, however, the Commission is open to any date suggested by the Council. 7 f 11 S it t, AAA N- q CITY OF K „ Oil ea#W of Aw4a,• 210 1110"0 KENAI, ALASKA, M11 TELEPHONE 283 - MS MEMORANDUM Tot Council 4 FROM: Jahn J. Williams, Mayor I' DATE: May 24, 1988 We have received this correspondence from the U.B. Department of the Interior which addresses an issue presented to me by Father Targonsky some time ago. He had asked that I prevail upon Council to consider granting some funds to the church for roof repairs and other items of maintenance. My reply was that this was an impossible situation due to the need granted by the constitution to maintain separation of church and state. ! Evidently, he then requested that the Department of the Interior clarify the position of the church regarding its status of National Historic Landmark. you will note that the last paragraph of the correspondence refers to the fact that grants from the National Historic Proservation Fund were given in the past but are no longer available. With this note now in hand, and again at the request of matter of funding may be used to preservepresent e the church asa national hil storiclandmark.that It would be my hope that, as the Bicentennial Commission begins to generate money their organization would be able to handle matters of this type but until then, if Council so desires to address this matter, may I suggest that our City Engineer take an afternoon to review the ` condition of the structure and present us with some sort of idea as to cost and maintenance that is needed on an absolute basis to preserve the structure. 1 I would very much appreciate same discussion of this matter at.the June 1st Council meeting. A it 1 United States Department of the Interior NATIONAL PARK SERVICE • ALASKA REGIONAL OFFICE IN IMPLY NL/LII TO: 2525 Gambell Street, Room 107 H32(ARO—RCR) Anchorage, Alaska 99503.2892 9.0 MAY 1968 B Honorable John Williams to 1. -' '' r Mayor of Kenai a � `p� 210 Sidalgo N o Kenai, Alaska 99611 Dear Mayor Williams: I am writing to you at the request of Fr. Targonski, who asked that we provide more information about the National Historic Landmark status of the Church of the Holy Assumption and the associated St. Nicholas Chapel. Both properties have status as National Historic Landmarks. National Historic Landmarks are properties so designated by the Secretary of the interior after careful studies have documented their significance in American history and their historical integrity. The church and chapel were named a National Historic Landmark on April 15, 1970. You will have heard of the National Register of Historic Places, which includes properties of local, state, and national historical significance. There are currently nearly 50,000 listings in the National Register. National Historic Landmarks, for which much higher entry standards have been established, currently number only about 1700. Thus the church and chapel are among the most important privately -owned historic properties that have been identified to date in studies that began in 1935. That importance led, in past years, to grants from the National Historic Preservation Fund for rehabilitation work at the church. Unfortunately, such grants are no longer available. Anything that local government can do to assist in preservation of these important structures will aid significantly in the common task of preserving America's heritage. Sincere , Kathleen Lidf s Regional Hist rian to CITY OF KI "D�l e� o� �Ihzdkd" 210 FlDAWO KENAI, ALASKA IMI TELEP140NE40 -M5 [EMORANDUM :ity Manager , City Attorney lity Contract/Lease ine whether it would be legally -source contract/lease for the cold s, as I understand them, are that the h a cold storage facility to encourage fisheries products (i.e. value added the City of Kenai. As I understand oen for public use of the cold storage iful bidder retaining a portion for luthority for the City leasing a )ration. See generally, 3 McQutllin, 9.42; Llen v. Ketchikan, 383 P.2d 721; al. 315, 274 P. 328. a that a lease of a municipal proVerty Ln compliance with the general laws and this should be based upon an adequ to d fraud and unfair .s4e6*t?P§"-- 3 rations, 828.42, citations omitted. In esire of the City to lease the facility contract, i.e. without competitive been my opinion that when possible, a e established to maximize the possible Ordinarily, - a - city would not be able I or held for public use to the ,e corporation without specific ,though there appears to be some rharves. See, Mcguillin, 928.42. -1- L J f�. Ji In the case of the City of Kenai, nothing in the Kenai Municipal Code seems to prohibit the Council from leasing the property. Title 11,25.080, specifically holds that nothing in the chapter on harbor provisions should prohibit the Council from leasing "other harbor facilities to private persons, firms and corporations." Further, KMC 22.05.020 provides that the City may dispose of property by lease only in conformity of Title 22. However, nothing in Title 22 tells you how to lease out the land. Accordingly, when there is no provision by ordinance as to the procedure for disposing of the property, such matters are within the reasonable discretion of the appropriate municipal authorities. 3 Mcguillfn, at 28.44; citing, Davis v. Santa Ana, 108 Col.Arp.2 669, 239 P.2d 656; Drexler v. Bethany Beach, 15 Del . , Ch . 214, 135 A'. 484. While it certainly would be appropriate to have the lease go out to bid, there is a provision within the Kenai Municipal Code which may also allow the type of contract you desire. KMC 22.05.025 provides that where it is necessary to encourage new industrial enterprises within the City to increase the economic stability of the city and such stability would be beneficial, the City Council by resolution may direct the conveyance of one or more parcels of City land, by the City Manager, to such industrial enterprise upon such terms as to price, conditions of conveyance and with such contingency as may be set forth in said resolution. There can be little argument that a lease is a conveyance. In the instant case, the City is attempting to bring in a new source of fisheries' enterprise. That is, the City desires to attract this value added or secondary processing of fish which has to date been either nonexistent or very limited within Kenai. Encouraging this secondary processing would appear to be beneficial to the City encouraging a new type of development which may add stability to the economic structure. Accordingly, I would conclude that because this new enterprise intends to promote economic stability and is beneficial to the City, that it would be permissible under KMC 22.05.025 to lease this facility via a resolution to the appropriate party. To that end, I have attached such a resolution. TJR/clf L -2— I 7 May 16, 1988 1 -3 CITY OF KENA I r MORDAL00 KINA1,ALASKA M11 I TOMMONB Ob • MI i r CERTIFIED IL NO P-785-430-664 Sandra Daniels Runway Lounge 10819 Spur Highway Box 186 Kenai, AK 99611 Re: Runway Lounge Bar/Kenai Airport Terminal City of Kenai THIRTY (30) DAY NOTICE TO QUIT PREMISES This notice is to inform you that you are in default on the lease of the above -referenced property due to your failure to pay rent ab required by the terms of your lease. Accordingly, you are hereby given thirty (30) days from receipt of this Notice to either cure the default to the City's satisfaction or quit the premises. Amounts due and owing on the above -referenced property are payable to the City of Kenai in the amount of $5,253.77. Failure to cure this default or quit the premises will result in the filing of a forcible entry and detainer action in the District Court for the Third Judicial District, immediately upon the expiration of the thirty (30) days referenced above. CITY - KEN, AA1 imot ,,J. Rogers City ttorney TR/clf cc: D. Qerstlauer �::�T F-1 May 16, 1988 r- CITY OF KENAI 41 MO RDAL00 KBNAI, ALASKA /NN TAMHONB U-M CERTIFIED MAIL NO. P-785-430-665 Sandra Daniels Runway Lounge 10819 Spur Highway Box 186 Kenai, AR 99611 Re: Runway Lounge Restaurant/Kenai Airport Terminal City of Kenai THIRTY (30) DAY NOTICE TO QUIT PREMISES This notice is to inform you that you are in default on the lease of the above -referenced property due to your failure to pay rent as required by the terms of your lease. Accordingly, you are hereby given thirty (30) days from receipt of this Notice to either cure the default to the City's satisfaction or quit the premises. Amounts due and owing on the above -referenced property are payable to the City of Kenai in the amount of $1,489.05. Failure to cure this default or quit the premises will result in the filing of a forcible entry and detainer action in the District Court for the Third Judicial District, immediately upon the expiration of the thirty (30) days referenced above. C -.OF KENAI ...- Timot , J.- -ogers City Attorney TR/clf cc: D. Gerstlauer P 1 a ;.,,.. MEMO TO: Kenai City Council FROM: Charles A. Brown, Finance Director .9 Q :. DATE: 5/23/89 SUBJECT: Insurance In June of 1985, the City bid its insurance and selected Walters and Olson, Inc. as its broker. The appointment was for the three year period 7/1/85 through 6/30/88. Steve Gregor of Last Frontier Insurance called me r8cently and asked when the City would-be bidding insurance again. I told him at that time that I would bid it this winter or next spring - probably early 1989. Mr. Gregor contends that even though the broker of record letter (attached) is for three years, it effectively covers four years of insurance policies and, thus, four years of commissions to the broker. Mr. Gregor is correct, because the 1988-89 insurance policies will have to be written prior to 6/30/88 in order to have them in force on 7/1/68. This situation is inadvertent; I really didn't consider this in 1985 when I signed the broker of record letter; nor am I concerned with it. Clearly, it would make little sense to have Walters and Olson issue the 1988-89 policies in June, 1988, and then change brokers on 7/1/88. Walters and Olson will have to service the policies they write; we can't have another broker service these policies. In any case, there isn't time to bid now. I intend to bid in early 1989, just as I have told Mr. Gregor. He'll have an opportunity to bid at that time. For Council's information, I am considering bidding for insurance brokerage services only. We would prepare an R.F.P. and select a broker, probably on a fee (rather than commission) basis. In other words, we would not actually bid insurance policies; we would select a qualified broker and he/she would bid the policies. to - CITY OF KENAI ,wd ed2;ai&1 4 4"„ 210FICALOO KENAI.ALASKA 90611 TELEPHONE 283.7535 June 24, 1985 TO WHOM IT MAY CONCERN: We hereby appoint Walters 6 Olson, Inc.. P.O. Box 5064, Kenai, Alaska 99611, as our exclusive broker of record for all our Insurance hatters. effective from 7/1/85 through 6/30/88. This appointment supersedes and revokes all previous appointments and shall continue until 6/30/88 unless rescinded in writing. By this appointment we hereby authorise the release of all Insurance records and other pertinent information requested by Walters 6 Olson, Inc. Sincerely, Charles A. Brown Finance Director r'M I I PO OUGH TING .M. BUILDING L1a1920el', KA �a. n1 OWO IS yof God a�!`99 r ,3oldotna bEZL•� 5EMBLYM2MBER8 1988 1 Approved Keene, stad, Glick, i llips) Brown, Hodgins, 1 and Re-enacting as KPB Ln Management Program the National Blood I. Planning Commies) 2 Enacted of Seward Comprehensive Seward Urban District Req. Plan. Cmen.) 2 Enacted as Amnd :no for the Borough for 3 Set Hrng to the Service A Year 1988-89" 3 Set Hrug .fyiag a Settlement of :k, Hunter of Alaska, 3 Adopted ?nefits for Appendix A 4 Petgnd. to 5/17 d Regulations for rermination of Work Maintenance Service SA) 4 Pstpnd. to 5/17 he Alaska Department not Certify the Use azinone and Garlon 3A. ,of the Alaska Rail- s Adopted M. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted; not for action at this meeting.) - (a) Ord. 88-14 "Appropriating $17,605,868 for School Racal Purpnaes for Year 1988-89" (Mayor, Req. S.B.) HEARING SET FOR 5/17 (b) Ras. 88-27 "Approving the Flat Roof Alternative and a Bidding Format for the Seward Elementary School, and Increasing the Construction Document Budget" (Mayor) TABLED 3/15/88 - N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA - 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT Q. OTHER BUSINESS (a) Transfer of Package Store Liquor Licensb'; Black Eagle Saloon to Clam Shell Lodge 6 No Objct (b) New Liquor Dispensary License for Kalgin Is. Lodge 7 No Objet R. ASSEMBLY AND MAYOR'S COMMENTS S. INFORMATIONAL MATERIALS AND PORTS } - -- - T. NOTICE OF NEXT MEETING AND ADJOURNMENT (May 3, 1986) 3 9i 0 J 1 I y KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES MAY 3. 19881 7130 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER The regular meeting of the Assembly was called to order at approxi- mately 7t40 p.m., following a recessed session as the Board of Equalization. Pres. Jonathan Sewall presided. