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HomeMy WebLinkAbout1989-09-06 Council PacketKenai City Council Meeting Packet September 6, 1989 PUBLIC HEARING NOTICE I AMENDED PETITION i Notice is hereby given that an amended petition to amend the Of - I ficial City of Kenai Zoning Map under KMC 14.20.270 has been submitted by Samuel F. & Magda E. Maguire. The property to be ( rezoned is described as the north portion of Government Lot 44, 1 I Section 34, T6N, Rt 1 W, S.M. located south of the Spur Highway I I and west of Swires Road within the City of Kenai. 1 I The property is currently Suburban Residential (RS) District, a I I rezoning amendment to the General Commercial (CG) District has been requeisted. 1 I KENAI PLANNING & ZONING COMMISSION 1 Public Bearing on this emended rezoning petition will be held by i I the Kenai Planning & Zoning Commission on Wednesday, Amlpust I 1 I 190 commencing at 7:00 P.M. in the City Hall Council I Chambers, (Kenai, Alaska. 1 Anyone wishing to present testimony concerning this matter should 1 do so at this hearing or submit written comments to the City ofKenai, f 1 Planning Commission, 210 Fidalgo, Kenai, Alaska, 99611 prior to August 23, 1989. I 4 I KENAI CITY COUNCIL I ( This amended rezoning petition is scheduled for Public Hearing I by the City Council on Wednesday, (can8,i 41Ift tommenc- I ing at 7:00 P.M. in the Council Chambers. Anyone wishing to present testimony concerning this matter should 1 do so at this hearing or submit written comments to the City of Kenai, ( G;I City Clerk, 210 Fidalgo, Kenai, Alaska, 99611 prior to September 6, 1989, Janet A. Loper Planning Specialist I PUBLISH: 8121, 911, 1989 23781211 L------------------- J AGE NDA K TA = C = TY COU NC 2 L — REGULAR ME E T S NG Seep>-tc-B!mb4ar G , 1989 — 7: 00 P _ M _ A _ CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 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. B _ SCHEDULED PUBL=C COMMENT (10 Minutes) 1PUT13M,=C HEARSNCiS 1. Ordinance 1333-89: Amend Zoning Map - Govt Lot 44, Sec. 34 - From Suburban Residential (RS) to General Commercial (CG) - Maguire a. Substitute 2. Ordinance 1334-89: Increase Rev/Appns by $17,000 - Accepting State Library Grants 3. Ordinance 1337-89: Increase Rev/Appns by $6,604 - Payment of Legal Fees 4. Resolution 89-62: Requesting Municipal Assistance Funding from State of Alaska 5. Resolution 89-63: Authorize Participation in Oil Spill Grant Program 6. Resolution 89-64: Transfer $10,000 to Continue Litigation to Collect Special Assessments 7. Resolution 89-65: Transfer $5,000 in Airport Terminal Fund for Items Not Included in Airport Terminal Renovation CONtM = � S = ON / COMM = T TE E REPORT S 1. Council on Aging 2. Airport Commission 3. Economic Development Commission 4. Harbor Commission 5. Library Commission 6. Parks & Recreation Commission 7. Planning & Zoning Commission 8. Misc. Commissions/Committees IF_ MTWUTES *Regular Meeting, August 16, 1989 F _ CORRESPONDENCE 1. Letter from Mayor of Valdez, John Devens to Rear Admiral Yost - Review of Prince William Sound 4Pr 2. Letter from Mayor Devens to Jean Baptiste Henry G_ OLD B U S= NE S S H_ NEW B U S 2 NE S S 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. *Ordinance 1338-89: Increase Rev/Appns by $6,819.53 - D.E.A. Forfeitures 4. *Ordinance 1339-89: Decrease Rev/Anns by $516,265 in Runway & Taxiway "C" Overly Project 5. Discussion: Return of Land Purchased from City - Ken Cusack 6. XOrdinance 1340-89: Amend KMC Chapter 23, "Personnel", Sections 23.30.010 and, 23.30.02,0 _ _ ADM = N = S T RAT = ON REPORT S 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager .._ D= S CU S S I O N 1. Citizens 2. Council K _ ADaaURNMENT = NFO RMAT = ON L = S T S e p t emb e r 6, 1 9 8 9 1. Memo from City Manager - Drug -Free Workplace Act 2. Minutes of Work Session of August 9, 1989 3. "To Do" List from meeting of August 16, 1989 4. Application for Economic Development Commission - Henry Penny 5. Kenai Chamber of Commerce Newsletter -- S Q rt. 6. Letter from Kenai Peninsula Non -Profit Association, 7. Communication from AML Board of Directors 7W.4Pt3 ,e,evrb �s k 8. KPB Assembly Agenda for September 5, 1989 9. Application for Commissions/Committees - Edgar Carle 10. Resource Review rr $.e S o µ r-c_ a, U w \ -c-` 11. Pay Estimate: G&S Construction - Airport Terminal Remodeling 12. Pay Estimate: Quality Asphalt Paving - LACK Phase II 13. Pay Estimate: Harley's Trucking - VIP 14. Letter of resignation from Doug Emery 15. Transfers of Funds Under $1,000 7 4-.,g 16. Application for Library Commission - Brittany Nowak COUNCIL MEETING OF Q- 6 -? F COUNCIL MEETING OF 3 KE NA = C = TY COU N C = L — REGULAR MEET = NG AUGUST 16 , 1'DS9 — 7: 00 P _ M City Hall Council Chambers John J. Williams, Mayor Presiding A _ CALL TO O RDE R 1. Pledge of Allegiance 2. Roll Call Present: Measles, Monfor, O'Reilly, Swarner Absent: McComsey, Smalley, Williams (excused) 3. Board of Adjustment - Rhyner - Denial of Variance - Sungate Park S/D Vice Mayor Measles - the Council will stand at ease to sit as a Board of Adjustment. Vice Mayor Measles called for public comments. City Clerk Ruotsala swore in Mr. Tom Rhyner. Mr. Rhyner: I'm not sure what information you have, just from the Planning & Zoning meetings? There were actually three meetings I went to. The first one was just to introduce myself and what I was doing and the second one was, oh was considered an advisory vote before I paid my $100 fee. There were six members of the Planning & Zoning Commission and at that time four of them voted that they really didn't have any major problems or anything with me building a garage, and two of them without stating any reasons just voted no. Then at the third meeting when they had public hearings and so forth there were four members there and three voted against it and one voted for it. I had talked to Janet Loper and she expressed to me that Howard Hackney had a problem because our house was in violation of the building setback ordinance because when it was built at the time our den was a garage and it was built to the codes. And before we bought the house it had been changed to a den and at that point it came in violation of the City codes because of the difference in setbacks for a garage and for part of a living quarters. Since that time I spent the $100 to have the public hearings and so forth and the Planning & Zoning approved the permit for the existing condition on our house which, to my understanding was the main problem that the administration, the building administration had. That was taken care of three weeks ago at the Planning & Zoning meeting. When the vote was taken, later my wife talked to one of the commissioners and he said that one of the people voted against us, being allowed to build in the setback was that they thought there would be a problem with visibility but they hadn't been out to look at the house or anything. We live adjacent to the Spur Highway. From the centerline to the edge of the paved road is approximately 20' then there's another 80' which is a real steep road ditch, then a line of trees that's probably 25' wide, then kind of a meadow area where the utilities are buried. Mr. Rhyner handed out photos of the property. 3 KENAI CITY COUNCIL August 16, 1989 Page 2 approximately 20' then there's another 80' which is a real steep road ditch, then a line of trees that's probably 25' wide, then kind of a meadow area where the utilities are buried. Mr. Rhyner handed out photos of the property. One of the reasons I stated that we would like to put a garage there is because we've been in the house about seven years now and I think you all know that traffic on the Spur Highway has increased and just noise from trucks and so forth would serve as a buffer for the house to be able to put a garage there. Also we feel we need a garage. This last winter got pretty long with cars that wouldn't start. It would be cost prohibitive for us to put the garage anywhere else since that's the way the house was built, to put the garage on that end. Vice Mayor Measles asked for questions from Council. Councilwoman O'Reilly: Mr. Rhyner you say it's the cost that would prevent you from switching the garage to the other end. Mr. Rhyner: Well, that and it would be next to our bedrooms which is a strange place. Right now, if we put a garage where I'd like to it would put it off ... there's a small storage area behind the den that -has a door leading outside and it's set up real well to put a garage there. I tried to take care of any problems with the existing structure, which at the time I bought it I had no idea. If I hadn't applied for the variance, the house would still be in violation, I had no way of knowing until I got into it what a mess it actually was. Apparently they hadn't applied for a building permit to change the garage to a den, I don't know if that's required or not, but that's apparently what happened. Councilwoman Monfor: We would have to hear from the City Attorney but after having read everything it would seem that if the Rhyner 's bought the house and the garage was already converted into a den then they bought the house as it was. The original owners who did the conversion were at fault for not coming, in and getting the permit. And I go by that every day and I certainly can't see him building the garage. I personally think this has really dragged on a long time. I have been following it in the minutes and have not been able to see a really valid reason why he can't have the garage. He seems to have done all the steps correctly. Is there something the attorney knows that I don't. City Attorney Rogers: For the record I'd like to make the two photographs exhibits A and B with your permission. Mr. Rhyner: There's no problem. Vice Mayor Measles: After the testimony is closed on this hearing, the Council then has 30 days to make a decision. The decision can be made at any time during that 30 days. The Council will consider it and a decision will be forwarded to you through the Legal Department. Mr. Rhyner: I would just mention that I think it would be an asset to the City to have a garage, esp. since my car won't start during the winter, it doesn't look too good to have a car with the hood popped up sitting in the driveway whereas if it's in the garage no one sees it. KENAI CITY COUNCIL August 16, 1989 Page 3 able to build there because I would be up to my lot line but my lot line ends where the van is. I couldn't build any farther than that. Councilwoman Monfor: You're not going to affect ... no body else is going to build there. Mr. Rhyner: No, its all state ROW. Vice Mayor Measles closed the Board of Adjustment and reconvened as City Council. 4. Agenda Approval Vice Mayor Measles asked to add C-5 (Resolution 89-61), C-6 (Resolution 89-60), and C-7 (an engineering inspection award). Council approved the additions. 5. Consent Agenda Vice Mayor Measles called for changes to the Consent Agenda. Councilwoman Swarner asked about the Council meeting minutes for August 2, 1989, page 2 item B-1. There's a Mr. Parkinson talked and they went on to say Mrs. Parkinson. Should that be Mrs. throughout the statement. Clerk Ruotsala answered that Mr. Parkinson spoke to Mr. Kornelis but Mrs. Parkinson wrote the letter is that correct? PW Director Kornelis: Mrs. Parkinson spoke to me. Vice Mayor Measles asked that the corrections be made and leave the item on the Consent Agenda. Council approved the Consent Agenda. B_ S C7HE RULE D P U BL I C COMMENT None C PLJBL=(-- HEARINGS 1. Ordinance 1331-89: (a Increase Rev/Appns - Council on Aging, title III - $1,073; b) Decrease Rev/Appns - Sr. Employment Fund - $4,846; c) Decrease Rev/Appns - Borough Sr. Citizen Fund - $18,003; d) Increase Rev/Appns - Sr. Day Care - $4,788 MOTION: Councilwoman Monfor moved for adoption of Ordinance 1331-89, seconded by Councilwoman O'Reilly Vice Mayor Measles called for comments from the public, there were none. VOTE: Motion passed unanimously by roll call vote KENAI CITY COUNCIL August 16, 1989 Page 4 2. Ordinance 1332-89: Increase Rev/Appns - Abatement of Dangerous Buildings - $25,000 MOTION: Councilwoman O'Reilly moved for adoption of Ordinance 1332-89, seconded by Councilwoman Swarner. VOTE: Vice Mayor Measles called for comments from the public, there were none. Motion passed unanimously by roll call vote 3. Ordinance 1333-89: Amend Zoning Map - Govt Lot 44, Sec. 34 - Maguire MOTION: Councilwoman Monfor moved for adoption of Ordinance 1333-89, seconded by Councilwoman O'Reilly Vice Mayor Measles called for comments from the public. Samuel Maguire: We made the request to have the change there. We live at 1308 Kaknu in Kenai. We have a business here in Kenai that we would like to locate on this lot. The Zoning and Planning Commission, quite thoroughly went through it and I appreciate the time that they spent, about a good hour, but my end consideration was that there were some people on there that, well two didn't give a reason why they voted against it, two of them were against it because they were against strip zoning. And seeings as it is the Spur Highway there, 55 mph speed limit, I don't feel that that is the best situation there to have that a residential lot and expect people to raise children that close to the highway. It doesn't give you a buffer zone to the highway, and the next thing we know ... even with the school there at the present time its still 55 mph but its going to have to come down there if somebody starts building there residentially. I think, I feel that if Kenai is going to grow its going to have to grow along the highway and not be in malls off the highway, in my opinion. The only thing we want to put there is a single business. I don't want to encumber it with a bunch of restrictions, but I do not plan to use a gross portion of it. Currently there were four complaints against the zoning of it that the commission looked at. Mr. Doyle was one of them, but we have talked since and we've come up with a little different plan. The Zoning Commission didn't feel they had the right to do anything accept recommend that you approve or disapprove the whole plat going to a general commercial condition. We've come up presently with a little different idea and Mr. Doyle will speak on that. We're on total agreement on how we'll work it out and we'd like to present it to you. I would still like to be able to put my business over there. We do have commercial property across Swires, across the street from me is a church, and as you go then towards Soldotna its commercial businesses. We are not jumping in the middle of a residential area, we are on the border and I feel that within the next KENAI CITY COUNCIL August 15, 1989 Page 5 10 to 15 years, and we're not planning on leaving here, that all of this area is going to have to go commercial if we're going to grow. I'd appreciate it if you'd look at it from the fact that we're not doing it for tomorrow or next year, we're doing this for the next 20 years. I don't see how we're going to get by without strip zoning unless we really want to get confused. I don't feel that any of the Kenai Spur Highway should be a place where you raise kids. The next thing you know we'll have 10 or 15 miles through here that's 25 mph speed limit because we have to have that to have safety. City Manager Brighton: You talked in terms of altering your original request. Are you making reference to those that came in to City Hall today? Answer yes. City Manager Brighton: I want you to be aware that the Council is not aware of that change. Those things to be in this packet should have been in here on Friday. And at the same time, neither has the Planning & Zoning seen that alteration. Mr„ Maguire: If nothing else, I think I'd ask that it be sent back to Zoning to reconsider ours and the altered form. City Manager Brighton: I think that is appropriate action at this point on this particular situation. Let Planning & Zoning take a look at your alterations and changes and see if that might not meet their criteria. Mr„ Maguire: One of the complaints was that by us going in there we were going to increase traffic in the area. This is not true because our access is directly off the Spur Highway. We're going to help the area in taking a couple old buildings that have been there down. Councilwoman O'Reilly: I think it's a good idea, I'd like to hear the new proposal. Mr. Maguire: I think Mr. Doyle is willing to present it tonight. Vice Mayor Measles: I think it would be more appropriate to present it to Planning & Zoning first and come back the normal route. Mr. Maguire: Then we'll hear back in 30 days? City Manager Brighton: Janet Loper has all. the information. MOTION: Councilwoman Monfor moved that Council table this ordinance until we have a recommendation from Planning & Zoning and it returns to us again, seconded by Councilwoman Swarner. VOTE: Motion passed by unanimous consent 4. Resolution 89-59: Transfer of Funds - Susieana Lane Paving - $2,820 MOTION: Councilwoman Monfor moved for approval of Resolution 89-59, seconded by Councilwoman Swarner KENAI CITY COUNCIL August 16, 1989 Page 6 LT0110F Vice Mayor Measles called for comments from the public, there were none. Councilwoman Monfor asked if this fixed the curbing, answer from City Manager Brighton, no. Councilwoman Swarner: So the curbing still isn't fixed. PW Director Kornelis: As a matter of fact we're having a different contractor doing it and its going to save us $900. Councilwoman Swarner: So when is the curbing going to be done. PW Director Kornelis: Dennis Downs was going to do it, but it rained. Now he's got a small job but he will do it the same time. Councilwoman Swarner: Well the paving is nice. He did a good job. Motion passed by unanimous consent 5. Resolution 89-61: Transfer of Funds - Airport Runway/Taxiway "C" Overlay - $18,840 MOTION: Councilwoman Monfor moved for approval of Resolution 89-61, seconded by Councilwoman O'Reilly VOTE: Vice Mayor Measles called for public comments, there were none. Motion passed by unanimous consent 6. Resolution 89-60: Awarding Contract for Construction of Airport Runway/Taxiway "C" to Quality Asphalt Paving for $986,642.80 MOTION: Councilwoman Monfor moved for approval of Resolution 89-60, seconded by Councilwoman O'Reilly VOTE: Vice Mayor Measles called for comments from the public, there were none. Councilwoman O'Reilly asked why so far under the engineer's estimate the bids. The general economic climate? PW Director Kornelis: That is a good portion of it, but also the cost of asphalt is not so drastic as it was. Motion passed by unanimous consent 7. Discussion: Proposal for Inspection, Survey, and Quality Control Testing for Kenai Municipal Airport for Airport Runway/Taxiway Project MOTION: Councilwoman Monfor moved that we have inspection, survey, and quality control testing for Kenai Municipal Airport Phase II 1989 improvements, runway and taxiway "C" work done by Wince, Corthell, & Bryson, as per their proposal, seconded by Councilwoman Swarner. KENAI CITY COUNCIL August 16, 1989 Page 7 Vice Mayor Measles called for comments from the public, there were none. Councilwoman Swarner: Do we have to put the figures in because the figures that were proposed are different than Charlie's figures? PW Director Kornelis: We'd recommend that you use Charlie's figures. I'm sure Wince, Corthell would too. MOTION AMENDMENT: Councilwoman Monfor moved that we use Mr. Brown's figures in this proposal, $133,843, seconded by Councilwoman Swarner VOTE AMENDMENT: Motion passed by unanimous consent VOTE MAIN MOTION: Motion amendment passed by unanimous consent D_ COMM = S S= O N/ COMM = T TE E REPORT S 1. Council on Aging Councilwoman Swarner reported that there was a meeting on August 9th and the minutes were handed out this evening. Senior Director Porter reported that next Wednesday night the Council is invited to dinner at the Senior Center. Councilwoman Swarner asked for discussion regarding renting the Senior Center later in the meeting. 2. Airport Commission Councilwoman O'Reilly reported that there was no meeting. 3. Economic Development Commission Mayor Williams was not in attendance, however, there was a meeting last week. 4. Harbor Commission Councilwoman Monfor asked PW Director Kornelis if the dock made any money this summer. PW Director Kornelis reported that the final figures were not in as yet. Leases were on a fixed rate regardless of the amount of fish brought across, to a certain point, then a charge on any fish after that amount. It is anticipated that we made as much this year as last year, however the fuel consumption and staging was down so this would be where any loss would be. There was no meeting of the Harbor Commission this month. KENAI CITY COUNCIL August 16, 1989 Page 8 5. Library Commission Councilwoman Monfor reported that on August 8th there was a meeting and a barbecue at Dennis Simmons' home with the Mayor attending and gave a report on the Spur Highway. 5. Recreation Commission Director McGillivray reported that the Commission had not met this summer, however the first meeting will be in September on the normal day. The summer recreation program was completed. There were 206 enrolled through the summer with an average of 48 every morning with a few less in the afternoons. They went on tours around town including the fire department, visited playgrounds, and games indoors. I received comments from parents who were very happy with it. The people working that program did a good job. We're in the process of losing our summer help. A number of the crew have terminated because of heading back to'school leaving us with about 5, with 3 more within the next week. Hopefully, things will stop growing quite a fast as they have this summer and we can keep even with it. There were a number of comments, especially from tourists on how the town looks. As I told the crews, they have something to be proud of. Councilwoman O'Reilly commented that one of her house guests who was visiting after having been gone for about 10 years, the thing that she was really astounded at was how green everything was. She had remembered everything as being so barren and dusty. City Manager Brighton asked Director McGillivray if he had been following the excavation in the vicinity of the Municipal Park. Director McGillivray answered that he had not. He was aware that they were working earlier this summer, however, not recently. We've started work on the field area near the Junior High. We are nearly completed with what we were going to do. Because we had to bury materials and fill so many areas, we felt we had to leave it through the winter to allow it to settle so we will be able to check it in the spring for low areas and complete the filling prior to planting. We had a,lot of fun with using dozers for the excavation. 7. Planning & Zoning Commission Councilman Smalley not in attendance, however, the minutes were available. 8. Miscellaneous Committees/Commissions Councilwoman Monfor reported that the Bicentennial Visitors and Convention Bureau has resumed their meetings and will be gearing up to go after their KENAI CITY COUNCIL August 16, 1989 Page 9 celebration beginning in September. The grant that has been applied for for the building, will include a survey of the community because you have to ensure a number of jobs will happen. The response has been very positive so that will be a boost. The biggest hurdle is the EDD board has to approve this concept before the grant can move on so we need to support this if this is what we want to do. Councilwoman Swarner reported that the Beautification Committee met and went on a walking tour of parks in our neighbor city to see how we can improve the parks here and I also heard a lot of comments from visitors, even from Anchorage that said our city is so beautiful. E _ M = NU TE S 1. Regular Meeting, August 2, 1989 Minutes were approved under Consent Agenda F _ CORRESPONDENCE Vice Mayor Measles asked Council if there was a desire to take action on item #3. Councilwoman O'Reilly: I agree with the sentiment of Mr. Dyson Is letter, I don't think any action is required. There will be a meeting on August 19th. G _ OLD BUS = NE S S 1. Bills to be Paid, Bills to be Ratified MOTION: Councilwoman O'Reilly moved that we approve the payments over $1,000, seconded by Councilwoman Swarner VOTE: Motion passed by unanimous consent 2. Requisitions Exceeding $1,000 MOTION: Councilwoman Swarner moved to pay the Requisitions over $1,000 but delete the RDC membership fee and table (inaudible), seconded by Councilwoman Monfor Councilwoman O'Reilly: It's my understanding from the Clerk's memo that we're 10 months late with our check. Vice Mayor Measles: I thought it wasn't due until November. Councilwoman O'Reilly: November 1988 to November 1989 we haven't paid. Councilwoman Swarner: Why didn't we pay it last year. Clerk Ruotsala: They bill us on fiscal year. Councilwoman i Swarner: So they bill us 8 months after its due. Councilwoman O'Reilly: We didn't delete it in (inaudible). Councilwoman Swarner: No. KENAI CITY COUNCIL August 16, 1989 Page 10 Vice Mayor Measles: At budget time this was discussed and we were under the impression that it was not to be paid or we were paid up until November, we left it in the budget so it would be there if Council decided to use it, if not we would just let it fade. I'm not sure I understand where we're at with this. If they bill us according to our fiscal year which just started the first of July, how are we 10 months behind. It was paid for last fiscal year. City Manager Brighton: It would pay us up to at least July of this year. Vice Mayor Measles asked Finance Director Brown to explain. Every time this comes up we get more confused. Finance Director Brown: The only information I have is the Clerk's memo. They're saying now that its from November 1988 to November 1989. But if you look at the bill it says annual membership fee July 1989. Now as far as I'm concerned, its like any other membership or subscription. If you fail to pay your dues they can't come back 8 months later and say we've been sending you letters without you paying your subscription so therefore you have to pay us. As far as I know we don't have to write them a letter and say we want to withdraw from the organization, we can just fail to pay the bill which we have. Councilwoman O'Reilly asked when we' last sent them a check. Finance Director Brown: I think we last paid them a check in July 1988. I could check, but I believe that's when we did. Remember there's no indication any where on this bill of their November to November billing period, we didn't know that. Vice Mayor Measles: They certainly wouldn't bill us for a membership for a past year. If we paid it in July 1988 we should have been paying for November 1988 to November 1989, I think that was the impression at budget time. Finance Director: I think everybody in administration believed that this bill was for July 1989 through June 1990. We believed that, so now by telephone they're telling us differently. That's their billing problem not ours. Councilwoman O'Reilly: I think it might be appropriate for us to have you write them a letter for an explanation. And I would agree with the deletion. VOTE: Motion passed by unanimous consent. 3. Ordinance 1334-89: Increase Rev/Appns - State Grants, Library $17,000 Consent Agenda Item 4. Ordinance 1335-89: Increase Rev/Appns - Rent & Moving Expenses for Kenai Recorders Office - $13,500 MOTION: Councilwoman O'Reilly moved for introduction of Ordinance 1335-89, seconded by Councilwoman Swarner. KENAI CITY COUNCIL August 16, 1989 Page 11 VOTE: Motion passed by unanimous consent. Vice Mayor Measles: Second reading has been requested for passage this date. a. Public Hearing MOTION: Councilwoman Monfor moved for second reading of 1335-89, seconded by Councilwoman Swarner VOTE: Motion passed by unanimous consent MOTION: Councilwoman O'Reilly moved for approval of Ordinance 1335-89, seconded by Councilwoman Swarner VOTE: Vice Mayor Measles called for public comments, there were none. Councilwoman Monfor asked if there had been any comments, answer no. Councilwoman Monfor asked if there has been any discussion regarding use of the space that is to be vacated. City Manager Brighton: From what I hear from a legislator, this is going to be a last minutes decision on what happens to this recorders office. What you're doing is information that is going to be provided to them and which they can look at and make comparisons. I only know what I read in the newspapers. It appears that this is a better deal for them. Councilwoman O'Reilly: When is the deadline that they have to have information. City Manager Brighton: We don't have to get information by any certain date. They can put it off for any length of time. Vice Mayor Measles: There isn't a whole lot you can say about it. I disagree with the principal. Motion passed unanimously by roll call vote b. Ratification of Proposal Finance Director Brown: The problem lies in the last paragraph of the letter I wrote. "This proposal has been approved by a Committee of the City Council and is subject to Council approval" so that is the way you get the whole Council to ratify it. Its not a true and valid offer, I think until you do. KENAI CITY COUNCIL August 16, 1989 Page 12 MOTION: Councilwoman Monfor moved to approve H-4,b which is the offer to the State Recorder from the City Council regarding the Recorders Office which includes the City paying the rent at $9,000 and moving them at $4500, the cost not to exceed $13,500, seconded by Councilwoman Swarner IYNI10F Motion passed by unanimous consent 5. Ordinance 1336-89: Increase Rev/Appns - Transfer Sand from Landfill $50,000 MOTION: Councilwoman Monfor moved to introduce Ordinance 1336-89, seconded by Councilwoman Swarner City Manager Brighton: The Borough is still in a tremendous state of flux in connection with their landfills. Rather than, at this point in time appropriate this $50,000 it would seem more frugal to us to prepare to haul the sand we need this winter from that site with our own trucks and our own labor. While some stability is added to the situation .. I'll be the first to admit we have a contract that says we have to have our sand out of there by a specific date, but there is not going to be a problem with amending that contract. One of the reasons I'm talking about that $50,000 is, here we are six weeks into a brand new budget year and with that $50,000 would have appropriated $88,000 outside of our fiscal budget. That in six weeks. I'm not sure any of these are emergencies, but if that were to be pursued, we could have a lot of budget problems by the end of the year. I'm asking that you give us a few days to work on this sand situation, we may not have to appropriate that money. Councilwoman Monfor: While we're talking about this, I would hope then that the administration is going to pursue the fact that when they do close this dump site down there's not going to be transfer station for the residents of the City of Kenai. City Manager Brighton: At the present time, there is no intent to have a transfer site any closer than 15 miles to the Soldotna landfill. Which precludes the transfer site at the present dump site. Councilwoman Monfor: I think it's real important that the City of Kenai residents know this because they pay Borough taxes against this. Its one of the few things they get for their taxes and now they will have nothing." It's crazy to have the City of Kenai not have that benefit. I mean, two transfer sites located out there, that's crazy. City Manager Brighton: They have one transfer site out on the North Road in the vicinity of the feed store and they're closing it down and going out further with the transfer site. Councilwoman Monfor: Anyone I talk to I'm urging them to start calling the Borough Mayor or their assembly person. City Manager Brighton: The Borough got a 30% increase in the cost of transferring the waste to the dump and that's what irritated them and they decided to close them. KENAI CITY COUNCIL August 16, 1989 Page 13 VOTE: PW Director Kornelis: When we signed an agreement with them for the sand they made us put in a sentence that says we give approval for continual use of that site as a transfer site. City Manager Brighton: Yes they had planned on using it. Motion failed unanimously by roll call vote 6. Ordinance 1337-89: Increase Rev/Appns - Payment of Adjustment and Lggal Fees from Lawsuit - $6,604 Consent agenda item 7. Discussion: Conflict of Interest Statement - Amendment Clerk Ruotsala: We do have a requirement for Conflict of Interest based on the State form, however, the City code is a little more restrictive and what I'm trying to do is amend ours by adding a page - part 10 and 11 which requires two additions the City code has that the State code does not have. It doesn't even have to go into the code because the Conflict of Interest statement itself is not part of the code. MOTION: Councilwoman Monfor moved to have the Clerk add part 10 and part 11 to the Conflict of Interest to conform to the City code, seconded by Councilwoman O'Reilly VOTE: Vice Mayor Measles asked if we are making the State requirements conform to the City requirements, or the City conform to the State. Clerk Ruotsala: The City requirementscto conform to the State. Ours are more restrictive. Vice Mayor Measles: This is not worded right is it? Adding part 10 and 11 to the State Conflict of Interest to conform to City code. Clerk Ruotsala: What I meant was we're going to make our code - Conflict of Interest form conform to what the City code requires. The City code requires more than the State code. We're using the State Conflict of Interest forms. So in order to make the Conflict of Interest form for the City conform to what the code requires, I'm going to have to add part 10 and 11. Motion passed by unanimous consent I _ ADM = N = S T RAT = VE E2E PORT S 1. Mayor a. Vice Mayor Measles remarked on the memo from the Mayor regarding the legislative work session that had been scheduled for September 5, 1989, r, it appears that Senator Fischer and Representative Swackhammer cannot attend on that date and he suggested a later date around October 12 or 13. Council expressed a desire to wait. KENAI CITY COUNCIL August 16, 1989 Page 14 b. Some time ago, Council scheduled a work session on August 24th regarding the EMT program. Vice Mayor Measles asked if there was a push to get it done. City Manager Brighton: There is a push from some who are supportive, however, I'm on the other side of the coin. It was suggested to hold this item until after the election, Council agreed. Councilwoman O'Reilly: Are we going to have another work session on a different proposal or are we going to have a similar proposal. City Manager Brighton: Basically, that's what you're going to be discussing, what you discussed last time. c. Vice Mayor easle eminded the Council of the barbecue at the Senior Center on August 2 2. City Manacter There is an evaluation seminar on September 1st from 8:30 A.M. and Council is invited to attend, however, we should know by Friday in order to schedule. 3. Attorney a. HEA has filed an appeal with the Supreme Court so we will be briefing that issue. b. I brought back papers from seminars from ABA convention on such topics as garbage disposal, environmental hazards for real property owners, toxic waste and toxic torts, condemnation, allowable discharge, personnel law matters, Hong Kong in 1997, Hawaii as a space port for the future, law office manager, and computer workshops. C. Councilwoman Swarner asked for the status of the condemnation of the Harbor View. I notice that the Kenai Korners has (inaudible) window on the back. City Attorney Rogers: The status of Kenai Korners is SBA's problem. As far as the Harbor View you are appropriating money which would allow us to proceed. Councilwoman Swarner: But we haven't heard anything from IRS? Answer no. 7 Councilwoman Monfor: On the Treet building, I notice that the only thing . that mean left is the steel building. that somebody special has to come and take that down, or what. City Attorney Rogers: I'm going to start again. She took off, he was in Kodiak, she took off after hiring people to do it, I went over and inspected it, I made it plain I thought, the structural aspect had to come down too. There was some concern that the structural aspect came down that you'd never go up again. I can't really concern myself with that, structural steel is there. As far as I can see, its not usable in any subsequent structure and I think probably the delay that's been encountered is a result of the requirement of the expenditure of additional money to bring it down. So I am going to proceed again to write a letter similar to the one we wrote saying please come down KENAI CITY COUNCIL August 16, 1989 Page 15 and finish the job or we will have to proceed with that complaint I sent him before that I was going to file in court. City Attorney Rogers: To back up very briefly, with the HEA appeal, from past experience since 1982 it would appear we're in for another year before the next round is through. I will again ask the Supreme Court, this time to please decide the issue on the merits, resolve the issue, don't make us come back again. But I've asked that before and not been able to get them to make a comprehensive decision. 4. City Clerk City Clerk Ruotsala: The Council and Mayoral filing period is complete and you have in your packet the list of candidates. 5. Finance Director No report 6. Public Works PW Director Kornelis: The Fathom/Toyon project, also the Lawton/ Candlelight project are going to be bid on September 6th. I apologize for it being the day of the Council meeting but we had to give enough time for the bidders to work on their bids. The Airport Float Plane basin additional slips are going to be bid that same day. As part of that project we had the hauling of the sand from the landfill so I will be doing an addendum and we will drop that portion of the contract instead of putting that on hold. We have kept track of the amount of time we spent on the ballfields, we had our whole street crew working quite a few hours there and not only renting dozers but we've had dump trucks, loaders, graders, and more. So we have put in quite a bit more than our share. 7. Airport Manager No report s_ D= S CU S S= ON 1. Citizens None 2. Council a. Councilwoman Swarner: It was nice to see the for sale sign up on the Dairy Queen. Have there been any calls, answer no. KENAI CITY COUNCIL August 16, 1989 Page 16 b. Councilwoman Swarner: Have we every gotten a written report from our lobbyist after the end of the session? City Manager Brighton: An April report as I recall was the last report we had. Councilwoman Swarner: I'd like to see an end of the year report. C. Councilwoman Swarner: I would like to bring up the rental of the Senior Center because I got something in the mail from a store in Anchorage, from Nordstroms who wanted to come to rent our Senior Center and they were told no. Well, they're going to the Central Peninsula Sports Center now. I was looking through the minutes of May 3rd, which is when we discussed this and I may interpret these minutes wrong, but from these I understand that it was for non-commercial uses, the lease the attorney was writing at that time. From what I'm reading is that there was going to be another lease coming up for commercial use or we would talk about it later. Is that right? City Attorney Rogers: No, I was not directed to draft a lease for commercial use. Councilwoman Swarner: Okay, then I think we need to talk about commercial use because obviously there is commercial interest in the Senior Center or City buildings and they're not going to the private businesses here in town. City Attorney Rogers: Fine, if that's the consensus of the Council. d. Councilwoman Monfor: How many tie downs for the float plane basin have been leased? Answer, 7. Councilwoman Monfor: It is really gorgeous out there. Those poppies are very pretty. On a flight to Anchorage I was listening to two gentlemen in front of me talk about the airport renovation, about how it was going on and on, and the City was expending the money because they knew they couldn't put anything in it anyway, that nobody was coming forward for a lease, the restaurant or the bar either, they felt the airport was boring, couldn't even get a decent cup of coffee there ... and perhaps we want to do a little something soon with the newspaper explaining the expected date of completion. It seems to me there is a lot of misinformation going around. e. Councilwoman Monfor: The smell in the terminal is really strong. Is that going to last for very long? Answer no, they are nearly done with painting. f. Kenai looked so good from the air. So much of it is green and all mowed. It looked like a picture. g. Councilwoman O'Reilly: On these pull tab notifications, who sends these out. They don't even have a letterhead. Clerk Ruotsala: They are using the form letters for the cover and then the business license is on the back. Councilwoman O'Reilly: Does that mean it comes from the State? Answer no, the organization sends them. h. Councilwoman Monfor asked about a schedule for the appeal. City Attorney Rogers: I will be contacting the individual Council members to get your opinion then I will draft the appropriate document. KENAI CITY COUNCIL August 16, 1989 Page 17 K _ AD.TOURNMENT There being no further business, the meeting was adjourned at 8:27 P.M. Janet A. Loper Transcribing Secretary (taken from tapes) c -1 Suggested by: Planning & Zoning Commission City of Kenai ORDINANCE NO. 1333-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR GOVERNMENT LOT 44, SECTION 34, T6N, R11W, S.M. FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG). WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described as Government Lot 44, Section 34, T6N, R11W, S.M. as Suburban Residential (RS), and WHEREAS, the owner of the property has submitted a petition for the rezoning of the described lands to the General Commercial (CG) designation, and WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980 designates this area to be Medium Density Residential, and WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 26, 1989 for the purpose of reviewing this application, and as a result of this hearing are recommending that the property remain in the Suburban Residential ` (RS) designation and to the Kenai Peninsula Borough that the Land Use Plan remain in the Medium Density Residential designation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Subject property consisting of those lands depicted in Attachment A an described as Government Lot 44, Section 34, T6N, R11W, S.M. are hereby rezoned to General Commercial (CG). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this_'day of A, 1989. ATTEST: Janet Ruotsa a, City Clerk jal 1 JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Third Reading: Effective Date: August 2, 1989 August 16, 1989 September 6, 1989 October 6, 1989 EEl,rp-wvl IT /Qmeri A "&-,alux. --Dtr• - F i 1791-1881 CITY OF KENAI %%ad ed,� 44"„ _ 210 FIOALGO KENAI, ALASKA 99611 TELEPHONE 283 - MIS FAX 907-283-3014 — • w �§ TO: Mayor Williams and City Council FROM: Chairman Nault and Planning & Zoning Commissioners Janet Loper, Planning Specialist DATE: July 28, 1989 RE: Ordinance 1333-89: Amending the Official City of Kenai Zoning Map for Government Lot 44, Section 34 , T6N, R11W, S.M. from ( RS ) to (CG ) The Kenai Planning & Zoning Commission held a public hearing regarding the above referenced petition for rezoning on July 26, 1989. As a result of that public hearing, the Commission failed to pass the resolution which would recommend the change in zone. A copy of the unapproved minutes is attached at the end of this material. Twelve certified notices were sent out to property owners within 300' of the proposed rezoning. Four letters were received from residents in the area in protest based on the fact that the area, while partially zoned general commercial in one area, is developing primarily as a residential area, particularly since the advent of the elementary school and another general commercial designation would impact that residential development to a greater degree. The Commission agreed with this reasoning and further recommended that "strip" zoning would be inappropriate until the Commission and Council could set a policy on development of the Kenai Spur Highway corridor. CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ_'9_� A RESOLUTION OF THE ADVISORY PL & ZONING COMMISSION C IHE.,kITY OF KENAI RECOMMENDING (APPROVAL) DENIAL OF THE REQUESTED ZONI (LAND USE PLAN AWNDMENT) SUBMITTED BY (Applican FOR i WHEREAS, the Commission finds the following: 1. The subject property is currently. zoned, �rchu�0u /Z ( ie✓'%� Z. Thepresentlands use -pl an deegnation of the subject property is 3. The proposed (ZONING DISTRICT) (LAND USE PLAN DESIGNATION) for the affected property is r—i 1!.�xi . �C(, dhAQ6f�?� 46G. 4. An appropriate publ''c hearing as required has been conducted by the Commission on .7 '-'149 5. That the following additiona.,lC facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Adviso lanning & Zoning Commission of the City of Kenai that the petiti (LAND USE PLAN AMENDMENT) is hereby (RECOMWNDED) T R C to the Kenai City Council. 1. PETITIONER: AND 2. ADDRESS: PHONE: 3. WRITTEN SIGNATURES: 4. LEGAL DESCRIPTION: CITY OF KENAI REZONING APPLICATION DATE: Co �ZD -may Z.$3-79p/ L'.I. � /.-FWAM,I u:..... r PRESENT ZONE: "'"'-�"� S✓ PROPOSED ZONE: INTENDED USE AND/OR REASON FOR REZONING: 8. REZONING CHECKLIST: a. map b. signatures posit/advertising fee ($200) MIMODlication form or letter QM 1 3 I I 12 i II ( I 10. r.2.•01.000 ail i 17 is I ,II I 19 20 1 ' '. is .� . •' J(\ Ian J �- i - ,--�.�'fl.----�-I�+.- ._..�, ---ter---^. •�(� r� 1i "�`I �/ � I� ' II i ,(( ��f II � ji � •ill' � '��y;. — _�!,( � I I i 1 heP III1 1 ( 'III 29 ( 27 r t 26 25 }l24 ' 23 0 22 `2 21 — • ( III I (' _ qr (. � 1r �Ir _ - _ _I / :� �__• ... i l- _ _ I (- '��, 1 ,.•\ I I Ills •- 'r � ,, � `,, I `.r.11111. �..l.l`St, ,��• ��; ,t, �;' ��{I i�l —IL IIV ril I r 2T, � F 26 ' r ' - , - '•I.• 25 I, II 24 1 %1 If G/BSON I }� } rv. t-��.`'�.i I oa.• T..« �—^� :f j�I i I — — .. f..,,, . I`' �•�: 1,Y ,l i,;1 1 44 45 III I EI I1 47 -- Il 1 _ SURD/VISION _'I I, / _= 11 1LCP. I I Tw J' 4 I �r '7 9 C � 1 III I / P.m. 1�.1 e. BB'� 1 1 69 II ,. I DONN 1 III`- ROCK � 1 —_ i I '-- � � I I I Y j„r I 6 r 10 EG-B 12AC73 EG- ' i( F G-6 :.. VIOR, r V10I¢ I —'' I OvERt i2� l N 2,.02'sm LEGEND .. ...-::-! "OTC. O.MIN .rMw. V. .N•..IrM. Y M A•».. .w. � Land Ups Ian 27 6 1 41 34 MEDIUM DENSITY: RESIDENTIAL 2 NEIGHBORH60D 20 BUSI NESTS K AF EN SUB. t N' )TE B. t Slievi N.E. 69 ik's 93 00 los 101 12; T, A + CIA", Iss: -009TTE tT9 A�l 34 Q/� �c,CiLC 4 leaw 41.7f C."o 1-1 - �, "I ap:62-�- July 25, 1989 To Whom It May Concern: I currently live at 1901 East Aliak, Kenai. I feel the lot 44 Section 34, T6N R11W S.M. located South of the Spur should stay residental. Just alittle ways down the steet is Swires School. Already there is alot of traffic with school buses, children walking to and from school. This is a simi quiet residental area if you open it up to business, traffic will �irck up and the neighborhood value will go down cause it will be considered a Business area also.. The atmosphere•of the school will go down cause any business can build on the other lot; quick stop ect. I feel it should stay the way it is now, a residental area like the rest of the lots are considered. Thank -you, Arlene Larson .2(a ck4 .4 July 17, 1989 Ms. Janet A. Loper CITY OF KENAI PLANNING AND ZONING COMMISSION 210 Fidalgo Kenai, Ak 99611 RE: REZONING OF GOVERNMENT LOT #44, SECTION #34, T6N, R11W, S.M., OWNED BY SAMUEL F. AND MAGDA E. MAGUIRE. Dear Planning and Zoning Commissioners: We feel that there is plenty of commercial property along the Kenai Spur Hwy that is vacant at the present time. Until this property is used, we don't feel that there is any need for more zoning of commercial property. Thank you for your consideration of these comments. Sincerely, Bill E. and Brenda M. Zubeck BEZ/rr ��v�.�. svi3uc�-Y3c�s Y�5 TO Conn���2Gc�c.. � J 1 Of &-A Lr c o�,�c �a.D d, vv-e��.,-F ot�.;� vtv-, KENAI PLANNING & ZONING COMMISSION July 26, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Bryson, Bannock, Brown, Glick, Walker Absent: O'Reilly (excused) 2. APPROVAL OF AGENDA Add letter from the Kenai Peninsula Borough regarding proposed ordinance. MOTION: Commissioner Bryson moved approval of the amended agenda, seconded by Commissioner Walker VOTE: Approved by unanimous consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution 89-8: Rezone Govt. Lot 44, Section 34, from Suburban Residential (RS) to General Commercial (CG) - Maguire r Planning Specialist Loper explained that four letters had been received from residents in the area since packet time and they have been distributed to the Commissioners and asked that they be entered into the record. Chairman Nault so ordered. The Commission read through the letters. Chairman Nault opened the item for public discussion. • Mr. Samuel Maguire came forward to present his petition. "I asked for the rezoning so that I could put a commercial building in there, which right now we're in a mall in Kenai, Maggies Trading Post. I'd like to rebut .these letters. The first one from Richard and Laura Clark is a bit nebulous when across the Spur Highway is commercial and to the right side is commercial and access to my property would be by Spur Highway, not by Swires Street. Therefore, I wouldn't in any way be bothering their residential area. Having commercial property -that close to them, I assume they must be people living on Aliak. I would be no closer to them than I,.,. Zubeck would and I really can't see why Mr. Zubeck would become a party to this seeing as when across Swires Road from me has an entire block of commercial property starting at Spur Highway and going well down, I don't know far his property goes but he's been in there commercial for years. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 2 And yet he's become a party to it also by one of these letters saying that there's plenty of commercial property along Spur Highway. Yes there is, but there's none within reason as far as I'm concerned. There's nothing that I can afford". "I've been in business here for years and I see my businesses going and I'm trying to help myself and Mr. Zubeck who's fairly well already got it going is opposed to it. I have no idea who Arlene Larson is, she's living on East Aliak and again my answer to her is the same thing. Access to my business will be Spur Highway. In fact, if I do go commercial on it I'll tear the two buildings that are there that are eyesores to them, I'll tear them down and remove them completely. The fourth one, Mr. Doyle, I can understand why Mr. Doyle is unhappy because the man I bought from had entered into a business proposition with him which fell through. And the only one that I can see that really has a legitimate complaint is Mr. Doyle because I will be going commercial on a property that I think he had hoped to enjoin. The paper work that I saw showed he put an awful lot of money into subdividing that into residential lots. Now that was with the previous owner,, that's not with me. And I have no desire to go into residential lots, I don't think anybody in the City of Kenai has a desire to go into residential lots at this time." "I'm asking that you use a little common sense here and realize that the only one that I see that has any real basis is Mr. Doyle. The others, I don't think they have a reason to keep me from being able to put my business in there. As far as it not being business now, no that corner's not business or I wouldn't be asking for the rezoning. But across the street on Swires side, there's an awful lot of business and across the street from me on Spur Highway is an awful lot." Commissioner Brown: When you say across the street of Swires are you talking about Mr. Zubeck's property? Mr.Maguire: He's got, I would say many acres of property there that's commercial. I hope its commercial. I hope he's not using it in a commercial sense in a residential area. I don't know for fact that it is. But I believe it is. Planning Specialist Loper: Zubeck property is commercial. Mr. Maguire: See there's general commercial all the way around me except for Mr. Doyle's property which is on Swires Road just south of me. And he's a little upset with me because I won't buy his property. NOTE: Commissioner Glick joined the meeting at this point. Commissioner Bryson: From the zoning map that we have before us, it appears as though general commercial is existing across from you is across Swires Road and the north of you across the highway is rural residential. Mr. Maguire: Oh, I'm sorry, I misunderstood. Commissioner Bryson: Have you applied to the State of Alaska for an access off the Spur Highway? Mr. Maguire: There is access. I have access, there is a culvert and everything right there. Commissioner Bryson: Okay. I KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 3 didn't feel that they would give you access if they had Swires Drive there that you fronted on if you didn't already have access. Mr. Maguire: I'm not sure its asphalt, I'm not sure if any of them are asphalt, but there is an access from Spur Highway and that's what I intended to use, the northwest section and the rest of it I'll leave vacant. I would have been real happy to take any reasonable commercial property from where the boat sales is there all the way to town and up and down Kalifonsky Beach Road and the only thing I found that was any way near reasonable was one piece over on Kalifonsky Beach Road and that fell through. The bank took it over and the bank had much more on it than anybody could handle. I've been looking for over a year for commercial property and I just can't see the price they're asking for it. Yes, like Mr. Zubeck says, there is property for sale, but anybody that can pay $40,000 per acre ... its not me. Commissioner Bannock: How does this business qualify right now. Is there a business there right now? Planning Specialist Loper: There are two small buildings there now. Commissioner Bryson: A guide lived there last year. Mr. Maguire: Yes, he's living there again this year. I inherited him. These two buildings I intend.to tear down and building a good structure on the front side. I have the ability to build a substantial structure. Mr. Maguire: As far as adding traffic to the residential area there, no I wouldn't add any traffic because I'd be coming off the Spur Highway. And I've got a screen of trees behind me, they wouldn't even see me, I don't know if it would affect Mr. Doyle's property or not. Planning Specialist Loper: If I may, I think from the letters, what most of the residents there are worried about is general commercial in its broad sense is quick stops, 7-111s, gas stations, or any number of businesses. Mr. Maguire: Is there another commercial designation? Planning Specialist Loper: No. So what that means is you know what you want to put there, something low key, but once it goes commercial you can put anything you want there. You have a desire for one specific business, and that may not hold true forever. I think perhaps that is what they are worried about. Mr. Maguire: I don't think they're going to stop the development of the Spur Highway area once we recover our economy. Planning Specialist Loper: One of the things this Commission has been looking in developing the Comprehensive Plan is the Spur Highway corridor, how it should be developed, because when you move out and away from the central business district you diversifying your commercial sector it spreads businesses and in some cases this is good, however, some advantages are lost. The thing this Commission can look at is the buffer strip you mentioned. There is a provision in the code that provides a buffer between commercial and f residential neighborhoods as you mentioned. Mr. Maguire: I would be willing to save the south half of the two acres would remain vacant. I don't know how you could zone half of a lot one way and half the other. Planning Specialist Loper: Well you couldn't do KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 4 that and meet the criteria any way. The code specifically states that your tot must be one acre or more. Mr. Maguire: I intend, in the future, to put my own house in that rear section. Planning Specialist Loper: That you couldn't do. Once its rezoned to the commercial designation you could not build a building with a residential use. Mr. Maguire: Oh, this is something I didn't know and I had intended to do. So that would still be fine, we have a local house a couple blacks away. We had thought about incorporating all of it. I have another lot over there I could build on. Commissioner Walker: Where is your house from here. Mr. Maguire: I'm at 1308 Kaknu. Commissioner Walker: Is it adjacent to this property: Answer no. We're in the process of trying to pick up the space next to us as soon as the bank is through. Commissioner Bannock: Looking at this map, do we know where the other persons writing the letters live? Planning Specialist Loper went over the ownership of property comparing them to the writers of the letters with the Commissioners. Mr. Maguire: I wouldn't be a bit adverse to putting some kind of stipulation on the south half. I intend, and its the only way I can do it to get water and sewer on my property, to dedicate a piece across the back. There is a problem with water & sewer that Mr. Doyle doesn't recognize and its going to cost him a good chunk of money if I don't bring water and sewer across my property. The water and sewer was stubbed in for their subdivision and a dedicated road there. This is what I'm told. I do know that my property line is south of the water and sewer and I've been told by the people upstairs that if this isn't how it is an me coming straight off the end of the water across my property and then bringing water up .into my property I've got to pay $2500 to have a manhole put in so that the sewer can be diverted 90 degrees to the way its running now. I intend to take 12' across the back of the property and dedicate that to bring the water & sewer in. I would like to do this with Mr. Doyle, but I'm going to do it in spite of him if I have to. If you rezone it the way I want it, then I'll bring the water & sewer in, if you don't, I'm going to back off. Chairman Nault called for further comments, there were none. The issue returns to the Commission. Commissioner Glick: In reviewing the packet, I looked up some of my old minutes from several years ago and it appears that this Commission, in the past, has rejected strip zoning and basically that's what we're doing is strip zoning if we start changing properties to commercial. From Swires to Princess there isn't any commercial properties with the exception of Doyles and that's been there for 30 years and he's grandfathered in when zoning was put in. In everything that you read about planning & zoning, to strip zoning is not good planning. Those sites on the other side of the road, that are commercial, are the same. Most of those were grandfathered because they had been there for several years. A lot of that land between there and Beaver Loop started out being residential then some of it, over the years was changed. KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 5 I've known Mr. Maguire for a long time and nothing against you, but looking back at everything I see is strip zoning is not a good idea. Especially when that whole area has been residential. I've talked to some of the people that live on ALiak, they probably didn't even get notices because you only send notices to people right around the area and most of them are saying we don't want any commercial business in this whole area. I guess I would have to be against it based on the fact that I don't like strip zoning. I don't think its good planning. And the second reason is that people in that area generally don't want to see commercial businesses. An example would be out in Thompson Park. Everyone thought that was residential until someone bought the property and built the quick stop. And there is a strip through there that several years was left in commercial. All those people though they were residential so I hate to see us doing strip zoning. Commissioner Bannock asked questions regarding the notices sent out. There were 12. This has come up in the past before and we've kind of let public response dictate to an extent and I thought we had talked to rezoning to a certain percentage of people had to be in agreement. Planning Specialist �. Loper: You had talked about it but there is no rule. Commissioner Bannock: We had a situation a few weeks ago that the only response was negative so it could be taken to say that the owners of the property either don't object or just didn't take the time to respond to it. But we did have four different people speaking out against it so I have to follow Carl for just a little bit and secondly, taking a look at the other map where it shows the different zones, I don't know that I want to be the one that starts doing the cutting in here, indenting there, a spot here and an acre there. Commissioner Brown: If this was denied would he be able to file for a conditional use permit where you could restrict the use? The Commission discussed this at length with no decision. Commissioner Bannock: From the letters, I don't think your neighbors have any real spite against Maggies Trading Post. I think, from the letters, you neighbors have a major hang up with it being turned into a commercial neighborhood, open for any kind of development that could ever want to happen. Commissioner Bannock: As an opinion, I really don't have a problem with either a home occupation or a conditional use. My only problem is changing zones. Commissioner Walker: I understand Mr. Glick's point of view on the strip zoning, however, I do not share the same opinion. To me, along the highway is not an appropriate place to have residential zoning. You don't want children close to the highway. To me an appropriate place for ,- a business is on the highway. It would be nice to have all our businesses right in town. I also understand the applicant's position that some of the commercial property is quite expensive. I would like to state that since there is commercial property around his, across the road and close, and perhaps if we put up some buffer zones and perhaps allow at least some KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 6 be discussing in our comprehensive plan. There should be some places up and down the highway that would be suitable for residential and some for commercial. Planning Specialist Loper referred the Commission to a section of the current approved Comprehensive Plan (1979) which stated that a large commercial shopping center was planned for the intersection of Beaver Loop Road and Spur Highway. Only an informational item. The Plan speaks to other development along the Spur Highway, mostly commercial but not really recommending. Commissioner Bryson: My basic concern is spreading out the general commercial areas whether its to be east or west. There is adequate commercial property and I believe the Plan gives an estimate of how much commercial property is available and during what period of time. The problem I see with this area is that it is developed as a residential community which might not be the case further east beyond this immediate area. Commissioner Brown: I would think that there would be a problem with spreading out the commercial zone, for the type of business he's talking about, however, by rezoning it to general commercial you're never assured of what's going to be built there. However, I've been in a lot of cities where there is strip zoning along the highways as long as you provide some buffer between the commercial and residential. I believe it would be appropriate as long as the owner didn't have a problem with the green strip on the south side of the property. MOTION: Commissioner Brown moved to approved PZ89-8, rezoning Govt Lot 44, Section 34 from RS to CG with the condition that the buffer zone no less than 30' wide be provided for along the south and west boundaries of the property, seconded by Commissioner Glick Commissioner Bannock: That's okay, and it will protect the neighbors but still that goes back to the general question. What are we going to do when another neighbor wants another lot zoned commercial two blocks away. That makes a patchwork. I suggested a long time ago, facetiously when we had so many gravel pit permits, why don't we turn the entire inner loop of Beaver Loop into a commercial zone to eliminate this, because about the only thing that was there were gravel pits. And if we start doing these pieces together, what about the people that really do want to live in there and really do like their residential neighborhood and its very possible we could box someone in on four sides with general commercial. If it is the Commission's desire to turn the corridor of the Spur Highway into general commercial that would be one thing but to do it one block at time or one lot at a time I think is a crime. Commissioner Bryson: I feel the inclusion of a buffer in the motion is inappropriate. I don't think that's in our authority to act on. MOTION AMENDMENT: KENAI PLANNING & ZONING COMMISSION July 27, 1989 Page 7 Commissioner Bryson moved to amend the motion by striking the reference to a buffer, seconded by Commissioner Glick Commissioner Bannock: Why don't you think it's appropriate. Commissioner Bryson: I think its mainly from the legal standpoint, we don't have that flexibility. We either approve a rezoning or we don't. Any buffer would have to be addressed through the platting procedure or any other means or legal document. Commissioner Glick: How was a buffer done in other situations? Chairman Nault: Those were conditional uses I think. Commission Glick: Not the parcel over by Mega. There was supposed to be a buffer between them and the apartment and there never was one. Commissioner Bryson: That was City property and the City was subdividing it and probably on the deed itself. VOTE AMENDMENT: Chairman Nault - yes Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - no Commissioner Walker - no Commissioner Glick - no Tie vote fails VOTE MAIN MOTION: Commissioner Bryson - no Commissioner Bannock - no Commissioner Brown - yes Commissioner Glick - no Commissioner Walker - yes Chairman Nault - no Motion Fails C'.1a f-""' Suggested by: Planning & Zoning Commission Substitute City of Kenai ORDINANCE NO. 1333-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE OFFICIAL CITY OF KENAI ZONING MAP FOR "A MINIMUM OF APPROXIMATELY ONE ACRE AND A MAXIMUM OF ONE AND ONE-FOURTH ACRE OF THE NORTHERLY PORTION OF GOVERNMENT LOT 44", SECTION 34, T6N, R11W, S.M. FROM SUBURBAN RESIDENTIAL (RS) TO GENERAL COMMERCIAL (CG). WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the Official City of Kenai Zoning Map depicts lands described as Government Lot 44, Section 34, T6N, R11W, S.M. as Suburban Residential (RS), and WHEREAS, the owner of the property has submitted a petition for the rezoning of a portion of the described lands to the General Commercial (CG) designation, and WHEREAS, the Land Use Plan of the Comprehensive Plan dated 1980 designates this area to be Medium Density Residential, and WHEREAS, the Kenai Planning & Zoning Commission held a public hearing on July 26, 1989 and August 23, 1989 for the purpose of reviewing this application and an amended application. As a result of these hearings the Commission recommends that the property described in Attachments A and B be rezoned from the Suburban Residential (RS) designation to the General Commercial (CG) designation. The Commission further recommends the Kenai Peninsula Borough amend the Kenai Land Use Plan accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Subject property consisting of those lands depicted in Attachment A and B and described as a minimum of approximately one acre and a maximum of one and one -quarter acre of the northerly portion of Government Lot 44, Section 34, T6N, R11W, S.M. are hereby rezoned to General Commercial (CG). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this sixth day of September, 1989. ATTEST: Janet Ruotsa a, City Clerk jal JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Third Reading: Effective Date: August 2, 1989 August 16, 1989 September 6, 1989 October 6, 1989 A �,�ci�ment A RR t .., 27 26 ° 34 33 „ " „ 12 9 ' n �' 1T 20 P A GF N - -sz L 1 -- —_ __ _ 21 maw I � K AF EN R'5 st B. I 1 ET 1 EJE 2 3 e ee C •• L -W c 1 ri ALIAK ST ` 1 6. 0lux* —D=our R- 5 4 7 9 I- F 105 101 SWIRES ELEMENTRY TRACT-1 .�e c 126 ' A 130 127 i 1541 150 111 T!1 I Attadimen� B � 292' 2" 289' S" 281.3' X 140' = 39,382 50 FT + 281.3' X 23' = 6,470 SO FT FOR A TOTAL OF 45,852 SO FT OR APPROX 1.05 ACRE TH IS AREA TO BE REZONED GENERAL COMMERCIAL APPROX. 56,000 FT. 30. THIS PORTION TO REMAIN RESIDENTIAL 100' 0" APPROX 28,130 SO FT OR 0.65 ACRES 4 --- 282' 0" 1240' 0" 4- 50' 0" -► �- 44� �. 3 LA jot-.j, N, ,mac 1791-1991 CITY OF KENAI 1044d 4 210 FIDALGO KENAI, ALASKKAA 99611 TELEPHONE M - 7535 FAX 907-283-3014 MEMO RANDUM TO: Mayor Williams and Council Members FROM: Janet Loper, Planning Specialist DATE: August 25, 1989 RE: Ordinance 1333-89: Petition to Amend the City of Kenai Off ical Zoning Map by Rezoning Gov't Lot 44, Sec. 34 to General Commercial (CG) - McGuire The Kenai Planning & Zoning Commission held a public hearing on the amended petition on Wednesday, August 23, 1989. The Commission voted 3 to 2 to recommend the rezoning to the General Commercial (CG) designation. A copy of the resolution, the unapproved minutes, and the proposed development design (not a preliminary plat - hand drafted by the peitioner) of that lot are attached. jal CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ_kf-& A RESOLUTION OF THE ADYJSDRIY PLANNING & ZONING COMMISSION OF THE _CITY KENA DWG DING FTR0VAL (DENIAL) OF THE REQUESTED RE20NING� ,WAND USE PLANINENNfi� StlBMiTTED BY C.`��_:�s (Applicant) FOR (legdescription) ' WHEREAS, the Commission finds the following: 1. The subject property is currently zoned 2. The present land use Rlan designation Qf the subject property is 3. The proposed CMNINLDISTRIC9 AND USE PLAN DESIGNATION for the affected property is ate, hearing as required has been conducted by the 4. An appropriate pu lic Commission on r 5. That the following additional facts,have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Panning & Zoning Commission of 'ty of Kenai th titioned Z01NG BLAND 01"L is hereby RECW*N-DDdP (NOT -RE to the Kenai City Council. PASSED by the Advisory Planning & Zoning Commission of the City of Kenai, Alaska, this �3nll day of l;.. v-- 19 jr . �2QU R Chair an ATTEST: 7-- Planning Secretary 8/84 KE NA = P LANK = NG & Z ON 2 NG COMM 2 S S = ON August 23, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Bryson, Brown, Glick, Gilman, Walker Absent: Nault, Bannock (excused) NOTE: Commissioner Bannock arrived after the meeting. Also, Margaret O'Reilly is now Mrs. Margaret Gilman. The name change is reflected throughout the minutes. 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-13: Rezone Govt Lot 34, Sec. 34, - From Suburban Residential (RS) to General Commercial (CG) - Maguire Vice Chairman Bryson called for public comments. Mr. Samuel Maguire: I am the applicant. We went to the City Council last week and I guess what happened was this suggestion, this request was turned in too late to get to the City Council so they asked us to come back here and talk to you people about it. I assume that what we're trying to do here ... due to the discussion at the last meeting, there seemed to be some discussion as to whether or not to zone part of this area residential and part of it commercial. I assume, because the City Attorney was there and he had talked to me about it, he didn't state that he had seen these papers, it would be permissible, under the application that I made, I asked specifically if I needed to make a new application and pay a new fee and I was told no, that under the present application we could introduce this. It does satisfy a couple of concerns. I have talked to Mr. Doyle who prepared this new design. This makes one of the other people who objected happy so that means that two of the four letters withdrawn. I am sure that when they find out that traffic will be coming on and off the Spur Highway that will make them happy. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 2 I've looked around since the last meeting and the way I see it, if we don't go to strip zoning we're not going to have a lot of progress because we have just about everything that can be used up to the high school tied up. Contrary to the people who don't care for strip zoning I think that if these kids were playing on the street the way they've been playing on the street back in residential areas, we'd have a problem on the highway. So I do believe that a business district along the Spur Highway is the best use. If somebody builds a couple of houses up there and has small children along there you're going to start getting petitions to cut the speed limit down. With businesses you don't have that. Mr. Doyle is suggesting that I use approximately 110' of the south side of my property as two residential lots and he and I jointly bring water & sewer back to service his three lots and my two lots. Then I can use lot 4 for my house. Lot 5 would probably be sold. The location of the store is going to depend on how it turns out once we get in there and actually start moving earth. Whether it will be located quite exactly where it is, it will be somewhere on that side of a commercial zone. We will use a single access on and off the highway. I will try to get the highway department to let me use a width that is a little wider than it is right now. Commissioner Brown: When we had this before us the last time it said that there was some question about the legalities about splitting the lot in half. I think it was more about the legality of having a buffer zone. I'm sorry, I didn't understand. I thought if we couldn't do the whole thing we couldn't do any of it. The City Attorney was sitting there and he's seen this because we had a discussion before hand about what was coming along here. I understand part of your concern about strip zoning, I know its bad. The gentleman that was sitting here was worried about somebody in a city lot getting blocked in by a bunch of commercial lots. He never looked to see that it was impossible down there for that to happen because everybody along the highway has a depth. I'm next to commercial, I've got a church across the street, I'm on the edge of a commercial area. Commissioner Brown: When we rezone something we would be rezoning the entire lot 44 which would include lot 4 and 5 since this lot 44 have not been subdivided. Vice Chairman Bryson: I would think you would have to make any rezoning contingent upon the creation of the lot. Mr. Maguire: As far as I'm concerned this lot 4 and 5 suits my purposes better because until the other night I didn't realize I couldn't put a house there. We're still not positive its going to wind up 5 lots. We're kind of asking you not to hold our feet to the fire. But it might wind up six lots. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 3 Commissioner Brown: Do you have a plat that shows how deep this lot 44 is. Mr. Maguire produced a tax parcel map for use as a map depicting footages. Mr. Doyle discussed a previous platting of his property, however, the plat was never introduced to the City except for the purposes of stubbing in water & sewer. MOTION: Commissioner Brown moved approval of PZ89-13 described as a minimum of approximately 1 acre and a maximum of 1 1/4 acre of the northerly portion of BIM Lot 44, seconded by Commissioner Glick. Commissioner Gilman: I have trouble with the idea of strip zoning in the first place. I think that you should have all residential or all commercial. I see this leading to other businesses wanting to develop residential into commercial as well. And in that area I really don't see that. Vice Chairman Bryson: I share her concerns. At the last meeting we were talking about the conditional use approach also so that the area wouldn't be zoned commercial so he could go ahead with his proposed business so I lean that way. Commissioner Gilman: Ls that something similar to issuing a permit for a bed & breakfast, the same theory? Vice Chairman Bryson: If the land use were approved he could build what was approved but it wouldn't open the area up to the broader sense of the commercial. Commissioner Glick: What do you think of this plan where he's going to break this piece out. Rather than rezone the whole thing. Vice Chairman Bryson: It apparently neutralizes the concern that the adjacent property owners are expressing. Mr. Doyle: Has this been done in the past, where residential has become commercial. Addressing Mrs. Gilman's concerns about strip zoning, it's one thing for Pete Zamarillo to put in a strip mall and another for a low key development. You can say its strip zoning but the way I see it as a developer is making residential property more valuable. Planning Specialist Loper: From the letters the concerns appeared to be from the standpoint that once the property is rezoned there is no control over the type of development. Mr. Doyle: I agree, if Mac sells in five years it could be a gas station. Commissioner Gilman: So if it were a conditional use than he couldn't sell it to someone who could turn it into a 7-11. Mr. Maguire: I thought at the last meeting you decided it couldn't be done. Planning Specialist Loper: I believe it's still being discussed. What the Commission has done in the past is issued conditional use permits to low key compatible businesses which are not addressed such as guide services. You have issued 5 of them. Vice Chairman Bryson: This sort of thing has been done in the past. As I remember Doyle's fuel service was rezoned and it operated under a conditional use for quite a long period of time. And then a year or two ago he rezoned it. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 4 Mr. Maguire: It sounds to me like nitpicking because if I wanted to buy a piece of Mr. Zubeck's property next door I can put in anything I want, and I'm trying to work with you people and I get told to go pay him $40,000 per acre so I can put anything on it I want. People can't stay downtown because they can't afford it. Mr. Maguire continued to discuss strip zoning at length. Commissioner Walker: I would like to see that happen, however, under the codes, as I read them, a conditional use is not a possibility because this is specifically a retail business. On the other hand, I see little or no reason if, subject to platting and approval of the plat, I see no reason why this buffer system would not work, and again, if his business is not there 20 years from now, there will be more and more zoning changes along that highway. As a citizen with small children I would never dream of having a house on that highway. It is logical for businesses. I understand it's nice to keep all your businesses in town, but that's not possible in all cases. It would probably be in our best interest to support this document. Commissioner Gilman: I have difficulty with the fact that there's an elementary school two blocks down. Commissioner Walker: Right across the road Mr. Zubeck has had that commercial property for many years and that didn't stop them from putting this elementary school in where there was already adjacent commercial property. I have trouble with commercial property on one side and not allowed on the other. .,�The Commission discussed the size of the description of the lot to be rezoned. property would need to be surveyed in description to be rezoned. VOTE: Motion passes Vice Chairman Bryson - no Commissioner Brown - yes Commissioner Glick - yes Commissioner Gilman - no Commissioner Walker - yes lot and surveying of the lot and The Commission agreed that the order to obtain an appropriate 5. APPROVAL OF MINUTES of July 26 and August 9, 1989 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS None c-z Suggested by: Administration City of Kenai ORDINANCE NO. 1334-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $17,000 IN THE GENERAL FUND AS A RESULT OF TWO LIBRARY GRANTS. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $10,000 for library books, and WHEREAS, the State of Alaska has awarded the City of Kenai another grant in the amount of $7,000 for personnel, books, and transportation to support library activities at Wildwood Correctional Center. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: State Library Grants $17,000 Increase Appropriations: Library - Salaries $ 4,997 Library - ESC 50 Library - Workers Comp 25 Library - Transportation 300 Library - Books 11 628 7 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsa a, City Clerk First Reading: August 16, 1989 Second Reading: September 6, 1989 Effective Date: September 6, 1989 Approved by Finance: �rlJ (8/7/89) jal C103 Suggested by: Administration City of Kenai ORDINANCE NO. 1337-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,604 IN THE GENERAL FUND FOR PAYMENT OF ADJUSTMENT AND LEGAL FEES RESULTING FROM A LAWSUIT. WHEREAS, a claim against the City of Kenai was defended by the City's insurance company and resulted in dismissal of the case, and WHEREAS, the City's insurance policy for this type of coverage carries a deductible of $10,000, and WHEREAS, the insurance company has billed the City of Kenai $6,603.08 for adjusting and legal fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Self -Insurance Reserve $6,604 Increase Appropriations: Nan -Departmental - Insurance $6,604 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of September, 1989. ATTEST: Janet Ruotsa a, City C er Approved by Finance: G°� (8/10/89) jal 1 JOHN J. WILLIAMS, MAYOR First Reading: Second Reading: Effective Date: August 16, 1989 September 6, 1989 September 6, 1989 ) 0 �' SCOTTSDALE INSURANCE COMPANY h July 31, 1989 City of Kenai Police Department 210 Fidalgo Drive Kenai, AK 99611 - S k-947 --- -9-b'� died,,.-r 64, RE: CLAIM NO: 73399-39 INSVR8D: City of Kenai Police Department POLICY NO: PPL710657 CLAIMANT: Richard Taylor Gentlemen: eSQ /l o l:e7 -ye"" This suit involved a lawsuit titled Richard Taylor vs. Ronald Carter, et al. The firm of James eendell was retained to defend the case. The claim was dismissed. The total expense in defending this case was $6,603.08. The loss paid was none. There is a deductible under the above captioned policy of $10,000.00. This sum includes both loss and loss adjustment expenses, including legal fees, we would appreciate reimbursement in the amount of $6,603.08 in accordance with the terms of your policy. Please send your check to Scottsdale Insurance Company at the noted address. Your cooperation is appreciated. Yours uly, Patricia Baltutis Recovery Department PS/es 7216/IP9/720 cc: Agent 1455017 Claims Department Pont Office Box C-4120 8370 E. Via De Ventura Scottsdale, AZ 852614120 Scottsdale. AZ 85258 (602)948 1-800-423-7675 «Me"be' ft FAX 602-483-67R. M«onM.ae`r�oup c -4 Suggested by: Administration City of Kenai 18MLUTI0N NO. 89-62 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING MUNICIPAL ASSISTANCE FUNDING FROM THE STATE OF ALASKA. WHEREAS, AS 29.60.350 requires the governing body of a municipality to approve a resolution requesting municipal assistance funding; and, WHEREAS, the City of Kenai has a fiscal year beginning July 1 and ending on June 30; and WHEREAS, the City of Kenai is desirous of receiving municipal assistance funding. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, by this resolution hereby requests distribution of funding from the municipal assistance fund to the City of Kenai by the Department of Community and Regional Affairs on the date required by law. PASSED BY THE COUNCIL OF THE CITY OF KENAI,.ALASKA, this-6th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsa a, City Clerk Approved by Finance:` _ y (8/23/89) jal c-s Suggested by: Administration City of Kenai fd=LUTION NO. 89-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING PARTICIPATION IN THE OIL SPILL COMMUNITY ASSISTANCE GRANT PROGRAM. WHEREAS, the City of Kenai wishes to provide maintenance and operation of the Kenai Municipal Dock Facility for use in the community; and WHEREAS, this municipality is an applicant for a grant in the amount of $41,760 under the Oil Spill Community Assistance authorized by State law. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is authorized to negotiate and execute any and all documents required for granting and managing Oil Spill Community Assistance grant funds on behalf of this municipality. BE IT FURTHER RESOLVED that the City Manager is also authorized to execute any subsequent amendments to the grant agreement to provide for changes to the project within the scope of services or tasks, based upon the needs of the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of September, 1989. ATTEST: Janet Ruotsa a, City Clerk Approved by Finance: c Q4Y (8/31/89) jal JOHN J. WILLIAMS, MAYOR 1 1791-1991 CITY OF KENAI "Od Oapdai 4 44z"all 210 FIDALGO KENAI, ALASKA 99M1 TELEPHONE 293 - 7535 FAX 907-283-3014 August 31, 1989 Exxon Claims Office 3201 "C" Street, Suite 310 Anchorage, Alaska 99503 Attn: Doug Branham RE: CLAIM - XWQ1 lEMCIPAL DOCK The City of Kenai is submitting this letter as a claim for reimbursement for lost revenues to the Kenai Municipal Dock. The claim is for the months of July and August, 1989, and is for $41,760. Attachment "A" consolidates the financial information, showing lost net revenue for wharfage and petroleum sales. Details of transactions for each of these accounts are also shown on the attached "Inquiry" printouts. The Exxon Valdez oil spill resulted in closure -of the Upper Cook Inlet drift fishery. As a result, virtually the entire Kenai drift fleet sat idle and the usual services provided by the Municipal Dock were not utilized. This resulted in lost wharfage of $29,035 and lost net revenue on petroleum sales (based upon our margin of markup) of $12,725, compared with corresponding months in 1988. The Municipal Dock was built for and is primarily used for unloading fish for the drift fleet and for fueling of the fleet. The lost revenue has negatively impacted the dock operation and its ability to finance maintenance and operation. The City of Kenai also believes that its fish tax revenue has been significantly reduced as a result of the oil spill and subsequent fishing closure. Data on fish tax is collected by the State of Alaska on a calendar year basis and the amount of the claim cannot be determined until some time in 1990. We will be submitting such a claim at a later date. The City is evaluating the impact of the oil spill on various non-profit agencies performing community services within the city, and may also include those costs as a claim at a later date. ..