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Jim Duncan, pastor of the Assembly of God Church in Soldotna. D. ROLL CALL PRESENT( Aesemblymembers Brown, Carey, Hodgins,'Keene*, McGahan, McLane, Moock, Mullen, Nash, O'Connell, Phillips, Sewall, Skogstad, Wallis EXCUSEDs Assemblymember Glick, * Keene, at 8t20 p.m. ABSENTS Assemblymember Crawford E. VACANCY DESIGNATION OR SEAT OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES yy Special April 12,s of the 988gmeeting were ril approved88 Awithbminor sand the corrections- G. COMMITTEE REPORTS (a) Finance (Crawford, Carey, Glick, Keene, O'Connell, Moock, Nash) Prea. Sewall noted the Finance Cmte. met jointly with the Assembly at 9 p.m, for a budget workeession, but not separately. (b) Local Affairs/Legislative (Skogstad. Glick, McGahan, Mullen, O'Connell, Phillips) Mr. Skogstad reported the committee'dealt with land selections in the Chugach National Forest in addition to agenda items. Mrs. Phillips reported the Legislative SubCmte. heard a report from the Mayor that the Railbelt Energy Fund is still intact as of 2t30 p.m. She reported the Seward school funding is not assured at this point. The governor promised support and she anticipated it would come up in Conference Cmte. She stated three Assembly members were able to go to Juneau this week, lobbying on Borough issues. A report from Betty Glick is included in the dealt packet. (c) Public Works/Education (McLane, Brown, Hodgins, McGahan, Skogstad, Walli) Mr. McLane reported there was no meeting due to the workeeasion. R. MOTIONS TO RECONSIDER (none) I. AGENDA APPROVAL AND CONSENT AGENDA Mr. McLane referred to material in the desk packet regarding the Kalgin Is. Lodge liquor license application which arrived too late for_the aE'nda_packct. The applicants are hoping to get approval at this meeting in order --to be on the agenda -for the next- ABC Bear& meeting and issuance of license prior to the June 1 opening. He requested it be placed on the consent agenda and that the liquor • 1 .r h ra. +- KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3. 1988 license approval in item Q(a) be moved forward as well. Mrs. McGahan edtepbet of the o license applications IeoesuAS ndaimQ(a)causeof anbjectionndthe Kalgin snde to lack of time to review. Pros. Sewall stated it would be placed under Item Q(b) if there was no objection and there was none. Mayor Gilman requested Res. 88-41 be removed from the agenda as it concerns land selections in Hope which have not been reviewed by the Hope Advisory Planning Commission at this time. ! I Mr. Skogstad requested Res. 88-44. mailed with the packet. be placed on the agenda as Item L(d). He noted backup information was mailed Railroad { separately. He began circulation of a booklet from Alaska issue. - Corp. regarding the i The agenda was approved as altered by unanimous consent. J. ORDINANCE HEARINGS - -" (a) Ord. 88-7 "Re ealing KPB 21.05 and Re-enacting as KPB Program I - - -- - =06t Utablishing a Floodplain Management National Flood to Conform to Requirements of the Insurance program" (Mayor @ Req. Planning Commission) ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-7. Public hearing was opened. d" c Al White, Sterling, asked consideration of how many inspectors would e requ rad to inspect dwellings for compliance with a building code which would have to be written. He believed there were problems contained in the requirements that had not been carefully thought ` out. it seemed a few people would be subsidized on insurance at the expense of the rest of the Borough residents. He believed it would have the effect of disallowing property owners to build or sell their hurt be helped. property, and more people would be than would i Public hearing was closed. ORD. 88-7 WAS ENACTED WITHOUT DISCUSSION ON A VOTE OF 10 YES TO 4 NOt YESt Nash, Phillips, Walli. Mullen. Moock. Sewall, McGahan, O'Connell, Skogstad, Brown NO: Keene, Carey, Hodgins, McLane (b) Ord. 88-20 "Amending the City of Seward Comprehensive Ian Amending the Seward Urban District Land Use and Zoning Code and Map" (Mayor @ Req. Planning Commission) i ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-10. Pres. Sewall opened public bearing and as no one wished to be heard. hearing was closed. Mr. Skogstad reported the Local Affairs Committee discussed the ordinance and agreed on an amendment which would be proposed and ! passage as amended. ASSEMBLYMEMBER PHILLIPS MOVED TO AMEND ORD. 88-10 TO DELETE SECTIONS 3 AND 4. RENUMBERING FOLLOWING SECTIONS. Mrs. Phillips explained her intention was to remove restrictions against livestock within city limits except by conditional use 1 permit. She reported having received a lot of input from residents of Seward since the hearing held there who want to be able to keep animals. She noted reports in the paper indicate considerable disagreement with the Code change. . • 2 i i 1 1 tie r-- j, 4> KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3 1988 • Mr. McLane stated he was not comfortable with changingg wording that has been approved by a city council, planning commission both local and borough He felt zoning powers should be transferred and such questions be decided locally. Mrs. McGahan stated people who had contacted her from the area stated they were not aware from the published title what the changa consisted of, Earlier there was an ordinance considered by the council regarding livestock which was defeated following public hearing. Mrs. Moock recalled her frustration when serving on the Soldotna City Council to have the Comprehensive Plan for the City defeated by the Assembly after several year's work. She believed there had been ample time for the Seward Council to receive input on the ordinance. She noted the change would not effect persons who presently have livestock. Pros. Sewall passed the gavel in order to comment that this restric- tion did come before the City Council in different form, as a specific ordinance to prohibit livestock at which time there was considerable public testimony against it. He felt the City did have the right to restrict against animals if there were problems. but he felt it should not have been slipped into a zoning action. The gavel was returned to Pree. tewall. e Mr. Keene requested an excused absence for the balance of the meeting. FOLLOWING FURTHER DISCUSSION, THE AMENDMENT WAS APPROVED BY A VOTE OF 10 YES TO 3 NOa YESs Nash, Phillips, Walli, Mullen, Carey, Sewall, McGahan, Skogetad, Hodgins, Brown NOa Moock. O'Connell, McLane ORD. 86.10 WAS ENACTED AS AMENDED BY A VOTE OF 9 YES TO 4 NOt YESi Nash, Phillips, Walli, Mullen, Carey, Sewall. McGahan, Skogetad. Brown NOS Moock, O'Connell, Hodgins, HcLane K. INTRODUCTION OF ORDINANCES (a) Ord. 8816 "Appropriating Funds for the Borough for Fiscal ienr 1988-89" (Mayor) ASSEMBLYMEMBER CAREY MOVED TO SET ORD. 88-16 FOR HEARING ON JUNE 7. 1988 AND IT WAS APPROVED BY UNANIMOUS CONSENT. (b) Ord. 88-17 "Making Appropriations to the Service Area's-0— he Borough for Fiscal Year 1988-89" (Mayor) ASSEMBLYMF.MBER CAREY MOVED TO SET ORD. 88-17 FOR NEARING ON JUNE 7. 1988. Mayor Gilman stated in response to a question that there were amendments that were still in question and following service area board action, could be made on June 7. ORD. 88-17 WAS SET FOR HEARING BY A VOTE OF 12 YES TO 1 (McLane) No. L. CONSIDERATION OF RESOLUTIONS -(a) ROB. 88=33 "Approving and Ratifying a -Settlement of ``.Tn ms7g—_iinst Rollins, Burdick, Hunter of Alaska, lite." (Manor) 3- A KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3. 1988 ASSBMBLYMEMBER CAREY MOVED THE ADOPTION OF THE CORRECTED VERSION OF RES. 88-33. Blake Johnson, North Road, stated the resolution alone did not provide s"uii%ient information to prompt comment. ASSEMBLYMEMBER CARRY MOVED TO POSTPONE RES. 88-33 TO THE MAY 17 MEETING. Mr. Carey spoke to the label "confidential" placed on the memorandum of explanation provided this date. He expressed frustration with a subject he could not discuss with his constituents and receive input regarding. With postponement to the next meeting he felt information as to what parts were confidential and could be discussed freely could be received. Pros. Sewall noted a more extensive memo was received earlier in the mail. In response to questions, Mr. Boedeker stated there was nothing significant in the memorandum other than a few statements that might be construed as admission against interest. 'Its stated Rollins, Burdick. Hunter were the Borough's insurance brokers and consultants for a number of years and during the course of those services some problems arose, there were some coverage questions and programs that went awry. He reported the resolution puts the whole recovery package together. releases all claims in exchange for a final payment of $135,000 which would be deslu�g with commissions and refund of to with a program that was atl8rted. He stated if the resolution to not approve d on information provided, he would have to discuss further dstails in executive session. Mr. Nash noted a member of the public was not able to speak to the issue on the basis of the resolution alone and should be allowed to address it following the explanation given. Pros. Sewall passed the gavel in order to comment he had read through the l m ghC mebemo received by mail and noted a section dealing with whatpublic. He disagreed with the proposal to postpone and send to committees if discussed further A should be done in executive session. The gavel was returned to Pres. Sewall. ASSEMBLYMEHBER CAREY, WITHDREW HIS MOTION TO POSTPONE. ASSEMBLYMEMBER HASH MOVED TO REOPEN- PUBLIC HEARING AND THERE WAS NO OBJECTION. Blake Johnson, North Road. stated his appreciation for further knowledge, an —questioned whether the amount of the settlement was the maximum that could have been negotiated. RES. 88-33 WAS ADOPTED BY A VOTE OF 12 YES TO 1 (Carey) NO. (b) Rea. 88-42 "Modifying Leave Benefits for Appendix A snager a Personnel (Mayor) ASSEMBLyM MBER CAREY MOVED THE ADOPTION OF RES. 88-42. Mayor Gilman requested postponement of action in order to have a section written grandfathering Appendix A people who should be able to keep leave they have accrued to this point. He stated administra- tion is in the process of examining each person effected as to how they would be effected. ASSEMBLYMEMBER HODGINS MOVED TO POSTPONE RES. 88.42 UNTIL MAY 17, 1988 AND THERE WAS NO OBJECTION TO UNANIMOUS CONSENT. (c) Res-. 88-43 "Adopting Rules -and -Regulations -for Funding, wad" F 7(p`proval and Termination of Work on North Kenai Peninsula Road Maintenance Service Area Contracts" - (Mayor. Req. SA) -4- `R ._....-_ _--- -- ---- ---------- ------ -----------..-. { _ I i i 1.1 El ■ KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3 1988 ASSEMBLYMEMBER 14CGAHAN MOVED THE ADOPTION OF RES. 88-43. Mayor Gilman stated the only difference between the resolution in the agenda packet and the corrected one on the dealt was the word "registered"t the corrected one used "regular" mail in Section 9(a theand b) of attached regulations Mr. Nash objected to the word "Substitute" on the resolution, stating according to ordinance, a substitute should designate who made the cane and be copygidentifies sit as ed /coming from the original sponsy wh8li there is a major chne. A "corrected" or. ASSEMBLYMJ;MBER McGAHAN MOVED TO AMEND TO THE CORRECTED COPY. There were no committee reports or public comment. tostheacontrct spoke of favor of in registered insure it was received. Mra. Moock and Mr. Nash recommended certified mail rather than registered mail. Mr.- Nash stated where there is no other option for service, regular mail is more effective since a person can decline to pick up certified mail. Mr. Brown expressed concern for the wording in Section 3 of the regulations, 'and/or beat qualifd" bidder, and Mr. Boedeker stated Atty. Reeves had expressed the a problem. Mr. Bunts, representing the meenteotherethan 8'lowe t, bidder" t the insure crd ompetence king for a require- SSEML MEMTH BresponeWi MOVED O(bidder). OAMED TO PLACE "and/or beet quali- fied"Mr. Boedeker supported the amendment stating it pis the wording commonly used b acti by the He stated beet qualified allows d. Mrs. board prior believed the change should be considered by the service bard ASSEMBLYMEMBER McGAHAN MOVED TO POSTPONE CORRECTED RES. 88-43 TO THE MAY 17APPROVED AYMEETING. SCARRYING WITH IT AMENDMENTS ON THE FLOOR' MOTION WAS UNANIMOU (d) Res. 88.44 "Requesting that the Alaska Department o nv ronmental Conservation not Certify the Use of the Herbicides Veipar, Hexazinone and Garlon 3A. Triclopyr, Along the Rail Bed of the Alaska Railroad" (Skogetad) ASSEMBLYMEMBER SKOGSTAD MOVED THE ADOPTION OF RES. 88-44. Mr. Skogstad reported Local Affairs Cmte. discussed the resolution and had a do pass recommendation and typographical corrections. He reported hearings had been held by DEC in the Seward area and the ict as to the ,ajorit of public spoke gagainst use of herbicides. He referred to data is in materialdangers. abut ent ohe felt i there a of was the sufficient doubtf regarding the chemicals to seek other means of controlling the vegetation. ASSEMBLYME14BER PHILLIPS MOVED TO POSTPONE RES. 88-44 UNTIL MAY 17. Mrs. Phillips stated no hearings had been held in the Homer area since the railroad does not extend there, she had not received backup material and could not vote on the matter without information from DEC. Mr. _-Skogstad reported he had contacted DEC approximately 1 1/2 months ago when f. i- r - norified by --the railroad _ of its intention to use herbicides. lie was directed to the Alaska Railroad Corp. lle 5- r KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3. 1988 indicated the lengthy booklet he received and was circulating was somewhat slanted. He did not believe DEC would have any information forthcoming but they generally follow EPA standards, which are outdated. Mr. Carey feared if they were obstructed from these chemicals some- thing worse might be used. The assembly needed to know the options in order to vote. Free. Sewall passed the gavel in order comment he had received the material Mr. Skogetad commented on and had also attended the hearing held in Seward. He was impressed by the study indicated by public comments. He was ewer: of mechanical means to control vegetation that could continue to be used. Before any stronger chemical could be used DEC would have to go through the same hearing process, so he did not anticipate that would happen if this was decided against. He acknowledged the importance of the railroad to Seward and all the rail belt communities, but felt the public health had to be protected and if an error was to be made it should be made on the side of caution. The gavel was returned to Pres. Sewall. THE MOTION TO POSTPONE WAS DEFEATED BY A VOTE OF 1 (Phillips) YES, 12 NO. RES. 88-44 WAS ADOPTED BY UNANIMOUS VOTE. M. PENDING LEGISLATION fit (This item lists legislation which will be addressed at a later time as notedi not for action at this meeting.) (a) Ord. 88-14 HEARING SET FOR 5/17 (b) Rea, 88-27 TABLED 3/15/88 N. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA 0. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS P. MAYOR'S REPORT Mayor Gilman reported three major items were approved in the Senate version of the capital budget to go to the Houses (1) Oceantrawl, Homer dock, (2) Funny :River Bridge, and (3) Kachemak Bay sewer treatment facility. Mayor Gilman reported there would be a community meeting in Anchor Point on Thursday evening to discuss problems with contaminated water. He stated he would propose making the school water which has been tested pure available for an interim water suppply for people in search of a long term solution. There is a bill in the legislature to appropriate 5955,000 for cleanup of Anchor Point and other areas. Mayor Gilman reported the Borough owes the State $300.000 as a result of losing the suit on the two tiered tax rate. He stated they were in the process of determining what the rate of interest should be. Mayor Gilman reported the architect for the Seward school is still recommending a flat roof. Also they have a solution to the icing conditions on the two new elementary schools. The Mayor reported Great West Insurance has denied some claims for chiropractic treatment and a representative will be available for people to talk to next week. Q. OTHER BUSINESS (a) Transfer -of Package Store -Liquor License] Black Eagle Saloon to Clam Shell Lodge - ASSEMBLYMEMBER McLANE MOVED TO REQUEST THE CLERK SEND A LETTER OF NON -OBJECTION TO THE TRANSFER OF THE BLACK EAGLE SALOON TRANSFER. -6- y, 0 r— KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3, 1988 Am the Ninilchik Native eon tter of ojction had who statedetheir plan was nto sac acticeivedvate a license in the vicinity of Clam Gulch. In discussion it was noted there was no restriction regarding nearness of another license in the Assembly's guidelines ordinance nor in the state statutes. THE MOTION OF NON -OBJECTION WAS APPROVED BY UNANIMOUS CONSENT. (b) New Liquor Dispensary License for Kalgin Is. Lodge NON OBJECTIONRTOcAACERMOVED TO DING KEQUEST GIN IS H LODGE. CLERK TO SEND A LETTER OF Mr, McLane explained the application is under the Tourism category for a lodge located on an island which has neither a school or church. As a result of the application, sales tax has been brought up to date and other requirements have been met. Mrs. Moock felt it reflected poorly on the business when special consideration had to be made to get the license hpproved in time for the opening of the season. It had to have been planned for some time, now, without prior notice to the public it needs to be approved. Mrs. McGahan noted the Assembly legally has until May 20 (30 days) to act on the application. pres. Sewall noted by booking oupe of tourists, the sales tax limitation prevents equal applic on of the assessment. ASSEMBLYMEMBER MOOCK MOVED TO POSTPONE CONSIDERATION OF THE KALIGIN APPLICATION TO MAY 17. Mr. McLane reported the applicants live in Anchorage although they have considerable property on the Peninsula and have an excellent tax payment record. They have asked for special consideration due to late knowledge of the sales tax requirements, but have made a rest effort to comply. He referred to courtesies extended to business people who have long records of delinquency. Mrs. McGahan supported postponement since the public was not advised through the agenda that it would be considered. POSTPONEMENT FAILED BY A VOTE OF 3 YES TO 10 NO AS FOLLOWSi YES: Moock, Carey, McGahan NO: Nash, Phillips, Walli, Mullen, Sewall, O'Connell, Skogetad, Hodgins, McLane, Brown THE MOTION OF NON -OBJECTION WAS APPROVED BY A VOTE OF 12 YES TO 1 (Mc0ahan) NO. R. ASSEMBLY AND MAYOR'S COMMENTS Mr. Brown reported the highlight of his trip to Juneau was a meeting with the Governor. He was told when the Seward school came to the Conference Cmte., he would give it his full support. He reported the Nikiski Chamber of Commerce would be holding an opening ceremony for the Nikiski Jr/Sr High School on June 10 at 3 p.m.i everyone is invited. He appreciated the Mayor's response to problems with the medical insurance carrier. Mr. Hodgins requested administration prepare a list of items included under Acet. 043920, dues and subscriptions. He reported Mr. McLane and himself mat with Commissioner Demmert, Dept. of Education, who stated his concern with the KPB in that the Borough budget contains school related items which are not reflected in the school budget. There is c,- 0 -mill--cap on. school costs which -if it is exceeded would impact the federal contribution for education to the state for two, years. . 7 - 4 a] . y1 L' 0 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3. 1988 Mrs. McGahan stated her appreciation for Mrs. Glick's written report of her trip to Juneau. She also noted there is a problem with a member taking a stance on issues such as workmen's compensation who represents both the business community and individual citizens who are on the receiving end of those benefits. She was concerned that the Assembly did not take a stand on several of the issues lobbied in Juneau, although the Kenai Caucus did, Pros. Sewall stated it is difficult when lobbying issues supported by the Assembly and other issues come up the Assembly has not taken a stand ong some response is required. Mrs. Phillips believed many of the issues supported in Juneau are those supported by the Municipal League of which the Assembly is a member. She announced the APUC would hold a hearing May 23 at Kaehemak Community Center on the natural gas applications for the Homer area. ASSEMBLYMEMBER PHILLIPS MOVED THAT ALL TABLED ITEMS BE CARRIED ON THE PENDING AGENDA LIST AND THAT THIS ACTION BE ADDED TO THE ASSEMBLY MANUAL. Mrs. McGahan stated the trouble- with having tabled items available for action is that the public is not made aware they may come up at any given meeting. She recommended the concept be considered in committee before taking action o%ft. Mr. Nash reported he was preparing an ordinance which would include this type of action and the problem arose as to how to define "term" for sunset of items appearing indefinitely on the pending list. He would continue to work on it. MRS. PHILLIPS WITHDREW HER MOTION. Mrs. Walli referred to the information in the packet regarding the Permanent Fund, encouraging members to respond. She addressed the problem of the 6 mill cap for school expenses noting maintenance, building insurance, everything is included except bonded indebtedness and transportation. She asked how additional appropriations for expenses throughout the year would be tallied. Mr. Mullen reported the Coastal Zone Management workgroup has been working on a draft of a plan every Monday evening and encouraged participation by interested members, Mrs. Moock stated the Sales Tax Cmte. would meet Tuesday, May. 10 at 7 p m. She expressed appreciation for Soldotna High School s Gordon Griffin for putting on the Music Man at the Nikieki High School and doing a fine job in spite of some startup difficulties. She noted the school was a fine facility and knew the community would enjoy it. Mr. Carey reported attending fire service area meetings in Ridgeway and Kalifonsky and encouraged people with views regarding cooperative agreements with other entities or budgetary matters to attend and give input to the boards at this time. He asked the attorney's help in designating $1.2 million in the budget !or opening Skyview High school. At Monday's School Board meeting it was indicated they intend to open the school in 14 or iS months. The action he contemplated would not be an obligation to spend but to approve setting up an account to be available for that purpose. Mrs. Moock stated the school board promised to continue to work in the direction of opening the school, they did not make a commitment to do so. Mr. Carey stated this was true, although the school was included in the approved five year plan. Mrs. McGahan stated her appreciation to the Soldotna drama class for g:rforming the Music Man at the new Nikieki schools the first event held in the school. .g. r- KENAI PENINSULA_ BOROUGH ASSEMBLY REGULAR MEETING OF MAY 3. 1988 Pres. Sewall suggested Mayor Gilman continue the sales tax delin- quency reports made by the previous mayor. He felt it was good information to get out to the community. , He reported speaking with a number of residents in his area and has received no negative response regarding a small tax levy for road maintenance. Pres. Sewall stated the School Board has requested formation of a committee of nine members to reduce central office salaries consisting of five from various chambers of commerce, one assembly member, one a school board member and include the superintendent and school personnel director. He reported appointing Mr. O'Connell to the committee as Assembly representative. S. INFORMATIONAL MATERIALS AND REPORTS T. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall reported the next meeting will be as a Board of Equalization with the next regular -Westinon May 17, 1988. This meeting was adjourned at approximately 10s4 P.m. - Date Approved< Slay 17, 1988 Aon' .y res entent STs oroug er - 9 - 7 I 1 , l F This edition Executive Travel Service z"�0 sponsored by: ` z R D . C . r• May 1988 lurce Development Council i ' `•••"• t 100516, Anchorage, AK 99510 l ADDRESS CORRECTION REQUESTED Mayor John J. Williams City of Kenai i ate Fidalyo i Kenai, AK 99611 Evolving 1 P By RILLPADA-1070 L� arctic oil 7Q•4``,(� technology a a Development footprint becomes vanishingly small in Alaska Because of major advances in all field technology and design, the "lootprint" of future energy development In the arctic will beco I hi I II rl Ih t me vans ng y ama , ensu ng 8 alteration of land will be minimal and distur• banes to wildlife can be avoided In almost AREA AFFECTED ANWR 1002 AREAICOASTAL PLAIN By FULL DEVELOPMENT 5% 48%) t1^ul all cases. A new brochure released by standard Alaska Production Company and ARCO Alaska, Ina. details numerous advances in oil field technology and design that will minimize the Impact of all development In frontier areas. ALASKA ANWR 1002 AREA/ COASTAL PLAIN Made possible through the operating ex- periance of the four existing North slope oil fields, the footprint of future develop- ment in the arctic is expected to be drasti- cally smaller than in the Prudhoe Bay reg- and Is important as we look to the future than one percent of the surface area would Ion, an area accounting for 25 percent of and consider development on the Coastal be affected by development. domestic oil production. Plain of Alaska's Arctic National Wildlife For some 30 years, the oil industry has -'Over the years; Importent-stridei have Refug JANWR�." - - - - been exploring and operating on Alaska's been made In drilling and production Representing five percent of the state oil -rich North slope. Forthemost part, state technology_ that have reduced the amount of Alaska. ANWR covers same 19 _million and federal regulators believe the Industry f land needed for all field facilities." the acres. Only eight percent of the refuge, the has conducted responsible, environmen- rochure says. 'This evolution in technol- Coastal Plain, is being considered for oil tally -sound operations. In fact, some call ogy minimizes the 'footprint' of oil activities and gas leasing. Of that small part, less (Continued on page 4) L 15th Alaska Legislature falls short ... ;Page 2 F Message from the executive director By Beck. Gay ' 1 This month marks the end of the 1987.88 term of ROC's statewide board of directors. RDC's 13th year of doing business In Alaska is being commemorated In a special trip to Valdez for the annual meeting and election of the now 1088.89 board. The past 12 months have been an eventful period for our organi- zation. RDC weathered the storms of the economy along with our membership, tightened our belt and maintained a strong sense of purpose advocating and educating on resource issues. Doing more with less has been a conscious effort by all. ROC has flourished under President Joe Henri's robust and able leadership. In his one-year term, Joe has traveled across America speaking on behalf of RDC, Including appearances before Congress on ANWR and Tongass. Media interviews, conference presentations, public hearing testimony, op-ed articles, letters -to - the -editor and even more letters to the Legislature and Congress were all forms of the pro -development offensive RDC waged for its membership. Joe Henri has led this charge fearlessty and we have much to thank him for, including the behind -the -scenes work of RDC's gracious first -lady, Aletha, who at Joe's side has charmed many RDC guests and visitors. Despite the exasperating lack of positive legislative action on pro-developmentissues during this period, ROC advanced Its goals In other ways. The 1988 conference was a bright success with an uplifting tone and a macro -mandate of "What Alaska Can Do for America." RDC's Thursday breakfast forums continued In excel- lence and the Resource Review expanded its circulation to Include key members of Congress and Outside business and media in- terests. RDC's effectiveness In national press relations and com- munications grew. RDC also expanded its schedule of speaking engagements and testimony with the help of he active board mem- There are not many organizations which can claim their goals will do so much for so many, If successful. RDC can. The resource Industries of Alaska offer the brightest hope for a strong, lasting economy. Resources are our undisputed wealth, to use wisely and develop soundly. Why is this so hard for so many to understand or accept? An overwhelming ignorance and apathy about Alaska's fundamental economic options is pervasive in the rush to preserve, regulate, stipulate, designate and stop development In the name of bad deeds elsewhere or long ago. To say we are swimming upstream In our efforts to educate is putting It mildly. There Is such a thing as sound resource development. But the burden Is on us to prove It. Advancing resource development Is an uphill battle. Nowhere Is this more evident than in the legis- lative arena, although the educational system offers another great (Continued on page 6) Resource oevelopmem C011rIQa, (n0, -- - - TheRescume DevelopmenlCouncil (RDC) IsAlaskes Wood anvotely funded nonprofit oconemle devebp- mm organisation wonting to develop Aloft's natural resources In an onleriy manner and to create a broad - based, diversified economy while protecting and en- hancing the environment. 