- Please process this claim as soon as possible. I will be waiting for your response as I must file with the State of Alaska's Oil Spill Assistance Grant program by September 15, 1989, if Exxon does not reimburse these losses. Write me at the above address or call (907) 283-7538 if you have questions. Sincerely, Charles A. Brown Finance Director CAB/tmh attachment .. letters/exxon J ATTACHMENT A , REVENUES, KENAI MITNICIPAL DOCK r JULY & AUGUST, 1988 & 1989 PETROL MARGIN LOSS OF BASED ON LOSS OF JULY AUGUST 1988 .IDLY AUGUST 1989 GROSS SALES NET REVENUE ACCOUNT 1988 1988 TOTAL 1989 1989 TOTAL REVENUE PRICE REVENUE DOCK & CRANE RENTALS 46,300 0 46,300 46,300 0 46,300 0 0 " WHARFAGE 27,195 3,230 30,425 2 1,388 1,390 29,035 29,035 PETROLEUM SALES 30,-498 36,387 66,885 3,602 7.446 11,049 55,837 22.79% 12,725 TOTAL 103,993 39,617 143,610 49,904 8,834 58,738 84,872 41,760 - 17 r� i� 1 fa fa � b f1 Z• n �a of — _ - - - --- - - — -- ------ -- --- - - -- -- -- ; of as 34 H 77 t ! f• ...I-- --'----_------..—.._. _._ -------_ --�..--_- —_-- --- —_-_---_.- ---- ad al' AS as 40 47 ss sa �'• I s 61 C 4ft (0 Suggested by: Administration City of Kenai RESOLUTION NO. 69-64 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1989-90 GENERAL FUND BUDGET. FROM: Other - Contingency $ 10,000 TO: Legal - Professional Services $ 10,000 t This transfer provides money to continue litigation to collect special assessments. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsa a, City Clerk Approved by Finance: Cq Q (8/31/89) jal Suggested by: Administration RESOLUTION NO. 89-65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE AIRPORT TERMINAL FUND FOR REPAIRS, PAINTING, AND CARPETING NOT INCLUDED IN THE AIRPORT TERMINAL RENOVATION. FROM: Contingency $<5,000> TO: Repairs and Maintenance $ 51000 This transfer provides money to repair doors at the south end of the terminal and replace one door, to repair and repaint walls in the restroom and restaurant in south terminal, recarpet the foyer of the south entry and level the storage room floor, and replace the vanity in men's sev44 restroom. rn or-", PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance: C 99if Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-66 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF 1989 LAWTON DRIVE EXTENSION STREET IMPROVEMENTS TO QUALITY ASPHALT PAVING FOR THE TOTAL CONSTRUCTION AMOUNT OF $53,241.00. WHEREAS, the following bids were received on September 6, 1989 for the above referenced project: CONTRACTOR TOTAL BID Quality Asphalt Paving $ 53,241.00 Harley's Trucking 53,425.00 Engineer's Estimate 53,190.00 WHEREAS, the City of Kenai has received a grant and are assessing adjacent property owners to help fund this project, and WHEREAS, the recommendation from Wince, Corthell, Bryson, the project design consultant, and the Public Works Department is to award the contract to Quality Asphalt Paving for the total construction cost of $53,241.00, and WHEREAS, the Council of the City of Kenai has determined that Quality Asphalt Paving 's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of 1989 LAWTON DRIVE EXTENSION STREET IMPROVEMENTS be awarded to QUALITY ASPHALT PAVING for the total construction amount of $53,241.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance 11 Written by Public Works c-4 Suggested by: CITY OF KENAI RESOLUTION NO. 89-67 Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF 1989 TOYON WAY, FATHOM DR. INTERSECTION STREET IMPROVEMENTS TO HARLEY'S TRUCKING FOR THE TOTAL CONSTRUCTION AMOUNT OF $66,603.00. WHEREAS, the following bids were received on September 6, 1989 for the above referenced project: CONTRACTOR TOTAL BID Harley's Trucking $ 66,603.00 Quality Asphalt Paving 71,076.00 Foster Construction 89,420.00 Engineer's Estimate 51,064.00 WHEREAS, the City of Kenai has received a grant and are assessing adjacent property owners to help fund this project, and WHEREAS, the recommendation from Wince, Corthell, Bryson, the project design consultant, and the Public Works Department is to award the contract to Harley's Trucking for the total construction cost of $66,603.00, and WHEREAS, the Council of the City of Kenai has determined that Harley's Trucking 's bid is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of 1989 TOYON WAY, FATHOM DR. INTERSECTION STREET IMPROVEMENTS be awarded to HARLEY'S TRUCKING for the total construction amount of $66,603.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance Written by Public Works cjdLle Suggested by: Administration CITY OF KENAI RESOLUTION NO. 89-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF KENAI MUNICIPAL AIRPORT FLOAT PLANE FACILITY IMPROVEMENTS COMMERCIAL SLIPS TO FOSTER CONSTRUCTION FOR THE TOTAL CONSTRUCTION AMOUNT OF $55,240.00 WHICH INCLUDES ONLY THE BASIC BID. WHEREAS, the following bids were received on September 6, 1989 for the above referenced project: CONTRACTOR BASIC BID ALT. 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 TOTAL BID Foster Construct. $55,240.00 $9235.00 $8302.50 $9190.00 $7728.00 $7615.00 $97,310.50 D & L Construct. 59,240.00 6470.00 6852.50 7225.00 7255.00 7925.00 94,967.50 CIC, Inc. 64,758.75 6615.00 6727.50 6790.00 6820.00 8070.00 99,781.25 Engineer Estimate 58,411.00 6790.00 6940.00 '7530.00 7570.00 8730.00 95,971.00 WHEREAS, the following is a description of the basic bid and the alternates: Basic: Road and parking lot to the commercial area and for the first five (5) commercial float plane parking slips. Alternates 1 - 5: An additional slip for each alternate. WHEREAS, the recommendation from William J. Nelson and Associates, the project design consultant, the Public Works Department and the Airport Manager, is to award the contract to Foster Construction for the basic bid only, for the total construction cost of $55,240.00, and WHEREAS, the Council of the City of Kenai has determined that Foster Construction's bid for the basic bid and none of the alternates would be in the best interest of the City, and is the lowest responsible bid, and WHEREAS, sufficient monies are appropriated for the basic bid. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of KENAI MUNICIPAL AIRPORT FLOAT PLANE FACILITY IMPROVEMENTS COMMERCIAL SLIPS be awarded to FOSTER CONSTRUCTION for the total construction amount of $55,240.00 which includes the basic bid only. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk Approved by Finance Written by Public Works rv�a j* / 34Se CONSUL7r4G ENGINEERS Z� S�'RUCI STRUCTURAL CIVIL PLANNING 1 September 6, 1989 Keith Kornelis, Director of Public Works City of Kenai 210 Fidalgo Kenai, AK 99611 Re: KENAI FLOAT PLANE FACILITY COMMERCIAL SLIPS - INSPECTION & SURVEYING Dear Keith, We propose to provide construction inspection and surveying services for the Commercial Slips Basic Bid in conformance with our existing contract for the Float_Plane Facility. Our fee will not exceed $5,500.00. Sincerely, . J. Nelson, PE S1ipInsp.pro 145 I Introduced by: Dimmick Date: July 16, 1985 Vote: UNANIMOUS Action: ADOPTED KENAI PENINSULA BOROUGH RESOLUTION 85-130 PROVIDING FOR A BALLOT PROPOSITION TO ACQUIRE THE AREAWIDE POWER TO PROVIDE FUNDING FOR SENIOR CITIZEN PROGRAMS WITHIN THE KENAI PENINSULA BOROUGH. WHEREAS, the Borough does not currently have authority to expend tax revenues for senior citizen programs; and WHEREAS, the acquisition of such additional authority requires approval of the voters of the Borough; NOW THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH: Section 1. That there shall be placed on the ballot at the next regular election the following proposition: PROPOSITION: "Shall the Kenai Peninsula Borough have the areawide power to provide for grant funding for operations and programs of senior citizens organizations located within the borough?" Yes No Section 2. That upon approval by the voters, the assembly shall �a opt or enact measures to implement this authority. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS 16th DAY OF JULY 1985. Marilyn Di7dic-k, Assembly President ATTEST: D --3 ECONOMIC DEVELOPMENT COMMISSION August 10, 1989 7:OOpm Homer Electric Associaton Conference Room Vince O'Reilly, Chairman 1. The meeting Was not called to order because of the absence of a quorum. A work session and general discussion was -hsJA. conducted. 2. ROLL CALL: Vince O'Reilly--EDC Commission Mayor John Williams, Ad Hoc Member of the EDC Bob Summers of the Airport Commission Barry Eldridge of the Harbor Commission Marion Nelson Shirley Wallingford 3. Mayor Williams opened the discussion by giving a general outline of the EDC and it's mission for the City of Kenai. Mayor Williams talked about the various projects the EDC has had input on and the recent resignation of EDC Commissioner, Darren Bond. The purpose of this work session was to discuss the need for new direction and new membership for this commission. A general discussion followed. 4. Bob Summers had another meeting to attend so he spore f'_rst. He updated everyone on the •.cork of the Airport Commission and the upcoming opening of the bar, restaurant and gift shop. Mr. Summers appreciated the invitation to come to the EDC meeting and agreed with the Mayor and Chairman O'Reilly about the need to keep in touch with other commissions and see what they are doing. He thought that a quarterly combined meeting with Harbor, Airport and EDC was a good idea. Ideas for an open house for the airport were also discussed. 5. A discussion followed with every one present contributing. Marion explained her ideas/agenda for the EDC if she is appointed to the Commission. She also suggested an earlier time in the day for the meeting. Shirley also shared her views and ideas on the EDC and future development plans for the City of Kenai. 6. Chairman O'Reilly stated again his intention to resign as chair when the new members are appointed. He appreciated everyone coming and sharing their ideas for the the future direction and goals for the EDC and the City of Kenai. Thank you all for coming. The next meeting of the EDC will be held September 21 at 7pm. Patti Truesdell, Recording Secretary for the City of Kenai D 5" KENAI ADVISORY LIBRARY COMMISSION August 8, 1989 Kathy Heus, Chair 1. CALL TO ORDER: The meeting was called to order at 7:30pm by Kathy Heus. 2. ROLL CALL: Kathy Heus Absent: Joanne Elson Janice Rodes Carol Brenckle Paul Turner Doug Emory Dennis Simmons In attendance: Mayor John Williams, Councilwoman Chris Monfor, Linda and Bob McNair 3. APPROVAL OF AGENDA: Paul Turner moved to approve the agenda. Dennis Simmons seconded the motion. Motion carried. 4. APPROVAL OF THE MINUTES OF JUNE 6, 1989: In section #4 it should be Dennis Simmons not Doug Simmons. A motion was made to approve the minutes with one correction. Motion seconded. Motion carried. 5. PERSONS SCHEDULED TO BE HEARD: None 6. DIRECTOR'S REPORT: Commissioners were given the Monthly Management Report for July, the circulation reports for June and July and a report on the Summer Safari Program. Emily also passed out an article on Fax development and services. The new part-time employees have been hired and are working out well. Good news! The circulation for the summer was down a little. The Newsbank index is now in use at the library. Emily responded to questions from the commissioners about the Management Report and the various summer programs that are now "winding down". It was a good summer and the Summer Safari program was well attended. 7. OLD BUSINESS: a. Budget: The extra staff person was approved and two part-time staff have been hired. b. Kenai Comprehensive Plan: The Library Commissions Goals and Objectives were reviewed at the last meeting. After going over the revised draft and some general discussion, Page Two Kenai Library Commission Meeting August 8, 1989 Cathy called for a motion on the revised draft. Paul Turner moved to approve the Goals and Objectives for the Kenai Library Commission as amended. Dennis Simmons seconded the motion. Motion carried. A copy of the revised Goals and Objectives will be in the Commissioner's packets for the next meeting. c. Satellite Library: Emily had a report on the estimated cost of setting up a Satellite Library on the east side of Kenai. The report was reviewed but no action was taken at this time. 8. NEW BUSINESS: a. Summer Reading Program: A report was given during the Director's Report. Linda McNair talked in a little more detail about how the program actually worked. Etc by Su donated many stuffed animals to help decorate the reading room for the program. b. Next Meeting Date: The next meeting of the Library Commission will be October 3rd at 7:30pm. c. Other New Business: None 9. COMMISSIONER'S COMMENTS/QUESTIONS: Janice felt the meeting had accomplished a lot and enjoyed the good food and hospitality of Dennis and his family. Paul thought the idea of a pot luck had been a good one and praised Kathy for her efficient chairing of the meeting. Dennis thanked everyone for coming and especially wanted to thank Carol Brenckle for the great idea of having a summer barbecue! It was a great idea. Kathy said she would draft a letter to the Kenai City Council about the revised goals and objectives and thanked Dennis for inviting everyone to his home. (Your turn next, Carol.) 10. ADJOURNMENT: The meeting was adjourned at 8:20pm. Next meeting will be October 3, 1989 at 7:30pm. Patti—T-ruesdell Recording Secretary for the City of Kenai KE NA = PL.ANN = NG & Z ON = NG COMM 31S S = ON August 23, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Bryson, Brown, Glick, Gilman, Walker Absent: Nault, Bannock (excused) NOTE: Commissioner Bannock arrived after the meeting. Also, Margaret O'Reilly is now Mrs. Margaret Gilman. The name change is reflected throughout the minutes. 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-13: Rezone Govt Lot 34, Sec. 34, - From Suburban Residential (RS) to General Commercial (CG) - Maguire Vice Chairman Bryson called for public comments. Mr. Samuel Maguire: I am the applicant. We went to the City Council last week and I guess what happened was this suggestion, this request was turned in too late to get to the City Council so they asked us to come back here and talk to you people about it. I assume that what we're trying to do here ... due to the discussion at the last meeting, there seemed to be some discussion as to whether or not to zone part of this area residential and part of it commercial. I assume, because the City Attorney was there and he had talked to me about it, he didn't state that he had seen these papers, it would be permissible, under the application that I made, I asked specifically if I needed to make a new application and pay a new fee and ` I was told no, that under the present application we could introduce this. It does satisfy a couple of concerns. I have talked to Mr. Doyle who prepared this new design. This makes one of the other people who objected *" happy so that means that two of the four letters withdrawn. I am sure that when they find out that traffic will be coming on and off the Spur Highway that will make them happy. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 2 I've looked around since the last meeting and the way I see it, if we don't go to strip zoning we're not going to have a lot of progress because we have just about everything that can be used up to the high school tied up. Contrary to the people who don't care for strip zoning I think that if these kids were playing on the street the way they've been playing on the street back in residential areas, we'd have a problem on the highway. So I do believe that a business district along the Spur Highway is the best use. If somebody builds a couple of houses up there and has small children along there you're going to start getting petitions to cut the speed limit down. With businesses you don't have that. Mr. Doyle is suggesting that I use approximately 110' of the south side of my property as two residential lots and he and I jointly bring water & sewer back to service his three lots and my two lots. Then I can use lot 4 for my house. Lot 5 would probably be sold. The location of the store is going to depend on how it turns out once we get in there and actually start moving earth. Whether it will be located quite exactly where it is, it will be somewhere on that side of a commercial zone. We will use a single access on and off the highway. I will try to get the highway department to let me use a width that is a little wider than it is right now. Commissioner Brown: When we had this before us the last time it said that there was some question about the legalities about splitting the lot in half. I think it was more about the legality of having a buffer zone. I'm sorry, I didn't understand. I thought if we couldn't do the whole thing we couldn't do any of it. The City Attorney was sitting there and he's seen this because we had a discussion before hand about what was coming along here. I understand part of your concern about strip zoning, I know its bad. The gentleman that was sitting here was worried about somebody in a city lot getting blocked in by a bunch of commercial lots. He never looked to see that it was impossible down there for that to happen because everybody along the highway has a depth. I'm next to commercial, I've got a church across the street, I'm on the edge of a commercial area. Commissioner Brown: When we rezone something we would be rezoning the entire lot 44 which would include lot 4 and 5 since this lot 44 have not been subdivided. Vice Chairman Bryson: I would think you would have to make any rezoning contingent upon the creation of the lot. Mr. Maguire: As far as I'm concerned this lot 4 and 5 suits my purposes better because until the other night I didn't realize I couldn't put a house there. We're still not positive its going to wind up 5 lots. We're kind of asking you not to hold our feet to the fire. But it might wind up six lots. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 3 Commissioner Brown: Do you have a plat that shows how deep this lot 44 is. Mr. Maguire produced a tax parcel map for use as a map depicting footages. Mr. Doyle discussed a previous platting of his property, however, the plat was never introduced to the City except for the purposes of stubbing in water & sewer. MOTION: Commissioner Brown moved approval of PZ89-13 described as a minimum of approximately 1 acre and a maximum of 1 1/4 acre of the northerly portion of BLM Lot 44, seconded by C mnissioner Glick. Commissioner Gilman: I have trouble with the idea of strip zoning in the first place. I think that you should have all residential or all commercial. I see this leading to other businesses wanting to develop residential into commercial as well. And in that area I really don't see that. Vice Chairman Bryson: I share her concerns. At the last meeting we were talking about the conditional use approach also so that the area wouldn't be zoned commercial so he could go ahead with his proposed business so I lean that way. Commissioner Gilman: Is that something similar to issuing a permit for a bed & breakfast, the same theory? Vice Chairman Bryson: If the land use were approved he could build what was approved but it wouldn't open the area up to the broader sense of the commercial. Commissioner Glick: What do you think of this plan where he's going to break this piece out. Rather than rezone the whole thing. Vice Chairman Bryson: It apparently neutralizes the concern that the adjacent property owners are expressing. Mr. Doyle: Has this been done in the past, where residential has become commercial. Addressing Mrs. Gilman's concerns about strip zoning, it's one thing for Pete Zamarillo to put in a strip mall and another for a low key development. You can say its strip zoning but the way I see it as a developer is making residential property more valuable. Planning Specialist Loper: From the letters the concerns appeared to be from the standpoint that once the property is rezoned there is no control over the type of development. Mr. Doyle: I agree, if Mac sells in five years it could be a gas station. Commissioner Gilman: So if it were a conditional use than he couldn't sell it to someone who could turn it into a 7-11. Mr. Maguire: I thought at the last meeting you decided it couldn't be done. Planning Specialist Loper: I believe it's still being discussed. What the Commission has done in the past is issued conditional use permits to low key compatible businesses which are not addressed such as guide services. You have issued 5 of them. Vice Chairman Bryson: This sort of thing has been done in the past. As I remember Doyle Is fuel service was rezoned and it operated under a conditional use for quite a long period of time. And then a year or two ago he rezoned it. KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 4 VOTE: Mr. Maguire: It sounds to me like nitpicking because if I wanted to buy a piece of Mr. Zubeck's property next door I can put in anything I want, and I'm trying to work with you people and I get told to go pay him $40,000 per acre so I can put anything on it I want. People can't stay downtown because they can't afford it. Mr. Maguire continued to discuss strip zoning at length. Commissioner Walker: I would like to see that happen, however, under the codes, as I read them, a conditional use is not a possibility because this is specifically a retail business. On the other hand, I see little or no reason if, subject to platting and approval of the plat, I see no reason why this buffer system would not work, and again, if his business is not there 20 years from now, there will be more and more zoning changes along that highway. As a citizen with small children I would never dream of having a house on that highway. It is logical for businesses. I understand it's nice to keep all your businesses in town, but that's not possible in all cases. It would probably be in our best interest to support this document. Commissioner Gilman: I have difficulty with the fact that there's an elementary school two blocks down. Commissioner Walker: Right across the road Mr. Zubeck has had that commercial property for many years and that didn't stop them from putting this elementary school in where there was already adjacent commercial property. I have trouble with commercial property on one side and not allowed on the other. The Commission discussed the size of the lot and surveying of the lot and description of the lot to be rezoned. The Commission agreed that the property would need to be surveyed in order to obtain an appropriate description to be rezoned. Motion passes Vice Chairman Bryson - no Commissioner Brown - yes Commissioner Glick - yes Commissioner Gilman - no Commissioner Walker - yes 5. APPROVAL OF MINUTES of July 26 and August 9, 1989 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS None KENAI PLANNING & ZONING COMMISSION August 23, 1989 Page 5 8. PLANNING Work Session to follow meeting regarding proposed Recreation Zone - material will be available at the meeting. The Commission agreed to another work session following the next meeting, September 13th. 9. REPORTS a. City Council Councilman Smalley not in attendance b. Borough Planning Commissioner Bryson reported on the status of the proposed ordinance pertaining to conditional use permits. There has been no support. c. City Administration Planning Specialist Loper will be gone for the next meeting. The City Clerk will be sitting in. NOTE: Councilman Smalley arrived at this point Commission and Councilman Smalley discussed the Rhyner appeal. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - August 16, 1989 b. Borough Planning Agenda - August 21, 1989 C. APA Magazine 12. COMMISSION COMMENTS & QUESTIONS A map containing properties which have been issued permits for business or docks, was introduced and will be kept for reference purposes. 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper, Planning Specialist Secretary to the Commission M KE NA = BEAU T 2 F =CAT = ON COMM = T TE E August 29, 1989 - 1:30 P.M. Kenai City Hall Council Chambers Chairman Tim Wisniewski 1. ROLL CALL Present: Vice Chairman Jackson, McComsey, Sheldon, Sparks Absent: Hakkinen, Selby, Wisniewski Also Present: Councilwoman Swarner, Bill Mussen, Janet Loper 2. PERSONS PRESENT SCHEDULED TO BE HEARD a. Claudia Furlonq of Bicentennial Visitor & Convention Bureau Ms. Furlong is representing the Bicentennial Visitors and Convention Bureau Committee and wished to speak to the- Beautification Committee regarding banners for the Bicentennial. It was the wish of the Bureau to utilize the existing brackets for Bicentennial banners and further to request funding for the banners. Designs were done by Kenai Central High School students and were passed around. The Committee discussed funding at length. There is no provision in the budget this year for new banners at all. The Committee stated that they had understood the Bureau had been advertised as being fully funded. Ms. Furlong answered no, that there were some funds available but they did not meet the entire needs of the projects. The Committee discussed the possibility of moving the existing banners onto Willow Street or storing the banners while the new Bicentennial banners were up. A rough cost estimate for banners from a local person is $200 each or from Highflying Banners $125, excluding the banding. Planning Specialist Loper asked if the banners would be the property and responsibility of the Bureau or the City as there are costs involved in putting them up and taking them down. Ms. Furlong will return with a more accurate cost estimate and the Committee will support the concept. The Committee agreed that the designs were very good and could be used beyond the Bicentennial. 3. APPROVAL OF AGENDA Councilwoman Swarner asked that signage for Kenai be added to the agenda, it was agreed. 4. APPROVAL OF THE MINUTES OF July 11, 1989 Minutes were approved as submitted. KENAI BEAUTIFICATION COMMITTEE August 29, 1989 Page 2 5. OLD BUSINESS a. Lawton Strip Cleanup - Update The Committee discussed the work completed and whether or not to continue. There had been discussion regarding a trail and additional clearing through the area, however, because of comments from local residents, any additional clearing into the interior of the wooded area will be suspended. Also to be considered is additional upkeep by the City crews. Councilwoman Swarner stated that she had attended a meeting with the Cooperative Extension Service and had learned that they had some trees that were ready to be transplanted and suggested that they would be used in the cleared area of Lawton Strip. Councilwoman Swarner informed the Committee that the Spur Highway widening is slated to begin ?. It was suggested that perhaps the road crews would be utilizing the cleared spot in the Lawton Strip area for use of their equipment and planting trees should be kept on hold temporarily. The trees could be used to replace dead or dying trees in other areas. The Committee discussed rest areas and signage advertising Kenai in those areas. It would be ideal if Kenai could find and area either on the Spur Highway or K-Beach Road for a rest area, however, no decision was reached. The Committee agreed to keep this in mind for a future project. Councilwoman Swarner stated that Mayor Williams had suggested signage along the highway for Kenai to be done by the State Department of Transportation. The signage would be placed for traffic coming from Homer and indicating a turn onto K-Beach Road for_Kenai. The Committee discussed approaching the State about such a sign and asked that administration pursue this. Depending upon the outcome the Committee will discuss a larger sign. 6. NEW BUSINESS a. Christmas Decorations A representative from Perrine Decorating had passed through Kenai and left some pictures and a small brochure regarding decorations. They were presented to the Committee, however, they agreed that no new decorations were needed at this time. Any replacement bulbs are taken care of by the Parks & Recreation Director b. Banners This item taken care of under item 2. C. Beautify Old Towne At the meeting of July llth, Sally Bailie informed the Committee that the BV&CB was interested in any plans the Committee had regarding cleaning up and beautifying Old Towne. The Committee discussed this and felt that, from the beginning, their areas of interest would be the business district and the areas leading into the downtown area. Since a study or plan already existed and was turned over to the Old Towne Committee, the KENAI BEAUTIFICATION COMMITTEE August 29, 1989 Page 3 forerunner of the BV&CB they would leave any efforts in that area to them. d. Budaet The Committee had asked that a run down of monies left over from the 1988/89 budget be made available for review. The Committee went over these items with Bill Mussen. Also amounts on the new budget. e. Park Project - Report from Field Trip to Soldotna As Mr. Mussen had been involved in some of the activities with the Soldotna parks that were visited, he discussed the creation of those parks with the Committee. It was a general consensus that the Soldotna parks were nearly in place when the project began and to do any work similar to them, work would be much more extensive. f. Memorial Park - Additional Sidewalk Proposal City Engineer Jack LaShot had drafted a plan placing the sidewalks and structures in the park and a second plan which suggested areas for additional sidewalks and planting. The Committee reviewed the plan at length and agreed to bring this back at the next meeting as no sidewalks could be put in this year. The Committee agreed that the idea of benches Would remain an option of an individual wanting to purchase one and mark it similarly to a tree. 7. COMMITTEE COMMENTS & QUESTIONS The Committee voiced an interest in Municipal Park and asked if anything were moving ahead regarding the land swap. Councilwoman Swarner answered that it was still on hold. Councilwoman Swarner suggested a way of identifying flora indigenous to the area. The Committee discussed this at length with several suggestions. One was to have landscapers or nurseries who place trees in the Memorial Park place small markers at the site indicating their company name and the specie of the tree. The same could be done for the mounds. There are two planter boxes near the park that could be used for this purpose also. The Municipal Park would be a perfect place, however, the area is still too transient. The Committee agreed to place this on their next agenda as a possible ongoing project. 8. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper Planning Specialist Secretary to the Committee E -/ Kenai City Council August 16, 1989 Insert, Top of Page 3 Councilwoman Monfor: One question, on the picture where your van is and then its a gully. Is that a state ROW or do you own that. Mr. Rhyner: The state ROW starts from the side of my van. I need the variance to be 14. FqP / August 7, 1989 7b THe Rear Admiral Paul Federal On -Scene U. S. Coast Guard P. O. Box 8 Yost Coordinator Valdez, Alaska 99686 Dear Admiral Yost: 6789 0 µ Thank you for providing Saturday's excellent tour of the clean-up sites in Prince William Sound. I commend both the captain and the crew of the USCG Cutter "Resolute" for the informative and enjoyable day. Captain Crowe was most helpful in providing details of the clean-up efforts. My major concern at this point is that both federal and state agencies continue to insist that Exxon proceed with the clean-up program. I'm - disturbed that Exxon is now setting the stage to leave next spring when many of us'feel there will be tar balls and other residuals of the oil spill that will require attention at that time. It is my belief that teams of individuals will be required to work on the beaches to collect the tar which accumulates during the winter months. If Exxon is not committed to continue the clean-up program, we would favor having funding provided to municipalities, native corporations or other agencies to do the job. Other concerns that I will speak to you about are my fear of tankers from small companies plying our waters in Prince William Sound, the need for bonding on those vessels, mandated citizens .review committee on all oil spill contingency plans and the advisability of having the industry act as the initial response to oil spill disasters. Thank you for the opportunity to speak with you. I appreciate your willingness to discuss my concerns, and I look forward to meeting with you. Yours truly, ohn Devens, Ph.D. Mayor id P O BOX 307 • VALDEZ. ALASKA 99888 TELEPHONE 1907183S-4313 9 TELEX 2S•381 9 TELECOPIER 49071 99B_2962 August 2, 1989 Office of the Mayor TO: Jean Baptiste Henry -A: 'v Tres FROM: John Devens, Mayor City of Valdez, Alaska SUBJECT: Visit to France F -Z �23�42s\ i AUG 1989 A) N4:4rocs, 6 The Alaskan Mayors and Village representatives have discussed the French/Alaskan Conference in France in October. Many of us hope to come to France and look forward to a continued sharing of information. With regard to your questions in your recent FAX, I believe the major goals for the next conference should include: 1. A more formal resolution from our people expressing our outrage regarding oil spills and the lack of responsible action on the part of the companies responsible for spilling the oil. 2. I believe we discussed inviting representatives from other areas of the world who have experienced major oil spills. 3. I know the Alaskans will appreciate an opportunity to walk on your beaches and talk to the people who have experienced many oil spills and the problems associated with recovery. 4. Hopefully we can be the nucleus of a world organization of individuals and communities involved with oil spill tragedies. It will help many of our people to make their plans and to receive the necessary budget authority if you could send them a written invitation to the conference. Some of our people must gain permission through their City Councils or Native Associations. A general invitation to community leaders could be sent to me and I can have it copied and distributed. We have received a first draft of the proceedings from the Alaska conference. I am asking an interpreter to listen to the tape and make any necessary corrections. When we have a good copy I will P.O. BOX 307 • VALDEZ, ALASKA 99686 �n r.x +na,r rnn+. nna ew++ . rr. ry nr ww• �.. rn..w.....ww+...•� w.•w+ - Page 2 send it to you. I feel it is quite possible to have Alaskan State Senators and representatives from our region accompany us to France for the next conference. If you still wish to have State level representatives, I would be happy to extend an invitation to them. Please tell all of our friends in France that the Oiled Mayors of Alaska enjoyed the time we spent with them and look forward to seeing them again. Sincerely, John Devens PAYMENTS OVER $1,000 WHICH NEED COUNCIL APPROVAL OR RATIFICATION COUNCIL MEETING OF: SEPTEMBER 6,1989 FOR RATIFICATION: VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. HOMER ELECTRIC BLUE CROSS KEY TRUST CO. ALASKAN FEDERAL CREDIT UNION NATIONAL BANK OF ALASKA ALASKA OIL SALES ICMA RETIREMENT CORP. ENSTAR NATURAL GAS TELEPHONE UTILITIES STATE OF ALASKA MIKUNDA, COTTRELL NATIONAL BANK OF ALASKA ELECTRICITY USAGE VARIOUS UTILITIES 2.880.98 SEPTEMBER MEDICAL INS. VARIOUS HEALTH INSURANCE 29,761.65 1967 DEBT SERVICE PAYMENT 1967 DEBT SERVICE PRINCIPAL 60,000.00 1967 DEBT SERVICE PAYMENT 1967 DEBT SERVICE INTEREST 17,092.50 1967 DEBT SERVICE PAYMENT 1967 DEBT SERVICE FEES 250.00 AUGUST CREDIT UNION W/H VARIOUS LIABILITY 13,913.00 AUGUST FEDERAL AND MEDICARE W/H VARIOUS LIABILITY 44,893.01 GASOLINE SHOP OPERATING SUPPLIES 1,065.66 AUGUST DEFERRED COMP. VARIOUS LIABILITY 11,625.00 AUGUST 401 PLAN VARIOUS SUPPL. RETIREMENT 8,963.24 NATURAL GAS USAGE VARIOUS UTILITIES 2,590.58 PHONE SERVICE VARIOUS COMMUNICATIONS 3,190.36 GARNISHMENTS VARIOUS LIABILITY 2.004.52 AUDIT IN PROGRESS LEGISLATIVE PROFESSIONAL SERVICE 12,000.00 CD 8/25/89 CENTRAL TREASURY CENTRAL TREASURY 1,700,000.00 8.20% INT. CD 8130/89 CENTRAL TREASURY CENTRAL TREASURY 250,000.00 8.20% INT. TREASURY BILL 8/31/89 CENTRAL TREASURY CENTRAL TREASURY 2,574,318.67 8.23% INT. CD 9/1/89 CENTRAL TREASURY CENTRAL TREASURY 500.000.00 8.20% INT. FOR APPROVAL: tzzz#zttttts#zzzzzzztttts#z##ttz#szsszss*#szR#z*ttt#t##isR##stz*s#tttstsssst+tttttttttta:t ttttztztzztttttzttttzzzzzzzzttttttttzzttttttttttstttttttttttztt VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT MISC. ##tt#tt:.-stttttttttttttt#tt::tttttttttttttttttt#t##s#ts#st##tzztzzzttztztzzzzzztztzzttttttzztzttzzztttzttztttttttttttttttttttttttttttzzzzzzttttttttzzztztt HARLEY'S TRUCKING PAY EST. NO.2 CP-V.I.P. 1989 STS. QUALITY ASPHALT PAVING FINAL CP-CANDLELIGHT STS. G & S CONSTRUCTION PAY EST. NO. 9 CP-A/P TERMINAL RENOV RANDY'S GLASS REPLACE OVERHEAD DOORS IN BAGGAGE AREA TERMINAL MENTOR SYSTEMS COMPUTER SUPPORT FINANCE SCOTTSDALE INS. CO. LEGAL FEES NON -DEPARTMENTAL ANCHORAGE COLD STORAGE GROCERIES COA-LONG./HOME MEALS CONSTRUCTION 177,344.33 CONSTRUCTION 2,303.00 CONSTRUCTION 123,680.00 REPAIR & MAINTENANCE 8,755.70 PO 20391 REPAIR & MAINTENANCE 4,050.00 INSURANCE 6,603.08 OPERATING SUPPLIES 3,751.18 PO 20390 �r C REQUISITIONS OVER $1,000 WHICH NEED COUNCIL APPROVAL '1 COUNCIL MEETING OF: SEPTEMBER 6, 1989 ON VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ALASKA OIL SALES ANTI -FREEZE FOR TIRES & VEHICLES SHOP OPERATING SUPPLIES 11980.00 ALYESKA SALES 4 GRADER TIRES SHOP REPAIR & MAINT. SUPPLIES 2,421.12 ANCHORAGE COLD STORAGE GROCERIES FOR SEPTEMBER COA-CONG./HOME MEALS OPERATING SUPPLIES 4,000.00 RICHARD HAGGART. ATTORNEY CONTINUING LITIGATION-MSM PARTNERSHIP ATTORNEY PROFESSIONAL SERVICES 10,000.00 KELLY ELECTRIC LIGHT ON GAZEBO FOR FLAG NON -DEPARTMENTAL REPAIR & MAINTENANCE 1,250.00 G & S CONSTRUCTION REPAIR & REPLACE DOORS AT SOUTH END TERMINAL REPAIR & MAINTENANCE 5,352.00 OF TERMINAL-$1695.00 REPAINT & REPAIR WALLS IN S. END OF TERMINAL, RESTROOMS AND RESTAURANT-$1552.00 1 RECARPET FOYER OF S. ENTRY AND LEVEL STORAGE ROOM FLOOR-$1541.00 REPLACE VANITY IN S. MEN'S RESTROOM-$564.00 (THESE REPAIRS NOT INCLUDED IN TERMINAL RENOV.) H.3 Suggested by: Administration City of Kenai 01RDINAACE NO. 1338-89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $6,819.53 IN THE GENERAL FUND FOR AS A RESULT OF DRUG ENFORCEMENT ADMINISTRATION FORFEITURES. WHEREAS, the City of Kenai has received $6,819.53 from the U.S. Dept. of Justice, Drug Enforcement Administration as a result of cash forfeitures in drug cases, and WHEREAS, the City of Kenai is required under the Equitable Sharing of Seized Assets Program to spend the money for law enforcement purposes, and WHEREAS, the Police Chief recommends granting $1,500.00 to Crime Stoppers, spending $1,300.00 on raid jackets and vehicle equipment, and spending $4,019.53 on radio equipment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: DEA forfeitures 16,819.53 Increase Appropriations: Non -Departmental - Grants $1,500.00 Police - Small tools & minor equipment 1,300.00 Police - Machinery & Equipment 4,019.53 16,812, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: September 6, 1989 Second Reading: September 20, 1989 Effective Date: September 20, 1989 Approved by Finance: �'�_ (8/23/89) jal KENA►I POLICE DEPT. 107 SOUTH WILLOW ST., KENAI, ALASKA 99811 TELEPHONE 203-7879 TO: CHARLES BROWN FINANCE DIRECTOR FROM: RICHARD ROSS CHIEF OF POLICE SUBJECT: DEA FORFEITURES DATE: 8/23/89 In accordance with the requirements of the Equitable Sharing of Seized Assets Program the City has been awarded $6819.53 to date. The expenditure plan for these funds is as follows: $1500 Pass through funds for Crime Stoppers $1300 Small tools and minor equipment for raid jackets and vehicle equipment items $4019.53 Radio equipment Crime Stoppers is an approved program recipient by DEA for these funds. The Crime Stoppers program in our area has been very effective and the present forfeiture funds resulted from this programs success. We can anticipate receiving in excess of another $3000.00. These funds are tentatively designated for Education and Drug Information programs. RAR/sb H-Y Suggested by: Administration City of Kenai ORDINANCE NO. 1339 -89 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $516,265 IN THE RUNWAY AND TAXIWAY "C" OVERLAY, PHASE II PROJECT. WHEREAS, the City has received a grant in the amount of $1,062,687 from the Federal Aviation Administration for the above mentioned project, and WHEREAS, the federal grant and the related State of Alaska matching grant, are significantly less than previously estimated as a result of a favorable construction bid, and WHEREAS, the reduced grant amounts should be reflected in the construction budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be decreased as follows: L Runway & Taxiwa "C" Overlay Phase II Decrease Estimated Revenues: FAA Grant $<499,611> State Grant <_ 16,6547 Decrease Appropriations: Construction PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsa a, City Clerk First Reading: Second Reading: Effective Date: Approved by Finance: cga (8/28/89) �. jal September 6, 1989 September 20, 1989 September 20, 1989 H -S CITY OF KENMI 110d Oapda� 4 4" 210 FIDALGO KENA1, ALASKA 996" TELEPHONE =3 - 7535 TO: Mayor John Williams and the Kenai City Council FROM: Rim Howard, Administrative Assistant DATE: August 31, 1989 RE: Lot 9, Block 2, Cook Inlet Industrial Air Park The City has received the attached request from Ken Cusack to return the referenced property to the City of Kenai. Also attached is a map showing the location of the property. Mr. Cusack purchased the property in August, 1985. The last monthly payment of $332.21 was made on May 3, 1989. Is the City Council willing to accept the property back contingent upon Mr. Cusack bringing the payments current? Attachments /kh avi as 3U14;4 2 -• �v"—" y51617f8p9� -N[VgC]V MID w Q0 686, onv Kim Howard City of Kenai Sent by Facpimile Dear Kim: LAW OPF70A• OF MoKAY & GAITAN 4ST1% TLOO$. COLVXBI+► CUNTUR 83*TTLM. WANNINOTON 98104 (206) 533.0086 TELt3Q 286737 UR FAOSI ILID; 4206) 066.6259 August 30, 1989 This letter is to request that the City of Kenai take back my lot in CIIAP subdivision in satisfaction of the balance of the purchase price. This is subject to the payments being current and taxes beinq current, of course. Sincerely, (e-1-- C-L"� Ken Cusack KJC:gw E� o s`9� d ON TF cQRR�FR 4A 4� a Rpti �OQ H -6 Suggested By: Administration CIT`i OF KENAI ORDINANCE 1340-89 AN Or..DINANCE OF THE COUNCIL OF T7E CITY OF KENAI, ALASKA, AMEX-ING THE KENAI MUNICIPAL CODE, CHAPTER 23, ENTITLED "PERSONNEL," SECTIONS 23.30.010 AND 23.30.020. WHEREAS, KMC 23.30.010(i) acts as a barrier to the hiring of employees whose employment at the City may be in the best interest of the City; and, WHEREAS, KMC 23.30.020(a)(3) and (4) impose undue hardship on administration relative to selection of applicants for future employment slots; and, WHEREAS, it is in the best interest of the City of Kenai to dele.e KMC 23.30.010(i), KMC 23.30.020 (a)(3) and (4) from the City's personnel code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 23.30.01U and KMC 23.30.020 are amended as fillows: Section 1• 23.30.010 General: (a) Recruitment and appointing auth:)rity shall be vested in the City Manager. (b) Applicants must be United States citizens or eligible for employment under existing State and Federal laws and regulations in order to be employed by the City. (c) Applicants for positions in the City service need not reside within the City Limits. Departmental rules shall establish response times required by that department. (d) Minimum age for City employment shall be in accordance with State of Alaska laws. (e) Employment of qualified, handicapped persons shall be encouraged. (f) Employment rights for veterans shall be in accordance with applicable State and Federal laws. (g) Applicants must possess an appropriate valid Alaska State Driver's License, should employment require operation of a motor vehicle. -1- (h) Applicants must complete a City application form cr submit a resume of sufficient detail to equate to a City form. ((i) PREFERENCE IN APPOINTMENT SHALL BE GI�TEN T7) QUALIFIED CITY.C:AESIDEiggS. ] Section 2- 23.30.020 Appointment: (a) All appointments to vacancies shall he made solely on the bEsis of merit, efficiency, and fitness. These qualities shall be determined throuah carefixl and impartial evaluation of the following: (1) The applicant's level of training relative to the requirements of the posit -ion for which applied. (2) The applicant's physical fitness relative to the requirements of the position for which applied. [(3) THE RESULTS OF AKQ INTERVIEW. (4) WHENEVER PRACT''.