15th Legislature ends with little accomplished Economic development bills fail By Mike Abbott, Projects Coordinator Despite a generally perceived mandate for economic de- velopment legislation, the 16th Alaska legislature passed virtu- ally no legislation that would have allowed for major new re- source development activity. The vast majority of the legislative proposals, generated as a result of 4he publication of ROO's New Strategies for Advancing Alaska's Economy, 1986.90, either failed to reach the floor of both houses or were rendered Ineffective before passage. There were few highlights In the 1987.88 sessions. In 1987 legislation allowing AIDA to take part in importlexport ventures did pass. RDC's International Trade and Industrial Development Division Initiated this concept and was instrumental in securing Its passage. 1988 saw the first successful attempt to reform the Workers' Compensation Issue to the benefit of employers and employees. After Inordinate delay the legislature also passed joint resolutions in support of reasonable positions on the Arc0c National Wildlife Refuge and Tongass National Forst. These, however, were either relatively minor modifications of existing support programs or advisory comments for the U.S. Congress. When the legislature had the opportunity to take bold action and -give Alaskans an opportunity to lead the state Into new markets and development strategies, it failed miserably. Mariculture Is perhaps the greatest single economic develop- ment failure of the 16th Alaska legislature. Farmed seafood products are clearly going to increase their already significant International market share of important Alaska commodities such as salmon and shellfish. Instead of supporting the partici. pation of Alaskans In this dynamic industry, the Alaska legisla- ture has made it Illegal to farm all finfish and commercially unworkable to farm other seafood species. Alaska, through Its primary political organ, has made a conscious decision to Ignore the same international marketplace It so often claims interest In. An equally frustrating Issue revolved around Forest Manage- ment Agreements (FMAs). These are simply agreements that allow the state to contract with private operators for various forest land management responsibilities, Including harvest on state land. For two years this bill made slow progress, only gradually evolving into a form that satisfied everyone willing to be satisfied by any timber management proposal. Then the bill died in the lest week because of a personal feud between a few legislators. The House of Representatives never did vote on this bill; It languished In the House Finance Committee where It did not receive a single hearing. (continued to page 7) Eaewuve commmaa offlew Fodent . ...................... 4080 teml VIMPreekfenl ........................ Shelby Sit" Vice Prea*rd ... I ................... John Pore"We VIM Prelidenl .......................... Jahn Ranee 600etary ........................ atOonflllf Tien" . ..................... teny taughmen Past ROOM ....................... Boyd 6ro"eid stag EnKUM txrectar ...................... eedh L Bay A" Reim= [Nmw ................ Cart Portman Roiecta Coordinator ................ Mks Won Member SaMoa ................... Anne Itt Bradley Page 2 / RESOURCE REVIEW / May 1988 L Resource Revlew Is the omclal monthly publWation of theResouree Development Coundl. Sox 100510, An- chorege, Alaska 99510 — (007) 2784700, The RDC business office Is located at 607 0 Sbeet, Suite 200, Anchorege. Materiel In the publicatlon may be reprinted witiloul parmisslOn prOvlded appropriate credit Is given. Cad Portman Editor 6 Advertising Manager Is J r Thoughts from the 0i.._ ._ President by Joseph R. Henri A recipe for resource development Kenichi Ohmae, prominent Japanese Industrial policy con. sultant and business strategist, in his book, Thad Power, lays out the principles for the development of "Third World Coun- tries." For the most part, the advice can apply equally to Alaska. Uncle Sam's undeveloped stepchild, a so-called sovereign state. Mr. Ohmae Is wise In the ways the world works. His list of gInstal directions can well serve as guidelines for developing the 49th state: "1. Emphasize education above all, but do not treat the educated as a special privileged group. Teach them to become leaders rather than elites. 12. Select only several priority industries with which to estab. Ilah global preeminence. Build the entire supporting infrastruc- ture sequentially over time, encompassing both downstream and upstream operations. 1. Separate import -substituting industries from export -build• ing ones, and do not regulate the latter in the same way as the former, "4. Remove complex licensing processes and regulations on industries because these tend not only to stifle entrepreneur• ship, but also to become sources of corruption. 16. Use taxpayers' money for building a (statewide) Infras- tructure for industrialization, such as providing low-cost com- modities and raw materials, utilities, communications, and transportation. Conversely, leave the development of the Indus- trial sector to private enterprise. Usibelli faces lar Alaska's only coal exporter Is now facing a whopping ten -fold Increase in royalties to the State of Alaske after a bill %het would have provided for a much smaller increase died In the House Resources Committee. The legislation, sponsored by Fairbanks Senator Bettye Fahren- kamp, would have set a maximum royalty of 30 cents per ton on state coal production, which Is about the level suggested by Usibelli Coal Mine (UCM) In its petition for royalty relief. Usibelli has been paying an average of 7.6 cents per ton while the state's new struc- ture demands about 96 cents per ton. Usibelli had lobbied heavily for the bill after the Department of Natural Resources turned down the company's request for reduc- Coal from the Usibelli Coal Mine is transported by the Alaska flan of state , oat royalties on production from the company's mine Railroad to the Port of Seward where it is loaded aboard large at Neely. ONR Commissioner Judy Brady has agreed to a two carders for the journey to Korea. year phase4n for an increase In Usibelll's royalties required under 1982 ONR regulations. The ONR decision and the bill's failure could make it difficult for Usibelli to renegotiate a vital export coal sales contract with the- Korean Electric Power Company, the South -Korea Utility that . buys a minimum of 650,000 tons of coal annually from UCM. Usibelli has pass -through provisions in its Gales contracts, so any royalty increase is automatically passed along to the customer, Including Fairbanks rate -payers. To the extent that Alaska coal is made more expensive, the Koreans have less incentive to renew quantity and price temps in their contracts with Usibelli and its partner in export sales, Sunset Alaska. The tremendous royalty increase could be the death knell In Usibelli's efforts to conclude an export coat sales agreement with Taiwan Power Company. Unlike its competitors in the Pacific, "6. Encourage indigenous entrepreneurs, because the long- term health of a (statewide) economy really depends on Its people's ability to reinvest for growth In their own (state) .. " We need a few Industrial strategists and global thinkers such as Ohmae and such as some of our own American unl- vereities have produced, to assist a local cadre In planning a program of development for Alaska — to plan the priority indus- tries and to get about the building of the requisite infrastructure on a strict and reliable schedule. The public works Involved In constructing this Infrastructure would cure our depressed economy. We must be masterful. We must be Imaginative. We must be bold. We must have confidence In ourselves and In our land. Paying for the Infrastructure for Industrial development would be easy In our state, If only we would substantially divert the earnings of the Permanent Fund toward this purpose. A series of development bonds could be sold; the Fund's income stream could serve as security. Most of the infrastructure would be revenue producing, and those receipts would be used for actual bond repayment. The III -named "dividend" from the Permanent Fund, Is a curse in our relations with the Congress. Besides, it squanders, dribbles and dissipates the great power of the Permanent Fund's earnings. Citizens are not stockholders. The State of Alaska is not a corporation. The law requires that public funds be spent for public purposes. An aliquot apportionment of half the annual earnings to every living Alaskan does not meet the test of "public purpose." The purpose of the dividend is to destroy the constructive power of the earnings. This Is my last column to you as president. I thank those of you who have labored through these columns for the past 13 months. The task before us Is large, but Alaska can have a vibrant economy In which willing and able Alaskans can realize a good income doing worthwhile, rewarding tasks. The future Is bright, but it will not come to us without hard work. Three cheers for RDC. hike in royalties Usibelli Coal Mine is a small operation and lacks size to achieve economics of scale. This extra government layer of cost doesn't encourage company efforts to expand production and secure new -export sales, acco►d- Ing to John Sims, Vice President of Marketing at UCM. Instead, Sims said It could price the company out of the fragile export markets which have earned for Alaska a total of $78 million since exports to South Korea commenced in 1985. Sims said the company is pursuing an administrative appeal to gain relief from the steep royalty hike. He noted the royalty in- creases are in addition to rental on acreage, mining license tax and corporate taxes paid by UCM to the State of Alaska. In addition, (Continued on page 6) May 1988 / RESOURCE REVIEW / Page 3 L W Advances in Arctic petroleum development (Continued from cover) the North slope oil fields a model of careful development and an example of evolving arctic technology. - Numerous studies have enhanced in. dustry's understanding of the arctic, and 17 show no conclusive evidence of significant 0 impacts. The industry is heavily regulated and has shown a serious commitment to [7 ❑ continue research and monitoring activities G000 of its operations. New Technological Advances �UU As a result of improved drilling technol- ogy, the size of new well pads can be dramatically reduced. In the arctic, wells _ 00 o ,U Z and facilities are placed on gravel pads to p oa i it�•_._._.. Insulate the permafrost from thawing. Through the use of directional drilling, many wells can be drilled at high angles Industry has also made great strides In from a single pad with hundreds of wells consolidating support service centers. The existing service area at Prudhoe Say reaching out in all directions from Just a small number of pads, Drilling technology covers over 1,000 acres, but the new ser- continues to be refined with an ever In- vice center for the Kuparuk field (the sec - and largest oil field in the U.S.) occupies creasing number of wells on a single small only 65 acres. In ANWR, support services Other major advances include new dril- could also be limited, greatly reducing the footprint as was done at Kuparuk ling rigs which have cut the space required for drilling operations In half. Whenhe Asa result of new t. visual Prudhoe Bay was first developed, well tof oil developmentttechnology, on tthethe broad, flat Impact Coastal Plain will be extremely treeless spacings of 120 feet at more were com• mon. When the nearby Kuparuk field was all. By drilling many more wells from later built. wells were initially drilled 60 feet mu much smaller pads, consolidating support apart. With directional drilling, high -angle wells and newly -designed rigs, wells can services and using the latest production equipment, ent, the area required for well pads, be drilled as little as 10 feet apart on some Production facilitiesatand service percent be reduced by at least 60 percent over over pads. As a result of the new technology,those pads in operation at Prudhoe Bay. oDntaining twice as many wells and cover• Ing less than half the acreage can be con- structed In field development. ,Rftlum NA, As with drilling technology, a decade of production experience has led to the da- velopment of new equipment and refine. meat of facilities. Recently, efforts to reds. ! sign the production facilities at Prudhoe ALASKA . °I Bay showed the same facilities could be built today using half the surface area. Other design features would further re- CD duce the surface area affected by olt do. velopment in ANWR. For example, gravel o �• roads were often used to build pipelines during development of earlier fields, The latest Endicott pipeline was built entirely from an ice road in the winter. When the Ice road melted, there were no visible signs Environmental Considerations of its presence. This technique, which This is good news for a nation seeking avoids both wildlife and habitat distur• desperately -needed new supplies of bane, would be used in ANWR. domestic crude in an expansive wildlife re. Page 4 / RESOURCE REVIEW / May 1988 L CONCEPTUAL REDESIGN FORGATHERING CENTER 1 J 5004t• Oa fNoducrgn rac,Mi/1 m MSANWRC/asrN P/s,n MDUWr00A rorr�� alf/gnf fn/n nb s+unrp Doss N P/rldA/I Bay Usng rO0a1•% IBChn010py. ,M„CA/,+alh0!/dnllpMNM/If PI1d110/ eex Ihsa/lanhharouar/a, pl/ss rnannurrn/wnonena Inor did wh/n Prudnos ft was Cdd UMW in the filly sownras Soap arcs sn+6Yssuu0 No fuge. Each summer, thousands of shorebirds, waterfowl and caribou migrate to the arctic where they feed, reproduce and rear their young in both developed and undeveloped areas of the North Slope. to To minimize wildlife and habitat distur- bance from oil development, industry Is re- quired to incorporate environmental con: siderations into facility planning, design, construction and operations. Before facilities are built, many environmental studies are conducted. Maps are prepared showing drainage, soil types and vegeta- tion, and bird and caribou studies are per. formed. This information is used to ensure that areas of high value to wildlife are avoided. Studies show that negative effects on wildlife have been minimal. Positive effects are documented. For Instance, since the early 1970s. the caribou population In the Prudhoe Bay region has increased five. fold. Birds continue to feed and nest within developed areas. Constant monitoring and research have provided no evidence that oil field activities have produced any but positive changes in size of any North Slope wildlife population at any time of the year. ANWR spans just 5 percent of the state of Alaska. Only eight Percent of ANWR Is being considered for oil and gas leasing. Of that small part, less than one percent of the surface area would be affected by develo ment J r_ _, 111111111 NWR bill passes, t Alaske's struggle to open a tiny fraction of the Arctic National Wildlife Refuge (ANWR) to all and gas leasing is now shifting to the House Interior and Insular Affairs Committee after the House Merchant Marine and Fisheries Committee voted 28-13 to open the refuge to development. The committee not only rejected pleas to wait fora new president and Congress, it also beat back a series of amendments to post- pone development until the administration taking office next year can formulate a new national energy policy that emphasizes strict conservation measures. Had the amendments passed, a congres- sional decision on leasing within the refuge would have been put off until the early 19909. Drilling advocates stress that conservation atone cannot solve the nation's domestic energy shortcomings and that new oil from ANWR will be needed in any case. The legislation to open ANWR to oil drilling, crafted by House Merchant Marine a Fisheries Committee Chairman Walter Jones, is now beforethe Interior Committee,where environmentalists have their best chance of derailing the bill. That panel, chaired by Rep- resentative Morris Udall of Arizona, plans a round of public hearings tentatively set for June 6, 7 and 9 in Washington, D.C. The House legislation would split the royalty revenue evenly between the state and federal government and designate the 23 minion -we National Petroleum Reserve west of Prudhoe Bay a wildlife refuge. Most of the federal revenues would be allocated to various environmental and wildlife programs that may otherwise go un- funded. The bill would lift the ban on oil development and require initial leasing 21 months after congressional approval. Up to 300,000 acres of the Coastal Plain could be leased within 21 months with $10.e Billion was spent In all 50 states for Aleske's North elope Oil DevslOpmsrlb 1910.1ee0• ,�N,•.. e ON1 _ • oil" some gap Ga Gwo ae NN 0 11 oa oo we a4st /141.1 „Ga. ^ • Goal J io /IN// aw l Go 0 at 0 So ..,. N�1 • / ass /ROM" ..� ,.'+. •Mono Mfq/On 1'nWtfM rY � � M• -- w.w,w,.�w,wrr..,. Executive Director's Message (Continued from page 2) challenge. These formidable hurdles cost dearly to overcome, and even more dearly if we ignore them. AS we turn -to the 14th year of RDC operations onbehalfof f�oound resource development in Alaska, I hope each of you will feflecton what you dotobe partof the solution — orthe problem. Help RDC flourish. Our strength Is our membership. To the extentyou can help that membershipgrow, ourpolitical andworking capital will be greatly expanded. RDC fills a void in Alaska political economics and resource education. Our work is before us and your support, financial and otherwise, is vital to our success. L but battle looms additional leasing every two years. The Jones legislation would provide for strict environmental standards protecting the wildlife, air and water quality. It establishes a protective management zone banning activities on that part of the Coastal Plain identified by some as the "core -calving area" for caribou. A 1.5-mile buffer would be created around the zone where drilling would be allowed, but where non -essential facilities would be prohibited. A three-mile buffer along the coast would also be created, but pipelines essential for developmentwouldbe allowed. Controversial amendments to the bill which address union -wage and early -exploration Issues are said to have greatly enhanced the chances of the legislation moving forward in the House. House SpeakerJlm Wright has indicated he wantsthe legislation on the floor no later than mld•June. However, Democrats remain - deeply divided over the development issue with many observers predicting areal donnybrookonthefloorif and when itgetsthatfar. Although great progress has been made on the movement of the pro.development compromise bill In the House, drilling advo- cates are facing a serious race against the clock as the House and Senate move to within eleven weeks of their long summer recess. The Senate is expected to take no further action on the issue until the House passes the bill. In preparation for last minute Senate action, Alaskans are work• Ing hard to convince about a dozen undecided senators to support ANWR drilling. There are about 43 sure votes in the Senate now to open the Coastal Plain to development. If the legislation emerging from the House is passed, and if It's similar to an earlier bill passed by the Senate, a conference com- mittee may be able to work out a compromise bill before Congress adjourns. Send a leurar..' Urge key congressmen to open ANWR to development House Committee on Interior, and Insular Affairs Mo Udall, Chairman Rep. Richard Baker (LA) ReP• John Lewis (GA) Rep. Ben N. Campbell (CO) Rep. Ron Merleme (MT) Rep. Tony Coelho (CA) ReP• Wayne Owens 1 Rep. Ron De Lugo (VA) Rep. John Rhodes III Rep. Jaime Fuster (PR) Rep. Denny Smith (OR) Rep. James Heneen (UT) Rep. Bruce Vento (MN) Rep. Peter Kostmayer (PA) Rep. Don Young (AKI Rep. Meidon Levine (CA) Rep. Beverly Bryon (MD) Rep. Edward Markey (MA) Rep. James Cledre (NC) Rep, Austin Murphy (PA) ReA• George Damn (GA) Rep. Nick Rahall 11(WY) Rep. Bill Emerson (MO) Rep. Phillip Sharp (IN) Rep. Samuel 0008MM (CT) ReQ Mo Udall (AZ) Rep. Date Klldee (MI) Rep. Barbara Vucanovich (NV) Rep. Richard Leman (CA) — - Rep. S. Garrido Blas (Guam) Rep. Manuel LUJA Jr. (NM) Rep. Richard Cheney (WY) Rep• George Miller (CA) Rep. Larry Craig (10) Rep• Chas. Paheyan (CA) Rep. Peter Defaslo (OR) Rep. Sol Richardson (NM) Rep. Edon Oallegly (CA) Rep. Fora Sunie (Am. Barrios) Rep. Thomas Huckaby (LA) Rep. Peter Vlsoloaky (IN) Rep. Moan Lagomaraino (CA) May 1986 / RESOURCE REVIEW / Page S r I Ton ass ne otiations continue g g r Alaska Congressman Don Young has vowed to continue work. Ing on negotiations regarding the Tongass National Forest after the House Interior Committee narrowly blocked a Young -backed Proposal to resolve land management issues in the Tongass. The committee voted 18.22 to defeat a substitute bill sponsored by Young and Congressman Jerry Huckaby to alter the timber management provisions of the Alaska Lands Act of 1080. Instead It passed a bill sponsored by Congressman George Miller that aims to get rid of the 1980 compromise guaranteeing the U.S. Forest Service at least $40 million a year to administer Tongass Umber sales. The bill also calls for the Agriculture Department to renegotiate the long-term contracts with Ketchiken Pulp Corp. and Alaska Pulp Corp, in Sitka. The bill basically strips the Umber Industry of the pro -develop. An elemeMe tt won in the 1980 ANILCA compromise. Environ• mentalists agreed to the compromise after it secured from Con- gress a decision to set aside 5.4 million acres of new wilderness In the Tongass National Forest. Over 1.6 million acres of prime commercial forest lands were included in the huge wilderness block. The annual $40 million appropriation to manage the remain- Ing timber land was suppose to make up for the timber producing capabilities of the land that went Into wilderness. The Miller legislation was approved as a substitute bill for Ton - news introduced by Congressman Robert Mrazek. The filler bill will now go before the House Agriculture Committee for further review while the Mrazek package is dead. Young criticized the legislation as unnecessary and a breach of previous agreements In that 0 repeals the timber production section of ANILCA without any review of the wilderness provisions of Southeast Alaska. Gold mining off Nome t r, Par- ,.ec. . Y Westem Qold Explo►allon and Mining company. Limited Partner ship owns and operates the Dime, the world's largest offshore mining vessel and a sell -contained gold processing and mining unit. -The Bima, which is 14•stodles high, 525-feel long and 14046st wide, operates every day around -the -clock from approximately June to November. The Blow resumed operation off Nome on June 16, 1987 and by mid -November had recovered over 36.000 ounces of gold. The area 0 mined in 1987 was located about 4 miles west of Nome and from 2,000 to 5.000 feet offshore in water ranging from 20 to 40 feet In depth. The vessel can successfully mine in 150 feet of water. Page 8 / RESOURCE REVIEW / May 1988 L "It's too bad that we are back here again fighting over Alaska; - Young testified. '1 thought that the residents of Southeast Alaska had given their pound of flesh in 1980 when the Alaska Lands Act passed and carved the Tongass up by adding over 6 million acres of wilderness In return for a promise that they could continue to live and work there." Young said the current legislation threatens people's lives and property, throws an area three times the size of Massachusetts Into economic disarray and uncertainty and it breaks the faith with the people of Alaska. "1'm talking about a conscious effort by this committee to take actions designed to throw people out of work," Young said. However, Young said he was pleased that he received assur- ances from Chairman Morris Udall and Miller that negotiations on the Miller bill would continue before a bill went to a vote before the entire House. He said a series of meetings with Miller. Udall and Alaska Senators Ted Stevens and Frank Murkowski may be scheduled to negotiate a compromise bill which is acceptable to Alaska. "Mr. Miller knows that this bill as passed by the committee will not become law this year. If he wants me to help secure final Congressional and Presidential approval, he knows his bill must change. Conversely, we know that Mr. Miller will need our commit- ment of support before he can reach a final accommodation.* ROC urges its members to write members of the House, espe- cially Miller and Udall and let them know we need to stick to the deals made in 1980. especially the ones that generate Jobs and economic development. 