-CAL, THE RESULTS OF A COMPETITIVE WRITTEN EXAMINATION OR Dr..MONSTRATION TEST, WHICH SHALL BE A F:,IR AND VALID TEST OF THE ABILITIES AND APTITUDES OF APPLICANTS FOR THE DUTIES TO BE PERFORMED.] lo) No question in any test or in any application form or by any appointing authority shall be so framed as to attempt to elicit information concerning race, color, ancestry, sex, national origin, or political or religious affiliation for the purposes of discriminating. ,c) All statements submitted on the employment application or attached resume shall be subject to investigation and verif--;:�ation. (d) If required by the department, applicants shall be fingerprinted prior to appointment. (e) Any job applicant or employee may be required to take a physical examination. In cases where a physical examination is deemed advisable, the City shall pay the cost of the examination. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of September, 1989. JOHN J. WILLIAMS, MAYOR ATTEST: Janet Ruotsala, City Clerk First Reading: September 6, 1989 Second Reading: September 20, 1989 Effective Date: October 20, 1989 (8/29/89) J,kfor J Alaska, Inc, WV°�,S&2'" '*0"04M Box IMIS, b amp Mee W*M 9011!'J68� FM MW EXECUTIVE DIRECTOR Becky L. Gay EXECUTIVE COMMITTEE Ethel H. "Pete" Nelson, President John Forceskie, Via Pres. Jesaph E. Usib", Jr., Vice Pres. O.K. "Easy" Glilbreth, Secretary Larry L. Loughman, Treasurer Sharon E. Andereon Rex t. Bishopp Curtis W. Foster Mane► Frey Lin S. 6aaison Uwe L. Gras mph R. Henri DMn H. Kea Robert W. Losscher SMpMan M. Rehnberg John Renae Jerome Selby J. Shelby slastny R.D. Stock Lyle Von Bergen Doug M. WWb DIRECTORS Larry G. Anderson Lenny::"suit Rich Baker Fildrard Barnes Jame K. Barnett Steven C. Borell Robert A. Breeze Keky M. Campbell lUexantler J. Cafeseo sane carperHer J J. Ckkootta James L. Cloud Dave Cuddy Ric Davidge John Dtevens Larry Dinneen Rob Dregnich James V. Drew Paula P. Easley Don L. Finney Las E. Fisher A. Debbie Fullenwider Paul Glavirovich Riy Goodrich Ja1M+ L. Hall W. AMph Hargrave Alan E. Hset Chorlss F. Me Kenn J. Hofstad Phil Al. Holdsworth Johh 1 KAelJones y L. 4ocke�r H. Thkrlford axon V. union N. Tindall Chants R. Webber Willem R. Whileside WilNarr R. Wood George P. Wuerch EX-OFFK*O MEMBERS Senator Ted Stevens Senator Frank Murkowski Cororessman Don Young 23 August 1989 Mr. Charles A. Brown Finance Director City of Kenai 210 Fidalgo Kenai, AK 99611 Dear Mr. Brown: Thank you for your letter regarding the City of Kenai's membership with RDC. RDC's fiscal year runs from December 1st to November 30th. Members are billed annually, in the month they originally joined. Since the City joined in July of 1984, it is billed every July for RDC's current fiscal year. The bill you recently received is for RDC's fiscal year 1989, which covers membership services from December 1988 through November 1989. I hope this letter answers all of your questions. If not, please feel free to call me at 276-0700. Sincerely, RESOURCE DEVELOPMENT COUNCIL for Alaska, Inc. r•a,� �Qj-" AS tri y �D Kimberly R. DukeN� Member Services/Administrative Assistant �f`'OeSINLti5�`' COOK INLET AQUACULTURE ASSOCIATION HC 2, BOX $49 SOLDOTNA, AK 99009-9707 (907) 2U4701 September 1, 1989 tk'SEP1r CITYww CJJ Dear Cook Inlet Salmon Buyer: ;TYoFtf•,p At its most recent meeting the Executive Committee o Cook Inlet Aquaculture Association Board of Directors instructed me to accomplish two tasks: 1) Inform all of you that CIAA believes Alaska Law requires you, as purchasers of salmon, to collect and remit the 2% salmon enhancement tax based on the total value a permit holder receives for salmon. The total value includes the posted "fish price" such additional amounts as "bonus payments" and "delivery fees". 2) Make a formal complaint to the Alaska Department of Revenue documenting that many Cook Inlet fish buyers have failed in recent years to collect both the enhancement tax and the raw fish tax on delivery fees. It is our belief that the practice of paying a delivery fee has been expanded expressly for the purpose of attempting to avoid legitimate taxation. The enhancement tax revenues provide the primary financial support for CIAA's salmon enhancement programs. The raw fish tax revenues are divided between the State, Borough and City governments. We believe our soon to be filed complaint will be enthusiastical- ly investigated given that at least $2,000,000 in unpaid taxes plus penalties plus interest may be recoverable based on catches from the 1987, 1988 and 1989 fishing seasons. It is still not too late to remit the enhancement tax on the 1989 delivery fees. Copies of relevant portions of State law and the Department of Revenue's "Guide to Salmon Enhancement Tax" are included for your convenience. Sincerely, / Thomas E. Mears, Executive Director cc: `Don Gilman, Mayor, Kenai Peninsula Borough i� John Williams, Mayor, City of Kenai SALMON ENHANCEMENT TODAY MEANS BETTER SALMON FISHING TOMORROW -W&UU B tnnid (M 9oU 44d CAUZAtOn BUU, BICENTENNIAL U*ye avot a, Aw - Ott* uxt.A / Honorable John J. Williams, Mayor CITY OF KENAI 210 Fidalgo Street Kenai, Alaska 99611 Dear Mayor Williams: September 1, 1989 Please find enclosed a copy of the Kenai Bicentennial's "Goals & Objectives for 1989-90". These Goals & Objectives were adopted by the Board of Directors at their regular Board meeting of August 21st and will be utilized as our outline to achieve and accomplish those priorities set forth by the City Council and the Board of Directors. Again, our thanks to the City of Kenai for your continued support and we look for- ward to a successful and exciting Bicentenntial celebration! Sincerely, I ,� CN Robert F. Williams, President RFW:sc CC: Mr. Bill Brighton, City Manager City of Kenai P. ti 723-191 (vuaotd a)a eonwention bureau t BICENTENNIAL ad4w ui" ay A1W - &V& aW4 a, ,9rirt.W+ct GOALS & OBJECTIVES 1989-1990 Fiscal Year In accordance with the 1989-90 Budget, the following goals and objectives have been adopted by the Kenai Bicentennial Visitors & Convention Bureau. Top priority and objectives is the successful celebration for Kenai's Bicentennial. BICENTENNIAL CELEBRATION - #1 PRIORITY (1). GOAL: Part-time staff to be contracted to assist in the preparation of special events. OBJECTIVE: Hiring of this individual to take place no later than September 30, 1989. (2). GOAL: Calendar of Events established and specific and proposed events, programs, and special celebrations determined no later than March 1, 1990. OBJECTIVE: Calendar of Events in place for inclusion in Bicentennial brochure. (3). GOAL: Monthly committee meetings set - beginning September, 1989. OJECTIVE: Committees would provide current update on plans for Calendar of events and request staff support where needed. LAND & BUILDING (1). GOAL: Staff and committee to work diligently, in coordination with Borough Economic Development District and City of Kenai, towards the submission of grant application to the Economic Development Administration for the construction of a Visitor & Cultural Center. OBJECTIVE: Grant application submitted to EDA no later than October 30, 1989. OBJECTIVE: Construction and/or purchase -renovation of existing building to begin in spring/summer of 1990. 1989-1990 GOALS & OBJECTIVES - Page 2 (2). GOAL: Request for funding submitted to local area businesses/industry for support of stationary exhibits and "traveling" exhibits during the Celebration and after. OBJECTIVE: To include local business/industry in the presentation of Kenai's rich heritage. OBJECTIVE: Request for funding assistance to business/industry submitted no later than December 31, 1989. (3). GOAL: Request funding assistance from Alaska State Legislature, in coordination with the City of Kenai, for the City's CIP Bicentennial request. Request submitted to local legislators et al at opening of Legislative Session (January 1990). PROMOTION/ADVERTISING - Advertising budget - $50,000 (1). GOAL: Contract with advertising agency for the following assistance: (a). Preparation of ad promoting the Bicentennial celebration and Kenai (b). Placement of ads in appropriate news media (c). Preparation of feature article for news releases (d). Preparation of short video clip (3-4 min.) by December 1, 1989. (2). GOAL: Determination/selection of ad for promotion of Bicentennial celebration and promotion of Kenai and selection of placement, in coordination with ad agency: OBJECTIVE: Suggested possible placement. (a). Anchorage Visitors Guide - 1990 (b). Alaska Magazine - December issue (c). Travel Agent Magazine M . Alaska Airlines in-flight magazine (e). Sports fishing publication (Pacific Northwest edition) (f). Western edition of Sunset magazine (g). Metro Alaska newspapers - special summer editions, etc. PROMOTION - Budget - $25,000 (1). GOAL: Preparation and design of brochure advertising the Bicentennial celebration and promoting Kenai. OBJECTIVE: Project completed by June 1, 1990 - distribution of 25,000-50,000 copies. MURAL PROJECT - Funding from General Fund and industry (1). GOAL: One, possibly two, murals to be completed during the Fall of 1989. OBJECTIVE: Remaining murals to be completed in, spring/summer of 1990 and 1991. . 1989-1990 GOALS & OBJECTIVES - Page 3 SPECIAL PROMOTIONAL ITEMS - Banners, coins, et al (1). GOAL: Banners depicting history of Kenai designed and purchased in 1990. Project in coordination with City of Kenai Beautification Committee. OBJECTIVE: Banners to be installed throughout downtown Kenai area in early 1991. (2). GOAL: Signage throughout the downtown area depicting Russian/English/Dena'Ina language as well as historical information. OBJECTIVE: Matching funds available through grant with the State Division of Tourism. Grant application submitted early 1990. (3). GOAL: Commerical Fishing Boat restored for installation on Bicentennial grounds. OBJECTIVE: Move boat to storage for winter restoration project by local organization. Boat to be set in place by May 15, 1990. (4). GOAL: Design and completion of "Reds are Coming" costumes. OBJECTIVE: Complete project by October 1, 1989 in order to utilize costumes for meeting/convention bids, etc. FINANCE (1). GOAL: Tourism/Accommodation Tax - committee formed to lobby Borough and Legislature for appropriate legislation to allow for the special taxation of tourism industry to assist the Visitor industry in Kenai and on the Kenai Peninsula. OBJECTIVE: Committee to have report prepared by December 15, 1990. Committee to coordinate their effort with other Kenai Peninsula communities. (2). GOAL: Membership Drive - committee formed to conduct solicitation of member- ship for the Bicentennial Visitors & Convention Bureau. Part-time contract person to assist in this endeavor. OBJECTIVE: Membership drive set for October or November of 1989. (3). GOAL: Design and development of a monthly newsletter. OBJECTIVE: To up -date all members, committees and news media and area Chambers of Commerce of Bicentennial activities and plans. BOARD OF DIRECTORS - Other (1). GOAL: Staff to prepare a speaking engagement schedule for Fall and Spring of 1989/90. GOALS & OBJECTIVES FOR 1989-90 - Page 4 OBJECTIVE: Directors to speak before Peninsula Chambers of Commerce, Anchorage Chamber of Commerce, etc., organizations et al. Video clip/slides to accompany speakers. (2). GOAL: Staff to schedule Board of Directors (when traveling to the Lower 48) with Pacific Northwest news media, radio and television. OBJECTIVE: Most Pacific Northwest media have specific programs on Alaska -- this will be a great opportunity to promote the Bicentennial celebration. Video Clip to accompany speaker. FUTURE GOALS/OBJECTIVES - 1990-1991 Budget Year The above goals and objectives will be accomplished prior to fiscal period ending on June 30, 1990. If additional funding is obtained by the Bicentennial Visitors & Convention Bureau, next fiscal period goals and objectives will include long-range plans for meetings and conventions (three year plan submitted to State Division of Tourism) as well as scheduling participation in trade/travel shows and special exhibits to further promote our celebration for 1991. Salaries Payroll Taxes (Employer, FICA, ESC) Professsional Services Office/General Supplies Utilities Postage Membership Fees & Permits Purchase/Maintenance of Equipment Printing/Promotional Advertising Travel & Related Expenses Miscellaneous (Insurance, et al) Kenai Information Center City of Kenai/Grant Income - Investment Accounts BICENTENNIAL BINGO/Pull Tabs Membership/Patron Fees *$25,000 carried forward FY 88-89 KENAI BICENTENNIAL VISITORS & CONVENTION BUREAU 1989-1990 BUDGET INCOME/BUDGET 110,000 26, 000* 10,000 10,000 $ 156,000 INCOME ACTUAL EXPENSE/BUDGET $ 36,000 4,428 5,000 1,672 2,900 500 500 2,000 25,000 50,000 4,000 4,000 20,000 $ 156,000 EXPENSE/ACTUAL T -3 IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI WALTER CHULIN, on behalf of himself ) and the heirs of Mary Oskolkoff, deceased ) Plaintiffs, ) VS. ) CITY OF KENAI, and that certain real property ) described as Lot Five (5), Block Four (4) ) as shown on the official plat of Kenai ) Townsite, U.S. Survey #2970 A&B, in Alaska, ) in accordance with the Act of May 25, 1926 ) (44 Stat. 629), located with the Kenai ) Recording District, Third Judicial District ) State of Alaska. ) Defendants. Case No. 3KN-89- COMPLAINT IN EJECTMENT, TO QUIET TITLE AND FOR DAMAGES g343,-1234g6, CP r L- L to 06 0 CJ A COMES NOW, the plaintiff, by and through his attorney, PHIL N. NASH, and states and allege: COUNT ONE 1. Plaintiffs are all Alaska Natives or heirs of Alaska Natives, as provided in.44 Stat. 629. 2. Defendant City of Kenai is municipal corporation organized pursuant to the laws of the State of Alaska and has the capacity to sue and be sued. Hil N. NASH 3. Defendant real property described as Lot Five (5), Block ApwageyAtLaw Four (4) as shown on the official plat of Kenai Townsite, U.S. )0 1* sox 4084 arw, Alaska 99611 (907)283.7514 Survey #2970 A & B, in Alaska, in accordance with the Act of May Fax 283-7429 PAGE 1 -COMPLAINT HIL N. NASH Attorney At Law 3st OHfae Box 4084 enai, AtesM 99611 (807) 283-7514 Fax 263.7429 25, 1926 (44 Stat. 629), located with the Kenai Recording District, Third Judicial District, State of Alaska is a restricted townsite lot restricted from alienation or encumbrance pursuant to Federal law. 4. That at all relevant times before her death Mary Oskolkoff was an adult female resident of the Third Judicial District, State of Alaska, who died in Anchorage, Alaska, on April 10, 1980. 5. That by instrument dated November 27, 1961, George E. M. Gustafson, Trustee for the Townsite of Kenai, Alaska, issued on behalf of the United States Department of the Interior, a Native restricted Trustee Deed to Mary Oskolkoff for the property described as Lot Five (5), Block Four (4), as shown on the official plat of Kenai.Townsite, U. S. Survey 2970 A and B, approved by the Chief, Branch of Surveys for the Director. 6. That on or about 1967, Mary Oskolkoff became unable to handle her affairs and was thereafter hospitalized. 7. That on or about 1975 Defendant, City of Kenai, initiated that certain action for foreclosure proceedings on the subject property for special assessments for improvements delinquent for 1974 and prior years in and the Superior Court for the State of Alaska Third Judicial District at Kenai, action number 75-15119 I which included the above -described property owned by Mary Oskolkoff. PAGE 2 -COMPLAINT 8. That on or about November 14, 1975, the Court entered a Judgment and Decree of Foreclosure on the said property of Mary Oskol koff . 9. That on or about the loth day of June, 1977, defendant, City of Kenai, obtained a Clerk's Deed executed by Ione Wisdom, Deputy Clerk of the Superior, deeding said property to the City of Kenai. 10. That Mary Oskolkoff was not provided adequate notice of the proceedings affecting her real property. 11. That the subject property of Mary Oskolkoff was restricted by Federal Law which prohibited alienation or encumbrance without the consent of the Secretary of the Interior-, and was not subject to taxation, levy, or sale and the Judgment and Decree of Foreclosure and the subsequent Clerk's Deed are void and of no force and effect. 12. That the City of Kenai had actual knowledge by virtue of correspondence dated July 29, 1963 (Exhibit 1), October 7, 1969 (Exhibit 2), and August 5, 1975 (Exhibit 3), that said property was restructed and not subject to foreclosure action by the City of Kenai. 13. That on or about December 20, 1985, defendant, City of Kenai, sold the subject property to defendants, Ronald A. Malston and Fred F. Braun. HIL N. NASH 14. That on January 14, 1987 counsel for plaintiffs met with A n'y At Law s ( `;eBox 4084 counsel for defendant City of Kenai and made demand for the real eml.. Jwm 99611 (907)283.7514 property or proceeds and said demand was denied. Fax 283.7429 PAGE 3 -COMPLAINT C C 15. That on or about January 22, 1987 plaintiffs initiated suit in Superior Court, Third Judicial District, State of Alaska, Case No. 3KN-87-52-CI against the City of Kenai and Ronald A. Malston and Fred F. Braun. 16. That on September 8, 1988 an Order of dismissal without prejudice was entered pursuant to Civil Rule 4(e) over objection of plaintiff which was affirmed by Order on reconsiderationl of October 6, 1988. 17. That on or about September 21, 1988 the Council of the defendant City of Kenai, Alaska enacted Ordinance No. 1288-88 to permit the reconveyance by Quit Claim deed of the subject property from Ronald A. Malston and Fred Braun to the City of Kenai. 18. That by instrument dated September 27, 1988, recorded in Book 336 at Page 463 of the Records of the Kenai Recording District, Third Judicial District, State of Alaska, Malston & Braun, Ronald A. Malston, and Frederick F. Brown did quit claim their interest to the City of Kenai. 19. That the City of Kenai continues to hold apparent title of record as against the rightful owners and has deprived said rightful owners from their free, quiet and unrestructed ownership of said property since on or about November 14, 1975. 20. That the City of Kenai owes plaintiffs the fair rental 3HIL N. NASH value of the subject property since on or about November 14, 1975 AftorMyAtLaw in the amount to be determined at trial. ,ost Office Box 4084 <end. AkwM 99811 (907) 283.7514 Fox 283-7429 PAGE 4 —COMPLAINT COUNT TWO For their second count, plaintiffs incorporated by this reference and replead the allegations contained in paragraphs 1 through 20 and further plead: 21. That the defendant City of Kenai has wilfully or with callous disregard to the rights of plaintiffs, trespassed upon and deprived plaintiff of their full rights to possession of said property since on or aboult Not Amber 14, 1975 and continues to so do to the loss and damage of plaintiffs in the amount to be determined at trial. COUNT THREE For their third count, plaintiffs incorporate by this l _ reference and replead the allegations contained in paragraphs 1 through 21 and further plead. 22. That defendant City of Kenai wrongfully ousted plaintiffs or their predecessors in title and continue to deprive plaintiffs such that an action for recovery of possession and damages in the amount to be determined at trial will lie under AS 09.45.630. WHEREFORE plaintiffs pray: 1. For a judgment and decree for the recovery of said real property together with damages against the City of Kenai for withholding the same pursuant to AS 09.45.1630. 'HIL N. NASH 2. For Judgment against the City of Kenai for fair rental Attorney At Law 3 lca8ox4084 value for the use of said real property from on or about November e. deaka 99811 (9�u!) 283-7514 Fax 283-7425 14, 1975. PAGE 5 -COMPLAINT HIL N. NASH Attomey At Law Est Office Box 4084 ensi. AWka 99811 (907) 283-7514 Fax 283-7429 C 3. In addition to or in the alternative for judgment against the City of Kenai for trespass since on or about November 14, 1975. 4. For punitive damages. 5. For costs, interest and a reasonable attorney's fee. 6. For such other and further relief as plaintiffs, may be entitled. Dated this 3 day of August, 1989. Phil N. Nash Attorney for Plaintiff PAGE 6 -COMPLAINT U.N I T ' 1 • •-== IN juN=r•u a.:=A Gr-FtCZ jUN*Mku. AL.!► :U► . C_t7_r'�`.. .+u y 2911 196= �1 a ti N ...-__ :.Of ==7..rrrwrr. it 2=-+. _ r7 b = S A1_v.rwr_r W V � _�.y=aLot 5 %.r j w Y -.i_ 1_.+r .7��__rr=� � ir..•...7•'---+:.w `� i:r�•�_r "'.:-�_j •��r= .... �.. •�rW r vu L.J r��.rr WI � dba ri.-iiYL ...J L2` r_H rr • �• C= r,7C� = ..: ��:..,..._ _ ..:_._ ra �_a �_Z : t.it= of tbm Act o: •-:.? 9.:'S 4- 4- vrrt U.S.C. .,.Ir.ra3 •�rY). 1:•�..wi �::.'.".'Sr C �`L�.=S! - ai .:. Ic--ztcd or C'"'. :.=i. !:C =:! • ..1 C✓ cw Qi t:=- i.I`.rr rr.N..-'.' ©♦ _r.r '_w~w�..V�ii �.�.�i. J�..w �� �4 :, •.i V .✓j •..r_ . 1•.r%/ -�ww v{�.i. +�W wM��_ -0 ..d N_rJczt .2 .7 i_r at v:.: Ca% S'^�.:_'�:': Cam? "�•. ��.."JT 04 �;�ic:tlttc::::?=c to �. yw w--w-r•^ +- E'.�'3 t�ii ..a... tin r rY t1__ ic.♦.r i�_.f� .._ ..,...�...._:, vS :.�. 4 �. to Cry Ct'z ..`.Z t!C .C'I t—y to ►v � w�.. �'. �. ,r"'='^U =�� �.•� ..lAr.� t= ...+i i e► n �i .. V V1. i. rare �.._.r Vrr 'era be---- q � w0 }:�.....r'�:."`. �'.�1 0� �.w'.i a -.:I lotz . Y.-Ur C+i-'. • cam: 011s is t!:z .Cif 04 . i..J �'.w�.• 'w_rrri►.: w.r �i • i `•_ri � •'w._-�J .�.�w �:3..^ir _or�� rirv� ii�� 1s tdc3 tom" ty ©f '•'a�,.i CZ a=i,- : ' i Lot b of .r CC!: 4r � w a w7 SQi^�'-r.� rw . y Iry i. w�..� rr' .. �r..r• ,t.� r.. _� .��. i .•.:r Jvrr. `. � .—..�J__�• r..�_..� � ._ram._ _�.. .•._� vwr �l�.w..r ~war CJr"'1 `•► r.._rr r_•.rr r..__—r__N . ]ivy l4essetranricb, Superintendaat Aeeahwage Agency P. O. Saar 120 Aaahorsge, Alaska 99501 October 7, 1969 City of K*nai ?. 0. Box 3C1D Wenai, Alaska 9%11 - Tmr ass!essment notices ;or Lot S, Block 8;. Lot" 19, &lock 16; and Lot 69 'Block 4 of Kenai Tcwn&ito are raturned', Lot S, Block 8 is a vacant tot under State selected lands and not under the jurisdiction of the Bureau of Indian Affairs. Last 19, Block 16 and Lot 6, Block 4 are hold in a restricted status by than United States for John S woks Alas and Flarencs 8eea, both deceased Native*. This restriated prqwrty, is aot subject to assessewmt under the provisions of Title 48 U. S. C 333a Witch reads to part, "...that nothing herein contained shall subject such tract to taxotton, to levy cad sate in satisfaction of dahts, contracts, ar lisbilitias of the let entse...". A letter written by Mr. Uchard A.Bradley, Ftald Solicitor, to Zoy H. !ladseee of ZodL&k is enclosed for Your infosmatLon. If further inior- imatim is needed, please do mot hesitate to write as. Sincerely yours, Aactiag Superintendent cct llorence Rees file Saba S. Alex fi ov" ' NM:bss Realty 005 Anchorage Agency, P . 0. E;,x 120 Anchorage, Alaska 99510 August S. 1975 Fr -at, Marwick, Mitchell E Co. Alaska Muat Bark Building 601 West 51h Avenue, Sufte 700 Anchorage. Alaska 99601 Gentlemen: In your examination of the accounts for the City of Kenai, you will find accounts against the following restricted Townsite lots: Lot S. Block 4 Lot 6, Block 4 Lot 19, Block -16 Rystrictcd deeds were Issued to the occupants of these lots in the fifties; znd sixties. 'two of the restricted grantees have died :nd the lots are nova in mul- tiple ownership by the heirs. The lots were inherited In restricted status. Restricted status means that pursuant to the authorizing act, the property is Inalienable and tax-exempt and is not subject to levy and sale in satisfaction of deists, contracts or liabilities of the patentee. Please refer to 43 U.S.C. 733. Repaatedly, the City of Kenai has been informed of this restricted status, yet they continue to keep the accounts and accruing Interest. It would be helpful to us and the City of Kenai if you could explain this matter to them. RP: ALT: sap 8-5-75 f Sincerely yours, Roy Peratrovich Superintendent EXHIBIT 3 TlmothyJ. Rogers City Atto.nev CITY OF KENAI 210 FfAaloo K .1 Al. AIR%ka 9%11 203 1as+ FAX ?9.1 ;1 ", 1N THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT KENAI WAL-ER CHULIN, on behalf of himself and ) the heirs of Mary Oskolkoff, deceased, } ) Plaintiffs, ) V. ) CITY OF KENAI, and that certain real property) described as Lot Five (5), Block Four (4), ) as shown on the official plat of Kenai } Townsite, U.S. Survey #2970 A&B, in Alaska, ) in accordance with the Act of May 25, 1926 ) (44 Stat. 629), located with the Kenai } Recording District, Third Judicial District, ) State of Alaska, ) Defendants. ) Sim:..` 0� niFi3;ti?, i r!I'!; ."r19!riCt AUG 2 9 1989 CtGrk of tclo Tri.:1 C: crts BY Deputy Case No. 3KN-89-645 CI. ANSWER TO COMPLAINT IN EJECTMENT, TO OUI'T TITLE AND FOR DAMAGES ! i COMES NOW., the Defendant, City of Kenai, by and through its attorney, Timothy J. Rogers, and answers plaintiff's complaint as follows : COUNT ONE 1. The City of Kenai is without sufficient knowledge and information to form a belief as to the allegations in Paragraph 1 of the.Complaint and, therefore, denies the allegations. 1 - ANSWER TO COMPLAINT IN EJECTMENT, TO QUIET TITLE AND FOR DAMAGES Timothy J. Rogws City AtImnay CITY OF KENAI 210 Fidaloo X-01. Alaska 9%. 11 283,141 Y?fl'1 11d i {� jT 2. Defendant admits Paragraph 2 of Count I of plaintiff's complaint. 3. The City of Kenai is wit, -.out sufficient knowledge and information to form a belief as to the allegations in Paragraphs 3, 4, 5 and 6 of Count I of the plaintiff's complaint and, i i therefore, denies the allegations. 4. Defendant admits Paragraphs 7, 8, and 9 of Count I of plaintiff's complaint. i 5. Defendant denies paragraphs 10, 11, and 12 of Count I of plaintiff's complaint. I 6. Defendant admits Paraqrapn 13 of Count I of plaintiff's complaint. 7. complaint . Defendant denies Paragraph 14 of Count I of plaintiff's. 8. Defendant admits Paragraphs 15, 16, 17, and 18 of Countj I of plaintiff's complaint. 9. Defe-ndant denies Paragraphs 19, and 20, of Count I of i plaintiff's complaint. COUNT II 10. Defendant denies Paragraph 21 of Count II of plaintiff'si complaint. I COUNT III i 11. Defendant denies Paragraph 22 of Count III of plaintiff ' s Complaint. ' i i 2 - ANSWER TO COMPLAINT IN EJECTMENT, TO QUIET TITLE AND FOR DAMAGES i 1. .thy J. RopKs city Atto,nw CITY OF KENAI 210 Fidaiao 8(0n81. Ala•aka ~ I 2EJ 1w FAX 281 3o, s FIRST DEFENSE 12. The defendant is and always has been, ready, wiling, and able, to tender foreclosure proceeds in its possession to Mary Oskolkoff, her estate, or her duly appointed personal representative, upon presentment of letters, testamentary or upon issuance of an appropriate court order. SECOND DEFENSE I 13. Under AS 29.45.480, heirs of the record owner of i foreclosed property are not entitled to the excess proceeds of the i sale of foreclosed property. THIRD DEFENSE The heirs of Mary Oskolkoff by and through Nick Oskolkoff, i waived their rights to the proceeds of the foreclosure sale by waiving probate in Case Number 3AN-80-332 P/W and then failing to establish a formal probate proceeding within the three-year j statutory period of limitations. i i FOURTH DEFENSE The heirs of Mar Oskolkoff are esto ed to claim the proceeds Y PP P , of the foreclosure sale. FIFTH DEFENSE This action is barred under the adjudication. doctrines of former i SIXTH DEFENSE A.S. 09.65.070(d)(C)(2) provides immunity for the City for civil liability due to the exercise of discretionary functions. 3 - ANSWER TO COMPLAINT IN EJECTMENT, TO QUIET TITLE AND FOR DAMAGES i Timothy J. Roes City Attdrn" CITY OF KENAI 210 Fid i0o Kona.. Alilki 9V811 283341 r FAX ?II:1 31114 WHEREFORE, defendant prays that plaintiff's complaint bt dismissed and that the defendant be awarded judgment for: 1. Its costs in this action, including its actual attorney's f ees . 2. Such other and further relief as the Court may deem just. yc... i DATED: This o7� day of August , 1989. CITY OF RENAI B Timothy J. Rogers Cs'ty Attorney CE:v,T1MCA'W- OF MVKE ri,o. undemi ► ct , on _ dy i9 - t =t, Ti^1.,.:Fit::y 4 - ANSWER TO COMPLAINT IN EJECTMENT, TO QUIET TITLE AND FOR DAMAGES ,,' uSi cr 4�'%STIk U.S. SMALL BUSINESS ADMINISTRATION 222 W. Sib Avenue, Box #67 Anchor*&% AK M13-7559 August 11, 1989 CITY OF KENAI % Cary R. Graves 210 Fidalgo Kenai, Alaska 99611 RE: Kenai Korner ( Our loan: Poll/ Leavitt) Dear Mr. Graves: 1-3 c e6,w?42f22�� w a ^� Nx �s =r N ( V �`95t'EZ� ��O This is in answer to your letter dated August 8, 1989, In that letter you asked two questions. First, we cannot disclose our minimum acceptable bid. We could say, however, that a liquida- ting value would be about 80% of the appraised value, less a round figure of about $20,000 to raze the main building. In answer to the other question; yes, we understand that the warehouse is on one of the three parcels of land. A separate standing warehouse across the alleyway is also part of the 3 parcels. We will have someone check on the panel that has been removed and have it replaced. Thank you for your letter and patience. Sincerely, Chuck W. Manson Loan Officer Portfolio Management Division For Immediate Release July 10, 1989 (no. 90-03) Alaska Loses Population it pin in 1968 The Alaska Department of Laboris today releasinagnew population estimates for 1988 and revised estimates for 1981-87 for the State (' Alaska and its boroughs and census areas. Thei o estimates will be included In- the AiaskaPopuladon Overview:1987andPrwisiomIM8 Estimates to be published later this fall. Ailsahals wia From July 1,1987 to July 1,1988, Alaska gained 9,400 persons through natural increase (11,451 births nnious 2,057 deaths). Alaska bad a not loss of 16,200 pens though migration (60,100 persons left Alaska wile only 33,900 persons moved to the state). Both in and out migrants were lower in 1087-88 than in 198&87, tWmgh out -migrants declined ne rapidly than the numbor of in -migrants. Since Alaska normally has the lest total in and out migration in the U.S., it is not unisual. for 6-10% ofthe total population of Alaska to "turn a e e every year. Between July of 1985 and July of 1988, Alaska gained about 29,700 persons, tbxou& natural increase and kot about 40,000 to out mig ition. This net migration less represents about 58% of the 75,700 persons &Wod through migration during the 1980-85 period. rm- pared to the pipeline "boom* of the'1970s, the boon of the early 1980s has been bigger and less stable. Dosing the pipeline 'boom', there was a net gain through. rinigration between 1974.and 1977 of some 51,400 per- ns, only 40% (20,400) of which left Alaska during 1977-80 period. r- Contact: Grec Willisms 465-4500 (Juneau) Neal Fried 264-2400 (Anchorage) Urban Areas Omtinues to Be the Greatest Eleven of Alaska's 24 census areas had net gains or losses of over 100 persons in the 1988 estimates. The largest population losses occurred in the Municipality of Anchorage (-5,024) Matanuska-Susitna Borough (-1,065), Kenai Peninsula Borough (-922). The largest gains occurred in Prince of Wales -Outer Ketchikanu (262), and :Kodiak Island Borough (200). The ..1980 estimates show a net out -migration fraan almost ovary area ofthe state with the exception of rural southeast Alaska. Alaska lost 3.1% of its population to out -migration. Only three census areas had losses no- ticeably greater than their shere of the state's popula- tion. Anchorage has 412% of Alaska's population but accounted for 54% of the 1987-88 net out -migration. Matranusk"usitna had 7.2% of the state's population and 10.1% 9f the migration losses and Ke6M %ihwWa ?.6% of , po off !# 'Iddsas.IjMost�the ram,aan ng areas of the s e l ' t less than their proportional share of migrate and for most ofthe state migration losses were relatively small. Estimates for 1988 show that natural increase was equal to 1.8% ofthe state's population. Natural increase continued to be greatest in rural areas of the state. Wade Hampton Census Area (3.0%), Northwest Arctic Borough (34%), Bethel Census Area (2.4%), Dilling- ham C m s Area (2.4%), North Slope Borough (2.4%) and Name Census Area (2.3%) had the greatest natural increase relative to their 1987 populations. Individuals currently on the Alaska Population Over- view mailing list will automatically be sent a copy of the publication when it is released. Others who would like a copy of the, publication or would like to be added to the mailing list should contact Research & Analysis, P.O. Box 25003, Juneau, Alaska 99802-5501. v Population Esdnates for Ab ska and Components of Change by Census Area,1980-1988 July t Net M+ir•+ Net Ja* 1 Nat Mokirat Net July 1 Net Ne-, Nat � 1 ,9p July 1 Nat Nahrraf NN � 1 MWaasa 1481 MOMP M WOM 8ti h 1M £fianga ineraaae llill4mdon 1983 Omgp M,wsm# 19B@ Edbmb 1919#1 11Y6.8t 19110 f 188142 UN42 Am Estim:l. 11 19CM IMM Es11mate 191KM 19" tl8M fs6vl N 174,431 14504 10,999 11,508 U04 I'M 220 M 3,618 253 10 Z95 118027 12,772 M 11,728 366 56 1: 31 •-••••� 407z 6 Ago" I'm 540 05 27,51r9 3452 KMdrko Ga*mq Bor. 11.316 11,766 276 190 86 12,042 226 llortlweA Arctic Borough - farlc CA) _ .: 4rI61 i2 . - M 12a 4 . fi,14 T' 1t18Oauska 8utipta Bwar,ga 17.916 18,697 1,271 328 043 19.908 3.175 f11 C A 6.537 6,839 159 135 24 6.998 214 Nam Sop Borough 4.541 4.239 74 105 -31 4.313 258 _ "Elkueat Wate0uter 1171 "- • w _.. 0 f�OM 161 Y�i 1,4�6 -1�1 `= f Ytdculal Angoon CA 3.478 3.589 38 44 -82 3.551 142 ' SoulhaestFairbanks C A 5,676 5,974 169 143 26 6,147 207 liaboz Cordova C.A. 8,348 8.440 140 138 2 6,580 137 t t - 0,? ': t �11 C.A. 7.BT3, i29 aft TOW 40$193 419,11M 14,000 8,171 5,829 433,800 29fM Source: Alaska Department of Labor, Research A Analysis, Derruuyraoic Unit, 6n5189 3,889 299 i; 192 424 134 121 �M •149 48 142 147 8,903 201.299 14.865 67 12,084 696 4Q 4 RM — 34 12.260 .:�1� . • 6,310 - 12,629 2.751 23.083 80 7.212 137 4.571 94 3.693 65 6,354 -10 8.717 4,229 10,636 216,164 314 392 12,780 10,031 4,442 190 304 kW 29kM -114 1?,W 2f1 146us 4i1 ti.i�f•. ''i wZsj 4,888 551 4,337 U.971 5,581 w2 4,889 : 447 164 293 7,659 229 166 44 ME 328 130 198 4,898 275 147 126 k9411 171 f87:f4, ;'� 140 q ! -72 s 126 " -fie y f 154 55 Be a847 40 63 -23 W 333 129 206 6,887 446 143 a93 7,m 243 154 M 060 -170 147 -317 4M 9,008 20 592 463,400 34,280 ti 863 24M 4li7,800 24AM 10,872 t4= 5MM Population Estimates for Alaska and Components of Change by Census Area,1980-1988 July 1 1884 Not amps NMwal Increase Net Mtmd Jule 1 Net Natural Net July 1 Net Natural Net July 1 Net Natural Net July 1 ioratph 8 Cenws Area EstimaH 1984.85 1984 85 n 19M-85 1985 Eelbnste Change 1986.86 Increase 1985-86 Yigratlon 1985.86 1986 r- It Change Increase Migration 1987 Change Increase Migration 19" its 1986.87 1986.87 1OW87 Estimate 1987.88 1987-88 1987.88 Estimate Hru1i�►itlard<C.A. Aleuhieiu East Borough 8,467 1 64T 92. 135 43 8.559 153 134< 19 8.71211 151 A62:; .8.401 f27 180 30T 8.274I: Aletriart rands C.A Balance ' : 6 820 ; 31 61 23 112 8 3 t 1678 6 881 34 29 63 1 644 78 30 10� 1,566Lj: 7 30 23 .;, 1573 . 226195 7,675 4.583 .9,092 23.3,870 187 1,263 .: 105 4,4M -3,209 T.E 235,133 233 7,159 121 4.167 3ra# 5,& -11,326 134 150 284 . 6,7Ot :i DOW CA 12,970 83 308 .225 13.053 47 332 .285 13,100 201 339 227,974 5,024 3906 8,930 ?22p50 hlwA w ow Mo+gh 1.202 72 18 54 1,364 12 20 -8 1,376 53 Z6 -138 13,301 151 320 -169 13,452 t:A 5,720 105 134 <29 5,825 131 136 7 59rs8 147 i40 27 1,429 1tYJ 22 26 14T -4 115 1,451 JunlatrBoragh 25268 769 473 31 2it9 KaratBerorph 30,275 Z370 714 296 11656 26037 40,645 39 1,008 440 605 479 2b,998 1,032 383 ..:....# 1,415 24,96E �45.. .....347........ . 241,621 KGWWm Gateway Borough - 12.43 -- Ill - ---�-- 171 ---- 14 12 623 106 -- 161 i 313 41,653 -782 591 4,373 40,871 -922 544 -1,466 39,949 .94 Nmt mvg kcic Borough (Kobuk C. Ay 5,691 " 165 155 10 5,856 29 159 55 12.720 64 t68 f 04 12793 -163 157 -320 12.630 ¢tit isfond B°!cuph ..... ;1 :: 919 7313 130, A.86.4 t63 - t67 •4 941w' 29 182 153 6 07l a-�+&� Borough : 2 ..... 116. .. ;�?.If?0 ....'<�31YA ,, 1�1 1.5� 1� :_ _ d74; .,: ;;.., •j,'...+, ..'<. � �i � � •88 13,t�, NwaaC A Nwo a" Baargh 7.888 196 173' 23 8,064 34 171 137 8,118 ..:.::: 111 187 :ry :::: 78 8,229 .i.,6�1 -71 191 1.GiAr7.6A5i; 262 8,158 PAN* d Wales•Outer KOdW= CA 5,174 4,903 248 150 163 95 95 55 5,422 5.143 -48 146 -194 5.374 124 128 -4 5,490 79 130 -51 5,577 $ Borough 7,966 t54 lie 36 $110 82 18 91 110 -9 92'' 5.225 167 86 81 5 392 262 177 5,654 �A' $887 [ 12 55 8T 3,V5 76 52 26{ &,129 4s 24 110 Bt 5 111 06 it,257 w F*buft CA - iltllittOardova T 133 43 ;; 15 f95 v t 1 6 CA 8190 8 iso 158 8,782 3 141 :::::.:.:..:.:. 144 8,779 .53 :134 :::«::: :.. ::18::::: r. t t>6 841 Milow CA 6.490 124 158 34 5,614 18 163 -145 5,632 224 8,726 27 133 160 8,699 WWV"dsbag CA C921 -55 100 -156 6,866 -77 87 -164 6.70 174 50 5,856 116 176 30 5,972 Yykan Kqukuk CA ;' 918t 88 163 75 9,269 183 157 26 1) fi52 19 84 6,808 38 93 131 6,770 4 t61 Z05 ff 408 ... 2f': 158 179 9,387, If111e TOW 52$000 19,300 10,692 8,808 541,300 6.300 10,443 4,143 547,600 -9,800 9,844 -19,644 537.000 3,800 9.398 16,198 531,000 3mm: Alaska Department of Labor. Research 6 Analysis. Demographic Unii, 6 I so Alaska Department of Labor P.O. Box 21149 Juneau, Alaska 99802-1149 i 3614 c P j Janet Whelan City of Kenai 210 Fidalgo Kenai, AK 99611 NEWS RELEASE 1 PERMIT POSTAGE FIRST CLASS MAIL US POSTAGE PAID JUNEAU, AK Permit No. 246 Information TNF6 - I CITY OF KENAI „0d G'ajaj4d 4 " 210 FIDALGO WJW, AL.ASU "S" T6LIEPHONE 243 - MEMORANDUM TO: City Employees FROM: Wm. J. Brighton, City pager DATE: August 24, 1989 RE: Drug -Free Workplace Act As an agency receiving federal funds we are required to comply with the Drug -Free Workplace Act of 1988 as a condition of receiving any new funds after March 18, 1989. Compliance requires that the agency head certify that we have a drug -free workplace. A copy of the City's Policy Statement for a Drug -Free Workplace is attached. Please post a copy at each work station. Each employee must abide by the terms of this statement. Also attached is a brochure entitled "Workers at Risk: Drugs and Alcohol On the Job" that I encourage each employee to read. Attachments WJB/kh CITY OF KENAI %Od CalsaW *J 41444W 210 FIDALGO KC*1A1, AlJI1 1 9"" TELOPHONE 20 - 7M CITY OF KENAI POLICY STATEMENT FOR A DRUG -FREE WORKPLACE It is the policy of the City of Kenai to provide a drug -free workplace. Substance abuse on City property will not be tolerated. Any employee who unlawfully manufactures, distributes, dispenses, possesses or uses a controlled substance in the workplace or during working hours is subject to disciplinary action up to and including dismissal. This is independent of any criminal action concerning the offense. Much of the work done by employees is demanding, exacting, and requires alert and unimpaired concentration to avoid imperiling ourselves or others. This is our primary concern in prohibiting drugs in the workplace; drugged employees are unsafe employees. The City of Kenai is committed to assisting employees who need to secure drug or alcohol counseling and rehabilitation. There are programs available in the community that offer these services. Employees may inquire with the City Administration for the names of these services. Employees are required to notify the City Manager within five days should they be convicted of any criminal drug offense occurring in the workplace. BY: wAmw .a City Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) r ...�..� THIS IS TO CERTIFY that on this day of 1989, WILLIAM J. BRIGHTON, City Manager of the City o Kenai, Alaska, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. 11 1. 4r� 1:&- . Notary Public for Alaska My Commission Expires: INFO -Z KENAI CITY COUNCIL - WORK SESSION AUGUST 9, 1989, 3:30 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING ATTENDANCE: Council: Mayor John Williams Administration: Public Works Director Kornelis, Engineer LaShot, Clerk Ruotsala, Admin. Asst. Howard, Planning Secy Loper Harbor Comission: Chairman Barry Eldridge Fish & Came: Dave Nelson, Norval Netsch, Tom Donek, Kevin Delaney I. ADDITIONAL BOAT RAMPS IN CITY Mayor Williams. To access the river closer to Beaver Creek we would like to trade land with Chester Cone. It will open bank sports fishery along the river. We could have a boat basin below the Cone property to get boats in and out. It would be similar to Poacher's Cove. Public Works Director Kornelis. Alternatives are: You could go across the river. Mayor Williams. There is no access. Mr. Kornelis.- Or to the Lofstedt property. The Simpson property is for sale, but it will bring people through a residential area. Mayor Williams. We could have a parking lot, launching pond and concessioner. Mr. Kornelis. We should do all the improvements. We may have to run it at first. Mayor Williams. We could have one long channel instead of floats. Mr. Kornelis. Or 2 channels, in and out. Mr. Kornelis. By Oberts is too expensive and too high up. Another option is State-owned land by Beaver Creek. There is no access, we would have to work with Murphy. Mayor Williams. We want to stay away from Beaver Creek, it is controversial. This is a public entity, public access for public use. It will be easier to get a wetlands permit this way. There would be no overnight camping, the concessioner would take care of the waste oil, we will need bathrooms. The City will approve the rates. The concessioner can dispense fuel if he wants to. FISH AND GAME REPRESENTATIVES ARRIVED, 4:10 PM. BOAT RAMP WORK SESSION AUGUST 9, 1989 PAGE 2 II. DINGALL/JOHNSON ACT III. FEDERAL MATCHING FUNDS Mayor Williams. I talked to Paul Krasnoski, Fish & Game, Anch. We looked for lands to utilize. We are serving the public, there is no public access on the river for 21 miles. Our City ramp is at the mouth of the river, it is for commercial fishing. The exception is during the dip not fishery. We have had problems with people trying to develop com n rcial enterprises in residential zones. Anglers Acres, Beaver Creek are controversial. We have been Pushing tourism and the Bicentennial. We had no motor home parkas, we have 3 now, one on Beaver Creek. We need river access. Cunningham Pk. is expensive and not good for boat launching, the neighbors object. The City owns 2,100 acres in the area. We may be able to trade. Public Works Director Kornelis. The alternatives are: Cunningham Pk. with the Doyle property for parking, the area below Cone's property (we think this is the best). The City owns land, Mr. Cone owns the right-of-way. We could buy or trade for City land. Mayor Williams. It would be a boat launch and parking area, boat berths, concessioner. There would be no overnight parking. Norval Netsch, AK F&G. What is the current? Mr. Kornelis. Not bad, it is almost dead at low tide. It is a 2-way current. It is 7 miles from Cunningham Pk. to our dock. Mayor Williams. The greatest amount of fishing is from Eagle Rock to the bluffs. Mr. Netsch. Dingall/Johnson Act is restricted to benefit to sports fishing. Mr. Kornelis. We could put a gravel strip to protect the banks, about 10 ft. Mayor Williams. We should arrange an inter -agency meeting regarding how far we can go. Mr. Netsch. We will be working on the 1991 budget. Tom Donek, AK F&G. In the budget, 60% goes to Mat -Su Borough and Kenai Peninsula, based on usage. Mr. Kornelis. We are not ready for profit businesses, would that make a difference? Mr. Donek. We would want to know the private boat launches on the river. Where are they and how do they feel? Mayor Williams. Eagle Rock is the only one. It is to the maximum. BOAT RAMP WORK SESSION AUGUST 9, 1989 PAGE 3 Mr. Donek. The Corps. of Engineers will ask if the City has an alternative that is not wetlands. Mayor Williams. The City owns 2,100 acres, most is wetlands. Mr. Kornelis. We have looked at alternatives. There are access problems, some people are not willing to sell. Mr. Netsch. Maintenance is a concern. There should be a provision for City responsibility. Mayor Williams. We would have a cooperative agreement. We would expect to maintain. Mr. Donek. The Feds require a guarantee that funds - will be used as stated. They will fund, the City will guarantee use for 20 years. You could renew, but you do not turn over ownership. If the City uses the land for a match, the City would have to dedicate use but would retain ownership. Improvements and -the cost of building an access road could be used for match. We are better at getting grants from the State for match. Mr. Netsch. The match would be in our access budget. Mayor Williams. We would be better utilizing City lands for a match. Mr. Donek. The land would have to be appraised. Mr. Kornelis. Could Federal money be used for the access road? Mr. Donek. They would prefer not. Harbor Commission Chairman Eldridge. Could the project be phased? Mr. Netsch replied yes. Mr. Donek. But each year we would have to go to the Legislature. Mayor Williams. We could use income from the dock. Mr. Donek. The Feds do not like launch fees. Mr. Netsch. If there are fees they should go back into the dock, maintenance or improvements. Mayor Williams. We will have to: a) get costs of the z�.. program, b) exchange land, c) talk to the Feds. What is the time frame for the 1991 budget? Mr. Netsch. Next Tuesday (8-15-89). We do not have to have a final 04 4 figure. Mayor Williams. If there is a problem, can we Move forward? Mr. Donek replied yes. Mr. Netsch. It is getting tighter on plans. Mayor Williams. Engineer LaShot will get the preliminary figure by 8-15, for the ramp and the r parking lot. Mr. Donek. It has to be less than $200,000. Mayor Williams. We should figure the cost of the road to where we need it and the cost of the ramp, a filled area for 50 cars, a separate road and ramp/parking lot. BOAT RAMP WORK SESSION AUGUST 9, 1989 PAGE 4 Mr. Donek. You will have to specify the use of the road. Mayor Williams. If we build the road, we will stay under $200,000. We own 36,000 yds. of gravel, we could force -account. Engineer LaShot. We will need rest rooms. Clerk Ruotsala was directed to make an appointment for Chester Cone to meet with Mayor Williams. Mayor Williams will arrange a meeting with the Corps. of Engineers for 8-21 in Anchorage, Public Works Director Kornelis will attend. Mr. Netsch. If we get a figure, we could set priorities, see the money we will have for 1991. Funds would still apply if you change the site. This looks like a viable project. Mr. Donek. Dave Nelson, AK F&G, can come up with use figures. Mr. Nelson and Kevin Delaney, AK F&G, can get need statistics. ADJOURNMENT: Meeting adjourned at 5:00.PM. Janet Ruotsala City Clerk .= nir—o -3 TO DO LIST August 16, 1989 KENAI CITY COUNCIL 1. J. Loper - Ord. 1333-89, Maguire, Amend Zoning Map - on P&Z agenda for 8-23. 2. C. Brown - Letter to RDC requesting explanation for Nov. to Nov. billing 3. J. Ruotsala - Schedule Council, Legislators, Lobbyist meeting after Oct. election. 4. J. Ruotsala - Schedule EMT meeting with Dr. Hansen, Fire Dept. after Oct. election. jr YK CITY OF KENAI ,ail uoapdcd 4 4�"" "- 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7533 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO ,r COMMITTEES AND COMMISSIONS NAME ttENR�I D. ?6-AWcf/ _ Resident of City of Kenai? &-.S How long? S � s Mailing Address (oq'3 Pap(,,- C.',r Tel. c3E33-5+za Bus. Address n. ,6)c Ict6R Tel. JS3— —7-.5l Presently employed by N}' rtren. k'z-' Q k 1? P ,kLA--1 kA, Job Title ?- 4A c (•} µlrAJ A.6-� I V(c. c -PR. G-s c D crxT f Name of Spouse Current membership in - organizations ' . i t c t+A+4, df Cd CE Ksr� lh l lZ.a TAR C- L. AA , 3LW( OR_ AcH Ie-J61AE►T DF P&MIAI f Fast organizational -membership: s ,Tr — 4 F iLs- ,DST, "s r&4- cR b-04k2L trg e614\ 04v*g C. S kA4",a y Committees interested in: �IF S i _9 n d= T16 �.�' Wasmi q f _ MA IFO s FALL IS APPROACHIM611 BIMW---- Kenai Bicentennial Visitor and Convention Bureau now has Bingo every Friday evening at the American Legions Hall. Doors open 5.30 p.m. Binge 7.p.m.There we good prizes to be won. i The Chamber Office has a set of ttw Small Busi ness Admi mstration Busi ness Development Publications for our members to review at their convenience. TOURISM AL.AcSKA TRAVEL GUIDE invites those businesses who have goods and services of iftrest to our visitors, to submit their information for a FREE listing In the annual guide. Send to Joann Odd, P..O.Box 32969, Ni nilchi k, A.K. 99639. Organizations] Meeting of Penninsula Chapter of A.VA. 9/9J89, King Oscar's. Business Meeting do Election. Registration 9.30 A.M. N.BA., Marvene's, Bill & Barb Webb, Mayor Gilman, for their Bear Donations. EMRS-- UWWWAIrSeryiee, Ken Sethe MvIoUng fxpress, Inc. Mark Allen Gloria 111, Associate Member September 6- September 13- September 20- September 27- School Board Panel Borough Assembly Panel City Council Panel Mayoral Panel BEAR DONATIONS CAN QE 11ADE QUI TO -"KENAI CHAMSER Of COMMERCE -BEAR ACCT-. r -any amounts appreciated, Larger Donators will be Engraved on Base Plaque. - Monthly payment donators ($200) will be recognized on Plaque i nside i:abi n. l September 1989 Sunday Monday Tuesday Vt**$* y1wrsod" Frid" Saturday ON TV�� I KENA =" PO BOX 497 MEAN — KENAI, AK 99611 ol 283-7989 LABOR DAY SCHOOL PICTURES SCHOOL PICTURES SCHOOL PICTURES 7:30 EXEC BOARD j KCHS KCHS & SOHI SOHI NEA 10 :OO BIZ MTG CHARTER MTG 12 :00 Chamber: PENINSULA 12 :OO KCC Board SCHOOL BOARD CHAPTER AVA Mtg PANEL KING OSC ARS 12:00 LUNCHEON 1 :30 BROCHURE SEMINAR BICI BINGO! GRANDPARENT ' DAY 11 -30 BICI MTG 11 :45 ALLIANCE 12.00 Chamber: 12-00 KCC Board KING OSCAR MTG KING OSCAR BOROUGH Mtg "THEY APE US" ASSEMBLY PANEL BOB PENNEY & OTHERS FROM ANC Cuff lip U Q flLl, 94 996 isicIsow Is 1. NATIONAL SCHOOL FIRST DAY OF HOMECOMING BUS SAFETY VEEK FALL KCHS WWl, TWN 12.00 Chamber: 1OK tl-23 CITY CoLvicIL 12.00 KCC Board PANEL Mtg LAND USE ORDINANCE . HEARS BOROUGH 9 I 10 BLDG g S I BICI BINGO u NATIONAL 0000 TEACHER HOMECOMING SOHI NEIGHBOR DAY PLANNING 1 /2 DAY 11 :30 BICI MTG 12:00 Chamber: KING OSCAR MAYORAL PANEL 12:00 KCC Board Mtg 841 2 mialcisINGO Created with CalerWwMaker" by CE Software, 515-224-1995 ALASKA VISITORS ASSOCAT! ON KENAI PENINSULA CHAPTER' SEMINAR AND CHARTER MEETING Thursday, September 7, 1989 9:30 am Registration Mr. D's restaurant Kenai **Charter Chapter Membership Hear **Election of Keynote officers Speaker **Establish Tom Dow, Peni na ula Tourism coals President Alaska Visitors **Committee Assignments Association Learn about "Creating & Designing Brochures for Your Business" Seminar with Clark Mischler, Evans/Kraft Adve rti si ng Agency Please remit prior to 9/1/89 to accommodate room requirements RegrAdd 1 n Remit to: Peninsula Chapter/AVA: P.O. Box 1991: Kenai, AK 99611 Name: PhoneN :_ : State Zip Cost (Charter Meeting, seminar and lunch): $40.00 per couple 25.00 individual 20.00 *'Charter Dues (Until July 31, 1990; dues go to $25 after 12I31 /89) Total Amount: $ Check enclosed Pay at Registration_ 26% REDUCTION United Chambers Insured Flans Has reduced their new business rates by 26%, effective August 1, 1989! Call Now For A No -Obligation Rate Quote! Purrington Financial Services 561-7117 Y. (NO DEDUCTIBLE, NO COINSURANCE) UP TO $1,000 PER CALENDAR YEAR PER INSURED PERSON ON COVERED EXPENSES • EMERGENCY OUTPATIENT CARE* • IIOME HEALTH CARE VISITS* • PHYSICIANS ASST CHARGES tf • MIDWIVES/BIRTHING CENTERS • AMBULATORY CARE SURGICAL FACILITY (IF MATERNITY OPTION IS ELECTED) e PRE ADMISSION TESTING Elnergancy Out -Patient Care means treatment for a sudden and unripened injury at sKkness whKh involves a life threatening element The Company Man dele—nr d trip was provided on emergency basis after dtagnosrs Is made by a doctor Treatment must be rendered within 48 hours at an nqury or within 12 hour, after sickness symolorns first appear. rha benefit isItmned to ) [+sits per calendar year. It up to :reasonable and wslomary, • •Not available in III and VT THEN YOU SELECT FOR HIGHER BENEFIT OPTIONS —At Additional Cost OPTION 3 OPTION 4 80120% 80120% of next of next $5,000 $2,000 Select up to 3 Coinsurance levels per group on all plans Maximum out-of-pocket per family unit per [slender year Is 2102 times the deductible and coinsurance. AFTER WHICH UCIP PAYS After the deductible and coinsurance is met "UCM'" will pay 100% of eligible medical expenses up to the lifetime maximum of $1,000,000 (includes $250.000 for transplants and $10,000 for inpatient psychiatric) OR FOR SUBSTANTIAL REDUCTION ON YOUR PREMIUM, SELECT UCIP'S INNOVATIVE PIA" 27 $100 I1111lo11A' "ty DEC WITH CHOICE CIVMONTHLY — 25% Premium Reduction from — Geared to your Monthly Budget $100 Annual Deductible Plan when choosing each Month's Deductible and Coinsurance this option for your group stand alone Avatlable as a Group Ootron oniv .INFO 6 URGENT * URGENT * URGENT '* The Amended Ordinance 89-31 was adopted by the Kenai Peninsula Borough Assembly on August 1, 1989. The present ordinance has created two separate classes of non-profit organizations. Non -profits who do not have a permanent gaming facility and pay for the services of a vendor will be required to pay a 52 sales tax on the gross pull -tab sales. Organizations who have a permanent gaming facility are exempt. The Kenai Peninsula Non -Profit Association feels this ordinance is discriminatory and opposes taxation of My non-profit organization. The Kenai Peninsula Borough Assembly will meet September 5, 1989, in Seward. Mayor Gilman has agreed to re -introduce the amended Ordinance 89-31 at that time. The support of each non-profit permit holder in the Borough is needed_ Please call your assembly representatives today and urge them to exempt all non-profit organizations from taxation! THE KENAI PENINSULA NON-PROFIT ASSOCIATION WILL MEET THURSDAY, SEPTEMBER 14, AT THE EAGLES CLUB. ALL NON-PROFIT PERMIT HOLDERS ARE INVITED TO ATTEND. WIMITER lE Y TO: The Zrnai Pendnsal.a Borough Assembly RE: Ordinance 09-31 (Amended August 1, 1989) DATE: September 3, 1989 The Kenai Perdnsula Non -Profit association is opposed to taxation of aDy non-profit organization. The amended Ordinance 99-31 has created two classes of non-profit organizations is this Dorovo. To tax o4y the non-profit organisations wbo do not have permanent gaming facilities would appear to be discriminatory. Based an our organizations' understanding of the amended Ordinance 89-31, we would like to stress the Veal lowing podats : 1. Vendors sell pall-tabsoft behalf of the qualified nosy -profit or charitable organizatio u. , 2. 9AX qualified non-profit organisations are allowed to purchase the tabs from lioemsed distributors. 3. Under the provisions of AS 03.13, title to the pull -tabs never passes to the vendor. 4. The non-profit organizations who do not bane their own permanent gaming facilities aMd the exposure provided by the vendor wbo invests substantial time and effort to properly sell and account for the pull -tabs in his possession and, tberefore, must rightfully be compensated for his time and effort. 3. An average pull -tab game returns approximately 10.8 cents per ticket to the vendor. This is small co peasation for the amowit of time it takes to sell and account for the tabs. To expect the vendor to receive only 3.8 cents compensation for each ticket after taxes is urealistio, and will most certainly result in the tax being paid by the non-profit, severely limiting their ability to raise funds for charitable, civic, and educational purposes. (Figures from An's of Ali, a) 6. In. as effort to avoid paying sales tax, it is only reasonable to expect the affected orgamAzations to set up permanent g wWaq facilities in local malls and other publilo areas. 7. Some vendors are in fact members and/or Nembers-in-Charge of the non-profit orgaffizatioa they senior. Now will the sales by that person be regulated or exempted? S. Tbere is ooaoera whether the Borough can truly establish wbo would or would not be cover ei by the exemptions. 9. The ordiaaaoe does not address the method of collection of the sales tax. 10. The only ones wbo will suffer from a sales tax are the local non-profit organizations who do not bave a permanent gaming faoility. The Lanai Peninsula Doroso assembly is argo4 to exempt In pall -tab sales from tasatios. i .al'lis 4 b 66 '.'! 19t1 . KENAI PENINSULA BOROUGH ASSEMBLY MEMBERS Jack Brown Rt. 1 Box 159 Kenai, AK 99611 776-8510 H John Crawford Drawer M Seldovia, AK 99663 234-7668 H 234-7625 W Betty Glick Box 528 Soldotna, AK 9966.9 283-7644 H Mark Hodgins Box 372 Kenai, AK 99611 283-7862 H 262-4722 W Brentley D. Keene e, HCR 64765 Pitzman Ave. Homer, AK 99603 235-7327 H Karen McGahan Rt. 1 Box 767 'Kenai, AK 9 t�:frti _. ,..,%%McLane --r- P'tty"8ox 468 •- Soldotna, AK 99669 283-4786 H 283-4218 W Sharon Moock 295 Kobuk Court Soldotna, AK 99669 262-6367 H Frank Mullin P.O. Box 805 Soldotna, AK 99669 262-5477 H Phil Nash Box 4084 Kenai, AK 99611 283-3053 H 283-7514 W Patrick O'Connell Rt. 2 Box 743 Soldotna, AK 99669 283-9222 H 262-7411 W Al Poindexter 4267 Shirley Court Homer, AK 99603 235-8320 H Johnathan Sewall Box 1 184 Seward, AK 99664 224-3581 H James Skogstad Box 8 Hope, AK 99605 782-3521 H Marie Walli * Box 1266 Homer, AK 99603 235-8313 H Mayor Donald Gilman Box 2941 Kenai, AK 99611 283-4182 H 262-4441 W w- FO 7 AUG c8 '89 11:54 AK MUNICIPAL LEAGUE Kim - TELEPHONE 217 SOCOND ST., SUITE zoo ;86•11B JUNEAU, AIASKA "801 FAX (907) 443-34 0 FAX COVER LETTER GI ick : 26%- 3elt Rexford : SsZ,-AMy Date &a L&L,,r,U89 FAX no Jones I ■ ?-4S„ 6 TSW 9 FolwvipS paW age for Delbert Rexford, 0orothY Jones and Betty. GI ick ()rpnintim AML Board of Directors From Scott A. •Burgess. Executive Director Additiomal notes: Delbert, Dorothy and Betty: Please read and review the enclosed material to see that it gets the message across. Please call me as soon as possible with your comments. After any revisions,I.will get it out to the Board members. Thanks. Receiver'at City of Kenai: I have called Betty Glick to let her know this fax has been sent. She will contact you ... but her phone number is 283-1644. It transtnissi6n is incomplete, piesne call ("I) SS&1325 (voice) .��Yl�wo..sN.arn•.�. �� E,o.aa,�W:tnnr�ff�r.u�d.x+.•i:,.�'7."aku 6.ul�i.�.:m�. d"«,.i. AUG 28 '89 11:54 AK MUNICIPAL LEAGUE P.2 August 28, 1989 Dear (Board Member) : I am asking all the members of the AML Board of Directors to assist in making an effective presentation to the Kenai Peninsula Borough meeting on FY 90 A14. mobership, tentatively scheduled for Tuesday, October 10, 1989. The AML is our organization and it is up to the Board, with the assistance of our staff in Juneau, to prove that the Alaska Municipal Leapo is worth joining and supporting. I am asking each and every Board member to do each of the following for the October loth Borough meeting: 1. Sponsor a letter or resolution before your city council or borough assembly as soon as possible in support of the AML and in recognition of its benefits to your community, directly or indirectly. Send the letter or resolution to Jonathan Sewall, Presiding Officer, and Assembly, Kenai Peninsula Borough, 144 North Binkley Street, Soldotna, Alaska 99669 (send a copy to Scott at the AHL Office). NOTE: For your information, 1 have enclosed a copy of a letter Scott wrote to Joe Evans at his request last year. 2. Call your representatives and senators and request that they send a letter to the Kenai Peninsula Borough Assembly (addressed as above and with a copy to the AID,. Office) recognizing and supporting the efforts of the AML. 3. Attend the Kenai Peninsula Borough meeting scheduled for October 10, 1989. The material collected above will be presented as a packet at the Borough meeting. AML Past President and Kenai Borough Assembly member Betty Glick and Dorothy Jones recommended this strategy in a discussion with Scott Burgess following the Board's discussion in Barrow and the general direction given by the Board to make a presentation to the Borough to encourage them to continue their membership in the League. Betty suggested moving the originally suggested date of September 19th to October loth because of a full agenda on the earlier date. AUG -28 '89 11:55 AK MUNICIPAL LEAGUE P.3 I cannot emphasize the importance of the Board member's contribution to this effort. While some Board meters expressed a concern about having to do this every time a member threatens to pull out of the AML, I believe this action is necessary because of the allegations of rural dominance and legislative ineffectiveness, because of the financial impact on the League and the cities in the Borough, and because we can perhaps use the presentation in a public information campaign or in other ways. I have enclosed a couple of news clippings from newspapers on the Peninsula regarding their action on AML. Please respond to each of these requests and continue do your part on behalf of your municipality, the AML, and local go ern"nt in Alaska. please call Scott and let him know if you cannot carry out any of the tasks. Thank you. Sincerely, Delbert Rexford President Enclosures saW kenai.board AUG c$ 189 11:55 AK MUNICI P.4 TELEPHONE (907) M-1325 Joe Evans, Director Alaska Municippal League 4741 5outhpa . Bluff Orive Anchorage, Alaska 9 14i•4846 Dear Joe: I am responding to your request fo should/must belong to the AML" respond as to how Anchorage has "concrete terms" but, as with an more nebulous or "touchy, feely" membership in the AML is mutually to participate as actively as it 217 SIB ST., SUM 200 JUNEAU ALASKA "001 October 26, 1988 y r assistance in addressing, "Why Anchorage for your budget hearings. I will try and gained from its membership in the A14L in membership organizations, there are some benefits. From sly► viewpoint, Anchorage's beneficial and I hope gage continues has in the past. Historically, the Alaska Municipal League was formed in.I950 in large part C. due to the efforts of Anchorage. Anchorage has been a member of the Alaska Municipal League ever since as a city, a borough and, now, as a unified municipality. There have been eight AML, Presidents from Anchorage from 1950 to present beginning' with the firsf AML President in 1950, Z.J. Loussac. The membership of the Alaska Municipal League now stands at a 122 cities, boroughs, and unified municipalities across the State of Alaska representing 95 percent of the municipal population. Currently represented on the Board is AML President Heather Flynn, yourself from District 5 (Anchorage), and Ron Garzini representing the Alaska Municipal Management Association. As a member, Anchorage has a vote at the annual meeting and is. eligible for all member services. The annual dotes for Anchorage are $33,500, the maximum rate under the current dues structure. In general, Anchorage and the Alaska Municipal League have a symbiotic relationship. In other words, you need us and we need you. Anchorage is the largest municipality in Alaska, representing almost half the State's population. Candidly, Anchorage has an image problem with the rest of the State and, therefore, Anchorage, in effect, cannot afford not to be in the Alaska Municipal League in a political and public relations sense. Outside of its participation in the League, Anchorage is resented to some degree by other municipalities. Without the League, Anchorage stands alone; but, with the League, it participates with the other municipalities in demanding the attention of the administration, the legislature, and Congress. Granted, Anchorage also does well in commanding its share of state funding on its own. MEMBER Of TH9 NATIONAL LRAGNE ew crMs Awn Twos N.+w... ..e......�.... AUG 28 '89 11:56 AK MUNICIPAL LEAGUE Joe Evans October 26, 1988 Page 2 6y the same ; token, without the partic, only e6 perch' of rather than tts cur+ its 1 islative itla hat f of the r"ropm Alaska Marnitipat t c�rent t, member oar fuses a silftf Anchorage's elekted Lome and, th t+lunicipal Leago se the usage of the IN t Alaska Municipal Leal too of Worm. Say. e Statte's maicipal poi 96 owcent pn leti P.5 cannot function as well that the- AHL represents it AA rage, al 713 so of knowlofto through ti pAoiated officials and their ► rest of the Statae. in the a of Anchorage and A C"ing out as tha ear of Wes+, the ftoot of its Of we stiff e, the League icipartion of wtion to the , the Alaska I strengthen$ The major factions of the League. are -representation, service, and information Mk",, The legislative platform of the Alaska nicipal League Lea benefits �r 8 as much as, • i f not a than, ieany bf tie other .. municipal mars of the League. While almost half the legislature represents Anchorage, the.Anchage delegation is notorious fir not having a unified platform. Tough the Le a, Anchorage can purtue its legislative platform, a eciall non-cfw ital items, to true degree it b!enefi,ts from its fellow munici�ralities. I"ificant legislation rwbich has been pursued in recent ,furs thI *ugh the co►htiened' effartb of the 'AML and Anchorage includes ContilZiATO 1 icipal Assilstaaeae and Revkn4e Sharing fundi , Senior Citis s the waterand $ewer revo'ivingloan fund, the resolution of the 4 talalth 1,atbda litigation, mumicipa►l lands selection legislation, an�Jjs4e*,dor These are only a few of the pieces of legislattio which have are currently being pursued in the legisl urwe. Afthors has its own lobbyists as do otter suniciool itfes which belong to *a "as a Raicipal League. For the most part, these lobbyist pursta india►�pl a pieces of l* I slatioo or sp ific, fjodiag for that 111icipallity. It is only through 3a League that the Moe generally benefictkal pieces of lggjsslstion can effbetively be pursued and passed, or dare wawted as app*riats. nzily cases, the hired Tobbyist do not sien deal in non-eapital issues. in ation, the Alaska fawoici al League provides year armed representation in Juneau dealling with the Administration "off • s�aI�tll'" . From a service standpoint, the League offers a variety of services from which Anchorage benefits, and the potential exists for aahlitianal services to be provided with than active participetihn and support of its member municipalities. To a lesser degree, the Municipal League assists with representation in Washington. Our Congress-ional 0*1"ation usually listens to Mchorage, but the additional support of the Municipal League helps. Services Ai+ii. publications. these include thelal«h .�1;; l- , the State ,aid CAtalaa, the AH Mew.alet'ter, acnd t e "Legislative AUG 28 189 11:57 AK MUNICIPAL LEAGUE P.6 �\ Joe Evans October 26, 1988 Page 3 Bulletin". Municipal officials training is another AML service. Training programs include the annual confer, New Elected Officials Seminar, and the L 's assistae to the . s Clerks, and the Alaska Conferwe of M a rake ps i e Witoaw in anoi benefits from all of ese A1a a Mwe►ici al � 4 MIntly undertookand ie 1 a. a 4or tervitR effort in • abI iI the Alaska ftnicipal # lot I kWOKOAU110fea '(A 1 1e AncbowW is not '+�►` in his a this tip# ial clsts Vithin the s . ;Like it to 1 « Is the area of I}" pMr 1+IIM IM�t1�1 blt� 14�I he, lie as the ARIL/JIA Qrests . st to "ids risk i:, services to Anchorage. At fhip la ltA �i , t Mas soft a itussi*w of ANL/JIA assisting not Oft Y icipmV ties' -but the State to ass the a stets problem. 7WAK recentlAr W80t Out and "tisted a +Conbl ct to buy FAX mw*fnes at 35 vemot of list prio;es for Aft MembersairM eoraee may have al resed 0urchessd FAX machines but it is an e� a of aoothhr service that can be provided thrmh an organisation se** as tit* i.oue. Bally, small SNe►rvices such as the, X"=4"has the A00orloo I o�ipol ass# encte and sw of d�►l1ao"'s � sari thi lorntcipality teaadreids of AouC vee �hiering o pout years. In terms of inforowtion age and n6tworking, the Alaska Municipal League PrOVioiek h fw w hw 00*4 pal sties to srhare problems and solutions and i e i en. is a 1 ai-v, we+e, the ' All akkat N snieip*l i.e ue is a o apika�ti,on for the w the ow have the Mayors �*000 the st throe t Asscsiataoh, and the Clerks have �r,ts�ea. Alaska itiipiai Wow provides. support to as Nis MO Co it �tqt olso� support to',other affiliated or is ensa, do foaer'1 level, pwge coven p%11,cipate ih both the N ion L04" of istfes and 'the Nets 1 Ass ociqf.C+ouwoties as a d der the its part ttfdn in the Alaska Municipal Las r; Is poor, is toy Vu d•r' to the National . wcn cations St ring Committee, and Led , � , it t#' �roo�napourtatiowse e� H�w ewer se a �ie� the finance, Malofstration seed i�hher^gewrer ental J�eT i i C"itt +as eked O your part �cipatUe in the Ale iCi l ode. Put and fature rorpr"ootation on the boards of t e lw a "t%ns will to stro do if net be Older pose i bl e, �1 L ion asp as AML fir. Ano erM10 bersefits, every year to clever o Of tAeedwar of oidllarys from the feral payments- io-1o' tauows Program* a pram made possible through the efforts of the National Association of Counties and, specifically, the Western Interstate Region, Anchors grid host the western Ilaterstate Region Conference in May in lid, in, port thYMO tha frOrts of 00tty Glick of the Kenai Peninsula Beroa#h 1 ;s sly and 's rVresewrtative ba WIR. Finally, it boils down for a question of money. y As stated above, Anchorage's annual dues in the Alaska Municipal League for FY 89 are $33, 600, the AUG 28 '89 11:58 AK MUNICIPAL LEAGUE P.7 Joe Evans October 26, 1988 Paige 4 maximum amount under the current .dues structure. This would represent a .02 percent increase in the li icipality's proposed FY 89 budget ($175 million) and an additional 2.3 percent in the '"Assembly" line item ($1.4 million). There have been no increases W'dues since 1983. As an AML member,, Anchorage has hosted the AML's annual conference three years since 1980. Conservative figures provided by Anchorage's Visitors wind Convention Bureau estimate the impact of over $260,040 based on the Levanthal i Horwitz factor of $110 per del to night. This figure was provided as an admittedly covWervative figure, and 1 agree that it is very conservative. While Anchor&0 ,does not al'�ways fare well under per capita formulas; on a dollar per person basis, Anchorage pays 13 cents a person in dues compared to $2.33 per person for 6olovin in western Alaska. This is a brief response to why Anchorage should or must belong to the Alaska Municipal Le,us. Again, Anchorage needs AML and .AML needs Anchorage. I think the AML is a great institution which can only continue to exists and improve its services through the active participation of the membership. While the AML may 'not be. indasprensable, it is valuable. The Potential exists -for the Leo$ ue to provide even more services -but this can only be done with the support of the maa111 ip and through the active participation of member municipal official's. As staff, I find it somewhat ironic or perhaps paradoxical to be justifying the existence of the AHL and Anchorage's membership to a Board member mind to the municipality which help create the ARIL, has supported AML as a member since 1960, and which pays my salary. However, l hope this information is helpful and I look forward to the continued membership support and participation of the Municipality and its municipal officials. Sincerely, Scott A. Burgess Executive Director cc: AML Board R 36- DRW 8 W9 ._ Clio* educes bY Caertsdant of yft SOLDMWA -- IU Ab Lea* and dte Resetkoe, Drk Ca. m ru+� icy_ at SNA MWbum , Aber two boats at debage arm WbM ID abet $7j= Ar for as � - Lefem h Mayor Don Gila m sold the cus new cities in da botavo wN Mve M un tcwtpal League role M xwm if fty want ID be part of doe ►, tha WwoO bay tt of SM a s Aa said, �dtl wok 1bs�ie�isr.tat - - gut per e bib to tea, be[ wield gtet power lwld.arse bw9%Wsy• be brut � (".� or 106- behaved die topnCit was controilod by and ttg exit for dte oil k the Kenai Peninsula. rar's butt asdce, ceuplod �►�Mod , - bttuitetlbrdwe@ t- luiciftr also pund a ns+obttioo seaia ft too uf& " for ad and DwaoW yeawn at 5.75 _sift A no is i - dM 11 iIIIiIJIM i to Ifte sad dte Action a *e p4ows" Sou Am vp se aaeM GWMA membersli1p. thew said tic l64fib,aWftSouthFfti=vbffospU Seni" Area which increased io= a! i■ tduea aeries, dte asaat * i1wo" a 9=ft to af&Mwe and t++micsforj* I& �iaoe �ebe �v�ae� m� ate � Ift 0108ance was pf on by it :ate �mt utf t!t claimicta exe�i � 6 oft of sane c0 do= ** awoodOm dm Voij bu nab wn1mveh 04*4"Cabal raise fiAdL &A do W. bttlbaw often qMW Wder the of = III tma-pr�otlt goat can't adidcd Itt�Ko their awn gasses. Soars bit owl have sued taxing all games or no e. Peninsula Clarion . .'lit NO. O t g4 Borou h cutting - - aZ fit• is � es back tt."UME Y. agreed to reduce gar. OW WON bage collection within the Kenai - The borough plans to throw Out Sobs SMA. The reduction is all of ifs big green road" 8W- designed to counter an anticipated Lboxes td Ear within 15 miles of 25 percent increase in garbage- Muling rates. according to the The green boxes apparently are bocoughadmink ration. 11101011;11�br sod co"011i d pkces far The Assembly made no additiom residegis to tM balls of mold to the 10M budget as presented garba8K ratbw titan hire to land- by the administration. but it cut ppslnKeWor3oldvtipn- twoitems: But fife cost of garbage is • Dues of $7,541 were cut from the "pWftY 9oft thceugb the roof. Statewide Resource Development ''ice Borough Assert, in ac- Coulcil: a W-9 as n badAlet • A i2,S,210 membership in the ...Tea 0 savings sought �.17 tit there, and they'll throw it (gar - Gilman said cutborough bege) on the ground." j pcbqp service we dd elkMnme a He added Mst people taking 4i Me- Breen bolas in garbage to the Soldohna dump downtown Solektela, and two or "IM it" an the gray, and said the three ' ' 1 oNWA4116tuft BaPh ram Is an eyesore. lie said Road. There also would be ra U— wmtxsffiC would mgtte k worse. trorAft SM at the Kenai Landfill Mitllt n manad that an extra or a Bckees. 3e9kW cedes par for one or two die rAftd that it casts MW a green bates between to and is Yew t4 had am of the grim booms W. oulaids of saidot , to help in Soldlina reetr Miles down the rear farthad from The dump, roadletlarSdfafwdAmp. Assemblywoman Karen "We save to bring it to a halt or UCGahan geed. saying the the taxpayers am really getting service clef MW be iamwiJese, the short shrift on this," Gibmut but, "We have to bite the bullet said. "B' we don't cut this tent- sew -- Pease) somehow, weft have newly The ably rejected the addi- ct million in hauling cars nest UOMIM,60withaS-takvote. rear.16 In discusaft has proposal to cut Assemblyman Frannie Munen boron► darn to the Resource De. suggested increasing Me hauling Council. Assemblyman budget to MOW loease the cut- Beam Kedse said the group was back. "foetting out ran the all industry, "As Soon as we pull these green and ad for our interests down on boxes, there's going to be a heck of the peahavia." a stink." Mullen said. "I think 11ne RIG is a pro-develeparefn People will pub up in their pickup lobby based In Anchorage. Keene trucks. ter• geedbox won't be called the RWS goals "counter. 4 on green trash bins Alaska Municipal League w dropped. The rent of the budget, which is 10 take effect July 1. was accepted as proposed. The complexion of central Peninsula garbage service will change in IM. The Kenai landfill closes OR Jan. t. making the Soldotna site the single dump on the central peninsula. Borough Mayor Don Gilman said the borough garbage{ hauler, Peninsula Sanitation, has applied for and will receive approval For a Some ' Assetnbly members commented that a similar service could be done by the borough's year -old Economic Development District, or that members of the i WMMparUe1VdeinVw RDC. The Assembly voted 11-to-Y to cut dt toMeRi�. Gilman called the Assemmy's other cut. to remove local support for the Alaska Mgnti�at League, "a for'wart" me than added that he didn't nec- cessarity agree with it. "i don't think individually you're trying to tear down the concept of the Alaska ManIcnpal League," Gilman the Assemb#r. •`d think whet you're doing is sending a message. a very toad and clear In the lass t few fears, the toeus of the AAilt. a noolrWit oegaa hat Win inntiedr tn the State Gtgislatiwe For municipalities, has shifted More toward unincorporated areas. according to AssemblyounM SaMci.aAe. -1 thirst the organization is whol- ly run by, Iml (Belch) arils in as rate increase of 25 percent from the Alaska Public Utilities Com. mission. With that kind of increase, the price of hauling garbage would pile up to SSOt ANOr SWOM. he said. The service cam $*8,06 this Year. and the Assembly agreed to budget another $W.40 for the W coming year. The lower price will come At the expense of all the green boxes within is miles of the Soldotna Landfill. See TRASH, track page ATaslui which pay very little dues and subscriptions,,, McLane said. The Assembly agreed. voting 10- 10-3 to accept the budget cut. Gilman said fie result of the AML cancellation would be a "significantly large increase" in dues for local cities, which unW now have been sttbaidiaed by the For example, Kenai would pay Mft) rather than ;'tom; Seklotna world PAY $3" instend of Im. and Homer wooki jump from sm to $3,700, according to Assemblywoman Betty Glick, a member of the AML. Board of Directors and a past president. Glick, reacbed by telephottie on Wednesday, said 00 although more members: of Bush Com- munities have "learned to play tM game," the AML still speaks for all municipalities. "If you look at the priorities, they are not Busts oriented," shesaid. She pointed outthat com. munities and groups like Port Graftam, . Envish fty. Salarnatof Native Associmiok and the KArt AN Ttibe -UN into Me Bush category yet we within borougi boundaries. Other boroughs may look at the Assembly action, Gilman said, in- dicating that other larger might follow suit. "1t will esting to see what the domino et - feet Wright be," he said. Glide asked what will happen if there is no effect, sayw& -if yft don't participate, and it doaa't change. vdWs tobtame?- in O tar twainessr the AM Mbly: O Sal the &" r,09 tar rent and personal "eft taxes nor as,* year 19118.90, tr f tie¢rrs .Fry 1. a mewl tares held to 5.75 antis. bat tra- Rrirdsotttrd+sendoe snas,�aee a�htinareases inR+e+r.rdl rases. C Amended tnarwua[r cedes a anew pre 68mugn eo tyre earjoyees and 90odt lowtprow Pod aadtwilm , pendiewi aas,b4c rote on Ott. 6. © Sat ftr ftearbli.%ty to a nweg rw b an+end am barou9A sires bm code, 00 CN"t seas tax OR apt IM940 nerd ante► A~9 s - . A suftswte ttteasun roankwoeocedd -wedda.tassaltstutonle j @saMa� O© y ough CIefCo �T � S �'J :l,iG; is y� a P'e1?illStlla BMNv4fl3d'8S �,i: •�` = j- ` �. Binkley tna, Alaska5�.� t Janet Ruotsala, Clerk City of Kenai 210 Fidalgo Street Kenai, AK 99611 KENAI PENINSULA BOROUGH ASSEMBLY COMMITTEES, SEPTEMBER 5, 1989 A tour of the new elementary school site will begin at 3:00 p.m. STANDING COMMITTEES: TEMPORARY OR OTHER: FINANCE 5:00 P.M. Classroom 202 John Crawford, Chairman David Carey, Vice Chair Marie Walli Phil Nash Pat O'Connell Betty Glick LOCAL AFFAIRS/LEGISLATIVE 4:00 P.M. Classroom 201 Jim Skogstad, Chairman Frank Mullen; Vice Chair Al Poindexter Pat O'Connell Betty Glick Karen McGahan PUBLIC WORKS CMTE. Classroom 201 at 5 P.M. Sam McLane, Chairman Sharon Moock, vice Chair Jack Brown Karen McGahan' Mark Hodgins Brent Keene Jim Skogstad Alaska Coastal Policy Cncl. John Crawford, Assm. Rep. Cook Inlet Aquaculture Assn Brantley Keane, Asam. Rep. Data Processing Steering Cm Mark Hodgins, Assm. Rep. Kenai Caucus Betty Glick, Assm. Rep. Kenai Peninsula College Bd. David Carey, Assm. Rep. Economic Development Dist. Mark Hodgins, Sam McLane, Assembly Reps. Assembly/Planning Cmsn. Task Force: Jim Skogstad Jack Brown Phil Nash The public is invited to attend and address committee meet- ings. Petitions received by the Clerk's office will not be dupli- ed in the packet, but will be available in the Clerk's Office ing regular office hours or at the Clerk's desk during As- ,mbly 14cetings, for review. KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING September 5, 1989; 7:30 p.m. SEWARD HIGH SCHOOL SEWARD, ALASKA - A G E N D A - A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Charles Fultz, Christian Church D. ROLL. CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: August 15, 1989 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, Vice Cho. Carey, Glick, O'Connell, Nash, walli) (b) Local Affairs/Legis. (Chm. Skogstad, vice Chm. Mullen, Glick, McGahan, O'Connell, Poin- dexter) (c) Public Works/Ed (Chm. McLane, Vice Chm. Moock Brown, Modgins, McGahan, Skogstad, Keene) H. REPORTS O! COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Appointment, Hope/Sunrise Planning Commission (b) Vacation of portion of section line easement within Lot 13, Block 4, Kasilof Alaska Subd., Section 36, T4N, R12W Seward Meridian, Alaska (c) Vacation of portion of Frontier Ave. Right- of-way and 10 foot utility easement, U.S.S. 1363 No. 3, Sec. 29 6 32, T5N, R3W, Seward Meridian Alaska (d) Res. 89-93 'Authorizing the Kenai Peninsula Borough to Act as Cognizant Agent for the Soldotne Senior Citizens in the Receipt of Grants from the State of Alaska and to Provide Technical Assistance to Meet Their Reporting and Compliance Requirements" (Mayor, Req. SSC) (e) Res. 89-94 'Awarding a Contract to South- central Title Agency for the Preparation of Litigation Reports on Foreclosed Real Property in the Kenai, Seward, and Anchorage Recording Districts" (Mayor) (f) Res- 99-95 'Authorizing the Mayor to Award an Engineering Design Contract for 0.9 Mile of Ciechanski Road* (Mayor) (9) Res- s9_9s "Awarding a Contract to Hutchings Chevrolet -Oldsmobile -Cadillac, Inc. for the Purchase of 1S.Vehicles for a Total Price of $2S7,272.42- (Mayor) (h) Rear 94-97 'Deleting a, General Maintenance Leader, Establishing a Locksmith, and Estab- lishing a Lead Addendum to a P -ic Job Description in the Romer Mainten, Shop' (Mayor) -. (i) Res. 89-98 'Authorizing the Mayor to Award a Water Monitoring/testing Contract for Solid Waste Facilities* (Mayor) R. ORDINANCE HEARING (a) Ord. 89-39 'Authorizing the Receipt of Various Grants from the State of Alaska and Appropriating $274,900 to the Project Ac- counts' (Mayor) (b) Ord. 89-41 'Delegating Authority from the Kenai Peninsula borough to the City of Sol- dotna to Make Land Use Plan Amendments to the Soldotne Comprehensive Plan' (Mayor, Req. Planning Cmsn.) (c) Ord. 29-42 -Providing Procedures for Appeal of the Decision of the Planning Commission Concerning Land Use' (Nash) (d) Ord. 89-45 'Appropriating $150,000 for Com- pliance with the Underground Storage Tank Program Requirements' (Mayor) L. INTRODUCTION OF ORDINANCES M. CONSIDERATION OF RESOLUTIONS (a) g$r,,, 99-99 'Amending the Allocation of Grant Funds Provided in Resolution B7-96 by Trans- ferring $13,811.30 from Skyline Drive to Ciechanski Road' (Mayor) (b) Res. 89-100 'Approving a Search and Rescue Mutual Aid Agreement Between the Alaska State Troopers and All Kenai Peninsula Borough Emergency Service Areas' (Mayor) (c) Res. 89-101 "Approving a Mutual Aid Agreement Between the Seward Fire Department and the Kenai Peninsula Borough on Behalf of the Bear Creek Fire Service Area' (Mayor) (d) Res. 89-102 'Urging the U. S. Senate Strike Subsection 536(h) from the Foreign Aid Bill Mandating U.S. Cargo Preference on Shipment of Goods by Countries Receiving Foreign Aid" (Hodgins/Sewall) N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 88-27 (Rev.) -Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, In- cineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commission" (Hash) REFERRED TO PLAN. CMSN./ASSM T.F. (b) Ord. 88-49 'Amending RFD Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Selection 20.20.035 Providing Access Requirements for Proposed Subdivision of Land Isolated by the Alaska Railroad Right -of -flay From the State Highway System- (Mayor) TABLED 7/10/89 (c) Ord. 89-37 'Amending KPB 14.06.050 to Allow Roads which Do Not Meet the Chapter 14.06 Road Standards to Be Accepted Onto the Serv- ice Area Road Maintenance Service Systems for Winter Maintenance only* (McGahan) HEAR 9/19 (d) Ord. 89-40 'Enacting a New Chapter 21.12 to Provide a Permit System for conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Or- dinances' (Mayor, Req. Task Force) HEAR 9/19 (e) Ord. 89-43 'Accepting and Appropriating a Grant from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program' (Mayor) HEAR 9/19 (f) Ord. 89-44 'Appropriating $45,000 for a Grant from the State of Alaska to Supplement Borough Funding for Local Senior Citizen Programs" (Mayor) HEAR 9/19 (g) Res. 89-73 'Accepting Transfer of Kachemak City Municipal Road Maintenance Powers for the South Kenai Peninsula Road Maintenance Service Area' (Mayor) POSTPONED TO 9/19 (h) Res. 89-35 'Declaring the Assembly of the Kenai Peninsula Borough Improperly Appor- tioned" (Carey) TABLED 4/4/89 O. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB- JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT (a) Notification of Declaration of Emergency: Flooding in Seward area R. OTHER BUSINESS (a) Resolutions adopted by the Railbelt Coalition subject to Assembly ratification: 1. "A Resolution Supporting the Reinstate- ment of Separate Accounting" 2. 'A Resolution Regarding Annexation Peti- tions" 3. "A Resolution Relating to Railroad Crossing' 4. 'Supporting Supplemental Legislative Ap- propriations to Abate Unanticipated funding Shortfalls in School Debt Reim- bursement for FY89 and FY90" 5. 