0 coal royalties ... (Continued from page 3) i he sold an increase of this magnitude could discourage investment throughout the Industry. Until last year. Usibelli had been paying a fixed rate. This rate was set when the land was owned by the federal government. The area was subsequently selected by the State of Alaska with the original royalty rate retained until renewal of the lease. The 1982 regulations adopted by DNR required a minimum of 6°/. of adjusted gross value. When DNR renewed Usibelll's two main leases in mid-1987, the royalty rates jumped ten -fold. DNR can reduce royalties If it Is necessary to promote coal development or if the lease cannot be operated profitably at present royalty levels. This Is the first time the state has dealt with a request for a coal royalty reduction. Although no language exists In law forcoal royalty reductions, DNR does have the authority by regulation. State officials say they turned down Usibelli's request because the company failed to tie its argument to the economics of the specific leases Involved, and only used an argument that the reduc- ton would promote development. Sims has vowed to work through the state's appeal process to turn the decision around. He has gained the support of the Re- source Development Council, which believes an increase o7 such " magnitude in royalties will not only discourage new development opportunities at the Usibelli mine, but threaten existing contracts crucial to the mine's vitality. The Council believes a smaller Increase such as that petitioneck. i by Usibelli should be granted and remain In effect for several years to demonstrate stability in government royalty charges. The lower rate, the Council argues, would allow Uslbelll and others to pursue export sales. It may very well be the key to Usibelli getting exten- sions of its existing contract with the Korea Electric Supply Com- pany, which would be In the best Imerest of the state. + L " I'l ,� E r The Economic Limit Factor I -Trickle -down theory at work There has been a tot of talk about the 'big' profits the oil com- panies take out of Alaska. Mr. Erickson of the State's Office of Management and Budget spoke of this at a recent RDC breakfast forum on the ELF. As 1 listened I could not help but feel he was not telling the whole story. I believe the full story involves more than just the oil companies profits and their direct Investment into the Alaskan economy. It is the effect that their presence, invest- ment, involvement and their purchasing has on the hundreds of companies and thousands of citizens in Alaska. The positive effect has been fell by every sector Of our economy. This "lridde-down" effect can be seen with our company, Execu- five Travel Service. We handle travel arrangements for oil com- panies. oil field contractors and hundreds of other Alaskan busines- ses, In 1986 we were among the first 10 feel the slow down in activity caused by the decrease in oil company investment. Not only did contractors reduce their travel, but we saw nearly all other clients reduce their activity. This experience made us realize that we feel we can be an early Indicator of economic activity. We felt the downturn early and watched it affect nearly every layer of our economy. For the last year we have watched the travel activity Increase as the oil companies increase their investment in Alaska. From the start of new drilling to the increased maintenance activity on the North Slope, we have seen not only increased oil company spending but also increases by many of our clients. Our business ' up a whopping 430i6 in the first quarter of 1988, compared to 1987, We can see the "trickledown" effect at work. The economy is rebounding and many companies are feeling the effect of the oil companies' renewed investment, brought about in part by the ELF. Although, not all companies have felt this effect yet, let us remind them that they also did not feel the downturn as soon as some of the rest of us. When Executive Travel was watching its sales -ram Guest Opinion By Randy Goodrich RDC Board Member dive, many of these companies had not yet been affected. The various layers of our economy will be affected at different times. It was a good thing that the Senate was able to prevent the repeal of ELF. We believe it is critical not to upset this 'rebound' by changing the rules. A change in the tax structure (ELF) would upset this cycle. To leave it alone and allow the system to work will lead to increased activity at all levels of the economy. The "trickle -down" theory does work. When times are good, the harvest is enjoyed by everyone — when not so good, we suffer together. Temporalead to any permanenschemes other "unnatural bound.Onlychanges in the market factors affecting our primary industry along with a stable and fair tax and regulatory environment will bring about a revitalization of our eco- nomy. Finally, Alaska is a resource state. Anytime we can help the resource industries to develop the resources in a responsible man• ner, it will not only increase their activity but also the activity Of most other to more jobslaskan companies. and that is good forILL "trickle Hect equates ALASKANSI 15th Alaska Legislature falls short ... (continued from page a) Oil and Gas incentives were received very poorly. Although the unpalatable to legislators bent on providing no flexibility for the Senate was able to preventthe repeal of the Economic Limit Factor Alaska placer mining industry. (ELF), there was no effort made to consider other means of en- State funding for tourism -related capital ro acts was generally couraging either exploration or production. RDC's suggestions, supported, but generally unfunded. State funding to match federal Including the reinstatement of a discovery royalty incentive and spending for South Denall development was not fully funded. It Is other relatively modest proposals, were greatly overshadowed by unknown if the less4han•complete state effort will jeopardize the ADC-9 efforts to maintain the Important ELF incentive. Despite low federal participation or not. all prices and a virtually non-existent exploration sector, Alaska's RDC saw a number of other pieces of pro -development legisla• all and gas Industry narrowly escaped an Increased tax burden 1 oomfa� sightious of the stages progralegislative oisroyalty relief for coal mines this session. ROC'sproposalstofmplementstatutoryteeth to enforce a strong to streamlining the slate's tax collection process tailed to pass the constitutional mullip*use mandate for state land management legislature this year. No matter how often you hear a legislator tell ended up without many.toeth left. RDC proposed legislative review you how smooth the session was this year and how simply the of large mineral closures and a better, more descri-plivedeffnition adjournment process was handled, remember that it was possible. Of "multiple•use "As they travelled through the process, these prop- only because so little was accomplished. Deets became so watered down they hardly mattered and even legislative and sessions. se sions.nue issues policy considerations especially new or In - dominated these two �ten they didn't pass. Water Quality, one of the big Issues from 1988, never received novative ones, were avoided as often as possible. Unfortunately serious attention in the House. Placer mining apparently dropped for RDC, our agenda has historically asked the state to take c9rtain from the list of industries meriting legislative concern. RDC's prop- calculated risks in order to improve its economic station. Pro•de- osal, designed to satisfy the critics of earlier legislation, asked only velopment legislation has been thwarted again — does this surprise for consistency with federal regulatory requirements. Even this was anyone? May 1988 / RESOURCE REVIEW / Page 7 L L Public Notice cuf8gr1jr of Application if Alaska District • hall tolofti. MEV04 of , for Permit p r rq►. CRY cly Regulatory Branch wac wads --p cnr cierR Post Office Box 898 rMa --E3 Anchorage, Alaska 9950b-0898 «M1Y susmnte0 PUBLIC NOTICE DATE: 25 Map"IR ONG pr« ct--- EXPIRATION DATE: 24 June 1988 c REFERENCE NUMBER: 1-880307 WATERWAY NUMBER: Kenai River 212 Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States, as described below and shown on the attached plan. APPLICANT: Mr. Larry Powers, Post Office Box 67, Soldotna, Alaska 99669. LOCATION: Mile 1.1, Right Descending Bank, Kenai River, section 4, T. 5 N., R. 11 W., Seward Meridian, U.S.G.S. Quad. Kenai C-4. WORK: Construction of a 70' long x 16' wide floating dock connected to the s-line with a 134' long x 14' wide access ramp. pUR_ F- OSE: To provide facilities for commercial fish buying and fishing industry support services. ADDITIONAL INFORMATION: Contact Mr. Ronald D. Rice, P.E., agent for the app can , at os ce Box 1170, Soldotna, Alaska 99669, telephone (907) 262-9011. WATER QUALITY CERTIFICATION: A permit for the described work will not be Issued until a certification or waiver of certification as required under - Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c)(3) of the Coastal one anagement Act Of 9 , as amended by 16 U.S.C. 1456(c)(3), requires the applicant to certify that the described activity affer.ting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Y Budget, Division of Governmental Coordination has concurred with the t applicont's certification. PULL HENRING: Any person may request, in writing, within the comnen �ed.in this notice, that a public hearing be held to consider period spec tnis application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. r M. L ;t - >r , i t 404 0 ♦ . CULTURAL RESOURCES: The latest published version of the National Register of Historic Places has been consulted for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he io otherwise unaware of the presence of such resources.. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. ENOANGERE0 SPECIES: No threatened or endangered species are known to use re project area. Preliminarily, the described activity will not affect endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use the project area: Steelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon, Canada Goose, Lesser Canada Goose, White -fronted Goose, Bald Eagle, Trumpeter Swan, Tundra Swan, Mallard, Lesser Sandhill Crane, and Peale's Peregrine Falcon. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methoas of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. SPECIAL AREA DESIGNATION: None. EVALUATION: The aecision whether to issue -a permit will be based on an eva-"-luaation of the probable impacts including cumulative impacts of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics; -aesthetics,-general- environmental concerns, - wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, W .t. recreation, water supply and conservation, water Quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. AUTHORITY: This permit will be issued or denied under the following aufRo-FTET. Perform work in or affectingnavigable wwater ers of he United States -Section 10 Rivers and Harbors Act Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. If further information is desired concerning this notice, contact Mr. Ralph W. Thompson toll free from within Alaska (800) 478-2712 or at (907) 753-2712. A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers 1 1) That+ pro rl.y }e to^e4.ed 'rrrrtl pe wSu �� in Sec. 4. pf�N. Rt1W. Ak.tfull K&. i 5 mvn 21 No fill to �e aced t between H L en t-A 31 Thin protect will provide _ Miu +�-� upppart $ rvlce• Qr cgmm. A pl in h i np ! � s ah hond! 1 n0 1. - NACZQ BAR — - }� pNEp tO rom oak face. f $ 7 KEN 6 f S 44. 0 30 E-275.00 UN5U8 ICINII. GS QUAD„KE• NNAIlICC-• w 60TLK . 3 m I LON. soaaa! 15" N LOT 2 w KRISTINE NTL a +7-5.2 N tV MNW z +IA.1 APM)f v MLLWaO o { v v i Z to pppp A A90V HTLLD. APPROX. HTL TOP OF BANK RAMP ...�. a i qqpp 14.0 tJi -- -- MAWROX.- o o ain ILI o Typ. Screw Anoka ✓� APPROX. MLLW -10 L+-10 VIL - I +-12 +-11 r� �. FLOW ?.' KENA I RIVER (Mi . ) . i ) ADJACENT OWNERS -- - --- -- 1).Donald PtedrickwnBFr♦ " 11 NOTE: - - - — -- - ?iDoneld Fredrickson +-9 M LW%,ARE BASSO P A�-V - OWNER: LARRY POWERS - - - — - - --- - - -- —.' Kristine 8uba. Dior 1 lot 3. Blk. 3 0 80X 67 8eo4. TON, R11W. S.M. + — �r� Ul AK. 99669 ertal RWer MI. t t 0 25 50 100 200 1.5.88 SHcET I of 1 I" HOSOi/1"Al It. ZiZ RICE•BmrFORD 6 A9soaArES, IMC. MR. t-ARRy POWQR,5 Red Donad Caaei a P.O. Bmt 1170 a So►ddna Ak*a 99669 + ; ENGINEERS 19071�62.9011 SURVEYORS fi - - -- - — — LrJ:_.. i r- O F9 AAR rh\(RR.. AA OFFICE OF TER GOVERNOR OFFICE OF MANAGEMENT AND BUDGET STEVE COWIEX GOVERNOR Po. BOX A W JUNEAU. ALASKA MI t-0t6S PHONE INN) 465-3562 DIVISION OF GOVERNMENTAL COORDINATION STATE OF ALASKA DIVISION OF GOVERNMENTAL COORDINATION Notice of Application for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division of Governmental Coordination for concurrence, as provid- ed in Section 307 (0(3) of the Coastal Zone Management Act 1456 f 1972, as amended (P.L. 94-3701 90 Stat. 10131 16 U.S.C. 1c)(3))• that the project described in the Corps of Engineers Public Notice No. , will comply with the Alaska Coastal Management Program an that the project will be conducted in a manner consistent with that program. Any person desiring to present views pertaining to the project's compliance or consistency with the Alaska Coastal Management Program may do so by providing his views in t riting to the _ Division of Governmental Coordination, Office of Management and Budget, Pouch AW, Juneau, AK 99911, within Y days of publication of this notice. i J r . L i 1 i ' k DEPT.OF ENVIRONMENTAL. CONSERVATION NOTICE OFFAPPLICATION STATE WATER QUALITY CERTIFICATION SMW C0*7% GOVMNM T0100"".. (807) 465-2600 Arran P.O. Box 0 Juneau, AK 99811-1800 r , Any applicant for a Federal license or permit to conduct any activity which may result in any discharge into the navigable waters most first apply for and obtain certification from the Alaska Department of Environmental Conser- vation that any such discharge will comply with the Clean Water Act of 1977 (PL 95-217), the Alaska Water Quality Standards and other applicable State laws. By Agreement between the U.S. AmnW Corps of Engineers and the Alaska Department of Environmental Conservation application for a Department of the Army Permit may also serve as application for State Water Quality Certifica- tion when such certification is necessary. Notice is hereby given that the application for a Department of the Army Per- mit described in the Corps of Engineers Public Notice No. 1-880307 also serves as application for State Water Quality Certificaflon from t5f Alaska Department of Environmental Conservation, as provided in Section 401 of the Clean Water Act of 1977 (PL 95-217). The Department will review the proposed activity to insure that any discharge to waters of the United States resultingg from the referenced project will comply with the Clean Water Act of 1977 (PL 95-217) the Alaska Water Quality Standards and other applicable State laws. Any person n desiring s y pto co writing to: on the water quality impacts of the proposed project Alaska Department of Environmental Conservation Southcentral Regional Office 437 "E" Street Second Floor 0 011 • Anchorage, Alaska 99501 Telephone: 274-2633 within 30 days of publication of this notice. Attachment 3.--.-_.-.-- MUNITT lac REGIONAL AFFAIIKS 1�� 0F COM RURAL DEVELOPMENT DIVISION May 6, 1988 11am STEVE At j= O Ap:aueox, ALASKA 99011.2110 ' PHONE.1907) 46S• M C] 049 E. 36TH AVENUE, SUITE 400 II ANCHORAGE, ALASKA 99500-4302 PHONE. M?) 503.1055 U P.O. 80x 80 JUNEAU, ALASKA 90511.2102 PHONE (907) 4654014 q 1614 CUSHMAN STREET ROOM 200 PAIRWNKS, ALASKA 99701.6220 PHONE. (907) 455.1505 U P.O. BOx 1065 Mr. William J. Brighton ,�'b `-.A� NOME.ALASKA 09702.1005 City Manager ,c � 0��;9� }�► o PHONE. MY)I59.2275 City of Kenai �* r: Q k �. �? ro Q RETIE ALASKA 99559.0315 210 F i da 1 go Box 30 V PHONE: (99n 513.2853 Kenai, AK 99611 f 1 Dear Mr. Brighton: Thank you for submitting your PreApplication for funding under the Economic Development category of the Rural Economic Development Initiative program (REDI). The PreApplication Review Committee (PARC) has completed their review of your PreApplication. Until the City of Kenai is able to clarify the following items of concern, the PARC cannot recommend this PreApplication for continuation to the Final Application stage. It was the concensus of the PARC that the project, as presented, did not adequately meet the REDI grant program objectivesl a large part of that determination was based on the City of Kenai's marginal LMI status, and the fact that many of the businesses which would directly benefit would probably not Il fall into the LM1 group. Overall, it was felt that the degree of need described was not as great as that demonstrated by other applications. Additionally, the budget did not identify, specifically, how the requested REDI funds would be spent and the economic development link to tolarism was not firmly established (jobs created or retained, expected community -wide increase in income, how many businesses would be affected, etc.). The PARC recognized the community's desire to expand the capabilities of this recreational facility. However, given the nature of other applications presented for consideration, it was felt that this project would require additional justification and clarification in order to be considered by the PARC at a later time. - - - I If you have specific programmatic questions please contact the Rural Development Divsion Office in Juneau at 465-4890 or write to P.O. Box BC, Juneau, AK 99801. I Sinc rely, i� 21•Paw �udith A. Holden D1nnb I+r•+wFn 11A.wJwJn�ireFnr 1-2 .a f, is 1 r' KENAI PENINSULA BOROUGH ham,N. SINKLEY 9 SOLDOTNA, ALASKA 99669 PHONE (907) 262.4441 /N40Q - - CONN C I1- 1 DON GNLMAN � n, ♦ .� ^ IF f/ 7.N MAYOR May 11, 1988 N� OF KC•N ti ' r��• /�•�� Si; 8� �ZcjZ � Mr. Bill Brighton City Manager, City of Kenai 'tOR�CCty (A0fN1EEM-o AUVM 210 Fidalgo A&:®Pv►ne work: --Q C"I cleat Kenai, AK 99611,E lHO4 to y= V Subma ft"M YK pNs OYer Dear Mr. Brighton, As per the request from the Kenai City Council, I have enclosed a set of Kenai Landfill Plans. The closeout of the Kenai Landfill includes; adding 2 feet of topsoil and then seeding as indicated on sheets 4 and 5 of the wplanslowing (10)myears. of the 3 If you have any questions please call me at 262-9657. Sincerely, (16TA., Catherine Mayer Engineer Technician Solid Waste Division CM/ lh cc: Ken Brown, Public Works Director Don Gilman, Borough Mayor attachments r =MFo-7 c s�i�o •g CITY OF KEI 110 PIOAL00 KENAI, ALASKA 66611 TELEPHONE 463.MIS 'Y 00/1 N �/ Ci�t '4t• i:7 �O %_„ P Lr •43 CITY OF KENAI O,sQ�'< BACKGROUND AND PERSONAL DATA -CANDIDATES SSIO �i6�8� � ENT TO OMMITTEES AN NAME o lee 9// Resident of City of Kenai? i �j How long? d,�r4/ Mailing Address /�i//� - 0 `, Tel n A /vc 4&04 c Bus. Address /M d -v4p Presently employed by Job Title_�,�e/�e.c OBStyl v/�✓�C S'rl�isosc Name of Spouse Nevi e Current membership in organizations: A/ �.l Past organizational membership: )/. F. w. . a."-', tau M - Committees #ntereeted ins r-- i sNFo-9 i OLDER ALASKANS COMMISSION FY dS NUTRITION AMU UUPPORTIVa SEMVIC 'S STAFF FUNDING PECOMMENDATIUNS APPLlC:1NT: City of Kenai - Kenai Senior Cantev, ADDRESS: 361 Senior Court Kenai, Ak. 99611 AUTHORIZING PERSON: William Brighton 263-7530 (Phone) PROJECT DIRECTOR: Patricia Porter 203-4156 (Phone) TYPE PROPOSAL: XX_ Nutrition and Supportive Services Adult Resoite/Day Cara Case Management _PERS BUDeC'i SUMMARYs FY 88 AWARD FY 89 REQUEST RECOMMENDATION State Funds $ 141,402 S 141,402 s 141,402 Match 15,711 15,711 15,711 USDA 9,212 10,217 10,217 Program Income 18,a50 ig,600 19,600 TOTAL 104,675 186,530 196,930 Other Resources 76,817 74,1366 STAFF RATIONALE AND COMMENTSs Staff recommends fending the City of Kenai nutrition and supportive services PrORMIA at the requested amount of S141, 402 which is the same as the FY 88 award amount. STAFF GRWi4T 1-4 VIEW AJNMARY SERVICES PP. RSONS UNIT`-; OF PROPOSEDt PRIORITY: TO BE SERVED: SERVXCE3 congrogato meals 1 6".00 t4400 horde delivered moa 1!s 1 78 3600 tranucartation 1 ISO 13O O escort 41uA 70 30(:)4:1 inforroation/roforraI a%Ux t25 �640 shopping assistance p[r 75 homceroaker/emore 1 qa 520 PROGRAM MANAGEMENT CRITERIA COMMENTSa RERCENTAGEs 85% The applicant has provided excellent manageroent. rho application was well written. Thero is poop use of staff and v*luntoer ra%ourcets. r. urront year per-! rrroance h n met uwr oxcesdod expectations with a 17% increase from FY S7. Program reports aro accolrate and t irately. swwr REVIEW t;Qpll"It:hr'i's;: PERCENTriGEs 96% Thi% aoalic•ant nro entea zn excallont midget. The budget is basically mrso antrtct FY 38. I r,creases are in progr'ard inc•:•sae Find dire !3hown in Ken-4-1 Dor:el.tgn revenue sharing. L i IiM �a1� �oo�ooIIt i) i i os�i oo��oil: iQ g � �g .A�q jop S o80o�«-ot � D 0000� 00 � a �fl� O a 0 0 0 0 10 D 0 0 -� - - - !�i oihoo�000 o�oo�CD N y,� 0----oo- 1---- `�+' OLDER ALASKANS COMMISSION FV 89 NUTRITION AND SUPPORTIVE SERVICES STAFF FUNDING RECOMMENDATIONS APPLICANTS City of Kenai (Forget -Me -Not Day Care) ADDRESS$ 7104 Mission Kenai, Ak. 99611 AUTHORIZING PERSONS William Brighton 883-7530 (Phone) PROJECT DIRECTORS Patricia Porter e83-4186 (Phone) TYPE PROPOSALS _ Nutrition and Supportive Services XX_Adult Respite/Day Care _,,,,,,.Case Management PERS BUDGET SUMMARY$ FY 88 AWARD FY 89 REQUEST RECOMMENDATION State Funds 8 72,200 • 779081 • 769306 8,4708 Match 81022 89568 USDA Program Income 0 29600 O 29400 39000 TOTAL 829822 88,046 87,784 Other Resources 249074 159521 STAFF RATIONALE AND COMMENTS$ Staff recommends funding the City of Kenai's Day Care program at e76,306 which is •4,106 more than FY 88 operating level but $773 less than requested. This project fully justifies the increases requested. The additional recommended funds are new Federal Part D In - Home Services funds. Staff will be proposing regulations which should enable day care centers to generate more program income. i, r. F 7 STAFF GRANT REVIEW SUMMARY SERVICES PERSONS UNITS OF PROPOSEDo PRIORITYo TO BE SERVEDo SERVICEo Senior daffy care 1 16 1.9000 PROGRAM MANAGEMENT CRITERIA COMMENTSo PERCENTAGEo 88 This was an excellent application. The project currently serves nine Alaheimers and dementia impaired victims with two staff. They have made excellent use of volunteer resources. The request for additional hours will allow the project to adequately supervise clients when vacation or sick leave is taken and have the necessary time to perform care planning, evaluation and documentation responsibilities. FV 88 monitoring results verified the need for staff hours for the above activities. The activities program was excellent. BUDGET REVIEW COMMENTSo PERCENTAGEo 98 The budget was excellent. Calculations and narrative were accurate and complete. Reports have been accurate and timely. Request for personnel hours are to add one hour per day for the activities director and funds to pay for a trained substitute when staff are sick or on vacation. The reduction in other resources reflects an unfunded Title V position request from FY 86. OTHER COMMENTSo t Ill s'�6�frg rr�{ m 0 0 p p I I O O o�oo�Go� � --------- ---- _411M o�ZSp oe4 ��pp I v 00000 O O O O O O O O O O v 1 0 0 0 0 0 `QQ• fM "I �NFa-I/ i AGENDA WASTE DISPOSAL COMMISSION MELTING 2oZ`2223?OpsCIN June 1, 1988, 7:30 p.m. ��, �- � Borough Maintenance Conference Room ;, q C'i�C9�S O,r Ol.`< P ut F�'P .r 1. Convene/Roll CallOtg�L9�� �� 4 << 2. Acceptance of Minutes - 3/2/88, 4/6/88, 4/20/08 3. Agenda - approval and/or changes 4. Public Comments (30 minutes maximum) - anyone wishing to speak publicly on waste disposal concerns and issues. S. New Business (public Comments are limited to 2 minutes) (These are not public hearing items) A. Transfer Site Locations B. Introduction of Item(s) by Commission Members 6. Correspondence - approval and receipt 7. Commission comments S. Adjourn ""I H 11 0 0 W W (AO $4 $4 U NOO•U3 -- -- -.- v UU14 04 9: 1+ > 0. ,r. 0 a ` w 9E+�H E4 -A000 4 E4 M O c N .•1 r4 y•-ir4W b o 4. H� acnNa i V M $4 �7► b 04W0 •U'•&••NI V>f J w o •WW w,0a! 44 ODU> Y wI a s _ .. . •1 W 0 14 0000 0 O OO W ♦ • • in N G1 �•1 R� fr' _ rq_ U U N NOOid 0O 0o 00 m 0o co 00 CO oMo�o in Ln kn in 4{ .r, rj F'' �I Fo rge -Me -Not on ��Flyer Sponsored by Older UR Alaskans Commission and City of Kenai -KENAI SENIOR SERVICES Program Coordinators Liz Schubert Phone: 283-7294, 1104 Misnion A+io. Activity Specialists Louise Earle Service Hours: 9:00 - 3:00, M-F I E MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY ILY ACTIVITIES Hot Lunch 1 Room Decoration 2 "Lets Talk" 3 "PA" Game Trent Events Exercise Devotional Mountains Mind Jogger Quize Transportation Bible Share Movie Active Games Group Discussion Flash Cards Music Games/Cards Bingo Cards/Games PPY 6 8 9 10 Birthday! Kay Balloon Volleybal "Lets Talk" Vacations �� �� Famous Pairs TR OUT IZ Bar B Que 4Crafts, Bible Share Bingo FISH HATCHERY Birthday Show Bingo BARB QUE 13 14 15 16 17 "Famous Last - Support Grp, 12t00 Bar B Que Father's Day Names" Game �� What would you Name Game Volunteer Mtst 3:0 Bible Share buy?" game Bingo Movie Food Preparation Bingo Bingo 20 21 22 23 24 Bread Bake A.B.C.'s of Summer - Game Remembering Blood Pressure Making Ice Summer -Slide _ and Weight Day -Cream- Head to Toe Show Hour - - -.. -- Float Flowers - - - -Bible Share - Famous First Name .• movie -- Cookie 27 28 29 30 Bake Crafts "Let's Talk" Picnic at Liz's Sea Shore Bingo "con" Game Bible Share Berry Picking Bingoe SWAMI Nature Walk JUNE CALENDAR HIGHLIGHTS S - Kay T's Birthday 10 - OUT TRIP - BAR B (Weather Permitting) ' Kasilof Fish Hatchery Johnson Lake Campground • •� 14 - 10:00 am KSRM Radio 'Y Sound Off - Alzheimer's Disease Family Support 41� • Group/Forget-Me-Not 12s00 Caregiver Support Group Meeting � 3s00 Volunteer Meeting ,. 19'- Father's Day 28 - Teleconference - Heritage Place 2s00pm Understanding the Aging Brain 30 - OUT TRIP - to Liza 1 Bar-B-Que and Nature Walk (Weather Permitting) t CAREGIVER SUPPORT GROUP j _- The Caregiver Support Group will meet at 12:00 pm on Tuesday, June 14th (Flag Day). Guest Speaker, Beverely Tallman, from the Alzheimer's Disease and Related Disorders 1 Association, located in Anchorage. will be here to discuss RESPITE CARE. All caregivers are encouraged to come to learn about the respite care grant available and to discuss their needs and concerns regarding respite. LOUISE'S CORNER "JUNE" The Flower for the month is the Rose and the Stone, Moonstone or Pearl. It's Dairy Month, American Rivers Month, National Rose Month, National Adopt -a -Cat Month and Zoo and Aquarium Month! National Safe Boating Week, 5th - llth j National Flag Week. 12th - 18th National Little Leaque Baseball Week. 13th - 19th DATES TO REMEMBER f 3 4 - Old -Maids Day!- ; i' S - World Enviornment Day 9 - Senior Citizens Day - 12 - Childrens Day 14 - Flag Day 19 - Fathers Day 20 - let Day of Summer 26 - National Tobacco Spitting Contest! LOUISE'S CORNER (continued).... We'll be talking alot this month about Summer, vacations, fishing, going to the seashore. Several bar-b-q-'s are planned, with an ouWA to the Kasilof fish hatchery and another to- zeal, house. We plan to continue working on our 4th of July float this month, all the blueprints are 1 finished. The participants and volunteers are working on our Forget -Me -Not trees and carna- tions for around the float. Hope t at everyone has plans for a nice summer. Love a- VOLUNTEER NEWS This month volunteers meeting will be held at 3:00 pm on Tuesday, June 14th. Training for this month will be on emergency procedures. All volunteers are encouraged to attend. Mr. Gale -!- McCord from LOVE, Inc. is also scheduled to speak! We would like to thank all those that attended the day long training May loth, and we would like to welcome aboard Pearl Beesler and Lois Ann Stynsberg as new volunteers completing orientation. Pearl will be helping out on Monday. Wednesday and Friday and Lois on Thursday Thanks to all the volunteers that attended our early morning Open House, we really appreciated your support. Extra volunteers will be needr� this month on our outing to the Fish Hatche � please let Louise know if you are available. All volunteers are invited out to Liz's to partake in a B-B-Q on June 30th, let us know if you can come. A MESSAGE FROM THE COORDINATOR Good news to share regarding our grant to the Older Alaskans Commission for funding in 88/89. The grant package was well received and it looks like the Center will operate successfully in the next year. To date over $2400.00 has been donated towards program supplies, by free-will contributions of participants. At present there are eleven participants enrolled in the Adult Day Care Program, the average age is 74 years. Our oldest participant is 87 and the youngest is 61. Eight of eleven participants are diagnosed with a dementing illness. Many thanks to Frankie Nordmeyer, Ruth and Sherman Pritchard and Ruth Hipbshman for helping Out with grocery supplies and items needed for the 4th of July float. We also appreciate all the Bingo items recently donated and recycl (This months grocery list includes: Walnuts, lBaked beans, brown sugar, pickles, hotdogs, lkleenex, paper towels, planting soil, watermelon, eggs, 101bs potatoes, jar of honey, sugar free lime jello. Again, your help is appreciated. Till next month. Love. A. r ral Amm - - - KENAI SENIOR CENTER 361 SENIOR COURT, KENAI 9 ALASKA 996.11 ' PHONE 907-283-4156 SUNDAY MONDAY i i TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY i 2 CAREY 3 TALK BIN00 BOWLING . SHOPPING SWIMMING BANQUET FIT -AGAIN CRAFTS FIT -ALAI S 6 WISE 7 NEW 8 9 DONALD 10 DECISIONS GUINEA DUCK'S PA PINOCHLE SWIMMING SHOPPING SWIMMING BOJWLING ..