'A Resolution Requesting the Creation of a State -Level Alaska Resource Commis- sion' S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (9/19/89) FIFO 9 CITY OF KENAI 210 FIDALGO KENAI, ALASKA "MIS TELEPHONE 262 - • CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR COMMITTEES AND COMMISSIONS APPOINTMENT TO NAME fp"x F . G.q s'tgr _ Resident of City of Kenai? Vcs How long? y yps " 6 fPv.Fawy "A.1A,". Ait; 01"f Mailing Address Pa,ecz 9so s,,xr1,,A4 el. Bus. Address Tel. Presently employed by.Lc�FeQ�F r�mFs Pizzs �w� Job Title Name of Spouse E - -- -- --- Current membership in•organizations: past organizationalmembership: Committees interested in: Sigiflature ` Thts,�ditlon 4A- Rey r' S YL r Y: YX,t � I' , UA . i1sOr�d b r' ii IA IslM .01 Ill fj��y Ma ,.gip uyllsi gill qW. ^l i INFO /a nllVllUldyly`, Hr% Permit No. 377 Mayor John J. Williams City of Kenai 210 Fidaloo Kenai, t( 9'3611 firmly to its resouram industries. Without resource development at least half of state's population would have to go somewhere else to live Editors Note: This special feature focuses on the economic value of Alaska's resources to the state"s economy. This article is ol°fiersd to help Alaskans and key poIioy makers recognize the Importance of resource dovefoament to the economy and their own livelihoods. wg )th its rich endowment of oil and ap, fish, minerals ;and forests, ska Is America's 'treasure chest of natural resources. Some of these re- sources are in the process of being devel- oped while others have been identified but are not currently under devel'pment. Oth- ers irsmain undiscovered in a state that has barely scratched the surface of its resource potential. As national and global consumption trends demand more resources; Alaska will play an important role in supplying a vital array of natural resources. And through the wise use and management of its resources, Alaska has the means to diversity its econ- omy 'and generate new wealth for its citi- 4ns and the nation while meeting global irkret demands. ',Resource exploration, extraction and processing have been at the heart of Alaska's economy since statehood. For decPdes, it had been recognized that the statWs future lies in sound resburoe devel- (cotntinuedl on page 4) Resource Sector Contributions To State Treasury $1.949.6 4y �- Y`w Fishing 1.54L Mining }k 1.4% ; .,�:. S345 t9erFrpOUtte 1."• �PA savor :Ii 1.4 - 0.4 revenues Gehe►al Fund f 8% 0!f1 and Gas Fish Timber Uflreetrtcted Timber kW Mining Revenues 0.4% $1,965.9 FY88 imlllions $) (millions)Total : $2,305.8 Resource Sector Source•. Alaska Department of Revenue Contribution \11i"w1ures 5.9 Revenue Sources, Spring 1989 �Thlf tabls each Industry's contribution to the state treasury through taxes and other fees. HoweverDO NOT reflect local taxes and each *actor's total economfo contribution to Afa'aka's econob% inn wages and selarlls, private sector contracts and general purchases are inut included Irllt�ls kotues. "If consider all casts and benefits, the t p yerjs getting his money's wo tih in thle Tnngass timber sale WO ��uMs... �-- =see page 7. Producers versus C-01FURAITNIM Critical issues confront Alaska For many reasons and especially because of the spill,1989 has been a rough year for the resource sectors. As Labor Day draws closer, each citizen is putting finishing touches on the summer none of us will forget. As we look ahead, it is easy to feel overcome by what battles producers of our society are facing. Nowhere is the war more daunting than in Washington, D.C.. The last ;tlurr mer of this decade leaves Alaska still firmly in thegrip of the► Illederal govern- ment on many issues critical to the engine which drives Alaska's economy — its resource industries. For example, much has been said about the ANWR being ,.on ice." It could be self-fulfilling prophecy if we all act that way and do nothing. Although it may be true that the pro -develop- ment side has been "seriously wounded and is bleeding heavily" in the wake of oil -spill madness, I can assure you the other side is moving full steam ahead to close ANW'dR forever as a Wilderness. Don't give up yet! The Tongass situation is worse than we imagined it could get. Congress is bending over backwards to make sure Alas- kans won't work in the largest national forest in the nation exactly at the same time the timber markets are rebounding for Alaska products. In trading commodities, timing is important, but supply is, even more crucial. Congress is making sure Al have neither. This year will mark the reauthorization of the Magnuson-"' Act, which created the 200-mile fishing zone. Will shore -base. preferences be given to processors so that Alaska can surge ahead in bringing the fleet to shore for value-added work? The battle for Alaska fisheries in the years ahead YAN be between Americans as Alaska seizes its rightful place in. harvesting and processing. On the international scene, will the high -seas interception be solved at the federal level? From another quarter comes a move to repeal the 1872 mining law. If successful, this could bring a halt to mining on federal'lar* that could*gmt Alaska even worse than all the lows) its flied by tea preservation groups. They are losing in the courts, so now they are booking to#ungge the law. Good tactic, wrong solution. Out of the closet is the dreaded "no net loss of wetlands" attempt. If this becomes legislation, Alaska can forget develop- ing on arming even loosely -defined as wet. It seems a crime to make Alaska pay for New Jersey developing its wetlands, but that is exactly what is in the making if this becomes national policy. Jwst think of Alaska as the nation's storehouse of wetlands, because everyone else will. Why us? Remember, 60% of Alaska lands are still retained by the federal government. It is a big tail wagging this dog. What can you do? Lots! For starts, you can support groups which are fighting the uphill battle for you — like RDC. At least you can help "level the playing field" by aW funding the other side. RDC is swimming upstream against a big current, but it L there to the bitter end. And just like the salmon which tries and tries until it dies, RDC will keep trying to bring sense to resource politics which affect Alaska. Americans must realize that we are producers, not just consumers. RDC is proud to be fighting for the producers. Stay with us because the next round will require all hands on deck! RDC Strategies t0A be reworked Organizations across Alaska are looking toward the 1990s as they plan for the state's economic future, and RDC is no different. RDC staff is currently organizing meetings for its resource experts to assist in updating its "New Strategies for Advancing Alaska`s Economy, 1966-1990." The new document will look at RDC's original goals and guidelines, and report on progress made since the first "'Strategies" book was released. More importantly, the new handbook will project into the 90s, outlining reasonable paths to economic and resource development. In addition to providing the private sector with a working blueprint for the coming decade, it is hoped the "Strategies" will be used widely during the important upcoming gubernatorial election, and other state races. To help in this task, locate your copy of the "Strategies" or contact RDC for copies of specific resource ;sections. Then, update the sections, add new proposals and turn in your suggestions to RDC staff at 807 G Street, Suite 200, Anchorage. Thanks for your help. i]i6ResourceDevplopmentCqunGl(RDC)isAlaskas Vice President !dot � �.�•�,.,', J�nFarceskie Resorrraatlsaiewistheofticialmon!hlypublication of .� ri t4refh tk Resource DaMelopment Council, Box 100516, A ' 009510-00712T6- M 11Df; IC rat:i9snuit .ttE' l5oi i�hio�s ' '7 G Stareeh Suite 200. Anchorage. tillaterfal in the publication be reprinted va out broad-t e0, a 7 Pr01�IClln r. L Gay permisabon pravlded approprlalle i g ' enhancing the atvlronment, : '` D credit s Ivan. .14 Spill prevention and response plan unveiled Oil -eating bacteria cleans beaches Alyeska Pipeline Service Company has unveiled what some consider as the most comprehensive plan of its kind in preventing catastrophic oil spills in the marine environment. The "Tanker Spill Prevention & Response Plan" will cost the company at least $45 million a year and assure a quick response to emergencies. "It's probably the first plan in the world that addresses a big spill," said Nick Mitchell, a BP official on loan to Alyeska. "We are doing something that is totally new - we had to look at it afresh.". However, Mitchell cautioned that it is not possible to guarantee response performance as called for in the plan because of a number of variables such as weather and sea conditions. New escort and emergency response vessels, as well as much of the spill containment gear highlighted in the plan, are on hand, deployed through Alyeska's interim plan. That plan was ordered by the state following the March 24 oil spill. The new plan specifically addresses a spill of the magnitude of the Good Friday incident in Prince William Sound'. It calls for oil spill 1 quipped vessels to never be more than a half -mile from a tanker. The vessels can tow a tanker in the event one becomes disabled. The plan includes an extensive inventory of booms., skimmers, lightering equipment and storage vessels, Alyeska has also under- taken to supply, in advance, the five fish hatcheries in Prince William Sound with booms for their protection. New elements included in Alyeska's plan are community re- sponse centers, the formation of a citizens advisory committee, the stockpiling Hof spill equipment at strategic points of the Soundand a new management structure designed to react quickly to a spill. Oil eaters offer best chance Meanwhile, the Environmental Protection Agency has given Exxon permission to spread a'fertilizer over mules of beaches in Prince William Sound to prompt natural ly-occurnngbacteria into an oil -eating frenzy. The fertilizer appears to offer the best chance for Prince William Sound beaches to recover relatively quickly from the spill. The fertilizer, Inipol EAP22, shortens the time required to grow large populations of naturally -occurring microbes that feast on hydrocarbons. The hydrocarbon -eating bacteria thrives naturally in the rain forests of, Southeast Alaska, feeding on large amounts of hydrocarbons released by conifers. The region's wet weather washes the hydrocarbonsinto the water, and coastal current carries them to Prince William Sound where they are consumed by more bacteria. The fertilizer fortifies the bacteria present in the Sound, allowing it to reproduce much faster. Tests have revealed that bacteria opulation on fertilized areas have exploded. What's more encour- -ging is that the bacteria appear to be working themselves down beneath the surface to get at oil below the gravel. The overall result is a dramatically clean beach in a relatively short period of time, according to scientists with the EPA. However, the microorganisms should not be viewed as a miracle clean up agent. scientists warn, since some of the most weathered oil will resist degradation. Thoughts i ° . trgm,i e .eWill Achieve Potential tial I am very pleased to serve as the new President of the Resource Development Council, an organization that my predeces- sors helped create in an effort to advance sensible development of Alaska's natural resources. As I look to the future of RDC, I salute our past leaders who established a firm foundation from which continuing work can be accomplished. Advancing resource development has never been easy or cheap. But the tragic accident on Bligh Reef has put new dimen- sions to the efforts to acquire approvals to explore and develop and to the cost of operating safely. Even so, the oil and gas industry is committed to Alaska, demonstrated by its substantial North Slope and Cook Inlet investments and its involvement in the communities in which its many employees live and their children attend school. As President, I intend to directly involve the Board of Directors and other members in RDC's effort to promote development of Alaska's oil, timber, fisheries, mining and tourism industries while protecting the environment. I recognize the value of individual par- ticipation in our efforts and intend to encourage more of it. Yes, we experienced a difficult setback recently and the oil industry has and will continue to re-evaluate and improve oil spill contingency criteria. But we need to get on with the important business facing our state. We need to create a business climate that will encourage continued development of our resources and attract other investors to do business here. Overall growth is currently dependent upon the stabilization of the oil industry, but we must not lose sight of the fact that if we do not encourage development in timber, fisheries, tourism and mining, and the flow of oil is cut off for any reason, the recession we have experienced in the last few years will seem like a thriving economy. With proper planning, reasonable policies and regulations, Alaska can transform its awesome potential into great wealth and independence. The year ahead promises to be an exciting one. I look forward to working with RDC and its members as we strive to achieve that potential. R©IC'S 1OTH ANNUAL CONFERENCE o1N ALASIKA'S RESOURCES Coming sooner than you expect! (Mark your calendar) November 29-30, 1989 Sheraton Anchorage Hotel Details coming soon to a mail box near you Alaska's. resource industries Key to economic prosperity (continued from cover) opment. The Alaska Constitution even acknowledges that fact and sets forth a policy calling for maximum use of its land and resources. The economic well-being of Alaska is so firmly tied to resource development and production that the livelihoods of most Alas- kans, in one way or another, depend on the utilization of the state's renewable and non- renewable resources. A recent editorial in the Anchorage Times pointed out that with- out resource development at least half of the state's population would have to go somewhere else to live. And the remaining people would experience a revolutionary change in their lifestyle. Revenues generated from the devel- opment of just one resource Itself, oil and gas, finances the vast majority of state government, fncluding general operations, payroll and services. Schools, public health care facilities, airports, highways, port facili- ties, fish and game programs and the state's environmental protection programs also receive a majority of their funds from reve- nues derived from development and sale of the states petroleum resources. ThrotAgh the wise and purposeful de- velopment of Alaska's abundant resources, Alaskans Cody enjoy the amenities of the 20th century. Resource development pro- vides economic stability, individual wealth, and personal opportunity for those who choose to live in America's last frontier. As a result, Alaskans enjoy the best of two world's -- the modern conveniences of the hi -tech gener*iibn in a bountiful land of wide-open wilderness, dazzling glaciers and blue -water fjords. Environmental Protection As does any activity associated with man, resource development in Alaska does make a visual and physical impression on the environment during the life of the proj- ect. But environmental protection is basic to Alaska development. It is not an optional expense, but is considered a cost of doing business in Alaska. Alaska Resource Sector ProcW+6t on Values 1988 bill Source: Alaska Department of Natural Resources, Alaska Department of Fish and Game. $1.7 f i billion � 4A Oil and Gas Fishing (well- head value) Mining Timber • Mining resource value not only includes production values, but expenditures for exploration and development efforts. Alaska industries are applying the lat- est environmental technology to their op- erations. As a result, Alaska's major indus- tries are continuing to improve their environ- mental records, building on past experi- ences here and elsewhere. In addition, strin- gent local, state and federal regulations have evolved to ensure that development takes place in harmony with the environ- ment. Major development projects may require permits from as many as nine envi- ronmental agencies. Some projects may require years to secure all the necessary permits. Extensive studies and monitoring op- erations are routinely required to determine the effects of development on natural re- sources. Effective mitigation measures are required by regulatory agencies charged with protecting the environment. Resource developers in Alaska recog- nize that the quality of the environment must be maintained. However, development must also be encouraged to assure economic prosperity. Only a strong economy can af- ford high -quality and high -cost environ- mental protection. The two go hand -in -hand and no place is it more obvious than in the 49th state — Alaska. Oil and Gas Oil production is the mainstay of Alaska's economy, accounting for 85% of the state government's total income and 95% of its tax revenues. In the private sector, oil and gas development contributes enormously to the economy through con- struction, purchasing, employment and other activity. Alaska North Slope oil production ha, also had a strong positive effect on U.S. oil production, thereby reducing imports and increasing the Gross National Product. North Slope oil fields account for approximately 25% of America's daily oil production. Economic Value • North Slope production reduced oil imports by more than $120 bil- lion through 1985. The total value of North Slope production, includ- ing future years, is far greater than this. On an annual basis, Alaska production displaces between $12 billion to $20 billion of imported oil. • The increase in Gross National Product directly related to Alaska oil production was about $30 bil- lion in 1980, and exceeded $19 billion in each year since 1980. Further, it is estimated that world oil prices were lowered by one to three dollars a barrel in the first half of the 1980s because of Alaska oil production. • The oil industry has invested ap- proximately $45 billion developing Alaska oil fields, boosting econo- mies in all 50 states. • Over 700 million barrels of oil were produced in Alaska in 1988 with a well -head value exceeding $7 bil- lion. • In 1987, Alaska oil production re- duced America's outlay for im- on expiloration, development and production figures, the value of Alaska's mining industry was $546 million in 1988. ported oil by more than $12 billion. Development of new oil prospects in the Alaska arctic has the poten- tial to reduce foreign trade defi- cits, too. Without continuing ex- ploration of Alaska's resource lands, oil imports will increase and trade deficits will rise. • In fiscal year 1988, the oil and gas industry paid the State of Alaska $816 million in severance taxes, $695 million in royalties, $158 million in corporate income taxes and $96 million in property taxes. Total taxes and royalties paid to the State of Alaska by the oil in- dustryin 119888were $1.765 billion. • Since 1900, the State of Alaska has received over $26 billion in taxes and royalties from oil. • Oyer 8,500Alaskans were directly employed) by the oil industry in 1988. • Earnings of the Permanent Fund totaled $437.7 million in fiscal year 1989. -Dividends paid to each Alaska resident in 1988 exceeded $826. As of April 30, 1989, the balance in the oil -financed Per- manent Fund was pegged at $10,069,831,000. Sources: American Petroleum Insti- tute, Alaska Division of Oil and Gas, DNR, Alaska Department of Labor { _Alaska Fish Alaska's vast and varied fisheries re- sources offer substantial development Opportunities to Alaska. I+lliore fish and shell- fish are harvested off Alaska's coast than in the rest of the United States combined„ and management of this resource is vitally im- portant to Alaska's economy. The potential for significant mariculture and seafarming development, combined with increasing demand for new, more value-added fish products, offers new economic growth and opportunities for Alaska. Economic Value: • The ex -vessel value for Alaska's seafood industry in 1988 was $1.7 billion, of which $740 million was in salmon harvests alone. Ground fish accounted for $670 million while shellfish contributed $237 million to the tally. The ex -vessel value of halibut was pegged at $75 million with herring harvests total- ing f million. Trsatlllionuatly, Alaska's seafood in- dustry,hao been one of the state's JorgW private sector employers, employing persons In manufactur- i�ng• ttoei tlparvices and transpor- telliglnt e00t*S., As many as 16,700 peoptis warp employed in seafood prooming during the 1988 peak seasonwhl104,200were employed during the Call season. The aver- age alnnualemployment level in sea' i l processing in 1988 was i 0 t* 7,8se employed iirr sea- food'processing 46.5% were non- residents. Over 30,0000 people were em- ployed as fah harvesters during the 111M68 pelt season. The aver- ae�flr Weil rapipyment figure for aildd Ovdioessi6ig' And harvest- ing ilrf hose :mats 15,600. The I ttei`industry seafood harvest in 19806 exceeded 5.1 billion pounds.'I!ni processing totaled 1.78 billion pounds with the bal- ance processed at sea or abroad. Sources: Alaska Department of Fish and Game, Alaska Department of Labor Minerals Hardrock minerals maywell be Alaska's greatest under resource. Of the 30 minerals the United States must now pur- chase abroad, 22 are found in Alaska. Many occur in commercial concentrations. With the development of major world - class mineiral deposits underway, the min- erals industry offers tremendous economic growth potential. However, about 60% of land in Alaska classified as mineral terrains is closed to exploration. Access to mineral deposits its also difficult given the lack of transportation systems and+the vast amounts of land withdrawn into conservation system units. In lands of high mineral potential that remain open, great difficulty is encountered in developing minerntl resources bepause of the land planning process and statutory and regulatory requirements. Economic Value • Based on exploration, develop- ment and production figures, the value of Alaska's minerals indus- try was $546 million in 1988, an increase of 72% over the previous - year. in addition, 4.900 people were directly employed by the industry in 1988. Much of this employment is in rural Alaska where jobs are most scarce. Sources: Alaska Division of Mining, DNR Forestry Alaska is a world -class timber resource. America's most northern state holds one of the largest untapped timber resource re- serves on the Pacific Rim. In fact, some 16% of the forested lands in the United States are located in Alaska. This encom- passes more than 28 million acres of poten- tially economically -productive woodlands offering a net volume stock of 49.4 billion cubic feet. As world consumption trends demand more forest products, Alaska will play an important role in supplying those products. With its ice -free ports and protected -waters, Alaska is an'ideal location for the export of forest products. Economic Value • The Alaska forest industry in 1988 was a $474 million business, em- ploying about 4,200 people directly and 7,560 indirectly. Direct timber industry payroll for 1988 excesded $149 million. Yet when compared to Alaska's wood products poten- tial, one could say Alaska's timber industry is a sleeping giant. With proper investment and application (continued on page 6) Resources d rive wcomy (continued from page 5) of modern, innovative management practices, the output of the forest industry could more than double within five years on less than 50% of the state's yearly sustainable yield of timber. Sources: Alaska Loggers Association, Alaska Division of Forestry, DNR Tourism The unparalleled natural beauty of the Great Land has long been one of Alaska's greatest resources, attracting hundreds of thousands of visitors to a subcontinent land where the scenery never stops. Visitor trends between 1985 and 1988 reveal a 141% increase in visitor arrivals, a 4.4%annual rateotgrowvth. Visitorvolume in the summer of 1980 was 536,000, up 2% from the peak year of 1986. Resident arri- vals, on the other hand, reflected economic and population trends and declined by 16% between 1985 and 1988. Resident arrivals to Alaska in 1988 amounted to 173,400. Visitors composed 76% of all incoming passenger traffic in 1988. Overall, total arri- vals rose nearly 5% in the past three years, due entirely to the influence of the visitor industry on the Alaska passenger transpor- tation industry. Economic Value Total instate expenditures attrib- uted to tourism in 1988 was $446 million with out of stale expendi- tures at $643.9 million for a net economic impact of $1.109 billion. It is estimated that 75% of all out of state exnditu res related to Alaska tourism have an impact on Alaska's economy. • In additim, there are 21,603 full- time equivalent jobs in Alaska cre- ated by tourism. Numbers vary greatly between the peak season in summer and the offseason in winter. Employment levels, how- ever, are not based on those posi- tions dependent solely on servic- ing visitors. Employment estimates include employees working in the hotel, food services and retail sec- tors that cater to a wider segment of the population. Sources:: Alaska Visitors Association, .Alaska Depaaadment of Labor Agriculture Alaska has the soil, climate and water rsourCesto become virtually self-sufficient In bW;,"pork, feed grain, dairy products and fresh v"etatbleas and to export a variety of 2uocukeal ccensrtt+radi% s as well; HotiN woer, the industry has yet to begin to raeialize''its potential. AJaskaa ailgr culture requires devel- oprrent of thall6islindustry system, Includ- ing prndtldtion, propsissing, transportation, By sails ciaoffi6sillon studies and blest estir"es, Aja0ah0 an agriculture land belssr in raari of -in million acres. out, ra climate, 1k.. tiador►s geographic loca- tions and com land uses are pro- 00ed, produc oon estimates can reasona- bly be made fmc as usoisll$+e agriculture land b"s 00 9 mil n ac*bf tiliaable snails, 0.8 rntllion acres of doc livestock range and 12-16 millian acres for reindeer graz- ing. Economic Value In 1988, Alaska's farm commodi- ties cash receipts totaled $28.9 million, more than double farm cash receipts logged for 1978. Well over 600 people were directly employed in the industry in 1988. 1988 crop and commodity values included: Milk $6.2 million Hay $3.4 million Potatoes $3.3 million Meat and by-products sales $1.4 mil.lion rrunion was in saimon narvests atone. Vegetables $817,000 Barley $775,000 Sources: Alaska Division of Agricul- ture, DNA Land Status Any discussion of Alaska's,resources artd theeasle's oconomicopportunities would be incomplete without an overview of land status. WVhiie Alaaskamay have barely scratched the surf** of its resource poten- tial, rr" future opportunities to expand and diversify then economy may be lost under relatively now government policies affecting laaaW use in general and federal Wildeirriessinpar ular.Thesepolicieshave led to the contiinuing withdrawal of giant amounts of lanai from many productive multiple uses,490Aig striking implications for resource development, utilities, local govenharraent and4vop recreation and tour- ism. Alaska is a public -owned state, less than one percent of the land mass is in private ownership. It is on Alaska's vast public lands where most future resource development will occur, yet much of this land has been isolated as islands in a sea of parks and refuges the size of some states. If Alaska is to enhance its competitive position in the world marketplace and diver- sify its economy, reasonable and economi— cal access must be provided to resource d, posits. Transportation systems within or across withdrawn lands, especially parks, monuments, preserves and refuges, are a key ingredient to keeping options open and meeting the needs of an uncertain future. Taxpayer getting money's worth out of Tongass timber sales Editor's Note: The U. S. House passed a bill last mortilt revising timber management operations in the Tongass National Forest. ft is unlikely that any Tongass timber reform legislation will appear in the Senate urfrlt the middle of September. Senators Frank Murkowskiand Tim Wirth areattompt- ing to come up with compromise laolslal'ion less restdolliva than tote Noun version. The two senators have yet to strike a compromise, but when they do, theirproposal wilt go to the Senate Energy and Natural Resources Sub- committee, then to the full committee before heading to the full Senate. ff passed by the Senate, the bill would be addressed by a conference commit- tee. As a result a final ending to the Tongass debate is unilliety Mfrs year. Legislation which recently passed the U.S. House concerning the Tongass National Forest will either immediately kill off the tim- ber industry dependent on the Tongass or at best leave it to do a lin- gering dearth. The intention of H.R. 987 is obvious. In this debate preceding the vote, those in :favor of drastic Tongass reform gave two basic reasons why H.H. 987 should be enacted. One wars the some old story about stoppi ft ialpe' alind "deforestation"oafthe'Tong s,diespitethefactthat�d�th.rdsailhe commercial timberland is WnAdy closed to lag . The otheir reason given fair radicalr orrn was to end a d The sale program, conttidercacl by sze to be.a waste ofta*oyers' dolors. 1n 19111 ,1he Forest $$grvuce received 87 coritsAilack for each dollar spent on timber sales In the Tongass. Duringpoor markets of earlier years, the lovernmerll 'received less, ono thoseearlier numbers are tf* ofts most oftein cited by dotractors. While. speaking In strong st�tpport of H.R. 987, Congressman Clarke from,h1orth Caurolina'said, "It's clear that the Tongass timber sale program is one, of the worst rases, probably the worst fmse, of below -lost tirooer Sales in the nation." Fortunleftly, Congressman Don Young hod this oportunity to remind W. Clarke that the ationall forest lin North garrolinasl ,returned only 57 cents back to the treasury for every dollar invested by taxpayers. According to Government Accounting Office and U.S, Forest Service nt kmbistns, there are % national forests which returned less to the 'Treasury per dollar for the national forest timber sales program last 04i than the Tongpss did. Included in this fist is the Chug%1v National Forest which returned 2;5 coft on every dollar. Fifty-four poircontofthe national forests had dehcittimberprograms in 1988, A co4pale of hundred hypocrites in the House supported H.R. 987 onthMlgroulnds of stopping the deficit timber sale program on the o foss. Sorb ell 1ng iswrong when over half of the national forests in this country appoer to lose, money selliin their timber resc iurce. A large partof the roll fliem ip a parolit-loss accbuntiry s� atom, similar to that used byl pr tialtate gauslhtess, being upser! far a govietrrftiiaent agency not fun like ia priuslte business. This sx*ounting system also fails to show all 11IMb4t0lated benefits, most of which are investments in the land erfd local economy. The 81 cents returned per dollar on the' Tongass is for actual receipts received. The Tongass timber sale program does not get credit for this ah nual $40 million in taxes, Social Soo^. and other payments to the federal government, plus jobs for thousands of Alaskans with a payroll of $118 mullion and a cumulative value to local, state and' federal economies of $486 million. There are also other benefits of harvesting timherwhich are not credited to the timber sale program. Besides logoing and supply use, the national forest road system is used by recreationlsts, wildlife enthusiasts, fishermen and hunters who never contribute to its construction or maintenance, These same Iggging roads Ore also .vital to the Forest Service for continuing management of thefarost, eluding future timber sales, fire suppression, fish and wildlife enhancement and campground establishment. Another issue where credit should be given the timber sale program is for silvicultural improvements which result from logging. Each year diseased and insect blighted timber are harvested"along with culls, snags, and other decaying low value trees. These old growth.stands are growing slowly or not at all, with rot, windthrow and disease taking more wood annually than is grown. The timber sale pirallfram creates vigorous young stands of trees that help balanoo ft annual net loss naturally occurring in the old growth. Those young stands also consume carbon dioxide and give off oxygen at six times the rate of an old growth stand of trees, as ropoWWin the July 1989 issue of Journal of ForloStry. Old growth fcanesta, 9ke the Tongass, that experience an arlinuai net loss of biomass volume are net sources of carbon. firklo d, what dollar value can be placed on a practice which helps corftbatthe greenhouse effect? If these and othervalues could be monetarily credited to the Tongass and other national forest timber sled programs, we would have few deficit sales and a more accurate representation of the worth of the timber sale program. 191:ft why is timber use expected to turn a net revenue when recreation, wukfemess, watershed, wildlife and fish uses del not? if maximizing net revenue on our national forests is a goal, as is implied by H.R. 987 and the accounting system used, then they should be managed solely for the highest revenue producing use. This happens to be wood production. Take away all of the harvesting, restrictions typical of multiple use management and a not profit could easily be made from timber sales. To gain the greatest efficiency and revenue, this would include a close integration, both economically and technically, between industry and timber supply. This is presently not done and helps contribute to inefficiency on the part of the Forest Service and industry. The purpose of our national forests, however, is not to make a profit. The Multiple Use -Sustained Yield Act of 1960 states that consideration is to be given to the relative values of various re- sources, "and not necessarily the combination of uses that will give the greatest dollar return..." If we consider all costs and benefits, the taxpayer is getting his money's worth in the Tongass timber sale program. The loggers pay for the wood they harvest and at the same time help create a healthier, more vigoraas forest. They also help create a healthier, more vigorous economy for us all. Steve Cortnelly works for Ketchikan Pulp Company in Thorne Bay. He is a former Intern of the Resource development Council. h4.6 r 0"ass resort advances 11111odifoieiw to amend the Hatcher pass Management Plan became final last month, allowing proposed recreational development in the area to �eKpand from a compact ski resort to a four -season international -scale destination resort proposed by Mitsui, Ltd. Lennie Giiorsuch, Commissioner of the Alaska Department of Natural Re- sources, descrtlled the plan amendment as necessary to ensure that an interna- tional Scale resort could be located at Hattcher Pass. The original plan as Adopted in 19186would have only allowed for a small, dompadt'ski area. Thee amendment opens the door to a larger facility capable of attracting the international visitor during aff four seasons. Mitsui was all* wtf d a state leaser in 1987 to develop a ski area on 3,440 acres. AA additionel 8,090 sows was included In the lease, although the addition could not be developed without an amendment to the management plan. RDC spent a considerable amount of time and effort reviewing the plan and Mitsui's nt proposal. RDC's Tourism Division Director, Don 'Follows, serves on thi�tiaens Advisory Board. RDC board members and staff attended numemifa Public hearings and Advisory Board meetings in a successfuil bid to 6ftouroge the needed amendment.. Commissioner Gorsuch's decision to amend the plan moves the project closer lo reaft. The Comimisasione!r noted that the state has "taken great pains to ensure that ft envIrommont of this special area is protected." Since 1916, Alaska has counted on steady growth — year after year. NBA for stability. As Alaska'sS of That tradition of strength and strongest and largest bank, NBA73 Yem stability continues today. has always provided sure and MEMBER FDIC Sure nd The bank with the strength to say yes. CHANGE ORDER SUMMARY Change Orders approved in ADDITIONS DEDUCTIONS previous months by Owner TOTAL Approved this Month / LA Number Date Approved �(- ; • TOTALS____._ ----- Net change by Change Orders PLICATION AND CERTIFICATE FOR PAYMENT A/A DOCUMENT G702 (Instructions on reverse side) PAGE ONE OF PACtS (OWNER): City of Kenai )M (CONTRACTOR): G & S Construction NTR.ACT FOR: Kenai A emod PROJECT: Airport Term n 61 emo*l VIA (ARCHITECT): William Kluge APPLICATION NO: PERIOD TO; ARCHITECT'S PROJECT NO: CONTRACT DATE: 12-14- 9Dis ribulion to: OWNER WARCHITECT W16ONTRACTOR CONTRACTOR'S APPLICATION FOR PAYMENT Contin'tTa° on s�&i,for Payment, as AIA Document G703, iss atttachedbelovv, in connection with the Contract. 2. ORIcG> A��ONTRACT SUM ...... S 697 700.00 Net ge by Change Orders ..................... S 3. CONTRACT SUM TO DATE (Line 1 ± 2) .............. $ ��1, S1 L - 4. TOTAL'COMPLETED & STORED TO DATE........ S ZS800 (Columrl\ on G703) 6 b ( �q 5. RETAINAGE: / a. _ % of Completed Work S 4A 8 `�1 ✓ (Column D + E on G703) b. — % of Stored Material S (Column F on G703) Total Retainage (Line 5a + 5b or ✓ Total in Column 1 of G703) ......... ............ $ 4 112, L-L"% � — 6. TOTAL EARNED LESS RETAINAGE ................... $ s���"— $r3% The undersigned Contractor certifies that to the best of the Contractor's knoxti•Ied^e(Line 4 less Line 5 Total) V Y (-V , i information and belief the Work covered by this Application for Payment has been %• LESS PREVIOUS CERTIFICATES F4'` L completed in accordance with the Contract Documents, that all amounts have b� - PAYMENT (Line 6 from pridr ertificate) ......... S � t '-k paid by the Contractor for Work for which previous Certificates for Payment %Rre "$,CURRENT PAYMENT DUE .. .. � 3 f� �Q.. S z" --1�5. issued and payments received from the Owner, and that current payment shown 9, BALANCE TO FINISH, PLUS TAINAGE .......... .. S Z�1 \moo herein is now due. (Line 3 less Line 6) pk c°9L} G & S Construction R. Dan�.51 Green o',rner By: fk) pi-11 r_ DaIc: -a Z - :�z 1 State of: County of: Subscribed and sworn to before me this Nolar} I'ublic: My Commission expires: day of '19 AMOUNT CERTIFIED ..............:.................. $ 1�� �� ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if amount certified differs from the amount app ied for.) In accordance with the Contract Documents, based on on -site observations and the ARCHITECT- Wi 11 i am K1 uge data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as By: Date: l U indicated, the quality of the Work is in accordance with the Contract Documents, and This Certificate is not gotiabte. The AMOUNT CERTIFIED is payable only to the the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 - APPLICATION AND t.ERTIFICATE FOR PAYMENT - MAY 1983 EDITION - AIA• - t 1983 . �v 1HE .w AMIRICAN INSTIME OF ARCHITECTS, 1715 NEW 1ORK AVENUt. N., WASHINGION, -'' 2UM �� > - G702.1933 1----------------------------- _ ------- ? ---------------- 4 6 12 2 PRO?ECT NAME: RENOVATION OF KENAI _ AIRPORT TERMINAL ----- _---------- REQUEST Y ------------- 9 -------------------- DATE: c-28-89 ------ ------ ?----------------- ------------------------- ------------- --- ----- ---_--- --------- -.---------------------------- -------- icwDULED PRE'Vim THIS STORED COMPLETE PERCENT BALANCE TO 10% 5 DiSCRIFTION OF WORK VALE APPLICATIONS PERIOD MATERIALS TO DATE COMPLETE FINISH RETAINAGE e------------------------------ --- ---------- --..___-_-_.. ------ -___--- ----------------------------------- -------- --------- 7 01 BONDS. INSURANCE. PERMITS 115.162 $15.162 '' $0 $0 $15.162 100% fO t1.51^ MOBILIZATION Q.5u0 12.500'" 10 t0 12.500 Io% 10 1250 9 RENTAL EQUIPMENT 13.5�0 $3, D00 10 $O t3.O00 • 86% t500 1300 10 DEMOBILIZATION 8 CLEAN UP 11.000 SO.- 10 f0 to- 0% 11.1100 10 11 02 DEMOLITION t39.500 137.,SM - $2.000 $0 $39.500 100% t0 $3,750 12 EXCAVATION $9.250 18.250- 10 10 $8.250- 29% 11.000 1S25 13 03 CONCRETE 115.250 $15.000-- 1250 $0 $15.250- !ON f0 $1.5X, 14 05 STRUCTUFAL STEEL 144.396 $38.201 $6.195 $0 144,3% - 100% 10 13.12D 15 06 ROUGH CARPENTRY 132.046 $30.046-' $2.NO 10 132.046- 100% t0 $2.850 16 FINISH CARPENTRY $20.050 11.OM t9.ODO 10 $10.000 -- 50% 110.050 t100 17 07 INSULATION $1,716 $1.716 10 f0 $1.716 - 100% $0 1130 13 SIDING 114.200 10 SO t0 10 - 0% t14.200 t0 19 ROOFING, $33.50 $20.000 r 10 $0 $20.000 -- 60% t13.54o t2.001 20 08 HOLLOW METAL $2.739 12.739 - $0 t0 S2.739- IN% $0 i2'4 21 FINISH HARDWARE 11.213 11.213-- 10 iG 11.113-' 1.0% t0 $80 WOOD DOORS 13.123 $0- $3.123 t0 $3,128 100% f0 $0 23 ALUMINUM WINDOWS t54.042 $33.125 SO 10 03.125 - 61% $20.917 f2.010D 4 GLAZING 147.258 $O -1 $15.000 $0 $15.000 32% 132.253 fD 25 09 DRYWALL 19.100 t3.500 - $5.000 $0 SE.500 -' 93% 1600, f350 26 INTERGRATED CEILING 122.125 $0 - $0 $14.113 $14.313 " 67% $7.312 10 27 CARPET 116.160 t0 10 $10.003 $10.000 - 62t S6.160 f 23 VINYL t3. i0a $0 - $0 $O t0 - Ox 13.808 t0 29 CERAMIC $6.797 10 - SO $1.940 $1.940 -- 29% S4.857 $0 30 PAINTING AND TAPING $14.910 10 - 110.000 10 110.000 - 67% 14.910 10 31 10 FIRE EXT. f1:5 t185 -1 SO $0 $185 - 100% $0 S19 32 ALUMINUM RAILINGS 12.040 10 -- f0 SO 10 - 0% 12.040 10 33 TELEPHONE ENCLOSURES t1.420 $0 - $984 tD $984 - 69% $436 $0 34 TOILET ACCESSORIES 1 420� �. 20 10 $0 $1.420 - 100% 10 1142 35 SIow W�cs 1�� � $1.300 10 10 t0 10 - Ot $1.800 10 36 11 MUIPMENT 1� 1' $10.270 1264- 13. Coo $1.208 $4.472 - "% $5.798 10 37 12 WINI N TREATMENT tL $1.359 10 tO 10 10 - 0% $1.359 $0 38 14 ELEVATOR 139.340 131. 865 - 17.000 10 t38.365 - 98% $975 13,187 39 IS PLUMBING ROUGH 127.056 $27. 066 - 10 10 $27.086 100% f0 $2.709 40 PLUMBING FINISH 517.000 $8.360 - 10 t0 $8.860 52% $8,140 1266 41 SPRINKLE ENGINEERING $2.400 12.400 - 10 $0 12.400 100% $0 1240 42 SPRINKLE MATERIAL FAB. $12.400 17.400 - t0 $0 17.400 - 60% $5.000 $340 43 SPRINKLE FIELD LABOR $9,100 t7.30O - 10 10 17.3DO - 80% $1.800 $620 4t CONTROLS ROUGH 110.900 $8.240 t0 t0 $8. 240 -' 76% $2.660 1479 45 CONTROLS FINISH $I.090 t0 - $0 SO $0 - nQ% 11.090 t0 46 • BALANCE $3. 270 t0 10 10 $0 - 0% $3.270 SO 47 HVAC ROUGH IN 142.074 $34.701 - 10 10 $34.701 - 82% $7.373 $3.470 48 HVAC FINISH 110.130 to -' 10 10 f0 - 0% 110.180 $0 49 16 ELECTRICAL ROUGH IN 137.060 130. D00 $0 10 130.000 - all 17. D60 $3.000 50 ELECTRICAL FINISH $11.536 10 10 10 10 - 0% $18.530 1Q 51 FIXTURES $34.830 $32.703 fD 10 $32.703 94% 12.177 $3.270 52 53 ORIGINAL CONTRACT AMOUNT 1697.700 ✓ $405.376 163.557 127. %1 $4%.a94 71% 1200.806 136,737 54 x�sxxx-a.xacsaaccxssassa:aaaxcxss.smsaxaaae�sxxsxccx:xxssr-z _aaxaaxassxax:axaxmaxaaxsz:zsxxassxsx:xx»s:xzz:xxxsx r� 4L S!1 55 �.., 56 57 56 59 60 6'. 62 63 64 65 b6 67 as 69 70 71 CHANGE ORDERS 11 12 13 14 15 46 17 1? 19 TOTAL CHANGE ORDERS 10 $2,134 $1.907 $154 $295 _ 1391 So $129 t0 to $5.060 ------------------------- TOTAL INCLUDING CHANGES 1797.576 $455.979 te1.4B't' $42.575 1580.436 73% 1217.140 141.847 LESS RETENTIONS t0 141.247 LESS PREVIOUS PAYMENTS $414.134 c=_zxsaaszaaazz_ sazss azszss--zs-zzasr_saszr:zzs r_sassr_z-zzsaazassxzszazz----»zr_zaxssa �sY sssa AMOUNT REQUESTED BY CONTRACTOR ftft.05- 121.340 - 121.340 ' 10 $O 121.340 - IO0% SO 126.572 - S19.072 to 10 $19.072e - 72t $7.500 11. 543 - 11. 543 - SO SO S1. 543 - 00% $O $2.952 - $2.952 - $0 SO $2.952 - loot SO 122.633 - 33.908 - 118.000 10 S21.X133 97% 1725 120.259 -' SO - $0 t14.614 $14.614 721 $5.645 11.288 - $1.288 - t0 $O $1.253 lO0% t0 $2.464 to ' to $O 11, - 0% $2.464 $325 $O $325 SO 1325 - 100% $O t99.06 $50.603 $18.325 $14.614 S83.5422 84% $16.334 INVOICE CEILING & INTERIOR SYSTEMS SUPPLY, INC. SEAr TLE MnEl 4OUSE: f191AND(NFnPARK WEST * SEArtLF,WA9818e 0 (200)875-0801 9 FAX ;)08.57r,.IJ#34() srOK Nj!V*11V?0U1,qEi E.51OMFWAVE. 4 9F1OKAHE,VVA902t0 0 ($00)141-2000 0 FAX600-4r3-3-875() "loll onll.A t I I Im"I lift m" P NO WARE! 101J$(*.� 3300H.W.431)APYI 9 P0F1tLAN0,0nQT210 a (503)223-93le 0 FAX MII$" 111"Ift" MEOFOMmnemuse MONARREGANST. 6 N1ECF0RD,0nV601 KENINEWC9 WAMIOLME: 723 WDESCHUTES It VENNENCK. WA 99:33ps 15001 592-05ol 1308E 130 HOOT) COLE ROAD At 80I9E.ID83704 s f20R)3??-24o1 f— F- 3 Wilson and Lewis Kenai Airport Job 0 Box 3699 Soldotna, AK 99669 T cl 0 0 8136 8-25-89 2t10thlfelt 30th 3W 16 2 0 5/23/8q John Wilson Ai.t. Frt I Ken,ai KR I Wilson Charloud /22/89 10 2 #58-01-002 811-2 Slot Air Diffuser 10 EA 56.00 560.0 .., ........ 14106ti 1 0, . .....a "4,U ► � o �5 b 0-1 (A k' a,0 612 r,b I " t:; "o,I 84 4 458-01-007 Alcan Ceiling Carrier 2" 1006 LF .93 937.44 252 04 rrpg "I 'i. k► .,:, �� I "' -1, "* , ,. "' 1 2 4 ;44 be, OR , I • $oo 6 #58-01-000048 Alcan Panel Splice 500 EA .98 490.00 1250 0 a A 3 2 0 r,1 5 14;4. 14 • " :T-17 71 7t!1'j7' V. 1+v YG.All PLEASE PAY BY INVOICE 2% MM MONT" WILL BE Cf-=0 ON ALL PAST DUE ACCOUNTS, On MAX PERMITTED BY LAW, NO m=fttsE m j s APE v A 4ou r AUTHO"ZAnON ftWN rH13 OFFICE. A 20% HAPAX,,M 01 VWIL ISE APPLIED, CLA** F R RP T E L I -Jig . 12,n6 _ -1 964 OUR NEW ADDRESS AS OF 8-14-89: ARCHITECTURAL SPECIALTIES & PRODUC UPS only to: 1735 89'h Pl. NE. All mail to: P O Box. 3742 Bellevue, WA 98009 (206) 728-8696 fax 454-5453 8-23-89 INVOICE 7438 G & S Construction P 0 Box 1493 Soldotna, AK 99669 PROJECT: Kenai Airport Terminal Materials: (1) Telephone Enclosure by Redy-Ref Pressed & Welded with directory shelf Amount of purchase $2,592.00 percent complete 100% less paid 1,607.04 BALANCE DUE $984,96 $9,34.96 PLEASE REMIT THANK YOU for your patronage. Please call or fax if there is any problem with the material or its delivery. Respectfully yours, A.S.A.P. Tracy Vachal WWWRINInke Cascade Ck!'.sT17;-M I-. ci T tOr' DES 01 NO. t 0 17 1 f *6;;: 1 4 4 6 o I I I--] ERMS.- D FE S C P. i : v -44T l ft_17 T T CUSTOMER NO. PFi I I / I I I Y i4 Service Charge on past due balance is computed on daily basis at the rate of 18% per annurn. S 0 L D T 0 Ell LL!%It xj 0 T A L AM 10, U NTT t4AIL PAYMENT TO; ri­r r ALASKA FLOR - WALL, INC. OlsrwuTof;s SM Uff WMW-MM AVE- ANCHORAGE, ALASKA 99501 DATEOFORDER VOURORDER NUMBER OUAGROERNUMBER PENINCWLA FLOORING CL`!T;7-Ls t1472 KE14AE SPUR Hl.,-.4HVAV KENAI Aimc. 99511 Pi CNIE INVOICE 7i U 272-3030 NVOICE DATE DATE SH I P P E 0 SPFCAL C U i,, rT _T 3 is 4 1 L 2 FL)`. f:j--F'-"J-jT rfF 1 VD I IF 'DAIC) -.44 7� J -r 1!: R W "ICE �'` ,,i „� 0M, 2 is 11472 kf-,.tj::q T XEN41 9611 0 CARrEr J':ARXA STPEi:-T YSTH TAC('JiMA Wi'# 0 MAM cltlq',. -PAID SHIMED VIA COAST", Y) VARL) (A 'Ey 10 -o rr 1, PE 3 't 0 co 'I :L GkEY i3 1'k PE rV 0 isioB j 33. 331 1 Z* ZY E S TRIF-F. 3AA16 I't Z.X GRFY "S' rR, AA6 A i t33.33 20,22 01611A ZX' A Al 6 t tt 12 3 +ram'AXX tk�7-Y �jl fr, pr, 14 -5 1 2A 202. 1116 PPICEY 7, T!, I Pt� JA Z"'AAC 199 ifRKY STRIPE CREY VJ�RrPC -6() IMR GO Y I D tit, Ir 16 1 Uzi 3ss6j.j' le-0 01614JB Oi-614A M07.4.7 -AL WE IGHT 7. 24:6 Lt,9 ':-IGHT MZPAX;D"Fa BE:y L F3709Z INVOXCEL TOTAL I cow]NUINC, CUARXWVI-'1UER ME TFX'Ml,I,'FIBjtE pRoj)jjV ....... 1FICATION.Acr t,;Lm wim THE FEDERAL TR-kDE: COMMIsslim No I)ISC(JL Nr 0.*j FReIGHT. PRIYEStWJMJXT TO LHANCE w17HoCrr NOTICE. NO A� I F114&C"ND'SC IS ACCEPTABLE FOR RETURN UNLESS AUTHOR17ED 1,14 WRITINC WES ALL CLUM RIGHTS IF CUTTING OR 'NSTAUAInON IS MAM ON GC1006 WITH Vl,,WBU MFgM •Oft DA!WE IN TI 9 Z.; Y 153919 539,91 2, 9 <: 2 agf3-. 5 22,630. 1, Io 1'?5 4 wig; , " , .13 1 . 'Eii g L*_Atii IT, EP ,i 0 RO``wSSa�VILLE* CALIFU 4. A �r y Yu DEFT i D I..3 ,� PL► BOX 61000* SFY CA 94161 01119I€ 9 4-5�5: PENINSUTA F/C 1 r W�: G A - I, : 9 ,'.z t t e 4! T' u' C/O O. EAN � RM iNA INC A i AK. 99611 r-- 252+; E 96TH ST v 'EATT _f_ WA 98 SEAx�LE 24 ULEAN bE : INAI. tNr' 304 f�3?�94 D'EId "Q519t5' 9(�4 07lY/89 I34'- SU3jECT T C P , CCUCT CF " MCNTH DISCOUNT r A M OFU *� 3 STO 220.0 SF ' 4 1/4- PLN '346 _ �— ;:_DMI :s? 1.85 ` t1 �'+QI.�fl': STD ' 160.0 : PUCS A34UI 0 4 V sl i4-fy1ajT .74 118.40 -' Ifl 14O.0 SE I` s— 2:;{i VASTER SET 2.156 358.40 STD 32 0 F 6X6X I/2 CF N46 2.22 710.40 SHA&CrW GRAY ST?, 130.0 FCS Q3565k! Il46 S'HAV,V4 ;=RA4r I. 04 135.20 `y .73 4.0 PC,S QiC.U--356::U N46 SHAC)C.:k GR,Ay 1.84 7.36 - ID 4*0 ' . 18-35�55:: 1k46 S'IAV 0, � GRAY 1.84 i.36 . s G I M.? Aj 17OO 31/2 GAL 33.90 i 77.80 1.0 ; 4113- JAO,6000 Al-K 3 GAL 77.70 ; . c 4,921 10 ` GRT /,LiMND 8*35 —2 33.410 J i r � b E SERVICE FEE � '.00 4, �� 1s940.©2 4 ERE AMER ICAN CLEAN TILE CO. r DEPT NO 1336s PC BOX 61000v SFr CA 94161 M69-446608 PENINSULA FLUGRilNG C7� 6809,ft 24-51905 •07/19/89 199 40. 02 IF PAID BEFORE_ 08/03/89 DEDUCT 19.33 JAL PAY ESTIMATE — P A' Y T I M A i8 CITY OF KENAI Linwood, Candlelight, Kaknu, Lawton Project Baker & Kiana Street Improvements - 1988• Contractor Quality Asphalt Paving O O 0 0 0 0 G 11 Address 4025 Rasberry 9 �4'f'b i�/ �� G ?A, ca@ ✓ 6A,8 Anchorage, AK 99502 Project No. LACK — Phase II Phone 243-2212 Period From 8/8/89 to 8/G8/89 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Original contract amount $ 391, 725.50 Net change by change orders Adjusted contract amount to date —0— $ 391,725.50 ANALYSIS OF WORK COMPLETED Original contract work completed 368,529.00 ✓ Additions from change orders completed —0— Materials stored at close of period Total earncd 0 +O5 +Q = Less retainage of 2. percent Total earned less retainagc(2)- 3 = Less ,amount of previous payments Balance due this payment —0— , 368,529.00 3-7 0 55 ---*2 3('0t) 1SIB. 4Z- 358 855.42 -1 oe 69Q -�,37,,so,y09r Page L7 of 6_ PAY ESTIMATE NO: { CERTIFICATION OF CONTRACTOR— AccoMing to the best of my knowledge and belief. I certify that all items and amounts shown on the face of this Periodic Estimate for Partial Payment are caxtact; that all work has been performed and:or material supplied in full secardance with the requiremttnts Of the referenced Contract. and .ar dots authorized deviations. st►bstitutiatts, altdtatittnsr'and/or sd#itia�rsi tbsA(t ;be font trrntt ttp .a trite sop correct sto+.em a e thtr contract account up eta and inClualnf tl-4 16#9 dais of tbe'Period tanereo by shU eritadic Estinweet that na part of the "Balance fyur'T'bis Payment" has ittr!'n rectrivotd,, asttl 1 rite andetsi;ned and iris subiontrtctorrs l+aett-j'Choock srrprrrabe. t►n) a. Complied with all the labor provisions of said contract. b. Complied with all the labor provisions of said contract except in those instances whtre an honest dispute exists with re- s}•cct to said IJbar prcl•i$ians. (it fb) is checked, describe hrietrp nature of dispute.) )TjaT,TTy AEMRALT PAVING, INC. By �, "t (Cunuaetort (Sitnatuse of Auth bed (tepreseetatet•e•r Au' ust 9 , 19 _ Title _ Project SUperj nttznri -n-f- CERTIFICATION OF ARCHITECT OR ENGINEER 1 ecttify that 1 have chrckrd and et:rificJ the shove anJ tortrcuinc i'rtiolic rstirntte tut Partial P.tt•mettt: that to the hest of my knowic:IRc anJ'belief it is a true anJ correct atatcmunt ut w•txk frrit•rrnvj snJ%nr-mbts•ria'i .tupplicj by he cantrsctan: that oil w.trk bnJ.•td notarial ittaludt:J in thi% I't•ruldic FttimAl hue hei•n in%pected by me .traJ or by my duty ,tuthutm.rd rchrexcntsrtarr or triRttmt..twai drat it h.r% been prrturmcJ .t►►J 'or 1 t rriirJ in tu11 a.t ur.l.tnce with requirerrta:nts ui the refrrt•nuc cuntr,lct. snJ tb.tt p..tttu,tl;ayravat clsimed .tnJ rcqucstcJ by the ctintractur is cutrkctly computed on the brnis or work pvtrurmeJ anJ.'a+r maty- ri.tl .urlolow,l to .Farr.! __VK iiKncJ tArrhetrct nr a•nKinrrr) Date r : PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER ' Cheak reps of rret•etrrrr semi►red: r �l hsra rirrcic.l thi. C tun.ttr a..rintit the cuarra;t.r'. St hrtlulr of Ar.:.rtrrtr, for C.Artract 1"It- enra, the Motc..ttt: repa•rt% et in • tn�lr:tntn+ t•t t.:r pr.•ieat, .ut.t t!tc Iarta.ii. tc{'.•rt• .uE•nutte•i I- the J-111 ce't ettctnt•Cr. 1t I% ntt• bhtrtton that the .tatvnt•". r+t �.rr Cth+rn.rt an: t•r matC.t.tis -u(I ltv.: i a::ut.tic, t:t.tt Use .etrtr,tatot is oil.: eha• tcyurtCntrnt.a of tilt raottza, and thAt'Otr Ca•ntra.•tur %houl•I Fr inc aau.trnt tC.(ua•ard .t:•.rCc. -.r f .t tti:t u..0 .i.i .a.•p:..on.i t•r a:.ttrrtal, un.ta: err a.•ntta.I ::.r. *.' nt .l•. �tt•j t•% tna• .Ut-- that it it,t. !•ern (•ttt••ttncd .tn,i �it4J to toilomit tit. (equtrcmrut...t (lit:atruta::. h tt^ sera t•.nvtnrrrt 1041r1 , L .rm r..; t.nl Carr r. Oltrt PAY ESTIMATE N 0 : 6 page -3 of 6 Linwood, Candlelight-, Kaknu, Lawton Project Baker & Kiona Street Improvements - 1988 Item 110. Item Description Original Contract Amount Total to Date Quantity and Unit Unit Bid Price Unit- Total Cost Quantity Amount 20t I Useable Excavation 230 CY 4.00 920.00 485 1 40 / ZOZ !!Useable Excavation 795 CY' 4.00 3180.00 345 1,380 203 Type I Classified and Backf• ill 2825 Ton 8.00 22600. 00 705 5,640 ✓ J 204 Leveling Course '(2") 33460 SY 1.00 33460.00 34,714 34,714 ✓ 205 Remove existing pavement 100 SY 5.00 500.00 127 635 401 A.C. Pavement (Type 11) 32250 SY 1 4.50 145125.00 1 32,700 1477150 � 501 Furnish and install 2 CMP 16 GA. 60 LF 24.00 1440.00 76 11824 ✓ 502 Furnish and install 5 CMP 16 GA. 312 LF 25.00 7800. 00 386 91650 ,✓ (' '3 Furnish and install 8 CMP 16 GA. 56 LF I 50.00 2800.00 56 2,800 Obi Sanitary Sewer Service (411) 23 Ea. 1000.00 23000.00 18 18,000 ✓ 701 Adjust manhole cone to finish grade Z1 Ea. 300.00 6300.00 22 6 600 702 Adjust manhole ring Co finish grade 21 Ca. 300.00 630q.00 23 67900 ✓; 703 Adjust valve box to finish grade 21 Ea. ` 200.00 4200.00 23 41 600 ,ft 704 Topsoil - Contractor, f urnisht d 1000 13 200.00 I 2600.00 18.3 3, 660 ✓1 705(a Seeding 30 1000 SF 60.00 1800.00 30 11800 705(61 Maintenance watering 14 MG 50.00 700.00 11 550 706 Pipe insulation 2720 BF 1.00 2720.00 ' 21752 2, 752 901 Subgrade preparation 9739 LF 3.00 29217.00 10,028 30, 084 902 Miscellaneous grading CS �CS 1000.00 -0- -0- 903 Water service (3/411). 21 Ca. 1000.00 21000.00 , 16 161000 904 Pave approach 78 Ea. I 150.00 11700.00 82 12,300 Construct & Pave approach 14 Ea. I 400.00 5600.00 15 67000 906 Remove an ispose existing pipe 317 LF 5.00 1585.00 .388 11940 907 Remove & reinstall sign 2 Ea. 200.00 400.00 2 _ 400 In 335947.00 - l317,319 1 .t.- iotal Amount for "I•Als rage I k I I 'PAY ESTIMATE N0 6 Page 4 of 6 Linwood, Candlelight, Kaknu, Lawton Project Baker & Kiana Street Improvements - 1988 Item No. Item Description Original Contract Amount Total to Date Quantity Amoun Quantity and Unit Unit Bid Price Total Unit Cost 908 Remove & reinstall -structure 1 Ea. 500.00 500.00 1 500 909 Existing utilities in construction zone 1 LS 500.00 500.00 1 00� 500 TOTAL BASIC BID 336947.00 31 8,31S ALTERNATE A: 203 Type I Classified Fill and Backfill 200 Ton I 8.00 1600.00 —G— —G— 4 Leveling Course (211) 5520 SY 1.00 5520.00 5,597 5,597 401 A.C. Pavement (Type II) 5271 SY 4.50 23719.50 51374 2471- 3 503 Sanitary Sewer service (4") 5 Ea. ` 1000.00 5000.00 3 3,Ov J 701 Adjust manhole cone to finish grade 4 Ea. 300.00 1200.00 5 19500 702 Adjust manhole ring to finish grade 3 Ea. 300.00 900.00 4 11 200 703 Adjust valve box to finish' rade 2 Ea. 200.00 400.00 3 600 901 Subgrade preparation 2063 LF 3.00 6189.00 29010 6,030 Z Miscellaneous radiri • CS CS 500.00 40i 200 903 Water service (3/4") 5 Ea. 1000.00 5000.00 3 3,000 , 904 y Pave approach 25 Ea. 150.00 3750.00 26 37900. 909 Existing utilities in 00 1000.00 100- 11000 - TOTAL ALTERNATE A 54778. 50 501214 i j I I I f /qq` SIB?/a . Total A.......-- r_ .... . — V+A PAY ESTIMATE N0: 6 Project LACK — Phase II Page 5 of 6 SCHEDULE Of CONTRACT CHANGE ORDERS (C.0.) List ecenv vit.tn►c wJer in-urJ tv Jam tot tioi% Sequent even It nv orris it.1% aCen At•ne vtnecr tone Pr Rltore nueh (orders. AOOITIONS TO ORIGINAL CONTRACT PRICE OEDUCTIONS FROM CONTRACT PRICE AS SHOO" 04 CHANGE OROEMS (c) CJNTRACT CHANGE ORCER DESCRIPTION I TOTAL COST OF ITEMSAOOEO 9qVR CHANGE O!iOER (a) CCST CF CHAIIAE ORCER ITEMS CO-APIETEO TOA) E ( - U No. OArC t TOTm,s 5 Approved Total Cost of Chanoc Orders (C.O.) (a) —0— Deductions from Contract (c) —0— Net Chawn c From C.U. U2 —0— Change Orders that reduce the contract, Column (c), should reduce the -Total to Date Column for that item affected. PAY ESTIMATE N0Page 6 of 6 Project LAO= — Phase II SCHEDULE Or ,t,\TE-RIALS STORED AT CLOSE OF THIS PERIOD (Attach a detailed schedule including quantities for each item) .attach ment Item No. Invoice No. Invoice Date Material Description (Vendor, Freight, etc.) Amount A i I I ex SNFp 13 00 pq PAY '. E tMATE N 0 : __,zl_ CITY OF KENAI Proj ect VIP Subdivision Street Improvements Contractor ?i 41 loy's Trucking . ,.... �..r,..Apr,•;,,.ar....wm�vaarrio�,.,.., Address PO Box 672 —s-oldotna, AK 99669 Project No. Phone 26.2-9140 Period From ul �� to ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE Ol Original contract amount $ 497490.25 ✓ O2 Net change by change orders O3Adjusted contract amount to date y9� yy0. ANALYSIS OF WORK COMPLETED ® Original contract work completed 27,,?. 0S7 f �` ✓ �5 Additions from change orders completed �D © Materials stored at close of period �D - O7 Total earned 40+05 +G6 = (� y �7�. of '7 °-� ✓ ® Less retainage of percent OTotal earned less retainageO7-O=�2gllt'-I,y9 4-4 0 Less amount of previous payments �►�( � j� � ✓ ,� 11 Balance due this payment 177 3Yy,33 �f �, oK �qQ �' `f 0, 5-0 , Y-0 9 r PAY ESTIMATE M0: '2--" Page Of t� CERTIFICATION OF CONTRACTOR` According to the best of my knowledge and belief, 1 certify chat all items and amounts shown an the face of this Periodic Estimate fat Partial Payment are correct, that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Cuntratt, anal%or duly authorized deviations, substitutions, alterations, and/or additions; that the foreSolalt is a true and correct scateracat of the contract account up to and including the fast day of lbo period t9#,ored by this Periodic Estimate; that no pact of the "Balance Dwe This Payment's has been received, and that the undersigned and his subcontractors have -(Cheek arrNe�7plicd ) a. with all the labor provisions of said contract. b. C Complied with all the labor provisions of said contract except in those instances where an honest dispute exists with re- spect to said labor provisions. (11 (b) is checked, describe Driel/y nature of dispute.) (Cuntract4 (Stimat%re of uthora:ed Representative, . 19 o j Title _ CERTIFICATION OF ARCHITECT OR ENGINEER I certify that I have checked and verified the above and iorecoinf; Periodic Estimate for ll.irtial Payment; that to the best of my knowlcdl;c and belief it is a true and correct statement ui wurk rurtormed and%or material suprlicJ by the contrwcor, that all work ind•'ur matctial included in this f'ctt,ulic F—imate licks been in�peercd by me and or by my duty authoriccd representative or axsiaant. in,i that it has been pertormed and '.0 .urriic:d in tull a::orJancc with requirement.% ut the reterencc Contract; ant that partial rayetxnt claitncd anJ rcquesta: by the CnntriCtUr is CVM.CtI%.:umPutcJ on the ba+is ut w•orlc PvrturntcJ and 'or m.ttr- rial .urplia J etc. i �i'nrJ M (Archrt ct-w vntttnrar) Mile !J V `•; PREPAYMENT CERTIFICATION BY FIELD ENGINEER ``5 �t !,CArak r)yr of pprmnnr rerliHrd: bava• chc:kVJ illi+ a•+tlm.ltc .l.min+r the contractor'. Sche uh• of Arroittit, f„r C,,,ttrarr I'.n•ment.. the note, .alto! rcpurt. rt my tn.ls:tt.xt. or tt.a 1`r.ricas, .ul.: t!lc Itirto.ii: tcl'.^re, .ul•tartte.i ha' :ha .tt:!tucit cnCrnrcr. It t. Ira urutton that the .titcmvnt 4'it oars ; :r..rme.t .its,: or mate.tail .u(, lr_.: i..t:clr.l:v, MAt :ire .antractor l+ ot,,vt% T: thr trquit inent: of the contra:t, aad that t'.v :a,ticrietur ,lwul.i ov -at,; tint: amount rc,luc,tcJ .11+ucc. �f. l.at :;l tt,ar a.i ,a.• ah.i of r:.rt,rl.l1• un.:tr :ire aa•ntr,t.t i:.l. Caen in.l`,arc.i h.% r.rc an, th.,t at irk. rea•n p riocme.t and',: sup. lied 164I .tic VrJ.lrt:r :gait tni f Wra•morrh „1 rice' Lvfltra::. tFtr:a En,t,nrerl lDAtet P A Y E S T I M A T E N 0: Page fi--- of Project VIP Subdivision Street Improvements Original Contract Amount Total to Date Item Quantity No. Item Description and Unit Bid Total Unit Price Unit Cost Quantity Amount 90.19 Mobilization/Demobilization All req'd. 25000 25000.00 ���0 u aJ� 20.02 Clearing and Grubbing All req'd. 2000 2000.00 drJ� !rd 20.?b Usable Excavation 8292 CY 3.00 24876.00ZOO) N 20.9) Unusable Excavation 14425 CY 2.00 28850.00 `= 20.Q?) Classified Fill and 7y '' ` Backfll Type I 11218 CY 7.00 78526.00 leg, 20.05 Classified Fill and I 2 Backfill Type III 564 CY 10.00 5640.00 50.02 Furnish and Install 15' CMP 1192 LF 12.00 14304.00 MSha a 1, Steel 16 a. Perf. nv. 74P96-' 50.02 Furnish and Install 18 CMP 2 Sha e 1 Steel, 16 ga. 440 LF 14.00 6160.00 Yy ) 6. 50.02 Furnish and Install 24" CMP I 3 Shape 1 Steel, 16 ga. 300 LF 18.00 5400.00 �o U Q p 50.02 Furnish and Install 15" 0 4 Steel End Section 112 Ea. 100.00 11200.00 a2(' �QV 50.02 Furnish and Install 18" a oe 5 Steel End Section 20 Ea. 150.00 3000.00 o 000 50.02 Furnish -and Install 24" 00 6 Steel End Section 6 Ea. 200.00 1200.00 16,0 - 50.16 Special Ditch 1782 LF l 2.00 3564.00 / 7X4? Old 33 70.19 Topsoil 139 MSF 100.00 13900.00 70.20 Seeding 139 MSF 50.00 6950.00 _ O 1 70.20 2 I Water for Maintenance I 120 M. Gal. 50.00 1000.00- 90,10 Remove and Restructure ExistingStructure 12 E 500.00 6000.00 ✓ 90.11 Remove and Reinstall Existing Sign 129 Ea. 200.00 5800.00 ' G ` --O - ✓ 90.15 Set Survey Monument 2 Ea. 200.00 400.00 90cBFurnish and Install I Monument Box 2 Ea. 200.00 400.00 90 Construct Approach ( I a✓ Private 56 Ea. 100.00 5600.00 aG0 ✓ 0.16 Construct Approach 2 Public 13 Ea. 1 1 200.00 2600.00 190.16 Construct Approach 3 %� J 3) State 3 Ea. 500.00 1500.00 L90.17 Furnish and Install ' Exfiltration Gallery 22 Ea. 1800.00 39600.00 2- 2_ °a 3�f ✓ I,-. - - -__ -- r-% I ►nt!3l n._.._� .-_ PAY ESTIMATE N 0 : -�, Page of Project VIP Subdivision Street Improvements Item No. Item Description Original Contract Amount Total to Date Quantity Amount Quantity and Unit Unit Bid Price Total Unit Cost 90.18 Utilities in Construction All req'd. 5000.00 5000.00 106190 BASIC BID TOTAL: 298470.00 ALTERNATE NO. 1 20.Q6 Leveling Course 2" Depth 13707 SY 1.00 13707.00 40.02 Asphalt Concrete Pave 2" Drpth 11068 SY 4.75 52573.00 ALTERNATE NO. 1 TOTAL: 66280.00 ALTERNATE NO. 2 20.06 Leveling Course 2" Depth 21421 SY 1.00 21421.00 40.02 Asphalt Concrete Pave. ' 4.75 79581.50 ` ALTERNATE NO. 2 TOTAL: 101002.50 =fir ALTERNATE NO. 3 20.06 Leveling Course 2" Depth 2391 SY 1.00 2391.00 40.02 �IjpbeaPEhConcrete Pave. 1993 SY 4.751 9466.751 ALTERNATE -NO. 3 TOTAL: 11857.75 ALTERNATE NO. 4 20.06 40.02 Leveling Course 2" Depth 3882 SY 1.00 3882.00 I Asphalt Concrete Pave. 4.75 15998.00 ALTERNATE NO. 4 TOTAL: ( 19880.00 PAY E- Project N 0 • Page -�E of SCHEDULE OF CONTRACT CHANGE ORDERS (C.0. List a•carp ch.Inae ordtrr is%ucJ to date of this rt:yue.t even it no %%ork h.t% "Cen done semi T one• or more such orders. ADDITIONS TO ORIGINAL CONTRACT PRICE DEDUCTIONS FqOM CONTRACT PRICE AS SHO04 C4 CHANGE ORDERS (c) CONTRACT CHANGE OR.^.ER DESCRIPTION TOTAL COST OF ITEMS ADDED qr CHANGE OROER (a` CCST CF CHANCE ORCER ITEMS COMPLETED TO 'A ) NO. DATC TOTALS S Cost of Change Orders (C.O.) 112 (a) Approved Total Deductions from Contract (c) Net Change From C.O. �Z Change Orders that reduce the contract, Column (c), should reduce the .Total to Date Column for that item affected. PAY ESTIMATE N0: Z Project Page 46�- of b SCHEDULE OF 11i4TERIALS STORED AT CLOSE. OF THIS PERIOD (Attach a detailed schedule including quantities for each item) 'Attach Item Invoice Invoice Material Description ment No. No. Date (Vendor, Freight, etc.) Amount A i I ].T1F0 14 Mr. Doug Emery 2543 171 Ave S.E. Bellevue, Washington 98008 (206) 747-0116 August 28,1989 Mr. John Williams City of Kenai, Mayor 210 Fidago Kenai, Alaska 99611 Dear Mr. Williams, I am writing to inform you that 1 have taken a one year leave of absence from my job at Kenai Jr. High School. I have moved to Bellevue, Washington. It is therefore, that I must resign my position on the Kenai City Library Commission. I have enjoyed my years serving on the commission and would like to take this opportunity to wish the commission much success. Sincerely, Doug Emery Library Commissioner Date 8/16/89 CITY OF KENRI FOR COUNCIL INFORMATION Transfers of Funds under $19000 (KMC 7.25.020) Department Amount From To Explanation AIRPORT LAND SYS. $999.00 CONTINGENCY PROFESSIONAL SVS. AUDIT OF AIRPORT GRANT FROM STATE a IIJFO Ao CITY OF KENAI �C cajo� 4 r4"it 311234 �? 210 FIOALGO KENAI, ALASKA 99611 6 TELEPHONE 203 - 7535 CaRx tC C'c:.r CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS I Resident of City of Kenai? How long? 144 Mailing Address 4Tel. Bus. Address p � �k�sk, =q� sel. Presently employed by- ' QY1(,(,�, �h & f • SchOC)i 1)15 'r[c ,Y ! t Job Title �.i rt;iy► -- `N L s!c tt l S=r Name of Spouse Current membership in.organizations: �--A Past organizational --membership: _� C�.A�JdI�E'iy•. Committees interested in: AAt�pa444-4 vwxi, ignature KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING August 1, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska - A G E N D A- A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. INVOCATION: Rev. Carl Landerholm, North Star United Methodist Church D. ROLL CALL E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: July 18, 1989 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Chm. Mullen, Glick, McGahan, O'Connell, Poin- dexter (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS Page No. 1 1 Approved (a) Gary Superman, Nikiski Community Council 1 I. MOTIONS TO RECONSIDER (a) Ord. 89-31 "Amending the Kenai Peninsula Borough Sales Tax Code to Tax Gaming Sales" (Mayor) NOR Poindexter 2 Enacted as Amended (b) Res. 89-73 "Accepting Transfer of Kachemak City Municipal Road Maintenance Powers for the South Kenai Peninsula Road Maintenance Service Area" (Mayor) NOR Skogstad 4 Adopted J. AGENDA APPROVAL AND CONSENT AGENDA K. ORDINANCE HEARING (a) Ord. 89-32 "Authorizing Indebtedness by the Issuance of General Obligation Bonds in an Amount Not to Exceed $4,662,000 for the Pur- pose of Constructing and Equipping Solid Waste Disposal and Transfer Facilities in Seward and Soldotna and Pledging the Full Faith and Credit of the Borough for an Annual Levy of Taxes in an Amount Sufficient to Pay the Principal and Interest on These Bonds All Subject to Approval by the Voters at the Borough Election on October 3, 1989" (Mayor) L. INTRODUCTION OF ORDINANCES (a) Ord. 89-37 "Amending KPB 14.06.050 to Allow Roads Which Do Not Meet the Chapter 14.06 4UG'po„ Road Standards to Be Accepted Onto the Serv- ice Area Road Maintenance Service Systems for ;k xu Winter Maintenance Only" (McGahan) eL 9 g trE2�, S Enacted as Amended 6 Set Bearing 9/19/89 Page No. (b) Ord. 89-38 "Expanding the Boundaries of the Anchor Point Fire and Emergency Medical Serv- ice Area to Provide Fire and Emergency Medi- cal Services to Surrounding Areas" (Mayor, 6 Set Hearing Req. APFEMSA Board) 8/15/89 (c) Ord. 89-39 "Authorizing the Receipt of Various Grants from the State of Alaska and Appropriating $274,900 to the Project Ac- counts" (Mayor) 6 Set Hearing 9/5/89 (d) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Or- dinances" (Mayor, Req. Task Force) 7 Set Hearing 9/19/89 (e) Ord. 89-41 "Delegating Authority from the Kenai Peninsula Borough to the City of Sol- dotna to Make Land Use Plan Amendments to the Soldotna Comprehensive Plan" (Mayor, Req. Planning Cmsn. ) 7 Set Hearing 9/5/89 (f) Ord. 89-42"Providing Procedures for Appeal of the Decision of the Planning Commission Con- cerning Land Use" (Nash) 8 Set Hearing 9/5/89 M. CONSIDERA'TION OF RESOLUTIONS (a) Res. 89-79 "Providing for Conveyance of Cer- tain Lands From the State of Alaska to the Kenai Peninsula Borough for Public Purposes" 9 Adopted (Skogstad) (b) Res. 89-80 "Authorizing the Mayor to Award a Water Monitoring/Testing Contract for Solid Waste Facilities" (Mayor) 9 Adopted (c) Res. 89-81 "Authorizing Application for and Acceptance of a $45,000 Grant from the State of Alaska of the Borough's Funding for Local Senior Citizens Programs" (Mayor) 9 Adopted N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 88-27 (Rev.) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, In- cineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commission" (Nash) REFERRED TO PLAN. CMSN./ASSM T.F. (b) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Subdivision Design Requirements by Enactment of a New Selection 20.20.035 Providing Access Requirements for Proposed Subdivision of Land Isolated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) TABLED 7/18/89 (c) Ord. 89-36 "Appropriating Funds for the Reconstruction of One-half Mile of Diamond Ridge Road to Be Paid for By the State Local Service Roads and Trails Fund" (Mayor) HEAR 8/15 (d) Res. 89-35 "Declaring the Assembly of the Kenai Peninsula Borough Improperly Appor- tioned" (Carey) TABLED 4/4/89 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB- JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT (a) Investment Portfolio Report R. OTHER BUSINESS (a) Discussion of Railbelt Coalition Agenda for August 19 meeting S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS U. NOTICE OF NEXT MEETING AND ADJOURNMENT (Aug. 15, 1989) KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES August 1, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER The regular meeting of the Assembly was called to order by Pres. Jonathan Sewall at 7:30 p.m. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Carl Landerholm, pastor of the North Star United Methodist Church. D. ROLL CALL PRESENT: Assemblymembers Brown, Crawford, Glick, Hodgins, Keene, McGahan, McLane, Moock, Mullen, Nash, O'Connell, Poin- dexter, Sewall, Skogstad, Walli; Mayor Gilman, Atty. Boedeker, Planning Director Troeger, Public Works Director Brown, Borough Clerk Brindley EXCUSED: Assemblymember Carey E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the regular meeting of July 18, 1989 were approved as written. G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) Mr. Crawford reported the Finance Cmte. discussed only agenda items. (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Mr. Skogstad reported the Local Affairs Cmte. discussed agenda items at their meeting this date. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Mr. McLane reported Public Works Cmte. also discussed agenda items, adding that the Public Works Dept. will be issuing an RFP for design service for Ciechanski Road. Hopefully an engineering contract will be awarded and work can begin in September. H. REPORTS OF COMMISSIONS AND COUNCILS Gary Superman, Nikiski Community Council, spoke in appreciation to the citizens who organized the new entity. They believed it would be a vital, functioning body in an unincorporated area. He encouraged residents of the area to plan to attend the meetings as important issues, ordinances, etc. would be discussed. He urged no restrictions be placed on public comment at hearings on the land use ordinance coming up. A pre -hearing was to be held on August 3 at Fire Station #2. He stated meetings have been noticed through the newspaper, radio and billboards at the Fire Station. 1 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING AUGUST 1, 1989 I. MOTIONS TO RECONSIDER (a) Ord. 89-31 "Amending the Kenai Peninsula Borough Sales Tax Code to Tax Gaming Sales" (Mayor) NOR Poindexter ASSEMBLYMEMBER POINDEXTER MOVED TO RECONSIDER ORD. 89-31 AND THE MOTION WAS APPROVED BY A VOTE OF 10 YES TO 5 NO: YES: Poindexter, McLane, O'Connell, Crawford, Glick, Sewall, McGahan, Brown, Keene, Walli NO: Skogstad, Hodgins, Moock, Mullen, Nash ASSEMBLYMEMBER POINDEXTER MOVED TO SUSPEND THE RULES TO RECON- SIDER THE AMENDMENT TO ORD. 89-31(SBST). MOTION FAILED BY A VOTE OF 7 YES TO 8 NO: YES: Skogstad, Poindexter, Glick, Sewall, McGahan, Brown, Keene NO: Hodgins, Moock, McLane, Mullen, O'Connell, Crawford, Nash, Walli ASSEMBLYMEMBER MC GAHAN MOVED TO REOPEN PUBLIC HEARING ON ORD. 89-31 AND THERE WAS NO OBJECTION TO LIMITED (2 MINUTES) HEARING. Terry Stahlman, fundraiser for Parents United, stated the non- profit organization gets most of its funds from the sale of pull tabs. He spoke against the clause in the existing code which disallows discriminatory organizations from tax exempt status. He described the gross receipts, cost, taxes and net profit of a typical game, stating he had been advised by a number of businesses handling their games that they would not participate any longer if they were required to collect sales tax on them. He stated the 5% tax going to the borough would exceed that left for the non-profit organization. Richard COope , stated he was against any tax on games but if one were assessed, it should be like the state does it so the non- profit is not hurt. Fred Korpinen, Moose Lodge, stated the money derived from the sale of pull tabs has benefited many needy groups on the Penin- sula. He noted the state has already put a tax in place and if the borough taxes them as well they would not be able to afford to sell them. Pat Vincent, Exec. Officer for Kenai Peninsula Builders Assn., echoed the comments made previously, stating the whole community would be losing a viable fund raising source if the ordinance passed. Tommy Thomson, representing the Eagles Assn., agreed with other comments that the tax would destroy the avenue of funding as 5% of the gross would take away 25% of the net. He stated as a non profit organization, all income above costs goes for scholarships and charitable needs. Bonnie Smith, Director of Community Services for People Count, stated their organization is able to conduct a summer youth program and provide student services because of the income from pull tabs. Charlene Murray Grezent, believed pull tabs should be sponsored by the cities. 2 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING, AUGUST 1, 1989 Steve Terries, CPA, Pres. of Kenai/Soldotna Boys & Girls Club, stated he had looked at percentages of revenue from the games and ^" spoke in opposition to the tax. He reported the margin of income for the non-profit is not large enough to absorb the tax and the inconvenience of having it added on will diminish the sales. Public hearing was closed. Atty. Boedeker stated in answer to questions that if Ord. 89-31 is approved it would impose a sales tax on all gaming sales. If the ordinance is not passed, some organizations will remain ex- empt, essentially charitable ones, with membership open to all members of the public without discrimination. Vendors, or sellers other than non -profits or their members are going to be subject to tax. In regulations which it appears will be adopted, there is no such thing as a vendor in the game permit system. ASSEMBLYMEMBER POINDEXTER MOVED TO RECONSIDER THE VOTE ON THE AMENDMENT TO ORD. 89-31(SBST) TAKEN AT THE LAST MEETING. Mr. Poindexter spoke to the difficult position of administration in deciding which organizations were discriminatory in membership and which were not in order to apply the tax requirement. This would create confusion and an unfair situation. Atty. Boedeker explained if the Substitute were adopted, it would exempt all gaming sales regardless of who sold them. FOLLOWING FURTHER DISCUSSION, VOTE WAS CALLED AND RECONSIDERATION FAILED BY A VOTE OF 6 YES TO 9 NO: YES: Poindexter, Hodgins, Sewall, McGahan, Brown, Nash NO: Skogstad, Moock, McLane, Mullen, O'Connell, Crawford, Glick, Keene, Walli ASSEMBLYMEMBER NASH MOVED TO POSTPONE ORD. 89-31 FOR TWO MONTHS (OCT. 24). Mr. Nash stated during that time an ordinance would be submitted which would clarify which organizations qualify as non-profit un- der the state laws for obtaining a permit and which are non- profit for being tax exempt. He hoped to let the non -profits be tax exempt but not vendors. THE MOTION TO POSTPONE FAILED BY A VOTE OF 7 YES TO 8 NO: YES: Skogstad, Poindexter, Hodgins, Moock, McGahan, Brown, Nash NO: McLane, Mullen, O'Connell, Crawford, Glick, Sewall, Keene, Walli ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND KPB 5.18.260 BY ADDING A NEW SUBSECTION, "R. Gaming sales authorized by AS 5.15" AND BY DELETING THE FOLLOWING LANGUAGE FROM THE EXISTING KPB 5.18.160(M), "open to all interested members of the community without discrimination" AND DELETE THE LANGUAGE PROPOSED TO BE ADDED BY ORD. 89-31, "or gaming sales authorized by AS 5.15". ASSEMBLYMEMBER NASH MOVED TO DIVIDE THE QUESTION. VOTE WAS TAKEN ON THE FIRST PORTION REMOVING THE DISCRIMINATION CLAUSE, WHICH PASSED BY A VOTE OF 13 YES TO 2 NO: YES: Skogstad, Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Sewall, McGahan, Brown, Keene, Nash, Walli NO: Mullen, O'Connell J KENAI PENINSULA BOROUGH R9QU AR ASSEMBLY MEETING, AUGUST 1, 1989 In discussion of effects if the second portion failed to pass, Atty. Boedeker stated a group of small non-profit organizations could rent space and conduct their own games as long as monies were kept separate and a member of one of the organizations was selling the tabs. VOTE WAS CALLED ON THE SECOND PORTION, ADDING "R" WHICH FAILED BY A VOTE OF 6 YES TO 9 NO: YES: Skogstad, Poindexter, Hodgins, McGahan, Brown, Keene NO: Moock, McLane, Mullen, O'Connell, Crawford, Glick, Sewall, Nash, Walli ASSEMBLYMEMBER BROWN MOVED TO TABLE ORD. 89-31 AND THE MOTION FAILED BY A VOTE OF 5 YES TO 10 NO: YES: Poindexter, O'Connell, McGahan, Brown, Keene NO: Skogstad, Hodgins, Moock, McLane, Mullen, Crawford, Glick, Sewall, Nash, Walli ASSEMBLYMEMBER MC LANE MOVED THE PREVIOUS QUESTION ON THE MAIN MOTION WHICH PASSED BY A VOTE OF 10 YES TO 5 NO: YES: Skogstad, Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Sewall, McGahan, Nash NO: Mullen, O'Connell, Brown, Keene, Walli ORD. 89-31 WAS ENACTED AS AMENDED BY A VOTE OF 11 YES TO 4 NO: YES: Skogstad, Poindexter, Hodgins, Moock, McLane, Crawford, Glick, Sewall, Keene, Nash, Walli NO: Mullen, O'Connell, McGahan, Brown (b) Res. 89-73 "Accepting Transfer of Kachemak City Municipal Road Maintenance Powers for the South Kenai Peninsula Road Maintenance Service Area" (Mayor) NOR Skogstad ASSEMBLYMEMBER SKOGSTAD MOVED TO RECONSIDER RES. 89-73. Mr. Skogstad stated he gave notice of reconsideration because there was insufficient information at the last meeting and no one to speak from the road board or City. He noted a member of Kachemak City Council attended the Local Affairs Cmte. and he urged reconsideration so he would have opportunity to address the Assembly. Mrs. Glick reported speaking with Mrs. Dimmick, Chairman of the SKPRMSA Board, who had requested adoption of the resolution and requested her apology be extended as she was unable to attend this meeting. VOTE WAS CALLED AND RECONSIDERATION PASSED BY A VOTE OF 12 YES TO 3 NO: YES: Skogstad, Poindexter, Moock, McLane, O'Connell, Crawford, Glick, Sewall, McGahan, Brown, Keene, Walli NO: Hodgins, Mullen, Nash Art Butze, Kachemak City Council and member of the road board, reported they had worked long and hard to get at least winter maintenance of their roads. He stated he had received help from the Borough regarding obtaining of funds for next year. He showed on a map that there were 91 homes without winter services while some roads were being maintained although having only two residences. He stated he has his own equipment and for the last 5 years he and a few others had donated their services to keep the 3.5 miles open. 4 KENAI PENINSULA BOROUGH RECUTMBIY MEETING AUGUST 1, 1989 Mr. McLane reported Public Works Cmte. discussed the situation in discussion of Ord. 89-37 and recommended postponement until hear- ing date of the ordinance to -allow time for other road boards to comment on the concept of winter maintenance. Borough ad- ministration and C&RA will be holding a workshop with Kachemak City in the interim regarding revenue sharing and other funds available from the state. The deadline for applying for winter maintenance funds from the state has passed and also the program has been cut approximately $800 per road mile since its incep- tion. Mrs. Walli stated it was discovered that for several years Kachemak City has not applied for municipal assistance and revenue sharing. There is time before the deadline for that ap- plication and they will therefore have the money to contract with the service area to provide for this winter without jeopardizing its current maintenance program. ASSEMBLYMEMBER MC LANE MOVED TO POSTPONE RES. 89-73 TO SEPTEMBER 19 WHICH PASSED BY A VOTE OF 13 YES TO 2 NO. YES: Skogstad, Poindexter, Hodgins, Moock, McLane, Mullen, O'Connell, Crawford, Glick, Sewall, Keene, Nash, Walli NO: McGahan, Brown J. AGENDA APPROVAL AND CONSENT AGENDA Pres. Sewall added, without objection, discussion of the agenda for the Railbelt Boroughs meeting to be held August 19 in Fair- banks under Item R. Mr. Nash requested the addition of Ord. 89- 42 to Item L and there was no objection. The agenda was approved as amended. Pres. Sewall called a 10 minute recess and the meeting reconvened at 9:00 p.m. K. ORDINANCE HEARING (a) Ord. 89-32 "Authorizing Indebtedness by the Issuance of General Obligation Bonds in an Amount Not to Exceed $19,210,000 for the Purpose of Constructing and Equip- ping Solid Waste Disposal Facilities in Seward and Sol- dotna and Pledging the Full Faith and Credit of the Borough for an Annual Levy of Taxes in an Amount Suffi- cient to Pay the Principal and Interest on These Bonds All Subject to Approval by the Voters at the Borough Election on October 3, 1989" (Mayor) ASSEMBLYMEMBER CRAWFORD MOVED THE ENACTMENT OF ORD. 89-32. Mayor Gilman stated the necessity of having the machinery in hand to solve the problem in Seward, which is the most immediate. He referred to a memo sent previously which notes while several al- ternatives for the Soldotna Landfill deserve further considera- tion, the only feasible solution in Seward seems to be the balefill. Therefore he recommends only the cost of the Seward facility be placed on the ballot for the coming election and be included in the ordinance. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER CRAWFORD MOVED TO AMEND BY ADDING THE WORDS "AND TRANSFER" AFTER "DISPOSAL", CHANGE THE AMOUNT TO $4,662,000 THROUGHOUT, REWORDING SECTION 1, "That indebtedness in the form of bonds in an amount not to exceed $4,662,000 is authorized to be used for design, construction, closeout and purchase of sites, facilities and equipment for solid waste disposal and transfer." KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING AUGUST 1 1989 AND IN SECTION 2, DELETE "this construction and equipage" REPLAC- ING IT WITH "purchase or construct these facilities and equipment". Mr. Nash believed it would be cheaper to truck the waste from Seward and build a balefill in Soldotna, noting if the amount was increased to $6+million and it was decided to transfer the waste, there would be sufficient funds to build the Soldotna balefill. Mayor Gilman stated the deadline for putting an item on the bal- lot was August 15 and he wanted to see at least the $4,662,000 for approval even though plans may change in the next year. A lot of study needs to go into the proposal to haul, and incinera- tion has been ruled out due to the low volume, comparatively, and air flare problems. His concern was the 15-18 months of life left in the landfill. He stated at the public hearing in Seward, he promised this course of action. Mrs. McGahan stated her appreciation of administration's effort to consider all possibilities including the new proposal for com- posting. She spoke for the amendment and the ordinance. THE CRAWFORD AMENDMENT PASSED BY A VOTE OF 14 YES TO 1 (Nash) NO. ORD. 89-32 WAS ENACTED AS AMENDED BY A VOTE OF 14 YES TO 1 (Nash) NO. L. INTRODUCTION OF ORDINANCES (a) Ord. 89-37 "Amending KPB 14.06.050 to Allow Roads Which Do Not Meet the Chapter 14.06 Road Standards to Be Ac- cepted Onto the Service Area Road Maintenance Service Systems for Winter Maintenance Only" (McGahan) ASSEMBLYMEMBER MC GAHAN MOVED TO SET ORD. 89-37 FOR HEARING ON SEPTEMBER 19 AT THE REQUEST OF PUBLIC WORKS CMTE. Mr. McLane reported the committee decided on the September 19 date to allow time for the workshop and consideration by other road boards. ORD. 89-37 WAS SET FOP, HEARING BY UNANIMOUS CONSENT. (b) Ord, 89-38 "Expanding the Boundaries of the Anchor Point Fire and Emergency Medical Service Area to Provide Fire and Emergency Medical Services to Sur- rounding Areas" (Mayor, Req. APFEMSA Board) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 89-38 FOR HEARING ON AUGUST 15. Mr. Crawford reported Finance Cmte. discussed and approved set- ting an early hearing for the ordinance, with an amendment, in order to have the language approved for ballot preparation. He referred to the amendment in Memorandum 89-94 to change the ef- fective dates so that tax funds can be raised to support the operations in the new areas, before those operations are provided. ORD. B9-38 WAS SET FOR HEARING BY UNANIMOUS CONSENT. (c) Ord. 89-39 "Authorizing the Receipt of Various Grants from the State of Alaska and Appropriating $274,900 to the Project Accounts" (Mayor) ASSEMBLYMEMBER GLICK MOVED ORD. 89-39 BE SET FOR HEARING ON SEP- TEMBER 5 AND IT WAS APPROVED BY UNANIMOUS CONSENT. 6 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING. AUGUST 1, 1989 (d) Ord. 89-40 "Enacting a New Chapter 21.12 to Provide a Permit System for Conditional Land Uses and Repealing the Current KPB 21.12 Noxious, Injurious and Hazardous Uses Ordinances" (Mayor, Req. Task Force) ASSEMBLYMEMBER SKOGSTAD MOVED TO SET ORD. 89-40 FOR HEARING ON SEPTEMBER 19. Local Affairs Chairman Skogstad advised the committee recommended "do introduce". Public comment period was opened for introduction. James Gibbs, Ciechanski Road, addressed comments to his location near the Breeden pit operated by Quality Asphalt. While he felt the ordinance was ten years late, he encouraged introduction of Ord. 89-40 for hearing. Specifically, he cited support for the section regarding vegetation cover and the appropriateness in his situation. He asked if the permit process would be required if the use of the neighboring pit were changed to a landfill. Assemblymember Skogstad indicated, although not knowing the specific situation, it was his feeling if the land use were changed they would have to comply with the ordinance if passed as introduced. Ellie Tikka, Clam Gulch, stated although she felt it was too late for her situation with Borealis, it was a step in the right direction for others. Pam Swanson, Clam Gulch, stated her support for the ordinance in the interest of the public's safety. Assemblymember McGahan stated her objection to some portions of the ordinance. Her major concern was there is never a pos- sibility for an individual to appeal to an elected person. After the KPB Planning Commission decision, the ordinance provides ap- peal to the court system. Mrs. McGahan noted not everyone has the money to hire an attorney to go to court. With this reserva- tion, she advised she would vote to set the ordinance for intro- duction. Pres. Sewall stated informational public meetings would be heard throughout the borough. Public hearing will be held August 7th and the regular KPB Planning Commission meeting in the borough building, August 8th at Nikiski Junior/Senior High School, August 22nd at Chapman Elementary in Anchor Point and August 27th at the community hall in Moose Pass. All hearings will begin at 7:30 p.m. Assemblymember McLane asked whether administration had prepared some sort of fiscal note or estimate as to what impact this would have on the borough budget. He asked if there would be another position required. Mayor Gilman said some range of costs would be provided by hear- ing time. ORD. 89-40 WAS SET FOR PUBLIC HEARING ON SEPT. 19TH ON A VOTE OF 14 YES, 1 NO; Hodgins voting No. (e) Ord. 89-41 "Delegating Authority from the Kenai Penin- sula Borough to the City of Soldotna to Make Land Use Plan Amendments to the Soldotna Comprehensive Plan" (Mayor, Req. Planning Cmsn.) ASSEMBLYMEMBER GLICK MOVED TO SET ORD. 89-41 FOR HEARING ON SEPT. 5TH AND ASKED UNANIMOUS CONSENT. 