•�e,ur. ete� r euso ue RiNRA i 'i f' c; u i. A MESSAGE FROM,THE DIRECTOR JUKE BIRTHDAY CELEBRATIONS JUNE BRINGS THE BREATH OF SUMMER, BETH TAESCHNER 1 GRADUATION, FATHER'S DAY. FLAG DAY, AILLIE W EDY TWEEDY 4 WEDDINGS, PICNICS, AND THE JOY OF LILEN LILE ROBEjiHT 4 OUTDOOR ACTIVITIES. THE KINGS ARE IN HELEN KNIGHT S THE RIVER AND THE CLAMS ARE READY TO HAY S BE DUG......JUNE I8 WHAT WE HAVE ARGISTUMSUDEN HELEN HAROI8 9 WAITED ALL WINTER FOR! JEWEL MOWOO14E j THE COUNCIL ON AGING RECOMMENDED TO ROY OALDE 1� 1 THE KENAI CITY COUNCIL THAT THE FREDDAMABEL RROOLLEY WOODSHOP BE CLOSED AND THIS AREA i3�� REMODLED TO ACCOMODATE THE FREIDA EDWAR 13 TELEVISIOWREADING AREA. CURRENTLY, FRANK STANLEY 1 THE BOARD I8 WORKING TOWARDS AN JEAN ROWLEY EXPANSION TO THE CENTER WHICH WOULD GENE MIBROWADISN S PROVIDE FOR ADDITIONAL LOUNGE, 6 - - RECREATION. EXERCISE/MEETING AREA AND EORGEBIOANI 7 �DINING ADDITION. THE CONGREGATE ELSIE HANLLY 8 HOUSING UNIT IS STILL FORMOST IN OUR PAUL SHADU 18 PLANS......WILL BE MEETING WITH OUR ETTA ETTA BROWN 18 AREA LEGISLATORS THIS SUMMER TO MICKROSE 19 :( DEVELOP A PLAN OF ACTION, LABAREE 19 i BE SURE TO STOP BY THE CENTER AND ELEANOR KIEL 20 f; NOTICE THE CLEARING WORK BEING DONE pAULINE UNRUH 23 q BEHIND THE CENTER. ...ALL FOR YOU TO CASEY JONES 26 SEE THE VIEW BETTER. REMEMBER TOO STANLEY WILSON 26 THAT WE HAVE PICNIC AREAS FOR YOUR BETTY KREITER 26 ENJOYMENT... -WHY NOT BRING YOUR ESTHER PETEET 27 j FAMILY AND ENJOY! JUNE 13TH IB NATIONAL HUG DAY....WE FLORENCE SAVAGE 28 8� ' WILL HAVE ANOTHER HUGGING CONTESTL. JEANNIE SADLER FIOCLA WILSONIL80N 30 THIS DAY IS SET ASIDE TO HONOR, RECOGNIZE AND EXPRESS APPRECIATION TO MALCOLM ANDERSON OTHERS. NOW, FOR THE FAMILY NEWS... -OUR SECOND GRANDCHILD IS HERE! HER NAMEES MIDISON CHRISTINE GIFFORD, AND SHE ` IB JOHN AND MAE HAKALA + NOW GRADUATED ANED WILL BOUR EVLEAVING FOR ED SELDON H HOLLAND � 8 11 CENTRAL WASHINGTON UNIVERSITY IN SHIRLEYAND SHIRAND DON JACK AND VIVIAN MC CAIN 11 SEPTEMBER. I'AM NOT SURE HOW MY CA" AND MARSHALL BODLE 19 HUSBAND, LARRY, AND I WILL HANDLE AN WALLY AND EL8IE 8106ACK 21 EMPTY HOUSE....! STANLEY AND HILMA HERMAN 26 HAPPY THOUGHTS.... -.PAT WILBUR AND SURNETTE GEARY 28 TED AND JEANNIE SADLER 28 TRIP TO HOMER DAVE AND ELEANOR YOUNG 30 A DAY TRIP TO HOMER....JUST FOR THE FIN OF IT! COST PFR PERSON 18 65 AU AND SHOULD BE PAID W14FN SIGNING UP. WHEN SIGNING YOUR NAME PLEASE CHECK IF YOU WOULD PREFER TO EAT AT THE SENIOR CENTER OR A PRIVATE RESTAURANT. LEAVING THE CENTER AT 8t3OAM AND RETURNING P ■ =� DOWN THE ROAD---_.- AGAIN....SHOPPING, DOCTOR APPOINTMENTS, SIGHTSEEIN139 ETC., COST IS $10.00 PER PERSON.- THE VAN LEAVES KENAI AT 6 A14 ... WHEN WE ARRIVE IN TOWN WE WILL HAVE A DEFINITE SCHEDULE .... SO IF YOU HAVE SPECIAL PLACES TO GO PLEASE LET US KNOW TWO DAYS AHEAD. , r, RUSSIAN EMBROIDERY, OR PRETTY PUNCH, WILL BE PRESENTED AT 9i3OAM ON THE 13TH OF JUNE. THIS IS AN EXTRA CRAFT CLASS .... SO BE SURE TO SIGN UP IF YOU ARE INTERESTED. TRIP TO IF YOU NEW GUINEA HAVEN'T MADE THAT TRIP TO NEW GUINEA AND DON'T FORESEE ANY IN THE NEAR FUTURE.....PASTOR SHAWN HAS OFFERED TO COME AND PRESENT HIS SLIDES AND TALK FOR YOU. BE SURE TO COME EARLY FOR A SEAT IN THE CRAFTROOM ON THE 7TH AT 1PM. PASTOR SHAWNt AND HIS WIFE, LIVED FOR SEVERAL YEARS IN NEW GUINEA AND HAVE MANY EXPERIENCES TO SHARE. Q MINgRIS DAY BBS! IN CELEBRATION OF FATHER'S DAY THE CENTER WILL BE HOLD A NOON BARBECUE TO HONOR ALL FATHERS. YOU WILL NEED TO RESERVE YOUR STEAK BY THE 15TH. WE PLAN TO HAVE SPECIAL ENTERTAINMENT U. AND DOOR PRIZES. DONALD DUCK WILL BE 54 YEARS OLD ON THE 9TH OF JUNE.....COME AND HELP US CELEBRATE!!!!!!! SURVEY FORM...NIKISKI THE KENAI SENIOR CENTER IS HELPING A GROUP OF NIKISKI SENIOR CITIZENS CONDUCT A SURVEY, OF THE NORTH KENAI AREA, TO DETERMINE IF THEY HAVE ENOUGH INTEREST TO OPEN A MEETING PLACE. SURVEY FORMS HAVE BEEN MAILED AND ARE REQUESTED TO BE RETURNED BY THE 15TH OF JUNE. IF YOU WOULD LIKE MORE INFORMATION CALL THE CENTER OR DOROTHY RICKS AT 776-8639. PERSONS BEING CARED FOR AT HOME WHO HAVE A MEMORY IMPAIRMENT (SUCH AS ALZHEIMER'S DISEASES MULTI —INFARCT, ETC.) AND ARE 60 (AND OLDER), MAY BE ELIGIBLE FOR PLACEMENT IN A HOSPITAL OR NURSING HOME IN A DESIGNATED COMMUNITY FOR UP TO TWO WEEKS. THE PURPOSE OF THIS RESPITE CARE PROGRAM IS TO GIVE CAREGIVERS A TEMPORARY BREAD FROM CAREGIVING STRESS, THUS POSTPONING OR PREVENTING LONG TERM CARE. THE PROJECT IS FUNDED BY THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES THROUGH THE OLDER ALASKANS COMMISSION, AND ADMINISTERED BY THE ALZHIEIMER'S DISEASE FAMILY SUPPORT GROUP. IF YOU WOULD LIKE ADDITIONAL INFORMATION YOU MAY CALL THE SENIOR DAVE CAREY9 CANIDATE FOR LEGISLATIVE OFFICE, HAS OFFERED TO COME TO THE CENTER ON THE 2ND OF JUNE AT 10a30AM TO DISCUSS THE EFFECTS OF SENATE BILL 56 AND 57 WHICH WILL EFFECT THE LONGIVITY BONUS. HE WILL MAKE A SHORT PRESENTATION AND OPEN THE REST OF THE SESSION FOR QUESTIONS AND ANSWERS. THE PHOTO CONTEST IS OPEN TO ALL SENIOR CITIZENS OF THE KENAI PENINSULA BOROUGH. YOUR PHOTOS WILL BE ACCEPTED FROM AUGUST 15 THRU SEPTEMBER 14. JUDGING WILL BE HELD ON SEPTEMBER 15TH. PHOTO'S WILL BE ON DISPLAY THE 15TH THROUGH THE 25TH OF SEPTEMBER. IF YOU ARE INTERESTED —STOP BY THE OFFICE TO PICK UP A COPY OF THE RULES AND -REGULATIONS..... -GET OUT THOSE CAMERAS. L by r— D A SLIDE SHOW ENTITLED, 'MAKING WISE DECISIONStLONG TERM CARE AND YHOU,` WILL BE PRESENTED AT 1PM ON THE 6TH OF JUNE. IF A SUDDEN ILLNESS OR DISABILITY MADE IT IMPOSSIBLE FOR YOU TO CARRY ON AS YOU DO TODAY, WOULD YOU KNOW HOW TO FIND HELP? WOULD YOU KNOW WHAT KIND OF HELP WOULD BEST SUIT YOUR NEEDS? HOW WOULD YOU PAY FOR THE LONG TERM CARE OR SERVICES THAT MAY BE REQUIRED TO ENABLE YOU TO CONTINUE LIVING IN YOUR OWN HOME? DO YOU KNOW HOW MUCH NURSING HOME CARE COSTS? COME- - TO THE SLIDE PRESENTATION TO HAVE THESE QUESTIONS ANSWERED. I & iy 1 TRIBUTE TO FATHER'S DAY •��� •+0 HAPPY FATHER'S DAYS FATHER, w \rd WITH LOVE FROM YOUR SON AND UGHTEV THIS DAY IS SET APART TO HONOR DAD, ALTHOUGH HE 18 MORE OF A STOIC NATURE, THE LOVE OF HIS CHILDREN MAKES HIM. GLAD. HIS ROLE I8 THE LEADER OF THE HOUSEHOLD TO CARE AND PROVIDE FOR THOSE IN HIS FOLD. MANY A CARE AND DECISION HE MUST SHOULDER TO GUIDE AND DIRECT HIS CHILDREN UNTIL THEY ARE OLDER. SO IT IS WE CELEBRATE HIS DAY WITH HONORABLE MENTION, AND SHOWER UPON HIM OUR SPECIAL ATTENTION. WHAT DO CHOLESTEROL, SMOKING, STRESS. HIGH BLOOD PRESSURES AND LACK OF PHYSICAL EXERCISE HAVE IN COMMON? THEY ARE ALL RISK FACTORS FOR CARDIOVASCULAR DISEASE. CARDIOVASCULARE HEALTH FOR OLDER PERSONS WILL BE THE PROGRAM TOPIC JUNE 13THo 1PM AT1THE SENIOR CENTER. DID YOU KNOW THAT ABOUT HALF OF ALL PEOPLE OVER THE AGE OF 50 HAVE NOT FINISHED HIGH SCHOOL? IN 1986 249000 PEOPLE OVER THE AGE OF 50 STUDIED, AND PASSED, THEIR GENERAL EDUCATION DEVELOPMENT CLASS. THE GED IS AN EXAMINATION INCLUDED IN FIVE PARTS, WRITING SKILLS, SOCIAL STUDIESg SCIENCE, READING SKILLS, AND MATHEMATICS. ABOUT 20% OF THE PEOPLE WHO TAKE THE TEST DO 80 WITHOUT ANY PREPARATION AT ALL. OFTEN ADULTS FIND THAT THEIR LIFE EXPERIENCE, INCLUDING THE READING THEY HAVE DUNES HAS SUFFICIENTLY PREPARED THEM TO EARN THE BED DIPLOMA. IF YOU HAVE ALWAYS WISHED YOU HAD THAT HIGH SCHOOL DIPLOMA....,.GIVE THE PENINSULA LEARNING RESOURCES CENTER A CALL AT 283-3340 FOR MORE INFORMATION. THE CENTER HAS APPLICATION FORMS AVAILABLE FOR THOSE PERSONS INTERESTED IN SERVING ON THE SENIOR CENTER ADVISORY BOARD, STOP BY THE OFFICE AND PICK ONE UP! FOR THE FIRST TIME EVER....THE MISS ALASKA PAGEANT WILL BE HELD IN THE KENAI CENTRAL HIGH SCHOOL AUDITORIUM. DURING THE WEEK THE CONTESTANTS WILL BE IN TOWN THEY WILL BE HAVING LUNCH AT OUR CENTER ON MOVDAY THE 13TH. TERESA MURTAN, 1987 MISS ALASKA, WILL SING FOR US DURING LUNCH...... PLAN TO MAKE THIS DAY ...... SUCH LOVELY SIGHTS TO SEE!!!!!!!! QUILT DISPLAY DIG OUT THAT FAVORITE QUILT....IT'8 TIME TO SHOW THE WORLD HOW UNIQUE IT t REALLY IS.....SESIDES ALL THE WORK THAT WENT-- INTO -MAKING - -1T� - WE -WML DISPLAY THEM DURING THE WEEK OF THE 20TH. BRING THEM TO THE CENTER ON- THE - 20TH AND PICK THEM UP ON THE 24TH. j PLEASE ATTACH YOUR NAME AND PHONE ! NUMBER TO THE UNDERSIDE. WE WOULD BE I HAPPY TO PRINT A SIGN FOR YOUR DISPLAY, TYPE OF DESIGN, WHO MADE ITS ETC. i I_ L- u _J r-- �F' s 3 THE WORD "AEROBIC" TECHNICALLY MEANS "WITH AIR". AN AEROBIC EXERCISE IS ONE WHICH INCREASES THE HEART AND BREATHING RATES FOR A SUSTAINED PERIOD. IT REQUIRES CONTINUOUS EXERTION RATHER THAN FREQUENT STOPS AND STARTS. TO BE EFFECTIVE IN IMPROVING HEART AND LUNG FITNESS, THE ACTIVITY MUST RAISE THE HEART RATE TO A CERTAIN LEVEL AND MAINTAIN THAT LEVEL FOR 15-20 MINUTES. THIS ACTIVITY MUST BE ENGAGED IN 3-4 TIMES PER WEEK, PREFERABLY EVERY OTHER DAY. IF A PERSON GOES 3-4 DAYS WITHOUT EXERCISE, SOME OF THE BENEFITS ARE LOST. EXERCISES SUITABLE TO IMPROVE HEART AND LUNG FITNESS ARE BRISK WALKING, JOGGING, RUNNING, SWIMMING, AND BICYCLE RIDING. DANCING IS SUITABLE IF THE ACTIVITY IS VIGOROUS AND SUSTAINED. ACTIVITIES WHICH ARE NOT AEROBIC INCLUDE WEIGHT LIFTING, YOGA AND STRETCHING EXERCISES, CALISTHENICS, TENNIS, BOWLING, AND GARDENING. THE CENTER OFFERS SPECIAL AEROBIC EXERCISES TAILORED FOR THE NEEDS OF SENIOR CITIZENS THROUGH CERTIFIED AEROBIC INSTRUCTORS. *SPECIAL NOTE# BARBARA BROWN, WHO HAVE BEEN OUR INSTRUCTOR FOR FIVE YEARS, HAS DECIDED TO MOVE TO WASHINGTON...... WE SHALL ALL MISS HER! BARB, HAS BEEN SUCH AN INSPIRATION IN THE EXERCISE PROGRAM...SHE HAS MADE IT WHAT IT IS TODAY!!!! A HUGE SUCESS WITH STANDING ROOM ONLY AVAILABLE. BARBARA IS MOVING, WITH HER FAMILY, FOR A CHANGE IN LIFE AND WE WISH HER THE VERY BEST. THE CLASS WILL CONTINUE UNDER THE DIRECTION OF MARY GREEN. OLDER AND WISER WHAT IS MATURITY?- IT IS BEING ABLE TO CARRY MONEY WITHOUT SPENDING ITI BEING- -ABLE T$ SEAR -AN INJUSTICE WITHOUT RETALIATIONI BEING ABLE TO DO ONE'S DUTY EVEN WHEN ONE IS NOT WATCHED; BEING ABLE TO KEEP ON THE JOB UNTIL IT IS FINISHED; BEING ABLE TO ACCEPT CRITICISM WITHOUT LETTING IT WHIP YOU. "WORDS OF WISDOM TO LIVE SY" RUMOR HAS IT THAT PEOPLE ARE PLAYING MUSICAL COATS AGAIN AT THE CENTER...BUNK IS ALWAYS WEARING NEW COATS!!!! - CAN ANYONE HELP LEE BAILEY FIND THAT LONG LOST "OLD FASHION" OYSTER STEW RECIPE. RUMOR PROMISED TO HELP HIM FIND IT! RUMOR HAS IT....CLARENCE LADD TURNS RED WHEN HE IS IN LOVE! HAVE YOU SEEN THE LADY IN RED???? HER INITIALS ARE E.E. AND SHE WAS RED FROM HEAD TO TOE, TOO!!! DID M.S. REALLY HAVE INSTRUCTIONS TO KEEP AN EYE ON A.C. WHILE MOTHER C. WAS GONE????????? RUMOR HAS IT THAT J.H. AND B.H. WOULD LIKE TO HAVE A SHOWER, TELEPHONE, BED AND KITCHENETTE INSTALLED IN THE CRAFTROOM...AS SOON AS POSSIBLE. DON'T EAT THE SKIN ON POULTRY. IT'S MOSTLY FAT, EAT MORE BREAKFAST CERALS MADE FROM WHOLE GRAIN, OATS OR BRAN. FOR A COOLING SUMMER TREAT, FREEZE SMALL CUBES OF ORANGE, LEMON OR OTHER FRUIT JUICE TO USE IN A JUICE -AND SELZER DRINK. AVOID BUYING ARTIFICIALLY COLORED FOODS, EXCEPT THOSE CONTAINING BETA -CAROTENE (THE YELLOW CARROT COLORING THAT HELPS PREVENT CANCER). SERVE LEFTOVER RICE FOR BREADFAST# ADD SKIM MILK, CHOPPED FRESH OR DRIED FRUIT.-OR-.RAIS.INS, CHOPPED. UNSALTED NUTS OR SUNFLOWER SEEDS AND A SPRINKLE OF CINNAMON. TRY A SMEAR OF MUSTARD ON YOUR SANDWICHES INSTEAD OF MAYONNAISE. JANE E. BRODY.....e 0 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY ---- - 1 HALIBUT 2 PARSLEYED POTAT PEPPER STEAK 3 PIZZA MIXED VEGETABLE TOSSED SALAD HARVARD BEETS DUCHESS POTATOES PEACHES CHEESE ROLL FRUIT YOGURT WA ROLLS TAPIOCA PUDDING SHERBET COOKIE DATE BARS 6 SHORT RIBS 7 SWED. MEAT BALL 8 REUBEN SANDWICH 9 CHICKEN NUGGETS 10 SIRLOIN TIPS RICE MASHED POTATO NOODLES CHERRY MOLD OR TUNA FROZEN FRUIT SAL CHEESE BALLS PASTA SALAD CARROT SALAD ASPARAGUS HOT ROLL SCANDANAVIAN VE8 COLESLAW SPICE CAKE FRESH MELON REDFORD DESSERT PEAS ICE CR. CAKE ROLL DESSERT PECAN PIE _.. ..'f[ 13 CHICKEN STEAK 14 BEEF STEW 13 ROAST BEEF MASHED POTATOES 16 LIVER&ONIONS POTATOES/PEAS 17 BBQ STEAK GARDEN SALAD ORANGE SALAD NOODLES CARROTS CORNBREAD SPINACH SALAD SALAD BAKED POTATO PEA SALAD GREEN BEANS PEAR SALAD PICKLED BEETS Ir)W ROLLS Wld ROLLS VANILLA PUDDING POUND CAKE DESSERT BIRTHDAY CAKE AAPPPLE PIED 20 VEAL CUTLET 21 FRENCH DIP 22 CHILI/CHEESE 23 ROAST PORK 24 SALISBURY STEA RICE BREAD DRESSING POTATO SALAD TOSSED SALAD SLICED TOMATOES APPLESAUCE MASHED POTATOES CUCUMBER SALAD CAULIFLOWER TOMATO/LETTUCE COLESLAW BLUEBERRIES/ CORNBREAD CAESAR SALAD PIE HOT ROLL RHURBARB CAKE PEACH HALVES STREWJBERRI S ICE CREAM BANANA CR. ROLL/ ICE CREAM ROLL 27 BAKED CHICKEN 28 BEEF TERYAKI 29 SPAGHETTI MEAT SAUCE 30 BAKED HAM SWEET POTATOES CARROT SALAD RICE FLORENTINE FRIED RICE BROCCOLI/ TOSSED SALAD RASPBERRY/PEARS CHILLED APRICOT CAULIFLOWER GREEN BEANS GARLIC BREAD HOT ROLL CHOCOLATE PIE WW ROLLS JELLO SALAD WW ROLLS/DESSERT KIWI/BTRAWBERRI S KENAI SENIOR SERVICES c� 361 SENIOR COURT KENAIS ALASKA P9611 .a 1/ THIS NE48LETTER BELONGS TO......... C