7 KENAI PENINSULA BOROUGH RECUTAR ASSEMBLY MEETING, AUGUST 1, 1989 ORD. 89-41 WAS SET FOR HEARING SEPT. 5TH BY UNANIMOUS CONSENT. (f) Ord. 89-42 "Providing Procedures for Appeal of the Decision of the Planning Commission Concerning Land Use" (Nash) ASSEMBLYMEMBER NASH MOVED TO SET ORD. 89-42 FOR HEARING SEPT. 19TH. Assemblymember Nash noted two typographical errors to be cor- rected. There was no public comment. Assemblymember Nash said the purpose of the ordinance was to amend the existing noxious, injurious and hazardous use ordinance to provide a specific criteria for appeal. He said if the task force version were to pass, Ord. 89-41, the existing KPB Code noxious, injurious sections would be repealed. At that time, it would have to be determined if Ord. 89-42's appeal section was more appropriate than that in Ord. 89-41. He noted Ord. 89-42 provides for reconsideration motions back to the Planning Com- mission. If Ord. 89-41 were postponed, this ordinance would provide an interim process for appeal. Assemblymember McGahan reiterated her objection that not everyone can afford to go to court. She expressed adamant objection to the ordinance even going to hearing. Assemblymember Glick urged Ord. 89-42 be set for hearing Sept. 19th concurrently with Ord. 89-41. She further suggested that this ordinance might also be included in the special public hear- ing process provided for 89-41. Assemblymember Brown echoed Mrs. McGahan's feeling that appeal should be possible to an elected body. Assemblymember Crawford supported introduction and hearing on Sept. 5th. He observed if this could be passed on the 5th, at least this much could be accomplished prior to hearing of Ord. 89-41 on the 19th. Assemblymember Poindexter stated his opposition to the ordinance although he felt constituents have a right to make public comment and it should be introduced and heard on Sept. 5th. ASSEMBLYMEMBER GLICK MOVED ORD. 89-42 BE SET FOR HEARING SEPT. 19TH AND ASKED UNANIMOUS CONSENT. Assemblymember Nash stated his objection to a later hearing which he felt would effectively kill it. THE MOTION TO SET HEARING FOR SEPT. 19 FAILED ON A VOTE OF 7 YES, 8 NO: YES: Poindexter, Moock, O'Connell, Glick, Sewall, McGahan, and Brown NO: Skogstad, Hodgins, McLane, Mullen, Crawford, Keene, Nash and Walli ORD. 89-42 WAS SET FOR HEARING ON SEPT. 5TH ON A VOTE OF 11 YES, 4 NO: YES: Skogstad, Hodgins, Moock, McLane, Mullen, O'Connell, Craw ford, Sewall, Keene, Nash and Walli NO Poindexter, Glick, McGahan and Brown 8 (a) Res. 89-79 "Providing for Conveyance of Certain Lands From the State of Alaska to the Kenai Peninsula Borough for Public Purposes" (Skogstad) ASSEMBLYMEMBER SKOGSTAD MOVED ADOPTION OF RES. 89-79. There was no public comment. RES. 89-79 WAS ADOPTED BY UNANIMOUS CONSENT. (b) Res. 89-80 "Authorizing the Mayor to Award a Water Monitoring/Testing Contract for Solid Waste Facilities" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 89-80. Finance Chairman Crawford advised the committee recommended "do pass". He noted there were two bidders. RES. 89-80 WAS ADOPTED BY UNANIMOUS CONSENT. (c) Res. 89-81 "Authorizing Application for and Acceptance of a $45,000 Grant from the State of Alaska of the Borough's Funding for Local Senior Citizens Programs" (Mayor) ASSEMBLYMEMBER GLICK MOVED ADOPTION OF RES. 89-81 AND ASKED UNAN- IMOUS CONSENT. Finance Chairman Crawford said these grant funds would be ap- propriated through the existing formula. Additionally, another ordinance would be forthcoming for $87,000 to $89,000 in addi- tional funds. RES. 89-91 WAS ADOPTED BY UNANIMOUS CONSENT. N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 88-27 (Rev.)(Nash)REFERRED TO PLAN CMSN./ASSM T.F. (b) Ord. 88-49 (Mayor) TABLED 7/18/89 (c) Ord. 89-36 (Mayor) HEAR 8/15 (d) Res. 89-35 (Carey) TABLED 4/4/89 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT Mayor Gilman noted the Seward Elementary Construction Activity Report provided to both the assembly and school board. While the contract projects a completion date of Oct. 29, 1990, administra- tion feels completion will be substantially sooner. Mayor Gilman reported some significant leakage in the underground storage tank in Seldovia. Administration is now drawing a plan for remediation of the leakage. He said he would have a report on the entire underground storage tank progress at the next meet- ing. He observed the deadline of Dec. 31st for accomplishing federal requirements. To be included in this report is informa- tion about school district's misunderstanding on replacement of gasoline storage tanks after removal of existing ones. It will 9 KENAI PENINSULA BOROUCH REGULAR AS4FMBIv MEETING, AUGUST 1, 1989 be the borough's stance that gasoline will be procured in another manner as gasoline storage tanks are very much more expensive to replace. Diesel tanks will be replaced as they are less costly. Pres. Sewall asked Mayor Gilman if would be appropriate to hold an informational meeting on the proposed general obligation bonds for the Seward landfill in Seward. Mayor Gilman advised per the KPB Code, it is illegal to spend money promoting passage of a bond issue. However, he felt there was an obligation to the general public to make an analysis of what the project is, the costs and answer general questions. It is the intent of ad- ministration to do so. Chambers of Commerce and the press have been contacted to explain the project. Pres. Sewall said he felt an informational meeting in the Seward area would be appropriate. Mayor Gilman said starting in late August through November, ad- ministration would be manning a public information campaign on recycling. Assemblymember Mullen stated his total support for recycling and noted the paper generated by the borough building should be deposited for recycling. Mayor Gilman said this is the intent and procedure being followed. Assemblymember McGahan asked if the grass problems on playfields around the borough were being rectified. Mayor Gilman said while all problems have not been resolved the situation was being worked on with the school district and the contractor. He noted one problem was that no water mains had been stubbed out to the fields. ASSEMBLYMEMBER MC LANE MOVED ADJOURNMENT. THE MOTION FOR ADJOURNMENT PASSED ON A VOTE OF 8 YES, 7 NO: YES: McLane, Mullen, O'Connell, Crawford, Glick, Keene, Nash and Walli NO: Skogstad, Poindexter, Hodgins, Moock, Sewall, McGahan and Brown Per Parliamentarian Glick the motion passed on a vote of 8 yes as this was a procedural matter not legislative. U. NOTICE OF NEXT MEETING AND ADJOURNMENT (Aug. 15, 1989) Pres. Sewall announced the meeting of the Railbelt borough was set for August 19th in Fairbanks. He asked members to contact him or the clerk for items for that agenda. Pres. Sewall proposed the first assembly meeting in Septem- ber be held on Sept. 5, 1989, in Seward. Pres. Sewall adjourned the meeting at 10:23 p.m. Date Approved August 15. 1989 R ?a4t3dh-an �WSewall, Assembly President TE T: orough Cler 10 KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING July 18, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska yg7 8 9 to, - AGENDA - �ojb`{� eNbr. A. CALL TO ORDER ~ D C $+ 1 B. PLEDGE OF ALLEGIANCE �r C. INVOCATION: Bishop Stan Steadman, Soldotn 2� Church of the Latter Day Saint D. ROLL CALL 1 E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES: June 20, 1989 Reg. & BOA 1 G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Chm. Mullen, Glick, McGahan, O'Connell, Poin- dexter (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA (a) Res. 89-72 "Requesting Municipal Assistance 2 Funding from the State of Alaska" (Mayor) Adptd (b) Res. 89-77 "Requesting Exxon Establish a 2 Cleanup Effort in Upper Cook Inlet" (Mullen, Adptd McGahan, Walli) (c) Planning Commission Appointments 2 K. ORDINANCE HEARINGS (a) Qrd. 88-49 "Amending KPB Chapter 20.20 2 Regarding Subdivision Design Requirements by Enactd Enactment of a New Selection 20.20.035 Providing Access Requirements for Proposed Subdivision of Land Isolated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) (b) Ord. 89-28 "Amending Title 20 of the Borough 2 Code of Ordinances to Provide for Right -of- Enactd Way Acquisition Platting Procedures" (Mayor) (c) Ord. 89-29 "Amending the Kenai Peninsula 3 Borough Code of Ordinances to Clarify the Enactd Disabled Resident Exemption" (Mayor) as Amnd (d) Ord. 89-31 & 89-31(Sbst) "Amending the Kenai 4 Peninsula Borough Sales Tax Code to Tax Defeatd Gaming Sales" (Mayor) mm S-1 (e) Ord. 89-32 "Authorizing Indebtedness by the 6 Issuance of General Obligation Bonds in an Postpnd Amount Not to Exceed $19,210,000 for the Pur- to 8-1 pose of Constructing and Equipping Solid Waste Disposal Facilities in Seward and Sol- (b) Res. 89-35 "Declaring the Assembly of the Kenai Peninsula Borough Improperly Appor- tioned" (Carey) TABLED 4/4/89 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUB- JECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT R. OTHER BUSINESS (a) Revenue and Expenditures Report S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS (a) Railbelt Coalition Meeting Minutes, June 24, 1989 U. NOTICE OF NEXT MEETING AND ADJOURNMENT (Aug. 1, 1989) 12 Page Nbr. dotna and Pledging the Full Faith and Credit of the Borough for an Annual Levy of Taxes in an Amount Sufficient to Pay the Principal and Interest on These Bonds All Subject to Ap- proval by the Voters at the Borough Election on October 3, 1989" (Mayor) (f) Ord. 89-34 "Authorizing Formation of a New 7 'Anchor Point Water Service Area, to Oversee Defeatd Maintenance and Operation of a Public Water Supply to the Anchor Point Area Suffering from Benzene Pollution of Groundwater Sup- plies" (Mayor) (g) Ord, 89-35 "Accepting and Appropriating a Grant from the State of Alaska Department of Environmental Conservation for Construction of a Public Water System for the Anchor Point Water Service Area and Appropriating $5,000 for Operations" (Mayor) L. INTRODUCTION OF ORDINANCES (a) Ord,. 89-33 "Amending the Kenai Peninsula Borough Election Code to Authorize Mail -in 7 Ballots for Special Elections" (Mayor) Failed Intro. (b) Ord. 89.3( "Appropriating Funds for the 8 Reconstruction of One-half Mile of Diamond Hrg Ridge Road to Be Paid for By the State Local 8-1S Service Roads and Trails Fund" (Mayor) (c) Ord. 89-37 "Amending KPB 14.06.050 to Allow 8 Roads Which Do Not Meet the Chapter 14.06 Failed Road Standards to Be Accepted Onto the Serv- Intro. ice Area Road Maintenance Service Systems for Winter Maintenance Only" (Mayor) M. CONSIDERATION OF RESOLUTIONS (a) Res. 89-78 "Requesting Exxon to Rotate Vessel 9 Contracts on the Oil Spill Effort" (Mullen) Adptd (b) Res. 89-73, "Accepting Transfer of Kachemak 9 City Municipal Road Maintenance Powers for Defeatd the South Kenai Peninsula road Maintenance 9M 8-1 Service Area" (Mayor) (c) Res. 89-74 "Requesting Funds for the Comple- 10 tion of East Hill Road to Be Paid for By the Adptd State Local Service Roads and Trails Fund" (Mayor) (d) Res. 89-75 "Authorizing the Mayor to Award a 10 Contract for the Construction of the Nikiski Adptd Pedestrian Safety Paths Project" (Mayor) (e) Res. 89-76 "Authorizing the Mayor to Award a 11 Contract for the Skyview High School Track Adptd and Field PA System" (Mayor) N. PENDING LEGISLATION (This item lists legislation which will be ad- dressed at a later time as noted) (a) Ord. 88-27 (Rev.) "Amending KPB Title 21 to Add a New Chapter 200 Pertaining to the Burial, Dumping, Transporting, Storage, In- cineration, or Other Disposal of Potentially Harmful, Toxic or Hazardous Waste Materials, and Amending KPB 10.10 Pertaining to the Waste Disposal Commission" (Nash) REFERRED TO PLAN. CMSN./ASSM T.F. KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MINUTES July 18, 1989; 7:30 p.m. Borough Administration Building Soldotna, Alaska A. CALL TO ORDER The regular meeting of the Assembly was called to order at ap- proximately 7:30 p.m. by President Jonathan Sewall. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Bishop Stan Steadman of the Soldotna Church of Jesus Christ Latter Day Saints. D. ROLL CALL PRESENT: Assemblymembers Brown, Carey, Hodgins, Keene, McGahan, McLane, Moock, Mullen, Nash, O'Connell, Poindexter, Sewall, Skogstad, Walli; Mayor Gilman, Atty. Boedeker, Planning Director Troeger, Assessing Director Haerer, Public Works Director Brown, Borough Clerk Brindley EXCUSED:Assemblymembers Crawford, Glick, Keene E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBERS F. APPROVAL OF MINUTES The minutes of the Board of Adjustment and regular meeting of June 20, 1989 were approved as presented. G. COMMITTEE REPORTS (a) Finance (Chm. Crawford, V. Chm. Carey, Glick, O'Connell, Nash, Walli) Mr. Carey reported the committee met and considered agenda items. (b) Local Affairs/Legis. (Chm. Skogstad, V. Chm. Mullen, Glick, McGahan, O'Connell, Poindexter) Mr. Skogstad reported the committee met and considered agenda items which would be brought up at the appropriate time. (c) Public Works/Ed. (Chm. McLane, V. Chm. Moock, Brown, Hodgins, McGahan, Skogstad, Keene) Mr. McLane reported the committee met at 3 p.m. to discuss solid waste issues, primarily the Seward and Soldotna landfills. A consultant presented the new plan which would be brought to the Assembly later in the agenda. The Kenai Native Assn. also made a presentation of an incineration plan which could be provided by the Association. (d) Economic Development (Hodgins) Mr. Hodgins reported EDD would be holding a meeting in Homer on July 20 and interested persons were invited to attend at 1 p.m. (e) Hazardous Waste Task Force (Skogstad) Mr. Skogstad reported they met again last night and finalized the pending ordinance which would be introduced August 1. Four public hearings on the ordinance would then be held around the Borough prior to Assembly hearing and final action in September. 1 Pres. Sewall noted the minutes of the Railbelt Coalition meeting of June 24 are in the packet. H. REPORTS OF COMMISSIONS AND COUNCILS I. MOTIONS TO RECONSIDER J. AGENDA APPROVAL AND CONSENT AGENDA Mr. Mullen requested the addition of Res. 89-77 and 89-78 to the Consent Agenda. There was objection to Res. 89-78 being put on the Consent Agenda and it was placed on the regular agenda. Mrs. McGahan stated she and Mrs. Walli would like to cosponsor. Mr. Carey requested on behalf of the Finance Cmte. that Res. 89-75 and 89-76 be removed from the Consent Agenda. The regular agenda and Consent Agenda were approved without further objection as shown: (a) Res. 89-72 "Requesting Municipal Assistance Funding from the State of Alaska" (Mayor) (b) Res. 89-77 "Requesting Exxon Establish a Cleanup Effort in Upper Cook Inlet" (Mullen, McGahan, Walli) Drew Sgarlin, Jr. reported he is a commercial fisherman volun- teering with a group of other fishermen in the oil cleanup effort without opportunity for compensation. He urged adoption of the resolution, stating the oil is scattered throughout the Inlet and many boats are needed in the effort to pick it up by Exxon's deadline of September 15. He hoped a remnant team would be kept on standby in case of further sightings of oil in the Inlet. (c) Planning Commission Appointments Pres. Sewall noted the reappointment of Buzz Kyllonen and James Brickey for 3 year terms and the appointment of John Hammelman to fill the unexpired term of John Landua, a one year term. K. ORDINANCE HEARINGS (a) Ord. 88-49 "Amending KPB Chapter 20.20 Regarding Sub- division Design Requirements by Enactment of a New Selection 20.20.035 Providing Access Requirements for Proposed Subdivision of Land Isolated by the Alaska Railroad Right -of -Way From the State Highway System" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 88-49. Mr. Skogstad stated the Local Affairs Cmte. was unaware of any word received from the state Ombudsman on resolving the conflict. He stated the committee recommended further postponement. Public hearing was opened and closed as no one wished to be heard. Mayor Gilman stated until such time as the report is received from the Ombudsman, there is nothing to work with. ASSEMBLYMEMBER SKOGSTAD MOVED TO TABLE ORD. 88-49 AND IT WAS AP- PROVED BY UNANIMOUS CONSENT. (b) Ord. 89-28 "Amending Title 20 of the Borough Code of Ordinances to Provide for Right -of -Way Acquisition Platting Procedures" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 89-28. 0 Mr. Skogstad reported Local Affairs Cmte. had a do pass recommen- dation. Public hearing was opened. Dan Beardsley, Chief Right -of -Way Agent for the Central Region of the Dept. of Transportation, thanked the Mayor and Planning Director for bringing forward the ordinance at their request. Similar process has taken place in Anchorage and Mat -Su. He referred to paragraph B(4) regarding the right of way acquisition plat, suggesting the address requirement be eliminated on this preliminary plat as the state would ultimately become the owner of the property. He then referred to paragraph F which would al- low right-of-way to be acquired only after recordation of the final plat. He stated it is more practical to require the preliminary plat to be sufficient in order to proceed with ac- quisition of right-of-way so that necessary changes could be made which are sometimes brought to light in the acquisition process or design process, before the final plat is recorded. Lavern Buller, Right -of -Way Engineering Supervisor for DOT, stated he repairs right-of-way maps used for acquisition and sup- ported enactment of the ordinance. He agreed with the changes proposed by Mr. Beardsley, stating it is important to begin ac- quisition upon approval of the preliminary plat so that when the final is filed, it will be correct. Ed Call, Kenai, stated as a taxpayer that the state has not been negotiating with property owners along the Kenai Spur Highway where acquisition has been in process for 8 years. Public hearing was closed. In Assembly/administration discussion it was verified the or- dinance applies only to government agencies acquiring right-of- way. The subdivider dedicates a road by plat and will be unaf- fected by the ordinance. Construction on any particular portion of right-of-way would only begin after the deed or partial plat was recorded. ASSEMBLYMEMBER MC LANE MOVED TO AMEND BY DELETING PARAGRAPH F AND CHANGING B(4) TO READ "The name of the record owner of the sub- ject parcels shall be required on the preliminary plat only." MOTION WAS APPROVED BY UNANIMOUS CONSENT. ORD. 89-28 WAS ENACTED BY UNANIMOUS CONSENT. Mr. Carey asked for a Suspension of the Rules in order to ask Mr. Beardsley to provide an update on acquisition of the Sterling Highway right-of-way. There was no objection. Mr. Beardsley reported next week they would be receiving the first of ap- praisals from individual appraisers of approximately 260 parcels required by the project. They will be reviewed and within 60-90 days DOT personnel will be contacting property owners personally regarding acquisition. Notification was mailed in April; ac- quisition should be completed by next summer with construction going to bid by the end of the summer. (c) Ord. 89-29 "Amending the Kenai Peninsula Borough Code of Ordinances to Clarify the Disabled Resident Exemp- tion" (Mayor) ASSEMBLYMEMBER MOOCK MOVED THE ENACTMENT OF ORD. 89-29. Mr. Skogstad reported Local Affairs Cmte. discussed the ordinance without benefit of legal counsel. He understood the attorney would recommend an amendment. Mr. Carey reported Finance Cmte. approved passage of the or- dinance as well as the proposed amendment. KENAI PENINSULA BOROUGH REGULAR METING OF JULY 18, 1989 Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND SECTION 1, 5.12.110 FOL- LOWING "by a resident", TO READ, "who has been determined, in writing, to be totally disabled by the administrator, board or other appropriate authority of the U.S. Social Security Program, the Federal Civil Service System, the postal employees retirement system, the civil service retirement system of any state, the Alaska Public Employees Retirement System, the Alaska Teachers' Retirement System or similar programs which are alternatives to participation in the U.S. Social Security Act," AMEND BY ADDING A NEW SECTION 2 TO READ, "That regardless of the amendments ac- complished by this ordinance, any person who has previously been determined to be entitled to an exemption under KPB 5.12.110 shall continue to receive that exemption from borough property tax. AMEND BY ADDING A NEW SECTION 3 TO READ, "That the January 15 deadline for applying for an exemption under KPB 5.12.110 amendments under this ordinance shall be extended until August 15, 1989. THE EXISTING SECTION 2 TO BECOME SECTION 4. MRS. WALLI ASKED THE MOTION BE DIVIDED IN 3 PARTS. In response to Mrs. Walli's concerns, Mr. Haerer stated there were three property owners affected by the technical ruling, clarification of the language earlier this year, so it would not be difficult to contact those people regarding the change. THE FIRST PORTION OF THE AMENDMENT WAS APPROVED BY A VOTE OF 12 YES TO 1 (O'Connell) NO. THE SECOND PORTION OF THE AMENDMENT WAS APPROVED BY A VOTE OF 11 YES TO 2 (O'Connell, Walli) NO. THE THIRD PORTION OF THE AMENDMENT WAS APPROVED BY A VOTE OF 11 YES TO 2 (O'Connell, Walli) NO. Mayor Gilman noted in regard to the exemption that there is a maximum of $500 and it only applies to the Borough's portion of the taxes. Mr. O'Connell stated his objection was based on a lack of infor- mation as to what the potential impact might be. He stated there was no basis in need; it might be given to persons who could well afford to pay the full amount while there are others struggling to make the payments. ORD. 89-29 WAS ENACTED AS AMENDED BY A VOTE OF 12 YES TO 1 (O'Connell) NO. (d) Ord. 89-31 "Amending the Kenai Peninsula Borough Sales Tax Code to Tax Gaming Sales" (Mayor) ASSEMBLYMEMBER MOOCK MOVED THE ENACTMENT OF ORD. 89-31. Mr. Carey reported the Finance Cmte. had no recommendation. Mr. Skogstad reported Local Affairs Cmte. had a do pass recommen- dation. Public hearing was opened. Tom Jansen, Pres. of the Kenai Peninsula Non -Profit Assn., stated the organization opposes any sales tax as it would create undue hardship for all, especially the smaller non -profits, for their accountability. The tax would cut into the net profit of the non-profit organization. Some would have to discontinue opera- tion. 4 Ed Call, Kenai, stated he represented a number of non-profit or- ganizations which would be hurt by the ordinance. He felt it was a tax without representation. Richard Cooper, Kenai, stated he has a small business which has struggled to survive. He handles pull tabs for rent and it has added much needed profit. Terry Stahlman, fundraiser for Parents United, stated tradition- ally there has never been a tax on pull -tabs. All organizations have faced cuts in budgets because of the recession in the state and have needed the extra revenue brought in by games. The businessman who has been willing to handle pull -tabs for a small fee has been a great help. The tax will come out of the charities, portion because the business people will not want the extra trouble to collect and separate the tax. Wendy Smith, Nikiski, stated she had collected 43 signatures of people who oppose the ordinance. She stated she would not col- lect the tax. dark Griffin, owner of Alaska Bingo Supply and representing Alaska Charitable Gaming Assn., spoke against the ordinance. He distributed a schedule of figures showing the impact of 58 on cost and profit ration of the games. He did not believe charging $1.05 per ticket was feasible and the extra income to the Borough would not pay costs of enforcement. He urged delay of the action and letting the Dept. of Commerce deal with the problems turned over to it 18 days ago. Public hearing was closed. Mrs. Moock expressed frustration with retail businesses making 40% on an item which they are not required to pay tax on. She noted it is not a necessity and there is no basis for its exemp- tion; to allow it is discriminatory. Atty. Boedeker noted a perception that gaming sales is being added to a list of items to be taxed. That is not the case; at this time pull -tabs and other gaming sales are covered by the sales tax code. There is a limited exemption for non-profit and charitable organizations but only those which are not dis- criminatory as to membership. He did not believe vendors would qualify as non-profit organizations when the state addressed the issue. Having to determine whether each organization is dis- criminatory is what the legal department is trying to avoid. He advised enacting the ordinance and taxing all of the organiza- tions or enact the substitute and exempt all gaming sales. Mr. Hodgins asked if the Borough had a part in the permit ap- proval process. Mr. Boedeker stated regulations governing the permits are pre-empted by statute. Mayor Gilman reported a letter was sent to all known sellers of pull -tabs the first of April which stated they might be subject to sales tax. When the collection period comes up in two weeks if there is no change he would have no choice but to instruct staff to make a determination certain locations have been subject to tax. ASSEMBLYMEMBER MC GAHAN MOVED TO AMEND BY DELETING "since the recent authorization of pull -tab games and licensed operation," FROM THE 2ND WHEREAS CLAUSE. MOTION WAS APPROVED BY UNANIMOUS CONSENT. ASSEMBLYMEMBER CAREY MOVED TO AMEND TO ORD. 89-31(SBST). KENAI PENINSULA IMOUGH REGULAR MEETING OF JULY 18, 1989 Pres. Sewall passed the gavel to Vice Pres. McGahan in order to express support for the Substitute, believing the first thing ac- complished must be to clarify the existing code regarding games and perhaps a way to regulate games fairly could come after the state acts on the previous ordinance. The gavel was returned to Pres. Sewall. ASSEMBLYMEMBER MOOCK MOVED TO TABLE ORD. 89-31 AND IT WAS DEFEATED BY A VOTE OF 2 YES TO 11 NO: YES: Moock, McLane NO: Skogstad, Poindexter, Hodgins, Mullen, O'Connell, Sewall, McGhhan, Brown, Nash, Carey, Walli VOTE WAS CALLED ON THE SUBSTITUTE WHICH FAILED BY A VOTE OF 5 YES TO 8 NO: YES: Skogstad, Sewall, McGahan, Brown, Carey NO: Poindexter, Hodgins, Moock, McLane, Mullen, O'Connell, Nash, Walli ORD. 89-31 WAS DEFEATED BY A VOTE OF 6 YES, 7 NO: YES: Moock, McLane, Mullen, O'Connell, Nash, Walli NO: Skogstad, Poindexter, Hodgins, Sewall, McGahan, Brown, Carey Pres. Sewall called a 10 minute recess and the Assembly recon- vened at 10:10 p.m. (e) Ord. 89-32 "Authorizing Indebtedness by the Issuance of General Obligation Bonds in an Amount Not to Exceed $19,210,000 for the Purpose of Constructing and Equip- ping Solid Waste Disposal Facilities in Seward and Sol- dotna and Pledging the Full Faith and Credit of the Borough for an Annual Levy of Taxes in an Amount Suffi- cient to Pay the Principal and Interest on These Bonds All Subject to Approval by the Voters at the Borough Election on October 3, 1989" (Mayor) ASSEMBLYMEMBER SKOGSTAD MOVED THE ENACTMENT OF ORD. 89-32. Mr. Carey reported Finance Cmte. considered the ordinance and recommended it be discussed and then postponed to the August 1 meeting. Mr. McLane reported Public Works Cmte. heard recommendations in a report from Northern Test Lab and are convinced the liners and other environmental protectors are needed. He stated Cathy Meyer brought a report on EPA regulations for monitoring, permitting, etc. in effect although all requirements will not be known until the end of the year. Mike Tauriainen, Northern Test Lab, explained the proposal as re- quested for landfill modification and balers at the Soldotna and Seward Landfills. He stated a report which supplements the June 7 report separates the costs to be encountered in the first 5 years ($11,300,000) from those that would accrue over 20 projected years for a total of $17,200,000. He reported also selecting a liner for moderate cost which includes two feet of bentonite enriched soil. He presented charts showing cost break- down over 20 years at both landfills, including work that needs to be done in Seward, regardless of whether or not a baler is used, to cost $1.1 million. Also included was fill moving in or- der to put a liner in place. He then showed comparative costs between a landfill and a balefill, stating with a baler the life of the sites can increase to 20-50 years. An area for recycling was included in the plan for each balefill as well. The capital cost of the Seward Landfill is estimated to be $77 per ton plus 6 KENAI PENINSULA BOROU -H R - -ULALR MEETING OF JU .Y 18, 1989 $45 per ton operational cost projected 20 years with a life ex- pectancy of 40 years. The capital cost for Soldotna is ap- proximately $25 per ton and $20 per ton operating cost which in- cludes the purchase of additional buffer land. Mayor Gilman stated several questions asked in committee regard- ing incineration as an option and others, prompted a recommenda- tion of postponement. He emphasized the need to decide on a plan for Seward and if capital costs are required it would need to be on the October ballot. Public hearing was opened. Dane Clark, representing Peninsula Sanitation, addressed the need for recycling as part of the borough's waste management program, including plastic. EPA has set a goal of recycling 25% of the waste stream. He reported on successful programs set up by several communities outside the state and urged similar plans be adopted for the borough. Public hearing was closed. ASSEMBLYMEMBER CAREY MOVED TO POSTPONE ORD. 89-32 TO THE AUGUST 1, 1989 MEETING AND IT WAS APPROVED BY UNANIMOUS CONSENT. **ASSEMBLYMEMBER POINDEXTER GAVE NOTICE OF RECONSIDERATION OF ORD. 89-31 AT THE NEXT MEETING. Assemblymember McLane left the meeting. (f) Ord. 89-34 "Authorizing Formation of a New 'Anchor Point Water Service Area' to Oversee Maintenance and Operation of a Public Water Supply to the Anchor Point Area Suffering from Benzene Pollution of Groundwater Supplies" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ENACTMENT OF ORD. 89-34. Public hearing was opened and as no one wished to speak, was closed. Mrs. McGahan referred to a memo from administration which reported 3 options, (1) formation of a service area, (2) creation of a non-profit organization and (3) use of private funds, were presented at the public meeting in Anchor Point. The advisory planning commission chose to pursue the formation of a non-profit organization, pending approval of residents affected by the con- tamination. Those residents have since concurred. ORD. 89-34 WAS DEFEATED BY A VOTE OF 12 NO. L. INTRODUCTION OF ORDINANCES (a) Ord. 89-33 "Amending the Kenai Peninsula Borough Elec- tion Code to Authorize Mail -in Ballots for Special Elections" (Mayor) ASSEMBLYMEMBER MC GAHAN MOVED TO SET ORD. 89-33 FOR HEARING ON AUGUST 15. Mrs. McGahan spoke in favor of the ordinance which would increase voter participation while reducing costs for small, special elec- tions. Mr. Carey reported the Finance Cmte. discussed the ordinance and voted 1-3 against it. Mr. O'Connell spoke against making changes in a system that has worked well for a long time. 7 KENAI PENINSUL.n BOROUGHRZGULkR MEETING OF JULY 18, 1989 ORD. 89-33 WAS DEFEATED BY A VOTE OF 8 YES TO 4 NO: YES: Poindexter, Hodgins, Moock, Mullen, Sewall, McGahan, Nash, Walli NO: Skogstad, O'Connell, Brown, Carey (b) Ord, 2-36 "Appropriating Funds for the Reconstruction of One-half Mile of Diamond Ridge Road to Be Paid for By the State Local Service Roads and Trails Fund" (Mayor) ASSEMBLYMEMBER CAREY MOVED ORD. 89-36 BE SET FOR HEARING ON AUGUST 15. Mr. Carey reported Finance Cmte. had a do pass recommendation. Mrs. Moock reported Public Works Cmte. had a do introduce recom- mendation. ORD. 89-36 WAS SET FOR HEARING BY UNANIMOUS CONSENT. (c) Ord. 82-37 "Amending KPB 14.06.050 to Allow Roads Which Do Not Meet the Chapter 14.06 Road Standards to Be Ac- cepted Onto the Service Area Road Maintenance Service Systems for Winter Maintenance Only" (Mayor) ASSEMBLYMEMBER WALLI MOVED TO SET ORD. 89-37 FOR HEARING ON AUGUST 15. Mrs. Moock reported Public Works Cmte. recommended setting for hearing, with reservations. Mr. Nash proposed an amendment for consideration at public hear- ing, in Paragraph B, following "winter maintenance only," insert, "upon application by an interested party unless", strike "provided that" and add after "determines", "upon written find- ings of fact at an advertised public hearing" and on the next line strike "not". Pres. Sewall suggested liability might be increased. Atty. Boedeker believed since the road standards are more designed towards minimizing upkeep cost than for safety standards and he did not think it a significant risk. Mrs. Walli reported while on the road board she found different areas would opt to have either winter or summer maintenance. The program is only for maintenance. She believed the board was con- sidering categorizing the roads and giving priority to heavier use roads. Mr. Skogstad spoke against the ordinance but believed at least all the road boards should have opportunity to consider it since it would affect all road maintenance service areas. ASSEMBLYMEMBER SKOGSTAD MOVED TO CHANGE HEARING DATE TO SEPTEMBER 3 AND THERE WAS NO OBJECTION. ORD. 89-37 WAS DEFEATED BY A VOTE OF 5 YES TO 7 NO: YES: Poindexter, McGahan, Brown, Nash, Walli 10: Skogstad, Hodgins, Moock, Mullen, O'Connell, Sewall, Carey Assemblymember McGahan stated when a service area board requests an ordinance, she believed the assembly should at least allow it to go to hearing and she asked that it be placed on the August 1 agenda. M. CONSIDERATION OF RESOLUTIONS 8 ASSEMBLYMEMBER O'CONNELL MOVED TO SUSPEND THE RULES TO ALLOW RES. 89-79 TO BE CONSIDERED NEXT DUE TO THE TIMELINESS OF IT AND THE LATE HOUR. THERE WAS NO OBJECTION AND SO ORDERED. (a) Rite. 89-78 "Requesting Exxon to Rotate Vessel Contracts on the Oil Spill Effort" (Mullen) ASSEMBLYMEMBER MULLEN MOVED THE ADOPTION OF RES. 89-78. Mr. Mullen reported noticing since the occurrence of the oil spill that the same vessels and personnel have worked on the cleanup effort for an extended time. It only seemed fair that boats and owners from other areas bring the same boost to the economy that others have. Mrs. Moock expressed her problem with any governmental body tell- ing private enterprise who they should be hiring. Mrs. McGahan commented normally she would agree with Mrs. Moock, but in this instance where Exxon's mistake had so greatly ef- fected residents of the entire area, she felt it was appropriate to ask them to rotate compensation. Mr. Skogstad expressed his agreement and support. Mr. Carey objected to the fact that the resolution did not appear in the meeting notice and lack of actual numbers. RES. 89-78 WAS ADOPTED BY A VOTE OF 10 YES TO 2 NO: YES: Skogstad, Poindexter, Hodgins, O'Connell, Sewall, McGahan, Brown, Nash, Walli NO: Moock, Carey (b) Res, 89-73 "Accepting Transfer of Kachemak City Municipal Road Maintenance Powers for the South Kenai Peninsula Road Maintenance Service Area" (Mayor) ASSEMBLYMEMBER MOOCK MOVED THE ADOPTION OF RES. 89-73. Mr. Carey reported the Finance Cmte. voted 1-3 against adoption. ASSEMBLYMEMBER MC GAHAN MOVED TO POSTPONE RES. 89-73 UNTIL THE NEXT MEETING. Mrs. McGahan noted the lack of someone to speak for the board since it was requested by it. Mr. Nash stated the minutes of the board meeting indicate the subject was taken up without public notice it would be discussed. He urged defeat until public hearing had been held by the board. ASSEMBLYMEMBER MC GAHAN AMENDED HER MOTION TO POSTPONE UNTIL SEP- TEMBER 5 TO GIVE THE BOARD TIME TO HOLD HEARING IF IT DESIRES. MOTION FAILED BY A VOTE OF 7 YES TO 5 NO: YES: Poindexter, Moock, O'Connell, Sewall, McGahan, Brown, Nash NO: Skogstad, Hodgins, Mullen, Carey, Walli Mrs. Walli stated the SPRMA Board's agenda has a place for people who wish to speak on items that were taken up earlier in the meeting. It was not a case of not being advertised. Mrs. McGahan believed service area boards should be shown enough respect to allow them an opportunity to address it. Mr. Poindexter recalled this transfer has been discussed for over a year. Times and populations change and he felt they should have opportunity to represent their interests. 9 KENAI PENINSULA RORQ(QH REGILA-R MEETING OF JULY 18, 1989 ASSEMBLYMEMBER POINDE%TER-MOVED TO POSTPONE TO SEPTEMBER 19. Mrs. Walli spoke against the motion, commenting the resolution should be adopted as there was an error which included Kachemak City in the boundary description of the service area originally. THE MOTION TO POSTPONE FAILED BY A VOTE OF 6 YES, 6 NO: YES: Skogstad, Poindexter, Sewall, McGahan, Brown, Nash NO: Hodgins, Moock, Mullen, O'Connell, Carey, Walli RES. 89-73 WAS DEFEATED BY A VOTE OF 5 YES, 7 NO: YES: Poindexter, Sewall, McGahan, Brown, Walli NO: Skogstad, Hodgins, Moock, Mullen, O'Connell, Nash, Carey **ASSEMBLYMEMBER EROGSTAD GAVE NOTICE OF RECONSIDERATION. (b) Res. 89-74 "Requesting Funds for the Completion of East Hill Roan to Be Paid for By the State Local Service Roads and Trails Fund" (Mayor) ASSEMBLYMEMBER CARRY MOVED THE ADOPTION OF RES. 89-74. Mr. Carey reported Finance Cmte. had a do pass recommendation. Mrs. Moock reported Public Works had a do pass recommendation. Mrs. McGahan asked if the resolution was not adopted would it af- fect Ord. 89-36 and the Mayor replied it would not as they are separate funds. Mr. Poindexter commented it appears the state ran out of money on East Hill Road and has asked the borough to transfer money to finish it. However, if the borough does not appropriate the money, it won't receive it, so it would seem better to commit the $100,000 to this project. RES. 89-74 WAS ADOPTED BY A VOTE OF 10 YES, 2 NO: YES: Skogstad, Poindexter, Hodgins, Moock, O'Connell, Sewall, Brown, Carey, Walli NO: McGahan, Nash **Pres. Sewall asked if Ord. 89-31(Sbst) could be reconsidered as well as 89-31. Atty. Boedeker stated there is a general rule in Mason's Rules concerning finality of actions, that if you defeat an action it would foreclose that portion; to bring it up again the scope would have to be modified or the rules suspended. He would seek options for Assembly consideration. (c) Res. 89-75 "Authorizing the Mayor to Award a Contract for the Construction of the Nikiski Pedestrian Safety Paths Project" (Mayor) ASSEMBLYMEMBER CAREY MOVED THE ADOPTION OF RES. 89-75. Mr. Carey reported Finance Cmte. had a do pass recommendation. Mrs. Moock reported Public Works Cmte. heard a recommendation to add sufficient funding for pedestrian paving between driveways to the schools. Public Works Director Brown requested permission to use money in the budget over the bid to place additional paving. 10 KENAI PENINSULA BOROUGH REG[ILAR MEETING OF JULY 19, 1989 ASSEMBLYMEMBER MOOCK MOVED TO AMEND RES. 89-75 BY ADDING A NEW SECTION 2 TO ALLOW MONEY LEFT IN THE BUDGET TO BE USED TO AC- COMPLISH PAVING BETWEEN DRIVEWAYS. MOTION WAS APPROVED BY UNANI- MOUS CONSENT AND THE RESOLUTION AS AMENDED WAS ADOPTED BY UNANI- MOUS CONSENT. (d) Res. 89-76 "Authorizing the Mayor to Award a Contract for the Skyview High School Track and Field PA System" (Mayor) ASSEMBLYMEMBER MOOCK MOVED THE ADOPTION OF RES. 89-76. Both Finance and Public Works committees had do pass recommenda- tions. RES. 89-76 WAS ADOPTED BY UNANIMOUS CONSENT. N. PENDING LEGISLATION (This item lists legislation which will be addressed at a later time as noted) (a) Ord. 88-27 (Rev.)Nash) REF TO PLAN. CMSN./ASSM T.F. (b) Res. 89-35 (Carey) TABLED 4/4/89 0. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON SUBJECTS NOT ON THE MEETING AGENDA P. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS Q. MAYOR'S REPORT Mayor Gilman indicated a large, stacked box with oil spill re- lated documents and reported they had 36 hours to comment on regulations and permit to burn the oil refuse on portable barges; there are 16 federal agencies involved at this time, 5 or 6 spe- cial bills introduced in Congress, there is a state oil spill commission collecting information and expected to provide policy recommendations to the legislature, there is state funding to as- sist communities impacted by the oil, an ongoing monitor of cleanup operations in Seward and Homer and Cook Inlet; Alyeska Pipeline Co. has a new contingency plan that's due August 1 and ADEC has a contingency plan for Cook Inlet. All this activity had prompted him to hire Jim Butler for six months to work through the maze. Alice Bullington, the environmental technician in the Planning Dept. is doing a lot of the evaluation. Costs are coming out of the fund established by Exxon. Mayor Gilman reported all of the parcels were sold at Saturday's land sale for a net of $35,200 to be escrowed for 6 months. The last owner of record will be notified there is an amount over what was owed that belongs to them. If it is unclaimed after 6 months it will revert to the general fund. Mayor Gilman noted the letter from Anderson Tug and Barge regard- ing the withdrawal of membership from RDC. In response to questions, Mayor Gilman stated Tesoro is seriously considering extending their pipeline from Anchorage to Fairbanks which would lower the amount of oil coming out of Cook Inlet; there are 105,000 barrels a day that come in for refining and a pipeline would reduce the risk of a spill. ASSEMBLYMEMBER HODGINS MOVED TO ADJOURN AND THE MOTION PASSED BY A VOTE OF 7 YES TO 3 NO: YES: Skogstad, Poindexter, Hodgins, Moock, O'Connell, Brown, Carey NO: Sewall, McGahan, Walli i. 11 R. OTHER BUSINESS (a) Revenue and Expenditures Report S. ASSEMBLY AND MAYOR'S COMMENTS T. INFORMATIONAL MATERIALS AND REPORTS (a) Railbelt Coalition Meeting Minutes, June 24, 1989 Pres. Sewall reported the next meeting of the Railbelt Coalition is on August 19 in Fairbanks. U. NOTICE OF NEXT MEETING AND ADJOURNMENT Pres. Sewall stated the next regular meeting is August 1, 1989. This meeting adjourned at 12:20 a.m. Date approved 12 TO DO LIST SEPTEMBER 6, 1989 KENAI CITY 1. K. Kornelis - Check into gouge in road, driveways off center - Lawton, Kaknu. 2. R. Ernst - Contact FAA for w tten confirmation of funding for float plane bas' commercial slips. oa,,otA.- . J. Ruotsala - Comm/Comm Se etary contract for 9-20 meeting. J. Ruotsala - Notify Henr Penny and Marian Nelson of r� EDC appointments. J. Ruotsala - Notify Br'ttany Nowak of Library appointment. 6. K. Kornelis - Check i o availability of water & sewer, Cook Inlet Ind. Air rk, Lot 9. 7. T. Rogers - Proposa for commercial rental of Sr. Center for 9-20 me ing. -8. J. Ruotsala - Sche ule special meeting on Sept. 27, 7:00 PM, Library, personnel review. 9. K. Kornelis - Ag eement between City & Borough for land fill - give cop to Betty Glick. 10. K. Kornelis - eck on manhole on Aliak. 11. K. Kornelis - eport on number of people going into dump and ton ge. 12. B. Brighton Report on where Borough taxes go. 13. K. Korneli - Report Council chairs that are noisy and tip backw ds. 14. Councilm Smalley, Councilwoman Swarner - work with High Sch of to develop program for student represe tatives for Comm/Comm. 15. K. Kor elis - Check for repair of ruts on Lawton across from inker. jr